House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 4 July 2013
110

Anti-social Behaviour, continued

‘Sensitive information: restriction on further disclosure

19ZD (1)
Where the Commission receives information within sub-paragraph (2) under

an information notice, it must not disclose (whether under section 11, 20 or 21

or otherwise) the information, or the fact that it has received it, unless the

relevant authority consents to the disclosure.

      (2)
The information is—

(a)
intelligence service information,

(b)
intercept information, or

(c)
information obtained (directly or indirectly) from a government

department which, at the time it is provided to the Commission, is

identified by the department as information the disclosure of which

may, in the opinion of the relevant authority, cause damage to—

(i)
national security or international relations, or

(ii)
the economic interests of the United Kingdom or any part of

the United Kingdom.

      (3)
Where the Commission discloses to another person information within sub-

paragraph (2), or the fact that it has received it, that person must not disclose

that information or that fact unless the relevant authority consents to the

disclosure.’.

Mr Jeremy Browne

105

Clause  118,  page  88,  line  5,  at end insert—

‘“government department” means a department of Her Majesty’s

Government but does not include—

(a)
the Security Service,

(b)
the Secret Intelligence Service, or

(c)
the Government Communications Headquarters (“GCHQ”);’.

Mr Jeremy Browne

106

Clause  118,  page  88,  line  12,  leave out ‘the Government Communications

Headquarters (“GCHQ”)’ and insert ‘GCHQ’.

Mr Jeremy Browne

107

Clause  118,  page  88,  line  19,  at end insert—

‘“Minister of the Crown” includes the Treasury;’.

Mr Jeremy Browne

108

Clause  118,  page  88,  line  34,  at end insert—

‘( )
in the case of information within sub-paragraph (2)(c)—

(i)
the Secretary of State, or

(ii)
the Minister of the Crown in charge of the government

department from which the information was obtained (if that

Minister is not a Secretary of State);’.

Public Bill Committee: 4 July 2013
111

Anti-social Behaviour, continued

Mr David Hanson

Gloria De Piero

Phil Wilson

34

Clause  123,  page  95,  line  16,  leave out ‘may’ and insert ‘shall’.

Mr David Hanson

Gloria De Piero

Phil Wilson

35

Clause  123,  page  95,  line  27,  leave out ‘may’ and insert ‘shall’.

Mr David Hanson

Gloria De Piero

Phil Wilson

36

Clause  123,  page  95,  line  29,  at end insert—

‘(3A)
The Secretary of State shall from time to time publish guidance as to the quality

standard of service expected under this section.’.

Mr Jeremy Browne

111

Schedule  6,  page  132,  line  28,  at end insert—

‘Power to make and retain copies


In Schedule 7 to the Terrorism Act 2000, after paragraph 11 there is inserted—

“Power to make and retain copies

11A(1)
This paragraph applies where the examining officer is a constable.

      (2)
The examining officer may copy anything which—

(a)
is given to the examining officer in accordance with

paragraph 5,

(b)
is searched or found on a search under paragraph 8, or

(c)
is examined under paragraph 9.

      (3)
The copy may be retained—

(a)
for so long as is necessary for the purpose of determining

whether a person falls within section 40(1)(b),

(b)
while the examining officer believes that it may be needed

for use as evidence in criminal proceedings, or

(c)
while the examining officer believes that it may be needed

in connection with a decision by the Secretary of State

whether to make a deportation order under the Immigration

Act 1971.”’.

Public Bill Committee: 4 July 2013
112

Anti-social Behaviour, continued

Mr David Hanson

Gloria De Piero

Phil Wilson

113

Clause  133,  page  103,  line  31,  leave out ‘£200’ and insert ‘£100’.

Mr David Hanson

Gloria De Piero

Phil Wilson

115

Clause  133,  page  103,  line  31,  leave out ‘£200’ and insert ‘£40’.

Mr David Hanson

Gloria De Piero

Phil Wilson

114

Clause  133,  page  103,  line  37,  at end insert—

‘(d)
the person accused has not received a Simple Caution, Conditional

Caution or Penalty Notice for Disorder for a previous shoplifting

offence.’.

New Clauses

Appointment of chief officers of police

Mr Jeremy Browne

NC9

To move the following Clause:—

‘(1)
Paragraph 2 of Schedule 8 to the Police Reform and Social Responsibility Act

2011 (appointment of chief constables) is amended as follows.

(2)
In sub-paragraph (1)(a), for “is, or has been, a constable in any part of the United

Kingdom” there is substituted “is eligible for appointment”.

(3)
After sub-paragraph (1) there is inserted—

“(1A)
A person is eligible for appointment if the person is or has been—

(a)
a constable in any part of the United Kingdom, or

(b)
a police officer in an approved overseas police force, of at

least the approved rank.

    (1B)
An “approved overseas police force” is a police force which—

(a)
is in a country or territory outside the United Kingdom

designated by the College of Policing, and

(b)
is designated in relation to that country or territory by the

College of Policing.

    (1C)
The “approved rank” for an approved overseas police force is the rank

which is designated as the approved rank for that police force by the

College of Policing.

Public Bill Committee: 4 July 2013
113

Anti-social Behaviour, continued

    (1D)
The College of Policing must make designations under sub-

paragraphs (1B) and (1C), but must not do so without the approval of

the Secretary of State.”

(4)
Section 42 of that Act (appointment of Commissioner of Police of the Metropolis)

is amended as follows.

(5)
In subsection (3), for “is, or has been, a constable in any part of the United

Kingdom” there is substituted “is eligible for appointment”.

(6)
After subsection (3) there is inserted—

“(3A)
A person is eligible for appointment if the person is or has been—

(a)
a constable in any part of the United Kingdom, or

(b)
a police officer in an approved overseas police force, of at least

the approved rank.

(3B)
An “approved overseas police force” is a police force which—

(a)
is in a country or territory outside the United Kingdom

designated by the College of Policing, and

(b)
is designated in relation to that country or territory by the College

of Policing.

(3C)
The “approved rank” for an approved overseas police force is the rank

which is designated as the approved rank for that police force by the

College of Policing.

(3D)
The College of Policing must make designations under subsections (3B)

and (3C), but must not do so without the approval of the Secretary of

State.”’.

Retention of personal samples that are or may be disclosable

Mr Jeremy Browne

NC10

To move the following Clause:—

‘(1)
In section 63U of the Police and Criminal Evidence Act 1984 (fingerprints and

samples etc: exclusions from destruction rules)—

(a)
in subsection (5) (material that is or may become disclosable to the

defence), for “Sections 63D to 63Q, 63S and 63T” there is substituted

“Sections 63D to 63T”;

(b)
after that subsection there is inserted—

“(5A)
A sample that—

(a)
falls within subsection (5), and

(b)
but for that subsection would be required to be destroyed

under section 63R,


must not be used other than for the purposes of any proceedings

for the offence in connection with which the sample was taken.

(5B)
A sample that once fell within subsection (5) but no longer does,

and so becomes a sample to which section 63R applies, must be

destroyed immediately if the time specified for its destruction

under that section has already passed.”

Public Bill Committee: 4 July 2013
114

Anti-social Behaviour, continued

(2)
In Schedule 8 to the Terrorism Act 2000 (detention of terrorist suspects etc), in

paragraph 20I (substituted by paragraph 1 of Schedule 1 to the Protection of

Freedoms Act 2012) (fingerprints and samples etc: exclusion from destruction

rules of material that is or may become disclosable to the defence)—

(a)
for “Paragraphs 20A to 20F and 20H do not apply to paragraph 20A

material” there is substituted “Paragraphs 20A to 20H do not apply to

material”;

(b)
at the end of that paragraph (which becomes sub-paragraph (1)) there is

inserted—

  “(2)
A sample that—

(a)
falls within sub-paragraph (1), and

(b)
but for that sub-paragraph would be required to be

destroyed under paragraph 20G,


must not be used other than for the purposes of any

proceedings for the offence in connection with which the

sample was taken.

      (3)
A sample that once fell within sub-paragraph (1) but no longer

does, and so becomes a sample to which paragraph 20G

applies, must be destroyed immediately if the time specified

for its destruction under that paragraph has already passed.”’.

Content of community remedy document

Stephen Phillips

Tracey Crouch

Mr David Hanson

Gloria De Piero

Phil Wilson

NC1

To move the following Clause:—

‘(1)
Each of the actions contained in a community remedy document must—

(a)
consist of one or more of the elements within subsection (2),

(b)
promote public confidence in the out of court disposal of any anti-social

behaviour or offences capable of being dealt with under section 94.

(2)
The elements within this subsection are—

(a)
a punitive element reflecting the effects on the victim (if any) and the

wider community of any anti-social behaviour or offences capable of

being dealt with under section 94 in a manner proportionate to those

effects;

(b)
a restorative element ensuring appropriate restitution to the victim (if

any) and the wider community of any anti-social behaviour or offences

capable of being dealt with under section 94.

(3)
The Secretary of State shall from time to time publish guidance as to appropriate

actions to be contained in a community remedy document.

(4)
In this section—

“anti-social behaviour” means behaviour capable of causing nuisance or

annoyance to any person.

Public Bill Committee: 4 July 2013
115

Anti-social Behaviour, continued

“punitive element” includes any action which results in a loss of free time

to the person carrying it out.

“restorative action” includes an apology in writing.

“victim” means a person affected or principally affected by any anti-social

behaviour or offence capable of being dealt with under section 94.

“the wider community” means those living, working or visiting the area for

which the policing body has responsibility.’.

Legal highs—offence

Mr David Hanson

Gloria De Piero

Phil Wilson

NC2

To move the following Clause:—

‘(1)
It is an offence for a person to supply, or offer to supply, a psychoactive

substance, including but not restricted to—

(a)
a powder;

(b)
a pill;

(c)
a liquid; or

(d)
a herbal substance with the appearance of cannabis,


which he knows, or has reasonable cause to believe, to be so acting, that the

substance is likely to be consumed by a person for the purpose of causing

intoxication.

(2)
A person guilty of an offence under this section shall be liable on summary

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

exceeding level 5 on the standard scale.

(3)
This section does not apply to alcohol, tobacco, or any drug currently scheduled

under the Misuse of Drugs Act 1971 or the Medicines Act 1968.

Review of effect of legal highs on anti-social behaviour

Mr David Hanson

Gloria De Piero

Phil Wilson

NC3

To move the following Clause:—

‘The Secretary of State shall carry out a review no more than 12 months following

Royal Assent to this Act to assess the effect of legal psychoactive drugs on—

(a)
anti-social behaviour offending rates; and

Public Bill Committee: 4 July 2013
116

Anti-social Behaviour, continued

(b)
NHS, policing and local authority resources dedicated to tackling anti-

social behaviour.’.

Dog control notice

Mr David Hanson

Gloria De Piero

Phil Wilson

Julie Hilling

Huw Irranca-Davies

Luciana Berger

NC4

To move the following Clause:—

‘(1)
Where an authorised officer has reasonable cause to believe that a dog is not

under sufficient control and requires greater control in any place, as a

preventative measure to protect the public, the dog itself, or another protected

animal, he or she may serve on the owner, and if different, person for the time

being in charge of the dog a written control notice which—

(a)
states that he or she is of that belief;

(b)
specifies the respects in which he or she believes the owner, and if

different, the person for the time being in charge of the dog is failing to

keep the dog under sufficient control;

(c)
specifies the steps he or she requires the owner, and if different, the

person for the time being in charge of the dog to take in order to comply

with the notice;

(d)
specifies the date by which the terms of the notice must be complied with;

and

(e)
specifies the date that the notice expires which will not be for a period

which exceeds six months.

(2)
In a control notice pursuant to subsection (1)(c) an authorised officer must require

a dog to be microchipped (if not already done so) and the owner, and if different,

the person for the time being in charge of the dog, register the dog with a

microchip database, and may require the following steps, where appropriate, but

is not limited to—

(a)
keeping the dog muzzled as directed;

(b)
keeping the dog on a lead when in public or under control as directed;

(c)
requiring the owner, and if different, the person for the time being in

charge of the dog, to seek and implement expert advice about training and

behaviour for the dog;

(d)
having the dog neutered where appropriate; and

(e)
keeping the dog away from particular places or persons.

(3)
Failure to comply with the steps required in a control notice within the time

period specified, to the satisfaction of the authorised officer may lead to a

complaint to a Magistrates Court under section 2 of the Dogs Act 1871.

(4)
The provisions of section 2 of the Dogs Act 1871 shall have effect if the owner,

and if different, the person for the time being in charge of a dog fails to comply

with the steps required in a control notice within the time period specified in

accordance with subsection (3) above as they would apply if a dog was dangerous

and not kept under proper control.



© Parliamentary copyright	Revised 4 July 2013