Moved by
Lord Knight of Weymouth
33: After Clause 11, insert the following new Clause—
“Offence of failing to comply with a relevant duty
(1) The provider of a service to whom a relevant duty applies commits an offence if the provider fails to comply with the duty.
(2) In the application of sections 178(2) and 179(5) to an offence under this section (where the offence has been committed with the consent or connivance of an officer of the entity or is attributable to any neglect on the part of an officer of the entity) the references in those provisions to an officer of an entity include references to any person who, at the time of the commission of the offence—
(a) was (within the meaning of section 93) a senior manager of the entity in relation to the activities of the entity in the course of which the offence was committed; or
(b) was a person purporting to act in such a capacity.
(3) A person who commits an offence under this section is liable on conviction on indictment to—
(a) imprisonment for a term not exceeding two years,
(b) a fine, or
(c) both.
(4) The Secretary of State may by regulations amend the sanctions in subsection (3), and such regulations may—
(a) specify the maximum fine under subsection (3)(b), and
(b) implement a scale to apply in cases where there have been repeated breaches of a relevant duty.
(5) In this section, “relevant duty” means a duty provided for by section 11 of this Act.
(6) Regulations under subsection (4) are subject to the affirmative procedure.”
Member’s explanatory statement
This new Clause would make it an offence for the provider of a user-to-service not to comply with the safety duties protecting children set out in Clause 11. Where the offence was committed with the consent or connivance of a provider’s senior manager or other officer, or was attributable to their neglect, that person, as well as the entity, would be guilty of the offence.