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

House of Lords

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Clause 44

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

234Page 21, line 1, at beginning insert "for the purpose of obtaining sexual gratification,"
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

235Page 21, line 4, at end insert ", and
(e)  A knows or could reasonably be expected to know that B has a mental disorder or learning disability"
236Page 21, line 5, leave out subsection (2)
 

THE LORD FALCONER OF THOROTON
THE LORD THOMAS OF GRESFORD

237Page 21, line 10, leave out subsection (3)
 

THE LORD FALCONER OF THOROTON

238Page 21, line 11, at beginning insert—
"(3A)  A person guilty of an offence under this section, if the activity caused involved—
(a)  penetration of B's anus or vagina,
(b)  penetration of B's mouth with a person's penis,
(c)  penetration of a person's anus or vagina with a part of B's body or by B with anything else, or
(d)  penetration of a person's mouth with B's penis,
  is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.
(4)  Unless subsection (3A) applies,"
 

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

239Page 21, line 12, leave out paragraph (a)
 

THE LORD FALCONER OF THOROTON

240Page 21, line 15, leave out "7" and insert "10"
 

Clause 45

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

241Page 21, line 18, at beginning insert "for the purpose of obtaining sexual gratification,"
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

242Page 21, line 21, at end insert ", and
(e)  A knows or could reasonably be expected to know that B has a mental disorder or learning disability"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

243Page 21, line 21, at end insert ", and
(e)  subsection (1A) does not apply"
244Page 21, line 21, at end insert—
"(1A)  This subsection applies when A has been authorised by the Secretary of State for Health to provide sexual assistance to B as part of the overall care that is provided to B."
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

245Page 21, line 22, leave out subsection (2)
 

THE LORD FALCONER OF THOROTON

246Page 21, line 27, at beginning insert—
"(2A)  A person guilty of an offence under this section, if the activity incited involved—
(a)  penetration of B's anus or vagina,
(b)  penetration of B's mouth with a person's penis,
(c)  penetration of a person's anus or vagina with a part of B's body or by B with anything else, or
(d)  penetration of a person's mouth with B's penis,
  is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.
(3)  Unless subsection (2A) applies,"
 

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

247Page 21, line 28, leave out paragraph (a)
 

THE LORD FALCONER OF THOROTON

248Page 21, line 31, leave out "7" and insert "10"
 

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)
 

THE LORD ADEBOWALE

 The Lord Adebowale gives notice of his intention to oppose the Question that Clause 46 stand part of the Bill.
 

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)."

 
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9 April 2003