House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 11 July 2013
172

Anti-social Behaviour, continued

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—

“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.’.

Public Bill Committee: 11 July 2013
173

Anti-social Behaviour, continued

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: 11 July 2013
174

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: 11 July 2013
175

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: 11 July 2013
176

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: 11 July 2013
177

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.’.

New Schedule

Mr Jeremy Browne

ns1


To move the following Schedule:—

‘SCHEDULE

powers to seize invalid passports etc

Interpretation

1    (1)
In this Schedule “examining officer” means—

(a)
a constable,

(b)
a person appointed as an immigration officer under paragraph 1 of

Schedule 2 to the Immigration Act 1971, or

(c)
a general customs official designated under section 3(1) of the

Borders, Citizenship and Immigration Act 2009.

      (2)
In this Schedule “travel document” means anything that is, or appears to be, a

passport or other document which—

(a)
has been issued by or for Her Majesty’s Government, or the

government of another state, and

(b)
enables or facilitates travel from one state to another.

      (3)
For the purposes of this Schedule a travel document is “invalid” if—

(a)
it has been cancelled,

(b)
it has expired,

Public Bill Committee: 11 July 2013
178

Anti-social Behaviour, continued

(c)
it was not issued by the government or authority by which it purports

to have been issued, or

(d)
it has undergone an unauthorised alteration.

      (4)
In this Schedule “port” means—

(a)
an airport,

(b)
a sea port,

(c)
a hoverport,

(d)
a heliport,

(e)
a railway station where passenger trains depart for, or arrive from,

places outside the United Kingdom, or

(f)
any other place at which a person is able, or attempting, to get on or

off any craft, vessel or vehicle in connection with entering or leaving

Great Britain or Northern Ireland.

Powers of search and seizure etc: ports

2    (1)
An examining officer may exercise any of the powers under this paragraph in

the case of a person at a port whom the officer believes to be there in

connection with—

(a)
entering or leaving Great Britain or Northern Ireland, or

(b)
travelling by air within Great Britain or within Northern Ireland.

      (2)
The powers are—

(a)
to require the person to hand over all travel documents in his or her

possession for inspection by the examining officer;

(b)
to search for travel documents and to take possession of any that the

officer finds;

(c)
to inspect any travel document taken from the person and to retain it

while its validity is checked;

(d)
(subject to paragraph 4) to retain any travel document taken from the

person that the examining officer believes to be invalid.

      (3)
The power under sub-paragraph (2)(b) is a power to search—

(a)
the person;

(b)
anything that the person has with him or her;

(c)
any vehicle in which the examining officer believes the person to have

been travelling or to be about to travel.

      (4)
An examining officer may stop a person or vehicle for the purposes of

exercising a power under this paragraph.

Powers of search and seizure etc: constables

3    (1)
A constable may exercise any of the powers under this paragraph, at a place

that is not a port, in the case of a person whom the constable reasonably

believes to be in possession of a passport to which this paragraph applies.

      (2)
This paragraph applies to a passport if—

(a)
the passport was issued by or for Her Majesty’s Government,

(b)
the Secretary of State has cancelled the passport on the basis that the

person to whom it was issued has or may have been, or will or may

become, involved in activities so undesirable that it is contrary to the

public interest for the person to have access to passport facilities, and

(c)
the passport is specified in an authorisation issued by the Secretary of

State for the use of the powers under this paragraph.

      (3)
The powers are—



© Parliamentary copyright	Revised 11 July 2013