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

House of Lords

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After Clause 55

 

THE BARONESS GARDNER OF PARKES
THE BARONESS HAMWEE

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."
 

THE LORD DIXON-SMITH

194AInsert the following new Clause—
  "Appeals against graffiti removal notices
(1)  A person on whom a graffiti removal notice is served under section 54(2) or the person who is responsible for a relevant surface to which a graffiti removal notice has been affixed under section 54(7) may appeal to a magistrates' court on any of the following grounds—
(a)  that the graffiti is neither detrimental to the amenity of the area nor is it offensive;
(b)  that there has been some informality, defect or error in, or in connection with, the graffiti removal notice; or
(c)  in the case of a graffiti removal notice served under section 54(2), that it should have been served on another person.
(2)  Pending the outcome of an appeal, the local authority may not exercise the power under 54(4).
(3)  If an appeal is successful, the graffiti removal notice shall lapse and have no further effect and the local authority will not be entitled to serve any further notice in respect of the graffiti specified in that graffiti removal notice."
 

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 BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

196APage 46, line 5, leave out subsection (4)
 

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 specified 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""
 

After Clause 59

 

THE BARONESS SCOTLAND OF ASTHAL

200ZAInsert the following new Clause—
  "Raves
(1)  Section 63 of the Criminal Justice and Public Order Act 1994 (c. 33) (powers in relation to raves) is amended as follows.
(2)  In subsection (1) for "100" substitute "20".
(3)  After subsection (1) insert—
"(1A)  This section also applies to a gathering if—
(a)  it is a gathering on land of 20 or more persons who are trespassing on the land; and
(a)  it would be a gathering of a kind mentioned in subsection (1) above if it took place on land in the open air."
(4)  In subsection (2) omit "in the open air".
(5)  In subsection (7) for "this section" substitute "subsection (6) above".
(6)  After subsection (7) insert—
"(7A)  A person commits an offence if—
(a)  he knows that a direction under subsection (2) above has been given which applies to him, and
(b)  he makes preparations for or attends a gathering to which this section applies within the period of 24 hours starting when the direction was given.
(7B)  A person guilty of an offence under subsection (7A) above is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both.""
 

THE LORD DIXON-SMITH

200AInsert the following new Clause—
  "Raves (No. 2)
(1)  The Criminal Justice and Public Order Act 1994 (c. 33) is amended as follows.
(2)  In section 63 (powers to remove persons attending or preparing for a rave)—
(a)  in subsection (1) omit the words "in the open air of 100 or more" and insert "of";
(b)  in subsection (2) omit the words "in the open air";
(c)  in subsection (10) omit the definition of "land in the open air"."
 

Clause 60

 

THE LORD DIXON-SMITH

200BPage 47, line 21, leave out subsection (2) and insert—
"(2)  In section 68 (offence of aggravated trespass) for subsections (1) and (2) substitute—
"(1)  A person commits the offence of aggravated trespass if he trespasses on land and, in relation to any lawful activity which persons have engaged in, are engaging in or are about to engage in on that or adjoining land, does there anything which is intended by him to have the effect—
(a)  of intimidating those persons or any of them so as to deter them or any of them from engaging in that activity,
(b)  of obstructing that activity, or
(c)  of disrupting that activity.
(2)  Activity on any occasion on the part of a person or persons on land is "lawful" for the purposes of this section if he or they may engage in the activity on the land without committing an offence or trespassing on the land, and for the purposes of subsection (1)(b) and (c) above the offence may be committed whether or not the person or persons who may engage in the lawful activity are physically present on the land when a person does anything intended by him to have the effects referred to in those subsections.""
 

Clause 61

 

THE BARONESS TURNER OF CAMDEN
THE LORD AVEBURY
THE LORD WEDDERBURN OF CHARLTON

201Page 48, line 9, after second "a" insert "single"
 

THE LORD DIXON-SMITH

201APage 48, line 9, after "or" insert ", on relevant caravan sites,"
 

THE BARONESS TURNER OF CAMDEN
THE LORD AVEBURY
THE LORD WEDDERBURN OF CHARLTON

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."
 

THE LORD DIXON-SMITH

202APage 48, line 20, after "situated" insert "or is situated in the area of another local authority and is within a reasonable distance from the scene"
202BPage 48, line 23, leave out "within whose area the land is situated"
 

THE BARONESS TURNER OF CAMDEN
THE LORD AVEBURY
THE LORD WEDDERBURN OF CHARLTON

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
THE LORD WEDDERBURN OF CHARLTON

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

Schedule 3

 

THE BARONESS SCOTLAND OF ASTHAL

205APage 64, line 19, column 2, at beginning insert—
  "In section 63(2), "in the open air"."
 

Clause 67

 

THE BARONESS SCOTLAND OF ASTHAL

206Page 51, line 14, after "53" insert "to 55"

 
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6 October 2003