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| Schedule 3, page 48, line 11, at end insert— |
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| ‘Criminal Justice Act 1988 (c. 33) |
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| | Schedule, as amended, Agreed to. |
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| Clause 45, page 39, line 31, after ‘section;’, insert— |
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| | ‘() | section (Cross-border provisions relating to sexual offences);’. |
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| Clause 45, page 40, line 7, at end insert— |
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| | ‘( ) | Section (Corresponding provision for Northern Ireland) and Schedule (Weapons, |
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| | etc.: corresponding provisions for Northern Ireland) extend to Northern Ireland |
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| Clause 45, page 40, line 8, after ‘38’ insert ‘, section (Continuity of sexual offences |
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| Clause 45, page 40, line 8, after ‘39’, insert ‘and the repeal by Schedule 3 of section |
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| 141(3) of the Criminal Justice Act 1988’. |
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| | Clause, as amended, Agreed to. |
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| | Power to search persons in attendance centres for weapons |
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| To move the following Clause:— |
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| | ‘(1) | A member of staff of an attendance centre who has reasonable grounds for |
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| | believing that a relevant person may have with him or in his possessions— |
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| | (a) | an article to which section 139 of the Criminal Justice Act 1988 (c. 33) |
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| | applies (knives and blades etc.), or |
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| | (b) | an offensive weapon (within the meaning of the Prevention of Crime Act |
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| | | may search the relevant person or his possessions for such articles and weapons. |
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| | (2) | A search under this section may be carried out only where the member of staff |
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| | and the relevant person are on the premises of the attendance centre. |
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| | (3) | A person may carry out a search under this section only if— |
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| | (a) | he is the officer in charge of the attendance centre; or |
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| | (b) | he has been authorised by the officer in charge to carry out the search. |
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| | (4) | A person who carries out a search of a relevant person under this section— |
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| | (a) | may not require the relevant person to remove any clothing other than |
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| | (b) | must be of the same sex as the relevant person; and |
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| | (c) | may carry out the search only in the presence of another person who is |
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| | aged 18 or over and is also of the same sex as the relevant person. |
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| | (5) | A relevant person’s possessions may not be searched under this section except in |
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| | his presence and in the presence of a person (in addition to the person carrying |
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| | out the search) who is aged 18 or over. |
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| | (6) | If a person who, in the course of a search under this section, finds— |
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| | (a) | anything which he has reasonable grounds for suspecting falls within |
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| | subsection (1)(a) or (b), or |
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| | (b) | any other thing which he has reasonable grounds for suspecting is |
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| | evidence in relation to an offence, |
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| | | he may seize and retain it. |
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| | (7) | A person who exercises a power under this section may use such force as is |
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| | reasonable in the circumstances for exercising that power. |
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| | (8) | A person who seizes anything under subsection (6) must deliver it to a police |
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| | constable as soon as reasonably practicable. |
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| | (9) | The Police (Property) Act 1897 (c. 30) (disposal of property in the possession of |
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| | the police) shall apply to property which has come into the possession of a police |
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| | constable under this section as it applies to property which has come into the |
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| | possession of the police in the circumstances mentioned in that Act. |
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| | (10) | An authorisation for the purposes of subsection (3)(b) may be given either in |
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| | relation to a particular search or generally in relation to searches under this |
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| | section or to a particular description of such searches. |
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| | ‘attendance centre’ has the same meaning as in Part 12 of the Criminal |
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| | Justice Act 2003 (c. 44) (see section 221 of that Act); |
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| | ‘officer in charge’, in relation to an attendance centre, means the member of |
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| | staff for the time being in charge of that centre; |
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| | ‘outer clothing’ includes an outer coat, a jacket, gloves and a hat; |
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| | ‘possessions’, in relation to a person, includes any goods over which he has |
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| | or appears to have control; |
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| | ‘relevant person’, in relation to an attendance centre, means a person who is |
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| | required to attend at that centre by virtue of— |
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| | (a) | a relevant order (within the meaning of section 196 of the |
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| | Criminal Justice Act 2003 (c. 44)); or |
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| | (b) | an attendance centre order under section 60 of the Powers of |
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| | Criminal Courts (Sentencing) Act 2000 (c. 6). |
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| | (12) | The powers conferred by this section are in addition to any powers exercisable by |
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| | the member of staff of an attendance centre in question apart from this section and |
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| | are not to be construed as restricting such powers.’. |
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| | Cross-border provisions relating to sexual offences |
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| To move the following Clause:— |
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| | ‘(1) | The following provisions of the Protection of Children and Prevention of Sexual |
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| | Offences (Scotland) Act 2005 (asp 9) extend to England and Wales and to |
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| | Northern Ireland, as well as to Scotland— |
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| | (a) | section 17 (which relates to the making of sexual offences prevention |
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| | (b) | section 18 and the Schedule, so far as they provide for the amendment of |
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| | the Sexual Offences Act 2003 (c. 42) (see paragraph 3 of the Schedule, |
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| | which relates to the offences in respect of which powers are exercisable |
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| | under Part 2 of the 2003 Act). |
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| | (2) | In section 128 of the Sexual Offences Act 2003 (c. 42) (offence of contravening |
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| | a risk of sexual harm order or an interim order), after subsection (1) insert— |
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| | “(1A) | In subsection (1) and, accordingly, in section 129(5) the references to a |
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| | risk of sexual harm order and to an interim risk of sexual harm order |
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| | include references, respectively— |
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| | (a) | to an order under section 2 of the Protection of Children and |
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| | Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) |
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| | (b) | to an order under section 5 of that Act (interim RSHOs in |
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| | | and, for the purposes of this section, prohibitions imposed by an order |
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| | made in one part of the United Kingdom apply (unless expressly confined |
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| | to particular localities) throughout that and every other part of the United |
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| | (3) | In section 129 of that Act, in subsection (1)(a) (effect of conviction under section |
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| | 128), for “under section 128” substitute “mentioned in subsection (1A)”; and |
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| | after subsection (1) insert— |
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| | “(1A) | Those offences are— |
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| | (a) | an offence under section 128 of this Act; |
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| | (b) | an offence under section 7 of the Protection of Children and |
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| | Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) |
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| | (contravention of RSHO or interim RSHO in Scotland).” |
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| | (4) | Subsection (3) of section 282 of the Criminal Justice Act 2003 (c. 44) (increase |
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| | of maximum sentence on summary conviction of an either way offence), so far as |
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| | it applies to offences under the Sexual Offences Act 2003, applies to them as |
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| | amended, extended or applied by virtue of this section.’. |
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| | Sale and disposal of tickets by unauthorised persons |
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| To move the following Clause:— |
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| | ‘(1) | The Criminal Justice and Public Order Act 1994 (c. 33) is amended as follows. |
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| | (2) | In section 166 (sale of tickets by unauthorised persons), for subsection (1) |
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| | “(1) | It is an offence for an unauthorised person to— |
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| | (a) | sell a ticket for a designated football match, or |
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| | (b) | otherwise to dispose of such a ticket to another person.” |
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| | (3) | In subsection (2) of that section, after paragraph (a) insert— |
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| | “(aa) | a reference to selling a ticket includes a reference to— |
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| | (i) | offering to sell a ticket; |
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| | (ii) | exposing a ticket for sale; |
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| | (iii) | making a ticket available for sale by another; |
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| | (iv) | advertising that a ticket is available for purchase; and |
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| | (v) | giving a ticket to a person who pays or agrees to pay for |
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| | some other goods or services or offering to do so.” |
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| | (4) | After section 166 insert— |
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| | “166A | Supplementary provision relating to sale and disposal of tickets on |
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| | (1) | Nothing in section 166 makes it an offence for a service provider |
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| | established outside of the United Kingdom to do anything in the course |
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| | of providing information society services. |
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| | (a) | a service provider established in the United Kingdom does |
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| | anything in a EEA State other than the United Kingdom in the |
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| | course of providing information society services, and |
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| | (b) | the action, if done in England and Wales, would constitute an |
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| | offence falling within section 166(1), |
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| | | the service provider shall be guilty in England and Wales of an offence |
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| | (3) | A service provider is not capable of being guilty of an offence under |
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| | section 166 in respect of anything done in the course of providing so |
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| | much of an information society service as consists in— |
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| | (a) | the transmission in a communication network of information |
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| | falling within subsection (4), or |
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| | (b) | the storage of information provided by a recipient of the service, |
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| | | except where subsection (5) applies. |
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| | (4) | Information falls within this subsection if— |
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| | (a) | it is provided by a recipient of the service; and |
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| | (b) | it is the subject of automatic, intermediate and temporary storage |
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| | which is solely for the purpose making the onward transmission |
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| | of the information to other recipients of the service at their |
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| | (5) | This subsection applies at any time in relation to information if— |
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| | (a) | the service provider knew when that information was provided |
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| | that it contained material contravening section 166; or |
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| | (b) | that information is stored at that time (whether as mentioned in |
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| | subsection (3)(b) or (4)) in consequence of the service provider’s |
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| | failure expeditiously to remove the information, or to disable |
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| | access to it, upon obtaining actual knowledge that the |
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| | information contained material contravening section 166. |
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| | ‘the Directive’ means Directive 2000/31/EC of the European Parliament |
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| | and of the Council of 8 June 2000 on certain legal aspects of information |
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| | society services, in particular electronic commerce, in the Internal |
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| | Market (Directive on electronic commerce); |
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| | ‘information society services’— |
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| | (a) | has the meaning set out in Article 2(a) of the Directive (which |
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| | refers to Article 1(2) of Directive 98/34/EC of the European |
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| | Parliament and of the Council of 22 June 1998 laying down a |
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| | procedure for the provision of information in the field of |
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| | technical standards and regulations, as amended by Directive 98/ |
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| | 48/EC of 20 July 1998); and |
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| | (b) | is summarised in recital 17 of the Directive as covering ‘any |
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| | service normally provided for remuneration, at a distance, by |
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| | means of electronic equipment for the processing (including |
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| | digital compression) and storage of data, and at the individual |
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| | request of a recipient of a service’; |
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| | ‘EEA State’ means a state which is for the time being a member State, |
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| | Norway, Iceland or Liechtenstein; |
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| | ‘recipient of the service’ means any person who, for professional ends or |
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| | otherwise, uses an information society service, in particular for the |
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| | purposes of seeking information or making it accessible; |
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| | ‘service provider’ means any person providing an information society |
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| | Prohibition on sale or transfer of air weapons except by registered dealers |
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| To move the following Clause:— |
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| | ‘(1) | In subsection (1) of section 3 of the 1968 Act (offence for a person other than a |
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| | registered firearms dealer to sell etc. a firearm or ammunition by way of trade or |
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| | business), at the end of paragraph (b) insert “or |
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| | (c) | sells or transfers an air weapon, exposes such a weapon for sale |
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| | or transfer or has such a weapon in his possession for sale or |
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| | (2) | In section 40(2) of that Act (which excludes air weapons from the requirements |
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| | to keep a register of transactions), omit the words from “to firearms” to “therein”. |
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| | (3) | In section 57(4) of that Act (interpretation), in the definition of “firearms dealer”, |
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| | for the words from “manufactures” onwards substitute— |
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