Amendments proposed to the Serious Organised Crime and Police Bill - continued House of Commons

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Mr David Heath
Dr Evan Harris

191

Clause     123,     page     87,     line     14,     at end insert 'or'.

   

Mr David Heath
Dr Evan Harris
Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown

190

Clause     123,     page     87,     line     15,     leave out from 'Parliament' to end of line 17.

   

Mr David Heath
Dr Evan Harris
Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown

192

Clause     123,     page     87,     line     36,     after 'officers', insert ', being of or above the rank of inspector,'.

   

Mr David Heath
Dr Evan Harris

193

Clause     123,     page     88,     line     9,     leave out 'one kilometre' and insert '100 metres'.

   

Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown

307

Clause     123,     page     88,     line     9,     leave out 'one kilometre' and insert '250 metres'.

   

Mr David Heath
Dr Evan Harris

194

Clause     123,     page     88,     line     11,     leave out subsection (11).

   

Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown

308

Clause     123,     page     88,     line     12,     leave out paragraph (a).

   

Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown

158

Page     87,     line     2,     leave out Clause 123.


   

Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown

159

Page     88,     line     19,     leave out Clause 124.


   

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

Corresponding Scottish offence

   

Caroline Flint

NC28

To move the following Clause:—

    '(1)   A person commits an offence if he enters, or is on, any designated Scottish site without lawful authority.

    (2)   A "designated Scottish site" means a site in Scotland—

      (a) specified or described (in any way) in an order made by the Secretary of State or by the Scottish Ministers, and

      (b) designated for the purposes of this section by the order.

    (3)   The Secretary of State may only designate a site for the purposes of this section if it appears to him that it is appropriate to designate the site in the interests of national security.

    (4)   The Scottish Ministers may only designate a site for the purposes of this section if—

      (a) it is comprised in Crown Land; or

      (b) it is comprised in land belonging to Her Majesty in Her private capacity or to the immediate heir to the Throne in his private capacity.

    (5)   It is a defence for a person charged with an offence under this section to prove that he did not know, and had no reasonable cause to suspect, that the site in relation to which the offence is alleged to have been committed was a designated Scottish site.

    (6)   A person guilty of an offence under this section is liable on summary conviction—

      (a) to imprisonment for a term not exceeding 12 months, or

      (b) to a fine not exceeding level 5 on the standard scale,

    or to both.

    (7)   For the purposes of subsection (1), a person who is on any designated Scottish site without lawful authority does not acquire lawful authority by virtue of being allowed time to leave the site.

    (8)   In this section—

      (a) "site" means the whole or part of any building or buildings, or any land, or both;

      (b) "Crown land" means land in which there is a Crown interest.

    (9)   For this purpose "Crown interest" means an interest belonging to Her Majesty in right of the Crown.'.


Designated Scottish sites: access

   

Caroline Flint

NC29

To move the following Clause:—

    '(1)   Section 1 of the Land Reform (Scotland) Act 2003 (asp 2) (access rights) does not apply to land in respect of which a designation order is in force.

    (2)   The Secretary of State may take such steps as he considers appropriate to inform the public of the effect of any designation order made by him.

    (3)   The Scottish Ministers may take such steps as they consider appropriate to inform the public of the effect of any designation order made by them.

    (4)   The steps referred to in subsections (2) and (3) may include, in particular, displaying notices on or near the site to which the order in question relates.

    (5)   But the Secretary of State or (as the case may be) the Scottish Ministers may only—

      (a) display any such notice, or

      (b) take any other steps under subsection (2) or (3),

    in or on any building or land, if the appropriate person consents.

    (6)   The "appropriate person" is—

      (a) a person appearing to the Secretary of State or (as the case may be) to the Scottish Ministers to have a sufficient interest in the building or land to consent to the notice being displayed or the steps being taken, or

      (b) a person acting on behalf of such a person.

    (7)   In this section a "designation order" means an order under section [Corresponding Scottish offence].'


Parental compensation orders

   

Caroline Flint

NC30

To move the following Clause:—

    'Schedule (Parental compensation orders) is to have effect.'.


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—

       'local authority'—

      (a) in relation to England, means—

      (i) a county council

      (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.".'.


 
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