House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 16 July 2013
201

Anti-social Behaviour, continued

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.

“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,

Public Bill Committee: 16 July 2013
202

Anti-social Behaviour, continued


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

(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;

Public Bill Committee: 16 July 2013
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Anti-social Behaviour, continued

(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.

(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

Public Bill Committee: 16 July 2013
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Anti-social Behaviour, continued

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.’.

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.”.’.

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: 16 July 2013
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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.

Public Bill Committee: 16 July 2013
206

Anti-social Behaviour, continued

(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.’.

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.’.

Public Bill Committee: 16 July 2013
207

Anti-social Behaviour, continued

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.’.

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,



© Parliamentary copyright	Revised 16 July 2013