Serious Crime Act 2007

• (6) A serious crime prevention order may not include terms which impose a general obligation on service providers of intermediary services falling within the descriptions contained in Articles 12, 13 and 14 of the E-Commerce Directive—

• (a) to monitor the information which they transmit or store when providing those services; or

• (b) actively to seek facts or circumstances indicating illegal activity when providing those services.

• (7) For the purposes of this section—

• (a) a service provider is established in a particular EEA state if he effectively pursues an economic activity using a fixed establishment in that EEA state for an indefinite period and he is a national of an EEA state or a company or firm mentioned in Article 54 of the Treaty on the Functioning of the European Union;

• (b) the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider;

• (c) where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment where the service provider has the centre of his activities relating to the service;

and references to a person being established in an EEA state are to be read accordingly.

• (8) In this section—

• “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce);

• “information society services”—has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations); andis summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;

• “intermediary services” means an information society service which—consists in the provision of access to a communication network or the transmission in a communication network of information provided by a recipient of the service;consists in the transmission in a communication network of information which—is provided by a recipient of the service; andis the subject of automatic, intermediate and temporary storage which is solely for the purpose of making the onward transmission of the information to other recipients of the service at their request more efficient; orconsists in the storage of information provided by a recipient of the service;

• “recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible; and

• “service provider” means a person providing an information society service.

• (9) For the purposes of paragraph (a) of the definition of “intermediary services”, the provision of access to a communication network and the transmission of information in a communication network includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is for the sole purpose of carrying out the transmission in the network.

• (10) Subsection (9) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Supplementary

Proceedings in the High Court

35

• (1) Proceedings before the High Court in relation to serious crime prevention orders are civil proceedings.

• (2) One consequence of this is that the standard of proof to be applied by the court in such proceedings is the civil standard of proof.

Proceedings in the Crown Court

36

• (1) Proceedings before the Crown Court arising by virtue of section 19, 20 , 21 or 22E are civil proceedings.

• (2) One consequence of this is that the standard of proof to be applied by the court in such proceedings is the civil standard of proof.

• (3) Two other consequences of this are that the court—

• (a) is not restricted to considering evidence that would have been admissible in the criminal proceedings in which the person concerned was convicted; and

• (b) may adjourn any proceedings in relation to a serious crime prevention order even after sentencing the person concerned.

• (4) The Crown Court, when exercising its jurisdiction in England and Wales under this Part, is a criminal court for the purposes of Part 7 of the Courts Act 2003 (c. 39) (procedure rules and practice directions).

• (5) A serious crime prevention order may be made as mentioned in section 19(7)(b) in spite of anything in sections 79, 80 and 82 of the Sentencing Code or (as the case may be) Articles 4 and 6 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24)) (which relate to orders discharging a person absolutely or conditionally and their effect).

• (6) A variation of a serious crime prevention order may be made as mentioned in section 20(6)(b) or 21(6)(b) in spite of anything in sections 12 and 14 of the Act of 2000 or (as the case may be) Articles 4 and 6 of the Order of 1996.

Functions of applicant authorities

37

Schedule 2 (functions of applicant authorities under this Part) has effect.

Disclosure of information in accordance with orders

38

• (1) A person who complies with a requirement imposed by a serious crime prevention order to answer questions, provide information or produce documents does not breach—

• (a) any obligation of confidence; or

• (b) any other restriction on making the disclosure concerned (however imposed).

• (2) But see sections 11 to 14 (which limit the requirements that may be imposed by serious crime prevention orders in connection with answering questions, providing information or producing documents).

Compliance with orders: authorised monitors

39

• (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 5(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), 17(1) and (2), 19(2), (4) and (5), 20(2) and (4) and 21(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—the chief constable of a police force maintained under section 2 of the Police Act 1996;the Commissioner of Police of the Metropolis;the Common Council of the City of London in its capacity as police authority;the chief constable of the Police Service of Scotland;... the Northern Ireland Policing Board;the National Crime Agency;the Commissioners for Her Majesty's Revenue and Customs; orthe Director of the Serious Fraud Office;

• “monitoring services” means—analysing some or all information received in accordance with a serious crime prevention order;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; andany related services; and

• “specified”, in relation to a serious crime prevention order, means specified in the order.

Costs in relation to authorised monitors

40

• (1) The appropriate authority may by order make provision about the practice and procedure for determining the amount of—

• (a) any costs payable by virtue of section 39(4) and (5); and

• (b) any interest payable in respect of those costs.

• (2) Such provision may, in particular, include provision about appeals.

• (3) Where any amounts required to be paid by virtue of section 39(4) and (5) have not been paid within a required period, the law enforcement agency concerned must take reasonable steps to recover them and any interest payable in respect of them.

• (4) The appropriate authority must by order provide for what are reasonable steps for the purposes of subsection (3).

• (5) Any amounts which have not been recovered despite the taking of the reasonable steps are recoverable—

• (a) in England and Wales and Northern Ireland, as if due to the law enforcement agency concerned by virtue of a civil order or judgment.

• (b) in Scotland, in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

• (6) Where any amounts required to be paid by virtue of section 39(4) and (5) are, in the case of an order of the Crown Court, not paid within a required period, the unpaid balance from time to time carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (c. 110) (interest on civil judgment debts).

• (6A) Where any amounts required to be paid by virtue of section 39(4) and (5) are, in the case of a serious crime prevention order made under section 22A, not paid within a required period, the unpaid balance from time to time carries interest at the rate payable under a decree of the Court of Session.

• (7) For the purposes of section 25, a failure to comply with a requirement imposed by virtue of section 39(4) and (5) to make payments occurs when the amounts become recoverable as mentioned in subsection (5) above (and not before).

• (8) In this section “law enforcement agency” has the same meaning as in section 39.

• (9) In this section “the appropriate authority” means—

• (a) in relation to serious crime prevention orders in England and Wales, the Secretary of State;

• (aa) in relation to serious crime prevention orders in Scotland, the Scottish Ministers;

• (b) in relation to serious crime prevention orders in Northern Ireland, the Department of Justice in Northern Ireland.

Powers of law enforcement officers to retain documents

41

• (1) A law enforcement officer—

• (a) may take and retain copies of, or extracts from, any document produced to a law enforcement officer in pursuance of a serious crime prevention order; and

• (b) may retain any document so produced for as long as he considers that it is necessary to retain it (rather than any copy of it) for the purposes for which the document was obtained.

• (2) A law enforcement officer may retain any document produced to a law enforcement officer in pursuance of a serious crime prevention order until the conclusion of any legal proceedings if he has reasonable grounds for believing that the document—

• (a) may have to be produced for the purposes of those proceedings; and

• (b) might be unavailable unless retained.

Interpretation: Part 1

Interpretation: Part 1

42

In this Part—

• “act” and “conduct” include omissions and statements;

• “country” includes territory;

• “modifications” includes additions and omissions (and “modify” is to be read accordingly);

• “the public” includes a section of the public or a particular member of the public.

Index of defined expressions: Part 1

43

In this Part, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.

Part 2 — Encouraging or assisting crime

Inchoate offences

Intentionally encouraging or assisting an offence

44

• (1) A person commits an offence if—

• (a) he does an act capable of encouraging or assisting the commission of an offence; and

• (b) he intends to encourage or assist its commission.

• (2) But he is not to be taken to have intended to encourage or assist the commission of an offence merely because such encouragement or assistance was a foreseeable consequence of his act.

Encouraging or assisting an offence believing it will be committed

45

A person commits an offence if—

• (a) he does an act capable of encouraging or assisting the commission of an offence; and

• (b) he believes—

• (i) that the offence will be committed; and

• (ii) that his act will encourage or assist its commission.

Encouraging or assisting offences believing one or more will be committed

46

• (1) A person commits an offence if—

• (a) he does an act capable of encouraging or assisting the commission of one or more of a number of offences; and

• (b) he believes—

• (i) that one or more of those offences will be committed (but has no belief as to which); and

• (ii) that his act will encourage or assist the commission of one or more of them.

• (2) It is immaterial for the purposes of subsection (1)(b)(ii) whether the person has any belief as to which offence will be encouraged or assisted.

• (3) If a person is charged with an offence under subsection (1)—

• (a) the indictment must specify the offences alleged to be the “number of offences” mentioned in paragraph (a) of that subsection; but

• (b) nothing in paragraph (a) requires all the offences potentially comprised in that number to be specified.

• (4) In relation to an offence under this section, reference in this Part to the offences specified in the indictment is to the offences specified by virtue of subsection (3)(a).

Proving an offence under this Part

47

• (1) Sections 44, 45 and 46 are to be read in accordance with this section.

• (2) If it is alleged under section 44(1)(b) that a person (D) intended to encourage or assist the commission of an offence, it is sufficient to prove that he intended to encourage or assist the doing of an act which would amount to the commission of that offence.

• (3) If it is alleged under section 45(b) that a person (D) believed that an offence would be committed and that his act would encourage or assist its commission, it is sufficient to prove that he believed—

• (a) that an act would be done which would amount to the commission of that offence; and

• (b) that his act would encourage or assist the doing of that act.

• (4) If it is alleged under section 46(1)(b) that a person (D) believed that one or more of a number of offences would be committed and that his act would encourage or assist the commission of one or more of them, it is sufficient to prove that he believed—

• (a) that one or more of a number of acts would be done which would amount to the commission of one or more of those offences; and

• (b) that his act would encourage or assist the doing of one or more of those acts.

• (5) In proving for the purposes of this section whether an act is one which, if done, would amount to the commission of an offence—

• (a) if the offence is one requiring proof of fault, it must be proved that—

• (i) D believed that, were the act to be done, it would be done with that fault;

• (ii) D was reckless as to whether or not it would be done with that fault; or

• (iii) D's state of mind was such that, were he to do it, it would be done with that fault; and

• (b) if the offence is one requiring proof of particular circumstances or consequences (or both), it must be proved that—

• (i) D believed that, were the act to be done, it would be done in those circumstances or with those consequences; or

• (ii) D was reckless as to whether or not it would be done in those circumstances or with those consequences.

• (6) For the purposes of subsection (5)(a)(iii), D is to be assumed to be able to do the act in question.

• (7) In the case of an offence under section 44—

• (a) subsection (5)(b)(i) is to be read as if the reference to “D believed” were a reference to “D intended or believed”; but

• (b) D is not to be taken to have intended that an act would be done in particular circumstances or with particular consequences merely because its being done in those circumstances or with those consequences was a foreseeable consequence of his act of encouragement or assistance.

• (8) Reference in this section to the doing of an act includes reference to—

• (a) a failure to act;

• (b) the continuation of an act that has already begun;

• (c) an attempt to do an act (except an act amounting to the commission of the offence of attempting to commit another offence).

• (9) In the remaining provisions of this Part (unless otherwise provided) a reference to the anticipated offence is—

• (a) in relation to an offence under section 44, a reference to the offence mentioned in subsection (2); and

• (b) in relation to an offence under section 45, a reference to the offence mentioned in subsection (3).

Proving an offence under section 46

48

• (1) This section makes further provision about the application of section 47 to an offence under section 46.

• (2) It is sufficient to prove the matters mentioned in section 47(5) by reference to one offence only.

• (3) The offence or offences by reference to which those matters are proved must be one of the offences specified in the indictment.

• (4) Subsection (3) does not affect any enactment or rule of law under which a person charged with one offence may be convicted of another and is subject to section 57.

Supplemental provisions

49

• (1) A person may commit an offence under this Part whether or not any offence capable of being encouraged or assisted by his act is committed.

• (2) If a person's act is capable of encouraging or assisting the commission of a number of offences—

• (a) section 44 applies separately in relation to each offence that he intends to encourage or assist to be committed; and

• (b) section 45 applies separately in relation to each offence that he believes will be encouraged or assisted to be committed.

• (3) A person may, in relation to the same act, commit an offence under more than one provision of this Part.

• (4) In reckoning whether—

• (a) for the purposes of section 45, an act is capable of encouraging or assisting the commission of an offence; or

• (b) for the purposes of section 46, an act is capable of encouraging or assisting the commission of one or more of a number of offences;

offences under this Part and listed offences are to be disregarded.

• (5) “Listed offence” means—

• (a) in England and Wales, an offence listed in Part 1, 2 or 3 of Schedule 3; and

• (b) in Northern Ireland, an offence listed in Part 1, 4 or 5 of that Schedule.

• (6) The Secretary of State may by order amend Schedule 3.

• (6A) The power to make an order under subsection (6) for the purposes of subsection (5)(b) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as the power may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).

• (7) For the purposes of sections 45(b)(i) and 46(1)(b)(i) it is sufficient for the person concerned to believe that the offence (or one or more of the offences) will be committed if certain conditions are met.

Defences

Defence of acting reasonably

50

• (1) A person is not guilty of an offence under this Part if he proves—

• (a) that he knew certain circumstances existed; and

• (b) that it was reasonable for him to act as he did in those circumstances.

• (2) A person is not guilty of an offence under this Part if he proves—

• (a) that he believed certain circumstances to exist;

• (b) that his belief was reasonable; and

• (c) that it was reasonable for him to act as he did in the circumstances as he believed them to be.

• (3) Factors to be considered in determining whether it was reasonable for a person to act as he did include—

• (a) the seriousness of the anticipated offence (or, in the case of an offence under section 46, the offences specified in the indictment);

• (b) any purpose for which he claims to have been acting;

• (c) any authority by which he claims to have been acting.

Limitation on liability

Protective offences: victims not liable

51

• (1) In the case of protective offences, a person does not commit an offence under this Part by reference to such an offence if—

• (a) he falls within the protected category; and

• (b) he is the person in respect of whom the protective offence was committed or would have been if it had been committed.

• (2) “Protective offence” means an offence that exists (wholly or in part) for the protection of a particular category of persons (“the protected category”).

Jurisdiction and procedure

Jurisdiction

52

• (1) If a person (D) knows or believes that what he anticipates might take place wholly or partly in England or Wales, he may be guilty of an offence under section 44, 45 or 46 no matter where he was at any relevant time.

• (2) If it is not proved that D knows or believes that what he anticipates might take place wholly or partly in England or Wales, he is not guilty of an offence under section 44, 45 or 46 unless paragraph 1, 2 or 3 of Schedule 4 applies.

• (3) A reference in this section (and in any of those paragraphs) to what D anticipates is to be read as follows—

• (a) in relation to an offence under section 44 or 45, it refers to the act which would amount to the commission of the anticipated offence;

• (b) in relation to an offence under section 46, it refers to an act which would amount to the commission of any of the offences specified in the indictment.

• (4) In their application to Northern Ireland, this section and Schedule 4 have effect as if references to—

• (a) England or Wales; and

• (b) England and Wales;

were references to Northern Ireland.

• (5) Nothing in this section or Schedule 4 restricts the operation of any enactment by virtue of which an act constituting an offence under this Part is triable under the law of England and Wales or Northern Ireland.

Prosecution of offences triable by reason of Schedule 4

53

• (1) No proceedings for an offence triable by reason of any provision of Schedule 4 may be instituted—

• (a) in England and Wales, except by, or with the consent of, the Attorney General; or

• (b) in Northern Ireland, except by, or with the consent of, the Advocate General for Northern Ireland.

• (2) Subsection (1) does not apply to an offence under this Part to which section 10 of the Bribery Act 2010 applies by virtue of section 54(1) and (2) below (encouraging or assisting bribery).

Institution of proceedings etc. for an offence under this Part

54

• (1) Any provision to which this section applies has effect with respect to an offence under this Part as it has effect with respect to the anticipated offence.

• (2) This section applies to provisions made by or under an enactment (whenever passed or made) that—

• (a) provide that proceedings may not be instituted or carried on otherwise than by, or on behalf or with the consent of, any person (including any provision which also makes exceptions to the prohibition);

• (b) confer power to institute proceedings;

• (c) confer power to seize and detain property;

• (d) confer a power of forfeiture, including any power to deal with anything liable to be forfeited.

• (3) In relation to an offence under section 46—

• (a) the reference in subsection (1) to the anticipated offence is to be read as a reference to any offence specified in the indictment; and

• (b) each of the offences specified in the indictment must be an offence in respect of which the prosecutor has power to institute proceedings.

• (4) Any consent to proceedings required as a result of this section is in addition to any consent required by section 53.

• (5) No proceedings for an offence under this Part are to be instituted against a person providing information society services who is established in an EEA State ... unless the derogation condition is satisfied.

• (6) The derogation condition is satisfied where the institution of proceedings—

• (a) is necessary to pursue the public interest objective;

• (b) relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to it; and

• (c) is proportionate to that objective.

• (7) The public interest objective is public policy.

• (8) In this section “information society services” has the same meaning as in section 34, and subsection (7) of that section applies for the purposes of this section as it applies for the purposes of that section.

Mode of trial

55

• (1) An offence under section 44 or 45 is triable in the same way as the anticipated offence.

• (2) An offence under section 46 is triable on indictment.

Persons who may be perpetrators or encouragers etc.

56

• (1) In proceedings for an offence under this Part (“the inchoate offence”) the defendant may be convicted if—

• (a) it is proved that he must have committed the inchoate offence or the anticipated offence; but

• (b) it is not proved which of those offences he committed.

• (2) For the purposes of this section, a person is not to be treated as having committed the anticipated offence merely because he aided, abetted, counselled or procured its commission.

• (3) In relation to an offence under section 46, a reference in this section to the anticipated offence is to be read as a reference to an offence specified in the indictment.

Alternative verdicts and guilty pleas

57

• (1) If in proceedings on indictment for an offence under section 44 or 45 a person is not found guilty of that offence by reference to the specified offence, he may be found guilty of that offence by reference to an alternative offence.

• (2) If in proceedings for an offence under section 46 a person is not found guilty of that offence by reference to any specified offence, he may be found guilty of that offence by reference to one or more alternative offences.

• (3) If in proceedings for an offence under section 46 a person is found guilty of the offence by reference to one or more specified offences, he may also be found guilty of it by reference to one or more other alternative offences.

• (4) For the purposes of this section, an offence is an alternative offence if—

• (a) it is an offence of which, on a trial on indictment for the specified offence, an accused may be found guilty; or

• (b) it is an indictable offence, or one to which section 40 of the Criminal Justice Act 1988 (c. 33) applies (power to include count for common assault etc. in indictment), and the condition in subsection (5) is satisfied.

• (5) The condition is that the allegations in the indictment charging the person with the offence under this Part amount to or include (expressly or by implication) an allegation of that offence by reference to it.

• (6) Subsection (4)(b) does not apply if the specified offence, or any of the specified offences, is murder or treason.

• (7) In the application of subsection (5) to proceedings for an offence under section 44, the allegations in the indictment are to be taken to include an allegation of that offence by reference to the offence of attempting to commit the specified offence.

• (8) Section 49(4) applies to an offence which is an alternative offence in relation to a specified offence as it applies to that specified offence.

• (9) In this section—

• (a) in relation to a person charged with an offence under section 44 or 45, “the specified offence” means the offence specified in the indictment as the one alleged to be the anticipated offence;

• (b) in relation to a person charged with an offence under section 46, “specified offence” means an offence specified in the indictment (within the meaning of subsection (4) of that section), and related expressions are to be read accordingly.

• (10) A person arraigned on an indictment for an offence under this Part may plead guilty to an offence of which he could be found guilty under this section on that indictment.

• (11) This section applies to an indictment containing more than one count as if each count were a separate indictment.

• (12) This section is without prejudice to—

• (a) section 6(1)(b) and (3) of the Criminal Law Act 1967 (c. 58);

• (b) section 6(1)(b) and (2) of the Criminal Law Act (Northern Ireland) 1967 (c. 18).

Penalties

58

• (1) Subsections (2) and (3) apply if—

• (a) a person is convicted of an offence under section 44 or 45; or

• (b) a person is convicted of an offence under section 46 by reference to only one offence (“the reference offence”).

• (2) If the anticipated or reference offence is murder, he is liable to imprisonment for life.

• (3) In any other case he is liable to any penalty for which he would be liable on conviction of the anticipated or reference offence.

• (4) Subsections (5) to (7) apply if a person is convicted of an offence under section 46 by reference to more than one offence (“the reference offences”).

• (5) If one of the reference offences is murder, he is liable to imprisonment for life.

• (6) If none of the reference offences is murder but one or more of them is punishable with imprisonment, he is liable—

• (a) to imprisonment for a term not exceeding the maximum term provided for any one of those offences (taking the longer or the longest term as the limit for the purposes of this paragraph where the terms provided differ); or

• (b) to a fine.

• (7) In any other case he is liable to a fine.

• (8) Subsections (3), (6) and (7) are subject to any contrary provision made by or under—

• (a) an Act; or

• (b) Northern Ireland legislation.

• (9) In the case of an offence triable either way, the reference in subsection (6) to the maximum term provided for that offence is a reference to the maximum term so provided on conviction on indictment.

Consequential alterations of the law

Abolition of common law replaced by this Part

59

The common law offence of inciting the commission of another offence is abolished.

Amendments relating to service law

60

Schedule 5 (which amends enactments relating to service law) has effect.

Repeal of offence of enabling unauthorised access to computer material

61

• (1) The Police and Justice Act 2006 (c. 48) is amended as follows.

• (2) In section 35 (unauthorised access to computer material), omit subsection (2).

• (3) In section 36 (unauthorised acts with intent to impair operation of computer, etc.), in the section to be substituted for section 3 of the Computer Misuse Act 1990 (c. 18)—

• (a) in subsection (2)—

• (i) at the end of paragraph (b), insert “ or ”; and

• (ii) omit paragraph (d) and the word “or” preceding it;

• (b) in subsection (3) for “to (d)” substitute “ to (c) ”.

• (4) In section 38 (transitional and saving provision), omit subsection (1).

• (5) In Schedule 14 (minor and consequential amendments), omit paragraphs 19(2) and 29(2).

No individual liability in respect of corporate manslaughter

62

In section 18 of the Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19) (no individual liability for offences under that Act) after subsection (1) insert—

(1A) An individual cannot be guilty of an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) by reference to an offence of corporate manslaughter.

Consequential amendments: Part 2

63

• (1) In the provisions listed in Part 1 of Schedule 6, any reference however expressed to (or to conduct amounting to) the offence abolished by section 59 has effect as a reference to (or to conduct amounting to) the offences under this Part.

• (2) Part 2 of Schedule 6 contains other minor and consequential amendments.

• (3) The Secretary of State may by order amend Part 1 of Schedule 6 as it applies to England and Wales by adding or removing a provision.

• (4) The Department of Justice in Northern Ireland may by order amend Part 1 of Schedule 6 as it applies to Northern Ireland by adding or removing a provision.

Interpretation: Part 2

Encouraging or assisting the commission of an offence

64

A reference in this Part to encouraging or assisting the commission of an offence is to be read in accordance with section 47.

Being capable of encouraging or assisting

65

• (1) A reference in this Part to a person's doing an act that is capable of encouraging the commission of an offence includes a reference to his doing so by threatening another person or otherwise putting pressure on another person to commit the offence.

• (2) A reference in this Part to a person's doing an act that is capable of encouraging or assisting the commission of an offence includes a reference to his doing so by—

• (a) taking steps to reduce the possibility of criminal proceedings being brought in respect of that offence;

• (b) failing to take reasonable steps to discharge a duty.

• (3) But a person is not to be regarded as doing an act that is capable of encouraging or assisting the commission of an offence merely because he fails to respond to a constable's request for assistance in preventing a breach of the peace.

Indirectly encouraging or assisting

66

If a person (D1) arranges for a person (D2) to do an act that is capable of encouraging or assisting the commission of an offence, and D2 does the act, D1 is also to be treated for the purposes of this Part as having done it.

Course of conduct

67

A reference in this Part to an act includes a reference to a course of conduct, and a reference to doing an act is to be read accordingly.

Part 3 — Other measures to prevent or disrupt serious and other crime

Chapter 1 — Prevention of fraud

Sharing information with anti-fraud organisations

Disclosure of information to prevent fraud

68

• (1) A public authority may, for the purposes of preventing fraud or a particular kind of fraud, disclose information as a member of a specified anti-fraud organisation or otherwise in accordance with any arrangements made by such an organisation.

• (2) The information—

• (a) may be information of any kind; and

• (b) may be disclosed to the specified anti-fraud organisation, any members of it or any other person to whom disclosure is permitted by the arrangements concerned.

• (3) Disclosure under this section does not breach—

• (a) any obligation of confidence owed by the public authority disclosing the information; or

• (b) any other restriction on the disclosure of information (however imposed).

• (4) But nothing in this section authorises any disclosure of information which—

• (a) contravenes the data protection legislation; or

• (b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) This section does not limit the circumstances in which information may be disclosed apart from this section.

• (8) In this section—

• “an anti-fraud organisation” means any unincorporated association, body corporate or other person which enables or facilitates any sharing of information to prevent fraud or a particular kind of fraud or which has any of these functions as its purpose or one of its purposes;

• “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

• “information” includes documents;

• “public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998 (c. 42) (acts of public authorities); and

• “specified” means specified by an order made by the Secretary of State.

Offence for certain further disclosures of information

69

• (1) A person (“B”) commits an offence, subject as follows, if—

• (a) B discloses protected information which has been disclosed by a public authority—

• (i) as a result of the public authority being a member of a specified anti-fraud organisation; or

• (ii) otherwise in accordance with any arrangements made by such an organisation;

• (b) the information—

• (i) has been so disclosed by the public authority to B; or

• (ii) has come into B's possession as a result (whether directly or indirectly) of such a disclosure by the public authority to another person; and

• (c) B knows or suspects, or has reasonable grounds for suspecting, that the information is information of the kind mentioned in paragraphs (a) and (b).

• (2) Subsection (1) does not apply to a disclosure made by B—

• (a) where B is acting (whether as an employee or otherwise) on behalf of the person to whom the information was disclosed by the public authority concerned and the disclosure by B is to another person acting (whether as an employee or otherwise) on behalf of that person;

• (b) for the purposes of the detection, investigation or prosecution of an offence in the United Kingdom;

• (c) with the consent of the public authority concerned; or

• (d) in pursuance of an assimilated obligation or a duty imposed by an enactment;

but it does apply to a disclosure made by B which does not fall within paragraphs (a) to (d) above but which (but for the offence) would have been permitted by a power conferred by an enactment.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) It is a defence for a person charged with an offence under this section to prove that the person reasonably believed—

• (a) that the disclosure was lawful; or

• (b) that the information had already and lawfully been made available to the public.

• (5) In this section “protected information” means—

• (a) any revenue and customs information disclosed by Revenue and Customs and revealing the identity of the person to whom it relates; or

• (b) any specified information disclosed by a specified public authority.

• (6) For the purposes of this section—

• (a) “revenue and customs information” means information about, acquired as a result of or held in connection with the exercise of a function of the Commissioners of Revenue and Customs or an officer of Revenue and Customs in respect of a person;

• (b) revenue and customs information reveals a person's identity if—

• (i) it specifies his identity; or

• (ii) his identity can be deduced from it; and

• (c) revenue and customs information relates to a person if he is the person in respect of whom the function mentioned in paragraph (a) is exercised.

• (7) In this section—

• “Commissioners of Revenue and Customs” means Commissioners for Her Majesty's Revenue and Customs;

• “enactment” has the same meaning as in section 14;

• “public authority” has the same meaning as in section 68;

• “Revenue and Customs” means—the Commissioners of Revenue and Customs;an officer of Revenue and Customs; ora person acting on behalf of the Commissioners or an officer of Revenue and Customs;

• “specified anti-fraud organisation” means any person which is a specified anti-fraud organisation for the purposes of section 68;

• “specified information” means information specified or described in an order made by the Secretary of State; and

• “specified public authority” means a public authority specified or described in an order made by the Secretary of State.

Penalty and prosecution for offence under section 69

70

• (1) A person who commits an offence under section 69 is liable—

• (a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;

• (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

• (2) A prosecution for an offence under section 69 may be begun in England and Wales only by or with the consent of the Director of Public Prosecutions

• (3) A prosecution for an offence under section 69 may be begun in Northern Ireland only—

• (a) in the case of revenue and customs information disclosed by Revenue and Customs—

• (i) by the Commissioners of Revenue and Customs; or

• (ii) with the consent of the Director of Public Prosecutions for Northern Ireland; and

• (b) in any other case, with the consent of the Director of Public Prosecutions for Northern Ireland.

• (4) If an offence under section 69 committed by a body corporate or a partnership is proved to have been committed with the consent or connivance of—

• (a) an officer of the body corporate or (as the case may be) a partner or a senior officer of the partnership; or

• (b) a person who was purporting to act in any such capacity;

he (as well as the body corporate or partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.

• (5) In the application of subsection (1)(a) in Northern Ireland, the reference to 12 months is to be read as a reference to 6 months.

• (5A) In the application of subsection (1)(a) in England and Wales, the reference to 12 months is to be read as a reference to the general limit in a magistrates’ court subject to paragraph 8 of Schedule 13.

• (6) In this section—

• “body corporate” includes a limited liability partnership;

• “Commissioners of Revenue and Customs”, “Revenue and Customs” and “revenue and customs information” have the same meaning as in section 69;

• “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate;

• “officer of a body corporate” means any director, manager, secretary or other similar officer of the body corporate; and

• “senior officer of a partnership” means any person who has the control or management of the business carried on by the partnership at the principal place where it is carried on.

Code of practice for disclosure of information to prevent fraud

71

• (1) The Secretary of State must prepare, and keep under review, a code of practice with respect to the disclosure, for the purposes of preventing fraud or a particular kind of fraud, of information by public authorities as members of specified anti-fraud organisations or otherwise in accordance with any arrangements made by such organisations.

• (2) Before preparing or altering the code, the Secretary of State must consult—

• (a) any specified anti-fraud organisation;

• (b) the Information Commissioner; and

• (c) such other persons as the Secretary of State considers appropriate.

• (3) A public authority must have regard to the code in (or in connection with) disclosing information, for the purposes of preventing fraud or a particular kind of fraud, as a member of a specified anti-fraud organisation or otherwise in accordance with any arrangements made by such an organisation.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The Secretary of State must—

• (a) lay a copy of the code, and of any alterations to it, before Parliament; and

• (b) from time to time publish the code as for the time being in force.

• (6) In this section—

• “information” and “public authority” have the same meaning as in section 68;

• “relevant public authority” has the meaning given by section 68(6); and

• “specified anti-fraud organisation” means any person which is a specified anti-fraud organisation for the purposes of section 68.

Data protection rules

72

In Schedule 3 to the Data Protection Act 1998 (c. 29) (conditions for processing sensitive personal data), after paragraph 7, insert—

(7A) (1) The processing— (a) is either— (i) the disclosure of sensitive personal data by a person as a member of an anti-fraud organisation or otherwise in accordance with any arrangements made by such an organisation; or (ii) any other processing by that person or another person of sensitive personal data so disclosed; and (b) is necessary for the purposes of preventing fraud or a particular kind of fraud. (2) In this paragraph “an anti-fraud organisation” means any unincorporated association, body corporate or other person which enables or facilitates any sharing of information to prevent fraud or a particular kind of fraud or which has any of these functions as its purpose or one of its purposes.

Data matching

Data matching

73

Schedule 7 (which makes provision about data matching) has effect.

Chapter 2 — Proceeds of crime

Assets Recovery Agency

Abolition of Assets Recovery Agency and redistribution of functions etc.

74

• (1) The Assets Recovery Agency and the corporation sole that is its Director shall cease to exist on such day as the Secretary of State may by order appoint.

• (2) The following Parts of Schedule 8 (abolition of Assets Recovery Agency and its Director) have effect—

• (a) Part 1 (abolition of confiscation functions);

• (b) Part 2 (transfer to SOCA and prosecution authorities of civil recovery functions);

• (c) Part 3 (transfer to SOCA of Revenue functions and power to abolish those functions);

• (d) Part 4 (transfer of investigation functions);

• (e) Part 5 (transfer of accreditation and training functions to National Policing Improvement Agency);

• (f) Part 6 (other amendments to the Proceeds of Crime Act 2002 (c. 29)); and

• (g) Part 7 (amendments to other enactments).

• (3) Schedule 9 (which makes provision about the transfer of the Director and staff of the Agency, and property, rights and liabilities of the Director and the Agency, to SOCA and the National Policing Improvement Agency) has effect.

• (4) In this section and Schedules 8 and 9 “SOCA” means the Serious Organised Crime Agency.

Detained cash investigations: use of production orders and warrants

Use of production orders for detained cash investigations

75

• (1) After section 341(3) of the Proceeds of Crime Act 2002 (types of investigation to which Part 8 applies) insert—

(3A) For the purposes of this Part a detained cash investigation is— (a) an investigation for the purposes of Chapter 3 of Part 5 into the derivation of cash detained under section 295 or a part of such cash, or (b) an investigation for the purposes of Chapter 3 of Part 5 into whether cash detained under section 295, or a part of such cash, is intended by any person to be used in unlawful conduct.

• (2) In section 345(2) of that Act (investigations in respect of which production orders may be made), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.

• (3) In section 346(2) of that Act (reasonable suspicion requirement for making a production order), after paragraph (b), insert—

(ba) in the case of a detained cash investigation into the derivation of cash, the property the application for the order specifies as being subject to the investigation, or a part of it, is recoverable property; (bb) in the case of a detained cash investigation into the intended use of cash, the property the application for the order specifies as being subject to the investigation, or a part of it, is intended by any person to be used in unlawful conduct;

.

• (4) In section 380(3) of that Act (investigations in respect of which production orders may be made in Scotland), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.

• (5) In section 381(2) of that Act (reasonable suspicion requirement for making a production order in Scotland), after paragraph (b), insert—

(ba) in the case of a detained cash investigation into the derivation of cash, the property the application for the order specifies as being subject to the investigation, or a part of it, is recoverable property; (bb) in the case of a detained cash investigation into the intended use of cash, the property the application for the order specifies as being subject to the investigation, or a part of it, is intended by any person to be used in unlawful conduct;

.

Use of search warrants etc. for detained cash investigations

76

• (1) In section 352(2) of the Proceeds of Crime Act 2002 (c. 29) (investigations in respect of which a search and seizure warrant may be issued), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.

• (2) In section 353(2) of that Act (reasonable suspicion grounds for warrant where no production order), after paragraph (b), insert—

(ba) in the case of a detained cash investigation into the derivation of cash, the property specified in the application for the warrant, or a part of it, is recoverable property; (bb) in the case of a detained cash investigation into the intended use of cash, the property specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct;

.

• (3) After section 353(7) of that Act (types of material in respect of which warrant may be issued where no production order) insert—

(7A) In the case of a detained cash investigation into the derivation of cash, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (7B) In the case of a detained cash investigation into the intended use of cash, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.

• (4) In section 387(3) of that Act (investigations in respect of which a search warrant may be issued in Scotland), in paragraph (b), after “a civil recovery investigation” insert “ or a detained cash investigation ”.

• (5) In section 388(2) of that Act (reasonable suspicion grounds for issue of warrant in Scotland where no production order), after paragraph (b), insert—

(ba) in the case of a detained cash investigation into the derivation of cash, the property specified in the application for the warrant, or a part of it, is recoverable property; (bb) in the case of a detained cash investigation into the intended use of cash, the property specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct;

.

• (6) After section 388(7) of that Act (types of material in respect of which warrant may be issued in Scotland where no production order) insert—

(7A) In the case of a detained cash investigation into the derivation of cash, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought. (7B) In the case of a detained cash investigation into the intended use of cash, material falls within this subsection if it cannot be identified at the time of the application but it— (a) relates to the property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and (b) is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.

Further provision about detained cash investigations

77

Schedule 10 (which makes further provision about detained cash investigations) has effect.

Extension of powers of accredited financial investigators

Powers to seize property to which restraint orders apply

78

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers to recover cash

79

Schedule 11 (which gives accredited financial investigators powers to recover cash under Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 (c. 29) and makes related amendments) has effect.

Powers in relation to certain investigations

80

• (1) In section 352(5) of the Proceeds of Crime Act 2002 (search and seizure warrants in connection with confiscation, money laundering and detained cash investigations etc.)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in paragraph (c) (as inserted by Schedule 10 to this Act), after “constable” insert “ , an accredited financial investigator ”.

• (2) After section 352(6) of that Act insert—

(7) The reference in paragraph (a) or (c) of subsection (5) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State under section 453.

• (3) In section 353(10) of that Act (requirements in relation to search and seizure warrants)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in paragraph (c) (as inserted by Schedule 10 to this Act), after “constable” insert “ , an accredited financial investigator ”.

• (4) After section 353(10) of that Act insert—

(11) The reference in paragraph (a) or (c) of subsection (10) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State under section 453.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) In section 378(3A) of that Act (as inserted by Schedule 10 to this Act) (meaning of “officers” for purposes of Part 8 in relation to detained cash investigations) after paragraph (a) insert—

(ab) an accredited financial investigator;

.

• (8) After section 378(3A) of that Act (as inserted by Schedule 10 to this Act) insert—

(3B) The reference in paragraph (ab) of subsection (3A) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State under section 453.

Supplementary provision in relation to new powers

81

• (1) In section 453(2) of the Proceeds of Crime Act 2002 (c. 29) (power to modify references to accredited financial investigators)—

• (a) after “may” insert “ , in particular, ”; and

• (b) after “person” insert “ or by reference to particular types of training undertaken ”.

• (2) After section 453 of that Act insert—

(453A) (1) A person commits an offence if he assaults an accredited financial investigator who is acting in the exercise of a relevant power. (2) A person commits an offence if he resists or wilfully obstructs an accredited financial investigator who is acting in the exercise of a relevant power. (3) A person guilty of an offence under subsection (1) is liable on summary conviction— (a) to imprisonment for a term not exceeding 51 weeks; or (b) to a fine not exceeding level 5 on the standard scale; or to both. (4) A person guilty of an offence under subsection (2) is liable on summary conviction— (a) to imprisonment for a term not exceeding 51 weeks; or (b) to a fine not exceeding level 3 on the standard scale; or to both. (5) In this section “relevant power” means a power exercisable under— (a) section 45 or 194 (powers to seize property to which restraint orders apply); (b) section 289 (powers to search for cash); (c) section 294 (powers to seize cash); (d) section 295(1) (power to detain seized cash); or (e) a search and seizure warrant issued under section 352. (6) In the application of this section to England and Wales in relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (alteration of penalties for summary offences), and in the application of this section to Northern Ireland— (a) the reference to 51 weeks in subsection (3)(a) is to be read as a reference to 6 months; and (b) the reference to 51 weeks in subsection (4)(a) is to be read as a reference to 1 month.

Miscellaneous

Powers of management receivers and enforcement receivers

82

• (1) After section 49(8) of the Proceeds of Crime Act 2002 (c. 29) (opportunity for persons to make representations before powers conferred on management receivers to manage or otherwise deal with property: England and Wales) insert—

(8A) Subsection (8), so far as relating to the power mentioned in subsection (2)(b), does not apply to property which— (a) is perishable; or (b) ought to be disposed of before its value diminishes.

• (2) After section 51(8) of that Act (opportunity for persons to make representations before powers conferred on enforcement receivers to manage or otherwise deal with property: England and Wales) insert—

(8A) Subsection (8), so far as relating to the power mentioned in subsection (2)(b), does not apply to property which— (a) is perishable; or (b) ought to be disposed of before its value diminishes.

• (3) After section 197(8) of that Act (opportunity for persons to make representations before powers conferred on management receivers to manage or otherwise deal with property: Northern Ireland) insert—

(8A) Subsection (8), so far as relating to the power mentioned in subsection (2)(b), does not apply to property which— (a) is perishable; or (b) ought to be disposed of before its value diminishes.

• (4) After section 199(8) of that Act (opportunity for persons to make representations before powers conferred on enforcement receivers to manage or otherwise deal with property: Northern Ireland) insert—

(8A) Subsection (8), so far as relating to the power mentioned in subsection (2)(b), does not apply to property which— (a) is perishable; or (b) ought to be disposed of before its value diminishes.

Civil recovery management receivers

83

• (1) After section 245D of the Proceeds of Crime Act 2002 (property freezing orders) insert—

(245E) (1) Subsection (2) applies if— (a) the High Court makes a property freezing order on an application by an enforcement authority, and (b) the authority applies to the court to proceed under subsection (2) (whether as part of the application for the property freezing order or at any time afterwards). (2) The High Court may by order appoint a receiver in respect of any property to which the property freezing order applies. (3) An application for an order under this section may be made without notice if the circumstances are such that notice of the application would prejudice any right of the enforcement authority to obtain a recovery order in respect of any property. (4) In its application for an order under this section, the enforcement authority must nominate a suitably qualified person for appointment as a receiver. (5) Such a person may be a member of staff of the enforcement authority. (6) The enforcement authority may apply a sum received by it under section 280(2) in making payment of the remuneration and expenses of a receiver appointed under this section. (7) Subsection (6) does not apply in relation to the remuneration of the receiver if he is a member of the staff of the enforcement authority (but it does apply in relation to such remuneration if the receiver is a person providing services under arrangements made by the enforcement authority). (245F) (1) If the High Court appoints a receiver under section 245E on an application by an enforcement authority, the court may act under this section on the application of the authority. (2) The court may by order authorise or require the receiver— (a) to exercise any of the powers mentioned in paragraph 5 of Schedule 6 (management powers) in relation to any property in respect of which the receiver is appointed, (b) to take any other steps the court thinks appropriate in connection with the management of any such property (including securing the detention, custody or preservation of the property in order to manage it). (3) The court may by order require any person in respect of whose property the receiver is appointed— (a) to bring the property to a place (in England and Wales or, as the case may be, Northern Ireland) specified by the receiver or to place it in the custody of the receiver (if, in either case, he is able to do so), (b) to do anything he is reasonably required to do by the receiver for the preservation of the property. (4) The court may by order require any person in respect of whose property the receiver is appointed to bring any documents relating to the property which are in his possession or control to a place (in England and Wales or, as the case may be, Northern Ireland) specified by the receiver or to place them in the custody of the receiver. (5) In subsection (4) “document” means anything in which information of any description is recorded. (6) Any prohibition on dealing with property imposed by a property freezing order does not prevent a person from complying with any requirements imposed by virtue of this section. (7) If— (a) the receiver deals with any property which is not property in respect of which he is appointed under section 245E, and (b) at the time he deals with the property he believes on reasonable grounds that he is entitled to do so by virtue of his appointment, the receiver is not liable to any person in respect of any loss or damage resulting from his dealing with the property except so far as the loss or damage is caused by his negligence. (245G) (1) Any of the following persons may at any time apply to the High Court for directions as to the exercise of the functions of a receiver appointed under section 245E— (a) the receiver, (b) any party to the proceedings for the appointment of the receiver or the property freezing order concerned, (c) any person affected by any action taken by the receiver, (d) any person who may be affected by any action proposed to be taken by the receiver. (2) Before giving any directions under subsection (1), the court must give an opportunity to be heard to— (a) the receiver, (b) the parties to the proceedings for the appointment of the receiver and for the property freezing order concerned, (c) any person who may be interested in the application under subsection (1). (3) The court may at any time vary or set aside the appointment of a receiver under section 245E, any order under section 245F or any directions under this section. (4) Before exercising any power under subsection (3), the court must give an opportunity to be heard to— (a) the receiver, (b) the parties to the proceedings for the appointment of the receiver, for the order under section 245F or, as the case may be, for the directions under this section; (c) the parties to the proceedings for the property freezing order concerned, (d) any person who may be affected by the court's decision.

• (2) In sections 273(4)(b) and 277(7)(b) of that Act (recovery orders and consent orders: recovery of costs of pension scheme trustees or managers) after “enforcement authority,” insert “ receiver appointed under section 245E, ”.

• (3) In paragraph 1 of Schedule 10 to that Act (disapplication of special income tax and capital gains tax rules for receivers), after paragraph (c), insert—

(ca) a receiver appointed under section 245E;

.

Powers for prosecutors to appear in cash recovery proceedings

84

• (1) After section 302 of the Proceeds of Crime Act 2002 (c. 29) (recovery of cash in summary proceedings: compensation) insert—

(302A) (1) The Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland may appear for a constable in proceedings under this Chapter if the Director— (a) is asked by, or on behalf of, a constable to do so, and (b) considers it appropriate to do so. (2) The Director of Revenue and Customs Prosecutions may appear for the Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs in proceedings under this Chapter if the Director— (a) is asked by, or on behalf of, the Commissioners for Her Majesty's Revenue and Customs or (as the case may be) an officer of Revenue and Customs to do so, and (b) considers it appropriate to do so. (3) The Directors may charge fees for the provision of services under this section.

• (2) After section 2C(3) of that Act (prosecuting authorities) (as inserted by Schedule 8 to this Act) insert—

(3A) Subsection (3) does not apply to the functions of the Director of Public Prosecutions for Northern Ireland and the Director of Revenue and Customs Prosecutions under section 302A.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disclosure of information by Revenue and Customs

85

• (1) This section applies to information held as mentioned in section 18(1) of the Commissioners for Revenue and Customs Act 2005 (c. 11) (confidentiality).

• (2) Information to which this section applies may be disclosed by or with the authority of the Commissioners of Revenue and Customs—

• (a) to the Criminal Assets Bureau in Ireland (“the CAB”) for the purpose of enabling or assisting the CAB to exercise any of its functions in connection with any matter within subsection (3); or

• (b) to any specified public authority (in the United Kingdom or elsewhere)—

• (i) for the purpose of enabling or assisting the public authority to exercise any of its functions in connection with any matter within subsection (3); or

• (ii) (if the specifying order so provides) for the purpose of enabling or assisting the public authority to exercise any of its functions in connection with any matter within that subsection that is specified, or of a description specified, in the order.

• (3) The matters within this subsection are—

• (a) the identification of proceeds of crime;

• (b) the bringing of civil proceedings for enforcement purposes in relation to proceeds of crime; and

• (c) the taking of other action in relation to proceeds of crime.

• (4) Information disclosed in accordance with subsection (2) must not be further disclosed except—

• (a) in connection with the exercise of any of the functions of the CAB or a specified public authority in connection with any matter within subsection (3) (or, in a subsection (2)(b)(ii) case, any such matter as is mentioned there); and

• (b) with the consent of the Commissioners of Revenue and Customs or an authorised officer of the Commissioners of Revenue and Customs.

• (5) For the purposes of this section any consent or authorisation may be general or specific.

• (6) If a person in the United Kingdom discloses, in contravention of subsection (4), any revenue and customs information relating to a person whose identity—

• (a) is specified in the disclosure; or

• (b) can be deduced from it;

section 19 of the 2005 Act (wrongful disclosure) applies in relation to that disclosure as it applies in relation to a disclosure of such information in contravention of section 20(9) of that Act.