§ Mr. Harry GreenwayI beg to move amendment No. 6, in page 4, line 33, leave out 'group of sections' and insert 'Act'.
§ Madam Deputy Speaker (Dame Janet Fookes)With this, it will be convenient to discuss the following amendments: No. 7, in clause 11, page 6, line 45, leave out subsection (1).
§ No. 8, in page 7, line 18, leave out 'Regulations, or'.
§ No. 9, in page 7, line 18, leave out 'this Act' and insert `section 9'.
§ No. 10, in page 7, line 20, leave out 'regulations or'.
§ No. 11, in clause 14, page 8, line 11, leave out `regulations or'.
§ No. 12, in page 8, line 14, leave out 'regulations or'.
§
No. 13, in page 8, line 28, leave out sub-paragraph (h)(iv) and (v) and insert—
`( ) in the Schedule, paragraph 1(b)(ii) and the word "and" immediately before it,
( ) in the Schedule, in paragraph 1(c), the words "or section 81(3) of the Environmental Protection Act 1990 (as so extended)"'.
§ No. 14, in schedule, page 9, line 5, leave out sub-paragraph (a)
§
No. 15, in page 9, line 13, leave out `so extended' and insert
`extended by section 10(7) of this Act'.
§
No. 16, in page 9, line 17, at end insert—
`conferred by section 10(2) of this Act or section 81(3) of the Environmental Protection Act 1990 (as so extended),
( ) "related equipment", in relation to any conviction of or proceedings for a noise offence, means seized equipment used or alleged to have been used in the commission of the offence,
( ) "responsible local authority", in relation to seized equipment, means the local authority by or on whose behalf the equipment was seized'.
§
No. 17, in page 9, line 21, leave out from 'if' to 'until' in line 22 and insert
`it is related equipment in proceedings for a noise offence instituted within that period against any person'.
§
No. 18, in page 9, line 29, leave out 'that noise' and insert
`the noise in respect of which the fixed penalty notice was given'.
§ No. 19, in page 9, line 32, leave out sub-paragraphs (3) to (5).
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§
No. 20, in page 9, line 42, leave out from 'person' to end of line 46 and insert
`is convicted of a noise offence'.
§ No. 21, in page 9, line 47, leave out 'that' and insert `any related'.
§
No. 22, in page 10, line 14, leave out from 'than' to `make' in line 15 and insert
`the person in whose case the forfeiture order was made'.
§
No. 23, in page 10, line 25, at end insert—
`( ) Where the responsible local authority is of the opinion that the person in whose case the forfeiture order was made is not the owner of the equipment, it must take reasonable steps to bring to the attention of persons who may be entitled to do so their right to make an application under sub-paragraph (1)'.
§
No. 24, in page 10, line 30, leave out sub-paragraphs (5) and (6) and insert—
'(6) If on the expiry of the period of six months beginning with the date on which a forfeiture order was made in respect of the equipment no order has been made under sub-paragraph (1), the responsible local authority may dispose of the equipment.
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- Return etc of seized equipment 1,482 words