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Amendments to the Anti-social Behaviour Bill

Anti-social Behaviour Bill


THIRD
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 45 to 66
Schedule 3
Clauses 67 to 71

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 45

 

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.""
 

Clause 47

 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

193ZAPage 38, line 29, leave out paragraphs (a) and (b)
193ZBPage 38, line 36, leave out "environmental health"
193ZCPage 39, leave out lines 5 to 8
 

Clause 49

 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

193ZDPage 40, line 3, leave out subsection (1)
193ZEPage 41, line 5, leave out "a different amount"
193ZFPage 41, line 6, at end insert "amounts which, following consultation with local authorities, may differ from time to time and as between different authorities"
 

After Clause 49

 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

193ZFA*Insert the following new Clause—
  "Fly-posting removal
(1)  The Town and Country Planning Act 1990 (c. 8) shall be amended as follows.
(2)  In subsection (3) of section 224 (enforcement of control as to advertisements) for "level 3" substitute "level 4".
(3)  In subsection (1) of section 225 (power to remove or obliterate placards and posters) leave out "or obliterate".
(4)  In subsection (2) of section 225 (power to remove or obliterate placards and posters) leave out "or obliteration".
(5)  In subsection (3)(b) of section 225 (power to remove or obliterate placards and posters) leave out "or obliterate".
(6)  In subsection (5) of section 225 (power to remove or obliterate placards and posters) for "two days" substitute "six hours"."
 

Clause 51

 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

193ZGPage 41, line 35, leave out subsections (3) to (9)
 

Clause 54

 

THE LORD DIXON-SMITH

193APage 43, line 18, at end insert "(not being a community scheme contributor)"
193BPage 43, line 24, at beginning insert "Subject to the right of appeal mentioned in section 56,"
 

THE BARONESS SCOTLAND OF ASTHAL

193CPage 43, line 29, at end insert—
"(5A)  A graffiti removal notice must explain the effect of subsections (4) and (5) and sections (Recovery of expenditure) and (Appeals)."
 

THE LORD DIXON-SMITH

193DPage 43, line 29, at end insert—
"(   )  The period specified in the accordance with subsection (3) shall be extended where the person on whom a graffiti removal notice has been served gives to the authority before the expiry of the period specified in that notice a counternotice making reasonable proposals in accordance with any applicable code of practice for removing, clearing or otherwise remedying the graffiti referred to in the notice so that the authority may not exercise the power under subsection (4) until the expiry of the period specified in the counternotice."
 

THE BARONESS SCOTLAND OF ASTHAL

193EPage 44, line 22, leave out second "section" and insert "sections (Recovery of expenditure) to"
 

THE LORD DIXON-SMITH

193FPage 44, line 22, at end insert—
 ""code of practice" means any code of practice approved by the Secretary of State for the purpose of providing practical guidance with respect to the requirements of any provision of sections 54 to 56,"
193GPage 44, line 22, at end insert—
 ""community scheme" means a scheme operated by, in conjunction with or with the approval of, a local authority in respect of an area for which that local authority is responsible for removing, clearing or otherwise remedying graffiti, for the education or rehabilitation of young offenders or in connection with the promotion of citizenship in accordance with the national curriculum,
 "community scheme contributor" in relation to any local authority means a person who has contributed towards a community scheme or schemes during the year in which it is proposed to serve a graffiti removal notice,"
 

THE BARONESS SCOTLAND OF ASTHAL

193HPage 44, line 26, at end insert—
 ""graffiti removal notice" has the meaning given by subsection (2),"
 

THE LORD DIXON-SMITH

193JPage 44, line 29, at end insert "other than an authority responsible for an area designated by the Secretary of State as a "social inclusion priority area""
 

THE BARONESS SCOTLAND OF ASTHAL

193KPage 44, line 30, after "160(4)" insert "and (5)"
 

THE LORD DIXON-SMITH

193LPage 44, line 34, at end insert—
 ""social inclusion priority area" means an area so designated by the Secretary of State for the purpose of ensuring that the community in that area is not deprived of access to a competitive range of utilities and electronic communications services,"
 

After Clause 54

 

THE BARONESS SCOTLAND OF ASTHAL

193MInsert the following new Clause—
  "Recovery of expenditure
(1)  A local authority may recover from the person on whom a graffiti removal notice was served expenditure reasonably incurred in exercise of the power under section 54(4).
(2)  A local authority may not recover expenditure from a person under subsection (1) unless it has served on that person a notice which sets out the amount of, and details of, the expenditure which it proposes to recover.
(3)  Section 160 of the Environmental Protection Act 1990 (c. 43) has effect in relation to notices under subsection (2) as if they were notices within subsection (2) of that section."
193NInsert the following new Clause—
  "Guidance
(1)  The Secretary of State must issue guidance to local authorities in England for the purposes of sections 54 and (Recovery of expenditure).
(2)  The National Assembly for Wales must issue guidance to local authorities in Wales for the purposes of sections 54 and (Recovery of expenditure).
(3)  A local authority must have regard to any guidance issued to it under this section."
193PInsert the following new Clause—
  "Appeals
(1)  A person on whom a graffiti removal notice is served may, within the period of 21 days beginning with the day on which it is served, appeal against the notice to a magistrates' court on any of the following grounds.
(2)  They are—
(a)  that the defacement is neither detrimental to the amenity of the area nor offensive,
(b)  that there is a material defect or error in, or in connection with, the notice,
(c)  that the notice should be served on another person.
(3)  Where an appeal under subsection (1) is brought, the graffiti removal notice shall be of no effect pending the final determination or withdrawal of the appeal.
(4)  On the determination of such an appeal, the magistrates' court must do one of the following—
(a)  quash the notice,
(b)  modify the notice,
(c)  dismiss the appeal.
(5)  Where the court modifies the notice or dismisses the appeal, it may extend the period specified in the notice.
(6)  A person on whom a notice under section (Recovery of expenditure) (2) is served may, within the period of 21 days beginning with the day on which it is served, appeal to a magistrates' court on the grounds that the expenditure which the authority is proposing to recover is excessive.
(7)  On the determination of an appeal under subsection (6), the magistrates' court must do either of the following—
(a)  confirm that the amount which the authority is proposing to recover is reasonable, or
(b)  substitute a lower amount as the amount which the authority are entitled to recover."
 

Clause 55

 

THE BARONESS SCOTLAND OF ASTHAL

193QPage 44, line 40, after "liability" insert "to any person responsible for the relevant surface"
 

THE LORD DIXON-SMITH

193RPage 45, line 8, at end insert "having regard to the risk of damage to any apparatus or plant mentioned in subsection (8) and to the provisions of any applicable code of practice"
 

THE BARONESS SCOTLAND OF ASTHAL

193SPage 45, line 12, leave out paragraph (d)
193TPage 45, line 15, at end insert—
"(5)  Section 54(10) is to apply for the purposes of this section as it applies for the purposes of that section."

 
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©Parliamentary copyright 2003
6 October 2003