House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 9 July 2013
145

Anti-social Behaviour, continued

“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:—

‘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.’.

Public Bill Committee: 9 July 2013
146

Anti-social Behaviour, continued

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.”.’.

Assault of workers

Mr 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.

Public Bill Committee: 9 July 2013
147

Anti-social Behaviour, continued

(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 guilty 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.’.

Offence of using a sham marriage to avoid immigration requirements

Richard Fuller

NC17

To move the following Clause:—

‘(1)
A person commits an offence if he or she—

(a)
applies to enter, for leave to remain or to settle in the United Kingdom,

and

(b)
relies on a sham marriage in support of that application.

(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.

(3)
A “sham marriage” is a marriage entered into primarily for the purpose of

avoiding the effect on one or both of the parties of one or more provisions of

United Kingdom immigration law or the immigration rules.’.

Public Bill Committee: 9 July 2013
148

Anti-social Behaviour, continued

Requirement for parliamentary approval: changes to College of Policing

Mr David Hanson

Gloria De Piero

Phil Wilson

NC18

To move the following Clause:—

‘It shall be a duty of the Secretary of State to have approval from both Houses of

Parliament before any changes in funding or the introduction of membership are

made to the College of Policing.’.

Irregular rendition

Stephen Phillips

Tracey Crouch

Stephen Barclay

Richard Fuller

NC19

To move the following Clause:—

‘(1)
A person who conducts, participates in or facilitates the apprehension and

extrajudicial transfer of a person from one country to another commits an offence.

(2)
An offence is committed under subsection (1),

(a)
whether the apprehension of the person takes place in the United

Kingdom or not,

(b)
whether the transfer of the person is to or from the United Kingdom or

not.

(3)
A person guilty of an offence under subsection (1) is liable on conviction on

indictment to a term not exceeding life imprisonment.’.

Regulation of newly-developed psychoactive substances

John Woodcock

NC20


To move the following Clause:—

‘(1)
The Secretary of State, no more than six months following Royal Assent of this

Act, shall publish proposals for reforms to the Misuse of Drugs Act 1971 for

consultation, to provide for a stand-alone regulatory and approval regime for

newly-developed psychoactive substances.

(2)
Within three months of the consultation exercise referred to in subsection (1), the

Secretary of State shall lay before both Houses of Parliament an analysis of the

consultation responses and legislative proposals they consider necessary to

Public Bill Committee: 9 July 2013
149

Anti-social Behaviour, continued

improve the operation of the 1971 Act in relation to the regulation of newly-

developed psychoactive substances.’.

Consultation on proposals for reform of the Misuse of Drugs Act 1971

John Woodcock

NC21


To move the following Clause:—

‘(1)
The Secretary of State, no more than six months following Royal Assent of this

Act, shall publish proposals for reforms to the Misuse of Drugs Act 1971 and

other relevant legislation, for consultation, to reduce the evidential burden placed

on prosecuting authorities when demonstrating that a psychoactive substance has

been supplied, or offered to be supplied, for the purposes of causing intoxication.

(2)
Within three months of the consultation exercise referred to in subsection (1), the

Secretary of State shall lay before both Houses of Parliament an analysis of the

consultation responses and legislative proposals they consider necessary to

improve the operation of the 1971 Act and other relevant legislation in relation to

the evidential burden in cases relating to the supply of psychoactive substances.’.

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

(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).”

Public Bill Committee: 9 July 2013
150

Anti-social Behaviour, continued

      ( )
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.

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.

Public Bill Committee: 9 July 2013
151

Anti-social Behaviour, continued

Other Proceedings

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.

Order of the Committee [18 June 2013]

[AS AMENDED 27 JUNE 2013]

That—

(1)
the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 18

June) meet—

(a)
at 2.00 pm on Tuesday 18 June;

(b)
at 11.30 am and 2.00 pm on Thursday 20 June;

(c)
at 8.55 am and 2.00 pm on Tuesday 25 June;

(d)
at 11.30 am and 2.00 pm on Thursday 27 June;

(e)
2.00 pm on Tuesday 2 July;

(f)
at 11.30 am and 2.00 pm on Thursday 4 July;

(g)
at 8.55 am and 2.00 pm on Tuesday 9 July;

(h)
at 11.30 am and 2.00 pm on Thursday 11 July.

(i)
at 8.55 am and 2.00 pm on Tuesday 16 July.

(2)
the Committee shall hear oral evidence in accordance with the following

Table:

TABLE

Date
Time
Witness

Tuesday
Until no later
Police Superintendents’ Association of

18 June
than 10.00 am
England and Wales;

Police Federation of England and Wales

Until no later
Independent Police Complaints

than 2.30 pm
Commission

Until no later
Local Government Association;

than 4.00 pm
Social Landlords Crime and Nuisance

Group;

Chartered Institute of Housing;

Standing Committee on Youth Justice

Until no later
College of Policing;

than 5.00 pm
John Randall, Independent Chair of the

Police Negotiating Board and Police

Advisory Board for England and Wales

Thursday
Until no later
Association of Police and Crime

20 June
than 12.30 pm
Commissioners;

Chief police officers

Until no later
Karma Nirvana;

than 1.00 pm
Freedom

Until no later
Victim Support

than 2.45 pm

Until no later
Fair Trials International

than 3.15 pm

Until no later
Liberty

than 4.00 pm

Until no later
Royal Society for the Prevention of

than 4.30 pm
Cruelty to Animals;

Dogs Trust

Until no later
Home Office

than 5.15 pm



© Parliamentary copyright	Revised 9 July 2013