S.C.G.
NOTICES OF AMENDMENTS
given up to and including
Friday 14th January 2005
New Amendments handed in are marked thus *
STANDING COMMITTEE G
CLEAN NEIGHBOURHOODS AND ENVIRONMENT BILL
NOTE
Alun Michael
To move, That the Bill be considered in the following order, namely, Clauses 1 to 18, Clauses 20 and 21, Clauses 25 to 27, Clause 19, Clause 22, Clause 24, Clauses 28 to 30, Clause 23, Clauses 31 to 84, Schedule 1, Clauses 85 to 87, Schedule 2, Clauses 88 to 92, Schedule 3, Clauses 93 to 106, Schedule 4, Clause 107, Schedule 5, Clauses 108 to 111, New Clauses, New Schedules, Remaining proceedings on the Bill.
Miss Anne McIntosh
Mr David Ruffley
2
Clause 2, page 2, leave out lines 10 to 15 and insert
'(3) A council may make such an order to restrict the public right of way where specific evidence exists that
(a) | illegal business activities have been conducted; or |
(b) | incidents of recorded crime have taken place; and'. |
Sue Doughty
Matthew Green
31
*Clause 2, page 2, leave out lines 12 and 13.
Sue Doughty
Matthew Green
32
*Clause 2, page 2, line 22, after 'locality', insert ', with particular regard to persons with a disability that limits their mobility.'.
Sue Doughty
Matthew Green
33
*Clause 2, page 2, line 24, leave out 'a reasonably convenient alternative route' and insert 'a route which provides a reasonably convenient alternative route to the public at the times when the gating order will be in force.'.
Miss Anne McIntosh
Mr David Ruffley
46
*Clause 2, page 2, line 24, at end insert
'(d) | the likely effect of making the order on statutory undertakers whose apparatus is located in on over or adjacent to the highway.'. |
Sue Doughty
Matthew Green
34
*Clause 2, page 2, line 30, at end insert
'( ) | any highway, any part of which crosses or abuts agricultural land;'. |
Sue Doughty
Matthew Green
35
*Clause 2, page 2, line 43, at end insert '; or where the highway is the only or principal means of access to any premises or land used for business.'.
Miss Anne McIntosh
Mr David Ruffley
47
*Clause 2, page 2, line 43, at end insert 'or the exercise of any right by a statutory undertaker'.
Sue Doughty
Matthew Green
36
*Clause 2, page 3, line 11, at end insert ', provided that any such order shall require that the barrier be maintained in an open position during any such times as the restriction is not in force.'.
Sue Doughty
Matthew Green
37
*Clause 2, page 3, line 13, at end insert ', provided that the installation of such a barrier does not restrict access to the highway during such times as the restriction is not in force to the extent that any previous legitimate use of the highway is prevented.'.
Miss Anne McIntosh
Mr David Ruffley
48
*Clause 2, page 3, line 13, at end insert
'(7A) A council installing, operating or maintaining any barrier authorised under subsection 6 shall ensure at all times access through the barrier for statutory undertakers.'.
Miss Anne McIntosh
Mr David Ruffley
49
*Clause 2, page 3, line 22, at end insert 'and statutory undertakers whose apparatus is located in on over or adjacent to the highway.'.
Sue Doughty
Matthew Green
38
*Clause 2, page 3, line 37, leave out 'may' and insert 'must'.
Sue Doughty
Matthew Green
39
*Clause 2, page 4, line 6, at end insert '; or no longer complies in relation to it'.
Sue Doughty
Matthew Green
40
*Clause 2, page 4, leave out lines 7 and 8.
Sue Doughty
Matthew Green
41
*Clause 2, page 4, line 26, leave out 'may' and insert 'must'.
Sue Doughty
Matthew Green
42
*Clause 2, page 4, line 30, at end insert
'(d) | the posting and maintenance at entry points to any highway subject to a gating order of a notice stating the nature of the restriction of the right of way and the times when the restriction is in force.'. |
Sue Doughty
Matthew Green
43
*Clause 2, page 4, line 33, at end insert '; excepting those persons who would be identified for the purposes of sections 129F(4) and 129F(6)(b) below.'.
Sue Doughty
Matthew Green
10
Clause 2, page 4, line 39, leave out 'may' and insert 'must'.
Sue Doughty
Matthew Green
11
Clause 2, page 4, line 44, leave out 'may' and insert 'must'.
Sue Doughty
Matthew Green
12
Clause 2, page 5, line 2, at end insert '; and they are satisfied that no variation under subsection (2) above would be expedient in all the circumstances for the purpose of reducing crime or anti-social behaviour.'.
Miss Anne McIntosh
Mr David Ruffley
50
*Clause 2, page 5, line 2, at end insert, '"statutory undertaker" means
(i) | the person by whom a relevant statutory right is exercisable (in the capacity in which it is exercisable by him); or |
(ii) | a person having permission under section 109 of the New Roads and Street Works Act 1991 (c. 22) to execute road works, as the case may be references to an undertaker having apparatus in on or over or adjacent to the highway, or to the undertaker to whom apparatus belongs, shall be construed accordingly.".'. |
Sue Doughty
Matthew Green
13
Clause 2, page 5, line 19, at end insert
'(d) | the periodic reviewing of gating orders with respect to their continuing expediency in all the circumstances for the purpose of reducing crime or anti-social behaviour; and with respect to the requirements of subsections (2) and (3) above.'. |
Sue Doughty
Matthew Green
44
*Clause 2, page 5, line 19, at end add
'(d) | the reviewing of gating orders following requests from a person who would be identified for the purposes of subsections (4) and (6)(b) above.'. |
Matthew Green
Sue Doughty
29
*Clause 3, page 6, line 2, leave out '3' and insert '4'.
Matthew Green
Sue Doughty
30
*Clause 4, page 6, line 34, leave out '3' and insert '4'.
Miss Anne McIntosh
Mr David Ruffley
24
Clause 6, page 7, line 15, at end insert
'( ) The local authority shall provide the authorised officer with the means or equipment by which the officer may contact the police directly and request immediate assistance at any time during the issue or attempted issue of a fixed penalty notice.'.
Sue Doughty
Matthew Green
4
Clause 8, page 8, line 36, leave out subsection (3).
Sue Doughty
Matthew Green
5
Clause 10, page 12, line 1, leave out subsection (3).
Miss Anne McIntosh
Mr David Ruffley
45
*Clause 11, page 12, line 30, leave out subsection (2) and insert
'(2) Leave out subsection (2) (Requirement to give notice to occupier).'.
Miss Anne McIntosh
Mr David Ruffley
28
Clause 20, page 17, leave out lines 2 to 10.
Miss Anne McIntosh
Mr David Ruffley
54
*Clause 20, page 17, line 31, at end insert
'( ) | land to which section 63 of the Criminal Justice and Public Order Act 1994 (Powers to remove persons attending or preparing for raves) applies;'. |
Miss Anne McIntosh
Mr David Ruffley
55
*Clause 20, page 19, line 31, at end insert
'( ) | land to which section 77 of Criminal Justice and Public Order Act 1994 (Power of local authority to direct unauthorised campers to leave land) applies.'. |
Miss Anne McIntosh
Mr David Ruffley
25
Clause 19, page 15, line 20, at end insert
'( ) After subsection (1) insert
"( ) | The litter authority shall provide the authorised officer with the means or equipment by which the officer may contact the police directly and request immediate assistance at any time during the issue or attempted issue of a fixed penalty notice.".'. |
Miss Anne McIntosh
Mr David Ruffley
51
*Clause 22, page 19, line 13, at end insert ', and that person shall be made aware that a failure to pay could result in an increase in the penalty with its conversion into a court fine and liability to prosecution for the offence.'.