HL Deb 26 July 1999 vol 604 cc1334-5

17 Clause 43, page 31, line 32, leave out from ("to") to end of line 40 and insert—

  1. ("(a) a person by whom the offence is alleged to have been committed; or
  2. (b) if this paragraph applies to the publication in question by virtue of subsection (4A)—
    1. (i) a person against or in respect of whom the offence is alleged to have been committed, or
    2. (ii) a person who is alleged to have been a witness to the commission of the offence;
except that paragraph (b)(i) does not include a person in relation to whom section 1 of the Sexual Offences (Amendment) Act 1992 (anonymity of victims of certain sexual offences) applies in connection with the offence.

(4A) Subsection (4)(b) applies to a publication if—

  1. (a) where it is a relevant programme, it is transmitted, or
  2. (b) in the case of any other publication, it is published,
on or after such date as may be specified in an order made by the Secretary of State.").

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))—

  1. (a) in England and Wales or Northern Ireland, a person who is a parent or guardian of the protected person, or
  2. (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—

  1. (a) (in England and Wales) the Children Act 1989, or
  2. (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—

  1. (a) a representative of that authority, or
  2. (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—

  1. (a) an officer of that authority, or
  2. (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—

  1. (a) a representative of that authority, or
  2. (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 Mostyn

My 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.