Amendments proposed to the Anti-social Behaviour Bill, As Amended - continued	House of Commons
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Mr Secretary Blunkett

5

Page     34,     line     38     [Clause     43],     at end insert—

'( )	in the entry relating to section 23(1) in the second column for "14" substitute "17",

( )	after that entry insert—

"Section 23(4)

Person under 17 making improper use of air weapon on private premises.

Summary

A fine of level 3 on the standard scale.

Paragraphs 7 and 8 of Part II of this Schedule apply.",

       and

( )	in the entry relating to section 24(4) in the second column for "14" substitute "17".'

   

Mr Secretary Blunkett

6

Page     34,     line     40     [Clause     43],     leave out 'omit "or (5)",' and insert 'for "22(4) or (5), 23(1)" substitute "22(4), 23(1) or (4)",'.

   

Mr Secretary Blunkett

7

Page     34,     line     41     [Clause     43],     leave out '", (4) or (5)" substitute "or (4)".' and insert '"22(3), (4) or (5), 23(1)" substitute "22(3) or (4), 23(1) or (4)".'.

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

70

Page     35,     line     7     [Clause     44],     after 'which', insert '(i)'.

   

Mr Secretary Blunkett

8

Page     35     [Clause     44],     leave out line 9.

   

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

71

Page     35,     line     9     [Clause     44],     at end insert 'and

(ii)	either has a barrel less than 30 centimetres in length for is less than 60 centimetres in length overall and

(iii)

is readily convertible (as defined in section 1(6) of the Firearms Act 1982) to fire ammunition capable of discharging a missile by the force of gunpowder or other explosive material.'.

   

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

72

Page     35,     line     25     [Clause     44],     after 'which', insert 'has a barrel length less than of 30 centimetres in length or is less than 60 centimetres in length overall and'.

   

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

73

Page     35,     line     27     [Clause     44],     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 explosive material'.

   

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

74

Page     35,     line     44     [Clause     44],     at end insert—

    '(4B)   If it appears to the Secretary of State that the provisions of the principal Act relating to prohibited weapons or ammunition should no longer apply to any weapon or ammunition he may by Order remove such weapon or ammunition from those specified in section 5.'.

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NEW CLAUSES RELATING TO PART 6

Carrying of an unloaded airgun or air rifle

   

Mr James Paice
Mr Nick Hawkins

NC13

To move the following Clause:—

    'At the end of section 23 of the Firearms Act 1968 insert—    '(3)   It is not an offence for a person who has attained the age of 14 but is under 17 to have an unloaded airgun or air rifle with him in a public place provided that:

(a)	The airgun or air rifle is so covered by a securely fastened gun cover so that it cannot be used,

(b)	The young person is travelling directly to or from a place at which he can lawfully use the airgun or where it has been kept on his behalf (whether for repair or otherwise).'.

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Requirement of firearm certificate for air weapons

   

Joyce Quin
Mr David Clelland
Mr Stephen Hepburn

NC6

To move the following Clause:—

    '(1)   For rule 2 of the Firearms (Dangerous Air Weapons) Rules 1969 (as amended by the Firearms (Dangerous Air Weapons) (Amendment) Rules 1993 there shall be substituted the following—

"2.—(1)

Subject to paragraph (2) below, rule 3 of these Rules applies to an air weapon (that is to say, an air rifle, air gun or air pistol)—

(a)	which is capable of discharging a missile so that the missile has, on being discharged from the muzzle of the weapon, kinetic energy in excess of 5.42 joules (4ft/lb), or

(b)	which is disguised as another object.

(2)	Rule 3 of these Rules does not apply to a weapon which only falls within (1)(a) above and which is designed for use only when submerged in water.".'.

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Mr Graham Allen

27

Page     36,     line     6     [Clause     45],     after 'order' insert 'and impose a fixed penalty notice'.

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Mr Graham Allen

28

Page     38,     line     6     [Clause     48],     after 'penalty' insert 'and repair of any damage caused'.

   

Mr Secretary Blunkett

24

Page     38,     line     18     [Clause     48],     at end insert—

    '(2A)   In the case of a relevant offence falling within section 49(1)(f), an authorised officer may not give a notice to a person under subsection (1) in relation to the display of an advertisement unless he has reason to believe that that person personally affixed or placed the advertisement to, against or upon the land or object on which the advertisement is or was displayed.'.

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Mr Secretary Blunkett

25

Page     39,     line     17     [Clause     49],     at end insert—

'(f)	an offence under section 224(3) of the Town and Country Planning Act 1990 (c.8) (displaying advertisement in contravention of regulations).'.

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Mr Secretary Blunkett

26

Page     40,     line     32     [Clause     52],     at end insert—

'"advertisement" and "land" have the meanings given by section 336(1) of the Town and Country Planning Act 1990 (c.8),'.

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Annette Brooke
Matthew Green
Simon Hughes

81

Page     41,     line     8     [Clause     53],     at end insert—

'( )	a local authority may apply the following powers subject to enacting its own by-law on regulations on the sale of aerosol paint containers to persons of sixteen years or over.'.

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Mr Graham Allen

29

Page     42,     line     9     [Clause     54],     at end insert—

       'In paragraph (b) of Section 88(2) of the Environmental Protection Act 1990 after 'penalty' insert 'and repairs any damage caused'.

   

Valerie Davey
Dr Doug Naysmith

80

Page     42,     line     9     [Clause     54],     at end insert—

    '( )   Schedule 4 of the Environment Protection Act 1990 to be amended as follows:

(a)	at the end of paragraph 3(3) insert "and by way of demand make a charge to cover the local authority's cost of removing, transportation, storage and delivery".

(b)	after paragraph 3(4) insert—

    ( )   "when the owner of a shopping or luggage trolley refuses to accept the return of any such trolley the local authority shall by way of demand charge the owner of such a trolley for the cost of removing, transportation, storage and disposal".'.

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NEW CLAUSES RELATING TO PART 7

Graffiti removal notices

   

Mr Secretary Blunkett

NC14

To move the following Clause:—

    '(1)   This section applies where a local authority is satisfied—

(a)	that a relevant surface in an area has been defaced by graffiti, and

(b)	that the defacement is detrimental to the amenity of the area or is offensive.

    (2)   The authority may serve a notice (a "graffiti removal notice") upon any person who is responsible for the surface imposing the requirement mentioned in subsection (3).

    (3)   That requirement is a requirement that the defacement be removed, cleared or otherwise remedied within a period specified in the notice being not less than 28 days beginning with the day on which the notice is served.

    (4)   If the requirement mentioned in subsection (3) is not complied with, the authority or any person authorised by the authority may remove, clear or otherwise remedy the defacement.

    (5)   In exercising the power under subsection (4) the authority or any person authorised by the authority may enter any land to the extent reasonably necessary for that purpose.

    (6)   Subject to subsection (7), section 160 of the Environmental Protection Act 1990 (c.43) has effect in relation to graffiti removal notices as if they were notices within subsection (2) of that section.

    (7)   Where after reasonable enquiry a local authority is unable to ascertain the name or proper address of any person who is responsible for a relevant surface, the authority may—

(a)	affix a graffiti removal notice to the surface, and

(b)	enter any land to the extent reasonably necessary for that purpose;

and that notice shall be treated as having been served upon a person responsible for the surface.

    (8)   In this section a "relevant surface" is any of the following surfaces, whether internal or external or open to the air or not—

(a)	the surface of any street or of any building, structure, apparatus, plant or other object in or on any street;

(b)	the surface of any land owned, occupied or controlled by a statutory undertaker or of any building, structure, apparatus, plant or other object in or on any such land;

(c)	the surface of any land owned, occupied or controlled by an educational institution (including its governing body) or of any building, structure, apparatus, plant or other object in or on any such land.

    (9)   But a surface is not a relevant surface unless—

(a)	in the case of a surface within subsection (8)(a), the street is public land;

(b)	in the case of a surface within subsection (8)(b) or (c)—

(i)	the land is public land,

(ii)	the surface is visible from public land, or

(iii)

the surface is otherwise visible to members of the public using the services or facilities of the statutory undertaker or educational institution in question or any other statutory undertaker or educational institution.

    (10)   A person is responsible for a relevant surface if—

(a)	where it is the surface of any land (including a street), he owns, leases, occupies, controls, operates or maintains the land, and

(b)	where it is the surface of any other thing mentioned in subsection (8), he owns, leases, occupies, controls, operates or maintains the thing.

    (11)   In this section and in section (Exemption from liability in relation to graffiti removal notices)—

"educational institution" has the meaning given by section 98(2) of the Environmental Protection Act 1990 (c.43),"graffiti" includes painting, writing, soiling, marking or other defacing by whatever means,"local authority" means an authority in England and Wales which is a litter authority for the purposes of section 88 of the Environmental Protection Act 1990 (c.43),"proper address" is to be read in accordance with section 160(4) of the Environmental Protection Act 1990 (c.43),"public land" means land to which the public are entitled or permitted to have access with or without payment (including any street to which the public are so entitled or permitted),"statutory undertaker" has the meaning given by section 98(6) of the Environmental Protection Act 1990 (c.43),"street" has the meaning given by section 48(1) of the New Roads and Street Works Act 1991 (c.22).'.

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Prepared 20 Jun 2003