House of Commons Amendments

Session 2013 - 14
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Other Bills before Parliament

Notices of Amendments: 10 October 2013
946

Anti-social Behaviour, Crime and Policing Bill, continued

Philip Davies

136


Clause  144,  page  116,  line  4,  leave out subsection (2).

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

137


Page  118,  leave out Clause 147.

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

138


Clause  149,  page  119,  leave out line 23.

Secretary Theresa May

63

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

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

Secretary Theresa May

92

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

‘( )
section [Saving and transitional provision];’.

Secretary Theresa May

64

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

Notices of Amendments: 10 October 2013
947

Anti-social Behaviour, Crime and Policing Bill, continued

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.’.

Secretary Theresa May

105

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

under Firearms Acts]’.

Secretary Theresa May

70

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

‘( )
section 114(3);’.

Secretary Theresa May

93

Clause  151,  page  120,  line  31,  at end insert—

‘( )
section [Sexual harm prevention orders and sexual risk orders, etc] and

Schedule [Amendments of Part 2 of the Sexual Offences Act 2003];’.

Secretary Theresa May

71

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

‘( )
section 114(5);’.

Secretary Theresa May

139


Clause  151,  page  120,  line  37,  leave out ‘147’ and insert ‘[Court and tribunal

fees]’.

Notices of Amendments: 10 October 2013
948

Anti-social Behaviour, Crime and Policing Bill, continued

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].’.

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

Notices of Amendments: 10 October 2013
949

Anti-social Behaviour, Crime and Policing Bill, continued

the provision into force subject to whatever consequential amendment or

transitional provision the Secretary of State thinks appropriate.’.

New Clauses and new schedules relating to the control of dogs;

amendments to part 7; remaining proceedings on consideration

Amendment of Breeding of Dogs Act 1973

Mr David Amess

Julie Hilling

NC2

To move the following Clause:—

‘In section 1(4) of the Breeding of Dogs Act 1973 omit subsection (g) and

insert—

“(g)
that bitches do not breed more than two litters per year without an

appropriate licence from the local authority.”.’.

Dog control notices

Mr David Hanson

Phil Wilson

Gloria De Piero

Julie Hilling

Mr Andrew Smith

NC3

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

Notices of Amendments: 10 October 2013
950

Anti-social Behaviour, Crime and Policing Bill, continued

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 a wild state.’.

Dog number control notice

Julie Hilling

Mr Andrew Smith

Paul Goggins

Jim Fitzpatrick

Nic Dakin

Mrs Mary Glindon

Jim Fitzpatrick

Rosie Cooper

Mrs Madeleine Moon

NC6

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;

Notices of Amendments: 10 October 2013
951

Anti-social Behaviour, Crime and Policing Bill, continued

(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.’.

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—

Notices of Amendments: 10 October 2013
952

Anti-social Behaviour, Crime and Policing Bill, continued

(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

Mr Clive Betts

Mr Bob Ainsworth

Graham Stringer

Derek Twigg

Andrew Gwynne

David Heyes

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

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

resolution of each House of Parliament.’.

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



© Parliamentary copyright	Revised 11 October 2013