Anti-social Behaviour, Crime and Policing Bill

Page 1, line 8, leave out from “in” to end of line 9 and insert “anti-social behaviour.

( )   Anti-social behaviour is—

(a)   conduct that has caused, or likely to cause, harassment, alarm or
distress to any person, or

(b)   in the case of an application for an injunction under this section by
a housing provider, conduct capable of causing nuisance or
annoyance to any person.”

Insert the following new Clause—

“PART 1A

LITTERING FROM VEHICLES

Civil penalty for littering from vehicles

(1)   A littering contravention in relation to a vehicle occurs when a person
inside the vehicle acts in contravention of section 87 of the Environmental
Protection Act 1990 (offence of leaving litter).

(2)   A civil enforcement officer may impose a civil penalty if a littering
contravention under subsection (1) has taken place.

(3)   The registered keeper of the vehicle shall for the purposes of section 87 of
the Environmental Protection Act 1990 be treated as knowingly causing the
littering contravention whether or not he gave any instruction for this to be
done and shall be the recipient for a civil penalty under subsection (2).

(4)   A civil penalty is not payable under this section by the owner of a vehicle
if that vehicle is—

(a)   a public service vehicle, within the meaning of the Public Passenger
Vehicles Act 1981;

(b)   a hackney carriage licensed under the Town Police Clauses Act
1847 or the Metropolitan Public Carriage Act 1869;

(c)   a vehicle licensed under section 48 of the Local Government
(Miscellaneous Provisions) Act 1976 (licensing of private hire
vehicles);

and the person acting in contravention under this section is a passenger in
that vehicle.

(5)   The amount of a civil penalty under subsection (2) is to be specified in
regulations.

(6)   The procedure for imposing a civil penalty on a person and for recovery of
costs is to be set out in regulations.

(7)   The regulations must, in particular, require the responsible authority to
give the person written notice specifying—

(a)   the amount of the penalty,

(b)   the reasons for imposing it, and

(c)   the date by which and manner in which it is to be paid.

(8)   Regulations may—

(a)   give a person on whom a civil penalty is imposed a right to appeal
against the decision to an adjudicator;

(b)   specify the grounds on which a person may request an appeal;

(c)   specify the time within which a person must request an appeal;

(d)   make provision for and in connection with the appointment of
adjudicators;

(e)   make further provision about appeals (including provision as to the
powers available on an appeal).

(9)   The registered keeper of the vehicle for the purposes of this section shall be
taken to be the person in whose name the vehicle was registered under the
Vehicle Excise and Registration Act 1994 at the time of the contravention.

(10)   A civil enforcement officer under this section must be—

(a)   an individual employed by the responsible authority, or

(b)   where the authority has made arrangements with any person for
the purposes of this section, an individual employed by that person
to act as a civil enforcement officer.

(11)   A vehicle for the purposes of this section is a motor vehicle as defined in
section 185(1) of the Road Traffic Act 1988.”

Insert the following new Clause—

“PART 10A

FOREIGN ENLISTMENT

Offence of participation in armed conflict against a foreign state at peace with
Her Majesty

In the Foreign Enlistment Act 1870, after section 5, insert—

“5A Participation in armed conflict against a foreign state at peace with
Her Majesty

(1)   It shall be an offence for a British citizen or British subject, without
the licence of Her Majesty, to—

(a)   participate as a combatant in armed conflict against any
foreign state at peace with Her Majesty, or

(b)   induce any other British citizen or British subject to
participate in armed conflict against any foreign state at
peace with Her Majesty.

(2)   It shall be a defence for a British citizen or British subject charged
with an offence under this section to—

(a)   notify the Secretary of State in the Foreign and
Commonwealth Office before such participation in such
armed combat, or

(b)   prove that they acted in self-defence.

(3)   A notification under subsection (2)(a) must be made in writing. The
sharing of any information therein by the Foreign and
Commonwealth Office with other organisations is permitted
notwithstanding any requirements of the Data Protection Acts.

(4)   A person guilty of an offence under this section shall be punishable
by—

(a)   fine and imprisonment, or either of such punishments; and

(b)   forfeiture of any United Kingdom passport held by the
person, or

(c)   deprivation of citizenship under section 40(2) of the British
Nationality Act 1981.””