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

House of Lords

back to previous amendments

 

Clause 20

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

122Page 9, line 2, after first "he" insert "reasonably"
123Page 9, line 2, leave out "the other person" and insert "B"
124Page 9, line 3, leave out from "offence" to end of line 5
125Page 9, line 6, leave out "it is proved that"
126Page 9, line 7, after "existed" insert "solely"
127Page 9, line 8, after "know" insert "and had no reason to believe"
128Page 9, line 9, leave out from "offence" to end of line 12
 

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

129Page 9, line 14, leave out paragraph (a)
130Page 9, line 17, leave out "5" and insert "7"
 

Clause 21

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

131Page 9, line 28, after first "he" insert "reasonably"
132Page 9, line 28, leave out "the other person" and insert "B"
133Page 9, line 29, leave out from "offence" to end of line 31
134Page 9, line 32, leave out "it is proved that"
135Page 9, line 33, after "existed" insert "solely"
136Page 9, line 34, after "know" insert "and had no reason to believe"
137Page 9, line 35, leave out from "offence" to end of line 38
 

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

138Page 9, line 40, leave out paragraph (a)
139Page 9, line 43, leave out "5" and insert "7"
 

Clause 22

 

THE LORD FALCONER OF THOROTON

140Page 10, line 3, leave out second "a" and insert "any"
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

141Page 10, line 9, after first "he" insert "reasonably"
142Page 10, line 9, leave out "the other person" and insert "B"
143Page 10, line 10, leave out from "offence" to end of line 12
144Page 10, line 13, leave out "it is proved that"
145Page 10, line 14, after "existed" insert "solely"
146Page 10, line 15, after "know" insert "and had no reason to believe"
147Page 10, line 16, leave out from "offence" to end of line 19
 

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

148Page 10, line 21, leave out paragraph (a)
149Page 10, line 24, leave out "5" and insert "7"
 

After Clause 22

 

THE LORD FALCONER OF THOROTON

150Insert the following new Clause—
  "Abuse of position of trust: acts done in Scotland
  Anything which, if done in England and Wales or Northern Ireland, would constitute an offence under any of sections 18 to 22 also constitutes that offence if done in Scotland."
 

Clause 23

 

THE BARONESS BLATCH
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD FAULKNER OF WORCESTER

151Page 10, line 28, leave out "(8)" and insert "(9)"
 

THE LORD FALCONER OF THOROTON

152Page 10, line 45, at end insert—
"(   )  an independent clinic,"
153Page 10, line 46, after "home" insert ", residential care home"
 

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

154Page 11, line 5, leave out "full-time"
 

THE LORD FALCONER OF THOROTON

155Page 11, line 6, after "receiving" insert ", and A is not receiving,"
 

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

156Page 11, line 6, leave out "full-time"
157Page 11, line 22, at end insert—
"(   )  This subsection applies if A looks after persons under 18 who attend a youth group or other voluntary organisation providing specialist services for young people and B is receiving advice, training, education, instruction, counselling or support as part of that group or organisation."
158Page 11, line 22, at end insert—
"(   )  This subsection applies if A is appointed as an officer under section 41 of the Children Act 1989 (c. 41) (representation of child and of his interests in certain proceedings) to represent B and his interests."
159Page 11, line 22, at end insert—
"(   )  This subsection applies if A is a supervisor by virtue of an order made under section 35 of the Children Act 1989 (c. 41) (supervision orders) or under Part III of the Schedule 3 to that Act (imposition of obligations on responsible person) and, in that capacity, looks after B who is the supervised child under that order."
160Page 11, line 22, at end insert—
"(   )  This subsection applies if A is a registered childminder under Part XA of the Children Act 1989 (c. 41) (child minding and day care for children in England and Wales) and, in that capacity, looks after B"
 

THE LORD FAULKNER OF WORCESTER

161Page 11, line 22, at end insert—
"(9)  This subsection applies if A is a sports coach registered under the sports governing bodies coaching scheme and B receives sports coaching on an individual or group basis from A."
 

After Clause 23

 

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

162Insert the following new Clause—
  "Positions of trust: youth and community workers
  Within six months of the coming into force of section 23, the Secretary of State shall, by order under section 23(1)(b), specify conditions relating to youth and community workers who work with persons under 18."
 

Clause 24

 

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

163Page 11, line 25, leave out "regularly"
164Page 11, line 29, leave out "regularly"
165Page 11, line 30, leave out "regularly"
 

THE LORD FALCONER OF THOROTON

166Page 12, line 4, leave out from "by" to end of line 7 and insert "Article 9 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)) ("the 2003 Order") if in paragraph (4) of that Article sub-paragraphs (d), (f) and (g) were omitted;"
167Page 12, line 8, leave out "53(1)" and insert "53"
168Page 12, line 16, leave out "has" and insert "means a hospital within"
169Page 12, line 18, at end insert ", or any other establishment which is a hospital within the meaning given by Article 2(2) of the 2003 Order"
170Page 12, line 18, at end insert—
 ""independent clinic" has—
(a)  in relation to England and Wales, the meaning given by section 2 of the Care Standards Act 2000 (c. 14);
(b)  in relation to Northern Ireland, the meaning given by Article 2(2) of the 2003 Order;"
171Page 12, line 20, at end insert—
 ""residential care home" means an establishment which is a residential care home for the purposes of the 2003 Order;"
 

Clause 26

 

THE BARONESS BLATCH

 The Baroness Blatch gives notice of her intention to oppose the Question that Clause 26 stand part of the Bill.
 

Clause 27

 

THE BARONESS BLATCH

 The Baroness Blatch gives notice of her intention to oppose the Question that Clause 27 stand part of the Bill.
 

Clause 28

 

THE BARONESS BLATCH

172Page 13, line 15, after "offence" insert "of incest"
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

173Page 13, line 21, after first "he" insert "reasonably"
174Page 13, line 21, leave out "the other person" and insert "B"
175Page 13, line 22, leave out from "offence" to end
 

THE LORD FALCONER OF THOROTON

176Page 13, line 22, after "proved" insert "(a)"
177Page 13, line 22, at end insert ", or
(b)  that the other person was under 13."
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

178Page 13, line 24, leave out "the other person" and insert "B"
179Page 13, line 26, after "know" insert "and had no reason to believe"
180Page 13, line 26, leave out "the other person" and insert "B"
181Page 13, line 28, leave out from "offence" to end of line 30
182Page 13, line 29, leave out "the other person" and insert "B"
 

THE LORD FALCONER OF THOROTON

183Page 13, line 31, leave out subsection (4)
 

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

184Page 13, line 37, leave out paragraph (a)
185Page 13, line 37, leave out "imprisonment" and insert "detention"
186Page 13, line 39, leave out "imprisonment" and insert "detention"
 

Clause 29

 

THE BARONESS BLATCH

187Page 13, line 42, after "offence" insert "of inciting incest"
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

188Page 14, line 7, after first "he" insert "reasonably"
189Page 14, line 7, leave out "the other person" and insert "B"
190Page 14, line 8, leave out from "offence" to end of line 10
191Page 14, line 10, leave out "the other person" and insert "B"
192Page 14, line 12, leave out "the other person" and insert "B"
193Page 14, line 14, after "know" insert "and had no reason to believe"
194Page 14, line 14, leave out "the other person" and insert "B"
195Page 14, line 16, leave out from "offence" to end of line 18
196Page 14, line 17, leave out "the other person" and insert "B"
 

THE LORD FALCONER OF THOROTON

197Page 14, line 19, leave out from beginning to "applies" in line 22 and insert—
"(4)  A person guilty of an offence under this section, if he was aged 18 or over and the other person was under 13 at the time of the offence, and the activity incited involved—
(a)  penetration of B's anus or vagina with a part of A's body or anything else,
(b)  penetration of B's mouth with A's penis,
(c)  penetration of A's anus or vagina with a part of B's body, or
(d)  penetration of A's mouth with B's penis,
  is liable, on conviction on indictment, to imprisonment for life.
(4A)  Unless subsection (4) applies, a person guilty of an offence under this section, if he was aged 18 or over at the time of the offence, is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.
(5)  Unless subsection (4) or (4A)"
 

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

198Page 14, line 24, leave out paragraph (a)
199Page 14, line 24, leave out "imprisonment" and insert "detention"
200Page 14, line 26, leave out "imprisonment" and insert "detention"

 
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1 April 2003