The Police Act 1997 (Authorisations to Interfere with Property: Relevant Offence) Regulations 2025

Statutory Instruments

2025 No. 73

POLICE

The Police Act 1997 (Authorisations to Interfere with Property: Relevant Offence) Regulations 2025

Made

22nd January 2025

Coming into force

23rd January 2025

The Secretary of State makes these Regulations in exercise of the powers conferred by section 93(4B) of the Police Act 1997(1).

In accordance with section 93(4C) of that Act, a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Police Act 1997 (Authorisations to Interfere with Property: Relevant Offence) Regulations 2025.

(2) These Regulations come into force on the day after the day on which they are made.

(3) These Regulations extend to the United Kingdom.

Amendment to the Police Act 1997

2.  In section 93(4A) of the Police Act 1997, after paragraph (h) insert—

“(i) an offence under any of these provisions of the National Security Act 2023(2)—

(i) section 4 (entering etc a prohibited place for a purpose prejudicial to the UK);

(ii) section 5 (unauthorised entry etc to a prohibited place);

(iii) section 11(4) (failure to comply with an order in relation to a cordoned area).”.

Dan Jarvis

Minister of State

Home Office

22nd January 2025

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend section 93 of the Police Act 1997 (c. 50) (“the 1997 Act”), which enables the authorisation of property interference and interference with wireless telegraphy, including for the purpose of preventing or detecting the use of an unmanned aircraft (“UA”) in the commission of a “relevant offence”.

Regulation 2 adds offences under sections 4 (entering etc a prohibited place for a purpose prejudicial to the UK), 5 (unauthorised entry etc to a prohibited place) and 11(4) (failure to comply with an order in relation to a cordoned area) of the National Security Act 2023 (c. 32) (“the 2023 Act”) to the list of relevant offences in section 93(4A) of the 1997 Act. The offences in sections 4 and 5 of the 2023 Act may be committed by the use of a UA in or around a prohibited place. The offence in section 11(4) of the 2023 Act may be committed by failing to comply with the order of a constable under section 11(1) of that Act not to use a UA in or around a cordoned area.

The amendments made by these Regulations will ensure that police and other authorised officials have the power to interfere with or use counter-UA equipment against a UA that is being used in the commission of an offence under the 2023 Act.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

1997 c. 50. Subsections (4A)-(4C) of section 93 were inserted by paragraph 11(1) and (11) of Schedule 8 to the Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12).

(2)

2023 c. 32.