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| For other Amendment(s) see the following page(s):
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| Criminal Justice and Courts Bill Committee 7-16 |
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| Criminal Justice and Courts Bill |
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| Schedule 1, page 63, line 18, leave out ‘13’ and insert ‘16’. |
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| Schedule 1, page 63, line 19, leave out ‘13’ and insert ‘16’. |
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| Clause 3, page 4, line 26, at end insert— |
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| | ‘(10) | Before this section comes into force the Secretary of State shall— |
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| | (a) | consult the Parole Board about the resources required for additional |
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| | hearings resulting from the implementation of this section; and |
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| | (b) | lay a report before Parliament containing— |
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| | (i) | his assessment of the resources required for additional hearings; |
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| | (ii) | his plans to ensure that the Parole Board has adequate resources |
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| | to fulfil the requirements of this section effectively.’. |
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| Clause 4, page 4, line 39, at end insert— |
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| | ‘(4) | Before this section comes into force the Secretary of State shall— |
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| | (a) | consult the Parole Board about the resources required for additional |
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| | hearings resulting from the implementation of this section; and |
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| | (b) | lay a report before Parliament containing— |
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| | (i) | his assessment of the resources required for additional hearings; |
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| | (ii) | his plans to ensure that the Parole Board has adequate resources |
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| | to fulfil the requirements of this section effectively.’. |
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| Clause 5, page 5, line 12, at end insert— |
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| | ‘(3) | Before this section comes into force the Secretary of State shall— |
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| | (a) | consult the Parole Board about the resources required for additional |
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| | hearings resulting from the implementation of this section; and |
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| | (b) | lay a report before Parliament containing— |
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| | (i) | his assessment of the resources required for additional hearings; |
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| | (ii) | his plans to ensure that the Parole Board has adequate resources |
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| | to fulfil the requirements of this section effectively.’. |
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| Clause 7, page 9, line 26, at end insert— |
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| | ‘(9) | Before this section comes into force the Secretary of State shall— |
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| | (a) | consult the Parole Board about the resources required for additional |
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| | hearings resulting from the implementation of this section; and |
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| | (b) | lay a report before Parliament containing— |
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| | (i) | his assessment of the resources required for additional hearings; |
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| | (ii) | his plans to ensure that the Parole Board has adequate resources |
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| | to fulfil the requirements of this section effectively.’. |
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| Page 9, line 27, leave out Clause 8. |
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| Clause 10, page 10, line 29, after ‘fails’, insert ‘deliberately and’. |
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| Clause 16, page 16, line 30, leave out from ‘explicit’ to end of line 31 and insert |
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| ‘way, real or simulated depictions of either—’. |
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| Clause 6, page 5, leave out from line 36 to line 25 on page 6. |
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| | Meeting a child following sexual grooming etc. |
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| To move the following Clause:— |
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| | ‘(1) | The Sexual Offences Act 2003 is amended as follows. |
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| | (2) | In section 15(1)(a) (meeting a child following sexual grooming etc.) for “two”, |
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| | Member’s explanatory statement
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| | At present, someone is only considered to be committing an offence if they contact the child twice |
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| | and arrange to meet them or travel to meet them with the intention of committing a sexual offence. |
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| | This new Clause would mean that the perpetrator would only have to make contact once. |
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| | Offence of abduction of child by other persons |
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| To move the following Clause:— |
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| | ‘(1) | The Child Abduction Act 1984 is amended as follows. |
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| | (2) | In section 2(1) (offence of abduction of child by other persons) for “sixteen”, |
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| | Member’s explanatory statement
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| | At present, there is a disparity between the ages that children must be to be considered to be |
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| | abducted depending on whether they are in the care system or not. This new Clause would rectify |
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| | this disparity and set a conistent age of under 18. |
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| Clause 17, page 18, line 18, leave out ‘in England,’. |
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| | Member’s explanatory statement
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| | This amendment removes the territorial restriction in the new version of section 43 of the Prison |
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| | Act 1952, inserted by clause 17, to enable the Secretary of State to provide secure colleges in Wales |
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| Clause 17, page 18, leave out line 32. |
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| | Member’s explanatory statement
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| | This amendment and amendment 18 provide that Schedule A1 to the Prison Act 1952 (HM Chief |
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| | Inspector of Prisons), which is introduced by section 5A to that Act, applies to secure training |
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| | centres and secure colleges and, as applied, may not be modified by rules made by the Secretary |
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| Clause 17, page 19, line 12, at end insert ‘and Schedule A1’. |
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| Schedule 3, page 71, line 30, at end insert— |
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| | ‘16A | In section 28(1) (arrangements to safeguard and promote welfare: Wales), after |
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| | “(ha) | the principal of a secure college in Wales;”. |
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| | 16B | In section 31(3) (establishment of Local Safeguarding Children Boards in |
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| | Wales), after paragraph (f) insert— |
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| | “(fa) | the principal of a secure college in the area of the authority;”. |
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| | 16C | In section 33(3)(c) (funding of Local Safeguarding Children Boards in Wales), |
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| | after “or prison” insert “or the principal of a secure college”.’. |
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| | Member’s explanatory statement
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| | This amendment and amendments 20, 21, 24, 25, 26 and 27 are consequential on amendment 16.. |
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| Schedule 3, page 73, line 2, after ‘England’ insert ‘or Wales’. |
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| Schedule 3, page 73, line 4, after ‘England’ insert ‘or Wales’. |
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| Schedule 4, page 80, line 15, leave out ‘51 weeks’ and insert ‘12 months’. |
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| | Member’s explanatory statement
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| | The offence of wrongful disclosure of information under paragraph 25 of Schedule 4 is triable |
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| | either on indictment or summarily. When section 154 of the Criminal Justice Act 2003 comes into |
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| | force, the maximum term of imprisonment on summary conviction should change from 6 months to |
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| | 12 months (not 51 weeks, which is appropriate for summary-only offences). |
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| Schedule 4, page 81, line 29, leave out ‘In section 15(3)(d) (funding of Local |
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| Safeguarding Children Boards)’ and insert ‘In section 15(3) (funding of Local |
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| Safeguarding Children Boards)— |
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| | (a) | in paragraph (c), after “principal of a” insert “directly managed”, and |
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| | Member’s explanatory statement
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| | This amendment provides that, where the principal of a secure college is a Board partner of the |
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| | authority that established a Local Safeguarding Children Board, the Secretary of State is only a |
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| | person who may make payments towards expenditure incurred by the Board if the college is |
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| | directly managed, rather than contracted-out. |
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| Schedule 4, page 81, line 30, at end insert— |
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| | ‘32A | In section 33(3) (funding of Local Safeguarding Children Boards in Wales)— |
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| | (a) | in paragraph (c), after “principal of a” insert “directly managed”, and |
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| | (b) | in paragraph (d), after “or prison” insert “or the principal of a |
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| | contracted-out secure college”.’. |
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| Schedule 4, page 81, line 33, after ‘references’ insert ‘to a directly managed secure |
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| Schedule 4, page 81, line 34, leave out ‘such a’ and insert ‘a contracted-out,’. |
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| Schedule 4, page 81, line 35, leave out ‘1’ and insert ‘27’. |
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| Clause 16, page 16, line 37, at end insert— |
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| | ‘(c) | sexual activity where one of the participants is portrayed in such a way |
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| | as to make them appear under 18; |
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| | (d) | a person participating in a sexual activity with someone who is depicted |
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| | as a member of their immediate family; and |
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| | (e) | sexual activity incorporating sexual threats, humiliation or abuse which |
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| | do not form part of a clearly consenting role-playing game.’. |
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| Clause 16, page 6, line 31, leave out from ‘of’ to end of line 37 and insert ‘the |
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| portrayal of sexual activity which involves real or apparent lack of consent,’. |
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| Clause 17, page 18, line 20, at end insert— |
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| | ‘(2A) | No person who is aged under 15 shall be detained in a secure college established |
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| | under subsection (1)(c).’. |
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| Clause 17, page 18, line 20, at end insert— |
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| | ‘(2A) | A young woman may not be placed in a secure college established under |
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| Clause 17, page 18, line 18, at end insert— |
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| | ‘(d) | Secure Children’s Homes’. |
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| Clause 17, page 19, line 35, after ‘contempt’, insert— |
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| | ‘(14) | The Secretary of State shall make arrangements to ensure that sufficient places |
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| | are available in secure children’s homes to enable young persons for whom |
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| | detention in a secure children’s home is deemed more appropriate by the relevant |
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| | authority than detention in a secure college or young offender institution to be so |
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| Schedule 4, page 75, line 14, at end insert— |
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| | ‘(e) | to assess and promote their best interests.’. |
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| Schedule 3, page 69, line 30, after ‘colleges’, insert ‘including, in the case of |
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| secure colleges, joint inspection by Her Majesty’s Inspectorate of Prisons and the Office |
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| for Standards in Education, Children’s Services and Skills.’. |
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| Schedule 4, page 75, line 26, leave out from ‘where’ to end of line 27 and insert ‘a |
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| young person poses an imminent threat of injury to himself or others, and only when all |
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| other means of control have been exhausted.’. |
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| | Offence of assaulting a worker selling alcohol |
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| To move the following Clause:— |
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| | ‘(1) | A person who assaults a worker who is required to enforce the Licensing Act |
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| | (a) | in the course of that worker’s employment; or |
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| | (b) | by reason of that worker’s employment, |
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| | (2) | No offence is committed— |
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| | (a) | under subsection (1)(a) unless the person who assaults knows, or ought |
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| | to know, that the worker is acting in the course of the worker’s |
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| | employment or is enforcing the 2003 Act; |
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| | (b) | under subsection (1)(b) unless the assault is motivated, in whole or in |
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| | part, by malice towards the worker by reason of the worker’s |
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| | employment and their enforcement of the 2003 Act. |
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| | “worker selling alcohol” means a person whose employment involves them |
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| | selling alcohol under the provisions of the Licensing Act 2003. |
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| | “employment” in this context means any paid or unpaid work whether under |
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| | contract, apprenticeship, or otherwise. |
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| | (4) | Evidence from a single source is sufficient evidence to establish for the purpose |
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| | of subsection (1) whether a person is a worker. |
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| | (5) | A person guilty of an offence under this Act is liable, on summary conviction, to |
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| | imprisonment for a period not exceeding six months or to a fine not exceeding |
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| | level 5 on the standard scale.’. |
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| Clause 6, page 6, line 29, at end insert— |
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| | ‘(1A) | The Code of Practice must include a requirement that a person carrying out |
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| | electronic monitoring who is not a public authority as defined by section 3 of the |
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| | Freedom of Information Act 2000 shall provide information in respect of the |
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| | carrying out of electronic monitoring in the same manner as if they were such a |
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| Schedule 4, page 73, line 25, at end insert— |
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| | ‘(1A) | Where the Secretary of State enters into a contract with another person under |
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| | paragraph 1(1), and that person is not a public authority for the purposes of |
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| | section 3 of the Freedom of Information Act 2000, that person shall be designated |
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| | by the Secretary of State as a public authority for the purposes of that section in |
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| | relation to that contract.’. |
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