Moved by
Lord Kamall
313ZA: Schedule 16, page 233, line 2, leave out “(123 or 124” and insert “123, 124, (Offence of carrying out hymenoplasty: England and Wales), (Offence of offering to carry out hymenoplasty: England and Wales) or (Offence of aiding or abetting etc a person to carry out hymenoplasty: England and Wales)”
Member’s explanatory statement
This amendment adds the new England and Wales offences relating to hymenoplasty to section 65A of the Police and Criminal Evidence Act 1984 (qualifying offences for the purposes of Part 5 of that Act).
313ZB: Schedule 16, page 233, line 3, after “virginity testing” insert “and hymenoplasty”
Member’s explanatory statement
This amendment is consequential on the other amendment to paragraph 1 of Schedule 16 that appears in the Minister’s name.
313ZC: Schedule 16, page 233, line 11, leave out “or 132” and insert “, 132, (Offence of carrying out hymenoplasty: Northern Ireland), (Offence of offering to carry out hymenoplasty: Northern Ireland) or (Offence of aiding or abetting etc a person to carry out hymenoplasty: Northern Ireland)”
Member’s explanatory statement
This amendment adds the new Northern Ireland offences relating to hymenoplasty to Article 53A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (qualifying offences for the purposes of Part 6 of that Order).
313ZD: Schedule 16, page 233, line 13, after “virginity testing” insert “and hymenoplasty”
Member’s explanatory statement
This amendment is consequential on the other amendment to paragraph 2 of Schedule 16 that appears in the Minister’s name.
313ZE: Schedule 16, page 233, line 23, at end insert—
“(d) section (Offence of carrying out hymenoplasty: England and Wales) (carrying out hymenoplasty);
(e) section (Offence of offering to carry out hymenoplasty: England and Wales) (offering to carry out hymenoplasty);
(f) section (Offence of aiding or abetting etc a person to carry out hymenoplasty: England and Wales) (aiding or abetting etc a person to carry out hymenoplasty).”
Member’s explanatory statement
This amendment adds the new England and Wales offences relating to hymenoplasty to Schedule 7A to the Criminal Justice and Public Order Act 1994 (offences for which cross-border powers of arrest available).
313ZF: Schedule 16, page 233, line 30, at end insert—
“(d) section (Offence of carrying out hymenoplasty: Scotland) (carrying out hymenoplasty);
(e) section (Offence of offering to carry out hymenoplasty: Scotland) (offering to carry out hymenoplasty);
(f) section (Offence of aiding or abetting etc a person to carry out hymenoplasty: Scotland) (aiding or abetting etc a person to carry out hymenoplasty).”
Member’s explanatory statement
This amendment adds the new Scottish offences relating to hymenoplasty to Schedule 7A to the Criminal Justice and Public Order Act 1994 (offences for which cross-border powers of arrest available).
313ZG: Schedule 16, page 233, line 37, at end insert—
“(d) section (Offence of carrying out hymenoplasty: Northern Ireland) (carrying out hymenoplasty);
(e) section (Offence of offering to carry out hymenoplasty: Northern Ireland) (offering to carry out hymenoplasty);
(f) section (Offence of aiding or abetting etc a person to carry out hymenoplasty: Northern Ireland) (aiding or abetting etc a person to carry out hymenoplasty).”
Member’s explanatory statement
This amendment adds the new Northern Ireland offences relating to hymenoplasty to Schedule 7A to the Criminal Justice and Public Order Act 1994 (offences for which cross- border powers of arrest available).
313ZH: Schedule 16, page 233, line 37, at end insert—
“Criminal Procedure (Scotland) Act 1995
3A_ The Criminal Procedure (Scotland) Act 1995 is amended as follows.
3B_ In section 19A (samples etc. from persons convicted of sexual or violent offences), in the definition of “relevant violent offence” in subsection (6), in paragraph (h), after sub-paragraph (v) insert—
“(vi) section 126, 127, 128, (Offence of carrying out hymenoplasty: Scotland), (Offence of offering to carry out hymenoplasty: Scotland) or (Offence of aiding or abetting etc a person to carry out hymenoplasty: Scotland) of the Health and Care Act 2022 (offences relating to virginity testing and hymenoplasty).”
3C_ In section 271BZA (child witnesses in certain solemn cases: special measures), in subsection (2), after paragraph (f) insert—
“(fa) an offence under section 126, 127, 128, (Offence of carrying out hymenoplasty: Scotland), (Offence of offering to carry out hymenoplasty: Scotland) or (Offence of aiding or abetting etc a person to carry out hymenoplasty: Scotland) of the Health and Care Act 2022 (offences relating to virginity testing and hymenoplasty);”.”
Member’s explanatory statement
This amendment adds the new Scottish offences relating to virginity testing and hymenoplasty to certain provisions of the Criminal Procedure (Scotland) Act 1995.
313ZJ: Schedule 16, page 233, line 42, leave out “or 124” and insert “, 124, (Offence of carrying out hymenoplasty: England and Wales), (Offence of offering to carry out hymenoplasty: England and Wales) or (Offence of aiding or abetting etc a person to carry out hymenoplasty: England and Wales)”
Member’s explanatory statement
This amendment adds the new England and Wales offences relating to hymenoplasty to section 51C of the Crime and Disorder Act 1998 (notices in certain cases involving children).
313ZK: Schedule 16, page 233, line 43, after “virginity testing” insert “and hymenoplasty”
Member’s explanatory statement
This amendment is consequential on the other amendment to paragraph 4 of Schedule 16 that appears in the Minister’s name.
313ZL: Schedule 16, page 234, line 2, at end insert—
“Protection of Vulnerable Groups (Scotland) Act 2007 (asp 2007)
4A_ Pending the commencement of its repeal by section 81(2)(d) of the Disclosure (Scotland) Act 2020, paragraph 2 of Schedule 1 to the Protection of Vulnerable Groups (Scotland) Act 2007 (relevant offences) has effect as if it included a reference to an individual who commits an offence under section 126, 127, 128, (Offence of carrying out hymenoplasty: Scotland), (Offence of offering to carry out hymenoplasty: Scotland) or (Offence of aiding or abetting etc a person to carry out hymenoplasty: Scotland) of this Act (offences relating to virginity testing and hymenoplasty).”
Member’s explanatory statement
This amendment means that the new Scottish offences relating to virginity testing and hymenoplasty will be treated as relevant offences within paragraph 2 of Schedule 1 to the Protection of Vulnerable Groups (Scotland) Act 2007 pending the commencement of the repeal of that Schedule.
313ZM: Schedule 16, page 234, line 12, at end insert—
“(d) section (Offence of carrying out hymenoplasty: England and Wales) (carrying out hymenoplasty);
(e) section (Offence of offering to carry out hymenoplasty: England and Wales) (offering to carry out hymenoplasty);
(f) section (Offence of aiding or abetting etc a person to carry out hymenoplasty: England and Wales) (aiding or abetting etc a person to carry out hymenoplasty).”
Member’s explanatory statement
This amendment adds the new England and Wales offences relating to hymenoplasty to Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply).