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Crime (International Co-operation) Bill [HL]


Crime (International Co-operation) Bill [HL]
Part 3 — Road traffic
Chapter 2 — Mutual recognition within the United Kingdom etc.

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                        (b)                        particulars of the class of motor vehicles to which the

licence granted under this Part of this Act relates.”

     (3)    In section 99 (duration of licences), after subsection (3) there is inserted—

           “(3A)              Where—

                  (a)                 the Secretary of State is sent under a provision of Northern

5

Ireland law corresponding to section 97(1AA) of this Act a

licence granted under this Part of this Act to a person to drive a

motor vehicle of any class, and

                  (b)                 the Secretary of State is satisfied that a Northern Ireland licence

to drive a motor vehicle of that or a corresponding class has

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been granted to that person,

                         the Secretary of State must serve notice in writing on that person

revoking the licence granted under this Part of this Act.”

     (4)    In section 102 (disqualification to prevent duplication of licences), at the end

there is inserted—

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           “(2)              A person is also disqualified for holding or obtaining a licence

authorising him to drive a motor vehicle of any class so long as he is

authorised by virtue of section 109(1) of this Act to drive a motor

vehicle of that or a corresponding class.”

 79    Disability and prospective disability

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     (1)    The Road Traffic Act 1988 (c. 52) is amended as follows.

     (2)    After section 109A (as inserted by section 77 of this Act) there is inserted—

       “109B  Revocation of authorisation conferred by Northern Ireland licence

because of disability or prospective disability

           (1)           If the Secretary of State is at any time satisfied on inquiry—

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                  (a)                 that a Northern Ireland licence holder is suffering from a

relevant disability, and

                  (b)                 that he would be required by virtue of section 92(3) of this Act

to refuse an application made by the holder at that time for a

licence authorising him to drive a vehicle of the class in respect

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of which his Northern Ireland licence was issued or a class

corresponding to that class,

                         he may serve notice in writing requiring the licence holder to deliver

immediately to the Secretary of State his Northern Ireland licence

together with its Northern Ireland counterpart and its counterpart (if

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any) issued to him under this Part of this Act (“the relevant

counterparts”).

           (2)           If the Secretary of State is satisfied on inquiry that a Northern Ireland

licence holder is suffering from a prospective disability, he may—

                  (a)                 serve notice in writing on the Northern Ireland licence holder

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requiring him to deliver immediately to the Secretary of State

his Northern Ireland licence together with the relevant

counterparts, and

                  (b)                 on receipt of the Northern Ireland licence and those

counterparts and of an application made for the purposes of this

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Crime (International Co-operation) Bill [HL]
Part 3 — Road traffic
Chapter 2 — Mutual recognition within the United Kingdom etc.

    52

 

                  (b)                 subsection, grant to the Northern Ireland licence holder, free of

charge, a licence for a period determined by the Secretary of

State under section 99(1)(b) of this Act.

           (3)           The Secretary of State may require a person to provide—

                  (a)                 evidence of his name, address, sex and date and place of birth,

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and

                  (b)                 a photograph which is a current likeness of him,

                         before granting a licence to him on an application for the purposes of

subsection (2) above.

           (4)           A person who—

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                  (a)                 is required under, or by virtue of, this section to deliver to the

Secretary of State his Northern Ireland licence and the relevant

counterparts, but

                  (b)                 without reasonable excuse, fails to do so,

                         is guilty of an offence.

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           (5)           Where a Northern Ireland licence holder to whom a counterpart is

issued under section 109A of this Act—

                  (a)                 is required under, or by virtue of, this section to deliver his

Northern Ireland licence and that counterpart to the Secretary

of State, and

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                  (b)                 is not in possession of them in consequence of the fact that he

has surrendered them to a constable or authorised person

(within the meaning of Part 3 of the Road Traffic Offenders Act

1988) on receiving a fixed penalty notice given to him under

section 54 of that Act,

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                         he does not fail to comply with any such requirement if he delivers

them to the Secretary of State immediately on their return.

           (6)           Where a Northern Ireland licence holder is served with a notice in

pursuance of this section, he shall cease to be authorised by virtue of

section 109(1) of this Act to drive in Great Britain a motor vehicle of any

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class from such date as may be specified in the notice, not being earlier

than the date of service of the notice.

           (7)           Where a Northern Ireland licence is delivered to the Secretary of State

in pursuance of this section, he must—

                  (a)                 send the licence and its Northern Ireland counterpart to the

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licensing authority in Northern Ireland, and

                  (b)                 explain to them his reasons for so doing.

       109C  Information relating to disabilities etc

Section 94 of this Act shall apply to a Northern Ireland licence holder

who is normally resident in Great Britain as if—

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                  (a)                 in subsection (1), for the words from the beginning to “aware”

there were substituted “If a Northern Ireland licence holder

who is authorised by virtue of section 109(1) of this Act to drive

in Great Britain a motor vehicle of any class, is aware

immediately before the relevant date, or becomes aware on or

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after that date”,

                  (b)                 after that subsection there were inserted—

 

 

Crime (International Co-operation) Bill [HL]
Part 3 — Road traffic
Chapter 2 — Mutual recognition within the United Kingdom etc.

    53

 

                  “(1A)                    For the purposes of subsection (1) “relevant date” means—

                        (a)                        in the case where the licence holder first became

normally resident in Great Britain on or before the date

on which section 79 of the Crime (International Co-

operation) Act 2003 comes into force, that date; and

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                        (b)                        in any other case, the date on which he first became so

resident.”,

                  (c)                 for subsection (3A) there were substituted—

                  “(3A)                    A person who—

                        (a)                        is authorised by virtue of section 109(1) of this Act to

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drive in Great Britain a motor vehicle of any class, and

                        (b)                        drives on a road a motor vehicle of that class,

                                      is guilty of an offence if at any earlier time while he was so

authorised he was required by subsection (1) above to notify the

Secretary of State but has failed without reasonable excuse to do

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so.”,

                  (d)                 in subsection (4), the words “an applicant for, or” (in both

places) were omitted,

                  (e)                 in subsection (5), the words “applicant or” and the words from

the beginning of paragraph (c) to “provisional licence” were

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omitted,

                  (f)                 in subsection (6)(b), the words “applicant or” (in both places)

were omitted,

                  (g)                 in subsection (7), the words “applicant or” were omitted, and

                  (h)                 in subsection (8)—

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                        (i)                        for “93” there were substituted “109B”, and

                        (ii)                       the words “applicant or” (in both places) were omitted.”

     (3)    In section 93 (revocation of licence because of disability or prospective

disability)—

           (a)           in subsection (2A), at the end there is inserted “or subsection (6) below”,

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           (b)           at the end there is inserted—

                  “(5)                    Where the Secretary of State—

                        (a)                        is at any time sent by the licensing authority in Northern

Ireland a licence under a provision of Northern Ireland

law corresponding to section 109B of this Act, and

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                        (b)                        by virtue of the reasons given by that authority for

sending the licence is at that time satisfied as mentioned

in subsection (1)(a) and (b) above or that the licence

holder is suffering from a prospective disability,

                                      the Secretary of State may serve notice in writing on the licence

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holder revoking the licence with effect from such date as may be

specified in the notice, not being earlier than the date of service

of the notice.

                  (6)                    Where the reasons given by the licensing authority in Northern

Ireland for sending the licence relate to a prospective disability

45

of the holder, the Secretary of State may, on an application made

for the purposes of this subsection, grant to the holder, free of

charge, a new licence for a period determined by the Secretary

of State under section 99(1)(b) of this Act.”

 

 

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

    54

 

Part 4

Miscellaneous

Information

 80    Disclosure of information by SFO

     (1)    In section 3 of the Criminal Justice Act 1987 (c. 38) (disclosure of information)—

5

           (a)           in subsection (5), for paragraph (c) there is substituted—

                        “(c)                           for the purposes of any criminal investigation or

criminal proceedings, whether in the United Kingdom

or elsewhere”,

           (b)           at the end of subsection (6) there is inserted—

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                        “(n)                           any person or body having, under the Treaty on

European Union or any other treaty to which the United

Kingdom is a party, the function of receiving

information of the kind in question,

                        (o)                           any person or body having, under the law of any

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country or territory outside the United Kingdom, the

function of receiving information relating to the

proceeds of crime”,

                         and the “and” preceding paragraph (m) is omitted.

 81    Inspection of overseas information systems

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After section 54 of the Data Protection Act 1998 (c. 29) there is inserted—

       “54A   Inspection of overseas information systems

           (1)           The Commissioner may inspect any personal data recorded in—

                  (a)                 the Schengen information system,

                  (b)                 the Europol information system,

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                  (c)                 the Customs information system.

           (2)           The power conferred by subsection (1) is exercisable only for the

purpose of assessing whether or not any processing of the data has

been or is being carried out in compliance with this Act.

           (3)           The power includes power to inspect, operate and test equipment

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which is used for the processing of personal data.

           (4)           Before exercising the power, the Commissioner must give notice in

writing of his intention to do so to the data controller.

           (5)           But subsection (4) does not apply if the Commissioner considers that

the case is one of urgency.

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           (6)           Any person who—

                  (a)                 intentionally obstructs a person exercising the power conferred

by subsection (1), or

                  (b)                 fails without reasonable excuse to give any person exercising

the power any assistance he may reasonably require,

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                         is guilty of an offence.

 

 

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

    55

 

           (7)           In this section—

                                  “the Customs information system” means the information system

established under Chapter II of the Convention on the Use of

Information Technology for Customs Purposes,

                                  “the Europol information system” means the information system

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established under Title II of the Convention on the

Establishment of a European Police Office,

                                  “the Schengen information system” means the information system

established under Title IV of the Convention implementing the

Schengen Agreement of 14th June 1985, or any system

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established in its place in pursuance of any Community

obligation.”

Cross-border surveillance

 82    Foreign surveillance operations

After section 76 of the Regulation of Investigatory Powers Act 2000 (c. 23) there

15

is inserted—

       “76A  Foreign surveillance operations

           (1)           This section applies where—

                  (a)                 a foreign police or customs officer is carrying out relevant

surveillance outside the United Kingdom which is lawful under

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the law of the country or territory in which it is being carried

out;

                  (b)                 circumstances arise by virtue of which the surveillance can for

the time being be carried out only in the United Kingdom; and

                  (c)                 it is not reasonably practicable in those circumstances for a

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United Kingdom officer to carry out the surveillance in the

United Kingdom in accordance with an authorisation under

Part 2 or the Regulation of Investigatory Powers (Scotland) Act

2000.

           (2)           “Relevant surveillance” means surveillance which—

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                  (a)                 is carried out in relation to a person who is suspected of having

committed a relevant crime; and

                  (b)                 is, for the purposes of Part 2, directed surveillance or intrusive

surveillance.

           (3)           “Relevant crime” means crime which—

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                  (a)                 falls within Article 40(7) of the Schengen Convention; or

                  (b)                 is crime for the purposes of any other international agreement

to which the United Kingdom is a party and which is specified

for the purposes of this section in an order made by the

Secretary of State with the consent of the Scottish Ministers.

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           (4)           Relevant surveillance carried out by the foreign police or customs

officer in the United Kingdom during the permitted period is to be

lawful for all purposes if—

                  (a)                 the condition mentioned in subsection (6) is satisfied;

 

 

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

    56

 

                  (b)                 the officer carries out the surveillance only in places to which

members of the public have or are permitted to have access,

whether on payment or otherwise; and

                  (c)                  conditions specified in any order made by the Secretary of State

with the consent of the Scottish Ministers are satisfied in

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relation to its carrying out.

           (5)           The officer is not to be subject to any civil liability in respect of any

conduct of his which is incidental to any surveillance that is lawful by

virtue of subsection (4).

           (6)           The condition in this subsection is satisfied if, immediately after the

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officer enters the United Kingdom—

                  (a)                 he notifies a person designated by the Director General of the

National Criminal Intelligence Service of that fact; and

                  (b)                 (if the officer has not done so before) he requests an application

to be made for an authorisation under Part 2, or the Regulation

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of Investigatory Powers (Scotland) Act 2000, for the carrying

out of the surveillance.

           (7)           “The permitted period” means the period of five hours beginning with

the time when the officer enters the United Kingdom.

           (8)           But a person designated by an order made by the Secretary of State may

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notify the officer that the surveillance is to cease being lawful by virtue

of subsection (4) when he gives the notification.

           (9)           The Secretary of State is not to make an order under subsection (4)

unless a draft of the order has been laid before Parliament and

approved by a resolution of each House.

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           (10)          In this section references to a foreign police or customs officer are to a

police or customs officer who, in relation to a country or territory other

than the United Kingdom, is an officer for the purposes of—

                  (a)                 Article 40 of the Schengen Convention; or

                  (b)                 any other international agreement to which the United

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Kingdom is a party and which is specified for the purposes of

this section in an order made by the Secretary of State with the

consent of the Scottish Ministers.

           (11)          In this section—

                                  “the Schengen Convention” means the Convention implementing

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the Schengen Agreement of 14th June 1985;

                                  “United Kingdom officer” means—

                        (a)                        a member of a police force;

                        (b)                        a member of the National Criminal Intelligence Service;

                        (c)                        a member of the National Crime Squad or of the Scottish

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Crime Squad (within the meaning of the Regulation of

Investigatory Powers (Scotland) Act 2000);

                        (d)                        a customs officer.”

 83    Assaults on foreign officers

     (1)    For the purposes of section 89 of the Police Act 1996 (c. 16) (assaults on

45

constables) any person who is carrying out surveillance in England and Wales

 

 

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

    57

 

     (1)    under section 76A of the Regulation of Investigatory Powers Act 2000 (c. 23) is

to be treated as if he were acting as a constable in the execution of his duty.

     (2)    For the purposes of section 41 of the Police (Scotland) Act 1967 (c. 77) (assaults

on constables) any person who is carrying out surveillance in Scotland under

section 76A of that Act of 2000 is to be so treated.

5

     (3)    For the purposes of section 66 of the Police (Northern Ireland) Act 1998 (c. 32)

(assaults on constables) any person who is carrying out surveillance in

Northern Ireland under section 76A of that Act of 2000 is to be so treated.

 84    Liability in respect of foreign officers

     (1)    Section 42 of the Police Act 1997 (liability of Director General of NCIS for

10

wrongful acts of constables etc.) is amended as follows.

     (2)    After subsection (5A) there is inserted—

           “(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—

15

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

out the surveillance were unlawful conduct of a constable in the

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

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surveillance.”

     (3)    Where—

           (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

25

that fund,

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

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,

30

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

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

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.

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

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

           (a)           the United Kingdom, and

           (b)           the state,

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

40

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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