Moved by
Lord Sharpe of Epsom
97: Clause 67, page 46, line 22, after “out” insert “relevant”
Member's explanatory statement
This amendment, together with Lord Sharpe’s other amendments to clause 67 relating to relevant activities, allow the Secretary of State to make regulations specifying which activities of a specified person are subject to clause 67.
98: Clause 67, page 46, line 26, at end insert “relevant”
Member's explanatory statement
This amendment, together with Lord Sharpe’s other amendments to Clause 67 relating to relevant activities, allow the Secretary of State to make regulations specifying which activities of a specified person are subject to Clause 67.
99: Clause 67, page 46, line 30, at end insert “relevant”
Member's explanatory statement
This amendment, together with Lord Sharpe’s other amendments to Clause 67 relating to relevant activities, allow the Secretary of State to make regulations specifying which activities of a specified person are subject to Clause 67.
100: Clause 67, page 46, line 36, at end insert—
“(3A) In this section “relevant activities”—
(a) if regulations under subsection (3B) apply in relation to the specified person, has the meaning given by the regulations, and
(b) otherwise, means all activities.
(3B) The Secretary of State may by regulations make provision about activities which are relevant activities for the purposes of this section, either in relation to all specified persons or in relation to such specified persons as the regulations may provide.”
Member's explanatory statement
This amendment, together with Lord Sharpe’s other amendments to Clause 67 relating to relevant activities, allow the Secretary of State to make regulations specifying which activities of a specified person are subject to Clause 67.
101: Clause 67, page 47, line 6, leave out from “offence” to end of line 7.
Member's explanatory statement
This amendment removes the requirement for knowledge that an activity is not registered from the offence in Clause 67(7). Knowledge of registration is now dealt with in the defence inserted by Lord Sharpe’s amendment to Clause 67, page 47, line 10.
102: Clause 67, page 47, line 9, after first “or” insert “having regard to other matters known to them”
Member's explanatory statement
This amendment clarifies the meaning of “ought reasonably to know”.
103: Clause 67, page 47, line 9, leave out “or (b)”
Member's explanatory statement
This amendment adjusts the test for committing an offence under Clause 67.
104: Clause 67, page 47, line 10, at end insert—
“(9) In proceedings for an offence under subsection (7) or (8) it is a defence to show that the person—
(a) took all steps reasonably practicable to determine whether the activities were registered, and
(b) reasonably believed that the activities were registered.
(10) A person is taken to have shown a matter mentioned in subsection (9) 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.”
Member's explanatory statement
This amendment provides a defence to an offence under Clause 67(7) and (8).