SP Paper 568 (Web Only)
JUS/S4/14/R8
8th Report, 2014 (Session 4)
Proceeds of Crime Act 2002 (Amendment of Schedule 4) (Scotland) Order 2014
Remit and membership
Remit:
To consider and report on:
a) the administration of criminal and civil justice, community safety and other matters falling within the responsibility of the Cabinet Secretary for Justice; and
b) the functions of the Lord Advocate other than as head of the systems of criminal prosecution and investigation of deaths in Scotland.
Membership:
Christian Allard
Roderick Campbell
John Finnie
Christine Grahame (Convener)
Alison McInnes
Margaret Mitchell
Elaine Murray (Deputy Convener)
John Pentland
Sandra White
Committee Clerking Team:
Irene Fleming
Joanne Clinton
Neil Stewart
Christine Lambourne
Proceeds of Crime Act 2002 (Amendment of Schedule 4) (Scotland) Order 2014
The Committee reports to the Parliament as follows—
1. At its meeting on 17 June 2014, the Committee considered the following instrument—
Proceeds of Crime Act 2002 (Amendment of Schedule 4) (Scotland) Order 2014 [draft].
2. The instrument was referred to the Justice Committee as lead committee and was subject to affirmative procedure. The Minister for Community Safety and Legal Affairs, Roseanna Cunningham, gave evidence on the instrument and then moved the motion recommending approval1.
Proceeds of Crime Act 2002 (Amendment of Schedule 4) (Scotland) Order 2014 [draft]
The draft instrument
3. The draft Order was laid under section 142(6) of the Proceeds of Crime Act 2002. The instrument will amend Schedule 4 to the 2002 Act to respecify the consumer credit-related offence of illegal money lending, in its new guise as an offence under section 23(1) of the Financial Services and Markets Act 2000 (FSMA), in so far as it concerns the carrying on, or purported carrying on, of a credit-related regulated activity (as defined by section 23(1B) of the FSMA).
Consultation
4. The policy note confirms that t here is no statutory requirement to consult before making an order under section 142 of the Proceeds of Crime Act 2002. When the list of criminal lifestyle offences was extended in 2011 there was a full consultation, and support for inclusion of illegal money lending. Trading Standards and the Crown Office and Procurator Fiscal Service were consulted on the proposal for this Order and are fully supportive of it.
Delegated Powers and Law Reform Committee consideration
5. The Delegated Powers and Law Reform Committee considered this instrument at its meeting on 27 May 2014 and agreed that it did not need to draw the attention of the Parliament to it on any grounds within its remit2.
Justice Committee consideration
6. The draft Order was considered by the Justice Committee on 17 June 2014, when it took evidence from Roseanna Cunningham, Minister for Community Safety and Legal Affairs3.
7. In her brief opening remarks the Minister stated that the Order was required to overcome a lacuna that had recently arisen in the 2002 Act as a result of the repeal, on 1 April 2014, of the Consumer Credit Act 1974.
8. Ms Cunningham explained that Scottish courts can make confiscation orders under Part 3 of the 2002 Act where they decide that an offender has a criminal lifestyle if they are convicted of an offence specified in schedule 4 to the Act. She stated that the offence provision of illegal money lending had been added to the list of lifestyle offences in 2011, but was no longer available since the repeal of the Consumer Credit Act 1974. She confirmed that the Order would respecify the offence under section 23(1) of the Financial Services and Markets Act 2000.
9. The Minister then moved motion S4M-10291. The motion was agreed to.
10. The Justice Committee recommends to the Parliament that it approve the draft instrument.
Any links to external websites in this report were working correctly at the time of publication. However, the Scottish Parliament cannot accept responsibility for content on external websites.
1 S4M-10291—That the Justice Committee recommends that the Proceeds of Crime Act 2002 (Amendment of Schedule 4) (Scotland) Order 2014 [draft] be approved.
2 Scottish Parliament Delegated Powers and Law Reform Committee. 37th Report, 2014 (Session 4) Subordinate Legislation. Available at: http://www.scottish.parliament.uk/parliamentarybusiness/CurrentCommittees/77052.aspx
3 Scottish Parliament Justice Committee. Official Report, 17 June 2014. Cols 4693-4695. Available at: http://www.scottish.parliament.uk/parliamentarybusiness/28862.aspx?r=9256&mode=pdf
Produced and published in Scotland on behalf of the Scottish Parliamentary Corporate Body, The Scottish Parliament, Edinburgh, EH99 1SP by APS Group Scotland, 21 Tennant Street, Edinburgh EH6 5NA
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