05108.14-17

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

(  14  )
62
Page 183, line 33, at end insert—

“London County Council
Section 27 (arrest for breach of byelaws).

(General Powers) Act 1900 (c.

cclxviii)

Ministry of Housing and Local
Article 19 (power of detention) of the Order set

Government Provisional
out in the Schedule.”

Order Confirmation (Greater

London Parks and Open

Spaces) Act 1967 (c. xxix)

63
Page 189, line 11, leave out from beginning to end of line 14 and insert—

“(iiib)
section 27 of the Transport and Works Act

1992 (which relates to offences involving

drink or drugs);”,”
Schedule 8
64
Page 190, line 16, at end insert—

“
After paragraph 1 insert—

“Power to require name and address

1A  (1)
This paragraph applies if a designation applies it to any

person.

      (2)
Such a designation may specify that, in relation to that person,

the application of sub-paragraph (3) is confined to one or more

only (and not to all) relevant offences or relevant licensing

offences, being in each case specified in the designation.

      (3)
Subject to sub-paragraph (4), where that person has reason to

believe that another person has committed a relevant offence

in the relevant police area, or a relevant licensing offence

(whether or not in the relevant police area), he may require

that other person to give him his name and address.

      (4)
The power to impose a requirement under sub-paragraph (3)

in relation to an offence under a relevant byelaw is exercisable

only in a place to which the byelaw relates.

      (5)
A person who fails to comply with a requirement under sub-

paragraph (3) is guilty of an offence and shall be liable, on

summary conviction, to a fine not exceeding level 3 on the

standard scale.

      (6)
In its application to an offence which is an offence by reference

to which a notice may be given to a person in exercise of the

power mentioned in paragraph 1(2)(aa), sub-paragraph (3) of

this paragraph shall have effect as if for the words “has

committed a relevant offence in the relevant police area” there

were substituted “in the relevant police area has committed a

relevant offence”.

      (7)
In this paragraph, “relevant offence”, “relevant licensing

offence” and “relevant byelaw” have the meaning given in

(  15  )

paragraph 2 (reading accordingly the references to “this

paragraph” in paragraph 2(6)).””
65
Page 190, line 18, leave out sub-paragraphs (2) and (3) and insert—

    “( )
For sub-paragraph (2) substitute—

  “(2)
A designation may not apply this paragraph to any person

unless a designation also applies paragraph 1A to him.””
66
Page 190, line 27, after “(3)” insert—

“(a)
for “sub-paragraph (2)” substitute “paragraph 1A(3)”,

(b)
”
67
Page 190, leave out lines 34 to 36
68
Page 191, line 1, leave out “the designation” and insert “a designation under

paragraph 1A”
69
Page 191, line 2, leave out “sub-paragraph (2)” and insert “sub-paragraph (3) of

that paragraph”
70
Page 191, line 14, leave out “(5)(b)” insert “(5)—

(a)
omit paragraph (a),

(b)
in paragraph (b)”
71
Page 192, line 15, at end insert—

    “( )
Omit sub-paragraph (7).

      ( )
At the end add—

  “(8)
The application of any provision of this paragraph by

paragraph 3(2), 3A(2) or 7A(8) has no effect unless a

designation under this paragraph has applied this paragraph

to the CSO in question.””
72
Page 192, line 47, at end insert—

“
In paragraph 3 (power to require name and address of person acting in

anti-social manner), in sub-paragraph (2), for “sub-paragraph (2) of that

paragraph” substitute “paragraph 1A(3)”.”
73
Page 193, line 19, leave out “sub-paragraph (2) of that paragraph” and insert

“paragraph 1A(3)”
74
Page 193, line 23, at end insert—

“
In paragraph 4 (power to use reasonable force to detain person)—

(a)
in sub-paragraph (2)(b), after “paragraph” insert “1A or”,

(b)
in sub-paragraph (3), for “paragraph 2(2)” substitute “paragraph

1A(3)”.”
75
Page 194, line 20, leave out “sub-paragraph (2) of that paragraph” and insert

“paragraph 1A(3)”
76
Page 194, line 21, leave out “that paragraph” and insert “paragraph 2”
77
Page 195, line 18, leave out “sub-paragraph (2) of that paragraph” and insert

“paragraph 1A(3)”
78
Page 195, line 20, leave out “that paragraph” and insert “paragraph 2”

(  16  )

Schedule 10
79
Leave out Schedule 10
Schedule 16
80
Page 234, line 34, at end insert—


“In section 3 (conduct prohibited without a licence), after subsection (3)

insert—

“(3A)
In the application of this Act to Scotland—

(a)
the reference in subsection (3) to the Secretary of State

must be construed as a reference to the Scottish

Ministers; but

(b)
before making any order under subsection (3) the

Scottish Ministers are to consult the Secretary of

State.””
81
Page 235, line 39, at beginning insert “an order or”
82
Page 235, line 41, after “containing” insert “an order or”
83
Page 235, line 42, after “Ministers” insert “, other than an order under section

26(2),”
84
Page 235, line 43, leave out “and”
85
Page 235, line 45, at end insert “; and

(f)
in subsection (5)(b), at the end add “(or where the order is, or

regulations are, made by the Scottish Ministers, as the Scottish

Ministers think fit)””
86
Page 236, line 1, leave out from beginning to “after” and insert—

“11
In section 26 (short title, commencement and extent)—

(a)
after subsection (2) insert—

“(2A)
In the application of this Act to Scotland—

(a)
the reference in subsection (2) to the Secretary of

State must be construed as a reference to the

Scottish Ministers; but

(b)
before making any order under subsection (2) the

Scottish Ministers are to consult the Secretary of

State.”; and

(b)
in subsection (4),”
Schedule 18
87
Page 239, line 20, at end insert—

“Unlawful Drilling Act 1819
In section 2, the words “, or for any other person

(60 Geo. 3 & 1 Geo. 4 c. 1)
acting in their aid or assistance,”.

Vagrancy Act 1824 (c. 83)
Section 6.

Railway Regulation Act 1842
Section 17.

(c. 55)

Companies Clauses
In section 156, the words “, and all persons

Consolidation Act 1845 (c. 16)
called by him to his assistance,”.

Railways Clauses Consolidation
Sections 104 and 154.

Act 1845 (c. 20)

Licensing Act 1872 (c. 94)
In section 12, the words “may be apprehended

and”.”

(  17  )
88
Page 239, line 21, at end insert—

“London County Council
In section 7, the words “and any person called to

(General Powers) Act 1894 (c.
the assistance of such constable or person

ccxii)
authorised”.

London County Council
In section 27, the words “and any person called

(General Powers) Act 1900 (c.
to the assistance of such constable or officer”.

cclxviii)

Licensing Act 1902 (c. 28)
In section 1, the words “apprehended and”.

In section 2(1), the words “may be apprehended,

and”.”

89
Page 240, line 17, at end insert—

“Criminal Justice Act 1967
In section 91(1), the words “may be arrested

(c. 80)
without warrant by any person and”.”

90
Page 240, line 19, at end insert—

“Ministry of Housing and Local
In Article 19 of the Order set out in the

Government Provisional
Schedule, the words “and any person called

Order Confirmation (Greater
to the assistance of such constable or officer”.”

London Parks and Open

Spaces) Act 1967 (c. xxix)

91
Page 241, line 35, column 2, at end insert—

“In Schedule 1, in paragraph 14(a), the words

“to which the application relates”.”

92
Page 242, line 30, at end insert—

“Football (Offences) Act 1991
Section 5(1).”

(c. 19)

93
Page 242, line 33, at end insert—

“Transport and Works Act 1992
Section 30(1) and (3).

(c. 42)

Section 40.”