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| | Tuesday 18th January 2005 |
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| | New Amendments handed in are marked thus * |
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| | | The Amendments have been arranged in accordance with the Resolution of the |
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| | | Programming Sub-Committee. |
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| | | Resolution of the Programming Sub-Committee |
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| | | That Programming Sub-Committee appointed by the Speaker in respect of the Bill |
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| | | agreed the following Resolution at its meeting on 17th January 2005 (Standing Order |
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| | | (1) | during proceedings on the Clean Neighbourhoods and Environment Bill the |
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| | | Standing Committee shall (in addition to its first meeting on Tuesday 18th |
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| | | January at 9.25 a.m.) meet on— |
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| | | (a) | Tuesday 18th January at 2.30 p.m. |
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| | | (b) | Thursday 20th January at 9.25 a.m. and 2.30 p.m. |
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| | | (c) | Tuesday 25th January at 9.25 a.m. and 2.30 p.m. |
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| | | (d) | Thursday 27th January at 9.25 a.m. and 2.30 p.m. |
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| | | (e) | Tuesday 1st February at 9.25a.m. and 2.30 p.m. |
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| | | (2) | The proceedings shall be taken in the following order—
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| | | Clauses 1 to 18, Clauses 20 and 21, Clauses 25 to 27, Clause 19, Clause 22, |
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| | | Clause 24, Clauses 28 to 30, Clause 23, Clauses 31 to 84, Schedule 1, Clauses |
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| | | 85 to 87, Schedule 2, Clauses 88 to 92, Schedule 3, Clauses 93 to 106, |
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| | | Schedule 4, Clause 107, Schedule 5, Clauses 108 to 111, New Clauses, New |
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| | | Schedules, Remaining proceedings on the Bill. |
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| | | (3) | The proceedings on the Bill shall (so far as not previously concluded) be |
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| | | brought to a conclusion at 5.30 p.m. on Tuesday 1st February. |
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| | | Alun Michael has given notice of his intention to move a motion in the terms of the |
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| | | Resolution of the Programming Sub-Committee [Standing Order No.83C]. |
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| | Clause 2, page 2, leave out lines 10 to 15 and insert— |
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| | | ‘(3) | A council may make such an order to restrict the public right of way where |
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| | | specific evidence exists that— |
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| | | (a) | illegal business activities have been conducted; or |
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| | | (b) | incidents of recorded crime have taken place; and’. |
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| | Clause 2, page 2, leave out lines 12 and 13. |
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| | Clause 2, page 2, line 22, after ‘locality’, insert ‘with particular regard to persons |
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| | with a disability that limits their mobility’. |
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| | Clause 2, page 2, line 24, leave out ‘a reasonably convenient alternative route’ and |
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| | insert ‘ a route which provides a reasonably convenient alternative route to the public at |
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| | the times when the gating order will be in force.’. |
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| | Clause 2, page 2, line 24, at end insert— |
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| | | ‘(d) | the likely effect of making the order on statutory undertakers whose |
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| | | apparatus is located in, on, over or adjacent to the highway.’. |
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| | Clause 2, page 2, line 30, at end insert— |
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| | | ‘( ) | any highway, any part of which crosses or abuts agricultural land;’. |
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| | Clause 2, page 2, line 43, at end insert ‘; or where the highway is the only or |
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| | principal means of access to any premises or land used for business.’. |
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| | Clause 2, page 2, line 43, at end insert ‘or the exercise of any right by a statutory |
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| | Clause 2, page 3, line 11, at end insert ‘, provided that any such order shall require |
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| | that the barrier be maintained in an open position during any such times as the restriction |
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| | Clause 2, page 3, line 13, at end insert, ‘, provided that the installation of such a |
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| | barrier does not restrict access to the highway during such times as the restriction is not |
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| | in force to the extent that any previous legitimate use of the highway is prevented.’. |
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| | Clause 2, page 3, line 13, at end insert— |
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| | | ‘(7A) | A council installing, operating or maintaining any barrier authorised under |
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| | | subsection 6 shall ensure at all times access through the barrier for statutory |
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| | Clause 2, page 3, line 22, at end insert ‘and statutory undertakers whose apparatus |
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| | is located in on over or adjacent to the highway’. |
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| | Clause 2, page 3, line 37, leave out ‘may’ and insert ‘must’. |
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| | Clause 2, page 4, line 6, at end insert ‘; or no longer complies in relation to it’. |
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| | Clause 2, page 4, leave out lines 7 and 8. |
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| | Clause 2, page 4, line 26, leave out ‘may’ and insert ‘must’. |
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| | Clause 2, page 4, line 30, at end insert— |
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| | | ‘(d) | the posting of maintenance at entry points to any highway subject to a |
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| | | gating order of a notice stating the nature of the restruction of the right of |
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| | | way and the times when the restriction is in force.’. |
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| | Clause 2, page 4, line 33, at end insert ‘; excepting those persons who would be |
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| | identified for the purposes of sections 129F(4) and 129F(6)(b) below’. |
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| | Clause 2, page 4, line 39, leave out ‘may’ and insert ‘must’. |
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| | Clause 2, page 4, line 44, leave out ‘may’ and insert ‘must’. |
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| | Clause 2, page 5, line 2, at end insert ‘; they are satisfied that no variation under |
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| | subsection (2) above would be expedient in all the circumstances for the purpose of |
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| | reducing crime or anti-social behaviour.’. |
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| | Clause 2, page 5, line 19, at end insert— |
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| | | ‘(d) | the periodic reviewing of gating orders with respect to their continuing |
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| | | expediency in all the circumstances for the purpose of reducing crime or |
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| | | anti-social behaviour; and with respect to the requirements of subsections |
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| | Clause 2, page 5, line 19, at end insert— |
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| | | ‘(d) | the reviewing of gating orders following requests from a person who |
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| | | would be identified for the purposes of subsections (4) and (6)(b) above’. |
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| | Clause 2, page 5, line 32, at end insert— |
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| | | ‘ “statutory undertaker” means— |
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| | | (a) | the person by whom a relevant statutory right is exercisable (in |
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| | | the capacity in which it is exercisable by him); or |
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| | | (b) | a person having permission under section 109 of the New Roads |
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| | | and Street Works Act 1991 (c.22) to execute road works, as the |
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| | | case may be references to an undertaker having apparatus in on |
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| | | over or adjacent to the highway, or to the undertaker to whom |
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| | | apparatus belongs, shall be construed accordingly.”.’. |
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| | Clause 3, page 6, line 2, leave out ‘3’ and insert ‘4’. |
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| | Clause 4, page 6, line 34, leave out ‘3’ and insert ‘4’. |
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| | Clause 6, page 7, line 15, at end insert— |
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| | | ‘( ) | The local authority shall provide the authorised officer with the means or |
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| | | equipment by which the officer may contact the police directly and request |
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| | | immediate assistance at any time during the issue or attempted issue of a fixed |
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| | Clause 8, page 8, line 36, leave out subsection (3). |
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| | Clause 10, page 12, line 1, leave out subsection (3). |
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| | Clause 11, page 12, line 30, leave out subsection (2) and insert— |
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| | | ‘(2) | leave out subsection (2) (Requirement to give notice to occupier).’. |
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| | Clause 20, page 17, leave out lines 2 to 10. |
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| | Clause 20, page 17, line 31, at end insert— |
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| | | ‘( ) | land to which section 63 of the Criminal Justice and Public Order Act 1994 |
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| | | (Powers to remove persons attending or preparing for raves) applies;’. |
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| | Clause 20, page 17, line 31, at end insert— |
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| | | ‘( ) | land to which section 77 of the Criminal Justice and Public Order Act 1994 |
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| | | (Power of local authority to direct unauthorised campers to leave land) applies;’. |
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| | Clause 19, page 15, line 20, at end insert— |
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| | | ‘( ) | After subsection (1) insert— |
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| | | “( ) | The litter authority shall provide the authorised officer with the means or |
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| | | equipment by which the officer may contact the police directly and |
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| | | request immediate assistance at any time during the issue or attempted |
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| | | issue of a fixed penalty notice.”.’. |
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| | Clause 22, page 19, line 13, at end insert ‘, and that person shall be made aware that |
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| | a failure to pay could result in an increase in the penalty with its conversion into a court |
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| | fine and liability to prosecution for the offence’. |
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| | Clause 22, page 19, line 32, at end insert— |
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| | | ‘( ) | There will be a right of appeal against the issuing of Fixed Penalty Notices.’. |
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| | Clause 28, page 27, line 13, at beginning insert ‘Following consultation with local |
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| | authorities and other interested parties’. |
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| | Clause 30, page 27, leave out lines 40 to 42. |
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| | Clause 23, page 23, line 21, at end insert— |
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| | | ‘( ) | The principal litter authority shalll provide the authorised officer with the means |
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| | | or equipment by which the officer may contact the police directly and request |
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| | | immediate assistance at any time during the seizure or attempted seizure of |
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| | | material under sub-paragraph (1) above.’. |
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| Clause 31, page 28, line 20, leave out ‘which is affixed without authorisation to |
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| | any surface,’ and insert ‘affixed to any surface— |
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| | | (a) | without the consent of the surface owner; and |
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| | | (b) | without deemed or express consent under Town and Country Planning |
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| | | (Control of Advertisements) Regulations 1992 (as amended) or which is |
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| | | an advertisement to which Part II and III of the Regulations do not apply |
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| | | under Regulations 3(2).’. |
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| | | Clause 34, page 30, line 11, at end insert— |
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