|Amendments proposed to the Anti-social Behaviour Bill - continued||House of Commons|
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182Clause 55, page 40, leave out lines 24 and 25.
NEW CLAUSES RELATING TO PART 7Removal of unauthorised encampments and waste
Mr James Paice
NC5To move the following Clause:
'.The Criminal Justice and Public Order Act 1994 is amended as follows:
In Section 61 (Power to remove trespassers on land)
Graffiti removal notices
NC6To move the following Clause:
'(1) Where there is graffiti to which this section applies in the area of a local authority on a surface to which this Act applies, if that authority considers it to be detrimental to the amenity of the area or offensive, they may
(3) Subject to the right of appeal mentioned in section 2, if the person required by a removal notice to remove or obliterate graffiti fails to do so within the time limited by the notice, the local authority may themselves remove or obliterate the graffiti and they may recover from the said person the expenses reasonably incurred by them in so doing.
(4) In proceedings by the local authority against the person served with the notice for the recovery of any expenses which the authority are entitled to recover from that person, it shall not be open to that person to raise any question which could have been raised on an appeal under section 2.
(5) Sections 291 and 293 of the Public Health Act 1936 (c. 49) shall have effect as if references therein to that Act included references to this Act.
(6) Graffiti to which this section applies includes any writing, letter, picture, device or representation, other than an advertisement within the meaning of the Act of 1990.'.
Appeals against graffiti removal notices
NC7To move the following Clause:
'(1) A person on whom a removal notice has been served under section 1(1)(a) above, or the owner of the structure, apparatus or plant which include a surface to which a removal notice has been affixed under section 1(1)(b) above may appeal to a magistrates' court on any of the following grounds
(3) Where the grounds upon which an appeal under this Act is brought include a ground specified in subsection (1) (c) above, the appellant shall serve a copy of his notice of appeal on each other person referred to in the notice of appeal.'.
Removal of graffiti at request of owner
NC8To move the following new Clause:
'(1) Where there is graffiti to which this section applies in the area of a local authority on a surface to which this Act applies and the owner of the structure, apparatus or plant which include that surface requests that authority to remove or obliterate that graffiti, the authority may do so and they may recover from the said owner the expenses reasonably incurred by them in so doing.
(2) Graffiti to which this section applies includes any writing, letter, picture, device or representation, and any advertisement within the meaning of the Act of 1990, other than an advertisement for the display of which deemed or express consent has been granted under the Act of 1990 or regulations made thereunder.'.
NC9To move the following Clause:
'(1) In this section and sections (Graffiti removal notices) (Appeals against graffiti removal notices) (Removal of graffiti at request of owner)
"the Act of 1990" means the Town and Country Planning Act 1990 (c. 8);
"local authority" means
(2) A surface to which this section and sections (Graffiti removal notices) (Appeals against graffiti notices) (Removal of graffiti at request of owner) applies is the surface of any structure, apparatus or plant situated in or on any road, where that surface is readily visible from a place to which the public has access.'.
RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE [29th APRIL 2003]That
(1) during proceedings on the Anti-social Behaviour Bill the Standing Committee, in addition to its first sitting on Tuesday 6th May at 10.30 a.m., shall meet on that day at 4.30 p.m. and thereafter on Tuesdays and Thursdays at 9.10 a.m. and 2.30 p.m.;
(2) 12 sittings shall be allotted to the consideration of the Bill in Committee;
(3) the proceedings shall be taken in the order specified in the Table below;
(4) the proceedings specified in the first column of the Table shall be brought to a conclusion (unless already concluded) at the time specified in the second column of the Table.
Mr Bob Ainsworth has given notice of his intention to move a motion in the terms of the Resolution of the Programming Sub-Committee [Sessional Order C(9) relating to Programming (28th June 2001)].
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