|
|
| |
| |
|
| |
| |
| New Amendments handed in are marked thus  |
|
| Amendments which will comply with the required notice period at their next appearance
|
|
| Protection of Freedoms Bill
|
|
| |
| | The Amendments have been arranged in accordance with the Order of the |
|
| | |
| |
| |
| | |
| 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’. |
|
| |
| | |
| Clause 54, page 37, line 27, at end insert— |
|
| | ‘(c) | the vehicle is not registered in Great Britain or Northern Ireland.’. |
|
| |
| | |
| Clause 54, page 37, line 30, after ‘liable’, insert ‘to prosecution by the police and’. |
|
| |
| |
| | |
| Page 38, line 24, leave out Clause 56. |
|
| |
| | |
| Clause 56, page 38, line 25, at beginning insert ‘(1)’. |
|
|
|
| |
| |
|
| |
| | |
| 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 |
|
| | |
| | (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 |
|
| | |
| | (6) | The grounds may include in particular— |
|
| | (a) | a contravention of a code of practice issued by an Accredited Trade |
|
| | |
| | (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 |
|
| | |
| | (b) | a body established appointed by the Secretary of State under the |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (i) | as to the effect and enforcement of a decision of the person to whom an |
|
| | |
| | (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. |
|
|
|
| |
| |
|
| | (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.’. |
|
| |
| |
| | |
| Page 106, line 23, leave out Schedule 4. |
|
| |
| |
| | |
|
| 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.’. |
|
| |
| | |
|
| 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.’. |
|
| |
| |
| | |
|
| 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 |
|
| | |
| |
| |
| | |
| 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)’. |
|
| |
| | |
| Clause 60, page 40, line 7, at end insert— |
|
|
|
| |
| |
|
| | ‘“Powers to stop and search in specified locations’. |
|
| |
| | |
| Clause 60, page 40, line 8, leave out ‘“43B’ and insert ‘47A’. |
|
| |
| |
| | |
| Clause 61, page 41, line 12, leave out ‘43B’ and insert ‘47A’. |
|
| |
| | |
| 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’. |
|
| | |
| |
| |
| | |
|
| 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 |
|
| |
| |
| |
| | |
|
| 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),’. |
|
| |
| | |
|
| 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’. |
|
| |
| | |
|
| Clause 63, page 43, leave out lines 20 to 23. |
|
|
|
| |
| |
|
| |
| | |
|
| 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’. |
|
| |
| | |
|
| Clause 63, page 43, line 33, leave out ‘or’. |
|
| |
| | |
|
| Clause 63, page 43, line 34, after ‘child’, insert ‘, who is in need of it by reason of |
|
| age, illness or disability,’. |
|
| |
| | |
|
| 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 |
|
| | |
| | (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 |
|
| | |
| | (iii) | does not fall within paragraph (c)’. |
|
| |
| | |
|
| 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.’. |
|
| |
| |
| |
| |
| | |
|
| 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 |
|
| | |
| | (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).”.’. |
|
|
|
| |
| |
|
| |
| |
| |
| |
| | |
|
| Clause 63, page 44, line 23, leave out ‘day to day’ and insert ‘close and constant’. |
|
| |
| |
| |
| |
| | |
|
| Clause 63, page 44, line 23, leave out ‘day to day’ and insert ‘regular and direct’. |
|
| |
| |
| |
| |
| | |
|
| Clause 63, page 44, line 23, leave out ‘day to day’ and insert ‘close’. |
|
| |
| |
| |
| |
| | |
|
| Clause 63, page 44, line 23, leave out ‘day to day’. |
|
| |
| |
| |
| |
| | |
|
| Clause 63, page 44, line 28, leave out ‘day to day’. |
|
| |
| | |
|
| Clause 63, page 45, line 11, before second ‘(9C)’ insert ‘(9A),’. |
|
| |
| | |
|
| Clause 63, page 45, line 18, after ‘(2B)(b)’, insert ‘above’. |
|
| |
| |
| |
| |
| | |
|
| Clause 63, page 45, leave out lines 19 to 24. |
|
|
|
| |
| |
|
| |
| |
| |
| |
| | |
|
| Clause 63, page 45, line 28, leave out ‘day to day’ and insert ‘close and constant’. |
|
| |
| |
| |
| |
| | |
|
| Clause 63, page 45, line 28, leave out ‘day to day’ and insert ‘regular and direct’. |
|
| |
| |
| |
| |
| | |
|
| Clause 63, page 45, line 28, leave out ‘day to day’ and insert ‘close’. |
|
| |
| |
| |
| |
| | |
|
| Clause 63, page 45, line 38, leave out ‘day to day’ and insert ‘close and constant’. |
|
| |
| |
| |
| |
| | |
|
| Clause 63, page 45, line 38, leave out ‘day to day’ and insert ‘regular and direct’. |
|
| |
| |
| |
| |
| | |
|
| Clause 63, page 45, line 38, leave out ‘day to day’ and insert ‘close’. |
|
| |
| |
| |
| |
| | |
|
| Clause 63, page 44, line 38, leave out ‘day to day’. |
|
|