154: Schedule 9, page 167, line 11, leave out sub-paragraph (3)
155: Schedule 9, page 170, line 4, at end insert—
““After section 81(8) (general interpretation) insert—
““(9) References in this Act to provision which, if it were contained in an Act of the Northern Ireland Assembly, would deal with a Northern Ireland transferred matter or (as the case may be) a transferred matter (see sections 23A(7)(b), 32A(8)(c) and 77B(3)) do not include references to any such provision which would be ancillary to other provision (whether in the Act of the Northern Ireland Assembly or previously enacted) which deals with an excepted or reserved matter (within the meaning given by section 4(1) of the Northern Ireland Act 1998).””””
156: Schedule 9, page 180, line 9, at end insert—
““In section 113BC(1) (suitability information: power to amend), after paragraph (b), insert ““;
(c) amend section 120AC(4)(b) in consequence of an order made under paragraph (a) or (b).””
In section 114(3) (application of other provisions of Part 5 to an application under that section), for ““Section 113A(3) to (6)”” substitute ““Sections 113A(3) to (6) and 120AC””.
In section 116(3) (application of other provisions of Part 5 to an application under that section), for ““and 113BA to 113BC”” substitute ““, 113BA to 113BC and 120AC””.””
157: Schedule 9, page 180, line 37, at end insert—
““( ) After subsection (3) insert—
““(3A) The Secretary of State by notice given in writing may require a person who has a certificate which is subject to up-date arrangements under section 116A to attend at a place and time specified in the notice to provide fingerprints for the sole purpose of enabling the Secretary of State to verify whether information in the possession of the Secretary of State that the Secretary of State considers may be relevant to the person’s certificate does relate to that person.
(3B) If a person fails to comply with a requirement imposed under subsection (3A), the Secretary of State by notice given in writing may inform that person that, from a date specified in the notice, the person’s certificate is to cease to be subject to up-date arrangements.””””
158: Schedule 9, page 180, line 39, at end insert—
““( ) In subsection (1A), after paragraph (a) (but before the word ““or”” at the end of the paragraph) insert—
““(aa) the provision of up-date information under section 116A;””.””
159: Schedule 9, page 181, line 11, at end insert—
““( ) After subsection (5)(c) insert—
““(ca) a sample of cases in which the chief officer of a police force has decided that information should be disclosed or not disclosed to the Secretary of State for the purpose of the provision by the Secretary of State of up-date information under section 116A.””””
160: Schedule 9, page 181, line 15, at end insert—
““( ) Section 120 (registered persons) is amended as follows.
( ) In subsection (2)—
(a) for the words from the beginning to ““the””, where it first occurs, substitute ““The””,
(b) after paragraph (a) insert ““and””, and
(c) omit paragraph (c) and the word ““and”” before it.
( ) After that subsection insert—
““(2A) Subsection (2) is subject to—
(a) regulations under section 120ZA,
(b) section 120A, and
(c) section 120AA and regulations made under that section.””””
161: Schedule 9, page 181, line 25, leave out paragraph 107 and insert—
““(1) Section 124 (offences: disclosure) is amended as follows.
(2) In subsection (4)—
(a) in paragraph (b), omit ““(5) or””, and
(b) for ““subsections (5) and (6)”” substitute ““subsection (6)””.
(3) Omit subsection (5).””
162: Schedule 9, page 181, line 35, after ““116A(1)”” insert ““or 120AC(1)””
163: Schedule 9, page 181, line 38, leave out from ““to”” to end of line 39 and insert ““—
(a) a request under section 116A(1),
(b) an application as mentioned in section 116A(4)(a) or (5)(a), or
(c) a request under section 120AC.””
163A: Schedule 9, page 184, line 25, at end insert—
““Part 9A
Trafficking people for exploitation
Children and Young Persons Act 1933
127A In Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons with respect to which special provisions of the Act apply)—
(a) in the first entry relating to the Sexual Offences Act 2003 for ““57”” substitute ““59A””, and
(b) after the second entry relating to the Act of 2003 insert—
““Any offence against a child or young person under section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, or any attempt to commit such an offence.””
Police and Criminal Evidence Act 1984
127B In section 65A of the Police and Criminal Evidence Act 1984 (questioning and treatment of persons by police: meaning of ““qualifying offence””), in subsection (2)(p), for ““59”” substitute ““59A””.
Proceeds of Crime Act 2002
127C In Schedule 2 to the Proceeds of Crime Act 2002 (lifestyle offences: England and Wales), in paragraph 4(2), for ““any of sections 57 to 59”” substitute ““section 59A””.
Criminal Justice Act 2003
127D In Part 2 of Schedule 15 to the Criminal Justice Act 2003 (sentencing of dangerous offenders: specified sexual offences), after paragraph 143, insert—
““143A An offence under section 59A of that Act (trafficking for sexual exploitation).””
Sexual Offences Act 2003
127E (1) The Sexual Offences Act 2003 is amended as follows.
(2) In section 60A (trafficking for sexual exploitation: forfeiture of land vehicle, ship or aircraft), in each of subsections (1) and (5), for ““sections 57 to 59”” substitute ““section 59A””.
(3) In section 60B (trafficking for sexual exploitation: detention of land vehicle, ship or aircraft), in subsection (1), for ““sections 57 to 59”” substitute ““section 59A””.
(4) In Schedule 5 (relevant offences for the purposes of notification and orders), in paragraph 63, for ““59”” substitute ““59A””.
Asylum and Immigration (Treatment of Claimants, etc) Act 2004
127F (1) The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 is amended as follows.
(2) In section 5 (section 4: supplemental)—
(a) in subsection (11) omit ““In so far as section 4 extends to England and Wales,””, and
(b) omit subsections (12) and (13).
(3) In section 14(2)(n) (immigration officers’ powers of arrest) for ““59”” substitute ““59A””.
Serious Crime Act 2007
127G In Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences: England and Wales), in paragraph 2(2), for ““59”” substitute ““59A””.””
Amendments 154 to 163A agreed.
Schedule 9, as amended, agreed.
Schedule 10 : Repeals and revocations
Amendments 164 to 169A
Schedule 10 : Repeals and revocations
Amendments 164 to 169A
Moved by
Protection of Freedoms Bill
Proceeding contribution from
Baroness Stowell of Beeston
(Conservative)
in the House of Lords on Thursday, 12 January 2012.
It occurred during Debate on bills
and
Committee proceeding on Protection of Freedoms Bill.
About this proceeding contribution
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2010-12Chamber / Committee
House of Lords Grand CommitteeSubjects
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