|
Mr David Heath
Dr Evan Harris
196
*Clause 132, page 98, line 18, at end insert—
'Road Traffic Regulation Act 1984 (c. 27)
| | section 25(5) (pedestrian crossing regulations)'. |
Mr David Heath
Dr Evan Harris
195
*Clause 132, page 98, line 22, at end insert—
| | 'section 36(1) (drivers to comply with traffic signs)'. |
Caroline Flint
36
Clause 132, page 98, line 26, leave out 'and 104' and insert ', 104 and 110'.
Mr David Heath
Dr Evan Harris
200
*Clause 133, page 99, line 15, at end insert—
'Road Traffic Regulation Act 1984 (c. 27)
| | section 25(5) (pedestrian crossing regulations)'. |
Mr David Heath
Dr Evan Harris
199
*Clause 133, page 99, line 19, at end insert—
| | 'section 36(1) (drivers to comply with traffic signs)'. |
Caroline Flint
37
Clause 133, page 99, line 23, leave out 'and 104' and insert ', 104 and 110'.
NEW CLAUSES RELATING TO PARTS 4 AND 5
Maiming, etc. through use of motor vehicle
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
NC10
To move the following Clause:—
'Any person being the driver of a mechanically-propelled vehicle on a road or other place to which the public have access, who wilfully or intentionally uses that vehicle to maim or harm, or cause alarm or distress to another person, shall be guilty of an offence.'.
Extension of representation rights of Police Federation
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
NC11
To move the following Clause:—
'(1) In the Police Act 1996 (c. 16), section 59 (Police Federations) is amended as follows.
(2) After subsection (8) insert—
"(9) The Secretary of State may by regulations extend the scope of those persons who may be represented by the Police Federation for England and Wales, to such other class of persons employed in the police service in England and Wales as the Secretary of State may determine, subject to the agreement of the Police Federation.
| (13) | Regulations under subsection (9) may contain such supplementary and transitional provisions as appear to the Secretary of State to be appropriate. |
| (14) | Before making any regulations under the section the Secretary of State shall consult the three central committees of the Police Federation, sitting together as a joint committee. |
| (15) | A statutory instrument containing regulations under subsection (8) shall be subject to annulment in pursuance of resolution of either House of Parliament.".'. |
Power to seize etc. vehicles driven without a valid licence
Mr David Heath
Dr Evan Harris
NC15
*To move the following Clause:—
'After section 164 of the Road Traffic Act 1988 (c. 52) insert—
"164A Power of constables to seize vehicles driven without a valid licence
(1) Subsection (3) applies where—
| (a) | a contable in uniform requires, under section 164, a person to produce his licence for examination, |
| (b) | the person fails to produce such a licence, and |
| (c) | the constable has reasonable grounds for believing that the vehicle is being, or has been, driven in contravention of section 87. |
(2) Subsection (3) also applies where—
| (a) | a constable in uniform requires, under section 163, a person driving a motor vehicle to stop the vehicle, |
| (b) | the person fails to stop the vehicle, or to stop the vehicle long enough for the constable to make such lawful enquiries as he considers appropriate, and |
| (c) | the constable has reasonable grounds for believing that the vehicle is being, or has been, driven in contravention of section 87. |
(3) Where this subsection applies, the constable may—
| (a) | seize the vehicle in accordance with subsections (4) and (5) and remove it; |
| (b) | enter, for the purpose of exercising a power falling within paragraph (a), any premises (other than a private dwelling house) on which he has reasonable grounds for believing the vehicle to be; |
| (c) | use reasonable force, if necessary, in the exercise of any power conferred by paragraph (a) or (b). |
(4) Before seizing the motor vehicle, the constable must warn the person appearing to drive, or have driven, the vehicle in contravention of section 87 that he will seize it if the person does not provide him immediately with evidence that he holds a valid licence.
But the constable is not required to give such a warning if the circumstances make it impracticable for him to do so.
(5) If the constable is unable to seize the vehicle immediately because the person driving the vehicle has failed to stop as requested or has driven off, he may seize it at any time within the period of 24 hours beginning with the time at which the conditions in subsection (1) or (2) are first met.
(6) The powers conferred on a constable by this section are exercisable only at a time when regulations under section 164B are in force.
(7) In this section—
| (a) | a reference to a motor vehicle does not include an invalid carriage; |
| (b) | a reference to a licence is a reference to a document or other evidence within section 98; |
| (c) | 'private dwelling house' does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house. |
164B Retention etc. of vehicles seized under section 164A
(1) The Secretary of State may by regulations make provisions as to—
| (a) | the removal and retention of motor vehicles seized under section 164A; and |
| (b) | the release and disposal of such motor vehicles. |
(2) Regulations under subsection (1) may, in particular, make provision—
| (a) | for the giving of notice of the seizure of a motor vehicle under section 164A to a person who is the registered keeper, the owner or the driver of that vehicle; |
| (b) | for the procedure by which a person who claims to be the registered keeper or the owner of a vehicle seized under section 164A may seek to have it released; |
| (c) | for requiring the payment, by the registered keeper, owner or driver of the vehicle, of fees, charges or costs in relation to the removal and retention of such a motor vehicle and to any application for its release; |
| (d) | as to the circumstances in which a motor vehicle seized under section 164A may be disposed of; |
| (e) | as to the destination— |
| (i) | of any fees or charges payable in accordance with the regulations; |
| (ii) | of the proceeds (if any) arising from the disposal of a motor vehicle seized under section 164A; |
| (f) | for the delivery to a local authority, in circumstances prescribed by or determined in accordance with the regulations, of any motor vehicle seized under section 164A. |
(3) Regulations under subsection (1) must provide that a person who would otherwise be liable to pay any fee or charge under the regulations is not liable to pay it if—
| (a) | he was not driving the motor vehicle at the time in question, and |
| (b) | he did not know that the vehicle was being driven at that time, had not consented to its being driven and could not, by the taking of reasonable steps, have prevented it from being driven. |
(4) In this section—
| (a) | in relation to England, means— |
| (ii) | the council of a district comprised in an area for which there is no county council, |
| (iii) | a London borough council, |
| (iv) | the Common Council of the City of London, or |
| (v) | Transport for London; |
| (b) | in relation to Wales, means the council of a county or county borough; and |
| (c) | in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; |
| | 'registered keeper', in relation to a motor vehicle, means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994.".'. |
Caroline Flint
49
Clause 148, page 113, line 17, after 'section', insert '1(3),'.
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
164
Clause 148, page 113, line 18, at end insert—
| '(za) | any regulations under section 27;'. |
Caroline Flint
50
Clause 154, page 116, line 11, at end insert—
'( ) So far as they relate—
| (a) | to sections 113 and 115 of the Police Act 1997 as those sections apply to Scotland; |
| (b) | to section 125 of that Act, to the Regulation of Care (Scotland) Act 2001, to the Protection of Children (Scotland) Act 2003 and to the Criminal Justice (Scotland) Act 2003, |
section 150 and Schedule 16 come into force on such day as the Scottish Ministers may by order appoint.'.
Caroline Flint
51
Clause 155, page 117, line 22, leave out 'and repeals made by Schedules 14 and' and insert 'made by Schedule'.
REMAINING NEW CLAUSES
Legal privilege
Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
NC16
*To move the following Clause:—
'(1) Provision may be made by regulation for the resolution of disputes as to whether a document, or part of a document, is an item subject to legal privilege.
(2) The regulations may, in particular, make provision as to—
| (a) | the custody of the document whilst its status is being decided, |
| (b) | the appointment of an independent, legally qualified person to decide the matter, |
| (c) | the procedure to be followed, and |
| (d) | the costs of the proceedings.'. |
ORDER OF THE HOUSE [7TH DECEMBER 2004]
That the following provisions shall apply to the Serious Organised Crime and Police Bill:
Committal
1. The Bill shall be committed to a Standing Committee.
Proceedings in Standing Committee
2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 20th January.
3. The Standing Committee shall have leave to sit twice on the first day on which it meets.
Consideration and Third Reading
4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.
5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of the interruption on that day.
Programming Committee
6. Standing Order No. 83B (Programming committees) shall not apply to proceedings to a consideration and Third Reading.
Programming of proceedings
7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.
|
