NOTICES OF AMENDMENTS
given up to and including
Thursday 18th May 2000
CONSIDERATION OF BILL
ROYAL PARKS (TRADING) BILL
6
Amendment (No. 6) proposed, in page 2, line 4, to leave out Clauses 4 and 5—(Mr David Maclean.)
Question proposed, That the Amendment be made.
Mr David Maclean
12
Page 2, line 5 [Clause 4], after 'park', insert 'general'.
Mr David Maclean
5
Page 2 [Clause 4], leave out line 11 and insert 'in all the parks listed in Schedule 2 to the Parks Regulation Act 1872 with the exception of Holyrood Park and Linlithgow Peel.'.
Mr David Maclean
13
Page 2, line 13 [Clause 4], at end insert—
'(4) Nothing in this section shall confer on a park constable the power to seize anything relating to a food trading offence.'.
Mr David Maclean
28
Page 2, line 13 [Clause 4], at end insert—
'(4) Where a park constable exercises his powers under subsection (1) above he shall—
(a) ensure that he provides facilities for the safe removal from the park of any perishable material by the person having possession or control;
(b) give to the person having possession or control a document, in an appropriate language, setting out the reasons for the seizure, itemising the things seized and informing the person of his rights and liabilities under section 5; and
(c) not remove any article until he has performed an assessment under the Control of Substances Hazardous to Health Regulations that the removal of the thing or things would not create a hazard for his or others' health and safety.
(5) The document referred to in subsection (4)(b) above shall comply with the model in Schedule (Document relating to seizure of property).'.
Mr David Maclean
29
Page 2, line 13 [Clause 4], at end insert—
'(4) Section 8 of the Parks Regulation Act 1872 (conferring the same powers on police constables) shall not apply to offences designated as trading offences.'.
Mr Eric Forth
22
Page 2, line 20 [Clause 5], after 'at', insert 'or before'.
Mr Eric Forth
23
Page 2, line 26 [Clause 5], at end insert—
'(3A) Proceedings arising from subsections (1) to (3) (including appeals) shall be concluded within a period of three months, after which the charges shall be withdrawn, or appeal deemed to have succeeded.'.
Mr Eric Forth
24
Page 2, line 30 [Clause 5], leave out from first 'of' to second 'of' and insert '60 days beginning with the date of the initiation'.
Mr Eric Forth
25
Page 2, line 35 [Clause 5], at end insert—
'(5A) If the Secretary of State has retained a thing under subsection (3)(b) for the period of 60 days from the initiation of proceedings relating to the offence (including any appeal), he shall return it to the person from whom it was seized.'.
Mr David Maclean
26
Page 2, line 43 [Clause 5], at end insert—
'(8) If the Secretary of State believes that things retained under this section are counterfeit goods—
(a) he shall inform the Trading Standards Officers of the district in which the Park is situated; and
(b) he shall apply to a magistrates' court for directions,
and the court shall, after receiving a report from the Trading Standards Officer and representations from the person believed to be the owner, make an order about the treatment of the things.'.
Mr David Maclean
14
Page 3, line 1 [Clause 6], after 'park', insert 'general'.
Mr David Maclean
7
Page 3, line 2 [Clause 6], leave out from 'anything' to end of line 8 and insert 'which the court believes to have been used in commission of the offence to be forfeited and dealt with in a manner specified in the order.'.
Mr David Maclean
27
Page 3, line 13 [Clause 7], leave out 'Scotland or'.
Mr David Maclean
8
Page 3, line 14 [Clause 8], leave out 'Royal Parks (Trading)' and insert 'Parks Regulation (Amendment)'.
NEW SCHEDULES
Mr David Maclean
NS1
To move the following Schedule:—
'SCHEDULE
Park Trading Offences
A person shall be guilty of an offence if, in a royal park, he—
(a) uses or operates a metal or mineral detector or any device for locating objects below ground level;
(b) carries on any trade or business in a Park, offers anything for sale or hire or exposes or has in his possession anything for the purpose of sale or hire therein;
(c) exhibits any notice or advertisement or any other written or pictorial matter;
(d) plays or causes to be played a musical instrument;
(e) uses any apparatus for the transmission, reception, reproduction or amplification of sound, speech, or images, except apparatus designed and used as an aid to defective hearing, or apparatus used in a vehicle so as not to produce sound audible to a person outside that vehicle, or apparatus used where the sound is received through headphones;
(f) organises or takes part in any assembly, display, performance, representation, parade, procession, review or theatrical event; or
(g) takes photographs of still or moving subjects for the purpose of or in connection with a business, trade, profession, or employment or any activity carried out by a body of persons whether corporate or unincorporate.'.
Mr David Maclean
NS2
To move the following Schedule:—
'SCHEDULE
Document Relating to Seizure of Property
'(1) Appropriate Language.
An appropriate language in section 4(4)(b) is one of the following:
Croatian (the western variant of Serbo-Croat—also called Croato-Serb)
Serbian (the eastern variant of Serbo-Croat)
(2) Reasons for Seizure.
The reasons for the seizure are that the person having possession or control has committed a Park Trading Offence, namely (insert offence).
(3) List of Items Seized.
(List the items seized)
(4) Rights and Liabilities.
The person having possession or control and from whom the thing or things were seized shall be informed that—
(a) the Secretary of State may retain the thing or things until the conclusion of court proceedings;
(b) the Secretary of State may sell the thing or things and use the proceeds to pay his costs if the person having possession or control is found guilty of an offence;
(c) the court may order the thing or things to be forfeited and destroyed if found guilty of an offence;
(d) the person having possession of the thing or things may make representations to the court about their disposal before the court makes an order.'.
