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Anti-social Behaviour, Crime and Policing Bill

marshalled
list of Amendments
to be moved
on report

The amendments have been marshalled in accordance with the Order of 18th December 2013, as follows—

Clauses 1 to 10
Schedule 1
Clause 11
Schedule 2
Clauses 12 to 86
Schedule 3
Clauses 87 to 96
Schedule 4
Clauses 97 to 105
Schedule 5
Clauses 106 to 120
Schedule 6
Clauses 121 to 138
Schedule 7
Clause 139
Schedule 8
Clauses 140 to 142
Schedule 9
Clauses 143 to 166
Schedule 10
Clauses 167 to 171

[Amendments marked * are new or have been altered]

Clause 1

LORD DEAR

BARONESS MALLALIEU

LORD MACKAY OF CLASHFERN

LORD MORRIS OF ABERAVON

1*

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 is 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 or by a local authority when exercising similar
housing management functions, conduct capable of causing
nuisance or annoyance to any person.”

LORD TAYLOR OF HOLBEACH

2

Page 1, line 8, leave out “capable of causing” and insert “that could reasonably be
expected to cause”

3

Page 2, line 6, leave out paragraph (a)

BARONESS HAMWEE

4

Page 2, line 18, at end insert—

“( )   For the purpose of determining whether the condition mentioned in
subsection (2) is fulfilled, the court shall disregard any act of the
respondent which he or she shows was reasonable in the circumstances.”

5

Page 2, line 18, at end insert—

“( )   It shall be a defence to an application for an injunction under this section
that the respondent acted reasonably in the circumstances.”

LORD TAYLOR OF HOLBEACH

6

Page 2, leave out line 19 and insert “An application for an injunction under this
section must be made to—”

7

Page 2, line 21, at end insert—

“Paragraph (b) is subject to any rules of court made under section 18(1A).”

Clause 7

LORD TAYLOR OF HOLBEACH

8

Page 5, line 6, 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

LORD TAYLOR OF HOLBEACH

9

Page 5, line 31, 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.”

10

Page 5, line 40, leave out from “injunction” to end of line 42

Clause 9

LORD TAYLOR OF HOLBEACH

11

Page 6, line 8, 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.”

Schedule 2

THE EARL OF LISTOWEL

12

Page 138, line 34, leave out paragraph (b)

13

Page 139, line 9, leave out sub-paragraphs (5) and (6)

LORD TAYLOR OF HOLBEACH

14

Page 139, line 31, leave out paragraph (a)

THE EARL OF LISTOWEL

15

Page 147, line 9, leave out paragraphs 14 and 15

Clause 12

LORD TAYLOR OF HOLBEACH

16

Page 6, line 36, at end insert—

“( )   the respondent is aged 18 or over,”

Clause 13

LORD TAYLOR OF HOLBEACH

17

Leave out Clause 13

Clause 17

THE LORD BISHOP OF RIPON AND LEEDS

18

Leave out Clause 17

Clause 18

LORD TAYLOR OF HOLBEACH

19

Page 9, line 36, at end insert—

“(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

LORD TAYLOR OF HOLBEACH

20

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

LORD TAYLOR OF HOLBEACH

21

Page 10, leave out line 4

Clause 21

LORD TAYLOR OF HOLBEACH

22

Page 11, line 38, after “satisfied” insert “, beyond reasonable doubt,”

23

Page 12, line 16, leave out paragraph (a)

BARONESS HAMWEE

24

Page 12, line 20, at end insert—

“( )   For the purpose of determining whether the condition mentioned in
subsection (3) is fulfilled, the court shall disregard any act of the defendant
which he or she shows was reasonable in the circumstances.”

25

Page 12, line 20, at end insert—

“( )   It shall be a defence to an application for an order under this section that
the defendant acted reasonably in the circumstances.”

Clause 22

THE LORD BISHOP OF RIPON AND LEEDS

26

Page 13, line 8, leave out paragraph (a)

Clause 27

LORD TAYLOR OF HOLBEACH

27

Page 15, line 42, after “any” insert “relevant”

28

Page 15, line 42, after “State” insert “under section (Guidance)”

Clause 29

THE LORD BISHOP OF RIPON AND LEEDS

29

Page 17, line 1, leave out paragraph (a)

After Clause 30

LORD TAYLOR OF HOLBEACH

30

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

LORD TAYLOR OF HOLBEACH

31

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.”

BARONESS SMITH OF BASILDON

LORD ROSSER

32

Leave out Clause 32

Clause 34

LORD TAYLOR OF HOLBEACH

33

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.”

Clause 37

THE EARL OF LISTOWEL

34

Page 21, line 23, after “person” insert “over-18”

35

Page 21, line 27, at end insert—

“(2A)    A person under-18 guilty of an offence under subsection (1) is liable on
conviction to—

(a)   a fine not exceeding level 4 on the standard scale; or

(b)   being made subject to a supervision order or being made subject to
a youth rehabilitation order.”

After Clause 38

LORD TAYLOR OF HOLBEACH

36

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

LORD TAYLOR OF HOLBEACH

37

Page 26, line 9, leave out subsections (3) and (4)

38

Page 26, line 22, leave out “also”

39

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

Clause 47

LORD TAYLOR OF HOLBEACH

40

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)”

41

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

LORD TAYLOR OF HOLBEACH

42

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

43

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).”

44

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

45

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

After Clause 52

LORD TAYLOR OF HOLBEACH

46

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

LORD GREAVES

47*

Page 32, line 36, at end insert—

“( )   A public space protection order on land which has the status of—

(a)   a town or village green or forms part of such a green,

(b)   access land under Part I of the Countryside and Rights of Way Act
2000, or

(c)   a footpath, bridleway, restricted byway or byway open to all traffic
that is shown in a definitive map and statement of rights of way
under Part III of the Wildlife and Countryside Act 1981,

shall not restrict those rights that are conferred on persons by virtue of that
status.”

LORD TAYLOR OF HOLBEACH

48

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

Clause 56

LORD TAYLOR OF HOLBEACH

49

Page 33, line 25, leave out subsection (5)

Clause 57

LORD TAYLOR OF HOLBEACH

50

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

Clause 62

LORD TAYLOR OF HOLBEACH

51

Page 38, line 1, 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

LORD TAYLOR OF HOLBEACH

52

Page 40, line 7, leave out subsection (2)

After Clause 66

LORD TAYLOR OF HOLBEACH

53

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.

(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,

54

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—


30

(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—

(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.”

LORD GREAVES

[As an amendment to Amendment 54]

55*


Line 30, after “publishing” insert “and publicising”

LORD TAYLOR OF HOLBEACH

56

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
9this 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.”

LORD GREAVES

[As an amendment to Amendment 56]

57*


Line 9, at end insert—

“(c)   guidance to persons or bodies designated under section (Bodies
other than local authorities with statutory functions in relation to land
).”

Clause 67

LORD TAYLOR OF HOLBEACH

58

Page 40, line 21, after “London” insert “(in its capacity as a local authority)”

59

Page 40, line 28, leave out from “permission” to end of line 29

60

Page 40, line 30, 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.”

61

Page 40, line 31, leave out subsection (2)

Clause 69

BARONESS HAMWEE

62

Page 41, line 37, leave out “habitually”

Clause 72

LORD TAYLOR OF HOLBEACH

63

Page 43, line 39, leave out “an employee” and insert “a representative”

64

Page 43, line 41, leave out “employee” and insert “representative”

65

Page 43, line 45, leave out “employee” and insert “representative”

66

Page 44, line 2, leave out “employee” and insert “representative”

67

Page 44, line 7, leave out “employee” and insert “representative”

68

Page 44, line 11, leave out “employee” and insert “representative”

69

Page 44, line 12, leave out “employee” and insert “representative”

70

Page 44, line 14, at end insert—

“( )   In this section “representative”, in relation to a local authority, means—

(a)   an employee of the authority, or

(b)   a person, or employee or a person, acting on behalf of the
authority.”

Clause 74

BARONESS HAMWEE

71

Page 45, line 26, after “in” insert “or who lives in”

Clause 75

BARONESS HAMWEE

72

Page 46, line 11, after “in” insert “or who lives in”

Clause 76

BARONESS HAMWEE

73

Page 46, line 32, after “in” insert “or who lives in”

Clause 77

BARONESS HAMWEE

74

Page 47, line 21, after “order” insert “or as to the extent of the building or structure
to which the order has been applied”

75

Page 47, line 24, after “in” insert “or who lives in”

After Clause 83

LORD TAYLOR OF HOLBEACH

76

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 their representatives (within the
meaning of section 72).

(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 86

LORD TAYLOR OF HOLBEACH

77

Page 53, line 31, leave out “is capable of causing” and insert “could reasonably be
expected to cause”

78

Page 53, line 35, leave out “is capable of causing” and insert “could reasonably be
expected to cause”

Clause 89

LORD TAYLOR OF HOLBEACH

79

Page 58, line 39, leave out “is capable of causing” and insert “could reasonably be
expected to cause”

80

Page 58, line 44, leave out “is capable of causing” and insert “could reasonably be
expected to cause”

Clause 93

LORD TAYLOR OF HOLBEACH

81

Page 64, line 28, at end insert—

“( )   consultation with the local authority for any part of the area,”

82

Page 64, line 41, leave out “capable of causing” and insert “that could reasonably
be expected to cause”

83

Page 65, line 3, at end insert—

“local authority” means—

(a)   in relation to England, a district council, a county council for
an area for which there is no district council, a London
borough council, the Common Council of the City of
London or the Council of the Isles of Scilly;

(b)   in relation to Wales, a county council or a county borough
council;”

Clause 94

LORD TAYLOR OF HOLBEACH

84

Page 65, line 40, leave out “capable of causing” and insert “that could reasonably
be expected to cause”

After Clause 97

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

85*

Insert the following new Clause—

“Proxy purchasing of tobacco products on behalf of children

(1)   A person commits an offence if he buys or attempts to buy a tobacco
product or cigarette papers on behalf of a person under the age of 18.

(2)   A person guilty of an offence under subsection (1) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.”

THE EARL OF LISTOWEL

86*

Insert the following new Clause—

“Provision of youth services

Local Authorities are obliged to provide youth services to prevent young
people becoming involved in anti-social behaviour.”

After Clause 104

LORD FOULKES OF CUMNOCK

BARONESS SMITH OF BASILDON

LORD ROSSER

87*

Insert the following new Clause—

“Assault on workers in public facing roles

(1)   A person, being a member of the public, who assaults a worker—

(a)   in the course of that worker’s employment, or

(b)   by reason of that worker’s employment, commits an offence.

(2)   No offence is committed—

(a)   under subsection (1)(a) unless the person who assaults knows or
ought to know that the worker is acting in the course of the
worker’s employment;

(b)   under subsection (1)(b) unless the assault is motivated, in whole or
in part, by malice towards the worker by reason of the worker’s
employment.

(3)   In this section—

“worker” means a person whose employment involves dealing with
members of the public, to any extent, but only if that employment
involves—

(a)   being physically present in the same place and at the same
time as one or more members of the public; and

(b)   interacting with those members of the public for the
purposes of the employment; or providing a service to
either particular members of the public or the public
generally,

“employment” in this context means any paid or unpaid work
whether under a contract, apprenticeship, or otherwise.

(4)   Evidence from a single source is sufficient evidence to establish for the
purpose of subsection (1) whether a person is a worker.

(5)   A person guilty of an offence under this Act is liable, on summary
conviction, to imprisonment for a period not exceeding 12 months or to a
fine not exceeding level 5 on the standard scale.”

Clause 110

LORD TAYLOR OF HOLBEACH

88

Page 81, line 21, leave out “2” and insert “7”

After Clause 110

LORD MARLESFORD

89

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, and
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.””

Before Clause 111

LORD HARRIS OF HARINGEY

90

Insert the following new Clause—

“Local community safety plans

In section 6 of the Crime and Disorder Act 1998 (formulation and
implementation of strategies) after subsection (1A) insert—

“(1B)    In exercising functions under subsection (1), each of the responsible
authorities for a local government area must set out their approach
to making use of the powers conferred by Parts 1 to 5 of the Anti-
social Behaviour, Crime and Policing Act 2014.””

91

Insert the following new Clause—

“Policing and crime plans

In section 7(2)(b) of the Police Reform and Social Responsibility Act 2011
(police and crime plans) after “crime and disorder reduction in that area”
insert “including their objectives for the powers conferred by Parts 1 to 5 of
the Anti-social Behaviour, Crime and Policing Act 2014”.”

92

Insert the following new Clause—

“Crime and disorder reduction: development control

(1)   The Secretary of State shall designate a body representative of chief officers
of police for the purposes of this section.

(2)   A body designated under this section shall publish guidelines that specify
for a particular type of development the measures that should be included
in that development to promote—

(a)   crime and disorder reduction, and

(b)   the prevention of anti-social behaviour.

(3)   Guidelines under this section shall only be produced following
consultation with organisations that represent—

(a)   local authorities, and

(b)   persons engaged in the design and construction of developments
requiring planning permission.

(4)   A planning authority may, in respect of any application that it receives for
planning permission, specify as a condition for the approval of that
planning permission that the development concerned must follow
guidelines published under this section.

(5)   A planning authority may only specify a condition under subsection (4) if
it is satisfied that to do so would promote—

(a)   crime and disorder reduction, or

(b)   the prevention of anti-social behaviour.”

After Clause 131

LORD MARLESFORD

93

Insert the following new Clause—

“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.”

After Clause 142

BARONESS HENIG

LORD STEVENS OF KIRKWHELPINGTON

94

Insert the following new Clause—

“Amendments to the licensing regime for private security businesses

(1)   Sections 42 and 43 of, and Schedule 1 to, the Crime and Security Act 2010
are repealed.

(2)   The Private Security Industry Act 2001 is amended as follows.

(3)   After section 4 there is inserted—

“4A Requirement to license businesses undertaking work for or on
behalf of public authorities

(1)   It shall be an offence for a business to engage in any licensable
conduct except under and in accordance with a license.

(2)   A business engages in licensable conduct if it—

(a)   is contracted with a public authority, or

(b)   seeks contracts with a public authority,

to undertake any of the activities contained in Schedule 2, or acts as
a sub-contractor to another business which meets the criteria in
paragraph (b) or (c).

(3)   In this section—

“a business” is defined as any body corporate, Scottish
partnership or unincorporated association;

“public authority” is any person certain whose functions are
functions of a public nature.

(4)   The Authority may publish, under section 7(1), different criteria for
businesses as to those it applies to individuals.

(5)   The Authority shall—

(a)   publish a code of conduct for licensed businesses to which
licensed businesses shall be expected to adhere;

(b)   publish a list of sanctions for non-adherence by a licensed
business to the code produced under subsection (5)(a)
which may include, but is not limited to, fines, suspension
of licence, withdrawal of licence and criminal prosecution;

(c)   impose sanctions from the list prepared under subsection
(5)(b) to any business it deems to have breached or failed to
comply with the code produced under subsection (5)(a).”

(4)   In section 11 (appeals in licensing matters), in subsection (1)—

(a)   at the end of paragraph (b), delete “or”, and

(b)   at the end of paragraph (c), insert—

(5)   After section 22 there is inserted—

“22A          Information relating to license holders

(1)   Information held by any person for the purposes of, or for any
purpose connected with, the exercise of functions under this Act—

(a)   may be supplied to any other person for use for any such
purpose, and

(b)   may be supplied to any person having functions in relation
to—

(i)   the enforcement of any other enactment applying to
the operations of a licensed person or licensed
business,

(ii)   offences committed by any person in connection
with or by reason of their doing work to which this
Act applies,

  for use for the purposes of, or for any purpose connected with, those functions.

(2)   Information relating to the operations or licensing of a licensed
person or licensed business which is held by any person for the
purposes of, or for any purpose connected with, such functions as
are mentioned in subsection (1)(b) may be supplied to any person
having functions under this Act for the purposes of, or for any
purpose connected with, the exercise of those functions.

(3)   Information supplied under subsection (2) by or on behalf of the
Commissioners of Inland Revenue or the Commissioners of
Customs and Excise must not be supplied by the recipient to any
other person without the consent of the Commissioners concerned.

(4)   This section—

(a)   has effect notwithstanding any restriction on the disclosure
of information imposed by any enactment or rule of law,
and

(b)   does not limit the circumstances in which information may
be used or supplied apart from this section.

(5)   In this section “enactment” means and Act of Parliament, an Act of
the Scottish Parliament or any Northern Ireland legislation or any
instrument made under or having effect by virtue of an Act of
Parliament, an Act of the Scottish Parliament or any Northern
Ireland legislation.

(6)   References in this section to a person having functions of any
description include references to any person providing, or
employed in the provision of, services for that person in connection
with those functions.””

Clause 166

LORD TAYLOR OF HOLBEACH

95

Page 132, line 24, at end insert “and Schedule 3”

Schedule 10

BARONESS SMITH OF BASILDON

LORD ROSSER

96

Page 189, line 19, leave out paragraphs 24 to 27

Clause 170

LORD TAYLOR OF HOLBEACH

97

Page 134, line 29, leave out subsection (2)

98

Page 134, line 40, at end insert “and Schedule 3”

99

Page 134, line 43, at end insert—

“( )   Different days may be appointed under subsection (1) or (4) for different
purposes or different areas.”

Prepared 7th January 2014