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9 Jan 2008 : Column 458

(b) omit paragraph (b), and

(c) in paragraph (c) for “subsection (2)(b)(ii)” substitute “subsection (2)”.’.— [Mr. Khan.]

Clause 36


Eligible complaints: specific requirements applicable to all complaints

Amendments made: No. 18, page 26, line 10, leave out ‘matters giving rise to the substance of’ and insert ‘events giving rise to’.

No. 19, line 26, leave out ‘matters’ and insert ‘events’.— [Mr. Khan.]

Clause 37


Treatment by commissioner of complaints

Amendments made: No. 20, page 27, line 18, leave out from ‘Where’ to end of line 20 and insert ‘the Commissioner—

(a) rejects the whole or any part of the complaint, or

(b) declines to take or stops taking action to deal with the whole or any part of the complaint,’.

No. 21, line 29, leave out ‘take any step mentioned in’ and insert ‘exercise a power under’.— [Mr. Khan.]

Clause 40


Investigation of deaths

Amendments made: No. 22, page 29, line 6, after ‘conducted’ insert ‘in the United Kingdom’.

No. 23, line 8, at end insert—

‘( ) The Commissioner shall defer the whole or any part of the investigation at the request of the Lord Advocate.

( ) Such a request may be made if the Lord Advocate considers that the whole or any part of the investigation might adversely affect a criminal investigation, or an investigation of a death, which is being or is to be conducted by the Lord Advocate or the procurator fiscal.’. — [Mr. Khan.]

Clause 42


Investigations requested by the Secretary of State

Amendments made: No. 24, page 30, line 39, leave out paragraph (b) and insert—

‘(aa) is made by virtue of subsection (3)(h) and specifies a matter relating to events which have (or may have) occurred while a person was in the custody of immigration officers, or under their control or escort, in Scotland; or

(b) is made by virtue of subsection (4) and specifies a matter which the Secretary of State considers is (or may be) linked to events of the kind mentioned in paragraph (a) or (aa).’.

No. 25, page 31, line 9, leave out from ‘defer’ to ‘might’ in line 10 and insert

‘the whole or part of an investigation under this section at the request of the Lord Advocate.

( ) Such a request may be made if the Lord Advocate considers that the whole or any part of the investigation’. — [Mr. Khan.]


9 Jan 2008 : Column 459

Clause 49


Disclosure of information etc.

Amendment made: No. 26, page 35, line 18, leave out second ‘of’ and insert ‘conducted by’.— [Mr. Khan.]

Clause 51


Notification of matters of potential concern to the police or other authorities

Amendment made: No. 27, page 36, line 29, leave out ‘the police’ and insert ‘a police force’.— [Mr. Khan.]

Clause 54


The Prisons and Probation Ombudsman

Amendment made: No. 28, page 37, line 22, leave out ‘Commissioner’ and insert ‘Ombudsman’.— [Mr. Khan.]

Clause 55


Interpretation of Part 4

Amendments made: No. 29, page 38, line 26, at end insert—

‘“police force” means—

(c) a police force in England, Wales or Scotland;(d) the Police Service of Northern Ireland;(e) the Ministry of Defence Police;(f) the British Transport Police Force;

and “police officer” shall be construed accordingly;’.

No. 30, page 39, line 9, leave out from ‘in’ to end of line 10 and insert

‘section 13 of the Offender Management Act 2007 (c.21)’.— [Mr. Khan.]

Clause 59


Eligible complaints: general

Amendment made: No. 31, page 41, line 32, at end insert—

‘( ) action taken by or on behalf of a health and social services body,’.— [Mr. Khan.]

Clause 60


Eligible complaints: specific requirements applicable to all complaints

Amendments made: No. 32, page 42, line 15 , leave out ‘matters giving rise to the substance of’ and insert ‘events giving rise to’.

No. 33, line 31, leave out ‘matters’ and insert ‘events’.— [Mr. Khan.]

Clause 61


Treatment by Commissioner of complaints

Amendments made: No. 34, page 43, line 23, leave out from ‘Where’ to end of line 25 and insert ‘the Commissioner—

(a) rejects the whole or any part of the complaint, or

(b) declines to take or stops taking action to deal with the whole or any part of the complaint,’.

No. 35, line 34, leave out ‘take any step mentioned in’ and insert ‘exercise a power under’.— [Mr. Khan.]


9 Jan 2008 : Column 460

Clause 64


Investigation of deaths

Amendment made: No. 36, page 45, line 19, after ‘conducted’ insert ‘in the United Kingdom’.— [Mr. Khan.]

Clause 65


Reports on the outcome of a death investigation

Amendment made: No. 37, page 46, line 6, leave out ‘close’.— [Mr. Khan.]

Clause 67


Reports on the outcome of an investigation under section 66

Amendment made: No. 38, page 47, leave out line 37 and insert

‘a report published under subsection (3)(c) must not identify the deceased person’.— [Mr. Khan.]

Clause 72


Disclosure of information etc.

Amendment made: No. 39, page 50, line 8, at end insert—

‘( ) to the Northern Ireland Commissioner for Complaints for the purposes of the exercise of any functions of that office;’.— [Mr. Khan.]

Clause 77


Transitional provision: the Prisoner Ombudsman for Northern Ireland

Amendment made: No. 40, page 52, line 21, leave out ‘Commissioner’ and insert ‘Ombudsman’.— [Mr. Khan.]

Clause 90


SFO’s pre-investigation powers in relation to bribery and corruption: foreign officers etc

Amendment made: No. 87, page 63, line 5, leave out from ‘section’ to end of line 7 and insert ‘17 (extent)—

(a) in subsection (2) (provisions of Act extending to Scotland), for “section 2” substitute “sections 2 and 2A”; and

(b) in subsection (3) (provisions of Act extending to Northern Ireland), after “sections 2” insert “, 2A”.’.— [Mr. Khan.]

Clause 91


Contents of an accused’s defence statement

Amendment made: No. 88, page 63, line 12, at end insert—

‘(2) In section 11(2)(f)(ii) of that Act (faults in disclosure by accused), after “matter” insert “(or any particular of any matter of fact)”.’.— [Mr. Khan.]


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Clause 105


Orders to promote rehabilitation

Amendment made: No. 41, page 71, line 33, leave out from ‘to’ to ‘the’ in line 34 and insert ‘assist’.— [Mr. Khan.]

Clause 109


Imprisonment for unlawfully obtaining etc. personal data

Amendment made: No. 89, page 74, line 31, leave out from beginning to ‘and’ in line 33.— [Mr. Khan.]

Clause 110


Requests to other member States: England and Wales

Amendments made: No. 42, page 76, line 4, leave out ‘the’ and insert ‘a’.

No. 43, line 12, at end insert—

‘(da) any sum payable by virtue of section 137(1) or (1A) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (orders requiring parents to pay fines etc.);’.

No. 44, line 13, leave out ‘to (iii)’ and insert ‘to (iiia)’.— [Mr. Khan.]

Clause 112


Requests to other member States: Northern Ireland

Amendments made: No. 45, page 77, line 27, leave out ‘the’ and insert ‘a’.

No. 46, line 35, at end insert—

‘(iiia) any sum payable by virtue of Article 35 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9) (orders requiring parents to pay fines etc.);’.

No. 47, line 36, leave out ‘to (d)’ and insert ‘to (da)’.— [Mr. Khan.]

Clause 114


Requests from other member States: England and Wales

Amendment made: No. 48, page 79, line 7, after ‘central authority’ insert ‘of the other member State’.— [Mr. Khan.]

Clause 117


Requests from other member States: Northern Ireland

Amendment made: No. 49, page 80, line 42, after ‘central authority’ insert ‘of the other member State’.— [Mr. Khan.]


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Clause 119


Modification of Magistrates’ Courts (Northern Ireland) Order 1981

Amendment made: No. 50, page 81, line 34, leave out subsection (3) and insert—

‘(3) For the purposes of subsection (2), if the amount of a financial penalty is specified in a currency other than sterling, that amount must be converted to sterling by reference to the London closing exchange rate on the relevant date.’.— [Mr. Khan.]

Clause 121


Requests from other member States: supplemental

Amendments made: No. 51, page 82, line 28, leave out ‘subsection (3)’ and insert

‘section 111(4), 113(4) or subsection (3) of this section’.

No. 52, leave out lines 29 to 32.

No. 53, line 33, at beginning insert ‘modify,’.

No. 54, line 34, after ‘including’ insert ‘this Act and’.

No. 218, line 39, after ‘legislation’ insert

‘passed, or made, before the passing of this Act’.— [Mr. Khan.]

Clause 135


Notification requirements: periodic notification

Amendments made: No. 90, page 92, line 16, leave out ‘period of one year’ and insert ‘applicable period’.

No. 91, line 23, leave out ‘period mentioned in subsection (1)’ and insert ‘applicable period’.

No. 92, line 31, at end insert—

‘(4A) In this section “the applicable period” means—

(a) in any case where subsection (4B) applies, such period as may be prescribed by regulations made by the Secretary of State, and

(b) in any other case, the period of one year.

(4B) This subsection applies if the last home address notified by the relevant offender under section 133(1) or 134(1) or subsection (1) above was the address or location of such a place as is mentioned in section 133(5)(b).’.— [Mr. Khan.]

Clause 140


Offences

Amendments made: No. 93, page 95, line 33, leave out ‘12 months’ and insert ‘the relevant period’.

No. 94, line 36, at end insert—

‘(6A) In subsection (6)(a) “the relevant period” means—

(a) in relation to England and Wales and Scotland, 12 months;

(b) in relation to Northern Ireland, 6 months.’.— [Mr. Khan.]


9 Jan 2008 : Column 463

Clause 165


Disclosure of information about convictions etc of child sex offenders to members of the public

Amendments made: No. 95, page 111, line 21, after ‘causing’ insert ‘serious’.

No. 96, line 26, after ‘from’ insert ‘serious’.

No. 97, line 37, after first ‘to’ insert ‘serious’.

No. 98, page 112, line 38, at beginning insert ‘serious’.— [Mr. Khan.]

Clause 167


Notification requirements: prescribed information

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