New
Schedule
2
‘Hatred
on the grounds of sexual
orientation
1 Part 3A of the Public
Order Act 1986 (c. 64) (hatred against persons on religious grounds)
has effect subject to the following
amendments.
2 In the heading
for Part 3A at the end insert “or grounds of sexual
orientation”.
3 In the
italic cross-heading before section 29A at the end insert “and
“hatred on the grounds of sexual
orientation””.
4
After that section
insert—
“29AB
Meaning of “hatred on the grounds of sexual
orientation”
In this
Part “hatred on the grounds of sexual orientation” means
hatred against a group of persons defined by reference to sexual
orientation (whether towards persons of the same sex, the opposite sex
or both).”
5 In the italic cross-heading before section 29B at
the end insert “or hatred on the grounds of sexual
orientation”.
6 (1)
Section 29B (use of words or behaviour or display of written material)
is amended as follows.
(2) In
subsection (1), after “religious hatred” insert
“or hatred on the grounds of sexual
orientation”.
(3) Omit
subsection (3).
7 In section
29C(1) (publishing or distributing written material), after
“religious hatred” insert “or hatred on the
grounds of sexual
orientation”.
8 In
section 29D(1) (public performance of play), after “religious
hatred” insert “or hatred on the grounds of sexual
orientation”.
9 In
section 29E(1) (distributing, showing or playing a recording), after
“religious hatred” insert “or hatred on the
grounds of sexual
orientation”.
10 In
section 29F(1) (broadcasting or including programme in programme
service), after “religious hatred” insert “or
hatred on the grounds of sexual
orientation”.
11 In
section 29G(1) (possession of inflammatory material), for
“religious hatred to be stirred up thereby” substitute
“thereby to stir up religious hatred or hatred on the grounds of
sexual orientation”.
12
(1) Section 29H (powers of entry and search) is amended as
follows.
(2) In subsection (1),
omit “in England and
Wales”.
(3) Omit
subsection (2).
13 (1) Section
29I (power to order forfeiture) is amended as
follows.
(2) In subsection
(2)—
(a) in paragraph
(a), omit “in the case of an order made in proceedings in
England and Wales,”; and
(b) omit paragraph
(b).
(3) Omit subsection
(4).
14 In section 29K(1)
(savings for reports of parliamentary or judicial proceedings), for
“or in the Scottish Parliament” substitute “, in
the Scottish Parliament or in the National Assembly for
Wales”.
15 (1) Section
29L (procedure and punishment) is amended as
follows.
(2) In subsections (1)
and (2), omit “in England and
Wales”.
(3) In
subsection (3), in paragraph (b), for “six months”
substitute “12
months”.
(4) After that
subsection
insert—
“(4) In
subsection (3)(b) the reference to 12 months shall be read as a
reference to 6 months in relation to an offence committed before the
commencement of section 154(1) of the Criminal Justice Act
2003.”
16 In section 29N
(interpretation), after the definition of “dwelling”
insert—
““hatred
on the grounds of sexual orientation” has the meaning
given by section 29AB;”.’.—[Mr.
Coaker.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Schedule
3
‘Sexual
offences: grooming and
adoption
Meeting a child
following sexual grooming
1
In section 15(1) of the Sexual Offences Act 2003 (c. 42)
(meeting a child following sexual grooming etc) for paragraphs (a) and
(b)
substitute—
“(a)
A has met or communicated with another person (B) on at least two
occasions and
subsequently—
(i) A
intentionally meets B,
(ii) A travels with the intention of meeting B in
any part of the world or arranges to meet B in any part of the world,
or
(iii) B travels with the
intention of meeting A in any part of the
world,
(b) A intends to do
anything to or in respect of B, during or after the meeting mentioned
in paragraph (a)(i) to (iii) and in any part of the world, which if
done will involve the commission by A of a relevant
offence,”.
Adoption
2
The Sexual Offences Act 2003 (c. 42) has effect subject to the
following amendments.
3 In
section 27(1)(b) (family relationships) after “but for”
insert “section 39 of the Adoption Act 1976
or”.
4 In section
29(1)(b) (sections 25 and 26: sexual relationships which pre-date
family relationships) after “if” insert “section
39 of the Adoption Act 1976 or”.
5 (1) Section 64 (sex with an adult relative:
penetration) is amended as
follows.
(2) In subsection (1)
after “(A)” insert “(subject to subsection
(3A))”.
(3) In
subsection (3) after “In subsection (2)—”
insert—
“(za)
“parent” includes an adoptive
parent;
(zb)
“child” includes an adopted person within the meaning of
Chapter 4 of Part 1 of the Adoption and Children Act
2002;”.
(4) After that
subsection
insert—
“(3A)
Where subsection (1) applies in a case where A is related to B as
B’s child by virtue of subsection (3)(zb), A does not commit an
offence under this section unless A is 18 or
over.”
(5) After
subsection (5)
insert—
“(6)
Nothing in—
(a) section
47 of the Adoption Act 1976 (which disapplies the status provisions in
section 39 of that Act for the purposes of this section in relation to
adoptions before 30 December 2005),
or
(b) section 74 of the
Adoption and Children Act 2002 (which disapplies the status provisions
in section 67 of that Act for those purposes in relation to adoptions
on or after that date),
is to
be read as preventing the application of section 39 of the Adoption Act
1976 or section 67 of the Adoption and Children Act 2002 for the
purposes of subsection (3)(za) and (zb)
above.”
6 (1) Section 65
(sex with an adult relative: consenting to penetration) is amended as
follows.
(2) In subsection (1)
after “(A)” insert “(subject to subsection
(3A))”.
(3) In
subsection (3) after “In subsection (2)—”
insert—
“(za)
“parent” includes an adoptive
parent;
(zb)
“child” includes an adopted person within the meaning of
Chapter 4 of Part 1 of the Adoption and Children Act
2002;”.
(4) After that
subsection
insert—
“(3A)
Where subsection (1) applies in a case where A is related to B as
B’s child by virtue of subsection (3)(zb), A does not commit an
offence under this section unless A is 18 or
over.”
(5) After
subsection (5)
insert—
“(6)
Nothing in—
(a) section
47 of the Adoption Act 1976 (which disapplies the status provisions in
section 39 of that Act for the purposes of this section in relation to
adoptions before 30 December 2005),
or
(b) section 74 of the
Adoption and Children Act 2002 (which disapplies the status provisions
in section 67 of that Act for those purposes in relation to adoptions
on or after that date),
is to
be read as preventing the application of section 39 of the Adoption Act
1976 or section 67 of the Adoption and Children Act 2002 for the
purposes of subsection (3)(za) and (zb)
above.”
7 In section 47(1) of the Adoption Act 1976
(c. 36) (disapplication of section 39 (status conferred by
adoption) for the purposes of miscellaneous enactments) for
“sections 10 and 11 (incest) of the Sexual Offences Act
1956” substitute “or sections 64 and 65 of the Sexual
Offences Act 2003 (sex with an adult
relative)”.’.—[Mr.
Coaker.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Schedule
4
‘Section
327A of the Criminal Justice Act 2003: meaning of “child sex
offence”
The following is the
Schedule to be inserted as Schedule 34A to the Criminal Justice Act
2003 (c. 44)—
Child sex offences for purposes of
section 327A
Offences under
provisions repealed by Sexual Offences Act
2003
1 An offence
under—
(a) section 5 or
6 of the Sexual Offences Act 1956 (intercourse with girl under 13 or
16), or
(b) section 28 of that
Act (causing or encouraging the prostitution of, intercourse with or
indecent assault on girl under
16).
2 An offence under any
of—
(a) section 1 of
that Act (rape),
(b) section 10
of that Act (incest by a man),
and
(c) sections 12 to 16 of
that Act (buggery, indecency between men, indecent assault and assault
with intent to commit
buggery),
where the victim or
(as the case may be) the other party was under 18 at the time of the
offence.
3 An offence under
section 1 of the Indecency with Children Act 1960 (indecent conduct
towards child under 14).
4 An
offence under section 9 of the Theft Act 1968 of burglary with intent
to commit rape where the intended offence was an offence against a
person under 18.
5 An offence
under section 54 of the Criminal Law Act 1977 (incitement of child
under 16 to commit incest).
6
An offence under section 3 of the Sexual Offences (Amendment) Act 2000
(abuse of position of
trust).
Other
offences
7 An offence under
any of—
(a) sections 5
to 8 of the Sexual Offences Act 2003 (rape and other offences against
children under 13),
(b)
sections 9 to 15 of that Act (child sex
offences),
(c) sections 16 to
19 of that Act (abuse of position of
trust),
(d) sections 25 and 26
of that Act (familial child sex offences),
and
(e) sections 47 to 50 of
that Act (abuse of children through prostitution and
pornography).
8 An offence
under any of—
(a)
sections 1 to 4 of that Act (rape, assault and causing sexual activity
without consent),
(b) sections
30 to 41 of that Act (persons with a mental disorder impeding choice,
inducements etc to persons with a mental disorder, and care workers for
persons with a mental disorder),
and
(c) section 61 of that Act
(administering a substance with
intent),
where the victim of
the offence was under 18 at the time of the
offence.
9 An offence under
section 62 or 63 of that Act (committing an offence with intent to
commit a sexual offence and trespass with intent to commit a sexual
offence) where the intended offence was an offence against a person
under 18.
10 An offence under section 66 or 67 of that Act
(exposure and voyeurism) where the victim or intended victim of the
offence was under 18 at the time of the
offence.
11
An offence under—
(a)
section 1 of the Protection of Children Act 1978 (indecent photographs
of children), or
(b) section
160 of the Criminal Justice Act 1988 (possession of indecent photograph
of child).
12 An offence under
section 170 of the Customs and Excise Management Act 1979 (penalty for
fraudulent evasion of duty etc) in relation to goods prohibited to be
imported under section 42 of the Customs Consolidation Act 1876
(indecent or obscene articles) where the prohibited goods included any
indecent photograph showing a person under
18.
13 An offence under section
64 of the Criminal Justice and Immigration Act 2008 (possession of
extreme pornographic images) in relation to an image showing a person
under
18.
General
14
A reference in this Schedule to an offence (“offence A”)
includes—
(a) a
reference to an attempt to commit offence
A,
(b) a reference to a
conspiracy to commit offence
A,
(c) a reference to
incitement to commit offence
A,
(d) a reference to an
offence under Part 2 of the Serious Crime Act 2007 in relation to which
offence A is the offence (or one of the offences) which the person
intended or believed would be committed,
and
(e) a reference to aiding
and abetting, counselling or procuring the commission of offence
A.
15 A reference in this
Schedule to an offence (“offence A”)
includes—
(a) a
reference to an offence under section 70 of the Army Act 1955, section
70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act
1957 as respects which the corresponding civil offence (within the
meaning given by the section in question) is offence A,
and
(b) a reference to an
offence under section 42 of the Armed Forces Act 2006 as respects which
the corresponding offence under the law of England and Wales (within
the meaning given by that section) is offence
A.”.’.—[Mr.
Coaker.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Schedule
5
‘Penalties
suitable for enforcement in England and Wales or Northern
Ireland
Person residing in
England and Wales
1 The
financial penalty is suitable for enforcement in England and Wales if
the certificate states that the person required to pay the penalty is
normally resident in England and
Wales.
Person residing in
Northern Ireland
2 The
financial penalty is suitable for enforcement in Northern Ireland if
the certificate states that the person required to pay the penalty is
normally resident in Northern
Ireland.
Person having
property etc. in England and
Wales
3 The financial
penalty is suitable for enforcement in England and Wales
if—
(a) the certificate
states that the person required to pay the penalty has property or a
source of income in England and Wales,
and
(b) the certificate does
not state—
(i) that the
person has property or a source of income in Northern Ireland or
Scotland, or
(ii) that the
person is normally resident in the United
Kingdom.
Person having property etc. in Northern
Ireland
4
The financial penalty is suitable for enforcement in Northern Ireland
if—
(a) the certificate
states that the person required to pay the penalty has property or a
source of income in Northern Ireland,
and
(b) the certificate does
not state—
(i) that the
person has property or a source of income in England and Wales or
Scotland, or
(ii) that the
person is normally resident in the United
Kingdom.
Person having
property etc. in England and Wales and Northern
Ireland
5 (1) This
paragraph applies
if—
(a) the certificate
states that the person required to pay the penalty has property or a
source of income in England and
Wales,
(b) the certificate also
states that the person has property or a source of income in Northern
Ireland, and
(c) the
certificate does not state
—
(i) that the person
has property or a source of income in Scotland,
or
(ii) that the person is
normally resident in the United
Kingdom.
(2) The financial
penalty is suitable for enforcement in England and Wales unless it is
suitable for enforcement in Northern Ireland by virtue of sub-paragraph
(3).
(3) The financial penalty
is suitable for enforcement in Northern Ireland if the Lord Chancellor
thinks that it is more appropriate for the penalty to be enforced in
Northern Ireland than in England and
Wales.
Person having
property etc. in England and Wales and
Scotland
6 (1) This
paragraph applies
if—
(a) the certificate
states that the person required to pay the penalty has property or a
source of income in England and
Wales,
(b) the certificate also
states that the person has property or a source of income in Scotland,
and
(c) the certificate does
not state —
(i) that the
person has property or a source of income in Northern Ireland,
or
(ii) that the person is
normally resident in the United Kingdom.
(2) The financial penalty is suitable for
enforcement in England and Wales unless sub-paragraph (3)
applies.
(3) This sub-paragraph
applies if—
(a) the Lord
Chancellor was given the certificate by the competent authority or
central authority of another member State (and not by the central
authority for Scotland),
and
(b) the Lord Chancellor
thinks that it is more appropriate for the financial penalty to be
enforced in Scotland than in England and
Wales.
Person having
property etc. in Northern Ireland and
Scotland
7 (1) This
paragraph applies
if—
(a) the certificate
states that the person required to pay the penalty has property or a
source of income in Northern
Ireland,
(b) the certificate
also states that the person has property or a source of income in
Scotland, and
(c) the
certificate does not state
—
(i) that the person
has property or a source of income in England and Wales,
or
(ii) that the person is
normally resident in the United
Kingdom.
(2) The financial
penalty is suitable for enforcement in Northern Ireland unless
sub-paragraph (3) applies.
(3) This sub-paragraph applies
if—
(a) the Lord
Chancellor was given the certificate by the competent authority or
central authority of another member State (and not by the central
authority for Scotland),
and
(b) the Lord Chancellor
thinks that it is more appropriate for the financial penalty to be
enforced in Scotland than in Northern
Ireland.
Person having
property etc. in England and Wales, Scotland and Northern
Ireland
8 (1) This
paragraph applies
if—
(a) the certificate
states that the person required to pay the penalty has property or a
source of income in Northern
Ireland,
(b) the certificate
also states that the person has property or a source of income in
England and Wales and in Scotland,
and
(c) the certificate does
not state that the person is normally resident in the United
Kingdom.
(2) The financial
penalty is suitable for enforcement in England and Wales
unless—
(a) the penalty
is suitable for enforcement in Northern Ireland by virtue of
sub-paragraph (3) or (4),
or
(b) sub-paragraph (5)
applies.
(3) The financial
penalty is suitable for enforcement in Northern Ireland
if—
(a) the Lord
Chancellor was given the certificate by the competent authority or
central authority of another member State (and not by the central
authority for Scotland),
(b)
the Lord Chancellor thinks that it is more appropriate for the
financial penalty to be enforced in Northern Ireland than in England
and Wales or Scotland.
(4) The
financial penalty is suitable for enforcement in Northern Ireland
if—
(a) the Lord
Chancellor was given the certificate by the central authority for
Scotland, and
(b) the Lord
Chancellor thinks that it is more appropriate for the financial penalty
to be enforced in Northern Ireland than in England and
Wales.
(5) The sub-paragraph
applies if—
(a) the Lord
Chancellor was given the certificate by the competent authority or
central authority of another member State (and not by the central
authority for Scotland),
and
(b) the Lord Chancellor
thinks that it is more appropriate for the financial penalty to be
enforced in Scotland than in England and Wales or Northern
Ireland.
Interpretation
9
Where the person is a body corporate, this Schedule applies as
if—
(a) the reference in
paragraph 1 to the person being normally resident in England and Wales
were a reference to the person having its registered office in England
and Wales,
(b) the reference in
paragraph 2 to the person being normally resident in Northern Ireland
were a reference to the person having its registered office in Northern
Ireland, and
(c) any reference
to the person being normally resident in the United Kingdom were a
reference to the person having its registered office in the United
Kingdom.’.—[Mr.
Coaker.]
Brought
up, read the First and Second time, and added to the
Bill.
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