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| Thursday 12 February 2015 |
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| For other Amendment(s) see the following page(s) of Supplement to Votes:
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| 1479-80, 1523-24 , 1531-33 and 1535 |
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| Serious Crime Bill [Lords], As Amended
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| | To move the following Clause— |
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| | | “Criminal Cases Review Commission (extension of supplementary powers) |
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| | (1) | After section 17 of the Criminal Appeal Act 1995 insert— |
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| | “17A | Power to obtain documents and other material (review of cases |
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| | (1) | In reviewing a case involving a serious crime, the Commission may |
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| | apply to the Crown Court for an order requiring a person to provide the |
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| | Commission with access to, or a copy of, a document or other material |
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| | that is in the person’s possession or under that person’s control. |
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| | (2) | The court may make an order applied for under subsection (1) where it is |
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| | satisfied that the document or other material may assist the Commission |
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| | in the exercise of any of its functions in relation to the review of a case |
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| | involving a serious crime. |
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| | (3) | An order made under this section may provide for the manner in which |
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| | access is required to be given, including— |
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| | (a) | removal of a document or other material, |
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| | (b) | copying of a document or other material, or |
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| | (c) | copying alongside specific provision for inspection and |
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| | verification of the original document or other material. |
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| | (4) | An order under this section may direct the person named therein not to |
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| | destroy, damage or alter the document or other material before the |
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| | direction has been discharged or is withdrawn by the court. |
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| | (5) | An order under this section may not be applied for against a person on |
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| | whom the Commission has imposed a requirement under section 17 |
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| | (person serving in a public body) until that requirement has been |
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| | discharged or withdrawn by the Commission. |
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| | (6) | Where an order falling under the terms of subsection (5) has been applied |
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| | for, the Commission must draw the especial attention of the court to that |
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| | fact and provide an explanatory statement to the court containing the |
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| | reasons for the application of the provisions of this section and the |
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| | disapplication of the provisions of section 17. |
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| | (7) | Subsections (3) and (4) of section 17 apply for the purposes of this |
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| | section as they apply for the purposes of that section.” |
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| | (2) | At the end of the heading to section 17 of that Act insert “from those serving in |
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| | (3) | In section 25 of that Act (restrictions on onward disclosure without consent)— |
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| | (a) | in subsection (1) after “requirement is imposed under section 17” insert |
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| | “or by an order under section 17A”; and |
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| | (b) | in subsection (2)(a) after “section 17” insert “or 17A””. |
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| | To move the following Clause— |
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| | | “Child sexual exploitation |
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| | (1) | The Sexual Offences Act 2003 is amended as set out in subsections (2) to (6). |
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| | (2) | For the heading before section 47 substitute “Sexual exploitation of children”. |
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| | (3) | In section 48 (headed “Causing or inciting child prostitution or pornography”)— |
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| | (a) | in the heading, for “child prostitution or pornography” substitute |
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| | “sexual exploitation of a child”; |
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| | (b) | in subsection (1)(a), for “to become a prostitute, or to be involved in |
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| | pornography,” substitute “to be sexually exploited”. |
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| | (4) | In section 49 (headed “Controlling a child prostitute or a child involved in |
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| | (a) | in the heading, for “prostitute or a child involved in pornography” |
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| | substitute “in relation to sexual exploitation”; |
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| | (b) | in subsection (1)(a), for “prostitution or involvement in pornography” |
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| | substitute “sexual exploitation”. |
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| | (5) | In section 50 (headed “Arranging or facilitating child prostitution or |
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| | (a) | in the heading, for “child prostitution or pornography” substitute |
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| | “sexual exploitation of a child”; |
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| | (b) | in subsection (1)(a), for “prostitution or involvement in pornography” |
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| | substitute “sexual exploitation”. |
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| | (6) | In section 51 (interpretation of sections 48 to 50)— |
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| | (b) | for subsection (2) substitute— |
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| | “(2) | For the purposes of sections 48 to 50, a person (B) is sexually |
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| | (a) | on at least one occasion and whether or not compelled to |
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| | do so, B offers or provides sexual services to another |
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| | person in return for payment or a promise of payment to |
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| | (b) | an indecent image of B is recorded; |
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| | | and “sexual exploitation” is to be interpreted accordingly.” |
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| | (7) | In section 1 of the Street Offences Act 1959 (loitering or soliciting for purposes |
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| | of prostitution), in subsection (1), after “person” insert “aged 18 or over”.” |
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| | Member’s explanatory statement
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| | This New Clause replaces the references to child prostitution and pornography in sections 48 to |
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| | 51 of the Sexual Offences Act 2003 with references to the sexual exploitation of children (without |
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| | altering the substance of the relevant offences), and also restricts to adults the offence of loitering |
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| | or soliciting for the purposes of prostitution. |
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| | To move the following Clause— |
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| | | “Duty to notify police of female genital mutilation |
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| | After section 5A of the Female Genital Mutilation Act 2003 (inserted by section |
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| | “5B | Duty to notify police of female genital mutilation |
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| | (1) | A person who works in a regulated profession in England and Wales |
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| | must make a notification under this section (an “FGM notification”) if, in |
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| | the course of his or her work in the profession, the person discovers that |
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| | an act of female genital mutilation appears to have been carried out on a |
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| | girl who is aged under 18. |
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| | (2) | For the purposes of this section— |
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| | (a) | a person works in a “regulated profession” if the person is— |
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| | (i) | a healthcare professional, |
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| | (iii) | a social care worker in Wales; |
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| | (b) | a person “discovers” that an act of female genital mutilation |
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| | appears to have been carried out on a girl in either of the |
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| | (3) | The first case is where the girl informs the person that an act of female |
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| | genital mutilation (however described) has been carried out on her. |
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| | (4) | The second case is where— |
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| | (a) | the person observes physical signs on the girl appearing to show |
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| | that an act of female genital mutilation has been carried out on |
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| | (b) | the person has no reason to believe that the act was, or was part |
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| | of, a surgical operation within section 1(2)(a) or (b). |
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| | (a) | is to be made to the chief officer of police for the area in which |
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| | (b) | must identify the girl and explain why the notification is made; |
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| | (c) | must be made before the end of one month from the time when |
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| | the person making the notification first discovers that an act of |
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| | female genital mutilation appears to have been carried out on the |
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| | (d) | may be made orally or in writing. |
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| | (6) | The duty of a person working in a particular regulated profession to make |
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| | an FGM notification does not apply if the person has reason to believe |
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| | that another person working in that profession has previously made an |
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| | FGM notification in connection with the same act of female genital |
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| | | For this purpose, all persons falling within subsection (2)(a)(i) are to be |
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| | treated as working in the same regulated profession. |
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| | (7) | A disclosure made in an FGM notification does not breach— |
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| | (a) | any obligation of confidence owed by the person making the |
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| | (b) | any other restriction on the disclosure of information. |
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| | (8) | The Secretary of State may by regulations amend this section for the |
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| | purpose of adding, removing or otherwise altering the descriptions of |
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| | persons regarded as working in a “regulated profession” for the purposes |
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| | (9) | The power to make regulations under this section— |
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| | (a) | is exercisable by statutory instrument; |
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| | (b) | includes power to make consequential, transitional, transitory or |
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| | (10) | A statutory instrument containing regulations under this section is not to |
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| | be made unless a draft of the instrument has been laid before, and |
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| | approved by a resolution of, each House of Parliament. |
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| | “act of female genital mutilation” means an act of a kind mentioned in |
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| | “healthcare professional” means a person registered with any of the |
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| | regulatory bodies mentioned in section 25(3) of the National Health |
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| | Service Reform and Health Care Professions Act 2002 (bodies within |
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| | remit of the Professional Standards Authority for Health and Social |
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| | “registered”, in relation to a regulatory body, means registered in a register |
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| | that the body maintains by virtue of any enactment; |
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| | “social care worker” means a person registered in a register maintained by |
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| | the Care Council for Wales under section 56 of the Care Standards Act |
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| | (a) | in relation to England, a person within section 141A(1) of the |
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| | Education Act 2002 (persons employed or engaged to carry out |
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| | teaching work at schools and other institutions in England); |
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| | (b) | in relation to Wales, a person who falls within a category listed |
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| | in the table in paragraph 1 of Schedule 2 to the Education |
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| | (Wales) Act 2014 (anaw 5) (categories of registration for |
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| | purposes of Part 2 of that Act) or any other person employed or |
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| | engaged as a teacher at a school (within the meaning of the |
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| | Education Act 1996) in Wales. |
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| | (12) | For the purposes of the definition of “healthcare professional”, the |
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| | following provisions of section 25 of the National Health Service Reform |
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| | and Health Care Professions Act 2002 are to be ignored— |
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| | (a) | paragraph (g) of subsection (3); |
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| | Member’s explanatory statement
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| | This New Clause requires persons working in a “regulated profession” (healthcare professionals, |
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| | teachers and social care workers) to notify the police if they discover in the course of their work |
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| | that an act of female genital mutilation appears to have been carried out on a girl under 18. |
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| | To move the following Clause— |
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| | | “Guidance about female genital mutilation |
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| | (1) | After section 5B of the Female Genital Mutilation Act 2003 (inserted by section |
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| | (Duty to notify police of female genital mutilation) above) insert— |
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| | (1) | The Secretary of State may issue guidance to whatever persons in |
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| | England and Wales the Secretary of State considers appropriate about— |
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| | (a) | the effect of any provision of this Act, or |
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| | (b) | other matters relating to female genital mutilation. |
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| | (2) | A person exercising public functions to whom guidance is given under |
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| | this section must have regard to it in the exercise of those functions. |
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| | (3) | Nothing in this section permits the Secretary of State to give guidance to |
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| | (4) | Before issuing guidance under this section the Secretary of State must |
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| | (a) | the Welsh Ministers so far as the guidance is to a body exercising |
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| | devolved Welsh functions; |
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| | (b) | any person whom the Secretary of State considers appropriate. |
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| | (5) | A body is exercising “devolved Welsh functions” if its functions are |
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| | exercisable only in or as regards Wales and are wholly or mainly |
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| | (a) | a matter in respect of which functions are exercisable by the |
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| | Welsh Ministers, the First Minister for Wales or the Counsel |
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| | General to the Welsh Government, or |
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| | (b) | a matter within the legislative competence of the National |
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| | (6) | The Secretary of State may from time to time revise any guidance issued |
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| | (7) | Subsections (2) and (3) have effect in relation to any revised guidance. |
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| | (8) | Subsection (4) has effect in relation to any revised guidance unless the |
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| | Secretary of State considers the proposed revisions of the guidance are |
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| | (9) | The Secretary of State must publish the current version of any guidance |
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| | issued under this section.” |
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| | (2) | Consultation for the purposes of subsection (4) of section 5C of the Female |
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| | Genital Mutilation Act 2003 (inserted by subsection (1) above) may be, or |
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| | include, consultation before the coming into force of this section.” |
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| | Member’s explanatory statement
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| | This New Clause confers a power on the Secretary of State to issue guidance about the effect of |
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| | any provision of the Female Genital Mutilation Act 2003 or about other matters relating to female |
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| Clause 65, page 52, line 45, at end insert— |
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| | “( ) | An application to a sheriff for an order under section 60, 61, 63 or 64 must be |
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| | made by summary application.” |
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| | Member’s explanatory statement
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| | Under clauses 60, 61, 63 and 64 an application may be made to the appropriate court (in Scotland, |
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| | a sheriff) for continued retention of seized substances, for forfeiture or return of substances and |
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| | for compensation where no forfeiture order is made. This amendment provides that such |
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| | applications to a sheriff must be made by summary application. |
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| Clause 80, page 83, line 24, at end insert— |
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| | “( ) | Subsection (7) of section (Child sexual exploitation) and paragraph 1A of |
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| | Schedule 4 do not apply in the case of an offence proceedings for which are |
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| | started before the commencement of that subsection.” |
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| | Member’s explanatory statement
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| | This amendment is consequential on subsection (7) of New Clause 8 [Child sexual exploitation]. |
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| | It provides that the restriction of the offence of loitering or soliciting for the purposes of |
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| | prostitution to persons aged 18 or over does not apply where proceedings for such an offence have |
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| | started prior to commencement of that subsection. |
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| Clause 81, page 84, line 27, leave out paragraphs (d) and (e) and insert— |
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| | “( ) | sections 66 to (Child sexual exploitation);” |
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| | Member’s explanatory statement
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| | This amendment is consequential on New Clause 8 [Child sexual exploitation]. It provides that the |
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| | New Clause extends to England and Wales only. |
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| Clause 81, page 84, line 28, at end insert— |
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| | “( ) | sections (Duty to notify police of female genital mutilation) and |
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| | (Guidance about female genital mutilation);”. |
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| | Member’s explanatory statement
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| | This amendment and amendment 7 are consequential on New Clauses 9 and 10 [Duty to notify |
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| | police of female genital mutilation] and [Guidance about female genital mutilation]. They provide |
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| | that the new clauses and the new sections they insert into the Female Genital Mutilation Act 2003 |
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| | extend to England and Wales only. |
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| Schedule 4, page 108, line 38, at end insert— |
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| | “Street Offences Act 1959 (c. 57) |
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| | 1A (1) | The Schedule to the Street Offences Act 1959 (orders under section 1(2A): |
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| | breach, amendment etc) is amended as follows. |
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| | (2) | In paragraphs 2(3), 3(3) and 5(4), for paragraphs (a) and (b) substitute “a |
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| | magistrates’ court acting in the relevant local justice area”. |
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| | (3) | In paragraph 9(2), for paragraphs (a) and (b) substitute “any magistrates’ |
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| | (5) | In paragraph 10(4), for paragraphs (a) and (b) substitute “to a prison”. |
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| | (6) | Omit paragraph 10(5). |
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| | (7) | In paragraph 11(1) omit “youth court or other”.” |
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| | Member’s explanatory statement
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| | This amendment makes consequential amendments to the Street Offences Act 1959 as a result of |
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| | the restriction of the offence of loitering or soliciting for the purposes of prostitution to persons |
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| | aged 18 or over, as provided for in subsection (7) of New Clause 8 [Child sexual exploitation]. |
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| Schedule 4, page 117, line 3, at end insert— |
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| | “( ) | In Schedule 2 to that Act (lifestyle offences: England and Wales), in paragraph |
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| | 8 (prostitution and child sex), sub-paragraph (2) is amended as follows. |
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| | ( ) | In paragraph (b), for “child prostitution or pornography” substitute “sexual |
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| | exploitation of a child”. |
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| | ( ) | In paragraph (c), for “prostitute or a child involved in pornography” substitute |
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| | “in relation to sexual exploitation”. |
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| | ( ) | In paragraph (d), for “child prostitution or pornography” substitute “sexual |
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| | exploitation of a child”.” |
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| | Member’s explanatory statement
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| | This amendment and amendments 9 and 11 to 17 are consequential on New Clause 8 [Child sexual |
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| | exploitation]. In each case they carry through to other legislative provisions the changes to the |
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| | nomenclature used in the offences in sections 48 to 50 of the Sexual Offences Act 2003, as amended |
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| Schedule 4, page 117, line 6, at end insert— |
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| | “Female Genital Mutilation Act 2003 (c.31) |
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| | | In section 8 of the Female Genital Mutilation Act 2003 (extent etc), in |
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| | subsection (4) after “Scotland” insert “and sections 5B and 5C do not extend |
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