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Clause 65

112

Page 31, line 37, leave out “or half-sister” and insert “half-sister, uncle, aunt,

 

nephew or niece.

 

     ( )       In subsection (2)—

 

           (a)           “uncle” means the brother of a person’s parent, and “aunt” has a

 

corresponding meaning;

 

           (b)           “nephew” means the child of a person’s brother or sister, and

 

“niece” has a corresponding meaning.”

Clause 66

113

Page 32, line 17, leave out “or half-sister” and insert “half-sister, uncle, aunt,

 

nephew or niece.

 

     ( )       In subsection (2)—

 

           (a)           “uncle” means the brother of a person’s parent, and “aunt” has a

 

corresponding meaning;

 

           (b)           “nephew” means the child of a person’s brother or sister, and

 

“niece” has a corresponding meaning.”

Clause 67

114

Transpose Clause 67 to after Clause 72

115

Page 32, line 32, leave out “public lavatory” and insert “lavatory to which the

 

public or a section of the public has or is permitted to have access, whether on

 

payment or otherwise,”

116

Page 32, line 33, leave out “activity within subsection (2),” and insert “an activity,

 

and”

117

Page 32, line 35, leave out subsection (2) and insert—

 

     “( )       For the purposes of this section, an activity is sexual if a reasonable person

 

would, in all the circumstances but regardless of any person’s purpose,

 

consider it to be sexual.”

118

Page 33, line 1, leave out subsection (3)

119

Page 33, line 5, leave out from “exceeding” to end of line 7 and insert “level 5 on

 

the standard scale or both.”

Clause 68

120

Page 33, line 9, leave out “(A)”

121

Page 33, line 11, leave out “knows or”

Clause 70

122

Page 34, line 2, leave out subsection (1)

123

Page 34, line 3, at beginning insert “For the purposes of section 68,”

124

Page 34, line 3, leave out “structure” and insert “place”

125

Page 34, line 10, leave out subsection (3)


 
 

    (  14  )

126

Page 34, line 12, leave out “and this section”

127

Page 34, leave out line 13

Clause 74

128

Page 35, line 38, after “not” insert “for the purpose of obtaining sexual gratification

 

or”

129

Page 35, line 38, leave out “either”

Clause 76

130

Page 36, line 36, at end insert—

 

           “( )              any person had administered to or caused to be taken by the

 

complainant, without the complainant’s consent, a substance

 

which, having regard to when it was administered or taken, was

 

capable of causing or enabling the complainant to be stupefied or

 

overpowered at the time of the relevant act.”

Clause 79

131

Page 37, line 33, after “Part” insert “(except section 66)”

132

Page 37, line 34, leave out from “if” to end of line 39 and insert “a reasonable person

 

would consider that—

 

           (a)              whatever its circumstances or any person’s purpose in relation to it,

 

it is because of its nature sexual, or

 

           (b)              because of its nature it may be sexual and because of its

 

circumstances or the purpose of any person in relation to it (or both)

 

it is sexual.”

Clause 80

133

Page 38, line 3, at end insert—

 

           “( )              “Image” means a moving or still image and includes an image

 

produced by any means and, where the context permits, a three-

 

dimensional image.

 

           ( )              References to an image of a person include references to an image

 

of an imaginary person.”

134

Page 38, line 6, leave out subsection (5) and insert—

 

           “( )              References to observation (however expressed) are to observation

 

whether direct or by looking at an image.”

Clause 83

135

Page 41, line 16, at end insert—

 

           “( )              in the case of a person within section 81(7), the date which, for the

 

purposes of Part 1 of the Sex Offenders Act 1997 (c. 51), was the

 

relevant date in relation to that person.”

Clause 84

136

Page 41, line 25, leave out first “the” and insert “a”


 
 

    (  15  )

137

Page 41, line 32, after “82(1)” insert “or an order within section 81(7)”

138

Page 41, line 33, leave out “or caution” and insert “caution or order”

139

Page 41, line 40, leave out first “the” and insert “a”

Clause 85

140

Page 42, line 29, leave out “the” and insert “a”

141

Page 43, line 4, leave out “Part” and insert “section”

Clause 86

142

Page 43, line 9, after “must” insert “, within the period of one year after each event

 

within subsection (1A),”

143

Page 43, line 10, leave out from “84(5)” to end of line 11 and insert “, unless within

 

that period he has given a notification under section 84(1).

 

     (1A)       The events are—”

144

Page 43, line 12, at end insert “(but only in the case of a person who is a relevant

 

offender from that commencement);”

145

Page 43, line 13, leave out from “given” to end of line 15 and insert “by the relevant

 

offender under section 83(1) or 84(1), and”

146

Page 43, line 16, leave out from “given” to end of line 17 and insert “by him under

 

subsection (1).”

Clause 89

147

Page 44, line 41, at end insert “or a finding in relation to such an offence;”

148

Page 44, line 42, at end insert “or a finding in relation to such an offence;”

149

Page 45, line 8, at end insert “;

 

            and in paragraphs (a) and (b), “finding” in relation to an offence means a

 

finding of not guilty of the offence by reason of insanity or a finding that

 

the person was under a disability and did the act or omission charged

 

against him in respect of the offence.”

Clause 90

150

Page 45, line 20, leave out “conviction” and insert “offence”

151

Page 45, line 22, leave out “conviction” and insert “offence”

Clause 91

152

Page 46, line 24, after “Scotland” insert “, where the appropriate court is a civil

 

court”

153

Page 46, line 28, at end insert—

 

                         “and in any other case, the prosecutor;”

154

Page 46, line 34, after “Court” insert “(or in Scotland a criminal court)”


 
 

    (  16  )

 

After Clause 92

155

Insert the following new Clause—

 

“Abolished homosexual offences

 

Schedule (Procedure for ending notification requirements for abolished

 

homosexual offences) (procedure for ending notification requirements for

 

abolished homosexual offences) has effect.”

156

Insert the following new Clause—

 

“Part 2: supply of information to Secretary of State etc. for verification

 

     (1)    This section applies to information notified to the police under—

 

           (a)           section 83, 84 or 85, or

 

           (b)           section 2(1) to (3) of the Sex Offenders Act 1997 (c. 51).

 

     (2)    A person within subsection (3) may, for the purposes of the prevention,

 

detection, investigation or prosecution of offences under this Part, supply

 

information to which this section applies to—

 

           (a)           the Secretary of State,

 

           (b)           a Northern Ireland Department, or

 

           (c)           a person providing services to the Secretary of State or a Northern

 

Ireland Department in connection with a relevant function,

 

            for use for the purpose of verifying the information.

 

     (3)    The persons are—

 

           (a)           a chief officer of police (in Scotland, a chief constable),

 

           (b)           the Police Information Technology Organisation,

 

           (c)           the Director General of the National Criminal Intelligence Service,

 

           (d)           the Director General of the National Crime Squad.

 

     (4)    In relation to information supplied under subsection (2) to any person, the

 

reference to verifying the information is a reference to—

 

           (a)           checking its accuracy by comparing it with information held—

 

                  (i)                 where the person is the Secretary of State or a Northern

 

Ireland Department, by him or it in connection with the

 

exercise of a relevant function, or

 

                  (ii)                where the person is within subsection (2)(c), by that person

 

in connection with the provision of services referred to

 

there, and

 

           (b)           compiling a report of that comparison.


 
 

    (  17  )

 
 

     (5)    Subject to subsection (6), the supply of information under this section is to

 

be taken not to breach any restriction on the disclosure of information

 

(however arising or imposed).

 

     (6)    This section does not authorise the doing of anything that contravenes the

 

Data Protection Act 1998 (c. 29).

 

     (7)    This section does not affect any power existing apart from this section to

 

supply information.

 

     (8)    In this section—

 

                    “Northern Ireland Department” means, the Department for

 

Employment and Learning, the Department of the Environment or

 

the Department for Social Development;

 

                    “relevant function” means—

 

                  (a)                 a function relating to social security, child support,

 

employment or training,

 

                  (b)                 a function relating to passports,

 

                  (c)                 a function under Part 3 of the Road Traffic Act 1988 (c. 52) or

 

Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I.

 

1981/154 (N.I. 1)).”

157

Insert the following new Clause—

 

“Part 2: supply of information by Secretary of State etc.

 

     (1)    A report compiled under section (Part 2: supply of information to Secretary of

 

State etc. for verification) may be supplied by—

 

           (a)           the Secretary of State,

 

           (b)           a Northern Ireland Department, or

 

           (c)           a person within section (Part 2: supply of information to Secretary of

 

State etc. for verification)(2)(c),

 

            to a person within subsection (2).

 

     (2)    The persons are—

 

           (a)           a chief officer of police (in Scotland, a chief constable),

 

           (b)           the Director General of the National Criminal Intelligence Service,

 

           (c)           the Director General of the National Crime Squad.

 

     (3)    Such a report may contain any information held—

 

           (a)           by the Secretary of State or a Northern Ireland Department in

 

connection with the exercise of a relevant function, or

 

           (b)           by a person within section (Part 2: supply of information to Secretary

 

of State etc. for verification)(2)(c) in connection with the provision of

 

services referred to there.

 

     (4)    Where such a report contains information within subsection (3), the person

 

within subsection (2) to whom it is supplied—

 

           (a)           may retain the information, whether or not used for the purposes of

 

the prevention, detection, investigation or prosecution of an offence

 

under this Part, and

 

           (b)           may use the information for any purpose related to the prevention,

 

detection, investigation or prosecution of offences (whether or not

 

under this Part), but for no other purpose.


 
 

    (  18  )

 
 

     (5)    Subsections (5) to (8) of section (Part 2: supply of information to Secretary of

 

State etc. for verification) apply in relation to this section as they apply in

 

relation to section (Part 2: supply of information to Secretary of State etc. for

 

verification).”

Clause 93

158

Page 47, line 24, after “where” insert “on any date”

159

Page 47, line 34, leave out “to which this Part applies” and insert “listed in Schedule

 

3”

160

Page 47, line 39, after “where” insert “on any date”

161

Page 47, line 43, leave out “to which this Part applies” and insert “listed in Schedule

 

3”

Clause 95

162

Page 48, line 16, after “includes” insert “any part of”

Clause 102

163

Page 51, line 36, leave out “a conviction for”

164

Page 52, line 2, leave out “the” and insert “a”

Clause 106

165

Page 55, line 41, after “2” insert “or 20”

166

Page 55, line 42, after “Wales” insert “or Scotland”

Clause 107

167

Page 56, line 2, after “102(5)” insert “or 105(1)”

168

Page 56, line 18, leave out subsections (5) and (6) and insert—

 

     “( )       Section 107(3) to (5) apply to an interim sexual offences prevention order as

 

if references to an order were references to such an order, and with the

 

omission of “as renewed from time to time” in both places.”

169

Page 56, line 27, after “2A” insert “or 20(4)(a)”

170

Page 56, line 28, after “Wales” insert “or Scotland”

Clause 110

171

Page 57, line 30, leave out “an offence listed at paragraph 64” and insert “any

 

offence listed at paragraphs 64 to 64ZU”

172

Page 57, line 32, leave out paragraphs (c) and (d)

Clause 111

173

Page 58, line 46, at end insert “or, in Scotland, a probation order”


 
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