Amendments proposed to the Housing Benefit (Withholding of Payment) Bill - continued House of Commons

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As Amendments to Mr Malcolm Wicks's proposed New Clause (NC3) (Anti-social behaviour declarations: criminal proceedings):

   

Mr Frank Field
Mr David Willetts
Mr James Clappison
Mr Tim Boswell

(a)

*Line     4,     leave out paragraph (b).

   

Mr Edward Davey

(c)

*Line     9,     at end insert 'and provide written evidence, including at least a statement from the landlord of the offender.'.

   

Mr Edward Davey

(d)

*Line     13,     after 'convictions', insert 'and by reason of the written evidence it has considered as to the specific anti-social behaviour concerned,'.

   

Mr Edward Davey

(b)

*Line     24,     after 'home', insert ', provided that if a person can show that he acted in self defence or under extreme provocation then his behaviour shall not be deemed to be anti-social'.


Anti-social behaviour declarations: civil proceedings
   

Mr Malcolm Wicks

NC4

To move the following Clause:—

    '(1)   This section applies where—

      (a) in England and Wales, the High Court, a county court or a magistrates' court, or

      (b) in Scotland, the Court of Session or the sheriff,

    makes a prescribed order in any civil proceedings, other than prescribed proceedings.

    (2)   Any prescribed party to the proceedings may apply to the court for a declaration that any other prescribed party has behaved in an anti-social manner by reason of any or all of the conduct in respect of which the order is made.

    (3)   If the court is satisfied on an application under subsection (2) that the person concerned has so behaved it must make a declaration accordingly.

    (4)   A declaration under this section must specify the day on which the conduct in respect of which it is made occurred or, if that conduct occurred on more than one day, the earliest and latest days on which it occurred.

    (5)   Subsection (5) of section (anti-social behaviour declarations: criminal proceedings) applies for the purposes of this section as it applies for the purposes of that section.'.

As Amendments to Mr Malcolm Wicks's proposed New Clause (NC4) (Anti-social behaviour declarations: civil proceedings):

   

Mr Edward Davey

(a)

*Line     12,     after 'accordingly', insert ', provided that the court need not make such a declaration if it is of the opinion that the person acted in self defence or under extreme provocation.'.

   

Mr Edward Davey

(b)

*Line     12,     at end insert—

    '(3A)   A court may only make a declaration under subsection (3) above against a person over the age of 65 if it considers that there are exceptional circumstances and if it is satisfied that no other method of dealing with that person's behaviour is applicable.'.

   

Mr Edward Davey

(c)

*Line     19,     at end add—

    '(6)   Where a court is minded to make an order under this section and it forms the view that any person against whom the order is intended is unable to properly represent himself and is not represented the court shall adjourn the proceedings to give any such person the opportunity of securing legal representation.'.


Withholding of benefit

   

Mr Malcolm Wicks

NC5

To move the following Clause:—

    '(1)   Where a declaration is made under this Act in respect of a person, any housing benefit payable to him during the disqualification period shall be payable as if the rate of benefit were reduced in the prescribed manner.

    (2)   Subsection (1) does not apply in prescribed cases.

    (3)   Subsection (1) also does not apply to a declaration made in respect of a person ("declaration A") where—

      (a) another declaration made under this Act in respect of that person ("declaration B") has been taken into account for the purposes of any previous application of that subsection, and

      (b) any day which is a relevant day in relation to declaration A is also a relevant day in relation to declaration B.

    (4)   For the purposes of subsection (3)(b) "relevant day", in relation to a declaration under this Act, means—

      (a) in a case where only one day is specified in the declaration under section (anti-social behaviour declarations: criminal proceedings)(4) or (anti-social behaviour declarations: civil proceedings)(4), that day, and

      (b) in any other case, the earliest and latest days so specified and any day between them.

    (5)   Where a declaration by virtue of which subsection (1) operates is quashed or set aside, all such payments and other adjustments shall be made as would be necessary if the declaration had not been made.

    (6)   Where, in the case of a declaration by virtue of which subsection (1) operates, the date or dates specified under section (anti-social behaviour declarations: criminal proceedings)(4) or (anti-social behaviour declarations: civil proceedings)(4) are varied by a court (on appeal or otherwise), all such payments and other adjustments must be made as would be necessary if the declaration had been made as varied.

    (7)   In this section "disqualification period" means such period, not exceeding 52 weeks, as may be determined by or in accordance with regulations made by the Secretary of State.'.

As Amendments to Mr Malcolm Wicks's proposed New Clause (NC5) (Withholding of benefit):

   

Mr Edward Davey

(c)

*Line     2,     leave out 'shall' and insert 'may'.

   

Mr Frank Field
Mr David Willetts
Mr James Clappison
Mr Tim Boswell

(a)

*Line     3,     at end insert—

    '(1A)   Where a declaration is made under this Act in respect of a person any housing benefit payable to a person in whose household he resides may be payable as if the rate of benefit were reduced in the prescribed manner.

    (1B)   Where a declaration is made under this Act in respect of a person and the commission of the anti-social behaviour leading to the making of the declaration took place within three years of the commission of anti-social behaviour leading to a previous declaration of anti-social behaviour, any housing benefit payable to him or a person in whose household he resides may be withheld.'.

   

Mr Frank Field
Mr David Willetts
Mr James Clappison
Mr Tim Boswell

(b)

*Line     29,     after second 'period,', insert 'not less than 13 weeks and'.

   

Mr Edward Davey

(d)

*Line     30,     leave out '52' and insert '26'.


Administration

   

Mr Malcolm Wicks

NC6

To move the following Clause:—

    '(1)   Where a court makes, quashes or sets aside a declaration under this Act, or varies the date or dates specified in such a declaration under section (anti-social behaviour declarations: criminal proceedings)(4) or (anti-social behaviour declarations: civil proceedings)(4), it must notify the Secretary of State in the prescribed manner of—

      (a) the fact that it has done so, and

      (b) the prescribed information.

    (2)   The Secretary of State may make regulations about how information relating to declarations under this Act may be used and supplied (and may in particular authorise the supply of such information by any person to any other person).

    (3)   In section 170 of the Social Security Administration Act 1992 (c.5) (functions of the Social Security Advisory Committee), in subsection (5), in the definition of "the relevant enactments", after paragraph (ag) insert—

          "(ah) the provisions of the Housing Benefit (Withholding of Payment) Act 2002; and".'.

As an Amendment to Mr Malcolm Wicks's proposed New Clause (NC6) (Administration):

   

Mr Edward Davey

(a)

*Line     17,     at end add—

    '(4)   This section shall only take effect when the Secretary of State has published and laid before Parliament a report on the administration costs this Act will impose on—

      (a) his Department;

      (b) the courts; and

      (c) local authorities.'.


Regulations

   

Mr Malcolm Wicks

NC7

To move the following Clause:—

    '(1)   Subject to subsection (6), in this Act "prescribed" means prescribed, or of a description prescribed, by regulations made by the Secretary of State.

    (2)   Any power to make regulations under this Act is exercisable by statutory instrument.

    (3)   Subsections (4) to (7) of section 189 of the Social Security Administration Act 1992 (c.5) (supplemental and incidental provision) apply in relation to the powers to make regulations conferred by this Act as they apply in relation to the powers to make regulations conferred by that Act.

    (4)   Subject to subsection (5), a statutory instrument containing regulations under this Act may not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

    (5)   Subsection (4) does not apply in the case of an instrument containing regulations under section (administration) only.

    Such an instrument is subject to annulment in pursuance of a resolution of either House of Parliament.

    (6)   In the application of section (administration) in relation to any court in Scotland, "prescribed" means—

      (a) in relation to declarations under section (anti-social behaviour declarations: criminal proceedings), prescribed by the High Court of Justiciary by Act of Adjournal, and

      (b) in relation to declarations under section (anti-social behaviour declarations: civil proceedings), prescribed by the Court of Session by Act of Sederunt.

    (7)   The power of the Court of Session by Act of Sederunt to regulate the procedure and practice in civil proceedings in the sheriff court includes power to regulate—

      (a) the manner in which the court must notify the Secretary of State of the fact that it has made, quashed or set aside a declaration under this Act, or varied the date or dates specified in such a declaration under section (anti-social behaviour declarations: criminal proceedings)(4) or (anti-social behaviour declarations: civil proceedings)(4), and

      (b) the information which the court must give to the Secretary of State.

    (8)   Subsections (4) and (5) do not apply to Acts of Adjournal and Acts of Sederunt.'.

 
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Prepared 11 Jul 2002