Amendment Paper as at
Tuesday 24th June 2003
CONSIDERATION OF BILL
ANTI-SOCIAL BEHAVIOUR BILL, AS AMENDED
NOTE
The Amendments have been arranged in accordance with the Anti-Social Behaviour Bill (Programme) (No. 2).
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
62
Page 1, line 8 [Clause 1], after 'A', insert 'B or C'.
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
63
Page 1, line 9 [Clause 1], leave out 'and' and insert 'or'.
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
65
Page 3, line 3 [Clause 2], after 'A', insert 'B or C'.
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
64
Page 3, line 3 [Clause 2], at end insert 'or'.
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
66
Page 3, line 4 [Clause 2], leave out paragraph (b).
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
67
Page 3, line 5 [Clause 2], at end insert 'or'.
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
68
Page 3, line 6 [Clause 2], leave out paragraph (c).
Annette Brooke
Matthew Green
Simon Hughes
92
Page 6, line 37 [Clause 9], after 'constable', insert 'or authorised person'.
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
69
Page 8, line 2 [Clause 11], at end insert—
'and Class B and Class C controlled drugs which are Class B and Class C drugs within the meaning of that Act'.
Mr Secretary Blunkett
30
Page 8, line 27 [Clause 11], leave out subsection (10) and insert—
'( ) A person is the owner of premises if either of the following paragraphs applies to him—
| (a) | he is a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion; |
| (b) | he is a person who holds or is entitled to the rents and profits of the premises under a lease which (when granted) was for a term of not less than three years.'. |
Mr Secretary Blunkett
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
Annette Brooke
10
Page 10, line 28 [Clause 13], leave out 'immoral and'.
Mr Secretary Blunkett
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
Annette Brooke
11
Page 10, line 31 [Clause 13], leave out 'immoral or'.
Mr Secretary Blunkett
12
Page 11, line 4 [Clause 13], at end insert—
'153D Injunction against breach of tenancy agreement
(1) This section applies if a relevant landlord applies for an injunction against a tenant in respect of the breach or anticipated breach of a tenancy agreement on the grounds that the tenant—
| (a) | is engaging or threatening to engage in conduct that is capable of causing nuisance or annoyance to any person, or |
| (b) | is allowing, inciting or encouraging any other person to engage or threaten to engage in such conduct. |
(2) The court may proceed under subsection (3) or (4) if it is satisfied—
| (a) | that the conduct includes the use or threatened use of violence, or |
| (b) | that there is a significant risk of harm to any person. |
(3) The court may include in the injunction a provision prohibiting the person in respect of whom it is granted from entering or being in—
| (a) | any premises specified in the injunction; |
| (b) | any area specified in the injunction. |
(4) The court may attach a power of arrest to any provision of the injunction.
(5) Tenancy agreement includes any agreement for the occupation of residential accommodation owned or managed by a relevant landlord.'.
Mr Secretary Blunkett
13
Page 11, line 6 [Clause 13], leave out '153C' and insert '153D'.
Mr Secretary Blunkett
14
Page 11, line 27 [Clause 13], leave out from 'landlord' to end of line 29 and insert 'for the purposes of section 153D'.
Mr Secretary Blunkett
15
Page 11, line 40 [Clause 13], leave out from 'lease' to end of line 41 and insert 'which (when granted) was for a term of not less than three years'.
Mr Secretary Blunkett
16
Page 12, line 7 [Clause 13], after '153C(3)', insert 'or 153D(4)'.
Mr Secretary Blunkett
17
Page 12, line 12 [Clause 13], after '153C(3)', insert 'or 153D(4)'.
Mr Secretary Blunkett
18
Page 12, line 14 [Clause 13], after '153C(3)', insert 'or 153D(4)'.
Mr Secretary Blunkett
19
Page 12, line 17 [Clause 13], after '153C(3)', insert 'or 153D(4)'.
Mr Secretary Blunkett
20
Page 12, line 19 [Clause 13], after '153C(3)', insert 'or 153D(4)'.
Mr Secretary Blunkett
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
Annette Brooke
21
Page 13, line 17 [Clause 14], leave out 'immoral or'.
Mr Secretary Blunkett
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
Annette Brooke
22
Page 14, line 18 [Clause 14], leave out 'immoral or'.
Annette Brooke
Matthew Green
Simon Hughes
95
Page 45, line 2 [Schedule 1], leave out 'of the dwelling-house' and insert 'under section 143E'.
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
75
Page 45, line 39 [Schedule 1], leave out from 'possession' to end of line 40 and insert 'if it is satisfied
| (a) | that conduct under section 153A or 153B of the Housing Act 1996 has taken place since the making of the demotion order and |
| (b) | that the procedure under sections 143E and 143F has been followed. |
Annette Brooke
Matthew Green
Simon Hughes
96
Page 45 [Schedule 1], leave out lines 39 and 40 and insert—
'(2) The court must make an order for possession under this section if it is satisfied—
| (a) | that the tenant or a person residing in or visiting the dwelling house has engaged or threatened to engage in conduct to which section 153A or 153B of the Housing Act 1996 (anti-social behaviour or use of premises for immoral or unlawful purposes) applies, and |
| (b) | the procedure under sections 143E and 143F has been followed.'. |
Annette Brooke
Matthew Green
Simon Hughes
91
Page 46, line 3 [Schedule 1], after 'unless', insert—
| '(a) | the grounds for possession are related to anti-social behaviour; |
| (b) | the landlord has made attempts to resolve the problem of anti-social behaviour with the tenant and any family by liaising with other agencies if necessary; and'. |
Mr Oliver Letwin
Mr James Paice
Mr Nick Hawkins
Mr Mark Francois
61
Page 46, line 9 [Schedule 1], at end insert—
'including evidence of further conduct under section 153A or section 153B of the Housing Act 1996 which has taken place since the making of the demotion order.'.
Annette Brooke
Matthew Green
Simon Hughes
97
Page 51, line 20 [Schedule 1], at end insert—
'(2) In section 84 (grounds and orders for possession) after subsection (4) there is inserted the following—
"(5) For the purposes of this section—
| (a) | secure tenancies include demoted tenancies within the meaning of section 143A of the Housing Act 1996; |
| (b) | secure tenants demoted tenants within the meaning of that section.".'. |
Annette Brooke
Matthew Green
Simon Hughes
94
Page 15, line 20 [Clause 15], at end insert—
'In the Housing Act 1988 (c. 50) at the end of section 21 there is inserted the following subsection—
"(8) No order for possession under subsection (1) or (4) may be made in relation to a dwelling-house let on a tenancy to which section 20B above applies unless the court is satisfied that the tenant or a person residing in or visiting the dwelling house has engaged or threatened to engage in conduct to which section 153A or 153B of the Housing Act 1996 (anti-social behaviour or use of premises for immoral or unlawful purposes) applies.".'.
