New Schedule 1 - Virginity testing: consequential amendments

Health and Care Bill – in the House of Commons at 4:30 pm on 23rd November 2021.

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‘Police and Criminal Evidence Act 1984

1 In section 65A of the Police and Criminal Evidence Act 1984 (qualifying offences for the purposes of Part 5 of that Act), in subsection (2), after paragraph (t) insert—

“(u) an offence under section (Offence of virginity testing: England and Wales), (Offence of offering to carry out virginity testing: England and Wales) or (Offence of aiding or abetting etc a person to carry out virginity testing: England and Wales) of the Health and Care Act 2021 (offences relating to virginity testing).”

Police and Criminal Evidence (Northern Ireland) Order 1989

2 In Article 53A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (qualifying offences for the purposes of Part 6 of that Order), in paragraph (2)—

(a) the second sub-paragraph (t) (inserted by the Space Industry Act 2018) becomes sub-paragraph (u);

(b) after that sub-paragraph insert—

“(v) an offence under section (Offence of virginity testing: Northern Ireland), (Offence of offering to carry out virginity testing: Northern Ireland) or (Offence of aiding or abetting etc a person to carry out virginity testing: Northern Ireland) of the Health and Care Act 2021 (offences relating to virginity testing).”

Criminal Justice and Public Order Act 1994

3 (1) Schedule 7A to the Criminal Justice and Public Order Act 1994 (offences for which cross-border powers of arrest available) is amended as follows.

(2) After paragraph 25 insert—

“25A An offence under any of the following sections of the Health and Care Act 2021—

(a) section (Offence of virginity testing: England and Wales) (virginity testing);

(b) section (Offence of offering to carry out virginity testing: England and Wales) (offering to carry out virginity testing);

(c) section (Offence of aiding or abetting etc a person to carry out virginity testing: England and Wales) (aiding or abetting etc a person to carry out virginity testing).”

(3) After paragraph 43 insert—

“43A An offence under any of the following sections of the Health and Care Act 2021—

(a) section (Offence of virginity testing: Scotland) (virginity testing);

(b) section (Offence of offering to carry out virginity testing: Scotland) (offering to carry out virginity testing);

(c) section (Offence of aiding or abetting etc a person to carry out virginity testing: Scotland) (aiding or abetting etc a person to carry out virginity testing).”

(4) After paragraph 67 insert—

“68 An offence under any of the following sections of the Health and Care Act 2021—

(a) section (Offence of virginity testing: Northern Ireland) (virginity testing);

(b) section (Offence of offering to carry out virginity testing: Northern Ireland) (offering to carry out virginity testing);

(c) section (Offence of aiding or abetting etc a person to carry out virginity testing: Northern Ireland) (aiding or abetting etc a person to carry out virginity testing).”

Crime and Disorder Act 1998

4 In section 51C of the Crime and Disorder Act 1998 (notices in certain cases involving children), in subsection (3)—

(a) after paragraph (da) insert—

“(db) under section (Offence of virginity testing: England and Wales), (Offence of offering to carry out virginity testing: England and Wales) or (Offence of aiding or abetting etc a person to carry out virginity testing: England and Wales) of the Health and Care Act 2021 (virginity testing etc);”;

(b) for “paragraph (a), (b), (c), (d) or (da)” substitute “any of paragraphs (a) to (db)”.

Modern Slavery Act 2015

5 In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), after paragraph 36A insert—

“Health and Care Act 2021

36B An offence under any of the following provisions of the Health and Care Act 2021—

(a) section (Offence of virginity testing: England and Wales) (virginity testing);

(b) section (Offence of offering to carry out virginity testing: England and Wales) (offering to carry out virginity testing);

(c) section (Offence of aiding or abetting etc a person to carry out virginity testing: England and Wales) (aiding or abetting etc a person to carry out virginity testing).”’—(Edward Argar.)

This new Schedule contains consequential amendments relating to NC36 to NC48 creating offences relating to virginity testing.

Brought up, and added to the Bill.