Vote Bundle Text (930515-03)

Amendments proposed to the Anti-social Behaviour Bill - continued	House of Commons

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Appeals against graffiti removal notices

Siobhain McDonagh

NC7

To 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—

(a)	that the graffiti is not detrimental to the amenity of the area and is not offensive;

(b)	that there has been some informality, defect or error in, or in connection with, the removal notice;

(c)	in the case of a removal notice under section 1(1)(a) above, that the notice should have been served on another person.

(2) If and in so far as an appeal under this section is based on the ground of some informality, defect or error in, or in connection with, the notice, the court shall dismiss the appeal, if it is satisfied that the informality, defect or error was not a material one.

(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

Siobhain McDonagh

NC8

To 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 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.'.

Interpretation

Siobhain McDonagh

NC9

To 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—

(a)	in relation to England, a district council, a county council that is the council for a county in which there are no district councils, 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;

"road" has the same meaning as in the Road Traffic Regulation Act 1984 (c. 27).

(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.'.

Anti-social behaviour orders and the burden of proof

Mr Graham Allen

NC10

To move the following Clause:—

'In granting an Anti-Social Behaviour Order, a court shall require the standard of proof of a civil proceeding.'.

Deliberate despoiling and/or mis-use of land

Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Dominic Grieve
Mr Mark Francois

NC11

To move the following Clause—

'(1) The Chief Executive Officer of the relevant local authority may make an eviction order in relation to premises to which this section applies if he reasonably believes that—

(a)	a public nuisance is being caused by deliberate despoiling or mis-use of land by the owners or occupiers of that land;

(b)	the eviction of any persons whether owners or occupiers or trespassers or visitors is necessary to prevent that nuisance and/or to correct the despoiling or mis-use of the land.

(2) A person commits an offence if he permits or authorises the continuing mis-use or despoiling of land or creation of a public nuisance on it or aids or abets others to do so.

(3) A person guilty of an offence under this section shall be liable on summary conviction to—

(a)	imprisonment for a term not exceeding six months,

(b)	a fine not exceeding £20,000,

(c)

both.'.

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.

TABLE

Proceedings	Time for conclusion of proceedings
Part 1, New Clauses relating to Part 1, New Schedules relating to Part 1	9.55 p.m. at the 2nd sitting
Part 3, New Clauses relating to Part 3, New Schedules relating to Part 3, Part 4, New Clauses relating to Part 4, New Schedules relating to Part 4, Clauses 12 to 14, Schedule 1, Clauses 15 to 17, New Clauses relating to Part 2, New Schedules relating to Part 2	6.55 p.m. at the 6th sitting
Clauses 36 to 39, Schedule 2, Clauses 40 and 41, New Clauses relating to Part 5, New Schedules relating to Part 5, Part 6, New Clauses relating to Part 6, New Schedules relating to Part 6, Clauses 45 to 47	6.55 p.m. at the 10th sitting
Clauses 48 to 55, New Clauses relating to Part 7, New Schedules relating to Part 7, Clause 56, Schedule 3, Clauses 57 to 61, remaining New Clauses, remaining New Schedules, remaining proceedings on the Bill	5.15 p.m. at the 12th sitting




©Parliamentary copyright 2003	Prepared 15 May 2003