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| | Tuesday 25th January 2005 |
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| | [Third and Fourth Sittings] —————————— |
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| | | The Amendments have been arranged in accordance with the Order of the |
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| | Clause 7, page 5, line 3, leave out paragraph (c). |
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| | Clause 7, page 5, line 6, leave out paragraph (e). |
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| | Clause 7, page 5, line 6, leave out ‘prescribed persons’ and insert ‘persons |
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| | specifically prescribed by Parliament.’. |
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| | Clause 7, page 5, line 6, leave out ‘prescribed persons’ and insert ‘persons pre- |
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| | scribed in regulations made by the Secretary of State. |
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| | | (3) | The power to make regulations under subsection (2)(e) above shall be exercisable |
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| | | (4) | A statutory instrument containing regulations made under subsection (2)(e) |
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| | | above shall be subject to annulment in pursuance of a resolution of either House |
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| | | Clause, as amended, Agreed to. |
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| | Schedule 3, page 78, line 32, leave out ‘77(2) ‘and insert ‘77A(2)’. |
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| | Schedule 3, page 79, line 39, leave out ‘77(2) ’and insert ‘77A(2)’. |
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| | | Schedule, as amended, Agreed to. |
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| | Clause 10, page 9, line 10, at end insert— |
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| | | ‘(za) | that the motor vehicle is not registered in Great Britain or Northern |
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| | Clause 10, page 9, line 12, at end insert— |
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| | | ‘(aa) | the person committing the offence is not normally |
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| | | resident in the United Kingdom and’. |
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| | Clause 10, page 9, line 23, leave out ‘United Kingdom’ and insert ‘European |
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| | Clause 10, page 12, line 23, at end insert ‘provided that such direction is reasonable |
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| | in the circumstances and does not result in or require the person so directed to pay any |
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| | costs, fees or expenses to any third party as a direct consequence of the direction.’. |
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| | Clause 11, page 14, line 7, at end insert— |
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| | | ‘(4A) | Leave out subsection (1)(a) and insert— |
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| | | “(a) | to provide two specimens of breath for analysis by means of a |
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| | | device approved by the Secretary of State and operated by a |
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| | | trained operative in accordance with the manufacturer’s |
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| | Clause 11, page 14, line 20, at end insert— |
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| | | “(2AA) | For the purposes of this section a breath test shall not be relevant if it is |
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| | | administered within 20 minutes of alcohol having been consumed or would have |
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| | | been so administered but for a failure to co-operate with it.”. |
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| | Clause 11, page 14, line 20, at end insert— |
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| | | “(2AA) | For the purposes of this section a breath test shall not be relevant unless the bag |
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| | | was inflated in not less than 10 seconds and not more than 20 seconds.”. |
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| | Clause 11, page 15, line 3, at end insert— |
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| | | ‘(6A) | In section 8 of the Act (choice of specimens of breath), leave out subsection (2) |
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| | | “(2) | If the specimen with the lower proportion of alcohol contains no more |
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| | | than 50 microgrammes of alcohol in 100 millilitres of breath the person |
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| | | who provided it shall be asked by a constable if he wishes it to be |
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| | | replaced by such specimen as may be required under section 7(4) of this |
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| | | Act and if he then provides such a specimen neither specimen of breath |
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| | | Clauses 12 and 13 Agreed to. |
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| | Clause 14, page 17, line 17, leave out paragraph (a). |
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| | Clause 14, page 17, line 40, leave out ‘9’ and insert ‘30’. |
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| | Clause 14, page 18, line 14, at beginning insert ‘without reasonable excuse to |
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| | comply with a reasonable requirement.’. |
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| | Clause 15, page 21, line 35, leave out from ‘2010’ to end of line 37. |
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| | Clause 16, page 22, line 29, leave out ‘2-6’ and insert ‘3-6’. |
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| | Clause 16, page 22, line 29, leave out ‘2-6’ and insert ‘1-5’. |
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| | Clause 16, page 22, line 33, leave out ‘2-6’ and insert ‘3-6’. |
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| | Clause 16, page 22, line 33, leave out ‘2-6’ and insert ‘1-5’. |
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| | Clause 16, page 22, line 33, leave out from ‘substitute’ to end of line 34 and |
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| | | | “‘3-6 or appropriate penalty points (fixed penalty points (fixed penalty) |
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| | | if committed in respect of a speed limit on a restricted road; 2-6 penalty |
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| | | points (fixed penalty) in other cases.” |
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| | | (c) | “restricted road” in subsection (b) means a road as restricted in section 82 |
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| | | of the Road Traffic Regulation Act 1984 (c. 27).’. |
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| | Clause 16, page 22, line 34, at end add ‘if committed in respect of a speed limit on |
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| | a restricted road; 2-6 or appropriate penalty points (fixed penalty) in any other case, and |
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| | (c) “restricted road” in paragraph (b) means a road defined as restricted in section 82 of |
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| | the Road Traffic Regulation Act 1984 (c. 27).’. |
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| | Clause 17, page 22, line 43, leave out ‘detect, or’. |
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| | Clause 17, page 22, line 43, leave out ‘detect’ and insert ‘provide information |
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| | Clause 17, page 23, line 12, at end insert— |
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| | | ‘(2) | All permanent speed assessment equipment shall be properly illuminated during |
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| | | the hours of darkness and shall include a clearly visible indication of the |
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| | | applicable speed limit.”.’. |
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| | Clause 18, page 24, line 1, at end insert— |
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| | | ‘( ) | Section 87 of the Road Traffic Regulation Act 1984 (c.27) (exemption of fire, |
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| | | ambulance and police vehicles from speed limits) is to be entitled “(exemption of |
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| | | fire, ambulance, police and military vehicles from speed limits)”.’. |
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| | Clause 18, page 24, line 2, leave out ‘Road Traffic Regulation Act 1984 (c.27) and |
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| | Clause 18, page 24, line 5, after ‘(a)’, insert ‘, after “ambulance” insert “, |
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| | Clause 18, page 24, line 9, at end insert ‘or— |
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| | | (ba) | a serving officer of Her Majesty’s Armed Forces has |
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| | | certified in writing within 28 days of the date of any |
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| | | breach of the speed limit that the vehicle was being used |
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| | | for military purposes in the line of duty, or’. |
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| | [Adjourned till Thursday at 9.25 a.m. |
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