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LORDS AMENDMENTs

TO THE

anti-social behaviour BILL

[The page and line references are to HL Bill 84 as first printed for the Lords.]

Clause 13

1

Page 10, line 20, leave out “residing in” and insert “with a right (of whatever

 

description) to reside in or occupy”

2

Page 10, line 21, at end insert—

 

“( )   

a person with a right (of whatever description) to reside in or

 

occupy other housing accommodation in the neighbourhood of

 

housing accommodation mentioned in paragraph (a);”

3

Page 10, line 22, leave out “visiting the housing accommodation or otherwise”

4

Page 10, line 23, leave out “locality of the” and insert “neighbourhood of”

5

Page 10, line 24, at end insert “mentioned in paragraph (a)”

6

Page 12, line 11, at end insert—

 

“(c)   

in relation to a neighbourhood, the whole of the housing

 

accommodation owned or managed by a relevant landlord in the

 

neighbourhood and any common areas used in connection with the

 

accommodation.”

Clause 14

7

Page 14, line 13, at end insert—

 

“( )   

Section 83 of that Act is amended as follows—

 

(a)   

in subsection (1) for the words from “the possession” to the second

 

“tenancy” substitute “an order mentioned in section 82(1A)”;

 

(b)   

in subsection (2)(b) for the words from “an order” to “tenancy”

 

substitute “the order”;

 

(c)   

after subsection (4) insert—

 
Bill 17953/2

 

(  2  )

 
 

“(4A)   

If the proceedings are for a demotion order under section

 

82A the notice—

 

(a)   

must specify the date after which the proceedings

 

may be begun;

 

(b)   

ceases to be in force twelve months after the date so

 

specified.”;

 

(d)   

in subsection (5) for “or (4)” substitute “(4) or (4A)”.”

8

Page 14, line 40, at end insert—

 

“(4A)   

The court must not entertain proceedings for a demotion order unless—

 

(a)   

the landlord has served on the tenant a notice under subsection

 

(4B), or

 

(b)   

the court thinks it is just and equitable to dispense with the

 

requirement of the notice.

 

(4B)   

The notice must—

 

(a)   

give particulars of the conduct in respect of which the order is

 

sought;

 

(b)   

state that the proceedings will not begin before the date specified in

 

the notice;

 

(c)   

state that the proceedings will not begin after the end of the period

 

of twelve months beginning with the date of service of the notice.

 

(4C)   

The date specified for the purposes of subsection (4B)(b) must not be before

 

the end of the period of two weeks beginning with the date of service of the

 

notice.”

Clause 24

9

Page 23, line 23, leave out subsection (2)

Clause 29

10

Page 25, line 21, leave out “27” and insert “28

11

Page 25, line 30, at end insert—

 

   

““guardian” has the same meaning as in the Children and Young

 

Persons Act 1933 (c. 12),”

Clause 31

12

Page 27, leave out line 18 and insert “An authorisation may not be given without

 

the consent of the local authority or each”

Clause 35

13

Page 29, line 22, leave out “30(1)(a)” and insert “31(1)(a)”

Clause 37

14

Page 30, line 7, at end insert—

 

“(za)   

after paragraph (a) there is inserted—

 

“(aa)   

in relation to England, a county council;”;”

15

Page 30, line 12, after “acts)” insert “—


 

(  3  )

 
 

(a)   

after paragraph (a) there is inserted—

 

“(aa)   

in relation to a relevant authority falling within

 

paragraph (aa) of subsection (1A), persons within

 

the county of the county council;”;

 

(b)   

16

Page 31, line 2, at end insert—

 

“(6A)   

In section 1E (consultation requirements) after subsection (4) there is

 

inserted—

 

“(5)   

Subsection (4)(a) does not apply if the relevant authority is a county

 

council for a county in which there are no districts.””

17

Transpose Clause 37 to after Clause (Crown Application)

Clause 38

18

Transpose Clause 38 to after Clause (Crown Application)

Clause 39

19

Transpose Clause 39 to after Clause (Crown Application)

Clause 40

20

Transpose Clause 40 to after Clause (Crown Application)

Clause 41

21

Transpose Clause 41 to after Clause (Crown Application)

Clause 42

22

Transpose Clause 42 to after Clause (Crown Application)


 

(  4  )

 

Clause 48

23

Page 39, line 40, at end insert—

 

“(5)   

In section 9 (section 8: supplementary), for subsection (4) substitute—

 

“(4)   

A local authority may use any sums it receives under section 8 (its

 

“penalty receipts”) only for the purposes of functions of its that are

 

qualifying functions.

 

(4A)   

The following are qualifying functions for the purposes of this

 

section—

 

(a)   

functions under this Act, and

 

(b)   

functions of a description specified in regulations made by

 

the Secretary of State.

 

(4B)   

Regulations under subsection (4A)(b) may (in particular) have the

 

effect that a local authority may use its penalty receipts for the

 

purposes of any of its functions.

 

(4C)   

A local authority must supply the Secretary of State with such

 

information relating to the use of its penalty receipts as the

 

Secretary of State may require.

 

(4D)   

The Secretary of State 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.

 

(4E)   

The provision that may be made under subsection (4D)(a)(ii)

 

includes (in particular) provision for the payment of sums to a

 

person (including the Secretary of State) other than the local

 

authority.

 

(4F)   

Before making regulations under this section, the Secretary of State

 

must consult—

 

(a)   

the local authorities to which the regulations are to apply,

 

and

 

(b)   

such other persons as the Secretary of State considers

 

appropriate.”

 

(6)   

In section 11 (interpretation and subordinate legislation), in subsection (3)

 

after “order”, in the first place where it occurs, insert “or regulations”.

 

(7)   

The reference to the Noise Act 1996 (c. 37) in Schedule 1 to the National

 

Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) is to

 

be treated as referring to that Act as amended by this section.”

Clause 54

24

Page 43, line 29, at end insert—


 

(  5  )

 
 

“(5A)   

A graffiti removal notice must explain the effect of subsections (4) and (5)

 

and sections (Recovery of expenditure) and (Appeals).”

25

Page 44, line 22, leave out second “section” and insert “sections (Recovery of

 

expenditure) to”

26

Page 44, line 26, at end insert—

 

““graffiti removal notice” has the meaning given by subsection (2),”

27

Page 44, line 30, after “160(4)” insert “and (5)”

After Clause 54

28

Insert the following new Clause—

 

“Recovery of expenditure

 

(1)   

A local authority may recover from the person on whom a graffiti removal

 

notice was served expenditure reasonably incurred in exercise of the power

 

under section 54(4).

 

(2)   

A local authority may not recover expenditure from a person under

 

subsection (1) unless it has served on that person a notice which sets out the

 

amount of, and details of, the expenditure which it proposes to recover.

 

(3)   

Section 160 of the Environmental Protection Act 1990 (c. 43) has effect in

 

relation to notices under subsection (2) as if they were notices within

 

subsection (2) of that section.”

29

Insert the following new Clause—

 

“Guidance

 

(1)   

The Secretary of State must issue guidance to local authorities in England

 

for the purposes of sections 54 and (Recovery of expenditure).

 

(2)   

The National Assembly for Wales must issue guidance to local authorities

 

in Wales for the purposes of sections 54 and (Recovery of expenditure).

 

(3)   

A local authority must have regard to any guidance issued to it under this

 

section.”

30

Insert the following new Clause—

 

“Appeals

 

(1)   

A person on whom a graffiti removal notice is served may, within the

 

period of 21 days beginning with the day on which it is served, appeal

 

against the notice to a magistrates’ court on any of the following grounds.

 

(2)   

They are—

 

(a)   

that the defacement is neither detrimental to the amenity of the area

 

nor offensive,

 

(b)   

that there is a material defect or error in, or in connection with, the

 

notice,

 

(c)   

that the notice should be served on another person.


 

(  6  )

 
 

(3)   

Where an appeal under subsection (1) is brought, the graffiti removal

 

notice shall be of no effect pending the final determination or withdrawal

 

of the appeal.

 

(4)   

On the determination of such an appeal, the magistrates’ court must do one

 

of the following—

 

(a)   

quash the notice,

 

(b)   

modify the notice,

 

(c)   

dismiss the appeal.

 

(5)   

Where the court modifies the notice or dismisses the appeal, it may extend

 

the period specified in the notice.

 

(6)   

A person on whom a notice under section (Recovery of expenditure)(2) is

 

served may, within the period of 21 days beginning with the day on which

 

it is served, appeal to a magistrates’ court on the grounds that the

 

expenditure which the authority is proposing to recover is excessive.

 

(7)   

On the determination of an appeal under subsection (6), the magistrates’

 

court must do either of the following—

 

(a)   

confirm that the amount which the authority is proposing to

 

recover is reasonable, or

 

(b)   

substitute a lower amount as the amount which the authority are

 

entitled to recover.”

Clause 55

31

Page 44, line 40, after “liability” insert “to any person responsible for the relevant

 

surface”

32

Page 45, line 12, leave out paragraph (d)

33

Page 45, line 15, at end insert—

 

“(5)   

Section 54(10) is to apply for the purposes of this section as it applies for the

 

purposes of that section.”

After Clause 55

34

Insert the following new Clause—

 

“Display of advertisements in contravention of regulations

 

In section 224(3) of the Town and Country Planning Act 1990 (c. 8) (offence

 

of displaying advertisement in contravention of regulations) for “level 3”,

 

in both places where it occurs, substitute “level 4”.”

Clause 56

35

Page 45, line 19, leave out “eighteen” and insert “sixteen”

36

Page 45, line 29, leave out “eighteen” and insert “sixteen”

Clause 57

37

Page 46, leave out lines 12 to 16

38

Page 46, line 20, at end insert—


 

(  7  )

 
 

“(4A)   

In section 71 of the Environmental Protection Act 1990 (c. 43) (obtaining

 

information from persons and authorities), after subsection (3) insert—

 

“(4)   

The Secretary of State may, by notice in writing, require a waste

 

regulation authority or waste collection authority in England and

 

Wales to supply to him, or to such other person as may be specified

 

in the notice, such information as may be so specified in respect of—

 

(a)   

cases where the authority has exercised any powers under

 

section 59 above, and

 

(b)   

cases where the authority has taken action under any other

 

enactment in respect of any deposit or other disposal of

 

controlled waste in contravention of section 33(1) above.””

After Clause 59

39

Insert the following new Clause—

 

“Raves

 

(1)   

Section 63 of the Criminal Justice and Public Order Act 1994 (c. 33) (powers

 

in relation to raves) is amended as follows.

 

(2)   

In subsection (1) for “100” substitute “20”.

 

(3)   

After subsection (1) insert—

 

“(1A)   

This section also applies to a gathering if—

 

(a)   

it is a gathering on land of 20 or more persons who are

 

trespassing on the land; and

 

(b)   

it would be a gathering of a kind mentioned in subsection

 

(1) above if it took place on land in the open air.”

 

(4)   

In subsection (2) omit “in the open air”.

 

(5)   

In subsection (7) for “this section” substitute “subsection (6) above”.

 

(6)   

After subsection (7) insert—

 

“(7A)   

A person commits an offence if—

 

(a)   

he knows that a direction under subsection (2) above has

 

been given which applies to him, and

 

(b)   

he makes preparations for or attends a gathering to which

 

this section applies within the period of 24 hours starting

 

when the direction was given.

 

(7B)   

A person guilty of an offence under subsection (7A) above is liable

 

on summary conviction to imprisonment for a term not exceeding

 

three months or a fine not exceeding level 4 on the standard scale,

 

or both.””

Clause 61

40

Page 48, line 9, after first “a” insert “suitable”

41

Page 48, line 14, at end insert—


 
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Revised 13 November 2003