House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

20

Clause 159
136
Page 115, line 9, at end insert “or kept in service custody”
Clause 162
137
Leave out Clause 162
Clause 163
138
Leave out Clause 163
Clause 164
139
Page 118, line 4, leave out “, 161(4) or 162(3)(b)” and insert “or 161(4)”
Clause 168
140
Page 120, leave out lines 17 and 18 and insert—

““custodial sentence” means—

(a)
a sentence of imprisonment, any other sentence or order

mentioned in section 76(1) of the Powers of Criminal Courts

(Sentencing) Act 2000 (c. 6) (as in force at any time after the

passing of this Act) or any corresponding sentence or order

imposed or made under any earlier enactment, or

(b)
a relevant service sentence (see subsection (1A) below);”
141
Page 120, leave out lines 20 and 21 and insert—

““hospital order” means—

(a)
an order under section 37 of the Mental Health Act 1983

(c. 20) or section 60 of the Mental Health Act 1959 (c. 72), or

(b)
any other order providing for the admission of a person to

hospital following a finding of the kind mentioned in

section 149(2)(b) or (c) of this Act;”
142
Page 120, line 22, at end insert—

““kept in service custody” means kept in service custody by virtue of

an order under section 105(2) of the Armed Forces Act 2006 (c. 52);”
143
Page 120, leave out lines 26 and 27 and insert—

““restriction order” means an order under section 41 of the Mental

Health Act 1983 (c. 20) or section 65 of the Mental Health Act 1959

(c. 72);”
144
Page 120, line 27, at end insert—

““service detention” has the meaning given by section 374 of the

Armed Forces Act 2006 (c. 52);”
145
Page 120, leave out lines 29 and 30 and insert—

““supervision order” means—

(a)
a supervision order within the meaning of Schedule 1A to

the Criminal Procedure (Insanity) Act 1964 (c. 84), or

(b)
a supervision and treatment order within the meaning of

Schedule 2 to that Act;”
146
Page 120, line 31, at end insert—

21

“(1A)
The following are relevant service sentences—

(a)
a sentence of imprisonment passed under the Army Act 1955

(3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the

Naval Discipline Act 1957 (c. 53);

(b)
a sentence of custody for life, or detention, under section 71A of

either of those Acts of 1955 or section 43A of that Act of 1957;

(c)
a sentence under a custodial order within the meaning of—

(i)
section 71AA of, or paragraph 10 of Schedule 5A to, either

of those Acts of 1955, or

(ii)
section 43AA of, or paragraph 10 of Schedule 4A to, that Act

of 1957;

(d)
a custodial sentence within the meaning of the Armed Forces Act

2006 (c. 52) (see section 374 of that Act).”
147
Page 120, line 33, at end insert—

“( )
References in this Part to a finding of the kind mentioned in section

149(2)(b) or (c) or (4)(b) or (c) include references to a case where a decision

on appeal is to the effect that there should have been such a finding in the

proceedings concerned.”
148
Page 120, leave out line 39
149
Page 120, leave out line 41
Clause 170
150
Page 121, line 29, at end insert—

““English NHS premises” means—

(a)
any hospital vested in, or managed by, a relevant English

NHS body,

(b)
any building or other structure, or vehicle, associated with

the hospital and situated on hospital grounds (whether or

not vested in, or managed by, a relevant English NHS

body), and

(c)
the hospital grounds,”
151
Page 121, line 32, leave out from “means” to end of line 38 and insert “English NHS

premises or Welsh NHS premises,”
152
Page 121, line 40, after “body” insert “, or a relevant Welsh NHS body,”
153
Page 121, line 40, leave out “it” and insert “such a body”
154
Page 122, line 5, leave out “and” and insert—

““relevant Welsh NHS body” means—

(a)
a National Health Service trust (see section 18 of the

National Health Service (Wales) Act 2006 (c. 42)), all or most

of whose hospitals, establishments and facilities are situated

in Wales, or

(b)
a Local Health Board (see section 11 of that Act),”
155
Page 122, line 6, at end insert—

““Welsh NHS premises” means—

(a)
any hospital vested in, or managed by, a relevant Welsh

NHS body,

22

(b)
any building or other structure, or vehicle, associated with

the hospital and situated on hospital grounds (whether or

not vested in, or managed by, a relevant Welsh NHS body),

and

(c)
the hospital grounds.”
Clause 171
156
Page 122, line 14, after “an” insert “appropriate”
157
Page 122, line 23, leave out subsection (5) and insert—

“(5)
In this section—

“appropriate NHS staff member”—

(a)
in relation to English NHS premises, means an English NHS

staff member, and

(b)
in relation to Welsh NHS premises, means a Welsh NHS

staff member,

“authorised officer”—

(a)
in relation to English NHS premises, means any English

NHS staff member authorised by a relevant English NHS

body to exercise the powers which are conferred by this

section on an authorised officer in respect of English NHS

premises, and

(b)
in relation to Welsh NHS premises, means any Welsh NHS

staff member authorised by a relevant Welsh NHS body to

exercise the powers which are conferred by this section on

an authorised officer in respect of Welsh NHS premises,

“English NHS staff member” means a person employed by a relevant

English NHS body or otherwise working for it (whether as or on

behalf of a contractor, as a volunteer or otherwise),

“Welsh NHS staff member” means a person employed by a relevant

Welsh NHS body or otherwise working for it (whether as or on

behalf of a contractor, as a volunteer or otherwise).

(6)
Terms defined in section 170 have the same meaning in this section as in

that section.”
Clause 172
158
Page 122, line 30, leave out “Secretary of State” and insert “appropriate national

authority”
159
Page 122, line 31, leave out “English”
160
Page 122, line 34, leave out “English”
161
Page 122, line 36, after “of” insert “appropriate”
162
Page 122, line 38, leave out “NHS staff members” and insert “persons”
163
Page 123, line 10, leave out “Secretary of State” and insert “appropriate national

authority”
164
Page 123, line 11, leave out “Secretary of State” and insert “authority”
165
Page 123, line 12, leave out “English”

23
166
Page 123, line 12, leave out from “must” to end of line 14 and insert “, when

exercising functions under, or in connection with, section 171, have regard to any

guidance published by the appropriate national authority under this section.”
167
Page 123, line 15, leave out subsection (5) and insert—

“(5)
In this section—

“appropriate national authority”—

(a)
in relation to a relevant English NHS body and authorised

officers in respect of English NHS premises, means the

Secretary of State, and

(b)
in relation to a relevant Welsh NHS body and authorised

officers in respect of Welsh NHS premises, means the Welsh

Ministers,

“appropriate NHS staff member” and “authorised officer” have the

same meaning as in section 171,

“relevant NHS body” means a relevant English NHS body or a

relevant Welsh NHS body.

(6)
Terms defined in section 170 have the same meaning in this section as in

that section.”
Clause 173
168
Page 123, line 21, after “England” insert “and Wales”
Clause 178
169
Page 128, line 11, leave out “Schedule 3 to”
Clause 189
170
Page 134, line 4, leave out from “action”” to end of line 6 and insert “means—

(a)
the withholding of services as a prison officer; or

(b)
any action that would be likely to put at risk the safety of any

person (whether a prisoner, a person working at or visiting a

prison, a person working with prisoners or a member of the

public).””
171
Page 134, line 10, at end insert—

“(5)
In subsection (4), after paragraph (aa) (inserted by subsection (4) above)

insert—

“(b)
holds any post, otherwise than as a medical officer, to which

he has been appointed for the purposes of section 3(1A) of

the Prisons (Scotland) Act 1989;”.”
Clause 190
172
Page 134, line 21, leave out from “instrument” to end of line 22 and insert—

“(4)
A statutory instrument containing an order under this section may not be

made unless a draft of the instrument has been laid before, and approved

by resolution of, each House of Parliament.”

24

After Clause 190
173
Insert the following new Clause—

“Police and prison service pay: Secretary of State’s power to make regulations

Regulations made by the Secretary of State—

(a)
specified in section 62 of the Police Act 1996 (c. 16) (functions of the

board with respect to regulations) which do not follow the

recommendations of the Police Negotiation Board as established by

section 16 of that Act, or

(b)
under section 128 of the Criminal Justice and Public Order Act 1994

(c. 33) (pay and related conditions) which do not follow the

recommendations of the Prison Service Pay Review Board as

established by that section,

may not be made until laid before, and approved by resolution of, the

House of Commons.”
Clause 191
174
Page 135, line 2, leave out “children generally or any child” and insert “any

particular child or children or to children of any particular description”
175
Page 135, line 6, leave out “children generally or any child” and insert “the

particular child or children, or the children of that description,”
176
Page 135, line 11, leave out from “disclosure” to end of line 14
After Clause 195
177
Insert the following new Clause—

“Automatic deportation of criminals

Convention against human trafficking

After section 33(6) of the UK Borders Act 2007 (automatic deportation:

exceptions) insert—

“(6A)
Exception 6 is where the Secretary of State thinks that the

application of section 32(4) and (5) would contravene the United

Kingdom’s obligations under the Council of Europe Convention on

Action against Trafficking in Human Beings (done at Warsaw on

16th May 2005).””
Clause 196
178
Page 141, line 12, at end insert—

“(2A)
Subject to subsection (2B), a statutory instrument containing any order or

regulations under this Act is subject to annulment in pursuance of a

resolution of either House of Parliament.

(2B)
Subsection (2A) does not apply to—

(a)
a statutory instrument containing an order under section 201,

(b)
a statutory instrument containing an order under paragraph 26(5)

of Schedule 1,

25

(c)
a statutory instrument containing an Order in Council under

paragraph 9 of Schedule 27, or

(d)
a statutory instrument to which subsection (3) applies.”
179
Page 141, line 13, after “containing” insert “(whether alone or with other

provision)”
180
Page 141, line 15, leave out paragraphs (b) to (h)
181
Page 141, line 21, at end insert—

“( )
an order under section 98(2),”
182
Page 141, line 21, at end insert—

“( )
an order under section (Power to alter penalty for unlawfully obtaining

etc. personal data),”
183
Page 141, line 34, leave out subsection (4)
184
Page 141, line 40, at end insert—

“(4A)
An order under section 201(4A)(b) is to be made by statutory instrument.”
Clause 197
185
Page 142, line 31, at end insert—

“(8)
Her Majesty may by Order in Council extend any provision made by virtue

of subsection (4)(b), with such modifications as may appear to Her Majesty

to be appropriate, to the Isle of Man or any British overseas territory.

(9)
The power under subsection (8) includes power to make supplementary,

incidental, consequential, transitory, transitional or saving provision.

(10)
Subsection (8) does not apply in relation to amendments of the Armed

Forces Act 2006 (c. 52).”
After Clause 199
186
Insert the following new Clause—

“Effect of amendments to criminal justice provisions applied for purposes of

service law

(1)
In this section “relevant criminal justice provisions” means provisions of, or

made under, an Act which—

(a)
relate to criminal justice; and

(b)
have been applied (with or without modifications) for any purposes

of service law by any provision of, or made under, any Act.

(2)
Unless the contrary intention appears, any amendment by this Act of

relevant criminal justice provisions also amends those provisions as so

applied.

(3)
Subsection (2) does not apply to any amendments made by Part 1.

(4)
In this section “service law” means—

(a)
the system of service law established by the Armed Forces Act 2006

(c. 52); or

26

(b)
any of the systems of service law superseded by that Act (namely,

military law, air force law and the Naval Discipline Act 1957

(c. 53)).”
Clause 200
187
Page 143, line 4, leave out subsection (2)
188
Page 143, line 25, leave out paragraphs (a) to (f)
189
Page 143, line 42, at end insert—

“( )
section (Power to alter penalty for unlawfully obtaining etc. personal

data),”
190
Page 144, line 3, leave out paragraph (c)
191
Page 144, line 10, leave out paragraph (a)
192
Page 144, line 31, after “by” insert “or under”
193
Page 144, line 31, after “Act” insert—

“( )
section (Effect of amendments to criminal justice provisions applied by the

Armed Forces Act 2006 for purposes of service law),”
Clause 201
194
Page 144, line 43, at end insert—

“(aa)
section (Power to alter penalty for unlawfully obtaining etc. personal

data);”
195
Page 144, line 45, after “189” insert “(1) to (4)”
196
Page 145, line 13, at end insert—

“( )
section (Abolition of common law offences of blasphemy and blasphemous

libel) and the related repeals in Schedule 38;”
197
Page 145, line 26, at end insert—

“(4A)
Sections 170 to 172 come into force—

(a)
in relation to English NHS premises, on such day as the Secretary of

State may by order appoint, and

(b)
in relation to Welsh NHS premises, on such day as the Welsh

Ministers may by order appoint.”
Schedule 1
198
Page 150, line 10, leave out “or an officer of a local probation board” and insert “,

an officer of a local probation board or an officer of a provider of probation

services”
199
Page 151, line 2, leave out “or an officer of a local probation board” and insert “, an

officer of a local probation board or an officer of a provider of probation services”
200
Page 151, line 27, leave out “or”
201
Page 151, line 28, at end insert “; or

(iii)
an officer of a provider of probation services,”
202
Page 153, line 3, leave out “or”