Anti-social Behaviour, Crime and Policing Bill

Amendments
to be moved
in committee

After Clause 109

LORD PANNICK

 

Insert the following new Clause—

“Marital coercion

The defence of marital coercion for a wife charged with an offence other
than treason or murder is hereby abolished.”

Clause 55

LORD GREAVES

 

Page 32, line 8, leave out “two” and insert “three”

 

Page 32, line 17, at end insert—

“(3A)    The third condition is that any inconvenience and reduction in
quality of life that is likely to be caused to users and future users of
the public space by the proposed restrictions is clearly outweighed
by the effect of the activities referred to in the first two conditions.”

 

Page 32, line 38, at end insert—

“( )   the owner of any part of the public space that is not owned by the
local authority;”

 

Page 33, line 6, at end insert—

“(10)   A public spaces protection order may not be made in respect of land
which—

(a)   appears on a register of commons and of town and village greens
maintained by a Commons Registration Authority,

(b)   is access land under the Countryside and Rights of Way Act 2000,

(c)   is a footpath, bridleway, restricted byway or byway open to all
traffic which appears on a definitive map of rights of way, or

(d)   is a cycle path or other way designed for pedestrians or vehicles
used by disabled persons which is financed or maintained by a
public authority, or which was authorised or required by a
planning permission.”

Clause 56

LORD GREAVES

 

Page 33, line 12, leave out “on reasonable grounds”

 

Page 33, line 13, leave out “occurrence or”

 

Page 33, line 15, leave out paragraph (b)

 

Page 33, line 24, at end insert—

“( )   the owner of any part of the public space that is not owned by the
local authority;”

 

Page 33, line 27, leave out paragraph (b)

 

Page 33, line 27, at end insert—

“(c)   the county council where the restricted area that is being proposed
is in an area where there is both a county and a district council;

(d)   a parish council or a Welsh community council where the restricted
area that is being proposed is wholly or partly within its area.”

 

Page 33, line 28, at end insert—

“(6)   A public spaces protection order in respect of a footpath, bridleway,
restricted byway or byway open to all traffic shown on a definitive map of
rights of way shall not continue in force for more than six months from the
date on which it comes into force unless—

(a)   the local authority has reviewed the decision to make the order
under section 55, and

(b)   decided to extend the order under this section.

(7)   In deciding whether to make an extension under subsection (6) a local
authority shall take into account the extent to which conditions in sections
55(2) and (3) still apply, the effects that the order has had, and any
representations made to it.”

 

Page 33, line 28, at end insert—

“(6)   A local authority that is considering whether to extend the duration of a
public spaces protection order must—

(a)   advertise the proposal in such ways as it thinks appropriate to bring
it to the attention of those in the locality and of persons who visit or
use the restricted area that is proposed or might reasonably be
expected to do so, including on the authority’s website;

(b)   make a copy of the proposal available at its offices and in at least
one location that is as local as possible to the restricted area that is
being proposed;

(c)   allow a reasonable period for comments on and objections to the
proposal to be made to the authority;

(d)   allow any person to make representations in person to the authority
as part of its decision-making process.

(7)   A local authority must consider each decision on whether to make or
amend a public spaces protection order in a committee of the authority
meeting in public.”

Clause 57

LORD GREAVES

 

Page 34, line 4, at end insert—

“( )   the owner of any part of the public space that is not owned by the local
authority;”

 

Page 34, line 5, leave out paragraph (b)

 

Page 34, line 6, at end insert—

“(c)   the county council where the restricted area is in an area where
there is both a county and a district council;

(11)   A parish council or a Welsh community council where the restricted area is
wholly or partly within its area.”

 

Page 34, line 10, at end insert—

“( )   A local authority that is considering whether to vary or discharge a public
spaces protection order under this section must—

(a)   advertise the proposal in such ways as it thinks appropriate to bring
it to the attention of those in the locality and of persons who visit or
use the restricted area that is proposed or might reasonably be
expected to do so, including on the authority’s website;

(b)   make a copy of the proposal available at its offices and in at least
one location that is as local as possible to the restricted area that is
being proposed;

(c)   allow a reasonable period for comments on and objections to the
proposal to be made to the authority;

(d)   allow any person to make representations in person to the authority
as part of its decision-making process.

( )   A local authority must consider each decision on whether to vary or
discharge a public spaces protection order in a committee of the authority
meeting in public.”

Clause 61

LORD GREAVES

 

Page 36, line 37, at end insert—

“( )   a way shown in a definitive map and statement as a footpath,
bridleway, restricted byway or byway open to all traffic;”

Clause 62

LORD GREAVES

 

Page 37, line 7, leave out “An interested” and insert “A”

 

Page 37, leave out lines 10 and 11

Prepared 5th November 2013