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

House of Lords

back to previous amendments

 

Clause 30

 

THE BARONESS WALMSLEY
THE BARONESS LINKLATER OF BUTTERSTONE

145Page 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

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

158Page 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

161Page 28, line 8, after "person" insert "unless they are under the age of 18"
162Page 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

167Page 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

168Page 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

170Page 32, leave out lines 32 to 42
171Page 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

174Page 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
 

Clause 42

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

177Page 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."
178Page 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 43

 

THE LORD HARRIS OF HARINGEY

178APage 35, leave out line 31
 

Clause 44

 

THE LORD DIXON-SMITH

179Page 36, line 9, leave out paragraph (a)
 

THE LORD MOYNIHAN
THE LORD DIXON-SMITH

179APage 36, line 21, at end insert—
"(c)  after subsection (2) insert—
    "(3)  It is not an offence for a person who has attained the age of 14 but is under 17 to have an air gun or air rifle with him in a public place provided that—
    (a)  the air gun or air rifle is so covered by a securely fastened gun cover so that it cannot be used;
    (b)  the young person is travelling directly to or from a place at which he can lawfully use the air gun or where it has been kept on his behalf (whether for repair or otherwise).""
 

THE LORD DIXON-SMITH

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)
 

THE LORD HARRIS OF HARINGEY

182ALeave out Clause 44 and insert the following new Clause—
  "Air weapons and imitation firearms: need for certificate
(1)  The Firearms Act 1968 (c. 27) shall be amended as follows.
(2)  In section 1(3) omit paragraph (b).
(3)  In section 22 (acquisition and possession of firearms by minors) omit subsections (4) and (5).
(4)  Omit section 23 (exceptions from section 22(4) and (5)).
(5)  In section 24 (supplying firearms to minors) omit subsection (4).
(6)  In section 57 (interpretation)—
(a)  in subsection (1) after paragraph (c) insert—
      "and
    (d)  any air weapon (that is to say, any air rifle, air gun or air pistol)", and
(b)  in subsection (4) for the definition of "imitation firearm" substitute—
     ""imitation firearm" has the meaning given to it by section 1(1) of the Firearms Act 1982;".
(7)  In Part 1 of Schedule 6 (punishment)—
(a)  omit the entries relating to sections 22(4) and (5),
(b)  omit the entry relating to section 23(1), and
(c)  omit the entry relating to section 24(4).
(8)  The Firearms Act 1982 (c. 31) shall be amended as follows.
(9)  In section 1(1) for paragraph (b) substitute—
    "(b)  it is not made wholly or primarily from clear or translucent plastic.""
 

Clause 45

 

THE LORD HARRIS OF HARINGEY

182BPage 37, line 7, leave out subsection (2)
 

THE EARL OF SHREWSBURY

183Page 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 (c. 31) (control of imitation firearms readily convertible into firearms to which section 1 of the 1968 Act applies).""
 

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

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

THE EARL OF SHREWSBURY

191Page 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

193Page 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.""

 
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©Parliamentary copyright 2003
16 September 2003