Violent Crime Reduction Act 2006

Other

59 Limitation period for anti-social behaviour orders

(1) In section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders), after subsection (5) insert—

“(5A) Nothing in this section affects the operation of section 127 of the Magistrates' Courts Act 1980 (limitation of time in respect of informations laid or complaints made in magistrates' court).”

(2) In Article 3 of the Anti-Social Behaviour (Northern Ireland) Order 2004 (SI 2004/1988 (NI 12)) (anti-social behaviour orders), after paragraph (4) insert—

“(4A) Nothing in this Article affects the operation of Article 78 of the Magistrates' Courts (Northern Ireland) Order 1981 (limitation of time in respect of complaints made in courts of summary jurisdiction).”

60 Parenting orders

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

(2) In section 8 (parenting orders)—

(a) in subsections (1)(b) and (6)(a) for “sex offender order” substitute “sexual offences prevention order”; and

(b) after subsection (8) insert—

“(9) In this section “sexual offences prevention order” means an order under section 104 of the Sexual Offences Act 2003 (sexual offences prevention orders).”

(3) In section 18(1) (interpretation etc of Chapter 1 of Part 1), omit the definition of “sex offender order”.

(4) The amendments made by subsection (2) have effect in relation to court proceedings in which an order under section 104 of the Sexual Offences Act 2003 (c. 42) is made before the passing of this Act, as well as those in which such an order is made after that.

61 Committal of young persons of unruly character

In section 23(1) of the Children and Young Persons Act 1969 (c. 54) (remand to local authority accommodation etc. of young persons of unruly character)—

(a) in paragraph (a), for “commits him for trial or” substitute “sends him for trial or commits him for”;

(b) for “the remand or committal”, substitute “the remand, sending or committal”;

(c) for “a reference to a committal”, substitute “a reference to such a sending or a committal”.

62 Offering or agreeing to re-programme a mobile telephone

In section 1(1) of the Mobile Telephones (Re-programming) Act 2002 (c. 31) (offence of re-programming mobile telephone etc.), omit “or” at the end of paragraph (a) and after paragraph (b) insert—

“(c) he offers or agrees to change, or interfere with the operation of, a unique device identifier, or

(d) he offers or agrees to arrange for another person to change, or interfere with the operation of, a unique device identifier.”

63 Removal of sports grounds etc. from private security industry regulation

In section 4 of the Private Security Industry Act 2001 (c. 12) (exemptions from licensing requirement) after subsection (5) insert—

“(6) A relevant employee who engages in licensable conduct shall not be guilty of an offence under section 3 in respect of that conduct if it is carried out in connection with the use of a certified sports ground or certified sports stand for purposes for which its safety certificate has effect.

(7) An employee for a visiting team who engages in licensable conduct shall not be guilty of an offence under section 3 in respect of that conduct if—

(a) it is carried out in connection with the use of a certified sports ground or certified sports stand for purposes for which its safety certificate has effect; and

(b) that visiting team is involved in the activities for which the ground is being used, or which the stand is being used to view.

(8) In subsection (7) a reference to a person being an employee for a visiting team is a reference to his being a relevant employee in relation to the visitors' ground, or in relation to a certified sports stand contained in the visitors' premises.

(9) In this section ‘a relevant employee’, in relation to a certified sports ground or certified sports stand, means a person employed by—

(a) the holder of its safety certificate;

(b) a person who manages the ground or stand or occupies the premises where it is or owns an interest in those premises;

(c) a company which is in the same group as a company falling within paragraph (b).

(10) In this section a reference to the use of a certified sports ground for purposes for which the safety certificate has effect is a reference to—

(a) the use of the ground for activities specified in a general safety certificate in force in respect of the use of that ground; or

(b) the use of the ground, on an occasion specified in a special safety certificate which is so in force, for activities specified in that certificate.

(11) In this section a reference to the use of a certified sports stand for purposes for which the safety certificate has effect is a reference to—

(a) the use of the stand for viewing activities specified in a general safety certificate in force in respect of the use of that stand; or

(b) the use of the stand, on an occasion specified in a special safety certificate which is so in force, for viewing activities specified in that certificate.

(12) In this section—

• ‘certified sports ground’ means a sports ground in respect of which a safety certificate is in force;

• ‘certified sports stand’ means a sports stand in respect of which a safety certificate is in force;

• ‘company’, ‘holding company’ and ‘subsidiary’ have the same meanings as in section 736 of the Companies Act 1985 (c. 6);

• ‘group’, in relation to a company, means a holding company and all of its subsidiaries;

• ‘safety certificate’, ‘general safety certificate’ and ‘special safety certificate’—

  (a)

  in relation to a sports ground, have the same meanings as in the Safety of Sports Grounds Act 1975 (see sections 1(4) and 17(1) of that Act); and

  (b)

  in relation to a sports stand, have the same meanings as in Part 3 of the Fire Safety and Safety of Places of Sport Act 1987 (see section 26(2) and (11) of that Act);

• ‘sports ground’ has the same meaning as in that Act of 1975 (see section 17(1) of that Act);

• ‘sports stand’ means a stand within the meaning of Part 3 of that Act of 1987 (see section 26(11) of that Act);

• ‘visiting team’, in relation to a certified sports ground (‘the home ground’) or a certified sports stand contained in any premises (‘the home premises’) means a team which uses as its base, or as one of its bases, any premises which are either—

  (a)

  a certified sports ground which is not the home ground (‘the visitors' ground’); or

  (b)

  premises which are not the home premises and which contain a certified sports stand (‘the visitors' premises’);

• ‘visitors' ground’ and ‘visitors' premises’, in relation to a visiting team, have the meanings given by the previous definition.”