Serious Crime Bill [HL]

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 2 to 31. This group deals with a number of amendments relating to serious crime prevention orders. The amendments touch on the following matters. Amendment No. 2 relates to appeals in relation to discharge of an order. Amendments Nos. 3, 4, 47 and 161 relate to the route of appeal from decisions of the Crown Court in relation to serious crime prevention orders. Amendments Nos. 5 to 8, 11, 12, 18 to 21, 24 and 25 are all minor and technical amendments relating to the winding up provisions in Clauses 28 and 29. Amendments Nos. 13 and 15 allow the winding up of bodies in Scotland. Amendment No. 29 inserts a new clause, ““Powers to wind up: supplementary””. It contains order-making powers in relation to winding up with Amendments Nos. 48 and 53 consequential on that. Amendments Nos. 62, 63, 65, 67, 68 and 70 all add offences in Schedule 1. Amendments Nos. 9, 10, 14, 22, 23 and 26 relate to who should exercise the order-making powers in relation to relevant bodies as set out in Clauses 28 and 29. Amendment No. 30 merely ensures that the Bill complies with the e-commerce directive. Amendment No. 31 provides that the appropriate committee for making rules of court in relation to serious crime prevention orders made in the Crown Court will be the Criminal Procedure Rules Committee. Amendment No. 59 makes it clear that the schedules to the Bill will be brought into force by order. Amendment No. 54 is a technical amendment to extend the clause. Amendment No. 71 relates that to the Director of Public Prosecutions for Northern Ireland and his duties under Sections 75 and 76 of the Northern Ireland Act 1998. Amendments Nos. 16, 17, 27 and 28 simply make clear that limited liability partnerships are included in the provisions allowing for the winding up of organisations. These are all relatively minor, technical amendments, so I do not propose to go into detail on each and every one. I am of course more than willing to answer questions that the House might have in relation to any of them. Moved, That the House do agree with the Commons in their Amendments Nos. 2 to 31.—(Lord West of Spithead.) On Question, Motion agreed to. 32: Insert the following new Clause- ““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 (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 6(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), 18(1) and (2), 20(2), (4) and (5), 21(2) and (4) and 22(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; ““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 (c) any related services; and ““specified””, in relation to a serious crime prevention order, means specified in the order.””