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| | | Negatived on division 201 |
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| | Page 4, line 21 [Clause 7], at end add ‘or did not intend to seek to engage in activity |
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| | from which he knew he was barred.’. |
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| | Page 4, line 21 [Clause 7], at end insert— |
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| | | ‘( ) | It is a defence for a person charged with an offence under subsection (1) to |
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| | | (a) | that he reasonably thought that it was necessary for him to engage in the |
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| | | activity for the purpose of preventing harm to a child or vulnerable adult |
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| | | (b) | that he reasonably thought that there was no other person who could |
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| | | engage in the activity for that purpose, and |
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| | | (c) | that he engaged in the activity for no longer than was necessary for that |
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| | Page 4, line 21 [Clause 7], at end insert— |
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| | | ‘(4) | For the purposes of this section, Schedule 3 is modified as follows— |
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| | | (a) | in paragraph 1, sub-paragraphs (1)(b) and (3)(a) must be disregarded; |
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| | | (b) | in paragraph 6(1), the words “if it is carried out frequently by the same |
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| | | person or the period condition is satisfied” must be disregarded; |
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| | | (c) | in paragraph 6(4), paragraph (a) must be disregarded.’. |
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| | Page 4, line 21 [Clause 7], at end insert— |
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| | | ‘( ) | In relation to an offence committed before the commencement of section 282(3) |
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| | | of the Criminal Justice Act 2003 (c. 44), the reference in subsection (2)(b) to 12 |
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| | | months must be taken to be a reference to six months.’. |
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| | Page 5, line 16 [Clause 8], leave out subsection (10). |
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| | Page 5, line 21 [Clause 8], leave out from ‘if’ to end of line 24 and insert ‘the |
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| | | (a) | is regulated activity relating to vulnerable adults, and |
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| | | (b) | falls within section 14.’. |
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| | Page 5, line 34 [Clause 8], at end insert— |
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| | | ‘( ) | In determining what is the appropriate sentence to pass in respect of a person who |
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| | | is convicted of an offence under this section in a case where the regulated activity |
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| | | falls within paragraph 1(1) or (3) or 6(1) or (4) of Schedule 3 the court must |
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| | | consider the extent to which the offender had regard to any guidance issued by |
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| | | the Secretary of State as to the circumstances in which an activity is carried out |
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| | Page 5, line 36 [Clause 9], leave out ‘regulated activity provider’ and insert |
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| | Page 5, line 38 [Clause 9], leave out ‘and’. |
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| | Page 5, line 39 [Clause 9], at end insert ‘, and |
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| | | ( ) | B engages in the activity.’. |
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| | Page 5, line 41 [Clause 9], leave out ‘a regulated activity provider’ and insert |
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| | Page 5, line 42 [Clause 9], leave out ‘the regulated activity provider’ and insert ‘P’. |
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| | Page 6, line 2 [Clause 9], leave out subsection (3). |
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| | Page 6, line 11 [Clause 9], after ‘fine’ insert ‘not exceeding the statutory |
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| | Page 6, line 11 [Clause 9], at end insert— |
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| | | ‘( ) | It is a defence for a person charged with an offence under this section to prove— |
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| | | (a) | that he reasonably thought that it was necessary for the barred person to |
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| | | engage in the activity for the purpose of preventing harm to a child or |
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| | | vulnerable adult (as the case may be), |
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| | | (b) | that he reasonably thought that there was no other person who could |
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| | | engage in the activity for that purpose, and |
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| | | (c) | that the barred person engaged in the activity for no longer than was |
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| | | necessary for that purpose.’. |
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| | Page 6, line 11 [Clause 9], at end insert— |
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| | | ‘(5) | For the purposes of this section, Schedule 3 is modified as follows— |
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| | | (a) | in paragraph 1, sub-paragraphs (1)(b) and (3)(a) must be disregarded; |
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| | | (b) | in paragraph 6(1), the words “if it is carried out frequently by the same |
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| | | person or the period condition is satisfied” must be disregarded; |
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| | | (c) | in paragraph 6(4), paragraph (a) must be disregarded.’. |
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| | Page 6, line 11 [Clause 9], at end insert— |
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| | | ‘( ) | In relation to an offence committed before the commencement of section 282(3) |
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| | | of the Criminal Justice Act 2003 (c. 44), the reference in subsection (4)(b) to 12 |
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| | | months must be taken to be a reference to six months.’. |
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| | Page 6, line 15 [Clause 10], leave out ‘and’. |
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| | Page 6, line 16 [Clause 16], leave out ‘has reason to believe’ and insert ‘suspects’. |
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| | Page 6, line 17 [Clause 10], at end insert ‘, and |
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| | | ( ) | B engages in the activity.’. |
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| | Page 6, line 19 [Clause 10], leave out ‘a regulated activity provider’ and insert |
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| | Page 6, line 20 [Clause 10], leave out ‘has reason to believe’ and insert ‘suspects’. |
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| | Page 6, line 20 [Clause 10], leave out ‘the regulated activity provider’ and insert |
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| | Page 6, line 23 [Clause 10], leave out ‘has reason to believe’ and insert ‘suspects’. |
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| | Page 6, line 24 [Clause 10], at end insert— |
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| | | ‘(2A) | For the purposes of subsection (2)(b), Schedule 3 is modified as follows— |
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| | | (a) | in paragraph 1, sub-paragraphs (1)(b) and (3)(a) must be disregarded; |
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| | | (b) | in paragraph 6(1), the words “if it is carried out frequently by the same |
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| | | person or the period condition is satisfied” must be disregarded; |
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| | | (c) | in paragraph 6(4), paragraph (a) must be disregarded.’. |
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| | Page 6, line 29 [Clause 10], leave out subsection (5). |
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| | Page 7, line 5 [Clause 10], leave out from ‘if’ to end of line 8 and insert ‘the |
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| | | (a) | is regulated activity relating to vulnerable adults, and |
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| | | (b) | falls within section 14.’. |
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| | Page 7, line 8 [Clause 10], at end insert— |
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| | | ‘( ) | In determining what is the appropriate sentence to pass in respect of a person who |
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| | | is convicted of an offence under this section in a case where the regulated activity |
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| | | falls within paragraph 1(1) or (3) or 6(1) or (4) of Schedule 3 the court must |
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| | | consider the extent to which the offender had regard to any guidance issued by |
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| | | the Secretary of State as to the circumstances in which an activity is carried out |
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| | Page 7, line 8 [Clause 10], at end insert— |
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| | | ‘(10) | A person is not guilty of an offence by virtue of subsection (2) in relation to any |
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| | | period during which B is continuously supplied to another if the period begins |
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| | | before the commencement of that section. |
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| | | (11) | Subsection (10) does not have effect in respect of permission which continues to |
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| | | have effect after such date as the Secretary of State specifies by order.’. |
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| | Page 7, line 10 [Clause 11], after ‘if’ insert ‘— |
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| | Page 7, line 11 [Clause 11], leave out ‘without making an appropriate check’ and |
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| | | ‘(b) | B engages in the activity, and |
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| | | (c) | he fails to ascertain whether B is subject to monitoring in relation to the |
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| | Page 7, line 10 [Clause 11], after ‘he’, insert ‘negligently’. |
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| | Page 7, line 11 [Clause 11], at end insert— |
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| | | ‘( ) | A person does not commit an offence under subsection (1) if the regulated |
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| | | |
| | | (a) | is regulated activity relating to vulnerable adults, and |
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| | | (b) | falls within section 14.’. |
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| | Page 7, line 11 [Clause 11], at end insert— |
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| | | ‘(1A) | A regulated activity provider ascertains whether B is subject to monitoring only |
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| | | (a) | he obtains an appropriate verification in accordance with Part 1 of |
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| | | Schedule (appropriate verification) and neither of Parts 2 and 3 of that |
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| | | Schedule is prescribed in relation to him, |
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| | | (b) | he obtains an appropriate verification in accordance with Part 2 of that |
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| | | Schedule and that Part is prescribed in relation to him, or |
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| | | (c) | he obtains an appropriate verification in accordance with Part 3 of that |
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| | | Schedule and that Part is prescribed in relation to him.’. |
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| | Page 7, line 12 [Clause 11], leave out subsection (2). |
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| | Page 7, line 14 [Clause 11], leave out subsection (3). |
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| | Page 7, line 17 [Clause 11], leave out ‘14 or’. |
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| | Page 7, line 20 [Clause 11], leave out subsection (6). |
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| | Page 7, line 25 [Clause 11], leave out subsections (7) and (8). |
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| | Page 7, line 42 [Clause 11], at end insert— |
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| | | ‘( ) | In determining what is the appropriate sentence to pass in respect of a person who |
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| | | is convicted of an offence under this section in a case where the regulated activity |
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| | | falls within paragraph 1(1) or (3) or 6(1) or (4) of Schedule 3 the court must |
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| | | consider the extent to which the offender had regard to any guidance issued by |
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| | | the Secretary of State as to the circumstances in which an activity is carried out |
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| | Page 7, line 42 [Clause 11], at end insert— |
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| | | ‘(10A) | A person commits an offence if— |
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| | | (a) | he provides written confirmation under Schedule (appropriate |
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| | | verification) that is false in any material respect, and |
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| | | (b) | he either knows that it is false or is reckless as to whether it is false. |
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| | | (10B) | A person guilty of an offence under subsection (1) or (10A) is liable on summary |
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| | | conviction to a fine not exceeding level 5 on the standard scale.’. |
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| | Page 7, line 43 [Clause 11], leave out subsections (11) to (15). |
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| | Page 8, line 22 [Clause 12], after ‘officer’ insert ‘(P)’. |
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| | Page 8, line 22 [Clause 12], after ‘he’, insert ‘negligently’. |
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| | Page 8, line 23 [Clause 12], leave out ‘obtain relevant information (within the |
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| | meaning of Schedule 4)’ and insert ‘make a check in accordance with section (sections 12 |
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| | and (office holders: offences): checks)’. |
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| | Page 8, line 37 [Clause 13], leave out Clause 13. |
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| | Page 9, line 39 [Clause 14], leave out subsections (1) and (2) and insert— |
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| | | ‘(1) | Regulated activity falls within this section if it is carried out for the purposes of |
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| | | or in connection with any of the following— |
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| | | (a) | an establishment for the detention of persons in lawful custody (within |
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| | | the meaning of section 44(7)(a) to (c)); |
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| | | (b) | a recreational, social, sporting or educational activity provided wholly or |
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| | | mainly for vulnerable adults; |
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| | | (c) | a course of education or instruction which is provided wholly or mainly |
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| | | for vulnerable adults and is of a prescribed description; |
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| | | (d) | the provision of services, by or on behalf of a person who provides or |
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| | | manages housing, to vulnerable adults in connection with that housing; |
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| | | (e) | welfare services of a prescribed description; |
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| | | (f) | dealing with payments by a person appointed to receive them as |
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| | | mentioned in section 44(10)(f). |
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| | | (2) | Activity does not fall within this section if the individual engaging in the activity |
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| | | is a prison officer acting in the course of his duty. |
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| | | (2A) | In subsection (2) “prison officer” includes— |
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| | | (a) | a prisoner custody officer within the meaning of section 89(1) of the |
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| | | Criminal Justice Act 1991 (c. 53); |
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| | | (b) | a custody officer within the meaning of section 12(3) of the Criminal |
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| | | Justice and Public Order Act 1994. |
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| | | (2B) | Activity does not fall within this section by virtue of paragraph (b) of |
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| | | (a) | the activity is carried out by or for a local authority in connection with the |
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| | | provision of community care services within the meaning of section 46 |
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| | | of the National Health Service and Community Care Act 1990; |
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| | | (b) | the activity is carried out by or in an establishment in relation to which a |
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| | | requirement to register arises under section 11 of the Care Standards Act |
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| | | |
| | | (c) | the activity is carried out by an agency in relation to which such a |
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| | | (d) | the activity is carried out by a person to whom Part 2 of that Act applies |
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| | | in pursuance of an order under section 42 of that Act of 2000; |
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| | | (e) | the activity is carried out by an NHS body within the meaning of section |
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| | | 15(3) or by a person who provides health care for such a body.’. |
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| | Page 10, line 12 [Clause 14], leave out paragraph (h). |
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| | Page 10, line 23 [Clause 14], leave out ‘(c), (d), (e) and (f)’ and insert ‘(b), (c), (d) |
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