Schedule 9 - Repeals and revocations

Part of Proceeds of Crime Bill – in a Public Bill Committee am 6:30 pm ar 5 Chwefror 2002.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Mr Nick Hawkins Mr Nick Hawkins Ceidwadwyr, Surrey Heath 6:30, 5 Chwefror 2002

I reassure the Minister that I shall not speak to amendment No. 440, as he has kindly

accepted it. I accept his reason for not accepting amendment No. 441. I must put it on the record that once again we are indebted to the Law Society of Scotland. I understand that Government amendment No. 680 deals with the same point as amendment No. 441, but goes further.

We have had a couple of Grieve amendments and at least one Hawkins amendment. We welcome the Minister's generosity and echo his tributes to the Under-Secretary, the hon. Member for Coventry, North-East (Mr. Ainsworth). I used to live in the neighbouring constituency, so I should remember the parliamentary boundaries in Coventry. I did not wish to mention this earlier for fear of being accused by the hon. Member for Glasgow, Pollok of being another cattle rustler, but my grandmother came from Scotland. She was an Ogilvie from Dundee. Perhaps this could be the Ogilvie amendment.

Sitting suspended for a Division in the House.

On resuming—

Amendment agreed to.

Amendments made: No. 679, in page 283, line 27, at end insert—

'Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)

In Schedule 3, paragraphs 4(2) and 69.'.

No. 440, in page 283, line 27, at end insert—

'Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39), Part V'.

No. 680, in page 283, line 30, at end insert—

'Proceeds of Crime (Scotland) Act 1995 (c. 43)

Part I, except section 2(7).

In section 28, subsections (1)(a) and (2) and in subsection (5) the words ''(including a restraint order made under and within the meaning of the 1994 Act)''.

Section 29. In section 31, subsection (2), in subsection (4) the words ''or (2)''.

Sections 35 to 39. In section 40, subsections (1)(a), (2) and (4).

In section 42, subsections (1)(a) and (b).

In section 43, in subsection (1) the words ''confiscation order'', subsection (2).

Section 45(1)(a).

Section 47. In section 49, in subsection (1) the definitions of ''the 1988 Act'', ''the 1994 Act'' and ''confiscation order'' and subsection (4).

In Schedule 1, in paragraph 1, in sub-paragraph (1)(b) the words ''or a confiscation order'', in sub-paragraph (2)(a) the words ''subject to paragraph (b) below'', sub-paragraph (2)(b), in

sub-paragraph (3)(a)(i) the words ''or confiscation order''.

In Schedule 1, in paragraph 2, in sub-paragraph (1)(a) the words '', and if appointed (or empowered) under paragraph 1(1)(b) above where a confiscation order has been made'', paragraph 4, in paragraph 5(1) the words ''Part I of'', in paragraph 8(2) the words from '', unless in a case where a confiscation order has been'' to ''4(4)(b) above,''.

In Schedule 1, in paragraph 10(1) the words ''or the recipient of a gift caught by Part I of this Act or an implicative gift'', paragraphs 10(2) and (3), in paragraph 12(1)(a) the words ''paragraph (a) or (b) of section 4(1) or''.

In Schedule 2, in paragraph 1(2) the words ''and 35 to 38'', in paragraph 2(1) the words ''realisable or'', in paragraph 2(2) the words ''and 35 to 38'', paragraph 2(5), in paragraph 3(2) the words ''and 35 to 38'', paragraphs 3(4) and (5), in paragraph 4(2) the words ''and 35 to 38'', paragraph 6(2)(a).'.

No. 681, in page 284, line 14, at end insert—

'Crime and Punishment (Scotland) Act 1997 (c. 48)

Section 15(3).

In Schedule 1, paragraph 20.'.

No. 682, in page 284, line 15, at end insert—

'In Schedule 1, paragraphs 115 and 116.'.

No. 683, in page 284, line 26, leave out 'and 10' and insert—

', 10 and 11(2)'.—[Mr. Bob Ainsworth.]

Schedule 9, as amended, agreed to.

Clause 440 ordered to stand part of the Bill.