House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

119

House of Commons

Thursday 28 April 2011

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Protection of Freedoms Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [22 March].

Diana Johnson

107

Clause  54,  page  37,  line  23,  after ‘apply’, insert ‘in relation to immobilisation

achieved by way of a fixed barrier at the exit to a car park’.

Diana Johnson

108

Clause  54,  page  37,  line  27,  at end insert—

‘(c)
the vehicle is not registered in Great Britain or Northern Ireland.’.

Mr Tom Watson

90

Clause  54,  page  37,  line  30,  after ‘liable’, insert ‘to prosecution by the police and’.

Mr Tom Watson

91

Page  38,  line  24,  leave out Clause 56.

Diana Johnson

105

Clause  56,  page  38,  line  25,  at beginning insert ‘(1)’.

Public Bill Committee: 28 April 2011
120

Protection of Freedoms Bill, continued

Diana Johnson

106

Clause  56,  page  38,  line  27,  at end insert—

‘(2)
Recovery of unpaid parking charges shall be subject to the right of appeal.

(3)
The Secretary of State shall by regulations make provision for the purpose

specified in subsection (4) in a case where, in England and Wales or Northern

Ireland, a person attempts to claim unpaid parking charges from the driver or

keeper of the vehicle.

(4)
The purpose referred to in subsection (3) is to entitle a person to appeal against

the parking charge which they believe has been enforced against them, either by

way of a contract relating to parking or by way of Schedule 4.

(5)
Regulations under this section shall specify the grounds on which an appeal may

be made.

(6)
The grounds may include in particular—

(a)
a contravention of a code of practice issued by an Accredited Trade

Association;

(b)
contravention of any requirement imposed by or under this Act.

(7)
Regulations under this section shall make provision for and in connection with

the person to whom an appeal may be made.

(8)
The person may in particular be—

(a)
a person exercising functions of adjudication or the hearing of appeals

under another enactment;

(b)
a body established appointed by the Secretary of State under the

regulations;

(c)
an individual appointed under the regulations by the Secretary of State or

by another person specified in the regulations.

(9)
Regulations under this section may also include provision—

(a)
as to the procedural conditions to be satisfied by a person before an

appeal may be made;

(b)
as to the payment of a fee by the appellant;

(c)
as to the procedure (including time limits) for making an appeal;

(d)
as to the minimum level of charge before an appeal may be brought;

(e)
as to the procedure for deciding an appeal;

(f)
as to the payment to the appellant by the respondent of—

(i)
the charge against which the appeal is made;

(ii)
other costs incurred by the appellant in consequence of the

activity referred to in subsection (3);

(g)
as to the payment by a party to an appeal of—

(i)
costs of the other party in relation to the adjudication;

(ii)
other costs in respect of the adjudication;

(h)
as to the payment by the respondent to an appeal, in a case where the

appeal is granted, of a charge in respect of the costs of adjudications

under the regulations;

(i)
as to the effect and enforcement of a decision of the person to whom an

appeal is made—

(i)
requiring or authorising the person to whom an appeal is made to

provide information relating to the appeal to the authority;

(ii)
to the effect that a person who makes a representation that is false

in a material particular, and does so recklessly or knowing it to

be false, commits an offence triable summarily and punishable

with a fine not exceeding level 5 on the standard scale.

Public Bill Committee: 28 April 2011
121

Protection of Freedoms Bill, continued

(10)
The provision specified in paragraphs (e), (f) and (f)(i) of subsection (9) includes

provision authorising the person to whom an appeal is made to require payment

of the matters specified in those paragraphs.’.

Mr Tom Watson

92

Page  106,  line  23,  leave out Schedule 4.

Vernon Coaker

162


Clause  57,  page  38,  line  37,  at end add—

‘(3)
The 14 days limit may be temporarily extended through the Detention of Terrorist

Suspects (Temporary Extension) Bills to 28 days in exceptional circumstances.’.

Vernon Coaker

163


Clause  57,  page  38,  line  37,  at end add—

‘(4)
A Commission will be established to develop a framework of bail conditions

suitable for some suspects after 14 days of pre-charge detention.’.

Vernon Coaker

164


Clause  58,  page  39,  line  3,  at end add—

‘(2)
An inquiry shall be established to investigate the effectiveness of the National

Policing Improvement Agency’s guidance for stop and search in relation to

terrorism.’.

James Brokenshire

109

Clause  60,  page  40,  line  6,  leave out from beginning to end of line and insert

‘Before section 48 of the Terrorism Act 2000 (and the italic cross-heading before it)’.

James Brokenshire

110

Clause  60,  page  40,  line  7,  at end insert—

Public Bill Committee: 28 April 2011
122

Protection of Freedoms Bill, continued

‘“Powers to stop and search in specified locations’.

James Brokenshire

111

Clause  60,  page  40,  line  8,  leave out ‘“43B’ and insert ‘47A’.

James Brokenshire

112

Clause  61,  page  41,  line  12,  leave out ‘43B’ and insert ‘47A’.

James Brokenshire

113

Clause  61,  page  41,  leave out line 13 and insert—

‘“Code of practice relating to sections 43, 43A and 47A

47AA
Code of practice relating to sections 43, 43A and 47A’.

Vernon Coaker

165


Clause  62,  page  42,  line  40,  at end add ‘except in removing the right for PSNI to

stop and search for unlawful munitions and wireless apparatus without reasonable

suspicion’.

Lynne Featherstone

121


Clause  63,  page  43,  line  18,  at end insert—

‘(za)
physical assistance which is given to a child who is in need of it by

reason of illness or disability and is given in connection with eating or

drinking (including the administration of parenteral nutrition),’.

Lynne Featherstone

122


Clause  63,  page  43,  line  19,  leave out ‘given to a child’ and insert ‘which is given

to a child who is in need of it by reason of age, illness or disability and is given’.

Lynne Featherstone

123


Clause  63,  page  43,  leave out lines 20 to 23.

Public Bill Committee: 28 April 2011
123

Protection of Freedoms Bill, continued

Lynne Featherstone

124


Clause  63,  page  43,  line  28,  leave out from ‘child’ to ‘where’ in line 30 and insert

‘, who is in need of it by reason of illness or disability, in relation to the performance of

the activity of eating or drinking’.

Lynne Featherstone

125


Clause  63,  page  43,  line  33,  leave out ‘or’.

Lynne Featherstone

126


Clause  63,  page  43,  line  34,  after ‘child’, insert ‘, who is in need of it by reason of

age, illness or disability,’.

Lynne Featherstone

127


Clause  63,  page  43,  line  38,  at end insert—

‘(d)
any form of training, instruction, advice or guidance which—

(i)
relates to the performance of the activity of eating or drinking,

(ii)
is given to a child who is in need of it by reason of illness or

disability, and

(iii)
does not fall within paragraph (b), or

(e)
any form of training, instruction, advice or guidance which—

(i)
relates to the performance of any of the activities listed in

paragraph (a)(iii) to (v),

(ii)
is given to a child who is in need of it by reason of age, illness

or disability, and

(iii)
does not fall within paragraph (c)’.

Lynne Featherstone

128


Clause  63,  page  44,  line  6,  at end insert—

  ‘(1D)
Any reference in this Part of this Schedule to health care provided by, or under

the direction or supervision of, a health care professional includes a reference

to first aid provided to a child by any person acting on behalf of an organisation

established for the purpose of providing first aid.’.

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

167


Clause  63,  page  44,  line  10,  leave out subsection (5) and insert—

‘(5)
After paragraph 1(2) insert—

“(2A)
Work falls within this sub-paragraph if it is any form of work, other than

any such work which—

(a)
is undertaken on a temporary or occasional basis, and

(b)
is not an activity mentioned in paragraph 2(1) disregarding

paragraph 2(3A) and (3B)(b).”.’.

Public Bill Committee: 28 April 2011
124

Protection of Freedoms Bill, continued

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

168


Clause  63,  page  44,  line  23,  leave out ‘day to day’ and insert ‘close and constant’.

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

171


Clause  63,  page  44,  line  23,  leave out ‘day to day’ and insert ‘regular and direct’.

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

174


Clause  63,  page  44,  line  23,  leave out ‘day to day’ and insert ‘close’.

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

177


Clause  63,  page  44,  line  23,  leave out ‘day to day’.

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

178


Clause  63,  page  44,  line  28,  leave out ‘day to day’.

Lynne Featherstone

129


Clause  63,  page  45,  line  11,  before second ‘(9C)’ insert ‘(9A),’.

Lynne Featherstone

130


Clause  63,  page  45,  line  18,  after ‘(2B)(b)’, insert ‘above’.

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

181


Clause  63,  page  45,  leave out lines 19 to 24.

Public Bill Committee: 28 April 2011
125

Protection of Freedoms Bill, continued

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

169


Clause  63,  page  45,  line  28,  leave out ‘day to day’ and insert ‘close and constant’.

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

172


Clause  63,  page  45,  line  28,  leave out ‘day to day’ and insert ‘regular and direct’.

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

175


Clause  63,  page  45,  line  28,  leave out ‘day to day’ and insert ‘close’.

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

170


Clause  63,  page  45,  line  38,  leave out ‘day to day’ and insert ‘close and constant’.

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

173


Clause  63,  page  45,  line  38,  leave out ‘day to day’ and insert ‘regular and direct’.

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

176


Clause  63,  page  45,  line  38,  leave out ‘day to day’ and insert ‘close’.

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

179


Clause  63,  page  44,  line  38,  leave out ‘day to day’.



© Parliamentary copyright	Revised 28 April 2011