FINANCIAL SERVICES AND MARKETS ACT
2000 (SAVINGS, MODIFICATIONS AND CONSEQUENTIAL PROVISIONS) (REHABILITATION
OF OFFENDERS) (SCOTLAND) ORDER 2001 (S.I. 2001/3640)
1 This memorandum responds to the Committee's request
for a memorandum on the following point:
Section 95(2) of the Banking Act 1987, as substituted
by article 2(2), provides that "Nothing in section 4(1) ¼
shall prevent the determination in any proceeding (including proceedings
on appeal to any court) arising out of any relevant decision of
the Authority, ¼".
Explain the meaning of this phrase and what, if any, additional
words should have been included.
2 Some words have been accidentally omitted from
the substituted text of section 95(2). This should have read:
"Nothing in section 4(1) ¼
shall prevent the determination in any proceedings (including
proceedings on appeal to any court) arising out of any relevant
decision of the Authority of any issue, or prevent the
admission or requirement in any such proceedings of any evidence,
relating to a person's previous convictions for any such offence
as is mentioned in subsection (1) or the circumstances ancillary
3 The effect of the correct version is (to paraphrase)
that where proceedings are brought as a result of a relevant decision
of the Authority, section 4(1) does not prevent:
(a) the determination in those proceedings of any
issue relating to a person's previous convictions for an offence
mentioned in subsection (1); or
(b) the admission or requirement in those proceedings
of evidence relating to such convictions.
4 The Treasury will ensure that the mistake is corrected
by an amending instrument in the near future.
17 December 2001