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Amendments to the Anti-social Behaviour Bill

Anti-social Behaviour Bill


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Instruction of 9th September 2003, as follows—

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 32

 

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

57Page 28, line 13, after "person" insert ", unless they are under the age of 18,"
58Page 28, line 16, at end insert "or
(c)  a community sentence"
59Page 28, line 17, leave out "to both" and insert "any combination of paragraphs (a), (b) and (c)"
60Page 28, line 17, at end insert—
"(   )  A person under the age of 18 who knowingly contravenes a direction given to him under section 30(4) commits an offence and is liable on summary conviction to a community sentence."
 

Clause 36

 

THE LORD DIXON-SMITH

61Page 29, line 39, leave out from second "council" to end of line 40
 

Clause 37

 

THE BARONESS SCOTLAND OF ASTHAL

62Page 30, line 15, at end insert—
"(za)  after paragraph (a) there is inserted—
    "(aa)  in relation to England, a county council;";"
 

THE LORD DIXON-SMITH

63Page 30, line 19, at end insert ", or
(f)  a county council"
 

THE BARONESS SCOTLAND OF ASTHAL

64Page 30, line 20, after "acts)" insert "—
(a)  after paragraph (a) there is inserted—
    "(aa)  in relation to a relevant authority falling within paragraph (aa) of subsection (1A), persons within the county of the county council;";
(b)  "
65Page 31, line 10, at end insert—
"(6A)  In section 1E (consultation requirements) after subsection (4) there is inserted—
    "(5)  Subsection (4)(a) does not apply if the relevant authority is a county council for a county in which there are no districts.""
 

Clause 38

 

THE EARL OF LISTOWEL
THE BARONESS LINKLATER OF BUTTERSTONE
THE BARONESS STERN

66Page 32, leave out lines 7 to 16
 

Clause 39

 

THE BARONESS LINKLATER OF BUTTERSTONE
THE BARONESS SHARP OF GUILDFORD

67Page 32, line 41, leave out subsection (3)
68Page 33, line 19, at end insert—
"(   )  After section 2(3) insert—
    "(3A)  A penalty notice issued to a person under 18 must be given in a police station.""
 

After Clause 42

 

THE BARONESS SCOTLAND OF ASTHAL

69Insert 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 44

 

THE LORD DIXON-SMITH

70Page 36, line 22, leave out ""seventeen"" and insert ""sixteen""
 

THE LORD MOYNIHAN
THE LORD DIXON-SMITH
THE LORD PENDRY

71Page 36, line 34, at end insert—
    "(5)  It is not an offence under section 22(4) of this Act for a person of or over the age of fourteen to have with him an air weapon or ammunition while making the journey between his home and any premises falling within subsection (2), provided that the conditions in subsection (6) are satisfied.
    (6)  The conditions are that—
    (a)  the weapon is carried in a securely locked case;
    (b)  the key to the case is kept separately from the weapon;
    (c)  the person may not transport the gun and ammunition in the same journey;
    (d)  any journey falling within subsection (5) must be a direct journey.""
 

THE LORD MOYNIHAN
THE EARL OF SHREWSBURY
THE LORD PENDRY

72Page 36, line 34, at end insert—
"(5)  It is not an offence under section 22(4) of this Act for a person of or over the age of fourteen to have with him an air gun or ammunition in a public place provided that—
(a)  the air gun or rifle is so covered by a securely fastened gun cover that it cannot be used;
(b)  the person is travelling directly to or from a place at which he can lawfully use the air gun or where it has been kept on his behalf.""
73Page 36, line 34, at end insert—
    "(5)  It is not an offence under section 22(4) of this Act for a person of or over the age of fourteen to have with him an air gun or ammunition in a public place provided that—
    (a)  the air gun or rifle is so covered by a securely fastened gun cover that it cannot be used;
    (b)  the person must be able to supply on request evidence of identity and place of residence, of place of destination and of purpose;
    (c)  the person is travelling directly to or from a place at which he can lawfully use the air gun or where it has been kept on his behalf.""
74Page 36, line 34, at end insert—
    "(5)  It is not an offence under section 22(4) of this Act for a person of or over the age of fourteen to have with him an air gun or ammunition in a public place provided that—
    (a)  the air gun or rifle is so covered by a securely fastened gun cover that it cannot be used;
    (b)  the gun cover is securely locked and the key kept separately from the gun;
    (c)  the person is travelling directly to or from a place at which he can lawfully use the air gun or where it has been kept on his behalf.""
75Page 36, line 34, at end insert—
    "(5)  It is not an offence under section 22(4) of this Act for a person of or over the age of fourteen to have with him an air gun or ammunition in a public place provided that—
    (a)  the air gun or rifle is so covered by a securely fastened gun cover that it cannot be used;
    (b)  the air gun or rifle pellets are carried separately from the gun;
    (c)  the person is travelling directly to or from a place at which he can lawfully use the air gun or where it has been kept on his behalf.""
76Page 36, line 34, at end insert—
    "(5)  It is not an offence under section 22(4) of this Act for a person of or over the age of fourteen to have with him an air gun or ammunition in a public place provided that—
    (a)  the air gun or rifle is so covered by a securely fastened gun cover that it cannot be used;
    (b)  the gun cover is securely locked and the key kept separately from the gun;
    (c)  the air gun or rifle pellets are carried separately from the gun;
    (d)  the person is travelling directly to or from a place at which he can lawfully use the air gun or where it has been kept on his behalf.""
 

THE LORD DIXON-SMITH

77Page 36, line 37, leave out ""seventeen"" and insert ""sixteen""
78Page 36, line 38, leave out "seventeen"" and insert "sixteen"
79Page 37, line 2, leave out ""17"" and insert ""16""
80Page 37, line 11, leave out ""17"" and insert ""16""
 

Clause 45

 

THE EARL OF SHREWSBURY

81Page 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).""
 

THE LORD DIXON-SMITH

82Page 37, line 23, after "which" insert—
"(i)"  
83Page 37, line 24, at end insert—
"(ii)  either has a barrel less than 30 centimetres in length or is less than 60 centimetres in length overall; and
(iii)  is readily convertible (as defined 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)) to fire ammunition capable of discharging a missile by the force of gunpowder or other explosive material."
 

THE EARL OF SHREWSBURY

84Page 37, line 26, leave out "rifle, air gun or air pistol" and insert "weapon"
85Page 37, line 29, leave out "rifle, air gun or air pistol" and insert "weapon"
86Page 37, line 37, leave out subsection (6)
87Page 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"
 

THE LORD DIXON-SMITH

88Page 37, line 40, after "which" insert "has a barrel length less than of 30 centimetres in length or is less than 60 centimetres in length overall and"
 

THE EARL OF SHREWSBURY

89Page 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"
90Page 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.""
91Page 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 48

 

THE BARONESS SCOTLAND OF ASTHAL

92Page 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."

 
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©Parliamentary copyright 2003
31 October 2003