Coroners and Justice Act 2009

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General

Statutory instruments relating to the Legal Services Commission

153

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Regulation of certain agreements

Damages-based agreements relating to employment matters

154

• (1) The Courts and Legal Services Act 1990 (c. 41) is amended as follows.

• (2) After section 58A insert—

• ("58AA)

(58AA) (1) A damages-based agreement which relates to an employment matter and satisfies the conditions in subsection (4) is not unenforceable by reason only of its being a damages-based agreement. (2) But a damages-based agreement which relates to an employment matter and does not satisfy those conditions is unenforceable. (3) For the purposes of this section— (a) a damages-based agreement is an agreement between a person providing advocacy services, litigation services or claims management services and the recipient of those services which provides that— (i) the recipient is to make a payment to the person providing the services if the recipient obtains a specified financial benefit in connection with the matter in relation to which the services are provided, and (ii) the amount of that payment is to be determined by reference to the amount of the financial benefit obtained; (b) a damages-based agreement relates to an employment matter if the matter in relation to which the services are provided is a matter that is, or could become, the subject of proceedings before an employment tribunal. (4) The agreement— (a) must be in writing; (b) must not provide for a payment above a prescribed amount or for a payment above an amount calculated in a prescribed manner; (c) must comply with such other requirements as to its terms and conditions as are prescribed; and (d) must be made only after the person providing services under the agreement has provided prescribed information. (5) Regulations under subsection (4) are to be made by the Lord Chancellor and may make different provision in relation to different descriptions of agreements. (6) Before making regulations under subsection (4) the Lord Chancellor must consult— (a) the designated judges, (b) the General Council of the Bar, (c) the Law Society, and (d) such other bodies as the Lord Chancellor considers appropriate. (7) In this section— - “payment” includes a transfer of assets and any other transfer of money's worth (and the reference in subsection (4)(b) to a payment above a prescribed amount, or above an amount calculated in a prescribed manner, is to be construed accordingly); - “claims management services” has the same meaning as in Part 2 of the Compensation Act 2006 (see section 4(2) of that Act). (8) Nothing in this section applies to an agreement entered into before the coming into force of the first regulations made under subsection (4).

• (3) In section 120(4) (regulations and orders) after “58(4),” insert “ 58AA ”.

Part 7 — Criminal memoirs etc

Exploitation proceeds orders

Exploitation proceeds orders

155

• (1) A court may make an exploitation proceeds order in respect of a person if it is satisfied, on the balance of probabilities, that the person—

• (a) is a qualifying offender, and

• (b) has obtained exploitation proceeds from a relevant offence.

• (2) An exploitation proceeds order is an order which requires the respondent to pay an amount (“the recoverable amount”) in respect of exploitation proceeds obtained by the respondent from a relevant offence to the enforcement authority which applied for the order.

• (3) A person obtains exploitation proceeds from a relevant offence if the person derives a benefit from—

• (a) the exploitation of any material pertaining to the relevant offence, or

• (b) any steps taken or to be taken with a view to such exploitation.

• (4) An exploitation proceeds order must—

• (a) specify the recoverable amount, and

• (b) identify the benefits derived by the respondent in respect of which it is made.

• (5) The power conferred by subsection (1) is subject to sections 161 and 163.

• (6) If the recoverable amount required to be paid by the respondent under an exploitation proceeds order (or any part of that amount) is not paid when it is required to be paid, the respondent must pay interest at the appropriate rate on the recoverable amount (or part) for the period for which it remains unpaid.

• (7) Any sum received by an enforcement authority pursuant to an exploitation proceeds order (including any interest under subsection (6)) must be paid—

• (a) if the authority is the Scottish Ministers, into the Scottish Consolidated Fund;

• (b) in any other case, into the Consolidated Fund.

• (8) In this section—

• “appropriate rate” means—in the case of an exploitation proceeds order made by the High Court, the rate for the time being specified in section 17 of the Judgments Act 1838 (c. 110) (interest on civil judgment debts), orin the case of an exploitation proceeds order made by the Court of Session, the rate payable under a decree of the Court of Session;

• “court” means—in relation to England and Wales, the High Court in England and Wales;in relation to Scotland, the Court of Session;in relation to Northern Ireland, the High Court in Northern Ireland;

• “the respondent”, in relation to an exploitation proceeds order or an application for such an order, means the person against whom the order is made or sought.

Qualifying offenders

156

• (1) In this Part “qualifying offender” means a person who is within subsection (2) or (3) (or both).

• (2) A person is within this subsection if (whether before or after the commencement of this Part) the person—

• (a) has been convicted by a court in the United Kingdom of an offence,

• (b) has been found not guilty by such a court of an offence by reason of insanity, or

• (ba) has been acquitted by such a court of an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995 (c.46), or

• (c) has been found by such a court to be under a disability and to have done the act charged in respect of an offence.

• (3) A person is within this subsection if—

• (a) under the law in force in a country outside the United Kingdom (and whether before or after the commencement of this Part)—

• (i) the person has been convicted of a foreign offence,

• (ii) a court exercising jurisdiction under that law has made, in respect of a foreign offence, a finding equivalent to a finding that the person was not guilty by reason of insanity, or

• (iia) such a court has made, in respect of a foreign offence, a finding equivalent to a finding of the person's acquittal by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995, or

• (iii) such a court has made, in respect of a foreign offence, a finding equivalent to a finding that the person was under a disability and did the act charged in respect of the offence, and

• (b) the person—

• (i) is a United Kingdom national,

• (ii) is resident in the United Kingdom, or

• (iii) was resident in the United Kingdom at the time the act which constituted the offence was done.

• (4) In subsection (3)—

• “foreign offence” means an act which—constituted an offence under the law in force in the country concerned,at the time it was done, would have constituted an offence if it had been done in any part of the United Kingdom, andwould constitute an offence if it were done in any part of the United Kingdom at the time the application for an exploitation proceeds order is made in respect of it;

• “United Kingdom national” means an individual who is—a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,a person who under the British Nationality Act 1981 (c. 61) is a British subject, ora British protected person within the meaning of that Act.

• (5) For the purposes of subsection (4), conduct punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law however it is described in that law.

• (6) In this section a reference to the doing of an act includes a reference to a failure to act.

Qualifying offenders: service offences

157

• (1) In subsection (2) of section 156—

• (a) a reference to a person who has been convicted by a court in the United Kingdom of an offence includes a reference to a person who has been convicted of a UK service offence;

• (b) a reference to a finding by a court in the United Kingdom in relation to an offence includes a reference to a finding by a UK service court (wherever situated) in relation to a UK service offence.

• (2) In subsection (3) of that section—

• (a) a reference to a foreign offence includes a foreign service offence;

• (b) a reference to a person who has been convicted of a foreign offence includes a reference to a person who has been found guilty of a foreign service offence in respect of any act done which was the subject of proceedings under the service law of a country outside the United Kingdom;

• (c) a reference to a finding of a court exercising jurisdiction under the law in force in a country outside the United Kingdom includes a reference to a finding of—

• (i) a court established under the service law of that country, or

• (ii) an authority of the country who under the law of the country is empowered to review the proceedings of such a court or to try or investigate charges brought against persons subject to the service law of that country.

• (3) For the purposes of subsection (1) the reference to a person who has been convicted of a UK service offence includes a person in respect of whom there has been—

• (a) under the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), the recording of a finding that a charge in respect of the offence has been proved;

• (b) under the Naval Discipline Act 1957 (c. 53), a determination that a charge in respect of the offence has been proved, and the recording of a finding of guilt;

• (c) under the Armed Forces Act 2006 (c. 52), the recording of a finding that a charge in respect of the offence has been proved;

• (d) a substitution, by the Summary Appeal Court established under any of the Acts mentioned in paragraphs (a) to (c), of a finding that a charge in respect of the offence has been proved;

• (e) a substitution by the Courts-Martial Appeal Court or the Court Martial Appeal Court of a finding of guilty of the offence.

• (4) In this section—

• “foreign service offence” means an act which—was the subject of proceedings under the service law of a country outside the United Kingdom,at the time it was done, would have constituted an offence, or a UK service offence, if it had been done in any part of the United Kingdom by a member of Her Majesty's forces, andwould constitute an offence or a UK service offence if it were done in any part of the United Kingdom by a member of Her Majesty's forces at the time the application for an exploitation proceeds order is made in respect of it;

• “Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006;

• “service law”, in relation to a country outside the United Kingdom, means the law governing all or any of the naval, military or air forces of that country;

• “UK service offence” means an offence triable by a UK service court;

and a reference to the doing of an act includes a reference to a failure to act.

Qualifying offenders: supplementary

158

• (1) In section 7 of the Rehabilitation of Offenders Act 1974 (c. 53) (limitations on rehabilitation under the 1974 Act, etc), in subsection (2), at the end add “or

(h) in any proceedings brought under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc).

• (2) In Article 8 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27)) (limitations on rehabilitation under the 1978 Order etc), in paragraph (2), at the end add “or

(g) in any proceedings brought under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc).

• (3) For the purposes of this Part, the following provisions do not apply to a conviction for an offence in respect of which an order for an absolute or conditional discharge is made—

• (a) section 82(2) of the Sentencing Code (conviction with absolute or conditional discharge deemed not to be a conviction);

• (b) Article 6(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (conviction with absolute or conditional discharge deemed not to be a conviction);

• (c) section 247(1) and (2) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (effect of probation and absolute discharge);

• (d) section 187(1) of the Armed Forces Act 2006 (c. 52) (conviction with absolute or conditional discharge deemed not to be a conviction);

• (e) paragraph 5(1) of Schedule 5A to the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or Schedule 4A to the Naval Discipline Act 1957 (c. 53) (conviction with absolute or conditional discharge or community suspension order deemed not to be a conviction).

Relevant offences

159

• (1) In this Part “relevant offence”, in relation to a person (“P”), means—

• (a) a serious offence by reason of which P is a qualifying offender,

• (b) a serious offence which was taken into consideration by a court in determining the sentence imposed on P for an offence by reason of which P is a qualifying offender, or

• (c) a serious offence committed by another person which is associated with—

• (i) an offence by reason of which P is a qualifying offender, or

• (ii) an offence which was taken into consideration by a court in determining the sentence imposed on P for such an offence.

• (2) For this purpose an offence is “serious” if—

• (a) in the case of an offence under the law of England and Wales, it is an offence which, if committed by an adult, is triable only on indictment,

• (b) in the case of an offence under the law of Scotland, it is an offence triable only on indictment,

• (c) in the case of an offence under the law of Northern Ireland, it is an offence which, if committed by an adult, is triable only on indictment,

• (d) in the case of a foreign offence, the act constituting the offence—

• (i) at the time it was done, would have constituted an offence within paragraph (a), (b) or (c) if it had been done in any part of the United Kingdom, and

• (ii) would also constitute such an offence if it were done in any part of the United Kingdom at the time the application for an exploitation proceeds order is made in respect of it.

• (3) Two offences are associated with one another if—

• (a) they were committed in the context of the same joint criminal venture, or

• (b) subsection (4) applies.

• (4) This subsection applies if one of the offences is—

• (a) an offence of inciting the commission of the other offence;

• (b) an offence of conspiring to commit the other offence;

• (c) an offence under section 44, 45 or 46 of the Serious Crime Act 2007 (c. 27) (offences relating to encouraging or assisting an offence) in relation to the other offence;

• (d) an offence of soliciting (however expressed) the commission of the other offence;

• (e) an offence under section 4 of the Criminal Law Act 1967 (c. 58) (assisting the evasion of arrest and concealment) in relation to the other offence;

• (f) an offence of perverting the course of justice in connection with the other offence;

• (g) an offence under section 51 of the Criminal Justice and Public Order Act 1994 (c. 33) (intimidation of witnesses and jurors etc) in connection with the other offence.

• (5) In subsection (1)—

• (a) a reference to an offence includes a reference to a UK service offence and a foreign service offence, and

• (b) the reference to a court includes a reference to a UK service court or a court or authority of the kind mentioned in section 157(2)(c)(i) or (ii).

• (6) Subsection (2) does not apply in relation to a UK service offence or a foreign service offence, and for the purposes of subsection (1) such an offence is “serious” if—

• (a) in the case of a UK service offence—

• (i) the act constituting the offence is a serious offence within subsection (2)(a),

• (ii) the act constituting the offence, if done in England and Wales, would be a serious offence within subsection (2)(a), or

• (iii) the offence is within subsection (7);

• (b) in the case of a foreign service offence, the act constituting the offence—

• (i) at the time it was done, would have constituted a serious offence within subsection (2) or an offence within subsection (7) if it had been done in any part of the United Kingdom by a member of Her Majesty's forces, and

• (ii) would also constitute such an offence if it were done in any part of the United Kingdom by a member of Her Majesty's forces at the time the application for an exploitation proceeds order is made in respect of it.

• (7) An offence is within this subsection if it is an offence under—

• (a) section 24(1) of the AA 1955 or of the AFA 1955, section 2(1) of the NDA 1957 or section 2(1) of the AFA 2006 (misconduct on operations),

• (b) section 25 of the AA 1955 or of the AFA 1955, section 3 of the NDA 1957 or section 1 of the AFA 2006 (assisting an enemy),

• (c) section 26(1) of the AA 1955 or of the AFA 1955, section 4(1) of the NDA 1957 or section 3 of the AFA 2006 (obstructing operations),

• (d) section 30(a) or (b) of the AA 1955 or of the AFA 1955, section 5(a) or (b) of the NDA 1957 or section 4(1) or (2) of the AFA 2006 (looting),

• (e) section 31 of the AA 1955 or of the AFA 1955, section 9 of the NDA 1957 or section 6 of the AFA 2006 (mutiny), or

• (f) section 32 of the AA 1955 or of the AFA 1955, section 10 of the NDA 1957 or section 7 of the AFA 2006 (failure to suppress mutiny).

• (8) In subsection (4), the offences listed in paragraphs (a) to (g) include—

• (a) any corresponding offence triable by a court exercising jurisdiction in a country outside the United Kingdom,

• (b) the corresponding offences triable by a UK service court, and

• (c) any corresponding offence triable by any court or authority of the kind mentioned in section 157(2)(c)(i) or (ii).

• (9) In this section—

• “AA 1955” means the Army Act 1955 (3 & 4 Eliz. 2 c. 18);

• “act” includes a failure to act (and references to the doing of an act are to be read accordingly);

• “AFA 1955” means the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19);

• “AFA 2006” means the Armed Forces Act 2006 (c. 52);

• “foreign offence” has the same meaning as in section 156;

• “foreign service offence”, “Her Majesty's services” and “UK service offence” have the same meaning as in section 157;

• “NDA 1957” means the Naval Discipline Act 1957 (c. 53).

Deriving a benefit

160

• (1) This section applies for the purposes of section 155(3).

• (2) The exploitation may be by any means, including—

• (a) the publication of any material in written or electronic form;

• (b) the use of any media from which visual images, words or sounds can be produced;

• (c) live entertainment, representation or interview.

• (3) A person (“A”) is to be regarded as having derived a benefit if A secures the benefit for another person (“B”) (whether or not A had any legal right to ensure the benefit was so secured or B had any legal entitlement to the benefit).

• (4) It does not matter whether the benefit is derived, or whether the exploitation (or any step taken or to be taken with a view to exploitation) takes place,—

• (a) within or outside the United Kingdom, or

• (b) before or after the person who committed the relevant offence is convicted of that offence.

• (5) But—

• (a) the benefit must be derived after the coming into force of section 155, and

• (b) where the relevant offence is an offence within section 159(1)(c), the associated offence committed by the respondent must have been committed before the benefit was derived.

• (6) In subsection (4)(b), the reference to conviction of the relevant offence includes a reference to a finding mentioned in section 156(2)(b) or (c) or (3)(a)(ii) or (iii) or 157(2)(b) or (3) in relation to the offence.

Applications

161

• (1) A court may not make an exploitation proceeds order except on the application of an enforcement authority.

• (2) “Enforcement authority” means—

• (a) in relation to an application to the High Court in England and Wales or to the High Court in Northern Ireland—

• (i) the National Crime Agency, or

• (ii) a person prescribed or of a description prescribed by order made by the Secretary of State;

• (b) in relation to an application to the Court of Session, the Scottish Ministers.

• (3) An enforcement authority (other than the Scottish Ministers) may make such an application only with the consent of—

• (a) in the case of an application to the High Court in England and Wales, the Attorney General;

• (b) in the case of an application to the High Court in Northern Ireland, the Advocate General for Northern Ireland.

• (4) The Secretary of State may by order make such modifications of any provision made by or under Part 8 of the Proceeds of Crime Act 2002 (c. 29) or any other enactment (whenever passed or made) as the Secretary of State considers appropriate in consequence of provision made by an order under subsection (2)(a)(ii).

• (5) In subsection (4) “modification” includes an amendment, addition, revocation or repeal.

• (6) In the application of this section to Northern Ireland, in subsections (2)(a)(ii) and (4) references to the Secretary of State are to be read as references to the Department of Justice in Northern Ireland.

Exercise of power to make orders

Determination of applications

162

• (1) This section applies where the court to which an application for an exploitation proceeds order is made is satisfied as mentioned in section 155(1).

• (2) When determining whether to make an exploitation proceeds order in respect of any benefit, or the recoverable amount to be specified in such an order, the court—

• (a) must take account of the matters mentioned in subsection (3), and

• (b) may take account of such other matters as it considers relevant.

• (3) Those matters are—

• (a) the nature and purpose of the exploitation from which (or intended exploitation in connection with which) the respondent derived the benefit;

• (b) the degree to which the relevant material was (or was intended to be) integral to the activity or product and whether it was (or was intended to be) of central importance to the activity or product;

• (c) the extent to which the carrying out of the activity or supplying of the product is in the public interest;

• (d) the social, cultural or educational value of the activity or product;

• (e) the seriousness of the relevant offence to which the activity or product relates;

• (f) the extent to which any victim of the offence or the family of the victim is offended by the respondent obtaining exploitation proceeds from the relevant offence.

• (4) In subsection (3) references to “activity” or “product” are to the activity or product which constituted (or was intended to constitute) the exploitation from which, or in connection with which, the respondent derived the benefit.

• (5) “Relevant material” means the material—

• (a) which pertains to the relevant offence in relation to the respondent, and

• (b) by reason of the exploitation of which (or steps taken or to be taken with a view to the exploitation of which) the respondent has derived the benefit.

Limits on recoverable amount

163

• (1) The recoverable amount specified in an order must not exceed whichever is the lesser of—

• (a) the total value of the benefits identified in the order under section 155(4)(b), and

• (b) the available amount.

• (2) The recoverable amount may be a nominal amount.

• (3) The benefits identified in the order—

• (a) may include any benefit derived by the respondent up to the time the court makes its determination;

• (b) must not include any benefit identified in a previous exploitation proceeds order made against the respondent;

• (c) must not include any benefit in respect of which an enforcement authority has no cause of action under this Part by virtue of section 27C of the Limitation Act 1980 (c. 58), Article 72C of the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) or section 19D of the Prescription and Limitation (Scotland) Act 1973 (c. 52) (limitation period for exploitation proceeds orders).

• (4) The value of a benefit in kind derived by a person is the amount which, at the time that benefit was received, it would have cost that person to obtain the benefit in the open market less the total value of any consideration for that benefit provided by that person or, where that benefit was secured for another person, by that other person.

• (5) If a benefit in kind cannot be obtained in the open market, the court is to determine a value to attribute to that benefit that is just and reasonable, taking into account any similar benefits available in the open market.

• (6) Where a benefit derives only partly from the matters mentioned in section 155(3)(a) or (b), the value of the benefit derived from those matters is such proportion of the value of the benefit as the court considers it is just and reasonable to regard as attributable to those matters.

• (7) In this section “the court” means the court making the exploitation proceeds order.

The available amount

164

• (1) The available amount is the total of—

• (a) the value of the respondent's relevant assets,

• (b) to the extent that any benefits identified in the order are benefits secured for a person other than the respondent, the value of those benefits, and

• (c) the value (at the time the exploitation proceeds order is made) of such relevant gifts (if any) as the court considering making the exploitation proceeds order considers it just and reasonable to take account of in determining the available amount.

• (2) The value of the respondent's relevant assets is the total of the values (at the time the exploitation proceeds order is made) of all the free property then held by the respondent, reduced by the total amount payable in pursuance of obligations which then have priority.

• (3) Property is free unless an order or notice (as the case may be) is in force in respect of it under any of these provisions—

• (a) section 27 of the Misuse of Drugs Act 1971 (c. 38) (forfeiture orders);

• (b) Article 11 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (deprivation orders);

• (c) Part 2 of the Proceeds of Crime (Scotland) Act 1995 (c. 43) (forfeiture of property used in crime);

• (d) section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) or Chapter 4 of Part 7 of the Sentencing Code (deprivation orders);

• (e) section 23, 23A or 111 of the Terrorism Act 2000 (c. 11) (forfeiture orders);

• (f) section 245A, 246, 255A, 256, 266, 295(2) or 298(2) of the Proceeds of Crime Act 2002 (c. 29) (freezing, interim receiving, prohibitory, interim administration, recovery, detention and forfeiture orders);

• (g) section 297A of the Proceeds of Crime Act 2002 (c. 29) (forfeiture notices).

• (4) An obligation has priority if it is an obligation of the respondent—

• (a) to pay an amount due in respect of a fine or other order of a court which was imposed or made on conviction of an offence and at any time before the time the exploitation proceeds order is made, or

• (b) to pay a sum which would be included among the preferential debts (or preferred debts) if the respondent's bankruptcy (or sequestration) had commenced on the date of the exploitation proceeds order or the respondent's winding up had been ordered on that date.

• (5) If the respondent transfers property to another person for a consideration the value of which is significantly less than the value of the property at the time of the transfer, the respondent is to be treated as making a gift of the difference in value between the value of the property transferred and the consideration given in respect of it.

• (6) In this section—

• “preferential debts” has the meaning given by section 386 of the Insolvency Act 1986 (c. 45);

• “preferred debts” has the meaning given by section 129(2) of the Bankruptcy (Scotland) Act 2016;

• “relevant gift”, in relation to an exploitation proceeds order, means a gift made by the respondent on or after the day on which the respondent first derived any of the benefits identified in the order under section 155(4)(b).

Property

165

• (1) This section applies for the purposes of this Part.

• (2) Property is all property wherever situated and includes—

• (a) money;

• (b) all forms of real, corporeal or personal property;

• (c) things in action and other intangible or incorporeal property.

• (3) The following rules apply in relation to property—

• (a) property is held by a person if the person holds an interest in it;

• (b) property is transferred by one person to another if the first one transfers or grants an interest in it to the second;

• (c) references to property held by a person include references to property vested in the person's trustee in bankruptcy, trustee or interim trustee in a sequestration of the person’s estate under the Bankruptcy (Scotland) Act 2016 or liquidator;

• (d) references to an interest, in relation to land in England and Wales or Northern Ireland, are to any legal estate or equitable interest or power;

• (e) references to an interest, in relation to land in Scotland, are to any interest, servitude or other right in or over land, including a heritable security;

• (f) references to an interest, in relation to property other than land, include references to a right (including a right in possession).

• (4) Where property is held jointly the court considering making the exploitation proceeds order must determine such value as it considers just and reasonable to attribute to the person's interest in that property for the purposes of section 164.

Additional powers

Effect of conviction being quashed etc

166

• (1) Where an exploitation proceeds order has been made in respect of exploitation proceeds obtained by the respondent from a relevant offence, the order ceases to have effect if—

• (a) the relevant offence is within paragraph (a) of section 159(1) and the respondent's conviction for it is subsequently quashed, or

• (b) the relevant offence is within paragraph (b) or (c) of that section and the respondent's conviction for the offence (or, if more than one, all of the offences) by virtue of which the relevant offence is within either of those paragraphs is (or are) subsequently quashed.

• (2) Where an exploitation proceeds order has been made in respect of exploitation proceeds obtained by the respondent from 2 or more relevant offences, the order ceases to have effect if paragraph (a) or (b) of subsection (1) applies in relation to each of those offences.

• (3) Where an exploitation proceeds order ceases to have effect under subsection (1) or (2), the court must, on the application of the respondent (or the respondent's personal representative), order the Secretary of State to repay to the respondent (or the personal representative) the recovered amount.

• (4) Subsection (5) applies where an exploitation proceeds order has been made if—

• (a) where the order was made in respect of exploitation proceeds obtained by the respondent from 2 or more relevant offences, paragraph (a) or (b) of subsection (1) applies in relation to one or more, but not all, of those offences, or

• (b) where the order was made in respect of exploitation proceeds obtained by the respondent from a relevant offence within section 159(1)(c) (whether alone or together with other relevant offences), another person has been convicted of that offence and that conviction is subsequently quashed.

• (5) On the application of the respondent (or the respondent's personal representative), the court may—

• (a) determine that the exploitation proceeds order is to cease to have effect, or

• (b) reduce the recoverable amount by such amount (if any) as it considers just and reasonable.

• (6) Where the exploitation proceeds order ceases to have effect under subsection (5)(a), the court must order the Secretary of State to repay to the respondent (or the respondent's personal representative) the recovered amount.

• (7) Where the court reduces the recoverable amount under subsection (5)(b), if the recovered amount exceeds the reduced recoverable amount, the court must order the Secretary of State to repay to the respondent (or the respondent's personal representative) that excess.

• (8) An order under subsection (3), (6) or (7) for the repayment of a sum must also order the Secretary of State to pay to the recipient interest on that sum, at a rate determined by the court, for the period which—

• (a) begins with the day on which the respondent made the payment in accordance with the exploitation proceeds order, and

• (b) ends with the day before the day on which that sum is repaid to the respondent or the respondent's personal representative.

• (9) In the case of an exploitation proceeds order made on the application of the Scottish Ministers—

• (a) references in this section to the Secretary of State are to be read as references to the Scottish Ministers, and

• (b) the reference in subsection (8) to a rate determined by the court is to read as a reference to a rate set by rules of court.

• (9A) In the case of an exploitation proceeds order made in Northern Ireland on the application of an enforcement authority other than the National Crime Agency, references in this section to the Secretary of State are to be read as references to the Department of Justice in Northern Ireland.

• (10) In this section—

• (a) any reference to a conviction for an offence includes a reference to a finding, in relation to the offence, of the kind mentioned in section 156(2)(b) or (c) or (3)(a)(ii) or (iii) or section 157(2)(b) or (3), and

• (b) any reference to a conviction for an offence being quashed includes a reference to—

• (i) the reversal or setting aside of a conviction;

• (ii) the substitution of a verdict of acquittal in relation to a finding of the kind mentioned in section 156(2)(b) or (c);

• (iii) a finding of the kind mentioned in section 156(3)(a)(ii) or (iii) being quashed;

• (iv) a finding of the kind mentioned in section 157(2)(b) or (3) being quashed, set aside, reversed or replaced with a verdict of acquittal.

• (11) In this section—

• “the court” means the court which made the exploitation proceeds order;

• “personal representative” means—in relation to England and Wales, a person who is a personal representative within the meaning of section 55(1) of the Administration of Estates Act 1925 (c. 23),in relation to Scotland, an executor confirmed to the estate of the respondent,in relation to Northern Ireland, a person who is one of the personal representatives within the meaning of the Administration of Estates Act (Northern Ireland) 1955 (c. 24), orany person having, in relation to the respondent, under the law of another country any functions corresponding to the functions of a person falling within paragraph (a), (b) or (c);

• “the recovered amount”, in relation to an exploitation proceeds order, means the amount (if any) paid by the respondent to an enforcement authority in accordance with the order, reduced by any amount already repaid under subsection (7) and disregarding any interest paid under section 155(6).

Powers of court on repeat applications

167

• (1) This section applies if—

• (a) a court makes an exploitation proceeds order (“the earlier order”) in respect of a person, and

• (b) an application (“the later application”) is then made to the court for another exploitation proceeds order in respect of the same person.

• (2) The court may, for the purposes of the later application, adopt any finding of fact made by the court in connection with the earlier order.

• (3) Subsection (4) applies where, on the later application, the court is satisfied as mentioned in section 155(1).

• (4) If, or to the extent that, the earlier order was in respect of benefits derived from the same source as the benefits to which the later application relates, the court must when making a determination under section 162 in relation to the later application, have regard to any determination made by it under that section in connection with the earlier order.

• (5) For the purposes of subsection (4) benefits are from the same source if they consist of benefits derived by the respondent from (or from steps taken or to be taken with a view to) the same exploitation of material related to the same relevant offence.

Additional proceeds reporting orders

168

• (1) A court making an exploitation proceeds order may also make an additional proceeds reporting order in respect of the respondent.

• (2) But it may do so only if it is satisfied that the likelihood of the respondent obtaining further exploitation proceeds from a relevant offence is sufficiently high to justify the making of an additional proceeds reporting order.

• (3) An additional proceeds reporting order—

• (a) comes into force when it is made, and

• (b) has effect for the period specified in the order, beginning with the date on which it is made.

• (4) The period specified under subsection (3) must not exceed 20 years.

• (5) Sections 79, 80(1) and (2) and 81 of the Serious Organised Crime and Police Act 2005 (c. 15) apply in relation to an additional proceeds reporting order under this section as they apply in relation to a financial reporting order under section 76, 77 or 78 of that Act.

• (6) The person to whom reports are made under an additional proceeds reporting order may disclose a report to an enforcement authority for the purposes of—

• (a) an exploitation proceeds investigation (within the meaning of section 341(5) of the Proceeds of Crime Act 2002 (c. 29)), or

• (b) the making or pursuing of an application for, or the enforcement of, an exploitation proceeds order or an additional proceeds reporting order.

Investigations

Exploitation proceeds investigations

169

Part 8 of the Proceeds of Crime Act 2002 (c. 29) (investigations) is amended in accordance with Schedule 19.

Functions of Serious Organised Crime Agency

170

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

Limitation

Limitation

171

• (1) After section 27B of the Limitation Act 1980 (c. 58) insert—

(27C) (1) None of the time limits given in the preceding provisions of this Act applies to proceedings under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) for an exploitation proceeds order. (2) Proceedings under that Part for such an order are not to be brought after the expiration of 6 years from the date on which the enforcement authority's cause of action accrued. (3) Proceedings under that Part for such an order are brought when an application is made for the order. (4) Where exploitation proceeds have been obtained by a person from a relevant offence, an enforcement authority's cause of action under that Part in respect of those proceeds accrues when the enforcement authority has actual knowledge that the proceeds have been obtained. (5) Expressions used in this section and that Part have the same meaning in this section as in that Part.

• (2) After Article 72B of the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) insert—

(72C) (1) None of the time limits given in the preceding provisions of this Order applies to proceedings under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) for an exploitation proceeds order. (2) Proceedings under that Part for such an order are not to be brought after the expiration of 6 years from the date on which the enforcement authority's cause of action accrued. (3) Proceedings under that Part for such an order are brought when an application is made for the order. (4) Where exploitation proceeds have been obtained by a person from a relevant offence, an enforcement authority's cause of action under that Part in respect of those proceeds accrues when the enforcement authority has actual knowledge that the proceeds have been obtained. (5) Expressions used in this Article and that Part have the same meaning in this Article as in that Part.

• (3) After section 19C of the Prescription and Limitation (Scotland) Act 1973 (c. 52) insert—

(19D) (1) None of the time limits given in the preceding provisions of this Act applies to proceedings under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) for an exploitation proceeds order. (2) Proceedings under that Part for such an order are not to be brought after the expiration of 5 years from the date on which the enforcement authority's right of action accrued. (3) Proceedings under that Part for such an order are brought when an application is made for the order. (4) Where exploitation proceeds have been obtained by a person from a relevant offence, an enforcement authority's right of action under that Part in respect of those proceeds accrues when the enforcement authority has actual knowledge that the proceeds have been obtained. (5) Expressions used in this section and that Part have the same meaning in this section as in that Part.

Interpretation

Interpretation of this Part

172

In this Part—

• “benefit” means a direct or indirect benefit of any nature (pecuniary or non-pecuniary);

• “enactment” includes an enactment contained in, or an instrument made under, Northern Ireland legislation;

• “enforcement authority” has the meaning given by section 161(2);

• “material” means any information, opinion, image or other thing;

• “qualifying offender” has the meaning given by section 156;

• “recoverable amount” has the meaning given by section 155;

• “relevant offence” has the meaning given by section 159;

• “the respondent” has the meaning given by section 155;

• “UK service court” means—a court-martial constituted under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53) or the Court Martial established by the Armed Forces Act 2006 (c. 52);a Standing Civilian Court established under the Armed Forces Act 1976 (c. 52) or the Service Civilian Court established by the Armed Forces Act 2006;the Courts-Martial Appeal Court or the Court Martial Appeal Court.

Part 8 — Data Protection Act 1998

Assessment notices

173

After section 41 of the Data Protection Act 1998 (c. 29) insert—

(41A) (1) The Commissioner may serve a data controller within subsection (2) with a notice (in this Act referred to as an “assessment notice”) for the purpose of enabling the Commissioner to determine whether the data controller has complied or is complying with the data protection principles. (2) A data controller is within this subsection if the data controller is— (a) a government department, (b) a public authority designated for the purposes of this section by an order made by the Secretary of State, or (c) a person of a description designated for the purposes of this section by such an order. (3) An assessment notice is a notice which requires the data controller to do all or any of the following— (a) permit the Commissioner to enter any specified premises; (b) direct the Commissioner to any documents on the premises that are of a specified description; (c) assist the Commissioner to view any information of a specified description that is capable of being viewed using equipment on the premises; (d) comply with any request from the Commissioner for— (i) a copy of any of the documents to which the Commissioner is directed; (ii) a copy (in such form as may be requested) of any of the information which the Commissioner is assisted to view; (e) direct the Commissioner to any equipment or other material on the premises which is of a specified description; (f) permit the Commissioner to inspect or examine any of the documents, information, equipment or material to which the Commissioner is directed or which the Commissioner is assisted to view; (g) permit the Commissioner to observe the processing of any personal data that takes place on the premises; (h) make available for interview by the Commissioner a specified number of persons of a specified description who process personal data on behalf of the data controller (or such number as are willing to be interviewed). (4) In subsection (3) references to the Commissioner include references to the Commissioner's officers and staff. (5) An assessment notice must, in relation to each requirement imposed by the notice, specify— (a) the time at which the requirement is to be complied with, or (b) the period during which the requirement is to be complied with. (6) An assessment notice must also contain particulars of the rights of appeal conferred by section 48. (7) The Commissioner may cancel an assessment notice by written notice to the data controller on whom it was served. (8) Where a public authority has been designated by an order under subsection (2)(b) the Secretary of State must reconsider, at intervals of no greater than 5 years, whether it continues to be appropriate for the authority to be designated. (9) The Secretary of State may not make an order under subsection (2)(c) which designates a description of persons unless— (a) the Commissioner has made a recommendation that the description be designated, and (b) the Secretary of State has consulted— (i) such persons as appear to the Secretary of State to represent the interests of those that meet the description; (ii) such other persons as the Secretary of State considers appropriate. (10) The Secretary of State may not make an order under subsection (2)(c), and the Commissioner may not make a recommendation under subsection (9)(a), unless the Secretary of State or (as the case may be) the Commissioner is satisfied that it is necessary for the description of persons in question to be designated having regard to— (a) the nature and quantity of data under the control of such persons, and (b) any damage or distress which may be caused by a contravention by such persons of the data protection principles. (11) Where a description of persons has been designated by an order under subsection (2)(c) the Secretary of State must reconsider, at intervals of no greater than 5 years, whether it continues to be necessary for the description to be designated having regard to the matters mentioned in subsection (10). (12) In this section— - “public authority” includes any body, office-holder or other person in respect of which— 1. an order may be made under section 4 or 5 of the Freedom of Information Act 2000, or 2. an order may be made under section 4 or 5 of the Freedom of Information (Scotland) Act 2002; - “specified” means specified in an assessment notice. (41B) (1) A time specified in an assessment notice under section 41A(5) in relation to a requirement must not fall, and a period so specified must not begin, before the end of the period within which an appeal can be brought against the notice, and if such an appeal is brought the requirement need not be complied with pending the determination or withdrawal of the appeal. (2) If by reason of special circumstances the Commissioner considers that it is necessary for the data controller to comply with a requirement in an assessment notice as a matter of urgency, the Commissioner may include in the notice a statement to that effect and a statement of the reasons for that conclusion; and in that event subsection (1) applies in relation to the requirement as if for the words from “within” to the end there were substituted “ of 7 days beginning with the day on which the notice is served ”. (3) A requirement imposed by an assessment notice does not have effect in so far as compliance with it would result in the disclosure of— (a) any communication between a professional legal adviser and the adviser's client in connection with the giving of legal advice with respect to the client's obligations, liabilities or rights under this Act, or (b) any communication between a professional legal adviser and the adviser's client, or between such an adviser or the adviser's client and any other person, made in connection with or in contemplation of proceedings under or arising out of this Act (including proceedings before the Tribunal) and for the purposes of such proceedings. (4) In subsection (3) references to the client of a professional legal adviser include references to any person representing such a client. (5) Nothing in section 41A authorises the Commissioner to serve an assessment notice on— (a) a judge, (b) a body specified in section 23(3) of the Freedom of Information Act 2000 (bodies dealing with security matters), or (c) the Office for Standards in Education, Children's Services and Skills in so far as it is a data controller in respect of information processed for the purposes of functions exercisable by Her Majesty's Chief Inspector of Eduction, Children's Services and Skills by virtue of section 5(1)(a) of the Care Standards Act 2000. (6) In this section “judge” includes — (a) a justice of the peace (or, in Northern Ireland, a lay magistrate), (b) a member of a tribunal, and (c) a clerk or other officer entitled to exercise the jurisdiction of a court or tribunal; and in this subsection “tribunal” means any tribunal in which legal proceedings may be brought. (41C) (1) The Commissioner must prepare and issue a code of practice as to the manner in which the Commissioner's functions under and in connection with section 41A are to be exercised. (2) The code must in particular— (a) specify factors to be considered in determining whether to serve an assessment notice on a data controller; (b) specify descriptions of documents and information that— (i) are not to be examined or inspected in pursuance of an assessment notice, or (ii) are to be so examined or inspected only by persons of a description specified in the code; (c) deal with the nature of inspections and examinations carried out in pursuance of an assessment notice; (d) deal with the nature of interviews carried out in pursuance of an assessment notice; (e) deal with the preparation, issuing and publication by the Commissioner of assessment reports in respect of data controllers that have been served with assessment notices. (3) The provisions of the code made by virtue of subsection (2)(b) must, in particular, include provisions that relate to— (a) documents and information concerning an individual's physical or mental health; (b) documents and information concerning the provision of social care for an individual. (4) An assessment report is a report which contains— (a) a determination as to whether a data controller has complied or is complying with the data protection principles, (b) recommendations as to any steps which the data controller ought to take, or refrain from taking, to ensure compliance with any of those principles, and (c) such other matters as are specified in the code. (5) The Commissioner may alter or replace the code. (6) If the code is altered or replaced, the Commissioner must issue the altered or replacement code. (7) The Commissioner may not issue the code (or an altered or replacement code) without the approval of the Secretary of State. (8) The Commissioner must arrange for the publication of the code (and any altered or replacement code) issued under this section in such form and manner as the Commissioner considers appropriate. (9) In this section “social care” has the same meaning as in Part 1 of the Health and Social Care Act 2008 (see section 9(3) of that Act).

Data-sharing code of practice

174

• (1) After section 52 of the Data Protection Act 1998 (c. 29) insert—

(52A) (1) The Commissioner must prepare a code of practice which contains— (a) practical guidance in relation to the sharing of personal data in accordance with the requirements of this Act, and (b) such other guidance as the Commissioner considers appropriate to promote good practice in the sharing of personal data. (2) For this purpose “good practice” means such practice in the sharing of personal data as appears to the Commissioner to be desirable having regard to the interests of data subjects and others, and includes (but is not limited to) compliance with the requirements of this Act. (3) Before a code is prepared under this section, the Commissioner must consult such of the following as the Commissioner considers appropriate— (a) trade associations (within the meaning of section 51); (b) data subjects; (c) persons who appear to the Commissioner to represent the interests of data subjects. (4) In this section a reference to the sharing of personal data is to the disclosure of the data by transmission, dissemination or otherwise making it available. (52B) (1) When a code is prepared under section 52A, it must be submitted to the Secretary of State for approval. (2) Approval may be withheld only if it appears to the Secretary of State that the terms of the code could result in the United Kingdom being in breach of any of its Community obligations or any other international obligation. (3) The Secretary of State must— (a) if approval is withheld, publish details of the reasons for withholding it; (b) if approval is granted, lay the code before Parliament. (4) If, within the 40-day period, either House of Parliament resolves not to approve the code, the code is not to be issued by the Commissioner. (5) If no such resolution is made within that period, the Commissioner must issue the code. (6) Where— (a) the Secretary of State withholds approval, or (b) such a resolution is passed, the Commissioner must prepare another code of practice under section 52A. (7) Subsection (4) does not prevent a new code being laid before Parliament. (8) A code comes into force at the end of the period of 21 days beginning with the day on which it is issued. (9) A code may include transitional provision or savings. (10) In this section “the 40-day period” means the period of 40 days beginning with the day on which the code is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the 2 days on which it is laid). (11) In calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days. (52C) (1) The Commissioner— (a) must keep the data-sharing code under review, and (b) may prepare an alteration to that code or a replacement code. (2) Where, by virtue of a review under subsection (1)(a) or otherwise, the Commissioner becomes aware that the terms of the code could result in the United Kingdom being in breach of any of its Community obligations or any other international obligation, the Commissioner must exercise the power under subsection (1)(b) with a view to remedying the situation. (3) Before an alteration or replacement code is prepared under subsection (1), the Commissioner must consult such of the following as the Commissioner considers appropriate— (a) trade associations (within the meaning of section 51); (b) data subjects; (c) persons who appear to the Commissioner to represent the interests of data subjects. (4) Section 52B (other than subsection (6)) applies to an alteration or replacement code prepared under this section as it applies to the code as first prepared under section 52A. (5) In this section “the data-sharing code” means the code issued under section 52B(5) (as altered or replaced from time to time). (52D) (1) The Commissioner must publish the code (and any replacement code) issued under section 52B(5). (2) Where an alteration is so issued, the Commissioner must publish either— (a) the alteration, or (b) the code or replacement code as altered by it. (52E) (1) A failure on the part of any person to act in accordance with any provision of the data-sharing code does not of itself render that person liable to any legal proceedings in any court or tribunal. (2) The data-sharing code is admissible in evidence in any legal proceedings. (3) If any provision of the data-sharing code appears to— (a) the Tribunal or a court conducting any proceedings under this Act, (b) a court or tribunal conducting any other legal proceedings, or (c) the Commissioner carrying out any function under this Act, to be relevant to any question arising in the proceedings, or in connection with the exercise of that jurisdiction or the carrying out of those functions, in relation to any time when it was in force, that provision of the code must be taken into account in determining that question. (4) In this section “the data-sharing code” means the code issued under section 52B(5) (as altered or replaced from time to time).

• (2) In section 51 of the Data Protection Act 1998 (c. 29) (general duties of Commissioner), after subsection (5) insert—

(5A) In determining the action required to discharge the duties imposed by subsections (1) to (4), the Commissioner may take account of any action taken to discharge the duty imposed by section 52A (data-sharing code).

Further amendments of the Data Protection Act 1998 (c. 29)

175

Schedule 20 contains further amendments of the Data Protection Act 1998 (c. 29).

Part 9 — General

Orders, regulations and rules

176

• (1) Orders or regulations made by the Secretary of State, the Lord Chancellor, the Welsh Ministers or the Chief Coroner under this Act are to be made by statutory instrument.

• (2) The Statutory Instruments Act 1946 (c. 36) applies in relation to the power of the Chief Coroner under section 37 to make regulations as if the Chief Coroner were a Minister of the Crown.

• (2A) Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

• (3) Any power conferred by this Act to make orders, regulations or rules includes power—

• (a) to make provision generally or only for specified purposes, cases, circumstances or areas;

• (b) to make different provision for different purposes, cases, circumstances or areas;

• (c) to make incidental, supplementary, consequential, transitional, transitory or saving provision.

• (4) A statutory instrument containing an order or regulations under this Act is subject to negative resolution procedure unless it is—

• (a) an instrument within subsection (5), or

• (b) an instrument containing an order under section 182 only.

• (5) A statutory instrument containing (whether alone or with other provision)—

• (a) regulations under section 20(5) setting a fee for the first time or increasing the fee by more than is necessary to reflect changes in the value of money,

• (b) an order under section 40(6),

• (c) an order under section 74, 75, 77 or 78,

• (d) an order under section 148(1) or (3),

• (e) an order under section 161(2)(a)(ii) or (4),

• (f) an order under section 177 which contains provision amending or repealing any provision of an Act, or

• (g) an order under paragraph 34 or 35 of Schedule 22.

is subject to affirmative resolution procedure.

• (6) In this section—

• “affirmative resolution procedure” means—in relation to any statutory instrument made by the Secretary of State or the Lord Chancellor, a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament;in relation to any statutory instrument made by the Welsh Ministers, a requirement that a draft of the instrument be laid before, and approved by a resolution of, the National Assembly for Wales;

• “negative resolution procedure” means—in relation to any statutory instrument made by the Secretary of State, Lord Chancellor or Chief Coroner, annulment in pursuance of a resolution of either House of Parliament;in relation to any statutory instrument made by the Welsh Ministers, annulment in pursuance of a resolution of the National Assembly for Wales.

• (7) No order may be made under this Act by the Department of Justice in Northern Ireland unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

• (8) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (7) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

• (9) Subsection (7) does not apply to the making by the Department of Justice of—

• (a) an order under section 177 which does not contain any provision amending or repealing any provision of an Act;

• (b) an order under section 182;

and an order within paragraph (a) above made by the Department of Justice is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

Consequential etc amendments and transitional and saving provisions

177

• (1) Schedule 21 contains minor and consequential amendments.

• (2) Schedule 22 contains transitional, transitory and saving provisions.

• (3) An appropriate minister may by order make—

• (a) such supplementary, incidental or consequential provision, or

• (b) such transitory, transitional or saving provision,

as the appropriate minister considers appropriate for the general purposes, or any particular purposes, of this Act, or in consequence of, or for giving full effect to, any provision made by this Act.

• (3A) In relation to the making of provision that 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), in subsection (3) references to the appropriate minister are to be read as references to the Department of Justice in Northern Ireland.

• (4) An order under subsection (3) may, in particular—

• (a) provide for any amendment or other provision made by this Act which comes into force before any other provision (whether made by this or any other Act or by any subordinate legislation) has come into force to have effect, until that other provision has come into force, with specified modifications, and

• (b) modify any provision of—

• (i) any Act (including this Act and any Act passed in the same session as this Act);

• (ii) subordinate legislation made before the passing of this Act;

• (iii) Northern Ireland legislation passed, or made, before the passing of this Act;

• (iv) any instrument made, before the passing of this Act, under Northern Ireland legislation.

• (5) Nothing in this section limits the power, by virtue of section 176(3), to include incidental, supplementary, consequential, transitional, transitory or saving provision in an order under section 182 (commencement).

• (6) The modifications that may be made by virtue of subsection (4)(b) are in addition to those made by, or which may be made under, any other provision of this Act.

• (7) Her Majesty may by Order in Council extend any provision made by virtue of subsection (4)(b), with such modifications as may appear to Her Majesty to be appropriate, to the Isle of Man or any British overseas territory.

• (8) The power under subsection (7) includes power to make supplementary, incidental, consequential, transitory, transitional or saving provision.

• (9) Subsection (7) does not apply in relation to amendments of the Armed Forces Act 2006 (c. 52).

• (10) In this section—

• “appropriate minister” means the Secretary of State or the Lord Chancellor;

• “modify” includes amend, repeal and revoke, and modification is to be construed accordingly;

• “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

Repeals

178

Schedule 23 contains repeals (including repeals of spent provisions).

Financial provision

179

The following are to be paid out of money provided by Parliament—

• (a) any expenditure incurred by a Minister of the Crown under or by virtue of this Act;

• (b) any increase attributable to this Act in the sums payable out of money so provided under any other Act.

Effect of amendments to provisions applied for purposes of service law

180

• (1) In this section “relevant criminal justice provisions” means provisions of, or made under, an Act which—

• (a) relate to criminal justice, and

• (b) are applied (with or without modifications) for any purposes of service law by any provision of, or made under, any Act.

• (2) Unless the contrary intention appears, any amendment by this Act of relevant criminal justice provisions also amends those provisions as so applied.

• (3) In this section “service law” means—

• (a) the system of service law established by the Armed Forces Act 2006, or

• (b) any of the systems of service law superseded by that Act (namely, military law, air force law and the Naval Discipline Act 1957 (c. 53)).

Extent

181

• (1) Subject to the following provisions of this section and any other provision of this Act, this Act extends to England and Wales only.

• (2) The following provisions extend to England and Wales, Scotland and Northern Ireland—

• (a) section 84;

• (b) the service courts provisions of Chapter 2 of Part 3;

• (c) section 143;

• (d) Part 7 (except sections 158(1) and (2), 170(2) and 171 and Schedule 19);

• (e) sections 176 to 183;

• (f) paragraph 4 of Schedule 1;

• (g) paragraphs 8, 15, 29, 42 and 45 of Schedule 22.

• (3) The following provisions extend to England and Wales and Northern Ireland—

• (a) sections 54, 55 and 56(1);

• (b) section 61 and Schedule 12;

• (c) sections 62 to 66;

• (d) section 67(3);

• (e) section 68 and Schedule 13;

• (f) section 71;

• (g) section 73;

• (h) Chapter 1 of Part 3 (except section 84);

• (i) Chapter 2 of that Part, and paragraphs 16 and 17 of Schedule 22, (subject to subsection (2)(b));

• (j) paragraphs 7, 12(2), 39, 40 and 41 of Schedule 22.

• (4) The following provisions extend to Northern Ireland only—

• (a) section 49 and Schedule 11;

• (b) section 67(2);

• (c) paragraphs 11, 38 and 44(2) of Schedule 22.

• (5) Paragraphs 34 and 35 of Schedule 22 extend to England and Wales and Scotland, and paragraph 36 of that Schedule extends to Scotland only.

• (6) Except as otherwise provided by this Act, an amendment, repeal or revocation of any enactment by any provision of this Act extends to the part or parts of the United Kingdom to which the enactment extends.

• (7) In section 338(1) of the Criminal Justice Act 2003 (c. 44) (power to extend the provisions of that Act to the Channel Islands etc) the reference to that Act includes a reference to that Act as amended by any provision of this Act.

• (8) In section 384 of the Armed Forces Act 2006 (c. 52) (extent to Channel Islands, Isle of Man etc) any reference to that Act includes a reference to—

• (a) that Act as amended by or under any provision of this Act;

• (b) section 84;

• (c) the service courts provisions of Chapter 2 of Part 3;

• (d) section 180.

• (9) In section 79(3) of the International Criminal Court Act 2001 (c. 17) (power to extend provisions of that Act to Channel Islands, Isle of Man etc) the reference to that Act includes a reference to that Act as amended by section 70.

• (10) In this section “the service courts provisions of Chapter 2 of Part 3” means the provisions of Chapter 2 of Part 3, and paragraph 70 of Schedule 21 and paragraphs 16 to 22 of Schedule 22, so far as having effect in relation to service courts.

Commencement

182

• (1) The following provisions come into force on the day on which this Act is passed—

• (a) sections 47 and 48;

• (b) section 116;

• (c) section 143;

• (d) sections 151 and 152;

• (e) section 154;

• (f) this section and sections 176, 177(3) to (10), 179, 181 and 183;

• (g) Schedule 18;

• (h) paragraphs 62(3) and 94 to 98 of Schedule 21 (and section 177(1) so far as relating to those provisions);

• (i) Part 1 and paragraphs 26 and 47 of Schedule 22 (and section 177(2) so far as relating to those provisions);

• (j) in Schedule 23—

• (i) in Part 3, the repeals relating to the Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36) and the Supreme Court Act 1981 (c. 54),

• (ii) in Part 4, the repeals in the Criminal Justice and Immigration Act 2008 (c. 4),

• (iii) in Part 5, the repeal of section 8(6) of the Animal Welfare Act 2006 (c. 45),

• (iv) in Part 6, the repeals in sections 17 and 17A of, and Schedule 3 to, the Access to Justice Act 1999 (c. 22), and

• (v) Part 9,

and section 178 so far as relating to those repeals.

• (2) The following provisions come into force at the end of the period of 2 months beginning with the day on which this Act is passed—

• (a) section 73;

• (b) section 138;

• (c) Part 4 of Schedule 21 (and section 177(1) so far as relating to that Part);

• (d) paragraph 37 of Schedule 22 (and section 177(2) so far as relating to that provision);

• (e) in Part 2 of Schedule 23, the repeals relating to the following Acts—

• (i) Libel Act 1792 (c. 60),

• (ii) Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8),

• (iii) Libel Act 1843 (c. 96),

• (iv) Newspaper Libel and Registration Act 1881 (c. 60),