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Amendments to the Anti-social Behaviour Bill

Anti-social Behaviour Bill


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 9th September 2003, as follows—

Clauses 19 to 40
Schedule 2
Clauses 41 to 66
Schedule 3
Clauses 67 to 71

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 19

 

THE LORD NORTHBOURNE
THE LORD HYLTON

84Page 17, line 36, after "parent" insert "or both parents"
85Page 17, line 38, leave out "the parent" and insert "each parent who is a party to the contract"
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

86Page 18, line 1, leave out "or governing body"
 

THE LORD DIXON-SMITH

87Page 18, line 1, after "body" insert "and head teacher"
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

88Page 18, line 2, after "provide" insert "appropriate"
 

THE LORD NORTHBOURNE
THE LORD HYLTON

89Page 18, line 2, after "parent" insert "or parents"
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

90Page 18, line 3, at end insert ", and
(c)  a statement from the local education authority or governing body that it will work in partnership with the local authority and health services to provide support."
 

THE LORD DIXON-SMITH

91Page 18, line 5, at end insert "or any other appropriate requirements"
 

THE LORD NORTHBOURNE
THE LORD HYLTON

92Page 18, line 11, after "parent" insert "or parents"
 

THE LORD DIXON-SMITH

93Page 18, line 11, after second "signed" insert "by the headteacher"
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

94Page 18, line 11, after second "signed" insert "by the responsible officer"
95Page 18, line 12, leave out "or governing body"
 

THE LORD DIXON-SMITH

96Page 18, line 13, leave out subsection (8)
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

97Page 18, line 15, leave out "and governing bodies of relevant schools"
 

THE LORD DIXON-SMITH

98Page 18, line 15, leave out "must" and insert "shall"
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

99Page 18, line 16, after "contracts," insert "provide the parent with full information about the range of advice and counselling services available and"
100Page 18, line 18, at end insert—
"(   )  Where a local education authority incurs costs as a result of carrying out its functions specified in this section, the appropriate person shall make arrangements for it to be compensated in relation to these costs."
 

THE LORD CLEMENT-JONES
THE BARONESS LINKLATER OF BUTTERSTONE

101Page 18, line 18, at end insert—
"(10)  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."
 

Clause 20

 

THE BARONESS DARCY DE KNAYTH

101APage 18, line 25, at beginning insert "Subject to the conditions set out in section (Parenting orders and parenting contracts: special educational needs),"
 

THE LORD NORTHBOURNE
THE LORD HYLTON

102Page 18, line 26, after "parent" insert "or both parents"
103Page 18, line 28, after "parent" insert "or both parents"
104Page 18, line 30, at end insert "or parents"
 

THE LORD DIXON-SMITH

105Page 18, line 31, leave out "twelve months" and insert "two years"
 

THE EARL OF LISTOWEL

106Page 18, line 42, leave out "two" and insert "five"
107Page 19, line 3, 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 21

 

THE LORD NORTHBOURNE
THE LORD HYLTON

108Page 19, line 4, at end insert—
"(   )  In any case under this Part where a court is of the opinion that the father of the child might be able significantly to influence that child to desist from anti-social behaviour and that the father is an appropriate person to have access to the child, it may require the father to appear in court with his child at any hearing of that court concerning that child under this Part."
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

109Page 19, line 5, leave out subsection (1)
 

THE LORD NORTHBOURNE
THE LORD HYLTON

110Page 19, line 7, after "parent" insert "or parents"
111Page 19, line 10, leave out "the" and insert "a"
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

112Page 19, line 15, leave out "(7)" and insert "(6)"
 

THE LORD DIXON-SMITH

113Page 19, line 19, leave out subsection (4)
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

114Page 19, line 22, at end insert "and where a local education authority incurs costs as a result of these requirements, the appropriate person shall make arrangements for it to be compensated in relation to these costs"
115Page 19, line 23, leave out "head teachers and responsible officers"
 

THE LORD DIXON-SMITH

116Page 19, line 23, leave out "must" and insert "shall"
 

After Clause 21

 

THE BARONESS DARCY DE KNAYTH

116AInsert the following new Clause—
  "Parenting orders and parenting contracts: special educational needs
(1)  In considering whether or not to seek a parenting contract or a parenting order, local education authorities and governing bodies of relevant schools must have regard to any special educational needs that the child in question may have, pursuant to the provisions of Part 4 of the Education Act 1996 (c. 56).
(2)  In particular, in respect of any of the behaviour in question, whether behaviour which has led to exclusion or failure to attend school, consideration must be had to whether any steps should be taken to provide for or secure provision to meet or ameliorate any of the child's special educational needs, before any decision is taken as to whether or not to seek a parenting contract or parenting order."
 

Clause 23

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

117Page 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

119Page 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 HYLTON

119APage 20, line 19, leave out from beginning to end of line 41 on page 22
 

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"
123Page 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

135Page 24, line 32, leave out "two" and insert "five"
136Page 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

137Page 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

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

THE LORD NORTHBOURNE
THE LORD HYLTON

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;"

 
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©Parliamentary copyright 2003
16 September 2003