Session 2014 - 15
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Notices of Amendments:                               

1546

 

, continued

 
 

Secretary Theresa May

 

Schedule  4,  page  117,  line  10,  at end insert—

 

“          

In section 54 of the Sexual Offences Act 2003 (sections 51A to 53A:

 

interpretation), for subsections (2) and (3) substitute—

 

“(2)    

In sections 51A, 52, 53 and 53A “prostitute” means a person (A) who,

 

on at least one occasion and whether or not compelled to do so, offers

 

or provides sexual services to another person in return for payment or

 

a promise of payment to A or a third person; and “prostitution” is to be

 

interpreted accordingly.

 

(3)    

In subsection (2) and section 53A, “payment” means any financial

 

advantage, including the discharge of an obligation to pay or the

 

provision of goods or services (including sexual services) gratuitously

 

or at a discount.””

 

Member’s explanatory statement

 

This amendment is consequential on New Clause 8 [Child sexual exploitation]. It amends section

 

54 of the Sexual Offences Act 2003 so as to preserve the existing definitions of “prostitute” and

 

“payment” for the purposes of sections 51A to 53A of that Act.

 

Secretary Theresa May

 

Schedule  4,  page  117,  line  12,  at end insert—

 

“   ( )  

In section 136A of that Act (meaning of specified prostitution offence etc)

 

subsection (2) is amended as follows.

 

      ( )  

After paragraph (a) insert—

 

“(aa)    

an offence under section 48 of this Act committed by causing

 

or inciting a child to be sexually exploited within the meaning

 

given by section 51(2)(a);”.

 

      ( )  

In paragraph (b), for “section 48 of this Act, or Article 38 of the Northern

 

Ireland order,” substitute “Article 38 of the Northern Ireland order”.”

 

      ( )  

After paragraph (b) insert—

 

“(ba)    

an offence under section 49 of this Act committed by

 

controlling the activities of a child in relation to sexual

 

exploitation within the meaning given by section 51(2)(a);”.

 

      ( )  

In paragraph (c), for “section 49 of this Act, or Article 39 of the Northern

 

Ireland order,” substitute “Article 39 of the Northern Ireland order”.

 

      ( )  

After paragraph (c) insert—

 

“(ca)    

an offence under section 50 of this Act committed by

 

arranging or facilitating the sexual exploitation, within the

 

meaning given by section 51(2)(a), of a child;”.

 

      ( )  

In paragraph (d), for “section 50 of this Act, or Article 40 of the Northern

 

Ireland order,” substitute “Article 49 of the Northern Ireland order”.

 

    ( )  

Subsection (3) of that section is amended as follows.

 

      ( )  

Before paragraph (a) insert—

 

“(za)    

an offence under section 48 of this Act committed by causing

 

or inciting a child to be sexually exploited within the meaning

 

given by section 51(2)(b);”.

 

      ( )  

In paragraph (a), for “section 48 of this Act, or Article 38 of the Northern

 

Ireland order,” substitute “Article 38 of the Northern Ireland order”.


 
 

Notices of Amendments:                               

1547

 

, continued

 
 

      ( )  

After paragraph (a) insert—

 

“(aa)    

an offence under section 49 of this Act committed by

 

controlling the activities of a child in relation to sexual

 

exploitation within the meaning given by section 51(2)(b);”.

 

      ( )  

In paragraph (b), for “section 49 of this Act, or Article 39 of the Northern

 

Ireland order,” substitute “Article 39 of the Northern Ireland order”.

 

      ( )  

After paragraph (b) insert—

 

“(ba)    

an offence under section 50 of this Act committed by

 

arranging or facilitating the sexual exploitation, within the

 

meaning given by section 51(2)(b), of a child;”.

 

      ( )  

In paragraph (c), for “section 50 of this Act, or Article 40 of the Northern

 

Ireland order,” substitute “Article 49 of the Northern Ireland order”.”

 

Secretary Theresa May

 

Schedule  4,  page  117,  line  13,  leave out paragraph 59

 

Member’s explanatory statement

 

The effect of this amendment is that new offence of sexual communication with a child under clause

 

67 will be subject to those provisions of the Sexual Offences Act 2003 which provide for extra-

 

territorial jurisdiction; as such, offences committed outside the United Kingdom may in certain

 

circumstances be prosecuted in England and Wales.

 

Secretary Theresa May

 

Schedule  4,  page  117,  line  36,  leave out “In”

 

Secretary Theresa May

 

Schedule  4,  page  117,  line  37,  leave out “, after” and insert “is amended as follows.

 

      ( )  

After”

 

Secretary Theresa May

 

Schedule  4,  page  117,  line  39,  at end insert—

 

    “( )  

In paragraph 136, for “child prostitution or pornography” substitute “sexual

 

exploitation of a child”.

 

      ( )  

In paragraph 137, for “prostitute or a child involved in pornography” substitute

 

“in relation to sexual exploitation”.

 

      ( )  

In paragraph 138, for “child prostitution or pornography” substitute “sexual

 

exploitation of a child”.”

 

Secretary Theresa May

 

Schedule  4,  page  117,  line  39,  at end insert—

 

    “( )  

Schedule 15B to that Act (offences listed for the purposes of sections 224A,

 

226A and 246A) is amended as follows.

 

      ( )  

In paragraph 35, for “child prostitution or pornography” substitute “sexual

 

exploitation of a child”.

 

      ( )  

In paragraph 36, for “prostitute or a child involved in pornography” substitute

 

“in relation to sexual exploitation”.

 

      ( )  

In paragraph 37, for “child prostitution or pornography” substitute “sexual

 

exploitation of a child”.”


 
 

Notices of Amendments:                               

1548

 

, continued

 
 

Secretary Theresa May

 

Schedule  4,  page  118,  line  3,  at end insert—

 

    “( )  

In paragraph 7(e), for “abuse of children through prostitution and

 

pornography” substitute “sexual exploitation of children”.”

 

Secretary Theresa May

 

Schedule  4,  page  119,  line  16,  after “Wales),” insert “in paragraph 4 (prostitution

 

and child sex), in sub-paragraph (2)—

 

(a)    

in paragraph (b), for “child prostitution or pornography” substitute

 

“sexual exploitation of a child”;

 

(b)    

in paragraph (c), for “prostitute or a child involved in pornography”

 

substitute “in relation to sexual exploitation”;

 

(c)    

in paragraph (d), for “child prostitution or pornography” substitute

 

“sexual exploitation of a child”.

 

      ( )  

In that Part,”

 

Secretary Theresa May

 

Schedule  4,  page  120,  line  36,  at end insert—

 

Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)

 

“          

In section 116 of the Anti-social Behaviour, Crime and Policing Act 2014

 

(information about guests at hotels believed to be used for child sexual

 

exploitation), in subsection (8)(a), for “prostitution and pornography”

 

substitute “sexual exploitation”.”

 

Secretary Theresa May

 

Title,  line  2,  after “1933,” insert “the Sexual Offences Act 2003, the Street Offences Act

 

1959,”

 

Secretary Theresa May

 

Title,  line  5,  leave out from “agents;” to first “to” in line 6

 

Mr Elfyn Llwyd

 

NC11

 

To move the following Clause

 

         

“Child protection: 16 and 17 year olds living with their families

 

(1)    

The Children’s Act 1933 is amended as follows.

 

(2)    

After section 1 insert—

 

“1A    

Cruelty to a person aged sixteen or seventeen

 

(1)    

If any person A, who has attained the age of eighteen years and is

 

personally connected to a child B aged sixteen or seventeen, wilfully

 

assaults, ill-treats (whether physically or psychologically), neglects,

 

abandons, or exposes him, or causes or procures for him to be assaulted,

 

ill-treated (whether physically or psychologically), neglected,

 

abandoned, or exposed, in a manner likely to cause him unnecessary


 
 

Notices of Amendments:                               

1549

 

, continued

 
 

suffering or injury to health (including injury to or loss of sight, or

 

hearing, or limb, or organ of the body and whether the injury is of

 

physical or psychological nature), that person shall be guilty of an

 

offence, and shall be liable—

 

(a)    

on conviction or indictment, to a fine or alternatively, or in

 

addition thereto, to imprisonment for any term not exceeding 10

 

years;

 

(b)    

on summary conviction, to a fine not exceeding £400 pounds, or

 

alternatively, or in addition thereto, to imprisonment not

 

exceeding six months.

 

(2)    

For the purposes of this section—

 

(a)    

A and B are considered to be personally connected if at the time

 

of the offence they live together, and

 

(i)    

A has parental responsibility for B

 

(ii)    

A is a relative of B

 

(iii)    

A is or has been married or civil partner to B’s parent.

 

(b)    

A shall be deemed to have neglected B in a manner likely to

 

cause injury to his health if he has failed to provide adequate

 

food, clothing, medical aid or lodging for him or if, having been

 

unable otherwise to provide such food, clothing, medical aid or

 

lodging, he has failed to take steps to procure it to be provided to

 

B.

 

(3)    

A person may be convicted of an offence under this section—

 

(a)    

notwithstanding that actual suffering or injury to health, or the

 

likelihood of actual suffering or injury to health, was obviated by

 

the action of another person;

 

(b)    

notwithstanding the death of B.

 

(4)    

In subsection (2)—

 

“parental responsibility” has the same meaning as in the Children Act 1989;

 

“relative” has the meaning given by section 63(1) of the Family Law Act

 

1996”

 

Mr Elfyn Llwyd

 

NC12

 

To move the following Clause

 

         

“Child Abduction Warning Notices: extension to vulnerable 16 and 17 year

 

olds

 

(1)    

The Children’s Act 1989 is amended as follows.

 

(2)    

After section 49 of the Children Act 1989 insert—

 

“49A  

Abduction of vulnerable children aged sixteen or seventeen

 

(1)    

A person shall be guilty of an offence if, knowlingly and without lawful

 

authority or reasonable excuse, he

 

(a)    

takes a child to whom this section applies away from a person

 

with parental responsibility or child’s place of residence; or

 

(b)    

keeps such a child away from the responsible person or child’s

 

place of residence; or


 
 

Notices of Amendments:                               

1550

 

, continued

 
 

(c)    

induces, assists or incites such a child to run away or stay away

 

from a person with parental responsibility or child’s place of

 

residence; and

 

(d)    

uses controlling and coercive behaviour to influence a child.

 

(2)    

This section applies in relation to a child who is—

 

(a)    

in need,

 

(b)    

looked after under section 20

 

(c)    

housed under part 7 of the Housing Act 1996,

 

(d)    

suffering or is likely to suffer significant harm subject to section

 

47 1(b).

 

(3)    

In this section

 

“parental responsibility” has a meaning as in this Act

 

“child in need” has a meaning as defined in section 17 of this Act.”

 

Sir William Cash

 

Pauline Latham

 

Clause  72,  page  63,  line  27,  leave out “the” and insert “a risk of”

 

 

NOTICES WITHDRAWN

 

The following Notices were withdrawn on 12 February 2015:

 

NC6

 


 
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Revised 13 February 2015