Session 2013 - 14
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Other Bills before Parliament


 
 

589

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Thursday 18 July 2013

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

585 and 587

 

Consideration of Bill


 

Anti-social Behaviour, Crime and Policing Bill, As Amended

 

Dog control orders

 

Mr David Hanson

 

Phil Wilson

 

Gloria De Piero

 

NC3

 

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) 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 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;


 
 

Notices of Amendments: 18 July 2013                     

590

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(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’ licensing

 

Mr David Hanson

 

Phil Wilson

 

Gloria De Piero

 

NC4

 

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,

 

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

 

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.”.

 

(3)    

Section 113 of the Firearms Act 1968 (power of Secretary of State to alter fees)

 

is amended as follows.

 

(4)    

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 appropriate after considering the

 

costs they incur through the administration and assessment of firearms’

 

licences made under this Act.”.’.

 


 
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Revised 19 July 2013