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Provisions relating to the Scottish Parliament
Mr Alex Salmond
Stewart Hosie
Angus Robertson
Pete Wishart
Mr Mike Weir
Mr Angus MacNeil
NC1
To move the following Clause:—
'The 1968 Act can be amended by the Scottish Parliament to introduce—
| (a) | a licensing scheme for the sale or hire of air weapons or ammunition for air weapons; |
| (b) | a licensing scheme for the purchase or possession of air weapons or ammunition for air weapons; |
| (c) | a ban or restriction on the sale, hire, purchase or possession of air weapons or ammunition for air weapons.'. |
Matters relating to Scotland
Mr Alex Salmond
Stewart Hosie
Angus Robertson
Pete Wishart
Mr Mike Weir
Mr Angus MacNeil
NC2
To move the following Clause:—
'(1) Section 26 and 27 so far as they extend to Scotland shall be regarded as within the legislative competence of the Scottish Parliament.
(2) The Scotland Act 1998 shall be amended as follows—
(3) In Schedule 5, Head B4, after "1997", insert—
"Exception
Regulation or control of the sale, possession or purchase of air weapons, or ammunition for air weapons.".'.
Offences against 'public servants'
Mr James Clappison
NC3
To move the following Clause:—
' An offence is aggravated by reason of being committed against a public servant for the purposes of Sections [Offences against public servants: malicious wounding etc.] and [Offences against public servants: harassment etc.] if the victim is a public servant under the provisions of Section [Definition of "public servant"].'.
Definition of 'public servant'
Mr James Clappison
NC4
To move the following Clause:—
'A person is a public servant if—
| (a) | he is an employee of a public authority acting in the course of his employment; |
| (b) | he is engaged in the provision of care on behalf of the National Health Service and acting in the course of his employment; |
| (c) | he is engaged in the provsion of education in maintained schools or further or higher education and acting in the course of his employment; |
| (d) | he is employed by central or local government, including fire services, and is acting in the course of his employment; |
| (e) | he is engaged in the provision of social housing and is acting in the course of his employment; |
| (f) | he is engaged in the provision of public transport, including railways, buses and taxis, and is acting in the course of his employment.'. |
Offences agains public servants: malicious wounding etc.
Mr James Clappison
NC5
To move the following Clause:—
'(1) A person is guilty of an offence under this section if he commits—
| (a) | an offence under section 20 of the Offences Against the Person Act 1861 (24 and 25 Vict c. 100) (malicious wounding or grievious bodily harm), |
| (b) | an offence against section 47 of that Act (actual bodily harm), or |
which is aggravated by reason of being committed against a public servant.
(2) A person guilty of an offence falling within subsection (1)(a) or (b) above shall be liable—
| (a) | on summary conviction, to imprisonment for a term not exceeding the statutory maximum, or to a fine, or to both; |
| (b) | on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both. |
(3) A person guilty of an offence falling with subsection (1)(c) above shall be liable—
| (a) | on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; |
| (b) | on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or to both.'. |
Offences against public servants: harassment etc
Mr James Clappison
NC6
To move the following Clause:—
'(1) A person is guilty of an offence under this section if he commits—
| (a) | an offence under section 4 of the Public Order Act 1986 (c. 64) (fear or provocation of violence); |
| (b) | an offence under section 4A of that Act (intentional harassment, alarm or distress); or |
| (c) | an offence against section 5 of that Act (harassment, alarm or distress), |
which is aggravated by reason of being committed against a public servant.
(2) A constable may arrest without warrant anyone whom he reasonably suspects to be committing an offence falling within subsections (1)(a) or (b) above.
(3) A constable may arrest a person without warrant if—
| (a) | he engages in conduct which a constable reaonably suspects to constitute an offence falling within subsection (1)(c) above; |
| (b) | he is warned by the constable to stop; and |
| (c) | he engages in further such conduct immediately, or shortly after the warning. |
The conduct mentioned in paragraph (a) above and the further conduct need not be of the same nature.
(4) A person guilty of an offence falling within subsections (1)(a) or (b) above shall be liable—
| (a) | on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; |
| (b) | on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both. |
(5) A person guilty of an offence falling within subsection (1)(c) above shall be liable to a fine not exceeding level 4 on the standard scale.
(6) If, on the trial on indictment of a person charged with an offence falling within subsections (1)(a) or (b) above the jury find him not guilty of the offence charged, they may find him guilty of the basic offence mentioned in that provision.'.
Power to search for weapons
Lynne Featherstone
John Thurso
NC10
To move the following Clause:—
'After Section 85A of the Further and Higher Education Act, as amended, insert—
"85AA Power of members of staff to search students, etc. for weapons
(1) A member of the staff of a college of further education who has reasonable grounds for believing that a student at the college may have with him or in his possessions—
| (a) | an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc.), or |
| (b) | an offensive weapon (within the meaning of the Prevention of Crime Act 1953), |
may search that student or his possessions for such articles and weapons.
(2) A search under this section may be carried out only where—
| (a) | the member of the staff and the student are on the premises of the college; or |
| (b) | they are elsewhere and the member of the staff has lawful control or charge of the student. |
(3) A person may carry out a search under this section only if—
| (a) | he is the principal of the college; or |
| (b) | he has been authorised by the principal to carry out the search. |
(4) A person who carries out a search of a student under this section—
| (a) | may not require the student to remove any clothing other than outer clothing; |
| (b) | must be of the same sex as the student; and |
| (c) | may carry out the search only in the presence of another person who is aged 18 or over and is also of the same sex as the student. |
(5) A student's possessions may not be searched under this section except in his presence and in the presence of a person (in addition to the person carrying out the search) who is aged 18 or over.
(6) If a person who, in the course of a search under this section, finds—
| (a) | anything which he has reasonable grounds for suspecting falls within subsection (1) (a) or (b), or |
| (b) | any other thing which he has reasonable grounds for suspecting is evidence in relation to an offence |
he may seize and retain it.
(7) A person who exercises a power under this section may use such force as is reasonable in the circumstances for exercising that power.
(8) An authorisation for the purposes of subsection (3) (b) may be given either in relation to a particular search or generally in relation to searches under this section or to a particular description of such searches.
(9) In this section—'outer clothing' includes an outer coat, a jacket, gloves and a hat;'possessions', in relation to a student of a college, includes any goods over which he has or appears to have control.
(10) The powers conferred by this section are in addition to any powers exercisable by the member of the staff in question apart from this section and are not to be construed as restricting such powers.".'.
Appeals against designation of zones
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
NC11
To move the following Clause:—
'(1) Any—
| (a) | person who holds a premises licence authorising the use of the premises in an alcohol disorder zone for the sale of alcohol by retail, or |
| (b) | club which is authorised by virtue of a club premises certificate to use premises in such zones for the supply of alcohol to members or guests, |
may appeal to the Tribunal.
(2) On an appeal under this section, the Tribunal may—
| (a) | dismiss the appeal, or |
| (b) | exclude an area, which includes the premises of the appellant, from the relevant alcohol disorder zone, or |
| (c) | revoke the designation of an area designated as an alcohol disorder zone. |
(3) No area which has ceased to be, or to be part of, an alcohol disorder zone pursuant to subsection (2)(a) or (2)(b) may be re-designated as an alcohol disorder zone within two years of it ceasing to be so designated without the consent of the President of the Tribunal.'.
Constitution of Tribunal
Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk
NC12
To move the following Clause:—
'(1) In sections [Appeals against designation of zones] [Tribunal Procedure], "the Tribunal" means the Alcohol Disorder Zone (Designation) Tribunal.
(2) The Tribunal shall exercise the jurisdiction conferred on it by this Chapter.
(3) There shall be appointed—
| (a) | a President of the Tribunal (referred to in this Chapter as "the President"), |
| (b) | a panel of persons (referred to in this Chapter as "the chairmen's panel") who may serve as chairman of the Tribunal, and |
| (c) | a panel of persons (referred to in this Chapter as "the lay panel") who may serve as the other two members of the Tribunal apart from the chairman. |
(4) The President and the members of the chairmen's panel shall each be appointed by the Lord Chancellor.
(5) The members of the lay panel shall each be appointed by the Secretary of State.
(6) The Secretary of State may by regulations—
| (a) | provide for the jurisdiction of the Tribunal to be exercised by such number of tribunals as may be determined from time to time by the President, and |
| (b) | make such other provision in connection with the establishment and continuation of the Tribunal as the Secretary of State considers necessary or desirable. |
(7) The Secretary of State may, with the consent of the Treasury, provide such staff and accommodation as the Tribunal may require.'.
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