|
|
| |
| |
|
| | “The Disclosure and Barring Service.” |
|
| | (3) | In Part 3 (other disqualifying offices) insert at the appropriate place— |
|
| | “Member of the staff of the Disclosure and Barring Service.” |
|
| | Freedom of Information Act 2000 |
|
| | 117D | In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public |
|
| | bodies and offices: general) insert at the appropriate place— |
|
| | “The Disclosure and Barring Service.”’. |
|
| |
| |
| | |
| Page 167, line 23 [Schedule 10], leave out ‘Section 10(4) and (6)(d).’. |
|
| |
| | |
| Page 167, line 28 [Schedule 10], leave out ‘21.’ and insert ‘19. |
|
|
| |
| |
| | |
| Title, line 8, leave out ‘provide for a maximum detention period of 14 days’ and insert |
|
| ‘amend the maximum detention period’. |
|
| |
| | Order of the House [1 MARCH 2011] |
|
| | That the following provisions shall apply to the Protection of Freedoms Bill— |
|
| | |
| | 1. | The Bill shall be committed to a Public Bill Committee. |
|
| | Proceedings in Public Bill Committee |
|
| | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
|
| | concluded) be brought to a conclusion on Tuesday 10 May 2011. |
|
| | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
|
| | |
| | Consideration and Third Reading |
|
| | 4. | Proceedings on consideration shall (so far as not previously concluded) be |
|
| | brought to a conclusion one hour before the moment of interruption on the |
|
| | day on which those proceedings are commenced. |
|
| | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
|
| | brought to a conclusion at the moment of interruption on that day. |
|
|
|
| |
| |
|
| | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
|
| | proceedings on consideration and Third Reading. |
|
| | |
| | 7. | Any other proceedings on the Bill (including any proceedings on |
|
| | consideration of Lords Amendments or on any further messages from the |
|
| | Lords) may be programmed. |
|
| |
| | Protection of Freedoms Bill (Programme) (No. 2) |
|
| |
| | That the Order of 1 March 2011 (Protection of Freedoms Bill (Programme)) be varied |
|
| | |
| | 1. | Paragraph 2 of the Order shall be omitted. |
|
| | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
|
| | concluded) be brought to a conclusion on Tuesday 17 May 2011. |
|
| |
| | Order of the house [10 october 2011] |
|
| |
| | That the Order of 1 March 2011 (Protection of Freedoms Bill (Programme)) be varied |
|
| | |
| | 1. | Paragraphs 4 and 5 are omitted. |
|
| | 2. | Proceedings on consideration and Third Reading shall be concluded in two |
|
| | |
| | 3. | Proceedings on consideration shall be taken on eah of those days as shown in |
|
| | the following Table and in the order so shown. |
|
| | 4. | Each part of the proceedings shall (so far as not previously concluded) be |
|
| | brought to a conclusion at the time specified in relation to it in the second |
|
| | |
| | |
| | | | | | Time for conclusion of proceedings |
| | | | New Clauses and New Schedules |
| | | | | relating to, and amendments to, |
| | | | | | | | | | New Clauses and New Schedules |
| | | | | relating to, and amendments to, |
| | | | | | | | |
|
|
|
| |
| |
|
| | | | | | Time for conclusion of proceedings |
| | | | New Clauses and New Schedules |
| | | | | relating to, and amendments to, |
| | | | | | | | | | New Clauses and New Schedules |
| | | | | relating to, and amendments to, Part |
| | | | | | | | | | New Clauses and New Schedules |
| | | | | relating to, and amendments to, Part |
| | | | | 4, Chapter 2 of Part 1, Chapter 2 of |
| | | | | Part 2, Chapter 1 of Part 3, and Part |
| | | | | 6; remaining New Clauses; |
| | | | | | | | | | | | | | | | | | | | | | | |
|
| |
| | |
| | The following Notices have been withdrawn: |
|
| | Freedom of protest on quasi-public land |
|
| |
| | |
| 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 |
|
| | group enters with the express or implied permission of the owner or occupier of |
|
| | |
| | (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 |
|
| |
| | |
| 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 |
|
| |
| | |
| 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 |
|
| | |
| | (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. |
|
| | (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 |
|
| |
| | |
| 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 |
|
| | |
| | (a) | make any substitution, variation, or revocation of any of the conditions |
|
| | |
|
|
| |
| |
|
| | (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 |
|
| | |
| | (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 |
|
| |
| | |
| 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. |
|
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (6) | A person who incites another to commit an offence under subsection (5) is guilty |
|
| | |
| | (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 |
|
| |
| | |
| 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. |
|
| | (3) | Subsection (1) does not apply in the City of London or the Metropolitan Police |
|
| | |
| | (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 |
|
| | |
| | (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.’. |
|
| | |
| |
| | |
| To move the following Clause:— |
|
| | |
| | “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 |
|
| | |
| | “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.’. |
|
| |
|