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EnactedCrime (Overseas Production Orders) Act 2019

OverviewTimeline54Debates9Amendments34

Proposed amendments

34 amendments across 9 provisions

Clause 1 14

Amendment #9990#9990WithdrawnAmends text
Amendment text
at end insert—
The Secretary of State may not make regulations designating an international co-operation arrangement with a state which is a party to or participates in it which has not abolished the death penalty unless the agreement provides that it will apply only if the other party or participant has given assurances that the death penalty will not be imposed in any case in which or in whose preparation electronic data obtained under this Act has been used.”
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Paddick
Amendment #9994#9994WithdrawnAmends text
Amendment text
after “arrangement” insert “in the form of a treaty (as defined by the Constitutional Reform and Governance Act 2010) and”
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Paddick
Amendment #9995#9995Not movedAmends text
Amendment text
leave out from “party” to end of line 3
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Paddick
Amendment #10018#10018Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Safeguards for incoming production orders

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
1
Lord Rosser
Amendment #10089#10089WithdrawnAmends text
Amendment text
at end insert—
A judge may order that notice of an application for an overseas production order be served on a controller or a data subject.”
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Paddick
Amendment #10091#10091Not movedAmends text
Amendment text
at end insert—
A judge may appoint an independent adviser to assist the court with regard to assessing the matters which are the subject of section 4 of this Act.”
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Paddick
Amendment #10092#10092Not movedAmends text
Amendment text
at end insert—
A designated international co-operation arrangement must—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Paddick
Amendment #10094#10094Not movedAmends text
Amendment text
at end insert—
““relevant UK law” means the law of England and Wales or of Scotland or of Northern Ireland as the case may be.”
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Paddick
Amendment #10258#10258AgreedAmends text
Amendment text
leave out from “means” to end of line 3 on page 2 and insert “a relevant treaty which—
relates (in whole or in part) to the provision of mutual assistance in connection with the investigation or prosecution of offences, and
Stage
Report stage
Type
EditBillBody
Clause
1
Baroness Williams of Trafford
Amendment #10259#10259AgreedAmends text
Amendment text
at end insert—
The Secretary of State may not make regulations designating an international agreement under section 52 of the Investigatory Powers Act 2016 (interception in accordance with overseas requests) where that agreement provides for requests to be made by the competent authorities of a country or territory, or of more than one country or territory, in which a person found guilty of a criminal offence may be sentenced to death for the offence under the general criminal law of the country or territory concerned.
Stage
Report stage
Type
EditBillBody
Clause
1
Lord Rosser
Amendment #10373#10373Not movedAmends text
Amendment text
In subsection (4B) after “preparation” insert “the intercepted communication or”
Stage
Report stage
Type
EditBillBody
Clause
1
Lord Paddick
Amendment #10374#10374DisagreedAmends text
Amendment text
Leave out from beginning to “given” in subsection (4B) and insert—
The Secretary of State may not make regulations designating an international co-operation agreement providing for the use of—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
EditBillBody
Clause
1
Lord Paddick
Amendment #10378#10378WithdrawnAmends text
Amendment text
In subsection (5A), after “2010” insert “and it has been ratified in accordance with that Act”
Stage
Report stage
Type
EditBillBody
Clause
1
Lord Paddick
Amendment #10729#10729WithdrawnAmends text
Amendment text
at end insert “and it has been ratified in accordance with that section”
Stage
3rd reading
Type
EditBillBody
Clause
1
Lord Paddick

Clause 2 2

Amendment #10095#10095WithdrawnAmends text
Amendment text
after “person” insert “exercising law enforcement functions”
Stage
Committee stage
Type
EditBillBody
Clause
2
Lord Paddick
Amendment #10096#10096Not movedAmends text
Amendment text
after “person” insert “exercising law enforcement functions”
Stage
Committee stage
Type
EditBillBody
Clause
2
Lord Paddick

Clause 3 4

Amendment #9996#9996Not movedAmends text
Amendment text
leave out from “welfare” to end of line 16
Stage
Committee stage
Type
EditBillBody
Clause
3
Lord Paddick
Amendment #10011#10011WithdrawnAmends text
Amendment text
at end insert “but not bulk data”
Stage
Committee stage
Type
EditBillBody
Clause
3
Lord Paddick
Amendment #10014#10014WithdrawnAmends text
Amendment text
leave out subsection (5)
Stage
Committee stage
Type
EditBillBody
Clause
3
Lord Rosser
Amendment #10284#10284DisagreedAmends text
Amendment text
at end insert—
“Journalistic data” means electronic data that—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
EditBillBody
Clause
3
Lord Rosser

Clause 4 6

Amendment #9997#9997Not movedAmends text
Amendment text
leave out “(so far as applicable)”
Stage
Committee stage
Type
EditBillBody
Clause
4
Lord Paddick
Amendment #9998#9998WithdrawnAmends text
Amendment text
after “requirements” insert “which must be consistent with the provisions of this section”
Stage
Committee stage
Type
EditBillBody
Clause
4
Lord Paddick
Amendment #9999#9999WithdrawnAmends text
Amendment text
leave out “substantial” and insert “significant”
Stage
Committee stage
Type
EditBillBody
Clause
4
Lord Paddick
Amendment #10097#10097Not movedAmends text
Amendment text
at end insert—
the rights of a data subject to privacy”
Stage
Committee stage
Type
EditBillBody
Clause
4
Lord Paddick
Amendment #10098#10098WithdrawnAmends text
Amendment text
at end insert—
The judge must be satisfied that the electronic data specified or described in the application is not confidential journalistic data.”
Stage
Committee stage
Type
EditBillBody
Clause
4
Lord Paddick
Amendment #10122#10122WithdrawnAmends text
Amendment text
leave out from second “that” to “having” in line 14 and insert “the public interest in all or part of the electronic data specified or described in the application for the order being produced or, as the case may be, accessed outweighs the public interest in privacy,”
Stage
Committee stage
Type
EditBillBody
Clause
4
Lord Paddick

Clause 5 3

Amendment #10000#10000Not movedAmends text
Amendment text
leave out “the judge has reasonable grounds for believing”
Stage
Committee stage
Type
EditBillBody
Clause
5
Lord Paddick
Amendment #10283#10283Not movedAmends text
Amendment text
at end insert—“or
specify or describe in the order electronic data that is confidential journalistic data unless, in addition to the requirements in section 4(2) to (5), the requirements of section (Confidential journalistic data)(2) are fulfilled.”
Stage
Report stage
Type
EditBillBody
Clause
5
Lord Rosser
Amendment #10377#10377WithdrawnAmends text
Amendment text
leave out “the judge has reasonable grounds for believing”
Stage
Report stage
Type
EditBillBody
Clause
5
Lord Paddick

Clause 11 2

Amendment #10372#10372Not movedAmends text
Amendment text
at end insert “, including with regard to the service of notice—
on a controller or a data subject, or
Stage
Report stage
Type
EditBillBody
Clause
11
Lord Paddick
Amendment #10376#10376WithdrawnAmends text
Amendment text
leave out “may” and insert “shall”
Stage
Report stage
Type
EditBillBody
Clause
11
Lord Paddick

Clause 12 1

Amendment #10282#10282Not movedRemoves provision
Amendment text
Leave out Clause 12 and insert the following new Clause—
“Confidential journalistic data
Stage
Report stage
Type
DeleteClauseOrSchedule
Clause
12
Lord Rosser

Clause 16 1

Amendment #10375#10375WithdrawnNew clause / schedule
Amendment text
Insert the following new Clause—
“Priority

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
AddClauseOrSchedule
Clause
16
Lord Paddick

Clause 17 1

Amendment #10257#10257AgreedAmends text
Amendment text
at end insert—
References in this Act to proceedings relating to an overseas production order include proceedings for the making, variation or revocation of an order under section 8(4) or 13(3) or (4)(b).”
Stage
Report stage
Type
EditBillBody
Clause
17
Baroness Williams of Trafford