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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [26 January 2010]. |
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| | Resolution of the Programming Sub-Committee |
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| | The Programming Sub-Committee appointed by the Speaker in respect of the Bill |
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| | agreed the following Resolution at its meeting on Tuesday 9 February (Standing Order |
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| | That the Order of the Committee [26 January] be amended as follows: |
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| | (1) | in paragraph (1), at end insert—
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| | ‘(g) at 9.00 am and 1.00 pm on Thursday 25 February;’; |
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| | (2) | in paragraph (4), leave out ‘8.00 pm on Tuesday 23 February’ and insert ‘5.00 |
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| | pm on Thursday 25 February’. |
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| | Mr David Hanson has given notice of his intention to move a motion in the terms of the |
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| | Resolution of the Programming Sub-Committee (Standing Order No. 83C(9)). |
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| Page 66, line 20, leave out Clause 35. |
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| Clause 36, page 67, line 19, leave out from ‘must’ to end of line 20 and insert |
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| ‘receive a report from the relevant youth offending team in respect of the person and take |
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| such report into consideration.’. |
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| Clause 36, page 67, line 25, at end insert ‘, and the court shall state its reasons why |
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| it is so satisfied that a detention order is necessary.’. |
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| Page 66, line 24, leave out Clause 36. |
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| Page 77, line 19, leave out Clause 37. |
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| Page 77, line 32, leave out Clause 38. |
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| Clause 39, page 79, line 8, leave out from ‘conduct’ to end of line 9 and insert |
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| ‘falling within subsection (2).’. |
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| Clause 39, page 79, line 10, leave out from ‘person’ to end of line 11 and insert |
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| ‘commits an offence if that person engages in the following conduct—’. |
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| Clause 39, page 79, line 13, at end insert ‘or’. |
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| Clause 39, page 79, line 15, leave out from ‘vehicles)’ to end of line 23. |
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| Clause 39, page 79, line 33, at end insert ‘or agent’. |
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| Clause 39, page 79, leave out lines 41 to 43. |
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| Clause 39, page 80, line 14, leave out from ‘conviction,’ to ‘to’ in line 15. |
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| Clause 39, page 80, line 16, leave out ‘or to both’. |
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| Clause 39, page 80, line 17, leave out from ‘indictment’ to first ‘to’ in line 18. |
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| Clause 39, page 80, line 18, leave out ‘or to both’. |
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| Clause 39, page 80, line 18, leave out ‘five’ and insert ‘two’. |
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| Clause 39, page 80, leave out lines 19 to 25. |
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| Clause 39, page 81, line 3, at end insert— |
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| | ‘(aa) | the occupier fails to display by a notice displayed in a prominent place |
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| | the name, address and telephone number of the person referred to in |
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| Clause 39, page 81, leave out lines 4 to 22. |
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| Clause 39, page 81, line 4, after ‘person’, insert ‘to the knowledge of the occupier’. |
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| Clause 39, page 81, line 6, after ‘section’, insert ‘and the occupier is aware of that |
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| Clause 39, page 81, line 33, after first ‘or’, insert ‘wilful’. |
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| Clause 39, page 81, line 33, leave out from ‘of’ to end of line 34. |
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| Clause 41, page 83, line 24, after ‘telephone’, insert ‘or any device capable of |
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| sending or receiving electronic data’. |
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| Clause 42, page 83, line 33, leave out ‘take reasonable precautions to’. |
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| Clause 42, page 83, line 34, leave out ‘eighteen’ and insert ‘fourteen’. |
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| Clause 44, page 84, line 27, at end insert— |
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| | ‘(1A) | Section [Stop and search power] extends to England and Wales and Scotland |
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| Clause 44, page 84, line 37, at end insert— |
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| | ‘( ) | Section [Material subject to the Criminal Procedure (Scotland) Act 1995] |
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| | extends to Scotland only.’. |
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| | Member’s explanatory statement
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| | This amendment secures that NC19 extends to Scotland only. |
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| Clause 44, page 84, line 38, leave out ‘Section 16’ and insert ‘Sections 16 and |
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| [Material subject to the Terrorism Act 2000 (Scotland)]’. |
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| | Member’s explanatory statement
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| | This amendment secures that NC20 extends to the whole of the United Kingdom: NC20 amends |
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| | Schedule 8 to the Terrorism Act 2000, which has UK-wide extent. |
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| Clause 44, page 85, line 3, leave out ‘18’ and insert ‘[Material subject to the |
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| Counter-Terrorism Act 2008 (Scotland)]’. |
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| | Member’s explanatory statement
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| | This amendment secures that NC21 extends to the whole of the United Kingdom: NC21 amends |
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| | section 11 of the Counter-Terrorism Act 2008, which has UK-wide extent. |
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| Clause 44, page 85, line 8, leave out ‘and 40’ and insert ‘to [charges for vehicle |
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| | Member’s explanatory statement
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| | This amendment secures that the amendments made to the Private Security Industry Act 2001 by |
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| | the new clause relating to charges for vehicle release extend, like the rest of that Act, to England |
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| | and Wales, Scotland and Northern Ireland (though they have no practical application in Scotland). |
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| Clause 44, page 85, line 11, at end insert— |
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| | ‘( ) | Sections [Introductory] to [Parliamentary control] (compensation of victims of |
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| | overseas terrorism) extend to England and Wales, Scotland and Northern |
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| | Member’s explanatory statement
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| | This amendment secures that the new provision relating to compensation of victims of overseas |
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| | terrorism extend to England and Wales, Scotland and Northern Ireland. |
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| Clause 44, page 85, line 11, at end insert— |
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| | ‘( ) | Section [Power to restrict sale and supply of alcohol] (power to restrict sale and |
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| | supply of alcohol) extends to England and Wales only.’ |
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| | Member’s explanatory statement
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| | This amendment secures that NC10extends to England and Wales only. |
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| Clause 44, page 85, line 11, at end insert— |
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| | ‘( ) | Sections [Prohibition of alcohol consumption in public places] to [Interpretation |
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| | of sections [Prohibition of alcohol consumption in public places] to [Places |
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| | which are not a restricted public place]] extend to England and Wales only.’. |
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| Clause 44, page 85, line 11, at end insert— |
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| | ‘( ) | Section [Persons subject to control order: powers of search and seizure] (persons |
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| | subject to control order: powers of search and seizure) extends to England and |
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| | Wales, Scotland and Northern Ireland.’. |
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| | Member’s explanatory statement
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| | This amendment secures that the new clause inserted into the Bill by NC32 on searches of persons |
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| | subject to control orders will extend to the whole of the United Kingdom. |
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| Clause 45, page 85, line 19, at end insert— |
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| | ‘( ) | sections [Introductory] to [Parliamentary control] (compensation of |
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| | victims of overseas terrorism);’. |
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| | Member’s explanatory statement
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| | This amendment secures that the new provision relating to compensation of victims of overseas |
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| | terrorism come into force on Royal Assent. |
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| | Charges for vehicle release: appeals |
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| To move the following Clause:— |
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| | ‘(1) | The Private Security Industry Act 2001 is amended as follows. |
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| | (2) | Before section 23 there is inserted— |
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| | “22A | Charges for vehicle release: appeals |
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| | (1) | The Secretary of State shall by regulations make provision for the |
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| | purpose specified in subsection (2) in a case where, in England and Wales |
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| | or Northern Ireland, a person carries out— |
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| | (a) | an activity to which paragraph 3 of Schedule 2 applies by virtue |
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| | of sub-paragraph (1)(c) of that paragraph (demanding or |
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| | collecting a charge as a condition of the removal of an |
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| | immobilisation device), or |
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| | (b) | an activity to which paragraph 3A of Schedule 2 applies by virtue |
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| | of sub-paragraph (1)(d) of that paragraph (demanding or |
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| | collecting a charge as a condition of the release of a vehicle). |
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| | (2) | The purpose referred to in subsection (1) is to entitle a person otherwise |
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| | entitled to remove the vehicle to appeal against the charge. |
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| | (3) | Regulations under this section shall specify the grounds on which an |
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| | (4) | The grounds may include in particular— |
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| | (a) | contravention of a code of practice issued by the Authority; |
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| | (b) | contravention of any requirement imposed by or under this Act |
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| | (including a condition contained in a licence granted under this |
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| | (5) | Regulations under this section shall make provision for and in connection |
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| | with the person to whom an appeal may be made. |
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| | (6) | That person may in particular be— |
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| | (a) | a person exercising functions of adjudication or the hearing of |
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| | appeals under another enactment; |
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| | (b) | a body established by the Secretary of State under the |
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| | (c) | an individual appointed under the regulations by the Secretary of |
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| | State or by another person specified in the regulations. |
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| | (7) | Regulations under this section may also include provision— |
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| | (a) | as to the procedural conditions to be satisfied by a person before |
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| | (b) | as to the payment of a fee by the appellant; |
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| | (c) | as to the procedure (including time limits) for making an appeal; |
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| | (d) | as to the procedure for deciding an appeal; |
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| | (e) | as to the payment to the appellant by the respondent of— |
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| | (i) | the charge against which the appeal is made; |
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| | (ii) | other costs incurred by the appellant in consequence of |
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| | the activity referred to in subsection (1); |
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| | (f) | as to the payment by a party to an appeal of— |
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| | (i) | costs of the other party in relation to the adjudication; |
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| | (ii) | other costs in respect of the adjudication; |
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| | (g) | as to the payment by the respondent to an appeal, in a case where |
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| | the appeal is granted, of a charge in respect of the costs of |
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| | adjudications under the regulations; |
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| | (h) | as to the effect and enforcement of a decision of the person to |
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| | (i) | requiring or authorising the person to whom an appeal is made to |
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| | provide information relating to the appeal to the Authority; |
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| | (j) | to the effect that a person who makes a representation that is false |
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| | in a material particular, and does so recklessly or knowing it to |
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| | be false, commits an offence triable summarily and punishable |
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| | with a fine not exceeding level 5 on the standard scale. |
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| | (8) | The provision specified in paragraphs (e), (f) and (g) of subsection (7) |
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| | includes provision authorising the person to whom an appeal is made to |
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| | require payment of the matters specified in those paragraphs.” |
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