Session 2013 - 14
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Other Bills before Parliament


 
 

875

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Wednesday 9 October 2013

 

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

 

585, 587, 589-90, 709-14, 729-730, 735-36 815-30 and 849-74

 

Consideration of Bill


 

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

 

Control of new psychoactive substances

 

Diana Johnson

 

Mr Steve Reed

 

Mr David Hanson

 

Helen Jones

 

Jack Dromey

 

John Woodcock

 

NC16

 

To move the following Clause:—

 

‘(1)    

Any person supplying, or offering to supply, a synthetic 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 is likely to be consumed by a person for the purpose of causing intoxication

 

will be subject to a Synthetic Psychoactive Product Order prohibiting its supply.

 

(2)    

Any subsequent breach of that Order will be an offence.

 

(3)    

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.

 

(4)    

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.’.


 
 

Notices of Amendments: 9 October 2013                  

876

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

Community protection notices (dogs)

 

Angela Smith

 

NC17

 

To move the following Clause:—

 

‘(1)    

An authorised person may issue a community protection notice (dogs) to the

 

owner or person for the time being in control of the dog if they have reasonable

 

cause to believe that—

 

(a)    

the dog is not under sufficient control, and

 

(b)    

preventative measures are required to protect the public, the dog itself, or

 

another protected animal.

 

(2)    

An “authorised person” means a police officer, local authority dog warden, or

 

other authorised person.

 

(3)    

A community protection notice (dogs) is a notice that imposes any of the

 

following requirements on the owner or person for the time being in control of the

 

dog—

 

(a)    

a requirement to have the dog microchipped;

 

(b)    

a requirement to obtain third party liability insurance;

 

(c)    

a requirement for the dog to be kept on a leash in public;

 

(d)    

a requirement for the dog to be muzzled in public;

 

(e)    

a requirement for the transferring or relinquishing of ownership of the

 

dog without notifying the enforcing authority.

 

(4)    

A community protection notice may be issued—

 

(a)    

without notice, and

 

(b)    

with immediate effect.

 

(5)    

A person issued with a community protection notice (dogs) who fails to comply

 

with it commits an offence.

 

(6)    

A person guilty of an offence under subsection (5) is liable on summary

 

conviction to a fine not exceeding level 4 on the standard scale.’.

 

Requirement to fit a post box guard where a dog is present

 

Ann Coffey

 

NC18

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall bring forward regulations to require householders to

 

fit a guard to their letterbox if—

 

(a)    

the householder owns a dog,

 

(b)    

the dog is kept in residential premises to which the letterbox is fitted,

 

(c)    

the letterbox opens directly into those premises, and

 

(d)    

a person may reasonably conclude that there is the possibility of the dog

 

causing harm to someone using the letterbox.

 

(2)    

Regulations made under subsection (1) shall include provision in respect of—

 

(a)    

the size and style of the guard to be fitted, and

 

(b)    

the householder to be liable to a civil penalty for any harm caused as a

 

result of failing to comply with this requirement.

 

(3)    

Regulations under this section—

 

(a)    

shall be made by statutory instrument, and


 
 

Notices of Amendments: 9 October 2013                  

877

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(b)    

may not be made unless a draft has been laid before and approved by a

 

resolution of each House of Parliament.’.

 

Jeremy Corbyn

 

95

 

Clause  143,  page  115,  line  26,  leave out ‘the person was innocent of the offence’

 

and insert ‘no reasonable court properly directed as to the law, could convict on the

 

evidence now to be considered.’.

 

Yvette Cooper

 

Mr David Hanson

 

Jack Dromey

 

Diana Johnson

 

Mr Steve Reed

 

Helen Jones

 

Phil Wilson

 

96

 

Schedule  8,  page  155,  line  32,  leave out paragraphs 24 to 27.

 

Miss Anne McIntosh

 

97

 

Clause  98,  page  70,  line  46,  at end insert ‘“dwelling”, for the purposes of section 3,

 

includes enclosed buildings within the curtilage of the dwelling and associated with it,

 

where a person might reasonably expect to find a dog, such as garages, sheds and other

 

outbuildings;’.

 

Miss Anne McIntosh

 

98

 

Clause  98,  page  70,  leave out lines 45 and 46 and insert ‘for the purposes of this Act,

 

“assistance dog” means a dog which has been accredited to assist a disabled person by a

 

prescribed charity or other organisation.’.

 

Miss Anne McIntosh

 

99

 

Clause  99,  page  71,  line  33,  at end add—

 

‘(5)    

After section 7 there is inserted—

 

“7A    

Fit and proper person code of practice

 

(1)    

The Secretary of State must prepare a draft code of practice giving

 

guidance about the matters to be considered when determining whether

 

someone is a fit and proper person for the purposes of sections 1, 4 and

 

4B.

 

(2)    

The Secretary of State must lay before Parliament—

 

(a)    

any draft code of practice prepared under this section; and

 

(b)    

an order to be made by statutory instrument providing for the

 

code to come into force, subject to subsection (4).

 

(3)    

Before preparing such a draft code, the Secretary of State must consult

 

such persons as the Secretary of State thinks appropriate.

 

(4)    

Where a draft is laid before Parliament under subsection (2)(a), if neither

 

House passes a resolution disapproving the draft within 40 days—


 
 

Notices of Amendments: 9 October 2013                  

878

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(a)    

the Secretary of State may issue the code in the form of the draft;

 

and

 

(b)    

it shall come into force in accordance with provision made under

 

subsection (2)(b).”.’.

 

.

 

Written control notice

 

Miss Anne McIntosh

 

NC19

 

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) 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 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.

 

(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 wild state.


 
 

Notices of Amendments: 9 October 2013                  

879

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(7)    

A person served with a dog control notice may appeal against the notice to a

 

magistrates’ court within the period of 14 days beginning with the date on which

 

that person was served with the notice.

 

(8)    

The grounds on which a person served such a notice may appeal are one or more

 

of the following—

 

(a)    

that the notice contains required steps which are unreasonable in

 

character, or extent, or are unnecessary; or

 

(b)    

that there has been some defect or error in, or in connection with, the

 

notice.

 

(9)    

On hearing of the appeal the court may—

 

(a)    

quash the dog control notice to which the appeal relates; or

 

(b)    

vary the notice in such a manner as it thinks fit; or

 

(c)    

dismiss the appeal.’.

 

Functions of Scottish Ministers under Firearms Acts

 

Secretary Theresa May

 

NC20

 

To move the following Clause:—

 

‘(1)    

In section 5 of the Firearms Act 1968 (weapons subject to general prohibition)—

 

(a)    

in subsections (1) and (1A), for the words between “commits an offence

 

if,” and “, he has in his possession” there is substituted “without

 

authority”;

 

(b)    

in subsection (4), for the words from the beginning to “the Scottish

 

Ministers” there is substituted “An authority shall be subject to

 

conditions specified in it, including such as the Secretary of State or the

 

Scottish Ministers (as appropriate)”;

 

(c)    

in subsection (6), for the words before “revoke an authority” there is

 

substituted “The Secretary of State or the Scottish Ministers (as

 

appropriate) may at any time, if they think fit,”.

 

(2)    

In section 5A of that Act (exemptions from requirement of authority under

 

section 5)—

 

(a)    

in subsections (1), (2)(a), (2)(b), (3), (4), (5), (6) and (7), for “or the

 

Scottish Ministers (by virtue of provision made under section 63 of the

 

Scotland Act 1998)” there is substituted “or the Scottish Ministers”;

 

(b)    

in subsection (6), for the words after “without the authority of the

 

Secretary of State” there is substituted “or the Scottish Ministers (as

 

appropriate)”.

 

(3)    

In the Firearms (Amendment) Act 1997—

 

(a)    

in sections 2, 3, 4, 5, 6, 7(1) and 8 (exemptions from prohibition on small

 

firearms etc), for “The authority of the Secretary of State or the Scottish

 

Ministers (by virtue of provision made under section 63 of the Scotland

 

Act 1998)” there is substituted “The authority of the Secretary of State or

 

the Scottish Ministers”;

 

(b)    

in section 7(3), for the words “or the Scottish Ministers (by virtue of

 

provision made under section 63 of the Scotland Act 1998)”, in the first

 

place where they occur, there is substituted “or the Scottish Ministers”.

 

(4)    

In the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.)

 

Order 1999 (S.I. 1999/1750)—

 

(a)    

in Schedule 1, in the entry for the Firearms Act 1968, the words “5 and”

 

are omitted;


 
 

Notices of Amendments: 9 October 2013                  

880

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(b)    

in Schedule 5, paragraph 3 and paragraph 18(2) to (6), (7)(a) and (8) are

 

omitted.’.

 

Secretary Theresa May

 

100

 

Clause  100,  page  71,  line  37,  leave out ‘follows’ and insert ‘set out in subsections

 

(2) to (6)’.

 

Secretary Theresa May

 

101

 

Clause  100,  page  72,  line  2,  leave out from ‘without’ to end of line at line 4 and

 

insert ‘authority’.

 

Secretary Theresa May

 

102

 

Clause  100,  page  72,  line  12,  at end insert—

 

‘( )    

For subsection (3) of that section there is substituted—

 

“(3)    

In this section “authority” means an authority given in writing by—

 

(a)    

the Secretary of State (in or as regards England and Wales), or

 

(b)    

the Scottish Ministers (in or as regards Scotland).”’.

 

Secretary Theresa May

 

103

 

Clause  100,  page  72,  line  12,  at end insert—

 

‘( )    

In section 5A (exemptions from requirement of authority under section 5)—

 

(a)    

in subsections (1), (3), (4), (5), (6) and (7), the words “subsection (1A)

 

of” are omitted;

 

(b)    

in subsections (1) and (3), for “any prohibited weapon or ammunition”

 

there is substituted “any weapon, ammunition or missile specified in

 

subsection (1A) of that section”.’.

 

Secretary Theresa May

 

104

 

Clause  100,  page  72,  line  30,  at end insert—

 

‘( )    

In section 1 of the Firearms (Amendment) Act 1997 (extension of section 5 of the

 

1968 Act to prohibit certain small firearms etc), after subsection (7) there is

 

inserted—

 

“(7A)    

In sections 2 to 7 below any reference to subsection (1)(aba) of section 5

 

of the 1968 Act shall include a reference to subsection (2A) of that

 

section as it applies in relation to a firearm specified in subsection

 

(1)(aba) of that section.

 

(7B)    

In section 8 below the reference to subsection (1)(aba), (b) or (c) of

 

section 5 of the 1968 Act shall include a reference to subsection (2A) of

 

that section as it applies in relation to any weapon or ammunition

 

specified in subsection (1)(aba), (b) or (c) of that section.”’.


 
 

Notices of Amendments: 9 October 2013                  

881

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

Secretary Theresa May

 

105

 

Clause  151,  page  120,  line  23,  after ‘100’ insert ‘, [Functions of Scottish Ministers

 

under Firearms Acts]’.

 

 

NOTICES WITHDRAWN

 

The following Notices were withdrawn on: 9 October 2013

 

 

NC13

 


 
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