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Anti-social Behaviour Bill


Anti-social Behaviour Bill
Part 5 — Miscellaneous powers

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after paragraph 11 insert—

“Power to stop cycles

        11A               (1)                Subject to sub-paragraph (2), where a designation applies this

paragraph to any person, that person shall, within the relevant police

area, have the power of a constable in uniform under section 163(2)

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of the Road Traffic Act 1988 to stop a cycle.

                       (2)                The power mentioned in sub-paragraph (1) may only be exercised by

that person in relation to a person who he has reason to believe has

committed an offence under section 72 of the Highway Act 1835

(riding on a footway) by cycling.”

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     (4)    In Part 1 of that Schedule, after paragraph 15 insert—

“Power to modify paragraph 1(2)(a)

        15A               (1)                The Secretary of State may by order provide that paragraph 1(2)(a) is

to have effect as if the reference to the powers there mentioned did

not include those powers so far as they relate to an offence under any

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provision for the time being mentioned in the first column of the

Table in section 1(1) of the Criminal Justice and Police Act 2001

which is specified in the order.

                       (2)                The Secretary of State shall not make an order containing (with or

without any other provision) any provision authorised by this

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paragraph unless a draft of that order has been laid before

Parliament and approved by a resolution of each House.”

     (5)    In paragraph 1(2) of Schedule 5 (powers of accredited persons to issue fixed

penalty notices) after paragraph (a) insert—

                    “(aa)                      the powers of a constable in uniform to give a penalty notice

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under Chapter 1 of Part 1 of the Criminal Justice and Police

Act 2001 (fixed penalty notices in respect of offences of

disorder) except in respect of an offence under section 12 of

the Licensing Act 1872 or section 91 of the Criminal Justice

Act 1967;”.

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     (6)    After paragraph 8 of that Schedule insert—

“Power to stop cycles

        8A               (1)                Subject to sub-paragraph (2), a person whose accreditation specifies

that this paragraph applies to him shall, within the relevant police

area, have the power of a constable in uniform under section 163(2)

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of the Road Traffic Act 1988 to stop a cycle.

                        (2)                                The power mentioned in sub-paragraph (1) may only be exercised by

that person in relation to a person who he has reason to believe has

committed an offence under section 72 of the Highway Act 1835

(riding on a footway) by cycling.”

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Anti-social Behaviour Bill
Part 5 — Miscellaneous powers

    35

 

     (7)    After paragraph 9 of that Schedule insert—

“Power to modify paragraph 1(2)(aa)

        9A               (1)                The Secretary of State may by order provide that paragraph 1(2)(aa)

is to have effect as if the reference to the powers there mentioned did

not include those powers so far as they relate to an offence under any

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provision for the time being mentioned in the first column of the

Table in section 1(1) of the Criminal Justice and Police Act 2001

which is specified in the order.

                       (2)                The Secretary of State shall not make an order containing (with or

without any other provision) any provision authorised by this

10

paragraph unless a draft of that order has been laid before

Parliament and approved by a resolution of each House.”

 42    Report by local authority in certain cases where person remanded on bail

After section 23A of the Children and Young Persons Act 1969 (c. 54) there is

inserted—

15

       “23B            Report by local authority in certain cases where person remanded on

bail

           (1)           Subsection (2) below applies where a court remands a person aged 10

or 11 on bail and either—

                  (a)                 the person is charged with or has been convicted of a serious

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offence, or

                  (b)                 in the opinion of the court the person is a persistent offender.

           (2)           The court may order a local authority to make an oral or written report

specifying where the person is likely to be placed or maintained if he is

further remanded to local authority accommodation.

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           (3)           An order under subsection (2) above must designate the local authority

which is to make the report; and that authority must be the local

authority which the court would have designated under section 23(2)

of this Act if the person had been remanded to local authority

accommodation.

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           (4)           An order under subsection (2) above must specify the period within

which the local authority must comply with the order.

           (5)           The maximum period that may be so specified is seven working days.

           (6)           If the Secretary of State by order so provides, subsection (2) above also

applies where—

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                  (a)                 a court remands on bail any person who has attained the age of

12 and is under the age of 17,

                  (b)                 the requirement in section 23AA(3) of this Act is fulfilled, and

                  (c)                 in a case where he is remanded after conviction, the court is

satisfied that the behaviour which constituted the offence was

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due, to a significant extent, to the circumstances in which the

offender was living.

           (7)           In this section—

 

 

Anti-social Behaviour Bill
Part 6 — Firearms

    36

 

                                  “serious offence” means an offence punishable in the case of an

adult with imprisonment for a term of two years or more.

                                  “working day” means any day other than—

                        (a)                        a Saturday or a Sunday,

                        (b)                        Christmas day or Good Friday, or

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                        (c)                        a bank holiday in England and Wales under the Banking

and Financial Dealings Act 1971.”.

 43    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

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virtue of section 222 of the Local Government Act 1972 (c. 70) (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

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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

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           (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.

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Part 6

Firearms

 44    Possession of air weapon or imitation firearm in public place

     (1)    In section 19 of the Firearms Act 1968 (c. 27) (offence to carry firearm in public

place) for the words from “a loaded shot gun” to the end of the section

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substitute—

                  “(a)                    a loaded shot gun,

                  (b)                    an air weapon (whether loaded or not),

                  (c)                    any other firearm (whether loaded or not) together with

ammunition suitable for use in that firearm, or

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                  (d)                    an imitation firearm.”

     (2)    In Part I of Schedule 6 to that Act (punishment) in the entry relating to section

19—

           (a)           in the second column (general nature of offence) for “loaded firearm”

substitute “firearm or imitation firearm”, and

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           (b)           in the third column (mode of prosecution) after “not” insert “in the case

of an imitation firearm or”.

     (3)    The following shall be inserted after paragraph 5 of Schedule 1A to the Police

 

 

Anti-social Behaviour Bill
Part 6 — Firearms

    37

 

and Criminal Evidence Act 1984 (c. 60) (arrestable offences)—

“Firearms Act 1968

        5A                An offence under section 19 of the Firearms Act 1968 (carrying

firearm or imitation firearm in public place) in respect of an air

weapon or imitation firearm.”

5

 45    Air weapons: age limits

     (1)    The Firearms Act 1968 (c. 27) shall be amended as follows.

     (2)    In section 22 (acquisition and possession of firearms by minors)—

           (a)           in subsection (4) for “fourteen” substitute “seventeen”, and

           (b)           omit subsection (5).

10

     (3)    In section 23 (the heading to which becomes “Exceptions from s. 22(4)”)—

           (a)           in subsection (2) omit “or (5)”, and

           (b)                         after subsection (2) insert—

                  “(3)                    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

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ammunition on private premises with the consent of the

occupier.

                  (4)                    But where a person has with him an air weapon on premises in

circumstances where he would be prohibited from having it

with him but for subsection (3), it is an offence for him to use it

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for firing any missile beyond those premises.”

     (4)    In section 24(4) (offence to give air weapon or ammunition to person under

fourteen)—

           (a)           in paragraph (a) for “fourteen” substitute “seventeen”, and

           (b)           in paragraph (b) for “that age” substitute “the age of seventeen”.

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     (5)    In Part I of Schedule 6 (punishment)—

           (a)           in the entry relating to section 22(4) in the second column (general

nature of offence) for “14” substitute “17”,

           (b)           omit the entry relating to section 22(5),

           (c)                         in the entry relating to section 23(1) in the second column for “14”

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substitute “17”,

           (d)           after that entry insert—

 

“Section

Person under 17

Summary

A fine of level

Paragraphs 7

 
 

23(4)

making improper use

 

3 on the

and 8 of Part

 
  

of air weapon on

 

standard

II of this

 

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private premises.

 

scale.

Schedule

 
     

apply.”,

 

                         and

           (e)           in the entry relating to section 24(4) in the second column for “14”

substitute “17”.

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     (6)    In Part II of that Schedule (supplementary)—

 

 

Anti-social Behaviour Bill
Part 6 — Firearms

    38

 

           (a)           in paragraph 7 for “22(4) or (5), 23(1)” substitute “22(4), 23(1) or (4)”,

and

           (b)           in paragraph 8 for “22(3), (4) or (5), 23(1)” substitute “22(3) or (4), 23(1)

or (4)”.

 46    Prohibition of certain air weapons

5

     (1)    The Firearms Act 1968 shall be amended as follows.

     (2)    In section 1(3)(b) after “air pistol” insert “which does not fall within section 5(1)

and which is”.

     (3)           In section 5 (weapons subject to general prohibition) after subsection (1)(ae)

insert—

10

                  “(af)                    any air rifle, air gun or air pistol which uses, or is designed or

adapted for use with, a self-contained gas cartridge system;”.

     (4)    If at the time when subsection (3) comes into force a person has in his

possession an air rifle, air gun or air pistol of the kind described in section

5(1)(af) of the Firearms Act 1968 (c. 27) (inserted by subsection (3) above)—

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           (a)           section 5(1) of that Act shall not prevent the person’s continued

possession of the air rifle, air gun or air pistol,

           (b)           section 1 of that Act shall apply, and

           (c)           a chief officer of police may not refuse to grant or renew, and may not

revoke or partially revoke, a firearm certificate under Part II of that Act

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on the ground that the person does not have a good reason for having

the air rifle, air gun or air pistol in his possession.

     (5)           But subsection (4)(a) to (c) shall not apply to possession in the circumstances

described in section 8 of that Act (authorised dealing).

     (6)    In section 1 of the Firearms (Amendment) Act 1988 (c. 45)—

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           (a)           in subsection (4), omit the word “or” at the end of paragraph (a) and

after paragraph (b) insert— “; or

                        (c)                           any air rifle, air gun or air pistol which is not for the time

being specified in that subsection but appears to him to

be specially dangerous,”, and

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           (b)           after subsection (4) insert—

                  “(4A)                    An order under subsection (4)—

                        (a)                        may provide for a provision of the principal Act to apply

with or without modification or exception in relation to

anything added to subsection (1) of section 5 by the

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order,

                        (b)                        may impose conditions in respect of any application,

modification or exception provided for by the order

(which may, in particular, include provision requiring a

person to obtain a certificate in accordance with an

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enactment referred to or applied by the order),

                        (c)                        may make provision generally or by reference to a

particular purpose or circumstance,

                        (d)                        may confer a function on the Secretary of State or

another specified person, and

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                        (e)                        may make transitional, consequential or incidental

provision.”

 

 

Anti-social Behaviour Bill
Part 7 — The environment

    39

 

Part 7

The environment

Noise

 47    Closure of noisy premises

     (1)    The chief executive officer of the relevant local authority may make a closure

5

order in relation to premises to which this section applies if he reasonably

believes that—

           (a)           a public nuisance is being caused by noise coming from the premises,

and

           (b)           the closure of the premises is necessary to prevent that nuisance.

10

     (2)    This section applies to premises if—

           (a)           a premises licence has effect in respect of them, or

           (b)           a temporary event notice has effect in respect of them.

     (3)    In this section “closure order” means an order which requires specified

premises to be kept closed during a specified period which—

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           (a)           does not exceed 24 hours, and

           (b)           begins when a manager of the premises receives written notice of the

order.

     (4)    A person commits an offence if without reasonable excuse he permits premises

to be open in contravention of a closure order.

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     (5)    A person guilty of an offence under this section shall be liable on summary

conviction to—

           (a)           imprisonment for a term not exceeding three months,

           (b)           a fine not exceeding £20,000, or

           (c)           both.

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 48    Closure of noisy premises: supplemental

     (1)    Where a closure order is made in relation to premises, the chief executive

officer of the relevant local authority—

           (a)           may cancel the closure order by notice in writing to a manager of the

premises,

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           (b)           shall cancel the order as soon as is reasonably practicable if he believes

that it is no longer necessary in order to prevent a public nuisance being

caused by noise coming from the premises, and

           (c)           shall give notice of the order as soon as is reasonably practicable to the

licensing authority for the area in which the premises are situated.

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     (2)    The chief executive officer of a local authority may authorise an environmental

health officer of the authority to exercise a power or duty of the chief executive

officer under section 47(1) or under subsection (1) above; and—

           (a)           authority under this subsection may be general or specific, and

           (b)           a reference in section 47(1) or subsection (1) above to a belief of the chief

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executive officer includes a reference to a belief of a person authorised

under this subsection.

 

 

Anti-social Behaviour Bill
Part 7 — The environment

    40

 

     (3)    In section 47 and this section—

                    “chief executive officer” of an authority means the head of the paid service

of the authority designated under section 4 of the Local Government

and Housing Act 1989 (c. 42),

                    “environmental health officer” of an authority means an officer

5

authorised by the authority for the purpose of exercising a statutory

function in relation to pollution of the environment or harm to human

health,

                    “licensing authority” has the same meaning as in the Licensing Act 2003,

                    “manager” in relation to premises means—

10

                  (a)                 a person who holds a premises licence in respect of the

premises,

                  (b)                 a designated premises supervisor under a premises licence in

respect of the premises,

                  (c)                 the premises user in relation to a temporary event notice which

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has effect in respect of the premises, and

                  (d)                 any other person who works at the premises in a capacity (paid

or unpaid) which enables him to close them,

                    “premises licence” has the same meaning as in the Licensing Act 2003,

                    “relevant local authority” in relation to premises means an authority

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which has statutory functions, for the area in which the premises are

situated, in relation to minimising or preventing the risk of pollution of

the environment or of harm to human health, and

                    “temporary event notice” has the same meaning as in the Licensing Act

2003 (and is to be treated as having effect in accordance with section

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170(6) of that Act).

 49    Dealing with noise at night

     (1)    The Noise Act 1996 (c. 37) is amended as follows.

     (2)    For section 1 (sections 2 to 9 only apply to area of local authority if authority

have so resolved or an order by Secretary of State so provides) substitute—

30

       “1            Application of sections 2 to 9

Sections 2 to 9 apply to the area of every local authority in England and

Wales.”

     (3)    For section 2(1) (local authority under duty to investigate complaint of noise

from dwelling at night) substitute—

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           “(1)              A local authority in England and Wales may, if they receive a complaint

of the kind mentioned in subsection (2), arrange for an officer of the

authority to take reasonable steps to investigate the complaint.”

     (4)    In section 2(7) (power of local authority to act in relation to dwelling within

area of other authority) omit the words from “and accordingly” to the end.

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     (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.

 

 

 
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