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| | [TeNTH and Eleventh SITTINGs]
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| | Clause 81, page 49, line 17, after ‘owner’, insert ‘or occupier’. |
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| | Clause 81, page 49, line 26, after ‘owner’, insert ‘or occupier’. |
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| | Clause 82, page 49, line 40, at end insert ‘or arising out of gross negligence’. |
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| | | Clauses 83 to 86 Agreed to. |
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| | | Clauses 87 to 90 Agreed to. |
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| | Clause 91, page 62, line 2, at end add— |
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| | | ‘(3) | The Secretary of State shall review one year after this section comes into force |
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| | | the extent to which courts have ordered possession under the grounds inserted by |
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| | | this section into the Housing Acts 1985 and 1988, and shall publish the results of |
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| | Clause 93, page 64, line 1, after ‘in’, insert ‘bullying or’. |
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| | Clause 93, page 64, line 19, at end insert— |
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| | | ‘“bullying” means behaviour capable of causing physical or mental harm to |
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| | | a second person, including self-harm; or to arouse apprehension or fear |
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| | | in the second person for his or her own safety or that of any other |
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| | | Clauses 94 and 95 Agreed to. |
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| | | Negatived on division 117 |
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| | Clause 96, page 67, line 3, at end insert— |
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| | | ‘(1A) | The relevant bodies must decide under subsection (1)(b) that the threshold for a |
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| | | review is met where the person making the complaint has notified any of the |
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| | | relevant bodies that he or she has been a victim of anti-social behaviour or is |
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| | | vulnerable due to ill health, mental capacity, race, sexuality or religion.’. |
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| | Clause 98, page 70, leave out line 3 and insert— |
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| | | ‘(ii) | for “injures any person” there is substituted “injures or kills any |
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| | | person or assistance dog”.’. |
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| | Clause 98, page 70, line 3, after ‘dog’, insert ‘or protected animal’. |
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| | Clause 98, page 70, line 23, at end insert— |
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| | | ‘(1C) | For the purposes of section 3, a Court must consider all the circumstances, and in |
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| | | particular if the owner, and if different, the person for the time being in charge of |
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| | | the dog at the time of the incident, took reasonable steps to prevent the dog being |
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| | | dangerously out of control in any place.’. |
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| Clause 98, page 70, line 23, at end insert— |
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| | | (a) | part of the building is a dwelling where D dwells, and |
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| | | (b) | the building also contains other dwellings, |
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| | | | the internal areas accessible to residents as means to access their dwellings are not |
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| | | treated for the purposes of subsection (1B) as a part of a building that is a |
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| | | (a) | part of a building is a dwelling where D dwells, and |
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| | | (b) | use of another part of the building is designated within classes A and B |
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| | | of the Town and Country Planning (Use Classes) Order 1987 or any |
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| | | replacement currently in force, |
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| | | | the designated part is not treated for the purposes of subsection (1B) as a part of |
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| | | the building that is a dwelling. |
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| | | (1E) | In the case of service providers, entry of less than— |
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| | | | into a building or part of a building will not constitute entry for the purposes of |
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| | Clause 98, page 70, line 28, at end insert— |
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| | | ‘(iii) | for “two years” there is substituted “life imprisonment”.’. |
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| | | Clause 98, page 70, line 28, at end insert— |
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| | | ‘(e) | after subsection (4) there is inserted— |
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| | | “(5) | Whether the aggravated form of the offence comprises an attack |
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| | | on a person or on an assistance dog they will be treated, for |
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| | | sentencing purposes, in the same way.”.’. |
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| | | Clause 98, page 70, leave out lines 43 to 46 and insert— |
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| | | (i) | after the definition of “advertisement” there is inserted |
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| | | “assistance dog” has the meaning given by section 173(1) of the |
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| | | (ii) | after the definition of “public place” there is inserted ““service |
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| | | providers” includes authorised representatives of a utility |
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| | | company of which D is a customer, post delivery bodies, persons |
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| | | providing government or other public services and health care |
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| | | Clause 98, page 70, leave out lines 45 and 46 and insert— |
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| | | ““assistance dog” is a dog which has been trained to provide assistance to a |
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| | | disabled person by a designated assistance dog training organisation. A |
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| | | designated assistance dog training organisation is one which has been |
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| | | prescribed by the Secretary of State as such.’. |
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| | Clause 98, page 70, line 46, at end insert ‘”protected animal” has the meaning |
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| | given by section 2 of the Animal Welfare Act (2006).’. |
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| | Clause 98, page 71, line 1, at end insert ‘or protected animal.’. |
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| | Clause 98, page 71, line 2, at end insert ‘or protected animal.’. |
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