Serious Crime Bill [HL]

moved AmendmentNo. 120A: 120A: Schedule 7, page 74, line 14, at end insert— ““68A In section 417(2) (insolvency etc: modifications of the 1986 Act)— (a) in paragraph (b) omit ““or 52””; and (b) in paragraph (d) omit ““or 200””. 68B (1) Section 418 (restriction of powers) is amended as follows. (2) In subsection (2)— (a) in paragraph (a) for ““, 50 or 52”” substitute ““or 50””; and (b) in paragraph (c) for ““, 198 or 200”” substitute ““or 198””. (3) In subsection (3)(d) for ““, 52, 198 or 200”” substitute ““or 198””. 68C In section 419(2)(b) (tainted gifts)— (a) omit ““52,””; and (b) for ““, 198 or 200”” substitute ““or 198””. 68D In section 420(2) (modifications of the 1985 Act)— (a) in paragraph (b) omit ““or 52””; and (b) in paragraph (d) omit ““or 200””. 68E (1) Section 421 (restriction of powers) is amended as follows. (2) In subsection (2)— (a) in paragraph (a) for ““, 50 or 52”” substitute ““or 50””; and (b) in paragraph (c) for ““, 198 or 200”” substitute ““or 198””. (3) In subsection (3)(d) for ““, 52, 198 or 200”” substitute ““or 198””. 68F In section 422(2)(b) (tainted gifts)— (a) omit ““52,””; and (b) for ““, 198 or 200”” substitute ““or 198””. 68G In section 423(2) (modifications of the 1989 Order)— (a) in paragraph (b) omit ““or 52””; and (b) in paragraph (d) omit ““or 200””. 68H (1) Section 424 (restriction of powers) is amended as follows. (2) In subsection (2)— (a) in paragraph (a) for ““, 50 or 52”” substitute ““or 50””; and (b) in paragraph (c) for ““, 198 or 200”” substitute ““or 198””. (3) In subsection (3)(d) for ““, 52, 198 or 200”” substitute ““or 198””. 68I In section 425(2)(b) (tainted gifts)— (a) omit ““52,””; and (b) for ““, 198 or 200”” substitute ““or 198””. 68J (1) Section 426 (winding up under the 1986 Act) is amended as follows. (2) In subsection (2)— (a) in paragraph (b) omit ““or 52””; and (b) in paragraph (d) omit ““or 200””. (3) In subsection (5)— (a) in paragraph (a) for ““, 50 or 52”” substitute ““or 50””; and (b) in paragraph (c) for ““, 198 or 200”” substitute ““or 198””. 68K In section 427(3)(b) (tainted gifts)— (a) omit ““52,””; and (b) for ““, 198 or 200”” substitute ““or 198””. 68L (1) Section 428 (winding up under the 1989 Order) is amended as follows. (2) In subsection (2)— (a) in paragraph (b) omit ““or 52””; and (b) in paragraph (d) omit ““or 200””. (3) In subsection (5)— (a) in paragraph (a) for ““, 50 or 52”” substitute ““or 50””; and (b) in paragraph (c) for ““, 198 or 200”” substitute ““or 198””. 68M In section 429(3)(b) (tainted gifts)— (a) omit ““52,””; and (b) for ““, 198 or 200”” substitute ““or 198””. 68N (1) Section 430 (floating charges) is amended as follows. (2) In subsection (2)— (a) in paragraph (b) omit ““or 52””; and (b) in paragraph (d) omit ““or 200””. (3) In subsection (5)— (a) in paragraph (a) for ““, 50 or 52”” substitute ““or 50””; and (b) in paragraph (c) for ““, 198 or 200”” substitute ““or 198””. 68O In section 432(7) (insolvency practitioners)— (a) in paragraph (a) for ““, 55(3), 56(2) or 57(3)”” substitute ““or 55(3)””; and (b) in paragraph (c) for ““, 203(3), 204(2) or 205(3)”” substitute ““or 203(3)””.”” The noble Lord said: This group of amendments deals with two issues under the Proceeds of Crime Act 2002. The Bill amends the Act to improve and extend its operation and efficiency so that we can build on its undoubted successes. Amendments Nos. 120A and 133 are purely consequential on amendments already made in Part 1 of Schedule 7. Those amendments abolish the confiscation provisions in the Proceeds of Crime Act relating to the Assets Recovery Agency. This forms part of the merger of the Assets Recovery Agency and the Serious Organised Crime Agency. The provisions in the 2002 Act providing for what happens to property, which is subject to both criminal confiscation and insolvency legislation, need tidying up. They still refer in places to the confiscation provisions which are to be repealed. Consequently, the cross-references in the insolvency provisions also need to be repealed. Amendments Nos. 121A and 121B delete an unnecessary reference in Schedule 10. The schedule allows extension of the search, seizure, detention and forfeiture of suspect cash under the Proceeds of Crime Act from constables and officers of Her Majesty’s Revenue and Customs to accredited financial investigators. All operational staff of Her Majesty’s Revenue and Customs are covered by the term, "““officers of Revenue and Customs””." The definition of this term is provided in Section 2 of the Commissioners for Revenue and Customs Act 2005. Paragraph 11 of Schedule 10 provides for compensation to be paid by agencies in cash recovery cases. It provides that the commissioners for Her Majesty’s Revenue and Customs have compensation liability for accredited financial investigators who are members of staff, but not officers, of HMRC. This is an unnecessary provision and will be deleted. Section 302(7) of the Proceeds of Crime Act already provides for compensation to be awarded following the actions of officers of Her Majesty’s Revenue and Customs. I beg to move.