Session 2010 - 12
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Notices of Amendments: 6 October 2011                  

3387

 

Protection of Freedoms Bill, continued

 
 

11B    

Power to charge fees in relation to release of datasets for re-use

 

(1)    

The Secretary of State may, with the consent of the Treasury, make provision by

 

regulations about the charging of fees by public authorities in connection with

 

making relevant copyright works available for re-use under section 11A(2) or by

 

virtue of section 19(2A)(c).

 

(2)    

Regulations under this section may, in particular—

 

(a)    

prescribe cases in which fees may, or may not, be charged,

 

(b)    

prescribe the amount of any fee payable or provide for any such amount

 

to be determined in such manner as may be prescribed,

 

(c)    

prescribe, or otherwise provide for, times at which fees, or parts of fees,

 

are payable,

 

(d)    

require the provision of information about the manner in which amounts

 

of fees are determined,

 

(e)    

make different provision for different purposes.

 

(3)    

Regulations under this section may, in prescribing the amount of any fee payable

 

or providing for any such amount to be determined in such manner as may be

 

prescribed, provide for a reasonable return on investment.

 

(4)    

In this section “relevant copyright work” has the meaning given by section

 

11A(3).”’.

 

Secretary Theresa May

 

28

 

Page  79,  line  40  [Clause  98],  at end insert—

 

‘(2B)    

The public authority may exercise any power that it has by virtue of regulations

 

under section 11B to charge a fee in connection with making the relevant

 

copyright work available for re-use in accordance with a requirement imposed by

 

virtue of subsection (2A)(c).

 

(2C)    

Nothing in this section or section 11B prevents a public authority which is subject

 

to such a requirement from exercising any power that it has by or under an

 

enactment other than this Act to charge a fee in connection with making the

 

relevant copyright work available for re-use.

 

(2D)    

Where a public authority intends to charge a fee (whether in accordance with

 

regulations under section 11B or as mentioned in subsection (2C)) in connection

 

with making a relevant copyright work available for re-use by an applicant, the

 

authority must give the applicant a notice in writing (in this section referred to as

 

a “re-use fee notice”) stating that a fee of an amount specified in, or determined

 

in accordance with, the notice is to be charged by the authority in connection with

 

complying with the requirement imposed by virtue of subsection (2A)(c).

 

(2E)    

Where a re-use fee notice has been given to the applicant, the public authority is

 

not obliged to comply with the requirement imposed by virtue of subsection

 

(2A)(c) while any part of the fee which is required to be paid is unpaid.

 

(2F)    

Where a public authority intends to charge a fee as mentioned in subsection (2C),

 

the re-use fee notice may be combined with any other notice which is to be given

 

under the power which enables the fee to be charged.’.

 


 



 
 

Notices of Amendments: 6 October 2011                  

3388

 

Protection of Freedoms Bill, continued

 
 

REMAINING NEW CLAUSES

 

Causing harassment, alarm and distress: restriction of scope

 

Mr Edward Leigh

 

Mr Tom Watson

 

Sir Alan Beith

 

Mr David Davis

 

Kate Hoey

 

Tim Farron

 

Total signatories: 66

 

Mr Peter Lilley

 

James Wharton

 

Mr Richard Shepherd

 

John Glen

 

Fiona Bruce

 

Mr Philip Hollobone

 

Steve Baker

 

Sammy Wilson

 

Mr Roger Gale

 

Mr Roger Godsiff

 

Nadine Dorries

 

Sir Menzies Campbell

 

Mr Dominic Raab

 

Sir Peter Bottomley

 

Graham Stringer

 

Mr Charles Kennedy

 

Frank Dobson

 

Caroline Lucas

 

Mark Durkan

 

Mr Frank Doran

 

Tom Brake

 

Mr Brian Binley

 

Mr David Amess

 

Ben Gummer

 

Tristram Hunt

 

Kelvin Hopkins

 

Mr Nigel Dodds

 

Mr David Nuttall

 

Gordon Henderson

 

Jesse Norman

 

Mr Peter Bone

 

Mr Adrian Sanders

 

Dr Julian Huppert

 

Dr William McCrea

 

Ian Paisley

 

Mr Gregory Campbell

 

Mr Joe Benton

 

Jeremy Lefroy

 

Mr John Whittingdale

 

Mr Jeffrey M. Donaldson

 

Natascha Engel

 

Simon Hart

 

Mr Douglas Carswell

 

Stephen Lloyd

 

John Thurso

 

Penny Mordaunt

 

Rosie Cooper

 

Mr Martin Vickers

 

Mark Pritchard

 

Mr James Clappison

 

John Hemming

 

Mr Andrew Turner

 

Mr Frank Field

 

Mrs Anne Main

 

Fabian Hamilton

 

John Thurso

 

Naomi Long

 

NC1

 

To move the following Clause:—

 

‘(1)    

The Public Order Act 1986 (c. 64) is amended as follows.

 

(2)    

In section 5(1)(a) and (b) for “abusive or insulting” substitute “or abusive” in each

 

case.’.

 


 

Freedom of protest on quasi-public land

 

Tom Watson

 

NC2

 

To move the following Clause:—

 

‘(1)    

Any individual or group may—

 

(a)    

demonstrate support for or opposition to the views or actions of any

 

person or body of persons,

 

(b)    

publicise a cause or campaign, or

 

(c)    

mark or commemorate an event,

 

    

on quasi-public land in a reasonable manner, whether in a procession, or as part

 

of an assembly, or as an individual stand, and whether or not the individual or


 
 

Notices of Amendments: 6 October 2011                  

3389

 

Protection of Freedoms Bill, continued

 
 

group enters with the express or implied permission of the owner or occupier of

 

the land.

 

(2)    

The right conferred by subsection (1) above cannot be excluded by the owner or

 

occupier of the land by any means.’.

 


 

Advance notice of processions, assemblies, or stands

 

Tom Watson

 

NC3

 

To move the following Clause:—

 

‘(1)    

Written notice shall be given in accordance with this section of any proposal to

 

hold a procession, assembly, or stand under the Clause [Freedom of protest on

 

quasi-public land], unless it is not reasonably practicable to give advance notice

 

of the procession, assembly or stand.

 

(2)    

The notice must specify the date when it is intended to hold the procession,

 

assembly, or stand, the time when it is intended to start, its proposed route (as the

 

case may be) location, and the name and address of the person (or one of the

 

persons) proposing to organise it.

 

(3)    

Notice must be delivered to each of the owners or occupiers of the land whose

 

location is specified in the notice.

 

(4)    

If delivered not less than 6 clear days before the date when the procession,

 

assembly, or stand is intended to be held, the notice may be delivered by post by

 

the recorded delivery service; but Section 7 of the Interpretation Act 1978 (under

 

which a document sent by post is deemed to have been served when posted and

 

to have been delivered in the ordinary course of post) does not apply.

 

(5)    

If not delivered in acccordance with subsection (4), the notice must be delivered

 

by hand not less than 6 clear days before the date when the procession, assembly,

 

or stand is intended to be held or, if that date is not reasonably practicable, as soon

 

as delivery is reasonably practicable.’.

 


 

Imposing conditions on processions, assemblies, or stands

 

Tom Watson

 

NC4

 

To move the following Clause:—

 

‘(1)    

The owner or occupier of the land specified in the notice may impose such

 

conditions as to the holding of the procession, assembly, or stand, or, where it is

 

already taking place, give such directions as to the holding of the procession,

 

assembly, or stand as are reasonable having regard to all the circumstances of the

 

case.

 

(2)    

A condition imposed or direction given in accordance with subsection (1) may,

 

but need not, include conditions or directions as to the time, maximum duration,

 

manner, route or location of the procession, assembly, or stand, or as to the

 

maximum number of participants of a procession or assembly.


 
 

Notices of Amendments: 6 October 2011                  

3390

 

Protection of Freedoms Bill, continued

 
 

(3)    

A direction or condition given in accordance with subsection (1) above shall,

 

where reasonably practicable, be given in writing.’.

 


 

Referral of disputes to chief officer of police

 

Tom Watson

 

NC5

 

To move the following Clause:—

 

‘(1)    

An organiser of a procession, assembly, or stand who believes that one or more

 

of the conditions imposed under subsection (1) of the Clause [Imposing

 

conditions on processions, or assemblies, or stands] is unreasonable may apply

 

to the chief officer of police of the district in which the land is situated for a

 

modification of the proposed conditions.

 

(2)    

On receiving an application pursuant to subsection (1) above, the chief officer of

 

police may—

 

(a)    

make any substitution, variation, or revocation of any of the conditions

 

complained of; and

 

(b)    

add any new condition as appears to him to be reasonable having regard

 

to all the circumstances of the case.

 

(3)    

When more than one person is the owner or occupier of the land specified in the

 

notice and they fail to agree as to the conditions to be imposed under subsection

 

(1) of the Clause [Imposing conditions on processions, assemblies, or stands]

 

above within five days of the start of proposed procession, assembly, or stand,

 

one of them shall apply to the chief officer of police of the district in which the

 

land is situtated.

 

(4)    

On receipt of an application made pursuant to subsection (3) above, the chief

 

officer of police may impose any such conditions as appear to him to be

 

reasonable having regard to all the circumstances of the case.’.

 


 

Imposing conditions in cases of possible public disorder

 

Tom Watson

 

NC6

 

To move the following Clause:—

 

‘(1)    

If the senior police officer, having regard to all the circumstances of the

 

procession, assembly or stand, reasonably believes that—

 

(a)    

it may result in serious public disorder, serious damage to property, or

 

serious disruption to the life of the community, or

 

(b)    

the purpose of the persons organising or participating in it is the

 

intimidation of others with a view to compelling them not to do an act

 

they have a right to do, or to do an act they have a right not to do,

 

    

he may give directions imposing on the persons organising or taking part in the

 

procession, assembly, or stand such conditions as appear to him necessary to

 

prevent such disorder, damage, disruption or intimidation.


 
 

Notices of Amendments: 6 October 2011                  

3391

 

Protection of Freedoms Bill, continued

 
 

(2)    

In subsection (1), “the senior police officer” means—

 

(a)    

in relation to a procession, assembly, or stand being held, or to a

 

procession or assembly intended to be held in a case where persons are

 

assembling with a view to taking part in it, the most senior rank of the

 

police officers present at the scene, and

 

(b)    

in relation to a procession, assembly, or stand intended to be held in a

 

case where paragraph (a) does not apply, the chief officer of police.

 

(3)    

A direction given by a chief officer of police by virtue of subsection (2) shall be

 

given in writing.

 

(4)    

A person who organises a procession, assembly, or stand and knowingly fails to

 

comply with a condition imposed under this section is guilty of an offence, but it

 

is a defence for him to prove that the failure arose from circumstances beyond his

 

control.

 

(5)    

A person who takes part in a procession, assembly, or stand and knowingly fails

 

to comply with a condition imposed under this section is guilty of an offence, but

 

it is a defence for him to prove that the failure arose from circumstances beyond

 

his control.

 

(6)    

A person who incites another to commit an offence under subsection (5) is guilty

 

of an offence.

 

(7)    

A person who is guilty of an offence under subsection (4) is liable on summary

 

conviction to imprisonment for a term not exceeding 3 months or a fine not

 

exceeding level 4 on the standard scale or both.

 

(8)    

A person guilty of an offence under subsection (5) is liable on summary

 

conviction to a fine not exceeding level 3 on the standard scale.

 

(9)    

A person guilty of an offence under subsection (6) is liable on summary

 

conviction to imprisonment for a term not exceeding 3 months or a fine not

 

exceeding level 4 on the standard scale or both, notwithstanding section 45(3) of

 

the Magistrates’ Courts Act 1980 (inciter liable to same penalty as incited).

 

(10)    

In Scotland this section applies only in relation to a procession or assembly being

 

held, and to a procession or assembly intended to be held in a case where persons

 

are assembling with a view to taking part in it.’.

 


 

Prohibiting processions, assemblies, or stands

 

Tom Watson

 

NC7

 

To move the following Clause:—

 

‘(1)    

If at any time the chief officer of police reasonably believes that, because of

 

particular circumstances existing in any district or part of a district, the powers in

 

Clause [Imposing conditions in cases of possible public disorder] will not be

 

sufficient to prevent the holding of a procession, assembly, or stand in that district

 

or part from resulting in serious public disorder, he shall apply to the council of

 

the district for an order prohibiting for such period not exceeding 3 months as

 

may be specified in the application the holding of all processions, assemblies, or

 

stands (or of any class of procession, assembly, or stand so specified) in the

 

district or part concerned.

 

(2)    

On receiving such an application, a council may with the consent of the Secretary

 

of State make an order either in the terms of the application or with such

 

modifications as may be approved by the Secretary of State.


 
 

Notices of Amendments: 6 October 2011                  

3392

 

Protection of Freedoms Bill, continued

 
 

(3)    

Subsection (1) does not apply in the City of London or the Metropolitan Police

 

district.

 

(4)    

If at any time the Commissioner of Police for the City of London or the

 

Commissioner of Police of the Metropolis reasonably believes that, because of

 

particular circumstances existing in his police area or part of it, the powers in

 

Clause [Imposing conditions in cases of possible public disorder] will not be

 

sufficient to prevent the holding of processions, assemblies, or stands in that area

 

or part from resulting in serious public disorder, he may with the consent of the

 

Secretary of State make an order prohibiting for such period not exceeding 3

 

months as may be specified in the order the holding of all processions,

 

assemblies, or stands (or of any class of procession, assembly, or stand so

 

specified) in the area or part concerned.

 

(5)    

An order made under this section may be revoked or varied by a subsequent order

 

made in the same way, that is, in accordance with subsections (1) and (2) or

 

subsection (4), as the case may be.

 

(6)    

Any order under this section shall, if not made in writing, be recorded in writing

 

as soon as practicable after being made.

 

(7)    

A person who organises a public procession, the holding of which he knows is

 

prohibited by virtue of an order under this section, is guilty of an offence.

 

(8)    

A person who takes part in a public procession, the holding of which he knows is

 

prohibited by virtue of an order under this section, is guilty of an offence.

 

(9)    

A person who incites another to commit an offence under subsection (8) is guilty

 

of an offence.

 

(10)    

A person guilty of an offence under subsection (7) is liable on summary

 

conviction to imprisonment for a term not exceeding 3 months or a fine not

 

exceeding level 4 on the standard scale or both.

 

(11)    

A person guilty of an offence under subsection (8) is liable on summary

 

conviction to a fine not exceeding level 3 on the standard scale.

 

(12)    

A person guilty of an offence under subsection (9) is liable on summary

 

conviction to imprisonment for a term not exceeding 3 months or a fine not

 

exceeding level 4 on the standard scale or both.’.

 


 

Interpretation

 

Tom Watson

 

NC8

 

To move the following Clause:—

 

‘In this part—

 

“assembly” means an assembly of 2 or more persons in a quasi-public land;

 

“the City of London” means the City as defined for the purposes of the Act

 

relating to the City of London police;

 

“the Metropolitan Police district” means that district as defined in section

 

76 of the London Government Act 1963;

 

“procession” means a procession in a quasi-public land;

 

“quasi-public land” means privately-owned land which is dedicated for

 

public use;


 
 

Notices of Amendments: 6 October 2011                  

3393

 

Protection of Freedoms Bill, continued

 
 

“stand” means an individual carrying out one of the activities in subsection

 

(1)(a), (b) or (c) of Clause [Freedom of protest on quasi-public land] and

 

may be stationary or mobile.’.

 


 

Offence of aggravated trespass

 

Caroline Lucas

 

NC9

 

To move the following Clause:—

 

‘(1)    

The Criminal Justice and Public Order Act 1994 is amended as follows:

 

(2)    

Omit section 68 (Offence of aggravated trespass) and section 69 (Powers to

 

remove persons committing or participating in aggravated trespass).’.

 


 

Repealing powers preventing access to locations on the internet

 

Dr Julian Huppert

 

NC11

 

To move the following Clause:—

 

‘(1)    

The Digital Economy Act 2010 is amended as follows—

 

(2)    

Omit section 17 (Power to make provision about injunctions preventing access to

 

locations on the internet) and section 18 (Consultation and Parliamentary

 

scrutiny).’.

 


 

Information intended for for future publication: exemption for information derived from

 

reseach

 

Andrew Miller

 

NC17

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Freedom of Information Act 2000 (c.36) is amended as follows.

 

(2)    

After section 22(1) (information intended for future publication), insert—

 

“(1A)    

Information obtained in the course of, or derived from, a programme of

 

research or research project is exempt information if—

 

(a)    

the programme or project is continuing with a view to a report of

 

the research (whether or not including a statement of that

 

information) being published by—

 

(i)    

a public authority as defined by section 3 of this Act; or

 

(ii)    

any other person; and


 
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Revised 7 October 2011