SEXUAL OFFENCES (AMENDMENT) BILL
Memorandum by the Home Office
This Memorandum, which is provided by the Home Office
in consultation with the Scottish Executive and the Northern Ireland
Office, sets out the delegated powers conferred by the Sexual
Offences (Amendment) Bill and indicates the Parliamentary procedure
which is considered appropriate.
Clause 4 provides the meaning of 'position of trust'
and sets out the four conditions in which a person aged 18 or
over is said to be in a 'position of trust' in relation to a person
under that age. Clause 4 (1) provides that further conditions
may be added by an order made by statutory instrument by the
Secretary of State.
By clause 4 (6) the order making power under clause
4 (1) is subject to the affirmative resolution procedure.
The four conditions are set out in clause 4 subsections
(2) to (5). They are: where the younger person is detained in
an institution under a court order or under any enactment and
the older person is regularly involved in caring for, training,
supervising or being in sole charge of persons under 18; where
the younger person is resident in and provided with accommodation
by a local authority, an equivalent Northern Ireland body or a
voluntary organisation in a home or other place and the older
person is regularly involved in caring for, training, supervising
or being in sole charge of persons under 18 there; where the younger
person is in any of the following: a hospital; a residential care
home, nursing home, mental nursing home or private hospital; a
community home, voluntary home, children's home or residential
establishment; or a home provided under section 82 (5) of the
Children Act 1989; and the older person is regularly involved
in caring for, training, supervising or being in sole charge of
persons under 18 there; and where the younger person is in full
time education in an institution and the older person is regularly
involved in caring for, training, supervising or being in sole
charge of persons under 18 there or in another education institution
by arrangement with the first.
It may be necessary to add other conditions. As this
would amend primary legislation and potentially increase the burden
on local authorities and other bodies, the affirmative resolution
procedure is considered appropriate.
Subsection (2) provides that for the purposes of
the Scotland Act 1998, the Bill shall be treated as a pre-commencement
enactment within the meaning of that Act. This means that, in
relation to Scotland, the power to make orders under clauses
4 and 7 will be exercisable by the Scottish Ministers within
the meaning of that Act and any clause 4 order will require to
be laid before the Scottish Parliament.
Subsection (3) provides that the Bill will come into
force on such day as the Secretary of State may by order appoint;
and different days may be appointed for different purposes. In
relation to Scotland the Bill will come into force on the date
specified by Scottish Ministers. The order making power under
subsection (3) is exercisable by statutory instrument. The power
is not subject to any Parliamentary procedure, in common with
most commencement order-making powers.