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Amendments to the Anti-social Behaviour Bill

Anti-social Behaviour Bill


AMENDMENTS
TO BE MOVED
ON REPORT


 

Clause 19

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

Page 18, line 7, at end insert "and will work in conjunction with the appropriate agencies and authorities to ensure that such support is given"
 

Clause 23

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

Page 20, line 38, leave out "or a head teacher"
Page 21, line 16, leave out subsection (2) and insert—
"(   )  The penalty payable in respect of a penalty offence is such amount as the Secretary of State may specify by order.
(   )  But the Secretary of State may not specify an amount which is more than a quarter of the amount of the maximum fine for which a person is liable on conviction of the offence."
Page 21, line 21, leave out ", head teachers"
Page 21, leave out lines 30 to 35
 

After Clause 23

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

Insert the following new Clause—
  "Form of a penalty notice
(1)  A penalty notice must—
(a)  be in the prescribed form,
(b)  state the alleged offence,
(c)  give such particulars of the circumstances alleged to constitute the offence as are necessary to provide reasonable information about it,
(d)  specify the suspended enforcement period and explain its effect,
(e)  state the amount of the penalty,
(f)  state to whom, and the address at which, the penalty may be paid, and
(g)  inform the person to whom it is given of his right to ask to be tried for the alleged offence and explain how that right may be exercised.
(2)  "Prescribed" means prescribed by regulations made by the Secretary of State.
(3)  The power to make regulations or an order conferred by this section is exercisable by statutory instrument.
(4)  Such an instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament."
 

Clause 25

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

Page 23, line 36, leave out ", or is likely to engage,"
 

Clause 30

 

THE LORD LESTER OF HERNE HILL
THE BARONESS LINKLATER OF BUTTERSTONE

Page 26, line 16, at end insert "; and
(c)  that it is appropriate and necessary for the prevention of disorder or crime to give the authorisation and exercise the powers referred to in this section."
Page 27, line 9, at end insert—
"(6A)  Subsection (6) applies only where the conditions prescribed by subsection (1) apply"
 

After Clause 42

 

THE BARONESS SCOTLAND OF ASTHAL

Insert the following new Clause—
  "Proceedings under section 222 of the Local Government Act 1972: power of arrest attached to injunction
(1)  This section applies to proceedings in which a local authority is a party by virtue of section 222 of the Local Government Act 1972 (power of local authority to bring, defend or appear in proceedings for the promotion or protection of the interests of inhabitants of their area).
(2)  If the court grants an injunction which prohibits conduct which is capable of causing nuisance or annoyance to a person it may, if subsection (3) below applies, attach a power of arrest to any provision of the injunction.
(3)  This subsection applies if the local authority applies to the court to attach the power of arrest and the court thinks that either—
(a)  the conduct mentioned in subsection (2) consists of or includes the use or threatened use of violence, or
(b)  there is a significant risk of harm to the person mentioned in that subsection.
(4)  Harm includes serious ill-treatment or abuse (whether physical or not).
(5)  Local authority has the same meaning as in section 222 of the Local Government Act 1972."
 

Clause 48

 

THE BARONESS SCOTLAND OF ASTHAL

Page 40, line 11, at end insert—
"(5)  In section 9 (section 8: supplementary), for subsection (4) substitute—
    "(4)  A local authority may use any sums it receives under section 8 (its "penalty receipts") only for the purposes of functions of its that are qualifying functions.
    (4A)  The following are qualifying functions for the purposes of this section—
    (a)  functions under this Act, and
    (b)  functions of a description specified in regulations made by the Secretary of State.
    (4B)  Regulations under subsection (4A)(b) may (in particular) have the effect that a local authority may use its penalty receipts for the purposes of any of its functions.
    (4C)  A local authority must supply the Secretary of State with such information relating to the use of its penalty receipts as the Secretary of State may require.
    (4D)  The Secretary of State may by regulations—
    (a)  make provision for what a local authority is to do with its penalty receipts—
    (i)  pending their being used for the purposes of qualifying functions of the authority;
    (ii)  if they are not so used before such time after their receipt as may be specified by the regulations;
    (b)  make provision for accounting arrangements in respect of a local authority's penalty receipts.
    (4E)  The provision that may be made under subsection (4D)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the Secretary of State) other than the local authority.
    (4F)  Before making regulations under this section, the Secretary of State must consult—
    (a)  the local authorities to which the regulations are to apply, and
    (b)  such other persons as the Secretary of State considers appropriate."
(6)  In section 11 (interpretation and subordinate legislation), in subsection (3) after "order", in the first place where it occurs, insert "or regulations".
(7)  The reference to the Noise Act 1996 (c. 37) in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) is to be treated as referring to that Act as amended by this section."
 

Clause 62

 

THE LORD LESTER OF HERNE HILL
THE BARONESS LINKLATER OF BUTTERSTONE

Page 49, line 6, leave out ""20" substitute "2"" and insert ""of 20 or more persons in a public place which is wholly or partly open to the air" substitute "compromising a significant body of persons gathered in a public place which is wholly or partly open to the air in such circumstances as to give rise to a reasonable belief falling within section 14 of the Public Order Act 1986"
 

Clause 65

 

THE BARONESS SCOTLAND OF ASTHAL

Page 50, line 19, after first "a" insert "suitable"
Page 50, line 24, at end insert—
    "(3A)  Subsection (3B) applies if—
    (a)  a police officer proposes to give a direction under subsection (1) in relation to a person and land, and
    (b)  it appears to him that the person has one or more caravans in his possession or under his control on the land.
    (3B)  The officer must consult every local authority within whose area the land is situated as to whether there is a suitable pitch for the caravan or each of the caravans on a relevant caravan site which is situated in the local authority's area."
 

Clause 71

 

THE BARONESS SCOTLAND OF ASTHAL

Page 53, line 23, after "24(1)" insert "(Proceedings under section 222 of the Local Government Act 1972: power of arrest attached to injunction),"

 
 
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20 October 2003