Crime and Policing Bill (Thirteenth sitting)

Joe Robertson Excerpts

Committee stage
Thursday 8th May 2025 Public Bill Committees

[Joe Robertson (Isle of Wight East) (Con)]

I thank the Minister for setting out in detail the provisions for where crossbows are sold and the seller is not in the presence of the buyer. On providing identity documents and photographic evidence, is she concerned that the wording that she used is vague and that there is scope for providing false documents? Perhaps she could reassure me that, in some cases, copies would certified by a solicitor or someone of sufficient standing in the community—whatever the wording might be. I am concerned that false documents could be provided, but perhaps there is provision to stop that.

[Dame Diana Johnson]

I am grateful to the hon. Gentleman for that point, and it is of concern to me as the Minister. We are introducing this new procedure because we think that the current legislation around buying and delivering is not strong enough. I take his point and I will reflect on it. It may be—I do need to think about it—that it would be onerous to have certified copies. We want to get this right, however, and ensure that accurate legal documents are used, so I will come back to that point.

I will return to the new clauses, so that the Committee is clear about what they will do. New clause 70 also provides for a new offence on the part of the courier or the person delivering on their behalf, equivalent to the new offence that I have described for the delivery of a knife. The courier or person delivering on behalf of the courier must provide the crossbow or parts of crossbows only into the hands of the actual buyer, and only at the address that the buyer provided at the outset. If the courier or person delivering on behalf of the courier fails to do that, they will commit a summary offence attracting a maximum penalty of an unlimited fine.

It will be a defence, however, for the courier or person delivering on behalf of the courier to show that they have checked an official identity document, and that the ID has the name of the person indicated by the seller, that it shows that the holder is over 18, and that as far as they can tell, the picture in the identity document is of the person at the doorstep. Where businesses hire out or let crossbows for corporate events or entertainment—something that I did not know happened, but apparently does—and do so online, the age-verification measures will apply to the hire and delivery of the crossbows where the hirer is an individual. New clause 71 also provides a power for the Secretary of State to issue statutory guidance on the new offence under the Crossbows Act 1987.

Turning to the reportable sale of knives, new clause 68 introduces a requirement to report all sales of knives where they are made remotely, including online sales. That will help the police to tackle what is called the grey market—the resale of knives on social media. The police tell us that grey market sellers act irresponsibly. For example, they promote knives as weapons, which is unlawful, and they do not conduct age-verification checks. The new clause will give the police information that will enable them to act. Sellers who do not comply will be liable to a fine.

Sales are reportable where six knives or more, or two or more qualifying sets of knives such as a block of knives, or one or more qualifying set together with five or more knives, are sold remotely in one sale and are to be delivered to the same residential address in England or Wales. The reporting requirement is also triggered when multiple sales meeting those limits are made to the same person or the same residential address in England or Wales within a 30-day period.

--- Later in debate ---

[Dame Diana Johnson]

Thank you, Mr Pritchard. I wanted to make it clear that the documents that are being talked about in relation to proving identity are passports and driving licences. I take the point that the hon. Member for Isle of Wight East raised with me in his intervention, but those are the two documents that will be looked at and provided. We will want to make sure that this works, and in the future, other documents may well need to be added to that list. However, just to be clear, it is those two documents.

As I have also said, we would expect that a person who is delivering would look at those documents. I do not really want to get into how those documents can be forged, because that is obviously an issue that is on the hon. Gentleman’s mind, but at the moment those are the two documents, and we would expect them to be examined by a delivery driver or courier when the items are delivered.

[Joe Robertson]

I thank the Minister; that is helpful. Those documents are obviously very hard to forge, so I was not suggesting that they might be forged. My question was about was the possibility—I may simply be wrong here—of someone else presenting those documents. They are not forgeries; they are simply not the passport or driving licence of the buyer. Clearly, if the buyer has to be present when they present those documents to the person making the delivery, there is plainly not an issue, so I welcome that.

[Dame Diana Johnson]

I am glad that the hon. Gentleman is clear. As we have said, photographic identity has to be provided at the beginning of the process—at the point of sale—as well as the identity document, to ensure it matches up.

With that, I commend these measures to the Committee.

Question put and agreed to.

New clause 66 accordingly read a Second time, and added to the Bill.

New Clause 67

Delivery of knives etc

“(1) The Offensive Weapons Act 2019 is amended as follows.

(2) After section 39 insert—

‘39A Defences to offence under section 38: England and Wales

(1) It is a defence for a person charged in England and Wales with an offence under section 38(2) of delivering a bladed product to residential premises to show that the delivery conditions were met.

(2) It is a defence for a person (“the seller”) charged in England and Wales with an offence under section 38(2) of arranging for the delivery of a bladed product to residential premises to show that—

(a) the arrangement required the person with whom it was made not to finally deliver the bladed product unless the delivery conditions were met, and

(b) the seller took all reasonable precautions and exercised all due diligence to ensure that the product would not be finally delivered unless the delivery conditions were met.

(3) It is a defence for a person charged in England and Wales with an offence under section 38(3) to show that they took all reasonable precautions and exercised all due diligence to avoid commission of the offence.

(4) The delivery conditions are that—

(a) the person (“P”) into whose hands the bladed product was finally delivered showed the person delivering it an identity document issued to P, and

(b) on the basis of that document a reasonable person would have been satisfied—

(i) that P was over 18, and

(ii) if the buyer was an individual, that P was the buyer.

(5) In subsection (4) “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 3 of the Road Traffic 1988 or under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1));

(d) any other document specified in regulations made by the Secretary of State.

(6) A person is to be taken to have shown a matter for the purposes of this section 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.

(7) The Secretary of State may by regulations provide for other defences for a person charged in England and Wales with an offence under section 38.’

(3) After section 40 insert—

‘40A Delivery of bladed products sold by UK seller to residential premises: England and Wales

(1) This section applies if—

(a) a person (“the seller”) sells a bladed product to another person (“the buyer”),

(b) the seller and the buyer are not in each other’s presence at the time of the sale and the seller is within the United Kingdom at that time,

(c) before the sale the seller entered into an arrangement with a person (“the courier”) by which the courier agreed to deliver bladed products for the seller,

(d) the courier was aware when they entered into the arrangement that it covered the delivery of bladed products, and

(e) pursuant to the arrangement, the courier finally delivers the bladed product to residential premises in England or Wales.

(2) The courier commits an offence if, when they finally deliver the bladed product to residential premises in England and Wales, they do not deliver it into the hands of a person who—

(a) is aged 18 or over, and

(b) if the buyer is an individual, is the buyer.

(3) A person finally delivering the bladed product to residential premises in England and Wales on behalf of the courier commits an offence if, when they deliver it, they do not deliver it into the hands of a person who—

(a) is aged 18 or over, and

(b) if the buyer is an individual, is the buyer.

(4) It is a defence for a person charged with an offence under subsection (2) to show that the delivery conditions (within the meaning of section 39A(4)) were met.

(5) It is a defence for a person charged with an offence under subsection (3) to show that—

(a) the delivery conditions (within the meaning of section 39A(4)) were met, or

(b) the person did not know, and a reasonable person would not have known, that the person was delivering a bladed product.

(6) A person is to be taken to have shown a matter for the purposes of this section 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.

(7) A person guilty of an offence under this section is liable on summary conviction to a fine.

(8) Section 39(2) to (5) applies for the purposes of subsection (1)(b) and (e) as it applies for the purposes of section 39(1)(b) and (e).

(9) The Secretary of State may by regulations provide for other defences for a person charged with an offence under this section.’

(4) After section 42 insert—

‘42A Delivery of bladed articles sold by non-UK seller to premises: England and Wales

(1) This section applies if—

(a) a person (“the seller”) sells a bladed article to another person (“the buyer”),

(b) the seller and the buyer are not in each other’s presence at the time of the sale and the seller is outside the United Kingdom at that time,

(c) before the sale the seller entered into an arrangement with a person (“the courier”) by which the courier agreed to deliver bladed articles for the seller,

(d) the courier was aware when they entered into the arrangement that it covered the delivery of bladed articles, and

(e) pursuant to the arrangement, the courier finally delivers the bladed article to premises in England or Wales.

(2) The courier commits an offence if, when they finally deliver the bladed article, they do not deliver it into the hands of a person who—

(a) is aged 18 or over, and

(b) if the buyer is an individual, is the buyer.

(3) A person finally delivering the bladed article on behalf of the courier commits an offence if, when they deliver the bladed article, they do not deliver it into the hands of a person who—

(a) is aged 18 or over, and

(b) if the buyer is an individual, is the buyer.

(4) It is a defence for a person charged with an offence under subsection (2) to show that the delivery conditions were met.

(5) It is a defence for a person charged with an offence under subsection (3) to show that—

(a) the delivery conditions were met, or

(b) the person did not know, and a reasonable person would not have known, that the person was delivering a bladed article.

(6) A person is to be taken to have shown a matter for the purposes of this section 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.

(7) A person guilty of an offence under this section is liable on summary conviction to a fine.

(8) Section 42(2) and (3) applies for the purposes of subsection (1)(b) as it applies for the purposes of section 42(1)(b).

(9) In this section—

“bladed article” means an article to which section 141A of the Criminal Justice Act 1988 applies (as that section has effect in relation to England and Wales);

“delivery conditions” has the meaning given by section 39A(4), but reading the reference in that section to a bladed product as a reference to a bladed article.’

(5) In section 38(10) (offences) for “section” substitute “sections 39A and”.

(6) In section 39 (delivery of bladed products to persons under 18)—

(a) in the heading, at the end insert “: Scotland and Northern Ireland”;

(b) in subsection (1)(e) after “premises” insert “in Scotland or Northern Ireland”;

(c) in subsection (7) omit paragraph (a).

(7) In section 40 (defences to delivery offences under sections 38 and 39)—

(a) in the heading, after “39” insert “: Scotland and Northern Ireland”;

(b) in subsection (1) after “charged” insert “in Scotland or Northern Ireland”;

(c) in subsection (2) after “charged” insert “in Scotland or Northern Ireland”;

(d) in subsection (3) after “charged” insert “in Scotland or Northern Ireland”;

(e) in subsection (4) after “charged” insert “in Scotland or Northern Ireland”;

(f) in subsection (5) after “charged” insert “in Scotland or Northern Ireland”;

(g) in subsection (6) after “charged” insert “in Scotland or Northern Ireland”;

(h) in subsection (7), omit “England and Wales or”;

(i) in subsection (14), in the definition of “appropriate national authority” omit paragraph (a).

(8) In section 41 (meaning of “bladed product” in sections 38 to 40)—

(a) in the heading, for “40” substitute “40A”;

(b) in subsection (1) for “40” substitute “40A”;

(c) in subsection (2) for “40” substitute “40A”.

(9) In section 42 (delivery of knives etc pursuant to arrangement with seller outside UK)—

(a) in the heading, at the end insert “: Scotland and Northern Ireland”;

(b) in subsection (1)(e), after “article” insert “to premises in Scotland or Northern Ireland”;

(c) in subsection (5) omit “England and Wales or”;

(d) omit subsection (10)(a);

(e) omit subsection (11)(a).

(10) In section 66(1)(j) (guidance on offences relating to offensive weapons etc) for “42” substitute “42A”.

(11) In section 68 (regulations and orders)—

(a) in subsection (2) after “State” insert, “, except for regulations under section 39A(5)(d),”;

(b) after subsection (2) insert—

“(2A) A statutory instrument containing regulations under section 39A(5)(d) is subject to annulment in pursuance of a resolution of either House of Parliament.”’”—(Dame Diana Johnson.)

This new clause makes changes to the offences and defences relating to delivery of knives to premises in England and Wales following a remote sale.

Brought up, read the First and Second time, and added to the Bill.

New Clause 68

Duty to report remote sales of knives etc in bulk: England and Wales

“(1) In the Criminal Justice Act 1988, after section 141C insert—

‘141D Duty to report remote sales of knives etc in bulk: England and Wales

(1) A person (“the seller”) must, in accordance with requirements specified in regulations made by the Secretary of State by statutory instrument, report to the person specified in the regulations any reportable sales the seller makes of bladed articles.

(2) A reportable sale of bladed articles occurs where the seller, in any of the ways set out in subsection (4), sells—

(a) six or more bladed articles, none of which form a qualifying set of bladed articles;

(b) two or more qualifying sets of bladed articles;

(c) one or more qualifying sets of bladed articles and five or more bladed articles that do not form a qualifying set.

(3) “Qualifying set of bladed articles” means three or more bladed articles packaged together for sale as a single item, where each bladed article is a different size or shape from the others.

(4) The ways are—

(a) in a single remote sale where the bladed articles are to be delivered to an address in England and Wales, or

(b) in two or more remote sales in any period of 30 days—

(i) to one person, where the bladed articles are to be delivered to one or more addresses in England and Wales, or

(ii) to two or more persons, where the bladed articles are to be delivered to the same residential premises in England and Wales.

(5) A sale of bladed articles is “remote” if the seller and the person to whom the bladed article is sold are not in each other’s presence at the time of the sale.

(6) For the purposes of subsection (5) 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.

(7) A sale is not reportable if the person to whom the articles are sold (“the buyer”)—

(a) informs the seller that the buyer is carrying on a business, and

(b) is—

(i) registered for value added tax under the Value Added Tax Act 1994, or

(ii) registered as a company under the Companies Act 2006.

(8) A person who fails to comply with subsection (1) commits an offence.

(9) It is a defence for a person charged with an offence under subsection (8) to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence.

(10) A person is to be taken to have shown a matter for the purposes of this section 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.

(11) A person who commits an offence under subsection (8) is liable on summary conviction to a fine.

(12) In this section—

“bladed article” means an article to which section 141A applies (as that section has effect in relation to England and Wales), other than a knife which does not have a sharp point and is designed for eating food;

“residential premises” means premises used for residential purposes (whether or not also used for other purposes).

(13) Regulations made by the Secretary of State under subsection (1) may in particular include requirements about—

(a) how reports are to be made,

(b) when reports to be made, and

(c) the information reports must include.

(14) A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

(15) The Secretary of State may by regulations made by statutory instrument amend—

(a) the number of bladed articles specified in subsection (2)(a);

(b) the number of qualifying sets specified in subsection (2)(b);

(c) the number of qualifying sets specified in subsection (2)(c);

(d) the number of bladed articles specified in subsection (2)(c);

(e) the period specified in subsection (4)(b).

(16) A statutory instrument containing regulations under subsection (15) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.’

(2) In the Offensive Weapons Act 2019, in section 66(1) (guidance on offences relating to offensive weapons etc) after paragraph (g) insert—

‘(ga) section 141D of that Act (duty to report remote sales of knives etc in bulk: England and Wales),’”—(Dame Diana Johnson.)

This new clause imposes a requirement on sellers of bladed articles to report bulk sales to a person specified in regulations.

Brought up, read the First and Second time, and added to the Bill.

New Clause 69

Remote sale and letting of crossbows

“(1) The Crossbows Act 1987 is amended as follows.

(2) In section 1 omit ‘unless he believes him to be eighteen years or older and has reasonable grounds for the belief’.

(3) After section 1A insert—

‘1B Defences to offence under section 1: England and Wales

(1) It is a defence for a person charged 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.

(2) Subsection (3) applies if—

(a) a person (“A”) is charged with an offence under section 1, 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.

(3) A is not to be regarded as having shown that A took all reasonable precautions and exercised all due diligence to avoid the commission of the offence unless, as a minimum, A shows that the following conditions are met.

(4) Condition 1 is that, before the sale or letting on hire—

(a) A obtained from B—

(i) a copy of an identity document issued to B, and

(ii) a photograph of B, and

(b) on the basis of the things obtained under paragraph (a), a reasonable person would have been satisfied that B was aged 18 or over.

(5) For the purposes of subsection (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 3 of the Road Traffic 1988 or under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1));

(d) any other document specified in regulations made by the Secretary of State.

(6) Condition 2 is that when the package containing the crossbow or part of the crossbow was dispatched by A, it was clearly marked to indicate—

(a) that it contained a crossbow or part of a crossbow, and

(b) that, when finally delivered, it should only be delivered into the hands of B.

(7) Condition 3 is that A took all reasonable precautions and exercised all due diligence to ensure that, when finally delivered, the package would be delivered into the hands of B.

(8) Condition 4 is that A did not deliver the package, or arrange for its delivery, to a locker.

(9) Where the crossbow or part of a crossbow was dispatched by A to a place from which it was to be collected by B, references in subsections (6) and (7) to its final delivery are to be read as its supply to B from that place.

(10) In subsection (8) “locker” means a lockable container to which the package is delivered with a view to its collection by B, or a person acting on behalf of B, in accordance with arrangements made between A and B.’”—(Dame Diana Johnson.)

This new clause makes changes to the defences available to a person who sells crossbows etc to under 18s, in contravention of section 1 of the Crossbows Act 1987, where the sale is made remotely (e.g. online).

Brought up, read the First and Second time, and added to the Bill.

New Clause 70

Delivery of crossbows

“In the Crossbows Act 1987, after section 1B (inserted by section (Remote sale and letting of crossbows)) insert—

‘1C Offence of seller delivering crossbows or parts of crossbows to residential premises in England or Wales

(1) This section 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 in England or Wales, or

(b) arranges for its delivery to residential premises in England or Wales.

(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 in England or Wales, or

(b) arranges for its delivery to a locker in England or Wales.

(4) In subsection (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 behalf of B, in accordance with arrangements made between A and B.

(5) A person guilty of 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 (or both).

(6) The “maximum term for summary offences”, in relation to an offence, 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.

1D Defences to offences under section 1C

(1) It is a defence for a person charged with an offence under section 1C(2)(a) to show that the delivery conditions were met.

(2) It is a defence for a person charged with an offence under section 1C(2)(b) to show that—

(a) the arrangement required the person with whom it was made not to finally deliver the crossbow or part of a crossbow unless the delivery conditions were met, and

(b) the person charged with the offence took all reasonable precautions and exercised all due diligence to ensure that the crossbow or part of a crossbow would not be finally delivered unless the delivery conditions were met.

(3) It is a defence for a person charged with an offence under section 1C(3) to show that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(4) For the purposes of this section the delivery conditions are that—

(a) the person (“P”) into whose hands the crossbow or part of a crossbow was finally delivered showed the person delivering it an identity document issued to P, and

(b) on the basis of that document a reasonable person would have been satisfied—

(i) that P was over 18, and

(ii) if the person to whom the crossbow or part of the crossbow was sold or let on hire was an individual, that P was that individual.

(5) “Identity document” has the same meaning as in section 1B(5).

(6) The Secretary of State may by regulations provide for other defences for a person charged with an offence under section 1C.

1E Offence of delivery business delivering crossbows or parts of crossbows to residential premises in England and Wales on behalf of UK seller

(1) This section applies if—

(a) a person (“A”) sells or lets for hire a crossbow or part of a crossbow to another person (“B”),

(b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time,

(c) before the sale or letting on hire A entered into an arrangement with a person (“C”) by which C agreed to deliver crossbows or parts of crossbows for A,

(d) C was aware when they entered into the arrangement that it covered the delivery of crossbows or parts of crossbows, and

(e) pursuant to the arrangement, C finally delivers the crossbow or part of a crossbow to residential premises in England or Wales.

(2) For the purposes of subsection (1)(b) a person other than an individual 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.

(3) C commits an offence if, when they finally deliver the crossbow or part of a crossbow to residential premises in England or Wales, they do not deliver it into the hands of a person who—

(a) is aged 18 or over, and

(b) if the person to whom the crossbow or part of the crossbow was sold or let on hire is an individual, is that individual.

(4) A person finally delivering the crossbow or part of a crossbow to residential premises in England or Wales on behalf of C commits an offence if, when they deliver it, they do not deliver it into the hands of a person who—

(a) is aged 18 or over, and

(b) if the person to whom the crossbow or part of the crossbow was sold or let on hire is an individual, is that individual.

(5) It is a defence for a person charged with an offence under subsection (3) to show that the delivery conditions (within the meaning of section 1D(4)) were met.

(6) It is a defence for a person charged with an offence under subsection (4) to show that—

(a) the delivery conditions (within the meaning of section 1D(4)) were met, or

(b) the person did not know, and a reasonable person would not have known, that the person was delivering a crossbow or part of a crossbow.

(7) The Secretary of State may by regulations provide for other defences for a person charged with an offence under this section.

(8) A person guilty of an offence under this section is liable on summary conviction to a fine.

1F Offence of delivery business delivering crossbows or parts of crossbows to premises in England and Wales on behalf of non-UK seller

(1) This section applies if—

(a) a person (“A”) sells or lets for hire a crossbow or part of a crossbow to another person (“B”),

(b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is outside the United Kingdom at that time,

(c) before the sale or letting on hire A entered into an arrangement with a person (“C”) by which C agreed to deliver crossbows or parts of crossbows for A,

(d) C was aware when they entered into the arrangement that it covered the delivery of crossbows or parts of crossbows, and

(e) pursuant to the arrangement, C finally delivers the crossbow or part of a crossbow to premises in England and Wales.

(2) For the purposes of subsection (1)(b) a person other than an individual 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.

(3) C commits an offence if, when they finally deliver the crossbow or part of a crossbow to premises in England or Wales, they do not deliver it into the hands of a person who—

(a) is aged 18 or over, and

(b) if the person to whom the crossbow or part of the crossbow was sold or let on hire is an individual, is that individual.

(4) Any person finally delivering the crossbow or part of a crossbow to premises in England or Wales on behalf of C commits an offence if, when they deliver it, they do not deliver it into the hands of a person who—

(a) is aged 18 or over, and

(b) if the person to whom the crossbow or part of the crossbow was sold or let on hire is an individual, is that individual.

(5) A person guilty of an offence under this section is liable on summary conviction to a fine.

(6) It is a defence for a person charged with an offence under subsection (3) to show that the delivery conditions (within the meaning of section 1D(4)) were met.

(7) It is a defence for a person charged with an offence under subsection (4) to show that—

(a) the delivery conditions (within the meaning of section 1D(4)) were met, or

(b) the person did not know, and a reasonable person would not have known, that the person was delivering a crossbow or part of a crossbow.’”—(Dame Diana Johnson.)

This new clause creates offences relating to delivery of crossbows to premises following a remote sale equivalent to the offences relating to knives in sections 38 to 42 of the Offensive Weapons Act 2019.

Brought up, read the First and Second time, and added to the Bill.

New Clause 71

Sale and delivery of crossbows: supplementary provision

“(1) After section 1F of the Crossbows Act 1987 (inserted by section (Delivery of crossbows)) insert—

‘1G Interpretation of sections 1B to 1F

(1) This section applies for the interpretation of sections 1B to 1F.

(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) “Residential premises” means premises used solely for residential purposes.

(4) The circumstances where premises are not residential premises include, in particular, where a person carries on a business from the premises.

(5) A person charged with an offence is 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.’

(2) After section 6 of the Crossbows Act 1987 insert—

‘6A Regulations

(1) Regulations made by the Secretary of State under this Act are to be made by statutory instrument.

(2) The Secretary of State may not make a statutory instrument containing (alone or with other provision) regulations under section 1D(6) or 1E(7) unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(3) Any other statutory instrument containing regulations made by the Secretary of State under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(3) In section 66(1) of the Offensive Weapons Act 2019 (guidance on offences relating to offensive weapons etc), after paragraph (ga) (inserted by section (Duty to report remote sales of knives etc in bulk: England and Wales) insert—

“(gb) any of sections 1 to 3 of the Crossbows Act 1987 (sale etc of crossbows) as they have effect in relation to England and Wales,”.’”—(Dame Diana Johnson.)

This new clause makes provision about the interpretation of the new sections added to the Crossbows Act 1987 by NC69 and NC70 and extends the guidance-making power in the Offensive Weapons Act 2019 to cover offences under the Crossbows Act 1987.

Brought up, read the First and Second time, and added to the Bill.

New Clause 72

“Relevant user-to-user services”, “relevant search services” and “service providers”

“(1) For the purposes of this Chapter—

(a) a ‘relevant search service’ is a search service other than an exempt service;

(b) a ‘relevant user-to-user service’ is a user-to-user service other than an exempt service.

(2) In subsection (1), ‘search service’ and ‘user-to-user service’ have the same meanings as in the Online Safety Act 2023 (the ‘2023 Act’) (see, in particular, section 3 of that Act).

(3) The following are exempt services for the purposes of subsection (1)—

(a) a service of a kind that is described in any of the following paragraphs of Schedule 1 to the 2023 Act (certain services exempt from regulation under that Act)—

(i) paragraph 1 or 2 (email, SMS and MMS services);

(ii) paragraph 3 (services offering one-to-one live aural communications);

(iii) paragraph 4 (limited functionality services);

(iv) paragraph 5 (services which enable combinations of user-generated content);

(v) paragraph 7 or 8 (internal business services);

(vi) paragraph 9 (services provided by public bodies);

(vii) paragraph 10 (services provided by persons providing education or childcare), or

(b) a service of a kind that is described in Schedule 2 to the 2023 Act (services that include regulated provider pornographic content).

(4) This Chapter does not apply in relation to a part of a relevant search service, or a part of a relevant user-to-user service, if the 2023 Act does not apply to that part of the service by virtue of section 5(1) or (2) of that Act.

(5) In this Chapter, ‘service provider’ means a provider of a relevant user-to-user service or a provider of a relevant search service.”—(Dame Diana Johnson.)

This new clause, which together with NC73, NC74, NC75, NC76, NC77, NC78, NC79, NC80, NC81, NC82, NC83, NC84, NC85, NC86 and NS1 are expected to form a new Chapter of Part 2 of the Bill, defines key terms used in the new Chapter.

Brought up, read the First and Second time, and added to the Bill.

New Clause 73

Coordinating officer

“(1) The Secretary of State must designate a member of a relevant police force or a National Crime Agency officer as the coordinating officer for the purposes of this Chapter.

(2) The coordinating officer may delegate any of the officer’s functions under this Chapter (to such extent as the officer may determine) to another member of a relevant police force or National Crime Agency officer.”—(Dame Diana Johnson.)

This new clause requires the Secretary of State to designate a “coordinating officer” to perform the functions conferred on that officer under the new Chapter referred to in the explanatory note for NC72.

Brought up, read the First and Second time, and added to the Bill.

New Clause 74

Notice requiring appointment of content manager

“(1) The coordinating officer may give a service provider a notice (an ‘appointment notice’) requiring the provider—

(a) either to—

(i) appoint an individual who meets the conditions in subsection (2) as the provider’s content manager for the purposes of this Chapter, or

(ii) if there is no such individual, confirm that is the case to the coordinating officer, and

(b) to provide the coordinating officer with the required information.

(2) The conditions are that the individual—

(a) plays a significant role in—

(i) the making of decisions about how a whole or substantial part of the service provider’s activities are to be managed or organised, or

(ii) the actual managing or organising of the whole or a substantial part of those activities, and

(b) is habitually resident in the United Kingdom.

(3) ‘Required information’ means—

(a) the contact details of any content manager appointed;

(b) an email address, or details of another means of contacting the service provider rapidly which is readily available, that may be used for the purpose of giving the provider a notice under this Chapter;

(c) information identifying the relevant user-to-user services, or (as the case may be) the relevant search services, provided by the provider.

(4) An appointment notice must—

(a) specify the period before the end of which the service provider must comply with the notice, and

(b) explain the potential consequences of the service provider failing to do so (see section (Failure to comply with content manager requirements: civil penalty)).

(5) The period specified under subsection (4)(a) must be at least seven days beginning with the day on which the notice is given.”—(Dame Diana Johnson.)

This new clause confers a power on the coordinating officer to require a service provider to appoint a senior executive as their “content manager” for the purposes of the new Chapter referred to in the explanatory note for NC72 or to confirm that there is no-one who meets the appointment conditions.

Brought up, read the First and Second time, and added to the Bill.

New Clause 75

Appointment of content manager following change of circumstances

“(1) This section applies where—

(a) the coordinating officer has given a service provider an appointment notice,

(b) the provider has confirmed to the officer (in accordance with the appointment notice or under section (Replacement of content manager)(5)(b)), that there is no individual who meets the conditions in section (Notice requiring appointment of content manager)(2), and

(c) at any time within the period of two years beginning with the day on which that confirmation was given, there is an individual who meets those conditions.

(2) The service provider must, before the end of the period of seven days beginning with the first day on which there is an individual who meets those conditions—

(a) appoint such an individual as the provider’s content manager for the purposes of this Chapter, and

(b) provide the coordinating officer with the content manager’s contact details.”—(Dame Diana Johnson.)

This new clause requires a service provider that at any time could not appoint a senior executive as its content manager when required to do so (because there was no-one who met the appointment conditions) to make an appointment if, following a change in circumstances within 2 years, there is someone who meets the conditions.

Brought up, read the First and Second time, and added to the Bill.

New Clause 76

Replacement of content manager

“(1) This section applies where a service provider has appointed an individual as the provider’s content manager (whether in accordance with an appointment notice or under section (Appointment of content manager following change of circumstances) or this section).

(2) The service provider may replace the provider’s content manager by appointing another individual who meets the conditions in section (Notice requiring appointment of content manager)(2) as the provider’s new content manager for the purposes of this Chapter.

(3) The service provider must, before the end of the period of seven days beginning with the day on which an appointment is made under subsection (2), provide the coordinating officer with the new content manager’s contact details.

(4) If the individual appointed as a service provider’s content manager ceases to meet any of the conditions in section (Notice requiring appointment of content manager)(2), the appointment ceases to have effect.

(5) The service provider must, before the end of the period of seven days beginning with the day on which an appointment ceases to have effect under subsection (4)—

(a) either—

(i) appoint another individual who meets the conditions in section (Notice requiring appointment of content manager)(2) as the provider’s content manager for the purposes of this Chapter, and

(ii) provide the coordinating officer with the new content manager’s contact details, or

(b) if there is no longer such an individual, confirm that is the case to the coordinating officer.”—(Dame Diana Johnson.)

This new clause makes provision for the appointment by a service provider of a replacement content manager, including in a case where the original content manager ceases to meet the appointment conditions (and so that appointment ceases to have effect).

Brought up, read the First and Second time, and added to the Bill.

New Clause 77

Duty to notify changes in required information

“(1) This section applies where a service provider has, in accordance with an appointment notice or under section (Appointment of content manager following change of circumstances)(2)(b) or (Replacement of content manager)(5)(a)(ii)provided the coordinating officer with required information.

(2) The service provider must give notice to the coordinating officer of any change in the required information.

(3) The notice must specify the date on which the change occurred.

(4) The notice must be given before the end of the period of seven days beginning with the day on which the change occurred.”—(Dame Diana Johnson.)

This new clause requires a service provider that has given the coordinating officer required information (as defined in NC74) to inform the officer of any changes in that information.

Brought up, read the First and Second time, and added to the Bill.

New Clause 78

Failure to comply with content manager requirements: civil penalty

“(1) This section applies if the coordinating officer has given a service provider an appointment notice and—

(a) the period specified in the notice as mentioned in (Notice requiring appointment of content manager)(4)(a) has expired without the provider having complied with the notice,

(b) the provider has failed to comply with a requirement under section (Appointment of content manager following change of circumstances), (Replacement of content manager) or (Duty to notify changes in required information),

(c) the provider, in purported compliance with a requirement to provide, or give notice of a change in, required information (whether in accordance with an appointment notice or under section (Appointment of content manager following change of circumstances)(2)(b), (Replacement of content manager) or (Duty to notify changes in required information)(2)) makes a statement that is false in a material particular, or

(d) the provider makes a statement that is false in giving the confirmation mentioned in section (Notice requiring appointment of content manager)(1)(a)(ii) or (Replacement of content manager)(5)(b).

(2) The coordinating officer may give the service provider a notice (a ‘penalty notice’) requiring the provider to pay a penalty of an amount not exceeding £60,000.

(3) In order to take account of changes in the value of money the Secretary of State may by regulations substitute another sum for the sum for the time being specified in subsection (2).

(4) Schedule (Civil penalties for service providers and content managers) makes further provision in connection with penalty notices given under this Chapter.” —(Dame Diana Johnson.)

This new clause confers a power on the coordinating officer to impose a monetary penalty of up to £60,000 on a service provider that fails to comply with various requirements imposed by an appointment notice or under NC75, NC76 and NC77.

Brought up, read the First and Second time, and added to the Bill.

New Clause 79

Unlawful weapons content

“(1) For the purposes of this Chapter, content is ‘unlawful weapons content’ in England and Wales if it is content that constitutes—

(a) an offence under section 1(1) of the Restriction of Offensive Weapons Act 1959 (offering to sell, hire, loan or give away etc a dangerous weapon),

(b) an offence under section 1 or 2 of the Knives Act 1997 (marketing of knives as suitable for combat etc and related publications), or

(c) an offence under section 141(1) of the Criminal Justice Act 1988 under the law of England and Wales (offering to sell, hire, loan or give away etc an offensive weapon).

(2) For the purposes of this Chapter, content is ‘unlawful weapons content’ in Scotland if it is content that constitutes—

(a) an offence within subsection (1)(a) or (b), or

(b) an offence under section 141(1) of the Criminal Justice Act 1988 under the law of Scotland.

(3) For the purposes of this Chapter, content is ‘unlawful weapons content’ in Northern Ireland if it is content that constitutes—

(a) an offence under Article 53 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160) (N.I. 24) (offering to sell, hire, loan or give away etc certain knives),

(b) an offence within subsection (1)(b), or

(c) an offence under section 141(1) of the Criminal Justice Act 1988 under the law of Northern Ireland.”—(Dame Diana Johnson.)

This new clause defines “unlawful weapons content” for the purposes of the new Chapter referred to in the explanatory note for NC72.

Brought up, read the First and Second time, and added to the Bill.

New Clause 80

Content removal notices

“(1) This section applies where an authorised officer is satisfied that content—

(a) present on a relevant user-to-user service, or

(b) which may be encountered in or via search results of a relevant search service;

is unlawful weapons content in a relevant part of the United Kingdom.

(2) The authorised officer may give a content removal notice to—

(a) the provider of the relevant user-to-user service, or

(b) the provider of the relevant search service.

(3) If the authorised officer gives a content removal notice to a service provider in a case where the coordinating officer has the contact details of the provider’s content manager, the authorised officer may also give the notice to that manager.

(4) A content removal notice is a notice requiring the service provider and (if applicable) the provider’s content manager (each a ‘recipient’) to secure that—

(a) the content to which it relates is removed (see section (Interpretation of Chapter)(2)), and

(b) confirmation of that fact is given to the authorised officer.

(5) A content removal notice must—

(a) identify the content to which it relates;

(b) explain the authorised officer’s reasons for considering that the content is unlawful weapons content in the relevant part (or parts) of the United Kingdom;

(c) explain that the notice must be complied with before the end of the period of 48 hours beginning with the time the notice is given;

(d) explain that each recipient has the right to request a review of the decision to give the notice and how a request is to be made (see section (Content removal notices: review));

(e) set out the potential consequences of failure to comply with the notice;

(f) contain the authorised officer’s contact details;

(g) be in such form, and contain such further information, as the Secretary of State may by regulations prescribe.

(6) The authorised officer may withdraw a content removal notice from a recipient by notifying the recipient to that effect (but withdrawal of a notice does not prevent a further content removal notice from being given under this section, whether or not in relation to the same content as the withdrawn notice).

(7) In this section—

‘authorised officer’ means—

(a) a member of a relevant police force who is authorised for the purposes of this section by the chief officer of the force, or

(b) a National Crime Agency officer who is authorised for the purposes of this section by the Director General of the National Crime Agency;

‘relevant part of the United Kingdom’ means—

(a) where the authorised officer is a member of a relevant police force in England and Wales, England and Wales;

(b) where the authorised officer is a member of the Police Service of Scotland, Scotland;

(c) where the authorised officer is a member of the Police Service of Northern Ireland, Northern Ireland;

(d) where the authorised officer is a member of the Ministry of Defence Police or a National Crime Agency officer, any part of the United Kingdom.”—(Dame Diana Johnson.)

This new clause confers power on the police or an officer of the National Crime Agency to give a service provider and (if there is one) the provider’s content manager a notice requiring them to remove unlawful weapons content from the services they provide.

Brought up, read the First and Second time, and added to the Bill.

New Clause 81

Content removal notices: review

“(1) A person who is given a content removal notice (a ‘recipient’) may, before the end of the initial 48-hour period, request a review of the decision to give the notice.

(2) A request under subsection (1) is to be made by the recipient giving—

(a) a notice (a ‘review notice’) to the authorised officer, and

(b) a copy of the review notice to the other recipient (if applicable).

(3) The grounds on which a recipient may request a review include, in particular, that—

(a) content to which the notice relates is not unlawful weapons content;

(b) content to which the notice relates is insufficiently identified for the recipient to be able to take the action required by the notice;

(c) the provider that received the notice is not, in fact, the provider of the relevant user-to-user service or relevant search service to which the notice relates;

(d) the individual who received the notice as the service provider’s content manager is not, in fact, that provider’s content manager;

(e) the notice was otherwise not given in accordance with this Chapter.

(4) On receipt of a review notice, a review of the decision to give the content removal notice must be carried out—

(a) if the authorised officer is a member of a relevant police force, by another member of that force who is of a higher rank;

(b) if the authorised officer is a National Crime Agency officer, by another officer who holds a more senior position in the Agency.

The individual carrying out the review is referred to in this section as ‘the reviewing officer’.

(6) On completing the review or (in a case where two review notices are given) both reviews the reviewing officer must, in respect of each recipient, either—

(a) confirm in full the decision to give the content removal notice,

(b) confirm the decision to give the notice, but in relation to only some of the content to which it relates, or

(c) withdraw the notice.

(7) The reviewing officer must give each recipient a notice (a ‘decision notice’)—

(a) setting out the outcome of the review or reviews, and

(b) giving reasons.”—(Dame Diana Johnson.)

This new clause makes provision for the police or the NCA to review the decision to give a service provider or their content manager a content removal notice under NC80 where the recipient of the notice requests a review.

Brought up, read the First and Second time, and added to the Bill.

New Clause 82

Decision notices requiring removal of unlawful weapons content

“(1) This section applies where the reviewing officer—

(a) has carried out a review or reviews under section (Content removal notices: review), and

(b) confirms the decision to give the content removal notice to the service provider, the provider’s content manager or both of them (in each case whether as mentioned in subsection (6)(a) or (b) of that section).

(2) If the reviewing officer confirms in full the decision to give the content removal notice, the decision notice must require its recipient to secure that—

(a) the content to which the content removal notice relates is removed, and

(b) confirmation of that fact is given to the authorised officer.

(3) If the officer confirms the decision to give the content removal notice but in relation to only some of the content to which it relates, the decision notice must—

(a) identify the content to which the confirmation relates (the ‘confirmed content’), and

(b) require its recipient to secure that—

(i) the confirmed content is removed, and

(ii) confirmation of that fact is given to the authorised officer.

(4) A decision notice within subsection (2) or (3) must specify the period before the end of which the notice must be complied with, and that period must be whichever of the following is the longest—

(a) the period of 24 hours beginning with the time the decision notice is given;

(b) the period—

(i) beginning with the time the review notice or, if there was more than one, the first review notice, was given under section (Content removal notices: review), and

(ii) ending with the end of the initial 48-hour period.

(5) In this section, ‘reviewing officer’ has the same meaning as in section (Content removal notices: review).”—(Dame Diana Johnson.)

This new clause provides for the police or NCA, following a review under NC81 which confirms (in full or in part) the decision to give a content removal notice, to give the service provider or content manager a decision notice requiring the removal of the unlawful weapons content concerned.

Brought up, read the First and Second time, and added to the Bill.

New Clause 83

Failure to comply with content removal notice or decision notice: civil penalties

“(1) Subsection (2) applies where—

(a) a content removal notice has been given to a service provider, or to both a service provider and the provider’s content manager, in accordance with section (Content removal notices), and

(b) the initial 48-hour period has expired without the notice having been complied with or a review notice having been given.

(2) A senior authorised officer of the issuing force may give a penalty notice—

(a) to the service provider, or

(b) if the provider’s content manager also received the content removal notice, to the content manager or to both of them.

(3) Subsection (4) applies where, following a review or reviews under section (Content removal notices: review)—

(a) a decision notice has been given to the service provider or to both the provider and the provider’s content manager in accordance with section (Decision notices requiring removal of unlawful weapons content)(2) or (3) confirming the decision to give the content removal notice, and

(b) the period specified in the decision notice under subsection (4) of that section has expired without that notice having been complied with.

(4) A senior authorised officer of the issuing force may give a penalty notice—

(a) to the service provider, or

(b) if the provider’s content manager also received the decision notice, to the content manager or to both of them.

(5) In this section a ‘penalty notice’ means a notice requiring its recipient to pay a penalty—

(a) where the recipient is a service provider, of an amount not exceeding £60,000;

(b) where the recipient is a service provider’s content manager, of an amount not exceeding £10,000.

(6) In order to take account of changes in the value of money the Secretary of State may by regulations substitute another sum for a sum for the time being specified in subsection (5).

(7) See Schedule (Civil penalties for service providers and content managers) for further provision in connection with penalty notices given under this section.”—(Dame Diana Johnson.)

This new clause confers a power on the police or NCA to impose a monetary penalty of up to £60,000 on a service provider or up to £10,000 on a content manager if they have failed to comply with a content removal notice or a decision notice.

Brought up, read the First and Second time, and added to the Bill.

New Clause 84

Guidance

“(1) The Secretary of State may issue guidance to the persons mentioned in subsection (2) about the exercise of their functions under this Chapter.

(2) The persons are—

(a) the chief officer, and any other member, of a relevant police force;

(b) the Director General of the National Crime Agency and any other officer of the Agency.

(3) The Secretary of State may revise any guidance issued under this section.

(4) The Secretary of State must publish any guidance or revisions issued under this section.

(5) A person mentioned in subsection (2) must have regard to any guidance issued under this section when exercising a function under this Chapter.”—(Dame Diana Johnson.)

This new clause confers power on the Secretary of State to issue guidance to the police and the National Crime Agency about the exercise of their functions under the new Chapter mentioned in the explanatory statement to NC72.

Brought up, read the First and Second time, and added to the Bill.

New Clause 85

Notices

“(1) This section applies in relation to any notice that must or may be given to a person under this Chapter.

(2) A notice may be given to a person by—

(a) delivering it by hand to the person,

(b) leaving it at the person’s proper address,

(c) sending it by post to the person at that address, or

(d) sending it by email to the person’s email address.

(3) A notice to a body corporate may be given to any officer of that body.

(4) A notice to a partnership may be given to any partner or to a person who has the control or management of the partnership business.

(5) A notice sent by first class post to an address in the United Kingdom, is treated as given at noon on the second working day after the day of posting, unless the contrary is proved.

(6) A notice sent by email is treated as given at the time it is sent unless the contrary is proved.

(7) In this section—

‘director’ includes any person occupying the position of a director, by whatever name called;

‘email address’, in relation to a person, means—

(a) an email address provided by that person for the purposes of this Chapter, or

(b) any email address published for the time being by that person as an address for contacting that person;

‘officer’, in relation to an entity, includes a director, a manager, a partner, the secretary or, where the affairs of the entity are managed by its members, a member;

‘proper address’ means—

(a) in the case of an entity, the address of the entity’s registered office or principal office;

(b) in any other case, the person’s last known address;

‘working day’ means any day other than—

(a) a Saturday or Sunday, or

(b) a day that is a bank holiday in any part of the United Kingdom under the Banking and Financial Dealings Act 1971.

(8) In the case of an entity registered or carrying on business outside the United Kingdom, or with offices outside the United Kingdom, the reference in subsection (7), in the definition of ‘proper address’, to the entity’s principal office includes—

(a) its principal office in the United Kingdom, or

(b) if the entity has no office in the United Kingdom, any place in the United Kingdom at which the person giving the notice believes, on reasonable grounds, that the notice will come to the attention of any director or other officer of that entity.”—(Dame Diana Johnson.)

This new clause makes provision about the ways in which a notice can be given, and the time at which a notice is to be treated as given, under the new Chapter mentioned in the explanatory statement to NC72.

Brought up, read the First and Second time, and added to the Bill.

New Clause 86

Interpretation of Chapter

“(1) In this Chapter—

‘appointment notice’ has the meaning given by section (Notice requiring appointment of content manager)(1);

‘authorised officer’ in relation to a content removal notice, means the member of a relevant police force, or officer of the National Crime Agency, who gave the notice;

‘chief officer’—

(a) in relation to a police force in England and Wales, means the chief officer of police of the force;

(b) in relation to any other relevant police force, means the chief constable of that force;

‘contact details’, in relation to an individual, means the individual’s—

(a) full name;

(b) telephone number;

(c) email address;

(d) residential address, or other service address, in the United Kingdom;

‘content’ has the same meaning as in the Online Safety Act 2023 (see section 236(1) of that Act);

‘content manager’, in relation to a service provider, means the individual for the time being appointed as the content manager of the provider (whether in accordance with an appointment notice or under section (Appointment of content manager following change of circumstances) or (Replacement of content manager));

‘content removal notice’ has the meaning given by section (Content removal notices)(4);

‘coordinating officer’ means the individual designated as such under section (Coordinating officer)(1);

‘decision notice’ means a notice given under section (Content removal notices: review)(7);

‘encounter’, in relation to content, has the same meaning as in the Online Safety Act 2023 (see section 236(1) of that Act);

‘entity’ has the same meaning as in that Act (see section 236(1) of that Act);

‘initial 48-hour period’, in relation to a content removal notice, means the 48-hour period specified in the notice as mentioned in section (Content removal notices)(5)(c);

‘issuing force’—

(a) in relation to a content removal notice given by a member of a relevant police force, means that force;

(b) in relation to a content removal notice given by a National Crime Agency officer, means the National Crime Agency;

‘relevant police force’—

(a) in relation to England and Wales, means—

(i) a police force in England and Wales, or

(ii) the Ministry of Defence Police;

(b) in relation to Scotland, means—

(i) the Police Service of Scotland, or

(ii) the Ministry of Defence Police;

(c) in relation to Northern Ireland, means—

(i) the Police Service of Northern Ireland, or

(ii) the Ministry of Defence Police;

‘relevant search service’ and

‘relevant user-to-user service’ have the meanings given by section (‘Relevant user-to-user services’, ‘relevant search services’ and ‘service providers’);

‘required information’ has the meaning given by section (Notice requiring appointment of content manager)(3);

‘review notice’ has the meaning given by section (Content removal notices: review)(2)(a);

‘search content’ and ‘search results’ have the meanings given by section 57 of the Online Safety Act 2023;

‘senior authorised officer’, in relation to a relevant police force, means—

(a) the chief officer of the relevant police force, or

(b) a member of the relevant police force of at least the rank of inspector authorised for the purposes of this Chapter by the chief officer;

‘senior authorised officer’, in relation to the National Crime Agency, means—

(a) the Director General of the National Crime Agency, or

(b) an officer of the Agency who—

(i) holds a position in the Agency the seniority of which is at least equivalent to that of the rank of inspector in a relevant police force, and

(ii) is authorised for the purposes of this Chapter by the Director General;

‘service address’ has the same meaning as in the Companies Acts (see section 1141 of the Companies Act 2006);

‘service provider’ has the meaning given by section (‘Relevant user-to-user services’, ‘relevant search services’ and ‘service providers’).

(2) For the purposes of this Chapter, a reference to ‘removing’ content—

(a) in relation to content present on a relevant user-to-user service, is a reference to any action that results in the content being removed from the service, or being permanently hidden, so users of the service in any part of the United Kingdom in which the content is unlawful weapons content cannot encounter it;

(b) in relation to content which may be encountered in or via search results of a relevant search service, is a reference to taking measures designed to secure, so far as possible, that the content is no longer included in the search content of the service that is available in any part of the United Kingdom in which the content is unlawful weapons content;

and related expressions are to be read accordingly.

(3) The following provisions of the Online Safety Act 2023 apply for the purposes of this Chapter as they apply for the purposes of that Act—

(a) section 226 (determining who is the provider of a particular user-to-user service or search service);

(b) section 236(5) and (6) (references to content being present).”—(Dame Diana Johnson.)

This new clause contains definitions of terms used in the new Chapter mentioned in the explanatory statement to NC72.

Brought up, read the First and Second time, and added to the Bill.

New Clause 87

Dangerous, careless or inconsiderate cycling

“(1) The Road Traffic Act 1988 is amended as set out in subsections (2) to (6).

(2) Before section 28 (dangerous cycling) insert—

‘27A Causing death by dangerous cycling

A person who causes the death of another person by riding a cycle dangerously on a road or other public place is guilty of an offence.

27B Causing serious injury by dangerous cycling

(1) A person who causes serious injury to another person by riding a cycle dangerously on a road or other public place is guilty of an offence.

(2) In this section “serious injury” means—

(a) in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and

(b) in Scotland, severe physical injury.’

(3) In section 28—

(a) in subsection (1) for ‘on a road dangerously’ substitute ‘dangerously on a road or other public place’;

(b) omit subsections (2) and (3).

(4) After section 28 insert—

‘28A Meaning of “dangerous cycling”

(1) This section applies for the purposes of sections 27A, 27B and 28.

(2) A person is to be regarded as riding dangerously if (and only if) the condition in subsection (3) or (4) is met.

(3) The condition in this subsection is met if—

(a) the way that the person rides falls far below what would be expected of a competent and careful cyclist, and

(b) it would be obvious to a competent and careful cyclist that riding in that way would be dangerous.

(4) The condition in this subsection is met if it would be obvious to a competent and careful cyclist that riding the cycle in its current state would be dangerous.

(5) In determining the state of a cycle for the purposes of subsection (4), regard may be had (among other things) to—

(a) whether the cycle is equipped and maintained in accordance with regulations under section 81 (regulation of brakes, bells etc, on pedal cycles);

(b) anything attached to or carried on the cycle and the manner in which it is attached or carried.

(6) In determining what would be expected of, or obvious to, a competent and careful cyclist in a particular case, regard is to be had both to—

(a) the circumstances of which the person could be expected to be aware (taking account of, if relevant to the case, the age of the accused), and

(b) the circumstances shown to have been within the knowledge of the accused.

(7) References in this section to something being “dangerous” are references to it resulting in danger of—

(a) injury to any person, or

(b) serious damage to property.

28B Causing death by careless, or inconsiderate, cycling

A person who causes the death of another person by riding a cycle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.

28C Causing serious injury by careless, or inconsiderate, cycling

(1) A person who causes serious injury to another person by riding a cycle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.

(2) In this section ‘serious injury’ means—

(a) in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and

(b) in Scotland, severe physical injury.’

(5) In section 29 (careless, and inconsiderate, cycling)—

(a) after ‘a road’ insert ‘or other public place’;

(b) after ‘the road’ insert ‘or place’.

(6) After section 29 insert—

‘29A Meaning of careless, or inconsiderate, cycling

(1) This section applies for the purposes of sections 28B, 28C and 29.

(2) A person is to be regarded as cycling without due care and attention if (and only if) the way the person cycles falls below what would be expected of a competent and careful cyclist.

(3) In determining what would be expected of a competent and careful cyclist in a particular case, regard is to be had both to—

(a) the circumstances of which the person could be expected to be aware (taking account of, if relevant to the case, the age of the accused), and

(b) the circumstances shown to have been within the knowledge of the accused.

(4) A person (A) is to be regarded as cycling without reasonable consideration for other persons only if those persons are inconvenienced by A’s cycling.’

(7) The table in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences) is amended as follows.

(8) After the entry relating to ‘RTA section 27’ insert in columns 1 to 4—