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Statutory Instruments

2005 No. 3106

POLICE, ENGLAND AND WALES

The National Police Records (Recordable Offences) (Amendment) Regulations 2005

Made

6th November 2005

Laid before Parliament

9th November 2005

Coming into force

1st December 2005

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 27(4) of the Police and Criminal Evidence Act 1984(1).

1.  These Regulations may be cited as the National Police Records (Recordable Offences) (Amendment) Regulations 2005 and shall come into force on 1st December 2005.

2.—(1) The Schedule to the National Police Records (Recordable Offences) Regulations 2000(2) shall be amended as follows.

(2) For paragraphs 19 to 24 there is substituted—

19.  section 59(5) of the Licensing Act 2003(3) (offence of obstructing an authorised person inspecting premises before the grant of a licence etc.);

20.  section 82(6) of the Licensing Act 2003 (offence of failing to notify change of name or alteration of rules of club);

21.  section 96(5) of the Licensing Act 2003 (offence of obstructing an authorised person inspecting premises before the grant of a certificate etc.);

22.  section 108(3) of the Licensing Act 2003 (offence of obstructing an authorised person exercising a right of entry where a temporary event notice has been given);

23.  section 123(2) of the Licensing Act 2003 (offence of failing to notify licensing authority of convictions during application period);

24.  section 128(6) of the Licensing Act 2003 (offence of failing to notify court of personal licence);

24A.  section 138(1) of the Licensing Act 2003 (offence of keeping alcohol on premises for unauthorised sale etc.);

24B.  section 140(1) of the Licensing Act 2003 (offence of allowing disorderly conduct on licensed premises etc.);

24C.  section 141(1) of the Licensing Act 2003 (offence of selling alcohol to a person who is drunk);

24D.  section 142(1) of the Licensing Act 2003 (offence of obtaining alcohol for a person who is drunk);

24E.  section 143(1) of the Licensing Act 2003 (offence of failing to leave licensed premises etc.);

24F.  section 144(1) of the Licensing Act 2003 (offence of keeping smuggled goods);

24G.  section 145(1) of the Licensing Act 2003 (offence of allowing unaccompanied children on certain premises);

24H.  section 146(1) and (3) of the Licensing Act 2003 (offence of selling alcohol to children);

24I.  section 147(1) of the Licensing Act 2003 (offence of allowing sale of alcohol to children);

24J.  section 149(1), (3) and (4) of the Licensing Act 2003 (offence of purchasing alcohol by or on behalf of children);

24K.  section 150(1) and (2) of the Licensing Act 2003 (offence of consumption of alcohol on relevant premises by children);

24L.  section 151(1), (2) and (4) of the Licensing Act 2003 (offence of delivering alcohol to children);

24M.  section 152 (1) of the Licensing Act 2003 (offence of send a child to obtain alcohol);

24N.  section 153(1) of the Licensing Act 2003 (offence of allowing unsupervised sales by children);

24O.  section 158(1) of the Licensing Act 2003 (offence of making false statements);

24P.  section 160(4) of the Licensing Act 2003 (offence of allowing premises to remain open following a closure order);

24Q.  section 179(4) of the Licensing Act 2003 (offence of obstructing authorised person exercising rights of entry to investigate licensable activities);.

(3) Paragraphs 46 to 49 are revoked.

Paul Goggins

Parliamentary Under Secretary of State

Home Office

6th November 2005

Explanatory Note

(This note is not part of the Order)

These Regulations amend the Schedule to the National Police Records (Recordable Offences) Regulations 2000. The Schedule lists those offences which are recordable but which do not attract the possibility of a custodial sentence.

Regulation 2(2) adds a number of offences under the Licensing Act 2003 to the list of recordable offences and removes references to offences under the Licensing Act 1964. Regulation 2(3) deletes references to offences which are repealed by the Licensing Act 2003.

(1)

1984 c. 60; there have been amendments to section 27 which are not relevant to these Regulations.

(2)

S.I. 2000/1139; amendments to the Schedule were made by S.I. 2003/2823.