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| | Appointment of chief constables and assistant chief constables |
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| To move the following Clause:— |
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| | ‘(1) | The Police Act 1996 is amended as follows. |
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| | (2) | In section 11(1) (appointment and removal of chief constables) leave out “but |
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| | subject to the approval of the Secretary of State”. |
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| | (3) | In section 11(2) leave out “acting with the approval of the Secretary of State”. |
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| | (4) | In section 11(3), leave out “Before seeking the approval of the Secretary of State |
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| | (5) | In section 12(2) (assistant chief constables) leave out “and subject to the approval |
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| | of the Secretary of State”. |
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| | (6) | In section 12(5) leave out “Secretary of State” and insert “relevant police |
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| | (7) | For section 2 (removal of chief constables etc) substitute— |
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| | “(1) | A police authority may exercise its power under section 11 to call upon |
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| | the chief constable to retire in the interests of efficiency or effectiveness. |
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| | (2) | Before requiring the exercise or the similar power exercisable with |
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| | respect to an assistant chief constable, the police authority shall give the |
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| | chief constable or assistant chief constable an opportunity to make |
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| | representations to him and shall consider any representations so made.”’. |
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| | Responsibilities of police authorities |
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| To move the following Clause:— |
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| | ‘(1) | Each police authority may determine its own local precept agreement with the |
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| | relevant local council or councils as appropriate to its individual requirements. |
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| | (2) | Each police authority may determine its own fiscal priorities in accordance with |
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| | its individual requirements. |
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| | (3) | The Secretary of State may not give unsolicited directions to police authorities on |
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| | local precepts, minimum budgets or fiscal priorities. |
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| | (4) | Each police authority has a duty to consult with the Secretary of State, and to take |
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| | account of national policing authorities. |
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| | (5) | The Police Act 1996 is amended as follows. |
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| | (6) | In section 6(2) (general functions of police authorities), leave out paragraph (a). |
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| | (7) | In section 6(2)(c) leave out “whether in compliance with a direction under section |
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| | (8) | In section 6 subsection (3) is omitted. |
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| | (9) | For section 37A (setting of strategic priorities for police authorities) substitute— |
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| | Each individual police authority must determine objectives for the |
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| | policing of their own local area”. |
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| | (10) | For section 38 (setting of performance targets) substitute— |
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| | “38 | Levels of performance |
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| | Where an objective has been determined under section 37, the relevant |
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| | police authority shall establish levels of performance (performance |
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| | targets to be aimed at in seeking to achieve the objective).”. |
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| | (11) | Section 39 (codes of practice) is repealed. |
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| | (12) | Section 41 (directions as to a minimum budget) is repealed. |
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| | (13) | Section 44 (reports from chief constables) is repealed. |
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| | (14) | The Local Government Act 1999 is amended as follows. |
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| | (15) | In section 31(9) (major precepting authorities: further recognition), after “1992”, |
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| | insert “, but excluding police authorities and the Metropolitan Police |
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| | Offences relating to information about members of armed forces etc |
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| To move the following Clause:— |
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| | ‘Section 76 of the Counter-Terrorism Act 2008 is repealed.’. |
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| To move the following Clause:— |
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| | ‘(1) | The Sexual Offences Act 1956 is amended as follows. |
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| | (2) | After section 33A insert— |
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| | “33B | Definition of a brothel |
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| | (1) | Premises shall not be regarded as a brothel where— |
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| | (a) | no more than two prostitutes, with or without a maid, are |
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| | working together or separately on any given day; and |
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| | (b) | each prostitute retains control over her or his individual earnings |
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| | from the prostitution carried out at the premises. |
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| | (2) | In this section ‘prostitute’ has the meaning given by section 51(2) of the |
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| | Sexual Offence Act 2003.”’. |
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| | Decriminalisation of associated workers in brothels |
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| To move the following Clause:— |
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| | ‘(1) | The Sexual Offences Act 1956 is amended as follows. |
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| | (2) | After section 33A insert— |
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| | “33B | Associated workers in brothels |
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| | For the purposes of section 33 and 33A, a person who is not directly |
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| | involved in the provision of sexual services is not to be treated as |
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| | assisting in the management of a brothel by reason only of being |
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| | employed in a brothel.”’. |
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| | Unlawful rendition and searching of aircraft |
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| To move the following Clause:— |
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| | ‘After section 24B of the Aviation Security Act 1982 (c. 36) insert— |
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| | “24C | Police powers to search aeroplanes |
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| | (1) | If the Secretary of State has reason to believe that an aircraft that is in |
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| | flight over the United Kingdom is or has recently been or may be |
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| | involved in an act of unlawful rendition then he or she may require the |
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| | aircraft to land at a suitable aerodrome. |
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| | (2) | If an aircraft is required to land in accordance with subsection (1), a |
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| | responsible person must, as soon as practicable after the aircraft has |
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| | landed, enter and search the aircraft. |
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| | (3) | The Secretary of State or a responsible person must enter and search an |
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| | aircraft if he or she has reason to believe that— |
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| | (a) | an aircraft in an aerodrome is or has recently been or may be |
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| | involved in an act of unlawful rendition; or |
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| | (b) | in respect of an aircraft in an aerodrome, incomplete or incorrect |
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| | information under sections 32 and 33 of the Immigration, |
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| | Asylum and Nationality Act 2006 (c. 13) has been supplied. |
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| | (4) | For the purposes of subsections (2) and (3), a search of an aircraft is to be |
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| | carried out to determine if— |
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| | (a) | the aircraft has recently been, or may be involved in an act of |
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| | (b) | a criminal offence has been committed; or |
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| | (c) | allowing the aircraft to continue on its journey could place the |
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| | United Kingdom in breach of its obligations under the European |
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| | Convention on Human Rights, |
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| | | but these powers may only be exercised when it is not reasonably |
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| | practicable to apply for a warrant of entry in accordance with section 8 of |
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| | the Police and Criminal Evidence Act 1984 (c. 60). |
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| | (5) | A person who carries out a search under this section may remove any |
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| | items from the aircraft if it may be evidence of any of the matters set out |
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| | “an act of unlawful rendition” means an act, not being in accordance with |
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| | formal lawful extradition or deportation procedures, involving the |
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| | forcible transportation of a person to a territory where he or she may be |
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| | subjected to torture and inhuman and degrading treatment; |
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| | “a responsible person” means— |
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| | (c) | the chief officer of police of a police force maintained for a |
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| | police area in England and Wales; |
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| | (d) | the chief constable of a police force maintained under the Police |
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| | (Scotland) Act 1967 (c. 77); |
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| | (e) | the Chief Constable of the Police Service of Northern Ireland; |
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| | (f) | one of the Commissioners for HM Revenue and Customs; |
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| | (g) | a constable designated by any of the persons specified in |
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| | paragraphs (a) to (c).”’. |
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| Page 2, line 2, leave out Clause 2. |
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| Page 2 [Clause 2], leave out lines 13 to 16 and insert ‘up to ten persons nominated by |
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| the Secretary of State after consultation with the Association of Police Authorities and the |
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| Association of Chief Police Officers.’. |
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| Page 2, line 22 [Clause 2], after ‘reports’, insert ‘, which shall be published and |
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| automatically laid before Parliament’. |
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| Page 3, line 6 [Clause 2], after ‘panel’, insert ‘and Her Majesty’s Inspectors of |
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| Constabulary shall submit an annual report to the Secretary of State on the operation of |
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| the Senior Appointments process in each police force area’. |
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| Page 3, line 11 [Clause 2], at end insert— |
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| | ‘(4A) | In discharging its functions under subsection (2)(a) the panel must have regard to |
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| | Article 25 of the International Covenant on Civil and Political Rights (right of |
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| | equal access to public service).’. |
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| Page 4 [Clause 4], leave out line 22. |
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| Page 4 [Clause 4], leave out line 31. |
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| Page 4 [Clause 4], leave out line 40. |
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| Page 5, line 22 [Clause 5], at end insert— |
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| | ‘(6A) | A chief officer may make an agreement only after consulting with representatives |
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| | of police authority employees.’. |
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| Page 6, line 4 [Clause 5], leave out subsection (4) and insert— |
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| | ‘(4) | A police authority may make an agreement which includes provision about the |
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| | discharge of functions by employees who are under the direction and control of a |
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| | chief officer only with the approval of that chief officer.’. |
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| Page 6, line 41 [Clause 5], at end insert ‘and a collaboration agreement shall |
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| include procedures for achieving a settlement of all outstanding financial and legal |
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| liabilities between parties upon a party terminating its contractual obligations under a |
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| collaboration agreement’. |
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| Page 8, line 15 [Clause 5], at end insert— |
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| | ‘(1A) | A notice under this section may provide for the termination of the agreement with |
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| | immediate effect or at the end of a specified period.’. |
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| Page 8, line 17 [Clause 5], at end insert— |
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| | ‘(3) | The period of notice shall be such as the Secretary of State sees fit.’. |
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| Page 15, line 25, leave out Clause 13. |
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| Page 15, line 27 [Clause 13], leave out from beginning to end of line 2 on page 16 |
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| | ‘“53A | Paying for sexual services of a trafficked prostitute |
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| | (1) | A person (A) commits an offence if— |
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| | (a) | A makes or promises payment for the sexual services of a prostitute (B), |
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| | (b) | B has been trafficked, and |
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| | (c) | A is aware, or ought to be aware, that B has been trafficked. |
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| | (2) | Whether A ought to be aware that B has been trafficked is to be determined |
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| | having regard to all the circumstances, including any steps A has taken to |
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| | ascertain whether B has been trafficked. |
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| | (3) | It is irrelevant where in the world the sexual services are to be provided and |
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| | whether those services are provided.”’. |
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| Page 15, line 27 [Clause 13], leave out ‘controlled for gain’ and insert ‘subjected to |
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| Page 15 [Clause 13], leave out lines 28 to 37 and insert— |
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| | ‘(1) | A person (A) commits an offence if— |
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| | (a) | A makes or promises payment for the sexual services of a prostitute (B), |
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| | (b) | any of B’s activities relating to the provision of those services are |
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| | intentionally controlled for gain by a third person (C), and |
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| | (c) | A is aware, or ought to be aware, that B’s activities are controlled for |
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| | (1A) | Whether A ought to be aware that B’s activities are controlled for gain is to be |
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| | determined having regard to all the circumstances, including any steps A has |
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| | taken to ascertain whether B is controlled for gain. |
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| | (1B) | It is irrelevant where in the world the sexual services are to be provided and |
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| | whether those services are provided.’. |
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| Page 15, line 30 [Clause 13], leave out from ‘(B),’ to end of line 32 and insert— |
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