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anti-social behaviour BILL |
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[The page and line references are to HL Bill 84 as first printed for the Lords.] |
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1 | Page 10, line 20, leave out “residing in” and insert “with a right (of whatever |
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| description) to reside in or occupy” |
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2 | Page 10, line 21, at end insert— |
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| “( ) | a person with a right (of whatever description) to reside in or |
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| occupy other housing accommodation in the neighbourhood of |
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| housing accommodation mentioned in paragraph (a);” |
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3 | Page 10, line 22, leave out “visiting the housing accommodation or otherwise” |
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4 | Page 10, line 23, leave out “locality of the” and insert “neighbourhood of” |
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5 | Page 10, line 24, at end insert “mentioned in paragraph (a)” |
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6 | Page 12, line 11, at end insert— |
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| “(c) | in relation to a neighbourhood, the whole of the housing |
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| accommodation owned or managed by a relevant landlord in the |
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| neighbourhood and any common areas used in connection with the |
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7 | Page 14, line 13, at end insert— |
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| “( ) | Section 83 of that Act is amended as follows— |
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| (a) | in subsection (1) for the words from “the possession” to the second |
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| “tenancy” substitute “an order mentioned in section 82(1A)”; |
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| (b) | in subsection (2)(b) for the words from “an order” to “tenancy” |
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| (c) | after subsection (4) insert— |
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| “(4A) | If the proceedings are for a demotion order under section |
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| (a) | must specify the date after which the proceedings |
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| (b) | ceases to be in force twelve months after the date so |
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| (d) | in subsection (5) for “or (4)” substitute “(4) or (4A)”.” |
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8 | Page 14, line 40, at end insert— |
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| “(4A) | The court must not entertain proceedings for a demotion order unless— |
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| (a) | the landlord has served on the tenant a notice under subsection |
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| (b) | the court thinks it is just and equitable to dispense with the |
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| requirement of the notice. |
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| (a) | give particulars of the conduct in respect of which the order is |
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| (b) | state that the proceedings will not begin before the date specified in |
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| (c) | state that the proceedings will not begin after the end of the period |
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| of twelve months beginning with the date of service of the notice. |
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| (4C) | The date specified for the purposes of subsection (4B)(b) must not be before |
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| the end of the period of two weeks beginning with the date of service of the |
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9 | Page 23, line 23, leave out subsection (2) |
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10 | Page 25, line 21, leave out “27” and insert “28” |
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11 | Page 25, line 30, at end insert— |
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| | ““guardian” has the same meaning as in the Children and Young |
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| Persons Act 1933 (c. 12),” |
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12 | Page 27, leave out line 18 and insert “An authorisation may not be given without |
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| the consent of the local authority or each” |
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13 | Page 29, line 22, leave out “30(1)(a)” and insert “31(1)(a)” |
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14 | Page 30, line 7, at end insert— |
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| “(za) | after paragraph (a) there is inserted— |
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| “(aa) | in relation to England, a county council;”;” |
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15 | Page 30, line 12, after “acts)” insert “— |
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| (a) | after paragraph (a) there is inserted— |
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| “(aa) | in relation to a relevant authority falling within |
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| paragraph (aa) of subsection (1A), persons within |
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| the county of the county council;”; |
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16 | Page 31, line 2, at end insert— |
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| “(6A) | In section 1E (consultation requirements) after subsection (4) there is |
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| “(5) | Subsection (4)(a) does not apply if the relevant authority is a county |
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| council for a county in which there are no districts.”” |
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17 | Transpose Clause 37 to after Clause (Crown Application) |
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18 | Transpose Clause 38 to after Clause (Crown Application) |
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19 | Transpose Clause 39 to after Clause (Crown Application) |
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20 | Transpose Clause 40 to after Clause (Crown Application) |
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21 | Transpose Clause 41 to after Clause (Crown Application) |
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22 | Transpose Clause 42 to after Clause (Crown Application) |
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23 | Page 39, line 40, at end insert— |
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| “(5) | In section 9 (section 8: supplementary), for subsection (4) substitute— |
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| “(4) | A local authority may use any sums it receives under section 8 (its |
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| “penalty receipts”) only for the purposes of functions of its that are |
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| (4A) | The following are qualifying functions for the purposes of this |
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| (a) | functions under this Act, and |
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| (b) | functions of a description specified in regulations made by |
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| (4B) | Regulations under subsection (4A)(b) may (in particular) have the |
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| effect that a local authority may use its penalty receipts for the |
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| purposes of any of its functions. |
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| (4C) | A local authority must supply the Secretary of State with such |
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| information relating to the use of its penalty receipts as the |
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| Secretary of State may require. |
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| (4D) | The Secretary of State may by regulations— |
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| (a) | make provision for what a local authority is to do with its |
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| (i) | pending their being used for the purposes of |
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| qualifying functions of the authority; |
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| (ii) | if they are not so used before such time after their |
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| receipt as may be specified by the regulations; |
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| (b) | make provision for accounting arrangements in respect of a |
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| local authority’s penalty receipts. |
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| (4E) | The provision that may be made under subsection (4D)(a)(ii) |
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| includes (in particular) provision for the payment of sums to a |
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| person (including the Secretary of State) other than the local |
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| (4F) | Before making regulations under this section, the Secretary of State |
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| (a) | the local authorities to which the regulations are to apply, |
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| (b) | such other persons as the Secretary of State considers |
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| (6) | In section 11 (interpretation and subordinate legislation), in subsection (3) |
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| after “order”, in the first place where it occurs, insert “or regulations”. |
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| (7) | The reference to the Noise Act 1996 (c. 37) in Schedule 1 to the National |
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| Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) is to |
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| be treated as referring to that Act as amended by this section.” |
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24 | Page 43, line 29, at end insert— |
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| “(5A) | A graffiti removal notice must explain the effect of subsections (4) and (5) |
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| and sections (Recovery of expenditure) and (Appeals).” |
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25 | Page 44, line 22, leave out second “section” and insert “sections (Recovery of |
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26 | Page 44, line 26, at end insert— |
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| ““graffiti removal notice” has the meaning given by subsection (2),” |
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27 | Page 44, line 30, after “160(4)” insert “and (5)” |
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28 | Insert the following new Clause— |
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| (1) | A local authority may recover from the person on whom a graffiti removal |
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| notice was served expenditure reasonably incurred in exercise of the power |
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| (2) | A local authority may not recover expenditure from a person under |
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| subsection (1) unless it has served on that person a notice which sets out the |
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| amount of, and details of, the expenditure which it proposes to recover. |
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| (3) | Section 160 of the Environmental Protection Act 1990 (c. 43) has effect in |
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| relation to notices under subsection (2) as if they were notices within |
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| subsection (2) of that section.” |
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29 | Insert the following new Clause— |
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| (1) | The Secretary of State must issue guidance to local authorities in England |
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| for the purposes of sections 54 and (Recovery of expenditure). |
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| (2) | The National Assembly for Wales must issue guidance to local authorities |
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| in Wales for the purposes of sections 54 and (Recovery of expenditure). |
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| (3) | A local authority must have regard to any guidance issued to it under this |
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30 | Insert the following new Clause— |
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| (1) | A person on whom a graffiti removal notice is served may, within the |
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| period of 21 days beginning with the day on which it is served, appeal |
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| against the notice to a magistrates’ court on any of the following grounds. |
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| (a) | that the defacement is neither detrimental to the amenity of the area |
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| (b) | that there is a material defect or error in, or in connection with, the |
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| (c) | that the notice should be served on another person. |
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| (3) | Where an appeal under subsection (1) is brought, the graffiti removal |
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| notice shall be of no effect pending the final determination or withdrawal |
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| (4) | On the determination of such an appeal, the magistrates’ court must do one |
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| (5) | Where the court modifies the notice or dismisses the appeal, it may extend |
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| the period specified in the notice. |
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| (6) | A person on whom a notice under section (Recovery of expenditure)(2) is |
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| served may, within the period of 21 days beginning with the day on which |
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| it is served, appeal to a magistrates’ court on the grounds that the |
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| expenditure which the authority is proposing to recover is excessive. |
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| (7) | On the determination of an appeal under subsection (6), the magistrates’ |
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| court must do either of the following— |
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| (a) | confirm that the amount which the authority is proposing to |
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| recover is reasonable, or |
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| (b) | substitute a lower amount as the amount which the authority are |
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31 | Page 44, line 40, after “liability” insert “to any person responsible for the relevant |
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32 | Page 45, line 12, leave out paragraph (d) |
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33 | Page 45, line 15, at end insert— |
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| “(5) | Section 54(10) is to apply for the purposes of this section as it applies for the |
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| purposes of that section.” |
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34 | Insert the following new Clause— |
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| “Display of advertisements in contravention of regulations |
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| In section 224(3) of the Town and Country Planning Act 1990 (c. 8) (offence |
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| of displaying advertisement in contravention of regulations) for “level 3”, |
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| in both places where it occurs, substitute “level 4”.” |
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35 | Page 45, line 19, leave out “eighteen” and insert “sixteen” |
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36 | Page 45, line 29, leave out “eighteen” and insert “sixteen” |
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37 | Page 46, leave out lines 12 to 16 |
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38 | Page 46, line 20, at end insert— |
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| “(4A) | In section 71 of the Environmental Protection Act 1990 (c. 43) (obtaining |
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| information from persons and authorities), after subsection (3) insert— |
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| “(4) | The Secretary of State may, by notice in writing, require a waste |
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| regulation authority or waste collection authority in England and |
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| Wales to supply to him, or to such other person as may be specified |
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| in the notice, such information as may be so specified in respect of— |
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| (a) | cases where the authority has exercised any powers under |
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| (b) | cases where the authority has taken action under any other |
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| enactment in respect of any deposit or other disposal of |
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| controlled waste in contravention of section 33(1) above.”” |
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39 | Insert the following new Clause— |
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| (1) | Section 63 of the Criminal Justice and Public Order Act 1994 (c. 33) (powers |
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| in relation to raves) is amended as follows. |
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| (2) | In subsection (1) for “100” substitute “20”. |
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| (3) | After subsection (1) insert— |
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| “(1A) | This section also applies to a gathering if— |
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| (a) | it is a gathering on land of 20 or more persons who are |
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| trespassing on the land; and |
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| (b) | it would be a gathering of a kind mentioned in subsection |
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| (1) above if it took place on land in the open air.” |
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| (4) | In subsection (2) omit “in the open air”. |
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| (5) | In subsection (7) for “this section” substitute “subsection (6) above”. |
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| (6) | After subsection (7) insert— |
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| “(7A) | A person commits an offence if— |
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| (a) | he knows that a direction under subsection (2) above has |
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| been given which applies to him, and |
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| (b) | he makes preparations for or attends a gathering to which |
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| this section applies within the period of 24 hours starting |
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| when the direction was given. |
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| (7B) | A person guilty of an offence under subsection (7A) above is liable |
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| on summary conviction to imprisonment for a term not exceeding |
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| three months or a fine not exceeding level 4 on the standard scale, |
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40 | Page 48, line 9, after first “a” insert “suitable” |
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41 | Page 48, line 14, at end insert— |
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