House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Consideration of Bill: 14 October 2013
1055

Anti-social Behaviour, Crime and Policing Bill, continued

“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—

(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.’.

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

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

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

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

(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.

(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.’.

Improving the welfare of seized dogs

Angela Smith

NC29

To move the following Clause:—

‘(1)
Where an expert examination is required for a dog that is alleged to be one to

which section 1 of the Dangerous Dogs Act 1991 applies that examination must

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

be carried out and completed by both the defence and prosecution within 28 days

of seizure of the dog and a written report produced within one week of the

examination.

(2)
If the prosecution or defence fail to carry out the examination as described in

subsection 1 within the requisite period the prosecution or defence, as the case

may be, may not rely in evidence on any expert report involving an examination

of that dog after the 28 day period unless the Court extends this period.

(3)
In considering any application to extend the examination period the Court must

take into account the welfare of the dog, the costs of kennelling the dog and any

other relevant matters.’.

Rehoming of prohibited types of dog

Angela Smith

NC30

To move the following Clause:—

‘(1)
The Dangerous Dogs Act 1991 is amended as follows.

(2)
In section 4B(1)(b) (Destruction orders otherwise than on a conviction) after the

first “owner” there is inserted “or prospective owner”, and after the second

“owner” there is inserted “or prospective owner”.’.

Philip Davies

143

Clause  98,  page  69,  line  43,  leave out subsection 2(a).

Richard Fuller

140

Clause  98,  page  70,  leave out line 3 and insert—

‘(ii)
for “injures any person” there is substituted “injures or kills any

person or assistance dog”.’.

Philip Davies

144

Clause  98,  page  70,  line  6,  after ‘householder’, add ‘or business’.

Philip Davies

145

Clause  98,  page  70,  line  7,  after ‘householder’, add ‘or business’.

Philip Davies

146

Clause  98,  page  70,  line  11,  after ‘(or is both)’, add ‘or in premises used partially or

wholly for business purposes’.

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

Philip Davies

147

Clause  98,  page  70,  line  17,  at end insert—

‘(iii)
D (if not present at any time) could have reasonably believed V

to be in, or entering the building or part as a trespasser if they had

been present.’.

Philip Davies

134

Clause  98,  page  70,  line  23,  at end insert—

‘(1C)
A person (“D”) is not guilty of an offence under subsection (1) in a case where

they, or an associated person, are being attacked by another person or another dog

at the relevant time.

(1D)
A person (“D”) is not guilty of an offence under subsection (1) if they are a vet or

someone working in a veterinary practice at the relevant time.

(1E)
A person (“D”) is not guilty of an offence under subsection (1) if they themselves

are the victim of any incident involving their dog.

(1F)
A person (“D”) is not guilty of an offence under subsection (1) if they are in

charge of a dog they are removing in connection with their work.

(1G)
A person (“D”) is not guilty of an offence under subsection (1) if they are in

charge of a dog they are required to maintain in any police or court proceedings

or if they are assisting the courts as a witness (expert or otherwise).

(1H)
A person (“D”) is not guilty of an offence under subsection (1) if they are in

charge of a dog that they are authorised or required to look after in connection

with their work.

(1I)
A person (“D”) is not guilty of an offence under subsection (1) if they are in

charge of a dog they are looking after by virtue of the dog being in their kennels.

(1J)
A person (“D”) is not guilty of an offence under subsection (1) if the dog is a

police dog or a dog being used in an official capacity to assist with their work.

(1K)
A person (“D”) is not guilty of an offence under subsection (1) if the dog is an

assistance dog.

(1L)
A person (“D”) is not guilty of an offence under subsection (1) if they are

registered blind.

(1M)
A person (“D”) is not guilty of the aggravated offence under subsection (1) if, as

a result of any disability, they were not able to physically prevent the offence.

(1N)
A person (“D”) is not guilty of the aggravated offence under subsection (1) unless

they encouraged the dog in its actions.’.

Tracey Crouch

133

Clause  98,  page  70,  line  28,  at end insert—

‘(2A)
If an owner of a dog, and if different the person for the time being in charge of a

dog unreasonably omits to keep the dog under proper control, or if he causes, or

encourages the dog to attack a protected animal, and any of those things lead to

the injury or death of a protected animal he shall be guilty of an offence.

(2B)
A “protected animal” has the same meaning as in section 2 of the Animal Welfare

Act 2006.’.

Richard Fuller

141

Clause  98,  page  70,  line  28,  at end insert—

‘(iii)
for “two years” there is substituted “fourteen years”.’.

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

Angela Smith

142

Clause  98,  page  70,  line  28,  at end insert—

‘(1C)
In proceedings for an offence under section 3(1) it shall be a defence for the

accused to prove that he took reasonable steps to prevent the dog being

dangerously out of control.’.

Philip Davies

135

Clause  98,  page  70,  line  41,  at end insert—

‘(1B)
Anyone authorised to seize a dog under subsection 1A is exempted from the

provisions of the Dangerous Dogs Act 1991.’.

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

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;’.

Tracey Crouch

132

Clause  98,  page  70,  line  47,  leave out subsection (6)(b).

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—

Consideration of Bill: 14 October 2013
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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).”.’.

.

ORDER OF THE HOUSE [10 June 2013]

That the following provisions shall apply to the Anti-social Behaviour, Crime and

Policing Bill:

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 16 July 2013.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on Consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on Consideration and Third Reading.

Other Proceedings

7.
Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Anti-Social Behaviour, Crime and Policing Bill Programme

(No. 2)

Secretary Theresa May

That the following provisions shall apply to the Anti-social Behaviour, Crime and

Policing Bill, in place of paragraphs (4) and (5) of the Order of 10 June 2013:

1.
Proceedings on Consideration and proceedings on Third Reading shall be

taken in two days in accordance with the following provisions of this Order.

2.
Proceedings on Consideration—

(a)
shall be taken on the days and in the order shown in the Table;

(b)
shall (so far as not previously concluded) be brought to a conclusion

at the times shown.



© Parliamentary copyright	Revised 14 October 2013