House of Lords Official Report

Total Page:16

File Type:pdf, Size:1020Kb

House of Lords Official Report Vol. 764 Monday No. 38 7 September 2015 PARLIAMENTARY DEBATES (HANSARD) HOUSE OF LORDS OFFICIAL REPORT ORDER OF BUSINESS Deaths and Retirements of Members ...........................................................................1209 Questions Debt Management Advice ..........................................................................................1209 House of Lords: Membership....................................................................................1211 Disabled Children: Sexual Exploitation .....................................................................1214 Airports Commission: Costs.......................................................................................1216 Chairman of Committees Motion to Appoint.......................................................................................................1219 Energy Bill [HL] Committee (1st Day) ..................................................................................................1219 Syria: Refugees and Counterterrorism Statement......................................................................................................................1246 Energy Bill [HL] Committee (1st Day) (Continued).............................................................................1267 Criminal Legal Aid (Remuneration etc.) (Amendment) Regulations 2015 Motion to Regret.........................................................................................................1287 Grand Committee Misuse of Drugs Act (Temporary Class Drug) (No. 2) Order 2015......................GC 155 Merchant Shipping (Alcohol) (Prescribed Limits Amendment) Regulations 2015 .GC 160 Smoke and Carbon Monoxide Alarm (England) Regulations 2015.....................GC 164 Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2015.......................GC 180 Scotland Act 1998 (Modification of Schedules 4 and 5) Order 2015 ................GC 182 Armed Forces Act (Continuation) Order 2015.......................................................GC 186 Consumer Rights Act 2015 (Consequential Amendments) Order 2015 ...............GC 191 Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2015......................GC 204 Motions to Consider £4·00 Lords wishing to be supplied with these Daily Reports should give notice to this effect to the Printed Paper Office. No proofs of Daily Reports are provided. Corrections for the bound volume which Lords wish to suggest to the report of their speeches should be clearly indicated in a copy of the Daily Report, which, with the column numbers concerned shown on the front cover, should be sent to the Editor of Debates, House of Lords, within 14 days of the date of the Daily Report. This issue of the Official Report is also available on the Internet at www.publications.parliament.uk/pa/ld201516/ldhansrd/index/150907.html PRICES AND SUBSCRIPTION RATES DAILY PARTS Single copies: Commons, £5; Lords £4 Annual subscriptions: Commons, £865; Lords £600 LORDS VOLUME INDEX obtainable on standing order only. Details available on request. BOUND VOLUMES OF DEBATES are issued periodically during the session. Single copies: Commons, £65 (£105 for a two-volume edition); Lords, £60 (£100 for a two-volume edition). Standing orders will be accepted. THE INDEX to each Bound Volume of House of Commons Debates is published separately at £9·00 and can be supplied to standing order. All prices are inclusive of postage. The first time a Member speaks to a new piece of parliamentary business, the following abbreviations are used to show their party affiliation: Abbreviation Party/Group CB Cross Bench Con Conservative DUP Democratic Unionist Party GP Green Party Ind Lab Independent Labour Ind LD Independent Liberal Democrat Ind SD Independent Social Democrat Ind UU Independent Ulster Unionist Lab Labour LD Liberal Democrat LD Ind Liberal Democrat Independent Non-afl Non-affiliated PC Plaid Cymru UKIP UK Independence Party UUP Ulster Unionist Party No party affiliation is given for Members serving the House in a formal capacity, the Lords spiritual, Members on leave of absence or Members who are otherwise disqualified from sitting in the House. © Parliamentary Copyright House of Lords 2015, this publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 1209 Deaths and Retirements of Members[7 SEPTEMBER 2015] Debt Management Advice 1210 disclose the availability of free debt advice at all. House of Lords Cold-calling lead generation is banned for mortgages. Will the Minister agree to meet me to discuss banning Monday, 7 September 2015. it for debt advice as well? 2.30 pm Lord Ashton of Hyde: My Lords, although lead Prayers—read by the Lord Bishop of Peterborough. generators are independent and not regulated, the FCA requires debt management firms accepting leads from lead generators to satisfy themselves that the Deaths and Retirements of Members business has been procured fairly and in accordance Announcement with data protection privacy in electronic communication laws. The FCA is going through the authorisation process at the moment, as I said, and that is one of the 2.36 pm things that will be taken into account. It has to ensure The Lord Speaker (Baroness D’Souza): My Lords, I that the lead generators do things such as signpost to regret to inform the House of the deaths on 30 August consumers the availability of free debt advice. The of the noble Lord, Lord Williamson of Horton, on FCA has committed to undertake a review of its rules 31 August of the noble Lord, Lord Montagu of Beaulieu, on unsolicited marketing calls, emails and text messages and on 4 September of the noble Lord, Lord Moser. from consumer credit firms. Lastly, of course I am On behalf of the House, I extend our sincere condolences always pleased to meet the noble Lord. to the noble Lords’ families and friends. I should also like to notify the House of the retirements, Baroness Kramer (LD): My Lords, the House will with effect from 23 July, of the noble Viscount, Lord remember that the Government dithered on tackling Montgomery of Alamein, and the noble Baroness, the abuses by payday lenders until the noble Lord, Lady Wilkins, and, with effect from 30 July, of the Lord Sassoon—the Minister in the Lords at the time— noble Lord, Lord Simpson of Dunkeld, pursuant to took personal action and drove the change. Will Ministers Section 1 of the House of Lords Reform Act 2014. On today consider doing the same, because cold calling is behalf of the House, I should like to thank the noble making victims of vulnerable people on a daily basis? Lords for their much-valued services to the House. I should also like to notify the House of the resignation Lord Ashton of Hyde: As I just said to the House, of the noble Lord, Lord Sewel, with effect from 30 July. the FCA is looking at this. We are not in a position to instruct the FCA on what to do, but there are actions Debt Management Advice that can be taken on unsolicited calls that I can go into Question if noble Lords want. 2.38 pm Lord Davies of Oldham (Lab): My Lords, on the broader issues of debt, will the Minister confirm that Asked by Lord Sharkey household debt is on course to reach a new level of To ask Her Majesty’s Government what assessment 183% of GDP by 2020? That is above any level that it they have made of the thematic review Quality of reached under 13 years of the last Labour Administration. Debt Management Advice published by the Financial Is it not clear that this faltering economic recovery Conduct Authority in June 2015. that the Chancellor boasts about is being backed by household debt, with serious consequences in the longer run for the economy and for all households? Lord Ashton of Hyde (Con): My Lords, the Government are very concerned about the problems in the debt management market, including the quality Lord Ashton of Hyde: My Lords, the noble Lord of advice, which was highlighted by the Financial opposite has decided not to mention that household Conduct Authority’s thematic review. This is why we debt as a proportion of income has fallen to 145% in reformed debt management regulation, transforming Q1 of 2015—down from a peak of 169% in 2008 under responsibility to the FCA’s more robust regime to the Labour Government. We accept the forecast that better protect consumers. Debt management firms are household debt will rise by 2020, but this is driven by currently going through the FCA authorisation process. households investing in financial and housing assets. Firms that do not meet the FCA’s threshold conditions At the moment, three-quarters of debt is secured by will not be able to continue in the market. property. Lord Sharkey (LD): My Lords, the Government are The Lord Bishop of St Albans: My Lords, given that right to be concerned. The fact is that the FCA found the FCA report discovered that not-for-profit that a staggering 60% of fee-charging debt advice organisations were better at giving impartial debt advice, cases posed a high risk of harm. The requirement to will the Minister tell us what plans Her Majesty’s disclose the availability of free debt advice at first Government have to ensure that those organisations contact was often not done or was rushed, not impartial have sufficient funding to be able to offer that service or not sufficiently prominent. It is not even clear to the 8.8 million people in the UK who are in need of whether cold-calling lead generators are obliged to debt management advice? 1211 Debt
Recommended publications
  • Infrastructure Act 2015
    Page 1 This Schedule has been prepared by the Department of Energy and Climate Change (DECC) in connection with the Energy Bill 2015-16. It is also available online at the Bills before Parliament pages on www.parliament.uk ENERGY BILL 2015-16 “KEELING” SCHEDULE This Schedule shows the Infrastructure Act 2015, including all previous amendments, as it would look when amended by the Energy Bill 2015-16, were the Bill to be enacted in the state in which it was introduced to the House of Commons (HC Bill 92 2015-16) It has been prepared by the DECC, using legislation.gov.uk as its primary source, checked against Lex- isNexis. Its purpose is to assist readers of the Bill and help inform debate on it. It does not form part of the Bill and has not been endorsed by Parliament. DECC January 2016 Infrastructure Act 2015 PART 1 STRATEGIC HIGHWAYS COMPANIES Appointment as highway authorities 1 Appointment of strategic highways companies 2 Areas and highways in an appointment Functions 3 Road Investment Strategy 4 Route strategies Exercise of functions 5 General duties 6 Directions and guidance 7 Delegation of functions 8 Exercise of delegated functions Oversight 9 Watchdog 10 Monitor 11 Monitor: compliance and fines Page 2 12 Monitor: general duties 13 Monitor: guidance 14 Periodic reports by the Secretary of State Transfers of property etc 15 Transfer schemes 16 Tax consequences of transfers Finance 17 Financial assistance Supplemental and general 18 Transfer of additional functions 19 Consequential and transitional provision etc 20 Interpretation
    [Show full text]
  • The Air Navigation Order 2009
    Status: This is the original version (as it was originally made). UK Statutory Instruments are not carried in their revised form on this site. STATUTORY INSTRUMENTS 2009 No. 3015 CIVIL AVIATION The Air Navigation Order 2009 Made - - - - 17th November 2009 Laid before Parliament 24th November 2009 Coming into force in accordance with article 1 This Order is made in exercise of the powers conferred by sections 60 (other than sub-section (3) (r)), 61, 77 and 101 of and Schedule 13 to the Civil Aviation Act 1982(1), section 35 of the Airports Act 1986(2) and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972(3). This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to Her Majesty that it is expedient for certain references to provisions of a Community instrument to be construed as a reference to those provisions as amended from time to time. Her Majesty, by and with the advice of Her Privy Council, orders as follows: Citation and Commencement 1.—(1) This Order may be cited as the Air Navigation Order 2009 and, subject to paragraph (2), comes into force on 1st January 2010. (2) Article 176 comes into force on 1st April 2010. Revocation 2. The Orders and Regulations listed in Schedule 1 are revoked to the extent there specified. (1) 1982 c.16; sections 60 and 61 have been amended by the Airports Act 1986 c.31, section 83(5) and Schedule 6 Part II.
    [Show full text]
  • Petroleum Act 1998 (Energy Bill 2015-16 Keeling Schedule)
    Page 1 This Schedule has been prepared by the Department of Energy and Climate Change (DECC) in connection with the Energy Bill 2015-16. It is also available online at the Bills before Parliament pages on www.parliament.uk ENERGY BILL 2015-16 “KEELING” SCHEDULE This Schedule shows the Petroleum Act 1998, including all previous amendments, as it would look when amended by the Energy Bill 2015-16, were the Bill to be enacted in the state in which it was introduced to the House of Commons (HC Bill 92 2015-16) It has been prepared by the DECC, using legislation.gov.uk as its primary source, checked against Lex- isNexis. Its purpose is to assist readers of the Bill and help inform debate on it. It does not form part of the Bill and has not been endorsed by Parliament. DECC January 2016 Petroleum Act 1998 1998 CHAPTER 17 An Act to consolidate certain enactments about petroleum, offshore installations and submarine pipelines. [11th June 1998] BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-- PART I PETROLEUM 1 Meaning of "petroleum" 2 Rights to petroleum vested in Her Majesty 3 Licences to search and bore for and get petroleum 4 Licences: further provisions [4A Onshore hydraulic fracturing: safeguards] [4B Section 4A: supplementary provision] 5 Existing licences [5A Rights transferred without the consent of Secretary of State] [5B Information] [5C Offences under section
    [Show full text]
  • Smart Meters Bill Explanatory Notes
    SMART METERS BILL EXPLANATORY NOTES What these notes do These Explanatory Notes relate to the Smart Meters Bill as introduced in the House of Commons on 18 October 2017 (Bill 113). These Explanatory Notes have been prepared by BEIS in order to assist the reader . They do not form part of the Bill and have not been endorsed by Parliament. These Explanatory Notes explain what each part of the Bill will mean in practice; provide background information on the development of policy; and provide additional information on how the Bill will affect existing legislation in this area. These Explanatory Notes might best be read alongside the Bill. They are not, and are not intended to be, a comprehensive description of the Bill. Bill 113–EN 57/1 Table of Contents Subject Page of these Notes Overview of the Bill/Act 2 Policy background 2 Extension of powers 2 Special administration regime 3 Legal background 3 Territorial extent and application 4 Commentary on provisions of Bill/Act 5 Clause 1: Smart meters: extension of time for exercise of powers 5 Clause 2: Smart meter communication licensee administration orders 5 Clause 3: Objective of a smart meter communication licensee administration 5 Clause 4: Application of certain provisions of the Energy Act 2004 6 Clause 5: Conduct of administration, transfer scheme, etc. 7 Clause 6: Modifications of particular or standard conditions 7 Clause 7: Licence conditions to secure funding of smart meter communication licensee administration 8 Clause 8: Modifications under the Enterprise Act 2002 8 Clause
    [Show full text]
  • Infrastructure Act 2015
    Infrastructure Act 2015 CHAPTER 7 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately £20.75 Infrastructure Act 2015 CHAPTER 7 CONTENTS PART 1 STRATEGIC HIGHWAYS COMPANIES Appointment as highway authorities 1 Appointment of strategic highways companies 2 Areas and highways in an appointment Functions 3 Road Investment Strategy 4Route strategies Exercise of functions 5 General duties 6 Directions and guidance 7 Delegation of functions 8 Exercise of delegated functions Oversight 9Watchdog 10 Monitor 11 Monitor: compliance and fines 12 Monitor: general duties 13 Monitor: guidance 14 Periodic reports by the Secretary of State Transfers of property etc 15 Transfer schemes ii Infrastructure Act 2015 (c. 7) 16 Tax consequences of transfers Finance 17 Financial assistance Supplemental and general 18 Transfer of additional functions 19 Consequential and transitional provision etc 20 Interpretation of Part 1 PART 2 CYCLING AND WALKING INVESTMENT STRATEGIES 21 Cycling and Walking Investment Strategies PART 3 POWERS OF BRITISH TRANSPORT POLICE FORCE 22 Powers of British Transport Police Force PART 4 ENVIRONMENTAL CONTROL OF ANIMAL AND PLANT SPECIES 23 Environmental control of animal and plant species 24 Native and non-native species etc 25 Part 4: supplementary PART 5 PLANNING, LAND AND BUILDINGS Nationally significant infrastructure projects 26 Timing of appointment of examining authority 27 Two-person Panels 28 Changes to, and revocation of, development consent orders Deemed discharge of planning conditions 29 Deemed discharge of planning conditions Mayoral development orders 30 Mayoral development orders The Homes and Communities Agency and other bodies 31 Property etc transfers to the HCA and the GLA 32 Easements etc affecting land Infrastructure Act 2015 (c.
    [Show full text]
  • Energy Act 2016
    Energy Act 2016 CHAPTER 20 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately £14.25 Energy Act 2016 CHAPTER 20 CONTENTS PART 1 THE OGA The OGA and its core functions 1The OGA 2 Transfer of functions to the OGA 3 Transfer of property, rights and liabilities to the OGA 4 Transfer of staff to the OGA 5 Transfer schemes: supplementary 6Pensions 7 Contracting out of functions to the OGA Exercise of functions 8 Matters to which the OGA must have regard 9 Directions: national security and public interest 10 Directions: requirements to notify Secretary of State Information and samples 11 Power of Secretary of State to require information and samples Funding 12 Powers of the OGA to charge fees 13 Levy on licence holders 14 The licensing levy: regulations 15 Payments and financial assistance ii Energy Act 2016 (c. 20) Review 16 Review of OGA and guidance from Secretary of State PART 2 FURTHER FUNCTIONS OF THE OGA RELATING TO OFFSHORE PETROLEUM CHAPTER 1 INTRODUCTION 17 Overview of Part 2 18 Interpretation of Part 2 CHAPTER 2 DISPUTES 19 Qualifying disputes and relevant parties 20 Reference of disputes to the OGA 21 Action by the OGA on a dispute reference 22 Power of the OGA to consider disputes on its own initiative 23 Procedure for consideration of disputes 24 Power of the OGA to acquire information 25 Power of the OGA to require attendance at meetings 26 Appeals against decisions of the OGA: disputes CHAPTER 3 INFORMATION AND SAMPLES Interpretation 27 Petroleum-related information and samples Retention 28 Retention of information and samples 29 Retention: supplementary Information and samples plans 30 Information and samples plans: termination of rights under offshore licences 31 Preparation and agreement of information and samples plans 32 Changes to information and samples plans 33 Information and samples plans: supplementary Power to require information and samples 34 Power of the OGA to require information and samples Coordinators 35 Information and samples coordinators Energy Act 2016 (c.
    [Show full text]
  • CCLS Energy Law Institute Review
    0001, November 2019 CCLS Energy Law Institute Review https://www.qmul.ac.uk/ccls/research/energy/ Contents In this first issue. 3 Recurrent themes in a 40 year career in law in the energy sector. Professor James Dallas 4 Financing offshore oil and gas decommissioning in the United States and the United Kingdom. Rosemary E Hambright 8 Principle of Estoppel in the enforcement of small island developing states’ right to climate finance. Mohammad Hazrati and Frosina Antonovska 14 In conversation. Professor Loukas Mistelis and Sir David Steel 23 Financing energy efficiency: An assessment of the Portuguese energy efficiency national fund. Gustavo Rochette 27 For the public benefit: An evaluation of the landowner compensation regime application to fracking in England. Abeer Sharma 34 Energy forum review: Opportunities and challenges of nuclear energy. Juan Ignacio Aguirre and Sagal Farah 47 2 Contents In this first issue. Maria Taylor Energy Law Institite Welcome to the first edition of the CCLS Energy Law Institute We are delighted to include an interview by Professor Loukas Review. Mistelis, one of the founding members of the ELI, with retired High Court judge Sir David Steel and their discussion is wide The review provides our LLM students, alumni, academics, ranging and gives an insight to the evolution of energy law. members and supporters with the opportunity to publish articles on topics based around the research and activities A regular event for the Institute is the Energy Forum that meets of the Energy Law Institute. The Review will be published, three times a year to debate a major legal issue impacting the electronically, twice a year in autumn and summer.
    [Show full text]
  • (Legislative Competence) (Environment) Order 2010
    MEMORANDUM FROM THE MINISTER FOR ENVIRONMENT, SUSTAINABILITY AND HOUSING CONSTITUTIONAL LAW: DEVOLUTION, WALES The draft National Assembly for Wales (Legislative Competence) (Environment) Order 2010 Introduction 1. The Memorandum sets out the background to the provisions in the National Assembly for Wales (Legislative Competence) (Environment) Order 2009 which confers additional legislative competence upon the National Assembly for Wales and which has been laid in accordance with SO 22.31 and explains the scope of the power requested. 2. The constitutional context to this request is set out by the Government of Wales Act 2006 (the 2006 Act) and the UK Government’s policy, contained in the White Paper “Better Governance for Wales”. Section 95 of the 2006 Act empowers Her Majesty, by Order in Council, to confer competence on the National Assembly for Wales (‘the National Assembly’) to legislate by Assembly Measure on specified Matters. These Matters may be added to Fields within Schedule 5 to the 2006 Act. Assembly Measures may make any provision which could be made by Act of Parliament, in relation to Matters, subject to the limitations provided for in Part 3 of the 2006 Act. An Order in Council under Section 95 of the 2006 Act is referred to as a Legislative Competence Order (LCO) in this memorandum. 3. The LCO confers further legislative competence on the National Assembly for Wales, in the Field of Environment (Field 6 within Schedule 5 to the 2006 Act). Attached at Annex A is a copy of Schedule 5 showing the legislative competence that the National Assembly has acquired to date.
    [Show full text]
  • Scotland Act 2016
    Scotland Act 2016 CHAPTER 11 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately £16.00 Scotland Act 2016 CHAPTER 11 CONTENTS PART 1 CONSTITUTIONAL ARRANGEMENTS The Scottish Parliament and the Scottish Government 1 Permanence of the Scottish Parliament and Scottish Government The Sewel convention 2The Sewel convention Elections etc 3 Elections 4 Power to make provision about elections 5 Timing of elections 6 Electoral registration: the digital service 7 Expenditure in connection with elections 8 Review of electoral boundaries by the Local Government Boundary Commission for Scotland 9 Functions exercisable within devolved competence: elections 10 Minor and consequential amendments: elections etc Legislation by the Parliament 11 Super-majority requirement for certain legislation 12 Scope to modify the Scotland Act 1998 ii Scotland Act 2016 (c. 11) PART 2 TAX, BORROWING AND FINANCIAL INFORMATION Income tax 13 Power of Scottish Parliament to set rates of income tax 14 Amendments of Income Tax Act 2007 15 Consequential amendments: income tax Value added tax 16 Assignment of VAT Devolved taxes 17 Tax on carriage of passengers by air 18 Tax on commercial exploitation of aggregate 19 Devolved taxes: further provision Borrowing 20 Borrowing Information 21 Provision of information to the Office for Budget Responsibility PART 3 WELFARE BENEFITS AND EMPLOYMENT SUPPORT Welfare benefits 22 Disability, industrial injuries and carer’s benefits 23 Benefits for maternity, funeral and heating expenses
    [Show full text]
  • Appendix 3 Existing Controls
    Offshore Energy SEA 3: Appendix 3 Regulatory Controls Appendix 3: Existing Controls A3.1 Introduction The summary below is a contextual overview of existing controls relevant to the environmental management of UK offshore energy activities, including offshore oil and gas, gas and carbon dioxide storage, and offshore renewables. It is not intended to be a comprehensive guide to the applicable environmental legislation1. A3.1.1 Offshore renewable developments Under The Crown Estate Act 1961, The Crown Estate is entrusted to manage assets on behalf of the Crown including most of the UK seabed out to 12nm, over half of the foreshore, as well as certain sovereign rights in respect of areas beyond the territorial sea. Such sovereign rights are vested in the Crown by the virtue of the designation of the UK Exclusive Economic Zone (EEZ), formerly covered by areas including the Gas Importation and Storage Zone (GISZ) or Renewable Energy Zone (REZ) under the Energy Act 2008 and Energy Act 2004 respectively. The Crown Estate’s permission, in the form of a site option Agreement and Lease, is required for the placement of structures or cables on the seabed, this includes offshore wind farms and their ancillary cables and other marine facilities. Potential offshore wind farm developers also require statutory consents from a number of Government departments before development can take place. When all necessary statutory consents are obtained by the developer, The Crown Estate can grant a site lease for a development. Under the Planning Act 2008, the Planning Inspectorate (PINS) assumed responsibility for consent applications for offshore electricity generating stations with a capacity of more than 100MW.
    [Show full text]
  • Legislating for Brexit: Statutory Instruments Implementing EU Law
    ` BRIEFING PAPER Number 7867, 16 January 2017 Legislating for Brexit: Statutory By Vaughne Miller Instruments implementing EU law Contents: 1. Introduction 2. EU law in the UK 3. Appendix List of SIs www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary 2 Legislating for Brexit: Statutory Instruments implementing EU law Contents Summary 4 1. Introduction 6 2. EU law in the UK 7 2.1 How are SIs to implement EU laws adopted? 7 2.1 Do the devolved Administrations adopt EU law? 8 2.2 Where can I find EU-related SIs? 8 3. Appendix List of SIs 9 3 Commons Library Briefing, 16 January 2017 Contributing Authors: Sasha Gorb Cover page image copyright EU flag, British flag and Palace of Westminster – CC0 Public domain: no attribution required. All images cropped. 4 Legislating for Brexit: Statutory Instruments implementing EU law Summary According to data on the EU’s Eur-Lex database, there are at present around 19,000 EU legislative acts in force. These are mainly directives, regulations, decisions and external agreements, but they include a range of other instruments. As Commons Briefing Paper Legislating for Brexit: the Great Repeal Bill, CBP7793, 21 November 2016, explains, a major issue for Brexit is what to do about EU legislation that has been incorporated into UK law. Section 2(2) of the European Communities Act 1972 (ECA) provides a power for subordinate legislation to be made where the EU Treaties require Member States to make provisions in their domestic law, such as for the implementation of EU directives.
    [Show full text]
  • Serious Crime Bill [HL]
    Serious Crime Bill [HL] EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Home Office, are published separately as HL Bill 1—EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Lord Taylor of Holbeach has made the following statement under section 19(1)(a) of the Human Rights Act 1998: In my view the provisions of the Serious Crime Bill [HL] are compatible with the Convention rights. HL Bill 1 55/4 Serious Crime Bill [HL] CONTENTS PART 1 PROCEEDS OF CRIME CHAPTER 1 ENGLAND AND WALES Confiscation: assets held by defendant and other 1 Determination of extent of defendant’s interest in property 2 Provision of information 3 Appeals 4 Enforcement receivers Confiscation: other amendments 5 Time for payment 6 Confiscation and victim surcharge orders 7 Orders for securing compliance with confiscation order 8 Variation or discharge 9 Absconding defendants 10 Default sentences 11 Conditions for exercise of restraint order powers 12 Continuation of restraint order after quashed conviction 13 Search and seizure powers: “appropriate approval” 14 Seized money etc CHAPTER 2 SCOTLAND Confiscation 15 Enforcement of confiscation orders 16 Conditions for exercise of restraint order powers HL Bill 1 55/4 ii Serious Crime Bill [HL] Civil recovery 17 Notification of making etc of prohibitory property orders 18 Offences relating to prohibitory property orders 19 Prohibitory property orders: PPO receivers 20 Notification of making etc of interim administration orders 21 Offences relating to interim administration orders CHAPTER 3 NORTHERN IRELAND Confiscation:
    [Show full text]