Vote Bundle Text (920709-02)

Amendments proposed to the Police Reform Bill [Lords] - continued	House of Commons

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Power of arrest in relation to trespass on land in search of game

Mr Mark Simmonds

NC10

To move the following Clause:—

'A constable in uniform may arrest a person without warrant if he has reasonable cause to suspect that the person has committed an offence under section 30 of the Game Act 1831 (c. 32) (which makes it an offence for persons to trespass in the day-time on land in search of game).'.

Penalties for trespass on land in search of game

Mr Mark Simmonds

NC11

To move the following Clause:—

'( )—. (1) Section 30 of the Game Act 1931 (c. 32) (which make it an offence for persons to trespass in the day-time on land in search of game) shall be amended as follows—

(a)	for the words "not exceeding level 3" there shall be substituted "not less than level 3".

(b)	For the words "level 4" there shall be substituted "level 5".

(3) A person guilty of an offence under that section, who has previously been convicted of an offence under that Act, shall be liable on summary conviction to a fine not less than level 4 and not exceeding level 5 on the standard scale.

(4) A person guilty of an offence under that section who has previously been convicted of two or more offences under that Act, shall be liable on summary conviction to imprisonment for a term not exceeding six months.'.

Trespass on land in search of game: forfeiture of vehicles

Mr Mark Simmonds

NC12

To move the following Clause:—

'In subsection (1) of section 4A of the Game Laws (Amendment) Act 1960 (c. 36) (forfeiture of vehicles), which is inserted by paragraph 4 of Schedule 9 to the Criminal Justice and Public Order Act 1994 (c. 33), the words "as one of five or more persons liable under that section" shall be deleted.'.

Seizure of vehicles used in connection with searches for game

Mr Mark Simmonds

NC13

To move the following Clause:—

'( ).—(1) Where a constable in uniform has reasonable grounds for believing that a motor vehicle is being, or has been, used on any occasion in connection with an offence under section 30 of the Game Act 1831 (c. 32) (which makes it an offence for persons to trespass in the day-time on land in search of game) he shall have the powers set out in subsection (2).

(2) A constable in uniform shall also have the powers set out in subsection (3) where he has reasonable grounds for believing that a motor vehicle has been used on any occasion in a manner falling within subsection (1).

(3) Those powers are—

(a)	power, if the motor vehicle is moving, to order the person driving it to stop the vehicle;

(b)	power to seize and remove the motor vehicle;

(c)	power, for the purposes of exercising a power falling within paragraph (a) or (b), to enter any premises on which he has reasonable grounds for believing the motor vehicle to be;

(d)	power to use reasonable force, if necessary, in the exercise of any power conferred by any of paragraphs (a) to (c).

(4) A constable shall not seize a motor vehicle in the exercise of the powers conferred on him by this section unless—

(a)	he has warned the person appearing to him to be the person whose use falls within subsection (1) that he will seize it, if that use continues or is repeated; and

(b)	it appears to him that the use has continued or been repeated after the warning.

(5) Subsection (4) does not require a warning to be given by a constable on any occasion on which he would otherwise have the power to seize a motor vehicle under this section if—

(a)	the circumstances make it impracticable for him to give the warning;

(b)	the constable has already on that occasion given a warning under that subsection in respect of any use of that motor vehicle or of another motor vehicle by that person or any other person;

(c)	the constable has reasonable grounds for believing that such a warning has been given on that occasion otherwise than by him; or

(d)

the constable has reasonable grounds for believing that the person whose use of that motor vehicle on that occasion would justify the seizure is a person to whom a warning under that subsection has been given (whether or not by that constable or in respect of the same vehicle or the same or a similar use) on a previous occasion in the previous twelve months.

(6) A person who fails to comply with an order under subsection (3)(a) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(7) Subsection (3)(c) does not authorise entry into a private dwelling house.

(8) The powers conferred on a constable by this section shall be exercisable only at a time when regulations under section 61 are in force.

(9) In this section—

"driving" has the same meaning as in the Road Traffic Act 1988 (c. 52);

"motor vehicle" means any mechanically propelled vehicle, whether or not it is intended or adapted for use on roads; and

"private dwelling house" does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.'.

Mr Secretary Blunkett

Page 55, line 6 [Clause 57], after 'patient' insert 'no specimen of blood shall be taken from him under section 7A of this Act and'.

Mr Secretary Blunkett

Page 55, line 8 [Clause 57], leave out 'section 7A of this Act' and insert 'that section'

Mr Secretary Blunkett

Page 55, line 10 [Clause 57], after 'proposal' insert 'to take the specimen or'.

Mr Secretary Blunkett

Page 55, line 17 [Clause 57], after 'that' insert 'the taking of the specimen,'.

Mr Secretary Blunkett

Page 59, line 9 [Clause 59], after 'patient' insert 'no specimen of blood shall be taken from him under section 31A of this Act and'.

Mr Secretary Blunkett

Page 59, line 11 [Clause 59], leave out 'section 31A of this Act' and insert 'that section'

Mr Secretary Blunkett

Page 59, line 13 [Clause 59], after 'proposal' insert 'to take the specimen or'.

Mr Secretary Blunkett

Page 59, line 20 [Clause 59], after 'that' insert 'the taking of the specimen,'.

Simon Hughes
Norman Baker
Annette Brooke

Page 60, line 28 [Clause 60], after 'occasion', insert 'within the last six months'.

Mr Mark Simmonds

101

Page 61, line 31 [Clause 61], leave out 'section 60' and insert 'sections 60 and (Seizure of vehicles used in connection with searches for game)'.

Mr Mark Simmonds

102

Page 61, line 35 [Clause 61], leave out 'section 60' and insert 'sections 60 and (Seizure of vehicles used in connection with searches for game)'.

Mr Mark Simmonds

103

Page 61, line 39 [Clause 61], leave out 'section 60' and insert 'sections 60 and (Seizure of vehicles used in connection with searches for game)'.

Mr Mark Simmonds

104

Page 61, line 43 [Clause 61], leave out 'section 60' and insert 'sections 60 and (Seizure of vehicles used in connection with searches for game)'.

Mr Mark Simmonds

105

Page 62, line 2 [Clause 61], leave out 'section 60' and insert 'sections 60 and (Seizure of vehicles used in connection with searches for game)'.

Mr Mark Simmonds

106

Page 62, line 5 [Clause 61], leave out 'section 60' and insert 'sections 60 and (Seizure of vehicles used in connection with searches for game)'.

Julia Drown

Page 63, line 20 [Clause 62], at end insert—

'(6A) At the end of subsection (3) there is inserted "; save that, where the behaviour giving rise to the complaint involves prostitution, the complaint may alternatively be made to a county court."

(6B) In subsection (4), after the words "magistrates court" there is inserted (or, as the case may be, county court)".'.

Mr Secretary Blunkett

Page 65, line 37 [Clause 65], after '(6)' insert 'for the discharge of an order'.

Mr Secretary Blunkett

Page 69, line 22 [Clause 70], after 'Article 6' insert 'or 6A'.

NEW CLAUSES RELATING TO PARTS 5 TO 7

Duties under Health and Safety at Work etc. Act 1974

Mr Secretary Blunkett

NC7

To move the following Clause:—

'(1) The following enactments shall be amended in accordance with subsections (2) and (3)—

(a)	section 51A of the Health and Safety at Work etc. Act 1974 (c.37) (application of Part 1 of that Act to the police);

(b)	section 49A of the Employment Rights Act 1996 (c.18) (right of police officers not to suffer a detriment in relation to health and safety at work issues); and

(c)	section 134A of that Act (right of police officers not to be unfairly dismissed in relation to health and safety at work issues).

(2) In subsection (1) of each of those sections, for "officer" there shall be substituted "authority".

(3) For subsection (2) of each of those sections, there shall be substituted—

(a)	in relation to a member of a police force, a special constable appointed for a police area or a police cadet appointed by a chief officer of police, the police authority or, in the case of a combined area in Scotland, the police board (within the meaning of the Police (Scotland) Act 1967 (c.77));

(b)	in relation to a person appointed as a police member of the National Criminal Intelligence Service, the Service Authority for that service;

(c)	in relation to a person appointed as a police member of the National Crime Squad, the Service Authority for that squad;

(d)	in relation to any other person holding the office of constable or an appointment as police cadet, the person responsible for maintaining the body of constables or police cadets in question.

(4) After subsection (2A) of section 51A of the Health and Safety at Work etc. Act 1974 (c.37) (which is inserted by subsection (3)) there shall be inserted—

(a)	section 88(1) of the Police Act 1996 (c.16);

(b)	section 97(9) of that Act;

(c)	section 42(1) of the Police Act 1997 (c.50);

(d)	section 86(1) of that Act;

(e)	paragraph 7(1) of Schedule 8 to that Act;

(f)	section 39 of the Police (Scotland) Act 1967 (c.77); and

(g)	paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001 (c.16).

(a)	provision which, for the purposes of this Part specified in the regulations, treats the acts or omissions of a chief officer as if they were acts or omissions of the relevant authority in relation to the constables or police cadets under that officer's direction and control;

(b)	provision which treats premises under the control of a chief officer as premises under the control of the relevant authority in relation to that officer.

(a)	a chief officer of police;

(b)	the Director General of the National Criminal Intelligence Service;

(c)	the Director General of the National Crime Squad; or

(d)	any other person having direction and control of a body of constables or police cadets."

(5) In each of paragraphs (a), (b) and (c) of subsection (3) of that section, for "chief officer of police" there shall be substituted "police authority".

(6) In subsection (4) of that section, for "or (c)" there shall be substituted ", (c) or (d)".

(7) Section 5 of the Police (Health and Safety) Act 1997 (c.42) (payments by police authorities etc. out of relevant funds in relation to contraventions of health and safety legislation) shall cease to have effect.

(8) An order bringing this section into force may make such savings and transitional provisions as the Secretary of State thinks fit.'.