Moved by
Baroness Williams of Trafford
141: Schedule 3, page 132, line 6, at end insert—
“(2A) 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—
(a) the proceedings in which the order is made, or
(b) any related proceedings under this Part of this Schedule.
(2B) A sum in respect of a relevant item of expenditure is not payable under paragraph 10N in pursuance of provision under sub-paragraph (2A) unless—
(a) the person who applied for the order under sub-paragraph (2) agrees to its payment, or
(b) the court has assessed the amount allowed in respect of that item and the sum is paid in respect of the assessed amount.
(2C) For the purposes of sub-paragraph (2B)—
(a) a “relevant item of expenditure” is an item of expenditure to which regulations under section 286B of the Proceeds of Crime Act 2002 would apply if the order under sub-paragraph (2) had instead been a recovery order made under section 266 of that Act;
(b) an amount is “allowed” in respect of a relevant item of expenditure if it would have been allowed by those regulations;
(c) if the person who applied for the order under sub- paragraph (2) was an authorised officer, that person may not agree to the payment of a sum unless the person is a senior officer or is authorised to do so by a senior officer.”
142: Schedule 3, page 132, line 19, at end insert—
“(6) For the purposes of sub-paragraph (2C)(c), a “senior officer” means—
(a) in relation to an application made by a constable or a counter-terrorism financial investigator, a senior police officer;
(b) in relation to an application made by an officer of Revenue and Customs, such an officer of a rank designated by the Commissioners for Her Majesty’s Revenue and Customs as equivalent to that of a senior police officer;
(c) in relation to an application made by an immigration officer, such an officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer.
(7) In sub-paragraph (6), a “senior police officer” means a police officer of at least the rank of superintendent.”
143: Schedule 3, page 134, line 3, at end insert—
“(5A) 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—
(a) the proceedings in which the order is made, or
(b) any related proceedings under this Part of this Schedule.
(5B) A sum in respect of a relevant item of expenditure is not payable under sub-paragraph (8) in pursuance of provision under sub- paragraph (5A) unless—
(a) the person who applied for the order under sub- paragraph (1) agrees to its payment, or
(b) the court has assessed the amount allowed in respect of that item and the sum is paid in respect of the assessed amount.
(5C) For the purposes of sub-paragraph (5B)—
(a) a “relevant item of expenditure” is an item of expenditure to which regulations under section 286B of the Proceeds of Crime Act 2002 would apply if the order under sub- paragraph (1) had instead been a recovery order made under section 266 of that Act;
(b) an amount is “allowed” in respect of a relevant item of expenditure if it would have been allowed by those regulations.”
144: Schedule 3, page 134, line 13, leave out from first “of” to end of line 14 and insert “any provision of this paragraph only if the person is a senior officer or is authorised to do so by a senior officer.
“Senior officer” has the same meaning in this sub-paragraph as it has in paragraph 10G(2C)(c).”
145: Schedule 3, page 134, line 16, at end insert—
“(za) 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);”
146: Schedule 3, page 134, line 17, leave out “first” and insert “second”
147: Schedule 3, page 134, line 21, leave out “second” and insert “third”
148: Schedule 3, page 134, leave out lines 26 to 39
149: Schedule 3, page 135, line 15, at end insert—
“(3A) 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).
(3B) If provision is included in an order of the High Court by virtue of sub-paragraph (3A) of this paragraph, paragraph 10G(2B) and (2C) apply with the necessary modifications.”
150: Schedule 3, page 136, line 32, at end insert—
“( ) 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.”
151: Schedule 3, page 136, line 33, leave out “sub-paragraph (1)” and insert “this paragraph”
152: Schedule 3, page 136, line 37, leave out “sub-paragraph (1)” and insert “this paragraph”
153: Schedule 3, page 137, line 42, at end insert—
“(aa) 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);”
154: Schedule 3, page 137, line 43, leave out “second” and insert “third”
155: Schedule 3, page 138, line 1, leave out “third” and insert “fourth”