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Duty to monitor operation of Act and promote best practice
Annette Brooke
Sandra Gidley
NC12
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
Annette Brooke
Sandra Gidley
NC13
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, |
| (f) | with respect to such other matters concerned with this Part as he thinks fit. |
(2) The Lord Chancellor may from time to time revise any such code.
(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, |
| (g) | acting in relation to any other matters of concern to this Act. |
(7) A code of practice—
| (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.'. |
NEW SCHEDULES
Paul Goggins
NS1
To move the following Schedule:—
'Procedure for ending notification requirements for abolished homosexual offences
| 1 | | This Schedule applies where a relevant offender is subject to the notification requirements of this Part as a result of a conviction, finding or caution in respect of an offence under section 12 or 13 of the Sexual Offences Act 1956 (c.69) (buggery or indecency between men). |
| 2 | (1) | The relevant offender may apply to the Secretary of State for a decision as to whether it appears that the person with whom the act of buggery or gross indecency was committed— |
(a) was aged 16 or over at the time of the offence, and
(b) consented to the act.
| (2) | An application must be in writing and state— |
(a) the name, address and date of birth of the relevant offender,
(b) his name and address at the time of the conviction, finding or caution,
(c) so far as known to him, the time when and the place where the conviction or finding was made or the caution given and, for a conviction or finding, the case number,
(d) such other information as the Secretary of State may require.
| (3) | An application may include representations by the relevant offender about the matters mentioned in sub-paragraph (1). |
| 3 | (1) | In making the decision applied for, the Secretary of State must consider— |
(a) any representations included in the application, and
(b) any available record of the investigation of the offence and of any proceedings relating to it that appears to him to be relevant,
but is not to seek evidence from any witness.
| (2) | On making the decision the Secretary of State must— |
(a) record it in writing, and
(b) give notice in writing to the relevant offender.
| 4 | (1) | If the Secretary of State decides that it appears as mentioned in paragraph 2(1), the relevant offender ceases, from the beginning of the day on which the decision is recorded under paragraph 3(2)(a), to be subject to the notification requirements of this Part as a result of the conviction, finding or caution in respect of the offence. |
| (2) | Sub-paragraph (1) does not affect the operation of this Part as a result of any other conviction, finding or caution or any court order. |
| 5 | (1) | If the Secretary of State decides that it does not appear as mentioned in paragraph 2(1), and if the High Court gives permission, the relevant offender may appeal to that court. |
| (2) | On an appeal the court may not receive oral evidence. |
(a) if it decides that it appears as mentioned in paragraph 2(1), must make an order to that effect,
(b) otherwise, must dismiss the appeal.
| (4) | An order under sub-paragraph (3)(a) has the same effect as a decision of the Secretary of State recorded under paragraph 3(2)(a) has under paragraph 4. |
| (5) | There is no appeal from the decision of the High Court. |
| 6 | | Until the coming into force of the repeal by this Act of Part 1 of the Sex Offenders Act 1997 (c.51), this Schedule has effect as if references to this Part of this Act were references to Part 1 of that Act.'. |
ORDER OF THE HOUSE [15TH JULY 2003]
That the following provisions shall apply to the Sexual Offences Bill [Lords]:
Committal
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.
Other proceedings
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]
That—
(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; |
| (e) | on Tuesday 14th October at 10.30 a.m. and 4.30 p.m.; and |
(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.
TABLE
| 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. |
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