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Public Bill Committee: 23 February 2010                  

274

 

Crime and Security Bill, continued

 
 

(2)    

In sections [Restricted public places] to [Effect of sections [Prohibition of alcohol

 

consumption in public places] to [Places which are not a restricted public place]

 

on byelaws] “local authority” means—

 

(a)    

in relation to England—

 

(i)    

a unitary authority;

 

(ii)    

a district council so far as they are not a unitary authority,

 

(b)    

in relation to Wales, a county council or a county borough council.

 

(3)    

In subsection (2) “unitary authority” means—

 

(a)    

the council or a county so far as they are the council for an area for which

 

there are no district councils;

 

(b)    

the council of any district comprised in an area for which there is no

 

county council;

 

(c)    

a London borough council;

 

(d)    

the Common Council of the City of London in its capacity as a local

 

authority;

 

(e)    

the Council of the Isles of Scilly.’.

 


 

Prohibition of immobilisation or restriction and removal of vehicles

 

Mr Douglas Hogg

 

NC27

 

To move the following Clause:—

 

‘(1)    

A person commits an offence if the person carries out any of the following

 

activities—

 

(a)    

the immobilisation of a motor vehicle by the attachment to the vehicle, or

 

to a part of it, of an immobilising device;

 

(b)    

the demanding or collection of a charge as a condition of the removal of

 

an immobilising device from a motor vehicle;

 

(c)    

the moving of a vehicle, or the restriction of the movement of a vehicle,

 

by any means;

 

(d)    

the demanding or collection of a charge as a condition of any release of

 

a vehicle which has been so moved or restricted;

 

    

unless that activity is carried out with the consent of the owner, keeper or user of

 

the vehicle.

 

(2)    

A person who is an occupier of any premises commits an offence if—

 

(a)    

another person carries out, in relation to vehicles on those premises, any

 

activities falling within subsection (1), and

 

(b)    

those activities are carried out with the permission of that occupier or for

 

the purposes of, or in connection with, any contract for the supply of

 

services to him.

 

(3)    

A person guilty of an offence under this section shall be liable—

 

(a)    

on summary conviction, to a fine not exceeding the statutory maximum;

 

(b)    

on conviction on indictment, to a fine.


 
 

Public Bill Committee: 23 February 2010                  

275

 

Crime and Security Bill, continued

 
 

(4)    

The Private Security Industry Act 2001 is amended as follows—

 

(a)    

omit section 6;

 

(b)    

in Schedule 2 omit paragraphs 3 and 3A.’.

 


 

Definition of domestic violence

 

Mr Robert Flello

 

NC28

 

To move the following Clause:—

 

‘(1)    

Domestic violence is defined as an incident of—

 

(a)    

threatening behaviour,

 

(b)    

violence, or

 

(c)    

abuse, whether physical, sexual, financial or emotional,

 

    

committed by a person (P) on an adult who is or has been an intimate partner or

 

family member of P, regardless of the gender or sexuality of either person, and

 

which is one of a series of such incidents.

 

(2)    

Abuse under subsection (1)(c) may include—

 

(a)    

destruction of a spouse’s or partner’s property;

 

(b)    

isolation of a spouse or partner from friends, family or other potential

 

sources of support;

 

(c)    

threats to others, including children;

 

(d)    

control over access to money, personal items, food, transport, and

 

telephone services; and

 

(e)    

the effect of any of paragraphs (a), (b), (c) or (d) on children.’.

 


 

Use of animals in gang-related violence

 

Andrew Rosindell

 

James Brokenshire

 

NC29

 

To move the following Clause:—

 

‘(1)    

The Policing and Crime Act 2009 is amended as follows.

 

(2)    

In section 34(5) (meaning of “gang-related violence”) after paragraph (c) insert

 

“, and

 

(d)    

may be involv ed in the use of animals as weapons.”’.

 



 
 

Public Bill Committee: 23 February 2010                  

276

 

Crime and Security Bill, continued

 
 

Code of conduct (Private Security Industry Act 2001)

 

James Brokenshire

 

Andrew Rosindell

 

NC30

 

To move the following Clause:—

 

‘The Secretary of State shall by regulations make provision for the introduction

 

of a code of conduct in respect of vehicle immobilisation activities and the issuing

 

of penalties for parking on private land undertaken by any business licensed

 

under section 4A of the Private Security Industry Act 2001 (inserted by section

 

39 of this Act), including making provision for requirements for appropriate

 

signage on private land and maximum levels of penalties which may be levied.’.

 


 

New schedule

 

Mr David Hanson

 

NS1

 

To move the following Schedule:—

 

‘Compensation of victims of overseas terrorism: consequential amendments

 

Parliamentary Commissioner Act 1967 (c. 13)

 

1          

After section 11B of the Parliamentary Commissioner Act 1967, there is

 

inserted—

 

“11C  

The Victims of Overseas Terrorism Compensation Scheme

 

(1)    

For the purposes of this Act, administrative functions exercisable by

 

an administrator of the Victims of Overseas Terrorism Compensation

 

Scheme (see section [compensation scheme] of the Crime and Security

 

Act 2010) (“Scheme functions”) shall be taken to be administrative

 

functions of a government department to which this Act applies.

 

(2)    

For the purposes of this section, a claims officer appointed under

 

section [claims officers etc](1) of the Crime and Security Act 2010 is

 

an administrator of the Scheme.

 

(3)    

The principal officer in relation to any complaint made in respect of

 

any action taken in respect of Scheme functions by a claims officer is

 

such person as may from time to time be designated by the Secretary

 

of State for the purposes of this subsection.

 

(4)    

The conduct of an investigation under this Act in respect of any action

 

taken in respect of Scheme functions shall not affect—

 

(a)    

any action so taken; or

 

(b)    

any power or duty of any person to take further action with

 

respect to any matters subject to investigation.”

 

Inheritance Tax Act 1984 (c. 51)

 

2    (1)  

The Inheritance Tax Act 1984 is amended as follows.

 

      (2)  

In section 71A (trusts for bereaved minors)—


 
 

Public Bill Committee: 23 February 2010                  

277

 

Crime and Security Bill, continued

 
 

(a)    

in subsection (2), after paragraph (b) there is inserted “or

 

(c)    

established under the Victims of Overseas Terrorism

 

Compensation Scheme,”;

 

(b)    

in subsection (4), for “or (b)” there is substituted “, (b) or (c)”.

 

      (3)  

In section 71D (age 18-to-25 trusts), in subsection (2), after paragraph (b) there

 

is inserted “or

 

(c)    

established under the Victims of Overseas Terrorism

 

Compensation Scheme,”.

 

Income Tax (Trading and Other Income) Act 2005 (c. 5)

 

3          

In section 732 of the Income Tax (Trading and Other Income) Act 2005

 

(compensation awards), in subsections (1) and (2), at the end there is inserted

 

“or the Victims of Overseas Terrorism Compensation Scheme”.

 

Finance Act 2005 (c. 7)

 

4          

In section 35 of the Finance Act 2005 (trusts for relevant minors), in subsection

 

(2), after paragraph (b) there is inserted “or

 

(c)    

established under the Victims of Overseas Terrorism

 

Compensation Scheme,”.

 

Tribunals, Courts and Enforcement Act 2007 (c. 15)

 

5          

In section 11 of the Tribunals, Courts and Enforcement Act 2007 (right to

 

appeal to Upper Tribunal), in subsection (5) (excluded decisions), after

 

paragraph (a) there is inserted—

 

“(aa)    

any decision of the First-tier Tribunal on an appeal made in

 

exercise of a right conferred by the Victims of Overseas

 

Terrorism Compensation Scheme in compliance with section

 

[reviews and appeals](3) of the Crime and Security Act

 

2010,”.’.

 

Member’s explanatory statement

 

This Schedule amends other Acts to secure that the new compensation scheme is treated in the

 

same way as the existing Criminal Injuries Compensation Scheme in relation to investigations by

 

the Parliamentary Commissioner (para.1), in taxation matters (paras.2 to 4) and in relation to

 

appeals (para.5).

 


 

Mr David Hanson

 

113

 

Title,  line  5,  after ‘weapons;’ insert ‘for the compensation of victims of overseas

 

terrorism;’.

 

Member’s explanatory statement

 

This amendment is consequential on the new provision for compensation of victims of overseas

 

terrorism.

 

Mr David Hanson

 

176

 

Title,  line  5,  after ‘weapons;’ insert ‘about licensing the sale and supply of alcohol;’.

 

Member’s explanatory statement

 

This amendment is consequential on NC10.


 
 

Public Bill Committee: 23 February 2010                  

278

 

Crime and Security Bill, continued

 
 

Mr David Hanson

 

178

 

Title,  line  5,  after ‘weapons;’, insert ‘about searches in relation to persons subject to

 

control orders;’.

 

Member’s explanatory statement

 

This amendment inserts a reference to the new provisions on searches of persons subject to control

 

orders into the long title of the Bill.

 


 

Mr David Hanson

 


 

  That certain written evidence already reported to the House be appended to the

 

proceedings of the Committee.

 

 

Order of the House [18 January 2010]

 

That the following provisions shall apply to the Crime and Security Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Tuesday 23 February 2010.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

Order of the Committee [26 january 2010]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

 

26 January) meet—

 

(a)  

at 4.00 pm on Tuesday 26 January;

 

(b)  

at 9.00 am and 1.00 pm on Thursday 28 January;


 
 

Public Bill Committee: 23 February 2010                  

279

 

Crime and Security Bill, continued

 
 

(c)  

at 10.30 am and 4.00 pm on Tuesday 2 February;

 

(d)  

at 9.00 am and 1.00 pm on Thursday 4 February;

 

(e)  

at 10.30 am and 4.00 pm on Tuesday 9 February;

 

(f)  

at 10.30 am and 4.00 pm on Tuesday 23 February;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table—

 

      TABLE

 

Date

Time

Witness

 
 

Tuesday 26 January

Until no later than

Police Federation of

 
  

12.00 pm

England and Wales; Jan

 
   

Berry (Independent

 
   

Reducing Bureaucracy

 
   

Advocate)

 
 

Tuesday 26 January

Until no later than

Association of Chief

 
  

1.00 pm

Police Officers;

 
   

Manchester Crime and

 
   

Disorder Reduction

 
   

Partnership; Manchester

 
   

City Council; The

 
   

Standing Committee for

 
   

Youth Justice

 
 

Tuesday 26 January

Until no later than

Association of Chief

 
  

5.30 pm

Police Officers; Linda

 
   

Bowman

 
 

Tuesday 26 January

Until no later than

Liberty; GeneWatch UK

 
  

7.00 pm

  
 

Thursday 28 January

Until no later than

Wiltshire Police; Refuge;

 
  

10.25 am

Fawcett Society;

 
   

Women’s Aid Federation

 
   

of England; National

 
   

Centre for Domestic

 
   

Violence

 
 

Thursday 28 January

Until no later than

The Automobile

 
  

2.30 pm

Association; British

 
   

Parking Association;

 
   

Local Government

 
   

Association

 
 

Thursday 28 January

Until no later than

Home Office

 
  

4.00 pm

  
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clauses 1 to 39; Schedule; Clauses 40 to 46; new Clauses;

 

new Schedules; remaining proceedings on the Bill;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 8.00 pm on Tuesday 23 February.

 


 
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