05108.8-13

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

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comply”
34
Page 94, line 36, leave out “failure to comply” and insert “divergence from the

particulars”
35
Page 94, line 41, at end insert—

“( )
If the person to whom the notice required by subsection (6) is to be given

has agreed, it may be sent to him by email or by facsimile transmission at

the address or number notified by him for the purpose to the

Commissioner (and a notice so sent is “in writing” for the purposes of that

subsection).”
Clause 142
36
Page 103, line 23, at end insert—


“but paragraph (b) does not include an act which is actionable on the

ground only that it induces another person to break a contract with B.”
Clause 143
37
Page 104, line 14, after “in” insert “, or who provides financial assistance to,”
38
Page 104, line 22, after “in” insert “, or who provides financial assistance to,”
After Clause 149
39
Insert the following new Clause—


“Disclosure of information about insurance status of vehicles

(1)
The Secretary of State may by regulations make provision for and in

connection with requiring MIIC to make available relevant vehicle

insurance information to PITO for it to process with a view to making the

processed information available for use by constables.

(2)
“Relevant vehicle insurance information” means information relating to

vehicles the use of which has been (but no longer is) insured under a policy

of insurance, or security in respect of third party risks, complying with the

requirements of Part 6 of the Road Traffic Act 1988 (c. 52).

(3)
The regulations may in particular—

(a)
require all relevant vehicle insurance information or any particular

description of such information to be made available to PITO,

(b)
determine the purposes for which information processed from such

information by PITO may be made available for use by constables,

and

(c)
determine the circumstances in which any of the processed

information which has been made available for use by constables

may be further disclosed by them.

(4)
In this section—

“information” means information held in any form,

“MIIC” means the Motor Insurers’ Information Centre (a company

limited by guarantee and incorporated under the Companies Act

1985 (c. 6) on 8th December 1998), and

“PITO” means the Police Information Technology Organisation.”

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40
Insert the following new Clause—


“Power to require specimens of breath at roadside or at hospital etc.

(1)
Section 6D of the Road Traffic Act 1988 (c. 52) (preliminary tests for drink

and drugs: arrest) is amended as follows.

(2)
After subsection (1) insert—

“(1A)
The fact that specimens of breath have been provided under section

7 of this Act by the person concerned does not prevent subsection

(1) above having effect if the constable who imposed on him the

requirement to provide the specimens has reasonable cause to

believe that the device used to analyse the specimens has not

produced a reliable indication of the proportion of alcohol in the

breath of the person.”

(3)
After subsection (2) insert—

“(2A)
A person arrested under this section may, instead of being taken to

a police station, be detained at or near the place where the

preliminary test was, or would have been, administered, with a

view to imposing on him there a requirement under section 7 of this

Act.”

(4)
Section 7 of that Act (provision of specimens for analysis) is amended as

follows.

(5)
For subsection (2) substitute—

“(2)
A requirement under this section to provide specimens of breath

can only be made—

(a)
at a police station,

(b)
at a hospital, or

(c)
at or near a place where a relevant breath test has been

administered to the person concerned or would have been

so administered but for his failure to co-operate with it.

(2A)
For the purposes of this section “a relevant breath test” is a

procedure involving the provision by the person concerned of a

specimen of breath to be used for the purpose of obtaining an

indication whether the proportion of alcohol in his breath or blood

is likely to exceed the prescribed limit.

(2B)
A requirement under this section to provide specimens of breath

may not be made at or near a place mentioned in subsection (2)(c)

above unless the constable making it—

(a)
is in uniform, or

(b)
has imposed a requirement on the person concerned to co-

operate with a relevant breath test in circumstances in

which section 6(5) of this Act applies.

(2C)
Where a constable has imposed a requirement on the person

concerned to co-operate with a relevant breath test at any place, he

is entitled to remain at or near that place in order to impose on him

there a requirement under this section.

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(2D)
If a requirement under subsection (1)(a) above has been made at a

place other than at a police station, such a requirement may

subsequently be made at a police station if (but only if)—

(a)
a device or a reliable device of the type mentioned in

subsection (1)(a) above was not available at that place or it

was for any other reason not practicable to use such a device

there, or

(b)
the constable who made the previous requirement has

reasonable cause to believe that the device used there has

not produced a reliable indication of the proportion of

alcohol in the breath of the person concerned.”

(6)
In subsection (3) (circumstances in which requirement to provide a

specimen of blood or urine may be made)—

(a)
in paragraph (b) (breath-testing device not available etc.) insert at

the beginning “specimens of breath have not been provided

elsewhere and”, and

(b)
in paragraph (bb) (police station breath-testing device has not

provided a reliable indication of alcohol level) for “at the police

station” substitute “(at the police station or elsewhere)”.

(7)
In section 8 of that Act (choice of specimens of breath) after subsection (2)

insert—

“(2A)
If the person who makes a claim under subsection (2) above was

required to provide specimens of breath under section 7 of this Act

at or near a place mentioned in subsection (2)(c) of that section, a

constable may arrest him without warrant.”

(8)
In section 9(1) of that Act (protection for hospital patients) for “for a

laboratory test” substitute “under section 7 of this Act”.

(9)
Section 10 of that Act (detention of persons affected by alcohol or a drug) is

amended as follows.

(10)
In subsection (1) (detention at a police station)—

(a)
for “until it appears to the constable” substitute “(or, if the specimen

was provided otherwise than at a police station, arrested and taken

to and detained at a police station) if a constable has reasonable

grounds for believing”, and

(b)
for “not be committing” substitute “commit”.

(11)
In subsection (2) (grounds for detention) for “A person shall not be

detained in pursuance of this section if it appears to a” substitute

“Subsection (1) above does not apply to the person if it ought reasonably to

appear to the”.

(12)
After that subsection insert—

“(2A)
A person who is at a hospital as a patient shall not be arrested and

taken from there to a police station in pursuance of this section if it

would be prejudicial to his proper care and treatment as a patient.””
Clause 167
41
Page 126, line 41, at end insert—

“( )
any order under section 50;”

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42
Page 127, line 19, at end insert—

“( )
any order under section 50;”
Clause 170
43
Page 129, line 12, at end insert—

“section 133(4)
3 months”

Clause 173
44
Page 129, line 33, after “sections” insert “113(6A) (and section 113(6) so far as relates

to it),”
Clause 174
45
Page 131, line 5, leave out “149,” and insert “(Disclosure of information about

insurance status of vehicles),”
46
Page 131, line 15, leave out “71” and insert “(Proceedings under section 71: exclusion

of public)”
47
Page 131, line 29, at end insert—

“( )
section (Power to require specimens of breath at roadside or at hospital

etc.),”
Schedule 4
48
Page 149, leave out lines 32 to 38 and insert—

“
In section 17 of the Sex Discrimination Act 1975 (police), in subsection

(7)—”
49
Page 151, leave out lines 6 to 11
50
Page 151, leave out lines 26 to 32 and insert—

“
In Article 85 (other police bodies), for paragraph (6) substitute—”
51
Page 152, line 14, at end insert—

“Road Traffic Regulation Act 1984 (c. 27)

    (1)
Section 87 of the Road Traffic Regulation Act 1984 (exemption of fire,

ambulance and police vehicles from speed limits) is amended as follows.

      (2)
The existing text of that section is to be subsection (1).

      (3)
After that subsection add—

“(2)
Subsection (1) above applies in relation to a vehicle being used—

(a)
for Serious Organised Crime Agency purposes, or

(b)
for training persons to drive vehicles for use for Serious

Organised Crime Agency purposes,


as it applies in relation to a vehicle being used for police

purposes.

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(3)
But (except where it is being used for training the person by

whom it is being driven) subsection (1) above does not apply in

relation to a vehicle by virtue of subsection (2) above unless it is

being driven by a person who has been trained in driving

vehicles at high speeds.””
52
Page 152, leave out lines 25 to 32 and insert—

“47
In section 3(3) of the Prosecution of Offences Act 1985 (functions of

Director of Public Prosecutions), in the definition of “police force”, omit

“, the National Crime Squad”.”
53
Page 155, leave out lines 1 to 5
54
Page 155, leave out lines 17 to 21
55
Page 160, line 34, leave out from beginning to end of line 1 on page 161 and insert—

“
In Article 72B (other police bodies), for paragraph (6) substitute—”
56
Page 162, leave out lines 16 to 22 and insert—

“
In Article 94A (other police bodies), for paragraph (6) substitute—”
Schedule 6
57
Page 178, line 46, leave out “267(8B)” and insert “266(8B)”
Schedule 7
58
Page 179, line 38, at end insert—

“Unlawful Drilling Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 1)


In section 2 of the Unlawful Drilling Act 1819 (power to disperse

unlawful meeting), omit “, or for any other person acting in their aid or

assistance,”.

Vagrancy Act 1824 (c. 83)


Section 6 of the Vagrancy Act 1824 (power to apprehend) shall cease to

have effect.

Railway Regulation Act 1842 (c. 55)


Section 17 of the Railway Regulation Act 1842 (punishment of persons

guilty of misconduct) shall cease to have effect.

Companies Clauses Consolidation Act 1845 (c. 16)


In section 156 of the Companies Clauses Consolidation Act 1845

(transient offenders), omit “, and all persons called by him to his

assistance,”.

Railways Clauses Consolidation Act 1845 (c. 20)

    (1)
The Railways Clauses Consolidation Act 1845 is amended as follows.

      (2)
Section 104 (detention of offenders) shall cease to have effect.

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      (3)
Section 154 (transient offenders) shall cease to have effect.

Licensing Act 1872 (c. 94)


In section 12 of the Licensing Act 1872 (penalty on persons found drunk),

omit “may be apprehended, and”.”
59
Page 179, line 41, at end insert—

“London County Council (General Powers) Act 1894 (c. ccxii)


In section 7 of the London County Council (General Powers) Act 1894

(arrest for breach of byelaws), omit “and any person called to the

assistance of such constable or person authorised”.

London County Council (General Powers) Act 1900 (c. cclxviii)


In section 27 of the London County Council (General Powers) Act 1900

(arrest for breach of byelaws), omit “and any person called to the

assistance of such constable or officer”.

Licensing Act 1902 (c. 28)

    (1)
The Licensing Act 1902 is amended as follows.

      (2)
In section 1 (apprehension of persons found drunk), omit “apprehended

and”.

      (3)
In section 2 (being drunk in charge of a child), in subsection (1), omit

“may be apprehended, and”.”
60
Page 180, line 11, at end insert—

“Criminal Justice Act 1967 (c. 80)


In section 91 of the Criminal Justice Act 1967 (drunkenness in a public

place), in subsection (1), omit “may be arrested without warrant by any

person and”.

Ministry of Housing and Local Government Provisional Order Confirmation (Greater

London Parks and Open Spaces) Act 1967 (c. xxix)


In Article 19 (power of detention) of the Order set out in the Schedule to

the Ministry of Housing and Local Government Provisional Order

Confirmation (Greater London Parks and Open Spaces) Act 1967, omit

“and any person called to the assistance of such constable or officer”.”
61
Page 182, line 13, at end insert—

“Transport and Works Act 1992 (c. 42)


In section 30 of the Transport and Works Act 1992 (powers of arrest and

entry), omit subsections (1) and (3).”