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Loudspeakers in designated area
Mr Secretary Clarke
NC23
*To move the following Clause:—
'(1) Subject to subsection (2), a loudspeaker shall not be operated, at any time or for any purpose, in a street in the designated area.
(2) Subsection (1) does not apply to the operation of a loudspeaker—
| (a) | in case of emergency, |
| (b) | for police, fire and rescue authority or ambulance purposes, |
| (c) | by the Environment Agency, a water undertaker or a sewerage undertaker in the exercise of any of its functions, |
| (d) | by a local authority within its area, |
| (e) | for communicating with persons on a vessel for the purpose of directing the movement of that or any other vessel, |
| (f) | if the loudspeaker forms part of a public telephone system, |
| (g) | if the loudspeaker is in or fixed to a vehicle and subsection (3) applies, |
| (h) | otherwise than on a highway, by persons employed in connection with a transport undertaking used by the public, but only if the loudspeaker is operated solely for making announcements to passengers or prospective passengers or to other persons so employed, |
| (i) | in accordance with a consent granted by a local authority under Schedule 2 to the Noise and Statutory Nuisance Act 1993 (c.40). |
(3) This subsection applies if the loudspeaker referred to in subsection (2)(g)—
| (a) | is operated solely for the entertainment of or for communicating with the driver or a passenger of the vehicle (or, if the loudspeaker is or forms part of the horn or similar warning instrument of the vehicle, solely for giving warning to other traffic), and |
| (b) | is so operated as not to give reasonable cause for annoyance to persons in the vicinity. |
(4) A person who operates or permits the operation of a loudspeaker in contravention of subsection (1) is guilty of an offence and is liable on summary conviction to—
| (a) | a fine not exceeding level 5 on the standard scale, together with |
| (b) | a further fine not exceeding £50 for each day on which the offence continues after the conviction. |
(5) In this section—
"local authority" means a London borough council (and in subsection (2)(d) the Greater London Authority),
"street" means a street within the meaning of section 48(1) of the New Roads and Street Works Act 1991 (c.22) which is for the time being open to the public,
"the designated area" means the area specified in an order under section (The designated area),
"vessel" includes a hovercraft within the meaning of the Hovercraft Act 1968 (c.59).
(6) In Schedule 2 to the Noise and Statutory Nuisance Act 1993 (c.40) (consent to the operation of loudspeakers in streets or roads), in paragraph 1(1), at the end add "or of section (Loudspeakers in designated area)(1) of the Serious Organised Crime and Police Act 2005".'.
The designated area
Mr Secretary Clarke
NC24
*To move the following Clause:—
'(1) The Secretary of State may by order specify an area as the designated area for the purposes of sections (Demonstrating without authorisation in designated area) to (Loudspeakers in designated area).
(2) The area may be specified by description, by reference to a map or in any other way.
(3) No point in the area so specified may be more than one kilometre in a straight line from the point nearest to it in Parliament Square.'.
Mr Secretary Clarke
Mr David Heath
Dr Evan Harris
Mr John McDonnell
166
*Page 92, line 15, leave out Clause 128.
Mr David Heath
Dr Evan Harris
2
Page 92, line 27 [Clause 128], at end insert 'or'.
Mr David Heath
Dr Evan Harris
3
Page 92, line 28 [Clause 128], leave out from 'Parliament' to end of line 30.
Mr Eric Forth
134
*Page 92, line 30 [Clause 128], at end insert—
| '(d) | erecting or displaying material prejudicial to security, or |
| (e) | causing noise of an offensive or intrusive nature'. |
Mr David Heath
Dr Evan Harris
4
Page 93, line 4 [Clause 128], after 'officers', insert ', being of or above the rank of inspector,'.
Mr David Heath
Dr Evan Harris
5
Page 93, line 23 [Clause 128], leave out 'one kilometre' and insert '100 metres'.
Mr Eric Forth
135
*Page 93, line 23 [Clause 128], leave out 'one kilometre' and insert '200 yards'.
Mr Secretary Clarke
Mr David Heath
Dr Evan Harris
Mr John McDonnell
167
*Page 93, line 33, leave out Clause 129.
Mr Secretary Clarke
168
*Page 120, line 30 [Clause 157], leave out from beginning to end of line 31 and insert—
| 'Section (Offences under sections (Demonstrating without authorisation in designated area) to (Supplementary Directions): penalties)(1) | 3 months |
| Section (Offences under sections (Demonstrating without authorisation in designated area) to (Supplementary Directions): penalties)(3)(a) | 3 months'. |
REMAINING PROCEEDINGS ON CONSIDERATION
Financial reporting orders: making in Northern Ireland
Mr Secretary Clarke
NC8
To move the following Clause:—
'(1) A court sentencing or otherwise dealing with a person convicted of an offence mentioned in subsection (3) may also make a financial reporting order in respect of him.
(2) But the court may do so only if it is satisfied that the risk of the person's committing another offence mentioned in subsection (3) is sufficiently high to justify the making of a financial reporting order.
(3) The offences are—
| (a) | an offence under any of the following provisions of the Theft Act (Northern Ireland) 1969 (c.16 (N.I.))— |
section 15 (obtaining property by deception),
section 15A (obtaining a money transfer by deception),
section 16 (obtaining a pecuniary advantage by deception),
section 19(2) (procuring execution of valuable security, etc.),
| (b) | an offence under either of the following provisions of the Theft (Northern Ireland) Order 1978 (S.I. 1978/1407 (N.I. 23)— |
Article 3 (obtaining services by deception)
Article 4 (evasion of liability by deception),
| (c) | any offence specified in Schedule 5 to the Proceeds of Crime Act 2002 (c.29) ("lifestyle offences": Northern Ireland). |
(4) A financial reporting order—
| (a) | comes into force when it is made, and |
| (b) | has effect for the period specified in the order, beginning with the date on which it is made. |
(5) If the order is made by a magistrates' court, or by the county court on appeal, the period referred to in subsection (4)(b) must not exceed 5 years.
(6) Otherwise, that period must not exceed—
| (a) | if the person is sentenced to imprisonment for life, 20 years, |
| (b) | otherwise, 15 years.'. |
Part 5 of the Police Act 1997: Northern Ireland
Mr Secretary Clarke
NC9
To move the following Clause:—
'The amendments made by Schedule 35 to the Criminal Justice Act 2003 to Part 5 of the Police Act 1997 extend to Northern Ireland as well as to England and Wales, and accordingly in section 337(5) of that Act of 2003 (extent)—
| (a) | after "section 315" insert— |
| (b) | after "Schedule 5" insert— |
Minor and consequential amendments relating to Chapter 6
Mr Secretary Clarke
NC15
To move the following Clause:—
'Schedule 6, which contains minor and consequential amendments relating to provisions of this Chapter, has effect.'.
Special measures for witnesses in proceedings for anti-social behaviour orders etc.
Mr Secretary Clarke
NC16
To move the following Clause:—
'After section 1H of the Crime and Disorder Act 1998 (as amended by the Drugs Act 2005) insert—
"1I Special measures for witnesses
(1) This section applies to the following proceedings—
| (a) | any proceedings in a magistrates' court on an application for an anti-social behaviour order, |
| (b) | any proceedings in a magistrates' court or the Crown Court so far as relating to the issue whether to make an order under section 1C, and |
| (c) | any proceedings in a magistrates' court so far as relating to the issue whether to make an order under section 1D. |
(2) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (special measures directions in the case of vulnerable and intimidated witnesses) shall apply in relation to any such proceedings as it applies in relation to criminal proceedings, but with—
| (a) | the omission of the provisions of that Act mentioned in subsection (3) (which make provision appropriate only in the context of criminal proceedings), and |
| (b) | any other necessary modifications. |
(3) The provisions are—
| (b) | section 21(1)(b) and (5) to (7), |
| (c) | section 22(1)(b) and (2)(b) and (c), |
(4) Any rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act shall apply in relation to proceedings to which this section applies—
| (a) | to such extent as may be provided by rules of court, and |
| (b) | subject to such modifications as may be so provided. |
(5) Section 47 of that Act (restrictions on reporting special measures directions etc.) applies, with any necessary modifications, in relation to—
| (a) | a direction under section 19 of the Act as applied by this section, or |
| (b) | a direction discharging or varying such a direction, |
and sections 49 and 51 of that Act (offences) apply accordingly.".'.
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