Anti-social Behaviour, Crime and Policing Bill

SECOND
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 68 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 69

BARONESS SMITH OF BASILDON

LORD ROSSER

61A

Page 41, line 25, at end insert—

“( )   that the use of particular premises has resulted, or (if the notice is
not issued) is likely soon to result, in a sexual offence against a
child,”

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.”

77

[Withdrawn]

78

[Withdrawn]

79

[Withdrawn]

80

[Withdrawn]

Clause 91

LORD TAYLOR OF HOLBEACH

80A

Page 61, line 41, leave out “a person” and insert “an adult”

80B

Page 61, line 42, after “an” insert “indictable”

80C

Page 61, line 44, after “Ground” insert “—

“adult” means a person aged 18 or over;

“indictable offence” does not include an offence that is triable only
summarily by virtue of section 22 of the Magistrates’ Courts Act
1980 (either way offences where value involved is small);”

80D

Page 62, line 7, leave out “a person” and insert “an adult”

80E

Page 62, line 8, after “an” insert “indictable”

80F

Page 62, line 10, after “Ground” insert “—

“adult” means a person aged 18 or over;

“indictable offence” does not include an offence that is triable only
summarily by virtue of section 22 of the Magistrates’ Courts Act
1980 (either way offences where value involved is small);”

BARONESS O’LOAN

BARONESS LISTER OF BURTERSETT

80G

Leave out Clause 91

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

[Withdrawn]

LORD TAYLOR OF HOLBEACH

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;”

84

[Withdrawn]

After Clause 97

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD CARLILE OF BERRIEW

BARONESS FINLAY OF LLANDAFF

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.”

Before Clause 98

BARONESS GALE

BARONESS DONAGHY

86A

Insert the following new Clause—

“Dog control notice

(1)   Where an authorised officer has reasonable cause to believe that a dog is
not under sufficient control and requires greater control in any place, as a
preventative measure to protect the public, the dog itself, or another
protected animal, he or she may serve on the owner, and if different, person
for the time being in charge of the dog a written control notice which—

(a)   states that he or she is of that belief;

(b)   specifies the respects in which he or she believes the owner, and if
different, the person for the time being in charge of the dog is failing
to keep the dog under sufficient control;

(c)   specifies the steps he or she requires the owner, and if different, the
person for the time being in charge of the dog to take in order to
comply with the notice;

(d)   specifies the date by which the terms of the notice must be complied
with; and

(e)   specifies the date that the notice expires which will not be for a
period which exceeds six months.

(2)   In a control notice pursuant to subsection (1)(c) an authorised officer must
require a dog to be microchipped (if not already done) and the owner, and
if different, the person for the time being in charge of the dog, register the
dog with a microchip database, and may require the following steps, where
appropriate, but not limited to—

(a)   keeping the dog muzzled as directed;

(b)   keeping the dog on a lead when in public or under control as
directed;

(c)   requiring the owner, and if different, the person for the time being
in charge of the dog, to seek and implement expert advice about
training and behaviour for the dog;

(d)   having the dog neutered where appropriate; and

(e)   keeping the dog away from particular places or persons.

(3)   Failure to comply with the steps required in a control notice within the time
period specified, to the satisfaction of the authorised officer may lead to a
complaint to a magistrates’ court under section 2 of the Dogs Act 1871.

(4)   The provisions of section 2 of the Dogs Act 1871 shall have effect if the
owner, and if different, the person for the time being in charge of a dog fails
to comply with the steps required in a control notice within the time period
specified in accordance with subsection (3) as they would apply if a dog
was dangerous and not kept under proper control.

(5)   An “authorised officer” is a person that has been appointed by the local
authority or police for the purposes of this Act.

(6)   A “protected animal” is one that is commonly domesticated in the British
Islands, is under the control of man whether on a permanent or temporary
basis, or is not living in a wild state.”

Clause 98

LORD TREES

86B*

Page 71, line 14, at end insert—

“(4B)    If an owner of a dog, and if different the person for the time
being in charge of a dog, unreasonably omits to keep the
dog under proper control, or if he or she causes, or
encourages the dog to attack a protected animal, and any of
those things lead to the injury or death of a protected
animal, he or she shall be guilty of an offence.

(4C)   A “protected animal” has the same meaning as in section 2
of the Animal Welfare Act 2006.”

86C *

Page 71, line 33, leave out paragraph (b)

Before Clause 100

BARONESS SMITH OF BASILDON

LORD ROSSER

86D

Insert the following new Clause—

“Firearms licences: assessing public safety

(1)   The Firearms Act 1968 is amended as follows.

(2)   After section 28A (certificates: supplementary) insert—

“28B          Assessing public safety

(1)   When assessing the threat to public safety under section 27, 28, 30A,
30B or 30C, the Chief Police Officer must ensure that a range of
background checks are performed.

(2)   Where these checks uncover substantiated evidence of violent
conduct, domestic violence, or drug or alcohol abuse, the
presumption is that the Chief Police Officer should refuse the
licence application unless exceptional evidence can be brought
forward by the applicant as to their suitability to possess a weapon.

(3)   When assessing public safety within this section, the Chief Police
Officer must follow any guidance issued by the Secretary of State.”

(3)   After section 113(1) (power of Secretary of State to alter fees) insert—

“(1A)    Before making an order under this section, the Secretary of State
must consult chief police officers to ensure the level of fees collected
by the police under sections 32 and 35 are appropriate after
considering the costs they incur through the administration and
assessment of firearms’ licences made under this Act.””

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 105

LORD TAYLOR OF HOLBEACH

87ZA

Page 76, line 37, after “80” insert “to 85, 86”

87ZB

Page 76, line 38, leave out “136ZB” and insert “136ZD”

87ZC

Page 76, line 41, leave out from “Sections” to “extend” and insert “85A, 96A, 96AA,
110, 117A, 119 and 123 to 129 and Schedule 3A”

87ZD

Page 77, line 3, after “80” insert “to 85, 86”

87ZE

Page 77, line 9, at end insert—

“(3C)    The references to section 96A in subsections (2A) and (3A)
are references respectively to—

(a)   the section 96A inserted by the Criminal Justice Act
(Northern Ireland) 2013, and

(b)   the section 96A inserted by the Police, Public Order
and Criminal Justice (Scotland) Act 2006.”

Schedule 5

LORD TAYLOR OF HOLBEACH

87ZF

Page 154, line 32, leave out “this Schedule” and insert “paragraphs 2 to 6”

87ZG

Page 156, line 7, leave out “whose commission area” and insert “acting for a local
justice area that”

87ZH

Page 156, line 13, at end insert—

“( )   Where the defendant is a child, a reference in this section to a
magistrates’ court is to be taken as referring to a youth court
(subject to any rules of court made under section 103K(1)).”

87ZJ

Page 160, line 7, at end insert—

“( )   In subsection (5) “the public”, “sexual harm”, “child” and
“vulnerable adult” each has the meaning given in section
103B(1).”

87ZK

Page 160, line 20, leave out first “a” and insert “an adult”

87ZL

Page 160, line 20, leave out second “a” and insert “an adult”

87ZM

Page 160, line 23, after first “any” insert “adult”

87ZN

Page 160, line 23, leave out “whose commission area” and insert “acting for a local
justice area that”

87ZP

Page 160, line 25, after “order” insert “and the defendant is under the age of 18”

87ZQ

Page 160, line 28, leave out “whose commission area” and insert “acting for a local
justice area that”

87ZR

Page 160, line 29, at end insert—

“( )   where a youth court made the order and the defendant is
aged 18 or over, an adult magistrates’ court for the area in
which the defendant resides or, where the application is
made by a chief officer of police, any adult magistrates’
court acting for a local justice area that includes any part
of the chief officer’s police area.

In this subsection “adult magistrates’ court” means a
magistrates’ court that is not a youth court.”

87ZS

Page 163, line 10, at end insert—

“103K           SHPOs and interim SHPOs: supplementary

(1)   Rules of court—

(a)   may provide for a youth court to give permission for an
application under section 103A(4) against a person aged
18 or over to be made to the youth court if—

(i)   an application to the youth court has been made,
or is to be made, under that section against a
person aged under 18, and

(ii)   the youth court thinks that it would be in the
interests of justice for the applications to be heard
together;

(b)   may, in relation to a person attaining the age of 18 after
proceedings against that person by virtue of section 103A,
103E, 103F or 103G(6) or (7) have begun—

(i)   prescribe circumstances in which the proceedings
may or must remain in the youth court;

(ii)   make provision for the transfer of the proceedings
from the youth court to a magistrates’ court that is
not a youth court (including provision applying
section 103F with modifications).

(2)   A person’s age is treated for the purposes of sections 103A to 103J
and this section as being that which it appears to the court to be
after considering any available evidence.”

87ZT*

Page 163, line 34, leave out “whose commission area” and insert “acting for a local
justice area that”

87ZU

Page 164, line 36, at end insert—

“( )   Where the defendant is a child, a reference in that section to a
magistrates’ court is to be taken as referring to a youth court
(subject to any rules of court made under section 122K(1)).”

87ZV

Page 166, leave out lines 29 to 34 and insert—

“(a)   where an adult magistrates’ court made the sexual risk
order, that court, any adult magistrates’ court for the area
in which the defendant resides or, where the application
is made by a chief officer of police, any adult magistrates’
court acting for a local justice area that includes any part
of the chief officer’s police area;

(b)   where a youth court made the order and the defendant is
under the age of 18, that court, a youth court for the area
in which the defendant resides or, where the application
is made by a chief officer of police, any youth court acting
for a local justice area that includes any part of the chief
officer’s police area;

(c)   where a youth court made the order and the defendant is
aged 18 or over, an adult magistrates’ court for the area in
which the defendant resides or, where the application is
made by a chief officer of police, any adult magistrates’
court acting for a local justice area that includes any part
of the chief officer’s police area.

In this subsection “adult magistrates’ court” means a
magistrates’ court that is not a youth court.”

87ZW

Page 169, line 41, at end insert—

“122K           Sexual risk orders and interim sexual risk orders:
supplementary

(1)   Rules of court—

(a)   may provide for a youth court to give permission for an
application under section 122A against a person aged 18
or over to be made to the youth court if—

(i)   an application to the youth court has been made,
or is to be made, under that section against a
person aged under 18, and

(ii)   the youth court thinks that it would be in the
interests of justice for the applications to be heard
together;

(b)   may, in relation to a person attaining the age of 18 after
proceedings against that person by virtue of section 122A,
122D or 122E have begun—

(i)   prescribe circumstances in which the proceedings
may or must remain in the youth court;

(ii)   make provision for the transfer of the proceedings
from the youth court to a magistrates’ court that is
not a youth court (including provision applying
section 122E with modifications).

(2)   A person’s age is treated for the purposes of sections 122A to 122J
and this section as being that which it appears to the court to be
after considering any available evidence.”

87ZX

Page 171, line 26, at end insert—

“136ZC         Variation of sexual harm prevention order by court in
Northern Ireland

(1)   This section applies where a sexual harm prevention order has
been made in respect of a person who now—

(a)   is residing in Northern Ireland, or

(b)   is in or is intending to come to Northern Ireland.

(2)   An application may be made to the appropriate court in
Northern Ireland—

(a)   by the defendant, or

(b)   by the Chief Constable,

for an order varying the sexual harm prevention order.

(3)   An application under subsection (2) may be made—

(a)   where the appropriate court is the Crown Court, in
accordance with rules of court;

(b)   in any other case, by complaint.

(4)   Subject to subsections (5) and (6), on the application the court,
after hearing the person making the application and the other
person mentioned in subsection (2) (if that person wishes to be
heard), may make any order varying the sexual harm prevention
order that the court considers appropriate.

(5)   An order may be varied so as to impose additional prohibitions
on the defendant only if it is necessary to do so for the purpose
of—

(a)   protecting the public in Northern Ireland, or any
particular members of the public in Northern Ireland,
from sexual harm from the defendant, or

(b)   protecting children or vulnerable adults generally, or any
particular children or vulnerable adults, from sexual
harm from the defendant outside the United Kingdom.

(6)   An order as varied under this section may contain only such
prohibitions as are necessary for the purpose of—

(a)   protecting the public or any particular members of the
public from sexual harm from the defendant, or

(b)   protecting children or vulnerable adults generally, or any
particular children or vulnerable adults, from sexual
harm from the defendant outside the United Kingdom.

(7)   The defendant may appeal against the making of an order under
this section, or the refusal to make such an order—

(a)   where the application for such an order was made to the
Crown Court, to the Court of Appeal in Northern Ireland;

(b)   in any other case, to a county court in Northern Ireland.

(8)   On an appeal under subsection (7)(b), the county court may make
such orders as may be necessary to give effect to its
determination of the appeal, and may also make such incidental
or consequential orders as appear to it to be just.

(9)   In this section—

“the appropriate court” means—

(a)   where the sexual harm prevention order was made by—

(a)   the Crown Court, otherwise than on
appeal from a magistrates’ court, or

(b)   the Court of Appeal,

the Crown Court (in Northern Ireland);


the Crown Court (in Northern Ireland);

(b)   where—

(a)   the sexual harm prevention order was
made by a magistrates’ court, or by the
Crown Court on appeal from a
magistrates’ court, and

(b)   the defendant is aged 18 or over,

any court of summary jurisdiction in Northern Ireland;


any court of summary jurisdiction in Northern
Ireland;

(c)   where—

(a)   the defendant is aged under 18, and

(b)   paragraph (a) does not apply,

any youth court in Northern Ireland;


any youth court in Northern Ireland;

“the Chief Constable” means the Chief Constable of the
Police Service of Northern Ireland;

“sexual harm”, “child” and “vulnerable adult” each has the
meaning given in section 103B(1).

136ZD         Variation of sexual risk order by court in Northern Ireland

(1)   This section applies where a sexual risk order has been made in
respect of a person who now—

(a)   is residing in Northern Ireland, or

(b)   is in or is intending to come to Northern Ireland.

(2)   An application may be made to the appropriate court in
Northern Ireland—

(a)   by the defendant, or

(b)   by the Chief Constable,

for an order varying the sexual risk order.

(3)   Subject to subsections (4) and (5), on the application the court,
after hearing the person making the application and the other
person mentioned in subsection (2) (if that person wishes to be
heard), may make any order varying the sexual risk order that
the court considers appropriate.

(4)   An order may be varied so as to impose additional prohibitions
on the defendant only if it is necessary to do so for the purpose
of—

(a)   protecting the public in Northern Ireland, or any
particular members of the public in Northern Ireland,
from harm from the defendant, or

(b)   protecting children or vulnerable adults generally, or any
particular children or vulnerable adults, from harm from
the defendant outside the United Kingdom.

(5)   An order as varied under this section may contain only such
prohibitions as are necessary for the purpose of—

(a)   protecting the public or any particular members of the
public from harm from the defendant, or

(b)   protecting children or vulnerable adults generally, or any
particular children or vulnerable adults, from harm from
the defendant outside the United Kingdom.

(6)   The defendant may appeal against the making of an order under
this section, or the refusal to make such an order, to a county
court in Northern Ireland.

(7)   On an appeal under subsection (6), the county court may make
such orders as may be necessary to give effect to its
determination of the appeal, and may also make such incidental
or consequential orders as appear to it to be just.

(8)   In this section—

“the appropriate court” means—

(a)   where the defendant is aged 18 or over, any court
of summary jurisdiction in Northern Ireland;

(b)   where the defendant is aged under 18, any youth
court in Northern Ireland;

“the Chief Constable” means the Chief Constable of the
Police Service of Northern Ireland;

“harm”, “child” and “vulnerable adult” each has the
meaning given in section 122B(1).”

87ZY

Page 171, line 26, at end insert—

“Service courts

   (1)   Section 137 of the Sexual Offences Act 2003 (service courts) is amended
as follows.

(2)   In subsection (2), for “104(1)” there is substituted “103A(1)”.

(3)   For subsection (3) there is substituted—

“(3)   Where the court making a sexual harm prevention order is a
service court—

(a)   sections 103A(3) to (8), 103F and 103J do not apply;

(b)   sections 103A(1) and (2), 103B to 103E and 103G to 103I
apply—

(i)   subject to paragraphs (c) and (d), and

(ii)   as if they extended to the whole of the United
Kingdom;

(c)   in relation to an application under section 103E in respect
of a defendant who at the time of the application is a
person subject to service law or a civilian subject to
service discipline—

(i)   the application may be made only by the
defendant or a Provost Martial, and must be made
to the Court Martial;

(ii)   consent under section 103E(6) must be the consent
of the defendant and a Provost Martial;

(iii)   an appeal against the making of an order under
section 103E, or the refusal to make such an order,
must be made to the Court Martial Appeal Court;

(d)   in relation to an application under section 103E in respect
of a defendant who at the time of the application is
neither a person subject to service law nor a civilian
subject to service discipline—

(i)   the application must be made to the Crown Court
in England and Wales;

(ii)   an appeal against the making of an order under
section 103E, or the refusal to make such an order,
must be made to the Court of Appeal in England
and Wales.”

(4)   In subsection (4)—

(a)   for “section “service court” means” there is substituted “section—

“civilian subject to service discipline” has the same meaning as
in the Armed Forces Act 2006 (see section 370 of that Act);

“service court” means”;

(b)   at the end there is inserted—

““subject to service law” has the same meaning as in the
Armed Forces Act 2006 (see section 374 of that Act).”

(5)   After subsection (5) there is inserted—

“(6)   Paragraphs (c)(i) and (d)(i) of subsection (3) have effect, in
relation to a sexual harm prevention order made by the Court
Martial Appeal Court, as if the reference to a service court in that
subsection included a reference to that court.”

Clause 109

BARONESS THORNTON

87ZZ

Page 79, line 41, at end insert—

“( )   A person also commits an offence under the law of England and Wales if
he or she causes another person to enter into a marriage and that other
person lacks the capacity to consent to that marriage.”

BARONESS TONGE

LORD REA

LORD PATEL

BARONESS FLATHER

87A

Page 80, line 23, at end insert—

“(6A)    A person commits an offence under the law of England and Wales if he or
she—

(a)   is the parent or guardian of a child, and

(b)   gives consent for that child to enter into marriage before the age of
18 unless the written consent of both parties to the marriage has
been obtained.

(6B)   The provisions of subsection (6A) also apply to any procedure undertaken
to recognise a marriage contracted outside the United Kingdom.”

Clause 110

BARONESS TONGE

LORD REA

LORD PATEL

BARONESS FLATHER

87B

Page 80, line 43, at end insert—

“(2A)    A person commits an offence under the law of Scotland if he or she—

(a)   is the parent or guardian of a child, and

(b)   gives consent for that child to enter into marriage before the age of
18 unless the written consent of both parties to the marriage has
been obtained.

(2B)   The provisions of subsection (2A) also apply to any procedure undertaken
to recognise a marriage contracted outside the United Kingdom.”

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.”

Schedule 8

LORD PANNICK

LORD LESTER OF HERNE HILL

BARONESS KENNEDY OF THE SHAWS

93A

Page 178, line 8, at end insert—

“Limits on duty to give information and documents

1AA In paragraph 5(1) of Schedule 7 to the Terrorism Act 2000, before “A
person who is questioned” insert “Subject to paragraph 9A below,”.”

93B

Page 178, line 17, at end insert—

“(2A)    A person questioned under paragraph 2 or 3 may not be detained
under paragraph 6 unless the examining officer has reasonable
grounds to suspect that he is a person falling within section
40(1)(b).”

93C

Page 178, line 25, at end insert—

“2A In paragraph 8(1) of Schedule 7 to the Terrorism Act 2000, before “An
examining officer” insert “Subject to paragraph 9A below,”.”

93D

Page 179, line 14, at end insert—

“3A In paragraph 9(1) of Schedule 7 to the Terrorism Act 2000, before “An
examining officer” insert “Subject to paragraph 9A below,”.

3B In Schedule 7 to the Terrorism Act 2000, after paragraph 9 insert—

“Data stored on personal electronic devices

9A    (1)   For the purposes of this Schedule—

(a)   the information or documents which a person can be
required to give the examining officer under
paragraph 5,

(b)   the things which may be searched under paragraph 8,
and

(c)   the property which may be examined under paragraph
9,

do not include data stored on personal electronic devices unless the person is detained under paragraph 6.

(2)   “Personal electronic device” includes a mobile phone, a
personal computer and any other portable electronic device on
which personal information is stored.”.”

After Clause 142

BARONESS HENIG

LORD STEVENS OF KIRKWHELPINGTON

BARONESS HARRIS OF RICHMOND

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 “or

(d)   sanctions are imposed on a licensed business under section
4C(5)(c).”

(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.””

Schedule 9

LORD BERKELEY

94A

Page 182, line 12, at end insert “or the driver of a vehicle”

94B

Page 182, line 16, at end insert “or committed by a driver who fails to comply with
the advance stop line regulations”

94C

Page 182, line 20, at end insert “which shall not come into effect until 5 years after
the relevant construction and use regulations have been brought into effect”

94D

Page 182, line 32, at end insert—

“(2C)    Before community support officers or police officers are
authorised to enforce any of the offences listed in sub-paragraph
(2B) relating to cyclists, they shall undertake a recognised cycle
training course and provide evidence of this if requested.”

Clause 161

LORD PANNICK

BARONESS KENNEDY OF THE SHAWS

BARONESS O’LOAN

LORD BEECHAM

94E

Page 128, line 5, leave out from “shows” to “(and” in line 6 and insert “conclusively
that the evidence against the person at trial is so undermined that no conviction
could possibly be based on it”

Clause 166

LORD TAYLOR OF HOLBEACH

94F

Page 132, line 18, at end insert—

“(2A)    The Secretary of State may by order make amendments to sections 136 and
142 of the Sexual Offences Act 2003 that are consequential on the coming
into force of any amendment of Part 2 of that Act made by the Criminal
Justice Act (Northern Ireland) 2013.”

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

LORD TAYLOR OF HOLBEACH

96A

Page 202, line 18, at end insert—

“Armed Forces Act 2006 (c. 52)

In Schedule 3A to the Armed Forces Act 2006 (Court Martial sentencing
powers where election for trial by that court instead of CO), paragraph
13(2) and (3) (service sexual offences prevention orders) is repealed.

Armed Forces Act 2011 (c. 18)

   (1)   Section 17 of the Armed Forces Act 2011 (service sexual offences
prevention orders) is repealed.

(2)   In Schedule 4 to that Act (consequential amendments), paragraph 3(3) is
repealed.”

Clause 167

LORD TAYLOR OF HOLBEACH

96B

Page 133, line 2, after “section” insert “166(2A) or”

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.”

In the Title

LORD TAYLOR OF HOLBEACH

100

Line 4, after “firearms” insert “, about sexual harm and violence”

Prepared 11th January 2014