Statement by the Maltese EU Presidency in response to the presentations by Ms. Z. Busic, Ambassador S. Miculescu, and by Ambassador H. Berk
After section 10 of the Proceeds of Crime Act 2002 insert—
In section 16 of the Proceeds of Crime Act 2002 (statement of information), after subsection (6) insert—
In section 18 of that Act (provision of information by defendant)—
in subsection (2), after “functions” insert “ (including functions under section 10A) ”;
in subsection (6)(b), for “deciding the available amount under section 9,” substitutedeciding— .
After that section insert—
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In section 31 of the Proceeds of Crime Act 2002 (appeal to Court of Appeal), after subsection (3) insert—
In section 32 of that Act (court’s powers on appeal), after subsection (2) insert—
In section 33 of that Act (appeal to Supreme Court)—
for subsection (2) substitute—;
after subsection (3) insert—
In section 51 of the Proceeds of Crime Act 2002 (powers of receivers etc), after subsection (8A) insert—
For section 11 of the Proceeds of Crime Act 2002 substitute—
In section 12 of that Act (interest on unpaid sums), for subsection (3) substitute—
In section 87 of that Act (interpretation: confiscation orders), after subsection (1) insert—
Section 13 of the Proceeds of Crime Act 2002 (effect of order on court's other powers) is amended as follows.
In subsection (3), in paragraph (a), for the words from “an order under section 130” to the end substitute “ a priority order ”.
After subsection (3) insert—
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After section 13 of the Proceeds of Crime Act 2002 insert—
In section 23 of the Proceeds of Crime Act 2002 (inadequacy of available amount: variation of confiscation order), in subsection (1)(b), after “the defendant” insert “ or the prosecutor ”.
After section 25 of that Act insert—
Section 25A of that Act (inserted by subsection (2) above) applies to— as it applies to a confiscation order made under the Proceeds of Crime Act 2002.
a confiscation order made under Part 6 of the Criminal Justice Act 1988, or
a confiscation order made under the Drug Trafficking Offences Act 1986,
a confiscation order made under the Drug Trafficking Act 1994,
In section 27 of the Proceeds of Crime Act 2002 (absconding defendant convicted or committed), for subsection (2) substitute—
For subsections (6) and (7) of that section substitute—
In section 28 of that Act (absconding defendant neither convicted nor acquitted), in subsection (2)(c), for “two years” substitute “ three months ”.
For subsection (6) of that section substitute—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 459(6)(a) of that Act (orders subject to affirmative resolution procedure), after “section” insert “ 35(2C), ”.
In section 258 of the Criminal Justice Act 2003 (early release of fine defaulters etc), after subsection (2A) insert—
In section 330(5) of that Act (orders subject to affirmative resolution procedure), at the appropriate place in the list of provisions in paragraph (a) insert “ section 258(2C), ”.
In section 40 of the Proceeds of Crime Act 2002 (conditions for exercise of powers), in subsection (2)(b), for “is reasonable cause to believe” substitute “ are reasonable grounds to suspect ”.
In section 41 of that Act (restraint orders), after subsection (7) insert—
In section 42 of the Proceeds of Crime Act 2002 (application, discharge and variation of restraint orders), after subsection (6) insert—
In section 47B of the Proceeds of Crime Act 2002 (conditions for exercise of powers), in subsection (2)(d), for “is reasonable cause to believe” substitute “ are reasonable grounds to suspect ”.
In section 47G of that Act (“appropriate approval”), before paragraph (b) of subsection (3) insert—.
In section 67 of the Proceeds of Crime Act 2002 (seized money), for subsections (4) and (5) substitute—
After subsection (5) of that section insert—
After subsection (7) of that section insert—
In section 67A of that Act (seized personal property), for subsections (2) and (3) substitute—
In section 459(6)(a) of that Act (orders subject to affirmative resolution procedure), before “75(7) or (8)” insert “ 67(7A), ”.
In section 97 of the Proceeds of Crime Act 2002 (effect of order on court's other powers), in subsection (3)(a), at the end insert “ , a restitution order or a victim surcharge under section 253F(2) of the Procedure Act ”.
After that section insert—
After section 97A of the Proceeds of Crime Act 2002 (inserted by section 15(2) above) insert—
The Criminal Procedure (Scotland) Act 1995 is amended as follows.
In section 108 (Lord Advocate's right of appeal in solemn proceedings)—
in subsection (1), after paragraph (cc) insert—;
in subsection (2)(b)—
in sub-paragraph (ii), for “or (cc)” substitute “ , (cc) or (cd) ”;
in sub-paragraph (iii), after “paragraph” insert “ (cd) or ”.
In section 175 (right of appeal in summary proceedings)—
in subsection (4), after paragraph (cc) insert—;
in subsection (4A)(b)—
in sub-paragraph (ii), for “or (cc)” substitute “ , (cc) or (cd) ”;
in sub-paragraph (iii), after “paragraph” insert “ (cd) or ”.
In section 111 of the Proceeds of Crime Act 2002 (conviction or other disposal of accused), in subsection (1), for “after” substitute “ and, either before or after he became unlawfully at large ”.
For subsection (4) of that section substitute—
In section 112 of that Act (accused neither convicted nor acquitted), in subsection (1)(c), for “two years” substitute “ three months ”.
For subsection (4) of that section substitute—
In section 118 of the Proceeds of Crime Act 2002 (application of provisions about fine enforcement in relation to confiscation orders)—
in subsection (2)(h), for “, except” substitute “ (other than subsection (3) and as if the words “Subject to subsection (3) below,” were omitted); but that section does not apply ”;
after subsection (2) insert—
In section 459 of that Act (orders and regulations)—
after subsection (3) insert—;
in subsection (5)(a), after “section” insert “ 118(2B), ”;
in subsection (6)(b), after “section” insert “ 118(2B), ”.
In section 219 of the Criminal Procedure (Scotland) Act 1995 (fines: periods of imprisonment for non-payment), in subsection (8)(b), after “section 118(2)” insert “ , (2A) and (2B) ”.
In section 119 of the Proceeds of Crime Act 2002 (conditions for exercise of powers), in subsection (2)(b), for “is reasonable cause to believe” substitute “ are reasonable grounds to suspect ”.
In section 120 of that Act (restraint orders etc), after subsection (6) insert—
In section 121 of the Proceeds of Crime Act 2002 (application, recall and variation), after subsection (8) insert—
In section 127B of the Proceeds of Crime Act 2002 (conditions for exercise of powers), in subsection (2)(d), for “is reasonable cause to believe” substitute “ are reasonable grounds to suspect ”.
In section 127G of that Act (“appropriate approval”), before paragraph (b) of subsection (3) insert—.
The Proceeds of Crime Act 2002 is amended as follows.
After section 255F insert—
After section 282C insert—
After section 160 of the Proceeds of Crime Act 2002 insert—
In section 166 of the Proceeds of Crime Act 2002 (statement of information), after subsection (6) insert—
In section 168 of that Act (provision of information by defendant)—
in subsection (2), after “functions” insert “ (including functions under section 160A) ”;
in subsection (6)(b), for “deciding the available amount under section 159,” substitutedeciding— .
After that section insert—
In section 181 of the Proceeds of Crime Act 2002 (appeal to Court of Appeal), after subsection (3) insert—
In section 182 of that Act (court's powers on appeal), after subsection (2) insert—
In section 183 of that Act (appeal to Supreme Court)—
for subsection (2) substitute—;
after subsection (3) insert—
In section 199 of the Proceeds of Crime Act 2002 (powers of receivers etc), after subsection (8A) insert—
For section 161 of the Proceeds of Crime Act 2002 substitute—
In section 162 of that Act (interest on unpaid sums), for subsection (3) substitute—
In section 235 of that Act (interpretation: confiscation orders), after subsection (1) insert—
After section 163 of the Proceeds of Crime Act 2002 insert—
In section 173 of the Proceeds of Crime Act 2002 (inadequacy of available amount: variation of confiscation order), in subsection (1)(b), after “the defendant” insert “ or the prosecutor ”.
After section 175 of that Act insert—
Section 175A of that Act (inserted by subsection (2) above) applies to— as it applies to a confiscation order made under the Proceeds of Crime Act 2002.
a confiscation order made under the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17)), or
a confiscation order made under Part 2 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)),
In section 177 of the Proceeds of Crime Act 2002 (absconding defendant convicted or committed), for subsection (2) substitute—
For subsections (6) and (7) of that section substitute—
In section 178 of that Act (absconding defendant neither convicted nor acquitted), in subsection (2)(c), for “two years” substitute “ three months ”.
For subsection (6) of that section substitute—
In section 185 of the Proceeds of Crime Act 2002 (enforcement as fines), after subsection (2) insert—
In section 459(7B) of that Act (orders subject to affirmative resolution procedure), after “section” insert “ 185(2B), ”.
In section 189 of the Proceeds of Crime Act 2002 (conditions for exercise of powers), in subsection (2)(b), for “is reasonable cause to believe” substitute “ are reasonable grounds to suspect ”.
In section 190 of that Act (restraint orders), after subsection (7) insert—
In section 191 of the Proceeds of Crime Act 2002 (application, discharge and variation of restraint orders), after subsection (6) insert—
In section 195B of the Proceeds of Crime Act 2002 (conditions for exercise of powers), in subsection (2)(d), for “is reasonable cause to believe” substitute “ are reasonable grounds to suspect ”.
In section 195G of that Act (“appropriate approval”), before paragraph (b) of subsection (3) insert—.
In section 215 of the Proceeds of Crime Act 2002 (seized money), for subsections (4) and (5) substitute—
After subsection (5) of that section insert—
After subsection (7) of that section insert—
In section 215A of that Act (seized personal property), for subsections (2) and (3) substitute—
In section 459(7B) of that Act (orders subject to affirmative resolution procedure), before “223(7) or (8)” insert “ 215(7A), ”.
In section 338 of the Proceeds of Crime Act 2002 (money laundering: authorised disclosures), after subsection (4) insert—
In section 341 of the Proceeds of Crime Act 2002, at the end of subsection (1) insert, or
In section 353 of that Act (requirements where production order not available), in subsection (6)(a), after “of his benefit from his criminal conduct” insert “ or of realisable property available for satisfying a confiscation order made in respect of him ”.
In section 388 of that Act (requirements where production order not available), in subsection (6)(a), after “of his benefit from his criminal conduct” insert “ or of realisable property available for satisfying a confiscation order made in respect of him ”.
In section 447 of the Proceeds of Crime Act 2002 (interpretation of Part 11 (co-operation)), after subsection (6) insert—
The Serious Organised Crime and Police Act 2005 is amended as follows.
In section 97 (confiscation orders by magistrates' courts), after subsection (1) insert—
In subsection (2) of that section omit “(1) or”.
After that subsection insert—
In section 172 (orders etc)—
in subsection (5) (orders made by Secretary of State that are subject to affirmative resolution procedure), in paragraph (i), after “section 97(1)” insert “ or (1ZB) ”;
in subsection (13) (orders made by Department of Justice in Northern Ireland that are subject to affirmative resolution procedure), in paragraph (d), after “section 97(1A)” insert “ or (2A) ”.
The Computer Misuse Act 1990 is amended as follows.
After section 3 insert—
In section 3A (making, supplying or obtaining articles for use in offences under section 1 or 3), in subsections (1), (2) and (3), for “section 1 or 3” substitute “ section 1, 3 or 3ZA ”.
In section 3A of the Computer Misuse Act 1990 (making, supplying or obtaining articles for use in offence under section 1 or 3), in subsection (3), for “article with a view to” substitutearticle— .
The Computer Misuse Act 1990 is amended as follows.
In section 4 (territorial scope of offences), in subsection (1), for “section 1 or 3” substitute “ section 1, 3 or 3ZA ”.
After subsection (4) of that section insert—
In section 5 (significant links with domestic jurisdiction), after subsection (1) insert—
After subsection (3) of that section insert—
In section 13 (proceedings in Scotland), after subsection (2) insert—
After subsection (10) of that section insert—
The Computer Misuse Act 1990 is amended as follows.
In section 10 (saving for certain law enforcement powers)—
for “Section 1(1) above has” substitute “ Sections 1 to 3A have ”;
in paragraph (a), after “seizure” insert “ or of any other enactment by virtue of which the conduct in question is authorised or required ”;
in paragraph (b), after “seizure” insert “ or of any other enactment or rule of law by virtue of which the conduct in question is authorised or required ”;
for “the said section 1(1)” substitute “ any of those sections ”;
In this section—
In section 16 (application to Northern Ireland), after subsection (9) insert—
A person who participates in the criminal activities of an organised crime group commits an offence.
For this purpose, a person participates in the criminal activities of an organised crime group if the person takes part in any activities that the person knows or reasonably suspects—
are criminal activities of an organised crime group, or
will help an organised crime group to carry on criminal activities.
“Criminal activities” are activities within subsection (4) or (5) that are carried on with a view to obtaining (directly or indirectly) any gain or benefit.
Activities are within this subsection if—
they are carried on in England or Wales, and
they constitute an offence in England and Wales punishable on conviction on indictment with imprisonment for a term of 7 years or more.
Activities are within this subsection if—
they are carried on outside England and Wales,
they constitute an offence under the law in force of the country where they are carried on, and
they would constitute an offence in England and Wales of the kind mentioned in subsection (4)(b) if the activities were carried on in England and Wales.
“Organised crime group” means a group that—
has as its purpose, or as one of its purposes, the carrying on of criminal activities, and
consists of three or more persons who act, or agree to act, together to further that purpose.
For a person to be guilty of an offence under this section it is not necessary—
for the person to know any of the persons who are members of the organised crime group,
for all of the acts or omissions comprising participation in the group's criminal activities to take place in England and Wales (so long as at least one of them does), or
for the gain or benefit referred to in subsection (3) to be financial in nature.
It is a defence for a person charged with an offence under this section to prove that the person's participation was necessary for a purpose related to the prevention or detection of crime.
A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 5 years.
Schedule 1 (amendments of Serious Crime Act 2007: Scotland) has effect.
Part 1 of Schedule 1 to the Serious Crime Act 2007 (serious offences in England and Wales) is amended as set out in subsections (2) to (4).
In paragraph 1 (drug trafficking), after paragraph (b) of sub-paragraph (1) insert—.
For paragraph 3 substitute—
After paragraph 11 insert—
Part 2 of that Schedule (serious offences in Northern Ireland) is amended as set out in subsections (6) to (8).
In paragraph 17 (drug trafficking), after paragraph (b) of sub-paragraph (1) insert—.
In paragraph 19 (arms trafficking), for sub-paragraph (2) substitute—
After paragraph 27 insert—
Section 21 of the Serious Crime Act 2007 (powers of Crown Court to vary orders on breach) is amended as follows.
In subsection (2)—
after “vary” insert “ or replace ”;
after “the order as varied” insert “ , or the new order, ”.
In subsection (4)—
after “vary” insert “ or replace ”;
after “the order as varied” insert “ , or the new order, ”.
In subsection (5), for “A variation under this section may be made” substitute “ An order may be varied or replaced under this section ”.
In subsection (6), after “variation” insert “ or new order ”.
After subsection (7) insert—
After section 22D of the Serious Crime Act 2007 (inserted by paragraph 17 of Schedule 1) insert—
In Chapter 3 of Part 2 of the Serious Organised Crime and Police Act 2005 (financial reporting orders)—
omit section 76 (making financial reporting orders in England and Wales);
omit section 77 (making financial reporting orders in Scotland);
omit section 78 (making financial reporting orders in Northern Ireland).
In Part 1 of the Serious Crime Act 2007 (serious crime prevention orders), after section 5 insert—
In Part 4 of the Policing and Crime Act 2009 (injunctions: gang-related violence), for section 34 substitute—
A justice of the peace may issue a warrant (a “search and seizure warrant”) authorising a police or customs officer— if the justice is satisfied that there are reasonable grounds to suspect that a substance intended for such use is on the premises.
to enter premises, and
to search them for substances that appear to be intended for use as drug-cutting agents,
In this Part “police or customs officer” means—
a constable,
a National Crime Agency officer, or
a person designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009.
A search and seizure warrant may be either—
a warrant that relates to any premises occupied or controlled by a person specified in the warrant (an “all-premises warrant”), or
a warrant that relates only to premises specified in the warrant (a “specific-premises warrant”).
A search and seizure warrant may be issued only on the application of a police or customs officer.
The application may be made without notice being given to persons who might be affected by the warrant.
The application must be supported—
in England and Wales, by an information in writing;
in Scotland, by evidence on oath;
in Northern Ireland, by a complaint on oath.
The police or customs officer must answer on oath any question that the justice of the peace hearing the application asks him or her.
A police or customs officer applying for a search and seizure warrant must—
state that the application is made under this section;
specify the premises or (as the case may be) each set of premises that it is desired to enter and search;
state what are the grounds for suspecting that a substance intended for use as a drug-cutting agent is on the premises;
identify, so far as is possible, the substance or substances to be sought.
If the police or customs officer is applying for a search and seizure warrant authorising entry and search on more than one occasion, the officer must also state—
the ground on which the officer applies for such a warrant;
whether the officer seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired.
If the police or customs officer is applying for an all-premises warrant, the officer must also specify—
as many of the sets of premises that it is desired to enter and search as it is reasonably practicable to specify;
the person who is in occupation or control of those premises and any others that it is desired to enter and search;
why it is necessary to search more premises than those specified under paragraph (a);
why it is not reasonably practicable to specify all the premises that it is desired to enter and search.
A search and seizure warrant authorises entry on one occasion only, unless it specifies that it authorises multiple entries. If it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified maximum.
A search and seizure warrant must—
specify the name of the person who applies for it;
specify the date on which it is issued;
state that the warrant is issued under section 52 of this Act;
specify each set of premises to be searched, or (in the case of an all-premises warrant) the person who is in occupation or control of premises to be searched, together with any premises to be searched that are under the person's occupation and can be specified;
identify, so far as is possible, the substance or substances to be sought.
Two copies must be made of a search and seizure warrant that specifies only one set of premises and does not authorise multiple entries.
As many copies as are reasonably required may be made of any other kind of warrant.
The copies must be clearly certified as copies.
Schedule 2 (execution of search and seizure warrants) has effect.
An entry on or search of premises under a search and seizure warrant is unlawful unless it complies with that Schedule.
A police or customs officer may use reasonable force, if necessary, for the purpose of entering premises under a search and seizure warrant.
An offence is committed by a person who without reasonable excuse obstructs a police or customs officer executing or seeking to execute a search and seizure warrant.
A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
A police or customs officer searching premises under a search and seizure warrant may seize any substance on the premises that the officer has reasonable grounds to suspect is intended for use as a drug-cutting agent.
If a police or customs officer— the officer may seize the substance.
is lawfully on premises that are not subject to a search and seizure warrant, and
finds a substance there that the officer has reasonable grounds to suspect is intended for use as a drug-cutting agent,
An officer who has seized a substance under section 55 or 56 must make reasonable efforts to give written notice—
to the person from whom the substance was seized, and
if the officer thinks that the substance may belong to a different person, to that person.
A notice under subsection (1) must explain the effect of sections 59, 60, 61 and 63.
An officer who seizes a substance under section 55 or 56 may also seize any container holding the substance.
If a container is seized under this section, reasonable efforts must be made to return it to—
the person from whom it was seized, or
(if different) a person to whom it belongs.
Subsection (2) does not apply—
if the container appears to be of negligible value,
if it is not practicable for the container to be returned, or
while the container is or may be needed for use as evidence at a trial for an offence.
Where— it may be retained until the end of the 30th day after the date of seizure.
a substance has been seized under section 55 or 56, and
there continue to be reasonable grounds to suspect that the substance was intended for use as a drug-cutting agent,
Where— it may be retained until the end of the 30th day after the period referred to in paragraph (b).
a substance has been seized under another enactment and is lawfully in the possession of a police or customs officer,
the period during which the substance may lawfully be retained under that enactment expires, and
there are reasonable grounds to suspect that the substance was intended for use as a drug-cutting agent,
On an application made by a police or customs officer, a magistrates' court or a justice of the peace may make an order extending the period for which a substance may be retained under section 59 if satisfied that—
the condition in subsection (2) is met, or
the condition in subsection (4) is met.
The condition in this subsection is that the continued retention of the substance is justified—
while its intended use is further investigated, or
while consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the substance is connected.
If the condition in subsection (2) is met, an order under this section may authorise the retention of the substance for a specified period ending no later than the 60th day after—
the date of seizure, in the case of a substance seized under section 55 or 56, or
the end of the period referred to in section 59(2)(b), in any other case.
The condition in this subsection is that proceedings against any person for an offence with which the substance is connected have been started but have not been concluded.
If the condition in subsection (4) is met, an order under this section may authorise the retention of the substance until the proceedings are concluded.
If on the hearing of an application under this section the court or justice is not satisfied that the condition in subsection (2) or (4) is met, the court or justice must order the substance to be returned to a person entitled to it.
Where— a police or customs officer must make reasonable efforts to give written notice to the person from whom the substance was seized and, if the officer thinks that the substance may belong to a different person, to that person.
an order is made under this section extending the period for which the substance may be retained, and
no person entitled to the substance was present or represented at the hearing,
A notice under subsection (7) must explain—
the effect of the court's order, and
the effect of section 63.
For the purposes of this Part, proceedings against a person for an offence are concluded when— Paragraph (a) applies, where an appeal is made, with references to an appeal being read as references to any further appeal.
the person is convicted or acquitted of the offence and either—
the time allowed for making an appeal, or applying for permission to do so, has expired, or
if an appeal is made, the appeal is determined or otherwise dealt with;
the charge is withdrawn;
in England and Wales or Northern Ireland—
proceedings in respect of the charge are discontinued, or
an order is made for the charge to lie on the file;
in Scotland—
proceedings against the person are deserted simpliciter,
proceedings against the person are deserted pro loco et tempore and no trial diet is appointed,
the indictment or complaint relating to the person falls or for any other reason does not proceed to trial, or
the diet not having been continued, adjourned or postponed, no further proceedings are in contemplation in relation to the person.
A police or customs officer may apply to a magistrates' court for the forfeiture of a substance retained under section 59.
Where an application for the forfeiture of a substance is made under this section, the substance is to be retained while proceedings on the application are in progress.
The court must order the forfeiture of the substance if satisfied that it was intended for use as a drug-cutting agent.
A substance ordered to be forfeited may be disposed of in whatever way the officer who applied for the order thinks is suitable.
A substance must not be disposed of under subsection (4)—
before the end of the period within which an appeal under section 62 may be made, or
if an appeal is made, before it is determined or otherwise dealt with.
The court must order the substance to be returned to a person entitled to it if not satisfied that the substance was intended for use as a drug-cutting agent.
If an order is made under subsection (6), the substance may nevertheless be retained— But if it is decided before the end of the period mentioned in paragraph (a) that there is to be no appeal, the substance must be returned as soon as possible after that decision is made.
until the end of the period within which an appeal under section 62 may be made against the order, or
if an appeal is made, until the time when it is determined or otherwise dealt with.
A party to proceedings for an order under section 61, or a person entitled to the substance in question (if not a party to those proceedings), may appeal against an order under that section.
Where— the officer must make reasonable efforts to give notice of the appeal to the person from whom the substance was seized and, if the officer thinks that the substance may belong to a different person, to that person.
a police or customs officer brings an appeal under this section, and
no person entitled to the substance in question was a party to the original proceedings,
An appeal under this section is to—
the Crown Court, in England and Wales;
the Sheriff Appeal Court, in Scotland;
a county court, in Northern Ireland.
An appeal under this section must be made before the end of the period of 30 days starting with the date of the order appealed against.
Subject to subsections (6) and (7), the court hearing the appeal may make any order the court thinks appropriate.
If an appeal against an order for the return of the substance is allowed—
the court must order the substance to be forfeited, and
subsections (4) and (5) of section 61 apply with the necessary adaptations.
If an appeal against an order forfeiting the substance is allowed—
the court must order the substance to be returned to a person entitled to it, and
subsection (7) of section 61 applies with the necessary adaptations.
Where the retention of a substance has been, but is no longer, authorised under this Part—
the substance must (subject to subsection (4)) be returned to a person entitled to it;
a magistrates' court must, if asked to do so by a person entitled to the substance, order it to be returned to that person.
A person who claims to be entitled to a substance retained under this Part may apply to a magistrates' court for an order under subsection (1)(b) or section 60(6) or 61(6) (as appropriate).
Where— the order has effect as if it required the substance to be returned to any person entitled to it.
a court makes an order under this Part requiring a substance to be returned to a particular person, and
reasonable efforts have been made, without success, to find that person, or it is for some other reason impracticable to return the substance to that person,
Where— a police or customs officer may dispose of the substance in whatever way the officer thinks is suitable.
a substance is required by a provision of this Part, or an order made under this Part, to be returned to a person entitled to it, and
reasonable efforts have been made, without success, to find a person entitled to the substance, or it is for some other reason impracticable to return the substance to a person entitled to it,
If no forfeiture order is made in respect of a substance retained under this Part, the person to whom it belongs may make an application to a magistrates' court for compensation.
If the court is satisfied that the applicant has suffered loss as a result of the retention of the substance, the court may order compensation to be paid to the applicant.
Subject to subsection (4), the amount of compensation to be paid is the relevant proportion of the value of the substance. For these purposes—
the “relevant proportion” is whatever proportion (not exceeding 100%) the court thinks is reasonable;
the “value” of the substance is the amount that it would cost the applicant to acquire the substance at the time when the court makes the order.
If the court thinks that, by reason of exceptional circumstances, the value of the substance would not be adequate compensation, it may order payment of whatever larger amount it thinks reasonable.
The fund from which, or person by whom, the compensation is to be paid depends on the person by whom the substance was seized, as follows— Person by whom substance seized Fund from which or person by whom compensation payable A constable of a police force maintained by a local policing body The police fund from which the expenses of the police force are met A constable of the Police Service of Scotland The Scottish Police Authority A constable of the Police Service of Northern Ireland The Chief Constable of the Police Service of Northern Ireland A constable of the British Transport Police Force The Chief Constable of the British Transport Police Force A constable of the Ministry of Defence Police The Secretary of State A National Crime Agency officer The Director General of the National Crime Agency A person designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009 The Secretary of State
For the purposes of this Part, a substance is used as a “drug-cutting agent” if it is added to a controlled drug in connection with the unlawful supply or exportation of the drug.
In this Part—
“United Kingdom national” means an individual who is—
A police or customs officer executing a search and seizure warrant must make an endorsement on it— Unless the warrant specifies one set of premises only, there must be a separate endorsement under this paragraph identifying each set of premises entered and searched.
Premises may be entered or searched for the second or any subsequent time under a search and seizure warrant authorising multiple entries only if a senior officer has authorised that entry to the premises.
A search under a search and seizure warrant may only be a search to the extent required for the purpose for which the warrant was issued.
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A service provider does not commit an offence under section 69(1) by storing information provided by a recipient of the service if— Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.
“enactment” includes—
“civil partnership agreement” has the meaning given by section 73 of the Civil Partnership Act 2004;
“custodial institution” means—
“court” means—
“communications provider” means a person providing a service that consists in the provision of access to, and of facilities for making use of, any telecommunication system (whether or not one provided by that person);
“telecommunication system” means any system (including the apparatus comprised in it) that exists (whether wholly or partly in the United Kingdom or elsewhere) for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electro-magnetic energy.
in relation to Scotland, the sheriff;
A search and seizure warrant may be executed by any police or customs officer. A search and seizure warrant may authorise persons to accompany any police or customs officer who is executing it. A person authorised under sub-paragraph (2) has the same powers as the police or customs officer whom he or she accompanies in respect of— But the person may exercise those powers only in the company, and under the supervision, of a police or customs officer.
“enactment” includes—
“enactment” includes—
“communications provider” means a person providing a telecommunications service;
“telecommunications service” has the meaning given by section 261 of the Investigatory Powers Act 2016.
In section 8 of the Female Genital Mutilation Act 2003 (extent etc), in subsection (4), after “Scotland” insert “ and sections 5B and 5C do not extend to Northern Ireland ”.
The persons “entitled” to a substance for the purposes of this Part are—
the person from whom it was seized;
(if different) any person to whom it belongs.
Where a retrial is ordered on a person's appeal against conviction for an offence, a reference in this Part to the determination of the appeal is a reference to the conclusion of proceedings for the offence on retrial.
In the application of this Part to Scotland, a reference to a magistrates' court or to a justice of the peace is to be read as a reference to a sheriff.
An application to a sheriff for an order under section 60, 61, 63 or 64 must be made by summary application.
In the application of this Part to Northern Ireland—
a reference to a justice of the peace in section 52 is to be read as a reference to a lay magistrate;
a reference to a magistrates' court or a justice of the peace in section 60, and any other reference to a magistrates' court, is to be read as a reference to a court of summary jurisdiction.
Section 1 of the Children and Young Persons Act 1933 (cruelty to persons under 16) is amended as follows.
In subsection (1)—
after “ill-treats” insert “ (whether physically or otherwise) ”;
after “ill-treated” insert “ (whether physically or otherwise) ”.
In that subsection, for the words from “(including” to “derangement)” substitute “ (whether the suffering or injury is of a physical or a psychological nature) ”.
In that subsection, for “a misdemeanour” substitute “ an offence ”.
In subsection (2), in paragraph (b)—
after “to bed” insert “ or at any later time before the suffocation ”;
after “drink” insert “ or a prohibited drug ”.
After that subsection insert—
After section 15 of the Sexual Offences Act 2003 insert—
The Sexual Offences Act 2003 is amended as set out in subsections (2) to (6).
For the heading before section 47 substitute “ Sexual exploitation of children ”.
In section 48 (headed “Causing or inciting child prostitution or pornography”)—
in the heading, for “child prostitution or pornography” substitute “ sexual exploitation of a child ”;
in subsection (1)(a), for “to become a prostitute, or to be involved in pornography,” substitute “ to be sexually exploited ”.
In section 49 (headed “Controlling a child prostitute or a child involved in pornography”)—
in the heading, for “prostitute or a child involved in pornography” substitute “ in relation to sexual exploitation ”;
in subsection (1)(a), for “prostitution or involvement in pornography” substitute “ sexual exploitation ”.
In section 50 (headed “Arranging or facilitating child prostitution or pornography”)—
in the heading, for “child prostitution or pornography” substitute “ sexual exploitation of a child ”;
in subsection (1)(a), for “prostitution or involvement in pornography” substitute “ sexual exploitation ”.
In section 51 (interpretation of sections 48 to 50)—
omit subsection (1);
for subsection (2) substitute—
In section 1 of the Street Offences Act 1959 (loitering or soliciting for purposes of prostitution), in subsection (1), after “person” insert “ aged 18 or over ”.
It is an offence to be in possession of any item that contains advice or guidance about abusing children sexually.
It is a defence for a person (D) charged with an offence under this section—
to prove that D had a legitimate reason for being in possession of the item;
to prove that—
D had not read, viewed or (as appropriate) listened to the item, and
D did not know, and had no reason to suspect, that it contained advice or guidance about abusing children sexually; or
to prove that—
the item was sent to D without any request made by D or on D's behalf, and
D did not keep it for an unreasonable time.
A person guilty of an offence under this section is liable—
on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine, or to both;
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;
on conviction on indictment, to imprisonment for a term not exceeding 3 years or to a fine, or to both.
Proceedings for an offence under this section may be brought—
in England and Wales, only by or with the consent of the Director of Public Prosecutions;
in Northern Ireland, only by or with the consent of the Director of Public Prosecutions for Northern Ireland.
In England and Wales, the following provisions of the Protection of Children Act 1978 apply in relation to prohibited items as they apply in relation to indecent photographs of children (within the meaning of that Act)—
section 4 (entry, search and seizure);
the Schedule (forfeiture of photographs).
In Northern Ireland, the following provisions of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) apply in relation to prohibited items as they apply in relation to indecent photographs of children (within the meaning of that Order)—
Article 4 (entry, search and seizure);
the Schedule (forfeiture of photographs).
Schedule 3 makes special provision in connection with the operation of subsection (1) in relation to persons providing information society services within the meaning of that Schedule.
In this section—
“parental responsibility” has the same meaning as in the Children Act 1989;
an offence under Part 1 of the Sexual Offences Act 2003, or under Part 2, 3 or 4 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), against a person under 16, or
The Female Genital Mutilation Act 2003 is amended as follows—
in section 3 (offence of assisting non-UK person to mutilate overseas a girl's genitalia), in subsections (1) and (2)(a) omit “permanent”;
in section 4 (extension of sections 1 to 3 to extra-territorial acts), in subsection (1) omit “permanent”;
in section 6 (definitions), for subsection (3) substitute—
The Prohibition of Female Genital Mutilation (Scotland) Act 2005 (asp 8) is amended as follows—
in section 3 (aiding and abetting female genital mutilation), in subsections (1)(c) and (2) omit “permanent”;
in section 4 (extension of sections 1 and 3 to extra-territorial acts), in subsection (1) omit “permanent”;
“United Kingdom resident” is an individual who is habitually resident in the United Kingdom.
After section 4 of the Female Genital Mutilation Act 2003 insert—
Insert as Schedule 1 to that Act the following Schedule—
The Female Genital Mutilation Act 2003 is amended as follows.
After section 3 insert—
In section 4 (extension of sections 1 to 3 to extra-territorial acts)—
in the heading, for “3” substitute “3A” and after “ acts ” insert “ or omissions ”;
after subsection (1) insert—
In section 5 (penalties for offences)—
for “A person guilty of an offence under this Act” substitute—;
at the end insert—
After section 5 of the Female Genital Mutilation Act 2003 insert—
After Schedule 1 to that Act (inserted by section 71(2) above) insert—
After section 5A of the Female Genital Mutilation Act 2003 (inserted by section 73 above) insert—
After section 5B of the Female Genital Mutilation Act 2003 (inserted by section 74 above) insert—
Consultation for the purposes of subsection (4) of section 5C of the Female Genital Mutilation Act 2003 (inserted by subsection (1) above) may be, or include, consultation before the coming into force of this section.
A person (A) commits an offence if—
A repeatedly or continuously engages in behaviour towards another person (B) that is controlling or coercive,
at the time of the behaviour, A and B are personally connected (see subsection (6)),
the behaviour has a serious effect on B, and
A knows or ought to know that the behaviour will have a serious effect on B.
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A is in an intimate personal relationship with B, or
A and B live together and—
they are members of the same family, or
they have previously been in an intimate personal relationship with each other.
But A does not commit an offence under this section if at the time of the behaviour in question—
A has responsibility for B, for the purposes of Part 1 of the Children and Young Persons Act 1933 (see section 17 of that Act), and
B is under 16.
A's behaviour has a “serious effect” on B if—
it causes B to fear, on at least two occasions, that violence will be used against B, or
it causes B serious alarm or distress which has a substantial adverse effect on B's usual day-to-day activities.
For the purposes of subsection (1)(d) A “ought to know” that which a reasonable person in possession of the same information would know.
A and B are “personally connected” if any of the following applies—
they are, or have been, married to each other;
they are, or have been, civil partners of each other;
they have agreed to marry one another (whether or not the agreement has been terminated);
they have entered into a civil partnership agreement (whether or not the agreement has been terminated);
they are, or have been, in an intimate personal relationship with each other;
they each have, or there has been a time when they each have had, a parental relationship in relation to the same child (see subsection (6A));
they are relatives.
For the purposes of subsection (6)(f) a person has a parental relationship in relation to a child if—
the person is a parent of the child, or
the person has parental responsibility for the child.
In subsections (6) and (6A) —
an offence under section 1 of the Protection of Children Act 1978, or under Article 3 of the Protection of Children (Northern Ireland) Order 1978, involving indecent photographs (but not pseudo-photographs),or
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
In this Schedule— “all-premises warrant” and “specific-premises warrant” have the meaning given in section 52(3); “senior officer” means— a police officer of at least the rank of inspector; a National Crime Agency officer of grade 3 or above. An authorisation under paragraph 3 or 4 must be in writing.
In the case of an all-premises warrant, premises that are not specified in the warrant may be entered and searched only if a senior officer has authorised them to be entered.
Where the occupier of premises to be entered and searched under a search and seizure warrant is present at the time when a police or customs officer seeks to execute the warrant, the police or customs officer— Where the occupier of premises to be entered and searched under a search and seizure warrant is not present at the time when a police or customs officer seeks to execute the warrant—
A police or customs officer who enters premises under a search and seizure warrant must take reasonable steps to ensure that when the officer leaves the premises they are as secure as they were before he or she entered.
In section 6 of the Proceeds of Crime Act 2002 (making of order), at the end of subsection (5) insert— “Paragraph (b) applies only if, or to the extent that, it would not be disproportionate to require the defendant to pay the recoverable amount.”
In section 54 of the Sexual Offences Act 2003 (sections 51A to 53A: interpretation), for subsections (2) and (3) substitute—
In section 9 of the Serious Crime Act 2007 (right of third parties to make representations), in subsection (4), for “or 21” substitute “ , 21 or 22E ”.
Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services) is amended as follows. After paragraph 15 insert— In the heading before paragraph 38, after “violence” insert “ and drug-dealing activity ”. In sub-paragraph (1) of that paragraph, after “violence” insert “ and drug-dealing activity ”.
In section 12 of that Act (interest on unpaid sums), in subsection (1)—
for “the amount required to be paid” substitute “ any amount required to be paid ”;
for “must pay interest on the amount” substitute “ must pay interest on that amount ”.
In section 78 of that Act (meaning of “sexual”), for “except section 71” substitute “ except sections 15A and 71 ”.
In section 16 of that Act (duration of orders), at the end insert—
Part 3 of that Schedule (advocacy: exclusion and exceptions) is amended as follows. In paragraph 6— In paragraph 8—
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In section 136A of that Act (meaning of specified prostitution offence etc) subsection (2) is amended as follows. After paragraph (a) insert—. In paragraph (b), for “section 48 of this Act, or Article 38 of the Northern Ireland Order,” substitute “ Article 38 of the Northern Ireland Order ”. After paragraph (b) insert—. In paragraph (c), for “section 49 of this Act, or Article 39 of the Northern Ireland Order,” substitute “ Article 39 of the Northern Ireland Order ”. After paragraph (c) insert—. In paragraph (d), for “section 50 of this Act, or Article 40 of the Northern Ireland Order,” substitute “ Article 40 of the Northern Ireland Order ”.
Section 19 of that Act (orders by Crown Court on conviction) is amended as follows. After subsection (2) insert— After subsection (4) insert—
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Subsection (3) of that section is amended as follows. Before paragraph (a) insert—. In paragraph (a), for “section 48 of this Act, or Article 38 of the Northern Ireland Order,” substitute “ Article 38 of the Northern Ireland Order ”. After paragraph (a) insert—. In paragraph (b), for “section 49 of this Act, or Article 39 of the Northern Ireland Order,” substitute “ Article 39 of the Northern Ireland Order ”. After paragraph (b) insert—. In paragraph (c), for “section 50 of this Act, or Article 40 of the Northern Ireland Order,” substitute “ Article 40 of the Northern Ireland Order ”.
In section 21 of that Act (powers of Crown Court to vary orders on breach), in the heading, after “vary” insert “ or replace ”.
Section 19 of that Act (no order made: reconsideration of case) is amended as follows. In subsection (7), after paragraph (d) insert—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 3 to that Act (sexual offences for purposes of Part 2 (notification requirements etc)) is amended as follows. After paragraph 24 insert— After paragraph 35B insert— After paragraph 92X insert—
In section 36 of that Act (proceedings in the Crown Court), in subsection (1), for “or 21” substitute “ , 21 or 22E ”.
Section 20 of that Act (no order made: reconsideration of benefit) is amended as follows. In subsection (11), after paragraph (d) insert—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 1 to that Act (serious offences) is amended as follows. In Part 1 (serious offences in England and Wales), in paragraph 4 (prostitution and child sex), in sub-paragraph (2)— In that Part, after paragraph 13 insert— In Part 2 (serious offences in Northern Ireland), for the heading before paragraph 19 substitute— “ Firearms offences ”.
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In Part 2 of Schedule 3 to that Act (offences under particular enactments: England and Wales), after paragraph 38 insert—
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In section 41 of that Act (restraint orders), after subsection (7C) (inserted by section 11 above) insert—
Section 42 of that Act (application, discharge and variation of restraint orders) is amended as follows. In subsection (4), for “(7)” substitute “ (8) ”. For subsection (7) substitute—
In section 55 of that Act (sums received by designated officer), in subsection (5), for “an amount of compensation or all or part of an amount payable under an unlawful profit order” substitute “ an amount payable under a priority order (or orders) ”.
In section 89 of that Act (procedure on appeal to the Court of Appeal), in subsection (4), before paragraph (a) insert—.
Paragraph (b) applies only if, or to the extent that, it would not be disproportionate to require the accused to pay the recoverable amount.
In section 99 of that Act (postponement), after paragraph (c) of subsection (11) insert—
Section 100 of that Act (effect of postponement) is amended as follows. In subsection (3)— In subsection (4)—
Section 104 of that Act (no order made: reconsideration of case) is amended as follows. In subsection (7), after paragraph (d) insert— After subsection (8) insert—
Section 105 of that Act (no order made: reconsideration of benefit) is amended as follows. In subsection (10), after paragraph (d) insert— After subsection (11) insert—
Section 106 of that Act (order made: reconsideration of benefit) is amended as follows. In subsection (8), after paragraph (c) insert— In subsection (9)—
Section 107 of that Act (order made: reconsideration of available amount) is amended as follows. In subsection (4), after paragraph (c) insert— In subsection (5)—
In section 118 of that Act (application of provisions about fine enforcement), in subsection (2) omit paragraph (k).
Section 121 of that Act (application, recall and variation) is amended as follows. In subsection (5), for “(9)” substitute “ (10) ”. For subsection (9) substitute—
In section 131 of that Act (sums received by clerk of court)—
in subsection (6), after “97(6)” insert “ or 97A(4) ”;
after that subsection insert—
In section 153 of that Act (satisfaction of confiscation orders), in subsection (1) omit paragraph (b).
Paragraph (b) applies only if, or to the extent that, it would not be disproportionate to require the defendant to pay the recoverable amount.
In section 162 of that Act (interest on unpaid sums), in subsection (1)—
for “the amount required to be paid” substitute “ any amount required to be paid ”;
for “must pay interest on the amount” substitute “ must pay interest on that amount ”.
Section 181 of that Act (appeal to Court of Appeal) is amended as follows. In the heading, after “prosecutor” insert “ etc ”. In subsection (3), after “by virtue of section” insert “ 160A, ”.
In section 185 of that Act (enforcement as fines)—
in subsection (2) omit “(2),”;
in subsection (3), after “Criminal Justice” insert “ (Children) ”.
In section 190 of that Act (restraint orders), after subsection (7C) (inserted by section 33 above) insert—
Section 191 of that Act (application, discharge and variation of restraint orders) is amended as follows. In subsection (4), for “(7)” substitute “ (8) ”. For subsection (7) substitute—
In section 273 of that Act (payments in respect of rights under pension schemes), in subsection (4)(b), after “section 245E,” insert “ PPO receiver, ”.
In section 277 of that Act (consent orders: pensions), in subsection (7)(b), after “section 245E,” insert “ PPO receiver, ”.
“PPO receiver” has the meaning given by section 255G(2);
In section 341 of that Act (investigations), in subsection (1) omit “or” at the end of paragraph (a).
In section 416 of that Act (other interpretative provisions), after subsection (3) insert—
Section 459 of that Act (orders and regulations) is amended as follows. In subsection (4)(a)— In subsection (7A)—
In Schedule 2 to that Act (lifestyle offences: England and Wales), in paragraph 8 (prostitution and child sex), sub-paragraph (2) is amended as follows. In paragraph (b), for “child prostitution or pornography” substitute “ sexual exploitation of a child ”. In paragraph (c), for “prostitute or a child involved in pornography” substitute “ in relation to sexual exploitation ”. In paragraph (d), for “child prostitution or pornography” substitute “ sexual exploitation of a child ”.
In Schedule 10 to that Act, in paragraph 1 (disapplication of special income tax and capital gains tax rules for receivers), after paragraph (d) insert—.
In proceedings for an offence under this section it is a defence for A to show that—
in engaging in the behaviour in question, A believed that he or she was acting in B's best interests, and
the behaviour was in all the circumstances reasonable.
A is to be taken to have shown the facts mentioned in subsection (8) if—
sufficient evidence of the facts is adduced to raise an issue with respect to them, and
the contrary is not proved beyond reasonable doubt.
The defence in subsection (8) is not available to A in relation to behaviour that causes B to fear that violence will be used against B.
A person guilty of an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both;
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both.
If— the person is guilty in England and Wales of that offence.
a person's behaviour consists of or includes behaviour in a country outside the United Kingdom,
the behaviour would constitute an offence under section 76 if it occurred in England and Wales, and
the person is a United Kingdom national or is habitually resident in England and Wales,
In this section—
The Secretary of State may issue guidance about the investigation of offences under section 76 to whatever persons the Secretary of State considers appropriate.
The Secretary of State may revise any guidance issued under this section.
The Secretary of State must arrange for any guidance issued or revised under this section to be published.
A person (“A”) commits an offence if—
A intentionally strangles another person (“B”), or
A does any other act to B that—
affects B's ability to breathe, and
constitutes battery of B.
It is a defence to an offence under this section for A to show that B consented to the strangulation or other act.
But subsection (2) does not apply if—
B suffers serious harm as a result of the strangulation or other act, and
A either—
intended to cause B serious harm, or
was reckless as to whether B would suffer serious harm.
A is to be taken to have shown the fact mentioned in subsection (2) if—
sufficient evidence of the fact is adduced to raise an issue with respect to it, and
the contrary is not proved beyond reasonable doubt.
A person guilty of an offence under this section is liable—
on summary conviction— or both;
to imprisonment for a term not exceeding the general limit in a magistrates’ court (or 6 months, if the offence was committed before 2 May 2022), or
to a fine,
on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or both.
In this section “serious harm” means—
grievous bodily harm, within the meaning of section 18 of the Offences Against the Person Act 1861,
wounding, within the meaning of that section, or
actual bodily harm, within the meaning of section 47 of that Act.
If— the person is guilty in England and Wales of that offence.
a person does an act in a country outside the United Kingdom,
the act, if done in England and Wales, would constitute an offence under section 75A, and
the person is a United Kingdom national or is habitually resident in England and Wales,
In this section—
After section 40C of the Prison Act 1952 insert—
After section 40CA of the Prison Act 1952 (inserted by section 78 above) insert—
Regulations may make provision conferring power on a court to make a telecommunications restriction order.
“Telecommunications restriction order” means an order requiring a communications provider to take whatever action the order specifies for the purpose of preventing or restricting the use of communication devices by persons detained in custodial institutions.
Regulations under this section must—
specify who may apply for telecommunications restriction orders;
make provision about giving notice of applications;
make provision conferring rights on persons to make representations;
specify the matters about which the court must be satisfied if it is to make an order;
make provision about the duration of orders (which may include provision for orders of indefinite duration);
make provision about variation (including extension) and discharge of orders;
make provision about appeals.
Regulations under this section may—
make provision for a telecommunications restriction order to specify that a requirement of the order is not to apply in particular circumstances;
make provision authorising a court to include in an order a requirement for the person applying for the order to pay any or all of the costs of complying with it;
make provision about time limits for complying with orders;
make provision about enforcement of orders (which may include provision creating offences);
make provision about costs (or, in Scotland, expenses) in respect of legal proceedings;
make different provision for different purposes;
make incidental, consequential, supplementary or transitional provision, including provision applying any enactment (with or without modifications).
The power to make regulations under this section is exercisable—
in relation to England and Wales, by statutory instrument made by the Secretary of State;
in relation to Scotland, by the Scottish Ministers.
A statutory instrument (other than a Scottish statutory instrument) containing regulations under this section is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Regulations made by the Scottish Ministers under this section are subject to the affirmative procedure.
In this section—
“communication device” means an item specified in section 1(3) of the Prisons (Interference with Wireless Telegraphy) Act 2012 (mobile telephones etc);
Regulations may make provision conferring power on a court to make a drug dealing telecommunications restriction order.
“Drug dealing telecommunications restriction order” means an order requiring a communications provider to take whatever action the order specifies for the purpose of preventing or restricting the use of communication devices in connection with drug dealing offences.
Without limiting the action that may be specified, it includes—
action that relates to a specified device;
action that relates to a specified phone number or something else that may be used with a device.
In this section “drug dealing offence” means an offence under section 4(3) of the Misuse of Drugs Act 1971 or section 5 of the Psychoactive Substances Act 2016; and a communication device is used in connection with a drug dealing offence if it is used by a person (“the user”) in the course of—
the user committing a drug dealing offence,
the user facilitating the commission by the user or another person of a drug dealing offence, or
conduct of the user that is likely to facilitate the commission by the user or another person of a drug dealing offence (whether or not an offence is committed).
Regulations under this section must provide for drug dealing telecommunications restriction orders to be made only on the application of—
the Director General or Deputy Director General of the National Crime Agency, or
a police officer of the rank of superintendent or above.
Regulations under this section must—
specify the matters about which the court must be satisfied if it is to make an order;
make provision about the duration of orders (which may include provision for orders of indefinite duration);
make provision about the giving (by a communications provider or any other person) of notice of the making of an order;
make provision about variation (including extension) and discharge of orders;
make provision about appeals.
Regulations under this section must provide—
for applications for drug dealing telecommunications restriction orders to be made and heard without notice of the application or hearing having been given to persons affected (or their legal representatives), subject to subsection (9)(a);
for applications to be heard and determined in the absence of persons affected (and their legal representatives), subject to subsection (9)(b);
for applications to be heard and determined in private.
Regulations under this section must provide for a court hearing an application or an appeal to have power to restrict disclosure of information submitted in connection with the application or appeal if satisfied that it is necessary to do so in the public interest.
Regulations under this section may—
make provision for a communications provider affected by an application to be given notice of the application or hearing;
make provision for a communications provider affected by an application to be present or represented at the hearing and determination of the application;
in connection with any provision under paragraph (b), make provision for a communications provider to have a right to make representations;
make provision for a drug dealing telecommunications restriction order to specify that a requirement of the order is not to apply in particular circumstances;
make provision authorising a court to include in an order a requirement for the person applying for the order to pay any or all of the costs of complying with it;
make provision about time limits for complying with orders;
make provision about enforcement of orders (which may include provision creating offences);
make provision about costs (or, in Scotland, expenses) in respect of legal proceedings;
make provision about compensation;
make different provision for different purposes or areas;
make incidental, consequential, supplementary or transitional provision, including provision applying any enactment (with or without modifications).
The power to make regulations under this section is exercisable by statutory instrument made by the Secretary of State.
A statutory instrument containing regulations under this section is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
In this section—
In section 17 of the Terrorism Act 2006 (commission of offences abroad), in subsection (2)(b), after “an offence under” insert “ section 5 or 6 or ”.
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This section has effect for the purposes of section 8 of the European Union Act 2011 (decisions under Article 352 of TFEU).
The following draft decisions of the Council of the European Union under Article 352 of TFEU are approved—
the draft decision to repeal Council Decision 2007/124/EC, Euratom establishing for the period 2007 to 2013, as part of General Programme on Security and Safeguarding Liberties, the Specific Programme “Prevention, Preparedness and Consequence Management of Terrorism and other Security related risks” (document number 15187/13);
the draft decision to adopt the Council Regulation extending to the non-participating member States the application of Regulation (EU) No 331/2014 establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the “Pericles 2020” programme) (document number 16616/13).
In this section “TFEU” means the Treaty on the Functioning of the European Union.
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The Secretary of State shall arrange for an assessment to be made of the evidence of termination of pregnancy on the grounds of the sex of the foetus in England, Wales and Scotland.
The arrangements made under subsection (1) shall be such as to enable publication of the assessment by the Secretary of State within 6 months of the date of Royal Assent to this Act.
The Secretary of State shall consider the assessment made under subsection (1) and—
determine and publish a strategic plan to tackle substantiated concerns identified in the assessment made under subsection (1); or
publish a statement and explanation in relation to why a plan under subsection (3)(a) is not required.
Any strategic plan under subsection (3)(a) must include, but need not be limited to, steps—
to promote change in the social and cultural patterns of behaviour with a view to eradicating prejudices, customs, traditions and all other practices which are based on the idea of the inferiority of women and which may amount to pressure to seek a termination on the grounds of the sex of the foetus;
to ensure best practice exists in identifying women being coerced or pressured into seeking a termination on the grounds of the sex of the foetus, or at risk of being so, and in the provision of protection and support to potential victims; and
to promote guidance to service providers, health professionals and other stakeholders.
The Secretary of State must lay a copy of the plan, determined under subsection (3)(a), before each House of Parliament within 6 months of the publication date of the assessment under subsection (2).
Schedule 4 (minor and consequential amendments) has effect.
The Secretary of State may by regulations make provision that is consequential on any provision of this Act.
The power to make regulations under this section—
is exercisable by statutory instrument;
includes power to make transitional, transitory or saving provision;
may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under primary legislation passed before this Act or in the same Session.
Before making regulations under this section the Secretary of State must—
if the regulations contain provision that would fall within the legislative competence of the Scottish Parliament if included in an Act of that Parliament, consult the Scottish Ministers;
if the regulations contain provision that would fall within the legislative competence of the Northern Ireland Assembly if included in an Act of that Assembly, consult the Department of Justice in Northern Ireland.
A statutory instrument containing regulations under this section that amend, repeal, revoke or otherwise modify any provision of primary legislation is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “primary legislation” means—
an Act of Parliament;
an Act of the Scottish Parliament;
a Measure or Act of the National Assembly for Wales;
Northern Ireland legislation.
An order under section 13A of the Proceeds of Crime Act 2002 (inserted by section 7) may be made in respect of any confiscation order (within the meaning of Part 2 of that Act) that is made on or after the day on which section 7 comes into force.
The amendment made by subsection (3) of section 10 has effect in relation to a default of payment of a sum payable under a confiscation order only if the default occurs on or after the date on which that subsection comes into force.
An order under section 97B(2) of the Proceeds of Crime Act 2002 (inserted by section 16) may be made in respect of any confiscation order (within the meaning of Part 3 of that Act) that is made on or after the day on which section 16 comes into force.
An order under section 163A of the Proceeds of Crime Act 2002 (inserted by section 29) may be made in respect of any confiscation order (within the meaning of Part 4 of that Act) that is made on or after the day on which section 29 comes into force.
An offence is not committed under section 3A(3) of the Computer Misuse Act 1990 by virtue of the amendment made by section 42 unless every act or other event proof of which is required for conviction of the offence takes place after section 42 comes into force.
The amendments made by paragraph 10 of Schedule 4 apply, in relation to any offence of conspiracy to commit an offence under the Computer Misuse Act 1990 or of attempting to commit such an offence, only where every act or other event proof of which is required for conviction of the conspiracy or attempt offence takes place after section 43 comes into force.
The repeals by this Act of— do not apply in the case of a financial reporting order made before section 50(1) (a) above comes into force.
section 76 of the Serious Organised Crime and Police Act 2005 (“the 2005 Act”), and
sections 79 to 81 of the 2005 Act so far as they extend to England and Wales,
The repeals by this Act of— do not apply in the case of a financial reporting order made before section 50(1) (b) above comes into force.
section 77 of the 2005 Act, and
sections 79 to 81 of the 2005 Act so far as they extend to Scotland,
The repeals by this Act of— do not apply in the case of a financial reporting order made before section 50(1) (c) above comes into force.
section 78 of the 2005 Act, and
sections 79 to 81 of the 2005 Act so far as they extend to Northern Ireland,
The amendments made by a section listed below apply only in cases where every act or other event proof of which is required for conviction of the offence in question takes place after the provision comes into force—
section 43;
section 66;
section 70;
section 81.
Subsection (7) of section 68 and paragraph 2 of Schedule 4 do not apply in the case of an offence proceedings for which are started before the commencement of that subsection.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Before the day on which section 109 of the Courts Reform (Scotland) Act 2014 (asp 18) (abolition of appeal from a sheriff to the sheriff principal) comes into force—
the reference to the Sheriff Appeal Court in subsection (3)(b) of section 62 is to be read as a reference to the sheriff principal;
the references to the court in subsections (5) to (7) of that section are to be read as including references to the sheriff principal.
In relation to an offence committed before 2 May 2022, a reference to 12 months the general limit in a magistrates’ court in the following provisions is to be read as a reference to 6 months—
in the Sexual Offences Act 2003, subsection (3)(a) of the section 15A inserted by section 67 above;
section 69(3)(a);
in the Female Genital Mutilation Act 2003, paragraph (b) of the subsection (2) inserted in section 5 by section 72(4)(b) above;
paragraph 4(5)(b) of the Schedule inserted in that Act by section 73(2) above;
section 76(11)(b);
in the Prison Act 1952, subsection (4)(b) of the section 40CA inserted by section 78 above;
in that Act, subsection (4)(b) of the section 40CB inserted by section 79 above.
In relation to an offence committed before section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force—
a reference to a fine in the following provisions is to be read as a reference to a fine not exceeding the statutory maximum—
in the Sexual Offences Act 2003, subsection (3)(a) of the section 15A inserted by section 67 above;
section 69(3)(a);
in the Female Genital Mutilation Act 2003, paragraph (b) of the subsection (2) inserted in section 5 by section 72(4)(b) above;
paragraph 4(5)(b) of the Schedule inserted in that Act by section 73(2) above;
section 76(11)(b) above;
in the Prison Act 1952, subsection (4)(b) of the section 40CA inserted by section 78 above;
in that Act, subsection (4)(b) of the section 40CB inserted by section 79 above;
the reference to a fine in paragraph 2(2)(a) of Schedule 1 to the Female Genital Mutilation Act 2003, inserted in that Act by section 71(2) above, is to be read as a reference to a fine not exceeding level 5 on the standard scale.
The reference to an offence under section 1, 2 or 3 of the Female Genital Mutilation Act 2003 in section 3A (8) of that Act does not include such an offence committed before the coming into force of section 72 above (which inserts section 3A in that Act).
In proceedings under section 3A of that Act, a defence under subsection (5)(b) of that section may not be negated by reference to steps that the defendant could have taken (but did not) before the coming into force of section 72 above.
The following provisions extend to England and Wales only—
Chapter 1 of Part 1;
section 45;
section 51;
sections 66 to 68;
sections 74 to 79.
Section 80 extends to England and Wales and Scotland (but not Northern Ireland).
The following provisions extend to England and Wales and Northern Ireland (but not Scotland)—
section 38(2);
section 40;
section 69 and Schedule 3;
section 70(1);
sections 71 to 73.
The following provisions extend to Scotland only—
sections 15 to 22;
section 38(3);
section 43(6) and (7);
section 70(2).
Chapter 3 of Part 1 extends to Northern Ireland only.
An amendment or repeal made by Schedule 4 has the same extent as the relevant part of the Act amended or repealed.
The other provisions of this Act extend to England and Wales, Scotland and Northern Ireland.
This Act, except for the provisions referred to in subsections (2) to (5), comes into force on whatever day or days the Secretary of State appoints by regulations made by statutory instrument.
The following provisions come into force on whatever day or days the Scottish Ministers appoint by regulations after consulting the Secretary of State—
sections 15 to 22;
section 38(3);
paragraphs 16 and 35 to 45 of Schedule 4 (and section 85(1) so far as relating to those paragraphs).
The following provisions come into force on whatever day or days the Department of Justice in Northern Ireland appoints by regulations after consulting the Secretary of State—
Chapter 3 of Part 1;
paragraphs 4, 46 to 51 and 66(4) of Schedule 4 (and section 85(1) so far as relating to those paragraphs).
Sections 70 to 72 come into force at the end of the period of two months beginning with the day on which this Act is passed.
The following provisions come into force on the day on which this Act is passed—
section 80;
section 81 and paragraph 74 of Schedule 4 (and section 85(1) so far as relating to that paragraph);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 83;
section 85(2) to (7);
sections 86 to 89.
No regulations may be made under subsection (1) bringing into force any of the following provisions, so far as they extend to Scotland, unless the Secretary of State has consulted the Scottish Ministers—
section 23;
section 38(1);
Part 2;
section 46 and Schedule 1;
sections 47 to 50.
No regulations may be made under subsection (1) bringing into force any of the following provisions, so far as they extend to Northern Ireland, unless the Secretary of State has consulted the Department of Justice in Northern Ireland—
section 38(1) and (2);
section 40;
sections 47 to 50;
section 69 and Schedule 3;
section 73.
Consultation for the purposes of subsection (2), (3), (6) or (7) may be, or include, consultation before the day on which this Act is passed.
A power to make regulations under this section includes powers to make saving, transitional or transitory provision.
The power of the Department of Justice in Northern Ireland to make regulations under subsection (3) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
This Act may be cited as the Serious Crime Act 2015.
Section 46
The Serious Crime Act 2007 is amended as set out in this Schedule.
Section 1 (serious crime prevention orders) is amended as follows. After subsection (1) insert— In subsection (3), after “England and Wales” insert “ , Scotland ”. For subsection (5) substitute—
In section 2 (involvement in serious crime: England and Wales orders), in subsection (6)—
for “test in section” substitute “ tests in sections 2A(1) and ”;
after “serious crime in” insert “ Scotland or (as the case may be) ”.
After section 2 insert—
In section 3 (involvement in serious crime: Northern Ireland orders), in subsection (6)—
for “test in section 2(1)” substitute “ tests in sections 2(1) and 2A(1) ”;
at the end insert “ or (as the case may be) Scotland ”.
In section 4 (involvement in serious crime: supplementary), after subsection (4) insert—
In section 5 (type of provision that may be made by orders), in subsection (2), after “England and Wales”, in both places, insert “ , Scotland ”.
In section 7 (other exceptions), after subsection (1) insert—
In section 8 (limited class of applicants for making of orders)—
omit the word “and” at the end of paragraph (a);
after that paragraph insert—.
Section 9 (right of third parties to make representations) is amended as follows. In each of subsections (1) to (3), after “High Court” insert “ or (in Scotland) the appropriate court ”. After subsection (4) insert—
In section 10 (notice requirements in relation to orders), in subsection (4)—
omit the word “and” at the end of paragraph (a);
after that paragraph insert—.
Section 12 (restrictions for legal professional privilege) is amended as follows. In subsection (1), after “order” insert “ in England and Wales or Northern Ireland ”. After subsection (4) insert— In subsection (5), for “subsection (1) does not” substitute “ subsections (1) and (4A) do not ”.
In section 13 (restrictions on excluded material and banking information), in subsection (1)—
omit the word “and” at the end of paragraph (a);
after that paragraph insert—.
Section 17 (variation of orders) is amended as follows. After subsection (1) insert— In each of subsections (6)(a) and (7)(a), after “High Court” insert “ , the appropriate court ”.
Section 18 (discharge of orders) is amended as follows. In subsection (1)— In each of subsections (5)(a) and (6)(a), after “High Court” insert “ , the appropriate court ”.
In section 22 (inter-relationship between different types of order), at the end of the heading insert “ in England and Wales or Northern Ireland ”.
After that section insert—
After section 24 insert—
Section 27 (powers to wind up companies etc: England and Wales and Scotland) is amended as follows. In the heading omit the words “and Scotland”. In subsection (12) omit the words “or Scotland”—
After section 27 insert—
Section 29 (powers to wind up: supplementary) is amended as follows. After subsection (1) insert— In subsection (2)— After subsection (3) insert— In subsection (4)—
Section 31 (other partnerships) is amended as follows. In subsection (3), after “England and Wales”, in both places, insert “ , Scotland, ”. In subsection (6)(b) omit sub-paragraph (ii).
In section 32 (unincorporated associations) omit sub-paragraph (ii) of subsection (5)(b).
In section 34 (providers of information society services), in subsection (2)(a)—
omit the word “and” at the end of sub-paragraph (i);
after that sub-paragraph insert—.
After section 36 insert—
In section 39 (compliance with orders: authorised monitors), in the definition of “law enforcement agency” in subsection (10), after paragraph (zc) insert—.
Section 40 (costs in relation to authorised monitors) is amended as follows. In subsection (5), for “recoverable as if” substituterecoverable— . At the end of that subsection insert— After subsection (6) insert— In subsection (9), after paragraph (a) insert—.
appropriate court section 1(5) involvement in serious crime: Scotland orders sections 2A, 4 and 31(3) serious offence in Scotland section 2A(2)
In section 89 (orders)—
in subsection (1), for “, the Treasury or the Scottish Ministers” substitute “ or the Treasury ”;
in subsection (2)—
for “or the Treasury” substitute “ , the Treasury or the Scottish Ministers ”;
at the end insert “ or the Scottish Ministers consider appropriate. ”;
in subsection (6)—
for “statutory instrument” substitute “ the Secretary of State or the Treasury ”;
after “27(6) or (12),” insert “ , 27A(7) ”;
after subsection (6) insert—
In section 93 (extent), in subsection (2) (provisions that extend to England and Wales and Northern Ireland only) omit paragraph (a).
In Schedule 1 (serious offences), after Part 1 insert—
Section 54
A search and seizure warrant must be returned to the appropriate person (see sub-paragraph (2))— The appropriate person is— The appropriate person must retain a search and seizure warrant returned under sub-paragraph (1) for 12 months from the date of its return. If during that period the occupier of premises to which the search and seizure warrant relates asks to inspect it, he or she must be allowed to do so.
Entry and search under a search and seizure warrant must be within 3 months from the date of its issue.
Entry and search under a search and seizure warrant must be at a reasonable hour unless it appears to the police or customs officer executing it that the purpose of a search may be frustrated on an entry at a reasonable hour.
Where a police or customs officer has power under section 55 to seize a substance from premises, the officer or a person authorised under paragraph 1(2) may inspect or test the substance on the premises with a view to establishing whether or not it is a substance that is suitable for use as a drug-cutting agent.
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A service provider does not commit an offence under section 69(1) by storing information provided by a recipient of the service for transmission in a communication network if the first and second conditions are met. The first condition is that the storage of the information— The second condition is that the service provider— This sub-paragraph applies if the service provider obtains actual knowledge that—
In section 58A of the Courts and Legal Services Act 1990 (conditional fee agreements: supplementary), in subsection (2), after paragraph (f) insert—.
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The Schedule to the Street Offences Act 1959 (orders under section 1(2A): breach, amendment etc) is amended as follows. In paragraphs 2(3), 3(3) and 5(4), for paragraphs (a) and (b) substitute “a magistrates' court acting in the relevant local justice area”. In paragraph 9(2), for paragraphs (a) and (b) substitute “any magistrates' court”. Omit paragraph 9(4). In paragraph 10(4), for paragraphs (a) and (b) substitute “ to a prison ”. Omit paragraph 10(5). In paragraph 11(1) omit “youth court or other”.
In paragraph 3 of Schedule 1 to the Senior Courts Act 1981 (distribution of business to the family division of the High Court), after paragraph (h) insert—.
In Schedule 8 to the Courts Act 2003 omit paragraph 409 (which is spent as a result of the amendment made by section 14(1)).
Section 69
“communication device” means an item specified in section 1(3) of the Prisons (Interference with Wireless Telegraphy) Act 2012 (mobile telephones etc);
“Prohibited item” means an item within section 69(1). “Information society services”— “The E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce). “Recipient”, in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible. “Service provider” means a person providing an information society service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A service provider does not commit an offence under section 69(1) by providing access to a communication network or by transmitting, in a communication network, information provided by a recipient of the service, if the service provider does not— For the purposes of sub-paragraph (1)— include the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network. Sub-paragraph (2) does not apply if the information is stored for longer than is reasonably necessary for the transmission.
In section 108 of the Criminal Procedure (Scotland) Act 1995 (Lord Advocate's right of appeal against disposal), after paragraph (ca) of subsection (1) insert—.
In section 50 of the Criminal Appeal Act 1968 (meaning of “sentence”), in subsection (1), at the end of paragraph (ca) insert “ (but not a determination under section 10A of that Act) ”.
In section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of United Kingdom judgments in other parts of the United Kingdom), after paragraph (c) of subsection (6A) insert— The power conferred by section 52(2) of that Act (power to extend to Channel Islands, Isle of Man and British overseas territories) is exercisable in relation to the amendment of that Act made by sub-paragraph (1).
In the Crime and Security Act 2010 omit section 34 (which is spent as a result of the amendment made by section 51 above).
In section 116 of the Anti-social Behaviour, Crime and Policing Act 2014 (information about guests at hotels believed to be used for child sexual exploitation), in subsection (8)(a), for “prostitution and pornography” substitute “ sexual exploitation ”.
Section 175 of that Act (right of appeal from summary proceedings) is amended as follows. In subsection (4), after paragraph (ca) insert—. In subsection (4A)(b)(ii), for “or (ca)” substitute “ , (ca) or (cb) ”.
In section 222 of that Act (transfer of fine orders), in subsection (8), for “section 31 of the Powers of Criminal Courts Act 1973” substitute “ section 139 of the Powers of Criminal Courts (Sentencing) Act 2000 ”.
Section 85
In the Schedule to the Visiting Forces Act 1952 (offences referred to in section 3), in paragraph 1(b)(xi), before “the Female Genital Mutilation Act 2003” insert “ sections 1 to 3 of ”.
In section 30(3) of the Criminal Appeal (Northern Ireland) Act 1980 (meaning of “sentence”), at the end of paragraph (d) insert “ (but not a determination under section 160A of that Act) ”.
In each of the following provisions of the Computer Misuse Act 1990, for “six” substitute “ 12 ”
section 1(3)(b);
section 2(5)(b);
section 3(6)(b);
section 3A(5)(b).
In the Schedule to the Prevention of Social Housing Fraud Act 2013 (consequential amendments), omit paragraphs 14 and 22 (which are spent as a result of the amendments made by section 6 and paragraph 33 above).
In section 3A of that Act (making, supplying or obtaining articles for use in an offence under section 1 or 3), in the heading, for “section 1 or 3” substitute “ section 1, 3 or 3ZA ”.
In section 4 of that Act (territorial scope of offences), in the heading, for “sections 1 to 3” substitute “ this Act ”.
Section 6 of that Act (territorial scope of inchoate offences) is amended as follows. In the heading, for “sections 1 to 3” substitute “ this Act ”. In subsection (1), for “section 1, 2 or 3 above” substitute “ this Act ”. In subsection (2), for “section 3 above” substitute “ this Act ”.
Section 9 of that Act (British citizenship immaterial) is amended as follows. In subsection (1), at the beginning insert “ Except as provided by section 5(1A), ”. In subsection (2)(a), for “section 1, 2 or 3 above” substitute “ this Act ”. In subsection (2)(c), for “section 3 above” substitute “ this Act ”.
In section 10 of that Act, for the heading substitute “ Savings ”.
In section 63 of the Family Law Act 1996 (interpretation of Part 4), in subsection (2), after paragraph (i) insert—.
In the Serious Organised Crime and Police Act 2005 omit sections 79 to 81 (financial reporting orders).
In section 175 of that Act (penalties for offences: transitional modification for England and Wales), in the table in subsection (3) omit the entry for section 79(10)(a)(i).
Section 179 of that Act (extent etc) is amended as follows. In subsection (3)(b), for “79” substitute “ 82. ” In subsection (4)(a) omit “77 and”. In subsection (5)(b), for “79” substitute “ 82 ”. In subsection (6) omit paragraph (b).
“prohibited item” means an item within subsection (1).
In Schedule 3 to the Criminal Justice Act 2003 omit paragraph 75(3) (which is spent as a result of the amendment made by section 9(1)).
In Schedule 2 to the Armed Forces Act 2006 (which lists serious offences the possible commission of which, if suspected, must be referred to a service police force), in paragraph 12—
after paragraph (ak) insert—;
at the end insert—
“search and seizure warrant” means a warrant under section 52;
Schedule 15 to that Act (specified offences for purposes of Chapter 5 of Part 12) is amended as follows. After paragraph 116 insert— In paragraph 136, for “child prostitution or pornography” substitute “ sexual exploitation of a child ”. In paragraph 137, for “prostitute or a child involved in pornography” substitute “ in relation to sexual exploitation ”. In paragraph 138, for “child prostitution or pornography” substitute “ sexual exploitation of a child ”.
“abusing children sexually” means doing anything that constitutes—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 34A to that Act (child sex offences for purposes of section 327A) is amended as follows. In paragraph 7(b), for “15” substitute “ 15A ”. In paragraph 7(e), for “abuse of children through prostitution and pornography” substitute “ sexual exploitation of children ”. After paragraph 13A insert—
an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
In section 17 of the Terrorism Act 2006 (commission of offences abroad), in subsection (2)(a)—
omit “or 6”;
omit “, instruction or training”.
In the Policing and Crime Act 2009, in the heading of Part 4, after “violence” insert “ and drug-dealing activity ”.
In section 35 (contents of injunctions), in subsection (2)(e), after “violence” insert “ or drug-dealing activity ”.
“drug-dealing activity” has the meaning given by section 34(7);