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

House of Lords

back to previous amendments

 

Clause 49

 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

93Page 41, line 5, at end insert—
"(   )  Inform the person to whom a notice under subsection (1) is given of his right to ask to be tried for the alleged offence and explain how that right may be exercised."
 

After Clause 49

 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

94Insert the following new Clause—
  "Fly-posting removal
(1)  The Town and Country Planning Act 1990 (c. 8) shall be amended as follows.
(2)  In subsection (3) of section 224 (enforcement of control as to advertisements) for "level 3" substitute "level 4".
(3)  In subsection (1) of section 225 (power to remove or obliterate placards and posters) leave out "or obliterate".
(4)  In subsection (2) of section 225 (power to remove or obliterate placards and posters) leave out "or obliteration".
(5)  In subsection (3)(b) of section 225 (power to remove or obliterate placards and posters) leave out "or obliterate".
(6)  In subsection (5) of section 225 (power to remove or obliterate placards and posters) for "two days" substitute "six hours"."
 

Clause 56

 

THE LORD DIXON-SMITH

95Page 45, line 29, at end insert "and may not exercise any of the powers conferred by section 54 or 55 unless and until such guidance is issued to it or it is otherwise authorised"
 

After Clause 58

 

THE BARONESS SCOTLAND OF ASTHAL

96Insert the following new Clause—
  "Display of advertisements in contravention of regulations
  In section 224(3) of the Town and Country Planning Act 1990 (c. 8) (offence of displaying advertisement in contravention of regulations) for "level 3", in both places where it occurs, substitute "level 4"."
 

Clause 59

 

THE EARL ATTLEE

97Page 47, line 3, leave out second "an" and insert "a large"
 

THE LORD DIXON-SMITH

98Page 47, line 4, leave out "eighteen" and insert "sixteen"
 

THE EARL ATTLEE

99Page 47, line 4, at end insert "who cannot show a lawful use for it"
100Page 47, line 5, after "(1)" insert ""large"
101Page 47, line 7, at end insert ", and
(c)  contains more than 125ml of paint."
 

THE LORD DIXON-SMITH

102Page 47, line 14, leave out "eighteen" and insert "sixteen"
 

THE EARL ATTLEE

103Page 47, line 14, at end insert ", or
(c)  he has shown the purchaser's driving licence or a relevant vehicle registration document"
 

Clause 62

 

THE LORD LESTER OF HERNE HILL
THE BARONESS LINKLATER OF BUTTERSTONE

104Page 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"
104ALeave out Clause 62
 

Clause 64

 

THE LORD DIXON-SMITH

105Page 49, line 32, leave out subsection (2) and insert—
"(2)  In section 68 (offence of aggravated trespass) the following subsections shall be substituted for subsections (1) and (2)—
    "(1)  A person commits the offence of aggravated trespass if he trespasses on land and, in relation to any lawful activity on or taking place on that or adjoining land does there anything which is intended by him to have the effect—
    (a)  of intimidating those persons or any of them so as to deter them or any of them from engaging in that activity,
    (b)  of obstructing that activity, or
    (c)  of disrupting that activity.
    (2)  Activity on any occasion on the part of a person or persons on land is "lawful" for the purposes of this section if he or they may engage in the activity on the land without committing an offence or trespassing on the land, and for the purpose of subsection (1)(b) and (c) above, the offence may be committed whether or not the person or persons who may engage in the lawful activity are physically present on the land when a person does anything intended by him to have the effects referred to in those subsections.""
 

Before Clause 65

 

THE LORD AVEBURY

105AInsert the following new Clause—
  "Powers relating to trespassers and unauthorised campers: alternative site available
(1)  The Criminal Justice and Public Order Act 1994 (c. 33) is amended as follows.
(2)  In section 61 (power to remove trespassers on land)—
(a)  in subsection (1), after "If" insert "the condition in subsection (1A) is satisfied and";
(b)  after subsection (1) insert—
"(1A)  The condition is that the senior police officer present at the scene must consult the local authority within whose area the scene is situated as to whether there is a suitable pitch for the vehicles on a relevant caravan site which is situated within the local authority's area.";
(c)  in subsection (9), before the definition of "common land", insert—
     ""caravan site" has the same meaning as in Part 1 of the Caravan Sites and Control of Development Act 1960 (c. 62);
     "relevant caravan site" means a caravan site which is—
(a)  situated in the area of a local authority within whose area the land is situated, and
(b)  managed by a relevant site manager;
     "relevant site manager" means—
(a)  a local authority within whose area the land is situated;
(b)  a registered social landlord;
     "registered social landlord" means a body registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996 (c. 52);".
(3)  In section 77 (power of local authority to direct unauthorised campers to leave land)—
(a)  in subsection (1), after "If" insert "the condition in subsection (1A) is satisfied and";
(b)  after subsection (1) insert—
"(1A)  The condition is that the local authority has ascertained that there is a suitable pitch for the vehicle or vehicles on a relevant caravan site which is situated within the local authority's area.";
(c)  in subsection (6), before the definition of "land" insert—
  ""caravan site" has the same meaning as in Part 1 of the       Caravan Sites and Control of Development Act 1960;
  "relevant caravan site" means a caravan site which is—
    (a)  situated in the area of a local authority within whose area the land is situated, and
    (b)  managed by a relevant site manager;
  "relevant site manager" means—
    (a)  a local authority within whose area the land is situated;
    (b)  a registered social landlord;
  "registered social landlord" means a body registered as a       social landlord under Chapter 1 of Part 1 of the Housing       Act 1996;"."
105BInsert the following new Clause—
  "Power to remove trespassers: penalty
(1)  Section 61 of the Criminal Justice and Public Order Act 1994 (c. 33) (power to remove trespassers on land) is amended as follows.
(2)  In subsection (4) the words "imprisonment for a term not exceeding three months or" are deleted."
 

Clause 65

 

THE LORD AVEBURY
THE LORD WEDDERBURN OF CHARLTON

106Page 50, line 17, leave out "if" and insert "that"
107Page 50, line 18, leave out from "land" to end of line 20 and insert—
"(   )  that the local authority within whose area the land is situated has certified that there is a pitch on a relevant caravan site for that caravan or each of those caravans;"
 

THE BARONESS SCOTLAND OF ASTHAL

108Page 50, line 19, after first "a" insert "suitable"
 

THE BARONESS TURNER OF CAMDEN
THE LORD WEDDERBURN OF CHARLTON
THE LORD AVEBURY

109Page 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."
 

THE BARONESS SCOTLAND OF ASTHAL

110Page 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."
 

THE BARONESS TURNER OF CAMDEN
THE LORD WEDDERBURN OF CHARLTON
THE LORD AVEBURY

111Page 50, line 36, at end insert—
 ""senior police officer" means an officer who has had specific training in working with travellers and ethnic gypsies, addressing race relations and child protection"
112Page 50, line 42, at end insert—
    "(7)  The Deputy Prime Minister shall, following consultation with the Commission for Racial Equality and other interested parties, issue guidance to local authorities and to the police on the operation of this section."
 

Clause 66

 

THE LORD AVEBURY
THE BARONESS TURNER OF CAMDEN
THE LORD WEDDERBURN OF CHARLTON

113Page 51, line 13, leave out from "to" to second "a"
 

THE BARONESS TURNER OF CAMDEN
THE LORD WEDDERBURN OF CHARLTON
THE LORD AVEBURY

114Page 51, line 14, leave out "or both"
115Page 51, line 29, leave out "and was residing with his parent or guardian"
 

After Clause 68

 

THE LORD DIXON-SMITH

116Insert the following new Clause—
  "Misuse of land
(1)  Where the use of a parcel of land changes and—
(a)  the new use requires planning permission 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.
(3)  If, on receipt of a notice, the owners or the occupiers of the site do not cease the unauthorised use immediately, they shall be guilty of an offence.
(4)  a person guilty of an offence under this section shall be liable, on summary conviction to—
(a)  imprisonment for a term not exceeding 6 months,
(b)  a fine not exceeding #20,000, or
(c)  both.
(5)  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.
(6)  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."
117Insert 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.""

 
back to previous pagecontinue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
31 October 2003