UKPGA-2009-26 Policing and Crime Act 2009 UK

In section 6(2) of the Police Act 1996 (c. 16) (matters to which police authorities must have regard in discharging their functions) after paragraph (a) insert—.

In section 54(2A) of that Act (inspection and report powers of inspectors of constabulary) after “with” insert “ the requirement to have regard to the views of people in its area about policing in that area and its compliance with ”.

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In section 54 (appointment and functions of inspectors of constabulary) omit subsection (3A) (delegation of Secretary of State's functions relating to approval of appointments, etc).

In Part 2 of Schedule 1A to the Race Relations Act 1976 (c. 74) (persons subject to general statutory duty) insert at the appropriate place—

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities) insert at the appropriate place—.

The Police Act 1996 is amended as follows.

In section 9F (Assistant Commissioners of Police of the Metropolis) for subsection (2) substitute—

In section 9FA (Deputy Assistant Commissioners of Police of the Metropolis) for subsection (2) substitute—

In section 9G (Commanders in the metropolitan police force) for subsection (2) substitute—

Section 93 of the Police Act 1997 (c. 50) (rules for grant of authorisations) is amended as follows.

In subsection (3) after “application made—” insert—.

In subsection (3)(a), for “subsection (5)(a)” substitute “ subsection (5)(d) ”.

After subsection (3) insert—

In subsection (6)—

Section 29 of the Regulation of Investigatory Powers Act 2000 (c. 23) (authorisation of covert human intelligence sources) is amended as follows.

In subsection (2) for paragraph (c) substitute—

After subsection (2) insert—

After subsection (4) insert—

After subsection (7) insert—

After subsection (9) insert—

Section 33 of the Regulation of Investigatory Powers Act 2000 (c. 23) (rules for grant of authorisations) is amended as follows.

In subsection (1), at the end insert “ (subject to subsections (1ZB) and (1ZE)) ”.

After subsection (1), insert—

In subsection (3), at the beginning insert “ “Subject to subsections (3ZB) and (3ZE),” ”.

After subsection (3) insert—

After subsection (5) insert—

After section 97 of the Police Act 1996 (c. 16) insert—

After section 11 of the Police Pensions Act 1976 (c. 35) insert—

In section 63(3) of the Police Act 1996 (consultation of Police Advisory Board for England and Wales)—

Section 53 of the Police Act 1996 (regulations as to standard of equipment) is amended as follows.

In subsection (1A)—

In subsection (1B) for “generally of the police forces maintained for police areas in England and Wales” substitute “ of one or more police forces ”.

In subsection (2C) before paragraph (a) insert—.

Section 53A of the Police Act 1996 (c. 16) (regulation of procedures and practices) is amended as follows.

In subsection (1) for “all police forces in England and Wales” substitute “ one or more police forces ”.

In subsection (7)(a) after “in order to” insert.

The Street Offences Act 1959 (c. 57) is amended as follows.

In subsection (1) of section 1 (loitering or soliciting for purposes of prostitution)—

In subsection (4) of that section after “section” insert.

Omit section 2 (application to court by person cautioned for loitering or soliciting).

In determining for the purposes of section 1 of the Street Offences Act 1959 (c. 57) (as amended by this section) whether a person's conduct is persistent, any conduct that takes place before the commencement of this section is to be disregarded.

The Street Offences Act 1959 is amended as follows.

In section 1 (loitering or soliciting for purposes of prostitution) after subsection (2) insert—

After section 1 insert—

At the end of the Act insert the Schedule set out in Schedule 1 to this Act.

The Rehabilitation of Offenders Act 1974 (c. 53) is amended as follows.

In section 5 (rehabilitation periods for particular sentences) after subsection (4C) insert—

In section 6 of that Act (the rehabilitation period applicable to a conviction) after subsection (3) insert—

Schedule 2 (which amends the Sexual Offences Act 2003 to make provision about closure orders for premises used for activities related to certain sexual offences) has effect.

For the purposes of sections 136B(3) and (4) and 136D(6) and (7) of the 2003 Act (as inserted by Schedule 2), it does not matter whether the offence or offences were committed before, or on or after, the date on which this section is commenced.

The Sexual Offences Act 2003 (c. 42) is amended as follows.

After section 132 insert—

In section 136 (modifications for Northern Ireland) after subsection (4) insert—

The amendments made by this section apply to a complaint made after the commencement of this section even if the matter of complaint arose more than 6 months before the making of the complaint.

In the following provisions of the Sexual Offences Act 2003 for “under 16”, wherever occurring, substitute “ under 18 ”

The amendments made by this section apply for the purposes of the making, variation, renewal or discharge of orders after the commencement of this section.

In section 117(1) of the Sexual Offences Act 2003 (foreign travel orders: effect) for “6 months” substitute “ 5 years ”.

The amendment made by this section applies in relation to orders made, varied or renewed after the commencement of this section.

The Sexual Offences Act 2003 is amended as follows.

After section 117 insert—

In section 122 (breach of foreign travel order) after subsection (1) insert—

The amendment made by subsection (2) applies in relation to orders made, varied or renewed after the commencement of this section.

Section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) (failure to comply with notice relating to encrypted information) is amended as follows.

In subsection (5A)(a) after “case” insert “ “or a child indecency case” ”.

After subsection (5B) insert—

The amendments made by this section apply in relation to cases in which the section 49 notice was given after the commencement of this section.

Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) (control of sex establishments) is amended as follows.

In paragraph 2 (meaning of “sex establishment”) after “means a” insert “ sexual entertainment venue, ”.

After paragraph 2 insert—

In paragraph 9(1) (duration of licence) after “paragraph 16” insert “ or 27A below ”.

In paragraph 12(3) (refusal of licences) for paragraph (c) substitute—.

In paragraph 13 (power to prescribe standard conditions)—

In paragraph 19 (fees in relation to applications) after “grant,” insert “ variation, ”.

After paragraph 25 (powers of constables and local authority officers) insert—

After paragraph 27(10) (appeals) insert—

After paragraph 27 (appeals) insert—

Schedule 3 (provisions which are transitional on this section) has effect.

Section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (c. 33) (confiscation of alcohol from young persons in a public place etc) is amended as follows.

In subsection (1) omit “and to state his name and address”.

After subsection (1) insert—

Subsection (1A) is omitted.

In subsection (3) after “subsection (1)” insert “ or (1AA) ”.

In subsection (4) after “that subsection” insert “ or (1AA) ”.

In subsection (6) omit “and (1A)”.

A person under the age of 18 is guilty of an offence if, without reasonable excuse, the person is in possession of alcohol in any relevant place on 3 or more occasions within a period of 12 consecutive months.

“Relevant place”, in relation to a person, means—

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

For the purposes of subsection (2) a place is a public place if at the material time the public or any section of the public has access to it, on payment or otherwise, as of right or by virtue of express or implied permission.

In subsection (2) “excluded premises”—

In this section “alcohol”—

References in this section to the 1996 Licensing Order are to the Licensing (Northern Ireland) Order 1996 (S. I. 1996/3158 (N. I. 22)).

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A court may grant an injunction under this section against a respondent aged 14 or over if the first and second conditions are met.

The first condition is that the court is satisfied on the balance of probabilities that the respondent has engaged in or has encouraged or assisted—

The second condition is that the court thinks it is necessary to grant the injunction for either or both of the following purposes—

An injunction under this section may (for either or both of those purposes)—

For the purposes of this section, something is “gang-related” if it occurs in the course of, or is otherwise related to, the activities of a group that—

In this section “violence” includes a threat of violence.

In this Part “drug-dealing activity” means—

In subsection (7)—

This section applies in relation to an injunction under section 34.

The prohibitions included in the injunction may, in particular, have the effect of prohibiting the respondent from—

The requirements included in the injunction may, in particular, have the effect of requiring the respondent to—

A requirement of the kind mentioned in subsection (3)(b) may not be such as to require the respondent to be at a particular place for more than 8 hours in any day.

The prohibitions and requirements included in the injunction must, so far as practicable, be such as to avoid—

Nothing in subsection (2) or (3) affects the generality of section 34(4).

In subsection (2) “place” includes an area.

This section applies in relation to an injunction under section 34.

The injunction may not include a prohibition or requirement that has effect after the end of the period of 2 years beginning with the day on which the injunction is granted (“the injunction date”).

The court may order the applicant and the respondent to attend one or more review hearings on a specified date or dates.

If any prohibition or requirement in the injunction is to have effect after the end of the period of 1 year beginning with the injunction date, the court must order the applicant and the respondent to attend a review hearing on a specified date within the last 4 weeks of the 1 year period (whether or not the court orders them to attend any other review hearings).

Where—the court must order the applicant and the respondent to attend a review hearing on a specified date within that period.

A review hearing is a hearing held for the purpose of considering whether the injunction should be varied or discharged.

The court may attach a power of arrest in relation to—

If the court attaches a power of arrest, it may specify that the power is to have effect for a shorter period than the prohibition or requirement to which it relates.

An application for an injunction under section 34 may be made by—

In this Part “local authority” means—

Before applying for an injunction under section 37, the applicant must comply with the consultation requirement.

The consultation requirement is that the applicant must consult—

If it appears to the applicant that the respondent resides in the area of two or more youth offending teams, the obligation in subsection (2)(aa) is to consult such of those teams as the applicant thinks appropriate.

An application under section 37 may be made without the respondent being given notice.

In this Part, such an application is referred to as an application without notice.

Section 38(1) does not apply in relation to an application without notice.

If an application without notice is made the court must either—

If the court acts under subsection (4)(b), the applicant must comply with the consultation requirement before the date of the first full hearing.

In this section “full hearing” means a hearing of which notice has been given to the applicant and respondent in accordance with rules of court.

This section applies if—

The court may grant an interim injunction if it thinks that it is just and convenient to do so.

An interim injunction under this section may include any provision which the court has power to include in an injunction granted under section 34 (including a power of arrest).

This section applies if—

The court may grant an interim injunction if it thinks that it is necessary to do so.

An interim injunction under this section may not have the effect of requiring the respondent to participate in particular activities.

Except as provided by subsection (3), an interim injunction under this section may include any provision which the court has power to include in an injunction granted under section 34 (including a power of arrest).

The court may vary or discharge an injunction under this Part if—

An application to vary or discharge the injunction may be made by—

The power to vary an injunction includes power to—

Section 36(4) does not apply where an injunction is varied to include a prohibition or requirement which is to have effect as mentioned in that provision but the variation is made within (or at any time after) the period of 4 weeks mentioned in it.

Where—the court must order the applicant and the respondent to attend a review hearing on a specified date within that period.

Before applying for the variation or discharge of an injunction, a person mentioned in subsection (2)(a) must notify the persons consulted under section 38(1) or 39(5).

If an application to vary or discharge an injunction under this Part is dismissed, no further application to vary or discharge it may be made by any person without the consent of the court.

This section applies if a power of arrest is attached to a provision of an injunction under this Part.

A constable may arrest without warrant a person whom the constable has reasonable cause to suspect to be in breach of the provision.

If a constable arrests a person under subsection (2), the constable must inform the person who applied for the injunction.

A person arrested under subsection (2) must be brought before a relevant judge within the period of 24 hours beginning with the time of the arrest.

If the matter is not disposed of when the person is brought before the judge, the judge may remand the person.

In calculating when the period of 24 hours mentioned in subsection (4) ends, Christmas Day, Good Friday and any Sunday are to be disregarded.

In this Part “relevant judge”, in relation to an injunction, means a judge of the court that granted the injunction, except that where—it means a judge of the county court.

This section applies in relation to an injunction under this Part.

If the person who applied for the injunction considers that the respondent is in breach of any of its provisions, the person may apply to a relevant judge for the issue of a warrant for the arrest of the respondent.

A relevant judge may not issue a warrant on an application under subsection (2) unless the judge has reasonable grounds for believing that the respondent is in breach of any provision of the injunction.

If a person is brought before a court by virtue of a warrant under subsection (3), but the matter is not disposed of, the court may remand the person.

This section applies in relation to a person who is brought before the relevant judge or the court under section 43 or 44.

If the relevant judge or the court has reason to consider that a medical report will be required, the judge or the court may remand the person under section 43(5) or (as the case may be) 44(4) for the purpose of enabling a medical examination to take place and a report to be made.

If the person is remanded in custody for that purpose, the adjournment may not be for more than 3 weeks at a time.

If the person is remanded on bail for that purpose, the adjournment may not be for more than 4 weeks at a time.

If the relevant judge or the court has reason to suspect that the person is suffering from a mental disorder within the meaning of the Mental Health Act 1983, the judge or the court has the same power to make an order under section 35 of that Act (remand for report on accused's medical condition) as the Crown Court has under that section in the case of an accused person (within the meaning of that section).

An appeal lies to the Crown Court against a decision of a youth court made under this Part.

On an appeal under this section the Crown Court may make—

An order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a youth court) is to be treated for the purposes of section 42 as an order of a youth court.

The Secretary of State must issue guidance relating to injunctions under this Part.

The Secretary of State may revise any guidance issued under subsection (1).

Before issuing or revising any guidance under this section the Secretary of State must consult the Lord Chief Justice of England and Wales and such other persons as the Secretary of State thinks appropriate.

The Secretary of State must lay any guidance issued or revised under this section before Parliament.

The Secretary of State must publish any guidance issued or revised under this section.

Each of the following must have regard to any guidance published under subsection (5)—

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Rules of court may provide that an appeal from a decision ... to which this subsection applies may be made without notice being given to the respondent.

Subsection (2) applies—

In relation to a respondent attaining the age of 18 after the commencement of proceedings under this Part, rules of court may—

In this Part—“application without notice” has the meaning given by section 39(2);“consultation requirement” has the meaning given by section 38(2);“court” (except in Schedule 5A)—(a) in the case of a respondent aged under 18, means a youth court, and(b) in any other case, means the High Court or the county court, but this is subject to any provision in rules of court that is or could be made under section 48(4);“drug-dealing activity” has the meaning given by section 34(7);“judge”, in relation to a youth court, means a person qualified to sit as a member of that court;“local authority” has the meaning given by section 37(2);“relevant judge” has the meaning given by section 43(7);“respondent” means the person in respect of whom an application for an injunction is made or (as the context requires) the person against whom such an injunction is granted;“review hearing” has the meaning given by section 36(5);“specify”, in relation to an injunction, means specify in the injunction;“violence” includes violence against property.

Any reference in this Part to an injunction under this Part includes a reference to an interim injunction.

The Secretary of State must—

The report must be published before the end of the period of 3 years beginning with the day on which this Part comes into force.

The Secretary of State must lay the report before Parliament.

The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

In section 55 (sums received by designated officer in England and Wales) for subsection (7) substitute—

In section 203 (sums received by chief clerk in Northern Ireland) for subsection (7) substitute—

The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

After section 41 insert—

After section 44 insert—

The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

After section 120 insert—

After section 122 insert—

The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

After section 190 insert—

After section 193 insert—

The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

After section 47 insert—

Omit section 45 (seizure).

In section 69 (powers of court and receiver)—

The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

After section 127 insert—

Omit section 126 (seizure).

In section 132 (powers of court and administrator)—

The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

After section 195 insert—

Omit section 194 (seizure).

In section 217 (powers of court and receiver)—

In section 459(orders and regulations)—

The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

After section 67 insert—

Accordingly, at the end of the cross-heading immediately above that section insert “ and personal property ”.

In section 55(3)(b) (payment of sums received by designated officer under section 54 or otherwise: insolvency practitioners' expenses) after “section 54(2)(a)” insert “ or 67D(2)(a) ”.

In section 55(4) (payment of sums received by designated officer under section 54)—

The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

After section 131 insert—

In section 131 (sums received by clerk of court)—

The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

After section 215 insert—

Accordingly, at the end of the cross-heading immediately above that section insert “ and personal property ”.

In section 203(3)(b) (payment of sums received by chief clerk under section 202 or otherwise: insolvency practitioners' expenses) after “section 202(2)(a)” insert “ or 215D(2)(a) ”.

In section 203(4) (payment of sums received by chief clerk under section 202)—

The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

In section 72 (serious default in England and Wales) in subsection (9)—

In section 139 (serious default in Scotland) after paragraph (c) of subsection (9) insert—.

Subsection (9) of section 220 (serious default in Northern Ireland) is amended as follows.

In paragraph (b), for “a member of the Director of Public Prosecutions for Northern Ireland” substitute “ a member of the Public Prosecution Service for Northern Ireland ”.

After paragraph (b) insert—.

After paragraph (e) insert—

In the following provisions for “twelve years” substitute “ 20 years ”

The amendments made by this section—

Section 289 of the Proceeds of Crime Act 2002 (c. 29) (searches) is amended as set out in subsections (2) to (4).

After subsection (1) insert—

In subsection (4) for the words from “exercising” to the end substitute

In subsection (5)(c) for the words from “premises” to the end substitute

In section 295(2)(a) of the Proceeds of Crime Act 2002 (c. 29) (period for which court may authorise further detention of seized cash) for “three months” substitute “ six months ”.

The amendment made by subsection (1) applies in relation to cash seized before or after the commencement of this section.

After section 297 of the Proceeds of Crime Act 2002 insert—

In section 298(1) of that Act (forfeiture by court order) after “section 295” insert “ , 297C or 297D ”.

In section 299(4) of that Act (appeal against forfeiture order: release of cash) for “order the release of the cash” substitute “ order the release of the whole or any part of the cash ”.

In section 297A(1) of that Act (inserted by subsection (1) above) the reference to an order includes an order made before the commencement of this section.

The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

In section 343 (judges)—

In section 344 (courts)—

In section 350 (government departments), in subsection (5)—

In section 351 (supplementary provisions in connection with production orders and orders to grant entry), in subsection (8) omit “or a detained cash investigation”.

In section 355 (further provisions: confiscation and money laundering), in subsection (1)(a) for “or a money laundering investigation” substitute “ , a money laundering investigation or a detained cash investigation ”.

In section 356 (further provisions: civil recovery and detained cash)—

Section 212 of the Extradition Act 2003 (c. 41) (the title to which becomes “Article 95 alerts”) is amended as follows.

For subsections (1) and (2) substitute—

In subsection (3) for “As applied by” substitute “ In consequence of ”.

The Extradition Act 2003 (c. 41) is amended as follows.

In section 22(3) (power to adjourn extradition hearing in Part 1 case) for “the sentence has been served” substitute “ the person is released from detention pursuant to the sentence (whether on licence or otherwise) ”.

In section 23 (person serving sentence in Part 1 case)—

In section 88(3) (power to adjourn extradition hearing in Part 2 case) for “the sentence has been served” substitute “ the person is released from detention pursuant to the sentence (whether on licence or otherwise) ”.

In section 89 (person serving sentence in Part 2 case)—

In section 97(3) (power to defer decision on extradition) for “the sentence has been served” substitute “ the person is released from detention pursuant to the sentence (whether on licence or otherwise) ”.

In section 98 (person serving sentence in Part 2 case: reference by judge)—

In section 102(3) (meaning of “appropriate day” where decision deferred) for the words from “until the person” to the end substitute “ , the appropriate day is the day on which the person is released from detention pursuant to the sentence (whether on licence or otherwise). ”

In section 197A (extradition of serving prisoner) after “a person who is” insert “ in custody ”.

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The Extradition Act 2003 (c. 41) is amended as follows.

Omit sections 143 (undertaking in relation to person serving sentence) and 144 (return to extraditing territory to serve sentence).

After section 153 insert—

In section 153(1)(b) (return of person acquitted or not tried) for the words from “from” to the end substitute “ from a territory; ”.

In section 197(2) (powers on escape from custody) after “Part 2” insert “ , or kept in custody by virtue of a power under Part 3, ”.

The Extradition Act 2003 (c. 41) is amended as follows.

In section 145(2) (sentence in territory executing Part 3 warrant) for “punishment for the offence must be treated as remitted” substitute “ sentence for the offence must be treated as served ”.

In section 152 (sentence in United Kingdom)—

The Extradition Act 2003 is amended as follows.

Omit section 151 (dealing with person for other offences: other category 2 territories).

Before section 152 insert—

Section 6 of the Extradition Act 2003 (c. 41) (requirements in relation to person subject to provisional arrest) is amended as follows.

For subsections (2) and (3) substitute—

After subsection (5) insert—

In subsection (6) after “subsection (2)” insert “ , (2A) or (3) ”.

After subsection (8) insert—

In section 7(1)(b) of the Extradition Act 2003 (c. 41) (application of provisions for verifying the identity of the person arrested) for “is arrested under section 5 and section 6(2)” substitute “ arrested under section 5 is brought before the appropriate judge under section 6 and section 6(2A) ”.

The Independent Barring Board is renamed the Independent Safeguarding Authority.

For the words in the left-hand column of the table, wherever they appear in the enactments mentioned in subsection (3), substitute the corresponding words in the right-hand column of the table.

The enactments are—

In the following enactments for “the Board” substitute “ the Authority ”

Any reference (other than those dealt with by subsections (2) to (4) above) to the Independent Barring Board in any enactment or other document passed or made before the commencement of this section is to be read as a reference to the Independent Safeguarding Authority.

Any reference to the Independent Safeguarding Authority which arises by virtue of this section is to be read, in relation to times before the commencement of this section, as a reference to the Independent Barring Board.

In this section—“enactment” includes an Act of the Scottish Parliament, Northern Ireland legislation and an enactment comprised in subordinate legislation,“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30)) and also includes an instrument made under—an Act of the Scottish Parliament, or Northern Ireland legislation.

Section 120A of the Police Act 1997 (refusal and cancellation of registration), as inserted by section 134 of the Criminal Justice and Police Act 2001 (c. 16), is amended as follows.

In subsection (3) (matters to which Secretary of State may have regard in considering suitability of persons likely to have access to information) for paragraph (b) substitute—.

After subsection (3) insert—

After subsection (6) insert—

Before section 126 of the Police Act 1997 (c. 50) insert—

In the following provisions of that Act omit “in the prescribed manner and form”—section 112(1)(a) (criminal conviction certificates), section 113A(1)(a) (criminal record certificates), section 113B(1)(a) (enhanced criminal record certificates).

In the following provisions of that Act omit “in the prescribed form”—section 114(1)(a) (criminal record certificates: Crown employment), section 116(1)(a) (enhanced criminal record certificates: judicial appointments and Crown employment).

After section 157 of the Customs and Excise Management Act 1979 (c. 2) (general powers: bonds and security) insert—

In section 4(3) of the Finance (No. 2) Act 1992 (c. 48) (non-application of enforcement powers in the Act of 1979 to certain movements between member States), after paragraph (g), insert—.

After section 164 of the Customs and Excise Management Act 1979 (c. 2) (general powers etc: powers to search persons) insert—

In section 4(2) of the Finance (No. 2) Act 1992 (c. 48) (cases where enforcement powers exercisable)—

In section 4(5) of that Act (interpretation)—

After section 105(5) of the Postal Services Act 2000 (c. 26) (application of customs and excise enactments to certain postal packets) insert—

The importation or exportation of any identity document to which this section applies is prohibited.

This section applies to—

In this section—“document” includes an article, or a combination of a document and an article, in or on which information is or may be recorded,“false”, in relation to an identity document, has the same meaning as it has in section 9(1) of the Forgery and Counterfeiting Act 1981 (c. 45) in relation to an instrument,“identity document” means any document which may be used (whether by itself or otherwise and with or without modifications) to establish, or provide evidence of, a person's identity or address.

After section 141ZA of the Criminal Justice Act 1988 (c. 33) insert—

Subsection (3) applies where in any proceedings—

For the purpose of determining the guilt of the defendant it is to be conclusively presumed that the conduct took place after the commencement of this section.

A reference in subsection (2) to an offence includes a reference to—

In the provisions of the Football Spectators Act 1989 (c. 37) listed in subsection (2) for “England and Wales” (in each place) substitute “ the United Kingdom ”.

The provisions are—

In section 19(2B)(b) of that Act omit “if the match is outside the United Kingdom”.

The police station specified under any of the provisions listed in subsection (2) may be in England, Wales, Scotland or Northern Ireland.

The provisions are—

In section 14E(2) of the Football Spectators Act 1989 (c. 37) omit “in England and Wales”.

In section 53(2)(a) of the Police, Public Order and Criminal Justice (Scotland) Act 2006 omit “in Scotland”.

In section 66(1) of that Act for “Scotland” substitute “ the United Kingdom ”.

The following provisions of the Football Spectators Act 1989 extend to Scotland and Northern Ireland—

But in Scotland it is a defence where a person is charged with an offence by virtue of subsection (1)(a) to prove that the person had a reasonable excuse for failing to comply with the requirement in question.

A person guilty of an offence by virtue of subsection (1)(a) is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

A person guilty of an offence by virtue of subsection (1)(b) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

A person guilty of an offence by virtue of subsection (1)(c) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

The following provisions of the Police, Public Order and Criminal Justice (Scotland) Act 2006 extend to England and Wales and Northern Ireland—

A person guilty of an offence under section 68(1)(a) or (c) of that Act by virtue of subsection (1)(a) is liable on summary conviction—But in relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) the reference in paragraph (a) to 51 weeks is to be read as a reference to 6 months.

A person guilty of an offence under section 68(1)(b) of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) by virtue of subsection (1)(a) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

A person guilty of an offence by virtue of subsection (1)(b) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Omit articles 1(5) and 5 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098).

The Crime and Disorder Act 1998 (c. 37) is amended as follows.

In section 5 (authorities responsible for strategies) after subsection (1)(a) insert—.

In that section, in subsection (1B)(b), after “substances” insert “ or of reducing re-offending ”.

In section 6 (duty to formulate and implement strategy) at the end of subsection (1)(b) insert.

In that section, in subsection (9)(c), after “disorder” insert “ or re-offending ”.

In section 17(1) (duty to consider crime and disorder implications etc) at the end insert.

Section 23 of the Misuse of Drugs Act 1971 (c. 38) (powers to search and obtain evidence) is amended as follows.

In subsection (3) omit “acting for the police area in which the premises are situated”.

Omit subsection (5).

Schedule 7 (which contains minor and consequential amendments and repeals and revocations of provisions which are superseded or no longer required or which have not been brought into force) has effect.

The provisions listed in Schedule 8 are repealed or revoked to the extent specified.

The Secretary of State may by order make such supplementary, incidental or consequential provision as the Secretary of State considers appropriate for the general purposes, or any particular purpose, of this Act or in consequence of any provision made by or under this Act or for giving full effect to this Act or any such provision.

The power conferred by subsection (3)—

The power conferred by this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (including this Act and any Act passed in the same Session as this Act).

An instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Subsection (6) does not apply to an instrument containing an order under this section if the order does not amend or repeal a provision of a public general Act.

An instrument containing an order under this section to which subsection (6) does not apply is subject to annulment in pursuance of a resolution of either House of Parliament.

For the purposes of subsection (7), an amendment or repeal is not an amendment or repeal of a provision of a public general Act if it is an amendment or repeal of a provision which has been inserted (whether by substitution or otherwise) into such an Act by a local Act or by any other Act which is not a public general Act.

In relation to the making of provision that could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998), in sections 112(3) and 113 references to the Secretary of State are to be read as references to the Department of Justice in Northern Ireland.

The power of the Department of Justice to make an order under section 112 or 113 is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not by statutory instrument).

Section 112(6) to (8) does not apply in relation to the power of the Department of Justice to make an order under section 112.

The Department of Justice may not make an order under section 112 unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

Subsection (4) does not apply to an order if the order does not amend or repeal a provision of a public general Act.

An order made by the Department of Justice under section 112 to which subsection (4) does not apply is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

Section 112(9) applies for the purposes of subsection (5) as it applies for the purposes of section 112(7).

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (4) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

An amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked subject to—

The following provisions extend to England and Wales and Northern Ireland only—

The following provisions extend to England and Wales only—

Section 102 extends to England and Wales, Scotland and Northern Ireland.

Section 104(1) and (2) (so far as relating to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)) extends to Scotland only.

Subsections (1) and (3) to (5) of section 105 extend to Scotland and Northern Ireland and subsection (2) of that section extends to Scotland only.

Subject as follows, this Act comes into force on such day as the Secretary of State may by order appoint.

Subject to subsection (2A), the power to make provision by order under subsection (1) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).

Before making an order under subsection (1) relating to section 104 or 105, the Secretary of State (but not the Department of Justice) must obtain the consent of the Scottish Ministers.

The power to make an order under subsection (1) relating to section 57 is exercisable by the Secretary of State only with the consent of the Department of Justice in Northern Ireland.

The following provisions come into force on such day as the Treasury may by order appoint—

Section 27, Schedule 3 and paragraph 23 of Schedule 7 come into force—

The following provisions come into force on the day on which this Act is passed—

The following provisions come into force at the end of the period of 2 months beginning with the day on which this Act is passed—

Any power to make an order under this section—

The power of the Department of Justice in Northern Ireland to make an order under subsection (1) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

Sub-paragraph (2) applies if a local authority has, before the coming into force of section 27, resolved under section 2 of the 1982 Act that Schedule 3 to that Act is to apply to the area of the local authority.

The amendments made by section 27 do not apply to the area of the local authority concerned and the resolution concerned does not apply to the Schedule as amended by section 27 but the local authority may resolve that the Schedule as amended by section 27 is to apply to their area.

Section 2 of the 1982 Act has effect in relation to a resolution under sub-paragraph (2) that Schedule 3 to that Act as amended by section 27 is to apply to the area of a local authority as section 2 of that Act has effect in relation to any resolution under that section that the Schedule is to apply to the area of a local authority.

The definition of “the appropriate authority” in paragraph 5 of Schedule 3 to the 1982 Act has effect as if the reference to a resolution under section 2 of that Act included a reference to a resolution under sub-paragraph (2).

The relevant national authority may by order make such transitional, transitory or saving provision as the relevant national authority considers appropriate in connection with the coming into force, in consequence of a resolution of a local authority under section 2 of the 1982 Act or paragraph 2(2) above, of Schedule 3 to that Act as amended by section 27.

An order under this paragraph may, in particular, make different provision from that made by paragraphs 28 and 29 of Schedule 3 to that Act (and may accordingly provide for those paragraphs not to apply).

The power of the relevant national authority under this paragraph—

Sub-paragraph (2) applies if a local authority has not made a resolution under section 2 of the 1982 Act or (as the case may be) paragraph 2(2) above within the period of one year beginning with the coming into force of section 27.

The local authority must, as soon as reasonably practicable, consult local people about whether the local authority should make such a resolution.

In sub-paragraph (2) “local people” means persons who live or work in the area of the local authority.

The provisions of this Schedule apply where the court has power to remand a person under section 43(5) or 44(4).

In this Schedule, “the court” means the High Court, the county court or a youth court and includes—

The court may—

The court may remand the person on bail—

Where a person is brought before the court after remand, the court may further remand the person.

Where a person is remanded on bail, the court may direct that the person's recognizance be conditioned for the person's appearance—

Where a recognizance is conditioned for a person's appearance as mentioned in sub-paragraph (1)(b), the fixing of any time for the person next to appear is to be treated as a remand.

Nothing in this paragraph affects the power of the court at any subsequent hearing to remand the person afresh.

The court may not remand a person for a period exceeding 8 clear days unless—

Where the court has power to remand a person in custody it may, if the remand is for a period not exceeding 3 clear days, commit the person to the custody of a constable.

If the court is satisfied that a person who has been remanded is unable by reason of illness or accident to appear or be brought before the court at the expiration of the period of remand, the court may, in the absence of the person, further remand the person.

The power mentioned in sub-paragraph (1) may, in the case of a person who was remanded on bail, be exercised by enlarging the person's recognizance and those of any sureties for the person to a later time.

Where a person remanded on bail is bound to appear before the court at any time and the court has no power to remand the person under sub-paragraph (1), the court may (in the person's absence) enlarge the person's recognizance and those of any sureties for the person to a later time.

The enlargement of the person's recognizance is to be treated as a further remand.

Paragraph 4(1) (limit of remand) does not apply to the exercise of the powers conferred by this paragraph.

Where—

Those orders are—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Before making an application under paragraph 1(1)(b) the injunction applicant must consult—

In considering whether and how to exercise its powers under this paragraph, the court must consider a report made to assist the court in that respect by the youth offending team referred to in sub-paragraph (4)(a).

An order under sub-paragraph (1) may not be made in respect of a person aged 18 or over.

The court may not make a detention order under sub-paragraph (1) unless it is satisfied, in view of the severity or extent of the breach, that no other power available to the court is appropriate.

Where the court makes a detention order under sub-paragraph (1) it must state in open court why it is satisfied as specified in sub-paragraph (7).

In this Schedule—“defaulter”, in relation to an order under this Schedule, means the person in respect of whom the order is made;“injunction applicant”, in relation to an injunction under Part 4 or an order under this Schedule made in respect of such an injunction, means the person who applied for the injunction;...

A supervision order is an order imposing on the defaulter one or more of the following requirements—

Before making a supervision order the court must obtain and consider information about the defaulter's family circumstances and the likely effect of such an order on those circumstances.

Before making a supervision order imposing two or more requirements, the court must consider their mutual compatibility.

The court must ensure, as far as practicable, that any requirement imposed by a supervision order is such as to avoid—

A supervision order must for the purposes of this Schedule specify a maximum period for the operation of any requirement contained in the order.

The period specified under sub-paragraph (5) may not exceed six months beginning with the day after that on which the supervision order is made.

A supervision order must for the purposes of this Schedule specify a youth offending team established under section 39 of the Crime and Disorder Act 1998.

The youth offending team specified under sub-paragraph (7) is to be—

In this Schedule, “supervision requirement”, in relation to a supervision order, means a requirement that the defaulter attend appointments with—at such times and places as may be instructed by the responsible officer.

The appointments must be within the period for the time being specified in the order under paragraph 2(5).

In this Schedule, “activity requirement”, in relation to a supervision order, means a requirement that the defaulter do any or all of the following within the period for the time being specified in the order under paragraph 2(5)—

The number of days specified in a supervision order in relation to an activity requirement must not, in aggregate, be less than 12 or more than 24.

A requirement referred to in sub-paragraph (1)(a) or (b) operates to require the defaulter, in accordance with instructions given by the responsible officer, on the number of days specified in the order in relation to the requirement—and, on each such day, to comply with instructions given by, or under the authority of, the person in charge of the place or the activity (as the case may be).

Where the order includes a requirement referred to in sub-paragraph (1)(c) to participate in a residential exercise, it must specify, in relation to the residential exercise—

A requirement under sub-paragraph (1)(c) to participate in a residential exercise operates to require the defaulter, in accordance with instructions given by the responsible officer—and, during that period, to comply with instructions given by, or under the authority of, the person in charge of the place or the activity (as the case may be).

Subject to sub-paragraph (8), instructions under sub-paragraph (1)(d) relating to any day must require the defaulter to do either of the following—

Any such instructions operate to require the defaulter, on that day or while participating in that activity, to comply with instructions given by, or under the authority of, the person in charge of the place or, as the case may be, the activity.

If the supervision order so provides, instructions under sub-paragraph (1)(d) may require the defaulter to participate in a residential exercise for a period comprising not more than seven days, and, for that purpose—

Instructions such as are mentioned in sub-paragraph (8)—

Instructions given by, or under the authority of, a person in charge of a place under sub-paragraph (3), (5), (7) or (9)(b) may require the defaulter to engage in activities otherwise than at that place.

Where a supervision order contains an activity requirement, a youth court may on the application of the injunction applicant or the defaulter amend the order by substituting for any number of days, place, activity, period or description of persons specified in the order a new number of days, place, activity, period or description (subject, in the case of a number of days, to sub-paragraph (2)).

A court may only include an activity requirement in a supervision order or vary such a requirement under sub-paragraph (11) if—

For the purposes of sub-paragraph (9) “guardian” has the same meaning as in the Children and Young Persons Act 1933 (subject to sub-paragraph (14)).

If a local authority has parental responsibility for a defaulter who is in its care or provided with accommodation by it in the exercise of any social services functions, the reference to “guardian” in sub-paragraph (9) is to be read as a reference to that authority.

In sub-paragraph (14)—

In this Schedule, “curfew requirement”, in relation to a supervision order, means a requirement that the defaulter remain, for periods specified in the order, at a place so specified.

A supervision order imposing a curfew requirement may specify different places or different periods for different days.

The periods specified under sub-paragraph (1)—

Before specifying a place under sub-paragraph (1) in a supervision order, the court making the order must obtain and consider information about the place proposed to be specified in the order (including information as to the attitude of persons likely to be affected by the enforced presence there of the defaulter).

Where a supervision order contains a curfew requirement, a youth court may, on the application of the injunction applicant or the defaulter amend the order by—

A supervision order containing a curfew requirement may also contain a requirement (an “electronic monitoring requirement”) for securing the electronic monitoring of compliance with the curfew requirement during a period—

In a case referred to in sub-paragraph (1)(b), the responsible officer must, before the beginning of the period when the electronic monitoring requirement is to take effect, notify—of the time when that period is to begin.

Where—the requirement may not be included in the order without that person's consent.

A supervision order imposing an electronic monitoring requirement must include provision for making a person responsible for the monitoring.

The person who is made responsible for the monitoring must be of a description specified in an order under paragraph 26(5) of Schedule 1 to the Criminal Justice and Immigration Act 2008.

An electronic monitoring requirement may not be included in a supervision order unless the court making the order—

Where a supervision order contains an electronic monitoring requirement, a youth court may, on the application of the injunction applicant or the defaulter, amend the order by substituting a new period for the period specified in the order under this paragraph.

Sub-paragraph (3) applies in relation to the variation of an electronic monitoring requirement under sub-paragraph (7) as it applies in relation to the inclusion of such a requirement.

For the purposes of this Part of this Schedule, the “responsible officer”, in relation to a supervision order, means—

Where a supervision order has been made, it is the duty of the responsible officer—

In giving instructions in pursuance of a supervision order, the responsible officer must ensure, so far as practicable, that any instruction is such as to avoid the matters referred to in paragraph 2(4).

A defaulter in respect of whom a supervision order is made must—

The obligations imposed by sub-paragraph (4) have effect as a requirement of the supervision order.

A youth court may, on the application of the injunction applicant or the defaulter, amend a supervision order by substituting a new period for that for the time being specified in the order under paragraph 2(5) (subject to paragraph 2(6)).

A youth court may, on amending a supervision order pursuant to sub-paragraph (1), make such other amendments to the order in relation to any requirement imposed by the order as the court considers appropriate.

This paragraph applies where, on an application made by the injunction applicant or the defaulter in relation to a supervision order, a youth court is satisfied that the defaulter proposes to reside, or is residing, in the area of a youth offending team other than the team for the time being specified in the order.

If the application is made by the defaulter, the court to which it is made may amend the order by substituting for the youth offending team specified in the order the youth offending team for the area referred to in sub-paragraph (1) (or, if there is more than one such team for that area, such of those teams as the court may determine).

If the application is made by the injunction applicant, the court to which it is made must, subject as follows, so amend the order.

Where a court amends the supervision order pursuant to sub-paragraph (2) or (3) but the order contains a requirement which, in the opinion of the court, cannot reasonably be complied with if the defaulter resides in the area referred to in sub-paragraph (1), the court must also amend the order by—

Sub-paragraph (3) does not require a court to amend the supervision order if in its opinion sub-paragraph (4) would produce an inappropriate result.

The injunction applicant must consult the youth offending team for the time being specified in the order before making an application under sub-paragraph (1).

Where a supervision order is made, the injunction applicant or the defaulter may apply to a youth court—

If it appears to the court to which an application under sub-paragraph (1)(a) or (b) is made to be in the interests of justice to do so, having regard to circumstances which have arisen since the supervision order was made, the court may grant the application and revoke or amend the order accordingly.

The circumstances referred to in sub-paragraph (2) include the conduct of the defaulter.

If an application made under sub-paragraph (1) in relation to a supervision order is dismissed, no further such application may be made in relation to the order by any person without the consent of a youth court.

The injunction applicant must consult the youth offending team for the time being specified in the order before making an application under sub-paragraph (1).

If the responsible officer considers that the defaulter has failed to comply with any requirement of the supervision order, the responsible officer must inform the injunction applicant.

On being informed as specified in sub-paragraph (1) the injunction applicant may apply to a youth court.

Before making an application under sub-paragraph (2) the injunction applicant must consult—

If on an application under sub-paragraph (2) the court to which it is made is satisfied beyond reasonable doubt that the defaulter has without reasonable excuse failed to comply with any requirement of the supervision order, the court may—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The court to which an application under sub-paragraph (2) is made must consider representations made by the youth offending team for the time being specified in the order before exercising its powers under this paragraph.

The court by which a supervision order is made must forthwith provide a copy of the order to—

Where a supervision order is made, the injunction applicant must forthwith provide a copy of so much of the order as is relevant—

The court by which a supervision order is revoked or amended must forthwith provide a copy of the revoking order, or of the order as amended, to—

Where—the injunction applicant must forthwith give a copy of the revoking order, or of so much of the order as amended as is relevant, to that person.

A detention order is an order that the defaulter be detained for a period specified in the order in such youth detention accommodation as the Secretary of State may determine.

The period specified under sub-paragraph (1) may not exceed the period of three months beginning with the day after that on which the order is made.

In sub-paragraph (1) “youth detention accommodation” means—

The function of the Secretary of State under sub-paragraph (1) is exercisable concurrently with the Youth Justice Board.

A person detained under a detention order is in legal custody.

Where a detention order is made, the injunction applicant or the defaulter may apply to a youth court to revoke it.

If it appears to the court to which an application under sub-paragraph (1) is made to be in the interests of justice to do so, having regard to circumstances which have arisen since the detention order was made, the court may grant the application and revoke the order accordingly.

The circumstances referred to in sub-paragraph (2) include the conduct of the defaulter.

If an application made under sub-paragraph (1) in relation to a detention order is dismissed, no further such application may be made in relation to the order by any person without the consent of a youth court.

Before making an application under sub-paragraph (1) the injunction applicant must consult—

Section 26 (exercise of police functions) is amended as follows.

In the heading for “at designated airports” substitute “ at relevant aerodromes ”.

In subsection (1) for “a designated airport” substitute “ a relevant aerodrome ”.

In subsection (2A) —

In subsection (2C) for “an aerodrome which is a designated airport” substitute “ a relevant aerodrome ”.

After subsection (2C) insert—

For subsection (2E) substitute—

Section 27 (prevention of theft) is amended as follows.

In the heading for “at designated airports” substitute “ at relevant aerodromes ”.

In subsection (2)(a) for “an aerodrome which is a designated airport” substitute “ a relevant aerodrome ”.

Section 28 (byelaws) is amended as follows.

In the heading for “designated airports” substitute “ relevant aerodromes ”.

In subsection (1) for “a designated airport” substitute “ a relevant aerodrome ”.

In subsection (2) for “any aerodrome which is a designated airport” substitute “ any relevant aerodrome ”.

Section 29 (control of road traffic) is amended as follows.

In the heading for “at designated airports” substitute “ at relevant aerodromes ”.

In subsection (1) for “a designated airport” substitute “ a relevant aerodrome ”.

In subsection (2) for “a designated airport” substitute “ a relevant aerodrome ”.

Section 31 (interpretation etc.) is amended as follows.

In subsection (1)—

After subsection (1) insert—

For subsection (2) substitute—

In subsection (3)(a) for “the references in section 25(1) of this Act and” substitute “ the reference in ”.

This paragraph applies in relation to an aerodrome if, immediately before commencement, the aerodrome was a designated airport.

In relation to any time before a police services agreement is required to be in force in relation to the aerodrome by virtue of the amendments made by paragraph 5 of this Schedule, section 25B(2) to (6) and (8) to (10) of the 1982 Act (as it had effect immediately before commencement) continues to apply in relation to the aerodrome as if it continued to be a designated airport.

For the purposes of any police services agreement which is required to be in force by virtue of sub-paragraph (2), other than one which was entered into before commencement, section 25A of the 1982 Act (as it had effect immediately before commencement) continues to apply in relation to the aerodrome as if it continued to be a designated airport.

In the following provisions of this paragraph, a police services agreement which is required to be in force in relation to an aerodrome by virtue of sub-paragraph (2) is referred to as a designated airport police services agreement.

A designated airport police services agreement ceases to be in force immediately before a police services agreement is required to be in force in relation to the aerodrome by virtue of the amendments made by paragraph 5 of this Schedule (unless the designated airport police services agreement has previously ceased to be in force).

Except as provided by sub-paragraph (5), nothing in Part 1 of this Schedule affects the operation of a designated airport police services agreement or the application of the following provisions of the 1982 Act in relation to such an agreement—

So far as is necessary for the purposes of this paragraph, section 31 of the 1982 Act (as it had effect immediately before commencement) continues to have effect.

In this paragraph—

The repeal of section 30 of the 1982 Act by paragraph 11 of this Schedule does not affect—

In relation to any time on or after commencement, any reference in a provision of a section 30 order to a designated airport is (if that provision is capable of having continuing effect) to be read as a reference to a relevant aerodrome.

In this paragraph “commencement” and “the 1982 Act” have the same meanings as in paragraph 14.

Section 32 of the Children and Young Persons Act 1969 (detention of absentees) is amended as follows.

In subsection (1A)—

In subsection (1C)—

In subsection (2A) for “(1A)(a) or (b)(i) or (ii)” substitute “ (1A)(a), (aa) or (b)(i), (ii) or (iia) ”.

The amendments made by this paragraph extend to England and Wales, Scotland and Northern Ireland only.

Schedule 5 to that Act (other offences in respect of which power to make sexual offences prevention order applies) is amended as follows.

After paragraph 60 insert—

After paragraph 106 insert—

After paragraph 168 insert—

In the Police (Northern Ireland) Act 2003 (c. 6), paragraph 6 of Schedule 2A is amended as follows.

In sub-paragraph (1)—

In sub-paragraph (2) for “section 1(1)” substitute “ section 1(1AA) ”.

Section 57 (duty to keep and produce licence) is amended as follows.

In the heading after “licence” insert “ etc. ”.

In subsection (2) for “is” substitute “ and a list of any relevant mandatory conditions applicable to the licence are ”.

In subsection (5)—

In subsection (7) after “of a premises licence” insert “ or a list of relevant mandatory conditions ”.

After subsection (10) insert—

Section 94 (duty to keep and produce certificate) is amended as follows.

In the heading after “certificate” insert “ etc. ”.

In subsection (2) for “is” substitute “ and a list of any relevant mandatory conditions applicable to the certificate are ”.

In subsection (7) after “copy)” insert “ or any list of relevant mandatory conditions ”.

In subsection (9) after “of a club premises certificate” insert “ or a list of relevant mandatory conditions ”.

After subsection (12) insert—

Section 197 (regulations and orders) is amended as follows.

After subsection (3)(a) (exceptions to negative procedure) insert—.

In subsection (4) (affirmative procedure for orders) for “subsection (3)(b)” substitute “ subsection (3)(aa), (b), ”.

Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (proceedings for which legal aid may be given under Article 9) is amended as follows.

In paragraph 2A(1) (certain proceedings in Crown Court) after paragraph (c) insert—.

In paragraph 3 (proceedings in a court of summary jurisdiction)—

Section 306A (property subject to restraint order) is amended as follows.

In subsection (1)—

For subsection (2) substitute—

Section 306C (property subject to certain orders where confiscation order discharged or quashed) is amended as follows.

In subsection (1)(a) for the words from “in respect” to “force” substitute “excluded from bankrupt's estate”.

For subsection (2) substitute—

Article 279A (property subject to restraint order) is amended as follows.

In paragraph (1)—

For paragraph (2) substitute—

Article 279C (property subject to certain orders where confiscation order discharged or quashed) is amended as follows.

In paragraph (1)(a) for the words from “in respect” to “force” substitute “excluded from the bankrupt's estate”.

For paragraph (2) substitute—

Section 418 (restriction of powers where person adjudged bankrupt in England and Wales) is amended as follows.

In subsection (2)—

In subsection (3) after paragraph (e) insert—

Section 419 (tainted gifts by person adjudged bankrupt in England and Wales) is amended as follows.

In subsection (2)—

In subsection (3) for “subsection (2)(a) or (b)” substitute “subsection (2)(a), (b) or (c)”.

Section 421 (restriction of powers where award of sequestration) is amended as follows.

In subsection (2)—

In subsection (3) after paragraph (e) insert—

Section 422 (tainted gifts by person whose estate is sequestrated in Scotland) is amended as follows.

In subsection (2)—

In subsection (3) for “subsection (2)(a) or (b)” substitute “subsection (2)(a), (b) or (c)”.

Section 424 (restriction of powers where person adjudged bankrupt in Northern Ireland) is amended as follows.

In subsection (2)—

In subsection (3) after paragraph (e) insert—

Section 425 (tainted gifts by person who is adjudged bankrupt in Northern Ireland) is amended as follows.

In subsection (2)—

In subsection (3) for “subsection (2)(a) or (b)” substitute “subsection (2)(a), (b) or (c)”.

Section 426 (winding up under the Insolvency Act 1986) is amended as follows.

For subsection (2) substitute—

In subsection (5)—

Section 427 (tainted gifts by company: winding up in England and Wales or Scotland) is amended as follows.

In subsection (3)—

In subsection (4) for “subsection (3)(a) or (b)” substitute “subsection (3)(a), (b) or (c)”.

Section 428 (winding up under the Insolvency (Northern Ireland) Order 1989) is amended as follows.

For subsection (2) substitute—

In subsection (5)—

Section 429 (tainted gifts by company: winding up in Northern Ireland) is amended as follows.

In subsection (3)—

In subsection (4) for “subsection (3)(a) or (b)” substitute “subsection (3)(a), (b) or (c)”.

Section 430 (restriction of powers where company holds property subject to floating charge) is amended as follows.

For subsection (2) substitute—

In subsection (5)—

Section 432 (insolvency practitioners) is amended as follows.

After subsection (6) insert—

For subsection (7) substitute—

Section 459 (orders and regulations) is amended as follows.

In subsection (4)(a) (orders not subject to negative procedure: Secretary of State etc.)—

In subsection (6)(a) (orders subject to affirmative procedure: Secretary of State etc.)—

Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (civil legal services: excluded services) is amended as follows.

In paragraph 2(d) (proceedings in a court of summary jurisdiction in which representation may be funded)—

In paragraph 3 (certain Crown Court proceedings in which representation may be funded) after paragraph (c) insert—.

Section 82 (definition of “free property”) is amended as follows.

At the beginning insert—

The existing text becomes subsection (2).

In that subsection for “Property is free unless” substitute “ Property falls within this subsection if ”.

At the end insert—

Section 148 (definition of “free property”) is amended as follows.

At the beginning insert—

The existing text becomes subsection (2).

In that subsection for “Property is free unless” substitute “ Property falls within this subsection if ”.

At the end insert—

Section 230 (definition of “free property”) is amended as follows.

At the beginning insert—

The existing text becomes subsection (2).

In that subsection for “Property is free unless” substitute “ Property falls within this subsection if ”.

At the end insert—

Section 301 (victims and other owners: application for release of cash) is amended as follows.

In subsection (4)(c) for the words from “the conditions” to “that section” substitute “ the release condition is met ”.

After subsection (4) insert—

Section 302 (compensation) is amended as follows.

For subsection (1) substitute—

After subsection (7B) insert—

Section 141 of Criminal Justice Act 1988 (c. 33) (offensive weapons) is amended as follows.

Omit subsection (4) (prohibition on importation).

In subsections (5) and (8) omit—

In subsection (11A), as inserted by the Violent Crime Reduction Act 2006 (c. 38), omit—

In subsection (11A), as inserted by the Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17), omit “Subject to subsection (11C),”.

In subsection (11D), as inserted by the Violent Crime Reduction Act 2006—

Omit subsections (11C) to (11E) as inserted by the Custodial Sentences and Weapons (Scotland) Act 2007.

The Misuse of Drugs Act 1971 (c. 38) is amended as follows.

In section 5 (restriction of possession of controlled drugs) omit subsections (4A) to (4C).

In section 31 (general provisions as to regulations)—

In section 38 (special provisions as to Northern Ireland) omit subsection (1A).

The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

In section 30CA (bail under section 30A: variation of conditions by police), in subsection (5) omit the following—

In section 36 (custody officers at police stations)—

In section 39 (responsibilities in relation to persons detained)—

In section 55 (intimate searches), in the definition of “appropriate officer” in subsection (17), omit paragraph (c) and the “or” immediately before it.

The Police and Criminal Evidence (Northern Ireland) Order 1989 (S. I. 1989/1341 (N. I. 12)) is amended as follows.

In Article 37 (custody officers at police stations)—

In Article 40 (responsibilities in relation to persons detained)—

The Police Reform Act 2002 (c. 30) is amended as follows.

In section 38 (police powers for police authority employees) omit the following—

In Schedule 4 (powers exercisable by police civilians)—

The Police (Northern Ireland) Act 2003 (c. 6) is amended as follows.

In section 30 (police powers for designated police support staff), omit the following—

In Schedule 2 (powers exercisable by designated persons) omit Part 3A.

The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

In section 61 (fingerprinting in England and Wales) omit subsection (8A).

In section 63 (non-intimate samples in England and Wales) omit subsection (9A) (inserted by the Criminal Justice and Police Act 2001 (c. 16)).

The Police and Criminal Evidence (Northern Ireland) Order 1989 (S. I. 1989/1341 (N. I. 12)) is amended as follows.

In Article 61 (fingerprinting in Northern Ireland) omit paragraph (8B).

In Article 63 (non-intimate samples in Northern Ireland) omit paragraph (10A).

The Crime and Disorder Act 1998 (c. 37) is amended as follows.

Omit sections 14 and 15 (which make provision for local child curfew schemes and for the enforcement of curfew notices).

In section 16 (removal of truants to designated premises), in subsection (5), in the definition of “public place”, for “section 14 above” substitute “ Part 2 of the Public Order Act 1986 ”.