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| | (a) | section 47 of the Adoption Act 1976 (which disapplies the |
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| | status provisions in section 39 of that Act for the purposes of |
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| | this section in relation to adoptions before 30 December |
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| | |
| | (b) | section 74 of the Adoption and Children Act 2002 (which |
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| | disapplies the status provisions in section 67 of that Act for |
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| | those purposes in relation to adoptions on or after that date), |
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| | | is to be read as preventing the application of section 39 of the |
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| | Adoption Act 1976 or section 67 of the Adoption and Children Act |
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| | 2002 for the purposes of subsection (3)(za) and (zb) above.” |
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| | 6 (1) | Section 65 (sex with an adult relative: consenting to penetration) is amended |
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| | |
| | (2) | In subsection (1) after “(A)” insert “(subject to subsection (3A))”. |
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| | (3) | In subsection (3) after “In subsection (2)—” insert— |
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| | “(za) | “parent” includes an adoptive parent; |
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| | (zb) | “child” includes an adopted person within the meaning of |
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| | Chapter 4 of Part 1 of the Adoption and Children Act 2002;”. |
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| | (4) | After that subsection insert— |
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| | “(3A) | Where subsection (1) applies in a case where A is related to B as B’s |
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| | child by virtue of subsection (3)(zb), A does not commit an offence |
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| | under this section unless A is 18 or over.” |
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| | (5) | After subsection (5) insert— |
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| | |
| | (a) | section 47 of the Adoption Act 1976 (which disapplies the |
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| | status provisions in section 39 of that Act for the purposes of |
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| | this section in relation to adoptions before 30 December |
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| | |
| | (b) | section 74 of the Adoption and Children Act 2002 (which |
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| | disapplies the status provisions in section 67 of that Act for |
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| | those purposes in relation to adoptions on or after that date), |
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| | | is to be read as preventing the application of section 39 of the |
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| | Adoption Act 1976 or section 67 of the Adoption and Children Act |
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| | 2002 for the purposes of subsection (3)(za) and (zb) above.” |
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| | 7 | In section 47(1) of the Adoption Act 1976 (c. 36) (disapplication of section 39 |
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| | (status conferred by adoption) for the purposes of miscellaneous enactments) |
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| | for “sections 10 and 11 (incest) of the Sexual Offences Act 1956” substitute |
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| | “or sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult |
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| | |
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| |
| | |
| To move the following Schedule:— |
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| | ‘Section 327A of the Criminal Justice Act 2003: meaning of “child sex offence” |
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| | | The following is the Schedule to be inserted as Schedule 34A to the Criminal |
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| | Justice Act 2003 (c. 44)— |
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| |
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| | Child sex offences for purposes of section 327A |
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| | Offences under provisions repealed by Sexual Offences Act 2003 |
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| | |
| | (a) | section 5 or 6 of the Sexual Offences Act 1956 (intercourse |
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| | with girl under 13 or 16), or |
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| | (b) | section 28 of that Act (causing or encouraging the |
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| | prostitution of, intercourse with or indecent assault on girl |
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| | |
| | 2 | An offence under any of— |
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| | (a) | section 1 of that Act (rape), |
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| | (b) | section 10 of that Act (incest by a man), and |
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| | (c) | sections 12 to 16 of that Act (buggery, indecency between |
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| | men, indecent assault and assault with intent to commit |
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| | |
| | | where the victim or (as the case may be) the other party was under |
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| | 18 at the time of the offence. |
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| | 3 | An offence under section 1 of the Indecency with Children Act |
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| | 1960 (indecent conduct towards child under 14). |
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| | 4 | An offence under section 9 of the Theft Act 1968 of burglary with |
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| | intent to commit rape where the intended offence was an offence |
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| | against a person under 18. |
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| | 5 | An offence under section 54 of the Criminal Law Act 1977 |
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| | (incitement of child under 16 to commit incest). |
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| | 6 | An offence under section 3 of the Sexual Offences (Amendment) |
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| | Act 2000 (abuse of position of trust). |
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| | |
| | 7 | An offence under any of— |
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| | (a) | sections 5 to 8 of the Sexual Offences Act 2003 (rape and |
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| | other offences against children under 13), |
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| | (b) | sections 9 to 15 of that Act (child sex offences), |
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| | (c) | sections 16 to 19 of that Act (abuse of position of trust), |
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| | (d) | sections 25 and 26 of that Act (familial child sex offences), |
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| | |
| | (e) | sections 47 to 50 of that Act (abuse of children through |
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| | prostitution and pornography). |
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| | 8 | An offence under any of— |
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| | (a) | sections 1 to 4 of that Act (rape, assault and causing sexual |
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| | activity without consent), |
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| | (b) | sections 30 to 41 of that Act (persons with a mental |
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| | disorder impeding choice, inducements etc to persons with |
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| | a mental disorder, and care workers for persons with a |
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| | |
| | (c) | section 61 of that Act (administering a substance with |
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| | |
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| |
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| | | where the victim of the offence was under 18 at the time of the |
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| | |
| | 9 | An offence under section 62 or 63 of that Act (committing an |
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| | offence with intent to commit a sexual offence and trespass with |
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| | intent to commit a sexual offence) where the intended offence was |
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| | an offence against a person under 18. |
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| | 10 | An offence under section 66 or 67 of that Act (exposure and |
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| | voyeurism) where the victim or intended victim of the offence was |
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| | under 18 at the time of the offence. |
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| | |
| | (a) | section 1 of the Protection of Children Act 1978 (indecent |
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| | photographs of children), or |
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| | (b) | section 160 of the Criminal Justice Act 1988 (possession of |
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| | indecent photograph of child). |
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| | 12 | An offence under section 170 of the Customs and Excise |
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| | Management Act 1979 (penalty for fraudulent evasion of duty etc) |
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| | in relation to goods prohibited to be imported under section 42 of |
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| | the Customs Consolidation Act 1876 (indecent or obscene articles) |
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| | where the prohibited goods included any indecent photograph |
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| | showing a person under 18. |
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| | 13 | An offence under section 64 of the Criminal Justice and |
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| | Immigration Act 2008 (possession of extreme pornographic |
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| | images) in relation to an image showing a person under 18. |
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| | |
| | 14 | A reference in this Schedule to an offence (“offence A”) includes— |
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| | (a) | a reference to an attempt to commit offence A, |
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| | (b) | a reference to a conspiracy to commit offence A, |
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| | (c) | a reference to incitement to commit offence A, |
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| | (d) | a reference to an offence under Part 2 of the Serious Crime |
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| | Act 2007 in relation to which offence A is the offence (or |
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| | one of the offences) which the person intended or believed |
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| | |
| | (e) | a reference to aiding and abetting, counselling or procuring |
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| | the commission of offence A. |
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| | 15 | A reference in this Schedule to an offence (“offence A”) includes— |
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| | (a) | a reference to an offence under section 70 of the Army Act |
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| | 1955, section 70 of the Air Force Act 1955 or section 42 of |
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| | the Naval Discipline Act 1957 as respects which the |
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| | corresponding civil offence (within the meaning given by |
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| | the section in question) is offence A, and |
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| | (b) | a reference to an offence under section 42 of the Armed |
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| | Forces Act 2006 as respects which the corresponding |
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| | offence under the law of England and Wales (within the |
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| | meaning given by that section) is offence A.”.’. |
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| |
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| |
| | |
| To move the following Schedule:— |
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| | ‘Penalties suitable for enforcement in England and Wales or Northern |
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| | |
| | Person residing in England and Wales |
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| | 1 | The financial penalty is suitable for enforcement in England and Wales if the |
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| | certificate states that the person required to pay the penalty is normally resident |
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| | |
| | Person residing in Northern Ireland |
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| | 2 | The financial penalty is suitable for enforcement in Northern Ireland if the |
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| | certificate states that the person required to pay the penalty is normally resident |
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| | |
| | Person having property etc. in England and Wales |
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| | 3 | The financial penalty is suitable for enforcement in England and Wales if— |
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| | (a) | the certificate states that the person required to pay the penalty has |
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| | property or a source of income in England and Wales, and |
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| | (b) | the certificate does not state— |
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| | (i) | that the person has property or a source of income in Northern |
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| | |
| | (ii) | that the person is normally resident in the United Kingdom. |
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| | Person having property etc. in Northern Ireland |
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| | 4 | The financial penalty is suitable for enforcement in Northern Ireland if— |
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| | (a) | the certificate states that the person required to pay the penalty has |
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| | property or a source of income in Northern Ireland, and |
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| | (b) | the certificate does not state— |
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| | (i) | that the person has property or a source of income in England |
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| | and Wales or Scotland, or |
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| | (ii) | that the person is normally resident in the United Kingdom. |
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| | Person having property etc. in England and Wales and Northern Ireland |
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| | 5 (1) | This paragraph applies if— |
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| | (a) | the certificate states that the person required to pay the penalty has |
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| | property or a source of income in England and Wales, |
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| | (b) | the certificate also states that the person has property or a source of |
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| | income in Northern Ireland, and |
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| | (c) | the certificate does not state — |
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| | (i) | that the person has property or a source of income in Scotland, |
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| | |
| | (ii) | that the person is normally resident in the United Kingdom. |
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| | (2) | The financial penalty is suitable for enforcement in England and Wales unless |
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| | it is suitable for enforcement in Northern Ireland by virtue of sub-paragraph |
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| | |
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| |
| |
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| | (3) | The financial penalty is suitable for enforcement in Northern Ireland if the |
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| | Lord Chancellor thinks that it is more appropriate for the penalty to be |
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| | enforced in Northern Ireland than in England and Wales. |
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| | Person having property etc. in England and Wales and Scotland |
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| | 6 (1) | This paragraph applies if— |
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| | (a) | the certificate states that the person required to pay the penalty has |
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| | property or a source of income in England and Wales, |
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| | (b) | the certificate also states that the person has property or a source of |
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| | |
| | (c) | the certificate does not state — |
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| | (i) | that the person has property or a source of income in Northern |
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| | |
| | (ii) | that the person is normally resident in the United Kingdom. |
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| | (2) | The financial penalty is suitable for enforcement in England and Wales unless |
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| | sub-paragraph (3) applies. |
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| | (3) | This sub-paragraph applies if— |
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| | (a) | the Lord Chancellor was given the certificate by the competent |
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| | authority or central authority of another member State (and not by the |
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| | central authority for Scotland), and |
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| | (b) | the Lord Chancellor thinks that it is more appropriate for the financial |
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| | penalty to be enforced in Scotland than in England and Wales. |
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| | Person having property etc. in Northern Ireland and Scotland |
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| | 7 (1) | This paragraph applies if— |
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| | (a) | the certificate states that the person required to pay the penalty has |
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| | property or a source of income in Northern Ireland, |
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| | (b) | the certificate also states that the person has property or a source of |
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| | |
| | (c) | the certificate does not state — |
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| | (i) | that the person has property or a source of income in England |
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| | |
| | (ii) | that the person is normally resident in the United Kingdom. |
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| | (2) | The financial penalty is suitable for enforcement in Northern Ireland unless |
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| | sub-paragraph (3) applies. |
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| | (3) | This sub-paragraph applies if— |
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| | (a) | the Lord Chancellor was given the certificate by the competent |
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| | authority or central authority of another member State (and not by the |
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| | central authority for Scotland), and |
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| | (b) | the Lord Chancellor thinks that it is more appropriate for the financial |
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| | penalty to be enforced in Scotland than in Northern Ireland. |
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| | Person having property etc. in England and Wales, Scotland and Northern Ireland |
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| | 8 (1) | This paragraph applies if— |
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| | (a) | the certificate states that the person required to pay the penalty has |
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| | property or a source of income in Northern Ireland, |
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| | (b) | the certificate also states that the person has property or a source of |
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| | income in England and Wales and in Scotland, and |
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| | (c) | the certificate does not state that the person is normally resident in the |
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| | |
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| |
| |
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| | (2) | The financial penalty is suitable for enforcement in England and Wales |
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| | |
| | (a) | the penalty is suitable for enforcement in Northern Ireland by virtue of |
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| | sub-paragraph (3) or (4), or |
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| | (b) | sub-paragraph (5) applies. |
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| | (3) | The financial penalty is suitable for enforcement in Northern Ireland if— |
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| | (a) | the Lord Chancellor was given the certificate by the competent |
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| | authority or central authority of another member State (and not by the |
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| | central authority for Scotland), |
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| | (b) | the Lord Chancellor thinks that it is more appropriate for the financial |
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| | penalty to be enforced in Northern Ireland than in England and Wales |
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| | |
| | (4) | The financial penalty is suitable for enforcement in Northern Ireland if— |
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| | (a) | the Lord Chancellor was given the certificate by the central authority |
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| | |
| | (b) | the Lord Chancellor thinks that it is more appropriate for the financial |
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| | penalty to be enforced in Northern Ireland than in England and Wales. |
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| | (5) | The sub-paragraph applies if— |
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| | (a) | the Lord Chancellor was given the certificate by the competent |
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| | authority or central authority of another member State (and not by the |
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| | central authority for Scotland), and |
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| | (b) | the Lord Chancellor thinks that it is more appropriate for the financial |
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| | penalty to be enforced in Scotland than in England and Wales or |
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| | |
| | |
| | 9 | Where the person is a body corporate, this Schedule applies as if— |
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| | (a) | the reference in paragraph 1 to the person being normally resident in |
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| | England and Wales were a reference to the person having its registered |
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| | office in England and Wales, |
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| | (b) | the reference in paragraph 2 to the person being normally resident in |
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| | Northern Ireland were a reference to the person having its registered |
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| | office in Northern Ireland, and |
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| | (c) | any reference to the person being normally resident in the United |
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| | Kingdom were a reference to the person having its registered office in |
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| | |
| |
| |
| | |
| To move the following Schedule:— |
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| | ‘The Northern Ireland Commissioner for Prison Complaints |
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| | Appointment and removal from office |
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| | 10 | Her Majesty may appoint a person to be the Commissioner. |
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| | 11 (1) | A person appointed as Commissioner shall hold office for such term, not |
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| | exceeding five years, as may be specified in the terms of appointment. |
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| |
| |
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| | (2) | At the end of that term the person concerned is eligible for re-appointment for |
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| | a further period not exceeding five years. |
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| | (3) | A person may not be re-appointed for a third consecutive term unless, by |
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| | reason of special conditions, such re-appointment is desirable in the public |
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| | |
| | 12 (1) | The Commissioner may be relieved of office by Her Majesty at the |
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| | Commissioner’s own request or removed from office by Her Majesty in |
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| | consequence of Addresses from both Houses of Parliament. |
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| | (2) | Her Majesty may declare the office of Commissioner to have been vacated if |
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| | satisfied that the person appointed is incapable for medical reasons of |
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| | performing the functions of that office. |
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| | Remuneration, pensions and other benefits |
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| | 13 | The Secretary of State shall pay the Commissioner such remuneration and such |
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| | travelling and other allowances as the Secretary of State may determine. |
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| | 14 | The Secretary of State shall pay to or in respect of a person who holds or has |
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| | held office as Commissioner such pension, allowances or gratuities as the |
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| | Secretary of State may determine. |
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| | Appointment of acting Commissioner |
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| | 15 (1) | Where the office of Commissioner becomes vacant, the Secretary of State may |
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| | appoint a person as acting Commissioner. |
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| | (2) | The power under sub-paragraph (1) may not be exercised after the end of the |
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| | period of two years beginning with the day on which the vacancy arose. |
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| | 16 (1) | Any person holding office as acting Commissioner shall cease to hold that |
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| | |
| | (a) | on the appointment of a new Commissioner; or |
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| | (b) | at the end of the period of two years beginning with the day on which |
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| | |
| | (2) | Otherwise, a person appointed as acting Commissioner holds office in |
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| | accordance with the terms of appointment. |
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| | 17 | A person holding office as acting Commissioner is to be treated for all |
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| | purposes (apart from those of paragraphs 1 to 7) as the Commissioner. |
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| | |
| | 18 | The Commissioner’s staff shall be provided by (or in pursuance of |
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| | arrangements made by) the Secretary of State. |
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| | |
| | 19 (1) | Any function of the Commissioner may be performed on behalf of the |
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| | Commissioner by an authorised member of staff (but only to the extent that the |
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| | person concerned is authorised to do so). |
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| | (2) | In sub-paragraph (1) “authorised member of staff” means a member of the |
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| | Commissioner’s staff who is authorised by the Commissioner to exercise that |
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| | |
| | |
| | 20 (1) | The Commissioner may obtain advice to assist in the performance of any of the |
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| | Commissioner’s functions from any person who appears to the Commissioner |
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| | to be qualified to give it. |
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|