S.C.G.
Amendment Paper as at
Tuesday 20th May 2003
STANDING COMMITTEE G
ANTI-SOCIAL BEHAVIOUR BILL
NOTE
The Amendments have been arranged in accordance with the Resolution of the Programming Sub-Committee [29th April 2003].
Mr James Paice
Mr Nick Hawkins
122
Clause 42, page 33, leave out lines 7 and 8.
Annette Brooke
Simon Hughes
Matthew Green
180
Clause 42, page 33, line 7, leave out 'a loaded shot gun' and insert 'a shot gun (whether loaded or not)'.
Mr James Paice
Mr Nick Hawkins
123
Clause 42, page 33, line 9, leave out 'other'.
Annette Brooke
Simon Hughes
Matthew Green
181
Clause 42, page 33, line 11, after 'an imitation firearm', insert '(whether converted or not)'.
Mr James Paice
Mr Nick Hawkins
124
Clause 43, page 33, line 27, leave out paragraph (a).
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
255
Clause 43, page 33, leave out lines 28 to 30.
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
249
Clause 43, page 33, line 30, at end insert—
'(3A) In section 23(2) add¸
| ( ) | he is using the weapon or ammunition on private property with the consent of the occupier in an activity which would be lawful other than by virtue of his age.'. |
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
250
Clause 43, page 33, line 30, at end insert—
'(3A) In section 23(2)(b) after 'gallery', insert 'or on private property'.
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
254
Clause 43, page 33, line 30, at end insert—
'(3A) In section 23(2) add—
| "(c) | he is using the weapon on private premises or property with lawful authority but where a person has with him an air weapon on any premises or property in circumstances where he would be prohibited from having it with him but for this subsection it is an offence for him to use it for firing any missile beyond those premises or property.".'. |
Mr James Paice
Mr Nick Hawkins
126
Clause 43, page 33, leave out lines 31 to 34.
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
259
Clause 43, page 33, line 34, at end insert—
'( ) Where an offence is committed under Section 22(4) or (5) the donor or lender of the weapon shall also be liable for the offences'.
Mr James Paice
Mr Nick Hawkins
127
Clause 43, page 33, leave out lines 36 and 37.
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
256
Clause 43, page 33, line 37, leave out from '17' to end of line 41.
Mr Bob Ainsworth
239
Clause 44, page 34, line 4, at end insert—
'(2A) In section 5 (weapons subject to general prohibition) after subsection (1)(ae) insert—
| "(af) | any air rifle, air gun or air pistol which uses, or is designed or adapted for use with, a self-contained gas cartridge system (whether powered by air or carbon dioxide);". |
(2B) If at the time when subsection (2A) comes into force a person has in his possession an air rifle, air gun or air pistol of the kind described in section 5(1)(af) of the Firearms Act 1968 (c. 27) (inserted by subsection (2A) above)—
| (a) | section 5(1) of that Act shall not prevent the person's continued possession of the air rifle, air gun or air pistol, |
| (b) | section 1 of that Act shall apply, and |
| (c) | a chief officer of police may not refuse to grant or renew, and may not revoke or partially revoke, a firearm certificate under Part II of that Act on the ground that the person does not have a good reason for having the air rifle, air gun or air pistol in his possession. |
(2C) But subsection (2B)(a) to (c) shall not apply to possession in the circumstances described in section 8 of that Act (authorised dealing).'.
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
257
Clause 44, page 34, line 5, leave out subsection (3).
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
258
Clause 44, page 34, line 10, after 'dangerous', insert 'by virtue of the fact that it can be readily converted to be capable of discharging a missile by the force of gunpowder or other like propellant'.
NEW CLAUSE RELATING TO PART 6
Sentencing guidelines for firearms
Mr Graham Allen
NC13
To move the following Clause:—
'When this bill comes into force, all sentencing guidelines relating to firearms offences shall be determined by the Sentencing Guidelines Council when this is enacted by the Criminal Justice Bill.'.
Mr Graham Allen
245
Clause 45, page 34, line 33, after 'order', insert 'and impose a fixed penalty notice'.
Matthew Green
Annette Brooke
Simon Hughes
260
Clause 45, page 34, line 35, leave out 'public'.
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Dominic Grieve
Mr Mark Francois
76
Clause 45, page 34, line 36, leave out 'and' and insert 'or'.
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Dominic Grieve
Mr Mark Francois
77
Clause 45, page 34, line 38, leave out subsection (2).
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Dominic Grieve
Mr Mark Francois
247
Clause 46, page 35, line 10, after 'premises', insert 'or deliberate despoiling and/or misuse of land'.
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Dominic Grieve
Mr Mark Francois
248
Clause 46, page 35, line 11, after 'order', insert 'or eviction order'.
Matthew Green
Annette Brooke
Simon Hughes
261
Clause 46, page 35, line 16, leave out 'public'.
Mr Graham Allen
246
Clause 48, page 36, line 25, after 'penalty', insert 'and repair of any damage caused'.
Mr Bob Ainsworth
244
Clause 50, page 38, line 8, leave out from 'authority' to end of line 9 and insert 'may use any sums it receives in respect of penalties payable to it in pursuance of notices under section 48(1) (its "penalty receipts") only for the purposes of functions of its that are qualifying functions.
(4) The following are qualifying functions for the purposes of this section—
| (a) | functions under section 48, and |
| (b) | functions of a description specified in regulations made by the appropriate person. |
(5) Regulations under subsection (4)(b) may (in particular) have the effect that a local authority may use its penalty receipts for the purposes of any of its functions.
(6) A local authority must supply the appropriate person with such information relating to its use of its penalty receipts as the appropriate person may require.
(7) The appropriate person may by regulations—
| (a) | make provision for what a local authority is to do with its penalty receipts— |
| (i) | pending their being used for the purposes of qualifying functions of the authority, |
| (ii) | if they are not so used before such time after their receipt as may be specified by the regulations, |
| (b) | make provision for accounting arrangements in respect of a local authority's penalty receipts. |
(8) The provision that may be made under subsection (7)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the appropriate person) other than the local authority.
(9) Before making regulations under this section, the appropriate person must consult—
| (a) | the local authorities to which the regulations are to apply, and |
| (b) | such other persons as the appropriate person considers appropriate.' |
Mr Bob Ainsworth
183
Clause 51, page 38, line 14, leave out 'that sub-paragraph' and insert 'sub-paragraph (2)(c)'.
Mr Bob Ainsworth
184
Clause 51, page 38, line 22, leave out 'that sub-paragraph' and insert 'sub-paragraph (2)(b)'.
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Dominic Grieve
Mr Mark Francois
Simon Hughes
78
Clause 53, page 39, line 3, leave out 'eighteen' and insert 'sixteen'.
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Dominic Grieve
Mr Mark Francois
79
Clause 53, page 39, line 3, leave out 'eighteen' and insert 'fourteen'.
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Dominic Grieve
Mr Mark Francois
Matthew Green
