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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—
| (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.".'. |
Racial and religious hatred (No. 2)
Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
NC17
To move the following Clause:—
'In section 17 of the Public Order Act 1986 (meaning of "racial hatred"), at the end there is inserted—
| "(2) | The threat, abuse or insults that are relevant for the purposes of this Part are not restricted to those that are expressly directed against such a group if— |
| (a) | he threatens those who hold a particular religious belief which is associated (wholly or partly) with the group, and |
| (b) | the threat is likely to stir up hatred of the group.".'. |
As Amendments to Mr Dominic Grieve's proposed Clause (NC17) (Racial and religious hatred (No. 2)):—
Dr Evan Harris
Mr David Heath
(a)
Line 6, leave out 'he' and insert 'a person'.
(b)
Line 6, after 'threatens', insert ', abuses or insults'.
(c)
Line 8, after 'threat', insert ', abuse or insult'.
Names and addresses of members of companies: individual application
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
NC18
To move the following Clause:—
'The following section is inserted after section 723C of the Companies Act 1985—
"723CA Individual members' confidentiality orders
(1) Subject to the provisions of this section, an individual may make an application under this section to the Secretary of State where the condition in subsection (2) is satisfied.
(2) That condition is that the individual—
| (a) | is or proposes to become a member of a relevant company; and |
| (b) | considers that the availability for inspection by members of the public of particulars of his name and usual residential or business address creates, or (if an order is not made under this section) is likely to create, a serious risk that he or a person who lives with him or is an employee of his will be subjected to violence or intimidation ("a serious risk"). |
(3) Where, on an application made by an individual under this section, the Secretary of State is satisfied that the availability for inspection by members of the public of the particulars of the individual's usual residential address creates or (if an order is not made under this section) is likely to create a serious risk that the individual, or a person who lives with him, or an employee of his will be subjected to violence or intimidation, he shall make an order under this section ("an individual member's confidentiality order") in relation to him.
(4) Otherwise, he shall dismiss the application.
(5) At any time when an individual member's confidentiality order is in force in relation to an individual the name and address of the individual in the register of members of the company which is the subject of the confidentiality order shall not be disclosed to any person who may request either the company or Companies House disclosure of such name and address save in prescribed circumstances.
(6) The Secretary of State shall give the applicant notice of his decision under subsection (3) or (4); and a notice under this subsection shall be given within such period and shall contain such information as may be prescribed.
(7) The Secretary of State may at any time revoke an individual member's confidentiality order if he is satisfied that such conditions as may be prescribed are satisfied.".'.
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