|
| |
|
Parental compensation orders |
| |
141 | Parental compensation orders |
| |
Schedule 11 is to have effect. |
| |
| |
| 5 |
Protection of activities of certain organisations |
| |
142 | Interference with contractual relationships so as to harm animal research |
| |
| |
(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). |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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). |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
(c) | a lessor or licensor of any premises occupied by an animal research |
| |
| |
(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 |
| |
| |
(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 |
| |
(i) | a person with a financial interest in someone within paragraph (c), (d), |
| |
| |
(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 |
| |
| 30 |
(a) | where the organisation or person is a body corporate, a director, |
| |
| |
(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 |
| |
| 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 |
| |
| |
|
| |
|
| |
|
(a) | an animal research organisation, or |
| |
(b) | any description of persons for the time being mentioned in that |
| |
| |
(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 |
| |
(b) | a scientific procedure establishment designated under section 6 of that |
| |
| |
(c) | a breeding or supplying establishment designated under section 7 of |
| |
| 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 |
| |
| |
(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. |
| |
| |
“the 1986 Act” means the Animals (Scientific Procedures) Act 1986 (c. 14); |
| |
“organisation” includes any institution, trust, undertaking or association |
| |
| 40 |
“premises” includes any place within the meaning of the 1986 Act; |
| |
“regulated procedures” has the meaning given by section 2 of the 1986 |
| |
| |
|
| |
|
| |
|
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 |
| |
| |
(b) | that, if those persons or organisations had been animal research |
| 10 |
organisations, those acts would have constituted offences under section |
| |
| |
(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 |
| |
| |
(a) | the name and address of the keeper are not recorded in the |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
(b) | that any exception prescribed in regulations under this section |
| |
| |
(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). |
| |
| |
“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 |
| |
(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— |
| |
| | Using an incorrectly registered |
| | 15 | | | | | |
|
148 | Power of constables to require production of registration documents in |
| |
| |
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 |
| |
| |
(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 |
| |
| 25 |
| |
(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 |
| |
(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 |
| |
| |
(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 |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(b) | prescribing, varying or revoking exceptions for the purposes of |
| 35 |
| |
(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 |
|
| |
|
| |
|
(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 |
| |
| |
(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) |
| |
| 20 |
(5) | Where this subsection applies, the constable may— |
| |
(a) | seize the vehicle in accordance with subsections (6) and (7) and |
| |
| |
(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 |
| |
| |
(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 |
| |
(a) | a reference to a motor vehicle does not include an invalid |
| |
| |
|
| |
|