Session 2013 - 14
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Other Bills before Parliament


 
 

Public Bill Committee Proceedings: 16 July 2013            

59

 

Anti-social Behaviour, continued

 
 

Dog number control notice

 

Julie Hilling

 

Sarah Champion

 

Rosie Cooper

 

Mrs Emma Lewell-Buck

 

Simon Danczuk

 

Not called  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 Proceedings: 16 July 2013            

60

 

Anti-social Behaviour, continued

 
 

Status of off-duty civillian police staff

 

Mr David Hanson

 

Gloria De Piero

 

Phil Wilson

 

Not called  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

 

Not called  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

 

Withdrawn  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 Proceedings: 16 July 2013            

61

 

Anti-social Behaviour, continued

 
 

Powers of community support officers

 

Stephen Barclay

 

Tracey Crouch

 

Stephen Phillips

 

Withdrawn  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

 

 

Withdrawn  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 Proceedings: 16 July 2013            

62

 

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

 

Not called  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 Proceedings: 16 July 2013            

63

 

Anti-social Behaviour, continued

 
 

Requirement for parliamentary approval: changes to College of Policing

 

Mr David Hanson

 

Gloria De Piero

 

Phil Wilson

 

Not called  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

 

Withdrawn  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

 

Not selected  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 Proceedings: 16 July 2013            

64

 

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

 

Sarah Champion

 

Not called  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

 

Added  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,


 
 

Public Bill Committee Proceedings: 16 July 2013            

65

 

Anti-social Behaviour, continued

 
 

(b)    

it has expired,

 

(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.


 
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Revised 17 July 2013