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


 
 

5

28

Page 26, line 25, leave out subsection (6)

Clause 47

29

Page 27, line 25, leave out “to a constable as soon as reasonably practicable” and

 

insert “as soon as reasonably practicable—

 

(a)    

to a constable, or

 

(b)    

to a person employed by a local authority or designated by a local

 

authority under section 50(1)(c)”

30

Page 27, line 34, at end insert—

 

“( )    

Where an item ordered to be forfeited under this section is kept by or

 

handed over to a person within subsection (2)(b), the local authority by

 

whom the person is employed or was designated must ensure that

 

arrangements are made for its destruction or disposal, either—

 

(a)    

in accordance with the order, or

 

(b)    

if no arrangements are specified in the order, in whatever way

 

seems appropriate to the local authority.”

Clause 48

31

Page 27, line 41, after “constable” insert “or designated person”

32

Page 27, line 42, at end insert—

 

“( )    

In this section “designated person” means a person designated by a local

 

authority under section 50(1)(c).”

33

Page 28, line 1, after “constable” insert “or designated person”

34

Page 28, line 3, after “constable” insert “or designated person”

After Clause 52

35

Insert the following new Clause—

 

“Guidance

 

(1)    

The Secretary of State may issue—

 

(a)    

guidance to chief officers of police about the exercise, by officers

 

under their direction or control, of those officers’ functions under

 

this Chapter;

 

(b)    

guidance to local authorities about the exercise of their functions

 

under this Chapter and those of persons designated under section

 

50(1)(c).

 

(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 55

36

Page 32, line 37, leave out subsection (7)


 
 

6

 

Clause 56

37

Page 33, line 23, leave out subsection (5)

Clause 57

38

Page 34, line 1, leave out subsections (5) and (6)

Clause 62

39

Page 37, line 37, leave out subsection (7) and insert—

 

“(7)    

An interested person may not challenge the validity of a public spaces

 

protection order, or of a variation of a public spaces protection order, in any

 

legal proceedings (either before or after it is made) except—

 

(a)    

under this section, or

 

(b)    

under subsection (3) of section 63 (where the interested person is

 

charged with an offence under that section).”

Clause 66

40

Page 40, line 1, leave out subsection (2)

After Clause 66

41

Insert the following new Clause—

 

“Bodies other than local authorities with statutory functions in relation to land

 

(1)    

The Secretary of State may by order—

 

(a)    

designate a person or body (other than a local authority) that has

 

power to make byelaws in relation to particular land, and

 

(b)    

specify land in England to which the power relates.

 

(2)    

This Chapter has effect as if—

 

(a)    

a person or body designated under subsection (1) (a “designated

 

person”) were a local authority, and

 

(b)    

land specified under that subsection were within its area.

 

    

But references in the rest of this section to a local authority are to a local

 

authority that is not a designated person.

 

(3)    

The only prohibitions or requirements that may be imposed in a public

 

spaces protection order made by a designated person are ones that it has

 

power to impose (or would, but for section 66, have power to impose) by

 

making a byelaw in respect of the restricted area.

 

(4)    

A public spaces protection order made by a designated person may not

 

include provision regulating, in relation to a particular public space, an

 

activity that is already regulated in relation to that space by a public spaces

 

protection order made by a local authority.

 

(5)    

Where a public spaces protection order made by a local authority regulates,

 

in relation to a particular public space, an activity that a public spaces

 

protection order made by a designated person already regulates, the order

 

made by the designated person ceases to have that effect.


 
 

7

 
 

(6)    

If a person or body that may be designated under subsection (1)(a) gives a

 

notice in writing under this subsection, in respect of land in relation to

 

which it has power to make byelaws, to a local authority in whose area the

 

land is situated—

 

(a)    

no part of the land may form, or fall within, the restricted area of

 

any public spaces protection order made by the local authority;

 

(b)    

if any part of the land—

 

(i)    

forms the restricted area of a public spaces protection order

 

already made by the local authority, or

 

(ii)    

falls within such an area,

 

    

the order has ceases to have effect (where sub-paragraph (i)

 

applies), or has effect as if the restricted area did not include the

 

land in question (where sub-paragraph (ii) applies).”

42

Insert the following new Clause—

 

“Convention rights, consultation, publicity and notification

 

(1)    

A local authority, in deciding—

 

(a)    

whether to make a public spaces protection order (under section 55)

 

and if so what it should include,

 

(b)    

whether to extend the period for which a public spaces protection

 

order has effect (under section 56) and if so for how long,

 

(c)    

whether to vary a public spaces protection order (under section 57)

 

and if so how, or

 

(d)    

whether to discharge a public spaces protection order (under

 

section 57),

 

    

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.

 

(2)    

In subsection (1) “Convention” has the meaning given by section 21(1) of

 

the Human Rights Act 1998.

 

(3)    

A local authority must carry out the necessary consultation and the

 

necessary publicity, and the necessary notification (if any), before—

 

(a)    

making a public spaces protection order,

 

(b)    

extending the period for which a public spaces protection order has

 

effect, or

 

(c)    

varying or discharging a public spaces protection order.

 

(4)    

In subsection (3)—

 

“the necessary consultation” means consulting with—

 

(a)    

the chief officer of police, and the local policing body, for the

 

police area that includes the restricted area;

 

(b)    

whatever community representatives the local authority

 

thinks it appropriate to consult;

 

(c)    

the owner or occupier of land within the restricted area;

 

“the necessary publicity” means—

 

(a)    

in the case of a proposed order or variation, publishing the

 

text of it;

 

(b)    

in the case of a proposed extension or discharge, publicising

 

the proposal;

 

“the necessary notification” means notifying the following authorities

 

of the proposed order, extension, variation or discharge—


 
 

8

 
 

(a)    

the parish council or community council (if any) for the area

 

that includes the restricted area;

 

(b)    

in the case of a public spaces protection order made or to be

 

made by a district council in England, the county council (if

 

any) for the area that includes the restricted area.

 

(5)    

The requirement to consult with the owner or occupier of land within the

 

restricted area—

 

(a)    

does not apply to land that is owned and occupied by the local

 

authority;

 

(b)    

applies only if, or to the extent that, it is reasonably practicable to

 

consult the owner or occupier of the land.

 

(6)    

In the case of a person or body designated under section [Bodies other than

 

local authorities with statutory functions in relation to land], the necessary

 

consultation also includes consultation with the local authority which

 

(ignoring subsection (2) of that section) is the authority for the area that

 

includes the restricted area.

 

(7)    

In relation to a variation of a public spaces protection order that would

 

increase the restricted area, the restricted area for the purposes of this

 

section is the increased area.”

43

Insert the following new Clause—

 

“Guidance

 

(1)    

The Secretary of State may issue—

 

(a)    

guidance to local authorities about the exercise of their functions

 

under this Chapter and those of persons authorised by local

 

authorities under section 59 or 64;

 

(b)    

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 67

44

Page 40, line 15, after “London” insert “(in its capacity as a local authority)”

45

Page 40, line 22, leave out from “permission” to end of line 23

46

Page 40, line 24, at end insert—

 

“( )    

For the purposes of this Chapter, a public spaces protection order

 

“regulates” an activity if the activity is—

 

(a)    

prohibited by virtue of section 55(4)(a), or

 

(b)    

subjected to requirements by virtue of section 55(4)(b),

 

    

whether or not for all persons and at all times.”

47

Page 40, line 25, leave out subsection (2)


 
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