Session 2010-11

Police Reform and Social Responsibility Bill

Memorandum submitted by Westminster City Council (PR 45 A)

Notes on Amendments for Committee Stage, House of Commons

Headings

Amendments 1 and 2:

These amendments are to the headings of Part 3 to make clear that the provisions apply to a wider area than just the gardens and the adjacent footways.

Clause 140: Controlled area of Parliament Square

Amendments 3, 4 and 8:

These amendments to 140(1) and a consequential amendment to 140(2) extend the controlled area of Parliament Square so as to include not just the central gardens and immediately adjacent footways but all the highway land in Parliament Square together with Canning Green, Little George St. and the bit of great George St to the east of its junction with Little George St. The area would be shown on a plan to be deposited in Parliament.

Amendments 5, 6, 7 and 37:

These amendments add new subsections which would enable the Secretary of State by order to extend the limits of the controlled area so as to include a number of other streets and open spaces in the vicinity of Parliament Square. These streets and areas are listed in the amendments and include Parliament St, St Margaret St, Abingdon St, College Green, Victoria Tower Gardens, Bridge St and the Sanctuary. Amendment 38 would require any order made by the Secretary of State to be subject to the draft order affirmative resolution procedure in Parliament.

Clause 141: Prohibited activities in controlled area of Parliament Square

Amendments 9 and 11:

This amendment to 141(1) and a new subsection (1A) [(2) in the tracked Word version] alters the power to give directions so that instead of the authorised officer or constable being required to have reasonable grounds to believe that a person is about to do a prohibited activity, it would be on reasonable grounds to believe that a person will do the activity. This means that he wouldn’t have to wait until the person were on the point of doing the activity. The new subsection ensures that the power to give directions can only be used in relation to persons who are actually in the controlled area.

Amendments 10, 15, and 21:

These amendments insert new 141(1)(c), 141(2)(f) and 141(4A) [141(5) in the tracked Word version]. Together these would add a new prohibited activity of having possession or control of a prohibited item for the purpose of doing another prohibited activity, would enable a direction to be given to remove a prohibited item from the controlled area, and define what a prohibited item is. The definition of prohibited item is extended by amendment 21 to include not just items of a kind mentioned in subsections (3)(a) to (e) (ie loudspeakers, structures and sleeping equipment etc) but also any item which forms part of or may be adapted or used to form part of items of that kind.

Amendments 12, 13, 14, 16, 17, 18, 19 and 20:

These amendments deal with structures. They amend 141(2)(b), 141(2)(b)(i) and 141(2)(c), remove 141(2)(b)(ii) and add new 141(3A) and (5A) [141(5) and (6) in the tracked Word version]. They alter the two prohibited activities that prohibit the erection and use of tents or other structures that are designed or adapted for the purpose of sleeping. The amendments would extend the prohibited activities so that they would apply to all structures (including tents) without any reference to the purpose for which they may be used. The two new subsections would provide an exception for structures erected by or on behalf of the owner or occupier of the land, certain statutory undertakers, and for development which enjoys planning permission.

Amendments 22 and 23:

These amendments to 141(7) alter the definition of "sleeping equipment" so that it includes materials such as cardboard and foam which may be used for sleeping.

Clause 142: Directions under section 141: further provision

Amendments 24, 25, 26, 28 and 29:

As it stands, clause 142 provides that any direction which requires a person not to start doing a prohibited activity can only remain in force for a maximum period of 90 days. These amendments to 142(2) and (6) and removal of 142(3) provide that the direction would stay in force until it is rescinded by a constable or authorised officer (who need not be the same person who gave the direction).

Amendment 27:

This amendment removes 142(4) and (5). Those subsections provide that directions requiring the ceasing of or not starting the use of megaphones etc may only be given if the megaphones etc are likely to be heard by persons in or in the vicinity of the controlled area.

Clause 143: Power to seize property

Amendments 30, 31 and 32:

Amendment 30 to clause 143(1) allows seizure of items that may be used in connection with the offence of failing to comply with a direction under clause 141. As it stands the clause only allows for seizure of items that are being or have been so used. Amendments 31 and 32 enable seizure of prohibited items in cases where a direction has been given to remove them from the controlled area (see amendment 10).

Clause 144: Power of court on conviction

Amendments 33 and 34:

These amendments are consequential on the extended definition of "prohibited item" inserted in clause 141 by amendment 21.

Clause 146: Meaning of "authorised officer" and "responsible authority"

Amendments 35 and 36:

These amendments insert 7 new subsections which would enable the GLA and Westminster City Council to agree that one or other of them should be the responsible authority for any part of the controlled area.

Clause 152: Orders and regulations

Amendment 37:

As mentioned above (see amendment 5) this ensures that orders that extend the controlled area are subject to the affirmative draft order procedure in Parliament.

Clause 155: Commencement

Amendment 38:

This amendment would mean that the whole of Part 3 (Parliament Square) and section 148 (the power for councils and GLA to include seizure powers in their byelaws) would come into operation on the day of Royal Assent, rather than on a day fixed by regulations.

New clause: Provision of information to authorised officer

This new clauses extends to GLA officers the power enjoyed by Westminster City Council officers under s. 26 of the London Local Authorities Act 2004 to require a persons name and address where investigating an offence.

Memorandum submitted by Westminster City Council (PR 45 B)

Police Reform and Social Responsibility Bill

Amendments for Committee Stage, House of Commons

Clause 139

1. Clause 139, Page 94, line 15, leave out "Garden"

2. Clause 139, Page 94, line 25, leave out "Garden and adjoining pavements" and insert "and adjoining area"

Clause 140

3. Clause 140, Page 94, line 28, leave out "comprised in" and insert "shown on the deposited plan and described as "the Controlled Area", namely-"

4. Clause 140, Page 94, line 29, leave out from "Square" to end of paragraph (b) and insert-

"(b) those parts of Parliament Square comprising a highway,

(d) Little George Street,

(e) that part of Great George Street between its junction with the area described in paragraph (b) and a point [X] metres to the west of its junction with Little George Street, and

(f) that part of Broad Sanctuary between its junction with the area described in paragraph (b) and a point [Y] metres to the west of its junction with Little George Street."

5. Clause 140, Page 94, line 31, at end insert-

"(1A) The Secretary of State may by order alter the limits of the controlled area of Parliament Square.

(1B) The limits may not be altered under subsection (1A) so as to include any area except the area areas of highway and other open land described in subsection (1) or any part of the area shown on the deposited plan and described as "the Additional Area", namely-

(a) Parliament Street from its junction with the area described in subsection (1) to the north side of its junction with King Charles Street,

(b) Bridge Street, from its junction with the area described in subsection (1) to the west bank of the River Thames, including that part of Canon Row to which the public have access,

(c) St. Margaret Street, from its junction with the area described in subsection (1) to its junction with Abingdon Street,

(d) Old Palace Yard, on both sides of St. Margaret Street,

(e) Abingdon Street, from its junction with St. Margaret Street to the north side of its junction with Great College Street,

(f) Victoria Tower Gardens,

(g) College Green, and

(h) the triangular area of open land known as the Sanctuary, lying to the west of Westminster Abbey."

6. Clause 140, Page 94, line 32, leave out "subsection (1)" and insert "this section"

7. Clause 140, Page 94, line 36, at end insert-

"the deposited plan" means the plan deposited in connection with the Police Reform and Social Responsibility Bill in the Office of the Clerk of the Parliaments and Public Bill Office of the House of Commons."

8. Clause 140, Page 94, leave out lines 37 and 38

Clause 141

9. Clause 141, Page 95, line 3, leave out "is about to" and insert "will"

10. Clause 141, Page 95, line 6, at end insert-

"(c) in the case of the prohibited activity mentioned in subsection (3)(f), to remove the prohibited item in question from the controlled area of Parliament Square."

11. Clause 141, Page 95, line 6, at the end insert-

"(1A) The power to direct under subsection (1) may only be exercised in the case of a person who a constable or authorised officer has reasonable grounds for believing will do a prohibited activity if that person is in the controlled area of Parliament Square."

12. Clause 141, Page 95, line 10, after "erected" insert "any structure (including a tent)"

13. Clause 141, Page 95, line 12, leave out paragraphs (i) and (ii)

14. Clause 141, Page 95, line 16, leave out "tent or other"

15. Clause 141, Page 95, line 23, at end insert-

"(f) having possession or control of any prohibited item in the controlled area of Parliament Square for the purpose of doing any prohibited activity of the kind mentioned in paragraphs (a) to (e)."

16. Clause 141, page 95, line 29, at end insert-

"(3A) And an activity is not to be treated as a "prohibited activity" within subsection (3)(b) if-

(a) it is done by or on behalf of-

(i) the owner or occupier of the land in question, or

(ii) a statutory undertaker for the purposes of its undertaking, or

(b) it comprises the carrying out of development in respect of which planning permission is granted or deemed to be granted under Part 3 of the Town and Country Planning Act 1990."

17. Clause 141, Page 95, line 37, at end insert-

"(5A) In subsection (3A) "statutory undertaker" means-

(a) a licence holder within the meaning of Part 1 of the Electricity Act 1989;

(b) a gas transporter within the meaning of Part 1 of the Gas Act 1986;

(d) a sewerage undertaker within Part 1 of that Act;

(e) any local authority which is a relevant authority for the purposes of section 97 of that Act;

(f) an operator within the meaning given by paragraph 17(1) of Schedule 17 to the Communications Act 2003;

(g) Transport for London, London Underground Limited or any of their subsidiaries."

18. Clause 141, Page 95, line 39, leave out "tent or similar"

19. Clause 141, Page 95, line 40, leave out "tent or similar"

20. Clause 141, Page 95, line 41, leave out "tent or"

21. Clause 141, Page 96, line 1, after "this section" insert "-

""prohibited item" means-

(a) any item of a kind mentioned in subsections (3)(a) to (e), and

(b) any item which forms part of or may be adapted or used as or to form part of any item of a kind mentioned in subsections (3)(a) to (e),"

22. Clause 141, Page 96, line 1, leave out "mattress" and insert "sheet, blanket, duvet, pillow, mattress, cardboard, plastic, foam"

23. Clause 141, Page 96, line 2, after "item" insert "or material"

Clause 142

24. Clause 142, Page 96, line 12, at end insert "until it is rescinded"

25. Clause 142, Page 96, line 13, leave out paragraphs (a) and (b)

26. Clause 142, Page 96, line 13, leave out subsection (3)

27. Clause 142, Page 96, line 19, leave out subsections (4) and (5)

28. Clause 142, Page 96, line 30, leave out "withdrawn" and insert "rescinded"

29. Clause 142, Page 96, line 30, leave out "the person who gave it" and insert "a constable (in the case of a direction given by a constable) or an authorised officer (in the case of a direction given by an authorised officer)"

Clause 143

30. Clause 143, Page 96, line 37, leave out "the item" and insert "- (a) the item may be,"

31. Clause 143, Page 96, line 38, at end insert ", or

(b) a direction has been given under section 141(1)(c) in relation to the item and the direction has not been complied with."

32. Clause 143, Page 96, line 43, leave out subsection (3) and insert-

"(3) In this section, "prohibited item" has the meaning given by section 141(10)."

Clause 144

33. Clause 144, Page 97, line 26, leave out "item of a kind mentioned in subsection (2) of that section" and insert "prohibited item"

34. Clause 144, Page 97, line 36, at end insert-

"(4) In this section, "prohibited item" has the meaning given by section 141 (10)."

Clause 146

35. Clause 146, Page 98, line 36, at the beginning insert "Subject to subsection (4),"

36. Clause 146, Page 98, line 40, at end insert-

"(4) The Greater London Authority and Westminster City Council may enter into agreements with each other providing that one of them shall be the responsible authority in relation to any land in the controlled area of Parliament Square and any agreement made in accordance with this subsection shall have effect despite subsection (3).

(5) In this section, "the first party" means the party to an agreement under subsection (4) who by that agreement ceases to be the responsible authority in relation to land in the controlled area of Parliament Square and "the second party" means the party who becomes the responsible authority in relation to that land.

(6) An agreement under subsection (4) shall be subject to such terms and subject to such conditions (if any) as may be specified in the agreement.

(7) Where under an agreement made under subsection (4) any function of the first party is exercisable by the second party, then, for the purpose of exercising that function the second party shall have the same powers under this Part as the first party have for that purpose, and in exercising that function and those powers the second party shall have the like rights and be subject to the like liabilities as the first party.

(8) Either party may rescind any agreement under subsection (4) above by giving three months' written notice to the other.

(9) Subsection (10) below shall apply where, immediately before the date on which an agreement under this section comes into effect or is rescinded (the "relevant date")-

(a) a direction given by the first party under section 141 is in force in respect of an area which is the subject of the agreement;

(b) an authorisation given by the first party under section 145 is in force in respect of an area which is the subject of the agreement.

.(10) In the circumstances mentioned in subsection (9) above, the direction or authorisation in question shall continue in force subject to the same terms and conditions as though it had been issued by the second party."

Clause 152

37. Clause 152, Page 101, line 20, at end insert-

"(d) an order under section 140(2)"

Clause 155

38. Clause 155, page 102, line 16, at the end insert-

"(aa) Part 3 (Parliament Square and surrounding area);

(ab) section 148 (enforcement of byelaws: power of seizure etc);"

New Clause

Provision of information to authorised officer

To move the following Clause:-

"Section 26 of the London Local Authorities Act 2004 shall apply to an authorised officer of the Greater London Authority in respect of the exercise of the officer’s functions under this Part as it applies in relation to an authorised officer of Westminster City Council in respect of the exercise of those functions."

Memorandum submitted by Westminster City Council (PR 45 C)

Police Reform and Social Responsibility Bill

Relevant provisions showing amendments proposed by Westminster City Council

PART 3

PARLIAMENT SQUARE AND SURROUNDING AREA

Repeal of SOCPA 2005 provisions

139 Demonstrations in vicinity of Parliament: repeal of SOCPA 2005 provisions

(1) Sections 132 to 138 of the Serious Organised Crime and Police Act 2005 (which regulate demonstrations and use of loudspeakers in the vicinity of Parliament) are repealed.

(2) The public assemblies in relation to which section 14 of the Public Order Act 1986 applies, as a consequence of the repeal of section 132(6) of the Serious Organised Crime and Police Act 2005, include public assemblies which started, or were being organised, before this section comes into force.

Controls on activities in Parliament Square and adjoining area

140 Controlled area of Parliament Square

(1) For the purposes of this Part, the "controlled area of Parliament Square" means the area of land that is shown on the deposited plan and described as "the Controlled Area", namely-

(a) the central garden of Parliament Square,

(b) those parts of Parliament Square comprising a highway,

(d) Little George Street,

(e) that part of Great George Street between its junction with the area described in paragraph (b) and a point [X] metres to the west of its junction with Little George Street, and

(f) that part of Broad Sanctuary between its junction with the area described in paragraph (b) and a point [Y] metres to the west of its junction with Little George Street.

(2) The Secretary of State may by order alter the limits of the controlled area of Parliament Square.

(3) The limits may not be altered under subsection (2) so as to include any area except the area described in subsection (1) or any part of the area areas of highway and other open land shown on the deposited plan and described as "the Additional Area", namely-

(a) Parliament Street from its junction with the area described in subsection (1) to the north side of its junction with King Charles Street,

(b) Bridge Street, from its junction with the area described in subsection (1) to the west bank of the River Thames, including that part of Canon Row to which the public have access,

(c) St. Margaret Street, from its junction with the area described in subsection (1) to its junction with Abingdon Street,

(d) Old Palace Yard, on both sides of St. Margaret Street,

(e) Abingdon Street, from its junction with St. Margaret Street to the north side of its junction with Great College Street,

(f) Victoria Tower Gardens,

(g) College Green, and

(h) the triangular area of open land known as the Sanctuary, lying to the west of Westminster Abbey.

(4) In this section-

"the central garden of Parliament Square" means the site in Parliament Square on which the Minister of Works was authorised by the Parliament Square (Improvements) Act 1949 to lay out the garden referred to in that Act as "the new central garden";

141 Prohibited activities in controlled area of Parliament Square

(1) A constable or authorised officer who has reasonable grounds for believing that a person is doing, or will do, a prohibited activity may direct the person-

(a) to cease doing that activity,

(b) (as the case may be) not to start doing that activity, or

(c) in the case of the prohibited activity mentioned in subsection (3)(f), to remove the prohibited item in question from the controlled area of Parliament Square.

(2) The power to direct under subsection (1) may only be exercised in the case of a person who a constable or authorised officer has reasonable grounds for believing will do a prohibited activity if that person is in the controlled area of Parliament Square.

(3) For the purposes of this Part, a "prohibited activity" is any of the following-

(a) operating any amplified noise equipment in the controlled area of Parliament Square;

(b) erecting or keeping erected any structure (including a tent) in the controlled area of Parliament Square.

(c) using any such structure in the controlled area of Parliament Square for the purpose of sleeping or staying in that area;

(d) placing or keeping in place in the controlled area of Parliament Square any sleeping equipment with a view to its use (whether or not by the person placing it or keeping it in place) for the purpose of sleeping overnight in that area;

(e) using any sleeping equipment in the controlled area of Parliament Square for the purpose of sleeping overnight in that area;

(f) having possession or control of any prohibited item in the controlled area for the purpose of doing any prohibited activity of the kind mentioned in paragraphs (a) to (e).

(4) But an activity is not to be treated as a "prohibited activity" within subsection (3) if it is done-

(a) for police, fire and rescue authority or ambulance purposes,

(b) by or on behalf of a relevant authority, or

(c) by a person so far as authorised under section 145 to do it (authorisation for operation of amplified noise equipment).

(5) And an activity is not to be treated as a "prohibited activity" within subsection (3)(b) if-

(a) it is done by or on behalf of-

(i) the owner or occupier of the land in question, or

(ii) a statutory undertaker for the purposes of its undertaking, or

(b) it comprises the carrying out of development in respect of which planning permission is granted or deemed to be granted under Part 3 of the Town and Country Planning Act 1990."

(6) In subsection (3)(a) "amplified noise equipment" means any device that is designed or adapted for amplifying sound, including (but not limited to)-

(a) loudspeakers, and

(b) loudhailers.

(7) In subsection (4)(b) "relevant authority" means any of the following-

(a) a Minister of the Crown or a government department,

(b) the Greater London Authority, or

(8) In subsection (5) "statutory undertaker" means-

(a) a licence holder within the meaning of Part 1 of the Electricity Act 1989;

(b) a gas transporter within the meaning of Part 1 of the Gas Act 1986;

(d) a sewerage undertaker within Part 1 of that Act;

(e) any local authority which is a relevant authority for the purposes of section 97 of that Act;

(f) an operator within the meaning given by paragraph 17(1) of Schedule 17 to the Communications Act 2003;

(g) Transport for London, London Underground Limited or any of their subsidiaries.

(9) It is immaterial for the purposes of a prohibited activity-

(a) in the case of an activity within subsection (3)(b) or (c) of keeping a structure erected or using a structure, whether the structure was first erected before or after the coming into force of this section;

(b) in the case of an activity within subsection (3)(d) or (e) of keeping in place any sleeping equipment or using any such equipment, whether the sleeping equipment was first placed before or after the coming into force of this section.

(10) In this section-

"prohibited item" means-

(a) any item of a kind mentioned in subsections (3)(a) to (e), and

(b) any item which forms part of or may be adapted or used as or to form part of any item of a kind mentioned in subsections (3)(a) to (e),

"sleeping equipment" means any sleeping bag, sheet, blanket, duvet, pillow, mattress, cardboard, plastic, foam or other similar item or material designed, or adapted, (solely or mainly) for the purpose of facilitating sleeping in a place.

(11) A person who fails without reasonable excuse to comply with a direction under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

142 Directions under section 141: further provision

(1) A direction requiring a person to cease doing a prohibited activity may include a direction that the person does not start doing that activity again after having ceased it.

(2) A direction requiring a person not to start doing a prohibited activity continues in force until it is rescinded -

(3) A direction-

(a) may be given orally,

(b) may be given to any person individually or to two or more persons together, and

(c) may be rescinded or varied by a constable (in the case of a direction given by a constable) or an authorised officer (in the case of a direction given by an authorised officer).

(4) In this section-

"amplified noise equipment" has the meaning given by section 141(6);

"direction" means a direction given under section 141(1).

143 Power to seize property

(1) A constable or authorised officer may seize and retain a prohibited item that is on any land in the controlled area of Parliament Square if it appears to that constable or officer that -

(a) the item may be, is being, or has been, used in connection with the commission of an offence under section 141, or

(b) a direction has been given under section 141(1)(c) in relation to the item and the direction has not been complied with.

(2) A constable may seize and retain a prohibited item that is on any land outside of the controlled area of Parliament Square if it appears to the constable that the item has been used in connection with the commission of an offence under section 141.

(3) In this section, "prohibited item" has the meaning given by section 141 (10).

(4) The constable or authorised officer may use reasonable force, if necessary, in exercising a power of seizure under subsection (1) or (in the case of a constable) under subsection (2).

(5) An item seized under this section must be returned to the person from whom it was seized-

(a) no later than the end of the period of 28 days beginning with the day on which the item was seized, or

(b) if proceedings are commenced against the person for an offence under section 141 before the return of the item under paragraph (a), at the conclusion of those proceedings.

(6) If it is not possible to return an item under subsection (5) because the name or address of the person from whom it was seized is not known-

(a) the item may be returned to any other person appearing to have rights in the property who has come forward to claim it, or

(b) if there is no such person, the item may be disposed of or destroyed at any time after the end of the period of 90 days beginning with the day on which the item was seized.

(7) Subsections (5)(b) and (6) do not apply if a court makes an order under section 144(1)(a) for the forfeiture of the item.

(8) The references in subsections (1) and (2) to an item that is "on" any land include references to an item that is in the possession of a person who is on any such land.

144 Power of court on conviction

(1) The court may do either or both of the following on the conviction of a person ("P") of an offence under section 141-

(a) make an order providing for the forfeiture of any prohibited item that was used in the commission of the offence;

(b) make such other order as the court considers appropriate for the purpose of preventing P from engaging in any prohibited activity in the controlled area of Parliament Square.

(2) An order under subsection (1)(b) may (in particular) require P not to enter the controlled area of Parliament Square for such period as may be specified in the order.

(3) Power of the court to make an order under this section is in addition to the court’s power to impose a fine under section 141(11).

(4) In this section, "prohibited item" has the meaning given by section 141 (10).

145 Authorisation for operation of amplified noise equipment

(1) The responsible authority for any land in the controlled area of Parliament Square may authorise a person in accordance with this section to operate on that land any amplified noise equipment (as defined by section 141(6)).

(2) An application for authorisation must be made to the responsible authority by or on behalf of the person (or persons) seeking the authorisation.

(3) The responsible authority may-

(a) determine the form in which, and the manner in which, an application is to be made;

(b) specify the information to be supplied in connection with an application;

(4) If an application is duly made to a responsible authority, the authority must-

(a) determine the application, and

(b) give notice in writing to the applicant of the authority’s decision within the period of 21 days beginning with the day on which the authority receives the application.

(5) The notice must specify-

(a) the person (or persons) authorised (whether by name or description),

(b) the kind of amplified noise equipment to which the authorisation applies,

(d) any conditions to which the authorisation is subject.

(6) The responsible authority may at any time-

(a) withdraw an authorisation given to a person under this section, or

(b) vary any condition to which an authorisation is subject.

(7) Variation under subsection (6)(b) includes-

(a) imposing a new condition,

(b) removing an existing condition, or

(8) The exercise of a power under subsection (6) to withdraw an authorisation or to vary a condition is effected by the responsible authority giving notice in writing to the applicant.

146 Meaning of "authorised officer" and "responsible authority"

(1) This section applies for the purposes of this Part.

(2) "Authorised officer", in relation to any land in the controlled area of Parliament Square, means-

(a) an employee of the responsible authority for that land who is authorised in writing by the authority for the purposes of this Part, and

(b) any other person who, under arrangements made with the responsible authority (whether by that or any other person), is so authorised for the purposes of this Part.

(3) Subject to subsection (4), "responsible authority", in relation to any land in the controlled area of Parliament Square, means-

(a) the Greater London Authority, for any land comprised in the central garden of Parliament Square (as defined by section 140(2)), and

(b) Westminster City Council, for any other land.

(4) The Greater London Authority and Westminster City Council may enter into agreements with each other providing that one of them shall be the responsible authority in relation to any land in the controlled area of Parliament Square and any agreement made in accordance with this subsection shall have effect despite subsection (3).

(6) An agreement under subsection (4) shall be subject to such terms and subject to such conditions (if any) as may be specified in the agreement.

(8) Either party may rescind any agreement under subsection (4) above by giving three months' written notice to the other.

(9) Subsection (10) below shall apply where, immediately before the date on which an agreement under this section comes into effect or is rescinded (the "relevant date")-

(a) a direction given by the first party under section 141 is in force in respect of an area which is the subject of the agreement,

(b) an authorisation given by the first party under section 145 is in force in respect of an area which is the subject of the agreement.

147 Effect of Part on byelaws

(1) In section 385 of the Greater London Authority Act 1999 (byelaws), after subsection (6) insert-

"(6A) Byelaws under this section may not be made as respects Parliament Square Garden for the purpose of prohibiting a particular activity so far as that activity is a prohibited activity for the purposes of Part 3 of the Police Reform and Social Responsibility Act 2011 (see section 141(2) of that Act).".

(2) Any byelaw made under section 385 of the Greater London Authority Act 1999 before the date on which section 141 above comes into force ceases to have effect on that date so far as the byelaw makes provision prohibiting, as respects the controlled area of Parliament Square, a particular activity that is a prohibited activity for the purposes of this Part.

(3) Nothing in this Part restricts the making of any byelaw under section 235(1) of the Local Government Act 1972 (power of councils to make byelaws) for the purpose of prohibiting, as respects the controlled area of Parliament Square, a particular activity except so far as the activity is a prohibited activity for the purposes of this Part.

PART 4

MISCELLANEOUS

Seizure powers under byelaws

148 Enforcement of byelaws: powers of seizure etc

(1) After section 237 of the Local Government Act 1972 (offences against byelaws) insert-

"237ZA Section 235 byelaws: powers of seizure etc

A byelaw made under section 235 may include provision for or in connection with-

(a) the seizure and retention of any property in connection with any contravention of the byelaw, and

(b) the forfeiture of any such property on a person’s conviction of an offence of contravention of the byelaw.".

(2) In section 385 of the Greater London Authority Act 1999 (byelaws), in subsection (4)(b) for "a trading byelaw" substitute "any byelaw under this section".

PART 5

FINAL

152 Orders and regulations

(1) Any power of the Secretary of State under this Act to make an order or regulations is exercisable by statutory instrument.

(2) A statutory instrument containing any of the following orders or regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament-

(a) regulations under section 31 or 54(2) or paragraph 21(a) of Schedule 6;

(b) an order under section 58;

(d) an order under section 140(2).

(3) Any other statutory instrument containing an order or regulations under this Act, except an instrument containing only an order specified in subsection (4), is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) The orders referred to subsection (3) are those under section 54(1)(b), 55(1), 77 or 155.

(5) An order or regulations made by the Secretary of State under this Act may-

(a) include incidental, supplementary and consequential provision;

(b) make transitory or transitional provision or savings;

155 Commencement

(1) The provisions of this Act come into force on such day as the Secretary of State may by order appoint.

(2) Subsection (1) is subject to subsections (3) and (4).

(3) The following provisions come into force on the day on which this Act is passed-

(a) section 58 (power to make provision about elections);

(b) Part 3 (Parliament Square and surrounding area);

(d) section 151 (restrictions on issue of arrest warrants in private prosecutions);

(e) sections 152 to 156 (final).

(4) Section 148(1), so far as relating to byelaws made by local authorities in Wales, comes into force on such day as the Welsh Ministers may by order appoint.

(5) Section 152(1) and (5)(b) applies to an order of the Welsh Ministers under subsection (4) as it applies to an order of the Secretary of State under this Act.

New Clause

Provision of information to authorised officer

Section 26 of the London Local Authorities Act 2004 shall apply to an authorised officer of the Greater London Authority in respect of the exercise of the officer’s functions under this Part as it applies in relation to an authorised officer of Westminster City Council in respect of the exercise of those functions.

January 2011


©Parliamentary copyright	Prepared 19th January 2011

Primary navigation

Police Reform and Social Responsibility Bill

Footer links

Site search

Primary navigation

Police Reform and Social Responsibility Bill

Footer links