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

House of Lords

back to previous amendments

 

Schedule 1

 

THE LORD DIXON-SMITH
THE BARONESS HAMWEE

61Page 54, line 2, leave out "of the dwelling-house" and insert "under section 143E"
 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

62Page 54, line 12, at end insert—
    "(6)      A demoted tenancy shall have the effect of suspending but not of terminating the tenant's right to buy the property pursuant to section 118 of the Housing Act 1985 (c. 68) (the right to buy) for the demotion period."
 

THE LORD DIXON-SMITH
THE BARONESS HAMWEE

63Page 54, leave out lines 39 and 40 and insert—
"(2)      The court must make an order for possession under this section if it is satisfied—
(a)  that the tenant or a person residing in or visiting the dwelling house has engaged or 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, and
(b)  the procedure under sections 143E and 143F has been followed."
 

THE LORD DIXON-SMITH

64Page 54, line 39, leave out from "possession" to end of line 40 and insert "if it is satisfied—
(a)  that conduct under the inserted section 153A or 153B of the Housing Act 1996 has taken place since the making of the demotion order, and
(b)  that the procedure under the inserted sections 143E and 143F has been followed"
65Page 54, line 40, at end insert "and it is not reasonable to make the order"
66Page 55, line 3, after "unless" insert—
"(a)  the grounds for possession are related to anti-social behaviour;
(b)  the landlord has made attempts to resolve the problem of anti-social behaviour between the tenant and any other tenants"
67Page 55, line 9, at end insert "including evidence of further conduct under the inserted section 153A or 153B of the Housing Act 1996 which has taken place since the making of the demotion order"
 

THE LORD DIXON-SMITH
THE BARONESS HAMWEE

68Page 60, line 20, at end insert—
"(2)      In section 84 (grounds and orders for possession) after subsection (4) there is inserted the following subsection—
    "(5)      For the purposes of this section—
    (a)  secure tenancies include demoted tenancies within the meaning of section 143A of the Housing Act 1996;
    (b)  secure tenants include demoted tenants within the meaning of that section.""
 

THE BARONESS SCOTLAND OF ASTHAL

69Page 60, line 28, at end insert—
"(   )      In section 171B (extent of preserved right to buy) after subsection (1) there is inserted the following subsection—
    "(1A)      A person to whom this section applies ceases to have the preserved right to buy if the tenancy of a relevant dwelling-house becomes a demoted tenancy by virtue of a demotion order under section 6A of the Housing Act 1988.""
70Page 60, line 37, after first "of" insert "section 20B of the Housing Act 1988 or"
 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

71Page 60, line 38, at end insert—
    "(9B)      The tenant condition does include any period when a tenancy was a secure tenancy prior to becoming a demoted tenancy by virtue of section 143A of the Housing Act 1996.""
 

Clause 15

 

THE LORD DIXON-SMITH
THE BARONESS HAMWEE

72Page 15, line 43, at end insert—
"(   )  In the Housing Act 1988 (c. 50) in section 21 after subsection (7) there is inserted the following subsection—
    "(8)  No order for possession under subsection (1) or (4) may be made in relation to a dwelling house let on a tenancy to which section 20B above applies unless the court is satisfied that the tenant or a person residing in or visiting the dwelling house has engaged or 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 BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

 The above-named Lords give notice of their intention to oppose the Question that Clause 15 stand part of the Bill.
 

Clause 16

 

THE LORD CLEMENT-JONES
THE BARONESS LINKLATER OF BUTTERSTONE

73Page 16, line 30, after second "the" insert "deliberately intended"
74Page 16, line 32, after "the" insert "deliberately intended"
74A*Page 16, line 34, after second "the" insert "deliberately intended"
 

Before Clause 18

 

THE LORD NORTHBOURNE

75Insert the following new Clause—
  "Making of parenting orders and parenting contracts
  When a court considers that there is a case for making a parenting order or a parenting contract under this Part, it shall consider whether making an order against the father or the mother, or both parents jointly, is most likely to secure a reduction in anti-social behaviour (or truancy as the case may be) by the child and shall use its best endeavours to target any parenting order or contract accordingly."
 

Clause 18

 

THE LORD NORTHBOURNE

76Page 17, line 7, leave out "the parent" and insert "a parent or both parents of a child"
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

77Page 17, line 10, leave out "for a concurrent period exceeding three months" and insert "during that time"
78Page 17, line 11, after "such" insert "appropriate"
 

THE LORD CLEMENT-JONES
THE BARONESS LINKLATER OF BUTTERSTONE

79Page 17, line 17, at end insert—
    "(6)  This section does not apply when local education authorities, schools and other governing bodies have failed to meet the provision in a child's education statement."
 

THE EARL OF LISTOWEL

80Page 17, line 28, at end insert—
    "(c)  that the attendance of the parent at a residential course is in the best interests of the child, considering the likely effect on the child of any changes in the child's home circumstances,
    (d)  that appropriate arrangements have been made for the care and education of the child,
    (e)  that the attendance of the parent at a residential course is a measure of last resort."
 

Clause 19

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

81Page 17, line 33, after "where" insert
"(a)"  
82Page 17, line 34, at end insert—
"(b)  all other measures to secure his attendance have been taken by the school and the local education authority."
 

THE BARONESS DARCY DE KNAYTH

82A*Page 17, line 35, at beginning insert "Subject to the conditions set out in section (Parenting orders and parenting contracts: special educational needs),"
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

83Page 17, line 35, leave out "or the governing body of a relevant school"
 

THE LORD NORTHBOURNE

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

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

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

101A*Page 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

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

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

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"

 
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©Parliamentary copyright 2003
11 September 2003