Moved by
Baroness Scott of Bybrook
105: Schedule 2, page 259, line 24, leave out “regulations” and insert “order”
Member's explanatory statement
This amendment and the amendments in the name of Baroness Scott of Bybrook at page 259, line 25, page 259, line 27 and page 259, line 28 correct drafting errors, in that references to various kinds of regulations should be references to various kinds of order.
106: Schedule 2, page 259, line 25, leave out “regulations” and insert “order”
Member's explanatory statement
See the explanatory statement for the amendment in the name of Baroness Scott of Bybrook at page 259, line 24.
107: Schedule 2, page 259, line 27, leave out “regulations” and insert “order”
Member's explanatory statement
See the explanatory statement for the amendment in the name of Baroness Scott of Bybrook at page 259, line 24.
108: Schedule 2, page 259, line 28, leave out “regulations” and insert “order”
Member's explanatory statement
See the explanatory statement for the amendment in the name of Baroness Scott of Bybrook at page 259, line 24.
109: Schedule 2, page 259, line 40, leave out “115” and insert “114A”
Member's explanatory statement
This amendment corrects a cross-reference, which should be to section 114A of the Representation of the People Act 1983 rather than to section 115 of that Act.
110: Schedule 2, page 260, line 10, at end insert—
“(3) Until the coming into force of paragraph 6 of Schedule 5 to the Elections Act 2022 (amendment of paragraph 9(1) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 relating to undue influence), sub-paragraph (1) has effect as if paragraph (e) were omitted.”
Member's explanatory statement
This amendment reflects the fact that paragraph (e) of paragraph 8(1) of Schedule 2 matches paragraph (e) of paragraph 9(1) of Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009 as inserted by paragraph 6 of Schedule 5 to the Elections Act 2022, which is not yet in force. It therefore ensures that paragraph 8(1) of Schedule 2 to the Bill tracks paragraph 9(1) of Schedule 5B to the 2009 Act while the amendment to the latter by the 2022 Act is not force.
111: Schedule 2, page 260, line 10, at end insert—
“8A “(1) A person is disqualified for being elected or holding office as the mayor for the area of a CCA if the person is subject to—
(a) any relevant notification requirements, or
(b) a relevant order.
(2) In this paragraph “relevant notification requirements” mean—
(a) the notification requirements of Part 2 of the Sexual Offences Act 2003;
(b) the notification requirements of Part 2 of the Sex Offenders (Jersey) Law 2010;
(c) the notification requirements of Part 2 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013;
(d) the notification requirements of Schedule 1 to the Criminal Justice Act 2001 (an Act of Tynwald: c 4).
(3) In this paragraph “relevant order” means—
(a) a sexual harm prevention order under section 345 of the Sentencing Code;
(b) a sexual harm prevention order under section 103A of the Sexual Offences Act 2003;
(c) a sexual offences prevention order under section 104 of that Act;
(d) a sexual risk order under section 122A of that Act;
(e) a risk of sexual harm order under section 123 of that Act;
(f) a risk of sexual harm order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005;
(g) a sexual risk order under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016;
(h) a restraining order under Article 10 of the Sex Offenders (Jersey) Law 2010;
(i) a child protection order under Article 11 of that Law;
(j) a sexual offences prevention order under section 18 of that Law;
(k) a risk of sexual harm order under section 22 of that Law;
(l) a sexual offences prevention order under section 1 of the Sex Offenders Act 2006 (an Act of Tynwald: c 20);
(m) a risk of sexual harm order under section 5 of that Act.
(4) For the purposes of sub-paragraph (1)(a), a person who is subject to any relevant notification requirements is not to be regarded as disqualified until—
(a) the expiry of the ordinary period allowed for making an appeal or application against the conviction, finding, caution, order or certification in respect of which the person is subject to the relevant notification requirements, or
(b) if such an appeal or application is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.
(5) For the purposes of sub-paragraph (1)(b), a person who is subject to a relevant order is not to be regarded as disqualified until—
(a) the expiry of the ordinary period allowed for making an appeal against the relevant order, or
(b) if such an appeal is made, the date on which it is finally disposed of or abandoned or fails because it is not prosecuted.
(6) This paragraph does not have the effect of disqualifying a person for being elected or holding office as the mayor for the area of a CCA by reason of the person becoming subject to—
(a) any relevant notification requirements, or
(b) a relevant order,
before the day on which this paragraph comes into force.”
Member's explanatory statement
This amendment makes provision for a person to be disqualified from being the mayor of a CCA in certain circumstances. The provisions correspond to the provision made about the mayors of combined authorities by the Local Government (Disqualification) Act 2022.
112: Schedule 2, page 261, line 10, leave out “(2)(a)” and insert “(2)(c)”
Member's explanatory statement
This amendment corrects a cross-reference, which should be to paragraph 11(2)(c) of Schedule 2 to the Bill rather than to paragraph 11(2)(a) of that Schedule.