The Serious Crime Act 2007, المملكة المتحدة, WIPO Lex

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بالإنكليزية The Serious Crime Act 2007

Serious Crime Act 2007

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Serious Crime Act 2007 2007 CHAPTER 27

An Act to make provision about serious crime prevention orders; to create offences in respect of the encouragement or assistance of crime; to enable information to be shared or processed to prevent fraud or for purposes relating to proceeds of crime; to enable data matching to be conducted both in relation to fraud and for other purposes; to transfer functions of the Director of the Assets Recovery Agency to the Serious Organised Crime Agency and other persons and to make further provision in connection with the abolition of the Agency and the office of Director; to amend the Proceeds of Crime Act 2002 in relation to certain investigations and in relation to accredited financial investigators, management receivers and enforcement receivers, cash recovery proceedings and search warrants; to extend stop and search powers in connection with incidents involving serious violence; to make amendments relating to Her Majesty's Revenue and Customs in connection with the regulation of investigatory powers; and for connected purposes. [30th October 2007]

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

2 Serious Crime Act 2007 (c. 27) Part 1 – Serious Crime Prevention Orders

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PROSPECTIVE

PART 1

SERIOUS CRIME PREVENTION ORDERS

General

1 Serious crime prevention orders

(1) The High Court in England and Wales may make an order if— (a) it is satisfied that a person has been involved in serious crime (whether in

England and Wales or elsewhere); and (b) 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.

(2) The High Court in Northern Ireland may make an order if— (a) it is satisfied that a person has been involved in serious crime (whether in

Northern Ireland or elsewhere); and (b) 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.

(3) An order under this section may contain— (a) such prohibitions, restrictions or requirements; and (b) such other terms;

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.

(4) The powers of the court in respect of an order under this section are subject to sections 6 to 15 (safeguards).

(5) In this Part “serious crime prevention order” means— (a) an order under this section; or (b) an order under section 19 (corresponding order of the Crown Court on

conviction).

(6) 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.

2 Involvement in serious crime: England and Wales orders

(1) For the purposes of this Part, a person has been involved in serious crime in England and Wales if he—

(a) has committed a serious offence in England and Wales; (b) has facilitated the commission by another person of a serious offence in

England and Wales; or

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(c) 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).

(2) 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—

(a) is specified, or falls within a description specified, in Part 1 of Schedule 1; or (b) 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.

(3) For the purposes of this Part, involvement in serious crime in England and Wales is any one or more of the following—

(a) the commission of a serious offence in England and Wales; (b) conduct which facilitates the commission by another person of a serious

offence in England and Wales; (c) 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).

(4) For the purposes of section 1(1)(a), a person has been involved in serious crime elsewhere than in England and Wales if he—

(a) has committed a serious offence in a country outside England and Wales; (b) has facilitated the commission by another person of a serious offence in a

country outside England and Wales; or (c) 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).

(5) 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—

(a) would be an offence under the law of England and Wales if committed in or as regards England and Wales; and

(b) either— (i) 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

(ii) 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).

(6) The test in subsection (4) is to be used instead of the test in section 3(1) in deciding for the purposes of section 1(1)(a) whether a person has been involved in serious crime in Northern Ireland.

(7) 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.

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3 Involvement in serious crime: Northern Ireland orders

(1) For the purposes of this Part, a person has been involved in serious crime in Northern Ireland if he—

(a) has committed a serious offence in Northern Ireland; (b) has facilitated the commission by another person of a serious offence in

Northern Ireland; or (c) 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).

(2) 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—

(a) is specified, or falls within a description specified, in Part 2 of Schedule 1; or (b) 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.

(3) For the purposes of this Part, involvement in serious crime in Northern Ireland is any one or more of the following—

(a) the commission of a serious offence in Northern Ireland; (b) conduct which facilitates the commission by another person of a serious

offence in Northern Ireland; (c) 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).

(4) For the purposes of section 1(2)(a), a person has been involved in serious crime elsewhere than in Northern Ireland if he—

(a) has committed a serious offence in a country outside Northern Ireland; (b) has facilitated the commission by another person of a serious offence in a

country outside Northern Ireland; or (c) 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).

(5) 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—

(a) would be an offence under the law of Northern Ireland if committed in or as regards Northern Ireland; and

(b) either— (i) 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

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(6) The test in subsection (4) is to be used instead of the test in section 2(1) in deciding for the purposes of section 1(2)(a) whether a person has been involved in serious crime in England and Wales.

(7) 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.

4 Involvement in serious crime: supplementary

(1) In considering for the purposes of this Part whether a person has committed a serious offence—

(a) the court must decide that the person has committed the offence if— (i) he has been convicted of the offence; and

(ii) the conviction has not been quashed on appeal nor has the person been pardoned of the offence; but

(b) the court must not otherwise decide that the person has committed the offence.

(2) 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—

(a) any act that the respondent can show to be reasonable in the circumstances; and

(b) subject to this, his intentions, or any other aspect of his mental state, at the time.

(3) 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—

(a) any act that the respondent can show to be reasonable in the circumstances; and

(b) subject to this, his intentions, or any other aspect of his mental state, at the time.

(4) The Secretary of State may by order amend Schedule 1.

5 Type of provision that may be made by orders

(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.

(2) Examples of prohibitions, restrictions or requirements that may be imposed by serious crime prevention orders in England and Wales or Northern Ireland include prohibitions, restrictions or requirements in relation to places other than England and Wales or (as the case may be) Northern Ireland.

(3) 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—

(a) an individual's financial, property or business dealings or holdings; (b) an individual's working arrangements;

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(c) the means by which an individual communicates or associates with others, or the persons with whom he communicates or associates;

(d) the premises to which an individual has access; (e) the use of any premises or item by an individual; (f) an individual's travel (whether within the United Kingdom, between the

United Kingdom and other places or otherwise).

(4) 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—

(a) financial, property or business dealings or holdings of such persons; (b) the types of agreements to which such persons may be a party; (c) the provision of goods or services by such persons; (d) the premises to which such persons have access; (e) the use of any premises or item by such persons; (f) the employment of staff by such persons.

(5) Examples of requirements that may be imposed on any persons by serious crime prevention orders include—

(a) a requirement on a person to answer questions, or provide information, specified or described in an order—

(i) at a time, within a period or at a frequency; (ii) at a place;

(iii) in a form and manner; and (iv) to a law enforcement officer or description of law enforcement

officer; notified to the person by a law enforcement officer specified or described in the order;

(b) a requirement on a person to produce documents specified or described in an order—

(i) at a time, within a period or at a frequency; (ii) at a place;

(iii) in a manner; and (iv) to a law enforcement officer or description of law enforcement

officer; notified to the person by a law enforcement officer specified or described in the order.

(6) 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).

(7) In this Part— “document” means anything in which information of any description is

recorded (whether or not in legible form); “a law enforcement officer” means—

(a) a constable;

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(b) a member of the staff of the Serious Organised Crime Agency who is for the time being designated under section 43 of the Serious Organised Crime and Police Act 2005 (c. 15);

“premises” includes any land, vehicle, vessel, aircraft or hovercraft.

(8) 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.

General safeguards in relation to orders

6 Any individual must be 18 or over

An individual under the age of 18 may not be the subject of a serious crime prevention order.

7 Other exceptions

A person may not be the subject of a serious crime prevention order if the person falls within a description specified by order of the Secretary of State.

8 Limited class of applicants for making of orders

A serious crime prevention order may be made only on an application by— (a) in the case of an order in England and Wales—

(i) the Director of Public Prosecutions; (ii) the Director of Revenue and Customs Prosecutions; or

(iii) the Director of the Serious Fraud Office; and (b) in the case of an order in Northern Ireland, the Director of Public

Prosecutions for Northern Ireland.

9 Right of third parties to make representations

(1) The High 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.

(2) The High 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—

(a) the variation of the order; or (b) a decision not to vary it;

would be likely to have a significant adverse effect on that person.

(3) The High 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—

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(a) the discharge of the order; or (b) a decision not to discharge it;

would be likely to have a significant adverse effect on that person.

(4) 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 or 21 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.

(5) 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.

10 Notice requirements in relation to orders

(1) The subject of a serious crime prevention order is bound by it or a variation of it only if—

(a) 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

(b) a notice setting out the terms of the order or (as the case may be) variation has been served on him.

(2) The notice may be served on him by— (a) delivering it to him in person; or (b) sending it by recorded delivery to him at his last-known address (whether

residential or otherwise).

(3) 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)—

(a) enter any premises where he has reasonable grounds for believing the person to be; and

(b) search those premises for him.

(4) In this Part “the relevant applicant authority” means— (a) in relation to a serious crime prevention order in England and Wales—

(i) where the order was applied for by the Director of Public Prosecutions, the Director of Public Prosecutions;

(ii) where the order was applied for by the Director of Revenue and Customs Prosecutions, the Director of Revenue and Customs Prosecutions; and

(iii) where the order was applied for by the Director of the Serious Fraud Office, the Director of the Serious Fraud Office; and

(b) in relation to a serious crime prevention order in Northern Ireland, the Director of Public Prosecutions for Northern Ireland.

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Information safeguards

11 Restrictions on oral answers

A serious crime prevention order may not require a person to answer questions, or provide information, orally.

12 Restrictions for legal professional privilege

(1) A serious crime prevention order may not require a person— (a) to answer any privileged question; (b) to provide any privileged information; or (c) to produce any privileged document.

(2) 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.

(3) “Privileged information” is information which the person would be entitled to refuse to provide on grounds of legal professional privilege in such proceedings.

(4) 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.

(5) But subsection (1) does not prevent an order from requiring a lawyer to provide the name and address of a client of his.

13 Restrictions on excluded material and banking information

(1) A serious crime prevention order may not require a person to produce— (a) 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); and (b) 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)).

(2) 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.

(3) Condition A is that the person to whom the obligation of confidence is owed consents to the disclosure or production.

(4) Condition B is that the order contains a requirement— (a) to disclose information, or produce documents, of this kind; or (b) to disclose specified information which is of this kind or to produce specified

documents which are of this kind.

14 Restrictions relating to other enactments

(1) A serious crime prevention order may not require a person— (a) to answer any question; (b) to provide any information; or (c) to produce any document;

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if the disclosure concerned is prohibited under any other enactment.

(2) In this section— “enactment” includes an Act of the Scottish Parliament, Northern Ireland

legislation and an enactment comprised in subordinate legislation, and includes an enactment whenever passed or made; and

“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) and also includes an instrument made under—

(a) an Act of the Scottish Parliament; or (b) Northern Ireland legislation.

15 Restrictions on use of information obtained

(1) 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.

(2) Condition A is that the criminal proceedings relate to an offence under section 25.

(3) Condition B is that— (a) the criminal proceedings relate to another offence; (b) the person who made the statement gives evidence in the criminal

proceedings; (c) 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

(d) 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.

Duration, variation and discharge of orders

16 Duration of orders

(1) A serious crime prevention order must specify when it is to come into force and when it is to cease to be in force.

(2) An order is not to be in force for more than 5 years beginning with the coming into force of the order.

(3) An order can specify different times for the coming into force, or ceasing to be in force, of different provisions of the order.

(4) Where it specifies different times in accordance with subsection (3), the order— (a) must specify when each provision is to come into force and cease to be in

force; and (b) 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.

(5) 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.

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(6) A new order may be made in anticipation of an earlier order or provision ceasing to be in force.

17 Variation of orders

(1) 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.

(2) 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.

(3) An application for the variation of an order under this section may be made by— (a) the relevant applicant authority; or (b) subject as follows—

(i) the person who is the subject of the order; or (ii) any other person.

(4) 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.

(5) The court must not entertain an application by any person falling within subsection (3) (b)(ii) unless it considers that—

(a) the person is significantly adversely affected by the order; (b) condition A or B is met; and (c) the application is not for the purpose of making the order more onerous on

the person who is the subject of it.

(6) Condition A is that— (a) the person falling within subsection (3)(b)(ii)—

(i) has, on an application under section 9, been given an opportunity to make representations; or

(ii) has made an application otherwise than under that section; in earlier proceedings in relation to the order (whether before the High Court or the Crown Court); and

(b) there has been a change of circumstances affecting the order.

(7) Condition B is that— (a) 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 or the Crown Court); and

(b) it was reasonable in all the circumstances for the person not to have done so.

(8) 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)).

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18 Discharge of orders

(1) On an application under this section— (a) the High Court in England and Wales may discharge a serious crime

prevention order in England and Wales; and (b) the High Court in Northern Ireland may discharge a serious crime prevention

order in Northern Ireland.

(2) An application for the discharge of an order may be made by— (a) the relevant applicant authority; or (b) subject as follows—

(i) the person who is the subject of the order; or (ii) any other person.

(3) 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.

(4) The court must not entertain an application by any person falling within subsection (2) (b)(ii) unless it considers that—

(a) the person is significantly adversely affected by the order; and (b) condition A or B is met.

(5) Condition A is that— (a) the person—

(i) has, on an application under section 9, been given an opportunity to make representations; or

(ii) has made an application otherwise than under that section; in earlier proceedings in relation to the order (whether before the High Court or the Crown Court); and

(b) there has been a change of circumstances affecting the order.

(6) Condition B is that— (a) the person has not made an application of any kind in earlier proceedings in

relation to the order (whether before the High Court or the Crown Court); and (b) it was reasonable in all the circumstances for the person not to have done so.

Extension of jurisdiction to Crown Court

19 Orders by Crown Court on conviction

(1) Subsection (2) applies where the Crown Court in England and Wales is dealing with a person who—

(a) 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

(b) has been convicted by or before the Crown Court of having committed a serious offence in England and Wales.

(2) 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.

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(3) 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.

(4) 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.

(5) An order under this section may contain— (a) such prohibitions, restrictions or requirements; and (b) such other terms;

(6) The powers of the court in respect of an order under this section are subject to sections 6 to 15 (safeguards).

(7) An order must not be made under this section except— (a) in addition to a sentence imposed in respect of the offence concerned; or (b) in addition to an order discharging the person conditionally.

(8) An order under this section is also called a serious crime prevention order.

20 Powers of Crown Court to vary orders on conviction

(1) Subsection (2) applies where the Crown Court in England and Wales is dealing with a person who—

(a) 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

(b) has been convicted by or before the Crown Court of having committed a serious offence in England and Wales.

(2) The Crown Court may— (a) in the case of a person who is the subject of a serious crime prevention order

in England and Wales; and (b) in addition to dealing with the person in relation to the offence;

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.

(4) The Crown Court may— (a) in the case of a person who is the subject of a serious crime prevention order

in Northern Ireland; and (b) in addition to dealing with the person in relation to the offence;

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(5) A variation under this section may be made only on an application by the relevant applicant authority.

(6) A variation must not be made except— (a) in addition to a sentence imposed in respect of the offence concerned; or (b) in addition to an order discharging the person conditionally.

(7) 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)).

21 Powers of Crown Court to vary orders on breach

(1) Subsection (2) applies where the Crown Court in England and Wales is dealing with a person who—

(a) 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

(b) 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.

(2) The Crown Court may— (a) in the case of an order in England and Wales; and (b) in addition to dealing with the person in relation to the offence;

vary the order 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 in serious crime in England and Wales.

(3) 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.

(4) The Crown Court may— (a) in the case of an order in Northern Ireland; and (b) in addition to dealing with the person in relation to the offence;

(5) A variation under this section may be made only on an application by the relevant applicant authority.

(6) A variation must not be made except— (a) in addition to a sentence imposed in respect of the offence concerned; or (b) in addition to an order discharging the person conditionally.

(7) 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)).

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22 Inter-relationship between different types of orders

(1) 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.

(2) 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.

(3) 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.

(4) 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.

Appeals

23 Additional right of appeal from High Court

(1) An appeal may be made to the Court of Appeal in relation to a decision of the High Court—

(a) to make a serious crime prevention order; (b) to vary, or not to vary, such an order; or (c) to discharge or not to discharge such an order;

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).

(2) 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.

24 Appeals from Crown Court

(1) 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—

(a) the person who is the subject of the order; or (b) the relevant applicant authority.

(2) In addition, an appeal may be made to the Court of Appeal in relation to a decision of the Crown Court—

(a) to make a serious crime prevention order; or (b) to vary, or not to vary, such an order;

by any person who was given an opportunity to make representations in the proceedings concerned by virtue of section 9(4).

(3) Subject to subsection (4), an appeal under subsection (1) or (2) lies only with the leave of the Court of Appeal.

16 Serious Crime Act 2007 (c. 27) Part 1 – Serious Crime Prevention Orders

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(4) 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.

(5) 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.

(6) 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.

(7) An appeal under subsection (6) lies only with the leave of the Court of Appeal or the Supreme Court.

(8) Such leave must not be granted unless— (a) it is certified by the Court of Appeal that a point of law of general public

importance is involved in the decision; and (b) 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.

(9) 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—

(a) appeals to the Court of Appeal under Part 1 of— (i) the Criminal Appeal Act 1968 (c. 19); or

(ii) the Criminal Appeal (Northern Ireland) Act 1980 (c. 47); (b) appeals from any decision of the Court of Appeal on appeals falling within

paragraph (a); or (c) any matter connected with or arising out of appeals falling within

paragraph (a) or (b).

(10) An order under subsection (9) may, in particular, make provision about the payment of costs.

(11) 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—

(a) section 9 or 10 of the Criminal Appeal Act 1968; or (b) section 8 of the Criminal Appeal (Northern Ireland) Act 1980.

(12) 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.

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Enforcement

25 Offence of failing to comply with order

(1) A person who, without reasonable excuse, fails to comply with a serious crime prevention order commits an offence.

(2) A person who commits an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months

or to a fine not exceeding the statutory maximum or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years

or to a fine or to both.

(3) 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.

(4) 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.

26 Powers of forfeiture in respect of offence

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) That provision may, in particular, include provision relating to the retention, handling, destruction or other disposal of what is forfeited.

(6) Provision made by virtue of this section may be varied at any time by the court that made it.

27 Powers to wind up companies etc: England and Wales and Scotland

(1) The Director of Public Prosecutions, the Director of Revenue and Customs 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—

(a) the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and

(b) 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.

(2) The Insolvency Act 1986 (c. 45) applies in relation to—

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(a) a petition under this section for the winding up of a company; and (b) the company's winding up;

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).

(3) 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 Revenue and Customs Prosecutions or the Director of the Serious Fraud Office.

(4) 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—

(a) the company has been convicted of an offence under section 25 in relation to a serious crime prevention order; and

(b) the court considers that it is just and equitable for the company to be wound up.

(5) 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.

(6) 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.

(7) 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—

(a) the partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and

(b) the court considers that it is just and equitable for the partnership or relevant body to be wound up.

(8) 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 1985 (c. 66).

(9) No petition may be presented, or order to wind up made, by virtue of this section if— (a) an appeal against conviction for the offence concerned has been made and not

finally determined; or (b) the period during which such an appeal may be made has not expired.

(10) 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.

(11) 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.

(12) In this section— “appropriate Minister” means—

(a) in relation to a relevant body falling within paragraphs (a) to (c) of the definition of “relevant body” below, the Treasury; and

(b) in relation to any other relevant body, the Secretary of State;

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“company” has the same meaning as in Parts 1 to 7 of the Insolvency Act 1986 (c. 45) (see section 251 of that Act) but—

(a) does not include a relevant body; and (b) subject to this, does include an unregistered company within the

meaning of Part 5 of that Act (see section 220 of that Act); “the court” has the same meaning as in Parts 1 to 7 of the Insolvency Act

1986 but does not include a court in Northern Ireland; “an industrial and provident society” means a society registered under the

Industrial and Provident Societies Act 1965 (c. 12) or a society deemed by virtue of section 4 of that Act to be so registered;

“partnership” does not include a relevant body; and “relevant body” means—

(a) a building society (within the meaning of the Building Societies Act 1986 (c. 53));

(b) an incorporated friendly society (within the meaning of the Friendly Societies Act 1992 (c. 40));

(c) an industrial and provident society; (d) a limited liability partnership; or (e) such other description of person as may be specified by order made by

the Secretary of State; 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).

28 Powers to wind up companies etc: Northern Ireland

(1) 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—

(a) the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and

(b) 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.

(2) The Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)) applies in relation to—

(a) a petition under this section for the winding up of a company; and (b) the company's winding up;

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).

(3) 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.

(4) 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—

(a) the company has been convicted of an offence under section 25 in relation to a serious crime prevention order; and

20 Serious Crime Act 2007 (c. 27) Part 1 – Serious Crime Prevention Orders

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(b) the court considers that it is just and equitable for the company to be wound up.

(5) 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.

(6) 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.

(7) 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—

(a) the partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order; and

(b) the court considers that it is just and equitable for the partnership or relevant body to be wound up.

(8) No petition may be presented, or order to wind up made, by virtue of this section if— (a) an appeal against conviction for the offence concerned has been made and not

finally determined; or (b) the period during which such an appeal may be made has not expired.

(9) 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.

(10) 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.

(11) In this section— “appropriate Minister” means—

(a) in relation to a relevant body falling within paragraph (a) or (b) of the definition of “relevant body” below, the Treasury; and

(b) in relation to any other relevant body, the Secretary of State; “company” has the same meaning as in Parts 2 to 7 of the Insolvency

(Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)) (see Article 5 of that Order) but—

(a) does not include a relevant body; and (b) subject to this, does include an unregistered company within the

meaning of Part 6 of that Order (see Article 184 of that Order); “the court” means the High Court in Northern Ireland; “an industrial and provident society” means a society registered under the

Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24) or a society deemed by virtue of section 4 of that Act to be so registered;

“partnership” does not include a relevant body; and “relevant body” means—

(a) a building society (within the meaning of the Building Societies Act 1986 (c. 53));

(b) an incorporated friendly society (within the meaning of the Friendly Societies Act 1992 (c. 40));

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(e) such other description of person as may be specified by order made by the Secretary of State;

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).

29 Powers to wind up: supplementary

(1) The Secretary of State may by order make such modifications as he considers appropriate to the application of—

(a) the Insolvency Act 1986 (c. 45) by virtue of section 27(2); or (b) the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)) by

virtue of section 28(2).

(2) Any modifications made by virtue of subsection (1) are in addition to the modifications made by section 27(3) and (4) or (as the case may be) section 28(3) and (4).

(3) 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) or 28(2) to (4).

(4) An order made by virtue of section 27(5) or (6), section 28(5) or (6) or subsection (1) above may, in particular, contain consequential or supplementary provision applying, with or without modifications, any provision made by or under an enactment.

Particular types of persons

30 Bodies corporate including limited liability partnerships

(1) 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) a notice setting out the terms of the order or variation— (i) is delivered to the body corporate in person if it is delivered to an

officer of the body corporate in person; and (ii) 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

(b) 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.

(2) If an offence under section 25 committed by a body corporate is proved to have been committed with the consent or connivance of—

(a) an officer of the body corporate; or (b) a person who was purporting to act in any such capacity;

he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.

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(3) 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.

(4) In this section— “body corporate” includes a limited liability partnership; “director”, in relation to a body corporate whose affairs are managed by its

members, means a member of the body corporate; and “officer of a body corporate” means any director, manager, secretary or

other similar officer of the body corporate.

31 Other partnerships

(1) 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).

(2) 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.

(3) For the purposes of this Part, a partnership is involved in serious crime in England and Wales, Northern Ireland or elsewhere if the partnership, or any of the partners, is so involved; and involvement in serious crime in England and Wales or Northern Ireland is to be read accordingly.

(4) 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) a notice setting out the terms of the order or variation— (i) 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

(ii) 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

(b) 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.

(5) 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).

(6) For the purposes of such proceedings— (a) rules of court relating to the service of documents have effect as if the

partnership were a body corporate; and (b) the following provisions apply as they apply in relation to a body corporate—

(i) section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43);

(ii) sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 (c. 46); and

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(iii) 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)).

(7) A fine imposed on the partnership on its conviction for an offence under section 25 is to be paid out of the partnership assets.

(8) 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.

(9) For the purposes of subsection (8)— (a) 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 (b) subsection (5) is not to be read as prejudicing any liability of a partner under

subsection (8).

(10) Nothing in this section prevents a serious crime prevention order from being made against—

(a) a particular partner; or (b) a senior officer or employee of a partnership or any other person associated

with a partnership.

(11) 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; and

“partnership” does not include a limited liability partnership.

32 Unincorporated associations

(1) 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).

(2) 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.

(3) 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) a notice setting out the terms of the order or variation— (i) is delivered to the association in person if it is delivered to an officer

of the association in person; and (ii) 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

(b) 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.

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(4) 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).

(5) For the purposes of such proceedings— (a) rules of court relating to the service of documents have effect as if the

association were a body corporate; and (b) the following provisions apply as they apply in relation to a body corporate—

(i) section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43);

(ii) sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 (c. 46); and

(iii) 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)).

(6) 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.

(7) 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.

(8) For the purposes of subsection (7)— (a) references to an officer of an unincorporated association include references to

any person purporting to act in such a capacity; and (b) subsection (4) is not to be read as prejudicing any liability of an officer of an

unincorporated association under subsection (7).

(9) Nothing in this section prevents a serious crime prevention order from being made against—

(a) a member, officer or employee of an unincorporated association; or (b) any other person associated with an unincorporated association.

(10) In this section— “officer of an unincorporated association” means any officer of an

unincorporated association or any member of its governing body; and “unincorporated association” means any body of persons unincorporate but

does not include a partnership.

33 Overseas bodies

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.

34 Providers of information society services

(1) A serious crime prevention order may not include terms which restrict the freedom of a service provider who is established in an EEA state other than the United Kingdom to provide information society services in relation to an EEA state unless the conditions in subsections (2) and (3) are met.

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(2) The condition in this subsection is that the court concerned considers that the terms— (a) are necessary for the objective of protecting the public by preventing,

restricting or disrupting involvement in— (i) in the case of an order in England and Wales, serious crime in England

and Wales; and (ii) in the case of an order in Northern Ireland, serious crime in Northern

Ireland; (b) relate to an information society service which prejudices that objective or

presents a serious and grave risk of prejudice to it; and (c) are proportionate to that objective.

(3) The conditions in this subsection are that— (a) 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; and

(b) a law enforcement officer has notified the Commission of the European Communities and the EEA state of—

(i) the intention to seek an order containing the terms; and (ii) the terms.

(4) It does not matter for the purposes of subsection (3) whether the request or notification is made before or after the making of the application for the order.

(5) 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).

(6) A serious crime prevention order may not include terms which impose a general obligation on service providers of intermediary services covered by Articles 12, 13 and 14 of the E-Commerce Directive—

(a) to monitor the information which they transmit or store when providing those services; or

(b) actively to seek facts or circumstances indicating illegal activity when providing those services.

(7) For the purposes of this section— (a) 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 48 of the EEC Treaty;

(b) 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;

(c) 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;

and references to a person being established in an EEA state are to be read accordingly.

(8) In this section—

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“the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce);

“information society services”— (a) 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

(b) is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;

“intermediary services” means an information society service which— (a) consists in the provision of access to a communication network or the

transmission in a communication network of information provided by a recipient of the service;

(b) consists in the transmission in a communication network of information which—

(i) is provided by a recipient of the service; and (ii) is the subject of automatic, intermediate and temporary storage

which is solely for the purpose of making the onward transmission of the information to other recipients of the service at their request more efficient; or

“recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible; and

“service provider” means a person providing an information society service.

(9) 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.

(10) Subsection (9) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Supplementary

35 Proceedings in the High Court

(1) Proceedings before the High Court in relation to serious crime prevention orders are civil proceedings.

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(2) 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.

36 Proceedings in the Crown Court

(1) Proceedings before the Crown Court arising by virtue of section 19, 20 or 21 are civil proceedings.

(2) 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.

(3) Two other consequences of this are that the court— (a) is not restricted to considering evidence that would have been admissible in

the criminal proceedings in which the person concerned was convicted; and (b) may adjourn any proceedings in relation to a serious crime prevention order

even after sentencing the person concerned.

(4) 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).

(5) A serious crime prevention order may be made as mentioned in section 19(7)(b) in spite of anything in sections 12 and 14 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) 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).

(6) 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.

37 Functions of applicant authorities

Schedule 2 (functions of applicant authorities under this Part) has effect.

38 Disclosure of information in accordance with orders

(1) 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 —

(a) any obligation of confidence; or (b) any other restriction on making the disclosure concerned (however imposed).

(2) 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).

39 Compliance with orders: authorised monitors

(1) A serious crime prevention order against a body corporate, partnership or unincorporated association may authorise a law enforcement agency to enter into arrangements with—

(a) a specified person; or

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(b) any person who falls within a specified description of persons; to perform specified monitoring services or monitoring services of a specified description.

(2) 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.

(3) 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.

(4) 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.

(5) Any such order— (a) must specify the period, or periods, within which payments are to be made; (b) may require the making of payments on account; (c) may include other terms about the calculation or payment of costs.

(6) 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).

(7) 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 —

(a) the means of the body corporate, partnership or unincorporated association concerned;

(b) the expected size of the costs; and (c) 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.

(8) 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.

(9) 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.

(10) In this section— “law enforcement agency” means—

(a) a police authority or the Northern Ireland Policing Board; (b) the Serious Organised Crime Agency; (c) the Commissioners for Her Majesty's Revenue and Customs; or (d) the Director of the Serious Fraud Office;

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“monitoring services” means— (a) analysing some or all information received in accordance with a serious

crime prevention order; (b) reporting to a law enforcement officer as to whether, on the basis of

the information and any other information analysed for this purpose, the subject of the order appears to be complying with the order or any part of it; and

in the order.

40 Costs in relation to authorised monitors

(1) The Secretary of State may by order make provision about the practice and procedure for determining the amount of—

(a) any costs payable by virtue of section 39(4) and (5); and (b) any interest payable in respect of those costs.

(2) Such provision may, in particular, include provision about appeals.

(3) 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.

(4) The Secretary of State must by order provide for what are reasonable steps for the purposes of subsection (3).

(5) Any amounts which have not been recovered despite the taking of the reasonable steps are recoverable as if due to the law enforcement agency concerned by virtue of a civil order or judgment.

(6) 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).

(7) 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).

(8) In this section “law enforcement agency” has the same meaning as in section 39.

41 Powers of law enforcement officers to retain documents

(1) A law enforcement officer— (a) 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 (b) 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.

(2) 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—

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(a) may have to be produced for the purposes of those proceedings; and (b) might be unavailable unless retained.

Interpretation: Part 1

42 Interpretation: Part 1

In this Part— “act” and “conduct” include omissions and statements; “country” includes territory; “modifications” includes additions and omissions (and “modify” is to be

read accordingly); “the public” includes a section of the public or a particular member of the

public.

43 Index of defined expressions: Part 1

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 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 Revenue and Customs Prosecutions, Director of the Serious Fraud Office and Director of Public Prosecutions for Northern Ireland

Paragraphs 2(2), 7(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)

law enforcement officer section 5(7) modifications (and modify) section 42

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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)

PROSPECTIVE

PART 2

ENCOURAGING OR ASSISTING CRIME

Inchoate offences

44 Intentionally encouraging or assisting an offence

(1) A person commits an offence if— (a) he does an act capable of encouraging or assisting the commission of an

offence; and (b) he intends to encourage or assist its commission.

(2) 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.

45 Encouraging or assisting an offence believing it will be committed

A person commits an offence if— (a) he does an act capable of encouraging or assisting the commission of an

offence; and (b) he believes—

(i) that the offence will be committed; and (ii) that his act will encourage or assist its commission.

46 Encouraging or assisting offences believing one or more will be committed

(1) A person commits an offence if— (a) he does an act capable of encouraging or assisting the commission of one or

more of a number of offences; and (b) he believes—

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(i) that one or more of those offences will be committed (but has no belief as to which); and

(ii) that his act will encourage or assist the commission of one or more of them.

(2) 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.

(3) If a person is charged with an offence under subsection (1)— (a) the indictment must specify the offences alleged to be the “number of

offences” mentioned in paragraph (a) of that subsection; but (b) nothing in paragraph (a) requires all the offences potentially comprised in that

number to be specified.

(4) 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).

47 Proving an offence under this Part

(1) Sections 44, 45 and 46 are to be read in accordance with this section.

(2) 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.

(3) 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—

(a) that an act would be done which would amount to the commission of that offence; and

(b) that his act would encourage or assist the doing of that act.

(4) 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—

(a) 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

(b) that his act would encourage or assist the doing of one or more of those acts.

(5) In proving for the purposes of this section whether an act is one which, if done, would amount to the commission of an offence—

(a) if the offence is one requiring proof of fault, it must be proved that— (i) D believed that, were the act to be done, it would be done with that

fault; (ii) D was reckless as to whether or not it would be done with that fault; or

(iii) D's state of mind was such that, were he to do it, it would be done with that fault; and

(b) if the offence is one requiring proof of particular circumstances or consequences (or both), it must be proved that—

(i) D believed that, were the act to be done, it would be done in those circumstances or with those consequences; or

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(ii) D was reckless as to whether or not it would be done in those circumstances or with those consequences.

(6) For the purposes of subsection (5)(a)(iii), D is to be assumed to be able to do the act in question.

(7) In the case of an offence under section 44— (a) subsection (5)(b)(i) is to be read as if the reference to “D believed” were a

reference to “D intended or believed”; but (b) 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.

(8) Reference in this section to the doing of an act includes reference to— (a) a failure to act; (b) the continuation of an act that has already begun; (c) an attempt to do an act (except an act amounting to the commission of the

offence of attempting to commit another offence).

(9) In the remaining provisions of this Part (unless otherwise provided) a reference to the anticipated offence is—

(a) in relation to an offence under section 44, a reference to the offence mentioned in subsection (2); and

(b) in relation to an offence under section 45, a reference to the offence mentioned in subsection (3).

48 Proving an offence under section 46

(1) This section makes further provision about the application of section 47 to an offence under section 46.

(2) It is sufficient to prove the matters mentioned in section 47(5) by reference to one offence only.

(3) The offence or offences by reference to which those matters are proved must be one of the offences specified in the indictment.

(4) 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.

49 Supplemental provisions

(1) 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.

(2) If a person's act is capable of encouraging or assisting the commission of a number of offences—

(a) section 44 applies separately in relation to each offence that he intends to encourage or assist to be committed; and

(b) section 45 applies separately in relation to each offence that he believes will be encouraged or assisted to be committed.

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(3) A person may, in relation to the same act, commit an offence under more than one provision of this Part.

(4) In reckoning whether— (a) for the purposes of section 45, an act is capable of encouraging or assisting

the commission of an offence; or (b) 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; offences under this Part and listed offences are to be disregarded.

(5) “Listed offence” means— (a) in England and Wales, an offence listed in Part 1, 2 or 3 of Schedule 3; and (b) in Northern Ireland, an offence listed in Part 1, 4 or 5 of that Schedule.

(6) The Secretary of State may by order amend Schedule 3.

(7) 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.

Reasonableness defence

50 Defence of acting reasonably

(1) A person is not guilty of an offence under this Part if he proves— (a) that he knew certain circumstances existed; and (b) that it was reasonable for him to act as he did in those circumstances.

(2) A person is not guilty of an offence under this Part if he proves— (a) that he believed certain circumstances to exist; (b) that his belief was reasonable; and (c) that it was reasonable for him to act as he did in the circumstances as he

believed them to be.

(3) Factors to be considered in determining whether it was reasonable for a person to act as he did include—

(a) the seriousness of the anticipated offence (or, in the case of an offence under section 46, the offences specified in the indictment);

(b) any purpose for which he claims to have been acting; (c) any authority by which he claims to have been acting.

Limitation on liability

51 Protective offences: victims not liable

(1) In the case of protective offences, a person does not commit an offence under this Part by reference to such an offence if—

(a) he falls within the protected category; and (b) he is the person in respect of whom the protective offence was committed or

would have been if it had been committed.

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(2) “Protective offence” means an offence that exists (wholly or in part) for the protection of a particular category of persons (“the protected category”).

Jurisdiction and procedure

52 Jurisdiction

(1) 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.

(2) 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.

(3) A reference in this section (and in any of those paragraphs) to what D anticipates is to be read as follows—

(a) 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;

(b) 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.

(4) In their application to Northern Ireland, this section and Schedule 4 have effect as if references to—

(a) England or Wales; and (b) England and Wales;

were references to Northern Ireland.

(5) 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.

53 Prosecution of offences triable by reason of Schedule 4

No proceedings for an offence triable by reason of any provision of Schedule 4 may be instituted—

(a) in England and Wales, except by, or with the consent of, the Attorney General; or

(b) in Northern Ireland, except by, or with the consent of, the Advocate General for Northern Ireland.

54 Institution of proceedings etc. for an offence under this Part

(1) 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.

(2) This section applies to provisions made by or under an enactment (whenever passed or made) that—

(a) 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);

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(b) confer power to institute proceedings; (c) confer power to seize and detain property; (d) confer a power of forfeiture, including any power to deal with anything liable

to be forfeited.

(3) In relation to an offence under section 46— (a) the reference in subsection (1) to the anticipated offence is to be read as a

reference to any offence specified in the indictment; and (b) each of the offences specified in the indictment must be an offence in respect

of which the prosecutor has power to institute proceedings.

(4) Any consent to proceedings required as a result of this section is in addition to any consent required by section 53.

(5) 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 other than the United Kingdom unless the derogation condition is satisfied.

(6) The derogation condition is satisfied where the institution of proceedings— (a) is necessary to pursue the public interest objective; (b) relates to an information society service that prejudices that objective or

presents a serious and grave risk of prejudice to it; and (c) is proportionate to that objective.

(7) The public interest objective is public policy.

(8) 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.

55 Mode of trial

(1) An offence under section 44 or 45 is triable in the same way as the anticipated offence.

(2) An offence under section 46 is triable on indictment.

56 Persons who may be perpetrators or encouragers etc.

(1) In proceedings for an offence under this Part (“the inchoate offence”) the defendant may be convicted if—

(a) it is proved that he must have committed the inchoate offence or the anticipated offence; but

(b) it is not proved which of those offences he committed.

(2) 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.

(3) 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.

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57 Alternative verdicts and guilty pleas

(1) 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.

(2) 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.

(3) 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.

(4) For the purposes of this section, an offence is an alternative offence if— (a) it is an offence of which, on a trial on indictment for the specified offence, an

accused may be found guilty; or (b) 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.

(5) 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.

(6) Subsection (4)(b) does not apply if the specified offence, or any of the specified offences, is murder or treason.

(7) 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.

(8) 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.

(9) In this section— (a) 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;

(b) 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.

(10) 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.

(11) This section applies to an indictment containing more than one count as if each count were a separate indictment.

(12) This section is without prejudice to— (a) section 6(1)(b) and (3) of the Criminal Law Act 1967 (c. 58); (b) section 6(1)(b) and (2) of the Criminal Law Act (Northern Ireland) 1967

(c. 18).

38 Serious Crime Act 2007 (c. 27) Part 2 – Encouraging or assisting crime

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58 Penalties

(1) Subsections (2) and (3) apply if— (a) a person is convicted of an offence under section 44 or 45; or (b) a person is convicted of an offence under section 46 by reference to only one

offence (“the reference offence”).

(2) If the anticipated or reference offence is murder, he is liable to imprisonment for life.

(3) In any other case he is liable to any penalty for which he would be liable on conviction of the anticipated or reference offence.

(4) 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”).

(5) If one of the reference offences is murder, he is liable to imprisonment for life.

(6) If none of the reference offences is murder but one or more of them is punishable with imprisonment, he is liable—

(a) 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

(b) to a fine.

(7) In any other case he is liable to a fine.

(8) Subsections (3), (6) and (7) are subject to any contrary provision made by or under— (a) an Act; or (b) Northern Ireland legislation.

(9) 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.

Consequential alterations of the law

59 Abolition of common law replaced by this Part

The common law offence of inciting the commission of another offence is abolished.

60 Amendments relating to service law

Schedule 5 (which amends enactments relating to service law) has effect.

61 Repeal of offence of enabling unauthorised access to computer material

(1) The Police and Justice Act 2006 (c. 48) is amended as follows.

(2) In section 35 (unauthorised access to computer material), omit subsection (2).

(3) 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)—

(a) in subsection (2)— (i) at the end of paragraph (b), insert “ or ”; and

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(ii) omit paragraph (d) and the word “or” preceding it; (b) in subsection (3) for “to (d)” substitute “ to (c) ”.

(4) In section 38 (transitional and saving provision), omit subsection (1).

(5) In Schedule 14 (minor and consequential amendments), omit paragraphs 19(2) and 29(2).

62 No individual liability in respect of corporate manslaughter

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 —

“(1A) An individual cannot be guilty of an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) by reference to an offence of corporate manslaughter.”

63 Consequential amendments: Part 2

(1) 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.

(2) Part 2 of Schedule 6 contains other minor and consequential amendments.

(3) The Secretary of State may by order amend Part 1 of Schedule 6 by adding or removing a provision.

Interpretation: Part 2

64 Encouraging or assisting the commission of an offence

A reference in this Part to encouraging or assisting the commission of an offence is to be read in accordance with section 47.

65 Being capable of encouraging or assisting

(1) 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.

(2) 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—

(a) taking steps to reduce the possibility of criminal proceedings being brought in respect of that offence;

(b) failing to take reasonable steps to discharge a duty.

(3) 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.

40 Serious Crime Act 2007 (c. 27) Part 3 – Other measures to prevent or disrupt serious and other crime

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66 Indirectly encouraging or assisting

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.

67 Course of conduct

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.

PROSPECTIVE

PART 3

OTHER MEASURES TO PREVENT OR DISRUPT SERIOUS AND OTHER CRIME

CHAPTER 1

PREVENTION OF FRAUD

Sharing information with anti-fraud organisations

68 Disclosure of information to prevent fraud

(1) 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.

(2) The information— (a) may be information of any kind; and (b) 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.

(3) Disclosure under this section does not breach— (a) any obligation of confidence owed by the public authority disclosing the

information; or (b) any other restriction on the disclosure of information (however imposed).

(4) But nothing in this section authorises any disclosure of information which— (a) contravenes the Data Protection Act 1998 (c. 29); or (b) is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000

(c. 23).

(5) Nothing in this section authorises any disclosure by a relevant public authority of information 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.

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(6) In subsection (5) “relevant public authority” means a public authority which has (whether alone or in addition to other functions) functions which are exercisable within devolved competence (within the meaning given by section 54 of the Scotland Act 1998 (c. 46)).

(7) This section does not limit the circumstances in which information may be disclosed apart from this section.

(8) In this section— “an anti-fraud organisation” means any unincorporated association, body

corporate or other person which enables or facilitates any sharing of information to prevent fraud or a particular kind of fraud or which has any of these functions as its purpose or one of its purposes;

“information” includes documents; “public authority” means any public authority within the meaning of

section 6 of the Human Rights Act 1998 (c. 42) (acts of public authorities); and “specified” means specified by an order made by the Secretary of State.

69 Offence for certain further disclosures of information

(1) A person (“B”) commits an offence, subject as follows, if— (a) B discloses protected information which has been disclosed by a public

authority— (i) as a result of the public authority being a member of a specified anti-

fraud organisation; or (ii) otherwise in accordance with any arrangements made by such an

organisation; (b) the information—

(i) has been so disclosed by the public authority to B; or (ii) 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

(c) B knows or suspects, or has reasonable grounds for suspecting, that the information is information of the kind mentioned in paragraphs (a) and (b).

(2) Subsection (1) does not apply to a disclosure made by B— (a) 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;

(b) for the purposes of the detection, investigation or prosecution of an offence in the United Kingdom;

(c) with the consent of the public authority concerned; or (d) in pursuance of a Community obligation or a duty imposed by an enactment;

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.

(3) Subsection (1) does not apply to a disclosure made by B of information— (a) which has been disclosed by a relevant public authority; and

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(b) 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;

and subsection (6) of section 68 applies for the purposes of this subsection as it applies for the purposes of subsection (5) of that section.

(4) It is a defence for a person charged with an offence under this section to prove that the person reasonably believed—

(a) that the disclosure was lawful; or (b) that the information had already and lawfully been made available to the

public.

(5) In this section “protected information” means— (a) any revenue and customs information disclosed by Revenue and Customs and

revealing the identity of the person to whom it relates; or (b) any specified information disclosed by a specified public authority.

(6) For the purposes of this section— (a) “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;

(b) revenue and customs information reveals a person's identity if— (i) it specifies his identity; or

(ii) his identity can be deduced from it; and (c) 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.

(7) In this section— “Commissioners of Revenue and Customs” means Commissioners for Her

Majesty's Revenue and Customs; “enactment” has the same meaning as in section 14; “public authority” has the same meaning as in section 68; “Revenue and Customs” means—

(a) the Commissioners of Revenue and Customs; (b) an officer of Revenue and Customs; or (c) a person acting on behalf of the Commissioners or an officer of Revenue

and Customs; “specified anti-fraud organisation” means any person which is a specified

anti-fraud organisation for the purposes of section 68; “specified information” means information specified or described in an

order made by the Secretary of State; and “specified public authority” means a public authority specified or described

in an order made by the Secretary of State.

70 Penalty and prosecution for offence under section 69

(1) A person who commits an offence under section 69 is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months

or to a fine not exceeding the statutory maximum or to both;

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(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(2) A prosecution for an offence under section 69 may be begun in England and Wales only—

(a) in the case of revenue and customs information disclosed by Revenue and Customs—

(i) by the Director of Revenue and Customs Prosecutions; or (ii) with the consent of the Director of Public Prosecutions; and

(b) in any other case, with the consent of the Director of Public Prosecutions.

(3) A prosecution for an offence under section 69 may be begun in Northern Ireland only —

(a) in the case of revenue and customs information disclosed by Revenue and Customs—

(i) by the Commissioners of Revenue and Customs; or (ii) with the consent of the Director of Public Prosecutions for Northern

Ireland; and (b) in any other case, with the consent of the Director of Public Prosecutions for

Northern Ireland.

(4) 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—

(a) an officer of the body corporate or (as the case may be) a partner or a senior officer of the partnership; or

(b) a person who was purporting to act in any such capacity; he (as well as the body corporate or partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.

(5) 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.

(6) In this section— “body corporate” includes a limited liability partnership; “Commissioners of Revenue and Customs”, “Revenue and Customs” and

“revenue and customs information” have the same meaning as in section 69; “director”, in relation to a body corporate whose affairs are managed by its

members, means a member of the body corporate; “officer of a body corporate” means any director, manager, secretary or

other similar officer of the body corporate; and “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.

71 Code of practice for disclosure of information to prevent fraud

(1) 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.

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(2) Before preparing or altering the code, the Secretary of State must consult— (a) any specified anti-fraud organisation; (b) the Information Commissioner; and (c) such other persons as the Secretary of State considers appropriate.

(3) 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.

(4) Nothing in this section applies in relation to any disclosure by a relevant public authority of information 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 the Scottish Parliament.

(5) The Secretary of State must— (a) lay a copy of the code, and of any alterations to it, before Parliament; and (b) from time to time publish the code as for the time being in force.

(6) In this section— “information” and “public authority” have the same meaning as in

section 68; “relevant public authority” has the meaning given by section 68(6); and “specified anti-fraud organisation” means any person which is a specified

anti-fraud organisation for the purposes of section 68.

72 Data protection rules

In Schedule 3 to the Data Protection Act 1998 (c. 29) (conditions for processing sensitive personal data), after paragraph 7, insert—

“7A (1) The processing— (a) is either—

(i) the disclosure of sensitive personal data by a person as a member of an anti-fraud organisation or otherwise in accordance with any arrangements made by such an organisation; or

(ii) any other processing by that person or another person of sensitive personal data so disclosed; and

(b) is necessary for the purposes of preventing fraud or a particular kind of fraud.

(2) In this paragraph “an anti-fraud organisation” means any unincorporated association, body corporate or other person which enables or facilitates any sharing of information to prevent fraud or a particular kind of fraud or which has any of these functions as its purpose or one of its purposes.”

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Data matching

73 Data matching

Schedule 7 (which makes provision about data matching) has effect.

CHAPTER 2

PROCEEDS OF CRIME

Assets Recovery Agency

74 Abolition of Assets Recovery Agency and redistribution of functions etc.

(1) 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.

(2) The following Parts of Schedule 8 (abolition of Assets Recovery Agency and its Director) have effect—

(a) Part 1 (abolition of confiscation functions); (b) Part 2 (transfer to SOCA and prosecution authorities of civil recovery

functions); (c) Part 3 (transfer to SOCA of Revenue functions and power to abolish those

functions); (d) Part 4 (transfer of investigation functions); (e) Part 5 (transfer of accreditation and training functions to National Policing

Improvement Agency); (f) Part 6 (other amendments to the Proceeds of Crime Act 2002 (c. 29)); and (g) Part 7 (amendments to other enactments).

(3) 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.

(4) In this section and Schedules 8 and 9 “SOCA” means the Serious Organised Crime Agency.

Detained cash investigations: use of production orders and warrants

75 Use of production orders for detained cash investigations

(1) After section 341(3) of the Proceeds of Crime Act 2002 (types of investigation to which Part 8 applies) insert—

“(3A) For the purposes of this Part a detained cash investigation is— (a) an investigation for the purposes of Chapter 3 of Part 5 into the

derivation of cash detained under section 295 or a part of such cash, or (b) an investigation for the purposes of Chapter 3 of Part 5 into whether

cash detained under section 295, or a part of such cash, is intended by any person to be used in unlawful conduct.”

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(2) 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 ”.

(3) In section 346(2) of that Act (reasonable suspicion requirement for making a production order), after paragraph (b), insert—

“(ba) in the case of a detained cash investigation into the derivation of cash, the property the application for the order specifies as being subject to the investigation, or a part of it, is recoverable property;

(bb) in the case of a detained cash investigation into the intended use of cash, the property the application for the order specifies as being subject to the investigation, or a part of it, is intended by any person to be used in unlawful conduct;”.

(4) 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 ”.

(5) In section 381(2) of that Act (reasonable suspicion requirement for making a production order in Scotland), after paragraph (b), insert—

76 Use of search warrants etc. for detained cash investigations

(1) 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 ”.

(2) In section 353(2) of that Act (reasonable suspicion grounds for warrant where no production order), after paragraph (b), insert—

“(ba) in the case of a detained cash investigation into the derivation of cash, the property specified in the application for the warrant, or a part of it, is recoverable property;

(bb) in the case of a detained cash investigation into the intended use of cash, the property specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct;”.

(3) After section 353(7) of that Act (types of material in respect of which warrant may be issued where no production order) insert—

“(7A) In the case of a detained cash investigation into the derivation of cash, material falls within this subsection if it cannot be identified at the time of the application but it—

(a) relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and

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(b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.

(7B) In the case of a detained cash investigation into the intended use of cash, material falls within this subsection if it cannot be identified at the time of the application but it—

(a) relates to the property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and

(b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.”

(4) 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 ”.

(5) In section 388(2) of that Act (reasonable suspicion grounds for issue of warrant in Scotland where no production order), after paragraph (b), insert—

“(ba) in the case of a detained cash investigation into the derivation of cash, the property specified in the application for the warrant, or a part of it, is recoverable property;

(6) 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—

“(7A) In the case of a detained cash investigation into the derivation of cash, material falls within this subsection if it cannot be identified at the time of the application but it—

(a) relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and

(b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.

(7B) In the case of a detained cash investigation into the intended use of cash, material falls within this subsection if it cannot be identified at the time of the application but it—

(a) relates to the property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and

(b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.”

77 Further provision about detained cash investigations

Schedule 10 (which makes further provision about detained cash investigations) has effect.

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Extension of powers of accredited financial investigators

78 Powers to seize property to which restraint orders apply

(1) 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 ”.

(2) After section 45(2) of that Act insert—

“(3) The reference in subsection (1) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that subsection by the Secretary of State under section 453.”

(3) In section 194(1) of that Act (seizure of property to which restraint order applies: Northern Ireland) after “constable” insert “ , an accredited financial investigator ”.

(4) After section 194(2) of that Act insert—

79 Powers to recover cash

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.

80 Powers in relation to certain investigations

(1) 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.)—

(a) in paragraph (a), after “constable” insert “ , an accredited financial investigator ”; and

(b) in paragraph (c) (as inserted by Schedule 10 to this Act), after “constable” insert “ , an accredited financial investigator ”.

(2) After section 352(6) of that Act insert—

“(7) The reference in paragraph (a) or (c) of subsection (5) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State under section 453.”

(3) In section 353(10) of that Act (requirements in relation to search and seizure warrants) —

(a) in paragraph (a), after “constable” insert “ , an accredited financial investigator ”; and

(b) in paragraph (c) (as inserted by Schedule 10 to this Act), after “constable” insert “ , an accredited financial investigator ”.

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(4) After section 353(10) of that Act insert—

“(11) The reference in paragraph (a) or (c) of subsection (10) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State under section 453.”

(5) In section 356(11)(b) of that Act (as inserted by Schedule 10 to this Act) (further provisions in relation to search and seizure warrants: detained cash investigations) after “constable” insert “ , an accredited financial investigator ”.

(6) After section 356(11) of that Act (as inserted by Schedule 10 to this Act) insert—

“(12) The reference in paragraph (b) of subsection (11) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State under section 453.”

(7) 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—

“(ab) an accredited financial investigator;”.

(8) After section 378(3A) of that Act (as inserted by Schedule 10 to this Act) insert—

“(3B) The reference in paragraph (ab) of subsection (3A) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State under section 453.”

81 Supplementary provision in relation to new powers

(1) In section 453(2) of the Proceeds of Crime Act 2002 (c. 29) (power to modify references to accredited financial investigators)—

(a) after “may” insert “ , in particular, ”; and (b) after “person” insert “ or by reference to particular types of training

undertaken ”.

(2) After section 453 of that Act insert—

“453A Certain offences in relation to financial investigators

(1) A person commits an offence if he assaults an accredited financial investigator who is acting in the exercise of a relevant power.

(2) A person commits an offence if he resists or wilfully obstructs an accredited financial investigator who is acting in the exercise of a relevant power.

(3) A person guilty of an offence under subsection (1) is liable on summary conviction—

(a) to imprisonment for a term not exceeding 51 weeks; or (b) to a fine not exceeding level 5 on the standard scale;

or to both.

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(4) A person guilty of an offence under subsection (2) is liable on summary conviction—

(a) to imprisonment for a term not exceeding 51 weeks; or (b) to a fine not exceeding level 3 on the standard scale;

or to both.

(5) In this section “relevant power” means a power exercisable under— (a) section 45 or 194 (powers to seize property to which restraint orders

apply); (b) section 289 (powers to search for cash); (c) section 294 (powers to seize cash); (d) section 295(1) (power to detain seized cash); or (e) a search and seizure warrant issued under section 352.

(6) In the application of this section to England and Wales in relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (alteration of penalties for summary offences), and in the application of this section to Northern Ireland—

(a) the reference to 51 weeks in subsection (3)(a) is to be read as a reference to 6 months; and

(b) the reference to 51 weeks in subsection (4)(a) is to be read as a reference to 1 month.”

Miscellaneous

82 Powers of management receivers and enforcement receivers

(1) 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—

“(8A) Subsection (8), so far as relating to the power mentioned in subsection (2)(b), does not apply to property which—

(a) is perishable; or (b) ought to be disposed of before its value diminishes.”

(2) 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—

“(8A) Subsection (8), so far as relating to the power mentioned in subsection (2)(b), does not apply to property which—

(a) is perishable; or (b) ought to be disposed of before its value diminishes.”

(3) 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—

“(8A) Subsection (8), so far as relating to the power mentioned in subsection (2)(b), does not apply to property which—

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(a) is perishable; or (b) ought to be disposed of before its value diminishes.”

(4) 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—

“(8A) Subsection (8), so far as relating to the power mentioned in subsection (2)(b), does not apply to property which—

(a) is perishable; or (b) ought to be disposed of before its value diminishes.”

83 Civil recovery management receivers

(1) After section 245D of the Proceeds of Crime Act 2002 (property freezing orders) insert —

“245E Receivers in connection with property freezing orders

(1) Subsection (2) applies if— (a) the High Court makes a property freezing order on an application by

an enforcement authority, and (b) the authority applies to the court to proceed under subsection (2)

(whether as part of the application for the property freezing order or at any time afterwards).

(2) The High Court may by order appoint a receiver in respect of any property to which the property freezing order applies.

(3) An application for an order under this section may be made without notice if the circumstances are such that notice of the application would prejudice any right of the enforcement authority to obtain a recovery order in respect of any property.

(4) In its application for an order under this section, the enforcement authority must nominate a suitably qualified person for appointment as a receiver.

(5) Such a person may be a member of staff of the enforcement authority.

(6) The enforcement authority may apply a sum received by it under section 280(2) in making payment of the remuneration and expenses of a receiver appointed under this section.

(7) Subsection (6) does not apply in relation to the remuneration of the receiver if he is a member of the staff of the enforcement authority (but it does apply in relation to such remuneration if the receiver is a person providing services under arrangements made by the enforcement authority).

245F Powers of receivers appointed under section 245E

(1) If the High Court appoints a receiver under section 245E on an application by an enforcement authority, the court may act under this section on the application of the authority.

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(2) The court may by order authorise or require the receiver— (a) to exercise any of the powers mentioned in paragraph 5 of Schedule 6

(management powers) in relation to any property in respect of which the receiver is appointed,

(b) to take any other steps the court thinks appropriate in connection with the management of any such property (including securing the detention, custody or preservation of the property in order to manage it).

(3) The court may by order require any person in respect of whose property the receiver is appointed—

(a) to bring the property to a place (in England and Wales or, as the case may be, Northern Ireland) specified by the receiver or to place it in the custody of the receiver (if, in either case, he is able to do so),

(b) to do anything he is reasonably required to do by the receiver for the preservation of the property.

(4) The court may by order require any person in respect of whose property the receiver is appointed to bring any documents relating to the property which are in his possession or control to a place (in England and Wales or, as the case may be, Northern Ireland) specified by the receiver or to place them in the custody of the receiver.

(5) In subsection (4) “document” means anything in which information of any description is recorded.

(6) Any prohibition on dealing with property imposed by a property freezing order does not prevent a person from complying with any requirements imposed by virtue of this section.

(7) If— (a) the receiver deals with any property which is not property in respect

of which he is appointed under section 245E, and (b) at the time he deals with the property he believes on reasonable

grounds that he is entitled to do so by virtue of his appointment, the receiver is not liable to any person in respect of any loss or damage resulting from his dealing with the property except so far as the loss or damage is caused by his negligence.

245G Supervision of section 245E receiver and variations

(1) Any of the following persons may at any time apply to the High Court for directions as to the exercise of the functions of a receiver appointed under section 245E—

(a) the receiver, (b) any party to the proceedings for the appointment of the receiver or

the property freezing order concerned, (c) any person affected by any action taken by the receiver, (d) any person who may be affected by any action proposed to be taken

by the receiver.

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(2) Before giving any directions under subsection (1), the court must give an opportunity to be heard to—

(a) the receiver, (b) the parties to the proceedings for the appointment of the receiver and

for the property freezing order concerned, (c) any person who may be interested in the application under

subsection (1).

(3) The court may at any time vary or set aside the appointment of a receiver under section 245E, any order under section 245F or any directions under this section.

(4) Before exercising any power under subsection (3), the court must give an opportunity to be heard to—

(a) the receiver, (b) the parties to the proceedings for the appointment of the receiver, for

the order under section 245F or, as the case may be, for the directions under this section;

(d) any person who may be affected by the court's decision.”

(2) 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, ”.

(3) 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—

“(ca) a receiver appointed under section 245E;”.

84 Powers for prosecutors to appear in cash recovery proceedings

(1) After section 302 of the Proceeds of Crime Act 2002 (c. 29) (recovery of cash in summary proceedings: compensation) insert—

“302A Powers for prosecutors to appear in proceedings

(1) The Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland may appear for a constable in proceedings under this Chapter if the Director—

(a) is asked by, or on behalf of, a constable to do so, and (b) considers it appropriate to do so.

(2) The Director of Revenue and Customs Prosecutions may appear for the Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs in proceedings under this Chapter if the Director—

(a) is asked by, or on behalf of, the Commissioners for Her Majesty's Revenue and Customs or (as the case may be) an officer of Revenue and Customs to do so, and

(b) considers it appropriate to do so.

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(3) The Directors may charge fees for the provision of services under this section.”

(2) After section 2C(3) of that Act (prosecuting authorities) (as inserted by Schedule 8 to this Act) insert—

“(3A) Subsection (3) does not apply to the functions of the Director of Public Prosecutions for Northern Ireland and the Director of Revenue and Customs Prosecutions under section 302A.”

(3) After section 38(1) of the Commissioners for Revenue and Customs Act 2005 (c. 11) (conduct of prosecutions on behalf of the Office) insert—

“(1A) An individual who is not a member of the Office may be appointed by the Director to appear in—

(a) specified proceedings, or (b) a specified class or description of proceedings,

in which the Director or a Prosecutor would otherwise appear by virtue of section 302A of the Proceeds of Crime Act 2002 (cash recovery proceedings).”

(4) After section 39(1) of that Act (designation of non-legal staff) insert—

“(1A) The Director may designate a member of the Office to appear in— (a) specified proceedings, or (b) a specified class or description of proceedings,

in which the Director or a Prosecutor would otherwise appear by virtue of section 302A of the Proceeds of Crime Act 2002 (cash recovery proceedings).”

85 Disclosure of information by Revenue and Customs

(1) This section applies to information held as mentioned in section 18(1) of the Commissioners for Revenue and Customs Act 2005 (c. 11) (confidentiality).

(2) Information to which this section applies may be disclosed by or with the authority of the Commissioners of Revenue and Customs—

(a) 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

(b) to any specified public authority (in the United Kingdom or elsewhere)— (i) 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

(ii) (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.

(3) The matters within this subsection are— (a) the identification of proceeds of crime;

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(b) the bringing of civil proceedings for enforcement purposes in relation to proceeds of crime; and

(4) Information disclosed in accordance with subsection (2) must not be further disclosed except—

(a) 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

(b) with the consent of the Commissioners of Revenue and Customs or an authorised officer of the Commissioners of Revenue and Customs.

(5) For the purposes of this section any consent or authorisation may be general or specific.

(6) If a person in the United Kingdom discloses, in contravention of subsection (4), any revenue and customs information relating to a person whose identity—

(a) is specified in the disclosure; or (b) can be deduced from it;

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.

(7) 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).

(8) Nothing in this section authorises any disclosure of information which— (a) contravenes the Data Protection Act 1998 (c. 29); or (b) is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000

(c. 23).

(9) In this section— “the 2005 Act” means the Commissioners for Revenue and Customs Act

2005 (c. 11); “assets” means property of any description, wherever situated; “civil proceedings” means civil proceedings of whatever nature and

whether brought in the United Kingdom or elsewhere; “Commissioners of Revenue and Customs” means the Commissioners for

Her Majesty's Revenue and Customs; “enforcement purposes”, in relation to the proceeds of crime, means with

a view to— (a) recovering, forfeiting or freezing assets constituting proceeds of crime;

or (b) otherwise depriving persons (to any extent) of, or of access to, such

assets or the benefit of such assets; “functions” includes powers, duties and objectives, and references to the

exercise of functions include the pursuit of objectives; “proceeds of crime” means assets derived, or suspected to be derived,

directly or indirectly from criminal conduct (wherever occurring); “public authority” means any body or person discharging functions of a

public nature;

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“revenue and customs information relating to a person” has the meaning given by section 19(2) of the 2005 Act;

“specified” means specified in an order made by the Treasury; and “the specifying order”, in relation to a specified public authority, means the

order specifying the authority for the purposes of this section.

86 Use of force in executing search warrants: Scotland

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—

“(4A) A proper person may, if necessary, use reasonable force in executing a search warrant.”

CHAPTER 3

OTHER MEASURES

87 Incidents involving serious violence: powers to stop and search

(1) 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—

“(aa) that— (i) an incident involving serious violence has taken place in

England and Wales in his police area; (ii) a dangerous instrument or offensive weapon used in the

incident is being carried in any locality in his police area by a person; and

(iii) it is expedient to give an authorisation under this section to find the instrument or weapon;”.

(2) In section 60(9) of that Act (authorisation must be in writing), at the beginning, insert “ Subject to subsection (9ZA), ”.

(3) After section 60(9) of that Act insert—

“(9ZA) An authorisation under subsection (1)(aa) need not be given in writing where it is not practicable to do so but any oral authorisation must state the matters which would otherwise have to be specified under subsection (9) and must be recorded in writing as soon as it is practicable to do so.”

(4) In section 60(9A) of that Act (application to British Transport Police)— (a) after “place” insert “ in England and Wales ”; and (b) 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 ”.

(5) 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)

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(i) above, any article used in the incident to cause or threaten injury to any person or otherwise to intimidate ”.

(6) In the heading to section 60 of that Act after “of” insert “ , or after, ”.

88 Extension of investigatory powers of Revenue and Customs

Schedule 12 (which makes provision about the regulation of investigatory powers of Her Majesty's Revenue and Customs) has effect.

PART 4

GENERAL AND FINAL PROVISIONS

General

89 Orders

(1) Any power of the Secretary of State, the Treasury or the Scottish Ministers to make an order under this Act is exercisable by statutory instrument.

(2) Any power of the Secretary of State or the Treasury to make an order under this Act— (a) may be exercised so as to make different provision for different cases or

descriptions of case or different purposes; (b) 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 appropriate.

(3) No order is to be made 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.

(4) Subsection (3) does not apply to an order under section 90 which does not amend or repeal any provision of an Act.

(5) 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.

(6) An order under section 7, 24(9), 27(6) or (12), 28(6) or (11), 29, 33, 40, 68 or 85 is subject to annulment in pursuance of a resolution of either House of Parliament.

90 Supplementary, incidental and consequential provision

(1) 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.

(2) 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).

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(3) 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.

91 Transitional and transitory provisions and savings

(1) Schedule 13 (transitional and transitory provisions and savings) has effect.

(2) 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)).

(3) 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).

Annotations:

Commencement Information I1 S. 91 partly in force; s. 91(2)(3) in force at Royal Assent see s. 94(1)

PROSPECTIVE

92 Repeals and revocations

Schedule 14 (which contains repeals and revocations) has effect.

Final

93 Extent

(1) The following provisions extend to England and Wales only— (a) section 78(1) and (2); (b) section 82(1) and (2); (c) section 87; and (d) Parts 1 and 2 of Schedule 7 and section 73 so far as relating to those Parts.

(2) The following provisions extend to England and Wales and Northern Ireland only— (a) Part 1 (including Schedules 1 and 2) but excluding sections 25 to 29 (and any

provision of that Part so far as relating to those sections) and paragraphs 10, 11 and 19 of Schedule 2;

(b) 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;

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(3) The following provisions extend to Scotland only— (a) section 68(5) and (6); (b) section 69(3); (c) section 71(4); (d) section 75(4) and (5); (e) section 76(4) to (6); and (f) section 86.

(4) The following provisions extend to Northern Ireland only— (a) section 78(3) and (4); (b) section 82(3) and (4); and (c) Part 3 of Schedule 7 and section 73 so far as relating to that Part.

(5) 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—

(a) it does not extend to Scotland; and (b) paragraph 53 of Schedule 6 does not extend to Northern Ireland.

(6) 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.

(7) Subject as above, this Act extends to England and Wales, Scotland and Northern Ireland.

94 Commencement

(1) 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.

(2) The Secretary of State must consult the Scottish Ministers before making an order under subsection (1) in relation to—

(a) section 75(1); (b) paragraph 2 of Schedule 10; or (c) paragraph 24 of that Schedule.

(3) 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.

(4) Those provisions are— (a) section 75(4) and (5); (b) section 76(4) to (6); (c) section 86; (d) paragraphs 14 to 23 and, so far as extending to Scotland, paragraph 25 of

Schedule 10; and (e) so far as relating to the provisions falling within paragraph (d) above,

paragraph 1 of that Schedule and section 77.

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95 Short title

This Act may be cited as the Serious Crime Act 2007.

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PROSPECTIVE

S C H E D U L E S

SCHEDULE 1 Sections 2 and 3

SERIOUS OFFENCES

PART 1

SERIOUS OFFENCES IN ENGLAND AND WALES

Drug trafficking 1 (1) An offence under any of the following provisions of the Misuse of Drugs Act 1971

(c. 38)— (a) section 4(2) or (3) (unlawful production or supply of controlled drugs); (b) section 5(3) (possession of controlled drug with intent to supply); (c) section 8 (permitting etc. certain activities relating to controlled drugs); (d) section 20 (assisting in or inducing the commission outside the United

Kingdom of an offence punishable under a corresponding law).

(2) 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—

(a) section 50(2) or (3) (improper importation of goods); (b) section 68(2) (exportation of prohibited or restricted goods); (c) section 170 (fraudulent evasion of duty etc.).

(3) An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990 (c. 5)—

(a) section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act);

(b) section 19 (using a ship for illicit traffic in controlled drugs).

People trafficking 2 (1) An offence under section 25, 25A or 25B of the Immigration Act 1971 (c. 77)

(assisting unlawful immigration etc.).

(2) An offence under any of sections 57 to 59 of the Sexual Offences Act 2003 (c. 42) (trafficking for sexual exploitation).

(3) An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (trafficking people for exploitation).

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Arms trafficking 3 (1) 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—

(a) section 68(2) (exportation of prohibited or restricted goods); (b) section 170 (fraudulent evasion of duty etc.).

(2) An offence under section 3(1) of the Firearms Act 1968 (c. 27) (dealing etc. in firearms or ammunition by way of trade or business without being registered).

(3) In this paragraph “firearm” and “ammunition” have the same meanings as in section 57 of the Firearms Act 1968.

Prostitution and child sex 4 (1) An offence under section 33A of the Sexual Offences Act 1956 (c. 69) (keeping a

brothel used for prostitution).

(2) An offence under any of the following provisions of the Sexual Offences Act 2003 (c. 42)—

(a) section 14 (arranging or facilitating commission of a child sex offence); (b) section 48 (causing or inciting child prostitution or pornography); (c) section 49 (controlling a child prostitute or a child involved in pornography); (d) section 50 (arranging or facilitating child prostitution or pornography); (e) section 52 (causing or inciting prostitution for gain); (f) section 53 (controlling prostitution for gain).

Armed robbery etc. 5 (1) 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.

(2) An offence at common law of an assault with intent to rob where the assault involves a firearm, imitation firearm or an offensive weapon.

(3) In this paragraph— “firearm” has the meaning given by section 57(1) of the Firearms Act

1968; “imitation firearm” has the meaning given by section 57(4) of that Act; “offensive weapon” means any weapon to which section 141 of the

Criminal Justice Act 1988 (c. 33) (offensive weapons) applies.

Money laundering 6 An offence under any of the following provisions of the Proceeds of Crime Act

2002 (c. 29)— (a) section 327 (concealing etc. criminal property); (b) section 328 (facilitating the acquisition etc. of criminal property by or on

behalf of another); (c) section 329 (acquisition, use and possession of criminal property).

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Fraud 7 (1) An offence under section 17 of the Theft Act 1968 (c. 60) (false accounting).

(2) An offence under any of the following provisions of the Fraud Act 2006 (c. 35)— (a) section 1 (fraud by false representation, failing to disclose information or

abuse of position); (b) section 6 (possession etc. of articles for use in frauds); (c) section 7 (making or supplying articles for use in frauds); (d) section 9 (participating in fraudulent business carried on by sole trader etc.); (e) section 11 (obtaining services dishonestly).

(3) An offence at common law of conspiracy to defraud.

Offences in relation to public revenue 8 (1) 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.

(2) An offence under section 72 of the Value Added Tax Act 1994 (c. 23) (fraudulent evasion of VAT etc.).

(3) An offence under section 144 of the Finance Act 2000 (c. 17) (fraudulent evasion of income tax).

(4) An offence under section 35 of the Tax Credits Act 2002 (c. 21) (tax credit fraud).

(5) An offence at common law of cheating in relation to the public revenue.

Corruption and bribery 9 (1) An offence under section 1 of the Public Bodies Corrupt Practices Act 1889 (c. 69)

(corruption in public office).

(2) An offence which is the first or second offence under section 1(1) of the Prevention of Corruption Act 1906 (c. 34) (corrupt transactions with agents other than those of giving or using false etc. documents which intended to mislead principal).

(3) An offence at common law of bribery.

Counterfeiting 10 An offence under any of the following provisions of the Forgery and

Counterfeiting Act 1981 (c. 45)— (a) section 14 (making counterfeit notes or coins); (b) section 15 (passing etc. counterfeit notes or coins); (c) section 16 (having custody or control of counterfeit notes or coins); (d) section 17 (making or having custody or control of counterfeiting

materials or implements).

Blackmail 11 (1) An offence under section 21 of the Theft Act 1968 (c. 60) (blackmail).

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(2) 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.).

Intellectual property 12 (1) An offence under any of the following provisions of the Copyright, Designs and

Patents Act 1988 (c. 48)— (a) section 107(1)(a), (b), (d)(iv) or (e) (making, importing or distributing an

article which infringes copyright); (b) section 198(1)(a), (b) or (d)(iii) (making, importing or distributing an illicit

recording); (c) section 297A (making or dealing etc. in unauthorised decoders).

(2) An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (c. 26) (unauthorised use of trade mark etc.).

Environment 13 (1) An offence under section 1 of the Salmon and Freshwater Fisheries Act 1975 (c. 51)

(fishing for salmon, trout or freshwater fish with prohibited implements etc.).

(2) An offence under section 14 of the Wildlife and Countryside Act 1981 (c. 69) (introduction of new species etc.).

(3) 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).

(4) An offence under regulation 8 of the Control of Trade in Endangered Species (Enforcement) Regulations 1997 (S.I. 1997/1372) (purchase and sale etc. of endangered species and provision of false statements and certificates).

Inchoate offences 14 (1) An offence of attempting or conspiring the commission of an offence specified or

described in this Part of this Schedule.

(2) 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.

(3) An offence of aiding, abetting, counselling or procuring the commission of an offence specified or described in this Part of this Schedule.

(4) 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.

Earlier offences 15 (1) 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.

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(2) 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.

Scope of offences 16 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.

PART 2

SERIOUS OFFENCES IN NORTHERN IRELAND

Drug trafficking 17 (1) An offence under any of the following provisions of the Misuse of Drugs Act 1971

Kingdom of an offence punishable under a corresponding law).

(a) section 50(2) or (3) (improper importation of goods); (b) section 68(2) (exportation of prohibited or restricted goods); (c) section 170 (fraudulent evasion of duty etc.).

(3) An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990 (c. 5)—

(a) section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act);

(b) section 19 (using a ship for illicit traffic in controlled drugs).

People trafficking 18 (1) An offence under section 25, 25A or 25B of the Immigration Act 1971 (c. 77)

(assisting unlawful immigration etc.).

(2) An offence under any of sections 57 to 59 of the Sexual Offences Act 2003 (c. 42) (trafficking for sexual exploitation).

(3) An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (trafficking people for exploitation).

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Arms trafficking 19 (1) 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—

(a) section 68(2) (exportation of prohibited or restricted goods); (b) section 170 (fraudulent evasion of duty etc.).

(2) An offence under Article 24 of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I.3)) (dealing etc. in firearms or ammunition by way of trade or business without being registered).

(3) In this paragraph “firearm” and “ammunition” have the same meanings as in Article 2(2) of the Firearms (Northern Ireland) Order 2004.

Prostitution and child sex 20 (1) An offence under section 13(1) of the Criminal Law Amendment Act 1885 (c. 69)

(keeping a brothel used for prostitution).

(2) An offence under any of the following provisions of the Sexual Offences Act 2003— (a) section 48 (causing or inciting child prostitution or pornography); (b) section 49 (controlling a child prostitute or a child involved in pornography); (c) section 50 (arranging or facilitating child prostitution or pornography); (d) section 52 (causing or inciting prostitution for gain); (e) section 53 (controlling prostitution for gain).

Armed robbery etc. 21 (1) 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.

(2) An offence at common law of an assault with intent to rob where the assault involves a firearm, imitation firearm or an offensive weapon.

(3) 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.

Money laundering 22 An offence under any of the following provisions of the Proceeds of Crime Act

2002 (c. 29)— (a) section 327 (concealing etc. criminal property); (b) section 328 (facilitating the acquisition etc. of criminal property by or on

behalf of another); (c) section 329 (acquisition, use and possession of criminal property).

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Fraud 23 (1) An offence under section 17 of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))

(false accounting).

(2) An offence under any of the following provisions of the Fraud Act 2006 (c. 35)— (a) section 1 (fraud by false representation, failing to disclose information or

(3) An offence at common law of conspiracy to defraud.

Offences in relation to public revenue 24 (1) 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.

(2) An offence under section 72 of the Value Added Tax Act 1994 (c. 23) (fraudulent evasion of VAT etc.).

(3) An offence under section 144 of the Finance Act 2000 (c. 17) (fraudulent evasion of income tax).

(4) An offence under section 35 of the Tax Credits Act 2002 (c. 21) (tax credit fraud).

(5) An offence at common law of cheating in relation to the public revenue.

Corruption and bribery 25 (1) An offence under section 1 of the Public Bodies Corrupt Practices Act 1889 (c. 69)

(corruption in public office).

(3) An offence at common law of bribery.

Counterfeiting 26 An offence under any of the following provisions of the Forgery and

materials or implements).

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Blackmail 27 (1) An offence under section 20 of the Theft Act (Northern Ireland) 1969 (c. 16)

(blackmail).

(2) 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.).

Intellectual property 28 (1) An offence under any of the following provisions of the Copyright, Designs and

Patents Act 1988 (c. 48)— (a) section 107(1)(a), (b), (d)(iv) or (e) (making, importing or distributing an

article which infringes copyright); (b) section 198(1)(a), (b) or (d)(iii) (making, importing or distributing an illicit

recording); (c) section 297A (making or dealing etc. in unauthorised decoders).

(2) An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (c. 26) (unauthorised use of trade mark etc.).

Environment 29 (1) An offence under section 62 or 63 of the Fisheries Act (Northern Ireland) 1966 (c. 17

(N.I.)) (prohibition of certain methods of fishing).

(2) An offence under Article 15 of the Wildlife (Northern Ireland) Order 1985 (S.I. 1985/171 (N.I.2)) (introduction of new species, etc.).

(3) 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).

Inchoate offences 30 (1) An offence of attempting or conspiring the commission of an offence specified or

described in this Part of this Schedule.

(3) An offence of aiding, abetting, counselling or procuring the commission of an offence specified or described in this Part of this Schedule.

(4) 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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Earlier offences 31 (1) 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.

(2) 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.

Scope of offences 32 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.

SCHEDULE 2 Section 37

FUNCTIONS OF APPLICANT AUTHORITIES UNDER PART 1

Director of Public Prosecutions 1 The functions of the Director of Public Prosecutions under this Part are—

(a) to have the conduct of applications for serious crime prevention orders in England and Wales or for their variation or discharge;

(b) 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;

(c) 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);

(d) to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders; and

(e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

2 (1) The Director may, to such extent as he may decide, delegate the exercise of his functions under this Part to a Crown Prosecutor.

(2) 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.

3 The functions of the Director under this Part are exercisable under the superintendence of the Attorney General.

4 (1) 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—

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(a) whether to make an application for a serious crime prevention order in England and Wales or for the variation or discharge of such an order;

(b) whether to present a petition by virtue of section 27 of this Act; or (c) where such an application has been made or petition presented, whether the

proceedings concerned should be discontinued.

(2) 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.

5 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.

Director of Revenue and Customs Prosecutions 6 The functions of the Director of Revenue and Customs Prosecutions under this

Part are— (a) to have the conduct of applications for serious crime prevention orders in

England and Wales or for their variation or discharge; (b) 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;

(d) to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders; and

(e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

7 (1) The Director may, to such extent as he may decide, delegate the exercise of his functions under this Part to a Revenue and Customs Prosecutor.

(2) 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 Revenue and Customs Prosecutor.

8 The functions of the Director under this Part are exercisable under the superintendence of the Attorney General.

9 The Director must have regard to the Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (guidelines for Crown Prosecutors) so far as it applies in relation to serious crime prevention orders in England and Wales, and petitions and proceedings by virtue of section 27 of this Act, by virtue of paragraph 4 above.

10 Section 21 of the Commissioners for Revenue and Customs Act 2005 (c. 11) (disclosure to prosecuting authority) has effect as if the purpose mentioned in subsection (1)(b) included the purpose of enabling the Director to exercise his functions under this Part.

11 Section 41(1) of the Act of 2005 (disclosure of information to Director) applies in relation to a purpose connected with a serious crime prevention order or possible

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serious crime prevention order as it applies in relation to a purpose connected with a specified investigation or prosecution.

Director of Serious Fraud Office 12 The functions of the Director of the Serious Fraud Office under this Part are—

(a) to have the conduct of applications for serious crime prevention orders in England and Wales or for their variation or discharge;

(b) 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;

(d) to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders; and

(e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

13 (1) 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).

(2) 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.

14 The functions of the Director under this Part are exercisable under the superintendence of the Attorney General.

15 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.

Director of Public Prosecutions for Northern Ireland 16 The functions of the Director of Public Prosecutions for Northern Ireland under

this Part are— (a) to have the conduct of applications for serious crime prevention orders in

Northern Ireland or for their variation or discharge; (b) 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;

(d) to give advice in connection with any proceedings or possible proceedings about serious crime prevention orders; and

(e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

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17 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.

18 (1) 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—

(a) whether to make an application for a serious crime prevention order in Northern Ireland or for the variation or discharge of such an order;

(b) whether to present a petition by virtue of section 28 of this Act; or (c) where such an application has been made or petition presented, whether the

proceedings concerned should be discontinued.

(2) 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.

19 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.

20 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.

Interpretation 21 In this Schedule references to having the conduct of proceedings include

references to starting or discontinuing proceedings.

SCHEDULE 3 Section 49(5)

LISTED OFFENCES

PART 1

OFFENCES COMMON TO ENGLAND AND WALES AND NORTHERN IRELAND

Offences against the Person Act 1861 (c. 100) 1 An offence under section 4 of the Offences against the Person Act 1861

(solicitation etc. of murder). 2 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.

3 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

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the intention of enabling any other person to commit, or assisting any other person in the commission of, an indictable offence.

4 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.

Aliens Restriction (Amendment) Act 1919 (c. 92) 5 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.

6 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.

Official Secrets Act 1920 (c. 75) 7 An offence under section 7 of the Official Secrets Act 1920 (soliciting

etc. commission of an offence under that Act or the Official Secrets Act 1911 (c. 28)).

Incitement to Disaffection Act 1934 (c. 56) 8 An offence under section 1 of the Incitement to Disaffection Act 1934

(endeavouring to seduce members of HM forces from their duty or allegiance).

Misuse of Drugs Act 1971 (c. 38) 9 An offence under section 19 of the Misuse of Drugs Act 1971 (inciting any other

offence under that Act). 10 An offence under section 20 of that Act (assisting or inducing commission outside

United Kingdom of offence punishable under corresponding law).

Immigration Act 1971 (c. 77) 11 An offence under section 25 of the Immigration Act 1971 (assisting unlawful

immigration to a member State). 12 An offence under section 25B of that Act (assisting entry to the United Kingdom

in breach of deportation or exclusion order).

Representation of the People Act 1983 (c. 2) 13 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.

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Computer Misuse Act 1990 (c. 18) 14 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).

15 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).

16 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).

Criminal Justice Act 1993 (c. 36) 17 An offence under section 52(2)(a) of the Criminal Justice Act 1993 (encouraging

insider dealing).

Reserve Forces Act 1996 (c. 14) 18 An offence under section 101 of the Reserve Forces Act 1996 (inducing a person

to desert or absent himself).

Landmines Act 1998 (c. 33) 19 An offence under section 2(2) of the Landmines Act 1998 (encouraging, assisting

or inducing an offence under section 2(1) of that Act).

Terrorism Act 2006 (c. 11) 20 An offence under section 1(2) of the Terrorism Act 2006 (encouraging terrorism). 21 An offence under section 2(1) of that Act (disseminating terrorist publications). 22 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).

23 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).

24 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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PART 2

OFFENCES UNDER PARTICULAR ENACTMENTS: ENGLAND AND WALES

Public Meeting Act 1908 (c. 66) 25 An offence under section 1(2) of the Public Meeting Act 1908 (inciting others to

commit offences under that section).

Perjury Act 1911 (c. 6) 26 An offence under section 7(2) of the Perjury Act 1911 (inciting a person to commit

an offence under that Act).

Prison Act 1952 (c. 52) 27 An offence under section 39(1) of the Prison Act 1952 (assisting a prisoner to

escape).

Criminal Law Act 1967 (c. 58) 28 An offence under section 4(1) of the Criminal Law Act 1967 (assisting persons

who have committed an offence). 29 An offence under section 5(1) of that Act (accepting or agreeing to accept

consideration for not disclosing information about an offence).

Greater London Council (General Powers) Act 1973 (c. xxx) 30 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.

Greater London Council (General Powers) Act 1974 (c. xxiv) 31 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.

Criminal Law Act 1977 (c. 45) 32 An offence under section 1(1) of the Criminal Law Act 1977 (conspiracy).

Criminal Attempts Act 1981 (c. 47) 33 An offence under section 1(1) of the Criminal Attempts Act 1981 (attempting to

commit an offence).

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Public Order Act 1986 (c. 64) 34 An offence under section 12(6) of the Public Order Act 1986 (inciting commission

of offences under section 12(5) of that Act). 35 An offence under section 13(9) of that Act (inciting commission of offences under

section 13(8) of that Act). 36 An offence under section 14(6) of that Act (inciting commission of offences under

section 14(5) of that Act). 37 An offence under section 14B(3) of that Act (inciting commission of offences

under section 14B(2) of that Act).

Terrorism Act 2000 (c. 11) 38 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).

PART 3

OTHER OFFENCES: ENGLAND AND WALES 39 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).

40 (1) An attempt under a special statutory provision.

(2) Sub-paragraph (1) is to be read with section 3 of the Criminal Attempts Act 1981 (c. 47).

PART 4

OFFENCES UNDER PARTICULAR ENACTMENTS: NORTHERN IRELAND

Prison Act (Northern Ireland) 1953 (c. 18) 41 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.

42 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.

Criminal Law Act (Northern Ireland) 1967 (c. 18) 43 An offence under section 4(1) of the Criminal Law Act (Northern Ireland) 1967

(assisting persons who have committed an offence).

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Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I.19)) 44 An offence under Article 12(2) of the Perjury (Northern Ireland) Order 1979

(inciting a person to commit an offence under that Order).

Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13)) 45 An offence under Article 3(1) of the Criminal Attempts and Conspiracy (Northern

Ireland) Order 1983 (attempting to commit an offence). 46 An offence under Article 9(1) of that Order (conspiracy).

Public Processions (Northern Ireland) Act 1998 (c. 2) 47 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). 48 An offence under section 9A(8) of that Act (inciting commission of offences under

section 9A of that Act).

Terrorism Act 2000 (c. 11) 49 An offence under section 60 of the Terrorism Act 2000 (inciting in Northern

Ireland the commission of acts of terrorism outside the United Kingdom).

PART 5

OTHER OFFENCES: NORTHERN IRELAND 50 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).

SCHEDULE 4 Section 52(2)

EXTRA-TERRITORIALITY 1 (1) This paragraph applies if—

(a) any relevant behaviour of D's takes place wholly or partly in England or Wales;

(b) D knows or believes that what he anticipates might take place wholly or partly in a place outside England and Wales; and

England and Wales if it were committed in that place; or (ii) if there are relevant conditions, it would be so triable if it were

committed there by a person who satisfies the conditions.

(2) “Relevant condition” means a condition that—

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(a) determines (wholly or in part) whether an offence committed outside England and Wales is nonetheless triable under the law of England and Wales; and

(b) relates to the citizenship, nationality or residence of the person who commits it.

2 (1) This paragraph applies if— (a) paragraph 1 does not apply; (b) any relevant behaviour of D's takes place wholly or partly in England or

Wales; (c) D knows or believes that what he anticipates might take place wholly or

partly in a place outside England and Wales; and (d) what D anticipates would amount to an offence under the law in force in

that place.

(2) 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—

(a) stating that on the facts as alleged the condition is not in their opinion satisfied;

(b) showing their grounds for that opinion; and (c) requiring the prosecution to show that it is satisfied.

(3) 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).

(4) In the Crown Court, the question whether the condition is satisfied is to be decided by the judge alone.

(5) 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.

3 (1) This paragraph applies if— (a) any relevant behaviour of D's takes place wholly outside England and Wales; (b) D knows or believes that what he anticipates might take place wholly or

partly in a place outside England and Wales; and (c) D could be tried under the law of England and Wales if he committed the

anticipated offence in that place.

(2) For the purposes of sub-paragraph (1)(c), D is to be assumed to be able to commit the anticipated offence.

4 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.

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SCHEDULE 5 Section 60

AMENDMENTS RELATING TO SERVICE LAW

Criminal Justice Act 1982 (c. 48) 1 In section 32 of the Criminal Justice Act 1982 (early release of prisoners), in

subsection (2A) for “incitement” substitute “ encouragement and assistance ”.

Sexual Offences (Amendment) Act 1992 (c. 34) 2 In section 6 of the Sexual Offences (Amendment) Act 1992 (interpretation), in

subsection (1A) for “incitement” substitute “ encouragement and assistance ”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) 3 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 ”.

Sexual Offences Act 2003 (c. 42) 4 (1) The Sexual Offences Act 2003 is amended as follows.

(2) In paragraph 93A of Schedule 3 (sexual offences for purposes of Part 2), in sub- paragraph (3) for “incitement” substitute “ encouragement and assistance ”.

(3) In paragraph 172A of Schedule 5 (other offences for purposes of Part 2), in sub- paragraph (2) for “incitement” substitute “ encouragement and assistance ”.

Criminal Justice Act 2003 (c. 44) 5 In section 233 of the Criminal Justice Act 2003 (offences under service law), in

subsection (2) for “incitement” substitute “ encouragement and assistance ”.

Gambling Act 2005 (c. 19) 6 In Part 1 of Schedule 7 to the Gambling Act 2005 (relevant offences), in paragraph

22A for “incitement” substitute “ encouragement and assistance ”.

Armed Forces Act 2006 (c. 52) 7 The Armed Forces Act 2006 is amended as follows. 8 In section 39 (attempts), in subsection (4)(b) for “inciting another person to

commit” substitute “ encouraging or assisting the commission of ”. 9 For section 40 (incitement) substitute—

“40 Encouraging and assisting

(1) A person subject to service law commits an offence if he encourages or assists the commission of a service offence (other than an offence under section 42).

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(2) A civilian subject to service discipline commits an offence if he encourages or assists the commission of an offence mentioned in section 39(4).

(3) Reference in this section to encouraging or assisting the commission of an offence is to the doing of an act that would have constituted an offence under Part 2 of the Serious Crime Act 2007 if the offence encouraged or assisted had been an offence under the law of England and Wales.

(4) In determining whether an act would have constituted an offence under that Part, section 49(4) of that Act has effect as if for “offences under this Part and listed offences” it read “offences under sections 39 and 40 of the Armed Forces Act 2006”.

(5) Any requirement in that Part to specify matters in an indictment applies for the purposes of this section as it applies for the purposes of that Part, but with references to the indictment being read as references to the charge sheet.

(6) A person guilty of an offence under this section is liable to the same punishment as he would be liable to if guilty of—

(a) the service offence encouraged or assisted; or (b) if convicted of the offence under this section by reference to more

than one such service offence, any one of those service offences.” 10 Accordingly, in the heading immediately before section 39 for “incitement”

substitute “ encouragement and assistance ”. 11 For section 46 (inciting criminal conduct) substitute—

“46 Encouraging or assisting criminal conduct

(1) Subsection (2) applies if a person subject to service law, or a civilian subject to service discipline, encourages or assists the doing of an act (or one or more of a number of acts) that, if done in England or Wales, would be punishable by the law of England and Wales.

(2) Regardless of where that act (or those acts) might be done and of his state of mind with respect to that question, his encouragement or assistance shall be treated for the purposes of section 42(1) as an act that is punishable by the law of England and Wales (so far as it is not such an act in any event).

(3) Reference in this section to encouraging or assisting is to an act that would constitute an offence under Part 2 of the Serious Crime Act 2007 disregarding any provision in that Part about the place where the act (or acts) being encouraged or assisted might be done or the accused's state of mind with respect to that question.”

12 In section 48 (provision supplementary to sections 43 to 47), in subsection (1)(a) for “incitement” substitute “ encouragement or assistance ”.

13 In Schedule 2 (list of serious offences)— (a) in paragraph 11 for “inciting another person to commit” substitute “

encouraging or assisting the commission of ”;

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(b) 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 ”.

SCHEDULE 6 Section 63(1) and (2)

MINOR AND CONSEQUENTIAL AMENDMENTS: PART 2

PART 1

REFERENCES TO COMMON LAW OFFENCE OF INCITEMENT 1 Section 30(4) of the Theft Act 1968 (c. 60) (restriction of proceedings against

spouses and civil partners). 2 Section 1B(2) of the Biological Weapons Act 1974 (c. 6) (Revenue and Customs

prosecutions). 3 Section 17(1) of the Industry Act 1975 (c. 68) (no criminal proceedings to lie in

respect of contravention of a prohibition order). 4 Section 7(2)(ix) of the Sexual Offences (Amendment) Act 1976 (c. 82) (meaning

of “rape offence” in relation to court martial proceedings). 5 In the Magistrates' Courts Act 1980 (c. 43)—

(a) section 22(11)(b) (aggregation of value in relation to charges involving two or more scheduled offences);

(b) section 103(2)(d) (written statement of child admissible in committal proceedings for certain offences);

6 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).

7 In the Betting and Gaming Duties Act 1981 (c. 63)— (a) section 9(5) (prohibitions for protection of revenue); (b) section 9A(4) (prohibitions for protection of revenue: overseas brokers).

8 In section 32(1) of the Criminal Justice Act 1982 (c. 48) (early release of prisoners) —

(a) paragraph (b)(iv) (imprisonment for excluded offence etc.); (b) 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).

9 Section 80(3)(c) of the Police and Criminal Evidence Act 1984 (c. 60) (compellability of accused's spouse or civil partner).

10 Section 49(4) of the Airports Act 1986 (c. 31) (no criminal proceedings to lie in respect of contravention of compliance order).

11 Section 12(6)(a) of the Outer Space Act 1986 (c. 38) (offences).

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12 Section 30(4) of the Gas Act 1986 (c. 44) (no criminal proceedings to lie in respect of contravention of final or provisional order).

13 Section 7(1) of the Public Order Act 1986 (c. 64) (consent of DPP to prosecution). 14 Section 2(3)(ba) of the Ministry of Defence Police Act 1987 (c. 4) (jurisdiction

of members of MoD police). 15 In the Road Traffic Offenders Act 1988 (c. 53)—

(a) section 28(2) (penalty points to be attributed to an offence); (b) section 34(5) (disqualification for certain offences); (c) section 35(5A) (disqualification for repeated offences).

16 Paragraph 2(a) of Schedule 1 to the Football Spectators Act 1989 (c. 37) (offences).

17 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).

18 In the Aviation and Maritime Security Act 1990 (c. 31)— (a) section 11(3)(b) (destroying ships or fixed platforms or endangering their

safety); (b) section 15(2)(c) (master's power of delivery).

19 In the Criminal Justice Act 1991 (c. 53)— (a) section 53(7) (cases involving children in which notice of transfer may

be given); (b) section 86A(4) (offences in respect of which prisoner custody officers

have powers in relation to persons other than prisoners). 20 In the Sexual Offences (Amendment) Act 1992 (c. 34)—

(a) subsections (1)(g) and (3)(k) of section 2 (offences to which Act applies); (b) section 6(2A) (person who is to be treated as person against whom

inchoate offences are committed). 21 In the Criminal Justice Act 1993 (c. 36)—

(a) section 1(3)(d) (Group B offences); (b) section 5(4) (incitement to commit Group A offence).

22 Section 12(7) of the Finance Act 1994 (c. 9) (offences of fraud and dishonesty). 23 Section 27 of the Antarctic Act 1994 (c. 15) (references to offences under the Act). 24 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).

25 Paragraph (b) of the definition of “specified offence” in section 60(6) of the Drug Trafficking Act 1994 (c. 37) (Revenue and Customs prosecutions).

26 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).

27 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).

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28 Section 30A(2) of the Chemical Weapons Act 1996 (c. 6) (Revenue and Customs prosecutions).

29 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).

30 In the Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)— (a) section 2(1) and (2) (incitement to commit certain sexual acts outside the

United Kingdom); (b) section 3(8) (extended meaning of offence of incitement to commit a listed

sexual offence). 31 In the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I.9))

— (a) paragraph (h) of the definition of “drug trafficking offence” in Article 2(2)

(interpretation); (b) paragraph (b) of the definition of “specified offence” in Article 55

(Revenue and Customs prosecutions). 32 In the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320

(N.I.10))— (a) Article 30(2) (penalty points to be attributed to an offence); (b) Article 35(6) (disqualification for certain offences); (c) Article 40(7) (disqualification for repeated offences).

33 In the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24)) — (a) Article 38(3)(d) (Group B offences); (b) Article 42(2) (incitement to commit Group A offence).

34 Paragraph 8 of the Schedule to the Sexual Offences (Protected Material) Act 1997 (c. 39) (sexual offences for the purposes of that Act).

35 Section 14(2)(d) of the Northern Ireland (Sentences) Act 1998 (c. 35) (inadmissibility).

36 Section 51C(3)(e) of the Crime and Disorder Act 1998 (c. 37) (notices in certain cases involving children).

37 Section 62(2) of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (meaning of “sexual offence” and other references to offences).

38 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).

39 Section 147(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (driving disqualification where vehicle used for purposes of crime).

40 Paragraph 3(t)(i) of Schedule 4 to the Criminal Justice and Court Services Act 2000 (c. 43) (meaning of “offence against a child”).

41 Section 34(1)(g) of the Criminal Justice and Police Act 2001 (c. 16) (meaning of “drug trafficking offence”).

42 Sections 55(1)(b) and 62(1)(b) of the International Criminal Court Act 2001 (c. 17) (meaning of “ancillary offence”).

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43 Section 53(2) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (Revenue and Customs prosecutions).

44 In the Proceeds of Crime Act 2002 (c. 29)— (a) section 340(11)(b) (interpretation of Part 7: money laundering); (b) section 415(2)(a) (money laundering offences for purposes of Part 8:

investigations); (c) section 447(9)(b) (interpretation of Part 11: national and international co-

operation); (d) section 451(6)(c) (Revenue and Customs prosecutions).

45 Section 4 of the Dealing in Cultural Objects (Offences) Act 2003 (c. 27) (Revenue and Customs prosecutions).

46 Section 142(7)(a) of the Extradition Act 2003 (c. 41) (extradition from category 1 territory to the United Kingdom).

47 Paragraph 3(a) of Schedule 2 to the Sexual Offences Act 2003 (c. 42) (sexual offences to which section 72 of that Act applies).

48 In the Criminal Justice Act 2003 (c. 44)— (a) 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); (b) 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). 49 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”).

50 Section 14 of the Gangmasters (Licensing) Act 2004 (c. 11) (enforcement officer's power of arrest).

51 Section 76(3)(p) of the Serious Organised Crime and Police Act 2005 (c. 15) (offences giving rise to financial reporting order).

52 In the Terrorism Act 2006 (c. 11)— (a) section 17(2)(f) (commission of offences abroad); (b) paragraph 12(b) of Schedule 1 (Convention offences).

PART 2

OTHER MINOR AND CONSEQUENTIAL AMENDMENTS

Misuse of Drugs Act 1971 (c. 38) 53 In section 19 of the Misuse of Drugs Act 1971 for “such an offence” substitute “

an offence under any other provision of this Act ”.

Criminal Law Act 1977 (c. 45) 54 In section 5 of the Criminal Law Act 1977 (effects of creation of statutory offence

of conspiracy) omit subsection (7).

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Magistrates' Courts Act 1980 (c. 43) 55 (1) The Magistrates' Courts Act 1980 is amended as follows.

(2) In section 32(1) (penalties for offences triable either way as a result of Schedule 1 to that Act) omit paragraph (b).

(3) Omit section 45.

(4) In Schedule 1 (offences triable either way) omit paragraph 35.

Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)) 56 Omit Article 60(1) of the Magistrates' Courts (Northern Ireland) Order 1981.

Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13)) 57 In Article 13 of the Criminal Attempts and Conspiracy (Northern Ireland) Order

1983 (effects of creation of statutory offence of conspiracy) omit paragraph (8).

Public Order Act 1986 (c. 64) 58 (1) The Public Order Act 1986 is amended as follows.

(2) In each of the provisions mentioned in sub-paragraph (3) omit the words from “notwithstanding” to the end.

(3) The provisions are— (a) section 12(10); (b) section 13(13); (c) section 14(10); (d) section 14B(7).

Computer Misuse Act 1990 (c. 18) 59 (1) The Computer Misuse Act 1990 is amended as follows.

(2) In section 6 (incitement) omit subsection (3).

(3) In section 7 (territorial scope of inchoate offences related to offences under external law corresponding to offences under the Act) omit subsection (4).

(4) In section 8(3) (relevance of external law) omit “or by virtue of section 7(4) above”.

(5) In section 9(2) (offences in relation to which British citizenship is immaterial) omit paragraph (d).

(6) In section 16(4) (application to Northern Ireland) omit the words from “and any reference” to the end.

Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29) 60 In section 2(3) of the Sexual Offences (Conspiracy and Incitement) Act 1996 for

“of incitement” substitute “ done ”.

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International Criminal Court Act 2001 (c. 17) 61 (1) The International Criminal Court Act 2001 is amended as follows.

(2) In section 55 (meaning of ancillary offence: England and Wales) omit subsection (3).

(3) In section 62 (meaning of ancillary offence: Northern Ireland) omit subsection (3).

Proceeds of Crime Act 2002 (c. 29) 62 After sub-paragraph (1) in each of paragraph 10 of Schedule 2 to the Proceeds of

Crime Act 2002 and paragraph 10 of Schedule 5 to that Act (inchoate offences which are lifestyle offences) insert the following sub-paragraph—

“(1A) 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.”

Sexual Offences Act 2003 (c. 42) 63 (1) The Sexual Offences Act 2003 is amended as follows.

(2) In Schedule 3 (sexual offences for the purposes of Part 2 of that Act), after paragraph 94, insert—

“94A A reference in a preceding paragraph to an offence (“offence A”) includes a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed.”

(3) In Schedule 5 (other offences which are relevant for the purposes of Part 2 of the Act), after paragraph 173, insert—

“173A A reference in a preceding paragraph to an offence (“offence A”) includes a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed.”

Serious Organised Crime and Police Act 2005 (c. 15) 64 (1) The Serious Organised Crime and Police Act 2005 is amended as follows.

(2) In section 136 (penalties in relation to demonstrations in the vicinity of Parliament) for subsection (4) substitute—

“(4) A person who is guilty of an offence under section 44 or 45 of the Serious Crime Act 2007 in relation to which an offence mentioned in subsection (1), (2) or (3) is the anticipated offence (as defined by section 47(9) of that Act) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 4 on the standard scale or to both.

(4A) If a person is guilty of an offence under section 46 of that Act by reference to an offence mentioned in subsection (1), (2) or (3), the maximum term of imprisonment applicable for the purposes of section 58(6) of that Act to the offence so mentioned is a term not exceeding 51 weeks.”

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(3) In section 175(3) (transitional modification of penalties for summary offences in England and Wales) in the table, for the entry relating to section 136(4) substitute—

“section 136(4) 3 months section 136(4A) 3 months”.

SCHEDULE 7 Section 73

DATA MATCHING

PART 1

DATA MATCHING: ENGLAND 1 The Audit Commission Act 1998 (c. 18) is amended as follows. 2 After Part 2 insert—

“PART 2A

DATA MATCHING

32A Power to conduct data matching exercises

(1) The Commission may conduct data matching exercises or arrange for them to be conducted on its behalf.

(2) A data matching exercise is an exercise involving the comparison of sets of data to determine how far they match (including the identification of any patterns and trends).

(3) The power in subsection (1) is exercisable for the purpose of assisting in the prevention and detection of fraud.

(4) That assistance may, but need not, form part of an audit.

(5) A data matching exercise may not be used to identify patterns and trends in an individual's characteristics or behaviour which suggest nothing more than his potential to commit fraud in the future.

(6) In the following provisions of this Part, reference to a data matching exercise is to an exercise conducted or arranged to be conducted under this section.

32B Mandatory provision of data

(1) The Commission may require— (a) any body mentioned in subsection (2), and (b) any officer or member of such a body,

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to provide the Commission or a person acting on its behalf with such data (and in such form) as the Commission or that person may reasonably require for the purpose of conducting data matching exercises.

(2) The bodies are— (a) a body subject to audit, (b) an English best value authority which is not a body subject to audit.

(3) A person who without reasonable excuse fails to comply with a requirement of the Commission under subsection (1)(b) is guilty of an offence and liable on summary conviction—

(a) to a fine not exceeding level 3 on the standard scale, and (b) to an additional fine not exceeding £20 for each day on which the

offence continues after conviction for that offence.

(4) Any expenses incurred by the Commission in connection with proceedings for an offence under subsection (3) alleged to have been committed by an officer or member of a body, so far as not recovered from any other source, are recoverable from that body.

(5) “English best value authority” means a best value authority other than— (a) a county council, county borough council or community council

in Wales, (b) a National Park authority for a National Park in Wales, (c) a police authority for a police area in Wales, (d) a fire and rescue authority in Wales constituted by a scheme under

section 2 of the Fire and Rescue Services Act 2004 (c. 21) or a scheme to which section 4 of that Act applies.

32C Voluntary provision of data

(1) If the Commission thinks it appropriate to conduct a data matching exercise using data held by or on behalf of a body or person not subject to section 32B, the data may be disclosed to the Commission or a person acting on its behalf.

(2) A disclosure under subsection (1) does not breach— (a) any obligation of confidence owed by a person making the

disclosure, or (b) any other restriction on the disclosure of information (however

imposed).

(3) But nothing in this section authorises a disclosure which— (a) contravenes the Data Protection Act 1998 (c. 29), or (b) is prohibited by Part 1 of the Regulation of Investigatory Powers

Act 2000 (c. 23).

(4) Data may not be disclosed under subsection (1) if the data comprise or include patient data.

(5) “Patient data” means data relating to an individual which are held for medical purposes (within the meaning of section 251 of the National Health Service Act 2006 (c. 41)) and from which the individual can be identified.

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(6) This section does not limit the circumstances in which data may be disclosed apart from this section.

(7) Data matching exercises may include data provided by a body or person outside England and Wales.

32D Disclosure of results of data matching etc

(1) This section applies to the following information— (a) information relating to a particular body or person obtained by or

on behalf of the Commission for the purpose of conducting a data matching exercise,

(b) the results of any such exercise.

(2) Information to which this section applies may be disclosed by or on behalf of the Commission if the disclosure is—

(a) for or in connection with a purpose for which the data matching exercise is conducted,

(b) to a body mentioned in subsection (3) (or a related party) for or in connection with a function of that body corresponding or similar to the functions of an auditor under Part 2 or the functions of the Commission under this Part, or

(3) The bodies are— (a) the Auditor General for Wales, (b) the Auditor General for Scotland, (c) the Accounts Commission for Scotland, (d) Audit Scotland, (e) the Comptroller and Auditor General for Northern Ireland, (f) a person designated as a local government auditor under Article

4 of the Local Government (Northern Ireland) Order 2005 (S.I. 2005/1968 (N.I.18)).

(4) “Related party”, in relation to a body mentioned in subsection (3), means— (a) a body or person acting on its behalf, (b) a body whose accounts are required to be audited by it or by a

person appointed by it, (c) a person appointed by it to audit those accounts.

(5) If the data used for a data matching exercise include patient data— (a) subsection (2)(a) applies only so far as the purpose for which the

disclosure is made relates to a relevant NHS body, (b) subsection (2)(b) applies only so far as the function for or in

connection with which the disclosure is made relates to such a body.

(6) In subsection (5)— (a) “patient data” has the same meaning as in section 32C, (b) “relevant NHS body” means—

(i) a health service body,

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(ii) a Welsh NHS body, (iii) an NHS body as defined in section 22(1) of the

Community Care and Health (Scotland) Act 2002 (asp 5), (iv) a body to which Article 90 of the Health and Personal

Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)) applies.

(7) Information disclosed under subsection (2) may not be further disclosed except—

(a) for or in connection with the purpose for which it was disclosed under paragraph (a) or the function for which it was disclosed under paragraph (b) of that subsection,

(b) for the investigation or prosecution of an offence (so far as the disclosure does not fall within paragraph (a)), or

(8) Except as authorised by subsections (2) and (7), a person who discloses information to which this section applies is guilty of an offence and liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

(b) on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both.

(9) Section 49 does not apply to information to which this section applies.

(10) In this section, “body” includes office.

32E Publication

(1) Nothing in section 32D prevents the Commission from publishing a report on a data matching exercise (including on the results of the exercise).

(2) But the report may not include information relating to a particular body or person if—

(a) the body or person is the subject of any data included in the data matching exercise,

(b) the body or person can be identified from the information, and (c) the information is not otherwise in the public domain.

(3) A report published under this section may be published in such manner as the Commission considers appropriate for bringing it to the attention of those members of the public who may be interested.

(4) Section 51 does not apply to information to which section 32D applies.

(5) This section does not affect any powers of an auditor where the data matching exercise in question forms part of an audit under Part 2.

32F Fees for data matching

(1) The Commission must prescribe a scale or scales of fees in respect of data matching exercises.

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(2) A body required under section 32B(1) to provide data for a data matching exercise must pay to the Commission the fee applicable to that exercise in accordance with the appropriate scale.

(3) But if it appears to the Commission that the work involved in the exercise was substantially more or less than that envisaged by the appropriate scale, the Commission may charge the body a fee which is larger or smaller than that referred to in subsection (2).

(4) Before prescribing a scale of fees under this section, the Commission must consult—

(a) the bodies mentioned in section 32B(2), and (b) such other bodies or persons as the Commission thinks fit.

(5) If the Secretary of State considers it necessary or desirable to do so, he may by regulations prescribe a scale or scales of fees to have effect, for such period as is specified in the regulations, in place of any scale or scales of fees prescribed by the Commission and, if he does so, references in this section to the appropriate scale are to be read as respects that period as references to the appropriate scale prescribed by the Secretary of State.

(6) Before making any regulations under subsection (5), the Secretary of State must consult—

(a) the Commission, and (b) such other bodies or persons as he thinks fit.

(7) In addition to the power under subsection (2), the Commission may charge a fee to any other body or person providing data for or receiving the results of a data matching exercise, such fee to be payable in accordance with terms agreed between the Commission and that body or person.

32G Code of data matching practice

(1) The Commission must prepare, and keep under review, a code of practice with respect to data matching exercises.

(2) Regard must be had to the code in conducting and participating in any such exercise.

(3) Before preparing or altering the code, the Commission must consult the bodies mentioned in section 32B(2), the Information Commissioner and such other bodies or persons as the Commission thinks fit.

(4) The Commission must— (a) send a copy of the code, and of any alterations made to the code, to

the Secretary of State, who must lay the copy before Parliament, and

(b) from time to time publish the code as for the time being in force.

32H Powers of Secretary of State

(1) The Secretary of State may by order amend this Part—

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(a) to add any purpose mentioned in subsection (2) to the purposes for which data matching exercises may be conducted,

(b) to modify the application of this Part in relation to a purpose so added.

(2) The purposes which may be added are— (a) to assist in the prevention and detection of crime (other than fraud), (b) to assist in the apprehension and prosecution of offenders, (c) to assist in the recovery of debt owing to public bodies.

(3) The Secretary of State may by order amend this Part— (a) to add a public body to the list of bodies in section 32B(2), (b) to modify the application of this Part in relation to a body so added, (c) to remove a body from that list.

(4) An order under this section may include such incidental, consequential, supplemental or transitional provision as the Secretary of State thinks fit.

(5) In this section, “public body” means a body or person whose functions— (a) are functions of a public nature, or (b) include functions of that nature,

but, in the latter case, the body or person is a public body to the extent only of those functions.”

3 In section 52 (orders and regulations), after subsection (1) insert—

“(1A) No order shall be made under section 32H unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.”

PART 2

DATA MATCHING: WALES 4 After Part 3 of the Public Audit (Wales) Act 2004 (c. 23) insert—

“PART 3A

DATA MATCHING

64A Power to conduct data matching exercises

(1) The Auditor General for Wales may conduct data matching exercises or arrange for them to be conducted on his behalf.

(2) A data matching exercise is an exercise involving the comparison of sets of data to determine how far they match (including the identification of any patterns and trends).

(3) The power in subsection (1) is exercisable for the purpose of assisting in the prevention and detection of fraud in or with respect to Wales.

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(4) That assistance may, but need not, form part of an audit.

(6) In the following provisions of this Part, reference to a data matching exercise is to an exercise conducted or arranged to be conducted under this section.

64B Mandatory provision of data

(1) The Auditor General for Wales may require— (a) any body mentioned in subsection (2), and (b) any officer or member of such a body,

to provide the Auditor General or a person acting on his behalf with such data (and in such form) as the Auditor General or that person may reasonably require for the purpose of conducting data matching exercises.

(2) The bodies are— (a) a local government body in Wales (as defined in section 12(1)); (b) a Welsh NHS body (as defined in section 60).

(3) A person who without reasonable excuse fails to comply with a requirement of the Auditor General under subsection (1)(b) is guilty of an offence and liable on summary conviction—

(a) to a fine not exceeding level 3 on the standard scale, and (b) to an additional fine not exceeding £20 for each day on which the

offence continues after conviction for that offence.

(4) If an officer or member of a body is convicted of an offence under subsection (3), any expenses incurred by the Auditor General in connection with proceedings for the offence, so far as not recovered from any other source, are recoverable from that body.

64C Voluntary provision of data

(1) If the Auditor General for Wales thinks it appropriate to conduct a data matching exercise using data held by or on behalf of a body or person not subject to section 64B, the data may be disclosed to the Auditor General or a person acting on his behalf.

(2) A disclosure under subsection (1) does not breach— (a) any obligation of confidence owed by a person making the

disclosure, or (b) any other restriction on the disclosure of information (however

imposed).

(3) But nothing in this section authorises a disclosure which— (a) contravenes the Data Protection Act 1998 (c. 29), or (b) is prohibited by Part 1 of the Regulation of Investigatory Powers

Act 2000 (c. 23).

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(4) Data may not be disclosed under subsection (1) if the data comprise or include patient data.

(6) This section does not limit the circumstances in which data may be disclosed apart from this section.

(7) Data matching exercises may include data provided by a body or person outside England and Wales.

64D Disclosure of results of data matching etc

(1) This section applies to the following information— (a) information relating to a particular body or person obtained by

or on behalf of the Auditor General for Wales for the purpose of conducting a data matching exercise,

(b) the results of any such exercise.

(2) Information to which this section applies may be disclosed by or on behalf of the Auditor General for Wales if the disclosure is—

(a) for or in connection with a purpose for which the data matching exercise is conducted,

(b) to a body mentioned in subsection (3) (or a related party) for or in connection with a function of that body corresponding or similar to the functions of an auditor under Chapter 1 of Part 2 or the functions of the Auditor General under Part 3 or this Part, or

(3) The bodies are— (a) the Audit Commission, (b) the Auditor General for Scotland, (c) the Accounts Commission for Scotland, (d) Audit Scotland, (e) the Comptroller and Auditor General for Northern Ireland, (f) a person designated as a local government auditor under Article

4 of the Local Government (Northern Ireland) Order 2005 (S.I. 2005/1968 (N.I.18)).

(4) “Related party”, in relation to a body mentioned in subsection (3), means— (a) a body or person acting on its behalf, (b) a body whose accounts are required to be audited by it or by a

person appointed by it, (c) a person appointed by it to audit those accounts.

(5) If the data used for a data matching exercise include patient data— (a) subsection (2)(a) applies only so far as the purpose for which the

disclosure is made relates to a relevant NHS body,

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(b) subsection (2)(b) applies only so far as the function for or in connection with which the disclosure is made relates to such a body.

(6) In subsection (5)— (a) “patient data” has the same meaning as in section 64C, (b) “relevant NHS body” means—

(i) a Welsh NHS body as defined in section 60, (ii) a health service body as defined in section 53(1) of the

Audit Commission Act 1998 (c. 18), (iii) an NHS body as defined in section 22(1) of the