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Crime (International Co-operation) Bill [HL]


Crime (International Co-operation) Bill [HL]
Part 4 — Miscellaneous

    57

 

           “(5AA)              This section shall have effect where a person is carrying out

surveillance under section 76A of the Regulation of Investigatory

Powers Act 2000 (foreign surveillance operations) as if—

                  (a)                 any unlawful conduct by that person in the course of carrying

out the surveillance were unlawful conduct of a constable in the

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performance of his functions under the direction and control of

the Director General of NCIS; and

                  (b)                 subsection (4) applied to the person carrying out the

surveillance.”

     (3)    Where—

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           (a)           a sum is paid by virtue of this section out of the NCIS service fund, and

           (b)           the Secretary of State receives under any international agreement a sum

by way of reimbursement (in whole or in part) of the sum paid out of

that fund,

            he must pay into that fund the sum received by him by way of reimbursement.

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Extradition

 85    Schengen-building provisions of the 1996 Extradition Convention

     (1)    This section applies where a state is a party to the 1996 Extradition Convention,

but only in respect of particular provisions (“the relevant provisions”).

     (2)    The 1996 Extradition Convention is the Convention drawn up on the basis of

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Article K.3 of the Treaty on European Union relating to Extradition between

the Member States of the European Union and opened for signature on 27th

September 1996.

     (3)    Her Majesty may by Order in Council provide that the Extradition Act 1989

(c. 33) is to apply, subject to specified modifications, between—

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           (a)           the United Kingdom, and

           (b)           the state,

            as if the relevant provisions were general extradition arrangements (within the

meaning of that Act) made between the United Kingdom and the state.

     (4)    “Specified” means specified in the Order in Council.

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     (5)    A statutory instrument containing the Order in Council is subject to annulment

in pursuance of a resolution of either House of Parliament.

     (6)    The Order in Council may include supplementary, incidental, saving or

transitional provisions.

 86    States in relation to which 1995 and 1996 Extradition Conventions not in force

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     (1)    Her Majesty may by Order in Council provide that Schedule 1A to the

Extradition Act 1989 is to apply in relation to a specified state as if—

           (a)           the state were a party to the 1995 Convention and a party to the 1996

Convention (within the meaning of that Act), and

           (b)           the state had made a declaration under a specified provision of either

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Convention.

     (2)    “Specified” means specified in the Order in Council.

 

 

Crime (International Co-operation) Bill [HL]
Part 4 — Miscellaneous

    58

 

     (3)    A statutory instrument containing the Order in Council is subject to annulment

in pursuance of a resolution of either House of Parliament.

     (4)    The Order in Council may include supplementary, incidental, saving or

transitional provisions.

False monetary instruments

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 87    False monetary instruments: England and Wales and Northern Ireland

     (1)    Section 5 of the Forgery and Counterfeiting Act 1981 (c. 45) (offences relating

to money orders, share certificates, passports, etc.) is amended as follows.

     (2)    In subsection (5)—

           (a)           in paragraph (g), at the end there is inserted “and other bills of

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exchange”,

           (b)           after paragraph (h) there is inserted—

                        “(ha)                           bankers’ drafts;

                        (hb)                           promissory notes;”,

           (c)           after paragraph (j) there is inserted—

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                        “(ja)                           debit cards;”.

     (3)    After subsection (6) there is inserted—

           “(7)              An instrument is also an instrument to which this section applies if it is

a monetary instrument specified for the purposes of this section by an

order made by the Secretary of State.

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           (8)              The power under subsection (7) above is exercisable by statutory

instrument subject to annulment in pursuance of a resolution of either

House of Parliament.”

 88    False monetary instruments: Scotland

After section 46 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

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there is inserted—

“False monetary instruments

       46A            False monetary instruments

           (1)           A person who counterfeits or falsifies a specified monetary instrument

with the intention that it be uttered as genuine is guilty of an offence.

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           (2)           A person who has in his custody or under his control, without lawful

authority or excuse—

                  (a)                 anything which is, and which he knows or believes to be, a

counterfeited or falsified specified monetary instrument; or

                  (b)                 any machine, implement or computer programme, or any paper

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or other material, which to his knowledge is specially designed

or adapted for the making of a specified monetary instrument,

                         is guilty of an offence.

 

 

Crime (International Co-operation) Bill [HL]
Part 4 — Miscellaneous

    59

 

           (3)           For the purposes of subsections (1) and (2)(a) above, it is immaterial

that the specified monetary instrument (or purported specified

monetary instrument) is not in a fit state to be uttered or that the

counterfeiting or falsifying of it has not been finished or perfected.

           (4)           A person guilty of an offence under this section is liable on summary

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conviction—

                  (a)                 to a fine not exceeding the statutory maximum;

                  (b)                 to imprisonment for a term not exceeding six months; or

                  (c)                 both to a fine and to such imprisonment.

           (5)           A person guilty of an offence—

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                  (a)                 under subsection (1) above is liable on conviction on

indictment—

                        (i)                        to a fine;

                        (ii)                       to imprisonment for a term not exceeding ten years; or

                        (iii)                      both to a fine and to such imprisonment;

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                  (b)                 under subsection (2) above is liable on conviction on

indictment—

                        (i)                        to a fine;

                        (ii)                       if it is proved that the offence was committed with the

intention that the specified monetary instrument in

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question be uttered (or as the case may be that a

specified monetary instrument be uttered), to

imprisonment for a term not exceeding ten years and if

it is not so proved, to imprisonment for a term not

exceeding two years; or

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                        (iii)                      both to a fine and to imprisonment for a term not

exceeding ten years, if it is proved as mentioned in sub-

paragraph (ii) above, or both to a fine and to

imprisonment for a term not exceeding two years if it is

not so proved.

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           (6)           Where an offence under this section which has been committed—

                  (a)                 by a body corporate is proved to have been committed with the

consent or connivance of, or to be attributable to any neglect on

the part of, a director, manager, secretary or other similar officer

of that body; or

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                  (b)                 by a Scottish partnership is proved to have been committed

with the consent or connivance of, or to be attributable to any

neglect on the part of, a member of that partnership,

                         or by any person who was purporting to act in any such capacity, he as

well as the body corporate, or as the case may be the partnership, is

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guilty of that offence and is liable to be proceeded against and punished

accordingly.

           (7)           Where the affairs of a body corporate are managed by its members,

subsection (6) above applies in relation to the actings and defaults of a

member in connection with his functions of management as if he were

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a director of the body corporate.

           (8)           In subsections (1) to (5) above, “specified” means for the time being

specified for the purposes of this section, by order made by the Scottish

Ministers.

 

 

Crime (International Co-operation) Bill [HL]
Part 5 — Final provisions
Chapter 2 — Miscellaneous

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           (9)           The power to make an order under subsection (8) above—

                  (a)                 includes power to make such incidental, supplemental,

transitional or transitory provision as the Scottish Ministers

think necessary or expedient; and

                  (b)                 is exercisable by statutory instrument.

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           (10)          A statutory instrument containing such an order is subject to

annulment in pursuance of a resolution of the Scottish Parliament.”

Freezing of terrorist property

 89    Freezing of terrorist property

Schedule 4 is to have effect.

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Part 5

Final provisions

Chapter 1

Amendments and repeals

 90    Amendments and repeals

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     (1)    Schedule 5 (minor and consequential amendments) is to have effect.

     (2)    The enactments set out in Schedule 6 are repealed to the extent specified.

Chapter 2

Miscellaneous

 91    Northern Ireland

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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

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resolution of both Houses of Parliament), but

           (b)           is to be subject to annulment in pursuance of a resolution of either

House of Parliament.

 92    Supplementary and consequential provision

     (1)    The appropriate Minister may by order made by statutory instrument make—

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           (a)           any supplementary, incidental or consequential provision,

           (b)           any transitory, transitional or saving provision,

            which he considers necessary or expedient for the purposes of, in consequence

of or for giving full effect to any provision of this Act.

     (2)    The appropriate Minister means—

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Crime (International Co-operation) Bill [HL]
Part 5 — Final provisions
Chapter 2 — Miscellaneous

    61

 

           (a)           in relation to any provision that would, if included in an Act of the

Scottish Parliament, be within the legislative competence of that

Parliament, the Scottish Ministers,

           (b)           in relation to any other provision, the Secretary of State.

     (3)    The provision which may be made under subsection (1) includes provision

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amending or repealing any enactment or instrument.

     (4)    An order under this section may make different provision for different

purposes.

     (5)    A statutory instrument (other than an instrument to which subsection (6)

applies) containing an order under this section made by the Secretary of State

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is subject to annulment in pursuance of a resolution of either House of

Parliament.

     (6)           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

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of Parliament.

     (7)    A statutory instrument (other than an instrument to which subsection (8)

applies) containing an order under this section made by the Scottish Ministers

is subject to annulment in pursuance of a resolution of the Scottish Parliament.

     (8)    A statutory instrument containing such an order which adds to, replaces or

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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.

 93    Commencement

     (1)    This Act (except this Chapter and the provisions mentioned in subsection (2))

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is to come into force on such day as the Secretary of State may by order made

by statutory instrument appoint.

     (2)    The following are to come into force on such day as the Scottish Ministers may

by order made by statutory instrument appoint—

           (a)           sections 37 to 41,

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           (b)           section 88.

     (3)    An order under this section may make different provision for different

purposes.

 94    Extent

     (1)    Sections 32 to 36 extend only to England and Wales and Northern Ireland.

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     (2)    Sections 37 to 41 extend only to Scotland.

 95    Short title

This Act may be cited as the Crime (International Co-operation) Act 2003.

 

 

 
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