S.C.B.
Amendment Paper as at
Tuesday 16th September 2003
STANDING COMMITTEE B
New Amendments handed in are marked thus *
SEXUAL OFFENCES BILL [LORDS]
Mr Dominic Grieve
Mr Humfrey Malins
148
Clause 15, page 6, line 4, leave out 'arranges or'.
Mr Dominic Grieve
Mr Humfrey Malins
201
Clause 15, page 6, line 12, leave out paragraph (b).
Paul Goggins
46
Clause 15, page 6, line 15, after 'not', insert 'for the purpose of obtaining sexual gratification or'.
Mr Dominic Grieve
Mr Humfrey Malins
155
Page 5, line 39, leave out Clause 15.
Mr Dominic Grieve
Mr Humfrey Malins
149
Clause 16, page 6, line 26, at end add 'and outside the United Kingdom'.
Paul Goggins
47
Clause 16, page 6, line 28, leave out 'a photograph or pseudo-photograph' and insert 'an image'.
Mr Dominic Grieve
Mr Humfrey Malins
142
Page 6, line 22, leave out Clause 16.
Mr Dominic Grieve
Mr Humfrey Malins
200
Clause 74, page 35, line 35, leave out paragraph (b).
Paul Goggins
48
Clause 74, page 35, line 38, after 'not', insert 'for the purpose of obtaining sexual gratification or'.
Paul Goggins
49
Clause 74, page 35, line 38, leave out 'either'.
Mr Dominic Grieve
Mr Humfrey Malins
156
Clause 17, page 6, line 37, at end insert—
'( ) the earlier communications are sexual in nature or involve A impersonating another person in a way calculated to induce B to believe that it would be safe and appropriate to meet A,.'.
Mr Dominic Grieve
Mr Humfrey Malins
40
Clause 17, page 7, line 21, leave out '7' and insert '14'.
Mr Dominic Grieve
Mr Humfrey Malins
202
Clause 20, page 9, line 10, leave out 'for the purpose of obtaining sexual gratification'.
Paul Goggins
50
Clause 20, page 9, line 10, leave out from 'it' to 'knowing' in line 11 and insert—
| '(i) | when another person (B) is present or is in a place from which A can be observed, and |
Paul Goggins
51
Clause 21, page 10, line 5, leave out 'a photograph or pseudo-photograph' and insert 'an image'.
Mr Dominic Grieve
Mr Humfrey Malins
145
Clause 23, page 11, line 30, at end insert—
'( ) A shall have a defence if at the start of his work at the educational institution—
| (c) | the educational institution did not expressly draw his attention to section 23 of this Act prior to the start of any sexual relationship between A and B'. |
Paul Goggins
207
Clause 23, page 11, line 30, at end insert—
'() This subsection applies if A is appointed to be the guardian of B under Article 159 or 160 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).'.
Paul Goggins
208
Clause 23, page 11, line 33, at end insert—
'() This subsection applies if A, as a person who is to report to the court under section 7 of the Children Act 1989 (c. 41) or Article 4 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) on matters relating to the welfare of B, regularly has unsupervised contact with B alone (whether face to face or by any other means).'.
Paul Goggins
209
Clause 23, page 11, line 39, at end insert—
'() This subsection applies if—
| (a) | B is subject to a care order, a supervision order or an education supervision order, and |
| (b) | in the exercise of functions conferred by virtue of the order on an authorised person or the authority designated by the order, A looks after B on an individual basis. |
() This subsection applies if A—
| (a) | is an officer of the Service appointed for B under section 41(1) of the Children Act 1989 (c.41), |
| (b) | is appointed a children's guardian of B under rule 6 or rule 18 of the Adoption Rules 1984 (S.I. 1984/265), or |
| (c) | is appointed to be the guardian ad litem of B under rule 9.5 of the Family Proceedings Rules 1991 (S. I. 1991/1247) or under Article 60(1) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)), |
and, in that capacity, regularly has unsupervised contact with B alone (whether face to face or by any other means).'.
Annette Brooke
Sandra Gidley
Mr Dominic Grieve
Mr Humfrey Malins
187
Clause 24, page 12, line 3, leave out 'regularly'.
Mr Dominic Grieve
Mr Humfrey Malins
Annette Brooke
Sandra Gidley
150
Clause 24, page 12, line 7, leave out 'regularly'.
Mr Dominic Grieve
Mr Humfrey Malins
Annette Brooke
Sandra Gidley
151
Clause 24, page 12, line 8, leave out 'regularly'.
Paul Goggins
210
Clause 24, page 12, line 23, at end insert—
'"care order" has—in relation to England and Wales, the same meaning as in the Children Act 1989 (c.41), andin relation to Northern Ireland, the same meaning as in the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));'.
Paul Goggins
211
Clause 24, page 12, line 34, at end insert—
'"education supervision order" has—in relation to England and Wales, the meaning given by section 36 of the Children Act 1989 (c.41), andin relation to Northern Ireland, the meaning given by Article 49(1) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));'.
Paul Goggins
212
Clause 24, page 13, line 8, at end insert—
'"supervision order" has—in relation to England and Wales, the meaning given by section 31(11) of the Children Act 1989 (c.41), andin relation to Northern Ireland, the meaning given by Article 49(1) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));'.
Mr Dominic Grieve
Mr Humfrey Malins
Annette Brooke
Sandra Gidley
143
Page 13, line 15, leave out Clause 25.
Annette Brooke
Sandra Gidley
188
Clause 26, page 13, line 29, at end insert 'and that the relationship commenced before the defendant was aware that he would be in a position of trust.'.
Mr Dominic Grieve
Mr Humfrey Malins
203
Clause 28, page 14, line 31, leave out sub-paragraph (ii).
Paul Goggins
109
Clause 29, page 15, line 13, leave out from beginning to second 'or'.
Paul Goggins
110
Clause 29, page 15, line 18, leave out 'partner of the other's parent' and insert 'other's step-parent'.
Mr Dominic Grieve
Mr Humfrey Malins
152
Clause 29, page 15, line 19, leave out subsection (b).
Paul Goggins
111
Clause 29, page 15, line 40, at beginning insert ' "step-parent" includes a parent's partner and'.
Mr Dominic Grieve
Mr Humfrey Malins
Annette Brooke
Sandra Gidley
144
Page 15, line 41, leave out Clause 30.
Mr Dominic Grieve
Mr Humfrey Malins
153
Clause 65, page 31, line 37, at end add 'uncle, aunt, nephew or niece'.
Mr Dominic Grieve
Mr Humfrey Malins
154
Clause 66, page 32, line 17, at end add 'uncle, aunt, nephew or niece'.
Annette Brooke
Sandra Gidley
189
Clause 32, page 16, line 20, leave out 'refuse' and insert 'consent'.
Paul Goggins
52
Clause 32, page 16, line 20, leave out 'or learning disability'.
Paul Goggins
53
Clause 32, page 16, line 23, leave out 'or learning disability'.
Annette Brooke
Sandra Gidley
190
Clause 32, page 16, line 25, leave out 'refuse' and insert 'consent'.
Paul Goggins
112
Clause 32, page 16, line 28, leave out 'possible' and insert 'reasonably foreseeable'.
Annette Brooke
Sandra Gidley
191
Clause 33, page 17, line 7, leave out 'refuse' and insert 'consent'.
