§ 17 Clause 43, page 31, line 32, leave out from ("to") to end of line 40 and insert—
- ("(a) a person by whom the offence is alleged to have been committed; or
- (b) if this paragraph applies to the publication in question by virtue of subsection (4A)—
- (i) a person against or in respect of whom the offence is alleged to have been committed, or
- (ii) a person who is alleged to have been a witness to the commission of the offence;
§ (4A) Subsection (4)(b) applies to a publication if—
- (a) where it is a relevant programme, it is transmitted, or
- (b) in the case of any other publication, it is published,
§ 18 Clause 44, page 33, line 13, leave out ("when a minor").
§ 19 Page 33, leave out lines 40 to 42.
§ 20 Clause 49, page 39, line 27, leave out subsection (9) and insert—
§ ("(8A) In this section—
§ "an appropriate person" means (subject to subsections (8B) to (8D))—
- (a) in England and Wales or Northern Ireland, a person who is a parent or guardian of the protected person, or
- (b) in Scotland, a person who has parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to the protected person;
§ "guardian", in relation to the protected person, means any person who is not a parent of the protected person but who has parental responsibility for the protected person within the meaning of—
- (a) (in England and Wales) the Children Act 1989, or
- (b) (in Northern Ireland) (Northern Ireland) Children (Northern Ireland) Order 1995.
§ (8B) Where the protected person is (within the meaning of the Children Act 1989) a child who is looked after by a local authority, "an appropriate person" means a person who is—
- (a) a representative of that authority, or
- (b) a parent or guardian of the protected person with whom the protected person is allowed to live.
§ (8C) Where the protected person is (within the meaning of the Children (Northern Ireland) Order 1995) a child who is looked after by an authority, "an appropriate person" means a person who is—
- (a) an officer of that authority, or
- (b) a parent or guardian of the protected person with whom the protected person is allowed to live.
§ (8D) Where the protected person is (within the meaning of section 17(6) of the Children (Scotland) Act 1995) a child who is looked after by a local authority, "an appropriate person" means a person who is—
- (a) a representative of that authority, or
- (b) a person who has parental responsibilities (within the meaning of section 1(3) of that Act) in relation to the protected person and with whom the protected person is allowed to live.").
§ 21 Page 39, line 43, leave out ("subsection (9)") and insert ("subsections (8A) to (8D)").
§ 22 Clause 51, page 40, line 43, leave out ("meaning given by section 49(9)") and insert ("same meaning as it has for the purposes of section 49").
§ 23 Clause 52, page 41, line 8, after ("not") insert ("a person who is").
§ Lord Williams of MostynMy Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 17 to 23.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 17 to 23.—(Lord Williams of Mostyn.)
§ On Question, Motion agreed to.