(22-24)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  22  )

“the relevant authority” has the meaning given by section (Complaints

to which this Part applies)(5);

“remedial notice” shall be construed in accordance with section

(Remedial notices)(1);

“remedial action” has the meaning given by section (Remedial

notices)(9).”
60
Insert the following new Clause—

“Power to amend sections (Complaints to which this Part applies) and (High

hedges)

(1)
Regulations may do one or both of the following—

(a)
amend section (Complaints to which this Part applies) for the purpose

of extending the scope of complaints relating to high hedges to

which this Part applies; and

(b)
amend section (High hedges) (definition of “high hedge”).

(2)
The power to make such regulations shall be exercisable—

(a)
in relation to complaints about hedges situated in England, by the

Secretary of State; and

(b)
in relation to complaints about hedges situated in Wales, by the

National Assembly for Wales.

(3)
Regulations under this section may make such consequential amendments

of this Part as the person making the regulations considers appropriate.”
61
Insert the following new Clause—

“Crown application

(1)
This Part and any provision made under it bind the Crown.

(2)
This section does not impose criminal liability on the Crown.

(3)
Subsection (2) does not affect the criminal liability of persons in the service

of the Crown.”
62
Insert the following new Clause—

“Proceedings under section 222 of the Local Government Act 1972: power of

arrest attached to injunction

(1)
This section applies to proceedings in which a local authority is a party by

virtue of section 222 of the Local Government Act 1972 (power of local

authority to bring, defend or appear in proceedings for the promotion or

protection of the interests of inhabitants of their area).

(2)
If the court grants an injunction which prohibits conduct which is capable

of causing nuisance or annoyance to a person it may, if subsection (3) below

applies, attach a power of arrest to any provision of the injunction.

(3)
This subsection applies if the local authority applies to the court to attach

the power of arrest and the court thinks that either—

(a)
the conduct mentioned in subsection (2) consists of or includes the

use or threatened use of violence, or

(  23  )

(b)
there is a significant risk of harm to the person mentioned in that

subsection.

(4)
Harm includes serious ill-treatment or abuse (whether physical or not).

(5)
Local authority has the same meaning as in section 222 of the Local

Government Act 1972.”
Clause 67
63
Page 51, line 11, leave out “subsection (2)” and insert “subsections (2) and (3)”
64
Page 51, line 14, after “24(1),” insert “(Proceedings under section 222 of the Local

Government Act 1972: power of arrest attached to injunction),”
65
Page 51, line 14, after “53” insert “to 55”
66
Page 51, line 18, at end insert—

“(3)
Part 8A comes into force—

(a)
in relation to complaints about hedges situated in England, in

accordance with provision made by the Secretary of State by order;

(b)
in relation to complaints about hedges situated in Wales, in

accordance with provision made by the National Assembly for

Wales by order.”
Clause 68
67
Page 51, line 25, after “purposes” insert “, different cases”
68
Page 51, line 28, after “provisions” insert “(including provisions applying, with or

without modification, provision contained in an enactment)”
69
Page 51, line 33, after “than” insert—

“(a)
regulations under section (Power to make further provision about

documents in electronic form) or (Power to amend sections (Complaints

to which this Part applies) and (High hedges)); or

(b)”
70
Page 51, line 33, at end insert—

“(5)
No regulations shall be made by the Secretary of State under section (Power

to make further provision about documents in electronic form) or (Power to amend

sections (Complaints to which this Part applies) and (High hedges)) (whether

alone or with other provisions) unless a draft of the statutory instrument

containing the regulations has been laid before, and approved by a

resolution of, each House of Parliament.”
Clause 70
71
Page 52, line 2, leave out “, 7 and 8” and insert “and 7 to 8A”
Schedule 1
72
Page 60, line 28, at end insert—

     “( )
In section 171B (extent of preserved right to buy) after subsection (1)

there is inserted the following subsection—

(  24  )

“(1A)
A person to whom this section applies ceases to have the

preserved right to buy if the tenancy of a relevant dwelling-

house becomes a demoted tenancy by virtue of a demotion order

under section 6A of the Housing Act 1988.””
73
Page 60, line 37, after first “of” insert “section 20B of the Housing Act 1988 or”
Schedule 3
74
Page 64, line 19, column 2, at beginning insert—

“In section 63(2), “in the open air”.”