Constitutional Reform and Governance Bill

House of Lords

Session 2009 - 10
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Constitutional Reform and Governance Bill

Constitutional Reform and Governance Bill
Schedule 8 — Conditions for removal of members of the House of Lords etc
Part 3 — Reversal of effect of section 54(2)
104

(d)
the debt relief restrictions undertaking is annulled under paragraph
9(3)(a) of Schedule 4ZB to the 1986 Act.
      (3)
The claim is made by notice to the Lord Chancellor who must give notice of
receipt to P.
      (4)
The Lord Chancellor must then—
5
(a)
decide if the claim is justified,
(b)
sign a certificate of the Lord Chancellor’s decision, and
(c)
send a copy of the certificate to P and the Clerk of the Parliaments.
      (5)
If the Lord Chancellor decides that the claim is justified, the effect of section
54(2) (including Part 2 of this Schedule as relevant) is reversed from the day
10
after the day on which the certificate is signed.
      (6)
P may not make a claim under this paragraph if P has disclaimed under
section 57 the peerage by virtue of which P was entitled to receive writs of
summons to attend the House of Lords.
8
In paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005 (c. 4)
15
after the entry relating to the Tribunals, Courts and Enforcement Act 2007
insert—
“Constitutional Reform and Governance Act 2010

Paragraph 7 of Schedule 8”.
Convictions outside the United Kingdom
20
9     (1)
This paragraph applies if—
(a)
the relevant event is the meeting of condition 1, and
(b)
it is met by virtue of a sentence or order given or made outside the
United Kingdom.
      (2)
The effect of section 54(2) (including Part 2 of this Schedule as relevant) is
25
reversed if the House of Lords resolves that, for the purposes of this
paragraph, P is to be treated as not having been the subject of the sentence
or order.
      (3)
The reversal has effect from the day after the day on which the resolution is
passed.
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      (4)
A resolution may not be passed if P has disclaimed under section 57 the
peerage by virtue of which P was entitled to receive writs of summons to
attend the House of Lords.

Constitutional Reform and Governance Bill
Schedule 9 — Amendment to Part 2 of the Public Order Act 1986 etc
105

Schedule 9
Section 61

Amendment to Part 2 of the Public Order Act 1986 etc
Public Order Act 1986 (c. 64)
1
After section 14 insert—
“14ZA
Access to and from the Palace of Westminster
5
(1)
This section applies in relation to—
(a)
a public procession which is being held (or is intended to be
held) where the route (or the proposed route) is wholly or
partly within the area around Parliament (see section 14ZB),
or
10
(b)
a public assembly which is being held, or is intended to be
held, wholly or partly within that area.
(2)
The senior police officer may give directions imposing on the
persons organising or taking part in the procession or assembly such
conditions as, in the officer’s reasonable opinion, are necessary for
15
ensuring that the specified requirements (see subsection (3)) are met.
(3)
For the purposes of subsection (2) the Secretary of State may by order
made by statutory instrument specify requirements that must be met
in relation to the maintaining of access to and from the Palace of
Westminster.
20
(4)
They may include (for example) requirements specifying entrances
at or by the Palace of Westminster or Portcullis House—
(a)
which must be kept open, and
(b)
to and from which there must be access routes for pedestrians
and vehicles through the area around Parliament.
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(5)
An order under this section may confer discretions on the senior
police officer.
(6)
A statutory instrument containing an order under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.
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(7)
In relation to a public procession, the conditions that may be
imposed under this section include conditions as to the route of the
procession or prohibiting it from entering any public place specified
in the directions.
(8)
In relation to a public assembly, the conditions that may be imposed
35
under this section are limited to conditions as to the place at which
the assembly may be (or continue to be) held, its maximum duration
and the maximum number of persons who may constitute it.
(9)
“The senior police officer” is to be construed in accordance with
section 12(2) or 14(2) (as the case may be); and directions are to be
40
given in accordance with section 12(3) or 14(3) if applicable.
(10)
Subsections (4) to (10) of section 12 or subsections (4) to (10) of section
14 (as the case may be) apply in relation to conditions imposed under

Constitutional Reform and Governance Bill
Schedule 9 — Amendment to Part 2 of the Public Order Act 1986 etc
106

this section as they apply in relation to conditions imposed under
that section.
(11)
Nothing in this section limits what can be done under section 12(1)
or 14(1).
14ZB
The area around Parliament
5
(1)
For the purposes of section 14ZA “the area around Parliament”
means the area specified as such by the Secretary of State by order
made by statutory instrument.
(2)
The area may be specified by description, by reference to a map or in
any other way.
10
(3)
No point in the area specified may be more than 300 metres in a
straight line from the nearest relevant entrance.
(4)
Each of the following is a relevant entrance for the purposes of
subsection (3)—
(a)
Carriage Gates;
15
(b)
St Stephen’s Entrance;
(c)
Peers’ Entrance;
(d)
Black Rod’s Garden Entrance;
(e)
the main entrance to Portcullis House (on Victoria
Embankment).
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(5)
A statutory instrument containing an order under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.
14ZC
Special provision if a House meeting outside Palace of Westminster
(1)
The Secretary of State may by order made by statutory instrument
25
specify, for the purposes of this section—
(a)
a building situated outside the Palace of Westminster, and
(b)
an area, no point in which is more than 300 metres in a
straight line from the point nearest to it on the specified
building.
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(2)
The area may be specified by description, by reference to a map or in
any other way.
(3)
The following subsections apply in relation to—
(a)
a public procession which is being held (or is intended to be
held) where the route (or the proposed route) is wholly or
35
partly within the specified area, or
(b)
a public assembly which is being held, or is intended to be
held, wholly or partly within the specified area.
(4)
The senior police officer may give directions imposing on the
persons organising or taking part in the procession or assembly such
40
conditions as, in the officer’s reasonable opinion, are necessary for
ensuring that the specified requirements (see subsection (5)) are met.
(5)
For the purposes of subsection (4) the Secretary of State may by order
made by statutory instrument specify requirements that must be met
in relation to the maintaining of access to and from the specified
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Constitutional Reform and Governance Bill
Schedule 9 — Amendment to Part 2 of the Public Order Act 1986 etc
107

building during any week in which the specified building is, or is
planned to be, used by a House of Parliament for the purpose of
holding meetings of the House or of any of its committees (including
joint committees).
(6)
“Week” means any period of 7 days starting with a Sunday.
5
(7)
The requirements may include (for example) requirements
specifying entrances at or by the specified building—
(a)
which must be kept open, and
(b)
to and from which there must be access routes for pedestrians
and vehicles through the specified area.
10
(8)
An order under subsection (5) may confer discretions on the senior
police officer.
(9)
A statutory instrument containing an order under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.
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(10)
Subsections (7) to (11) of section 14ZA apply for the purposes of this
section as they apply for the purposes of that section.”
Noise and Statutory Nuisance Act 1993 (c. 40)
2
In paragraph 1(1) of Schedule 2 (which is about consents for the operation of
loudspeakers) omit “or of section 137(1) of the Serious Organised Crime and
20
Police Act 2005”.
Serious Organised Crime and Police Act 2005 (c. 15)
3
In the Table in section 175(3) (transitional provision relating to offences)
omit the entries relating to section 136.
Serious Crime Act 2007 (c. 27)
25
4
Omit paragraph 64 of Schedule 6.
Transitional provision
5     (1)
The public assemblies in relation to which section 14 of the Public Order Act
1986 (c. 64) applies by virtue of the repeal of section 132(6) of the Serious
Organised Crime and Police Act 2005 by section 61(1) of this Act include (in
30
particular) public assemblies which started, or were being organised, before
section 61(1) comes into force.
      (2)
The public processions and assemblies in relation to which sections 14ZA to
14ZC of the Public Order Act 1986 apply include (in particular) public
processions and assemblies which started, or were being organised, before
35
paragraph 1 of this Schedule comes into force.
      (3)
In this paragraph references to public processions and assemblies include
references to processions and assemblies which are intended to be held.