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COMMONS AMENDMENT

117Clause 67, page 32, line 35, leave out subsection (2) and insert— "( ) For the purposes of this section, an activity is sexual if a person would, in all the circumstances but regardless of any person's purpose, consider it to be sexual."

Baroness Scotland of Asthal: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 117, to which I spoke on Commons Amendment No. 114.

Moved, That the House do agree with the Commons in their Amendment No. 117.—(Baroness Scotland of Asthal.)

[Amendment No. 117A, as an amendment to Commons Amendment No. 117, not moved.]

On Question, Motion agreed to.

COMMONS AMENDMENTS

118Clause 67, page 33, line 1, leave out subsection (3)
119Clause 67, page 33, line 5, leave out from "exceeding" to end of line 7 and insert "level 5 on the standard scale or both."
120Clause 68, page 33, line 9, leave out "(A)"
121Page 33, line 11, leave out "knows or"
122Page 34, line 2, leave out subsection (1)
123Page 34, line 3, at beginning insert "For the purposes of section 69,"
124Page 34, line 3, leave out "structure" and insert "place"

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125Page 34, line 10, leave out subsection (3)
126Page 34, line 12, leave out "and this section"
127Page 34, leave out line 13
128Clause 74, page 35, line 38, after "not" insert "for the purpose of obtaining sexual gratification or"
129Page 35, line 38, leave out "either"
130Clause 76, 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."
131Clause 79, page 37, line 33, after "Part" insert "(except section 67)"

Baroness Scotland of Asthal: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 118 to 131 en bloc, to which I spoke with Amendments Nos. 2 and 9.

Moved, That the House do agree with the Commons in their Amendments Nos. 118 to 131.—(Baroness Scotland of Asthal.)

On Question, Motion agreed to.

COMMONS AMENDMENT

132Clause 79, 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."

Baroness Scotland of Asthal: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 132. I have spoken to this amendment with Amendment No. 114.

Moved, That the House do agree with the Commons in their Amendment No. 132.—(Baroness Scotland of Asthal.)

[Amendment No. 132A, as an amendment to Commons Amendment No. 132, not moved.]

On Question, Motion agreed to.

COMMONS AMENDMENTS

133Clause 80, 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."
134Page 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."

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135Clause 83, page 41, line 16, at end insert—
"( ) in the case of a person within section 82(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."
136Clause 84, page 41, line 25, leave out first "the" and insert "a"
137Page 41, line 32, after "82(1)" insert "or an order within section 82(7)"
138Page 41, line 33, leave out "or caution" and insert "caution or order"
139Page 41, line 40, leave out first "the" and insert "a"
140Clause 85, page 42, line 29, leave out "the" and insert "a"
141Page 43, line 4, leave out "Part" and insert "section"
142Clause 86, page 43, line 9, after "must" insert ", within the period of one year after each event within subsection (1A),"
143Page 43, line 10, leave out from "84(5)" to of line 11 and insert ", unless within that period he has given a notification under section 85(1). (1A) The events are—"


144Page 43, line 12, at end insert "(but only in the case of a person who is a relevant offender from that commencement);"
145Page 43, line 13, leave out from "given" to end of line 15 and insert "by the relevant offender under section 84(1) or 85(1), and"
146Page 43, line 16, leave out from "given" to end of line 17 and insert "by him under subsection (1)."
147Clause 89, page 44, line 41, at end insert "or a finding in relation to such an offence;"
148Page 44, line 42, at end insert "or a finding in relation to such an offence;"
149Page 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."


150Clause 90, page 45, line 20, leave out "conviction" and insert "offence"
151Page 45, line 22, leave out "conviction" and insert "offence"
152Clause 91, page 46, line 24, after "Scotland" insert ", where the appropriate court is a civil court"
153Page 46, line 28, at end insert—
"and in any other case, the prosecutor;"
154Page 46, line 34, after "Court" insert "(or in Scotland a criminal court)"

Baroness Scotland of Asthal: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 133 to 154. I have spoken to these amendments with Amendments Nos. 2 and 9.

Moved, That the House do agree with the Commons in their Amendments Nos. 133 to 154.—(Baroness Scotland of Asthal.)

On Question, Motion agreed to.

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COMMONS AMENDMENTS

155After Clause 93, 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."
156After Clause 93, 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 84, 85 or 86, 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. (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))."

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