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Paul Goggins
350
Schedule 5, page 97, line 35, at end insert—
| | 39A | In Schedule 2 to the Access to Justice (Northern Ireland) Order 2003, in paragraph 2(d)— |
(a) omit sub-paragraph (x),
(b) omit "or" at the end of sub-paragraph (xi),
(c) at the end of sub-paragraph (xii) insert "or
| (xiii) | under section 90, 91, 95, 98, 102, 106, 107, 112, 116, 121, 123 or 124 of the Sexual Offences Act 2003,".'. |
Paul Goggins
351
Schedule 5, page 98, line 1, leave out from '(a)' to 'and' in line 2.
Paul Goggins
352
Schedule 6, page 98, line 21, at end insert—
| 'Visiting Forces Act 1952 (c.67) | In the Schedule, in paragraph 1(a) the words "rape, buggery"; paragraph 1(b)(viii). |
| Army Act 1955 (3&4Eliz.2 c.18) | In section 70(4), the words "or rape".'. |
| Air Force Act 1955 (3&4Eliz.2 c.19) | In section 70(4), the words "or rape".'. |
Paul Goggins
353
Schedule 6, page 98, line 25, column 2, leave out from 'to' to '47' in line 28.
Paul Goggins
355
Schedule 6, page 98, line 29, at end insert—
| 'Naval Discipline Act 1957 (c.53) | In section 48(2), the words "or rape".'. |
Paul Goggins
356
Schedule 6, page 98, line 43, at end insert—
| 'Criminal Justice Act 1972 (c.71) | Section 48.'. |
Paul Goggins
357
Schedule 6, page 99, line 9, at end insert—
| 'Internationally Protected Persons Act 1978 (c.17) | In section 1(1)(a), the word "rape,". |
| Suppression of Terrorism Act 1978 (c.26) | In section 4(1)(a), the word "11,". |
| In Schedule 1, paragraph 11.'. |
Paul Goggins
358
Schedule 6, page 99, line 10, column 2, at beginning insert—
| 'In section 103(2)(c), the words from "the Indecency with Children Act 1960" to "1977 or". |
| In Schedule 1, paragraphs 23, 27 and 32.'. |
Paul Goggins
359
Schedule 6, page 99, line 11, at end insert—
| 'Criminal Attempts Act 1981 (c.47) | In section 4(5), paragraph (a) and the word "and" immediately after it.'. |
Paul Goggins
360
Schedule 6, page 99, line 15, at end insert—
| 'Criminal Justice Act 1982 (c.48) | In Schedule 1, paragraph 2, the cross-heading immediately before paragraph 12, and paragraphs 12 to 14.'. |
Paul Goggins
361
Schedule 6, page 99, line 30, at end insert—
| 'Police and Criminal Evidence Act 1984 (c.60) | In section 80(7), the words from "the Sexual Offences Act 1956" to "1977 or". |
| In Schedule 1A, paragraph 4 and the cross-heading immediately before it. |
| In Part 1 of Schedule 5, paragraphs 4 and 6 to 8. |
| In Part 2 of Schedule 5, paragraph 2 and the cross-heading immediately before it. |
| In Part 1 of Schedule 6, paragraph 9.'. |
Paul Goggins
362
Schedule 6, page 99, line 31, column 2, at beginning insert—
Paul Goggins
363
Schedule 6, page 99, line 35, at end insert—
| Criminal Justice Act 1988 (c.33) | In section 32(2)(c), the words from "the Sexual Offences Act 1956" to "1977 or".'. |
Paul Goggins
364
Schedule 6, page 99, leave out lines 37 and 38.
Paul Goggins
365
Schedule 6, page 99, line 40, at end insert—
| 'Criminal Procedure and Investigations Act 1996 (c.25) | Section 56(2)(a). |
| Sexual Offences (Conspiracy and Incitement) Act 1996 (c.29) | In the Schedule, paragraph 1(1)(a). |
| Sexual Offences (Protected Material) Act 1997 (c.39) | In the Schedule, paragraphs 1 to 4.'. |
Paul Goggins
366
Schedule 6, page 100, line 17, column 2, leave out 'paragraph' and insert 'paragraphs 36 and'.
Paul Goggins
367
Schedule 6, page 100, line 23, at end insert—
| 'Youth Justice and Criminal Evidence Act 1999 (c.23) | In section 35(3)(a), sub-paragraphs (i) to (iv).'. |
Paul Goggins
368
Schedule 6, page 100, line 24, at beginning insert—
| 'Section 161(2)(a) to (e).'. |
Paul Goggins
369
Schedule 6, page 100, line 28, at end insert—
| 'In Schedule 4, paragraphs 1(c) to (i), 2(g) to (m) and 3(b) to (r).'. |
Paul Goggins
370
Schedule 6, page 100, line 39, at end insert—
| 'Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) | In Schedule 2, in paragraph (2)(d), sub-paragraph (x) and the word "or" at the end of sub-paragraph (xi).'. |
Paul Goggins
371
Schedule 6, page 100, line 40, column 2, leave out from '(a)' to end of line 41.
Paul Goggins
372
Clause 139, page 74, line 21, after '48' insert 'to 56, 58'.
NEW CLAUSES
Abolished homosexual offences
Paul Goggins
NC14
To move the following Clause:—
'Schedule (Procedure for ending notification requirements for abolished homosexual offences) (procedure for ending notification requirements for abolished homosexual offences) has effect.'.
Part 2: supply of information to Secretary of State etc. for verification
Paul Goggins
NC15
To move the following Clause:—
'(1) This section applies to information notified to the police under—
| (a) | section 84, 85 or 86, or |
| (b) | section 2(1) to (3) of the Sex Offenders Act 1997 (c.51). |
(2) A person within subsection (3) may, for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, supply information to which this section applies to—
| (a) | the Secretary of State, |
| (b) | a Northern Ireland Department, or |
| (c) | a person providing services to the Secretary of State or a Northern Ireland Department in connection with a relevant function, |
for use for the purpose of verifying the information.
(3) The persons are—
| (a) | a chief officer of police (in Scotland, a chief constable), |
| (b) | the Police Information Technology Organisation, |
| (c) | the Director General of the National Criminal Intelligence Service, |
| (d) | the Director General of the National Crime Squad. |
(4) In relation to information supplied under subsection (2) to any person, the reference to verifying the information is a reference to—
| (a) | checking its accuracy by comparing it with information held— |
| (i) | where the person is the Secretary of State or a Northern Ireland Department, by him or it in connection with the exercise of a relevant function, or |
| (ii) | where the person is within subsection (2)(c), by that person in connection with the provision of services referred to there, and |
| (b) | compiling a report of that comparison. |
(5) Subject to subsection (6), the supply of information under this section is to be taken not to breach any restriction on the disclosure of information (however arising or imposed).
(6) This section does not authorise the doing of anything that contravenes the Data Protection Act 1998 (c.29).
(7) This section does not affect any power existing apart from this section to supply information.
(8) In this section—
"Northern Ireland Department" means, the Department for Employment and Learning, the Department of the Environment or the Department for Social Development;"relevant function" means—
| (a) | a function relating to social security, child support, employment or training, |
| (b) | a function relating to passports, |
| (c) | a function under Part 3 of the Road Traffic Act 1988 (c.52) or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)).'. |
Part 2: supply of information by Secretary of State etc.
Paul Goggins
NC16
To move the following Clause:—
'(1) A report compiled under section [Part 2: supply of information to Secretary of State etc. for verification] may be supplied by—
| (a) | the Secretary of State, |
| (b) | a Northern Ireland Department, or |
| (c) | a person within section [Part 2: supply of information to Secretary of State etc. for verification](2)(c), |
to a person within subsection (2).
(2) The persons are—
| (a) | a chief officer of police (in Scotland, a chief constable), |
| (b) | the Director General of the National Criminal Intelligence Service, |
| (c) | the Director General of the National Crime Squad. |
(3) Such a report may contain any information held—
| (a) | by the Secretary of State or a Northern Ireland Department in connection with the exercise of a relevant function, or |
| (b) | by a person within section [Part 2: supply of information to Secretary of State etc. for verification](2)(c) in connection with the provision of services referred to there. |
(4) Where such a report contains information within subsection (3), the person within subsection (2) to whom it is supplied—
| (a) | may retain the information, whether or not used for the purposes of the prevention, detection, investigation or prosecution of an offence under this Part, and |
| (b) | may use the information for any purpose related to the prevention, detection, investigation or prosecution of offences (whether or not under this Part), but for no other purpose. |
(5) Subsections (5) to (8) of section [Part 2: supply of information to Secretary of State etc. for verification] apply in relation to this section as they apply in relation to section [Part 2: supply of information to Secretary of State etc. for verification].'.
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