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| Corporate Manslaughter and Corporate Homicide Bill
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| On Consideration of the Lords Message insisting on Amendments to which the Commons have
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| disagreed, disagreeing to Commons Amendments in lieu and proposing Amendments in lieu of
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| | Lords Amendments Nos. 2, 3, 5, 6, 10, 10P and 10Q |
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| Mr Secretary Straw | Agreed to on division |
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| To move, That this House insists on its disagreement with the Lords in their Amendments Nos. |
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| 2, 3, 5, 6 and 10; does not insist on its Amendments 10K to 10N in lieu but disagrees with the Lords |
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| in their Amendments 10P and 10Q in lieu of those amendments; and proposes the following further |
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| Amendments to the Bill in lieu of Lords Amendments Nos. 2, 3, 5, 6, 10, 10P and 10Q:—
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| Page 2 , line 29 , at end insert— |
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| | ‘(d) | a duty owed to a person who, by reason of being a person within |
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| | subsection (1A), is someone for whose safety the organisation is |
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| | (1A) | A person is within this subsection if— |
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| | (a) | he is detained at a custodial institution or in a custody area at a court or |
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| | (b) | he is detained at a removal centre or short-term holding facility; |
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| | (c) | he is being transported in a vehicle, or being held in any premises, in |
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| | pursuance of prison escort arrangements or immigration escort |
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| | (d) | he is living in secure accommodation in which he has been placed; |
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| | (e) | he is a detained patient.’. |
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| Page 3, line 12, at end insert—
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| | | ‘“custodial institution” means a prison, a young offender institution, a secure |
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| | training centre, a young offenders institution, a young offenders centre, a juvenile |
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| | justice centre or a remand centre;
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| | “detained patient” means— |
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| | (a) | a person who is detained in any premises under— |
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| | (i) | Part 2 or 3 of the Mental Health Act 1983 (c. 20) (“the 1983 |
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| | (ii) | Part 2 or 3 of the Mental Health (Northern Ireland) Order 1986 |
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| | (S.I. 1986/595 (N.I. 4)) (“the 1986 Order”); |
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| | (b) | a person who (otherwise than by reason of being detained as mentioned |
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| | in paragraph (a)) is deemed to be in legal custody by— |
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| | (i) | section 137 of the 1983 Act, |
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| | (ii) | Article 131 of the 1986 Order, or |
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| | (iii) | article 11 of the Mental Health (Care and Treatment) (Scotland) |
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| | Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/ |
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| | (c) | a person who is detained in any premises, or is otherwise in custody, |
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| | under the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp |
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| | 13) or Part 6 of the Criminal Procedure (Scotland) Act 1995 (c. 46) or |
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| | who is detained in a hospital under section 200 of that Act of 1995; |
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| | | “immigration escort arrangements” means arrangements made under section 156 |
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| | of the Immigration and Asylum Act 1999 (c. 33);’. |
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| Page 3, leave out line 25. |
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| Page 3, line 25, at end insert— |
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| | | ‘“prison escort arrangements” means arrangements made under section 80 of the |
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| | Criminal Justice Act 1991 (c. 53) or under section 102 or 118 of the Criminal |
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| | Justice and Public Order Act 1994 (c. 33);
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| | “removal centre” and “short-term holding facility” have the meaning given by |
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| | section 147 of the Immigration and Asylum Act 1999 (c. 33);
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| | “secure accommodation” means accommodation, not consisting of or forming |
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| | part of a custodial institution, provided for the purpose of restricting the liberty of |
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| | persons under the age of 18.’. |
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| Page 3, line 37, leave out ‘or (b)’ and insert ‘, (b) or (d)’. |
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| Page 5, line 8, leave out ‘or (b)’ and insert ‘, (b) or (d)’. |
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| Page 6, line 43, leave out ‘or (b)’ and insert ‘, (b) or (d)’. |
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| Page 13, line 3, at end insert the following new Clause:— |
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| | | ‘Power to extend section 2(1A) |
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| | (1) | The Secretary of State may by order amend section 2(1A) to make it include any |
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| | category of person (not already included) who— |
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| | (a) | is required by virtue of a statutory provision to remain or reside on |
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| | (b) | is otherwise subject to a restriction of his liberty. |
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| | (2) | An order under this section may make any amendment to this Act that is |
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| | incidental or supplemental to, or consequential on, an amendment made by virtue |
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| | (3) | An order under this section is subject to affirmative resolution procedure.’. |
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| Page 13, line 20, at end insert— |
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