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Amendments to the Anti-social Behaviour Bill

Anti-social Behaviour Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE LORD DIXON-SMITH

1Page 1, line 9, leave out "and" and insert "or"
 

THE LORD MOYNIHAN

2Page 1, line 11, at end insert—
"(1A)  This section also applies to premises if a police officer not below the rank of superintendent (the authorising officer) has reasonable grounds for believing—
(a)  that at any time during the relevant period the premises have been used in connection with the use by, or supply to, sportspersons affiliated to governing bodies of sport of drugs recognised by the Doping in Sport Directorate of UK Sport as performance-enhancing drugs, and
(b)  that the use or supply of such drugs on the premises is associated with the occurrence of disorder or serious nuisance to members of the public."
 

THE LORD DIXON-SMITH

3Page 1, line 15, at end insert " and that local authority is able to meet any consequential housing liability"
 

Clause 2

 

THE LORD DIXON-SMITH

4Page 3, line 7, at end insert—
"(   )  The making of the order will not seriously disadvantage the 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."
 

Clause 4

 

THE BARONESS WALMSLEY
THE BARONESS LINKLATER OF BUTTERSTONE
THE LORD WEDDERBURN OF CHARLTON

5*Page 4, line 10, after "section" insert ", unless they are under the age of 18,"
6*Page 4, line 13, at end insert "or
"(c)  to a community sentence"
7*Page 4, line 14, leave out "both such imprisonment and fine" and insert "any combination of paragraphs (a), (b) and (c)"
8*Page 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 12

 

THE LORD DIXON-SMITH

9Page 9, line 25, at end insert "who is a tenant of that landlord or to any person seeking to become a tenant"
 

Clause 13

 

THE LORD DIXON-SMITH

10Page 10, line 7, after "to" insert "unreasonable"
 

THE LORD CLEMENT-JONES
THE BARONESS LINKLATER OF BUTTERSTONE

11*Page 10, line 8, leave out "capable of causing" and insert "reckless as to whether it causes"
 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

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

THE LORD CLEMENT-JONES
THE BARONESS LINKLATER OF BUTTERSTONE

13*Page 10, line 18, leave out "capable of causing" and insert "reckless as to whether it causes"
 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

14*Page 10, line 19, after "or" insert "serious or repeated"
 

THE BARONESS SCOTLAND OF ASTHAL

15Page 10, line 24, leave out "locality of the" and insert "neighbourhood of"
16Page 10, line 26, leave out "locality of the" and insert "neighbourhood of"
 

THE LORD DIXON-SMITH

17Page 10, leave out line 31
 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

18Page 11, line 7, at end insert "other than the home of the person"
19*Page 11, line 16, after first "or" insert "serious or repeated"
20Page 11, line 35, at beginning insert "not"
 

THE BARONESS SCOTLAND OF ASTHAL

21Page 12, line 14, at end insert—
"(c)  in relation to a neighbourhood, the whole of the housing accommodation owned or managed by a relevant landlord in the neighbourhood and any common areas used in connection with the accommodation."
 

Clause 14

 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

22Page 13, line 35, after "unless" insert "an anti-social behaviour injunction has previously been made against the tenant and remains in force and"
23Page 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."
24Page 14, line 38, after "unless" insert "an anti-social behaviour injunction has previously been made against the tenant and remains in force and"
25Page 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 15

 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

26*Page 16, line 4, at end insert—
"(   )  In the Housing Act 1988 (c. 50) after section 21 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.""
 

After Clause 15

 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

27*Insert the following new Clause—
  "Definition of behaviour
(1)  The Housing Act 1985 (c. 68) shall be amended as follows.
(2)  Under Ground 2(a) in Part 1 of Schedule 2, after second "or" there is inserted "serious or repeated".
(3)  The Housing Act 1988 (c. 50) shall be amended as follows.
(4)  Under Ground 14(a) in Part 2 of Schedule 2, after second "or" there is inserted "serious or repeated"."
 

Clause 16

 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

28*Page 16, line 20, after "or" insert "serious or repeated"
29*Page 16, line 22, after "or" insert "serious or repeated"
30*Page 16, line 24, after "or" insert "serious or repeated"
31Page 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."
32*Page 16, line 34, after "or" insert "serious or repeated"
33*Page 16, line 36, after "or" insert "serious or repeated"
34*Page 16, line 38, after "or" insert "serious or repeated"
35Page 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

36Page 17, line 21, leave out subsection (3)
 

Clause 19

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

37Page 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 20

 

THE BARONESS DARCY DE KNAYTH

38Page 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 (c. 56) (meaning of "special educational needs" and "special educational provision" etc)."
 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

39Page 19, line 1, leave out subsections (6) to (8)
 

Clause 23

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

40Page 20, line 38, leave out "or a head teacher"
41Page 21, line 16, leave out lines 16 to 20 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."
42Page 21, line 21, leave out ", head teachers"
43Page 21, leave out lines 30 to 35
 

After Clause 23

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

44Insert 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

45Page 23, line 36, leave out ", or is likely to engage,"
 

Clause 26

 

THE BARONESS SHARP OF GUILDFORD
THE BARONESS LINKLATER OF BUTTERSTONE

46Page 24, line 35, leave out subsections (6) to (8)

 
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©Parliamentary copyright 2003
22 October 2003