06235.6-9

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

6
25
Page 10, line 12, leave out “and “relevant persons””
Clause 13
26
Page 12, line 31, leave out “such a scheme” and insert “a scheme established under

an action plan”
27
Page 12, line 43, at end insert—

“( )
A local authority may not make an order designating a locality as an

alcohol disorder zone if the whole action plan, or the majority of the actions

contained therein, is being put into effect.”
Clause 17
28
Page 15, line 4, leave out from “instrument” to end of line 5
29
Page 15, line 11, at end insert—

“( )
The Secretary of State must not make regulations containing (with or

without other provision) any provision that he is authorised to make by

this Chapter unless a draft of the regulations has been laid before

Parliament and approved by a resolution of each House.”
Clause 20
30
Page 21, line 11, at end insert—

“( )
In section 197 of that Act (regulations and orders)—

(a)
in subsection (3), after paragraph (c) insert—

“(ca)
an order under section 147A(9) (increase of

maximum fine for offence of persistently selling

alcohol to children) to which subsection (4A)

applies;”;

(b)
in subsection (4), after “(c),” insert “(ca),”;

(c)
after subsection (4) insert—

“(4A)
This subsection applies to an order under section 147A(9) if

it appears to the Secretary of State that the power to make

the order is being exercised for purposes that are not

confined to the increase of the maximum fine to take

account of changes in the value of money.””
After Clause 21
31
Insert the following new Clause—

“Mandatory premises licence condition: door supervision

(1)
Section 21 of the Licensing Act 2003 (c. 17) (mandatory condition: door

supervision) is amended as follows.

(2)
In subsection (1) for “be licensed by the Security Industry Authority”

substitute “—

(a)
be authorised to carry out that activity by a licence granted

under the Private Security Industry Act 2001; or

7

(b)
be entitled to carry out that activity by virtue of section 4 of

that Act.”

(3)
In subsection (3) in paragraph (a), at the end insert “and which is licensable

conduct for the purposes of that Act (see section 3(2) of that Act)”.
32
Insert the following new Clause—

“Designated public places

(1)
Section 14 of the Criminal Justice and Police Act 2001 (c. 16) (places which

are not designated public places) is amended as follows.

(2)
In subsection (1)—

(a)
for paragraph (a) substitute—

“(a)
premises in respect of which a premises licence has

effect which authorises the premises to be used for

the sale or supply of alcohol;

(aa)
premises in respect of which a club premises

certificate has effect which certifies that the premises

may be used by the club for the sale or supply of

alcohol;”

(b)
in paragraph (b), after “(a)” insert “or (aa)”;

(c)
in paragraph (c), for “20” substitute “30”.

(3)
After subsection (1) insert—

“(1A)
Subsection (1B) applies to premises falling within subsection (1)(a)

if—

(a)
the premises licence is held by a local authority in whose

area the premises or part of the premises is situated; or

(b)
the premises licence is held by another person but the

premises are occupied by such an authority or are managed

by or on behalf of such an authority.

(1B)
Subsection (1) prevents premises to which this subsection applies

from being, or being part of, a designated public place only—

(a)
at times when it is being used for the sale or supply of

alcohol; and

(b)
at times falling within 30 minutes after the end of a period

during which it has been so used.

(1C)
In this section ‘premises licence’ and ‘club premises certificate’

have the same meaning as in the Licensing Act 2003.””
Clause 23
33
Page 26, line 22, after “section” insert “141 or”
34
Page 26, line 23, after “applies (” insert “specified offensive weapons, ”
Clause 24
35
Page 26, line 30, after “section” insert “141 or”
36
Page 26, line 30, after “1988 (” insert “specified offensive weapons, ”
37
Page 27, line 5, at end insert—

8

“( )
In relation to times before the commencement of paragraph 180 of Schedule

7 to the Criminal Justice and Court Services Act 2000 (c. 43), the reference

in subsection (4) to a sentence of imprisonment, in relation to an offender

aged under 21 at the time of conviction, is to be read as a reference to a

sentence of detention in a young offender institution.”
38
Page 27, line 42, leave out “this section” and insert “section 23”
Clause 29
39
Page 31, line 25, leave out “17” and insert “18”
Clause 31
40
Leave out Clause 31
Clause 32
41
Page 35, line 35, at end insert—

“(6A)
A realistic imitation firearm brought into Great Britain shall be liable to

forfeiture under the customs and excise Acts.

(6B)
In subsection (6A) “the customs and excise Acts” has the meaning given by

section 1 of the Customs and Excise Management Act 1979 (c. 2).”
Clause 33
42
Page 36, line 8, leave out “that does not distribute any profits it makes”
43
Page 36, line 18, at end insert—

“(f)
the purposes of functions that a person has in his capacity as a

person in the service of Her Majesty.”
44
Page 36, line 18, at end insert—

“(2A)
It shall also be a defence for a person charged with an offence under section

32 in respect of conduct falling within subsection (1)(d) of that section to

show that the conduct—

(a)
was in the course of carrying on any trade or business; and

(b)
was for the purpose of making the imitation firearm in question

available to be modified in a way which would result in its ceasing

to be a realistic imitation firearm.”
45
Page 36, line 20, after “(1)” insert “or (2A)”
Clause 34
46
Page 36, line 43, leave out “section 32” and insert “sections 32 and 33”
Clause 35
47
Page 38, line 40, at end insert—

“(5A)
An imitation firearm brought into Great Britain which does not conform to

the specifications required of it by regulations under this section shall be

liable to forfeiture under the customs and excise Acts.

9

(5B)
In subsection (5A) “the customs and excise Acts” has the meaning given by

section 1 of the Customs and Excise Management Act 1979 (c. 2).”
Before Clause 38
48
Insert the following new Clause—


“Increase of maximum sentences for offences of having knives etc.

(1)
In each of the following provisions of the Criminal Justice Act 1988 (c. 33),

for “two” substitute “four”—

(a)
section 139(6)(b) (maximum penalty for offence of having knife etc.

in public place);

(b)
section 139A(5)(a)(ii) (maximum penalty for offence of having knife

etc. or offensive weapon on school premises).

(2)
This section applies only to offences committed after the commencement of

this section.”
Clause 40
49
Page 41, line 39, leave out “believing” and insert “suspecting”
50
Page 42, line 10, at end insert—

“( )
Nothing in any enactment, instrument or agreement shall be construed as

authorising a head teacher of a school to require a person other than a

member of the security staff of the school to carry out a search under this

section.”
51
Page 42, line 15, leave out from “another” to “also” in line 16 and insert “member

of the staff who is”
52
Page 42, line 18, leave out from “of” to end of line 19 and insert “another member

of the staff”
53
Page 42, line 41, leave out “has the same meaning as in section 550A” and insert

“, in relation to a school, means—

(a)
any teacher who works at the school; and

(b)
any other person who, with the authority of the head

teacher, has lawful control or charge of pupils for whom

education is being provided at the school;

‘member of the security staff’ means a member of the staff whose

work at the school consists wholly or mainly of security-related

activities;”
Clause 41
54
Page 43, line 10, leave out “believing” and insert “suspecting”
55
Page 43, line 30, leave out from “another” to “also” in line 31 and insert “member

of staff who is”
56
Page 43, line 33, leave out from “of” to end of line 34 and insert “another member

of staff”