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Domestic Abuse Bill: Keeling Schedules

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Domestic Abuse Bill: Keeling Schedules DOMESTIC ABUSE BILL: KEELING SCHEDULES This document shows provisions in other enactments as they would be amended by the Bill. It is intended to assist the consideration of these provisions in the Bill and should not be taken as a definitive statement of the law as it would have effect on the enactment of the Bill. Deletions are shown struck through and additions in italics. Index Criminal Procedure (Scotland) Act 1995 – Section 11 Housing Act 1996 – Sections 177, 178, 179, 189, 198 and 218 Youth Justice and Criminal Evidence Act 1999 – Sections 17 and 25 Homelessness (Priority Need for Accommodation) (England) Order 2002 – Article 6 Sexual Offences Act 2003 – Section 72 and Schedule 2 Government of Wales Act 2006 – Section 37 Offender Management Act 2007 – Section 28 Sexual Offences (Northern Ireland) Order 2008 – Article 76 Section 11 of the Criminal Procedure (Scotland) Act 1995 as amended by paragraph 4 of Schedule 2 to the Bill 11— Certain offences committed outside Scotland. (1) Any British citizen or British subject relevant person who in a country outside the United Kingdom does any act or makes any omission which if done or made in Scotland would constitute the crime of murder or of culpable homicide shall be guilty of the same crime and subject to the same punishment as if the act or omission had been done or made in Scotland. (2) Any British citizen or British subject relevant person employed in the service of the Crown who, in a foreign country, when acting or purporting to act in the course of his employment, does any act or makes any omission which if done or made in Scotland would constitute an offence punishable on indictment shall be guilty of the same offence and subject to the same punishment, as if the act or omission had been done or made in Scotland. (2A) Any relevant person who in a country outside the United Kingdom does any act which— (a) constitutes an offence under the law in force in that country, and (b) if done in Scotland would constitute the crime of assault, is guilty of the same crime and subject to the same punishment as if the act had been done in Scotland. (2B) In subsections (1) to (2A)— “country” includes territory; “relevant person” means a person who is a United Kingdom national or is habitually resident in Scotland; “United Kingdom national” means an individual who is— (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen, (b) a person who under the British Nationality Act 1981 is a British subject, or (c) a British protected person within the meaning of that Act. (3) A person may be prosecuted, tried and punished for an offence to which this section applies— (a) in any sheriff court district in Scotland in which he is apprehended or is in custody; or (b) in such sheriff court district as the Lord Advocate may determine, as if the offence had been committed in that district, and the offence shall, for all purposes incidental to or consequential on the trial or punishment thereof, be deemed to have been committed in that district. (4) Any person who— (a) has in his possession in Scotland property which he has stolen in any other part of the United Kingdom; or (b) in Scotland receives property stolen in any other part of the United Kingdom, may be prosecuted, tried and punished in Scotland in like manner as if he had stolen it in Scotland. (5) Where a person in any part of the United Kingdom outside Scotland– (a) steals or attempts to steal any mail-bag or postal packet in the course of its transmission by post, or any of the contents of such a mail-bag or postal packet; or (b) in stealing or with intent to steal any such mail-bag or postal packet or any of its contents commits any robbery, attempted robbery or assault with intent to rob, he is guilty of the offence mentioned in paragraph (a) or (b) as if he had committed it in Scotland and shall be liable to be prosecuted, tried and punished there without proof that the offence was committed there. (6) Any expression used in subsection (5) and in the Postal Services Act 2000 has the same meaning in that subsection as it has in that Act. Section 177 of the Housing Act 1996 as amended by clause 71(2) of the Bill Section 177: Whether it is reasonable to continue to occupy accommodation (1) It is not reasonable for a person to continue to occupy accommodation if it is probable that this will lead to domestic violence or other violence violence or domestic abuse against him, or against— (a) a person who normally resides with him as a member of his family, or (b) any other person who might reasonably be expected to reside with him. (1A) For this purpose “violence” means— (a) violence from another person; or (b) threats of violence from another person which are likely to be carried out; and violence is “domestic violence” if it is from a person who is associated with the victim. (1A) For this purpose- (a) “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2020; (b) “violence” means- (i) violence from another person; or (ii) threats of violence from another person which are likely to be carried out. (2) In determining whether it would be, or would have been, reasonable for a person to continue to occupy accommodation, regard may be had to the general circumstances prevailing in relation to housing in the district of the local housing authority to whom he has applied for accommodation or for assistance in obtaining accommodation. (3) The Secretary of State may by order specify— (a) other circumstances in which it is to be regarded as reasonable or not reasonable for a person to continue to occupy accommodation, and (b) other matters to be taken into account or disregarded in determining whether it would be, or would have been, reasonable for a person to continue to occupy accommodation. Section 178 of the Housing Act 1996 as repealed by clause 71(3) of the Bill Section 178: Meaning of associated person (1) For the purposes of this Part, a person is associated with another person if— (a) they are or have been married to each other; (aa) they are or have been civil partners of each other; (b) they are cohabitants or former cohabitants; (c) they live or have lived in the same household; (d) they are relatives; (e) they have agreed to marry one another (whether or not that agreement has been terminated); (ea) they have entered into a civil partnership agreement between them (whether or not that agreement has been terminated); (f) in relation to a child, each of them is a parent of the child or has, or has had, parental responsibility for the child. (2) If a child has been adopted or falls within subsection (2A), two persons are also associated with each other for the purposes of this Part if— (a) one is a natural parent of the child or a parent of such a natural parent, and (b) the other is the child or a person— (i) who has become a parent of the child by virtue of an adoption order or who has applied for an adoption order, or (ii) with whom the child has at any time been placed for adoption. (2A) A child falls within this subsection if— (a) an adoption agency, within the meaning of section 2 of the Adoption and Children Act 2002, is authorised to place him for adoption under section 19 of that Act (placing children with parental consent) or he has become the subject of an order under section 21 of that Act (placement orders), or (b) he is freed for adoption by virtue of an order made— (i) in England and Wales, under section 18 of the Adoption Act 1976, (ii) in Scotland, under section 18 of the Adoption (Scotland) Act 1978, or (iii) in Northern Ireland, under Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987. (3) In this section— “adoption order” means an adoption order within the meaning of section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002; “child” means a person under the age of 18 years; “civil partnership agreement” has the meaning given by section 73 of the Civil Partnership Act 2004; “cohabitants” means— two people who, although not married to, or civil partners of, each other, are living together as if they were a married couple or civil partners; and “former cohabitants” shall be construed accordingly; “parental responsibility” has the same meaning as in the Children Act 1989; and “relative”, in relation to a person, means— (a) the father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, grandmother, grandfather, grandson or granddaughter of that person or of that person's spouse, civil partner, former spouse or former civil partner, or (b) the brother, sister, uncle, aunt, niece or nephew (whether of the full blood or of the half blood or by marriage or civil partnership) of that person or of that person's spouse, civil partner, former spouse or former civil partner, and includes, in relation to a person who is living or has lived with another person as if they were a married couple or civil partners, a person who would fall within paragraph (a) or (b) if the parties were married to, or civil partners of, each other.
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