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Amendments to the Culture and Recreation Bill [H.L.]

Culture and Recreation Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Culture and Recreation Bill [H.L.] to be moved in Committee in the House of Lords.

  
Clause 15
 
  
BY THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE
 
     Page 11, line 21, after first ("regulations") insert ("concerning any of the matters specified in Schedule (fixed penalty offences)") 
     Page 11, line 21, at end insert--
 
    ("(1A)  The matters specified in Schedule (fixed penalty offences) may be amended by the Secretary of State by order.")
 
  
Clause 16
 
  
BY THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE
 
     Page 11, line 25, after ("person") insert ("aged 18 years or over") 
     Page 11, line 27, leave out ("may") and insert ("shall, unless the person has already committed on at least two previous occasions in the preceding six months the same or similar fixed penalty offences") 
     Page 11, line 31, at end insert ("provided always that before making such an order the relevant Minister consult with such representative organisations as he thinks fit") 
     Page 11, line 41, leave out subsection (5) and insert--
 
    ("(5)  A notice shall--
    (a)  state the alleged offence;
    (b)  give such particulars of the circumstances alleged to constitute the offence as are necessary to provide reasonable information about it; and
    (c)  inform the person to whom it is given of the consequences of failing to pay the fixed penalty, including an explanation of the proceedings involved, factors that might be taken into account in those proceedings (such as the means of that persons) and the maximum penalty to which he might be subject.")
 
  
Clause 17
 
  
BY THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE
 
     Page 12, line 20, leave out subsection (1) and insert--
 
    ("(1)  A person given a fixed penalty notice shall be entitled to pay the fixed penalty either--
    (a)  in person at the address specified in the notice under section 16 during normal working hours;
    (b)  by pre-paying and posting to the person specified in the notice under section 16 at the address so specified a letter containing the amount of the penalty; or
    (c)  by such other method as, in addition to those specified in paragraphs (a) and (b), is specified in the notice under section 16.")
 
     Page 12, lines 24, leave out ("that letter would be") and insert ("the person authorised to accept payment might reasonably be expected with regard to the method of payment chosen to be in receipt of cleared funds, that letter having been") 
  
Clause 18
 
  
BY THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE
 
     Page 12, line 33, leave out subsection (1) 
  
After Clause 18
 
  
BY THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE
 
     Insert the following new Clause-- 
     ("  .--(1)  Sums paid by way of fixed penalty under this Part shall not be treated for the purposes of section 61 (application of fines and fees) of the Justices of the Peace Act 1997 as if they were fines imposed on summary conviction for an offence, but shall be paid to the reponsible Minister.
 
    (2)  Any sums received by a responsible Minister by virtue of subsection (1) shall be applied by him for the repair and maintenance of the park, garden, recreation ground or other open area in which the person paying the sum was alleged to have committed the fixed penalty offence.
 
    (3)  Sums applied by virtue of subsection (2) shall be applied in addition to any sums otherwise allocated for the purposes specified in that subsection, and shall not otherwise be taken into account for any purpose relating to the allocation of funding to or by the responsible Minister.
 
    (4)  In this section--
    responsible Minister" means--
          (a)  in the case of sums paid as the result of a fixed penalty offence occurring in any park, garden, recreation ground, open space and other land for the time being vested in or under the control or management of the Minister of Agriculture, Fisheries and Food, that Minister; and
          (b)  in the case of any other sums paid, the Secretary of State.
    fixed penalty offence" has the same meaning as for the purposes of section 16.")
Receipt and use of fixed penalty sums.
  
Clause 19
 
  
BY THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE
 
     Page 13, line 14, at end insert--
 
    ("(  )  In this section United Kingdom waters means waters within 12 miles of the United Kingdom coastline.")
 
  
Clause 25
 
  
BY THE LORD RENFREW OF KAIMSTHORN
 
     Page 17, line 30, at end insert (", archaeological") 
  
Clause 26
 
  
BY THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE
 
     Page 18, line 20, leave out paragraph (d) 
     Page 18, line 25, leave out paragraph (h) 
     Page 18, line 26, leave out paragraph (j) 
     Page 18, line 30, leave out paragraph (l) 
     Page 18, line 34, after ("its") insert ("non-content related") 
  
After Clause 35
 
  
BY THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE
 
     Insert the following new Clause-- 
     (" .--(1)  The Film Council shall provide to the Secretary of State an annual report which shall include--
    (a)  a list of all British films produced or in production during the period of the report,
    (b)  details of any subsidies made in whole or in part from Film Council sources to any British film produced or in production during the period of the report,
    (c)  details of all profits or losses for any film in receipt of subsidies from film council sources during the period of the report.
    (2)  A copy of the report shall be laid by the Secretary of State before each House of Parliament.")
The Film Council: annual report.
  
Clause 36
 
  
BY THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 36 stand part of the Bill. 
  
Clause 41
 
  
BY THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE
 
     Page 23, line 38, at end insert--
 
    ("(  )  In managing the Estate of Osbourne House the Secretary of State and English Heritage shall maintain and enhance the historical heritage and appeal of Osbourne House as a major tourist attraction.
 
    (  )  Prior to any proposed changes to the nature and character of the Estate, English Nature shall consult all relevant local bodies.")
 
  
Clause 48
 
  
BY THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE
 
     Page 27, line 10, after 7(2) insert --
    ("(  ) section 15(1A),")
 
  
After Schedule 1
 
  
BY THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE
 
     Insert the following new Schedule-- 
 ("SCHEDULE 
 {cf17}FIXED PENALTY OFFENCEs 
 {jf104}1.  The matters referred to in section 15(1A) are those set out in the following paragraphs of this Schedule.{PA {jf104}2.  Depositing, dropping or leaving waste, litter, refuse or any other article.{PA {jf104}3.  Using a pedal cycle or other foot propelled device except on a park road or in an area designated and marked as being for that purpose.{PA {jf104}4.  Failing to control an animal (after being required by a constable to do so).{PA {jf104}5.  Permitting an animal to foul a pathway or mown lawn.{PA {jf104}6.  Using a pedal cycle (other than when parked) or driving or riding a vehicle between sunset and sunrise without appropriate lighting.{PA {jf104}7.  Driving or riding any vehicle off a park road."){PA  
  
Schedule 2
 
  
BY THE BARONESS ANELAY OF ST JOHNS
THE LORD LUKE
 
     Page 33, line 2, leave out paragraph 4 and insert--
 
    ("4.--(1)  A minimum of two-thirds of the appointed membership of Culture Online should be replaced having served a full five year term.
 
    (2)  No member who is removed under paragraph 3(2) may be considered eligible for reappointment.")
 
  
Schedule 5
 
  
BY THE LORD McINTOSH OF HARINGEY
 
     Page 39, line 14, leave out ("after consulting") and insert ("with the agreement of") 
     Page 39, leave out lines 20 to 23 
     Page 39, line 43, leave out ("after consulting") and insert ("with the agreement of") 
     Page 40, leave out lines 5 to 8 
     Page 40, line 21, leave out ("after consulting") and insert ("with the agreement of") 
     Page 40, leave out lines 31 to 33 
     Page 41, line 7, leave out ("after consulting") and insert ("with the agreement of") 
     Page 41, leave out lines 17 to 20 
     Page 41, line 37, leave out (", after consulting the Board of Governors,") 
     Page 41, leave out lines 44 to 46 
     Page 42, line 4, leave out ("consent of") and insert ("agreement of--
    (a)  the Board of Governors, and
    (b)")  
 
     Page 42, line 13, leave out ("after consulting") and insert ("with the agreement of") 
     Page 42, line 17, at end insert--
    ("(c)  vary any provision made with respect to the appointment of the chairman to provide for the trustees to appoint one of their number as chairman of the board")
 
     Page 42, line 30, leave out ("after consulting") and insert ("with the agreement of") 
     Page 42, line 34, at end insert--
    ("(c)  vary any provision made with respect to the appointment of the chairman to provide for the trustees to appoint one of their number as chairman of the board")
 
     Page 43, line 1, leave out ("after consulting") and insert ("with the agreement of") 
     Page 43, line 5, at end insert--
    ("(c)  vary any provision made with respect to the appointment of the chairman to provide for the trustees to appoint one of their number as chairman of the board")
 
     Page 43, line 23, leave out ("after consulting") and insert ("with the agreement of") 
     Page 43, leave out lines 28 to 31 
     Page 43, line 47, leave out ("after consulting") and insert ("with the agreement of") 
     Page 44, leave out lines 5 to 8 
     Page 44, line 25, leave out ("after consulting") and insert ("with the agreement of") 
     Page 44, leave out lines 32 to 35 
     Page 44, line 48, leave out ("after consulting") and insert ("with the agreement of") 
     Page 45, leave out lines 3 to 6 
 
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Prepared 26 January 2001