House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Consideration of Bill: 14 October 2013
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Anti-social Behaviour, Crime and Policing Bill, continued

(c)
where the application is made by the Chief Constable of the

Police Service of Northern Ireland, any court of summary

jurisdiction.”


In section 126 (interim RSHOs), in subsection (2)(b), for “the person who has

made that application” there is substituted “the Chief Constable of the Police

Service of Northern Ireland”.

    (1)
Section 127 (RSHOs and interim RSHOs) is amended as follows.

      (2)
In subsection (1), for “the Crown Court” there is substituted “a county court”.

      (3)
In subsection (2), for “the Crown Court” there is substituted “the county

court”.

      (4)
For subsection (3) there is substituted—

“(3)
Any order made by a county court on an appeal under subsection (1)(a)

or (b) (other than an order directing that an application be re-heard by

a court of summary jurisdiction) is for the purposes of section 125(7)

or 126(5) (respectively) to be treated as if it were an order of the court

from which the appeal was brought (and not an order of the county

court).”

    (1)
Section 128 (offence: breach of RSHO or interim RSHO) is amended as

follows.

      (2)
In the heading, after “interim RSHO” there is inserted “etc”.

      (3)
For subsections (1) and (1A) there is substituted—

“(1)
A person who, without reasonable excuse, does anything that the

person is prohibited from doing by—

(a)
a risk of sexual harm order,

(b)
an interim risk of sexual harm order,

(c)
a sexual risk order,

(d)
an interim sexual risk order,

(e)
an order under section 2 of the Protection of Children and

Prevention of Sexual Offences (Scotland) Act 2005 (risk of

sexual harm orders in Scotland), or

(f)
an order under section 5 of that Act (interim risk of sexual

harm orders in Scotland),


commits an offence.”

    (1)
Section 129 (effect of conviction etc of an offence under section 128) is

amended as follows.

      (2)
In the heading, after “section 128” there is inserted “etc”

      (3)
In subsection (1A)(a), after “an offence under section” there is inserted “122H

or”.

      (4)
For subsection (5) there is substituted—

“(5)
In this section “relevant order” means—

(a)
where the conviction, finding or caution within subsection (1)

is in respect of a breach of a risk of sexual harm order or a

sexual risk order, that order;

(b)
where the conviction, finding or caution within subsection (1)

is in respect of a breach of an interim risk of sexual harm order

or an interim sexual risk order, any risk of sexual harm order

or sexual risk order made on the hearing of the application to

which the interim order relates or, if no such order is made, the

interim order.

(6)
In subsection (5)—

Consideration of Bill: 14 October 2013
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“risk of sexual harm order” includes an order under section 2 of the

Protection of Children and Prevention of Sexual Offences (Scotland)

Act 2005;

“interim risk of sexual harm order” includes an order under section 5 of

that Act.”

      (1)
Section 133 of that Act (Part 2: general interpretation) is amended as follows.

      (2)
In subsection (1), at the appropriate places there is inserted—

““interim sexual harm prevention order” has the meaning given by

section 103F(2);”;

““interim sexual risk order” has the meaning given by section 122E(2);”;

““prohibition on foreign travel” has the meaning given by section

103D(2) or 122C(2);”;

““sexual harm prevention order” has the meaning given by section

103A(1);”;

““sexual risk order” has the meaning given by section 122A(1);”.

<\t< 0>
In section 136 of that Act (Part 2: Northern Ireland), for subsection (8) there is

substituted—

“(8)
The reference in section 101 to the Crown Court is to be read as a

reference to a county court.”

Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)

      (1)
Section 7 of the Protection of Children and Prevention of Sexual Offences

(Scotland) Act 2005 (offence: breach of RSHO or interim RSHO) is amended

as follows.

      (2)
In the heading, after “interim RSHO” there is inserted “etc”.

      (3)
In subsection (2), after “an order made under” there is inserted “section 122A

or 122E or”.

      (1)
Section 8 of that Act (effect of conviction etc under section 7 of that Act or

section 128 of the Sexual Offences Act 2003) is amended as follows.

      (2)
In the heading, after “or section” there is inserted “122H or”.

      (3)
In subsection (1)(a), for the words after “an offence under section 7 above”

there is substituted “, section 122H of the 2003 Act (breach of sexual risk order

or interim sexual risk order in England and Wales) or section 128 of that Act

(breach of risk of sexual harm order or interim risk of sexual harm order in

Northern Ireland)”.

      (4)
In subsection (1)(b), after “an offence under section” there is inserted “122H

or”.

      (5)
In the definition of “relevant order” in subsection (5)—

(a)
in paragraph (a), for “section 123” there is substituted “an order under

section 122A or section 123”;

(b)
in paragraph (b), after “a breach of” there is inserted “a sexual risk

order under section 122A of the 2003 Act or”;

(c)
for paragraphs (c) and (d) there is substituted—

“(c)
where the conviction or finding referred to in

subsection (1)(a), (c) or (d) above is in respect of a

breach of an interim risk of sexual harm order under

section 5 above or an interim order under section

122E or 126 of the 2003 Act—

(i)
any risk of sexual harm order or sexual risk

order made upon the application to which the

interim order relates; or

Consideration of Bill: 14 October 2013
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(ii)
if no risk of sexual harm order or sexual risk

order has been made, the interim order;

(d)
where the caution referred to in subsection (1)(b)

above is in respect of a breach of an interim order

under section 122E or 126 of the 2003 Act—

(i)
any order under section 122A or 123 of that

Act made upon the application to which the

interim order relates; or

(ii)
if no order under section 122A or 123 of that

Act has been made, the interim order.”

Violent Crime Reduction Act 2006 (c. 38)


In section 56 of the Violent Crime Reduction Act 2006 (cross-border

provisions relating to sexual offences), subsection (2) is repealed.’.

Secretary Theresa May

83

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

‘Police Act 1997 (c. 50)

<\t< 0>
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),”.’.

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)

Consideration of Bill: 14 October 2013
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Secretary Theresa May

87

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

<\t< 0>
‘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—

<\t< 0>
‘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”.

      (4)
In subsection (6), for the words before “before the person is extradited” there

is substituted “Notice of application for leave to appeal on human rights

grounds given after the end of the permitted period must be given”.

      (5)
In subsection (7)—

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

leave to appeal”;

(b)
for “consider the appeal” there is substituted “grant leave”;

(c)
for “to consider the appeal” there is substituted “for the appeal to be

heard”.

      (6)
In subsection (8), for ““appeal on human rights grounds” means an appeal”

there is substituted ““to appeal on human rights grounds” means to appeal”.’.

Secretary Theresa May

90

Schedule  8,  page  165,  line  26,  at end insert—

<\t< 0>
In section 110 of that Act (appeal against discharge by Secretary of State), in

subsection (5), for “Notice of an appeal” there is substituted “Notice of

application for leave to appeal”.’.

Consideration of Bill: 14 October 2013
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Anti-social Behaviour, Crime and Policing Bill, continued

Secretary Theresa May

91

Schedule  8,  page  166,  line  33,  at end insert—

‘Part 4

Amendments consequential on establishment of Police Service of Scotland

Terrorism Act 2000 (c. 11)

    (1)
Schedule 8 to the Terrorism Act 2000 (detention) is amended as follows.

      (2)
In paragraph 20B(10), for paragraph (b) of the definition of “a specified chief

officer of police” there is substituted—

“(b)
the chief constable of the Police Service of Scotland,

where—

(i)
the person who provided the material, or from

whom it was taken, resides in Scotland, or

(ii)
the chief constable believes that the person is in, or

is intending to come to, Scotland.”

      (3)
In paragraph 20J—

(a)
for paragraphs (d) and (e) of the definition of “police force” there is

substituted—

“(d)
the Police Service of Scotland;

(e)
the Scottish Police Authority;”;

(b)
in the second of the three definitions of “responsible chief officer of

police”, for the words after “the chief constable of” there is substituted

“the Police Service of Scotland”.

Counter-Terrorism Act 2008 (c. 28)


In section 18D of the Counter-Terrorism Act 2008 (use of retained material),

in subsection (2) for “the Scottish Police Services Authority” there is

substituted “the Scottish Police Authority”.


In section 18E(1) of that Act (interpretation of sections 18 to 18E), for

paragraph (d) of the definition of “police force” there is substituted—

“(d)
the Police Service of Scotland;”.’.

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—

Consideration of Bill: 14 October 2013
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Anti-social Behaviour, Crime and Policing Bill, continued

“(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

Luciana Berger

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

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.

Consideration of Bill: 14 October 2013
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Anti-social Behaviour, Crime and Policing Bill, continued

(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;

(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—



© Parliamentary copyright	Revised 14 October 2013