Senegal - Petroleum Exploration Project
The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.
Before Part 1 insert—
In section 182(2) (orders and regulations subject to affirmative resolution procedure), before paragraph (a) insert—.
Part 1 of Schedule 1 amends the Anti-social Behaviour, Crime and Policing Act 2014 to—
confine the power to grant an injunction under section 1 of that Act to the granting of injunctions against persons aged 10 or over but under 18, and
provide for the granting of injunctions against persons aged 18 or over for the purpose of preventing them from engaging in certain conduct capable of causing nuisance or annoyance relating to the occupation or management of housing.
Part 2 of Schedule 1 contains consequential amendments of other Acts.
The amendments made by Schedule 1 do not apply in relation to—
injunctions under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014 granted before the commencement day,
applications for such an injunction made before the commencement day, or
injunctions granted on such an application (even if granted after the commencement day).
In subsection (3) “the commencement day” means the day on which Schedule 1 comes into force.
The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.
In section 35 (directions excluding a person from an area)—
in subsection (4), for “48 hours” substitute “72 hours”;
after subsection (7) insert—;
in subsection (8), for “48 hours” substitute “72 hours”.
In section 77 (duration of closure notices)—
in subsection (1), for “24 hours” substitute “48 hours”;
in subsections (2) and (3), for “48 hours” substitute “72 hours”.
In section 81 (temporary orders), in subsection (2), for “48 hours” substitute “72 hours”.
After section 83 insert—
In section 182(2) (orders and regulations), after paragraph (b) insert—.
In Schedule 5 to the Police Reform Act 2002 (powers exercisable by accredited persons), in paragraph 1(2), after paragraph (ac) insert—.
The Anti-social Behaviour, Crime and Policing Act 2014 is amended as set out in subsections (3) to (6).
In section 52 (fixed penalty notices), in subsection (7), for “£100” substitute “£500”.
In section 56 (guidance)—
at the beginning insert—;
in subsection (1)(a), after “those officers’” insert “other”;
in subsection (1)(b)—
after “their” insert “other”;
for “those” substitute “other functions”;
after subsection (3) insert—
In section 68 (fixed penalty notices), in subsection (6), for “£100” substitute “£500”.
In section 73 (guidance)—
at the beginning insert—;
in subsection (1)(a), for “those” substitute “other functions”;
after subsection (3) insert—
Schedule 2 amends Chapter 3 of Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014 so as to enable registered social housing providers to close premises that they own or manage which are associated with nuisance and disorder.
The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.
In section 104 (review of response to complaints about anti-social behaviour), after subsection (7) insert—
After section 104 insert—
In section 105 (ASB case reviews: interpretation)—
in the heading, after “ASB case reviews” insert “and LPB case reviews”;
in subsection (1)—
for “section 104” substitute “sections 104 and 104A”;
for “Schedule 4” substitute “Schedules 4 and 4A”;
in subsection (4)—
at the appropriate places insert—; ;
for the definition of “reporting period” substitute—
In Schedule 4 (ASB case reviews: supplementary provision)—
in paragraph 1—
in sub-paragraph (1), at the end insert “or (as the case may be) each of the local policing bodies for the relevant police areas.”;
omit sub-paragraph (2);
in paragraph 4, for the words from “about” to the end of the paragraph substitute for the relevant bodies, on the applicant’s request and in such circumstances as may be specified in the procedures, to reconsider—;
in paragraph 8(3)—
after “section 104,” insert “section 104A,”;
for “or this Schedule” substitute “, this Schedule or Schedule 4A”;
in paragraph (b) omit “or the relevant police area”;
after paragraph 9 insert—
After Schedule 4 insert the Schedule set out in Schedule 3 to this Act.
In Part 6 of the Anti-social Behaviour, Crime and Policing Act 2014 (local involvement and accountability), at the end insert—
In section 59 of the Police Reform Act 2002 (vehicles used in manner causing alarm, distress or annoyance) omit subsections (4) and (5) (powers of seizure etc exercisable only if warning given, subject to certain exceptions).
The amendment made by subsection (1) does not apply in relation to the use of a motor vehicle on any occasion before the coming into force of this section.
In the Environmental Protection Act 1990, after section 34C insert—
An offence under section 33 of the Environmental Protection Act 1990 (unauthorised disposal of waste) committed by the driver of a motor vehicle used in or for the purposes of the commission of the offence. Discretionary Obligatory 3-9
The amendment made by subsection (1) does not apply in relation to an offence committed before that subsection comes into force.
A person commits an offence if the person trespasses on any premises with intent to commit an offence (whether or not on the premises).
In subsection (1) “premises” means any building, part of a building or enclosed area.
A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 3 on the standard scale (or both).
A person commits an offence if, for gain, the person arranges or facilitates another person’s begging.
A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).
In subsection (2) “the maximum term for summary offences” means—
if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;
if the offence is committed after that time, 51 weeks.
For the purposes of this Chapter—
a “relevant search service” is a search service other than an exempt service;
a “relevant user-to-user service” is a user-to-user service other than an exempt service.
In subsection (1), “search service” and “user-to-user service” have the same meanings as in the Online Safety Act 2023 (the “2023 Act”) (see, in particular, section 3 of that Act).
The following are exempt services for the purposes of subsection (1)—
a service of a kind that is described in any of the following paragraphs of Schedule 1 to the 2023 Act (certain services exempt from regulation under that Act)—
paragraph 1 or 2 (email, SMS and MMS services);
paragraph 3 (services offering one-to-one live aural communications);
paragraph 4 (limited functionality services);
paragraph 5 (services which enable combinations of user-generated content);
paragraph 7 or 8 (internal business services);
paragraph 9 (services provided by public bodies);
paragraph 10 (services provided by persons providing education or childcare), or
a service of a kind that is described in Schedule 2 to the 2023 Act (services that include regulated provider pornographic content).
This Chapter does not apply in relation to a part of a relevant search service, or a part of a relevant user-to-user service, if the 2023 Act does not apply to that part of the service by virtue of section 5(1) or (2) of that Act.
In this Chapter, “service provider” means a provider of a relevant user-to-user service or a provider of a relevant search service.
The Secretary of State must designate a member of a relevant police force or a National Crime Agency officer as the coordinating officer for the purposes of this Chapter.
The coordinating officer may delegate any of the officer’s functions under this Chapter (to such extent as the officer may determine) to another member of a relevant police force or National Crime Agency officer.
The coordinating officer may give a service provider a notice (an “appointment notice”) requiring the provider—
either to—
appoint an individual who meets the conditions in subsection (2) as the provider’s content manager for the purposes of this Chapter, or
if there is no such individual, confirm that is the case to the coordinating officer, and
to provide the coordinating officer with the required information.
The conditions are that the individual—
plays a significant role in—
the making of decisions about how a whole or substantial part of the service provider’s activities are to be managed or organised, or
the actual managing or organising of the whole or a substantial part of those activities, and
is habitually resident in the United Kingdom.
“Required information” means—
the contact details of any content manager appointed;
an email address, or details of another means of contacting the service provider rapidly which is readily available, that may be used for the purpose of giving the provider a notice under this Chapter;
information identifying the relevant user-to-user services, or (as the case may be) the relevant search services, provided by the provider.
An appointment notice must—
specify the period before the end of which the service provider must comply with the notice, and
explain the potential consequences of the service provider failing to do so (see section 19).
The period specified under subsection (4)(a) must be at least seven days beginning with the day on which the notice is given.
This section applies where—
the coordinating officer has given a service provider an appointment notice,
the provider has confirmed to the officer (in accordance with the appointment notice or under section 17(5)(b)) that there is no individual who meets the conditions in section 15(2), and
at any time within the period of two years beginning with the day on which that confirmation was given, there is an individual who meets those conditions.
The service provider must, before the end of the period of seven days beginning with the first day on which there is an individual who meets those conditions—
appoint such an individual as the provider’s content manager for the purposes of this Chapter, and
provide the coordinating officer with the content manager’s contact details.
This section applies where a service provider has appointed an individual as the provider’s content manager (whether in accordance with an appointment notice or under section 16 or this section).
The service provider may replace the provider’s content manager by appointing another individual who meets the conditions in section 15(2) as the provider’s new content manager for the purposes of this Chapter.
The service provider must, before the end of the period of seven days beginning with the day on which an appointment is made under subsection (2), provide the coordinating officer with the new content manager’s contact details.
If the individual appointed as a service provider’s content manager ceases to meet any of the conditions in section 15(2), the appointment ceases to have effect.
The service provider must, before the end of the period of seven days beginning with the day on which an appointment ceases to have effect under subsection (4)—
either—
appoint another individual who meets the conditions in section 15(2) as the provider’s content manager for the purposes of this Chapter, and
provide the coordinating officer with the new content manager’s contact details, or
if there is no longer such an individual, confirm that is the case to the coordinating officer.
This section applies where a service provider has, in accordance with an appointment notice or under section 16(2)(b) or 17 provided the coordinating officer with required information.
The service provider must give notice to the coordinating officer of any change in the required information.
The notice must specify the date on which the change occurred.
The notice must be given before the end of the period of seven days beginning with the day on which the change occurred.
This section applies if the coordinating officer has given a service provider an appointment notice and—
the period specified in the notice as mentioned in section 15(4)(a) has expired without the provider having complied with the notice,
the provider has failed to comply with a requirement under section 16, 17 or 18,
the provider, in purported compliance with a requirement to provide, or give notice of a change in, required information (whether in accordance with an appointment notice or under section 16(2)(b), 17 or 18(2)) makes a statement that is false in a material particular, or
the provider makes a statement that is false in giving the confirmation mentioned in section 15(1)(a)(ii) or 17(5)(b).
The coordinating officer may give the service provider a notice (a “penalty notice”) requiring the provider to pay a penalty of an amount not exceeding £60,000.
In order to take account of changes in the value of money the Secretary of State may by regulations substitute another sum for the sum for the time being specified in subsection (2).
Schedule 4 makes further provision in connection with penalty notices given under this Chapter.
For the purposes of this Chapter, content is “unlawful weapons content” in England and Wales if it is content that constitutes—
an offence under section 1(1) of the Restriction of Offensive Weapons Act 1959 (offering to sell, hire, loan or give away etc a dangerous weapon),
an offence under section 1 or 2 of the Knives Act 1997 (marketing of knives as suitable for combat etc and related publications), or
an offence under section 141(1) of the Criminal Justice Act 1988 under the law of England and Wales (offering to sell, hire, loan or give away etc an offensive weapon).
For the purposes of this Chapter, content is “unlawful weapons content” in Scotland if it is content that constitutes—
an offence within subsection (1)(a) or (b), or
an offence under section 141(1) of the Criminal Justice Act 1988 under the law of Scotland.
For the purposes of this Chapter, content is “unlawful weapons content” in Northern Ireland if it is content that constitutes—
an offence under Article 53 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (offering to sell, hire, loan or give away etc certain knives),
an offence within subsection (1)(b), or
an offence under section 141(1) of the Criminal Justice Act 1988 under the law of Northern Ireland.
This section applies where an authorised officer is satisfied that content— is unlawful weapons content in a relevant part of the United Kingdom.
present on a relevant user-to-user service, or
which may be encountered in or via search results of a relevant search service,
The authorised officer may give a content removal notice to—
the provider of the relevant user-to-user service, or
the provider of the relevant search service.
If the authorised officer gives a content removal notice to a service provider in a case where the coordinating officer has the contact details of the provider’s content manager, the authorised officer may also give the notice to that manager.
A content removal notice is a notice requiring the service provider and (if applicable) the provider’s content manager (each a “recipient”) to secure that—
the content to which it relates is removed (see section 27(2)), and
confirmation of that fact is given to the authorised officer.
A content removal notice must—
identify the content to which it relates;
explain the authorised officer’s reasons for considering that the content is unlawful weapons content in the relevant part (or parts) of the United Kingdom;
explain that the notice must be complied with before the end of the period of 48 hours beginning with the time the notice is given;
explain that each recipient has the right to request a review of the decision to give the notice and how a request is to be made (see section 22);
set out the potential consequences of failure to comply with the notice;
contain the authorised officer’s contact details;
be in such form, and contain such further information, as the Secretary of State may by regulations prescribe.
The authorised officer may withdraw a content removal notice from a recipient by notifying the recipient to that effect (but withdrawal of a notice does not prevent a further content removal notice from being given under this section, whether or not in relation to the same content as the withdrawn notice).
In this section—
“authorised officer” means—
a member of a relevant police force who is authorised for the purposes of this section by the chief officer of the force, or
“issuing force”—
“relevant search service” and “relevant user-to-user service” have the meanings given by section 13;
in relation to a content removal notice given by a member of a relevant police force, means that force;
“search content” and “search results” have the meanings given by section 57 of the Online Safety Act 2023;
a National Crime Agency officer who is authorised for the purposes of this section by the Director General of the National Crime Agency;
A person who is given a content removal notice (a “recipient”) may, before the end of the initial 48-hour period, request a review of the decision to give the notice.
A request under subsection (1) is to be made by the recipient giving—
a notice (a “review notice”) to the authorised officer, and
a copy of the review notice to the other recipient (if applicable).
The grounds on which a recipient may request a review include, in particular, that—
content to which the notice relates is not unlawful weapons content;
content to which the notice relates is insufficiently identified for the recipient to be able to take the action required by the notice;
the provider that received the notice is not, in fact, the provider of the relevant user-to-user service or relevant search service to which the notice relates;
the individual who received the notice as the service provider’s content manager is not, in fact, that provider’s content manager;
the notice was otherwise not given in accordance with this Chapter.
On receipt of a review notice, a review of the decision to give the content removal notice must be carried out— The individual carrying out the review is referred to in this section as “the reviewing officer”.
if the authorised officer is a member of a relevant police force, by another member of that force who is of a higher rank;
if the authorised officer is a National Crime Agency officer, by another officer who holds a more senior position in the Agency.
On completing the review or (in a case where two review notices are given) both reviews the reviewing officer must, in respect of each recipient, either—
confirm in full the decision to give the content removal notice,
confirm the decision to give the notice, but in relation to only some of the content to which it relates, or
withdraw the notice.
The reviewing officer must give each recipient a notice (a “decision notice”)—
setting out the outcome of the review or reviews, and
giving reasons.
This section applies where the reviewing officer—
has carried out a review or reviews under section 22, and
confirms the decision to give the content removal notice to the service provider, the provider’s content manager or both of them (in each case whether as mentioned in subsection (5)(a) or (b) of that section).
If the reviewing officer confirms in full the decision to give the content removal notice, the decision notice must require its recipient to secure that—
the content to which the content removal notice relates is removed, and
confirmation of that fact is given to the authorised officer.
If the officer confirms the decision to give the content removal notice but in relation to only some of the content to which it relates, the decision notice must—
identify the content to which the confirmation relates (the “confirmed content”), and
require its recipient to secure that—
the confirmed content is removed, and
confirmation of that fact is given to the authorised officer.
A decision notice within subsection (2) or (3) must specify the period before the end of which the notice must be complied with, and that period must be whichever of the following is the longest—
the period of 24 hours beginning with the time the decision notice is given;
the period—
beginning with the time the review notice or, if there was more than one, the first review notice, was given under section 22, and
ending with the end of the initial 48-hour period.
In this section, “reviewing officer” has the same meaning as in section 22.
Subsection (2) applies where—
a content removal notice has been given to a service provider, or to both a service provider and the provider’s content manager, in accordance with section 21, and
the initial 48-hour period has expired without the notice having been complied with or a review notice having been given.
A senior authorised officer of the issuing force may give a penalty notice—
to the service provider, or
if the provider’s content manager also received the content removal notice, to the content manager or to both of them.
Subsection (4) applies where, following a review or reviews under section 22—
a decision notice has been given to the service provider or to both the provider and the provider’s content manager in accordance with section 23(2) or (3) confirming the decision to give the content removal notice, and
the period specified in the decision notice under subsection (4) of that section has expired without that notice having been complied with.
A senior authorised officer of the issuing force may give a penalty notice—
to the service provider, or
if the provider’s content manager also received the decision notice, to the content manager or to both of them.
In this section a “penalty notice” means a notice requiring its recipient to pay a penalty—
where the recipient is a service provider, of an amount not exceeding £60,000;
where the recipient is a service provider’s content manager, of an amount not exceeding £10,000.
In order to take account of changes in the value of money the Secretary of State may by regulations substitute another sum for a sum for the time being specified in subsection (5).
See Schedule 4 for further provision in connection with penalty notices given under this section.
The Secretary of State may issue guidance to the persons mentioned in subsection (2) about the exercise of their functions under this Chapter.
The persons are—
the chief officer, and any other member, of a relevant police force;
the Director General of the National Crime Agency and any other officer of the Agency.
A draft of any guidance proposed to be issued under this section must be laid before each House of Parliament.
The Secretary of State must not issue guidance under this section until after the end of the period of 40 days beginning with the day on which the draft was laid before each House of Parliament, or if it was laid on different days, with the later day.
If, within that period, either House of Parliament resolves that the guidance should not be issued, the Secretary of State must not issue it.
In calculating any period of 40 days for the purposes of subsection (4), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
The Secretary of State must publish any guidance issued under this section.
A person mentioned in subsection (2) must have regard to any guidance issued under this section when exercising a function under this Chapter.
The Secretary of State may revise any guidance issued under this section.
Subject to subsection (11), subsections (3) to (8) have effect in relation to any revised guidance.
Subsections (3) to (6) do not apply to revised guidance if the Secretary of State considers that the revisions are not substantial.
This section applies in relation to any notice that must or may be given to a person under this Chapter.
A notice may be given to a person by—
delivering it by hand to the person,
leaving it at the person’s proper address,
sending it by post to the person at that address, or
sending it by email to the person’s email address.
A notice to a body corporate may be given to any officer of that body.
A notice to a partnership may be given to any partner or to a person who has the control or management of the partnership business.
A notice sent by first class post to an address in the United Kingdom, is treated as given at noon on the second working day after the day of posting, unless the contrary is proved.
A notice sent by email is treated as given at the time it is sent unless the contrary is proved.
In this section—
premises used wholly or mainly for the purposes of the sale of anything by retail, or
an email address provided by that person for the purposes of this Chapter, or
“officer”, in relation to an entity, includes a director, a manager, a partner, the secretary or, where the affairs of the entity are managed by its members, a member;
in relation to England and Wales, means— a police force in England and Wales, or the Ministry of Defence Police;
in relation to Scotland, means— the Police Service of Scotland, or the Ministry of Defence Police;
“entity” has the same meaning as in that Act (see section 236(1) of that Act);
In the case of an entity registered or carrying on business outside the United Kingdom, or with offices outside the United Kingdom, the reference in subsection (7), in the definition of “proper address”, to the entity’s principal office includes—
its principal office in the United Kingdom, or
if the entity has no office in the United Kingdom, any place in the United Kingdom at which the person giving the notice believes, on reasonable grounds, that the notice will come to the attention of any director or other officer of that entity.
In this Chapter—
For the purposes of this Chapter, a reference to “removing” content— and related expressions are to be read accordingly.
in relation to content present on a relevant user-to-user service, is a reference to any action that results in the content being removed from the service, or being permanently hidden, so users of the service in any part of the United Kingdom in which the content is unlawful weapons content cannot encounter it;
in relation to content which may be encountered in or via search results of a relevant search service, is a reference to taking measures designed to secure, so far as possible, that the content is no longer included in the search content of the service that is available in any part of the United Kingdom in which the content is unlawful weapons content,
The following provisions of the Online Safety Act 2023 apply for the purposes of this Chapter as they apply for the purposes of that Act—
section 226 (determining who is the provider of a particular user-to-user service or search service);
section 236(5) and (6) (references to content being present).
In Part 11 of the Criminal Justice Act 1988, after section 139AA insert—
In section 315 of the Sentencing Code (minimum sentence for repeat offence involving weapon, bladed article or corrosive substance)—
in subsection (1)(a) after sub-paragraph (iii) (but before the “or” at the end of that sub-paragraph) insert—;
in subsection (5)(b) for “or 139AA” substitute “, 139AA or 139AB”.
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), for paragraph 23 (offences under the Criminal Justice Act 1988) substitute—.
In section 141 of the Criminal Justice Act 1988 (offensive weapons)—
in subsection (1) for the words from “and liable” to the end substitute and liable—;
in subsection (1A)—
for “51 weeks” substitute “the general limit in a magistrates’ court”;
in paragraph (b) for “6 months, to a fine not exceeding level 5 on the standard scale” substitute “12 months, to a fine not exceeding the statutory maximum”;
after paragraph (c) insert—;
omit subsection (1B).
In section 141A(1) of that Act (sale of knives etc to children), for the words from “and liable” to the end substitute and liable—
In section 1 of the Restriction of Offensive Weapons Act 1959—
in subsection (1) omit the words from “and shall be liable” to the end;
after subsection (1) insert—;
in subsection (1B)—
in paragraph (a) for “51 weeks” substitute “the general limit in a magistrates’ court”;
in paragraph (b) for “6 months, to a fine not exceeding level 4 on the standard scale” substitute “12 months, to a fine not exceeding the statutory maximum”;
after paragraph (b) insert—;
omit subsection (1C).
The amendments made by this section do not apply in relation to an offence committed before this section comes into force.
A constable who— may seize the relevant article.
is lawfully on any premises,
finds, on the premises, an article which has a blade or is sharply pointed (a “relevant article”), and
has reasonable grounds for suspecting that the relevant article would be likely to be used in connection with unlawful violence (if it were not seized),
The following provisions apply where a relevant article is seized under this section.
The constable who seized the relevant article—
must give a record of what was seized to a person who is on the premises, or
if there is no person on the premises, must leave a record of what was seized in a prominent place on the premises.
The record must—
describe the relevant article,
state that it has been seized under this section,
specify the date of seizure,
give the reason why the relevant article was seized, and
specify the name and reference number of the constable who seized the relevant article.
Following seizure of the relevant article, a constable may— This is subject to subsections (6) and (8).
retain it, or
destroy it or otherwise dispose of it.
A person claiming to be the owner of the relevant article may apply to a magistrates’ court for an order for the delivery of the relevant article to the person.
The court may make an order under subsection (6) if it appears to the court that—
the person making the application is the owner of the relevant article, and
it would be just to make the order.
The relevant article may not be destroyed or disposed of—
in the period of 6 months beginning with the day on which it is seized, or
if an application under subsection (6) is made in that period, until the application (including any appeal) has been finally determined or otherwise disposed of (and then, only if the court does not make an order under that subsection).
In this section “unlawful violence” includes—
unlawful damage to property, and
a threat of unlawful violence (including of unlawful damage to property).
In the Armed Forces Act 2006, after section 93 insert—
Section 141B of the Criminal Justice Act 1988 (remote sales of knives) is amended as follows.
For subsection (4) substitute—
In subsection (5)(b), for “a person aged 18 or over” substitute “the buyer”.
In subsection (6), for “a person aged 18 or over” substitute “the buyer”.
In subsection (8), omit “or a person acting on behalf of the buyer” in both places it occurs.
After subsection (9) insert—
Section 141C of the Criminal Justice Act 1988 (remote sales and lettings of knives) is amended as follows.
For subsection (5) substitute—
In subsection (6)(b) for “a person aged 18 or over” substitute “the recipient”.
In subsection (7) for “a person aged 18 or over” substitute “the recipient”.
In subsection (9) omit “or a person acting on behalf of the recipient” in both places it occurs.
After subsection (10) insert—
In section 141A(4B) of the Criminal Justice Act 1988 (sale of knives to persons under 18: Scotland) for paragraphs (a) to (b) substitute—.
Article 54A of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (remote sale of knives) is amended as follows.
For paragraph (4) substitute—
In paragraph (5)(b), for “a person aged 18 or over” substitute “the buyer”.
In paragraph (6), for “a person aged 18 or over” substitute “the buyer”.
In paragraph (8), omit “or a person acting on behalf of the buyer”, in both places it occurs.
In Article 57 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (rules and orders)—
in paragraph (1) after “54(3)(c)” insert “, 54A(4A)(d)”;
in paragraph (2) after “Article” insert “54A(4)(a)(ii) or”.
The Offensive Weapons Act 2019 is amended as follows.
In section 38 (delivery of bladed products to residential premises)—
omit subsection (4);
in subsection (8)—
in paragraph (b) omit “Scotland or”;
after paragraph (b) insert—
In section 39 (delivery of bladed products to persons under 18)—
in subsection (1), for paragraphs (c) to (e) substitute—;
omit subsections (2) and (3);
for subsection (6) substitute—;
in subsection (7)—
for “subsection (6)” substitute “this section”;
in paragraph (b) omit “Scotland or”;
after paragraph (b) insert—
For section 40 substitute—
After section 40 insert—
In section 41 (meaning of “bladed product” in sections 38 to 40)—
in the heading, for “40” substitute “40C”;
in subsection (1) for “40” substitute “40C”;
in subsection (2) for “40” substitute “40C”;
in subsection (3), for “40” substitute “40C”;
in subsection (4) for “40” substitute “40C”.
In section 42 (delivery of knives etc pursuant to arrangement with seller outside UK)—
in subsection (1) for paragraphs (c) to (e) substitute—;
omit subsections (2) and (3);
for subsections (4) to (9) substitute—;
in subsection (10)—
for “subsection (4)” substitute “this section”;
in paragraph (b) omit “Scotland or”;
after paragraph (b) insert—
After section 42 insert—
In section 68 (regulations and orders)—
in subsection (2) after “State” insert, “, except for regulations under section 40(8)(d),”;
after subsection (2) insert—;
in subsection (3)—
omit “, 40(10)(c)”;
after “is” insert “, and regulations made by the Scottish Ministers under section 40(8)(d) are,”;
in subsection (4) for “40(13)” substitute “40(7)(a)(ii), 40C(8)(a)(ii), 40D”;
in subsection (6) after “Act” insert “, except for regulations under section 40(8)(d),”;
after subsection (6) insert—
The Crossbows Act 1987 is amended as follows.
In section 1 omit “unless he believes him to be eighteen years or older and has reasonable ground for the belief”.
After section 1 insert—
In section 1A (defences: Scotland)—
in subsection (1)—
for “It” substitute “Except where section 1B applies, it”;
after “charged” insert “in Scotland”;
in subsection (3) for paragraphs (a) to (b) substitute—;
for the heading substitute “Defence to offence under section 1: Scotland”.
After section 1A insert—
In the Crossbows Act 1987, after section 1B (inserted by section 36) insert—
After section 1I of the Crossbows Act 1987 (inserted by section 37) insert—
After section 6 of the Crossbows Act 1987 insert—
In section 66(1) of the Offensive Weapons Act 2019 (guidance by Secretary of State), after paragraph (ga) (inserted by section 42) insert—.
In section 66(2) of that Act (guidance by Scottish Ministers), after paragraph (a) insert—.
The Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)) is amended as follows.
In Article 3 omit “, unless he believes him to be eighteen years of age or older and has reasonable ground for the belief”.
After Article 3 insert—
In the Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)), after Article 3B (inserted by section 39) insert—
After Article 3I of the Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)) (inserted by section 40) insert—
In Article 8 of the Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)) (punishments)—
in paragraph (1) for “this Order” substitute “Article 3, 4 or 5”;
after paragraph (1) insert—
After Article 8 of the Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)) insert—
In section 66(3) of the Offensive Weapons Act 2019 (guidance on offences relating to offensive weapons etc), after paragraph (d) insert—.
In the Criminal Justice Act 1988, after section 141C insert—
In the Offensive Weapons Act 2019—
in section 66(1) (guidance by Secretary of State) after paragraph (g) insert—;
in section 66(2) (guidance by Scottish Ministers) after paragraph (d) insert—.
The Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) is amended as follows.
After Article 54A insert—
In Article 57 (rules and orders)—
the existing text becomes paragraph (1);
in that paragraph for “or 54(3)(c)” substitute “, 54(3)(c) or 54B(1)”;
after that paragraph insert—
In the Offensive Weapons Act 2019, in section 66(3) (guidance by Department of Justice) after paragraph (f) insert—.
The Firearms Act 1968 is amended as follows.
After section 2 insert—
In section 57 (interpretation)—
in subsection (1)—
omit paragraph (d);
in the words after paragraph (d) omit “, and accessories to,”;
in subsection (4)—
after the definition of “registered” insert—;
in the definition of “shot gun”, omit the words from “and any” to the end.
Section 2A Possession of relevant accessory without certificate under this Act Summary A fine of level 3 on the standard scale
Schedule 5 amends the exemptions in the Firearms Act 1968 and the Firearms (Amendment) Act 1988 to the requirement to hold a firearm or shot gun certificate.
A person who assaults a retail worker at work commits an offence under this section.
“Retail worker at work” means a person who—
is working on or about retail premises, and
is working there for or on behalf of the owner or occupier of those premises, or is the owner or occupier of those premises.
In subsection (2)—
“retail premises” means— and here “premises” include a stall or vehicle;
premises used mainly for the purposes of the wholesale of anything, if the premises are also used for the purposes of the sale of anything by retail,
A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or to a fine (or both).
In subsection (4) “the maximum term for summary offences” means—
if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales) comes into force, 6 months;
if the offence is committed after that time, 51 weeks.
In section 40(3) of the Criminal Justice Act 1988 (power to join in indictment count for common assault etc) after paragraph (ac) insert—.
In Chapter 1 of Part 11 of the Sentencing Code (criminal behaviour orders), after section 331 (power to make criminal behaviour order) insert—
In the Magistrates’ Courts Act 1980, omit section 22A (low-value shoplifting to be a summary offence).
In consequence of the amendment made by subsection (1)—
in the Magistrates’ Courts Act 1980—
in section 2(3)(a) for “22A” substitute “22”;
in section 143, omit subsections (2)(aza) and (3)(aa);
in the Criminal Attempts Act 1981, omit—
section 1(5);
in section 4(1)(c), the words from “or is low-value” to “1980),”;
in section 51(2)(b) of the Crime and Disorder Act 1998, omit “22A(2)(b),”;
in section 84 of the Armed Forces Act 2006, omit subsection (2A);
in the Anti-social Behaviour, Crime and Policing Act 2014, omit section 176;
in the Criminal Justice and Courts Act 2015, omit section 52;
in section 6 of the Judicial Review and Courts Act 2022, omit subsection (3).
The amendments made by this section do not apply in relation to an offence committed before this section comes into force.
A person (D) aged 18 or over who is in a part of the United Kingdom (“the relevant part” of the United Kingdom) commits an offence if—
D engages in conduct towards or in respect of a child (C), and
D does so with the intention of— It is irrelevant whether or not D knows or suspects that C is a child.
causing C to commit an offence,
causing C to do anything outside the relevant part of the United Kingdom which would constitute an offence if done in that part, or
facilitating the causing of C, in future, to commit an offence or do anything outside the relevant part of the United Kingdom which would constitute an offence if done in that part.
In subsection (1)(b) “offence” means an offence under the law of a part of the United Kingdom.
In this section and section 49—
“act” includes omission (and similar references, including references to doing anything, are to be construed accordingly);
“child” means a person under the age of 18;
a reference to a “part” of the United Kingdom is to—
England and Wales,
Scotland, or
Northern Ireland.
Where— D1 is to be treated for the purposes of this section and section 49 as also having engaged in that conduct.
a person (D1) arranges for another person (D2) to engage in conduct towards or in respect of a child, and
D2 engages in that conduct,
A person who commits an offence under this section is liable—
on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both).
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), after paragraph 36C insert—.
This section applies for the purposes of section 48.
Where it is alleged that D intended to cause C to commit an offence, it is sufficient to prove that D intended to cause C to do an act which would amount to the commission of that offence.
Where it is alleged that D intended to cause C to do anything outside the relevant part of the United Kingdom which would constitute an offence if done in that part, it is sufficient to prove that D intended to cause C to do an act which, if done in that part, would amount to the commission of that offence.
Where it is alleged that D intended to facilitate the causing of C, in future, to— it is sufficient to prove that D intended to facilitate the causing of C in future to do an act which would amount to the commission of that offence, or would if done in that part of the United Kingdom amount to the commission of that offence.
commit an offence, or
do anything outside the relevant part of the United Kingdom which would constitute an offence if done in that part,
In proving for the purposes of this section whether an act is one which would, or which would if done in a part of the United Kingdom, amount to the commission of an offence—
if the offence is one requiring proof of fault, it must be proved that—
D believed that, were the act to be done, it would be done with that fault, or
D’s state of mind was such that, were D to do it, it would be done with that fault;
if the offence is one requiring proof of particular circumstances or consequences (or both), it must be proved that D intended or believed that, were the act to be done, it would be done in those circumstances or with those consequences.
For the purposes of subsection (5)(a)(ii), D is to be assumed to be able to do the act in question.
In this section—
a reference to C doing an act which would amount to the commission of an offence includes C doing an act which would amount to the commission of the offence if C were aged 10 or over (or, in Scotland, were aged 12 or over);
a reference to C doing an act which, if done in a part of the United Kingdom, would amount to the commission of an offence includes C doing an act which would amount to the commission of the offence if (in addition to it being done in that part of the United Kingdom) C were aged 10 or over (or, in Scotland, were aged 12 or over).