MC(23).JOUR/1 - First Day of the 23rd Meeting of the Ministerial Council
The High Court in England and Wales may make an order if—
it is satisfied that a person has been involved in serious crime (whether in England and Wales or elsewhere); and
it has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales.
The High Court in Northern Ireland may make an order if—
it is satisfied that a person has been involved in serious crime (whether in Northern Ireland or elsewhere); and
it has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Northern Ireland.
The appropriate court in Scotland may make an order if—
it is satisfied that a person has been involved in serious crime (whether in Scotland or elsewhere); and
it has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Scotland.
An order under this section may contain— as the court considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the person concerned in serious crime in England and Wales , Scotland or (as the case may be) Northern Ireland.
such prohibitions, restrictions or requirements; and
such other terms;
The powers of the court in respect of an order under this section are subject to sections 6 to 15 (safeguards).
In this Part—
an order under this section; or
an order under section 19 (corresponding order of the Crown Court on conviction).
For the purposes of this Part references to the person who is the subject of a serious crime prevention order are references to the person against whom the public are to be protected.
For the purposes of this Part, a person has been involved in serious crime in England and Wales if he—
has committed a serious offence in England and Wales;
has facilitated the commission by another person of a serious offence in England and Wales; or
has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in England and Wales (whether or not such an offence was committed).
In this Part “a serious offence in England and Wales” means an offence under the law of England and Wales which, at the time when the court is considering the application or matter in question—
is specified, or falls within a description specified, in Part 1 of Schedule 1; or
is one which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it were so specified.
For the purposes of this Part, involvement in serious crime in England and Wales is any one or more of the following—
the commission of a serious offence in England and Wales;
conduct which facilitates the commission by another person of a serious offence in England and Wales;
conduct which is likely to facilitate the commission, by the person whose conduct it is or another person, of a serious offence in England and Wales (whether or not such an offence is committed).
For the purposes of section 1(1)(a), a person has been involved in serious crime elsewhere than in England and Wales if he—
has committed a serious offence in a country outside England and Wales;
has facilitated the commission by another person of a serious offence in a country outside England and Wales; or
has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in a country outside England and Wales (whether or not such an offence was committed).
In subsection (4) “a serious offence in a country outside England and Wales” means an offence under the law of a country outside England and Wales which, at the time when the court is considering the application or matter in question—
would be an offence under the law of England and Wales if committed in or as regards England and Wales; and
either—
would be an offence which is specified, or falls within a description specified, in Part 1 of Schedule 1 if committed in or as regards England and Wales; or
is conduct which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it meets the test in sub-paragraph (i).
The test in subsection (4) is to be used instead of the tests in sections 2A(1) and 3(1) in deciding for the purposes of section 1(1)(a) whether a person has been involved in serious crime inScotland or (as the case may be) Northern Ireland.
An act punishable under the law of a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (5), however it is described in that law.
For the purposes of this Part, a person has been involved in serious crime in Northern Ireland if he—
has committed a serious offence in Northern Ireland;
has facilitated the commission by another person of a serious offence in Northern Ireland; or
has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in Northern Ireland (whether or not such an offence was committed).
In this Part “a serious offence in Northern Ireland” means an offence under the law of Northern Ireland which, at the time when the court is considering the application or matter in question—
is specified, or falls within a description specified, in Part 2 of Schedule 1; or
is one which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it were so specified.
For the purposes of this Part, involvement in serious crime in Northern Ireland is any one or more of the following—
the commission of a serious offence in Northern Ireland;
conduct which facilitates the commission by another person of a serious offence in Northern Ireland;
conduct which is likely to facilitate the commission, by the person whose conduct it is or another person, of a serious offence in Northern Ireland (whether or not such an offence is committed).
For the purposes of section 1(2)(a), a person has been involved in serious crime elsewhere than in Northern Ireland if he—
has committed a serious offence in a country outside Northern Ireland;
has facilitated the commission by another person of a serious offence in a country outside Northern Ireland; or
has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in a country outside Northern Ireland (whether or not such an offence was committed).
In subsection (4) “a serious offence in a country outside Northern Ireland” means an offence under the law of a country outside Northern Ireland which, at the time when the court is considering the application or matter in question—
would be an offence under the law of Northern Ireland if committed in or as regards Northern Ireland; and
either—
would be an offence which is specified, or falls within a description specified, in Part 2 of Schedule 1 if committed in or as regards Northern Ireland; or
is conduct which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it meets the test in sub-paragraph (i).
The test in subsection (4) is to be used instead of the tests in sections 2(1) and 2A(1) in deciding for the purposes of section 1(2)(a) whether a person has been involved in serious crime in England and Walesor (as the case may be) Scotland.
An act punishable under the law of a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (5), however it is described in that law.
For the purposes of this Part, a person has been involved in serious crime in Scotland if he—
has committed a serious offence in Scotland;
has facilitated the commission by another person of a serious offence in Scotland; or
has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in Scotland (whether or not such an offence was committed).
In this Part “a serious offence in Scotland” means an offence under the law of Scotland which, at the time when the court is considering the application or matter in question—
is specified, or falls within a description specified, in Part 1A of Schedule 1; or
is one which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it were so specified.
For the purposes of this Part, involvement in serious crime in Scotland is any one or more of the following—
the commission of a serious offence in Scotland;
conduct which facilitates the commission by another person of a serious offence in Scotland;
conduct which is likely to facilitate the commission, by the person whose conduct it is or another person, of a serious offence in Scotland (whether or not such an offence is committed).
For the purposes of section 1(1A)(a), a person has been involved in serious crime elsewhere than in Scotland if he—
has committed a serious offence in a country outside Scotland;
has facilitated the commission by another person of a serious offence in a country outside Scotland; or
has conducted himself in a way that was likely to facilitate the commission by himself or another person of a serious offence in a country outside Scotland (whether or not such an offence was committed).
In subsection (4) “ a serious offence in a country outside Scotland ” means an offence under the law of a country outside Scotland which, at the time when the court is considering the application or matter in question—
would be an offence under the law of Scotland if committed in or as regards Scotland; and
either—
would be an offence which is specified, or falls within a description specified, in Part 1A of Schedule 1 if committed in or as regards Scotland; or
is conduct which, in the particular circumstances of the case, the court considers to be sufficiently serious to be treated for the purposes of the application or matter as if it meets the test in sub-paragraph (i).
The test in subsection (4) is to be used instead of the tests in sections 2(1) and 3(1) in deciding for the purposes of section 1(1A)(a) whether a person has been involved in serious crime in England and Wales or (as the case may be) Northern Ireland.
An act punishable under the law of a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (5), however it is described in that law.
In considering for the purposes of this Part whether a person has committed a serious offence—
the court must decide that the person has committed the offence if—
he has been convicted of the offence; and
the conviction has not been quashed on appeal nor has the person been pardoned of the offence; but
the court must not otherwise decide that the person has committed the offence.
In deciding for the purposes of this Part whether a person (“the respondent”) facilitates the commission by another person of a serious offence, the court must ignore—
any act that the respondent can show to be reasonable in the circumstances; and
subject to this, his intentions, or any other aspect of his mental state, at the time.
In deciding for the purposes of this Part whether a person (“the respondent”) conducts himself in a way that is likely to facilitate the commission by himself or another person of a serious offence (whether or not such an offence is committed), the court must ignore—
any act that the respondent can show to be reasonable in the circumstances; and
subject to this, his intentions, or any other aspect of his mental state, at the time.
The Secretary of State may by order amend Part 1 of Schedule 1.
The Scottish Ministers may by order amend Part 1A of Schedule 1.
The Scottish Ministers may not exercise the power conferred by subsection (4A) in relation to an offence which relates to a reserved matter (within the meaning of the Scotland Act 1998) without the consent of the Secretary of State.
The Department of Justice in Northern Ireland may by order amend Part 2 of Schedule 1.
This section contains examples of the type of provision that may be made by a serious crime prevention order but it does not limit the type of provision that may be made by such an order.
Examples of prohibitions, restrictions or requirements that may be imposed by serious crime prevention orders in England and Wales, Scotland or Northern Ireland include prohibitions, restrictions or requirements in relation to places other than England and Wales, Scotland or (as the case may be) Northern Ireland.
Examples of prohibitions, restrictions or requirements that may be imposed on individuals (including partners in a partnership) by serious crime prevention orders include prohibitions or restrictions on, or requirements in relation to—
an individual's financial, property or business dealings or holdings;
an individual's working arrangements;
the means by which an individual communicates or associates with others, or the persons with whom he communicates or associates;
the premises to which an individual has access;
the use of any premises or item by an individual;
an individual's travel (whether within the United Kingdom, between the United Kingdom and other places or otherwise).
Examples of prohibitions, restrictions or requirements that may be imposed on bodies corporate, partnerships and unincorporated associations by serious crime prevention orders include prohibitions or restrictions on, or requirements in relation to—
financial, property or business dealings or holdings of such persons;
the types of agreements to which such persons may be a party;
the provision of goods or services by such persons;
the premises to which such persons have access;
the use of any premises or item by such persons;
the employment of staff by such persons.
Examples of requirements that may be imposed on any persons by serious crime prevention orders include—
a requirement on a person to answer questions, or provide information, specified or described in an order— notified to the person by a law enforcement officer specified or described in the order;
at a time, within a period or at a frequency;
at a place;
in a form and manner; and
to a law enforcement officer or description of law enforcement officer;
a requirement on a person to produce documents specified or described in an order— notified to the person by a law enforcement officer specified or described in the order.
at a time, within a period or at a frequency;
at a place;
in a manner; and
to a law enforcement officer or description of law enforcement officer;
The prohibitions, restrictions or requirements that may be imposed on individuals by serious crime prevention orders include prohibitions, restrictions or requirements in relation to an individual's private dwelling (including, for example, prohibitions or restrictions on, or requirements in relation to, where an individual may reside).
In this Part—
“the specifying order”, in relation to a specified public authority, means the order specifying the authority for the purposes of this section.
Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) is amended as follows. Omit the entry for “The Director of the Assets Recovery Agency.”. After the entry for “Sentencing Guidelines Council” insert “The Serious Organised Crime Agency.”. Omit the paragraph in the Notes headed “Assets Recovery Agency”. Serious Organised Crime Agency In the case of the Serious Organised Crime Agency, an investigation may be conducted only in respect of the exercise of functions vested in it by virtue of a notice served on the Commissioners for Her Majesty’s Revenue and Customs under section 317(2), 321(2) or 322(2) of the Proceeds of Crime Act 2002 (c. 29) (Revenue functions).
Section 27A of the Limitation Act 1980 (actions for recovery of property obtained through unlawful conduct etc.) is amended as follows. In subsection (2) for “Director's” substitute “relevant person's”. In subsection (4) for “Director's” substitute “relevant person's”. After subsection (7) insert—
In section 31A(1)(b) of the Bankruptcy (Scotland) Act 1985 (property subject to restraint order)—
omit “52,”; and
for “, 198 or 200” substitute “or 198”.
Article 72A of the Limitation (Northern Ireland) Order 1989 (actions for recovery of property obtained through unlawful conduct etc.) is amended as follows. In paragraph (2) for “Director's” substitute “relevant person's”. In paragraph (4) for “Director's” substitute “relevant person's”. After paragraph (7) insert—
Section 27 of the Police (Northern Ireland) Act 1998 (members of the Police Service of Northern Ireland engaged on other police service) is amended as follows. In subsection (1) omit paragraph (ca). In subsection (5)(b) omit “(ca),”. In subsection (7) omit “(ca),”.
After section 10(8) of the Police Reform Act 2002 (general functions of the Independent Police Complaints Commission) insert—
After section 60ZA(6) of that Act (SOCA) insert—
After section 26A(4) of that Act (SOCA) insert—
After section 26B(4) of that Act (National Policing Improvement Agency) insert—
“specified anti-fraud organisation” means any person which is a specified anti-fraud organisation for the purposes of section 68;
“modifications” includes additions and omissions (and “modify” is to be read accordingly);
The functions of the Director of Public Prosecutions under this Part are—
to have the conduct of applications for serious crime prevention orders in England and Wales or for their variation or discharge;
to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in England and Wales;
to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders (whether proceedings on appeal, by virtue of section 27 or otherwise);
to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders; and
to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).
In the application of section 70(1)(a)— the reference to 12 months is to be read as a reference to 6 months.
in England and Wales, in relation to an offence committed before the commencement of section 282(1) of the Criminal Justice Act 2003 (increase in sentencing powers of magistrates' court from 6 to 12 months for certain offences triable either way); and
in Scotland, until the commencement of section 45(1) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) (increase in sentencing powers from 6 to 12 months);
The Director may, to such extent as he may decide, delegate the exercise of his functions under this Part to a Crown Prosecutor. References in this Part to the Director are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Director or any Crown Prosecutor.
The functions of the Director under this Part are exercisable under the superintendence of the Attorney General.
The Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (c. 23) (guidelines for Crown Prosecutors) may include guidance by the Director on general principles to be applied by Crown Prosecutors in determining in any case— Section 10(2) and (3) of that Act (power to make alterations in the Code and duty to set out alterations in Director's report) are to be read accordingly.
Section 14 of that Act (power of Attorney General to make regulations about fees of legal representatives and costs and expenses of witnesses) applies in relation to proceedings in connection with serious crime prevention orders and attendance for the purposes of such cases as it applies in relation to criminal proceedings and attendance for the purposes of such cases.
has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations); and
An offence under section 25 or 25A of the Immigration Act 1971 (c. 77) (assisting unlawful immigration etc.). An offence under any of sections 57 to 59A of the Sexual Offences Act 2003 (c. 42) (trafficking for sexual exploitation). An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (trafficking people for exploitation). An offence under section 2 of the Modern Slavery Act 2015.
An offence under section 8(1) of the Theft Act 1968 (c. 60) (robbery) where the use or threat of force involves a firearm, an imitation firearm or an offensive weapon. An offence at common law of an assault with intent to rob where the assault involves a firearm, imitation firearm or an offensive weapon. In this paragraph—
An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty etc.) so far as not falling within paragraph 1(2)(c) or 3(1)(b) above. An offence under section 72 of the Value Added Tax Act 1994 (c. 23) (fraudulent evasion of VAT etc.). An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax). An offence under section 35 of the Tax Credits Act 2002 (c. 21) (tax credit fraud). An offence at common law of cheating in relation to the public revenue. An offence under section 45 or 46 of the Criminal Finances Act 2017 (failure to prevent the facilitation of UK tax evasion offences or foreign tax evasion offences).
An offence under section 21 of the Theft Act 1968 (c. 60) (blackmail). An offence under section 12(1) or (2) of the Gangmasters (Licensing) Act 2004 (c. 11) (acting as a gangmaster other than under the authority of a licence, possession of false documents, etc.).
An offence of attempting or conspiring the commission of an offence specified or described in this Part of this Schedule. An offence under Part 2 of this Act (encouraging or assisting) where the offence (or one of the offences) which the person in question intends or believes would be committed is an offence specified or described in this Part of this Schedule. An offence of aiding, abetting, counselling or procuring the commission of an offence specified or described in this Part of this Schedule. The references in sub-paragraphs (1) to (3) to offences specified or described in this Part of this Schedule do not include the offence at common law of conspiracy to defraud.
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to have the conduct of applications for serious crime prevention orders in England and Wales or for their variation or discharge;
to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in England and Wales;
to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders (whether proceedings on appeal, by virtue of section 27 or otherwise);
to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders; and
to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).
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An offence under section 52(2)(a) of the Criminal Justice Act 1993 (encouraging insider dealing).
An offence under section 1(2) of the Terrorism Act 2006 (encouraging terrorism).
A transfer scheme may contain— The provision which may be made under sub-paragraph (1)(a) includes provision as to the consequences of the termination of a person’s appointment or employment by or by virtue of the scheme. The provision mentioned in this sub-paragraph is provision—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An offence under section 2(1) of that Act (disseminating terrorist publications).
Before making a transfer scheme which contains any provision relating to the Director or the members of staff of the Agency, the Secretary of State must consult such bodies appearing to represent the interests of the persons concerned as he considers appropriate.
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An offence under section 5 of that Act (engaging in conduct in preparation for giving effect to intention to commit or assisting another to commit acts of terrorism).
A transfer scheme is not an order of the Secretary of State for the purposes of section 89.
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An offence under section 6(1) of that Act (provision of instruction or training knowing that a person trained or instructed intends to use the skills obtained for or in connection with the commission of acts of terrorism or for assisting the commission or preparation of such acts by others).
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An offence under section 6(2) of that Act as a result of paragraph (b)(ii) of that subsection (receipt of instruction or training intending to use the skills obtained for assisting the commission or preparation of acts of terrorism by others).
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“specified anti-fraud organisation” means any person which is a specified anti-fraud organisation for the purposes of section 68.
An offence under any of the following provisions of the Firearms Act 1968— An offence under either of the following provisions of the Customs and Excise Management Act 1979 if it is committed in connection with a firearm or ammunition— In sub-paragraph (2) “ firearm ” and “ ammunition ” have the same meanings as in section 57 of the Firearms Act 1968.
An offence under any of the following provisions of the Proceeds of Crime Act 2002 (c. 29)—
section 327 (concealing etc. criminal property);
section 328 (facilitating the acquisition etc. of criminal property by or on behalf of another);
section 329 (acquisition, use and possession of criminal property).
An offence under any of the following provisions of the Bribery Act 2010—
section 1 (offences of bribing another person);
section 2 (offences relating to being bribed);
section 6 (bribery of foreign public officials).
An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c. 48)— An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (c. 26) (unauthorised use of trade mark etc.).
This Part of this Schedule (apart from paragraph 14(2)) has effect, in its application to conduct before the passing of this Act, as if the offences specified or described in this Part included any corresponding offences under the law in force at the time of the conduct. Paragraph 14(2) has effect, in its application to conduct before the passing of this Act or before the coming into force of section 59 of this Act, as if the offence specified or described in that provision were an offence of inciting the commission of an offence specified or described in this Part of this Schedule.
The functions of the Director of the Serious Fraud Office under this Part are—
to have the conduct of applications for serious crime prevention orders in England and Wales or for their variation or discharge;
to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in England and Wales;
to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders (whether proceedings on appeal, by virtue of section 27 or otherwise);
to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders; and
to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).
In section 114 of the Powers of Criminal Courts (Sentencing) Act 2000 (offences under service law), in subsection (3) for “incitement” substitute “encouragement and assistance”.
In Part 1 of Schedule 7 to the Gambling Act 2005 (relevant offences), in paragraph 22A for “incitement” substitute “encouragement and assistance”.
The Magistrates' Courts Act 1980 is amended as follows. In section 32(1) (penalties for offences triable either way as a result of Schedule 1 to that Act) omit paragraph (b). Omit section 45. In Schedule 1 (offences triable either way) omit paragraph 35.
The Public Order Act 1986 is amended as follows. In each of the provisions mentioned in sub-paragraph (3) omit the words from “notwithstanding” to the end. The provisions are—
The International Criminal Court Act 2001 is amended as follows. In section 55 (meaning of ancillary offence: England and Wales) omit subsection (3). In section 62 (meaning of ancillary offence: Northern Ireland) omit subsection (3).
The Serious Organised Crime and Police Act 2005 is amended as follows. In section 136 (penalties in relation to demonstrations in the vicinity of Parliament) for subsection (4) substitute— section 136(4) 3 months section 136(4A) 3 months
In section 40(2)(ca)(iv) of the Commissioners for Revenue and Customs Act 2005 (c. 11) (confidentiality) (as inserted by Schedule 8) after “Customs” insert “, an accredited financial investigator”.
The Director may, to such extent as he may decide, delegate the exercise of his functions under this Part to a member of the Serious Fraud Office designated under section 1(7) of the Criminal Justice Act 1987 (c. 38). References in this Part to the Director are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1) above, as references to the Director or any member of the Serious Fraud Office so designated.
In section 33(2)(cd) of the Serious Organised Crime and Police Act 2005 (c. 15) (disclosure of information by SOCA) (as inserted by Schedule 8) after “Customs” insert “, an accredited financial investigator”.
The functions of the Director under this Part are exercisable under the superintendence of the Attorney General.
Paragraph 8 of Schedule 1 to the Criminal Justice Act 1987 (power of Attorney General to make regulations about fees of counsel and costs and expenses of witnesses) applies in relation to proceedings in connection with serious crime prevention orders and attendance for the purposes of such cases as it applies in relation to criminal proceedings and attendance for the purposes of such cases.
“Revenue and Customs” means—
“specified” means specified in an order made by the Treasury; and
An offence under section 13 of the Greater London Council (General Powers) Act 1973 (assaults etc. on officers) consisting in the aiding or inciting of any person to assault, resist or obstruct an officer of the Thames Water Authority duly exercising or performing any power or duty under a section or byelaw mentioned in that section.
An offence under section 1(1) of the Criminal Attempts Act 1981 (attempting to commit an offence).
An offence under section 8(8) of the Public Processions (Northern Ireland) Act 1998 (inciting commission of offences under section 8(7) of that Act).
A transfer scheme may provide for the transfer to SOCA or NPIA of property, rights and liabilities of the Director or the Agency. The scheme may create rights, or impose liabilities, in relation to property, rights and liabilities transferred by virtue of the scheme. The scheme may provide for things done by or in relation to persons to whom sub-paragraph (4) applies to be— This sub-paragraph applies to— The scheme may, in particular, make provision about the continuation of legal proceedings.
In section 18(2)(f) of the Civil Jurisdiction and Judgments Act 1982 (c. 27)—
after “a civil recovery investigation” insert “or a detained cash investigation”; and
for “meaning” substitute “meanings”.
the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order or an interim serious crime prevention order made on an application by a person of the same description, and
“information” and “public authority” have the same meaning as in section 68;
An offence under either of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a firearm or ammunition— An offence under any of the following provisions of the Firearms (Northern Ireland) Order 2004 ( S.I. 2004/702 (N.I. 3))— In this paragraph “firearm” and “ammunition” have the same meanings as in Article 2(2) of the Firearms (Northern Ireland) Order 2004.
An offence under any of the following provisions of the Proceeds of Crime Act 2002 (c. 29)—
section 327 (concealing etc. criminal property);
section 328 (facilitating the acquisition etc. of criminal property by or on behalf of another);
section 329 (acquisition, use and possession of criminal property).
An offence under any of the following provisions of the Bribery Act 2010—
section 1 (offences of bribing another person);
section 2 (offences relating to being bribed);
section 6 (bribery of foreign public officials).
An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c. 48)— An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (c. 26) (unauthorised use of trade mark etc.).
This Part of this Schedule (apart from paragraph 30(2)) has effect, in its application to conduct before the passing of this Act, as if the offences specified or described in this Part included any corresponding offences under the law in force at the time of the conduct. Paragraph 30(2) has effect, in its application to conduct before the passing of this Act or before the coming into force of section 59 of this Act, as if the offence specified or described in that provision were an offence of inciting the commission of an offence specified or described in this Part of this Schedule.
An offence under section 60 of the Terrorism Act 2000 (inciting in Northern Ireland the commission of acts of terrorism outside the United Kingdom).
Section 31 of the Criminal Appeal (Northern Ireland) Act 1980 (right of appeal to House of Lords) is amended as follows. Omit subsection (1A). In subsection (3) omit “, subject to subsection (1A) above,”.
In section 3(2) of the Prosecution of Offences Act 1985 (functions of the Director of Public Prosecutions), after paragraph (fe), insert—.
After section 1(6) of the Criminal Justice Act 1987 (functions of the Director of the Serious Fraud Office) insert—
Section 97 of the Police Act 1996 (police officers engaged on service outside their force) is amended as follows. In subsection (1) omit paragraph (ce). In subsection (6)(a) omit “(ce),”. In subsection (8) omit “(ce),”.
Paragraph 3 of Schedule 2 to the Access to Justice Act 1999 (advocacy in Crown Court proceedings under the Proceeds of Crime Act 2002 (c. 29) which may be funded as part of the Community Legal Service) is amended as follows. In sub-paragraph (1)(b) omit “or 56(3)”. In sub-paragraph (1)(d) for “to 53” substitute “to 51”.
In section 21(1)(b) of the Commissioners for Revenue and Customs Act 2005 (disclosure to prosecuting authority)—
omit “or” at the end of sub-paragraph (i); and
after sub-paragraph (ii) insert, or
Schedule 1 to the Police and Justice Act 2006 (National Policing Improvement Agency) is amended as follows. In paragraph 1 (the objects of the Agency)— This paragraph does not apply to any exercise of the Agency’s power under paragraph 2(1) which is for the purposes of attaining the object mentioned in paragraph 1(ea) (accreditation and training of financial investigators). Before determining strategic priorities for the Agency in relation to its functions under section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and training of financial investigators), the Secretary of State must (in addition to those required above) consult such other persons as the Secretary of State considers appropriate. In paragraph 35 (payments by Agency to police authorities) after “objects” insert “(other than the object mentioned in paragraph 1(ea): accreditation and training of financial investigators)”.
After section 35(4) of that Act (functions of the Director of Revenue and Customs Prosecutions) insert—
In section 37(1) of that Act (prosecutors) after “section 35” insert “(excluding any function mentioned in subsection (4A) of that section)”.
Section 40 of that Act (confidentiality) is amended as follows. In subsection (2) (exceptions to confidentiality restrictions), after paragraph (c), insert—. After subsection (10) insert—
In section 41(1) of that Act (disclosure of information to Director of Revenue and Customs Prosecutions) after “prosecution” insert “or for the purpose of the exercise by the Director of his functions under the Proceeds of Crime Act 2002 (c. 29)”.
“officer of an unincorporated association” means any officer of an unincorporated association or any member of its governing body; and
An offence under section 9A(8) of that Act (inciting commission of offences under section 9A of that Act).
A transfer scheme may provide for SOCA or NPIA to make any payment which—
before a day specified in the scheme could have been made by the Director or a member of staff of the Agency; but
is not a liability which can be transferred by virtue of paragraph 7.
In section 64(3)(aa) of the Criminal Justice and Police Act 2001 (c. 16) after “a civil recovery investigation” insert “or a detained cash investigation”.
the person considers that it would be in the public interest for the company, partnership or (as the case may be) relevant body to be wound up.
In Schedule 2 to the Commissioners for Revenue and Customs Act 2005 (c. 11) (functions of Commissioners and officers: restrictions etc.), after paragraph 13, insert—
an order under section 19 (corresponding order of the Crown Court on conviction); or
An offence under section 25 or 25A of the Immigration Act 1971 (c. 77) (assisting unlawful immigration etc.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An offence under section1 or 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015
An offence under section 8(1) of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) (robbery) where the use or threat of force involves a firearm, an imitation firearm or an offensive weapon. An offence at common law of an assault with intent to rob where the assault involves a firearm, imitation firearm or an offensive weapon. In this paragraph— “firearm” and “imitation firearm” have the meaning given by Article 2(2) of the Firearms (Northern Ireland) Order 2004; “offensive weapon” means any weapon to which section 141 of the Criminal Justice Act 1988 (c. 33) (offensive weapons) applies.
An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty etc.) so far as not falling within paragraph 17(2)(c) or 19(1)(b) above. An offence under section 72 of the Value Added Tax Act 1994 (c. 23) (fraudulent evasion of VAT etc.). An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax). An offence under section 35 of the Tax Credits Act 2002 (c. 21) (tax credit fraud). An offence at common law of cheating in relation to the public revenue. An offence under section 45 or 46 of the Criminal Finances Act 2017 (failure to prevent the facilitation of UK tax evasion offences or foreign tax evasion offences).
An offence under section 20 of the Theft Act (Northern Ireland) 1969 (c. 16) (blackmail). An offence under section 12(1) or (2) of the Gangmasters (Licensing) Act 2004 (c. 11) (acting as a gangmaster other than under the authority of a licence, possession of false documents, etc.).
An offence of attempting or conspiring the commission of an offence specified or described in this Part of this Schedule. An offence under Part 2 of this Act (encouraging or assisting) where the offence (or one of the offences) which the person in question intends or believes would be committed is an offence specified or described in this Part of this Schedule. An offence of aiding, abetting, counselling or procuring the commission of an offence specified or described in this Part of this Schedule. The references in sub-paragraphs (1) to (3) to offences specified or described in this Part of this Schedule do not include the offence at common law of conspiracy to defraud.
An offence under section 1(2) of the Public Meeting Act 1908 (inciting others to commit offences under that section).
An offence under section 4(1) of the Criminal Law Act 1967 (assisting persons who have committed an offence).
An offence under section 1(1) of the Criminal Law Act 1977 (conspiracy).
Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 (c. 29) (recovery of cash in summary proceedings) is amended in accordance with paragraphs 2 to 13.
The Regulation of Investigatory Powers Act 2000 is amended as follows.
An offence under section 5(1) of that Act (accepting or agreeing to accept consideration for not disclosing information about an offence).
Section 289 (powers to search for cash) is amended as follows. In subsection (1)— In subsection (2) for “or constable” substitute “, a constable or an accredited financial investigator”. In subsections (3) and (4) for “or constable” substitute “, constable or accredited financial investigator”. In subsection (5), after paragraph (b), insert—
In section 6(2)(h) (application for issue of interception warrant) for “the Commissioners of Customs and Excise” substitute “the Commissioners for Her Majesty’s Revenue and Customs”.
Section 290 (prior approval by senior officer) is amended as follows. In subsection (4), after paragraph (b), insert— In subsection (6) for “or constable” substitute “, constable or accredited financial investigator”.
In section 21(5)(c) (acquisition of data, &c.) for “customs officers).” substitute “officers of Revenue and Customs).”
In section 291(2) (report on exercise of powers) for “or constable” substitute “, constable or accredited financial investigator”.
In the definition of “relevant public authority” in section 25(1) (communications data: interpretation) for paragraphs (d) and (e) substitute—.
Section 292 (code of practice) is amended as follows. In subsection (1) after “constables” insert “and accredited financial investigators”. In subsection (6) for “or constable” substitute “, a constable or an accredited financial investigator”.
In section 27(4)(c) (lawful surveillance, &c.) for “customs officers).” substitute “officers of Revenue and Customs).”
Section 294 (seizure of cash) is amended as follows. In subsections (1) and (2) for “or constable” substitute “, a constable or an accredited financial investigator”. After subsection (3) insert—
For section 32(6)(m) (authorisation of intrusive surveillance) substitute—.
Section 295 (detention of seized cash) is amended as follows. In subsection (1) for “or constable” substitute “, constable or accredited financial investigator”. In subsection (4)(a) for “or a constable” substitute “, a constable or an accredited financial investigator”.
In section 33 (surveillance: authorisation)— (and in the italic cross-heading before section 33 for “customs” substitute “Revenue and Customs”).
for subsection (2) substitute—;
for subsection (4) substitute—; and
in subsection (5)(a) for “a customs officer” substitute “an officer of Revenue and Customs”;
In section 296(2) (release of part of cash seized) for “or constable” substitute “, constable or accredited financial investigator”.
In section 34 (grant of authorisation in senior officer’s absence)—
in subsection (1) for “a customs officer;” substitute “an officer of Revenue and Customs;”;
in subsection (2)(a) for “the Commissioners of Customs and Excise,” substitute “the Commissioners for Her Majesty’s Revenue and Customs,”; and
in subsection (4)(l)—
for “the Commissioners of Customs and Excise,” substitute “the Commissioners for Her Majesty’s Revenue and Customs, and
after “if he is” insert “a senior official”.
In section 297(4) (release of detained cash) after “constable” insert “or accredited financial investigator”.
In section 35 (intrusive surveillance authorisation: notification)—
in subsection (1) for “customs” substitute “Revenue and Customs”;
in subsection (10) for “customs” substitute “Revenue and Customs”; and
in subsection (10)(b) for “the Commissioners of Customs and Excise;” substitute “the Commissioners for Her Majesty’s Revenue and Customs;”.
In section 298(1)(a) (power to apply for forfeiture) before “or” insert “, an accredited financial investigator”.
In section 36 (approval required for authorisation of intrusive surveillance to take effect)—
for subsection (1)(d) substitute—; and
for subsection (6)(g) substitute—.
After section 302(7) insert—
For section 37(1)(d) (quashing authorisations) substitute— (and in the heading to that section for “customs” substitute “Revenue and Customs”).
Section 302A (powers for prosecutors to appear in proceedings) (as inserted by section 84(1) above) is amended as follows. In subsection (1)— After subsection (3) insert—
For section 40(d) (information) substitute—.
After section 303 insert—
In section 46(3) (Scotland: restrictions) for paragraph (e) substitute—.
In section 48(3)(c)(ii) (interpretation) for “customs officers).” substitute “officers of Revenue and Customs).”
In section 49(1)(e) (encrypted data: disclosure: permission) for “the customs and excise” substitute (in each place) “Her Majesty’s Revenue and Customs”.
In section 51 (cases where key required)—
for “the customs and excise” (in each place) substitute “Her Majesty’s Revenue and Customs”; and
for “the Commissioners of Customs and Excise” (in each place) substitute “the Commissioners for Her Majesty’s Revenue and Customs”.
In section 54(3) (secrecy) for “the customs and excise” substitute (in each place) “Her Majesty’s Revenue and Customs”.
For section 55(1)(c) (general duty in relation to encrypted data) substitute—.
In section 56(1) (interpretation) omit the definition of “the customs and excise”.
For section 65(6)(f) (the Tribunal) substitute—.
In section 71(2)(c) (codes of practice) for “customs and excise” substitute “Her Majesty’s Revenue and Customs”.
In section 76A(11) (foreign surveillance operations) for paragraph (d) of the definition of “United Kingdom officer” substitute—
In section 81(1) (interpretation) omit the definition of “customs officer”.
In Schedule 1 (surveillance authorisation: relevant authorities) for paragraphs 7 and 8 substitute—
In paragraphs 2(3) and (5), 4(2) and 5(3)(b) of Schedule 2 (encrypted data: disclosure: permission) for “customs and excise” or “the customs and excise” (in each place) substitute “Her Majesty’s Revenue and Customs”. In paragraph 6(4) of that Schedule—
An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)— An offence under any of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971— An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990 (c. 5)—
An offence under section 13(1) of the Criminal Law Amendment Act 1885 (c. 69) (keeping a brothel used for prostitution). An offence under any of the following provisions of the Sexual Offences Act 2003—
An offence under section 17 of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) (false accounting). An offence under any of the following provisions of the Fraud Act 2006 (c. 35)— An offence under section 199 of the Economic Crime and Corporate Transparency Act 2023 (failure to prevent fraud offences). An offence at common law of conspiracy to defraud.
An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981 (c. 45)—
section 14 (making counterfeit notes or coins);
section 15 (passing etc. counterfeit notes or coins);
section 16 (having custody or control of counterfeit notes or coins);
section 17 (making or having custody or control of counterfeiting materials or implements).
An offence under section 62 or 63 of the Fisheries Act (Northern Ireland) 1966 (c. 17 (N.I.)) (prohibition of certain methods of fishing). An offence under Article 15 of the Wildlife (Northern Ireland) Order 1985 (S.I. 1985/171 (N.I.2)) (introduction of new species, etc.). An offence under Article 4 of the Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I.19)) (prohibition on unauthorised or harmful deposit, treatment or disposal, etc. of waste). An offence under paragraph 1(2) of Schedule 1 to the Control of Trade in Endangered Species Regulations 2018 (S.I. 2018/703). An offence under paragraph 2 of that Schedule which consists of the conduct specified in the table in that paragraph as the subject matter of Article 16(1)(c) or (d) of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein.
Where this Part of this Schedule refers to offences which are offences under the law of Northern Ireland and another country, the reference is to be read as limited to the offences so far as they are offences under the law of Northern Ireland.
The functions of the Director of Public Prosecutions for Northern Ireland under this Part are—
to have the conduct of applications for serious crime prevention orders in Northern Ireland or for their variation or discharge;
to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in Northern Ireland;
to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders (whether proceedings on appeal, by virtue of section 28 or otherwise);
to give advice in connection with any proceedings or possible proceedings about serious crime prevention orders; and
to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).
An offence under section 39(1) of the Prison Act 1952 (assisting a prisoner to escape).
An offence under section 21(6) of the Greater London Council (General Powers) Act 1974 (assaults etc. on officers of a borough council) consisting in the aiding or inciting of any person to assault, resist or obstruct an officer of a borough council duly exercising or performing any power or duty under section 21 of that Act.
An offence under section 12(6) of the Public Order Act 1986 (inciting commission of offences under section 12(5) of that Act).
An offence under Article 12(2) of the Perjury (Northern Ireland) Order 1979 (inciting a person to commit an offence under that Order).
In deciding for the purposes of paragraph (a) of section 1(1) or (2) whether a person has been involved in serious crime, the court may take account of conduct before the coming into force of that provision as well as conduct after the coming into force of that provision.
In relation to an offence committed before the commencement of section 282(1) of the Criminal Justice Act 2003 (c. 44) (increase in sentencing powers of magistrates' court from 6 to 12 months for certain offences triable either way), the reference to 12 months in each of the following provisions is to be read as a reference to 6 months—
section 32D(8)(b) of the Audit Commission Act 1998 (c. 18) (as inserted by paragraph 2 of Schedule 7 to this Act);
section 64D(8)(b) of the Public Audit (Wales) Act 2004 (c. 23) (as inserted by paragraph 4 of that Schedule).
the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a police-initiated serious crime prevention order; and
has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations); and
References in this Part to the Director are to be read, so far as necessary for the purposes of functions delegated by him to Public Prosecutors, as references to the Director or any Public Prosecutor.
An offence under section 13(9) of that Act (inciting commission of offences under section 13(8) of that Act).
Section 19, 20 or 21 does not apply to a person who is being dealt with on or after the coming into force of the section in relation to an offence of which the person was convicted before the coming into force of the section. Sub-paragraph (1) does not prevent an application to the High Court for a serious crime prevention order in connection with the offence concerned.
the chief officer of police concerned considers that it would be in the public interest for the company, partnership or (as the case may be) relevant body to be wound up.
The Code for Public Prosecutors issued under section 37 of the Justice (Northern Ireland) Act 2002 (c. 26) (guidelines for Public Prosecutors) may include guidance by the Director on general principles to be applied by Public Prosecutors in determining in any case— Sections 37(4) and 39(2) of that Act (power to make alterations in the Code and duty to set out alterations in Director's report) are to be read accordingly.
An offence under section 14(6) of that Act (inciting commission of offences under section 14(5) of that Act).
In the application of section 23(2) or 24(5) before the commencement of paragraph 1(1) of Part 1 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4) (citation of acts and rules), the reference to the Senior Courts Act 1981 (c. 54) is to be read as a reference to the Supreme Court Act 1981 (c. 54).
Sections 75(1) and (2) and 76(1) of, and Schedule 9 to, the Northern Ireland Act 1998 (c. 47) (duties of public authorities) do not apply to the functions of the Director of Public Prosecutions for Northern Ireland under this Part.
An offence under section 14B(3) of that Act (inciting commission of offences under section 14B(2) of that Act).
In the application of section 25(2)(a)— the reference to 12 months is to be read as a reference to 6 months.
in England and Wales, in relation to an offence committed before the commencement of section 282(1) of the Criminal Justice Act 2003 (c. 44) (increase in sentencing powers of magistrates' court from 6 to 12 months for certain offences triable either way); and
in Scotland, until the commencement of section 45(1) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) (increase in sentencing powers from 6 to 12 months);
Section 1 of the Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10 (N.I.)) (expenses of prosecution) applies in relation to proceedings in connection with serious crime prevention orders and attendance for the purposes of such cases as it applies in relation to criminal proceedings and attendance for the purposes of such cases.
Any reference in this Part to the production of documents is, in the case of a document which contains information recorded otherwise than in legible form, a reference to the production of a copy of the information in legible form.
This section applies where information is provided to a law enforcement officer in response to an information requirement imposed by a serious crime prevention order. “ Information requirement ” means a requirement of the kind referred to in section 5(5)(a) or (b).
The law enforcement officer may, for the purpose of— disclose the information to any person who the officer reasonably believes may be able to contribute to doing either of those things.
checking the accuracy of the information, or
discovering the true position,
Any other person may disclose information to— for the purpose of contributing to doing either of the things mentioned in subsection (2)(a) and (b).
the law enforcement officer, or
a person to whom the law enforcement officer has disclosed information under subsection (2),
The law enforcement officer may also disclose the information referred to in subsection (1) for the purposes of—
the prevention, detection, investigation or prosecution of criminal offences, whether in the United Kingdom or elsewhere, or
the prevention, detection or investigation of conduct for which penalties other than criminal penalties are provided under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom.
A disclosure under this section does not breach—
any obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information (however imposed).
But nothing in this section authorises a disclosure, in contravention of any provisions of the data protection legislation, of personal data which is not exempt from those provisions.
In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
An individual under the age of 18 may not be the subject of a serious crime prevention order.
A person may not be made the subject of a serious crime prevention order in England and Wales if the person falls within a description specified by order of the Secretary of State.
A person may not be made the subject of a serious crime prevention order in Scotland if the person falls within a description specified by order of the Scottish Ministers.
A person may not be made the subject of a serious crime prevention order in Northern Ireland if the person falls within a description specified by order of the Department of Justice in Northern Ireland.
in the case of an order in England and Wales—
the Director of Public Prosecutions;
the Director of Revenue and Customs Prosecutions; or
the Director of the Serious Fraud Office; and
“information” includes documents;
A serious crime prevention order may be made only on an application by—
only on an application by—
the Director of Public Prosecutions,
the Director of the Serious Fraud Office,
the Director General of the National Crime Agency,
subject to subsection (2), a chief officer of police;
the Commissioners for His Majesty’s Revenue and Customs,
the chief officer of police of a police force in England and Wales,
the Chief Constable of the British Transport Police Force, or
the Chief Constable of the Ministry of Defence Police, and
in the case of an order in Scotland —
the Lord Advocate; or
subject to subsection (2), the chief officer of police;
in the case of an application by a person listed in paragraph (a)(iii) to (vii), only if the person has consulted the Director of Public Prosecutions.
the Director of Public Prosecutions for Northern Ireland; or
subject to subsection (2), the chief officer of police.
A chief officer of police may make an application for a serious crime prevention order only if—
it is an application for an order under section 1 that is terrorism-related (see section 8A);
the chief officer has consulted—
the Director of Public Prosecutions, in the case of an order in England and Wales;
the Lord Advocate, in the case of an order in Scotland; or
the Director for Public Prosecutions for Northern Ireland, in the case of an order in Northern Ireland; and
in the case of an application by the chief constable of the Police Service of Scotland, it is made to the Court of Session (and not to the sheriff).
In this section “chief officer of police”—
in relation to England and Wales, means the chief officer of police of a police force in England and Wales;
in relation to Scotland, means the chief constable of the Police Service of Scotland;
in relation to Northern Ireland, means the Chief Constable of the Police Service of Northern Ireland.
in the case of an order in Northern Ireland, the Director of Public Prosecutions for Northern Ireland.
The High Courtor (in Scotland) the appropriate court must, on an application by a person, give the person an opportunity to make representations in proceedings before it about the making of a serious crime prevention order if it considers that the making of the order would be likely to have a significant adverse effect on that person.
The High Courtor (in Scotland) the appropriate court must, on an application by a person, give the person an opportunity to make representations in proceedings before it about the variation of a serious crime prevention order if it considers that— would be likely to have a significant adverse effect on that person.
the variation of the order; or
a decision not to vary it;
The High Courtor (in Scotland) the appropriate court must, on an application by a person, give the person an opportunity to make representations in proceedings before it about the discharge of a serious crime prevention order if it considers that— would be likely to have a significant adverse effect on that person.
the discharge of the order; or
a decision not to discharge it;
The Crown Court must, on an application by a person, give the person an opportunity to make representations in proceedings before it arising by virtue of section 19, 20 , 21 or 22E if it considers that the making or variation of the serious crime prevention order concerned (or a decision not to vary it) would be likely to have a significant adverse effect on that person.
A court which is considering an appeal in relation to a serious crime prevention order must, on an application by a person, give the person an opportunity to make representations in the proceedings if that person was given an opportunity to make representations in the proceedings which are the subject of the appeal.
The High Court of Justiciary must, on an application by a person, give the person an opportunity to make representations in proceedings before it arising by virtue of section 24B(3) if it considers that the making or variation of the serious crime prevention order concerned (or a decision not to vary it) would be likely to have a significant adverse effect on that person.
For the purposes of this Part, a serious crime prevention order is “terrorism-related” if the trigger offence is within subsection (3).
The “trigger offence”, in relation to a serious crime prevention order, is the serious offence referred to in section 2(1) or (4), 2A(1) or (4) or (as the case may be) 3(1) or (4) pursuant to which the court is satisfied that the person who is the subject of the order has been involved in serious crime.
A trigger offence is within this subsection if—
it falls within section 2(2)(a) or (5)(b)(i) by virtue of paragraph 2A of Schedule 1;
it falls within section 2A(2)(a) or (5)(b)(i) by virtue of paragraph 16BA of Schedule 1;
if falls within section 3(2)(a) or (5)(b)(i) by virtue of paragraph 18A of Schedule 1; or
in the case of any other trigger offence (whether or not specified, or within a description specified, in Schedule 1), it appears to the court that the offence—
is, or takes place in the course of, an act of terrorism; or
is committed for the purposes of terrorism.
Subsection (5) applies where—
the court is considering whether a trigger offence is within subsection (3)(d);
the court has, for the purposes of this Part, decided that a person has committed the trigger offence (see section 4(1)); and
at the time at which the person was sentenced for the trigger offence, the offence was of a kind capable of being determined to have a terrorist connection.
The court—
must decide that the trigger offence is within subsection (3)(d) if the offence was determined to have a terrorist connection; and
must not otherwise decide that the trigger offence is within subsection (3)(d).
For the purposes of this section, an offence was determined to have a terrorist connection if — (and the reference in subsection (4)(c) to an offence being capable of being determined to have such a connection is to be read accordingly).
it was determined to have a terrorist connection under—
section 69 of the Sentencing Code (in the case of an offender sentenced in England and Wales or for a service offence); or
section 30 or 32 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Northern Ireland, or an offender sentenced in England and Wales, or for a service offence, before the Sentencing Code applied); or
it has been proved to have been aggravated by reason of having a terrorist connection under section 31 of that Act (in the case of an offender sentenced in Scotland);
In this section “terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act).
The subject of a serious crime prevention order is bound by it or a variation of it only if—
he is represented (whether in person or otherwise) at the proceedings at which the order or (as the case may be) variation is made; or
a notice setting out the terms of the order or (as the case may be) variation has been served on him.
The notice may be served on him by—
delivering it to him in person; or
sending it by recorded delivery to him at his last-known address (whether residential or otherwise).
For the purposes of delivering such a notice to him in person, a constable or a person authorised for the purpose by the relevant applicant authority may (if necessary by force)—
enter any premises where he has reasonable grounds for believing the person to be; and
search those premises for him.
In this Part “the relevant applicant authority” means—
in relation to a serious crime prevention order in England and Wales—
where the order was applied for by the Director of Public Prosecutions, the Director of Public Prosecutions;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; ...
where the order was applied for by the Director of the Serious Fraud Office, the Director of the Serious Fraud Office; ...
where the order was applied for by the chief officer of police of a police force in England and Wales, the chief officer of police of any such police force;
in any other case, the person who applied for the order;
in relation to a serious crime prevention order in Northern Ireland —
where the order was applied for by the Director of Public Prosecutions for Northern Ireland, the Director;
where the order was applied for by the Chief Constable of the Police Service of Northern Ireland, the Chief Constable.
in relation to a serious crime prevention order in Scotland —
where the order was applied for by the Lord Advocate, the Lord Advocate;
where the order was applied for by the chief constable of the Police Service of Scotland, the chief constable;
A serious crime prevention order made by a court in England and Wales may require an individual (including a partner in a partnership) to submit to electronic monitoring of their compliance with prohibitions, restrictions or other requirements imposed by the order.
A requirement imposed under subsection (1) is referred to in this Part as an “electronic monitoring requirement”.
A serious crime prevention order that includes an electronic monitoring requirement must specify the person who is to be responsible for the monitoring.
The person specified under subsection (3) (“the responsible person”) must be of a description specified in regulations made by the Secretary of State.
Where a serious crime prevention order imposes an electronic monitoring requirement on a person, the person must (among other things)— These obligations have effect as requirements of the order.
submit, as required from time to time by the responsible person, to—
being fitted with, or the installation of, any necessary apparatus, and
the inspection or repair of any apparatus fitted or installed for the purpose of the monitoring;
not interfere with, or with the working of, any apparatus fitted or installed for the purpose of the monitoring;
take any steps required by the responsible person for the purpose of keeping in working order any apparatus fitted or installed for the purpose of the monitoring.
A serious crime prevention order may not provide for an electronic monitoring requirement to have effect for more than 12 months (but this does not limit any power of a court to extend that period).
This section applies for the purpose of determining whether a court may impose an electronic monitoring requirement on a person (“P”) under section 5B.
The requirement may not be imposed in P’s absence.
If there is a person (other than P) without whose co-operation it would be impracticable to secure the monitoring in question, the requirement may not be imposed without that person’s consent.
A court may impose the requirement in relation to a relevant police area or areas only if—
it has been notified by the Secretary of State that electronic monitoring arrangements are available in the area or areas, and
it is satisfied that the necessary provision can be made under the arrangements currently available.
For the purposes of subsection (4)—
The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring of individuals under electronic monitoring requirements imposed by serious crime prevention orders.
A failure to act in accordance with a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.
A serious crime prevention order may not require a person to answer questions, or provide information, orally.
A serious crime prevention orderin England and Wales or Northern Ireland may not require a person—
to answer any privileged question;
to provide any privileged information; or
to produce any privileged document.
A “privileged question” is a question which the person would be entitled to refuse to answer on grounds of legal professional privilege in proceedings in the High Court.
“Privileged information” is information which the person would be entitled to refuse to provide on grounds of legal professional privilege in such proceedings.
A “privileged document” is a document which the person would be entitled to refuse to produce on grounds of legal professional privilege in such proceedings.
But subsections (1) and (4A) do not prevent an order from requiring a lawyer to provide the name and address of a client of his.
A serious crime prevention order in Scotland may not require a person to breach any duty of confidentiality of communications which the person could not be required to breach in proceedings before the appropriate court.
A serious crime prevention order may not require a person to produce—
in the case of an order in England and Wales, any excluded material as defined by section 11 of the Police and Criminal Evidence Act 1984 (c. 60); ...
in the case of an order in Northern Ireland, any excluded material as defined by Article 13 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)).
in the case of an order in Scotland, any excluded material (as defined by that section (except that “enactment” in subsection (2)(b) of that section is to be taken to include an Act of the Scottish Parliament or an instrument made under such an Act));
A serious crime prevention order may not require a person to disclose any information or produce any document in respect of which he owes an obligation of confidence by virtue of carrying on a banking business unless condition A or B is met.
Condition A is that the person to whom the obligation of confidence is owed consents to the disclosure or production.
Condition B is that the order contains a requirement—
to disclose information, or produce documents, of this kind; or
to disclose specified information which is of this kind or to produce specified documents which are of this kind.
A serious crime prevention order may not require a person— if the disclosure concerned is prohibited under any other enactment.
to answer any question;
to provide any information; or
to produce any document;
In this section—
“Commissioners of Revenue and Customs”, “Revenue and Customs” and “revenue and customs information” have the same meaning as in section 69;
In section 32 of the Criminal Justice Act 1982 (early release of prisoners), in subsection (2A) for “incitement” substitute “encouragement and assistance”.
The Sexual Offences Act 2003 is amended as follows. In paragraph 93A of Schedule 3 (sexual offences for purposes of Part 2), in sub-paragraph (3) for “incitement” substitute “encouragement and assistance”. In paragraph 172A of Schedule 5 (other offences for purposes of Part 2), in sub-paragraph (2) for “incitement” substitute “encouragement and assistance”.
The Armed Forces Act 2006 is amended as follows.
In this Schedule—
In section 39 (attempts), in subsection (4)(b) for “inciting another person to commit” substitute “encouraging or assisting the commission of”.
For section 40 (incitement) substitute—
Accordingly, in the heading immediately before section 39 for “incitement” substitute “encouragement and assistance”.
For section 46 (inciting criminal conduct) substitute—
In section 48 (provision supplementary to sections 43 to 47), in subsection (1)(a) for “incitement” substitute “encouragement or assistance”.
In Schedule 2 (list of serious offences)—
in paragraph 11 for “inciting another person to commit” substitute “encouraging or assisting the commission of”;
in paragraph 13 for “of incitement to commit” substitute “under Part 2 of the Serious Crime Act 2007 of encouraging or assisting the commission of”.
“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) and also includes an instrument made under—
“armed forces” means His Majesty’s forces (within the meaning of the Armed Forces Act 2006);
An offence under section 25 of the Immigration Act 1971 (assisting unlawful immigration to a member State or the United Kingdom).
In section 33 of the Criminal Appeal Act 1968 (right of appeal to House of Lords) omit subsection (1A).
Paragraph 2A of Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (Crown Court proceedings under the Proceeds of Crime Act 2002 (c. 29)) for which legal aid may be given under Part 2 of the Order) is amended as follows. In sub-paragraph (1)(a) omit “or 204(3)”. In sub-paragraph (1)(c) for “to 201” substitute “to 199”.
In section 306A(1)(b) of the Insolvency Act 1986 (property subject to restraint order)—
omit “52,”; and
for “, 198 or 200” substitute “or 198”.
In Article 279A(1)(b) of the Insolvency (Northern Ireland) Order 1989 (property subject to restraint order)—
omit “52,”; and
for “, 198 or 200” substitute “or 198”.
Paragraph 3 of Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (representation in Crown Court proceedings under the Proceeds of Crime Act 2002 (c. 29) which may be funded by the Northern Ireland Legal Services Commission) is amended as follows. In sub-paragraph (1)(a) omit “or 204(3)”. In sub-paragraph (1)(c) for “to 201” substitute “to 199”.
In Part 2 of Schedule 6 to the Gambling Act 2005 (exchange of information: enforcement and regulatory bodies)—
omit the entries relating to the Director and staff of the Assets Recovery Agency, the Director General and staff of the National Crime Squad and the Director General and staff of the National Criminal Intelligence Service; and
The Serious Organised Crime Agency
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 51(1A) of that Act (interpretation) omit “, subject to section 33(1A) of this Act,”.
“director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate;
In this Schedule references to having the conduct of proceedings include references to starting or discontinuing proceedings.
In section 75(4A) of the Northern Ireland Act 1998 (statutory duty on public authorities) after “offences” insert “or any of the functions conferred on him by, or in relation to, Part 5 or 8 of the Proceeds of Crime Act 2002 (c. 29) (civil recovery of the proceeds etc. of unlawful conduct, civil recovery investigations and disclosure orders in relation to confiscation investigations)”. After section 76(10) of that Act (discrimination by public authorities) insert—
A statement made by a person in response to a requirement imposed by a serious crime prevention order may not be used in evidence against him in any criminal proceedings unless condition A or B is met.
Condition A is that the criminal proceedings relate to an offence under section 25.
Condition B is that—
the criminal proceedings relate to another offence;
the person who made the statement gives evidence in the criminal proceedings;
in the course of that evidence, the person makes a statement which is inconsistent with the statement made in response to the requirement imposed by the order; and
in the criminal proceedings evidence relating to the statement made in response to the requirement imposed by the order is adduced, or a question about it is asked, by the person or on his behalf.
A serious crime prevention order must specify when it is to come into force and when it is to cease to be in force.
An order is not to be in force for more than 5 years beginning with the coming into force of the order.
An order can specify different times for the coming into force, or ceasing to be in force, of different provisions of the order.
Where it specifies different times in accordance with subsection (3), the order—
must specify when each provision is to come into force and cease to be in force; and
is not to be in force for more than 5 years beginning with the coming into force of the first provision of the order to come into force.
The fact that an order, or any provision of an order, ceases to be in force does not prevent the court from making a new order to the same or similar effect.
A new order may be made in anticipation of an earlier order or provision ceasing to be in force.
Subsections (2) and (4)(b) have effect subject to section 22E.
The High Court in England and Wales may, on an application under this section, vary a serious crime prevention order in England and Wales if it has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement, by the person who is the subject of the order, in serious crime in England and Wales.
The High Court in Northern Ireland may, on an application under this section, vary a serious crime prevention order in Northern Ireland if it has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement, by the person who is the subject of the order, in serious crime in Northern Ireland.
The appropriate court in Scotland may, on an application under this section, vary a serious crime prevention order in Scotland if it has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement, by the person who is the subject of the order, in serious crime in Scotland.
An application for the variation of an order under this section may be made by—
the relevant applicant authority (but see subsection (7A)); or
subject as follows—
the person who is the subject of the order; or
any other person.
The court must not entertain an application by the person who is the subject of the order unless it considers that there has been a change of circumstances affecting the order.
The court must not entertain an application by any person falling within subsection (3)(b)(ii) unless it considers that—
the person is significantly adversely affected by the order;
condition A or B is met; and
the application is not for the purpose of making the order more onerous on the person who is the subject of it.
Condition A is that—
the person falling within subsection (3)(b)(ii)— in earlier proceedings in relation to the order (whether before the High Court , the appropriate court or the Crown Court); and
has, on an application under section 9, been given an opportunity to make representations; or
has made an application otherwise than under that section;
there has been a change of circumstances affecting the order.
Condition B is that—
the person falling within subsection (3)(b)(ii) has not made an application of any kind in earlier proceedings in relation to the order (whether before the High Court , the appropriate court or the Crown Court); and
it was reasonable in all the circumstances for the person not to have done so.
A variation on an application under subsection (3)(a) may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).
Where the relevant applicant authority is the chief constable of the Police Service of Scotland, an application for the variation of the order may only be made under this section to the Court of Session (and not to the sheriff).
On an application under this section—
the High Court in England and Wales may discharge a serious crime prevention order in England and Wales; ...
the High Court in Northern Ireland may discharge a serious crime prevention order in Northern Ireland.
the appropriate court in Scotland may discharge a serious crime prevention order in Scotland;
An application for the discharge of an order may be made by—
the relevant applicant authority (but see subsection (7)); or
subject as follows—
the person who is the subject of the order; or
any other person.
The court must not entertain an application by the person who is the subject of the order unless it considers that there has been a change of circumstances affecting the order.
The court must not entertain an application by any person falling within subsection (2)(b)(ii) unless it considers that—
the person is significantly adversely affected by the order; and
condition A or B is met.
Condition A is that—
the person— in earlier proceedings in relation to the order (whether before the High Court , the appropriate court or the Crown Court); and
has, on an application under section 9, been given an opportunity to make representations; or
has made an application otherwise than under that section;
there has been a change of circumstances affecting the order.
Condition B is that—
the person has not made an application of any kind in earlier proceedings in relation to the order (whether before the High Court , the appropriate court or the Crown Court); and
it was reasonable in all the circumstances for the person not to have done so.
Where the relevant applicant authority is the chief constable of the Police Service of Scotland, an application for the discharge of the order may only be made under this section to the Court of Session (and not to the sheriff).
Subsection (2) applies where the Crown Court in England and Wales is dealing with a person who—
has been convicted by or before a magistrates' court of having committed a serious offence in England and Wales and has been committed to the Crown Court to be dealt with; or
has been convicted by or before the Crown Court of having committed a serious offence in England and Wales.
The Crown Court may, in addition to dealing with the person in relation to the offence, make an order if it has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales.
Subsection (4) applies where the Crown Court in Northern Ireland is dealing with a person who has been convicted by or before the Crown Court of having committed a serious offence in Northern Ireland.
A court that makes an order by virtue of subsection (2) in the case of a person who is already the subject of a serious crime prevention order in England and Wales must discharge the existing order.
The Crown Court may, in addition to dealing with the person in relation to the offence, make an order if it has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Northern Ireland.
An order under this section may contain— as the court considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the person concerned in serious crime in England and Wales or (as the case may be) Northern Ireland.
such prohibitions, restrictions or requirements; and
such other terms;
The powers of the court in respect of an order under this section are subject to sections 6 to 15 (safeguards).
A court that makes an order by virtue of subsection (4) in the case of a person who is already the subject of a serious crime prevention order in Northern Ireland must discharge the existing order.
An order must not be made under this section except—
in addition to a sentence imposed in respect of the offence concerned; or
in addition to an order discharging the person conditionally.
An order under this section is also called a serious crime prevention order.
Subsection (2) applies where the Crown Court in England and Wales is dealing with a person who—
has been convicted by or before a magistrates' court of having committed a serious offence in England and Wales and has been committed to the Crown Court to be dealt with; or
has been convicted by or before the Crown Court of having committed a serious offence in England and Wales.
The Crown Court may— vary the order if the court has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales.
in the case of a person who is the subject of a serious crime prevention order in England and Wales; and
in addition to dealing with the person in relation to the offence;
Subsection (4) applies where the Crown Court in Northern Ireland is dealing with a person who has been convicted by or before the Crown Court of having committed a serious offence in Northern Ireland.
The Crown Court may— vary the order if the court has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Northern Ireland.
in the case of a person who is the subject of a serious crime prevention order in Northern Ireland; and
in addition to dealing with the person in relation to the offence;
A variation under this section may be made only on an application by the relevant applicant authority.
A variation must not be made except—
in addition to a sentence imposed in respect of the offence concerned; or
in addition to an order discharging the person conditionally.
A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).
Subsection (2) applies where the Crown Court in England and Wales is dealing with a person who—
has been convicted by or before a magistrates' court of having committed an offence under section 25 in relation to a serious crime prevention order and has been committed to the Crown Court to be dealt with; or
has been convicted by or before the Crown Court of having committed an offence under section 25 in relation to a serious crime prevention order.
The Crown Court may— varyor replace the order if it has reasonable grounds to believe that the terms of the order as varied, or the new order, would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales.
in the case of an order in England and Wales; and
in addition to dealing with the person in relation to the offence;
Subsection (4) applies where the Crown Court in Northern Ireland is dealing with a person who has been convicted by or before the Crown Court of an offence under section 25 in relation to a serious crime prevention order.
The Crown Court may— varyor replace the order if it has reasonable grounds to believe that the terms of the order as varied, or the new order, would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Northern Ireland.
in the case of an order in Northern Ireland; and
in addition to dealing with the person in relation to the offence;
An order may be varied or replaced under this section only on an application by the relevant applicant authority.
A variationor new order must not be made except—
in addition to a sentence imposed in respect of the offence concerned; or
in addition to an order discharging the person conditionally.
A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).
A reference in this section to replacing a serious crime prevention order is to making a new serious crime prevention order and discharging the existing one.
The fact that a serious crime prevention order has been made or varied by the High Court does not prevent it from being varied by the Crown Court in accordance with this Part.
The fact that a serious crime prevention order has been made or varied by the Crown Court does not prevent it from being varied or discharged by the High Court in accordance with this Part.
A decision by the Crown Court not to make an order under section 19 does not prevent a subsequent application to the High Court for an order under section 1 in consequence of the same offence.
A decision by the Crown Court not to vary a serious crime prevention order under section 20 or 21 does not prevent a subsequent application to the High Court for a variation of the order in consequence of the same offence.
Schedule 1A contains provision about notifications to be given by a person who is subject to a serious crime prevention order in England and Wales (a “relevant order”).
A relevant order—
must specify a person listed in section 8(1)(a) as the person to whom a notification under Schedule 1A is to be given;
may make provision about how a notification under Schedule 1A is to be given (including provision requiring a person to give a notification in person or otherwise).
In this Part references to a “specified person” are to a person specified under subsection (2)(a).
An appeal may be made to the Court of Appeal in relation to a decision of the High Court— by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(1), (2) or (as the case may be) (3).
to make a serious crime prevention order;
to vary, or not to vary, such an order; or
to discharge or not to discharge such an order;
Subsection (1) is without prejudice to the rights of other persons to make appeals, by virtue of section 16 of the Senior Courts Act 1981 (c. 54) or section 35 of the Judicature (Northern Ireland) Act 1978 (c. 23), in relation to any judgments or orders of the High Court about serious crime prevention orders.
An appeal against a decision of the Crown Court in relation to a serious crime prevention order may be made to the Court of Appeal by—
the person who is the subject of the order; or
the relevant applicant authority.
In addition, an appeal may be made to the Court of Appeal in relation to a decision of the Crown Court— by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(4).
to make a serious crime prevention order; or
to vary, or not to vary, such an order;
Subject to subsection (4), an appeal under subsection (1) or (2) lies only with the leave of the Court of Appeal.
An appeal under subsection (1) or (2) lies without the leave of the Court of Appeal if the judge who made the decision grants a certificate that the decision is fit for appeal under this section.
Subject to any rules of court made under section 53(1) of the Senior Courts Act 1981 (c. 54) (distribution of business between civil and criminal divisions), the criminal division of the Court of Appeal is the division which is to exercise jurisdiction in relation to an appeal under subsection (1) or (2) from a decision of the Crown Court in the exercise of its jurisdiction in England and Wales under this Part.
An appeal against a decision of the Court of Appeal on an appeal to that court under subsection (1) or (2) may be made to the Supreme Court by any person who was a party to the proceedings before the Court of Appeal.
An appeal under subsection (6) lies only with the leave of the Court of Appeal or the Supreme Court.
Such leave must not be granted unless—
it is certified by the Court of Appeal that a point of law of general public importance is involved in the decision; and
it appears to the Court of Appeal or (as the case may be) the Supreme Court that the point is one which ought to be considered by the Supreme Court.
The Secretary of State may for the purposes of this section by order make provision corresponding (subject to any specified modifications) to that made by or under an enactment and relating to—
appeals to the Court of Appeal under Part 1 of—
the Criminal Appeal Act 1968 (c. 19); or
the Criminal Appeal (Northern Ireland) Act 1980 (c. 47);
appeals from any decision of the Court of Appeal on appeals falling within paragraph (a); or
any matter connected with or arising out of appeals falling within paragraph (a) or (b).
An order under subsection (9) may, in particular, make provision about the payment of costs.
The power to make an order under subsection (9) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as the power may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).
The power to make an appeal to the Court of Appeal under subsection (1)(a) operates instead of any power for the person who is the subject of the order to make an appeal against a decision of the Crown Court in relation to a serious crime prevention order by virtue of—
section 9 or 10 of the Criminal Appeal Act 1968; or
section 8 of the Criminal Appeal (Northern Ireland) Act 1980.
Section 33(3) of the Criminal Appeal Act 1968 (limitation on appeal from criminal division of the Court of Appeal: England and Wales) does not prevent an appeal to the Supreme Court under subsection (6) above.
An appeal may be made to the Inner House of the Court of Session in relation to a decision of the Outer House of the Court of Session— by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(1), (2) or (as the case may be) (3).
to make a serious crime prevention order;
to vary, or not to vary, such an order; or
to discharge or not to discharge such an order;
Subsection (1) is without prejudice to the rights of the person who is the subject of the order and the Lord Advocate to make appeals, under section 28 of the Court of Session Act 1988, in relation to any judgments or orders of the Outer House of the Court of Session about serious crime prevention orders.
The following are to be taken to be a sentence for the purpose of an appeal—
a serious crime prevention order made under section 22A;
the variation under section 22B or 22C of an order made under section 22A;
the discharge of an order made under section 22A.
If the Lord Advocate considers that a decision of the High Court of Justiciary or the sheriff under section 22A not to make a serious crime prevention order was inappropriate, the Lord Advocate may appeal against the decision.
In addition, an appeal may be made in relation to a decision of the High Court of Justiciary or the sheriff— by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(4A).
to make a serious crime prevention order under section 22A; or
to vary, or not to vary, such an order under section 22B or 22C;
A person who, without reasonable excuse, fails to comply with a serious crime prevention order commits an offence.
A person who commits an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;
on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine or to both.
In the application of subsection (2)(a) in Northern Ireland, the reference to 12 months is to be read as a reference to 6 months.
In proceedings for an offence under this section, a copy of the original order or any variation of it, certified as such by the proper officer of the court which made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those things is admissible in those proceedings.
In the application of subsection (2)(a) in England and Wales, the reference to 12 months is to be read as a reference to the general limit in a magistrates’ court subject to paragraph 4 of Schedule 13.
The court before which a person is convicted of an offence under section 25 may order the forfeiture of anything in his possession at the time of the offence which the court considers to have been involved in the offence.
Before making an order under subsection (1) in relation to anything the court must give an opportunity to make representations to any person (in addition to the convicted person) who claims to be the owner of that thing or otherwise to have an interest in it.
An order under subsection (1) may not be made so as to come into force at any time before there is no further possibility (ignoring any power to appeal out of time) of the order being varied or set aside on appeal.
Where the court makes an order under subsection (1), it may also make such other provision as it considers to be necessary for giving effect to the forfeiture.
That provision may, in particular, include provision relating to the retention, handling, destruction or other disposal of what is forfeited.
Provision made by virtue of this section may be varied at any time by the court that made it.
The Director of Public Prosecutions ... or the Director of the Serious Fraud Office may present a petition to the court for the winding up of a company, partnership or relevant body if—
the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
the Director concerned considers that it would be in the public interest for the company, partnership or (as the case may be) relevant body to be wound up.
The Insolvency Act 1986 (c. 45) applies in relation to— as it applies in relation to a petition under section 124A of the Act of 1986 for the winding up of a company and the company's winding up (winding up on grounds of public interest) but subject to the modifications in subsections (3) and (4).
a petition under this section for the winding up of a company; and
the company's winding up;
Section 124(4)(b) of the Act of 1986 (application for winding up) applies in relation to a petition under this section as if it permits the petition to be presented by the Director of Public Prosecutions ... , the Director of the Serious Fraud Office or the chief officer of police of a police force in England and Wales a person who is authorised to present a petition in accordance with subsection (1) or (1A).
The court may make an order under section 125 of the Act of 1986 (powers of court on hearing of petition) to wind up the company only if—
the company has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
the court considers that it is just and equitable for the company to be wound up.
Section 420 of the Act of 1986 (power to make provision about insolvent partnerships) applies for the purposes of this section as if the reference to an insolvent partnership were a reference to a partnership to which this section applies.
The appropriate Minister may by order provide for the Act of 1986 to apply, with such modifications as that person considers appropriate, in relation to a petition under this section for the winding up of a relevant body and the relevant body's winding up.
An order made by virtue of subsection (5) or (6) must ensure that the court may make an order to wind up the partnership or relevant body only if—
the partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
the court considers that it is just and equitable for the partnership or relevant body to be wound up.
No petition may be presented to, or order to wind up made by, a court in Scotland by virtue of this section in respect of a company, partnership or relevant body whose estate may be sequestrated under the Bankruptcy (Scotland) Act 2016.
No petition may be presented, or order to wind up made, by virtue of this section if—
an appeal against conviction for the offence concerned has been made and not finally determined; or
the period during which such an appeal may be made has not expired.
No petition may be presented, or order to wind up made, by virtue of this section if the company, partnership or relevant body is already being wound up by the court.
In deciding for the purposes of subsection (9) whether an appeal is finally determined or whether the period during which an appeal may be made has expired, any power to appeal out of time is to be ignored.
In this section— and the references to sections 124 to 125 of the Insolvency Act 1986 (c. 45) include references to those sections as applied by section 221(1) of that Act (unregistered companies).
The Director of Public Prosecutions for Northern Ireland may present a petition to the court for the winding up of a company, partnership or relevant body if—
the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
the Director of Public Prosecutions for Northern Ireland considers that it would be in the public interest for the company, partnership or (as the case may be) relevant body to be wound up.
The Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)) applies in relation to— as it applies in relation to a petition under Article 104A of the Order of 1989 for the winding up of a company and the company's winding up (winding up on grounds of public interest) but subject to the modifications in subsections (3) and (4).
a petition under this section for the winding up of a company; and
the company's winding up;
The Chief Constable of the Police Service of Northern Ireland may present a petition to the court for the winding up of a company, partnership or relevant body if—
the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order that was made on the application of the Chief Constable; and
the Chief Constable considers that it would be in the public interest for the company, partnership or (as the case may be) relevant body to be wound up.
Article 104(5)(b) of the Order of 1989 (application for winding up) applies in relation to a petition under this section as if it permits the petition to be presented by the Director of Public Prosecutions for Northern Ireland or the Chief Constable of the Police Service of Northern Ireland.
The court may make an order under Article 105 of the Order of 1989 (powers of court on hearing of petition) to wind up the company only if—
the company has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
the court considers that it is just and equitable for the company to be wound up.
Article 364 of the Order of 1989 (power to make provision about insolvent partnerships) applies for the purposes of this section as if the reference to an insolvent partnership were a reference to a partnership to which this section applies.
The appropriate Minister may by order provide for the Order of 1989 to apply, with such modifications as that person considers appropriate, in relation to a petition under this section for the winding up of a relevant body and the relevant body's winding up.
An order made by virtue of subsection (5) or (6) must ensure that the court may make an order to wind up the partnership or relevant body only if—
the partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
the court considers that it is just and equitable for the partnership or relevant body to be wound up.
No petition may be presented, or order to wind up made, by virtue of this section if—
an appeal against conviction for the offence concerned has been made and not finally determined; or
the period during which such an appeal may be made has not expired.
No petition may be presented, or order to wind up made, by virtue of this section if the company, partnership or relevant body is already being wound up by the court.
In deciding for the purposes of subsection (8) whether an appeal is finally determined or whether the period during which an appeal may be made has expired, any power to appeal out of time is to be ignored.
In this section— and the references to Articles 104 to 105 of the Insolvency (Northern Ireland) Order 1989 ( S.I. 1989/2405 (N.I.19)) include references to those Articles as applied by Article 185(1) of that Order (unregistered companies).
“serious crime prevention order” means—
An offence under section 3A(1) of the Computer Misuse Act 1990 (making etc. article intending it to be used to commit, or to assist in the commission of, an offence under section 1 or 3 of that Act).
An offence under section 2(2) of the Landmines Act 1998 (encouraging, assisting or inducing an offence under section 2(1) of that Act).
The Proceeds of Crime Act 2002 (c. 29) (investigations) is amended as follows.
In section 438(1)(f) of the Proceeds of Crime Act 2002 (c. 29) (disclosure of information by the Director of the Assets Recovery Agency) before “or” insert “, an accredited financial investigator”.
An offence under section 3A(2) of that Act (supply or offer to supply article believing it is likely to be used to commit, or to assist in the commission of, an offence under section 1 or 3 of that Act).
In section 342(1) (offences of prejudicing investigation) after “a civil recovery investigation” insert “, a detained cash investigation”.
Section 459 of that Act (orders and regulations) is amended as follows. In subsection (4)(a) (exceptions to negative procedure) after “292(4),” insert “302(7B),”. In subsection (6)(a) (powers subject to affirmative procedure) after “292(4),” insert “302(7B),”. After subsection (6) insert—
An offence under section 3A(3) of that Act (obtaining an article with a view to its being supplied for use to commit, or to assist in the commission of, an offence under section 1 or 3 of that Act).
In section 343(3) (judges) after “a civil recovery investigation” insert “or a detained cash investigation”.
In section 344(b) (courts) after “a civil recovery investigation” insert “or a detained cash investigation”.
In section 350(5)(b) (government departments) after “a civil recovery investigation” insert “or a detained cash investigation”.
In section 351(8) (supplementary) after “a civil recovery investigation” insert “or a detained cash investigation”.
Section 352 (search and seizure warrants) is amended as follows. In subsection (3)(c) after “(7)” insert “, (7A), (7B)”. After subsection (5)(b) insert—
Section 353 (requirements where production order not available) is amended as follows. In subsection (5)(a) after “(7)” insert “, (7A), (7B)”. After subsection (10)(b) insert—
Section 356 (further provisions: civil recovery) is amended as follows. In the heading after “civil recovery” insert “and detained cash”. In subsection (1) after “civil recovery investigations” insert “or detained cash investigations”. In subsection (6) after “If” insert “, in the case of civil recovery investigations,”. In subsection (10) for the words from “if” to “reasonable” substitute “if the appropriate person has reasonable”. After subsection (10) insert—
In section 357(2) (investigations to which disclosure orders do not apply) after “to a” insert “detained cash investigation or a”.
In section 363 (customer information orders) after subsection (1) insert—
In section 370 (account monitoring orders) after subsection (1) insert—
In section 378 (officers) after subsection (3) insert—
In section 380(2) (sheriff in Scotland to act in exercise of civil jurisdiction in making production orders in certain cases) after “a civil recovery investigation” insert “or a detained cash investigation”.
In section 385(4)(b) (government departments: Scotland) after “a civil recovery investigation” insert “or a detained cash investigation”.
In section 386(3)(b) (rules of court in connection with production orders and orders to grant entry: Scotland) after “a civil recovery investigation” insert “or a detained cash investigation”.
In section 387(2) (sheriff in Scotland to act in exercise of civil jurisdiction in issuing search warrants in certain cases) after “a civil recovery investigation” insert “or a detained cash investigation”.
In section 388(5)(a) (requirements where production order not available: Scotland) after “(7)” insert “, (7A), (7B)”.
Section 390 (further provisions: confiscation, civil recovery and money laundering: Scotland) is amended as follows. In the heading after “civil recovery” insert “, detained cash”. In subsection (1) after “civil recovery investigations” insert “, detained cash investigations”. In subsection (5) after “a civil recovery investigation” insert “or a detained cash investigation”. In subsection (6) after “a civil recovery investigation” insert “or a detained cash investigation”. In subsection (7) after “a civil recovery investigation” insert “or a detained cash investigation”.
In section 391(2) (investigations to which disclosure orders do not apply: Scotland) after “to a” insert “detained cash investigation or a”.
In section 397 (customer information orders: Scotland) after subsection (1) insert—
In section 404 (account monitoring orders: Scotland) after subsection (1) insert—
Section 412 (interpretation: Scotland) is amended as follows. In the definition of “appropriate person”, in paragraph (b), after “a civil recovery investigation” insert “or a detained cash investigation”. In the definition of “proper person”, in paragraph (b), after “a civil recovery investigation” insert “or a detained cash investigation”.
Section 416 (other interpretative provisions) is amended as follows. detained cash investigation: section 341(3A) After subsection (7) insert—
In section 450(1)(a) (pseudonyms: Scotland) after “a civil recovery investigation” insert “or a detained cash investigation”.
The Scottish Ministers may present a petition to the court for the winding up of a company or relevant body, or the dissolution of a partnership, if—
the company, relevant body or partnership has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
the Scottish Ministers consider that it would be in the public interest for the company or (as the case may be) relevant body to be wound up or the partnership to be dissolved.
The chief constable of the Police Service of Scotland may present a petition to the court for the winding up of a company or relevant body, or the dissolution of a partnership, if—
the company, relevant body or partnership has been convicted of an offence under section 25 in relation to a serious crime prevention order that was made on the application of the chief constable; and
the chief constable considers that it would be in the public interest for the company or (as the case may be) relevant body to be wound up or the partnership to be dissolved.
The Insolvency Act 1986 applies in relation to— as it applies in relation to a petition under section 124A of the Act of 1986 for the winding up of a company and the company's winding up (winding up on grounds of public interest) but subject to the modifications in subsections (3) and (4).
a petition under this section for the winding up of a company; and
the company's winding up;
Section 124(4)(b) of the Act of 1986 (application for winding up) applies in relation to a petition under this section as if it permits the petition to be presented by the Scottish Ministers or the chief constable of the Police Service of Scotland.
The court may make an order under section 125 of the Act of 1986 (powers of court on hearing of petition) to wind up the company only if—
the company has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
the court considers that it is just and equitable for the company to be wound up.
Where a petition is made to the court under this section for the dissolution of a partnership, the court may make an order to dissolve the partnership only if—
the partnership has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
the court considers that it is just and equitable for the partnership to be dissolved.
Where the court makes an order to dissolve a partnership under this section, the Partnership Act 1890 applies in respect of the dissolution as if it were a dissolution under section 35 of that Act.
The appropriate Minister may by order provide for the Act of 1986 to apply, with such modifications as that person considers appropriate, in relation to a petition under this section for the winding up of a relevant body and the relevant body's winding up.
An order made by virtue of subsection (7) must ensure that the court may make an order to wind up the relevant body only if—
the relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and
the court considers that it is just and equitable for the relevant body to be wound up.
No petition may be presented, or order to wind up or dissolve made, by virtue of this section if—
an appeal against conviction for the offence concerned has been made and not finally determined; or
the period during which such an appeal may be made has not expired.
No petition may be presented, or order to wind up or dissolve made, by virtue of this section if—
the company or relevant body is already being wound up by the court, or
the partnership is already being dissolved by the court.
In deciding for the purposes of subsection (9) whether an appeal is finally determined or whether the period during which an appeal may be made has expired, any power to appeal out of time is to be ignored.
In this section— and the references to sections 124 to 125 of the Insolvency Act 1986 include references to those sections as applied by section 221(1) of that Act (unregistered companies).
The Secretary of State may by order make such modifications as he considers appropriate to the application of—
the Insolvency Act 1986 (c. 45) by virtue of section 27(2); or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any modifications made by virtue of subsection (1), (1ZA) or (1A) are in addition to the modifications made by section 27(3) and (4), 27A(3) and (4) or (as the case may be) section 28(3) and (4).
The Scottish Ministers may by order make such modifications as they consider appropriate to the application of the Insolvency Act 1986 by virtue of section 27A(2).
The Secretary of State may by order make such consequential or supplementary provision, applying with or without modifications any provision made by or under an enactment, as he considers appropriate in connection with section 27(2) to (4) ....
The Department of Justice in Northern Ireland may by order make such modifications as the Department considers appropriate to the application of the Insolvency (Northern Ireland) Order 1989 by virtue of section 28(2).
An order made by virtue of section 27(5) or (6), section 28(5) or (6), 27A(7) or subsection (1), (1ZA) or (1A) above may, in particular, contain consequential or supplementary provision applying, with or without modifications, any provision made by or under an enactmentincluding, in the case of an order made by virtue of section 27A(7) or subsection (1ZA) above, an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
The Scottish Ministers may by order make such consequential or supplementary provision, applying with or without modifications any provision made by or under an enactment including an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, as they consider appropriate in connection with section 27A(2) to (4).
The Department of Justice in Northern Ireland may by order make such consequential or supplementary provision, applying with or without modifications any provision made by or under an enactment, as the Department considers appropriate in connection with section 28(2) to (4).
For the purposes of section 10 in its application to a serious crime prevention order against a body corporate or to the variation of such an order—
a notice setting out the terms of the order or variation—
is delivered to the body corporate in person if it is delivered to an officer of the body corporate in person; and
is sent by recorded delivery to the body corporate at its last-known address if it is so sent to an officer of the body corporate at the address of the registered office of that body or at the address of its principal office in the United Kingdom; and
the power conferred by subsection (3) of that section is a power to enter any premises where the person exercising the power has reasonable grounds for believing an officer of the body corporate to be and to search those premises for the officer.
If an offence under section 25 committed by a body corporate is proved to have been committed with the consent or connivance of— he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.
an officer of the body corporate; or
a person who was purporting to act in any such capacity;
Nothing in this section prevents a serious crime prevention order from being made against an officer or employee of a body corporate or against any other person associated with a body corporate.
In this section—
A serious crime prevention order against a partnership must be made in the name of the partnership (and not in that of any of the partners).
An order made in the name of the partnership continues to have effect despite a change of partners provided that at least one of the persons who was a partner before the change remains a partner after it.
For the purposes of this Part, a partnership is involved in serious crime in England and Wales, Scotland,, Northern Ireland or elsewhere if the partnership, or any of the partners, is so involved; and involvement in serious crime in England and Wales, Scotland, or Northern Ireland is to be read accordingly.
For the purposes of section 10 in its application to a serious crime prevention order against a partnership or to the variation of such an order—
a notice setting out the terms of the order or variation—
is delivered to the partnership in person if it is delivered to any of the partners in person or to a senior officer of the partnership in person; and
is sent by recorded delivery to the partnership at its last-known address if it is so sent to any of the partners or to a senior officer of the partnership at the address of the principal office of the partnership in the United Kingdom; and
the power conferred by subsection (3) of that section is a power to enter any premises where the person exercising the power has reasonable grounds for believing a partner or senior officer of the partnership to be and to search those premises for the partner or senior officer.
Proceedings for an offence under section 25 alleged to have been committed by a partnership must be brought in the name of the partnership (and not in that of any of the partners).
For the purposes of such proceedings—
rules of court relating to the service of documents have effect as if the partnership were a body corporate; and
the following provisions apply as they apply in relation to a body corporate—
section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)).
A fine imposed on the partnership on its conviction for an offence under section 25 is to be paid out of the partnership assets.
If an offence under section 25 committed by a partnership is proved to have been committed with the consent or connivance of a partner or a senior officer of the partnership, he (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.
For the purposes of subsection (8)—
references to a partner or to a senior officer of a partnership include references to any person purporting to act in such a capacity; and
subsection (5) is not to be read as prejudicing any liability of a partner under subsection (8).
Nothing in this section prevents a serious crime prevention order from being made against—
a particular partner; or
a senior officer or employee of a partnership or any other person associated with a partnership.
In this section—
“senior officer of a partnership” means any person who has the control or management of the business carried on by the partnership at the principal place where it is carried on.
In section 5 of the Criminal Law Act 1977 (effects of creation of statutory offence of conspiracy) omit subsection (7).
In Article 13 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (effects of creation of statutory offence of conspiracy) omit paragraph (8).
In section 2(3) of the Sexual Offences (Conspiracy and Incitement) Act 1996 for “of incitement” substitute “done”.
The Sexual Offences Act 2003 is amended as follows. In Schedule 3 (sexual offences for the purposes of Part 2 of that Act), after paragraph 94, insert— In Schedule 5 (other offences which are relevant for the purposes of Part 2 of the Act), after paragraph 173, insert—
“revenue and customs information relating to a person” has the meaning given by section 19(2) of the 2005 Act;
An offence under section 3(1) of the Aliens Restriction (Amendment) Act 1919 (acts calculated or likely to cause sedition or disaffection amongst HM forces etc.) consisting in attempting an act calculated or likely to cause sedition or disaffection in contravention of that subsection.
An offence under section 19 of the Misuse of Drugs Act 1971 (inciting any other offence under that Act).
An offence under section 7(2) of the Perjury Act 1911 (inciting a person to commit an offence under that Act).
An offence under section 4(1) of the Criminal Law Act (Northern Ireland) 1967 (assisting persons who have committed an offence).
After section 2 of the Serious Organised Crime and Police Act 2005 (functions of SOCA as to serious organised crime) insert—
In Schedule 1 to the Corporate Manslaughter and Corporate Homicide Act 2007 (list of government departments etc.) omit “Assets Recovery Agency”.
An offence under section 3(2) of that Act (promoting or attempting to promote industrial unrest) consisting in attempting to promote industrial unrest in contravention of that subsection.
An offence under section 20 of that Act (assisting or inducing commission outside United Kingdom of offence punishable under corresponding law).
Section 5 of that Act (SOCA’s general powers) is amended as follows. In subsection (2)(d) after “or 3” insert “or mentioned in section 2A,”. In subsection (3) after “3” insert “or mentioned in section 2A”. In subsection (4) after “section” insert “2A or”.
After section 19(4) of that Act (charges by SOCA and other receipts) insert—
Section 33 (disclosure of information by SOCA) of that Act is amended as follows. In subsection (2) after paragraph (c) insert—. After subsection (2) insert—
After section 35(1) of that Act (restrictions on further disclosure) insert—
SOCA must appoint one of its employees as a person with responsibilities in relation to the exercise of SOCA’s functions in Northern Ireland under the Proceeds of Crime Act 2002 (c. 29).
In paragraph 21(1) and (2) of Schedule 5 to that Act (persons specified for the purposes of protection) omit “is or”.
A serious crime prevention order against an unincorporated association must be made in the name of the association (and not in that of any of its members).
An order made in the name of the association continues to have effect despite a change in the membership of the association provided that at least one of the persons who was a member of the association before the change remains a member after it.
For the purposes of section 10 in its application to a serious crime prevention order against an unincorporated association or to the variation of such an order—
a notice setting out the terms of the order or variation—
is delivered to the association in person if it is delivered to an officer of the association in person; and
is sent by recorded delivery to the association at its last-known address if it is so sent to an officer of the association at the address of the principal office of the association in the United Kingdom; and
the power conferred by subsection (3) of that section is a power to enter any premises where the person exercising the power has reasonable grounds for believing an officer of the association to be and to search those premises for the officer.
Proceedings for an offence under section 25 alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members).
For the purposes of such proceedings—
rules of court relating to the service of documents have effect as if the association were a body corporate; and
the following provisions apply as they apply in relation to a body corporate—
section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)).
A fine imposed on the association on its conviction for an offence under section 25 is to be paid out of the funds of the association.
If an offence under section 25 committed by an unincorporated association is proved to have been committed with the consent or connivance of an officer of the association, he (as well as the association) is guilty of the offence and liable to be proceeded against and punished accordingly.
For the purposes of subsection (7)—
references to an officer of an unincorporated association include references to any person purporting to act in such a capacity; and
subsection (4) is not to be read as prejudicing any liability of an officer of an unincorporated association under subsection (7).
Nothing in this section prevents a serious crime prevention order from being made against—
a member, officer or employee of an unincorporated association; or
any other person associated with an unincorporated association.
In this section—
The Secretary of State may by order modify section 30, 31 or 32 in its application to a body of persons formed under law having effect outside the United Kingdom.
A serious crime prevention order may not include terms which restrict the freedom of a service provider who is established in an EEA state ... to provide information society services in relation to an EEA state unless the conditions in subsections (2) and (3) are met.
The condition in this subsection is that the court concerned considers that the terms—
are necessary for the objective of protecting the public by preventing, restricting or disrupting involvement in—
in the case of an order in England and Wales, serious crime in England and Wales; ...
in the case of an order in Northern Ireland, serious crime in Northern Ireland;
in the case of an order in Scotland, serious crime in Scotland;
relate to an information society service which prejudices that objective or presents a serious and grave risk of prejudice to it; and
are proportionate to that objective.
The conditions in this subsection are that—
a law enforcement officer has requested the EEA state in which the service provider is established to take measures which the law enforcement officer considers to be of equivalent effect under the law of the EEA state to the terms and the EEA state has failed to take the measures; ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the intention to seek an order containing the terms; and
the terms.
It does not matter for the purposes of subsection (3) whether the request ... is made before or after the making of the application for the order.
A serious crime prevention order may not include terms which impose liabilities on service providers of intermediary services so far as the imposition of those liabilities would result in a contravention of Article 12, 13 or 14 of the E-Commerce Directive (various protections for service providers of intermediary services) , reading those Articles as if the requirements imposed on a Member State were imposed on the court making the order.
A serious crime prevention order may not include terms which impose a general obligation on service providers of intermediary services falling within the descriptions contained in Articles 12, 13 and 14 of the E-Commerce Directive—
to monitor the information which they transmit or store when providing those services; or
actively to seek facts or circumstances indicating illegal activity when providing those services.
For the purposes of this section— and references to a person being established in an EEA state are to be read accordingly.
a service provider is established in a particular EEA state if he effectively pursues an economic activity using a fixed establishment in that EEA state for an indefinite period and he is a national of an EEA state or a company or firm mentioned in Article 54 of the Treaty on the Functioning of the European Union;
the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider;
where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment where the service provider has the centre of his activities relating to the service;
In this section—
“public authority” means any body or person discharging functions of a public nature;
The following paragraphs of Schedule 2 to the Commissioners for Revenue and Customs Act 2005 (which restrict the class of functions in connection with which certain powers may be used) shall cease to have effect—
paragraph 1 (Wireless Telegraphy Act 2006 (c. 36), s. 48); and
paragraph 11 (Regulation of Investigatory Powers Act 2000 (c. 23), ss. 6(2)(h), 32(6)(m), 49(1)(e) and 54 and Sched. 2, paras. 2(3) and 4(2)).
Nothing in section 6 or 7 of the Commissioners for Revenue and Customs Act 2005 (initial functions) restricts the functions in connection with which Her Majesty’s Revenue and Customs may exercise a power under an enactment amended by this Schedule.
In section 19 of the Misuse of Drugs Act 1971 for “such an offence” substitute “an offence under any other provision of this Act”.
Omit Article 60(1) of the Magistrates' Courts (Northern Ireland) Order 1981.
The Computer Misuse Act 1990 is amended as follows. In section 6 (incitement) omit subsection (3). In section 7 (territorial scope of inchoate offences related to offences under external law corresponding to offences under the Act) omit subsection (4). In section 8(3) (relevance of external law) omit “or by virtue of section 7(4) above”. In section 9(2) (offences in relation to which British citizenship is immaterial) omit paragraph (d). In section 16(4) (application to Northern Ireland) omit the words from “and any reference” to the end.
An offence under section 44 of the Serious Crime Act 2007 of doing an act capable of encouraging or assisting the commission of an offence specified in this Schedule.
“officer of a body corporate” means any director, manager, secretary or other similar officer of the body corporate.
For the purposes of paragraph (a) of the definition of “intermediary services”, the provision of access to a communication network and the transmission of information in a communication network includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is for the sole purpose of carrying out the transmission in the network.
Subsection (9) does not apply if the information is stored for longer than is reasonably necessary for the transmission.
Subsection (2) applies where—
the High Court of Justiciary (the “High Court”) is dealing with a person who—
has been convicted by or before the High Court of having committed a serious offence in Scotland, or
has been convicted by or before the sheriff of having committed a serious offence in Scotland and by virtue of section 195 of the Criminal Procedure (Scotland) Act 1995 has been remitted by the sheriff to the High Court for sentencing; or
the sheriff is dealing with a person who has been convicted by or before the sheriff of having committed a serious offence in Scotland.
The High Court or (as the case may be) the sheriff may, in addition to dealing with the person in relation to the offence, make an order if the High Court or (as the case may be) the sheriff has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Scotland.
The High Court or sheriff making an order by virtue of subsection (2) in the case of a person who is already the subject of a serious crime prevention order in Scotland must discharge the existing order.
An order under this section may contain— as the High Court or (as the case may be) the sheriff considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the person concerned in serious crime in Scotland.
such prohibitions, restrictions or requirements; and
such other terms;
The powers of the High Court and the sheriff in respect of an order under this section are subject to sections 6 to 15 (safeguards).
An order must not be made under this section except—
in addition to a sentence imposed in respect of the offence concerned; or
in addition to an order discharging the person absolutely.
An order under this section is also called a serious crime prevention order.
Subsection (2) applies where—
the High Court of Justiciary (the “High Court”) is dealing with a person who—
has been convicted by or before the High Court of having committed a serious offence in Scotland, or
has been convicted by or before the sheriff of having committed a serious offence in Scotland and by virtue of section 195 of the Criminal Procedure (Scotland) Act 1995 has been remitted by the sheriff to the High Court for sentencing; or
the sheriff is dealing with a person who has been convicted by or before the sheriff of having committed a serious offence in Scotland.
The High Court or (as the case may be) the sheriff may— vary the order if the High Court or (as the case may be) the sheriff has reasonable grounds to believe that the terms of the order as varied would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Scotland.
in the case of a person who is the subject of a serious crime prevention order in Scotland; and
in addition to dealing with the person in relation to the offence,
A variation under this section may be made only on an application by the Lord Advocate.
A variation must not be made except—
in addition to a sentence imposed in respect of the offence concerned; or
in addition to an order discharging the person absolutely.
A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).
Subsection (2) applies where—
the High Court of Justiciary (the “High Court”) is dealing with a person who—
has been convicted by or before the sheriff of having committed an offence under section 25 in relation to a serious crime prevention order and has been remitted to the High Court to be dealt with, or
has been convicted by or before the High Court of having committed an offence under section 25 in relation to a serious crime prevention order; or
the sheriff is dealing with a person who has been convicted by or before the sheriff of having committed an offence under section 25 in relation to a serious crime prevention order.
The High Court or (as the case may be) the sheriff may— vary or replace the order if the High Court or (as the case may be) the sheriff has reasonable grounds to believe that the terms of the order as varied, or the new order, would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in Scotland.
in the case of an order in Scotland; and
in addition to dealing with the person in relation to the offence;
An order may be varied or replaced under this section only on an application by the Lord Advocate.
A variation or new order must not be made except—
in addition to a sentence imposed in respect of the offence concerned; or
in addition to an order discharging the person absolutely.
A variation may include an extension of the period during which the order, or any provision of it, is in force (subject to the original limits imposed on the order by section 16(2) and (4)(b)).
A reference in this section to replacing a serious crime prevention order is to making a new serious crime prevention order and discharging the existing one.
A serious crime prevention order made under section 1(1A) or varied under section 17(1A) may be varied under section 22B(2) or 22C(2).
The fact that a serious crime prevention order made under section 1(1A) or varied under section 17(1A) has been varied under section 22B(2) or 22C(2) does not prevent it from being varied or discharged by the appropriate court.
A decision by the High Court of Justiciary or (as the case may be) the sheriff not to make an order under section 22A does not prevent a subsequent application to the appropriate court for an order under section 1(1A) in consequence of the same offence.
Where a serious crime prevention order is made under section 1(1A) or varied under section 17(1A), a decision by the High Court of Justiciary or (as the case may be) the sheriff not to vary the order under section 22B(2) or 22C(2) does not prevent a subsequent application under section 17(1A) for a variation of the order in consequence of the same offence.
Proceedings before the High Court in relation to serious crime prevention orders are civil proceedings.
One consequence of this is that the standard of proof to be applied by the court in such proceedings is the civil standard of proof.
Proceedings before the Crown Court arising by virtue of section 19, 20 , 21 or 22E are civil proceedings.
One consequence of this is that the standard of proof to be applied by the court in such proceedings is the civil standard of proof.
Two other consequences of this are that the court—
is not restricted to considering evidence that would have been admissible in the criminal proceedings in which the person concerned was convicted; and
may adjourn any proceedings in relation to a serious crime prevention order even after sentencing the person concerned.
The Crown Court, when exercising its jurisdiction in England and Wales under this Part, is a criminal court for the purposes of Part 7 of the Courts Act 2003 (c. 39) (procedure rules and practice directions).
A serious crime prevention order may be made as mentioned in section 19(7)(b) in spite of anything in sections 79, 80 and 82 of the Sentencing Code or (as the case may be) Articles 4 and 6 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24)) (which relate to orders discharging a person absolutely or conditionally and their effect).
A variation of a serious crime prevention order may be made as mentioned in section 20(6)(b) or 21(6)(b) in spite of anything in sections 12 and 14 of the Act of 2000 or (as the case may be) Articles 4 and 6 of the Order of 1996.
Schedule 2 (functions of applicant authorities under this Part) has effect.
Proceedings before the High Court of Justiciary (the “High Court”) or the sheriff arising by virtue of section 22A, 22B, 22C or 22E are civil proceedings.
One consequence of this is that the standard of proof to be applied by the High Court or (as the case may be) the sheriff in such proceedings is the civil standard of proof.
Two other consequences of this are that the High Court or (as the case may be) the sheriff—
is not restricted to considering evidence that would have been admissible in the criminal proceedings in which the person concerned was convicted; and
may adjourn any proceedings in relation to a serious crime prevention order even after sentencing the person concerned.
Despite subsection (1), an Act of Adjournal under section 305 of the Criminal Procedure (Scotland) Act 1995 (Acts of Adjournal) may be made in relation to proceedings before the High Court or the sheriff arising by virtue of section 22A, 22B, 22C or 22E.
A serious crime prevention order may be made as mentioned in section 22A(6)(b) in spite of anything in sections 246 and 247 of the Criminal Procedure (Scotland) Act 1995 (which relate to orders discharging a person absolutely and their effect).
A variation of a serious crime prevention order may be made as mentioned in section 22B(4)(b), or (as the case may be) a variation of or a new serious crime prevention order may be made as mentioned in section 22C(4)(b), in spite of anything in sections 246 and 247 of the Criminal Procedure (Scotland) Act 1995.
A person who complies with a requirement imposed by a serious crime prevention order to answer questions, provide information or produce documents does not breach—
any obligation of confidence; or
any other restriction on making the disclosure concerned (however imposed).
But see sections 11 to 14 (which limit the requirements that may be imposed by serious crime prevention orders in connection with answering questions, providing information or producing documents).
A serious crime prevention order against a body corporate, partnership or unincorporated association may authorise a law enforcement agency to enter into arrangements with— to perform specified monitoring services or monitoring services of a specified description.
a specified person; or
any person who falls within a specified description of persons;
A person with whom the agency has entered into arrangements in accordance with such an authorisation is known for the purposes of this section as an authorised monitor.
A serious crime prevention order which provides for an authorised monitor may, for the purpose of enabling the performance of monitoring services, impose requirements of the type mentioned in section 5(5) as if the references in paragraph (a)(iv) and (b)(iv) of that provision to a law enforcement officer included references to an authorised monitor.
A serious crime prevention order which provides for an authorised monitor may require any body corporate, partnership or unincorporated association which is the subject of the order to pay to the law enforcement agency concerned some or all of the costs incurred by the agency under the arrangements with the authorised monitor.
Any such order—
must specify the period, or periods, within which payments are to be made;
may require the making of payments on account;
may include other terms about the calculation or payment of costs.
The tests for making or varying a serious crime prevention order in sections 1(1)(b), (2)(b) and (3), 17(1) and (2), 19(2), (4) and (5), 20(2) and (4) and 21(2) and (4) do not operate in relation to an order so far as the order contains terms of the kind envisaged by subsections (4) and (5) above (or by subsection (1) above for the purposes of those subsections).
But a court must not include in a serious crime prevention order (whether initially or on a variation) terms of the kind envisaged by subsection (4) or (5) unless it considers that it is appropriate to do so having regard to all the circumstances including, in particular—
the means of the body corporate, partnership or unincorporated association concerned;
the expected size of the costs; and
the effect of the terms on the ability of any body corporate, partnership or unincorporated association which is carrying on business to continue to do so.
A law enforcement agency must inform the subject of a serious crime prevention order which provides for an authorised monitor of the name of, and an address for, any person with whom the agency has entered into arrangements in accordance with the authorisation in the order.
Nothing in this section affects the ability of law enforcement agencies to enter into arrangements otherwise than in accordance with an authorisation under this section.
In this section—
The appropriate authority may by order make provision about the practice and procedure for determining the amount of—
any costs payable by virtue of section 39(4) and (5); and
any interest payable in respect of those costs.
Such provision may, in particular, include provision about appeals.
Where any amounts required to be paid by virtue of section 39(4) and (5) have not been paid within a required period, the law enforcement agency concerned must take reasonable steps to recover them and any interest payable in respect of them.
The appropriate authority must by order provide for what are reasonable steps for the purposes of subsection (3).
Any amounts which have not been recovered despite the taking of the reasonable steps are recoverable—
in England and Wales and Northern Ireland, as if due to the law enforcement agency concerned by virtue of a civil order or judgment.
in Scotland, in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
Where any amounts required to be paid by virtue of section 39(4) and (5) are, in the case of an order of the Crown Court, not paid within a required period, the unpaid balance from time to time carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (c. 110) (interest on civil judgment debts).
For the purposes of section 25, a failure to comply with a requirement imposed by virtue of section 39(4) and (5) to make payments occurs when the amounts become recoverable as mentioned in subsection (5) above (and not before).
Where any amounts required to be paid by virtue of section 39(4) and (5) are, in the case of a serious crime prevention order made under section 22A, not paid within a required period, the unpaid balance from time to time carries interest at the rate payable under a decree of the Court of Session.
In this section “law enforcement agency” has the same meaning as in section 39.
In this section “the appropriate authority” means—
in relation to serious crime prevention orders in England and Wales, the Secretary of State;
in relation to serious crime prevention orders in Scotland, the Scottish Ministers;
in relation to serious crime prevention orders in Northern Ireland, the Department of Justice in Northern Ireland.
A law enforcement officer—
may take and retain copies of, or extracts from, any document produced to a law enforcement officer in pursuance of a serious crime prevention order; and
may retain any document so produced for as long as he considers that it is necessary to retain it (rather than any copy of it) for the purposes for which the document was obtained.
A law enforcement officer may retain any document produced to a law enforcement officer in pursuance of a serious crime prevention order until the conclusion of any legal proceedings if he has reasonable grounds for believing that the document—
may have to be produced for the purposes of those proceedings; and
might be unavailable unless retained.
This section applies where a person subject to a serious crime prevention order is charged with—
a serious offence, or
an offence under section 25 of failing to comply with the serious crime prevention order.
The relevant applicant authority may make an application under this section to—
the Crown Court in England and Wales, in the case of a serious crime prevention order in England and Wales;
the High Court of Justiciary or the sheriff, in the case of a serious crime prevention order in Scotland;
the Crown Court in Northern Ireland, in the case of a serious crime prevention order in Northern Ireland.
On an application under this section, the court or sheriff may vary the serious crime prevention order so that it continues in effect until one of the events listed in subsection (4) occurs (if the order would otherwise cease to have effect before then).
The events are—
following the person's conviction of the offence mentioned in subsection (1)—
the order is varied under section 20 or 21, or under section 22B or 22C, by reference to the offence,
a new serious crime prevention order is made under section 19 or 21, or under section 22A or 22C, by reference to the offence, or
the court or sheriff deals with the person for the offence without varying the order or making a new one;
the person is acquitted of the offence;
the charge is withdrawn;
in the case of a serious crime prevention order in England and Wales or Northern Ireland—
proceedings in respect of the charge are discontinued, or
an order is made for the charge to lie on the file;
in the case of a serious crime prevention order in Scotland—
proceedings against the person are deserted simpliciter ,
proceedings against the person are deserted pro loco et tempore and no trial diet is appointed,
the indictment or complaint relating to the person falls or for any other reason does not proceed to trial, or
the diet not having been continued, adjourned or postponed, no further proceedings are in contemplation in relation to the person.
An order may be made under this section only if—
the serious crime prevention order is still in force, and
the court or sheriff has reasonable grounds for believing that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime.
In subsection (5)(b) “ serious crime ” means—
serious crime in England and Wales, in the case of a serious crime prevention order in England and Wales;
serious crime in Scotland, in the case of a serious crime prevention order in Scotland;
serious crime in Northern Ireland, in the case of a serious crime prevention order in Northern Ireland.
In this Part—
In this Part, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column. Expression Provision act section 42 appropriate court section 1(5) committed a serious offence section 4(1) conduct section 42 conducts oneself in a way likely to facilitate the commission by oneself or another person of a serious offence section 4(3) country section 42 Director of Public Prosecutions, ..., Director of the Serious Fraud Office and Director of Public Prosecutions for Northern Ireland Paragraphs 2(2), ..., 13(2) and 17 of Schedule 2 document section 5(7) facilitates the commission by another person of a serious offence section 4(2) involvement in serious crime: England and Wales orders sections 2, 4 and 31(3) involvement in serious crime: Northern Ireland orders sections 3, 4 and 31(3) involvement in serious crime: Scotland orders sections 2A, 4 and 31(3) law enforcement officer section 5(7) modifications (and modify) section 42 person who is the subject of a serious crime prevention order section 1(6) premises section 5(7) production of documents section 5(8) the public section 42 relevant applicant authority section 10(4) serious crime prevention order section 1(5) serious offence in England and Wales section 2(2) serious offence in Northern Ireland section 3(2) serious offence in Scotland section 2A(2) terrorism-related section 8A
A person commits an offence if—
he does an act capable of encouraging or assisting the commission of an offence; and
he intends to encourage or assist its commission.
But he is not to be taken to have intended to encourage or assist the commission of an offence merely because such encouragement or assistance was a foreseeable consequence of his act.
A person commits an offence if—
he does an act capable of encouraging or assisting the commission of an offence; and
he believes—
that the offence will be committed; and
that his act will encourage or assist its commission.
A person commits an offence if—
he does an act capable of encouraging or assisting the commission of one or more of a number of offences; and
he believes—
that one or more of those offences will be committed (but has no belief as to which); and
that his act will encourage or assist the commission of one or more of them.
It is immaterial for the purposes of subsection (1)(b)(ii) whether the person has any belief as to which offence will be encouraged or assisted.
If a person is charged with an offence under subsection (1)—
the indictment must specify the offences alleged to be the “number of offences” mentioned in paragraph (a) of that subsection; but
nothing in paragraph (a) requires all the offences potentially comprised in that number to be specified.
In relation to an offence under this section, reference in this Part to the offences specified in the indictment is to the offences specified by virtue of subsection (3)(a).
Sections 44, 45 and 46 are to be read in accordance with this section.
If it is alleged under section 44(1)(b) that a person (D) intended to encourage or assist the commission of an offence, it is sufficient to prove that he intended to encourage or assist the doing of an act which would amount to the commission of that offence.
If it is alleged under section 45(b) that a person (D) believed that an offence would be committed and that his act would encourage or assist its commission, it is sufficient to prove that he believed—
that an act would be done which would amount to the commission of that offence; and
that his act would encourage or assist the doing of that act.
If it is alleged under section 46(1)(b) that a person (D) believed that one or more of a number of offences would be committed and that his act would encourage or assist the commission of one or more of them, it is sufficient to prove that he believed—
that one or more of a number of acts would be done which would amount to the commission of one or more of those offences; and
that his act would encourage or assist the doing of one or more of those acts.
In proving for the purposes of this section whether an act is one which, if done, would amount to the commission of an offence—
if the offence is one requiring proof of fault, it must be proved that—
D believed that, were the act to be done, it would be done with that fault;
D was reckless as to whether or not it would be done with that fault; or
D's state of mind was such that, were he to do it, it would be done with that fault; and
if the offence is one requiring proof of particular circumstances or consequences (or both), it must be proved that—
D believed that, were the act to be done, it would be done in those circumstances or with those consequences; or
D was reckless as to whether or not it would be done in those circumstances or with those consequences.
For the purposes of subsection (5)(a)(iii), D is to be assumed to be able to do the act in question.
In the case of an offence under section 44—
subsection (5)(b)(i) is to be read as if the reference to “D believed” were a reference to “D intended or believed”; but
D is not to be taken to have intended that an act would be done in particular circumstances or with particular consequences merely because its being done in those circumstances or with those consequences was a foreseeable consequence of his act of encouragement or assistance.
Reference in this section to the doing of an act includes reference to—
a failure to act;
the continuation of an act that has already begun;
an attempt to do an act (except an act amounting to the commission of the offence of attempting to commit another offence).
In the remaining provisions of this Part (unless otherwise provided) a reference to the anticipated offence is—
in relation to an offence under section 44, a reference to the offence mentioned in subsection (2); and
in relation to an offence under section 45, a reference to the offence mentioned in subsection (3).
This section makes further provision about the application of section 47 to an offence under section 46.
It is sufficient to prove the matters mentioned in section 47(5) by reference to one offence only.
The offence or offences by reference to which those matters are proved must be one of the offences specified in the indictment.
Subsection (3) does not affect any enactment or rule of law under which a person charged with one offence may be convicted of another and is subject to section 57.
A person may commit an offence under this Part whether or not any offence capable of being encouraged or assisted by his act is committed.
If a person's act is capable of encouraging or assisting the commission of a number of offences—
section 44 applies separately in relation to each offence that he intends to encourage or assist to be committed; and
section 45 applies separately in relation to each offence that he believes will be encouraged or assisted to be committed.
A person may, in relation to the same act, commit an offence under more than one provision of this Part.
In reckoning whether— offences under this Part and listed offences are to be disregarded.
for the purposes of section 45, an act is capable of encouraging or assisting the commission of an offence; or
for the purposes of section 46, an act is capable of encouraging or assisting the commission of one or more of a number of offences;
“Listed offence” means—
in England and Wales, an offence listed in Part 1, 2 or 3 of Schedule 3; and
in Northern Ireland, an offence listed in Part 1, 4 or 5 of that Schedule.
The Secretary of State may by order amend Schedule 3.
For the purposes of sections 45(b)(i) and 46(1)(b)(i) it is sufficient for the person concerned to believe that the offence (or one or more of the offences) will be committed if certain conditions are met.
The power to make an order under subsection (6) for the purposes of subsection (5)(b) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as the power may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).
A person is not guilty of an offence under this Part if he proves—
that he knew certain circumstances existed; and
that it was reasonable for him to act as he did in those circumstances.
A person is not guilty of an offence under this Part if he proves—
that he believed certain circumstances to exist;
that his belief was reasonable; and
that it was reasonable for him to act as he did in the circumstances as he believed them to be.
Factors to be considered in determining whether it was reasonable for a person to act as he did include—
the seriousness of the anticipated offence (or, in the case of an offence under section 46, the offences specified in the indictment);
any purpose for which he claims to have been acting;
any authority by which he claims to have been acting.
This section applies where a person is charged with an offence under this Part by reason of a provision of Schedule 4 (extra-territorial jurisdiction).
It is a defence for the person to show that their act was necessary for—
the proper exercise of a function of an intelligence service, or
the proper exercise of a function of the armed forces relating to intelligence.
A person is taken to have shown that their act was so necessary if—
sufficient evidence of that fact is adduced to raise an issue with respect to it, and
the contrary is not proved beyond reasonable doubt.
The head of each intelligence service must ensure that the service has in place arrangements designed to ensure that acts of a member of the service to which a provision of Schedule 4 applies are necessary for the proper exercise of a function of the service.
The Defence Council must ensure that the armed forces have in place arrangements designed to ensure that acts of— to which a provision of Schedule 4 applies are necessary for the proper exercise of a function of the armed forces relating to intelligence.
a member of the armed forces, or
a civilian subject to service discipline when working in support of a member of the armed forces,
The arrangements which must be in place by virtue of subsection (4) or (5) must be arrangements which the Secretary of State considers to be satisfactory.
In this section—
In the case of protective offences, a person does not commit an offence under this Part by reference to such an offence if—
he falls within the protected category; and
he is the person in respect of whom the protective offence was committed or would have been if it had been committed.
“Protective offence” means an offence that exists (wholly or in part) for the protection of a particular category of persons (“the protected category”).
Section 44 does not apply to an offence under section 2(1) of the Suicide Act 1961 or section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (offence of encouraging or assisting suicide).
Section 44 does not apply to an offence under section 184(1) of the Online Safety Act 2023 (offence of encouraging or assisting serious self-harm).
If a person (D) knows or believes that what he anticipates might take place wholly or partly in England or Wales, he may be guilty of an offence under section 44, 45 or 46 no matter where he was at any relevant time.
If it is not proved that D knows or believes that what he anticipates might take place wholly or partly in England or Wales, he is not guilty of an offence under section 44, 45 or 46 unless paragraph 1, 2 or 3 of Schedule 4 applies.
A reference in this section (and in any of those paragraphs) to what D anticipates is to be read as follows—
in relation to an offence under section 44 or 45, it refers to the act which would amount to the commission of the anticipated offence;
in relation to an offence under section 46, it refers to an act which would amount to the commission of any of the offences specified in the indictment.
In their application to Northern Ireland, this section and Schedule 4 have effect as if references to— were references to Northern Ireland.
England or Wales; and
England and Wales;
Nothing in this section or Schedule 4 restricts the operation of any enactment by virtue of which an act constituting an offence under this Part is triable under the law of England and Wales or Northern Ireland.
in England and Wales, except by, or with the consent of, the Attorney General; or
No proceedings for an offence triable by reason of any provision of Schedule 4 may be instituted—
in Northern Ireland, except by, or with the consent of, the Advocate General for Northern Ireland.
Subsection (1) does not apply to an offence under this Part to which section 10 of the Bribery Act 2010 applies by virtue of section 54(1) and (2) below (encouraging or assisting bribery).
Any provision to which this section applies has effect with respect to an offence under this Part as it has effect with respect to the anticipated offence.
This section applies to provisions made by or under an enactment (whenever passed or made) that—
provide that proceedings may not be instituted or carried on otherwise than by, or on behalf or with the consent of, any person (including any provision which also makes exceptions to the prohibition);
confer power to institute proceedings;
confer power to seize and detain property;
confer a power of forfeiture, including any power to deal with anything liable to be forfeited.
In relation to an offence under section 46—
the reference in subsection (1) to the anticipated offence is to be read as a reference to any offence specified in the indictment; and
each of the offences specified in the indictment must be an offence in respect of which the prosecutor has power to institute proceedings.
Any consent to proceedings required as a result of this section is in addition to any consent required by section 53.
No proceedings for an offence under this Part are to be instituted against a person providing information society services who is established in an EEA State ... unless the derogation condition is satisfied.
The derogation condition is satisfied where the institution of proceedings—
is necessary to pursue the public interest objective;
relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to it; and
is proportionate to that objective.
The public interest objective is public policy.
In this section “information society services” has the same meaning as in section 34, and subsection (7) of that section applies for the purposes of this section as it applies for the purposes of that section.
An offence under section 44 or 45 is triable in the same way as the anticipated offence.
An offence under section 46 is triable on indictment.
In proceedings for an offence under this Part (“the inchoate offence”) the defendant may be convicted if—
it is proved that he must have committed the inchoate offence or the anticipated offence; but
it is not proved which of those offences he committed.
For the purposes of this section, a person is not to be treated as having committed the anticipated offence merely because he aided, abetted, counselled or procured its commission.
In relation to an offence under section 46, a reference in this section to the anticipated offence is to be read as a reference to an offence specified in the indictment.
If in proceedings on indictment for an offence under section 44 or 45 a person is not found guilty of that offence by reference to the specified offence, he may be found guilty of that offence by reference to an alternative offence.
If in proceedings for an offence under section 46 a person is not found guilty of that offence by reference to any specified offence, he may be found guilty of that offence by reference to one or more alternative offences.
If in proceedings for an offence under section 46 a person is found guilty of the offence by reference to one or more specified offences, he may also be found guilty of it by reference to one or more other alternative offences.
For the purposes of this section, an offence is an alternative offence if—
it is an offence of which, on a trial on indictment for the specified offence, an accused may be found guilty; or
it is an indictable offence, or one to which section 40 of the Criminal Justice Act 1988 (c. 33) applies (power to include count for common assault etc. in indictment), and the condition in subsection (5) is satisfied.
The condition is that the allegations in the indictment charging the person with the offence under this Part amount to or include (expressly or by implication) an allegation of that offence by reference to it.
Subsection (4)(b) does not apply if the specified offence, or any of the specified offences, is murder or treason.
In the application of subsection (5) to proceedings for an offence under section 44, the allegations in the indictment are to be taken to include an allegation of that offence by reference to the offence of attempting to commit the specified offence.
Section 49(4) applies to an offence which is an alternative offence in relation to a specified offence as it applies to that specified offence.
In this section—
in relation to a person charged with an offence under section 44 or 45, “the specified offence” means the offence specified in the indictment as the one alleged to be the anticipated offence;
in relation to a person charged with an offence under section 46, “specified offence” means an offence specified in the indictment (within the meaning of subsection (4) of that section), and related expressions are to be read accordingly.
A person arraigned on an indictment for an offence under this Part may plead guilty to an offence of which he could be found guilty under this section on that indictment.
This section applies to an indictment containing more than one count as if each count were a separate indictment.
This section is without prejudice to—
section 6(1)(b) and (3) of the Criminal Law Act 1967 (c. 58);
section 6(1)(b) and (2) of the Criminal Law Act (Northern Ireland) 1967 (c. 18).
Subsections (2) and (3) apply if—
a person is convicted of an offence under section 44 or 45; or
a person is convicted of an offence under section 46 by reference to only one offence (“the reference offence”).
If the anticipated or reference offence is murder, he is liable to imprisonment for life.
In any other case he is liable to any penalty for which he would be liable on conviction of the anticipated or reference offence.
Subsections (5) to (7) apply if a person is convicted of an offence under section 46 by reference to more than one offence (“the reference offences”).
If one of the reference offences is murder, he is liable to imprisonment for life.
If none of the reference offences is murder but one or more of them is punishable with imprisonment, he is liable—
to imprisonment for a term not exceeding the maximum term provided for any one of those offences (taking the longer or the longest term as the limit for the purposes of this paragraph where the terms provided differ); or
to a fine.
In any other case he is liable to a fine.
Subsections (3), (6) and (7) are subject to any contrary provision made by or under—
an Act; or
Northern Ireland legislation.
In the case of an offence triable either way, the reference in subsection (6) to the maximum term provided for that offence is a reference to the maximum term so provided on conviction on indictment.
The common law offence of inciting the commission of another offence is abolished.
Schedule 5 (which amends enactments relating to service law) has effect.
The Police and Justice Act 2006 (c. 48) is amended as follows.
In section 35 (unauthorised access to computer material), omit subsection (2).
In section 36 (unauthorised acts with intent to impair operation of computer, etc.), in the section to be substituted for section 3 of the Computer Misuse Act 1990 (c. 18)—
in subsection (2)—
at the end of paragraph (b), insert “ or ”; and
omit paragraph (d) and the word “or” preceding it;
in subsection (3) for “to (d)” substitute “ to (c) ”.
In section 38 (transitional and saving provision), omit subsection (1).
In Schedule 14 (minor and consequential amendments), omit paragraphs 19(2) and 29(2).
In section 18 of the Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19) (no individual liability for offences under that Act) after subsection (1) insert—
In the provisions listed in Part 1 of Schedule 6, any reference however expressed to (or to conduct amounting to) the offence abolished by section 59 has effect as a reference to (or to conduct amounting to) the offences under this Part.
Part 2 of Schedule 6 contains other minor and consequential amendments.
The Secretary of State may by order amend Part 1 of Schedule 6 as it applies to England and Wales by adding or removing a provision.
The Department of Justice in Northern Ireland may by order amend Part 1 of Schedule 6 as it applies to Northern Ireland by adding or removing a provision.
A reference in this Part to encouraging or assisting the commission of an offence is to be read in accordance with section 47.
A reference in this Part to a person's doing an act that is capable of encouraging the commission of an offence includes a reference to his doing so by threatening another person or otherwise putting pressure on another person to commit the offence.
A reference in this Part to a person's doing an act that is capable of encouraging or assisting the commission of an offence includes a reference to his doing so by—
taking steps to reduce the possibility of criminal proceedings being brought in respect of that offence;
failing to take reasonable steps to discharge a duty.
But a person is not to be regarded as doing an act that is capable of encouraging or assisting the commission of an offence merely because he fails to respond to a constable's request for assistance in preventing a breach of the peace.
If a person (D1) arranges for a person (D2) to do an act that is capable of encouraging or assisting the commission of an offence, and D2 does the act, D1 is also to be treated for the purposes of this Part as having done it.
A reference in this Part to an act includes a reference to a course of conduct, and a reference to doing an act is to be read accordingly.
A public authority may, for the purposes of preventing fraud or a particular kind of fraud, disclose information as a member of a specified anti-fraud organisation or otherwise in accordance with any arrangements made by such an organisation.
The information—
may be information of any kind; and
may be disclosed to the specified anti-fraud organisation, any members of it or any other person to whom disclosure is permitted by the arrangements concerned.
Disclosure under this section does not breach—
any obligation of confidence owed by the public authority disclosing the information; or
any other restriction on the disclosure of information (however imposed).
But nothing in this section authorises any disclosure of information which—
contravenes the data protection legislation; or
is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section does not limit the circumstances in which information may be disclosed apart from this section.
In this section—
A person (“B”) commits an offence, subject as follows, if—
B discloses protected information which has been disclosed by a public authority—
as a result of the public authority being a member of a specified anti-fraud organisation; or
otherwise in accordance with any arrangements made by such an organisation;
the information—
has been so disclosed by the public authority to B; or
has come into B's possession as a result (whether directly or indirectly) of such a disclosure by the public authority to another person; and
B knows or suspects, or has reasonable grounds for suspecting, that the information is information of the kind mentioned in paragraphs (a) and (b).
Subsection (1) does not apply to a disclosure made by B— but it does apply to a disclosure made by B which does not fall within paragraphs (a) to (d) above but which (but for the offence) would have been permitted by a power conferred by an enactment.
where B is acting (whether as an employee or otherwise) on behalf of the person to whom the information was disclosed by the public authority concerned and the disclosure by B is to another person acting (whether as an employee or otherwise) on behalf of that person;
for the purposes of the detection, investigation or prosecution of an offence in the United Kingdom;
with the consent of the public authority concerned; or
in pursuance of an assimilated obligation or a duty imposed by an enactment;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
which has been disclosed by a relevant public authority; and
whose subject-matter is a matter about which provision would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament;
It is a defence for a person charged with an offence under this section to prove that the person reasonably believed—
that the disclosure was lawful; or
that the information had already and lawfully been made available to the public.
In this section “protected information” means—
any revenue and customs information disclosed by Revenue and Customs and revealing the identity of the person to whom it relates; or
any specified information disclosed by a specified public authority.
For the purposes of this section—
“revenue and customs information” means information about, acquired as a result of or held in connection with the exercise of a function of the Commissioners of Revenue and Customs or an officer of Revenue and Customs in respect of a person;
revenue and customs information reveals a person's identity if—
it specifies his identity; or
his identity can be deduced from it; and
revenue and customs information relates to a person if he is the person in respect of whom the function mentioned in paragraph (a) is exercised.
In this section—
“civil proceedings” means civil proceedings of whatever nature and whether brought in the United Kingdom or elsewhere;
A serious crime prevention order may be made by the High Court in England and Wales—
A serious crime prevention order may be made by the Crown Court in England and Wales—
only on an application by—
the Director of Public Prosecutions,
the Director of the Serious Fraud Office, or
the chief officer of police of a police force in England and Wales, and
in the case of an application by the chief officer of police of such a police force, only if—
it is an application for an order under section 19 or 19A that is terrorism-related (see section 8A), and
the chief officer has consulted the Director of Public Prosecutions.
A serious crime prevention order may be made by a court or sheriff in Scotland—
only on an application by—
the Lord Advocate, or
the chief constable of the Police Service of Scotland, and
in the case of an application by the chief constable, only if—
it is an application for an order under section 1 that is terrorism-related (see section 8A),
the chief constable has consulted the Lord Advocate, and
it is an application made to the Court of Session (and not to the sheriff).
A serious crime prevention order may be made by a court in Northern Ireland—
only on an application by—
the Director of Public Prosecutions for Northern Ireland, or
the Chief Constable of the Police Service of Northern Ireland, and
in the case of an application by the Chief Constable, only if—
it is an application for an order under section 1 that is terrorism-related (see section 8A), and
the Chief Constable has consulted the Director of Public Prosecutions for Northern Ireland.
recovering, forfeiting or freezing assets constituting proceeds of crime; or
A person who commits an offence under section 69 is liable—
on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
A prosecution for an offence under section 69 may be begun in England and Wales only by or with the consent of the Director of Public Prosecutions
in the case of revenue and customs information disclosed by Revenue and Customs—
by the Director of Revenue and Customs Prosecutions; or
with the consent of the Director of Public Prosecutions; and
in any other case, with the consent of the Director of Public Prosecutions.
A prosecution for an offence under section 69 may be begun in Northern Ireland only—
in the case of revenue and customs information disclosed by Revenue and Customs—
by the Commissioners of Revenue and Customs; or
with the consent of the Director of Public Prosecutions for Northern Ireland; and
in any other case, with the consent of the Director of Public Prosecutions for Northern Ireland.
If an offence under section 69 committed by a body corporate or a partnership is proved to have been committed with the consent or connivance of— he (as well as the body corporate or partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.
an officer of the body corporate or (as the case may be) a partner or a senior officer of the partnership; or
a person who was purporting to act in any such capacity;
In the application of subsection (1)(a) in Northern Ireland, the reference to 12 months is to be read as a reference to 6 months.
In this section—
In the application of subsection (1)(a) in England and Wales, the reference to 12 months is to be read as a reference to the general limit in a magistrates’ court subject to paragraph 8 of Schedule 13.
The Secretary of State must prepare, and keep under review, a code of practice with respect to the disclosure, for the purposes of preventing fraud or a particular kind of fraud, of information by public authorities as members of specified anti-fraud organisations or otherwise in accordance with any arrangements made by such organisations.
Before preparing or altering the code, the Secretary of State must consult—
any specified anti-fraud organisation;
the Information Commissioner; and
such other persons as the Secretary of State considers appropriate.
A public authority must have regard to the code in (or in connection with) disclosing information, for the purposes of preventing fraud or a particular kind of fraud, as a member of a specified anti-fraud organisation or otherwise in accordance with any arrangements made by such an organisation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State must—
lay a copy of the code, and of any alterations to it, before Parliament; and
from time to time publish the code as for the time being in force.
In this section—
In Schedule 3 to the Data Protection Act 1998 (c. 29) (conditions for processing sensitive personal data), after paragraph 7, insert—
Schedule 7 (which makes provision about data matching) has effect.
The Assets Recovery Agency and the corporation sole that is its Director shall cease to exist on such day as the Secretary of State may by order appoint.
The following Parts of Schedule 8 (abolition of Assets Recovery Agency and its Director) have effect—
Part 1 (abolition of confiscation functions);
Part 2 (transfer to SOCA and prosecution authorities of civil recovery functions);
Part 3 (transfer to SOCA of Revenue functions and power to abolish those functions);
Part 4 (transfer of investigation functions);
Part 5 (transfer of accreditation and training functions to National Policing Improvement Agency);
Part 6 (other amendments to the Proceeds of Crime Act 2002 (c. 29)); and
Part 7 (amendments to other enactments).
Schedule 9 (which makes provision about the transfer of the Director and staff of the Agency, and property, rights and liabilities of the Director and the Agency, to SOCA and the National Policing Improvement Agency) has effect.
In this section and Schedules 8 and 9 “SOCA” means the Serious Organised Crime Agency.
After section 341(3) of the Proceeds of Crime Act 2002 (types of investigation to which Part 8 applies) insert—
In section 345(2) of that Act (investigations in respect of which production orders may be made), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.
In section 346(2) of that Act (reasonable suspicion requirement for making a production order), after paragraph (b), insert—.
In section 380(3) of that Act (investigations in respect of which production orders may be made in Scotland), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.
In section 381(2) of that Act (reasonable suspicion requirement for making a production order in Scotland), after paragraph (b), insert—.
In section 352(2) of the Proceeds of Crime Act 2002 (c. 29) (investigations in respect of which a search and seizure warrant may be issued), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.
In section 353(2) of that Act (reasonable suspicion grounds for warrant where no production order), after paragraph (b), insert—.
After section 353(7) of that Act (types of material in respect of which warrant may be issued where no production order) insert—
In section 387(3) of that Act (investigations in respect of which a search warrant may be issued in Scotland), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.
In section 388(2) of that Act (reasonable suspicion grounds for issue of warrant in Scotland where no production order), after paragraph (b), insert—.
After section 388(7) of that Act (types of material in respect of which warrant may be issued in Scotland where no production order) insert—
Schedule 10 (which makes further provision about detained cash investigations) has effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 45(1) of the Proceeds of Crime Act 2002 (c. 29) (seizure of property to which restraint order applies: England and Wales) after “constable” insert “, an accredited financial investigator”.
After section 45(2) of that Act insert—
In section 194(1) of that Act (seizure of property to which restraint order applies: Northern Ireland) after “constable” insert “, an accredited financial investigator”.
After section 194(2) of that Act insert—
Schedule 11 (which gives accredited financial investigators powers to recover cash under Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 (c. 29) and makes related amendments) has effect.
In section 352(5) of the Proceeds of Crime Act 2002 (search and seizure warrants in connection with confiscation, money laundering and detained cash investigations etc.)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in paragraph (c) (as inserted by Schedule 10 to this Act), after “constable” insert “ , an accredited financial investigator ”.
After section 352(6) of that Act insert—
In section 353(10) of that Act (requirements in relation to search and seizure warrants)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in paragraph (c) (as inserted by Schedule 10 to this Act), after “constable” insert “ , an accredited financial investigator ”.
After section 353(10) of that Act insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 378(3A) of that Act (as inserted by Schedule 10 to this Act) (meaning of “officers” for purposes of Part 8 in relation to detained cash investigations) after paragraph (a) insert—.
After section 378(3A) of that Act (as inserted by Schedule 10 to this Act) insert—
In section 453(2) of the Proceeds of Crime Act 2002 (c. 29) (power to modify references to accredited financial investigators)—
after “may” insert “ , in particular, ”; and
after “person” insert “ or by reference to particular types of training undertaken ”.
After section 453 of that Act insert—
After section 49(8) of the Proceeds of Crime Act 2002 (c. 29) (opportunity for persons to make representations before powers conferred on management receivers to manage or otherwise deal with property: England and Wales) insert—
After section 51(8) of that Act (opportunity for persons to make representations before powers conferred on enforcement receivers to manage or otherwise deal with property: England and Wales) insert—
After section 197(8) of that Act (opportunity for persons to make representations before powers conferred on management receivers to manage or otherwise deal with property: Northern Ireland) insert—
After section 199(8) of that Act (opportunity for persons to make representations before powers conferred on enforcement receivers to manage or otherwise deal with property: Northern Ireland) insert—
After section 245D of the Proceeds of Crime Act 2002 (property freezing orders) insert—
In sections 273(4)(b) and 277(7)(b) of that Act (recovery orders and consent orders: recovery of costs of pension scheme trustees or managers) after “enforcement authority,” insert “ receiver appointed under section 245E, ”.
In paragraph 1 of Schedule 10 to that Act (disapplication of special income tax and capital gains tax rules for receivers), after paragraph (c), insert—.
After section 302 of the Proceeds of Crime Act 2002 (c. 29) (recovery of cash in summary proceedings: compensation) insert—
After section 2C(3) of that Act (prosecuting authorities) (as inserted by Schedule 8 to this Act) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies to information held as mentioned in section 18(1) of the Commissioners for Revenue and Customs Act 2005 (c. 11) (confidentiality).
Information to which this section applies may be disclosed by or with the authority of the Commissioners of Revenue and Customs—
to the Criminal Assets Bureau in Ireland (“the CAB”) for the purpose of enabling or assisting the CAB to exercise any of its functions in connection with any matter within subsection (3); or
to any specified public authority (in the United Kingdom or elsewhere)—
for the purpose of enabling or assisting the public authority to exercise any of its functions in connection with any matter within subsection (3); or
(if the specifying order so provides) for the purpose of enabling or assisting the public authority to exercise any of its functions in connection with any matter within that subsection that is specified, or of a description specified, in the order.
The matters within this subsection are—
the identification of proceeds of crime;
the bringing of civil proceedings for enforcement purposes in relation to proceeds of crime; and
the taking of other action in relation to proceeds of crime.
Information disclosed in accordance with subsection (2) must not be further disclosed except—
in connection with the exercise of any of the functions of the CAB or a specified public authority in connection with any matter within subsection (3) (or, in a subsection (2)(b)(ii) case, any such matter as is mentioned there); and
with the consent of the Commissioners of Revenue and Customs or an authorised officer of the Commissioners of Revenue and Customs.
For the purposes of this section any consent or authorisation may be general or specific.
If a person in the United Kingdom discloses, in contravention of subsection (4), any revenue and customs information relating to a person whose identity— section 19 of the 2005 Act (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.
is specified in the disclosure; or
can be deduced from it;
Any reference in this section to a disclosure to the CAB or a specified public authority is a reference to a disclosure to such person, or to persons of such description, as may be specified in relation to the CAB or the public authority (as the case may be).
Nothing in this section authorises any disclosure of information which—
contravenes the data protection legislation; or
is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
In this section—
In section 387 of the Proceeds of Crime Act 2002 (c. 29) (issue of search warrants in Scotland in connection with certain investigations), after subsection (4), insert—
In section 60(1) of the Criminal Justice and Public Order Act 1994 (c. 33) (powers to authorise stop and search if reasonable belief that there may be incidents involving serious violence etc.), before the word “or” at the end of paragraph (a), insert—.
In section 60(9) of that Act (authorisation must be in writing), at the beginning, insert “ Subject to subsection (9ZA), ”.
After section 60(9) of that Act insert—
In section 60(9A) of that Act (application to British Transport Police)—
after “place” insert “ in England and Wales ”; and
after “2003” insert “ and as if the reference in subsection (1)(aa)(i) above to his police area were a reference to any place falling within section 31(1)(a) to (f) of the Act of 2003 ”.
In section 60(11) of that Act (definitions), in the definition of “offensive weapon”, after “1995” insert “ ; but in subsections (1)(aa), (4), (5) and (6) above and subsection (11A) below includes, in the case of an incident of the kind mentioned in subsection (1)(aa)(i) above, any article used in the incident to cause or threaten injury to any person or otherwise to intimidate ”.
In the heading to section 60 of that Act after “of” insert “ , or after, ”.
Schedule 12 (which makes provision about the regulation of investigatory powers of Her Majesty's Revenue and Customs) has effect.
Any power of the Secretary of Stateor the Treasury to make an order or regulations under this Act is exercisable by statutory instrument.
Any power of the Secretary of State , the Treasury or the Scottish Ministers to make an order or regulations under this Act—
may be exercised so as to make different provision for different cases or descriptions of case or different purposes;
includes power to make such supplementary, incidental, consequential, transitional, transitory or saving provision as the Secretary of State or (as the case may be) the Treasury considers appropriateor the Scottish Ministers consider appropriate.
No order is to be made by statutory instrument under section 4(4), 49(6), 63(3), 69 or 90, or paragraph 102 of Schedule 8, unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament. A statutory instrument containing an order or regulations under any of the following provisions may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament— section 4(4); section 49(6); section 63(3); section 69; section 90; paragraph 2(5)(j) of Schedule 1A; paragraph 102 of Schedule 8.
Subsection (3) does not apply to an order under section 90 which does not amend or repeal any provision of an Act.
An order under section 90 which does not amend or repeal any provision of an Act is subject to annulment in pursuance of a resolution of either House of Parliament.
An order made by the Secretary of State or the Treasury under section 7(1), 24(9), 27(6) or (12),, 27A(7) 28(6) ..., 29, 33, 40, 68 or 85 is subject to annulment in pursuance of a resolution of either House of Parliament.
An order under section 4(4A) is subject to the affirmative procedure.
An order made by the Scottish Ministers under section 7(1A), 27A(7) or (12), 29(1ZA) or (3ZA) or 40 is subject to the negative procedure.
Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
Any power of the Department of Justice to make an order under this Act—
may be exercised so as to make different provision for different cases or descriptions of case or different purposes;
includes power to make such supplementary, incidental, consequential, transitional, transitory or saving provision as the Department considers appropriate.
No order is to be made by the Department of Justice under section 4(5), 49(6) or 63(4) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (9) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
An order made by the Department of Justice under section 7(2), 24(9), 28(6) or (11), 29 or 40 is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
The Secretary of State may by order make such supplementary, incidental or consequential provision as he considers appropriate for the general purposes, or any particular purpose, of this Act or in consequence of any provision made by or under this Act or for giving full effect to this Act or any such provision.
The power conferred by this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (including this Act and any Act passed in the same Session as this Act).
The power conferred by this section does not include the power to make provision which would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.
Schedule 13 (transitional and transitory provisions and savings) has effect.
The Secretary of State may by order make such transitional, transitory or saving provision as he considers appropriate in connection with the coming into force of any provision of this Act (other than the provisions specified in section 94(4)).
The Scottish Ministers may by order make such transitional, transitory or saving provision as they consider appropriate in connection with the coming into force of the provisions of this Act specified in section 94(4).
Schedule 14 (which contains repeals and revocations) has effect.
The following provisions extend to England and Wales only—
section 78(1) and (2);
section 82(1) and (2);
section 87; and
Parts 1 and 2 of Schedule 7 and section 73 so far as relating to those Parts.
The following provisions extend to England and Wales and Northern Ireland only—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 2 (including Schedules 3 and 4 and Part 1 of Schedule 6) but excluding sections 60 and 61, Schedule 5 and Part 2 of Schedule 6;
section 75(2) and (3);
section 76(1) to (3);
section 80;
section 81(2); and
section 83(1) and (2).
The following provisions extend to Scotland only—
section 68(5) and (6);
section 69(3);
section 71(4);
section 75(4) and (5);
section 76(4) to (6); and
section 86.
The following provisions extend to Northern Ireland only—
section 78(3) and (4);
section 82(3) and (4); and
Part 3 of Schedule 7 and section 73 so far as relating to that Part.
Any provision of section 61 or Part 2 of Schedule 6 (and any corresponding entry in Schedule 14) has the same extent as the enactment amended, repealed or revoked by it except that—
it does not extend to Scotland; and
paragraph 53 of Schedule 6 does not extend to Northern Ireland.
Any amendment, repeal or revocation by Schedule 5, 8, 10 or 14 of an enactment has (subject to subsection (5)) the same extent as the enactment amended, repealed or revoked.
Subject as above, this Act extends to England and Wales, Scotland and Northern Ireland.
The preceding provisions of this Act (other than sections 89, 90, 91(2) and (3) and 93 and the provisions specified in subsection (4) but, subject to this, including the Schedules) come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.
The Secretary of State must consult the Scottish Ministers before making an order under subsection (1) in relation to—
section 75(1);
paragraph 2 of Schedule 10; or
paragraph 24 of that Schedule.
The provisions of this Act specified in subsection (4) come into force on such day as the Scottish Ministers may by order appoint; and different days may be appointed for different purposes.
Those provisions are—
section 75(4) and (5);
section 76(4) to (6);
section 86;
paragraphs 14 to 23 and, so far as extending to Scotland, paragraph 25 of Schedule 10; and
so far as relating to the provisions falling within paragraph (d) above, paragraph 1 of that Schedule and section 77.
This Act may be cited as the Serious Crime Act 2007.
Sections 2 and 3
“act” and “conduct” include omissions and statements;
An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)— An offence under any of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971— An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990 (c. 5)—
An offence under section 33A of the Sexual Offences Act 1956 (c. 69) (keeping a brothel used for prostitution). An offence under any of the following provisions of the Sexual Offences Act 2003 (c. 42)—
An offence under section 17 of the Theft Act 1968 (c. 60) (false accounting). An offence under any of the following provisions of the Fraud Act 2006 (c. 35)— An offence under section 199 of the Economic Crime and Corporate Transparency Act 2023 (failure to prevent fraud offences). An offence at common law of conspiracy to defraud.
An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981 (c. 45)—
section 14 (making counterfeit notes or coins);
section 15 (passing etc. counterfeit notes or coins);
section 16 (having custody or control of counterfeit notes or coins);
section 17 (making or having custody or control of counterfeiting materials or implements).
An offence under section 1 of the Salmon and Freshwater Fisheries Act 1975 (c. 51) (fishing ...with prohibited implements etc.). An offence under section 14 of the Wildlife and Countryside Act 1981 (c. 69) (introduction of new species etc.). An offence under section 33 of the Environmental Protection Act 1990 (c. 43) (prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste). An offence under paragraph 1(2) of Schedule 1 to the Control of Trade in Endangered Species Regulations 2018 (S.I. 2018/703). An offence under paragraph 2 of that Schedule which consists of the conduct specified in the table in that paragraph as the subject matter of Article 16(1)(c) or (d) of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein.
Where this Part of this Schedule refers to offences which are offences under the law of England and Wales and another country, the reference is to be read as limited to the offences so far as they are offences under the law of England and Wales.
An offence under section 4 of the Offences against the Person Act 1861 (solicitation etc. of murder).
An offence under section 1 of the Incitement to Disaffection Act 1934 (endeavouring to seduce members of HM forces from their duty or allegiance).
In section 93 of the Police Act 1997 (authorisations to interfere with property, &c.)—
in subsection (1B) for “customs officer” substitute “an officer of Revenue and Customs”;
in subsection (3)(d) for “a customs officer” substitute “an officer of Revenue and Customs”; and
for subsection (5)(h) substitute—.
Nothing in any provision of Part 2 affects the operation of— in relation to offences committed wholly or partly before the commencement of the provision in Part 2 concerned. For the purposes of sub-paragraph (1), an offence is partly committed before commencement if— In this paragraph “relevant event”, in relation to an offence, means any act or other event (including any consequence of an act) proof of which is required for conviction of the offence.
“country” includes territory;
An offence under section 21 of that Act (attempting to choke etc. in order to commit or assist in the committing of any indictable offence) so far as it may be committed with the intention of enabling any other person to commit, or assisting any other person in the commission of, an indictable offence.
In section 94(2)(f) of that Act (urgency) for “by a customs officer designated by the Commissioners of Customs and Excise” substitute “by an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated by the Commissioners for Her Majesty’s Revenue and Customs”.
This paragraph applies where, in any proceedings— For the purpose of determining D’s guilt it shall be conclusively presumed that the time when the act took place was before the coming into force of section 44.
An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing of any indictable offence) so far as it may be committed with the intention of enabling any other person to commit, or assisting any other person in the commission of, an indictable offence.
In section 107(4)(c) of that Act (supplementary) for “the Commissioners of Customs and Excise.” substitute “the Commissioners for Her Majesty’s Revenue and Customs.”
In relation to any time before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), the reference in section 53(b) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.
But references in paragraphs 2 and 3 to any other person do not include reference to the person whose act is capable of encouraging or assisting the commission of the offence under section 21 or, as the case may be, section 22 of that Act.
In section 108(1) of that Act (interpretation) omit the definition of “customs officer”.
An offence under any of the following provisions of the Psychoactive Substances Act 2016—
section 4 (producing a psychoactive substance);
section 5 (supplying, or offering to supply, a psychoactive substance);
section 7 (possession of psychoactive substance with intent to supply);
section 8 (importing or exporting a psychoactive substance).
An offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour).
An offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008 (offences to which Part 4 of that Act applies: terrorism offences).
An offence under any of the following provisions of the Computer Misuse Act 1990—
section 1 (unauthorised access to computer material);
section 2 (unauthorised access with intent to commit or facilitate commission of further offences);
section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer etc );
section 3ZA (unauthorised acts causing, or creating risk of, serious damage to human welfare etc );
section 3A (making, supplying or obtaining articles for use in offence under section 1, 3 or 3ZA).
An offence under section 45 of the Serious Crime Act 2015 (participating in activities of organised crime group).
An offence under an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation. An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution. An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders). An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule. An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008. An offence under regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018. In this paragraph—
An offence under any of the following provisions of the Psychoactive Substances Act 2016—
section 4 (producing a psychoactive substance);
section 5 (supplying, or offering to supply, a psychoactive substance);
section 7 (possession of psychoactive substance with intent to supply);
section 8 (importing or exporting a psychoactive substance).
An offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008 (offences to which Part 4 of that Act applies: terrorism offences).
An offence under any of the following provisions of the Computer Misuse Act 1990—
section 1 (unauthorised access to computer material);
section 2 (unauthorised access with intent to commit or facilitate commission of further offences);
section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer etc );
section 3ZA (unauthorised acts causing, or creating risk of, serious damage to human welfare etc );
section 3A (making, supplying or obtaining articles for use in offence under section 1, 3 or 3ZA).
An offence under an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation. An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution. An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders). An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule. An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008. An offence under regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018. In this paragraph—
An offence under any of the following provisions of the Misuse of Drugs Act 1971— An offence under any of the following provisions of the Customs and Excise Management Act 1979 if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971— An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990—
An offence under any of the following provisions of the Psychoactive Substances Act 2016—
section 4 (producing a psychoactive substance);
section 5 (supplying, or offering to supply, a psychoactive substance);
section 7 (possession of psychoactive substance with intent to supply);
section 8 (importing or exporting a psychoactive substance).
An offence under section 25 or 25A of the Immigration Act 1971 (assisting unlawful immigration etc). An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation).
An offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008 (offences to which Part 4 of that Act applies: terrorism offences).
An offence under any of the following provisions of the Firearms Act 1968— An offence under either of the following provisions of the Customs and Excise Management Act 1979 if it is committed in connection with a firearm or ammunition— In sub-paragraph (2) “firearm” and “ammunition” have the same meanings as in section 57 of the Firearms Act 1968.
An offence under any of the following provisions of the Criminal Law Consolidation (Scotland) Act 1995— An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc). An offence under any of the following provisions of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005— An offence under section 51(2) of the Civic Government (Scotland) Act 1982 (obscene material).
An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010— An offence aggravated by a connection with serious organised crime as mentioned in section 29(1) of the Criminal Justice and Licensing (Scotland) Act 2010 (offences aggravated by connection with serious organised crime).
An offence under any of the following provisions of the Proceeds of Crime Act 2002—
section 327 (concealing etc criminal property);
section 328 (facilitating the acquisition etc of criminal property by or on behalf of another);
section 329 (acquisition, use and possession of criminal property).
An offence under section 170 of the Customs and Excise Management Act 1979 (fraudulent evasion of duty etc) so far as not falling within paragraph 16A(2)(c) or 16C(2)(b) above. An offence under section 72 of the Value Added Tax Act 1994 (fraudulent evasion of VATetc). An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax). An offence under section 35 of the Tax Credits Act 2002 (tax credit fraud). An offence under section 45 or 46 of the Criminal Finances Act 2017 (failure to prevent the facilitation of UK tax evasion offences or foreign tax evasion offences).
An offence under any of the following provisions of the Bribery Act 2010—
section 1 (offences of bribing another person);
section 2 (offences relating to being bribed);
section 6 (bribery of foreign public officials).
An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981—
section 14 (making counterfeit notes or coins);
section 15 (passing etc counterfeit notes or coins);
section 16 (having custody or control of counterfeit notes or coins);
section 17 (making or having custody or control of counterfeiting materials or implements).
An offence under section 12(1) or (2) of the Gangmasters (Licensing) Act 2004 (acting as a gangmaster other than under the authority of a licence, possession of false documents, etc). An offence under section 199 of the Economic Crime and Corporate Transparency Act 2023 (failure to prevent fraud offences). Fraud. Conspiracy to defraud. Theft. Extortion. Assault and robbery.
An offence under any of the following provisions of the Computer Misuse Act 1990—
section 1 (unauthorised access to computer material);
section 2 (unauthorised access with intent to commit or facilitate commission of further offences);
section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer etc);
section 3ZA (unauthorised acts causing, or creating risk of, serious damage to human welfare etc);
section 3A (making, supplying or obtaining articles for use in offence under section 1, 3 or 3ZA).
An offence under section 297A of the Copyright, Designs and Patents Act 1988 (making or dealing etc in unauthorised decoders). An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (unauthorised use of trade mark etc).
An offence under any of the following provisions of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003— An offence under section 14 of the Wildlife and Countryside Act 1981 (introduction of new species etc). An offence under section 33 of the Environmental Protection Act 1990 (prohibition on unauthorised or harmful deposit, treatment or disposal etc of waste). An offence under paragraph 1(2) of Schedule 1 to the Control of Trade in Endangered Species Regulations 2018 (S.I. 2018/703). An offence under paragraph 2 of that Schedule which consists of the conduct specified in the table in that paragraph as the subject matter of Article 16(1)(c) or (d) of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein.
An offence under an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation. An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution. An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders). An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule. An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008. An offence under regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018. In this paragraph—
An offence of attempting or conspiring to commit an offence specified or described in this Part of this Schedule.
This Part of this Schedule has effect, in its application to conduct before the coming into force of this Part, as if the offences specified or described in this Part included any corresponding offences under the law in force at the time of the conduct.
Where this Part of this Schedule refers to offences which are offences under the law of Scotland and another country, the reference is to be read as limited to the offences so far as they are offences under the law of Scotland.
Section 37
Section 21 of the Commissioners for Revenue and Customs Act 2005 (disclosure to prosecuting authority) has effect as if the purpose mentioned in subsection (1)(b) included the purpose of enabling the Director to exercise the Director’s functions under this Part.
The functions of the Director General of the National Crime Agency under this Part are—
to have the conduct of applications for serious crime prevention orders and interim serious crime prevention orders in England and Wales or for their variation or discharge,
to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order or an interim serious crime prevention order in England and Wales,
to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders or interim serious crime prevention orders (whether proceedings on appeal, by virtue of section 27 or otherwise),
to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders or interim serious crime prevention orders, and
to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).
The functions of the Commissioners for His Majesty’s Revenue and Customs under this Part are—
to have the conduct of applications for serious crime prevention orders and interim serious crime prevention orders in England and Wales or for their variation or discharge,
to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order or an interim serious crime prevention order in England and Wales,
to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders or interim serious crime prevention orders (whether proceedings on appeal, by virtue of section 27 or otherwise),
to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders or interim serious crime prevention orders, and
to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).
The functions of a chief officer of police of a police force in England and Wales (referred to in this paragraph and paragraph 15B as a “chief officer”) are—
to have the conduct of applications for serious crime prevention orders in England and Wales that are terrorism-related or for their variation or discharge;
to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in England and Wales that is terrorism-related;
to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders in England and Wales that are terrorism-related (whether proceedings on appeal, by virtue of section 27 or otherwise);
to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders in England and Wales that are terrorism-related; and
to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).
A chief officer may, to such extent as they may decide, delegate the exercise of their functions under this Part to any police officer of at least the rank of superintendent. References in this Part to a chief officer are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to a chief officer or any police officer of at least the rank of superintendent.
The functions of the Chief Constable of the British Transport Police Force under this Part are—
to have the conduct of applications for serious crime prevention orders and interim serious crime prevention orders in England and Wales or for their variation or discharge,
to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order or an interim serious crime prevention order in England and Wales,
to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders or interim serious crime prevention orders in England and Wales (whether proceedings on appeal, by virtue of section 27 or otherwise),
to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders or interim serious crime prevention orders in England and Wales, and
to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).
The Chief Constable of the British Transport Police Force may, to such extent as they may decide, delegate the exercise of their functions under this Part to any member of the British Transport Police Force of at least the rank of superintendent. References in this Part to the Chief Constable of the British Transport Police Force are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Chief Constable or any member of the British Transport Police Force of at least the rank of superintendent.
The functions of the Chief Constable of the Ministry of Defence Police under this Part are—
to have the conduct of applications for serious crime prevention orders and interim serious crime prevention orders in England and Wales or for their variation or discharge,
to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order or an interim serious crime prevention order in England and Wales,
to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders or interim serious crime prevention orders in England and Wales (whether proceedings on appeal, by virtue of section 27 or otherwise),
to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders or interim serious crime prevention orders in England and Wales, and
to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).
The Chief Constable of the Ministry of Defence Police may, to such extent as they may decide, delegate the exercise of their functions under this Part to any member of the Ministry of Defence Police of at least the rank of superintendent. References in this Part to the Chief Constable of the Ministry of Defence Police are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Chief Constable or any member of the Ministry of Defence Police of at least the rank of superintendent.
The functions of the chief constable of the Police Service of Scotland are—
to have the conduct of applications for serious crime prevention orders in Scotland that are terrorism-related and are made to the Court of Session, or for their variation or discharge;
to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in Scotland that is terrorism-related;
to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders in Scotland that are terrorism-related (whether proceedings on appeal, by virtue of section 27A or otherwise);
to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders in Scotland that are terrorism-related; and
to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).
The chief constable of the Police Service of Scotland (“the chief constable”) may, to such extent as they may decide, delegate the exercise of their functions under this Part to any police officer of at least the rank of superintendent. References in this Part to the chief constable are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the chief constable or any police officer of at least the rank of superintendent.
The functions of the Chief Constable of the Police Service of Northern Ireland are—
to have the conduct of applications for serious crime prevention orders in Northern Ireland that are terrorism-related or for their variation or discharge;
to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in Northern Ireland that is terrorism-related;
to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders in Northern Ireland that are terrorism-related (whether proceedings on appeal, by virtue of section 28 or otherwise);
to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders in Northern Ireland that are terrorism-related; and
to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).
The Chief Constable of the Police Service of Northern Ireland (“the Chief Constable”) may, to such extent as they may decide, delegate the exercise of their functions under this Part to any police officer of at least the rank of superintendent. References in this Part to the Chief Constable are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Chief Constable or any police officer of at least the rank of superintendent.
Section 49(5)
“relevant public authority” has the meaning given by section 68(6); and
An offence under section 97(1) of the Representation of the People Act 1983 (public meetings) consisting in the incitement of others to act in a disorderly manner for the purpose of preventing at a lawful public meeting to which that section applies the transaction of the business for which the meeting was called.
An offence under section 101 of the Reserve Forces Act 1996 (inducing a person to desert or absent himself).
An offence under section 59 of the Terrorism Act 2000 (inciting in England and Wales the commission of acts of terrorism outside the United Kingdom).
In section 6 of the Sexual Offences (Amendment) Act 1992 (interpretation), in subsection (1A) for “incitement” substitute “encouragement and assistance”.
In section 233 of the Criminal Justice Act 2003 (offences under service law), in subsection (2) for “incitement” substitute “encouragement and assistance”.
A transfer scheme may provide for a person who is the Director or a member of staff of the Agency to become an employee of SOCA or NPIA. If the person had a contract of employment before becoming an employee of SOCA or NPIA, the scheme may provide for that contract to have effect (subject to any necessary modifications) as if originally made between him and SOCA or (as the case may be) NPIA. If the person did not have a contract of employment, the scheme may provide for the terms and conditions of his appointment or service to have effect (subject to any necessary modifications) as the terms and conditions of his contract of employment with SOCA or (as the case may be) NPIA.
A transfer scheme may provide— The scheme may make provision as to the terms and conditions which are to have effect as the terms and conditions of his secondment to SOCA or (as the case may be) NPIA.
A transfer scheme may provide— Sub-paragraph (1) applies with the necessary modifications in relation to a person who before becoming a member of the staff of SOCA or NPIA— A transfer scheme may make provision for periods before a person became an employee of SOCA or NPIA to count as periods of employment with SOCA or (as the case may be) NPIA (and for the operation of the scheme not to be treated as having interrupted the continuity of that employment).
A transfer scheme may provide for a person who— not to become a member of the staff of SOCA or (as the case may be) NPIA if he gives notice objecting to the operation of the scheme in relation to him. A transfer scheme may provide for any person who would be treated (whether by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.
A transfer scheme may provide for the termination of an appointment as the Director or a member of staff of the Agency. The Secretary of State may make a payment of such amount (if any) as he may determine to the person who held the appointment.
An offence under section 2(2) of the Cluster Munitions (Prohibitions) Act 2010 (assisting, encouraging or inducing another to engage in conduct mentioned in section 2(1) of that Act).
An offence under section 184(1) of the Online Safety Act 2023 (encouraging or assisting serious self-harm).
An offence under section 18 of the National Security Act 2023.
An offence under section 2(1) of the Suicide Act 1961 (encouraging or assisting suicide).
An offence under section 66F of the Sexual Offences Act 2003 (requesting the creation of purported intimate image of adult).
An offence under section 45 of the Serious Crime Act 2015 (participating in activities of organised crime group).
An offence of conspiracy falling within section 5(2) or (3) of the Criminal Law Act 1977 (c. 45) (forms of conspiracy not affected by abolition of offence of conspiracy at common law).
An attempt under a special statutory provision. Sub-paragraph (1) is to be read with section 3 of the Criminal Attempts Act 1981 (c. 47).
An offence under section 29(a) of the Prison Act (Northern Ireland) 1953 (rescuing or assisting a person sentenced to imprisonment for life, or in lawful custody for an offence carrying that sentence, to escape or attempt to escape) so far as it consists in assisting a person.
An offence under Article 3(1) of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (attempting to commit an offence).
An offence under section 30(a) of that Act (rescuing or assisting a person sentenced to imprisonment for a term less than life, or in lawful custody for an offence carrying such a sentence, to escape or attempt to escape) so far as it consists in assisting a person.
An offence under Article 9(1) of that Order (conspiracy).
An offence under section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (encouraging or assisting suicide).
An offence of conspiracy falling within Article 13(2) or (3) of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13)) (forms of conspiracy not affected by abolition of offence of conspiracy at common law).
Section 52(2)
This paragraph applies if— “Relevant condition” means a condition that—
This paragraph applies if— The condition in sub-paragraph (1)(d) is to be taken to be satisfied unless, not later than rules of court may provide, the defence serve on the prosecution a notice— The court, if it thinks fit, may permit the defence to require the prosecution to show that the condition is satisfied without prior service of a notice under sub-paragraph (2). In the Crown Court, the question whether the condition is satisfied is to be decided by the judge alone. An act punishable under the law in force in any place outside England and Wales constitutes an offence under that law for the purposes of this paragraph, however it is described in that law.
This paragraph applies if— For the purposes of sub-paragraph (1)(c), D is to be assumed to be able to commit the anticipated offence.
In relation to an offence under section 46, a reference in this Schedule to the anticipated offence is to be read as a reference to any of the offences specified in the indictment.
Section 60
Section 63(1) and (2)
Section 30(4) of the Theft Act 1968 (c. 60) (restriction of proceedings against spouses and civil partners).
Section 1B(2) of the Biological Weapons Act 1974 (c. 6) (Revenue and Customs prosecutions).
Section 17(1) of the Industry Act 1975 (c. 68) (no criminal proceedings to lie in respect of contravention of a prohibition order).
Section 7(2)(ix) of the Sexual Offences (Amendment) Act 1976 (c. 82) (meaning of “rape offence” in relation to court martial proceedings).
In the Magistrates' Courts Act 1980 (c. 43)—
section 22(11)(b) (aggregation of value in relation to charges involving two or more scheduled offences);
section 103(2)(d) (written statement of child admissible in committal proceedings for certain offences);
paragraph 2 of Schedule 2 (offences for which the value involved is relevant to the mode of trial).
Article 8(1A) of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I.6)) (driving disqualification where vehicle used for the purposes of crime).
In the Betting and Gaming Duties Act 1981 (c. 63)—
section 9(5) (prohibitions for protection of revenue);
section 9A(4) (prohibitions for protection of revenue: overseas brokers).
In section 32(1) of the Criminal Justice Act 1982 (c. 48) (early release of prisoners)—
paragraph (b)(iv) (imprisonment for excluded offence etc.);
paragraph (c)(iv) (imprisonment for service offence corresponding to excluded offence etc.), inserted by paragraph 94(2) of Schedule 16 to the Armed Forces Act 2006 (c. 52).
Section 80(3)(c) of the Police and Criminal Evidence Act 1984 (c. 60) (compellability of accused’s spouse or civil partner).
Section 49(4) of the Airports Act 1986 (c. 31) (no criminal proceedings to lie in respect of contravention of compliance order).
Section 12(6)(a) of the Outer Space Act 1986 (c. 38) (offences).
Section 30(4) of the Gas Act 1986 (c. 44) (no criminal proceedings to lie in respect of contravention of final or provisional order).
Section 7(1) of the Public Order Act 1986 (c. 64) (consent of DPP to prosecution).
Section 2(3)(ba) of the Ministry of Defence Police Act 1987 (c. 4) (jurisdiction of members of MoD police).
In the Road Traffic Offenders Act 1988 (c. 53)—
section 28(2) (penalty points to be attributed to an offence);
section 34(5) (disqualification for certain offences);
section 35(5A) (disqualification for repeated offences).
Paragraph 2(a) of Schedule 1 to the Football Spectators Act 1989 (c. 37) (offences).
Article 79(3)(c) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)) (compellability of accused’s spouse or civil partner).
In the Aviation and Maritime Security Act 1990 (c. 31)—
section 11(3)(b) (destroying ships or fixed platforms or endangering their safety);
section 15(2)(c) (master’s power of delivery).
In the Criminal Justice Act 1991 (c. 53)—
section 53(7) (cases involving children in which notice of transfer may be given);
section 86A(4) (offences in respect of which prisoner custody officers have powers in relation to persons other than prisoners).
In the Sexual Offences (Amendment) Act 1992 (c. 34)—
subsections (1)(g) and (3)(k) of section 2 (offences to which Act applies);
section 6(2A) (person who is to be treated as person against whom inchoate offences are committed).
In the Criminal Justice Act 1993 (c. 36)—
section 1(3)(d) (Group B offences);
section 5(4) (incitement to commit Group A offence).
Section 12(7) of the Finance Act 1994 (c. 9) (offences of fraud and dishonesty).
Section 27 of the Antarctic Act 1994 (c. 15) (references to offences under the Act).
Section 9A(4) of the Criminal Justice and Public Order Act 1994 (c. 33) (offences in respect of which custody officers at contracted out secure training centres have powers in relation to persons other than those detained in the centre).
Paragraph (b) of the definition of “specified offence” in section 60(6) of the Drug Trafficking Act 1994 (c. 37) (Revenue and Customs prosecutions).
Article 40(4) of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I.1)) (no criminal proceedings to lie in respect of contravention of compliance order).
Article 4(1A) and (7) of the Children’s Evidence (Northern Ireland) Order 1995 (S.I. 1995/757 (N.I.3)) (cases involving children in which notice of transfer may be given).
Section 30A(2) of the Chemical Weapons Act 1996 (c. 6) (Revenue and Customs prosecutions).
Section 29(6)(i) of the Criminal Procedure and Investigations Act 1996 (c. 25) (meaning of “terrorism offence” for purpose of requirement to hold preparatory hearing).
In the Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)—
section 2(1) and (2) (incitement to commit certain sexual acts outside the United Kingdom);
section 3(8) (extended meaning of offence of incitement to commit a listed sexual offence).
In the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I.9))—
paragraph (h) of the definition of “drug trafficking offence” in Article 2(2) (interpretation);
paragraph (b) of the definition of “specified offence” in Article 55 (Revenue and Customs prosecutions).
In the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I.10))—
Article 30(2) (penalty points to be attributed to an offence);
Article 35(6) (disqualification for certain offences);
Article 40(7) (disqualification for repeated offences).
In the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24)) —
Article 38(3)(d) (Group B offences);
Article 42(2) (incitement to commit Group A offence).
Paragraph 8 of the Schedule to the Sexual Offences (Protected Material) Act 1997 (c. 39) (sexual offences for the purposes of that Act).
Section 14(2)(d) of the Northern Ireland (Sentences) Act 1998 (c. 35) (inadmissibility).
Section 51C(3)(e) of the Crime and Disorder Act 1998 (c. 37) (notices in certain cases involving children).
Section 62(2) of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (meaning of “sexual offence” and other references to offences).
Article 3(2) of the Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I.8)) (meaning of “sexual offence” and other references to offences).
Section 147(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (driving disqualification where vehicle used for purposes of crime).
Paragraph 3(t)(i) of Schedule 4 to the Criminal Justice and Court Services Act 2000 (c. 43) (meaning of “offence against a child”).
Section 34(1)(g) of the Criminal Justice and Police Act 2001 (c. 16) (meaning of “drug trafficking offence”).
Sections 55(1)(b) and 62(1)(b) of the International Criminal Court Act 2001 (c. 17) (meaning of “ancillary offence”).
Section 53(2) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (Revenue and Customs prosecutions).
In the Proceeds of Crime Act 2002 (c. 29)—
section 340(11)(b) (interpretation of Part 7: money laundering);
section 415(2)(a) (money laundering offences for purposes of Part 8: investigations);
section 447(9)(b) (interpretation of Part 11: national and international co-operation);
section 451(6)(c) (Revenue and Customs prosecutions).
Section 4 of the Dealing in Cultural Objects (Offences) Act 2003 (c. 27) (Revenue and Customs prosecutions).
Section 142(7)(a) of the Extradition Act 2003 (c. 41) (extradition from category 1 territory to the United Kingdom).
Paragraph 3(a) of Schedule 2 to the Sexual Offences Act 2003 (c. 42) (sexual offences to which section 72 of that Act applies).
In the Criminal Justice Act 2003 (c. 44)—
in Schedule 15 (specified violent and sexual offences for the purposes of Chapter 5 of Part 12 of that Act), paragraphs 64(a) and 153(a);
in Schedule 17 (Northern Ireland violent and sexual offences specified for the purposes of section 229(4) of that Act), paragraphs 61(a) and 110(a).
Paragraph 3(i)(i) of the Schedule to the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (S.I. 2003/417 (N.I.4)) (meaning of “offence against a child”).
Section 14 of the Gangmasters (Licensing) Act 2004 (c. 11) (enforcement officer’s power of arrest).
Section 76(3)(p) of the Serious Organised Crime and Police Act 2005 (c. 15) (offences giving rise to financial reporting order).
In the Terrorism Act 2006 (c. 11)—
section 17(2)(f) (commission of offences abroad);
paragraph 12(b) of Schedule 1 (Convention offences).
Section 73
The Audit Commission Act 1998 (c. 18) is amended as follows.
After Part 2 insert—
In section 52 (orders and regulations), after subsection (1) insert—
After Part 3 of the Public Audit (Wales) Act 2004 (c. 23) insert—
Paragraph 9 of Schedule 8 to the Government of Wales Act 2006 (c. 32) (special finance provisions) is amended as follows. In sub-paragraph (3)(b) after “government audit)” insert “or, so far as the functions relate to local government bodies in Wales, Part 3A of that Act (data matching)”. the following provisions of the Public Audit (Wales) Act 2004 (c. 23)— “Local government body in Wales” has the meaning given in section 12(1) of the Public Audit (Wales) Act 2004.
After Article 4 of the Audit and Accountability (Northern Ireland) Order 2003 (S.I. 2003/418 (N.I.5)) insert—
In Article 6 of the Audit (Northern Ireland) Order 1987 (S.I. 1987/460 (N.I.5)) (expenses and accounts of Northern Ireland Audit Office), in paragraph (5) after “examination” insert “or in respect of data matching”.
Section 74(2)
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
In section 6(3)(a) (making of confiscation orders in England and Wales) omit “or the Director”.
In section 11(7) (time for payment of order) omit paragraph (b) and the word “or” before it.
In section 14(7)(b) (postponement of proceedings) omit “or the Director (as the case may be)”.
Section 16 (statement of information) is amended as follows. In subsection (1) omit “or the Director (as the case may be)”. In subsection (3) omit— In subsection (4) omit “or Director”. In subsection (5) omit— In subsection (6) omit “or the Director”.
In section 17(1) (defendant’s response to statement of information) omit “or the Director”.
In section 18(6) (provision of information by defendant) omit “or the Director (as the case may be)”.
In section 19(1)(c) (no order made: reconsideration of case) omit “or the Director”.
Section 20 (no order made: reconsideration of benefit) is amended as follows. Omit subsection (3). In subsection (4)—
In section 21(1) (order made: reconsideration of benefit), in paragraphs (b), (c) and (d), omit “or the Director”.
In section 22(2) (order made: reconsideration of available amount)—
omit paragraph (b); and
in paragraph (c) omit “or 52”.
In section 23(1)(b) (inadequacy of available amount: variation of order) omit “or 52”.
Section 26 (information) is amended as follows. In subsection (1)(b) omit “or the Director”. In subsection (2)—
Section 27 (defendant convicted or committed) is amended as follows. In subsection (3)(a) omit “or the Director”. In subsection (5)(b) omit “or the Director (as the case may be)”. In subsection (7) omit “or the Director”.
Section 28 (defendant neither convicted nor acquitted) is amended as follows. In subsection (3)(a) omit “or the Director”. In subsection (5)(b) omit “or the Director (as the case may be)”.
Section 31 (appeal by prosecutor or Director) is amended as follows. In the heading omit “or Director”. In subsection (1) omit “or the Director”. In subsection (2) omit “or the Director”.
In section 33(2) (appeal to the House of Lords)—
in paragraph (a) omit “(if the prosecutor appealed under section 31)”; and
omit paragraph (b).
Omit section 34 (Director as enforcement authority).
Section 35 (Director not appointed as enforcement authority) is amended as follows. For the heading substitute “Enforcement as fines”. In subsection (1) omit paragraph (b) and the word “and” before it.
Omit sections 36 and 37 (Director appointed as enforcement authority and Director’s application for enforcement).
Section 39 (reconsideration etc: variation of prison term) is amended as follows. In subsection (5) for “appropriate person” substitute “prosecutor”. Omit subsection (6).
Section 40 (conditions for exercise of powers) is amended as follows. In subsection (4)(a) omit “or the Director”. In subsection (5)(a) omit “or the Director”. In subsection (6)(a) omit “or the Director”. In subsection (8)(b) omit “or the Director (as the case may be)”.
In section 42(2) (application, discharge and variation) omit paragraph (b).
Omit sections 52 and 53 (Director’s receivers).
Omit sections 56 and 57 (Director’s receivers and sums received by Director).
In section 58(6)(b) (restraint orders: restrictions) for “, 50 or 52” substitute “or 50”.
Omit section 60 (Director’s receivers).
In section 61 (protection) for “, 50 or 52” substitute “or 50”.
In section 62(1) (further applications) for “, 50 or 52” substitute “or 50”.
In section 63(1) (discharge and variation)—
for “to 53” substitute “to 51”; and
in paragraph (b) omit the words from “or”, where it first appears, to “Director”.
Section 64 (management receivers: discharge) is amended as follows. In subsection (1)(b) omit the words from “or” to “section 52”. Omit subsection (3).
Section 65 (appeal to Court of Appeal) is amended as follows. In subsection (1) omit “or section 53”. In subsection (2) omit “or section 53”. In subsection (5)(a) omit the words from “or”, where it first appears, to “Director”.
In section 67(4) (seized money) omit paragraph (c).
In section 69(1) (powers of court and receiver)—
in paragraph (a) for “60” substitute “59”; and
in paragraph (b) for “, 50 or 52” substitute “or 50”.
In section 74(1) (enforcement abroad)—
in paragraph (b) omit “or the Director”; and
in paragraph (c) omit “or the Director (as the case may be)”.
In section 156(3)(a) (making of confiscation orders in Northern Ireland) omit “or the Director”.
In section 161(7) (time for payment of order) omit paragraph (b) and the word “or” before it.
In section 164(7)(b) (postponement of proceedings) omit “or the Director (as the case may be)”.
Section 166 (statement of information) is amended as follows. In subsection (1) omit “or the Director (as the case may be)”. In subsection (3) omit— In subsection (4) omit “or Director”. In subsection (5) omit— In subsection (6) omit “or the Director”.
In section 167(1) (defendant’s response to statement of information) omit “or the Director”.
In section 168(6) (provision of information by defendant) omit “or the Director (as the case may be)”.
In section 169(1)(c) (no order made: reconsideration of case) omit “or the Director”.
Section 170 (no order made: reconsideration of benefit) is amended as follows. Omit subsection (3). In subsection (4)—
In section 171(1) (order made: reconsideration of benefit), in paragraphs (b), (c) and (d), omit “or the Director”.
In section 172(2) (order made: reconsideration of available amount)—
omit paragraph (b); and
in paragraph (c) omit “or 200”.
In section 173(1)(b) (inadequacy of available amount: variation of order) omit “or 200”.
Section 176 (information) is amended as follows. In subsection (1)(b) omit “or the Director”. In subsection (2)—
Section 177 (defendant convicted or committed) is amended as follows. In subsection (3)(a) omit “or the Director”. In subsection (5)(b) omit “or the Director (as the case may be)”. In subsection (7) omit “or the Director”.
Section 178 (defendant neither convicted nor acquitted) is amended as follows. In subsection (3)(a) omit “or the Director”. In subsection (5)(b) omit “or the Director (as the case may be)”.
Section 181 (appeal by prosecutor or Director) is amended as follows. In the heading omit “or Director”. In subsection (1) omit “or the Director”. In subsection (2) omit “or the Director”.
In section 183(2) (appeal to the House of Lords)—
in paragraph (a) omit “(if the prosecutor appealed under section 181)”; and
omit paragraph (b).
Omit section 184 (Director as enforcement authority).
Omit section 186 (Director’s application for enforcement).
Section 188 (reconsideration etc: variation of prison term) is amended as follows. In subsection (5) for “appropriate person” substitute “prosecutor”. Omit subsection (6).
Section 189 (conditions for exercise of powers) is amended as follows. In subsection (4)(a) omit “or the Director”. In subsection (5)(a) omit “or the Director”. In subsection (6)(a) omit “or the Director”. In subsection (8)(b) omit “or the Director (as the case may be)”.
In section 191(2) (application, discharge and variation) omit paragraph (b).
Omit sections 200 and 201 (Director’s receivers).
Omit sections 204 and 205 (Director’s receivers and sums received by Director).
In section 206(5)(b) (restraint orders) for “, 198 or 200” substitute “or 198”.
Omit section 208 (Director’s receivers).
In section 209 (protection) for “, 198 or 200” substitute “or 198”.
Section 210 (further applications) is amended as follows. In subsection (1) for “, 198 or 200” substitute “or 198”. In subsection (2)(b) omit “or 200”. In subsection (3) omit “or 200”.
In section 211(1) (discharge and variation)—
for “any of sections 198 to 201” substitute “section 198 or 199”; and
in paragraph (b) omit the words from “or”, where it first appears, to “Director”.
Section 212 (management receivers: discharge) is amended as follows. In subsection (1)(b) omit the words from “or” to “section 200”. Omit subsection (3).
Section 213 (appeal to Court of Appeal) is amended as follows. In subsection (1) omit “or section 201”. In subsection (2) omit “or section 201”. In subsection (5)(a) omit the words from “or”, where it first appears, to “Director”.
In section 215(4) (seized money) omit paragraph (d).
In section 217(1) (powers of court and receiver)—
in paragraph (a) for “208” substitute “207”; and
in paragraph (b) for “, 198 or 200” substitute “or 198”.
In section 222(1) (enforcement abroad)—
in paragraph (b) omit “or the Director”; and
in paragraph (c) omit “or the Director (as the case may be)”.
In section 417(2) (insolvency etc: modifications of the 1986 Act)—
in paragraph (b) omit “or 52”; and
in paragraph (d) omit “or 200”.
Section 418 (restriction of powers) is amended as follows. In subsection (2)— In subsection (3)(d) for “, 52, 198 or 200” substitute “or 198”.
In section 419(2)(b) (tainted gifts)—
omit “52,”; and
for “, 198 or 200” substitute “or 198”.
In section 420(2) (modifications of the 1985 Act)—
in paragraph (b) omit “or 52”; and
in paragraph (d) omit “or 200”.
Section 421 (restriction of powers) is amended as follows. In subsection (2)— In subsection (3)(d) for “, 52, 198 or 200” substitute “or 198”.
In section 422(2)(b) (tainted gifts)—
omit “52,”; and
for “, 198 or 200” substitute “or 198”.
In section 423(2) (modifications of the 1989 Order)—
in paragraph (b) omit “or 52”; and
in paragraph (d) omit “or 200”.
Section 424 (restriction of powers) is amended as follows. In subsection (2)— In subsection (3)(d) for “, 52, 198 or 200” substitute “or 198”.
In section 425(2)(b) (tainted gifts)—
omit “52,”; and
for “, 198 or 200” substitute “or 198”.
Section 426 (winding up under the 1986 Act) is amended as follows. In subsection (2)— In subsection (5)—
In section 427(3)(b) (tainted gifts)—
omit “52,”; and
for “, 198 or 200” substitute “or 198”.
Section 428 (winding up under the 1989 Order) is amended as follows. In subsection (2)— In subsection (5)—
In section 429(3)(b) (tainted gifts)—
omit “52,”; and
for “, 198 or 200” substitute “or 198”.
Section 430 (floating charges) is amended as follows. In subsection (2)— In subsection (5)—
In section 432(7) (insolvency practitioners)—
in paragraph (a) for “, 55(3), 56(2) or 57(3)” substitute “or 55(3)”; and
in paragraph (c) for “, 203(3), 204(2) or 205(3)” substitute “or 203(3)”.
In Schedule 10 (tax), in paragraph 1—
in paragraph (a) for “, 50 or 52” substitute “or 50”; and
in paragraph (c) for “, 198 or 200” substitute “or 198”.
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
In section 246(7) (application for interim receiving order) for “Agency” substitute “enforcement authority”.
After section 272(6) (compensation for loss in relation to associated and joint property) insert—
Section 280 (applying realised proceeds) is amended as follows. In subsection (3)— In subsection (4) for “Agency” substitute “enforcement authority concerned”.
After section 283(9) (compensation) insert—
Omit section 313 (restriction on performance of Director’s functions by police).
Section 316 (general interpretation: Part 5) is amended as follows. In subsection (1), in the definition of “enforcement authority”— After subsection (8) insert—
The Proceeds of Crime Act 2002 (c. 29) is amended in accordance with paragraphs 93 to 101.
Section 317 (Director’s general Revenue functions) is amended as follows. In the heading for “Director's” substitute “SOCA's”. In subsection (1) for “the Director” substitute “SOCA”. In subsection (2) for “the Director”, in both places where it appears, substitute “SOCA”. In subsection (3) for “the Director” substitute “SOCA”. In subsection (4) for “The Director” substitute “SOCA”. In subsection (6) for “the Director” substitute “SOCA”. In subsection (7) for “the Director” substitute “SOCA”. In subsection (8)(b) for “the Director” substitute “SOCA”.
Section 318 (Revenue functions regarding employment) is amended as follows. In subsection (1)(a) for “the Director” substitute “SOCA”. In subsection (2) for “the Director” substitute “SOCA”. In subsection (3)(a) for “the Director” substitute “SOCA”. In subsection (4) for “the Director” substitute “SOCA”.
Section 319 (source of income) is amended as follows. In subsection (1)— In subsection (2) for “the Director” substitute “SOCA”. In subsection (3)—
Section 320 (appeals) is amended as follows. In subsection (1) for “the Director” substitute “SOCA”. In subsection (2)—
Section 321 (Director’s functions: transfers of value) is amended as follows. In the heading for “Director's” substitute “SOCA's”. In subsection (1)— In subsection (2) for “the Director”, in both places where it appears, substitute “SOCA”. In subsection (3) for “the Director” substitute “SOCA”. In subsection (4) for “The Director” substitute “SOCA”. In subsection (5) for “the Director” substitute “SOCA”. In subsection (6) for “the Director” substitute “SOCA”.
Section 322 (Director’s functions: certain settlements) is amended as follows. In the heading for “Director's” substitute “SOCA's”. In subsection (1) for “the Director” substitute “SOCA”. In subsection (2)— In subsection (3) for “the Director” substitute “SOCA”. In subsection (4) for “The Director” substitute “SOCA”. In subsection (5) for “the Director” substitute “SOCA”. In subsection (6) for “the Director” substitute “SOCA”.
Section 324 (exercise of Revenue functions) is amended as follows. In subsection (1) for “the Director” substitute “SOCA”. In subsection (2) for “Paragraph (b) of section 1(6)” substitute “Section 2B(2)”. In subsection (3) for “The Director” substitute “SOCA”. In subsection (4) for “The Director” substitute “SOCA”. In subsection (5)—
Section 325 (declarations) is amended as follows. Omit subsection (1). For subsection (2) substitute—
Schedule 8 (forms of declarations) is amended as follows. Omit the words from “The Director”, where it first appears, to “by law.””, where it first appears. For “The Staff Of The Agency” substitute “SOCA’s Staff”. For “authorised by the Director of the Assets Recovery Agency” substitute “assigned by SOCA”. For “to the Director” substitute “to SOCA”. For “his” substitute “its”.
The Secretary of State may by order—
repeal Part 6 of the Proceeds of Crime Act 2002 (c. 29); and
make such amendment, repeal or revocation of any provision made by or under any enactment (including this Schedule to this Act) as appears to the Secretary of State to be appropriate in consequence of the repeal of Part 6 of the Act of 2002.
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
In section 351(5) (supplementary)—
after “investigator,”, where it first appears, insert “a member of SOCA’s staff,”; and
after “investigator,”, where it appears for the second time, insert “member of SOCA’s staff,”.
Section 352 (search and seizure warrants) is amended as follows. In subsection (5)(b) for “named member of the staff of the Agency” substitute “member of SOCA’s staff or of the staff of the relevant Director”. After subsection (5) insert—
In section 353(10)(b) (requirements where production order not available) for “the staff of the Agency” substitute “SOCA’s staff or of the staff of the relevant Director”.
Section 356 (further provisions: civil recovery) is amended as follows. Omit subsection (6). In subsection (11)(a) (as inserted by Schedule 10) for “the Director” substitute “an appropriate officer”.
Section 357 (disclosure orders) is amended as follows. In subsection (1) for “the Director” substitute “the relevant authority”. After subsection (2) insert— In subsection (3)(a) for “the Director” substitute “an appropriate officer”. In subsection (4)— In subsection (5) for “the Director” substitute “the appropriate officer concerned”. After subsection (6) insert—
Section 361 (further provisions) is amended as follows. In subsection (7) for “The Director” substitute “An appropriate officer”. In subsection (9) for “the Director” substitute “an appropriate officer”.
Section 362 (supplementary) is amended as follows. In subsection (3)(a) for “Director” substitute “person who applied for the order”. After subsection (4) insert— In subsection (5) for “(4)” substitute “(4B)”.
Section 369 (supplementary) is amended as follows. In subsection (5)— In subsection (7) after “investigator,” insert “a member of SOCA’s staff,”.
In section 375(4) (supplementary)—
after “investigator,”, where it first appears, insert “a member of SOCA’s staff,”; and
after “investigator,”, where it appears for the second time, insert “member of SOCA’s staff,”.
Omit section 376 (evidence overseas).
Section 377 (code of practice) is amended as follows. In the heading after “practice” insert “of Secretary of State etc.”. In subsection (1)— In subsection (9)—
After section 377 (code of practice of Secretary of State etc.) insert—
Section 378 (officers) is amended as follows. In subsection (1)(a) for “the Director” substitute “a member of SOCA’s staff”. In subsection (2)(a) for “the Director” substitute “a senior member of SOCA’s staff”. In subsection (3) for the words from “the Director”, where it first appears, to the end of the subsection substitute— In subsection (5) for “the Serious Organised Crime Agency” substitute “SOCA”. Omit subsection (7). After subsection (7) insert—
In section 416(2) (other interpretative provisions)—
relevant authority: section 357(7) to (9) relevant Director: section 352(5A)
senior member of SOCA’s staff: section 378(8).
After section 449 (pseudonyms) insert—
Section 459 (orders and regulations) is amended as follows. In subsection (3) after “instrument” insert “(other than the power of the Advocate General for Northern Ireland to make an order under section 377A(5) which is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)))”. In subsection (4)(a) after “377(4)” insert “, 377A(5)”. After subsection (6)(a) insert—. After subsection (7) insert—
Section 3 of the Proceeds of Crime Act 2002 (c. 29) (accreditation and training) is amended as follows. In subsection (1)— Omit subsection (6). In subsection (7) for “Director” substitute “National Policing Improvement Agency”. Omit subsection (8).
The Proceeds of Crime Act 2002 is amended as follows.
In the heading for Part 1 for “Assets Recovery Agency” substitute “Introductory”.
Omit sections 1 and 2 (the Assets Recovery Agency, its Director and the Director’s general functions).
After section 2 insert—
Omit sections 4 and 5 (co-operation and advice and assistance for Secretary of State).
In section 330(4)(b) (failure to disclose: regulated sector) for “the Serious Organised Crime Agency” substitute “SOCA”.
In section 331(4) (failure to disclose: nominated officers in the regulated sector) for “the Serious Organised Crime Agency” substitute “SOCA”.
In section 332(4) (failure to disclose: other nominated officers) for “the Serious Organised Crime Agency” substitute “SOCA”.
In section 336(2)(a), (3)(a) and (4)(a) (nominated officer: consent) for “the Serious Organised Crime Agency” substitute “SOCA”.
In section 340(13) (interpretation: Part 7) for “the Serious Organised Crime Agency” substitute “SOCA”.
For section 435 (use of information by Director) substitute—
Section 436 (disclosure of information to Director) is amended as follows. In the heading for “Director” substitute “certain Directors”. In subsection (1)— In subsection (5), omit paragraph (b) and (ga). After subsection (9) insert—
Section 437 (further disclosure) is amended as follows. In subsection (2)(a) after “functions” insert “under, or in relation to, Part 5 or 8”. After subsection (6) insert—
Section 438 (disclosure of information by Director) is amended as follows. In the heading for “Director” substitute “certain Directors”. In subsection (1)— Omit subsections (2) to (4). After subsection (8) insert— After subsection (9) insert—
In section 439(5) (disclosure of information to Lord Advocate and to Scottish Ministers)—
in paragraph (b) for “the Director General of the Serious Organised Crime Agency” substitute “SOCA but only so far as the information is held by it or on its behalf otherwise than in connection with its functions under this Act”; and
after paragraph (f) insert—.
In section 441(2) (disclosure of information by Lord Advocate and by Scottish Ministers) for paragraph (f) substitute—.
Section 443 (enforcement in different parts of the United Kingdom) is amended as follows. In subsection (3)(a) for “and the Director” substitute “, SOCA and the relevant Director”. After subsection (4) insert—
In section 444(4)(d) (external requests and orders) for “the Director” substitute “SOCA”.
In section 445(2)(b) (external investigations) for the words from “the Director”, where it first appears, to “Agency” substitute “SOCA, the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland, the Director of Revenue and Customs Prosecutions”.
Section 449 (agency staff: pseudonyms) is amended as follows. In the heading for “Agency” substitute “SOCA's”. In subsection (1)— In subsection (2)— In subsection (3)— In subsection (4) for “the staff of the Agency” substitute “SOCA’s staff”. Omit subsection (5). After subsection (5) insert—
After section 460(2) (finance) insert—
Omit Schedule 1 (the Assets Recovery Agency).
Section 74(3)
Section 77
Section 79
Section 88
Section 91(1)
Section 92 Title Extent of repeal or revocation Parliamentary Commissioner Act 1967 (c. 13) In Schedule 2— the entry for “The Director of the Assets Recovery Agency.”; the paragraph in the Notes headed “Assets Recovery Agency”. Criminal Appeal Act 1968 (c. 19) Section 33(1A). In section 51(1A), the words “, subject to section 33(1A) of this Act,”. Criminal Law Act 1977 (c. 45) Section 5(7). Magistrates' Courts Act 1980 (c. 43) Section 32(1)(b). Section 45. In Schedule 1, paragraph 35. Criminal Appeal (Northern Ireland) Act 1980 (c. 47) In section 31— subsection (1A); in subsection (3), the words “, subject to subsection (1A) above,”. Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I.8)) In paragraph 2A(1)(a) of Part 1 of Schedule 1, the words “or 204(3)”. Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)) Article 60(1). Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13)) Article 13(8). Bankruptcy (Scotland) Act 1985 (c. 66) In section 31A(1)(b), the word “52,”. Insolvency Act 1986 (c. 45) In section 306A(1)(b), the word “52,”. Public Order Act 1986 (c. 64) In section 12(10), the words from “notwithstanding” to the end. In section 13(13), the words from “notwithstanding” to the end. In section 14(10), the words from “notwithstanding” to the end. In section 14B(7), the words from “notwithstanding” to the end. Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)) In Article 279A(1)(b), the word “52,”. Computer Misuse Act 1990 (c. 18) Section 6(3). Section 7(4). In section 8(3), the words “or by virtue of section 7(4) above”. Section 9(2)(d). In section 16(4), the words from “and any reference” to the end. Police Act 1996 (c. 16) In section 97— subsection (1)(ce); in subsections (6)(a) and (8), the word “(ce),”. Police Act 1997 (c. 50) In section 108(1), the definition of “customs officer”. Police (Northern Ireland) Act 1998 (c. 32) In section 27— subsection (1)(ca); in subsection (5)(b), the word “(ca),”; in subsection (7), the word “(ca),”. Access to Justice Act 1999 (c. 22) In paragraph 3(1)(b) of Schedule 2, the words “or 56(3)”. Regulation of Investigatory Powers Act 2000 (c. 23) In section 56(1), the definition of “the customs and excise”. In section 81(1), the definition of “customs officer”. International Criminal Court Act 2001 (c. 17) Section 55(3). Section 62(3). Proceeds of Crime Act 2002 (c. 29) Sections 1 and 2. Section 3(6) and (8). Sections 4 and 5. In section 6(3)(a), the words “or the Director”. In section 11(7), paragraph (b) and the word “or” before it. In section 14(7)(b), the words “or the Director (as the case may be)”. In section 16— in subsection (1), the words “or the Director (as the case may be)”; in subsection (3), the words “or the Director (as the case may be)” and “or the Director”; in subsection (4), the words “or Director”; in subsection (5), the words “or the Director (as the case may be)” and “or the Director”; in subsection (6), the words “or the Director”. In section 17(1), the words “or the Director”. In section 18(6), the words “or the Director (as the case may be)”. In section 19(1)(c), the words “or the Director”. In section 20— subsection (3); in subsection (4), the words from “If the court” to “to do so,” and, in paragraph (b), the words “or the Director”. In section 21(1)(b), (c) and (d), the words “or the Director”. In section 22(2), paragraph (b) and, in paragraph (c), the words “or 52”. In section 23(1)(b), the words “or 52”. In section 26— in subsection (1)(b), the words “or the Director”; in subsection (2), in paragraph (a), the words “or the Director (as the case may be)” and, in paragraph (b), the words “or the Director”. In section 27— in subsection (3)(a), the words “or the Director”; in subsection (5)(b), the words “or the Director (as the case may be)”; in subsection (7), the words “or the Director”. In section 28— in subsection (3)(a), the words “or the Director”; in subsection (5)(b), the words “or the Director (as the case may be)”. In section 31— in the heading, the words “or Director”; in subsections (1) and (2), the words “or the Director”. In section 33(2)— in paragraph (a), the words “(if the prosecutor appealed under section 31)”; paragraph (b). Section 34. In section 35(1), paragraph (b) and the word “and” before it. Sections 36 and 37. Section 39(6). In section 40— in subsections (4)(a), (5)(a) and (6)(a), the words “or the Director”; in subsection (8)(b), the words “or the Director (as the case may be)”. Section 42(2)(b). Sections 52 and 53. Sections 56 and 57. Section 60. In section 63(1)(b), the words from “or”, where it first appears, to “Director”. In section 64— in subsection (1)(b), the words from “or” to “section 52”; subsection (3). In section 65— in subsections (1) and (2), the words “or section 53”; in subsection (5)(a), the words from “or”, where it first appears, to “Director”. Section 67(4)(c). In section 74(1)— in paragraph (b), the words “or the Director”; in paragraph (c), the words “or the Director (as the case may be)”. In section 156(3)(a), the words “or the Director”. In section 161(7), paragraph (b) and the word “or” before it. In section 164(7)(b), the words “or the Director (as the case may be)”. In section 166— in subsection (1), the words “or the Director (as the case may be)”; in subsection (3), the words “or the Director (as the case may be)” and “or the Director”; in subsection (4), the words “or Director”; in subsection (5), the words “or the Director (as the case may be)” and “or the Director”; in subsection (6), the words “or the Director”. In section 167(1), the words “or the Director”. In section 168(6), the words “or the Director (as the case may be)”. In section 169(1)(c), the words “or the Director”. In section 170— subsection (3); in subsection (4), the words from “If the court” to “to do so,” and, in paragraph (b), the words “or the Director”. In section 171(1)(b), (c) and (d), the words “or the Director”. In section 172(2), paragraph (b) and, in paragraph (c), the words “or 200”. In section 173(1)(b), the words “or 200”. In section 176— in subsection (1)(b), the words “or the Director”; in subsection (2), in paragraph (a), the words “or the Director (as the case may be)” and, in paragraph (b), the words “or the Director”. In section 177— in subsection (3)(a), the words “or the Director”; in subsection (5)(b), the words “or the Director (as the case may be)”; in subsection (7), the words “or the Director”. In section 178— in subsection (3)(a), the words “or the Director”; in subsection (5)(b), the words “or the Director (as the case may be)”. In section 181— in the heading, the words “or Director”; in subsections (1) and (2), the words “or the Director”. In section 183(2)— in paragraph (a), the words “(if the prosecutor appealed under section 181)”;paragraph (b). Section 184. Section 186. Section 188(6). In section 189— in subsections (4)(a), (5)(a) and (6)(a), the words “or the Director”; in subsection (8)(b), the words “or the Director (as the case may be)”. Section 191(2)(b). Sections 200 and 201. Sections 204 and 205. Section 208. In section 210(2)(b) and (3), the words “or 200”. In section 211(1)(b), the words from “or”, where it first appears, to “Director”. In section 212— in subsection (1)(b), the words from “or” to “section 200”; subsection (3). In section 213— in subsections (1) and (2), the words “or section 201”; in subsection (5)(a), the words from “or”, where it first appears, to “Director”. Section 215(4)(d). In section 222(1)— in paragraph (b), the words “or the Director”; in paragraph (c), the words “or the Director (as the case may be)”. Section 313. Section 325(1). Section 356(6). Section 376. Section 378(7). In section 417(2)— in paragraph (b), the words “or 52”; in paragraph (d), the words “or 200”. In section 419(2)(b), the word “52,”. In section 420(2)— in paragraph (b), the words “or 52”; in paragraph (d), the words “or 200”. In section 422(2)(b), the word “52,”. In section 423(2)— in paragraph (b), the words “or 52”; in paragraph (d), the words “or 200”. In section 425(2)(b), the word “52,”. In section 426(2)— in paragraph (b), the words “or 52”; in paragraph (d), the words “or 200”. In section 427(3)(b), the word “52,”. In section 428(2)— in paragraph (b), the words “or 52”; in paragraph (d), the words “or 200”. In section 429(3)(b), the word “52,”. In section 430(2)— in paragraph (b), the words “or 52”; in paragraph (d), the words “or 200”. Section 436(5)(b) and (ga). Section 438(2) to (4). Section 449(5). Schedule 1. In Schedule 8, the words from “The Director”, where it first appears, to “by law.””, where it first appears. In Schedule 11, paragraphs 2, 4(2), 9(3), 30(1) and (2) and 34(1) and (2). Crime (International Co-operation) Act 2003 (c. 32) In Schedule 5, paragraphs 82 and 83. Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I.10)) In paragraph 3(1)(a) of Schedule 2, the words “or 204(3)”. Commissioners for Revenue and Customs Act 2005 (c. 11) In section 21(1)(b), the word “or” at the end of sub-paragraph (i). Paragraphs 1 and 11 of Schedule 2. Paragraph 98 of Schedule 4. Serious Organised Crime and Police Act 2005 (c. 15) Section 99(4). In Schedule 4— in paragraph 82(2), paragraph (b) and the word “and” at the end of paragraph (b); paragraphs 169, 176 and 178. In Schedule 5, in paragraph 21(1) and (2), the words “is or”. Gambling Act 2005 (c. 19) In Part 2 of Schedule 6, the entries relating to the Director and staff of the Assets Recovery Agency, the Director General and staff of the National Crime Squad and the Director General and staff of the National Criminal Intelligence Service. Wireless Telegraphy Act 2006 (c. 36) In Schedule 7, paragraph 38. Police and Justice Act 2006 (c. 48) Section 35(2). In section 36, in the section to be substituted for section 3 of the Computer Misuse Act 1990 (c. 18), in subsection (2), paragraph (d) and the word “or” preceding it. Section 38(1). In Schedule 14, paragraphs 19(2) and 29(2). Tribunals, Courts and Enforcement Act 2007 (c. 15) In Schedule 13, paragraph 145. Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19) In Schedule 1, the words “Assets Recovery Agency”.
Section 15A
Where a person other than an individual is subject to a relevant order that person (“P”) must, within the period of three days beginning with the first day on which any provision of the order comes into force, notify the specified person of the name of an authorised individual. In this paragraph “authorised individual” means an individual who— P may, at any time after notifying the specified person of the name of an authorised individual under this paragraph, notify the specified person of the name of a replacement authorised individual. Where an individual whose name is notified by P under this paragraph ceases to be an authorised individual P must, within the period of 28 days beginning with the day on which the individual ceases to be an authorised individual, notify the specified person of the name of a replacement authorised individual.
An individual who is subject to a relevant order must, within the period of three days beginning with the first day on which any of the provisions of the order comes into force, notify the specified person of the notifiable information relating to the individual. If there is a change in any of the notifiable information relating to an individual who has given a notification under this paragraph the individual must, within the period of three days beginning with the day on which the change occurs, notify the specified person of the change. A requirement to notify information under sub-paragraph (1) or (2) does not apply to an individual by virtue of a relevant order whilst the individual is required to notify that information to that person by virtue of an earlier relevant order. If the earlier order ceases to be in force on a day on which the later order remains in force, the reference in sub-paragraph (1) to the first day on which any of the provisions of the order comes into force is to be read as a reference to that day. In this paragraph “the notifiable information” relating to an individual means— For the purposes of sub-paragraph (5)—
A person commits an offence under the law of England and Wales if the person fails, without reasonable excuse, to comply with a requirement imposed by paragraph 1(1) or (4). A person guilty of an offence under sub-paragraph (1) is liable on summary conviction to a fine. A person commits an offence under the law of England and Wales if the person— A person guilty of an offence under sub-paragraph (3) is liable—