Sanctions and Anti-Money Laundering Bill [HL] — Report (1st Day) (Continued) — 15 Jan 2018 at 18:15
Moved by Lord Ahmad of Wimbledon
23: Clause 2, page 4, line 2, after “received” insert “, procured”
24: Clause 2, page 4, line 3, after “received” insert “, procured”
Moved by Lord Ahmad of Wimbledon
27: Clause 9, page 9, line 36, leave out subsection (3) and insert-“(3) Regulations under section 1 which contain a designation power must provide that where an appropriate Minister-(a) has made a designation under the power, or(b) has varied or revoked a designation made under the power (see section 18),that Minister must without delay take such steps as are reasonably practicable to inform the designated person of the designation, variation or revocation.(3A) The regulations may include provision, additional to that required by subsection (3), as to steps to be taken as regards notification or publicity where a designation has been made under the designation power or a designation made under the power has been varied or revoked.(3B) The regulations need not require a person to be notified of an intention to designate the person.”
Moved by Lord Ahmad of Wimbledon
31: Clause 10, page 10, line 10, leave out paragraph (b) and insert- “(b) considers that the designation of that person is appropriate, having regard to-(i) the purpose of the regulations as stated under section 1(3), and(ii) the likely significant effects of the designation on that person (as they appear to the Minister to be on the basis of the information that the Minister has).”
32: Clause 10, page 10, line 31, at end insert-“(7) The regulations must, in relation to any case where the Minister designates a person by name, require the information given under the provision made under section 9(3) to include a statement of reasons.(8) In subsection (7) a “statement of reasons” means a brief statement of the matters that the Minister knows, or has reasonable grounds to suspect, in relation to that person which have led the Minister to make the designation.(9) The regulations may authorise matters to be excluded from that statement where the Minister considers that they should be excluded-(a) in the interests of national security or international relations,(b) for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or(c) in the interests of justice(but the regulations may not authorise the Minister to provide no statement of reasons).”
Moved by Lord Ahmad of Wimbledon
33: Clause 11, page 10, line 33, leave out “authorise” and insert “grant a power for”
34: Clause 11, page 10, line 35, at end insert-“( ) The regulations must contain provision which prohibits the exercise of that power except where conditions A to C are met.( ) Condition A is that the description of persons specified is such that a reasonable person would know whether that person fell within it.( ) Condition B is that, at the time the description is specified, it is not practicable for the Minister to identify and designate by name all the persons falling within that description at that time.”
35: Clause 11, page 10, line 36, leave out from beginning to “the” in line 37 and insert “Condition C is that”
36: Clause 11, page 11, line 1, leave out paragraph (b) and insert-“(b) considers that the designation of persons of the specified description is appropriate, having regard to-(i) the purpose of the regulations as stated under section 1 (3), and(ii) the likely significant effects of the designation (as they appear to the Minister to be on the basis of the information that the Minister has) on persons of that description.”
37: Clause 11, page 11, line 5, at end insert-“(3A) The regulations must, in relation to any case where the Minister provides that persons of a specified description are designated persons, require the information given under the provision made under section 9(3) to include a statement of reasons. (3B) In subsection (3A) a “statement of reasons” means a brief statement of the matters that the Minister knows, or has reasonable grounds to suspect, in relation to persons of the specified description which have led the Minister to make the provision designating persons of that description.(3C) The regulations may authorise matters to be excluded from that statement where the Minister considers that they should be excluded-(a) in the interests of national security or international relations,(b) for reasons connected with the prevention or detection of serious crime in the United Kingdom or elsewhere, or(c) in the interests of justice(but the regulations may not authorise the Minister to provide no statement of reasons).”
Moved by Lord Judge
45: Clause 16, page 14, line 13, leave out paragraph (a)
Ayes 209, Noes 192.
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