New clause 4 - Anti-social behaviour declarations: civil proceedings

Housing Benefit (Withholding of Payment) Bill – in a Public Bill Committee at 4:30 pm on 11 July 2002.

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'(1) This section applies where—

(a) in England and Wales, the High Court, a county court or a magistrates' court, or

(b) in Scotland, the Court of Session or the sheriff,

makes a prescribed order in any civil proceedings, other than prescribed proceedings.

(2) Any prescribed party to the proceedings may apply to the court for a declaration that any other prescribed party has behaved in an anti-social manner by reason of any or all of the conduct in respect of which the order is made.

(3) If the court is satisfied on an application under subsection (2) that the person concerned has so behaved it must make a declaration accordingly.

(4) A declaration under this section must specify the day on which the conduct in respect of which it is made occurred or, if that conduct occurred on more than one day, the earliest and latest days on which it occurred.

(5) Subsection (5) of section (anti-social behaviour declarations: criminal proceedings) applies for the purposes of this section as it applies for the purposes of that section.'.—[Mr. Wicks.]

Brought up, read the First and Second time, and added to the Bill.

Photo of Frank Field Frank Field Labour, Birkenhead

On a point of order, Mr. O'Hara. What is happening to amendments (a), (b) and (c) to new clause 4?

Photo of Edward O'Hara Edward O'Hara Labour, Knowsley South

They were amendments to new clause 3, and no one spoke to them. They were grouped with an earlier new clause.

Photo of Frank Field Frank Field Labour, Birkenhead

Amendments (a), (b) and (c) relate to new clause 4, to which we have just agreed.

Photo of Edward O'Hara Edward O'Hara Labour, Knowsley South

Yes. We have gone beyond them.