Proposed amendments
227 amendments across 39 provisions
Clause 1 31
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the respondent is registered as a beneficial owner of an overseas company or other legal entity which owns the property.”
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where the property is held by the trustees of a settlement, setting out such details of the settlement as may be specified in the order, and
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References to a person who holds or obtains property include any body corporate, whether incorporated or formed under the law of a part of the United Kingdom or in a country or territory outside the United Kingdom.”
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the respondent has a financial interest in land or property in England and Wales which is registered in the name of an overseas company.”
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where the property is an interest in other property comprised in a settlement, the reference to the respondent obtaining the property is to be taken as if it were a reference to the respondent obtaining direct ownership of such share in the settled property as relates to, or is fairly represented by, that interest.”
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otherwise connected with a person within that paragraph.”
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Subsections (5B) and (5C) apply in determining the respondent’s interest for the purposes of subsection (3) in a case where the respondent to the unexplained wealth order—
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“362GA Holding of property: trusts arrangements etc
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any person affected by the order.”
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Clause 2 4
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“362PA Compensation
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Clause 4 25
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References to a person who holds or obtains property include any body corporate, whether incorporated or formed under the law of a part of the United Kingdom or in a country or territory outside the United Kingdom.”
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where the property is held by the trustees of a settlement, setting out such details of the settlement as may be specified in the order, and
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where the property is an interest in other property comprised in a settlement, the reference to the respondent obtaining the property is to be taken as if it were a reference to the respondent obtaining direct ownership of such share in the settled property as relates to, or is fairly represented by, that interest.”
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otherwise connected with a person within that paragraph.”
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Subsections (5B) and (5C) apply in determining the respondent’s interest for the purposes of subsection (3) in a case where the respondent to the unexplained wealth order—
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consider whether the Lord Advocate should be given an opportunity to determine what enforcement or investigatory proceedings, if any, the Lord Advocate considers ought to be taken by the Lord Advocate in relation to the property, and
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If the Scottish Ministers consider that the Lord Advocate should be given an opportunity to make a determination as mentioned in subsection (2)(a), the Lord Advocate must determine what enforcement or investigatory proceedings, if any, the Lord Advocate considers ought to be taken by the Lord Advocate in relation to the property.”
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the Lord Advocate may (at any time) determine what, if any, enforcement or investigatory proceedings the Lord Advocate considers ought to be taken by the Lord Advocate in relation to the property.”
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“396GA Holding of property: trusts arrangements etc
Clause 5 4
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“396QA Compensation
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Clause 8 1
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“Co-operation: beneficial ownership information
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 9 3
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Clause 10 5
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Subsection (1) applies whether or not the conditions in section 339ZB were met in respect of the disclosure if the person making the disclosure did so in the reasonable belief that the conditions were met.”
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Clause 11 12
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“Further information orders
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Schedule 9 has effect for the purposes of this section in determining what is a business in the regulated sector.”
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““corresponding disclosure requirement” means a requirement to make a disclosure under the law of the foreign country concerned that corresponds to a requirement imposed by virtue of this Part;
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“Anti-money laundering supervision
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Whistleblowing
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Suspicious Activity Reports: prioritising resources
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Duty on Secretary of State: money laundering
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Clause 13 4
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betting receipts,”.”
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money or assets in any form which may be used as currency,”.”
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“betting receipt” means a receipt in physical form that represents a right to be paid an amount in respect of a bet placed with a person holding a betting licence.
Clause 14 21
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An order under subsection (3) made by a magistrates’ court may provide for payment under section 303U of reasonable legal expenses that a person has reasonably incurred, or may reasonably incur, in respect of—
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In the case of use in unlawful conduct the court or sheriff must have reasonable grounds for being satisfied that the property is intended to be so used.”
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An order under subsection (1) made by a magistrates’ court may provide for payment under subsection (9) of reasonable legal expenses that a person has reasonably incurred, or may reasonably incur, in respect of—
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“Senior officer” has the same meaning in this subsection as it has in section 303E.”
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first, it must be applied in making any payment of legal expenses which, after giving effect to subsection (5B), are payable under this subsection in pursuance of provision under subsection (5A);”
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An order under subsection (3) made by the High Court may include provision of the type that may be included in an order under section 303O(3) made by a magistrates’ court by virtue of section 303(3A).
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Where an order under section 303Q is made by a magistrates’ court, any party to the proceedings for the order (including any party to the proceedings under section 303O that preceded the making of the order) may appeal against a decision to include, or not to include, provision in the order under subsection (5A) of section 303Q.”
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second, they must be applied in making any payment of legal expenses which, after giving effect to section 303O(3B)(including as applied by section 303R(3B)), are payable under this subsection in pursuance of provision under section 303O(3A) or, as the case may be, 303R(3A);”
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Clause 15 2
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In the case of use in unlawful conduct the officer must have reasonable grounds for being satisfied that the property is intended to be so used.”
Clause 19 2
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After section 316 insert—
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“( ) After section 316 insert—
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Clause 20 1
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“Report to Parliament on impact on enforcement authorities
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 24 1
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Clause 25 3
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“Public registers of beneficial ownership of companies in the Overseas Territories
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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Clause 26 3
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In subsection (2), for paragraphs (a) and (b) substitute—
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For subsection (8) substitute—
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Clause 27 3
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is being detained in connection with a criminal investigation or prosecution or with an investigation of a kind mentioned in section 341.
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in a case where the money is held in an account maintained with a bank or building society, the bank or building society;
Clause 28 2
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After section 245 insert—
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After section 269 insert—
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Clause 30 1
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“Reconsideration of discharged orders
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 32 8
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in subsection (2), after paragraph (e) insert—
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after subsection (3)(c)(as inserted by paragraph 22 of Schedule 5) insert—
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in subsection (2)—
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after subsection (3)(c)(as inserted by paragraph 24 of Schedule 5) insert—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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in subsection (2), after paragraph (e) insert—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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after subsection (3)(c)(as inserted by paragraph 27 of Schedule 5) insert—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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“National Crime Agency: principles of best regulatory practice
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“National Crime Agency: duty to ensure enforcement
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 33 7
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it is the forfeitable property in relation to an order under paragraph 10I(1) of that Schedule.””
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it is the forfeitable property in relation to an order under paragraph 10I(1) of that Schedule.””
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it is the forfeitable property in relation to an order under paragraph 10I(1) of that Schedule.””
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“Office for Professional Body Anti-Money Laundering Supervision
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Office for Professional Body Anti-Money Laundering Supervision: principles of best regulatory practice
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Office for Professional Body Anti-Money Laundering Supervision: duty to ensure enforcement
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Whistleblowing
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 34 2
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Subsection (1) applies whether or not the conditions in section 21CA were met in respect of the disclosure if the person making the disclosure did so in the reasonable belief that the conditions were met.”
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Clause 35 8
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“Further information orders
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Schedule 3A has effect for the purposes of this section in determining what is a business in the regulated sector.”
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““corresponding disclosure requirement” means a requirement to make a disclosure under the law of the foreign country concerned that corresponds to a requirement imposed by virtue of this Part;
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a constable,
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Clause 36 3
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betting receipts,”.”
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“betting receipt” means a receipt in physical form that represents a right to be paid an amount in respect of a bet placed with a person holding a betting licence.
Clause 38 1
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“Assets owned by persons involved in supplying arms to terrorist organisations
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 40 4
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“Enforcement in other parts of United Kingdom
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 42 1
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The Secretary of State may by regulations made by statutory instrument create, amend or remove further facilitation offences in respect of economic crimes other than UK tax evasion.
Clause 44 1
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Clause 47 4
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“Failure to prevent an economic criminal offence
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Exclusion of companies from public procurement
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Corporate probation order
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Corporate criminal liability for economic crime
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 48 3
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“Public registers of beneficial ownership of companies in the Overseas Territories
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Public register of beneficial ownership of UK property by companies registered outside the UK
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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Public registers of beneficial ownership of companies registered in Crown Dependencies
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 49 1
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“Disqualification order: bribery
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 50 1
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“Public register of beneficial ownership of UK property by companies and other legal entities registered outside the UK
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 53 3
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Regulations under subsection (2) or (3) may not include provision of the kind mentioned in subsection (5) unless the provision is within legislative competence.
Clause 54 7
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section (Reconsideration of discharged orders)(2) and (3);”
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section (Reconsideration of discharged orders)(4);”
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section (Reconsideration of discharged orders)(5) and (6);”
Clause 55 4
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section (Reconsideration of discharged orders)(4);”
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section (Reconsideration of discharged orders)(5) and (6);”
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Clause 57 1
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section (Sharing of beneficial ownership information);”
Schedule 1 1
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Schedule 3 15
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An order under sub-paragraph (2) made by a magistrates’ court may provide for payment under paragraph 10N of reasonable legal expenses that a person has reasonably incurred, or may reasonably incur, in respect of—
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For the purposes of sub-paragraph (2C)(c), a “senior officer” means—
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An order under sub-paragraph (1) made by a magistrates’ court may provide for payment under sub-paragraph (8) of reasonable legal expenses that a person has reasonably incurred, or may reasonably incur, in respect of—
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“Senior officer” has the same meaning in this sub-paragraph as it has in paragraph 10G(2C)(c).”
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first, it must be applied in making any payment of legal expenses which, after giving effect to sub-paragraph (5B), are payable under this sub-paragraph in pursuance of provision under sub-paragraph (5A);”
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An order under sub-paragraph (3) made by the High Court may include provision of the type that may be included in an order under paragraph 10G(2) made by a magistrates’ court by virtue of paragraph 10G(2A).
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Where an order under paragraph 10I is made by a magistrates’ court, any party to the proceedings for the order (including any party to the proceedings under paragraph 10G that preceded the making of the order) may appeal against a decision to include, or not to include, provision in the order under sub-paragraph (5A) of paragraph 10I.”
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second, they must be applied in making any payment of legal expenses which, after giving effect to paragraph 10G(2B)(including as applied by paragraph 10J(3B)), are payable under this sub-paragraph in pursuance of provision under paragraph 10G(2A) or, as the case may be, 10J(3A);”
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Schedule 5 24
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any property which is the forfeitable property in relation to an order under section 303Q(1).””
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it is the forfeitable property in relation to an order under section 303Q(1).””
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any property which is the forfeitable property in relation to an order under section 303Q(1).””
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it is the forfeitable property in relation to an order under section 303Q(1).””
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any property which is the forfeitable property in relation to an order under section 303Q(1).””
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it is the forfeitable property in relation to an order under section 303Q(1).””
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Section 435 (use of information by certain Directors) is amended as follows.
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Section 441 (disclosure of information by Lord Advocate and by Scottish Ministers) is amended as follows.
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in paragraph (fa), for the words from “functions” to “Ireland” substitute “functions of a relevant authority, as defined by section 435(4),”;
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In section 443 (enforcement in different parts of the United Kingdom), in subsection (1) after paragraph (c) insert—
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“Homelessness etc.(Scotland) Act 2003 (asp 10)
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Section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of UK judgments in other parts of UK) is amended as follows.
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In subsection (3) for “and (4ZA)” substitute “, (4ZA) and (4ZB)”.
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In section 414 (property), in subsection (3) before paragraph (a) insert—
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After subsection (7) insert—
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In section 438 (disclosure of information by certain Directors), in subsection (1)(e) at end insert “or 8”.