Proceeding contribution from Lord Bach (Labour) in the House of Lords on Tuesday, 21 July 2009. It occurred during Committee of the Whole House (HL) and Debate on bill on Coroners and Justice Bill.
Coroners and Justice Bill
Amendments 206ZA to 206ZD 206ZA: Schedule 18, page 182, line 30, at end insert— "(1A) After sub-paragraph (1) of paragraph 1 insert— "(1A) Sub-paragraph (1B) applies if a circuit judge or a District Judge (Magistrates’ Courts) is satisfied by information on oath supplied by the Commissioner that a data controller has failed to comply with a requirement imposed by an assessment notice. (1B) The judge may, for the purpose of enabling the Commissioner to determine whether the data controller has complied or is complying with the data protection principles, grant a warrant to the Commissioner in relation to any premises that were specified in the assessment notice; but this is subject to sub-paragraph (2) and paragraph 2."" 206ZB: Schedule 18, page 182, line 31, leave out "In paragraph 1(3)" and insert "In sub-paragraph (3) of that paragraph— (a) for "sub-paragraph (1)" substitute "this Schedule", and" 206ZC: Schedule 18, page 182, line 38, leave out from "which" to end of line 39 and insert "— (i) in the case of a warrant issued under sub-paragraph (1), may be such evidence as is mentioned in that paragraph; (ii) in the case of a warrant issued under sub-paragraph (1B), may enable the Commissioner to determine whether the data controller has complied or is complying with the data protection principles;" 206ZD: Schedule 18, page 183, line 5, at end insert— "( ) After sub-paragraph (1) of paragraph 2 insert— "(1A) In determining whether the Commissioner has given an occupier the seven days’ notice referred to in sub-paragraph (1)(a) any assessment notice served on the occupier is to be disregarded." ( ) In paragraph 5 for "evidence in question would not be found" substitute "object of the warrant would be defeated"." Amendments 206ZA to 206ZD agreed. Schedule 18, as amended, agreed. Clause 159 : Orders, regulations and rules Amendment 206A not moved.
Secondary information
- Type
- Proceeding contribution
- Reference
- 712 c1575-6
- Session
- 2008-09
- Chamber / Committee
- House of Lords chamber
- Subjects
- Data protection Criminal proceedings Criminal records Community Legal Service Coroners EU law Legal representation Legal costs Electronic commerce Personal records Northern Ireland Police Proceeds of crime Photographs Offensive weapons
- Legislation
- Coroners and Justice Bill 2008-09
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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