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Amendments to the Anti-social Behaviour Bill

Anti-social Behaviour Bill


REVISED
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 1 to 14
Schedule 1
Clauses 15 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 1

 

THE LORD DIXON-SMITH

1Page 1, line 5, leave out "superintendent" and insert "inspector"
2Page 1, line 9, leave out "and" and insert "or"
 

THE LORD PHILLIPS OF SUDBURY

2A*Page 2, line 2, after second "the" insert "landlord or the freehold"
 

Clause 2

 

THE LORD DIXON-SMITH

3Page 3, line 3, at end insert "or"
4Page 3, line 4, leave out paragraph (b)
5Page 3, line 5, at end insert "or"
6Page 3, line 6, leave out from "necessary" to end of line 7
 

THE LORD DIXON-SMITH
THE BARONESS WALMSLEY

7Page 3, line 7, at end insert—
"(   )  The making of the order will not seriously diminish the quality of life of any resident of the premises who the court is satisfied was not involved with the unlawful use, production or supply of a Class A controlled drug."
 

THE LORD DIXON-SMITH

8Page 3, line 9, leave out "three" and insert "six"
9Page 3, line 25, leave out subsection (9)
 

Clause 3

 

THE BARONESS WALMSLEY
THE BARONESS LINKLATER OF BUTTERSTONE

10Page 3, line 33, at end insert "except in relation to a child under 16 years of age"
 

Clause 4

 

THE BARONESS WALMSLEY
THE BARONESS LINKLATER OF BUTTERSTONE

11Page 4, line 10, after "section" insert "unless they are under the age of 18"
12Page 4, line 14, at end insert—
"(   )  A person under 18 guilty of an offence under this section is liable on summary conviction to a community sentence."
 

Clause 5

 

THE LORD DIXON-SMITH

13Page 4, line 25, leave out "superintendent" and insert "inspector"
14Page 4, line 42, leave out "three" and insert "six"
15Page 4, line 43, leave out "six" and insert "twelve"
16Page 5, line 25, at end insert—
  "but failure to effect service shall not invalidate the proceedings and shall not prevent a hearing taking place"
 

Clause 8

 

THE BARONESS WALMSLEY
THE BARONESS LINKLATER OF BUTTERSTONE

17Page 6, line 31, leave out subsection (4)
 

Clause 9

 

THE LORD DIXON-SMITH
THE BARONESS WALMSLEY

18Page 7, line 4, after "been" insert "negligent"
 

Clause 10

 

THE BARONESS WALMSLEY
THE BARONESS LINKLATER OF BUTTERSTONE

19Page 7, line 33, after "he" insert "was aware of the use of the premises and"
 

THE LORD DIXON-SMITH

 The Lord Dixon-Smith gives notice of his intention to oppose the Question that Clause 10 stand part of the Bill.
 

Clause 11

 

THE BARONESS WALMSLEY
THE BARONESS LINKLATER OF BUTTERSTONE

20Page 8, line 5, at end insert—
"(c)  self-contained accommodation but not public areas associated with such accommodation"
21Page 8, line 27, leave out subsection (10)
 

Clause 12

 

THE LORD DIXON-SMITH

22Page 9, line 6, at end insert—
    "(1A)  Each local housing authority must, not later than three months after the commencement of section 12 of the Anti-social Behaviour Act 2003, publish guidance concerning anti-social behaviour."
 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

23Page 9, line 10, at end insert—
    "(c)  procedures for preventing occurrences of anti-social behaviour;
    (d)  procedures for providing support and rehabilitation services to those who have engaged in anti-social behaviour."
24Page 9, line 10, at end insert—
    "(   )  The policy and procedures under subsection (2) may duplicate and shall be compatible with the anti-social behaviour strategy prepared by any landlord which is a local authority under section 22A of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour strategies)."
25Page 9, line 11, leave out "6" and insert "12"
 

THE LORD DIXON-SMITH

26Page 9, line 13, at end insert "and prepared in accordance with the guidance issues under subsection (1A)"
27Page 9, line 25, at end insert "who is or may become a tenant of that landlord or to any person"
28Page 9, line 31, at end insert—
    "(   )  The landlord must also—
    (a)  record the number and nature of complaints made about anti-social behaviour; and
    (b)  monitor action taken to resolve the complaints."
 

THE LORD CLEMENT-JONES
THE BARONESS LINKLATER OF BUTTERSTONE

29Page 9, line 34, at end insert—
    "(10)  The policy and procedures shall be in accordance with the duties on the landlord under Part 3 of the Disability Discrimination Act 1995 (c. 50) and shall take into account the need for reasonable adjustments for a disabled person under that Act."
 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

 The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill.
 

Clause 13

 

THE LORD DIXON-SMITH

30Page 10, line 7, after "to" insert "persistent and unreasonable"
31Page 10, line 8, leave out "capable of causing" and insert "causes or is likely to cause"
 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

32Page 10, line 8, leave out "capable of causing" and insert "likely to cause significant"
 

THE LORD CLEMENT-JONES
THE BARONESS LINKLATER OF BUTTERSTONE

33Page 10, line 8, leave out "capable of causing" and insert "deliberately intended to cause"
 

THE LORD PHILLIPS OF SUDBURY

33A*Page 10, line 8, after "or" insert "serious or repeated"
 

THE LORD DIXON-SMITH

34Page 10, line 18, leave out "capable of causing" and insert "causes or is likely to cause"
 

THE LORD CLEMENT-JONES
THE BARONESS LINKLATER OF BUTTERSTONE

35Page 10, line 18, leave out "capable of causing" and insert "deliberately intended to cause"
 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

36Page 10, line 18, leave out "capable of causing" and insert "likely to cause significant"
 

THE LORD DIXON-SMITH

37Page 10, line 19, leave out "or" and insert "and"
 

THE BARONESS SCOTLAND OF ASTHAL

38Page 10, line 20, leave out "residing in" and insert "with a right (of whatever description) to reside in or occupy"
39Page 10, line 21, at end insert—
"(   )  a person with a right (of whatever description) to reside in or occupy other housing accommodation in the locality of the housing accommodation mentioned in paragraph (a);"
40Page 10, line 22, leave out "visiting the housing accommodation or otherwise"
 

THE LORD DIXON-SMITH

41Page 10, line 23, leave out "in the locality" and insert "within 100 metres"
 

THE BARONESS SCOTLAND OF ASTHAL

42Page 10, line 24, at end insert "mentioned in paragraph (a)"
 

THE LORD DIXON-SMITH

43Page 10, line 27, at end insert—
    "(4A)  "Nuisance and annoyance" includes conduct which intrudes unreasonably into the peaceful occupation of the properties of the relevant landlord and includes harassment or intimidation of tenants and visitors."
44Page 10, leave out line 28
45Page 10, line 30, after "in" insert "any"
 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

46Page 11, line 13, leave out "capable of causing" and insert "likely to cause significant"
 

THE LORD CLEMENT-JONES
THE BARONESS LINKLATER OF BUTTERSTONE

47Page 11, line 28, at end insert—
    "(6)  The court shall not issue an injunction under section 153A, 153C or 153D if it is satisfied that the landlord would, but for the injunction, be acting in breach of his duties under the Disability Discrimination Act 1995 (c. 50) in prohibiting conduct or excluding a person from any premise or any areas."
 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

48Page 11, leave out lines 33 and 34
49Page 12, line 7, at end insert—
    "(   )  The licensor of housing accommodation is also a relevant landlord for the purposes of section 153D and the provisions of section 153D apply to its licensees as if they were tenants."
 

THE LORD DIXON-SMITH

50Page 12, line 19, leave out "three years" and insert "one year"
 

THE LORD CLEMENT-JONES
THE BARONESS LINKLATER OF BUTTERSTONE

51Page 12, line 23, at end insert—
    "(c)  the duties of the landlord under any anti-discrimination legislation in force"
 

Clause 14

 

THE LORD DIXON-SMITH

52Page 13, line 34, after "house" insert "at the invitation of the tenant"
 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

53Page 13, line 36, at end insert—
    "(   )  that where an injunction under section 153A or 153B has already been granted, its terms have been breached or, where no such injunction has been obtained, it was not an appropriate or available remedy to the landlord,"
54Page 13, line 38, at end insert—
    "(4A)  A demotion order may contain conditions for the landlord to provide or secure the provision of support and rehabilitation services as appropriate to the tenant or a person residing in or visiting the dwelling-house who has engaged or has threatened to engage in conduct to which section 153A or 153B of the Housing Act 1996 (anti-social behaviour or use of premises for immoral or unlawful purposes) applies."
 

THE LORD DIXON-SMITH

55Page 13, line 46, at end insert—
    "(e)  any other express terms of the secure tenancy"
56Page 14, leave out lines 4 to 6
57Page 14, line 36, after "house" insert "at the invitation of the tenant"
 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

58Page 14, line 38, at end insert—
    "(   )  that where an injunction under section 153A or 153B has already been granted, its terms have been breached or, where no such injunction has been obtained, it was not an appropriate or available remedy to the landlord,"
 

THE LORD CLEMENT-JONES
THE BARONESS LINKLATER OF BUTTERSTONE

59Page 14, line 40, at end insert "taking into account the duties of the landlord to make reasonable adjustments under the Disability Discrimination Act 1995 (c. 50)"
 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

60Page 14, line 40, at end insert—
    "(4A)  A demotion order may contain conditions for the landlord to provide or secure the provision of support and rehabilitation services as appropriate to the tenant or a person residing in or visiting the dwelling-house who has engaged or has threatened to engage in conduct to which section 153A or 153B of the Housing Act 1996 (anti-social behaviour or use of premises for immoral or unlawful purposes) applies."
 The above-named Lords give notice of their intention to oppose the Question that Clause 14 stand part of the Bill.

 
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©Parliamentary copyright 2003
11 September 2003