Moved by
Lord Sharpe of Epsom
55: Schedule 2, page 71, line 15, at end insert—
“(v) Schedule 3 (disclosure orders);
(vi) Schedule 4 (customer information orders);”
Member's explanatory statement
This amendment adds offences under Schedules 3 and 4 to the list of offences to which the powers in Part 1 of Schedule 2 do not apply.
56: Schedule 2, page 75, leave out line 36 and insert “produce the material”
Member's explanatory statement
This amendment adjusts the test for the grant of a warrant under paragraph 9, to align with paragraph 12 of Schedule 5 to the Terrorism Act 2000.
57: Schedule 2, page 75, line 37, leave out from beginning to “it” in line 38
Member's explanatory statement
This amendment adjusts the test for the grant of a warrant under paragraph 9, to align with paragraph 12 of Schedule 5 to the Terrorism Act 2000.
58: Schedule 2, page 75, line 40, leave out paragraphs (c) and (d) and insert—
“(c) the investigation may be seriously prejudiced unless a constable can secure immediate access to the material.”
Member's explanatory statement
This amendment adjusts the test for the grant of a warrant under paragraph 9, to align with paragraph 12 of Schedule 5 to the Terrorism Act 2000.
59: Schedule 2, page 81, line 3, at end insert—
“(v) Schedule 3 (disclosure orders);
(vi) Schedule 4 (customer information orders);”
Member's explanatory statement
This amendment adds offences under Schedules 3 and 4 to the list of offences to which the powers in Part 2 of Schedule 2 do not apply.
60: Schedule 2, page 83, line 38, leave out “Provision may be made” and insert “Without prejudice to section 305 of the Criminal Procedure (Scotland) Act 1995, provision may be made by the High Court of Justiciary”
Member's explanatory statement
This amendment clarifies that an Act of Adjournal made under paragraph 24(1) of Schedule 2 would be made by the High Court of Justiciary and would be without prejudice to the general power in section 305 of the Criminal Procedure (Scotland) Act 1995.
61: Schedule 2, page 84, leave out line 38 and insert “produce the material”
Member's explanatory statement
This amendment adjusts the test for the grant of a warrant under paragraph 25, to align with paragraph 29 of Schedule 5 to the Terrorism Act 2000.
62: Schedule 2, page 84, line 39, leave out from beginning to “it” in line 40
Member's explanatory statement
This amendment adjusts the test for the grant of a warrant under paragraph 25, to align with paragraph 29 of Schedule 5 to the Terrorism Act 2000.
63: Schedule 2, page 85, line 1, leave out paragraphs (c) and (d) and insert—
“(c) the investigation may be seriously prejudiced unless a constable can secure immediate access to the material.”
Member's explanatory statement
This amendment adjusts the test for the grant of a warrant under paragraph 25, to align with paragraph 29 of Schedule 5 to the Terrorism Act 2000.