Back to the Scottish Parliament Business Bulletin No.49/2006: Wednesday 22 March 2006
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Section G – Bills

New amendments to Bills lodged on 21 March 2006

Police, Criminal Justice and Public Order (Scotland) Bill – Stage 2

After section 72

Hugh Henry

205 After section 72, insert—

<Control of sex offenders

Powers to take data and samples from persons subject to notification requirements

(1) The 1995 Act is amended in accordance with subsections (2) to (5).

(2) After section 19A there is inserted—

"19AA Samples etc. from sex offenders

(1) This section applies where a person is subject to the notification requirements of Part 2 of the 2003 Act.

(2) This section applies regardless of whether the person became subject to those requirements before or after the commencement of this section.

(3) Subject to subsections (4) to (7) below, where this section applies a constable may—

(a) take from the person or require the person to provide him with such relevant physical data as the constable considers reasonably appropriate;

(b) with the authority of an officer of a rank no lower than inspector, take from the person any sample mentioned in any of paragraphs (a) to (c) of subsection (6) of section 18 of this Act by the means specified in that paragraph in relation to that sample;

(c) take, or direct a police custody and security officer to take, from the person any sample mentioned in subsection (6A) of that section by the means specified in that subsection.

(4) The power conferred by subsection (3) above shall not be exercised where the person has previously had taken from him or been required to provide relevant physical data or any sample under section 19(2) or 19A(2) of this Act unless the data so taken or required have been or, as the case may be, the sample so taken has been, lost or destroyed.

(5) The power conferred by subsection (3) above shall not be exercised where the person has previously had taken from him or been required to provide relevant physical data or any sample under that subsection unless the data so taken or required or, as the case may be, the sample so taken—

(a) have or has been lost or destroyed; or

(b) were or was not suitable for the particular means of analysis or, though suitable, were or was insufficient (either in quantity or quality) to enable information to be obtained by that means of analysis.

(6) The power conferred by subsection (3) above may be exercised only—

(a) in a police station; or

(b) where the person is in legal custody by virtue of section 295 of this Act, in the place where the person is for the time being.

(7) The power conferred by subsection (3) above may be exercised in a police station only—

(a) where the person is present in the police station in pursuance of a requirement made by a constable to attend for the purpose of the exercise of the power; or

(b) while the person is in custody in the police station following his arrest or detention under section 14(1) of this Act in connection with an offence under section 91(1) of the 2003 Act.

(8) A requirement under subsection (7)(a) above—

(a) shall give the person at least seven days’ notice of the date on which he is required to attend; and

(b) may direct him to attend at a specified time of day or between specified times of day.

(9) A requirement under subsection (7)(a) above in a case where the person has previously had taken from him or been required to provide relevant physical data or any sample under subsection (3) above shall contain intimation that the relevant physical data were or the sample was unsuitable or, as the case may be, insufficient, as mentioned in subsection (5)(b) above.

(10) Before exercising the power conferred by subsection (3) above in a case to which subsection (7)(b) above applies, a constable shall inform the person that he is exercising that power.

(11) Any constable may arrest without warrant a person who fails to comply with a requirement under subsection (7)(a) above.

(12) This section does not prejudice the generality of section 18 of this Act.

(13) In this section, "the 2003 Act" means the Sexual Offences Act 2003 (c.42).".

(3) In section 19 (further powers to take samples etc.), in subsection (1)(b)(i), for "or 19A" there is substituted ", 19A or 19AA".

(4) In section 19A (power to take samples etc. from sexual and violent offenders), in subsection (3), for "or under this section" there is substituted ", under this section or under section 19AA(3) of this Act".

(5) Section 19B (power of constable in obtaining samples etc.) is amended as follows—

(a) in subsection (1)—

(i) in paragraph (a), for "or 19A(2)(a)" there is substituted ", 19A(2)(a) or 19AA(3)(a)"; and

(ii) in paragraph (b), for "or 19A(2)(b)" there is substituted ", 19A(2)(b) or 19AA(3)(b)"; and

(b) in subsection (2), for "or 19A(2)(c)" there is substituted ", 19A(2)(c) or 19AA(3)(c)".

(6) The Sexual Offences Act 2003 ("the 2003 Act") is amended in accordance with subsections (7) to (9).

(7) For sections 87(4) and (5) (power to take fingerprints etc. to verify person’s identity), there is substituted—

"(5A) Where a notification is given in Scotland under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), do one or more of the following—

(a) allow the officer or person to photograph any part of the offender,

(b) allow the officer or person to take from the offender, or provide to the officer or person, such relevant physical data as the officer or person considers appropriate,

(c) allow the officer or person to take from the offender any sample mentioned in any of paragraphs (a) to (c) of subsection (6) of section 18 of the Criminal Procedure (Scotland) Act 1995 by the means specified in that paragraph in relation to that sample,

(d) allow the officer or person to take from the offender any sample mentioned in subsection (6A) of that section by the means specified in that subsection.".

(8) In section 88 (interpretation of section 87), after subsection (2) there is inserted—

"(2A) "Relevant physical data" has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995.

(9) In section 91(1)(a) (offence of failing to complying with certain provisions of Part 2, including section 87(4)) for "87(4)" there is substituted "87(5A)".>

Hugh Henry

206 After section 72, insert—

<Sex offender notification requirements

(1) Section 83 of the 2003 Act (which requires certain offenders to make an initial notification of certain information) is amended in accordance with subsections (2) and (3).

(2) In subsection (5), after paragraph (g) there is inserted—

"(h) whether he has any passports and, in relation to each passport he has, the details set out in subsection (5A);

(i) such other information, about him or his personal affairs, as the Scottish Ministers may prescribe in regulations.

(5A) The details are—

(a) the issuing authority;

(b) the number;

(c) the dates of issue and expiry;

(d) the name and date of birth given as being those of the passport holder.".

(3) After subsection (7), there is inserted—

"(8) In this section, "passport" means—

(a) a United Kingdom passport within the meaning of the Immigration Act 1971 (c.77);

(b) a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;

(c) a document that can be used (in some or all circumstances) instead of a passport.".

(4) Section 84 of the 2003 Act (which requires certain changes to notified information to be notified within 3 days) is amended in accordance with subsections (5) and (6).

(5) In subsection (1)—

(a) the word "or" immediately after paragraph (c) is repealed;

(b) after paragraph (d) there is inserted—

"(e) his losing or ceasing to have a passport notified to the police under section 83(1) or this subsection,

(f) his receiving a passport which has not been notified to the police under section 83(1) or this subsection, or

(g) the occurrence, in relation to information required to be notified by virtue of regulations made under section 83(5)(i), of an event prescribed by the Scottish Ministers in regulations,"; and

(c) for "(as the case may be) the fact that he has been released" there is substituted "the fact that he has been released, the fact that he has lost or ceased to have the passport, the details set out in section 83(5A) in relation to the passport or (as the case may be) such information as the Scottish Ministers prescribe in regulations".

(6) After subsection (1), there is inserted—

"(1A) In subsection (1), "passport" has the same meaning as in section 83.".

(7) In section 87 of the 2003 Act (method of notification and related matters), after subsection (5A) (as inserted by section (Powers to take data and samples from persons subject to notification requirements)) there is inserted—

"(5B) Where a notification is given in Scotland under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), produce each passport he has to that officer or person, for inspection by that officer or person.

(5C) In subsection (5B), "passport" has the same meaning as in section 83.".

(8) In section 91(1)(a) of the 2003 Act (offences of failing to comply with certain provisions), after "(5A)" (as inserted by section (Powers to take data and samples from person subject to notification requirements)) there is inserted "or (5B)".

(9) In section 138 of the 2003 Act (orders and regulations), in subsection (2), after "21," there is inserted "83, 84,".

Hugh Henry

207 After section 72, insert—

<Information about release: power to require giving of specified information

In section 96 of the 2003 Act (information about release or transfer), after subsection (2) there is inserted—

"(2A) The regulations may make provision requiring the person who is responsible for an offender, in giving notice under the regulations, to provide—

(a) any information about the offender, or

(b) a photograph of any part of the offender.

(2B) In subsection (2A), "photograph" is to be construed in accordance with section 88(2).".>

Hugh Henry

208 After section 72, insert—

<Police powers of entry and examination of relevant offender’s home address

After section 96 of the 2003 Act there is inserted—

"Entry and examination of home address

96A Police powers of entry and examination of relevant offender’s home address

(1) A sheriff may, if satisfied on the application of a senior police officer of the relevant force as to the matters mentioned in subsection (2), grant a warrant authorising any constable of the relevant force to enter premises in the sheriffdom (if necessary using reasonable force) and to examine and search them, and the things in them, for the purpose mentioned in subsection (3).

(2) Those matters are—

(a) that the premises are either—

(i) premises whose address has been notified by a relevant offender as his home address in his most recent notification of a home address under this Part; or

(ii) premises whose address has been notified by a relevant offender as the address of any other premises at which he regularly resides or stays, in his most recent notification under section 83(1) or 85(1) or in any notification under section 84(1) given by him since that notification;

(b) that the offender is not one to whom subsection (4) applies;

(c) that it would assist the carrying out of the purpose mentioned in subsection (3), for a constable of the relevant force to examine and search the premises and the things in them; and

(d) that on more than one occasion, a constable of the relevant force has attempted to examine and search the premises and the things in them for the purpose mentioned in subsection (3) and has been unable (whether by not being able to search and examine the premises and the things in them, or by not being able to obtain entry to the premises) to do so.

(3) That purpose is assessing the risk of the offender committing a sexual offence.

(4) This subsection applies to the relevant offender if he is—

(a) remanded in or committed to custody by an order of a court;

(b) serving a sentence of imprisonment or a term of service detention;

(c) detained in a hospital; or

(d) outside the United Kingdom.

(5) A sheriff is to determine an application for a warrant under subsection (1) without hearing from the relevant sex offender or any other person who has an interest in the premises.

(6) A warrant under subsection (1) does not confer power to seize anything in the premises to which it relates.

(7) A warrant under subsection (1) must be executed at a reasonable hour.

(8) A warrant under subsection (1) continues in force until the expiry of the period of one month beginning with the date of the warrant’s grant.

(9) A warrant under subsection (1) authorises entry on one occasion only.

(10) This section does not prejudice any other power of entry, examination, search or seizure.

(11) In this section—

"the relevant force" means the police force maintained for the area in which the premises are situated;

"senior police officer" means a constable of the rank of superintendent or above."; and

"sexual offence" means—

(a) an offence within any of paragraphs 36 to 59 of Schedule 3; or

(b) any other offence in circumstances in which it would be likely that a determination such as is mentioned in paragraph 60 would be made in relation to the offence.".>

Section 73

Hugh Henry

209 In section 73, page 40, line 13, leave out <(1)(a)> and insert <(1), in each of paragraphs (a) and (b)>

Hugh Henry

210 In section 73, page 40, line 19, leave out from <and> to <about> in line 20

Hugh Henry

211 In section 73, page 40, line 20, leave out <and nationality> and insert <(in such detail>

Hugh Henry

212 In section 73, page 40, line 22, at end insert <); and

( ) the person’s nationality">

Hugh Henry

213 In section 73, page 40, line 25, leave out <(6)(a)(i)> and insert <(6), in each of paragraphs (a)(i) and (b)>

Hugh Henry

214 In section 73, page 40, line 35, leave out from <and> to <about> in line 36

Hugh Henry

215 In section 73, page 40, line 36, leave out <and nationality> and insert <(in such detail>

Hugh Henry

216 In section 73, page 40, line 38, at end insert <); and

( ) the person’s nationality">

Section 75

Hugh Henry

217 In section 75, page 42, line 15, leave out <for the purpose of establishing> and insert <which the officer may subject to analysis intended to reveal>

Hugh Henry

218 In section 75, page 43, line 3, leave out <for the purpose of establishing> and insert <to reveal>

Hugh Henry

219 In section 75, page 45, line 1, at beginning insert <Subject to subsection (7A),>

Hugh Henry

220 In section 75, page 45, line 2, at end insert—

<(7A) Where an analysis of the sample reveals that a relevant Class A drug is present in the person’s body, the sample may be retained so that it can be used, and supplied to others, for the purpose of any proceedings against the person for an offence under section 79 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 00); but—

(a) the sample may not be used, or supplied, for any other purpose; and

(b) the sample shall be destroyed as soon as possible once it is no longer capable of being used for that purpose.>

Hugh Henry

221 In section 75, page 45, line 4, leave out <one of>

Section 76

Hugh Henry

222 In section 76, page 45, line 36, leave out from beginning to <Ministers> in line 37

Hugh Henry

223 In section 76, page 45, line 38, leave out <may be> and insert <is>

After section 76

Colin Fox

224 After section 76 insert—

<Duty to refer arrested persons for treatment

(1) This section applies where—

(a) a person has undergone a drugs assessment under section 76;

(b) that drugs assessment has established that the person is dependent on, or has a propensity to misuse, any relevant Class A drug; and

(c) the drugs assessor thinks that the person might benefit from treatment or assistance (or both) in connection with this dependency or propensity.

(2) The drugs assessor must refer that person to a drug treatment or rehabilitation service that seems to the assessor to be appropriate to the person’s needs.

(3) On making such a referral the drugs assessor must—

(a) give, or send by registered post or the recorded delivery service, a copy of the referral to that person; and

(b) send a copy of the referral to the provider of the treatment or rehabilitation.>

Section 78

Hugh Henry

225 In section 78, page 47, line 13, leave out <give> and insert <change the date, time or place of the assessment by serving on>

Hugh Henry

226 In section 78, page 47, line 14, leave out from <any> to <assessment> in line 15 and insert <the change>

Hugh Henry

227 In section 78, page 47, line 16, at end insert—

<(4) For the purpose of subsection (3), a notice is served on a person if—

(a) given to the person; or

(b) sent to the person by registered post or a recorded delivery service.

(5) A certificate of posting of a notice sent under subsection (4)(b) issued by the postal operator concerned is sufficient evidence of the sending of the notice on the day specified in the certificate.

(6) In subsection (5), "postal operator" has the meaning given by section 125(1) of the Postal Services Act 2000 (c.26).>

Section 80

Hugh Henry

228 Leave out section 80

Section 81

Hugh Henry

229 In section 81, page 48, line 40, leave out <80> and insert <79>

Section 82

Hugh Henry

230 In section 82, page 49, line 4, leave out <80> and insert <79>

Section 89

Hugh Henry

231 In section 89, page 55, line 36, at end insert <;and

"the 2003 Act" means the Sexual Offences Act 2003 (c.42).>

Schedule 5

Hugh Henry

232 In schedule 5, page 75, line 24, at end insert—

<The Criminal Procedure (Scotland) Act 1995 (c.46)

In section 19A(3) of the 1995 Act (limitation on exercise of power to take samples etc from persons convicted of sexual and violent offences), for "19(1)(a) of this Act" there is substituted "subsection (2) of section 19 of this Act in a case where the power conferred by that subsection was exercised by virtue of subsection (1)(a) of that section".>

Scottish Schools (Parental Involvement) Bill – Stage 2

Section 1

Mr Frank McAveety

16 In section 1, page 1, line 11, after <schools> insert <and associated public nurseries>

Section 2

Fiona Hyslop

17 In section 2, page 2, line 1, after <involvement> insert <in parents’ own children’s education and in their school generally>

Mr Frank McAveety

18 In section 2, page 2, line 2, at end insert—

<( ) In preparing their strategy, an education authority is to have regard to how it will promote equal opportunities.>

Mr Kenneth Macintosh

19 In section 2, page 2, line 5, at end insert—

<( ) pupils in attendance at schools in the authority’s area,>

Section 3

Fiona Hyslop

20 In section 3, page 2, line 25, after <involvement> insert <in parents’ own children’s education and in their school generally>

Section 6

Mr Frank McAveety

21 In section 6, page 4, line 7, after <Forum,> insert—

<( ) the pupils of the school,>

Section 7

Fiona Hyslop

22 In section 7, page 4, line 26, at end insert—

<( ) Only a person who is a member of the Parent Forum may act as chair of the Parent Council.>

Section 8

Mr Kenneth Macintosh

23 In section 8, page 5, line 17, at end insert—

<( ) pupils at the school,>

Section 11

Fiona Hyslop

24 In section 11, page 7, line 35, leave out <in education there> and insert <in parents’ own children’s education and in their school generally>

Section 12

Fiona Hyslop

25 In section 12, page 8, line 33, at end—

<( ) An education authority are to take such steps as appear to them to be appropriate to address the factors which, in their judgement, discourage parental involvement in parents’ own children’s education and in their school generally.>

After section 12

Mr Kenneth Macintosh

26 After section 12, insert—

<Duty of education authority to monitor the composition of Parent Councils

An education authority are, for the purpose of encouraging equal opportunities, to—

(a) monitor the composition of any Parent Councils established for schools in the authority’s area, and

(b) report annually the results of this monitoring.>

Section 13

Mr Kenneth Macintosh

27 In section 13, page 9, line 12, at end insert <, and

( ) the promotion of equal opportunities in the school.>

Section 20

Mr Kenneth Macintosh

28 In section 20, page 12, line 24, at end insert—

<( ) In this Act, "equal opportunities" has the same meaning as in Section L2 of Part II of Schedule 5 to the Scotland Act 1998 (c.46).>

After section 14

Fiona Hyslop

29 After section 14, insert—

<Procedure for transfer of headteacher or deputy headteacher

An education authority are to consult any Parent Council established for a school before making arrangements for any transfer of that school’s headteacher or deputy headteacher to another post within the area covered by the authority, if that transfer is to last for a period of six months or longer.>

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