Clause 10
Serious Crime Bill [Lords]
2:45 pm
Joe Benton (Bootle, Labour)
With this it will be convenientto discuss the following amendments: No. 105, in clause 10, page 7, line 26, at end insert—
‘(2A) No variation of a serious crime order may be made unless the High Court is satisfied that the variation would be fair to the person making representations under subsection (2) and was proportionate having regard to the interests of that person and to the public interest.’.
No. 106, in clause 10, page 7, line 32, at end insert—
‘(3A) No serious crime order shall be discharged, in whole or in part, if the High Court considers the discharge to be unfair to the person making representations under subsection (3) or to any person affected by it, or disproportionate having regard to the interests of any person and to the public interest.’.
No. 113, in clause 18, page 10, line 29, at beginning insert ‘Subject to subsections (4) and (4A)’.
No. 114, in clause 18, page 11, line 4, at end insert—
‘(4A) If a change in circumstances is identified under subsection (4), the court may vary the serious crime prevention order to the extent that the court considers that the order has become unfair to the subject of the order or that the terms ofthe order are disproportionate having regard to that person’s interests or to the public interest.’.
No. 115, in clause 19, page 11, line 41, at end insert—
‘(3A) If a change in circumstances is identified under subsection (3) and the court considers that the order or any provision thereof has—
(a) become unfair to the subject of the order, or
(b) disproportionate having regard to the interests of that person and the public interest,
the court may discharge the order or any provision thereof to the extent that it thinks fit.’.
No. 125, in clause 21, page 13, line 17, at end insert—
‘or if it considers that there has been a change of circumstances and that, by reason of that change, the order has become unfair to any person affected by it including the person who is the subject of the order’.
No. 126, in clause 21, page 13, line 29, at end insert—
‘or by the person who is the subject of the order’.