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295A: 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.(3) “Prohibited material” means anything in relation to which a relevant offence may be committed.(4) The regulations may make provision about authorisations by the Secretary of State to carry out technology testing activities, including provision—(a) for authorisations to be subject to conditions (which may be specified in the regulations or determined by the Secretary of State);(b) for the variation, suspension, or withdrawal of authorisations and conditions;(c) for the enforcement of any breaches of conditions (which may include provision creating criminal offences punishable with a fine);(d) for fees to be payable to the Secretary of State, as a means of recovering costs incurred by the Secretary of State in exercising functions under the regulations.(5) The Secretary of State must consult the Scottish Ministers before making regulations under this section containing provision that would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament. (6) The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under this section containing provision that—(a) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and(b) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.”Member's explanatory statement
This new clause creates a power to make regulations providing a defence to certain offences which may be committed in the course of technology testing, where the technology testing is authorised by the Secretary of State.