Criminal Justice and Courts Bill

Amendments
to be moved
on report

Schedule 1

LORD FAULKS

 

Page 82, line 31, leave out from “Act” to end of line 32

 

Page 83, line 11, leave out from “Act” to end of line 12

 

Page 83, line 30, leave out sub-paragraph (3) and insert—

“( )     In subsection (5A) (inserted by section 14 of this Act)—

(a)   for “to a prisoner” substitute “to—


(a)   a prisoner”, and

(b)   at the end insert “, or


(b)   a prisoner serving a sentence imposed under
section 236A.””

 

Page 84, line 8, leave out sub-paragraph (3)

Before Clause 8

LORD FAULKS

 

Insert the following new Clause—

“Recall adjudicators

(1)     After section 239 of the Criminal Justice Act 2003 insert—

“239A           Recall adjudicators

(1)     In this Chapter, “recall adjudicator” means a person for the time
being appointed as such by the Secretary of State.

(2)     The Secretary of State may appoint the Board or another person.

(3)     The Secretary of State may, in particular, appoint a person—

(a)   to carry out all or only some of the functions of a recall
adjudicator;

(b)   to carry out such functions only in relation to a specified
area;

(c)   to carry out such functions only in relation to a specified
description of case.

(4)     The Secretary of State may make rules with respect to the
proceedings of recall adjudicators.

(5)     The Secretary of State may appoint a recall adjudicator (referred to
in this section as “the chief recall adjudicator”) to oversee the
activities of recall adjudicators.

(6)     The chief recall adjudicator may, in particular—

(a)   issue guidance with respect to the carrying out of the
functions of recall adjudicators, and

(b)   make recommendations to the Secretary of State about the
termination of appointments under this section.

(7)     Before issuing guidance the chief recall adjudicator must consult
the recall adjudicators and the Secretary of State.

(8)     A recall adjudicator must carry out his or her functions in
accordance with guidance issued from time to time by the chief
recall adjudicator.

(9)     The Secretary of State may make payments to a recall adjudicator.

(10)     A person is not to be regarded as acting on behalf of the Crown, or
as enjoying any status, immunity or privilege of the Crown, by
virtue of an appointment under this section.”

(2)     The amendments of Chapter 6 of Part 12 of the Criminal Justice Act 2003
(release etc of fixed-term prisoners) in section 8 of this Act confer functions
on recall adjudicators in connection with the release of fixed-term prisoners
following their recall.

(3)     Schedule (Recall adjudicators: further provision) to this Act contains further
provision relating to recall adjudicators.”

Clause 8

LORD FAULKS

 

Page 7, line 41, after “(4)” insert “—

(i)   ”

 

Page 7, line 42, at end insert “and

(ii)   for “the Board” substitute “a recall adjudicator”,”

 

Page 8, line 2, leave out “Board” and insert “recall adjudicator”

 

Page 8, line 10, leave out “Board” and insert “recall adjudicator”

 

Page 8, line 11, leave out “the Board is”

 

Page 8, line 14, leave out “Board” and insert “recall adjudicator”

 

Page 8, line 16, leave out “Board” and insert “recall adjudicator”

 

Page 8, line 18, leave out “Board” and insert “recall adjudicator”

 

Page 8, line 33, at end insert—

“( )   in subsection (4), for “the Board” substitute “a recall adjudicator”,”

 

Page 8, line 35, leave out “Board” and insert “recall adjudicator”

 

Page 8, line 43, leave out “Board” and insert “recall adjudicator”

 

Page 8, line 44, leave out “the Board is”

 

Page 9, line 1, leave out “Board” and insert “recall adjudicator”

 

Page 9, line 3, leave out “Board” and insert “recall adjudicator”

 

Page 9, line 5, leave out “Board” and insert “recall adjudicator”

 

Page 9, line 13, leave out “the Board” and insert “a recall adjudicator”

 

Page 9, line 15, leave out “the Board” and insert “a recall adjudicator”

 

Page 9, line 19, leave out “Board” and insert “recall adjudicator”

 

Page 9, line 22, leave out “Board” and insert “recall adjudicator”

 

Page 9, line 28, after “(2)” insert “—

(i)   ”

 

Page 9, line 28, at end insert “and

(ii)   for “the Board” substitute “a recall adjudicator”,”

 

Page 9, line 28, at end insert—

“( )   in subsection (3), for “The Board” substitute “A recall adjudicator”,”

 

Page 9, line 29, after “(4)” insert “—

(i)   for “Board” substitute “recall adjudicator”, and

(ii)   ”

 

Page 9, line 36, leave out “Board” and insert “recall adjudicator”

 

Page 9, line 37, leave out “the Board is”

 

Page 9, line 39, leave out “Board” and insert “recall adjudicator”

 

Page 9, line 41, leave out “Board” and insert “recall adjudicator”

 

Page 9, line 44, leave out “Board” and insert “recall adjudicator”

Clause 9

LORD FAULKS

 

Page 10, line 25, leave out “Board” and insert “recall adjudicator”

Clause 14

LORD FAULKS

 

Page 15, line 17, at end insert—

“( )     In section 250 (licence conditions), for subsection (5A) substitute—

“(5A)    Subsection (5B) applies to a licence granted, either on initial release
or after recall to prison, to a prisoner serving an extended sentence
imposed under section 226A or 226B, other than a sentence that
meets the conditions in section 246A(2) (release without direction of
the Board).

(5B)    The Secretary of State must not—

(a)   include a condition referred to in subsection (4)(b)(ii) in the
licence, either on release or subsequently, or

(b)   vary or cancel any such condition included in the licence,

unless the Board directs the Secretary of State to do so.”

( )     In section 260(2B) (early removal from prison of extended sentence
prisoners liable to removal from United Kingdom), for “section 246A”
substitute “this Chapter”.”

Before Schedule 3

LORD FAULKS

 

Insert the following new Schedule—

“SCHEDULE

RECALL ADJUDICATORS: FURTHER PROVISION

Mental Health Act 1983 (c. 20)

1      The Mental Health Act 1983 is amended as follows.

2      In section 50(3)(a) (further provisions as to prisoners under sentence:
disregarding Parole Board powers when identifying release date), after
“Board” insert “or a recall adjudicator (as defined in section 239A of the
Criminal Justice Act 2003)”.

3   (1)     Section 74 (restricted patients subject to restriction directions) is
amended as follows.

(2)     In subsection (5A)(a) and (b), after “Board” (in each place) insert “or a
recall adjudicator”.

(3)     At the end insert—

“(8)     In this section “recall adjudicator” has the meaning given in
section 239A of the Criminal Justice Act 2003.”

Criminal Justice Act 2003 (c. 44)

4      The Criminal Justice Act 2003 is amended as follows.

5      Before section 239 insert—

“Parole Board and recall adjudicators”.

6      In section 239(1)(b) (functions of the Parole Board), after “by” insert “or
under”.

7   (1)     Section 250 (licence conditions) is amended as follows.

(2)     In subsection (5A) (inserted by section 14 of this Act), for “Subsection
(5B) applies to a licence granted, either on initial release or after recall to
prison,” substitute “Subsections (5B) and (5C) apply”.

(3)     In subsection (5B) (inserted by section 14 of this Act), at the beginning
insert “In the case of a licence granted when the prisoner is initially
released,”.

(4)     After that subsection insert—

“(5C)    In the case of a licence granted when the prisoner is released after
recall to prison, the Secretary of State must not—

(a)   include a condition referred to in subsection (4)(b)(ii) in
the licence, either on release or subsequently, or

(b)   vary or cancel any such condition included in the licence,

unless a recall adjudicator directs the Secretary of State to do so.”

8      In section 260(2B) (early removal from prison of extended sentence
prisoners liable to removal from United Kingdom), after “Board” insert
“or a recall adjudicator”.

9      In section 268 (interpretation of Chapter 6 of Part 12), at the appropriate
place insert—

““recall adjudicator” has the meaning given in section
239A.”

10     In paragraph 34 of Schedule 20B (licence conditions in certain
transitional cases), for sub-paragraph (6) substitute—

“(6)     In the case of a Parole Board licence granted when the prisoner
is initially released, the Secretary of State must not—

(a)   include a condition referred to in section 250(4)(b)(ii) in
the licence, either on release or subsequently, or

(b)   vary or cancel any such condition,

unless the Board directs the Secretary of State to do so.

(7)     In the case of a Parole Board licence granted when the prisoner
is released after recall to prison, the Secretary of State must
not—

(a)   include a condition referred to in section 250(4)(b)(ii) in
the licence, either on release or subsequently, or

(b)   vary or cancel any such condition,

unless a recall adjudicator directs the Secretary of State to do
so.”

11     In paragraph 37(2) of that Schedule (early removal from prison of
prisoners liable to removal from United Kingdom in certain transitional
cases)—

(a)   after “Board” insert “or the recall adjudicator”, and

(b)   for “paragraph 6, 15, 25 or 28” substitute “this Chapter”.

Domestic Violence, Crime and Victims Act 2004 (c. 28)

12     In Schedule 9 to the Domestic Violence, Crime and Victims Act 2004
(authorities within the remit of the Commissioner for Victims and
Witnesses), after paragraph 26 insert—

“26A          A recall adjudicator (as defined in section 239A of the Criminal
Justice Act 2003).”

Offender Management Act 2007 (c. 21)

13     The Offender Management Act is amended as follows.

14     In section 3(7)(a) (arrangements for the provision of probation services:
risk of conflict of interests), for “or to the Parole Board for England and
Wales” substitute “, to the Parole Board for England and Wales or to a
recall adjudicator (as defined in section 239A of the Criminal Justice Act
2003)”.

15     In section 14(2) (disclosure of information for offender management
purposes), after paragraph (d) insert—

“(da)   a recall adjudicator (as defined in section 239A of the
Criminal Justice Act 2003);”.

Coroners and Justice Act 2009 (c. 25)

16     In section 131(4)(d) of the Coroners and Justice Act 2009 (annual report
of Sentencing Council for England and Wales: effect of factors not related
to sentencing), after “Board” insert “or a recall adjudicator (as defined in
section 239A of the Criminal Justice Act 2003)”.

Equality Act 2010 (c. 15)

17     In Part 1 of the Schedule 19 to the Equality Act 2010 (public authorities:
general), after the entry for the Parole Board for England and Wales
insert—

“A recall adjudicator (as defined in section 239A of the
Criminal Justice Act 2003).””

Clause 21

LORD FAULKS

 

Page 20, line 34, at end insert—

“( )     A person is not a care provider for the purposes of section 20 to the extent
that the person carries out a function of a local authority in England
mentioned in subsection (1) in respect of which either of the following has
effect—

(a)   a direction under section 15(6)(a) of the Local Government Act 1999
(power of Secretary of State to direct functions of a best value
authority to be carried out by another person);

(b)   a direction under section 497A(4) or (4A) of the Education Act 1996
(power of Secretary of State to direct certain functions to be carried
out by another person).”

 

Page 21, line 3, at end insert—

“( )     A person is not a care provider for the purposes of section 20 to the extent
that the person carries out a function of a local authority in Wales
mentioned in subsection (3) in respect of which any of the following has
effect—

(a)   a direction under section 29(6)(a) of the Local Government (Wales)
Measure 2009 (nawm 2) (power of Welsh Ministers to direct certain
functions of a Welsh improvement authority to be carried out by
another person);

(b)   a direction under section 25 or 26 of the School Standards and
Organisation (Wales) Act 2013 (anaw 1) (powers of Welsh Ministers
to direct education functions to be carried out by another person);

(c)   a direction under section 154 or 155 of the Social Services and Well-
Being (Wales) Act 2014 (anaw 4) (powers of Welsh Ministers to
direct social services functions to be carried out by another
person).”

 

Page 21, line 3, at end insert—

“( )     A registered adoption society or registered adoption support agency is not
a care provider for the purposes of section 20 to the extent that it provides
adoption support services (as defined in section 2(6) of the Adoption and
Children Act 2002).”

 

Page 21, line 11, at end insert—

““registered adoption society” means an adoption society (as defined
in section 2 of the Adoption and Children Act 2002) which is a
voluntary organisation (as defined in that section) and in respect of
which a person is registered under Part 2 of the Care Standards Act
2000;

“registered adoption support agency” means an adoption support
agency (as defined in section 8 of the Adoption and Children Act
2002) in respect of which a person is registered under Part 2 of the
Care Standards Act 2000.”

Clause 25

LORD FAULKS

 

Page 24, line 5, leave out “England and Wales or in the adjacent” and insert “the
United Kingdom or in”

 

Page 24, line 15, at end insert “in England and Wales or Northern Ireland”

Before Clause 29

LORD FAULKS

 

Insert the following new Clause—

“Extension of disqualification where custodial sentence also imposed

(1)     In section 35A of the Road Traffic Offenders Act 1988 (extension of
disqualification where custodial sentence also imposed)—

(a)   in subsection (4)(e) and (f), omit “calculated after that term has been
reduced by any relevant discount”,

(b)   in subsection (4)(h), omit “calculated after that sentence has been
reduced by any relevant discount”, and

(c)   omit subsection (6) (definition of “relevant discount”).

(2)     In section 147A of the Powers of Criminal Courts (Sentencing) Act 2000
(extension of disqualification where custodial sentence also imposed)—

(a)   in subsection (4)(e) and (f), omit “calculated after that term has been
reduced by any relevant discount”,

(b)   in subsection (4)(h), omit “calculated after that sentence has been
reduced by any relevant discount”, and

(c)   omit subsection (6) (definition of “relevant discount”).

(3)     In consequence of the amendments made by subsections (1) and (2), omit
paragraphs 8 and 12 of Schedule 13 to the Legal Aid, Sentencing and
Punishment of Offenders Act 2012.”

 

Insert the following new Clause—

“Mutual recognition of driving disqualification in UK and Republic of Ireland

(1)     Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 (EU
Convention on driving disqualifications) is amended as follows.

(2)     For the heading of the Chapter substitute “Mutual recognition of driving
disqualification in UK and Republic of Ireland”.

(3)     In section 54 (application of duty of the UK to give notice of driving
disqualification)—

(a)   in subsection (1), for paragraph (a) substitute—

“(a)   an individual (“the offender”) is convicted of a
qualifying UK road traffic offence,

(aa)   when convicted, the offender—

(i)   is normally resident in the Republic of
Ireland, or

(ii)   is not normally resident in the Republic of
Ireland but holds a Republic of Ireland
licence,”, and

(b)   after subsection (1) insert—

“(1A)    A qualifying UK road traffic offence is—

(a)   an offence under the law of England and Wales or
Scotland mentioned in Schedule 3;

(b)   an offence under the law of Northern Ireland
mentioned in Schedule 3A.”

(4)     In section 56(1) (application of duty of the UK to recognise driving
disqualification imposed outside the UK), for paragraph (a) substitute—

“(a)   an individual (“the offender”) is convicted in the Republic of
Ireland of an offence described in Schedule 3B,

(aa)   when convicted, the offender—

(i)   is normally resident in the United Kingdom, or

(ii)   is not normally resident in the United Kingdom but
holds a Great Britain licence or a Northern Ireland
licence,”.

(5)     After section 71 insert—

“71A          The specified agreement on driving disqualifications

(1)     In this Chapter, “the specified agreement on driving
disqualifications” means the agreement specified from time to time
by the Secretary of State by regulations for the purposes of this
Chapter.

(2)     The Secretary of State may only specify an agreement made—

(a)   between the United Kingdom and the Republic of Ireland,
and

(b)   for the purpose of giving effect in one of those States to
disqualification from driving imposed in the other on
conviction for an offence.

(3)     In this section, “disqualification from driving” means
disqualification from holding or obtaining a licence to drive a motor
vehicle.”

(6)     In Schedule (Mutual recognition of driving disqualification in UK and Republic
of Ireland
) to this Act—

(a)   Part 1 contains further provision for the purpose of implementing
an agreement between the United Kingdom and the Republic of
Ireland on the mutual recognition of driving disqualification;

(b)   Part 2 contains provision about the transition from the EU
Convention on driving disqualification to that agreement.”

After Clause 29

LORD FAULKS

 

Insert the following new Clause—

“Disclosing private sexual photographs and films with intent to cause distress

(1)     It is an offence for a person to disclose a private sexual photograph or film
if the disclosure is made—

(a)   without the consent of an individual who appears in the
photograph or film, and

(b)   with the intention of causing that individual distress.

(2)     But it is not an offence for the person to disclose the photograph or film to
the individual mentioned in subsection (1)(a) and (b).

(3)     It is a defence for a person charged with an offence under this section to
prove that he or she reasonably believed that the disclosure was necessary
for the purposes of preventing, detecting or investigating crime.

(4)     It is a defence for a person charged with an offence under this section to
show that—

(a)   the disclosure was made in the course of, or with a view to, the
publication of journalistic material, and

(b)   he or she reasonably believed that, in the particular circumstances,
the publication of the journalistic material was, or would be, in the
public interest.

(5)     It is a defence for a person charged with an offence under this section to
show that—

(a)   he or she reasonably believed that the photograph or film had
previously been disclosed for reward, whether by the individual
mentioned in subsection (1)(a) and (b) or another person, and

(b)   he or she had no reason to believe that the previous disclosure for
reward was made without the consent of the individual mentioned
in subsection (1)(a) and (b).

(6)     A person is taken to have shown the matters mentioned in subsection (4) or
(5) if—

(a)   sufficient evidence of the matters is adduced to raise an issue with
respect to it, and

(b)   the contrary is not proved beyond reasonable doubt.

(7)     For the purposes of subsections (1) to (5)—

(a)   “consent” to a disclosure includes general consent covering the
disclosure, as well as consent to the particular disclosure, and

(b)   “publication” of journalistic material means disclosure to the public
at large or to a section of the public.

(8)     A person charged with an offence under this section is not to be taken to
have disclosed a photograph or film with the intention of causing distress
merely because that was a natural and probable consequence of the
disclosure.

(9)     A person guilty of an offence under this section is liable—

(a)   on conviction on indictment, to imprisonment for a term not
exceeding 2 years or a fine (or both), and

(b)   on summary conviction, to imprisonment for a term not exceeding
12 months or a fine (or both).

(10)     Schedule (Disclosing private sexual photographs or films: providers of
information society services
) makes special provision in connection with the
operation of this section in relation to persons providing information
society services.

(11)     In relation to an offence committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, the reference in subsection (9)(b) to 12
months is to be read as a reference to 6 months.

(12)     In relation to an offence committed before section 85 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 comes into force, the
reference in subsection (9)(b) to a fine is to be read as a reference to a fine
not exceeding the statutory maximum.”

 

Insert the following new Clause—

“Meaning of “disclose” and “photograph or film”

(1)     The following apply for the purposes of section (Disclosing private sexual
photographs and films with intent to cause distress
), this section and section
(Meaning of “private” and “sexual”).

(2)     A person “discloses” something to a person if, by any means, he or she
gives or shows it to the person or makes it available to the person.

(3)     Something that is given, shown or made available to a person is
disclosed—

(a)   whether or not it is given, shown or made available for reward, and

(b)   whether or not it has previously been given, shown or made
available to the person.

(4)     “Photograph or film” means a still or moving image in any form that—

(a)   appears to consist of or include one or more photographed or
filmed images, and

(b)   in fact consists of or includes one or more photographed or filmed
images.

(5)     The reference in subsection (4)(b) to photographed or filmed images
includes photographed or filmed images that have been altered in any way.

(6)     “Photographed or filmed image” means a still or moving image that—

(a)   was originally captured by photography or filming, or

(b)   is part of an image originally captured by photography or filming.

(7)     “Filming” means making a recording, on any medium, from which a
moving image may be produced by any means.

(8)     References to a photograph or film include—

(a)   a negative version of an image described in subsection (4), and

(b)   data stored by any means which is capable of conversion into an
image described in subsection (4).”

 

Insert the following new Clause—

“Meaning of “private” and “sexual”

(1)     The following apply for the purposes of section (Disclosing private sexual
photographs and films with intent to cause distress
).

(2)     A photograph or film is “private” if it shows something that is not of a kind
ordinarily seen in public.

(3)     A photograph or film is “sexual” if—

(a)   it shows all or part of an individual’s exposed genitals or pubic
area,

(b)   it shows something that a reasonable person would consider to be
sexual because of its nature, or

(c)   its content, taken as a whole, is such that a reasonable person would
consider it to be sexual.

(4)     Subsection (5) applies in the case of —

(a)   a photograph or film that consists of or includes a photographed or
filmed image that has been altered in any way,

(b)   a photograph or film that combines two or more photographed or
filmed images, and

(c)   a photograph or film that combines a photographed or filmed
image with something else.

(5)     The photograph or film is not private and sexual if—

(a)   it does not consist of or include a photographed or filmed image
that is itself private and sexual,

(b)   it is only private or sexual by virtue of the alteration or combination
mentioned in subsection (4), or

(c)   it is only by virtue of the alteration or combination mentioned in
subsection (4) that the person mentioned in section (Disclosing
private sexual photographs and films with intent to cause distress
)(1)(a)
and (b) is shown as part of, or with, whatever makes the
photograph or film private and sexual.”

Before Schedule 5

LORD FAULKS

 

Insert the following new Schedule—

“SCHEDULE

MUTUAL RECOGNITION OF DRIVING DISQUALIFICATION IN UK AND REPUBLIC OF
IRELAND

PART 1

FURTHER PROVISION

Crime (International Co-operation) Act 2003 (c. 32)

1      Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003
(EU Convention on driving disqualifications) is amended as follows.

2   (1)     Section 54 (road traffic offences in UK: application of section 55) is
amended as follows.

(2)     In subsection (2)—

(a)   in paragraph (a), after “Schedule 3” insert “or Part 1 of Schedule
3A”, and

(b)   in paragraph (b), for “that Schedule” substitute “Schedule 3 or
Part 2 of Schedule 3A”.

(3)     For subsection (3) substitute—

“(3)     The minimum period is—

(a)   for an offence mentioned in Part 2 of Schedule 3 in
relation to which the Secretary of State has by regulations
specified a period of less than six months, that period;

(b)   for an offence mentioned in Part 2 of Schedule 3A in
relation to which the Department has by regulations
specified a period of less than six months, that period;

(c)   for any other offence, a period of six months.”

(4)     After that subsection insert—

“(3A)    When determining whether the period of disqualification in
respect of an offence mentioned in Part 2 of Schedule 3 is not less
than the minimum period, an extension period imposed under
any of the following is to be disregarded—

(a)   section 35A or 35C of the Road Traffic Offenders Act 1988;

(b)   section 248D of the Criminal Procedure (Scotland) Act
1995;

(c)   section 147A of the Powers of Criminal Courts
(Sentencing) Act 2000.

(3B)    When determining whether the period of disqualification in
respect of an offence mentioned in Part 2 of Schedule 3A is not
less than the minimum period, an extension period imposed
under any of the following is to be disregarded—

(a)   Article 8A of the Criminal Justice (Northern Ireland)
Order 1980 (S.I. 1980/704 (N.I. 6));

(b)   Article 40A of the Road Traffic Offenders (Northern
Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10));

(c)   Article 91A of the Criminal Justice (Northern Ireland)
Order 2008 (S.I. 2008/1216 (N.I. 1)).”

(5)     After subsection (5) insert—

“(6)     The Secretary of State may by regulations amend Schedule 3.

(7)     The Department may by regulations amend Schedule 3A.”

3   (1)     Section 55 (duty to give notice to foreign authorities of driving
disqualification of a non-UK resident) is amended as follows.

(2)     For the heading substitute “Duty to give notice to Republic of Ireland of
UK driving disqualification”.

(3)     In subsection (1), for “the State in which the offender is normally
resident” substitute “the Republic of Ireland”.

(4)     In subsection (2)(f), for “the convention on driving disqualifications”
substitute “the specified agreement on driving disqualifications”.

(5)     In subsection (9)—

(a)   in paragraph (b), for “the State mentioned in subsection (1)”
substitute “the Republic of Ireland”, and

(b)   for “the convention on driving disqualifications” substitute “the
specified agreement on driving disqualifications”.

4      For the italic heading before section 56 substitute “Road traffic offences
in Republic of Ireland”.

5   (1)     Section 56 (road traffic offences in Republic of Ireland: application of
section 57) is amended as follows.

(2)     For subsection (2) substitute—

“(2)     The driving disqualification condition is met—

(a)   in relation to an offence mentioned in Part 1 of Schedule
3B, if the offender is disqualified in the Republic of
Ireland as a result of the offence;

(b)   in relation to an offence mentioned in Part 2 of that
Schedule, if the offender is disqualified in the Republic of
Ireland for a period not less than the minimum period as
a result of the offence.”

(3)     In subsection (3)—

(a)   for “a State” substitute “the Republic of Ireland”,

(b)   for “in that State” substitute “there”, and

(c)   for “the law of that State” substitute “the law of the Republic of
Ireland”.

(4)     For subsection (4) substitute—

“(4)     The minimum period is—

(a)   for an offence in relation to which the Secretary of State
has by regulations specified a period of less than six
months, that period;

(b)   for any other offence, a period of six months.”

(5)     Omit subsection (5).

(6)     In subsection (6), for “the part of the United Kingdom in which the
offender is normally resident” substitute “the relevant part of the United
Kingdom”.

(7)     After that subsection insert—

“(6A)    In subsection (6), “the relevant part of the United Kingdom”
means—

(a)   where the offender was normally resident in the United
Kingdom when convicted, the part of the United
Kingdom in which the offender was normally resident at
that time;

(b)   where the offender was not normally resident in the
United Kingdom when convicted but held a Great Britain
licence or a Northern Ireland licence, the part of the
United Kingdom in which the offender was last normally
resident before conviction.”

(8)     Omit subsection (7).

(9)     In subsection (8)—

(a)   for “treating” substitute “about when”,

(b)   after the first “United Kingdom” insert “are to be treated for the
purposes of this section”, and

(c)   for “a member state other than the United Kingdom” substitute
“the Republic of Ireland”.

(10)     After subsection (9) insert—

“(10)    The Secretary of State may by regulations amend Schedule 3B.”

6   (1)     Section 57 (recognition in United Kingdom of foreign driving
disqualification) is amended as follows.

(2)     In the heading, for “foreign” substitute “Republic of Ireland”.

(3)     In the following provisions, for “the foreign disqualification” substitute
“the Republic of Ireland disqualification”—

(a)   subsection (1)(a);

(b)   subsection (2) (in both places);

(c)   subsection (4)(b);

(d)   subsection (5)(b);

(e)   subsection (6);

(f)   subsection (8) (in both places).

(4)     In subsection (1)(a) and (b), for “one month” substitute “three months”.

(5)     In subsection (2)(b), for “the State in which the offender was convicted”
substitute “the Republic of Ireland”.

(6)     In subsection (3)—

(a)   for “a State” substitute “the Republic of Ireland”, and

(b)   for “in that State” substitute “there”.

7      In section 58(1)(a) and (b) (notice under section 57), for “the foreign
disqualification” substitute “the Republic of Ireland disqualification”.

8   (1)     Section 63 (production of licence: Great Britain) is amended as follows.

(2)     In subsection (4), for “the competent authority of the relevant State”
substitute “the competent authority of the Republic of Ireland or the
Department”.

(3)     Omit subsection (5).

9   (1)     Section 64 (production of licence: Northern Ireland) is amended as
follows.

(2)     In subsection (4), for “the competent authority of the relevant State”
substitute “the competent authority of the Republic of Ireland or the
Secretary of State”.

(3)     Omit subsection (5).

10     In section 65(3) (production of licence: Community licence holders), for
the words from “the same” to the end substitute “the Republic of
Ireland”.

11     In section 68 (endorsement of licence: Great Britain), for subsection (1)
substitute—

“(1)     This section applies where a person who—

(a)   is normally resident in Great Britain, or

(b)   is not normally resident in Great Britain but holds a Great
Britain licence,

is disqualified by virtue of section 57.”

12     In section 69 (endorsement of licence: Northern Ireland), for subsection
(1) substitute—

“(1)     This section applies where a person who—

(a)   is normally resident in Northern Ireland, or

(b)   is not normally resident in Northern Ireland but holds a
Northern Ireland licence,

is disqualified by virtue of section 57.”

13     In section 70(1) (duty of appropriate Minister to inform competent
authority)—

(a)   for “any State” substitute “the Republic of Ireland”, and

(b)   for “the convention on driving disqualifications” substitute “the
specified agreement on driving disqualifications”.

14  (1)     Section 72 (regulations: Great Britain) is amended as follows.

(2)     In subsection (2), at the end insert “, subject to subsection (2A)”.

(3)     After subsection (2) insert—

“(2A)    A statutory instrument containing regulations under section
54(6), 56(10) or 71A may not be made unless a draft of the
instrument has been laid before, and approved by a resolution of,
each House of Parliament.”

15  (1)     Section 73 (regulations: Northern Ireland) is amended as follows.

(2)     In subsection (2), at the end insert “, subject to subsection (2A)”.

(3)     After subsection (2) insert—

“(2A)    Regulations made under section 54(7) may not be made unless a
draft of the regulations has been laid before, and approved by a
resolution of, the Northern Ireland Assembly.”

16  (1)     Section 74(1) (interpretation) is amended as follows.

(2)     For the definition of “central authority” substitute—

““central authority” means an authority designated by the
Republic of Ireland as a central authority for the purposes
of the specified agreement on driving disqualifications;”.

(3)     For the definition of “competent authority” substitute—

““competent authority” means an authority which is a
competent authority in relation to the Republic of Ireland
for the purposes of the specified agreement on driving
disqualifications;”.

(4)     Omit the definition of “the convention on driving disqualifications”.

(5)     In the definition of “disqualified”, after “and” insert “, except in section
71A,”.

(6)     Omit the definition of “foreign disqualification”.

(7)     At the end insert—

““Republic of Ireland disqualification” means the
disqualification mentioned in section 56;

“Republic of Ireland licence” means a licence to drive a
motor vehicle granted under the law of the Republic of
Ireland, including a learner permit.”

17     In section 74(2) (interpretation of references to disqualification for life),
for “foreign disqualification” substitute “Republic of Ireland
disqualification”.

18     In section 74, at the end insert—

“(3)     For the purposes of this Chapter, an individual is normally
resident in, or in a part of, the United Kingdom, in Great Britain,
in Northern Ireland or in the Republic of Ireland if his or her
normal residence, as defined in Article 12 of Directive 2006/126/
EC of the European Parliament and of the Council of 20th
December 2006 on driving licences, is there.”

19  (1)     Schedule 3 (offences for the purposes of section 54) is amended as
follows.

(2)     In the heading, at the end insert “: Great Britain”.

(3)     In paragraph 1, for sub-paragraph (2) substitute—

“(2)   “Driver” has the same meaning as in the Road Traffic Act
1988.”

(4)     In paragraph 2, omit “or Article 43(1) of the Road Traffic Regulation
(Northern Ireland) Order 1997 (S.I. 1997/276 (N.I. 2))”.

(5)     In paragraph 3—

(a)   omit “or Articles of the Road Traffic (Northern Ireland) Order
1995”,

(b)   in sub-paragraph (a), omit “or Article 9”,

(c)   in sub-paragraph (b), omit “or Article 10”,

(d)   in sub-paragraph (c), omit “or Article 12”,

(e)   in sub-paragraph (d), omit “or Article 14”,

(f)   in sub-paragraph (e), omit “or Article 15”,

(g)   in sub-paragraph (f), omit “or Article 16”,

(h)   in sub-paragraph (g), omit “or Article 17”, and

(i)   in sub-paragraph (h), omit “or Article 18”.

(6)     In paragraph 5, omit “or Article 167(1) of the Road Traffic (Northern
Ireland) Order 1981 (S.I. 1981/154 (N.I. 1))”.

(7)     In paragraph 6, omit “or Article 175(2) of the Road Traffic (Northern
Ireland) Order 1981”.

(8)     In paragraph 7(a), omit “or Part 1 of Schedule 1 to the Road Traffic
Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10))”.

20     After Schedule 3 insert—

“SCHEDULE 3A

Section 54

OFFENCES FOR THE PURPOSES OF SECTION 54: NORTHERN IRELAND

PART 1

OFFENCES WHERE ORDER OF DISQUALIFICATION FOR A MINIMUM PERIOD UNNECESSARY

1   (1)     Manslaughter by the driver of a motor vehicle.

(2)     “Driver” has the same meaning as in Article 2(2) of the Road
Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)).

2      An offence under Article 168A(1)(c) of the Road Traffic
(Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (driving
while disqualified).

3      An offence under Article 175(2) of the Road Traffic (Northern
Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (failing to stop after
accident and give particulars or report of accident).

4      An offence under any of the following Articles of the Road
Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994
(N.I. 18))—

(a)   Article 9 (causing death or grievous bodily injury by
dangerous driving),

(b)   Article 10 (dangerous driving),

(c)   Article 11A (causing death or grievous bodily injury by
careless or inconsiderate driving),

(d)   Article 12 (careless, and inconsiderate, driving),

(e)   Article 12B (causing death or grievous bodily injury by
driving: unlicensed, disqualified or uninsured
drivers),

(f)   Article 14 (causing death or grievous bodily injury by
careless driving when under the influence of drink or
drugs),

(g)   Article 15 (driving, or being in charge, when under the
influence of drink or drugs),

(h)   Article 16 (driving, or being in charge, of a motor
vehicle with alcohol concentration above prescribed
limit),

(i)   Article 17 (failing to provide a specimen of breath for a
breath test), or

(j)   Article 18 (failing to provide a specimen for analysis or
laboratory test).

5      An offence under Article 43(1) of the Road Traffic Regulation
(Northern Ireland) Order 1997 (S.I. 1997/276 (N.I. 2))
(exceeding speed limit).

PART 2

OFFENCES WHERE ORDER OF DISQUALIFICATION FOR A MINIMUM PERIOD NECESSARY

6      An offence which—

(a)   is mentioned in Part 1 of Schedule 1 to the Road Traffic
Offenders (Northern Ireland) Order 1996 (S.I. 1996/
1320 (N.I. 10)), but

(b)   is not an offence mentioned in Part 1 of this Schedule.”

21     After Schedule 3A insert—

“SCHEDULE 3B

Section 56

OFFENCES FOR THE PURPOSES OF SECTION 56: REPUBLIC OF IRELAND

PART 1

OFFENCES WHERE ORDER OF DISQUALIFICATION FOR A MINIMUM PERIOD UNNECESSARY

1      An offence arising from—

(a)   reckless or dangerous driving, whether or not resulting
in death, injury or serious risk,

(b)   wilful failure to carry out the obligations placed on
drivers after being involved in road accidents,

(c)   driving a vehicle while under the influence of alcohol
or other substances affecting or diminishing the mental
and physical abilities of a driver,

(d)   refusal to submit to alcohol and drug tests,

(e)   driving a vehicle faster than the permitted speed, or

(f)   driving a vehicle while disqualified.

PART 2

OFFENCES WHERE ORDER OF DISQUALIFICATION FOR A MINIMUM PERIOD NECESSARY

2      An offence arising from conduct which is a road traffic offence
that is not mentioned in Part 1 of this Schedule.”

Coroners and Justice Act 2009 (c. 25)

22     In Schedule 21 to the Coroners and Justice Act 2009 (consequential
amendments), omit paragraph 93 (uncommenced amendment of section
54 of the Crime (International Co-operation) Act 2003).

PART 2

TRANSITION FROM EU CONVENTION TO NEW AGREEMENT

Transitional period

23     In this Part of this Schedule, “the transitional period” means the period—

(a)   beginning with 1 December 2014, and

(b)   ending with the day before the first day on which—


(i)   section (Mutual recognition of driving disqualification in UK
and Republic of Ireland
)(2) to (5) are in force,


(ii)   the Secretary of State has specified an agreement under
section 71A of the Crime (International Co-operation) Act
2003 (“the 2003 Act”), and


(iii)   that agreement has entered into force.

Disapplication of duties and powers to give notices during the transitional period

24     During the transitional period, the Secretary of State and the Department
of the Environment in Northern Ireland—

(a)   are not required to give a notice under section 55 of the 2003 Act
(duty to give notice to foreign authorities of driving
disqualification of a non-UK resident),

(b)   are not required or permitted to give a notice under section 57 of
the 2003 Act (recognition in United Kingdom of foreign driving
disqualification), and

(c)   are not required to give reasons under section 70(3) of the 2003
Act (duty to give reasons for not giving a notice under section
57).

25     Paragraphs 23 and 24 are to be treated as having come into force on 1
December 2014.

Application of duties and powers to give notices after the transitional period

26     After the end of the transitional period, the Secretary of State and the
Department of the Environment in Northern Ireland—

(a)   are required to give a notice under section 55 of the 2003 Act
(duty to give notice to foreign authorities of driving
disqualification of a non-UK resident),

(b)   are required or permitted to give a notice under section 57 of the
2003 Act (recognition in United Kingdom of foreign driving
disqualification), and

(c)   are required to give reasons under section 70(3) of the 2003 Act
(duty to give reasons for not giving a notice under section 57),

only in a case in which the offence referred to in section 54(1) or 56(1) of
the 2003 Act was committed after the end of the transitional period.

Saving for pre-1 December 2014 cases

27     The amendments made by section (Mutual recognition of driving
disqualification in UK and Republic of Ireland
) and Part 1 of this Schedule
do not have effect in relation to a case in which a notice was given to an
offender under section 57 of the 2003 Act before 1 December 2014.”

 

Insert the following new Schedule—

“SCHEDULE

DISCLOSING PRIVATE SEXUAL PHOTOGRAPHS OR FILMS: PROVIDERS OF INFORMATION
SOCIETY SERVICES

England and Wales service providers: extension of liability

1   (1)     This paragraph applies where a service provider is established in
England and Wales (an “E&W service provider”).

(2)     Section (Disclosing private sexual photographs and films with intent to cause
distress
) applies to an E&W service provider who—

(a)   discloses a photograph or film in an EEA state other than the
United Kingdom, and

(b)   does so in the course of providing information society services,

as well as to a person who discloses a photograph or film in England and
Wales.

(3)     In the case of an offence under section (Disclosing private sexual
photographs and films with intent to cause distress
), as it applies to an E&W
service provider by virtue of sub-paragraph (2)—

(a)   proceedings for the offence may be taken at any place in England
and Wales, and

(b)   the offence may for all incidental purposes be treated as having
been committed at any such place.

(4)     Nothing in this paragraph affects the operation of paragraphs 3 to 5.

Non-UK service providers: restriction on institution of proceedings

2   (1)     This paragraph applies where a service provider is established in an EEA
state other than the United Kingdom (a “non-UK service provider”).

(2)     Proceedings for an offence under section (Disclosing private sexual
photographs and films with intent to cause distress
) may not be instituted
against a non-UK service provider in respect of anything done in the
course of the provision of information society services unless the
derogation condition is satisfied.

(3)     The derogation condition is satisfied where the institution of
proceedings—

(a)   is necessary for the purposes of the public interest objective,

(b)   relates to an information society service that prejudices that
objective or presents a serious and grave risk of prejudice to that
objective, and

(c)   is proportionate to that objective.

(4)     “The public interest objective” means the pursuit of public policy.

Exceptions for mere conduits

3   (1)     A service provider is not capable of being guilty of an offence under
section (Disclosing private sexual photographs and films with intent to cause
distress
) in respect of anything done in the course of providing so much
of an information society service as consists in—

(a)   the provision of access to a communication network, or

(b)   the transmission in a communication network of information
provided by a recipient of the service,

if the condition in sub-paragraph (2) is satisfied.

(2)     The condition is that the service provider does not—

(a)   initiate the transmission,

(b)   select the recipient of the transmission, or

(c)   select or modify the information contained in the transmission.

(3)     For the purposes of sub-paragraph (1)—

(a)   the provision of access to a communication network, and

(b)   the transmission of information in a communication network,

includes the automatic, intermediate and transient storage of the
information transmitted so far as the storage is solely for the purpose of
carrying out the transmission in the network.

(4)     Sub-paragraph (3) does not apply if the information is stored for longer
than is reasonably necessary for the transmission.

Exception for caching

4   (1)     This paragraph applies where an information society service consists in
the transmission in a communication network of information provided
by a recipient of the service.

(2)     The service provider is not capable of being guilty of an offence under
section (Disclosing private sexual photographs and films with intent to cause
distress
) in respect of the automatic, intermediate and temporary storage
of information so provided, if—

(a)   the storage of the information is solely for the purpose of making
more efficient the onward transmission of the information to
other recipients of the service at their request, and

(b)   the condition in sub-paragraph (3) is satisfied.

(3)     The condition is that the service provider—

(a)   does not modify the information,

(b)   complies with any conditions attached to having access to the
information, and

(c)   where sub-paragraph (4) applies, expeditiously removes the
information or disables access to it.

(4)     This sub-paragraph applies if the service provider obtains actual
knowledge that—

(a)   the information at the initial source of the transmission has been
removed from the network,

(b)   access to it has been disabled, or

(c)   a court or administrative authority has ordered the removal from
the network of, or the disablement of access to, the information.

Exception for hosting

5   (1)     A service provider is not capable of being guilty of an offence under
section (Disclosing private sexual photographs and films with intent to cause
distress
) in respect of anything done in the course of providing so much
of an information society service as consists in the storage of information
provided by a recipient of the service if sub-paragraph (2) or (3) is
satisfied.

(2)     This sub-paragraph is satisfied if the service provider had no actual
knowledge when the information was provided—

(a)   that it consisted of or included a private sexual photograph or
film,

(b)   that it was provided without the consent of an individual who
appears in the photograph or film, or

(c)   that the disclosure of the photograph or film was provided with
the intention of causing distress to that individual.

(3)     This sub-paragraph is satisfied if, on obtaining such knowledge, the
service provider expeditiously removed the information or disabled
access to it.

(4)     Sub-paragraph (1) does not apply if the recipient of the service is acting
under the authority or control of the service provider.

Interpretation

6   (1)     This paragraph applies for the purposes of this Schedule.

(2)     “Disclose” and “photograph or film” have the meanings given in section
(Meaning of “disclose” and “photograph or film”).

(3)     “Information society services”—

(a)   has the meaning given in Article 2(a) of the E-Commerce
Directive (which refers to Article 1(2) of Directive 98/34/EC of
the European Parliament and of the Council of 22 June 1998
laying down a procedure for the provision of information in the
field of technical standards and regulations), and

(b)   is summarised in recital 17 of the E-Commerce Directive as
covering “any service normally provided for remuneration, at a
distance, by means of electronic equipment for the processing
(including digital compression) and storage of data, and at the
individual request of a recipient of a service”,

and “the E-Commerce Directive” means Directive 2000/31/EC of the
European Parliament and of the Council of 8 June 2000 on certain legal
aspects of information society services, in particular electronic
commerce, in the Internal Market (Directive on electronic commerce).

(4)     “Recipient”, in relation to a service, means a person who, for professional
ends or otherwise, uses an information society service, in particular for
the purposes of seeking information or making it accessible.

(5)     “Service provider” means a person providing an information society
service.

(6)     For the purpose of interpreting references in this Schedule to a service
provider who is established in England and Wales or an EEA state—

(a)   a service provider is established in England and Wales, or in a
particular EEA state, if the service provider—


(i)   effectively pursues an economic activity using a fixed
establishment in England and Wales, or that EEA state,
for an indefinite period, and


(ii)   is a national of an EEA state or a company or firm
mentioned in Article 54 of the Treaty on the Functioning
of the European Union;

(b)   the presence or use in a particular place of equipment or other
technical means of providing an information society service does
not, of itself, constitute the establishment of a service provider;

(c)   where it cannot be determined from which of a number of
establishments a given information society service is provided,
that service is to be regarded as provided from the establishment
at the centre of the service provider‘s activities relating to that
service.”

Schedule 5

LORD FAULKS

 

Page 95, line 1, after “In” insert “the English language text of”

 

Page 95, line 4, at end insert—

“( )     In the Welsh language text of that provision—

(a)   for “Goron na” substitute “Goron,”, and

(b)   after “cyfarwyddwr)” insert “na phennaeth coleg diogel”.”

 

Page 95, line 5, after “In” insert “the English language text of”

 

Page 95, line 7, at end insert—

“( )     In the Welsh language text of that provision, in the definition of “llety
cadw ieuenctid”, after paragraph (b) insert—

“(ba)   coleg diogel;”.”

Schedule 6

LORD FAULKS

 

Page 103, line 6, at end insert—

“Prison Act 1952 (c. 52)

27A          In section 52 of the Prison Act 1952 (exercise of power to make rules etc),
after subsection (3) insert—

“(4)     A statutory instrument containing rules under section 47 or 47A
is subject to annulment in pursuance of a resolution of either
House of Parliament, subject to subsection (5).

(5)     A statutory instrument containing rules under section 47 that
(whether alone or with other provision)—

(a)   authorise a secure college custody officer performing
custodial duties at a secure college to use reasonable
force, or

(b)   otherwise make a substantive change to the
circumstances in which such an officer is authorised to do
so,

may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of
Parliament.

(6)     In subsection (5), “secure college custody officer” has the same
meaning as in Schedule 6 to the Criminal Justice and Courts Act
2014.”

Criminal Justice Act 1967 (c. 80)

27B          Omit section 66(4) of the Criminal Justice Act 1967 (exercise of powers to
make rules under sections 47 and 47A of the Prison Act 1952).”

Before Clause 44

LORD FAULKS

 

Insert the following new Clause—

“Time limit for bringing certain criminal proceedings

Offence of making improper use of public electronic communications network

(1)     In section 127 of the Communications Act 2003 (improper use of public
electronic communications network), at the end insert—

“(5)     An information or complaint relating to an offence under this
section may be tried by a magistrates’ court in England and Wales
or Northern Ireland if it is laid or made—

(a)   before the end of the period of 3 years beginning with the
day on which the offence was committed, and

(b)   before the end of the period of 6 months beginning with the
day on which evidence comes to the knowledge of the
prosecutor which the prosecutor considers sufficient to
justify proceedings.

(6)     Summary proceedings for an offence under this section may be
commenced in Scotland—

(a)   before the end of the period of 3 years beginning with the
day on which the offence was committed, and

(b)   before the end of the period of 6 months beginning with the
day on which evidence comes to the knowledge of the
prosecutor which the prosecutor considers sufficient to
justify proceedings,

and section 136(3) of the Criminal Procedure (Scotland) Act 1995
(date when proceedings deemed to be commenced) applies for the
purposes of this subsection as it applies for the purposes of that
section.

(7)     A certificate of a prosecutor as to the date on which evidence
described in subsection (5)(b) or (6)(b) came to his or her knowledge
is conclusive evidence of that fact.”

(2)     The amendment made by this section applies only in relation to an offence
committed on or after the day on which it comes into force.”

Clause 49

LORD FAULKS

 

Page 48, line 26, leave out subsection (5) and insert—

“( )     When assessing costs in the proceedings, a court which dismisses a claim
under this section must deduct the amount recorded in accordance with
subsection (4) from the amount which it would otherwise order the
claimant to pay in respect of costs incurred by the defendant.”

Clause 50

LORD FAULKS

 

Page 49, line 10, at end insert “or is treated as doing so under subsection (3A)”

 

Page 49, line 18, leave out “by a regulated person”

 

Page 49, line 23, leave out “A benefit offered by a regulated person” and insert “An
offer of a benefit”

 

Page 49, line 30, at end insert—

“(3A)    If a person other than a regulated person offers a benefit in accordance with
arrangements made by or on behalf of a regulated person—

(a)   the regulated person is to be treated as offering the benefit, and

(b)   the offer of the benefit is to be treated as satisfying subsection (2)(a)
if the arrangements were intended to encourage people to make
claims or seek advice from a regulated person with a view to
making a claim.”

 

Page 49, line 32, leave out “offered by a regulated person”

Clause 51

LORD FAULKS

 

Page 50, line 9, after second “person” insert “or is treated as having done so under
section 50(3A)”

Clause 52

LORD FAULKS

 

Page 50, line 33, after “The” insert “Chartered”

Before Clause 69

LORD FAULKS

 

Insert the following new Clause—

“Representations to Parliament by the President of the Supreme Court

(1)     Section 5 of the Constitutional Reform Act 2005 (representations to
Parliament) is amended as follows.

(2)     At the beginning insert—

“(A1)    The President of the Supreme Court may lay before Parliament
written representations on matters that appear to the President to
be matters of importance relating to the Supreme Court or to the
jurisdiction it exercises.”

(3)     In subsections (2) and (3), for “those matters” substitute “the matters
mentioned in subsections (A1) and (1)”.”

 

Insert the following new Clause—

“The supplementary panel of the Supreme Court

In section 39(4) of the Constitutional Reform Act 2005 (circumstances in
which a judge of the Supreme Court becomes a member of the
supplementary panel), after “while he holds such office” insert “or within
2 years of ceasing to hold such office”.”

Clause 81

LORD FAULKS

 

Page 75, line 13, at end insert—

“( )     Paragraphs 23 to 25 of Schedule (Mutual recognition of driving disqualification
in UK and Republic of Ireland
), and section (Mutual recognition of driving
disqualification in UK and Republic of Ireland
)(6)(b) so far as it relates to those
paragraphs, come into force on the day on which this Act is passed.”

Clause 82

LORD FAULKS

 

Page 75, line 34, at end insert—

“( )   sections (Disclosing private sexual photographs or films with intent to
cause distress
) to (Meaning of “private” and “sexual”);”

 

Page 75, line 37, at end insert—

“( )   Schedule (Disclosing private sexual photographs or films: providers of
information society services
);”

In the Title

LORD FAULKS

 

Line 5, after “drivers;” insert “to create an offence of disclosing private sexual
photographs or films with intent to cause distress;”

Prepared 14th October 2014