Amendments proposed to the Police Reform Bill [܃f4lords], As Amended - continued House of Commons

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Power of arrest in relation to trespass on land in search of game
   

Mr Mark Simmonds

NC10

*To move the following Clause:—

       'A constable in uniform may arrest a person without warrant if he has reasonable cause to suspect that the person has committed an offence under section 30 of the Game Act 1831 (c. 32) (which makes it an offence for persons to trespass in the day-time on land in search of game).'.


Penalties for trespass on land in search of game
   

Mr Mark Simmonds

NC11

*To move the following Clause:—

    '( )—.   (1) Section 30 of the Game Act 1931 (c. 32) (which make it an offence for persons to trespass in the day-time on land in search of game) shall be amended as follows—

      (a) for the words "not exceeding level 3" there shall be substituted "not less than level 3".

      (b) For the words "level 4" there shall be substituted "level 5".

    (3)   A person guilty of an offence under that section, who has previously been convicted of an offence under that Act, shall be liable on summary conviction to a fine not less than level 4 and not exceeding level 5 on the standard scale.

    (4)   A person guilty of an offence under that section who has previously been convicted of two or more offences under that Act, shall be liable on summary conviction to imprisonment for a term not exceeding six months.'.


Trespass on land in search of game: forfeiture of vehicles
   

Mr Mark Simmonds

NC12

*To move the following Clause:—

       'In subsection (1) of section 4A of the Game Laws (Amendment) Act 1960 (c. 36) (forfeiture of vehicles), which is inserted by paragraph 4 of Schedule 9 to the Criminal Justice and Public Order Act 1994 (c. 33), the words "as one of five or more persons liable under that section" shall be deleted.'.


Seizure of vehicles used in connection with searches for game
   

Mr Mark Simmonds

NC13

*To move the following Clause:—

    '( ).—(1)   Where a constable in uniform has reasonable grounds for believing that a motor vehicle is being, or has been, used on any occasion in connection with an offence under section 30 of the Game Act 1831 (c. 32) (which makes it an offence for persons to trespass in the day-time on land in search of game) he shall have the powers set out in subsection (2).

    (2)   A constable in uniform shall also have the powers set out in subsection (3) where he has reasonable grounds for believing that a motor vehicle has been used on any occasion in a manner falling within subsection (1).

    (3)   Those powers are—

      (a) power, if the motor vehicle is moving, to order the person driving it to stop the vehicle;

      (b) power to seize and remove the motor vehicle;

      (c) power, for the purposes of exercising a power falling within paragraph (a) or (b), to enter any premises on which he has reasonable grounds for believing the motor vehicle to be;

      (d) power to use reasonable force, if necessary, in the exercise of any power conferred by any of paragraphs (a) to (c).

    (4)   A constable shall not seize a motor vehicle in the exercise of the powers conferred on him by this section unless—

      (a) he has warned the person appearing to him to be the person whose use falls within subsection (1) that he will seize it, if that use continues or is repeated; and

      (b) it appears to him that the use has continued or been repeated after the warning.

    (5)   Subsection (4) does not require a warning to be given by a constable on any occasion on which he would otherwise have the power to seize a motor vehicle under this section if—

      (a) the circumstances make it impracticable for him to give the warning;

      (b) the constable has already on that occasion given a warning under that subsection in respect of any use of that motor vehicle or of another motor vehicle by that person or any other person;

      (c) the constable has reasonable grounds for believing that such a warning has been given on that occasion otherwise than by him; or

      (d) the constable has reasonable grounds for believing that the person whose use of that motor vehicle on that occasion would justify the seizure is a person to whom a warning under that subsection has been given (whether or not by that constable or in respect of the same vehicle or the same or a similar use) on a previous occasion in the previous twelve months.

    (6)   A person who fails to comply with an order under subsection (3)(a) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

    (7)   Subsection (3)(c) does not authorise entry into a private dwelling house.

    (8)   The powers conferred on a constable by this section shall be exercisable only at a time when regulations under section 61 are in force.

    (9)   In this section—

       "driving" has the same meaning as in the Road Traffic Act 1988 (c. 52);

       "motor vehicle" means any mechanically propelled vehicle, whether or not it is intended or adapted for use on roads; and

       "private dwelling house" does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.'.


   

Mr Secretary Blunkett

39

Page     55,     line     6     [Clause     57],     after 'patient' insert 'no specimen of blood shall be taken from him under section 7A of this Act and'.

   

Mr Secretary Blunkett

40

Page     55,     line     8     [Clause     57],     leave out 'section 7A of this Act' and insert 'that section'

   

Mr Secretary Blunkett

41

Page     55,     line     10     [Clause     57],     after 'proposal' insert 'to take the specimen or'.

   

Mr Secretary Blunkett

42

Page     55,     line     17     [Clause     57],     after 'that' insert 'the taking of the specimen,'.


   

Mr Secretary Blunkett

43

Page     59,     line     9     [Clause     59],     after 'patient' insert 'no specimen of blood shall be taken from him under section 31A of this Act and'.

   

Mr Secretary Blunkett

44

Page     59,     line     11     [Clause     59],     leave out 'section 31A of this Act' and insert 'that section'

   

Mr Secretary Blunkett

45

Page     59,     line     13     [Clause     59],     after 'proposal' insert 'to take the specimen or'.

   

Mr Secretary Blunkett

46

Page     59,     line     20     [Clause     59],     after 'that' insert 'the taking of the specimen,'.


   

Simon Hughes
Norman Baker
Annette Brooke

4

Page     60,     line     28     [Clause     60],     after 'occasion', insert 'within the last six months'.


   

Mr Mark Simmonds

101

*Page     61,     line     31     [Clause     61],     leave out 'section 60' and insert 'sections 60 and (Seizure of vehicles used in connection with searches for game)'.

   

Mr Mark Simmonds

102

*Page     61,     line     35     [Clause     61],     leave out 'section 60' and insert 'sections 60 and (Seizure of vehicles used in connection with searches for game)'.

   

Mr Mark Simmonds

103

*Page     61,     line     39     [Clause     61],     leave out 'section 60' and insert 'sections 60 and (Seizure of vehicles used in connection with searches for game)'.

   

Mr Mark Simmonds

104

*Page     61,     line     44     [Clause     61],     leave out 'section 60' and insert 'sections 60 and (Seizure of vehicles used in connection with searches for game)'.


   

Mr Mark Simmonds

105

*Page     62,     line     2     [Clause     61],     leave out 'section 60' and insert 'sections 60 and (Seizure of vehicles used in connection with searches for game)'.

   

Mr Mark Simmonds

106

*Page     62,     line     5     [Clause     61],     leave out 'section 60' and insert 'sections 60 and (Seizure of vehicles used in connection with searches for game)'.


   

Julia Drown

62

Page     63,     line     20     [Clause     62],     at end insert—

    '(6A)   At the end of subsection (3) there is inserted "; save that, where the behaviour giving rise to the complaint involves prostitution, the complaint may alternatively be made to a county court."

    (6B)   In subsection (4), after the words "magistrates court" there is inserted (or, as the case may be, county court)".'.


   

Mr Secretary Blunkett

47

Page     65,     line     37     [Clause     65],     after '(6)' insert 'for the discharge of an order'.


   

Mr Secretary Blunkett

48

Page     69,     line     22     [Clause     70],     after 'Article 6' insert 'or 6A'.


NEW CLAUSES RELATING TO PARTS 5 TO 7

Duties under Health and Safety at Work etc. Act 1974

   

Mr Secretary Blunkett

NC7

*To move the following Clause:—

    '(1)   The following enactments shall be amended in accordance with subsections (2) and (3)—

      (a) section 51A of the Health and Safety at Work etc. Act 1974 (c.37) (application of Part 1 of that Act to the police);

      (b) section 49A of the Employment Rights Act 1996 (c.18) (right of police officers not to suffer a detriment in relation to health and safety at work issues); and

      (c) section 134A of that Act (right of police officers not to be unfairly dismissed in relation to health and safety at work issues).

    (2)   In subsection (1) of each of those sections, for "officer" there shall be substituted "authority".

    (3)   For subsection (2) of each of those sections, there shall be substituted—

          "(2)   In this section 'the relevant authority' means—

          (a) in relation to a member of a police force, a special constable appointed for a police area or a police cadet appointed by a chief officer of police, the police authority or, in the case of a combined area in Scotland, the police board (within the meaning of the Police (Scotland) Act 1967 (c.77));

          (b) in relation to a person appointed as a police member of the National Criminal Intelligence Service, the Service Authority for that service;

          (c) in relation to a person appointed as a police member of the National Crime Squad, the Service Authority for that squad;

          (d) in relation to any other person holding the office of constable or an appointment as police cadet, the person responsible for maintaining the body of constables or police cadets in question.

          (2A)   The Commissioner of Police for the City of London shall be treated for the purposes of this section as if he were a member of the City of London police force."

    (4)   After subsection (2A) of section 51A of the Health and Safety at Work etc. Act 1974 (c.37) (which is inserted by subsection (3)) there shall be inserted—

          "(2B)   The following provisions (which impose the same liability for unlawful conduct of constables on persons with their direction and control as would arise if the constables were the employees of those persons) do not apply in relation to any liability arising in respect of a contravention of this Act—

          (a) section 88(1) of the Police Act 1996 (c.16);

          (b) section 97(9) of that Act;

          (c) section 42(1) of the Police Act 1997 (c.50);

          (d) section 86(1) of that Act;

          (e) paragraph 7(1) of Schedule 8 to that Act;

          (f) section 39 of the Police (Scotland) Act 1967 (c.77); and

          (g) paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001 (c.16).

          (2C)   The provision which may be made by health and safety regulations includes in particular—

          (a) provision which, for the purposes of this Part specified in the regulations, treats the acts or omissions of a chief officer as if they were acts or omissions of the relevant authority in relation to the constables or police cadets under that officer's direction and control;

          (b) provision which treats premises under the control of a chief officer as premises under the control of the relevant authority in relation to that officer.

          (2D)   In subsection (2C) 'chief officer' means—

          (a) a chief officer of police;

          (b) the Director General of the National Criminal Intelligence Service;

          (c) the Director General of the National Crime Squad; or

          (d) any other person having direction and control of a body of constables or police cadets."

    (5)   In each of paragraphs (a), (b) and (c) of subsection (3) of that section, for "chief officer of police" there shall be substituted "police authority".

    (6)   In subsection (4) of that section, for "or (c)" there shall be substituted ", (c) or (d)".

    (7)   Section 5 of the Police (Health and Safety) Act 1997 (c.42) (payments by police authorities etc. out of relevant funds in relation to contraventions of health and safety legislation) shall cease to have effect.

    (8)   An order bringing this section into force may make such savings and transitional provisions as the Secretary of State thinks fit.'.

 
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Prepared 5 Jul 2002