SCHEDULE 2Amendments of other Acts
Biological Weapons Act 19741
In section 1B of the Biological Weapons Act 197417 (Revenue and Customs prosecutions), in subsection (1), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.
Customs and Excise Management Act 19792
In the following provisions of the Customs and Excise Management Act 197918, for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”—
a
in section 14519 (institution of proceedings), subsection (1)(a);
b
in section 146A20 (time limits for proceedings), subsection (7)(a);
c
in section 15021 (incidental provisions as to legal proceedings), subsection (1).
Limitation Act 1980
3
The Limitation Act 198022 is amended as follows.
4
In section 27A23 (actions for recovery of property obtained through unlawful conduct etc), omit subsection (8)(c).
5
In section 27AB24 (actions to prohibit dealing with property subject to an external request), omit subsection (6)(c).
6
In section 27B25 (actions for recovery of property for purposes of an external order), omit subsection (8)(c).
Criminal Justice Act 19877
In section 3 of the Criminal Justice Act 198726 (disclosure of information), in subsection (1)(b), for “the Revenue and Customs Prosecutions Office” substitute “the Crown Prosecution Service”.
Criminal Justice (International Co-operation) Act 19908
In section 21 of the Criminal Justice (International Co-operation) Act 199027 (jurisdiction and prosecutions), in subsection (2)(a), omit “or the Director of Revenue and Customs Prosecutions”.
Drug Trafficking Act 19949
In section 60 of the Drug Trafficking Act 199428 (Revenue and Customs prosecutions), in subsection (1), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.
Criminal Appeal Act 199510
In section 22 of the Criminal Appeal Act 199529 (meaning of “public body” etc), omit subsection (4)(f).
Chemical Weapons Act 199611
In section 30A of the Chemical Weapons Act 199630 (Revenue and Customs prosecutions), in subsection (1), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.
Petroleum Act 199812
In section 5C of the Petroleum Act 199831 (offences under section 5B: supplemental), in subsection (1), for the words from “except—” to the end substitute “except by or with the consent of the Director of Public Prosecutions.”.
Landmines Act 199813
In section 21 of the Landmines Act 199832 (Revenue and Customs prosecutions), in subsection (1), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.
Crime and Disorder Act 1998
14
The Crime and Disorder Act 199833 is amended as follows.
15
In section 51B34 (notices in serious or complex fraud cases), omit subsection (9)(c).
16
In section 66H35 (interpretation), omit paragraph (e)(iii).
Crown Prosecution Service Inspectorate Act 200017
In section 2 of the Crown Prosecution Service Inspectorate Act 200036 (functions), omit subsection (4).
Anti-terrorism, Crime and Security Act 200118
In section 53 of the Anti-terrorism, Crime and Security Act 200137 (Revenue and Customs prosecutions), in subsection (1), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.
Proceeds of Crime Act 2002
19
The Proceeds of Crime Act 200238 is amended as follows.
20
1
Section 2A39 (contribution to the reduction of crime) is amended as follows.
2
Omit subsection (2)(d).
3
In subsection (3)(b), omit “, the Director of Revenue and Customs Prosecutions”.
21
1
Section 2C40 (prosecuting authorities) is amended as follows.
2
In subsection (2)—
a
omit “the Director of Revenue and Customs Prosecutions or”;
b
omit “concerned”.
3
In subsection (3A), omit “and the Director of Revenue and Customs Prosecutions”.
4
Omit subsection (4)(c).
22
In section 5541 (sums received by designated officer), omit subsection (8)(f).
23
In section 7242 (serious default by prosecutors etc), omit subsection (9)(d).
24
In section 302A43 (powers for prosecutors to appear in proceedings), in subsection (2), for “The Director of Revenue and Customs Prosecutions” substitute “The Director of Public Prosecutions”.
25
In section 31644 (general interpretation), in subsection (1), in the definition of “enforcement authority”, in paragraph (a), omit “, the Director of Revenue and Customs Prosecutions”.
26
In section 35245 (search and seizure warrants), in subsection (5A)(a), omit “, the Director of Revenue and Customs Prosecutions”.
27
In section 35746 (disclosure orders), in subsection (8)(d), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.
28
In section 377A47 (code of practice of Attorney General or Advocate General for Northern Ireland), in subsection (1)(a), omit “, the Director of Revenue and Customs Prosecutions”.
29
In section 43848 (disclosure of information by certain Directors), in subsection (1)(fa), for “, another Director or the Director of Revenue and Customs Prosecutions” substitute “or another Director”.
30
In section 43949 (disclosure of information to Lord Advocate and to Scottish Ministers), omit subsection (5)(fa).
31
In section 44150 (disclosure of information by Lord Advocate and by Scottish Ministers), in subsection (2)(fa), omit “the Director of Revenue and Customs Prosecutions,”.
32
In section 44451 (external requests and orders), in subsection (4)—
a
after paragraph (f) insert “and”;
b
omit paragraph (h) and the “and” preceding it.
33
In section 44552 (external investigations), in subsection (2)(b), omit “the Director of Revenue and Customs Prosecutions,”.
34
In section 45153 (Revenue and Customs prosecutions), in subsection (1), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.
35
In section 46054 (finance), in subsection (3)(a), omit “, the Director of Revenue and Customs Prosecutions”.
Dealing in Cultural Objects (Offences) Act 200336
In section 4 of the Dealing in Cultural Objects (Offences) Act 200355 (Revenue and Customs prosecutions), in subsection (1), for “the Director of Revenue and Customs Prosecutions” substitute “the Director of Public Prosecutions”.
Criminal Justice Act 2003
37
The Criminal Justice Act 200356 is amended as follows.
38
In section 2757 (interpretation of Part 3), in the definition of “relevant prosecutor”, omit paragraph (ba).
39
In section 2958 (new method of instituting proceedings), in subsection (5) (definition of “public prosecutor”), omit paragraph (ca).
Serious Organised Crime and Police Act 2005
40
The Serious Organised Crime and Police Act 200559 is amended as follows.
41
1
Section 6060 (investigatory powers of DPPetc) is amended as follows.
2
Omit subsection (1)(b).
3
Omit subsection (3).
4
Omit subsection (5)(b).
5
In subsection (6), omit “(3),”.
42
In section 7161 (assistance by offender: immunity from prosecution), omit subsection (4)(b).
43
In Schedule 5 (persons specified for the purposes of section 82), in paragraph 12, in both places, omit “is or”.
Corporate Manslaughter and Corporate Homicide Act 200744
In Schedule 1 to the Corporate Manslaughter and Corporate Homicide Act 200762 (list of government departments etc), omit “Revenue and Customs Prosecutions Office”.
Serious Crime Act 2007
45
The Serious Crime Act 200763 is amended as follows.
46
In section 8 (limited class of applicants for making of orders), omit paragraph (a)(ii).
47
In section 10 (notice requirements in relation to orders), omit subsection (4)(a)(ii).
48
In section 27 (powers to wind up companies etc: England and Wales and Scotland), in subsections (1) and (3), omit “, the Director of Revenue and Customs Prosecutions”.
49
In section 43 (index of defined expressions: Part 1), in the table, in the entry relating to the Director of Public Prosecutions and other prosecutors—
a
omit “Director of Revenue and Customs Prosecutions,”;
b
omit “7(2),”.
50
In section 70 (penalty and prosecution for offences under section 69), in subsection (2), for the words from “only—” to the end substitute “only by or with the consent of the Director of Public Prosecutions.”.
51
In section 84 (powers for prosecutors to appear in cash recovery proceedings), omit subsections (3) and (4).
52
1
Schedule 2 (functions of applicant authorities under Part 1) is amended as follows.
2
After paragraph 5 insert—
5A
Section 21 of the Commissioners for Revenue and Customs Act 2005 (disclosure to prosecuting authority) has effect as if the purpose mentioned in subsection (1)(b) included the purpose of enabling the Director to exercise the Director’s functions under this Part.
3
Omit the heading preceding paragraph 6.
4
Omit paragraphs 6 to 11.
53
In Schedule 8 (abolition of Assets Recovery Agency and its Director), omit paragraphs 135(b), 165 and 168.
UK Borders Act 2007
54
The UK Borders Act 200764 is amended as follows.
55
1
Section 40 (supply of Revenue and Customs information) is amended as follows.
2
In subsection (1), for “the Revenue and Customs Prosecutions Office (the RCPO)” substitute “the Crown Prosecution Service (the CPS)”.
3
In subsection (2), in both places, for “the RCPO” substitute “the CPS”.
4
After subsection (4), insert—
4A
Subsections (1) and (2) are subject to subsection (4B).
4B
In relation to the CPS, this section applies to—
a
information held by the CPS in connection with a Revenue and Customs function of the Director of Public Prosecutions;
b
a document or article which comes into the possession of, or is discovered by, the CPS, or a person acting on behalf of the CPS, in the exercise of a Revenue and Customs function of the Director of Public Prosecutions.
4C
In subsection (4B) “Revenue and Customs function of the Director of Public Prosecutions” means—
a
a function of the Director of Public Prosecutions under section 3(2)(ab), (bb) or (ee) of the Prosecution of Offences Act 1985, or
b
a function of the Director of Public Prosecutions under the Proceeds of Crime Act 2002 that relates to a function of the Commissioners for Her Majesty’s Revenue and Customs or an officer of Revenue and Customs.
5
In subsection (5), in both places, for “the RCPO” substitute “the CPS”.
6
After subsection (5), insert—
5A
Nothing in this section affects any power to supply information apart from this section.
56
In section 41 (confidentiality), in subsections (2) and (3)(e), for “the RCPO” substitute “the CPS”.
57
1
Section 41A65 (supply of information to UK Border Agency) is amended as follows.
2
In subsection (1), for “the RCPO” substitute “the CPS”.
3
In subsection (3), in both places, for “the RCPO” substitute “the CPS”.
4
After subsection (4), insert—
4A
Subsections (1) and (3) are subject to subsection (4B).
4B
In relation to the CPS, this section applies to—
a
information held by the CPS in connection with a Revenue and Customs function of the Director of Public Prosecutions;
b
a document or article which comes into the possession of, or is discovered by, the CPS, or a person acting on behalf of the CPS, in the exercise of a Revenue and Customs function of the Director of Public Prosecutions.
4C
In this section “Revenue and Customs function of the Director of Public Prosecutions” has the meaning given by section 40(4C).
5
In subsection (5), in both places, for “the RCPO” substitute “the CPS”.
6
After subsection (6), insert—
7
Nothing in this section affects any power to supply information apart from this section.
58
In section 41B66 (UK Border Agency: onward disclosure), in subsection (2)(e), for “the RCPO” substitute “the CPS”.
59
In section 42 (wrongful disclosure), in subsection (2), in both places, for “the RCPO” substitute “the CPS”.
Counter-Terrorism Act 200860
In Schedule 7 to the Counter-Terrorism Act 200867 (terrorist financing and money laundering), in Part 7 (enforcement: offences), omit paragraph 33(1)(b).
Corporation Tax Act 2009
61
The Corporation Tax Act 200968 is amended as follows.
62
In section 1207 (wrongful disclosure), in subsection (4), for the words from “only—” to the end substitute “only by or with the consent of the Director of Public Prosecutions.”.
63
In section 1216CN69 (wrongful disclosure), in subsection (4), for the words from “only—” to the end substitute “only by or with the consent of the Director of Public Prosecutions.”.
64
In section 1217CN70 (wrongful disclosure), in subsection (4), for the words from “only—” to the end substitute “only by or with the consent of the Director of Public Prosecutions.”.
Borders, Citizenship and Immigration Act 2009
65
The Borders, Citizenship and Immigration Act 200971 is amended as follows.
66
In section 15 (prohibition on disclosure of personal customs information), in subsection (7), for “or the Revenue and Customs Prosecutions Office” substitute “or to information supplied by or on behalf of the Crown Prosecution Service under section 40 or 41A of the UK Borders Act 2007”.
67
In section 18 (offence of wrongful disclosure), in subsection (3)(a), omit “or the Director of Revenue and Customs Prosecutions”.
68
Omit section 31 (prosecution of offences).
69
In section 37 (subordinate legislation), omit subsection (8).
Coroners and Justice Act 2009
70
The Coroners and Justice Act 200972 is amended as follows.
71
In section 77 (applications for investigation anonymity orders), omit subsection (1)(f).
72
In section 80 (discharge of order), omit subsection (2)(c).
73
In section 81 (delegation of certain functions under the Act by a chief officer of police etc), omit subsection (6).
Bribery Act 201074
1
Section 10 of the Bribery Act 201073 (consent to prosecution) is amended as follows.
2
In subsection (1)—
a
after paragraph (a) after “the Director of Public Prosecutions,” insert “or”;
b
omit paragraph (c) and the “or” preceding it.
3
In subsection (3)(a)(i), for “, the Director of the Serious Fraud Office or the Director of Revenue and Customs Prosecutions” substitute “or the Director of the Serious Fraud Office”.
4
In subsection (4), for “, the Director of the Serious Fraud Office and the Director of Revenue and Customs Prosecutions” substitute “and the Director of the Serious Fraud Office”.
5
In subsection (7), for “, the Director of the Serious Fraud Office or the Director of Revenue and Customs Prosecutions” substitute “or the Director of the Serious Fraud Office”.
Finance Act 201175
In Schedule 25 to the Finance Act 201174 (mutual assistance for recovery of taxes etc), in paragraph 5(3), for the words from “only—” to the end substitute “only by or with the consent of the Director of Public Prosecutions.”.
Crime and Courts Act 201376
In Schedule 8 to the Crime and Courts Act 201375 (abolition of the Serious Organised Crime Agency and the National Policing Improvement Agency), omit paragraph 12 and the heading preceding it.