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| (a) | illegal business activities have been conducted, or |
| (b) | incidents of recorded crime have taken place.'. |
Miss Anne McIntosh
Mr David Ruffley
16
Page 2, line 24 [Clause 2], 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.'. |
Miss Anne McIntosh
Mr David Ruffley
17
Page 2, line 43 [Clause 2], at end insert 'or the exercise of any right by a statutory undertaker.'.
Miss Anne McIntosh
Mr David Ruffley
28
*Page 3, line 3 [Clause 2], at end insert 'save with the agreement of the owner and occupier of any such dwelling.'.
Miss Anne McIntosh
Mr David Ruffley
18
Page 3, line 13 [Clause 2], 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
19
Page 3, line 22 [Clause 2], after 'highway,', insert 'and statutory undertakers whose apparatus is located in, on, over or adjacent to the highway.'.
Miss Anne McIntosh
Mr David Ruffley
20
Page 5, line 32 [Clause 2], at end add—
- '"statutory undertaker" means—
| (a) | the person by whom a relevant statutory right is exercisable (in the capacity in which it is exercisable by him); or |
| (b) | a person having permission under section 109 of the New Roads and Street Works Act 1991 (c.22) to execute road works.References to an undertaker having apparatus in, on, over or adjacent to the highway, or to the undertaker to whom apparatus belongs, shall be construed accordingly.'. |
NEW CLAUSES, AMENDMENTS AND NEW SCHEDULES RELATING TO PART 2
Abandoned vehicles
Miss Anne McIntosh
Mr David Ruffley
NC6
To move the following Clause:—
- 'In the Refuse Disposal (Amenity) Act 1978 (c. 3), after section 2 (offence of unauthorised abandonment of vehicles etc.) insert—
"(1) A vehicle shall be deemed to be abandoned if—
| (a) | there are recent observations or evidence regarding its inactivity; |
| (b) | there has been no activity regarding it on the DVLA's database for a continuous period of 5 years; |
| (c) | the number plates and Vehicle Identification Number have been removed; |
| (d) | no Statutory Off Road Notification has ever been notified and recorded on its DVLA record; |
| (e) | the vehicle is burnt out; |
| (f) | the vehicle is deemed to have no value; or |
| (g) | the vehicle is a hazard."'. |
Miss Anne McIntosh
Mr David Ruffley
12
Page 5, line 41 [Clause 3], leave out 'he proves to the satisfaction of the court that.'.
Secretary Margaret Beckett
24
Page 6, line 2 [Clause 3], leave out '3' and insert '4'.
Miss Anne McIntosh
Mr David Ruffley
13
Page 6, line 18 [Clause 4], leave out 'he proves to the satisfaction of the court that.'.
Miss Anne McIntosh
Mr David Ruffley
14
Page 6, line 26 [Clause 4], leave out 'he proves to the satisfaction of the court that.'.
Secretary Margaret Beckett
25
Page 6, line 34 [Clause 4], leave out '3' and insert '4'.
NEW CLAUSES, AMENDMENTS AND NEW SCHEDULES RELATING TO PART 3
Duty to keep land highways clear of litter
Miss Anne McIntosh
Mr David Ruffley
NC2
To move the following Clause:—
- 'In section 89 of the Environmental Protection Act 1990 (Duty to keep land and highways clear of litter), after subsection (4) insert—
"(4A) The appropriate person may by regulations make provision about the standards to which persons must keep land clear of litter under subsection (1) above in respect of different kinds of litter.
(4B) In particular, such regulations may make particular provision about discarded chewing gum and the discarded remains of other products designed for chewing."'.
Street litter: chewing gum
Miss Anne McIntosh
Mr David Ruffley
NC10
To move the following Clause:—
- 'After section 93 of the Environmental Protection Act 1990 (c. 43) insert—
"93A Street litter: chewing gum
(1) The appropriate person shall consult litter authorities and other persons and bodies as he thinks appropriate regarding—
| (a) | the most effective methods for removing discarded chewing gum and the remains of discarded chewing gum, and |
| (b) | how producers and consumers may be made jointly responsible for the disposal of discarded chewing gum and the remains of discarded chewing gum |
- and shall publish the results of that consultation.
(2) The appropriate person shall implement policies to increase public awareness of the penalties for the illegal disposal of chewing gum.".'.
Miss Anne McIntosh
Mr David Ruffley
3
Page 14, line 40 [Clause 18], at end insert ', subject to subsection (4) below.(4) But land adjacent to or in the vicinity of railways, railway carriages and buses shall be deemed to be open to public access for the purposes of this Part.'.
Secretary Margaret Beckett
26
Page 20, line 36 [Clause 23], at end insert—'(7) For the purposes of this Schedule a person does not distribute printed matter if the distribution takes place inside a public service vehicle (within the meaning of the Public Passenger Vehicles Act 1981).'.
Secretary Margaret Beckett
27
Page 22, line 3 [Clause 23], after 'person', insert 'or any other person (identified specifically or by description)'.
NEW CLAUSES, AMENDMENTS AND NEW SCHEDULES RELATING TO PART 4
Regulations controlling display of advertisements
Miss Anne McIntosh
Mr David Ruffley
NC5
To move the following Clause:—'(1) Section 220 of the Town and Country Planning Act 1990 (c. 8) (Regulations controlling display of advertisements) is amended as follows.
(2) After subsection (3), insert—
"(3A) A local planning authority must exercise its powers so as to ensure compliance with the provisions of these regulations in its area.".'.
Secretary Margaret Beckett
22
Page 28, line 17 [Clause 31], leave out 'fly-posting (or both)' and insert 'any poster or flyer the display of which contravenes regulations under section 220 of the Town and Country Planning Act 1990'.
Miss Anne McIntosh
Mr David Ruffley
Matthew Green
Sue Doughty
31
Page 28, line 17 [Clause 31], leave out 'fly posting (or both)' and insert 'any poster or flyer the display of which contravenes regulations under section 220 of the Town and Country Planning Act 1990, with the exception of posters displayed on a hoarding or other structure designed for the display of advertisements'.
Secretary Margaret Beckett
Miss Anne McIntosh
Mr David Ruffley
Matthew Green
Sue Doughty
23
Page 28 [Clause 31], leave out lines 18 to 21.
Miss Anne McIntosh
Mr David Ruffley
15
Page 29, line 7 [Clause 33], leave out from 'for' to end of line 8 and insert "'he proves it was displayed without his knowledge or consent" substitute "either of the matters specified in subsection (6) apply".'.
Miss Anne McIntosh
Mr David Ruffley
4
Page 29, line 19 [Clause 34], leave out subsection (2) and insert—'(2) Leave out subsection (3)(b) and insert—
| "(b) | that he is required to remove it before the expiry of a period specified in the notice (being fewer than two days from the service of the notice); and |
| (c) | that if he does not do so, they intend to remove or obliterate it after the expiry of the period specified in the notice and recover from him the costs they may reasonably incur in doing so.". |
(3) After subsection (3) insert—
"(3A) Instead of requiring a person to remove a placard or poster under subsection (3) (b) above, a notice under that subsection may require a person to obliterate it within the period mentioned in that subsection.".'.
Matthew Green
Sue Doughty
30
Page 30, line 11 [Clause 34], at end insert—'(7) This section does not have effect in relation to placards and posters displayed on a hoarding or other structure designed for the display of advertisements.'.
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| ©Parliamentary copyright 2005 | Prepared 21 Feb 2005 |