Member

388C: After Clause 164, insert the following new Clause— “Notification requirements for child cruelty offenders: power to amend Schedule (Notification requirements for child cruelty offenders: child cruelty offences)(1) The Secretary of State may by regulations amend—(a) Schedule (Notification requirements for child cruelty offenders: child cruelty offences) (child cruelty offences);(b) section (Notification requirements for child cruelty offenders: interpretation) for the purposes of that Schedule.(2) Regulations under subsection (1) may add an offence to Schedule (Notification requirements for child cruelty offenders: child cruelty offences) only if—(a) the Secretary of State considers it appropriate to do so, having regard to the nature and seriousness of the harm that may be caused to persons under 18 by conduct constituting the offence, and(b) the offence is not listed in Schedule 3 to the Sexual Offences Act 2003 (offences to which Part 2 of that Act applies) (disregarding for this purpose any condition subject to which an offence is listed in that Schedule). (3) Where an offence is capable of being committed against a person aged 18 or over, an amendment adding it to Schedule (Notification requirements for child cruelty offenders: child cruelty offences) must include a condition that the victim was under 18.(4) An amendment of Schedule (Notification requirements for child cruelty offenders: child cruelty offences) or section (Notification requirements for child cruelty offenders: interpretation) within subsection (5) does not apply to convictions, findings and cautions before the amendment takes effect.(5) An amendment is within this subsection if it—(a) adds an offence,(b) removes a condition relating to an offence, or(c) changes a condition in such a way as to cause an offence committed by or against a person of a particular age in certain circumstances, or resulting in a particular disposal, to be within the Schedule when it would not otherwise be.(6) Before making regulations under this section the Secretary of State must consult—(a) the National Police Chiefs’ Council, and(b) any other persons the Secretary of State considers appropriate.”Member's explanatory statement This new clause confers powers to amend the list of child cruelty offences in my new Schedule inserted before Schedule 21.