Digest
Parliamentary Digest
HL committee stage, 4 November 2015
HC second reading, 2 November 2015
HC first reading, 27 October 2015
HC report stage and third reading, 27 October 2015
HL third reading, 26 October 2015
HL second reading, 23 October 2015
HC first reading, 21 October 2015
HC committee stage first sitting, 21 October 2015
HC first reading, 20 October 2015
HC second reading, 14 October 2015
HC first reading, 13 October 2015
HC second reading, 13 October 2015
HC first reading, 13 October 2015
The government published a draft bill on the operation and regulation of the investigatory powers used by the police and the intelligence and security agencies on 4 November 2015. On 5 November 2015, the House of Commons agreed a resolution that a Joint Select Committee should be appointed to consider and report on the draft Investigatory Powers Bill. (See also page 4 of this issue.)
The key measures include a new reserved powers model for Welsh devolution, similar to the one which currently operates in Scotland, providing a clear and complete boundary between devolved and reserved subjects. The draft bill devolves important new powers for Wales in areas such as energy, transport and local government and Assembly elections.
At the time of writing, the Welsh Affairs Committee was examining whether the proposals, particularly in respect of the reserved powers model, are sound, and whether the provisions of the draft bill deliver the government’s policy intentions.
LEGISLATION
Section 52 of the Modern Slavery Act (MSA) 2015 places a duty on specified public authorities to notify the secretary of state where there are reasonable grounds to believe that a person may be a victim of slavery or human trafficking. These regulations specify the information which must be provided under the duty to notify the secretary of state. Schedule 1 to the regulations lists the information which must ordinarily be provided for all victims. Schedule 2 to the regulations lists additional information that must be provided where the victim is under the age of 18 or where the person has consented. In force 1 November 2015.
Regulation 2 brings into force, on 29 October 2015, MSA s54 relating to transparency in supply chains. Regulation 3 contains transitional provision, so that a commercial organisation with a financial year that ends before 31 March 2016 does not have to make a slavery and human traÿcking statement in respect of that financial year.
Make provision for a range of measures designed to help young, disabled, vulnerable or intimidated witnesses give evidence in proceedings before the Summary Appeal Court, so as to give effect to Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime and replacing Council Framework Decision 2001/220/JHA, articles 18 and 21. These measures are contained in Youth Justice and Criminal Evidence Act (YJCEA) 1999 Part 2, certain provisions of which are applied with modifications to, or modified in their effect for the purposes of, proceedings before service courts by the Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009 SI No 2009, as amended by the Youth Justice and Criminal Evidence Act 1999 (Application to Service courts) (Amendment) (No 2) Order 2015 SI No 1805.
Part 2 of these rules deals with restrictions on cross-examination of a witness by an appellant acting in person. Rule 4 makes provision for the director of service prosecutions to make an application to the judge advocate to give a direction that the appellant be prevented from cross-examining a witness. Rule 5 sets out the procedure for the judge advocate to explain to the appellant that s/he is prevented from cross-examining the witness and the procedure required for the appellant to appoint a legal representative to conduct the cross-examination . Rule 6 deals with the appointment of a legal representative by the judge advocate, and rule 7 deals with the appointment of a legal representative by the appellant.
Part 3 of these rules contains provisions dealing with restrictions on reporting. Rules 8 to 11 govern applications under YJCEA ss25, 45A and 46 for directions restricting the reporting of proceedings and directions dispensing with such restrictions. Rule 12 contains provisions relating to applications for the revocation of reporting directions or the variation or revocation of an excepting direction and rule 13 contains provision for applications for an extension of time. Rule 14 sets out the procedure for determining applications for reporting directions. In force 16 November 2015.
Brings into operation, on 16 November 2015, the revised code of practice entitled Code of Practice for Victims of Crime. The revised code of practice replaces the code of practice that was brought into operation on 10 December 2013 by Domestic Violence, Crime and Victims Act 2004 (Victims’ Code of Practice) Order 2013 SI No 2907, and implements parts of Directive 2012/29/ EU establishing minimum standards on the rights, support and protection of victims of crime.
Online copies of the revised code of practice can be accessed here. Hard copies can be obtained via e-mail : victimscodeconsultation@justice.gsi.gov.uk or by writing to: Post Point 4.21, Ministry of Justice, 102 Petty France, London SW1H 9AJ.
Makes amendments to the Insolvency Proceedings (Fees) Order 2004 SI No 593 (‘ the Fees Order 2004’). Article 2 increases the amount of the deposit payable under article 6 of the Fees Order 2004 on a creditor presenting a petition for bankruptcy and on the presentation of a petition for winding up (other than winding up under section 124A in the public interest, which remains unchanged).
Article 3 increases the official receiver’s administration fee payable in relation to bankruptcy and winding up by the court (other than winding up under section 124A in the public interest, which remains unchanged). Article 3 also reduces the percentage fee payable to the secretary of state on chargeable receipts of between £3,700 and £5,200 in bankruptcy (fee B2) and between £4,200 and £5,700 in respect of winding up (fee W2).
Article 4 provides that the increases in the deposit apply only to petitions presented on or after 16 November 2015 and that the changes in the secretary of state’s administration fee only applies to bankruptcy and winding up orders made on or after 16 November 2015.
Amend the Blood Tests (Evidence of Paternity) Regulations 1971 SI No 1861 (‘ Evidence of Paternity Regs 1971’). Regulation 2 of the Evidence of Paternity Regs 1971 is amended to add new categories of person who, in certain circumstances, may be ‘samplers’ under the 1971 regulations. The new categories are officers of the service (being the Children and Family Court Advisory and Support Service (Cafcass)) , Welsh Family Proceedings Officers (being officers of CAFCASS Cymru) and people appointed by testers. The amendments provide that these new categories of samplers may only act when they have been trained by a tester (as defined in the Evidence of Paternity Regs 1971), or under arrangements made by a tester, and where the sample is to be given by way of a mouth swab sample.
Regulation 5 of the Evidence of Paternity Regs 1971 is amended to set out which categories of sampler must take a sample, which must supervise a sample being given and which may do either.
Regulations 3, 6, 7, 8, 9 and 12 of, and the directions form in Schedule 1 to, the Evidence of Paternity Regs 1971, are amended in consequence of the provisions in regulation 5 of the Evidence of Paternity Regs 1971 allowing for the supervision of the taking of samples, meaning that it is more accurate to refer to samples being ‘obtained’ rather than ‘taken’ .
Regulation 6 of, and the directions form in Schedule 1 to, the Evidence of Paternity Regs 1971 are also amended to refer to a statement or photograph being ‘attached’ to the directions form, rather than ‘affixed ’ to reflect the fact that some samplers may be using electronic versions of the directions form and attaching statements or digital photographs to it.
Regulation 12 of the Evidence of Paternity Regs 1971 is further amended so that the provision on samplers charging fees will not apply where the sampler is an officer of Cafcass or a Welsh family proceedings officer . In force 23 November 2015.
CRIME
Commences section 42 and 91 of, and Schedule 16 to, the Criminal Justice and Courts Act (CJCA) 2015. Section 42 of the CJCA amends section 37(15) of the Police and Criminal Evidence Act 1984, which defines ‘arrested juvenile’ for the purposes of Part 4 of that Act (detention). The effect of the change is that 17 year olds are included in the definition of ‘arrested juvenile’ . The amendments made by CJCA s42 came into force on 26 October 2015.
Section 91 introduces CJCA Sch 16, which provides that challenges to a range of planning-related decisions, orders and actions may only be brought with leave of the High Court. Applications for leave must be made within the six-week period following the decision order or action being challenged. Schedule 16 also provides that challenges to the validity of relevant costs orders connected with specific planning decisions, orders and actions can only be brought by way of statutory review.
The amendments made by CJCA s91 and CJC Sch 16 only apply to decisions, orders or actions which are confirmed or take effect before 26 October 2015 or to any relevant documents where the date from which they can be challenged is before 26 October 2015. Proceeds of Crime Act 2002 (External Investigations) (Amendment) (No 2) Order 2015 SI No 1752 Amends the Proceeds of Crime Act 2002 (External Investigations) Order 2014 SI No 1893 to enable an accredited financial investigator to exercise the powers of an appropriate officer under that Order. In force 30 November 2015.
This Order amends the Proceeds of Crime Act 2002 (External Investigations) Order 2013 SI No 2605 (‘ the External Investigations Order 2013’) in relation to external investigations. The provisions of the External Investigations Order 2013 broadly correspond with the civil recovery investigation provisions in Proceeds of Crime Act (PCA) 2002 Part 8.
The amendments made by this Order reflect amendments made to the PCA by section 49(a) of, and Schedule 19 to, the Crime and Courts Act 2013. The amendments enable powers under the External Investigations Order 2013 to be exercised in relation to property, or a person who holds or has held that property, if the external investigation relates to that property or person. In force 30 November 2015.
Regulation 2 brings into force, on 31 October 2015, Serious Crime Act (SCA) 2015 ss74 and 75, which insert new sections 5B and 5C into the Female Genital Mutilation Act 2003 to create a duty to notify the police of female genital mutilation in England and Wales. Regulation 2 also brings into force, on the same day, the consequential amendment in SCA Sch 4 para 60 that relates to these provisions.
Regulation 3 brings into force, on 10 November 2015, SCA s79, which inserts a new section 40CB into the Prison Act 1952, making it a criminal offence for a person, without authorisation, to throw any article or substance into a prison. The reference to ‘throwing’ includes doing anything from outside the prison that results in the article or substance being projected or conveyed over or through a boundary of the prison so as to land inside the prison.
IMMIGRATION
Amend the British Nationality (General) Regulations 2003 SI No 548, which detail the procedures and requirements relating to applications in connection with British nationality made under the British Nationality Act 1981. In force12 November 2015.