Doc 4 - From Lisbon to Hamburg: Declaration on the Twentieth Anniversary of the OSCE Framework for Arms Control
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There is to be a body corporate to be known as the National Policing Improvement Agency.
The following are abolished—
the Central Police Training and Development Authority;
the Police Information Technology Organisation.
Schedule 1 (further provision about the National Policing Improvement Agency, and related amendments) has effect.
Schedule 2 (which makes amendments to the Police Act 1996 (c. 16)) has effect.
Section 107 of the Local Government Act 1972 (c. 70) (application to police authorities of provisions about discharge of local authority functions) is amended as follows.
After subsection (3A) there is inserted—
For subsection (4) there is substituted—
Subsection (6) (members of police authority committees must be authority members) is omitted.
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In section 1 of the Local Government Act 1999 (c. 27) (authorities that are best value authorities)—
in subsection (1), at the beginning of paragraph (d) there is inserted “(subject to subsection (8))”;
in subsection (4), for “subsection (1)(d)” there is substituted “this section”;
in subsection (6), at the beginning of paragraph (c) there is inserted “(subject to subsection (8))”;
after subsection (7) there is inserted—
A reference in any provision contained in or made under any Act other than the Local Government Act 1999 (c. 27) to an authority that is a best value authority for the purposes of Part 1 of that Act includes, if the context allows, a police authority.
Schedule 3 (power to merge police pension schemes) has effect.
Schedule 4 (which amends provisions requiring consultation with persons representing the interests of police authorities or chief officers of police so that they require consultation with the Association of Police Authorities or the Association of Chief Police Officers) has effect.
If it appears to the Secretary of State that, by reason of a change of name or otherwise— he may by order make the appropriate consequential amendments to any statutory provision (including this subsection) containing a reference to the association in question.
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the interests of chief officers of police are represented by a body that is not called the National Police Chiefs’ Council,
In subsection (2) “statutory provision” means provision contained in, or in any instrument made under, any Act.
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In section 38 of the Police Reform Act 2002 (c. 30) (police powers for police authority employees), after subsection (5) there is inserted—
After section 38 of the Police Reform Act 2002 there is inserted—
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Schedule 5, which— ... makes other minor amendments in connection with the exercise of police powers by civilians, has effect.
Schedule 6, which amends provisions in the Police and Criminal Evidence Act 1984 (c. 60) that relate to bail— has effect.
granted by a constable elsewhere than at a police station, or
granted at a police station,
for the purpose
In Part 3 of the Aviation Security Act 1982 (c. 36) (policing of airports), before section 25 there is inserted—
The Registrar General for England and Wales or the Registrar General for Northern Ireland may supply information contained in any register of deaths kept by him— for use in the prevention, detection, investigation or prosecution of offences.
to a police force in the United Kingdom,
to a special police force,
to the National Crime Agency, or
to a person or body specified, or of a description specified, by order,
The power to make an order under subsection (1)(d) is exercisable—
in relation to England and Wales, by the Registrar General for England and Wales with the approval of the Secretary of State;
in relation to Northern Ireland, by the Department of Justice in Northern Ireland after consulting the Registrar General for Northern Ireland.
A Registrar General may charge a reasonable fee in respect of the cost of supplying information under this section.
The supply of information in the exercise of the power conferred by subsection (1) may be made subject to conditions, including in particular conditions as to—
the use and storage of the information;
the period for which any record of the information may be retained;
those to whom the information may be disclosed.
This section does not limit the circumstances in which information may be supplied apart from this section.
In this section “special police force” means—
the Ministry of Defence Police;
the British Transport Police Force;
the Civil Nuclear Constabulary;
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The Immigration, Asylum and Nationality Act 2006 (c. 13) is amended as follows.
In section 32 (police powers to gather information relating to flights and voyages to or from the United Kingdom), in subsection (1) (ships and aircraft to which section applies), for paragraphs (a) and (b) there is substituted—
In each of section 32(5) (interpretation of section) and section 33(5) (police powers to gather information about freight entering or leaving the United Kingdom: interpretation of section), after paragraph (c) there is inserted, and
“ship” includes—
In section 38 (disclosure of travel and freight information for security purposes), after subsection (5) there is inserted—
After section 41 of the Police Reform Act 2002 (c. 30) there is inserted—
After Schedule 5 to that Act there is inserted the Schedule set out in Schedule 7 to this Act.
After section 41A of the Police Reform Act 2002 (c. 30) (inserted by section 15 above) there is inserted—
Part 3 of the Criminal Justice Act 2003 (c. 44) (conditional cautions) is amended as set out in subsections (2) to (4).
In section 22, for subsection (3) (types of conditions that may be attached to cautions) there is substituted—
After that subsection there is inserted—
After section 23 (requirements for conditional caution to be given) there is inserted—
In section 330 of that Act (orders subject to affirmative resolution procedure), in subsection (5)—
in paragraph (a), before “section 25(5)” there is inserted— “ section 22(3C), ”;
after that paragraph there is inserted—.
In Part 3 of the Criminal Justice Act 2003 (c. 44) (conditional cautions), after section 24 there is inserted—
The reference in subsection (1) of section 24A of the Criminal Justice Act 2003 (c. 44) (inserted by subsection (1) above) to a failure to comply with conditions attached to a conditional caution is to any such failure occurring on or after the day on which this section comes into force.
Every local authority shall ensure that it has a committee (the “crime and disorder committee”) with power—
to review or scrutinise decisions made, or other action taken, in connection with the discharge by the responsible authorities of their crime and disorder functions;
to make reports or recommendations to the local authority with respect to the discharge of those functions. “The responsible authorities” means the bodies and persons who are responsible authorities within the meaning given by section 5 of the Crime and Disorder Act 1998 (c. 37) (authorities responsible for crime and disorder strategies) in relation to the local authority's area.
“local authority” means—
Section 52 of the Prison Act 1952 (exercise of power to make orders, rules and regulations) is amended as follows. In subsection (1), after “of this Act” there is inserted “or under Schedule A1 to this Act”. After subsection (2) there is inserted— In subsection (3), after “of this Act” there is inserted “or under Schedule A1 to this Act”.
In section 11 of the Police Pensions Act 1976 (interpretation), after subsection (6) there is inserted— The amendment made by sub-paragraph (1) shall be deemed always to have had effect.
In Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (control of sex establishments), in paragraph 1(b)(ii), for “section 5 of” there is substituted “the Schedule to”.
In section 4 (membership of police authorities outside Greater London), in subsection (4), for “Schedules 2 and 3” there is substituted “Schedule 2”.
in relation to Wales, a county council or a county borough council;
For Schedule 2 there is substituted—
In section 5C (membership etc of Metropolitan Police Authority), in subsection (6), for “Schedules 2A and 3” there is substituted “Schedule 2A”.
For Schedule 2A there is substituted—
In section 19 (approval of decisions about precepts), in subsection (2)(b), for “appointed under paragraph 2 of Schedule 2” there is substituted “who are members of a relevant council as defined in paragraph 8 of Schedule 2”.
Schedules 3 (police authorities: selection of independent members) and 3A (police authorities: selection of lay justice members) are repealed.
The Agency is not to be regarded— Accordingly, the Agency’s property is not to be regarded as property of, or held on behalf of, the Crown.
The Agency may, for purposes it considers are related to any of its objects, make payments to—
the police authority for a police area in England and Wales;
the police authority for a police area in Scotland;
a joint police board constituted under an amalgamation scheme under the Police (Scotland) Act 1967 (c. 77);
the Scottish Police Services Authority.
A scheme may make provision for the transfer to the Agency or the Secretary of State—
of property, rights and liabilities of the Central Police Training and Development Authority;
of property, rights and liabilities of the Police Information Technology Organisation.
A scheme under this Part of this Schedule may contain provision—
for the Secretary of State, or any other person nominated by or in accordance with the scheme, to decide any matter requiring decision under or in consequence of the scheme, and
as to the payment of fees charged, or expenses incurred, by any person nominated to decide any matter under paragraph (a).
The appropriate authority (see sub-paragraph (4)) may by order make provision— In sub-paragraph (1) “modifying” includes adding to, varying and diminishing. Power under sub-paragraph (1) may be exercised to give the Agency objects, powers or duties in relation to persons who have no functions in relation to, nor any connection with, policing if— Power of the appropriate authority under sub-paragraph (1)— The provision falling within this sub-paragraph is provision that would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament. Power of the Scottish Ministers under sub-paragraph (1) is exercisable only with the consent of the Secretary of State. Power of the Secretary of State under sub-paragraph (1)(a), (b) and (c), so far as it is power to make provision falling within sub-paragraph (8), is exercisable only with the consent of the Scottish Ministers. The provision falling within this sub-paragraph is provision— Power of the Secretary of State under sub-paragraph (1)(d), so far as it is power to impose obligations on any of the persons mentioned in paragraph 4(2), is exercisable only with the consent of the Scottish Ministers. Before making an order under sub-paragraph (1), the Secretary of State must consult— Before making an order under sub-paragraph (1), the Scottish Ministers must consult— Before deciding whether to give consent for the purposes of sub-paragraph (7) or (9), the Scottish Ministers must consult— A body is within this sub-paragraph if it is— An order under sub-paragraph (1) may— Provision under sub-paragraph (1) (including, without prejudice to the generality of section 20(2) of the Interpretation Act 1978 (c. 30), provision made under sub-paragraph (1) in reliance on section 49(3)) may take the form of amendments of enactments whenever passed or made, including—
regulations under section 25(2)(k) or 26(2)(g) of the 1998 Act.
The Secretary of State must appoint a person to be chief executive of the Agency. Before doing so, the Secretary of State must consult the chairman of the Agency. Sub-paragraph (2) does not apply to the first appointment of a chief executive of the Agency. The chief executive of the Agency is a member of its staff. The Agency must pay to its chief executive such remuneration and allowances as the Secretary of State may determine.
The Agency is to consist of— Before appointing the chairman of the Agency, the Secretary of State must consult— The Secretary of State may not appoint a person to be chairman of the Agency for more than five years at a time. The Secretary of State must exercise his power under sub-paragraph (1)(c) to ensure that at all times the members appointed under that provision include— The Secretary of State may not under sub-paragraph (1)(c) appoint a person to be a member of the Agency for more than five years at a time. In this Part of this Schedule “appointed member” means—
The property, rights and liabilities for whose transfer a scheme under paragraph 38 may provide include (in particular)— A scheme under paragraph 38 may not provide for the transfer to the Secretary of State of rights and liabilities under contracts of employment. Before making a scheme under paragraph 38 that provides for the transfer of rights and liabilities under contracts of employment, the Secretary of State must consult such persons appearing to represent the interests of the employees concerned as the Secretary of State considers appropriate.
A scheme may make provision for the creation, in favour of the Agency or the Secretary of State, of interests in, or rights in relation to, anything that could be transferred by a scheme under paragraph 38.
A scheme under paragraph 38 may make provision for the creation of interests in or rights in relation to, or for the imposition of liabilities in relation to, anything that is or could be transferred by the scheme. A scheme under paragraph 40 may make provision for the imposition of liabilities in relation to anything created by the scheme. A scheme under paragraph 38 or 40 may contain provision about enforcement of a right or liability whose transfer, creation or imposition is provided for by the scheme.
At the time appointed for the purpose by a scheme under paragraph 38 or 40— shall, by virtue of this sub-paragraph, be transferred or (as the case may be) created or imposed in accordance with the scheme. A scheme under paragraph 38 or 40 may appoint different times for the transfer, creation or imposition of different things.
Where by virtue of subsection (1)(b) the crime and disorder committee makes a report or recommendations it shall provide a copy—
to each of the responsible authorities, and
to each of the persons with whom, and bodies with which, the responsible authorities have a duty to co-operate under section 5(2) of the Crime and Disorder Act 1998 (“the co-operating persons and bodies”).
A local authority must—
ensure that its crime and disorder committee has power (whether by virtue of section 9F(2) or 21(2) of the Local Government Act 2000 or regulations made under section 9JA(2) or 32(3) of that Act or otherwise) to make a report or recommendations to the local authority with respect to any matter which is a local crime and disorder matter in relation to a member of the authority, and
make arrangements which enable any member of the authority who is not a member of the crime and disorder committee to refer any local crime and disorder matter to the committee.
For the purposes of subsection (3)(b), arrangements enable a person to refer a matter to a committee if they enable him to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee.
Subsections (6) and (7) apply where a local crime and disorder matter is referred to a crime and disorder committee by a member of a local authority in accordance with arrangements made under subsection (3)(b).
the executive shall consider the matter and respond to the person who referred the matter to it, indicating what (if any) action it proposes to take;
the executive may refer the matter to the crime and disorder committee.
In considering whether or not to make a report or recommendations to the local authority in relation to the matter, the committee may have regard to—
any powers which the member may exercise in relation to the matter by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and
any representations made by the member as to why it would be appropriate for the committee to exercise any power which it has by virtue of subsection (3)(a) in relation to the matter.
If the committee decides not to make a report or recommendations to the local authority in relation to the matter, it must notify the member of—
its decision, and
the reasons for it.
Where a crime and disorder committee of a local authority makes a report or recommendations to the authority by virtue of subsection (3)(a), it must—
provide a copy of the report or recommendations to any member of the authority who referred the local crime and disorder matter in question to the committee in accordance with arrangements made under subsection (3)(b), and
provide a copy of the report or recommendations to such of— as it thinks appropriate.
the responsible authorities, and
the co-operating persons and bodies,
have regard to the report or recommendations in exercising its functions.
Subsection (8B) applies where the crime and disorder committee of a local authority—
makes a report or recommendations to the authority by virtue of subsection (3)(a), or
provides a copy of a report or recommendations under subsection (2) or (8)(b).
In the case of a local authority operating executive arrangements—
the crime and disorder committee is to be an overview and scrutiny committee of the authority...;
a reference in this section to making a report or recommendations to the local authority is to be read as a reference to making a report or recommendations to the local authority or the executive.
Schedule 8 (which makes further provision about the crime and disorder committees of local authorities in cases that are not within subsection (9) or (9B) and particular provision for the City of London) has effect.
Where this subsection applies—
the crime and disorder committee must notify the authority, body or person to whom it makes the report or recommendations or provides the copy that paragraph (b) applies, and
the authority, body or person must—
consider the report or recommendations;
respond to the committee indicating what (if any) action it proposes to take;
have regard to the report or recommendations in exercising its functions.
In this section—
“crime and disorder functions” means functions conferred by or under section 6 of the Crime and Disorder Act 1998 (c. 37) (formulation and implementation of crime and disorder strategies);
Section 70 (extradition request and certificate) is amended as follows. In subsection (1)— For subsection (2) there is substituted— In subsection (8)— In subsection (9), for the words after “send” there is substituted “the request and the certificate to the appropriate judge”.
In section 141 (Scotland: references to Secretary of State), in subsection (2), after “Secretary of State” there is inserted “in paragraph (b) of section 70(2), in paragraph (c) of section 93(4) and”.
In section 146(3)(c) (consent of category 1 territory to person being dealt with for other offence), after “given on behalf of the territory” there is inserted “in response to a request made by the appropriate judge”.
In section 202 (receivable documents), in subsection (4) (persons who may authenticate documents)—
in paragraph (a), for “other judicial authority” there is substituted “officer”;
after that paragraph there is inserted—.
In section 67 of the Police and Criminal Evidence Act 1984 (supplementary provisions about codes), for paragraphs (a) and (b) of subsection (4) there is substituted—.
In section 97 of the Criminal Justice and Police Act 2001 (regulations for police forces), for paragraphs (c) and (d) of subsection (4) there is substituted—
In section 47(1A) (where person released on bail under Part 4, normal powers to impose conditions of bail are available only where release is under section 37(7)(a) or 38(1)), for “37(7)(a)” there is substituted “37”.
In section 37D(1) (release on bail under section 37(7)(a) or 37C(2)(b): appointment of different or additional time to answer bail), for “37(7)(a) or section 37C(2)(b)” there is substituted “37, 37C(2)(b) or 37CA(2)(b)”. In the heading to section 37D, for “under section 37(7)(a)” there is substituted “on bail under section 37”.
“executive arrangements” means —
The Secretary of State may make payments to the Agency.
The Agency must— The statement of accounts for a financial year must be in such form, and contain such information, as the Secretary of State may direct. The Agency must, within such period following the end of each financial year as the Secretary of State may direct, send copies of the statement of accounts for that year— The Comptroller and Auditor General must—
In sections 67 and 139 (the appropriate judge), after subsection (3) there is inserted— In section 187 (re-extradition hearing), for subsection (10) there is substituted—
Section 99 (time limit for order for extradition or discharge) is amended as follows. In subsection (2)— In subsection (4)—
For subsection (8) of section 142 there is substituted—
After section 197 there is inserted—
In section 4(2B) of the Bail Act 1976 (c. 63) (no right to bail in certain extradition proceedings), for “to be unlawfully at large after conviction” there is substituted “to have been convicted”.
Sections 36A (National Policing Plan) and 37 (setting of objectives for police authorities) are repealed.
Section 96 (arrangements for obtaining the views of the community on policing) is amended as follows. In subsection (1)(b), after “crime” there is inserted “and anti-social behaviour”. In subsection (2), for “subsection (6)” there is substituted “provision made by virtue of subsection (6)(b)”. For subsections (6) to (10) there is substituted—
In section 21A of the Criminal Procedure and Investigations Act 1996 (code of practice for police interviews of certain witnesses), in subsection (4)—
before paragraph (a) there is inserted—;
sub-paragraph (i) of paragraph (a) is omitted.
local crime and disorder matter”, in relation to a member of a local authority, means a matter concerning—
As soon as possible after the end of each financial year the Agency must prepare a report on the carrying out of its functions during that year. The report for a financial year (“the report”) must include an assessment of the extent to which the annual plan for that year under paragraph 5 has been carried out. The Agency must arrange for the report to be published in such manner as it considers appropriate. The Agency must send a copy of the report to— The Secretary of State must lay a copy of the report before each House of Parliament.
Section 22 of the Criminal Justice Act 1967 (c. 80) (power of High Court to grant, or vary conditions of, bail) is amended as follows. After subsection (1) (application to grant bail etc where case stated to High Court) there is inserted— In subsection (4) (which defines certain terms used in section 22), after ““bail in criminal proceedings”” there is inserted “, “extradition proceedings””.
Section 16 (appointment of clerk by police authority) is amended as follows. In subsections (1) and (2), for “clerk to” there is substituted “chief executive of”. In the heading, for “clerk” there is substituted “chief executive”.
Section 6 (general functions of police authorities) is amended as follows. In subsection (1)— In subsection (2)— Subsection (4) (police authorities to comply with directions given under section 38 or 40) is omitted.
The crime and disorder committee of a local authority may not discharge any functions other than its functions under section 19 or this Schedule. In the case of a committee of a local authority that acts as its crime and disorder committee and also acts in one or more other capacities, the reference in sub-paragraph (1) to the crime and disorder committee is a reference to that committee in its capacity as crime and disorder committee.
In section 1(1A) of the Bail (Amendment) Act 1993 (c. 26) (right of prosecution to appeal to Crown Court against granting of bail in extradition proceedings), for “a judge of the Crown Court” there is substituted “the High Court”.
In Schedule 6 (appeals to police appeal tribunals), in paragraph 6(2), for “clerk” there is substituted “chief executive”.
After section 6 there is inserted—
Section 10 of the Justice (Northern Ireland) Act 2004 (c. 4) (prosecution right of appeal against grant of bail by magistrates' court) is amended as follows. After subsection (1) there is inserted— In subsection (3), after “subsection (1)” there is inserted “or (1A)”. In subsection (4)— In subsections (5) and (6), for “the magistrates' court” there is substituted “the court which has granted bail”. In subsection (8)— After subsection (11) there is inserted—
A reference in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) to the clerk to a police authority has effect as a reference to the chief executive of the authority. A person holding office as clerk to a police authority on the commencement of paragraph 18 continues in that office as chief executive of the authority. In this paragraph “police authority” means—
After section 10 of the Justice (Northern Ireland) Act 2004 there is inserted—
In the provisions listed in sub-paragraph (2), for “If the judge remands the person in custody he may” there is substituted “If the person is remanded in custody, the appropriate judge may”. The provisions are— section 7(10); section 8(2); section 9(5); section 21(5); section 24(3); section 30(3); section 44(6); section 46(3); section 50(3); section 51(5); section 72(9); section 74(9); section 77(5); section 90(5); section 92(5); section 107(3); section 112(3); paragraph 15 of Schedule 1 (in the inserted subsection (5)); paragraph 33 of Schedule 1 (in the inserted subsection (1B)); paragraph 36 of Schedule 1 (in subsection (6) of the inserted section 128B).
In paragraph 81(4) of Schedule 9 to the Constitutional Reform Act 2005 (c. 4) (amendments substituting “Supreme Court” for “House of Lords” in provisions of the Extradition Act 2003)—
after paragraph (b) there is inserted—;
after paragraph (i) there is inserted—.
Before section 38 there is inserted—
Section 38 (setting of performance targets) is amended as follows. In subsection (1)— In subsection (2), for “section 37” there is substituted “section 37A”. After subsection (4) there is inserted—
In subsection (9) “overview and scrutiny committee” means—
in relation to England, an overview and scrutiny committee within the meaning of Chapter 2 of Part 1A of the Local Government Act 2000 (see section 9F of that Act), and
in relation to Wales, an overview and scrutiny committee within the meaning of Part 2 of that Act (see section 21 of that Act).
In the case of a local authority that operates a committee system and has appointed one or more overview and scrutiny committees under section 9JA of the Local Government Act 2000, the crime and disorder committee is to be one of those committees.
The Secretary of State may issue guidance to— with regard to the exercise of their functions under or by virtue of section 19.
local authorities in England,
members of those authorities, and
crime and disorder committees of those authorities,
The National Assembly for Wales, after consulting the Secretary of State, may issue guidance to— with regard to the exercise of their functions under or by virtue of section 19.
local authorities in Wales,
members of those authorities, and
crime and disorder committees of those authorities,
The Secretary of State may by regulations make provision supplementing that made by section 19 in relation to local authorities in England.
The Secretary of State, after consulting the National Assembly for Wales, may by regulations make provision supplementing that made by section 19 in relation to local authorities in Wales.
Regulations under subsection (3) or (4) may in particular make provision—
as to the co-opting of additional members to serve on the crime and disorder committee of a local authority;
as to the frequency with which the power mentioned in section 19(1)(a) is to be exercised;
requiring information to be provided to the crime and disorder committee by the responsible authorities and the co-operating persons and bodies;
imposing restrictions on the provision of information to the crime and disorder committee by the responsible authorities and the co-operating persons and bodies;
requiring officers or employees of the responsible authorities and the co-operating persons and bodies to attend before the crime and disorder committee to answer questions;
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specifying the periods within which—
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the responsible authorities and the co-operating persons and bodies are to consider and respond to a report or recommendations made under or by virtue of section 19.
Regulations made by virtue of subsection (5)(a) may provide for a person co-opted to serve as a member of a crime and disorder committee to have the same entitlement to vote as any other member.
In subsection (5)(c) and (d), references to information are, in relation to any crime and disorder committee, to information relating to—
the discharge, or decisions made or other action taken in connection with the discharge, by the responsible authorities of their crime and disorder functions; or
local crime and disorder matters in relation to which the committee has functions under or by virtue of section 19.
In this section “local authority”, “crime and disorder committee”, “responsible authorities” , “ co-operating persons and bodies ”, “ crime and disorder functions ” and “ local crime and disorder matters ” ” have the same meaning as in section 19.
In section 5 of the Crime and Disorder Act 1998 (c. 37) (authorities responsible for crime and disorder strategies), after subsection (1B) there is inserted—
Schedule 9 (which contains amendments to the Crime and Disorder Act 1998 (c. 37) in relation to crime and disorder strategies and other matters relating to the reduction of crime and disorder) has effect.
In Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities), after section 25 there is inserted—
In section 29(1) of that Act (interpretation of sections 25 to 29) the following definitions are inserted at the appropriate places—; “housing management functions”, in relation to a registered social landlord, include— “local authority” means— “registered social landlord” means a body registered as such under Chapter 1 of Part 1 of the Housing Act 1996;
In Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities), after section 26 there is inserted—
In Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities), after section 28 there is inserted—
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This section applies to proceedings in which a local authority is a party by virtue of section 222 of the Local Government Act 1972 (c. 70) (power of local authority to bring, defend or appear in proceedings for the promotion or protection of the interests of inhabitants of their area).
If the court grants an injunction which prohibits conduct which is capable of causing nuisance or annoyance to a person it may, if subsection (3) applies, attach a power of arrest to any provision of the injunction.
This subsection applies if the local authority applies to the court to attach the power of arrest and the court thinks that either—
the conduct mentioned in subsection (2) consists of or includes the use or threatened use of violence, or
there is a significant risk of harm to the person mentioned in that subsection.
Where a power of arrest is attached to any provision of an injunction under subsection (2), a constable may arrest without warrant a person whom he has reasonable cause for suspecting to be in breach of that provision.
After making an arrest under subsection (4) the constable must as soon as is reasonably practicable inform the local authority.
Where a person is arrested under subsection (4)—
he shall be brought before the court within the period of 24 hours beginning at the time of his arrest, and
if the matter is not then disposed of forthwith, the court may remand him.
For the purposes of subsection (6), when calculating the period of 24 hours referred to in paragraph (a) of that subsection, no account shall be taken of Christmas Day, Good Friday or any Sunday.
Schedule 10 applies in relation to the power to remand under subsection (6).
If the court has reason to consider that a medical report will be required, the power to remand a person under subsection (6) may be exercised for the purpose of enabling a medical examination and report to be made.
If such a power is so exercised the adjournment shall not be in force—
for more than three weeks at a time in a case where the court remands the accused person in custody, or
for more than four weeks at a time in any other case.
If there is reason to suspect that a person who has been arrested under subsection (4) is suffering from mental disorder within the meaning of the Mental Health Act 1983 the court shall have the same power to make an order under section 35 of that Act (remand for report on accused's mental condition) as the Crown Court has under that section in the case of an accused person within the meaning of that section.
For the purposes of this section—
“harm” includes serious ill-treatment or abuse (whether physical or not);
“local authority” has the same meaning as in section 222 of the Local Government Act 1972 (c. 70);
“the court” means the High Court or the county court and includes—
in relation to the High Court, a judge of that court, and
in relation to the county court, a judge ... of that court.
In section 5A of the Prison Act 1952 (c. 52) (appointment and functions of Her Majesty's Chief Inspector of Prisons), after subsection (6) there is inserted—
At the beginning of the Schedules to that Act there is inserted—
In section 54 of the Police Act 1996 (c. 16) (appointment and functions of Her Majesty's Inspectors of Constabulary), after subsection (5) there is inserted—
After Schedule 4 to that Act there is inserted—
In section 2 of the Crown Prosecution Service Inspectorate Act 2000 (c. 10) (functions of Her Majesty's Chief Inspector of the Crown Prosecution Service), after subsection (4) there is inserted—
At the end of that Act there is inserted—
In section 7 of the Criminal Justice and Court Services Act 2000 (c. 43) (functions of Her Majesty's Inspectorate of the National Probation Service for England and Wales), after subsection (6) there is inserted—
After Schedule 1 to that Act there is inserted—
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In Part 5 of the Courts Act 2003 (c. 39) (inspectors of court administration), after section 61 there is inserted—
After Schedule 3 to that Act there is inserted—
In relation to any time before the commencement of the provision in Part 8 of the Education and Inspections Act 2006 (c. 40) establishing the office of Her Majesty's Chief Inspector of Education, Children's Services and Skills, a reference to that inspector in any provision inserted by this Part is to be read as a reference to—
Her Majesty's Chief Inspector of Schools in England, and
the Adult Learning Inspectorate.
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Part 12 of the Criminal Justice Act 2003 (c. 44) (sentencing) is amended as follows.
“sentence of imprisonment” does not include a sentence of imprisonment passed in respect of a summary conviction for an offence under section 6(1) or (2) of the Bail Act 1976.
In section 237 (meaning of “fixed-term prisoner” for purposes of Chapter 6), after subsection (1) there is inserted—
In section 257 (additional days for disciplinary offences), after subsection (2) there is inserted—
In section 258 (early release for fine defaulters and contemnors), after subsection (1) there is inserted—
In section 305(1) (interpretation of Part 12), in paragraph (c) of the definition of “sentence of imprisonment”, at the end there is inserted “(including contempt of court or any kindred offence)”.
In the Computer Misuse Act 1990 (c. 18) (“the 1990 Act”), section 1 (offence of unauthorised access to computer material) is amended as follows.
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in paragraph (a), after “any computer” there is inserted “, or to enable any such access to be secured”;
in paragraph (b), after “secure” there is inserted “, or to enable to be secured,”.
For subsection (3) there is substituted—
For section 3 of the 1990 Act (unauthorised modification of computer material) there is substituted—
After section 3 of the 1990 Act there is inserted—
The amendments made by— apply only where every act or other event proof of which is required for conviction of an offence under section 1 of the 1990 Act takes place after that subsection comes into force.
subsection (2) of section 35, and
paragraphs 19(2), 25(2) and 29(2) of Schedule 14,
The amendments made by— do not apply in relation to an offence committed before that subsection comes into force.
subsection (3) of section 35, and
paragraphs 23, 24, 25(4) and (5), 26, 27(2) and (7) and 28 of Schedule 14,
An offence is not committed under the new section 3 unless every act or other event proof of which is required for conviction of the offence takes place after section 36 above comes into force.
In relation to a case where, by reason of subsection (3), an offence is not committed under the new section 3—
section 3 of the 1990 Act has effect in the form in which it was enacted;
paragraphs 19(3), 25(3) to (5), 27(4) and (5) and 29(3) and (4) of Schedule 14 do not apply.
An offence is not committed under the new section 3A unless every act or other event proof of which is required for conviction of the offence takes place after section 37 above comes into force.
In the case of an offence committed before 2 May 2022, the following provisions have effect as if for “the general limit in a magistrates’ court” there were substituted “ six months ”
paragraph (a) of the new section 1(3);
paragraph (a) of the new section 2(5);
subsection (6)(a) of the new section 3;
subsection (5)(a) of the new section 3A.
In this section—
“the new section 1(3)” means the subsection (3) substituted in section 1 of the 1990 Act by section 35 above;
“the new section 2(5)” means the subsection (5) substituted in section 2 of the 1990 Act by paragraph 17 of Schedule 14 to this Act;
“the new section 3” means the section 3 substituted in the 1990 Act by section 36 above;
“the new section 3A” means the section 3A inserted in the 1990 Act by section 37 above.
The Protection of Children Act 1978 (c. 37) is amended as follows.
In section 4 (entry, search and seizure)—
subsection (3) is omitted;
for subsection (4) there is substituted—
For section 5 (forfeiture) there is substituted—
At the end of the Act there is inserted the Schedule set out in Schedule 11 to this Act.
The amendment made by paragraph (b) of subsection (2) has effect only in relation to warrants issued under section 4 of the Protection of Children Act 1978 after the commencement of that paragraph.
The amendments made by subsections (2)(a), (3) and (4) and Schedule 11 have effect whether the property in question was lawfully seized before or after the coming into force of those provisions. This is subject to subsection (7).
Those amendments do not have effect in a case where the property has been brought before a justice of the peace under section 4(3) of the Protection of Children Act 1978 before the coming into force of those provisions.
The Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) is amended as follows.
In Article 4 (entry, search and seizure), for paragraph (2) there is substituted—
For Articles 5 and 6 (forfeiture) there is substituted—
At the end of the Order there is inserted the Schedule set out in Schedule 12.
The amendment made by subsection (2) has effect only in relation to warrants granted under Article 4(1) of the Protection of Children (Northern Ireland) Order 1978 after the commencement of that subsection.
The amendments made by subsections (3) and (4) and Schedule 12 have effect whether the property in question was lawfully seized before or after the coming into force of those provisions. This is subject to subsection (7).
Those amendments do not have effect in a case where the property has been brought before a resident magistrate under Article 5(1) of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) before the coming into force of those provisions.
The Secretary of State may make regulations conferring functions on the Director General of the Independent Office for Police Conduct (“the Director General”) in relation to—
the exercise by immigration officers of specified enforcement functions;
the exercise by officials of the Secretary of State of specified enforcement functions relating to immigration or asylum;
the provision of services pursuant to arrangements relating to the discharge of a function within paragraph (a) or (b).
In subsection (1) the reference to enforcement functions includes, in particular, reference to—
powers of entry,
powers to search persons or property,
powers to seize or detain property,
powers to arrest persons,
powers to detain persons,
powers to examine persons or otherwise to obtain information (including powers to take fingerprints or to acquire other personal data), and
powers in connection with the removal of persons from the United Kingdom.
The Secretary of State may make regulations conferring functions on the Director General in relation to—
the exercise by designated customs officials, and officials of the Secretary of State, of customs functions within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009;
the exercise by the Director of Border Revenue, and any person exercising functions of the Director, of customs revenue functions within the meaning of that Part of that Act;
the provision of services pursuant to arrangements relating to the discharge of a function within paragraph (a) or (b).
Regulations under subsection (1) may not confer functions on the Director General in relation to the exercise by any person of a function conferred on him by or under Part 8 of the Immigration and Asylum Act 1999 (c. 33).
Regulations under subsection (1) or (2A)—
may apply (with or without modification) or make provision similar to any provision of or made under Part 2 of the Police Reform Act 2002 (c. 30) (complaints);
may make provision for payment by the Secretary of State to or in respect of the Director General.
The Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—
by virtue of this section, or
under the Parliamentary Commissioner Act 1967 (c. 13).
The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—
the Director General has functions by virtue of this section, and
the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967 (c. 13).
Regulations under subsection (1) or (2A) shall relate only to the exercise of functions in or in relation to England and Wales , including the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales.
In this section “immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 (c. 77).
Schedule 13 (which in Part 1 makes amendments to the Extradition Act 2003 (c. 41) and in Part 2 makes other amendments concerning extradition) has effect.
In article 3(2) of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 (S.I. 2003/3334) (territories designated for the purposes of sections 71, 73, 84 and 86 of the Extradition Act 2003) the entry for the United States of America is omitted.
An order bringing subsection (1) into force is not to be made—
within the period of 12 months beginning with the day on which this Act is passed, or
if instruments of ratification of the 2003 treaty have been exchanged. In this subsection “the 2003 treaty” means the Extradition Treaty between the United Kingdom of Great Britain and Northern Ireland and the United States of America signed at Washington on 31st March 2003.
Subject to subsection (2), if after the end of the period mentioned in subsection (2)(a) a resolution is made by each House of Parliament that subsection (1) should come into force, the Secretary of State shall make an order under section 53 bringing it into force.
An order made by virtue of subsection (3) must bring subsection (1) into force no later than one month after the day on which the resolutions referred to in subsection (3) are made or, if they are made on different days, the day on which the later resolution is made.
If subsection (1) is brought into force, it does not affect the power of the Secretary of State to make a further order under section 71(4), 73(5), 84(7) or 86(7) of the Extradition Act 2003 amending article 3 of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 so as to add a reference to the United States of America.
An order such as is mentioned in subsection (5) may include provision repealing this section.
Section 1 of the Repatriation of Prisoners Act 1984 (c. 47) (issue of warrant for transfer) is amended as follows.
In subsection (1), for paragraph (c) there is substituted—.
In subsection (5), for the words from the beginning to “was given” there is substituted “ In such a case as is referred to in subsection (1)(c) above, the relevant Minister shall not issue a warrant under this Act unless he is satisfied that the prisoner's consent was given ”.
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For section 57 of the Crime and Disorder Act 1998 (c. 37) (use of live television links at preliminary hearings) there is substituted—
The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.
After section 34(7) (persons who are to be treated as arrested) there is inserted—
After section 46 (detention after charge) there is inserted—
In section 46A (power of arrest for failure to answer to police bail) after subsection (1) there is inserted—
In section 47 (bail after arrest) —
in subsection (3), for paragraphs (a) and (b) and the words following them there is substituted—;
in subsection (7), at the end there is inserted “ or to a person to whom section 46ZA(4) or (5) applies ”.
In section 54 (searches of detained persons), in subsection (1)(b), after “37 above” there is inserted “ or as a person to whom section 46ZA(4) or (5) applies ”.
After section 33 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (interpretation etc of Chapter 1 of Part 2) there is inserted—
In section 22 of the Criminal Appeal Act 1968 (c. 19) (right of appellant to be present at criminal appeal hearings in Court of Appeal), after subsection (3) there is inserted—
In section 23 of that Act (giving of evidence), after subsection (4) there is inserted—
In section 31(2) of that Act (powers exercisable by single judge), after paragraph (c) there is inserted—.
Subsections (2) to (5) apply to any power to make an order or regulations that is conferred by this Act on— Subsections (2) and (3) also apply to any power to make an order that is conferred by this Act on the Scottish Ministers or the National Assembly for Wales.
the Secretary of State, or
the Registrar General, ...
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The power is exercisable by statutory instrument.
The power may be exercised so as—
to make different provision for different purposes or different areas;
to make provision generally or for specified cases or circumstances;
to make incidental, supplemental, consequential, saving or transitional provision.
A statutory instrument containing an order or regulations made under any power to which this subsection applies, other than— is subject to annulment in pursuance of a resolution of either House of Parliament.
an order to which subsection (5) applies, or
an order under section 53,
A statutory instrument containing— may not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.
an order under paragraph 48 of Schedule 1, or
an order that includes provision made by virtue of section 51(3)(b)(i) or (ii),
A statutory instrument containing an order under paragraph 48 of Schedule 1 made by the Scottish Ministers may not be made unless a draft has been laid before, and approved by a resolution of, the Scottish Parliament.
A statutory instrument containing an order under section 51 made by the Scottish Ministers, other than an order to which subsection (8) applies, is subject to annulment in pursuance of a resolution of the Scottish Parliament.
A statutory instrument containing an order under section 51 made by the Scottish Ministers that includes provision made by virtue of subsection (3)(b)(i) of that section may not be made unless a draft has been laid before, and approved by a resolution of, the Scottish Parliament.
The power of the Department of Justice in Northern Ireland to make an order under section 13(1)(d) or paragraph 48 of Schedule 1 is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 and subsection (3) above applies in relation to the power as it applies in relation to a power mentioned in subsection (1) above.
An order made by the Department of Justice under section 13(1)(d) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
No order may be made by the Department of Justice in Northern Ireland under paragraph 48 of Schedule 1 unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (11) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
There is to be paid out of money provided by Parliament—
any expenditure incurred by a Minister of the Crown by virtue of this Act;
any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.
Sums received by a Minister of the Crown by virtue of this Act are to be paid into the Consolidated Fund.
The Secretary of State may by order make— that he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act.
any supplementary, incidental or consequential provision, and
any transitional or saving provision,
The power conferred by subsection (1) is exercisable by the Scottish Ministers (rather than the Secretary of State) where the provision to be made is within the legislative competence of the Scottish Parliament.
An order under this section may in particular—
provide for any provision of this Act which comes into force before another provision has come into force to have effect, until that other provision has come into force, with specified modifications;
amend or repeal—
any Act (including this Act and any Act passed in the same Session as this Act) or any Act of the Scottish Parliament;
Northern Ireland legislation;
subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) made before the passing of this Act.
Nothing in this section limits the power under section 49 to include transitional or saving provision in a commencement order under section 53.
The amendments that may be made by virtue of subsection (3)(b) are in addition to those that are made by, or may be made under, any other provision of this Act.
Schedules 14 (minor and consequential amendments) and 15 (repeals and revocations) have effect.
Subject to subsections (2) to (9)— come into force in accordance with provision made by order by the Secretary of State.
Parts 1 to 5, and
section 52 (and Schedules 14 and 15),
Subsection (1) does not apply to—
section 43(2) to (6);
paragraph 6 of Schedule 13;
paragraphs 7(3)(a), 14, 15 and 24 to 26 of Schedule 2 (and section 2 so far as relating to those paragraphs);
paragraphs 34, 39, 47, 49 and 59 of Schedule 14;
the repeals in Part 1(B) of Schedule 15 that relate to the paragraphs mentioned in paragraphs (c) and (d);
section 52 so far as relating to any of those paragraphs and repeals.
An order bringing the following provisions into force may be made only with the consent of the Scottish Ministers—
section 1(2)(b);
Parts 5 and 6 of Schedule 1 and paragraphs 51 to 53 of that Schedule (and section 1(3) so far as relating to those provisions);
in Part 1(A) of Schedule 15, the repeals in or of the following provisions (and section 52 so far as relating to those repeals)—
the Police (Scotland) Act 1967 (c. 77);
sections 109 to 111 of the Police Act 1997 (c. 50), Schedule 8 to that Act and paragraphs 10, 12 and 14 of Schedule 9 to that Act;
the Scottish Public Services Ombudsman Act 2002 (asp 11).
The following provisions come into force in accordance with provision made by order by the Scottish Ministers—
sections 35 to 38 so far as they extend to Scotland;
paragraphs 17 to 19 and 29 of Schedule 14 so far as they extend to Scotland;
paragraph 25 of that Schedule;
the repeals in Part 4 of Schedule 15 of—
provisions in section 13 of the Computer Misuse Act 1990 (c. 18);
section 17(7) of that Act so far as it extends to Scotland;
paragraph 77 of Schedule 4 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40);
section 52 so far as relating to those paragraphs and repeals.
Paragraph 7(2) of Schedule 9 (and section 22 so far as relating to that paragraph), so far as relating to fire and rescue authorities in Wales, comes into force in accordance with provision made by order by the National Assembly for Wales.
The following provisions, so far as relating to local authorities in Wales, come into force in accordance with provision made by order by the National Assembly for Wales—
sections 19 and 20 and Schedule 8;
paragraph 38 of Schedule 14 (and section 52 so far as relating to that paragraph);
section 27 and Schedule 10;
the repeal in Part 3 of Schedule 15 of section 91 of the Anti-social Behaviour Act 2003 (c. 38) (and section 52 so far as relating to that repeal).
The following provisions, so far as relating to local authorities in Wales or registered social landlords on the register maintained by the National Assembly for Wales, come into force in accordance with provision made by order by the Assembly—
sections 23 to 25;
paragraphs 53 to 57 of Schedule 14 (and section 52 so far as relating to those paragraphs).
The following provisions— come into force in accordance with provision made by order by the National Assembly for Wales.
so far as relating to the granting of injunctions on the application of a relevant Welsh landlord—
section 26,
paragraph 32 of Schedule 14,
in Part 3 of Schedule 15, the repeal of section 13(4)(b) of the Anti-social Behaviour Act 2003 (c. 38), and
section 52 so far as relating to that paragraph and that repeal,
so far as relating to any tenancy where the landlord is a relevant Welsh landlord—
paragraphs 12, 13 and 15 of Schedule 14, and
section 52 so far as relating to those paragraphs, and
so far as relating to a relevant Welsh landlord—
paragraph 33 of Schedule 14, and
section 52 so far as relating to that paragraph,
For the purposes of subsection (8), each of the following is a “relevant Welsh landlord”—
a Welsh county council or county borough council;
a registered social landlord on the register maintained by the National Assembly for Wales;
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The provision that may (by virtue of section 49(3)(c)) be made in an order under this section bringing section 4 into force includes provision prescribing modifications of Part 1 of the Local Government Act 1999 (c. 27) in its application to police authorities.
Subject to subsections (2) to (6), Parts 1 to 5 extend to England and Wales only.
The following provisions extend also to Scotland and Northern Ireland— section 1(2)(b); Parts 5 and 6 of Schedule 1 (and section 1(3) so far as relating to those Parts); section 5 and Schedule 3; section 38; section 41.
Sections 6 and 13 extend also to Northern Ireland.
Section 40 and Schedule 12 extend to Northern Ireland only.
Any amendment or repeal made by this Act extends to the same part or parts of the United Kingdom as the provision to which it relates.
Subsection (5) does not apply to the amendments made by paragraphs 14 and 37 of Schedule 14, which do not extend to Scotland.
In section 63 of the Immigration, Asylum and Nationality Act 2006 (c. 13) (extent), after subsection (3) (power to extend Act to Channel Islands or Isle of Man with or without modification or adaptation) there is inserted—
This Act may be cited as the Police and Justice Act 2006.
Section 1
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the identification, development and promulgation of good practice in policing;
the provision to listed police forces of expert advice about, and expert assistance in connection with, operational and other policing matters;
the identification and assessment of— police forces within the meaning given by section 101 of the Police Act 1996 (c. 16) (police forces for police areas in England and Wales), and the making of recommendations to the Secretary of State in the light of its assessment of any opportunities and threats;
opportunities for, and
threats to,
the international sharing of understanding of policing issues;
the provision of support to listed police forces in connection with—
information technology,
the procurement of goods, other property and services, and
training and other personnel matters;
the doing of all such other things as are incidental or conducive to the attainment of any of the objects mentioned in paragraphs (a) to (e).
The Agency must pay to the appointed members such remuneration and allowances as the Secretary of State may determine. The Agency must, if required to do so by the Secretary of State— Sub-paragraph (4) applies if— The Secretary of State may require the Agency to pay to the person such amount as the Secretary of State may determine.
The Agency may pay, or make payments in respect of, such pensions or gratuities to or in respect of persons who are, or have been, members of its staff as the Agency may determine, including pensions or gratuities by way of compensation to or in respect of members of the Agency’s staff who suffer loss of employment or loss or diminution of emoluments. Employment as a member of the staff of the National Policing Improvement Agency. The Agency must pay to the Minister for the Civil Service, at such times as that Minister may direct, such sums as that Minister may determine in respect of any increase attributable to this paragraph in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
The Secretary of State may require Her Majesty’s Chief Inspector of Constabulary to inspect, and report on, the efficiency and effectiveness of the Agency. A requirement under sub-paragraph (1) may be general or relate to a particular matter. Section 32 (powers of persons carrying out inspections) applies to a person involved in the carrying out of an inspection under sub-paragraph (1) as it applies to a person involved in the carrying out of an inspection under Part 4 of this Act.
Before the beginning of each financial year the Agency must prepare a plan setting out how it intends during that year to exercise its powers. The plan for a financial year (“the plan”) must state— Priorities within sub-paragraph (2)(a)— but in any event must be so framed as to be consistent with strategic priorities determined under that paragraph. The plan must state, in relation to each priority within sub-paragraph (2)(a) or (b), how the Agency intends to give effect to that priority. The Agency must arrange for the plan to be published in such manner as it considers appropriate. The Agency must send a copy of the plan to— Before finalising the plan, the Agency must consult—
The National Policing Improvement Agency.
The National Policing Improvement Agency.
In section 94(3) of the Sexual Offences Act 2003 (supply of information to Secretary of State etc for verification), for paragraph (b) there is substituted—.
Paragraph 8 does not apply to the crime and disorder committee of the Common Council or to a sub-committee of that committee.
Sub-paragraph (2) applies where— The Minister for the Civil Service may determine that the person’s service as an appointed member of the Agency is to be treated for the purposes of the scheme as employment as a member of the Agency’s staff (whether or not any benefits are payable to or in respect of him under paragraph 12).
The Common Council may discharge its duty under section 19(1) by itself acting as the crime and disorder committee of the Council, and sub-paragraphs (2) to (4) apply if it does so. In section 19 or 20 or this Schedule, or in section 5 of the Crime and Disorder Act 1998 (c. 37) (authorities responsible for crime and disorder strategies), a reference to the crime and disorder committee of a local authority includes a reference to the Common Council in its capacity as crime and disorder committee. Paragraph 2, in its application to the Common Council, has effect with the omission of sub-paragraph (2). Paragraph 9, in its application to the Common Council, applies only so far as it relates to sub-committees.
In paragraphs 10 and 11 “the Common Council” means the Common Council of the City of London.
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The Agency may make such charges as it considers appropriate in connection with the carrying out of any of its functions. The Agency must pay to the Secretary of State all sums received by it in the course of, or in connection with, the carrying out of its functions. Sub-paragraph (2)—
In section 51A(2E) of the Health and Safety at Work etc. Act 1974 (provisions which impose liability on others for unlawful conduct of constables but which do not apply to liability under Part 1 of the 1974 Act), after paragraph (f) there is inserted—.
The Police Pensions Act 1976 is amended as follows.
The Secretary of State may determine strategic priorities for the Agency. Before determining any such priorities the Secretary of State must consult— Sub-paragraph (2)(b) and (c) do not apply in relation to strategic priorities for the Agency so far as the priorities relate— but before determining any such priorities so far as so relating, the Secretary of State must consult the Scottish Ministers. Those persons are— The Secretary of State must arrange for any priorities determined under this paragraph to be published in such manner as he considers appropriate.
In section 7(2) (persons eligible for police pensions), after paragraph (ce) there is inserted—.
Section 11 (interpretation) is amended as follows. In subsection (1) (references to membership of a police force etc), after paragraph (be) there is inserted—. In subsection (2) (meaning of “police authority”), after paragraph (e) there is inserted—. In subsection (3) (meaning of “police force”), in paragraph (b), after “(be),” there is inserted “(bf),”.
the misuse of drugs, alcohol and other substances, which affects all or part of the electoral area for which the member is elected or any person who lives or works in that area, or
In paragraphs 1 and 2(2) “listed police force” means an entity within sub-paragraph (3), together with persons employed for the purposes of the entity. In paragraph 2(5) “restrictedly listed police force” means an entity within sub-paragraph (3)(k) to (r), together with persons employed for the purposes of the entity. Those entities are— The Secretary of State may by order provide for a person specified in the order, or of a description so specified, to be treated as being a listed police force for the purposes of paragraphs 1 and 2(2).
In Parts 1 to 5, and this Part, of this Schedule— In Parts 1 to 5 of this Schedule “financial year” means— In Part 2 of this Schedule “appointed member” has the meaning given by paragraph 7(6).
National Policing Improvement Agency.
The National Policing Improvement Agency.
In section 11 (bars to extradition)— After section 19A (inserted by paragraph 3 above) there is inserted—
In section 35 (extradition where no appeal), in paragraph (a) of subsection (4) (period within which person must be extradited), for “the day on which the judge makes the order” there is substituted “the first day after the period permitted under section 26 for giving notice of appeal against the judge’s order”. Paragraph (a) applies only if the day mentioned in that paragraph is later than the day mentioned in section 35(4)(a). This subsection applies only if the day on which the order is made is later than the day mentioned in section 35(4)(a).
In section 47(1B) and (1C) (applications to court where person on bail under section 37(7)(a) or 37C(2)(b)), for “37(7)(a) or 37C(2)(b)” there is substituted “37, 37C(2)(b) or 37CA(2)(b)”.
In section 30B (bail under section 30A: notices), after subsection (4) there is inserted—
After section 37C there is inserted— In section 37A(1)(a) and (3) (guidance as to exercise of functions under sections 37(7) and 37C(2)), after “37C(2)” there is inserted “or 37CA(2)”.
The crime and disorder committee of a local authority or a sub-committee of such a committee— A member or officer of a local authority shall comply with any requirement made under sub-paragraph (1)(a). A person is not obliged by sub-paragraph (2) to answer any question that he would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.
In section 79 (bars to extradition)— After section 83 there is inserted—
An order bringing paragraph 4 or 5 into force is not to be made within the period of 12 months beginning with the day on which this Act is passed. If after the end of that period a resolution is made by each House of Parliament that paragraphs 4 and 5 (or either of them) should come into force, the Secretary of State shall make an order under section 53 bringing the paragraphs (or paragraph) into force. An order made by virtue of sub-paragraph (2) must bring the provisions in question into force no later than one month after the day on which the resolutions referred to in that sub-paragraph are made or, if they are made on different days, the day on which the later resolution is made.
The Agency must consult the Scottish consultees— Those persons are— In sub-paragraph (1) “the Scottish consultees” means— The Agency must consult the Secretary of State— Those persons are—
This paragraph applies if a scheme under paragraph 38 provides for the transfer of rights and liabilities under a contract of employment. The contract— The rights, powers, duties and liabilities of the old employer under or in connection with the contract are (by virtue of paragraph 42(1)) transferred to the Agency at the appointed time. Anything done before the appointed time by or in relation to the old employer in respect of the contract or the employee is to be treated from that time as having been done by or in relation to the Agency. Sub-paragraphs (2) to (4) have effect subject to sub-paragraph (6). If the employee informs the old employer or the Agency that he objects to the transfer— In this paragraph “the appointed time” means the time appointed by or under the scheme for the transfer of rights and liabilities under the contract. Nothing in this Part of this Schedule affects any right the employee has to terminate his contract of employment if (apart from the change of employer) a substantial change is made to his detriment in his working conditions.
A scheme under this Part of this Schedule may contain supplementary, incidental, transitional and consequential provision.
In section 11 (bars to extradition)— After section 19 there is inserted— In section 93 (Secretary of State’s consideration of case), after paragraph (c) of subsection (2) there is inserted— After section 96 there is inserted—
In section 29 (court’s powers on appeal under section 28), after subsection (6) there is inserted— In section 30 (detention pending conclusion of appeal under section 28)— In section 32 (appeal to House of Lords), for subsection (10) there is substituted— In section 33 (powers of House of Lords on appeal under section 32), at the end there is inserted— After section 33 there is inserted— In section 104 (court’s powers on appeal under section 103), after subsection (7) there is inserted— In section 106 (court’s powers on appeal under section 105), after subsection (8) there is inserted— In section 107 (detention pending conclusion of appeal under section 105)— In section 111 (court’s powers on appeal under section 110), after subsection (5) there is inserted— For section 112 there is substituted— In section 114 (appeal to House of Lords), for subsection (10) there is substituted— In section 115 (powers of House of Lords on appeal under section 114), after subsection (8) there is inserted— After section 115 there is inserted—
In section 142 of the Criminal Justice Act 1988 (power of justice of the peace to authorise entry and search of premises for offensive weapons), in subsection (3), for “subsection (1)(b)” there is substituted “subsection (1)(c)”.
In section 2 of the Computer Misuse Act 1990 (unauthorised access with intent to commit or facilitate commission of further offences), for subsection (5) there is substituted—
In subsection (1)(b) of— for “section 153A(4)” there is substituted “any of paragraphs (a) to (d) of section 153A(3)”.
section 153C of the Housing Act 1996 (injunctions: exclusion order and power of arrest), and
section 154 of that Act (powers of arrest: ex parte applications for injunctions),
In section 38(4) of the Crime and Disorder Act 1998 (meaning of “youth justice services”), in paragraph (ee), for “sections 25 to 27” there is substituted “sections 25, 26 and 27”.
In section 34 of the Regulation of Investigatory Powers Act 2000 (grant of authorisations in senior officer’s absence), for paragraph (a) of subsection (6) (meaning of “designated deputy”) there is substituted—.
In the heading to section 4 of that Act (territorial scope of offences under that Act), for “offences under this Act” there is substituted “offences under sections 1 to 3”.
In section 218A of that Act (anti-social behaviour: landlords' policies and procedures), for subsection (8) there is substituted—
Section 5 of that Act (significant links with domestic jurisdiction) is amended as follows. In subsection (2), for paragraph (b) there is substituted— In subsection (3)—
In section 6 of that Act (territorial scope of inchoate offences)—
in the heading, for “offences under this Act” there is substituted “offences under sections 1 to 3”;
in subsections (1) and (3), for “offence under this Act” there is substituted “offence under section 1, 2 or 3 above”.
In section 7 of that Act (territorial scope of inchoate offences related to offences under external law)—
in the heading, for “offences under this Act” there is substituted “offences under sections 1 to 3”;
in subsection (4), for “offence under this Act” there is substituted, in each place, “offence under section 1, 2 or 3 above”.
In section 9 of that Act (British citizenship immaterial), in paragraphs (a) and (d) of subsection (2), for “offence under this Act” there is substituted “offence under section 1, 2 or 3 above”.
Section 11 of that Act (proceedings for offences under section 1) is repealed.
Section 12 of that Act (conviction of an offence under section 1 in proceedings for an offence under section 2 or 3) is repealed.
Section 13 of that Act (proceedings in Scotland) is amended as follows. In subsection (1), for paragraph (b) there is substituted— In subsection (2)— Subsections (3) to (7) are omitted. In subsection (8), the words from “commenced” to the end are omitted.
Section 14 of that Act (search warrants for offences under section 1) is repealed.
Section 16 of that Act (application to Northern Ireland) is amended as follows. After subsection (1) there is inserted— After subsection (2) there is inserted— Subsection (3) is omitted. Before subsection (4) there is inserted— After the subsection inserted by sub-paragraph (5) there is inserted— Subsections (10), (11) and (12) are omitted.
After that section there is inserted—
Section 17 of that Act (interpretation) is amended as follows. In subsection (2), after “such access” there is inserted “or to enable such access to be secured”. Subsection (7) is omitted. For subsection (8) there is substituted—
The Secretary of State may by regulations make provision as to the government, administration and conditions of service of employed or seconded constables. Regulations under sub-paragraph (1) may (in particular) make provision with respect to any of the following— Regulations under sub-paragraph (1) as to the conduct of employed or seconded constables, or as to the maintenance of discipline amongst them, may— Regulations under sub-paragraph (1) for regulating pay and allowances may be made with retrospective effect to any date specified in the regulations, but nothing in this sub-paragraph shall be read as authorising pay or allowances payable to any person to be reduced retrospectively. In this paragraph—
The Agency may delegate any of its functions (to such extent as the Agency may determine) to a committee of the Agency or to a member of the Agency’s staff. A committee of the Agency may delegate any functions conferred on it (to such extent as the committee may determine) to a sub-committee of the Agency or to a member of the Agency’s staff. A sub-committee of the Agency may delegate any functions conferred on it (to such extent as the sub-committee may determine) to a member of the Agency’s staff. A committee or sub-committee of the Agency may include persons who are not members of the Agency. The Agency may pay remuneration and allowances to any person who— Delegation of a function under this paragraph does not prevent the Agency or, as the case may be, the committee or sub-committee from exercising the function.
Subject to paragraphs 9 and 10, an appointed member of the Agency shall hold and vacate office in accordance with the terms of his appointment.
In section 25 of the Criminal Justice Act 2003 (code of practice in relation to conditional cautions), at the end of subsection (2) there is inserted—
In section 8(4) of the Constitutional Reform Act 2005 (appointment of Head and Deputy Head of Criminal Justice), in paragraph (b) (person appointed must be ordinary judge of Court of Appeal), for “an ordinary judge” there is substituted “a judge”.
The crime and disorder committee of a local authority— A sub-committee of the crime and disorder committee may not discharge any functions other than those conferred on it under sub-paragraph (1)(b).
The crime and disorder committee of a local authority, or a sub-committee of such a committee, is to be treated as a committee or sub-committee of a principal council for the purposes of Part 5A of the Local Government Act 1972 (c. 70) (access to meetings and documents of certain authorities, committees and sub-committees).
An appointed member may resign by giving written notice to the Secretary of State.
The crime and disorder committee of a local authority, or a sub-committee of such a committee, is to be treated as a body to which section 15 of the Local Government and Housing Act 1989 (c. 42) (duty to allocate seats to political groups) applies.
The Secretary of State may remove a person from office as an appointed member if the Secretary of State is satisfied that—
the person has been absent from meetings of the Agency, without its permission, for a period longer than four months,
the person has been convicted of an offence in the British Islands or elsewhere,
a bankruptcy order has been made against the person, or the person’s estate has been sequestrated, or the person has made a composition or arrangement with, or granted a trust deed for, his creditors,
the person has failed to comply with the terms of his appointment, or
the person is unable or unfit to carry out his functions.
Subsections (2) and (5) of section 102 of the Local Government Act 1972 (appointment of committees) apply to the crime and disorder committee of a local authority, or a sub-committee of such a committee, as they apply to a committee appointed under that section.
Previous service as an appointed member of the Agency does not affect a person’s eligibility for re-appointment.
The Agency shall pay to members of its staff such remuneration and allowances as it may determine. Sub-paragraph (1) does not apply in relation to the chief executive of the Agency. In relation to a person seconded to the Agency to serve as a member of its staff, sub-paragraph (1) has effect subject to the arrangements under which the person is seconded. Arrangements under which a person is seconded to the Agency to serve as a member of its staff may (in particular) contain provision for the making of payments by the Agency in respect of remuneration and allowances paid to the person by another.
In relation to the terms and conditions of the contracts of employment of employed constables, the Agency shall comply with rules or principles contained in any document issued to it for the purpose by the Secretary of State. Rules or principles under sub-paragraph (1) may (in particular)— In this paragraph “employed constable” means a member of the Agency’s staff who is—
The Agency may, in such cases and to such extent as appear to it to be appropriate—
pay damages or costs awarded against a member of the Agency’s staff in proceedings for any unlawful conduct of that person,
pay any costs incurred and not recovered by such a person in such proceedings, and
pay any sum required in connection with the settlement of a claim that has, or might have, given rise to such proceedings.
In section 2 (Part 1 warrant and certificate), in subsection (5)(a), for “is alleged to be unlawfully at large after conviction” there is substituted “has been convicted”. In section 70 (request and certificate for extradition to category 2 territory)— In section 142 (issue of Part 3 warrant), in subsection (5)(a), for “is alleged to be unlawfully at large after conviction” there is substituted “has been convicted”.
In section 14 (passage of time), for the words from “since” to the end there is substitutedsince he is alleged to have—. After section 68 there is inserted— In section 82 (passage of time), for the words from “since” to the end there is substitutedsince he is alleged to have—. After section 140 there is inserted— In section 143 (undertaking in relation to person serving sentence), in subsection (4), for “alleged to be unlawfully at large after conviction” there is substituted “who has been convicted”. In section 148 (extradition offences), in subsection (3)(a), for “is alleged to be unlawfully at large after conviction” there is substituted “has been convicted”. In section 179 (competing claims to extradition), after subsection (4) there is inserted— In section 188 (re-extradition to category 1 territories), in subsection (1)(b)(i), for “was alleged to be unlawfully at large after conviction” there is substituted “had been convicted”. In section 189 (re-extradition to category 2 territories), in subsection (1)(b), for “was alleged to be unlawfully at large after conviction” there is substituted “had been convicted”.
This paragraph applies where a person who is a constable is appointed as a member of the Agency’s staff. The person continues to be a constable for the period during which he is a member of that staff. If the person is appointed as chief executive, he holds the rank of chief constable for the period during which he is chief executive. The person shall, as holder of the office of constable, be under the direction and control of the chief executive of the Agency. Sub-paragraph (4) does not apply to the chief executive of the Agency.
The Agency is liable for unlawful conduct of seconded constables in the carrying out, or purported carrying out, of their functions as members of the Agency’s staff in the same manner as an employer is liable for unlawful conduct of his employees in the course of their employment. In the case of any such conduct by a seconded constable which is a tort, the Agency is accordingly to be treated as a joint tortfeasor. In this paragraph “seconded constable” means a constable serving as a member of the Agency’s staff without being an employee of the Agency.
The Agency may— But the Agency must make provision for a quorum for meetings of each of its committees and sub-committees to include at least one person who is a member of the Agency or a member of its staff.
National Policing Improvement Agency.
In section 91 of the Police Act 1996 (offence of causing disaffection amongst members of police forces etc), after subsection (2) there is inserted—
Proceedings of the Agency are not invalidated—
by any vacancy among the Agency’s members;
by any defect in the appointment of a member of the Agency.
serious violence (within the meaning of Chapter 1 of Part 1 of the Crime and Disorder Act 1998).
The application of the Agency’s seal must be authenticated by the signature of—
a member of the Agency, or
any other person who has been authorised by the Agency (whether generally or specially) for that purpose.
The Secretary of State must arrange for a report under paragraph 30(1) to be published in such manner as he considers appropriate. The Secretary of State may exclude any part of a report from publication under sub-paragraph (1) if he considers that publication of that part— The Secretary of State must send a copy of the published report to the Agency. The Agency must— The Agency must send a copy of any document published under sub-paragraph (4) to the Secretary of State. For the purposes of sub-paragraph (2)(b) “the detection of crime” shall be taken to include establishing by whom, for what purpose, by what means and generally in what circumstances any crime was committed. For the purposes of sub-paragraphs (2)(b) and (6) “crime” means conduct—
Section 27 of the Police (Northern Ireland) Act 1998 (members of the Police Service of Northern Ireland engaged on other police service) is amended as follows. In subsection (1) (meaning of “relevant service”), after paragraph (cb) there is inserted—. In subsection (5)(b), after “(cb),” there is inserted “(cc),”. In subsection (7)—
The Vehicles (Crime) Act 2001 is amended as follows.
In section 20(7)(a) of the Commissioners for Revenue and Customs Act 2005 (public interest disclosure), for “Police Information Technology Organisation” there is substituted “National Policing Improvement Agency”.
In section 243 of the Criminal Justice Act 2003 (c. 44) (persons extradited to the United Kingdom), in subsection (1), after “imposed” there is inserted “or he received that sentence”.
Section 6A of the Housing Act 1988 (demotion because of anti-social behaviour) is amended as follows. In subsection (4)(a), for the words from “engage in” to the end there is substitutedengage in—. After subsection (10) there is inserted—
For section 40 (power to give directions to police authority) there is substituted—
This paragraph applies to the first regulations under this Schedule. The power to make the regulations is exercisable by the Secretary of State with the consent of the Treasury. Before exercising the power the Secretary of State shall consult with the Police Negotiating Board for the United Kingdom. The regulations may be framed so as to have effect as from a date before the making of the regulations.
A reference, however expressed, in any document (including an enactment) to— is to be read, where the context allows, as including a reference to regulations under this Schedule.
regulations under section 1 of the 1976 Act,
regulations under section 25(2)(k) of the 1998 Act, or
regulations under section 26(2)(g) of the 1998 Act,
A document purporting to be duly executed under the seal of the Agency or to be signed on the Agency’s behalf—
shall be received in evidence, and
unless the contrary is proved, shall be treated as so executed or signed.
In section 18(7) (access to information contained in register of registration plate suppliers), for “Police Information Technology Organisation” there is substituted “National Policing Improvement Agency”.
In section 101 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (detention and training orders: term of order, taking account of remands, etc), after subsection (12) there is inserted—
In section 41 (directions as to minimum budget), in subsection (1), after “section 40” there is inserted “or 40A”.
Section 36 (access to certain motor insurance information) is amended as follows. In subsection (1), for “Police Information Technology Organisation” there is substituted “National Policing Improvement Agency”. In subsection (2)(a), for “Organisation” there is substituted “Agency”.
Section 47 of the Criminal Justice Act 1991 (c. 53) (persons extradited to the United Kingdom) is amended as follows. In subsection (1), after “imposed” there is inserted “or he received that sentence”. After subsection (3) there is inserted—
“police pensions regulations” means—
The Secretary of State may require the Agency to submit a report to him on specified matters— A report under sub-paragraph (1) must be in such form as the Secretary of State may specify. The Secretary of State may arrange, or require the Agency to arrange, for a report under this paragraph to be published in such manner as he considers appropriate. The Secretary of State may exclude any part of a report from publication under sub-paragraph (3) if he considers that publication of that part— For the purposes of sub-paragraph (4)(b) “the detection of crime” shall be taken to include establishing by whom, for what purpose, by what means and generally in what circumstances any crime was committed. For the purposes of sub-paragraphs (4)(b) and (5) “crime” means conduct—
Sub-paragraph (2) applies where a report made to the Secretary of State under paragraph 30(1) states— The Secretary of State may direct the Agency to take such measures as may be specified in the direction.
In this Part of this Schedule “scheme” means a scheme made by the Secretary of State.
A scheme may make provision— If the seconded person informs the Agency, or the body to which he is seconded or the body by which he is seconded, that he objects to the existing secondment becoming a secondment to the Agency— In this paragraph “existing secondment” means a secondment by virtue of which—
The Police (Scotland) Act 1967 is amended as follows.
The National Policing Improvement Agency.
The Police Act 1996 is amended as follows.
Section 71 of the Criminal Justice and Court Services Act 2000 (access to driver licensing records) is amended as follows. In subsection (1), for “Police Information Technology Organisation” there is substituted “National Policing Improvement Agency”. In subsection (2), for “Organisation” there is substituted “National Policing Improvement Agency”.
In section 38(3A) (status of certain constables on secondment), after “(bb)” there is inserted “or (bh)”.
Section 39A (power of Secretary of State to issue codes of practice for chief officers) is amended as follows. In subsection (3) (preparation of drafts and revisions)— In subsection (4) (consultation), for “Central Police Training and Development Authority” there is substituted “National Policing Improvement Agency”.
Section 38A (constables engaged on service outside their force) is amended as follows. In subsection (1) (meaning of “relevant service”), after paragraph (bg) there is inserted—. In subsection (6)(a) (which provides for relevant service to be treated for certain purposes as service in constable’s home force), after “(bg)” there is inserted “, (bh),”.
Section 53A (regulation of procedures and practices of police forces) is amended as follows. In subsection (2) (advice), for paragraph (b) there is substituted— In subsection (5) (consultation), for “Central Police Training and Development Authority” there is substituted “National Policing Improvement Agency”. In subsection (6)(a) (consideration of advice etc), for “Central Police Training and Development Authority” there is substituted “National Policing Improvement Agency”.
In section 57(5) (consultation about regulations requiring police forces to use specified facilities or services), for “Police Information Technology Organisation” there is substituted “National Policing Improvement Agency”.
In section 59 (Police Federations), after subsection (7) there is inserted—
In section 61(1) (Police Negotiating Board), before paragraph (c) there is inserted—.
Section 62 (functions of the Police Negotiating Board) is amended as follows. In subsection (1) (duty to consult Board before making regulations about certain matters), after paragraph (c) there is insertedor. Before subsection (2) there is inserted— In subsection (2) (arrangements under section 61(3) apply in relation to recommendations under section 62), for “subsection (1) or (1A)” there is substituted “subsection (1), (1A), (1D) or (1E)”.
Section 63 (Police Advisory Boards) is amended as follows. Before subsection (2) there is inserted— In subsection (3) (Board to be consulted on certain regulations), after paragraph (b) there is insertedor.
In section 64 (membership of trade unions), before subsection (5) there is inserted—
In section 90(4) (impersonation etc: interpretation), for the words after paragraph (a) and before paragraph (b) (paragraph (aa) having been superseded by section 68(2) of the Railways and Transport Safety Act 2003) there is substituted—.
In section 91(2) (offence under subsection (1) of causing disaffection etc amongst members of police forces applies also in relation to certain other police personnel), after paragraph (a) there is inserted—.
Section 97 (police officers engaged on service outside their force) is amended as follows. In subsection (1) (meaning of “relevant service”), after paragraph (cf) there is inserted—. In subsections (6)(a) and (8), after “(cf)” there is inserted “, (cg)”.
Section 97 of the Criminal Justice and Police Act 2001 (regulations for police forces as to training and qualifications for deployment) is amended as follows. In subsection (4) (persons who must be consulted before regulations about training etc may be made), for paragraph (a) there is substituted—. For subsection (6) (interpretation of section) there is substituted—
In section 19 of the Railways and Transport Safety Act 2003 (exercise of functions by British Transport Police Authority)—
at the end of paragraph (d) there is inserted “and”;
paragraph (f) is omitted.
In determining the objectives, the Police Authority must have regard to any strategic priorities determined for that year by the Secretary of State under section 37A of the Police Act 1996 (strategic priorities for police authorities).
After section 75 of the Serious Organised Crime and Police Act 2005 (proceedings under section 74: exclusion of public) there is inserted—
After section 6ZA (inserted by paragraph 8) there is inserted—
In section 28(1) of that Act (police powers for British Transport Police Authority employees), after paragraph (a) there is inserted—.
The following sections are repealed— section 6A (three-year strategy plans); section 7 (local policing objectives); section 8 (local policing plans); section 9 (annual reports by police authorities).
In section 50 of that Act (policing objectives set by British Transport Police Authority), for paragraphs (c) and (d) of subsection (3) there is substitutedand
In section 9A (general functions of Commissioner of Police of the Metropolis), in subsection (2), for the words after “shall have regard” there is substitutedto—
In section 52 of that Act (railways policing plan), for subsection (7) there is substituted—
In section 10 (general functions of chief constables), in subsection (2), for the words after “shall have regard” there is substitutedto—
Section 55 of that Act (three-year strategy plan) is amended as follows. In subsection (1), after “a plan” there is inserted “(“a three-year strategy plan”)”. For subsections (2) and (3) there is substituted—
Section 96B (national and international functions: application of requirements relating to reports etc) is amended as follows. In subsection (2), for “section 7(1) shall have effect as if the reference” there is substituted “section 6ZB(1) shall have effect as if a reference”. Subsection (3) is repealed. In subsection (4), for “section 9(1)” there is substituted “section 6ZC(1)”.
In Schedule 4 to that Act (British Transport Police Authority), in paragraph 11(b) (appointment of clerk), for “a clerk” there is substituted “a chief executive”. A person holding office as clerk to the British Transport Police Authority on the commencement of this paragraph continues in that office as chief executive of the authority.
crime and disorder (including in particular forms of crime and disorder that involve anti-social behaviour or other behaviour adversely affecting the local environment), ...
The Police Reform Act 2002 is amended as follows.
Section 153 of the Serious Organised Crime and Police Act 2005 (disclosure of information about insurance status of vehicles) is amended as follows. In subsections (1) and (3)(a) and (b), for “PITO” there is substituted “NPIA”. “NPIA” means the National Policing Improvement Agency.
Section 37 (undertaking in relation to person serving sentence in United Kingdom) is amended as follows. In subsection (1), at the end of paragraph (b) there is inserted, either—. In subsection (4), after “in relation to a person” there is inserted “within subsection (1)(b)(i) who is”. After that subsection there is inserted—
Section 93 (Secretary of State’s consideration of case) is amended as follows. In subsection (6) (length of permitted period for representations), for “6 weeks” there is substituted “4 weeks”. After that subsection there is inserted—
In section 142 (issue of Part 3 warrant), in subsection (1)(b), after “subsection (2)” there is inserted “, or the condition in subsection (2A),”. For subsection (2) of that section there is substituted—
After section 155 there is inserted—
In sections 23 and 89 (person serving sentence in United Kingdom), after subsection (2) there is inserted—
Section 15 (civilian employees) is amended as follows. For subsection (2) (civilians employed by police authority to be under direction and control of chief officer of police) there is substituted— Subsection (3) (power to agree or determine exceptions to section 15(2)) is omitted.
In section 22 of the Police Reform Act 2002 (power of Independent Police Complaints Commission to issue guidance), for paragraphs (a) and (b) of subsection (3) there is substituted—.
In section 8A of the Police Act 1996 (local policing summaries), for paragraphs (a) and (b) of subsection (6) there is substituted—.
In section 9(3) (persons ineligible for membership of the Independent Police Complaints Commission), after paragraph (da) there is inserted—.
Section 52 (undertaking in relation to person serving sentence in consent cases) is amended as follows. In subsection (1), at the end of paragraph (b) there is inserted, either—. In subsection (3), after “in relation to a person” there is inserted “within subsection (1)(b)(i) who is”. After that subsection there is inserted—
In section 24 (aid of one police force by another), after subsection (3) there is inserted—
In section 24 of that Act (consultation on regulations), for paragraphs (b) and (c) there is substituted—.
In section 39A of that Act (codes of practice for chief officers), for paragraphs (a) and (b) of subsection (4) there is substituted—.
Section 10 (general functions of the Independent Police Complaints Commission) is amended as follows. In subsection (1) (general functions), after paragraph (g) there is inserted; and In subsection (3) (functions conferred by other provisions), after paragraph (ba) there is inserted—. In subsection (7)(c) (Commission may impose charges for making recommendations, and giving advice, for purposes of subsection (1)(g)), after “subsection (1)(g)” there is inserted “or (h)”.
In section 59 (return of person to serve remainder of sentence), after paragraph (b) of subsection (1) there is inserted—
In section 39 of that Act (police powers for contracted-out staff), for paragraphs (a) and (b) of subsection (11) there is substituted—.
In section 42A of that Act (procedure in relation to removal of senior officers), for paragraphs (a) and (b) of subsection (2) there is substituted—.
Section 11 (reports) is amended as follows. In subsection (6) (persons to whom Independent Police Complaints Commission must send copies of its annual reports), after paragraph (d) there is inserted; and After subsection (9) there is inserted— In subsection (10) (persons to whom reports under subsection (4) must be sent), after paragraph (g) there is inserted; and
Section 119 (undertaking in relation to person serving sentence in United Kingdom) is amended as follows. In subsection (1), at the end of paragraph (b) there is inserted, either—. In subsection (3), after “in relation to a person” there is inserted “within subsection (1)(b)(i) who is”. After that subsection there is inserted—
In section 43 of that Act (railway safety accreditation scheme), in subsection (9)—
for paragraph (a) there is substituted—;
for paragraph (c) there is substituted—.
In section 53 of that Act (regulations as to standard of equipment), for paragraphs (a) and (b) of subsection (2) there is substituted—.
Section 15 (general duties of police authorities etc in relation to Part 2 of the Act) is amended as follows. After subsection (1A) there is inserted— For the second sentence of subsection (8) (meaning of “third force” in subsection (8)) there is substituted— the Agency may be required to give assistance and co-operation under subsection (5) only with the approval of the relevant directing officer. After subsection (9) there is inserted—
In section 132 (return of person to serve remainder of sentence), after paragraph (b) of subsection (1) there is inserted—
In section 45 of that Act (code of practice relating to chief officers' powers under Chapter 1 of Part 4), in subsection (3)—
for paragraph (c) there is substituted—;
for paragraph (f) there is substituted—.
Section 53A of that Act (regulation of procedures and practices) is amended as follows. For paragraphs (a) and (b) of subsection (3) there is substituted— For paragraphs (a) and (b) of subsection (5) there is substituted—.
After section 16 there is inserted—
In section 51 of that Act (independent custody visitors for places of detention), for paragraphs (a) and (b) of subsection (7) there is substituted—.
In section 57 of that Act (common services), for paragraphs (a) and (b) of subsection (4) there is substituted—.
In section 17 (provision of information to the Independent Police Complaints Commission), after subsection (5) there is inserted—
In section 96 of that Act (president of ACPO), the words “of England, Wales and Northern Ireland” are omitted.
“the Association of Chief Police Officers” means the Association of Chief Police Officers of England, Wales and Northern Ireland;
After section 26A there is inserted—
the Association of Chief Police Officers” means the Association of Chief Police Officers of England, Wales and Northern Ireland;
In section 29(3)(c) (meaning of references to a member of the public), for “Central Police Training and Development Authority” there is substituted “National Policing Improvement Agency”.
Schedule 3 (handling of complaints and conduct matters etc) is amended as follows. In paragraph 16(3) (investigations by the appropriate authority on its own behalf: appointment of person to conduct investigation), after paragraph (b) there is insertedor. In paragraph 17(2) (investigations supervised by the Independent Police Complaints Commission: appointment of person to conduct investigation), after paragraph (b) there is insertedor. In paragraph 17(4) (power of Commission to require different person to be selected to conduct investigation), for “or (b)” there is substituted “, (b) or (c)”.
Section 2
The office of inspector or assistant inspector of constabulary, where held by a person to whom paragraphs (a) and (b) of section 11(7) of the Police Pensions Act 1976 apply (inspectors etc not eligible for police pensions). The amendment made by sub-paragraph (1) shall be deemed always to have had effect.
In Article 12 of the Criminal Damage (Northern Ireland) Order 1977 (meaning of property, etc), after paragraph (4) there is inserted—
In section 37 of the Police and Criminal Evidence Act 1984 (duties of custody officer before charge), in subsection (7B)—
for “released under subsection (7)(a)” there is substituted “dealt with under subsection (7)(a)”;
after “he is being released” there is inserted “, or (as the case may be) detained,”.
Section 11A (appointment and removal of deputy chief constables) is amended as follows. In subsection (1) (police forces to have a deputy chief constable), for “a deputy chief constable” there is substituted “one or more deputy chief constables”. For subsection (2) there is substituted—
Sections 41A and 41B (power to give directions as to action plans, and procedure for doing so) are repealed.
Regulations may— In sub-paragraph (1)(b) “equivalent provision” means, subject to sub-paragraph (3), provision having the same effect as the provisions revoked. The regulations may make changes to the effect of the provisions revoked if the changes—
The provisions of— apply to regulations under this Schedule, so far as relating to persons who are former members of a 1976 Act Scheme, as they apply to regulations under section 1 of the 1976 Act. The Pensions (Increase) Act 1971 (c. 56) has effect as if a reference in paragraph 15 or 43 of Schedule 2 to a pension payable under the Police Pensions Act 1976 included a reference to a pension payable under regulations under this Schedule to a person who is a former member of a 1976 Act Scheme.
Section 37D (release under section 37(7)(a): further provision) is amended as follows. For subsection (5) (person not fit to be dealt with as mentioned in subsection (4) to be detained until fit) there is substituted— In subsection (6) (application of section 37 where person detained under section 37D)—
After section 30C there is inserted—
In section 46A(1A) (person released on bail under section 37(7)(a) or 37C(2)(b) may be arrested without warrant if suspected of breaking conditions of bail), for “37(7)(a) or 37C(2)(b)” there is substituted “37, 37C(2)(b) or 37CA(2)(b)”.
Section 37B of that Act (consultation with the Director of Public Prosecutions) is amended as follows. In subsection (1), for “released on bail under section 37(7)(a)” there is substituted “dealt with under section 37(7)(a)”. In subsection (4), for “shall give written notice” there is substituted “shall give notice”. After that subsection there is inserted— In subsection (8), for paragraph (a) there is substituted—.
Section 12A (power of deputy to exercise functions of chief constable) is amended as follows. In subsection (1), for “A deputy chief constable” there is substituted “The appropriate deputy chief constable”. After that subsection there is inserted— For subsection (2) there is substituted— In subsection (5), for “subsections (1) and (2)” there is substituted “subsections (1) to (2)”.
In section 64A of that Act (photographing of suspects etc), in subsection (1B), after paragraph (f) there is inserted; or
In the heading to section 25 of the Anti-social Behaviour Act 2003 (parenting contracts in respect of criminal conduct and anti-social behaviour), at the end there is inserted “: youth offending teams”.
After section 67 of the Public Audit (Wales) Act 2004 there is inserted—
Section 30 (jurisdiction of constables) is amended as follows. For subsection (2) (jurisdiction of special constables) there is substituted— Subsections (3) and (4) are omitted.
Section 26 of that Act (parenting orders in respect of criminal conduct and anti-social behaviour) is amended as follows. In the heading, at the end there is inserted “: youth offending teams”. After subsection (8) there is inserted—
In section 24(3) (constable assisting another police force to be under direction and control of chief officer of that force), for “section 10(1)” there is substituted “sections 9A(1) and 10(1)”.
Section 27 of that Act (parenting orders: supplemental) is amended as follows. In subsections (1) and (2), for “section 26” there is substituted “section 26, 26A or 26B”. In subsection (1)(a), for “section 25” there is substituted “section 25, 25A or 25B”. as they apply After subsection (3) there is inserted— For subsection (4) there is substituted—
In section 27(2) (special constables to be under direction and control of chief officer), after “Subject to” there is inserted “section 24(3) and”.
Section 28 of that Act (parenting orders: appeals) is amended as follows. In subsection (1), for “under section 26” there is substituted “by a magistrates' court under section 26, 26A or 26B”. After that subsection there is inserted— In subsection (2), for “subsection (1)(b)” there is substituted “subsection (1)”.
In section 29(1) of that Act (interpretation of sections 25 to 29), in the definition of “responsible officer”, for the words after “means” there is substituted “the person who is specified as such in the order,”.
Section 5
“committee system” has the same meaning as in Part 1A of the Local Government Act 2000 (see section 9B(4) of that Act);
In section 10 of the Criminal Damage Act 1971 (interpretation), after subsection (4) there is inserted—
In section 94 of the Police Act 1997 (authorisations given in absence of authorising officer), for paragraph (a) of subsection (4) (meaning of “designated deputy”) there is substituted—.
The Youth Justice and Criminal Evidence Act 1999 is amended as follows. In the cross-heading before section 47 (restrictions on reporting directions under Chapter 1 or 2 of Part 2) and in the heading to that section, for “Chapter I or II” there is substituted “Chapter 1, 1A or 2”. In section 47, in subsection (2)(a), after “section 19”, in the first place it occurs, there is inserted “, 33A”.
In section 9 of the Police Reform Act 2002 (the Independent Police Complaints Commission), in subsection (3)(d), after “section 41” there is inserted “or 41A”.
In subsection (1) of— after “Part IV of the Police and Criminal Evidence Act 1984” there is inserted “or Part 3 of the Criminal Justice Act 2003”.
section 3A of the Bail Act 1976 (conditions of bail in case of police bail), and
section 5A of that Act (supplementary provisions in cases of police bail),
Part 3 of the Aviation Security Act 1982 (policing of airports) is amended as follows. In the heading to that Part, for “AIRPORTS” there is substituted “AERODROMES”. Between section 24B (inserted by section 12 above) and section 25 of that Act there is inserted—. Subsections (1), (4) and (5) of section 27 of that Act (prevention of theft at designated airports) are omitted.
In this Schedule—
The power to make amending regulations is exercisable as if— applied also to the amending regulations. In this paragraph “amending regulations” means regulations amending regulations previously made under this Schedule.
A pension scheme established under this Schedule is to be regarded for the purposes of Part 4 of the Finance Act 2004 (c. 12) (taxation of pension schemes etc) as a continuation of each police pension scheme that it replaces, and not as a different scheme.
In section 30A (bail elsewhere than at police station), for subsection (4) (no condition of bail may be imposed other than requirement to attend police station) there is substituted—
Section 30D (failure to answer to bail under section 30A) is amended as follows. After subsection (2) there is inserted— In subsection (4)(a) (arrest under section 30D treated for purposes of section 30 as arrest for offence, subject to obligation in subsection (2)), for “obligation in subsection (2)” there is substituted “obligations in subsections (2) and (2B)”.
This Schedule applies in relation to a local authority that is not operating executive arrangements under Part 2 of the Local Government Act 2000 (c. 22). In this Schedule “local authority” and “crime and disorder committee” have the same meaning as in section 19.
A local authority shall make arrangements—
for enabling a member of the crime and disorder committee of the authority to ensure that a matter that is relevant to the functions of the committee is included in the agenda for, and is discussed at, a meeting of the committee, and
for enabling a member of a sub-committee of such a committee to ensure that a matter that is relevant to the functions of the sub-committee is included in the agenda for, and is discussed at, a meeting of the sub-committee.
In section 40 of that Act (community safety accreditation schemes), subsection (7) is omitted.
The crime and disorder committee of a local authority, or a sub-committee of such a committee, may include persons who are not members of the authority, but (subject to section 20(6)) such persons are not entitled to vote, at a meeting of such a committee or sub-committee, on any question that falls to be decided at that meeting.
In section 41 of that Act (accreditation under community safety accreditation schemes), after subsection (4) there is inserted—
Section 42 of that Act (supplementary provisions relating to designations and accreditations) is amended as follows. In subsection (1), after “section 41” there is inserted “or 41A”. In subsection (3)— After subsection (6) there is inserted— After subsection (10) there is inserted—
Section 46 of that Act (offences against designated and accredited persons etc) is amended as follows. In subsections (1) and (2)— In subsection (3)— In subsection (4), for “or accredited person” there is substituted “, accredited person or accredited inspector”.
“accredited inspector” means a weights and measures inspector in relation to whom an accreditation under section 41A is for the time being in force; “weights and measures inspector” means an inspector of weights and measures appointed under section 72(1) of the Weights and Measures Act 1985.
In section 105 of that Act (powers of Secretary of State to make orders and regulations), in subsection (3)(b), before “or 99(6)” there is inserted “or 41B”.
Section 6
Section 9
The Police Reform Act 2002 (c. 30) is amended as follows.
Section 38 (police powers for police authority employees) is amended as follows. In subsection (4)(c) (person not to be designated unless adequately trained), after “conferred” there is inserted “or imposed”. Before subsection (6) there is inserted— After subsection (6) there is inserted—
Section 42 (supplementary provisions relating to designations etc) is amended as follows. Before subsection (1) there is inserted— After subsection (1) there is inserted—
In section 105 (orders and regulations), in subsection (3)(b), after “section 19(3)” there is inserted “, 38A(4)”.
Schedule 4 (powers exercisable by police civilians) is amended as follows. In paragraph 1(3) (community support officers: power to issue fixed penalty notices: definition of “relevant fixed penalty offence”)— In paragraph 1A(2) (community support officers: power to require name and address: confining the power), for “Such a designation may specify that, in relation to that person, the application of sub-paragraph (3)” there is substituted “A designation by which this paragraph is applied to a person may specify that the application of sub-paragraph (3) by that designation to that person”. In paragraph 2(3A)(b) (community support officers: powers under byelaws to remove persons from places), for “under paragraph 1A” there is substituted “applying paragraph 1A to the CSO,”. In paragraph 2(4) (person required to wait with community support officer may be given choice to go to police station), for “this Part of this Schedule applies” there is substituted “this paragraph is applied”. In paragraph 2(6) (meaning of “relevant offence”), in the words after paragraph (b), after “may provide that” there is inserted “, for the purposes of this paragraph as applied to that person by that designation,”. In paragraph 2(8) (application of paragraph 2 by other provisions effective only where paragraph 2 is itself applied to community support officer)— In paragraph 4 (power to use reasonable force to detain or control person required to wait with community support officer)— In paragraph 7B(2)(a) (community support officer’s power to seize controlled drugs found in person’s possession), for the words from “(whether” to the end there is substituted “(whether or not the CSO finds it in the course of searching the person by virtue of any paragraph of this Part of this Schedule being applied to the CSO by a designation); and”. In paragraphs 34(2) and 35(4) (escort officer’s powers to carry out non-intimate searches of persons), for “designation under” there is substituted “application of”. In paragraph 35A (staff custody officer to have powers of a custody officer), in each of sub-paragraphs (3) and (4), for “under” there is substituted “applying”. In paragraph 36(1)(a) (meaning of “the relevant police area”), for “designation” there is substituted “person designated”. In Part 1 of this Schedule “a designation” means— In Parts 2 and 4A of this Schedule “a designation” means a designation under section 38. In Parts 3 and 4 of this Schedule “a designation” means a designation under section 38 or 39.
Paragraph 1 of Schedule 5 (power of accredited persons to issue fixed penalty notices) is amended as follows. In sub-paragraph (2) (powers conferred on a person when paragraph 1 is applied to him), in the words before paragraph (a) (which refer to a relevant offence), after “relevant” there is inserted “fixed penalty”. In sub-paragraph (3)(a) (meaning of “relevant fixed penalty offence” in paragraph 1), for “(c)” there is substituted “(d)”.
Section 10
The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.
Section 15
Section 19
Section 22
The Crime and Disorder Act 1998 (c. 37) is amended as follows.
Section 5 (authorities responsible for strategies) is amended as follows. In subsection (1), after “functions conferred by” there is inserted “or under”. In subsection (1A)(a), for “by sections 6 to 7” there is substituted “by or under section 6 or by section 7”. In subsection (1B)(b), after “drugs” there is inserted “, alcohol and other substances”. After subsection (5) there is inserted—
For sections 6 and 6A there is substituted—
Section 17 (duty to consider crime and disorder implications) is amended as follows. In subsection (1), for “crime and disorder in its area” there is substituted— For subsection (2) there is substituted— After subsection (3) there is inserted—
After section 17 there is inserted—
Section 114 (orders and regulations) is amended as follows. In subsection (2)— In subsection (3)— After that subsection there is inserted—
Section 115 (disclosure of information) is amended as follows. In subsection (2), for “subsection (1) above” there is substituted “this section”, and at the end there is inserted— After that subsection there is inserted—
Section 27
The provisions of this Schedule apply where the court has power to remand a person under section 27(6) (injunctions in local authority proceedings: power of arrest and remand). In this Schedule “the court” has the same meaning as in section 27.
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 him.
Where a person is remanded on bail, the court may direct that his recognizance be conditioned for his appearance— Where a recognizance is conditioned for a person’s appearance as mentioned in sub-paragraph (1)(b), the fixing of any time for him next to appear shall be deemed to be a remand. Nothing in this paragraph affects the power of the court at any subsequent hearing to remand him afresh.
The court shall not remand a person for a period exceeding eight clear days except that— Where the court has the power to remand a person in custody it may, if the remand is for a period not exceeding three clear days, commit him to the custody of a constable.
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 for which he was remanded, the court may, in his absence, remand him for a further time. The power mentioned in sub-paragraph (1) may, in the case of a person who was remanded on bail, be exercised by enlarging his recognizance and those of any sureties for him 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 him under sub-paragraph (1), the court may in his absence enlarge his recognizance and those of any sureties for him to a later time. The enlargement of his recognizance shall be deemed to be a further remand. Paragraph 4(1) (limit of remand) does not apply to the exercise of the powers conferred by this paragraph.
Where under paragraph 2(2)(b) the court fixes the amount in which the principal and his 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 court may when remanding a person on bail under this Schedule require him to comply, before release on bail or later, with such requirements as appear to the court to be necessary to secure that he does not interfere with witnesses or otherwise obstruct the course of justice.
Section 39
Section 40
Section 42
Section 52
Section 82A of the Housing Act 1985 (demotion because of anti-social behaviour) is amended as follows. In subsection (4)(a), for the words from “engage in” to the end there is substitutedengage in—. After subsection (7) there is inserted—
In section 5 of the Local Government and Housing Act 1989 (designation and reports of monitoring officer), in subsection (1), for “the clerk to the authority” there is substituted “the chief executive of the authority”.
In section 50 of the Employment Rights Act 1996 (right to time off for public duties), for paragraph (c) of subsection (2) there is substituted—.
Section 37 of the Audit Commission Act 1998 is amended as follows. In the heading, for “CHAI and CSCI” there is substituted “other bodies and persons”. After subsection (1) there is inserted— For subsection (2) there is substituted—
Section 21 of the Local Government Act 2000 (overview and scrutiny committees) is amended as follows. At the end of subsection (4) there is inserted “or section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters)”. In subsection (10), after “Schedule 1” there is inserted “and to section 20(6) of the Police and Justice Act 2006”.
Section 121A of that Act (order suspending right to buy because of anti-social behaviour) is amended as follows. In subsections (3)(a) and (7)(a), for the words from “engage in” to the end there is substitutedengage in—. After subsection (9) there is inserted—
Section 52
Short title and chapter Extent of repeal Parliamentary Commissioner Act 1967 (c. 13) In Schedule 2, the entry relating to the Central Police Training and Development Authority and the entry relating to the Police Information Technology Organisation. Police (Scotland) Act 1967 (c. 77) Section 28(2) and (3). Section 36(7) and (8). In section 38(3A), “(bb) or”. In section 38A, subsection (1)(bb) and, in subsection (6)(a), “(bb),”. Superannuation Act 1972 (c. 11) In Schedule 1, the entry relating to the Central Police Training and Development Authority and the entry relating to the Police Information Technology Organisation. Health and Safety at Work etc. Act 1974 (c. 37) Section 51A(2E)(c) and (d). House of Commons Disqualification Act 1975 (c. 24) In Schedule 1— in Part 2, the entry relating to the Central Police Training and Development Authority; in Part 3, the entry relating to the Police Information Technology Organisation. Northern Ireland Assembly Disqualification Act 1975 (c. 25) In Schedule 1— in Part 2, the entry relating to the Central Police Training and Development Authority; in Part 3, the entry relating to the Police Information Technology Organisation. Police Pensions Act 1976 (c. 35) Section 7(2)(ce). In section 11— subsection (1)(be); subsection (2)(da) and (e); in subsection (3)(b), “(be)”; in paragraph (a) of the definition in subsection (5) of “central service”, “(cc),”; in paragraph (b) of that definition, “(bb) or”. Race Relations Act 1976 (c. 74) In Schedule 1A— in Part 2, the entry relating to the Police Information Technology Organisation; in Part 3, the entry relating to the Central Police Training and Development Authority. Police Act 1996 (c. 16) In section 97— subsection (1)(cc) and (cd); in subsections (6)(a) and (8), “(cc), (cd),”. Police Act 1997 (c. 50) Sections 109 to 111. Schedule 8. In Schedule 9— paragraph 7; in paragraph 10, the words from “there shall be added” to the end; paragraphs 12, 14(a), 24, 29(1) and (3), 30(1) and (3) and 33(2)(c) and (3)(a). Police (Northern Ireland) Act 1998 (c. 32) In section 27— subsection (1)(c); in subsection (5)(b), “(c),”. Section 40(3) and (4). Freedom of Information Act 2000 (c. 36) In Part 6 of Schedule 1, the entry relating to the Central Police Training and Development Authority and the entry relating to the Police Information Technology Organisation. Criminal Justice and Police Act 2001 (c. 16) Sections 87 to 96. In section 97(1)(a), the words “(within the meaning of section 88 above)”. Section 101(1). Schedule 3. In Schedule 4, paragraphs 2 to 8. Police Reform Act 2002 (c. 30) In section 10(1), the word “and” preceding paragraph (g). In section 11— in subsection (6), the word “and” preceding paragraph (d); in subsection (10), the word “and” preceding paragraph (g). In section 29(3)(d), “, (cc)”. Section 99. Section 102(2)(h) and (3). In section 105(3)(b), “or 99(6)”. Section 108(7)(c). In Schedule 7, paragraph 24. Scottish Public Services Ombudsman Act 2002 (asp 11) In Schedule 2, paragraph 81. Energy Act 2004 (c. 20) In Schedule 14, paragraph 9. Serious Organised Crime and Police Act 2005 (c. 15) In Schedule 4, paragraphs 77(5), 103, 104 and 163. Short title and chapter Extent of repeal Local Government Act 1972 (c. 70) Section 107(6). Police Act 1996 (c. 16) Section 6(4). Sections 6A, 7, 8 and 9. Section 15(3). Section 30(3) and (4). Sections 36A and 37. Sections 41A and 41B. Section 96B(3). Schedules 3 and 3A. Employment Rights Act 1996 (c. 18) Section 50(6). Criminal Procedure and Investigations Act 1996 (c. 25) Section 21A(4)(a)(i). Local Government Act 1999 (c. 27) Section 24(1) and (2). Greater London Authority Act 1999 (c. 29) Section 310(2). Schedule 26. In Schedule 27, paragraphs 70, 71, 72, 86, 105 and 106. Insolvency Act 2000 (c. 39) In Schedule 4, paragraph 20. Criminal Justice and Police Act 2001 (c. 16) In section 104— subsections (1) and (2); subsection (4); subsection (5) so far as relating to the Police Act 1996 (c. 16); subsections (6) and (7). Sections 105, 106 and 107. Police Reform Act 2002 (c. 30) Section 1. Section 5. Section 40(7). Section 92. Section 94. In section 96, the words “of England, Wales and Northern Ireland”. In Schedule 4, in paragraph 2(8), the words “under this paragraph”. In Schedule 7, paragraph 14. Railways and Transport Safety Act 2003 (c. 20) In section 19, paragraph (f) and the word “and” preceding it. Section 75(7). In section 76, the entry relating to the National Policing Plan. Courts Act 2003 (c. 39) In Schedule 8, paragraphs 373 to 376.
Short title and chapter Extent of repeal Aviation Security Act 1982 (c. 36) Section 27(1), (4) and (5). Police and Criminal Evidence Act 1984 (c. 60) In section 64A(1B), the word “or” preceding paragraph (f). Criminal Justice Act 2003 (c. 44) In section 25(2), the word “and” preceding paragraph (h). Immigration, Asylum and Nationality Act 2006 (c. 13) In sections 32(5) and 33(5), the word “and” preceding paragraph (c). In section 36(9), the word “and” preceding the definition of “Revenue and Customs purposes”.
Short title and chapter Extent of repeal Crime and Disorder Act 1998 (c. 37) In section 114(2), “, 6A(1)”. Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) In Schedule 9, paragraph 199. Police Reform Act 2002 (c. 30) Section 97(7) to (12). Section 98. Anti-social Behaviour Act 2003 (c. 38) Section 13(4)(b). Section 91. Clean Neighbourhoods and Environment Act 2005 (c. 16) Section 1.
Short title or title Extent of repeal or revocation Protection of Children Act 1978 (c. 37) Section 4(3). Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) In Schedule 6, paragraph 144. Computer Misuse Act 1990 (c. 18) Section 11. Section 12. In section 13— subsections (3) to (7); in subsection (8), the words from “commenced” to the end. Section 14. Section 16(3), (10), (11) and (12). Section 17(7). Criminal Justice Act 1988 (c. 33) In Schedule 15, paragraph 62. Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) In Schedule 2, paragraph 1(2). Criminal Justice and Public Order Act 1994 (c. 33) In Schedule 10, paragraphs 37(4) and 38(3) and (4). Criminal Procedure (Consequ-ential Provisions) (Scotland) Act 1995 (c. 40) In Schedule 4, paragraph 77. Criminal Justice and Police Act 2001 (c. 16) In Schedule 2, paragraph 10(2)(b) and (c). Justice (Northern Ireland) Act 2002 (c. 26) In Schedule 4, paragraph 3(2)(a). Courts Act 2003 (c. 39) In Schedule 4, paragraph 7. In Schedule 8, paragraphs 199(3), 200 and 347. Justice (Northern Ireland) Act 2004 (c. 4) In section 10(8), the word “magistrates'”. Serious Organised Crime and Police Act 2005 (c. 15) In Schedule 16, paragraph 7.