Anti-social Behaviour, Crime and Policing Bill

marshalled
list of Amendments
to be moved on
THIRD READING

[Amendments marked * are new or have been altered]

Clause 1

LORD TAYLOR OF HOLBEACH

BARONESS HAMWEE

LORD DEAR

LORD HARRIS OF HARINGEY

1

Page 1, line 10, leave out subsection (3)

After Clause 1

LORD TAYLOR OF HOLBEACH

BARONESS HAMWEE

LORD DEAR

LORD HARRIS OF HARINGEY

2

Insert the following new Clause—

“Meaning of “anti-social behaviour”

(1)     In this Part “anti-social behaviour” means—

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

(b)   conduct capable of causing nuisance or annoyance to a person in
relation to that person’s occupation of residential premises, or

(c)   conduct capable of causing housing-related nuisance or annoyance
to any person.

(2)     Subsection (1)(b) applies only where the injunction under section 1 is
applied for by—

(a)   a housing provider,

(b)   a local authority, or

(c)   a chief officer of police.

(3)     In subsection (1)(c) “housing-related” means directly or indirectly relating
to the housing management functions of—

(a)   a housing provider, or

(b)   a local authority.

(4)     For the purposes of subsection (3) the housing management functions of a
housing provider or a local authority include—

(a)   functions conferred by or under an enactment;

(b)   the powers and duties of the housing provider or local authority as
the holder of an estate or interest in housing accommodation.”

Clause 19

LORD TAYLOR OF HOLBEACH

BARONESS HAMWEE

LORD DEAR

LORD HARRIS OF HARINGEY

3

Page 9, line 38, leave out “1(2)” and insert “(Meaning of “anti-social behaviour”)”

Clause 20

LORD TAYLOR OF HOLBEACH

4

Page 11, line 16, leave out “section 13(5)” and insert “subsection (5A)”

5

Page 11, line 19, at end insert—

“(5A)    The provisions referred to in subsection (5)(b) are—

(a)   section 1(7);

(b)   sections 3(2) and 8 (if a power of arrest is attached);

(c)   sections 5 to 7;

(d)   section 9;

(e)   section 10 and Schedule 1;

(f)   section 11 and Schedule 2;

(g)   section 17(1).”

Clause 100

LORD TAYLOR OF HOLBEACH

BARONESS HAMWEE

LORD DEAR

LORD HARRIS OF HARINGEY

6

Page 68, line 16, leave out from “behaviour”” to end of line 17 and insert “has the
meaning given by section (Meaning of “anti-social behaviour”) (ignoring subsection
(2) of that section);”

Clause 101

LORD TAYLOR OF HOLBEACH

BARONESS HAMWEE

LORD DEAR

LORD HARRIS OF HARINGEY

7

Page 69, line 19, leave out from “behaviour”” to end of line 20 and insert “has the
meaning given by section (Meaning of “anti-social behaviour”) (ignoring subsection
(2) of that section);”

After Clause 113

LORD TAYLOR OF HOLBEACH

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

8

Insert the following new Clause—

“Use of premises for child sex offences

(1)     Schedule (Amendments of Part 2A of the Sexual Offences Act 2003)
(amendments of Part 2A of the Sexual Offences Act 2003) has effect.

(2)     For the purposes of sections 136BA and 136D(7A) of the Sexual Offences
Act (inserted by that Schedule), it does not matter whether the offence or
offences in question were committed before, or on or after, the date on
which this section comes into force.”

Clause 119

LORD TAYLOR OF HOLBEACH

BARONESS SMITH OF BASILDON

LORD HARRIS OF HARINGEY

BARONESS THORNTON

9

Page 85, line 35, at end insert—

“( )     In relation to a victim who lacks capacity to consent to marriage, the offence
under subsection (1) is capable of being committed by any conduct carried
out for the purpose of causing the victim to enter into a marriage (whether
or not the conduct amounts to violence, threats or any other form
coercion).”

10

Page 85, line 44, at end insert—

“( )     “Lacks capacity” means lacks capacity within the meaning of the Mental
Capacity Act 2005.”

11

Page 86, line 5, leave out “coercion” and insert “conduct”

Clause 120

LORD TAYLOR OF HOLBEACH

BARONESS SMITH OF BASILDON

LORD HARRIS OF HARINGEY

BARONESS THORNTON

12

Page 86, line 30, at end insert—

“( )     In relation to a victim who is incapable of consenting to marriage by reason
of mental disorder, the offence under subsection (1) is capable of being
committed by any conduct carried out for the purpose of causing the victim
to enter into a marriage (whether or not the conduct amounts to violence,
threats or any other form coercion).”

13

Page 86, line 38, at end insert—

“( )     “Mental disorder” has the meaning given by section 328 of the Mental
Health (Care and Treatment) (Scotland) Act 2003.”

14

Page 86, line 43, leave out “coercion” and insert “conduct”

After Clause 151

LORD TAYLOR OF HOLBEACH

LORD MARLESFORD

15

Insert the following new Clause—

“Littering from vehicles

(1)     The Environmental Protection Act 1990 is amended as follows.

(2)     After section 88 (fixed penalty notices for leaving litter) there is inserted—

“88A          Littering from vehicles: civil penalty regime

(1)     The Secretary of State may make regulations under which the
keeper of a vehicle may be required to pay a fixed penalty to a litter
authority where there is reason to believe that a littering offence in
England has been committed in respect of the vehicle.

(2)     A littering offence is committed in respect of a vehicle if an offence
under section 87(1) occurs as a result of litter being thrown,
dropped or otherwise deposited from the vehicle (whether or not
by the vehicle’s keeper).

(3)     Regulations under this section must make provision—

(a)   setting the amount of fixed penalties or specifying how the
amount is to be determined;

(b)   about the period within which fixed penalties must be paid;

(c)   for payment within that period of a fixed penalty imposed
for a littering offence committed in respect of a vehicle to
discharge any liability for conviction for the offence
(whether on the part of the keeper or anybody else);

(d)   for a fixed penalty to be payable by the keeper of a vehicle
only if a written notice is given to the keeper (“a penalty
notice”);

(e)   about the persons authorised to give penalty notices;

(f)   about the procedure to be followed in giving penalty
notices;

(g)   about the form and content of penalty notices;

(h)   conferring rights to make representations about, and to
bring appeals against, penalty notices.

(4)     Provision under subsection (3)(e) may authorise a person to give a
penalty notice for a littering offence committed in respect of a
vehicle only if—

(a)   the person is under a duty under section 89(1) in respect of
the land where the offence is committed (and that person is
a “litter authority” in relation to a fixed penalty payable
under the regulations), or

(b)   the person is an authorised officer of a litter authority,

and regulations under this section may include provision about the
meaning of “authorised officer”.

(5)     Regulations under this section may include provision—

(a)   for the enforcement of penalty notices (and such provision
may in particular authorise an unpaid fixed penalty to be
recovered summarily as a civil debt or as if payable under
an order of a court if the court so orders);

(b)   about the application of sums paid under penalty notices
(and such provision may in particular authorise sums paid
to a litter authority to be applied for the purposes of such
functions of the authority as the regulations may specify);

(c)   about the application of the regulations to keepers of
vehicles in the public service of the Crown.

(6)     Regulations under this section may, in consequence of any
provision contained in the regulations, amend—

(a)   this Part, or

(b)   Part 2 of the London Local Authorities Act 2007.

(7)     Regulations under this section may—

(a)   make provision corresponding or similar to any provision
made by or under section 88;

(b)   make provision subject to exceptions;

(c)   include saving, transitional, transitory, supplementary or
consequential provision.

(8)     Provision of the kind mentioned in subsection (7)(a) may include
provision—

(a)   conferring a discretion on a litter authority, subject to such
constraints or limitations as the regulations may specify
(whether or not of a corresponding or similar kind to those
mentioned in section 97A(2));

(b)   creating an offence of the kind mentioned in section 88(8B)
and (8C),

but may not include provision conferring power on a person to
make orders or regulations.

(9)     In this section—

“keeper”, in relation to a vehicle, means the person by whom
the vehicle is kept at the time when the littering offence in
question occurs, which in the case of a registered vehicle is
to be presumed, unless the contrary is proved, to be the
registered keeper;

“litter authority” has the meaning given in subsection (4)(a);

“registered keeper”, in relation to a registered vehicle, means
the person in whose name the vehicle is registered;

“registered vehicle” means a vehicle which is for the time
being registered under the Vehicle Excise and Registration
Act 1994;

“vehicle” means a mechanically-propelled vehicle or a vehicle
designed or adapted for towing by a mechanically-
propelled vehicle.”

(3)     In section 161 (regulations, orders and directions), after subsection (2ZA)
there is inserted—

“(2ZB)   Subsection (2) does not apply to a statutory instrument containing
regulations under section 88A if the regulations—

(a)   are the first set of regulations to be made under that section,
or

(b)   include provision falling within subsection (3)(a) or (6) of
that section.

(2ZC)    A statutory instrument to which subsection (2) does not apply by
virtue of subsection (2ZB) may not be made unless a draft of the
instrument has been laid before, and approved by a resolution of,
each House of Parliament.””

Clause 181

LORD TAYLOR OF HOLBEACH

LORD MARLESFORD

16

Page 141, line 4, leave out “section 151” and insert “sections 151 and (Littering from
vehicles
)”

LORD TAYLOR OF HOLBEACH

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

17

Page 141, line 15, at end insert—

“( )   section (Use of premises for child sex offences) and Schedule
(Amendments of Part 2A of the Sexual Offences Act 2003);”

After Schedule 5

LORD TAYLOR OF HOLBEACH

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD BEECHAM

18

Insert the following new Schedule—

“SCHEDULE

AMENDMENTS OF PART 2A OF THE SEXUAL OFFENCES ACT 2003

1 Part 2A of the Sexual Offences Act 2003 (closure orders) is amended as
follows.

2    (1)     Section 136A (meaning of specified prostitution offence etc) is amended
as follows.

(2)     In subsection (2)—

(a)   in paragraph (a) the words “section 47 of this Act or” are omitted;

(b)   in paragraph (b) the words “section 48 of this Act, or” are
omitted;

(c)   in paragraph (c) the words “section 49 of this Act, or” are omitted;

(d)   in paragraph (d) the words “section 50 of this Act, or” are
omitted.

(3)     In subsection (3)—

(a)   in paragraph (a) the words “section 48 of this Act, or” are
omitted;

(b)   in paragraph (b) the words “section 49 of this Act, or” are
omitted;

(c)   in paragraph (c) the words “section 50 of this Act, or” are omitted.

(4)     After that subsection there is inserted—

“(3A)    The specified child sex offences are—

(a)   an offence under any of the following sections of this
Act—

sections 5 to 13;

sections 16 to 19;

sections 25 and 26;

sections 47 to 50;

(b)   an offence under section 1 of the Protection of Children
Act 1978 (indecent photographs of children);

(c)   an offence under any of the following sections of this Act
committed against a person under 18—

sections 1 to 4;

sections 30 to 41;

section 59A;

section 61;

sections 66 and 67.”

(5)     In subsection (4)(a)—

(a)   the words “section 47 of this Act or” are omitted;

(b)   the words “subsection (1)(a) of that section or, as the case may
be,” are omitted.

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

“(5A)    Premises are being used for activities related to a specified child
sex offence at any time when the premises are used—

(a)   to commit the offence, or

(b)   for activities intended to arrange or facilitate the
commission of the offence.”

3 In section 136B (power to authorise issue of closure notice), in the
heading, for “notice” there is substituted “notice: prostitution or
pornography offences
”.

4 After that section there is inserted—

“136BA            Power to authorise issue of closure notice: child sex offences
in England and Wales

(1)     A member of a police force not below the rank of superintendent
(“the authorising officer”) may authorise the issue of a closure
notice in respect of any premises in England and Wales if three
conditions are met.

(2)     The first condition is that the officer has reasonable grounds for
believing that—

(a)   during the relevant period, the premises were used for
activities related to one or more specified child sex
offences, or

(b)   the premises are likely to be used (unless a closure order
is made) for activities related to one or more specified
child sex offences.

(3)     In subsection (2)(a), “the relevant period” means the period of 3
months ending with the day on which the officer is considering
whether to authorise the issue of the notice.

(4)     The second condition is that the officer has reasonable grounds
for believing that the making of a closure order under section
136D is necessary to prevent the premises being used for
activities related to one or more specified child sex offences.

(5)     For the purposes of the second condition, it does not matter
whether the officer believes that the offence or offences in
question have been committed or that they will be committed (or
will be committed unless a closure order is made).

(6)     The third condition is that the officer is satisfied that reasonable
efforts have been made—

(a)   to consult the local authority for the area in which the
premises are situated, and

(b)   to establish the identity of any person who resides on the
premises or who has control of or responsibility for or an
interest in the premises.

(7)     If the local authority has not been consulted when the notice is
issued, it must be consulted as soon as possible afterwards.

(8)     An authorisation under subsection (1) may be given orally or in
writing, but if it is given orally the authorising officer must
confirm it in writing as soon as it is practicable.

(9)     The issue of a closure notice may be authorised whether or not a
person has been convicted of any specified child sex offence that
the authorising officer believes has been committed.

(10)     The Secretary of State may by regulations specify premises or
descriptions of premises to which this section does not apply.”

5    (1)     Section 136C (contents and service of closure notice) is amended as
follows.

(2)     In subsection (1)(c), after “section 136B” there is inserted “or 136BA”.

(3)     In subsection (3)(d), after “section 136B(7)(b)” there is inserted “or
136BA(6)(b)”.

6    (1)     Section 136D (power to make a closure order) is amended as follows.

(2)     In subsection (5), for “either subsection (6) or subsection (7) (or both)”
there is substituted “at least one of subsections (6), (7) and (7A)”.

(3)     After subsection (7) there is inserted—

“(7A)    This subsection applies if—

(a)   during the relevant period, the premises were used for
activities related to one or more specified child sex
offences, or

(b)   the premises are likely to be used (unless a closure order
is made) for activities related to one or more specified
child sex offences.”

(4)     In subsection (8), for “subsections (6) and (7)” there is substituted
“subsections (6), (7) and (7A)(a)”.

(5)     In subsection (9), for “prostitution or pornography offences” there is
substituted “prostitution, pornography or child sex offences”.

(6)     In subsection (10)(a), after “section 136B(7)(b)” there is inserted “or
136BA(6)(b)”.

(7)     In subsection (12), for “prostitution or pornography offences” there is
substituted “prostitution, pornography or child sex offences”.

7 In section 136H (applications for extension of closure order), in
subsection (4), for “prostitution or pornography offences” there is
substituted “prostitution, pornography or child sex offences”.

8 In section 136I (orders extending closure orders), in subsection (2), for
“prostitution or pornography offences” there is substituted
“prostitution, pornography or child sex offences”.

9 In section 136J (discharge of closure order), in subsection (3), for
“prostitution or pornography offences” there is substituted
“prostitution, pornography or child sex offences”.

10 In section 136O (compensation), in subsection (5)(a), after “section 136B”
there is inserted “or 136BA”.

11    (1)     Section 136R (interpretation) is amended as follows.

(2)     In subsection (2), after “section 136B” there is inserted “or 136BA”.

(3)     After subsection (14) there is inserted—

“(15)    In the application of this Part to England and Wales, references to
specified pornography offences are to be ignored.

(16)     “Specified child sex offence” means an offence listed in section
136A(3A).

(17)     In the application of this Part to Northern Ireland, references to
specified child sex offences and to section 136BA are to be
ignored.””

Schedule 10

LORD TAYLOR OF HOLBEACH

BARONESS HAMWEE

LORD DEAR

LORD HARRIS OF HARINGEY

19

Page 205, line 23, leave out paragraph 31 and insert—

“31    (1)     Section 50 of the Police Reform Act 2002 (power of constable to require
person acting in an anti-social manner to give name and address) is
amended as follows.

(2)     In subsection (1) the words “(within the meaning of section 1 of the
Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders)” are
omitted.

(3)     After that subsection there is inserted—

“(1A)   In subsection (1) “anti-social behaviour” has the meaning given
by section (Meaning of “anti-social behaviour”) of the Anti-social
Behaviour, Crime and Policing Act 2014 (ignoring subsection (2)
of that section).””

In the Title

LORD TAYLOR OF HOLBEACH

20

Line 3, after “1991,” insert “the Police Act 1997,”

21

Line 4, leave out “and the Extradition Act 2003” and insert “, the Extradition Act
2003 and Part 3 of the Police Reform and Social Responsibility Act 2011”

22

Line 7, after “Office;” insert “to make provision about invalid travel documents;”

Prepared 25th January 2014