House of Commons Amendments

Session 2013 - 14
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Other Bills before Parliament

Notices of Amendments: 7 October 2013
822

Anti-social Behaviour, Crime and Policing Bill, continued

Secretary Theresa May

41

Clause  81,  page  49,  line  17,  after ‘owner’ insert ‘or occupier’.

Secretary Theresa May

42

Clause  81,  page  49,  line  21,  at end insert—

‘( )
An order under this section may be made only against a person who has been

served with the application for the order.’.

Secretary Theresa May

43

Clause  81,  page  49,  line  22,  after ‘must’ insert ‘also’.

Secretary Theresa May

44

Clause  81,  page  49,  line  26,  leave out paragraph (c).

Secretary Theresa May

45

Clause  93,  page  64,  line  3,  at end insert—

‘( )
For the purposes of subsection (2), an action is appropriate to be carried out by a

person only if it has one or more of the following objects—

(a)
assisting in the person’s rehabilitation;

(b)
ensuring that the person makes reparation for the behaviour or offence in

question;

(c)
punishing the person.’.

Secretary Theresa May

46

Clause  93,  page  64,  leave out lines 6 to 11 and insert—

‘(a)
have regard to the need promote public confidence in the out-of-court

disposal process;

(b)
have regard to any guidance issued by the Secretary of State about how

local policing bodies are to discharge their functions under this section;

(c)
carry out the necessary consultation and take account of all views

expressed by those consulted.

( )
In subsection (3)(c) “the necessary consultation” means—

(a)
consultation with the chief officer of police for the area,

(b)
consultation with whatever community representatives the local policing

body thinks it appropriate to consult, and

(c)
whatever other public consultation the local policing body thinks

appropriate.’.

Secretary Theresa May

47

Clause  93,  page  64,  line  16,  at end insert—

‘( )
The Secretary of State must publish any guidance issued under subsection

(3)(b).’.

Notices of Amendments: 7 October 2013
823

Anti-social Behaviour, Crime and Policing Bill, continued

Secretary Theresa May

48

Clause  93,  page  64,  line  22,  at end insert—

‘“out-of-court disposal process” means the process by which a person is

dealt with under section 94 or by means of a conditional caution or youth

conditional caution.’.

Secretary Theresa May

49

Clause  104,  page  75 ,  line  17,  after ‘offence’ insert ‘under the law of England and

Wales’.

Secretary Theresa May

50

Clause  104,  page  75 ,  line  22,  after ‘offence’ insert ‘under the law of England and

Wales’.

Secretary Theresa May

51

Clause  112,  page  80,  line  24,  at end insert—

‘( )
The Secretary of State may secure the reimbursement of payments made under

section 61(5) or (7) of the Police Act 1996 (payment by Scottish Ministers or

Department of Justice in Northern Ireland towards expenses incurred by the

Police Negotiating Board for the United Kingdom) to the extent that, by reason

of the abolition of the Board, the payments are not needed.’.

Secretary Theresa May

52

Clause  114,  page  83,  line  22,  leave out ‘Police Advisory Board for England and

Wales’ and insert ‘appropriate advisory or negotiating body’.

Secretary Theresa May

53

Clause  114,  page  83,  line  24,  at end insert—

‘“(1A)
In subsection (1) above, “the appropriate advisory or negotiating body” means—

(a)
as regards England and Wales, the Police Advisory Board for England

and Wales;

(b)
as regards Scotland, the Police Negotiating Board for Scotland.’.

Secretary Theresa May

54

Clause  114,  page  83,  line  25,  after ‘above’ insert ‘as regards England and Wales,’.

Secretary Theresa May

55

Clause  114,  page  83,  line  37,  leave out from ‘paragraph’ to end of line 40 and insert

‘3, for sub-paragraph (3) there is substituted—

    “(3)
The Secretary of State shall—

(a)
consult with the Police Advisory Board for England and Wales before

exercising the power as regards England and Wales;

(b)
consult with the Police Negotiating Board for Scotland before

exercising the power as regards Scotland;

Notices of Amendments: 7 October 2013
824

Anti-social Behaviour, Crime and Policing Bill, continued

(c)
consult with the Northern Ireland Policing Board and the Police

Association for Northern Ireland before exercising the power as

regards Northern Ireland.”’.

Secretary Theresa May

56

Clause  129,  page  99,  line  6,  leave out from ‘But’ to end of line 8 and insert ‘if

proceedings in respect of the extradition are adjourned under section 8A or 8B, the

permitted period is extended by the number of days for which the proceedings are so

adjourned.”’.

Secretary Theresa May

57

Clause  134,  page  103,  line  2,  at end insert—

‘( )
In section 28 of that Act (appeal against discharge at extradition hearing: category

1 territory)—

(a)
in subsection (4), for “section may” there is substituted “section—

(a)
may”;

(b)
at the end of that subsection there is inserted “, but

(b)
lies only with the leave of the High Court.”’.

Secretary Theresa May

58

Clause  134,  page  103,  line  13,  at end insert—

‘( )
In section 105 of that Act (appeal against discharge at extradition hearing:

category 2 territory)—

(a)
in subsection (4), for “section may” there is substituted “section—

(a)
may”;

(b)
at the end of that subsection there is inserted “, but

(b)
lies only with the leave of the High Court.”’.

Secretary Theresa May

59

Clause  134,  page  103,  line  20,  leave out from ‘subsection’ to third ‘the’ in line 22

and insert ‘(7) there is inserted—

“(7A)
Where a person gives notice of application for leave to appeal after the end of the

permitted period (whether or not the application is for leave to appeal on human

rights grounds),”.’.

Secretary Theresa May

60

Clause  134,  page  103,  line  25,  at end insert—

‘( )
In section 110 of that Act (appeal against discharge by Secretary of State)—

(a)
in subsection (4), for “section may” there is substituted “section—

(a)
may”;

(b)
at the end of that subsection there is inserted “, but

(b)
lies only with the leave of the High Court.”’.

Notices of Amendments: 7 October 2013
825

Anti-social Behaviour, Crime and Policing Bill, continued

Secretary Theresa May

61

Clause  144,  page  117,  line  13,  at end insert—

‘(5A)
Any reference in the Police and Criminal Evidence Act 1984 to an “indictable

offence” has effect as if it included a reference to low-value shoplifting (as

defined in section 22A(3) of the Magistrates’ Courts Act 1980).

(5B)
In section 84 of the Armed Forces Act 2006 (definitions), after subsection (2)

there is inserted—

“(2A)
In subsection (2)(a), the reference to an “indictable offence” has effect as

if it included a reference to low-value shoplifting (as defined in section

22A(3) of the Magistrates’ Courts Act 1980).”’.

Secretary Theresa May

62

Clause  149,  page  119,  line  21,   at end insert ‘, but this does not apply to a power of

the Scottish Ministers to make an order under section 152’.

Secretary Theresa May

63

Clause  151,  page  120,  line  11,  at end insert—

‘( )
section [Violent offender orders];’.

Secretary Theresa May

64

Clause  151,  page  120,  line  12,  leave out ‘Part 9’ and insert ‘sections 103 and 104’.

Secretary Theresa May

65

Clause  151,  page  120,  line  14,  leave out ‘114’ and insert ‘114(1), (2) and (4)’.

Secretary Theresa May

66

Clause  151,  page  120,  line  17,  leave out ‘section 128’ and insert ‘sections 128,

[Fees for criminal record certificates etc]’.

Secretary Theresa May

67

Clause  151,  page  120,  line  17,  at end insert ‘and [Power of community support

officer to issue fixed penalty notice for cycle light offence]’.

Secretary Theresa May

68

Clause  151,  page  120,  line  18,  leave out ‘section’ and insert ‘sections [Credit for

time in custody awaiting extradition to United Kingdom to serve sentence] and’.

Secretary Theresa May

69

Clause  151,  page  120,  leave out line 19 and insert—

‘(j)
section 144 except subsection (5B);

(k)
section 146.’.

Notices of Amendments: 7 October 2013
826

Anti-social Behaviour, Crime and Policing Bill, continued

Secretary Theresa May

70

Clause  151,  page  120,  line  23,  at end insert—

‘( )
section 114(3);’.

Secretary Theresa May

71

Clause  151,  page  120,  line  32,  at end insert—

‘( )
section 114(5);’.

Secretary Theresa May

72

Clause  151,  page  120,  line  37,  at end insert—

‘( )
Section [Offence of forced marriage: Scotland] extends only to Scotland.’.

Secretary Theresa May

73

Clause  151,  page  120,  line  38,  at end insert—

‘(5A)
Section 144(5B) has the same extent as section 84 of the Armed Forces Act 2006,

and the powers conferred by section 384 of that Act (power to extend Act to the

Channel Islands and powers to make provisions of that Act apply with

modifications in relation to the Channel Islands, British overseas territories and

the Isle of Man) are exercisable in relation to the amendment of that Act made by

section 144(5B) of this Act.’.

Secretary Theresa May

74

Clause  152,  page  121,  line  9,  at end insert—

‘( )
section [Fees for criminal record certificates etc], which comes into

force at the end of the period of 2 months beginning with that day;’.

Secretary Theresa May

75

Clause  152,  page  121,  line  11,  at end insert—

‘( )
section [Offence of forced marriage: Scotland].’.

Secretary Theresa May

76

Clause  152,  page  121,  line  19,  at end insert—

‘( )
Section [Offence of forced marriage: Scotland] comes into force on whatever day

the Scottish Ministers appoint by order.’.

Secretary Theresa May

77

Clause  152,  page  121,  line  27,  at end insert—

‘( )
The Scottish Ministers may by order make whatever saving, transitional or

transitory provision they think appropriate in connection with the coming into

force of section [Offence of forced marriage: Scotland].’.

Notices of Amendments: 7 October 2013
827

Anti-social Behaviour, Crime and Policing Bill, continued

Secretary Theresa May

78

Clause  152,  page  121,  line  27,  at end insert—

‘( )
An order under this section bringing into force on a particular day a provision

which refers to the Police Negotiating Board for Scotland may, if it appears to the

Secretary of State that no body of that name will be in existence on that day, bring

the provision into force subject to whatever consequential amendment or

transitional provision the Secretary of State thinks appropriate.’.

Secretary Theresa May

79

Schedule  6,  page  145,  line  2,  at end insert—

‘( )
may if necessary use reasonable force for the purpose of exercising a

power under this paragraph;

( )
may authorise a person to carry out on the officer’s behalf a search

under this paragraph.’.

Secretary Theresa May

80

Schedule  6,  page  145,  line  29,  at end insert—

    ‘( )
A constable—

(a)
may if necessary use reasonable force for the purpose of exercising a

power under this paragraph;

(b)
may authorise a person to carry out on the constable’s behalf a search

under this paragraph.’.

Secretary Theresa May

81

Schedule  6,  page  146,  line  5,  leave out paragraph 5.

Secretary Theresa May

82

Schedule  8,  page  158,  line  20,  at end insert—

‘Government of Wales Act 2006 (c. 32)


In Schedule 7 to the Government of Wales Act 2006 (legislative competence

of Welsh Assembly), in the list of exceptions in paragraph 12, for “Anti-social

behaviour orders” there is substituted “Orders to protect people from

behaviour that causes or is likely to cause harassment, alarm or distress”.’.

Secretary Theresa May

83

Schedule  8,  page  161,  line  36,  at end insert—

‘Police Act 1997 (c. 50)


In section 137 of the Police Act 1997 (extent), in subsection (2) (provisions

extending to England and Wales only), after “sections” in paragraph (e) there

is inserted “125(1A),”.’.

Notices of Amendments: 7 October 2013
828

Anti-social Behaviour, Crime and Policing Bill, continued

Secretary Theresa May

84

Schedule  8,  page  163,  line  35,  at end insert—

‘Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and

Modifications) Order 2013 (S.I. 2013/602)


In article 14 of the Police and Fire Reform (Scotland) Act 2012 (Consequential

Provisions and Modifications) Order 2013 (pensions: special constables and

police cadets), in paragraph (2), for “the Police Negotiating Board for the

United Kingdom” there is substituted “the Police Negotiating Board for

Scotland”.’.

Secretary Theresa May

85

Schedule  8,  page  164,  line  4,  leave out ‘The’ and insert ‘In the Schedule, the’.

Secretary Theresa May

86

Schedule  8,  page  164,  line  32,  at end insert —

‘Police and Fire Reform (Scotland) Act 2012
In Schedule 1, paragraph 5(4) to (6).’.

(Consequential Provisions and Modific-

ations) Order 2013 (S.I. 2013/602)

Secretary Theresa May

87

Schedule  8,  page  165,  line  4,  at end insert—


‘In section 28 of that Act (appeal against discharge at extradition hearing:

category 1 territory), in subsection (5), for “Notice of an appeal” there is

substituted “Notice of application for leave to appeal”.’.

Secretary Theresa May

88

Schedule  8,  page  165,  line  23,  at end insert—


‘In section 105 of that Act (appeal against discharge at extradition hearing:

category 2 territory), in subsection (5), for “Notice of an appeal” there is

substituted “Notice of application for leave to appeal”.’.

Secretary Theresa May

89

Schedule  8,  page  165,  line  24,  leave out paragraph 74 and insert—

‘74(1)
Section 108 of that Act (appeal against extradition order: category 2 territory)

is amended as follows.

      (2)
In subsection (4), for the words before “is 14 days” there is substituted “Notice

of application for leave to appeal under this section must be given—

(a)
in accordance with rules of court, and

(a)
subject to subsections (5) and (7A), before the end of the

permitted period, which”.

      (3)
In subsection (5)—

(a)
for “But notice of an appeal” there is substituted “Notice of application

for leave to appeal”

(b)
after “if it is an” there is inserted “application for leave to”.



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