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157After Clause 93, Insert the following new Clause— "Part 2: supply of information by Secretary of State etc.



(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. (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)."

Baroness Scotland of Asthal: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 155 to 157.

Amendments Nos. 155 and 261 introduce a new schedule that provides a procedure for the removal of the notification requirements from offenders convicted of buggery and indecency between men where the activity was consensual and the victim was aged 16 or 17. However, it has come to my attention that Amendment No. 261 is insufficient; it does not cover those who have been convicted of, or as well as, offences themselves and attempt conspiracy or incitement to commit the offences or of aiding, abetting, counselling or procuring the commission of offences.

This mistake came to our attention only this morning and it is important that we get this procedure right. I will ask the House to reject Amendment No. 261 so that we may rectify the omission in the other place. My manuscript Motion No. 261A to this effect is in the Printed Paper Office.

Moved, That the House do agree with the Commons in their Amendments Nos. 155 to 157.—(Baroness Scotland of Asthal.)

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On Question, Motion agreed to.

COMMONS AMENDMENTS

158Clause 93, page 47, line 24, after "where" insert "on any date"
159Page 47, line 34, leave out "to which this Part applies" and insert "listed in Schedule 3"
160Page 47, line 39, after "where" insert "on any date"
161Page 47, line 43, leave out "to which this Part applies" and insert "listed in Schedule 3"
162Clause 95, page 48, line 16, after "includes" insert "any part of"
163Clause 102, page 51, line 36, leave out "a conviction for"
164Page 52, line 2, leave out "the" and insert "a"
165Clause 106, page 55, line 41, after "2" insert "or 20"
166Page 55, line 42, after "Wales" insert "or Scotland"
167Clause 107, page 56, line 2, after "102(5)" insert "or 103(1)"
168Page 56, line 18, leave out subsections (5) and (6) and insert— "( ) Section 105(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."


169Page 56, line 27, after "2A" insert "or 20(4)(a)"
170Page 56, line 28, after "Wales" insert "or Scotland"
171Clause 110, page 57, line 30, leave out "an offence listed at paragraph 64" and insert "any offence listed at paragraphs 64 to 64ZU"
172Page 57, line 32, leave out paragraphs (c) and (d)
173Clause 111, page 58, line 46, at end insert "or, in Scotland, a probation order"
174Clause 112, page 59, line 3, leave out "the" and insert "a"
175Clause 121, page 63, line 24, leave out "the" and insert "a"
176Page 64, line 11, leave out "5" and insert "2"
177Clause 123, page 65, line 17, leave out "5" and insert "2"
178Clause 127, page 66, line 39, leave out "in England and Wales or Northern Ireland"
179Clause 129, page 68, line 17, after "of" insert "or paragraph 10(1) of Schedule 5A to"
180Page 68, line 18, after "of" insert "or paragraph 10(1) of Schedule 4A to"
181Clause 130, page 68, line 35, at end insert "(a "sentencing condition"). ( ) Where an offence is listed if either a sentencing condition or a condition of another description is met, this section applies only to the offence as listed subject to the sentencing condition."


182Page 68, line 37, leave out "such an offence" and insert "an offence to which this section applies"
183Page 68, line 40, before "condition" insert "sentencing"
184Page 69, line 15, leave out from "a" to "this" and insert "sentencing condition,"
185Clause 131, page 70, line 7, after "order" insert "; "community supervision order" means an order"


186Page 70, leave out lines 11 and 12
187Page 71, leave out line 17

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188Page 71, line 41, at end insert— "( ) Where under section 138 different days are appointed for the commencement of different provisions of this Part, a reference in any such provision to the commencement of this Part is to be read (subject to section 96(4)) as a reference to the commencement of that provision."


189Clause 132, page 72, line 10, after "discharge" insert "or community supervision order"
190Page 72, line 11, leave out "This section" and insert "Subsection (1)"
191Page 72, line 11, at end insert— "( ) The provisions listed in subsection (1)(d) do not apply for the purposes of this Part to a conviction for an offence in respect of which a community supervision order is or has (before or after the commencement of this Part) been made."


192Before Clause 135, Insert the following new Clause— "Service courts


    (1) In this Act—


(a) a reference to a court order or a conviction or finding includes a reference to an order of or a conviction or finding by a service court,
(b) a reference to an offence includes a reference to an offence triable by a service court,
(c) "proceedings" includes proceedings before a service court, and
(d) a reference to proceedings for an offence under this Act includes a reference to proceedings for the offence under section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act 1957 (c. 53) for which the offence under this Act is the corresponding civil offence. (2) In sections 93 and 102(1), "court" includes a service court.


    (3) Where the court making a sexual offences prevention order is a service court—


(a) sections 102(1)(a) and (4) to (6), 103, 107, 109 and 110 do not apply,
(b) in section 106, "the appropriate court" means the Crown Court in England and Wales, and
(c) in section 108(3)(a), the references to the Crown Court and Court of Appeal are references to the Crown Court and Court of Appeal in England and Wales. (4) In this section "service court" means a court-martial or Standing Civilian Court."


193Clause 139, page 74, line 19, leave out "Except as follows," and insert "Subject to section (Service courts) and to subsections (2) to (3A),"
194Page 74, line 21, after "48" insert "to 56, 58"
195Page 74, line 21, at end insert—
"( ) Schedule 2,"
196Page 74, line 23, leave out paragraph (c) and insert—
"(c) sections 135, 138, 140 and this section."
197Page 74, line 25, leave out "121 to 127" and insert "(Abolished homosexual offences) and 121 to 127 and Schedule (Procedure for ending notification requirements for abolished homosexual offences)"

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198Page 74, line 26, leave out paragraph (b) and insert—
"(b) sections 135, 138, 140 and this section."
199Page 74, line 26, at end insert— "(3A) Unless otherwise provided, any amendment, repeal or revocation made by this Act has the same extent as the provision to which it relates."


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