Serious Crime Act 2007

• (1) An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c. 48)—

• (a) section 107(1)(a), (b), (d)(iv) or (e) (making, importing or distributing an article which infringes copyright);

• (b) section 198(1)(a), (b) or (d)(iii) (making, importing or distributing an illicit recording);

• (c) section 297A (making or dealing etc. in unauthorised decoders).

• (2) An offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 (c. 26) (unauthorised use of trade mark etc.).

Environment

29

• (1) An offence under section 62 or 63 of the Fisheries Act (Northern Ireland) 1966 (c. 17 (N.I.)) (prohibition of certain methods of fishing).

• (2) An offence under Article 15 of the Wildlife (Northern Ireland) Order 1985 (S.I. 1985/171 (N.I.2)) (introduction of new species, etc.).

• (3) An offence under Article 4 of the Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I.19)) (prohibition on unauthorised or harmful deposit, treatment or disposal, etc. of waste).

• (4) An offence under paragraph 1(2) of Schedule 1 to the Control of Trade in Endangered Species Regulations 2018 (S.I. 2018/703).

• (5) An offence under paragraph 2 of that Schedule which consists of the conduct specified in the table in that paragraph as the subject matter of Article 16(1)(c) or (d) of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein.

Inchoate offences

30

• (1) An offence of attempting or conspiring the commission of an offence specified or described in this Part of this Schedule.

• (2) An offence under Part 2 of this Act (encouraging or assisting) where the offence (or one of the offences) which the person in question intends or believes would be committed is an offence specified or described in this Part of this Schedule.

• (3) An offence of aiding, abetting, counselling or procuring the commission of an offence specified or described in this Part of this Schedule.

• (4) The references in sub-paragraphs (1) to (3) to offences specified or described in this Part of this Schedule do not include the offence at common law of conspiracy to defraud.

Earlier offences

31

• (1) This Part of this Schedule (apart from paragraph 30(2)) has effect, in its application to conduct before the passing of this Act, as if the offences specified or described in this Part included any corresponding offences under the law in force at the time of the conduct.

• (2) Paragraph 30(2) has effect, in its application to conduct before the passing of this Act or before the coming into force of section 59 of this Act, as if the offence specified or described in that provision were an offence of inciting the commission of an offence specified or described in this Part of this Schedule.

Scope of offences

32

Where this Part of this Schedule refers to offences which are offences under the law of Northern Ireland and another country, the reference is to be read as limited to the offences so far as they are offences under the law of Northern Ireland.

SCHEDULE 2

Director of Public Prosecutions

1

The functions of the Director of Public Prosecutions under this Part are—

• (a) to have the conduct of applications for serious crime prevention orders in England and Wales or for their variation or discharge;

• (b) to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in England and Wales;

• (c) to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders (whether proceedings on appeal, by virtue of section 27 or otherwise);

• (d) to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders; and

• (e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

2

• (1) The Director may, to such extent as he may decide, delegate the exercise of his functions under this Part to a Crown Prosecutor.

• (2) References in this Part to the Director are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Director or any Crown Prosecutor.

3

The functions of the Director under this Part are exercisable under the superintendence of the Attorney General.

4

• (1) The Code for Crown Prosecutors issued under section 10 of the Prosecution of Offences Act 1985 (c. 23) (guidelines for Crown Prosecutors) may include guidance by the Director on general principles to be applied by Crown Prosecutors in determining in any case—

• (a) whether to make an application for a serious crime prevention order in England and Wales or for the variation or discharge of such an order;

• (b) whether to present a petition by virtue of section 27 of this Act; or

• (c) where such an application has been made or petition presented, whether the proceedings concerned should be discontinued.

• (2) Section 10(2) and (3) of that Act (power to make alterations in the Code and duty to set out alterations in Director's report) are to be read accordingly.

5

Section 14 of that Act (power of Attorney General to make regulations about fees of legal representatives and costs and expenses of witnesses) applies in relation to proceedings in connection with serious crime prevention orders and attendance for the purposes of such cases as it applies in relation to criminal proceedings and attendance for the purposes of such cases.

Director of Revenue and Customs Prosecutions

6

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

7

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

8

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

9

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

10

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

11

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

Director of Serious Fraud Office

12

The functions of the Director of the Serious Fraud Office under this Part are—

• (a) to have the conduct of applications for serious crime prevention orders in England and Wales or for their variation or discharge;

• (b) to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in England and Wales;

• (c) to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders (whether proceedings on appeal, by virtue of section 27 or otherwise);

• (d) to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders; and

• (e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

13

• (1) The Director may, to such extent as he may decide, delegate the exercise of his functions under this Part to a member of the Serious Fraud Office designated under section 1(7) of the Criminal Justice Act 1987 (c. 38).

• (2) References in this Part to the Director are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1) above, as references to the Director or any member of the Serious Fraud Office so designated.

14

The functions of the Director under this Part are exercisable under the superintendence of the Attorney General.

15

Paragraph 8 of Schedule 1 to the Criminal Justice Act 1987 (power of Attorney General to make regulations about fees of counsel and costs and expenses of witnesses) applies in relation to proceedings in connection with serious crime prevention orders and attendance for the purposes of such cases as it applies in relation to criminal proceedings and attendance for the purposes of such cases.

Director of Public Prosecutions for Northern Ireland

16

The functions of the Director of Public Prosecutions for Northern Ireland under this Part are—

• (a) to have the conduct of applications for serious crime prevention orders in Northern Ireland or for their variation or discharge;

• (b) to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order in Northern Ireland;

• (c) to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders (whether proceedings on appeal, by virtue of section 28 or otherwise);

• (d) to give advice in connection with any proceedings or possible proceedings about serious crime prevention orders; and

• (e) to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

17

References in this Part to the Director are to be read, so far as necessary for the purposes of functions delegated by him to Public Prosecutors, as references to the Director or any Public Prosecutor.

18

• (1) The Code for Public Prosecutors issued under section 37 of the Justice (Northern Ireland) Act 2002 (c. 26) (guidelines for Public Prosecutors) may include guidance by the Director on general principles to be applied by Public Prosecutors in determining in any case—

• (a) whether to make an application for a serious crime prevention order in Northern Ireland or for the variation or discharge of such an order;

• (b) whether to present a petition by virtue of section 28 of this Act; or

• (c) where such an application has been made or petition presented, whether the proceedings concerned should be discontinued.

• (2) Sections 37(4) and 39(2) of that Act (power to make alterations in the Code and duty to set out alterations in Director's report) are to be read accordingly.

19

Sections 75(1) and (2) and 76(1) of, and Schedule 9 to, the Northern Ireland Act 1998 (c. 47) (duties of public authorities) do not apply to the functions of the Director of Public Prosecutions for Northern Ireland under this Part.

20

Section 1 of the Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10 (N.I.)) (expenses of prosecution) applies in relation to proceedings in connection with serious crime prevention orders and attendance for the purposes of such cases as it applies in relation to criminal proceedings and attendance for the purposes of such cases.

Interpretation

21

In this Schedule references to having the conduct of proceedings include references to starting or discontinuing proceedings.

SCHEDULE 3

Part 1 — Offences common to England and Wales and Northern Ireland

Offences against the Person Act 1861 (c. 100)

1

An offence under section 4 of the Offences against the Person Act 1861 (solicitation etc. of murder).

2

An offence under section 21 of that Act (attempting to choke etc. in order to commit or assist in the committing of any indictable offence) so far as it may be committed with the intention of enabling any other person to commit, or assisting any other person in the commission of, an indictable offence.

3

An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing of any indictable offence) so far as it may be committed with the intention of enabling any other person to commit, or assisting any other person in the commission of, an indictable offence.

4

But references in paragraphs 2 and 3 to any other person do not include reference to the person whose act is capable of encouraging or assisting the commission of the offence under section 21 or, as the case may be, section 22 of that Act.

Aliens Restriction (Amendment) Act 1919 (c. 92)

5

An offence under section 3(1) of the Aliens Restriction (Amendment) Act 1919 (acts calculated or likely to cause sedition or disaffection amongst HM forces etc.) consisting in attempting an act calculated or likely to cause sedition or disaffection in contravention of that subsection.

6

An offence under section 3(2) of that Act (promoting or attempting to promote industrial unrest) consisting in attempting to promote industrial unrest in contravention of that subsection.

Official Secrets Act 1920 (c. 75)

7

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

Incitement to Disaffection Act 1934 (c. 56)

8

An offence under section 1 of the Incitement to Disaffection Act 1934 (endeavouring to seduce members of HM forces from their duty or allegiance).

Misuse of Drugs Act 1971 (c. 38)

9

An offence under section 19 of the Misuse of Drugs Act 1971 (inciting any other offence under that Act).

10

An offence under section 20 of that Act (assisting or inducing commission outside United Kingdom of offence punishable under corresponding law).

Immigration Act 1971 (c. 77)

11

An offence under section 25 of the Immigration Act 1971 (assisting unlawful immigration to a member State or the United Kingdom).

12

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

Representation of the People Act 1983 (c. 2)

13

An offence under section 97(1) of the Representation of the People Act 1983 (public meetings) consisting in the incitement of others to act in a disorderly manner for the purpose of preventing at a lawful public meeting to which that section applies the transaction of the business for which the meeting was called.

Computer Misuse Act 1990 (c. 18)

14

An offence under section 3A(1) of the Computer Misuse Act 1990 (making etc. article intending it to be used to commit, or to assist in the commission of, an offence under section 1 or 3 of that Act).

15

An offence under section 3A(2) of that Act (supply or offer to supply article believing it is likely to be used to commit, or to assist in the commission of, an offence under section 1 or 3 of that Act).

16

An offence under section 3A(3) of that Act (obtaining an article with a view to its being supplied for use to commit, or to assist in the commission of, an offence under section 1 or 3 of that Act).

Criminal Justice Act 1993 (c. 36)

17

An offence under section 52(2)(a) of the Criminal Justice Act 1993 (encouraging insider dealing).

Reserve Forces Act 1996 (c. 14)

18

An offence under section 101 of the Reserve Forces Act 1996 (inducing a person to desert or absent himself).

Landmines Act 1998 (c. 33)

19

An offence under section 2(2) of the Landmines Act 1998 (encouraging, assisting or inducing an offence under section 2(1) of that Act).

Terrorism Act 2006 (c. 11)

20

An offence under section 1(2) of the Terrorism Act 2006 (encouraging terrorism).

21

An offence under section 2(1) of that Act (disseminating terrorist publications).

22

An offence under section 5 of that Act (engaging in conduct in preparation for giving effect to intention to commit or assisting another to commit acts of terrorism).

23

An offence under section 6(1) of that Act (provision of instruction or training knowing that a person trained or instructed intends to use the skills obtained for or in connection with the commission of acts of terrorism or for assisting the commission or preparation of such acts by others).

24

An offence under section 6(2) of that Act as a result of paragraph (b)(ii) of that subsection (receipt of instruction or training intending to use the skills obtained for assisting the commission or preparation of acts of terrorism by others).

Part 2 — Offences under particular enactments: England and Wales

Public Meeting Act 1908 (c. 66)

25

An offence under section 1(2) of the Public Meeting Act 1908 (inciting others to commit offences under that section).

Perjury Act 1911 (c. 6)

26

An offence under section 7(2) of the Perjury Act 1911 (inciting a person to commit an offence under that Act).

Prison Act 1952 (c. 52)

27

An offence under section 39(1) of the Prison Act 1952 (assisting a prisoner to escape).

Criminal Law Act 1967 (c. 58)

28

An offence under section 4(1) of the Criminal Law Act 1967 (assisting persons who have committed an offence).

29

An offence under section 5(1) of that Act (accepting or agreeing to accept consideration for not disclosing information about an offence).

Greater London Council (General Powers) Act 1973 (c. xxx)

30

An offence under section 13 of the Greater London Council (General Powers) Act 1973 (assaults etc. on officers) consisting in the aiding or inciting of any person to assault, resist or obstruct an officer of the Thames Water Authority duly exercising or performing any power or duty under a section or byelaw mentioned in that section.

Greater London Council (General Powers) Act 1974 (c. xxiv)

31

An offence under section 21(6) of the Greater London Council (General Powers) Act 1974 (assaults etc. on officers of a borough council) consisting in the aiding or inciting of any person to assault, resist or obstruct an officer of a borough council duly exercising or performing any power or duty under section 21 of that Act.

Criminal Law Act 1977 (c. 45)

32

An offence under section 1(1) of the Criminal Law Act 1977 (conspiracy).

Criminal Attempts Act 1981 (c. 47)

33

An offence under section 1(1) of the Criminal Attempts Act 1981 (attempting to commit an offence).

Public Order Act 1986 (c. 64)

34

An offence under section 12(6) of the Public Order Act 1986 (inciting commission of offences under section 12(5) of that Act).

35

An offence under section 13(9) of that Act (inciting commission of offences under section 13(8) of that Act).

36

An offence under section 14(6) of that Act (inciting commission of offences under section 14(5) of that Act).

37

An offence under section 14B(3) of that Act (inciting commission of offences under section 14B(2) of that Act).

Terrorism Act 2000 (c. 11)

38

An offence under section 59 of the Terrorism Act 2000 (inciting in England and Wales the commission of acts of terrorism outside the United Kingdom).

Part 3 — Other offences: England and Wales

39

An offence of conspiracy falling within section 5(2) or (3) of the Criminal Law Act 1977 (c. 45) (forms of conspiracy not affected by abolition of offence of conspiracy at common law).

40

• (1) An attempt under a special statutory provision.

• (2) Sub-paragraph (1) is to be read with section 3 of the Criminal Attempts Act 1981 (c. 47).

Part 4 — Offences under particular enactments: Northern Ireland

Prison Act (Northern Ireland) 1953 (c. 18)

41

An offence under section 29(a) of the Prison Act (Northern Ireland) 1953 (rescuing or assisting a person sentenced to imprisonment for life, or in lawful custody for an offence carrying that sentence, to escape or attempt to escape) so far as it consists in assisting a person.

42

An offence under section 30(a) of that Act (rescuing or assisting a person sentenced to imprisonment for a term less than life, or in lawful custody for an offence carrying such a sentence, to escape or attempt to escape) so far as it consists in assisting a person.

Criminal Law Act (Northern Ireland) 1967 (c. 18)

43

An offence under section 4(1) of the Criminal Law Act (Northern Ireland) 1967 (assisting persons who have committed an offence).

Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I.19))

44

An offence under Article 12(2) of the Perjury (Northern Ireland) Order 1979 (inciting a person to commit an offence under that Order).

Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13))

45

An offence under Article 3(1) of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (attempting to commit an offence).

46

An offence under Article 9(1) of that Order (conspiracy).

Public Processions (Northern Ireland) Act 1998 (c. 2)

47

An offence under section 8(8) of the Public Processions (Northern Ireland) Act 1998 (inciting commission of offences under section 8(7) of that Act).

48

An offence under section 9A(8) of that Act (inciting commission of offences under section 9A of that Act).

Terrorism Act 2000 (c. 11)

49

An offence under section 60 of the Terrorism Act 2000 (inciting in Northern Ireland the commission of acts of terrorism outside the United Kingdom).

Part 5 — Other offences: Northern Ireland

50

An offence of conspiracy falling within Article 13(2) or (3) of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13)) (forms of conspiracy not affected by abolition of offence of conspiracy at common law).

SCHEDULE 4

1

• (1) This paragraph applies if—

• (a) any relevant behaviour of D's takes place wholly or partly in England or Wales;

• (b) D knows or believes that what he anticipates might take place wholly or partly in a place outside England and Wales; and

• (c) either—

• (i) the anticipated offence is one that would be triable under the law of England and Wales if it were committed in that place; or

• (ii) if there are relevant conditions, it would be so triable if it were committed there by a person who satisfies the conditions.

• (2) “Relevant condition” means a condition that—

• (a) determines (wholly or in part) whether an offence committed outside England and Wales is nonetheless triable under the law of England and Wales; and

• (b) relates to the citizenship, nationality or residence of the person who commits it.

2

• (1) This paragraph applies if—

• (a) paragraph 1 does not apply;

• (b) any relevant behaviour of D's takes place wholly or partly in England or Wales;

• (c) D knows or believes that what he anticipates might take place wholly or partly in a place outside England and Wales; and

• (d) what D anticipates would amount to an offence under the law in force in that place.

• (2) The condition in sub-paragraph (1)(d) is to be taken to be satisfied unless, not later than rules of court may provide, the defence serve on the prosecution a notice—

• (a) stating that on the facts as alleged the condition is not in their opinion satisfied;

• (b) showing their grounds for that opinion; and

• (c) requiring the prosecution to show that it is satisfied.

• (3) The court, if it thinks fit, may permit the defence to require the prosecution to show that the condition is satisfied without prior service of a notice under sub-paragraph (2).

• (4) In the Crown Court, the question whether the condition is satisfied is to be decided by the judge alone.

• (5) An act punishable under the law in force in any place outside England and Wales constitutes an offence under that law for the purposes of this paragraph, however it is described in that law.

3

• (1) This paragraph applies if—

• (a) any relevant behaviour of D's takes place wholly outside England and Wales;

• (b) D knows or believes that what he anticipates might take place wholly or partly in a place outside England and Wales; and

• (c) D could be tried under the law of England and Wales if he committed the anticipated offence in that place.

• (2) For the purposes of sub-paragraph (1)(c), D is to be assumed to be able to commit the anticipated offence.

4

In relation to an offence under section 46, a reference in this Schedule to the anticipated offence is to be read as a reference to any of the offences specified in the indictment.

SCHEDULE 5

Criminal Justice Act 1982 (c. 48)

1

In section 32 of the Criminal Justice Act 1982 (early release of prisoners), in subsection (2A) for “incitement” substitute “ encouragement and assistance ”.

Sexual Offences (Amendment) Act 1992 (c. 34)

2

In section 6 of the Sexual Offences (Amendment) Act 1992 (interpretation), in subsection (1A) for “incitement” substitute “ encouragement and assistance ”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

3

In section 114 of the Powers of Criminal Courts (Sentencing) Act 2000 (offences under service law), in subsection (3) for “incitement” substitute “ encouragement and assistance ”.

Sexual Offences Act 2003 (c. 42)

4

• (1) The Sexual Offences Act 2003 is amended as follows.

• (2) In paragraph 93A of Schedule 3 (sexual offences for purposes of Part 2), in sub-paragraph (3) for “incitement” substitute “ encouragement and assistance ”.

• (3) In paragraph 172A of Schedule 5 (other offences for purposes of Part 2), in sub-paragraph (2) for “incitement” substitute “ encouragement and assistance ”.

Criminal Justice Act 2003 (c. 44)

5

In section 233 of the Criminal Justice Act 2003 (offences under service law), in subsection (2) for “incitement” substitute “ encouragement and assistance ”.

Gambling Act 2005 (c. 19)

6

In Part 1 of Schedule 7 to the Gambling Act 2005 (relevant offences), in paragraph 22A for “incitement” substitute “ encouragement and assistance ”.

Armed Forces Act 2006 (c. 52)

7

The Armed Forces Act 2006 is amended as follows.

8

In section 39 (attempts), in subsection (4)(b) for “inciting another person to commit” substitute “ encouraging or assisting the commission of ”.

9

For section 40 (incitement) substitute—

(40) (1) A person subject to service law commits an offence if he encourages or assists the commission of a service offence (other than an offence under section 42). (2) A civilian subject to service discipline commits an offence if he encourages or assists the commission of an offence mentioned in section 39(4). (3) Reference in this section to encouraging or assisting the commission of an offence is to the doing of an act that would have constituted an offence under Part 2 of the Serious Crime Act 2007 if the offence encouraged or assisted had been an offence under the law of England and Wales. (4) In determining whether an act would have constituted an offence under that Part, section 49(4) of that Act has effect as if for “offences under this Part and listed offences” it read “offences under sections 39 and 40 of the Armed Forces Act 2006”. (5) Any requirement in that Part to specify matters in an indictment applies for the purposes of this section as it applies for the purposes of that Part, but with references to the indictment being read as references to the charge sheet. (6) A person guilty of an offence under this section is liable to the same punishment as he would be liable to if guilty of— (a) the service offence encouraged or assisted; or (b) if convicted of the offence under this section by reference to more than one such service offence, any one of those service offences.

10

Accordingly, in the heading immediately before section 39 for “incitement” substitute “ encouragement and assistance ”.

11

For section 46 (inciting criminal conduct) substitute—

(46) (1) Subsection (2) applies if a person subject to service law, or a civilian subject to service discipline, encourages or assists the doing of an act (or one or more of a number of acts) that, if done in England or Wales, would be punishable by the law of England and Wales. (2) Regardless of where that act (or those acts) might be done and of his state of mind with respect to that question, his encouragement or assistance shall be treated for the purposes of section 42(1) as an act that is punishable by the law of England and Wales (so far as it is not such an act in any event). (3) Reference in this section to encouraging or assisting is to an act that would constitute an offence under Part 2 of the Serious Crime Act 2007 disregarding any provision in that Part about the place where the act (or acts) being encouraged or assisted might be done or the accused's state of mind with respect to that question.

12

In section 48 (provision supplementary to sections 43 to 47), in subsection (1)(a) for “incitement” substitute “ encouragement or assistance ”.

13

In Schedule 2 (list of serious offences)—

• (a) in paragraph 11 for “inciting another person to commit” substitute “ encouraging or assisting the commission of ”;

• (b) in paragraph 13 for “of incitement to commit” substitute “ under Part 2 of the Serious Crime Act 2007 of encouraging or assisting the commission of ”.

SCHEDULE 6

Part 1 — References to common law offence of incitement

1

Section 30(4) of the Theft Act 1968 (c. 60) (restriction of proceedings against spouses and civil partners).

2

Section 1B(2) of the Biological Weapons Act 1974 (c. 6) (Revenue and Customs prosecutions).

3

Section 17(1) of the Industry Act 1975 (c. 68) (no criminal proceedings to lie in respect of contravention of a prohibition order).

4

Section 7(2)(ix) of the Sexual Offences (Amendment) Act 1976 (c. 82) (meaning of “rape offence” in relation to court martial proceedings).

5

In the Magistrates' Courts Act 1980 (c. 43)—

• (a) section 22(11)(b) (aggregation of value in relation to charges involving two or more scheduled offences);

• (b) section 103(2)(d) (written statement of child admissible in committal proceedings for certain offences);

• (c) paragraph 2 of Schedule 2 (offences for which the value involved is relevant to the mode of trial).

6

Article 8 (1A) of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I.6)) (driving disqualification where vehicle used for the purposes of crime).

7

In the Betting and Gaming Duties Act 1981 (c. 63)—

• (a) section 9(5) (prohibitions for protection of revenue);

• (b) section 9A(4) (prohibitions for protection of revenue: overseas brokers).

8

In section 32(1) of the Criminal Justice Act 1982 (c. 48) (early release of prisoners)—

• (a) paragraph (b)(iv) (imprisonment for excluded offence etc.);

• (b) paragraph (c)(iv) (imprisonment for service offence corresponding to excluded offence etc.), inserted by paragraph 94(2) of Schedule 16 to the Armed Forces Act 2006 (c. 52).

9

Section 80(3)(c) of the Police and Criminal Evidence Act 1984 (c. 60) (compellability of accused's spouse or civil partner).

10

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

11

Section 12(6)(a) of the Outer Space Act 1986 (c. 38) (offences).

12

Section 30(4) of the Gas Act 1986 (c. 44) (no criminal proceedings to lie in respect of contravention of final or provisional order).

13

Section 7(1) of the Public Order Act 1986 (c. 64) (consent of DPP to prosecution).

14

Section 2(3)(ba) of the Ministry of Defence Police Act 1987 (c. 4) (jurisdiction of members of MoD police).

15

In the Road Traffic Offenders Act 1988 (c. 53)—

• (a) section 28(2) (penalty points to be attributed to an offence);

• (b) section 34(5) (disqualification for certain offences);

• (c) section 35(5A) (disqualification for repeated offences).

16

Paragraph 2(a) of Schedule 1 to the Football Spectators Act 1989 (c. 37) (offences).

17

Article 79 (3)(c) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)) (compellability of accused's spouse or civil partner).

18

In the Aviation and Maritime Security Act 1990 (c. 31)—

• (a) section 11(3)(b) (destroying ships or fixed platforms or endangering their safety);

• (b) section 15(2)(c) (master's power of delivery).

19

In the Criminal Justice Act 1991 (c. 53)—

• (a) section 53(7) (cases involving children in which notice of transfer may be given);

• (b) section 86A(4) (offences in respect of which prisoner custody officers have powers in relation to persons other than prisoners).

20

In the Sexual Offences (Amendment) Act 1992 (c. 34)—

• (a) subsections (1)(g) and (3)(k) of section 2 (offences to which Act applies);

• (b) section 6(2A) (person who is to be treated as person against whom inchoate offences are committed).

21

In the Criminal Justice Act 1993 (c. 36)—

• (a) section 1(3)(d) (Group B offences);

• (b) section 5(4) (incitement to commit Group A offence).

22

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

23

Section 27 of the Antarctic Act 1994 (c. 15) (references to offences under the Act).

24

Section 9A(4) of the Criminal Justice and Public Order Act 1994 (c. 33) (offences in respect of which custody officers at contracted out secure training centres have powers in relation to persons other than those detained in the centre).

25

Paragraph (b) of the definition of “specified offence” in section 60(6) of the Drug Trafficking Act 1994 (c. 37) (Revenue and Customs prosecutions).

26

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

27

Article 4 (1A) and (7) of the Children's Evidence (Northern Ireland) Order 1995 (S.I. 1995/757 (N.I.3)) (cases involving children in which notice of transfer may be given).

28

Section 30A(2) of the Chemical Weapons Act 1996 (c. 6) (Revenue and Customs prosecutions).

29

Section 29(6)(i) of the Criminal Procedure and Investigations Act 1996 (c. 25) (meaning of “terrorism offence” for purpose of requirement to hold preparatory hearing).

30

In the Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)—

• (a) section 2(1) and (2) (incitement to commit certain sexual acts outside the United Kingdom);

• (b) section 3(8) (extended meaning of offence of incitement to commit a listed sexual offence).

31

In the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I.9))—

• (a) paragraph (h) of the definition of “drug trafficking offence” in Article 2(2) (interpretation);

• (b) paragraph (b) of the definition of “specified offence” in Article 55 (Revenue and Customs prosecutions).

32

In the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I.10))—

• (a) Article 30(2) (penalty points to be attributed to an offence);

• (b) Article 35(6) (disqualification for certain offences);

• (c) Article 40(7) (disqualification for repeated offences).

33

In the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24)) —

• (a) Article 38(3)(d) (Group B offences);

• (b) Article 42(2) (incitement to commit Group A offence).

34

Paragraph 8 of the Schedule to the Sexual Offences (Protected Material) Act 1997 (c. 39) (sexual offences for the purposes of that Act).

35

Section 14(2)(d) of the Northern Ireland (Sentences) Act 1998 (c. 35) (inadmissibility).

36

Section 51C(3)(e) of the Crime and Disorder Act 1998 (c. 37) (notices in certain cases involving children).

37

Section 62(2) of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (meaning of “sexual offence” and other references to offences).

38

Article 3 (2) of the Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I.8)) (meaning of “sexual offence” and other references to offences).

39

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

40

Paragraph 3(t)(i) of Schedule 4 to the Criminal Justice and Court Services Act 2000 (c. 43) (meaning of “offence against a child”).

41

Section 34(1)(g) of the Criminal Justice and Police Act 2001 (c. 16) (meaning of “drug trafficking offence”).

42

Sections 55(1)(b) and 62(1)(b) of the International Criminal Court Act 2001 (c. 17) (meaning of “ancillary offence”).

43

Section 53(2) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (Revenue and Customs prosecutions).

44

In the Proceeds of Crime Act 2002 (c. 29)—

• (a) section 340(11)(b) (interpretation of Part 7: money laundering);

• (b) section 415(2)(a) (money laundering offences for purposes of Part 8: investigations);

• (c) section 447(9)(b) (interpretation of Part 11: national and international co-operation);

• (d) section 451(6)(c) (Revenue and Customs prosecutions).

45

Section 4 of the Dealing in Cultural Objects (Offences) Act 2003 (c. 27) (Revenue and Customs prosecutions).

46

Section 142(7)(a) of the Extradition Act 2003 (c. 41) (extradition from category 1 territory to the United Kingdom).

47

Paragraph 3(a) of Schedule 2 to the Sexual Offences Act 2003 (c. 42) (sexual offences to which section 72 of that Act applies).

48

In the Criminal Justice Act 2003 (c. 44)—

• (a) in Schedule 15 (specified violent and sexual offences for the purposes of Chapter 5 of Part 12 of that Act), paragraphs 64(a) and 153(a);

• (b) in Schedule 17 (Northern Ireland violent and sexual offences specified for the purposes of section 229(4) of that Act), paragraphs 61(a) and 110(a).

49

Paragraph 3(i)(i) of the Schedule to the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (S.I. 2003/417 (N.I.4)) (meaning of “offence against a child”).

50

Section 14 of the Gangmasters (Licensing) Act 2004 (c. 11) (enforcement officer's power of arrest).

51

Section 76(3)(p) of the Serious Organised Crime and Police Act 2005 (c. 15) (offences giving rise to financial reporting order).

52

In the Terrorism Act 2006 (c. 11)—

• (a) section 17(2)(f) (commission of offences abroad);

• (b) paragraph 12(b) of Schedule 1 (Convention offences).

Part 2 — Other minor and consequential amendments

Misuse of Drugs Act 1971 (c. 38)

53

In section 19 of the Misuse of Drugs Act 1971 for “such an offence” substitute “ an offence under any other provision of this Act ”.

Criminal Law Act 1977 (c. 45)

54

In section 5 of the Criminal Law Act 1977 (effects of creation of statutory offence of conspiracy) omit subsection (7).

Magistrates' Courts Act 1980 (c. 43)

55

• (1) The Magistrates' Courts Act 1980 is amended as follows.

• (2) In section 32(1) (penalties for offences triable either way as a result of Schedule 1 to that Act) omit paragraph (b).

• (3) Omit section 45.

• (4) In Schedule 1 (offences triable either way) omit paragraph 35.

Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26))

56

Omit Article 60(1) of the Magistrates' Courts (Northern Ireland) Order 1981.

Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I.13))

57

In Article 13 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (effects of creation of statutory offence of conspiracy) omit paragraph (8).

Public Order Act 1986 (c. 64)

58

• (1) The Public Order Act 1986 is amended as follows.

• (2) In each of the provisions mentioned in sub-paragraph (3) omit the words from “notwithstanding” to the end.

• (3) The provisions are—

• (a) section 12(10);

• (b) section 13(13);

• (c) section 14(10);

• (d) section 14B(7).

Computer Misuse Act 1990 (c. 18)

59

• (1) The Computer Misuse Act 1990 is amended as follows.

• (2) In section 6 (incitement) omit subsection (3).

• (3) In section 7 (territorial scope of inchoate offences related to offences under external law corresponding to offences under the Act) omit subsection (4).

• (4) In section 8(3) (relevance of external law) omit “or by virtue of section 7(4) above”.

• (5) In section 9(2) (offences in relation to which British citizenship is immaterial) omit paragraph (d).

• (6) In section 16(4) (application to Northern Ireland) omit the words from “and any reference” to the end.

Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)

60

In section 2(3) of the Sexual Offences (Conspiracy and Incitement) Act 1996 for “of incitement” substitute “ done ”.

International Criminal Court Act 2001 (c. 17)

61

• (1) The International Criminal Court Act 2001 is amended as follows.

• (2) In section 55 (meaning of ancillary offence: England and Wales) omit subsection (3).

• (3) In section 62 (meaning of ancillary offence: Northern Ireland) omit subsection (3).

Proceeds of Crime Act 2002 (c. 29)

62

After sub-paragraph (1) in each of paragraph 10 of Schedule 2 to the Proceeds of Crime Act 2002 and paragraph 10 of Schedule 5 to that Act (inchoate offences which are lifestyle offences) insert the following sub-paragraph—

(1A) An offence under section 44 of the Serious Crime Act 2007 of doing an act capable of encouraging or assisting the commission of an offence specified in this Schedule.

Sexual Offences Act 2003 (c. 42)

63

• (1) The Sexual Offences Act 2003 is amended as follows.

• (2) In Schedule 3 (sexual offences for the purposes of Part 2 of that Act), after paragraph 94, insert—

(94A) A reference in a preceding paragraph to an offence (“offence A”) includes a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed.

• (3) In Schedule 5 (other offences which are relevant for the purposes of Part 2 of the Act), after paragraph 173, insert—

(173A) A reference in a preceding paragraph to an offence (“offence A”) includes a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed.

Serious Organised Crime and Police Act 2005 (c. 15)

64

• (1) The Serious Organised Crime and Police Act 2005 is amended as follows.

• (2) In section 136 (penalties in relation to demonstrations in the vicinity of Parliament) for subsection (4) substitute—

(4) A person who is guilty of an offence under section 44 or 45 of the Serious Crime Act 2007 in relation to which an offence mentioned in subsection (1), (2) or (3) is the anticipated offence (as defined by section 47(9) of that Act) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 4 on the standard scale or to both. (4A) If a person is guilty of an offence under section 46 of that Act by reference to an offence mentioned in subsection (1), (2) or (3), the maximum term of imprisonment applicable for the purposes of section 58(6) of that Act to the offence so mentioned is a term not exceeding 51 weeks.

• (3) In section 175(3) (transitional modification of penalties for summary offences in England and Wales) in the table, for the entry relating to section 136(4) substitute—

section 136(4)	3 months
section 136(4A)	3 months

.

SCHEDULE 7

Part 1 — Data matching: England

1

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

2

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

3

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

Part 2 — Data matching: Wales

4

After Part 3 of the Public Audit (Wales) Act 2004 (c. 23) insert—

(64A) (1) The Auditor General for Wales may conduct data matching exercises or arrange for them to be conducted on his behalf. (2) A data matching exercise is an exercise involving the comparison of sets of data to determine how far they match (including the identification of any patterns and trends). (3) The power in subsection (1) is exercisable for the purpose of assisting in the prevention and detection of fraud in or with respect to Wales. (4) That assistance may, but need not, form part of an audit. (5) A data matching exercise may not be used to identify patterns and trends in an individual's characteristics or behaviour which suggest nothing more than his potential to commit fraud in the future. (6) In the following provisions of this Part, reference to a data matching exercise is to an exercise conducted or arranged to be conducted under this section. (64B) (1) The Auditor General for Wales may require— (a) any body mentioned in subsection (2), and (b) any officer or member of such a body, to provide the Auditor General or a person acting on his behalf with such data (and in such form) as the Auditor General or that person may reasonably require for the purpose of conducting data matching exercises. (2) The bodies are— (a) a local government body in Wales (as defined in section 12(1)); (b) a Welsh NHS body (as defined in section 60). (3) A person who without reasonable excuse fails to comply with a requirement of the Auditor General under subsection (1)(b) is guilty of an offence and liable on summary conviction— (a) to a fine not exceeding level 3 on the standard scale, and (b) to an additional fine not exceeding £20 for each day on which the offence continues after conviction for that offence. (4) If an officer or member of a body is convicted of an offence under subsection (3), any expenses incurred by the Auditor General in connection with proceedings for the offence, so far as not recovered from any other source, are recoverable from that body. (64C) (1) If the Auditor General for Wales thinks it appropriate to conduct a data matching exercise using data held by or on behalf of a body or person not subject to section 64B, the data may be disclosed to the Auditor General or a person acting on his behalf. (2) A disclosure under subsection (1) does not breach— (a) any obligation of confidence owed by a person making the disclosure, or (b) any other restriction on the disclosure of information (however imposed). (3) But nothing in this section authorises a disclosure which— (a) contravenes the Data Protection Act 1998 (c. 29), or (b) is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23). (4) Data may not be disclosed under subsection (1) if the data comprise or include patient data. (5) “Patient data” means data relating to an individual which are held for medical purposes (within the meaning of section 251 of the National Health Service Act 2006 (c. 41)) and from which the individual can be identified. (6) This section does not limit the circumstances in which data may be disclosed apart from this section. (7) Data matching exercises may include data provided by a body or person outside England and Wales. (64D) (1) This section applies to the following information— (a) information relating to a particular body or person obtained by or on behalf of the Auditor General for Wales for the purpose of conducting a data matching exercise, (b) the results of any such exercise. (2) Information to which this section applies may be disclosed by or on behalf of the Auditor General for Wales if the disclosure is— (a) for or in connection with a purpose for which the data matching exercise is conducted, (b) to a body mentioned in subsection (3) (or a related party) for or in connection with a function of that body corresponding or similar to the functions of an auditor under Chapter 1 of Part 2 or the functions of the Auditor General under Part 3 or this Part, or (c) in pursuance of a duty imposed by or under a statutory provision. (3) The bodies are— (a) the Audit Commission, (b) the Auditor General for Scotland, (c) the Accounts Commission for Scotland, (d) Audit Scotland, (e) the Comptroller and Auditor General for Northern Ireland, (f) a person designated as a local government auditor under Article 4 of the Local Government (Northern Ireland) Order 2005 (S.I. 2005/1968 (N.I.18)). (4) “Related party”, in relation to a body mentioned in subsection (3), means— (a) a body or person acting on its behalf, (b) a body whose accounts are required to be audited by it or by a person appointed by it, (c) a person appointed by it to audit those accounts. (5) If the data used for a data matching exercise include patient data— (a) subsection (2)(a) applies only so far as the purpose for which the disclosure is made relates to a relevant NHS body, (b) subsection (2)(b) applies only so far as the function for or in connection with which the disclosure is made relates to such a body. (6) In subsection (5)— (a) “patient data” has the same meaning as in section 64C, (b) “relevant NHS body” means— (i) a Welsh NHS body as defined in section 60, (ii) a health service body as defined in section 53(1) of the Audit Commission Act 1998 (c. 18), (iii) an NHS body as defined in section 22(1) of the Community Care and Health (Scotland) Act 2002 (asp 5), (iv) a body to which Article 90 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)) applies. (7) Information disclosed under subsection (2) may not be further disclosed except— (a) for or in connection with the purpose for which it was disclosed under paragraph (a) or the function for which it was disclosed under paragraph (b) of that subsection, (b) for the investigation or prosecution of an offence (so far as the disclosure does not fall within paragraph (a)), or (c) in pursuance of a duty imposed by or under a statutory provision. (8) Except as authorised by subsections (2) and (7), a person who discloses information to which this section applies is guilty of an offence and liable— (a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or (b) on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both. (9) Section 54 does not apply to information to which this section applies. (10) In this section “statutory provision” has the meaning given in section 59(8). (64E) (1) Nothing in section 64D prevents the Auditor General for Wales from publishing a report on a data matching exercise (including on the results of the exercise). (2) But the report may not include information relating to a particular body or person if— (a) the body or person is the subject of any data included in the data matching exercise, (b) the body or person can be identified from the information, and (c) the information is not otherwise in the public domain. (3) A report published under this section may be published in any manner which the Auditor General considers appropriate for bringing it to the attention of those members of the public who may be interested. (4) This section does not affect any powers of an auditor or the Auditor General where the data matching exercise in question forms part of an audit under Part 2 or 3. (64F) (1) The Auditor General for Wales must prescribe a scale or scales of fees in respect of data matching exercises. (2) A body required under section 64B(1) to provide data for a data matching exercise must pay to the Auditor General the fee applicable to that exercise in accordance with the appropriate scale. (3) But if it appears to the Auditor General that the work involved in the exercise was substantially more or less than that envisaged by the appropriate scale, the Auditor General may charge the body a fee which is larger or smaller than that referred to in subsection (2). (4) Before prescribing a scale of fees under this section, the Auditor General must consult— (a) the bodies mentioned in section 64B(2), and (b) such other bodies or persons as the Auditor General thinks fit. (5) If the Welsh Ministers consider it necessary or desirable to do so, they may by regulations prescribe a scale or scales of fees to have effect, for such period as is specified in the regulations, in place of any scale or scales of fees prescribed by the Auditor General and, if they do so, references in this section to the appropriate scale are to be read as respects that period as references to the appropriate scale prescribed by the Welsh Ministers. (6) Before making any regulations under subsection (5), the Welsh Ministers must consult— (a) the Auditor General for Wales, and (b) such other bodies or persons as they think fit. (7) The power under subsection (5) is exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Assembly. (8) In addition to the power under subsection (2), the Auditor General may charge a fee to any other body or person providing data for or receiving the results of a data matching exercise, such fee to be payable in accordance with terms agreed between the Auditor General and that body or person. (64G) (1) The Auditor General for Wales must prepare, and keep under review, a code of practice with respect to data matching exercises. (2) Regard must be had to the code in conducting and participating in any such exercise. (3) Before preparing or altering the code, the Auditor General must consult the bodies mentioned in section 64B(2), the Information Commissioner and such other bodies or persons as the Auditor General thinks fit. (4) The Auditor General must— (a) lay a copy of the code, and of any alterations made to the code, before the Assembly, and (b) from time to time publish the code as for the time being in force. (64H) (1) The Secretary of State may by order amend this Part— (a) to add any purpose mentioned in subsection (2) to the purposes for which data matching exercises may be conducted, (b) to modify the application of this Part in relation to a purpose so added. (2) The purposes which may be added are— (a) to assist in the prevention and detection of crime (other than fraud) in or with respect to Wales, (b) to assist in the apprehension and prosecution of offenders in or with respect to Wales, (c) to assist in the recovery of debt owing to Welsh public bodies. (3) The Secretary of State may by order amend this Part— (a) to add a Welsh public body to the list of bodies in section 64B(2), (b) to modify the application of this Part in relation to a body so added, (c) to remove a body from that list. (4) Before making an order under this section, the Secretary of State must consult the Auditor General for Wales. (5) An order under this section— (a) is to be made by statutory instrument, and (b) may include such incidental, consequential, supplemental or transitional provision as the Secretary of State thinks fit. (6) No order under this section may be made unless a draft of the statutory instrument has been laid before, and approved by a resolution of, each House of Parliament. (7) In this section “Welsh public body” means a public body (as defined in section 12(3)) whose functions relate exclusively to Wales or an area of Wales.

5

• (1) Paragraph 9 of Schedule 8 to the Government of Wales Act 2006 (c. 32) (special finance provisions) is amended as follows.

• (2) In sub-paragraph (3)(b) after “government audit)” insert “ or, so far as the functions relate to local government bodies in Wales, Part 3A of that Act (data matching) ”.

• (3) In sub-paragraph (4)(c) for the words from “Part 2” to the end substitute

the following provisions of the Public Audit (Wales) Act 2004 (c. 23)— (i) Part 2 (including those charged as a result of paragraph 11(3)(c)), (ii) Part 3A (but only those charged to a local government body in Wales).

• (4) After sub-paragraph (4) insert—

(5) “Local government body in Wales” has the meaning given in section 12(1) of the Public Audit (Wales) Act 2004.

Part 3 — Data matching: Northern Ireland

6

After Article 4 of the Audit and Accountability (Northern Ireland) Order 2003 (S.I. 2003/418 (N.I.5)) insert—

(4A) (1) The Comptroller and Auditor General may conduct data matching exercises or arrange for them to be conducted on his behalf. (2) A data matching exercise is an exercise involving the comparison of sets of data to determine how far they match (including the identification of any patterns and trends). (3) The power in paragraph (1) is exercisable for the purpose of assisting in the prevention and detection of fraud. (4) That assistance may, but need not, form part of an audit. (5) A data matching exercise may not be used to identify patterns and trends in an individual's characteristics or behaviour which suggest nothing more than his potential to commit fraud in the future. (6) In Articles 4B to 4H, reference to a data matching exercise is to an exercise conducted or arranged to be conducted under this Article. (4B) (1) The Comptroller and Auditor General may require— (a) any body mentioned in paragraph (2); and (b) any officer or member of such a body, to provide the Comptroller and Auditor General or a person acting on his behalf with such data (and in such form) as the Comptroller and Auditor General or that person may reasonably require for the purpose of conducting data matching exercises. (2) The bodies are— (a) any body (including a holder of a statutory office) whose accounts are required to be audited by the Comptroller and Auditor General, other than a body whose accounts are required to be so audited by virtue of section 55 of the Northern Ireland Act 1998 (c. 47); (b) any body whose accounts are required to be audited by a local government auditor. (3) A person who without reasonable excuse fails to comply with a requirement of the Comptroller and Auditor General under paragraph (1)(b) is guilty of an offence and liable on summary conviction— (a) to a fine not exceeding level 3 on the standard scale; and (b) to an additional fine not exceeding £20 for each day on which the offence continues after conviction for that offence. (4) If an officer or member of a body is convicted of an offence under paragraph (3), any expenses incurred by the Comptroller and Auditor General in connection with proceedings for the offence, so far as not recovered from any other source, are recoverable from that body. (4C) (1) If the Comptroller and Auditor General thinks it appropriate to conduct a data matching exercise using data held by or on behalf of a body or person not subject to Article 4B, the data may be disclosed to the Comptroller and Auditor General or a person acting on his behalf. (2) A disclosure under paragraph (1) does not breach— (a) any obligation of confidence owed by a person making the disclosure; or (b) any other restriction on the disclosure of information (however imposed). (3) But nothing in this Article authorises a disclosure which— (a) contravenes the Data Protection Act 1998 (c. 29); or (b) is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23). (4) Data may not be disclosed under paragraph (1) if the data comprise or include patient data. (5) “Patient data” means data relating to an individual which are held for any of the following purposes and from which the individual can be identified— (a) preventative medicine, medical diagnosis, medical research, the provision of care and treatment and the management of health and social care services; (b) informing individuals about their physical or mental health or condition, the diagnosis of their condition or their care and treatment. (6) This Article does not limit the circumstances in which data may be disclosed apart from this Article. (7) Data matching exercises may include data provided by a body or person outside Northern Ireland. (4D) (1) This Article applies to the following information— (a) information relating to a particular body or person obtained by or on behalf of the Comptroller and Auditor General for the purpose of conducting a data matching exercise; (b) the results of any such exercise. (2) Information to which this Article applies may be disclosed by or on behalf of the Comptroller and Auditor General if the disclosure is— (a) for or in connection with a purpose for which the data matching exercise is conducted; (b) to a body mentioned in paragraph (3) (or a related party) for or in connection with a function of that body corresponding or similar to the audit functions of the Comptroller and Auditor General or a local government auditor under any statutory provision or the data matching functions of the Comptroller and Auditor General under Article 4A; or (c) in pursuance of a duty imposed by or under a statutory provision. (3) The bodies are— (a) the Audit Commission for Local Authorities and the National Health Service in England; (b) the Auditor General for Wales; (c) the Auditor General for Scotland; (d) the Accounts Commission for Scotland; (e) Audit Scotland. (4) “Related party”, in relation to a body mentioned in paragraph (3), means— (a) a body or person acting on its behalf; (b) a body whose accounts are required to be audited by it or by a person appointed by it; (c) a person appointed by it to audit those accounts. (5) If the data used for a data matching exercise include patient data— (a) paragraph (2)(a) applies only so far as the purpose for which the disclosure is made relates to a relevant NHS body; (b) paragraph (2)(b) applies only so far as the function for or in connection with which the disclosure is made relates to such a body. (6) In paragraph (5)— (a) “patient data” has the same meaning as in Article 4C; (b) “relevant NHS body” means— (i) a body to which Article 90 of the Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14) applies; (ii) a health service body as defined in section 53(1) of the Audit Commission Act 1998 (c. 18); (iii) a Welsh NHS body as defined in section 60 of the Public Audit (Wales) Act 2004 (c. 23); (iv) an NHS body as defined in section 22(1) of the Community Care and Health (Scotland) Act 2002 (asp 5). (7) Information disclosed under paragraph (2) may not be further disclosed except— (a) for or in connection with the purpose for which it was disclosed under sub-paragraph (a) or the function for which it was disclosed under sub-paragraph (b) of that paragraph; (b) for the investigation or prosecution of an offence (so far as the disclosure does not fall within sub-paragraph (a)); or (c) in pursuance of a duty imposed by or under a statutory provision. (8) Except as authorised by paragraphs (2) and (7), a person who discloses information to which this Article applies is guilty of an offence and liable— (a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both; or (b) on summary conviction, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both. (9) Article 27 of the Local Government (Northern Ireland) Order 2005 (NI 18) does not apply to information to which this Article applies. (10) In this Article “body” includes office. (4E) (1) Nothing in Article 4D prevents the Comptroller and Auditor General from publishing a report on a data matching exercise (including on the results of the exercise). (2) But the report may not include information relating to a particular body or person if— (a) the body or person is the subject of any data included in the data matching exercise; (b) the body or person can be identified from the information; and (c) the information is not otherwise in the public domain. (3) A report published under this Article may be published in such manner as the Comptroller and Auditor General considers appropriate for bringing it to the attention of those members of the public who may be interested. (4) This Article does not affect any powers of the Comptroller and Auditor General or a local government auditor where the data matching exercise in question forms part of an audit carried out by either of them. (4F) (1) The Comptroller and Auditor General may charge a fee to any body required under Article 4B(1) to provide data for a data matching exercise. (2) But a body whose functions are discharged on behalf of the Crown may not be charged a fee under paragraph (1) except with the consent of the Department. (3) In addition to the power under paragraph (1), the Comptroller and Auditor General may charge a fee to any other body or person providing data for or receiving the results of a data matching exercise, such fee to be payable in accordance with terms agreed between the Comptroller and Auditor General and that body or person. (4) Any fee received by the Comptroller and Auditor General by virtue of this Article is to be paid by him into the Consolidated Fund. (4G) (1) The Comptroller and Auditor General must prepare, and keep under review, a code of practice with respect to data matching exercises. (2) Regard must be had to the code in conducting and participating in any such exercise. (3) Before preparing or altering the code, the Comptroller and Auditor General must consult the bodies mentioned in Article 4B(2), the Information Commissioner and such other bodies or persons as he thinks fit. (4) The Comptroller and Auditor General must— (a) send a copy of the code, and of any alterations made to the code, to the Department and the Department must lay the copy before the Assembly; and (b) from time to time publish the code as for the time being in force. (4H) (1) The Department may by order amend Articles 4A to 4G— (a) to add any purpose mentioned in paragraph (2) to the purposes for which data matching exercises may be conducted; (b) to modify the application of those Articles in relation to a purpose so added. (2) The purposes which may be added are— (a) to assist in the prevention and detection of crime (other than fraud); (b) to assist in the apprehension and prosecution of offenders; (c) to assist in the recovery of debt owing to public bodies. (3) The Department may by order amend Articles 4A to 4G— (a) to add a public body to the list of bodies in Article 4B(2); (b) to modify the application of those Articles in relation to a body so added; (c) to remove a body from that list. (4) An order under this Article may include such incidental, consequential, supplemental or transitional provision as the Department thinks fit. (5) An order under this Article is subject to affirmative resolution. (6) In this Article “public body” means a body or person whose functions— (a) are functions of a public nature; or (b) include functions of that nature, but, in the latter case, the body or person is a public body to the extent only of those functions.

7

In Article 6 of the Audit (Northern Ireland) Order 1987 (S.I. 1987/460 (N.I.5)) (expenses and accounts of Northern Ireland Audit Office), in paragraph (5) after “examination” insert “ or in respect of data matching ”.

SCHEDULE 8

Part 1 — Abolition of confiscation functions

1

The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

2

In section 6(3)(a) (making of confiscation orders in England and Wales) omit “or the Director”.

3

In section 11(7) (time for payment of order) omit paragraph (b) and the word “or” before it.

4

In section 14(7)(b) (postponement of proceedings) omit “or the Director (as the case may be)”.

5

• (1) Section 16 (statement of information) is amended as follows.

• (2) In subsection (1) omit “or the Director (as the case may be)”.

• (3) In subsection (3) omit—

• (a) “or the Director (as the case may be)”; and

• (b) “or the Director”.

• (4) In subsection (4) omit “or Director”.

• (5) In subsection (5) omit—

• (a) “or the Director (as the case may be)”; and

• (b) “or the Director”.

• (6) In subsection (6) omit “or the Director”.

6

In section 17(1) (defendant's response to statement of information) omit “or the Director”.

7

In section 18(6) (provision of information by defendant) omit “or the Director (as the case may be)”.

8

In section 19(1)(c) (no order made: reconsideration of case) omit “or the Director”.

9

• (1) Section 20 (no order made: reconsideration of benefit) is amended as follows.

• (2) Omit subsection (3).

• (3) In subsection (4)—

• (a) omit the words from “If the court” to “to do so,”; and

• (b) in paragraph (b) omit “or the Director”.

10

In section 21(1) (order made: reconsideration of benefit), in paragraphs (b), (c) and (d), omit “or the Director”.

11

In section 22(2) (order made: reconsideration of available amount)—

• (a) omit paragraph (b); and

• (b) in paragraph (c) omit “or 52”.

12

In section 23(1)(b) (inadequacy of available amount: variation of order) omit “or 52”.

13

• (1) Section 26 (information) is amended as follows.

• (2) In subsection (1)(b) omit “or the Director”.

• (3) In subsection (2)—

• (a) in paragraph (a) omit “or the Director (as the case may be)”; and

• (b) in paragraph (b) omit “or the Director”.

14

• (1) Section 27 (defendant convicted or committed) is amended as follows.

• (2) In subsection (3)(a) omit “or the Director”.

• (3) In subsection (5)(b) omit “or the Director (as the case may be)”.

• (4) In subsection (7) omit “or the Director”.

15

• (1) Section 28 (defendant neither convicted nor acquitted) is amended as follows.

• (2) In subsection (3)(a) omit “or the Director”.

• (3) In subsection (5)(b) omit “or the Director (as the case may be)”.

16

• (1) Section 31 (appeal by prosecutor or Director) is amended as follows.

• (2) In the heading omit “or Director”.

• (3) In subsection (1) omit “or the Director”.

• (4) In subsection (2) omit “or the Director”.

17

In section 33(2) (appeal to the House of Lords)—

• (a) in paragraph (a) omit “(if the prosecutor appealed under section 31)”; and

• (b) omit paragraph (b).

18

Omit section 34 (Director as enforcement authority).

19

• (1) Section 35 (Director not appointed as enforcement authority) is amended as follows.

• (2) For the heading substitute “ Enforcement as fines ”.

• (3) In subsection (1) omit paragraph (b) and the word “and” before it.

20

Omit sections 36 and 37 (Director appointed as enforcement authority and Director's application for enforcement).

21

• (1) Section 39 (reconsideration etc: variation of prison term) is amended as follows.

• (2) In subsection (5) for “appropriate person” substitute “ prosecutor ”.

• (3) Omit subsection (6).

22

• (1) Section 40 (conditions for exercise of powers) is amended as follows.

• (2) In subsection (4)(a) omit “or the Director”.

• (3) In subsection (5)(a) omit “or the Director”.

• (4) In subsection (6)(a) omit “or the Director”.

• (5) In subsection (8)(b) omit “or the Director (as the case may be)”.

23

In section 42(2) (application, discharge and variation) omit paragraph (b).

24

Omit sections 52 and 53 (Director's receivers).

25

Omit sections 56 and 57 (Director's receivers and sums received by Director).

26

In section 58(6)(b) (restraint orders: restrictions) for “, 50 or 52” substitute “ or 50 ”.

27

Omit section 60 (Director's receivers).

28

In section 61 (protection) for “, 50 or 52” substitute “ or 50 ”.

29

In section 62(1) (further applications) for “, 50 or 52” substitute “ or 50 ”.

30

In section 63(1) (discharge and variation)—

• (a) for “to 53” substitute “ to 51 ”; and

• (b) in paragraph (b) omit the words from “or”, where it first appears, to “Director”.

31

• (1) Section 64 (management receivers: discharge) is amended as follows.

• (2) In subsection (1)(b) omit the words from “or” to “section 52”.

• (3) Omit subsection (3).

32

• (1) Section 65 (appeal to Court of Appeal) is amended as follows.

• (2) In subsection (1) omit “or section 53”.

• (3) In subsection (2) omit “or section 53”.

• (4) In subsection (5)(a) omit the words from “or”, where it first appears, to “Director”.

33

In section 67(4) (seized money) omit paragraph (c).

34

In section 69(1) (powers of court and receiver)—

• (a) in paragraph (a) for “60” substitute “ 59 ”; and

• (b) in paragraph (b) for “, 50 or 52” substitute “ or 50 ”.

35

In section 74(1) (enforcement abroad)—

• (a) in paragraph (b) omit “or the Director”; and

• (b) in paragraph (c) omit “or the Director (as the case may be)”.

36

In section 156(3)(a) (making of confiscation orders in Northern Ireland) omit “or the Director”.

37

In section 161(7) (time for payment of order) omit paragraph (b) and the word “or” before it.

38

In section 164(7)(b) (postponement of proceedings) omit “or the Director (as the case may be)”.

39

• (1) Section 166 (statement of information) is amended as follows.

• (2) In subsection (1) omit “or the Director (as the case may be)”.

• (3) In subsection (3) omit—

• (a) “or the Director (as the case may be)”; and

• (b) “or the Director”.

• (4) In subsection (4) omit “or Director”.

• (5) In subsection (5) omit—

• (a) “or the Director (as the case may be)”; and

• (b) “or the Director”.

• (6) In subsection (6) omit “or the Director”.

40

In section 167(1) (defendant's response to statement of information) omit “or the Director”.

41

In section 168(6) (provision of information by defendant) omit “or the Director (as the case may be)”.

42

In section 169(1)(c) (no order made: reconsideration of case) omit “or the Director”.

43

• (1) Section 170 (no order made: reconsideration of benefit) is amended as follows.

• (2) Omit subsection (3).

• (3) In subsection (4)—

• (a) omit the words from “If the court” to “to do so,”; and

• (b) in paragraph (b) omit “or the Director”.

44

In section 171(1) (order made: reconsideration of benefit), in paragraphs (b), (c) and (d), omit “or the Director”.

45

In section 172(2) (order made: reconsideration of available amount)—

• (a) omit paragraph (b); and

• (b) in paragraph (c) omit “or 200”.

46

In section 173(1)(b) (inadequacy of available amount: variation of order) omit “or 200”.

47

• (1) Section 176 (information) is amended as follows.

• (2) In subsection (1)(b) omit “or the Director”.

• (3) In subsection (2)—

• (a) in paragraph (a) omit “or the Director (as the case may be)”; and

• (b) in paragraph (b) omit “or the Director”.

48

• (1) Section 177 (defendant convicted or committed) is amended as follows.

• (2) In subsection (3)(a) omit “or the Director”.

• (3) In subsection (5)(b) omit “or the Director (as the case may be)”.

• (4) In subsection (7) omit “or the Director”.

49

• (1) Section 178 (defendant neither convicted nor acquitted) is amended as follows.

• (2) In subsection (3)(a) omit “or the Director”.

• (3) In subsection (5)(b) omit “or the Director (as the case may be)”.

50

• (1) Section 181 (appeal by prosecutor or Director) is amended as follows.

• (2) In the heading omit “or Director”.

• (3) In subsection (1) omit “or the Director”.

• (4) In subsection (2) omit “or the Director”.

51

In section 183(2) (appeal to the House of Lords)—

• (a) in paragraph (a) omit “(if the prosecutor appealed under section 181)”; and

• (b) omit paragraph (b).

52

Omit section 184 (Director as enforcement authority).

53

Omit section 186 (Director's application for enforcement).

54

• (1) Section 188 (reconsideration etc: variation of prison term) is amended as follows.

• (2) In subsection (5) for “appropriate person” substitute “ prosecutor ”.

• (3) Omit subsection (6).

55

• (1) Section 189 (conditions for exercise of powers) is amended as follows.

• (2) In subsection (4)(a) omit “or the Director”.

• (3) In subsection (5)(a) omit “or the Director”.

• (4) In subsection (6)(a) omit “or the Director”.

• (5) In subsection (8)(b) omit “or the Director (as the case may be)”.

56

In section 191(2) (application, discharge and variation) omit paragraph (b).

57

Omit sections 200 and 201 (Director's receivers).

58

Omit sections 204 and 205 (Director's receivers and sums received by Director).

59

In section 206(5)(b) (restraint orders) for “, 198 or 200” substitute “ or 198 ”.

60

Omit section 208 (Director's receivers).

61

In section 209 (protection) for “, 198 or 200” substitute “ or 198 ”.

62

• (1) Section 210 (further applications) is amended as follows.

• (2) In subsection (1) for “, 198 or 200” substitute “ or 198 ”.

• (3) In subsection (2)(b) omit “or 200”.

• (4) In subsection (3) omit “or 200”.

63

In section 211(1) (discharge and variation)—

• (a) for “any of sections 198 to 201” substitute “ section 198 or 199 ”; and

• (b) in paragraph (b) omit the words from “or”, where it first appears, to “Director”.

64

• (1) Section 212 (management receivers: discharge) is amended as follows.

• (2) In subsection (1)(b) omit the words from “or” to “section 200”.

• (3) Omit subsection (3).

65

• (1) Section 213 (appeal to Court of Appeal) is amended as follows.

• (2) In subsection (1) omit “or section 201”.

• (3) In subsection (2) omit “or section 201”.

• (4) In subsection (5)(a) omit the words from “or”, where it first appears, to “Director”.

66

In section 215(4) (seized money) omit paragraph (d).

67

In section 217(1) (powers of court and receiver)—

• (a) in paragraph (a) for “208” substitute “ 207 ”; and

• (b) in paragraph (b) for “, 198 or 200” substitute “ or 198 ”.

68

In section 222(1) (enforcement abroad)—

• (a) in paragraph (b) omit “or the Director”; and

• (b) in paragraph (c) omit “or the Director (as the case may be)”.

69

In section 417(2) (insolvency etc: modifications of the 1986 Act)—

• (a) in paragraph (b) omit “or 52”; and

• (b) in paragraph (d) omit “or 200”.

70

• (1) Section 418 (restriction of powers) is amended as follows.

• (2) In subsection (2)—

• (a) in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and

• (b) in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.

• (3) In subsection (3)(d) for “, 52, 198 or 200” substitute “ or 198 ”.

71

In section 419(2)(b) (tainted gifts)—

• (a) omit “52,”; and

• (b) for “, 198 or 200” substitute “ or 198 ”.

72

In section 420(2) (modifications of the 1985 Act)—

• (a) in paragraph (b) omit “or 52”; and

• (b) in paragraph (d) omit “or 200”.

73

• (1) Section 421 (restriction of powers) is amended as follows.

• (2) In subsection (2)—

• (a) in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and

• (b) in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.

• (3) In subsection (3)(d) for “, 52, 198 or 200” substitute “ or 198 ”.

74

In section 422(2)(b) (tainted gifts)—

• (a) omit “52,”; and

• (b) for “, 198 or 200” substitute “ or 198 ”.

75

In section 423(2) (modifications of the 1989 Order)—

• (a) in paragraph (b) omit “or 52”; and

• (b) in paragraph (d) omit “or 200”.

76

• (1) Section 424 (restriction of powers) is amended as follows.

• (2) In subsection (2)—

• (a) in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and

• (b) in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.

• (3) In subsection (3)(d) for “, 52, 198 or 200” substitute “ or 198 ”.

77

In section 425(2)(b) (tainted gifts)—

• (a) omit “52,”; and

• (b) for “, 198 or 200” substitute “ or 198 ”.

78

• (1) Section 426 (winding up under the 1986 Act) is amended as follows.

• (2) In subsection (2)—

• (a) in paragraph (b) omit “or 52”; and

• (b) in paragraph (d) omit “or 200”.

• (3) In subsection (5)—

• (a) in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and

• (b) in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.

79

In section 427(3)(b) (tainted gifts)—

• (a) omit “52,”; and

• (b) for “, 198 or 200” substitute “ or 198 ”.

80

• (1) Section 428 (winding up under the 1989 Order) is amended as follows.

• (2) In subsection (2)—

• (a) in paragraph (b) omit “or 52”; and

• (b) in paragraph (d) omit “or 200”.

• (3) In subsection (5)—

• (a) in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and

• (b) in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.

81

In section 429(3)(b) (tainted gifts)—

• (a) omit “52,”; and

• (b) for “, 198 or 200” substitute “ or 198 ”.

82

• (1) Section 430 (floating charges) is amended as follows.

• (2) In subsection (2)—

• (a) in paragraph (b) omit “or 52”; and

• (b) in paragraph (d) omit “or 200”.

• (3) In subsection (5)—

• (a) in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and

• (b) in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.

83

In section 432(7) (insolvency practitioners)—

• (a) in paragraph (a) for “, 55(3), 56(2) or 57(3)” substitute “ or 55(3) ”; and

• (b) in paragraph (c) for “, 203(3), 204(2) or 205(3)” substitute “ or 203(3) ”.

84

In Schedule 10 (tax), in paragraph 1—

• (a) in paragraph (a) for “, 50 or 52” substitute “ or 50 ”; and

• (b) in paragraph (c) for “, 198 or 200” substitute “ or 198 ”.

Part 2 — Transfer of civil recovery functions

85

The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

86

In section 246(7) (application for interim receiving order) for “Agency” substitute “ enforcement authority ”.

87

After section 272(6) (compensation for loss in relation to associated and joint property) insert—

(7) In subsection (5) the reference to the enforcement authority is, in the case of an enforcement authority in relation to England and Wales or Northern Ireland, a reference to the enforcement authority which obtained the property freezing order or interim receiving order concerned.

88

• (1) Section 280 (applying realised proceeds) is amended as follows.

• (2) In subsection (3)—

• (a) for “Director” substitute “ enforcement authority (unless it is the Scottish Ministers) ”; and

• (b) for “him” substitute “ it ”.

• (3) In subsection (4) for “Agency” substitute “ enforcement authority concerned ”.

89

After section 283(9) (compensation) insert—

(10) In the case of an enforcement authority in relation to England and Wales or Northern Ireland— (a) the reference in subsection (5) to the enforcement authority is a reference to the enforcement authority which obtained the property freezing order or interim receiving order concerned, and (b) the reference in subsection (8) to the enforcement authority is a reference to the enforcement authority which obtained the recovery order concerned.

90

Omit section 313 (restriction on performance of Director's functions by police).

91

• (1) Section 316 (general interpretation: Part 5) is amended as follows.

• (2) In subsection (1), in the definition of “enforcement authority”—

• (a) for paragraph (a) substitute—

(a) in relation to England and Wales, means SOCA, the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office,

; and

• (b) after paragraph (b) insert—

(c) in relation to Northern Ireland, means SOCA, the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland,

.

• (3) After subsection (8) insert—

(8A) In relation to an order in England and Wales or Northern Ireland which is a recovery order, a property freezing order, an interim receiving order or an order under section 276, references to the enforcement authority are, unless the context otherwise requires, references to the enforcement authority which is seeking, or (as the case may be) has obtained, the order.

Part 3 — Transfer or abolition of Revenue functions

92

The Proceeds of Crime Act 2002 (c. 29) is amended in accordance with paragraphs 93 to 101.

93

• (1) Section 317 (Director's general Revenue functions) is amended as follows.

• (2) In the heading for “Director's” substitute “ SOCA's ”.

• (3) In subsection (1) for “the Director” substitute “ SOCA ”.

• (4) In subsection (2) for “the Director”, in both places where it appears, substitute “ SOCA ”.

• (5) In subsection (3) for “the Director” substitute “ SOCA ”.

• (6) In subsection (4) for “The Director” substitute “ SOCA ”.

• (7) In subsection (6) for “the Director” substitute “ SOCA ”.

• (8) In subsection (7) for “the Director” substitute “ SOCA ”.

• (9) In subsection (8)(b) for “the Director” substitute “ SOCA ”.

94

• (1) Section 318 (Revenue functions regarding employment) is amended as follows.

• (2) In subsection (1)(a) for “the Director” substitute “ SOCA ”.

• (3) In subsection (2) for “the Director” substitute “ SOCA ”.