House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

815

House of Commons

Notices of Amendments

given on

Monday 7 October 2013

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

585, 587, 589-90, 709-14, 729-730 and 735-36

Consideration of Bill

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

Violent offender orders

Secretary Theresa May

NC8

To move the following Clause:—

‘(1)
In section 98 of the Criminal Justice and Immigration Act 2008 (violent offender

orders), after subsection (5) there is inserted—

“(6)
The Secretary of State may by order—

(a)
amend subsection (3);

(b)
make consequential amendments to subsection (4).”

(2)
In section 147(5) of that Act (orders etc subject to affirmative resolution

procedure), after paragraph (d) there is inserted—

“(da)
an order under section 98(6),”.

(3)
In section 99 of that Act (qualifying offenders), in paragraph (b) of subsection (5)

(meaning of “relevant offence”) after “a specified offence” there is inserted “, or

the offence of murder,”.’.

Offence of forced marriage: Scotland

Secretary Theresa May

NC9

To move the following Clause:—

‘(1)
A person commits an offence under the law of Scotland if he or she—

(a)
uses violence, threats or any other form of coercion for the purpose of

causing another person to enter into a marriage, and

(b)
believes, or ought reasonably to believe, that the conduct may cause the

other person to enter into the marriage without free and full consent.

(2)
A person commits an offence under the law of Scotland if he or she—

Notices of Amendments: 7 October 2013
816

Anti-social Behaviour, Crime and Policing Bill, continued

(a)
practises any form of deception with the intention of causing another

person to leave the United Kingdom, and

(b)
intends the other person to be subjected to conduct outside the United

Kingdom that is an offence under subsection (1) or would be an offence

under that subsection if the victim were in Scotland.

(3)
“Marriage” means any religious or civil ceremony of marriage (whether or not

legally binding).

(4)
It is irrelevant whether the conduct mentioned in paragraph (a) of subsection (1)

is directed at the victim of the offence under that subsection or another person.

(5)
A person commits an offence under subsection (1) or (2) only if, at the time of the

coercion or deception—

(a)
the person or the victim or both of them are in Scotland,

(b)
neither the person nor the victim is in Scotland but at least one of them is

habitually resident in Scotland, or

(c)
neither the person nor the victim is in the United Kingdom but at least one

of them is a UK national.

(6)
“UK national” means an individual who is—

(a)
a British citizen, a British overseas territories citizen, a British National

(Overseas) or a British Overseas citizen;

(b)
a person who under the British Nationality Act 1981 is a British subject;

or

(c)
a British protected person within the meaning of that Act.

(7)
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 not exceeding the statutory maximum or both;

(b)
on conviction on indictment, to imprisonment for a term not exceeding 2

years or to a fine or both.’.

Fees for criminal record certificates etc

Secretary Theresa May

NC10

To move the following Clause:—

‘In Part 5 of the Police Act 1997 (criminal record certificates etc), in section 125

(regulations), after subsection (1) there is inserted—

“(1A)
In prescribing the amount of a fee that—

(a)
is payable in relation to applications under a particular provision

of this Part, but

(b)
is not payable in relation to applications made by volunteers,


the Secretary of State may take into account not only the costs associated

with applications in relation to which the fee is payable but also the costs

associated with applications under that provision made by volunteers.”’.

Notices of Amendments: 7 October 2013
817

Anti-social Behaviour, Crime and Policing Bill, continued

Power of community support officer to issue fixed penalty notice for cycle light offence

Secretary Theresa May

NC11

To move the following Clause:—

‘(1)
Part 1 of Schedule 4 to the Police Reform Act 2002 (powers of community

support officers) is amended as follows.

(2)
In sub-paragraph (2)(b) of paragraph 1 (power to issue fixed penalty notices)—

(a)
for “in respect of an offence” there is substituted “in respect of—

(i)
an offence”;

(b)
at the end there is inserted “, or

(ii)
an offence, under section 42 of the Road

Traffic Act 1988, of contravening or failing

to comply with a construction or use

requirement about lighting equipment or

reflectors for cycles;”.

(3)
In sub-paragraph (2) of paragraph 11A (power to stop cycles)—

(a)
for “has committed an offence” there is substituted “has committed—

(a)
an offence”;

(b)
at the end there is inserted “, or

(b)
an offence, under section 42 of the Road Traffic Act

1988, of contravening or failing to comply with a

construction or use requirement about lighting

equipment or reflectors for cycles;”.’.

Credit for time in custody awaiting extradition to United Kingdom to serve sentence

Secretary Theresa May

NC12

To move the following Clause:—

‘In section 49 of the Prison Act 1952 (persons unlawfully at large), after

subsection (3) there is inserted—

“(3A)
Where—

(a)
a person is extradited to the United Kingdom from a category 1

territory for the purpose of serving a term of imprisonment or

another form of detention mentioned in subsection (2) of this

section, and

(b)
the person was for any time kept in custody in that territory with

a view to the extradition (and not also for any other reason),


the Secretary of State shall exercise the power under that subsection to

direct that account shall be taken of that time in calculating the period for

which the person is liable to be detained.

(3B)
In subsection (3A) of this section “category 1 territory” means a territory

designated under the Extradition Act 2003 for the purposes of Part 1 of

that Act.”’.

Secretary Theresa May

1

Clause  1,  page  2,  line  7,  leave out paragraph (b).

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Anti-social Behaviour, Crime and Policing Bill, continued

Secretary Theresa May

2

Clause  4,  page  3,  line  38,  at end insert—

‘( )
the Natural Resources Body for Wales,’.

Secretary Theresa May

3

Clause  4,  page  3,  line  39,  leave out from ‘functions’ to end of line 43 and insert ‘,

or a Special Health Authority exercising security management functions on the direction

of the Secretary of State, or

( )
the Welsh Ministers exercising security management functions, or a

person or body exercising security management functions on the

direction of the Welsh Ministers or under arrangements made between

the Welsh Ministers and that person or body.’.

Secretary Theresa May

4

Clause  4,  page  3,  line  44,  leave out paragraphs (h) and (i).

Secretary Theresa May

5

Clause  4,  page  4,  line  1,  at end insert—

‘( )
In subsection (1) “security management functions” means—

(a)
the Secretary of State’s security management functions within the

meaning given by section 195(3) of the National Health Service Act

2006;

(b)
the functions of the Welsh Ministers corresponding to those functions.’.

Secretary Theresa May

6

Clause  8,  page  5,  line  21,  at end insert—

‘(za)
a judge of the High Court or a judge of the county court, if the injunction

was granted by the High Court;’.

Secretary Theresa May

7

Clause  8,  page  5,  line  27,  leave out ‘(3)(a)’ and insert ‘(3)(za) or (a)’.

Secretary Theresa May

8

Clause  9,  page  5,  line  38,  at end insert—

‘( )
a judge of the High Court, if the injunction was granted by the High

Court;’.

Secretary Theresa May

9

Clause  9,  page  6,  line  3,  at end insert—

‘( )
A warrant issued by a judge of the High Court must require the respondent to be

brought before that court.’.

Notices of Amendments: 7 October 2013
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Anti-social Behaviour, Crime and Policing Bill, continued

Secretary Theresa May

10

Clause  12,  page  6,  line  24,  after ‘lives’ insert ‘(“the premises”)’.

Secretary Theresa May

11

Clause  12,  page  6,  line  25,  leave out paragraph (a).

Secretary Theresa May

12

Clause  12,  page  6,  line  27,  leave out ‘the local authority or housing provider’ and

insert—

‘(i)
a local authority,

(ii)
the chief officer of police for the police area that the premises are

in, or

(iii)
if the premises are owned or managed by a housing provider, that

housing provider,’.

Secretary Theresa May

13

Clause  12,  page  6,  line  35,  leave out ‘local authority or’.

Secretary Theresa May

14

Clause  12,  page  6,  line  37,  leave out ‘authority or’ and insert ‘housing’.

Secretary Theresa May

15

Clause  12,  page  6,  line  40,  leave out ‘authority or’ and insert ‘housing’.

Secretary Theresa May

16

Clause  21,  page  11,  leave out line 26 and insert ‘any person’.

Secretary Theresa May

17

Clause  21,  page  12,  line  4,  leave out paragraph (b).

Secretary Theresa May

18

Clause  32,  page  18,  line  23,  leave out from ‘if’ to first ‘that’ in line 25 and insert

‘satisfied on reasonable grounds’.

Secretary Theresa May

19

Clause  40,  page  23,  line  1,  leave out subsection (5).

Secretary Theresa May

20

Clause  43,  page  24,  leave out lines 19 to 22.

Notices of Amendments: 7 October 2013
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Anti-social Behaviour, Crime and Policing Bill, continued

Secretary Theresa May

21

Clause  43,  page  24,  line  31,  leave out subsection (3) and insert—

‘(3)
While an appeal against a community protection notice is in progress—

(a)
a requirement imposed by the notice to stop doing specified things

remains in effect, unless the court orders otherwise, but

(b)
any other requirement imposed by the notice is of no effect.


For this purpose an appeal is “in progress” until it is finally determined or is

withdrawn.’.

Secretary Theresa May

22

Clause  45,  page  26,  line  9,  leave out ‘specified in’ and insert ‘alleged to constitute

a failure to comply with’.

Secretary Theresa May

23

Clause  45,  page  26,  line  11,  leave out paragraph (a).

Secretary Theresa May

24

Clause  45,  page  26,  line  19,  leave out paragraph (a).

Secretary Theresa May

25

Clause  60,  page  36,  line  7,  at end insert—

‘( )
Before a local authority makes a public spaces protection order restricting the

public right of way over a highway that is also within the area of another local

authority, it must consult that other authority if it thinks it appropriate to do so.’.

Secretary Theresa May

26

Clause  62,  page  37,  line  6,  at end insert ‘, or

( )
a variation of a public spaces protection order.’.

Secretary Theresa May

27

Clause  62,  page  37,  line  10,  after ‘order’ insert ‘or variation’.

Secretary Theresa May

28

Clause  62,  page  37,  line  11,  after ‘order’ insert ‘(or by the order as varied)’.

Secretary Theresa May

29

Clause  62,  page  37,  line  13,  after ‘order’ insert ‘or variation’.

Secretary Theresa May

30

Clause  62,  page  37,  line  15,  after ‘order’ insert ‘or variation’.

Notices of Amendments: 7 October 2013
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Anti-social Behaviour, Crime and Policing Bill, continued

Secretary Theresa May

31

Clause  62,  page  37,  line  17,  leave out ‘public spaces protection order’ and insert

‘order or variation’.

Secretary Theresa May

32

Clause  62,  page  37,  line  17,  leave out ‘its prohibitions or requirements’ and insert

‘the prohibitions or requirements imposed by the order (or by the order as varied)’.

Secretary Theresa May

33

Clause  62,  page  37,  line  20,  after ‘order’ insert ‘or variation’.

Secretary Theresa May

34

Clause  62,  page  37,  line  21,  after ‘order’ insert ‘(or by the order as varied)’.

Secretary Theresa May

35

Clause  62,  page  37,  line  24,  leave out from first ‘or’ to end of line and insert

‘variation, or any of the prohibitions or requirements imposed by the order (or by the order

as varied)’.

Secretary Theresa May

36

Clause  62,  page  37,  line  25,  leave out ‘its prohibitions or requirements’ and insert

‘the prohibitions or requirements imposed by the order (or by the order as varied)’.

Secretary Theresa May

37

Clause  62,  page  37,  line  29,  after ‘order’ insert ‘, or of a variation of a public spaces

protection order,’.

Secretary Theresa May

38

Clause  63,  page  38,  line  3,  at end insert—

‘( )
Consuming alcohol in breach of a public spaces protection order is not an offence

under this section (but see section 59).’.

Secretary Theresa May

39

Clause  70,  page  42,  line  14,  at end insert—

‘( )
In calculating when the period of 48 hours ends, Christmas Day is to be

disregarded.’.

Secretary Theresa May

40

Clause  73,  page  44,  line  11,  at end insert—

‘( )
In calculating when the period of 48 hours ends, Christmas Day is to be

disregarded.’.



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