Clause 26

Serious Crime Bill [Lords] – in a Public Bill Committee at 12:30 pm on 3rd July 2007.

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Offence of failing to comply with order

Question proposed, That the clause stand part of the Bill.

Photo of James Brokenshire James Brokenshire Shadow Minister (Home Affairs)

The clause relates to enforcement and offences of failing to comply with a serious crime prevention order. It states:

“(1) A person who, without reasonable excuse, fails to comply with a serious crime prevention order commits an offence.”

Subsection (1) refers to a person. However, when we look at the subsequent provisions contained in, for example, clause 28, it is clear that a company, as a legal person, may be subject to a serious crime prevention order, hence the subsequent provisions relating to winding up, which the Minister will discuss in relation to the debate on that clause. Is the Minister clear that in terms of the breach of the order, the person is the corporate entity? Are officers and directors of a company implicitly subject to that order or is there a need for a separate and specific serious crime prevention order to apply to those individuals as opposed to the order applying to the legal person—in other words the company?

Photo of Vernon Coaker Vernon Coaker Parliamentary Under-Secretary (Home Office) (Crime Reduction)

Such is the detail of that question, I may need to reflect on it and come back at a later point in another clause.

Clause 26 ordered to stand part of the Bill.