House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 4 July 2013
117

Anti-social Behaviour, continued

(5)
An “authorised officer” is a person that has been appointed by the local authority

or police for the purposes of this Act.

(6)
A “protected animal” is one that is commonly domesticated in the British Islands,

is under the control of man whether on a permanent or temporary basis, or is not

living in a wild state.’.

Firearms licences—assessing public safety

Mr David Hanson

Gloria De Piero

Phil Wilson

Grahame M. Morris

NC5

To move the following Clause:—

‘(1)
The Firearms Act 1968 is amended as follows.

(2)
After section 28A (Certificates: supplementary) insert—

“28B Assessing public safety

(1)
When assessing the threat to public safety under sections 27, 28, 30A,
5
30B or 30C the Chief Police Officer must ensure that a range of

background checks are performed.

(2)
Where these checks uncover substantiated evidence of violent conduct,

domestic violence, mental illness or drug or alcohol abuse, the

presumption is that the Chief Police Officer should refuse the licence
10
application unless exceptional evidence can be brought forward by the

applicant as to their suitability to possess a weapon.

(3)
When assessing public safety within this section the Chief Police Officer

must follow any guidance issued by the Secretary of State.”.’.

As an Amendment to Mr David Hanson’s proposed New Clause (Firearms licences—

assessing public safety) (NC5):—

Bridget Phillipson

(a)

Line  6,  at end insert—

‘(1A)
Background checks under subsection (1) must include, so far as practicable,

consultation with current and former partners of the applicant.’.

Public Bill Committee: 4 July 2013
118

Anti-social Behaviour, continued

Firearms: power of Secretary of State to alter fees

Mr David Hanson

Gloria De Piero

Phil Wilson

Grahame M. Morris

NC6

To move the following Clause:—

‘(1)
Section 43 of the Firearms Act 1968 (power of Secretary of State to alter fees) is

amended as follows.

(2)
After subsection (1) insert—

“(1A)
Before making an order under this section the Secretary of State must

consult with chief police officers to ensure the level of fees collected by

the police under sections 32 and 35 are sufficient for the police to recoup

the costs they incur through the administration and assessment of

firearms licences made under this Act.”.’.

Offence of arranging a marriage for immigration purposes

Richard Fuller

NC7

To move the following Clause:—

‘(1)
A person commits an offence if he or she arranges a marriage primarily for the

purpose of facilitating the immigration into the United Kingdom of a party to the

marriage.

(2)
A person guilty of an offence under this section is liable—

(a)
on summary conviction, to imprisonment for a term not exceeding 12

months or to a fine or both;

(b)
on conviction on indictment, to imprisonment for a term not exceeding

seven years.’.

Requirement for review of alcohol licences where public spaces protection order is made

Gloria De Piero

Mr David Hanson

Phil Wilson

NC8

To move the following Clause:—

‘Where a local authority has made a public spaces protection order which

prohibits the consumption of alcohol, it must—

(a)
inform all premises licensed to sell alcohol within the restricted area that

such an order has been issued;

Public Bill Committee: 4 July 2013
119

Anti-social Behaviour, continued

(b)
carry out a formal review of all licenses issued under the Licensing Act

2003 to those premises, in order to ensure that the licensing conditions

are appropriate for minimising the detrimental effects of alcohol in the

local area; and

(c)
where a premises has been identified by the police or local authority as a

particular cause of nuisance or anti-social behaviour, revoke that

premises’ alcohol licence or review the conditions imposed by it.’.

Dog number control notice

Julie Hilling

Sarah Champion

Rosie Cooper

Mrs Emma Lewell-Buck

Simon Danczuk

NC11

To move the following Clause:—

‘(1)
This section applies where more than one dog is being kept in a domestic property

in England or Wales.

(2)
Where an authorised officer has reasonable cause to believe that the number of

dogs being kept in a domestic property gives rise to a risk that any one or more of

the dogs may become dangerously out of control while in or partly in the

domestic property (“the risk”), he or she may serve on the person in charge a

written control notice which—

(a)
states that the authorised officer is of that belief;

(b)
specifies the maximum number of dogs which, in the opinion of the

authorised officer, are capable of being kept in the domestic property

such as to sufficiently reduce the risk;

(c)
requires the person in charge to reduce the number of dogs kept in the

domestic property to no more than the number specified under paragraph

(b); and

(d)
specifies the date by which the terms of the control notice must be

complied with.

(3)
A control notice may be served on more than one person in respect of one

domestic property.

(4)
It is an offence for a person without reasonable excuse to fail to comply with a

requirement under subsection (2).

(5)
A person guilty of an offence under this section is liable on summary conviction

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

(6)
An authorised officer may make a complaint to a Magistrates’ Court if a person

in charge fails, to the satisfaction of the authorised officer, to comply with the

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

(7)
A Magistrates’ Court receiving a complaint under subsection (6) shall, if it finds

that the person in charge has failed to comply with the steps required in a control

notice, make an order in a summary way directing any of the dogs kept in the

domestic property to be destroyed.

(8)
In this section—

Public Bill Committee: 4 July 2013
120

Anti-social Behaviour, continued

“authorised officer” means a person appointed by a local authority within

whose area the domestic property is situated for the purposes of this

section;

“domestic property” means a building, or part of a building, that is a

dwelling or is forces accommodation (or both);

“person in charge” means the owner or owners, and if different, person or

persons for the time being in charge of the dogs.’.

Status of off-duty civillian police staff

Mr David Hanson

Gloria De Piero

Phil Wilson

NC12


To move the following Clause:—

‘In section 29 of the Police Reform Act 2002 (Interpretation of Part 2), at the end

of subsection (4)(a) there is inserted “except where that person was a member of

the civilian staff of the police force and was off-duty at the time when the conduct

is supposed to have taken place.”.’.

Treatment of police support volunteers

Mr David Hanson

Gloria De Piero

Phil Wilson

NC13


To move the following Clause:—

‘The Secretary of State may make regulations providing that, for the purposes of

this Part, a police support volunteer is to be treated as a person serving with the

police.’.

Female genital mutilation review of legislation

Stephen Phillips

Richard Fuller

Stephen Barclay

Tracey Crouch

NC14


To move the following Clause:—

Public Bill Committee: 4 July 2013
121

Anti-social Behaviour, continued

‘The Secretary of State must carry out an assessment of the Female Genital

Mutilation Act 2003, and must lay a copy of the assessment before Parliament

within 12 months of this section coming into force.’.

Powers of community support officers

Stephen Barclay

Tracey Crouch

Stephen Phillips

NC15


To move the following Clause:—

‘(1)
Part 1 of Schedule 4 to the Police Reform Act 2002 (powers exercisable by

community support officers) is amended as follows.

(2)
After section 1(2)(b) insert—

“(ba)
the power of a constable in uniform to give a person a fixed

penalty notice under section 54 of the Road Traffic Offenders

Act 1988 (c. 53) (fixed penalty notices) in respect of an offence

under section 42 of the Road Traffic Act 1988 c.53 (Breach of

other construction and use requirement) as specified by Table III

(Pedal cycle) of Schedule 1 (Obligatory Lamps, Reflectors, Rear

Markings and Devices) of the Road Vehicles Lighting

Regulations 1989/1796;”.’.

(3)
In section 7B(1) after “sub-paragraphs” insert “(1A),”.

(4)
After section 7B(1) insert—

“(1A)
Where, in the exercise of the power referred to in paragraph 1A or

paragraph 3, a CSO has required a person to give his name and address,

and has reasonable grounds to suspect that person is in possession of a

controlled drug in contravention of the Misuse of Drugs Act 1971 or of

any regulations (or orders) made thereunder, the CSO may—

(a)
search that person, and detain him for the purpose of searching

him;

(b)
search any vehicle in which the constable suspects that the drug

may be found, and for that purpose require the person in control

of the vehicle to stop it.”.

(5)
In section 11A(2) after “footway)”, insert “or an offence under section 42 of the

Road Traffic Act 1988 c.53 (Breach of other construction and use requirement)

as specified by Table III (Pedal cycle) of Schedule 1 (Obligatory Lamps,

Reflectors, Rear Markings and Devices) of the Road Vehicles (Lighting

Regulations 1989/1796.”.’.

Public Bill Committee: 4 July 2013
122

Anti-social Behaviour, continued

Assault of workers

David Hanson

Phil Wilson

Gloria De Piero

NC16


To move the following Clause:—

‘(1)
A person, being a member of the public, who assaults a worker—

(a)
in the course of that worker’s employment, or

(b)
by reason of that worker’s employment,


commits an offence.

(2)
No offence is committed—

(a)
under subsection (1)(a) unless the person who assaults knows or ought to

know that the worker is acting in the course of the worker’s employment,

(b)
under subsection (1)(b) unless the assault is motivated, in whole or in

part, by malice towards the worker by reason of the worker’s

employment.

(3)
In this section—


“worker” means a person whose employment involves dealing with members of

the public, to any extent, but only if that employment involves—

(a)
being physically present in the same place and at the same time as one or

more members of the public, and

(b)
(either or both)—

(i)
interacting with those members of the public for the purposes of

the employment, or

(ii)
providing a service to either particular members of the public or

the public generally,


“employment” in this context means any paid or unpaid work whether

under a contract, apprenticeship, or otherwise.

(4)
Evidence from a single source is sufficient evidence to establish for the purpose

of subsection (1) whether a person is a worker.

(5)
A person guilyy of an offence under this Act is liable, on summary conviction, to

imprisonment for a period not exceeding 12 months or to a fine not exceeding

level 5 on the standard scale.’.

Mr Jeremy Browne

112

Schedule  7,  page  146,  line  16,  at end insert—

    ‘( )
In paragraph 20A(4), at the end there is inserted “, but this is subject to

paragraph 19ZD (restriction on disclosure of sensitive information)”.

      ( )
In paragraph 20C(4)—

(a)
the words from the beginning to “sub-paragraph (3),” are omitted;

(b)
at the end there is inserted “, except so far as—

(a)
regulations made by virtue of sub-paragraph (3)

provide otherwise, or

Public Bill Committee: 4 July 2013
123

Anti-social Behaviour, continued

(b)
the Commission is prevented from doing so by

paragraph 19ZD (restriction on disclosure of

sensitive information).”

      ( )
In paragraph 20H(5)—

(a)
the words from the beginning to “sub-paragraph (4),” are omitted;

(b)
at the end there is inserted “, except so far as—

(a)
regulations made by virtue of sub-paragraph (4)

provide otherwise, or

(b)
the Commission is prevented from doing so by

paragraph 19ZD (restriction on disclosure of

sensitive information).”

      ( )
In paragraph 23(12)—

(a)
the words from the beginning to “sub-paragraph (11),” are omitted;

(b)
at the end there is inserted “, except so far as—

(a)
regulations made by virtue of sub-paragraph (11)

provide otherwise, or

(b)
the Commission is prevented from doing so by

paragraph 19ZD (restriction on disclosure of

sensitive information).”

      ( )
In paragraph 24A(3), after “a report” there is inserted “to the Commission”.’.

Mr Jeremy Browne

109

Clause  140,  page  107,  line  30,  at end insert—

‘( )
section [Retention of personal samples that are or may be

disclosable](1);’.

Mr Jeremy Browne

110

Clause  140,  page  108,  line  2,  at end insert—

‘( )
section [Retention of personal samples that are or may be

disclosable](2);’.

ORDER OF THE HOUSE [10 June 2013]

That the following provisions shall apply to the Anti-social Behaviour, Crime and

Policing Bill:

Committal

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 16 July 2013.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.



© Parliamentary copyright	Revised 4 July 2013