Moved by
Baroness Williams of Trafford
81: Clause 36, page 29, line 26, at end insert—
“(za) in a case where the authorised person proposes to exercise the power for a purpose within subsection (2)(a), the authorised person reasonably believes that information stored on the electronic device is relevant to a reasonable line of enquiry which is being, or is to be, pursued by an authorised person,”
Member’s explanatory statement
This amendment has the effect that, to exercise the power in Clause 36(1) for the purposes of preventing etc crime, an authorised person must reasonably believe that information stored on an electronic device is relevant to a reasonable line of enquiry.
82: Clause 36, page 29, line 27, leave out paragraph (a) and insert—
“(a) in a case where the authorised person proposes to exercise the power for a purpose within subsection (2)(b) or (c), the authorised person reasonably believes that information stored on the electronic device is relevant to that purpose,”
Member’s explanatory statement
This amendment is consequential on the amendment in the name of Baroness Williams of Trafford at page 29, line 26.
83: Clause 36, page 29, line 30, at beginning insert “in any case,”
Member’s explanatory statement
This amendment is consequential on the amendment in the name of Baroness Williams of Trafford at page 29, line 26.
84: Clause 36, page 29, line 31, leave out “that purpose” and insert “the purpose within subsection (2) for which the person proposes to exercise the power”
Member’s explanatory statement
This amendment is consequential on the amendment in the name of Baroness Williams of Trafford at page 29, line 26.
85: Clause 36, page 30, line 8, leave out “16” and insert “18”
Member’s explanatory statement
This amendment changes the definition of “adult” for the purposes of Chapter 3 of Part 2 so that it covers a person aged 18 or over.
86: Clause 36, page 30, line 11, leave out “16” and insert “18”
Member’s explanatory statement
This amendment changes the definition of “child” for the purposes of Chapter 3 of Part 2 so that it covers a person aged under 18 rather than a person aged under 16.
87: Clause 36, page 30, line 11, at end insert—
““criminal offence” includes—
(a) a service offence within the meaning of the Armed Forces Act 2006, and
(b) an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/ 1059);”
Member’s explanatory statement
This amendment clarifies that the references in Clause 36(3) to a criminal offence include a service offence under the Armed Forces Act 2006 or under any of the Acts that it replaces.
88: Clause 36, page 30, line 29, after “capacity)” insert “, (Requirements for voluntary provision and agreement)(requirements for voluntary provision and agreement)”
Member’s explanatory statement
This amendment is consequential on the amendment in the name of Baroness Williams of Trafford which inserts a new Clause after Clause 37.