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Police and Justice Act 2006

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SCHEDULES

Section 1

F1SCHEDULE 1E+W+S+N.I.National Policing Improvement Agency

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

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Amendments (Textual)

Section 2

SCHEDULE 2E+WAmendments to the Police Act 1996

Membership etc of police authoritiesE+W

1In section 4 (membership of police authorities outside Greater London), in subsection (4), for “Schedules 2 and 3” there is substituted “ Schedule 2 ”.E+W

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Commencement Information

I1Sch. 2 para. 1 in force at 15.1.2007 by S.I. 2006/3364, art. 2(b) (with art. 3) (as amended (6.3.2008) by S.I. 2008/627, art. 2)

2For Schedule 2 there is substituted—E+W

Section 4

SCHEDULE 2E+WPolice authorities established under section 3

Membership of police authoritiesE+W

1(1)The Secretary of State shall by regulations make provision in relation to the membership of police authorities established under section 3.

(2)Regulations under this paragraph shall provide for a police authority to consist of—

(a)persons who are members of a relevant council, and

(b)other persons, including at least one lay justice.

(3)Those regulations shall—

(a)specify the number of members falling within paragraph (a) and paragraph (b) of sub-paragraph (2), and

(b)secure that the majority of members of a police authority are persons falling within paragraph (a) of that sub-paragraph.

(4)Those regulations may make further provision as to qualification for membership, and may provide for a specified number of the members of a police authority to be persons of a specified description.

(5)Those regulations may include provision as to—

(a)how a member is to be appointed;

(b)disqualification for membership;

(c)the tenure of office of a member (including the circumstances in which a member ceases to hold office or may be removed or suspended from office);

(d)re-appointment as a member;

(e)the validity of acts and proceedings of a person appointed as a member in the event of his disqualification or lack of qualification;

(f)the validity of proceedings of a police authority in the event of a vacancy in membership or of a defect in the appointment of a member or in the composition of the authority;

(g)the payment of remuneration and allowances to a member and the reimbursement of expenses.

Appointment of councillor membersE+W

2Regulations under paragraph 1 shall provide that—

(a)in the case of a police authority in relation to which there is only one relevant council, the members falling within paragraph 1(2)(a) are to be appointed by that council;

(b)in any other case, those members are to be appointed by a joint committee consisting of persons appointed by the relevant councils from among their own members.

Appointment of other membersE+W

3(1)Regulations under paragraph 1 shall provide that the members falling within paragraph 1(2)(b) are to be appointed—

(a)by the existing members of the authority,

(b)from among persons on a short-list prepared by a selection panel.

(2)Those regulations may make provision as to qualification for membership of a selection panel, and may provide for a specified number of the members of a panel to be persons of a specified description.

(3)Those regulations may include provision as to—

(a)the number of members of a selection panel;

(b)how and by whom a member of a panel is to be appointed;

(c)disqualification for membership;

(d)the tenure of office of a member of a panel (including the circumstances in which a member ceases to hold office or may be removed or suspended from office);

(e)re-appointment as a member of a panel;

(f)the conduct of proceedings of a panel, including any procedures that a panel is to follow;

(g)the validity of acts and proceedings of a person appointed as a member of a panel in the event of his disqualification or lack of qualification;

(h)the validity of proceedings of a panel in the event of a vacancy in membership or of a defect in the appointment of a member or in the composition of the panel;

(i)the payment of remuneration and allowances to a member of a panel and the reimbursement of expenses.

Chairman and vice chairmenE+W

4(1)The Secretary of State shall by regulations provide that—

(a)a police authority is to appoint a chairman from among its members at each annual meeting; and

(b)at an annual meeting a police authority may appoint one or more vice-chairmen from among its members.

(2)Regulations under this paragraph may make further provision about how a chairman or vice-chairman is to be appointed, and provision as to—

(a)qualification and disqualification for appointment;

(b)the tenure of office of a chairman or vice-chairman (including the circumstances in which a chairman or vice-chairman ceases to hold office or may be removed or suspended from office);

(c)eligibility for re-appointment;

(d)the validity of acts and proceedings of a person appointed as chairman or vice-chairman in the event of his disqualification or lack of qualification;

(e)the validity of proceedings of a police authority in the event of a vacancy in the office of chairman or vice-chairman or of a defect in the appointment of a chairman or vice-chairman;

(f)the payment of remuneration and allowances to a chairman or vice-chairman and the reimbursement of expenses.

Standards committeesE+W

5The Secretary of State may by regulations make provision as to the payment of remuneration and allowances to, and the reimbursement of expenses of, members of the standards committee of a police authority established under section 3.

ConsultationE+W

6Before making regulations under this Schedule the Secretary of State shall consult—

(a)the Association of Police Authorities,

(b)persons whom he considers to represent the interests of county and district councils in England and county and county borough councils in Wales,

(c)in the case of regulations that are not to apply to all police authorities established under section 3—

(i)any police authority to which the regulations are to apply, and

(ii)any relevant council in relation to such an authority,

and

(d)such other persons as he thinks fit.

SupplementaryE+W

7(1)Regulations under this Schedule may make different provision for different police authorities.

(2)Regulations under this Schedule may make transitional, consequential, incidental and supplemental provision or savings.

(3)A statutory instrument containing regulations under this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.

InterpretationE+W

8(1)For the purposes of this Schedule a council is a “relevant council” in relation to a police authority in England if it is the council for—

(a)a county, or

(b)a district comprised in an area for which there is no county council,

which constitutes, or is wholly within, the authority's police area.

(2)For the purposes of this Schedule a council is a “relevant council” in relation to a police authority in Wales if it is the council for a county or county borough which constitutes, or is wholly within, the authority's police area.

9In this Schedule “lay justice” has the meaning given by section 9 of the Courts Act 2003.

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Commencement Information

I2Sch. 2 para. 2 in force at 15.1.2007 by S.I. 2006/3364, art. 2(b) (with art. 3) (as amended (6.3.2008) by S.I. 2008/627, art. 2)

3In section 5C (membership etc of Metropolitan Police Authority), in subsection (6), for “Schedules 2A and 3” there is substituted “ Schedule 2A ”.E+W

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Commencement Information

I3Sch. 2 para. 3 in force at 15.1.2007 by S.I. 2006/3364, art. 2(b) (with art. 3) (as amended (6.3.2008) by S.I. 2008/627, art. 2)

4For Schedule 2A there is substituted—E+W

Section 5C

SCHEDULE 2AE+WThe Metropolitan police authority

Membership of AuthorityE+W

1(1)The Secretary of State shall by regulations make provision in relation to the membership of the Metropolitan Police Authority.

(2)Regulations under this paragraph shall provide for the Authority to consist of—

(a)persons appointed from among the persons specified in sub-paragraph (3), and

(b)other persons, including at least one lay justice.

(3)The persons referred to in sub-paragraph (2)(a) are—

(a)the Mayor of London, and

(b)members of the London Assembly.

(4)Regulations under this paragraph shall—

(a)specify the number of members falling within paragraph (a) and paragraph (b) of sub-paragraph (2), and

(b)secure that the majority of members of the Authority are persons falling within paragraph (a) of that sub-paragraph.

(5)Those regulations may make further provision as to qualification for membership, and may provide for a specified number of the members of the Authority to be persons of a specified description.

(6)Those regulations may include provision as to—

(a)how a member is to be appointed;

(b)disqualification for membership;

(c)the tenure of office of a member (including the circumstances in which a member ceases to hold office or may be removed or suspended from office);

(d)re-appointment as a member;

(e)the validity of acts and proceedings of a person appointed as a member in the event of his disqualification or lack of qualification;

(f)the validity of proceedings of the Authority in the event of a vacancy in membership or of a defect in the appointment of a member or in the composition of the Authority;

(g)the payment of remuneration and allowances to a member and the reimbursement of expenses.

Appointment of members from London Assembly etcE+W

2Regulations under paragraph 1 shall provide that the members falling within paragraph 1(2)(a) are to be appointed by the Mayor of London.

Appointment of other membersE+W

3(1)Regulations under paragraph 1 shall provide that—

(a)one of the members falling within paragraph 1(2)(b) is to be appointed by the Secretary of State, and

(b)the other members are to be appointed by the existing members of the Metropolitan Police Authority from among persons on a short-list prepared by a selection panel.

(2)Those regulations may make provision as to qualification for membership of a selection panel, and may provide for a specified number of the members of a panel to be persons of a specified description.

(3)Those regulations may include provision as to—

(a)the number of members of a selection panel;

(b)how and by whom a member of a panel is to be appointed;

(c)disqualification for membership;

(d)the tenure of office of a member of a panel (including the circumstances in which a member ceases to hold office or may be removed or suspended from office);

(e)re-appointment as a member of a panel;

(f)the conduct of proceedings of a panel, including any procedures that a panel is to follow;

(g)the validity of acts and proceedings of a person appointed as a member of a panel in the event of his disqualification or lack of qualification;

(h)the validity of proceedings of a panel in the event of a vacancy in membership or of a defect in the appointment of a member or in the composition of the panel;

(i)the payment of remuneration and allowances to a member of a panel and the reimbursement of expenses.

Chairman and vice chairmenE+W

4(1)The Secretary of State shall by regulations provide that—

(a)if the Mayor of London is a member of the Metropolitan Police Authority, he is to be the chairman;

(b)if not, the Mayor of London is to appoint a chairman from among the members of the Authority.

(2)The Secretary of State shall by regulations provide that the Mayor of London may appoint one or more vice-chairmen from among the members of the Authority.

(3)Regulations under this paragraph may make further provision about how a chairman or vice-chairman is to be appointed, and provision as to—

(a)qualification and disqualification for appointment;

(b)the tenure of office of a chairman or vice-chairman (including the circumstances in which a chairman or vice-chairman ceases to hold office or may be removed or suspended from office);

(c)eligibility for re-appointment;

(d)the validity of acts and proceedings of a person appointed as chairman or vice-chairman in the event of his disqualification or lack of qualification;

(e)the validity of proceedings of the Authority in the event of a vacancy in the office of chairman or vice-chairman or of a defect in the appointment of a chairman or vice-chairman;

(f)the payment of remuneration and allowances to a chairman or vice-chairman and the reimbursement of expenses.

Standards committeesE+W

5The Secretary of State may by regulations make provision as to the payment of remuneration and allowances to, and the reimbursement of expenses of, members of the Metropolitan Police Authority's standards committee.

ConsultationE+W

6Before making any regulations under this Schedule, the Secretary of State shall consult—

(a)the Metropolitan Police Authority,

(b)the Association of Police Authorities,

(c)the Greater London Authority,

(d)persons whom he considers to represent the interests of London boroughs, and

(e)such other persons as he thinks fit.

SupplementaryE+W

7(1)Regulations under this Schedule may make transitional, consequential, incidental and supplemental provision or savings.

(2)A statutory instrument containing regulations under this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.

InterpretationE+W

8In this Schedule “lay justice” has the meaning given by section 9 of the Courts Act 2003.

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Commencement Information

I4Sch. 2 para. 4 in force at 15.1.2007 by S.I. 2006/3364, art. 2(b) (with art. 3) (as amended (6.3.2008) by S.I. 2008/627, art. 2)

5In 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 ”.E+W

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Commencement Information

I5Sch. 2 para. 5 in force at 15.1.2007 by S.I. 2006/3364, art. 2(b) (with art. 3) (as amended (6.3.2008) by S.I. 2008/627, art. 2)

6Schedules 3 (police authorities: selection of independent members) and 3A (police authorities: selection of lay justice members) are repealed.E+W

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Commencement Information

I6Sch. 2 para. 6 in force at 15.1.2007 by S.I. 2006/3364, art. 2(b) (with art. 3) (as amended (6.3.2008) by S.I. 2008/627, art. 2)

Functions of police authoritiesE+W

7(1)Section 6 (general functions of police authorities) is amended as follows.E+W

(2)In subsection (1)—

(a)the words after “section 3” become paragraph (a) of that subsection;

(b)at the end of that paragraph there is inserted , and

(b)shall hold the chief officer of police of that force to account for the exercise of his functions and those of persons under his direction and control.

(3)In subsection (2)—

(a)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 ”;

(b)in paragraph (b), for “under section 7” there is substituted “ by virtue of section 6ZB ”;

(c)for paragraph (d) there is substituted—

(d)any plan issued by the authority by virtue of section 6ZB.

(4)Subsection (4) (police authorities to comply with directions given under section 38 or 40) is omitted.

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Commencement Information

I7Sch. 2 para. 7(3)(a) in force at Royal Assent see s. 53(1)(2)

I8Sch. 2 para. 7(1) (2) in force at 29.6.2007 by S.I. 2007/1614, art. 2(b)

I9Sch. 2 para. 7(3)(b) (c) (4) in force at 1.4.2008 by S.I. 2008/790, art. 2(b)

8After section 6 there is inserted—E+W

6ZAPower to confer particular functions on police authorities

(1)The Secretary of State may by order confer particular functions on police authorities.

(2)Without prejudice to the generality of subsection (1), an order under this section may contain provision requiring a police authority—

(a)to monitor the performance of the police force maintained for its area in—

(i)complying with any duty imposed on the force by or under this Act, the Human Rights Act 1998 or any other enactment;

(ii)carrying out any plan issued by virtue of section 6ZB;

(b)to secure that arrangements are made for that force to co-operate with other police forces whenever necessary or expedient;

(c)to promote diversity within that force and within the authority.

(3)Before making an order under this section the Secretary of State must consult—

(a)the Association of Police Authorities,

(b)the Association of Chief Police Officers, and

(c)such other persons as he thinks fit.

(4)An order under this section may make different provision for different police authorities.

(5)A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Commencement Information

I10Sch. 2 para. 8 in force at 15.1.2007 by S.I. 2006/3364, art. 2(b) (with art. 3) (as amended (6.3.2008) by S.I. 2008/627, art. 2)

Police authorities: objectives, plans and reportsE+W

9After section 6ZA (inserted by paragraph 8) there is inserted—E+W

6ZBPlans by police authorities

(1)Before the beginning of each financial year every police authority shall issue a plan (a “policing plan”) setting out—

(a)the authority's objectives (“policing objectives”) for the policing of its area during that year; and

(b)the proposed arrangements for the policing of that area for the period of three years beginning with that year.

(2)Policing objectives shall be so framed as to be consistent with any strategic priorities determined under section 37A.

(3)Before determining policing objectives, a police authority shall—

(a)consult the relevant chief officer of police, and

(b)consider any views obtained by the authority in accordance with arrangements made under section 96.

(4)A draft of a policing plan required to be issued by a police authority under this section shall be prepared by the relevant chief officer of police and submitted by him to the authority for it to consider.

The authority shall consult the relevant chief officer of police before issuing a policing plan which differs from the draft submitted by him under this subsection.

(5)The Secretary of State may by regulations make provision supplementing that made by this section.

(6)The regulations may make provision (further to that made by subsection (3)) as to persons who are to be consulted, and matters that are to be considered, before determining policing objectives.

(7)The regulations may contain provision as to—

(a)matters to be dealt with in policing plans (in addition to those mentioned in subsection (1));

(b)persons who are to be consulted, and matters that are to be considered, in preparing policing plans;

(c)modification of policing plans;

(d)persons to whom copies of policing plans are to be sent.

(8)Before making regulations under this section the Secretary of State must consult—

(a)the Association of Police Authorities,

(b)the Association of Chief Police Officers, and

(c)such other persons as he thinks fit.

(9)Regulations under this section may make different provision for different police authorities.

(10)A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(11)In this section “the relevant chief officer of police”, in relation to a police authority, means the chief officer of police of the police force maintained by that authority.

6ZCReports by police authorities

(1)The Secretary of State may by order require police authorities to issue reports concerning the policing of their areas.

(2)An order under this section may contain provision as to—

(a)the periods to be covered by reports, and, as regards each period, the date by which reports are to be issued;

(b)the matters to be dealt with in reports;

(c)persons to whom copies of reports are to be sent.

(3)Before making an order under this section the Secretary of State must consult—

(a)the Association of Police Authorities,

(b)the Association of Chief Police Officers, and

(c)such other persons as he thinks fit.

(4)An order under this section may make different provision for different police authorities.

(5)A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Commencement Information

I11Sch. 2 para. 9 in force at 14.3.2008 by S.I. 2008/311, art. 2(b)

10The following sections are repealed—E+W

  • section 6A (three-year strategy plans);

  • section 7 (local policing objectives);

  • section 8 (local policing plans);

  • section 9 (annual reports by police authorities).

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Commencement Information

I12Sch. 2 para. 10 in force at 14.3.2008 by S.I. 2008/311, art. 2(b) (with art. 3)

11In section 9A (general functions of Commissioner of Police of the Metropolis), in subsection (2), for the words after “shall have regard” there is substituted to— E+W

(a)any arrangements involving the metropolitan police force that are made by virtue of section 6ZA(2)(b);

(b)the policing plan issued by the Metropolitan Police Authority under section 6ZB.

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Commencement Information

I13Sch. 2 para. 11 in force at 1.4.2008 by S.I. 2008/790, art. 2(b)

12In section 10 (general functions of chief constables), in subsection (2), for the words after “shall have regard” there is substituted to— E+W

(a)any arrangements involving his force that are made by virtue of section 6ZA(2)(b);

(b)the policing plan issued by the police authority for his area under section 6ZB.

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Commencement Information

I14Sch. 2 para. 12 in force at 1.4.2008 by S.I. 2008/790, art. 2(b)

13(1)Section 96B (national and international functions: application of requirements relating to reports etc) is amended as follows.E+W

(2)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 ”.

(3)Subsection (3) is repealed.

(4)In subsection (4), for “section 9(1)” there is substituted “ section 6ZC(1) ”.

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Commencement Information

I15Sch. 2 para. 13 in force at 1.4.2008 by S.I. 2008/790, art. 2(b)

Appointment of deputy chief constables etcE+W

14(1)Section 11A (appointment and removal of deputy chief constables) is amended as follows.E+W

(2)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 ”.

(3)For subsection (2) there is substituted—

(2)The appointment of a person to be a deputy chief constable of a police force shall be made, in accordance with regulations under section 50, by the police authority responsible for maintaining that force.

(2A)Where the police authority responsible for maintaining a police force—

(a)proposes to increase the number of deputy chief constables that the force has, or

(b)proposes to appoint a particular person to be a deputy chief constable,

it may do so only after consultation with the chief constable and subject to the approval of the Secretary of State.

15(1)Section 12A (power of deputy to exercise functions of chief constable) is amended as follows.E+W

(2)In subsection (1), for “A deputy chief constable” there is substituted “ The appropriate deputy chief constable ”.

(3)After that subsection there is inserted—

(1A)The appropriate deputy chief constable for the purposes of subsection (1) is—

(a)in the case of a police force that has only one deputy chief constable, the deputy chief constable;

(b)in the case of a police force that has more than one deputy chief constable, the most senior deputy chief constable.

(1B)The chief constable of a police force that has more than one deputy chief constable shall, after consulting the police authority responsible for maintaining the force, designate the deputy chief constables in order of seniority for the purposes of subsection (1A)(b).

(1C)During any absence, incapacity or suspension from duty of the person who—

(a)is designated as the most senior deputy chief constable for the purposes of subsection (1A)(b), or

(b)is treated under this subsection as the most senior deputy chief constable,

the person designated as the next most senior deputy chief constable shall be treated as the most senior one for those purposes.

(4)For subsection (2) there is substituted—

(2)The chief constable of a police force shall, after consulting the police authority responsible for maintaining the force, designate a person holding the rank of assistant chief constable in that force to exercise or perform any or all of the powers or duties of the chief constable during any period when—

(a)the chief constable is absent, incapacitated or suspended from duty and—

(i)the deputy chief constable, or each of the deputy chief constables, is also absent, incapacitated or suspended from duty, or

(ii)the office of the deputy chief constable, or of each of the deputy chief constables, is vacant;

or

(b)the office of the chief constable is vacant and—

(i)the office of the deputy chief constable, or of each of the deputy chief constables, is also vacant, or

(ii)the deputy chief constable, or each of the deputy chief constables, is absent, incapacitated or suspended from duty.

(5)In subsection (5), for “subsections (1) and (2)” there is substituted “ subsections (1) to (2) ”.

Civilian employees of police authoritiesE+W

16(1)Section 15 (civilian employees) is amended as follows.E+W

(2)For subsection (2) (civilians employed by police authority to be under direction and control of chief officer of police) there is substituted—

(2)A police authority shall exercise its powers under section 101 (and section 107) of the Local Government Act 1972 so as to secure that, subject to section 24(3A), any person employed by the authority under this section solely to assist the police force maintained by the authority is under the direction and control of the chief officer of police of that force.

(3)Subsection (3) (power to agree or determine exceptions to section 15(2)) is omitted.

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Commencement Information

I16Sch. 2 para. 16 in force at 1.4.2007 by S.I. 2007/709, art. 3(c) (with arts. 6, 7)

17In section 24 (aid of one police force by another), after subsection (3) there is inserted—E+W

(3A)While a person employed by a police authority under section 15 solely to assist the police force maintained by that authority is provided under this section for the assistance of another police force, he shall, notwithstanding section 15(2), be under the direction and control of the chief officer of police of that other force.

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Commencement Information

I17Sch. 2 para. 17 in force at 1.4.2007 by S.I. 2007/709, art. 3(c) (with arts. 6, 7)

Clerks to police authorities renamed chief executivesE+W

18(1)Section 16 (appointment of clerk by police authority) is amended as follows.E+W

(2)In subsections (1) and (2), for “clerk to” there is substituted “ chief executive of ”.

(3)In the heading, for “clerk” there is substituted “ chief executive ”.

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Commencement Information

I18Sch. 2 para. 18 in force at 1.4.2007 by S.I. 2007/709, art. 3(c) (with arts. 6, 7)

19In Schedule 6 (appeals to police appeal tribunals), in paragraph 6(2), for “clerk” there is substituted “ chief executive ”.E+W

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Commencement Information

I19Sch. 2 para. 19 in force at 1.4.2007 by S.I. 2007/709, art. 3(c) (with arts. 6, 7)

20(1)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.E+W

(2)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.

(3)In this paragraph “police authority” means—

(a)a police authority established under section 3 of the Police Act 1996 (c. 16);

(b)the Metropolitan Police Authority.

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Commencement Information

I20Sch. 2 para. 20 in force at 1.4.2007 by S.I. 2007/709, art. 3(c) (with arts. 6, 7)

Jurisdiction of special constablesE+W

21(1)Section 30 (jurisdiction of constables) is amended as follows.E+W

(2)For subsection (2) (jurisdiction of special constables) there is substituted—

(2)A special constable shall have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters.

(3)Subsections (3) and (4) are omitted.

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Commencement Information

I21Sch. 2 para. 21 in force at 1.4.2007 by S.I. 2007/709, art. 3(c) (with arts. 6, 7)

22In 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) ”.E+W

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Commencement Information

I22Sch. 2 para. 22 in force at 1.4.2007 by S.I. 2007/709, art. 3(c) (with arts. 6, 7)

23In section 27(2) (special constables to be under direction and control of chief officer), after “Subject to” there is inserted “ section 24(3) and ”.E+W

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Commencement Information

I23Sch. 2 para. 23 in force at 1.4.2007 by S.I. 2007/709, art. 3(c) (with arts. 6, 7)

Secretary of State's strategic functions in relation to police authoritiesE+W

24Sections 36A (National Policing Plan) and 37 (setting of objectives for police authorities) are repealed.E+W

25Before section 38 there is inserted—E+W

37ASetting of strategic priorities for police authorities

(1)The Secretary of State may determine strategic priorities for the policing of the areas of all police authorities to which this section applies.

(2)Before determining any such priorities the Secretary of State shall consult—

(a)the Association of Police Authorities, and

(b)the Association of Chief Police Officers.

(3)The Secretary of State shall arrange for any priorities determined under this section to be published in such manner as he considers appropriate.

(4)The police authorities to which this section applies are those established under section 3 and the Metropolitan Police Authority.

26(1)Section 38 (setting of performance targets) is amended as follows.E+W

(2)In subsection (1)—

(a)for “an objective has been determined under section 37” there is substituted “ a strategic priority has been determined under section 37A ”;

(b)for “to achieve the objective” there is substituted “ to give effect to that priority ”.

(3)In subsection (2), for “section 37” there is substituted “ section 37A ”.

(4)After subsection (4) there is inserted—

(5)A police authority that is given a direction under this section shall comply with it.

Power to give directions to police authority or chief officer of policeE+W

27For section 40 (power to give directions to police authority) there is substituted—E+W

40Power to give directions in relation to police force

(1)Where the Secretary of State is satisfied that the whole or any part of a police force is failing to discharge any of its functions in an effective manner, whether generally or in particular respects, he may direct the police authority responsible for maintaining the force to take specified measures for the purpose of remedying the failure.

(2)Where the Secretary of State is satisfied that the whole or a part of a police force will fail to discharge any of its functions in an effective manner, whether generally or in particular respects, unless remedial measures are taken, he may direct the police authority responsible for maintaining the force to take specified measures in order to prevent such a failure occurring.

(3)The measures that may be specified in a direction under subsection (1) or (2) include the submission to the Secretary of State of an action plan setting out the measures which the person or persons submitting the plan propose to take for the purpose of remedying the failure in question or (as the case may be) preventing such a failure occurring.

(4)The Secretary of State shall not give a direction under this section in relation to any police force unless—

(a)the police authority responsible for maintaining the force and the chief officer of police of that force have each been given such information about the Secretary of State's grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;

(b)that police authority and chief officer have each been given an opportunity of making representations about those grounds;

(c)that police authority and chief officer have each had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and

(d)the Secretary of State has considered any such representations and any such proposals.

(5)Subsection (4) does not apply if the Secretary of State is satisfied that—

(a)the police authority responsible for maintaining the force and the chief officer of police of that force have already been made aware of the matters constituting the Secretary of State's grounds for proposing to give a direction under this section;

(b)the information they had about those matters was sufficient to enable them to identify remedial measures that would have made the giving of the direction unnecessary; and

(c)they have each had a reasonable opportunity to take such measures.

(6)The Secretary of State shall not give a direction under this section unless Her Majesty's Chief Inspector of Constabulary has been given—

(a)the same information about the grounds for proposing to give that direction as is required to be given under subsection (4)(a) (or would be so required but for subsection (5)); and

(b)an opportunity of making written observations about those grounds.

The Secretary of State shall publish any such observations in such manner as appears to him to be appropriate.

(7)A police authority that is given a direction under this section shall comply with it.

40APower to give directions in relation to police authority

(1)Where the Secretary of State is satisfied that a police authority is failing to discharge any of its functions in an effective manner, whether generally or in particular respects, he may direct the police authority to take specified measures for the purpose of remedying the failure.

(2)Where the Secretary of State is satisfied that a police authority will fail to discharge any of its functions in an effective manner, whether generally or in particular respects, unless remedial measures are taken, he may direct the police authority to take specified measures in order to prevent such a failure occurring.

(3)The measures that may be specified in a direction under subsection (1) or (2) include the submission to the Secretary of State of an action plan setting out the measures which the authority submitting the plan proposes to take for the purpose of remedying the failure in question or (as the case may be) preventing such a failure occurring.

(4)The Secretary of State shall not give a direction under this section in relation to a police authority unless—

(a)the police authority has been given such information about the Secretary of State's grounds for proposing to give that direction as he considers appropriate for enabling it to make representations or proposals under the following paragraphs of this subsection;

(b)the police authority has been given an opportunity of making representations about those grounds;

(c)the police authority has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and

(d)the Secretary of State has considered any such representations and any such proposals.

(5)Subsection (4) does not apply if the Secretary of State is satisfied that—

(a)the police authority has already been made aware of the matters constituting the Secretary of State's grounds for proposing to give a direction under this section;

(b)the information the authority had about those matters was sufficient to enable it to identify remedial measures that would have made the giving of the direction unnecessary; and

(c)the authority has had a reasonable opportunity to take such measures.

(6)The Secretary of State shall not give a direction under this section unless Her Majesty's Chief Inspector of Constabulary has been given—

(a)the same information about the grounds for proposing to give that direction as is required to be given under subsection (4)(a) (or would be so required but for subsection (5)); and

(b)an opportunity of making written observations about those grounds.

The Secretary of State shall publish any such observations in such manner as appears to him to be appropriate.

(7)A police authority that is given a direction under this section shall comply with it.

(8)Nothing in this section or in section 40 prevents the Secretary of State from exercising (whether in relation to the same matter or different matters or at the same time or at different times) both his powers under this section and his powers under section 40.

40BProcedure for directions under section 40 or 40A

(1)The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where—

(a)a proposal is made for the giving of a direction under section 40;

(b)a proposal is made for the giving of a direction under section 40A.

(2)Before making any regulations under this section, the Secretary of State shall consult with—

(a)the Association of Police Authorities;

(b)the Association of Chief Police Officers; and

(c)such other persons as he thinks fit.

(3)Regulations under this section may make different provision for different cases and circumstances.

(4)A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

(5)On giving a direction under section 40 or section 40A to a police authority, the Secretary of State shall notify the chief officer of police of the force in question that he has given that direction.

(6)Where the Secretary of State gives a direction under section 40 or section 40A he shall lay before Parliament—

(a)a copy of the direction; and

(b)a report about it.

(7)A report under subsection (7)—

(a)shall be prepared at such time as the Secretary of State considers appropriate; and

(b)may relate to more than one direction.

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Commencement Information

I24Sch. 2 para. 27 in force at 1.4.2007 by S.I. 2007/709, art. 3(c) (with arts. 6, 7)

28In section 41 (directions as to minimum budget), in subsection (1), after “section 40” there is inserted “ or 40A ”.E+W

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Commencement Information

I25Sch. 2 para. 28 in force at 1.4.2007 by S.I. 2007/709, art. 3(c) (with arts. 6, 7)

Power to give directions as to action plansE+W

29Sections 41A and 41B (power to give directions as to action plans, and procedure for doing so) are repealed.E+W

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Commencement Information

I26Sch. 2 para. 29 in force at 1.4.2007 by S.I. 2007/709, art. 3(c) (with arts. 6, 7)

Arrangements for obtaining the views of the community on policingE+W

30(1)Section 96 (arrangements for obtaining the views of the community on policing) is amended as follows.E+W

(2)In subsection (1)(b), after “crime” there is inserted “ and anti-social behaviour ”.

(3)In subsection (2), for “subsection (6)” there is substituted “ provision made by virtue of subsection (6)(b) ”.

(4)For subsections (6) to (10) there is substituted—

(6)The Secretary of State may by regulations—

(a)make provision supplementing that made by this section (or by regulations under paragraph (b));

(b)make provision applying in place of subsection (2) in relation to the City of London police area.

(7)Regulations under subsection (6)(a) may contain—

(a)provision requiring a police authority to review arrangements made under this section from time to time;

(b)provision (further to that made by subsection (2) or by regulations under subsection (6)(b)) as to persons whom a police authority is to consult in making or reviewing the arrangements;

(c)provision as to matters to which a police authority is to have regard in making or reviewing the arrangements;

(d)provision for the Secretary of State, if not satisfied with the adequacy of arrangements made under this section by a police authority, to require the authority—

(i)to submit reports to him concerning the arrangements;

(ii)to review the arrangements.

(8)Before making regulations under this section the Secretary of State must consult—

(a)the Association of Police Authorities,

(b)the Association of Chief Police Officers, and

(c)such other persons as he thinks fit.

(9)Regulations under this section may make different provision for different police authorities.

(10)A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Commencement Information

I27Sch. 2 para. 30 in force at 15.3.2010 by S.I. 2010/414, art. 2(b)

Section 5

SCHEDULE 3E+W+S+N.I.Power to merge police pension schemes

IntroductionE+W+S+N.I.

1In this Schedule—E+W+S+N.I.

  • 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—

    (a)

    regulations under section 1 of the 1976 Act;

    (b)

    regulations under section 25(2)(k) or 26(2)(g) of the 1998 Act.

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Commencement Information

I28Sch. 3 para. 1 in force at 31.12.2007 by S.I. 2007/3203, art. 3(b)

Power to merge police pension schemesE+W+S+N.I.

2(1)Regulations may—E+W+S+N.I.

(a)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

(b)make equivalent provision establishing a single pension scheme for the benefit of those persons.

(2)In sub-paragraph (1)(b) “equivalent provision” means, subject to sub-paragraph (3), provision having the same effect as the provisions revoked.

(3)The regulations may make changes to the effect of the provisions revoked if the changes—

(a)are made as a result of consolidating the provisions of the different police pensions regulations into a single pension scheme, and

(b)do not make the scheme less beneficial to any member of it than the police pension scheme of which he was previously a member.

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Commencement Information

I29Sch. 3 para. 2 in force at 31.12.2007 by S.I. 2007/3203, art. 3(b)

Exercise of power to establish merged schemeE+W+S+N.I.

3(1)This paragraph applies to the first regulations under this Schedule.E+W+S+N.I.

(2)The power to make the regulations is exercisable by the Secretary of State with the consent of the Treasury.

[F2(3)The Secretary of State shall—

(a)consult with the Police Advisory Board for England and Wales before exercising the power as regards England and Wales;

(b)consult with the Police Negotiating Board for Scotland before exercising the power as regards Scotland;

(c)consult with the Northern Ireland Policing Board and the Police Association for Northern Ireland before exercising the power as regards Northern Ireland.]

(4)The regulations may be framed so as to have effect as from a date before the making of the regulations.

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Amendments (Textual)

Commencement Information

I30Sch. 3 para. 3 in force at 31.12.2007 by S.I. 2007/3203, art. 3(b)

Exercise of power to amend merged schemeE+W+S+N.I.

4(1)The power to make amending regulations is exercisable as if—E+W+S+N.I.

(a)any provision of the 1976 Act applying to regulations under section 1 of that Act,

(b)any provision of Northern Ireland legislation applying to regulations under section 25(2)(k) of the 1998 Act, and

(c)any provision of Northern Ireland legislation applying to regulations under section 26(2)(g) of the 1998 Act,

applied also to the amending regulations.

(2)In this paragraph “amending regulations” means regulations amending regulations previously made under this Schedule.

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Commencement Information

I31Sch. 3 para. 4 in force at 31.12.2007 by S.I. 2007/3203, art. 3(b)

Application of provisions of other ActsE+W+S+N.I.

5(1)The provisions of—E+W+S+N.I.

(a)section 8A of the 1976 Act (information in connection with police pensions etc),

(b)section 9 of that Act (assignment etc of pension to be void), and

(c)section 10 of that Act (obtaining pension by self-inflicted injury etc),

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.

(2)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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I32Sch. 3 para. 5 in force at 31.12.2007 by S.I. 2007/3203, art. 3(b)

Transitional provisionE+W+S+N.I.

6A reference, however expressed, in any document (including an enactment) to—E+W+S+N.I.

(a)regulations under section 1 of the 1976 Act,

(b)regulations under section 25(2)(k) of the 1998 Act, or

(c)regulations under section 26(2)(g) of the 1998 Act,

is to be read, where the context allows, as including a reference to regulations under this Schedule.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I33Sch. 3 para. 6 in force at 31.12.2007 by S.I. 2007/3203, art. 3(b)

Continuity of schemes for tax purposesE+W+S+N.I.

7A 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.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I34Sch. 3 para. 7 in force at 31.12.2007 by S.I. 2007/3203, art. 3(b)

Section 6

SCHEDULE 4E+W+N.I.Consultation with APA and ACPO

Police and Criminal Evidence Act 1984 (c. 60)E+W+N.I.

1In 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—E+W+N.I.

(a)the Association of Police Authorities,

(b)the Association of Chief Police Officers of England, Wales and Northern Ireland,.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I35Sch. 4 para. 1 in force at 1.4.2007 by S.I. 2007/709, art. 3(d) (with arts. 6, 7)

Police Act 1996 (c. 16)E+W+N.I.

2In section 8A of the Police Act 1996 (local policing summaries), for paragraphs (a) and (b) of subsection (6) there is substituted—E+W+N.I.

(a)the Association of Police Authorities;

(b)the Association of Chief Police Officers; and.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I36Sch. 4 para. 2 in force at 1.4.2007 by S.I. 2007/709, art. 3(d) (with arts. 6, 7)

3In section 39A of that Act (codes of practice for chief officers), for paragraphs (a) and (b) of subsection (4) there is substituted—E+W+N.I.

(a)the Association of Police Authorities;

(b)the Association of Chief Police Officers; and.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I37Sch. 4 para. 3 in force at 1.4.2007 by S.I. 2007/709, art. 3(d) (with arts. 6, 7)

4In section 42A of that Act (procedure in relation to removal of senior officers), for paragraphs (a) and (b) of subsection (2) there is substituted—E+W+N.I.

(a)the Association of Police Authorities;

(b)the Association of Chief Police Officers; and.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I38Sch. 4 para. 4 in force at 1.4.2007 by S.I. 2007/709, art. 3(d) (with arts. 6, 7)

5In section 53 of that Act (regulations as to standard of equipment), for paragraphs (a) and (b) of subsection (2) there is substituted—E+W+N.I.

(a)the Association of Police Authorities;

(b)the Association of Chief Police Officers; and.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I39Sch. 4 para. 5 in force at 1.4.2007 by S.I. 2007/709, art. 3(d) (with arts. 6, 7)

6(1)Section 53A of that Act (regulation of procedures and practices) is amended as follows.E+W+N.I.

(2)For paragraphs (a) and (b) of subsection (3) there is substituted—

(a)the Association of Police Authorities; and

(b)the Association of Chief Police Officers.

(3)For paragraphs (a) and (b) of subsection (5) there is substituted—

(a)the Association of Police Authorities; and

(b)the Association of Chief Police Officers; and.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I40Sch. 4 para. 6 in force at 1.4.2007 by S.I. 2007/709, art. 3(d) (with arts. 6, 7)

7In section 57 of that Act (common services), for paragraphs (a) and (b) of subsection (4) there is substituted—E+W+N.I.

(a)the Association of Police Authorities;

(b)the Association of Chief Police Officers; and.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I41Sch. 4 para. 7 in force at 1.4.2007 by S.I. 2007/709, art. 3(d) (with arts. 6, 7)

8In section 101 of that Act (interpretation), at the beginning of the list of definitions in subsection (1) there is inserted—E+W+N.I.

  • the Association of Chief Police Officers” means the Association of Chief Police Officers of England, Wales and Northern Ireland;.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I42Sch. 4 para. 8 in force at 1.4.2007 by S.I. 2007/709, art. 3(d) (with arts. 6, 7)

Criminal Procedure and Investigations Act 1996 (c. 25)E+W+N.I.

9In section 21A of the Criminal Procedure and Investigations Act 1996 (code of practice for police interviews of certain witnesses), in subsection (4)—E+W+N.I.

(a)before paragraph (a) there is inserted—

(za)the Association of Chief Police Officers of England, Wales and Northern Ireland;;

(b)sub-paragraph (i) of paragraph (a) is omitted.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I43Sch. 4 para. 9 in force at 1.4.2007 by S.I. 2007/709, art. 3(d) (with arts. 6, 7)

Criminal Justice and Police Act 2001 (c. 16)E+W+N.I.

10In 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—E+W+N.I.

(c)the Association of Police Authorities; and

(d)the Association of Chief Police Officers of England, Wales and Northern Ireland.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I44Sch. 4 para. 10 in force at 1.4.2007 by S.I. 2007/709, art. 3(d) (with arts. 6, 7)

Police Reform Act 2002 (c. 30)E+W+N.I.

11In 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—E+W+N.I.

(a)the Association of Police Authorities;

(b)the Association of Chief Police Officers; and.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I45Sch. 4 para. 11 in force at 1.4.2007 by S.I. 2007/709, art. 3(d) (with arts. 6, 7)

12In section 24 of that Act (consultation on regulations), for paragraphs (b) and (c) there is substituted—E+W+N.I.

(b)the Association of Police Authorities;

(c)the Association of Chief Police Officers; and.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I46Sch. 4 para. 12 in force at 1.4.2007 by S.I. 2007/709, art. 3(d) (with arts. 6, 7)

13In section 39 of that Act (police powers for contracted-out staff), for paragraphs (a) and (b) of subsection (11) there is substituted—E+W+N.I.

(a)the Association of Police Authorities;

(b)the Association of Chief Police Officers;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I47Sch. 4 para. 13 in force at 1.4.2007 by S.I. 2007/709, art. 3(d) (with arts. 6, 7)

14In section 43 of that Act (railway safety accreditation scheme), in subsection (9)—E+W+N.I.

(a)for paragraph (a) there is substituted—

(a)the Association of Chief Police Officers;;

(b)for paragraph (c) there is substituted—

(c)the Association of Police Authorities;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I48Sch. 4 para. 14 in force at 1.4.2007 by S.I. 2007/709, art. 3(d) (with arts. 6, 7)

15In section 45 of that Act (code of practice relating to chief officers' powers under Chapter 1 of Part 4), in subsection (3)—E+W+N.I.

(a)for paragraph (c) there is substituted—

(c)the Association of Police Authorities;;

(b)for paragraph (f) there is substituted—

(f)the Association of Chief Police Officers;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I49Sch. 4 para. 15 in force at 1.4.2007 by S.I. 2007/709, art. 3(d) (with arts. 6, 7)

16In section 51 of that Act (independent custody visitors for places of detention), for paragraphs (a) and (b) of subsection (7) there is substituted—E+W+N.I.

(a)the Association of Police Authorities;

(b)the Association of Chief Police Officers; and.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I50Sch. 4 para. 16 in force at 1.4.2007 by S.I. 2007/709, art. 3(d) (with arts. 6, 7)

17In section 96 of that Act (president of ACPO), the words “of England, Wales and Northern Ireland” are omitted.E+W+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I51Sch. 4 para. 17 in force at 1.4.2007 by S.I. 2007/709, art. 3(d) (with arts. 6, 7)

18In section 106 of that Act (general interpretation), at the appropriate place there is inserted—E+W+N.I.

the Association of Chief Police Officers” means the Association of Chief Police Officers of England, Wales and Northern Ireland;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I52Sch. 4 para. 18 in force at 1.4.2007 by S.I. 2007/709, art. 3(d) (with arts. 6, 7)

Section 9

SCHEDULE 5E+WExercise of police powers by civilians

1The Police Reform Act 2002 (c. 30) is amended as follows.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I53Sch. 5 para. 1 in force at 1.12.2007 by S.I. 2007/3203, art. 2(c)

2(1)Section 38 (police powers for police authority employees) is amended as follows.E+W

(2)In subsection (4)(c) (person not to be designated unless adequately trained), after “conferred” there is inserted “ or imposed ”.

(3)Before subsection (6) there is inserted—

(5B)The reference in subsection (4)(c) to the powers and duties to be conferred or imposed on a person by virtue of his designation, so far as it is a reference to the standard powers and duties of a community support officer, is a reference to the powers and duties that at the time of the person's designation are the standard powers and duties of a community support officer.

(4)After subsection (6) there is inserted—

(6A)Subsection (6) has effect subject to subsections (5A) and (8).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I54Sch. 5 para. 2 in force at 1.12.2007 by S.I. 2007/3203, art. 2(c)

3(1)Section 42 (supplementary provisions relating to designations etc) is amended as follows.E+W

(2)Before subsection (1) there is inserted—

(A1)A person who exercises or performs any power or duty in relation to any person in reliance on his designation under section 38 as a community support officer, or who purports to do so, shall produce to that person evidence of his designation, if requested to do so.

(B1)A person who exercises or performs any non-standard power or non-standard duty in relation to any person in reliance on his designation under section 38 as a community support officer, or who purports to do so, shall produce to that person evidence that the power or duty has been conferred or imposed on him, if requested to do so.

(C1)For the purposes of subsection (B1), a power or duty is “non-standard” if it is not one of the standard powers and duties of a community support officer.

(3)After subsection (1) there is inserted—

(1A)Subsection (1) does not apply to a person who exercises or performs any power or duty in reliance on his designation under section 38 as a community support officer, or who purports to do so.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I55Sch. 5 para. 3 in force at 1.12.2007 by S.I. 2007/3203, art. 2(c)

4In section 105 (orders and regulations), in subsection (3)(b), after “section 19(3)” there is inserted “ , 38A(4) ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I56Sch. 5 para. 4 in force at 1.4.2007 by S.I. 2007/709, art. 3(h) (with arts. 6, 7)

5(1)Schedule 4 (powers exercisable by police civilians) is amended as follows.E+W

(2)In paragraph 1(3) (community support officers: power to issue fixed penalty notices: definition of “relevant fixed penalty offence”)—

(a)in paragraph (a), for “1(2)(a) to (d)” there is substituted “ (2)(a) to (e) ”;

(b)in paragraph (b), for “that person's designation as an offence he” there is substituted “ a designation by which this paragraph is applied to the designated person as an offence which the designated person ”.

(3)In paragraph 1A(2) (community support officers: power to require name and address: confining the power), for “Such a designation may specify that, in relation to that person, the application of sub-paragraph (3)” there is substituted “ A designation by which this paragraph is applied to a person may specify that the application of sub-paragraph (3) by that designation to that person ”.

(4)In paragraph 2(3A)(b) (community support officers: powers under byelaws to remove persons from places), for “under paragraph 1A” there is substituted “ applying paragraph 1A to the CSO, ”.

(5)In paragraph 2(4) (person required to wait with community support officer may be given choice to go to police station), for “this Part of this Schedule applies” there is substituted “ this paragraph is applied ”.

(6)In paragraph 2(6) (meaning of “relevant offence”), in the words after paragraph (b), after “may provide that” there is inserted “ , for the purposes of this paragraph as applied to that person by that designation, ”.

(7)In paragraph 2(8) (application of paragraph 2 by other provisions effective only where paragraph 2 is itself applied to community support officer)—

(a)for “or 7A(8)” there is substituted “ , 7A(8) or 7C(2) ”;

(b)“under this paragraph” is omitted.

(8)In paragraph 4 (power to use reasonable force to detain or control person required to wait with community support officer)—

(a)in sub-paragraph (1), for “This paragraph applies” there is substituted “ Sub-paragraph (3) applies ”;

(b)in sub-paragraph (1)(b), for “sets out the matters” there is substituted “ sets out matters ”;

(c)in sub-paragraph (2), for “as the matters” there is substituted “ as matters ”.

(9)In paragraph 7B(2)(a) (community support officer's power to seize controlled drugs found in person's possession), for the words from “(whether” to the end there is substituted “ (whether or not the CSO finds it in the course of searching the person by virtue of any paragraph of this Part of this Schedule being applied to the CSO by a designation); and ”.

(10)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 ”.

F3(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)In paragraph 36(1)(a) (meaning of “the relevant police area”), for “designation” there is substituted “ person designated ”.

(13)In paragraph 36, for sub-paragraphs (2) and (3) there is substituted—

(2)In Part 1 of this Schedule “a designation” means—

(a)a designation under section 38, or

(b)an order under section 38A(1) (and, accordingly, the power to make such an order—

(i)is extended by paragraphs 1(3)(b), 1A(2) and (7), 2(6) and 4(1)(b), but

(ii)is subject to paragraphs 2(2), 4(2) and 11B(5)).

(2A)In Parts 2 and 4A of this Schedule “a designation” means a designation under section 38.

(3)In Parts 3 and 4 of this Schedule “a designation” means a designation under section 38 or 39.

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Amendments (Textual)

Commencement Information

I57Sch. 5 para. 5(1) (2)(b) (3)-(10) (12) (13) in force at 1.12.2007 by S.I. 2007/3203, art. 2(c)

I58Sch. 5 para. 5(2)(a) in force at 1.4.2007 by S.I. 2007/709, art. 3(h) (with arts. 6, 7)

6(1)Paragraph 1 of Schedule 5 (power of accredited persons to issue fixed penalty notices) is amended as follows.E+W

(2)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 ”.

(3)In sub-paragraph (3)(a) (meaning of “relevant fixed penalty offence” in paragraph 1), for “(c)” there is substituted “ (d) ”.

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Commencement Information

I59Sch. 5 para. 6 in force at 1.12.2007 by S.I. 2007/3203, art. 2(c)

Section 10

SCHEDULE 6E+WPolice bail

Part 1 E+WIntroductory

1The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.E+W

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Commencement Information

I60Sch. 6 para. 1 in force at 1.4.2007 by S.I. 2007/709, art. 3(i) (with arts. 6, 7)

Part 2 E+WPolice bail granted elsewhere than at police station

Power to impose conditions on granting bailE+W

2In 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—E+W

(3A)Where a constable releases a person on bail under subsection (1)—

(a)no recognizance for the person's surrender to custody shall be taken from the person,

(b)no security for the person's surrender to custody shall be taken from the person or from anyone else on the person's behalf,

(c)the person shall not be required to provide a surety or sureties for his surrender to custody, and

(d)no requirement to reside in a bail hostel may be imposed as a condition of bail.

(3B)Subject to subsection (3A), where a constable releases a person on bail under subsection (1) the constable may impose, as conditions of the bail, such requirements as appear to the constable to be necessary—

(a)to secure that the person surrenders to custody,

(b)to secure that the person does not commit an offence while on bail,

(c)to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person, or

(d)for the person's own protection or, if the person is under the age of 17, for the person's own welfare or in the person's own interests.

(4)Where a person is released on bail under subsection (1), a requirement may be imposed on the person as a condition of bail only under the preceding provisions of this section.

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Commencement Information

I61Sch. 6 para. 2 in force at 1.4.2007 by S.I. 2007/709, art. 3(i) (with arts. 6, 7)

Contents of notice given to person released on bailE+W

3In section 30B (bail under section 30A: notices), after subsection (4) there is inserted—E+W

(4A)If the person is granted bail subject to conditions under section 30A(3B), the notice also—

(a)must specify the requirements imposed by those conditions,

(b)must explain the opportunities under sections 30CA(1) and 30CB(1) for variation of those conditions, and

(c)if it does not specify the police station at which the person is required to attend, must specify a police station at which the person may make a request under section 30CA(1)(b).

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Commencement Information

I62Sch. 6 para. 3 in force at 1.4.2007 by S.I. 2007/709, art. 3(i) (with arts. 6, 7)

Variation of bail conditionsE+W

4After section 30C there is inserted—E+W

30CABail under section 30A: variation of conditions by police

(1)Where a person released on bail under section 30A(1) is on bail subject to conditions—

(a)a relevant officer at the police station at which the person is required to attend, or

(b)where no notice under section 30B specifying that police station has been given to the person, a relevant officer at the police station specified under section 30B(4A)(c),

may, at the request of the person but subject to subsection (2), vary the conditions.

(2)On any subsequent request made in respect of the same grant of bail, subsection (1) confers power to vary the conditions of the bail only if the request is based on information that, in the case of the previous request or each previous request, was not available to the relevant officer considering that previous request when he was considering it.

(3)Where conditions of bail granted to a person under section 30A(1) are varied under subsection (1)—

(a)paragraphs (a) to (d) of section 30A(3A) apply,

(b)requirements imposed by the conditions as so varied must be requirements that appear to the relevant officer varying the conditions to be necessary for any of the purposes mentioned in paragraphs (a) to (d) of section 30A(3B), and

(c)the relevant officer who varies the conditions must give the person notice in writing of the variation.

(4)Power under subsection (1) to vary conditions is, subject to subsection (3)(a) and (b), power—

(a)to vary or rescind any of the conditions, and

(b)to impose further conditions.

(5)In this section “relevant officer”, in relation to a designated police station, means a custody officer but, in relation to any other police station—

(a)means a constable, or a person designated as a staff custody officer under section 38 of the Police Reform Act 2002, who is not involved in the investigation of the offence for which the person making the request under subsection (1) was under arrest when granted bail under section 30A(1), if such a constable or officer is readily available, and

(b)if no such constable or officer is readily available—

(i)means a constable other than the one who granted bail to the person, if such a constable is readily available, and

(ii)if no such constable is readily available, means the constable who granted bail.

30CBBail under section 30A: variation of conditions by court

(1)Where a person released on bail under section 30A(1) is on bail subject to conditions, a magistrates' court may, on an application by or on behalf of the person, vary the conditions if—

(a)the conditions have been varied under section 30CA(1) since being imposed under section 30A(3B),

(b)a request for variation under section 30CA(1) of the conditions has been made and refused, or

(c)a request for variation under section 30CA(1) of the conditions has been made and the period of 48 hours beginning with the day when the request was made has expired without the request having been withdrawn or the conditions having been varied in response to the request.

(2)In proceedings on an application for a variation under subsection (1), a ground may not be relied upon unless—

(a)in a case falling within subsection (1)(a), the ground was relied upon in the request in response to which the conditions were varied under section 30CA(1), or

(b)in a case falling within paragraph (b) or (c) of subsection (1), the ground was relied upon in the request mentioned in that paragraph,

but this does not prevent the court, when deciding the application, from considering different grounds arising out of a change in circumstances that has occurred since the making of the application.

(3)Where conditions of bail granted to a person under section 30A(1) are varied under subsection (1)—

(a)paragraphs (a) to (d) of section 30A(3A) apply,

(b)requirements imposed by the conditions as so varied must be requirements that appear to the court varying the conditions to be necessary for any of the purposes mentioned in paragraphs (a) to (d) of section 30A(3B), and

(c)that bail shall not lapse but shall continue subject to the conditions as so varied.

(4)Power under subsection (1) to vary conditions is, subject to subsection (3)(a) and (b), power—

(a)to vary or rescind any of the conditions, and

(b)to impose further conditions.

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Commencement Information

I63Sch. 6 para. 4 in force at 1.4.2007 by S.I. 2007/709, art. 3(i) (with arts. 6, 7)

Power of arrest for breach of bail conditionsE+W

5(1)Section 30D (failure to answer to bail under section 30A) is amended as follows.E+W

(2)After subsection (2) there is inserted—

(2A)A person who has been released on bail under section 30A may be arrested without a warrant by a constable if the constable has reasonable grounds for suspecting that the person has broken any of the conditions of bail.

(2B)A person arrested under subsection (2A) must be taken to a police station (which may be the specified police station mentioned in subsection (1) or any other police station) as soon as practicable after the arrest.

(3)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) ”.

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Commencement Information

I64Sch. 6 para. 5 in force at 1.4.2007 by S.I. 2007/709, art. 3(i) (with arts. 6, 7)

Part 3 E+WPolice bail granted at police station before charge

Power to impose conditions on bail granted under section 37(2) or (7)(b)E+W

6In 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 ”.E+W

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Commencement Information

I65Sch. 6 para. 6 in force at 1.4.2007 by S.I. 2007/709, art. 3(i) (with arts. 6, 7)

Power of arrest for breach of conditions of bail granted under section 37(2) or (7)(b)E+W

7In 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) ”.E+W

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Commencement Information

I66Sch. 6 para. 7 in force at 1.4.2007 by S.I. 2007/709, art. 3(i) (with arts. 6, 7)

Dealing with person arrested for breach of conditions of bail granted under section 37(7)(b)E+W

8(1)After section 37C there is inserted—E+W

37CABreach of bail following release under section 37(7)(b)

(1)This section applies where a person released on bail under section 37(7)(b) above or subsection (2)(b) below—

(a)is arrested under section 46A below in respect of that bail, and

(b)is being detained following that arrest at the police station mentioned in section 46A(2) below.

(2)The person arrested—

(a)shall be charged, or

(b)shall be released without charge, either on bail or without bail.

(3)The decision as to how a person is to be dealt with under subsection (2) above shall be that of a custody officer.

(4)A person released on bail under subsection (2)(b) above shall be released on bail subject to the same conditions (if any) which applied immediately before his arrest.

(2)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) ”.

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Commencement Information

I67Sch. 6 para. 8 in force at 1.4.2007 by S.I. 2007/709, art. 3(i) (with arts. 6, 7)

Time for person to answer bail granted under section 37(2) or (7)(b) or 37CA(2)(b)E+W

9(1)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) ”.E+W

(2)In the heading to section 37D, for “under section 37(7)(a)” there is substituted on bail under section 37.

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Commencement Information

I68Sch. 6 para. 9 in force at 1.4.2007 by S.I. 2007/709, art. 3(i) (with arts. 6, 7)

Dealing with person released on bail under section 37(7)(b) or 37CA(2)(b)E+W

10(1)Section 37D (release under section 37(7)(a): further provision) is amended as follows.E+W

(2)For subsection (5) (person not fit to be dealt with as mentioned in subsection (4) to be detained until fit) there is substituted—

(4A)Where a person released on bail under section 37(7)(b) or 37CA(2)(b) above returns to a police station to answer bail or is otherwise in police detention at a police station, he may be kept in police detention to enable him to be dealt with in accordance with section 37CA above or to enable the power under subsection (1) above to be exercised.

(5)If the person mentioned in subsection (4) or (4A) above is not in a fit state to enable him to be dealt with as mentioned in that subsection or to enable the power under subsection (1) above to be exercised, he may be kept in police detention until he is.

(3)In subsection (6) (application of section 37 where person detained under section 37D)—

(a)after “subsection (4)” there is inserted “ , (4A) ”;

(b)for “37(7)(a) or 37C(2)(b)” there is substituted “ 37(7), 37C(2)(b) or 37CA(2)(b) ”.

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Commencement Information

I69Sch. 6 para. 10 in force at 1.4.2007 by S.I. 2007/709, art. 3(i) (with arts. 6, 7)

Applications to court where person released on bail under section 37(2) or (7)(b) or 37CA(2)(b)E+W

11In 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) ”.E+W

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Commencement Information

I70Sch. 6 para. 11 in force at 1.4.2007 by S.I. 2007/709, art. 3(i) (with arts. 6, 7)

Section 15

SCHEDULE 7E+WSchedule to be inserted into the Police Reform Act 2002

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Commencement Information

I71Sch. 7 in force at 1.4.2007 by S.I. 2007/709, art. 3(k) (with arts. 6, 7)

SCHEDULE 5AE+WPowers exercisable by accredited inspectors

Power to issue fixed penalty noticesE+W

1(1)An accredited inspector whose accreditation specifies that this paragraph applies to him shall have the powers specified in sub-paragraph (2) in relation to any individual who he has reason to believe has committed a relevant fixed penalty offence at a place within the relevant police area.

(2)The powers are the powers of a constable in uniform to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (fixed penalty notices in respect of offences of disorder) so far as exercisable in respect of a relevant fixed penalty offence.

Power to require giving of name and addressE+W

2(1)Where an accredited inspector whose accreditation specifies that this paragraph applies to him has reason to believe that a person has committed a relevant fixed penalty offence in the relevant police area, he may require the person to give him his name and address.

(2)A person who fails to comply with a requirement under sub-paragraph (1) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Photographing of persons given fixed penalty noticesE+W

3An accredited inspector whose accreditation specifies that this paragraph applies to him shall, within the relevant police area, have the power of a constable under section 64A(1A) of the 1984 Act (photographing of suspects etc) to take a photograph, elsewhere than at a police station, of a person to whom the accredited inspector has given a penalty notice in exercise of the powers mentioned in paragraph 1(2).

InterpretationE+W

4In this Schedule—

  • the relevant police area”, in relation to an accredited inspector, means the police area for which the police force whose chief officer granted his accreditation is maintained;

  • relevant fixed penalty offence”, in relation to an accredited inspector, means an offence which—

    (a)

    is an offence contained in a provision mentioned in the first column of the Table in section 1(1) of the Criminal Justice and Police Act 2001, and

    (b)

    is specified or described in his accreditation as an offence he has been accredited to enforce.

Section 19

SCHEDULE 8E+WFurther provision about crime and disorder committees of certain local authorities

IntroductoryE+W

1(1)This Schedule applies in relation to a local authority[F4E+W

(a)]that is not operating executive arrangements under Part [F51A or] 2 of the Local Government Act 2000 (c. 22)[F6, and

(b)that has not appointed an overview and scrutiny committee under section 9JA of that Act].

(2)In this Schedule “local authority” and “crime and disorder committee” have the same meaning as in section 19.

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Amendments (Textual)

F4Words in Sch. 8 para. 1(1) inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 81(a); S.I. 2012/1008, art. 4(b)

F5Words in Sch. 8 para. 1(1) inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 81(b); S.I. 2012/1008, art. 4(b)

F6Sch. 8 para. 1(1)(b) and preceding word inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 81(c); S.I. 2012/1008, art. 4(b)

Commencement Information

I72Sch. 8 para. 1 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(d)

I73Sch. 8 para. 1 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(b)

Functions of crime and disorder committeesE+W

2(1)The crime and disorder committee of a local authority may not discharge any functions other than its functions under section 19 or this Schedule.E+W

(2)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.

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Commencement Information

I74Sch. 8 para. 2 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(d)

I75Sch. 8 para. 2 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(b)

Appointment of sub-committeesE+W

3(1)The crime and disorder committee of a local authority—E+W

(a)may appoint one or more sub-committees, and

(b)may arrange for the discharge of any of its functions by any such sub-committee.

(2)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).

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Commencement Information

I76Sch. 8 para. 3 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(d)

I77Sch. 8 para. 3 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(b)

Meetings etcE+W

4A local authority shall make arrangements—E+W

(a)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

(b)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.

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Commencement Information

I78Sch. 8 para. 4 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(d)

I79Sch. 8 para. 4 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(b)

5The 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.E+W

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Commencement Information

I80Sch. 8 para. 5 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(d)

I81Sch. 8 para. 5 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(b)

Power to compel attendance etcE+W

6(1)The crime and disorder committee of a local authority or a sub-committee of such a committee—E+W

(a)may require members or officers of the authority to attend before it to answer questions;

(b)may invite other persons to attend meetings of the committee.

(2)A member or officer of a local authority shall comply with any requirement made under sub-paragraph (1)(a).

(3)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.

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Commencement Information

I82Sch. 8 para. 6 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(d)

I83Sch. 8 para. 6 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(b)

Miscellaneous and supplementalE+W

7The 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).E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I84Sch. 8 para. 7 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(d)

I85Sch. 8 para. 7 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(b)

8The 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.E+W

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Commencement Information

I86Sch. 8 para. 8 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(d)

I87Sch. 8 para. 8 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(b)

9Subsections (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.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I88Sch. 8 para. 9 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(d)

I89Sch. 8 para. 9 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(b)

Application to the City of LondonE+W

10Paragraph 8 does not apply to the crime and disorder committee of the Common Council or to a sub-committee of that committee.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I90Sch. 8 para. 10 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(d)

I91Sch. 8 para. 10 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(b)

11(1)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.E+W

(2)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.

(3)Paragraph 2, in its application to the Common Council, has effect with the omission of sub-paragraph (2).

(4)Paragraph 9, in its application to the Common Council, applies only so far as it relates to sub-committees.

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Commencement Information

I92Sch. 8 para. 11 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(d)

I93Sch. 8 para. 11 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(b)

12In paragraphs 10 and 11 “the Common Council” means the Common Council of the City of London.E+W

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Commencement Information

I94Sch. 8 para. 12 in force at 30.4.2009 for E. by S.I. 2009/936, art. 2(d)

I95Sch. 8 para. 12 in force at 1.10.2009 for W. by S.I. 2009/2540, art. 2(b)

Section 22

SCHEDULE 9E+WAmendments to the Crime and Disorder Act 1998

1The Crime and Disorder Act 1998 (c. 37) is amended as follows.E+W

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Commencement Information

I96Sch. 9 para. 1 in force at 1.8.2007 for E. by S.I. 2007/1614, art. 3(b)

I97Sch. 9 para. 1 in force at 19.11.2007 for W. by S.I. 2007/3073, art. 2(a)

2(1)Section 5 (authorities responsible for strategies) is amended as follows.E+W

(2)In subsection (1), after “functions conferred by” there is inserted “ or under ”.

(3)In subsection (1A)(a), for “by sections 6 to 7” there is substituted “ by or under section 6 or by section 7 ”.

(4)In subsection (1B)(b), after “drugs” there is inserted “ , alcohol and other substances ”.

(5)After subsection (5) there is inserted—

(6)The appropriate national authority may by order amend this section by—

(a)adding an entry for any person or body to the list of authorities in subsection (1),

(b)altering or repealing an entry for the time being included in the list, or

(c)adding, altering or repealing provisions for the interpretation of entries in the list.

(7)In this section the “appropriate national authority”, in relation to a person or body, means—

(a)the National Assembly for Wales, if all the functions of the person or body are devolved Welsh functions;

(b)the Secretary of State and the Assembly acting jointly, if the functions of the person or body include devolved Welsh functions and other functions; and

(c)the Secretary of State, if none of the functions of the person or body are devolved Welsh functions.

(8)In subsection (7), “devolved Welsh functions” means functions which are dischargeable only in relation to Wales and relate to matters in relation to which the Assembly has functions.

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Commencement Information

I98Sch. 9 para. 2 in force at 1.8.2007 for E. by S.I. 2007/1614, art. 3(b)

I99Sch. 9 para. 2 in force at 19.11.2007 for W. by S.I. 2007/3073, art. 2(a)

3For sections 6 and 6A there is substituted—E+W

6Formulation and implementation of strategies

(1)The responsible authorities for a local government area shall, in accordance with section 5 and with regulations made under subsection (2), formulate and implement—

(a)a strategy for the reduction of crime and disorder in the area (including anti-social and other behaviour adversely affecting the local environment); and

(b)a strategy for combatting the misuse of drugs, alcohol and other substances in the area.

(2)The appropriate national authority may by regulations make further provision as to the formulation and implementation of a strategy under this section.

(3)Regulations under subsection (2) may in particular make provision for or in connection with—

(a)the time by which a strategy must be prepared and the period to which it is to relate;

(b)the procedure to be followed by the responsible authorities in preparing and implementing a strategy (including requirements as to the holding of public meetings and other consultation);

(c)the conferring of functions on any one or more of the responsible authorities in relation to the formulation and implementation of a strategy;

(d)matters to which regard must be had in formulating and implementing a strategy;

(e)objectives to be addressed in a strategy and performance targets in respect of those objectives;

(f)the sharing of information between responsible authorities;

(g)the publication and dissemination of a strategy;

(h)the preparation of reports on the implementation of a strategy.

(4)The provision which may be made under subsection (2) includes provision for or in connection with the conferring of functions on a committee of, or a particular member or officer of, any of the responsible authorities.

(5)The matters referred to in subsection (3)(d) may in particular include guidance given by the appropriate national authority in connection with the formulation or implementation of a strategy.

(6)Provision under subsection (3)(e) may require a strategy to be formulated so as to address (in particular)—

(a)the reduction of crime or disorder of a particular description; or

(b)the combatting of a particular description of misuse of drugs, alcohol or other substances.

(7)Regulations under this section may make—

(a)different provision for different local government areas;

(b)supplementary or incidental provision.

(8)For the purposes of this section any reference to the implementation of a strategy includes—

(a)keeping it under review for the purposes of monitoring its effectiveness; and

(b)making any changes to it that appear necessary or expedient.

(9)In this section the “appropriate national authority” is—

(a)the Secretary of State, in relation to strategies for areas in England;

(b)the National Assembly for Wales, in relation to strategies for combatting the misuse of drugs, alcohol or other substances in areas in Wales;

(c)the Secretary of State and the Assembly acting jointly, in relation to strategies for combatting crime and disorder in areas in Wales.

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Commencement Information

I100Sch. 9 para. 3 in force at 1.8.2007 for E. by S.I. 2007/1614, art. 3(b)

I101Sch. 9 para. 3 in force at 19.11.2007 for W. by S.I. 2007/3073, art. 2(a)

4(1)Section 17 (duty to consider crime and disorder implications) is amended as follows.E+W

(2)In subsection (1), for “crime and disorder in its area” there is substituted—

(a)crime and disorder in its area (including anti-social and other behaviour adversely affecting the local environment); and

(b)the misuse of drugs, alcohol and other substances in its area.

(3)For subsection (2) there is substituted—

(2)This section applies to each of the following—

  • a local authority;

  • a joint authority;

  • the London Fire and Emergency Planning Authority;

  • a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

  • a metropolitan county fire authority;

  • a police authority;

  • a National Park authority;

  • the Broads Authority.

(4)After subsection (3) there is inserted—

(4)The appropriate national authority may by order amend this section by—

(a)adding an entry for any person or body to the list of authorities in subsection (2),

(b)altering or repealing any entry for the time being included in the list, or

(c)adding, altering or repealing provisions for the interpretation of entries in the list.

(5)In subsection (4) “the appropriate national authority” has the same meaning as in section 5.

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Commencement Information

I102Sch. 9 para. 4 in force at 1.8.2007 for E. by S.I. 2007/1614, art. 3(b)

I103Sch. 9 para. 4 in force at 19.11.2007 for W. by S.I. 2007/3073, art. 2(a)

5After section 17 there is inserted—E+W

17ASharing of information

(1)A relevant authority is under a duty to disclose to all other relevant authorities any information held by the authority which is of a prescribed description, at such intervals and in such form as may be prescribed.

(2)In subsection (1) “prescribed” means prescribed in regulations made by the Secretary of State.

(3)The Secretary of State may only prescribe descriptions of information which appears to him to be of potential relevance in relation to the reduction of crime and disorder in any area of England and Wales (including anti-social or other behaviour adversely affecting the local environment in that area).

(4)Nothing in this section requires a relevant authority to disclose any personal data (within the meaning of the Data Protection Act 1998).

(5)In this section “relevant authority” means an authority in England and Wales which is for the time being a relevant authority for the purposes of section 115.

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Commencement Information

I104Sch. 9 para. 5 in force at 1.8.2007 for E. by S.I. 2007/1614, art. 3(b)

I105Sch. 9 para. 5 in force at 19.11.2007 for W. by S.I. 2007/3073, art. 2(a)

6(1)Section 114 (orders and regulations) is amended as follows.E+W

(2)In subsection (2)—

(a)“, 6A(1)” is omitted;

(b)after “regulations under” there is inserted “ section 6 or 17A or ”.

(3)In subsection (3)—

(a)after “1F,” there is inserted “ 5(6), ”;

(b)for “38(5) or 41(6)” there is substituted “ 17(4), 38(5), 41(6) or 115(3) ”.

(4)After that subsection there is inserted—

(4)The Secretary of State must consult the National Assembly for Wales before making an order under section 5(6), 17(4) or 115(3) that relates to a person or body any of whose functions are dischargeable in relation to Wales (not being functions of the kind referred to in section 5(8)).

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Commencement Information

I106Sch. 9 para. 6 in force at 1.8.2007 for E. by S.I. 2007/1614, art. 3(b)

I107Sch. 9 para. 6 in force at 19.11.2007 for W. by S.I. 2007/3073, art. 2(a)

7(1)Section 115 (disclosure of information) is amended as follows.E+W

(2)In subsection (2), for “subsection (1) above” there is substituted “ this section ”, and at the end there is inserted—

(h)the London Fire and Emergency Planning Authority;

(i)a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

(j)a metropolitan county fire and rescue authority.

(3)After that subsection there is inserted—

(3)The appropriate national authority may by order amend this section so far as it extends to England and Wales by—

(a)adding an entry for any person or body to the list of authorities in subsection (2),

(b)altering or repealing any entry for the time being included in the list, or

(c)adding, altering or repealing provisions for the interpretation of entries in the list.

(4)In subsection (3) “the appropriate national authority” has the same meaning as in section 5.

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Commencement Information

I108Sch. 9 para. 7 in force at 1.8.2007 for E. by S.I. 2007/1614, art. 3(b)

I109Sch. 9 para. 7(1) (3) in force at 19.11.2007 for W. by S.I. 2007/3073, art. 2(a)

I110Sch. 9 para. 7(2) in force at 19.11.2007 for W. by S.I. 2007/3251, art. 2

Section 27

SCHEDULE 10E+WInjunctions in local authority proceedings: powers to remand

IntroductoryE+W

1(1)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).E+W

(2)In this Schedule “the court” has the same meaning as in section 27.

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Commencement Information

I111Sch. 10 para. 1 in force at 6.4.2007 for E. by S.I. 2007/709, art. 4(b) (with art. 8)

Remand in custody or on bailE+W

2(1)The court may—E+W

(a)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

(b)remand him on bail, in accordance with the following provisions.

(2)The court may remand the person on bail—

(a)by taking from him a recognizance, with or without sureties, conditioned as provided in paragraph 3, or

(b)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).

(3)Where a person is brought before the court after remand, the court may further remand him.

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Commencement Information

I112Sch. 10 para. 2 in force at 6.4.2007 for E. by S.I. 2007/709, art. 4(b) (with art. 8)

3(1)Where a person is remanded on bail, the court may direct that his recognizance be conditioned for his appearance—E+W

(a)before that court at the end of the period of remand, or

(b)at every time and place to which during the course of the proceedings the hearing may from time to time be adjourned.

(2)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.

(3)Nothing in this paragraph affects the power of the court at any subsequent hearing to remand him afresh.

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Commencement Information

I113Sch. 10 para. 3 in force at 6.4.2007 for E. by S.I. 2007/709, art. 4(b) (with art. 8)

4(1)The court shall not remand a person for a period exceeding eight clear days except that—E+W

(a)if the court remands him on bail, it may remand him for a longer period if he and the other party consent, and

(b)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.

(2)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.

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Commencement Information

I114Sch. 10 para. 4 in force at 6.4.2007 for E. by S.I. 2007/709, art. 4(b) (with art. 8)

Further remandE+W

5(1)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.E+W

(2)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.

(3)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.

(4)The enlargement of his recognizance shall be deemed to be a further remand.

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

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Commencement Information

I115Sch. 10 para. 5 in force at 6.4.2007 for E. by S.I. 2007/709, art. 4(b) (with art. 8)

Postponement of taking recognizanceE+W

6Where 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.E+W

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Commencement Information

I116Sch. 10 para. 6 in force at 6.4.2007 for E. by S.I. 2007/709, art. 4(b) (with art. 8)

Requirements imposed on remand on bailE+W

7The 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.E+W

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Commencement Information

I117Sch. 10 para. 7 in force at 6.4.2007 for E. by S.I. 2007/709, art. 4(b) (with art. 8)

Section 39

SCHEDULE 11E+WSchedule to be inserted into the Protection of Children Act 1978

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Commencement Information

I118Sch. 11 in force at 1.4.2008 by S.I. 2008/790, art. 2(c)

SCHEDULEE+WForfeiture of indecent photographs of children

Application of ScheduleE+W

1(1)This Schedule applies where—

(a)property which has been lawfully seized in England and Wales is in the custody of a constable,

(b)ignoring this Schedule, there is no legitimate reason for the constable to retain custody of the property,

(c)the constable is satisfied that there are reasonable grounds for believing that the property is or is likely to be forfeitable property, and

(d)ignoring this Schedule, the constable is not aware of any person who has a legitimate reason for possessing the property or any readily separable part of it.

(2)The following property is “forfeitable property”—

(a)any indecent photograph or pseudo-photograph of a child;

(b)any property which it is not reasonably practicable to separate from any property within paragraph (a).

(3)For the purposes of this paragraph—

(a)a part of any property is a “readily separable part” of the property if, in all the circumstances, it is reasonably practicable for it to be separated from the remainder of that property, and

(b)it is reasonably practicable for a part of any property to be separated from the remainder if it is reasonably practicable to separate it without prejudicing the remainder of the property or another part of it.

(4)The circumstances mentioned in sub-paragraph (3)(a) include the time and costs involved in separating the property.

Possession pending forfeitureE+W

2(1)The property must be retained in the custody of a constable until it is returned or otherwise disposed of in accordance with this Schedule.

(2)Nothing in the Police (Property) Act 1897 (property seized in the investigation of an offence) applies to property held under this Schedule.

The relevant officerE+W

3The relevant officer”, in relation to any property, is the constable who for the time being has custody of the property.

Notice of intended forfeitureE+W

4(1)The relevant officer must give notice of the intended forfeiture of the property (“notice of intended forfeiture”) to—

(a)every person whom he believes to have been the owner of the property, or one of its owners, at the time of the seizure of the property,

(b)where the property was seized from premises, every person whom the relevant officer believes to have been an occupier of the premises at that time, and

(c)where the property was seized as a result of a search of any person, that person.

(2)The notice of intended forfeiture must set out—

(a)a description of the property, and

(b)how a person may give a notice of claim under this Schedule and the period within which such a notice must be given.

(3)The notice of intended forfeiture may be given to a person only by—

(a)delivering it to him personally,

(b)addressing it to him and leaving it for him at the appropriate address, or

(c)addressing it to him and sending it to him at that address by post.

(4)But a notice given in accordance with sub-paragraph (1)(b) may, where it is not practicable to give the notice in accordance with sub-paragraph (3), be given by—

(a)addressing it to “the occupier” of those premises, without naming him, and

(b)leaving it for him at those premises or sending it to him at those premises by post.

(5)Property may be treated or condemned as forfeited under this Schedule only if—

(a)the requirements of this paragraph have been complied with in the case of the property, or

(b)it was not reasonably practicable for them to be complied with.

(6)In this paragraph “the appropriate address”, in relation to a person, means—

(a)in the case of a body corporate, its registered or principal office in the United Kingdom;

(b)in the case of a firm, the principal office of the partnership;

(c)in the case of an unincorporated body or association, the principal office of the body or association;

(d)in any other case, his usual or last known place of residence in the United Kingdom or his last known place of business in the United Kingdom.

(7)In the case of—

(a)a company registered outside the United Kingdom,

(b)a firm carrying on business outside the United Kingdom, or

(c)an unincorporated body or association with offices outside the United Kingdom,

the references in this paragraph to its principal office include references to its principal office within the United Kingdom (if any).

Notice of claimE+W

5(1)A person claiming that he has a legitimate reason for possessing the property or a part of it may give notice of his claim to a constable at any police station in the police area in which the property was seized.

(2)Oral notice is not sufficient for these purposes.

6(1)A notice of claim may not be given more than one month after—

(a)the date of the giving of the notice of intended forfeiture, or

(b)if no such notice has been given, the date on which the property began to be retained under this Schedule (see paragraph 2).

(2)A notice of claim must specify—

(a)the name and address of the claimant;

(b)a description of the property, or part of it, in respect of which the claim is made;

(c)in the case of a claimant who is outside the United Kingdom, the name and address of a solicitor in the United Kingdom who is authorised to accept service, and to act, on behalf of the claimant.

(3)Service upon a solicitor so specified is to be taken to be service on the claimant for the purposes of any proceedings by virtue of this Schedule.

(4)In a case in which notice of intended forfeiture was given to different persons on different days, the reference in this paragraph to the day on which that notice was given is a reference—

(a)in relation to a person to whom notice of intended forfeiture was given, to the day on which that notice was given to that person, and

(b)in relation to any other person, to the day on which notice of intended forfeiture was given to the last person to be given such a notice.

Automatic forfeiture in a case where no claim is madeE+W

7(1)If the property is unclaimed it is treated as forfeited.

(2)The property is “unclaimed” if, by the end of the period for the giving of a notice of claim—

(a)no such notice has been given in relation to it or any part of it, or

(b)the requirements of paragraphs 5 and 6 have not been complied with in relation to the only notice or notices of claim that have been given.

(3)Sub-paragraph (1) applies in relation to a readily separable part of the property as it applies in relation to the property, and for this purpose sub-paragraph (2) applies as if references to the property were to the part.

(4)In this paragraph “readily separable part” has the meaning given by paragraph 1.

Decision whether to take court proceedings to condemn property as forfeitedE+W

8(1)Where a notice of claim in respect of the property, or a part of it, is duly given in accordance with paragraphs 5 and 6, the relevant officer must decide whether to take proceedings to ask the court to condemn the property or a part of it as forfeited.

(2)The decision whether to take such proceedings must be made as soon as reasonably practicable after the giving of the notice of claim.

Return of property if no forfeiture proceedingsE+W

9(1)This paragraph applies if, in a case in which a notice of claim has been given, the relevant officer decides—

(a)not to take proceedings for condemnation of the property, or

(b)not to take proceedings for condemnation of a part of the property.

(2)The relevant officer must return the property or part to the person who appears to him to have a legitimate reason for possessing the property or, if there is more than one such person, to one of those persons.

(3)Any property required to be returned in accordance with sub-paragraph (2) must be returned as soon as reasonably practicable after the decision not to take proceedings for condemnation.

Forfeiture proceedingsE+W

10(1)This paragraph applies if, in a case in which a notice of claim has been given, the relevant officer decides to take proceedings for condemnation of the property or a part of it (“the relevant property”).

(2)The court must condemn the relevant property if it is satisfied—

(a)that the relevant property is forfeitable property, and

(b)that no-one who has given a notice of claim has a legitimate reason for possessing the relevant property.

This is subject to sub-paragraphs (5) and (7).

(3)If the court is not satisfied that the relevant property is forfeitable property, the court must order its return to the person who appears to the court to have a legitimate reason for possessing it or, if there is more than one such person, to one of those persons.

(4)If the court is satisfied—

(a)that the relevant property is forfeitable property, and

(b)that a person who has given a notice of claim has a legitimate reason for possessing the relevant property, or that more than one such person has such a reason,

the court must order the return of the relevant property to that person or, as the case may be, to one of those persons.

(5)Where the court is satisfied that any part of the relevant property is a separable part, sub-paragraphs (2) to (4) apply separately in relation to each separable part of the relevant property as if references to the relevant property were references to the separable part.

(6)For this purpose a part of any property is a “separable part” of the property if—

(a)it can be separated from the remainder of that property, and

(b)where a person has a legitimate reason for possessing the remainder of that property or any part of it, the separation will not prejudice the remainder or part.

(7)Where the court is satisfied—

(a)that a person who has given a notice of claim has a legitimate reason for possessing part of the relevant property, and

(b)that, although the part is not a separable part within the meaning given by sub-paragraph (6), it can be separated from the remainder of the relevant property,

the court may order the return of that part to that person.

(8)Sub-paragraph (7) does not apply to any property required to be returned to a person under sub-paragraph (4).

Supplementary ordersE+W

11(1)Where the court condemns property under paragraph 10(2)—

(a)it may order the relevant officer to take such steps in relation to the property or any part of it as it thinks appropriate, and

(b)where it orders a step to be taken, it may make that order conditional on specified costs relating to the taking of that step being paid by a specified person within a specified period.

(2)A court order under paragraph 10(3), (4), (5) or (7) requiring the return of a part of the relevant property to a person may be made conditional on specified costs relating to the separation of the part from the remainder of the relevant property being paid by that person within a specified period.

(3)Where the court makes an order under paragraph 10(7) for the return of a part of the relevant property—

(a)it may order the relevant officer to take such steps as it thinks appropriate in relation to any property which will be prejudiced by the separation of that part, and

(b)where it orders a step to be taken, it may make that order conditional on specified costs relating to the taking of that step being paid by a specified person within a specified period.

(4)For the purposes of this paragraph “specified” means specified in, or determined in accordance with, the court order.

Supplementary provision about forfeiture proceedingsE+W

12Proceedings by virtue of this Schedule are civil proceedings and may be instituted in a magistrates' court which has jurisdiction in relation to the place where the property to which the proceedings relate was seized.

13(1)Either party may appeal against the decision of the magistrates' court to the Crown Court.

(2)This paragraph does not affect any right to require the statement of a case for the opinion of the High Court.

14Where an appeal has been made (whether by case stated or otherwise) against the decision of the magistrates' court in proceedings by virtue of this Schedule in relation to property, the property is to be left in the custody of a constable pending the final determination of the matter.

Effect of forfeitureE+W

15Where property is treated or condemned as forfeited under this Schedule the forfeiture is to be treated as having taken effect as from the time of the seizure.

Disposal of property which is not returnedE+W

16(1)This paragraph applies where any property is required to be returned to a person under this Schedule.

(2)If—

(a)the property is (without having been returned) still in the custody of the relevant officer after the end of the period of 12 months beginning with the day on which the requirement to return it arose, and

(b)it is not practicable to dispose of it by returning it immediately to the person to whom it is required to be returned,

the relevant officer may dispose of it in any manner he thinks fit.

17(1)This paragraph applies where any property would be required to be returned to a person under this Schedule but for a failure to satisfy a condition imposed by virtue of paragraph 11(2) (return of property conditional on payment of costs within specified period).

(2)The relevant officer may dispose of the property in any manner he thinks fit.

Provisions as to proofE+W

18In proceedings under this Schedule, the fact, form and manner of the seizure are to be taken, without further evidence and unless the contrary is shown, to have been as set forth in the process.

19In proceedings, the condemnation by a court of property as forfeited under this Schedule may be proved by the production of either—

(a)the order of condemnation, or

(b)a certified copy of the order purporting to be signed by an officer of the court by which the order was made or granted.

Saving for owner's rightsE+W

20Neither the imposition of a requirement by virtue of this Schedule to return property to a person nor the return of it to a person in accordance with such a requirement affects—

(a)the rights in relation to that property, or any part of it, of any other person, or

(b)the right of any other person to enforce his rights against the person to whom it is returned.

InterpretationE+W

21(1)In this Schedule—

  • the court” is to be construed in accordance with paragraph 12;

  • forfeitable property” is to be construed in accordance with paragraph 1(2);

  • premises” has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 23 of that Act); and

  • the relevant officer” is to be construed in accordance with paragraph 3.

(2)For the purposes of this Schedule the circumstances in which a person (“P”) has a legitimate reason for possessing an indecent photograph of a child (“C”) include where—

(a)the photograph was of C aged 16 or over,

(b)one or both of the following sub-paragraphs apply—

(i)P and C are married, are civil partners of each other or are living together as partners in an enduring family relationship,

(ii)P and C were married, were civil partners of each other or were so living together at the time P obtained the photograph,

(c)the photograph shows C alone or with P, but does not show any other person,

(d)C has consented to the photograph being in P's possession (and that consent has not been withdrawn), and

(e)P owns, or is authorised (directly or indirectly) by the owner, to possess the photograph.

Section 40

SCHEDULE 12N.I.Schedule to be inserted into the Protection of Children (Northern Ireland) Order 1978

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Commencement Information

I119Sch. 12 in force at 1.4.2008 by S.I. 2008/790, art. 3(a)

SCHEDULEN.I.Forfeiture of indecent photographs of children

Application of ScheduleN.I.

1(1)This Schedule applies where—

(a)property which has been lawfully seized in Northern Ireland is in the custody of a constable,

(b)ignoring this Schedule, there is no legitimate reason for the constable to retain custody of the property,

(c)the constable is satisfied that there are reasonable grounds for believing that the property is or is likely to be forfeitable property, and

(d)ignoring this Schedule, the constable is not aware of any person who has a legitimate reason for possessing the property or any readily separable part of it.

(2)The following property is “forfeitable property”—

(a)any indecent photograph or pseudo-photograph of a child;

(b)any property which it is not reasonably practicable to separate from any property within paragraph (a).

(3)For the purposes of this paragraph—

(a)a part of any property is a “readily separable part” of the property if, in all the circumstances, it is reasonably practicable for it to be separated from the remainder of that property, and

(b)it is reasonably practicable for a part of any property to be separated from the remainder if it is reasonably practicable to separate it without prejudicing the remainder of the property or another part of it.

(4)The circumstances mentioned in sub-paragraph (3)(a) include the time and costs involved in separating the property.

Possession pending forfeitureN.I.

2(1)The property must be retained in the custody of a constable until it is returned or otherwise disposed of in accordance with this Schedule.

(2)Nothing in section 31 of the Police (Northern Ireland) Act 1998 (property coming into the possession of the police) applies to property held under this Schedule.

The relevant officerN.I.

3The relevant officer”, in relation to any property, is the constable who for the time being has custody of the property.

Notice of intended forfeitureN.I.

4(1)The relevant officer must give notice of the intended forfeiture of the property (“notice of intended forfeiture”) to—

(a)every person whom he believes to have been the owner of the property, or one of its owners, at the time of the seizure of the property,

(b)where the property was seized from premises, every person whom the relevant officer believes to have been an occupier of the premises at that time, and

(c)where the property was seized as a result of a search of any person, that person.

(2)The notice of intended forfeiture must set out—

(a)a description of the property, and

(b)how a person may give a notice of claim under this Schedule and the period within which such a notice must be given.

(3)The notice of intended forfeiture may be given to a person only by—

(a)delivering it to him personally,

(b)addressing it to him and leaving it for him at the appropriate address, or

(c)addressing it to him and sending it to him at that address by post.

(4)But a notice given in accordance with sub-paragraph (1)(b) may, where it is not practicable to give the notice in accordance with sub-paragraph (3), be given by—

(a)addressing it to “the occupier” of those premises, without naming him, and

(b)leaving it for him at those premises or sending it to him at those premises by post.

(5)Property may be treated or condemned as forfeited under this Schedule only if—

(a)the requirements of this paragraph have been complied with in the case of the property, or

(b)it was not reasonably practicable for them to be complied with.

(6)In this paragraph “the appropriate address”, in relation to a person, means—

(a)in the case of a body corporate, its registered or principal office in the United Kingdom;

(b)in the case of a firm, the principal office of the partnership;

(c)in the case of an unincorporated body or association, the principal office of the body or association;

(d)in any other case, his usual or last known place of residence in the United Kingdom or his last known place of business in the United Kingdom.

(7)In the case of—

(a)a company registered outside the United Kingdom,

(b)a firm carrying on business outside the United Kingdom, or

(c)an unincorporated body or association with offices outside the United Kingdom,

the references in this paragraph to its principal office include references to its principal office within the United Kingdom (if any).

Notice of claimN.I.

5(1)A person claiming that he has a legitimate reason for possessing the property or a part of it may give notice of his claim to a constable at any police station in Northern Ireland.

(2)Oral notice is not sufficient for these purposes.

6(1)A notice of claim may not be given more than one month after—

(a)the date of the giving of the notice of intended forfeiture, or

(b)if no such notice has been given, the date on which the property began to be retained under this Schedule (see paragraph 2).

(2)A notice of claim must specify—

(a)the name and address of the claimant;

(b)a description of the property, or part of it, in respect of which the claim is made;

(c)in the case of a claimant who is outside the United Kingdom, the name and address of a solicitor in the United Kingdom who is authorised to accept service, and to act, on behalf of the claimant.

(3)Service upon a solicitor so specified is to be taken to be service on the claimant for the purposes of any proceedings by virtue of this Schedule.

(4)In a case in which notice of intended forfeiture was given to different persons on different days, the reference in this paragraph to the day on which that notice was given is a reference—

(a)in relation to a person to whom notice of intended forfeiture was given, to the day on which that notice was given to that person, and

(b)in relation to any other person, to the day on which notice of intended forfeiture was given to the last person to be given such a notice.

Automatic forfeiture in a case where no claim is madeN.I.

7(1)If the property is unclaimed it is treated as forfeited.

(2)The property is “unclaimed” if, by the end of the period for the giving of a notice of claim—

(a)no such notice has been given in relation to it or any part of it, or

(b)the requirements of paragraphs 5 and 6 have not been complied with in relation to the only notice or notices of claim that have been given.

(3)Sub-paragraph (1) applies in relation to a readily separable part of the property as it applies in relation to the property, and for this purpose sub-paragraph (2) applies as if references to the property were to the part.

(4)In this paragraph “readily separable part” has the meaning given by paragraph 1.

Decision whether to take court proceedings to condemn property as forfeitedN.I.

8(1)Where a notice of claim in respect of the property, or a part of it, is duly given in accordance with paragraphs 5 and 6, the relevant officer must decide whether to take proceedings to ask the court to condemn the property or a part of it as forfeited.

(2)The decision whether to take such proceedings must be made as soon as reasonably practicable after the giving of the notice of claim.

Return of property if no forfeiture proceedingsN.I.

9(1)This paragraph applies if, in a case in which a notice of claim has been given, the relevant officer decides—

(a)not to take proceedings for condemnation of the property, or

(b)not to take proceedings for condemnation of a part of the property.

(2)The relevant officer must return the property or part to the person who appears to him to have a legitimate reason for possessing the property or, if there is more than one such person, to one of those persons.

(3)Any property required to be returned in accordance with sub-paragraph (2) must be returned as soon as reasonably practicable after the decision not to take proceedings for condemnation.

Forfeiture proceedingsN.I.

10(1)This paragraph applies if, in a case in which a notice of claim has been given, the relevant officer decides to take proceedings for condemnation of the property or a part of it (“the relevant property”).

(2)The court must condemn the relevant property if it is satisfied—

(a)that the relevant property is forfeitable property, and

(b)that no-one who has given a notice of claim has a legitimate reason for possessing the relevant property.

This is subject to sub-paragraphs (5) and (7).

(3)If the court is not satisfied that the relevant property is forfeitable property, the court must order its return to the person who appears to the court to have a legitimate reason for possessing it or, if there is more than one such person, to one of those persons.

(4)If the court is satisfied—

(a)that the relevant property is forfeitable property, and

(b)that a person who has given a notice of claim has a legitimate reason for possessing the relevant property, or that more than one such person has such a reason,

the court must order the return of the relevant property to that person or, as the case may be, to one of those persons.

(5)Where the court is satisfied that any part of the relevant property is a separable part, sub-paragraphs (2) to (4) apply separately in relation to each separable part of the relevant property as if references to the relevant property were references to the separable part.

(6)For this purpose a part of any property is a “separable part” of the property if—

(a)it can be separated from the remainder of that property, and

(b)where a person has a legitimate reason for possessing the remainder of that property or any part of it, the separation will not prejudice the remainder or part.

(7)Where the court is satisfied—

(a)that a person who has given a notice of claim has a legitimate reason for possessing part of the relevant property, and

(b)that, although the part is not a separable part within the meaning given by sub-paragraph (6), it can be separated from the remainder of the relevant property,

the court may order the return of that part to that person.

(8)Sub-paragraph (7) does not apply to any property required to be returned to a person under sub-paragraph (4).

Supplementary ordersN.I.

11(1)Where the court condemns property under paragraph 10(2)—

(a)it may order the relevant officer to take such steps in relation to the property or any part of it as it thinks appropriate, and

(b)where it orders a step to be taken, it may make that order conditional on specified costs relating to the taking of that step being paid by a specified person within a specified period.

(2)A court order under paragraph 10(3), (4), (5) or (7) requiring the return of a part of the relevant property to a person may be made conditional on specified costs relating to the separation of the part from the remainder of the relevant property being paid by that person within a specified period.

(3)Where the court makes an order under paragraph 10(7) for the return of a part of the relevant property—

(a)it may order the relevant officer to take such steps as it thinks appropriate in relation to any property which will be prejudiced by the separation of that part, and

(b)where it orders a step to be taken, it may make that order conditional on specified costs relating to the taking of that step being paid by a specified person within a specified period.

(4)For the purposes of this paragraph “specified” means specified in, or determined in accordance with, the court order.

Supplementary provision about forfeiture proceedingsN.I.

12Proceedings by virtue of this Schedule are civil proceedings and may be instituted in a court of summary jurisdiction for the petty sessions district in which the property to which the proceedings relate was seized.

13(1)Either party may appeal against the decision of that court to a county court.

(2)This paragraph does not affect any right to require the statement of a case for the opinion of the Court of Appeal.

14Where an appeal has been made (whether by case stated or otherwise) against the decision of the court of summary jurisdiction in proceedings by virtue of this Schedule in relation to property, the property is to be left in the custody of a constable pending the final determination of the matter.

Effect of forfeitureN.I.

15Where property is treated or condemned as forfeited under this Schedule the forfeiture is to be treated as having taken effect as from the time of the seizure.

Disposal of property which is not returnedN.I.

16(1)This paragraph applies where any property is required to be returned to a person under this Schedule.

(2)If—

(a)the property is (without having been returned) still in the custody of the relevant officer after the end of the period of 12 months beginning with the day on which the requirement to return it arose, and

(b)it is not practicable to dispose of it by returning it immediately to the person to whom it is required to be returned,

the relevant officer may dispose of it in any manner he thinks fit.

17(1)This paragraph applies where any property would be required to be returned to a person under this Schedule but for a failure to satisfy a condition imposed by virtue of paragraph 11(2) (return of property conditional on payment of costs within specified period).

(2)The relevant officer may dispose of the property in any manner he thinks fit.

Provisions as to proofN.I.

18In proceedings under this Schedule, the fact, form and manner of the seizure are to be taken, without further evidence and unless the contrary is shown, to have been as set forth in the process.

19In proceedings, the condemnation by a court of property as forfeited under this Schedule may be proved by the production of either—

(a)the order of condemnation, or

(b)a certified copy of the order purporting to be signed by an officer of the court by which the order was made or granted.

Saving for owner's rightsN.I.

20Neither the imposition of a requirement by virtue of this Schedule to return property to a person nor the return of it to a person in accordance with such a requirement affects—

(a)the rights in relation to that property, or any part of it, of any other person, or

(b)the right of any other person to enforce his rights against the person to whom it is returned.

InterpretationN.I.

21In this Schedule—

  • the court” is to be construed in accordance with paragraph 12;

  • forfeitable property” is to be construed in accordance with paragraph 1(2);

  • premises” has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (see Article 25 of that Order); and

  • the relevant officer” is to be construed in accordance with paragraph 3.

Section 42

SCHEDULE 13E+WExtradition

Part 1E+WAmendments to the Extradition Act 2003

Requests for extradition of persons unlawfully at largeE+W

1(1)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 ”.E+W

(2)In section 70 (request and certificate for extradition to category 2 territory)—

(a)in subsection (3), after “subsection (4)” there is inserted “ or the statement referred to in subsection (4A) ”;

(b)for subsection (4) there is substituted—

(4)The statement is one that—

(a)the person is accused in the category 2 territory of the commission of an offence specified in the request, and

(b)the request is made with a view to his arrest and extradition to the category 2 territory for the purpose of being prosecuted for the offence.

(4A)The statement is one that—

(a)the person has been convicted of an offence specified in the request by a court in the category 2 territory, and

(b)the request is made with a view to his arrest and extradition to the category 2 territory for the purpose of being sentenced for the offence or of serving a sentence of imprisonment or another form of detention imposed in respect of the offence.

(3)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 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I120Sch. 13 para. 1 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

2(1)In section 14 (passage of time), for the words from “since” to the end there is substituted since he is alleged to have— E+W

(a)committed the extradition offence (where he is accused of its commission), or

(b)become unlawfully at large (where he is alleged to have been convicted of it).

(2)After section 68 there is inserted—

68AUnlawfully at large

(1)A person is alleged to be unlawfully at large after conviction of an offence if—

(a)he is alleged to have been convicted of it, and

(b)his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence.

(2)This section applies for the purposes of this Part, other than sections 14 and 63.

(3)In section 82 (passage of time), for the words from “since” to the end there is substituted since he is alleged to have—

(a)committed the extradition offence (where he is accused of its commission), or

(b)become unlawfully at large (where he is alleged to have been convicted of it).

(4)After section 140 there is inserted—

140AUnlawfully at large

(1)A person is alleged to be unlawfully at large after conviction of an offence if—

(a)he is alleged to have been convicted of it, and

(b)his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence.

(2)This section applies for the purposes of this Part, other than sections 82 and 136.

(5)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 ”.

(6)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 ”.

(7)In section 179 (competing claims to extradition), after subsection (4) there is inserted—

(5)For the purposes of this section a person is alleged to be unlawfully at large after conviction of an offence if—

(a)he is alleged to have been convicted of it, and

(b)his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence.

(8)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 ”.

(9)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 ”.

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Commencement Information

I121Sch. 13 para. 2 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

Restriction on extradition following transfer from International Criminal CourtE+W

3(1)In section 11 (bars to extradition)—E+W

(a)after paragraph (h) of subsection (1) there is inserted—

(i)the person's earlier transfer to the United Kingdom by the International Criminal Court.;

(b)in subsection (2), for “Sections 12 to 19” there is substituted “ Sections 12 to 19A ”.

(2)After section 19 there is inserted—

19AEarlier transfer to United Kingdom by International Criminal Court

(1)A person's extradition to a category 1 territory is barred by reason of his earlier transfer by the International Criminal Court if (and only if)—

(a)the person was transferred to the United Kingdom to serve a sentence imposed by the Court;

(b)under arrangements between the United Kingdom and the Court, the consent of the Presidency of the Court is required to the person's extradition from the United Kingdom to the category 1 territory in respect of the extradition offence under consideration;

(c)that consent has not been given.

(2)Subsection (1) does not apply if the person has served the sentence imposed by the Court and has subsequently—

(a)remained voluntarily in the United Kingdom for more than 30 days, or

(b)left the United Kingdom and returned to it.

(3)In section 93 (Secretary of State's consideration of case), after paragraph (c) of subsection (2) there is inserted—

(d)section 96A (earlier transfer to United Kingdom by International Criminal Court).

(4)After section 96 there is inserted—

96AEarlier transfer to United Kingdom by International Criminal Court

(1)The Secretary of State must not order a person's extradition to a category 2 territory if—

(a)the person was transferred to the United Kingdom to serve a sentence imposed by the International Criminal Court;

(b)under arrangements between the United Kingdom and the Court, the consent of the Presidency of the Court is required to the person's extradition from the United Kingdom to the category 2 territory in respect of the extradition offence under consideration;

(c)that consent has not been given.

(2)Subsection (1) does not apply if the person has served the sentence imposed by the Court and has subsequently—

(a)remained voluntarily in the United Kingdom for more than 30 days, or

(b)left the United Kingdom and returned to it.

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Commencement Information

I122Sch. 13 para. 3 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F7Sch. 13 paras. 4-6 and crossheading omitted (14.10.2013 for E.W.N.I.) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 20 para. 9; S.I. 2013/2349, art. 2(3)

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F7Sch. 13 paras. 4-6 and crossheading omitted (14.10.2013 for E.W.N.I.) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 20 para. 9; S.I. 2013/2349, art. 2(3)

Remand of person serving sentence in United KingdomE+W

7In sections 23 and 89 (person serving sentence in United Kingdom), after subsection (2) there is inserted—E+W

(3)In a case where an extradition hearing is adjourned under subsection (2)—

(a)section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months;

(b)Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (period of remand in custody) has effect as if a reference to 28 days in—

(i)paragraph (a)(iii), or

(ii)the words after paragraph (b),

were a reference to six months.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I123Sch. 13 para. 7 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

Remands in connection with appeal proceedingsE+W

8(1)In section 29 (court's powers on appeal under section 28), after subsection (6) there is inserted—E+W

(7)If the court allows the appeal it must remand the person in custody or on bail.

(8)If the court remands the person in custody it may later grant bail.

(2)In section 30 (detention pending conclusion of appeal under section 28)—

(a)for paragraph (b) of subsection (4) there is substituted—

(b)when the High Court—

(i)allows the appeal, or

(ii)dismisses the appeal,

unless, where the appeal is dismissed, the authority immediately informs the court that it intends to apply for leave to appeal to the House of Lords;;

(b)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 ”;

(c)in subsection (5)(a), for “if” there is substituted “ unless ”.

(3)In section 32 (appeal to House of Lords), for subsection (10) there is substituted—

(10)The High Court may grant bail to a person appealing under this section, or applying for leave to appeal under this section, against the dismissal of his appeal under section 26.

(4)In section 33 (powers of House of Lords on appeal under section 32), at the end there is inserted—

(10)In a case where—

(a)subsection (5) applies, or

(b)subsections (7) and (8) apply,

the House of Lords must remand, in custody or on bail, the person in respect of whom the warrant was issued.

(11)If the House of Lords remands the person in custody the High Court may later grant bail.

(5)After section 33 there is inserted—

33ADetention pending conclusion of certain appeals under section 32

(1)This section applies if immediately after the High Court orders the person's discharge the court is informed by the authority which issued the Part 1 warrant that it intends to appeal under section 32.

(2)The court must remand the person in custody or on bail while the appeal under section 32 is pending.

(3)If the court remands the person in custody it may later grant bail.

(4)An appeal under section 32 ceases to be pending at the earliest of these times—

(a)when the proceedings on the appeal are discontinued;

(b)at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the House of Lords against the decision of the High Court on the appeal under section 26 is granted, if no appeal to the House of Lords is brought before the end of that period;

(c)when there is no further step that can be taken by the authority which issued the Part 1 warrant in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).

(5)The preceding provisions of this section do not apply to Scotland.

(6)In section 104 (court's powers on appeal under section 103), after subsection (7) there is inserted—

(8)If the court makes a direction under subsection (1)(b) it must remand the person in custody or on bail.

(9)If the court remands the person in custody it may later grant bail.

(7)In section 106 (court's powers on appeal under section 105), after subsection (8) there is inserted—

(9)If the court—

(a)allows the appeal, or

(b)makes a direction under subsection (1)(b),

it must remand the person in custody or on bail.

(10)If the court remands the person in custody it may later grant bail.

(8)In section 107 (detention pending conclusion of appeal under section 105)—

(a)for paragraph (b) of subsection (4) there is substituted—

(b)when the High Court—

(i)allows the appeal,

(ii)makes a direction under section 106(1)(b), or

(iii)dismisses the appeal,

unless, where the appeal is dismissed, the court is immediately informed on behalf of the category 2 territory of an intention to apply for leave to appeal to the House of Lords;;

(b)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 ”;

(c)in subsection (5)(a), for “if” there is substituted “ unless ”.

(9)In section 111 (court's powers on appeal under section 110), after subsection (5) there is inserted—

(6)If the court allows the appeal it must remand the person in custody or on bail.

(7)If the court remands the person in custody it may later grant bail.

(10)For section 112 there is substituted—

112Detention pending conclusion of appeal under section 110

(1)This section applies in a case where the Secretary of State orders the person's discharge under this Part.

(2)Subject to subsection (3)—

(a)the order made by the appropriate judge under section 92(4) (“the remand order”) remains in force until the end of the period of three days beginning with the day on which the person's discharge is ordered;

(b)if within that period the Secretary of State is informed in writing on behalf of the category 2 territory of an intention to appeal under section 110, the remand order remains in force while the appeal is pending.

(3)If the person is remanded in custody under section 92(4), the appropriate judge may grant bail.

(4)An appeal under section 110 ceases to be pending at the earliest of these times—

(a)when the proceedings on the appeal are discontinued;

(b)when the High Court—

(i)allows the appeal, or

(ii)dismisses the appeal,

unless, where the appeal is dismissed, the court is immediately informed on behalf of the category 2 territory of an intention to apply for leave to appeal to the House of Lords;

(c)at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the House of Lords against the decision of the High Court on the appeal is granted, if no appeal to the House of Lords is brought before the end of that period;

(d)when there is no further step that can be taken on behalf of the category 2 territory in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).

(5)The preceding provisions of this section apply to Scotland with these modifications—

(a)in subsection (4)(b) omit the words from “unless” to the end;

(b)omit subsection (4)(c).

(11)In section 114 (appeal to House of Lords), for subsection (10) there is substituted—

(10)The High Court may grant bail to a person appealing under this section, or applying for leave to appeal under this section, against the dismissal of his appeal under section 103 or 108.

(12)In section 115 (powers of House of Lords on appeal under section 114), after subsection (8) there is inserted—

(9)In a case where subsection (5) or (7) applies, the House of Lords must remand, in custody or on bail, the person whose extradition is requested.

(10)If the House of Lords remands the person in custody the High Court may later grant bail.

(13)After section 115 there is inserted—

115ADetention pending conclusion of certain appeals under section 114

(1)This section applies if—

(a)on an appeal under section 103 or 108 the High Court orders the person's discharge;

(b)immediately after it does so, the court is informed on behalf of the category 2 territory of an intention to appeal under section 114.

(2)The court must remand the person in custody or on bail while the appeal is pending.

(3)If the court remands the person in custody it may later grant bail.

(4)An appeal under section 114 ceases to be pending at the earliest of these times—

(a)when the proceedings on the appeal are discontinued;

(b)at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the House of Lords against the decision of the High Court on the appeal under section 103 or 108 is granted, if no appeal to the House of Lords is brought before the end of that period;

(c)when there is no further step that can be taken on behalf of the category 2 territory in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).

(5)The preceding provisions of this section do not apply to Scotland.

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Commencement Information

I124Sch. 13 para. 8 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

Time for extraditionE+W

9(1)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 ”.E+W

(2)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). ”

(3)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). ”

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Commencement Information

I125Sch. 13 para. 9 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

Extradition of person serving sentence in United KingdomE+W

10(1)Section 37 (undertaking in relation to person serving sentence in United Kingdom) is amended as follows.E+W

(2)In subsection (1), at the end of paragraph (b) there is inserted , either—

(i)in custody, or

(ii)on licence.

(3)In subsection (4), after “in relation to a person” there is inserted “ within subsection (1)(b)(i) who is ”.

(4)After that subsection there is inserted—

(4A)The terms which may be specified by the judge in relation to a person within subsection (1)(b)(ii) who is accused in a category 1 territory of the commission of an offence include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 1 territory for—

(a)the offence, and

(b)any other offence in respect of which he is permitted to be dealt with in the category 1 territory.

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Commencement Information

I126Sch. 13 para. 10 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

11(1)Section 52 (undertaking in relation to person serving sentence in consent cases) is amended as follows.E+W

(2)In subsection (1), at the end of paragraph (b) there is inserted , either—

(i)in custody, or

(ii)on licence.

(3)In subsection (3), after “in relation to a person” there is inserted “ within subsection (1)(b)(i) who is ”.

(4)After that subsection there is inserted—

(3A)The terms which may be specified by the judge in relation to a person within subsection (1)(b)(ii) who is accused in a category 1 territory of the commission of an offence include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 1 territory for—

(a)the offence, and

(b)any other offence in respect of which he is permitted to be dealt with in the category 1 territory.

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Commencement Information

I127Sch. 13 para. 11 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

12In section 59 (return of person to serve remainder of sentence), after paragraph (b) of subsection (1) there is inserted—E+W

(c)the person is not yet entitled to be released from detention pursuant to his sentence (whether on licence or otherwise).

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Commencement Information

I128Sch. 13 para. 12 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

13(1)Section 119 (undertaking in relation to person serving sentence in United Kingdom) is amended as follows.E+W

(2)In subsection (1), at the end of paragraph (b) there is inserted , either—

(i)in custody, or

(ii)on licence.

(3)In subsection (3), after “in relation to a person” there is inserted “ within subsection (1)(b)(i) who is ”.

(4)After that subsection there is inserted—

(3A)The terms which may be specified by the Secretary of State in relation to a person within subsection (1)(b)(ii) who is accused in a category 2 territory of the commission of an offence include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 2 territory for—

(a)the offence, and

(b)any other offence in respect of which he is permitted to be dealt with in the category 2 territory.

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Commencement Information

I129Sch. 13 para. 13 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

14In section 132 (return of person to serve remainder of sentence), after paragraph (b) of subsection (1) there is inserted—E+W

(c)the person is not yet entitled to be released from detention pursuant to his sentence (whether on licence or otherwise).

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Commencement Information

I130Sch. 13 para. 14 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

“The appropriate judge” E+W

15(1)In sections 67 and 139 (the appropriate judge), after subsection (3) there is inserted—E+W

(3A)The use of the expression “the judge” in a section containing a previous reference to “the appropriate judge” or “the judge” does not in itself require both references to be read as referring to the same individual.

(2)In section 187 (re-extradition hearing), for subsection (10) there is substituted—

(10)Section 139 applies for the purposes of this section as it applies for the purposes of Part 2.

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Commencement Information

I131Sch. 13 para. 15 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

16(1)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 ”.E+W

(2)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).

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Commencement Information

I132Sch. 13 para. 16 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

Extradition to category 2 territories: requests and certificatesE+W

17(1)Section 70 (extradition request and certificate) is amended as follows.E+W

(2)In subsection (1)—

(a)after “must” there is inserted “ (subject to subsection (2)) ”;

(b)for the words after “extradition” there is substituted “ of a person to a category 2 territory ”.

(3)For subsection (2) there is substituted—

(2)The Secretary of State may refuse to issue a certificate under this section if—

(a)he has power under section 126 to order that proceedings on the request be deferred,

(b)the person whose extradition is requested has been recorded by the Secretary of State as a refugee within the meaning of the Refugee Convention, or

(c)the person whose extradition is requested has been granted leave to enter or remain in the United Kingdom on the ground that it would be a breach of Article 2 or 3 of the Human Rights Convention to remove him to the territory to which extradition is requested.

(2A)In subsection (2)—

  • Refugee Convention” has the meaning given by section 167(1) of the Immigration and Asylum Act 1999;

  • Human Rights Convention” has the meaning given to “the Convention” by section 21(1) of the Human Rights Act 1998.

(4)In subsection (8)—

(a)the words after “must” become paragraph (a) of that subsection;

(b)at the end of that paragraph there is inserted , and

(b)identify the order by which the territory in question is designated as a category 2 territory.

(5)In subsection (9), for the words after “send” there is substituted “ the request and the certificate to the appropriate judge ”.

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Commencement Information

I133Sch. 13 para. 17 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

Time for representations and consideration of case under Part 2E+W

18(1)Section 93 (Secretary of State's consideration of case) is amended as follows.E+W

(2)In subsection (6) (length of permitted period for representations), for “6 weeks” there is substituted “ 4 weeks ”.

(3)After that subsection there is inserted—

(7)In the case of a person who has consented under section 127 to his extradition, the Secretary of State is not required—

(a)to wait until the end of the permitted period before ordering the person's extradition, or

(b)to consider any representations received after the order is made.

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Commencement Information

I134Sch. 13 para. 18 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

Applications for discharge or for extension of time limitE+W

19(1)Section 99 (time limit for order for extradition or discharge) is amended as follows.E+W

(2)In subsection (2)—

(a)for “the High Court” there is substituted “ the appropriate judge ”;

(b)for “the court” there is substituted “ the judge ”.

(3)In subsection (4)—

(a)for “applies to the High Court” there is substituted “ applies to the appropriate judge ”;

(b)for “the High Court may” there is substituted “ the judge may ”.

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Commencement Information

I135Sch. 13 para. 19 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

Scotland: references to Secretary of StateE+W

20In 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 ”.E+W

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Commencement Information

I136Sch. 13 para. 20 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

Issue of Part 3 warrant: persons unlawfully at large who may be arrested without domestic warrantE+W

21(1)In section 142 (issue of Part 3 warrant), in subsection (1)(b), after “subsection (2)” there is inserted “ , or the condition in subsection (2A), ”.E+W

(2)For subsection (2) of that section there is substituted—

(2)The condition is that—

(a)there are reasonable grounds for believing that the person has committed an extradition offence, and

(b)a domestic warrant has been issued in respect of the person.

(2A)The condition is that—

(a)there are reasonable grounds for believing that the person is unlawfully at large after conviction of an extradition offence by a court in the United Kingdom, and

(b)either a domestic warrant has been issued in respect of the person or the person may (if unlawfully at large as mentioned in paragraph (a)) be arrested without a warrant.

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Commencement Information

I137Sch. 13 para. 21 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

Issue of Part 3 warrant: domestic warrant issued at common law by judge in Northern IrelandE+W

22For subsection (8) of section 142 there is substituted—E+W

(8)A domestic warrant is a warrant for the arrest or apprehension of a person which is issued under any of the provisions referred to in subsection (8A), or at common law by a Crown Court judge in Northern Ireland.

(8A)The provisions are—

(a)section 72 of the Criminal Justice Act 1967;

(b)section 7 of the Bail Act 1976;

(c)section 51 of the Judicature (Northern Ireland) Act 1978;

(d)section 1 of the Magistrates' Courts Act 1980;

(e)Article 20 or 25 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26));

(f)the Criminal Procedure (Scotland) Act 1995.

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Commencement Information

I138Sch. 13 para. 22 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

Dealing with person for pre-extradition offences following extradition to UKE+W

23In 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 ”.E+W

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Commencement Information

I139Sch. 13 para. 23 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

Extradition requests to territories not applying European framework decision to old casesE+W

24After section 155 there is inserted—E+W

155ACategory 1 territories not applying framework decision to old cases

(1)This section applies to a category 1 territory that deals with European extradition requests otherwise than in accordance with the system provided for in the European framework decision if they relate to acts committed before a particular date (“the relevant date”).

(2)In the case of a territory to which this section applies, the Secretary of State has the same powers to request a person's extradition in relation to acts committed before the relevant date as he would have in the case of a category 2 territory.

(3)The Secretary of State may by order provide that, in the case of an extradition request which—

(a)is made to a specified category 1 territory to which this section applies, and

(b)relates to acts committed before the relevant date,

this Part is to have effect as if that territory were a category 2 territory, and with such modifications as may be specified.

(4)In this section—

  • European extradition request” means a request for extradition made by the United Kingdom or a category 1 territory;

  • European framework decision” means the framework decision of the Council of the European Union made on 13 June 2002 on the European arrest warrant and the surrender procedures between member states (2002/584/JHA);

  • specified”, in relation to an order under this section, means specified in the order.

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Commencement Information

I140Sch. 13 para. 24 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

Extradition of serving prisonerE+W

25After section 197 there is inserted—E+W

197AExtradition of serving prisoner

If an order is made under Part 1 or 2 for the extradition of a person who is serving a sentence of imprisonment or another form of detention in the United Kingdom, the order is sufficient authority for the person to be removed from the prison or other institution where he is detained.

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Commencement Information

I141Sch. 13 para. 25 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

Authentication of receivable documentsE+W

26In section 202 (receivable documents), in subsection (4) (persons who may authenticate documents)—E+W

(a)in paragraph (a), for “other judicial authority” there is substituted “ officer ”;

(b)after that paragraph there is inserted—

(aa)it purports to be certified, whether by seal or otherwise, by the Ministry or Department of the territory responsible for justice or for foreign affairs;.

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Commencement Information

I142Sch. 13 para. 26 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

Part 2 E+WAmendments to other Acts

Powers of High Court in relation to bail decisions by magistrates' court etcE+W

27(1)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.E+W

(2)After subsection (1) (application to grant bail etc where case stated to High Court) there is inserted—

(1A)Where a magistrates' court withholds bail in extradition proceedings or imposes conditions in granting bail in extradition proceedings, the High Court may grant bail or vary the conditions.

(3)In subsection (4) (which defines certain terms used in section 22), after “ “bail in criminal proceedings”” there is inserted “ , “extradition proceedings” .

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Commencement Information

I143Sch. 13 para. 27 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

28In 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 ”.E+W

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Commencement Information

I144Sch. 13 para. 28 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

29(1)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.E+W

(2)After subsection (1) there is inserted—

(1A)Where a magistrates' court grants bail to a person in connection with extradition proceedings, the prosecution may appeal to the High Court against the granting of bail.

(3)In subsection (3), after “subsection (1)” there is inserted “ or (1A) ”.

(4)In subsection (4)—

(a)after “subsection (1)” there is inserted “ or (1A) ”;

(b)for “the magistrates' court” there is substituted “ the court which has granted bail ”.

(5)In subsections (5) and (6), for “the magistrates' court” there is substituted “ the court which has granted bail ”.

(6)In subsection (8)—

(a)after “subsection (1)” there is inserted “ or (1A) ”;

(b)“magistrates'” is omitted.

(7)After subsection (11) there is inserted—

(12)In this section—

  • extradition proceedings” means proceedings under the Extradition Act 2003;

  • “magistrates' court” and “court”, in relation to extradition proceedings, mean a resident magistrate designated in accordance with section 67 or section 139 of the Extradition Act 2003;

  • prosecution”, in relation to extradition proceedings, means the person acting on behalf of the territory to which extradition is sought.

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Commencement Information

I145Sch. 13 para. 29 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

30After section 10 of the Justice (Northern Ireland) Act 2004 there is inserted—E+W

10AProsecution right of appeal against grant of bail by county court judge in extradition proceedings

(1)Section 10 applies to the granting of bail by a county court judge in extradition proceedings as it applies to the granting of bail by a magistrates' court in such proceedings; and references in that section to a magistrates' court shall be construed accordingly.

(2)In this section “extradition proceedings” has the same meaning as in section 10.

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Commencement Information

I146Sch. 13 para. 30 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

Credit against sentence for periods of remand in custody of persons extradited to UKE+W

31In 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 ”.E+W

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Commencement Information

I147Sch. 13 para. 31 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

32In section 101 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (detention and training orders: term of order, taking account of remands, etc), after subsection (12) there is inserted—E+W

(12A)Section 243 of the Criminal Justice Act 2003 (persons extradited to the United Kingdom) applies in relation to a person sentenced to a detention and training order as it applies in relation to a fixed-term prisoner, with the reference in subsection (2) of that section to section 240 being read as a reference to subsection (8) above.

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Commencement Information

I148Sch. 13 para. 32 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

F833. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Amendments consequential on amendments in Part 1E+W

34In 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 ”.E+W

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Commencement Information

I149Sch. 13 para. 34 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

35In 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)—E+W

(a)after paragraph (b) there is inserted—

(ba)section 33A (detention pending conclusion of certain appeals under section 32);;

(b)after paragraph (i) there is inserted—

(ia)section 115A (detention pending conclusion of certain appeals under section 114);.

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Commencement Information

I150Sch. 13 para. 35 in force at 15.1.2007 by S.I. 2006/3364, art. 2(e)

Section 52

SCHEDULE 14E+W+S+N.I.Minor and consequential amendments

Prison Act 1952 (c. 52)E+W+S+N.I.

1(1)Section 52 of the Prison Act 1952 (exercise of power to make orders, rules and regulations) is amended as follows.E+W+S+N.I.

(2)In subsection (1), after “of this Act” there is inserted “ or under Schedule A1 to this Act ”.

(3)After subsection (2) there is inserted—

(2A)A statutory instrument containing an order under Schedule A1 to this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)In subsection (3), after “of this Act” there is inserted “ or under Schedule A1 to this Act ”.

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Commencement Information

I151Sch. 14 para. 1 in force at 1.4.2007 by S.I. 2007/709, art. 3(p) (with arts. 6, 7)

Criminal Damage Act 1971 (c. 48)E+W+S+N.I.

2In section 10 of the Criminal Damage Act 1971 (interpretation), after subsection (4) there is inserted—E+W+S+N.I.

(5)For the purposes of this Act a modification of the contents of a computer shall not be regarded as damaging any computer or computer storage medium unless its effect on that computer or computer storage medium impairs its physical condition.

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Commencement Information

I152Sch. 14 para. 2 in force at 1.10.2008 for E.W.N.I. by S.I. 2008/2503, art. 2(c)

Superannuation Act 1972 (c. 11)E+W+S+N.I.

3(1)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). ”E+W+S+N.I.

(2)The amendment made by sub-paragraph (1) shall be deemed always to have had effect.

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Commencement Information

I153Sch. 14 para. 3 in force at 15.1.2007 by S.I. 2006/3364, art. 2(k) (as amended by S.I. 2007/29, art. 2)

Police Pensions Act 1976 (c. 35)E+W+S+N.I.

4(1)In section 11 of the Police Pensions Act 1976 (interpretation), after subsection (6) there is inserted—E+W+S+N.I.

(7)References in this Act to an inspector or assistant inspector of constabulary, and to service as such, do not have effect in relation to cases in which the person in question—

(a)was appointed on or after 1st January 1999, and

(b)did not serve as a member of a police force at any time before his appointment took effect.

(2)The amendment made by sub-paragraph (1) shall be deemed always to have had effect.

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Commencement Information

I154Sch. 14 para. 4 in force at 15.1.2007 by S.I. 2006/3364, art. 2(k) (as amended by S.I. 2007/29, art. 2)

Bail Act 1976 (c. 63)E+W+S+N.I.

5In subsection (1) of—E+W+S+N.I.

(a)section 3A of the Bail Act 1976 (conditions of bail in case of police bail), and

(b)section 5A of that Act (supplementary provisions in cases of police bail),

after “Part IV of the Police and Criminal Evidence Act 1984” there is inserted “ or Part 3 of the Criminal Justice Act 2003 ”.

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Commencement Information

I155Sch. 14 para. 5 in force at 1.4.2007 by S.I. 2007/709, art. 3(p) (with arts. 6, 7)

Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4))E+W+S+N.I.

6In Article 12 of the Criminal Damage (Northern Ireland) Order 1977 (meaning of property, etc), after paragraph (4) there is inserted—E+W+S+N.I.

(5)For the purposes of this Order a modification of the contents of a computer shall not be regarded as damaging any computer or computer storage medium unless its effect on that computer or computer storage medium impairs its physical condition.

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Commencement Information

I156Sch. 14 para. 6 in force at 1.10.2008 for E.W.N.I. by S.I. 2008/2503, art. 2(c)

Prospective

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)E+W+S+N.I.

7In Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (control of sex establishments), in paragraph 1(b)(ii), for “section 5 of” there is substituted “ the Schedule to ”.E+W+S+N.I.

Aviation Security Act 1982 (c. 36)E+W+S+N.I.

8(1)Part 3 of the Aviation Security Act 1982 (policing of airports) is amended as follows.E+W+S+N.I.

(2)In the heading to that Part, for “AIRPORTS” there is substituted “ AERODROMES ”.

(3)Between section 24B (inserted by section 12 above) and section 25 of that Act there is inserted— “ Policing of designated airports ”.

(4)Subsections (1), (4) and (5) of section 27 of that Act (prevention of theft at designated airports) are omitted.

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Commencement Information

I157Sch. 14 para. 8 in force at 1.4.2007 by S.I. 2007/709, art. 3(p) (with arts. 6, 7)

Police and Criminal Evidence Act 1984 (c. 60)E+W+S+N.I.

9In section 37 of the Police and Criminal Evidence Act 1984 (duties of custody officer before charge), in subsection (7B)—E+W+S+N.I.

(a)for “released under subsection (7)(a)” there is substituted “ dealt with under subsection (7)(a) ”;

(b)after “he is being released” there is inserted “ , or (as the case may be) detained, ”.

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Commencement Information

I158Sch. 14 para. 9 in force at 15.1.2007 by S.I. 2006/3364, art. 2(k) (as amended by S.I. 2007/29, art. 2)

10(1)Section 37B of that Act (consultation with the Director of Public Prosecutions) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “released on bail under section 37(7)(a)” there is substituted “ dealt with under section 37(7)(a) ”.

(3)In subsection (4), for “shall give written notice” there is substituted “ shall give notice ”.

(4)After that subsection there is inserted—

(4A)Notice under subsection (4) above shall be in writing, but in the case of a person kept in police detention under section 37(7)(a) above it may be given orally in the first instance and confirmed in writing subsequently.

(5)In subsection (8), for paragraph (a) there is substituted—

(a)when he is in police detention at a police station (whether because he has returned to answer bail, because he is detained under section 37(7)(a) above or for some other reason), or.

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Commencement Information

I159Sch. 14 para. 10 in force at 15.1.2007 by S.I. 2006/3364, art. 2(k) (as amended by S.I. 2007/29, art. 2)

11In section 64A of that Act (photographing of suspects etc), in subsection (1B), after paragraph (f) there is inserted ; or E+W+S+N.I.

(g)given a notice in relation to a relevant fixed penalty offence (within the meaning of Schedule 5A to the 2002 Act) by an accredited inspector by virtue of accreditation specifying that paragraph 1 of Schedule 5A to the 2002 Act applies to him.

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Commencement Information

I160Sch. 14 para. 11 in force at 1.4.2007 by S.I. 2007/709, art. 3(p) (with arts. 6, 7)

Housing Act 1985 (c. 68)E+W+S+N.I.

12(1)Section 82A of the Housing Act 1985 (demotion because of anti-social behaviour) is amended as follows.E+W+S+N.I.

(2)In subsection (4)(a), for the words from “engage in” to the end there is substituted engage in—

(i)housing-related anti-social conduct, or

(ii)conduct to which section 153B of the Housing Act 1996 (use of premises for unlawful purposes) applies, and.

F9(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I161Sch. 14 para. 12 in force at 6.4.2007 for E. by S.I. 2007/709, art. 4(c) (with art. 8)

13(1)Section 121A of that Act (order suspending right to buy because of anti-social behaviour) is amended as follows.E+W+S+N.I.

(2)In subsections (3)(a) and (7)(a), for the words from “engage in” to the end there is substituted engage in—

(i)housing-related anti-social conduct, or

(ii)conduct to which section 153B of the Housing Act 1996 (use of premises for unlawful purposes) applies, and.

F10(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I162Sch. 14 para. 13 in force at 6.4.2007 for E. by S.I. 2007/709, art. 4(c) (with art. 8)

Criminal Justice Act 1988 (c. 33)E+W+N.I.

14In 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) ”.E+W+N.I.

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Commencement Information

I163Sch. 14 para. 14 in force at 1.4.2007 by S.I. 2007/709, art. 3(p) (with arts. 6, 7)

Prospective

Housing Act 1988 (c. 50)E+W+S+N.I.

F1115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Local Government and Housing Act 1989 (c. 42)E+W+S+N.I.

16In 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 ”.E+W+S+N.I.

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Commencement Information

I164Sch. 14 para. 16 in force at 1.4.2007 by S.I. 2007/709, art. 3(p) (with arts. 6, 7)

Computer Misuse Act 1990 (c. 18)E+W+S+N.I.

17In 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—E+W+S+N.I.

(5)A person guilty of an offence under this section shall be liable—

(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;

(b)on summary conviction in Scotland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;

(c)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.

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Commencement Information

I165Sch. 14 para. 17 in force at 1.10.2007 for S. by S.S.I. 2007/434, art. 2(c)

I166Sch. 14 para. 17 in force at 1.10.2008 for E.W.N.I. by S.I. 2008/2503, art. 2(c)

18In the heading to section 4 of that Act (territorial scope of offences under that Act), for “offences under this Act” there is substituted offences under sections 1 to 3.E+W+S+N.I.

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Commencement Information

I167Sch. 14 para. 18 in force at 1.10.2007 for S. by S.S.I. 2007/434, art. 2(c)

I168Sch. 14 para. 18 in force at 1.10.2008 for E.W.N.I. by S.I. 2008/2503, art. 2(c)

19(1)Section 5 of that Act (significant links with domestic jurisdiction) is amended as follows.E+W+S+N.I.

(2)[F12In subsection (2), for paragraph (b) there is substituted—

(b)that any computer containing any program or data to which the accused by doing that act secured or intended to secure unauthorised access, or enabled or intended to enable unauthorised access to be secured, was in the home country concerned at that time.]

(3)In subsection (3)—

(a)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) ”;

(b)for paragraph (b) there is substituted—

(b)that the unauthorised act was done in relation to a computer in the home country concerned.

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Amendments (Textual)

F12Sch. 14 para. 19(2) repealed (E.W.N.I.) (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 61(5), 94(1), Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)(i)

Commencement Information

I169Sch. 14 para. 19 in force at 1.10.2007 for S. by S.S.I. 2007/434, art. 2(c)

I170Sch. 14 para. 19 in force at 1.10.2008 for E.W.N.I. by S.I. 2008/2503, art. 2(c)

20In section 6 of that Act (territorial scope of inchoate offences)—E+W+S+N.I.

(a)in the heading, for “offences under this Act” there is substituted offences under sections 1 to 3;

(b)in subsections (1) and (3), for “offence under this Act” there is substituted “ offence under section 1, 2 or 3 above ”.

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Commencement Information

I171Sch. 14 para. 20 in force at 1.10.2008 for E.W.N.I. by S.I. 2008/2503, art. 2(c)

21In section 7 of that Act (territorial scope of inchoate offences related to offences under external law)—E+W+S+N.I.

(a)in the heading, for “offences under this Act” there is substituted offences under sections 1 to 3;

(b)in subsection (4), for “offence under this Act” there is substituted, in each place, “ offence under section 1, 2 or 3 above ”.

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Commencement Information

I172Sch. 14 para. 21 in force at 1.10.2008 for E.W.N.I. by S.I. 2008/2503, art. 2(c)

22In section 9 of that Act (British citizenship immaterial), in paragraphs (a) and (d) of subsection (2), for “offence under this Act” there is substituted “ offence under section 1, 2 or 3 above ”.E+W+S+N.I.

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Commencement Information

I173Sch. 14 para. 22 in force at 1.10.2008 for E.W.N.I. by S.I. 2008/2503, art. 2(c)

23Section 11 of that Act (proceedings for offences under section 1) is repealed.E+W+S+N.I.

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Commencement Information

I174Sch. 14 para. 23 in force at 1.10.2008 for E.W.N.I. by S.I. 2008/2503, art. 2(c)

24Section 12 of that Act (conviction of an offence under section 1 in proceedings for an offence under section 2 or 3) is repealed.E+W+S+N.I.

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Commencement Information

I175Sch. 14 para. 24 in force at 1.10.2008 for E.W.N.I. by S.I. 2008/2503, art. 2(c)

25(1)Section 13 of that Act (proceedings in Scotland) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for paragraph (b) there is substituted—

(b)any computer containing any program or data to which the accused by doing that act secured or intended to secure unauthorised access, or enabled or intended to enable unauthorised access to be secured, was in the sheriffdom at that time.

(3)In subsection (2)—

(a)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) ”;

(b)for paragraph (b) there is substituted—

(b)the unauthorised act was done in relation to a computer in the sheriffdom.

(4)Subsections (3) to (7) are omitted.

(5)In subsection (8), the words from “commenced” to the end are omitted.

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Commencement Information

I176Sch. 14 para. 25 in force at 1.10.2007 for S. by S.S.I. 2007/434, art. 2(c)

26Section 14 of that Act (search warrants for offences under section 1) is repealed.E+W+S+N.I.

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Commencement Information

I177Sch. 14 para. 26 in force at 1.10.2008 for E.W.N.I. by S.I. 2008/2503, art. 2(c)

27(1)Section 16 of that Act (application to Northern Ireland) is amended as follows.E+W+S+N.I.

(2)After subsection (1) there is inserted—

(1A)In section 1(3)(a)—

(a)the reference to England and Wales shall be read as a reference to Northern Ireland; and

(b)the reference to 12 months shall be read as a reference to six months.

(3)After subsection (2) there is inserted—

(2A)In section 2(5)(a)—

(a)the reference to England and Wales shall be read as a reference to Northern Ireland; and

(b)the reference to 12 months shall be read as a reference to six months.

(4)Subsection (3) is omitted.

(5)Before subsection (4) there is inserted—

(3A)In section 3(6)(a)—

(a)the reference to England and Wales shall be read as a reference to Northern Ireland; and

(b)the reference to 12 months shall be read as a reference to six months.

(6)After the subsection inserted by sub-paragraph (5) there is inserted—

(3B)In section 3A(5)(a)—

(a)the reference to England and Wales shall be read as a reference to Northern Ireland; and

(b)the reference to 12 months shall be read as a reference to six months.

(7)Subsections (10), (11) and (12) are omitted.

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Commencement Information

I178Sch. 14 para. 27 in force at 1.10.2008 for E.W.N.I. by S.I. 2008/2503, art. 2(c)

28After that section there is inserted—E+W+S+N.I.

16ANorthern Ireland: search warrants for offences under section 1

(1)Where a county court judge is satisfied by information on oath given by a constable that there are reasonable grounds for believing—

(a)that an offence under section 1 above has been or is about to be committed in any premises, and

(b)that evidence that such an offence has been or is about to be committed is in those premises,

he may issue a warrant authorising a constable to enter and search the premises, using such reasonable force as is necessary.

(2)The power conferred by subsection (1) above does not extend to authorising a search for material of the kinds mentioned in Article 11(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (privileged, excluded and special procedure material).

(3)A warrant under this section—

(a)may authorise persons to accompany any constable executing the warrant; and

(b)remains in force for twenty-eight days from the date of its issue.

(4)In exercising a warrant issued under this section a constable may seize an article if he reasonably believes that it is evidence that an offence under section 1 above has been or is about to be committed.

(5)In this section “premises” includes land, buildings, movable structures, vehicles, vessels, aircraft and hovercraft.

(6)This section extends only to Northern Ireland.

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Commencement Information

I179Sch. 14 para. 28 in force at 1.10.2008 for N.I. by S.I. 2008/2503, art. 3(b)

29(1)Section 17 of that Act (interpretation) is amended as follows.E+W+S+N.I.

(2)[F13In subsection (2), after “such access” there is inserted “ or to enable such access to be secured ”.]

(3)Subsection (7) is omitted.

(4)For subsection (8) there is substituted—

(8)An act done in relation to a computer is unauthorised if the person doing the act (or causing it to be done)—

(a)is not himself a person who has responsibility for the computer and is entitled to determine whether the act may be done; and

(b)does not have consent to the act from any such person.

In this subsection “act” includes a series of acts.

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Amendments (Textual)

F13Sch. 14 para. 29(2) repealed (E.W.N.I.) (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 61(5), 94(1), Sch. 14 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)(i)

Commencement Information

I180Sch. 14 para. 29 in force at 1.10.2007 for S. by S.S.I. 2007/434, art. 2(c)

I181Sch. 14 para. 29 in force at 1.10.2008 for E.W.N.I. by S.I. 2008/2503, art. 2(c)

Police Act 1996 (c. 16)E+W+S+N.I.

30In section 91 of the Police Act 1996 (offence of causing disaffection amongst members of police forces etc), after subsection (2) there is inserted—E+W+S+N.I.

(3)Liability under subsection (1) for any behaviour is in addition to any civil liability for that behaviour.

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Commencement Information

I182Sch. 14 para. 30 in force at 1.4.2007 by S.I. 2007/709, art. 3(p) (with arts. 6, 7)

Employment Rights Act 1996 (c. 18)E+W+S+N.I.

31In section 50 of the Employment Rights Act 1996 (right to time off for public duties), for paragraph (c) of subsection (2) there is substituted—E+W+S+N.I.

(c)a police authority established under section 3 of the Police Act 1996 or the Metropolitan Police Authority,.

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Commencement Information

I183Sch. 14 para. 31 in force at 1.4.2007 by S.I. 2007/709, art. 3(p) (with arts. 6, 7)

Housing Act 1996 (c. 52)E+W+S+N.I.

F1432. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F1533. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Police Act 1997 (c. 50)E+W+S+N.I.

34In 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—E+W+S+N.I.

(a)in the case of an authorising officer within paragraph (a) of section 93(5), means—

(i)the person who is the appropriate deputy chief constable for the purposes of section 12A(1) of the Police Act 1996, or

(ii)the person holding the rank of assistant chief constable designated to act under section 12A(2) of that Act;.

Audit Commission Act 1998 (c. 18)E+W+S+N.I.

F1635. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Prospective

Crime and Disorder Act 1998 (c. 37)E+W+S+N.I.

36In section 38(4) of the Crime and Disorder Act 1998 (meaning of “youth justice services”), in paragraph (ee), for “sections 25 to 27” there is substituted “ sections 25, 26 and 27 ”.E+W+S+N.I.

Youth Justice and Criminal Evidence Act 1999 (c. 23)E+W+N.I.

37(1)The Youth Justice and Criminal Evidence Act 1999 is amended as follows.E+W+N.I.

(2)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 ”.

(3)In section 47, in subsection (2)(a), after “section 19”, in the first place it occurs, there is inserted “ , 33A ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I184Sch. 14 para. 37 in force at 1.4.2007 by S.I. 2007/709, art. 3(p) (with arts. 6, 7)

Prospective

Local Government Act 2000 (c. 22)E+W+S+N.I.

38(1)Section 21 of the Local Government Act 2000 (overview and scrutiny committees) is amended as follows.E+W+S+N.I.

(2)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) ”.

(3)In subsection (10), after “Schedule 1” there is inserted “ and to section 20(6) of the Police and Justice Act 2006 ”.

Regulation of Investigatory Powers Act 2000 (c. 23)E+W+S+N.I.

39In 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—E+W+S+N.I.

(a)in relation to the chief constable for a police force in England and Wales, means—

(i)the person who is the appropriate deputy chief constable for the purposes of section 12A(1) of the Police Act 1996, or

(ii)a person holding the rank of assistant chief constable who is designated to act under section 12A(2) of that Act;

(aa)in relation to the chief constable for a police force in Scotland, means—

(i)a person holding the rank of deputy chief constable and, where there is more than one person in the police force who holds that rank, who is designated as the officer having the powers and duties conferred on a deputy chief constable by section 5A(1) of the Police (Scotland) Act 1967, or

(ii)a person holding the rank of assistant chief constable who is designated to act under section 5A(2) of that Act;.

Police Reform Act 2002 (c. 30)E+W+S+N.I.

40In section 9 of the Police Reform Act 2002 (the Independent Police Complaints Commission), in subsection (3)(d), after “section 41” there is inserted “ or 41A ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I185Sch. 14 para. 40 in force at 1.4.2007 by S.I. 2007/709, art. 3(p) (with arts. 6, 7)

Prospective

41In section 40 of that Act (community safety accreditation schemes), subsection (7) is omitted.E+W+S+N.I.

42In section 41 of that Act (accreditation under community safety accreditation schemes), after subsection (4) there is inserted—E+W+S+N.I.

(4A)A chief officer of police may not grant accreditation under this section to a weights and measures inspector.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I186Sch. 14 para. 42 in force at 1.4.2007 by S.I. 2007/709, art. 3(p) (with arts. 6, 7)

43(1)Section 42 of that Act (supplementary provisions relating to designations and accreditations) is amended as follows.E+W+S+N.I.

(2)In subsection (1), after “section 41” there is inserted “ or 41A ”.

(3)In subsection (3)—

(a)after “or 41” there is inserted “ or an accreditation to any weights and measures inspector under section 41A ”;

(b)after “accredited person” there is inserted “ or the accredited inspector ”.

(4)After subsection (6) there is inserted—

(6A)Where the accreditation of a weights and measures inspector under section 41A is modified or withdrawn, the chief officer giving notice of the modification or withdrawal shall send a copy of the notice to the local weights and measures authority by which the inspector was appointed.

(5)After subsection (10) there is inserted—

(11)For the purposes of determining liability for the unlawful conduct of weights and measures inspectors, conduct by such an inspector in reliance or purported reliance on an accreditation under section 41A shall be taken to be conduct in the course of his duties as a weights and measures inspector; and, in the case of a tort, the local weights and measures authority by which he was appointed shall fall to be treated as a joint tortfeasor accordingly.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I187Sch. 14 para. 43 in force at 1.4.2007 by S.I. 2007/709, art. 3(p) (with arts. 6, 7)

44(1)Section 46 of that Act (offences against designated and accredited persons etc) is amended as follows.E+W+S+N.I.

(2)In subsections (1) and (2)—

(a)before the “or” following paragraph (b) there is inserted—

(ba)an accredited inspector in the execution of his duty,;

(b)in paragraph (c), after “accredited person” there is inserted “ or an accredited inspector ”.

(3)In subsection (3)—

(a)in paragraph (a), for “or an accredited person” there is substituted “ , an accredited person or an accredited inspector ”;

(b)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 ”;

(c)in paragraph (c), after “accredited person” there is inserted “ or as an accredited inspector ”.

(4)In subsection (4), for “or accredited person” there is substituted “ , accredited person or accredited inspector ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I188Sch. 14 para. 44 in force at 1.4.2007 by S.I. 2007/709, art. 3(p) (with arts. 6, 7)

45In section 47 of that Act (interpretation of Chapter 1), in subsection (1) the following definitions are inserted at the appropriate places—E+W+S+N.I.

  • accredited inspector” means a weights and measures inspector in relation to whom an accreditation under section 41A is for the time being in force;;

weights and measures inspector” means an inspector of weights and measures appointed under section 72(1) of the Weights and Measures Act 1985.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I189Sch. 14 para. 45 in force at 1.4.2007 by S.I. 2007/709, art. 3(p) (with arts. 6, 7)

46In 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I190Sch. 14 para. 46 in force at 1.4.2007 by S.I. 2007/709, art. 3(p) (with arts. 6, 7)

Railways and Transport Safety Act 2003 (c. 20)E+W+S+N.I.

47In section 19 of the Railways and Transport Safety Act 2003 (exercise of functions by British Transport Police Authority)—E+W+S+N.I.

(a)at the end of paragraph (d) there is inserted “ and ”;

(b)paragraph (f) is omitted.

48In section 28(1) of that Act (police powers for British Transport Police Authority employees), after paragraph (a) there is inserted—E+W+S+N.I.

(aa)section 38A (standard powers and duties of community support officers),.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I191Sch. 14 para. 48 in force at 1.4.2007 by S.I. 2007/709, art. 3(p) (with arts. 6, 7)

49In section 50 of that Act (policing objectives set by British Transport Police Authority), for paragraphs (c) and (d) of subsection (3) there is substituted and E+W+S+N.I.

(c)have regard to any strategic priorities determined for that year by the Secretary of State under section 37A of the Police Act 1996 (strategic priorities for police authorities).

50In section 52 of that Act (railways policing plan), for subsection (7) there is substituted—E+W+S+N.I.

(7)In preparing a plan the Chief Constable and the Authority shall have regard to any guidance given by the Secretary of State about railways policing plans.

(7A)Before issuing or revising any guidance under subsection (7) the Secretary of State shall consult—

(a)the Authority,

(b)the Chief Constable, and

(c)such other persons as the Secretary of State thinks fit.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I192Sch. 14 para. 50 in force at 14.11.2008 by S.I. 2008/2785, art. 3(b)

51(1)Section 55 of that Act (three-year strategy plan) is amended as follows.E+W+S+N.I.

(2)In subsection (1), after “a plan” there is inserted “ (“a three-year strategy plan”) ”.

(3)For subsections (2) and (3) there is substituted—

(2)Before a three-year strategy plan for any period is issued by the Authority, a draft of a plan setting out medium-term and long-term strategies for policing the railways during that period must have been prepared by the Chief Constable and submitted by him to the Authority for its consideration.

(3)In preparing the draft plan, the Chief Constable shall have regard to opinions expressed in accordance with section 62.

(4)The Authority may modify a three-year strategy plan which it has issued for a particular period at any time during that period.

(5)The Secretary of State may—

(a)issue guidance to the Authority and to the Chief Constable as to—

(i)the matters to be contained in any three-year strategy plan, and

(ii)the form to be taken by any such plan,

and

(b)revise and modify that guidance from time to time.

(6)Before issuing or revising any guidance under subsection (5) the Secretary of State shall consult—

(a)the Authority,

(b)the Chief Constable, and

(c)such other persons as the Secretary of State thinks fit.

(7)When issuing, preparing or modifying a three-year strategy plan or a draft of such a plan, the Authority or (as the case may be) the Chief Constable shall have regard to—

(a)any guidance issued by the Secretary of State under subsection (5),

(b)any objectives set by the Secretary of State under section 51 for a financial year falling within the period to which the plan relates,