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Session 2010 - 12
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Other Bills before Parliament


 
 

35

 
 

(b)    

if not made at the same time as the entry relating to receipt

 

of the scrap metal, must identify the metal by reference to

 

that entry.”

 

(7)    

In subsection (5), after “this section and” insert “the book and anything

 

required by subsection (4A)(a) to be kept with it”.

 

(8)    

Section 3 (special provisions as to records in certain cases) is amended as

 

follows.

 

(9)    

In subsection (5)(d), for “subsection (4)” substitute “subsections (4) and

 

(4D)(a)”.

 

(10)    

In subsection (6)(a)—

 

(a)    

after “books” insert “, and the obligation imposed by subsection

 

(4A)(a) of that section to keep anything with a book,”;

 

(b)    

after “the like particulars” insert “, and to keeping the same things,”;

 

(c)    

for “and (3)” substitute “, (3) and (4A) to (4D)”.

 

(11)    

In subsection (6)(c), for “subsection (4)” substitute “subsections (4) and

 

(4D)(a)”.

 

(12)    

In section 4(1) (power for court to impose additional requirements on

 

convicted dealers)—

 

(a)    

omit “or” at the end of paragraph (a), and

 

(b)    

after that paragraph insert—

 

“(aa)    

is convicted of an offence under section 3A, or”.

 

(13)    

Section 6 (rights of entry and inspection) is amended as follows.

 

(14)    

After subsection (3) insert—

 

“(3A)    

Whether or not a place is one to which a constable has a right of

 

entry in accordance with subsection (1), a justice of the peace may

 

issue a warrant described in subsection (3B) if satisfied by

 

information on oath that there are reasonable grounds for believing

 

that the place—

 

(a)    

is a scrap metal store where scrap metal paid for contrary to

 

section 3A is or has been received or kept, or

 

(b)    

is a place to which admission is reasonably required in

 

order to ascertain whether that section is being complied

 

with.

 

(3B)    

The warrant is a warrant signed by the justice issuing it which

 

specifies the place concerned and authorises a constable to enter the

 

place, if need be by force, at any time within one month from the

 

date of the warrant.

 

(3C)    

A constable authorised to enter a place by a warrant granted under

 

subsection (3A) has a right—

 

(a)    

to inspect that place;

 

(b)    

to require production of, and to inspect, any scrap metal

 

kept at that place;

 

(c)    

to require production of and to inspect any book which the

 

dealer is required by this Act to keep at that place and any

 

copy or receipt required to be kept with the book, or, as the

 

case may be, any receipt which the dealer is required to keep


 
 

36

 
 

as mentioned in section 3(1)(b), and to take copies of the

 

book, copy or receipt;

 

(d)    

to require production of and to inspect any other record

 

kept at that place relating to payment for scrap metal, and to

 

take copies of the record.”

 

(15)    

In subsection (4) for “the last preceding subsection” substitute “subsection

 

(3) or (3A)”.”

158

Insert the following new Clause—

 

“Review of offence of buying scrap metal for cash etc

 

(1)    

Before the end of 5 years beginning with the day on which section (Offence

 

of buying scrap metal for cash etc)(2) comes into force, the Secretary of State

 

must—

 

(a)    

carry out a review of the offence created by that subsection, and

 

(b)    

publish a report of the conclusions of the review.

 

(2)    

The report must in particular—

 

(a)    

set out the objectives intended to be achieved by creating the

 

offence,

 

(b)    

assess the extent to which those objectives have been achieved, and

 

(c)    

assess whether it is appropriate to retain the offence to achieve

 

those objectives.”

Clause 131

159

Page 112, line 29, at end insert—

 

“(6)    

Paragraph 27 of Schedule 27 to the Criminal Justice and Immigration Act

 

2008 (which provides for section 76 of that Act to apply whenever the

 

alleged offence took place, but not in relation to certain proceedings if they

 

began, or the arraignment took place, before that section comes into force)

 

applies to any amendment made by this section to section 76 of that Act as

 

it applies to that section, but as if references to the date on which that

 

section comes into force were references to the date on which the

 

amendment comes into force.”

Clause 132

160

Page 113, line 12, at beginning insert “this Act or”

Clause 134

161

Page 113, line 23, leave out “subsection (2)” and insert “subsections (2) and (2A)”

162

Page 113, line 24, leave out subsection (2) and insert—

 

“(2)    

The following provisions come into force on the day on which this Act is

 

passed—

 

(a)    

section (Piloting of alcohol abstinence and monitoring requirements),

 

(b)    

section 110, and

 

(c)    

this Part.”

163

Page 113, line 24, at end insert—


 
 

37

 
 

“(2A)    

This section does not apply to section (Alcohol abstinence and monitoring

 

requirement) (but see section (Piloting of alcohol abstinence and monitoring

 

requirements)).”

Clause 135

164

Page 113, line 32, leave out subsections (1) and (2) and insert—

 

“(1)    

Parts 1 to 3 of this Act extend to England and Wales only, subject to

 

subsections (2) to (8).

 

(2)    

Sections 119 and 120(1) extend to England and Wales and Scotland.”

165

Page 113, line 41, at end insert—

 

“(3A)    

Section (Piloting of alcohol abstinence and monitoring requirements) extends to

 

England and Wales, Scotland and Northern Ireland, subject to subsection

 

(10).”

166

Page 114, line 1, leave out subsections (4) to (6) and insert—

 

“(4)    

In Chapter 7A of Part 3—

 

(a)    

section (Establishment or alteration of rehabilitation periods) extends to

 

England and Wales only,

 

(b)    

sections (No rehabilitation for certain immigration or nationality

 

purposes) and (Transitional and consequential provision: Chapter 7A)

 

extend to England and Wales, Scotland and Northern Ireland,

 

(c)    

paragraphs 1 to 11 of Schedule (Rehabilitation of offenders:

 

consequential provision) extend to England and Wales only,

 

(d)    

paragraphs 12 to 17 of that Schedule extend to Scotland only, and

 

(e)    

Part 2 of that Schedule extends to England and Wales only.

 

(5)    

An amendment, repeal or revocation made by this Act has the same extent

 

as the relevant part of the Act or instrument amended, repealed or revoked

 

(ignoring extent by virtue of an Order in Council), subject to subsections

 

(2), (4) , (6) and (7).

 

(6)    

Subsection (5) applies to section 131(1) to (5) only so far as the provisions

 

amended extend to England and Wales or apply in relation to service

 

offences.

 

(7)    

Subsection (5) does not apply to paragraphs 15 and 18 of Schedule 7, which

 

extend to England and Wales only.

 

(8)    

The following have the same extent as the amendments, modifications,

 

enactments, instruments or provisions to which they relate—

 

(a)    

section 64(7),

 

(b)    

section 74(11) and (12),

 

(c)    

section 124(4), (5) and (7),

 

(d)    

section 131(6),

 

(e)    

Part 4 of Schedule 7 and Part 3 of Schedule 8, and

 

(f)    

Schedule 15.

 

(9)    

Sections 132, 133, 134, this section and section 137 extend to England and

 

Wales, Scotland and Northern Ireland.

 

(10)    

But, in so far as sections (Piloting of alcohol abstinence and monitoring

 

requirements), 132 and 134 confer power to make provision modifying or


 
 

38

 
 

otherwise relating to a provision of, or made under or applied by, the

 

Armed Forces Act 2006, they have the same extent as that Act (ignoring

 

extent by virtue of an Order in Council).”

Clause 136

167

Page 114, line 13, at end insert—

 

“( )    

The powers conferred by sections 177, 178 and 222 of the Extradition Act

 

2003 (powers to apply provisions to extradition to or from British overseas

 

territories and to extend to Channel Islands and Isle of Man) are exercisable

 

in relation to any amendment of that Act that is made by or under this Act.”

Schedule 1

168

Page 115, line 5, at end insert—

 

“Social welfare law

 

      (1)  

Civil legal services provided in respect of a social welfare decision

 

relating to a benefit, allowance, payment, credit or pension under—

 

(a)    

the Social Security Contributions and Benefits Act 1992;

 

(b)    

the Jobseekers Act 1995;

 

(c)    

the State Pension Credit Act 2002;

 

(d)    

the Tax Credits Act 2002;

 

(e)    

the Welfare Reform Act 2007;

 

(f)    

the Welfare Reform Act 2012; or

 

(g)    

any other enactment relating to social security.

 

      (2)  

For the purposes of sub-paragraph (1), “civil legal services” includes

 

independent advice and assistance for a review, or appeal to a first-tier

 

tribunal, of such a decision.”

169

Page 115, line 5, at end insert—

 

“Social welfare law (No. 2)

 

      (1)  

Civil legal services provided in respect of a social welfare decision

 

relating to a benefit, allowance, payment, credit or pension under—

 

(a)    

the Social Security Contributions and Benefits Act 1992;

 

(b)    

the Jobseekers Act 1995;

 

(c)    

the State Pension Credit Act 2002;

 

(d)    

the Tax Credits Act 2002;

 

(e)    

the Welfare Reform Act 2007;

 

(f)    

the Welfare Reform Act 2012; or

 

(g)    

any other enactment relating to social security.

 

      (2)  

For the purposes of sub-paragraph (1), “civil legal services” includes—

 

(a)    

independent advice or assistance for an appeal to a second-tier

 

tribunal; and

 

(b)    

independent advice, assistance and representation at a higher

 

court of such a decision.”

170

Page 115, line 5, at end insert—


 
 

39

 
 

“Clinical negligence

 

      (1)  

Civil legal services provided in relation to the obtaining of one or more

 

expert reports in clinical negligence proceedings.

 

      (2)  

In this paragraph—

 

“clinical negligence proceedings” means proceedings which

 

include a claim for damages in respect of clinical negligence;

 

“clinical negligence” means breach of a duty of care or trespass to

 

the person committed in the course of the provision of clinical or

 

medical services (including dental or nursing services);

 

“expert report” means a report by a person qualified to give expert

 

advice on all or most of the matters that are the subject of the

 

report;

 

“proceedings” includes any sort of proceedings for resolving

 

disputes (and not just proceedings in court), whether

 

commenced or contemplated.”

171

Page 115, line 5, at end insert—

 

“Children under 18

 

            

Civil legal services in relation to advice and proceedings where a child

 

is, or proposes to be, the applicant or respondent in proceedings, or

 

where the child is represented by a legal guardian, including—

 

(a)    

private family law;

 

(b)    

any benefit, allowance, payment, credit or pension under—

 

(i)    

the Social Security Contributions and Benefits Act 1992,

 

(ii)    

the Jobseekers Act 1995,

 

(iii)    

the State Pension Credit Act 2002,

 

(iv)    

the Tax Credits Act 2002,

 

(v)    

the Welfare Reform Act 2007,

 

(vi)    

the Welfare Reform Act 2012, or

 

(vii)    

any other enactment relating to social security;

 

(c)    

all areas of education law not otherwise covered in this Schedule;

 

(d)    

all areas of housing law not otherwise covered in this Schedule;

 

(e)    

all areas of debt-related disputes not otherwise covered in this

 

Schedule;

 

(f)    

all areas of immigration and asylum law not otherwise covered

 

in this Schedule;

 

(g)    

all areas of clinical negligence law not otherwise covered in this

 

Schedule;

 

(h)    

all areas of consumer law not otherwise covered in this Schedule;

 

(i)    

appeals to the Criminal Injuries Compensation Authority;

 

(j)    

civil legal services relating to a review or appeal under section 11

 

or 13 of the Tribunals, Courts and Enforcement Act 2007; and

 

(k)    

civil legal services relating to an appeal to the Supreme Court.”

172

Page 115, line 5, at end insert—


 
 

40

 
 

“Children and clinical negligence

 

    (1)  

Civil legal services provided in relation to clinical negligence in the

 

course of the provision of clinical services which took place at a time

 

when the individual was child.

 

      (2)  

In this paragraph—

 

“clinical negligence” means breach of a duty of care or trespass to

 

the person committed in the course of the provision of clinical or

 

medical services (including dental or nursing services);

 

“clinical negligence proceedings” means proceedings which

 

include a claim for damages in respect of clinical negligence;

 

“child” means a person under the age of 18.”

173

Page 115, leave out lines 25 to 27

174

Page 115, line 30, leave out “, or prescribed under,”

175

Page 116, line 3, after “to” insert “—

 

(a)    

176

Page 116, line 4, at end insert—

 

“(b)    

assessments relating to learning difficulties under sections 139A

 

and 140 of the Learning and Skills Act 2000.”

177

Page 116, line 18, after “to” insert “—

 

(a)    

178

Page 116, line 19, after “1,” insert “2,”

179

Page 116, line 19, at end insert “, and

 

(b)    

180

Page 116, line 20, leave out from beginning to “the” in line 24

181

Page 116, line 25, at end insert—

 

    “( )  

The services described in sub-paragraph (1) do not include services

 

provided in relation to clinical negligence.”

182

Page 118, line 30, at end insert—

 

“(ja)    

section 2 of the Carers and Disabled Children Act 2000 (services

 

for carers);”

183

Page 118, leave out lines 36 and 37

184

Page 119, line 2, at end insert—

 

“Facilities for disabled persons

 

6A  (1)  

Civil legal services provided in relation to grants under Part 1 of the

 

Housing Grants, Construction and Regeneration Act 1996 for the

 

provision of facilities for disabled persons.

 

            

Exclusions

 

      (2)  

Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this

 

Schedule.

 

            

Definitions


 
 

41

 
 

      (3)  

In this paragraph “disabled person” has the meaning given in section 100

 

of the Housing Grants, Construction and Regeneration Act 1996.”

185

Page 119, line 16, at end insert “or to secure the return of a related child who has

 

been unlawfully removed from the United Kingdom”

186

Page 119, line 20, at end insert—

 

“( )    

an order under section 34 of that Act for the child’s return;”

187

Page 119, line 22, at end insert—

 

  “(1A)  

Civil legal services provided to an individual in relation to the following

 

orders and applications where the individual is seeking to secure the

 

return of a related child who has been unlawfully removed to a place in

 

the United Kingdom—

 

(a)    

a prohibited steps order or specific issue order (as defined in

 

section 8(1) of the Children Act 1989);

 

(b)    

an application under section 27 of the Family Law Act 1986 for

 

registration of an order relating to the child;

 

(c)    

an order under section 33 of that Act for disclosure of the child’s

 

whereabouts;

 

(d)    

an order under section 34 of that Act for the child’s return.”

188

Page 119, line 24, leave out “Sub-paragraph (1) is” and insert “Sub-paragraphs (1)

 

and (1A) are”

189

Page 120, leave out line 11 and insert “—

 

(a)    

there has been, or is a risk of, domestic violence between A and

 

B, and

 

(b)    

A was, or is at risk of being, the victim of that domestic violence.”

190

Page 120, line 28, leave out “abuse of A by B” and insert “domestic violence”

191

Page 120, leave out lines 42 to 45

192

Page 120, line 45, at end insert—

 

““abuse” means any incident or repeated incidents of threatening

 

behaviour, violence or abuse (whether psychological, physical,

 

sexual, financial or emotional, and including acts of neglect,

 

maltreatment, exploitation or acts of omission) between adults who

 

are or have been intimate partners or family members, regardless of

 

gender or sexuality;”

193

Page 121, line 1, at end insert—

 

““domestic violence” means threatening behaviour, violence or abuse

 

(whether psychological, physical, sexual, financial or emotional)

 

between individuals who are associated with each other;”

194

Page 121, line 31, at end insert—

 

    “( )  

For the purposes of this paragraph, evidence that abuse has occurred

 

may consist of one or more of the following (without limitation)—

 

(a)    

a relevant court conviction or police caution;

 

(b)    

a relevant court order (including without notice, ex parte, interim

 

or final orders), including a non-molestation undertaking or

 

order, occupation order, forced marriage protection order or

 

other protective injunction;


 
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Revised 29 March 2012