Crime (International Co-operation) Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Sending domestic freezing orders

 11C   (1)   If a certificate is made under paragraph 11B, the restraint order and the certificate are to be sent to the Secretary of State for forwarding to—
(a)  a court exercising jurisdiction in the place where the property is situated, or
(b)  any authority recognised by the government of the participating country as the appropriate authority for receiving orders of that kind.
(2)      The restraint order and the certificate must be accompanied by a forfeiture order, unless the certificate indicates when the court expects a forfeiture order to be sent.
(3)      The certificate must include a translation of it into an appropriate language of the participating country (if that language is not English).
(4)      The certificate must be signed by or on behalf of the court and must include a statement as to the accuracy of the information given in it.
  The signature may be an electronic signature.
(5)      If the restraint order and the certificate are not accompanied by a forfeiture order, but a forfeiture order is subsequently made, it is to be sent to the Secretary of State for forwarding as mentioned in sub-paragraph (1).
 

Overseas freezing orders

 11D   (1)   Paragraph 11E applies where an overseas freezing order made by an appropriate court or authority in a participating country is received by the Secretary of State from the court or authority which made or confirmed the order.
(2)      An overseas freezing order is an order prohibiting dealing with property—
(a)  which is in the United Kingdom and is terrorist property, and
(b)  in respect of which an order has been or may be made by a court exercising criminal jurisdiction in that country for the forfeiture of the property on a ground mentioned in sub-paragraph (3),
  and in respect of which the following requirements of this paragraph are met.
(3)      The grounds are that—
(a)  the property is likely to be used for the purposes of a listed offence, or
(b)  the property is the proceeds of the commission of such an offence.
(4)      The order must relate to—
(a)  criminal proceedings instituted in the participating country, or
(b)  a criminal investigation being carried on there.
(5)      The order must be accompanied by a certificate which gives the specified information; but a certificate may be treated as giving any specified information which is not given in it if the Secretary of State has the information in question.
(6)      The certificate must—
(a)  be signed by or on behalf of the court or authority which made or confirmed the order,
(b)  include a statement as to the accuracy of the information given in it,
(c)  if it is not in English, include a translation of it into English (or, if appropriate, Welsh).
  The signature may be an electronic signature.
(7)      The order must be accompanied by an order made by a court exercising criminal jurisdiction in that country for the forfeiture of the property, unless the certificate indicates when such an order is expected to be sent.
(8)      An appropriate court or authority in a participating country in relation to an overseas freezing order is—
(a)  a court exercising criminal jurisdiction in the country,
(b)  a prosecuting authority in the country,
(c)  any other authority in the country which appears to the Secretary of State to have the function of making such orders.
(9)      References in paragraphs 11E to 11G to an overseas freezing order include its accompanying certificate.
 

Enforcement of overseas freezing orders

 11E   (1)   Where this paragraph applies the Secretary of State must—
(a)  by a notice nominate a court in England and Wales to give effect to the overseas freezing order,
(b)  send a copy of the overseas freezing order to the nominated court and to the Director of Public Prosecutions,
(c)  tell the Director which court has been nominated.
(2)      The nominated court is to consider the overseas freezing order on its own initiative within a period prescribed by rules of court.
(3)      Before giving effect to the overseas freezing order, the nominated court must give the Director an opportunity to be heard.
(4)      The court may decide not to give effect to the overseas freezing order only if, in its opinion, giving effect to it would be incompatible with any of the Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)).
 11F      The nominated court may postpone giving effect to an overseas freezing order in respect of any property—
(a)  in order to avoid prejudicing a criminal investigation which is taking place in the United Kingdom, or
(b)  if, under an order made by a court in criminal proceedings in the United Kingdom, the property may not be removed from the United Kingdom.
 11G   (1)   Where the High Court decides to give effect to an overseas freezing order, it must—
(a)  register the order in that court,
(b)  provide for notice of the registration to be given to any person affected by it.
(2)      For the purpose of enforcing an overseas freezing order registered in the High Court, the order is to have effect as if it were an order made by that court.
(3)      Paragraph 7 applies to an overseas freezing order registered in the High Court as it applies to a restraint order under paragraph 5.
(4)      The High Court may cancel the registration of the order, or vary the property to which the order applies, on an application by the Director of Public Prosecutions or any other person affected by it, if—
(a)  the court is of the opinion mentioned in paragraph 11E(4), or
(b)  the court is of the opinion that the order has ceased to have effect in the participating country.
(5)      Her Majesty may by Order in Council make further provision for the enforcement in England and Wales of registered overseas freezing orders.
(6)      An Order in Council under this paragraph—
(a)  may make different provision for different cases,
(b)  is not to be made unless a draft of it has been laid before and approved by resolution of each House of Parliament."
 4      In paragraph 14 of that Schedule (enforcement of orders made in designated countries), in sub-paragraph (2), after the second "order" there is inserted "(other than an overseas freezing order within the meaning of paragraph 11D)".
 5      In paragraph 45 of that Schedule (Insolvency: general provisions), in paragraph (c) of the definition of "restraint order"—
(a)  "external restraint" is omitted,
(b)  after "of" there is inserted "paragraph 11G or of"."
 

Schedule 4

 

THE LORD FILKIN

157Page 67, line 5, leave out "territorial authority" and insert "Secretary of State"
158Page 67, line 7, leave out "the authority" and insert "him"
159Page 67, leave out lines 10 and 11
160Page 67, line 12, leave out paragraph (b)
161Page 67, line 16, leave out "territorial authority" and insert "Secretary of State"
 

Before Clause 91

 

THE LORD FILKIN

162Insert 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

163Page 60, line 25, after "instrument" insert "(other than an instrument to which subsection (5A) applies)"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

164Page 60, line 25, leave out from "section" to end of line 26 and insert "proposed to be made by the Secretary of State is not to be made unless a draft of the instrument containing the order has been laid before and approved by resolution of each"
 

THE LORD FILKIN

165Page 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."
166Page 60, line 28, after "instrument" insert "(other than an instrument to which subsection (6A) applies)"
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

167Page 60, line 28, leave out from "section" to "resolution" in line 29 and insert "proposed to be made by the Scottish Ministers is not to be made unless a draft of the instrument containing the order has been laid before and approved by"
 

THE LORD FILKIN

168Page 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."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

169Page 60, line 30, at end insert—
"(   )  This section shall cease to have effect at the end of one year beginning with the date on which it comes into force."
 The above-named Lords give notice of their intention to oppose the Question that Clause 91 stand part of the Bill.
 

After Clause 92

 

THE BARONESS ANELAY OF ST JOHNS

170Page 61, line 3, at end insert—
"(   )  No order may be made under subsection (1) until—
(a)  the Extradition Bill has received Royal Assent; and
(b)  the Secretary of State has certified that the provisions of this Act and that Act are compatible."

 
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22 January 2003