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| | | | ‘Section 195B(11) is subject to this subsection.’. |
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| | Page 60, line 5 [Clause 54], leave out ‘this section’ and insert ‘section 54 of the |
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| | Policing and Crime Act 2009’. |
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| | Page 60, line 34 [Clause 54], leave out subsection (3). |
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| | Page 61, line 34 [Clause 54], leave out ‘magistrates’ court’ and insert ‘county |
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| | Page 62 [Clause 54], leave out lines 9 and 10. |
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| | Page 62, line 13 [Clause 54], at end insert— |
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| | | ‘195MA | Right of third parties to make representations |
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| | | (1) | The county court must, on an application by a person, give the person an |
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| | | opportunity to make representations in proceedings before making an order under |
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| | | section 195M if it considers that the making of the order would be likely to have |
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| | | a significant adverse effect on that person. |
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| | | (2) | The county court must, on an application by a person, give the person an |
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| | | opportunity to make representations in proceedings before it about the variation |
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| | | of an order under section 195M if it considers that— |
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| | | (a) | the variation of the order; or |
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| | | (b) | a decision not to vary it; |
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| | | would be likely to have a significant adverse effect on that person. |
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| | | (3) | The county court must, on an application by a person, give the person an |
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| | | opportunity to make representations in proceedings before it about the discharge |
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| | | of an order under section 195M if it considers that— |
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| | | (a) | the discharge of the order; or |
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| | | (b) | a decision not to discharge it; |
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| | | would be likely to have a significant adverse effect on that person. |
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| | | (4) | The Court of Appeal which is considering an appeal in relation to an order under |
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| | | section 195M must, on an application by a person, give the person an opportunity |
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| | | to make representations in the proceedings if that person was given an |
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| | | opportunity to make representations in the proceedings which are the subject of |
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| | Page 62, line 40 [Clause 54], leave out ‘county court’ and insert ‘Court of Appeal’. |
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| | Page 62, line 42 [Clause 54], leave out ‘county court’ and insert ‘Court of Appeal’. |
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| | Page 62, line 43 [Clause 54], leave out ‘magistrates’ court’s’ and insert ‘county |
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| | Page 63 [Clause 54], leave out lines 1 to 3. |
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| | Page 63, line 31 [Clause 54], at end insert— |
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| | | ‘195QA | Release of property |
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| | | (1) | This section applies in relation to property which— |
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| | | (a) | has been seized by an appropriate officer under section 195C, and |
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| | | (b) | is detained under or by virtue any of any of sections 195J to 195M and |
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| | | (2) | The property must be released if at any time an appropriate officer decides that |
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| | | the the detention condition is no longer met. |
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| | | (3) | The detention condition is met for so long as— |
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| | | (a) | any of the conditions in section 195B is met, and |
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| | | (b) | there are reasonable grounds for the suspicion mentioned in |
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| | | (4) | Nothing in this section requires property to be released if there is a power to |
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| | | detain it otherwise than under or by virtue of sections 195J to 195M and 195P. |
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| | | (5) | Nothing in this section affects the operation of any power or duty to release |
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| | | property that arises apart from this section.’. |
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| | Page 63, line 31 [Clause 54], at end insert— |
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| | | ‘Code of practice about search and seizure and detention of property’. |
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| | Page 63, line 39 [Clause 54], after ‘190A’, insert ‘, 193A’. |
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| | Page 63, line 40 [Clause 54], leave out ‘195M’, and insert ‘195P’. |
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| | Page 65, line 34 [Clause 55], at end insert— |
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| | | ‘(za) | first, they must be applied in payment of such expenses incurred by a |
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| | | person acting as an insolvency practitioner as are payable under this |
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| | | subsection by virtue of section 432;’. |
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| | Page 66, line 5 [Clause 55], leave out ‘either of’. |
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| | Page 66, line 16 [Clause 55], at end insert— |
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| | | ‘(3A) | In section 55(3)(b) (payment of sums received by designated officer under section |
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| | | 54 or otherwise: insolvency practitioners’ expenses) after “section 54(2)(a)” |
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| | | insert “or 67D(2)(za)”.’. |
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| | Page 68, line 1 [Clause 56], at end insert— |
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| | | ‘(za) | first, they must be applied in payment of such expenses incurred by a |
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| | | person acting as an insolvency practitioner as are payable under this |
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| | | subsection by virtue of section 432;’. |
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| | Page 68, line 20 [Clause 56], at end insert— |
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| | | ‘( ) | in subsection (3)(b) after “section 130(3)(a)” insert “or 131D(2)(za)”.’. |
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| | Page 69, line 38 [Clause 57], at end insert— |
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| | | ‘(za) | first, they must be applied in payment of such expenses incurred by a |
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| | | person acting as an insolvency practitioner as are payable under this |
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| | | subsection by virtue of section 432;’. |
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| | Page 69, line 40 [Clause 57], after ‘court’, insert ‘or Crown Court’. |
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| | Page 70, line 5 [Clause 57], after ‘court’, insert ‘or Crown Court’. |
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| | Page 70, line 10 [Clause 57], at end insert— |
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| | | ‘(4A) | If the magistrates’ court has made a direction under subsection (2)(a) or (3) in |
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| | | respect of the proceeds of realisation of any property, the Crown Court may not |
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| | | make a direction under either of those provisions in respect of the proceeds of |
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| | | realisation of that property; and vice versa.’. |
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| | Page 70, line 17 [Clause 57], at end insert— |
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| | | ‘(3A) | In section 203(3)(b) (payment of sums received by chief clerk under section 202 |
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| | | or otherwise: insolvency practitioners’ expenses) after “section 202(2)(a)” insert |
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| | Page 72, line 34, leave out Clause 62. |
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| | Page 130, line 4 [Clause 115], at end insert— |
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| | | ‘(za) | section [Prohibition on unauthorised police entry to Member of |
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| | | Parliament’s office in House of Commons],’. |
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| | Page 134, line 22 [Schedule 1], after ‘practicable’, insert ‘and in any event within |
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| | 24 hours after the offender’s arrest,’. |
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| | Page 138, line 23 [Schedule 2], at end insert ‘, and |
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| | | (c) | that any persons identified under paragraph (b) have been consulted.’. |
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| | Page 138, line 27 [Schedule 2], at end insert— |
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| | | ‘(8A) | In authorising the issue of a closure notice, the authorising officer must have |
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| | | regard to the views of any persons consulted under subsection (7)(c).’. |
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| | Page 140, line 17 [Schedule 2], at end insert ‘, and that no other measures will |
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| | prevent the premises from being used for such activities.’. |
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| | Page 140, line 21 [Schedule 2], at end insert— |
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| | | ‘(10A) | In making a closure order, the court must consider the effect of making the order |
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| | | on the human rights of any person who owns or resides in the premises, and |
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| | | anyone else likely to be affected by the order. |
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| | | (10B) | In this section, “human rights” mean the Convention rights set out in the Schedule |
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| | | to the Human Rights Act 1998 (c. 42).’. |
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| | Page 147 [Schedule 2], leave out lines 13 to 20. |
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| | Page 150, line 25 [Schedule 4], at end insert— |
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| | | ‘(1A) | The first order under subsection (1) must be to the effect that the sale of all alcohol |
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| | | in all establishments must be set as a minimum price per unit of alcohol sold. |
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| | | (1B) | A unit of alcohol for the purposes of subsection (1A) shall be defined as each ten |
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| | | millilitres of ethanol per whole beverage. |
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| | | (1C) | The minimum price per unit of alcohol sold to which subsection (1A) refers shall |
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| | | be determined by an independent board of experts. |
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| | | (1D) | The membership of the independent board of experts mentioned in subsection |
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| | | (1C) shall be determined by the Secretary of State. |
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| | | (1E) | The order referred to in subsection (1A) shall be exempt from the provisions of |
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| | | the Competition Act 1998.’. |
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| | Page 151, line 28 [Schedule 4], at end insert— |
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| | | ‘(1A) | In considering whether to make any resolutions under subsection (1), the relevant |
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| | | licensing authority will have a duty to consider whether crime, disorder or |
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| | | violence could be reduced or prevented by the use of toughened polycarbonate |
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| | | drinking vessels, and if it is deemed that violence could be reduced or prevented, |
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| | | that licensing authority has a duty to take steps to ensure that such vessels are |
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| | | being used at the relevant times in relevant licensed premises.’. |
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| | Page 170, line 2 [Schedule 7], leave out ‘in particular localities’ and insert ‘to |
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| | Page 170, line 8 [Schedule 7], leave out ‘in particular localities’ and insert ‘to |
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| | Page 170, line 13 [Schedule 7], leave out ‘in particular localities’ and insert ‘to |
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| | Page 170, line 15 [Schedule 7], leave out paragraph 33 and insert— |
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| | | ‘33(1) | Section 57 (duty to keep and produce licence) is amended as follows. |
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| | | (2) | In the heading after “licence” insert “etc.”. |
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| | | (3) | In subsection (2) for “is” substitute “and a list of any relevant general |
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| | | conditions applicable to the licence are”. |
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| | | (a) | after “it)” insert “or a list of relevant general conditions”, and |
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| | | (b) | after “copy)” insert “or the list”. |
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