House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 25 June 2013
36

Anti-social Behaviour, continued

Tracey Crouch

42

Clause  98,  page  71,  line  2,  at end insert ‘or protected animal.’.

Mr David Hanson

Gloria De Piero

Phil Wilson

2

Clause  105,  page  76,  line  21,  leave out from ‘so’ to end of line 22.

Mr David Hanson

Gloria De Piero

Phil Wilson

3

Clause  105,  page  77,  line  13,  leave out from ‘so’ to end of line 14.

Mr David Hanson

Gloria De Piero

Phil Wilson

4

Clause  105,  page  77,  line  31,  leave out from ‘so’ to end of line 32.

Mr David Hanson

Gloria De Piero

Phil Wilson

47


Clause  107,  page  78,  line  21,  leave from‘officer’ to end of line 24.

Mr David Hanson

Gloria De Piero

Phil Wilson

34

Clause  123,  page  95,  line  16,  leave out ‘may’ and insert ‘shall’.

Mr David Hanson

Gloria De Piero

Phil Wilson

35

Clause  123,  page  95,  line  27,  leave out ‘may’ and insert ‘shall’.

Public Bill Committee: 25 June 2013
37

Anti-social Behaviour, continued

Mr David Hanson

Gloria De Piero

Phil Wilson

36

Clause  123,  page  95,  line  29,  at end insert—

‘(3A)
The Secretary of State shall from time to time publish guidance as to the quality

standard of service expected under this section.’.

New Clauses

Content of community remedy document

Stephen Phillips

Tracey Crouch

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.’.

Public Bill Committee: 25 June 2013
38

Anti-social Behaviour, continued

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,


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.’.

Public Bill Committee: 25 June 2013
39

Anti-social Behaviour, continued

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;

(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.

Public Bill Committee: 25 June 2013
40

Anti-social Behaviour, continued

(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.’.

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.

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]

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)
at 8.55 am and 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:

Public Bill Committee: 25 June 2013
41

Anti-social Behaviour, continued

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

(3)
proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clauses 1 to 10; Schedule 1; Clause 11; Schedule 2; Clauses

12 to 86; Schedule 3; Clauses 87 to 96; Schedule 4; Clauses 97 to 113;

Schedule 5; Clauses 114 to 124; Schedule 6; Clauses 125 to 136; new

Clauses; new Schedules; Clause 137; Schedule 7; Clauses 138 to 142;

remaining proceedings on the Bill;

(4)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 5.00 pm on Tuesday 16 July.



© Parliamentary copyright	Revised 25 June 2013