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Hazel Blears
103
Clause 36, page 37, line 33, leave out paragraph (d).
Hazel Blears
104
Clause 36, page 37, line 34, at end insert—
'( ) Sections 28 and 29 bind persons in the service of Her Majesty; and for the purposes of—
| (c) | any rule of law under which any of the provisions of section 24, 25, 30 or 31 do not bind the Crown, |
a person is in the service of Her Majesty if he is deemed to be in such service (or to be in the naval, military or air service of Her Majesty) for the purposes of and under section 54 of the 1968 Act (Crown application).'.
Hazel Blears
107
Schedule 1, page 42, line 25, leave out sub-paragraph (a) and insert—
'(a) for subsection (1) substitute—
"(1) An application for a banning order in respect of any person may be made by—
| (a) | the relevant chief officer, or |
| (b) | the Director of Public Prosecutions, |
if it appears to him that the condition in subsection (2) is met."'.
Hazel Blears
108
Schedule 1, page 44, line 8, at end insert—
| "8A | (1) | In paragraph 1 of Schedule 1 (offences), in subparagraphs (c), (k), and (q) after "under section" insert "4A or". |
| (2) | An offence is not a relevant offence by virtue of sub-paragraph (1) if it was committed before the commencement of this paragraph.'. |
Hazel Blears
109
Schedule 1, page 45, line 14, at end insert—
| '14 | | In the section 3 of the Prosecution of Offences Act 1985 (c.23) (functions of the Director of Public Prosecutions), in subsection (2) after paragraph (fa) insert— |
| "(faa) | where it appears to him appropriate to do so, to have the conduct of applications made by him for orders under section 14B of the Football Spectators Act 1989 (banning orders made on complaint);"'. |
Lynne Featherstone
John Thurso
160
Clause 42, page 39, leave out line 16 and 17.
NEW CLAUSES
Power to search persons in attendance centres for weapons
Hazel Blears
NC7
To move the following Clause:—
'(1) A member of staff of an attendance centre who has reasonable grounds for believing that a relevant person may have with him or in his possessions—
| (a) | an article to which section 139 of the Criminal Justice Act 1988 (c.33) applies (knives and blades etc.), or |
| (b) | an offensive weapon (within the meaning of the Prevention of Crime Act 1953 (c.14)), |
may search the relevant person or his possessions for such articles and weapons.
(2) A search under this section may be carried out only where the member of staff and the relevant person are on the premises of the attendance centre.
(3) A person may carry out a search under this section only if—
| (a) | he is the officer in charge of the attendance centre; or |
| (b) | he has been authorised by the officer in charge to carry out the search. |
(4) A person who carries out a search of a relevant person under this section—
| (a) | may not require the relevant person to remove any clothing other than outer clothing; |
| (b) | must be of the same sex as the relevant person; and |
| (c) | may carry out the search only in the presence of another person who is aged 18 or over and is also of the same sex as the relevant person. |
(5) A relevant person's possessions may not be searched under this section except in his presence and in the presence of a person (in addition to the person carrying out the search) who is aged 18 or over.
(6) If a person who, in the course of a search under this section, finds—
| (a) | anything which he has reasonable grounds for suspecting falls within subsection (1)(a)) or (b)), or |
| (b) | any other thing which he has reasonable grounds for suspecting is evidence in relation to an offence, |
he may seize and retain it.
(7) A person who exercises a power under this section may use such force as is reasonable in the circumstances for exercising that power.
(8) A person who seizes anything under subsection (6)) must deliver it to a police constable as soon as reasonably practicable.
(9) The Police (Property) Act 1897 (c.30) (disposal of property in the possession of the police) shall apply to property which has come into the possession of a police constable under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.
(10) An authorisation for the purposes of subsection (3))(b)) may be given either in relation to a particular search or generally in relation to searches under this section or to a particular description of such searches.
(11) In this section—
'attendance centre' has the same meaning as in Part 12 of the Criminal Justice Act 2003 (c.44) (see section 221 of that Act);
'officer in charge', in relation to an attendance centre, means the member of staff for the time being in charge of that centre;
'outer clothing' includes an outer coat, a jacket, gloves and a hat;
'possessions', in relation to a person, includes any goods over which he has or appears to have control;
'relevant person', in relation to an attendance centre, means a person who is required to attend at that centre by virtue of—
(a) a relevant order (within the meaning of section 196 of the Criminal Justice Act 2003 (c.44)); or
(b) an attendance centre order under section 60 of the Powers of Criminal Courts (Sentencing) Act 2000 (c.6).
(12) The powers conferred by this section are in addition to any powers exercisable by the member of staff of an attendance centre in question apart from this section and are not to be construed as restricting such powers.'.
Cross-border provisions relating to sexual offences
Hazel Blears
NC8
To move the following Clause:—
'(1) The following provisions of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) extend to England and Wales and to Northern Ireland, as well as to Scotland—
| (a) | section 17 (which relates to the making of sexual offences prevention orders in Scotland); and |
| (b) | section 18 and the Schedule, so far as they provide for the amendment of the Sexual Offences Act 2003 (c.42) (see paragraph 3 of the Schedule, which relates to the offences in respect of which powers are exercisable under Part 2 of the 2003 Act). |
(2) In section 128 of the Sexual Offences Act 2003 (c.42) (offence of contravening a risk of sexual harm order or an interim order), after subsection (1) insert—
"(1A) In subsection (1) and, accordingly, in section 129(5) the references to a risk of sexual harm order and to an interim risk of sexual harm order include references, respectively—
| (a) | to an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) (RSHOs in Scotland); and |
| (b) | to an order under section 5 of that Act (interim RSHOs in Scotland); |
and, for the purposes of this section, prohibitions imposed by an order made in one part of the United Kingdom apply (unless expressly confined to particular localities) throughout that and every other part of the United Kingdom."
(3) In section 129 of that Act, in subsection (1)(a) (effect of conviction under section 128), for "under section 128" substitute "mentioned in subsection (1A)"; and after subsection (1) insert—
"(1A) Those offences are—
| (a) | an offence under section 128 of this Act; |
| (b) | an offence under section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) (contravention of RSHO or interim RSHO in Scotland)." |
(4) Subsection (3) of section 282 of the Criminal Justice Act 2003 (c.44) (increase of maximum sentence on summary conviction of an either way offence), so far as it applies to offences under the Sexual Offences Act 2003, applies to them as amended, extended or applied by virtue of this section.'.
Sale and disposal of tickets by unauthorised persons
Hazel Blears
NC9
To move the following Clause:—
'(1) The Criminal Justice and Public Order Act 1994 (c.33) is amended as follows.
(2) In section 166 (sale of tickets by unauthorised persons), for subsection (1) substitute—
"(1) It is an offence for an unauthorised person to—
| (a) | sell a ticket for a designated football match, or |
| (b) | otherwise to dispose of such a ticket to another person." |
(3) In subsection (2) of that section, after paragraph (a) insert—
| "(aa) | a reference to selling a ticket includes a reference to— |
| (i) | offering to sell a ticket; |
| (ii) | exposing a ticket for sale; |
| (iii) | making a ticket available for sale by another; |
| (iv) | advertising that a ticket is available for purchase; and |
| (v) | giving a ticket to a person who pays or agrees to pay for some other goods or services or offering to do so." |
(4) After section 166 insert—
"166A Supplementary provision relating to sale and disposal of tickets on internet
(1) Nothing in section 166 makes it an offence for a service provider established outside of the United Kingdom to do anything in the course of providing information society services.
(2) If—
| (a) | a service provider established in the United Kingdom does anything in a EEA State other than the United Kingdom in the course of providing information society services, and |
| (b) | the action, if done in England and Wales, would constitute an offence falling within section 166(1), |
the service provider shall be guilty in England and Wales of an offence under that section.
(3) A service provider is not capable of being guilty of an offence under section 166 in respect of anything done in the course of providing so much of an information society service as consists in—
| (a) | the transmission in a communication network of information falling within subsection (4), or |
| (b) | the storage of information provided by a recipient of the service, |
except where subsection (5) applies.
(4) Information falls within this subsection if—
| (a) | it is provided by a recipient of the service; and |
| (b) | it is the subject of automatic, intermediate and temporary storage which is solely for the purpose making the onward transmission of the information to other recipients of the service at their request more efficient. |
(5) This subsection applies at any time in relation to information if—
| (a) | the service provider knew when that information was provided that it contained material contravening section 166; or |
| (b) | that information is stored at that time (whether as mentioned in subsection (3)(b) or (4)) in consequence of the service provider's failure expeditiously to remove the information, or to disable access to it, upon obtaining actual knowledge that the information contained material contravening section 166. |
(6) In this section—
'the Directive' means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce);
'information society services'—
| (a) | has the meaning set out in Article 2(a) of the Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by Directive 98/48/EC of 20 July 1998); and |
| (b) | is summarised in recital 17 of the Directive as covering 'any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service'; |
'EEA State' means a state which is for the time being a member State, Norway, Iceland or Liechtenstein;
'recipient of the service' means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;
'service provider' means any person providing an information society service.".'.
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