House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Notices of Amendments: 15 May 2009
864

Policing and Crime Bill, continued

“variation”.’.

Philip Davies

193

Page  23,  line  19  [Clause  25],  at end insert—

‘(6A)
After paragraph 19 insert—

“19A
A reasonable fee shall be defined as a reasonable fee for the

administration of the relevant application in respect of the licence

only.”’.

Philip Davies

192

Page  23,  line  45  [Clause  25],  at end insert—

‘(7A)
Omit paragraph 27(3).’.

Philip Davies

196

Page  23,  line  45  [Clause  25],  at end insert—

‘(7A)
In paragraph 27(10) omit the words from “refused” to “the licence”.’.

Philip Davies

180

Page  24,  line  4  [Clause  25],  at end insert—

‘(8A)
In paragraph 29(4) omit out from the beginning to end of paragraph (a) and

insert—

“(4)
A local authority shall not refuse any such application in respect of

premises licensed under Part 3, and, clubs granted a certificate under Part

4, of the 2003 Act which—

(a)
authorises relevant entertainment and”.’.

Lynda Waltho

Dr Robert Blackman-Woods

198

Page  24,  line  4  [Clause  25],  at end insert—

‘(8A)
Section 2 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

is amended as follows.

(8B)
For subsections (1) to (4) substitute—

“(1)
Schedule 3 to this Act shall have effect with respect to the licensing of

sex establishments.”’.

John McDonnell

8

Page  24,  line  8,  leave out Clause 26.

Notices of Amendments: 15 May 2009
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Policing and Crime Bill, continued

Mr Andrew Dismore

Dr Evan Harris

21

Page  25,  line  30,  leave out Clause 30.

Mr Andrew Dismore

Dr Evan Harris

22

Page  25,  line  33  [Clause  30],  at end add—

‘(2)
In section 27 of the Violent Crime Reduction Act 2006 (c. 38), after subsection

(2) insert—

“(2A)
In making a direction under this section to an individual aged under 16,

a constable in uniform must consider the effect of making the direction

on the individual’s welfare and safety.”.’.

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

37

Page  26,  line  5  [Clause  32],  leave out ‘two’ and insert ‘four’.

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

40

Page  26,  line  6  [Clause  32],  leave out ‘on the balance of probabilities’ and insert

‘beyond reasonable doubt’.

Paul Holmes

Chris Huhne

200

Page  26,  line  6  [Clause  32],  leave out ‘on the balance of probabilities’ and insert

‘to the criminal standard of proof’.

Paul Holmes

Chris Huhne

201

Page  26,  line  13  [Clause  32],  leave out paragraph (b).

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

38

Page  26,  line  13  [Clause  32],  at end insert—

‘(3A)
The third condition is that the applicant has demonstrated that prosecution of the

respondent for a criminal offence was considered but not proceeded with.’.

Notices of Amendments: 15 May 2009
866

Policing and Crime Bill, continued

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

39

Page  26,  line  13  [Clause  32],  at end insert—

‘(3B)
The fourth condition is that the respondent is aged 18 or over.’.

Paul Holmes

Chris Huhne

202

Page  26,  line  17  [Clause  32],  leave out paragraph (b).

Paul Holmes

Chris Huhne

203

Page  26,  line  19  [Clause  32],  after ‘a’, insert ‘criminal’.

Secretary Jacqui Smith

60

Page  26,  line  19  [Clause  32],  leave out from first ‘of’ to end of line 20 and insert ‘,

or is otherwise related to, the activities of a group that—

(a)
consists of at least 3 people,

(b)
uses a name, emblem or colour or has any other characteristic that

enables its members to be identified by others as a group, and

(c)
is associated with a particular area.’.

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

149

Page  26,  line  20  [Clause  32],  at end add—

‘(6)
In this section “gang” means a group of people who see themselves or are seen by

others as a discernable group and exhibit any one or more of the following

factors—

(a)
engaging in criminal activity;

(b)
identifying with a particular geographical area;

(c)
having some form of identifying organisational feature;

(d)
being in conflict with other similar gangs.’.

Paul Holmes

Chris Huhne

204

Page  26,  line  32  [Clause  33],  leave out subsections (3) and (4).

Notices of Amendments: 15 May 2009
867

Policing and Crime Bill, continued

Paul Holmes

Chris Huhne

205

Page  27,  line  4  [Clause  33],  leave out ‘and requirements’.

Paul Holmes

Chris Huhne

206

Page  27,  line  9  [Clause  33],  leave out ‘or (3)’.

Paul Holmes

Chris Huhne

207

Page  27,  line  13  [Clause  34],  leave out ‘or requirement’.

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

43

Page  27,  line  14  [Clause  34],  leave out from ‘injunction,’ to end of line 16 and

insert ‘the period for which it shall be in force.’.

Paul Holmes

Chris Huhne

208

Page  27,  line  16  [Clause  34],  at end insert ‘except that no injunction shall remain in

force for a period longer than two years from the date it is made.’.

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

42

Page  27,  line  16  [Clause  34],  at end insert—

‘(2A)
The period specified in subsection (2) above must not exceed three years.

(2B)
Injunctions granted under section 32 may not be renewed.’.

Paul Holmes

Chris Huhne

209

Page  27,  line  23  [Clause  34],  leave out paragraph (b).

Paul Holmes

Chris Huhne

210

Page  27,  line  26  [Clause  34],  leave out ‘or requirement’.

Secretary Jacqui Smith

61

Page  28,  line  4  [Clause  36],  leave out subsections (2) to (4) and insert—

‘( )
The consultation requirement is that the applicant must consult—

Notices of Amendments: 15 May 2009
868

Policing and Crime Bill, continued

(a)
any local authority, and any chief officer of police, that the applicant

thinks it appropriate to consult, and

(b)
any other body or individual that the applicant thinks it appropriate to

consult.’.

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

150

Page  28,  line  10  [Clause  36],  at end insert—

‘(c)
any primary care trust, mental health trust or other NHS authority that the

applicant chief officer considers would be appropriate to consult; and

(d)
any youth offending team, local probation service or office of the

National Offender Management Service that the applicant chief officer

considers would be appropriate to consult.’.

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

151

Page  28,  line  16  [Clause  36],  at end insert—

‘(c)
any primary care trust, mental health trust or other NHS authority that the

constable considers would be appropriate to consult; and

(d)
any youth offending team, local probation service or office of the

National Offender Management Service that the constable considers

would be appropriate to consult.’.

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

152

Page  28,  line  22  [Clause  36],  at end insert—

‘(c)
any primary care trust, mental health trust or other NHS authority that the

applicant local authority considers would be appropriate to consult; and

(d)
any youth offending team, local probation service or office of the

National Offender Management Service that the applicant local authority

considers would be appropriate to consult.’.

Notices of Amendments: 15 May 2009
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Policing and Crime Bill, continued

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

41

Page  29,  line  11  [Clause  39],  after ‘is’, insert ‘urgent and’.

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

36

Page  31,  line  5  [Clause  45],  at end insert—

‘(2A)
Before publishing or revising guidance issued under this section, the Secretary of

State must publish its proposals in draft and consult—

(a)
the Lord Chief Justice; and

(b)
any other person whom the Secretary of State considers to be

appropriate.’.

Secretary Jacqui Smith

62

Page  31,  line  5  [Clause  45],  at end insert—

‘( )
The Secretary of State must lay any guidance issued or revised under this section

before Parliament.’.

Secretary Jacqui Smith

63

Page  31,  line  24  [Clause  47],  at end insert—

‘“consultation requirement” has the meaning given by section 36(2);’.

Secretary Jacqui Smith

64

Page  33,  line  36  [Clause  49],  leave out paragraph (a).

Secretary Jacqui Smith

65

Page  34,  line  38  [Clause  50],  leave out ‘126,’.

Notices of Amendments: 15 May 2009
870

Policing and Crime Bill, continued

Secretary Jacqui Smith

66

Page  35,  line  42  [Clause  51],  leave out paragraph (a).

Secretary Jacqui Smith

67

Page  38,  line  36  [Clause  52],  at end insert—


‘Section 47B(11) is subject to this subsection.’.

Secretary Jacqui Smith

68

Page  41,  line  33  [Clause  52],  leave out ‘this section’ and insert ‘section 52 of the

Policing and Crime Act 2009’.

Secretary Jacqui Smith

69

Page  42,  line  16  [Clause  52],  leave out subsection (3).

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

153

Page  43,  line  17  [Clause  52],  leave out ‘magistrate’s court’ and insert ‘Crown

Court’.

Secretary Jacqui Smith

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Total signatories: 7

Mr Patrick McLoughlin

70

Page  43  [Clause  52],  leave out lines 39 and 40.