Sexual Offences Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 46

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

249Page 21, line 41, at end insert ", and
(f)  A knows, or could reasonably be expected to know, that B has a mental disorder or learning disability"
250Page 21, line 42, leave out subsection (2)
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

251Page 22, line 4, leave out paragraph (a)
 

Clause 47

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

252Page 22, line 17, at end insert ", and
(e)  A knows, or could reasonably be expected to know, that B has a mental disorder or learning disability"
253Page 22, line 18, leave out subsection (2)
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

254Page 22, line 24, leave out paragraph (a)
 

Clause 48

 

THE LORD ADEBOWALE

255Page 22, line 29, leave out "the care of" and insert "caring for, training or supervising"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

256Page 22, line 29, leave out "the care" and insert "caring for, or the treatment, training or supervising"
257Page 22, line 31, leave out "(2)" and insert "(1A)"
 

THE LORD RIX
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

258Page 22, line 31, leave out "(2)" and insert "(1B)"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

259Page 22, line 31, at end insert—
"(1A)  This subsection applies if—
(a)  B receives caring, training, treatment or supervision in a training centre or day centre or other facilities including the provision of educational, occupational, social or recreational activities, and
(b)  A, whether or not in the course of employment, performs any functions in the facility in the course of which he has regular contact with B, whether face to face or by any other means."
 

THE LORD RIX
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

260Page 22, line 31, at end insert—
"(1B)  This subsection applies if—
(a)  B has a personal advocate formally recognised by a statutory agency for that purpose, and
(b)  A is that advocate."
 

THE LORD FALCONER OF THOROTON

261Page 22, line 33, after first "home" insert ", community home, voluntary home"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

262Page 22, line 33, leave out "or children's home" and insert ", children's home, or any other residential care setting"
 

THE LORD ADEBOWALE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

263Page 22, line 35, leave out paragraph (b) and insert—
"(b)  A, in the course of his involvement, performs any functions in the course of which he has regular contact with B, whether face to face or by other means"
 

THE LORD FALCONER OF THOROTON

264Page 22, line 35, leave out from "A" to "regular" in line 36 and insert "has functions to perform in the home in the course of employment which have brought him or are likely to bring him into"
 

THE LORD RIX
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

265Page 22, line 36, leave out "regular"
 

THE LORD ADEBOWALE

266Page 22, line 36, at end insert ", and
(c)  any condition specified in an Order made by the Secretary of State."
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

267Page 22, line 38, leave out paragraph (a) and insert—
"(a)  by a National Health Service body, an independent medical agency, an independent practice, an independent practitioner or person providing advocacy services,"
268Page 22, line 38, leave out "or an independent medical agency" and insert ", an independent medical agency, an independent practice or an independent practitioner,"
269Page 22, line 40, at end insert—
"(   )  in an independent practice or private residence,"
 

THE LORD FALCONER OF THOROTON

270Page 22, line 41, leave out from "A" to "regular" in line 42 and insert "has functions to perform for the body or agency or in the clinic or hospital in the course of employment which have brought him or are likely to bring him into"
 

THE LORD RIX
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

271Page 22, line 42, leave out "regular"
 

THE LORD ADEBOWALE
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

272Page 22, line 42, leave out "face to face"
273Page 22, line 43, at end insert "whether face to face or by any other means"
 

THE LORD FALCONER OF THOROTON

274Page 23, line 1, leave out paragraphs (a) and (b) and insert "A—
(a)  is, whether or not in the course of employment, a provider of care, assistance or services to B in connection with B's mental disorder or learning disability, and
(b)  as such, has had or is likely to have regular face to face contact with B."
 

THE LORD ADEBOWALE

275Page 23, line 1, leave out paragraphs (a) and (b) and insert—
"(a)  B receives care in a training centre, or day centre or other facilities including the provision of educational, occupational, social or recreational activities, and
(b)  A, whether or not in the course of employment, regularly provides care to B."
 

THE LORD RIX
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

276Page 23, line 2, leave out "regularly"
 

THE LORD ADEBOWALE

277Page 23, line 3, leave out "personal"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

278Page 23, line 3, leave out "personal care" and insert "caring, training, treatment or supervision"
279Page 23, line 4, at end insert—
 ""advocacy services" means services provided, whether under a contract or otherwise, to help people; communicate their needs, concerns or views; secure their rights; represent their interests or obtain the services they need"
 

THE LORD RIX
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

280Page 23, line 4, at end insert—
 ""advocate" means a person other than a family member or a solicitor appointed to represent, or formally recognised as representing, a person wholly or partly unable to act in their own interests on account of learning disability or mental disorder;"
 

THE LORD FALCONER OF THOROTON

281Page 23, line 5, leave out from "home"" to "of" and insert "means an establishment which is a care home for the purposes"
282Page 23, line 7, at end insert—
 ""community home" has the meaning given by section 53(1) of the Children Act 1989 (c. 41);"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

283Page 23, line 13, at end insert—
 ""independent practice" and "independent practitioners" mean—
(a)  complementary therapies,
(b)  counselling and psychotherapies,
(c)  general health care,
(d)  social care,
  that are practised in an independent setting;"
 

THE LORD FALCONER OF THOROTON

284Page 23, line 18, at end insert—
 ""voluntary home" has the meaning given by section 60(3) of the Children Act 1989 (c. 41)."
 

Clause 50

 

THE BARONESS BLATCH

 The Baroness Blatch gives notice of her intention to oppose the Question that Clause 50 stand part of the Bill.
 

Clause 51

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD RIX

 The above-named Lords give notice of their intention to oppose the Question that Clause 51 stand part of the Bill.
 

Clause 52

 

THE BARONESS THORNTON

285Page 24, line 5, leave out subsection (2)
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE BARONESS THOROTON
THE LORD CAMPBELL OF ALLOWAY
THE LORD FALCONER OF THOROTON

286Page 24, line 28, leave out subsection (5)
 

Clause 53

 

THE BARONESS THORNTON
THE BARONESS NOAKES
THE LORD FALCONER OF THOROTON

287Page 24, leave out lines 35 and 36
 

THE LORD FALCONER OF THOROTON

288Page 25, line 1, after "crime" insert ", or for the purposes of criminal proceedings,"
289Page 25, line 14, at end insert—
"(   )  After Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) insert—
  "Exception for criminal investigations or proceedings
 3A.   (1)   It is not an offence under Article 3(1)(a) for a person to make an indecent photograph or pseudo-photograph of a child in accordance with an authorisation under this section.
(2)      An authorisation may be given only if it appears to the person or persons giving it to be necessary for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world, or for any particular purpose falling within those purposes.
(3)      An authorisation—
(a)  must be in writing,
(b)  must specify the person to whom it is given and the purpose or purposes for which it is given, and
(c)  may specify conditions to which it is subject.
(4)      An authorisation may be given by—
(a)  the Chief Constable of the Police Service of Northern Ireland,
(b)  the Director General of the National Crime Squad,
(c)  the Director General of the National Crime Intelligence Service,
(d)  the Commissioners of Customs and Excise, or
(e)  the Director of Public Prosecutions.""
 

Clause 54

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

290Page 25, line 18, after "intentionally" insert "or knowingly"
 

THE LORD FALCONER OF THOROTON

291Page 25, line 28, at end insert "(including sexual services)"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

292Page 26, line 1, leave out paragraph (a)
 

Clause 55

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

293Page 26, line 9, after "intentionally" insert "or knowingly"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

294Page 26, line 9, leave out from "to" to end of line 10 and insert "be abused through prostitution, or to be involved in the making or production of abusive or indecent images,"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

295Page 26, line 11, leave out paragraph (b)
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

296Page 26, line 18, leave out paragraph (a)

 
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©Parliamentary copyright 2003
28 March 2003