House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

103

House of Commons

Thursday 4 July 2013

Public Bill Committee

New Amendments handed in are marked thus

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

Anti-social Behaviour ,

Crime and Policing Bill

Note

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

Committee [18 June]

Stephen Phillips

Tracey Crouch

Stephen Barclay

73

Clause  81,  page  49,  line  17,  after ‘owner’, insert ‘or occupier’.

Stephen Phillips

Tracey Crouch

Stephen Barclay

74

Clause  81,  page  49,  line  26,  after ‘owner’, insert ‘or occupier’.

Stephen Phillips

Tracey Crouch

Stephen Barclay

75

Clause  82,  page  49,  line  40,  at end insert ‘or arising out of gross negligence’.

Public Bill Committee: 4 July 2013
104

Anti-social Behaviour, continued

Gloria De Piero

Mr David Hanson

Phil Wilson

116

Clause  91,  page  62,  line  2,  at end add—

‘(3)
The Secretary of State shall review one year after this section comes into force

the extent to which courts have ordered possession under the grounds inserted by

this section into the Housing Acts 1985 and 1988, and shall publish the results of

this review.’.

Tracey Crouch

10

Clause  93,  page  64,  line  1,  after ‘in’, insert ‘bullying or’.

Tracey Crouch

11

Clause  93,  page  64,  line  19,  at end insert—

‘“bullying” means behaviour capable of causing physical or mental harm to

a second person, including self-harm; or to arouse apprehension or fear

in the second person for his or her own safety or that of any other

person.’.

Gloria De Piero

Mr David Hanson

Phil Wilson

117

Clause  96,  page  67,  line  3,  at end insert—

‘(1A)
The relevant bodies must decide under subsection (1)(b) that the threshold for a

review is met where the person making the complaint has notified any of the

relevant bodies that he or she has been a victim of anti-social behaviour or is

vulnerable due to ill health, mental capacity, race, sexuality or religion.’.

Richard Fuller

Stephen Phillips

Tracey Crouch

Stephen Barclay

37

Clause  98,  page  70,  leave out line 3 and insert—

‘(ii)
for “injures any person” there is substituted “injures or kills any

person or assistance dog”.’.

Tracey Crouch

39

Clause  98,  page  70,  line  3,  after ‘dog’, insert ‘or protected animal’.

Public Bill Committee: 4 July 2013
105

Anti-social Behaviour, continued

Mr David Hanson

Gloria De Piero

Phil Wilson

Julie Hilling

Huw Irranca-Davies

Luciana Berger

43

Clause  98,  page  70,  line  23,  at end insert—

‘(1C)
For the purposes of section 3, a Court must consider all the circumstances, and in

particular if the owner, and if different, the person for the time being in charge of

the dog at the time of the incident, took reasonable steps to prevent the dog being

dangerously out of control in any place.’.

Paul Maynard

122


Clause  98,  page  70,  line  23,  at end insert—

‘(1C)
Where—

(a)
part of the building is a dwelling where D dwells, and

(b)
the building also contains other dwellings,


the internal areas accessible to residents as means to access their dwellings are not

treated for the purposes of subsection (1B) as a part of a building that is a

dwelling.

(1D)
Where—

(a)
part of a building is a dwelling where D dwells, and

(b)
use of another part of the building is designated within classes A and B

of the Town and Country Planning (Use Classes) Order 1987 or any

replacement currently in force,


the designated part is not treated for the purposes of subsection (1B) as a part of

the building that is a dwelling.

(1E)
In the case of service providers, entry of less than—

(a)
an arm, or

(b)
a leg,


into a building or part of a building will not constitute entry for the purposes of

subsection (1B).’.

Richard Fuller

Stephen Phillips

Tracey Crouch

Stephen Barclay

38

Clause  98,  page  70,  line  28,  at end insert—

‘(iii)
for “two years” there is substituted “life imprisonment”.’.

Mr David Hanson

Gloria De Piero

Phil Wilson

120


Clause  98,  page  70,  line  28,  at end insert—

‘(e)
after subsection (4) there is inserted—

“(5)
Whether the aggravated form of the offence comprises an attack

on a person or on an assistance dog they will be treated, for

sentencing purposes, in the same way.”.’.

Public Bill Committee: 4 July 2013
106

Anti-social Behaviour, continued

Paul Maynard

123


Clause  98,  page  70,  leave out lines 43 to 46 and insert—

‘(a)
in subsection (2)—

(i)
after the definition of “advertisement” there is inserted

“assistance dog” has the meaning given by section 173(1) of the

Equality Act 2010;”; and

(ii)
after the definition of “public place” there is inserted ““service

providers” includes authorised representatives of a utility

company of which D is a customer, post delivery bodies, persons

providing government or other public services and health care

providers.”;’.

Mr David Hanson

Gloria De Piero

Phil Wilson

121


Clause  98,  page  70,  leave out lines 45 and 46 and insert—

““assistance dog” is a dog which has been trained to provide assistance to a

disabled person by a designated assistance dog training organisation. A

designated assistance dog training organisation is one which has been

prescribed by the Secretary of State as such.’.

Tracey Crouch

40

Clause  98,  page  70,  line  46,  at end insert ‘”protected animal” has the meaning

given by section 2 of the Animal Welfare Act (2006).’.

Tracey Crouch

41

Clause  98,  page  71,  line  1,  at end insert ‘or protected animal.’.

Tracey Crouch

42

Clause  98,  page  71,  line  2,  at end insert ‘or protected animal.’.

Mr David Hanson

Gloria De Piero

Phil Wilson

76

Clause  99,  page  71,  line  18,  leave out ‘may’ and insert ‘must’.

Mr David Hanson

Gloria De Piero

Phil Wilson

77

Clause  99,  page  71,  line  33,  leave out ‘may’ and insert ‘must’.

Public Bill Committee: 4 July 2013
107

Anti-social Behaviour, continued

Bridget Phillipson

Mrs Emma Lewell-Buck

Simon Danczuk

Sarah Champion

Gloria De Piero

Phil Wilson

Mr David Hanson

118

Clause  103,  page  75,  line  15,  at end add—

‘(8)
It shall be a duty on the Secretary of State to prepare and publish guidance about

the effect of this section before it comes into force to such descriptions of persons

as the Secretary of State considers appropriate.

(9)
A person exercising public functions to whom guidance is given under this

section must have regard to it in the exercise of those functions.’.

Paul Maynard

53

Clause  104,  page  75,  line  27,  at end add—

‘(2A)
A person commits an offence if he or she—

(a)
causes a person to enter into a marriage who lacks capacity, as

determined by the Mental Capacity Act 2005,

(b)
uses violence, threats or any other form of coercion, or practises any form

of deception for the purposes of causing another person to enter into a

marriage, and believes, or should reasonably believe, that such conduct

may diminish the other person’s capacity to make decisions, to the extent

that they no longer have capacity to consent to the marriage.’.

Bridget Phillipson

Mrs Emma Lewell-Buck

Simon Danczuk

Sarah Champion

Gloria De Piero

Phil Wilson

Mr David Hanson

119

Clause  104,  page  76,  line  8,  at end add—

‘(9)
It shall be a duty on the Secretary of State to prepare and publish guidance about

the effect of this section before it comes into force to such descriptions of persons

as the Secretary of State considers appropriate.

(10)
A person exercising public functions to whom guidance is given under this

section must have regard to it in the exercise of those functions.’.

Public Bill Committee: 4 July 2013
108

Anti-social Behaviour, continued

Mr David Hanson

Gloria De Piero

Phil Wilson

2

Clause  105,  page  76,  line  21,  leave out from ‘so’ to end of line 22.

Mr David Hanson

Gloria De Piero

Phil Wilson

3

Clause  105,  page  77,  line  13,  leave out from ‘so’ to end of line 14.

Mr David Hanson

Gloria De Piero

Phil Wilson

4

Clause  105,  page  77,  line  31,  leave out from ‘so’ to end of line 32.

Mr David Hanson

Gloria De Piero

Phil Wilson

47

Clause  107,  page  78,  line  22,  leave out from‘officer’ to end of line 24.

Mr David Hanson

Gloria De Piero

Phil Wilson

59

Clause  107,  page  78,  line  29,  at end insert—

‘(c)
the scope of use by police forces of civilian and contracted staff.’.

Mr David Hanson

Gloria De Piero

Phil Wilson

60

Clause  113,  page  80,  line  33,  leave out ‘five’ and insert ‘four’.

Mr David Hanson

Gloria De Piero

Phil Wilson

61

Clause  113,  page  80,  line  33,  at end insert ‘and one member appointed by the

Department of Justice in Northern Ireland.’.

Public Bill Committee: 4 July 2013
109

Anti-social Behaviour, continued

Mr David Hanson

Gloria De Piero

Phil Wilson

62

Clause  113,  page  81,  line  4,  leave out from ‘(4)’ to end line of 6, and insert ‘may

not be made unless a draft of the instrument has been laid before both Houses of

Parliament and approved by a resolution of each House.’.

Mr Jeremy Browne

98

Clause  116,  page  85,  line  39,  after ‘Part’ insert ‘and of any regulations made under

this Part’.

Mr Jeremy Browne

99

Clause  116,  page  85,  line  44,  after ‘Part’ insert ‘, and to any regulations made under

this Part,’.

Mr Jeremy Browne

100

Clause  118,  page  86,  leave out lines 35 to 37.

Mr Jeremy Browne

101

Clause  118,  page  86,  line  39,  leave out ‘that Act’ and insert ‘the Regulation of

Investigatory Powers Act 2000’.

Mr Jeremy Browne

102

Clause  118,  page  86,  line  39,  at end insert—

‘( )
to provide information that was provided to the person by, or by an

agency of, the Government of a country or territory outside the United

Kingdom where that Government does not consent to the disclosure of

the information.’.

Mr Jeremy Browne

103

Clause  118,  page  86,  line  39,  at end insert—

    ‘( )
Neither must an information notice require a postal or telecommunications

operator (within the meaning of Chapter 2 of Part 1 of the Regulation of

Investigatory Powers Act 2000) to provide communications data (within the

meaning of that Chapter).’.

Mr Jeremy Browne

104

Clause  118,  page  87,  line  30,  leave out from beginning to line 4 on page 88 and

insert—



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