- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (03/11/2015)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 30/08/2018
Point in time view as at 03/11/2015.
There are currently no known outstanding effects for the Crime and Courts Act 2013,
Part 1
.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
1U.K.The Police Act 1997 is amended as follows.
Commencement Information
I1Sch. 21 para. 1 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
2(1)Section 93 (authorisations to interfere with property etc) is amended in accordance with this paragraph.U.K.
(2)In subsection (1B), after “Customs” insert “ , an immigration officer ”.
(3)In subsection (3)—
(a)in paragraph (d), omit the final “or”;
(b)after paragraph (d) insert—
“(da)if the authorising officer is within subsection (5)(ha), by an immigration officer;”.
(4)In subsection (4)—
(a)in the words after paragraph (b), for “it” substitute “ the conduct ”;
(b)after “1979” insert “ or, where the authorising officer is within subsection (5)(ha), any of the offences is an immigration or nationality offence ”.
(5)In subsection (5)(h), omit “or”.
(6)After subsection (6B), insert—
“(6C)For the purposes of this section, an offence is an immigration or nationality offence if conduct constituting the offence—
(a)relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or
(b)is undertaken for the purposes of, or otherwise in relation to, any of these enactments—
(i)the British Nationality Act 1981;
(ii)the Hong Kong Act 1985;
(iii)the Hong Kong (War Wives and Widows) Act 1996;
(iv)the British Nationality (Hong Kong) Act 1997;
(v)the British Overseas Territories Act 2002;
(vi)an instrument made under any of those Acts.”.
Commencement Information
I2Sch. 21 para. 2 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
3U.K.In section 94 (authorisations given in absence of authorising officer), in subsection (2), after paragraph (f) insert—
“(fa)where the authorising officer is within paragraph (ha) of that subsection, by a senior official (within the meaning of the Regulation of Investigatory Powers Act 2000) in the department of the Secretary of State by whom functions relating to immigration are exercisable who is designated by the Secretary of State for the purposes of this section;”.
Commencement Information
I3Sch. 21 para. 3 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
4U.K.In section 107 (supplementary provisions relating to Commissioners), in subsection (4), after paragraph (c) insert—
“(d)the functions of the Secretary of State relating to immigration.”.
Commencement Information
I4Sch. 21 para. 4 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
5U.K.The Regulation of Investigatory Powers Act 2000 is amended as follows.
Commencement Information
I5Sch. 21 para. 5 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
6U.K.In section 32(6) (authorisation of intrusive surveillance: senior authorising officers), in paragraph (m), omit the final “and”.
Commencement Information
I6Sch. 21 para. 6 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
7(1)Section 33 (rules for grant of authorisations) is amended in accordance with this paragraph.U.K.
(2)After subsection (4) insert—
“(4ZA)A senior official who is a senior authorising officer by virtue of a designation by the Secretary of State under section 32(6)(ma) shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by an immigration officer.”.
(3)In subsection (5)(a), after “Customs” insert “ , an immigration officer ”.
Commencement Information
I7Sch. 21 para. 7 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
8(1)Section 34 (grant of authorisations in the senior officer's absence) is amended in accordance with this paragraph.U.K.
(2)In subsection (1)(a), after “Customs” insert “ or an immigration officer ”.
(3)In subsection (2)(a), after “Customs” insert “ or the Secretary of State ”.
(4)In subsection (4), after paragraph (l) insert—
“(la)a person is entitled to act for a person who is a senior authorising officer by virtue of a designation under section 32(6)(ma), if the person is a senior official in the department of the Secretary of State by whom functions relating to immigration are exercisable who is designated for the purposes of this paragraph by the Secretary of State as a person entitled so to act in an urgent case;”.
Commencement Information
I8Sch. 21 para. 8 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
9(1)Section 35 (notification of authorisations for intrusive surveillance) is amended in accordance with this paragraph.U.K.
(2)In subsection (1), after “Customs” insert “ , immigration ”.
(3)In subsection (10)—
(a)in the words before paragraphs (a) to (c), after “Customs” insert “ , immigration ”;
(b)in paragraph (b), for “by the Commissioners for Her Majesty's Revenue and Customs” substitute “ under section 32(6)(m) or (ma) ”.
Commencement Information
I9Sch. 21 para. 9 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
10(1)Section 36 (approval required for authorisations to take effect) is amended in accordance with this paragraph.U.K.
(2)In subsection (1)—
(a)in paragraph (d) omit “or”;
(b)after paragraph (d) insert—
“(da)an immigration officer; or”.
(3)In subsection (6)—
(a)in paragraph (g) omit the final “and”;
(b)after paragraph (g) insert—
“(ga)where the authorisation was granted by a senior official designated under section 32(6)(ma) or entitled to act for such an official under section 34(4)(la), the senior official designated under section 32(6)(ma); and”.
Commencement Information
I10Sch. 21 para. 10 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
11U.K.In section 37 (quashing of authorisations), in subsection (1)—
(a)in paragraph (d) omit “or”;
(b)after paragraph (d) insert—
“(da)an immigration officer; or”.
Commencement Information
I11Sch. 21 para. 11 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
12U.K.In section 40 (information to be provided to Surveillance Commissioners), in subsection (1)—
(a)in paragraph (d) omit the final “and”;
(b)after paragraph (d) insert—
“(da)every immigration officer and every other official in the department of the Secretary of State by whom functions relating to immigration are exercisable, and”.
Commencement Information
I12Sch. 21 para. 12 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
13U.K.In section 46 (restrictions on authorisations extending to Scotland), in subsection (3)—
(a)in paragraph (e) omit the final “and”;
(b)after paragraph (e) insert—
“(ea)the department of the Secretary of State by whom functions relating to immigration are exercisable; and”.
Commencement Information
I13Sch. 21 para. 13 in force at 25.6.2013 by S.I. 2013/1042, art. 4(i)
14U.K.The Proceeds of Crime Act 2002 is amended as follows.
Commencement Information
I14Sch. 21 para. 14 in force at 25.6.2013 for specified purposes by S.I. 2013/1042, art. 4(j)
I15Sch. 21 para. 14 in force at 22.11.2014 for specified purposes by S.I. 2014/3098, art. 2(d)
15U.K.In section 41A (restraint orders: power to retain seized property etc), in subsection (3), after paragraph (c) insert—
“(ca)an immigration officer;”.
Commencement Information
I16Sch. 21 para. 15 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
16(1)Section 47C (power to seize property) is amended in accordance with this paragraph.U.K.
(2)Subsection (6) is amended as follows—
(a)after paragraph (a) insert—
“(aa)where applicable, in accordance with subsection (6A) or (6B).”;
(b)for “(b) is exercisable” substitute—
“(6A)The power conferred by this section is exercisable”.
(3)After subsection (6A) insert—
“(6B)The power conferred by this section is exercisable by an immigration officer only if the officer has reasonable grounds for suspecting that conduct constituting the relevant offence—
(a)relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or
(b)is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment.”.
(4)After subsection (7) insert—
“(8)Relevant nationality enactment” means any enactment in—
(a)the British Nationality Act 1981,
(b)the Hong Kong Act 1985,
(c)the Hong Kong (War Wives and Widows) Act 1996,
(d)the British Nationality (Hong Kong) Act 1997,
(e)the British Overseas Territories Act 2002, or
(f)an instrument made under any of those Acts.”.
Commencement Information
I17Sch. 21 para. 16 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
17U.K.In section 47G (“appropriate approval”), in subsection (3), after paragraph (a) insert—
“(aa)in relation to the exercise of a power by an immigration officer, an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer,”.
Commencement Information
I18Sch. 21 para. 17 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
18U.K.In section 47M (further detention in other cases), in subsection (3), after paragraph (a) insert—
“(aa)an immigration officer;”.
Commencement Information
I19Sch. 21 para. 18 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
19U.K.In section 72 (serious default), in subsection (9), after paragraph (e) insert—
“(ea)if the person in default was an immigration officer, the compensation is payable by the Secretary of State;”.
Commencement Information
I20Sch. 21 para. 19 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
20U.K.In section 120A (restraint orders: power to retain seized property etc), in subsection (3), after paragraph (b) insert—
“(ba)an immigration officer;”.
Commencement Information
I21Sch. 21 para. 20 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
21(1)Section 127C (power to seize property) is amended in accordance with this paragraph.U.K.
(2)Subsection (6) is amended as follows—
(a)after paragraph (a) insert—
“(aa)where applicable, in accordance with subsection (6A) or (6B).”;
(b)for “(b) is exercisable” substitute—
“(6A)The power conferred by this section is exercisable”.
(3)After subsection (6A) insert—
“(6B)The power conferred by this section is exercisable by an immigration officer only if the officer has reasonable grounds for suspecting that conduct constituting the relevant offence—
(a)relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or
(b)is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment.”.
(4)After subsection (7) insert—
“(8)Relevant nationality enactment” means any enactment in—
(a)the British Nationality Act 1981,
(b)the Hong Kong Act 1985,
(c)the Hong Kong (War Wives and Widows) Act 1996,
(d)the British Nationality (Hong Kong) Act 1997,
(e)the British Overseas Territories Act 2002, or
(f)an instrument made under any of those Acts.”.
Commencement Information
I22Sch. 21 para. 21 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
22U.K.In section 127G (“appropriate approval”), in subsection (3), after paragraph (a) insert—
“(aa)in relation to the exercise of a power by an immigration officer, an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer,”.
Commencement Information
I23Sch. 21 para. 22 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
23U.K.In section 127M (further detention in other cases: Scotland), in subsection (3), after paragraph (a) insert—
“(aa)an immigration officer;”.
Commencement Information
I24Sch. 21 para. 23 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
24U.K.In section 190A (restraint orders: power to retain seized property), in subsection (3), after paragraph (c) insert—
“(ca)an immigration officer;”.
Commencement Information
I25Sch. 21 para. 24 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
25(1)Section 195C (power to seize property) is amended in accordance with this paragraph.U.K.
(2)Subsection (6) is amended as follows—
(a)after paragraph (a) insert—
“(aa)where applicable, in accordance with subsection (6A) or (6B).”;
(b)for “(b) is exercisable” substitute—
“(6A)The power conferred by this section is exercisable”.
(3)After subsection (6A) insert—
“(6B)The power conferred by this section is exercisable by an immigration officer only if the officer has reasonable grounds for suspecting that conduct constituting the relevant offence—
(a)relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or
(b)is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment.”.
(4)After subsection (7) insert—
“(8)Relevant nationality enactment” means any enactment in—
(a)the British Nationality Act 1981,
(b)the Hong Kong Act 1985,
(c)the Hong Kong (War Wives and Widows) Act 1996,
(d)the British Nationality (Hong Kong) Act 1997,
(e)the British Overseas Territories Act 2002, or
(f)an instrument made under any of those Acts.”.
Commencement Information
I26Sch. 21 para. 25 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
26U.K.In section 195G (“appropriate approval”), in subsection (3), after paragraph (a) insert—
“(aa)in relation to the exercise of a power by an immigration officer, an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer,”.
Commencement Information
I27Sch. 21 para. 26 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
27U.K.In section 195M (further detention in other cases: Northern Ireland), in subsection (3), after paragraph (a) insert—
“(aa)an immigration officer;”.
Commencement Information
I28Sch. 21 para. 27 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
28U.K.In section 297A (forfeiture notice), in subsection (6), after paragraph (a) insert—
“(aa)an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer,”.
Commencement Information
I29Sch. 21 para. 28 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
29U.K.In section 297F (release of cash subject to forfeiture notice), in subsection (4), after “Customs,” insert “ immigration officer, ”.
Commencement Information
I30Sch. 21 para. 29 in force at 22.11.2014 by S.I. 2014/3098, art. 2(e)
30U.K.In section 351 (supplementary provision about production orders), in subsection (5)—
(a)after “customs officer” (in the first place) insert “ or an immigration officer ”;
(b)after “customs officer” (in the second place) insert “ or immigration officer ”.
Commencement Information
I31Sch. 21 para. 30 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
31U.K.In section 352 (search and seizure warrants), in subsection (5)—
(a)in paragraph (a), after “a customs officer” insert “ or an immigration officer ”;
(b)in paragraph (c), after “Customs” insert “ or an immigration officer ”.
Commencement Information
I32Sch. 21 para. 31 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
32U.K.In section 353 (requirements where production order not available), in subsection (10)—
(a)in paragraph (a)—
(i)for “investigator or” substitute “ investigator, ”;
(ii)after “customs officer” insert “ or an immigration officer ”;
(b)in paragraph (c)—
(i)for “investigator or” substitute “ investigator, ”;
(ii)after “Customs” insert “ or an immigration officer ”.
Commencement Information
I33Sch. 21 para. 32 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
33U.K.In section 356 (further provisions: civil recovery and detained cash), in subsection (11)(b), after “Customs” insert “ or an immigration officer ”.
Commencement Information
I34Sch. 21 para. 33 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
34U.K.In section 357 (disclosure orders), in subsection (8)—
(a)in paragraph (c), omit the final “and”;
(b)at the end of paragraph (d), insert “; and—
(e)in relation to a confiscation investigation carried out by an immigration officer, the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland or any specified person.”.
Commencement Information
I35Sch. 21 para. 34 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
35(1)Section 369 (supplementary provision about customer information orders) is amended in accordance with this paragraph.U.K.
(2)In subsection (5)—
(a)after “customs officer” (in the first place) insert “ or an immigration officer ”;
(b)after “customs officer” (in the second place) insert “ or immigration officer ”.
(3)In subsection (7), after “customs officer” insert “ or an immigration officer ”.
Commencement Information
I36Sch. 21 para. 35 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
36U.K.In section 375 (supplementary provision about account monitoring orders), in subsection (4)—
(a)after “customs officer” (in the first place) insert “ or an immigration officer ”;
(b)after “customs officer” (in the second place) insert “ or immigration officer ”.
Commencement Information
I37Sch. 21 para. 36 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
37(1)Section 377 (code of practice of Secretary of State etc) is amended in accordance with this paragraph.U.K.
(2)In subsection (1), after paragraph (e) insert—
“(f)immigration officers.”.
(3)In subsection (5), for “(e)” substitute “ (f) ”.
Commencement Information
I38Sch. 21 para. 37 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
38U.K.In section 412 (interpretation of Chapter 3 of Part 8 — Scotland), in the provision which relates to references to a “constable”, after “customs and excise officer” insert “ and to an immigration officer ”.
Commencement Information
I39Sch. 21 para. 38 in force at 25.6.2013 by S.I. 2013/1042, art. 4(k)
39U.K.In section 24 of the UK Borders Act 2007 (seizure of cash by immigration officers under Proceeds of Crime Act 2002), in subsection (2)(c), for “of the rank of at least Assistant Director” substitute “ at or above the grade which is designated by the Secretary of State as being equivalent to the rank of police inspector ”.
Commencement Information
I40Sch. 21 para. 39 in force at 25.6.2013 by S.I. 2013/1042, art. 4(l)
40U.K.The amendments made to any other Act by section 55 or this Schedule do not prevent sections 1(4), 3(5), 7(5) and 11(4) of the Borders, Citizenship and Immigration Act 2009 from applying to the amended Act (including those provisions of that Act as amended by section 55 or this Schedule).
Commencement Information
I41Sch. 21 para. 40 in force at 25.6.2013 by S.I. 2013/1042, art. 4(l)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys