Session 2013 - 14
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Other Bills before Parliament


 
 

Consideration of Bill: 15 October 2013                  

1111

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(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”.’.

 

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.’.


 
 

Consideration of Bill: 15 October 2013                  

1112

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

Miss Anne McIntosh

 

Mrs Mary Glindon

 

Mr Mark Spencer

 

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

 

Mrs Mary Glindon

 

Mr Mark Spencer

 

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

 

Mrs Mary Glindon

 

Mr Mark Spencer

 

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—

 

(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).”.’.

 

.

 


 
 

Consideration of Bill: 15 October 2013                  

1113

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

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.

 

 

ORDER OF THE HOUSE [14 October 2013]

 

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.

 

TABLE

 

Proceedings

Time for conclusion of proceedings

 
 

New Clauses and new Schedules

7.00 pm on the first day

 
 

relating to the protection of persons

  
 

from harm of a sexual nature or

  
 

relating to violent offender orders.

  
 

New Clauses and new Schedules

10.00 pm on the first day

 
 

relating to Parts 1 to 6 or otherwise

  
 

relating to anti-social behaviour;

  
 

amendments to Parts 1 to 6; new

  
 

Clauses and new Schedules relating

  
 

to firearms; amendments to Part 8.

  
 

Remaining New Clauses and new

2.30 pm on the second day

 
 

Schedules, except those relating to

  
 

the control of dogs; amendments to

  
 

Parts 9 to 13.

  
 

New Clauses and new Schedules

4.30 pm on the second day

 
 

relating to the control of dogs;

  
 

amendments to Part 7; remaining

  
 

proceedings on Consideration.

  

 
 

Consideration of Bill: 15 October 2013                  

1114

 

Anti-social Behaviour, Crime and Policing Bill, continued

 
 

3.    

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

 

brought to a conclusion at 5.30 pm on the second day.

 


 
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Revised 15 October 2013