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

House of Lords

back to previous amendments

 

Clause 42

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

177*Page 34, line 42, at end insert—
    "(   )  In making such an order the court shall have regard to what is in the best interests of the child."
178*Page 35, line 15, at end insert—
    "(   )  The Secretary of State shall reimburse local authorities in respect of any extra costs incurred as a result of his actions under subsection (6)."
 

Clause 44

 

THE LORD DIXON-SMITH

179Page 36, line 9, leave out paragraph (a)
180Page 36, line 21, at end insert—
"(3A)  In section 23(2) after paragraph (b) insert—
"(c)  he is using the weapon or ammunition on private property with the consent of the occupier in an activity which would be lawful other than by virtue of his age""
181Page 36, line 22, leave out subsection (4)
182Page 36, line 27, leave out paragraph (a)
 

Clause 45

 

THE EARL OF SHREWSBURY

183*Page 37, line 9, leave out from "subsection" to end of line 12 and insert—
"1(c)  insert—
"(d)  any air weapon which—
(i)  either has a barrel less than 30 centimetres in length or is less than 60 centimetres in length overall, and
(ii)  uses, or is designed or adapted for use with a self contained gas cartridge system, or
(iii)  is readily convertible to fire ammunition capable of discharging a missile by the force of gunpowder or a like propellant.
(1ZA)  In this section—
(a)  a self contained gas cartridge is a single unit containing a propellant charge of air or carbon dioxide, a valve or other device for releasing the charge, and a propellant together with a projectile;
(b)  the term "readily convertible" has the meaning ascribed to it in section 1(6) of the Firearms Act 1982.""
 

THE LORD DIXON-SMITH

184Page 37, line 11, after "which" insert—
"(i)"  
185Page 37, line 12, at end insert—
"(ii)  either has a barrel less than 30 centimetres in length or is less than 60 centimetres in length overall; and
(iii)  is readily convertible (as defined in section 1(6) of the Firearms Act 1982 (c. 31) (control of imitation firearms readily convertible into firearms to which section 1 of the 1968 Act applies)) to fire ammunition capable of discharging a missile by the force of gunpowder or other explosive material"
 

THE EARL OF SHREWSBURY

186*Page 37, line 14, leave out "rifle, air gun or air pistol" and insert "weapon"
187*Page 37, line 17, leave out "rifle, air gun or air pistol" and insert "weapon"
188*Page 37, line 25, leave out subsection (6)
189*Page 37, line 28, leave out "rifle, air gun or air pistol" and insert "weapon which has a barrel less than 30 centimetres in length or is less than 60 centimetres in length overall and"
 

THE LORD DIXON-SMITH

190Page 37, line 28, after "which" insert "has a barrel length less than of 30 centimetres in length or is less than 60 centimetres in length overall and"
 

THE EARL OF SHREWSBURY

191*Page 37, line 30, after "dangerous" insert "by virtue of the fact that it can be readily converted to be capable of discharging a missile by the force of gunpowder or a like propellant"
 

THE LORD DIXON-SMITH
THE EARL OF SHREWSBURY

192Page 37, line 47, at end insert—
    "(4B)  If it appears to the Secretary of State that the provisions of the principal Act relating to prohibited weapons or ammunition should no longer apply to any weapon or ammunition he may by order remove such weapon or ammunition from those specified in section 5.""
 

THE EARL OF SHREWSBURY

193*Page 37, line 47, at end insert—
"(7)  After subsection 1(5) of the Firearms (Amendment) Act 1988 insert—
    "(6)  Where an order under subsection (4) may result in a person who has lawfully owned any firearm or ammunition subject to the order being deprived of his property (whether or not a form of licence may be made available) the Secretary of State shall make a draft compensation scheme.
    (7)  The scheme in subsection (6) shall be laid before both Houses of Parliament as an order at the same time as the order under subsection (4) is laid, and shall be approved in draft by each House of Parliament.""
 

After Clause 55

 

THE BARONESS GARDNER OF PARKES

194Insert the following new Clause—
 

"HIGH HEDGES

  Remedial notices
(1)  This section applies where a local authority is satisfied that a high hedge is adversely affecting the amenity of the area.
(2)  The authority may serve a notice (a "remedial notice") on every person who is the owner or occupier of the land on which the hedge is situated imposing the requirement mentioned in subsection (3).
(3)  That requirement is a requirement to take action in relation to the hedge to remedy the adverse effect within a period specified in the notice being not less than 28 days beginning with the day on which the notice is served.
(4)  If any owner or occupier of the land on whom a notice under subsection (2) was served fails to take the action required by the notice within the period specified in it for compliance with it, he shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(5)  In this section "high hedge" means so much of a barrier to light or access as—
(a)  is formed wholly or predominantly by a line of two or more evergreens; and
(b)  rises to a height of more than two metres above ground level.
(6)  For the purposes of subsection (5), a line of evergreens is not to be regarded as forming a barrier to light or access if the existence of gaps significantly affects its overall effect as such a barrier at heights of more than two metres above ground level.
(7)  In this section "evergreen" means an evergreen tree or shrub or a semi-evergreen tree or shrub."
 

Clause 56

 

THE LORD DIXON-SMITH

195Page 45, line 19, leave out "eighteen" and insert "fourteen"
196Page 45, line 29, leave out "eighteen" and insert "fourteen"
 The Lord Dixon-Smith gives notice of his intention to oppose the Question that Clause 56 stand part of the Bill.
 

Clause 57

 

THE LORD DIXON-SMITH

197Page 46, leave out lines 8 to 11
 

THE LORD DIXON-SMITH
THE BARONESS SCOTLAND OF ASTHAL

198Page 46, leave out lines 12 to 16
 

THE BARONESS SCOTLAND OF ASTHAL

199Page 46, line 20, at end insert—
"(4A)  In section 71 of the Environmental Protection Act 1990 (c. 43) (obtaining information from persons and authorities), after subsection (3) insert—
    "(4)  The Secretary of State may, by notice in writing, require a waste regulation authority or waste collection authority in England and Wales to supply to him, or to such other person as may be specifed in the notice, such information as may be so specified in respect of—
    (a)  cases where the authority has exercised any powers under section 59 above, and
    (b)  cases where the authority has taken action under any other enactment in respect of any deposit or other disposal of controlled waste in contravention of section 33(1) above.""
 

Clause 59

 

THE LORD DIXON-SMITH

200Page 47, line 17, leave out ""2"" and insert ""10""
 

Clause 61

 

THE BARONESS TURNER OF CAMDEN
THE LORD AVEBURY

201Page 48, line 9, after second "a" insert "single"
202Page 48, line 14, at end insert—
    "(   )  The communication must—
    (a)  be in writing;
    (b)  be given to the person to whom it applies or appended to the caravan or one of the caravans to which it applies;
    (c)  confirm that the caravan and a specified number of persons will be accommodated on a pitch or pitches on the relevant camp site;
    (d)  confirm that the pitch or pitches on the relevant caravan site are available for a period of not less than three months."
203Page 48, line 26, at end insert—
 ""senior police officer" means a police officer not below the rank of Chief Inspector"
204Page 48, line 26, at end insert—
    "(   )  There is a pitch on a relevant caravan site for a caravan when the local authority or the relevant site manager, being notified in writing of the type and any registration number of the vehicle and the number of persons to be accommodated on the relevant caravan site, confirms in writing that the named vehicle can be accommodated on a named relevant site for a period of not less than three months."
 

Clause 62

 

THE BARONESS TURNER OF CAMDEN
THE LORD AVEBURY

205Page 49, line 18, leave out "and was residing with his parent or guardian"

 
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10 September 2003