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Amendments to the Anti-social Behaviour Bill

Anti-social Behaviour Bill


AMENDMENTS
TO BE MOVED
ON REPORT


 

Clause 13

 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

Page 10, line 16, after "engage" insert "deliberately"
Page 11, line 7, at end insert "other than the home of the person"
Page 11, line 35, at beginning insert "not"
 

Clause 14

 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

Page 13, line 35, after "unless" insert "an anti-social behaviour injunction has previously been made against the tenant and remains in force and"
Page 13, line 41, 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."
Page 14, line 38, after "unless" insert "an anti-social behaviour injunction has previously been made against the tenant and remains in force and"
Page 14, line 44, 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."
 

Clause 16

 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

Page 16, line 25, at end insert—
"(d)  whether the tenant or a member of the tenant's household suffers from an illness or disability which might diminish his personal responsibility for the nuisance or annoyance;
(e)  whether the tenant or a member of the tenant's household is vulnerable as a result of childhood, old age, mental illness, disability or other special reason;
(f)  whether the tenant or a member of the tenant's household is willing to give an undertaking to the court in respect of his future conduct; and
(g)  whether other means of dispute resolution are available to deal with the allegations of nuisance or annoyance."
Page 16, line 39, at end insert—
"(d)  whether the tenant or a member of the tenant's household suffers from an illness or disability which might diminish his personal responsibility for the nuisance or annoyance;
(e)  whether the tenant or a member of the tenant's household is vulnerable as a result of childhood, old age, mental illness, disability or other special reason;
(f)  whether the tenant or a member of the tenant's household is willing to give an undertaking to the court in respect of his future conduct; and
(g)  whether other means of dispute resolution are available to deal with the complaints of nuisance or annoyance."
 

Clause 18

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

Page 17, line 21, leave out subsection (3)
 

Clause 20

 

THE BARONESS DARCY DE KNAYTH

Page 18, line 28, at end insert—
"(   )  Regulations made under subsection (1)(b) shall make provision as to conditions to be fulfilled by local education authorities before applying for a parenting order in respect of a parent of a child who has special educational needs within the definition of section 312(1) of the Education Act 1996."
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

Page 19, line 1, leave out subsections (6) to (8)
 

Clause 26

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

Page 24, line 35, leave out subsections (6) to (8)
 

Clause 29

 

THE BARONESS SCOTLAND OF ASTHAL

Page 25, line 35, at end insert—
 ""guardian" has the same meaning as in the Children and Young Persons Act 1933 (c. 12),"
 

Clause 30

 

THE BARONESS WALMSLEY
THE BARONESS LINKLATER OF BUTTERSTONE

Page 27, line 9, at end insert—
"(   )  If a constable in uniform has concerns about a child's welfare or safety or has reasonable grounds for believing that the person would be likely to suffer harm if removed to the person's place of residence then he shall notify social services."
 

Clause 31

 

THE BARONESS SCOTLAND OF ASTHAL

Page 27, leave out line 22 and insert "An authorisation may not be given without the consent of the local authority or each"
 

THE BARONESS WALMSLEY

Page 27, line 23, after "authority" insert "and members of the local community"
 

Clause 38

 

THE EARL OF LISTOWEL

Page 31, leave out from beginning of line 42 to end of line 16 on page 32
 

Clause 45

 

THE EARL OF SHREWSBURY

Page 37, line 21, leave out from "subsection" to end of line 24 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).""
    Page 37, line 26, leave out "rifle, air gun or air pistol" and insert "weapon"
Page 37, line 29, leave out "rifle, air gun or air pistol" and insert "weapon"
Page 37, line 37, leave out subsection (6)
Page 37, line 40, 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"
Page 37, line 42, after "dangerous" insert "by virtue of the fact that it can be readily converted to be capable of discharging a missile by force of gunpowder or a like propellant"
Page 38, line 17, 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.""
Page 38, line 17, at end insert—
"(7)  After section 1(5) of the Firearms (Amendment) Act 1988 (c. 45) (prohibited weapons and ammunition) 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 49

 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

Page 41, line 5, at end insert—
"(   )  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."
 

Clause 56

 

THE LORD DIXON-SMITH

Page 45, line 29, at end insert—
  "and may not exercise any of the powers conferred by sections 54 or 55 unless and until such guidance is issued to it or it is otherwise authorised"
 

Clause 65

 

THE BARONESS TURNER OF CAMDEN

Page 50, line 22, at end insert—
"(   )  that where a family is travelling in more than one vehicle, the powers in this section will not be used to send different vehicles to different sites;
(   )  that where there are children resident on site, the welfare of the children will be the primary concern of those exercising powers under this section."
 

Clause 66

 

THE BARONESS TURNER OF CAMDEN

Page 51, line 13, leave out from "to" to second "a"
Page 51, line 14, leave out "or both"
Page 51, line 29, leave out "and was residing with his parent or guardian"
 

After Clause 68

 

THE LORD DIXON-SMITH

Insert the following new Clause—
  "Misuse of land
(1)  Where the use of a parcel of land changes and—
(a)  the new use requires planning under the Town and Country Planning Act 1990 (c. 8) and no application has been made to the relevant planning authority for planning permission for the change of use nor granted by them, and
(b)  the change of use creates a public nuisance
  the relevant local authority may take action to have the site restored to its former state.
(2)  If the relevant local authority decides to take action to restore a site it must serve notice of its intention on the owners and occupiers of the site. If, on receipt of such a notice, the owners or the occupiers of the site do not cease the unauthorised use immediately, they shall be guilty of an offence.
(a)  a person guilty of an offence under this section shall be liable, on summary conviction to—
(i)  imprisonment for a term not exceeding 6 months
(ii)  a fine not exceeding 20,000, or
(iii)  both
(3)  Where the owner of the site is responsible for the change of use or has otherwise permitted other persons to undertake the change of use and he takes no action to restore the site, the relevant local authority may restore the site and charge the owner for the full cost of the restoration.
(4)  Where the owner of the site has not authorised the occupiers of the site to change the use, the relevant local authority shall require the occupiers of the site to undertake the restoration and, if they take no action, may undertake the restoration and charge the occupiers for the full cost of the restoration."
Insert the following new Clause—
  "Causing danger on highway pavements and other public places
  After section 163(2) of the Road Traffic Act 1988 (c. 52) insert—
    "(   )  A person travelling on a highway pavement or other public area that is paved, employing anything riding on wheels, without due consideration for the needs of others must stop on being required to do so by a constable in uniform.""

 
 
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©Parliamentary copyright 2003
21 October 2003