House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Amendments to the Crime (International Co-operation) Bill [HL]

Crime (International Co-operation) Bill [HL]


AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


 

Clause 5

 

THE LORD FILKIN

Page 3, line 39, at end insert—
"(   )  Where citation or issue is by the prosecutor, is to be effected or the document to be served outside the United Kingdom and the prosecutor believes that the person against whom it is to be effected or on whom it is to be served does not understand English, the citation or document must be accompanied by a translation of it (or, in the case of a document, by a translation of so much of it as is material) in an appropriate language."
Page 3, line 40, leave out "the citation" and insert "citation or issue is by the court,"
 

Clause 19

 

THE LORD FILKIN

Page 11, line 16, at end insert "or to the territorial authority for forwarding to that court or authority "
 

Clause 20

 

THE LORD FILKIN

Page 12, line 7, leave out "person who" and insert "court or authority which"
 

Clause 21

 

THE LORD FILKIN

Page 12, line 35, at end insert "of court"
 

Clause 24

 

THE LORD FILKIN

Page 13, line 39, leave out from beginning to "any" in line 40
Page 13, line 41, leave out from "be" to end of line 7 on page 14 and insert "retained by him until he is given a notice under subsection (2) or authorised to release it under section 25.
(2)  If—
(a)  the overseas freezing order was accompanied by a request for the evidence to be sent to a court or authority mentioned in section 13(2), or
(b)  the territorial authority subsequently receives such a request,
  the territorial authority may by notice require the constable to send the evidence to the court or authority that made the request."
 

Clause 25

 

THE LORD FILKIN

Page 14, line 11, leave out "24(2)(a)" and insert "24 if, in its opinion—
(a)  the condition in section 21(6) or (7) is met, or
(b)  the overseas freezing order has ceased to have effect in the participating country."
Page 14, line 18, at end insert—
"(   )  If the territorial authority decides not to give a notice under section 24(2) in respect of any evidence retained by a constable under that section, the authority must give the constable a notice authorising him to release the evidence."
 

Clause 26

 

THE LORD FILKIN

Page 15, line 1, after "sent" insert "to the territorial authority or"
 

Clause 27

 

THE LORD FILKIN

Page 15, line 15, leave out from "under" to "to" in line 16 and insert "sections 10, 11 and 13 to 26"
Page 15, line 18, leave out "this group of" and insert "those"
Page 15, line 19, leave out from "by" to "or" in line 21 and insert "a customs officer"
Page 15, line 26, leave out "this group of sections" and insert "sections 13 to 26"
Page 15, line 28, leave out "this group of" and insert "those"
 

Clause 28

 

THE LORD FILKIN

Page 16, line 12, after "prescribed" insert "or of a description prescribed"
Page 16, line 13, after "offence" insert "or a description of offences"
Page 16, line 15, after "offence" insert "or offences"
 

Clause 32

 

THE LORD FILKIN

Page 18, line 35, at end insert—
"(b)  direct a senior customs officer to apply, or arrange for a customs officer to apply, for such an order."
 

Clause 33

 

THE LORD FILKIN

Page 19, line 32, at end insert—
"(   )  a senior customs officer,
(   )  a customs officer authorised by a senior customs officer to make the application."
 

Clause 35

 

THE LORD FILKIN

Page 20, line 15, at end insert—
"(b)  direct a senior customs officer to apply, or arrange for a customs officer to apply, for such an order."
 

Clause 36

 

THE LORD FILKIN

Page 21, line 4, at end insert—
"(   )  a senior customs officer,
(   )  a customs officer authorised by a senior customs officer to make the application."
 

Clause 38

 

THE LORD FILKIN

Page 22, line 9, leave out paragraph (b)
 

Clause 41

 

THE LORD FILKIN

Page 23, line 25, leave out paragraph (b)
 

Clause 43

 

THE LORD FILKIN

Page 25, line 13, at end insert—
  "In relation to Scotland, a power of attorney includes a factory and commission."
 

Clause 46

 

THE LORD FILKIN

Page 26, line 11, at end insert "and
 "senior customs officer" means a customs officer who is not below the grade designated by the Commissioners of Customs and Excise as equivalent to that rank."
 

Clause 51

 

THE LORD FILKIN

Page 29, line 19, after "instrument" insert "(other than an instrument to which subsection (4A) applies)"
Page 29, line 22, after "instrument" insert "(other than an instrument to which subsection (4A) applies)"
Page 29, line 24, at end insert—
"(4A)  A statutory instrument containing an order under section 52(2)(b) designating a country other than a member State is not to be made unless—
(a)  in the case of an order to be made by the Secretary of State, a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament,
(b)  in the case of an order to be made by the Scottish Ministers, a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament."
 

Clause 52

 

THE LORD FILKIN

Page 30, line 4, at end insert—
 ""customs officer" means an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979 (c. 2),"
Page 30, line 17, at end insert "or, in relation to Scotland, the Scottish Ministers"
Page 30, line 18, after ""process"" insert "in relation to England and Wales and Northern Ireland"
Page 30, line 22, leave out "other"
Page 30, line 23, at end insert—
"(   )  In this Part, "process" in relation to service in Scotland means a citation by a court or by a prosecuting authority, or an order made by a court, and includes any other document issued or made as mentioned in subsection (3)(a) or (b)."
 

Schedule 4

 

THE LORD FILKIN

Page 67, line 5, leave out "territorial authority" and insert "Secretary of State"
Page 67, line 7, leave out "the authority" and insert "him"
Page 67, leave out lines 10 and 11
Page 67, line 12, leave out paragraph (b)
Page 67, line 16, leave out "territorial authority" and insert "Secretary of State"
 

Before Clause 91

 

THE LORD FILKIN

Insert the following new Clause—
  "Northern Ireland
  An Order in Council under paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of devolved government) which contains a statement that it is made only for purposes corresponding to those of Chapter 2 of Part 3 of this Act—
(a)  is not to be subject to paragraph 2 of that Schedule (affirmative resolution of both Houses of Parliament), but
(b)  is to be subject to annulment in pursuance of a resolution of either House of Parliament."
 

Clause 91

 

THE LORD FILKIN

Page 60, line 25, after "instrument" insert "(other than an instrument to which subsection (5A) applies)"
Page 60, line 27, at end insert—
"(5A)  A statutory instrument containing such an order which adds to, replaces or omits any part of the text of an Act is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament."
Page 60, line 28, after "instrument" insert "(other than an instrument to which subsection (6A) applies)"
Page 60, line 30, at end insert—
"(6A)  A statutory instrument containing such an order which adds to, replaces or omits any part of the text of an Act or of an Act of the Scottish Parliament is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament."

 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
9 January 2003