Amendments proposed to the Anti-terrorism, Crime and Security Bill - continued House of Commons

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Duration

   

Mr Oliver Letwin
Simon Hughes
Mr Dominic Grieve
Norman Baker

NC6

*To move the following Clause:—

    (1)   This Act, apart from Part 12, shall (subject to subsections (2) to (5)) cease to have effect at the end of the period of one year beginning with the day on which the Act receives Royal Assent.

    (2)   The Secretary of State may, subject to subsections (3) to (5), by order provide—

    (a)   that a provision of the Act which is in force (whether or not by virtue of this subsection) shall continue in force for a specified period not exceeding twelve months;

    (b)   that a provision of this Act shall cease to have effect;

    (c)   that a provision of this Act which is not in force (whether or not by virtue of this subsection) shall come into force and remain in force for a specified period not exceeding twelve months.

    (3)   Parts 1, 2, 6, 7, 8, 9 and 14 of this Act shall, by virtue of this subsection, cease to have effect at the end of the period of five years beginning with the day on which this Act is passed.

    (4)   Parts 3, 5, 10, 11 and 13 of this Act shall, by virtue of this subsection, cease to have effect at the end of the period of two years beginning with the day on which this Act is passed.

    (5)   Part 4 of this Act shall, by virtue of this subsection, cease to have effect at the end of the period of one year beginning with the day on which this Act is passed.'.


Report to Parliament No. 1

   

Simon Hughes
Norman Baker
Mr John Burnett
Bob Russell
Annette Brooke

NC7

*To move the following Clause:—

    '(1)   The Secretary of State shall lay before both Houses of Parliament at least once in every 12 months a report on the working of Parts 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 13 and 14 of this Act as they relate to terrorism.'.


Report to Parliament No. 2

   

Simon Hughes
Norman Baker
Mr John Burnett
Bob Russell
Annette Brooke

NC8

*To move the following Clause:—

    '(1)   The Secretary of State shall lay before both Houses of Parliament at least once in every 12 months a report on the working of the Parts of this Act which relate to terrorism.'.


   

Mr Oliver Letwin
Mr Dominic Grieve
Mr Humfrey Malins
Mr James Paice

105

*Schedule     1,     page     76,     line     11,     at end insert 'or is not in a form which can be held in an interest bearing account'.


   

Mr Secretary Blunkett
Mrs Secretary Liddell

46

*Schedule     2,     page     87,     leave out line 28 and insert—

    '(5)   For paragraph 19(3) substitute—

            "(3)   A restraint order made under paragraph 18(1) shall in particular be recalled on an application under sub-paragraph (2) if the proceedings for the offence have been concluded.

    (3A)   A restraint order made under paragraph 18(2) shall in particular be discharged on an application under sub-paragraph (2)—

    (a)   if no proceedings in respect of offences under any of sections 15 to 18 are instituted within such time as the Court of Session considers reasonable, and

    (b)   if all proceedings in respect of offences under any of sections 15 to 18 have been concluded.".'.

   

Mr Secretary Blunkett
Mrs Secretary Liddell

47

*Schedule     2,     page     87,     line     28,     at end insert—

    '(6)   In paragraph 23(1) for "19(3)(a)" substitute "19(3A)(a)".'.

   

Mr Secretary Blunkett

62

*Schedule     2,     page     92,     line     43,     at end insert—

    '(ca)   the acceptance of deposits from the public within the limit set by section 7(3) of that Act by such a society;'.


   

Mr Secretary Blunkett

43

*Schedule     5,     page     105,     line     29,     leave out 'Chlamydia' and insert 'Chlamydophila'.

   

Mr Secretary Blunkett

44

*Schedule     5,     page     106,     line     11,     at end insert—

    '1AAny reference in this Schedule to a toxin includes—

    (a)   any genetic material containing any nucleic acid sequence for the coding of the toxin; and

    (b)   any genetically modified organism containing any such sequence.'

   

Mr Secretary Blunkett

45

*Schedule     5,     page     106,     line     12,     leave out paragraph 2 and insert—

    '2Any reference in this Schedule to a toxin includes subunits of the toxin.'


   

Mr Secretary Blunkett
Mrs Secretary Liddell

76

Schedule     7,     page     108,     line     21,     at end insert—

'Police (Scotland) Act 1967 (c. 77)

    1The Police (Scotland) Act 1967 has effect subject to the following amendments.    2(1)Section 11 (aid of one police force by another) is amended as follows.    (2)   In subsection (2), for "Secretary of State" substitute "appropriate Minister or Ministers" and after "he" insert "or they".

    (3)   In subsection (4), for "Secretary of State" substitute "appropriate Ministers".

    (4)   After that subsection insert—

            "(5)   This section shall apply in relation to the Strategic Rail Authority and the British Transport Police Force as it applies to a police authority and a police force respectively.

    (6)   In subsection (2) "appropriate Minister or Ministers" means—

    (a)   in relation to a direction given to the Chief Constable of the British Transport Police Force, the Secretary of State, and

    (b)   in any other case, the Scottish Ministers.

    (7)   In subsection (4) "appropriate Ministers" means—

    (a)   where the police authorities concerned include the Strategic Rail Authority, the Scottish Ministers and the Secretary of State, acting jointly, and

    (b)   in any other case, the Scottish Ministers."

    3(1)Section 12 (collaboration agreements) is amended as follows.    (2)   In subsection (3), for "Secretary of State" substitute "Scottish Ministers".

    (3)   For subsection (5) substitute—

            "(5)   If it appears to the Scottish Ministers that an agreement should be made for the purposes specified in subsection (1), (2) or (4) of this section, they may, after considering any representations made by the parties concerned, direct those parties to enter into such agreement for that purpose as may be specified in the directions.

    (6)   For the purposes of this section—

    (a)   the British Transport Police Force shall be treated as if it were a police force;

    (b)   "police functions" shall include the functions of the British Transport Police Force;

    (c)   the British Transport Police Committee shall be treated as if it were the police authority maintaining that Force for the purposes of subsections (1) and (2) of this section; and the Strategic Rail Authority shall be so treated for the purposes of subsection (3) of this section; and

    (d)   "police area", in relation to the British Transport Police Force and the British Transport Police Committee, means those places where members of the British Transport Police Force have the powers, protection and privileges of a constable under section 53(4) of the British Transport Commission Act 1949 (c. xxix).

    (7)   In relation to agreements relating to the British Transport Police Force, any determination under subsection (3) shall be made, and any directions under subsection (5) shall be given, by the Scottish Ministers and the Secretary of State, acting jointly."

    4(1)Section 17 (general functions and jurisdiction of constables) is amended as follows.    (2)   After subsection (4) insert—

            "(4A)   A member of the British Transport Police Force who is for the time being required by virtue of section 11 or 12 of this Act to serve with a police force shall—

    (a)   have all the powers and privileges of a constable of that police force, and

    (b)   be subject to the direction of the chief constable of that force."

    (3)   In subsection (7)(a) after "first-mentioned force" insert "or, if he is serving with the British Transport Police Force, the Chief Constable of that Force".

    5(1)Section 42 (causing disaffection) is amended as follows.    (2)   In subsection (1), after "force" insert "or of the British Transport Police Force".

    (3)   In subsection (2), after "constable" insert "or a member of the British Transport Police Force".

    6(1)Section 43 (impersonation etc.) is amended as follows.    (2)   After subsection (2) insert—

            "(2A)   For the purposes of this section—

    (a)   "constable" includes a member of the British Transport Police Force, and

    (b)   any reference to "police" includes a reference to that force."

    (3)   In subsection (3), after "police authority" insert "or by the British Transport Police Committee".

    (4)   After that subsection insert—

            "(4)   In its application to articles of British Transport Police Force uniform, subsection (1)(b) has effect as if for the words "without the permission of the police authority for the police area in which he is" were substituted the words "in circumstances where it gives him an appearance so nearly resembling that of a constable as to be calculated to deceive".

    7In section 51 (interpretation), after the definition of "amalgamation scheme" insert—

        ""British Transport Police Force" means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);".'.   

Mr Secretary Blunkett
Mrs Secretary Liddell

77

*Schedule     7,     page     109,     line     38,     leave out from '(11)' to end of line 42 and insert—

    '(a)   before the definition of "dangerous instruments" insert—

        ""British Transport Police Force" means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix)",
and
    (b)   after the definition of "offensive weapon" insert—

        ""policed premises", in relation to England and Wales, has the meaning given by section 53(3) of the British Transport Commission Act 1949 (c. xxix) and, in relation to Scotland, means those places where members of the British Transport Police Force have the powers, protection and privileges of a constable under section 53(4)(a) of that Act (as it relates to Scotland).".'.

 
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Prepared 19 Nov 2001