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

House of Lords

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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"
161APage 70, line 27, leave out "and 8" and insert ", 8 and 11"
161BPage 70, line 28, at end insert—
       "In section 5 (transfer of UK prisoner to give evidence or assist investigation overseas), after subsection (3) there is inserted—
    "(3A)  A warrant under this section has effect in spite of section 127(1) of the Army Act 1955, section 127(1) of the Air Force Act 1955 or section 82A(1) of the Naval Discipline Act 1957 (restriction on removing persons out of the United Kingdom who are serving military sentences).""
    161CPage 70, line 29, leave out paragraph 36
    161DPage 76, line 10, at end insert—
     

    "Armed Forces Act 2001 (c. 19)

      In section 31 of the Armed Forces Act 2001 (power to make provision in consequence of enactments relating to criminal justice), in subsection (7)—
    (a)  after "section" there is inserted "section 5 of the Criminal Justice (International Co-operation) Act 1990 and",
    (b)  for "is" there is substituted "are"."
     

    Schedule 5

     

    THE LORD FILKIN

    161EPage 77, line 6, column 2, leave out "and 8" and insert ", 8 and 11"
     

    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."
     

    Clause 93

     

    THE LORD WALLACE OF SALTAIRE
    THE LORD GOODHART

    171Page 61, line 6, at end insert—
    "(   )  Her Majesty may, by Order in Council, direct that any provision of this Act shall extend, with such exceptions, adaptations and modifications, if any, as may be specified in the Order, to any of the Channel Islands or the Isle of Man."

 
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31 January 2003