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Written evidence reported to the House - Sitting 14

17 November 2022

Proposing MP
Christopher Chope Con
Christchurch
Type
Public Bill Committee

At a Glance

Issue Summary

The statement discusses amendments to clauses related to false statement offences in the Economic Crime (Transparency and Enforcement) Act 2022. The statement discusses government new clauses aimed at resolving inconsistencies in the register of overseas entities and enhancing the registrar's power to remove unnecessary material. The statement discusses changes to the Companies Act via regulations using Henry VIII powers and provisions for parliamentary scrutiny.

Action Requested

The government proposes updating the false statements offences and penalties in the Reports on Payments to Governments Regulations 2014 to align with other offences. This includes expanding the basic offence and introducing an aggravated offence for legal entities, as well as amending penalties for summary conviction in England and Wales.

Key Facts

  • Clause 137 amends section 32 of the ECTE Act on the general false statement offence.
  • The amendment expands the offences to include legal entities and their officers in default.
  • Clause 157 updates false statements offences and penalties in the Reports on Payments to Governments Regulations 2014.
  • New clause 19 amends section 27 of the ECTE Act to allow the registrar to use any information they possess, not just published on the register, to resolve inconsistencies.
  • Government new clause 20 enhances the registrar’s power to remove material from the register under section 28 of the ECTE Act.
  • The Secretary of State has the power to specify types of material that can be removed upon application and must make regulations setting out notice requirements for unilateral removals.
  • The Government's use of Henry VIII powers in the Companies Act.
  • Regulations will be subject to the affirmative procedure for scrutiny.
  • New clauses 19 and 20 ensure consistency and material removal provisions apply equally to overseas entities.
  • Support from Opposition on new clauses.
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