Back to the Scottish Parliament Business Bulletin No. 94/2009: Thursday 4 June 2009
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Section G – Bills

New amendments to Bills lodged on 3 June 2009

Climate Change (Scotland) Bill – Stage 2

After section 50

Alex Johnstone

238 After section 50, insert—

<Energy efficiency discounts

Council tax and non-domestic rates: discounts for energy efficiency etc.

(1) In section 79 (council tax discounts) of the Local Government Finance Act 1992 (c.14), after subsection (2), insert—

"(2A) The Scottish Ministers may by regulations prescribe—

(a) categories which chargeable dwellings may fall into, based on the levels of energy efficiency and greenhouse gas emissions achieved by those dwellings;

(b) a percentage in relation to each such category.

(2B) Where subsection (2C) applies, the amount of council tax payable in respect of a chargeable dwelling and any day shall be subject to a discount equal to the percentage prescribed in relation to the category of chargeable dwellings into which the chargeable dwelling falls.

(2C) This subsection applies where a resident of a chargeable dwelling shows that the dwelling falls into a category prescribed under subsection (2A)(a).

(2D) Regulations under subsection (2A) may also make provision in relation to how residents may show that a chargeable dwelling falls into a category prescribed under paragraph (a) of that subsection.".

(2) In section 153 (power to prescribe amount of non-domestic rate) of the Local Government etc. (Scotland) Act 1994 (c.39), in subsection (3)—

(a) the words "whose rateable value exceeds, and those whose rateable value does not exceed, a prescribed figure" become paragraph (a), and

(b) at the end insert—

"(b) whose energy efficiency and greenhouse gas emissions fall into different categories prescribed for the purpose of this paragraph in rules under subsection (1).

(3A) Regulations under this section may make provision in relation to how lands and heritages are to be determined to fall within a category prescribed for the purpose of subsection (3)(b) in rules under subsection (1).". >

Section 51

Iain Smith (on behalf of the Economy, Energy and Tourism Committee)

239 In section 51, page 22, line 27, leave out <may> and insert <must>

Iain Smith (on behalf of the Economy, Energy and Tourism Committee)

240 In section 51, page 22, line 28, leave out <, in particular,> and insert <the preparation and publication of a plan for the promotion of heat produced from renewable sources in Scotland which includes>

Section 52

Elaine Murray

241 In section 52, page 23, line 26, at end insert—

<( ) A draft of a statutory instrument containing the first regulations under subsection (1) must be laid before the Scottish Parliament no later than one year after this Act receives Royal Assent.>

After section 52

Elaine Murray

242 After section 52, insert—

<Disposal of waste

Disposal of waste

(1) The Scottish Ministers may, by regulations, require persons responsible for the management of waste disposal facilities to comply with specified rules about the disposal of waste.

(2) The regulations under subsection (1) must—

(a)  prohibit the disposal to landfill of—

(i) unsorted household and industrial waste;

(ii) wastes that were selectively collected for the purpose of recovery;

(iii) wastes that can be recovered because of their nature, quantity and homogeneity;

(iv) combustible residues from the sorting of household waste or comparable commercial or industrial waste;

(v) waste pharmaceuticals;

(b) prohibit the disposal to, or treatment by incineration of—

(i) selectively collected wastes that can be recycled;

(ii) unsorted commercial or industrial wastes;

(iii) unsorted household wastes.>

(3) The regulations under subsection (1) may in particular also include provision about—

(a) the kinds of waste covered by the regulations;

(b) the kinds of facility covered by the regulations;

(c) the criteria for acceptance of different kinds of waste at different kinds of facility;

(d) derogations from the criteria for waste volumes below specified levels;

(e) temporary derogations from the criteria based on the availability of appropriate alternative treatment capacity;

(f) exemptions from the criteria for high calorific wastes for renewable energy purposes;

(g) the testing of wastes required to establish compliance with the criteria;

(h) the enforcement of the duties imposed by the regulations;

(i) offences in relation to failures to comply with the requirements of the regulations.

(4) The enforcement authority must have regard to any guidance given by the Scottish Ministers to it in relation to the functions conferred on it by the regulations.>

Section 53

Elaine Murray

243 In section 53, page 24, line 22, at end insert—

<( ) A draft of a statutory instrument containing the first regulations under subsection (1) must be laid before the Scottish Parliament no later than one year after this Act receives Royal Assent.>

Section 56

Elaine Murray

244 In section 56, page 27, line 6, at end insert—

<( ) A draft of a statutory instrument containing the first regulations under subsection (1) must be laid before the Scottish Parliament no later than one year after this Act receives Royal Assent.>

Section 58

Elaine Murray

245 In section 58, page 28, line 26, after <recycling> insert <or reuse>

After section 58

Elaine Murray

246 After section 58, insert—

<Charges for single-use or disposable products

Charges for single-use or disposable products

(1) The Scottish Ministers may, by regulations, require persons of the kinds specified—

(a) to impose, at the point of sale, a charge under this section for single-use or disposable products of the kinds specified;

(b) to apply the net proceeds raised by such charges to the advancement of environmental protection or improvement or to any other purposes that may be reasonably regarded as analogous.

(2) The regulations may in particular include provision about—

(a) the circumstances in which the requirement applies;

(b) the minimum amount to be charged for each specified single-use or disposable product;

(c) how the net proceeds raised by the charge are to be ascertained;

(d) the purposes to which those net proceeds are to be applied;

(e) subject to section 60—

(i) the enforcement authority in relation to the regulations; and

(ii) the functions of that authority;

(f) the keeping of records and their production to the enforcement authority;

(g) the enforcement of the duties imposed by the regulations;

(h) offences in relation to failures to comply with requirements of the regulations.

(3) The enforcement authority must have regard to any guidance given by the Scottish Ministers to it in relation to the functions conferred on it by the regulations.>

After section 61

Elaine Murray

247 After section 61, insert—

<Civil penalties for waste offences

(1) The Scottish Ministers may, by regulations, make provision for or in connection with—

(a) the imposition by the enforcement authority of penalty charges in respect of such offences under this Chapter as are specified;

(b) the payment of such charges.

(2) The regulations must include provision specifying the person or persons by whom a penalty charge in respect of an offence is to be paid (who may be or, as the case may be, include a person other than the person who committed the offence).

(3) The regulations must include provision—

(a) prohibiting criminal proceedings in respect of any description of conduct for which a penalty charge may be imposed; or

(b) securing that a penalty charge is not payable or is refunded where the conduct is the subject of criminal proceedings.

(4) The regulations must include provision about the standard of proof required to establish the commission of an offence in respect of which a penalty charge may be imposed and may include other provision for or in connection with evidence and procedure.

(5) The regulations may set different levels of penalty charges in respect of different offences and in respect of the same offences committed in different circumstances.

(6) The regulations may provide for the level of penalty charge to be determined, in specified circumstances, by reference to the turnover of any business involved in the offence in a specified way or to the costs avoided, or income gained, by any such business as a result of the commission of the offence.

(7) The regulations may include provision for and in connection with—

(a) the notification of penalty charges to persons appearing to be liable to pay them;

(b) the enabling and effect of the making of representations to the enforcement authority by persons who are or may be liable to pay those charges;

(c) appeals by those persons against the imposition of those charges.

(8) Before laying a draft of a statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must carry out such consultation with the public on a draft of the regulations as they consider appropriate.>

Before section 62

Alison McInnes

248 Before section 62, insert—

<Judicial review

(1) In any application for judicial review relating to or arising out of the provisions of this Act, it will be enough for any party to show sufficient interest in order to satisfy the common law tests of title and interest.

(2) "Sufficient interest" is to be interpreted in accordance with the criteria laid out in Article 9 of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters signed at Aarhus on 25 June 1998 ("the Aarhus Convention").

(3) In relation to the expenses associated with any judicial review proceedings under this Act, the court may impose a cap on, or otherwise regulate, the extent of liability for expenses between the parties; and such applications may be competently made at any stage of the proceedings.

(4) When determining an application made under subsection (3) above, the court is to have regard to the need to remove or reduce financial or other barriers to access to justice, in accordance with the principles laid out in Article 9 of the Aarhus Convention.

(5) In any application for judicial review under this Act, the court may competently consider both the substantive and the procedural legality of the decision, act or omission under review.>

Des McNulty

249 Before section 62, insert—

<Sustainable development

(1) The persons mentioned in subsection (2) must, in exercising functions conferred on them by virtue of this Act, take into account the need to do so in a way that contributes to the achievement of sustainable development.

(2) Those persons are—

(a) the Scottish Ministers;

(b) each relevant public body.>

Shirley-Anne Somerville

249A As an amendment to amendment 249, line 8, at end insert—

<( ) the advisory body>

Section 64

Maureen Watt (on behalf of the Rural Affairs and Environment Committee)

250 In section 64, page 31, line 39, at end insert—

<(9) Before laying a draft of any regulations under sections 52 to 59 (other than regulations mentioned in subsection (7)(d) or (e)) before the Scottish Parliament, the Scottish Ministers must—

(a) lay before the Scottish Parliament—

(i) a copy of the proposed regulations, and

(ii) a statement of their reasons for proposing to make the draft regulations,

(b) publicise the proposed draft regulations in such manner as they consider appropriate, and

(c) have regard to—

(i) any representations about the proposed draft regulations,

(ii) any resolution of the Scottish Parliament about the proposed draft regulations, and

(iii) any report by a committee of the Scottish Parliament about the proposed draft regulations,

made during such period as the Scottish Ministers may specify when laying the proposed draft regulations.

(10) The period so specified must—

(a) be no shorter than 60 days, and

(b) include at least 30 days during which the Scottish Parliament is not dissolved or in recess.

(11) When laying a draft of any regulations to which subsection (9) applies before the Scottish Parliament, the Scottish Ministers must also lay a statement giving details of—

(a) any representations, resolution or report falling within paragraph (c) of that subsection; and

(b) the changes (if any) which in the light of any such representations, resolution or report, the Scottish Ministers have made to what was laid under paragraph (a)(i) of that subsection.>

Sexual Offences (Scotland) Bill – Stage 3

Section 20

Kenny MacAskill

2 In section 20, page 11, line 27, leave out <19> and insert <19B>

Section 21

Kenny MacAskill

3 In section 21, page 11, line 34, leave out <(or under section 30(1) is deemed to have attained)>

Section 21A

Kenny MacAskill

4 In section 21A, page 12, line 5, leave out from <the> to <attained)> in line 6

Section 22

Kenny MacAskill

5 In section 22, page 12, line 16, leave out <(or under section 30(1) is deemed to have attained)>

Section 23

Kenny MacAskill

6 In section 23, page 12, line 36, leave out <(or under section 30(1) is deemed to have attained)>

Section 24

Kenny MacAskill

7 In section 24, page 13, line 5, leave out <(or under section 30(1) is deemed to have attained)>

Section 25

Kenny MacAskill

8 In section 25, page 13, line 25, leave out <(or under section 30(1) is deemed to have attained)>

Section 26

Kenny MacAskill

9 In section 26, page 14, line 6, leave out <(or under section 30(1) is deemed to have attained)>

Section 29

Kenny MacAskill

10 In section 29, page 17, line 13, after <relevant> insert <sexual>

Section 30

Kenny MacAskill

11 In section 30, page 17, line 28, leave out <26> and insert <26B>

Kenny MacAskill

12 In section 30, page 18, line 17, at end insert—

<( ) Where any of the deeming provisions apply, references in sections 21 to 27 to A or B having or not having attained a particular age are to be construed in accordance with this section and section 30A.>

Section 37

Kenny MacAskill

13 In section 37, page 22, line 8, leave out <a person> and insert <an individual>

Kenny MacAskill

14 In section 37, page 22, line 13, at end insert—

<( ) Where—

(a) a body corporate,

(b) a Scottish partnership, or

(c) an unincorporated association other than a Scottish partnership,

is convicted on indictment of an offence specified in subsection (2), a penalty of a fine alone may be imposed.>

Section 38

Kenny MacAskill

15 In section 38, page 23, line 5, leave out <19> and insert <19B>

Kenny MacAskill

16 In section 38, page 23, line 9, at end insert—

<( ) engaging in penetrative sexual activity with or towards an older child,>

Kenny MacAskill

17 In section 38, page 23, line 15, at end insert—

<( ) sexual exposure to an older child,

( ) voyeurism towards an older child,>

Kenny MacAskill

18 In section 38, page 23, line 21, after <21> insert <, 21A>

Before section 45

Kenny MacAskill

19 Before section 45, insert—

<Offences by bodies corporate etc.

(1) Where—

(a) an offence under this Act has been committed by—

(i) a body corporate,

(ii) a Scottish partnership, or

(iii) an unincorporated association other than a Scottish partnership, and

(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—

(i) a relevant individual, or

(ii) an individual purporting to act in the capacity of a relevant individual,

that individual (as well as the body corporate, partnership or, as the case may be, unincorporated association) commits the offence and is liable to be proceeded against and punished accordingly.

(2) In subsection (1), "relevant individual" means—

(a) in relation to a body corporate (other than a limited liability partnership)—

(i) a director, manager, secretary or other similar officer of the body,

(ii) where the affairs of the body are managed by its members, a member,

(b) in relation to a limited liability partnership, a member,

(c) in relation to a Scottish partnership, a partner,

(d) in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.>

Section 46

Kenny MacAskill

20 In section 46, page 28, line 32, leave out from <provisions> to end of line 33 and insert <incidental, supplemental or consequential provision>

Schedule 1

Kenny MacAskill

21 In schedule 1Z, page 30, line 12, at end insert—

<( ) sexual abuse of trust of a mentally disordered person (section 35) of a person under the age of 16>

Kenny MacAskill

22 In schedule 1Z, page 30, line 12, at end insert—

<An offence under any of the following provisions of the Sexual Offences (Northern Ireland) Order 2008 (SI No. 1769 (N.I. 2)) against a person under the age of 16—

( ) article 5 (rape),

( ) article 6 (assault by penetration),

( ) article 7 (sexual assault),

( ) article 8 (causing a person to engage in sexual activity without consent),

( ) article 23 (abuse of position of trust: sexual activity with a child under 18),

( ) article 24 (abuse of position of trust: causing or inciting a child under 18 to engage in sexual activity),

( ) article 25 (abuse of position of trust: sexual activity in the presence of a child under 18),

( ) article 26 (abuse of position of trust: causing a child under 18 to watch a sexual act),

( ) article 32 (sexual activity with an under 18 child family member),

( ) article 33 (inciting an under 18 child family member to engage in sexual activity),

( ) article 37 (paying for sexual services of a child under 18),

( ) article 38 (causing or inciting a child under 18 to become a prostitute or to be involved in pornography),

( ) article 39 (controlling the activities of a child under 18 in relation to prostitution or involvement in pornography),

( ) article 40 (arranging or facilitating the prostitution or involvement in pornography of a child under 18),

( ) article 51 (care workers: sexual activity with a person with a mental disorder),

( ) article 52 (care workers: causing or inciting a person with a mental disorder to engage in sexual activity),

( ) article 53 (care workers: sexual activity in the presence of a person with a mental disorder),

( ) article 54 (care workers: causing a person with a mental disorder to watch a sexual act),

( ) article 65 (administering a substance with intention of stupefying etc. for sexual activity),

( ) article 70 (exposure of genitals),

( ) article 71 (voyeurism).>

Kenny MacAskill

23 In schedule 1Z, page 30, line 12, at end insert—

<An offence under any of the following provisions of that order—

( ) article 12 (rape of a child under 13),

( ) article 13 (assault of a child under 13 by penetration),

( ) article 14 (sexual assault of a child under 13),

( ) article 15 (causing or inciting a child under 13 to engage in sexual activity),

( ) article 16 (sexual activity with a child under 16),

( ) article 17 (causing or inciting a child under 16 to engage in sexual activity),

( ) article 18 (engaging in sexual activity in the presence of a child under 16),

( ) article 19 (causing a child under 16 to watch a sexual act),

( ) article 20 (offences under articles 16 to 19 by a person under 18),

( ) article 21 (arranging or facilitating commission of an offence under articles 16 to 20),

( ) article 22 (meeting a child under 16 following sexual grooming etc.).>

Kenny MacAskill

24 In schedule 1Z, page 30, line 30, at end insert—

<( ) section 4 (causing a person to engage in sexual activity without consent),

( ) section 16 (abuse of position of trust: sexual activity with a child under 18),

( ) section 17 (abuse of position of trust: causing or inciting a child under 18 to engage in sexual activity),

( ) section 18 (abuse of position of trust: sexual activity in the presence of a child under 18),

( ) section 19 (abuse of position of trust: causing a child under 18 to watch a sexual act),>

Kenny MacAskill

25 In schedule 1Z, page 30, line 32, at end insert—

<( ) section 38 (care workers: sexual activity with a person with a mental disorder),

( ) section 39 (care workers: causing or inciting a person with a mental disorder to engage in sexual activity),

( ) section 40 (care workers: sexual activity in the presence of a person with a mental disorder),

( ) section 41 (care workers: causing a person with a mental disorder to watch a sexual act),

( ) section 47 (paying for sexual services of a person under 18),

( ) section 48 (causing or inciting a child under 18 to become a prostitute or to be involved in pornography),

( ) section 49 (controlling the activities of a child under 18 in relation to prostitution or involvement in pornography),

( ) section 50 (arranging or facilitating the prostitution or involvement in pornography of a child under 18),

( ) section 61 (administering a substance with intention of stupefying etc. for sexual activity),

( ) section 66 (exposure of genitals),

( ) section 67 (voyeurism).>

Kenny MacAskill

26 In schedule 1Z, page 30, leave out lines 33 to 36

Kenny MacAskill

27 In schedule 1Z, page 31, leave out lines 12 to 14

Kenny MacAskill

28 In schedule 1Z, page 31, line 15, leave out paragraph 5

Kenny MacAskill

29 In schedule 1Z, page 31, line 22, at end insert—

<( ) an offence under section 1 (incest) or 2 (intercourse with a step-child) against a child under the age of 16,

( ) an offence under section 3 (intercourse of person in position of trust with a child under 16),>

Kenny MacAskill

30 In schedule 1Z, page 31, line 24, at end insert—

<( ) an offence under section 9 (permitting a girl under 16 to use premises for intercourse),>

Kenny MacAskill

31 In schedule 1Z, page 31, line 36, leave out paragraph 10

Kenny MacAskill

32 In schedule 1Z, page 32, line 7, leave out paragraph 13

Kenny MacAskill

33 In schedule 1Z, page 32, line 23, at end insert—

<Any of the following offences under the Sexual Offences Act 2003, in its application to Northern Ireland—

( ) an offence under section 15,

( ) an offence under section 16, 17, 18, 19, 47, 48, 49, 50, 66 or 67 against a child under the age of 17.>

Kenny MacAskill

34 In schedule 1Z, page 32, line 23, at end insert—

<An offence under article 18, 19, 20 or 21 of the Criminal Justice (Northern Ireland) Order 2003 (SI No. 1247 (N.I. 13)) against a person under the age of 17.>

Kenny MacAskill

35 In schedule 1Z, page 32, line 27, at end insert—

<An offence under article 123 of the Mental Health (Northern Ireland) Order 1986 (SI No. 595 (N.I. 4)) against a person under the age of 17.>

Kenny MacAskill

36 In schedule 1Z, page 32, line 27, at end insert—

<An offence under article 9 of the Criminal Justice (Northern Ireland) Order 1980 (SI No. 704 (N.I. 6)).>

Kenny MacAskill

37 In schedule 1Z, page 32, line 29, leave out <An offence under section 3, 4, 5 or 10(1) of> and insert <Any of the following offences under>

Kenny MacAskill

38 In schedule 1Z, page 32, line 30, at end insert—

<( ) an offence under section 2A or 2B against a person under the age of 16,

( ) an offence under section 2C, 3, 4, 5 or 10(1)>

Kenny MacAskill

39 In schedule 1Z, page 32, line 30, at end insert—

<An offence under section 21 or 22 of the Children and Young Persons Act (Northern Ireland) 1968 (c.34).>

Kenny MacAskill

40 In schedule 1Z, page 32, line 31, at end insert—

<An offence under section 2 of the Attempted Rape, etc., Act 1960 (Northern Ireland) (c.3) against a person under the age of 17.>

Kenny MacAskill

41 In schedule 1Z, page 32, line 32, after <1,> insert <10, 11,>

Kenny MacAskill

42 In schedule 1Z, page 32, line 34, at end insert—

<An offence under section 1 of the Punishment of Incest Act 1908 (c.45)—

( ) in its application to England and Wales, against a girl under the age of 16,

( ) in its application to Northern Ireland, against a girl under the age of 17.>

Kenny MacAskill

43 In schedule 1Z, page 32, line 35, leave out <An offence under section 3 or 5 of> and insert <Any of the following offences under>

Kenny MacAskill

44 In schedule 1Z, page 32, line 36, leave out from <against> to end of line 37 and insert—

<( ) an offence under section 2, 3, 5, 7 or 8—

(i) in its application to Scotland or England and Wales, against a girl under the age of 16,

(ii) in its application to Northern Ireland, against a girl under the age of 17,

( ) an offence under section 4 or 6.>

Kenny MacAskill

45 In schedule 1Z, page 32, line 38, leave out <An offence under section 52, 53, 54, 61 or 62 of> and insert <Any of the following offences under>

Kenny MacAskill

46 In schedule 1Z, page 32, line 39, leave out <against a person under the age of 16> and insert—

<( ) an offence under section 52, 53 or 54—

(i) in its application to England and Wales, against a person under the age of 16,

(ii) in its application to Northern Ireland, against a person under the age of 17,

( ) an offence under section 61 or 62.>

Kenny MacAskill

47 In schedule 1Z, page 33, line 3, leave out <an offence in paragraphs 18, 19, 21 of that Part> and insert <any of the following offences—

( ) an offence against a person under the age of 16 under section 3 of the Sexual Offences (Amendment) Act 2000 in its application to Scotland (see paragraph 18),

( ) an offence in paragraph 19 or 21,

( ) an offence against a girl under the age of 16 under section 2, 3, 5, 7 or 8 of the Criminal Law Amendment Act 1885 in its application to Scotland.>

Schedule 2

Kenny MacAskill

48 In schedule 2, page 37, line 7, column 3, at beginning insert—

<Sexual assault by penetration>

Kenny MacAskill

49 In schedule 2, page 37, line 9, at end insert—

<Sexual assault by            Section 1A           Sexual assault
penetration
                                                                      Engaging in penetrative sexual activity with or
                                                                      towards an older child

Engaging in sexual activity with or towards an older child
Assault at common law>

Kenny MacAskill

50 In schedule 2, page 38, line 26, at end insert—

<Voyeurism           Section 7A                   Breach of the peace at common law>

Kenny MacAskill

51 In schedule 2, page 38, line 27, column 3, at beginning insert—

<Sexual assault on a young child by penetration>

Kenny MacAskill

52 In schedule 2, page 38, line 29, column 3, at end insert—

<Engaging in penetrative sexual activity with or towards an older child>

Kenny MacAskill

53 In schedule 2, page 39, line 3, at end insert—

<Sexual assault on            Section 14A         Sexual assault on a young child
a young child by
penetration                                                    Engaging in penetrative sexual activity with or towards an
                                                                      older child

Engaging in sexual activity with or towards an older child
Assault at common law>

Kenny MacAskill

54 In schedule 2, page 40, line 10, column 3, at end insert—

<Sexual exposure to a young child>

Kenny MacAskill

55 In schedule 2, page 40, line 16, column 3, at end insert—

<Sexual exposure to an older child>

Kenny MacAskill

56 In schedule 2, page 40, line 22, column 3, at end insert—

<Sexual exposure to a young child>

Kenny MacAskill

57 In schedule 2, page 40, line 28, column 3, at end insert—

<Sexual exposure to an older child>

Kenny MacAskill

58 In schedule 2, page 41, line 9, column 3, at end insert—

<Sexual exposure to a young child>

Kenny MacAskill

59 In schedule 2, page 41, line 15, column 3, at end insert—

<Sexual exposure to an older child>

Kenny MacAskill

60 In schedule 2, page 41, line 21, column 3, at end insert—

<Sexual exposure to a young child>

Kenny MacAskill

61 In schedule 2, page 41, line 27, column 3, at end insert—

<Sexual exposure to an older child>

Kenny MacAskill

62 In schedule 2, page 41, line 27, column 3, at end insert—

<Sexual exposure to a            Section 19A              Sexual exposure to an older child
young child
                                                                     Public indecency at common law

                                                                     Breach of the peace at common law

Voyeurism towards a           Section 19B              Voyeurism towards an older child
young child
                                                                     Breach of the peace at common law>

Kenny MacAskill

63 In schedule 2, page 41, line 28, column 3, at beginning insert—

<Engaging in penetrative sexual activitiy with or towards an older child>

Kenny MacAskill

64 In schedule 2, page 42, line 3, at end insert—

<Engaging in                   Section 21A              Engaging in sexual activity with or towards an older child
penetrative sexual
activity with or                                               Engaging while an older child in sexual conduct with or
towards an older                                             towards another older child
child>

Kenny MacAskill

65 In schedule 2, page 42, line 22, column 3, at end insert—

<Sexual exposure to an older child>

Kenny MacAskill

66 In schedule 2, page 42, line 28, column 3, at end insert—

<Sexual exposure to an older child>

Kenny MacAskill

67 In schedule 2, page 42, line 34, column 3, at end insert—

<Sexual exposure to an older child>

Kenny MacAskill

68 In schedule 2, page 43, line 9, column 3, at end insert—

                                                                      <Sexual exposure to an older child

Sexual exposure to         Section 26A            Public indecency at common law
an older child                                                 Breach of the peace at common law

Voyeurism towards       Section 26B            Breach of the peace at common law
an older child>

Schedule 4

Kenny MacAskill

69 In schedule 4, page 45, line 10, leave out from <for> to the end of line 11 and insert—

<( ) after the word "charge" there is inserted "in proceedings",

( ) the words from ", being" to "offence," are omitted,>

Kenny MacAskill

70 In schedule 4, page 45, line 11, at end insert—

<( ) after that subsection, there is inserted—

"(2A) But the defence under subsection (2) is not available to the person so charged if—

(a) that person has previously been charged by the police with a relevant sexual offence; or

(b) there is in force in respect of that person a risk of sexual harm order.",>

Kenny MacAskill

71 In schedule 4, page 45, line 12, leave out from <(3)(b)> to the end of line 22 and insert <(3), for the words from "(2)" to the end there is substituted "(2A) above—

(a) "a relevant sexual offence" has the same meaning as in section 29(5)(a) of the Sexual Offences (Scotland) Act 2009 (asp 00); and

(b) "a risk of sexual harm order" has the same meaning as in section 29(5)(b) of that Act.">

Kenny MacAskill

72 In schedule 4, page 45, line 24 leave out <16 to 19 and 22 to 26> and insert <14A to 19B and 21A to 26B>

Kenny MacAskill

73 In schedule 4, page 45, line 26, at end insert—

<( ) After section 12, there is inserted—

"12A Sections 11(1) and 12: further provision

(1) Premises shall be treated for the purposes of sections 11(1) and 12 of this Act as a brothel if people resort to them for the purposes of homosexual acts in circumstances in which resort to them for heterosexual practices would have led to the premises being treated as a brothel for the purposes of those sections.

(2) For the purposes of this section, a homosexual act is an act of engaging in sexual activity by one male person with another male person; and an activity is sexual in any case if a reasonable person would, in all the circumstances of the case, consider it to be sexual.".>

Kenny MacAskill

74 In schedule 4, page 45, line 26, at end insert—

<( ) For the heading above section 13, there is substituted "Living on earnings of another from male prostitution".

( ) For the section title, there is substituted "Living on earnings of another from male prostitution".>

Kenny MacAskill

75 In schedule 4, page 45, leave out lines 28 to 33 and insert <, in subsection (9), the words from "or who" to "above" are omitted">

Kenny MacAskill

76 In schedule 4, page 46, line 1, leave out <district> and insert <JP>

Kenny MacAskill

77 In schedule 4, page 46, line 11, at end insert—

<( ) section 1A (sexual assault by penetration),>

Kenny MacAskill

78 In schedule 4, page 46, line 20, at end insert—

<( ) section 7A (voyeurism),>

Kenny MacAskill

79 In schedule 4, page 46, line 21, at end insert—

<( ) section 14A (sexual assault on a young child by penetration),>

Kenny MacAskill

80 In schedule 4, page 46, line 30, at end insert—

<( ) section 19A (sexual exposure to a young child),

( ) section 19B (voyeurism towards a young child),>

Kenny MacAskill

81 In schedule 4, page 46, line 31, at end insert—

<( ) section 21A (engaging in penetrative sexual activity with or towards an older child),>

Kenny MacAskill

82 In schedule 4, page 47, line 2, at end insert—

<( ) section 26A (sexual exposure to an older child),

( ) section 26B (voyeurism towards an older child),>

Kenny MacAskill

83 In schedule 4, page 47, leave out lines 17 and 18

Kenny MacAskill

84 In schedule 4, page 47, line 25, at end insert—

<( ) section 1A (sexual assault by penetration),>

Kenny MacAskill

85 In schedule 4, page 47, line 34, at end insert—

<( ) section 7A (voyeurism),>

Kenny MacAskill

86 In schedule 4, page 47, line 36, at end insert—

<( ) section 14A (sexual assault on a young child by penetration),>

Kenny MacAskill

87 In schedule 4, page 48, line 4, at end insert—

<( ) section 19A (sexual exposure to a young child),

( ) section 19B (voyeurism towards a young child),>

Kenny MacAskill

88 In schedule 4, page 48, line 5, at end insert—

<( ) section 21A (engaging in penetrative sexual activity with or towards an older child),>

Kenny MacAskill

89 In schedule 4, page 48, line 15, at end insert—

<( ) section 26A (sexual exposure to an older child),

( ) section 26B (voyeurism towards an older child),>

Kenny MacAskill

90 In schedule 4, page 48, line 29, at end insert—

<( ) section 1A (sexual assault by penetration),>

Kenny MacAskill

91 In schedule 4, page 48, line 38, at end insert—

<( ) section 7A (voyeurism),>

Kenny MacAskill

92 In schedule 4, page 48, line 39, at end insert—

<( ) section 14A (sexual assault on a young child by penetration),>

Kenny MacAskill

93 In schedule 4, page 49, line 8, at end insert—

<( ) section 19A (sexual exposure to a young child),

( ) section 19B (voyeurism towards a young child),>

Kenny MacAskill

94 In schedule 4, page 49, line 9, at end insert—

<( ) section 21A (engaging in penetrative sexual activity with or towards an older child),>

Kenny MacAskill

95 In schedule 4, page 49, line 19, at end insert—

<( ) section 26A (sexual exposure to an older child),

( ) section 26B (voyeurism towards an older child),>

Kenny MacAskill

96 In schedule 4, page 49, line 35, at end insert—

<Any offence under section 14A (sexual assault on a young child by penetration) or 21A (engaging in penetrative sexual activity with or towards an older child) of that Act.>

Kenny MacAskill

97 In schedule 4, page 50, line 3, leave out <7 (sexual exposure)> and insert <, 7 (sexual exposure) or 7A (voyeurism)>

Kenny MacAskill

98 In schedule 4, page 50, line 5, leave out <19> and insert <19B>

Kenny MacAskill

99 In schedule 4, page 50, line 12, at end insert—

<The Protection of Children (Scotland) Act 2003 (asp 5)

(1) Schedule 1 to the Protection of Children (Scotland) Act 2003 is amended as follows.

(2) At the end of paragraph 1 there is inserted—

"(n) an offence under section 14 (rape of a young child) of the Sexual Offences (Scotland) Act 2009 (asp 00);

(o) an offence under section 14A (sexual assault on a young child by penetration) of that Act;

(p) an offence under section 15 (sexual assault on a young child) of that Act;

(q) an offence under section 16 (causing a young child to participate in a sexual activity) of that Act;

(r) an offence under section 17 (causing a young child to be present during a sexual activity) of that Act;

(s) an offence under section 18 (causing a young child to look at a sexual image) of that Act;

(t) an offence under section 19(1) (communicating indecently with a young child) of that Act;

(u) an offence under section 19(2) (causing a young child to see or hear an indecent communication) of that Act;

(v) an offence under section 19A (sexual exposure to a young child) of that Act;

(x) an offenec under section 19B (voyeurism towards a young child) of that Act;

(y) an offence under section 21 (having intercourse with an older child) of that Act;

(z) an offence under section 21A (engaging in penetrative sexual activity with or towards an older child) of that Act;

(za) an offence under section 22 (engaging in sexual activity with or towards an older child) of that Act;

(zb) an offence under section 23 (causing an older child to participate in a sexual activity) of that Act;

(zc) an offence under section 24 (causing an older child to be present during a sexual activity) of that Act;

(zd) an offence under section 25 (causing an older child to look at a sexual image) of that Act;

(ze) an offence under section 26(1) (communicating indecently with an older child) of that Act;

(zf) an offence under section 26(2) (causing an older child to see or hear an indecent communication) of that Act;

(zg) an offence under section 26A (sexual exposure to an older child) of that Act;

(zh) an offence under section 26B (voyeurism towards an older child) of that Act;

(zi) an offence under section 31 (sexual abuse of trust) of that Act.".

(3) After paragraph 2(d) there is inserted—

"(da) commits an offence under section 1 (rape) of the Sexual Offences (Scotland) Act 2009 (asp 00) in relation to a child;

(db) commits an offence under section 1A (sexual assault by penetration) of that Act in relation to a child;

(dc) commits an offence under section 2 (sexual assault) of that Act in relation to a child;

(dd) commits an offence under section 3 (sexual coercion) of that Act in relation to a child;

(de) commits an offence under section 4 (coercing a person into being present during a sexual activity) of that Act in relation to a child;

(df) commits an offence under section 5 (coercing a person into looking at a sexual image) of that Act in relation to a child;

(dg) commits an offence under section 6(1) (communicating indecently) of that Act in relation to a child;

(dh) commits an offence under section 6(2) (causing a person to see or hear an indecent communication) of that Act in relation to a child;

(di) commits an offence under section 7 (sexual exposure) of that Act in relation to a child;

(dj) commits an offence under section 7A (voyeurism) of that Act in relation to a child;

(dk) commits an offence under section 35 (sexual abuse of trust of a mentally disordered person) of that Act in relation to a child;".

Kenny MacAskill

100 In schedule 4, page 50, line 16, at end insert—

<( ) after paragraph 41, there is inserted—

"41A Public indecency if—

(a) a person (other than the offender) involved in the offence was under 18, and

(b) the court determines that there was a significant sexual aspect to the offender’s behaviour in committing the offence.">

Kenny MacAskill

101 In schedule 4, page 50, line 31, leave out from <is> to <imprisonment> on line 32 and insert <, in respect of the offence, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) admitted to a hospital>

Kenny MacAskill

102 In schedule 4, page 51, leave out lines 17 and 18 and insert—

<( ) in respect of the offence, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) admitted to a hospital.>

Kenny MacAskill

103 In schedule 4, page 51, leave out lines 22 and 23 and insert—

<( ) in respect of the offence, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) admitted to a hospital.>

Kenny MacAskill

104 In schedule 4, page 51, leave out lines 27 and 28 and insert—

<( ) in respect of the offence, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) admitted to a hospital.>

Kenny MacAskill

105 In schedule 4, page 51, leave out lines 32 and 33 and insert—

<( ) in respect of the offence, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) admitted to a hospital.>

Kenny MacAskill

106 In schedule 4, page 51, leave out lines 37 and 38 and insert—

<( ) in respect of the offence, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) admitted to a hospital.>

Kenny MacAskill

107 In schedule 4, page 52, leave out lines 1 and 2 and insert—

<( ) in respect of the offence, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) admitted to a hospital.>

Kenny MacAskill

108 In schedule 4, page 52, leave out lines 6 and 7 and insert—

<( ) in respect of the offence, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) admitted to a hospital.>

Kenny MacAskill

109 In schedule 4, page 52, leave out lines 11 and 12 and insert—

<( ) in respect of the offence, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) admitted to a hospital.>

Kenny MacAskill

110 In schedule 4, page 52, leave out lines 16 and 17 and insert—

<( ) in respect of the offence, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) admitted to a hospital.>

Kenny MacAskill

111 In schedule 4, page 52, leave out lines 21 and 22 and insert—

<( ) in respect of the offence, is or has been—

(i) sentenced to a term of imprisonment, or

(ii) admitted to a hospital.>

Kenny MacAskill

112 In schedule 4, page 52, line 24, leave out from <the> to end of line 25 and insert <, in respect of the offence, the offender is or has been—

( ) sentenced to a term of imprisonment, or

( ) admitted to a hospital.>

Kenny MacAskill

113 In schedule 4, page 52, line 27, leave out from <the> to end of line 28 and insert <, in respect of the offence, the offender is or has been—

( ) sentenced to a term of imprisonment, or

( ) admitted to a hospital.>

Kenny MacAskill

114 In schedule 4, page 52, line 35, leave out <"59ZE"> and insert <"59ZF">

Kenny MacAskill

115 In schedule 4, page 53, line 6, leave out paragraph 7

Schedule 5

Kenny MacAskill

116 In schedule 5, page 54, line 8, column 2, leave out <(11)(a)> and insert <(11)>

Kenny MacAskill

117 In schedule 5, page 54, line 11, column 2, leave out <paragraphs (vii), (xx) and (xxi)> and insert <paragraph (vii)>

Kenny MacAskill

118 In schedule 5, page 54, leave out lines 22 to 24

Kenny MacAskill

119 In schedule 5, page 55, leave out lines 5 and 6

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