House of Lords portcullis
House of Lords
Session 2004 - 05
Internet Publications
Other Bills before Parliament

Serious Organised Crime and Police Bill


Serious Organised Crime and Police Bill
Part 5 — Miscellaneous

103

 

Parental compensation orders

141     

Parental compensation orders

Schedule 11 is to have effect.

Part 5

Miscellaneous

5

Protection of activities of certain organisations

142     

Interference with contractual relationships so as to harm animal research

organisation

(1)   

A person (A) commits an offence if, with the intention of harming an animal

research organisation, he—

10

(a)   

does a relevant act, or

(b)   

threatens that he or somebody else will do a relevant act,

   

in circumstances in which that act or threat is intended or likely to cause a

second person (B) to take any of the steps in subsection (2).

(2)   

The steps are—

15

(a)   

not to perform any contractual obligation owed by B to a third person

(C) (whether or not such non-performance amounts to a breach of

contract);

(b)   

to terminate any contract B has with C;

(c)   

not to enter into a contract with C.

20

(3)   

For the purposes of this section, a “relevant act” is—

(a)   

an act amounting to a criminal offence, or

(b)   

a tortious act causing B to suffer loss or damage of any description.

(4)   

For the purposes of this section, “contract” includes any other arrangement

(and “contractual” is to be read accordingly).

25

(5)   

For the purposes of this section, to “harm” an animal research organisation

means—

(a)   

to cause the organisation to suffer loss or damage of any description, or

(b)   

to prevent or hinder the carrying out by the organisation of any of its

activities.

30

(6)   

This section does not apply to any act done wholly or mainly in contemplation

or furtherance of a trade dispute.

(7)   

In subsection (6) “trade dispute” has the same meaning as in Part 4 of the Trade

Union and Labour Relations (Consolidation) Act 1992 (c. 52), except that

section 218 of that Act shall be read as if—

35

(a)   

it made provision corresponding to section 244(4) of that Act, and

(b)   

in subsection (5), the definition of “worker” included any person falling

within paragraph (b) of the definition of “worker” in section 244(5).

 
 

Serious Organised Crime and Police Bill
Part 5 — Miscellaneous

104

 

143     

Intimidation of persons connected with animal research organisation

(1)   

A person (A) commits an offence if, with the intention of causing a second

person (B) to abstain from doing something which B is entitled to do (or to do

something which B is entitled to abstain from doing)—

(a)   

A threatens B that A or somebody else will do a relevant act, and

5

(b)   

A does so wholly or mainly because B is a person falling within

subsection (2).

(2)   

A person falls within this subsection if he is—

(a)   

an employee or officer of an animal research organisation;

(b)   

a student at an educational establishment that is an animal research

10

organisation;

(c)   

a lessor or licensor of any premises occupied by an animal research

organisation;

(d)   

a person with a financial interest in an animal research organisation;

(e)   

a customer or supplier of an animal research organisation;

15

(f)   

a person who is contemplating becoming someone within paragraph

(c), (d) or (e);

(g)   

a person who is, or is contemplating becoming, a customer or supplier

of someone within paragraph (c), (d), (e) or (f);

(h)   

an employee or officer of someone within paragraph (c), (d), (e), (f) or

20

(g);

(i)   

a person with a financial interest in someone within paragraph (c), (d),

(e), (f) or (g);

(j)   

a spouse, civil partner, friend or relative of, or a person who is known

personally to, someone within any of paragraphs (a) to (i);

25

(k)   

a person who is, or is contemplating becoming, a customer or supplier

of someone within paragraph (a), (b), (h), (i) or (j); or

(l)   

an employer of someone within paragraph (j).

(3)   

For the purposes of this section, an “officer” of an animal research organisation

or a person includes—

30

(a)   

where the organisation or person is a body corporate, a director,

manager or secretary;

(b)   

where the organisation or person is a charity, a charity trustee (within

the meaning of the Charities Act 1993 (c. 10));

(c)   

where the organisation or person is a partnership, a partner.

35

(4)   

For the purposes of this section—

(a)   

a person is a customer or supplier of another person if he purchases

goods, services or facilities from, or (as the case may be) supplies goods,

services or facilities to, that other; and

(b)   

“supplier” includes a person who supplies services in pursuance of any

40

enactment that requires or authorises such services to be provided.

(5)   

For the purposes of this section, a “relevant act” is—

(a)   

an act amounting to a criminal offence, or

(b)   

a tortious act causing B or another person to suffer loss or damage of

any description.

45

(6)   

The Secretary of State may by order amend this section so as to include within

subsection (2) any description of persons framed by reference to their

connection with—

 
 

Serious Organised Crime and Police Bill
Part 5 — Miscellaneous

105

 

(a)   

an animal research organisation, or

(b)   

any description of persons for the time being mentioned in that

subsection.

(7)   

This section does not apply to any act done wholly or mainly in contemplation

or furtherance of a trade dispute.

5

(8)   

In subsection (7) “trade dispute” has the meaning given by section 142(7).

144     

Penalty for offences under sections 142 and 143

(1)   

A person guilty of an offence under section 142 or 143 is liable—

(a)   

on summary conviction, to imprisonment for a term not exceeding 12

months or to a fine not exceeding the statutory maximum, or to both;

10

(b)   

on conviction on indictment, to imprisonment for a term not exceeding

five years or to a fine, or to both.

(2)   

No proceedings for an offence under either of those sections may be instituted

except by or with the consent of the Director of Public Prosecutions.

145     

Animal research organisations

15

(1)   

For the purposes of sections 142 and 143 “animal research organisation” means

any person or organisation falling within subsection (2) or (3).

(2)   

A person or organisation falls within this subsection if he or it is the owner,

lessee or licensee of premises constituting or including—

(a)   

a place specified in a licence granted under section 4 or 5 of the 1986

20

Act,

(b)   

a scientific procedure establishment designated under section 6 of that

Act, or

(c)   

a breeding or supplying establishment designated under section 7 of

that Act.

25

(3)   

A person or organisation falls within this subsection if he or it employs, or

engages under a contract for services, any of the following in his capacity as

such—

(a)   

the holder of a personal licence granted under section 4 of the 1986 Act,

(b)   

the holder of a project licence granted under section 5 of that Act,

30

(c)   

a person specified under section 6(5) of that Act, or

(d)   

a person specified under section 7(5) of that Act.

(4)   

The Secretary of State may by order amend this section so as to include a

reference to any description of persons whom he considers to be involved in,

or to have a direct connection with persons who are involved in, the

35

application of regulated procedures.

(5)   

In this section—

“the 1986 Act” means the Animals (Scientific Procedures) Act 1986 (c. 14);

“organisation” includes any institution, trust, undertaking or association

of persons;

40

“premises” includes any place within the meaning of the 1986 Act;

“regulated procedures” has the meaning given by section 2 of the 1986

Act.

 
 

Serious Organised Crime and Police Bill
Part 5 — Miscellaneous

106

 

146     

Extension of sections 142 to 144

(1)   

The Secretary of State may by order provide for sections 142, 143 and 144 to

apply in relation to persons or organisations of a description specified in the

order as they apply in relation to animal research organisations.

(2)   

The Secretary of State may, however, only make an order under this section if

5

satisfied that a series of acts has taken place and—

(a)   

that those acts were directed at persons or organisations of the

description specified in the order or at persons having a connection

with them, and

(b)   

that, if those persons or organisations had been animal research

10

organisations, those acts would have constituted offences under section

142 or 143.

(3)   

In this section “organisation” and “animal research organisation” have the

meanings given by section 145.

Vehicle registration and road traffic offences

15

147     

Offence in respect of incorrectly registered vehicles

(1)   

After section 43B of the Vehicle Excise and Registration Act 1994 (c. 22) insert—

“Offence in respect of incorrectly registered vehicles

43C     

Offence of using an incorrectly registered vehicle

(1)   

A person is guilty of an offence if, on a public road or in a public place,

20

he uses a vehicle to which subsection (2) applies and in respect of

which—

(a)   

the name and address of the keeper are not recorded in the

register, or

(b)   

any of the particulars recorded in the register are incorrect.

25

(2)   

This subsection applies to a vehicle if—

(a)   

vehicle excise duty is chargeable in respect of it, or

(b)   

it is an exempt vehicle in respect of which regulations under this

Act require a nil licence to be in force.

(3)   

It is a defence for a person charged with an offence under subsection (1)

30

to show (as the case may be)—

(a)   

that there was no reasonable opportunity, before the material

time, to furnish the name and address of the keeper of the

vehicle, or

(b)   

that there was no reasonable opportunity, before the material

35

time, to furnish particulars correcting the incorrect particulars.

(4)   

It is also a defence for a person charged with an offence under

subsection (1) to show—

(a)   

that he had reasonable grounds for believing, or that it was

reasonable for him to expect, that the name and address of the

40

keeper or the other particulars of registration (as the case may

be) were correctly recorded in the register, or

 
 

Serious Organised Crime and Police Bill
Part 5 — Miscellaneous

107

 

(b)   

that any exception prescribed in regulations under this section

is met.

(5)   

A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

(6)   

The Secretary of State may make regulations prescribing, varying or

5

revoking exceptions for the purposes of subsection (4)(b).

(7)   

In this section—

“keeper”, in relation to a vehicle, means the person by whom it is

kept at the material time;

“the register” means the register kept by the Secretary of State

10

under Part 2.”

(2)   

In Schedule 3 to the Road Traffic Offenders Act 1988 (c. 53) (fixed penalty

offences) after the entry relating to section 43 of the Vehicle Excise and

Registration Act 1994 insert—

 

“Section 43C of that Act

Using an incorrectly registered

 

15

  

vehicle.”

 

148     

Power of constables to require production of registration documents in

respect of a vehicle

After section 28 of the Vehicle Excise and Registration Act 1994 (c. 22) insert—

“Power of constables etc. to require production of documents

20

28A     

Power of constables etc. to require production of registration

documents

(1)   

A person using a vehicle in respect of which a registration document

has been issued must produce the document for inspection on being so

required by—

25

(a)   

a constable, or

(b)   

a person authorised by the Secretary of State for the purposes of

this section (an “authorised person”).

(2)   

An authorised person exercising the power conferred by subsection (1)

must, if so requested, produce evidence of his authority to exercise the

30

power.

(3)   

A person is guilty of an offence if he fails to comply with subsection (1).

(4)   

Subsection (3) does not apply if any of the following conditions is

satisfied.

(5)   

The first condition is that—

35

(a)   

the person produces the registration document, in person, at a

police station specified by him at the time of the request, and

(b)   

he does so within 7 days after the date on which the request was

made or as soon as is reasonably practicable.

(6)   

The second condition is that—

40

 
 

Serious Organised Crime and Police Bill
Part 5 — Miscellaneous

108

 

(a)   

the vehicle is subject to a lease or hire agreement,

(b)   

the vehicle is not registered in the name of the lessee or hirer

under that agreement and is not required to be so registered,

(c)   

the person produces appropriate evidence of the agreement to

the constable or authorised person at the time of the request or

5

he produces such evidence in person, at a police station

specified by him at the time of the request—

(i)   

within 7 days after the date of the request, or

(ii)   

as soon as is reasonably practicable, and

(d)   

the person has reasonable grounds for believing, or it is

10

reasonable for him to expect, that the person from whom the

vehicle has been leased or hired is able to produce, or require

the production of, the registration document.

(7)   

In subsection (6)(c) “appropriate evidence” means—

(a)   

a copy of the agreement, or

15

(b)   

such other documentary evidence of the agreement as is

prescribed in regulations under this section.

(8)   

The third condition is that any exception prescribed in regulations

under this section is met.

(9)   

Where a requirement is imposed under subsection (1) by an authorised

20

person, a testing station provided under section 52(2) of the Road

Traffic Act 1988 may be specified under subsection (5)(a) or (6)(c)

instead of a police station.

(10)   

A person accused of an offence under this section is not entitled to the

benefit of an exception conferred by or under this section unless

25

evidence is adduced that is sufficient to raise an issue with respect to

that exception, but where evidence is so adduced it is for the

prosecution to prove beyond reasonable doubt that the exception does

not apply.

(11)   

A person guilty of an offence under this section is liable on summary

30

conviction to a fine not exceeding level 2 on the standard scale.

(12)   

The Secretary of State may make regulations—

(a)   

prescribing descriptions of evidence for the purposes of

subsection (7);

(b)   

prescribing, varying or revoking exceptions for the purposes of

35

subsection (8).

(13)   

In this section “registration document” mean a registration document

issued in accordance with regulations under section 22(1)(e).”

149     

Power to seize etc. vehicles driven without licence or insurance

After section 165 of the Road Traffic Act 1988 (c. 52) insert—

40

“165A   

Power to seize vehicles driven without licence or insurance

(1)   

Subsection (5) applies if any of the following conditions is satisfied.

(2)   

The first condition is that—

(a)   

a constable in uniform requires, under section 164, a person to

produce his licence and its counterpart for examination,

45

 
 

Serious Organised Crime and Police Bill
Part 5 — Miscellaneous

109

 

(b)   

the person fails to produce them, and

(c)   

the constable has reasonable grounds for believing that a motor

vehicle is or was being driven by the person in contravention of

section 87(1).

(3)   

The second condition is that—

5

(a)   

a constable in uniform requires, under section 165, a person to

produce evidence that a motor vehicle is not or was not being

driven in contravention of section 143,

(b)   

the person fails to produce such evidence, and

(c)   

the constable has reasonable grounds for believing that the

10

vehicle is or was being so driven.

(4)   

The third condition is that—

(a)   

a constable in uniform requires, under section 163, a person

driving a motor vehicle to stop the vehicle,

(b)   

the person fails to stop the vehicle, or to stop the vehicle long

15

enough, for the constable to make such lawful enquiries as he

considers appropriate, and

(c)   

the constable has reasonable grounds for believing that the

vehicle is or was being driven in contravention of section 87(1)

or 143.

20

(5)   

Where this subsection applies, the constable may—

(a)   

seize the vehicle in accordance with subsections (6) and (7) and

remove it;

(b)   

enter, for the purpose of exercising a power falling within

paragraph (a), any premises (other than a private dwelling

25

house) on which he has reasonable grounds for believing the

vehicle to be;

(c)   

use reasonable force, if necessary, in the exercise of any power

conferred by paragraph (a) or (b).

(6)   

Before seizing the motor vehicle, the constable must warn the person by

30

whom it appears that the vehicle is or was being driven in

contravention of section 87(1) or 143 that he will seize it—

(a)   

in a section 87(1) case, if the person does not produce his licence

and its counterpart immediately;

(b)   

in a section 143 case, if the person does not provide him

35

immediately with evidence that the vehicle is not or was not

being driven in contravention of that section.

   

But the constable is not required to give such a warning if the

circumstances make it impracticable for him to do so.

(7)   

If the constable is unable to seize the vehicle immediately because the

40

person driving the vehicle has failed to stop as requested or has driven

off, he may seize it at any time within the period of 24 hours beginning

with the time at which the condition in question is first satisfied.

(8)   

The powers conferred on a constable by this section are exercisable only

at a time when regulations under section 165B are in force.

45

(9)   

In this section—

(a)   

a reference to a motor vehicle does not include an invalid

carriage;

 
 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2005
Revised 9 February 2005