Member

83: Clause 32, page 45, line 19, at end insert— “(9A) After section 42 insert—“42A Interpretation of sections 38 to 42(1) This section applies for the interpretation of sections 38 to 42.(2) A person (“A”) is not in the presence of another person (“B”) at any time if—(a) where A is an individual, A or a person acting on behalf of A is not in the presence of B at that time;(b) where A is not an individual, a person acting on behalf of A is not in the presence of B at that time.(3) A person other than an individual—(a) is within the United Kingdom at any time, if the person carries on a business of selling articles of any kind from premises in any part of the United Kingdom at that time;(b) is outside the United Kingdom at any time, if the person does not carry on a business of selling articles of any kind from premises in any part of the United Kingdom at that time.(4) The “appropriate national authority” is—(a) in relation to England and Wales, the Secretary of State;(b) in relation to Scotland, the Scottish Ministers;(c) in relation to Northern Ireland, the Department of Justice in Northern Ireland.(5) A person charged with an offence is to be taken to have shown a matter if—(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and(b) the contrary is not proved beyond reasonable doubt.”.”Member’s explanatory statement See my amendment to clause 32, page 37, line 11.