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Policing and Crime Act 2017

Contents

Territorial extent and application

  1. Section 183 sets out the territorial extent of the Act, that is, the jurisdictions of which the Act forms part of the law. The extent of an Act can be different from its application. Application is about where an Act produces a practical effect.
  2. Subject to certain exceptions, the provisions of the Act extend and apply to England and Wales only. The commentary on individual provisions of the Act includes a paragraph explaining their extent and application, however, the main exceptions are:
    • Part 1: Emergency services collaboration – these provisions extend to England and Wales, but apply to England only;
    • Part 2, section 21(2) and (3): References to England and Wales in connection with IPCC functions - these subsections extend to the United Kingdom but apply to England and Wales only;
    • Part 2, section 29(8) and Schedule 7: Disciplinary proceedings against former members of the Ministry of Defence Police ("MDP"), British Transport Police ("BTP") and Civil Nuclear Constabulary ("CNC") - these provisions insofar as they relate to MDP extend and apply to the United Kingdom and insofar as they relate to BTP and CNC extend and apply to Great Britain;
    • Part 2, section 37(6): Duty on Director General of the National Crime Agency to respond to inspection report – this subsection extends and applies to the United Kingdom;
    • Part 3, section 39(3): Application of the Firearms Act 1968 to special constables and police volunteers – this subsection extends and applies to Great Britain;
    • Part 3, section 45 and Schedule 12: Further amendments to enactments consequential upon the extension of powers of police civilian staff and police volunteers – the amendments to the Railways and Transport Safety Act 2003 relating to the powers of BTP civilian staff extend and apply to Great Britain;
    • Part 4, sections 68 and 69: Breach of pre-charge bail conditions relating to travel – these sections extend and apply to England and Wales and Northern Ireland;
    • Part 4, section 71: Retention of fingerprints and DNA profiles under the Terrorism Act 2000 - these provisions extend and apply to the United Kingdom;
    • Part 4, section 76(3): PACE: audio recordings of interviews – this subsection extends and applies to the United Kingdom;
    • Part 4, sections 84(2) to (5), 86 to 92, 95, 96(2) to (7), 98 to 104 and 106: Maritime enforcement powers - these provisions extend and apply to Great Britain insofar as they provide for hot pursuit of vessels into England and Wales or Scotland waters;
    • Part 4, sections 96(1) and (8), 97 and 105: Maritime enforcement powers - these provisions extend and apply to Scotland only;
    • Part 4, Chapter 7: Maritime enforcement powers - these provisions extend and apply to Northern Ireland only;
    • Part 4, sections 116 to 119 and Schedules 15 to 17: Cross-border enforcement - these provisions extend and apply to the United Kingdom;
    • Part 6, sections 125 to 133: Firearms – these provisions extend and apply to Great Britain;
    • Part 8: Financial sanctions – with the exception of section 150 (which relates to deferred prosecution agreements and which extends and applies to England and Wales only), these provisions extend and apply to the United Kingdom;
    • Part 9, section 158: Powers of NCA in relation to customs matters - this section extends and applies to the United Kingdom;
    • Part 9, sections 159: Requirements to state nationality - this section extends and applies to England and Wales and Northern Ireland;

      • Part 9, sections 160 and 161: Requirements to produce nationality documents - these sections extend and apply to the United Kingdom;

  3. Part 9, section 162: Seizure of invalid travel documents - this section extends and applies to the United Kingdom;
  4. Part 9, sections 168(1) and (2) and 169 to 172: Pardons for certain abolished offences etc - these sections extend and apply to Northern Ireland only;
  5. Part 9, section 179: Littering powers of Scottish local authorities - this section extends and applies to Scotland only.
  6. Section 156 also confers a power to extend the application of section 143 and regulations made under sections 152(1), 154 and 155 (temporary implementation of EU and UN financial sanctions), with any necessary modifications, to any of Guernsey, the Isle of Man and any of the British overseas territories, by Order in Council.
  • See the table in annex I for a summary of the position regarding territorial extent and application in the United Kingdom.

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