Criminal Justice and Court Services Bill. - continued        House of Lords
PART II, PROTECTION OF CHILDREN - continued
Effect of disqualification orders - continued

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Rehabilitation of offenders.     37. - (1) Where a disqualification order is made in respect of an individual's conviction of an offence, the rehabilitation period which, in accordance with section 6 of the Rehabilitation of Offenders Act 1974, is applicable to the conviction is to be determined as if that order had not been made; and a disqualification order is not a sentence for the purposes of that Act.
 
      (2) In this section "conviction" has the same meaning as in that Act.
 
 
Indecent photographs of children: increase of maximum penalties
Indecent photographs of children: increase of maximum penalties.     38. - (1) In section 6(2) of the Protection of Children Act 1978 (punishments), for "three" there is substituted "ten".
 
      (2) In Article 3(4)(a) of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs of children), for "three" there is substituted "ten".
 
      (3) In section 160 of the Criminal Justice Act 1988 (summary offence of possession of indecent photograph of child)-
 
 
    (a) after subsection (2) there is inserted-
 
    "(2A) A person shall be liable on conviction on indictment of an offence under this section to imprisonment for a term not exceeding five years or a fine, or both.",
 
 
    (b) for the sidenote there is substituted "Possession of indecent photograph of child".
      (4) In Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (summary offence of possession of indecent photograph of child)-
 
 
    (a) after paragraph (2) there is inserted-
 
    "(2A) A person shall be liable on conviction on indictment of an offence under paragraph (1) to imprisonment for a term not exceeding five years or a fine, or both.",
 
 
    (b) for the heading there is substituted "Possession of indecent photograph of child".
 
General
Interpretation of Part II.     39. - (1) In this Part-
 
 
    "armed forces offence" means an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957,
 
    "care home" has the same meaning as in the Care Standards Act 2000,
 
    "charity" and "charity trustee" have the same meanings as in the Charities Act 1993,
 
    "child" means a person under the age of 18,
 
    "children's home" has-
 
      (a) in relation to England and Wales, the same meaning as in the Care Standards Act 2000,
 
      (b) in relation to Northern Ireland, the meaning which would be given by Article 90(1) of the Children (Northern Ireland) Order 1995 if, in Article 91(2) of that Order, sub-paragraphs (a), (f) and (g) and the words after sub-paragraph (h) were omitted,
 
    "day care premises" means premises in respect of which a person is registered under Part XA of the Children Act 1989 for providing day care,
 
    "disqualification order" has the meaning given by section 30,
 
    "education committee" means a committee appointed by a local authority as mentioned in section 499 of the Education Act 1996,
 
    "educational institution" means an institution which is exclusively or mainly for the provision of full-time education to children,
 
    "employment" means paid employment, whether under a contract of service or apprenticeship or under a contract for services,
 
    "hospital" has-
 
      (a) in relation to England and Wales, the meaning given by section 128(1) of the National Health Service Act 1977,
 
      (b) in relation to Northern Ireland, the meaning given by Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972,
 
    "local authority" has the same meaning as in the Education Act 1996,
 
    "nursing home" has the meaning given by Article 16 of the Registered Homes (Northern Ireland) Order 1992,
 
    "private hospital" has the meaning given by Article 90(2) of the Mental Health (Northern Ireland) Order 1986,
 
    "residential care home" has the meaning given by Article 3 of the Registered Homes (Northern Ireland) Order 1992,
 
    "the Tribunal" means the tribunal established by section 9 of the Protection of Children Act 1999,
 
    "voluntary home" has the meaning given by Article 74(1) of the Children (Northern Ireland) Order 1995,
 
    "work" includes-
 
      (a) work of any kind, whether paid or unpaid and whether under a contract of service or apprenticeship, under a contract for services, or otherwise than under a contract, and
 
      (b) an office established by or by virtue of an enactment,
 
    and "works" is to be read accordingly.
      (2) In this Part references, in relation to a suspended sentence, to taking effect are to taking effect by virtue of-
 
 
    (a) an order or direction under section 91 of the Naval Discipline Act 1957 or section 119 of the Powers of Criminal Courts (Sentencing) Act 2000, or
 
    (b) the determination of the suspension under section 120 of the Army Act 1955 or section 120 of the Air Force Act 1955.
 
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