Information for research|
To move the following Clause:
(1) A person having functions by virtue of this Act shall, on being required to do so by the ministers of the Home Office
|(a) ||provide them or any other person specified in the requirement with such relevant information as is so specified; and|
(2) The Home Office may, under subsection (1) above, require the provision of relevant information only if, in their opinion, it is needed by them (or, as the case may be, the other person specified in the requirement) for research purposes.
|(b) ||do so in any such form as may be specified.|
(3) Information need not be provided under this section if, were it evidence which might be given in proceedings in any court in England, Wales, Northern Ireland or Scotland, the person having that evidence could not be compelled to give it in such proceedings.
(4) Where information required under subsection (1) above
|(a) ||is, or refers to, information about a natural person and would identify or enable the identification of the person; and|
it shall be so provided.
|(b) ||can reasonably be provided under subsection (1) above so as not to identify or enable the identification of the person,|
|(a) ||the person required under subsection (1) to provide the information is under a duty of confidentiality in respect of that information; and|
the information shall not be provided unless the person to whom the duty was owed has consented to its provision.
|(b) ||the person cannot provide the information without breaching the duty,|
(6) On receipt of information provided under this section, the Home Office (or any other person provided under this section with the information) may, for the purposes referred to in subsection (2) above, do any, or all of the following
|(a) ||process the information;|
(7) Regulations may provide as to the procedure to be followed in making requirements under this section for information and in providing it.
|(c) ||publish it or reports based on it.|
(8) Where information recorded otherwise than in legible form is required to be provided under this section, it shall be provided in legible form.
(9) For the purposes of this section
|(a) ||information is "relevant" if it is information as to the operation, use and consequences of this Act;|
(10) For the purposes of this section, any reference to Northern Ireland is applicable only in those circumstances where the provision as set out in Part 3, clause 139, section (2) of this Act apply.
|(b) ||a person is under a duty of confidentiality in respect of information although the person could notwithstanding that duty be compelled to give evidence as to that information in proceedings in a court in England, Wales, Northern Ireland or Scotland.|
(11) For the purposes of this section, any reference to Scotland is applicable only in those circumstances where the provisions as set out in Part 3, clause 139, section (3) of this Act apply.'.
Duty to monitor operation of Act and promote best practice
To move the following Clause:
'The Home Office shall
|(a) ||monitor the operation of this Act; and|
|(b) ||promote best practice in relation to the operation of this Act.'.|
Codes of practice
To move the following Clause:
'(1) The Lord Chancellor must prepare a code or codes of practice
|(a) ||for the guidance of persons assessing whether a person has capacity or not in relation to any of the offences set out in this Act,|
|(b) ||for the guidance of persons diagnosing or obtaining diagnoses of persons for a learning disability or mental disorder in relation to any of the offences set out in this Act,|
|(c) ||for the guidance of persons coming into contact with persons with a mental disorder or learning disability due to their pursuing legal proceedings under this Act,|
|(d) ||setting out standards of training and education required by persons to work with adults with a learning disability or mental disorder in relation to offences of this Act,|
|(e) ||that provides guidance for persons involved in the provision of services to adults in connection with their having a learning disability or mental disorder on how this provision is affected by the offences set out in this Act,|
|(e) ||with regard to the recording of information relative to this Act,|
(2) The Lord Chancellor may from time to time revise any such code.
|(f) ||with respect to such other matters concerned with this Part as he thinks fit.|
(3) Before preparing or revising a code of practice the Lord Chancellor must consult such persons as he thinks appropriate.
(4) The Lord Chancellor may delegate the preparation of the whole or any part of a code of practice so far as he considers expedient.
(5) The Lord Chancellor must publish any code of practice he has prepared or revised and lay copies of it before Parliament.
(6) It is the duty of a person to have regard to any relevant code of practice if he is
|(a) ||involved in the provision of any of the services covered by any of the offences outlined in the Act,|
|(b) ||acting in any of the roles covered by the offences set out in the Act,|
|(c) ||an employee or representative, whether paid or not and whether under contract or not, of the Crown Prosecution Service or the Police,|
|(d) ||acting in relation to any person with a learning disability or mental disorder,|
|(e) ||acting in relation to any person without the capacity to consent,|
|(f) ||acting with regard to the recording of information relative to this Act,|
(7) A code of practice
|(g) ||acting in relation to any other matters of concern to this Act.|
|(a) ||is admissible in evidence in any civil or criminal proceedings, and|
|(b) ||may be taken into account by the court in any case in which it appears to the court to be relevant.'.|
ORDER OF THE HOUSE [15TH JULY 2003]
That the following provisions shall apply to the Sexual Offences Bill [Lords]:
1. The Bill shall be committed to a Standing Committee.
Proceedings in Standing Committee
2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 14th October 2003.
3. The Standing Committee shall have leave to sit twice on the first day on which it meets.
Consideration and Third Reading
4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.
5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
6. Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.
7. Any other proceedings on the Bill (including any proceedings on consideration of any message from the Lords) may be programmed.
ORDER OF THE COMMITTEE [9th SEPTEMBER 2003]
(1) during proceedings on the Sexual Offences Bill [Lords] the Standing Committee shall, in addition to its first meeting on Tuesday 9th September at 9.10 a.m., meet
|(a) ||on that day at 2.30 p.m;|
|(b) ||on Thursday 11th September at 9.10 a.m. and 2.30 p.m.;|
|(c) ||on Tuesday 16th September at 9.10 a.m. and 2.30 p.m.;|
|(d) ||on Thursday 18th September at 9.10 a.m and 2.30 p.m;|
(10) the proceedings shall be taken in the order shown in the first column of the following Table, and shall (so far as not previously concluded) be brought to a conclusion at the time specified in the second column of the Table.
|(e) ||on Tuesday 14th October at 10.30 a.m. and 4.30 p.m.; and|
|Proceedings||Time for conclusion of proceedings|
|Clauses 1, 3 to 5, 76 to 78, 2||6.55 p.m. on Tuesday 9th September|
|Clauses 6 to 16, 74, 17 to 31, 65, 66, 32 to 46||6.55 p.m. on Tuesday 16th September|
|Clauses 47 to 57, Schedule 1, Clauses 58 to 64, 67 to 73, Schedule 2, Clauses 75, 79 and 80||5.15 p.m. on Thursday 18th September|
|Clause 81, Schedule 3, Clauses 82 to 102, Schedule 4, Clauses 103 to 136, Schedule 5, Clause 137, Schedule 6, Clauses 138 to 140, new Clauses, new Schedules and any remaining proceedings on the Bill||7 p.m. on Tuesday 14th October.|