Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Police reform
National Policing Improvement Agency
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Police forces and police authorities
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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Police pension schemes
Schedule 3 (power to merge police pension schemes) has effect.
Statutory consultation requirements
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.
Community support officers etc
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Schedule 5, which—... makes other minor amendments in connection with the exercise of police powers by civilians, has effect.
Powers of police etc
Police powers
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,
In section 37 of the Police and Criminal Evidence Act 1984 (duties of custody officer before charge), in paragraph (a) of subsection (7) (officer's duties when he determines that there is sufficient evidence to charge), for “shall be released without charge and on bail for the purpose” there is substituted.
In Part 3 of the Aviation Security Act 1982 (c. 36) (policing of airports), before section 25 there is inserted—
Information from registers of death
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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Travel and freight information
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
In section 36 (duty to share travel and freight information), in subsection (9) (interpretation of section), after the definition of “Revenue and Customs purposes” there is inserted
In section 38 (disclosure of travel and freight information for security purposes), after subsection (5) there is inserted—
Fixed penalty notices
After section 41 of the Police Reform Act 2002 (c. 30) there is inserted—
Conditional cautions
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.
Crime and anti-social behaviour
Crime and disorder
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.
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).
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,
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).
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 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.
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.
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.
In this section—“committee system” has the same meaning as in Part 1A of the Local Government Act 2000 (see section 9B(4) of that Act);“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); electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983;“executive arrangements” means —in relation to England, executive arrangements under Part 1A of the Local Government Act 2000, and in relation to Wales, executive arrangements under Part 2 of that Act;“local authority” means—in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly; in relation to Wales, a county council or a county borough council; local crime and disorder matter”, in relation to a member of a local authority, means a matter concerning—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 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 serious violence (within the meaning of Chapter 1 of Part 1 of the Crime and Disorder Act 1998).
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.
Parenting contracts and parenting orders
In Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities), after section 25 there is inserted—
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—
Injunctions
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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.
Inspectorates
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 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.
Miscellaneous
Bail offences
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Computer misuse
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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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,
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 3A” means the section 3A inserted in the 1990 Act by section 37 above.
Forfeiture of indecent photographs of children
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.
Director General of the Independent Office for Police Conduct
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).
Extradition
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.
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.
Repatriation of prisoners
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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Live links
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—.
Supplemental
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.
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
Subsection (1) does not apply to—
paragraph 6 of Schedule 13;
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);
the Police (Scotland) Act 1967 (c. 77);
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—
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.
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—
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—
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,
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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Subject to subsections (2) to (6), Parts 1 to 5 extend to England and Wales 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.
National Policing Improvement Agency
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Amendments to the Police Act 1996
Membership etc of police authorities
In section 4 (membership of police authorities outside Greater London), in subsection (4), for “Schedules 2 and 3” there is substituted “ Schedule 2 ”.
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.
Functions of police authorities
Section 6 (general functions of police authorities) is amended as follows.
In subsection (1)—
the words after “section 3” become paragraph (a) of that subsection;
at the end of that paragraph there is inserted
In subsection (2)—
in paragraph (a), for “objectives determined by the Secretary of State under section 37” there is substituted “ strategic priorities determined by the Secretary of State under section 37A ”;
in paragraph (b), for “under section 7” there is substituted “ by virtue of section 6ZB ”;
for paragraph (d) there is substituted—
After section 6 there is inserted—
Police authorities: objectives, plans and reports
After section 6ZA (inserted by paragraph 8) there is inserted—
In section 9A (general functions of Commissioner of Police of the Metropolis), in subsection (2), for the words after “shall have regard” there is substituted
In section 10 (general functions of chief constables), in subsection (2), for the words after “shall have regard” 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) ”.
Appointment of deputy chief constables etc
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—
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) ”.
Civilian employees of police authorities
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 24 (aid of one police force by another), after subsection (3) there is inserted—
Clerks to police authorities renamed chief executives
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 ”.
In Schedule 6 (appeals to police appeal tribunals), in paragraph 6(2), for “clerk” there is substituted “ chief executive ”.
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—
a police authority established under section 3 of the Police Act 1996 (c. 16);
the Metropolitan Police Authority.
Jurisdiction of special constables
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.
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) ”.
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 ”.
Secretary of State's strategic functions in relation to police authorities
Sections 36A (National Policing Plan) and 37 (setting of objectives for police authorities) are repealed.
Before section 38 there is inserted—
Section 38 (setting of performance targets) is amended as follows.
In subsection (1)—
for “an objective has been determined under section 37” there is substituted “ a strategic priority has been determined under section 37A ”;
for “to achieve the objective” there is substituted “ to give effect to that priority ”.
In subsection (2), for “section 37” there is substituted “ section 37A ”.
After subsection (4) there is inserted—
Power to give directions to police authority or chief officer of police
For section 40 (power to give directions to police authority) there is substituted—
Power to give directions as to action plans
Sections 41A and 41B (power to give directions as to action plans, and procedure for doing so) are repealed.
Arrangements for obtaining the views of the community on policing
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—
Power to merge police pension schemes
Introduction
In this Schedule—“the 1976 Act” means the Police Pensions Act 1976 (c. 35);“1976 Act scheme” means a pension scheme established by regulations under section 1 of the 1976 Act (pensions for police in Great Britain);“the 1998 Act” means the Police (Northern Ireland) Act 1998 (c. 32);“1998 Act scheme” means a pension scheme established by regulations under section 25(2)(k) of the 1998 Act (pensions for members of Police Service of Northern Ireland) or section 26(2)(g) of that Act (pensions for members of Police Service of Northern Ireland Reserve);“police pension scheme” means a 1976 Act scheme or a 1998 Act scheme;“police pensions regulations” means—regulations under section 1 of the 1976 Act; regulations under section 25(2)(k) or 26(2)(g) of the 1998 Act.
Power to merge police pension schemes
Regulations may—
revoke those provisions of the police pensions regulations that apply to persons who became members of a police pension scheme before 6th April 2006, and
make equivalent provision establishing a single pension scheme for the benefit of those persons.
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—
are made as a result of consolidating the provisions of the different police pensions regulations into a single pension scheme, and
do not make the scheme less beneficial to any member of it than the police pension scheme of which he was previously a member.
Exercise of power to establish merged scheme
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.
The Secretary of State shall—
consult with the Police Advisory Board for England and Wales before exercising the power as regards England and Wales;
consult with the Police Negotiating Board for Scotland before exercising the power as regards Scotland;
consult with the Northern Ireland Policing Board and the Police Association for Northern Ireland before exercising the power as regards Northern Ireland.
The regulations may be framed so as to have effect as from a date before the making of the regulations.
Exercise of power to amend merged scheme
The power to make amending regulations is exercisable as if—applied also to the amending regulations.
any provision of the 1976 Act applying to regulations under section 1 of that Act,
any provision of Northern Ireland legislation applying to regulations under section 25(2)(k) of the 1998 Act, and
any provision of Northern Ireland legislation applying to regulations under section 26(2)(g) of the 1998 Act,
In this paragraph “amending regulations” means regulations amending regulations previously made under this Schedule.
Application of provisions of other Acts
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.
section 8A of the 1976 Act (information in connection with police pensions etc),
section 9 of that Act (assignment etc of pension to be void), and
section 10 of that Act (obtaining pension by self-inflicted injury etc),
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.
Transitional provision
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,
Continuity of schemes for tax purposes
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.
Consultation with APA and ACPO
Police and Criminal Evidence Act 1984 (c. 60)
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—.
Police Act 1996 (c. 16)
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In section 39A of that Act (codes of practice for chief officers), for paragraphs (a) and (b) of subsection (4) 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—.
In section 53 of that Act (regulations as to standard of equipment), for paragraphs (a) and (b) of subsection (2) there is substituted—.
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In section 57 of that Act (common services), for paragraphs (a) and (b) of subsection (4) there is substituted—.
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Criminal Procedure and Investigations Act 1996 (c. 25)
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.
Criminal Justice and Police Act 2001 (c. 16)
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—
Police Reform Act 2002 (c. 30)
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 24 of that Act (consultation on regulations), for paragraphs (b) and (c) there is substituted—.
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 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 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—.
In section 51 of that Act (independent custody visitors for places of detention), for paragraphs (a) and (b) of subsection (7) there is substituted—.
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Exercise of police powers by civilians
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 ”.
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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.
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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 ”.
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In paragraph 36(1)(a) (meaning of “the relevant police area”), for “designation” there is substituted “ person designated ”.
In paragraph 36, for sub-paragraphs (2) and (3) there is substituted—
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) ”.
Police bail
Introductory
The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.
Police bail granted elsewhere than at police station
Power to impose conditions on granting bail
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—
Contents of notice given to person released on bail
In section 30B (bail under section 30A: notices), after subsection (4) there is inserted—
Variation of bail conditions
After section 30C there is inserted—
Power of arrest for breach of bail conditions
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) ”.
Police bail granted at police station before charge
Power to impose conditions on bail granted under section 37(2) or (7)(b)
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 ”.
Power of arrest for breach of conditions of bail granted under section 37(2) or (7)(b)
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) ”.
Dealing with person arrested for breach of conditions of bail granted under section 37(7)(b)
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) ”.
Time for person to answer bail granted under section 37(2) or (7)(b) or 37CA(2)(b)
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 ”.
Dealing with person released on bail under section 37(7)(b) or 37CA(2)(b)
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 “subsection (4)” there is inserted “ , (4A) ”;
for “37(7)(a) or 37C(2)(b)” there is substituted “ 37(7), 37C(2)(b) or 37CA(2)(b) ”.
Applications to court where person released on bail under section 37(2) or (7)(b) or 37CA(2)(b)
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) ”.
Schedule to be inserted into the Police Reform Act 2002
Further provision about crime and disorder committees of certain local authorities
Introductory
This Schedule applies in relation to a local authority—
that is not operating executive arrangements under Part 1A or 2 of the Local Government Act 2000 (c. 22), and
that has not appointed an overview and scrutiny committee under section 9JA of that Act.
In this Schedule “local authority” and “crime and disorder committee” have the same meaning as in section 19.
Functions of crime and disorder committees
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.
Appointment of sub-committees
The crime and disorder committee of a local authority—
may appoint one or more sub-committees, and
may arrange for the discharge of any of its functions by any such sub-committee.
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).
Meetings etc
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.
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.
Power to compel attendance etc
The crime and disorder committee of a local authority or a sub-committee of such a committee—
may require members or officers of the authority to attend before it to answer questions;
may invite other persons to attend meetings of the 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.
Miscellaneous and supplemental
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).
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.
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.
Application to the City of London
Paragraph 8 does not apply to the crime and disorder committee of the Common Council or to a sub-committee of that committee.
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.
Amendments to the Crime and Disorder Act 1998
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 (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)—
“, 6A(1)” is omitted;
after “regulations under” there is inserted “ section 6 or 17A or ”.
In subsection (3)—
after “1F,” there is inserted “ 5(6), ”;
for “38(5) or 41(6)” there is substituted “ 17(4), 38(5), 41(6) or 115(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—
Injunctions in local authority proceedings: powers to remand
Introductory
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.
Remand in custody or on bail
The court may—
remand the person in custody, that is, commit him to custody to be brought before the court at the end of the period of remand or at such earlier time as the court may require, or
remand him on bail, in accordance with the following provisions.
The court may remand the person on bail—
by taking from him a recognizance, with or without sureties, conditioned as provided in paragraph 3, or
by fixing the amount of the recognizances with a view to their being taken subsequently, and in the meantime committing him to custody as mentioned in sub-paragraph (1)(a).
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—
before that court at the end of the period of remand, or
at every time and place to which during the course of the proceedings the hearing may from time to time be adjourned.
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—
if the court remands him on bail, it may remand him for a longer period if he and the other party consent, and
if the court adjourns a case under section 27(9) (remand for medical examination and report) the court may remand him for the period of adjournment.
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.
Further remand
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.
Postponement of taking recognizance
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.
Requirements imposed on remand on bail
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.
Schedule to be inserted into the Protection of Children Act 1978
Schedule to be inserted into the Protection of Children (Northern Ireland) Order 1978
Extradition
Amendments to the Extradition Act 2003
Requests for extradition of persons unlawfully at large
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 subsection (3), after “subsection (4)” there is inserted “ or the statement referred to in subsection (4A) ”;
for subsection (4) there is substituted—
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 substituted.
After section 68 there is inserted—
In section 82 (passage of time), for the words from “since” to the end there is substituted.
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 ”.
Restriction on extradition following transfer from International Criminal Court
In section 11 (bars to extradition)—
after paragraph (h) of subsection (1) there is inserted—;
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—
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Remand of person serving sentence in United Kingdom
In sections 23 and 89 (person serving sentence in United Kingdom), after subsection (2) there is inserted—
Remands in connection with appeal proceedings
for paragraph (b) of subsection (4) there is substituted—;
in paragraph (c) of that subsection, at the end there is inserted “ , if no appeal to the House of Lords is brought before the end of that period ”;
in subsection (5)(a), for “if” there is substituted “ unless ”.
In section 32 (appeal to House of Lords), for subsection (10) there is substituted—
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)—
for paragraph (b) of subsection (4) there is substituted—;
in paragraph (c) of that subsection, at the end there is inserted “ , if no appeal to the House of Lords is brought before the end of that period ”;
in subsection (5)(a), for “if” there is substituted “ unless ”.
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—
Time for extradition
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 ”.
In section 37 (undertaking in relation to person serving sentence in United Kingdom), after paragraph (b) of subsection (8) there is inserted— “ Paragraph (a) applies only if the day mentioned in that paragraph is later than the day mentioned in section 35(4)(a). ”
In section 38 (extradition following deferral for competing claim), at the end of subsection (3) there is inserted— “ This subsection applies only if the day on which the order is made is later than the day mentioned in section 35(4)(a). ”
Extradition of person serving sentence in United Kingdom
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.
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 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.
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 59 (return of person to serve remainder of sentence), after paragraph (b) of subsection (1) there is inserted—
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.
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 132 (return of person to serve remainder of sentence), after paragraph (b) of subsection (1) there is inserted—
“The appropriate judge”
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—
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).
Extradition to category 2 territories: requests and certificates
Section 70 (extradition request and certificate) is amended as follows.
In subsection (1)—
after “must” there is inserted “ (subject to subsection (2)) ”;
for the words after “extradition” there is substituted “ of a person to a category 2 territory ”.
For subsection (2) there is substituted—
In subsection (8)—
the words after “must” become paragraph (a) of that subsection;
at the end of that paragraph there is inserted
In subsection (9), for the words after “send” there is substituted “ the request and the certificate to the appropriate judge ”.
Time for representations and consideration of case under Part 2
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—
Applications for discharge or for extension of time limit
Section 99 (time limit for order for extradition or discharge) is amended as follows.
In subsection (2)—
for “the High Court” there is substituted “ the appropriate judge ”;
for “the court” there is substituted “ the judge ”.
In subsection (4)—
for “applies to the High Court” there is substituted “ applies to the appropriate judge ”;
for “the High Court may” there is substituted “ the judge may ”.
Scotland: references to Secretary of State
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 ”.
Issue of Part 3 warrant: persons unlawfully at large who may be arrested without domestic warrant
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—
Issue of Part 3 warrant: domestic warrant issued at common law by judge in Northern Ireland
For subsection (8) of section 142 there is substituted—
Dealing with person for pre-extradition offences following extradition to UK
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 ”.
Extradition requests to territories not applying European framework decision to old cases
After section 155 there is inserted—
Extradition of serving prisoner
After section 197 there is inserted—
Authentication of receivable documents
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—.
Amendments to other Acts
Powers of High Court in relation to bail decisions by magistrates' court etc
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”.
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 ”.
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)—
after “subsection (1)” there is inserted “ or (1A) ”;
for “the magistrates' court” there is substituted “ the court which has granted bail ”.
In subsections (5) and (6), for “the magistrates' court” there is substituted “ the court which has granted bail ”.
In subsection (8)—
after “subsection (1)” there is inserted “ or (1A) ”;
“magistrates'” is omitted.
After subsection (11) there is inserted—
After section 10 of the Justice (Northern Ireland) Act 2004 there is inserted—
Credit against sentence for periods of remand in custody of persons extradited to UK
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 ”.
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Amendments consequential on amendments in Part 1
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 ”.
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—.
Minor and consequential amendments
Prison Act 1952 (c. 52)
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 ”.
Criminal Damage Act 1971 (c. 48)
In section 10 of the Criminal Damage Act 1971 (interpretation), after subsection (4) there is inserted—
Superannuation Act 1972 (c. 11)
In Schedule 1 to the Superannuation Act 1972 (employments etc to which section 1 can apply), at the appropriate place in the list of “Offices” there is inserted— “ 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.
Police Pensions Act 1976 (c. 35)
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.
Bail Act 1976 (c. 63)
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),
Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4))
In Article 12 of the Criminal Damage (Northern Ireland) Order 1977 (meaning of property, etc), after paragraph (4) there is inserted—
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
Aviation Security Act 1982 (c. 36)
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 ”.
Subsections (1), (4) and (5) of section 27 of that Act (prevention of theft at designated airports) are omitted.
Police and Criminal Evidence Act 1984 (c. 60)
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 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—.
In section 64A of that Act (photographing of suspects etc), in subsection (1B), after paragraph (f) there is inserted
Housing Act 1985 (c. 68)
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 substituted.
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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 substituted.
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Criminal Justice Act 1988 (c. 33)
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) ”.
Housing Act 1988 (c. 50)
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Local Government and Housing Act 1989 (c. 42)
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 ”.
Computer Misuse Act 1990 (c. 18)
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—
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 paragraph (a), for “he did the act which caused the unauthorised modification” there is substituted “ he did the unauthorised act (or caused it to be done) ”;
for paragraph (b) there is substituted—
In section 6 of that Act (territorial scope of inchoate offences)—
In section 7 of that Act (territorial scope of inchoate offences related to offences under external law)—
Section 13 of that Act (proceedings in Scotland) is amended as follows.
In subsection (1), for paragraph (b) there is substituted—
In subsection (2)—
in paragraph (a), for “he did the act which caused the unauthorised modification” there is substituted “ he did the unauthorised act (or caused it to be done) ”;
for paragraph (b) there is substituted—
Subsections (3) to (7) are omitted.
In subsection (8), the words from “commenced” to the end are omitted.
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—
Police Act 1996 (c. 16)
In section 91 of the Police Act 1996 (offence of causing disaffection amongst members of police forces etc), after subsection (2) there is inserted—
Employment Rights Act 1996 (c. 18)
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—.
Housing Act 1996 (c. 52)
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Police Act 1997 (c. 50)
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—.
Audit Commission Act 1998 (c. 18)
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Crime and Disorder Act 1998 (c. 37)
Youth Justice and Criminal Evidence Act 1999 (c. 23)
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 ”.
Local Government Act 2000 (c. 22)
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) ”.
Regulation of Investigatory Powers Act 2000 (c. 23)
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—.
Police Reform Act 2002 (c. 30)
In section 40 of that Act (community safety accreditation schemes), subsection (7) is omitted.
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 “or 41” there is inserted “ or an accreditation to any weights and measures inspector under section 41A ”;
after “accredited person” there is inserted “ or the accredited inspector ”.
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)—
before the “or” following paragraph (b) there is inserted—;
in paragraph (c), after “accredited person” there is inserted “ or an accredited inspector ”.
In subsection (3)—
in paragraph (a), for “or an accredited person” there is substituted “ , an accredited person or an accredited inspector ”;
in paragraph (b), for “or that he is an accredited person” there is substituted “ , that he is an accredited person or that he is an accredited inspector ”;
in paragraph (c), after “accredited person” there is inserted “ or as an accredited inspector ”.
In subsection (4), for “or accredited person” there is substituted “ , accredited person or accredited inspector ”.
In section 47 of that Act (interpretation of Chapter 1), in subsection (1) the following definitions are inserted at the appropriate places—;
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 ”.
Railways and Transport Safety Act 2003 (c. 20)
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.
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In section 50 of that Act (policing objectives set by British Transport Police Authority), for paragraphs (c) and (d) of subsection (3) there is substituted
In section 52 of that Act (railways policing plan), for subsection (7) there is substituted—
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—
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.
Anti-social Behaviour Act 2003 (c. 38)
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 ”.
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—
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 ”.
In subsection (3), for “in relation to a parenting order under section 26 as they apply” there is substituted.
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For subsection (4) there is substituted—
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) ”.
Criminal Justice Act 2003 (c. 44)
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—
Energy Act 2004 (c. 20)
In paragraph 1 of Schedule 12 to the Energy Act 2004 (determination of annual objectives for Civil Nuclear Constabulary), for sub-paragraph (3) there is substituted—
Public Audit (Wales) Act 2004 (c. 23)
After section 67 of the Public Audit (Wales) Act 2004 there is inserted—
Constitutional Reform Act 2005 (c. 4)
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 ”.
Serious Organised Crime and Police Act 2005 (c. 15)
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Repeals and revocations
Police reform
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),”.
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.
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.
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”.
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.
In section 97—subsection (1)(cc) and (cd); in subsections (6)(a) and (8), “(cc), (cd),”.
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).
In section 27—subsection (1)(c); in subsection (5)(b), “(c),”.
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.
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.
Section 6(4).
Section 15(3).
Section 30(3) and (4).
Sections 36A and 37.
Sections 41A and 41B.
Section 96B(3).
Schedules 3 and 3A.
Section 310(2).
Schedule 26.
In Schedule 27, paragraphs 70, 71, 72, 86, 105 and 106.
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.
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.
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.
Powers of police etc
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”.
Crime and anti-social behaviour
Section 97(7) to (12).
Section 98.
Section 13(4)(b).
Section 91.
Miscellaneous
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).
In Schedule 4, paragraph 7.
In Schedule 8, paragraphs 199(3), 200 and 347.