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Schedule 2Interim serious crime prevention orders: consequential amendments
Serious Crime Act 2007
1
The Serious Crime Act 2007 is amended as follows.
2
In section 6 (individual must be 18 or over), after “order” insert “or an interim serious crime prevention order”
.
3
In section 7 (other exceptions), in subsections (1), (1A) and (2), after “serious crime prevention order” insert “or an interim serious crime prevention order”
.
4
(1)
Section 9 (right of third parties to make representations) is amended as follows.
(2)
In subsections (1) to
(3), after “serious crime prevention order” insert “or an interim serious crime prevention order”
.
(3)
In subsections (4) and (4A), after “serious crime prevention order” insert “or interim serious crime prevention order”
.
(4)
In subsection (5), after “serious crime prevention order” insert “or an interim serious crime prevention order”
.
5
In section 11 (restrictions on oral answers), after “order” insert “or an interim serious crime prevention order”
.
6
In section 12 (restrictions for legal professional privilege), in subsections (1) and (4A), after “order” insert “or an interim serious crime prevention order”
.
7
In section 13 (restrictions on excluded material and banking information), in subsections (1) and (2), after “serious crime prevention order” insert “or an interim serious crime prevention order”
.
8
In section 14(1) (restrictions relating to other enactments), after “order” insert “or an interim serious crime prevention order”
.
9
In section 15(1) (restrictions on use of information obtained), after “order” insert “or an interim serious crime prevention order”
.
10
(1)
Section 16 (duration of orders) is amended as follows.
(2)
In subsection (1), after “order” insert “or an interim serious crime prevention order”
.
(3)
In subsection (5)—
(a)
for “an order”, in the first place it occurs, substitute “a serious crime prevention order or an interim serious crime prevention order”
;
(b)
after “provision of” insert “such”
.
11
(1)
Section 17 (variation of orders) is amended as follows.
(2)
In subsections (1) to
(2), after “serious crime prevention order” insert “or an interim serious crime prevention order”
.
(3)
In subsection (3), for “an order” substitute “a serious crime prevention order”
.
(4)
“(3A)
An application for the variation of an interim serious crime prevention order under this section may be made by—
(a)
the relevant applicant authority (but see subsection (7A)),
(b)
the person who is the subject of the order, or
(c)
subject as follows, any other person.”
(5)
In subsection (4), for “The” substitute “In the case of an application for the variation of a serious crime prevention order, the”
.
(6)
In subsections (5) to
(7), after “(3)(b)(ii)” insert “or (3A)(c)”
.
(7)
In subsection (8)—
(8)
“(10)
In this section “relevant applicant authority”, in relation to an interim serious crime prevention order, means—
(a)
where the order was applied for by the chief officer of police of a police force in England and Wales, the chief officer of police of any such police force;
(b)
in any other case, the person who applied for the order.”
12
(1)
Section 18 (discharge of orders) is amended as follows.
(2)
In subsection (1)(a), (aa) and (b), after “order” insert “or an interim serious crime prevention order”
.
(3)
In subsection (2), for “an order” substitute “a serious crime prevention order”
.
(4)
“(2A)
An application for the discharge of an interim serious crime prevention order may be made by—
(a)
the relevant applicant authority (but see subsection (7)),
(b)
the person who is the subject of the order, or
(c)
subject as follows, any other person.”
(5)
In subsection (3), for “The” substitute “In the case of an application for the discharge of a serious crime prevention order, the”
.
(6)
In subsection (4), after “(2)(b)(ii)” insert “or (2A)(c)”
.
13
(1)
Section 20 (powers of Crown Court to vary orders on conviction) is amended as follows.
(2)
In subsections (2)(a) and (4)(a), after “order” insert “or an interim serious crime prevention order”
.
(3)
In subsection (7), for “and (4)(b)” substitute “, (4)(b) and (4A)(b)”
.
14
(1)
Section 21 (powers of Crown Court to vary or replace orders on breach) is amended as follows.
(2)
In subsections (1)(a) and (b) and (3), after “order” insert “or an interim serious crime prevention order”
.
(3)
In subsection (7), for “and (4)(b)” substitute “, (4)(b) and (4A)(b)”
.
(4)
“(8)
In this section—
(a)
a reference to replacing a serious crime prevention order is to making a new serious crime prevention order and discharging the existing one;
(b)
a reference to replacing an interim serious crime prevention order is to making a new interim serious crime prevention order and discharging the existing one.”
15
In section 22 (inter-relationship between different types of orders in England and Wales or Northern Ireland), in subsections (1), (2) and (4), after “serious crime prevention order” insert “or an interim serious crime prevention order”
.
16
(1)
Section 22B (powers of High Court of Justiciary and sheriff to vary orders on conviction) is amended as follows.
(2)
In subsection (2)(a), after “order” insert “or an interim serious crime prevention order”
.
(3)
In subsection (5), for “and (4)(b)” substitute “, (4)(b) and (4A)(b)”
.
17
(1)
Section 22C (powers of High Court of Justiciary and sheriff to vary or replace orders on breach) is amended as follows.
(2)
In subsection (1)(a)(i) and (ii) and (b), after “order” insert “or an interim serious crime prevention order”
.
(3)
In subsection (5), for “and (4)(b)” substitute “, (4)(b) and (4A)(b)”
.
(4)
“(6)
In this section—
(a)
a reference to replacing a serious crime prevention order is to making a new serious crime prevention order and discharging the existing one;
(b)
a reference to replacing an interim serious crime prevention order is to making a new interim serious crime prevention order and discharging the existing one.”
18
(1)
Section 22D (inter-relationship between different types of orders in Scotland) is amended as follows.
(2)
“(1A)
An interim serious crime prevention order made by the appropriate court under section 5E or varied under section 17(1A) may be varied under section 22B(2) or 22C(2).”
(3)
In subsection (2), for the words from “made” to “section 17(1A)” substitute “or an interim serious crime prevention order”
.
(4)
“(4)
A decision by the High Court of Justiciary or (as the case may be) the sheriff not to vary a serious crime prevention order or an interim serious crime prevention order under section 22B(2) or 22C(2) does not prevent a subsequent application under section 17(1A) for a variation of the order in consequence of the same offence.”
19
(1)
Section 22E (extension of orders pending outcome of criminal proceedings) is amended as follows.
(2)
In subsection (1)—
(a)
in the words before paragraph (a), after “order” insert “or an interim serious crime prevention order”
;
(b)
in paragraph (b), after “order” insert “or interim serious crime prevention order”
.
(3)
In subsection (2), in each place it occurs, after “order” insert “or an interim serious crime prevention order”
.
(4)
In subsection (3) omit “serious crime prevention”.
(5)
In subsection (4)—
(a)
in paragraph (a)(ii), after “22C,” insert “or a new interim serious crime prevention order is made under section 21 or 22C,”
;
(b)
in paragraph (d), after “serious crime prevention order” insert “or an interim serious crime prevention order”
;
(c)
in paragraph (e), after “order” insert “or an interim serious crime prevention order”
.
(6)
In subsection (5)—
(a)
after “section” insert “in relation to a serious crime prevention order”
;
(b)
in paragraph (a), omit “serious crime prevention”.
(7)
In subsection (6), in each place it occurs, after “serious crime prevention order” insert “or an interim serious crime prevention order”
.
(8)
“(7)
An order may be made under this section in relation to an interim serious crime prevention order only if—
(a)
the order is still in force, and
(b)
the court or sheriff considers it just to do so.”
20
(1)
Section 23 (additional right of appeal from High Court) is amended as follows.
(2)
“(1A)
An appeal may be made to the Court of Appeal in relation to a decision of the High Court—
(a)
to make an interim serious crime prevention order,
(b)
to vary, or not to vary, such an order, or
(c)
to discharge or not to discharge such an order.
(1B)
An appeal under subsection (1A) may be made by any person on whom the court considers the decision has had, or is likely to have, a significant adverse effect.”
(3)
In subsection (2)—
(a)
for “Subsection (1) is” substitute “Subsections (1) to (1B) are”
;
(b)
after “serious crime prevention orders” insert “or interim serious crime prevention orders”
.
21
In section 24 (appeals from Crown Court), in subsections (1), (2) and (11), after “serious crime prevention order” insert “or an interim serious crime prevention order”
.
22
(1)
Section 24A (additional right of appeal from Court of Session) is amended as follows.
(2)
“(1A)
An appeal may be made to the Inner House of the Court of Session in relation to a decision of the Outer House of the Court of Session—
(a)
to make an interim serious crime prevention order,
(b)
to vary, or not to vary, such an order, or
(c)
to discharge or not to discharge such an order.
(1B)
An appeal under subsection (1A) may be made by any person on whom the court considers the decision has had, or is likely to have, a significant adverse effect.”
(3)
In subsection (2)—
(a)
for “Subsection (1) is” substitute “Subsections (1) to (1B) are”
;
(b)
after “serious crime prevention orders” insert “or interim serious crime prevention orders”
.
23
In section 27 (powers to wind up companies etc: England and Wales), in subsections (1)(a), (4)(a) and (7)(a), after “order” insert “or an interim serious crime prevention order”
.
24
In section 27A (powers to wind up companies etc: Scotland), in subsections (1)(a), (1A)(a), (4)(a), (5)(a) and (8)(a), after “order” insert “or an interim serious crime prevention order”
.
25
In section 28 (powers to wind up companies etc: Northern Ireland), in subsections (1)(a), (1A)(a), (4)(a) and (7)(a), after “order” insert “or an interim serious crime prevention order”
.
26
(1)
Section 30 (notices to bodies corporate including limited liability partnerships) is amended as follows.
(2)
In subsection (1)—
(a)
in the words before paragraph (a)—
(i)
after “section 10” insert “or 10A”
;
(ii)
after “serious crime prevention order” insert “or an interim serious crime prevention order”
;
(b)
in paragraph (b), for “subsection (3) of that section” substitute “section 10(3) or 10A(3)”
.
(3)
In subsection (3), after “order” insert “or an interim serious crime prevention order”
.
27
(1)
Section 31 (other partnerships) is amended as follows.
(2)
In subsection (1), after “order” insert “or an interim serious crime prevention order”
.
(3)
In subsection (4)—
(a)
in the words before paragraph (a)—
(i)
after “section 10” insert “or 10A”
;
(ii)
after “serious crime prevention order” insert “or an interim serious crime prevention order”
;
(b)
in paragraph (b), for “subsection (3) of that section” substitute “section 10(3) or 10A(3)”
.
(4)
In subsection (10), after “order” insert “or an interim serious crime prevention order”
.
28
(1)
Section 32 (unincorporated associations) is amended as follows.
(2)
In subsection (1), after “order” insert “or an interim serious crime prevention order”
.
(3)
In subsection (3)—
(a)
in the words before paragraph (a)—
(i)
after “section 10” insert “or 10A”
;
(ii)
after “serious crime prevention order” insert “or an interim serious crime prevention order”
;
(b)
in paragraph (b), for “subsection (3) of that section” substitute “section 10(3) or 10A(3)”
.
(4)
In subsection (9), after “order” insert “or an interim serious crime prevention order”
.
29
In section 34 (providers of information society services), in subsections (1), (5) and (6), after “order” insert “or an interim serious crime prevention order”
.
30
In section 35(1) (proceedings in the High Court), after “orders” insert “or interim serious crime prevention orders”
.
31
In section 36 (proceedings in the Crown Court), in subsections (3)(b) and (6), after “serious crime prevention order” insert “or an interim serious crime prevention order”
.
32
(1)
Section 36A (proceedings in the High Court of Justiciary and sheriff court) is amended as follows.
(2)
In subsection (3)(b), after “order” insert “or an interim serious crime prevention order”
.
(3)
In subsection (6)—
(a)
after “order”, in the first place it occurs, insert “or an interim serious crime prevention order”
;
(b)
after “order”, in the second place it occurs, insert “or a new interim serious crime prevention order”
.
33
(1)
Section 38 (disclosure of information in accordance with orders) is amended as follows.
(2)
In subsection (1), after “order” insert “or an interim serious crime prevention order”
.
(3)
In subsection (2), after “orders” insert “or interim serious crime prevention orders”
.
34
(1)
Section 39 (compliance with orders: authorised monitors) is amended as follows.
(2)
(3)
In subsection (10), in the definitions of “monitoring services” and “specified”, after “serious crime prevention order” insert “or an interim serious crime prevention order”
.
35
In section 40(9) (costs in relation to authorised monitors), in paragraphs (a), (aa) and (b), after “orders” insert “or interim serious crime prevention orders”
.
36
In section 41 (powers of law enforcement officers to retain documents), in subsections (1)(a) and (2), after “order” insert “or an interim serious crime prevention order”
.
37
“interim serious crime prevention order
38
(1)
Schedule 2 (functions of applicant authorities) is amended as follows.
(2)
In paragraph 1—
(a)
in paragraph (a), after “orders” insert “and interim serious crime prevention orders”
;
(b)
in paragraph (b), after “order” insert “or an interim serious crime prevention order”
;
(c)
in paragraphs (c) and (d), after “orders” insert “or interim serious crime prevention orders”
.
(3)
In paragraph 4(1)(a), after “serious crime prevention order” insert “or an interim serious crime prevention order”
.
(4)
In paragraph 5, after “orders” insert “, and interim serious crime prevention orders,”
.
(5)
In paragraph 12—
(a)
in paragraph (a), after “orders” insert “and interim serious crime prevention orders”
;
(b)
in paragraph (b), after “order” insert “or an interim serious crime prevention order”
;
(c)
in paragraphs (c) and (d), after “orders” insert “or interim serious crime prevention orders”
.
(6)
In paragraph 15, after “orders” insert “, and interim serious crime prevention orders,”
.
(7)
In paragraph 15A—
(a)
in paragraph (a), after “orders” insert “and interim serious crime prevention orders”
;
(b)
in paragraph (b), after “order” insert “or an interim serious crime prevention order”
;
(c)
in paragraphs (c) and (d), after “orders” insert “or interim serious crime prevention orders”
.
(8)
In paragraph 15C—
(a)
in paragraph (a), after “orders” insert “and interim serious crime prevention orders”
;
(b)
in paragraph (b), after “order” insert “or an interim serious crime prevention order”
;
(c)
in paragraphs (c) and (d), after “orders” insert “or interim serious crime prevention orders”
.
(9)
In paragraph 16—
(a)
in paragraph (a), after “orders” insert “and interim serious crime prevention orders”
;
(b)
in paragraph (b), after “order” insert “or an interim serious crime prevention order”
;
(c)
in paragraphs (c) and (d), after “orders” insert “or serious crime prevention orders”
.
(10)
In paragraph 18(1)(a), after “order” insert “or an interim serious crime prevention order”
.
(11)
In paragraph 20A—
(a)
in paragraph (a), after “orders” insert “or interim serious crime prevention orders”
;
(b)
in paragraph (b), after “order” insert “or an interim serious crime prevention order”
;
(c)
in paragraphs (c) and (d), after “orders” insert “or interim serious crime prevention orders”
.