Anti-social Behaviour Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 23

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

117*Page 19, line 37, leave out from beginning to end of line 18 on page 20
118Page 20, line 18, at end insert—
    "(7)  Any proceedings for an offence under this section shall not be instituted except by a local education authority.""
 

THE LORD CLEMENT-JONES
THE BARONESS LINKLATER OF BUTTERSTONE

119*Page 20, line 18, at end insert—
    "(7)  This section does not apply when local education authorities, schools and other governing bodies have materially failed to meet the provision in a child's education statement."
 

THE LORD DIXON-SMITH
THE BARONESS SHARP OF GUILFORD
THE BARONESS LINKLATER OF BUTTERSTONE

120Page 20, line 30, leave out "or a head teacher"
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

121Page 21, line 11, at end insert—
    "(   )  A penalty notice can only be issued by the authorised officer of the relevant local education authority."
122Page 21, line 12, leave out ", head teachers and authorised officers"
123*Page 21, leave out line 18
 

THE LORD DIXON-SMITH

124Page 21, line 18, at end insert—
"(   )  a community safety officer,"
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

125Page 21, leave out line 21
 

THE LORD DIXON-SMITH

126Page 21, line 23, after "England" insert "or his authorised nominee"
127Page 21, line 24, after "the" insert "non-teaching or administrative"
128Page 21, line 25, leave out "head teacher of the school" and insert "LEA"
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

129Page 21, line 38, leave out subsections (3) to (8)
 

Clause 24

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

130Page 23, line 16, leave out from "means" to end of line 17
131Page 23, line 18, leave out from "authority" to end of line 21
 

THE BARONESS SCOTLAND OF ASTHAL

132Page 23, line 23, leave out subsection (2)
 

Clause 25

 

THE LORD DIXON-SMITH

133Page 23, line 40, at end insert "or any statement by the youth offending team which it believes is appropriate for their side of a parenting contract"
134Page 24, line 5, leave out "must" and insert "shall"
 

Clause 26

 

THE EARL OF LISTOWEL

135*Page 24, line 32, leave out "two" and insert "five"
136*Page 24, line 39, at end insert—
    "(9)  The third condition is that the court shall have regard to the best interests of the child and the likely effect on him of any changes in his home circumstances.
    (10)  The fourth condition is that the court must ensure that appropriate arrangements have been made for the care and education of the child.
    (11)  The fifth condition is that the court must be satisfied that the attendance of the parent at a residential course is a measure of last resort."
 

Clause 27

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

137*Page 24, line 41, leave out subsection (1)
138Page 25, line 7, leave out "(7)" and insert "(6)"
 

Clause 29

 

THE BARONESS SCOTLAND OF ASTHAL

139Page 25, line 21, leave out "27" and insert "28"
 

THE LORD CLEMENT-JONES
THE BARONESS LINKLATER OF BUTTERSTONE

140*Page 25, line 22, leave out "causes or is likely" and insert "is deliberately intended"
141*Page 25, line 22, leave out "causes or is likely" and insert "is intended"
142*Page 25, line 23, after "cause" insert "serious and ongoing"
143*Page 25, line 23, leave out "one or more other" and insert "a reasonable person or"
 

THE LORD NORTHBOURNE

144Page 25, leave out line 31 and insert—
 "parent" means—
(a)  any person with parental responsibility for the child;
(b)  any guardian of the child;
(c)  any adult who has been living as a partner of a parent of the child in the same household as the child for a period of not less than one year and is still doing so;
(d)  any foster parent of the child with whom the child has been living for more than one year and is still doing so; and
(e)  the person responsible for the management of any residential home or residential school which has had care of the child for more than 150 days in any year and at which the child has been cared for for more than one calendar year and is still so cared for;"
 

Clause 30

 

THE BARONESS WALMSLEY
THE BARONESS LINKLATER OF BUTTERSTONE

145*Page 26, line 7, leave out paragraph (a)
 

THE LORD DIXON-SMITH

146Page 26, line 10, leave out "and" and insert "or"
147Page 26, line 11, leave out paragraph (b)
 

THE BARONESS WALMSLEY
THE BARONESS LINKLATER OF BUTTERSTONE

148*Page 26, line 15, leave out "months" and insert "weeks"
149*Page 26, line 18, leave out ", or is likely to result,"
150*Page 26, line 25, leave out "the relevant locality or any" and insert "any specified and relevant"
151*Page 26, line 29, leave out "the relevant locality or any" and insert "any specified and relevant"
152*Page 26, line 30, leave out "24" and insert "8"
153*Page 26, line 43, leave out "9pm and 6am" and insert "1am and 5am"
 

THE LORD DIXON-SMITH

154Page 26, line 43, leave out "6am" and insert "5am"
 

THE LORD DIXON-SMITH
THE BARONESS WALMSLEY
THE BARONESS LINKLATER OF BUTTERSTONE

155Page 27, line 5, leave out "significant"
 

THE LORD DIXON-SMITH

156Page 27, line 8, at end insert—
"(   )  In this section "relevant locality" means that area which the constable believes to be reasonable bearing in mind the number of people involved and the circumstances of the groups' coming together."
 

THE BARONESS WALMSLEY
THE BARONESS LINKLATER OF BUTTERSTONE

 The above-named Lords give notice of their intention to oppose the Question that Clause 30 stand part of the Bill.
 

Clause 31

 

THE LORD DIXON-SMITH
THE BARONESS WALMSLEY
THE BARONESS LINKLATER OF BUTTERSTONE

157Page 27, line 17, at end insert ", and
(d)  must be granted by a magistrates' court"
 

THE BARONESS WALMSLEY
THE BARONESS LINKLATER OF BUTTERSTONE

158*Page 27, line 18, leave out "consultation must take place with" and insert "agreement for the order must be sought from the Chief Executive of"
 

THE BARONESS MASSEY OF DARWEN
THE BARONESS WALMSLEY
THE BARONESS DAVID
THE EARL OF LISTOWEL

159Page 27, line 19, after "authority" insert "and members of the local community"
 

THE BARONESS WALMSLEY
THE BARONESS LINKLATER OF BUTTERSTONE

 The above-named Lords give notice of their intention to oppose the Question that Clause 31 stand part of the Bill.
 

Clause 32

 

THE LORD DIXON-SMITH

160Page 28, line 7, at end insert ", and
(d)  must be recorded"
 

THE BARONESS WALMSLEY
THE BARONESS LINKLATER OF BUTTERSTONE

161*Page 28, line 8, after "person" insert "unless they are under the age of 18"
162*Page 28, line 12, at end insert—
"(   )  A person under the age of 18 who knowingly contravenes a direction given to him under section 30(4) commits an offence and is liable on summary conviction to a community sentence."
 The above-named Lords give notice of their intention to oppose the Question that Clause 32 stand part of the Bill.
 

Clause 33

 

THE BARONESS WALMSLEY
THE BARONESS LINKLATER OF BUTTERSTONE

 The above-named Lords give notice of their intention to oppose the Question that Clause 33 stand part of the Bill.
 

Clause 34

 

THE BARONESS WALMSLEY
THE BARONESS LINKLATER OF BUTTERSTONE

 The above-named Lords give notice of their intention to oppose the Question that Clause 34 stand part of the Bill.
 

Clause 35

 

THE BARONESS SCOTLAND OF ASTHAL

163Page 29, line 22, leave out "30(1)(a)" and insert "31(1)(a)"
 

THE BARONESS WALMSLEY
THE BARONESS LINKLATER OF BUTTERSTONE

 The above-named Lords give notice of their intention to oppose the Question that Clause 35 stand part of the Bill.
 

Clause 36

 

THE LORD DIXON-SMITH
THE BARONESS WALMSLEY

164Page 29, line 33, leave out from second "council" to end of line 34
 

THE BARONESS WALMSLEY
THE BARONESS LINKLATER OF BUTTERSTONE

 The above-named Lords give notice of their intention to oppose the Question that Clause 36 stand part of the Bill.
 

Clause 37

 

THE LORD DIXON-SMITH
THE BARONESS WALMSLEY

165Page 30, line 11, at end insert "or
    (f)  a county council""
 

Clause 38

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

166Page 31, line 41, leave out from beginning to end of line 6 on page 32
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE
THE EARL OF LISTOWEL

167*Page 31, line 41, leave out from beginning to end of line 10 on page 32
 

Clause 39

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

168*Page 32, line 29, leave out subsection (2)
 

THE LORD DIXON-SMITH

169Page 32, line 31, leave out subsections (3) and (4)
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

170*Page 32, leave out lines 32 to 42
171*Page 33, line 5, at end insert—
    "(10)  Where a person under 18 years is offered a penalty notice this may only be done by a police officer where—
    (a)  the child is accompanied by an appropriate adult, and
    (b)  the child has the right to legal advice.
    (11)  The penalty notice may only be issued if the child gives their informed consent.""
 The above-named Lords give notice of their intention to oppose the Question that Clause 39 stand part of the Bill.
 

Clause 41

 

THE LORD DIXON-SMITH

172Page 33, line 23, at end insert ", skateboard user, user of roller skates or in-line skates"
173Page 33, leave out lines 24 to 27
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

174*Page 33, line 40, leave out subsections (5) to (7)
 

THE LORD DIXON-SMITH

175Page 34, line 13, at end insert ", skateboard user, user of roller skates or in-line skates"
176Page 34, leave out lines 14 to 17

 
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©Parliamentary copyright 2003
10 September 2003