Moved by
Lord Parkinson of Whitley Bay
271C: Schedule 14, page 231, line 33, leave out from “2003” to “after” in line 34 and insert “, in the list of offences for England and Wales,”
Member’s explanatory statement
This amendment makes it clearer that changes to the Sexual Offences Act 2003 in paragraph 2 of Schedule 14 to the Bill relate to England and Wales only (since the next amendment in the Minister’s name makes equivalent amendments for Northern Ireland).
271D: Schedule 14, page 231, line 38, at end insert—
“2A_ In Schedule 5 to the Sexual Offences Act 2003, in the list of offences for Northern Ireland, after paragraph 171H insert—
“171I_ An offence under section 160 of the Online Safety Act 2023 (false communications).
171J_ An offence under section 162 of that Act (threatening communications).””
Member’s explanatory statement
This amendment concerns offences relevant to the making of certain orders under the Sexual Offences Act 2003. Now that the false and threatening communications offences under this Bill are to extend to Northern Ireland, this amendment updates the references in Schedule 5 to the Sexual Offences Act that relate to Northern Ireland.
271E: Schedule 14, page 232, line 14, after “sending” insert “or showing”
Member’s explanatory statement
This amendment makes a minor change to the description of the epilepsy trolling offence so that the description is more accurate.
271F: Schedule 14, page 232, line 14, at end insert—
“Part 1A
AMENDMENTS CONSEQUENTIAL ON OFFENCE IN SECTION (ENCOURAGING OR ASSISTING SERIOUS SELF-HARM)
Children and Young Persons Act 1933
4A_ In Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons with respect to which special provisions of Act apply), after the entry relating to the Suicide Act 1961 insert—
“An offence under section (Offence of encouraging or assisting serious self-harm)(1) of the Online Safety Act 2023 (encouraging or assisting serious self-harm) where the relevant act is an act capable of, and done with the intention of, encouraging or assisting the serious self-harm of a child or young person.”
Visiting Forces Act 1952
4B_(1) The Schedule to the Visiting Forces Act 1952 (offences referred to in section 3) is amended as follows.
(2) In paragraph 1(b), after paragraph (xv) insert—
“(xvi) section (Offence of encouraging or assisting serious self-harm) of the Online Safety Act 2023;”.
(3) In paragraph 2(b), after paragraph (iv) insert—
“(v) section (Offence of encouraging or assisting serious self-harm) of the Online Safety Act 2023;”.
Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))
4C_ In Schedule 1 to the Children and Young Persons Act (Northern Ireland) 1968 (offences against children and young persons with respect to which special provisions of Act apply), after the entry relating to the Criminal Justice Act (Northern Ireland) 1966 insert—
“An offence under section (Offence of encouraging or assisting serious self-harm)(1) of the Online Safety Act 2023 (encouraging or assisting serious self-harm) where the relevant act is an act capable of, and done with the intention of, encouraging or assisting the serious self-harm of a child or young person.”
Criminal Attempts Act 1981
4D_ In section 1 of the Criminal Attempts Act 1981 (attempting to commit an offence), in subsection (4), after paragraph (c) insert—
“(d) an offence under section (Offence of encouraging or assisting serious self-harm)(1) of the Online Safety Act 2023 (encouraging or assisting serious self-harm).”
Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/ 1120 (N.I. 13))
4E_ In Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (attempting to commit an offence), in paragraph (4), after sub-paragraph (c) insert—
“(ca) an offence under section (Offence of encouraging or assisting serious self-harm)(1) of the Online Safety Act 2023 (encouraging or assisting serious self-harm);”
Armed Forces Act 2006
4F_ In Schedule 2 to the Armed Forces Act 2006 (“Schedule 2 offences”), in paragraph 12, at the end insert—
“(ba) an offence under section (Offence of encouraging or assisting serious self-harm) of the Online Safety Act 2023 (encouraging or assisting serious self-harm).”
Serious Crime Act 2007
4G_(1) The Serious Crime Act 2007 is amended as follows.
(2) In section 51A (exceptions to section 44 for encouraging or assisting suicide)—
(a) the existing text becomes subsection (1);
(b) after that subsection insert—
“(2) Section 44 does not apply to an offence under section (Offence of encouraging or assisting serious self-harm)(1) of the Online Safety Act 2023 (offence of encouraging or assisting serious self-harm).”;
(c) in the heading, at the end insert “or serious self-harm”.
(3) In Part 1 of Schedule 3 (listed offences: England and Wales and Northern Ireland), after paragraph 24A insert—
“Online Safety Act 2023
24B_ An offence under section (Offence of encouraging or assisting serious self-harm)(1) of the Online Safety Act 2023 (encouraging or assisting serious self-harm).””
Member’s explanatory statement
This amendment makes changes which are consequential on the new offence proposed by the amendment in the Minister’s name to be inserted after clause 164. Among other things, changes are proposed to the Criminal Attempts Act 1981 and the Serious Crime Act 2007 to ensure that offences of attempt and encouragement etc in those Acts do not apply in relation to the new offence, because that offence is itself an inchoate offence.