House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

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‘(10)
If a child under 18 is resident on the premises, no action shall be taken until a

multi-agency assessment of the child’s needs has taken place.’.

Mr David Heath

David Howarth

Clause  104,  page  70,  line  14,  at end insert ‘and’.

Mr David Heath

David Howarth

Clause  104,  page  70,  leave out lines 17 to 19.

Mr David Heath

David Howarth

Clause  104,  page  70,  line  38,  at end insert ‘and

(d)
any surgery, clinic or other premises in which medical, surgical or

paramedical treatment is provided to the public by NHS staff members,’.

Mr David Heath

David Howarth

Page  74,  line  29,  leave out Clause 109.

Mr David Hanson

Schedule  19,  page  203,  line  31,  leave out ‘counsel or a solicitor’ and insert ‘a

relevant lawyer’.

Mr David Hanson

Schedule  19,  page  203,  line  36,  leave out ‘counsel or a solicitor’ and insert ‘a

relevant lawyer’.

Mr David Hanson

Schedule  19,  page  203,  line  39,  leave out ‘counsel or a solicitor’ and insert ‘a

relevant lawyer’.

Mr David Hanson

Schedule  19,  page  204,  line  2,  leave out ‘counsel or a solicitor’ and insert ‘a

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relevant lawyer’.

Mr David Hanson

Schedule  19,  page  204,  line  31,  at end insert—

‘“relevant lawyer” means a person who, for the purposes of the Legal

Services Act 2007, is an authorised person in relation to an activity

which constitutes the exercise of a right of audience (within the

meaning of that Act);’.

Mr David Hanson

Schedule  19,  page  204,  line  44,  leave out ‘regulations’ and insert ‘rules’.

Mr David Hanson

Schedule  19,  page  205,  line  12,  leave out ‘counsel or a solicitor’ and insert ‘a

relevant lawyer within the meaning of section 84’.

Mr David Hanson

Schedule  19,  page  205,  line  20,  leave out ‘Regulations or’.

Mr David Hanson

Schedule  19,  page  205,  line  22,  leave out from beginning to ‘under’ in line 23 and

insert—

    ‘(4)
For subsection (5) substitute—

“(5)
A statutory instrument containing rules’.

Mr David Heath

David Howarth

Clause  114,  page  78,  line  6,  at end add—

‘(2AA)
In carrying out an inspection of a police authority under subsection (2A), the

inspectors of constabulary may request one or more other police authorities (or

their representatives) to assess any aspect of performance and to make a report.”’.

Mr Harry Cohen

Clause  115,  page  78,  line  10,  leave out ‘or 2’.

Mr Harry Cohen

Clause  115,  page  78,  line  17,  leave out subsection (3).

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Mr Harry Cohen

Mr David Heath

David Howarth

Clause  115,  page  78,  line  17,  leave out ‘a member of the family’ and insert ‘the

spouse’.

Mr Harry Cohen

Clause  116,  page  78,  line  28,  leave out ‘any’ and insert ‘either’.

Mr Harry Cohen

Mr David Heath

David Howarth

Clause  116,  page  78,  line  36,  leave out subsection (4).

Mr Harry Cohen

Clause  118,  page  79,  line  28,  at end insert—

‘(2A)
Any condition imposed under subsection (2) must not—

(a)
be excessively restrictive in all the circumstances;

(b)
have a punitive impact upon the designated person;

(c)
be intended to prevent the commission of further offences.’.

Mr David Heath

David Howarth

Clause  118,  page  79,  line  28,  at end insert—

‘(2A)
Any condition imposed under subsection (2) must not—

(a)
be excessively restrictive in all the circumstances; or

(b)
have a punitive impact upon the designated person.’.

Mr Harry Cohen

Clause  119,  page  80,  line  22,  after ‘person’s’, insert ‘long-term’.

Mr Harry Cohen

Clause  119,  page  80,  line  23,  after ‘essential’, insert ‘long-term’.

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Mr Harry Cohen

Clause  119,  page  80,  line  27,  leave out ‘may not’ and insert ‘must’.

Mr Harry Cohen

Clause  119,  page  80,  line  28,  leave out from ‘cash’ to end of line 29.

Mr Harry Cohen

Clause  122,  page  82,  line  9,  at end insert ‘and [Appeals against designation]’.

Mr Harry Cohen

Clause  122,  page  82,  line  12,  leave out subsection (3).

Mr Harry Cohen

Clause  122,  page  82,  line  21,  leave out subsection (7).

Mr David Hanson

Clause  123,  page  83,  line  2,  at end insert—

‘( )
an order under section (Northern Ireland Commissioner for Prison

Complaints: eligible complaints:general)(4),

( )
an order under section (Northern Ireland Commissioner for Prison

Complaints: power to modify certain provisions)(1), (3) or (5),

( )
an order under section (Northern Ireland Commissioner for Prison

Complaints: power to confer new functions),’.

Mr David Hanson

Schedule  21,  page  222,  line  26,  at end insert—

‘Criminal Justice Act 1961 (c. 39)

2A
In section 38(3)(c) of the Criminal Justice Act 1961 (construction of references

to imprisonment or detention in case of children and young persons) after “in

accordance with” insert “a determination of the Secretary of State or of a

person authorised by him, in accordance with arrangements made by the

Secretary of State or in accordance with”.’.

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Mr David Hanson

Schedule  21,  page  222,  line  26,  at end insert—

‘Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

2A
In section 13A(3) of the Criminal Appeal (Northern Ireland) Act 1980

(grounds for allowing appeal against finding of unfitness to be tried), in

paragraph (a) for “the finding” substitute “a finding”.’.

Mr David Hanson

Schedule  21,  page  222,  line  26,  at end insert—

‘Prison Act 1952 (c. 52)

2A
In section 43(1)(aa) of the Prison Act 1952 (provision by Secretary of State of

young offender institutions), at the end insert “or other persons who may be

lawfully detained there”.’.

Mr David Hanson

Schedule  21,  page  223,  line  19,  at end insert—

‘Football Spectators Act 1989 (c. 37)

6A
In paragraph 1(c), (k) and (q) of Schedule 1 to the Football Spectators Act 1989

(offences)—

(a)
for “Part III” substitute “Part 3 or 3A”; and

(b)
for “(racial hatred)” substitute “(hatred by reference to race etc)”.

Broadcasting Act 1990 (c. 42)

6B  (1)
Section 167 of the Broadcasting Act 1990 (power to make copies of

recordings) is amended as follows.

      (2)
In subsection (4)(b), after “section 24” insert “or 29H”.

      (3)
In subsection (5)(b), after “section 22” insert “or 29F”.’.

Mr David Hanson

Schedule  21,  page  223,  line  32,  at end insert—

    ‘(5)
Sub-paragraph (4) extends to England and Wales and Northern Ireland only.’.

Mr David Hanson

Schedule  21,  page  224,  line  4,  at end insert—

    ‘(4)
After paragraph (k) insert—

“(l)
the provision of support for children and young persons who

are subject to a violent offender order or an interim violent

offender order (within the meaning of Part 8 of the Criminal

Justice and Immigration Act 2008).”’.

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Mr David Hanson

Schedule  21,  page  224,  line  4,  at end insert—

‘Youth Justice and Criminal Evidence Act 1999 (c. 23)

8A
The Youth Justice and Criminal Evidence Act 1999 has effect subject to the

following amendments.

8B  (1)
Section 35 (child complainants and other child witnesses) is amended as

follows.

      (2)
In subsection (3) (offences to which section applies), in paragraph (a)—

(a)
before sub-paragraph (v) insert—

“(iva)
any of sections 33 to 36 of the Sexual

Offences Act 1956,”; and

(b)
in sub-paragraph (vi), at end insert “or any relevant superseded

enactment”.

      (3)
After that subsection insert—

“(3A)
In subsection (3)(a)(vi) “relevant superseded enactment” means—

(a)
any of sections 1 to 32 of the Sexual Offences Act 1956;

(b)
the Indecency with Children Act 1960;

(c)
the Sexual Offences Act 1967;

(d)
section 54 of the Criminal Law Act 1977.”

8C  (1)
Section 62 (meaning of “sexual offence” and other references to offences) is

amended as follows.

      (2)
In subsection (1) at end insert “or any relevant superseded offence”.

      (3)
After that subsection insert—

“(1A)
In subsection (1) “relevant superseded offence” means—

(a)
rape or burglary with intent to rape;

(b)
an offence under any of sections 2 to 12 and 14 to 17 of the

Sexual Offences Act 1956 (unlawful intercourse, indecent

assault, forcible abduction etc.);

(c)
an offence under section 128 of the Mental Health Act 1959

(unlawful intercourse with person receiving treatment for

mental disorder by member of hospital staff etc.);

(d)
an offence under section 1 of the Indecency with Children Act

1960 (indecent conduct towards child under 14);

(e)
an offence under section 54 of the Criminal Law Act 1977

(incitement of child under 16 to commit incest).”

8D
The amendments made by paragraphs 8A to 8C are deemed to have had effect

as from 1 May 2004.

8E
Where an order under section 61 of the Youth Justice and Criminal Evidence

Act 1999 (c. 23) (application of Part 2 of Act to service courts) makes

provision as regards the application of any provision of section 35 or 62 of that

Act which is amended or inserted by paragraph 8B or 8C, the order may have

effect in relation to times before the making of the order.’.

Mr David Hanson

Schedule  21,  page  224,  leave out line 6 and insert—

‘8A
The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the

following amendments.

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9
In section 19(4)’.

Mr David Hanson

Schedule  21,  page  224,  line  10,  at end insert—

‘9A
In section 92 (detention under sections 90 and 91: place of detention etc.) omit

subsection (3).’.

Mr David Hanson

Schedule  21,  page  224,  line  10,  at end insert—

‘9B
In section 116 (power to order return to prison where offence committed

during original sentence), in subsection (7), for “section 84 above” substitute

“section 265 of the Criminal Justice Act 2003 (restriction on consecutive

sentences for released prisoners)”.’.

Mr David Hanson

Schedule  21,  page  224,  leave out lines 18 to 21.

Mr David Hanson

Schedule  21,  page  224,  line  23,  leave out paragraph 12 and insert—

‘12
The Sexual Offences Act 2003 has effect subject to the following amendments.

12A(1)
In section 133(1) (interpretation), in paragraph (a) of the definition of

“cautioned”, for “by a police officer” substitute “(or, in Northern Ireland,

cautioned by a police officer)”.

      (2)
This paragraph extends to England and Wales and Northern Ireland only.’.

Mr David Hanson

Schedule  21,  page  224,  line  27,  at end insert—

‘12B (1)
In section 138 (orders and regulations), at the end insert—

“(4)
Orders or regulations made by the Secretary of State under this Act

may—

(a)
make different provision for different purposes;

(b)
include supplementary, incidental, consequential, transitional,

transitory or saving provisions.”

      (2)
The amendment made by sub-paragraph (1), and the repeals in Part 3 of

Schedule 23 of sections 86(4) and 87(6) of the Sexual Offences Act 2003

(which are consequential on that amendment), extend to England and Wales

and Northern Ireland only.’.

Mr David Hanson

Schedule  21,  page  224,  line  27,   at end insert—

‘12C (1)
Schedule 3 (sexual offences in respect of which offender becomes subject to

notification requirements) is amended as follows.

      (2)
After paragraph 35 insert—