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

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Common land: modifications

   

Mr Secretary Blunkett

NC19

To move the following Clause:—

    'After section 62C of the Criminal Justice and Public Order Act 1994 (c.33) (inserted by section (Failure to comply with direction: seizure)) insert—

          "62D Common land: modifications

          (1)   In their application to common land sections 62A to 62C have effect with these modifications.

          (2)   References to trespassing and trespassers have effect as if they were references to acts, and persons doing acts, which constitute—

          (a) a trespass as against the occupier, or

          (b) an infringement of the commoners' rights.

          (3)   References to the occupier—

          (a) in the case of land to which the public has access, include the local authority and any commoner;

          (b) in any other case, include the commoners or any of them.

          (4)   Subsection (1) does not—

          (a) require action by more than one occupier, or

          (b) constitute persons trespassers as against any commoner or the local authority if they are permitted to be there by the other occupier.

          (5)   In this section "common land", "commoner" and "the local authority" have the meanings given by section 61."'


Interpretation

   

Mr Secretary Blunkett

NC20

To move the following Clause:—

    'After section 62D of the Criminal Justice and Public Order Act 1994 (c.33) (inserted by section (Common land: modifications)) insert—

          "62E Sections 62A to 62D: interpretation

          (1)   Subsections (2) to (8) apply for the interpretation of sections 62A to 62D and this section.

          (2)   "Land" does not include buildings other than—

          (a) agricultural buildings within the meaning of paragraphs 3 to 8 of Schedule 5 to the Local Government Finance Act 1988, or

          (b) scheduled monuments within the meaning of the Ancient Monuments and Archaeological Areas Act 1979.

          (3)   "Local authority" means—

          (a) in Greater London, a London borough or the Common Council of the City of London;

          (b) in England outside Greater London, a county council, a district council or the Council of the Isles of Scilly;

          (c) in Wales, a county council or a county borough council.

          (4)   "Occupier", "trespass", "trespassing" and "trespasser" have the meanings given by section 61 in relation to England and Wales.

          (5)   "The relevant land" means the land in respect of which a direction under section 62A(1) is given.

          (6)   "The relevant local authority" means—

          (a) if the relevant land is situated in the area of more than one local authority (but is not in the Isles of Scilly), the district council or county borough council within whose area the relevant land is situated;

          (b) if the relevant land is situated in the Isles of Scilly, the Council of the Isles of Scilly;

          (c) in any other case, the local authority within whose area the relevant land is situated.

          (7)   "Vehicle" has the meaning given by section 61.

          (8)   A person may be regarded as having a purpose of residing in a place even if he has a home elsewhere."'


Aggravated trespass

   

Mr Secretary Blunkett

NC21

To move the following Clause:—

    (1)   The Criminal Justice and Public Order Act 1994 (c.33) is amended as follows.

    (2)   In section 68 (offence of aggravated trespass), in subsection (1) (which defines the offence by reference to trespass on land in the open air and lawful activity on land in the open air) omit "in the open air" in both places where those words appear.

    (3)   In section 69 (powers to remove persons committing or participating in aggravated trespass), in subsection (1) (which confers the power by reference to trespass on land in the open air) omit "in the open air" in both places where those words appear.'


Public assemblies

   

Mr Secretary Blunkett

NC22

To move the following Clause:—

       'In section 16 of the Public Order Act 1986 (c.64) (which defines "public assembly" for the purposes of the power in section 14 of that Act to impose conditions on public assemblies), in the definition of "public assembly" for "20" substitute "2".'


Dispersal of Assemblies

   

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

NC9

To move the following Clause:—

    'The Public Order Act 1986 shall be amended as follows;       In Section 14, after subsection (10) insert—

      (10A) Where the senior police officer believes that the directions given under subsection (1) have been breached he may immediately take such action as he deems necessary to disperse the assembly.'.


   

Mr Secretary Blunkett

9

Page     55     [Schedule     3],     leave out lines 8 and 9.

   

Mr Secretary Blunkett

79

Page     55,     line     13     [Schedule     3],     at end insert—

'Criminal Justice and Public Order Act 1994 (c.33)In section 68(1), "in the open air" in both places.
In section 69(1), "in the open air" in both places.'
   

Mr Secretary Blunkett

34

Page     55,     [Schedule     3],     column 2, leave out line 24 and insert—

'In Schedule 6—
(a) in paragraph 3(2), the words "and       paragraph 4 below" and paragraph (e),       and
(b) paragraph 4.'.


   

Mr Secretary Blunkett

32

Page     43,     line     6     [Clause     57],     after 'Act', insert '(other than subsections (8) to (10) of section 36)'.

   

Mr Secretary Blunkett

78

Page     43,     line     33     [Clause     60],     after '7' insert 'and sections (Power to remove trespassers: alternative site available) to (Public assemblies)'


ANTI-SOCIAL BEHAVIOUR BILL (PROGRAMME) (No. 2)

    That the programme order of 8th April 2003 in relation to the Anti-social Behaviour Bill be varied as follows—

Consideration and Third Reading

    1.   Paragraphs 4 and 5 of the order shall be ommitted.

    2.   Proceedings on consideration shall be taken in the order shown in the first column of the following Table.

    3.   The proceedings shown in the first column of the Table shall (so far as not previously concluded) be brought to a conclusion at the time specified in the second column of the Table.


TABLE
Proceedings

Time for conclusion of
proceedings
Amendments to Part 1, New Clauses relating to Part 1, New Schedules relating to Part 1, amendments to Clauses 12 to 14, Schedule 1 and Clauses 15 to 17, New Clauses relating to Part 2, New Schedules relating to Part 2, amendments to Part 3, New Clauses relating to Part 3, New Schedules relating to Part 3An hour and three quarters after the commencement of proceedings on the Motion for this Order.
Amendments to Part 4, New Clauses relating to Part 4, New Schedules relating to Part 4, amendments to Clauses 36 to 39, Schedule 2 and Clauses 40 and 41, New Clauses relating to Part 5, New Schedules relating to Part 5Three and a quarter hours after the commencement of proceedings on the Motion for this Order.
Amendments to Part 6, New Clauses relating to Part 6, New Schedules relating to Part 6, amendments to Part 7, New Clauses relating to Part 7, New Schedules relating to Part 7, remaining New Clauses, remaining New Schedules, amendments to Clause 56, Schedule 3 and Clauses 57 to 61, remaining proceedings on the BillFive hours after the commencement of proceedings on the Motion for this Order.

    4.   Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion six hours after the commencement of proceedings on the Motion for this Order.


 
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Prepared 24 Jun 2003