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| | Enforcement powers in connection with pesticides: entry and search by force without a |
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| | Negatived on division NC1 |
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| To move the following Clause:— |
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| | ‘(1) | If a constable or an inspector reasonably believes— |
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| | (a) | that evidence of the commission of an offence under section 43 is to be |
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| | found on any premises, or |
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| | (b) | that the evidence is likely to be removed, destroyed or lost before a |
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| | warrant can be obtained and executed, |
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| | he may at any time enter the premises and search them for evidence of the |
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| | commission of an offence under section 43. |
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| | (2) | Subsection (1) does not authorise entry into any part of premises which is used as |
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| | (3) | A constable or an inspector exercising the powers under subsection (1) may (if |
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| | necessary) use such force as is reasonable in the exercise of those powers. |
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| | (4) | An inspector may not exercise the power of entry conferred by subsection (1) |
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| | between the hours of 11 p.m. and 5 a.m. unless accompanied by a constable.’. |
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| | Enforcement powers in connection with pesticides: entry and search with a warrant |
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| To move the following Clause:— |
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| | ‘(1) | If, on an application by a constable or an inspector, a justice of the peace is |
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| | (a) | that there are reasonable grounds for believing that— |
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| | (i) | an offence under section 43 is being or has been committed on |
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| | (ii) | evidence of the commission of an offence under section 43 is to |
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| | be found on any premises, and |
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| | (b) | that one or more of the conditions in subsection (2) is met, |
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| | he may issue a warrant authorising a constable or an inspector to enter the |
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| | premises and each them for evidence of the commission of an offence under |
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| | (a) | in the case of any part of premises which is not used as a private dwelling, |
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| | that the occupier of the premises has been informed of the decision to |
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| | (b) | in the case of any part of premises which is not used as a private dwelling, |
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| | that the occupier of the premises— |
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| | (i) | has been informed of the decision to seek entry to the premises |
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| | and the reasons for that decision. |
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| |
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| | (ii) | has failed to allow entry to the premises on being requested to do |
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| | so by a person mentioned in section [Enforcement powers in |
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| | connection with pesticides: entry and search by force without a |
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| | (iii) | has been informed of the decision to apply for the warrant; |
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| | (i) | that the premises are unoccupied, or the occupier is absent, and |
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| | notice of intention to apply for the warrant has been left in a |
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| | conspicuous place on the premises, or |
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| | (ii) | an application for admission to the premises or the giving of |
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| | notice of intention to apply for the warrant is inappropriate |
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| | (a) | it would defeat the object of entering the premises, or |
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| | (b) | entry is required as a matter of urgency. |
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| | (3) | References in subsection (2) to the occupier of premises, in relation to any |
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| | vehicle, vessel, aircraft or hovercraft, are to the person who appears to be in |
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| | charge of the vehicle, vessel, aircraft or hovercraft, and “unoccupied” shall be |
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| | |
| | (4) | Sections 15 and 16 of the Police and Criminal Evidence Act 1984 (c. 60) shall |
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| | have effect in relation to a warrant issued under this section to an inspector as they |
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| | have effect in relation to a warrant so issued to a constable. |
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| | (5) | A constable or an inspector exercising powers under a warrant issued under this |
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| | section may (if necessary) use such force as is reasonable in the exercise of those |
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| | Offences relating to entering and occupying land without consent |
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| To move the following Clause:— |
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| | ‘The Criminal Justice and Public Order Act 1994 is amended by inserting the |
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| | following after section 62E— |
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| | “62F | Offences relating to entering and occupying land without consent |
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| | (1) | In this Part, except where the context otherwise requires—
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| | ‘chief officer of police’, in relation to any locality, means the chief officer |
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| | of police for the police area in which the locality is situated;
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| | ‘consent duly given’ means consent given by— |
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| | (a) | in the case of lands referred to in subsection (2)(a), the relevant |
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| | (b) | in the case of lands referred to in subsection (2)(b), the relevant |
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| | (c) | in any other case, the owner concerned; |
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| | | ‘local authority’ means a county council, a city council or town council |
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| | for the purposes of the Local Government Act 1972; |
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| |
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| | | ‘object’ includes any temporary dwelling and an animal of any kind or |
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| | (a) | in relation to land, the person lawfully entitled— |
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| | (ii) | to the immediate use and enjoyment, |
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| | | of the land as the owner, lessee, or otherwise, or any person |
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| | acting on behalf of that person; |
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| | (b) | in relation to land referred to in paragraph (a) or (b) of subsection |
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| | (2), the relevant statutory body or trustees, as the case may be; |
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| | (a) | the Secretary of State, |
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| | (c) | any other body established— |
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| | (i) | by or under any enactment (other than the Companies |
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| | (ii) | under the Companies Acts 1985 and 1989 in pursuance |
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| | of powers conferred by or under another enactment, |
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| | | and financed wholly or partly by means of moneys provided, or |
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| | loans made or guaranteed, by the Secretary of State or the issue |
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| | of shares held by or on behalf of the Secretary of State, and |
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| | subsidiary of any such body. |
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| | (2) | In this Part a reference to land includes— |
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| | (a) | land provided or maintained by a statutory body primarily for the |
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| | amenity or recreation of the public or any class of persons |
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| | (including any park, open space, car park, playing field or other |
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| | space provided for recreational, community or conservation |
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| | purposes) or is land within the curtilage of any public building, |
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| | (b) | land held by trustees for the benefit of the public or any class of |
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| | (c) | land covered by water. |
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| | (a) | A person, without the duly given consent of the owner, shall |
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| | (i) | enter and occupy any land, or |
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| | (ii) | bring onto or place on any land any object |
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| | | where such entry or occupation or the bringing onto or placing |
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| | on the land of such object is likely to— |
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| | (iii) | substantially damage the land, |
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| | (iv) | substantially and prejudicially affect any amenity in |
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| | (v) | prevent persons entitled to use the land or any amenity |
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| | in respect of the land from making reasonable use of the |
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| | (vi) | otherwise render the land or any amenity in respect of |
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| | the land, or the lawful use of the land or any amenity in |
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| | respect of the land, unsanitary or unsafe, or |
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| | (vii) | substantially interfere with the land, any amenity in |
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| | respect of the land, the lawful use of the land or any |
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| | amenity in respect of the land. |
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| | (b) | A person who contravenes subsection (a) shall be guilty of an |
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| | (c) | Where a constable in uniform has reason to believe that a person |
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| | is committing or has committed an offence under subsection (a) |
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| | (i) | may demand of the person his or her name and address, |
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| | (ii) | may direct the person to leave the land concerned and to |
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| | remove from the land any object that belongs to the |
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| | person or that is under his or her control, and |
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| | (iii) | shall inform the person of the nature of the offence in |
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| | respect of which it is suspected that person has been |
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| | involved and the statutory consequences of failing to |
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| | comply with a demand or direction under this |
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| | (d) | Where a constable in uniform has reason to believe that a person |
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| | is committing or has committed an offence under subsection (a) |
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| | (i) | may demand of the person his or her name and address, |
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| | (ii) | may direct the person to leave the land concerned and to |
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| | remove from the land any object that belongs to the |
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| | person or that is under his or her control, and |
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| | (iii) | shall inform the person of the nature of the offence in |
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| | respect of which it is suspected that person has been |
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| | involved and the statutory consequences of failing to |
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| | comply with a demand or direction under this |
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| | (a) | refuses or fails to give his or her name and address to a constable |
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| | in uniform when demanded under subsection (3), or gives to the |
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| | member a name or address that is false or misleading, or |
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| | (b) | fails to comply with a direction under that section, |
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| | | he or she is guilty of an offence. |
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| | (5) | A constable in uniform may arrest without warrant a person— |
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| | (a) | who fails or refuses to give his or her name and address when |
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| | demanded under subsection (3)(c)(i) or gives a name or address |
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| | which the constable has reasonable grounds for believing is false |
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| | (b) | who fails to comply with a direction given under subsection |
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| | (c) | whom the member finds committing an offence under subsection |
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| | (a) | Where a person fails to comply with a direction under subsection |
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| | (3)(b)(ii), a constable in uniform may remove or cause to be |
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| | removed any object which the constable has reason to believe |
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| | was brought onto or placed on the land in contravention of |
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| | subsection (3)(a)(ii) and may store or cause to be stored such |
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| | (b) | Any person who obstructs or impedes or assists a person to |
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| | obstruct or impede a constable in uniform in the execution of his |
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| | or her duty under this section shall be guilty of an offence. |
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| |
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| | (c) | Where an object has been removed under this section without the |
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| | presence or knowledge of any person claiming to own, occupy, |
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| | control or otherwise retain it, the chief officer of police shall |
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| | serve or cause to be served upon each such person whose name |
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| | and address can be ascertained by reasonable enquiry, a notice |
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| | informing the person where the object may be claimed and |
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| | recovered, requiring the person to claim and recover it within one |
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| | month of the date of service of the notice and informing him or |
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| | her of the statutory consequences of his or her failure to do so. |
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| | (d) | An object removed and stored under this section shall be given |
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| | to a person claiming possession of the object if, but only if, he or |
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| | she makes a declaration in writing that he or she is the owner of |
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| | the object, or is authorised by its owner to claim it or is, for a |
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| | specified reason, otherwise entitled to possession of it and, at the |
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| | discretion of the chief officer of police, the person pays the |
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| | amount of any expenditure reasonably incurred in removing and |
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| | |
| | (e) | The chief officer of police may dispose of, or cause to be |
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| | disposed of, an object removed and stored under this section if— |
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| | (i) | the owner of the object fails to claim it and remove it |
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| | from the place where it is stored within one month of the |
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| | date on which a notice under subsection (6)(c) was |
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| | (ii) | the name and address of the owner of the object cannot |
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| | be ascertained by reasonable enquiry. |
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| | (f) | Where the chief officer of police becomes entitled to dispose of |
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| | or cause to be disposed of an object under subsection (e) and the |
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| | object is, in his or her opinion, capable of being sold, the chief |
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| | officer of police shall be entitled to sell or cause to be sold the |
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| | object for the best price reasonably obtainable and upon doing so |
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| | shall pay or cause to be paid to the person who was the owner of |
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| | the object at the time of its removal, where the name and address |
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| | of the owner can be ascertained by reasonable enquiry, a sum |
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| | equal to the proceeds of such sale after deducting therefrom any |
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| | expenditure reasonably incurred in its removal, storage and sale. |
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| | (a) | A person guilty of an offence under this Part shall be liable on |
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| | summary conviction to a fine not exceeding level 4 on the |
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| | standard scale or to a term of imprisonment not exceeding one |
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| | (b) | In any proceedings for an offence under this section it shall be |
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| | presumed until the contrary is shown that the consent under this |
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| | (8) | Notwithstanding any statutory provision or rule of law to the contrary, |
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| | the jurisdiction of a magistrates’ court shall not, in summary proceedings |
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| | in relation to an offence under this Part, be ousted by reason solely of a |
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| | question of title to land being brought into issue. |
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| | (9) | Where in summary proceedings in relation to an offence under this part |
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| | a question of title to land is brought into issue, the decision of a |
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| | magistrates’ court in the proceedings or on the question shall not operate |
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| | as an estoppel in, or a bar to, proceedings in any court in relation to the |
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| | Byways open to all traffic |
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| To move the following Clause:— |
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| | ‘(1) | Within 3 years of the date of commencement of sections 61 and 62 the Secretary |
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| | of State shall review every modification order made, or applied for and |
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| | subsequently made, in England and Wales between 20 January 2005 and |
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| | commencement, under section 53(2) of the Wildlife and Countryside Act 1981, |
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| | to add a byway open to all traffic to a definitive map and statement or to upgrade |
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| | an existing highway to a byway open to all traffic. |
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| | (2) | On review under subsection (1), the Secretary of State shall make an order in |
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| | accordance with subsection (3) where he is satisfied that— |
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| | (a) | there is or may be damage to the natural environment by users of the |
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| | byway open to all traffic in mechanically propelled vehicles, or |
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| | (b) | use of the byway open to all traffic by mechanically propelled vehicles |
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| | does or may constitute a danger to any other class of traffic or restrict use |
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| | of the byway by other classes of traffic. |
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| | (3) | An order referred to in subsection (2) is a traffic regulation order as defined by |
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| | section 1 of the Road Traffic Regulation Act 1984 and the Secretary of State shall |
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| | make an order under that section as if he were a traffic authority for a road outside |
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| | |
| | (4) | If without lawful authority a person drives a mechanically propelled vehicle on a |
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| | byway open to all traffic in respect of which an order under subsection (3) has |
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| | been made he is guilty of an offence. |
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| | (5) | A person guilty of an offence under subsection (4) shall be liable on summary |
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| | conviction to a fine not exceeding level 3 on the standard scale.’. |
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| To move the following Clause:— |
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| | ‘(1) | The importation of any exotic bird of a species listed in Annex A and Annex B of |
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| | EU Regulation 338/97 shall be prohibited unless the Secretary of State is satisfied |
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| | |
| | (a) | the trade in that species does not constitute a threat to the conservation of |
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| | that species or of any other listed species; |
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| |
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| | (b) | the method of capture used for obtaining specimens from the wild does |
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| | not involve undue suffering; and |
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| | (c) | the means of transport from the place of capture into the United Kingdom |
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| | shall meet such criteria for welfare as may be specified by the Secretary |
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| | |
| | (2) | The Secretary of State may by order extend the provisions of subsection (1) to |
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| | species listed in Appendix C of EU Regulation 338/97. |
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| | (3) | The Secretary of State may by order extend the provisions of subsection (1) to any |
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| | other species of bird not indigenous to the UK. |
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| | (4) | In this section “exotic bird”— |
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| | (a) | includes any live or dead bird that is not indigenous to the United |
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| | Kingdom including any egg or offspring thereof; and |
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| | |
| | (i) | domestic poultry, dead sport-hunted birds, dead museum |
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| | specimens, dead scientific specimens, or products manufactured |
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| | |
| | (ii) | birds in the following families: Phasianidae, Numididae, |
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| | Cracidae, Meleagrididae, Megapodiidae, Anatidae, |
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| | Struthionidae, Rheidae, Dromaiinae and Gruidae. |
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| | (5) | Subsection (1) shall not apply to any bird where the Secretary of State is satisfied |
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| | that its importation is for the purpose of— |
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| | |
| | (b) | approved breeding programmes, or |
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| | |
| | (6) | The Secretary of State may by order make such provision as may be necessary for |
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| | the implementation of this section. |
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| | (7) | The power to make an order under this section is exercisable by statutory |
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| | |
| | (8) | A statutory instrument containing an order under subsection (2) is subject to |
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| | amendment in pursuance of a resolution of either House of Parliament. |
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| | (9) | An order under subsection (3) may not be made unless a draft of the statutory |
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| | instrument containing the order has been laid before, and approved by a |
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| | resolution of each House of Parliament.’. |
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| |
| | Control of harmful, non-native species |
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| To move the following Clause:— |
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| | ‘(1) | In section 22(5) of the 1981 Act (power to vary schedules), insert— |
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| | “(c) | add any animals or plants to, or remove any animals or plants |
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| | from Part III of that Schedule.” |
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| | (2) | After section 14ZB insert— |
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|