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S.C.G.

Amendment Paper as at
Thursday 22nd 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 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

80

Clause     53,     page     39,     line     13,     leave out 'eighteen' and insert 'sixteen'.

   

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

81

Clause     53,     page     39,     line     13,     leave out 'eighteen' and insert 'fourteen'.


   

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

82

Clause     54,     page     39,     leave out lines 30 to 33.

   

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

83

Clause     54,     page     39,     leave out lines 34 to 38.

   

Mr Graham Allen

253

Clause     54,     page     40,     line     18,     at end insert—

    '( )   Section 88(2)(b) of the Environmental Protection Act 1990 is amended as follows—

       after "penalty" insert "and repairs any damage caused".'.


   

Annette Brooke
Simon Hughes
Matthew Green

182

Clause     55,     page     40,     leave out lines 24 and 25.


NEW CLAUSES RELATING TO PART 7

Removal of unauthorised encampments and waste

   

Mr James Paice
Mr Nick Hawkins
Mr Mark Francois

NC5

To 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)

      (a) For subsection (1) there is substituted—

      "(1) If the senior police office present at the scene reasonably believes that two or more persons are trespassing on land and are present there with the common purpose of residing there for any period and that reasonable steps have been taken by or on behalf of the occupier to ask them to leave he may direct those persons or any of them to leave the land and to remove any vehicles, other property or waste they have with them on the land or which appears to the officer to be connected to their presence on the land.".

      (b) Subsection (2) is omitted.

      (c) In Subsection (4) there is inserted after paragraph (b)—

      "(c) Fails to remove any vehicles, other property or waste which he has with him on the land or which appears to be connected to his presence on the land.".

      (d) In Subsection (6) paragraph (b) is omitted.'.


Graffiti removal notices

   

Siobhain McDonagh

NC6

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, if that authority considers it to be detrimental to the amenity of the area or offensive, they may—

      (a) serve a removal notice on the owner of the structure, apparatus or plant which include the surface; or

      (b) if after reasonable inquiry the identity of the owner cannot be ascertained, affix a removal notice to the surface.

    (2)   A removal notice is a notice requiring the owner to remove or obliterate the graffiti within a period specified in the notice, being not less than 14 days after the service or affixation of the notice.

    (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

   

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.'.


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.'.


Parliament Square

   

Mr Graham Allen

NC12

To move the following Clause:—

       'The Secretary of State may by order prescribe that individuals involved in permanent or semi-permanent demonstrations in Parliament Square, Westminster may be removed.'.



 
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