Crime and Policing Act 2026

2K

"(d) after subsection (3) insert- "(4) The Secretary of State must comply with the duty in subsection (A1)(a) and (b) within 6 months of the day on which the Crime and Policing Act 2026 is passed.””

2L

"(c) after subsection (3) insert- "(4) The Secretary of State must comply with the duty in subsection (A1) within 6 months of the day on which the Crime and Policing Act 2026 is passed.""

2H

In paragraph (a), at the end of inserted subsection (A1)(b), insert “, including how such persons can be disincentivised from issuing fixed penalty notices for the purpose of generating any direct or indirect financial benefit. (A2) Any person found to be in breach of the guidance under subsection (A1)(b) may have their designation revoked by the relevant local authority."

2J

In paragraph (a), at the end of inserted subsection (A1), insert “, including how such persons can be disincentivised from issuing fixed penalty notices for the purpose of generating any direct or indirect financial benefit. (A2) Any person found to be in breach of the guidance under subsection (A1) may have their designation revoked by the relevant local authority."

342E

at end insert – "(1A) In making an application under subsection (1) a chief officer of police must provide evidence of how they have complied with guidance under section 180(A1).”

342F

at end insert - "(A1) The Secretary of State must issue guidance to chief officers of police about- (a) matters to be taken into account by chief officers of police before making an application for a youth diversion order, including alternatives to making an application, (b) how chief officers of police are to comply with their duties to consult under section 174, and (c) the circumstances in which it may be appropriate for chief officers of police to consult relevant persons other than those mentioned in section 174, which may include health and education bodies, social services and probation, before making an application for a youth diversion order or the variation or discharge of such an order.”

342G

after “their” insert “other”

439E

After Clause 190, insert the following new Clause- "Proscription status of Iran-related entities: review (1) The Secretary of State must, within one month of the day on which this Act is passed, review whether any organisations related to the Iranian Armed Forces should be proscribed under section 3 of the Terrorism Act 2000 (proscription). (2) The Secretary of State must publish the outcome of the review under subsection (1), and this must include the reasons for the Secretary of State's decision.”

439F

at end insert - "(ca) section (Proscription status of Iran-related entities: review);"

2G

Line 2, leave out from "guidance)” to end of line 5 and insert— "(a) at the beginning insert— "(A1) The Secretary of State must issue— (a) guidance to chief officers of police about the issue of fixed penalty notices under section 52 by officers under their direction or control, and (b) guidance to local authorities about the issue of fixed penalty notices under section 52 by local authorities and persons designated under section 53(1)(c).”; (b) in subsection (1)(a), after "those officers'” insert "other"; (c) in subsection (1)(b)— (i) after "their” insert "other"; (ii) for "those” substitute “other functions”.”

2G

Line 2, leave out from "guidance)" to end of line 5 and insert- "(a) at the beginning insert— "(A1) The Secretary of State must issue guidance to local authorities about the issue of fixed penalty notices under section 68 by persons authorised by local authorities under that section.”; (b) in subsection (1)(a), for "those” substitute "other functions".

11C

Page 17, line 28, leave out “may” and insert “must”

11D

Page 17, line 29, after "about" insert— "(a) the collection by those authorities of evidence to support representations to the court about an order under section 33C (forfeiture of vehicles), and (b) the exercise by authorised officers of their powers under section 34B (search and seizure of vehicles). (1A) The Secretary of State may issue guidance to English waste collection authorities about"

11E

Page 17, line 29, after first "their" insert "other"

11F

Page 17, line 29, leave out "those" and insert "other functions"

342C

Page 215, line 1, at end insert— “(A1) The Secretary of State must issue— (a) matters to be taken into account by chief officers of police before making an application for a youth diversion order, including alternatives to making an application, (b) how chief officers of police are to comply with their duties to consult under section 174, and (c) the circumstances in which it may be appropriate for chief officers of police to consult persons other than those mentioned in section 174 before making an application for a youth diversion order orthe variation or discharge of such an order.”

342D

Page 215, line 3, after “their” insert “other”

439C

Page 223, line 6, at end insert the following new Clause— “Duty to make statement about proscription regime (1) The Secretary of State must lay before Parliament, and publish, a statement about the general policies and procedures of the Secretary of State in relation to the Secretary of State’s powers under section 3 of the Terrorism Act 2000 (power to amend list of proscribed organisations). (2) The Secretary of State must comply with subsection (1) within six months of the day on which this Act is passed.”

439D

Page 232, line 1, at end insert— “(ca) section (Duty to make statement about proscription regime);”

2D

Leave out from “section” in line 3 to end and insert “must include provision setting out how to prevent authorised people or companies from being incentivised to issue fixed penalty notices under section 52 for the purposes of generating any direct or indirect financial benefit"

2E

Leave out from “section” in line 3 to end and insert “must include provision setting out how to prevent authorised people or companies from being incentivised to issue fixed penalty notices under section 68 for the purposes of generating any direct or indirect financial benefit"

257C

In subsection (2), after inserted subsection (3A), insert— “(3AA) A duty to record, collect and publish data on the proportion of content removed within 48 hours under subsection (3A) and then to report this to OFCOM."

257D

In subsection (2), after inserted subsection (3A), insert— “(3AA) In fulfilling their duty under subsection (3A)(b), the provider must take all reasonable steps to identify any other content that is the same, or substantially the same, as the content in the report."

257E

In subsection (5), after inserted subsection (3A), insert — “(3AA) A duty to record, collect and publish data on the proportion of content removed within 48 hours under subsection (3A) and then to report this to OFCOM."

257F

In subsection (5), after inserted subsection (3A), insert— “(3AA) In fulfilling their duty under subsection (3A)(b), the provider must take all reasonable steps to identify any other content that is the same, or substantially the same, as the content in the report."

265D

Line 8, leave out from beginning to ‘and’ in line 11

265E

Line 16, leave out from “that” to end of line 17 and insert “each of the conditions in subsection (1A) was met. (1A) The conditions are — (a) the image portrays, in an explicit and realistic way, a person (A) engaged in sexual activity with another person (B), (b) A and B are real, and (c) at least one of A or B is, or is pretending to be, under 16. (1B) A person is not to be taken as pretending to be under 16 if it is fanciful that they are actually under 16 in the way pretended."

265F

Line 32, leave out from beginning to end of line 33

265G

Line 55, leave out “(1)(b)” and insert “(1A)(a)”

265H

Line 70, leave out “(1)(b)” and insert “(1A)(a)”

339B

After Clause 151, insert the following new Clause— ‘IOPC investigations where officer acquitted (1) The Police Reform Act 2002 is amended in accordance with subsections (2) to (5). (2) In section 13B— (a) in subsection (1), at end insert – “but this is subject to the exception in section 13BA.”; (b) in subsection (2), at beginning, for “The” substitute “Unless the exception in section 13BA applies, the”. (3) After section 13B, insert – “13BA No re-investigation on acquittal for the same conduct (1) Where this section applies, the Director-General may not make a determination under section 13B(2) to re-investigate the complaint, recordable conduct matter or DSI matter. (2) This section applies where – (a) the Director-General, appropriate authority or relevant review body (as the case may be) has made a determination under paragraphs 23(2)(c), 24(2)(b) or 25(4G) of Schedule 3, (b) as a result of the determination mentioned in paragraph (a), the Director of Public Prosecutions has brought criminal proceedings against the relevant person, and (c) the relevant person has been acquitted in those criminal proceedings. (3) The exception in subsection (1) does not apply only if— (a) the relevant authority has come into possession of new and compelling evidence relating to the conduct that was the subject of the investigation, and (b) the relevant authority is of the reasonable opinion that the new evidence would, if considered, be likely to lead to a finding of misconduct or gross misconduct. (4) In subsection (3) – (a) evidence is new if it was not adduced in the proceedings in which the person was acquitted (nor, if those were appeal proceedings, in earlier proceedings to which the appeal related); (b) evidence is compelling if— (i) it is reliable, (ii) it is substantial, and (iii) in the context of the outstanding issues, it appears highly probative of the case against the acquitted person. (5) For the purposes of subsection (4)(b)(iii), the outstanding issues are the issues in dispute in the proceedings in which the person was acquitted and, if those were appeal proceedings, any other issues remaining in dispute from earlier proceedings to which the appeal related. (6) For the purposes of subsection (3), it is irrelevant whether any evidence would have been admissible in earlier proceedings against the acquitted person. (7) In this section— (a) ”relevant person” means the person to whose conduct the investigation related; (b) ”relevant authority” means the Director-General, appropriate authority or relevant review body (as the case may be).” (4) After paragraph 24C of Schedule 3, insert – “Investigation where person acquitted in criminal proceedings 24D(1) This paragraph applies where – (a) an investigation of a complaint, conduct matter or DSI matter (”the index investigation”) under paragraphs 16, 18 or 19 has concluded, (b) the final report has been submitted to the relevant authority under paragraph 22, (c) the relevant authority has made a determination under paragraphs 23(2)(c), 24(2)(b) or 25(4F), (d) as a result of the determination mentioned in sub-paragraph (b), the Director of Public Prosecutions has brought criminal proceedings against the relevant person, and (e) the relevant person has been acquitted in those criminal proceedings. (2) In this paragraph— (a) ”relevant person” means the person to whose conduct the index investigation related; (b) ”relevant authority” means the Director General, appropriate authority or relevant review body (as the case may be). (3) Where this paragraph applies, the relevant authority may not– (a) initiate a new investigation, (b) re-open an investigation, (c) continue an investigation, or (d) order a re-investigation under paragraph 25, against the relevant person in relation to the same complaint, conduct matter or DSI matter that was the subject of the index investigation. (4) Sub-paragraph (3) does not apply only if — (a) the relevant authority has come into possession of new and compelling evidence relating to the conduct that was the subject of the investigation, and (b) the relevant authority is of the reasonable opinion that the new evidence would, if considered, be likely to lead to a finding of misconduct or gross misconduct. (5) In sub-paragraph (4) – (a) evidence is new if it was not adduced in the proceedings in which the person was acquitted (nor, if those were appeal proceedings, in earlier proceedings to which the appeal related); (b) evidence is compelling if – (i) it is reliable, (ii) it is substantial, and (iii) in the context of the outstanding issues, it appears highly probative of the case against the acquitted person; (6) For the purposes of sub-paragraph (4)(b)(iii), the outstanding issues are the issues in dispute in the proceedings in which the person was acquitted and, if those were appeal proceedings, any other issues remaining in dispute from earlier proceedings to which the appeal related. (7) For the purposes of sub-paragraph (4), it is irrelevant whether any evidence would have been admissible in earlier proceedings against the acquitted person.” (5) In paragraph 25— (a) after sub-paragraph (4D) insert— “(4DA) The Director-General may not direct that the complaint be re-investigated under sub-paragraph (4C)(b) if paragraph 24D applies in relation to that investigation.”; (b) after sub-paragraph (4E) insert— “(4EA) The local policing body may not make a recommendation to the appropriate authority that the complaint be re-investigated if paragraph 24D applies in relation to the conduct to which the investigation related.” (6) The Police (Conduct) Regulations 2020 are amended in accordance with subsections (7) to (10). (7) In regulation 23 (referral of case to misconduct proceedings) – (a) in paragraph (3) – (i) in sub-paragraph (b), for “(whatever the outcome of those proceedings)”, substitute ”and the officer concerned has been found guilty”; (ii) before second “regulation” insert “regulation 23A,”; (b) in paragraph (9), after “10(3)” insert ”and regulation 23A”. (8) After regulation 23, insert— “Prohibition on misconduct proceedings where officer has been acquitted 23A. – (1) This regulation applies where— (a) the appropriate authority has made a determination that misconduct proceedings should be brought against the officer concerned under regulation 23(1)(b), (2)(c) or (3), (b) the misconduct proceedings have been suspended by virtue of regulation 10(3), (c) any criminal proceedings have concluded, and (d) the officer concerned has been acquitted in those criminal proceedings. (2) This regulation also applies where – (a) the Director General has given the appropriate authority a direction to bring misconduct proceedings against a person under paragraph 23(5A)(e) of Schedule 3 to the 2002 Act, (b) the appropriate authority has brought misconduct proceedings against the officer concerned in compliance with the direction mentioned in sub-paragraph (a), (c) those misconduct proceedings have been suspended by virtue of regulation 10(3), (d) any criminal proceedings have concluded, and (e) the officer concerned has been acquitted in those criminal proceedings. (3) Where this regulation applies – (a) regulations 23(3) and (9) do not apply, (b) the Director General must withdraw the direction to the appropriate authority to bring misconduct proceedings against the officer concerned, and (c) the appropriate authority must direct that the misconduct proceedings be withdrawn. (4) The Director General must withdraw the direction to bring misconduct proceedings under paragraph (3)(b) as soon as the Director General receives notification that the officer concerned has been acquitted in any criminal proceedings. (5) The appropriate authority must terminate the misconduct proceedings under paragraph (3)(c) as soon as the Director General receives notification that the officer concerned has been acquitted in any criminal proceedings. (6) Paragraph (3) does not apply only if— (a) the appropriate authority or the Director General has come into possession of new and compelling evidence relating to the conduct that was the subject of the investigation, and (b) the appropriate authority or the Director General is of the reasonable opinion that the new evidence would, if considered, be likely to lead to a finding of misconduct or gross misconduct. (7) In paragraph (6) – (a) evidence is new if it was not adduced in the proceedings in which the person was acquitted (nor, if those were appeal proceedings, in earlier proceedings to which the appeal related); (b) evidence is compelling if – (i) it is reliable, (ii) it is substantial, and (iii) in the context of the outstanding issues, it appears highly probative of the case against the acquitted person; (8) For the purposes of sub-paragraph (7)(b)(iii), the outstanding issues are the issues in dispute in the proceedings in which the person was acquitted and, if those were appeal proceedings, any other issues remaining in dispute from earlier proceedings to which the appeal related. (9) For the purposes of paragraph (6), it is irrelevant whether any evidence would have been admissible in earlier proceedings against the acquitted person.” (9) In regulation 49 (referral of case to accelerated misconduct hearing) — (a) in paragraph (3) – (i) in sub-paragraph (b), omit “(whatever the outcome)”, (ii) after ”determination,” insert “subject to regulation 49A”; (b) in paragraph (4), after “10(3)”, insert ”and 49A”. (10) After regulation 49, insert – “Prohibition on referral of case to accelerated hearing where officer acquitted 49A. – (1) This regulation applies where – (a) the appropriate authority has made a determination that is within paragraph (2), (b) the appropriate authority has referred the case to an accelerated misconduct hearing under regulation 49(4) or (7), (c) the accelerated misconduct hearing has been suspended by virtue of regulation 10(3), (d) any criminal proceedings have concluded, and (e) the officer concerned in those criminal proceedings has been acquitted. (2) A determination is within this paragraph if – (a) it is a determination that the special conditions are satisfied under regulation 49(1), or (b) it is a further determination that the special conditions are satisfied under regulation 49(3). (3) Where this regulation applies— (a) regulations 49(3) and (7) do not apply, and (b) the appropriate authority must withdraw the referral of the case to accelerated misconduct proceedings. (4) Paragraph (3) does not apply only if— (a) the appropriate authority has come into possession of new and compelling evidence relating to the conduct that was the subject of the investigation, and (b) the appropriate authority is of the reasonable opinion that the new evidence would, if considered, be likely to lead to a finding of misconduct or gross misconduct. (5) In paragraph (4) – (a) evidence is new if it was not adduced in the proceedings in which the person was acquitted (nor, if those were appeal proceedings, in earlier proceedings to which the appeal related); (b) evidence is compelling if — (i) it is reliable, (ii) it is substantial, and (iii) in the context of the outstanding issues, it appears highly probative of the case against the acquitted person; (6) For the purposes of sub-paragraph (5)(b)(iii), the outstanding issues are the issues in dispute in the proceedings in which the person was acquitted and, if those were appeal proceedings, any other issues remaining in dispute from earlier proceedings to which the appeal related. (7) For the purposes of paragraphs (4) to (6), it is irrelevant whether any evidence would have been admissible in earlier proceedings against the acquitted person.”

2A

Page 12, line 7, leave out “and (4)” and insert "to (5)”

2B

Page 12, line 9, at end insert— "(3A) In section 56 (guidance), after subsection (1) insert— "(1A) Guidance issued under this section may include guidance about the issue of fixed penalty notices under section 52 by authorised persons (within the meaning of section 52(1)).””

2C

Page 12, line 11, at end insert— "(5) In section 73 (guidance), after subsection (1) insert— "(1A) Guidance issued under this section may include guidance about the issue of fixed penalty notices under section 68 by authorised persons (within the meaning of that section).""

10A

Page 18, line 14, at end insert the following new Clause- "Fly-tipping: penalty points on driving record (1) In Part 2 of Schedule 2 to the Road Traffic Offenders Act 1988 (other offences for which penalty points are available), at the end insert— "An offence under section 33 of the Discretionary Obligatory 3-9" Environmental Protection Act 1990 (unauthorised disposal of waste) committed by the driver of a motor vehicle used in or for the purposes of the commission of the offence."

10B

Page 230, line 37, at end insert- "(za) section (Fly-tipping: penalty points on driving record);""

15A

Page 31, line 16, leave out "4" and insert "7"

257A

Page 99, line 24, at end insert the following new Clause- "Taking down intimate image content (1) The Online Safety Act 2023 is amended as follows. (2) In section 10 (regulated user-to-user services: safety duties about illegal content) after subsection (3) insert— "(3A) A duty to operate a service using proportionate systems and processes designed to take down— (a) content in relation to which an intimate image content report is made to the provider (see section 20A(2)), and (b) any other content identified by the provider as the same, or substantially the same, as that content, as soon as reasonably practicable, and no later than 48 hours, after the provider receives the report (unless subsection (3B) applies). (3B) This subsection applies if the provider considers that— (a) the content is not intimate image content, or (b) the person making the report is not— (i) the subject of the content, or (ii) a person acting on that person's behalf.” (3) After section 20 (duty about content reporting) insert— "20A Reporting of intimate image content (1) The duty in section 20(2) includes a duty to operate a service using systems and processes that allow users and affected persons to easily make an intimate image content report to the provider. (2) An "intimate image content report” is a report which— (a) declares that content present on the service is intimate image content, (b) declares that the report is made by— (i) the subject of the content, or (ii) a person acting on that person's behalf, (c) declares that the report— (i) is made in good faith, and (ii) to the best of the knowledge and belief of the person making the report, is true, (d) provides sufficient information about the content for the provider to identify it, (e) provides contact details for the person making the report, and (f) complies with any other requirements specified in regulations made by the Secretary of State. (3) The Secretary of State may by regulations make provision about how the requirements in subsection (2)(a) to (e) are to be met.""

257B

Page 99, line 24, at end insert the following new Clause— "Taking down intimate image content: consequential amendments (1) The Online Safety Act 2023 is amended as follows. (2) In section 10 (regulated user-to-user services: safety duties about illegal content)— (a) in subsection (4) for "and (3)” substitute “to (3A)"; (b) in subsection (5)— (i) the words from "each paragraph” to the end become paragraph (a); (ii) at the end of that paragraph insert ", and (b) subsection (3A)."; (c) in subsection (7) for “subsection (2) or (3)″ substitute “subsections (2) to (3A)". (3) In section 23(5) (record-keeping and review duties) for “or (3)”, in the first place it occurs, substitute “, (3) or (3A)”. (4) In section 27 (regulated search services: safety duties about illegal content)— (a) in subsection (4) for "and (3)" substitute "to (3A)"; (b) in subsection (7) for "subsection (2) or (3)" substitute “subsections (2) to (3A)". (5) In section 34(5) (record-keeping and review duties), for “or (3)”, in the first place it occurs, substitute “, (3) or (3A)”. (6) In section 59(14) (meaning of "illegal content” etc) for “and “priority illegal content"" substitute“, “priority illegal content” and “intimate image content"". (7) In section 71(2)(a)(i) (duty not to take down content except in accordance with terms of service: exceptions) for “or (3)” substitute “, (3) or (3A)”. (8) In section 136(5) (confirmation decisions: proactive technology)— (a) in paragraph (a) for “or (3)” substitute “, (3) or (3A)”; (b) in paragraph (c) for “or (3)" substitute “, (3) or (3A)”. (9) In section 237 (index of defined terms) at the appropriate place insert— "intimate image content (in Part 3) section 59”. (10) In Schedule 4 (codes of practice)— (a) in paragraph 9(1) for “or (3)” substitute “, (3) or (3A)”; (b) in paragraph 9(3) for “or (3)” substitute “, (3) or (3A)”; (c) in paragraph 13(3)(a) for “or (3)” substitute “, (3) or (3A)"; (d) in paragraph 13(3)(c) for “or (3)” substitute “, (3) or (3A)”.”

258A

Page 99, line 24, at end insert the following new Clause- "Image deletion orders (1) The Sentencing Code is amended as follows. (2) In Part 7 (financial orders and orders relating to property), after Chapter 4 insert- "CHAPTER 4A IMAGE DELETION ORDERS 161ZA Image deletion orders (1) In this code “image deletion order” means an order under this Chapter which- (a) is made in respect of an offender for an offence, (b) relates to a photograph or film which is in the offender's possession or under their control, and (c) requires the offender to take steps specified in the order to ensure, so far as is reasonably practicable, that the photograph or film is put beyond use. (2) For the purposes of subsection (1)(c), a photograph or film is put beyond use if- (a) in the case of a physical item, it is destroyed; (b) in the case of data stored by any means by or on behalf of the offender, it is deleted; (c) in the case of content on an internet service, it is removed from the service or permanently hidden. (3) For the purposes of this section— (a) something is "deleted" if it is irrecoverable; (b) "content", in relation to an internet service, has the meaning given by section 236(1) of the Online Safety Act 2023; (c) "internet service” has the meaning given by section 228 of that Act (and section 204(1) of that Act applies). 161ZB Image deletion orders: availability (1) This section applies where a person commits an offence under any of the following provisions of the Sexual Offences Act 2003— (a) section 66AA (sharing semen-defaced image); (b) section 66AA (taking or recording intimate photograph or film); (c) section 66AD (creating a copy of intimate photograph or film shared temporarily); (d) section 66B (sharing or threatening to share intimate photograph or film); (e) section 66E (creating purported intimate image of adult); (f) section 66F (requesting the creation of purported intimate image of adult); (g) section 67A(2B) (recording a person breast-feeding child). (2) This section also applies where a person commits an inchoate offence in relation to an offence specified in subsection (1). (3) The court by or before which the offender is convicted of the offence may make an image deletion order in respect of— (a) a photograph or film to which the offence relates, and (b) any other photograph or film- (i) which shows, or appears to show, a person who is the subject of the photograph or film to which the offence relates in an intimate state, (ii) which is a semen-defaced image of a person who is the subject of the photograph or film to which the offence relates, or (iii) which shows a person who is the subject of the photograph or film to which the offence relates breast-feeding a child. (4) The following provisions of the Sexual Offences Act 2003 apply for the purposes of this section- (a) section 66AA(2) (meaning of “semen-defaced image"); (b) section 66D(5) to (9) (meaning of “showing, or appearing to show, another person in an intimate state"); (c) section 67A(3A) and (3B) (meaning of references to a person breast-feeding a child), ignoring references to the intention of the person who recorded the photograph or film. (5) In relation to an offence under section 66F of the Sexual Offences Act 2003, a photograph or film is a photograph or film to which the offence relates for the purposes of this section if- (a) it appears to be of a person who was the subject of the request to which the offence relates (whether or not it is what was requested), and (b) it was in the offender's possession, or under the offender's control, as a result of that request. (6) An image deletion order is not available if the offence was committed before the day on which section (Image deletion orders) of the Crime and Policing Act 2026 comes into force. 161ZC Period for complying with requirements (1) An image deletion order must specify, in respect of each step the order requires the offender to take, the date by which the step must be taken (and different dates may be specified in respect of different steps). (2) Where the order requires the offender to take a step in relation to a photograph or film that would result in the offender being unable to recover the photograph or film- (a) the order must not require the step to be taken before the end of the period for giving notice of appeal against the conviction or order, and (b) where notice of appeal against the conviction or order is given, the offender is not required to take the step until the appeal is finally determined or withdrawn. 161ZD Offence of failing to comply with an image deletion order (1) It is an offence for a person in respect of whom an image deletion order made under this Chapter is in force to fail without reasonable excuse to comply with any requirement included in the order. (2) A person guilty of an offence under this section is liable- (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates' court, or a fine not exceeding the statutory maximum, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both. 161ZE Image deletion orders: interpretation (1) This section applies for the purposes of this Chapter. (2) "Photograph” includes the negative as well as the positive version. (3) "Film" means a moving image. (4) References to a photograph or film also include— (a) an image, whether made or altered by computer graphics or in any other way, which appears to be a photograph or film, (b) a copy of a photograph, film or image within paragraph (a), and (c) data stored by any means which is capable of conversion into a photograph, film or image within paragraph (a)." (3) In Chapter 5 of Part 3 (duties to explain or give reasons), after section 55 insert— "55A Duty to give reasons where image deletion order not made Where- (a) a court is dealing with an offender for an offence, and (b) an image deletion order is available, the court must give reasons if it does not make an image deletion order in respect of a photograph or film to which the offence relates (see section 161ZB(3)(a)).""

260A

Page 99, line 24, at end insert the following new Clause- "Intimate image material: reporting and registration Schedule (Intimate image material: reporting and registration) makes provision about the reporting and registration of intimate image material.""

260B

Page 228, line 38, after “81,” insert "Schedule (Intimate image material: reporting and registration) (except for paragraph 1),""

260C

Page 230, line 13, at end insert- "(ja) section (Intimate image material reporting and registration) and Schedule (Intimate image material: reporting and registration);""

260D

Page 280, line 23, at end insert the following new Schedule- "SCHEDULE INTIMATE IMAGE MATERIAL: REPORTING AND REGISTRATION PART 1 TRUSTED FLAGGERS Duty to designate trusted flagger 1 (1) The Secretary of State may by regulations designate persons as suitable to make intimate image reports to- (a) providers of internet services, and (b) providers of internet access services, for the purpose of assisting the providers to make judgments about whether content is intimate image content. (2) An intimate image report is- (a) a report that— (i) content identified in the report is a photograph or film which shows, or appears to show, a person (P) in an intimate state, and (ii) P, or a person acting on P's behalf, has informed the person making the report that P does not consent to the sharing of the photograph or film, or (b) a report of information provided to the person making the report by virtue of regulations under paragraph 2. (3) The Secretary of State must exercise the power in sub-paragraph (1) to designate at least one person. (4) The duty in sub-paragraph (3) ceases to apply if Secretary of State makes regulations under paragraph 3. (5) Terms used in sub-paragraph (2)(a) and in section 66B of the Sexual Offences Act 2003 have the same meaning in sub-paragraph (2)(a) as in section 66B. Duties to report intimate image content to trusted flagger 2 (1) The Secretary of State may by regulations amend the Online Safety Act 2023 for, or in connection with, the imposition on providers of regulated services of duties relating to the provision of intimate image information to a person designated under paragraph 1. (2) In this paragraph “intimate image information” means information generated by the provider for the purposes of identifying content which the provider considers to be intimate image content (3) The regulations may require intimate image information to be provided in a particular form (for example, a hash code). (4) The provisions of the Online Safety Act 2023 that may be amended by regulations under this paragraph include, but are not limited to, section 131(2) (enforceable requirements). PART 2 The intimate image register THE INTIMATE IMAGE REGISTER 3 (1) The Secretary of State may by regulations make provision for or in connection with a register of intimate image material (the “intimate image register”). (2) "Intimate image material” means material which— (a) is intimate image content, or (b) would be intimate image content if it were shared on an internet service. (3) In this Part of this Schedule “intimate image content” has the meaning given by section 59 of the Online Safety Act 2023, except that section 59 applies as if subsections (13) and (14) ("intimate image content” on user-to-user services limited to user-generated content) were omitted. The registrar 4 (1) The regulations may provide for the intimate image register to be maintained by- (a) a person specified in the regulations, (b) an individual appointed by the Secretary of State in accordance with the regulations, or (c) the Secretary of State. (2) Regulations under sub-paragraph (1)(b) may make provision about the terms on which an individual is appointed, including provision— (a) for the payment of remuneration, allowances and expenses by the Secretary of State; (b) for staff, accommodation and other facilities to be provided by the Secretary of State. (3) The person who maintains the intimate image register is referred to in this Schedule as the registrar. Operation of intimate image register 5 The regulations may make provision about— (a) the form in which information is to be recorded on the intimate image register (which may in particular include hash codes); (b) how material is to be reported to the registrar; (c) how the registrar is to make judgments about whether material is intimate image material (which may in particular include provision similar to section 192(5) and (6) of the Online Safety Act 2023); (d) how the registrar is to deal with reports that the registrar considers to be frivolous, vexatious or made in bad faith; (e) appeals against decisions of the registrar; (f) the sharing of information on the intimate image register with— (i) providers of internet services and internet access services, and (ii) other persons, for purposes specified in the regulations. Payment of fees to registrar 6 (1) The regulations may require providers of internet services and internet access services to pay fees to the registrar, as a means of recovering the costs incurred by the registrar in exercising functions under the regulations. (2) The regulations may in particular make provision— (a) for fees to be paid in respect of specified periods; (b) for different fees to be payable by different providers. Duties of providers of internet services and internet access services 7 (1) The regulations may make provision for or in connection with imposing on providers of internet services duties relating to- (a) the provision of intimate image information to the registrar; (b) taking down content recorded on the intimate image register; (c) preventing persons from encountering content recorded on the intimate image register. (2) The Secretary of State may by regulations make provision for or in connection with imposing on providers of internet access services duties relating to preventing access to content recorded on the intimate image register. (3) In this paragraph "intimate image information” means information generated by the provider for the purposes of identifying intimate image material. (4) Regulations under sub-paragraph (1)(a) may— (a) make provision about how a provider is to make judgments about whether material is intimate image material (which may in particular include provision similar to section 192(5) and (6) of the Online Safety Act 2023); (b) require intimate image information to be provided in a particular form (for example, a hash code). Enforcement 8 (1) The regulations may make provision for or in connection with the enforcement of requirements imposed on providers of internet services and internet access services (“providers”) by or under the regulations. (2) The regulations may include provision conferring functions on one or more persons specified in the regulations (each of whom is an “enforcement authority"). (3) The persons who may be specified in the regulations include the registrar and the Secretary of State. (4) The functions which may be conferred on an enforcement authority include- (a) powers to require providers to provide information to the enforcement authority; (b) powers to impose monetary penalties on providers for failure to comply with requirements; (c) powers to issue notices (“compliance notices”) requiring providers to take steps specified in the notice for the purposes of complying with, or remedying a failure to comply with, a requirement. (5) If the regulations provide for the imposition of monetary penalties they must provide— (a) that a penalty (or, where more than one penalty is imposed in respect of a failure, those penalties taken together) may not exceed a maximum amount specified in the regulations (which may not be more than £3 million); (b) for the amount of a penalty imposed on a provider to be appropriate and proportionate, having regard to— (i) the failure to comply in respect of which it is imposed; (ii) any penalties previously imposed on the provider in respect of that failure or other failures; (iii) the size and financial resources of the provider. (6) The regulations may provide for requirements imposed by a compliance notice to be enforceable, on the application of the enforcement authority, by injunction. (7) The regulations- (a) must make provision for appeals against the imposition of a monetary penalty and the issue of a compliance notice (if they provide for those things); (b) may make provision for appeals against other decisions of an enforcement authority. Payment of fees to enforcement authority 9 (1) The regulations may require providers of internet services and internet access services to pay fees to enforcement authorities, as a means of recovering the costs incurred by enforcement authorities in exercising their functions under the regulations. (2) The regulations may in particular make provision— (a) for fees to be paid in respect of specified periods; (b) for different fees to be payable by different providers. Guidance 10 The regulations may provide for the issue of guidance by— (a) the registrar; (b) enforcement authorities; (c) the Secretary of State. Duties of OFCOM 11 The regulations may require OFCOM to have regard to the intimate image register when— (a) preparing a code of practice under section 41 of the Online Safety Act 2023; (b) exercising its functions under Article 5(1) of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and retail charges for regulated intra-EU communications and amending Directive 2002/22/EC and Regulation (EU) No 531/2012, and the regulations may amend that Act or that Regulation for or in connection with that purpose. PART 3 INTIMATE IMAGE REGISTER: POWER TO AMEND ONLINE SAFETY ACT 2023 12 (1) The Secretary of State may by regulations amend the Online Safety Act 2023 for or in connection with the imposition on providers of regulated services of duties relating to- (a) the provision of intimate image information to the registrar; (b) taking down content recorded on the intimate image register; (c) preventing persons from encountering content recorded on the intimate image register. (2) In this paragraph "intimate image information” means information generated by the provider for the purposes of identifying intimate image content. (3) Regulations under sub-paragraph (1)(a) may require intimate image information to be provided in a particular form (for example, a hash code). (4) The provisions of the Online Safety Act 2023 that may be amended by regulations under this paragraph include, but are not limited to, section 131(2) (enforceable requirements). PART 4 SUPPLEMENTARY PROVISION Extra-territoriality 13 (1) References in this Schedule to an internet service include an internet service provided from outside the United Kingdom- (a) which has a significant number of United Kingdom users, or (b) one of the target markets of which (or the only target market of which) is United Kingdom users. (2) A user of an internet service is a “United Kingdom user” if— (a) where the user is an individual, the individual is in the United Kingdom; (b) where the user is an entity, the entity is incorporated or formed under the law of any part of the United Kingdom. Interpretation 14 (1) This paragraph applies for the interpretation of this Schedule. (2) The following terms have the same meaning as in the Online Safety Act 2023- "content" (see section 236 of that Act); "internet service” (see section 228 of that Act); "intimate image content” (see section 59 of that Act), except in Part 2 of this Schedule (see paragraph 3(3)); "provider”, in relation to an internet service of any kind (see section 226 of that Act); "regulated service” (see section 4(4) of that Act). (3) "Internet access service” means a service that provides access to virtually all (or just some) end points of the internet. (4) The following terms have the meaning given by the specified provision of this Schedule- enforcement authority paragraph 8 intimate image register paragraph 3 intimate image material paragraph 3 the registrar paragraph 4""

263A

Line 20, leave out from "think" to the end of line 22 and insert "what is set out in subsection (1A) or (1B). (1A) That A and B were related, or pretending to be related, such that A was related to B as parent, grandparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece. (1B) That- (a) A and B were related or had been related, or were pretending to be related or to have been related, such that A was or had been related to B as step-parent, step-child, stepbrother, stepsister, foster parent or foster child, and (b) at least one of A and B was, or was pretending to be, under 18.”

263B

Line 37, leave out inserted paragraph (b)

263C

Line 38, at end insert— "(4A) For the purpose of subsections (1A) and (1B), A and B are not to be taken as pretending to be related if it is fanciful that they actually were or had been related in the way pretended. (4B) In subsection (1A)— (a) "parent” includes an adoptive parent; (b) "child" includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002; (c) "uncle" means the brother of a person's parent, and “aunt” has a corresponding meaning; (d) "nephew” means the child of a person's brother or sister, and "niece” has a corresponding meaning. (4C) In subsection (1B), “step-parent”, “stepbrother”, “stepsister” and “foster parent" have the meanings given by section 27(5) of the Sexual Offences Act 2003; and "step-child” and “foster child” have corresponding meanings.”"

263D

Line 57, leave out "[subsection removed]” and insert "(4B)(a) or (b)"

263E

Line 79, leave out inserted sub-paragraph (iii) and insert— "(iii) the person was not or had not been related to person B or A (as the case may be) in a way mentioned in section 67E(1A) or (1B).”

263F

Line 96, leave out inserted sub-paragraph (iii) and insert— "(iii) the person was not or had not been related to person B or A (as the case may be) in a way mentioned in section 67E(1A) or (1B), and""

263G

Line 137, after “relatives)” insert “in relation to an image showing a person under 18"

264A

Page 99, line 24, at end insert the following new Clause- "Online pornography (age and consent verification): duty to review and report (1) The Secretary of State must conduct a review of the role of providers of internet services in- (a) verifying the age of individuals appearing in pornographic content published or displayed on their services; (b) verifying whether individuals appearing in pornographic content published or displayed on their services consent to the content being published or displayed. (2) The Secretary of State must lay before Parliament, and publish, a report of the review. (3) The Secretary of State must comply with subsections (1) and (2) before the end of the 12 month period beginning with the day on which this Act is passed. (4) In this section the following terms have the same meaning as in the Online Safety Act 2023— "internet service” (see section 228 of that Act); “pornographic content” (see section 236 of that Act); "provider”, in relation to an internet service of any kind (see section 226 of that Act).”"

264B

Page 99, line 24, at end insert the following new Clause- "Online pornography (age and consent verification): power to amend Online Safety Act 2023 (1) The Online Safety Act 2023 is amended as follows. (2) After section 217 insert— “Power to amend Act: pornographic content 217A Power to impose duties about pornographic content (1) The Secretary of State may by regulations amend this Act for or in connection with the imposition, on providers of regulated services or regulated services of a particular kind, of duties relating to— (a) verifying the age of individuals appearing in pornographic content published or displayed on those regulated services ("age verification duties"); (b) verifying whether individuals appearing in pornographic content published or displayed on those regulated services consent to the content being published or displayed (“consent verification duties"). (2) Age verification duties and consent verification duties may include duties relating to the systems and processes used to operate regulated services, or regulated services of a particular kind. (3) Consent verification duties may include duties relating to cases where consent previously given is withdrawn. (4) Regulations under this section may make provision requiring OFCOM to issue guidance to providers of regulated services, or regulated services of a particular kind, to assist them to comply with age verification duties and consent verification duties. (5) The provisions of this Act that may be amended by the regulations in connection with the imposition of age verification duties and consent verification duties include, but are not limited to, section 131(2).” (3) In section 225(1) (regulations subject to affirmative procedure) after paragraph (g) insert— "(ga) regulations under section 217A,”.”"

264C

Page 99, line 24, at end insert the following new Clause- “Online pornography (age and consent verification): power to make regulations (1) The Secretary of State may by regulations make provision for or in connection with the imposition on providers of specified internet services of duties relating to- (a) verifying the age of individuals appearing in pornographic content published or displayed on those internet services (“age verification duties"); (b) verifying whether individuals appearing in pornographic content published or displayed on those internet services consent to the content being published or displayed (“consent verification duties”). (2) Age verification duties and consent verification duties may include duties relating to the systems and processes used to operate specified internet services. (3) Consent verification duties may include duties relating to cases where consent previously given is withdrawn. (4) The regulations may confer functions on— (a) a body established by the regulations, or (b) another body specified in the regulations, (“the regulator”). (5) The regulations may make provision— (a) establishing or modifying the constitutional arrangements of the regulator; (b) establishing or modifying the funding arrangements of the regulator. (6) The functions which may be conferred on the regulator include- (a) powers to, by notice, require providers of specified internet services to provide information to the regulator; (b) powers, in relation to requirements imposed by or under the regulations, corresponding or similar to those conferred on OFCOM by or under Chapter 6 of Part 7 of the Online Safety Act 2023 in relation to enforceable requirements, including provisions conferring power to impose monetary penalties. (7) The provision which may be made under subsection (6)(a) includes provision corresponding or similar to that made in relation to requirements to provide information to OFCOM by— (a) section 109 of the Online Safety Act 2023 (offences in connection with information notices), and (b) section 113 of that Act so far as relating to section 109 (penalties for information offences). (8) If the regulations make provision under subsection (6)(b) corresponding or similar to provision in relation to which an appeal lies under section 168 of the Online Safety Act 2023, they must make corresponding or similar provision for an appeal. (9) The regulations may make provision for appeals against other decisions of the regulator. (10) The regulations may make provision requiring providers of specified internet services to pay fees to the regulator. (11) The provision which may be made under subsection (10) includes provision corresponding or similar to that made in relation to the payment of fees to OFCOM by or under Part 6 of the Online Safety Act 2023. (12) The regulations may make provision requiring the regulator to issue guidance to providers of specified internet services to assist them to comply with age verification duties and consent verification duties. (13) References in this section to an internet service include an internet service provided from outside the United Kingdom- (a) which has a significant number of United Kingdom users, or (b) one of the target markets of which (or the only target market of which) is United Kingdom users. (14) In this section the following terms have the same meaning as in the Online Safety Act 2023— "internet service” (see section 228 of that Act); "pornographic content” (see section 236 of that Act); "provider”, in relation to an internet service of any kind (see section 226 of that Act); "United Kingdom user” (see section 227 of that Act). (15) In this section “specified” means specified, or of a description specified, in the regulations.""

264D

Page 228, line 38, after “81,” insert "(Online pornography (age and consent verification): power to make regulations),""

264E

Page 230, line 13, at end insert- "(ja) sections “(Online pornography (age and consent verification): duty to review and report), (Online pornography (age and consent verification): power to amend Online Safety Act 2023), (Online pornography (age and consent verification): power to make regulations),"""

264F

Page 232, line 7, at end insert- "(ba) sections “(Online pornography (age and consent verification): duty to review and report), (Online pornography (age and consent verification): power to amend Online Safety Act 2023), (Online pornography (age and consent verification): power to make regulations),"""

265A

Page 99, line 24, at end insert the following new Clause— "Pornographic images of sexual activity with child under 16 (1) After section 67G of the Criminal Justice and Immigration Act 2008 insert— "67H Possession or publication of pornographic images of sexual activity with child under 16 (1) It is an offence for a person (P) to be in possession of an image if- (a) the image is pornographic, within the meaning of section 63, (b) the image portrays, in an explicit and realistic way, a person (A) engaged in sexual activity with another person (B), (c) a reasonable person looking at the image would think that A and B were real, and (d) a reasonable person- (i) looking at the image, and (ii) taking into account any sound or information associated with the image, would think that at least one of A or B was, or was pretending to be, under 16. (2) It is an offence for a person to publish an image of the kind mentioned in subsection (1). (3) Publishing an image includes giving or making it available to another person by any means. (4) For the purposes of subsection (1)(d)— (a) the reference to sound or information associated with the image is- (i) when subsection (1)(d) applies for the purpose of an offence under subsection (1), to sound, or information, associated with the image that is in P's possession, and (ii) when subsection (1)(d) applies for the purpose of an offence under subsection (2), to sound, or information, associated with the image that the person in subsection (2) publishes with the image, and (b) a person is not to be taken as pretending to be under 16 if it is fanciful that they are actually under 16 in the way pretended. (5) In this section “image” has the same meaning as in section 63. (6) Subsections (1) and (2) do not apply to excluded images, within the meaning of section 64. (7) Proceedings for an offence under this section may not be instituted except by or with the consent of the Director of Public Prosecutions. 67I Defences to offences under section 67H (1) Where a person is charged with an offence under section 67H(1), it is a defence for the person to prove any of the matters mentioned in subsection (2). (2) The matters are— (a) that the person had a legitimate reason for being in possession of the image concerned; (b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67H(1); (c) that the person— (i) was sent the image concerned without any prior request having been made for it (by or on behalf of the person), and (ii) did not keep it for an unreasonable time; (d) that- (i) the person directly participated in the act portrayed as person A or person B mentioned in section 67H(1)(b), (ii) the act did not involve the infliction of any non-consensual harm on any person, and (iii) neither A nor B was under 16. (3) Where a person is charged with an offence under section 67H(2), it is a defence for the person to prove any of the matters mentioned in subsection (4). (4) The matters are- (a) that the person had a legitimate reason for publishing the image concerned to the persons to whom they published it; (b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67H(1); (c) that- (i) the person directly participated in the act portrayed as person A or person B mentioned in section 67H(1)(b), (ii) the act did not involve the infliction of any non-consensual harm on any person, (iii) neither A nor B was under 16, and (iv) the person only published the image to person B or A (as the case may be). (5) In this section “non-consensual harm” has the same meaning as in section 66. 67J Penalties for offences under section 67H (1) A person who commits an offence under section 67H(1) is liable- (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates' court or a fine (or both); (b) on conviction on indictment, to imprisonment for a term not exceeding three years or a fine (or both). (2) A person who commits an offence under section 67H(2) is liable— (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates' court or a fine (or both); (b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both)." (2) In section 68 of that Act (special rules relating to providers of information society services), after “67E” insert “and 67H". (3) In Schedule 14 to that Act (special rules relating to providers of information society services), in paragraphs 3(1), 4(2) and 5(1) after “67E” insert “or 67H”. (4) In Schedule 34A to the Criminal Justice Act 2003 (child sex offences for the purposes of section 327A), after paragraph 13ZB insert— "13ZC An offence under section 67H of that Act (possession or publication of pornographic images of sexual activity with child under 16) in relation to an image showing a person under 18." (5) In Schedule 7 to the Online Safety Act 2023 (priority offences), in paragraph 29 after paragraph (c) insert— "(d) section 67H (possession or publication of pornographic images of sexual activity with child under 16).""

265B

Page 230, line 13, at end insert- "(ja) section (Pornographic images of sexual activity with child under 16)(5);""

265C

Page 230, line 30, after “(4),” insert “(Pornographic images of sexual activity with child under 16)(2) and (3),”

Line 14, after "another person" insert "or persons"

333A

Page 11, line 29, at end insert- "(5) After section 83 insert- "83A Power of Secretary of State to change maximum duration of closure orders (1) The Secretary of State may by regulations amend this Chapter so as to alter- (a) the maximum period that a closure order under section 80 may specify as the period for which access to the premises is prohibited; (b) the maximum period for which a closure order may be extended under section 82; (c) the maximum duration of a closure order extended under section 82. (2) Regulations under this section may make different provision for different purposes. (3) Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate." (6) In section 182(2) (orders and regulations), after paragraph (b) insert— "(ba) regulations under section 83A,".”

342A

Page 215, line 5, at end insert- "(1A) The guidance may in particular include guidance about- (a) matters to be taken into account by chief officers of police before making an application for a youth diversion order, including alternatives to making an application; (b) how chief officers of police are to comply with their duties to consult under section 174.""

361A

Line 5, leave out "165 (Other pardons for convictions etc of certain abolished offences: England and Wales)" and insert "165A"

361E

Line 7, leave out "165A" and insert "165B"

361C

Line 17, leave out from beginning to "Expressions” in line 20 and insert- "(3) A relevant data controller must delete from relevant official records, so far as reasonably practicable, any details of which they are aware of a conviction, caution, arrest or investigation detailed in subsection (1). (3A) In subsection (3)— (a) "relevant data controller” and “relevant official records" have the same meaning as in section 95 of the Protection of Freedoms Act 2012; (b) "delete", in relation to relevant official records prescribed for the purposes of the definition of "delete" in that section, means record with the details of the conviction, caution, arrest or investigation concerned a statement that the details are to be treated as deleted under this section. (4) Other""

361D

Line 25, leave out ""165" insert "or 165A"" and insert ""165A” insert "or 165B""

Line 26, leave out ""165" insert "or 165A"" and insert ""165A" insert "or 165B""

372A

Page 226, line 21, at end insert the following new Clause- “Section (Power to amend Online Safety Act 2023: AI): duty to make progress report (1) The Secretary of State must, no later than 31 December 2026, lay before Parliament a report about the progress that has been made towards making regulations under section 216A of the Online Safety Act 2023 (power to amend Act in relation to illegal AI-generated content). (2) Subsection (1) does not apply if a draft of a statutory instrument containing regulations under that section is laid before Parliament before 31 December 2026.""

300A

after "another person" insert "or persons"

1

Clause 1, page 9, line 33, at end insert — "(2A) Before issuing or revising guidance under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate. (2B) Subsection (2A) does not apply to revisions that the Secretary of State considers are not substantial. (2C) The requirement in subsection (2A) to consult before issuing guidance may be satisfied by consultation carried out wholly or partly before this section comes into force."

2

Clause 4, page 12, line 11, at end insert – “(5) For the purposes of this section, any authorised person or company issuing fixed penalty notices under the provisions listed in subsection (6) must not receive, directly or indirectly, any financial benefit that is contingent upon– (a) the issuing of a fixed penalty notice, or (b) the number or value of fixed penalty notices issued. (6) The provisions are – (a) section 52, and (b) section 68, of the Anti-social Behaviour, Crime and Policing Act 2014 (fixed penalty notices). (7) For the purposes of subsection (5), a financial benefit includes, but is not limited to-

3

Clause 7, page 16, leave out lines 26 to 29

4

Clause 7, page 16, line 32, at end insert - "(7A) The requirement in subsection (7) may be satisfied by consultation carried out wholly or partly before this section comes into force.”

5

Clause 7, page 17, leave out lines 6 and 7

6

Clause 9, page 17, line 34, at end insert – "(1A) The guidance issued about the enforcement of offences under section 33 must ensure that, where a person is convicted of a relevant offence, they are liable for the costs incurred through loss or damage resulting from the offence. (1B) The guidance must also ensure that it requires the waste regulation authority to engage with the local police force to take all reasonable measures to ensure that the landowner, or community, responsible for the land upon which the relevant offence occurs, is not liable for the costs incurred resulting from the offence."

7

Clause 9, page 17, line 39, at end insert - "(3A) A draft of any guidance or revised guidance proposed to be issued under this section must be laid before each House of Parliament."

8

Clause 9, page 18, line 1, leave out “issuing or revising guidance under this section” and insert "laying draft guidance or revised guidance under subsection (3A)"

9

Clause 9, page 18, leave out lines 4 and 5 and insert- “(5) The Secretary of State must not issue guidance or revised guidance under this section until after the end of the period of 40 days beginning with the day on which the draft was laid before each House of Parliament, or if it was laid on different days, with the later day. (5A) If, within that period, either House of Parliament resolves that the guidance or revised guidance should not be issued, the Secretary of State must not issue it. (5B) In calculating any period of 40 days for the purposes of subsection (5), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days. (5C) The Secretary of State must publish any guidance issued or revised under this section."

10

After Clause 9, insert the following new Clause- "Points on driving licence for fly tipping In section 33(8) of the Environmental Protection Act 1990 (unauthorised disposal of waste: offence), at the end insert- “and in either case is also liable to the endorsement of their driving record with 3 penalty points.''''

11

After Clause 9, insert the following new Clause- “Seizure of vehicles in connection with a fly-tipping offence In section 59 of the Police Reform Act 2002 (vehicles used in manner causing alarm, distress or annoyance), after subsection (1)(b) insert – “(c) is being used or has been used in connection with an offence under section 33 of the Environmental Protection Act 1990 (prohibition on unauthorised or harmful deposit, treatment or disposal of waste),”.”

12

After Clause 9, insert the following new Clause- “Fly tipping: English waste collection authority duty When an offence of fly-tipping has been committed, the local waste authority must collect all waste resulting from the offence committed and then seek to recover the costs from the offender."

13

Clause 24, page 27, line 15, leave out subsections (3) and (4) and insert- "(3) A draft of any guidance proposed to be issued under this section must be laid before each House of Parliament. (4) The Secretary of State must not issue guidance under this section until after the end of the period of 40 days beginning with the day on which the draft was laid before each House of Parliament, or if it was laid on different days, with the later day. (4A) If, within that period, either House of Parliament resolves that the guidance should not be issued, the Secretary of State must not issue it. (4B) In calculating any period of 40 days for the purposes of subsection (4), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days. (4C) The Secretary of State must publish any guidance issued under this section."

14

Clause 24, page 27, line 19, at end insert- "(6) The Secretary of State may revise any guidance issued under this section. (7) Subject to subsection (8), subsections (3) to (5) have effect in relation to any revised guidance. (8) Subsections (3) to (4B) do not apply to revised guidance if the Secretary of State considers that the revisions are not substantial."

15

Clause 27, page 31, line 16, leave out "4" and insert “10”

16

Clause 28, page 32, line 7, leave out “6” and insert “12”

17

Clause 28, page 32, line 8, leave out “level 5 on the standard scale” and insert “the statutory maximum"

18

Clause 28, page 32, line 14, at end insert- "(da) on conviction on indictment in Scotland, to imprisonment for a term not exceeding 2 years or a fine (or both);"

19

Clause 28, page 32, line 20, at end insert- "(ia) in paragraph (b) for “6 months, to a fine not exceeding level 5 on the standard scale” substitute “12 months, to a fine not exceeding the statutory maximum";"

20

Clause 28, page 32, line 24, at end insert "(cb) on conviction on indictment in Scotland, to imprisonment for a term not exceeding 2 years or a fine (or both);"

21

Clause 28, page 32, line 28, after “conviction” insert “in England and Wales"

22

Clause 28, page 32, line 30, at end insert- "(aa) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);"

23

Clause 28, page 32, line 31, after “indictment” insert “in England and Wales"

24

Clause 28, page 32, line 32, at end insert- “(c) on conviction on indictment in Scotland, to imprisonment for a term not exceeding 2 years or a fine (or both)."

25

Clause 28, page 32, line 41, leave out “6” and insert “12”

26

Clause 28, page 32, line 42, leave out “level 4 on the standard scale” and insert “the statutory maximum"

27

Clause 28, page 33, line 3, at end insert- "(d) on conviction on indictment in Scotland, to imprisonment for a term not exceeding 2 years or a fine (or both)."

28

Clause 28, page 33, line 6, at end insert — "(ia) in paragraph (b) for “6 months, to a fine not exceeding level 4 on the standard scale” substitute “12 months, to a fine not exceeding the statutory maximum";"

29

Clause 28, page 33, line 10, at end insert- "(d) on conviction on indictment in Scotland, to imprisonment for a term not exceeding 2 years or a fine (or both)."

30

Clause 31, page 36, line 12, leave out from “seller” to “and” in line 15 and insert “either — (i) obtained from the buyer a copy of an identity document issued to the buyer in a physical form and a photograph of the buyer, or (ii) took such steps to verify the buyer's age as may be prescribed in regulations made by the Secretary of State,”

31

Clause 31, page 36, line 16, leave out “the things obtained under paragraph (a)" and insert "that copy and photograph or those steps”

32

Clause 31, page 36, line 36, at end insert- "(10A) A statutory instrument containing (whether alone or with other provision) regulations under subsection (4)(a)(ii) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament."

33

Clause 31, page 36, line 37, leave out “A” and insert “Any other”

34

After Clause 31, insert the following new Clause- "Remote sale or letting of knives etc: Scotland (1) Section 141C of the Criminal Justice Act 1988 (remote sales and lettings of knives) is amended as follows. (2) For subsection (5) substitute – “(5) Condition A is that, before the sale or letting on hire - (a) the accused either - (i) obtained from the recipient a copy of an identity document issued to the recipient in a physical form and a photograph of the recipient, or (ii) took such steps to verify the recipient's age as may be prescribed in regulations made by the Scottish Ministers, and

35

After Clause 31, insert the following new Clause- "Remote sale of knives etc: Northern Ireland (1) Article 54A of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (remote sale of knives) is amended as follows. (2) For paragraph (4) substitute – "(4) Condition A is that, before the sale - (a) the seller either - (i) obtained from the buyer a copy of an identity document issued to the buyer in a physical form and a photograph of the buyer, or (ii) took such steps to verify the buyer's age as may be prescribed in an order made by the Department of Justice, and (b) on the basis of that copy and photograph or those steps, a reasonable person would have been satisfied that the buyer was aged 18 or over. (4A) For the purposes of paragraph (4) an "identity document" means - (a) a United Kingdom passport (within the meaning of the Immigration Act 1971); (b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation; (c) a licence to drive a motor vehicle granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) or Part 3 of the Road Traffic Act 1988; (d) any other document specified in an order made by the Department of Justice." (3) In paragraph (5)(b), for “a person aged 18 or over” substitute “the buyer”. (4) In paragraph (6), for “a person aged 18 or over” substitute “the buyer”. (5) In paragraph (8), omit “or a person acting on behalf of the buyer”, in both places it occurs. (6) In Article 57 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (rules and orders) – - (a) in paragraph (1) after “54(3)(c)” insert “, 54A(4A)(d)”; (b) in paragraph (2) after “Article” insert “54A(4)(a)(ii) or”.”

36

Clause 32, page 37, line 2, at end insert - - “(1A) In section 38 (delivery of bladed products to residential premises) – (a) omit subsection (4);

37

Clause 32, page 37, line 3, leave out “After section 39 insert” and insert “For section 40 substitute"

38

Clause 32, page 37, line 4, leave out “39A” and insert "40"

39

Clause 32, page 37, line 4, leave out “England and Wales” and insert “or 39”

40

Clause 32, page 37, line 5, leave out “in England and Wales”

41

Clause 32, page 37, line 8, leave out “in England and Wales"

42

Clause 32, page 37, line 17, leave out “in England and Wales"

43

Clause 32, page 37, line 20, at end insert- "(3A) It is a defence for a person charged with an offence under section 39(6) or (6A) to show that the delivery conditions were met. (3B) It is a defence for a person charged with an offence under section 39(6) or (6A) who did not finally deliver the bladed product to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence. (3C) It is a defence for a person charged with an offence under section 39(6A) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a bladed product."

44

Clause 32, page 37, leave out lines 22 to 24 and insert - "(a) the person finally delivering the bladed product- (i) was shown by the person (“P”) into whose hands it was finally delivered an identity document issued to P in a physical form, or (ii) took such steps to verify P's age and identity as may be prescribed in regulations made by the appropriate national authority, and"

45

Clause 32, page 37, line 25, after “document” insert “or those steps”

46

Clause 32, page 37, line 35, leave out from first “a” to end of line 37 and insert "relevant driving licence”

47

Clause 32, page 37, line 39, leave out “Secretary of State” and insert “appropriate national authority"

48

Clause 32, page 37, line 39, at end insert- "(5A) In subsection (5)(c) “relevant driving licence” means – (a) in relation to England and Wales and Northern Ireland, a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (Ν.Ι. 1)); (b) in relation to Scotland, a licence to drive a motor vehicle – (i) granted under Part 3 of the Road Traffic Act 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (Ν.Ι. 1)), or (ii) issued in the form of a photocard by a member State.”

49

Clause 32, page 37, line 40, leave out from beginning to end of line 6 on page 38

50

Clause 32, page 38, line 8, leave out from beginning to end of line 11 on page 39

51

Clause 32, page 39, leave out line 13

52

Clause 32, page 39, line 22, leave out “in England or Wales”

53

Clause 32, page 39, line 25, leave out “in England or Wales”

54

Clause 32, page 40, line 5, leave out “the seller” and insert “they”

55

Clause 32, page 40, leave out lines 8 to 12

56

Clause 32, page 40, line 13, leave out “on summary conviction to a fine” and insert- “(a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale; (c) on summary conviction in Scotland, to a fine not exceeding the statutory maximum; (d) on conviction on indictment in Scotland, to a fine."

57

Clause 32, page 40, leave out lines 21 to 24

58

Clause 32, page 40, line 25, leave out “courier” and insert “contractor”

59

Clause 32, page 40, line 26, leave out “England and Wales"

60

Clause 32, page 40, line 34, leave out “courier”) by which the person" and insert “contractor”) by which the contractor”

61

Clause 32, page 40, line 35, after “seller,” insert “or (ii) to arrange the delivery of bladed products for the seller,”

62

Clause 32, page 40, line 36, leave out “courier” and insert “contractor"

63

Clause 32, page 40, line 37, after “covered” insert “delivering, or arranging"

64

Clause 32, page 40, line 38, leave out “courier” and insert “contractor”

65

Clause 32, page 40, line 38, after "they” insert “or a person acting on their behalf”

66

Clause 32, page 40, line 39, leave out “in England or Wales”

67

Clause 32, page 40, line 39, at end insert- "(2A) A person who acts on the contractor's behalf commits an offence if they, or another person acting on the contractor's behalf, deliver the bladed product to a collection point. (2B) For the purposes of this section, a person acts on the contractor's behalf if the person acts in relation to the bladed product pursuant to a relevant arrangement with- (a) the contractor, or (b) a person who acts on the contractor's behalf. (2C) A "relevant arrangement” is an arrangement entered into before the sale of the bladed product by which the person agreed to deliver, or to arrange for the delivery of, bladed products (whether or not the person was aware that the arrangement covered bladed products)."

68

Clause 32, page 41, line 1, leave out from “when” to “was” in line 2 and insert “they delivered the package containing the bladed product to the collection point or to a person acting on the contractor's behalf, the package”

69

Clause 32, page 41, leave out lines 13 to 17

70

Clause 32, page 41, line 18, leave out “on summary conviction to a fine” and insert - “(a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale; (c) on summary conviction in Scotland, to a fine not exceeding the statutory maximum; (d) on conviction on indictment in Scotland, to a fine.”

71

Clause 32, page 41, leave out lines 21 to 24

72

Clause 32, page 41, leave out line 26

73

Clause 32, page 41, line 33, leave out “in England or Wales”

74

Clause 32, page 42, line 6, leave out “of the collection point"

75

Clause 32, page 42, line 7, leave out from “if” to “into” in line 8 and insert “the operator (or a person acting on behalf of the operator) — (a) gives the bladed product to a person collecting it, but (b) does not give it"

76

Clause 32, page 42, line 10, leave out first “it” and insert “the bladed product"

77

Clause 32, page 42, leave out lines 18 to 20 and insert – "(a) the individual giving the bladed product to the person ("P") collecting it- (i) was shown by P an identity document issued to P in a physical form, or (ii) took such steps to verify P's age and identity as may be prescribed in regulations made by the appropriate national authority, and"

78

Clause 32, page 42, line 21, after “document” insert “or those steps”

79

Clause 32, page 42, leave out lines 28 to 32

80

Clause 32, page 42, line 33, leave out “on summary conviction to a fine" and insert - "(a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale; (c) on summary conviction in Scotland, to a fine not exceeding the statutory maximum; (d) on conviction on indictment in Scotland, to a fine."

81

Clause 32, page 42, line 38, leave out from beginning to end of line 2 on page 43 and insert - "40E Further defences to offences under sections 38 to 40D The appropriate national authority may by regulations provide for other defences for a person charged with an offence under any of sections 38 to 40D."

82

Clause 32, page 43, line 3, leave out subsections (4) to (7)

83

Clause 32, page 44, line 36, at end insert- "(d) in subsection (3), for “40” substitute “40D”; (e) in subsection (4) for “40” substitute “40D”."

84

Clause 32, page 44, line 39, leave out paragraphs (a) to (e) and insert- “(a) in subsection (1) for paragraphs (c) to (e) substitute – "(c) before the sale, the seller entered into an arrangement with a person (“the contractor”) by which the contractor agreed — (i) to deliver bladed articles for the seller, or (ii) to arrange the delivery of bladed articles for the seller, (d) the contractor was aware when they entered into the arrangement with the seller that it covered delivering, or arranging the delivery of, bladed articles, and (e) pursuant to that arrangement, the bladed article is finally delivered by the contractor or a person acting on the contractor's behalf."; (b) omit subsections (2) and (3); (c) for subsections (4) to (9) substitute - "(4) The contractor commits an offence if, when the bladed article is finally delivered by the contractor or a person acting on the contractor's behalf, it is not delivered into the hands of a person who - (a) is aged 18 or over, and (b) if the buyer is an individual, is the buyer. (4A) A person acting on the contractor's behalf commits an offence if – (a) the bladed article is finally delivered by that person or another person acting on the contractor's behalf, and (b) it is not delivered into the hands of a person who – (i) is aged 18 or over, and (ii) if the buyer is an individual, is the buyer. (4B) It is a defence for a person charged with an offence under subsection (4) or (4A) to show that the delivery conditions were met. (4C) It is a defence for a person charged with an offence under subsection (4) or (4A) who did not finally deliver the bladed article to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence. (4D) It is a defence for a person charged with an offence under subsection (4A) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a bladed article.

85

Clause 32, page 45, line 2, at end insert – "(9A) After section 42 insert – "42A Interpretation of sections 38 to 42 (1) This section applies for the interpretation of sections 38 to 42. (2) A person (“A”) is not in the presence of another person (“B”) at any time if- (a) where A is an individual, A or a person acting on behalf of A is not in the presence of B at that time; (b) where A is not an individual, a person acting on behalf of A is not in the presence of B at that time. (3) A person other than an individual— (a) is within the United Kingdom at any time, if the person carries on a business of selling articles of any kind from premises in any part of the United Kingdom at that time; (b) is outside the United Kingdom at any time, if the person does not carry on a business of selling articles of any kind from premises in any part of the United Kingdom at that time. (4) The "appropriate national authority" is - (a) in relation to England and Wales, the Secretary of State; (b) in relation to Scotland, the Scottish Ministers; (c) in relation to Northern Ireland, the Department of Justice in Northern Ireland.

86

Clause 32, page 45, line 3, leave out subsection (10)

87

Clause 32, page 45, line 10, after “39A(5)(d)” insert “made by the Secretary of State”

88

Clause 32, page 45, line 11, at end insert- "(c) in subsection (3) - (i) omit ", 40(10)(c)”; (ii) after “is" insert “, and regulations made by the Scottish Ministers under section 40(5)(d) are,”; (d) in subsection (4) for “40(13)” substitute “40(4)(a)(ii), 40D(8)(a)(ii), 40E”; (e) in subsection (6) after “Act” insert “, except for regulations under section 40(5)(d),"; (f) after subsection (6) insert – "(6A) Regulations made by the Department of Justice under section 40(5)(d) are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954.”

89

Clause 33, page 45, line 15, at end insert- "(2A) After section 1 insert - "1ZA Defence to offence under section 1: England and Wales Except where section 1B applies, it is a defence for a person charged in England and Wales with an offence under section 1 to show that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.". (2B) In section 1A (defences: Scotland) - (a) in subsection (1) – (i) for "It" substitute “Except where section 1B applies, it”; (ii) after "charged” insert “in Scotland”; (b) in subsection (3) for paragraphs (a) to (b) substitute “(a) a United Kingdom passport (within the meaning of the Immigration Act 1971),

90

Clause 33, page 45, line 17, leave out “England and Wales” and insert “remote sales etc”

91

Clause 33, page 45, leave out lines 18 to 20

92

Clause 33, page 45, line 21, leave out “Subsection (3)" and insert “This section"

93

Clause 33, page 45, line 26, leave out from beginning to “that” in line 28 and insert “It is a defence for A to show"

94

Clause 33, page 45, line 31, leave out from “A” to “and” in line 33 and insert “either — (i) obtained from B a copy of an identity document issued to B in a physical form and a photograph of B, or (ii) took such steps to verify B's age as may be prescribed in regulations made by the relevant national authority,"

95

Clause 33, page 45, line 34, leave out “the things obtained under paragraph (a)" and insert "that copy and photograph or those steps”

96

Clause 33, page 46, line 4, leave out from first “a” to end of line 6 and insert “relevant driving licence”

97

Clause 33, page 46, line 8, leave out “Secretary of State” and insert “relevant national authority"

98

Clause 33, page 46, line 8, at end insert- "(5A) In subsection (5)(c) a “relevant driving licence" means -

99

Clause 34, page 46, line 31, leave out “in England or Wales”

100

Clause 34, page 46, line 39, leave out “in England or Wales”

101

Clause 34, page 46, line 40, leave out “in England or Wales”

102

Clause 34, page 47, line 3, leave out “in England or Wales"

103

Clause 34, page 47, line 5, leave out “in England or Wales"

104

Clause 34, page 47, line 11, after “conviction” insert “in England and Wales,"

105

Clause 34, page 47, line 12, at end insert- “(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both); (c) on conviction on indictment in Scotland, to imprisonment for a term not exceeding 6 months or a fine (or both)."

106

Clause 34, page 47, line 34, leave out from “person” to “and” in line 36 and insert “finally delivering the crossbow or part of a crossbow - (i) was shown by the person "(P)” into whose hands it was finally delivered an identity document issued to P in a physical form, or (ii) took such steps to verify P's age and identity as may be prescribed in regulations made by the relevant national authority,"

107

Clause 34, page 47, line 37, after “document” insert “or those steps”

108

Clause 34, page 48, line 5, leave out “Secretary of State” and insert “relevant national authority"

109

Clause 34, page 48, line 7, leave out “delivery business” and insert “contractor”

110

Clause 34, page 48, line 8, leave out “in England or Wales"

111

Clause 34, page 48, line 18, at end insert “or (ii) to arrange the delivery of crossbows or parts of crossbows for A,”

112

Clause 34, page 48, line 20, after “covered” insert “delivering, or arranging"

113

Clause 34, page 48, line 21, after “C” insert “or a person acting on C's behalf”

114

Clause 34, page 48, line 22, leave out “in England or Wales”

115

Clause 34, page 48, leave out lines 24 to 27

116

Clause 34, page 48, line 28, leave out from “when” to “into” in line 30 and insert “the crossbow or part of a crossbow is finally delivered to residential premises by C or a person acting on C's behalf, it is not delivered"

117

Clause 34, page 48, line 34, leave out from “person” to “into” in line 36 and insert “acting on C's behalf commits an offence if - (a) the crossbow or part of a crossbow is finally delivered to residential premises by that person or another person acting on C's behalf, and (b) it is not delivered."

118

Clause 34, page 49, line 2, after “(3)” insert “or (4)”

119

Clause 34, page 49, line 3, at end insert – "(5A) It is a defence for a person charged with an offence under subsection (3) or (4) who did not finally deliver the crossbow or part of a crossbow to

120

Clause 34, page 49, leave out lines 6 and 7

121

Clause 34, page 49, line 9, leave out “the person was delivering” and insert “what was delivered was"

122

Clause 34, page 49, line 10, at end insert- "(6A) For the purposes of this section a person acts on C's behalf if the person acts in relation to the crossbow or part of a crossbow pursuant to a relevant arrangement with- (a) C, or (b) a person who acts on C's behalf. (6B) A "relevant arrangement” is an arrangement entered into before the sale or letting on hire of the crossbow or part of a crossbow by which the person agreed to finally deliver, or to arrange for the final delivery of, crossbows or parts of crossbows (whether or not the person was aware that the arrangement covered crossbows or parts of crossbows)."

123

Clause 34, page 49, line 11, leave out “Secretary of State” and insert “relevant national authority"

124

Clause 34, page 49, line 14, after “conviction” insert “in England and Wales"

125

Clause 34, page 49, line 14, at end insert- “(b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum; (c) on conviction on indictment in Scotland, to a fine."

126

Clause 34, page 49, line 16, leave out “in England or Wales”

127

Clause 34, page 49, line 26, leave out “in England or Wales"

128

Clause 34, page 49, line 28, leave out “in England or Wales”

129

Clause 34, page 50, line 19, after “conviction” insert “in England and Wales”

130

Clause 34, page 50, line 19, at end insert- “(b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum; (c) on conviction on indictment in Scotland, to a fine."

131

Clause 34, page 50, line 29, leave out “Secretary of State” and insert “relevant national authority"

132

Clause 34, page 50, line 31, leave out “delivery business” and insert “contractor"

133

Clause 34, page 50, line 32, leave out “in England or Wales”

134

Clause 34, page 50, line 41, after “A,” insert “or (ii) to arrange the delivery of crossbows or parts of crossbows for A,”

135

Clause 34, page 50, line 43, after “covered” insert “delivering, or arranging"

136

Clause 34, page 51, line 1, leave out “they deliver a” and insert “C or a person acting on C's behalf delivers the"

137

Clause 34, page 51, line 2, leave out “in England or Wales”

138

Clause 34, page 51, line 3, at end insert – "(2A) A person acting on C's behalf commits an offence if, pursuant to the arrangement, that person or another person acting on C's behalf delivers the crossbow or part of a crossbow to a collection point. (2B) For the purposes of this section, a person acts on C's behalf if the person acts in relation to the crossbow or part of a crossbow pursuant to a relevant arrangement with- (a) C, or (b) a person who acts on C's behalf. (2C) A “relevant arrangement” is an arrangement entered into before the sale or letting on hire of the crossbow or part of a crossbow by which the person agreed to deliver, or to arrange for the delivery of, crossbows or parts of crossbows (whether or not the person was aware that the arrangement covered crossbows or parts of crossbows).”

139

Clause 34, page 51, line 6, leave out from “when” to second “was” in line 7 and insert “they delivered the package containing the crossbow or part of a crossbow to the collection point or a person acting on C's behalf, the package"

140

Clause 34, page 51, line 24, after “conviction” insert “in England and Wales"

141

Clause 34, page 51, line 24, at end insert- “(b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum; (c) on conviction on indictment in Scotland, to a fine.”

142

Clause 34, page 51, line 26, leave out “Secretary of State” and insert “relevant national authority"

143

Clause 34, page 51, line 28, leave out “in England or Wales”

144

Clause 34, page 51, line 37, leave out “in England or Wales”

145

Clause 34, page 52, line 8, leave out “of the collection point"

146

Clause 34, page 52, line 9, leave out from “if” to “into” in line 10 and insert "the operator (or a person acting on behalf of the operator) — (a) gives the crossbow or part of a crossbow to a person collecting it, but (b) does not give it"

147

Clause 34, page 52, line 13, leave out first “it” and insert “the crossbow or part of a crossbow"

148

Clause 34, page 52, line 22, leave out from first “the” to “and” in line 24 and insert “individual giving the crossbow of part of a crossbow to the person ("P”) collecting it - (i) was shown by P an identity document issued to P in a physical form, or (ii) took such steps to verify P's age and identity as may be prescribed in regulations made by the relevant national authority,"

149

Clause 34, page 52, line 25, after “document” insert “or those steps”

150

Clause 34, page 52, line 36, after “conviction” insert “in England and Wales”

151

Clause 34, page 52, line 36, at end insert- “(b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum; (c) on conviction on indictment in Scotland, to a fine."

152

Clause 34, page 52, line 40, leave out “Secretary of State” and insert “relevant national authority"

153

Clause 34, page 53, line 1, leave out “delivery business” and insert “contractor"

154

Clause 34, page 53, line 2, leave out “to premises in England and Wales”

155

Clause 34, page 53, line 12, at end insert “or (ii) to arrange the delivery of crossbows or parts of crossbows for A,”

156

Clause 34, page 53, line 14, after “covered” insert “delivering, or arranging"

157

Clause 34, page 53, line 15, after “C” insert “or a person acting on C's behalf"

158

Clause 34, page 53, line 16, leave out “to premises in England or Wales"

159

Clause 34, page 53, leave out lines 17 to 20

160

Clause 34, page 53, line 21, leave out from “when” to “into” in line 23 and insert “the crossbow or part of a crossbow is finally delivered by C or a person acting on C's behalf, it is not delivered"

161

Clause 34, page 53, line 27, leave out from beginning to “into” in line 29 and insert- "(4) A person acting on C's behalf commits an offence if –

162

Clause 34, page 53, line 35, after “conviction” insert “in England and Wales"

163

Clause 34, page 53, line 35, at end insert- “(b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum; (c) on conviction on indictment in Scotland, to a fine."

164

Clause 34, page 53, line 37, after “(3)” insert “or (4)”

165

Clause 34, page 53, line 38, at end insert- "(6A) It is a defence for a person charged with an offence under subsection (3) or (4) who did not finally deliver the crossbow or part of a crossbow to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence.”

166

Clause 34, page 53, leave out lines 41 and 42

167

Clause 34, page 54, line 2, leave out “the person was delivering” and insert “what was delivered was"

168

Clause 34, page 54, line 3, at end insert- "(8) For the purposes of this section a person acts on C's behalf if the person acts in relation to the crossbow or part of a crossbow pursuant to a relevant arrangement with- (a) C, or (b) a person who acts on C's behalf. (9) A “relevant arrangement” is an arrangement entered into before the sale or letting on hire of the crossbow or part of a crossbow by which the person agreed to finally deliver, or to arrange for the final delivery of, crossbows or parts of crossbows (whether or not the person was aware that the arrangement covered crossbows or parts of crossbows)."

169

Clause 35, page 54, line 7, at end insert- "(1A) "Relevant national authority" means - (a) in relation to England and Wales, the Secretary of State; (b) in relation to Scotland, the Scottish Ministers."

170

Clause 35, page 54, line 13, at end insert- "(2A) A person other than an individual – (a) is within the United Kingdom at any time, if the person carries on a business of selling or letting on hire articles of any kind from premises in any part of the United Kingdom at that time; (b) is outside the United Kingdom at any time, if the person does not carry on a business of selling or letting on hire articles of any kind from premises in any part of the United Kingdom at that time.”

171

Clause 35, page 54, line 28, leave out from beginning to “unless” in line 29 and insert "regulations under this Act, other than regulations under section 1B(5)(d),"

172

Clause 35, page 54, line 31, leave out “Any other” and insert “A”

173

Clause 35, page 54, line 32, leave out “this Act” and insert “section 1B(5)(d)”

174

Clause 35, page 54, line 33, at end insert- "(4) Regulations made by the Scottish Ministers under this Act, other than regulations under section 1B(5)(d), are subject to the affirmative procedure. (5) Regulations made by the Scottish Ministers under section 1B(5)(d) are subject to the negative procedure. (6) For the meaning of “affirmative procedure” and “negative procedure” see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)."

175

Clause 35, page 55, line 6, at end insert - "(4) In section 66(2) of that Act (guidance by Scottish Ministers), after paragraph (a) insert - "(aa) any of sections 1 to 3 of the Crossbows Act 1987 as they have effect in relation to Scotland,".”

176

After Clause 35, insert the following new Clause- "Remote sale and letting of crossbows: Northern Ireland (1) The Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)) is amended as follows. (2) In Article 3 omit “, unless he believes him to be eighteen years of age or older and has reasonable ground for the belief”. (3) After Article 3 insert- "Defence to offence under Article 3 3A. Except where Article 3B applies, it is a defence for a person charged with an offence under Article 3 to show that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. Defence to offence under Article 3: remote sales etc 3B. - (1) This Article applies if - (a) a person (“A”) is charged with an offence under Article 3, and (b) A was not in the presence of the person (“B”) to whom the crossbow or part of a crossbow was sold or let on hire at the time of the sale or letting on hire. (2) It is a defence for A to show that the following conditions are met. (3) Condition 1 is that, before the sale or letting on hire – (a) A either - (i) obtained from B a copy of an identity document issued to B in a physical form and a photograph of B, or (ii) took such steps to verify B's age as may be prescribed in regulations made by the Department of Justice, and (b) on the basis of that copy and photograph or those steps, a reasonable person would have been satisfied that B was aged 18 or over. (4) For the purposes of paragraph (3) an “identity document” means - (a) a United Kingdom passport (within the meaning of the Immigration Act 1971); (b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation; (c) a licence to drive a motor vehicle granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) or Part 3 of the Road Traffic Act 1988; (d) any other document specified in regulations made by the Department of Justice.

177

After Clause 35, insert the following new Clause – "Delivery of crossbows: Northern Ireland In the Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (Ν.Ι. 5)), after Article 3B (inserted by section (Remote sale and letting of crossbows: Northern Ireland)) insert - "Offence of seller etc delivering crossbows or parts of crossbows to residential premises 3C. - (1) This Article applies if – (a) a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”), and (b) A and B are not in each other's presence at the time of the sale. (2) A commits an offence if, for the purposes of supplying the crossbow or part of a crossbow to B, A- (a) delivers the crossbow or part of a crossbow to residential premises, or (b) arranges for its delivery to residential premises. (3) A commits an offence if, for the purposes of supplying the crossbow or part of a crossbow to B, A- (a) delivers the crossbow or part of a crossbow to a locker, or (b) arranges for its delivery to a locker. (4) In paragraph (3) “locker” means a lockable container to which the crossbow or part of a crossbow is delivered with a view to its collection by B, or a person acting on B's behalf, in accordance with arrangements made between A and B.

178

After Clause 35, insert the following new Clause – "Sale and delivery of crossbows: Northern Ireland: supplementary provision (1) After Article 31 of the Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)) (inserted by section (Delivery of crossbows: Northern Ireland)) insert- "Interpretation of Articles 3A to 31 3J.-(1) This Article applies for the interpretation of Articles 3A to 31. (2) A person (“A”) is not in the presence of another person (“B”) at any time if – (a) where A is an individual, A or a person acting on behalf of A is not in the presence of B at that time; (b) where A is not an individual, a person acting on behalf of A is not in the presence of B at that time. (3) A person other than an individual - (a) is within the United Kingdom at any time if the person carries on a business of selling or letting on hire articles of any kind from premises in any part of the United Kingdom at that time; (b) is outside the United Kingdom at any time, if the person does not carry on a business of selling or letting on hire articles of any kind from premises in any part of the United Kingdom at that time. (4) “Residential premises” means premises used solely for residential purposes. (5) The circumstances where premises are not residential premises include, in particular, where a person carries on a business from the premises. (6) A person charged with an offence is to be taken to have shown a matter if – (a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and (b) the contrary is not proved beyond reasonable doubt. Power to create other defences by regulations 3K. The Department of Justice may by regulations provide for other defences for a person charged with an offence under any of Articles 3C, 3E, 3F, 3G or 3H.". (2) In Article 8 of the Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (Ν.Ι. 5)) (punishments) — (a) in paragraph (1) for “this Order” substitute “Article 3, 4 or 5”;

179

Clause 36, page 55, line 9, leave out “England and Wales”

180

Clause 36, page 55, line 26, leave out “England or Wales” and insert “the United Kingdom"

181

Clause 36, page 55, line 29, leave out “England or Wales” and insert “the United Kingdom”

182

Clause 36, page 55, line 33, leave out “England or Wales” and insert “the United Kingdom"

183

Clause 36, page 55, line 34, leave out from “seller” to “at” in line 35 and insert “is not in the presence of the person (“the buyer”) to whom the bladed articles are sold”

184

Clause 36, page 55, line 37, leave out from “(5)” to “if” in line 38 and insert “the seller is not in the presence of the buyer at the time of the sale”

185

Clause 36, page 55, line 39, leave out from “where” to end of line and insert “the seller is an individual, the seller or a person acting on the seller's behalf"

186

Clause 36, page 55, line 40, leave out “B” and insert “the buyer”

187

Clause 36, page 56, line 1, leave out from “where” to end of line and insert “the seller is not an individual, a person acting on the seller's behalf”

188

Clause 36, page 56, line 2, leave out “B” and insert “the buyer”

189

Clause 36, page 56, line 3, leave out from “if” to end of line 4 and insert “the buyer"

190

Clause 36, page 56, line 19, leave out from “liable” to end of line 20 and insert- “(a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Scotland, to a fine not exceeding the statutory maximum; (c) on conviction on indictment in Scotland, to a fine.”

191

Clause 36, page 56, leave out line 23

192

Clause 36, page 57, line 4, at end insert – "(17) The Secretary of State must consult the Scottish Ministers before making regulations under this section.”

193

Clause 36, page 57, line 8, after “bulk” insert “as it has effect in relation to”

194

Clause 36, page 57, line 8, at end insert – “(b) in section 66(2) (guidance by Scottish Ministers) after paragraph (d) insert- "(da) section 141D of that Act as it has effect in relation to Scotland,".

195

After Clause 36, insert the following new Clause – "Duty to report remote sale of knives etc in bulk: Northern Ireland (1) The Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) is amended as follows.

196

After Clause 36, insert the following new Clause – "Application of Firearms Acts to sound moderators etc (1) The Firearms Act 1968 is amended as follows. (2) After section 2 insert – "2A Possession of a sound moderator or flash suppressor (1) Subject to any exemption under this Act, it is an offence for a person to have in their possession a relevant accessory unless the person holds a firearm certificate or a shot gun certificate. (2) "Relevant accessory” means an accessory to a firearm to which section 1 applies which is designed or adapted to diminish the noise or flash caused by firing the firearm." (3) In section 57 (interpretation) – (a) in subsection (1) – (i) omit paragraph (d); (ii) in the words after paragraph (d) omit “, and accessories to,”; (b) in subsection (4) - (i) after the definition of “registered” insert- ““relevant accessory” has the meaning given in section 2A;” (ii) in the definition of “shot gun”, omit the words from “and any” to the end. (4) In Schedule 6 (prosecution and punishment of offences) after the entry for section 2(2) insert- "Section 2A Possession of relevant accessory without certificate under this Act Summary A fine of level 3 on the standard scale". (5) Schedule (Sound moderators etc: exemptions) amends the exemptions in the Firearms Act 1968 and the Firearms (Amendment) Act 1988 to the requirement to hold a firearm or shot gun certificate."

197

Clause 40, page 59, line 27, after “person” insert “(D)”

198

Clause 40, page 59, line 27, after “over” insert “who is in a part of the United Kingdom ("the relevant part” of the United Kingdom)”

199

Clause 40, page 59, line 28, leave out paragraphs (a) and (b) and insert— “(a) D engages in conduct towards or in respect of a child (C), and

200

Clause 40, page 60, line 3, at end insert – "(1A) In subsection (1)(a) “offence” means an offence under the law of a part of the United Kingdom."

201

Clause 40, page 60, line 8, leave out paragraph (c) and insert- "(c) a reference to a “part” of the United Kingdom is to- (i) England and Wales, (ii) Scotland, or (iii) Northern Ireland."

202

Clause 41, page 60, line 36, leave out “a person (D) intended to cause a child" and insert "D intended to cause C"

203

Clause 41, page 60, line 37, leave out “the child” and insert “C”

204

Clause 41, page 60, line 39, leave out “a person (D) intended to cause a child" and insert "D intended to cause C"

205

Clause 41, page 60, line 40, after “the” insert “relevant part of the”

206

Clause 41, page 61, line 1, leave out “any part of the United Kingdom" and insert “that part".

207

Clause 41, page 61, line 2, leave out “the child” and insert “C”

208

Clause 41, page 61, line 2, leave out “any part of the United Kingdom" and insert “that part".

209

Clause 41, page 61, line 4, leave out “a person (D) intended to facilitate the causing of a child" and insert "D intended to facilitate the causing of C"

210

Clause 41, page 61, line 7, leave out from “the” to end of line 8 and insert "relevant part of the United Kingdom which would constitute an offence if done in that part,"

211

Clause 41, page 61, line 9, leave out “the child” and insert “C”

212

Clause 41, page 61, line 11, leave out “any” and insert "that"

213

Clause 41, page 61, line 13, leave out from “which” to “amount” in line 14 and insert “would, or which would if done in a part of the United Kingdom,”

214

Clause 41, page 61, line 26, at end insert- "(7) In this section- (a) a reference to C doing an act which would amount to the commission of an offence includes C doing an act which would amount to the commission of the offence if C were aged 10 or over (or, in Scotland, were aged 12 or over); (b) a reference to C doing an act which, if done in a part of the United Kingdom, would amount to the commission of an offence includes C doing an act which would amount to the commission of the offence if (in addition to it being done in that part of the United Kingdom) C were aged 10 or over (or, in Scotland, were aged 12 or over).”

215

Clause 42, page 62, line 5, after “satisfied” insert “on the balance of probabilities”

216

Clause 42, page 62, line 23, leave out “, in England and Wales, under section 40;" and insert “under section 40 (as it has effect in England and Wales), or (ii) doing anything in Scotland or Northern Ireland that would constitute an offence under section 40 (as it has effect in England and Wales) if done in England and Wales;”

217

Clause 42, page 62, line 26, leave out from “anything” to end of line 27 and insert “, in any part of the United Kingdom, that is associated with the doing of anything within paragraph (a)(i) or (ii).”

218

Clause 48, page 65, line 25, leave out from “made” to “giving” in line 28 and insert “— (a) by attending at an appropriate police station and”

219

Clause 48, page 65, line 29, at end insert “, or (b) in a way specified in the CCE prevention order.”

220

Clause 48, page 65, line 29, at end insert- "(5A) An “appropriate police station” is a police station in the police area in which- (a) the defendant's home address is situated, or (b) the court which made the order is situated.”

221

Clause 48, page 65, line 32, leave out “England and Wales” and insert “the United Kingdom"

222

Clause 48, page 65, line 35, leave out “England or Wales” and insert “the United Kingdom"

223

Clause 51, page 68, line 12, leave out “a CCE prevention order” and insert “an order mentioned in subsection (1A)"

224

Clause 51, page 68, line 13, at end insert- "(1A) The orders are – (a) a CCE prevention order; (b) a CCE prevention order under Schedule (CCE prevention orders: Scotland) (CCE prevention orders in Scotland); (c) a CCE prevention order under Schedule (CCE prevention orders: Northern Ireland) (CCE prevention orders in Northern Ireland).”

225

Clause 51, page 68, line 22, leave out “CCE prevention order” and insert “order mentioned in subsection (1A)"

226

Clause 51, page 68, line 30, at end insert- "(6) The Secretary of State may by regulations amend subsection (1A) so as to add to or remove from the list of orders any relevant UK order.

227

Clause 54, page 69, line 36, after “order””, in the first place it occurs, insert “, except in paragraphs (b) and (c) of section 51(1A),”

228

After Clause 55, insert the following new Clause – “CCE prevention orders: Scotland and Northern Ireland Child criminal exploitation prevention orders: Scotland and Northern Ireland (1) Schedule (CCE prevention orders: Scotland) makes provision about child criminal exploitation prevention orders for Scotland. (2) Schedule (CCE prevention orders: Northern Ireland) makes provision about child criminal exploitation prevention orders for Northern Ireland."

229

Clause 57, page 71, line 29, at end insert- "(4A) The circumstances in which A exercises control over B's dwelling include circumstances where - (a) A arranges for another person (C) to exercise control over B's dwelling (including by exercising control over any of the matters mentioned in subsection (4)), and (b) C does exercise that control.”

230

Clause 61, page 75, line 10, at end insert- “(c) CCE prevention orders under Schedule (CCE prevention orders: Northern Ireland)."

231

Clause 63, page 77, line 16, leave out from “person” to end of line 17 and insert – “(a) to make or adapt a thing for use for creating, or facilitating the creation of, CSA images;

232

Clause 63, page 78, line 1, leave out from “image-generator” to end of line 4 and insert "has the meaning given by subsection (1)(b);"

233

Clause 63, page 78, leave out lines 13 to 15 and insert- "(c) "thing" includes a program, information in electronic form and a service.”

234

Clause 63, page 78, line 19, leave out from “person” to “for” in line 20 and insert "did the act which constituted the offence"

235

Clause 63, page 78, line 25, leave out from “and” to “for” in line 26 and insert “did the act which constituted the offence”

236

Clause 63, page 78, line 32, leave out from beginning to “for” in line 33 and insert “did the act which constituted the offence”

237

Clause 63, page 79, line 21, leave out “obtaining actual knowledge” and insert “knowing”

238

Clause 63, page 79, line 34, leave out “the provider had no actual knowledge”

239

Clause 63, page 79, line 35, after “provided” insert “the provider did not know”

240

Clause 63, page 79, line 36, leave out “or” and insert “and”

241

Clause 63, page 79, line 37, leave out “obtaining actual knowledge” and insert “knowing”

242

Clause 63, page 81, line 12, leave out subsections (5) to (8)

243

After Clause 63, insert the following new Clause- "Child sexual abuse image-generators: Northern Ireland (1) In the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (Ν.Ι. 2)), after Article 42 insert - “Creation of CSA material 42A Child sexual abuse image-generators (1) It is an offence for a person – (a) to make or adapt a thing for use for creating, or facilitating the creation of, CSA images; (b) to possess, supply or offer to supply a thing (a“CSA image-generator”) which is made or adapted for use for creating, or facilitating the creation of, CSA images. (2) It is a defence for a person charged with an offence under this Article of possessing a CSA image-generator to prove that the person- (a) was sent the CSA image-generator without any request having been made for it (by or on behalf of the person), and (b) did not keep it for an unreasonable time. (3) It is a defence for a person charged with an offence under this Article of possessing, supplying or offering to supply a CSA image-generator to prove that the person did not know, and did not have cause to suspect, that the thing possessed, supplied or offered to be supplied was a CSA image-generator. (4) For further defences, see Article 42B. (5) A person who commits an offence under this Article is liable - (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both); (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). (6) In this Article – (a) "CSA image-generator” has the meaning given by paragraph (1)(b); (b) “CSA image” means (i) an indecent photograph or pseudo-photograph of a child, within the meaning of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (Ν.Ι. 17)); (ii) a prohibited image of a child, within the meaning of section 62 of the Coroners and Justice Act 2009, that is not an excluded image within the meaning of section 63 of that Act; (c) "thing" includes a program, information in electronic form and a service.

244

After Clause 63, insert the following new Clause – “Child sexual abuse image-generators: Scotland (1) In the Civic Government (Scotland) Act 1982, after section 52C insert – "52D Child sexual abuse image generators (1) It is an offence for a person – (a) to make or adapt a thing for use for creating, or facilitating the creation of, CSA images; (b) to possess, supply or offer to supply a thing (a“CSA image-generator”) which is made or adapted for use for creating, or facilitating the creation of, CSA images. (2) It is a defence for a person charged with an offence under this section of possessing a CSA image-generator to prove that the person— (a) was sent the CSA image-generator without any request having been made for it (by or on behalf of the person), and (b) did not keep it for an unreasonable time. (3) It is a defence for a person charged with an offence under this section of possessing, supplying or offering to supply a CSA image-generator to prove that the person did not know, and did not have cause to suspect, that the thing possessed, supplied or offered to be supplied was a CSA image-generator.

245

After Clause 64, insert the following new Clause – "Possession of advice or guidance about child sexual abuse or CSA images: Scotland (1) In Part 4 of the Sexual Offences (Scotland) Act 2009 after section 41 insert – "41A Possession of advice or guidance about abusing children sexually or creating CSA images (1) It is an offence to be in possession of any item that contains advice or guidance about abusing children sexually or creating CSA images. (2) "Abusing children sexually or creating CSA images” means doing anything that constitutes (a) an offence under section 52 or 52D of the Civic Government (Scotland) Act 1982; (b) an offence under section 1, 2 or 7 of the Criminal Law Consolidation (Scotland) Act 1995 against a person under the age of 18; (c) an offence under section 10 of that Act; (d) an offence under section 1, or any of sections 9 to 12, of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005; (e) an offence under Part 1 or section 46 of the Sexual Offences (Scotland) Act 2009 against a person under the age of 18;

246

After Clause 68, insert the following new Clause – “Sexual offences against children under 16 (1) The Sexual Offences Act 2003 is amended as follows. (2) After section 8 insert- 8A “Rape and other offences against children under 16 Rape of a child under 16 (1) A person aged 18 or over (A) commits an offence if – (a) A intentionally penetrates the vagina, anus or mouth of another person (B) with A’s penis, and (b) either- (i) B is under 16 and A does not reasonably believe that B is 16 or over, or (ii) B is under 13. (2) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life. 8B Assault of a child under 16 by penetration (1) A person aged 18 or over (A) commits an offence if — (a) A intentionally penetrates the vagina or anus of another person (B) with a part of A's body or anything else, (b) the penetration is sexual, and (c) either-

247

Clause 70, page 88, line 21, at end insert- "(ca) an offence under any of sections 8A to 8C of that Act (rape and other offences against children under 16),”

248

Clause 70, page 88, line 40, leave out from “to” to end of line 41 and insert “66B, 67 or 67A of that Act (offences relating to exposure, intimate images and voyeurism),”

249

After Clause 80, insert the following new Clause- "Guidance (1) The Secretary of State may issue guidance about the duty under section 72 to persons who engage in relevant activities. (2) Those persons must have regard to the guidance. (3) Before issuing guidance under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate. (4) The Secretary of State must publish any guidance issued under this section. (5) The Secretary of State may revise any guidance issued under this section. (6) Subsections (2) to (4) apply to revised guidance, except that subsection (3) does not apply if the Secretary of State considers that the revisions are not substantial."

250

Clause 81, page 96, line 20, leave out paragraph (a)

251

Clause 81, page 96, line 22, leave out “add or”

252

Clause 81, page 96, line 24, leave out paragraph (c) and insert — "(c) Part 1 of Schedule 8 (child sex offences); (d) Part 2 of Schedule 8 (further relevant activities) so as to add or change an activity."

253

Clause 82, page 98, leave out lines 3 to 11

254

Clause 84, page 99, line 23, after “to” insert “semen-defaced images,”

255

After Clause 84, insert the following new Clause - “Purported intimate image generators (1) The Sexual Offences Act 2003 is amended as follows.

256

After Clause 84, insert the following new Clause— "Taking down intimate image content (1) The Online Safety Act 2023 is amended as follows. (2) In section 10 (regulated user-to-user services: safety duties about illegal content) after subsection (3) insert— "(3A) A duty to operate a service using proportionate systems and processes designed to take down— (a) content in relation to which an intimate image content report is made to the provider (see section 20A(2)), and (b) any other content identified by the provider as the same, or substantially the same, as that content, as soon as reasonably practicable, and no later than 48 hours, after the provider receives the report (unless subsection (3D) applies). (3B) A duty to record and report the average time taken to take down content under the duty in subsection (3A) to OFCOM and to publish the information publicly."

257

After Clause 84, insert the following new Clause – "Taking down intimate image content: consequential amendments (1) The Online Safety Act 2023 is amended as follows. (2) In section 10 (regulated user-to-user services: safety duties about illegal content) — (a) in subsection (4) for “and (3)" substitute “to (3A)”; (b) in subsection (5) — - (i) the words from “each paragraph" to the end become paragraph (a); (ii) at the end of that paragraph insert “, and (b) subsection (3A).”; (c) in subsection (7) for “subsection (2) or (3)” substitute “subsections (2) to (3A)". (3) In section 23(5) (record-keeping and review duties) for “or (3)”, in the first place it occurs, substitute “, (3) or (3A)”. (4) In section 27 (regulated search services: safety duties about illegal content) — (a) in subsection (4) for “and (3)” substitute “to (3A)”; (b) in subsection (7) for “subsection (2) or (3)” substitute “subsections (2) to (3A)". (5) In section 34(5) (record-keeping and review duties), for “or (3)”, in the first place it occurs, substitute “, (3) or (3A)”. (6) In section 59(14) (meaning of “illegal content” etc) for “and “priority illegal content” substitute “, “priority illegal content” and “intimate image content”. (7) In section 71(2)(a)(i) (duty not to take down content except in accordance with terms of service: exceptions) for “or (3)” substitute “, (3) or (3A)”. (8) In section 136(5) (confirmation decisions: proactive technology) – (a) in paragraph (a) for “or (3)” substitute “, (3) or (3A)”; (b) in paragraph (c) for “or (3)” substitute “, (3) or (3A)”. (9) In section 237 (index of defined terms) at the appropriate place insert— "intimate image content (in Part 3) section 59". (10) In Schedule 4 (codes of practice) — (a) in paragraph 9(1) for “or (3)” substitute “, (3) or (3A)”; (b) in paragraph 9(3) for “or (3)” substitute “, (3) or (3A)”; (c) in paragraph 13(3)(a) for “or (3)” substitute “, (3) or (3A)”.

258

After Clause 84, insert the following new Clause – “Duty to make deprivation and deletion orders (non-consensual intimate images) Where a person is convicted of an offence involving sharing or threatening to share intimate images without consent, as described by sections 66A and 66H of the Sexual Offences Act 2003 (intimate images), the court must- (a) order the destruction of any content used to commit the offence on any device or data store containing such images; (b) order the defendant to disclose any password, key or authenticator necessary to access accounts or devices containing such images; (c) order verified deletion of such images from all locations, including cloud services; (d) direct the prosecutor to lodge a deletion verification report within 28 days."

259

After Clause 84, insert the following new Clause- "Hashing (1) No later than 12 months from the day on which this Act is passed, the Secretary of State must by regulations made by statutory instrument provide for the generation and lawful sharing of hashes of intimate images shared without consent in contravention of section 66B of the Sexual Offences Act 2003 (sharing or threatening to share intimate photograph or film), for the purpose of preventing re-upload, subject to safeguards. (2) The Secretary of State must make the regulations in cooperation with industry standard initiatives (such as StopNCII).”

260

After Clause 84, insert the following new Clause – "Register of intimate images shared without consent (1) No later than 12 months from the day on which this Act is passed, the Secretary of State must by regulations made by statutory instrument establish a statutory Non-Consensual Intimate Image Register for the purpose of preventing access to and dissemination of material shared online in contravention of section 66B of the Sexual Offences Act 2003 (sharing or threatening to share intimate photograph or film) (“NCII material"). (2) The Register must contain hashes of verified NCII material. (3) The Secretary of State must appoint a regulator for the Register to be responsible for oversight, enforcement, and coordination with internet service providers and online platforms. (4) Providers designated by the appointed regulator must use the Register to prevent the re-upload or distribution of NCII material.

261

After Clause 84, insert the following new Clause – "Pornographic images of strangulation or suffocation: England and Wales and Northern Ireland (1) After section 67 of the Criminal Justice and Immigration Act 2008 insert- "67A Possession or publication of pornographic images of strangulation or suffocation (1) It is an offence for a person to be in possession of an image if – (a) the image is pornographic, within the meaning of section 63, (b) the image portrays, in an explicit and realistic way, a person strangling or suffocating another person, and (c) a reasonable person looking at the image would think that the persons were real. (2) It is an offence for a person to publish an image of the kind mentioned in subsection (1). (3) Publishing an image includes giving or making it available to another person by any means. (4) Subsections (1) and (2) do not apply to excluded images, within the meaning of section 64. (5) In this section “image” has the same meaning as in section 63. (6) Proceedings for an offence under this section may not be instituted— (a) in England and Wales, except by or with the consent of the Director of Public Prosecutions; (b) in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland. 67B Defences to offences under section 67A (1) Where a person is charged with an offence under section 67A(1), it is a defence for the person to prove any of the matters mentioned in subsection (2). (2) The matters are (a) that the person had a legitimate reason for being in possession of the image concerned; (b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an image of the kind mentioned in section 67A(1);

262

After Clause 84, insert the following new Clause – "Pornographic images of strangulation or suffocation: Scotland (1) After section 51C of the Civic Government (Scotland) Act 1982 insert- “51D Pornographic images of strangulation or suffocation (1) It is an offence for a person to be in possession of an image if – (a) the image is pornographic, within the meaning of section 51A, (b) the image depicts, in an explicit and realistic way, a person strangling or suffocating another person, and (c) a reasonable person looking at the image would think that the persons were real. (2) It is an offence for a person to publish an image of the kind mentioned in subsection (1). (3) Publishing an image includes giving or making it available to another person by any means.

263

After Clause 84, insert the following new Clause – “Pornographic images of sex between relatives (1) After section 67D of the Criminal Justice and Immigration Act 2008 (inserted by section (Pornographic images of strangulation or suffocation: England and Wales and Northern Ireland) of this Act) insert- "67E Possession or publication of pornographic images of sex between relatives (1) It is an offence for a person (P) to be in possession of an image if – (a) the image is pornographic, within the meaning of section 63, (b) the image portrays, in an explicit and realistic way, a person (A) sexually penetrating- (i) the vagina or anus of another person (B) with a part of A's body or anything else, or (ii) B's mouth with A's penis, (c) a reasonable person looking at the image would think that A and B were real, and (d) a reasonable person- (i) looking at the image, and (ii) taking into account any sound or information associated with the image, would think that A and B were related, or pretending to be related, as defined in section 27 (family relationships) of the Sexual Offences Act 2003.

264

After Clause 84, insert the following new Clause- “Pornographic content: duty to verify age (1) A person commits an offence if they publish or allow or facilitate the publishing of pornographic content online where it has not been verified that— (a) every individual featuring in pornographic content on the platform has given their consent for the content in which they feature to be published or made available by the service,

265

After Clause 84, insert the following new Clause- "Amendment of Protection of Children Act 1978 (1) The Protection of Children Act 1978 is amended as follows. (2) In section 1(1)(a) (indecent photographs of children) after “child” insert “or a person who appears to be or is implied to be a child". (3) In section 7 (interpretation), after subsection (9) insert- "(10) When determining under section 1 whether an indecent photograph or pseudo-photograph is of a person who appears to be or is implied to be a child, reference may be had to- (a) how the image is or was described (whether the description is part of the image itself or otherwise); (b) any sounds accompanying the image; (c) where the image forms an integral part of a narrative constituted by a series of images - (i) any sounds accompanying the series of images, (ii) the context provided by that narrative; (d) the overall context in which the image appears, including but not limited to, the setting, the conduct and appearance of the depicted person or persons, and any other relevant factors.”””

266

After Clause 84, insert the following new Clause – "Obscenity etc offences: technology testing defence (1) The Secretary of State may by regulations provide defences to relevant offences for persons who are authorised by the Secretary of State to carry out technology testing activities. (2) "Technology testing activities” means activities which are carried out in the course of, or in connection with, testing technology for the purposes of – (a) investigating whether it may have been made or adapted for use for creating, or facilitating the creation of, prohibited material, or (b) testing whether it may be used to create, or facilitate the creation of, prohibited material.

267

After Clause 84, insert the following new Clause "Technology testing defence: meaning of “relevant offence” (1) For the purposes of section (Obscenity etc offences: technology testing defence) “relevant offence" means— (a) an offence listed in subsection (2), (b) an offence listed in subsection (3) (Scotland), and (c) an offence listed in subsection (4) (Northern Ireland). (2) The offences referred to in subsection (1)(a) are offences under any of the following provisions- Act Provision Obscene Publications Act 1959 Section 2 (publication of obscene article) Protection of Children Act 1978 Section 1(1)(a), (b) or (c) (indecent photographs of children) Criminal Justice Act 1988 Section 160(1) (indecent photographs of children) Communications Act 2003 Section 127(1) (sending indecent messages via public electronic communications network)

268

After Clause 85, insert the following new Clause- "Sexual activity with an animal (1) The Sexual Offences Act 2003 is amended in accordance with subsections (2) to (5).

269

Clause 86, page 100, line 25, leave out “paragraph 35” and insert “paragraphs 35 and 92”

270

After Clause 86, insert the following new Clause- "Disregarding convictions and cautions for loitering or soliciting when under 18 (1) Part 5 of the Protection of Freedoms Act 2012 is amended as follows. (2) In the heading of Chapter 4, omit “for buggery etc." (3) For the italic heading before section 92, substitute “Sexual activity between persons of the same sex".

271

After Clause 86, insert the following new Clause – "Pardons for convictions and cautions for loitering or soliciting when under 18 (1) The Policing and Crime Act 2017 is amended as follows. (2) After section 165 insert - "165A Pardons for convictions etc for loitering or soliciting when under 18: England and Wales (1) Subsection (2) applies in respect of a person (whether living or deceased) who-"

272

Clause 89, page 104, line 17, after “46,” insert “46A,”

273

Clause 89, page 104, line 21, leave out “920” and insert “92OA”

274

Clause 94, page 120, line 20, leave out “driving licence” and insert “licence to drive a motor vehicle under Part 3 of the Road Traffic Act 1988”

275

Clause 94, page 121, leave out lines 4 to 8

276

Clause 94, page 121, leave out lines 12 to 14

277

Clause 94, page 121, line 16, at end insert “or under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1))”

278

Clause 94, page 121, line 16, at end insert- ““section 93B relevant offender” means a relevant offender who is subject to the restriction in section 93B(1);

279

Clause 94, page 121, line 17, at end insert- "(3) After section 931 of the Sexual Offences Act 2003 (inserted by subsection (2)) insert - "93J Restriction on granting replacement driving licences in new name (Northern Ireland) (1) The Department for Infrastructure in Northern Ireland (“the Department") may by regulations make provision to prevent a person from being granted a licence to drive a motor vehicle under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (a “replacement licence”) if — (a) the person holds, or has held, a driving licence, (b) the name to be specified in the replacement licence (“the new name") is different from the name specified in the driving licence most recently granted to the person, and (c) it appears to the Department, on the basis of information provided by the Chief Constable of the Police Service of Northern Ireland (“the Chief Constable”), that the person is a section 93B relevant offender who was not authorised to apply for a driving licence in the new name. (2) The regulations may, in particular, include provision for authorising or requiring- (a) the Chief Constable to disclose specified information to the Department, and (b) the Department to disclose specified information to the Chief Constable, where the disclosure falls within subsection (3). (3) A disclosure falls within this subsection if it is made— (a) for the purposes of enabling the Department or the Chief Constable to carry out their functions under or by virtue of the regulations, or (b) in connection with the detection or investigation of an offence under section 93B(3). (4) The regulations may, in particular, make provision about how the Department or the Chief Constable may or must use information disclosed to them by virtue of subsection (2). (5) The regulations may include provision amending Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)). (6) In this section– "driving licence” means a licence to drive a motor vehicle granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) or under Part 3 of the Road Traffic Act 1988; "section 93B relevant offender" means a relevant offender who is subject to the restriction in section 93B(1); "specified" means specified in regulations under this section.""

280

Clause 97, page 122, line 31, at end insert- "(b) in subsection (1), after “satisfied” insert “on the balance of probabilities"; (c) in subsection (2), after “satisfied” insert “on the balance of probabilities”."

281

Clause 97, page 123, line 10, after “satisfied” insert “on the balance of probabilities”

282

Clause 97, page 123, line 17, after “(4)” insert – “(i) in paragraph (a), after “satisfied” insert “on the balance of probabilities"; (ii)"

283

Clause 97, page 124, line 14, at end insert- "(za) in subsection (1)(a) after “order” insert “by a magistrates' court, a youth court or the Crown Court”"

284

Clause 97, page 124, line 20, at end insert- "(3B) An appeal under subsection (1), (2) or (3) to the Court of Appeal may be made only with the permission of that court."

285

Clause 97, page 124, line 26, after “appeal” insert “under this section”

286

Clause 97, page 124, line 29, after “appeal” insert “under this section”

287

Clause 98, page 125, line 30, after “satisfied” insert “on the balance of probabilities”

288

Clause 98, page 126, line 2, after “satisfied” insert “on the balance of probabilities”

289

Clause 98, page 127, line 6, after “satisfied” insert “on the balance of probabilities”

290

Clause 98, page 127, line 20, leave out from “by” to “a” in line 23

291

Clause 98, page 127, line 35, at end insert- "(c) where the order was made by any other court, the Crown Court;"

292

Clause 98, page 128, line 28, at end insert- "(3A) An appeal under subsection (2) to the Court of Appeal may be made only with the permission of that court."

293

After Clause 98, insert the following new Clause – "Stalking protection orders: Northern Ireland (1) The Protection from Stalking Act (Northern Ireland) 2022 (c. 17 (N.I.)) is amended as follows. (2) In section 6 (meaning of act associated with stalking and risk associated with stalking), in subsection (1) for “7” substitute “6A”. (3) After section 6 insert- "Meaning of “stalking protection order" 6A. - (1) In this Act “stalking protection order” means an order under this Act which, for the purpose of preventing a person from carrying out acts associated with stalking- (a) prohibits the person from doing anything described in the order, or (b) requires the person to do anything described in the order. (2) This Act provides for the making of a stalking protection order – (a) on an application under section 7, or (b) where a person is acquitted of an offence, successfully appeals against a conviction for an offence, is dealt with in respect of certain findings or is convicted of an offence (see section 8(1)).” (4) In section 7 (applications for orders) omit subsection (1). (5) In section 8 (power to make orders) (a) for subsection (1) substitute – "(1) This section applies in respect of a person (“D”) where (a) the Chief Constable has applied under section 7 to a court of summary jurisdiction for a stalking protection order against D, (b) D is acquitted of an offence by or before a court, (c) a court allows D's appeal against a conviction for an offence, (d) a court deals with D in respect of a finding that- (i) D is not guilty of an offence by reason of insanity, or (ii) D is under a disability and has done the act charged against D in respect of an offence, or (e) D has been convicted of an offence and a court deals with D for the offence."; (b) in subsection (2), in the words before paragraph (a) – (i) for "the order” substitute “a stalking protection order"; (ii) after "satisfied” insert “on the balance of probabilities”; (c) in subsection (3), after “satisfied” insert “on the balance of probabilities”. (6) In section 10 (variations, renewals and discharges) — (a) in subsection (1), for “a court of summary jurisdiction” substitute “an appropriate court"; (b) in subsection (3)(a), after “satisfied” insert “on the balance of probabilities”; (c) after subsection (3) insert – "(4) In subsection (1) “appropriate court” means (a) where the stalking protection order was made by a court of summary jurisdiction other than a youth court, a court of summary jurisdiction which is not a youth court; (b) where the stalking protection order was made by a youth court – (i) if the defendant is under the age of 18 when the application for variation, renewal or discharge is made, a youth court; (ii) if the defendant is aged 18 or over at the time the application for variation, renewal or discharge is made, a court of summary jurisdiction which is not a youth court; (c) where the stalking protection order was made by any other court, the Crown Court. (5) For the purposes of subsection (4) – (a) a stalking protection order made by a court on an appeal is to be treated as made by the court whose decision was appealed against; (b) a stalking protection order that is confirmed, varied or renewed on an appeal remains an order of the court that first made it (or, if it was made on an appeal, the court that is treated as having made it under paragraph (a)).” (7) In section 11 (interim stalking protection orders), in subsection (2), after "application" in the first place it occurs insert “under section 7". (8) In section 12 (procedure) – (a) after subsection (3) insert – "(3A) An application to the Crown Court under section 10 is to be made in accordance with Crown Court rules."; (b) in subsection (5) omit “10 or”. (9) After section 12 insert – "Appeals 12A.-(1) Where a stalking protection order is made in the circumstances mentioned in section 8(1)(b), (c) or (d), D may appeal against the making of the order as if - (a) D had been convicted of the offence and, (b) the order were a sentence passed on D for the offence by the court which made the order, (if an appeal would lie against such a sentence). (2) Where a stalking protection order is made in the circumstances mentioned in section 8(1)(e), D may appeal against the making of the order as if the order were a sentence passed on D for the offence by the court which made the order (if an appeal would lie against such a sentence). (3) The following may appeal against a decision under section 10 made by the Crown Court - (a) the person against whom the stalking protection order in question was made; (b) the Chief Constable. (4) An appeal under subsection (3) is to be made to the Court of Appeal, and may be made only with the permission of that court. (5) On an appeal under this section, the court may make - (a) such orders as may be necessary to give effect to its determination of the appeal, and (b) such incidental or consequential orders as appear to it to be appropriate. (6) For appeals against decisions of a court of summary jurisdiction on an application under section 7, 10 or 11, see Article 143 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26) (appeal to county court against proceedings on complaint).” (10) In section 21 (interpretation) – (a) in the definition of “stalking protection order”, for “section 7(1)” substitute "section 6A(1)"; (b) at the end insert- ““youth court” has the meaning given by section 12.” (11) In section 20(3) (report on the operation of Act) (a) in paragraph (b) omit “and the number of orders made under section 8"; (b) after paragraph (b) insert — "(ba) the number of stalking protection orders made under each paragraph of section 8(1);”.”"

294

Clause 99, page 130, line 9, leave out “may” and insert “must”

295

After Clause 100, insert the following new Clause – "Guidance about disclosure of information by police: Northern Ireland In the Protection from Stalking Act (Northern Ireland) 2022 (c. 17 (N.I.)), in section 17- (a) in subsection (2) for “this section” substitute “subsection (1)"; (b) after subsection (2) insert – "(2A) The Department must issue guidance to the Chief Constable about the disclosure of police information for the purpose of protecting persons from risks associated with stalking. (2B) The Chief Constable must have regard to guidance issued under subsection (2A)."; (c) in subsection (3) for “subsection (1)” substitute “this section”."

296

After Clause 104, insert the following new Clause – "Child abduction: Northern Ireland (1) The Child Abduction (Northern Ireland) Order 1985 (S.I. 1985/1638 (N.I. 17)) is amended as set out in subsections (2) and (3). (2) In Article 3 (offence of abduction of child by parent etc) — (a) after paragraph (1) insert - "(1A) Subject to paragraphs (2A) to (3A) and (7), a person connected with a child under the age of 16 commits an offence if — (a) the child is taken or sent out of the United Kingdom with the appropriate consent, and (b) at any time after the child is taken or sent, the person detains the child outside the United Kingdom without the appropriate consent."; (b) in paragraph (2A) – (i) in the words before sub-paragraph (a), after “United Kingdom” insert “, or by detaining a child outside the United Kingdom,”; (ii) in sub-paragraph (b) (before its substitution by paragraph 4(3) of Schedule 3 to the 2022 Act), after “United Kingdom” insert “, or detains the child outside the United Kingdom,”; (iii) in each of sub-paragraphs (a) and (b) (as substituted by paragraph 4(3) of Schedule 3 to the 2022 Act), after “United Kingdom" insert ", or detains the child outside the United Kingdom,"; (c) in paragraph (2B), after “United Kingdom” insert “, or detaining the child outside the United Kingdom,”; (d) in paragraph (3A), in paragraph (b) after “out of the United Kingdom” insert “, or detaining the child outside the United Kingdom,”. (3) In the Schedule (modifications of Article 3 for children in certain cases), in each of the following provisions after “paragraph (1)” insert “or (1A)” – (a) paragraph 1(2)(a); (b) paragraph 3(2)(a) (before its substitution by paragraph 5(2) of Schedule 3 to the 2022 Act); (c) paragraph 3(2)(a) (as substituted by paragraph 5(2) of Schedule 3 to the 2022 Act); (d) paragraph 4(2)(a). (4) The amendments made by this section apply only in cases where the taking or sending of the child out of the United Kingdom takes place on or after the date on which this section comes into force. (5) In this section “the 2022 Act” means the Adoption and Children Act (Northern Ireland) 2022 (c. 18 (N.I.)).”

297

After Clause 105, insert the following new Clause- "Safeguarding vulnerable groups: regulated activity (Northern Ireland) (1) Schedule 2 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) (regulated activity) is amended as follows. (2) In paragraph 1 omit- (a) in sub-paragraph (2A)(b), the words “(disregarding paragraph 2(3A) and (3B)(b))"; (b) in sub-paragraph (2B) - (i) in paragraph (a)(ii), the words “(disregarding paragraph 2(3A) and (3B)(b))"; (ii) paragraph (b) and the “or” immediately before it; (c) sub-paragraph (2C); (d) sub-paragraph (13). (3) In paragraph 2 omit- (a) sub-paragraph (3A); (b) in sub-paragraph (3B), paragraph (b) and the “and” immediately before it; (c) sub-paragraph (3C). (4) Omit paragraph 5A and the italic heading before it."

298

After Clause 106, insert the following new Clause- "Domestic abuse protection orders (1) The Domestic Abuse Act 2021 is amended as follows. (2) In section 35 (provision that may be made by orders), after subsection (5) insert – "(5A) A domestic abuse protection order may require P to participate in an assessment to determine whether P should be required to participate in a programme of activities. (5B) A domestic abuse protection order may provide that if, following an assessment required under subsection (5A), the person carrying out the assessment determines that P should participate in a programme of activities, then P is required to participate in that programme of activities.”. (3) In section 36 (further provision about requirements that may be imposed by orders), omit subsections (2) to (7). (4) In section 44 (variation and discharge of orders), after subsection (3) insert – "(3A) A magistrates' court may of its own motion vary a domestic abuse protection order made by a magistrates' court acting in the local justice area in which that court acts. (3B) The Crown Court may of its own motion vary a domestic abuse protection order made by the Crown Court.”””

299

After Clause 106, insert the following new Clause- "Guidance about honour-based abuse (1) The Secretary of State may issue guidance about honour-based abuse to such public authorities as the Secretary of State considers appropriate. (2) Guidance under this section may include guidance about- (a) the prevention of honour-based abuse; (b) the identification of honour-based abuse; (c) the collection and sharing of information about honour-based abuse; (d) how public authorities should work together in relation to honour-based abuse. (3) Before issuing guidance under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate. (4) A public authority to which guidance under this section is given must have regard to the guidance when exercising its public functions. (5) The Secretary of State must publish the guidance. (6) The Secretary of State may revise the guidance."

300

After Clause 106, insert the following new Clause – "Meaning of “honour-based abuse" (1) For the purposes of section (Guidance about honour-based abuse) “honour-based abuse" occurs where - (a) a person (“A”) engages in abusive behaviour towards another person (“B”) who is a member of A's family or is a relevant connection of A, and (b) A is motivated wholly or partly by A's perception that B has behaved, is behaving or may behave in a way which- (i) shames or dishonours A, B, A's family, B's family or A's community, and (ii) does not comply with the accepted norms of behaviour in A's community. (2) The reference to A engaging in abusive behaviour towards B includes A causing another person to engage in abusive behaviour towards B. (3) A person's behaviour may be behaviour “towards” B despite the fact that it consists of conduct directed to another person (for example, B's child). (4) Behaviour is “abusive” if it consists of - (a) physical or sexual abuse, (b) violent or threatening behaviour, (c) controlling or coercive behaviour, (d) economic abuse (see subsection (5)), (e) spiritual abuse, (f) psychological or emotional abuse, or (g) other abuse, and it does not matter whether the behaviour consists of a single incident or a course of conduct. (5) "Economic abuse” means any behaviour that has a substantial adverse effect on B's ability to - (a) acquire, use or maintain money or other property, or (b) obtain goods or services. (6) A person is a member of another person's family if any of the following applies - (a) they are relatives, (b) they are, or have been, married to each other, (c) they are, or have been, civil partners of each other, (d) they have agreed to marry one another (whether or not the agreement has been terminated), (e) they have entered into a civil partnership agreement (whether or not the agreement has been terminated), (f) they are, or have been, in an intimate relationship with each other, or (g) they each have, or there has been a time when they each have had, a parental relationship in relation to the same child, (and references to a person's family are to be read accordingly). (7) A person is a relevant connection of another person if they are friends or acquaintances who are known to each other in person. (8) For the purposes of subsection (6)(g) a person has a parental relationship in relation to a child if - (a) the person is a parent of the child, or (b) the person has parental responsibility for the child. (9) In this section – "child" means a person under the age of 18 years; "civil partnership agreement” has the meaning given by section 73 of the Civil Partnership Act 2004; “parental responsibility” has the same meaning as in the Children Act 1989 (see section 3 of that Act); “relative” has the meaning given by section 63(1) of the Family Law Act 1996.".

301

After Clause 106, insert the following new Clause- “Aggravated offences (1) The Crime and Disorder Act 1998 is amended as follows. (2) For section 28 substitute - "28 Meaning of "aggravated” (1) For the purposes of sections 29 to 32 an offence is aggravated if it is aggravated by - (a) racial hostility, (b) religious hostility, (c) hostility related to disability, (d) hostility related to sexual orientation, or (e) hostility related to transgender identity. (2) For the purposes of the following provisions an offence is aggravated if it is aggravated by hostility related to sex - (a) section 29, (b) section 30, (c) section 31(1)(a) and (c), and (d) section 32. (3) An offence is aggravated by hostility of one of the kinds mentioned in subsection (1) if — (a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on- (i) the victim's membership (or presumed membership) of a racial group, (ii) the victim's membership (or presumed membership) of a religious group, (iii) a disability (or presumed disability) of the victim, (iv) the sexual orientation (or presumed sexual orientation) of the victim, or (as the case may be) (v) the victim being (or being presumed to be) transgender, or - (b) the offence is motivated (wholly or partly) by – (i) hostility towards members of a racial group based on their membership of that group, (ii) hostility towards members of a religious group based on their membership of that group, (iii) hostility towards persons who have a disability or a particular disability, (iv) hostility towards persons who are of a particular sexual orientation, (v) hostility towards persons who are transgender, or (vi) hostility towards persons who are of a particular sex. (4) An offence is aggravated by hostility related to sex if — (a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the sex (or presumed sex) of the victim, or (b) the offence is motivated (wholly or partly) by hostility towards persons who are of a particular sex. (5) For the purposes of subsections (3) and (4), it is immaterial whether or not the offender's hostility is also based, to any extent, on any other factor not mentioned in that subsection. (6) In this section- (a) references to a racial group are to a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins; (b) references to a religious group are to a group of persons defined by reference to religious belief or lack of religious belief; (c) “membership” in relation to a racial or religious group, includes association with members of that group; (d) “disability” means any physical or mental impairment; (e) references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment; (f) "presumed” means presumed by the offender.” (3) In the italic heading before section 28, for “Racially or religiously aggravated offences” substitute “Offences aggravated by racial or other hostility”. (4) In section 29 (aggravated assaults) — - (a) in the heading for "Racially or religiously aggravated” substitute "Aggravated"; (b) in subsection (1) for “racially or religiously aggravated for the purposes of this section” substitute “aggravated (see section 28(1) and (2))”. (5) In section 30 (aggravated criminal damage) – (a) in the heading for "Racially or religiously aggravated” substitute “Aggravated”; (b) in subsection (1) for “racially or religiously aggravated for the purposes of this section" substitute “aggravated (see section 28(1) and (2))"; (c) in subsection (3) for “28(1)(a)” substitute “28(3)(a) and (4)(a)”. (6) In section 31 (aggravated public order offences) – (a) in the heading for "Racially or religiously aggravated” substitute "Aggravated"; (b) in subsection (1) for “racially or religiously aggravated for the purposes of this section” substitute “aggravated (see section 28(1) and (2))"; (c) in subsection (7) for “28(1)(a)” substitute “28(3)(a) and (4)(a)”. (7) In section 32 (aggravated harassment) — (a) in the heading for "Racially or religiously aggravated” substitute “Aggravated”; (b) in subsection (1) for “racially or religiously aggravated for the purposes of this section” substitute “aggravated (see section 28(1) and (2))". (8) In section 66 of the Sentencing Code (hostility as aggravating factor in sentencing) - (a) in subsection (1), after “subsection (3)” insert “and subsection (3A)”; (b) after subsection (3) insert – "(3A) So far as it relates to hostility related to disability, sexual orientation and transgender identity, this section does not apply in relation to an offence under sections 29 to 32 of the Crime and Disorder Act 1998 committed on or after the day on which section (Aggravated offences)(2) of the Crime and Policing Act 2026 comes into force.” (9) In the Armed Forces Act 2006, for sections 240 and 241 substitute— "240 Increase in sentence for offences aggravated by hostility (1) This section applies where a court or officer dealing with an offender for a service offence (other than an offence mentioned in subsection (7)) is considering the seriousness of the offence. (2) If the offence is aggravated by hostility of one of the kinds mentioned in subsection (3) the court or officer – (a) must treat that fact as an aggravating factor, and (b) must state in open court that the offence is so aggravated. (3) The kinds of hostility are (a) racial hostility, (b) religious hostility, (c) hostility related to disability, (d) hostility related to sexual orientation, or (e) hostility related to transgender identity. (4) An offence is aggravated by hostility of one of the kinds mentioned in subsection (3) if — (a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on- (i) the victim's membership (or presumed membership) of a racial group, (ii) the victim's membership (or presumed membership) of a religious group, (iii) a disability (or presumed disability) of the victim, (iv) the sexual orientation (or presumed sexual orientation) of the victim, or (as the case may be) (v) the victim being (or being presumed to be) transgender, or - (b) the offence is motivated (wholly or partly) by – (i) hostility towards members of a racial group based on their membership of that group, (ii) hostility towards members of a religious group based on their membership of that group, (iii) hostility towards persons who have a disability or a particular disability, (iv) hostility towards persons who are of a particular sexual orientation, (v) hostility towards persons who are transgender, or (vi) hostility towards persons who are of a particular sex. (5) It is immaterial whether or not the offender's hostility is also based, to any extent, on any other factor not mentioned in that subsection. (6) In this section – (a) references to a racial group are to a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins; (b) references to a religious group are to a group of persons defined by reference to religious belief or lack of religious belief; (c) "membership” in relation to a racial or religious group, includes association with members of that group; (d) “disability” means any physical or mental impairment; (e) references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment; (f) "presumed” means presumed by the offender.” (7) This section does not apply in relation to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under any of sections 29 to 32 of the Crime and Disorder Act 1998 (offences aggravated by racial and other hostility).”

302

Clause 107, page 139, line 22, leave out “racially or religiously hostile towards E” and insert “hostile towards E, within the meaning of section 109(3)"

303

Clause 108, page 140, line 16, leave out “racially or religiously hostile towards E” and insert "hostile towards E, within the meaning of section 109(3)"

304

Clause 109, page 140, line 34, leave out subsection (3) and insert- "(3) The conduct of a person (“D”) is hostile towards another person (“E”) if — (a) at the time of that conduct, or immediately before or after that time, D demonstrates towards E hostility based on (i) E's membership (or presumed membership) of a racial group, (ii) E's membership (or presumed membership) of a religious group, (iii) a disability (or presumed disability) of E, (iv) the sexual orientation (or presumed sexual orientation) of E, (v) E being (or being presumed to be) transgender, or (vi) the sex (or presumed sex) of E, or (b) D's conduct is motivated (wholly or partly) by – (i) hostility towards members of a racial group based on their membership of that group, (ii) hostility towards members of a religious group based on their membership of that group, (iii) hostility towards persons who have a disability or a particular disability, (iv) hostility towards persons who are of a particular sexual orientation, (v) hostility towards persons who are transgender, or (vi) hostility towards persons who are of a particular sex.”

305

Clause 109, page 141, line 6, leave out subsection (5) and insert- "(5) In subsection (3) — (a) references to a racial group are to a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins; (b) references to a religious group are to a group of persons defined by reference to religious belief or lack of religious belief; (c) “membership”, in relation to a racial or religious group, includes association with members of that group; (d) “disability” means any physical or mental impairment; (e) references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment; (f) "presumed” means presumed by D.”

306

Clause 114, page 145, line 9, leave out from “means” to end of line 11 and insert – "(a) a device which is capable of using five or more SIM cards simultaneously or interchangeably, for a purpose mentioned in subsection (1A), or (b) an article specified in regulations made by the Secretary of State. (1A) The purposes are—”

307

Clause 114, page 145, line 16, at end insert “, or (b) an article specified in regulations made by the Secretary of State."

308

Clause 114, page 145, line 20, leave out subsection (4) and insert- "(4) Regulations under subsection (1) may specify only articles which the Secretary of State considers are capable of being used for a purpose mentioned in subsection (1A) in a way which is a similar to a device within subsection (1)(a). (4A) Regulations under subsection (2) may specify only articles which the Secretary of State considers have a similar function to removable physical subscriber identity modules. (4B) “Article” includes information in electronic form. (4C) Before making regulations under this section, the Secretary of State must consult such persons appearing to the Secretary of State to be likely to be affected by the regulations as the Secretary of State considers appropriate.”

309

Clause 117, page 146, line 39, leave out from “that” to “by” in line 41 and insert “it is made or adapted for use in perpetrating fraud"

310

After Clause 122, insert the following new Clause- "Protests outside public office-holder's home (1) A person (“P”) commits an offence if – (a) P (alone or with other persons) carries on a protest outside, or in the vicinity of, premises that are used by a public office-holder as a dwelling, (b) P carries on the protest for the purpose of representing to, or persuading, the public office-holder that they (i) should or should not do something, or (ii) should or should not have done something, and (c) P carries on the protest because of, or in connection with, the public officer-holder being a public officer-holder. (2) Subsection (1) does not apply to premises that are an official residence. (3) It is a defence for a person charged with an offence under this section to show that they did not know the premises were used by the public office-holder as a dwelling. (4) A person is to be taken to have shown the matter referred to in subsection (3) if – (a) sufficient evidence is adduced to raise an issue with respect to it, and (b) the contrary is not proved beyond reasonable doubt. (5) A person who commits an offence under this section is liable, on summary conviction, to imprisonment for a term not exceeding the maximum term for summary offences or a fine not exceeding level 4 on the standard scale (or both). (6) In subsection (5) “the maximum term for summary offences” means (a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months; (b) if the offence is committed after that time, 51 weeks. (7) The following definitions apply for the purposes of this section. (8) "Public office-holder” means – (a) a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975); (b) any of the Welsh Ministers; (c) any of the Deputy Welsh Ministers (within the meaning of the Government of Wales Act 2006); (d) the Counsel General to the Welsh Government; (e) a member of the House of Lords; (f) a member of the House of Commons; (g) a member of Senedd Cymru; (h) a member of a local authority; (i) an elected mayor of a local authority within the meaning given by section 9H (elected mayors: England) or section 39(4) (elected mayors: Wales) of the Local Government Act 2000; (j) a mayor for the area of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; (k) a mayor for the area of a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; (l) the Mayor of London or an elected member of the London Assembly; (m) a police and crime commissioner; (n) a candidate at an election for an office mentioned in any of paragraphs (f) to (m). (9) "Local authority” means - (a) in England- (i) a county council; (ii) a district council; (iii) a London borough council; (iv) a parish council; (v) the Common Council of the City of London; (vi) the Council of the Isles of Scilly; (b) in Wales – (i) a county council; (ii) a county borough council; (iii) a community council. (10) "Dwelling” has the meaning given by section 8 of the Public Order Act 1986. (11) “Official residence” means (a) 10, 11 and 12 Downing Street, London; (b) Admiralty House, Whitehall, London; (c) 1 Carlton Gardens, London; (d) the Palace of Westminster, London; (e) Chequers, Missenden Road, Aylesbury, Buckinghamshire; (f) Dorneywood, Dorneywood Road, Burnham, Buckinghamshire; (g) Chevening House, Chevening, Sevenoaks, Kent.”

311

After Clause 122, insert the following new Clause- “Designation and restriction of Extreme Criminal Protest Groups (1) The Secretary of State may by regulations designate a group as an Extreme Criminal Protest Group (“ECPG”) where the Secretary of State reasonably believes that- (a) the group has as its purpose and practice the deliberate commission of one or more of the following offences (i) an offence under section 1 of the Public Order Act 1986 (riot), (ii) an offence under section 2 of the Public Order Act 1986 (violent disorder), (iii) an offence under section 1 of the Criminal Damage Act 1971 (destroying or damaging property), or (iv) an offence under section 7 of the Public Order Act 2023 (interference with the use or operation of key national infrastructure), (b) such offences are carried out with the intention of influencing public policy, parliamentary debate, ministerial decision-making, or the exercise of democratic functions, and (c) the activities of the group create a risk of serious harm to public safety, democratic institutions, or the rights of others. (2) A designation under subsection (1) does not amount to proscription for the purposes of the Terrorism Act 2000. (3) The following are offences in relation to group designated as an ECPG under subsection (1) – (a) membership of a designated ECPG; (b) promotion of a designated ECPG, including public advocacy, recruitment, or dissemination of the group's materials; (c) fundraising for a designated ECPG, including soliciting or providing funds or financial benefit; (d) organising, directing or coordinating activities of the group; (e) providing material support, training, funds or equipment to the group where the person knows or ought reasonably to know that the recipient is a designated ECPG. (4) A person does not commit an offence under subsection (3) solely by expressing an opinion or belief that is supportive of a designated ECPG, where that expression does not amount to encouragement or assistance of criminal conduct. (5) An offence under subsection (3) is punishable on conviction – (a) on indictment, by imprisonment for a term not exceeding three years, or a fine, or both; (b) on summary conviction, by imprisonment for a term not exceeding six months, or a fine, or both. (6) Before making regulations under subsection (1), the Secretary of State must lay before Parliament a statement of reasons explaining why the designation is considered appropriate. (7) The statement under subsection (6) may exclude material the disclosure of which would, in the opinion of the Secretary of State, be contrary to the public interest, including on grounds of national security or the prevention or detection of crime.”

312

After Clause 124, insert the following new Clause- "Public processions and assemblies: duty to take account of cumulative disruption (1) The Public Order Act 1986 is amended as follows. (2) In section 12 (power to impose conditions on public processions), after subsection (2B) insert- "(2BA) In considering for the purposes of subsection (1)(a) whether a public procession in England and Wales may result in serious disruption to the life of the community, a senior police officer must take into account any relevant cumulative disruption. (2BB) In subsection (2BA) “relevant cumulative disruption” means the cumulative disruption to the life of the community resulting from - (a) the procession, (b) any other public procession in England and Wales that was held, is being held or is intended to be held in the same area as the area in which the procession mentioned in paragraph (a) is being held or is intended to be held (whether or not directions have been given under subsection (1) in relation to that other procession), and (c) any public assembly in England and Wales that was held, is being held or is intended to be held in the same area as the area in which the procession mentioned in paragraph (a) is being held or is intended to be held (whether or not directions have been given under section 14(1A) in relation to that assembly), and it does not matter whether or not the procession mentioned in paragraph (a) and any procession or assembly within paragraph (b) or (c) are organised by the same person, are attended by any of the same persons or are held or are intended to be held at the same time. (2BC) In subsection (2BB) “area”, in relation to a public procession or public assembly, means such area as the senior police officer considers appropriate, having regard to the nature and extent of the disruption that may result from the procession or assembly.”. (3) In section 14 (power to impose conditions on public assemblies) after subsection (2B) insert- “(2BA) In considering for the purposes of subsection (1)(a) whether a public assembly in England and Wales may result in serious disruption to the life of the community, a senior police officer must take into account any relevant cumulative disruption. (2BB) In subsection (2BA) “relevant cumulative disruption” means the cumulative disruption to the life of the community resulting from- (a) the assembly, (b) any other public assembly in England and Wales that was held, is being held or is intended to be held in the same area as the area in which the assembly mentioned in paragraph (a) is being held or is intended to be held (whether or not directions have been given under subsection (1A) in relation to that other assembly), and (c) any public procession in England and Wales that was held, is being held or is intended to be held in the same area as the area in which the assembly mentioned in paragraph (a) is being held or is intended to be held (whether or not directions have been given under section 12(1) in relation to that procession), and it does not matter whether or not the assembly mentioned in paragraph (a) and any assembly or procession within paragraph (b) or (c) are organised by the same person, are attended by any of the same persons or are held or are intended to be held at the same time. (2BC) In subsection (2BB) “area”, in relation to a public assembly or public procession, means such area as the senior police officer considers appropriate, having regard to the nature and extent of the disruption that may result from the assembly or procession.".

313

After Clause 126, insert the following new Clause- "Return to unauthorised encampments: prohibited period (1) The Criminal Justice and Public Order Act 1994 is amended as follows. (2) In section 60C(3) (offence relating to residing on land without consent in or with a vehicle) for “12” substitute “three”. (3) In section 61 (power to remove trespassers on land) (a) in subsection (4)(b) for “prohibited period” substitute “period of three months beginning with the day on which the direction was given”; (b) omit subsection (4ZA). (4) In section 62 (supplementary powers of seizure) — (a) in subsection (1)(b) for “prohibited period” substitute “period of three months beginning with the day on which the direction was given”; (b) omit subsection (1A). (5) In section 62B(2) (failure to comply with direction under section 62A: offences) for "twelve” substitute "three". (6) In section 62C(2) (failure to comply with direction under section 62A: seizure) for "twelve" substitute “three”."

314

After Clause 126, insert the following new Clause- "Harassment of a person in their home (1) The Criminal Justice and Police Act 2001 is amended as follows. (2) In section 42 (police directions stopping harassment etc of a person in their home), - in subsection (1)(b) – (a) omit the “or” at the end of sub-paragraph (i); (b) after sub-paragraph (ii) insert — "(iii) that they should not have done something they were entitled or required to do; or (iv) that they should have done something they were not under any obligation to do;". (3) In section 42A (offence of harassment etc of a person in their home), in subsection (1)(b) - (a) omit the “or” at the end of sub-paragraph (i); (b) after sub-paragraph (ii) insert - "(iii) that they should not have done something they were entitled or required to do; or (iv) that they should have done something they were not under any obligation to do;".

315

Clause 132, page 161, line 29, column 2, after “Navy” insert “Police”

316

Clause 132, page 161, line 34, column 2, after “Military” insert “Police”

317

Clause 132, page 162, line 3, column 2, after “Force” insert “Police”

318

Clause 132, page 162, line 7, column 2, after “Navy” insert “Police”

319

Clause 132, page 162, line 8, column 2, after “Military” insert “Police”

320

Clause 132, page 162, line 9, column 2, after “Force” insert “Police”

321

Clause 137, page 169, leave out lines 29 and 30 and insert “. (i) has been authorised under a relevant power to access one or more online accounts, or (ii) is entitled by virtue of a relevant requirement to access one or more online accounts, and"

322

Clause 137, page 170, line 6, at end insert- "(3A) A "relevant requirement” means a requirement imposed under- (a) paragraph 7(1) of Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011; (b) paragraph 8(1) of Schedule 7 to the National Security Act 2023; (c) section 169(2)(c) of the Crime and Policing Act 2026.”

323

Clause 138, page 170, line 18, leave out from beginning to “for” and insert- “(1) The Criminal Justice and Court Services Act 2000 is amended as follows. (2)"

324

Clause 138, page 171, line 11, at end insert- "(5A) The requirement in subsection (5) may be satisfied by consultation carried out wholly or partly before this section comes into force.”

325

Clause 138, page 171, line 11, at end insert- “(5A) The Secretary of State may not make driver information regulations in relation to Northern Ireland authorised persons without the consent of the Department of Justice in Northern Ireland. (5B) "Northern Ireland authorised persons” means authorised persons who- (a) are under the direction and control of - (i) the Chief Constable of the Police Service of Northern Ireland, (ii) the Belfast Harbour Commissioners, or (iii) Belfast International Airport Limited, or (b) are officers of the Police Ombudsman for Northern Ireland."

326

Clause 138, page 171, leave out lines 12 to 16

327

Clause 138, page 171, leave out lines 19 and 20

328

Clause 138, page 174, line 23, at end insert- "(3A) The requirement in subsection (3) may be satisfied by consultation carried out wholly or partly before this section comes into force.”

329

Clause 138, page 175, line 5, after “2025” insert “first”

330

Clause 138, page 175, line 5, at end insert “for any purpose, other than the purposes of making regulations"

331

Clause 138, page 175, line 5, at end insert- "(3) In section 76 (subordinate legislation), after subsection (5) insert – "(5A) A statutory instrument containing regulations under section 71 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.''''

332

After Clause 138, insert the following new Clause- "Code of practice relating to non-criminal hate incidents In the Police, Crime, Sentencing and Courts Act 2022, omit- (a) sections 60 and 61 (code of practice about police processing of personal data relating to hate incidents), and (b) the italic heading before section 60.”

333

After Clause 144, insert the following new Clause- "Duration of closure notices and orders: extension (1) The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows. (2) In section 77 (duration of closure notices). (a) in subsection (2), for “48 hours” substitute “7 days”, and (b) in subsection (3), for “48 hours” substitute “7 days”. (3) In section 80(6) (power of court to make closure order), for “3” substitute “12”. (4) In section 82 (extension of closure orders) (a) in subsection (7), for “3” substitute “12”, and (b) for subsection (8) substitute – "(8) The period of a closure order may be extended for another 12 months after the original extended 12 month period has elapsed, and there is no maximum duration of the closure order.""

334

After Clause 144, insert the following new Clause- "Abolition of non-crime hate incidents (1) Non-crime hate incidents (NCHIs) must not be recognised as a category of incident by any police authority in the United Kingdom. (2) No police authority or police officer may record, retain or otherwise process any personal data relating to a NCHI. (3) Subsection (2) does not mean a police authority or police officer cannot record, retain or otherwise process an incident that is relevant for the prevention or detection of a crime, or for another policing purpose, provided it complies with incident recording guidance issued by the College of Policing or the Secretary of State. (4) Guidance in relation to incident recording must have due regard to the right to freedom of expression. (5) Any historic records of NCHIs which do not meet the incident recording threshold as set out in guidance issued by the College of Policing or the Secretary of State, must (a) not be disclosed in a Disclosure and Barring Service check; (b) be deleted upon discovery. (6) For the purposes of this section – “non-crime hate incident” means any incident or alleged incident which does not constitute a criminal offence, but is perceived, by any person, to have been motivated (wholly or partly) by hostility or prejudice towards a person or group on the grounds of race, religion, sexual orientation, disability, sex or transgender identity; "police authority” means a body specified in section 174(1); "police officer” means any person acting under the authority of a police authority.".

335

After Clause 148, insert the following new Clause- “Notification requirements for child cruelty offenders (1) The Secretary of State may by regulations require child cruelty offenders to notify specified matters to the police. (2) "Child cruelty offender” means a person who, in England and Wales – (a) is convicted of a child cruelty offence, (b) is found not guilty of a child cruelty offence by reason of insanity, (c) is found to be under a disability and to have done the act charged against the person in respect of a child cruelty offence, or (d) is cautioned in respect of a child cruelty offence after the person has admitted the offence, on or after the day on which the regulations come into force. (3) A "child cruelty offence" means an offence listed in Schedule (Notification requirements for child cruelty offenders: child cruelty offences). (4) The regulations may in particular make provision – (a) about the period for which a child cruelty offender is subject to notification requirements (which may be an indefinite period); (b) about the occasions on which, or intervals at which, a child cruelty offender is required to give notifications; (c) about the time limits for giving a notification; (d) about how notifications are to be given to the police (which may include provision for notifications to be given to persons authorised by the police in accordance with the regulations); (e) requiring a child cruelty offender to allow photographs and fingerprints to be taken for the purposes of verifying the offender's identity; (f) requiring or authorising a person with parental responsibility for a child cruelty offender to give notifications, where the offender is under 18; (g) for specified notification requirements to apply to a child cruelty offender only if the offender has been given notice by a police officer, in accordance with the regulations, that those requirements apply; (h) for reviews of whether a child cruelty offender should remain subject to notification requirements, or to specified notification requirements; (i) for a child cruelty offender to cease to be subject to notification requirements, or to specified notification requirements, following a review. (5) If the regulations make provision for a child cruelty offender to be subject to notification requirements for an indefinite period, they must make provision under which the child cruelty offender may cease to be subject to the notification requirements following a review. (6) The matters which may be specified in the regulations as matters which must be notified include, in particular, any matter a relevant offender is required to notify to the police by or under Part 2 of the Sexual Offences Act 2003 (as it has effect in England and Wales). (7) Before making regulations under this section the Secretary of State must consult - (a) the National Police Chiefs' Council, and (b) any other persons the Secretary of State considers appropriate. (8) In this section- "notification requirements” means requirements imposed by the regulations; "specified" means specified in the regulations.”

336

After Clause 148, insert the following new Clause – "Notification requirements for child cruelty offenders: enforcement (1) Regulations under section (Notification requirements for child cruelty offenders) may provide for a person to commit an offence if, without reasonable excuse, they (a) fail to comply with a specified notification requirement, or (b) in purported compliance with a specified notification requirement, notify information that they know to be false. (2) The maximum penalty specified for an offence must not exceed (but may be less than) (a) on summary conviction, imprisonment for a term of the general limit in a magistrates' court or a fine (or both); (b) on conviction on indictment, imprisonment for a term of 5 years or a fine (or both)."

337

After Clause 148, insert the following new Clause- "Notification requirements for child cruelty offenders: power to amend Schedule (Notification requirements for child cruelty offenders: child cruelty offences) (1) The Secretary of State may by regulations amend (a) Schedule (Notification requirements for child cruelty offenders: child cruelty offences) (child cruelty offences); (b) section (Notification requirements for child cruelty offenders: interpretation) for the purposes of that Schedule. (2) Regulations under subsection (1) may add an offence to Schedule (Notification requirements for child cruelty offenders: child cruelty offences) only if — (a) the Secretary of State considers it appropriate to do so, having regard to the nature and seriousness of the harm that may be caused to persons under 18 by conduct constituting the offence, and (b) the offence is not listed in Schedule 3 to the Sexual Offences Act 2003 (offences to which Part 2 of that Act applies) (disregarding for this purpose any condition subject to which an offence is listed in that Schedule). (3) Where an offence is capable of being committed against a person aged 18 or over, an amendment adding it to Schedule (Notification requirements for child cruelty offenders: child cruelty offences) must include a condition that the victim was under 18. (4) An amendment of Schedule (Notification requirements for child cruelty offenders: child cruelty offences) or section (Notification requirements for child cruelty offenders: interpretation) within subsection (5) does not apply to convictions, findings and cautions before the amendment takes effect. (5) An amendment is within this subsection if it - (a) adds an offence, (b) removes a condition relating to an offence, or (c) changes a condition in such a way as to cause an offence committed by or against a person of a particular age in certain circumstances, or resulting in a particular disposal, to be within the Schedule when it would not otherwise be. (6) Before making regulations under this section the Secretary of State must consult – (a) the National Police Chiefs' Council, and (b) any other persons the Secretary of State considers appropriate.".

338

After Clause 148, insert the following new Clause- "Notification requirements for child cruelty offenders: interpretation (1) In section (Notification requirements for child cruelty offenders)(2), a reference to a conviction includes a reference to a finding of a magistrates' court, where the court makes an order under section 37(3) of the Mental Health Act 1983, that the accused did the act charged. (2) The following provisions do not apply for the purposes of section (Notification requirements for child cruelty offenders)(2)— (a) section 82(2) of the Sentencing Code, and (b) section 187(1) of the Armed Forces Act 2006, (conviction with absolute or conditional discharge deemed not to be a conviction). (3) A reference in Schedule (Notification requirements for child cruelty offenders: child cruelty offences) to an offence (“offence A”) includes - (a) an attempt or conspiracy to commit offence A; (b) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to which offence A is the offence (or one of the offences) which the person believed would be committed; (c) aiding, abetting, counselling or procuring the commission of offence A. (4) References in Schedule (Notification requirements for child cruelty offenders: child cruelty offences) to a person's age are to the person's age at the time of the offence. (5) References in Schedule (Notification requirements for child cruelty offenders: child cruelty offences) to imprisonment include - (a) a period of detention which a person is liable to serve under a detention and training order; (b) a sentence of detention in a young offender institution; (c) a sentence of detention under section 250 of the Sentencing Code or section 209 of the Armed Forces Act 2006; (d) a sentence of custody for life under section 272 of the Sentencing Code (including one passed as a result of section 210A of the Armed Forces Act 2006); (e) an extended sentence under section 254 of the Sentencing Code (including one passed as a result of section 221A of the Armed Forces Act 2006).”

339

After Clause 151, insert the following new Clause- "Misconduct investigations where officer acquitted (1) The Police Reform Act 2002 is amended as follows. (2) In section 13B (a) in subsection (1), at end insert “but this is subject to the exception in section 13BA.", and (b) in subsection (2), at the beginning, leave out “The” and insert “Unless the exception in section 13BA applies, the". (3) After section 13B, insert- "13BA No re-investigation on acquittal for the same conduct (1) Where this section applies, the Director-General may not make a determination under section 13B(2) to re-investigate the complaint, recordable conduct matter or DSI matter. (2) This section applies where – (a) the Director-General, appropriate authority or relevant review body (as the case may be) has made a determination under paragraphs 23(2)(c), 24(2)(b) or 25(4G) of Schedule 3, (b) as a result of the determination mentioned in paragraph (a), the Director of Public Prosecutions has brought criminal proceedings against the relevant person, and (c) the relevant person has been acquitted in those criminal proceedings. (3) The exception in subsection (1) does not apply only if- (a) the relevant authority has come into possession of substantial new evidence relating to the conduct that was the subject of the investigation, and (b) the relevant authority is of the reasonable opinion that the new evidence would, if considered, be significantly likely to lead to a finding of misconduct or gross misconduct. (4) In this section – (a) "relevant person" means the person to whose conduct the investigation related; (b) "relevant authority” means the Director-General, appropriate authority, local policing body or relevant review body (as the case may be)." (4) After paragraph 24C of Schedule 3, insert – “Investigation where person acquitted in criminal proceedings 24D(1) This paragraph applies where – (a) an investigation of a complaint, conduct matter or DSI matter ("the index investigation”) has concluded and the final report has been submitted to the relevant authority, (b) the relevant authority has made a determination under paragraphs 23(2)(c), 24(2)(b) or 25(4F), (c) as a result of the determination mentioned in sub-paragraph (b), the Director of Public Prosecutions has brought criminal proceedings against the relevant person, and (d) the relevant person has been acquitted in those criminal proceedings. (2) In this paragraph- (a) "relevant person” means the person to whose conduct the index investigation related; (b) "relevant authority" means the Director-General, appropriate authority, local policing body or relevant review body (as the case may be). (3) Where this paragraph applies, the relevant authority may not initiate a new investigation, re-open an investigation or order a re-investigation against the relevant person in relation to the same complaint, conduct matter or DSI matter that was the subject of the index investigation. (4) Sub-paragraph (3) does not apply only if – (a) the relevant authority has come into possession of substantial new evidence relating to the conduct that was the subject of the index investigation, and (b) the relevant authority is of the reasonable opinion that the new evidence would, if considered, be significantly likely to lead to a finding of misconduct or gross misconduct.” (5) In paragraph 25 of that Schedule - (a) after sub-paragraph (4D) insert— “(4DA) The Director-General may not direct that the complaint be re-investigated under sub-paragraph (4C)(b) if paragraph 24D applies in relation to that investigation.", and (b) after sub-paragraph (4E) insert- "(4EA) The local policing body may not make a recommendation to the appropriate authority that the complaint be re-investigated under sub-paragraph (4E)(a) if paragraph 24D applies in relation to the conduct to which the investigation related."””

340

Clause 163, page 201, line 37, at end insert- ““law enforcement employer” has the meaning given by section 158(1);”

341

Clause 166, page 204, leave out lines 15 to 20

342

Clause 167, page 205, line 9, at end insert- "(2A) In determining whether to make a youth diversion order in respect of the respondent, the court must be provided with evidence relating to - (a) the alternative interventions that have been considered or previously applied, (b) the reasons why such interventions were considered inappropriate, unsuitable, or unsuccessful, and (c) consultations undertaken by the police with relevant individuals, experts or agencies, which may include youth justice services.”

343

Clause 167, page 205, line 27, leave out paragraph (b) and insert- “(b) an attempt or conspiracy to commit an offence within paragraph (a), (c) an offence under Part 2 of the Serious Crime Act 2007 (England and Wales and Northern Ireland: encouraging or assisting crime) in relation to an offence within paragraph (a), (d) an offence under the law of Scotland of inciting the commission of an offence within paragraph (a), or (e) aiding, abetting, counselling or procuring the commission of an offence within paragraph (a)."

344

Clause 169, page 207, line 19, at end insert- "(da) the inspection of any online account accessed by means of a device;”

345

Clause 169, page 207, line 22, at end insert- "(5A) The "inspection” of a device, or an online account accessed by means of a device, includes - (a) accessing the device or the online account, (b) examining information held on the device or accessed by means of the online account, and (c) extracting such information.”

346

Clause 169, page 208, line 3, at end insert- “online account” means an account by means of which information held on a service provided by means of the internet is made accessible;"

347

Clause 169, page 208, line 4, at end insert- "(11) The reference in this section to “extracting” information includes reproducing it in any form."

348

Clause 170, page 208, line 29, leave out “which made the order” and insert “to which the application under section 167 was made”

349

Clause 177, page 212, line 16, leave out “a youth court made the youth diversion order” and insert “the respondent was under the age of 18 when the application under section 167 was made”

350

Clause 177, page 212, line 18, leave out from first “court” to end of line 28 and insert “in any other case;"

351

Clause 178, page 213, line 16, leave out subsections (3) and (4)

352

Clause 178, page 213, line 26, leave out subsection (6)

353

Clause 180, page 215, line 20, leave out subsection (4)

354

Clause 180, page 215, line 24, leave out first “to” and insert “and”

355

Clause 180, page 215, line 25, at end insert- "(6A) The Secretary of State must lay before Parliament - (a) any guidance or revisions issued under this section, and

356

Clause 182, page 216, line 11, leave out subsection (2) and insert- "(2) The following do not apply to a complaint under this Chapter – - (a) section 127 of the Magistrates' Courts Act 1980 (time limit for complaints etc); (b) Article 78(1) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (time limit for complaints)."

357

After Clause 185, insert the following new Clause- “Glorification of terrorism: removal of emulation requirement (1) Section 1 (encouragement of terrorism) of the Terrorism Act 2006 is amended as follows. (2) In subsection (3), for paragraphs (a) and (b) substitute – "(a) relates to one or more organisations which are at the time of the statement proscribed as terrorist organisations, and glorifies the commission or preparation (whether in the past, in the future or generally) of such acts or offences; or (b) glorifies the commission or preparation (whether in the past, in the future or generally) of such acts or offences, and is a statement from which members of the public could reasonably be expected to infer that what is being glorified is being glorified as conduct that should be emulated by them in existing circumstances.”””

358

After Clause 190, insert the following new Clause- “Prevention and investigation measures: online information (1) Paragraph 7 of Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011 (terrorism prevention and investigation measures: electronic communication devices) is amended as follows. (2) In sub-paragraph (4), after paragraph (e) insert- "(ea) the inspection of any online account accessed by means of a device;". (3) After sub-paragraph (4) insert— "(4A) The "inspection” of a device, or an online account accessed by means of a device, includes (a) accessing the device or the online account, (b) examining information held on the device or accessed by means of the online account, and (c) extracting such information.". (4) After sub-paragraph (6) insert — "(7) An “online account” means an account by means of which information held on a service provided by means of the internet is made accessible. (8) The reference in this paragraph to “extracting” information includes reproducing it in any form.". (5) Paragraph 8 of Schedule 7 to the National Security Act 2023 (prevention and investigation measures: electronic communication devices) is amended as follows. (6) In sub-paragraph (4), after paragraph (e) insert- "(ea) the inspection of any online account accessed by means of a device;". (7) After sub-paragraph (4) insert- "(4A) The "inspection” of a device, or an online account accessed by means of a device, includes (a) accessing the device or the online account, (b) examining information held on the device or accessed by means of the online account, and (c) extracting such information.". (8) After sub-paragraph (6) - “(7) An “online account” means an account by means of which information held on a service provided by means of the internet is made accessible. (8) The reference in this paragraph to “extracting” information includes reproducing it in any form.”.”

359

After Clause 190, insert the following new Clause- "Proscription status of Iran-related entities: review (1) The Secretary of State must, within one month of the date on which this Act is passed, review whether any organisations related to the Iranian government should be proscribed under section 3 of the Terrorism Act 2000 (proscription). (2) The Secretary of State must publish the outcome of the review under subsection (1), and this must include the reasons for the Secretary of State's decision."

360

After Clause 190, insert the following new Clause- "AI chatbots: content promoting terrorist and national security offences (1) It is an offence to create, supply, or otherwise make available an AI chatbot which produces content specified in subsection (2). (2) Content is covered by this section if it is content which-- (a) produces language promoting, or tactics or target selection for, terrorist offences or real world violence, (b) threatens national security, or (c) encourages activity which threatens public safety. (3) It is an offence to create, supply, or otherwise make available an AI chatbot which has not been risk assessed for the possibility of producing content specified in subsection (2). (4) Where a provider of a chatbot identifies a risk of the chatbot producing content of the kind set out in subsection (2), it is an offence for a provider of a chatbot not to take steps to mitigate or manage those risks before making the chatbot publicly available. (5) A person who commits an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates' court or a fine (or both); (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). (6) For the purposes of this Act an “AI chatbot” is a generative AI system, including a deep or large language model, able to generate text, images and other content based on the data on which it was trained, and which has been designed to respond to user commands in a way that mimics a human, or engage in conversations with a user that mimic human conversations."

361

After Clause 191, insert the following new Clause- "Provisions for pardons and criminal records of women prosecuted under abortion law (1) The Policing and Crime Act 2017 is amended as follows. (2) After section 165 (Other pardons for convictions etc of certain abolished offences: England and Wales), insert— "165A Pardon and expungement of records for women under the law related to abortion (1) Subsections (2) and (3) apply in respect of a woman (whether living or deceased) who, when acting in relation to her own pregnancy, was convicted of, cautioned for, arrested for, or investigated on suspicion of, an offence under the law related to abortion, including sections 58 and 59 of the Offences Against the Person Act 1861, and the Infant Life (Preservation) Act 1929. (2) Where the woman has been convicted of, or cautioned for, an offence detailed in subsection (1), she is pardoned for the offence. (3) The Secretary of State must by notice direct the relevant data controller to delete details, contained in relevant official records, of a conviction, caution, arrest, or investigation detailed in subsection (1). (4) Expressions used in this section or section 167(1) (so far as relating to this section) and in Chapter 4 of Part 5 of the Protection of Freedoms Act 2012 have the same meaning in this section or (as the case may be) section 167(1) as in that Chapter (see section 101 of that Act)." (3) In section 167 (Sections 164 to 166: supplementary) — (a) in subsection (1) after “165” insert “ or 165A"; (b) in subsection (2) after “165” insert “ or 165A”.”

362

Clause 192, page 223, line 24, leave out “subsections (3) and” and insert “subsection”

363

Clause 192, page 223, line 27, leave out subsection (3)

364

Clause 192, page 224, leave out lines 1 and 2

365

Clause 192, page 224, leave out lines 7 and 8

366

After Clause 195, insert the following new Clause- “OFCOM’s notices to providers of internet services OFCOM's notices to providers of internet services (1) In Chapter 5 of Part 1 of the Coroners and Justice Act 2009 (coroners: further provision to do with investigations and deaths), before section 32 insert – "31A Duty to notify OFCOM of certain child deaths (1) A senior coroner who is made aware that the body of a deceased child is within that coroner's area must notify the Office of Communications (OFCOM) of that fact within 5 working days of being made aware of the body, unless - (a) the coroner decides that the death is not one into which the coroner has a duty under section 1(1) to conduct an investigation, or (b) the coroner is satisfied that no purpose would be served by OFCOM giving a notice under section 101(C1) of the Online Safety Act 2023 requiring the retention of information about use of internet services by the child who has died, because such information is of no relevance to the child's death. (2) In this section “child” means a person who, at the time of death, was (to the best of the coroner's knowledge) aged between 5 and 17. (3) In this section “working day” means any day other than – (a) Saturday or Sunday, (b) Christmas Day or Good Friday, or (c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales." (2) The Online Safety Act 2023 is amended in accordance with subsections (3) and (4). (3) In section 101 (information in connection with an investigation into the death of a child) - (a) in subsection (A1)(a), after “child,” insert “or (in England and Wales) notifies OFCOM of the death of a child as required by section 31A of the Coroners and Justice Act 2009,”; (b) after subsection (G1) insert - "(H1) Regulations under subsection (E1)(a) may make provision by reference to a document as amended from time to time." (4) In section 102 (information notices), in subsection (5A)(c), for “for the period of one year beginning with the date of the notice,” substitute “— (i) where the investigating authority is a senior coroner (in England and Wales), for the period of six months beginning with the date of the notice, or (ii) in other cases, for the period of one year beginning with the date of the notice,"."

367

After Clause 195, insert the following new Clause- “Power to amend Online Safety Act 2023 Power to amend Online Safety Act 2023: AI (1) The Online Safety Act 2023 is amended as follows. (2) After section 216 insert- “Power to amend Act: illegal AI-generated content etc 216A Power to amend Act in relation to illegal AI-generated content etc (1) Subject to subsection (14)(b), the Secretary of State may by regulations amend any provision of this Act for or in connection with the purposes of minimising or mitigating the risks of harm to individuals in the United Kingdom presented by — (a) illegal Al-generated content; (b) the use of AI services for the commission or facilitation of priority offences. (2) In this section, “AI service” means an internet service that is capable (or part of which is capable) of generating AI-generated content (no matter what proportion of content on the service is AI-generated). (3) The provision that may be made by regulations includes provision securing that any or all of the duties set out in subsection (4) are imposed on providers of AI services in relation to – (a) illegal Al-generated content; (b) the design, operation or use of Al services so far as relating to illegal Al-generated content; (c) the use of AI services for the commission or facilitation of priority offences. (4) The duties referred to in subsection (3) are - (a) duties imposed on providers of regulated user-to-user services by section 9 or 10 (illegal content and activity) or any of sections 20 to 23 so far as relating to section 9 or 10; (b) duties imposed on providers of regulated search services or combined services by section 26 or 27 (search content that is illegal content) or any of sections 31 to 34 so far as relating to section 26 or 27; (c) duties corresponding or similar to the duties in paragraph (a) or (b). (5) The provision that may be made by regulations by virtue of subsection (3) includes provision imposing duties on providers of AI services in relation to illegal AI-generated content of all kinds even where a corresponding or similar duty imposed on providers of regulated user-to-user or search services relates only to priority illegal content. (6) The provision that may be made by regulations includes provision securing that the duties imposed on providers of Category 1 services and Category 2A services by section 38 or 39 (fraudulent advertising), or duties corresponding or similar to those duties, are imposed on providers of AI services in relation to fraudulent advertisements (whether or not Al-generated). (7) The provision that may be made by regulations includes provision securing that the requirements imposed on providers of Part 3 services by section 66 (reporting CSEA content), or requirements corresponding or similar to those requirements, are imposed on providers of AI services in relation to AI-generated CSEA content (and if such corresponding or similar requirements are imposed, regulations may amend section 67(1) so as to refer to the provision imposing them, as well as to section 66). (8) The provision that may be made by regulations includes provision securing any of the following- (a) that providers of AI services are subject to the requirements imposed on providers of regulated services by, or by OFCOM under, Part 6 (fees), or are subject to requirements corresponding or similar to those requirements; (b) that duties imposed on OFCOM in relation to Part 3 services by Chapter 3 of Part 7 (OFCOM's register of risks, and risk profiles), or duties corresponding or similar to those duties, are imposed on OFCOM in relation to Al services, so far as relating to illegal AI-generated content generated by such services or their use for the commission or facilitation of priority offences; (c) that functions conferred on OFCOM in relation to regulated services under the following provisions, or functions corresponding or similar to those functions, are conferred on OFCOM in relation to Al services, so far as relating to provision made by the regulations – (i) Chapter 4 of Part 7 (information); (ii) Chapter 6 of Part 7 (enforcement), including provisions of that Chapter conferring power for OFCOM to impose monetary penalties; (d) that powers conferred on OFCOM in relation to Part 3 services under Chapter 5 of Part 7 (notices to deal with terrorism content and CSEA content), or powers corresponding or similar to those powers, are conferred on OFCOM in relation to AI services, so far as relating to AI-generated terrorism content or AI-generated CSEA content; (e) that OFCOM have power to make provision in guidance or a code of practice relating to provision made by the regulations. (9) The provision that may be made by regulations includes provision securing that any provision of this Act that applies in relation to illegal content or illegal content of a particular kind applies (with or without modifications), or does not apply, in relation to illegal AI-generated content or illegal Al-generated content of a particular kind. (10) The provision that may be made by regulations includes provision amending any definition in this Act, including (but not limited to) – (a) provision securing that AI services fall within the definition of “regulated user-to-user service”, “regulated search service”, “combined service”, “Part 3 service” or “regulated service” (so far as that is not already the case) or are excluded from any of those definitions; (b) provision giving the meaning of any defined term in relation to AI services, Al-generated content or AI-generated content of a particular kind. (11) Regulations may make provision securing that providers of specified kinds of Al services are exempt from the requirement to comply with specified duties or requirements imposed by the regulations. (12) The provision that may be made by regulations includes - (a) provision in relation to AI services that corresponds or is similar to provision in Chapter 2 of Part 7 (register of categories of services); (b) provision conferring power on the Secretary of State to make regulations containing provision in relation to AI services that corresponds or is similar to provision that may be made by regulations under paragraph 1 of Schedule 11 (“threshold conditions"). (13) Regulations may make provision having the effect that Al services provided from outside the United Kingdom are regulated by this Act (as well as AI services provided from within the United Kingdom), but, if they do so, must contain equivalent provision to that made in relation to user-to-user services and search services by section 4(5) and (6) (UK links). (14) Regulations - (a) may (among other things) amend any provision of this Act that mentions an automated tool or a bot (including section 59(12)); (b) may not amend section 234 (“harm” etc). (15) Regulations - (a) may make different provision with regard to AI services of different kinds; (b) may make provision with regard to AI services generally or any one or more specified kinds of AI service; (c) may make different provision with regard to AI-generated content generated by different kinds of automated tools or functionalities available on AI services; (d) may make provision with only to AI-generated content generated by specified kinds of automated tools or functionalities available on AI services. (16) Regulations may make provision as to the meaning of any reference to "AI-generated”, or “AI-generated content”, inserted by the regulations into this Act. (17) In this section- “AI” is short for artificial intelligence; "Al-generated CSEA content” means CSEA content that is AI-generated, and “CSEA content” here has the same meaning as in Part 3 (see section 59) except that section 59(14)(a) is to be disregarded; "AI-generated terrorism content” means terrorism content that is AI-generated, and “terrorism content” here has the same meaning as in Part 3 (see section 59) except that section 59(14)(a) is to be disregarded; “amend” includes repeal and apply (with or without modifications); “fraudulent advertisement” has the meaning given by section 38 or 39 (depending on the kind of AI service in question), disregarding the fact that the definition in those sections applies in relation only to a Category 1 service or a Category 2A service; "illegal Al-generated content” means illegal content that is Al-generated; "illegal content” has the same meaning as in Part 3 (see section 59), except that where that term is used in the definition of "illegal AI-generated content”, section 59(14)(a) is to be disregarded; "priority illegal content” has the same meaning as in Part 3 (see section 59); "priority offence” has the same meaning as in Part 3 (see section 59); "regulations", except in subsection (12)(b), means regulations under subsection (1); "specified" means specified in regulations." (3) In section 225 (Parliamentary procedure for regulations), in subsection (1), after paragraph (f) insert - "(fa) regulations under section 216A(1),”.”

368

After Clause 196, insert the following new Clause- "AI chatbots: offence (1) It is an offence to create, supply, or otherwise make available an AI chatbot which produces content specified in subsection (4). (2) It is an offence to fail to suitably and sufficiently risk assess an AI chatbot which produces content available in subsection (4). (3) It is an offence for a provider of an AI chatbot which produces content available in subsection (4) to fail to effectively mitigate and manage the risks of harm to individuals. (4) Content is covered by this section if it consists of - (a) illegal content, as defined by section 59 of the Online Safety Act 2023, or (b) where the content is presented to a user aged under 18- (i) content or activity which is harmful to children, as defined by section 60 of the Online Safety Act 2023, (ii) content or activity which is presented by an AI chatbot that mimics a human in a manner likely to mislead a child as to its non-human nature, (iii) content with an exploitative design, where content is presented with the intent or effect of detrimentally or coercively extending the user's engagement with the AI chatbot, (iv) content that is detrimental to equality of treatment, or (v) content which is detrimental to the risks to the privacy of individuals and security of personal information. (5) A risk assessment under subsection (2) is suitable and sufficient if it- (a) identifies and understands the risk of harm, including through product testing and red teaming, (b) is kept up-to-date, including when changes are made to the chatbot's design or operation, (c) takes into account matters listed in sections 10(4) and 11(6) of the Online Safety Act 2023 (safety and risk assessment duties), (d) has regard to any guidance produced by Ofcom on risk assessment under the Online Safety Act 2023, (e) assesses the risks to equality of treatment of individuals, (f) assesses the risks to the privacy of individuals and security of personal information, (g) assesses the risks arising from the choice of underlying models, data sets and computational tools, and (h) is in an easily understandable written format and includes details about how the assessment was carried out and its findings. (6) As well as the requirements of subsection (5), a risk assessment under subsection (2) for a companion chatbot is suitable and sufficient if it — (a) assesses the risk of harms arising from its use in relation to – (i) addictive design, (ii) deception (iii) sycophancy, (iv) scheming, (v) emotional manipulation, and (vi) disinformation; (b) takes account of the characteristics and vulnerabilities of different end-user groups and takes appropriate mitigating steps in relation to each of those risks; (c) ensures that there are clear technical or functional boundaries in the companion chatbots limiting emotional intimacy, (d) ensures that the chatbot has language and framing suggesting that engagement with the companion chatbot is or should be exclusive of other relationships; (e) ensures that the chatbot periodically encourages human interactions, provides information about local, age-appropriate activities and refers where relevant end-users to appropriate professional support; (f) prohibits design patterns that simulate the permanence or irreplaceability of the chatbot. (7) A provider of an AI chatbot effectively mitigates and manages the risks of harm to individuals under subsection (3) if they — (a) implement moderation systems to prevent the chatbot from generating or endorsing illegal content or, where the chatbot is accessible by children, content harmful to children, (b) design the system to recognise and handle ambiguous, illegal inputs, or inputs harmful to children inputs appropriately, (c) implement systems to provide appropriate fall back responses and escalation procedures, (d) introduce processes or systems that allow end-users or affected persons within the meaning of section 20(5) of the Online Safety Act 2023 to flag inappropriate content, (e) update dialogue management and content control systems based on new data and emerging risks, (f) provide and enforce terms of service, (g) ensure - (i) where a chatbot is asked for information on health matters, the chatbot refers the end-user to the relevant NHS website; (ii) where a chatbot is asked for information about a current UK election, the chatbot refers the end-user to the Electoral Commission; (iii) where a chatbot is asked for information about suicide or self-harm, the chatbot refers the end-user to the Samaritans or other appropriately qualified service; (iv) a chatbot indicates uncertainty when reliable sources disagree or information is incomplete or unavailable; (v) where a chatbot is asked for information by an end-user about child sexual abuse imagery, the chatbot refers the end-user to Stop It Now or Report Remove as appropriate; (vi) where a chatbot is asked about experience of child abuse, the chatbot refers the end-user to Childline, (h) provide highly effective age assurance for chatbots which are capable of producing primary priority content, and (i) keep a written record of any measures taken or in use to comply with paragraphs (a) to (h). (8) A person who commits an offence under this section is liable - (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates' court or a fine (or both); (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). (9) Providers of regulated chatbots must publish annual transparency reports that include data showing how they are complying with their duties under subsections (5) to (7). (10) For the purposes of this Act- an "AI chatbot” is a generative AI system, including a deep or large language model, able to generate text, images and other content based on the data on which it was trained, and which has been designed to respond to user commands in a way that mimics a human, or engage in conversations with a user that mimic human conversations; an "companion chatbot” is a regulated chatbot which is designed to mimic human relationships or foster emotional engagement and personal or social connection or which can be used in that way.”

369

After Clause 196, insert the following new Clause- "AI chatbots offence committed by provider of a regulated service under the Online Safety Act 2023 (1) The condition in this subsection is met where an offence under sections (AI chatbots: content promoting terrorist and national security offences) or (AI chatbots: offence) is committed- (a) by a provider of a regulated service as defined by section 4 of the Online Safety Act 2023; and (b) materially in relation to the provision of that regulated service. (2) Where the condition in subsection (1) is met, the provider of the regulated service shall, in addition to being liable for the offence under sections (AI chatbots: content promoting terrorist and national security offences) or (AI chatbots: offence), be deemed to be in breach of an enforceable requirement for the purposes of Part 7, Chapter 6 of the Online Safety Act 2023. (3) Where the condition in subsection (1) is met and the AI chatbot which is the subject matter of the offence under sections (AI chatbots: content promoting terrorist and national security offences) or (AI chatbots: offence) is available to users in the United Kingdom, OFCOM may apply to the court for the business disruption measures listed in Part 7, Chapter 6 of the Online Safety Act 2023 in the relation to the AI chatbot which is the subject matter of the offence. (4) OFCOM must consider using its power under subsection (3) expeditiously where there is an imminent risk to life as a result of the ongoing availability of the AI chatbot in question to users in the United Kingdom."

370

After Clause 196, insert the following new Clause- "Liability for offence under sections (AI chatbots: content promoting terrorist and national security offences) or (AI chatbots: offence) committed by a body (1) This section applies where an offence under sections (AI chatbots: content promoting terrorist and national security offences) or (Al chatbots: offence) is committed by a body. (2) If the offence is committed with the consent or connivance of - (a) a relevant person in relation to the body, or (b) a person purporting to act in the capacity of a relevant person in relation to the body, the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly. (3) In this section – "body" means a body corporate, a partnership or an unincorporated association other than a partnership; “relevant person”, in relation to a body, means- (a) in the case of a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body; (b) in the case of a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it; (c) in the case of a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907); (d) in the case of any other partnership, a partner; (e) in the case of an unincorporated association other than a partnership, a person who exercises functions of management with respect to it."

371

After Clause 196, insert the following new Clause- "Defences to the AI chatbots offences It is a defence for any person charged with an offence under sections (AI chatbots: content promoting terrorist and national security offences) or (AI chatbots: offence) to prove that they - (a) created, supplied or otherwise made available an Al chatbot which breached the provisions in those sections for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world, (b) were a member of, employed by, or engaged by OFCOM and created, supplied or otherwise made available an AI chatbot which breached the provisions in those sections in the exercise of OFCOM's online safety functions under the Online Safety Act 2023, (c) were red-teaming or testing the product, for the purposes of ensuring its compatibility with applicable legislation or guidance, or (d) both- (i) took reasonable steps to avoid committing the offence, including conducting a written risk assessment on the likelihood of the AI chatbot in question producing content specified in those sections, and (ii) provided accessible and transparent means with which users could report content produced by the AI chatbot in question of the kind specified in those sections."

372

After Clause 196, insert the following new Clause- "Right not to be subject to serious harm and injunctive relief (1) A person (“P”) has a right not to be subject to serious harm as a result of the making available to them, through an AI chatbot, of content of the type described in subsection (2) of section (AI chatbots: content promoting terrorist and national security offences) or subsection (4) of section (AI chatbots: offence). (2) If, on an application by P, a court is satisfied that there has been, or there is a serious and imminent risk of, an infringement of their right under subsection (1), a court may make an order for the purposes of securing compliance with that right, which requires the provider of the AI chatbot in question – (a) to take steps specified in the order, or (b) to refrain from taking steps specified in the order. (3) The order may, in relation to each step, specify the time at which, or the period within which, it must be taken. (4) For the purposes of this section- (a) the provider of an AI chatbot is the entity that has control over which content is published or displayed on or through it; (b) if no entity has control over which content is published or displayed on or through the AI chatbot, but an individual or individuals have control over the same, the provider of the AI chatbot is that individual or those individuals; (c) the provider of an AI chatbot that is generated by a machine is the entity that controls the machine (and that entity alone); and (d) if no entity controls the machine, but an individual or individuals control it, the provider of the AI chatbot is that individual or those individuals."

373

Clause 197, page 228, line 6, at end insert- "(za) sections 40 and 41; (zb) section (Child criminal exploitation prevention orders: Scotland and Northern Ireland)(1) and Schedule (CCE prevention orders: Scotland);”

374

Clause 197, page 228, line 7, at end insert- “(aa) sections (Child sexual abuse image-generators: Scotland) and (Possession of advice or guidance about child sexual abuse or CSA images: Scotland);"

375

Clause 197, page 228, line 7, at end insert- “(aa) section (Pornographic images of strangulation or suffocation: Scotland);"

376

Clause 197, page 228, line 15, at end insert- “(za) section (Remote sale of knives etc: Northern Ireland);”

377

Clause 197, page 228, line 15, at end insert- “(za) sections (Remote sale and letting of crossbows: Northern Ireland), (Delivery of crossbows: Northern Ireland), and (Sale and delivery of crossbows: Northern Ireland: supplementary provision);"

378

Clause 197, page 228, line 15, at end insert- "(za) section (Duty to report remote sale of knives etc in bulk: Northern Ireland);"

379

Clause 197, page 228, line 15, at end insert- "sections 40 and 41; (zb) section (Child criminal exploitation prevention orders: Scotland and Northern Ireland)(2) and Schedule (CCE prevention orders: Northern Ireland);"

380

Clause 197, page 228, line 16, at end insert- "(aa) section (Child sexual abuse image-generators: Northern Ireland);”

381

Clause 197, page 228, line 16, at end insert- "(aa) section (Pornographic images of strangulation or suffocation: England and Wales and Northern Ireland);”

382

Clause 197, page 228, line 18, at end insert- "(ca) section (Child abduction: Northern Ireland);"

383

Clause 198, page 228, line 38, after “section” insert “51(6),”

384

Clause 198, page 228, line 38, after “81,” insert “(Obscenity etc offences: technology testing defence), (Technology testing defence: meaning of “relevant offence”),”

385

Clause 198, page 228, line 39, after “133(7)” insert “, (Notification requirements for child cruelty offenders), (Notification requirements for child cruelty offenders: power to amend Schedule (Notification requirements for child cruelty offenders: child cruelty offences)),”

386

Clause 199, page 229, line 16, at end insert- “(c) regulations under paragraph 10(4) of Schedule (CCE prevention orders: Scotland)."

387

Clause 199, page 229, line 29, at end insert — "(c) regulations under paragraph 10(6) of Schedule (CCE prevention orders: Northern Ireland)."

388

Clause 199, page 229, line 33, after “by” insert “Welsh”

389

Clause 199, page 229, line 35, leave out subsection (8) and insert- "(8) Regulations made by the Welsh Ministers under section 192 are subject to the Senedd annulment procedure (see section 37E of the Legislation (Wales) Act 2019 (anaw 4))."

390

Clause 199, page 229, line 38, at end insert- “regulations” means regulations under any provision of this Act except section 201."

391

Clause 200, page 230, line 7, after “40” insert “(1) to (4)”

392

Clause 200, page 230, line 9, at end insert- "(fa) section 63(3);"

393

Clause 200, page 230, line 10, at end insert “and Schedule 7”

394

Clause 200, page 230, line 10, at end insert- "(ga) section (Sexual offences against children under 16)(4);”

395

Clause 200, page 230, line 13, at end insert- “(ja) section (Purported intimate image generators)(5);"

396

Clause 200, page 230, line 13, at end insert- "(ja) sections (Taking down intimate image content) and (Taking down intimate image content: consequential amendments);"

397

Clause 200, page 230, line 13, at end insert- “(ja) section (Pornographic images of strangulation or suffocation: England and Wales and Northern Ireland)(5);"

398

Clause 200, page 230, line 13, at end insert- “(ja) section (Pornographic images of sex between relatives)(7);"

399

Clause 200, page 230, line 13, at end insert- "(ja) sections (Obscenity etc offences: technology testing defence) and (Technology testing defence: meaning of “relevant offence”);"

400

Clause 200, page 230, line 13, at end insert- "(ja) section (Sexual activity with an animal)(5);"

401

Clause 200, page 230, line 18, at end insert- “(oa) section (Aggravated Offences)(9);"

402

Clause 200, page 230, line 24, after “146(2)” insert “to (4)”

403

Clause 200, page 230, line 24, at end insert- "(ua) sections 152 to 155;"

404

Clause 200, page 230, line 24, at end insert- "(ua) section 156(9);"

405

Clause 200, page 230, line 27, after “Part” insert “(except section (OFCOM's notices to providers of internet services)(1))”

406

Clause 200, page 230, line 28, leave out “paragraph” and insert “paragraphs 14,"

407

Clause 200, page 230, line 28, after “18” insert “and 22”

408

Clause 200, page 230, line 29, after “Sections” insert “33(1), (2A) and (3), 34, 35(1) and (2),”

409

Clause 200, page 230, line 29, after “Sections” insert “36(1),”

410

Clause 200, page 230, line 30, after “(4),” insert “(Pornographic images of strangulation or suffocation: England and Wales and Northern Ireland)(1) to (3),”

411

Clause 200, page 230, line 30, after “(4),” insert “(Pornographic images of sex between relatives)(2) and (3),”

412

Clause 200, page 230, line 33, after “Sections” insert “(Remote sale of knives etc: Northern Ireland),"

413

Clause 200, page 230, line 33, after “Sections” insert “(Remote sale and letting of crossbows: Northern Ireland), (Delivery of crossbows: Northern Ireland), (Sale and delivery of crossbows: Northern Ireland: supplementary provision)(1) to (3),"

414

Clause 200, page 230, line 33, after “Sections” insert “(Duty to report remote sale of knives etc in bulk: Northern Ireland)(1) to (3)"

415

Clause 200, page 230, line 33, after “Sections” insert “(Child criminal exploitation prevention orders: Scotland and Northern Ireland)(2),”

416

Clause 200, page 230, line 33, after “61,” insert “94(3),”

417

Clause 200, page 230, line 33, after “61” insert “(Stalking protection orders: Northern Ireland), (Guidance about disclosure of information by police: Northern Ireland)”

418

Clause 200, page 230, line 33, after “61,” insert “(Child abduction: Northern Ireland),”

419

Clause 200, page 230, line 33, after “61” insert “(Safeguarding vulnerable groups: regulated activity (Northern Ireland))”

420

Clause 200, page 230, line 33, after “188,” insert “Schedule (CCE prevention orders: Northern Ireland)"

421

Clause 200, page 230, line 35, after “Section” insert “(Remote sale or letting of knives etc: Scotland)"

422

Clause 200, page 230, line 35, after “Section” insert “(Child criminal exploitation prevention orders: Scotland and Northern Ireland)(1) and”

423

Clause 200, page 230, line 35, after “Section” insert “(Pornographic images of strangulation or suffocation: Scotland),”

424

Clause 200, page 230, line 35, after “145(3)” insert “, Schedule (CCE prevention orders: Scotland)"

425

Clause 200, page 230, line 38, leave out “or” and insert “to”

426

Clause 200, page 230, line 39, at end insert- "(ba) sections 33(2B) and 35(3) and (4);"

427

Clause 200, page 230, line 39, at end insert- "(ba) section 36(2);"

428

Clause 200, page 230, line 39, at end insert- "(ba) section (Sale and delivery of crossbows: Northern Ireland: supplementary provision)(4);"

429

Clause 200, page 230, line 39, at end insert — “(ba) section (Duty to report remote sale of knives etc in bulk: Northern Ireland)(4);"

430

Clause 200, page 230, line 39, at end insert— "(ba) section (Application of Firearms Acts to sound moderators etc) and Schedule (Sound moderators etc: exemptions);"

431

Clause 200, page 231, line 1, at end insert- "(ca) section (Child sexual abuse image-generators: Northern Ireland);”

432

Clause 200, page 231, line 1, at end insert- “(ca) section (Child sexual abuse image-generators: Scotland);”

433

Clause 200, page 231, line 2, at end insert- "(da) section (Possession of advice or guidance about child sexual abuse or CSA images: Scotland)"

434

Clause 200, page 231, line 2, at end insert- "(da) section 86(2);"

435

Clause 200, page 231, line 9, at end insert- "(ka) section (Return to unauthorised encampments: prohibited period);"

436

Clause 200, page 231, line 15, leave out paragraph (q)

437

Clause 200, page 231, line 15, at end insert- "(qa) Schedule (Sexual offences against children under 16: consequential amendments);"

438

Clause 201, page 231, line 40, at end insert- “(ba) sections (Notification requirements for child cruelty offenders), (Notification requirements for child cruelty offenders: enforcement), (Notification requirements for child cruelty offenders: power to amend Schedule (Notification requirements for child cruelty offenders: child cruelty offences)) and (Notification requirements for child cruelty offenders: interpretation) and Schedule (Notification requirements for child cruelty offenders: child cruelty offences);”

439

Clause 201, page 232, line 1, at end insert- "(ca) section (Proscription status of Iran-related entities: review);"

440

Clause 201, page 232, line 3, leave out “section” and insert “sections 195 and”

441

Clause 201, page 232, line 3, after “196” insert “, (OFCOM’s notices to providers of internet services)"

442

Clause 201, page 232, line 7, at end insert- “(ba) sections (Obscenity etc offences: technology testing defence) and (Technology testing defence: meaning of “relevant offence");"

443

Clause 201, page 232, line 9, at end insert- “(da) section (Return to unauthorised encampments: prohibited period);"

444

Clause 201, page 232, line 22, after “Sections” insert “32,”

445

Clause 201, page 232, line 22, after “94(2)” insert “and (3)”

446

Clause 201, page 232, line 25, leave out “order” and insert “regulations”

447

Clause 201, page 232, line 29, at end insert- "(za) section (Remote sale of knives etc: Northern Ireland);”

448

Clause 201, page 232, line 29, at end insert- “(za) sections (Remote sale and letting of crossbows: Northern Ireland) and (Delivery of crossbows: Northern Ireland); (zb) section (Sale and delivery of crossbows: Northern Ireland: supplementary provision)(1) to (3), and section (Sale and delivery of crossbows: Northern Ireland: supplementary provision)(4) so far as extending to Northern Ireland;"

449

Clause 201, page 232, line 29, at end insert- "(za) section (Duty to report remote sale of knives etc in bulk: Northern Ireland)(1) to (3), and section (Duty to report remote sale of knives etc in bulk: Northern Ireland)(4) so far as extending to Northern Ireland;”

450

Clause 201, page 232, line 29, at end insert— "(za) section (Child criminal exploitation prevention orders: Scotland and Northern Ireland)(2) and Schedule (CCE prevention orders: Northern Ireland);”

451

Clause 201, page 232, line 29, at end insert- “(za) section (Child sexual abuse image-generators: Northern Ireland) so far as extending to Northern Ireland;"

452

Clause 201, page 232, line 31, at end insert- "(aa) section 94(3);"

453

Clause 201, page 232, line 31, at end insert- "(aa) sections (Stalking protection orders: Northern Ireland) and (Guidance about disclosure of information by police: Northern Ireland);”

454

Clause 201, page 232, line 32, after “sections” insert “(Pornographic images of strangulation or suffocation: England and Wales and Northern Ireland)(1) to (3),”

455

Clause 201, page 232, line 32, at end insert- "(ba) section (Child abduction: Northern Ireland);”

456

Clause 201, page 232, line 33, at end insert- "(8A) Section (Safeguarding vulnerable groups: regulated activity (Northern Ireland)) comes into force on such day as the Department of Health in Northern Ireland may by order appoint.”

457

Clause 201, page 232, line 34, at beginning insert “Sections (Child sexual abuse image-generators: Scotland) and (Possession of advice or guidance about child sexual abuse or CSA images: Scotland) so far as extending to Scotland,”

458

Clause 201, page 232, line 34, after “Section” insert “(Remote sale or letting of knives etc: Scotland)"

459

Clause 201, page 232, line 34, after “Section” insert “33 to 35, so far as extending to Scotland”

460

Clause 201, page 232, line 34, after “Section” insert “(Child criminal exploitation prevention orders: Scotland and Northern Ireland)(1)”

461

Clause 201, page 232, line 34, after “Section” insert “(Pornographic images of strangulation or suffocation: Scotland),”

462

Clause 201, page 232, line 34, after “145(3)” insert “, Schedule (CCE prevention orders: Scotland)"

463

Clause 201, page 232, line 35, leave out “order” and insert “regulations”

464

Clause 201, page 232, line 36, after “order” insert “or regulations”

465

Clause 201, page 232, line 36, after “(8)” insert “(8A)”

466

Clause 201, page 233, line 1, leave out “an order” and insert “regulations”

467