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Criminal Justice and Police Act 2001

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Point in time view as at 10/07/2012.

Changes to legislation:

Criminal Justice and Police Act 2001 is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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SCHEDULES

Sections 50, 51 & 55

SCHEDULE 1U.K. Powers of seizure

Part 1U.K. Powers to which section 50 applies

Police and Criminal Evidence Act 1984 (c. 60)U.K.

1Each of the powers of seizure conferred by the provisions of Part 2 or 3 of the 1984 Act (police powers of entry, search and seizure).

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12))U.K.

2Each of the powers of seizure conferred by the provisions of Parts 3 and 4 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (police powers of entry, search and seizure).

Official Secrets Act 1911 (c. 28)U.K.

3The power of seizure conferred by section 9(1) of the Official Secrets Act 1911 (seizure of evidence that an offence under that Act has been or is about to be committed).

Children and Young Persons (Harmful Publications) Act 1955 (c. 28)U.K.

4The power of seizure conferred by section 3(1) of the Children and Young Persons (Harmful Publications) Act 1955 (seizure of copies of work to which that Act applies etc.).

Obscene Publications Act 1959 (c. 66)U.K.

5Each of the powers of seizure conferred by section 3(1) and (2) of the Obscene Publications Act 1959 (power to search for and seize obscene materials and documents relating to a connected business).

Betting, Gaming and Lotteries Act 1963 (c. 2)U.K.

6F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 1 para. 6 repealed (1.9.2007) by Gambling Act 2005 (c. 19), ss. 356, 358, Sch. 16 para. 18(1)(a)(2), Sch. 17 (with ss. 352, 354, Sch. 16 para. 21); S.I. 2006/3272, art. 2(4) (with transitional provisions in art. 6, Sch. 4)

Licensing Act 1964 (c. 26)U.K.

7F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Sch. 1 para. 7 repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 199, 201, Sch. 7 (with ss. 2(3),15(2), 195); S.I. 2005/3056, art. 2(2)

Firearms Act 1968 (c. 27)U.K.

8The power of seizure conferred by section 46 of the Firearms Act 1968 (seizure of firearms etc.).

Trade Descriptions Act 1968 (c. 29)U.K.

9Each of the powers of seizure conferred by section 28(1)(c) and (d) of the Trade Descriptions Act 1968 (seizure of evidence of offences under that Act etc.).

Theft Act 1968 (c. 60)U.K.

10The power of seizure conferred by section 26(3) of the Theft Act 1968 (seizure of goods suspected of being stolen).

Gaming Act 1968 (c. 65)U.K.

11F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Sch. 1 para. 11 repealed (1.9.2007) by Gambling Act 2005 (c. 19), ss. 356, 358, Sch. 16 para. 18(1)(a)(2), Sch. 17 (with ss. 352, 354, Sch. 16 para. 21); S.I. 2006/3272, art. 2(4) (with transitional provisions in art. 6, Sch. 4)

Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))U.K.

12The power of seizure conferred by section 25(3) of the Theft Act (Northern Ireland) 1969 (seizure of goods suspected of being stolen).

Taxes Management Act 1970 (c. 9)U.K.

13F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Misuse of Drugs Act 1971 (c. 38)U.K.

14Each of the powers of seizure conferred by the provisions of section 23(2) and (3) of the Misuse of Drugs Act 1971 (power to search for and seize controlled drugs and related documents).

Immigration Act 1971 (c. 77)U.K.

15Each of the powers of seizure conferred by the provisions of sections 28D(3), 28E(5) and 28F(6) of the Immigration Act 1971 (seizure of evidence of offences under that Act).

Fair Trading Act 1973 (c. 41)U.K.

16Each of the powers of seizure conferred by the provisions of section 29(1)(c) and (d) of the Fair Trading Act 1973 (seizure of evidence of offences under section 23 of that Act etc.).

Biological Weapons Act 1974 (c. 6)U.K.

17Each of the powers of seizure conferred by the provisions of section 4(1)(b), (c) and (d) of the Biological Weapons Act 1974 (seizures under a warrant).

Prices Act 1974 (c. 24)U.K.

18Each of the powers of seizure conferred by the provisions of paragraph 9(2) to the Schedule to the Prices Act 1974 (seizure of evidence of offences in connection with price regulation, price marking and price range notices).

[F518AU.K.The power of seizure conferred by section 36D(3) of the Consumer Credit Act 1974.]

Textual Amendments

F5Sch. 1 para. 18A inserted (6.4.2008) by Consumer Credit Act 2006 (c. 14), ss. 51(7), 71; S.I. 2007/3300, art. 3(2), Sch. 2

Consumer Credit Act 1974 (c. 39)U.K.

19Each of the powers of seizure conferred by the provisions of section 162(1)(c) and (d) of the Consumer Credit Act 1974 (seizure of evidence of offences under that Act etc.).

Lotteries and Amusements Act 1976 (c. 32)U.K.

20F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Sch. 1 para. 20 repealed (1.9.2007) by Gambling Act 2005 (c. 19), ss. 356, 358, Sch. 16 para. 18(1)(a)(2), Sch. 17 (with ss. 352, 354, Sch. 16 para. 21); S.I. 2006/3272, art. 2(4) (with transitional provisions in art. 6, Sch. 4)

Protection of Children Act 1978 (c. 37)U.K.

21The power of seizure conferred by section 4(2) of the Protection of Children Act 1978 (seizure of indecent photographs or pseudo-photographs of children).

Protection of Children (Northern Ireland) Order 1978 (S.I. 1978 1047 (N.I. 17))U.K.

22The power of seizure conferred by Article 4(1) of the Protection of Children (Northern Ireland) Order 1978 (seizure of indecent photographs or pseudo-photographs of children).

Customs and Excise Management Act 1979 (c. 2)U.K.

23The power of seizure conferred by section 118C(4) of the Customs and Excise Management Act 1979 (seizure of evidence of fraud offences).

Estate Agents Act 1979 (c. 38)U.K.

24The power of seizure conferred by [F7section 11(1B) of the Estate Agents Act 1979] (seizure of evidence of offences under that Act).

Textual Amendments

Indecent Displays (Control) Act 1981 (c. 42)U.K.

25The power of seizure conferred by section 2(3) of the Indecent Displays (Control) Act 1981 (seizure of indecent matter believed to have been used in the commission of an offence under that Act).

Forgery and Counterfeiting Act 1981 (c. 45)U.K.

26Each of the powers of seizure conferred by the provisions of sections 7(1) and 24(1) of the Forgery and Counterfeiting Act 1981 (seizure of forgeries and counterfeits and of things used for making them etc.).

Betting and Gaming Duties Act 1981 (c. 63)U.K.

27The power of seizure conferred by paragraph 16(2) of Schedule 1 to the Betting and Gaming Duties Act 1981 (seizure of evidence of offences in connection with general gaming duty).

28U.K.F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

29U.K.F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Firearms (Northern Ireland) Order 2004 (S.I. 2004) (N.I. ))U.K.

[F1030The power of seizure conferred by Article 52 of the Firearms (Northern Ireland) Order 2004 (seizure of firearms, etc.).]

Textual Amendments

Weights and Measures (Northern Ireland) Order 1981 (S.I. 1981 231 (N.I. 10))U.K.

31[F11The power of seizure conferred by paragraph 4 of Schedule 9 to the Weights and Measures (Northern Ireland) Order 1981.]

Textual Amendments

F1232U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12Sch. 1 paras. 32, 40, 43 repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 364(e)

Dogs (Northern Ireland) Order 1983 (S.I. 1983 764 (N.I. 8))U.K.

33The power of seizure conferred by Article 25C(2) of the Dogs (Northern Ireland) Order 1983 (seizure of evidence of offences).

Video Recordings Act 1984 (c. 39)U.K.

34The power of seizure conferred by section 17(2) of the Video Recordings Act 1984 (seizure of evidence of offences under that Act).

Companies Act 1985 (c. 6)U.K.

35The power of seizure conferred by section 448(3) of the Companies Act 1985 (seizure of documents which have not been produced in compliance with a requirement etc.).

Weights and Measures Act 1985 (c. 72)U.K.

36The power of seizure conferred by section 79(2)(b) of the Weights and Measures Act 1985 (seizure of evidence of offences under that Act, F13. . . ).

Textual Amendments

F13Words in Sch. 1 para. 36 omitted (E.W.S.) (6.4.2006) by virtue of The Weights and Measures (Packaged Goods) Regulations 2006 (S.I. 2006/659), reg. 1(2), Sch. 1 Pt. 2(27)(a) (with reg. 21)

37U.K.F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (S.I. 1985 1204 (N.I. 11))U.K.

38The power of seizure conferred by Article 180(4) of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (seizure of evidence of offences under that Order).

Protection of Military Remains Act 1986 (c. 35)U.K.

39The power of seizure conferred by section 6(3) of the Protection of Military Remains Act 1986 (seizure of evidence of offences under that Act etc.)

F1540U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15Sch. 1 paras. 32, 40, 43 repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 364(e)

Greater London Council (General Powers) Act 1986 (c. iv)U.K.

41Any power of seizure conferred by virtue of section 12 of the Greater London Council (General Powers) Act 1986 (seizure of items which may be subject to forfeiture).

Companies (Northern Ireland) Order 1986 (S.I. 1986 1032 (N.I. 6))U.K.

F1642. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1743U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17Sch. 1 paras. 32, 40, 43 repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 364(e)

Criminal Justice Act 1987 (c. 38)U.K.

44The power of seizure conferred by section 2(5) of the Criminal Justice Act 1987 (seizure of documents for the purposes of an investigation under section 1 of that Act).

Consumer Protection Act 1987 (c. 43)U.K.

45Each of the powers of seizure conferred by the provisions of section 29(4), (5) and (6) of the Consumer Protection Act 1987 (seizure for the purposes of ascertaining whether safety provisions have been contravened etc.).

Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987 2049 (N.I. 20))U.K.

F1846. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Criminal Justice Act 1988 (c. 33)U.K.

47F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19Sch. 1 para. 47 repealed (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 457, 458(1)(3), Sch. 12; S.I. 2003/333, art. 2, Sch. (subject to arts. 3-13 (as amended by S.I. 2003/531, arts. 3, 4))

Copyright, Designs and Patents Act 1988 (c. 48)U.K.

[F2048The powers of seizure conferred by sections 109(4), 200(3A) and 297B(4) of the Copyright, Designs and Patents Act 1988 (seizure of evidence relating to offences concerning infringing copies, illicit recordings and unauthorised decoders).]

Textual Amendments

49U.K.F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Food Safety Act 1990 (c. 16)U.K.

50The power of seizure conferred by section 32(6) of the Food Safety Act 1990 (seizure of evidence for the purposes of proceedings under that Act).

Computer Misuse Act 1990 (c. 18)U.K.

51The power of seizure conferred by section 14(4) of the Computer Misuse Act 1990 (seizure of evidence of offences under that Act).

Human Fertilisation and Embryology Act 1990 (c. 37)U.K.

[F2252Each of the powers of seizure conferred by the provisions of paragraph 7(1) and (2) of Schedule 3B to the Human Fertilisation and Embryology Act 1990.]

Textual Amendments

Property Misdescriptions Act 1991 (c. 29)U.K.

53The power of seizure conferred by paragraph 3(3) of the Schedule to the Property Misdescriptions Act 1991 (seizure of evidence of offences under section 1 of that Act).

Dangerous Dogs Act 1991 (c. 65)U.K.

54The power of seizure conferred by section 5(2) of the Dangerous Dogs Act 1991 (seizure of evidence of offences under that Act).

Food Safety (Northern Ireland) Order 1991 (S.I. 1991 762 (N.I. 7))U.K.

55The power of seizure conferred by Article 33(7) of the Food Safety (Northern Ireland) Order 1991 (seizure of evidence of offences under that Order).

Timeshare Act 1992 (c. 35)U.K.

F2356. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Charities Act 2011U.K.

[F2456AThe power of seizure conferred by section 48(3) of the Charities Act 2011 (seizure of material for the purposes of an inquiry under section 46 of that Act).]

Textual Amendments

F24Sch. 1 para. 56A and heading substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 92 (with s. 20(2), Sch. 8)

Finance Act 1994 (c. 9)U.K.

57F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Value Added Tax Act 1994 (c. 23)U.K.

58F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Trade Marks Act 1994 (c. 26)U.K.

[F2758AThe power of seizure conferred by section 92A(4) of the Trade Marks Act 1994 (seizure of evidence relating to offences concerning unauthorised use of a trade mark, etc. in relation to goods).]

Textual Amendments

Drug Trafficking Act 1994 (c. 37)U.K.

59The power of seizure conferred by section 56(5) of the Drug Trafficking Act 1994 (seizure of material likely to be of substantial value to an investigation into drug trafficking).

Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)U.K.

[F2859AThe power of seizure conferred by section 23E(3) of the Criminal Law (Consolidation) (Scotland) Act 1995 (seizure of evidence of Revenue and Customs offences).]

Textual Amendments

F28Sch. 1 Pt. 1 para. 59A inserted (1.12.2007) by Finance Act 2007 (c. 11), s. 85, Sch. 23 para. 13(a); S.I. 2007/3166, art. 3(b)

Chemical Weapons Act 1996 (c. 6)U.K.

60Each of the powers of seizure conferred by the provisions of section 29(2)(c), (d) and (e) of the Chemical Weapons Act 1996 (seizure of evidence of offences under that Act).

Finance Act 1996 (c. 8)U.K.

61F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996 1299 (N.I. 9))U.K.

62The power of seizure conferred by Article 51(5) of the Proceeds of Crime (Northern Ireland) Order 1996 (seizure of material relevant to investigation).

Knives Act 1997 (c. 21)U.K.

63The power of seizure conferred by section 5(2) of the Knives Act 1997 (seizure of publications consisting of or containing prohibited material).

Nuclear Explosions (Prohibitions and Inspections) Act 1998 (c. 7)U.K.

64Each of the powers of seizure conferred by the provisions of section 10(2)(c), (d) and (e) of the Nuclear Explosions (Prohibitions and Inspections) Act 1998 (seizure of evidence of offences under that Act).

Data Protection Act 1998 (c. 29)U.K.

65The power of seizure conferred by paragraph 1 of Schedule 9 to the Data Protection Act 1998 (seizure of evidence of contravention of data protection principles etc.).

Landmines Act 1998 (c. 33)U.K.

66Each of the powers of seizure conferred by the provisions of section 18(3)(c), (d) and (e) of the Landmines Act 1998 (seizure of evidence of offences under that Act).

Competition Act 1998 (c. 41)U.K.

67Each of the powers of seizure conferred by section 28(2) of the Competition Act 1998 (seizure of documents or information).

Nuclear Safeguards Act 2000 (c. 5)U.K.

68The power of seizure conferred by section 8(2) of the Nuclear Safeguards Act 2000 (seizure of evidence of offences under that Act etc.).

Financial Services and Markets Act 2000 (c. 8)U.K.

69The power of seizure conferred by section 176(5) of the Financial Services and Markets Act 2000 (seizure of documents or information not supplied in compliance with a requirement etc.).

Terrorism Act 2000 (c. 11)U.K.

[F3069AThe power of seizure conferred by section 43(4B)(b) of the Terrorism Act 2000 (seizure on the occasion of a search of a vehicle in relation to a person suspected of being a terrorist).]

Textual Amendments

F30Sch. 1 paras. 69A, 69B inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 28 (with s. 97); S.I. 2012/1205, art. 4(k)

[F3069BThe power of seizure conferred by section 43A(3) of the Terrorism Act 2000 (seizure on the occasion of a search of a vehicle suspected of being used for the purposes of terrorism).]

Textual Amendments

F30Sch. 1 paras. 69A, 69B inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 28 (with s. 97); S.I. 2012/1205, art. 4(k)

70The power of seizure conferred by section 82(3) of the Terrorism Act 2000 (power of constable in Northern Ireland to seize items used or intended for use in the commission of certain offences).

71U.K.Each of the powers of seizure conferred by the provisions of paragraphs 1, 3, 11, 15 and 19 of Schedule 5 to that Act (powers for use in terrorism investigations).

Finance Act 2000 (c. 17)U.K.

72F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Freedom of Information Act 2000 (c. 36)U.K.

73The power of seizure conferred by paragraph 1 of Schedule 3 to the Freedom of Information Act 2000.

International Criminal Court Act 2001 (c. 17)U.K.

[F3273AThe power of seizure conferred by paragraph 9 of Schedule 5 to the International Criminal Court Act 2001 (seizure of evidence in connection with offences under that Act).]

Textual Amendments

F32Sch. 1 para. 73A inserted (1.4.2003) after Sch. 1 para. 73 by virtue of The Criminal Justice and Police Act 2001 (Powers of Seizure) Order 2003 (S.I. 2003/934), art. 2(4)

Proceeds of Crime Act 2002 (c. 29)U.K.

[F3373AThe power of seizure conferred by section 352(4) of the Proceeds of Crime Act 2002 (seizure of material likely to be of substantial value to certain investigations).]

Textual Amendments

F33Sch. 1 para. 73A added (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 456, 458, Sch. 11 para. 40(6); S.I. 2003/120, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended by S.I. 2003/333, art. 14))

Enterprise Act 2002U.K.

[F3473BThe power of seizure conferred by section 194(2) of the Enterprise Act 2002 (seizure of documents for the purposes of an investigation under section 192(1) of that Act).]

Textual Amendments

F34Sch. 1 para. 73B inserted (20.6.2003) after Sch. 1 para. 73 by virtue of Enterprise Act 2002 (c. 40), ss. 194(5), 279; S.I. 2003/1397, art. 2(1), Sch.

[F3573BAU.K.The power of seizure conferred by section 227C of the Enterprise Act 2002 (entry to premises with warrant to seize goods or documents etc).]

Textual Amendments

Crime (International Co-operation) Act 2003U.K.

[F3673CThe power of seizure conferred by sections 17 and 22 of the Crime (International Co-operation) Act 2003 (seizure of evidence relevant to overseas investigation or offence).]

Textual Amendments

Extradition Act 2003 (c. 41)U.K.

[F3773DThe powers of seizure conferred by sections 156(5), 160(5), 161(4), 162(6) and (7) and 164(6) and (7) of the Extradition Act 2003 (seizure in connection with extradition).]

Textual Amendments

F37Sch. 1 para. 73D added (1.1.2004) by Extradition Act 2003 (c. 41), ss. 165(2), 221; S.I. 2003/3103, art. 2 (subject to arts. 3-5 (as amended by S.I. 2003/3312, art. 2(2) and S.I. 2003/3258, art. 2(2)))

Human Tissue Act 2004 (c. 30)U.K.

[F3873EEach of the powers of seizure conferred by the provisions of paragraph 5(1) (seizure of material relevant to licensing functions) and (2) (seizure of evidence of offences) of Schedule 5 to the Human Tissue Act 2004.]

Textual Amendments

F38Sch. 1 para. 73E inserted (1.3.2006 for certain purposes, 7.4.2006 for certain further purposes and 1.9.2006 otherwise) by Human Tissue Act 2004 (c. 30), ss. 56, 60, Sch. 6 para. 5(4); S.I. 2006/404, arts. 2, 3, Sch. (subject to art. 4 and with arts. 5, 6); S.I. 2006/1997, art. 3 (subject to arts. 4, 7, 8) (as amended (5.8.2006) by S.I. 2006/2169, art. 2)

Serious Organised Crime and Police Act 2005U.K.

[F3973FThe power of seizure conferred by section 66 of the Serious Organised Crime and Police Act 2005 (seizure of documents for purposes of investigation by DPP or other Investigating Authority).]

Textual Amendments

Gambling Act 2005U.K.

[F4073FThe powers conferred by section 317 of the Gambling Act 2005 (inspection powers).]

Textual Amendments

F40Sch. 1 para. 73F added (1.9.2007) by Gambling Act 2005 (c. 19), ss. 356, 358, Sch. 16 para. 18(1)(b)(2) (with ss. 352, 354, Sch. 16 para. 21); S.I. 2006/3272, art. 2(4) (with transitional provisions in art. 6, Sch. 4)

Weights and Measures (Packaged Goods) Regulations 2006 (S.I.2006/659)E+W+S

[F4173GThe power of seizure conferred by paragraph 4 of Schedule 5 to the Weights and Measures (Packaged Goods) Regulations 2006 (seizure of evidence of offences under regulations 12 to 15 of, or Schedule 7 to, those Regulations).]

Textual Amendments

F41Sch. 1 para. 73G inserted (E.W.S.) (6.4.2006) after Sch. 1 para. 73F by virtue of The Weights and Measures (Packaged Goods) Regulations 2006 (S.I. 2006/659), reg. 1(2), Sch. 1 Pt. 2(27)(c) (with reg. 21)

General Product Safety Regulations 2005U.K.

[F4273GEach of the powers of seizure conferred by the provisions of regulation 22(4) to (6) of the General Product Safety Regulations 2005 (seizure for the purposes of ascertaining whether safety provisions have been contravened etc).]

Textual Amendments

[F4373HU.K.The power of seizure conferred by section 28 of the Terrorism Act 2006.]

Textual Amendments

F43Sch. 1 para. 73H inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 28(6)(a), 39(2); S.I. 2006/1013, art. 2

Charities Act (Northern Ireland) 2008N.I.

[F4473HThe power of seizure conferred by section 52(3) of the Charities Act (Northern Ireland) 2008 (seizure of material for the purposes of an inquiry under section 22 of that Act).]

Textual Amendments

F44Sch. 1 para. 73H and cross-heading inserted (N.I.) (18.2.2011) by Charities Act (Northern Ireland) 2008 (c. 12), s. 185(1), Sch. 8 para. 9; S.R. 2011/11, art. 2, Sch.

Animal Welfare Act 2006U.K.

[F4573IThe power of seizure conferred by paragraph 10(2)(j) of Schedule 2 to the Animal Welfare Act 2006.]

Textual Amendments

F45Sch. 1 para. 73I inserted (27.3.2007 for W. and 6.4.2007 for E. and otherwise not in force) by Animal Welfare Act 2006 (c. 45), ss. 64, 68, Sch. 3 para. 14(3) (with ss. 1(2), 58(1), 59, 60); S.I. 2007/1030, art. 2(1)(l); S.I. 2007/499, art. 2(2)(l)

The Money Laundering Regulations 2007U.K.

[F4673JThe power of seizure conferred by regulation 39(6) of the Money Laundering Regulations 2007 (entry to premises under warrant).]

Textual Amendments

Business Protection from Misleading Marketing Regulations 2008U.K.

[F4773J.Each of the powers of seizure conferred by the provisions of regulation 23(1)(c) and (d) of the Business Protection from Misleading Marketing Regulations 2008 (seizure of evidence of breach of regulations, etc).]

Textual Amendments

Consumer Protection from Unfair Trading Regulations 2008U.K.

[F4773K.Each of the powers of seizure conferred by the provisions of regulation 21(1)(c) and (d) of the Consumer Protection from Unfair Trading Regulations 2008 (seizure of evidence of breach of regulations, etc).]

Textual Amendments

The Transfer of Funds (Information on the Payer) Regulations 2007U.K.

[F4873KThe power of seizure conferred by regulation 9(6) of the Transfer of Funds (Information on the Payer) Regulations 2007 (entry to premises under warrant).]

Textual Amendments

Marine and Coastal Access Act 2009 (c. 23)U.K.

[F4973LEach of the powers of seizure conferred by section 252(1) and (3) of the Marine and Coastal Access Act 2009.]

Textual Amendments

Cluster Munitions (Prohibitions) Act 2010 (c. 11)U.K.

[F5073MEach of the powers of seizure conferred by the provisions of section 22(2)(c), (e), (f) and (g) of the Cluster Munitions (Prohibitions) Act 2010 (seizure of evidence of offences under that Act).]

Textual Amendments

F50Sch. 1 para. 73M and cross-heading inserted (25.3.2010) by Cluster Munitions (Prohibitions) Act 2010 (c. 11), s. 34(1), Sch. 3 para. 1 (with s. 32)

Marine (Scotland) Act 2010 (asp 5)U.K.

[F5173MEach of the powers of seizure conferred by section 140(1) and (3) of the Marine (Scotland) Act 2010.]

Textual Amendments

F51Sch. 1 para. 73M inserted (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 141(6), 168(1) (with s. 162); S.S.I. 2010/230, art. 2(e)

Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010U.K.

[F5273NThe power of seizure conferred by [F53regulation 33(3)] of the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010 (powers of officers of enforcement authorities).]

Textual Amendments

F53Words in Sch. 1 para. 73N substituted (28.4.2011) by The Timeshare (Amendment) Regulations 2011 (S.I. 2011/1065), regs. 1(2), 2(4)

Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 (S.R. 2011 No. 331)N.I.

[F5473OThe power of seizure conferred by paragraph 4 of Schedule 7 to the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 (seizure of evidence of offences under regulations 12 to 15 of, or Schedule 7 to, those Regulations).]

Textual Amendments

Part 2U.K. Powers to which section 51 applies

Police and Criminal Evidence Act 1984 (c. 60)U.K.

74Each of the powers of seizure conferred by the provisions of Part 3 of the 1984 Act (police powers of search and seizure on arrest).

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12))U.K.

75Each of the powers of seizure conferred by the provisions of Part 4 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (police powers of seizure on arrest).

Firearms Act 1968 (c. 27)U.K.

76The power of seizure conferred by section 46 of the Firearms Act 1968 (seizure of firearms etc.).

Misuse of Drugs Act 1971 (c. 38)U.K.

77Each of the powers of seizure conferred by the provisions of section 23(2) and (3) of the Misuse of Drugs Act 1971 (power to search for and seize controlled drugs and related documents).

Immigration Act 1971 (c. 77)U.K.

78The power of seizure conferred by section 28G(7) of the Immigration Act 1971 (seizure of evidence of offences under that Act etc.).

Biological Weapons Act 1974 (c. 6)U.K.

79Each of the powers of seizure conferred by the provisions of section 4(1)(b), (c) and (d) of the Biological Weapons Act 1974 (seizures under a warrant).

Firearms (Northern Ireland) Order 2004 (S.I. 2004/ (N.I. ))U.K.

[F5580The power of seizure conferred by Article 52 of the Firearms (Northern Ireland) Order 2004 (seizure of firearms, etc.).]

Textual Amendments

Criminal Justice and Public Order Act 1994 (c. 33)U.K.

81The power of seizure conferred by section 139(10) of the Criminal Justice and Public Order Act 1994 (seizure of items found in searching persons arrested under certain cross-border powers).

Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)U.K.

[F5681AThe power of seizure conferred by section 23E(3) (as read with section 23E(5)(c)) of the Criminal Law (Consolidation) (Scotland) Act 1995 (seizure of evidence of Revenue and Customs offences).]

Textual Amendments

F56Sch. 1 Pt. 2 para. 81A inserted (1.12.2007) by Finance Act 2007 (c. 11), ss. 85, Sch. 23 para. 13(b); S.I. 2007/3166, art. 3(b)

Terrorism Act 2000 (c. 11)U.K.

82The power of seizure conferred by section 43(4) of the Terrorism Act 2000 (seizure on the occasion of a search of a suspected terrorist).

[F5782AU.K.The power of seizure conferred by section 43A(3) of the Terrorism Act 2000 (seizure on the occasion of a search of a vehicle suspected of being used for the purposes of terrorism).]

Textual Amendments

83U.K.Each of the powers of seizure conferred by the provisions of paragraphs 1, 3, 11, 15 and 19 of Schedule 5 to the Terrorism Act 2000 (powers for use in terrorism investigations).

Extradition Act 2003 (c. 41)U.K.

[F5883AThe powers of seizure conferred by section 163(6) and (7) of the Extradition Act 2003 (seizure in connection with extradition).]

Textual Amendments

F58Sch. 1 para. 83A added (1.1.2004) by Extradition Act 2003 (c. 41), ss. 165(3), 221; S.I. 2003/3103, art. 2 (subject to arts. 3-5 (as amended by SI 2003/3312, art. 2(2) and SI 2003/3258, art. 2(2)))

Part 3U.K. Powers to which section 55 applies

Police and Criminal Evidence Act 1984 (c. 60)U.K.

84The power of seizure conferred by section 8(2) of the 1984 Act (police power, on exercise of search warrant, to seize property searched for).

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12))U.K.

85The power of seizure conferred by Article 10(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (police power, on exercise of search warrant, to seize property searched for).

Official Secrets Act 1911 (c. 28)U.K.

86The power of seizure conferred by section 9(1) of the Official Secrets Act 1911 (seizure of evidence that an offence under that Act has been or is about to be committed).

Children and Young Persons (Harmful Publications) Act 1955 (c. 28)U.K.

87The power of seizure conferred by section 3(1) of the Children and Young Persons (Harmful Publications) Act 1955 (seizure of copies of work to which that Act applies etc.).

Obscene Publications Act 1959 (c. 66)U.K.

88Each of the powers of seizure conferred by section 3(1) and (2) of the Obscene Publications Act 1959 (power to search for and seize obscene materials and documents relating to a connected business).

Betting, Gaming and Lotteries Act 1963 (c. 2)U.K.

89F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59Sch. 1 para. 89 repealed (1.9.2007) by Gambling Act 2005 (c. 19), ss. 356, 358, Sch. 16 para. 18(1)(c)(2), Sch. 17 (with ss. 352, 354, Sch. 16 para. 21); S.I. 2006/3272, art. 2(4) (with transitional provisions in art. 6, Sch. 4)

90U.K.F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F60Sch. 1 para. 90 repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 199, 201, Sch. 7 (with ss. 2(3),15(2), 195); S.I. 2005/3056, art. 2(2)

Firearms Act 1968 (c. 27)U.K.

91The power of seizure conferred by section 46 of the Firearms Act 1968 (seizure of firearms etc.).

Theft Act 1968 (c. 60)U.K.

92The power of seizure conferred by section 26(3) of the Theft Act 1968, (power to search for and seize goods suspected of being stolen).

Gaming Act 1968 (c. 65)U.K.

93F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F61Sch. 1 para. 93 repealed (1.9.2007) by Gambling Act 2005 (c. 19), ss. 356, 358, Sch. 16 para. 18(1)(c)(2), Sch. 17 (with ss. 352, 354, Sch. 16 para. 21); S.I. 2006/3272, art. 2(4) (with transitional provisions in art. 6, Sch. 4)

Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))U.K.

94The power of seizure conferred by section 25(3) of the Theft Act (Northern Ireland) 1969 (seizure of goods suspected of being stolen).

Immigration Act 1971 (c. 77)U.K.

95The power of seizure conferred by section 28D(3) of the Immigration Act 1971 (seizure of evidence of offences under that Act).

Biological Weapons Act 1974 (c. 6)U.K.

96Each of the powers of seizure conferred by the provisions of section 4(1)(b), (c) and (d) of the Biological Weapons Act 1974 (seizures under a warrant).

Lotteries and Amusements Act 1976 (c. 32)U.K.

97F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62Sch. 1 para. 97 repealed (1.9.2007) by Gambling Act 2005 (c. 19), ss. 356, 358, Sch. 16 para. 18(1)(c)(2), Sch. 17 (with ss. 352, 354, Sch. 16 para. 21); S.I. 2006/3272, art. 2(4) (with transitional provisions in art. 6, Sch. 4)

Protection of Children Act 1978 (c. 37)U.K.

98The power of seizure conferred by section 4(2) of the Protection of Children Act 1978 (seizure of indecent photographs or pseudo-photographs of children).

Protection of Children (Northern Ireland) Order 1978 (S.I. 1978 1047 (N.I. 17))U.K.

99The power of seizure conferred by Article 4(1) of the Protection of Children (Northern Ireland) Order 1978 (seizure of indecent photographs or pseudo-photographs of children).

Indecent Displays (Control) Act 1981 (c. 42)U.K.

100The power of seizure conferred by section 2(3) of the Indecent Displays (Control) Act 1981 (seizure of indecent matter believed to have been used in the commission of an offence under that Act).

Forgery and Counterfeiting Act 1981 (c. 45)U.K.

101Each of the powers of seizure conferred by the provisions of sections 7(1) and 24(1) of the Forgery and Counterfeiting Act 1981 (seizure of forgeries and counterfeits and of things used for making them etc.).

Firearms (Northern Ireland) Order 2004 (S.I. 2004/ (N.I.))U.K.

[F63102The power of seizure conferred by Article 52 of the Firearms (Northern Ireland) Order 2004 (seizure of firearms, etc.).]

Textual Amendments

Video Recordings Act 1984 (c. 39)U.K.

103The power of seizure conferred by section 17(2) of the Video Recordings Act 1984 (seizure of evidence of offences under that Act).

Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (S.I. 1985 1204 (N.I. 11))U.K.

104The power of seizure conferred by Article 180(4) of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (seizure of evidence of offences under that Order).

Criminal Justice Act 1988 (c. 33)U.K.

105F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64Sch. 1 para. 105 repealed (24.3.2003) by Proceeds of Crime Act 2002 (c. 40), ss. 457, 458(1)(3), Sch. 12; S.I. 2003/333, art. 2, Sch. (subject to arts. 3-13 (as amended by S.I. 2003/531, arts. 3, 4))

Copyright, Designs and Patents Act 1988 (c. 48)U.K.

[F65106The powers of seizure conferred by sections 109(4), 200(3A) and 297B(4) of the Copyright, Designs and Patents Act 1988 (seizure of evidence relating to offences concerning infringing copies, illicit recordings and unauthorised decoders).]

Textual Amendments

Computer Misuse Act 1990 (c. 18)U.K.

107The power of seizure conferred by section 14(4) of the Computer Misuse Act 1990 (seizure of evidence of offences under that Act).

Trade Marks Act 1994 (c. 26)U.K.

[F66107AThe power of seizure conferred by section 92A(4) of the Trade Marks Act 1994 (seizure of evidence relating to offences concerning unauthorised use of a trade mark, etc. in relation to goods).]

Textual Amendments

Drug Trafficking Act 1994 (c. 37)U.K.

108The power of seizure conferred by section 56(5) of the Drug Trafficking Act 1994 (seizure of material likely to be of substantial value to an investigation into drug trafficking).

Terrorism Act 2000 (c. 11)U.K.

109(1)Each of the powers of seizure conferred by the provisions of paragraphs 1 and 3 of Schedule 5 to the Terrorism Act 2000 (powers for use in terrorism investigations).

(2)Each of the powers of seizure conferred by paragraphs 15 and 19 of Schedule 5 to that Act, so far only as the power in question is conferred by reference to paragraph 1 of that Schedule.

Proceeds of Crime Act 2002 (c. 29)U.K.

[F67110The power of seizure conferred by section 352(4) of the Proceeds of Crime Act 2002 (seizure of material likely to be of substantial value to certain investigations).]

Textual Amendments

F67Sch. 1 para. 110 added (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 456, 458(1)(3), Sch. 11 para. 40(7); S.I. 2003/120, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended by S.I. 2003/333, art. 14))

Licensing Act 2003U.K.

[F68[F69111]The power of seizure conferred by section 90 of the Licensing Act 2003 (seizure of documents relating to club).]

Textual Amendments

F68Sch. 1 para. 110 inserted (24.11.2005) at the end of Sch. 1 Pt. 3 by virtue of Licensing Act 2003 (c. 17), ss. 198, 201, Sch. 6 para. 128(b) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2); Sch. 1 para. 110 was subsequently renumbered as Sch. 1 para. 111 by Gambling Act 2005 (c. 19), Sch. 16 para. 18(1)(d)

F69Sch. 1 para. 110 renumbered (1.9.2007) as Sch. 1 para. 111 by Gambling Act 2005 (c. 19), ss. 356, 358, Sch. 16 para. 18(1)(d)(2) (with ss. 352, 354, Sch. 16 para. 21); S.I. 2006/3272, art. 2(4) (with transitional provisions in art. 6, Sch. 4)

Gambling Act 2005U.K.

[F70112The powers conferred by section 317 of the Gambling Act 2005 (inspection powers).]

Textual Amendments

F70Sch. 1 para. 112 added (1.9.2007) by Gambling Act 2005 (c. 19), ss. 356, 358, Sch. 16 para. 18(1)(d)(2) (with ss. 352, 354, Sch. 16 para. 21); S.I. 2006/3272, art. 2(4) (with transitional provisions in art. 6, Sch. 4)

[F71113U.K.The power of seizure conferred by section 28 of the Terrorism Act 2006.]

Textual Amendments

F71Sch. 1 para. 113 inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 28(6)(b), 39(2); S.I. 2006/1013, art. 2

Section 70

SCHEDULE 2U.K. Applications and minor and consequential amendments

Part 1U.K. Application of enactments

Notice of testsU.K.

1Section 30 of the Trade Descriptions Act 1968 (c. 29) (notice of test) shall apply in relation to items seized under section 50 of this Act in reliance on the power of seizure conferred by section 28(1) of that Act as it applies in relation to items seized in pursuance of that Act.

2U.K.Section 31 of the Fair Trading Act 1973 (c. 41) (notice of test) shall apply in relation to items seized under section 50 of this Act in reliance on the power of seizure conferred by section 29(1) of that Act as it applies in relation to items seized in pursuance of Part 2 of that Act.

3U.K.Section 30(6) and (7) of the Consumer Protection Act 1987 (c. 43) (provision about the testing of seized goods) shall apply in relation to items seized under section 50 of this Act in reliance on the power of seizure conferred by section 29 of that Act as it applies in relation to items seized under section 29 of that Act.

F724U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F734AU.K.Regulation 23(6) of the General Product Safety Regulations 2005 (provision about the testing of seized products) shall apply in relation to items seized under section 50 of this Act in reliance on the power of seizure conferred by regulation 23 of those Regulations as it applies in relation to items seized under regulation 22 of those Regulations.]

Textual Amendments

[F744BU.K.Regulation 26 of the Business Protection from Misleading Marketing Regulations 2008 (notice of test and intended proceedings) shall apply in relation to items seized under section 50 of this Act in reliance on the power of seizure conferred by regulation 23 of those Regulations as it applies in relation to items seized in pursuance of regulation 23 of those Regulations.

Textual Amendments

4C.U.K.Regulation 24 of the Consumer Protection from Unfair Trading Regulations 2008 (notice of test and intended proceedings) shall apply in relation to items seized under section 50 of this Act in reliance on the power of seizure conferred by regulation 21 of those Regulations as it applies in relation to items seized in pursuance of regulation 21 of those Regulations.]

Textual Amendments

Access to seized itemsU.K.

5Subject to section 61 of this Act, section 11(3) of the Estate Agents Act 1979 (c. 38) (access to items seized under that section) shall apply in relation to items seized under section 50 of this Act in reliance on the power of seizure conferred by section 11 of that Act as it applies in relation to items seized under section 11 of that Act.

Compensation for seizure and detentionU.K.

6Section 32 of the Fair Trading Act 1973 (c. 41) (compensation for seizure and detention) shall apply in relation to the seizure of items under section 50 of this Act in reliance on the power of seizure conferred by section 29(1) of that Act, and the retention of those items, as it applies in relation to the seizure and detention of goods under section 29 of that Act.

7U.K.Section 163 of the Consumer Credit Act 1974 (c. 39) (compensation for seizure and detention) shall apply in relation to the seizure of items under section 50 of this Act in reliance on the power of seizure conferred by section 162(1) of that Act, and the retention of those items, as it applies in relation to the seizure and detention of goods under section 162 of that Act.

8U.K.Section 34 of the Consumer Protection Act 1987 (compensation for seizure and detention) shall apply in relation to the seizure of items under section 50 of this Act in reliance on the power of seizure conferred by section 29 of that Act, and the retention of those items, as it applies in relation to the seizure and detention of goods under section 29 of that Act.

F759U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F769AU.K.Regulation 26 of the General Product Safety Regulations 2005 (compensation for seizure and detention) shall apply in relation to the seizure of items under section 50 of this Act in reliance on the power of seizure conferred by regulation 22 of those Regulations, and the retention of products under regulations 22 of those Regulations.]

Textual Amendments

[F779BU.K.Regulation 27 of the Business Protection from Misleading Marketing Regulations 2008 (compensation for seizure and detention) shall apply in relation to the seizure of items under section 50 of this Act in reliance on the power of seizure conferred by regulation 23 of those Regulations, and the retention of those items, as it applies in relation to the seizure and detention of goods under regulation 23 of those Regulations.

Textual Amendments

9CU.K.Regulation 25 of the Consumer Protection from Unfair Trading Regulations 2008 (compensation for seizure and detention) shall apply in relation to the seizure of items under section 50 of this Act in reliance on the power of seizure conferred by regulation 21 of those Regulations, and the retention of those items, as it applies in relation to the seizure and detention of goods under regulation 21 of those Regulations.]

Textual Amendments

Forfeiture of seized itemsU.K.

10(1)The provisions mentioned in sub-paragraph (2) (which are about the forfeiture etc. of items which have been seized) shall apply in relation to an item seized under section 50 as if the item had been seized under the power of seizure in reliance on which it was seized.

(2)Those provisions are—

(a)section 3(3) of the Obscene Publications Act 1959 (c. 66);

(b)F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)sections 7(2) and 24(2) of the Forgery and Counterfeiting Act 1981 (c. 45).

Textual Amendments

F78Sch. 2 para. 10(2)(b)(c) repealed (1.4.2008) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 4; S.I. 2008/790, art. 3(c)

Disclosure of informationU.K.

11Any provision which—

(a)restricts the disclosure, or permits the disclosure only for limited purposes or in limited circumstances, of information obtained through the exercise of a power of seizure specified in Part 1 or 2 of Schedule 1, or

(b)confers power to make provision which does either or both of those things,

shall apply in relation to information obtained under section 50 or 51 in reliance on the power in question as it applies in relation to information obtained through the exercise of that power.

InterpretationU.K.

12For the purposes of this Part of this Schedule, an item is seized, or information is obtained, under section 50 or 51 in reliance on a power of seizure if the item is seized, or the information obtained, in exercise of so much of any power conferred by that section as is exercisable by reference to that power of seizure.

Part 2U.K. Minor and consequential amendments

13(1)In each of the provisions mentioned in sub-paragraph (2) (which confer powers to require the production of information contained in a computer in a visible and legible form)—U.K.

(a)for “contained in a computer” there shall be substituted “ stored in any electronic form ”; and

(b)after “in which it is visible and legible” there shall be inserted “ or from which it can readily be produced in a visible and legible form ”.

(2)Those provisions are—

(a)sections 19(4) and 20(1) of the 1984 Act;

(b)Articles 21(4) and 22(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12));

(c)section 43(5)(aa) of the Gaming Act 1968 (c. 65);

(d)F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)section 118D(4) of the Customs and Excise Management Act 1979 (c. 2);

(f)paragraph 11(4) of Schedule 11 to the Value Added Tax Act 1994 (c. 23);

(g)paragraph 4A(4) of Schedule 7 to the Finance Act 1994 (c. 9);

(h)paragraph 7(4) of Schedule 5 to the Finance Act 1996 (c. 8);

(i)paragraph 131(4) of Schedule 6 to the Finance Act 2000 (c. 17).

Textual Amendments

F79Sch. 2 para. 13(2)(d) repealed (8.11.2007) by Finance Act 2007 (c. 11), ss. 84(5), 114, Sch. 27 Pt. 5(1); S.I. 2007/3166, art. 2(c)

14U.K.In paragraph 5 of Schedule 1 to each of the 1984 Act and the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12)) (power to require the production of information contained in a computer in a visible and legible form)—

(a)for “contained in a computer” there shall be substituted “ stored in any electronic form ”; and

(b)in paragraph (a), after “in which it is visible and legible” there shall be inserted “ or from which it can readily be produced in a visible and legible form ”.

15U.K.In section 46(3) of the Firearms Act 1968 (c. 27) (power to require the production of information kept by means of a computer in a visible and legible form)—

(a)for “kept by means of a computer” there shall be substituted “ stored in any electronic form ”; and

(b)after “in which it is visible and legible” there shall be inserted “ or from which it can readily be produced in a visible and legible form ”.

16(1)In each of the provisions mentioned in sub-paragraph (2) (which confer power to require the production in legible form of information recorded otherwise than in legible form), after “information in legible form” there shall be inserted “ , or in a form from which it can readily be produced in visible and legible form ”.U.K.

(2)Those provisions are—

F80(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F80(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F80(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F80(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)the definition of “documents” in section 417(1) of the Financial Services and Markets Act 2000 (c. 8).

Textual Amendments

F80Sch. 2 para. 16(a)-(d) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 364(f)

F8217U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F82Sch. 2 para. 17 repealed (1.10.2009) by Companies Act 2006 (c. 46), s. 1300(2), Sch. 16; S.I. 2008/2860, art. 4, Sch. 1 Pt. 1 (with arts. 7 8 Sch. 2) (which transitional provisions in Sch. 2 are amended (1.10.2009) by S.I. 2009/2476, arts. 1(3), 2(3)(4) and by S.I. 2009/1802, arts. 1, 18, Sch.)

18U.K.In section 32 of the Food Safety Act 1990 (c. 16) (powers of entry), in subsections (5) and (6)(b), for “kept by means of a computer” there shall be substituted “ stored in any electronic form ”.

19U.K.In Article 33 of the Food Safety (Northern Ireland) Order 1991 (S.I. 1991 762 (N.I. 7)) (powers of entry), in paragraphs (6) and (7)(b), for “kept by means of a computer” there shall be substituted “ stored in any electronic form ”.

20U.K.In paragraph 3(1)(b) of the Schedule to the Property Misdescriptions Act 1991 (c. 29) and paragraph 3(1)(b) of Schedule 2 to the Timeshare Act 1992 (c. 35) (powers to require the production of information contained in a computer in a visible and legible documentary form)—

(a)after “form” there shall be inserted “ or from which it can readily be produced in a visible and legible form ”; and

(b)for “contained in a computer” there shall be substituted “ stored in any electronic form ”.

21U.K.In sections 27(5)(e) and 28(2)(f) of the Competition Act 1998 (c. 41) (power to require the production of information held in a computer in a visible and legible form)—

(a)for “held in a computer” there shall be substituted “ stored in any electronic form ”; and

(b)after “in which it is visible and legible” there shall be inserted “ or from which it can readily be produced in a visible and legible form ”.

22U.K.In section 8(2)(c) of the Nuclear Safeguards Act 2000 (c. 5) (power to require the production of information which is held in electronic form in a form in which it can be read and copied), after “copy it” there shall be inserted “ , or from which it can readily be produced in a form in which he can read and copy it ”.

23U.K.In section 2 of the Criminal Justice Act 1987 (c. 38) (investigation powers of the Director of the Serious Fraud Office), after subsection (8C) there shall be inserted—

“(8D)The references in subsections (8A) to (8C) above to evidence obtained by the Director include references to evidence obtained by him by virtue of the exercise by a constable, in the course of a search authorised by a warrant issued under subsection (4) above, of powers conferred by section 50 of the Criminal Justice and Police Act 2001.”

24U.K.In section 7 of the Criminal Justice (International Co-operation) Act 1990 (c. 5) (search etc. for material relevant to overseas investigation), after subsection (8) there shall be inserted—

“(8A)Subject to subsection (8B) below, the reference in subsection (4) above to evidence seized by a constable by virtue of this section shall be taken to include a reference to evidence seized by a constable by virtue of the exercise, in the course of a search authorised by a warrant issued by virtue of this section, of powers conferred by section 50 of the Criminal Justice and Police Act 2001.

(8B)Nothing in subsection (8A) above requires any evidence to be furnished to the Secretary of State—

(a)before it has been found, on the completion of any examination required to be made by arrangements under subsection (2) of section 53 of the Criminal Justice and Police Act 2001, to be property which falls within subsection (3) of that section (property which may be retained after examination); or

(b)at a time when it constitutes property in respect of which a person is required to ensure that arrangements such as are mentioned in section 61(1) of that Act (duty to secure) are in force.”

25U.K.In section 8 of the Criminal Justice (International Co-operation) Act 1990 (which makes similar provision for Scotland) after subsection (6) there shall be added—

“(7)Subject to subsection (8) below, the reference in subsection (2) above to evidence seized by a constable by virtue of this section shall be taken to include a reference to evidence seized by a constable by virtue of the exercise, in the course of a search authorised by a warrant issued by virtue of this section, of powers conferred by section 50 of the Criminal Justice and Police Act 2001.

(8)Nothing in subsection (7) above requires any evidence to be furnished to the Lord Advocate—

(a)before it has been found, on the completion of any examination required to be made by arrangements under subsection (2) of section 53 of the Criminal Justice and Police Act 2001, to be property which falls within subsection (3) of that section (property which may be retained after examination); or

(b)at a time when it constitutes property in respect of which a person is required to ensure that arrangements such as are mentioned in section 61(1) of that Act (duty to secure) are in force.”

26U.K.Section 426 of the Financial Services and Markets Act 2000 (c. 8) (consequential and supplementary provision) shall have effect as if the provisions referred to in subsection (2)(b) of that section included the provisions of this Part of this Act.

27U.K.In paragraph 29(1)(a) of Schedule 5 to the Terrorism Act 2000 (c. 11) (conditions for grant of warrant), for “28” there shall be substituted “ 22 ”.

F83F83SCHEDULE 3E+W

Textual Amendments

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3(1)Subject to sub-paragraphs (2) and (3), a person shall be disqualified for being appointed as a member of the Authority, or for continuing to be such a member if—

(a)a bankruptcy order has been made against him or his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors;

(b)he is subject to a disqualification order under the Company Directors Disqualification Act 1986 (c. 46) or Part 2 of the Companies (Northern Ireland) Order 1989 (S.I. 1989 2404 (N.I. 18)), or to an order made under section 429(2)(b) of the Insolvency Act 1986 (c. 45) (failure to pay under county court administration order); or

(c)within the period of five years before, or at any time on or after, the date of his appointment he has been convicted in any part of the British Islands of an offence in respect of which he was sentenced to imprisonment for a period of three months or more.

(2)Where a person is disqualified under sub-paragraph (1)(a) by reason that a bankruptcy order has been made against him or his estate has been sequestrated, the disqualification shall cease to have effect—

(a)in the case of the bankruptcy order being annulled or the sequestration of his estate being recalled or reduced, on the date of that event; and

(b)in any other case, on his obtaining a discharge.

(3)Where a person is disqualified under sub-paragraph (1)(a) by reason of his having made a composition or arrangement with, or granted a trust deed for, his creditors, the disqualification shall cease to have effect—

(a)in the case of his paying his debts in full, on the date on which the payment is completed; and

(b)in any other case, at the end of the period of five years beginning with the date on which the terms of the deed of composition or arrangement or trust deed are fulfilled.

(4)For the purposes of sub-paragraph (1)(c)—

(a)the date of a conviction shall be taken to be the ordinary date on which the period allowed for making an appeal or application expires or, if an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution;

(b)a sentence of imprisonment for any term the whole or any part of which is suspended shall be taken to be a sentence of imprisonment for the whole term.

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Section 102

SCHEDULE 4U.K. Consequential amendments relating to police training

The Public Records Act 1958 (c. 51)U.K.

1In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3 there shall be inserted, at the appropriate place—

“Central Police Training and Development Authority”.

The Parliamentary Commissioner Act 1967 (c. 13)U.K.

2F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Superannuation Act 1972 (c. 11)U.K.

3F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The House of Commons Disqualification Act 1975 (c. 24)U.K.

4F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Northern Ireland Assembly Disqualification Act 1975 (c. 25)U.K.

5F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Amendments of Police Pensions Act 1976 (c. 35)U.K.

6F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Police Act 1996 (c. 16)U.K.

7F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Freedom of Information Act 2000 (c. 36)U.K.

8F92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F93F93SCHEDULE 5U.K.

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Textual Amendments

Section 128

SCHEDULE 6U.K. Minor and consequential amendments relating to NCIS and NCS

Part IU.K. The 1997 Act

1U.K.F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

2U.K.F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

3U.K.F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

4U.K.F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

5U.K.F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

6U.K.F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

7U.K.F100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

8U.K.F101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

9U.K.F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

10U.K.F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

11U.K.F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

12U.K.F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

13U.K.F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

14U.K.F107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

15U.K.F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

16U.K.F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

17U.K.F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

18U.K.F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

19U.K.F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

20U.K.F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

21U.K.F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part 2U.K. Local government enactments relating to NCS Service Authority

Local Government Act 1972 (c. 70)U.K.

22The Local Government Act 1972 shall be amended as follows.

23U.K.In section 94 (disability of members of authorities for voting on account of interest in contracts, etc.), in subsection (5)(b) (receipts of certain allowances not to be treated as a pecuniary interest), the words “or paragraph 17 of Schedule 2 to the Police Act 1997” shall be omitted.

24U.K.In section 98, the following shall be omitted—

(a)in subsection (1A) (application to joint authorities of provisions about members’ interests), the words “and the Service Authority for the National Crime Squad”; and

(b)subsection (1B) (powers to remove a disability resulting from members’ interests restricted to cases where transaction of business impeded).

25U.K.In section 99 (meeting and proceedings of local authorities), the words “, the Service Authority for the National Crime Squad” shall be omitted.

26U.K.In section 100J (application to joint authorities etc. of provision relating to access to meetings and documents), the following shall be omitted—

(a)subsection (1)(ea);

(b)in subsection (3), the word “, (ea)”;

(c)subsection (3A); and

(d)in subsection (4), the words “or the Service Authority for the National Crime Squad”.

27U.K.In section 107 (application to police authorities of provisions relating to the discharge of functions by local authorities)—

(a)in subsection (7), for “(a), (aa) and (b)” there shall be substituted “ (a) and (b) ”; and

(b)subsection (8A) shall be omitted.

28U.K.In section 146A (application to police authorities of miscellaneous powers of local authorities)—

(a)in subsection (1)—

(i)for “subsections (1A) and (1AA)” there shall be substituted “ subsection (1A) ”; and

(ii)for “, the Metropolitan Police Authority and the Service Authority for the National Crime Squad” there shall be substituted “ and the Metropolitan Police Authority ”;

(b)in subsection (1A), the words “nor the Service Authority for the National Crime Squad” shall be omitted; and

(c)subsection (1AA) shall be omitted.

29U.K.In section 223 (appearance of local authorities in legal proceedings), in subsection (2), for “, the Metropolitan Police Authority and the Service Authority for the National Crime Squad” there shall be substituted “ and the Metropolitan Police Authority ”.

30U.K.In section 228 (inspection of documents), in subsection (7A), the words “or the Service Authority for the National Crime Squad” shall be omitted.

31U.K.The words “and the Service Authority for the National Crime Squad” shall be omitted where they appear—

(a)in section 229 (photographic copies of documents), in subsection (8);

(b)in section 231 (service of notices on local authorities, etc.), in subsection (4);

(c)in section 232 (public notices), in subsection (1A);

(d)in section 233 (service of notices by local authorities), in subsection (11); and

(e)in section 234 (authentication of documents), in subsection (4).

32U.K.In Schedule 12 (meetings and proceedings of local authorities), the following shall be omitted—

(a)in paragraph 6A, the words “or of the Service Authority for the National Crime Squad”;

(b)in paragraph 6B—

(i)in sub-paragraph (b), the words “or of the Service Authority for the National Crime Squad,”; and

(ii)sub-paragraph (c) and the word “and” immediately preceding it;

and

(c)in paragraph 46, the words “and the Service Authority for the National Crime Squad”.

Local Government Act 1974 (c. 7)U.K.

33In section 25 of the Local Government Act 1974 (authorities subject to investigation by Commission for Local Administration), in subsection (1), paragraph (caa) shall be omitted.

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)U.K.

34In section 30 of the Local Government (Miscellaneous Provisions) Act 1976 (power to forgo repayment of remuneration paid to deceased employees), in subsection (3), the words “, and a member of the National Crime Squad within section 55(1)(a) or (b) of the Police Act 1997 shall be treated as employed by the Service Authority for the National Crime Squad,” shall be omitted.

35U.K.In section 44 of that Act (interpretation), in subsection (1)(a) the words “, the Service Authority for the National Crime Squad” shall be omitted.

Local Government, Planning and Land Act 1980 (c. 65)U.K.

36In section 20 of the Local Government, Planning and Land Act 1980 (interpretation of provisions relating to direct labour organisations), in subsection (1)—

(a)in paragraph (a)(i) of the definition of “local authority”, the words “, the Service Authority for the National Crime Squad” shall be omitted; and

(b)in paragraph (aa) of the definition the words “or the Service Authority for the National Crime Squad” shall be omitted.

37U.K.In section 99 of that Act (directions to dispose of land), in subsection (4), paragraph (dd) shall be omitted.

38U.K.In Schedule 16 to that Act (bodies to whom provisions of Part 10 relating to registration of land apply), paragraph 5D shall be omitted.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)U.K.

39In section 33 of the Local Government (Miscellaneous Provisions) Act 1982 (enforceability by local authorities of certain covenants relating to land), in subsection (9)(a), the words “, the Service Authority for the National Crime Squad” shall be omitted.

40U.K.In section 41 of that Act (lost and uncollected property), in subsection (13), in the definition of “local authority” paragraph (cb) shall be omitted.

Local Government Act 1986 (c. 10)U.K.

41In section 6 of the Local Government Act 1986 (interpretation of provisions relating to publicity and promotion of homosexuality), in subsection (2)(a), the words “the Service Authority for the National Crime Squad,” shall be omitted.

42U.K.In section 9 of that Act (interpretation of provisions relating to the transfer of mortgages), in subsection (1)(a), the words “the Service Authority for the National Crime Squad,” shall be omitted.

Local Government Act 1988 (c. 9)U.K.

43In section 1 of the Local Government Act 1988 (defined authorities for provisions on competition), in subsection (1), paragraph (ea) shall be omitted.

44U.K.In Schedule 2 to that Act, in the list of public authorities to which provisions on supply or works contracts apply, the entry for the Service Authority for the National Crime Squad shall be omitted.

Local Government Finance Act 1988 (c. 41)U.K.

45The Local Government Finance Act 1988 shall be amended as follows.

46U.K.In section 111, in subsection (2) (definition of “relevant authority” for the purposes of provisions regulating financial administration), paragraph (ea) (the Service Authority for the National Crime Squad) shall be omitted.

47U.K.In section 112 (financial administration as to certain police and fire authorities), in subsection (2), paragraph (ab) shall be omitted.

48U.K.In section 114 (functions of chief finance officer as regards reports), subsection (9) shall be omitted.

Local Government and Housing Act 1989 (c. 42)U.K.

49The Local Government and Housing Act 1989 shall be amended as follows.

50U.K.In section 21, in subsection (1) (definition of local authority for purposes of various provisions relating to their members, officers, staff and committees, etc.), in paragraph (g), for “, the Metropolitan Police Authority or the Service Authority for the National Crime Squad” there shall be substituted “ or the Metropolitan Police Authority ”.

51U.K.In section 39, in subsection (1) (authorities to which provisions about revenue accounts and capital finance apply), paragraph (ja) (the Service Authority for the National Crime Squad) shall be omitted.

52U.K.In section 67 (application of provisions relating to companies in which local authorities have interests), in subsection (3)(i), the words “or the Service Authority for the National Crime Squad” shall be omitted.

53E+WIn section 155 (emergency assistance to local authorities), in subsection (4)—

(a)F115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)paragraph (eb) (National Crime Squad) shall be omitted.

Textual Amendments

F115Sch. 6 para. 53(a) and following word repealed (27.11.2003 for W. (only for the purpose of and in relation to financial years beginning on or after 1st April 2004) and 1.4.2004 for E.) by Local Government Act 2003 (c. 26), ss. 127(2), 128, Sch. 8 Pt. 1; S.I. 2003/3034, art. 2(1), Sch. 1; S.I. 2003/2938, art. 7(e)(x) (with transitional provisions and savings in art. 8, Sch.)

54U.K.In section 157 (commutation of, and interest on, periodic payments of grants, etc.), subsection (6)(ga) shall be omitted.

Part 3U.K. Miscellaneous other enactments

Public Records Act 1958 (c. 51)U.K.

55F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Parliamentary Commissioner Act 1967 (c. 13)U.K.

56F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)U.K.

57In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(b) for “, any police authority, the Service Authority for the National Criminal Intelligence Service and the Service Authority for the National Crime Squad” there shall be substituted “ and any police authority ”.

Local Authorities (Goods and Services) Act 1970 (c. 39)U.K.

58In section 1 of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities), in subsection (4), in the definition of “public body” the words “, the Service Authority for the National Crime Squad, the Service Authority for the National Criminal Intelligence Service” shall be omitted.

Employers’ Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (N.I. 6)U.K.

59In Article 7 of the Employers’ Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (employers exempted from insurance), paragraph (ab) shall be omitted.

House of Commons Disqualification Act 1975 (c. 24)U.K.

60F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Northern Ireland Assembly Disqualification Act 1975 (c. 25)U.K.

61F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Rent (Agriculture) Act 1976 (c. 80)U.K.

62In section 5 of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to the Crown etc), in subsection (3), in paragraph (baa), the words “, the Service Authority for the National Crime Squad and the Service Authority for the National Criminal Intelligence Service” shall be omitted.

Rent Act 1977 (c. 42)U.K.

63In section 14 of the Rent Act 1977 (landlord’s interest belonging to local authority, etc), paragraph (caaa) shall be omitted.

Finance Act 1981 (c. 35)U.K.

64In section 107 of the Finance Act 1981 (sale of houses at discount by local authorities etc), in subsection (3), paragraph (ka) shall be omitted.

Acquisition of Land Act 1981 (c. 67)U.K.

65In section 17 of the Acquisition of Land Act 1981 (compulsory purchase of local authority and statutory undertakers’ land), in subsection (4), in the definition (for the purposes of subsection (3)) of “local authority”—

(a)in paragraph (a), the words “, the Service Authority for the National Crime Squad, the Service Authority for the National Criminal Intelligence Service” shall be omitted, and

(b)in paragraph (b), the words “, the Service Authority for the National Crime Squad or the Service Authority for the National Criminal Intelligence Service” shall be omitted.

County Courts Act 1984 (c. 28)U.K.

66In section 60 of the County Courts Act 1984 (right of audience for officer of local authority in proceedings brought by authority), in subsection (3), in the definition of “local authority” the words “, the Service Authority for the National Criminal Intelligence Service, the Service Authority for the National Crime Squad” shall be omitted.

Housing Act 1985 (c. 51)U.K.

67In section 4 of the Housing Act 1985 (interpretation), in paragraph (e), the words “, the Service Authority for the National Criminal Intelligence Service, the Service Authority for the National Crime Squad” shall be omitted.

Housing Associations Act 1985 (c. 69)U.K.

68In section 106 of the Housing Associations Act 1985 (minor definitions), in subsection (1), in the definition of “local authority” for the words from “, the Metropolitan Police Authority” to the end of the definition there shall be substituted “ and the Metropolitan Police Authority ”.

Landlord and Tenant Act 1985 (c. 70)U.K.

69In section 38 of the Landlord and Tenant Act 1985 (minor definitions), in the definition of “local authority”, the words “, the Service Authority for the National Criminal Intelligence Service, the Service Authority for the National Crime Squad” shall be omitted.

Landlord and Tenant Act 1987 (c. 31)U.K.

70In section 58 of the Landlord and Tenant Act 1987, in subsection (1) (definition of “exempt landlord”), in paragraph (a), the words “, the Service Authority for the National Criminal Intelligence Service, the Service Authority for the National Crime Squad” shall be omitted.

Income and Corporation Taxes Act 1988 (c. 1)U.K.

71In section 842A of the Income and Corporation Taxes Act 1988 (meaning of “local authority” in the Tax Acts), in subsection (1)—

(a)in paragraph (a) the words “or the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad” shall be omitted; and

(b)in both paragraphs (b) and (c) the words “or the Service Authority for the National Criminal Intelligence Service” shall be omitted.

Local Government Finance Act 1988 (c. 41)U.K.

72In section 64, in subsection (7) (exclusion from Crown exemption of hereditaments of certain authorities), paragraphs (da) and (db) shall be omitted.

73U.K.In section 65A (Crown property), in subsection (4)(b) for the words from “, a police authority” to the end there shall be substituted “ or by a police authority established under section 3 of the Police Act 1996. ”

Housing Act 1988 (c. 50)U.K.

74F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Town and Country Planning Act 1990 (c. 8)U.K.

75In section 252 of the Town and Country Planning Act 1990 (procedure for making of orders relating to highways), in subsection (12), in the definition of “local authority” the words “, the Service Authority for the National Crime Squad, the Service Authority for the National Criminal Intelligence Service” shall be omitted.

Local Government Finance Act 1992 (c. 14)U.K.

76In section 19 of the Local Government Finance Act 1992 (exclusion of Crown exemption in certain cases), in subsection (3), paragraphs (ca) and (cb) shall be omitted.

Police Act 1996 (c. 16)U.K.

77F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Housing Grants, Construction and Regeneration Act 1996 (c. 53)U.K.

78The Housing Grants, Construction and Regeneration Act 1996 shall be amended as follows.

79U.K.In section 3 (persons ineligible for certain grants), in subsection (2)(g), the words “, the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad” shall be omitted.

80U.K.F122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 137

SCHEDULE 7U.K.Repeals and revocations

Part 1E+W Provisions for combatting alcohol-related disorder

Short title and chapterExtent of repeal
The Licensing Act 1964 (c. 26).In section 196A(1), at the end of paragraph (a), the word “and”.

Part 2U.K. Fingerprints and samples

Commencement Information

I1Sch. 7 Pt. 2 wholly in force at 1.4.2003; Sch. 7 Pt. 2 not in force at Royal Assent, see s. 138; Sch. 7 Pt. 2 in force for certain purposes at 19.6.2001 by S.I. 2001/2223, art. 2(1)(g); Sch. 7 Pt. 2 in force for certain purposes at 1.1.2003 by S.I. 2002/3032, art. 2; Sch. 7 Pt. 2 in force in so far as not already in force at 1.4.2003 by S.I. 2003/708, art. 2(m)

(1) REPEALS

Short title and chapterExtent of repeal
The Criminal Justice Act 1948 (c. 58).Section 39.
The Criminal Justice Act 1961 (c. 39).In Schedule 4, the entry relating to section 39 of the Criminal Justice Act 1948.
The Police and Criminal Evidence Act 1984 (c. 60).

Section 27(4A).

Section 64(4).

The Criminal Justice and Public Order Act 1994 (c. 33).Section 57(3).
The Crime and Disorder Act 1998 (c. 37).In Schedule 8, paragraph 61.

(2) REVOCATION

Title and referenceExtent of revocation
The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12)).Article 64(4).

Part 3U.K. Police Training

Short title and chapterExtent of repeal
The Police Act 1996 (c. 16).In section 54(2), the word “and”, in the third place where it occurs.

Part 4U.K. Police Organisation

Commencement Information

I2Sch. 7 Pt. 4 wholly in force at 1.4.2002; Sch. 7 Pt. 4 not in force at Royal Assent see s. 138; Sch. 7 Pt. 4 in force for certain purposes at 19.6.2001 by S.I. 2001/2223, art. 2(1)(h); Sch. 7 Pt. 4 in force for certain purposes at 1.12.2001 and 1.1.2002 by S.I. 2001/3736, arts. 2(g), 3(c); Sch. 7 Pt. 4 in force for certain purposes at 1.4.2002 by S.I. 2002/344, art.3 (with art. 4)

Short title and chapterExtent of repeal
The Police Act 1996.

In section 12, subsections (4) to (6).

Section 13(2).

In Schedule 2—

(a) paragraph 10;

(b) in paragraph 16(1)(a), the words from “or a term” to “shorter”; and

(c) in paragraph 25(1), the words “and allowances”.

In Schedule 2A, in paragraph 20—

(a) in sub-paragraph (1), the words “and allowances”; and

(b) sub-paragraph (2).

In Schedule 3—

(a) in each of paragraphs 2 and 9(a), the word “10”; and

(b) in paragraph 3, in sub-paragraph (1), the words “for a police area listed in Schedule 1” and the words from “or for a term” to “shorter”, and sub-paragraph (1A).

The Police Act 1997 (c. 50).

In Schedule 2—

(a) paragraph 1(b) and the word “or” immediately preceding it;

(b) in paragraph 5(a), the words from “or a term” to “shorter”; and

(c) in paragraph 17, in sub-paragraph (1) the words “and allowances”, and sub-paragraph (2).

The Greater London Authority Act 1999 (c. 29).In Schedule 27, paragraph 106(5) and (6).

Part 5U.K. NCIS and NCS

Commencement Information

I3Sch. 7 Pt. 5 wholly in force at 1.4.2002; Sch. 7 Pt. 5 not in force at Royal Assent see s. 138; Sch. 7 Pt. 5 in force for certain purposes at 1.8.2001 by S.I. 2001/2223, art. 3(l); Sch. 7 Pt. 5 in force at 1.4.2002 in so far as not already in force by S.I. 2002/344, art. 3 (with art. 4)

(1) Repeals

Short title and chapterExtent of repeal
The Local Authorities (Goods and Services) Act 1970 (c. 39).In section 1(4), in the definition of “public body”, the words “, the Service Authority for the National Crime Squad, the Service Authority for the National Criminal Intelligence Service”.
The Local Government Act 1972 (c. 70).

In section 94(5)(b), the words “or paragraph 17 of Schedule 2 to the Police Act 1997”.

In section 98—

(a) in subsection (1A) the words “and the Service Authority for the National Crime Squad”; and

(b) subsection (1B).

In section 99 the words “, the Service Authority for the National Crime Squad”.

In section 100J—

(a) subsection (1)(ea);

(b) in subsection (3) the word “, (ea)”;

(c) subsection (3A); and

(d) in subsection (4) the words “or the Service Authority for the National Crime Squad”.

Section 107(8A).

In section 146A—

(a) in subsection (1A) the words “nor the Service Authority for the National Crime Squad”; and

(b) subsection (1AA).

In section 228(7A) the words “or the Service Authority for the National Crime Squad”.

In section 229(8) the words “and the Service Authority for the National Crime Squad”.

In section 231(4) the words “and the Service Authority for the National Crime Squad”.

In section 232(1A) the words “and the Service Authority for the National Crime Squad”.

In section 233(11) the words “and the Service Authority for the National Crime Squad”.

In section 234(4) the words “and the Service Authority for the National Crime Squad”.

In Schedule 12—

(a) in paragraph 6A the words “, or of the Service Authority for the National Crime Squad”;

(b) in paragraph 6B(b) the words “ or of the Service Authority for the National Crime Squad,”;

(c) in paragraph 6B, sub-paragraph (c) and the word “and” immediately preceding it; and

(d) in paragraph 46 the words “and the Service Authority for the National Crime Squad”.

The Local Government Act 1974 (c. 7).Section 25(1)(caa).
The Local Government (Miscellaneous Provisions) Act 1976 (c .57).

In section 30(3) the words “, and a member of the National Crime Squad within section 55(1)(a) or (b) of the Police Act 1997 shall be treated as employed by the Service Authority for the National Crime Squad,”.

In section 44(1)(a) the words “, the Service Authority for the National Crime Squad”.

The Rent (Agriculture) Act 1976 (c. 80).In section 5(3)(baa) the words “, the Service Authority for the National Crime Squad and the Service Authority for the National Criminal Intelligence Service”.
The Rent Act 1977 (c. 42).Section 14(caaa).
The Local Government, Planning and Land Act 1980 (c. 65).

In section 20(1)—

(a) in paragraph (a)(i) of the definition of “local authority”, the words “, the Service Authority for the National Crime Squad”; and

(b) in paragraph (aa) of that definition “or the Service Authority for the National Crime Squad”.

Section 99(4)(dd).

In Schedule 16, paragraph 5D.

The Finance Act 1981 (c. 35).Section 107(3)(ka).
The Acquisition of Land Act 1981 (c. 67).

In section 17(4), in the definition (for the purposes of subsection (3)) of “local authority”—

(a) in paragraph (a) the words “, the Service Authority for the National Crime Squad, the Service Authority for the National Criminal Intelligence Service”, and

(b) in paragraph (b) the words “, the Service Authority for the National Crime Squad or the Service Authority for the National Criminal Intelligence Service”.

The Local Government (Miscellaneous Provisions) Act 1982 (c. 30).

In section 33(9)(a) the words “, the Service Authority for the National Crime Squad”.

In section 41(13), in the definition of “local authority”, paragraph (cb).

The County Courts Act 1984 (c. 28).In section 60(3), in the definition of “local authority”, the words “, the Service Authority for the National Criminal Intelligence Service, the Service Authority for the National Crime Squad.”
The Housing Act 1985 (c. 68).In section 4(e), the words “, the Service Authority for the National Criminal Intelligence Service, the Service Authority for the National Crime Squad”.
The Landlord and Tenant Act 1985 (c. 70).In section 38, in the definition of “local authority”, the words “, the Service Authority for the National Criminal Intelligence Service, the Service Authority for the National Crime Squad”.
The Local Government Act 1986 (c. 10).

In section 6(2)(a) the words “the Service Authority for the National Crime Squad,”.

In section 9(1)(a) the words “the Service Authority for the National Crime Squad,”.

The Landlord and Tenant Act 1987 (c. 31).In section 58(1)(a) the words “, the Service Authority for the National Criminal Intelligence Service, the Service Authority for the National Crime Squad”.
The Income and Corporation Taxes Act 1988 (c. 1).

In section 842A(1)—

(a) in paragraph (a), the words “or the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad”; and

(b) in both paragraphs (b) and (c), the words “or the Service Authority for the National Criminal Intelligence Service”.

The Local Government Act 1988 (c. 9).

Section 1(1)(ea).

In Schedule 2, the words “The Service Authority for the National Crime Squad.”

The Local Government Finance Act 1988 (c. 41).

Section 64(7)(da) and (db).

Section 111(2)(ea).

In section 112(2), paragraph (ab).

Section 114(9).

The Local Government and Housing Act 1989 (c. 42).

Section 39(1)(ja).

In section 67(3)(i) the words “or the Service Authority for the National Crime Squad”.

Section 155(4)(eb).

Section 157(6)(ga).

The Town and Country Planning Act 1990 (c. 8).In section 252(12), in the definition of “local authority”, the words “, the Service Authority for the National Crime Squad, the Service Authority for the National Criminal Intelligence Service”.
The Local Government Finance Act 1992 (c. 14).

Section 19(3)(ca) and (cb).

Section 32(6A).

Section 43(5A).

The Housing Grants, Construction and Regeneration Act 1996 (c. 53).

In section 3(2)(g) the words “, the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad”.

In section 64(7)(e) the words “, the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad”.

The Police Act 1997 (c. 50).

In section 1(4)—

(a) in paragraph (a), the words “(if it is then in existence)”; and

(b) the word “and” at the end of paragraph (d).

In section 2(6), the words “or under Schedule 3”.

In section 3(4), the word “and” at the end of paragraph (c).

In section 4(5), the word “and” at the end of paragraph (f).

In section 5(3), the word “and” at the end of paragraph (f).

In section 6—

(a) in subsection (2) the words “after consultation with the Scottish Ministers”;

(b) in subsection (4)(a) the words “(other than under paragraph 6, 7(f) or 8(1)(h) of Schedule 1)”; and

(b) in subsection (4)(b) the words “local authority” and “(as defined in paragraph 14 of that Schedule)”.

Section 7.

Section 9(10).

Section 16(3).

Section 18.

In section 26(2), the word “and” at the end of paragraph (g).

In section 41—

(a) in subsection (1), the word “and” at the end of paragraph (c), and

(b) in subsection (2), the word “and” at the end of paragraph (e).

Section 44.

In section 47(4)(a), the words “(if it is then in existence)”.

In section 48(7), the words “or under Schedule 5”.

In section 49(4), the word “and” at the end of paragraph (b).

In section 50(5), the word “and” at the end of paragraph (d).

In section 51(3), the word “and” at the end of paragraph (d).

In section 52—

(a) in subsection (4)(a) the words “(other than under paragraph 6 of Schedule 1)”; and

(b) in subsection (4)(b) the words “local authority” and “(as defined in paragraph 14 of that Schedule)”.

Section 53.

Section 55(10).

Section 61(3).

Sections 63, 67 and 68.

In section 71(2), the word “and” at the end of paragraph (e).

In section 85—

(a) in subsection (1), the word “and” at the end of paragraph (b), and

(b) in subsection (2), the word “and” at the end of paragraph (b).

Section 137(2)(d).

In Schedule 1—

(a) in paragraph 2(2)(c), the words “local authority”;

(b) in paragraph 2(4), the words “in relation to the NCIS Service Authority”.

(c) paragraph 3(2);

(d) in paragraph 4(1), the words “local authority”;

(e) paragraph 4(2);

(f) in paragraph 8(1)(e), the words “(being not less than two)” and “local authority”;

(g) paragraph 8(2);

(h) in paragraph 9(b), the words “local authority”;

(j) in paragraph 10(1)(c), the words “(being not less than six)” and “local authority”;

(k) paragraph 10(2);

(l) paragraph 12;

(m) in paragraph 13(a), the words “local authority”; and

(n) paragraph 14.

In Schedule 2, paragraph 9.

Schedules 3, 4 and 5.

Schedule 6 (other than paragraphs 5(1) and (2), 6(1), (2) and (3)(a) and (c), 7 and 29).

In Schedule 9, paragraphs 23, 25, 38, 39, 42, 43, 45, 49, 51 to 53, 55, 63, 67 and 68.

The Audit Commission Act 1998 (c. 18).

In section 17(7), paragraph (g) and the word “and” immediately preceding it.

In section 32(2), paragraph (b) and the word “or” immediately preceding it.

In Schedule 2, paragraph 1(1).

In Schedule 3, paragraph 33.

The Greater London Authority Act 1999 (c. 29).

Section 86(3).

Section 104(3)(b).

In Schedule 27, paragraphs 28(2), 29, 63, 110, 111, 113(3), 114 and 115.

The Police (Northern Ireland) Act 2000 (c. 32).In Schedule 6, in paragraph 20(7), the words “(7)(b) and”.

(2) Revocations

Title and referenceExtent of revocation
The Employers’ Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order (S.I. 1972 963 (N.I. 6)).Article 7(ab).
The Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999 (S.I. 1999/1747).In Schedule 18, paragraph 2(6), (7), (15)(a), (25), (27) and (28)(b).

Part 6U.K. Miscellaneous

Commencement Information

I4Sch. 7 Pt. 6 partly in force; Sch. 7 Pt. 6 not in force at Royal Assent see s. 138; Sch. 7 Pt. 6 in force for certain purposes at 1.8.2001 by S.I. 2001/2223, art. 3(m)

Short title and chapterExtent of repeal
The Bail Act 1976 (c. 63).In Schedule 1, paragraph 9A.
The Criminal Justice Act 1988 (c. 33).Section 153.

Yn ôl i’r brig

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