HC Deb 22 May 2000 vol 350 cc807-22

Amendment proposed [17 May]: No. 6, in page 2, line 4, to leave out clauses 4 and 5—[Mr. Maclean.]

12.8 am

Question again proposed, That the amendment be made.

Mr. Deputy Speaker (Mr. Michael Lord)

I remind the House that with this we are discussing the following: Amendment No. 28, in page 2, line 13, at end insert— '(4) Where a park constable exercises his powers under subsection (1) above he shall—

  1. (a) ensure that he provides facilities for the safe removal from the park of any perishable material by the person having possession or control;
  2. (b) give to the person having possession or control a document, in an appropriate language, setting out the reasons for the seizure, itemising the things seized and informing the person of his rights and liabilities under section 5; and
  3. (c) not remove any article until he has performed an assessment under the Control of Substances Hazardous to Health Regulations that the removal of the thing or things would not create a hazard for his or others' health and safety.
(5) The document referred to in subsection (4)(b) above shall comply with the model in Schedule (Document relating to seizure of property).'. Amendment No. 22, in page 2, line 20, after "at", insert "or before".

Amendment No. 23, in page 2, line 26, at end insert— '(3A) Proceedings arising from subsections (1) to (3) (including appeals) shall be concluded within a period of three months, after which the charges shall be withdrawn, or appeal deemed to have succeeded.'. Amendment No. 24, in page 2, line 30, leave out from first "of' to second "of" and insert— '60 days beginning with the date of the initiation'. Amendment No. 25, in page 2, line 35, at end insert— '(5A) If the Secretary of State has retained a thing under subsection (3)(b) for the period of 60 days from the initiation of proceedings relating to the offence (including any appeal), he shall return it to the person from whom it was seized.'. Amendment No. 7, in clause 6, page 3, line 2, leave out from "anything" to end of line 8 and insert— 'which the court believes to have been used in commission of the offence to be forfeited and dealt with in a manner specified in the order.'. New schedule 2—`SCHEDULE—

  1. Document Relating to Seizure of Property 7,095 words, 1 division