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| | ‘Special rules relating to providers of information society services |
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| | Domestic service providers: extension of liability |
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| | 1 (1) | This paragraph applies where a service provider is established in England and |
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| | Wales or Northern Ireland (a “domestic service provider”). |
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| | (2) | Section 64(1) applies to a domestic service provider who— |
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| | (a) | is in possession of an extreme pornographic image in an EEA state |
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| | other than the United Kingdom, and |
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| | (b) | is in possession of it there in the course of providing information |
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| | | as well as to persons (of any description) who are in possession of such images |
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| | in England and Wales or Northern Ireland. |
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| | (3) | In the case of an offence under section 64, as it applies to a domestic service |
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| | provider by virtue of sub-paragraph (2)— |
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| | (a) | proceedings for the offence may be taken at any place in England and |
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| | Wales or Northern Ireland, and |
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| | (b) | the offence may for all incidental purposes be treated as having been |
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| | committed at any such place. |
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| | (4) | Nothing in this paragraph is to be read as affecting the operation of any of |
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| | Non-UK service providers: restriction on institution of proceedings |
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| | 2 (1) | This paragraph applies where a service provider is established in an EEA state |
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| | other than the United Kingdom (a “non-UK service provider”). |
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| | (2) | Proceedings for an offence under section 64 may not be instituted against a |
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| | non-UK service provider in respect of anything done in the course of the |
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| | provision of information society services unless the derogation condition is |
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| | |
| | (3) | The derogation condition is satisfied where the institution of proceedings— |
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| | (a) | is necessary for the purposes of the public interest objective; |
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| | (b) | relates to an information society service that prejudices that objective |
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| | or presents a serious and grave risk of prejudice to that objective; and |
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| | (c) | is proportionate to that objective. |
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| | (4) | “The public interest objective” means the pursuit of public policy. |
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| | Exceptions for mere conduits |
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| | 3 (1) | A service provider is not capable of being guilty of an offence under section |
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| | 64 in respect of anything done in the course of providing so much of an |
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| | information society service as consists in— |
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| | (a) | the provision of access to a communication network, or |
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| | (b) | the transmission in a communication network of information provided |
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| | by a recipient of the service, |
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| | | if the condition in sub-paragraph (2) is satisfied. |
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| | (2) | The condition is that the service provider does not— |
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| | (a) | initiate the transmission, |
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| | (b) | select the recipient of the transmission, or |
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| | (c) | select or modify the information contained in the transmission. |
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| | (3) | For the purposes of sub-paragraph (1)— |
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| | (a) | the provision of access to a communication network, and |
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| | (b) | the transmission of information in a communication network, |
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| | | includes the automatic, intermediate and transient storage of the information |
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| | transmitted so far as the storage is solely for the purpose of carrying out the |
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| | transmission in the network. |
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| | (4) | Sub-paragraph (3) does not apply if the information is stored for longer than is |
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| | reasonably necessary for the transmission. |
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| | 4 (1) | This paragraph applies where an information society service consists in the |
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| | transmission in a communication network of information provided by a |
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| | recipient of the service. |
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| | (2) | The service provider is not capable of being guilty of an offence under section |
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| | 64 in respect of the automatic, intermediate and temporary storage of |
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| | information so provided, if— |
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| | (a) | the storage of the information is solely for the purpose of making more |
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| | efficient the onward transmission of the information to other recipients |
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| | of the service at their request, and |
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| | (b) | the condition in sub-paragraph (3) is satisfied. |
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| | (3) | The condition is that the service provider— |
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| | (a) | does not modify the information, |
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| | (b) | complies with any conditions attached to having access to the |
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| | (c) | (where sub-paragraph (4) applies) expeditiously removes the |
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| | information or disables access to it. |
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| | (4) | This sub-paragraph applies if the service provider obtains actual knowledge |
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| | (a) | the information at the initial source of the transmission has been |
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| | removed from the network, |
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| | (b) | access to it has been disabled, or |
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| | (c) | a court or administrative authority has ordered the removal from the |
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| | network of, or the disablement of access to, the information. |
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| | 5 (1) | A service provider is not capable of being guilty of an offence under section |
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| | 64 in respect of anything done in the course of providing so much of an |
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| | information society service as consists in the storage of information provided |
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| | by a recipient of the service, if— |
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| | (a) | the service provider had no actual knowledge when the information |
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| | was provided that it contained offending material, or |
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| | (b) | on obtaining actual knowledge that the information contained |
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| | offending material, the service provider expeditiously removed the |
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| | information or disabled access to it. |
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| | (2) | “Offending material” means material the possession of which constitutes an |
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| | offence under section 64. |
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| | (3) | Sub-paragraph (1) does not apply if the recipient of the service is acting under |
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| | the authority or control of the service provider. |
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| | 6 (1) | This paragraph applies for the purposes of this Schedule. |
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| | (2) | “Extreme pornographic image” has the same meaning as in section 64. |
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| | (3) | “Information society services”— |
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| | (a) | has the meaning given in Article 2(a) of the E-Commerce Directive |
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| | (which 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 technical |
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| | standards and regulations), and |
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| | (b) | is summarised in recital 17 of the E-Commerce Directive as covering |
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| | “any service normally provided for remuneration, at a distance, by |
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| | means of electronic equipment for the processing (including digital |
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| | compression) and storage of data, and at the individual request of a |
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| | |
| | | and “the E-Commerce Directive” means Directive 2000/31/EC of the |
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| | European Parliament and of the Council of 8 June 2000 on certain legal aspects |
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| | of information society services, in particular electronic commerce, in the |
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| | Internal Market (Directive on electronic commerce). |
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| | (4) | “Recipient”, in relation to a service, means any person who, for professional |
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| | ends or 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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| | (5) | “Service provider” means a person providing an information society service. |
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| | (6) | For the purpose of construing references in this Schedule to a service provider |
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| | who is established in a part of the United Kingdom or in some other EEA |
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| | (a) | a service provider is established in a particular part of the United |
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| | Kingdom, or in a particular EEA state, if the service provider— |
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| | (i) | effectively pursues an economic activity using a fixed |
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| | establishment in that part of the United Kingdom, or that EEA |
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| | state, for an indefinite period, and |
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| | (ii) | is a national of an EEA state or a company or firm mentioned |
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| | in Article 48 of the EEC Treaty; |
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| | (b) | the presence or use in a particular place of equipment or other |
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| | technical means of providing an information society service does not, |
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| | of itself, constitute the establishment of a service provider; |
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| | (c) | where it cannot be determined from which of a number of |
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| | establishments a given information society service is provided, that |
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| | service is to be regarded as provided from the establishment at the |
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| | centre of the service provider’s activities relating to that service.’. |
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| To move the following Schedule:— |
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| | ‘Hatred on the grounds of sexual orientation |
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| | 1 | Part 3A of the Public Order Act 1986 (c. 64) (hatred against persons on |
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| | religious grounds) has effect subject to the following amendments. |
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| | 2 | In the heading for Part 3A at the end insert “or grounds of sexual |
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5 | | |
| | 3 | In the italic cross-heading before section 29A at the end insert “and “hatred on |
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| | the grounds of sexual orientation””. |
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| | 4 | After that section insert— |
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| | “29AB | Meaning of “hatred on the grounds of sexual orientation” |
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10 | | In this Part “hatred on the grounds of sexual orientation” means hatred |
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| | against a group of persons defined by reference to sexual orientation |
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| | (whether towards persons of the same sex, the opposite sex or both).” |
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| | 5 | In the italic cross-heading before section 29B at the end insert “or hatred on |
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| | the grounds of sexual orientation”. |
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15 | | 6 (1) | Section 29B (use of words or behaviour or display of written material) is |
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| | (2) | In subsection (1), after “religious hatred” insert “or hatred on the grounds of |
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20 | | 7 | In section 29C(1) (publishing or distributing written material), after “religious |
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| | hatred” insert “or hatred on the grounds of sexual orientation”. |
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| | 8 | In section 29D(1) (public performance of play), after “religious hatred” insert |
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| | “or hatred on the grounds of sexual orientation”. |
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| | 9 | In section 29E(1) (distributing, showing or playing a recording), after |
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25 | | “religious hatred” insert “or hatred on the grounds of sexual orientation”. |
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| | 10 | In section 29F(1) (broadcasting or including programme in programme |
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| | service), after “religious hatred” insert “or hatred on the grounds of sexual |
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| | |
| | 11 | In section 29G(1) (possession of inflammatory material), for “religious hatred |
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30 | | to be stirred up thereby” substitute “thereby to stir up religious hatred or hatred |
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| | on the grounds of sexual orientation”. |
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| | 12 (1) | Section 29H (powers of entry and search) is amended as follows. |
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| | (2) | In subsection (1), omit “in England and Wales”. |
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35 | | 13 (1) | Section 29I (power to order forfeiture) is amended as follows. |
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| | (a) | in paragraph (a), omit “in the case of an order made in proceedings in |
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40 | | |
| | 14 | In section 29K(1) (savings for reports of parliamentary or judicial |
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| | proceedings), for “or in the Scottish Parliament” substitute “, in the Scottish |
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| | Parliament or in the National Assembly for Wales”. |
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| | 15 (1) | Section 29L (procedure and punishment) is amended as follows. |
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45 | | (2) | In subsections (1) and (2), omit “in England and Wales”. |
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| | (3) | In subsection (3), in paragraph (b), for “six months” substitute “12 months”. |
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| | (4) | After that subsection insert— |
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| | “(4) | In subsection (3)(b) the reference to 12 months shall be read as a |
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| | reference to 6 months in relation to an offence committed before the |
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50 | | commencement of section 154(1) of the Criminal Justice Act 2003.” |
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| | 16 | In section 29N (interpretation), after the definition of “dwelling” insert— |
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| | ““hatred on the grounds of sexual orientation” has the meaning given by |
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| | As Amendments to Mr David Hanson’s proposed New Schedule(Hatred on the |
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| | grounds of sexual orientation) (NS2):— |
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| | ‘(2A) | After subsection (1) insert— |
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| | “(1A) | An action under subsection (1) may include any action intended to equate |
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| | sexual orientation with a propensity or intention to commit an |
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| | ‘(13A) | After section 29I insert— |
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| | “29IA | European Convention on Human Rights |
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| | Unless expressly limited by any provision within this Part, no right under |
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| | Article 10 of the European Convention on Human Rights shall be |
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| To move the following Schedule:— |
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| | ‘Sexual offences: grooming and adoption |
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| | Meeting a child following sexual grooming |
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| | 1 | In section 15(1) of the Sexual Offences Act 2003 (c. 42) (meeting a child |
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| | following sexual grooming etc) for paragraphs (a) and (b) substitute— |
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| | “(a) | A has met or communicated with another person (B) on at |
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| | least two occasions and subsequently— |
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| | (i) | A intentionally meets B, |
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| | (ii) | A travels with the intention of meeting B in any part |
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| | of the world or arranges to meet B in any part of the |
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| | (iii) | B travels with the intention of meeting A in any part |
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| | (b) | A intends to do anything to or in respect of B, during or after |
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| | the meeting mentioned in paragraph (a)(i) to (iii) and in any |
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| | part of the world, which if done will involve the commission |
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| | by A of a relevant offence,”. |
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| | 2 | The Sexual Offences Act 2003 (c. 42) has effect subject to the following |
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| | 3 | In section 27(1)(b) (family relationships) after “but for” insert “section 39 of |
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| | the Adoption Act 1976 or”. |
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| | 4 | In section 29(1)(b) (sections 25 and 26: sexual relationships which pre-date |
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| | family relationships) after “if” insert “section 39 of the Adoption Act 1976 or”. |
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| | 5 (1) | Section 64 (sex with an adult relative: penetration) is amended as follows. |
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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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| | 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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| 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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| | 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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