Lords amendments to the Anti-social Behaviour, Crime and Policing Bill

House of Commons

Session 2013 - 14
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Lords amendments to the Anti-social Behaviour, Crime and Policing Bill

LORDS amendments to the
Anti-social Behaviour, Crime and Policing Bill
[The page and line references are to HL Bill 52, the bill as first printed for the Lords.]
Clause 1
1
Page 1, line 8, leave out from “in” to end of line 9 and insert “anti-social behaviour.”
2
Page 2, line 4, leave out paragraph (a)
3
Page 2, leave out line 17 and insert “An application for an injunction under this

section must be made to—”
4
Page 2, line 19, at end insert—


“Paragraph (b) is subject to any rules of court made under section 18(1A).”
After Clause 1
5
Insert the following new Clause—

“Meaning of “anti-social behaviour”

(1)
In this Part “anti-social behaviour” means—

(a)
conduct that has caused, or is likely to cause, harassment, alarm or

distress to any person,

(b)
conduct capable of causing nuisance or annoyance to a person in

relation to that person’s occupation of residential premises, or

(c)
conduct capable of causing housing-related nuisance or annoyance

to any person.

(2)
Subsection (1)(b) applies only where the injunction under section 1 is

applied for by—

(a)
a housing provider,

(b)
a local authority, or

(c)
a chief officer of police.

(3)
In subsection (1)(c) “housing-related” means directly or indirectly relating

to the housing management functions of—

Bill 163 55/3

2

(a)
a housing provider, or

(b)
a local authority.

(4)
For the purposes of subsection (3) the housing management functions of a

housing provider or a local authority include—

(a)
functions conferred by or under an enactment;

(b)
the powers and duties of the housing provider or local authority as

the holder of an estate or interest in housing accommodation.”
Clause 7
6
Page 5, line 2, at end insert—

“( )
In subsection (1) “the court” means—

(a)
the court that granted the injunction, except where paragraph (b)

applies;

(b)
the county court, where the injunction was granted by a youth court

but the respondent is aged 18 or over.”
Clause 8
7
Page 5, line 27, leave out paragraphs (b) and (c) and insert—

“(b)
a judge of the county court, if—

(i)
the injunction was granted by the county court, or

(ii)
the injunction was granted by a youth court but the

respondent is aged 18 or over;

(c)
a justice of the peace, if neither paragraph (a) nor paragraph (b)

applies.”
8
Page 5, line 36, leave out from “injunction” to end of line 38
Clause 9
9
Page 6, line 4, leave out paragraphs (b) and (c) and insert—

“(b)
a judge of the county court, if—

(i)
the injunction was granted by the county court, or

(ii)
the injunction was granted by a youth court but the

respondent is aged 18 or over;

(c)
a justice of the peace, if neither paragraph (a) nor paragraph (b)

applies.”
Clause 12
10
Page 6, line 32, at end insert—

“( )
the respondent is aged 18 or over,”
Clause 13
11
Leave out Clause 13
Clause 18
12
Page 9, line 36, at end insert—

3

“(1A)
Rules of court may provide for a youth court to give permission for an

application for an injunction under section 1 against a person aged 18 or

over to be made to the youth court if—

(a)
an application to the youth court has been made, or is to be made,

for an injunction under that section against a person aged under 18,

and

(b)
the youth court thinks that it would be in the interests of justice for

the applications to be heard together.”
After Clause 18
13
Insert the following new Clause—

“Guidance

(1)
The Secretary of State may issue guidance to persons entitled to apply for

injunctions under section 1 (see section 4) about the exercise of their

functions under this Part.

(2)
The Secretary of State may revise any guidance issued under this section.

(3)
The Secretary of State must arrange for any guidance issued or revised

under this section to be published.”
Clause 19
14
Page 10, line 3, leave out “1(2)” and insert “(Meaning of “anti-social behaviour”)”
15
Page 10, leave out line 4
Clause 20
16
Page 11, line 23, leave out “section 13(5)” and insert “subsection (5A)”
17
Page 11, line 26, at end insert—

“(5A)
The provisions referred to in subsection (5)(b) are—

(a)
section 1(6);

(b)
sections 3(2) and 8 (if a power of arrest is attached);

(c)
sections 5 to 7;

(d)
section 9;

(e)
section 10 and Schedule 1;

(f)
section 11 and Schedule 2;

(g)
section 18(1).”
Clause 21
18
Page 11, line 38, after “satisfied” insert “, beyond reasonable doubt,”
19
Page 12, line 16, leave out paragraph (a)
Clause 27
20
Page 15, line 42, after “any” insert “relevant”
21
Page 15, line 42, after “State” insert “under section (Guidance)”

4

After Clause 30
22
Insert the following new Clause—

“Guidance

(1)
The Secretary of State may issue guidance to—

(a)
chief officers of police, and

(b)
the councils mentioned in section 28(2),


about the exercise of their functions under this Part.

(2)
The Secretary of State may revise any guidance issued under this section.

(3)
The Secretary of State must arrange for any guidance issued or revised

under this section to be published.”
Clause 32
23
Page 18, line 38, at end insert—

“( )
In deciding whether to give such an authorisation an officer must have

particular regard to the rights of freedom of expression and freedom of

assembly set out in articles 10 and 11 of the Convention.


“Convention” has the meaning given by section 21(1) of the Human Rights

Act 1998.”
Clause 34
24
Page 20, line 24, at end insert—

“( )
In deciding whether to give a direction under section 33 a constable must

have particular regard to the rights of freedom of expression and freedom

of assembly set out in articles 10 and 11 of the Convention.


“Convention” has the meaning given by section 21(1) of the Human Rights

Act 1998.”
After Clause 38
25
Insert the following new Clause—

“Guidance

(1)
The Secretary of State may issue guidance to chief officers of police about

the exercise, by officers under their direction or control, of those officers’

functions under this Part.

(2)
The Secretary of State may revise any guidance issued under this section.

(3)
The Secretary of State must arrange for any guidance issued or revised

under this section to be published.”
Clause 45
26
Page 26, line 9, leave out subsections (3) and (4)
27
Page 26, line 22, leave out “also”