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Page 95, line 9, leave out (" 144 or 145") and insert ("(Power to grant injunctions against anti-social behaviour)(6) or section 144").

On Question, amendment agreed to.

Lord Lucas moved Amendment No. 192:


Page 95, line 24, leave out subsection (6) and insert--
("(6) Schedule (Arrest for anti-social behaviour: powers of High Court and county court to remand) (which makes provision corresponding to that applying in magistrates' courts in civil cases under sections 128 and 129 of the Magistrates' Courts Act 1980) applies in relation to the powers of the High Court and a county court to remand a person under this section.").

The noble Lord said: My Lords, I beg to move Amendment No. 192 and to speak to Amendment No. 193. Clause 147 deals with the power of a court to arrest and remand for a breach of an injunction. It is consequential on earlier Clauses 144 and 145, which allow a power of arrest for breach of injunctions involving anti-social behaviour where violence has occurred or is threatened.

Amendments Nos. 192 and 193 contain nothing new. They replace previous references in Clause 147 to the power of arrest provisions in the Family Law Act 1996 by substituting ancillary provisions about the power of a court to remand where a person is arrested for breaching an injunction for anti-social behaviour. We consider it preferable, on consideration, to have these provisions set out on the face of the Housing Bill rather than the landlord having to look to another statute for detail on this particular aspect of the Bill. I beg to move.

On Question, amendment agreed to.

Lord Lucas moved Amendment No. 193:


After Schedule 13, insert the following new schedule--

("SCHEDULE
Arrest for anti-social behaviour: powers of High Court and county court to remand
Introductory

1.--(1) The provisions of this Schedule apply where the court has power to remand a person under section 147(2) or (5) (arrest for breach of injunction, &c.).
(2) In this Schedule "the court" means the High Court or a county court and includes--
(a) in relation to the High Court, a judge of that court, and
(b) in relation to a county court, a judge or district judge of that court.
Remand in custody or on bail

2.--(1) The court may--
(a) remand him in custody, that is, commit him to custody to be brought before the court at the end of the period of remand or at such earlier time as the court may require, or

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(b) remand him on bail, in accordance with the following provisions.
(2) The court may remand him on bail--
(a) by taking from him a recognizance, with or without sureties, conditioned as provided in paragraph 3, or
(b) by fixing the amount of the recognizances with a view to their being taken subsequently, and in the meantime committing him to custody as mentioned in sub-paragraph (1)(a).
(3) Where a person is brought before the court after remand, the court may further remand him.
3.--(1) Where a person is remanded on bail, the court may direct that his recognizance be conditioned for his appearance--
(a) before that court at the end of the period of remand, or
(b) at every time and place to which during the course of the proceedings the hearing may from time to time be adjourned.
(2) Where a recognizance is conditioned for a person's appearance as mentioned in sub-paragraph (1)(b), the fixing of any time for him next to appear shall be deemed to be a remand.
(3) Nothing in this paragraph affects the power of the court at any subsequent hearing to remand him afresh.
4.--(1) The court shall not remand a person for a period exceeding 8 clear days, except that--
(a) if the court remands him on bail, it may remand him for a longer period if he and the other party consent, and
(b) if the court adjourns a case under section 148(1) (remand for medical examination and report), the court may remand him for the period of the adjournment.
(2) Where the court has power to remand a person in custody it may, if the remand is for a period not exceeding 3 clear days, commit him to the custody of a constable.
Further remand

5.--(1) If the court is satisfied that a person who has been remanded is unable by reason of illness or accident to appear or be brought before the court at the expiration of the period for which he was remanded, the court may, in his absence, remand him for a further time.
This power may, in the case of a person who was remanded on bail, be exercised by enlarging his recognizance and those of any sureties for him to a later time.
(2) Where a person remanded on bail is bound to appear before the court at any time and the court has no power to remand him under sub-paragraph (1), the court may in his absence enlarge his recognizance and those of any sureties for him to a later time.
The enlargement of his recognizance shall be deemed to be a further remand.
(3) Paragraph 4(1) (limit of period of remand) does not apply to the exercise of the powers conferred by this paragraph.
Postponement of taking of recognizance

6. Where under paragraph 2(2)(b) the court fixes the amount in which the principal and his sureties, if any, are to be bound, the recognizance may afterwards be taken by such person as may be prescribed by rules of court, with the same consequences as if it had been entered into before the court.").

The noble Lord said: My Lords, I have just spoken to Amendment No. 193. I beg to move.

On Question, amendment agreed to.

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Clause 149 [The power of arrest: supplementary provisions]:

Lord Lucas moved Amendments Nos. 194 and 195:


Page 96, line 7, leave out (" 144 or 145") and insert ("(Power to grant injunctions against anti-social behaviour)(6) or section 144").
Page 96, line 15, leave out (" 144 or 145") and insert ("(Power to grant injunctions against anti-social behaviour)(6) or section 144").

The noble Lord said: My Lords, I spoke to these with Amendment No. 186. I beg to move Amendments Nos. 194 and 195 en bloc.

On Question, amendments agreed to.

Lord Lucas: My Lords, I beg to move that further consideration on Report be now adjourned.

10 Jul 1996 : Column 434

Moved accordingly, and, on Question, Motion agreed to.

Allied Irish Banks Bill

Reported from the Unopposed Bill Committee without amendment.

Housing Grants, Construction and Regeneration Bill [H.L.]

Returned from the Commons agreed to with amendments and with a privilege amendment; the Commons amendments ordered to be printed.

City of London (Approved Premises for Marriage) Bill [H.L.]

Returned from the Commons agreed to.

        House adjourned at twenty-three minutes past eleven o'clock.

10 Jul 1996 : Column 433


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