Vote Bundle Text (951025-08)

Amendments proposed to the Violent Crime Reduction Bill - continued	House of Commons

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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

(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.'.

President and members of the panels

Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk

NC13

To move the following Clause:—

'(1) No person may be appointed President or member of the chairmen's panel unless he has a seven year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990).

(2) The Secretary of State may by regulations make provision about the requirements to be satisfied by a person before he may be appointed a member of the lay panel.

(3) If, in the opinion of the Lord Chancellor and of the Lord Chief Justice, the President is unfit to continue in office or is incapable of performing his duties, the Lord Chancellor may, with the concurrence of the Lord Chief Justice, revoke his appointment.

(4) Each member of the chairmen's panel or lay panel shall hold and vacate office under the terms of the instrument under which he is appointed.

(5) The President or a member of the chairmen's panel or lay panel—

(a) may resign office by notice in writing to the Lord Chancellor or (as the case may be) the Secretary of State, and

(b) is eligible for re-appointment if he ceases to hold office.'.

Remuneration and expenses

Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk

NC14

To move the following Clause:—

'(1) The Secretary of State may pay to the President, and to any other person in respect of his service as a member of the Tribunal, such remuneration and allowances as the Secretary of State may, with the consent of the Treasury, determine.

(2) The Secretary of State may defray the expenses of the Tribunal to such amount as he may, with the consent of the Treasury, determine.'.

Tribunal procedure

Mr Humfrey Malins
Mr Jonathan Djanogly
Mr Mark Prisk

NC15

To move the following Clause:—

'(1) The Secretary of State may by regulations make provision about the proceedings of the Tribunal on an appeal under this Chapter and the initiation of such an appeal.

(2) The regulations may, in particular, include provision—

(a) as to the period within which, and the manner in which, appeals are to be instituted,

(b) where the jurisdiction of the Tribunal is being exercised by more than one tribunal—

(i) for determining by which tribunal any appeal is to be heard, and

(ii) for the transfer of proceedings from one tribunal to another,

(c) for enabling any functions which relate to matters preliminary or incidental to an appeal to be performed by the President, or by the chairman,

(d) for hearings to be conducted in the absence of any member other than the chairman,

(e) as to the persons who may appear on behalf of the parties,

(f) for granting any person such disclosure or inspection of documents or right to further particulars as might be granted by a county court,

(g) requiring persons to attend to give evidence and produce documents,

(h) for authorising the administration of oaths to witnesses,

(i) for the determination of appeals without a hearing in prescribed circumstances,

(j) as to the withdrawal of appeals,

(k) for the award of costs or expenses,

(l) for taxing or otherwise settling any such costs or expenses (and, in particular, for enabling such costs to be taxed in the county court),

(m) for the registration and proof of decisions and orders, and

(n) for enabling the Tribunal to review its decisions, or revoke or vary its orders, in such circumstances as may be determined in accordance with the regulations.

(3) The Secretary of State may pay such allowances for the purpose of or in connection with the attendance of persons at the Tribunal as he may, with the consent of the Treasury, determine.

(4) Part I of the Arbitration Act 1996 shall not apply to any proceedings before the Tribunal but regulations may make provision corresponding to any provision of that Part.

(5) Any person who without reasonable excuse fails to comply with—

(a) any requirement in respect of the discovery or inspection of documents imposed by the regulations by virtue of subsection (2)(f), or

(b) any requirement imposed by the regulations by virtue of subsection (2)(g),

is guilty of an offence.

(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.'.