Policing and Crime Act 2009
In section 6(2) of the Police Act 1996 (c. 16) (matters to which police authorities must have regard in discharging their functions) after paragraph (a) insert—.
In section 54(2A) of that Act (inspection and report powers of inspectors of constabulary) after “with” insert “ the requirement to have regard to the views of people in its area about policing in that area and its compliance with ”.
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In section 54 (appointment and functions of inspectors of constabulary) omit subsection (3A) (delegation of Secretary of State's functions relating to approval of appointments, etc).
The Police Senior Appointments Panel.
The Police Senior Appointments Panel
In section 50 of the Police Act 1996 (c. 16) (regulations for police forces) after subsection (6) insert—
The Police Act 1996 is amended as follows.
In section 9F (Assistant Commissioners of Police of the Metropolis) for subsection (2) substitute—
In section 9FA (Deputy Assistant Commissioners of Police of the Metropolis) for subsection (2) substitute—
In section 9G (Commanders in the metropolitan police force) for subsection (2) substitute—
For section 23 of the Police Act 1996 substitute—
Section 93 of the Police Act 1997 (c. 50) (rules for grant of authorisations) is amended as follows.
In subsection (3) after “application made—” insert—.
In subsection (3)(a), for “subsection (5)(a)” substitute “ subsection (5)(d) ”.
After subsection (3) insert—
In subsection (6)—
in paragraph (a), after “subsection (5)” insert “ to whom an application is made by virtue of subsection (3)(za)(i) ”;
after paragraph (a) insert—; and
in paragraph (b), for “that subsection” substitute “ subsection (5) ”.
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The Regulation of Investigatory Powers Act 2000 (c. 23) is amended as follows.
In section 22 (obtaining and disclosing communications data) after subsection (3) insert—
In section 23 (form and duration of authorisations and notices), in subsection (3) at the end insert “(subject to subsections (3A) and (3D))”.
In that section, after subsection (3) insert—
Section 29 of the Regulation of Investigatory Powers Act 2000 (c. 23) (authorisation of covert human intelligence sources) is amended as follows.
In subsection (2) for paragraph (c) substitute—
After subsection (2) insert—
After subsection (4) insert—
After subsection (7) insert—
After subsection (9) insert—
Section 33 of the Regulation of Investigatory Powers Act 2000 (c. 23) (rules for grant of authorisations) is amended as follows.
In subsection (1), at the end insert “ (subject to subsections (1ZB) and (1ZE)) ”.
After subsection (1), insert—
In subsection (3), at the beginning insert “ “Subject to subsections (3ZB) and (3ZE),” ”.
After subsection (3) insert—
After subsection (5) insert—
After section 97 of the Police Act 1996 (c. 16) insert—
After section 11 of the Police Pensions Act 1976 (c. 35) insert—
In section 63(3) of the Police Act 1996 (consultation of Police Advisory Board for England and Wales)—
after paragraph (c) insertor , and
for “draft of the regulations or rules” substitute “ draft of the regulations, rules or order ”.
Section 53 of the Police Act 1996 (regulations as to standard of equipment) is amended as follows.
In subsection (1A)—
in paragraphs (a), (b), (c) and (e) for “all police forces in England and Wales” substitute “ one or more police forces ”, and
in paragraph (d) for “police forces in England and Wales” substitute “ one or more police forces ”.
In subsection (1B) for “generally of the police forces maintained for police areas in England and Wales” substitute “ of one or more police forces ”.
In subsection (2C) before paragraph (a) insert—.
Section 53A of the Police Act 1996 (c. 16) (regulation of procedures and practices) is amended as follows.
In subsection (1) for “all police forces in England and Wales” substitute “ one or more police forces ”.
In subsection (7)(a) after “in order to” insert— .
In section 57(3) of the Police Act 1996 (regulations requiring police forces to use specified facilities or services) for “all police forces in England and Wales” substitute “ one or more police forces ”.
After section 53 of the Sexual Offences Act 2003 (c. 42) insert—
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The Street Offences Act 1959 (c. 57) is amended as follows.
In subsection (1) of section 1 (loitering or soliciting for purposes of prostitution)—
for “common prostitute” substitute “ person ”, and
after “female)” insert “ persistently ”.
In subsection (4) of that section after “section” insert— .
Omit section 2 (application to court by person cautioned for loitering or soliciting).
In determining for the purposes of section 1 of the Street Offences Act 1959 (c. 57) (as amended by this section) whether a person's conduct is persistent, any conduct that takes place before the commencement of this section is to be disregarded.
The Street Offences Act 1959 is amended as follows.
In section 1 (loitering or soliciting for purposes of prostitution) after subsection (2) insert—
After section 1 insert—
At the end of the Act insert the Schedule set out in Schedule 1 to this Act.
The Rehabilitation of Offenders Act 1974 (c. 53) is amended as follows.
In section 5 (rehabilitation periods for particular sentences) after subsection (4C) insert—
In section 6 of that Act (the rehabilitation period applicable to a conviction) after subsection (3) insert—
Before section 52 of Sexual Offences Act 2003 (c. 42) (but after the italic heading, which becomes “Prostitution”) insert—
For Articles 60 and 61 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 1769 (N.I. 2)) (kerb-crawling and persistent soliciting) substitute—
Schedule 2 (which amends the Sexual Offences Act 2003 to make provision about closure orders for premises used for activities related to certain sexual offences) has effect.
For the purposes of sections 136B(3) and (4) and 136D(6) and (7) of the 2003 Act (as inserted by Schedule 2), it does not matter whether the offence or offences were committed before, or on or after, the date on which this section is commenced.
The Sexual Offences Act 2003 (c. 42) is amended as follows.
After section 132 insert—
In section 136 (modifications for Northern Ireland) after subsection (4) insert—
The amendments made by this section apply to a complaint made after the commencement of this section even if the matter of complaint arose more than 6 months before the making of the complaint.
In the following provisions of the Sexual Offences Act 2003 for “under 16”, wherever occurring, substitute “ under 18 ”
section 115(2) (definition of “protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom”), and
section 116(2)(b), (c)(ii) and (iii) and (d) (“qualifying offenders”: offences).
The amendments made by this section apply for the purposes of the making, variation, renewal or discharge of orders after the commencement of this section.
In section 117(1) of the Sexual Offences Act 2003 (foreign travel orders: effect) for “6 months” substitute “ 5 years ”.
The amendment made by this section applies in relation to orders made, varied or renewed after the commencement of this section.
The Sexual Offences Act 2003 is amended as follows.
After section 117 insert—
In section 122 (breach of foreign travel order) after subsection (1) insert—
The amendment made by subsection (2) applies in relation to orders made, varied or renewed after the commencement of this section.
Section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) (failure to comply with notice relating to encrypted information) is amended as follows.
In subsection (5A)(a) after “case” insert “ “or a child indecency case” ”.
After subsection (5B) insert—
The amendments made by this section apply in relation to cases in which the section 49 notice was given after the commencement of this section.
Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) (control of sex establishments) is amended as follows.
In paragraph 2 (meaning of “sex establishment”) after “means a” insert “ sexual entertainment venue, ”.
After paragraph 2 insert—
In paragraph 9(1) (duration of licence) after “paragraph 16” insert “ or 27A below ”.
In paragraph 12(3) (refusal of licences) for paragraph (c) substitute—.
In paragraph 13 (power to prescribe standard conditions)—
in sub-paragraph (2)(a) after “for” insert “ sexual entertainment venues, ”,
in sub-paragraph (2)(b) after “of” insert “ sexual entertainment venues, ”, and
in sub-paragraph (3) for paragraph (d) (as originally enacted) substitute—
In paragraph 19 (fees in relation to applications) after “grant,” insert “ variation, ”.
After paragraph 25 (powers of constables and local authority officers) insert—
After paragraph 27(10) (appeals) insert—
After paragraph 27 (appeals) insert—
Schedule 3 (provisions which are transitional on this section) has effect.
In section 147A(1)(a) of the Licensing Act 2003 (c. 17) (offence of selling alcohol to children on different occasions) for “3 or more different occasions” substitute “ 2 or more different occasions ”.
Section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (c. 33) (confiscation of alcohol from young persons in a public place etc) is amended as follows.
In subsection (1) omit “and to state his name and address”.
After subsection (1) insert—
Subsection (1A) is omitted.
In subsection (3) after “subsection (1)” insert “ or (1AA) ”.
In subsection (4) after “that subsection” insert “ or (1AA) ”.
In subsection (6) omit “and (1A)”.
A person under the age of 18 is guilty of an offence if, without reasonable excuse, the person is in possession of alcohol in any relevant place on 3 or more occasions within a period of 12 consecutive months.
“Relevant place”, in relation to a person, means—
any public place, other than excluded premises, or
any place, other than a public place, to which the person has unlawfully gained access.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
For the purposes of subsection (2) a place is a public place if at the material time the public or any section of the public has access to it, on payment or otherwise, as of right or by virtue of express or implied permission.
In subsection (2) “excluded premises”—
in relation to England and Wales, means—
premises which may by virtue of Part 3 or 5 of the Licensing Act 2003 (c. 17) (premises licence or permitted temporary activity) be used for the supply of alcohol,
premises which may by virtue of Part 4 of that Act (club premises certificate) be used for the supply of alcohol to members or guests,
in relation to Northern Ireland, means—
licensed premises within the meaning of the 1996 Licensing Order,
premises of a club registered under the Registration of Clubs (Northern Ireland) Order 1996 (S.I. 1996/3159 (N.I. 23)),
premises for which an occasional licence (within the meaning of the 1996 Licensing Order) has been granted.
In this section “alcohol”—
in relation to England and Wales, has the same meaning as in the Licensing Act 2003,
in relation to Northern Ireland, has the same meaning as “intoxicating liquor” in the 1996 Licensing Order.
References in this section to the 1996 Licensing Order are to the Licensing (Northern Ireland) Order 1996 (S. I. 1996/3158 (N. I. 22)).
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Section 27 of the Violent Crime Reduction Act 2006 (c. 38) (power to require person to leave a public place etc) is amended as follows.
In subsection (1) for “aged 16 or over” substitute “aged 10 or over”.
After subsection (4) insert—
Schedule 4 (which makes provision about mandatory licensing conditions relating to alcohol) has effect.
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A court may grant an injunction under this section against a respondent aged 14 or over if the first and second conditions are met.
The first condition is that the court is satisfied on the balance of probabilities that the respondent has engaged in or has encouraged or assisted—
gang-related violence, or
gang-related drug-dealing activity.
The second condition is that the court thinks it is necessary to grant the injunction for either or both of the following purposes—
to prevent the respondent from engaging in, or encouraging or assisting, gang-related violence or gang-related drug-dealing activity;
to protect the respondent from gang-related violence or gang-related drug-dealing activity.
An injunction under this section may (for either or both of those purposes)—
prohibit the respondent from doing anything described in the injunction;
require the respondent to do anything described in the injunction.
For the purposes of this section, something is “gang-related” if it occurs in the course of, or is otherwise related to, the activities of a group that—
consists of at least three people, and
has one or more characteristics that enable its members to be identified by others as a group.
consists of at least 3 people,
In this section “ violence ” includes a threat of violence.
uses a name, emblem or colour or has any other characteristic that enables its members to be identified by others as a group, and
In this Part “ drug-dealing activity ” means—
the unlawful production, supply, importation or exportation of a controlled drug, or
the unlawful production, supply, importation or exportation of a psychoactive substance.
is associated with a particular area.
In subsection (7)—
in paragraph (a), “production”, “supply” and “controlled drug” have the meaning given by section 37(1) of the Misuse of Drugs Act 1971;
in paragraph (b), “production”, “supply” and “psychoactive substance” have the meaning given by section 59 of the Psychoactive Substances Act 2016.
This section applies in relation to an injunction under section 34.
The prohibitions included in the injunction may, in particular, have the effect of prohibiting the respondent from—
being in a particular place;
being with particular persons in a particular place;
being in charge of a particular species of animal in a particular place;
wearing particular descriptions of articles of clothing in a particular place;
using the internet to facilitate or encourage violence or drug-dealing activity.
The requirements included in the injunction may, in particular, have the effect of requiring the respondent to—
notify the person who applied for the injunction of the respondent's address and of any change to that address;
be at a particular place between particular times on particular days;
present himself or herself to a particular person at a place where he or she is required to be between particular times on particular days;
participate in particular activities between particular times on particular days.
A requirement of the kind mentioned in subsection (3)(b) may not be such as to require the respondent to be at a particular place for more than 8 hours in any day.
The prohibitions and requirements included in the injunction must, so far as practicable, be such as to avoid—
any conflict with the respondent's religious beliefs, and
any interference with the times, if any, at which the respondent normally works or attends any educational establishment.
Nothing in subsection (2) or (3) affects the generality of section 34(4).
In subsection (2) “place” includes an area.
This section applies in relation to an injunction under section 34.
The injunction may not include a prohibition or requirement that has effect after the end of the period of 2 years beginning with the day on which the injunction is granted (“the injunction date”).
The court may order the applicant and the respondent to attend one or more review hearings on a specified date or dates.
If any prohibition or requirement in the injunction is to have effect after the end of the period of 1 year beginning with the injunction date, the court must order the applicant and the respondent to attend a review hearing on a specified date within the last 4 weeks of the 1 year period (whether or not the court orders them to attend any other review hearings).
A review hearing is a hearing held for the purpose of considering whether the injunction should be varied or discharged.
Where— the court must order the applicant and the respondent to attend a review hearing on a specified date within that period.
the respondent is under the age of 18 on the injunction date, and
any prohibition or requirement in the injunction is to have effect after the respondent reaches that age and for at least the period of four weeks beginning with the respondent's 18th birthday,
The court may attach a power of arrest in relation to—
any prohibition in the injunction, or
any requirement in the injunction, other than one which has the effect of requiring the respondent to participate in particular activities.
If the court attaches a power of arrest, it may specify that the power is to have effect for a shorter period than the prohibition or requirement to which it relates.
An application for an injunction under section 34 may be made by—
the chief officer of police for a police area,
the chief constable of the British Transport Police Force, or
a local authority.
In this Part “local authority” means—
in relation to England, a district council, a county council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
in relation to Wales, a county council or a county borough council.
Before applying for an injunction under section 37, the applicant must comply with the consultation requirement.
The consultation requirement is that the applicant must consult—
any local authority, and any chief police officer, that the applicant thinks it appropriate to consult, and
any other body or individual that the applicant thinks it appropriate to consult.
where the respondent is under the age of 18 (and will be under that age when the application is made), the youth offending team established under section 39 of the Crime and Disorder Act 1998 in whose area it appears to the applicant that the respondent resides, and
If it appears to the applicant that the respondent resides in the area of two or more youth offending teams, the obligation in subsection (2)(aa) is to consult such of those teams as the applicant thinks appropriate.
An application under section 37 may be made without the respondent being given notice.
In this Part, such an application is referred to as an application without notice.
Section 38(1) does not apply in relation to an application without notice.
If an application without notice is made the court must either—
dismiss the application, or
adjourn the proceedings.
If the court acts under subsection (4)(b), the applicant must comply with the consultation requirement before the date of the first full hearing.
In this section “full hearing” means a hearing of which notice has been given to the applicant and respondent in accordance with rules of court.
This section applies if—
the court adjourns the hearing of an application for an injunction under section 34, and
the respondent was notified of the hearing in accordance with rules of court.
The court may grant an interim injunction if it thinks that it is just and convenient to do so.
An interim injunction under this section may include any provision which the court has power to include in an injunction granted under section 34 (including a power of arrest).
This section applies if—
an application without notice is made by virtue of section 39, and
the proceedings are adjourned (otherwise than at a full hearing within the meaning of that section).
The court may grant an interim injunction if it thinks that it is necessary to do so.
An interim injunction under this section may not have the effect of requiring the respondent to participate in particular activities.
Except as provided by subsection (3), an interim injunction under this section may include any provision which the court has power to include in an injunction granted under section 34 (including a power of arrest).
The court may vary or discharge an injunction under this Part if—
a review hearing is held, or
an application to vary or discharge the injunction is made.
An application to vary or discharge the injunction may be made by—
the person who applied for the injunction;
the respondent.
The power to vary an injunction includes power to—
include an additional prohibition or requirement in the injunction;
extend the period for which a prohibition or requirement in the injunction has effect (subject to section 36(2));
attach a power of arrest or extend the period for which a power of arrest attached to the injunction has effect.
Section 36(4) does not apply where an injunction is varied to include a prohibition or requirement which is to have effect as mentioned in that provision but the variation is made within (or at any time after) the period of 4 weeks mentioned in it.
Before applying for the variation or discharge of an injunction, a person mentioned in subsection (2)(a) must notify the persons consulted under section 38(1) or 39(5).
Where— the court must order the applicant and the respondent to attend a review hearing on a specified date within that period.
the respondent is under the age of 18 on the injunction date, and
any prohibition or requirement in the injunction is to have effect after the respondent reaches that age and for at least the period of four weeks beginning with the respondent's 18th birthday,
If an application to vary or discharge an injunction under this Part is dismissed, no further application to vary or discharge it may be made by any person without the consent of the court.
This section applies if a power of arrest is attached to a provision of an injunction under this Part.
A constable may arrest without warrant a person whom the constable has reasonable cause to suspect to be in breach of the provision.
If a constable arrests a person under subsection (2), the constable must inform the person who applied for the injunction.
A person arrested under subsection (2) must be brought before a relevant judge within the period of 24 hours beginning with the time of the arrest.
If the matter is not disposed of when the person is brought before the judge, the judge may remand the person.
In calculating when the period of 24 hours mentioned in subsection (4) ends, Christmas Day, Good Friday and any Sunday are to be disregarded.
In this Part “relevant judge”, in relation to an injunction, means a judge of the court that granted the injunction, except that where— it means a judge of the county court.
the respondent is aged 18 or over, but
the injunction was granted by a youth court,
This section applies in relation to an injunction under this Part.
If the person who applied for the injunction considers that the respondent is in breach of any of its provisions, the person may apply to a relevant judge for the issue of a warrant for the arrest of the respondent.
A relevant judge may not issue a warrant on an application under subsection (2) unless the judge has reasonable grounds for believing that the respondent is in breach of any provision of the injunction.
If a person is brought before a court by virtue of a warrant under subsection (3), but the matter is not disposed of, the court may remand the person.
This section applies in relation to a person who is brought before the relevant judge or the court under section 43 or 44.
If the relevant judge or the court has reason to consider that a medical report will be required, the judge or the court may remand the person under section 43(5) or (as the case may be) 44(4) for the purpose of enabling a medical examination to take place and a report to be made.
If the person is remanded in custody for that purpose, the adjournment may not be for more than 3 weeks at a time.
If the person is remanded on bail for that purpose, the adjournment may not be for more than 4 weeks at a time.
If the relevant judge or the court has reason to suspect that the person is suffering from a mental disorder within the meaning of the Mental Health Act 1983, the judge or the court has the same power to make an order under section 35 of that Act (remand for report on accused's medical condition) as the Crown Court has under that section in the case of an accused person (within the meaning of that section).
Schedule 5 (which makes further provision about the remand of a person under sections 43(5) and 44(4)) has effect.
Schedule 5A (which makes provision about the powers of the court in relation to breach of an injunction by a respondent aged under 18) has effect.
The Secretary of State must issue guidance relating to injunctions under this Part.
The Secretary of State may revise any guidance issued under subsection (1).
Before issuing or revising any guidance under this section the Secretary of State must consult the Lord Chief Justice of England and Wales and such other persons as the Secretary of State thinks appropriate.
The Secretary of State must lay any guidance issued or revised under this section before Parliament.
The Secretary of State must publish any guidance issued or revised under this section.
Each of the following must have regard to any guidance published under subsection (5)—
a chief officer of police for a police area;
the chief constable of the British Transport Police Force;
a local authority.
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Rules of court may provide that an appeal from a decision ... to which this subsection applies may be made without notice being given to the respondent.
Subsection (2) applies—
to a decision under section 39(4)(a) that an application without notice be dismissed, and
to a decision to refuse to grant an interim injunction under section 41.
In relation to a respondent attaining the age of 18 after the commencement of proceedings under this Part, rules of court may—
provide for the transfer of the proceedings from a youth court to the High Court or the county court;
prescribe circumstances in which the proceedings may or must remain in a youth court.
In this Part—
“false”, in relation to an identity document, has the same meaning as it has in section 9(1) of the Forgery and Counterfeiting Act 1981 (c. 45) in relation to an instrument,
In section 55 of the Energy Act 2004 (members of the Civil Nuclear Constabulary) after subsection (4) insert—
“review hearing” has the meaning given by section 36(5);
“document” includes an article, or a combination of a document and an article, which is a card within the meaning of the Identity Cards Act 2006 (c. 15),
In section 40B(7) of the Police Act 1996 (c. 16) (report about direction given by Secretary of State), for “subsection (7)” substitute “subsection (6)”.
“document” includes an article, or a combination of a document and an article, in or on which information is or may be recorded,
The repeal of section 30 of the 1982 Act by paragraph 11 of this Schedule does not affect— In relation to any time on or after commencement, any reference in a provision of a section 30 order to a designated airport is (if that provision is capable of having continuing effect) to be read as a reference to a relevant aerodrome. In this paragraph “commencement” and “the 1982 Act” have the same meanings as in paragraph 14.
In the Schedule to the Child Abduction Act 1984 (modifications of section 1 in certain cases) in paragraph 2—
omit the word “or” at the end of sub-paragraph (1)(a) and insert—, and
at the end of sub-paragraph (1)(b) insert; or
In Part 2 of Schedule 1 to the Licensing Act 2003 (activities which are not regulated entertainment) after paragraph 11 insert—
Omit section 22A of the Prosecution of Offences Act 1985 (c. 23).
The Crime and Disorder Act 1998 (c. 37) is amended as follows. Omit sections 14 and 15 (which make provision for local child curfew schemes and for the enforcement of curfew notices). In section 16 (removal of truants to designated premises), in subsection (5), in the definition of “public place”, for “section 14 above” substitute “Part 2 of the Public Order Act 1986”.
“violence” includes violence against property.
The provisions of this Schedule apply where the court has power to remand a person under section 43(5) or 44(4). In this Schedule, “the court” means the High Court or a county court and includes—
The court may when remanding a person on bail under this Schedule require the person to comply, before release on bail or later, with such requirements as appear to the court to be necessary to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice.
Section 32 of the Children and Young Persons Act 1969 (detention of absentees) is amended as follows. In subsection (1A)— In subsection (1C)— In subsection (2A) for “(1A)(a) or (b)(i) or (ii)” substitute “(1A)(a), (aa) or (b)(i), (ii) or (iia)”. The amendments made by this paragraph extend to England and Wales, Scotland and Northern Ireland only.
In section 21 of the Children Act 1989 (provision for accommodation for children in detention or on remand etc.), in subsection (2), omit the word “or” at the end of paragraph (c)(ii) and insert—.
In section 54 of the Sexual Offences Act 2003 (meaning of “gain”, “prostitute” and “prostitution”)—
in subsection (1) for “sections 52 and 53” substitute “sections 52, 53 and 53A”,
in subsection (2) for “those sections” substitute “sections 51A, 52, 53 and 53A”,
after subsection (2) insert—, and
in the heading for “sections 52 and 53” substitute “sections 51A to 53A”.
The Bankruptcy (Scotland) Act 1985 is amended as follows.
The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows. In section 61 (fingerprinting in England and Wales) omit subsection (8A). In section 63 (non-intimate samples in England and Wales) omit subsection (9A) (inserted by the Criminal Justice and Police Act 2001 (c. 16)).
Schedule 5 to that Act (other offences in respect of which power to make sexual offences prevention order applies) is amended as follows. After paragraph 60 insert— After paragraph 106 insert— After paragraph 168 insert—
In section 7(1) (meaning of apparent insolvency)—
in paragraph (b) after “restraint order” insert “, detained under or by virtue of a relevant detention power”, and
after the definition of “charging order” insert—.
The Police and Criminal Evidence (Northern Ireland) Order 1989 (S. I. 1989/1341 (N. I. 12)) is amended as follows. In Article 61 (fingerprinting in Northern Ireland) omit paragraph (8B). In Article 63 (non-intimate samples in Northern Ireland) omit paragraph (10A).
Section 31A (property subject to restraint order) is amended as follows. In subsection (1)— For subsection (2) substitute—
After section 31A insert—
In section 31B(1)(a) (property in respect of which receivership or administration order is made) for “section 420(2)(b), (c) or (d)” substitute “section 420(2)(c)”.
After section 31B insert—
Section 31C (property subject to certain orders where confiscation order discharged or quashed) is amended as follows. In subsection (1)(a) for the words from “in respect” to “force” substitute “excluded from debtor’s estate”. For subsection (2) substitute—
“relevant judge” has the meaning given by section 43(7);
Any reference in this Part to an injunction under this Part includes a reference to an interim injunction.
The Secretary of State must—
review the operation of this Part, and
prepare and publish a report on the outcome of the review.
The report must be published before the end of the period of 3 years beginning with the day on which this Part comes into force.
The Secretary of State must lay the report before Parliament.
An appeal lies to the Crown Court against a decision of a youth court made under this Part.
On an appeal under this section the Crown Court may make—
whatever orders are necessary to give effect to its determination of the appeal;
whatever incidental or consequential orders appear to it to be just.
An order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a youth court) is to be treated for the purposes of section 42 as an order of a youth court.
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
In section 55 (sums received by designated officer in England and Wales) for subsection (7) substitute—
In section 203 (sums received by chief clerk in Northern Ireland) for subsection (7) substitute—
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
After section 41 insert—
After section 44 insert—
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
Sub-paragraph (2) applies if a local authority has, before the coming into force of section 27, resolved under section 2 of the 1982 Act that Schedule 3 to that Act is to apply to the area of the local authority. The amendments made by section 27 do not apply to the area of the local authority concerned and the resolution concerned does not apply to the Schedule as amended by section 27 but the local authority may resolve that the Schedule as amended by section 27 is to apply to their area. Section 2 of the 1982 Act has effect in relation to a resolution under sub-paragraph (2) that Schedule 3 to that Act as amended by section 27 is to apply to the area of a local authority as section 2 of that Act has effect in relation to any resolution under that section that the Schedule is to apply to the area of a local authority. The definition of “the appropriate authority” in paragraph 5 of Schedule 3 to the 1982 Act has effect as if the reference to a resolution under section 2 of that Act included a reference to a resolution under sub-paragraph (2).
After section 19(3) of the Licensing Act 2003 (c. 17) (mandatory conditions where licence authorises supply of alcohol) insert—
Schedule 2 to the Access to Justice Act 1999 (community legal service: excluded services) is amended as follows. In paragraph 2(3) (magistrates’ court proceedings in which advocacy may be funded as part of the Community Legal Service)— In paragraph 3(1) (certain Crown Court proceedings in which advocacy may be funded as part of the Community Legal Service)—
The Proceeds of Crime Act 2002 is amended as follows.
After section 120 insert—
In section 7 (recoverable amount for the purpose of confiscation orders: England and Wales) in subsection (4) for the words from “any property” to the end substitutethe following must be ignored—
Section 82 (definition of “free property”) is amended as follows. At the beginning insert— The existing text becomes subsection (2). In that subsection for “Property is free unless” substitute “Property falls within this subsection if”. At the end insert—
In section 93 (recoverable amount for the purpose of confiscation orders: Scotland) in subsection (4) for the words from “any property” to the end substitutethe following must be ignored—
Section 148 (definition of “free property”) is amended as follows. At the beginning insert— The existing text becomes subsection (2). In that subsection for “Property is free unless” substitute “Property falls within this subsection if”. At the end insert—
In section 157 (recoverable amount for the purpose of confiscation orders: Northern Ireland) in subsection (4) for the words from “any property” to the end substitutethe following must be ignored—
Section 230 (definition of “free property”) is amended as follows. At the beginning insert— The existing text becomes subsection (2). In that subsection for “Property is free unless” substitute “Property falls within this subsection if”. At the end insert—
In section 278 (limit on recovery by recovery order) after subsection (6) insert—
In section 300(1) (application of cash forfeited by court under section 298) for “this Chapter” substitute “section 298”.
Section 301 (victims and other owners: application for release of cash) is amended as follows. In subsection (4)(c) for the words from “the conditions” to “that section” substitute “the release condition is met”. After subsection (4) insert—
Section 302 (compensation) is amended as follows. For subsection (1) substitute— After subsection (7B) insert—
In section 341(3A)(a) and (b) (definition of detained cash investigation) for “section 295” substitute “that Chapter”.
In paragraph 3(3) of Schedule 10 (capital gains tax) after “under section” insert “297C or”.
“respondent” means the person in respect of whom an application for an injunction is made or (as the context requires) the person against whom such an injunction is granted;
After section 122 insert—
In Article 58 of the Sexual Offences (Northern Ireland) Order 2008—
in paragraph (3) omit “In paragraph (2),”,
omit paragraph (6), and
in paragraph (7) for “61” substitute “60”.
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
After section 190 insert—
After section 193 insert—
In paragraph 3(j) of Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (proceedings in a court of summary jurisdiction in respect of which legal aid may be given under Article 9) after “295, 297,” insert “297E, 297F,”.
In paragraph 2(d)(xii) of Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (civil legal services: proceedings in a court of summary jurisdiction in which representation may be funded) after “295, 297,” insert “297E, 297F,”.
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
After section 47 insert—
Omit section 45 (seizure).
In section 69 (powers of court and receiver)—
in subsection (1) after paragraph (b) insert—
at the end of the heading insert “ etc. ”.
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
After section 127 insert—
Omit section 126 (seizure).
In section 132 (powers of court and administrator)—
in subsection (1) after paragraph (b) insert—
at the end of the heading insert “ etc ”.
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
After section 195 insert—
Omit section 194 (seizure).
In section 217 (powers of court and receiver)—
in subsection (1) after paragraph (b) insert—
at the end of the heading insert “ etc ”.
In section 459 (orders and regulations)—
in subsection (7A) after “section” (the second time it appears) insert “195T(5),”,
in subsection (7B) after “section” insert “195T(5),
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
After section 67 insert—
Accordingly, at the end of the cross-heading immediately above that section insert “ and personal property ”.
In section 55(3)(b) (payment of sums received by designated officer under section 54 or otherwise: insolvency practitioners' expenses) after “section 54(2)(a)” insert “ or 67D(2)(a) ”.
In section 55(4) (payment of sums received by designated officer under section 54)—
after “section 54” insert “ or 67D ”,
in paragraph (b) for “the receiver” substitute “ any receiver ”, and
after paragraph (b) insert—
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
After section 131 insert—
In section 131 (sums received by clerk of court)—
in subsection (3)(b) after “section 130(3)(a)” insert “ or 131D(2)(a) ”,
in subsection (5) after “130” insert “ or 131D ”, and
after subsection (5) insert—
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
After section 215 insert—
Accordingly, at the end of the cross-heading immediately above that section insert “ and personal property ”.
In section 203(3)(b) (payment of sums received by chief clerk under section 202 or otherwise: insolvency practitioners' expenses) after “section 202(2)(a)” insert “ or 215D(2)(a) ”.
In section 203(4) (payment of sums received by chief clerk under section 202)—
after “section 202” insert “ or 215D ”,
in paragraph (b) for “the receiver” substitute “ any receiver ”, and
after paragraph (b) insert—
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
In section 72 (serious default in England and Wales) in subsection (9)—
after paragraph (b) insert—, and
after paragraph (e) insert—
In section 139 (serious default in Scotland) after paragraph (c) of subsection (9) insert—.
Subsection (9) of section 220 (serious default in Northern Ireland) is amended as follows.
In paragraph (b), for “a member of the Director of Public Prosecutions for Northern Ireland” substitute “ a member of the Public Prosecution Service for Northern Ireland ”.
After paragraph (b) insert—.
After paragraph (e) insert—
In the following provisions for “twelve years” substitute “ 20 years ”
sections 27A(2) and 27B(2) of the Limitation Act 1980 (c. 58) (civil recovery of property obtained through unlawful conduct etc),
sections 19B(2) and 19C(2) of the Prescription and Limitation (Scotland) Act 1973 (c. 52) (equivalent provisions for Scotland), and
Articles 72A(2) and 72B(2) of the Limitation (Northern Ireland) Order 1989 (S.I. 1339 (N.I. 11)) (equivalent provisions for Northern Ireland).
The amendments made by this section—
apply to causes of action which accrued before, as well as to causes of action which accrue after, the commencement of this section, but
do not apply to causes of action barred by the provisions mentioned in subsection (1) before the commencement of this section.
Section 289 of the Proceeds of Crime Act 2002 (c. 29) (searches) is amended as set out in subsections (2) to (4).
After subsection (1) insert—
In subsection (4) for the words from “exercising” to the end substitutemay—
In subsection (5)(c) for the words from “premises” to the end substitutethe following—
In section 295(2)(a) of the Proceeds of Crime Act 2002 (c. 29) (period for which court may authorise further detention of seized cash) for “three months” substitute “ six months ”.
The amendment made by subsection (1) applies in relation to cash seized before or after the commencement of this section.
After section 297 of the Proceeds of Crime Act 2002 insert—
In section 298(1) of that Act (forfeiture by court order) after “section 295” insert “ , 297C or 297D ”.
In section 299(4) of that Act (appeal against forfeiture order: release of cash) for “order the release of the cash” substitute “ order the release of the whole or any part of the cash ”.
In section 297A(1) of that Act (inserted by subsection (1) above) the reference to an order includes an order made before the commencement of this section.
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
In section 343 (judges)—
in subsection (2) for “or a money laundering investigation” substitute “ , a money laundering investigation or a detained cash investigation ”, and
in subsection (3) omit “or a detained cash investigation”.
In section 344 (courts)—
in paragraph (a) for “or a money laundering investigation” substitute “ , a money laundering investigation or a detained cash investigation ”, and
in paragraph (b) omit “or a detained cash investigation”.
In section 350 (government departments), in subsection (5)—
in paragraph (a) for “or a money laundering investigation” substitute “ , a money laundering investigation or a detained cash investigation ”, and
in paragraph (b) omit “or a detained cash investigation”.
In section 351 (supplementary provisions in connection with production orders and orders to grant entry), in subsection (8) omit “or a detained cash investigation”.
In section 355 (further provisions: confiscation and money laundering), in subsection (1)(a) for “or a money laundering investigation” substitute “ , a money laundering investigation or a detained cash investigation ”.
In section 356 (further provisions: civil recovery and detained cash)—
in the title omit “and detained cash”,
in subsection (1) omit “or detained cash investigations”,
in subsection (10) for “if the appropriate person has reasonable” substitute “ if an appropriate officer has reasonable ”, and
omit subsections (11) and (12).
For section 204 of the Extradition Act 2003 (c. 41) (Part 1 warrant: transmission by other electronic means) substitute—
Section 212 of the Extradition Act 2003 (c. 41) (the title to which becomes “Article 95 alerts”) is amended as follows.
For subsections (1) and (2) substitute—
In subsection (3) for “As applied by” substitute “ In consequence of ”.
After section 8 of the Extradition Act 2003 insert—
After section 76 of the Extradition Act 2003 (c. 41) insert—
The Extradition Act 2003 (c. 41) is amended as follows.
In section 22(3) (power to adjourn extradition hearing in Part 1 case) for “the sentence has been served” substitute “ the person is released from detention pursuant to the sentence (whether on licence or otherwise) ”.
In section 23 (person serving sentence in Part 1 case)—
in subsection (1), after “issued is” insert “ in custody ”, and
in subsection (2), for “the sentence has been served” substitute “ the person is released from detention pursuant to the sentence (whether on licence or otherwise) ”.
In section 88(3) (power to adjourn extradition hearing in Part 2 case) for “the sentence has been served” substitute “ the person is released from detention pursuant to the sentence (whether on licence or otherwise) ”.
In section 89 (person serving sentence in Part 2 case)—
in subsection (1) after “person is” insert “ in custody ”, and
in subsection (2) for “the sentence has been served” substitute “ the person is released from detention pursuant to the sentence (whether on licence or otherwise) ”.
In section 97(3) (power to defer decision on extradition) for “the sentence has been served” substitute “ the person is released from detention pursuant to the sentence (whether on licence or otherwise) ”.
In section 98 (person serving sentence in Part 2 case: reference by judge)—
in subsection (1)(b) after “person is” insert “ in custody ”, and
in subsection (2) for “the sentence has been served” substitute “ the person is released from detention pursuant to the sentence (whether on licence or otherwise) ”.
In section 102(3) (meaning of “appropriate day” where decision deferred) for the words from “until the person” to the end substitute “ , the appropriate day is the day on which the person is released from detention pursuant to the sentence (whether on licence or otherwise). ”
In section 197A (extradition of serving prisoner) after “a person who is” insert “ in custody ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For section 59 of the Extradition Act 2003 substitute—
For section 132 of the Extradition Act 2003 substitute—
The Extradition Act 2003 (c. 41) is amended as follows.
Omit sections 143 (undertaking in relation to person serving sentence) and 144 (return to extraditing territory to serve sentence).
After section 153 insert—
In section 153(1)(b) (return of person acquitted or not tried) for the words from “from” to the end substitute “ from a territory; ”.
In section 197(2) (powers on escape from custody) after “Part 2” insert “ , or kept in custody by virtue of a power under Part 3, ”.
The Extradition Act 2003 (c. 41) is amended as follows.
In section 145(2) (sentence in territory executing Part 3 warrant) for “punishment for the offence must be treated as remitted” substitute “ sentence for the offence must be treated as served ”.
In section 152 (sentence in United Kingdom)—
in subsection (1)(a) for the words from “from” to the end substitute “ from a territory; ”, and
in subsection (2) for “punishment for the offence must be treated as remitted” substitute “ sentence for the offence must be treated as served ”.
The Extradition Act 2003 is amended as follows.
Omit section 151 (dealing with person for other offences: other category 2 territories).
Before section 152 insert—
Section 6 of the Extradition Act 2003 (c. 41) (requirements in relation to person subject to provisional arrest) is amended as follows.
For subsections (2) and (3) substitute—
After subsection (5) insert—
In subsection (6) after “subsection (2)” insert “ , (2A) or (3) ”.
After subsection (8) insert—
In section 7(1)(b) of the Extradition Act 2003 (c. 41) (application of provisions for verifying the identity of the person arrested) for “is arrested under section 5 and section 6(2)” substitute “ arrested under section 5 is brought before the appropriate judge under section 6 and section 6(2A) ”.
After section 206 of the Extradition Act 2003 insert—
After Part 2 of the Aviation Security Act 1982 (c. 36) insert—
Schedule 6 (which amends Part 3 of the Aviation Security Act 1982 (c. 36) and makes transitional and saving provision) has effect.
The Independent Barring Board is renamed the Independent Safeguarding Authority.
For the words in the left-hand column of the table, wherever they appear in the enactments mentioned in subsection (3), substitute the corresponding words in the right-hand column of the table. Existing words Substitution “Independent Barring Board” “Independent Safeguarding Authority” “Independent Barring Board's” “Independent Safeguarding Authority's” “IBB” “ISA” “IBB's” “ISA's”
The enactments are—
Schedule 1 to the Superannuation Act 1972 (c. 11),
sections 7 and 11 of the Police Pensions Act 1976 (c. 35),
section 35C of the Medical Act 1983 (c. 54),
section 13D of the Opticians Act 1989 (c. 44),
section 20 of the Osteopaths Act 1993 (c. 21),
section 20 of the Chiropractors Act 1994 (c. 17),
section 97 of the Police Act 1996 (c. 16),
sections 113BA, 113BB, 113CA and 113CB of the Police Act 1997 (c. 50),
sections 56 and 75 of the Data Protection Act 1998 (c. 29),
paragraph 1 of Schedule 2 to the Teaching and Higher Education Act 1998 (c. 30),
section 167C of the Education Act 2002 (c. 32),
section 171 of the Education and Inspections Act 2006 (c. 40),
the following enactments in the Safeguarding Vulnerable Groups Act 2006 (c. 47) (including any relevant headings)—
sections 1, 2, 4, 6, 15, 25, 35, 36 to 47 and 50,
paragraphs 1, 3 to 7 and 9 to 16 of Schedule 1,
paragraphs 1 and 2 of Schedule 2,
paragraphs 2 to 6, 8 to 21, 23 and 25 of Schedule 3,
paragraphs 4 and 8 of Schedule 4,
paragraph 2 of Schedule 5, and
paragraphs 1 to 3 of Schedule 8,
sections 39, 40 and 97 of, and Schedule 5 to, the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14),
the following enactments in the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) (including any relevant headings)—
Articles 2, 5, 6, 8, 10, 19, 29, 37 to 49 and 52,
paragraphs 2 to 6, 8 to 21, 23 and 25 of Schedule 1,
paragraphs 4 and 8 of Schedule 2,
paragraph 2 of Schedule 3, and
paragraphs 1 to 3 of Schedule 6, and
sections 130 and 141 of the Education and Skills Act 2008 (c. 25).
In the following enactments for “the Board” substitute “ the Authority ”
section 167C of the Education Act 2002 (c. 32) (both as inserted by the Education and Inspections Act 2006 (c. 40) and as substituted by the Education and Skills Act 2008 (c. 25)), and
section 130(4) of the Education and Skills Act 2008 (c. 25).
Any reference (other than those dealt with by subsections (2) to (4) above) to the Independent Barring Board in any enactment or other document passed or made before the commencement of this section is to be read as a reference to the Independent Safeguarding Authority.
Any reference to the Independent Safeguarding Authority which arises by virtue of this section is to be read, in relation to times before the commencement of this section, as a reference to the Independent Barring Board.
In this section—
“enactment” includes an Act of the Scottish Parliament, Northern Ireland legislation and an enactment comprised in subordinate legislation,
“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30)) and also includes an instrument made under—
an Act of the Scottish Parliament, or
Section 17(4)
Section 21
After Part 2 of the Sexual Offences Act 2003 (c. 42) insert the following new Part—
In section 138 of that Act (orders and regulations), in subsections (2) and (6)for “or section 130” substitute “ , section 130 or section 136Q(1) ”.
In section 142 of that Act (extent), in subsection (2)(c) for “Part 2” substitute “ Parts 2 and 2A ”.
Section 27
A resolution made on or after the coming into force of section 27 by a local authority under section 2 of the 1982 Act that Schedule 3 to that Act is to apply to the area of the local authority applies to that Schedule as amended by section 27.
Sub-paragraph (2) applies if a local authority has not made a resolution under section 2 of the 1982 Act or (as the case may be) paragraph 2(2) above within the period of one year beginning with the coming into force of section 27. The local authority must, as soon as reasonably practicable, consult local people about whether the local authority should make such a resolution. In sub-paragraph (2) “local people” means persons who live or work in the area of the local authority.
Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (civil legal services: excluded services) is amended as follows. In paragraph 2(d) (proceedings in a court of summary jurisdiction in which representation may be funded)— In paragraph 3 (certain Crown Court proceedings in which representation may be funded) after paragraph (c) insert—.
The relevant national authority may by order make such transitional, transitory or saving provision as the relevant national authority considers appropriate in connection with the coming into force, in consequence of a resolution of a local authority under section 2 of the 1982 Act or paragraph 2(2) above, of Schedule 3 to that Act as amended by section 27. An order under this paragraph may, in particular, make different provision from that made by paragraphs 28 and 29 of Schedule 3 to that Act (and may accordingly provide for those paragraphs not to apply). The power of the relevant national authority under this paragraph—
After section 73 of the Licensing Act 2003 (c. 17) (certificate authorising supply of alcohol for consumption off the premises) insert—
Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (proceedings for which legal aid may be given under Article 9) is amended as follows. In paragraph 2A(1) (certain proceedings in Crown Court) after paragraph (c) insert—. In paragraph 3 (proceedings in a court of summary jurisdiction)—
“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30)) and also includes an instrument made under—
In this Schedule— and references in this Schedule to the coming into force of section 27 are references to the coming into force of that section for purposes other than the purposes of the Secretary of State or the Welsh Ministers making orders.
“the 1982 Act” means the Local Government (Miscellaneous Provisions) Act 1982 (c. 30),
After section 73A of that Act (as inserted by paragraph 3 above) insert—
an Act of the Scottish Parliament, or
Section 32
After section 19 of that Act insert—
Where under paragraph 2(2)(b) the court fixes the amount in which the principal and the sureties, if any, are to be bound, the recognizance may afterwards be taken by such person as may be prescribed by rules of court, with the same consequences as if it had been entered into before the court.
The Police Act 1996 is amended as follows.
The Misuse of Drugs Act 1971 (c. 38) is amended as follows. In section 5 (restriction of possession of controlled drugs) omit subsections (4A) to (4C). In section 31 (general provisions as to regulations)— In section 38 (special provisions as to Northern Ireland) omit subsection (1A).
In section 9A (general functions of the Commissioner of Police of the Metropolis) after subsection (1) insert—
In section 10 (general functions of chief constables) after subsection (1) insert—
In section 15(2) (direction and control of civilian employees) after “, subject to” insert “any provision included in a police force collaboration agreement by virtue of section 23(4) and to”.
In section 18 (supply of goods and services) after subsection (2) insert—
In section 27(2) (special constables) after “Subject to” insert “provision included in a police force collaboration agreement by virtue of section 23(4),”.
In section 30 (jurisdiction)—
in subsection (3A) for “section 23 or 24” substitute “section 24”, and
after subsection (3A) insert—
Section 46
The court may— The court may remand the person on bail— Where a person is brought before the court after remand, the court may further remand the person.
Where a person is remanded on bail, the court may direct that the person’s recognizance be conditioned for the person’s appearance— Where a recognizance is conditioned for a person's appearance as mentioned in sub-paragraph (1)(b), the fixing of any time for the person next to appear is to be treated as a remand. Nothing in this paragraph affects the power of the court at any subsequent hearing to remand the person afresh.
The court may not remand a person for a period exceeding 8 clear days unless— Where the court has power to remand a person in custody it may, if the remand is for a period not exceeding 3 clear days, commit the person to the custody of a constable.
“identity document” means any document which may be used (whether by itself or otherwise and with or without modifications) to establish, or provide evidence of, a person's identity or address.
If the court is satisfied that a person who has been remanded is unable by reason of illness or accident to appear or be brought before the court at the expiration of the period of remand, the court may, in the absence of the person, further remand the person. The power mentioned in sub-paragraph (1) may, in the case of a person who was remanded on bail, be exercised by enlarging the person’s recognizance and those of any sureties for the person to a later time. Where a person remanded on bail is bound to appear before the court at any time and the court has no power to remand the person under sub-paragraph (1), the court may (in the person’s absence) enlarge the person’s recognizance and those of any sureties for the person to a later time. The enlargement of the person’s recognizance is to be treated as a further remand. Paragraph 4(1) (limit of remand) does not apply to the exercise of the powers conferred by this paragraph.
This paragraph applies in relation to an aerodrome if, immediately before commencement, the aerodrome was a designated airport. In relation to any time before a police services agreement is required to be in force in relation to the aerodrome by virtue of the amendments made by paragraph 5 of this Schedule, section 25B(2) to (6) and (8) to (10) of the 1982 Act (as it had effect immediately before commencement) continues to apply in relation to the aerodrome as if it continued to be a designated airport. For the purposes of any police services agreement which is required to be in force by virtue of sub-paragraph (2), other than one which was entered into before commencement, section 25A of the 1982 Act (as it had effect immediately before commencement) continues to apply in relation to the aerodrome as if it continued to be a designated airport. In the following provisions of this paragraph, a police services agreement which is required to be in force in relation to an aerodrome by virtue of sub-paragraph (2) is referred to as a designated airport police services agreement. A designated airport police services agreement ceases to be in force immediately before a police services agreement is required to be in force in relation to the aerodrome by virtue of the amendments made by paragraph 5 of this Schedule (unless the designated airport police services agreement has previously ceased to be in force). Except as provided by sub-paragraph (5), nothing in Part 1 of this Schedule affects the operation of a designated airport police services agreement or the application of the following provisions of the 1982 Act in relation to such an agreement— So far as is necessary for the purposes of this paragraph, section 31 of the 1982 Act (as it had effect immediately before commencement) continues to have effect. In this paragraph—
The Railways and Transport Safety Act 2003 is amended as follows.
In section 4 of the Bail Act 1976 (general right to bail of accused persons), in subsection (3) omit the word “or” at the end of paragraph (a) and after paragraph (b) insert, or
In section 19 of the Powers of Criminal Courts (Sentencing) Act 2000 (making of referral orders: effect on other sentencing powers) in subsection (4) after paragraph (b) insert—.
In section 24 (constables of the British Transport Police Force) after subsection (4) insert—
In section 27 (employees of the British Transport Police Authority) after subsection (2) insert—
Section 80
Part 3 of the Aviation Security Act 1982 (c. 36) (policing of aerodromes) has effect subject to the following amendments.
Omit section 25 (designated airports) and the cross-heading before it.
Omit section 25A (consultation about policing of designated airports).
Before section 25B (police services agreements) insert—
For section 25B substitute—
Section 26 (exercise of police functions) is amended as follows. In the heading for “at designated airports” substitute “at relevant aerodromes”. In subsection (1) for “a designated airport” substitute “a relevant aerodrome”. In subsection (2A) — In subsection (2C) for “an aerodrome which is a designated airport” substitute “a relevant aerodrome”. After subsection (2C) insert— For subsection (2E) substitute—
Section 27 (prevention of theft) is amended as follows. In the heading for “at designated airports” substitute “at relevant aerodromes”. In subsection (2)(a) for “an aerodrome which is a designated airport” substitute “a relevant aerodrome”.
Section 28 (byelaws) is amended as follows. In the heading for “designated airports” substitute “relevant aerodromes”. In subsection (1) for “a designated airport” substitute “a relevant aerodrome”. In subsection (2) for “any aerodrome which is a designated airport” substitute “any relevant aerodrome”.
Section 29 (control of road traffic) is amended as follows. In the heading for “at designated airports” substitute “at relevant aerodromes”. In subsection (1) for “a designated airport” substitute “a relevant aerodrome”. In subsection (2) for “a designated airport” substitute “a relevant aerodrome”.
For sections 29A to 29D substitute—
Omit section 30 (supplementary orders).
Section 31 (interpretation etc.) is amended as follows. In subsection (1)— After subsection (1) insert— For subsection (2) substitute— In subsection (3)(a) for “the references in section 25(1) of this Act and” substitute “the reference in”.
In section 39 (extension of Act outside United Kingdom), in subsection (3), after “provisions of” (in the words in brackets) insert “Part 2A or”.
Section 112
The Regulation of Investigatory Powers Act 2000 (c. 23) is amended as follows.
In section 22(5) (conditions for granting authorisation or giving notice) after “subsection (3)” insert “, (3B) or (3F)”.
In section 23 (form and duration of authorisations and notices) in subsections (1), (4), (5) and (6), after “section 22(3)” insert “, (3B) or (3F)”.
In section 49(1)(c) (protected information coming into person’s possession by virtue of authorisation or notice) after “section 22(3)” insert “, (3B) or (3F)”.
In section 58(1)(g) (persons subject to duty of disclosure to Interception of Communications Commissioner) after “section 22(3)” insert “, (3B) or (3F)”.
In section 68(7)(g) (persons subject to duty of disclosure to Tribunal) after “section 22(3)” insert “, (3B) or (3F)”.
In the Police Reform Act 2002 (c. 30), in paragraph 6 of Schedule 4 and paragraph 5 of Schedule 5—
after “subsection (1)” insert “or (1AA)”, and
for “subsections (1) and (4) (but not the reference in subsection (5) (arrest))” substitute “subsections (1), (1AA) and (4) (but not the reference in subsection (1AB) (removal))”.
In the Police (Northern Ireland) Act 2003 (c. 6), paragraph 6 of Schedule 2A is amended as follows. In sub-paragraph (1)— In sub-paragraph (2) for “section 1(1)” substitute “section 1(1AA)”.
The Licensing Act 2003 (c. 17) is amended as follows.
In section 24(2)(f) (form of premises licence) for “has effect” substitute “is issued”.
In section 25A(6) (grant of premises licence: supply of alcohol from community premises) for “(4)” substitute “(5)”.
In section 35(7) (determination of application to vary premises licence) for “19, 20 and 21” substitute “19 to 21”.
In section 41D(5) (variation of premises licence: supply of alcohol from community premises) for “(4)” substitute “(5)”.
In section 52(5) (determination of application for review of premises licence) for “19, 20 and 21” substitute “19 to 21”.
In section 52A(3) (review: supply of alcohol from community premises) for “20 and 21” substitute “19(4) and 19A to 21”.
In section 53C(5) (summary reviews of premises licences) for “19, 20 and 21” substitute “19 to 21”.
Section 57 (duty to keep and produce licence) is amended as follows. In the heading after “licence” insert “etc.”. In subsection (2) for “is” substitute “and a list of any relevant mandatory conditions applicable to the licence are”. In subsection (5)— In subsection (7) after “of a premises licence” insert “or a list of relevant mandatory conditions”. After subsection (10) insert—
In section 72(2)(b) and (4)(a)(ii) (determination of application for club premises certificate) after “to (5)” insert “, 73A”.
In section 78(2)(e) (form of club premises certificate) for “has effect” substitute “is issued”.
In section 85(7) (determination of application to vary club premises certificate)—
for “and 74” substitute “to 74”, and
for the words from “supply” to “premises” substitute “alcohol”.
In section 88(5) (determination of application for review of club premises certificate)—
for “and 74” substitute “to 74”, and
for the words from “supply” to “premises” substitute “alcohol”.
Section 94 (duty to keep and produce certificate) is amended as follows. In the heading after “certificate” insert “etc.”. In subsection (2) for “is” substitute “and a list of any relevant mandatory conditions applicable to the certificate are”. In subsection (7) after “copy)” insert “or any list of relevant mandatory conditions”. In subsection (9) after “of a club premises certificate” insert “or a list of relevant mandatory conditions”. After subsection (12) insert—
In section 167(7) (review of premises licence following closure order) for “19, 20 and 21” substitute “19 to 21”.
Section 197 (regulations and orders) is amended as follows. After subsection (3)(a) (exceptions to negative procedure) insert—. In subsection (4) (affirmative procedure for orders) for “subsection (3)(b)” substitute “subsection (3)(aa), (b),”.
In section 18 of the Civil Jurisdiction and Judgments Act 1982 (c. 27) (enforcement of UK judgments in other parts of UK), in subsection (2)—
in paragraph (f)—
omit “or a detained cash investigation”, and
for “meanings” substitute “meaning”, and
after paragraph (f) insert—.
In section 64 of the Criminal Justice and Police Act 2001 (c. 16) (meaning of “appropriate judicial authority”), in subsection (3)(aa), omit “or a detained cash investigation”.
For paragraph 13A of Schedule 2 to the Commissioners for Revenue and Customs Act 2005 (c. 11) (restrictions on functions of officers) substitute—
In section 185(5) of the Extradition Act 2003 (c. 41) (limit on fees and expenses) after “amount” insert “allowed”.
In section 119 of the Police Act 1997 (c. 50) (sources of information) for subsection (1A) substitute—
Section 141 of Criminal Justice Act 1988 (c. 33) (offensive weapons) is amended as follows. Omit subsection (4) (prohibition on importation). In subsections (5) and (8) omit— In subsection (11A), as inserted by the Violent Crime Reduction Act 2006 (c. 38), omit— In subsection (11A), as inserted by the Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17), omit “Subject to subsection (11C),”. In subsection (11D), as inserted by the Violent Crime Reduction Act 2006— Omit subsections (11C) to (11E) as inserted by the Custodial Sentences and Weapons (Scotland) Act 2007.
In section 289(8) of the Proceeds of Crime Act 2002 (c. 29) (recovery of cash in summary proceedings: intimate searches) after “1979 (c. 2))” insert “but see section 164A of that Act (additional Revenue and Customs powers to search for cash)”.
In section 33 of the Serious Organised Crime and Police Act 2005 (c. 15) (disclosure of information by SOCA), at the end of subsection (2)(e) insert “or sections 104 to 106 of the Policing and Crime Act 2009”.
Section 112
Reference Extent of repeal Police Act 1996 Section 54(3A). Police Reform Act 2002 (c. 30) Section 84.
Short title and chapter Extent of repeal or revocation Street Offences Act 1959 (c. 57) Section 2. Children and Young Persons Act 1969 (c. 54) In section 32(1C), the word “or” at the end of paragraph (c). Bail Act 1976 (c. 63) In section 4(3), the word “or” at the end of paragraph (a). Magistrates’ Courts Act 1980 (c. 43) In Schedule 7, paragraph 30. Child Abduction Act 1984 (c. 37) In the Schedule, the word “or” at the end of paragraph 2(1)(a). Sexual Offences Act 1985 (c. 44) The whole Act. Road Traffic (Consequential Provisions) Act 1988 (c. 54) In Schedule 3, paragraph 29. Children Act 1989 (c. 41) In section 21(2), the word “or” at the end of paragraph (c)(ii). Sexual Offences Act 2003 (c. 42) Section 115(6). In Schedule 1, paragraphs 3 and 4. Sexual Offences (Northern Ireland) Order 2008 (S.I. 1769 (N.I. 2)) In Article 58— in paragraph (3), “In paragraph (2),”, and paragraph (6). The repeal in section 32(1C) of the Children and Young Persons Act 1969 extends to England and Wales, Scotland and Northern Ireland only. The repeal of section 115(6) of the Sexual Offences Act 2003 extends to England and Wales and Northern Ireland only.
Reference Extent of repeal Confiscation of Alcohol (Young Persons) Act 1997 (c. 33) In section 1— in subsection (1), “and to state his name and address”, subsection (1A), and in subsection (6), “and (1A)”. Licensing Act 2003 (c. 17) Section 155(1)(b) and (c).
Reference Extent of repeal or revocation Bankruptcy (Scotland) Act 1985 (c. 66) In section 31A(1), the word “and” at the end of paragraph (b). Insolvency Act 1986 (c. 45) In section 306A(1), the word “and” at the end of paragraph (b). Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) In Article 279A(1), the word “and” at the end of sub-paragraph (b). Proceeds of Crime Act 2002 (c. 29) Section 45. In section 87(2), the words from “; and for” to the end. Section 126. In section 153(2), the words from “; and for” to the end. Section 194. In section 235(2), the words from “; and for” to the end. In section 419(2), the word “or” at the end of paragraph (a). In section 422(2), the word “or” at the end of paragraph (a). In section 427(3), the word “or” at the end of paragraph (a). In section 429(3), the word “or” at the end of paragraph (a). Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) In Schedule 2, the word “or” at the end of paragraph 2(d)(xii). Serious Crime Act 2007 (c. 27) Section 78. In Schedule 8, paragraphs 150, 151 and 154.
Reference Extent of repeal Civil Jurisdiction and Judgments Act 1982 (c. 27) In section 18(2)(f), “or a detained cash investigation”. Criminal Justice and Police Act 2001 (c. 16) In section 64(3)(aa), “or a detained cash investigation”. Proceeds of Crime Act 2002 In section 343(3), “or a detained cash investigation”. In section 344(b), “or a detained cash investigation”. In section 350(5)(b), “or a detained cash investigation”. In section 351(8), “or a detained cash investigation”. In section 356— in the title, “and detained cash”, in subsection (1), “or detained cash investigations”, and subsections (11) and (12). Serious Crime Act 2007 (c. 27) Section 80(5) and (6). In Schedule 8, paragraph 107(3). In Schedule 10, paragraphs 3 to 6, 9 and 26 to 28.
Reference Extent of repeal Extradition Act 2003 (c. 41) Sections 143 and 144. Section 151.
Reference Extent of repeal Aviation Security Act 1982 (c. 36) Section 25. Section 25A. In section 26(2A), the word “and” at the end of paragraph (a). Section 30. In section 31(1), the definition of designated airport.
Reference Extent of repeal Police Act 1997 (c. 50) In section 112(1)(a) “in the prescribed manner and form”. In section 113A(1)(a) “in the prescribed manner and form”. In section 113B(1)(a) “in the prescribed manner and form”. In section 114(1)(a) “in the prescribed form”. In section 116(1)(a) “in the prescribed form”. Criminal Justice and Police Act 2001 (c. 16) Section 134(2)(b). Criminal Justice Act 2003 (c. 44) In Schedule 35, paragraph 2. Serious Organised Crime and Police Act 2005 (c. 15) In Schedule 14, paragraphs 4(a) and 8(a). Safeguarding Vulnerable Groups Act 2006 (c. 47) Section 30(3) and (5). In section 31— in subsections (2) and (3), paragraph (b) and the “, and” immediately before it, and subsections (4) and (5). Section 32(4) and (8). Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) In Article 33— in paragraphs (2) and (3), sub-paragraph (b) and the “, and” immediately before it, and paragraphs (4) and (5). Note: the repeals made by this Part of this Schedule in the Police Act 1997 extend to England and Wales and Northern Ireland only.
Reference Extent of repeal Finance (No. 2) Act 1992 (c. 48) In section 4— in subsection (2), the “or” after “member States;” at the end of paragraph (b), and in subsection (5), the “and” after “Economic Community;”.
Reference Extent of repeal Criminal Justice Act 1988 (c. 33) Section 141(4). In section 141(5) and (8)— paragraph (b), and the “or” immediately before that paragraph. In section 141, in subsection (11A) as inserted by the Violent Crime Reduction Act 2006— paragraph (b), and the “or” immediately before that paragraph. In section 141, in subsection (11A) as inserted by the Custodial Sentences and Weapons (Scotland) Act 2007, “Subject to subsection (11C),”. In section 141, in subsection (11D) as inserted by the Violent Crime Reduction Act 2006— in paragraph (a) “or from the prohibition in subsection (4) above”, and in paragraph (b) “, or for an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979,”. In section 141, subsections (11C) to (11E) as inserted by the Custodial Sentences and Weapons (Scotland) Act 2007.
Reference Extent of repeal or revocation Football Spectators Act 1989 (c. 37) In section 14E(2), “in England and Wales”. In section 19(2B)(b), “if the match is outside the United Kingdom”. Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) In section 53(2)(a), “in Scotland”. Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098) Articles 1(5) and 5.
Reference Extent of repeal Misuse of Drugs Act 1971 (c. 38) In section 23— in subsection (3), “acting for the police area in which the premises are situated”, and subsection (5).
Reference Extent of repeal or revocation Misuse of Drugs Act 1971 (c. 38) In section 5, subsections (4A) to (4C). In section 31— in subsection (2), “, except as provided by subsection (2A),“, and subsections (2A) and (4A). Section 38(1A). Police and Criminal Evidence Act 1984 (c. 60) In section 30CA(5)— in paragraph (a), “, or a person designated as a staff custody officer under section 38 of the Police Reform Act 2002,” and “or officer”, and in paragraph (b), “or officer”. In section 36— in subsection (7)(a), “or a staff custody officer”, and subsection (11). In section 39— in subsection (6)(a), “(or, if the custody officer is a staff custody officer, any police officer or any police employee)”, and subsection (7). In section 55(17), in the definition of “appropriate officer”, paragraph (c) and the “or” immediately before it. Section 61(8A). Section 63(9A) (inserted by the Criminal Justice and Police Act 2001). Prosecution of Offences Act 1985 (c. 23) Section 22A. In section 22B, in subsection (1) (and the title) “or 22A(5)”. Road Traffic Act 1988 (c. 52) Section 105(2)(b). Children Act 1989 (c. 41) In section 47, in subsection (1)— paragraph (a)(iii) (and the “or” immediately before it), and the sentence at the end of that subsection. Police and Criminal Evidence (Northern Ireland) Order 1989 (S. I. 1989/1341 (N. I. 12)) In Article 37— in paragraph (7)(a), “or a staff custody officer”, and paragraph (11). In Article 40— in paragraph (6)(a), “(or, if the custody officer is a staff custody officer, any police officer or any member of the police support staff)”, and paragraph (7). Article 61(8B). Article 63(10A). Crime and Disorder Act 1998 (c. 37) Section 11(3)(c). Sections 14 and 15. In section 18(1), the definitions of “curfew notice” and “local child curfew scheme”. Section 44. Criminal Justice and Court Services Act 2000 (c. 43) Section 71(5). Vehicles (Crime) Act 2001 (c. 3) Section 36. Section 45(3). Criminal Justice and Police Act 2001 (c. 16) Sections 48 and 49. Section 78(7). Section 80(4). Police Reform Act 2002 (c. 30) In section 38— subsection (2)(e), subsection (6)(e), and subsection (10). In Schedule 4— paragraph 4B, and Part 4A. Police (Northern Ireland) Act 2003 (c. 6) In section 30— subsection (1)(d), subsection (6)(d), and subsection (11). In Schedule 2, Part 3A. Serious Organised Crime and Police Act 2005 (c. 15) Section 120. Section 121(2) to (4), (5)(b), (6) and (7). Section 123(3). In Schedule 4, paragraphs 170 to 172. In Schedule 9, paragraph 10. Drugs Act 2005 (c. 17) Section 2. Section 5(2)(b). Gambling Act 2005 (c. 19) In Schedule 16, paragraph 17. Police and Justice Act 2006 (c. 48) In Schedule 1, paragraph 78. In Schedule 5, paragraph 5(11). Road Safety Act 2006 (c. 49) In Schedule 3, paragraph 13(2)(b). Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S. I. 2007/288 (N. I. 2)) Article 30(7). Article 33(4). Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S. I. 2007/912 (N. I. 6)) Article 6(1). In Schedule 4, paragraphs 1(2) to (4), (5)(b) and (6) and 2 to 5. Road Traffic (Northern Ireland) Order 2007 (S. I. 2007/916 (N.I. 10)) Article 81.
The Insolvency (Northern Ireland) Order 1989 is amended as follows.
The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows. In section 30CA (bail under section 30A: variation of conditions by police), in subsection (5) omit the following— In section 36 (custody officers at police stations)— In section 39 (responsibilities in relation to persons detained)— In section 55 (intimate searches), in the definition of “appropriate officer” in subsection (17), omit paragraph (c) and the “or” immediately before it.
Omit section 105(2)(b) of the Road Traffic Act 1988 (c. 52) (access to particulars of disqualified drivers).
Article 279A (property subject to restraint order) is amended as follows. In paragraph (1)— For paragraph (2) substitute—
The Police and Criminal Evidence (Northern Ireland) Order 1989 (S. I. 1989/1341 (N. I. 12)) is amended as follows. In Article 37 (custody officers at police stations)— In Article 40 (responsibilities in relation to persons detained)—
Omit section 36 of the Vehicles (Crime) Act 2001 (c. 3) (access to motor insurance information).
After Article 279A insert—
The Police Reform Act 2002 (c. 30) is amended as follows. In section 38 (police powers for police authority employees) omit the following— In Schedule 4 (powers exercisable by police civilians)—
Omit Article 81 of the Road Traffic (Northern Ireland) Order 2007 (S. I. 2007/916 (N. I. 10)) (disclosure of information about insurance status of vehicles).
In Article 279B(1)(a) (property in respect of which receivership or administration order is made) for “section 423(2)(b), (c) or (d)” substitute “section 423(2)(c)”.
The Police (Northern Ireland) Act 2003 (c. 6) is amended as follows. In section 30 (police powers for designated police support staff), omit the following— In Schedule 2 (powers exercisable by designated persons) omit Part 3A.
After Article 279B insert—
Article 279C (property subject to certain orders where confiscation order discharged or quashed) is amended as follows. In paragraph (1)(a) for the words from “in respect” to “force” substitute “excluded from the bankrupt’s estate”. For paragraph (2) substitute—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 13 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) (educational establishments: check on members of governing body) is amended as follows.
After subsection (1) insert—
In subsection (2) (penalty for offence) after “(1)” insert “or (1A)”.
After subsection (3) insert—
In subsection (4) (power of Secretary of State to order that subsection (3) no longer applies) for “Subsection (3) does” substitute “Subsections (3) and (3A) do”.
After subsection (5) insert—
In section 8 of that Act (person not to engage in regulated activity unless subject to monitoring) for subsection (11) substitute—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (1)(b) for “a monitoring application” substitute “an application to the Secretary of State under this section (a “monitoring application”)”, and
for subsection (10) substitute—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After section 24 of the Safeguarding Vulnerable Groups Act 2006 insert—
In section 25 of that Act (monitoring: fees)—
in subsection (1) after “24” insert “or in relation to a change of circumstances under section 24A”,
in subsection (2) after “made” insert “, or change of circumstances occurring,”,
in subsection (3) after “made” insert “or change of circumstances occurring”,
in subsection (4) after “24” insert “or 24A”,
in subsection (5)—
for “power” substitute “powers”, and
for “is” substitute “are”, and
in subsection (6) after “24(1)(d)” insert “or 24A”.
In section 30 of that Act (provision of vetting information) after subsection (2) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 30 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) (provision of vetting information) is amended as follows.
In subsection (2) (appropriate declaration)— .
in paragraph (a) for “a specified entry” substitute “the table in Schedule 7”, and
after that paragraph (but before the following “and”) insert—
Omit subsection (3).
In subsection (4)(a) and (b) (information to be provided) for “column 2 of the specified entry” substitute “A’s declaration states that column 2 of the relevant entry”.
Omit subsection (5).
After subsection (6) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 32 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) (notification of cessation of monitoring) is amended as follows.
In subsection (3) (appropriate declaration)— .
in paragraph (a) for “a specified entry” substitute “the table in Schedule 7”, and
after that paragraph (but before the following “and”) insert—
Omit subsection (4).
In subsection (5)(a) and (b) (information to be provided) for “column 2 of the specified entry” substitute “A’s declaration states that column 2 of the relevant entry”.
Omit subsection (8).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
After section 34 insert—
In section 31 (vetting information)—
in subsections (2) and (3), omit paragraph (b) and the “, and” immediately before it, and
omit subsections (4) and (5).
After section 50 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (barred lists) is amended as follows.
If the Secretary of State has reason to believe that this paragraph might apply to a person, the Secretary of State must refer the matter to ISA. If ISA is satisfied that this paragraph applies to the person, it must include the person in the children’s barred list.
If the Secretary of State has reason to believe that this paragraph might apply to a person, the Secretary of State must refer the matter to ISA. If ISA is satisfied that this paragraph applies to the person, it must—
If the Secretary of State has reason to believe that this paragraph might apply to a person, the Secretary of State must refer the matter to ISA. If ISA is satisfied that this paragraph applies to the person, it must include the person in the adults’ barred list.
If the Secretary of State has reason to believe that this paragraph might apply to a person, the Secretary of State must refer the matter to ISA. If ISA is satisfied that this paragraph applies to the person, it must—
In paragraph 24(8) (Secretary of State to examine records of convictions or cautions from time to time) for “whether the criteria apply to an individual” substitute “whether there is reason to believe that the criteria might apply to an individual”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) is amended as follows.
After Article 36 insert—
In Article 33 (vetting information)—
in paragraphs (2) and (3), omit sub-paragraph (b) and the “, and” immediately before it, and
omit paragraphs (4) and (5).
After Article 52 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (barred lists) is amended as follows.
If the Secretary of State has reason to believe that this paragraph might apply to a person, the Secretary of State must refer the matter to ISA. If ISA is satisfied that this paragraph applies to the person, it must include the person in the children’s barred list.
If the Secretary of State has reason to believe that this paragraph might apply to a person, the Secretary of State must refer the matter to ISA. If ISA is satisfied that this paragraph applies to the person, it must—
If the Secretary of State has reason to believe that this paragraph might apply to a person, the Secretary of State must refer the matter to ISA. If ISA is satisfied that this paragraph applies to the person, it must include the person in the adults’ barred list.
If the Secretary of State has reason to believe that this paragraph might apply to a person, the Secretary of State must refer the matter to ISA. If ISA is satisfied that this paragraph applies to the person, it must—
In paragraph 24(8) (Secretary of State to examine records of convictions or cautions from time to time) for “whether the criteria apply to an individual” substitute “whether there is reason to believe that the criteria might apply to an individual”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In the Police Act 1997 after section 113CC insert—
In section 118 of the Police Act 1997 (c. 50) (evidence of identity) after subsection (2) insert—
Section 120A of the Police Act 1997 (refusal and cancellation of registration), as inserted by section 134 of the Criminal Justice and Police Act 2001 (c. 16), is amended as follows.
In subsection (3) (matters to which Secretary of State may have regard in considering suitability of persons likely to have access to information) for paragraph (b) substitute—.
After subsection (3) insert—
After subsection (6) insert—
Before section 126 of the Police Act 1997 (c. 50) insert—
In the following provisions of that Act omit “in the prescribed manner and form”— section 112(1)(a) (criminal conviction certificates), section 113A(1)(a) (criminal record certificates), section 113B(1)(a) (enhanced criminal record certificates).
“specify”, in relation to an injunction, means specify in the injunction;
The Insolvency Act 1986 is amended as follows.
The Proceeds of Crime Act 2002 is amended as follows.
In paragraph 2(3)(l) of Schedule 2 to the Access to Justice Act 1999 (certain magistrates’ court proceedings in which advocacy may be funded as part of the Community Legal Service) after “295, 297,” insert “297E, 297F,”.
In section 24(2)(c) of the UK Borders Act 2007 (application of Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 in relation to immigration officers) for “section 290” substitute “sections 290 and 297A”.
Section 306A (property subject to restraint order) is amended as follows. In subsection (1)— For subsection (2) substitute—
In section 69(1) (exercise of powers of court and receiver) for “67” substitute “67D”.
After section 306A insert—
In section 85 (proceedings: England and Wales) for subsection (7) substitute—
In section 306B(1)(a) (property in respect of which receivership or administration order is made) for “section 417(2)(b), (c) or (d)” substitute “section 417(2)(c)”.
In section 87(2) (definition of confiscation order subject to appeal: England and Wales) omit the words from “; and for” to the end.
After section 306B insert—
After section 87 insert—
Section 306C (property subject to certain orders where confiscation order discharged or quashed) is amended as follows. In subsection (1)(a) for the words from “in respect” to “force” substitute “excluded from bankrupt’s estate”. For subsection (2) substitute—
In section 132(1) (exercise of powers of court and administrator) for “131” substitute “131D”.
In section 153(2) (definition of confiscation order subject to appeal: Scotland) omit the words from “; and for” to the end.
After section 153 insert—
In section 217(1) (exercise of powers of court and receiver) for “215” substitute “215D”.
In section 233 (proceedings: Northern Ireland) for subsection (7) substitute—
In section 235(2) (definition of confiscation order subject to appeal: Northern Ireland) omit the words from “; and for” to the end.
After section 235 insert—
In section 308 (recoverable property: exceptions) after subsection (8) insert—
In section 417 (property excluded from estate of person adjudged bankrupt in England and Wales) for subsection (2) substitute—
Section 418 (restriction of powers where person adjudged bankrupt in England and Wales) is amended as follows. In subsection (2)— In subsection (3) after paragraph (e) insert—
Section 419 (tainted gifts by person adjudged bankrupt in England and Wales) is amended as follows. In subsection (2)— In subsection (3) for “subsection (2)(a) or (b)” substitute “subsection (2)(a), (b) or (c)”.
In section 420 (property excluded from the debtor‘s estate where sequestration in Scotland) for subsection (2) substitute—
Section 421 (restriction of powers where award of sequestration) is amended as follows. In subsection (2)— In subsection (3) after paragraph (e) insert—
Section 422 (tainted gifts by person whose estate is sequestrated in Scotland) is amended as follows. In subsection (2)— In subsection (3) for “subsection (2)(a) or (b)” substitute “subsection (2)(a), (b) or (c)”.
In section 423 (property excluded from estate of person adjudged bankrupt in Northern Ireland) for subsection (2) substitute—
Section 424 (restriction of powers where person adjudged bankrupt in Northern Ireland) is amended as follows. In subsection (2)— In subsection (3) after paragraph (e) insert—
Section 425 (tainted gifts by person who is adjudged bankrupt in Northern Ireland) is amended as follows. In subsection (2)— In subsection (3) for “subsection (2)(a) or (b)” substitute “subsection (2)(a), (b) or (c)”.
Section 426 (winding up under the Insolvency Act 1986) is amended as follows. For subsection (2) substitute— In subsection (5)—
Section 427 (tainted gifts by company: winding up in England and Wales or Scotland) is amended as follows. In subsection (3)— In subsection (4) for “subsection (3)(a) or (b)” substitute “subsection (3)(a), (b) or (c)”.
Section 428 (winding up under the Insolvency (Northern Ireland) Order 1989) is amended as follows. For subsection (2) substitute— In subsection (5)—
Section 429 (tainted gifts by company: winding up in Northern Ireland) is amended as follows. In subsection (3)— In subsection (4) for “subsection (3)(a) or (b)” substitute “subsection (3)(a), (b) or (c)”.
Section 430 (restriction of powers where company holds property subject to floating charge) is amended as follows. For subsection (2) substitute— In subsection (5)—
Section 432 (insolvency practitioners) is amended as follows. After subsection (6) insert— For subsection (7) substitute—
In section 453A(5) (offences in relation to financial investigators) for paragraph (a) substitute—.
Section 459 (orders and regulations) is amended as follows. In subsection (4)(a) (orders not subject to negative procedure: Secretary of State etc.)— In subsection (6)(a) (orders subject to affirmative procedure: Secretary of State etc.)—
In the following provisions of that Act omit “in the prescribed form”— section 114(1)(a) (criminal record certificates: Crown employment), section 116(1)(a) (enhanced criminal record certificates: judicial appointments and Crown employment).
After section 157 of the Customs and Excise Management Act 1979 (c. 2) (general powers: bonds and security) insert—
In section 4(3) of the Finance (No. 2) Act 1992 (c. 48) (non-application of enforcement powers in the Act of 1979 to certain movements between member States), after paragraph (g), insert—.
After section 164 of the Customs and Excise Management Act 1979 (c. 2) (general powers etc: powers to search persons) insert—
In section 4(2) of the Finance (No. 2) Act 1992 (c. 48) (cases where enforcement powers exercisable)—
after “member States;” at the end of paragraph (b) omit “or”, and
after “Kingdom” at the end of paragraph (c) insert; or .
In section 4(5) of that Act (interpretation)—
“cash” has the meaning given by section 289(6) and (7) of the Proceeds of Crime Act 2002;
after “Economic Community;” omit “and”, and
“recoverable property” has the same meaning as in section 316(1) of the Proceeds of Crime Act 2002; and “unlawful conduct” has the same meaning as in section 241 of that Act;
After section 105(5) of the Postal Services Act 2000 (c. 26) (application of customs and excise enactments to certain postal packets) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After section 3(3) of the Regulation of Investigatory Powers Act 2000 (c. 23) (lawful interception without an interception warrant) insert—
After section 17(3)(b) of that Act (exclusion of matters from legal proceedings) insert—.
The importation or exportation of any identity document to which this section applies is prohibited.
This section applies to—
any false identity document,
any identity document issued or obtained in contravention of the law of the country or territory under whose jurisdiction the document is issued, and
any identity document intended to be used (whether by itself or otherwise and with or without modifications)—
to establish for unlawful purposes a false identity or address, or
to provide for such purposes evidence of a false identity or address.
In this section—
After section 141ZA of the Criminal Justice Act 1988 (c. 33) insert—
Subsection (3) applies where in any proceedings—
a person (“the defendant”) is charged in respect of the same conduct with—
an offence under any provision of the Customs and Excise Management Act 1979 by virtue of the prohibition on importation in section 141(4) of the Criminal Justice Act 1988 as it had effect before its repeal by this Act (“the old offence”), and
an offence under that provision of the 1979 Act by virtue of the prohibition on importation in section 141ZB(1) of the 1988 Act (“the new offence”),
the only thing preventing the defendant from being found guilty of the new offence is the fact that it has not been proved beyond a reasonable doubt that the conduct took place after the commencement of this section, and
the only thing preventing the defendant from being found guilty of the old offence is the fact that it has not been proved beyond a reasonable doubt that the conduct took place before the commencement of this section.
For the purpose of determining the guilt of the defendant it is to be conclusively presumed that the conduct took place after the commencement of this section.
A reference in subsection (2) to an offence includes a reference to—
aiding, abetting, counselling or procuring the commission of the offence,
conspiracy to commit the offence,
an attempt to commit the offence,
incitement to commit the offence, and
an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence.
In the provisions of the Football Spectators Act 1989 (c. 37) listed in subsection (2) for “England and Wales” (in each place) substitute “ the United Kingdom ”.
The provisions are—
in section 14 (definition of banning order and other terms), subsections (2), (3), (4), (5) and (6),
in section 19 (functions of enforcing authority and local police), subsections (2), (2A) and (2E)(a), and
in section 21A (summary measures: detention), subsection (1).
In section 19(2B)(b) of that Act omit “if the match is outside the United Kingdom”.
The police station specified under any of the provisions listed in subsection (2) may be in England, Wales, Scotland or Northern Ireland.
The provisions are—
section 14E(2) of the Football Spectators Act 1989 (banning order to include requirement to report initially at specified police station),
section 19(2B) of that Act (notice, in connection with regulated football match outside United Kingdom, requiring person to report at specified police station),
section 53(2) of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) (football banning order to include requirement to report initially at specified police station),
section 61(4) of that Act (notice, in connection with regulated football match outside United Kingdom, requiring person to report at specified police station).
In section 14E(2) of the Football Spectators Act 1989 (c. 37) omit “in England and Wales”.
In section 53(2)(a) of the Police, Public Order and Criminal Justice (Scotland) Act 2006 omit “in Scotland”.
In section 66(1) of that Act for “Scotland” substitute “ the United Kingdom ”.
The following provisions of the Football Spectators Act 1989 extend to Scotland and Northern Ireland—
section 14J(1) (offence of failing to comply with a requirement imposed by a banning order or a requirement imposed under section 19(2B) or (2C)),
section 19(6) (offence of failing, without reasonable excuse, to comply with a requirement imposed under section 19(2)),
section 20(10) (offence of making a false statement, etc. in connection with an application for exemption from requirements imposed by or under Part 2).
But in Scotland it is a defence where a person is charged with an offence by virtue of subsection (1)(a) to prove that the person had a reasonable excuse for failing to comply with the requirement in question.
A person guilty of an offence by virtue of subsection (1)(a) is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
A person guilty of an offence by virtue of subsection (1)(b) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
A person guilty of an offence by virtue of subsection (1)(c) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
The following provisions of the Police, Public Order and Criminal Justice (Scotland) Act 2006 extend to England and Wales and Northern Ireland—
section 68(1) and (2) (offences of failing to comply with a requirement imposed by a football banning order, under section 61(1) or by a notice under section 61(4), and defence of reasonable excuse),
section 68(5) (offence of making a false statement, etc. in connection with an application for exemption from a notice under section 61(4)).
A person guilty of an offence under section 68(1)(a) or (c) of that Act by virtue of subsection (1)(a) is liable on summary conviction— But in relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) the reference in paragraph (a) to 51 weeks is to be read as a reference to 6 months.
in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 5 on the standard scale (or both),
in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
A person guilty of an offence under section 68(1)(b) of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) by virtue of subsection (1)(a) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
A person guilty of an offence by virtue of subsection (1)(b) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Omit articles 1(5) and 5 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098).
In Schedule 1 to the Football Spectators Act 1989 (c. 37) (offences) in paragraph 1(a)—
after “14J(1)” insert “ , 19(6), 20(10) ”, and
after “of this Act” insert “ or section 68(1) or (5) of the Police, Public Order and Criminal Justice (Scotland) Act 2006 by virtue of section 106 of the Policing and Crime Act 2009 ”.
The Crime and Disorder Act 1998 (c. 37) is amended as follows.
In section 5 (authorities responsible for strategies) after subsection (1)(a) insert—.
In that section, in subsection (1B)(b), after “substances” insert “ or of reducing re-offending ”.
In section 6 (duty to formulate and implement strategy) at the end of subsection (1)(b) insert; and .
In that section, in subsection (9)(c), after “disorder” insert “ or re-offending ”.
In section 17(1) (duty to consider crime and disorder implications etc) at the end insert; and .
In paragraph 20 of Schedule 1 to the Serious Organised Crime and Police Act 2005 (c.15) (SOCA not a Crown body)—
at the beginning insert “ (1) Subject to sub-paragraphs (2) to (4), ”, and
at the end insert—
In section 54(3) of the Firearms Act 1968 (c. 27) (police and other persons who are exempt from certain provisions of the Act and to whom other provisions apply with modifications), at the end of paragraph (c), insert, or .
Section 23 of the Misuse of Drugs Act 1971 (c. 38) (powers to search and obtain evidence) is amended as follows.
In subsection (3) omit “acting for the police area in which the premises are situated”.
Omit subsection (5).
Schedule 7 (which contains minor and consequential amendments and repeals and revocations of provisions which are superseded or no longer required or which have not been brought into force) has effect.
The provisions listed in Schedule 8 are repealed or revoked to the extent specified.
The Secretary of State may by order make such supplementary, incidental or consequential provision as the Secretary of State considers appropriate for the general purposes, or any particular purpose, of this Act or in consequence of any provision made by or under this Act or for giving full effect to this Act or any such provision.
The power conferred by subsection (3)—
is exercisable by statutory instrument, and
includes power to make transitional, transitory or saving provision.
The power conferred by this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (including this Act and any Act passed in the same Session as this Act).
An instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Subsection (6) does not apply to an instrument containing an order under this section if the order does not amend or repeal a provision of a public general Act.
An instrument containing an order under this section to which subsection (6) does not apply is subject to annulment in pursuance of a resolution of either House of Parliament.
For the purposes of subsection (7), an amendment or repeal is not an amendment or repeal of a provision of a public general Act if it is an amendment or repeal of a provision which has been inserted (whether by substitution or otherwise) into such an Act by a local Act or by any other Act which is not a public general Act.
The Secretary of State may by order made by statutory instrument make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.
The following are to be paid out of money provided by Parliament—
any expenditure incurred by virtue of this Act by a Minister of the Crown or government department, and
any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.
In relation to the making of provision that could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998), in sections 112(3) and 113 references to the Secretary of State are to be read as references to the Department of Justice in Northern Ireland.
The power of the Department of Justice to make an order under section 112 or 113 is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not by statutory instrument).
Section 112(6) to (8) does not apply in relation to the power of the Department of Justice to make an order under section 112.
The Department of Justice may not make an order under section 112 unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
Subsection (4) does not apply to an order if the order does not amend or repeal a provision of a public general Act.
An order made by the Department of Justice under section 112 to which subsection (4) does not apply is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
Section 112(9) applies for the purposes of subsection (5) as it applies for the purposes of section 112(7).
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (4) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
An amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked subject to—
subsections (2) to (6), and
any express limitation contained in Schedule 7 or 8.
The following provisions extend to England and Wales and Northern Ireland only—
section 21 and Schedule 2,
sections 22 to 25,
section 30,
section 97,
section 106.
The following provisions extend to England and Wales only—
section 10(2),
section 27 and Schedule 3,
Part 4,
sections 93, 94 and 95,
section 104(1) and (2) (so far as relating to the Football Spectators Act 1989 (c. 37)).
Section 102 extends to England and Wales, Scotland and Northern Ireland.
Section 104(1) and (2) (so far as relating to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)) extends to Scotland only.
Subsections (1) and (3) to (5) of section 105 extend to Scotland and Northern Ireland and subsection (2) of that section extends to Scotland only.
Subject as follows, this Act comes into force on such day as the Secretary of State may by order appoint.
Before making an order under subsection (1) relating to section 104 or 105, the Secretary of State (but not the Department of Justice) must obtain the consent of the Scottish Ministers.
Subject to subsection (2A), the power to make provision by order under subsection (1) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).
The following provisions come into force on such day as the Treasury may by order appoint—
section 98,
section 99 and Part 9 of Schedule 8 (and section 112(2) so far as relating to that Part), and
section 101.
Section 27, Schedule 3 and paragraph 23 of Schedule 7 come into force—
in relation to England, on such day as the Secretary of State may by order appoint, and
in relation to Wales, on such day as the Welsh Ministers may by order appoint.
The power to make an order under subsection (1) relating to section 57 is exercisable by the Secretary of State only with the consent of the Department of Justice in Northern Ireland.
The following provisions come into force on the day on which this Act is passed—
section 81,
section 100,
section 111 and Part 12 of Schedule 8 (and section 112(2) so far as relating to that Part), and
sections 112(3) to (9) and 113 to 115, this section and section 117.
The following provisions come into force at the end of the period of 2 months beginning with the day on which this Act is passed—
Part 13 of Schedule 7 (and section 112(1) so far as relating to that Part), and
Part 13 of Schedule 8 (and section 112(2) so far as relating to that Part).
Any power to make an order under this section—
may be exercised by statutory instrument (subject to subsection (8)),
may be exercised so as to appoint different days for different purposes or different areas,
includes power to make transitional, transitory or saving provision.
The power of the Department of Justice in Northern Ireland to make an order under subsection (1) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
This Act may be cited as the Policing and Crime Act 2009.