Moved by
Lord Sharpe of Epsom
92: Clause 66, page 46, line 13, leave out from beginning to end of line 16 and insert—
“(A1) This section applies where a person (“P”) makes a foreign activity arrangement required to be registered under section 64(2).
(1) P commits an offence if—
(a) P carries out a relevant activity, or arranges for a relevant activity to be carried out, in the United Kingdom pursuant to the arrangement,”
Member's explanatory statement
This amendment confines the offence in Clause 66(1) to the person who makes a foreign activity arrangement with a specified person.
93: Clause 66, page 46, line 18, leave out “the person knows, or” and insert “P knows, or having regard to other matters known to them”
Member's explanatory statement
This amendment is consequential on Lord Sharpe’s amendment to Clause 66, page 46, line 13, and clarifies the meaning of “ought reasonably to know”.
94: Clause 66, page 46, leave out line 19 and insert “pursuant to a foreign activity arrangement.”
Member's explanatory statement
This amendment clarifies the mens rea where P acts pursuant to a foreign activity arrangement.
95: Clause 66, page 46, line 20, leave out subsection (2) and insert—
“(2) A person other than P commits an offence if—
(a) the person carries out a relevant activity, or arranges for a relevant activity to be carried out, in the United Kingdom pursuant to the arrangement,
(b) the arrangement is not registered, and
(c) the person knows, or having regard to other matters known to them ought reasonably to know, that they are acting pursuant to a foreign activity arrangement.
(3) In proceedings for an offence under subsection (2) it is a defence to show that the person—
(a) took all steps reasonably practicable to determine whether the arrangement was registered, and
(b) reasonably believed that the arrangement was registered.
(4) A person is taken to have shown a matter mentioned in subsection (3) if—
(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and
(b) the contrary is not proved beyond reasonable doubt.
(5) In this section “relevant activity” has the same meaning as in section 64.”
Member's explanatory statement
This amendment clarifies the applicable mens rea where a person other than P carries out the activities in question, or arranges for them to be carried out.