HC Deb 21 October 1982 vol 29 cc616-8

COMMENCEMENT

Lords amendment: No. 177, in page 53, line 38, leave out "This Act, except this section," and insert— (1) The following provisions of this Act shall come into force on the day this Act is passed, namely— section [Restriction of liberty of children in care]; section 28; section 29; section [Her Majesty's Chief Inspectors of Prisons]; section 55; section [Construction of references to "the standard scale"]: section 56; section 57, so far as it relates to paragraph 17 of Schedule 13; section 58, so far as it relates to the Imprisonment (Temporary Provisions) Act 1980; section 59, so far as it relates to paragraph 14 of Schedule 16; this section; and section 61. (2) Subject to subsection (1) above, this Act

Read a Second time.

Mr. Mayhew

I beg to move, as an amendment to the Lords amendment, to leave out

'section [Restriction of liberty of children in care]' .

The effect of amendment No. 177 is to bring certain provisions in the Bill into force on Royal Assent. We felt it appropriate to propose bringing into force on Royal Assent those provisions which are simply enabling powers. The reason for the amendment to delete the reference to the new clause dealing with the restriction of liberty of children in care is that when the relevant new clause was introduced in another place it was an enabling provision. As a result of subsequent amendments made to it, it is no longer simply that.

Amendment to the Lords amendment agreed to.

Lords amendment, as amended, agreed to.

Lords amendments Nos. 178 to 182 agreed to.

Schedule 3
MAXIMUM FINES TO BE INCREASED BY MORE THAN THE GENERAL INCREASE
Lords amendment: No. 183, in page 59, line 13, at end insert—
"Offences under section 45 (plying for hire without a licence). Section 45 … … … … … … £ … … … … … … … … £500."

11. 15 pm

Mr. Mayhew

I beg to move, That this House doth agree with the Lords in the said amendment.

Mr. Deputy Speaker

With this we are taking Lords amendments Nos. 184, 186, 188 and 193 to 197.

"HOUSING ACT 1980 (c. 51)Offence under paragraph 7 of Schedule 24 (using or permitting the use of premises without means of escape in case of fire in contravention of an undertaking). Section 147 and Schedule 24 … … £50 and £35 per day following conviction. £1;000".
Read a Second time.
Mr. Deputy Speaker

With this we are to take the Minister of State's amendment to the Lords amendment.

Mr. Mayhew

I beg to move, as an amendment to the Lords amendment, to leave out and £5 per day following conviction'.

Amendment No. 203 provides for a special increase in the offence under the Housing Act 1980 of using or permitting the use of premises without means of escape in case of fire, in contravention of an undertaking. It is one of a number of similar amendments to the schedule moved by Baroness Gardner and accepted by the Government. The amendment that I propose merely brings the drafting of the amendment into line with that for the other provisions in the schedule.

Amendment to the Lords amendment agreed to.

Lords amendment, as amended, agreed to.

Lords amendment No. 204 agreed to.

"PROTECTION OF ANIMALS (SCOTLAND) ACT 1912 (c.14)Section 7 (selling poisoned grain or placing on any land any matter rendered poisonous). For "ten pounds" substitute "level 4 on the standard scale". £ 25 … … … … … … … £500."
The Solicitor-General for Scotland

I beg to move, That this House doth agree with the Lords in the said amendment.

The amendment, which was moved in another place by Lord Melchett, with the agreement of the Government, increases the penalty for offences relating to the sale of poisoned grain under section 7 of the Protection of

"PUBLIC HEALTH (SCOTLAND) ACT1945 (c.15)Section 1(5) (contravention of regulations as to treatment and spread of certain diseases). For "one hundred pounds" sub-stitute "level 5 on the standard scale" £ 100 and £ 50 per day during which the offence continues. £1,000 and £ 50 per day during which the offence continues."
Mr. Mayhew

Amendment No. 183 and other amendments to schedule 3 in the group all provide for special increases in penalties.

Question put and agreed to.

Lords amendments Nos. 184 to 202, agreed to.

Lords amendment: No. 203, in page 62, line 29, at end insert—

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