Serious Organised Crime and Police Act 2005

2005 CHAPTER 15

An Act to provide for the establishment and functions of the Serious Organised Crime Agency; to make provision about investigations, prosecutions, offenders and witnesses in criminal proceedings and the protection of persons involved in investigations or proceedings; to provide for the implementation of certain international obligations relating to criminal matters; to amend the Proceeds of Crime Act 2002; to make further provision for combatting crime and disorder, including new provision about powers of arrest and search warrants and about parental compensation orders; to make further provision about the police and policing and persons supporting the police; to make provision for protecting certain organisations from interference with their activities; to make provision about criminal records; to provide for the Private Security Industry Act 2001 to extend to Scotland; and for connected purposes.

[7th April 2005]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

F1 Part 1 U.K. The Serious Organised Crime Agency

Textual Amendments

F1 Pt. 1 omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 158 (with Sch. 8 para. 9); S.I. 2013/1682, art. 3(v)

F1 Chapter 1 U.K. SOCA: establishment and activities

F1 Establishment of SOCA U.K.

F1 1 Establishment of Serious Organised Crime Agency U.K.

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F1 Functions U.K.

F1 2 Functions of SOCA as to serious organised crime U.K.

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F1 2A Functions of SOCA as to the recovery of assets U.K.

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F1 3 Functions of SOCA as to information relating to crime U.K.

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F1 4 Exercise of functions: general considerations U.K.

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F1 General powers U.K.

F1 5 SOCA's general powers U.K.

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F1 Annual plans and reports U.K.

F1 6 Annual plans U.K.

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F1 7 Annual reports U.K.

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F1 Central supervision and direction U.K.

F1 8 General duty of Secretary of State and Scottish Ministers U.K.

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F1 8A General duty of the Department of Justice in Northern Ireland U.K.

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F1 9 Strategic priorities U.K.

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F1 10 Codes of practice U.K.

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F1 11 Reports to Secretary of State U.K.

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F1 12 Power to direct submission of action plan U.K.

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F1 13 Revision of inadequate action plan U.K.

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F1 14 Procedure for giving directions under section 12 U.K.

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F1 15 Reports relating to directions under section 12 U.K.

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F1 16 Inspections U.K.

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F1 Financial provisions U.K.

F1 17 Grants by Secretary of State U.K.

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F1 18 Determinations relating to grants under section 17 U.K.

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F1 19 Charges by SOCA and other receipts U.K.

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F1 20 Accounts U.K.

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F1 Operational matters U.K.

F1 21 Operational responsibility of Director General U.K.

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F1 22 Activities in Scotland in relation to crime U.K.

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F1 23 Mutual assistance between SOCA and law enforcement agencies: voluntary arrangements U.K.

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F1 24 Mutual assistance between SOCA and law enforcement agencies: directed arrangements U.K.

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F1 25 Directed arrangements: Scotland U.K.

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F1 25A Directed arrangements: Northern Ireland U.K.

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F1 26 Use by SOCA of police premises etc. U.K.

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F1 27 Regulations as to equipment U.K.

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F1 Liability for unlawful conduct U.K.

F1 28 Liability of SOCA for acts of seconded staff etc. U.K.

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F1 29 Payment by SOCA of amounts in connection with unlawful conduct of employees etc. U.K.

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F1 30 Application of sections 28 and 29 to members of joint investigation teams U.K.

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F1 31 Liability of special police forces and law enforcement agencies for unlawful conduct of SOCA staff U.K.

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F1 Use and disclosure of information U.K.

F1 32 Use of information by SOCA U.K.

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F1 33 Disclosure of information by SOCA U.K.

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F1 34 Disclosure of information to SOCA U.K.

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F1 35 Restrictions on further disclosure U.K.

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F1 General duties of police etc. U.K.

F1 36 General duty of police to pass information to SOCA U.K.

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F1 37 General duty of police etc. to assist SOCA U.K.

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F1 Prosecutions U.K.

F1 38 Prosecution of offences investigated by SOCA U.K.

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F1 39 Directions as to reference of cases and proceedings to appropriate prosecutor U.K.

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F1 40 Functions of Director of Revenue and Customs Prosecutions as to persons arrested for designated offence U.K.

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F1 Miscellaneous and supplementary U.K.

F1 41 Directions U.K.

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F1 42 Interpretation of Chapter 1 U.K.

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F1 Chapter 2 U.K. SOCA: special powers of designated staff

F1 Designations U.K.

F1 43 Designation of SOCA staff as persons having powers of constable etc. U.K.

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F1 44 Delegation of power to designate U.K.

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F1 45 Modification or withdrawal of designations U.K.

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F1 Powers exercisable U.K.

F1 46 Person having powers of a constable U.K.

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F1 47 Person having powers of constable: Scotland and Northern Ireland U.K.

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F1 48 Person having customs powers U.K.

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F1 49 Person having powers of an immigration officer U.K.

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F1 Exercise of powers U.K.

F1 50 Designations: supplementary U.K.

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F1 51 Assaults, obstruction or deception in connection with designations U.K.

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F1 Supplementary U.K.

F1 52 Modification of enactments U.K.

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F1 53 Employment provisions U.K.

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F1 54 Interpretation of Chapter 2 U.K.

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F1 Chapter 3 U.K. SOCA: Miscellaneous and supplementary

F1 Complaints and misconduct E+W+N.I.

F1 55 Complaints and misconduct E+W+N.I.

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F1 Application of discrimination legislation E+W

F1 56 Application of discrimination legislation to SOCA seconded staff E+W

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F1 Joint investigation teams U.K.

F1 57 Assaults or obstruction in connection with joint investigation teams U.K.

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F1 Transfers U.K.

F1 58 Transfers to SOCA U.K.

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F1 Amendments E+W

F1 59 Minor and consequential amendments relating to SOCA E+W

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Part 2 U.K. Investigations, prosecutions, proceedings and proceeds of crime

Chapter 1 U.K. Investigatory powers of DPP, etc.

Introductory E+W+S

60 Investigatory powers of DPP etc. E+W+S

(1) This Chapter confers powers on—

(a) the Director of Public Prosecutions,

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the Lord Advocate, [F3 and

(d) the Director of Public Prosecutions for Northern Ireland,]

in relation to the giving of disclosure notices in connection with the investigation of offences to which this Chapter applies [F4 or in connection with a terrorist investigation].

(2) The Director of Public Prosecutions may, to such extent as he may determine, delegate the exercise of his powers under this Chapter to a Crown prosecutor.

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Lord Advocate may, to such extent as he may determine, delegate the exercise of his powers under this Chapter to a procurator fiscal.

[F6 (4A) The Director of Public Prosecutions for Northern Ireland may, to such extent as he may determine, delegate the exercise of his powers under this Chapter to a Public Prosecutor.]

(5) In this Chapter “the Investigating Authority” means—

(a) the Director of Public Prosecutions,

F7 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the Lord Advocate [F8 ,or

(d) the Director of Public Prosecutions for Northern Ireland.]

(6) But, in circumstances where the powers of any of those persons are exercisable by any other person by virtue of subsection (2), F9 ... [F10 (4) or (4A)], references to “the Investigating Authority” accordingly include any such other person.

[F11 (7) In this Chapter “terrorist investigation” means an investigation of—

(a) the commission, preparation or instigation of acts of terrorism,

(b) any act or omission which appears to have been for the purposes of terrorism and which consists in or involves the commission, preparation or instigation of an offence, or

(c) the commission, preparation or instigation of an offence under the Terrorism Act 2000 (c. 11) or under Part 1 of the Terrorism Act 2006 other than an offence under section 1 or 2 of that Act.]

Textual Amendments

F2 S. 60(1)(b) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 41(2)

F3 S. 60(1)(d) and preceding word inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 2(2); S.I. 2006/2966, art. 3

F4 Words in s. 60(1) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 33(1), 39(2); S.I. 2006/1013, art. 2(2)(b)

F5 S. 60(3) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 41(3)

F6 S. 60(4A) inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 2(3); S.I. 2006/2966, art. 3

F7 S. 60(5)(b) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 41(4)

F8 S. 60(5)(d) and preceding word inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 2(4); S.I. 2006/2966, art. 3

F9 Word in s. 60(6) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 41(5)

F10 Words in s. 60(6) substituted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 2(5); S.I. 2006/2966, art. 3

F11 S. 60(7) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 33(2), 39(2); S.I. 2006/1013, art. 2(2)(b)

Modifications etc. (not altering text)

C1 Ss. 60-67 extended (Northern Ireland) (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 26(1), 31(3); S.I. 2006/2966, art. 3

Commencement Information

I1 S. 60 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)

I2 S. 60 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

61 Offences to which this Chapter applies E+W+S

(1) This Chapter applies to the following offences—

(a) any offence listed in Schedule 2 to the Proceeds of Crime Act 2002 (c. 29) (lifestyle offences: England and Wales);

(b) any offence listed in Schedule 4 to that Act (lifestyle offences: Scotland);

[F12 (ba) any offence listed in Schedule 5 to that Act (lifestyle offences: Northern Ireland);]

(c) any offence under sections 15 to 18 of the Terrorism Act 2000 (c. 11) (offences relating to fund-raising, money laundering etc.);

(d) any offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty) or section 72 of the Value Added Tax Act 1994 (c. 23) (offences relating to VAT) which is a qualifying offence;

(e) any offence under section 17 of the Theft Act 1968 (c. 60) [F13 or section 17 of the Theft Act (Northern Ireland) 1969] (false accounting), or any offence at common law of cheating in relation to the public revenue, which is a qualifying offence;

(f) any offence under section 1 of the Criminal Attempts Act 1981 (c. 47) [F14 or Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983], or in Scotland at common law, of attempting to commit any offence in paragraph (c) or any offence in paragraph (d) or (e) which is a qualifying offence;

(g) any offence under section 1 of the Criminal Law Act 1977 (c. 45) [F15 or Article 9 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983], or in Scotland at common law, of conspiracy to commit any offence in paragraph (c) or any offence in paragraph (d) or (e) which is a qualifying offence;

[F16 (h) any offence under the Bribery Act 2010.]

(2) For the purposes of subsection (1) an offence in paragraph (d) or (e) of that subsection is a qualifying offence if the Investigating Authority certifies that in his opinion—

(a) in the case of an offence in paragraph (d) or an offence of cheating the public revenue, the offence involved or would have involved a loss, or potential loss, to the public revenue of an amount not less than £5,000;

(b) in the case of an offence under section 17 of the Theft Act 1968 (c. 60) [F17 or section 17 of the Theft Act (Northern Ireland) 1969], the offence involved or would have involved a loss or gain, or potential loss or gain, of an amount not less than £5,000.

(3) A document purporting to be a certificate under subsection (2) is to be received in evidence and treated as such a certificate unless the contrary is proved.

(4) The Secretary of State may by order—

(a) amend subsection (1), in its application to England and Wales [F18 or Northern Ireland], so as to remove an offence from it or add an offence to it;

(b) amend subsection (2), in its application to England and Wales [F18 or Northern Ireland], so as to—

(i) take account of any amendment made by virtue of paragraph (a) above, or

(ii) vary the sums for the time being specified in subsection (2)(a) and (b).

(5) The Scottish Ministers may by order—

(a) amend subsection (1), in its application to Scotland, so as to remove an offence from it or add an offence to it;

(b) amend subsection (2), in its application to Scotland, so as to—

(i) take account of any amendment made by virtue of paragraph (a) above, or

(ii) vary the sums for the time being specified in subsection (2)(a) and (b).

Textual Amendments

F12 S. 61(1)(ba) inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 3(2); S.I. 2006/2966, art. 3

F13 Words in s. 61(1)(e) inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 3(3); S.I. 2006/2966, art. 3

F14 Words in s. 61(1)(f) inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 3(4); S.I. 2006/2966, art. 3

F15 Words in s. 61(1)(g) inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 3(5); S.I. 2006/2966, art. 3

F16 S. 61(1)(h) substituted (1.7.2011) by Bribery Act 2010 (c. 23), s. 19(1), Sch. 1 para. 8 (with ss. 16, 19(5)); S.I. 2011/1418, art. 2

F17 Words in s. 61(2)(b) inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 3(6); S.I. 2006/2966, art. 3

F18 Words in s. 61(4) inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 3(7); S.I. 2006/2966, art. 3

Modifications etc. (not altering text)

C1 Ss. 60-67 extended (Northern Ireland) (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 26(1), 31(3); S.I. 2006/2966, art. 3

Commencement Information

I3 S. 61 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I4 S. 61 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)

Disclosure notices E+W+S

62 Disclosure notices E+W+S

(1) If it appears to the Investigating Authority—

(a) that there are reasonable grounds for suspecting that an offence to which this Chapter applies has been committed,

(b) that any person has information (whether or not contained in a document) which relates to a matter relevant to the investigation of that offence, and

(c) that there are reasonable grounds for believing that information which may be provided by that person in compliance with a disclosure notice is likely to be of substantial value (whether or not by itself) to that investigation,

he may give, or authorise an appropriate person to give, a disclosure notice to that person.

[F19 (1A) If it appears to the Investigating Authority—

(a) that any person has information (whether or not contained in a document) which relates to a matter relevant to a terrorist investigation, and

(b) that there are reasonable grounds for believing that information which may be provided by that person in compliance with a disclosure notice is likely to be of substantial value (whether or not by itself) to that investigation,

he may give, or authorise an appropriate person to give, a disclosure notice to that person.]

(2) In this Chapter “appropriate person” means—

(a) a constable,

[F20 (b) a National Crime Agency officer who is for the time being designated under section 9 or 10 of the Crime and Courts Act 2013, or]

(c) an officer of Revenue and Customs.

[F21 But in the application of this Chapter to Northern Ireland, this subsection has effect as if paragraph (b) was omitted.]

(3) In this Chapter “disclosure notice” means a notice in writing requiring the person to whom it is given to do all or any of the following things in accordance with the specified requirements, namely—

(a) answer questions with respect to any matter relevant to the investigation;

(b) provide information with respect to any such matter as is specified in the notice;

(c) produce such documents, or documents of such descriptions, relevant to the investigation as are specified in the notice.

(4) In subsection (3) “the specified requirements” means such requirements specified in the disclosure notice as relate to—

(a) the time at or by which,

(b) the place at which, or

(c) the manner in which,

the person to whom the notice is given is to do any of the things mentioned in paragraphs (a) to (c) of that subsection; and those requirements may include a requirement to do any of those things at once.

(5) A disclosure notice must be signed or counter-signed by the Investigating Authority.

(6) This section has effect subject to section 64 (restrictions on requiring information etc.).

Textual Amendments

F19 S. 62(1A) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 33(3), 39(2); S.I. 2006/1013, art. 2(2)(b)

F20 S. 62(2)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 159; S.I. 2013/1682, art. 3(v)

F21 Words in s. 62(2) inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 4; S.I. 2006/2966, art. 3

Modifications etc. (not altering text)

C1 Ss. 60-67 extended (Northern Ireland) (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 26(1), 31(3); S.I. 2006/2966, art. 3

Commencement Information

I5 S. 62 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)

I6 S. 62 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

63 Production of documents E+W+S

(1) This section applies where a disclosure notice has been given under section 62.

(2) An authorised person may—

(a) take copies of or extracts from any documents produced in compliance with the notice, and

(b) require the person producing them to provide an explanation of any of them.

(3) Documents so produced may be retained for so long as the Investigating Authority considers that it is necessary to retain them (rather than copies of them) in connection with the investigation for the purposes of which the disclosure notice was given.

(4) If the Investigating Authority has reasonable grounds for believing—

(a) that any such documents may have to be produced for the purposes of any legal proceedings, and

(b) that they might otherwise be unavailable for those purposes,

they may be retained until the proceedings are concluded.

(5) If a person who is required by a disclosure notice to produce any documents does not produce the documents in compliance with the notice, an authorised person may require that person to state, to the best of his knowledge and belief, where they are.

(6) In this section “authorised person” means any appropriate person who either—

(a) is the person by whom the notice was given, or

(b) is authorised by the Investigating Authority for the purposes of this section.

(7) This section has effect subject to section 64 (restrictions on requiring information etc.).

Modifications etc. (not altering text)

C1 Ss. 60-67 extended (Northern Ireland) (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 26(1), 31(3); S.I. 2006/2966, art. 3

Commencement Information

I7 S. 63 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I8 S. 63 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)

64 Restrictions on requiring information etc. E+W+S

(1) A person may not be required under section 62 or 63—

(a) to answer any privileged question,

(b) to provide any privileged information, or

(c) to produce any privileged document,

except that a lawyer may be required to provide the name and address of a client of his.

(2) A “privileged question” is a question which the person would be entitled to refuse to answer on grounds of legal professional privilege in proceedings in the High Court.

(3) “Privileged information” is information which the person would be entitled to refuse to provide on grounds of legal professional privilege in such proceedings.

(4) A “privileged document” is a document which the person would be entitled to refuse to produce on grounds of legal professional privilege in such proceedings.

(5) A person may not be required under section 62 to produce any excluded material (as defined by section 11 of the Police and Criminal Evidence Act 1984 (c. 60) [F22 or, in relation to Northern Ireland, Article 13 of the Police and Criminal Evidence (Northern Ireland) Order 1989]).

(6) In the application of this section to Scotland—

(a) subsections (1) to (5) do not have effect, but

(b) a person may not be required under section 62 or 63 to answer any question, provide any information or produce any document which he would be entitled, on grounds of legal privilege, to refuse to answer or (as the case may be) provide or produce.

(7) In subsection (6)(b), “legal privilege” has the meaning given by section 412 of the Proceeds of Crime Act 2002 (c. 29).

(8) A person may not be required under section 62 or 63 to disclose any information or produce any document in respect of which he owes an obligation of confidence by virtue of carrying on any banking business, unless—

(a) the person to whom the obligation of confidence is owed consents to the disclosure or production, or

(b) the requirement is made by, or in accordance with a specific authorisation given by, the Investigating Authority.

(9) Subject to the preceding provisions, any requirement under section 62 or 63 has effect despite any restriction on disclosure (however imposed).

Textual Amendments

F22 Words in s. 64(5) inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 5; S.I. 2006/2966, art. 3

Modifications etc. (not altering text)

C1 Ss. 60-67 extended (Northern Ireland) (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 26(1), 31(3); S.I. 2006/2966, art. 3

Commencement Information

I9 S. 64 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I10 S. 64 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)

65 Restrictions on use of statements E+W+S

(1) A statement made by a person in response to a requirement imposed under section 62 or 63 (“the relevant statement”) may not be used in evidence against him in any criminal proceedings unless subsection (2) or (3) applies.

(2) This subsection applies where the person is being prosecuted—

(a) for an offence under section 67 of this Act, or

(b) for an offence under section 5 of the Perjury Act 1911 (c. 6) (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath), or

(c) for an offence under [F23 section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39)] (false statutory declarations and other false statements without oath) or at common law for an offence of attempting to pervert the course, or defeat the ends, of justice[F24 , or

(d) for an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).]

(3) This subsection applies where the person is being prosecuted for some other offence and—

(a) the person, when giving evidence in the proceedings, makes a statement inconsistent with the relevant statement, and

(b) in the proceedings evidence relating to the relevant statement is adduced, or a question about it is asked, by or on behalf of the person.

Textual Amendments

F23 Words in s. 65(2)(c) substituted (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 7 para. 77; S.S.I. 2011/178, art. 2, Sch.

F24 S. 65(2)(d) and preceding word inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 6; S.I. 2006/2966, art. 3

Modifications etc. (not altering text)

C1 Ss. 60-67 extended (Northern Ireland) (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 26(1), 31(3); S.I. 2006/2966, art. 3

Commencement Information

I11 S. 65 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I12 S. 65 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)

Enforcement E+W+S

66 Power to enter and seize documents E+W+S

(1) A justice of the peace may issue a warrant under this section if, on an information on oath laid by the Investigating Authority, he is satisfied—

(a) that any of the conditions mentioned in subsection (2) is met in relation to any documents of a description specified in the information, and

(b) that the documents are on premises so specified.

(2) The conditions are—

(a) that a person has been required by a disclosure notice to produce the documents but has not done so;

(b) that it is not practicable to give a disclosure notice requiring their production;

(c) that giving such a notice might seriously prejudice the investigation of an offence to which this Chapter applies.

(3) A warrant under this section is a warrant authorising an appropriate person named in it—

(a) to enter and search the premises, using such force as is reasonably necessary;

(b) to take possession of any documents appearing to be documents of a description specified in the information, or to take any other steps which appear to be necessary for preserving, or preventing interference with, any such documents;

(c) in the case of any such documents consisting of information recorded otherwise than in legible form, to take possession of any computer disk or other electronic storage device which appears to contain the information in question, or to take any other steps which appear to be necessary for preserving, or preventing interference with, that information;

(d) to take copies of or extracts from any documents or information falling within paragraph (b) or (c);

(e) to require any person on the premises to provide an explanation of any such documents or information or to state where any such documents or information may be found;

(f) to require any such person to give the appropriate person such assistance as he may reasonably require for the taking of copies or extracts as mentioned in paragraph (d).

(4) A person executing a warrant under this section may take other persons with him, if it appears to him to be necessary to do so.

(5) A warrant under this section must, if so required, be produced for inspection by the owner or occupier of the premises or anyone acting on his behalf.

(6) If the premises are unoccupied or the occupier is temporarily absent, a person entering the premises under the authority of a warrant under this section must leave the premises as effectively secured against trespassers as he found them.

(7) Where possession of any document or device is taken under this section—

(a) the document may be retained for so long as the Investigating Authority considers that it is necessary to retain it (rather than a copy of it) in connection with the investigation for the purposes of which the warrant was sought, or

(b) the device may be retained for so long as he considers that it is necessary to retain it in connection with that investigation,

as the case may be.

(8) If the Investigating Authority has reasonable grounds for believing—

(a) that any such document or device may have to be produced for the purposes of any legal proceedings, and

(b) that it might otherwise be unavailable for those purposes,

it may be retained until the proceedings are concluded.

(9) Nothing in this section authorises a person to take possession of, or make copies of or take extracts from, any document or information which, by virtue of section 64, could not be required to be produced or disclosed under section 62 or 63.

(10) In the application of this section to Scotland—

(a) subsection (1) has effect as if, for the words from the beginning to “satisfied—”, there were substituted “ A sheriff may issue a warrant under this section, on the application of a procurator fiscal, if he is satisfied— ”;

(b) subsections (1)(a) and (3)(b) have effect as if, for “in the information”, there were substituted “ in the application ”; and

(c) subsections (4) to (6) do not have effect.

[F25 (11) In the application of this section to Northern Ireland—

(a) subsection (1) has effect as if, for the words from the beginning to “laid”, there were substituted “A lay magistrate may issue a warrant under this section if, on complaint on oath made”; and

(b) subsections (1)(a) and (3)(b) have effect as if, for “in the information”, there were substituted “in the complaint”.]

Textual Amendments

F25 S. 66(11) inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 7; S.I. 2006/2966, art. 3

Modifications etc. (not altering text)

C1 Ss. 60-67 extended (Northern Ireland) (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 26(1), 31(3); S.I. 2006/2966, art. 3

Commencement Information

I13 S. 66 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I14 S. 66 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)

67 Offences in connection with disclosure notices or search warrants E+W+S

(1) A person commits an offence if, without reasonable excuse, he fails to comply with any requirement imposed on him under section 62 or 63.

(2) A person commits an offence if, in purported compliance with any requirement imposed on him under section 62 or 63—

(a) he makes a statement which is false or misleading, and

(b) he either knows that it is false or misleading or is reckless as to whether it is false or misleading.

“False or misleading” means false or misleading in a material particular.

(3) A person commits an offence if he wilfully obstructs any person in the exercise of any rights conferred by a warrant under section 66.

(4) A person guilty of an offence under subsection (1) or (3) is liable on summary conviction—

(a) to imprisonment for a term not exceeding 51 weeks, or

(b) to a fine not exceeding level 5 on the standard scale,

or to both.

(5) A person guilty of an offence under subsection (2) is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;

(b) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both.

(6) In the application of this section to Scotland, the reference to 51 weeks in subsection (4)(a) is to be read as a reference to 12 months.

[F26 (7) In the application of this section to Northern Ireland—

(a) the reference to 51 weeks in subsection (4)(a) is to be read as a reference to 6 months; and

(b) the reference to 12 months in subsection (5)(b) is to be read as a reference to 6 months.]

Textual Amendments

F26 S. 67(7) inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 8; S.I. 2006/2966, art. 3

Modifications etc. (not altering text)

C1 Ss. 60-67 extended (Northern Ireland) (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 26(1), 31(3); S.I. 2006/2966, art. 3

Commencement Information

I15 S. 67 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I16 S. 67 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)

Supplementary U.K.

68 Procedure applicable to search warrants U.K.

In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001 (c. 16) (powers of seizure to which section 50 applies) after paragraph 73E (inserted by the Human Tissue Act 2004 (c. 30)) insert—

“Serious Organised Crime and Police Act 2005

73F The 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).”

Commencement Information

I17 S. 68 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)

I18 S. 68 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

69 Manner in which disclosure notice may be given E+W

(1) This section provides for the manner in which a disclosure notice may be given under section 62.

(2) The notice may be given to a person by—

(a) delivering it to him,

(b) leaving it at his proper address,

(c) sending it by post to him at that address.

(3) The notice may be given—

(a) in the case of a body corporate, to the secretary or clerk of that body;

(b) in the case of a partnership, to a partner or a person having the control or management of the partnership business;

(c) in the case of an unincorporated association (other than a partnership), to an officer of the association.

(4) For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, the proper address of a person is his usual or last-known address (whether residential or otherwise), except that—

(a) in the case of a body corporate or its secretary or clerk, it is the address of the registered office of that body or its principal office in the United Kingdom,

(b) in the case of a partnership, a partner or a person having the control or management of the partnership business, it is that of the principal office of the partnership in the United Kingdom, and

(c) in the case of an unincorporated association (other than a partnership) or an officer of the association, it is that of the principal office of the association in the United Kingdom.

(5) This section does not apply to Scotland.

Modifications etc. (not altering text)

C2 S. 69 extended (Northern Ireland) (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 26(1), 31(3); S.I. 2006/2966, art. 3

Commencement Information

I19 S. 69 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

70 Interpretation of Chapter 1 E+W+S

(1) In this Chapter—

• [F27 “act of terrorism” includes anything constituting an action taken for the purposes of terrorism, within the meaning of the Terrorism Act 2000 (see section 1(5) of that Act);]

• “appropriate person” has the meaning given by section 62(2);

• “the Investigating Authority” is to be construed in accordance with section 60(5) and (6);

• “disclosure notice” has the meaning given by section 62(3);

• “document” includes information recorded otherwise than in legible form.

• [F28 “terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1(1) to (4) of that Act);

• “terrorist investigation” has the meaning given by section 60(7).]

(2) In relation to information recorded otherwise than in legible form, any reference in this Chapter to the production of documents is a reference to the production of a copy of the information in legible form.

Textual Amendments

F27 Words in s. 70(1) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 33(4)(a), 39(2); S.I. 2006/1013, art. 2(2)(b)

F28 Words in s. 70(1) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 33(4)(b), 39(2); S.I. 2006/1013, art. 2(2)(b)

Modifications etc. (not altering text)

C3 S. 70 extended (Northern Ireland) (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 26(1), 31(3); S.I. 2006/2966, art. 3

Commencement Information

I20 S. 70 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)

I21 S. 70 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

Chapter 2 E+W+N.I. Offenders assisting investigations and prosecutions

71 Assistance by offender: immunity from prosecution E+W+N.I.

(1) If a specified prosecutor thinks that for the purposes of the investigation or prosecution of [F29 an indictable offence or an offence triable either way] it is appropriate to offer any person immunity from prosecution [F30 for any offence] he may give the person a written notice under this subsection (an “immunity notice”).

(2) If a person is given an immunity notice, no proceedings for an offence of a description specified in the notice may be brought against that person in England and Wales or Northern Ireland except in circumstances specified in the notice.

(3) An immunity notice ceases to have effect in relation to the person to whom it is given if the person fails to comply with any conditions specified in the notice.

(4) Each of the following is a specified prosecutor—

(a) the Director of Public Prosecutions;

F31 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the Director of the Serious Fraud Office;

(d) the Director of Public Prosecutions for Northern Ireland;

[F32 [F33 (da) the Financial Conduct Authority;

(daa) the Prudential Regulation Authority;

(dab) the Bank of England, where the indictable offence or offence triable either way which is being investigated or prosecuted is an offence under the Financial Services and Markets Act 2000;]

(db) the Secretary of State for Business, Innovation and Skills, acting personally;]

(e) a prosecutor designated for the purposes of this section by a prosecutor mentioned in paragraphs (a) to [F34 (db)].

(5) The Director of Public Prosecutions or a person designated by him under subsection (4)(e) may not give an immunity notice in relation to proceedings in Northern Ireland.

(6) The Director of Public Prosecutions for Northern Ireland or a person designated by him under subsection (4)(e) may not give an immunity notice in relation to proceedings in England and Wales.

[F35 (6A) In exercising the power to designate a prosecutor under subsection (4)(e), the [F36 Financial Conduct Authority, the Prudential Regulation Authority, the Bank of England] and the Secretary of State for Business, Innovation and Skills may each designate only—

(a) one prosecutor (a “chief prosecutor”) to act at any one time, and

(b) an alternative prosecutor (a “deputy prosecutor”) to act as a specified prosecutor—

(i) when the chief prosecutor is unavailable, or

(ii) during any period when no chief prosecutor is designated.

[F37 (6B) Paragraph 8(1) of Schedule 1ZA and paragraph 16(1) of Schedule 1ZB to the Financial Services and Markets Act 2000 (arrangements for discharging functions) do not apply to the exercise of the powers conferred on the Financial Conduct Authority or the Prudential Regulation Authority under this Chapter.

(6BA) Paragraph 11 of Schedule 1 to the Bank of England Act 1998 (power to delegate) does not apply to the exercise of the powers conferred on the Bank of England under this Chapter.]

(6C) An immunity notice may be given by the [F38 Financial Conduct Authority, the Prudential Regulation Authority, the Bank of England], the Secretary of State for Business, Innovation and Skills or a prosecutor designated by [F39 any of them] under subsection (4)(e), only with the consent of the Attorney General.]

(7) An immunity notice must not be given in relation to an offence under section 188 of the Enterprise Act 2002 (c. 40) (cartel offences).

Textual Amendments

F29 Words in s. 71(1) substituted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 113(2)(a), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 6

F30 Words in s. 71(1) inserted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 113(2)(b), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 6

F31 S. 71(4)(b) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 42

F32 S. 71(4)(da)(db) inserted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 113(3)(a), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 6

F33 S. 71(4)(da)-(dab) substituted for s. 71(4)(da) (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 106(2) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F34 Word in s. 71(4)(e) substituted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 113(3)(b), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 6

F35 S. 71(6A)-(6C) inserted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 113(4), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 6

F36 Words in s. 71(6A) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 106(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F37 S. 71(6B)(6BA) substituted for s. 71(6B) (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 106(4) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F38 Words in s. 71(6C) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 106(5)(a) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F39 Words in s. 71(6C) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 106(5)(b) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

Commencement Information

I22 S. 71 in force at 1.4.2006 by S.I. 2006/378, art. 5(1)

72 Assistance by offender: undertakings as to use of evidence E+W+N.I.

(1) If a specified prosecutor thinks that for the purposes of the investigation or prosecution of [F40 an indictable offence or an offence triable either way] it is appropriate to offer any person an undertaking that information of any description will not be used against the person in any proceedings to which this section applies he may give the person a written notice under this subsection (a “restricted use undertaking”).

(2) This section applies to—

(a) [F41 any] criminal proceedings;

(b) proceedings under Part 5 of the Proceeds of Crime Act 2002 (c. 29).

(3) If a person is given a restricted use undertaking the information described in the undertaking must not be used against that person in any proceedings to which this section applies brought in England and Wales or Northern Ireland except in the circumstances specified in the undertaking.

(4) A restricted use undertaking ceases to have effect in relation to the person to whom it is given if the person fails to comply with any conditions specified in the undertaking.

(5) The Director of Public Prosecutions for Northern Ireland or a person designated by him under section 71(4)(e) may not give a restricted use undertaking in relation to proceedings in England and Wales.

(6) The Director of Public Prosecutions or a person designated by him under section 71(4)(e) may not give a restricted use undertaking in relation to proceedings in Northern Ireland.

(7) Specified prosecutor must be construed in accordance with section 71(4).

Textual Amendments

F40 Words in s. 72(1) substituted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 113(5), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 6

F41 Word in s. 72(2)(a) inserted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 113(6), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 6

Commencement Information

I23 S. 72 in force at 1.4.2006 by S.I. 2006/378, art. 5(1)

73 Assistance by defendant: reduction in sentence E+W+N.I.

(1) This section applies if a defendant—

(a) following a plea of guilty is either convicted of an offence in proceedings in the Crown Court or is committed to the Crown Court for sentence, and

(b) has, pursuant to a written agreement made with a specified prosecutor, assisted or offered to assist the investigator or prosecutor in relation to that or any other offence.

(2) In determining what sentence to pass on the defendant the court may take into account the extent and nature of the assistance given or offered.

(3) If the court passes a sentence which is less than it would have passed but for the assistance given or offered, it must state in open court—

(a) that it has passed a lesser sentence than it would otherwise have passed, and

(b) what the greater sentence would have been.

(4) Subsection (3) does not apply if the court thinks that it would not be in the public interest to disclose that the sentence has been discounted; but in such a case the court must give written notice of the matters specified in paragraphs (a) and (b) of subsection (3) to both the prosecutor and the defendant.

(5) Nothing in any enactment which—

(a) requires that a minimum sentence is passed in respect of any offence or an offence of any description or by reference to the circumstances of any offender (whether or not the enactment also permits the court to pass a lesser sentence in particular circumstances), or

(b) in the case of a sentence which is fixed by law, requires the court to take into account certain matters for the purposes of making an order which determines or has the effect of determining the minimum period of imprisonment which the offender must serve (whether or not the enactment also permits the court to fix a lesser period in particular circumstances),

affects the power of a court to act under subsection (2).

(6) If, in determining what sentence to pass on the defendant, the court takes into account the extent and nature of the assistance given or offered as mentioned in subsection (2), that does not prevent the court from also taking account of any other matter which it is entitled by virtue of any other enactment to take account of for the purposes of determining—

(a) the sentence, or

(b) in the case of a sentence which is fixed by law, any minimum period of imprisonment which an offender must serve.

(7) If subsection (3) above does not apply by virtue of subsection (4) above, sections 174(1)(a) and 270 of the Criminal Justice Act 2003 (c. 44) (requirement to explain reasons for sentence or other order) do not apply to the extent that the explanation will disclose that a sentence has been discounted in pursuance of this section.

(8) In this section—

(a) a reference to a sentence includes, in the case of a sentence which is fixed by law, a reference to the minimum period an offender is required to serve, and a reference to a lesser sentence must be construed accordingly;

(b) a reference to imprisonment includes a reference to any other custodial sentence within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) or Article 2 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/ 3160).

(9) An agreement with a specified prosecutor may provide for assistance to be given to that prosecutor or to any other prosecutor.

(10) References to a specified prosecutor must be construed in accordance with section 71.

Commencement Information

I24 S. 73 in force at 1.4.2006 by S.I. 2006/378, art. 5(1)

74 Assistance by defendant: review of sentence E+W+N.I.

(1) This section applies if—

(a) the Crown Court has passed a sentence on a person in respect of an offence, and

(b) the person falls within subsection (2).

(2) A person falls within this subsection if—

(a) he receives a discounted sentence in consequence of his having offered in pursuance of a written agreement to give assistance to the prosecutor or investigator of an offence but he knowingly fails to any extent to give assistance in accordance with the agreement;

(b) he receives a discounted sentence in consequence of his having offered in pursuance of a written agreement to give assistance to the prosecutor or investigator of an offence and, having given the assistance in accordance with the agreement, in pursuance of another written agreement gives or offers to give further assistance;

(c) he receives a sentence which is not discounted but in pursuance of a written agreement he subsequently gives or offers to give assistance to the prosecutor or investigator of an offence.

(3) A specified prosecutor may at any time refer the case back to the court by which the sentence was passed if—

(a) the person is still serving his sentence, and

(b) the specified prosecutor thinks it is in the interests of justice to do so.

(4) A case so referred must, if possible, be heard by the judge who passed the sentence to which the referral relates.

(5) If the court is satisfied that a person who falls within subsection (2)(a) knowingly failed to give the assistance it may substitute for the sentence to which the referral relates such greater sentence (not exceeding that which it would have passed but for the agreement to give assistance) as it thinks appropriate.

(6) In a case of a person who falls within subsection (2)(b) or (c) the court may—

(a) take into account the extent and nature of the assistance given or offered;

(b) substitute for the sentence to which the referral relates such lesser sentence as it thinks appropriate.

(7) Any part of the sentence to which the referral relates which the person has already served must be taken into account in determining when a greater or lesser sentence imposed by subsection (5) or (6) has been served.

(8) A person in respect of whom a reference is made under this section and the specified prosecutor may with the leave of the Court of Appeal appeal to the Court of Appeal against the decision of the Crown Court.

(9) Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limitation on appeal from the criminal division of the Court of Appeal) does not prevent an appeal to the Supreme Court under this section.

(10) A discounted sentence is a sentence passed in pursuance of section 73 or subsection (6) above.

(11) References—

(a) to a written agreement are to an agreement made in writing with a specified prosecutor;

(b) to a specified prosecutor must be construed in accordance with section 71.

(12) In relation to any proceedings under this section,

[F42 (a) the Secretary of State may, in relation to proceedings in England and Wales, make an order containing provision corresponding to any provision in the Criminal Appeal Act 1968 (subject to any specified modifications);

(b) the Department of Justice in Northern Ireland may, in relation to proceedings in Northern Ireland, make an order containing provision corresponding to any provision in the Criminal Appeal (Northern Ireland) Act 1980 (subject to any specified modifications).]

(13) A person does not fall within subsection (2) if—

(a) he was convicted of an offence for which the sentence is fixed by law, and

(b) he did not plead guilty to the offence for which he was sentenced.

(14) Section 174(1)(a) or 270 of the Criminal Justice Act 2003 (c. 44) (as the case may be) applies to a sentence substituted under subsection (5) above unless the court thinks that it is not in the public interest to disclose that the person falls within subsection (2)(a) above.

(15) Subsections (3) to (9) of section 73 apply for the purposes of this section as they apply for the purposes of that section and any reference in those subsections to subsection (2) of that section must be construed as a reference to subsection (6) of this section.

Textual Amendments

F42 Words in s. 74(12) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 19(2) (with arts. 28-31)

Commencement Information

I25 S. 74 in force at 1.4.2006 by S.I. 2006/378, art. 5(1) (with art. 5(2))

75 Proceedings under section 74: exclusion of public E+W+N.I.

(1) This section applies to—

(a) any proceedings relating to a reference made under section 74(3), and

(b) any other proceedings arising in consequence of such proceedings.

(2) The court in which the proceedings will be or are being heard may make such order as it thinks appropriate—

(a) to exclude from the proceedings any person who does not fall within subsection (4);

(b) to give such directions as it thinks appropriate prohibiting the publication of any matter relating to the proceedings (including the fact that the reference has been made).

(3) An order under subsection (2) may be made only to the extent that the court thinks—

(a) that it is necessary to do so to protect the safety of any person, and

(b) that it is in the interests of justice.

(4) The following persons fall within this subsection—

(a) a member or officer of the court;

(b) a party to the proceedings;

(c) counsel or a solicitor for a party to the proceedings;

(d) a person otherwise directly concerned with the proceedings.

(5) This section does not affect any other power which the court has by virtue of any rule of law or other enactment—

(a) to exclude any person from proceedings, or

(b) to restrict the publication of any matter relating to proceedings.

Commencement Information

I26 S. 75 in force at 1.4.2006 by S.I. 2006/378, art. 5(1)

[F43 75A Proceedings under section 74: use of live link E+W+N.I.

Section 57E of the Crime and Disorder Act 1998 (use of live link in sentencing hearings) applies to hearings in proceedings relating to a reference under section 74(3) as it applies to sentencing hearings.]

Textual Amendments

F43 S. 75A inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 14 para. 62; S.I. 2006/3364, art. 2(k)

[F44 75B Guidance about use of powers under sections 71 to 74 E+W+N.I.

(1) The Attorney General may issue guidance to specified prosecutors about the exercise by them of any of their powers under sections 71 to 74.

(2) The Attorney General may from time to time revise any guidance issued under this section.

(3) In this section “specified prosecutor” is to be construed in accordance with section 71.]

Textual Amendments

F44 S. 75B inserted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 113(7), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 6

Chapter 3 U.K. Financial reporting orders

76 Financial reporting orders: making E+W

(1) A court sentencing or otherwise dealing with a person convicted of an offence mentioned in subsection (3) may also make a financial reporting order in respect of him.

(2) But it may do so only if it is satisfied that the risk of the person's committing another offence mentioned in subsection (3) is sufficiently high to justify the making of a financial reporting order.

(3) The offences are—

[F45 (aa) an offence under either of the following provisions of the Fraud Act 2006—

(i) section 1 (fraud),

(ii) section 11 (obtaining services dishonestly),]

[F46 (ab) a common law offence of conspiracy to defraud,

(ac) an offence under section 17 of the Theft Act 1968 (c. 60) (false accounting), ]

(c) any offence specified in Schedule 2 to the Proceeds of Crime Act 2002 (c. 29) (“lifestyle offences”).

[F47 [F48 (da) an offence under any of the following provisions of the Bribery Act 2010—

• section 1 (offences of bribing another person),

• section 2 (offences relating to being bribed),

• section 6 (bribery of foreign public officials),]

(g) an offence under any of the following provisions of the Criminal Justice Act 1988 (c. 33) –

• section 93A (assisting another to retain the benefit of criminal conduct),

• section 93B (acquisition, possession or use of proceeds of criminal conduct),

• section 93C (concealing or transferring proceeds of criminal conduct),

(h) an offence under any of the following provisions of the Drug Trafficking Act 1994 (c. 37) –

• section 49 (concealing or transferring proceeds of drug trafficking),

• section 50 (assisting another person to retain the benefit of drug trafficking),

• section 51 (acquisition, possession or use of proceeds of drug trafficking),

(i) an offence under any of the following provisions of the Terrorism Act 2000 (c. 11) –

• section 15 (fund-raising for purposes of terrorism),

• section 16 (use and possession of money etc. for purposes of terrorism),

• section 17 (funding arrangements for purposes of terrorism),

• section 18 (money laundering in connection with terrorism),

(j) an offence under section 329 of the Proceeds of Crime Act 2002 (c. 29) (acquisition, use and possession of criminal property),

(k) a common law offence of cheating in relation to the public revenue,

(l) an offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty),

(m) an offence under section 72 of the Value Added Tax Act 1994 (c. 23) (offences relating to VAT ),

(n) an offence under [F49 section 106A of the Taxes Management Act 1970] (fraudulent evasion of income tax),

(o) an offence under section 35 of the Tax Credits Act 2002 (c. 21) (tax credit fraud),

( p ) an offence of attempting, conspiring in or inciting the commission of an offence mentioned in paragraphs (aa), (ac) or (d) to (o),

(q) an offence of aiding, abetting, counselling or procuring the commission of an offence mentioned in paragraphs (aa), (ac) or (d) to (o).]

(4) The Secretary of State may by order amend subsection (3) so as to remove an offence from it or add an offence to it.

(5) A financial reporting order—

(a) comes into force when it is made, and

(b) has effect for the period specified in the order, beginning with the date on which it is made.

(6) If the order is made by a magistrates' court, the period referred to in subsection (5)(b) must not exceed 5 years.

(7) Otherwise, that period must not exceed—

(a) if the person is sentenced to imprisonment for life, 20 years,

(b) otherwise, 15 years.

Textual Amendments

F45 S. 76(3)(aa) substituted for s. 76(a)(b) (15.1.2007) by Fraud Act 2006 (c. 35), s. 15(1), Sch. 1 para. 36; S.I. 2006/3200, art. 2

F46 S. 76(3)(ab)(ac) added (4.5.2007) by Serious Organised Crime and Police Act 2005 (Amendment of Section 76(3)) Order 2007 (S.I. 2007/1392), arts. 1, 2(1)

F47 S. 76(3)(d)-(q) added (4.5.2007) by Serious Organised Crime and Police Act 2005 (Amendment of Section 76(3)) Order 2007 (S.I. 2007/1392), arts. 1, 2(2)

F48 S. 76(3)(da) substituted for s. 76(3)(d)-(f) (1.7.2011) by Bribery Act 2010 (c. 23), s. 19(1), Sch. 1 para. 9 (with ss. 16, 19(5)); S.I. 2011/1418, art. 2

F49 Words in s. 76(3)(n) substituted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 7 para. 99 (with Sch. 9 paras. 1-9, 22)

Modifications etc. (not altering text)

C4 S. 76(3)(p) modified (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 51 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

Commencement Information

I27 S. 76 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 11 (with art. 4(2)-(7))

77 Financial reporting orders: making in Scotland S

(1) A court sentencing or otherwise dealing with a person convicted of an offence mentioned in subsection (3) may also make a financial reporting order in respect of him.

(2) But he or it may do so only if satisfied that the risk of the person's committing another offence mentioned in subsection (3) is sufficiently high to justify the making of a financial reporting order.

(3) The offences are—

(a) at common law, the offence of fraud,

(b) any offence specified in Schedule 4 to the Proceeds of Crime Act 2002 (c. 29) (“lifestyle offences”: Scotland).

[F50 (c) an offence under section 1, 2 or 6 of the Bribery Act 2010.]

(4) The Scottish Ministers may by order amend subsection (3) so as to remove an offence from it or add an offence to it.

[F51 (4A) A financial reporting order may be made—

(a) on the prosecutor's motion, or

(b) at the court's own instance.]

(5) A financial reporting order—

(a) comes into force when it is made, and

(b) has effect for the period specified in the order, beginning with the date on which it is made.

(6) If the order is made by the sheriff, the period referred to in subsection (5)(b) must not exceed 5 years.

(7) If the order is made by the High Court of Justiciary, that period must not exceed—

(a) if the person is sentenced to imprisonment for life, 20 years,

(b) otherwise, 15 years.

Textual Amendments

F50 S. 77(3)(c) inserted (1.7.2011) by Bribery Act 2010 (c. 23), s. 19(1), Sch. 1 para. 10 (with ss. 16, 19(5)); S.I. 2011/1418, art. 2

F51 S. 77(4A) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 114, 206(1); S.S.I. 2010/413, art. 2, sch.

Commencement Information

I28 S. 77 in force at 1.5.2006 by S.S.I. 2006/166, art. 2(2)(a)

78 Financial reporting orders: making in Northern Ireland N.I.

(1) A court sentencing or otherwise dealing with a person convicted of an offence mentioned in subsection (3) may also make a financial reporting order in respect of him.

(2) But the court may do so only if it is satisfied that the risk of the person's committing another offence mentioned in subsection (3) is sufficiently high to justify the making of a financial reporting order.

(3) The offences are—

[F52 (aa) an offence under either of the following provisions of the Fraud Act 2006—

(i) section 1 (fraud),

(ii) section 11 (obtaining services dishonestly),]

[F53 (ab) a common law offence of conspiracy to defraud,

(ac) an offence under section 17 of the Theft Act (Northern Ireland) 1969 (false accounting),]

(c) any offence specified in Schedule 5 to the Proceeds of Crime Act 2002 (“lifestyle offences”: Northern Ireland).

[F54 (d) an offence under any of the following provisions of the Bribery Act 2010—

• section 1 (offences of bribing another person),

• section 2 (offences relating to being bribed),

• section 6 (bribery of foreign public officials),

(e) a common law offence of bribery,

(f) an offence under section 1 of the Public Bodies Corrupt Practices Act 1889 (corruption in office),

(g) the first two offences under section 1 of the Prevention of Corruption Act 1906 (bribes obtained by or given to agents),

(h) an offence under any of the following provisions of the Proceeds of Crime (Northern Ireland) Order 1996—

• Article 45 (acquisition, possession or use of proceeds of criminal conduct),

• Article 46 (assisting another to retain the benefit of criminal conduct),

• Article 47 (concealing or transferring proceeds of criminal conduct),

(i) an offence under section 329 of the Proceeds of Crime Act 2002 (acquisition, use and possession of criminal property),

(j) an offence of attempting, conspiring in or inciting the commission of an offence mentioned in paragraphs (aa), (ac) or (d) to (i), or an offence under Part 2 of the Serious Crime Act 2007 in relation to such an offence,

(k) an offence of aiding, abetting, counselling or procuring the commission of an offence mentioned in paragraphs (aa), (ac) or (d) to (i).]

(4) A financial reporting order—

(a) comes into force when it is made, and

(b) has effect for the period specified in the order, beginning with the date on which it is made.

(5) If the order is made by a magistrates' court, or by the county court on appeal, the period referred to in subsection (4)(b) must not exceed 5 years.

(6) Otherwise, that period must not exceed—

(a) if the person is sentenced to imprisonment for life, 20 years,

(b) otherwise, 15 years.

Textual Amendments

F52 S. 78(3)(aa) substituted for s. 78(3)(a)(b) (15.1.2007) by Fraud Act 2006 (c. 35), s. 15(1), Sch. 1 para. 37; S.I. 2006/3200, art. 2

F53 S. 78(3)(ab)(ac) added (5.7.2011) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 56(1), 111(3); S.R. 2011/224, art. 2

F54 S. 78(3)(d)-(k) added (5.7.2011) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 56(2), 111(3); S.R. 2011/224, art. 2

Commencement Information

I29 S. 78 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 11 (with art. 4(2)-(7))

79 Financial reporting orders: effect U.K.

(1) A person in relation to whom a financial reporting order has effect must do the following.

(2) He must make a report, in respect of—

(a) the period of a specified length beginning with the date on which the order comes into force, and

(b) subsequent periods of specified lengths, each period beginning immediately after the end of the previous one.

(3) He must set out in each report, in the specified manner, such particulars of his financial affairs relating to the period in question as may be specified.

(4) He must include any specified documents with each report.

(5) He must make each report within the specified number of days after the end of the period in question.

(6) He must make each report to the specified person.

(7) Rules of court may provide for the maximum length of the periods which may be specified under subsection (2).

(8) In this section, “specified” means specified by the court in the order.

(9) In Scotland the specified person must be selected by the court from a list set out in an order made for the purposes of this section by the Scottish Ministers.

(10) A person who without reasonable excuse includes false or misleading information in a report, or otherwise fails to comply with any requirement of this section, is guilty of an offence and is liable on summary conviction to—

(a) imprisonment for a term not exceeding—

(i) in England and Wales, 51 weeks,

(ii) in Scotland, 12 months,

(iii) in Northern Ireland, 6 months, or

(b) a fine not exceeding level 5 on the standard scale,

or to both.

Modifications etc. (not altering text)

C5 S. 79 applied (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 168(5), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 11

Commencement Information

I30 S. 79 in force at 1.4.2006 for E.W.N.I. by S.I. 2006/378, art. 6

I31 S. 79 in force at 1.5.2006 for S. by S.S.I. 2006/166, art. 2(2)(b)

80 Financial reporting orders: variation and revocation U.K.

(1) An application for variation or revocation of a financial reporting order may be made by—

(a) the person in respect of whom it has been made,

(b) the person to whom reports are to be made under it (see section 79(6)).

(2) The application must be made to the court which made the order.

(3) But if the order was made on appeal, the application must be made to the court which originally sentenced the person in respect of whom the order was made.

(4) If (in either case) that court was a magistrates' court, the application may be made to any magistrates' court acting in the same local justice area (or in Northern Ireland for the same county court division) as that court.

(5) Subsections (3) and (4) do not apply to Scotland.

Modifications etc. (not altering text)

C6 S. 80(1)(2) applied (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 168(5), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 11

Commencement Information

I32 S. 80 in force at 1.4.2006 for E.W.N.I. by S.I. 2006/378, art. 6

I33 S. 80(1)(2) in force at 1.5.2006 for S. by S.S.I. 2006/166, art. 2(2)(b)

81 Financial reporting orders: verification and disclosure U.K.

(1) In this section, “the specified person” means the person to whom reports under a financial reporting order are to be made.

(2) The specified person may, for the purpose of doing either of the things mentioned in subsection (4), disclose a report to any person who he reasonably believes may be able to contribute to doing either of those things.

(3) Any other person may disclose information to—

(a) the specified person, or

(b) a person to whom the specified person has disclosed a report,

for the purpose of contributing to doing either of the things mentioned in subsection (4).

(4) The things mentioned in subsections (2) and (3) are—

(a) checking the accuracy of the report or of any other report made pursuant to the same order,

(b) discovering the true position.

(5) The specified person may also disclose a report for the purposes of—

(a) the prevention, detection, investigation or prosecution of criminal offences, whether in the United Kingdom or elsewhere,

(b) the prevention, detection or investigation of conduct for which penalties other than criminal penalties are provided under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom.

(6) A disclosure under this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(7) But nothing in this section authorises a disclosure, in contravention of any provisions of the Data Protection Act 1998 (c. 29), of personal data which are not exempt from those provisions.

(8) In this section, references to a report include any of its contents, any document included with the report, or any of the contents of such a document.

Modifications etc. (not altering text)

C7 S. 81 applied (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 168(5), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 11

Commencement Information

I34 S. 81 in force at 1.4.2006 for E.W.N.I. by S.I. 2006/378, art. 6

I35 S. 81 in force at 1.5.2006 for S. by S.S.I. 2006/166, art. 2(2)(b)

Chapter 4 U.K. Protection of witnesses and other persons

82 Protection [F55 of persons involved in investigations or proceedings] [F55 arrangements for persons at risk] E+W+S

(1) A protection provider may make such arrangements as he considers appropriate for the purpose of protecting [F56 a person of a description specified in Schedule 5 if—

(a) the protection provider considers that the person's safety is at risk by virtue of his being a person of a description so specified, and

(b) the person is ordinarily resident in the United Kingdom.]

[F56 any person if he reasonably believes that the person's safety is at risk in view of the criminal conduct or possible criminal conduct of another person.]

(2) A protection provider may vary or cancel any arrangements made by him under subsection (1) if he considers it appropriate to do so.

(3) If a protection provider makes arrangements under subsection (1) or cancels arrangements made under that subsection, he must record that he has done so.

(4) In determining whether to make arrangements under subsection (1), or to vary or cancel arrangements made under that subsection, a protection provider must, in particular, have regard to—

(a) the nature and extent of the risk to the person's safety,

(b) the cost of the arrangements,

(c) the likelihood that the person, and any person associated with him, will be able to adjust to any change in their circumstances which may arise from the making of the arrangements or from their variation or cancellation (as the case may be), and

(d) if the person is or might be a witness in legal proceedings (whether or not in the United Kingdom), the nature of the proceedings and the importance of his being a witness in those proceedings.

(5) A protection provider is—

(a) a chief officer of a police force in England and Wales;

[F57 (b) the chief constable of the Police Service of Scotland;]

(c) the Chief Constable of the Police Service of Northern Ireland;

[F58 (d) the Director General of the National Crime Agency;]

(e) any of the Commissioners for Her Majesty's Revenue and Customs;

F59 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) a person designated by a person mentioned in any of the preceding paragraphs to exercise his functions under this section.

[F60 (5A) In subsection (1), “criminal conduct” means conduct which constitutes an offence in England and Wales or Scotland, or would do if it occurred there.

(5B) Nothing in this section prevents a protection provider from making arrangements under this section for the protection of a person where non-statutory arrangements have already been made in respect of that person.]

[F61 (6) The Secretary of State may, after consulting the Scottish Ministers [F62 and the Department of Justice in Northern Ireland], by order amend Schedule 5 so as to add, modify or omit any entry.]

(7) Nothing in this section affects any power which a person has (otherwise than by virtue of this section) to make arrangements for the protection of another person.

Textual Amendments

F55 Words in s. 82 heading substituted (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(2)(a), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

F56 Words in s. 82(1) substituted (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(2)(b), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

F57 S. 82(5)(b) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 48(13)(a)

F58 S. 82(5)(d) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 160; S.I. 2013/1682, art. 3(v)

F59 S. 82(5)(f) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 48(13)(b)

F60 S. 82(5A)(5B) inserted (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(2)(c), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

F61 S. 82(6) repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(2)(d), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

F62 Words in s. 82(6) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 20 (with arts. 28-31)

Commencement Information

I36 S. 82 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I37 S. 82 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

83 Joint arrangements U.K.

(1) Arrangements may be made under section 82(1) by two or more protection providers acting jointly.

(2) If arrangements are made jointly by virtue of subsection (1), any powers conferred on a protection provider by this Chapter are exercisable in relation to the arrangements by—

(a) all of the protection providers acting together, or

(b) one of the protection providers, or some of the protection providers acting together, with the agreement of the others.

(3) Nothing in this section or in section 84 affects any power which a protection provider has to request or obtain assistance from another protection provider.

Commencement Information

I38 S. 83 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I39 S. 83 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

84 Transfer of responsibility to other protection provider U.K.

(1) A protection provider who makes arrangements under section 82(1) may agree with another protection provider that, as from a date specified in the agreement—

(a) the protection provider will cease to discharge any responsibilities which he has in relation to the arrangements, and

(b) the other protection provider will discharge those responsibilities instead.

(2) Any such agreement may include provision for the making of payments in respect of any costs incurred or likely to be incurred in consequence of the agreement.

(3) If an agreement is made under subsection (1), any powers conferred on a protection provider by this Chapter (including the power conferred by subsection (1)) are, as from the date specified in the agreement, exercisable by the other protection provider as if he had made the arrangements under section 82(1).

(4) Each protection provider who makes an agreement under subsection (1) must record that he has done so.

Commencement Information

I40 S. 84 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I41 S. 84 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

85 Duty to assist protection providers U.K.

(1) This section applies if a protection provider requests assistance from a public authority in connection with the making of arrangements under section 82(1) or the implementation, variation or cancellation of such arrangements.

(2) The public authority must take reasonable steps to provide the assistance requested.

(3) “Public authority” includes any person certain of whose functions are of a public nature but does not include—

(a) a court or tribunal,

(b) either House of Parliament or a person exercising functions in connection with proceedings in Parliament, or

(c) the Scottish Parliament or a person exercising functions in connection with proceedings in the Scottish Parliament.

Commencement Information

I42 S. 85 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I43 S. 85 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

86 Offence of disclosing information about protection arrangements U.K.

(1) A person commits an offence if—

(a) he discloses information which relates to the making of arrangements under section 82(1) or to the implementation, variation or cancellation of such arrangements, and

(b) he knows or suspects that the information relates to the making of such arrangements or to their implementation, variation or cancellation.

(2) A person who commits an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both;

(b) on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both.

(3) In the application of this section to Scotland or Northern Ireland, the reference in subsection (2)(b) to 12 months is to be read as a reference to 6 months.

Commencement Information

I44 S. 86 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I45 S. 86 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

87 Defences to liability under section 86 U.K.

(1) A person (P) is not guilty of an offence under section 86 if—

(a) at the time when P disclosed the information, he was or had been a protected person,

(b) the information related only to arrangements made for the protection of P or for the protection of P and a person associated with him, and

(c) at the time when P disclosed the information, it was not likely that its disclosure would endanger the safety of any person.

(2) A person (D) is not guilty of an offence under section 86 if—

(a) D disclosed the information with the agreement of a person (P) who, at the time the information was disclosed, was or had been a protected person,

(b) the information related only to arrangements made for the protection of P or for the protection of P and a person associated with him, and

(c) at the time when D disclosed the information, it was not likely that its disclosure would endanger the safety of any person.

(3) A person is not guilty of an offence under section 86 if he disclosed the information for the purposes of safeguarding national security or for the purposes of the prevention, detection or investigation of crime.

(4) A person is not guilty of an offence under section 86 if—

(a) at the time when he disclosed the information, he was a protection provider or involved in the making of arrangements under section 82(1) or in the implementation, variation or cancellation of such arrangements, and

(b) he disclosed the information for the purposes of the making, implementation, variation or cancellation of such arrangements.

(5) The Secretary of State may by order make provision prescribing circumstances in which a person who discloses information as mentioned in section 86(1) is not guilty in England and Wales F63 ... of an offence under that section.

(6) The Scottish Ministers may by order make provision prescribing circumstances in which a person who discloses information as mentioned in section 86(1) is not guilty in Scotland of an offence under that section.

[F64 (6A) The Department of Justice in Northern Ireland may by order make provision prescribing circumstances in which a person who discloses information as mentioned in section 86(1) is not guilty in Northern Ireland of an offence under that section.]

(7) If sufficient evidence is adduced to raise an issue with respect to a defence under or by virtue of this section, the court or jury must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

Textual Amendments

F63 Words in s. 87(5) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 21(a) (with arts. 28-31)

F64 S. 87(6A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 21(b) (with arts. 28-31)

Commencement Information

I46 S. 87 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I47 S. 87 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

88 Offences of disclosing information relating to persons assuming new identity U.K.

(1) A person (P) commits an offence if—

(a) P is or has been a protected person,

(b) P assumed a new identity in pursuance of arrangements made under section 82(1),

(c) P discloses information which indicates that he assumed, or might have assumed, a new identity, and

(d) P knows or suspects that the information disclosed by him indicates that he assumed, or might have assumed, a new identity.

(2) A person (D) commits an offence if—

(a) D discloses information which relates to a person (P) who is or has been a protected person,

(b) P assumed a new identity in pursuance of arrangements made under section 82(1),

(c) the information disclosed by D indicates that P assumed, or might have assumed, a new identity, and

(d) D knows or suspects—

(i) that P is or has been a protected person, and

(ii) that the information disclosed by D indicates that P assumed, or might have assumed, a new identity.

(3) A person who commits an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both;

(b) on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both.

(4) In the application of this section to Scotland or Northern Ireland, the reference in subsection (3)(b) to 12 months is to be read as a reference to 6 months.

Commencement Information

I48 S. 88 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I49 S. 88 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

89 Defences to liability under section 88 U.K.

(1) P is not guilty of an offence under section 88(1) if, at the time when he disclosed the information, it was not likely that its disclosure would endanger the safety of any person.

(2) D is not guilty of an offence under section 88(2) if—

(a) D disclosed the information with the agreement of P, and

(b) at the time when D disclosed the information, it was not likely that its disclosure would endanger the safety of any person.

(3) D is not guilty of an offence under section 88(2) if he disclosed the information for the purposes of safeguarding national security or for the purposes of the prevention, detection or investigation of crime.

(4) D is not guilty of an offence under section 88(2) if—

(a) at the time when he disclosed the information, he was a protection provider or involved in the making of arrangements under section 82(1) or in the implementation, variation or cancellation of such arrangements, and

(b) he disclosed the information for the purposes of the making, implementation, variation or cancellation of such arrangements.

(5) The Secretary of State may by order make provision prescribing circumstances in which a person who discloses information as mentioned in subsection (1) or (2) of section 88 is not guilty in England and Wales F65 ... of an offence under that subsection.

(6) The Scottish Ministers may by order make provision prescribing circumstances in which a person who discloses information as mentioned in subsection (1) or (2) of section 88 is not guilty in Scotland of an offence under that subsection.

[F66 (6A) The Department of Justice in Northern Ireland may by order make provision prescribing circumstances in which a person who discloses information as mentioned in subsection (1) or (2) of section 88 is not guilty in Northern Ireland of an offence under that subsection.]

(7) If sufficient evidence is adduced to raise an issue with respect to a defence under or by virtue of this section, the court or jury must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

Textual Amendments

F65 Words in s. 89(5) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 22(a) (with arts. 28-31)

F66 S. 89(6A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 22(b) (with arts. 28-31)

Commencement Information

I50 S. 89 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I51 S. 89 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

90 Protection from liability U.K.

(1) This section applies if—

(a) arrangements are made for the protection of a person under section 82(1), and

(b) the protected person assumes a new identity in pursuance of the arrangements.

(2) No proceedings (whether civil or criminal) may be brought against a person to whom this section applies in respect of the making by him of a false or misleading representation if the representation—

(a) relates to the protected person, and

(b) is made solely for the purpose of ensuring that the arrangements made for him to assume a new identity are, or continue to be, effective.

(3) The persons to whom this section applies are—

(a) the protected person;

(b) a person who is associated with the protected person;

(c) a protection provider;

(d) a person involved in the making of arrangements under section 82(1) or in the implementation, variation or cancellation of such arrangements.

Commencement Information

I52 S. 90 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I53 S. 90 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

91 Transitional provision U.K.

[F67 (1) This section applies to arrangements which were, at any time before the commencement of section 82, made by a protection provider, or any person acting with his authority, for the purpose of protecting a person of a description specified in Schedule 5.

(2) If the following three conditions are satisfied, the arrangements are to be treated as having been made by the protection provider under section 82(1).

(3) The first condition is that the protection provider could have made the arrangements under section 82(1) had it been in force at the time when the arrangements were made.

(4) The second condition is that the arrangements were in operation immediately before the commencement of section 82.

(5) The third condition is that the protection provider determines that it is appropriate to treat the arrangements as having been made under section 82(1).

(6) A determination under subsection (5) may be made at any time before the end of the period of six months beginning with the day on which section 82 comes into force.

(7) A protection provider must make a record of a determination under subsection (5).

(8) Subsection (9) applies if—

(a) at any time before the commencement of section 82, arrangements were made by a person specified in subsection (11), or any person acting with the authority of such a person, for the purpose of protecting a person of a description specified in Schedule 5, and

(b) functions in relation to the arrangements are, at any time before the end of the period of six months mentioned in subsection (6), exercisable by a protection provider.

(9) The provision made by subsections (1) to (7) applies in relation to the arrangements as if they had been made by the protection provider.

(10) Accordingly, if the three conditions mentioned in subsections (3) to (5) are satisfied in relation to the arrangements, they are to be treated, by virtue of subsection (2), as having been made by the protection provider under section 82(1).

(11) The persons specified in this subsection are—

(a) the Director General of the National Criminal Intelligence Service;

(b) the Director General of the National Crime Squad;

(c) any of the Commissioners of Her Majesty's Customs and Excise.]

Textual Amendments

F67 Ss. 91, 92 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(3), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I54 S. 91 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I55 S. 91 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

92 Transitional provision: supplemental U.K.

[F67 (1) In this section—

(a) “the arrangements” are arrangements which are treated as having been made by a protection provider by virtue of section 91(2), and

(b) “the relevant date” is the date of the record made by the protection provider, in relation to the arrangements, in pursuance of section 91(7).

(2) A person does not commit an offence under section 86(1) by disclosing information relating to the arrangements unless the information is disclosed on or after the relevant date.

(3) But it is immaterial whether the information relates to something done in connection with the arrangements before or on or after the relevant date.

(4) A person does not commit an offence under section 88(1) or (2) by disclosing information relating to a person who assumed a new identity in pursuance of the arrangements unless the information is disclosed on or after the relevant date.

(5) But it is immaterial whether the person assumed a new identity before or on or after the relevant date.

(6) Section 90 applies in relation to a false or misleading representation relating to a person who assumed a new identity in pursuance of the arrangements only if the false or misleading representation is made on or after the relevant date.

(7) But it is immaterial whether the person assumed a new identity before or on or after the relevant date.]

Textual Amendments

F67 Ss. 91, 92 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(3), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I56 S. 92 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I57 S. 92 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

93 Provision of information U.K.

(1) This section applies if—

(a) a protection provider makes arrangements under section 82(1), [F68 or]

(b) [F68 a protection provider determines under section 91(5) that it is appropriate to treat arrangements to which that section applies as having been made under section 82(1).]

(2) The protection provider must inform the person to whom the arrangements relate of the provisions of this Chapter as they apply in relation to the arrangements.

(3) If the protection provider considers that the person would be unable to understand the information, by reason of his age or of any incapacity, the information must instead be given to a person who appears to the protection provider—

(a) to be interested in the welfare of the person to whom the arrangements relate, and

(b) to be the appropriate person to whom to give the information.

(4) If arrangements are made jointly under section 82(1) (by virtue of section 83), the protection providers involved in the arrangements must nominate one of those protection providers to perform the duties imposed by this section.

Textual Amendments

F68 S. 93(1)(b) and preceding word repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(4), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I58 S. 93 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I59 S. 93 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

94 Interpretation of Chapter 4 U.K.

(1) This section applies for the purposes of this Chapter.

(2) “Protection provider” is to be construed in accordance with section 82.

(3) A person is a protected person if—

(a) arrangements have been made for his protection under subsection (1) of section 82, and

(b) the arrangements have not been cancelled under subsection (2) of that section.

(4) A person is associated with another person if any of the following apply—

(a) they are members of the same family;

(b) they live in the same household;

(c) they have lived in the same household.

(5) A person assumes a new identity if either or both of the following apply—

(a) he becomes known by a different name;

(b) he makes representations about his personal history or circumstances which are false or misleading.

(6) A reference to a person who is a witness in legal proceedings includes a reference to a person who provides any information or any document or other thing which might be used in evidence in those proceedings or which (whether or not admissible as evidence in those proceedings)—

(a) might tend to confirm evidence which will or might be admitted in those proceedings,

(b) might be referred to in evidence given in those proceedings by another witness, or

(c) might be used as the basis for any cross examination in the course of those proceedings,

and a reference to a person who might be, or to a person who has been, a witness in legal proceedings is to be construed accordingly.

(7) A reference to a person who is a witness in legal proceedings does not include a reference to a person who is an accused person in criminal proceedings unless he is a witness for the prosecution and a reference to a person who might be, or to a person who has been, a witness in legal proceedings is to be construed accordingly.

(8) A reference to a person who is or has been a member of staff of an organisation includes a reference to a person who is or has been seconded to the organisation to serve as a member of its staff.

F69 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F69 S. 94(9) repealed (S.) (1.4.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), s. 104(1), Sch. 6 para. 13(10); S.S.I. 2007/84, art. 3(3) and repealed (E.W.N.I.) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), art. 1(3), Sch. para. 6(10)

Commencement Information

I60 S. 94 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I61 S. 94 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

Chapter 5 U.K. International obligations

95 Enforcement of overseas forfeiture orders U.K.

In section 9 of the Criminal Justice (International Co-operation) Act 1990 (c. 5) (enforcement of overseas forfeiture orders), for subsection (6) (offences to which section applies) substitute—

“(6) This section applies to any offence that corresponds to or is similar to—

(a) an offence under the law of England and Wales;

(b) an offence under the law of Scotland; or

(c) an offence under the law of Northern Ireland.”

Commencement Information

I62 S. 95 in force at 1.7.2005 by S.I. 2005/1521, art. 2(1)(a)

96 Mutual assistance in freezing property or evidence U.K.

(1) The Secretary of State or the Scottish Ministers may by order make provision—

(a) for the purpose of implementing any obligation of the United Kingdom created or arising by or under the Decision or enabling any such obligation to be implemented,

(b) for the purpose of enabling any rights enjoyed or to be enjoyed by the United Kingdom under or by virtue of the Decision to be exercised, or

(c) for the purpose of dealing with matters arising out of or related to any such obligation or rights.

(2) In subsection (1) “the Decision” means Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence.

(3) The provision that may be made under subsection (1) by the Secretary of State includes, subject to subsections (5) and (7), any provision (of any extent) that might be made by Act of Parliament.

(4) The provision that may be made under subsection (1) by the Scottish Ministers includes, subject to subsections (6) and (7), any provision that might be made by Act of the Scottish Parliament.

(5) The power conferred by subsection (1) on the Secretary of State does not include power to make provision that would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.

(6) The power conferred by subsection (1) on the Scottish Ministers is limited to the making of provision that would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.

(7) The powers conferred by subsection (1) do not include power—

(a) to make any provision imposing or increasing taxation,

(b) to make any provision taking effect from a date earlier than that of the making of the instrument containing the provision,

(c) to confer any power to legislate by means of orders, rules, regulations or other subordinate instrument, other than rules of procedure for a court or tribunal, or

(d) to create criminal offences.

(8) Subsection (7)(c) does not preclude—

(a) the modification of a power to legislate conferred otherwise than under subsection (1), or

(b) the extension of any such power to purposes of the like nature as those for which it was conferred,

and a power to give directions as to matters of administration is not to be regarded as a power to legislate within the meaning of subsection (7)(c).

Commencement Information

I63 S. 96 in force at 1.7.2005 for specified purposes by S.I. 2005/1521, art. 3(2)

I64 S. 96 in force at 1.7.2005 in so far as not already in force by S.S.I. 2005/358, art. 2(a)

Chapter 6 U.K. Proceeds of crime

97 Confiscation orders by magistrates' courts E+W+N.I.

(1) The Secretary of State may by order make such provision as he considers appropriate for or in connection with enabling confiscation orders under—

(a) Part 2 of the Proceeds of Crime Act 2002 (c. 29) (confiscation: England and Wales), F70 ...

F71 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

to be made by magistrates' courts in England and Wales F72 ....

[F73 (1A) The Department of Justice in Northern Ireland may by order make such provision as the Department considers appropriate for or in connection with enabling confiscation orders under Part 4 of the 2002 Act (confiscation: Northern Ireland) to be made by magistrates’ courts in Northern Ireland.]

(2) But an order under subsection (1) [F74 or (1A)] may not enable such a confiscation order to be made by any magistrates' court in respect of an amount exceeding £10,000.

(3) An order under subsection (1) [F74 or (1A)] may amend, repeal, revoke or otherwise modify any provision of Part 2 or 4 of the 2002 Act [F75 (as the case may be)] or any other enactment relating to, or to things done under or for the purposes of, [F76 that Part (or any provision of that Part)].

Textual Amendments

F70 Word in s. 97(1) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 23(2)(a) (with arts. 28-31)

F71 S. 97(1)(b) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 23(2)(b) (with arts. 28-31)

F72 Words in s. 97(1) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 23(2)(c) (with arts. 28-31)

F73 S. 97(1A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 23(3) (with arts. 28-31)

F74 Words in s. 97(2)(3) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 23(4) (with arts. 28-31)

F75 Words in s. 97(3) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 23(5)(a) (with arts. 28-31)

F76 Words in s. 97(3) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 23(5)(b) (with arts. 28-31)

Commencement Information

I65 S. 97 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(a)

98 Civil recovery: freezing orders U.K.

(1) In the Proceeds of Crime Act 2002 (c. 29), after section 245 insert—

“Property freezing orders (England and Wales and Northern Ireland) U.K.

245A Application for property freezing order

(1) Where the enforcement authority may take proceedings for a recovery order in the High Court, the authority may apply to the court for a property freezing order (whether before or after starting the proceedings).

(2) A property freezing order is an order that—

(a) specifies or describes the property to which it applies, and

(b) subject to any exclusions (see section 245C(1)(b) and (2)), prohibits any person to whose property the order applies from in any way dealing with the property.

(3) An application for a property freezing order may be made without notice if the circumstances are such that notice of the application would prejudice any right of the enforcement authority to obtain a recovery order in respect of any property.

(4) The court may make a property freezing order on an application if it is satisfied that the condition in subsection (5) is met and, where applicable, that the condition in subsection (6) is met.

(5) The first condition is that there is a good arguable case—

(a) that the property to which the application for the order relates is or includes recoverable property, and

(b) that, if any of it is not recoverable property, it is associated property.

(6) The second condition is that, if—

(a) the property to which the application for the order relates includes property alleged to be associated property, and

(b) the enforcement authority has not established the identity of the person who holds it,

the authority has taken all reasonable steps to do so.

245B Variation and setting aside of order

(1) The court may at any time vary or set aside a property freezing order.

(2) If the court makes an interim receiving order that applies to all of the property to which a property freezing order applies, it must set aside the property freezing order.

(3) If the court makes an interim receiving order that applies to some but not all of the property to which a property freezing order applies, it must vary the property freezing order so as to exclude any property to which the interim receiving order applies.

(4) If the court decides that any property to which a property freezing order applies is neither recoverable property nor associated property, it must vary the order so as to exclude the property.

(5) Before exercising power under this Chapter to vary or set aside a property freezing order, the court must (as well as giving the parties to the proceedings an opportunity to be heard) give such an opportunity to any person who may be affected by its decision.

(6) Subsection (5) does not apply where the court is acting as required by subsection (2) or (3).

245C Exclusions

(1) The power to vary a property freezing order includes (in particular) power to make exclusions as follows—

(a) power to exclude property from the order, and

(b) power, otherwise than by excluding property from the order, to make exclusions from the prohibition on dealing with the property to which the order applies.

(2) Exclusions from the prohibition on dealing with the property to which the order applies (other than exclusions of property from the order) may also be made when the order is made.

(3) An exclusion may, in particular, make provision for the purpose of enabling any person—

(a) to meet his reasonable living expenses, or

(b) to carry on any trade, business, profession or occupation.

(4) An exclusion may be made subject to conditions.

(5) Where the court exercises the power to make an exclusion for the purpose of enabling a person to meet legal expenses that he has incurred, or may incur, in respect of proceedings under this Part, it must ensure that the exclusion—

(a) is limited to reasonable legal expenses that the person has reasonably incurred or that he reasonably incurs,

(b) specifies the total amount that may be released for legal expenses in pursuance of the exclusion, and

(c) is made subject to the required conditions (see section 286A) in addition to any conditions imposed under subsection (4).

(6) The court, in deciding whether to make an exclusion for the purpose of enabling a person to meet legal expenses of his in respect of proceedings under this Part—

(a) must have regard (in particular) to the desirability of the person being represented in any proceedings under this Part in which he is a participant, and

(b) must, where the person is the respondent, disregard the possibility that legal representation of the person in any such proceedings might, were an exclusion not made, be funded by the Legal Services Commission or the Northern Ireland Legal Services Commission.

(7) If excluded property is not specified in the order it must be described in the order in general terms.

(8) The power to make exclusions must, subject to subsection (6), be exercised with a view to ensuring, so far as practicable, that the satisfaction of any right of the enforcement authority to recover the property obtained through unlawful conduct is not unduly prejudiced.

(9) Subsection (8) does not apply where the court is acting as required by section 245B(3) or (4).

245D Restriction on proceedings and remedies

(1) While a property freezing order has effect—

(a) the court may stay any action, execution or other legal process in respect of the property to which the order applies, and

(b) no distress may be levied against the property to which the order applies except with the leave of the court and subject to any terms the court may impose.

(2) If a court (whether the High Court or any other court) in which proceedings are pending in respect of any property is satisfied that a property freezing order has been applied for or made in respect of the property, it may either stay the proceedings or allow them to continue on any terms it thinks fit.

(3) If a property freezing order applies to a tenancy of any premises, no landlord or other person to whom rent is payable may exercise the right of forfeiture by peaceable re-entry in relation to the premises in respect of any failure by the tenant to comply with any term or condition of the tenancy, except with the leave of the court and subject to any terms the court may impose.

(4) Before exercising any power conferred by this section, the court must (as well as giving the parties to any of the proceedings concerned an opportunity to be heard) give such an opportunity to any person who may be affected by the court's decision.”

(2) In the Proceeds of Crime Act 2002 (c. 29), after section 255 insert—

“Prohibitory property orders (Scotland) U.K.

255A Application for prohibitory property order

(1) Where the enforcement authority may take proceedings for a recovery order in the Court of Session, the authority may apply to the court for a prohibitory property order (whether before or after starting the proceedings).

(2) A prohibitory property order is an order that—

(a) specifies or describes the property to which it applies, and

(b) subject to any exclusions (see section 255C(1)(b) and (2)), prohibits any person to whose property the order applies from in any way dealing with the property.

(3) An application for a prohibitory property order may be made without notice if the circumstances are such that notice of the application would prejudice any right of the enforcement authority to obtain a recovery order in respect of any property.

(4) The court may make a prohibitory property order on an application if it is satisfied that the condition in subsection (5) is met and, where applicable, that the condition in subsection (6) is met.

(5) The first condition is that there is a good arguable case—

(a) that the property to which the application for the order relates is or includes recoverable property, and

(b) that, if any of it is not recoverable property, it is associated property.

(6) The second condition is that, if—

(a) the property to which the application for the order relates includes property alleged to be associated property, and

(b) the enforcement authority has not established the identity of the person who holds it,

the authority has taken all reasonable steps to do so.

255B Variation and recall of prohibitory property order

(1) The court may at any time vary or recall a prohibitory property order.

(2) If the court makes an interim administration order that applies to all of the property to which a prohibitory property order applies, it must recall the prohibitory property order.

(3) If the court makes an interim administration order that applies to some but not all of the property to which a prohibitory property order applies, it must vary the prohibitory property order so as to exclude any property to which the interim administration order applies.

(4) If the court decides that any property to which a prohibitory property order applies is neither recoverable property nor associated property, it must vary the order so as to exclude the property.

(5) Before exercising power under this Chapter to vary or recall a prohibitory property order, the court must (as well as giving the parties to the proceedings an opportunity to be heard) give such an opportunity to any person who may be affected by its decision.

(6) Subsection (5) does not apply where the court is acting as required by subsection (2) or (3).

255C Exclusions

(1) The power to vary a prohibitory property order includes (in particular) power to make exclusions as follows—

(a) power to exclude property from the order, and

(b) power, otherwise than by excluding property from the order, to make exclusions from the prohibition on dealing with the property to which the order applies.

(2) Exclusions from the prohibition on dealing with the property to which the order applies (other than exclusions of property from the order) may also be made when the order is made.

(3) An exclusion may, in particular, make provision for the purpose of enabling any person—

(a) to meet his reasonable living expenses, or

(b) to carry on any trade, business, profession or occupation.

(4) An exclusion may be made subject to conditions.

(5) An exclusion may not be made for the purpose of enabling any person to meet any legal expenses in respect of proceedings under this Part.

(6) If excluded property is not specified in the order it must be described in the order in general terms.

(7) The power to make exclusions must be exercised with a view to ensuring, so far as practicable, that the satisfaction of any right of the enforcement authority to recover the property obtained through unlawful conduct is not unduly prejudiced.

(8) Subsection (7) does not apply where the court is acting as required by section 255B(3) or (4).

255D Restriction on proceedings and remedies

(1) While a prohibitory property order has effect the court may sist any action, execution or other legal process in respect of the property to which the order applies.

(2) If a court (whether the Court of Session or any other court) in which proceedings are pending in respect of any property is satisfied that a prohibitory property order has been applied for or made in respect of the property, it may either sist the proceedings or allow them to continue on any terms it thinks fit.

(3) Before exercising any power conferred by this section, the court must (as well as giving the parties to any of the proceedings concerned an opportunity to be heard) give such an opportunity to any person who may be affected by the court's decision.

255E Arrestment of property affected by prohibitory property order

(1) On the application of the enforcement authority the Court of Session may, in relation to moveable recoverable property to which a prohibitory property order applies (whether generally or to such of it as is specified in the application), grant warrant for arrestment.

(2) An application under subsection (1) may be made at the same time as the application for the prohibitory property order or at any time thereafter.

(3) Such a warrant for arrestment may be granted only if the property would be arrestable if the person entitled to it were a debtor.

(4) A warrant under subsection (1) has effect as if granted on the dependence of an action for debt at the instance of the enforcement authority against the person and may be executed, recalled, loosed or restricted accordingly.

(5) An arrestment executed under this section ceases to have effect when, or in so far as, the prohibitory property order ceases to apply in respect of the property in relation to which the warrant for arrestment was granted.

(6) If an arrestment ceases to have effect to any extent by virtue of subsection (5) the enforcement authority must apply to the Court of Session for an order recalling or, as the case may be, restricting the arrestment.

255F Inhibition of property affected by prohibitory property order

(1) On the application of the enforcement authority, the Court of Session may, in relation to the property mentioned in subsection (2), grant warrant for inhibition against any person specified in a prohibitory property order.

(2) That property is heritable property situated in Scotland to which the prohibitory property order applies (whether generally or to such of it as is specified in the application).

(3) The warrant for inhibition—

(a) has effect as if granted on the dependence of an action for debt by the enforcement authority against the person and may be executed, recalled, loosed or restricted accordingly, and

(b) has the effect of letters of inhibition and must forthwith be registered by the enforcement authority in the register of inhibitions and adjudications.

(4) Section 155 of the Titles to Land Consolidation (Scotland) Act 1868 (c. 101) (effective date of inhibition) applies in relation to an inhibition for which warrant is granted under subsection (1) as it applies to an inhibition by separate letters or contained in a summons.

(5) An inhibition executed under this section ceases to have effect when, or in so far as, the prohibitory property order ceases to apply in respect of the property in relation to which the warrant for inhibition was granted.

(6) If an inhibition ceases to have effect to any extent by virtue of subsection (5) the enforcement authority must—

(a) apply for the recall or, as the case may be, the restriction of the inhibition, and

(b) ensure that the recall or restriction is reflected in the register of inhibitions and adjudications.”

Commencement Information

I66 S. 98(1) in force at 1.1.2006 by S.I. 2005/3136, art. 3(a)

I67 S. 98(2) in force at 1.1.2006 by S.I. 2005/3136, art. 2(a)

99 Civil recovery: interim receivers' expenses etc. U.K.

(1) The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

(2) In section 280 (civil recovery orders: applying realised proceeds), after subsection (2) insert—

“(3) The Director may apply a sum received by him under subsection (2) in making payment of the remuneration and expenses of—

(a) the trustee, or

(b) any interim receiver appointed in, or in anticipation of, the proceedings for the recovery order.

(4) Subsection (3)(a) does not apply in relation to the remuneration of the trustee if the trustee is a member of the staff of the Agency.”

(3) In section 284 (payment of interim administrator or trustee (Scotland))—

(a) the existing words become subsection (1), and

(b) after that subsection insert—

“(2) The Scottish Ministers may apply a sum received by them under section 280(2) in making payment of such fees or expenses.

(3) Subsection (2) does not apply in relation to the fees of a trustee for civil recovery if the trustee is a member of their staff.”

F77 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F77 S. 99(4) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 14; S.I. 2008/755, art. 2(1)(d) (with arts. 3-14)

Commencement Information

I68 S. 99(1)(4) in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(b)

I69 S. 99(2)(3) in force at 1.7.2005 by S.I. 2005/1521, art. 2(1)(b)

100 Detention of seized cash: meaning of “48 hours” U.K.

(1) In the Proceeds of Crime Act 2002 (c. 29), Chapter 3 of Part 5 (civil recovery of cash in summary proceedings) is amended as follows.

(2) In section 295 (detention of seized cash, initially for 48 hours), after subsection (1) insert—

“(1A) The period of 48 hours mentioned in subsection (1) is to be calculated in accordance with subsection (1B).

(1B) In calculating a period of 48 hours in accordance with this subsection, no account shall be taken of—

(a) any Saturday or Sunday,

(b) Christmas Day,

(c) Good Friday,

(d) any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom within which the cash is seized, or

(e) any day prescribed under section 8(2) of the Criminal Procedure (Scotland) Act 1995 as a court holiday in a sheriff court in the sheriff court district within which the cash is seized.”

(3) In sections 290(6), 296(1) and 302(2), after “48 hours” insert “ (calculated in accordance with section 295(1B)) ”.

Commencement Information

I70 S. 100 in force at 1.7.2005 by S.I. 2005/1521, art. 2(1)(c)

101 Appeal in proceedings for forfeiture of cash U.K.

(1) For section 299 of the Proceeds of Crime Act 2002 (appeal against forfeiture of cash) substitute—

“299 Appeal against decision under section 298

(1) Any party to proceedings for an order for the forfeiture of cash under section 298 who is aggrieved by an order under that section or by the decision of the court not to make such an order may appeal—

(a) in relation to England and Wales, to the Crown Court;

(b) in relation to Scotland, to the Sheriff Principal;

(c) in relation to Northern Ireland, to a county court.

(2) An appeal under subsection (1) must be made before the end of the period of 30 days starting with the day on which the court makes the order or decision.

(3) The court hearing the appeal may make any order it thinks appropriate.

(4) If the court upholds an appeal against an order forfeiting the cash, it may order the release of the cash.”

(2) This section does not apply to a decision of a court not to order the forfeiture of cash under section 298 of that Act taken before this section comes into force.

Commencement Information

I71 S. 101 in force at 1.7.2005 by S.I. 2005/1521, art. 2(1)(d) (with art. 2(2))

102 Money laundering: defence where overseas conduct is legal under local law U.K.

(1) In the Proceeds of Crime Act 2002 (c. 29), Part 7 (money laundering) is amended as follows.

(2) In section 327 (concealing etc.), after subsection (2) insert—

“(2A) Nor does a person commit an offence under subsection (1) if—

(a) he knows, or believes on reasonable grounds, that the relevant criminal conduct occurred in a particular country or territory outside the United Kingdom, and

(b) the relevant criminal conduct—

(i) was not, at the time it occurred, unlawful under the criminal law then applying in that country or territory, and

(ii) is not of a description prescribed by an order made by the Secretary of State.

(2B) In subsection (2A) “the relevant criminal conduct” is the criminal conduct by reference to which the property concerned is criminal property.”

(3) In section 328 (arrangements), after subsection (2) insert—

“(3) Nor does a person commit an offence under subsection (1) if—

(a) he knows, or believes on reasonable grounds, that the relevant criminal conduct occurred in a particular country or territory outside the United Kingdom, and

(b) the relevant criminal conduct—

(i) was not, at the time it occurred, unlawful under the criminal law then applying in that country or territory, and

(ii) is not of a description prescribed by an order made by the Secretary of State.

(4) In subsection (3) “the relevant criminal conduct” is the criminal conduct by reference to which the property concerned is criminal property.”

(4) In section 329 (acquisition, use and possession), after subsection (2) insert—

“(2A) Nor does a person commit an offence under subsection (1) if—

(a) he knows, or believes on reasonable grounds, that the relevant criminal conduct occurred in a particular country or territory outside the United Kingdom, and

(b) the relevant criminal conduct—

(i) was not, at the time it occurred, unlawful under the criminal law then applying in that country or territory, and

(ii) is not of a description prescribed by an order made by the Secretary of State.

(2B) In subsection (2A) “the relevant criminal conduct” is the criminal conduct by reference to which the property concerned is criminal property.”

(5) In section 330 (failure to disclose: regulated sector), after subsection (7) insert—

“(7A) Nor does a person commit an offence under this section if—

(a) he knows, or believes on reasonable grounds, that the money laundering is occurring in a particular country or territory outside the United Kingdom, and

(b) the money laundering—

(i) is not unlawful under the criminal law applying in that country or territory, and

(ii) is not of a description prescribed in an order made by the Secretary of State.”

(6) In section 331 (failure to disclose: nominated officers in the regulated sector), after subsection (6) insert—

“(6A) Nor does a person commit an offence under this section if—

(a) he knows, or believes on reasonable grounds, that the money laundering is occurring in a particular country or territory outside the United Kingdom, and

(b) the money laundering—

(i) is not unlawful under the criminal law applying in that country or territory, and

(ii) is not of a description prescribed in an order made by the Secretary of State.”

(7) In section 332 (failure to disclose: other nominated officers), after subsection (6) insert—

“(7) Nor does a person commit an offence under this section if—

(a) he knows, or believes on reasonable grounds, that the money laundering is occurring in a particular country or territory outside the United Kingdom, and

(b) the money laundering—

(i) is not unlawful under the criminal law applying in that country or territory, and

(ii) is not of a description prescribed in an order made by the Secretary of State.”

Commencement Information

I72 S. 102 in force at 15.5.2006 by S.I. 2006/1085, art. 3

103 Money laundering: threshold amounts U.K.

(1) The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

(2) In section 327 (concealing etc.), after subsection (2B) (which is inserted by section 102 of this Act) insert—

“(2C) A deposit-taking body that does an act mentioned in paragraph (c) or (d) of subsection (1) does not commit an offence under that subsection if—

(a) it does the act in operating an account maintained with it, and

(b) the value of the criminal property concerned is less than the threshold amount determined under section 339A for the act.”

(3) In section 328 (arrangements), after subsection (4) (which is inserted by section 102 of this Act) insert—

“(5) A deposit-taking body that does an act mentioned in subsection (1) does not commit an offence under that subsection if—

(a) it does the act in operating an account maintained with it, and

(b) the arrangement facilitates the acquisition, retention, use or control of criminal property of a value that is less than the threshold amount determined under section 339A for the act.”

(4) In section 329 (acquisition, use and possession), after subsection (2B) (which is inserted by section 102 of this Act) insert—

“(2C) A deposit-taking body that does an act mentioned in subsection (1) does not commit an offence under that subsection if—

(a) it does the act in operating an account maintained with it, and

(b) the value of the criminal property concerned is less than the threshold amount determined under section 339A for the act.”

(5) In Part 7 (money laundering), after section 339 insert—

“Threshold amounts U.K.

339A Threshold amounts

(1) This section applies for the purposes of sections 327(2C), 328(5) and 329(2C).

(2) The threshold amount for acts done by a deposit-taking body in operating an account is £250 unless a higher amount is specified under the following provisions of this section (in which event it is that higher amount).

(3) An officer of Revenue and Customs, or a constable, may specify the threshold amount for acts done by a deposit-taking body in operating an account—

(a) when he gives consent, or gives notice refusing consent, to the deposit-taking body's doing of an act mentioned in section 327(1), 328(1) or 329(1) in opening, or operating, the account or a related account, or

(b) on a request from the deposit-taking body.

(4) Where the threshold amount for acts done in operating an account is specified under subsection (3) or this subsection, an officer of Revenue and Customs, or a constable, may vary the amount (whether on a request from the deposit-taking body or otherwise) by specifying a different amount.

(5) Different threshold amounts may be specified under subsections (3) and (4) for different acts done in operating the same account.

(6) The amount specified under subsection (3) or (4) as the threshold amount for acts done in operating an account must, when specified, not be less than the amount specified in subsection (2).

(7) The Secretary of State may by order vary the amount for the time being specified in subsection (2).

(8) For the purposes of this section, an account is related to another if each is maintained with the same deposit-taking body and there is a person who, in relation to each account, is the person or one of the persons entitled to instruct the body as respects the operation of the account.”

(6) In section 340 (interpretation of Part 7), after subsection (13) insert—

“(14) “Deposit-taking body” means—

(a) a business which engages in the activity of accepting deposits, or

(b) the National Savings Bank.”

(7) In section 459(4)(a) and (6)(a) (provision for certain orders to be subject to affirmative procedure), after “309,” insert “ 339A(7), ”.

Commencement Information

I73 S. 103 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(c)

104 Money laundering: disclosures to identify persons and property U.K.

(1) In the Proceeds of Crime Act 2002 (c. 29), Part 7 (money laundering) is amended as follows.

(2) In section 330(1) (regulated sector: failure to disclose: offence committed if three conditions satisfied), for “each of the following three conditions is satisfied” substitute “ the conditions in subsections (2) to (4) are satisfied ”.

(3) For section 330(4) to (6) (the required disclosure) substitute—

“(3A) The third condition is—

(a) that he can identify the other person mentioned in subsection (2) or the whereabouts of any of the laundered property, or

(b) that he believes, or it is reasonable to expect him to believe, that the information or other matter mentioned in subsection (3) will or may assist in identifying that other person or the whereabouts of any of the laundered property.

(4) The fourth condition is that he does not make the required disclosure to—

(a) a nominated officer, or

(b) a person authorised for the purposes of this Part by the Director General of the Serious Organised Crime Agency,

as soon as is practicable after the information or other matter mentioned in subsection (3) comes to him.

(5) The required disclosure is a disclosure of—

(a) the identity of the other person mentioned in subsection (2), if he knows it,

(b) the whereabouts of the laundered property, so far as he knows it, and

(c) the information or other matter mentioned in subsection (3).

(5A) The laundered property is the property forming the subject-matter of the money laundering that he knows or suspects, or has reasonable grounds for knowing or suspecting, that other person to be engaged in.

(6) But he does not commit an offence under this section if—

(a) he has a reasonable excuse for not making the required disclosure,

(b) he is a professional legal adviser and—

(i) if he knows either of the things mentioned in subsection (5)(a) and (b), he knows the thing because of information or other matter that came to him in privileged circumstances, or

(ii) the information or other matter mentioned in subsection (3) came to him in privileged circumstances, or

(c) subsection (7) applies to him.”

(4) For section 331(4) to (6) (failure to disclose: nominated officers in the regulated sector: the required disclosure) substitute—

“(3A) The third condition is—

(a) that he knows the identity of the other person mentioned in subsection (2), or the whereabouts of any of the laundered property, in consequence of a disclosure made under section 330,

(b) that that other person, or the whereabouts of any of the laundered property, can be identified from the information or other matter mentioned in subsection (3), or

(c) that he believes, or it is reasonable to expect him to believe, that the information or other matter will or may assist in identifying that other person or the whereabouts of any of the laundered property.

(4) The fourth condition is that he does not make the required disclosure to a person authorised for the purposes of this Part by the Director General of the Serious Organised Crime Agency as soon as is practicable after the information or other matter mentioned in subsection (3) comes to him.

(5) The required disclosure is a disclosure of—

(a) the identity of the other person mentioned in subsection (2), if disclosed to him under section 330,

(b) the whereabouts of the laundered property, so far as disclosed to him under section 330, and

(c) the information or other matter mentioned in subsection (3).

(5A) The laundered property is the property forming the subject-matter of the money laundering that he knows or suspects, or has reasonable grounds for knowing or suspecting, that other person to be engaged in.

(6) But he does not commit an offence under this section if he has a reasonable excuse for not making the required disclosure.”

(5) In section 332(3) (failure to disclose: other nominated officers: the second condition), for “section 337 or 338” substitute “ the applicable section ”.

(6) For section 332(4) to (6) (the required disclosure) substitute—

“(3A) The third condition is—

(a) that he knows the identity of the other person mentioned in subsection (2), or the whereabouts of any of the laundered property, in consequence of a disclosure made under the applicable section,

(b) that that other person, or the whereabouts of any of the laundered property, can be identified from the information or other matter mentioned in subsection (3), or

(c) that he believes, or it is reasonable to expect him to believe, that the information or other matter will or may assist in identifying that other person or the whereabouts of any of the laundered property.

(4) The fourth condition is that he does not make the required disclosure to a person authorised for the purposes of this Part by the Director General of the Serious Organised Crime Agency as soon as is practicable after the information or other matter mentioned in subsection (3) comes to him.

(5) The required disclosure is a disclosure of—

(a) the identity of the other person mentioned in subsection (2), if disclosed to him under the applicable section,

(b) the whereabouts of the laundered property, so far as disclosed to him under the applicable section, and

(c) the information or other matter mentioned in subsection (3).

(5A) The laundered property is the property forming the subject-matter of the money laundering that he knows or suspects that other person to be engaged in.

(5B) The applicable section is section 337 or, as the case may be, section 338.

(6) But he does not commit an offence under this section if he has a reasonable excuse for not making the required disclosure.”

(7) In section 337 (protected disclosures), after subsection (4) insert—

“(4A) Where a disclosure consists of a disclosure protected under subsection (1) and a disclosure of either or both of—

(a) the identity of the other person mentioned in subsection (3), and

(b) the whereabouts of property forming the subject-matter of the money laundering that the discloser knows or suspects, or has reasonable grounds for knowing or suspecting, that other person to be engaged in,

the disclosure of the thing mentioned in paragraph (a) or (b) (as well as the disclosure protected under subsection (1)) is not to be taken to breach any restriction on the disclosure of information (however imposed).”

Commencement Information

I74 S. 104 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(c) (with art. 3(4))

105 Money laundering: form and manner of disclosures U.K.

(1) In the Proceeds of Crime Act 2002 (c. 29), Part 7 (money laundering) is amended as follows.

(2) In each of sections 330(9)(b), 337(5)(b) and 338(5)(b) (disclosure to nominated officer is ineffective if employer's procedures not followed), omit “and in accordance with the procedure established by the employer for the purpose”.

(3) In section 334 (penalties), after subsection (2) insert—

“(3) A person guilty of an offence under section 339(1A) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.”

(4) In section 338(1) (authorised disclosures), omit paragraph (b) (disclosure must be made in prescribed form and manner) but not the “and” at the end.

(5) In section 339 (form and manner of disclosures), for subsections (2) and (3) substitute—

“(1A) A person commits an offence if he makes a disclosure under section 330, 331, 332 or 338 otherwise than in the form prescribed under subsection (1) or otherwise than in the manner so prescribed.

(1B) But a person does not commit an offence under subsection (1A) if he has a reasonable excuse for making the disclosure otherwise than in the form prescribed under subsection (1) or (as the case may be) otherwise than in the manner so prescribed.

(2) The power under subsection (1) to prescribe the form in which a disclosure must be made includes power to provide for the form to include a request to a person making a disclosure that the person provide information specified or described in the form if he has not provided it in making the disclosure.

(3) Where under subsection (2) a request is included in a form prescribed under subsection (1), the form must—

(a) state that there is no obligation to comply with the request, and

(b) explain the protection conferred by subsection (4) on a person who complies with the request.”

Commencement Information

I75 S. 105 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(c)

106 Money laundering: miscellaneous amendments U.K.

(1) In the Proceeds of Crime Act 2002, Part 7 (money laundering) is amended as follows.

(2) In section 330 (regulated sector: failure to disclose), after subsection (9) insert—

“(9A) But a disclosure which satisfies paragraphs (a) and (b) of subsection (9) is not to be taken as a disclosure to a nominated officer if the person making the disclosure—

(a) is a professional legal adviser,

(b) makes it for the purpose of obtaining advice about making a disclosure under this section, and

(c) does not intend it to be a disclosure under this section.”

(3) In section 337(5)(a) (disclosure to person nominated to receive disclosures under section 337), after “disclosures under” insert “ section 330 or ”.

(4) In section 338(1)(c) (first or second condition must be satisfied for disclosure to be authorised), for “or second” substitute “ , second or third ”.

(5) In section 338 (authorised disclosures), after subsection (2) insert—

“(2A) The second condition is that—

(a) the disclosure is made while the alleged offender is doing the prohibited act,

(b) he began to do the act at a time when, because he did not then know or suspect that the property constituted or represented a person's benefit from criminal conduct, the act was not a prohibited act, and

(c) the disclosure is made on his own initiative and as soon as is practicable after he first knows or suspects that the property constitutes or represents a person's benefit from criminal conduct.”

(6) In section 338(3) (the second condition), for “second” substitute “ third ”.

Commencement Information

I76 S. 106 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(c)

107 Money laundering offences U.K.

(1) The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

(2) In section 364 (meaning of customer information) in subsection (5)—

(a) after paragraph (a) insert—

“(aa) constitutes an offence specified in section 415(1A) of this Act,”;

(b) in paragraph (b) after “paragraph (a)” insert “ or (aa) ”.

(3) In section 398 (meaning of customer information: Scotland) in subsection (5)—

(a) after paragraph (a) insert—

“(aa) constitutes an offence specified in section 415(1A) of this Act,”;

(b) in paragraph (b) after “paragraph (a)” insert “ or (aa) ”.

(4) In section 415 (money laundering offences) after subsection (1) insert—

“(1A) Each of the following is a money laundering offence—

(a) an offence under section 93A, 93B or 93C of the Criminal Justice Act 1988;

(b) an offence under section 49, 50 or 51 of the Drug Trafficking Act 1994;

(c) an offence under section 37 or 38 of the Criminal Law (Consolidation) (Scotland) Act 1995;

(d) an offence under article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996.”

Commencement Information

I77 S. 107 in force at 1.7.2005 by S.I. 2005/1521, art. 2(1)(e)

108 International co-operation U.K.

(1) Part 11 of the Proceeds of Crime Act 2002 (c. 29) (co-operation) is amended as follows.

(2) In section 444 (external requests and orders), for subsection (3)(a) (Order under the section may include provision about the functions of the Secretary of State, the Lord Advocate, the Scottish Ministers and the Director of the Assets Recovery Agency) substitute—

“(a) provision about the functions of any of the listed persons in relation to external requests and orders;”.

(3) In that section, after subsection (3) insert—

“(4) For the purposes of subsection (3)(a) “the listed persons” are—

(a) the Secretary of State;

(b) the Lord Advocate;

(c) the Scottish Ministers;

(d) the Director;

(e) the Director of Public Prosecutions;

(f) the Director of Public Prosecutions for Northern Ireland;

(g) the Director of the Serious Fraud Office; and

(h) the Director of Revenue and Customs Prosecutions.”

(4) In section 447(3) (meaning of “external investigation”), after paragraph (a) insert—

“(aa) the extent or whereabouts of property obtained as a result of or in connection with criminal conduct, or”.

Commencement Information

I78 S. 108 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(d)

109 Minor and consequential amendments relating to Chapter 6 E+W

Schedule 6, which contains minor and consequential amendments relating to provisions of this Chapter, has effect.

Commencement Information

I79 S. 109 in force at 1.8.2005 for specified purposes by S.I. 2005/2026, art. 2(a)

I80 S. 109 in force at 1.1.2006 for specified purposes by S.I. 2005/3136, art. 2(c)

I81 S. 109 in force at 1.1.2006 in so far as not already in force by S.I. 2005/3136, art. 3(b)

Part 3 U.K. Police powers etc.

Powers of arrest E+W

110 Powers of arrest E+W

(1) For section 24 of PACE (arrest without warrant for arrestable offences) substitute—

“24 Arrest without warrant: constables

(1) A constable may arrest without a warrant—

(a) anyone who is about to commit an offence;

(b) anyone who is in the act of committing an offence;

(c) anyone whom he has reasonable grounds for suspecting to be about to commit an offence;

(d) anyone whom he has reasonable grounds for suspecting to be committing an offence.

(2) If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.

(3) If an offence has been committed, a constable may arrest without a warrant—

(a) anyone who is guilty of the offence;

(b) anyone whom he has reasonable grounds for suspecting to be guilty of it.

(4) But the power of summary arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to arrest the person in question.

(5) The reasons are—

(a) to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person's name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name);

(b) correspondingly as regards the person's address;

(c) to prevent the person in question—

(i) causing physical injury to himself or any other person;

(ii) suffering physical injury;

(iii) causing loss of or damage to property;

(iv) committing an offence against public decency (subject to subsection (6)); or

(v) causing an unlawful obstruction of the highway;

(d) to protect a child or other vulnerable person from the person in question;

(e) to allow the prompt and effective investigation of the offence or of the conduct of the person in question;

(f) to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.

(6) Subsection (5)(c)(iv) applies only where members of the public going about their normal business cannot reasonably be expected to avoid the person in question.

24A Arrest without warrant: other persons

(1) A person other than a constable may arrest without a warrant—

(a) anyone who is in the act of committing an indictable offence;

(b) anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.

(2) Where an indictable offence has been committed, a person other than a constable may arrest without a warrant—

(a) anyone who is guilty of the offence;

(b) anyone whom he has reasonable grounds for suspecting to be guilty of it.

(3) But the power of summary arrest conferred by subsection (1) or (2) is exercisable only if—

(a) the person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in subsection (4) it is necessary to arrest the person in question; and

(b) it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.

(4) The reasons are to prevent the person in question—

(a) causing physical injury to himself or any other person;

(b) suffering physical injury;

(c) causing loss of or damage to property; or

(d) making off before a constable can assume responsibility for him.”

(2) Section 25 of PACE (general arrest conditions) shall cease to have effect.

(3) In section 66 of PACE (codes of practice), in subsection (1)(a)—

(a) omit “or” at the end of sub-paragraph (i),

(b) at the end of sub-paragraph (ii) insert “or

(iii) to arrest a person;”

(4) The sections 24 and 24A of PACE substituted by subsection (1) are to have effect in relation to any offence whenever committed.

Commencement Information

I82 S. 110 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

111 Powers of arrest: supplementary E+W

Schedule 7, which supplements section 110 by providing for the repeal of certain enactments (including some which are spent) and by making further supplementary provision, has effect.

Commencement Information

I83 S. 111 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Exclusion zones E+W

112 Power to direct a person to leave a place E+W

(1) A constable may direct a person to leave a place if he believes, on reasonable grounds, that the person is in the place at a time when he would be prohibited from entering it by virtue of—

(a) an order to which subsection (2) applies, or

(b) a condition to which subsection (3) applies.

(2) This subsection applies to an order which—

(a) was made, by virtue of any enactment, following the person's conviction of an offence, and

(b) prohibits the person from entering the place or from doing so during a period specified in the order.

(3) This subsection applies to a condition which—

(a) was imposed, by virtue of any enactment, as a condition of the person's release from a prison in which he was serving a sentence of imprisonment following his conviction of an offence, and

(b) prohibits the person from entering the place or from doing so during a period specified in the condition.

(4) A direction under this section may be given orally.

(5) Any person who knowingly contravenes a direction given to him under this section is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 4 on the standard scale, or to both.

F78 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F79 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In subsection (3)(a)—

(a) “sentence of imprisonment” and “prison” are to be construed in accordance with section 62(5) of the Criminal Justice and Court Services Act 2000 (c. 43);

(b) the reference to a release from prison includes a reference to a temporary release.

(9) In this section, “place” includes an area.

(10) This section applies whether or not the order or condition mentioned in subsection (1) was made or imposed before or after the commencement of this section.

Textual Amendments

F78 S. 112(6) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8)(8), Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)(t)(u)(lxi)

F79 S. 112(7) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8)(8), Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)(t)(u)(lxi)

Commencement Information

I84 S. 112 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(e)

Search warrants E+W

113 Search warrants: premises E+W

(1) PACE is amended as follows.

(2) Section 8 (power to authorise entry and search of premises) is amended as provided in subsections (3) and (4).

(3) In subsection (1)—

(a) in paragraph (b), for “specified in the application” substitute “ mentioned in subsection (1A) below ”,

(b) in paragraph (e), at the end add “ in relation to each set of premises specified in the application ”.

(4) After subsection (1) insert—

“(1A) The premises referred to in subsection (1)(b) above are—

(a) one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”); or

(b) any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

(1B) If the application is for an all premises warrant, the justice of the peace must also be satisfied—

(a) that because of the particulars of the offence referred to in paragraph (a) of subsection (1) above, there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in paragraph (b) of that subsection; and

(b) that it is not reasonably practicable to specify in the application all the premises which he occupies or controls and which might need to be searched.”

(5) Section 15 (search warrants—safeguards) is amended as provided in subsections (6) to (8).

(6) For subsection (2)(b) substitute—

“(b) to specify the matters set out in subsection (2A) below; and”.

(7) After subsection (2) insert—

“(2A) The matters which must be specified pursuant to subsection (2)(b) above are—

(a) if the application is for a specific premises warrant made by virtue of section 8(1A)(a) above or paragraph 12 of Schedule 1 below, each set of premises which it is desired to enter and search;

(b) if the application is for an all premises warrant made by virtue of section 8(1A)(b) above or paragraph 12 of Schedule 1 below—

(i) as many sets of premises which it is desired to enter and search as it is reasonably practicable to specify;

(ii) the person who is in occupation or control of those premises and any others which it is desired to enter and search;

(iii) why it is necessary to search more premises than those specified under sub-paragraph (i); and

(iv) why it is not reasonably practicable to specify all the premises which it is desired to enter and search.”

(8) For subsection (6)(a)(iv) substitute—

“(iv) each set of premises to be searched, or (in the case of an all premises warrant) the person who is in occupation or control of premises to be searched, together with any premises under his occupation or control which can be specified and which are to be searched; and”.

(9) In section 16 (execution of warrants)—

(a) after subsection (3) insert—

“(3A) If the warrant is an all premises warrant, no premises which are not specified in it may be entered or searched unless a police officer of at least the rank of inspector has in writing authorised them to be entered.”,

(b) in subsection (9), after paragraph (b) add— “ and, unless the warrant is a specific premises warrant specifying one set of premises only, he shall do so separately in respect of each set of premises entered and searched, which he shall in each case state in the endorsement. ”,

(c) in subsection (12), for “the premises” substitute “ premises ”.

(10) Schedule 1 (special procedure) is amended as follows.

(11) In each of paragraphs 2(a)(ii) and 3(a), at the end add “ , or on premises occupied or controlled by a person specified in the application (including all such premises on which there are reasonable grounds for believing that there is such material as it is reasonably practicable so to specify); ”.

(12) In paragraph 3(b), for “the premises” substitute “ such premises ”.

(13) In paragraph 12—

(a) in sub-paragraph (a)(ii), after “fulfilled” insert “ in relation to each set of premises specified in the application ”,

(b) at the end add “ or (as the case may be) all premises occupied or controlled by the person referred to in paragraph 2(a)(ii) or 3(a), including such sets of premises as are specified in the application (an “all premises warrant”) ”.

(14) After paragraph 12 insert—

“12A The judge may not issue an all premises warrant unless he is satisfied—

(a) that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application, as well as those which are, in order to find the material in question; and

(b) that it is not reasonably practicable to specify all the premises which he occupies or controls which might need to be searched.”

(15) In paragraph 14(a), omit “to which the application relates”.

Commencement Information

I85 S. 113 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(n)

114 Search warrants: other amendments E+W

(1) PACE is amended as follows.

(2) In section 8 (power to authorise entry and search of premises), after the subsection (1B) inserted by section 113(4) of this Act insert—

“(1C) The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which he issues the warrant.

(1D) If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.”

(3) Section 15 (search warrants—safeguards) is amended as provided in subsections (4) to (7).

(4) In subsection (2)(a)—

(a) omit “and” at the end of sub-paragraph (i),

(b) at the end of sub-paragraph (ii) insert “ and ”,

(c) after that sub-paragraph insert—

“(iii) if the application is for a warrant authorising entry and search on more than one occasion, the ground on which he applies for such a warrant, and whether he seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired;”.

(5) In subsection (5), at the end add “ unless it specifies that it authorises multiple entries ”.

(6) After subsection (5) insert—

“(5A) If it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified maximum.”

(7) For subsection (7) substitute—

“(7) Two copies shall be made of a specific premises warrant (see section 8(1A)(a) above) which specifies only one set of premises and does not authorise multiple entries; and as many copies as are reasonably required may be made of any other kind of warrant.”

(8) In section 16 (execution of warrants)—

(a) in subsection (3), for “one month” substitute “ three months ”,

(b) after the subsection (3A) inserted by section 113(9)(a) of this Act, insert—

“(3B) No premises may be entered or searched for the second or any subsequent time under a warrant which authorises multiple entries unless a police officer of at least the rank of inspector has in writing authorised that entry to those premises.”,

(c) for subsection (10) substitute—

“(10) A warrant shall be returned to the appropriate person mentioned in subsection (10A) below—

(a) when it has been executed; or

(b) in the case of a specific premises warrant which has not been executed, or an all premises warrant, or any warrant authorising multiple entries, upon the expiry of the period of three months referred to in subsection (3) above or sooner.

(10A) The appropriate person is—

(a) if the warrant was issued by a justice of the peace, the designated officer for the local justice area in which the justice was acting when he issued the warrant;

(b) if it was issued by a judge, the appropriate officer of the court from which he issued it.”

(9) In Schedule 1 (special procedure), in paragraph 17, for “a Circuit judge” substitute “ a judge of the High Court, a Circuit judge, a Recorder ”.

Commencement Information

I86 S. 114(1)-(8) in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(n)

Fireworks E+W

115 Power to stop and search for prohibited fireworks E+W

(1) Section 1 of PACE (powers of constables to stop and search) is amended as follows.

(2) In subsection (2), for “or any article to which subsection (8A) below applies” substitute “ , any article to which subsection (8A) below applies or any firework to which subsection (8B) below applies ”.

(3) In subsection (3), for “or any article to which subsection (8A) below applies” substitute “ , any article to which subsection (8A) below applies or any firework to which subsection (8B) below applies ”.

(4) In subsection (6), for “or an article to which subsection (8A) below applies” substitute “ , an article to which subsection (8A) below applies or a firework to which subsection (8B) below applies ”.

(5) After subsection (8A) insert—

“(8B) This subsection applies to any firework which a person possesses in contravention of a prohibition imposed by fireworks regulations.

(8C) In this section—

(a) “firework” shall be construed in accordance with the definition of “fireworks” in section 1(1) of the Fireworks Act 2003; and

(b) “fireworks regulations” has the same meaning as in that Act.”

Commencement Information

I87 S. 115 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(f)

Photographing of suspects etc. E+W

116 Photographing of suspects etc. E+W

(1) Section 64A of PACE (photographing of suspects etc.) is amended as follows.

(2) After subsection (1) insert—

“(1A) A person falling within subsection (1B) below may, on the occasion of the relevant event referred to in subsection (1B), be photographed elsewhere than at a police station—

(a) with the appropriate consent; or

(b) if the appropriate consent is withheld or it is not practicable to obtain it, without it.

(1B) A person falls within this subsection if he has been—

(a) arrested by a constable for an offence;

(b) taken into custody by a constable after being arrested for an offence by a person other than a constable;

(c) made subject to a requirement to wait with a community support officer under paragraph 2(3) or (3B) of Schedule 4 to the Police Reform Act 2002 (“the 2002 Act”);

(d) given a penalty notice by a constable in uniform under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001, a penalty notice by a constable under section 444A of the Education Act 1996, or a fixed penalty notice by a constable in uniform under section 54 of the Road Traffic Offenders Act 1988;

(e) given a notice in relation to a relevant fixed penalty offence (within the meaning of paragraph 1 of Schedule 4 to the 2002 Act) by a community support officer by virtue of a designation applying that paragraph to him; or

(f) given a notice in relation to a relevant fixed penalty offence (within the meaning of paragraph 1 of Schedule 5 to the 2002 Act) by an accredited person by virtue of accreditation specifying that that paragraph applies to him.”

(3) In subsection (4)(a), after “prosecution” insert “ or to the enforcement of a sentence ”.

(4) In subsection (5), after paragraph (b) insert “; and

(c) “sentence” includes any order made by a court in England and Wales when dealing with an offender in respect of his offence.”

(5) After subsection (6) insert—

“(6A) In this section, a “photograph” includes a moving image, and corresponding expressions shall be construed accordingly.”

Commencement Information

I88 S. 116(1)(3)-(5) in force at 1.8.2005 by S.I. 2005/2026, art. 2(c)

I89 S. 116(2) in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(o)

Fingerprints and footwear impressions E+W

117 Fingerprints E+W

(1) Section 61 of PACE (fingerprinting) is amended as provided in subsections (2) to (4).

(2) After subsection (6) insert—

“(6A) A constable may take a person's fingerprints without the appropriate consent if—

(a) the constable reasonably suspects that the person is committing or attempting to commit an offence, or has committed or attempted to commit an offence; and

(b) either of the two conditions mentioned in subsection (6B) is met.

(6B) The conditions are that—

(a) the name of the person is unknown to, and cannot be readily ascertained by, the constable;

(b) the constable has reasonable grounds for doubting whether a name furnished by the person as his name is his real name.

(6C) The taking of fingerprints by virtue of subsection (6A) does not count for any of the purposes of this Act as taking them in the course of the investigation of an offence by the police.”

(3) In subsection (7), for “or (6)” substitute “ , (6) or (6A) ”.

(4) In subsection (7A)—

(a) after “police station,” insert “ or by virtue of subsection (6A) at a place other than a police station, ”,

(b) in paragraph (a), after “an officer” insert “ (or, in a subsection (6A) case, the constable) ”.

(5) In section 63A of PACE (fingerprints and samples: supplementary provisions)—

(a) after subsection (1) insert—

“((1ZA)) Fingerprints taken by virtue of section 61(6A) above may be checked against other fingerprints to which the person seeking to check has access and which are held by or on behalf of any one or more relevant law-enforcement authorities or which are held in connection with or as a result of an investigation of an offence.”,

(b) in subsection (1A), after “subsection (1)” insert “ and (1ZA) ”.

F80 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F80 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F80 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F80 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F80 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80 S. 117(6)-(10) repealed (31.10.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 10 Pt. 1 (with s. 97); S.I. 2013/2104, art. 3(d)

Commencement Information

I90 S. 117(1)(2) in force at 7.3.2011 by S.I. 2011/410, art. 2(a)

I91 S. 117(4)(a) in force at 7.3.2011 by S.I. 2011/410, art. 2(b)

I92 S. 117(5) in force at 7.3.2011 by S.I. 2011/410, art. 2(c)

118 Impressions of footwear E+W

(1) PACE is amended as provided in subsections (2) to (4).

(2) After section 61 insert—

“61A Impressions of footwear

(1) Except as provided by this section, no impression of a person's footwear may be taken without the appropriate consent.

(2) Consent to the taking of an impression of a person's footwear must be in writing if it is given at a time when he is at a police station.

(3) Where a person is detained at a police station, an impression of his footwear may be taken without the appropriate consent if—

(a) he is detained in consequence of his arrest for a recordable offence, or has been charged with a recordable offence, or informed that he will be reported for a recordable offence; and

(b) he has not had an impression taken of his footwear in the course of the investigation of the offence by the police.

(4) Where a person mentioned in paragraph (a) of subsection (3) above has already had an impression taken of his footwear in the course of the investigation of the offence by the police, that fact shall be disregarded for the purposes of that subsection if the impression of his footwear taken previously is—

(a) incomplete; or

(b) is not of sufficient quality to allow satisfactory analysis, comparison or matching (whether in the case in question or generally).

(5) If an impression of a person's footwear is taken at a police station, whether with or without the appropriate consent—

(a) before it is taken, an officer shall inform him that it may be the subject of a speculative search; and

(b) the fact that the person has been informed of this possibility shall be recorded as soon as is practicable after the impression has been taken, and if he is detained at a police station, the record shall be made on his custody record.

(6) In a case where, by virtue of subsection (3) above, an impression of a person's footwear is taken without the appropriate consent—

(a) he shall be told the reason before it is taken; and

(b) the reason shall be recorded on his custody record as soon as is practicable after the impression is taken.

(7) The power to take an impression of the footwear of a person detained at a police station without the appropriate consent shall be exercisable by any constable.

(8) Nothing in this section applies to any person—

(a) arrested or detained under the terrorism provisions;

(b) arrested under an extradition arrest power.”

(3) Section 63A (fingerprints and samples: supplementary provisions) is amended as follows—

(a) in subsection (1), after “fingerprints”, in both places, insert “ , impressions of footwear ”,

(b) in subsection (1C)—

(i) in paragraph (a), after “fingerprints” insert “ , impressions of footwear ”,

(ii) in paragraph (b), after “fingerprints” insert “ , of the impressions of footwear ”,

(iii) after the third “fingerprints” insert “ or impressions of footwear ”,

(iv) after the fourth “fingerprints” insert “ , impressions of footwear ”.

F81 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81 S. 118(4) repealed (31.10.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 10 Pt. 1 (with s. 97); S.I. 2013/2104, art. 3(d)

Commencement Information

I93 S. 118 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(p)

Intimate samples E+W

119 Intimate samples E+W

(1) Section 65 of PACE (which defines certain terms for the purposes of Part 5 of that Act) is amended as follows.

(2) In the definition of “intimate sample”, for paragraph (c) substitute—

“(c) a swab taken from any part of a person's genitals (including pubic hair) or from a person's body orifice other than the mouth;”.

(3) In the definition of “non-intimate sample”, for paragraph (c) substitute—

“(c) a swab taken from any part of a person's body other than a part from which a swab taken would be an intimate sample;”.

Commencement Information

I94 S. 119 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(g)

Custody officers E+W

Prospective

F82 120 Staff custody officers: designation E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F82 S. 120 repealed (12.1.2009) by Policing and Crime Act 2009 (c. 26), s. 116(6)(b), Sch. 8 Pt. 13

121 Custody officers: amendments to PACE E+W

(1) Section 36 of PACE (custody officers at police stations) is amended as provided in subsections (2) to (6).

F83 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F83 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F83 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In subsection (8)—

(a) after “in” insert “ section 34 above or in ”,

F84 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F86 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F83 S. 121(2)-(4) repealed (12.1.2009) by Policing and Crime Act 2009 (c. 26), s. 116(6)(b), Sch. 8 Pt. 13

F84 S. 121(5)(b) repealed (12.1.2009) by Policing and Crime Act 2009 (c. 26), s. 116(6)(b), Sch. 8 Pt. 13

F85 S. 121(6) repealed (12.1.2009) by Policing and Crime Act 2009 (c. 26), s. 116(6)(b), Sch. 8 Pt. 13

F86 S. 121(7) repealed (12.1.2009) by Policing and Crime Act 2009 (c. 26), s. 116(6)(b), Sch. 8 Pt. 13

Commencement Information

I95 S. 121(5)(a) in force at 7.3.2011 by S.I. 2011/410, art. 2(f)

Designated and accredited persons E+W

122 Powers of designated and accredited persons E+W

(1) The Police Reform Act 2002 (c. 30) is amended as follows.

(2) In section 42 (supplementary provisions relating to designations)—

(a) in subsection (2), after “section 41 shall” insert “ , subject to subsection (2A), ”,

(b) after subsection (2) insert—

“(2A) A police officer of or above the rank of inspector may direct a particular investigating officer not to wear a uniform for the purposes of a particular operation; and if he so directs, subsection (2) shall not apply in relation to that investigating officer for the purposes of that operation.

(2B) In subsection (2A), “investigating officer” means a person designated as an investigating officer under section 38 by the chief officer of police of the same force as the officer giving the direction.”

(3) Schedule 4 (powers exercisable by police civilians) is amended as follows—

(a) in paragraph 1, after sub-paragraph (2) insert—

“(2A) The reference to the powers mentioned in sub-paragraph (2)(a) does not include those powers so far as they relate to an offence under the provisions in the following list—

section 1 of the Theft Act 1968,

section 87 of the Environmental Protection Act 1990.”,

(b) in paragraph 15A (power to modify paragraph 1(2)(a)), for sub-paragraph (1) substitute—

“(1) The Secretary of State may by order amend paragraph 1(2A) so as to remove a provision from the list or add a provision to the list; but the list must contain only provisions mentioned in the first column of the Table in section 1(1) of the Criminal Justice and Police Act 2001.”,

and in the heading to paragraph 15A, for “1(2)(a)” substitute “ 1(2A) ”.

(4) Schedule 5 (powers exercisable by accredited persons) is amended as provided in subsections (5) and (6).

(5) In paragraph 1 (power to issue fixed penalty notices)—

(a) in sub-paragraph (2)(aa), omit “except in respect of an offence under section 12 of the Licensing Act 1872 or section 91 of the Criminal Justice Act 1967”,

(b) after sub-paragraph (2) insert—

“(2A) The reference to the powers mentioned in sub-paragraph (2)(aa) does not include those powers so far as they relate to an offence under the provisions in the following list—

section 12 of the Licensing Act 1872,

section 91 of the Criminal Justice Act 1967,

section 1 of the Theft Act 1968,

section 1(1) of the Criminal Damage Act 1971,

section 87 of the Environmental Protection Act 1990.”

(6) In paragraph 9A (power to modify paragraph 1(2)(aa)), for sub-paragraph (1) substitute—

“(1) The Secretary of State may by order amend paragraph 1(2A) so as to remove a provision from the list or add a provision to the list; but the list must contain only provisions mentioned in the first column of the Table in section 1(1) of the Criminal Justice and Police Act 2001.”,

and in the heading to paragraph 9A, for “1(2)(aa)” substitute “ 1(2A) ”.

(7) Schedules 8 and 9 to this Act, which provide for additional powers and duties for designated and accredited persons under the Police Reform Act 2002 (c. 30), have effect.

Commencement Information

I96 S. 122 in force at 1.7.2005 for specified purposes by S.I. 2005/1521, art. 3(1)(h)

I97 S. 122(1)-(6) in force at 1.8.2005 in so far as not already in force by S.I. 2005/2026, art. 2(d)

I98 S. 122(7) in force at 1.1.2006 for specified purposes by S.I. 2005/3495, art. 2(1)(q)

Provision of information for use by police staff U.K.

123 Provision of information for use by police staff U.K.

(1) In section 71 of the Criminal Justice and Court Services Act 2000 (c. 43) (access to driver licensing records), in subsection (4), after “In this section” insert “—

“constables” includes—

(a) persons employed by a police authority under section 15(1) of the Police Act 1996 who are under the direction and control of the chief officer of police of the police force maintained by that authority,

(b) persons employed by a police authority under section 9(1) of the Police (Scotland) Act 1967 who are under the direction and control of the chief constable of the police force maintained for the authority's area,

(c) police support staff (within the meaning of the Police (Northern Ireland) Act 2000), and

(d) persons employed by the British Transport Police Authority under section 27(1) of the Railways and Transport Safety Act 2003 who are under the direction and control of the Chief Constable of the British Transport Police Force”.

(2) In section 18 of the Vehicles (Crime) Act 2001 (c. 3) (register of registration plate suppliers), after subsection (8) insert—

“(9) In this section, “constables” includes—

(a) persons employed by a police authority under section 15(1) of the Police Act 1996 who are under the direction and control of the chief officer of police of the police force maintained by that authority,

(b) persons employed by a police authority under section 9(1) of the Police (Scotland) Act 1967 who are under the direction and control of the chief constable of the police force maintained for the authority's area, and

(c) persons employed by the British Transport Police Authority under section 27(1) of the Railways and Transport Safety Act 2003 who are under the direction and control of the Chief Constable of the British Transport Police Force.”.

F87 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87 S. 123(3) repealed (12.1.2009) by Policing and Crime Act 2009 (c. 26), s. 116(6)(b), Sch. 8 Pt. 13

Commencement Information

I99 S. 123 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(k)

Interpretation of Part 3 E+W

124 Interpretation of Part 3 E+W

In this Part, “PACE” means the Police and Criminal Evidence Act 1984 (c. 60).

Commencement Information

I100 S. 124 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(l)

Part 4 U.K. Public order and conduct in public places etc.

Harassment E+W

125 Harassment intended to deter lawful activities E+W

(1) The Protection from Harassment Act 1997 (c. 40) is amended as follows.

(2) In section 1 (prohibition of harassment)—

(a) after subsection (1) insert—

“(1A) A person must not pursue a course of conduct —

(a) which involves harassment of two or more persons, and

(b) which he knows or ought to know involves harassment of those persons, and

(c) by which he intends to persuade any person (whether or not one of those mentioned above)—

(i) not to do something that he is entitled or required to do, or

(ii) to do something that he is not under any obligation to do.”;

(b) in subsection (2), after “amounts to” insert “ or involves ” and after “amounted to” insert “ or involved ”;

(c) in subsection (3), after “Subsection (1)” insert “ or (1A) ”.

(3) In section 2(1) (offence of harassment) for “section 1” substitute “ section 1(1) or (1A) ”.

(4) In section 3(1) (civil remedy) for “section 1” substitute “ section 1(1) ”.

(5) After section 3 insert—

“3A Injunctions to protect persons from harassment within section 1(1A)

(1) This section applies where there is an actual or apprehended breach of section 1(1A) by any person (“the relevant person”).

(2) In such a case—

(a) any person who is or may be a victim of the course of conduct in question, or

(b) any person who is or may be a person falling within section 1(1A)(c),

may apply to the High Court or a county court for an injunction restraining the relevant person from pursuing any conduct which amounts to harassment in relation to any person or persons mentioned or described in the injunction.

(3) Section 3(3) to (9) apply in relation to an injunction granted under subsection (2) above as they apply in relation to an injunction granted as mentioned in section 3(3)(a).”

(6) In section 5(2) (restraining orders) after “victim” insert “ or victims ”.

(7) In section 7 (interpretation of sections 1 to 5)—

(a) for subsection (3) substitute—

“(3) A “course of conduct” must involve—

(a) in the case of conduct in relation to a single person (see section 1(1)), conduct on at least two occasions in relation to that person, or

(b) in the case of conduct in relation to two or more persons (see section 1(1A)), conduct on at least one occasion in relation to each of those persons.”; and

(b) after subsection (4) add—

“(5) References to a person, in the context of the harassment of a person, are references to a person who is an individual.”

Commencement Information

I101 S. 125 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(m)

126 Harassment etc. of a person in his home E+W

(1) After section 42 of the Criminal Justice and Police Act 2001 (c. 16) insert—

“42A Offence of harassment etc. of a person in his home

(1) A person commits an offence if—

(a) that person is present outside or in the vicinity of any premises that are used by any individual (“the resident”) as his dwelling;

(b) that person is present there for the purpose (by his presence or otherwise) of representing to the resident or another individual (whether or not one who uses the premises as his dwelling), or of persuading the resident or such another individual—

(i) that he should not do something that he is entitled or required to do; or

(ii) that he should do something that he is not under any obligation to do;

(c) that person—

(i) intends his presence to amount to the harassment of, or to cause alarm or distress to, the resident; or

(ii) knows or ought to know that his presence is likely to result in the harassment of, or to cause alarm or distress to, the resident; and

(d) the presence of that person—

(i) amounts to the harassment of, or causes alarm or distress to, any person falling within subsection (2); or

(ii) is likely to result in the harassment of, or to cause alarm or distress to, any such person.

(2) A person falls within this subsection if he is—

(a) the resident,

(b) a person in the resident's dwelling, or

(c) a person in another dwelling in the vicinity of the resident's dwelling.

(3) The references in subsection (1)(c) and (d) to a person's presence are references to his presence either alone or together with that of any other persons who are also present.

(4) For the purposes of this section a person (A) ought to know that his presence is likely to result in the harassment of, or to cause alarm or distress to, a resident if a reasonable person in possession of the same information would think that A's presence was likely to have that effect.

(5) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 4 on the standard scale, or to both.

(6) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the reference in subsection (5) to 51 weeks is to be read as a reference to 6 months.

(7) In this section “dwelling” has the same meaning as in Part 1 of the Public Order Act 1986.”

F88 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F89 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F88 S. 126(2) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8)(8), Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)(t)(u)(lxi)

F89 S. 126(3) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8)(8), Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)(t)(u)(lxi)

Commencement Information

I102 S. 126 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(m)

127 Harassment etc: police direction to stay away from person's home E+W

(1) Section 42 of the Criminal Justice and Police Act 2001 (c. 16) (police directions stopping harassment of a person in his home) is amended as follows.

(2) For subsection (4) substitute—

“(4) The requirements that may be imposed by a direction under this section include—

(a) a requirement to leave the vicinity of the premises in question, and

(b) a requirement to leave that vicinity and not to return to it within such period as the constable may specify, not being longer than 3 months;

and (in either case) the requirement to leave the vicinity may be to do so immediately or after a specified period of time.”

(3) In subsection (7), for “contravenes a direction given to him under this section” substitute “ fails to comply with a requirement in a direction given to him under this section (other than a requirement under subsection (4)(b)) ”.

(4) After subsection (7) insert—

“(7A) Any person to whom a constable has given a direction including a requirement under subsection (4)(b) commits an offence if he—

(a) returns to the vicinity of the premises in question within the period specified in the direction beginning with the date on which the direction is given; and

(b) does so for the purpose described in subsection (1)(b).

(7B) A person guilty of an offence under subsection (7A) shall be liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 4 on the standard scale, or to both.

(7C) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the reference in subsection (7B) to 51 weeks is to be read as a reference to 6 months.”

Commencement Information

I103 S. 127 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(m)

Trespass on designated site U.K.

128 Offence of trespassing on designated site E+W+N.I.

(1) A person commits an offence if he enters, or is on, any [F90 protected] site in England and Wales or Northern Ireland as a trespasser.

[F91 (1A) In this section “protected site” means—

(a) a nuclear site; or

(b) a designated site.

(1B) In this section “nuclear site” means—

(a) so much of any premises in respect of which a nuclear site licence (within the meaning of the Nuclear Installations Act 1965) is for the time being in force as lies within the outer perimeter of the protection provided for those premises; and

(b) so much of any other premises of which premises falling within paragraph (a) form a part as lies within that outer perimeter.

(1C) For this purpose—

(a) the outer perimeter of the protection provided for any premises is the line of the outermost fences, walls or other obstacles provided or relied on for protecting those premises from intruders; and

(b) that line shall be determined on the assumption that every gate, door or other barrier across a way through a fence, wall or other obstacle is closed.]

(2) A “designated site” means a site—

(a) specified or described (in any way) in an order made by the Secretary of State, and

(b) designated for the purposes of this section by the order.

(3) The Secretary of State may only designate a site for the purposes of this section if—

(a) it is comprised in Crown land; or

(b) it is comprised in land belonging to Her Majesty in Her private capacity or to the immediate heir to the Throne in his private capacity; or

(c) it appears to the Secretary of State that it is appropriate to designate the site in the interests of national security.

(4) It is a defence for a person charged with an offence under this section to prove that he did not know, and had no reasonable cause to suspect, that the site in relation to which the offence is alleged to have been committed was a [F92 protected] site.

(5) A person guilty of an offence under this section is liable on summary conviction—

(a) to imprisonment for a term not exceeding 51 weeks, or

(b) to a fine not exceeding level 5 on the standard scale,

or to both.

(6) No proceedings for an offence under this section may be instituted against any person—

(a) in England and Wales, except by or with the consent of the Attorney General, or

(b) in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland.

(7) For the purposes of this section a person who is on any [F93 protected] site as a trespasser does not cease to be a trespasser by virtue of being allowed time to leave the site.

(8) In this section—

(a) “site” means the whole or part of any building or buildings, or any land, or both;

(b) “Crown land” means land in which there is a Crown interest or a Duchy interest.

(9) For this purpose—

• “Crown interest” means an interest belonging to Her Majesty in right of the Crown, and

• “Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall.

(10) In the application of this section to Northern Ireland, the reference to 51 weeks in subsection (5)(a) is to be read as a reference to 6 months.

Textual Amendments

F90 Word in s. 128(1) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 12(2), 39(2); S.I. 2006/1013, art. 2(2)(a)

F91 S. 128(1A)-(1C) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 12(3), 39(2); S.I. 2006/1013, art. 2(2)(a)

F92 Word in s. 128(4) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 12(2), 39(2); S.I. 2006/1013, art. 2(2)(a)

F93 Word in s. 128(7) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 12(2), 39(2); S.I. 2006/1013, art. 2(2)(a)

Modifications etc. (not altering text)

C8 S. 128 extended (N.I.) (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 130(2), 178(8); S.I. 2005/1521, art. 3(1)(n)

Commencement Information

I104 S. 128 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(n)

129 Corresponding Scottish offence S

(1) A person commits an offence if he enters, or is on, any [F94 protected] Scottish site without lawful authority.

[F95 (1A) In this section ‘protected Scottish site’ means—

(a) a nuclear site in Scotland; or

(b) a designated Scottish site.

(1B) In this section ‘nuclear site’ means—

(a) so much of any premises in respect of which a nuclear site licence (within the meaning of the Nuclear Installations Act 1965) is for the time being in force as lies within the outer perimeter of the protection provided for those premises; and

(b) so much of any other premises of which premises falling within paragraph (a) form a part as lies within that outer perimeter.

(1C) For this purpose—

(a) the outer perimeter of the protection provided for any premises is the line of the outermost fences, walls or other obstacles provided or relied on for protecting those premises from intruders; and

(b) that line shall be determined on the assumption that every gate, door or other barrier across a way through a fence, wall or other obstacle is closed.]

(2) A “designated Scottish site” means a site in Scotland—

(a) specified or described (in any way) in an order made by the Secretary of State, and

(b) designated for the purposes of this section by the order.

(3) The Secretary of State may only designate a site for the purposes of this section if it appears to him that it is appropriate to designate the site in the interests of national security.

(4) It is a defence for a person charged with an offence under this section to prove that he did not know, and had no reasonable cause to suspect, that the site in relation to which the offence is alleged to have been committed was a [F96 protected] Scottish site.

(5) A person guilty of an offence under this section is liable on summary conviction—

(a) to imprisonment for a term not exceeding 12 months, or

(b) to a fine not exceeding level 5 on the standard scale,

or to both.

(6) For the purposes of subsection (1), a person who is on any [F97 protected] Scottish site without lawful authority does not acquire lawful authority by virtue of being allowed time to leave the site.

(7) In this section “site” means the whole or part of any building or buildings, or any land, or both.

Textual Amendments

F94 Word in s. 129(1) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 12(2), 39(2); S.I. 2006/1013, art. 2(2)(a)

F95 S. 129(1A)-(1C) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 12(4), 39(2); S.I. 2006/1013, art. 2(2)(a)

F96 Word in s. 129(4) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 12(2), 39(2); S.I. 2006/1013, art. 2(2)(a)

F97 Word in s. 129(6) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 12(2), 39(2); S.I. 2006/1013, art. 2(2)(a)

Commencement Information

I105 S. 129 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(n)

130 Designated sites: powers of arrest U.K.

F98 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) An offence under section 128 is to be treated as an arrestable offence for the purposes of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

(3) A constable in uniform may, in Scotland, arrest without warrant any person he reasonably suspects is committing or has committed an offence under section 129.

Textual Amendments

F98 S. 130(1) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8)(8), Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)(t)(u)(lxi)

Commencement Information

I106 S. 130 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(n)

131 Designated sites: access U.K.

(1) The following provisions do not apply to land in respect of which a designation order is in force—

(a) section 2(1) of the Countryside and Rights of Way Act 2000 (c. 37) (rights of public in relation to access land),

(b) Part III of the Countryside (Northern Ireland) Order 1983 (S.I. 1983/1895 (N.I. 18)) (access to open country), and

(c) section 1 of the Land Reform (Scotland) Act 2003 (asp 2) (access rights).

(2) The Secretary of State may take such steps as he considers appropriate to inform the public of the effect of any designation order, including, in particular, displaying notices on or near the site to which the order relates.

(3) But the Secretary of State may only—

(a) display any such notice, or

(b) take any other steps under subsection (2),

in or on any building or land, if the appropriate person consents.

(4) The “appropriate person” is—

(a) a person appearing to the Secretary of State to have a sufficient interest in the building or land to consent to the notice being displayed or the steps being taken, or

(b) a person acting on behalf of such a person.

(5) In this section a “designation order” means—

(a) in relation to England and Wales or Northern Ireland, an order under section 128, or

(b) in relation to Scotland, an order under section 129.

Commencement Information

I107 S. 131 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(n)

Demonstrations in vicinity of Parliament E+W

F99 132 Demonstrating without authorisation in designated area E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F99 Ss. 132-138 repealed (19.12.2011 for the purpose of the repeal of s. 137 only, 30.3.2012 in so far as not already in force) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 141(1), 157(1) (with ss. 141(2), 149(3)); S.I. 2011/2834, arts. 2(a), 3

F99 133 Notice of demonstrations in designated area E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F99 Ss. 132-138 repealed (19.12.2011 for the purpose of the repeal of s. 137 only, 30.3.2012 in so far as not already in force) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 141(1), 157(1) (with ss. 141(2), 149(3)); S.I. 2011/2834, arts. 2(a), 3

F99 134 Authorisation of demonstrations in designated area E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F99 Ss. 132-138 repealed (19.12.2011 for the purpose of the repeal of s. 137 only, 30.3.2012 in so far as not already in force) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 141(1), 157(1) (with ss. 141(2), 149(3)); S.I. 2011/2834, arts. 2(a), 3

F99 135 Supplementary directions E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F99 Ss. 132-138 repealed (19.12.2011 for the purpose of the repeal of s. 137 only, 30.3.2012 in so far as not already in force) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 141(1), 157(1) (with ss. 141(2), 149(3)); S.I. 2011/2834, arts. 2(a), 3

F99 136 Offences under sections 132 to 135: penalties E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F99 Ss. 132-138 repealed (19.12.2011 for the purpose of the repeal of s. 137 only, 30.3.2012 in so far as not already in force) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 141(1), 157(1) (with ss. 141(2), 149(3)); S.I. 2011/2834, arts. 2(a), 3

F99 137 Loudspeakers in designated area E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F99 Ss. 132-138 repealed (19.12.2011 for the purpose of the repeal of s. 137 only, 30.3.2012 in so far as not already in force) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 141(1), 157(1) (with ss. 141(2), 149(3)); S.I. 2011/2834, arts. 2(a), 3

F99 138 The designated area E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F99 Ss. 132-138 repealed (19.12.2011 for the purpose of the repeal of s. 137 only, 30.3.2012 in so far as not already in force) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 141(1), 157(1) (with ss. 141(2), 149(3)); S.I. 2011/2834, arts. 2(a), 3

Anti-social behaviour E+W

139 Orders about anti-social behaviour etc. E+W

F100 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In section 14A of the Football Spectators Act 1989 (c. 37) (banning orders on conviction of an offence), after subsection (4) insert—

“(4A) The court may adjourn any proceedings in relation to an order under this section even after sentencing the offender.

(4B) If the offender does not appear for any adjourned proceedings, the court may further adjourn the proceedings or may issue a warrant for his arrest.

(4C) But the court may not issue a warrant for the offender's arrest unless it is satisfied that he has had adequate notice of the time and place of the adjourned proceedings.”

Textual Amendments

F100 S. 139(1)-(9) repealed (23.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 50 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(f)(xii)

Commencement Information

I108 S. 139 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(s)

140 Variation and discharge of anti-social behaviour orders made on conviction E+W

F101 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F101 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F101 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F101 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In section 3 of the Prosecution of Offences Act 1985 (c. 23) (functions of the Director of Public Prosecutions), in subsection (2), after paragraph (fa) insert—

“(fb) where it appears to him appropriate to do so, to have the conduct of applications under section 1CA(3) of the Crime and Disorder Act 1998 for the variation or discharge of orders made under section 1C of that Act;

(fc) where it appears to him appropriate to do so, to appear on any application under section 1CA of that Act made by a person subject to an order under section 1C of that Act for the variation or discharge of the order.”

Textual Amendments

F101 S. 140(1)-(4) repealed (23.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 50 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(f)(xii)

Commencement Information

I109 S. 140 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(s)

F102 141 Anti-social behaviour orders etc: reporting restrictions E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F102 Ss. 141-143 repealed (23.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 50 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(f)(xii)

F102 142 Contracting out of local authority functions relating to anti-social behaviour orders E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F102 Ss. 141-143 repealed (23.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 50 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(f)(xii)

F102 143 Special measures for witnesses in proceedings for anti-social behaviour orders etc. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F102 Ss. 141-143 repealed (23.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 50 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(f)(xii)

Parental compensation orders E+W+N.I.

144 Parental compensation orders E+W+N.I.

Schedule 10 is to have effect.

Commencement Information

I110 S. 144 in force at 20.7.2006 for specified purposes by S.I. 2006/1871, art. 2

Part 5 U.K. Miscellaneous

Protection of activities of certain organisations E+W

145 Interference with contractual relationships so as to harm animal research organisation E+W

(1) A person (A) commits an offence if, with the intention of harming an animal research organisation, he—

(a) does a relevant act, or

(b) threatens that he or somebody else will do a relevant act,

in circumstances in which that act or threat is intended or likely to cause a second person (B) to take any of the steps in subsection (2).

(2) The steps are—

(a) not to perform any contractual obligation owed by B to a third person (C) (whether or not such non-performance amounts to a breach of contract);

(b) to terminate any contract B has with C;

(c) not to enter into a contract with C.

(3) For the purposes of this section, a “relevant act” is—

(a) an act amounting to a criminal offence, or

(b) a tortious act causing B to suffer loss or damage of any description;

but paragraph (b) does not include an act which is actionable on the ground only that it induces another person to break a contract with B.

(4) For the purposes of this section, “contract” includes any other arrangement (and “contractual” is to be read accordingly).

(5) For the purposes of this section, to “harm” an animal research organisation means—

(a) to cause the organisation to suffer loss or damage of any description, or

(b) to prevent or hinder the carrying out by the organisation of any of its activities.

(6) This section does not apply to any act done wholly or mainly in contemplation or furtherance of a trade dispute.

(7) In subsection (6) “trade dispute” has the same meaning as in Part 4 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), except that section 218 of that Act shall be read as if—

(a) it made provision corresponding to section 244(4) of that Act, and

(b) in subsection (5), the definition of “worker” included any person falling within paragraph (b) of the definition of “worker” in section 244(5).

Commencement Information

I111 S. 145 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(t)

146 Intimidation of persons connected with animal research organisation E+W

(1) A person (A) commits an offence if, with the intention of causing a second person (B) to abstain from doing something which B is entitled to do (or to do something which B is entitled to abstain from doing)—

(a) A threatens B that A or somebody else will do a relevant act, and

(b) A does so wholly or mainly because B is a person falling within subsection (2).

(2) A person falls within this subsection if he is—

(a) an employee or officer of an animal research organisation;

(b) a student at an educational establishment that is an animal research organisation;

(c) a lessor or licensor of any premises occupied by an animal research organisation;

(d) a person with a financial interest in, or who provides financial assistance to, an animal research organisation;

(e) a customer or supplier of an animal research organisation;

(f) a person who is contemplating becoming someone within paragraph (c), (d) or (e);

(g) a person who is, or is contemplating becoming, a customer or supplier of someone within paragraph (c), (d), (e) or (f);

(h) an employee or officer of someone within paragraph (c), (d), (e), (f) or (g);

(i) a person with a financial interest in, or who provides financial assistance to, someone within paragraph (c), (d), (e), (f) or (g);

(j) a spouse, civil partner, friend or relative of, or a person who is known personally to, someone within any of paragraphs (a) to (i);

(k) a person who is, or is contemplating becoming, a customer or supplier of someone within paragraph (a), (b), (h), (i) or (j); or

(l) an employer of someone within paragraph (j).

(3) For the purposes of this section, an “officer” of an animal research organisation or a person includes—

(a) where the organisation or person is a body corporate, a director, manager or secretary;

(b) where the organisation or person is a charity, a [F103 charity trustee (within the meaning of the Charities Act 2011)];

(c) where the organisation or person is a partnership, a partner.

(4) For the purposes of this section—

(a) a person is a customer or supplier of another person if he purchases goods, services or facilities from, or (as the case may be) supplies goods, services or facilities to, that other; and

(b) “supplier” includes a person who supplies services in pursuance of any enactment that requires or authorises such services to be provided.

(5) For the purposes of this section, a “relevant act” is—

(a) an act amounting to a criminal offence, or

(b) a tortious act causing B or another person to suffer loss or damage of any description.

(6) The Secretary of State may by order amend this section so as to include within subsection (2) any description of persons framed by reference to their connection with—

(a) an animal research organisation, or

(b) any description of persons for the time being mentioned in that subsection.

(7) This section does not apply to any act done wholly or mainly in contemplation or furtherance of a trade dispute.

(8) In subsection (7) “trade dispute” has the meaning given by section 145(7).

Textual Amendments

F103 Words in s. 146(3)(b) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 103 (with s. 20(2), Sch. 8)

Commencement Information

I112 S. 146 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(t)

147 Penalty for offences under sections 145 and 146 E+W

(1) A person guilty of an offence under section 145 or 146 is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

(2) No proceedings for an offence under either of those sections may be instituted except by or with the consent of the Director of Public Prosecutions.

Commencement Information

I113 S. 147 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(t)

148 Animal research organisations E+W

(1) For the purposes of sections 145 and 146 “animal research organisation” means any person or organisation falling within subsection [F104 (1A),] (2) or (3).

[F105 (1A) A person or organisation falls within this subsection if the person or organisation holds a licence granted under section 2C of the 1986 Act (licensing of undertakings involving the use of animals for scientific procedures).]

(2) A person or organisation falls within this subsection if he or it is the owner, lessee or licensee of premises constituting or [F106 including a place specified in a licence granted under that section or under section 5 of the 1986 Act (licensing of projects involving the use of animals for scientific procedures).]

(3) A person or organisation falls within this subsection if he or it employs, or engages under a contract for services, any of the following in his capacity as such—

[F107 (za) the holder of a licence granted under section 2C of the 1986 Act,

(zb) a person specified under section 2C(5) of that Act,]

(a) the holder of a personal licence granted under section 4 of the 1986 Act, [F108 or]

(b) the holder of a project licence granted under section 5 of that Act,

F109 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F109 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Secretary of State may by order amend this section so as to include a reference to any description of persons whom he considers to be involved in, or to have a direct connection with persons who are involved in, the application of regulated procedures.

(5) In this section—

• “the 1986 Act” means the Animals (Scientific Procedures) Act 1986 (c. 14);

• “organisation” includes any institution, trust, undertaking or association of persons;

• “premises” includes any place within the meaning of the 1986 Act;

• “regulated procedures” has the meaning given by section 2 of the 1986 Act.

Textual Amendments

F104 Word in s. 148(1) inserted (1.1.2013) by The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 (S.I. 2012/3039), regs. 1(2), 28(2) (with Sch. 3)

F105 S. 148(1A) inserted (1.1.2013) by The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 (S.I. 2012/3039), regs. 1(2), 28(3) (with Sch. 3)

F106 Words in s. 148(2) substituted (1.1.2013) by The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 (S.I. 2012/3039), regs. 1(2), 28(4) (with Sch. 3)

F107 S. 148(3)(za)(zb) inserted (1.1.2013) by The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 (S.I. 2012/3039), regs. 1(2), 28(5)(a) (with Sch. 3)

F108 Word in s. 148(3)(a) inserted (1.1.2013) by The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 (S.I. 2012/3039), regs. 1(2), 28(5)(b) (with Sch. 3)

F109 S. 148(3)(c)(d) omitted (1.1.2013) by virtue of The Animals (Scientific Procedures) Act 1986 Amendment Regulations 2012 (S.I. 2012/3039), regs. 1(2), 28(5)(c) (with Sch. 3)

Commencement Information

I114 S. 148 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(t)

149 Extension of sections 145 to 147 E+W

(1) The Secretary of State may by order provide for sections 145, 146 and 147 to apply in relation to persons or organisations of a description specified in the order as they apply in relation to animal research organisations.

(2) The Secretary of State may, however, only make an order under this section if satisfied that a series of acts has taken place and—

(a) that those acts were directed at persons or organisations of the description specified in the order or at persons having a connection with them, and

(b) that, if those persons or organisations had been animal research organisations, those acts would have constituted offences under section 145 or 146.

(3) In this section “organisation” and “animal research organisation” have the meanings given by section 148.

Commencement Information

I115 S. 149 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(t)

Vehicle registration and insurance and road traffic offences U.K.

150 Offence in respect of incorrectly registered vehicles U.K.

(1) After section 43B of the Vehicle Excise and Registration Act 1994 (c. 22) insert—

“Offence in respect of incorrectly registered vehicles U.K.

43C Offence of using an incorrectly registered vehicle

(1) A person is guilty of an offence if, on a public road or in a public place, he uses a vehicle to which subsection (2) applies and in respect of which—

(a) the name and address of the keeper are not recorded in the register, or

(b) any of the particulars recorded in the register are incorrect.

(2) This subsection applies to a vehicle if—

(a) vehicle excise duty is chargeable in respect of it, or

(b) it is an exempt vehicle in respect of which regulations under this Act require a nil licence to be in force.

(3) It is a defence for a person charged with an offence under subsection (1) to show (as the case may be)—

(a) that there was no reasonable opportunity, before the material time, to furnish the name and address of the keeper of the vehicle, or

(b) that there was no reasonable opportunity, before the material time, to furnish particulars correcting the incorrect particulars.

(4) It is also a defence for a person charged with an offence under subsection (1) to show—

(a) that he had reasonable grounds for believing, or that it was reasonable for him to expect, that the name and address of the keeper or the other particulars of registration (as the case may be) were correctly recorded in the register, or

(b) that any exception prescribed in regulations under this section is met.

(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) The Secretary of State may make regulations prescribing, varying or revoking exceptions for the purposes of subsection (4)(b).

(7) In this section—

• “keeper”, in relation to a vehicle, means the person by whom it is kept at the material time;

• “the register” means the register kept by the Secretary of State under Part 2.”

(2) In Schedule 3 to the Road Traffic Offenders Act 1988 (c. 53) (fixed penalty offences) after the entry relating to section 43 of the Vehicle Excise and Registration Act 1994 insert—

“Section 43C of that Act

Using an incorrectly registered vehicle.”

Commencement Information

I116 S. 150 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(u)

151 Power of constables etc. to require production of registration documents in respect of a vehicle U.K.

After section 28 of the Vehicle Excise and Registration Act 1994 (c. 22) insert—

“Power of constables etc. to require production of documents U.K.

28A Power of constables etc. to require production of registration documents

(1) A person using a vehicle in respect of which a registration document has been issued must produce the document for inspection on being so required by—

(a) a constable, or

(b) a person authorised by the Secretary of State for the purposes of this section (an “authorised person”).

(2) An authorised person exercising the power conferred by subsection (1) must, if so requested, produce evidence of his authority to exercise the power.

(3) A person is guilty of an offence if he fails to comply with subsection (1).

(4) Subsection (3) does not apply if any of the following conditions is satisfied.

(5) The first condition is that—

(a) the person produces the registration document, in person, at a police station specified by him at the time of the request, and

(b) he does so within 7 days after the date on which the request was made or as soon as is reasonably practicable.

(6) The second condition is that—

(a) the vehicle is subject to a lease or hire agreement,

(b) the vehicle is not registered in the name of the lessee or hirer under that agreement and is not required to be so registered,

(c) the person produces appropriate evidence of the agreement to the constable or authorised person at the time of the request or he produces such evidence in person, at a police station specified by him at the time of the request—

(i) within 7 days after the date of the request, or

(ii) as soon as is reasonably practicable, and

(d) the person has reasonable grounds for believing, or it is reasonable for him to expect, that the person from whom the vehicle has been leased or hired is able to produce, or require the production of, the registration document.

(7) In subsection (6)(c) “appropriate evidence” means—

(a) a copy of the agreement, or

(b) such other documentary evidence of the agreement as is prescribed in regulations under this section.

(8) The third condition is that any exception prescribed in regulations under this section is met.

(9) Where a requirement is imposed under subsection (1) by an authorised person, a testing station provided under section 52(2) of the Road Traffic Act 1988 may be specified under subsection (5)(a) or (6)(c) instead of a police station.

(10) A person accused of an offence under this section is not entitled to the benefit of an exception conferred by or under this section unless evidence is adduced that is sufficient to raise an issue with respect to that exception, but where evidence is so adduced it is for the prosecution to prove beyond reasonable doubt that the exception does not apply.

(11) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(12) The Secretary of State may make regulations—

(a) prescribing descriptions of evidence for the purposes of subsection (7);

(b) prescribing, varying or revoking exceptions for the purposes of subsection (8).

(13) In this section “registration document” means a registration document issued in accordance with regulations under section 22(1)(e).”

Commencement Information

I117 S. 151 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(u)

152 Power to seize etc. vehicles driven without licence or insurance E+W+S

After section 165 of the Road Traffic Act 1988 (c. 52) insert—

“165A Power to seize vehicles driven without licence or insurance

(1) Subsection (5) applies if any of the following conditions is satisfied.

(2) The first condition is that—

(a) a constable in uniform requires, under section 164, a person to produce his licence and its counterpart for examination,

(b) the person fails to produce them, and

(c) the constable has reasonable grounds for believing that a motor vehicle is or was being driven by the person in contravention of section 87(1).

(3) The second condition is that—

(a) a constable in uniform requires, under section 165, a person to produce evidence that a motor vehicle is not or was not being driven in contravention of section 143,

(b) the person fails to produce such evidence, and

(c) the constable has reasonable grounds for believing that the vehicle is or was being so driven.

(4) The third condition is that—

(a) a constable in uniform requires, under section 163, a person driving a motor vehicle to stop the vehicle,

(b) the person fails to stop the vehicle, or to stop the vehicle long enough, for the constable to make such lawful enquiries as he considers appropriate, and

(c) the constable has reasonable grounds for believing that the vehicle is or was being driven in contravention of section 87(1) or 143.

(5) Where this subsection applies, the constable may—

(a) seize the vehicle in accordance with subsections (6) and (7) and remove it;

(b) enter, for the purpose of exercising a power falling within paragraph (a), any premises (other than a private dwelling house) on which he has reasonable grounds for believing the vehicle to be;

(c) use reasonable force, if necessary, in the exercise of any power conferred by paragraph (a) or (b).

(6) Before seizing the motor vehicle, the constable must warn the person by whom it appears that the vehicle is or was being driven in contravention of section 87(1) or 143 that he will seize it—

(a) in a section 87(1) case, if the person does not produce his licence and its counterpart immediately;

(b) in a section 143 case, if the person does not provide him immediately with evidence that the vehicle is not or was not being driven in contravention of that section.

But the constable is not required to give such a warning if the circumstances make it impracticable for him to do so.

(7) If the constable is unable to seize the vehicle immediately because the person driving the vehicle has failed to stop as requested or has driven off, he may seize it at any time within the period of 24 hours beginning with the time at which the condition in question is first satisfied.

(8) The powers conferred on a constable by this section are exercisable only at a time when regulations under section 165B are in force.

(9) In this section—

(a) a reference to a motor vehicle does not include an invalid carriage;

(b) a reference to evidence that a motor vehicle is not or was not being driven in contravention of section 143 is a reference to a document or other evidence within section 165(2)(a);

(c) “counterpart” and “licence” have the same meanings as in section 164;

(d) “private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.

165B Retention etc. of vehicles seized under section 165A

(1) The Secretary of State may by regulations make provision as to—

(a) the removal and retention of motor vehicles seized under section 165A; and

(b) the release or disposal of such motor vehicles.

(2) Regulations under subsection (1) may, in particular, make provision—

(a) for the giving of notice of the seizure of a motor vehicle under section 165A to a person who is the registered keeper, the owner or the driver of that vehicle;

(b) for the procedure by which a person who claims to be the registered keeper or the owner of a motor vehicle seized under section 165A may seek to have it released;

(c) for requiring the payment, by the registered keeper, owner or driver of the vehicle, of fees, charges or costs in relation to the removal and retention of such a motor vehicle and to any application for its release;

(d) as to the circumstances in which a motor vehicle seized under section 165A may be disposed of;

(e) as to the destination—

(i) of any fees or charges payable in accordance with the regulations;

(ii) of the proceeds (if any) arising from the disposal of a motor vehicle seized under section 165A;

(f) for the delivery to a local authority, in circumstances prescribed by or determined in accordance with the regulations, of any motor vehicle seized under section 165A.

(3) Regulations under subsection (1) must provide that a person who would otherwise be liable to pay any fee or charge under the regulations is not liable to pay it if—

(a) he was not driving the motor vehicle at the time in question, and

(b) he did not know that the vehicle was being driven at that time, had not consented to its being driven and could not, by the taking of reasonable steps, have prevented it from being driven.

(4) Regulations under subsection (1) may make different provision for different cases.

(5) In this section—

• “local authority”—

  (a)

  in relation to England, means—

  (i)

  a county council,

  (ii)

  the council of a district comprised in an area for which there is no county council,

  (iii)

  a London borough council,

  (iv)

  the Common Council of the City of London, or

  (v)

  Transport for London;

  (b)

  in relation to Wales, means the council of a county or county borough; and

  (c)

  in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

• “registered keeper”, in relation to a motor vehicle, means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994.”

Commencement Information

I118 S. 152 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(u)

153 Disclosure of information about insurance status of vehicles E+W+S

(1) The Secretary of State may by regulations make provision for and in connection with requiring MIIC to make available relevant vehicle insurance information to [F110 the Secretary of State for processing] with a view to making the processed information available for use by constables.

(2) “Relevant vehicle insurance information” means information relating to vehicles the use of which has been (but no longer is) insured under a policy of insurance, or security in respect of third party risks, complying with the requirements of Part 6 of the Road Traffic Act 1988 (c. 52).

(3) The regulations may in particular—

(a) require all relevant vehicle insurance information or any particular description of such information to be made available to [F111 the Secretary of State],

(b) determine the purposes for which information processed from such information by [F111 the Secretary of State] may be made available for use by constables, and

(c) determine the circumstances in which any of the processed information which has been made available for use by constables may be further disclosed by them.

(4) In this section—

• “information” means information held in any form,

• “MIIC” means the Motor Insurers' Information Centre (a company limited by guarantee and incorporated under the Companies Act 1985 (c. 6) on 8th December 1998), and

• F112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F110 Words in s. 153(1) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 161(2); S.I. 2013/1682, art. 3(v)

F111 Words in s. 153(3)(a)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 161(3); S.I. 2013/1682, art. 3(v)

F112 Words in s. 153(4) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 161(4); S.I. 2013/1682, art. 3(v)

Commencement Information

I119 S. 153 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(u)

154 Power to require specimens of breath at roadside or at hospital etc. E+W

(1) Section 6D of the Road Traffic Act 1988 (preliminary tests for drink and drugs: arrest) is amended as follows.

(2) After subsection (1) insert—

“(1A) The fact that specimens of breath have been provided under section 7 of this Act by the person concerned does not prevent subsection (1) above having effect if the constable who imposed on him the requirement to provide the specimens has reasonable cause to believe that the device used to analyse the specimens has not produced a reliable indication of the proportion of alcohol in the breath of the person.”

(3) After subsection (2) insert—

“(2A) A person arrested under this section may, instead of being taken to a police station, be detained at or near the place where the preliminary test was, or would have been, administered, with a view to imposing on him there a requirement under section 7 of this Act.”

(4) Section 7 of that Act (provision of specimens for analysis) is amended as follows.

(5) For subsection (2) substitute—

“(2) A requirement under this section to provide specimens of breath can only be made—

(a) at a police station,

(b) at a hospital, or

(c) at or near a place where a relevant breath test has been administered to the person concerned or would have been so administered but for his failure to co-operate with it.

(2A) For the purposes of this section “a relevant breath test” is a procedure involving the provision by the person concerned of a specimen of breath to be used for the purpose of obtaining an indication whether the proportion of alcohol in his breath or blood is likely to exceed the prescribed limit.

(2B) A requirement under this section to provide specimens of breath may not be made at or near a place mentioned in subsection (2)(c) above unless the constable making it—

(a) is in uniform, or

(b) has imposed a requirement on the person concerned to co-operate with a relevant breath test in circumstances in which section 6(5) of this Act applies.

(2C) Where a constable has imposed a requirement on the person concerned to co-operate with a relevant breath test at any place, he is entitled to remain at or near that place in order to impose on him there a requirement under this section.

(2D) If a requirement under subsection (1)(a) above has been made at a place other than at a police station, such a requirement may subsequently be made at a police station if (but only if)—

(a) a device or a reliable device of the type mentioned in subsection (1)(a) above was not available at that place or it was for any other reason not practicable to use such a device there, or

(b) the constable who made the previous requirement has reasonable cause to believe that the device used there has not produced a reliable indication of the proportion of alcohol in the breath of the person concerned.”

(6) In subsection (3) (circumstances in which requirement to provide a specimen of blood or urine may be made)—

(a) in paragraph (b) (breath-testing device not available etc.) insert at the beginning “ specimens of breath have not been provided elsewhere and ”, and

(b) in paragraph (bb) (police station breath-testing device has not provided a reliable indication of alcohol level) for “at the police station” substitute “ (at the police station or elsewhere) ”.

(7) In section 8 of that Act (choice of specimens of breath) after subsection (2) insert—

“(2A) If the person who makes a claim under subsection (2) above was required to provide specimens of breath under section 7 of this Act at or near a place mentioned in subsection (2)(c) of that section, a constable may arrest him without warrant.”

(8) In section 9(1) of that Act (protection for hospital patients) for “for a laboratory test” substitute “ under section 7 of this Act ”.

(9) Section 10 of that Act (detention of persons affected by alcohol or a drug) is amended as follows.

(10) In subsection (1) (detention at a police station)—

(a) for “until it appears to the constable” substitute “ (or, if the specimen was provided otherwise than at a police station, arrested and taken to and detained at a police station) if a constable has reasonable grounds for believing ”, and

(b) for “not be committing” substitute “ commit ”.

(11) In subsection (2) (grounds for detention) for “A person shall not be detained in pursuance of this section if it appears to a” substitute “ Subsection (1) above does not apply to the person if it ought reasonably to appear to the ”.

(12) After that subsection insert—

“(2A) A person who is at a hospital as a patient shall not be arrested and taken from there to a police station in pursuance of this section if it would be prejudicial to his proper care and treatment as a patient.”

Commencement Information

I120 S. 154 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(u)

155 Payments by Secretary of State to [F113 local policing body] in relation to the prevention, detection and enforcement of certain traffic offences E+W

(1) The Secretary of State may make payments in respect of the whole or any part of the expenditure of a [F114 local policing body] in relation to—

(a) the prevention and detection of offences to which subsection (3) applies, or

(b) any enforcement action or proceedings in respect of such offences or any alleged such offences.

(2) Payments under this section shall be made at such times, in such manner and subject to such conditions as the Secretary of State may determine.

(3) This subsection applies to offences committed in England and Wales under the following provisions—

Road Traffic Act 1988 (c. 52)

section 14 (requirements regarding seat belts: adults);

section 15(2) and (4) (restriction on carrying children not wearing seat belts in motor vehicles);

section 42 (motor vehicles and trailers: other construction and use requirements) in relation to the construction and use requirements imposed by the following regulations—

• (a) regulations 54, 57, 104 and 110 of the Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078);

• (b) regulations 11(1) and 25 of the Road Vehicles Lighting Regulations 1989 (S.I. 1989/1796);

section 87(1) (drivers of motor vehicles to have driving licences);

section 47 (obligatory test certificates for motor vehicles);

section 143 (users of motor vehicles to be insured or secured against third-party risks);

section 163 (power of police to stop vehicles);

section 172 (duty to give information as to the identity of driver etc. in certain circumstances);

Vehicle Excise and Registration Act 1994 (c. 22)

section 33 (not exhibiting vehicle licence);

section 42 (not fixing registration mark);

section 43 (obscured registration mark);

section 43C (using an incorrectly registered vehicle);

section 59 (regulations: offences) in relation to the requirements imposed by regulation 11 of the Road Vehicles (Display of Registration Marks) Regulations 2001 (S.I. 2001/561).

(4) The Secretary of State may by order amend the list of offences in subsection (3) so as to add, modify or omit any entry.

(5) In subsection (3) “construction and use requirements” has the meaning given by section 41(7) of the Road Traffic Act 1988 (c. 52).

Textual Amendments

F113 Words in s. 155 title substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 349(2); S.I. 2011/3019, art. 3, Sch. 1

F114 Words in s. 155(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 349(3); S.I. 2011/3019, art. 3, Sch. 1

Commencement Information

I121 S. 155 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(u)

156 Payments by Scottish Ministers to [F115 Scottish Police Authority] in relation to the prevention, detection and enforcement of certain traffic offences E+W+S

(1) The Scottish Ministers may make payments in respect of the whole or any part of the expenditure of [F116 the Scottish Police Authority] in relation to—

(a) the prevention and detection of offences to which subsection (3) applies, or

(b) any enforcement action or proceedings in respect of such offences or any alleged such offences.

(2) Payments under this section shall be made at such times, in such manner and subject to such conditions as the Scottish Ministers may determine.

(3) This subsection applies to offences committed in Scotland under the following provisions—

Road Traffic Act 1988 (c. 52)

section 14 (requirements regarding seat belts: adults);

section 15(2) and (4) (restriction on carrying children not wearing seat belts in motor vehicles);

section 42 (motor vehicles and trailers: other construction and use requirements) in relation to the construction and use requirements imposed by the following regulations—

• (a) regulations 54, 57, 104 and 110 of the Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078);

• (b) regulations 11(1) and 25 of the Road Vehicles Lighting Regulations 1989 (S.I. 1989/1796);

section 47 (obligatory test certificates for motor vehicles);

section 87(1) (drivers of motor vehicles to have driving licences);

section 143 (users of motor vehicles to be insured or secured against third-party risks);

section 163 (power of police to stop vehicles);

section 172 (duty to give information as to the identity of driver etc. in certain circumstances);

Vehicle Excise and Registration Act 1994 (c. 22)

section 33 (not exhibiting vehicle licence);

section 42 (not fixing registration mark);

section 43 (obscured registration mark);

section 43C (using an incorrectly registered vehicle);

section 59 (regulations: offences) in relation to the requirements imposed by regulation 11 of the Road Vehicles (Display of Registration Marks) Regulations 2001 (S.I. 2001/561).

(4) The Scottish Ministers may by order amend the list of offences in subsection (3) so as to add, modify or omit any entry.

(5) In subsection (3) “construction and use requirements” has the meaning given by section 41(7) of the Road Traffic Act 1988 (c. 52).

(6) In section 95 of the Road Traffic Offenders Act 1988 (c. 53) (destination of fines imposed in respect of road traffic offences etc.) insert—

“(3) There shall be paid into the Scottish Consolidated Fund all fixed penalties imposed in respect of offences, committed in Scotland, to which section 156(3) of the Serious Organised Crime and Police Act 2005 applies.”

Textual Amendments

F115 Words in s. 156 title substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 48(14)(a)

F116 Words in s. 156(1) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 48(14)(b)

Commencement Information

I122 S. 156 in force at 1.7.2005 by S.S.I. 2005/358, art. 2(b)

Local policing information E+W

157 Publication of local policing information E+W

After section 8 of the Police Act 1996 (c. 16) insert—

“8A Local policing summaries

(1) As soon as possible after the end of each financial year, every police authority established under section 3 shall issue a report for members of the public in the authority's area on matters relating to the policing of that area for the year.

(2) Such a report is referred to in this section as a “local policing summary”.

(3) The Secretary of State may by order specify matters which are to be included in a local policing summary.

(4) A police authority shall arrange—

(a) for every local policing summary issued by it under this section to be published in such manner as appears to it to be appropriate, and

(b) for a copy of every such summary to be sent, by whatever means appear to the authority to be appropriate, to each person liable to pay any tax, precept or levy to or in respect of the authority.

(5) It shall be the duty of a police authority, in preparing and publishing a local policing summary, to have regard to any guidance given by the Secretary of State about the form and content of local policing summaries and the manner of their publication.

(6) Before making an order under subsection (3), and before giving any such guidance as is referred to in subsection (5), the Secretary of State must consult—

(a) persons whom he considers to represent the interests of police authorities,

(b) persons whom he considers to represent the interests of chief officers of police, and

(c) such other persons as he thinks fit.

(7) This section shall apply in relation to the Metropolitan Police Authority as it applies to a police authority established under section 3.

(8) A statutory instrument containing an order under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

Commencement Information

I123 S. 157 in force at 1.4.2006 by S.I. 2005/1521, art. 5(2)

Other miscellaneous police matters E+W+S

158 Responsibilities in relation to the health and safety etc. of police E+W+S

(1) In section 51A of the Health and Safety at Work etc. Act 1974 (c. 37) (application of Part 1 of that Act to police) after subsection (2) insert—

“(2A) For the purposes of this Part the relevant officer, as defined by subsection (2)(a) or (c) above, shall be treated as a corporation sole.

(2B) Where, in a case in which the relevant officer, as so defined, is guilty of an offence by virtue of this section, it is proved—

(a) that the officer-holder personally consented to the commission of the offence,

(b) that he personally connived in its commission, or

(c) that the commission of the offence was attributable to personal neglect on his part,

the office-holder (as well as the corporation sole) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(2C) In subsection (2B) above “the office-holder”, in relation to the relevant officer, means an individual who, at the time of the consent, connivance or neglect—

(a) held the office or other position mentioned in subsection (2) above as the office or position of that officer; or

(b) was for the time being responsible for exercising and performing the powers and duties of that office or position.

(2D) The provisions mentioned in subsection (2E) below (which impose the same liability for unlawful conduct of constables on persons having their direction or control as would arise if the constables were employees of those persons) do not apply to any liability by virtue of this Part.

(2E) Those provisions are—

(a) section 39 of the Police (Scotland) Act 1967;

(b) section 88(1) of the Police Act 1996;

(c) section 97(9) of that Act;

(d) paragraph 7(1) of Schedule 8 to the Police Act 1997;

(e) paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001;

(f) section 28 of the Serious Organised Crime and Police Act 2005.

(2F) In the application of this section to Scotland—

(a) subsection (2A) shall have effect as if for the words “corporation sole” there were substituted “ distinct juristic person (that is to say, as a juristic person distinct from the individual who for the time being is the office-holder) ”;

(b) subsection (2B) shall have effect as if for the words “corporation sole” there were substituted “ juristic person ”; and

(c) subsection (2C) shall have effect as if for the words “subsection (2B)” there were substituted “ subsections (2A) and (2B) ”.”

(2) For subsection (2) of each of the following sections of the Employment Rights Act 1996 (c. 18)—

(a) section 49A (right of police officers not to suffer detriment in relation to health and safety issues), and

(b) section 134A (right of police officers not to be unfairly dismissed in relation to health and safety issues),

substitute the subsection set out in subsection (3) of this section.

(3) The subsection to be substituted is—

“(2) In this section “the relevant officer”, in relation to—

(a) a person holding the office of constable, or

(b) a person holding an appointment as a police cadet,

means the person who under section 51A of the Health and Safety at Work etc. Act 1974 is to be treated as his employer for the purposes of Part 1 of that Act.”

(4) The following provisions of the Police Reform Act 2002 (c. 30) (which relate to duties and rights in relation to the health and safety of police) cease to have effect—

(a) section 95, and

(b) in Schedule 8, the reference to section 5 of the Police (Health and Safety) Act 1997 (c. 42).

(5) The amendments made by subsections (1) to (3) have effect for the purposes of any proceedings in or before a court or tribunal that are commenced on or after the day on which this Act is passed as if the amendments had come into force on 1st July 1998.

(6) For the purposes of proceedings commenced against a person in his capacity by virtue of this section as a corporation sole (or, in Scotland, as a distinct juristic person) anything done by or in relation to that person before the passing of this Act shall be deemed to have been done by or in relation to that person in that capacity.

(7) No person shall be liable by virtue of section 51A(2B) of the Health and Safety at Work etc. Act 1974 (c. 37) in respect of anything occurring before the passing of this Act.

159 Investigations: accelerated procedure in special cases E+W

Schedule 11 (which makes provision for an accelerated procedure for certain investigations into the conduct of police officers) has effect.

Commencement Information

I124 S. 159 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(v)

160 Investigations: deaths and serious injuries during or after contact with the police E+W

Schedule 12 (which makes provision for the investigation of deaths and serious injuries which occur during or after contact with persons serving with the police) has effect.

Commencement Information

I125 S. 160 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

Royal Parks etc. E+W

161 Abolition of Royal Parks Constabulary E+W

(1) The Royal Parks Constabulary is abolished.

(2) Every relevant person shall cease to be a park constable on the appointed day.

(3) Subsection (2) is not to be taken as terminating the Crown employment of any relevant person.

(4) In this section, section 162 and Schedule 13—

• “appointed day” means such day as the Secretary of State may by order appoint for the purposes of this section,

• “Crown employment” has the same meaning as in the Employment Rights Act 1996 (c. 18), and

• “relevant person” means a person who immediately before the appointed day is serving as a park constable with the Royal Parks Constabulary.

(5) Schedule 13 (which provides for transfers to the Metropolitan Police Authority and makes amendments) has effect.

Commencement Information

I126 S. 161(1) in force at 8.5.2006 by S.I. 2006/1085, art. 2(a)

I127 S. 161(2)-(5) in force at 1.7.2005 for specified purposes by S.I. 2005/1521, art. 3(1)(x)

I128 S. 161(2)-(4) in force at 1.8.2005 in so far as not already in force by S.I. 2005/2026, art. 2(e)

I129 S. 161(5) in force at 8.5.2006 in so far as not already in force by S.I. 2006/1085, art. 2(a)

162 Regulation of specified parks E+W

(1) From the appointed day the Parks Regulation Act 1872 (c. 15) does not apply to the specified parks.

(2) But from the appointed day section 2 of the Parks Regulation (Amendment) Act 1926 (c. 36) applies in relation to the specified parks in the same way as it applies in relation to parks to which the Parks Regulation Act 1872 applies.

(3) The Secretary of State must ensure that copies of any regulations made under section 2 of the Parks Regulation (Amendment) Act 1926 (c. 36) which are in force in relation to a specified park are displayed in a suitable position in that park.

(4) In this section “specified park” means a park, garden, recreation ground, open space or other land in the metropolitan police district—

(a) which is specified in an order made by the Secretary of State before the appointed day, and

(b) to which the Parks Regulation Act 1872 (c. 15) then applied by virtue of section 1 of the Parks Regulation (Amendment) Act 1926.

Commencement Information

I130 S. 162(1)(2)(4) in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(z)

Criminal record checks U.K.

163 Criminal record certificates U.K.

(1) Sections 113 and 115 of the Police Act 1997 (c. 50) (criminal record certificates) are omitted.

(2) Before section 114 of that Act insert—

“113A Criminal record certificates

(1) The Secretary of State must issue a criminal record certificate to any individual who—

(a) makes an application in the prescribed manner and form, and

(b) pays in the prescribed manner any prescribed fee.

(2) The application must—

(a) be countersigned by a registered person, and

(b) be accompanied by a statement by the registered person that the certificate is required for the purposes of an exempted question.

(3) A criminal record certificate is a certificate which—

(a) gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records, or

(b) states that there is no such matter.

(4) The Secretary of State must send a copy of a criminal record certificate to the registered person who countersigned the application.

(5) The Secretary of State may treat an application under this section as an application under section 113B if—

(a) in his opinion the certificate is required for a purpose prescribed under subsection (2) of that section,

(b) the registered person provides him with the statement required by that subsection, and

(c) the applicant consents and pays to the Secretary of State the amount (if any) by which the fee payable in relation to an application under that section exceeds the fee paid in relation to the application under this section.

(6) In this section—

• “central records” means such records of convictions and cautions held for the use of police forces generally as may be prescribed;

• “exempted question” means a question in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4) of that Act;

• “relevant matter” means—

  (a)

  a conviction within the meaning of the Rehabilitation of Offenders Act 1974, including a spent conviction, and

  (b)

  a caution.

113B Enhanced criminal record certificates

(1) The Secretary of State must issue an enhanced criminal record certificate to any individual who—

(a) makes an application in the prescribed manner and form, and

(b) pays in the prescribed manner any prescribed fee.

(2) The application must—

(a) be countersigned by a registered person, and

(b) be accompanied by a statement by the registered person that the certificate is required for a prescribed purpose.

(3) An enhanced criminal record certificate is a certificate which—

(a) gives the prescribed details of every relevant matter relating to the applicant which is recorded in central records and any information provided in accordance with subsection (4), or

(b) states that there is no such matter or information.

(4) Before issuing an enhanced criminal record certificate the Secretary of State must request the chief officer of every relevant police force to provide any information which, in the chief officer's opinion—

(a) might be relevant for the purpose described in the statement under subsection (2), and

(b) ought to be included in the certificate.

(5) The Secretary of State must also request the chief officer of every relevant police force to provide any information which, in the chief officer's opinion—

(a) might be relevant for the purpose described in the statement under subsection (2),

(b) ought not to be included in the certificate, in the interests of the prevention or detection of crime, and

(c) can, without harming those interests, be disclosed to the registered person.

(6) The Secretary of State must send to the registered person who countersigned the application—

(a) a copy of the enhanced criminal record certificate, and

(b) any information provided in accordance with subsection (5).

(7) The Secretary of State may treat an application under this section as an application under section 113A if in his opinion the certificate is not required for a purpose prescribed under subsection (2).

(8) If by virtue of subsection (7) the Secretary of State treats an application under this section as an application under section 113A, he must refund to the applicant the amount (if any) by which the fee paid in relation to the application under this section exceeds the fee payable in relation to an application under section 113A.

(9) In this section—

• “central records”, “exempted question”, and “relevant matter” have the same meaning as in section 113A;

• “relevant police force”, in relation to an application under this section, means a police force which is a relevant police force in relation to that application under regulations made by the Secretary of State.

(10) For the purposes of this section references to a police force include any of the following—

(a) the Royal Navy Regulating Branch;

(b) the Royal Marines Police;

(c) the Royal Military Police;

(d) the Royal Air Force Police;

(e) the Ministry of Defence Police;

(f) the National Criminal Intelligence Service;

(g) the National Crime Squad;

(h) the British Transport Police;

(i) the Civil Nuclear Constabulary;

(j) the States of Jersey Police Force;

(k) the salaried police force of the Island of Guernsey;

(l) the Isle of Man Constabulary;

(m) a body with functions in any country or territory outside the British Islands which correspond to those of a police force in any part of the United Kingdom,

and any reference to the chief officer of a police force includes the person responsible for the direction of a body mentioned in this subsection.

(11) For the purposes of this section each of the following must be treated as if it were a police force—

(a) the Commissioners for Her Majesty's Revenue and Customs (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to any one of the Commissioners);

(b) the Serious Organised Crime Agency (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Director General of the Agency);

(c) such other department or body as is prescribed (and regulations may prescribe in relation to the department or body the person to whom a reference to the chief officer is to be taken to be).

113C Criminal record certificates: suitability relating to children

(1) If an application under section 113A or 113B is accompanied by a children's suitability statement the criminal record certificate or enhanced criminal record certificate (as the case may be) must also state—

(a) whether the applicant is included in a specified children's list;

(b) if he is included in such a list, such details of his inclusion as may be prescribed;

(c) whether he is subject to a specified children's direction;

(d) if he is subject to such a direction, the grounds on which it was given and such details as may be prescribed of the circumstances in which it was given.

(2) A children's suitability statement is a statement by the registered person that the certificate is required for the purpose of considering—

(a) the applicant's suitability to be employed, supplied to work, found work or given work in a position (whether paid or unpaid) within subsection (5),

(b) the applicant's suitability to be a foster parent or to adopt a child,

(c) the applicant's suitability to be a child's special guardian for the purposes of sections 14A and 14C of the Children Act 1989,

(d) the applicant's suitability to have a child placed with him by virtue of section 70 of the Children (Scotland) Act 1995 or by virtue of section 5(2), (3) and (4) of the Social Work (Scotland) Act 1968, or

(e) the suitability of a person living in the same household as the applicant to be a person mentioned in paragraph (b) or (c) or to have a child placed with him as mentioned in paragraph (d).

(3) Each of the following is a specified children's list—

(a) the list kept under section 1 of the Protection of Children Act 1999;

(b) the list kept under section 1(1) of the Protection of Children (Scotland) Act 2003;

(c) the list kept under Article 3 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;

(d) any list kept for the purposes of regulations under Article 70(2)(e) or 88A(2)(b) of the Education and Libraries (Northern Ireland) Order 1986;

(e) any such other list as the Secretary of State specifies by order if he thinks that the list corresponds to a list specified in paragraphs (a) to (c) and is kept in pursuance of a country or territory outside the United Kingdom.

(4) Each of the following is a specified children's direction—

(a) a direction under section 142 of the Education Act 2002;

(b) anything which the Secretary of State specifies by order which he thinks corresponds to such a direction and which is done for the purposes of the law of Scotland or of Northern Ireland or of a country or territory outside the United Kingdom.

(5) A position falls within this subsection if it is any of the following—

(a) a child care position within the meaning of the Protection of Children Act 1999;

(b) a child care position within the meaning of the Protection of Children (Scotland) Act 2003;

(c) a child care position within the meaning of Chapter 1 of Part 2 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;

(d) a position, employment or further employment in which may be prohibited or restricted by regulations under Article 70(2)(e) or 88A(2)(b) of the Education and Libraries (Northern Ireland) Order 1986;

(e) a position which involves work to which section 142 of the Education Act 2002 applies;

(f) a position of such other description as may be prescribed.

(6) An order under subsection (4)(b) may make such modifications of subsection (1)(d) as the Secretary of State thinks necessary or expedient in consequence of the order.

113D Criminal record certificates: suitability relating to adults

(1) If an application under section 113A or 113B is accompanied by an adults' suitability statement the criminal record certificate or enhanced criminal record certificate (as the case may be) must also state—

(a) whether the applicant is included in a specified adults' list;

(b) if he is included in such a list, such details of his inclusion as may be prescribed.

(2) An adults' suitability statement is a statement by the registered person that the certificate is required for the purpose of considering the applicant's suitability to be employed, supplied to work, found work or given work in a position (whether paid or unpaid) falling within subsection (4).

(3) Each of the following is a specified adults' list—

(a) the list kept under section 81 of the Care Standards Act 2000;

(b) the list kept under Article 35 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;

(c) any such other list as the Secretary of State specifies by order if he thinks that the list corresponds to a list specified in paragraph (a) or (b) and is kept in pursuance of the law of Scotland or of a country or territory outside the United Kingdom.

(4) A position falls within this subsection if it is any of the following—

(a) a care position within the meaning of Part 7 of the Care Standards Act 2000;

(b) a care position within the meaning of Part 3 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;

(c) a position concerned with providing a care service (as defined by section 2(1) of the Regulation of Care (Scotland) Act 2001);

(d) a position of such other description as may be prescribed.

113E Criminal record certificates: specified children's and adults' lists: urgent cases

(1) Subsection (2) applies to an application under section 113A or 113B if—

(a) it is accompanied by a children's suitability statement,

(b) the registered person requests an urgent preliminary response, and

(c) the applicant pays in the prescribed manner such additional fee as is prescribed in respect of the application.

(2) The Secretary of State must notify the registered person—

(a) if the applicant is not included in a specified children's list, of that fact;

(b) if the applicant is included in such a list, of the details prescribed for the purposes of section 113C(1)(b) above;

(c) if the applicant is not subject to a specified children's direction, of that fact;

(d) if the applicant is subject to such a direction, of the grounds on which the direction was given and the details prescribed for the purposes of section 113C(1)(d) above.

(3) Subsection (4) applies to an application under section 113A or 113B if—

(a) it is accompanied by an adults' suitability statement,

(b) the registered person requests an urgent preliminary response, and

(c) the applicant pays in the prescribed manner such additional fee as is prescribed in respect of the application.

(4) The Secretary of State must notify the registered person either—

(a) that the applicant is not included in a specified adults' list, or

(b) that a criminal record certificate or enhanced criminal record certificate will be issued in due course.

(5) In this section—

• “criminal record certificate” has the same meaning as in section 113A;

• “enhanced criminal record certificate” has the same meaning as in section 113B;

• “children's suitability statement” “, specified children's direction” and “specified children's list” have the same meaning as in section 113C;

• “adults' suitability statement” and “specified adults' list” have the same meaning as in section 113D.

113F Criminal record certificates: supplementary

(1) References in sections 113C(2) and 113D(2) to considering the applicant's suitability to be employed, supplied to work, found work or given work in a position falling within section 113C(5) or 113D(4) include references to considering—

(a) for the purposes of Part 10A of the Children Act 1989 (child minding and day care in England and Wales), the applicant's suitability to look after or be in regular contact with children under the age of eight;

(b) for the purposes of that Part of that Act, in the case of an applicant for or holder of a certificate under section 79W of that Act, or a person prescribed under subsection (4) of that section, his suitability to look after children within the meaning of that section;

(c) the applicant's suitability to be registered for child minding or providing day care under section 71 of the Children Act 1989 or Article 118 of the Children (Northern Ireland) Order 1995 (child minding and day care);

(d) for the purposes of section 3 of the Teaching and Higher Education Act 1998 (registration of teachers with the General Teaching Council for England or the General Teaching Council for Wales) or of section 6 of the Teaching Council (Scotland) Act 1965 (registration of teachers with the General Teaching Council for Scotland), the applicant's suitability to be a teacher;

(e) the applicant's suitability to be registered under Part 2 of the Care Standards Act 2000 (establishments and agencies);

(f) the applicant's suitability to be registered under Part 4 of that Act (social care workers);

(g) the applicant's suitability to be registered under Part 1 of the Regulation of Care (Scotland) Act 2001 (applications by persons seeking to provide a care service);

(h) the applicant's suitability to be registered under Part 3 of that Act (social workers and other social service workers);

(i) the applicant's application to have a care service, consisting of the provision of child minding or the day care of children, registered under Part 1 of that Act (care services);

(j) the applicant's suitability to be registered under Part 1 of the Health and Personal Social Services Act (Northern Ireland) 2001 (social care workers);

(k) the applicant's suitability to be registered under Part 3 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (regulation of establishments and agencies).

(2) The power to make an order under section 113C or 113D is exercisable by statutory instrument, but no such order may be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(3) If the power mentioned in subsection (2) is exercised by the Scottish Ministers, the reference in that subsection to each House of Parliament must be construed as a reference to the Scottish Parliament.”

(3) Schedule 14 (which makes consequential amendments to Part 5 of the Police Act 1997 (c. 50)) has effect.

(4) If section 115(1) of the Adoption and Children Act 2002 (c. 38) comes into force before the preceding provisions of this section, the Secretary of State may by order apply Part 5 of the Police Act 1997 subject to such modifications as he thinks necessary or expedient for the purpose of enabling a certificate or statement to be issued under section 113 or 115 of that Act of 1997 in connection with consideration by a court of whether to make a special guardianship order under section 14A of the Children Act 1989 (c. 41).

Commencement Information

I131 S. 163(1)(3) in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(c)

I132 S. 163(1)(2) in force at 6.4.2006 for specified purposes for E.W. by S.I. 2006/378, art. 7(a)

I133 S. 163(2) in force at 1.4.2006 for specified purposes for S. by S.S.I. 2006/166, art. 2(1)(c)

I134 S. 163(2) in force at 25.9.2006 for specified purposes for E.W. by S.I. 2006/2182, art. 2

I135 S. 163(2) in force at 12.11.2007 for specified purposes for E.W. by S.I. 2007/3064, art. 2

I136 S. 163(2) in force at 29.2.2008 for specified purposes for E.W. by S.I. 2008/306, art. 2

I137 S. 163(2) in force at 1.4.2008 for N.I. by S.I. 2008/697, art. 2(a)

I138 S. 163(2) in force at 9.3.2015 for specified purposes by S.I. 2015/188, art. 2

I139 S. 163(3) in force at 6.4.2006 for specified purposes for E.W. by S.I. 2006/378, art. 7(b)

I140 S. 163(3) in force at 3.12.2007 for N.I. by S.I. 2007/3341, art. 2(a)

I141 S. 163(4) in force at 7.7.2005, see s. 178(2)

164 Criminal records checks: verification of identity U.K.

(1) Section 118 of the Police Act 1997 (evidence of identity) is amended as follows.

(2) In subsection (1) after “117” insert “ or 120 ”.

(3) After subsection (2) insert—

“(2A) For the purpose of verifying evidence of identity supplied in pursuance of subsection (1) the Secretary of State may obtain such information as he thinks is appropriate from data held—

(a) by the United Kingdom Passport Agency;

(b) by the Driver and Vehicle Licensing Agency;

(c) by Driver and Vehicle Licensing Northern Ireland;

(d) by the Secretary of State in connection with keeping records of national insurance numbers;

(e) by such other persons or for such purposes as is prescribed.”

Commencement Information

I142 S. 164 in force at 1.7.2005 except to the extent that it applies to S. by S.I. 2005/1521, art. 3(3)(a)

I143 S. 164 in force at 1.7.2005 for S. by S.S.I. 2005/358, art. 2(c)

I144 S. 164 in force at 1.4.2008 for N.I. by S.I. 2008/697, art. 2(b)

165 Certain references to police forces U.K.

(1) In section 119 of the Police Act 1997 (c. 50) (sources of information),

(a) in subsection (3) for “the prescribed fee” substitute “ such fee as he thinks appropriate ”;

(b) after subsection (5) insert—

“(6) For the purposes of this section references to a police force include any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and references to a chief officer must be construed accordingly.

(7) In the case of such a body the reference in subsection (3) to the appropriate police authority must be construed as a reference to such body as is prescribed.”

(2) In sections 120A and 120B of that Act (as inserted respectively by section 134(1) of the Criminal Justice and Police Act 2001 (c. 16) and section 70 of the Criminal Justice (Scotland) Act 2003 (asp 7)), after subsection (5) insert—

“(6) For the purposes of this section references to a police force include any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and references to a chief officer must be construed accordingly.”

(3) In section 124A of that Act (offences relating to disclosure of information) (inserted by section 328 of and paragraphs 1 and 11 of Schedule 35 to the Criminal Justice Act 2003 (c. 44)), after subsection (5) insert—

“(6) For the purposes of this section the reference to a police force includes any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and the reference to a chief officer must be construed accordingly.”

Commencement Information

I145 S. 165 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(c)

I146 S. 165(1)(a) in force at 1.7.2005 except to the extent that it applies to S. by S.I. 2005/1521, art. 3(3)(b)

I147 S. 165(1)(a)(b) in force at 1.4.2008 for N.I. by S.I. 2008/697, art. 2(c)

I148 S. 165(1)(b)(2)(3) in force at 6.4.2006 for E.W. by S.I. 2006/378, art. 7(d)

I149 S. 165(2)(3) in force at 3.12.2007 for N.I. by S.I. 2007/3341, art. 2(b)

166 Further amendments to Police Act 1997 as it applies to Scotland S

(1) In section 120B of the Police Act 1997 (as inserted by section 70 of the Criminal Justice (Scotland) Act 2003 (asp 7)), in subsection (5) for the words from “the prescribed fee” to the end substitute “ such fee as they consider appropriate ”.

(2) In section 126 of that Act of 1997 after subsection (2) insert—

“(3) In the application of this Part to Scotland references to the Secretary of State must be construed as references to the Scottish Ministers.

(4) Subsection (3) does not apply to section 118(2A)(d) or 124A(1) and (2).”

Commencement Information

I150 S. 166(1) in force at 1.4.2006 by S.S.I. 2006/166, art. 2(1)(c)

I151 S. 166(2) in force at 1.7.2005 for S. by S.S.I. 2005/358, art. 2(d)

I152 S. 166(2) in force at 1.7.2005 except to the extent that it applies to S. by S.I. 2005/1521, art. 3(3)(c)

I153 S. 166(2) in force at 3.12.2007 for N.I. by S.I. 2007/3341, art. 2(c)

167 Part 5 of the Police Act 1997: Northern Ireland U.K.

The amendments made by Schedule 35 to the Criminal Justice Act 2003 (c. 44) to Part 5 of the Police Act 1997 (c. 50) extend to Northern Ireland as well as to England and Wales, and accordingly in section 337(5) of that Act of 2003 (extent)—

(a) after “section 315” insert— “ section 328; ”;

(b) after “Schedule 5” insert— “ Schedule 35. ”

168 Part 5 of the Police Act 1997: Channel Islands and Isle of Man U.K.

(1) Her Majesty may by Order in Council extend any provision of Part 5 of the Police Act 1997 (certificates of criminal records etc.), with such modifications as appear to Her Majesty in Council to be appropriate, to any of the Channel Islands or the Isle of Man.

(2) An order under this section may make such consequential, incidental, supplementary, transitory or transitional provision or savings as Her Majesty in Council thinks appropriate.

Commencement Information

I154 S. 168 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(aa)

Witness summonses E+W

169 Powers of Crown Court and Magistrates' Court to issue witness summons E+W

(1) In section 2(1) of the Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69) (issue of witness summons on application to Crown Court) for paragraph (b) substitute—

“(b) it is in the interests of justice to issue a summons under this section to secure the attendance of that person to give evidence or to produce the document or thing.”

(2) In section 97 of the Magistrates' Courts Act 1980 (c. 43) (summons to witness) for subsection (1) substitute—

“(1) Where a justice of the peace is satisfied that—

(a) any person in England or Wales is likely to be able to give material evidence, or produce any document or thing likely to be material evidence, at the summary trial of an information or hearing of a complaint by a magistrates' court, and

(b) it is in the interests of justice to issue a summons under this subsection to secure the attendance of that person to give evidence or produce the document or thing,

the justice shall issue a summons directed to that person requiring him to attend before the court at the time and place appointed in the summons to give evidence or to produce the document or thing.”

(3) In section 97A(1) of that Act (summons as to committal proceedings) for paragraph (b) substitute—

“(b) it is in the interests of justice to issue a summons under this section to secure the attendance of that person to give evidence or to produce the document or other exhibit, and”.

(4) In paragraph 4(1) of Schedule 3 to the Crime and Disorder Act 1998 (c. 37) (power of justice to take depositions etc.) for paragraph (b) substitute—

“(b) it is in the interests of justice to issue a summons under this paragraph to secure the attendance of the witness to have his evidence taken as a deposition or to produce the document or other exhibit.”

(5) In section 51A(1) of the Judicature (Northern Ireland) Act 1978 (c. 23) (issue of witness summons on application to Crown Court) for paragraph (b) substitute—

“(b) it is in the interests of justice to issue a summons under this section to secure the attendance of that person to give evidence or to produce the document or thing.”

Commencement Information

I155 S. 169 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(bb)

F117 170 Powers of courts-martial etc. to issue warrants of arrest in respect of witnesses E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F117 S. 170 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Private Security Industry Act 2001: Scotland E+W+S

171 Private Security Industry Act 2001: Scottish extent E+W+S

(1) Schedule 15 amends the Private Security Industry Act 2001 (c. 12) in relation to its extent to Scotland.

(2) In Schedule 2 to the Scottish Public Services Ombudsman Act 2002 (asp 11) (persons liable to investigation) after paragraph 90 add—

“91 The Security Industry Authority.”

Commencement Information

I156 S. 171(1) in force at 30.6.2006 for specified purposes for S. by S.S.I. 2006/381, art. 2(a)(ii)

I157 S. 171(1) in force at 6.7.2006 for specified purposes for E.W. by S.S.I. 2006/381, art. 2(b)(iii)

I158 S. 171(1) in force at 6.4.2007 for specified purposes for E.W. by S.S.I. 2007/241, art. 2(b)

I159 S. 171(2) in force at 6.7.2006 by S.S.I. 2006/381, art. 2(b)(iv)

Part 6 U.K. Final provisions

172 Orders and regulations U.K.

(1) Any power of the Secretary of State to make an order or regulations under this Act, and any power of the Scottish Ministers to make an order under this Act, is exercisable by statutory instrument.

(2) Any such power—

(a) may be exercised so as to make different provision for different cases or descriptions of case or different purposes or areas, and

(b) includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate (or, in the case of an order made by the Scottish Ministers, as they consider appropriate).

(3) Subject to subsections (4) and (5), orders or regulations made by the Secretary of State under this Act are to be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Subsection (3) does not apply to any order under section F118 ... 161(4) or 178.

(5) Subsection (3) also does not apply to—

F119 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F119 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) any order under section 61(4);

(d) any order under section 76(4);

(e) [F120 any order under section 82(6);]

(f) any order under section 87(5);

(g) any order under section 89(5);

(h) any order under section 96(1);

(i) any order under section 97(1);

(j) any order under section 146(6), 148(4) or 149;

(k) any order under section 173 which amends or repeals any provision of an Act;

and no such order may be made by the Secretary of State (whether alone or with other provisions) unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(6) Subject to subsections (7) and (8), orders made by the Scottish Ministers under this Act are to be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(7) Subsection (6) does not apply to any order under section 178.

(8) Subsection (6) also does not apply to—

F121 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any order under section 61(5);

(c) any order under section 77(4);

(d) any order under section 87(6);

(e) any order under section 89(6);

(f) any order under section 96(1);

(g) any order under section 173 which amends or repeals any provision of an Act;

and no such order may be made by the Scottish Ministers (whether alone or with other provisions) unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the Scottish Parliament.

[F122 (9) Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(10) Any such power—

(a) may be exercised so as to make different provision for different cases or descriptions of case or different purposes or areas, and

(b) includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Department of Justice considers appropriate.

(11) Subject to subsections (12) and (13), orders made by the Department of Justice under this Act are to be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

(12) Subsection (11) does not apply to any order under section 178.

(13) Subsection (11) also does not apply to—

F123 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any order under section 87(6A);

(c) any order under section 89(6A);

(d) any order under section 97(1A);

(e) any order under section 173 which amends or repeals any provision of an Act,

and no such order may be made by the Department of Justice (whether alone or with other provisions) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(14) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (13) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.]

Textual Amendments

F118 Word in s. 172(4) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 162(2); S.I. 2013/1682, art. 3(v)

F119 S. 172(5)(a)(b) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 162(3); S.I. 2013/1682, art. 3(v)

F120 S. 172(5)(e) repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(5), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

F121 S. 172(8)(a) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 162(4); S.I. 2013/1682, art. 3(v)

F122 S. 172(9)-(14) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 24 (with arts. 28-31)

F123 S. 172(13)(a) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 162(5); S.I. 2013/1682, art. 3(v)

173 Supplementary, incidental, consequential etc. provision U.K.

(1) The Secretary of State may by order make—

(a) such supplementary, incidental or consequential provision, or

(b) such transitory, transitional or saving provision,

as he considers appropriate for the general purposes, or any particular purpose, of this Act, or in consequence of, or for giving full effect to, any provision made by this Act.

(2) An order under subsection (1) may amend, repeal, revoke or otherwise modify any enactment (including this Act).

(3) The power to make an order under subsection (1) includes power to repeal or revoke an enactment which is spent.

(4) Before exercising the power conferred by subsection (1) in relation to an enactment which extends to Scotland, the Secretary of State must consult the Scottish Ministers.

(5) The power conferred by subsection (1) is exercisable by the Scottish Ministers (rather than by the Secretary of State) where the provision to be made is—

(a) for the general purposes of this Act and would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament; or

(b) for the purposes of, in consequence of, or for giving full effect to—

(i) section 77, 156, 171 or Schedule 15,

(ii) so far as extending to Scotland, any provision mentioned in section 178(4),

(iii) so far as relating as mentioned in section 178(5), section 174(2) and Schedule 17,

(iv) so far as having effect as mentioned in section 178(6)(a), section 96.

(6) But an order under—

(a) paragraph (b)(i) of subsection (5) in relation to section 171 or Schedule 15, or

(b) paragraph (b)(iv) of that subsection,

may be made only after consulting the Secretary of State.

[F124 (6A) Before exercising the power conferred by subsection (1) in relation to an enactment which extends to Northern Ireland, the Secretary of State must consult the Department of Justice in Northern Ireland.

(6B) The power conferred by subsection (1) is exercisable by the Department of Justice (rather than by the Secretary of State) where the provision to be made is for the general purposes of this Act and would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of the Assembly.

(6C) The power conferred by subsection (1) is also exercisable by the Department of Justice (rather than by the Secretary of State) where the provision to be made—

(a) is for the purposes of, in consequence of, or for giving full effect to—

(i) section 78, or

(ii) so far as extending to Northern Ireland, any provision mentioned in section 178(7A), and

(b) would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of the Assembly.

(6D) The Department of Justice shall not, without the consent of the Secretary of State, make an order by virtue of subsection (6B) or (6C) in relation to which, were the order a Bill of the Northern Ireland Assembly, the Secretary of State’s consent would be required under section 8 of the Northern Ireland Act 1998.]

(7) Nothing in this Act affects the generality of the power conferred by this section.

Textual Amendments

F124 S. 173(6A)-(6D) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 25 (with arts. 28-31)

174 Minor and consequential amendments, repeals and revocations E+W

(1) Schedule 16 makes provision for remaining minor and consequential amendments (search warrants).

(2) Schedule 17 makes provision for the repeal and revocation of enactments (including enactments which are spent).

Commencement Information

I160 S. 174(2) in force for certain purposes at Royal Assent, see s. 178(1)

I161 S. 174(1) in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(s)

I162 S. 174(2) in force at 1.7.2005 for specified purposes by S.I. 2005/1521, art. 3(1)(cc)

I163 S. 174(2) in force at 1.1.2006 for specified purposes by S.I. 2005/3495, art. 2(1)(t)

I164 S. 174(2) in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(d)

I165 S. 174(2) in force at 1.4.2006 for specified purposes by S.I. 2006/378, art. 4(1), Sch. para. 12 (with art. 4(2)-(7))

I166 S. 174(2) in force at 6.4.2006 for specified purposes for E.W. by S.I. 2006/378, art. 7(e)

I167 S. 174(2) in force at 8.5.2006 for specified purposes by S.I. 2006/1085, art. 2(b)

I168 S. 174(2) in force at 1.4.2008 for specified purposes for N.I. by S.I. 2008/697, art. 2(d)

175 Penalties for offences: transitional modification for England and Wales E+W

(1) This section contains transitional modifications in respect of penalties for certain offences committed in England or Wales.

(2) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44) (general limit on magistrates' court's power to impose imprisonment), the references in the following provisions to periods of imprisonment of 12 months are to be read as references to periods of imprisonment of 6 months—

• section 67(5)(b);

• section 86(2)(b);

• section 88(3)(b);

• section 147(1)(a).

(3) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the references in the following provisions of this Act to periods of imprisonment of 51 weeks are to be read as references to the periods of imprisonment specified in respect of those provisions as follows—

Section	Modified period of imprisonment
F125 . . .	F125 . . .
F125 . . .	F125 . . .
F126 . . .	F126 . . .
F126 . . .	F126 . . .
section 67(4)(a)	6 months
section 79(10)(a)(i)	6 months
section 112(5)	4 months
section 128(5)(a)	6 months
section 136(1)	3 months
section 136(3)(a)	3 months
[F127 section 136(4)	3 months
section 136(4A)	3 months]

Textual Amendments

F125 Words in s. 175(3) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 163(a); S.I. 2013/1682, art. 3(v)

F126 Words in s. 175(3) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 163(b); S.I. 2013/1682, art. 3(v)

F127 Words in s. 175(3) substituted (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 64(3) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

Commencement Information

I169 S. 175 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(dd)

176 Expenses U.K.

(1) There shall be paid out of money provided by Parliament—

(a) any expenditure incurred by the Secretary of State by virtue of this Act;

(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

(2) Subsection (1)(a) does not apply to any expenditure of the Secretary of State under section 155.

177 Interpretation U.K.

F128 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In this Act “enactment” includes—

(a) an enactment contained in or made under an Act of the Scottish Parliament or Northern Ireland legislation, and

(b) an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).

(3) In this Act references to enactments include enactments passed or made after the passing of this Act.

(4) Subsections (2) and (3) apply except where the context otherwise requires.

Textual Amendments

F128 S. 177(1) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 164; S.I. 2013/1682, art. 3(v)

178 Commencement U.K.

(1) The following provisions come into force on the day on which this Act is passed—

(a) sections 117(7) (and section 117(6) so far as relates to it), 158, 167, 172, 173, 176, 177, this section and section 179, and

(b) Part 1 of Schedule 17 and (so far as it relates to that Part of that Schedule) section 174(2).

(2) Section 163(4) comes into force at the end of the period of three months beginning with the day on which this Act is passed.

(3) Sections 77 and 156 come into force on such day as the Scottish Ministers may by order appoint.

(4) So far as they extend to Scotland—

(a) Chapter 1 of Part 2,

(b) sections 79 to 81,

(c) Chapter 4 of Part 2 (including Schedule 5),

(d) sections 163 to 166, and

(e) Schedule 14,

come into force on such day as the Scottish Ministers may by order appoint.

(5) So far as they relate—

(a) to sections 113 and 115 of the Police Act 1997 (c. 50) as those sections apply to Scotland;

(b) to section 125 of that Act, to the Regulation of Care (Scotland) Act 2001 (asp 8), to the Protection of Children (Scotland) Act 2003 (asp 5) and to the Criminal Justice (Scotland) Act 2003 (asp 7),

section 174(2) and Schedule 17 come into force on such day as the Scottish Ministers may by order appoint.

(6) The following provisions come into force on such day as the Scottish Ministers may by order appoint after consulting the Secretary of State—

(a) section 96 so far as it has effect for the purpose of conferring functions on the Scottish Ministers, and

(b) section 171 and Schedule 15.

(7) The following provisions come into force on such day as the Secretary of State may by order appoint after consulting the Scottish Ministers—

(a) sections 95, 98(2), 99(2) and (3), 100, 101 and 107, and

(b) paragraphs 1 and 6 of Schedule 6, and section 109 so far as relating to those paragraphs.

[F129 (7A) The following provisions, so far as they extend to Northern Ireland, come into force on such day as the Department of Justice in Northern Ireland may by order appoint—

(a) section 144 so far as it relates to Part 2 of Schedule 10,

(b) section 163(1),

(c) section 163(3) so far as it relates to paragraphs 4 and 10 of Schedule 14,

(d) Part 2 of Schedule 10, and

(e) paragraphs 4 and 10 of Schedule 14.]

(8) Otherwise, this Act comes into force on such day as the Secretary of State may by order appoint.

(9) Different days may be appointed for different purposes or different areas.

(10) The Secretary of State may by order make such provision as he considers appropriate for transitory, transitional or saving purposes in connection with the coming into force of any provision of this Act.

(11) The power conferred by subsection (10) is exercisable by the Scottish Ministers (rather than the Secretary of State) in connection with any provision of this Act which comes into force by order made by the Scottish Ministers.

[F130 (12) The power conferred by subsection (10) is exercisable by the Department of Justice in Northern Ireland (rather than the Secretary of State) in connection with any provision of this Act which comes into force by order made by the Department of Justice.]

Textual Amendments

F129 S. 178(7A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 26(2) (with arts. 28-31)

F130 S. 178(12) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 26(3) (with arts. 28-31)

179 Short title and extent U.K.

(1) This Act may be cited as the Serious Organised Crime and Police Act 2005.

(2) Subject to the following provisions, this Act extends to England and Wales only.

(3) The following extend also to Scotland—

(a) sections 1 to 54[F131 , 57 and][F131 and 56 to] 58,

(b) sections 60 to 68, 70, 79 to 96, 98 to 106, 107(1) and (4) and 108,

(c) section 123,

(d) section 131,

(e) sections 150 to 153, 156(6), 158, 163(1) and (2), 164, 165(1) and (2), 166(2), 167 and 171(1),

(f) sections 172, 173, 176 to 178 and this section,

(g) Schedules 1, 3, 5 and 15.

(4) The following extend to Scotland only—

(a) section 77 and 107(3),

(b) sections 129 and 130(3),

(c) sections 156(1) to (5), 166(1) and 171(2).

(5) The following extend also to Northern Ireland—

(a) sections 1 to 54[F132 , 57 and][F132 and 56 to] 58,

(b) sections [F133 60] to 75, 79 to 106, 107(1), (2) and (4) and 108,

(c) section 123(1),

(d) sections 128, 131 and 144,

(e) sections 150(1), 151, 163(1) and (2), 164, 165, 166(2) and 167,

(f) sections 172, 173, 176 to 178 and this section,

(g) Schedules 1, 3 and 5.

(6) The following extend to Northern Ireland only—

(a) section 55(2),

(b) section 78,

(c) section 130(2),

(d) Part 2 of Schedule 10.

(7) The following have the same extent as the enactments to which they relate—

(a) section 55(1) and Schedule 2,

(b) section 59 and Schedule 4,

(c) section 109 and Schedule 6,

(d) section 154,

(e) section 159 and Schedule 11,

(f) section 160 and Schedule 12,

(g) section 161(5) (so far as it has effect for the purposes of Part 2 of Schedule 13) and that Part of that Schedule,

(h) section 163(3) and Schedule 14,

(i) sections 169(5) and 170,

(j) (subject to subsection (8)) section 174(2) and Schedule 17.

(8) So far as Schedule 17 contains a repeal or revocation of an enactment which corresponds to the repeal or revocation of that enactment by another provision of this Act, that Schedule and section 174(2) have the same extent as that other provision.

(9) So far as they relate to any provision of this Act which extends to any place outside the United Kingdom, sections 172, 173, 177, 178 and this section also extend there.

(10) Subsection (2) does not apply to the following—

(a) section 168, or

(b) any provision of Schedule 7 which makes provision as to its extent.

Textual Amendments

F131 Words in s. 179(3)(a) substituted (E.W.S.) (1.1.2006) by Serious Organised Crime and Police Act 2005 (Amendment) Order 2005 (S.I. 2005/3496), arts. 1(1), 3

F132 Words in s. 179(5)(a) substituted (E.W.N.I.) (1.1.2006) by Serious Organised Crime and Police Act 2005 (Amendment) Order 2005 (S.I. 2005/3496), arts. 1(1), 4

F133 Word in s. 179(5)(b) substituted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 9; S.I. 2006/2966, art. 3

SCHEDULES

Section 1

F134 SCHEDULE 1 U.K. The Serious Organised Crime Agency

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F134 Sch. 1 omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 158 (with Sch. 8 para. 9); S.I. 2013/1682, art. 3(v)

Section 55

F135 SCHEDULE 2 E+W Functions of Independent Police Complaints Commission in relation to SOCA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F135 Sch. 2 omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 158 (with Sch. 8 para. 9); S.I. 2013/1682, art. 3(v)

Section 58

F136 SCHEDULE 3 U.K. Transfers to SOCA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F136 Sch. 3 omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 158 (with Sch. 8 para. 9); S.I. 2013/1682, art. 3(v)

Section 59

F137 SCHEDULE 4 E+W Minor and consequential amendments relating to SOCA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F137 Sch. 4 omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 158 (with Sch. 8 para. 9); S.I. 2013/1682, art. 3(v)

Section 82

SCHEDULE 5 U.K. Persons specified for the purposes of section 82

[F138 1 U.K. A person who is or might be, or who has been, a witness in legal proceedings (whether or not in the United Kingdom).

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I170 Sch. 5 para. 1 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I171 Sch. 5 para. 1 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

2 U.K. A person who has complied with a disclosure notice given to him by virtue of section 62(1).

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I172 Sch. 5 para. 2 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I173 Sch. 5 para. 2 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

3 (1) A person who has been given an immunity notice under section 71(1) if the notice continues to have effect in relation to him. U.K.

(2) A person who has been given a restricted use undertaking under section 72(1) if the undertaking continues to have effect in relation to him.

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I174 Sch. 5 para. 3 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I175 Sch. 5 para. 3 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

4 U.K. A person who is or has been a member of a jury.

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I176 Sch. 5 para. 4 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I177 Sch. 5 para. 4 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

5 U.K. A person who holds or has held judicial office (whether or not in the United Kingdom).

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I178 Sch. 5 para. 5 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I179 Sch. 5 para. 5 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

6 U.K. A person who is or has been a justice of the peace or who holds or has held a position comparable to that of a justice of the peace in a place outside the United Kingdom.

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I180 Sch. 5 para. 6 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I181 Sch. 5 para. 6 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

7 U.K. A person who is or has been a member of an international tribunal which has jurisdiction in criminal matters.

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I182 Sch. 5 para. 7 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I183 Sch. 5 para. 7 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

8 U.K. A person who conducts or has conducted criminal prosecutions (whether or not in the United Kingdom).

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I184 Sch. 5 para. 8 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I185 Sch. 5 para. 8 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

9 (1) A person who is or has been the Director of Public Prosecutions for England and Wales. U.K.

(2) A person who is or has been a member of staff of the Crown Prosecution Service for England and Wales.

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I186 Sch. 5 para. 9 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I187 Sch. 5 para. 9 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

10 (1) A person who is or has been the Director or deputy Director of Public Prosecutions for Northern Ireland. U.K.

(2) A person who is or has been a person appointed under Article 4(3) of the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I.1)) to assist the Director of Public Prosecutions for Northern Ireland.

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I188 Sch. 5 para. 10 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I189 Sch. 5 para. 10 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

11 U.K. A person who is or has been under the direction and control of the Lord Advocate in the Lord Advocate's capacity as head of the systems of criminal prosecution and investigation of deaths in Scotland.

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I190 Sch. 5 para. 11 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I191 Sch. 5 para. 11 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

12 (1) A person who F139 ... has been the Director of Revenue and Customs Prosecutions. U.K.

(2) A person who F139 ... has been a member of staff of the Revenue and Customs Prosecutions Office.

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

F139 Words in Sch. 5 para. 12 omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 43

Commencement Information

I192 Sch. 5 para. 12 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I193 Sch. 5 para. 12 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

13 U.K. A person who is or has been a constable.

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I194 Sch. 5 para. 13 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I195 Sch. 5 para. 13 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

14 U.K. A person who is or has been designated under—

(a) section 38(1) of the Police Reform Act 2002 (c. 30) (police powers for [F140 civilian staff]);

(b) section 30(1) of the Police (Northern Ireland) Act 2003 (c. 6) (police powers for designated police support staff).

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

F140 Words in Sch. 5 para. 14(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 350; S.I. 2011/3019, art. 3, Sch. 1

Commencement Information

I196 Sch. 5 para. 14 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I197 Sch. 5 para. 14 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

15 U.K. A person who is a police custody and security officer [F141 (as defined by section 99(1) of the Police and Fire Reform (Scotland) Act 2012)].

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

F141 Words in Sch. 5 para. 15 substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 48(15)(a)

Commencement Information

I198 Sch. 5 para. 15 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I199 Sch. 5 para. 15 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

16 U.K. A person who—

(a) is or has been an officer of Revenue and Customs;

(b) is or has been a member of staff of Her Majesty's Customs and Excise.

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I200 Sch. 5 para. 16 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I201 Sch. 5 para. 16 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

17 U.K. A person who is or has been a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 (c. 77).

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I202 Sch. 5 para. 17 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I203 Sch. 5 para. 17 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

[F142 17A U.K. A person who is or has been a National Crime Agency officer.]

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

F142 Sch. 5 para. 17A inserted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 165; S.I. 2013/1682, art. 3(v)

18 U.K. A person who is or has been a member of staff of SOCA.

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I204 Sch. 5 para. 18 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I205 Sch. 5 para. 18 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

19 (1) A person who is or has been the Director General of the National Criminal Intelligence Service or the Director General of the National Crime Squad. U.K.

(2) A person who is or has been under the direction and control of the Director General of the National Criminal Intelligence Service or the Director General of the National Crime Squad.

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I206 Sch. 5 para. 19 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I207 Sch. 5 para. 19 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

20 (1) A person who F143 ... has been the Director of the [F144 organisation known as the Scottish Drug Enforcement Agency and established under section 36(1)(a)(ii) of the Police (Scotland) Act 1967 (c. 77), that is to say a person who was engaged on central service (as defined by section 38(5) of that Act) and was appointed by the Scottish Ministers to exercise control in relation to the activities carried out in exercise of that organisation's functions]. U.K.

(2) A person who F145 ... has been under the direction and control of the Director of the Scottish Drug Enforcement Agency.

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

F143 Words in Sch. 5 para. 20(1) repealed (S.) (1.4.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), s. 104(1), Sch. 6 para. 13(11)(a)(i); S.S.I. 2007/84, art. 3(3) and words repealed (E.W.N.I.) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), art. 1(3), Sch. para. 6(12)(a)(i)

F144 Words in Sch. 5 para. 20(1) substituted (S.) (1.4.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), s. 104(1), Sch. 6 para. 13(11)(a)(i); S.S.I. 2007/84, art. 3(3) and words substituted (E.W.N.I.) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), art. 1(3), Sch. para. 6(12)(a)(ii)

F145 Words in Sch. 5 para. 20(2) repealed (S.) (1.4.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), s. 104(1), Sch. 6 para. 13(11)(a)(ii); S.S.I. 2007/84, art. 3(3) and words repealed (E.W.N.I.) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), art. 1(3), Sch. para. 6(12)(b)

Commencement Information

I208 Sch. 5 para. 20 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I209 Sch. 5 para. 20 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

[F146 20A (1) A person who F147 ... has been the Director General of the Scottish Crime and Drug Enforcement Agency. U.K.

(2) A person who F147 ... has been under the direction and control of the Director General of the Scottish Crime and Drug Enforcement Agency.]

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

F146 Sch. 5 para. 20A inserted (S.) (1.4.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), s. 104(1), Sch. 6 para. 13(11)(b); S.S.I. 2007/84, art. 3(3) and inserted (E.W.N.I.) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098), art. 1(3), Sch. para. 6(13)

F147 Words in Sch. 5 para. 20A omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 48(15)(b)

21 (1) A person who F148 ... has been the Director of the Assets Recovery Agency. U.K.

(2) A person who F149 ... has been a member of staff of the Assets Recovery Agency or a person with whom the Director of that Agency has made arrangements for the provision of services under section 1(4) of the Proceeds of Crime Act 2002 (c. 29).

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

F148 Words in Sch. 5 para. 21(1) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 175, Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)

F149 Words in Sch. 5 para. 21(2) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 175, Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)

Commencement Information

I210 Sch. 5 para. 21 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I211 Sch. 5 para. 21 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

22 (1) A person who is or has been the head of the Civil Recovery Unit, that is to say of the organisation known by that name which acts on behalf of the Scottish Ministers in proceedings under Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc. of unlawful conduct). U.K.

(2) A person who is or has been a member of staff of the Civil Recovery Unit.

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I212 Sch. 5 para. 22 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I213 Sch. 5 para. 22 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

23 (1) A person who is or has been a person appointed by virtue of section 246(1) of the Proceeds of Crime Act 2002 (c. 29) as an interim receiver. U.K.

(2) A person who assists or has assisted an interim receiver so appointed in the exercise of such functions as are mentioned in section 247 of that Act.

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I214 Sch. 5 para. 23 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I215 Sch. 5 para. 23 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

24 (1) A person who is or has been a person appointed by virtue of section 256(1) of the Proceeds of Crime Act 2002 as an interim administrator. U.K.

(2) A person who assists or has assisted an interim administrator so appointed in the exercise of such functions as are mentioned in section 257 of that Act.

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I216 Sch. 5 para. 24 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I217 Sch. 5 para. 24 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

25 (1) A person who is or has been the head of the Financial Crime Unit, that is to say of the organisation known by that name which, among other activities, acts on behalf of the Lord Advocate in proceedings under Part 3 of the Proceeds of Crime Act 2002 (confiscation: Scotland). U.K.

(2) A person who is or has been a member of staff of the Financial Crime Unit.

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I218 Sch. 5 para. 25 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I219 Sch. 5 para. 25 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

26 U.K. A person who is or has been a prison officer.

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I220 Sch. 5 para. 26 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I221 Sch. 5 para. 26 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

27 U.K. A person who is or has been a covert human intelligence source (within the meaning of section 26(8) of the Regulation of Investigatory Powers Act 2000 (c. 23) or of section 1(7) of the Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11)).

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I222 Sch. 5 para. 27 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I223 Sch. 5 para. 27 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

28 U.K. A person—

(a) who is a member of the family of a person specified in any of the preceding paragraphs;

(b) who lives or has lived in the same household as a person so specified;

(c) who has or has had a close personal relationship with a person so specified.]

Textual Amendments

F138 Sch. 5 repealed (E.W.S.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 178(6), 185(1) (with s. 178(7)); S.I. 2014/949, art. 3, Sch. para. 18

Commencement Information

I224 Sch. 5 para. 28 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I225 Sch. 5 para. 28 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

Section 109

SCHEDULE 6 E+W Minor and consequential amendments relating to Chapter 6 of Part 2

Prescription and Limitation (Scotland) Act 1973 (c. 52) E+W

1 E+W In section 19B(3) of the Prescription and Limitation (Scotland) Act 1973 (actions for recovery of property obtained through unlawful conduct etc.)—

(a) after paragraph (a) insert—

“(aa) an application is made for a prohibitory property order, or”, and

(b) for “earlier” substitute “ earliest ”.

Commencement Information

I226 Sch. 6 para. 1 in force at 1.1.2006 by S.I. 2005/3136, art. 2(b)

Limitation Act 1980 (c. 58) E+W

2 E+W In section 27A(3) of the Limitation Act 1980 (time limits for bringing proceedings for recovery order: when proceedings are brought)—

(a) after paragraph (a) insert—

“(aa) an application is made for a property freezing order, or”, and

(b) for “earlier” substitute “ earliest ”.

Commencement Information

I227 Sch. 6 para. 2 in force at 1.1.2006 by S.I. 2005/3136, art. 3(c)

Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) E+W

3 E+W In Article 72A(3) of the Limitation (Northern Ireland) Order 1989 (time limits for bringing proceedings for recovery order: when proceedings are brought)—

(a) after paragraph (a) insert—

“(aa) an application is made for a property freezing order, or”, and

(b) for “earlier” substitute “ earliest ”.

Commencement Information

I228 Sch. 6 para. 3 in force at 1.1.2006 by S.I. 2005/3136, art. 3(c)

Proceeds of Crime Act 2002 (c. 29) E+W

4 E+W The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

Commencement Information

I229 Sch. 6 para. 4 in force at 1.8.2005 by S.I. 2005/2026, art. 2(b)

5 E+W In section 82(f) (confiscation: England and Wales: property is free property if order under section 246 etc. applies to it)—

(a) after “section” insert “ 245A, ” and

(b) after “246,” insert “ 255A, 256, ”.

Commencement Information

I230 Sch. 6 para. 5 in force at 1.1.2006 by S.I. 2005/3136, art. 3(c)

6 E+W In section 148(f) (confiscation: Scotland: property is free property if order under section 246 etc. applies to it)—

(a) after “section” insert “ 245A, ” and

(b) after “246,” insert “ 255A, 256, ”.

Commencement Information

I231 Sch. 6 para. 6 in force at 1.1.2006 by S.I. 2005/3136, art. 2(b)

7 E+W In section 230(f) (confiscation: Northern Ireland: property is free property if order under section 246 etc. applies to it)—

(a) after “section” insert “ 245A, ” and

(b) after “246,” insert “ 255A, 256, ”.

Commencement Information

I232 Sch. 6 para. 7 in force at 1.1.2006 by S.I. 2005/3136, art. 3(c)

8 E+W In section 241(2)(a) (conduct occurring outside the United Kingdom that is unlawful conduct for the purposes of Part 5)—

(a) after “in a country” insert “ or territory ”, and

(b) for “of that country” substitute “ applying in that country or territory ”.

Commencement Information

I233 Sch. 6 para. 8 in force at 1.1.2006 by S.I. 2005/3136, art. 3(c)

9 E+W In section 243 (proceedings for recovery orders in England and Wales or Northern Ireland), after subsection (4) insert—

“(5) Nothing in sections 245A to 255 limits any power of the court apart from those sections to grant interim relief in connection with proceedings (including prospective proceedings) under this Chapter.”

Commencement Information

I234 Sch. 6 para. 9 in force at 1.1.2006 by S.I. 2005/3136, art. 3(c)

10 E+W Before section 248 (and its heading) insert the following heading— “ Property freezing orders and interim receiving orders: registration ”

Commencement Information

I235 Sch. 6 para. 10 in force at 1.1.2006 by S.I. 2005/3136, art. 3(c)

11 (1) Section 248 (registration: England and Wales) is amended as follows. E+W

(2) In subsection (1)(a), for “interim receiving orders” substitute “ property freezing orders, and in relation to interim receiving orders, ”.

(3) In subsection (1)(b), for “interim receiving orders” substitute “ property freezing orders, and in relation to applications for interim receiving orders, ”.

(4) In subsection (3), before “an interim receiving order” insert “ a property freezing order or ”.

Commencement Information

I236 Sch. 6 para. 11 in force at 1.1.2006 by S.I. 2005/3136, art. 3(c)

12 (1) Section 249 (registration: Northern Ireland) is amended as follows. E+W

(2) In subsection (1), after “applying for” insert “ a property freezing order or ”.

(3) In subsection (1)(b), for “an interim receiving order” substitute “ a property freezing order, or an interim receiving order, ”.

(4) After subsection (1) insert—

“(1A) Upon being served with a copy of a property freezing order, the Registrar must, in respect of any registered land to which a property freezing order or an application for a property freezing order relates, make an entry inhibiting any dealing with the land without the consent of the High Court.”

(5) In subsection (3), after “entry made under subsection” insert “ (1A) or ”.

(6) In subsection (4)—

(a) after “Where” insert “ a property freezing order or ”, and

(b) after “setting aside the” insert “ property freezing order or ”.

Commencement Information

I237 Sch. 6 para. 12 in force at 1.1.2006 by S.I. 2005/3136, art. 3(c)

13 E+W Before section 250 (and its heading) insert the following heading— “ Interim receiving orders: further provisions ”

Commencement Information

I238 Sch. 6 para. 13 in force at 1.1.2006 by S.I. 2005/3136, art. 3(c)

14 (1) Section 252 (interim receiving orders: prohibition on dealings) is amended as follows. E+W

(2) For subsection (4) (restriction on exclusions for legal expenses) substitute—

“(4) Where the court exercises the power to make an exclusion for the purpose of enabling a person to meet legal expenses that he has incurred, or may incur, in respect of proceedings under this Part, it must ensure that the exclusion—

(a) is limited to reasonable legal expenses that the person has reasonably incurred or that he reasonably incurs,

(b) specifies the total amount that may be released for legal expenses in pursuance of the exclusion, and

(c) is made subject to the required conditions (see section 286A) in addition to any conditions imposed under subsection (3).

(4A) The court, in deciding whether to make an exclusion for the purpose of enabling a person to meet legal expenses of his in respect of proceedings under this Part—

(a) must have regard (in particular) to the desirability of the person being represented in any proceedings under this Part in which he is a participant, and

(b) must, where the person is the respondent, disregard the possibility that legal representation of the person in any such proceedings might, were an exclusion not made, be funded by the Legal Services Commission or the Northern Ireland Legal Services Commission.”

(3) In subsection (6) (power to make exclusions not to be exercised so as to prejudice enforcement authority's rights to recover property), after “must” insert “ , subject to subsection (4A), ”.

Commencement Information

I239 Sch. 6 para. 14 in force at 1.1.2006 by S.I. 2005/3136, art. 3(c)

15 E+W In section 266 (recovery orders), after subsection (8) insert—

“(8A) A recovery order made by a court in England and Wales or Northern Ireland may provide for payment under section 280 of reasonable legal expenses that a person has reasonably incurred, or may reasonably incur, in respect of—

(a) the proceedings under this Part in which the order is made, or

(b) any related proceedings under this Part.

(8B) If regulations under section 286B apply to an item of expenditure, a sum in respect of the item is not payable under section 280 in pursuance of provision under subsection (8A) unless—

(a) the enforcement authority agrees to its payment, or

(b) the court has assessed the amount allowed by the regulations in respect of that item and the sum is paid in respect of the assessed amount.”

Commencement Information

I240 Sch. 6 para. 15 in force at 1.1.2006 by S.I. 2005/3136, art. 3(c)

16 E+W In section 271(4) (certain payments to trustee for civil recovery to be reduced to take account of loss caused by interim receiving order etc.)—

(a) in paragraph (a), for “an interim receiving order or” substitute “ a property freezing order, an interim receiving order, a prohibitory property order or an ”, and

(b) in paragraph (b), for “interim receiving order or interim administration order” substitute “ order mentioned in paragraph (a) ”.

Commencement Information

I241 Sch. 6 para. 16 in force at 1.1.2006 by S.I. 2005/3136, art. 3(c)

17 E+W In section 272(5) (provision in recovery orders for compensation for loss caused by interim receiving order etc.)—

(a) in paragraph (a), for “an interim receiving order or” substitute “ a property freezing order, an interim receiving order, a prohibitory property order or an ”, and

(b) in paragraph (b), for “interim receiving order or interim administration order” substitute “ order mentioned in paragraph (a) ”.

Commencement Information

I242 Sch. 6 para. 17 in force at 1.1.2006 by S.I. 2005/3136, art. 3(c)

18 E+W In section 280(2) (application of realised proceeds of recovery order)—

(a) after paragraph (a) insert—

“(aa) next, any payment of legal expenses which, after giving effect to section 266(8B), are payable under this subsection in pursuance of provision under section 266(8A) contained in the recovery order,” and

(b) in paragraph (b), for “second” substitute “ then ”.

Commencement Information

I243 Sch. 6 para. 18 in force at 1.1.2006 by S.I. 2005/3136, art. 3(c)

19 E+W In section 283 (compensation where interim receiving order etc. has applied)—

(a) in subsection (1), for “an interim receiving order or” substitute “ a property freezing order, an interim receiving order, a prohibitory property order or an ”, and

(b) in subsection (5), for “interim receiving order or interim administration order” substitute “ order mentioned in subsection (1) ”.

Commencement Information

I244 Sch. 6 para. 19 in force at 1.1.2006 by S.I. 2005/3136, art. 3(c)

20 E+W After section 286 insert—

“286A Legal expenses excluded from freezing: required conditions

(1) The Lord Chancellor may by regulations specify the required conditions for the purposes of section 245C(5) or 252(4).

(2) A required condition may (in particular)—

(a) restrict who may receive sums released in pursuance of the exclusion (by, for example, requiring released sums to be paid to professional legal advisers), or

(b) be made for the purpose of controlling the amount of any sum released in pursuance of the exclusion in respect of an item of expenditure.

(3) A required condition made for the purpose mentioned in subsection (2)(b) may (for example)—

(a) provide for sums to be released only with the agreement of the enforcement authority;

(b) provide for a sum to be released in respect of an item of expenditure only if the court has assessed the amount allowed by regulations under section 286B in respect of that item and the sum is released for payment of the assessed amount;

(c) provide for a sum to be released in respect of an item of expenditure only if—

(i) the enforcement authority agrees to its release, or

(ii) the court has assessed the amount allowed by regulations under section 286B in respect of that item and the sum is released for payment of the assessed amount.

(4) Before making regulations under this section, the Lord Chancellor must consult such persons as he considers appropriate.

286B Legal expenses: regulations for purposes of section 266(8B) or 286A(3)

(1) The Lord Chancellor may by regulations—

(a) make provision for the purposes of section 266(8B);

(b) make provision for the purposes of required conditions that make provision of the kind mentioned in section 286A(3)(b) or (c).

(2) Regulations under this section may (in particular)—

(a) limit the amount of remuneration allowable to representatives for a unit of time worked;

(b) limit the total amount of remuneration allowable to representatives for work done in connection with proceedings or a step in proceedings;

(c) limit the amount allowable in respect of an item of expense incurred by a representative or incurred, otherwise than in respect of the remuneration of a representative, by a party to proceedings.

(3) Before making regulations under this section, the Lord Chancellor must consult such persons as he considers appropriate.”

Commencement Information

I245 Sch. 6 para. 20 in force at 1.8.2005 by S.I. 2005/2026, art. 2(b)

21 E+W In section 287 (financial threshold for starting proceedings), in subsections (3) and (4) (threshold applies to applications made before proceedings started but does not apply after proceedings started or application made), for “an interim receiving order or” substitute “ a property freezing order, an interim receiving order, a prohibitory property order or an ”.

Commencement Information

I246 Sch. 6 para. 21 in force at 1.1.2006 by S.I. 2005/3136, art. 3(c)

22 (1) Section 316(1) (interpretation of Part 5) is amended as follows. E+W

(2) After the definition of “premises” insert—

““prohibitory property order” has the meaning given by section 255A(2);

“property freezing order” has the meaning given by section 245A(2);”.

(3) In paragraph (b) of the definition of “respondent”, for “an interim receiving order or” substitute “ a property freezing order, an interim receiving order, a prohibitory property order or an ”.

Commencement Information

I247 Sch. 6 para. 22 in force at 1.1.2006 by S.I. 2005/3136, art. 3(c)

23 E+W In section 432 (insolvency practitioners), in subsections (1)(b), (8)(a) and (9)(a), for “an interim receiving order made under section 246” substitute “ a property freezing order made under section 245A, an interim receiving order made under section 246, a prohibitory property order made under section 255A ”.

Commencement Information

I248 Sch. 6 para. 23 in force at 1.1.2006 by S.I. 2005/3136, art. 3(c)

Section 111

SCHEDULE 7 U.K. Powers of Arrest: supplementary

Part 1 E+W Specific repeals

Unlawful Drilling Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 1) E+W

1 E+W In section 2 of the Unlawful Drilling Act 1819 (power to disperse unlawful meeting), omit “, or for any other person acting in their aid or assistance,”.

Commencement Information

I249 Sch. 7 para. 1 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Vagrancy Act 1824 (c. 83) E+W

2 E+W Section 6 of the Vagrancy Act 1824 (power to apprehend) shall cease to have effect.

Commencement Information

I250 Sch. 7 para. 2 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Railway Regulation Act 1842 (c. 55) E+W

3 E+W Section 17 of the Railway Regulation Act 1842 (punishment of persons guilty of misconduct) shall cease to have effect.

Commencement Information

I251 Sch. 7 para. 3 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Companies Clauses Consolidation Act 1845 (c. 16) E+W

4 E+W In section 156 of the Companies Clauses Consolidation Act 1845 (transient offenders), omit “, and all persons called by him to his assistance,”.

Commencement Information

I252 Sch. 7 para. 4 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Railways Clauses Consolidation Act 1845 (c. 20) E+W

5 (1) The Railways Clauses Consolidation Act 1845 is amended as follows. E+W

(2) Section 104 (detention of offenders) shall cease to have effect.

(3) Section 154 (transient offenders) shall cease to have effect.

Commencement Information

I253 Sch. 7 para. 5 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Licensing Act 1872 (c. 94) E+W

6 E+W In section 12 of the Licensing Act 1872 (penalty on persons found drunk), omit “may be apprehended, and”.

Commencement Information

I254 Sch. 7 para. 6 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Public Stores Act 1875 (c. 25) E+W

7 E+W In section 12 of the Public Stores Act 1875 (powers of arrest and search), omit subsection (1).

Commencement Information

I255 Sch. 7 para. 7 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

London County Council (General Powers) Act 1894 (c. ccxii) E+W

8 E+W In section 7 of the London County Council (General Powers) Act 1894 (arrest for breach of byelaws), omit “and any person called to the assistance of such constable or person authorised”.

Commencement Information

I256 Sch. 7 para. 8 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

London County Council (General Powers) Act 1900 (c. cclxviii) E+W

9 E+W In section 27 of the London County Council (General Powers) Act 1900 (arrest for breach of byelaws), omit “and any person called to the assistance of such constable or officer”.

Commencement Information

I257 Sch. 7 para. 9 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Licensing Act 1902 (c. 28) E+W

10 (1) The Licensing Act 1902 is amended as follows. E+W

(2) In section 1 (apprehension of persons found drunk), omit “apprehended and”.

(3) In section 2 (being drunk in charge of a child), in subsection (1), omit “may be apprehended, and”.

Commencement Information

I258 Sch. 7 para. 10 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Protection of Animals Act 1911 (c. 27) E+W

11 E+W In section 12 of the Protection of Animals Act 1911 (powers of constables), omit subsection (1).

Commencement Information

I259 Sch. 7 para. 11 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Official Secrets Act 1911 (c. 28) E+W

12 E+W Section 6 of the Official Secrets Act 1911 (power of arrest) shall cease to have effect.

Commencement Information

I260 Sch. 7 para. 12 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6) E+W

13 E+W In section 7 of the Public Order Act 1936 (enforcement), omit subsection (3).

Commencement Information

I261 Sch. 7 para. 13 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Street Offences Act 1959 (c. 57) E+W

14 E+W In section 1 of the Street Offences Act 1959 (loitering or soliciting for purposes of prostitution), omit subsection (3).

Commencement Information

I262 Sch. 7 para. 14 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Criminal Justice Act 1967 (c. 80) E+W

15 E+W In section 91 of the Criminal Justice Act 1967 (drunkenness in a public place), in subsection (1), omit “may be arrested without warrant by any person and”.

Commencement Information

I263 Sch. 7 para. 15 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c. xxix) E+W

16 E+W In Article 19 (power of detention) of the Order set out in the Schedule to the Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967, omit “and any person called to the assistance of such constable or officer”.

Commencement Information

I264 Sch. 7 para. 16 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Theft Act 1968 (c. 60) E+W

17 E+W In section 25 of the Theft Act 1968 (going equipped for stealing etc.), omit subsection (4).

Commencement Information

I265 Sch. 7 para. 17 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Port of London Act 1968 (c. xxxii) E+W

18 E+W Section 170 of the Port of London Act 1968 (power of arrest) shall cease to have effect.

Commencement Information

I266 Sch. 7 para. 18 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Criminal Law Act 1977 (c. 45) E+W

19 (1) The Criminal Law Act 1977 is amended as follows. E+W

(2) In section 6 (violence for securing entry), omit subsection (6).

(3) In section 7 (adverse occupation of residential premises), omit subsection (6).

(4) In section 8 (trespassing with a weapon of offence), omit subsection (4).

(5) In section 9 (trespassing on premises of foreign missions, etc.), omit subsection (7).

(6) In section 10 (obstruction of certain officers executing process), in subsection (5), omit “A constable in uniform,”.

Commencement Information

I267 Sch. 7 para. 19 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Theft Act 1978 (c. 31) E+W

20 E+W In section 3 of the Theft Act 1978 (making off without payment), omit subsection (4).

Commencement Information

I268 Sch. 7 para. 20 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Animal Health Act 1981 (c. 22) E+W

21 (1) The Animal Health Act 1981 is amended as follows. E+W

(2) In section 61 (powers of arrest as to rabies), omit subsection (1).

(3) In section 62 (entry and search under section 61), omit subsection (1).

Commencement Information

I269 Sch. 7 para. 21 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Local Government (Miscellaneous Provisions) Act 1982 (c. 30) E+W

22 E+W In Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (control of sex establishments), omit paragraph 24.

Commencement Information

I270 Sch. 7 para. 22 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Aviation Security Act 1982 (c. 36) E+W

23 E+W In section 28 of the Aviation Security Act 1982 (byelaws for designated airports), omit subsection (3).

Commencement Information

I271 Sch. 7 para. 23 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Police and Criminal Evidence Act 1984 (c. 60) E+W

24 (1) The Police and Criminal Evidence Act 1984 is amended as follows. E+W

(2) In section 118 (general interpretation), in subsection (1), omit the definition of “arrestable offence”.

(3) Schedule 1A (specific offences which are arrestable offences) shall cease to have effect.

(4) In Schedule 2 (preserved powers of arrest), the following are omitted—

• the entry relating to the Military Lands Act 1892 (c. 43),

• the entry relating to the Protection of Animals Act 1911 (c. 27),

• the entry relating to the Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6),

• the entry relating to the Street Offences Act 1959 (c. 57),

• the entry relating to the Criminal Law Act 1977 (c. 45),

• the entry relating to the Animal Health Act 1981 (c. 22).

Commencement Information

I272 Sch. 7 para. 24 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57) E+W

25 E+W In section 7 of the Sporting Events (Control of Alcohol etc.) Act 1985 (powers of enforcement), in subsection (2), omit “, and may arrest such a person”.

Commencement Information

I273 Sch. 7 para. 25 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Public Order Act 1986 (c. 64) E+W

26 (1) The Public Order Act 1986 is amended as follows. E+W

(2) In section 3 (affray), omit subsection (6).

(3) In section 4 (fear or provocation of violence), omit subsection (3).

(4) In section 4A (intentional harassment, alarm or distress), omit subsection (4).

(5) In section 5 (harassment, alarm or distress), omit subsections (4) and (5).

(6) In section 12 (imposing conditions on public processions), omit subsection (7).

(7) In section 13 (prohibiting public processions), omit subsection (10).

(8) In section 14 (imposing conditions on public assemblies), omit subsection (7).

(9) In section 14B (offences in connection with trespassory assemblies), omit subsection (4).

(10) In section 14C (stopping persons from proceeding to trespassory assemblies), omit subsection (4).

(11) In section 18 (use of words or behaviour or display of written material), omit subsection (3).

Commencement Information

I274 Sch. 7 para. 26 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Road Traffic Act 1988 (c. 52) E+W

27 (1) The Road Traffic Act 1988 is amended as follows. E+W

(2) In section 4 (driving etc. under influence of drink or drugs), omit subsections (6) to (8).

(3) In section 163 of the Road Traffic Act 1988 (power of police to stop vehicles), omit subsection (4).

(4) The repeal of section 4(8) extends also to Scotland.

Commencement Information

I275 Sch. 7 para. 27 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Football Spectators Act 1989 (c. 37) E+W

28 E+W In section 2 of the Football Spectators Act 1989 (offences relating to unauthorised attendance at designated football matches), omit subsection (4).

Commencement Information

I276 Sch. 7 para. 28 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Transport and Works Act 1992 (c. 42) E+W

29 E+W In section 30 of the Transport and Works Act 1992 (powers of arrest and entry), omit subsections (1) and (3).

Commencement Information

I277 Sch. 7 para. 29 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) E+W

30 E+W In section 241 of the Trade Union and Labour Relations (Consolidation) Act 1992 (intimidation or annoyance), omit subsection (3).

Commencement Information

I278 Sch. 7 para. 30 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Criminal Justice and Public Order Act 1994 (c. 33) E+W

31 (1) The Criminal Justice and Public Order Act 1994 is amended as follows. E+W

(2) In section 61 (power to remove trespassers on land), omit subsection (5).

(3) In section 62B (failure to comply with direction under section 62A), omit subsection (4).

(4) In section 63 (powers to remove persons attending or preparing for a rave), omit subsection (8).

(5) In section 65 (raves: powers to stop persons from proceeding), omit subsection (5).

(6) In section 68 (offence of aggravated trespass), omit subsection (4).

(7) In section 69 (powers to remove persons committing or participating in aggravated trespass), omit subsection (5).

(8) In section 76 (interim possession orders: trespassing during currency of order), omit subsection (7).

Commencement Information

I279 Sch. 7 para. 31 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Reserve Forces Act 1996 (c. 14) E+W

32 E+W In Schedule 2 to the Reserve Forces Act 1996 (deserters and absentees without leave), omit paragraph 2(1).

Commencement Information

I280 Sch. 7 para. 32 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Confiscation of Alcohol (Young Persons) Act 1997 (c. 33) E+W

33 E+W In section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (confiscation of alcohol), omit subsection (5).

Commencement Information

I281 Sch. 7 para. 33 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Crime and Disorder Act 1998 (c. 37) E+W

34 E+W In section 31 of the Crime and Disorder Act 1998 (racially or religiously aggravated public order offences), omit subsections (2) and (3).

Commencement Information

I282 Sch. 7 para. 34 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Criminal Justice and Police Act 2001 (c. 16) E+W

35 E+W In the Criminal Justice and Police Act 2001—

(a) in section 42 (police directions stopping harassment etc. of a person in his home), omit subsection (8),

(b) in section 47 (application of offences relating to prostitution advertising to public structures), omit subsection (3).

Commencement Information

I283 Sch. 7 para. 35 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Anti-social Behaviour Act 2003 (c. 38) E+W

F150 36 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F150 Sch. 7 para. 36 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 50 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(dd)(viii) (as renumbered (20.10.2014) by S.I. 2014/2754, arts. 1, 3(b))

Hunting Act 2004 (c. 37) E+W

37 E+W Section 7 of the Hunting Act 2004 (arrest) shall cease to have effect.

Commencement Information

I284 Sch. 7 para. 37 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Part 2 E+W General repeal

38 E+W So much of the enactments set out in the second column of the Table below as confers a power of arrest without warrant upon—

(a) a constable, or

(b) persons in general (as distinct from persons of any description specified in or for the purposes of the enactment),

shall cease to have effect to the extent that it is not already spent.

Short title and chapter	Enactment affected
Unlawful Drilling Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 1)	Section 2 (power to disperse unlawful meeting).
Military Lands Act 1892 (c. 43)	Section 17(2) (powers relating to breaches of byelaws).
London County Council (General Powers) Act 1894 (c. ccxii)	Section 7 (arrest for breach of byelaws).
London County Council (General Powers) Act 1900 (c. cclxviii)	Section 27 (arrest for breach of byelaws).
Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c. xxix)	Article 19 (power of detention) of the Order set out in the Schedule.
Theft Act 1968 (c. 60)	In Schedule 1 (offences of taking or destroying fish), paragraph 2(4).
Lotteries and Amusements Act 1976 (c. 32)	In section 19 (search warrants), the second paragraph (b).
Animal Health Act 1981 (c. 22)	Section 60 (duties and authorities of constables).

Commencement Information

I285 Sch. 7 para. 38 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Part 3 U.K. Amendments relating to references to arrestable offences and serious arrestable offences

Criminal Law Act 1826 (c. 64) E+W

39 E+W In section 28 of the Criminal Law Act 1826 (which confers power to order the payment of compensation to those who have helped apprehend an offender), for “an arrestable offence” substitute “ an indictable offence ”.

Commencement Information

I286 Sch. 7 para. 39 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Criminal Law Act 1967 (c. 58) E+W

40 (1) The Criminal Law Act 1967 is amended as follows. E+W

(2) In section 4 (penalties for assisting offenders)—

(a) in subsection (1)—

(i) for “an arrestable offence” substitute “ a relevant offence ”,

(ii) for “other arrestable offence” substitute “ other relevant offence ”,

(b) for subsection (1A) substitute—

“(1A) In this section and section 5 below, “relevant offence” means—

(a) an offence for which the sentence is fixed by law,

(b) an offence for which a person of 18 years or over (not previously convicted) may be sentenced to imprisonment for a term of five years (or might be so sentenced but for the restrictions imposed by section 33 of the Magistrates' Courts Act 1980).”,

(c) in subsection (2), for “an arrestable offence” substitute “ a relevant offence ”.

(3) In section 5 (penalties for concealing offences or giving false information), in subsection (1)—

(a) for “an arrestable offence” substitute “ a relevant offence ”,

(b) for “other arrestable offence” substitute “ other relevant offence ”.

Commencement Information

I287 Sch. 7 para. 40 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Port of London Act 1968 (c. xxxii) E+W

41 (1) The Port of London Act 1968 is amended as follows. E+W

(2) In section 2 (interpretation), omit the definition of “arrestable offence”.

(3) In section 156 (powers of constables), in subsection (2), for “arrestable”, in each place where it occurs, substitute “ indictable ”.

Commencement Information

I288 Sch. 7 para. 41 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Solicitors Act 1974 (c. 47) E+W

42 (1) The Solicitors Act 1974 is amended as follows. E+W

F151 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In section 13B (suspension of practising certificates where solicitors convicted of fraud or serious crime), in subsection (1)(a), for sub-paragraph (ii) substitute—

“(ii) an indictable offence; and”.

Textual Amendments

F151 Sch. 7 para. 42(2) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(i)(xii)

Commencement Information

I289 Sch. 7 para. 42 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Police and Criminal Evidence Act 1984 (c. 60) E+W

43 (1) The Police and Criminal Evidence Act 1984 is amended as follows. E+W

(2) In section 4 (road checks)—

(a) for “a serious arrestable offence”, in each place where it occurs, substitute “ an indictable offence ”,

(b) in subsection (14), for “serious arrestable offence” substitute “ indictable offence ”.

(3) In section 8 (powers to authorise entry and search), for “a serious arrestable offence”, in both places, substitute “ an indictable offence ”.

(4) In section 17 (entry for purpose of arrest etc.), in subsection (1)(b), for “arrestable” substitute “ indictable ”.

(5) In section 18 (entry and search after arrest), in subsection (1), for “arrestable”, in both places, substitute “ indictable ”.

(6) In section 32 (search upon arrest), in subsection (2), for paragraph (b) substitute—

“(b) if the offence for which he has been arrested is an indictable offence, to enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence.”

(7) In section 42 (authorisation of continued detention), in subsection (1)(b), for “arrestable” substitute “ indictable ”.

(8) In section 43 (warrants of further detention), in subsection (4)(b), for “a serious arrestable offence” substitute “ an indictable offence ”.

(9) In section 56 (right to have someone informed when arrested)—

(a) in each of subsections (2)(a) and (5)(a), for “a serious arrestable offence” substitute “ an indictable offence ”,

(b) in subsection (5A)(a), for “the serious arrestable offence” substitute “ the indictable offence ”.

(10) In section 58 (access to legal advice)—

(a) in each of subsections (6)(a) and (8)(a), for “a serious arrestable offence” substitute “ an indictable offence ”,

(b) in subsection (8A)(a), for “the serious arrestable offence” substitute “ the indictable offence ”.

(11) In section 114A (power to apply Act to officers of Secretary of State), in subsection (2)(c), for “a serious arrestable offence”, in both places, substitute “ an indictable offence ”.

(12) Section 116 (meaning of “serious arrestable offence”) shall cease to have effect.

(13) In Schedule 1 (special procedure material), in paragraph 2(a)(i), for “a serious arrestable offence” substitute “ an indictable offence ”.

(14) Schedule 5 (serious arrestable offences) shall cease to have effect.

Commencement Information

I290 Sch. 7 para. 43 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Administration of Justice Act 1985 (c. 61) E+W

44 E+W In section 16 of the Administration of Justice Act 1985 (conditional licences for licensed conveyancers), in subsection (1)(ia), for “a serious arrestable offence (as defined by section 116 of the Police and Criminal Evidence Act 1984)” substitute “ an indictable offence ”.

Commencement Information

I291 Sch. 7 para. 44 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Housing Act 1985 (c. 68) E+W

45 E+W In Part 1 of Schedule 2 to the Housing Act 1985 (which sets out grounds upon which a court may, if it considers it reasonable, order possession of dwelling-houses let under secure tenancies), in Ground 2, in paragraph (b)(ii), for “arrestable” substitute “ indictable ”.

Commencement Information

I292 Sch. 7 para. 45 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Housing Act 1988 (c. 50) E+W

46 E+W In Part 2 of Schedule 2 to the Housing Act 1988 (which sets out grounds on which a court may order possession of dwelling-houses let on assured tenancies), in Ground 14, in paragraph (b)(ii), for “arrestable” substitute “ indictable ”.

Commencement Information

I293 Sch. 7 para. 46 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

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

47 (1) The Criminal Justice and Public Order Act 1994 is amended as follows. U.K.

(2) In section 137 (cross-border powers of arrest etc.)—

(a) in subsection (1), for “conditions applicable to this subsection are” substitute “ condition applicable to this subsection is ”,

(b) for subsection (4) substitute—

“(4) The condition applicable to subsection (1) above is that it appears to the constable that it would have been lawful for him to have exercised the powers had the suspected person been in England and Wales.”,

(c) in subsection (9), for the definition of “ “arrestable offence” and “designated police station”” substitute—

““arrestable offence” has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (“the 1989 Order”);

“designated police station” has the same meaning as in the Police and Criminal Evidence Act 1984 or, in relation to Northern Ireland, as in the 1989 Order; and”.

(3) In section 138 (provisions supplementing section 137), in subsection (3), for “subsections (4)(b) and (6)(b)” substitute “ subsection (6)(b) ”.

(4) In section 140 (reciprocal powers of arrest), in subsection (1), for “section 24(6) or (7) or 25” substitute “ section 24 ”.

(5) This paragraph extends to the whole of the United Kingdom.

Commencement Information

I294 Sch. 7 para. 47 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

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

48 (1) In Schedule 8 to the Terrorism Act 2000 (detention), in paragraph 8 (which relates to the rights of a person detained under Schedule 7 to or section 41 of that Act)— U.K.

(a) in sub-paragraph (4), for “serious arrestable offence”, in each place where it occurs, substitute “ serious offence ”,

(b) in sub-paragraph (9), for the words before paragraph (a) substitute “ In this paragraph, references to a “serious offence” are (in relation to England and Wales) to an indictable offence, and (in relation to Northern Ireland) to a serious arrestable offence within the meaning of Article 87 of the Police and Criminal Evidence (Northern Ireland) Order 1989; but also include— ”.

(2) This paragraph extends to the whole of the United Kingdom.

Commencement Information

I295 Sch. 7 para. 48 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

International Criminal Court Act 2001 (c. 17) E+W+N.I.

49 (1) The International Criminal Court Act 2001 is amended as follows. E+W+N.I.

(2) In section 33 (entry, search and seizure), in subsection (2), for “a serious arrestable offence” substitute “ (in the case of Part 2 of the 1984 Act) to an indictable offence or (in the case of Part III of the 1989 Order) to a serious arrestable offence ”.

(3) In section 55 (meaning of “ancillary offence” under the law of England and Wales), in subsection (5), in each of paragraphs (a) and (b), for “an arrestable offence” substitute “ a relevant offence ”.

(4) This paragraph extends to England and Wales and to Northern Ireland (but not to Scotland).

Commencement Information

I296 Sch. 7 para. 49 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Armed Forces Act 2001 (c. 19) E+W

F152 50 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F152 Sch. 7 para. 50 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Crime (International Co-operation) Act 2003 (c. 32) U.K.

51 (1) The Crime (International Co-operation) Act 2003 is amended as follows. U.K.

(2) In section 16 (extension of statutory search powers in England and Wales and Northern Ireland), in subsection (1)—

(a) for “serious arrestable offences” substitute “ indictable offences ”,

(b) in paragraph (b), for “a serious arrestable offence” substitute “ an indictable offence ”.

(3) In section 17 (warrants in England and Wales or Northern Ireland), in subsection (3)—

(a) for paragraph (b) substitute—

“(b) the conduct constituting the offence which is the subject of the proceedings or investigation would (if it occurred in England and Wales) constitute an indictable offence, or (if it occurred in Northern Ireland) constitute an arrestable offence, and”,

(b) in the definition of “arrestable offence”, omit the words “the Police and Criminal Evidence Act 1984 (c. 60) or (as the case may be)”.

(4) This paragraph extends to the whole of the United Kingdom.

Commencement Information

I297 Sch. 7 para. 51 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Part 4 E+W+S Other amendments

Game Laws (Amendment) Act 1960 (c. 36) E+W

52 (1) The Game Laws (Amendment) Act 1960 is amended as follows. E+W

(2) In section 2 (power of police to enter on land), in subsection (1)(b), for “section 25” substitute “ section 24 ”.

(3) In section 4 (further provisions as to seizure and forfeiture), in subsection (1), for “section 25” substitute “ section 24 ”.

Commencement Information

I298 Sch. 7 para. 52 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Immigration Act 1971 (c. 77) E+W

53 E+W In section 28A of the Immigration Act 1971 (arrest without warrant), in each of subsections (1) and (9A), for “A constable or” substitute “ An ”.

Commencement Information

I299 Sch. 7 para. 53 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Customs and Excise Management Act 1979 (c. 2) E+W

54 E+W In section 138 of the Customs and Excise Management Act 1979 (provisions about arrest), in subsection (4)(b), after “section 24” insert “ or 24A ”. This paragraph has the same extent as that Act.

Commencement Information

I300 Sch. 7 para. 54 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Animal Health Act 1981 (c. 22) E+W

55 (1) The Animal Health Act 1981 is amended as follows. E+W

(2) In section 61 (powers of arrest as to rabies)—

(a) in subsection (2), after “applies” insert “ for the purposes of section 17(1)(caa) of the Police and Criminal Evidence Act 1984 ”,

(b) for the heading substitute “ Powers of entry and search in relation to rabies offences ”.

(3) For the heading to section 62 (entry and search under section 61) substitute “ Entry and search in exercise of powers to seize animals ”.

Commencement Information

I301 Sch. 7 para. 55 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Wildlife and Countryside Act 1981 (c. 69) E+W+S

56 E+W+S In section 19 of the Wildlife and Countryside Act 1981 (enforcement), in subsection (2), for “section 25” substitute “ section 24 ”. This paragraph extends also to Scotland.

Commencement Information

I302 Sch. 7 para. 56 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Aviation Security Act 1982 (c. 36) E+W

57 E+W In section 13 of the Aviation Security Act 1982 (power to require aerodrome managers to promote searches at airports), in subsection (5)(a), for “25” substitute “ 24A ”. This paragraph has the same extent as that Act.

Commencement Information

I303 Sch. 7 para. 57 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Police and Criminal Evidence Act 1984 (c. 60) E+W

58 E+W In section 17 of the Police and Criminal Evidence Act 1984 (entry for purpose of arrest etc.), in subsection (1)—

(a) for paragraph (c)(iiia) substitute—

“(iiia) section 4 (driving etc. when under influence of drink or drugs) or 163 (failure to stop when required to do so by constable in uniform) of the Road Traffic Act 1988;

(iiib) section 27 of the Transport and Works Act 1992 (which relates to offences involving drink or drugs);”,

(b) after paragraph (ca) insert—

“(caa) of arresting a person for an offence to which section 61 of the Animal Health Act 1981 applies;”.

Commencement Information

I304 Sch. 7 para. 58 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Road Traffic Act 1988 (c. 52) E+W

59 E+W In section 184 of the Road Traffic Act 1988 (application of sections 5 to 10 of that Act to persons subject to service discipline), for subsection (2) substitute—

“(2) A member of the provost staff may arrest a person for the time being subject to service discipline without warrant if he has reasonable cause to suspect that that person is or has been committing an offence under section 4.

(2A) The power conferred by subsection (2) is exercisable outside as well as within Great Britain.”This paragraph has the same extent as section 184 of that Act.

Commencement Information

I305 Sch. 7 para. 59 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Aviation and Maritime Security Act 1990 (c. 31) E+W

60 E+W In section 22 of the Aviation and Maritime Security Act 1990 (power to require harbour authorities to promote searches in harbour areas), in subsection (10)(a), for “25” substitute “ 24A ”. This paragraph has the same extent as that Act.

Commencement Information

I306 Sch. 7 para. 60 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Deer Act 1991 (c. 54) E+W

61 E+W In section 12 of the Deer Act 1991 (powers of search, arrest and seizure), in subsection (2)(b), for “section 25” substitute “ section 24 ”.

Commencement Information

I307 Sch. 7 para. 61 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Gangmasters (Licensing) Act 2004 (c. 11) E+W

62 E+W The Gangmasters (Licensing) Act 2004 is amended as follows—

(a) in section 14 (offences: supplementary), in subsection (1), for “section 24(4) and (5)” substitute “ section 24A ”,

(b) in Schedule 2 (application of Act to Northern Ireland), in paragraph 14, for “section 24(4) and (5)” substitute “ section 24A ”.

This paragraph has the same extent as that Act.

Commencement Information

I308 Sch. 7 para. 62 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) E+W

63 E+W The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 is amended as follows—

(a) in section 2 (entering U.K. without passport, etc.), in subsection (10), for “a constable or” substitute “ an ”,

(b) in section 35 (deportation or removal: cooperation), in subsection (5), for “a constable or” substitute “ an ”.

Commencement Information

I309 Sch. 7 para. 63 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(m)

Section 122

SCHEDULE 8 E+W Powers of designated and accredited persons

Part 1 E+W Designated persons

1 E+W Schedule 4 to the Police Reform Act 2002 (c. 30) (powers exercisable by police civilians) is amended as follows.

Commencement Information

I310 Sch. 8 para. 1 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(i)

Community support officers E+W

2 E+W After paragraph 1 insert—

“1A “Power to require name and address

(1) This paragraph applies if a designation applies it to any person.

(2) Such a designation may specify that, in relation to that person, the application of sub-paragraph (3) is confined to one or more only (and not to all) relevant offences or relevant licensing offences, being in each case specified in the designation.

(3) Subject to sub-paragraph (4), where that person has reason to believe that another person has committed a relevant offence in the relevant police area, or a relevant licensing offence (whether or not in the relevant police area), he may require that other person to give him his name and address.

(4) The power to impose a requirement under sub-paragraph (3) in relation to an offence under a relevant byelaw is exercisable only in a place to which the byelaw relates.

(5) A person who fails to comply with a requirement under sub-paragraph (3) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6) In its application to an offence which is an offence by reference to which a notice may be given to a person in exercise of the power mentioned in paragraph 1(2)(aa), sub-paragraph (3) of this paragraph shall have effect as if for the words “has committed a relevant offence in the relevant police area” there were substituted “ in the relevant police area has committed a relevant offence ”.

(7) In this paragraph, “relevant offence”, “relevant licensing offence” and “relevant byelaw” have the meaning given in paragraph 2 (reading accordingly the references to “this paragraph” in paragraph 2(6)).”

Commencement Information

I311 Sch. 8 para. 2 in force at 1.7.2005 for specified purposes by S.I. 2005/1521, art. 3(1)(i)

I312 Sch. 8 para. 2 in force at 1.1.2006 in so far as not already in force by S.I. 2005/3495, art. 2(1)(r)

3 (1) Paragraph 2 (power to detain etc.) is amended as follows. E+W

(2) For sub-paragraph (2) substitute—

“(2) A designation may not apply this paragraph to any person unless a designation also applies paragraph 1A to him.”

(3) In sub-paragraph (3)—

(a) for “sub-paragraph (2)” substitute “ paragraph 1A(3) ”,

(b) at the end add the following new sentence— “ This sub-paragraph does not apply if the requirement was imposed in connection with a relevant licensing offence mentioned in paragraph (a), (c) or (f) of sub-paragraph (6A) believed to have been committed on licensed premises (within the meaning of the Licensing Act 2003). ”

(4) After sub-paragraph (3) insert—

“(3A) Where—

(a) a designation applies this paragraph to any person (“the CSO”); and

(b) by virtue of a designation under paragraph 1A the CSO has the power to impose a requirement under sub-paragraph (3) of that paragraph in relation to an offence under a relevant byelaw,

the CSO shall also have any power a constable has under the relevant byelaw to remove a person from a place.

(3B) Where a person to whom this paragraph applies (“the CSO”) has reason to believe that another person is committing an offence under section 3 or 4 of the Vagrancy Act 1824, and requires him to stop doing whatever gives rise to that belief, the CSO may, if the other person fails to stop as required, require him to wait with the CSO, for a period not exceeding thirty minutes, for the arrival of a constable.”

(5) In sub-paragraph (4), after “(3)” insert “ or (3B) ”.

(6) In sub-paragraph (5)—

(a) omit paragraph (a),

(b) in paragraph (b), after “(3)” insert “ or (3B) ”.

(7) In sub-paragraph (6), after the paragraph (ab) inserted by paragraph 13(2) of Schedule 13 to this Act, insert—

“(ac) an offence under section 3 or 4 of the Vagrancy Act 1824; or

(ad) an offence under a relevant byelaw; or”.

(8) After sub-paragraph (6) insert—

“(6A) In this paragraph “relevant licensing offence” means an offence under any of the following provisions of the Licensing Act 2003—

(a) section 141 (otherwise than by virtue of subsection (2)(c) or (3) of that section);

(b) section 142;

(c) section 146(1);

(d) section 149(1)(a), (3)(a) or (4)(a);

(e) section 150(1);

(f) section 150(2) (otherwise than by virtue of subsection (3)(b) of that section);

(g) section 152(1) (excluding paragraph (b)).

(6B) In this paragraph “relevant byelaw” means a byelaw included in a list of byelaws which—

(a) have been made by a relevant body with authority to make byelaws for any place within the relevant police area; and

(b) the chief officer of the police force for the relevant police area and the relevant body have agreed to include in the list.

(6C) The list must be published by the chief officer in such a way as to bring it to the attention of members of the public in localities where the byelaws in the list apply.

(6D) A list of byelaws mentioned in sub-paragraph (6B) may be amended from time to time by agreement between the chief officer and the relevant body in question, by adding byelaws to it or removing byelaws from it, and the amended list shall also be published by the chief officer as mentioned in sub-paragraph (6C).

(6E) A relevant body for the purposes of sub-paragraph (6B) is—

(a) in England, a county council, a district council, a London borough council or a parish council; or in Wales, a county council, a county borough council or a community council;

(b) the Greater London Authority;

(c) Transport for London;

(d) a metropolitan county passenger transport authority established under section 28 of the Local Government Act 1985;

(e) any body specified in an order made by the Secretary of State.

(6F) An order under sub-paragraph (6E)(e) may provide, in relation to any body specified in the order, that the agreement mentioned in sub-paragraph (6B)(b) and (6D) is to be made between the chief officer and the Secretary of State (rather than between the chief officer and the relevant body).”

(9) Omit sub-paragraph (7).

(10) At the end add—

“(8) The application of any provision of this paragraph by paragraph 3(2), 3A(2) or 7A(8) has no effect unless a designation under this paragraph has applied this paragraph to the CSO in question.”

Commencement Information

I313 Sch. 8 para. 3(1) (2) (3)(a) (4)-(7) (9) (10) in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(i)

I314 Sch. 8 para. 3(3)(b) in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(r)

I315 Sch. 8 para. 3(8) in force at 1.7.2005 for specified purposes by S.I. 2005/1521, art. 3(1)(i)

I316 Sch. 8 para. 3(8) in force at 1.1.2006 in so far as not already in force by S.I. 2005/3495, art. 2(1)(r)

4 E+W After paragraph 2 insert—

“2A “Powers to search individuals and to seize and retain items

(1) Where a designation applies this paragraph to any person, that person shall (subject to sub-paragraph (3)) have the powers mentioned in sub-paragraph (2) in relation to a person upon whom he has imposed a requirement to wait under paragraph 2(3) or (3B) (whether or not that person makes an election under paragraph 2(4)).

(2) Those powers are the same powers as a constable has under section 32 of the 1984 Act in relation to a person arrested at a place other than a police station—

(a) to search the arrested person if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others; and to seize and retain anything he finds on exercising that power, if the constable has reasonable grounds for believing that the person being searched might use it to cause physical injury to himself or to any other person;

(b) to search the arrested person for anything which he might use to assist him to escape from lawful custody; and to seize and retain anything he finds on exercising that power (other than an item subject to legal privilege) if the constable has reasonable grounds for believing that the person being searched might use it to assist him to escape from lawful custody.

(3) If in exercise of the power conferred by sub-paragraph (1) the person to whom this paragraph applies seizes and retains anything by virtue of sub-paragraph (2), he must—

(a) tell the person from whom it was seized where inquiries about its recovery may be made; and

(b) comply with a constable's instructions about what to do with it.”

Commencement Information

I317 Sch. 8 para. 4 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(r)

5 E+W In paragraph 3 (power to require name and address of person acting in anti-social manner), in sub-paragraph (2), for “sub-paragraph (2) of that paragraph” substitute “ paragraph 1A(3) ”.

Commencement Information

I318 Sch. 8 para. 5 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(i)

6 E+W After paragraph 3 insert—

“3A “Power to require name and address: road traffic offences

(1) Where a designation applies this paragraph to any person, that person shall, in the relevant police area, have the powers of a constable—

(a) under subsection (1) of section 165 of the Road Traffic Act 1988 to require a person mentioned in paragraph (c) of that subsection who he has reasonable cause to believe has committed, in the relevant police area, an offence under subsection (1) or (2) of section 35 of that Act (including that section as extended by paragraphs 11B(4) and 12(2) of this Schedule) to give his name and address; and

(b) under section 169 of that Act to require a person committing an offence under section 37 of that Act (including that section as extended by paragraphs 11B(4) and 12(2) of this Schedule) to give his name and address.

(2) Sub-paragraphs (3) to (5) of paragraph 2 apply in the case of a requirement imposed by virtue of sub-paragraph (1) as they apply in the case of a requirement under paragraph 1A(3).

(3) The reference in section 169 of the Road Traffic Act 1988 to section 37 of that Act is to be taken to include a reference to that section as extended by paragraphs 11B(4) and 12(2) of this Schedule.”

Commencement Information

I319 Sch. 8 para. 6 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(i)

7 E+W In paragraph 4 (power to use reasonable force to detain person)—

(a) in sub-paragraph (2)(b), after “paragraph” insert “ 1A or ”,

(b) in sub-paragraph (3), for “paragraph 2(2)” substitute “ paragraph 1A(3) ”.

Commencement Information

I320 Sch. 8 para. 7 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(i)

8 E+W After paragraph 7 insert—

“7A “Search and seizure powers: alcohol and tobacco

(1) Where a designation applies this paragraph to any person (“the CSO”), the CSO shall have the powers set out below.

(2) Where—

(a) in exercise of the powers referred to in paragraph 5 or 6 the CSO has imposed, under section 12(2) of the Criminal Justice and Police Act 2001 or under section 1 of the Confiscation of Alcohol (Young Persons) Act 1997, a requirement on a person to surrender alcohol or a container for alcohol;

(b) that person fails to comply with that requirement; and

(c) the CSO reasonably believes that the person has alcohol or a container for alcohol in his possession,

the CSO may search him for it.

(3) Where—

(a) in exercise of the powers referred to in paragraph 7 the CSO has sought to seize something which by virtue of that paragraph he has a power to seize;

(b) the person from whom he sought to seize it fails to surrender it; and

(c) the CSO reasonably believes that the person has it in his possession,

the CSO may search him for it.

(4) The power to search conferred by sub-paragraph (2) or (3)—

(a) is to do so only to the extent that is reasonably required for the purpose of discovering whatever the CSO is searching for; and

(b) does not authorise the CSO to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves.

(5) A person who without reasonable excuse fails to consent to being searched is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6) A CSO who proposes to exercise the power to search a person under sub-paragraph (2) or (3) must inform him that failing without reasonable excuse to consent to being searched is an offence.

(7) If the person in question fails to consent to being searched, the CSO may require him to give the CSO his name and address.

(8) Sub-paragraph (3) of paragraph 2 applies in the case of a requirement imposed by virtue of sub-paragraph (7) as it applies in the case of a requirement under paragraph 1A(3); and sub-paragraphs (4) to (5) of paragraph 2 also apply accordingly.

(9) If on searching the person the CSO discovers what he is searching for, he may seize it and dispose of it.

7B Powers to seize and detain: controlled drugs

(1) Where a designation applies this paragraph to any person (“the CSO”), the CSO shall, within the relevant police area, have the powers set out in sub-paragraphs (2) and (3).

(2) If the CSO—

(a) finds a controlled drug in a person's possession (whether or not he finds it in the course of searching the person by virtue of a designation under any paragraph of this Schedule); and

(b) reasonably believes that it is unlawful for the person to be in possession of it,

the CSO may seize it and retain it.

(3) If the CSO—

(a) finds a controlled drug in a person's possession (as mentioned in sub-paragraph (2)); or

(b) reasonably believes that a person is in possession of a controlled drug,

and reasonably believes that it is unlawful for the person to be in possession of it, the CSO may require him to give the CSO his name and address.

(4) If in exercise of the power conferred by sub-paragraph (2) the CSO seizes and retains a controlled drug, he must—

(a) if the person from whom it was seized maintains that he was lawfully in possession of it, tell the person where inquiries about its recovery may be made; and

(b) comply with a constable's instructions about what to do with it.

(5) A person who fails to comply with a requirement under sub-paragraph (3) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6) In this paragraph, “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971.

7C Powers to seize and detain: controlled drugs

(1) Sub-paragraph (2) applies where a designation applies this paragraph to any person (“the CSO”).

(2) If the CSO imposes a requirement on a person under paragraph 7B(3)—

(a) sub-paragraph (3) of paragraph 2 applies in the case of such a requirement as it applies in the case of a requirement under paragraph 1A(3); and

(b) sub-paragraphs (4) to (5) of paragraph 2 also apply accordingly.”

Commencement Information

I321 Sch. 8 para. 8 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(r)

9 E+W After paragraph 8 insert—

“8A “Entry to investigate licensing offences

(1) Where a designation applies this paragraph to any person, that person shall have the powers of a constable under section 180 of the Licensing Act 2003 to enter and search premises other than clubs in the relevant police area, but only in respect of a relevant licensing offence (as defined for the purposes of paragraph 2).

(2) Except as mentioned in sub-paragraph (3), a person to whom this paragraph applies shall not, in exercise of the power conferred by sub-paragraph (1), enter any premises except in the company, and under the supervision, of a constable.

(3) The prohibition in sub-paragraph (2) does not apply in relation to premises in respect of which the person to whom this paragraph applies reasonably believes that a premises licence under Part 3 of the Licensing Act 2003 authorises the sale of alcohol for consumption off the premises.”

Commencement Information

I322 Sch. 8 para. 9 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(r)

10 E+W After paragraph 11A insert—

“11B “Power to control traffic for purposes other than escorting a load of exceptional dimensions

(1) Where a designation applies this paragraph to any person, that person shall have, in the relevant police area—

(a) the power of a constable engaged in the regulation of traffic in a road to direct a person driving or propelling a vehicle to stop the vehicle or to make it proceed in, or keep to, a particular line of traffic;

(b) the power of a constable in uniform engaged in the regulation of vehicular traffic in a road to direct a person on foot to stop proceeding along or across the carriageway.

(2) The purposes for which those powers may be exercised do not include the purpose mentioned in paragraph 12(1).

(3) Where a designation applies this paragraph to any person, that person shall also have, in the relevant police area, the power of a constable, for the purposes of a traffic survey, to direct a person driving or propelling a vehicle to stop the vehicle, to make it proceed in, or keep to, a particular line of traffic, or to proceed to a particular point on or near the road.

(4) Sections 35 and 37 of the Road Traffic Act 1988 (offences of failing to comply with directions of constable engaged in regulation of traffic in a road) shall have effect in relation to the exercise of the powers mentioned in sub-paragraphs (1) and (3), for the purposes for which they may be exercised and by a person whose designation applies this paragraph to him, as if the references to a constable were references to him.

(5) A designation may not apply this paragraph to any person unless a designation also applies paragraph 3A to him.”

Commencement Information

I323 Sch. 8 para. 10 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(i)

11 E+W After paragraph 13 insert—

“13A “Power to place traffic signs

(1) Where a designation applies this paragraph to any person, that person shall have, in the relevant police area, the powers of a constable under section 67 of the Road Traffic Regulation Act 1984 to place and maintain traffic signs.

(2) Section 36 of the Road Traffic Act 1988 (drivers to comply with traffic directions) shall apply to signs placed in the exercise of the powers conferred by virtue of sub-paragraph (1).”

Commencement Information

I324 Sch. 8 para. 11 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(i)

12 E+W After paragraph 15 insert—

“15ZA “Photographing of persons arrested, detained or given fixed penalty notices

Where a designation applies this paragraph to any person, that person shall, within the relevant police area, have the power of a constable under section 64A(1A) of the 1984 Act (photographing of suspects etc.) to take a photograph of a person elsewhere than at a police station.”

Commencement Information

I325 Sch. 8 para. 12 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(r)

Investigating officers E+W

13 E+W In paragraph 16 (search warrants)—

(a) in paragraph (a), for “in the relevant police area” substitute “ whether in the relevant police area or not ”,

(b) in paragraph (e), for “in respect of premises in the relevant police area” substitute “ , but in respect of premises in the relevant police area only, ”.

Commencement Information

I326 Sch. 8 para. 13 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(i)

14 E+W After paragraph 16 insert—

“16A Where a designation applies this paragraph to any person—

(a) the persons to whom a warrant may be addressed under section 26 of the Theft Act 1968 (search for stolen goods) shall, in relation to persons or premises in the relevant police area, include that person; and

(b) in relation to such a warrant addressed to him, that person shall have the powers under subsection (3) of that section.

16B Where a designation applies this paragraph to any person, subsection (3), and (to the extent that it applies subsection (3)) subsection (3A), of section 23 of the Misuse of Drugs Act 1971 (powers to search and obtain evidence) shall have effect as if, in relation to premises in the relevant police area, the reference to a constable included a reference to that person.”

Commencement Information

I327 Sch. 8 para. 14 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(i)

15 E+W In paragraph 17 (access to excluded and special procedure material)—

(a) in paragraph (b)(ii), at the end add “ (in the case of a specific premises warrant) or any premises, whether in the relevant police area or not (in the case of an all premises warrant); ”,

(b) in paragraph (bc), for “in respect of premises in the relevant police area” substitute “ , but in respect of premises in the relevant police area only, ”.

Commencement Information

I328 Sch. 8 para. 15 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(i)

Detention officers E+W

16 E+W After paragraph 33 insert—

“33A “Taking of impressions of footwear

Where a designation applies this paragraph to any person—

(a) he shall, at any police station in the relevant police area, have the powers of a constable under section 61A of the 1984 Act (impressions of footwear) to take impressions of a person's footwear without the appropriate consent; and

(b) the requirement by virtue of section 61A(5)(a) of the 1984 Act that a person must be informed by an officer that an impression of his footwear may be the subject of a speculative search shall be capable of being discharged, in the case of a person at such a station, by his being so informed by the person to whom this paragraph applies.”

Commencement Information

I329 Sch. 8 para. 16 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(r)

Part 2 E+W Accredited persons

17 E+W Schedule 5 to the Police Reform Act 2002 (c. 30) (powers exercisable by accredited persons) is amended as follows.

Commencement Information

I330 Sch. 8 para. 17 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(i)

18 E+W In paragraph 2 (power to require giving of name and address), in sub-paragraph (3), after paragraph (a) insert—

“(aa) an offence under section 3 or 4 of the Vagrancy Act 1824; or”.

Commencement Information

I331 Sch. 8 para. 18 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(i)

19 E+W After paragraph 3 insert—

“3A “Power to require name and address: road traffic offences

(1) An accredited person whose accreditation specifies that this paragraph applies to him shall, in the relevant police area, have the powers of a constable—

(a) under subsection (1) of section 165 of the Road Traffic Act 1988 to require a person mentioned in paragraph (c) of that subsection who he has reasonable cause to believe has committed, in the relevant police area, an offence under subsection (1) or (2) of section 35 of that Act (including that section as extended by paragraphs 8B(4) and 9(2) of this Schedule) to give his name and address; and

(b) under section 169 of that Act to require a person committing an offence under section 37 of that Act (including that section as extended by paragraphs 8B(4) and 9(2) of this Schedule) to give his name and address.

(2) The reference in section 169 of the Road Traffic Act 1988 to section 37 of that Act is to be taken to include a reference to that section as extended by paragraphs 8B(4) and 9(2) of this Schedule.”

Commencement Information

I332 Sch. 8 para. 19 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(i)

20 E+W After paragraph 8A insert—

“8B “Power to control traffic for purposes other than escorting a load of exceptional dimensions

(1) A person whose accreditation specifies that this paragraph applies to him shall have, in the relevant police area—

(a) the power of a constable engaged in the regulation of traffic in a road to direct a person driving or propelling a vehicle to stop the vehicle or to make it proceed in, or keep to, a particular line of traffic;

(b) the power of a constable in uniform engaged in the regulation of vehicular traffic in a road to direct a person on foot to stop proceeding along or across the carriageway.

(2) The purposes for which those powers may be exercised do not include the purpose mentioned in paragraph 9(1).

(3) A person whose accreditation specifies that this paragraph applies to him shall also have, in the relevant police area, the power of a constable, for the purposes of a traffic survey, to direct a person driving or propelling a vehicle to stop the vehicle, to make it proceed in, or keep to, a particular line of traffic, or to proceed to a particular point on or near the road.

(4) Sections 35 and 37 of the Road Traffic Act 1988 (offences of failing to comply with directions of constable engaged in regulation of traffic in a road) shall have effect in relation to the exercise of the powers mentioned in sub-paragraphs (1) and (3), for the purposes for which they may be exercised and by a person whose accreditation specifies that this paragraph applies to him, as if the references to a constable were references to him.

(5) A person's accreditation may not specify that this paragraph applies to him unless it also specifies that paragraph 3A applies to him.”

Commencement Information

I333 Sch. 8 para. 20 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(i)

21 E+W After paragraph 9 insert—

“9ZA “Photographing of persons given fixed penalty notices

An accredited person whose accreditation specifies that this paragraph applies to him shall, within the relevant police area, have the power of a constable under section 64A(1A) of the 1984 Act (photographing of suspects etc.) to take a photograph, elsewhere than at a police station, of a person to whom the accredited person has given a penalty notice (or as the case may be a fixed penalty notice) in exercise of any power mentioned in paragraph 1(2).”

Commencement Information

I334 Sch. 8 para. 21 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(r)

Section 122

SCHEDULE 9 E+W Additional powers and duties of designated persons

1 E+W Schedule 4 to the Police Reform Act 2002 (c. 30) (powers exercisable by police civilians) is amended as follows.

Commencement Information

I335 Sch. 9 para. 1 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(j)

Community Support Officers E+W

2 E+W In paragraph 2 (power to detain etc.), after sub-paragraph (4) insert—

“(4A) If a person has imposed a requirement under sub-paragraph (3) or (3B) on another person (“P”), and P does not make an election under sub-paragraph (4), the person imposing the requirement shall, if a constable arrives within the thirty-minute period, be under a duty to remain with the constable and P until he has transferred control of P to the constable.

(4B) If, following an election under sub-paragraph (4), the person imposing the requirement under sub-paragraph (3) or (3B) (“the CSO”) takes the person upon whom it is imposed (“P”) to a police station, the CSO—

(a) shall be under a duty to remain at the police station until he has transferred control of P to the custody officer there;

(b) until he has so transferred control of P, shall be treated for all purposes as having P in his lawful custody; and

(c) for so long as he is at the police station, or in its immediate vicinity, in compliance with, or having complied with, his duty under paragraph (a), shall be under a duty to prevent P's escape and to assist in keeping P under control.”

Commencement Information

I336 Sch. 9 para. 2 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(j)

3 E+W In paragraph 4 (power to use reasonable force to detain person)—

(a) in sub-paragraph (2)(b), after “relevant offences” insert “ or relevant licensing offences ”,

(b) in sub-paragraph (3), after “making off” insert “ and to keep him under control ”.

Commencement Information

I337 Sch. 9 para. 3 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(j)

4 E+W After paragraph 4 insert—

“4ZA Where a designation applies this paragraph to any person, that person may, if he has imposed a requirement on any person to wait with him under paragraph 2(3B) or by virtue of paragraph 7A(8) or 7C(2)(a), use reasonable force to prevent that other person from making off and to keep him under control while he is either—

(a) subject to that requirement; or

(b) accompanying the designated person to a police station in accordance with an election made under paragraph 2(4).

4ZB Where a designation applies this paragraph to any person, that person, if he is complying with any duty under sub-paragraph (4A) or (4B) of paragraph 2, may use reasonable force to prevent P (as identified in those sub-paragraphs) from making off (or escaping) and to keep him under control.”

Commencement Information

I338 Sch. 9 para. 4 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(j)

Investigating officers E+W

5 E+W In paragraph 22 (power to transfer persons into custody of investigating officers), in sub-paragraph (2)—

(a) in paragraph (b), after “duty” insert “ to keep that person under control and ”,

(b) in paragraph (c), at the end add “ and under his control ”.

Commencement Information

I339 Sch. 9 para. 5 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(j)

6 E+W After paragraph 22 insert—

“Powers in respect of detained persons E+W

22A Where a designation applies this paragraph to any person, he shall be under a duty, when in the course of his employment he is present at a police station—

(a) to assist any officer or other designated person to keep any person detained at the police station under control; and

(b) to prevent the escape of any such person,

and for those purposes shall be entitled to use reasonable force.”

Commencement Information

I340 Sch. 9 para. 6 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(j)

Detention officers E+W

7 E+W After paragraph 33A (inserted by paragraph 16 of Schedule 8 to this Act) insert—

“Powers in respect of detained persons E+W

33B Where a designation applies this paragraph to any person, he shall be under a duty, when in the course of his employment he is present at a police station—

(a) to keep under control any person detained at the police station and for whom he is for the time being responsible;

(b) to assist any officer or other designated person to keep any other person detained at the police station under control; and

(c) to prevent the escape of any such person as is mentioned in paragraph (a) or (b),

and for those purposes shall be entitled to use reasonable force.

Powers in respect of detained persons E+W

33C Where a designation applies this paragraph to any person, he shall be entitled to use reasonable force when—

(a) securing, or assisting an officer or another designated person to secure, the detention of a person detained at a police station in the relevant police area, or

(b) escorting within a police station in the relevant police area, or assisting an officer or another designated person to escort within such a police station, a person detained there.”

Commencement Information

I341 Sch. 9 para. 7 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(j)

Escort officers E+W

8 (1) Paragraph 34 (power to take an arrested person to a police station) is amended as follows. E+W

(2) In sub-paragraph (1)(c)—

(a) in paragraph (ii), after “duty” insert “ to keep the person under control and ”,

(b) in paragraph (iii), at the end add “ and under his control ”.

(3) After sub-paragraph (1)(c) add—

“(d) a person who has taken another person to a police station in exercise of the power conferred by virtue of paragraph (a)—

(i) shall be under a duty to remain at the police station until he has transferred control of the other person to the custody officer at the police station;

(ii) until he has so transferred control of the other person, shall be treated for all purposes as having that person in his lawful custody;

(iii) for so long as he is at the police station or in its immediate vicinity in compliance with, or having complied with, his duty under sub-paragraph (i), shall be under a duty to prevent the escape of the other person and to assist in keeping him under control; and

(iv) shall be entitled to use reasonable force for the purpose of complying with his duty under sub-paragraph (iii).”

Commencement Information

I342 Sch. 9 para. 8 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(j)

9 (1) Paragraph 35 (escort of persons in police detention) is amended as follows. E+W

(2) In sub-paragraph (3)—

(a) in paragraph (b), after “duty” insert “ to keep the person under control and ”,

(b) in paragraph (c), at the end add “ and under his control ”.

(3) After sub-paragraph (3) insert—

“(3A) A person who has escorted another person to a police station or other place in accordance with an authorisation under sub-paragraph (1) or (2) —

(a) shall be under a duty to remain at the police station or other place until he has transferred control of the other person to a custody officer or other responsible person there;

(b) until he has so transferred control of the other person, shall be treated for all purposes as having that person in his lawful custody;

(c) for so long as he is at the police station or other place, or in its immediate vicinity, in compliance with, or having complied with, his duty under paragraph (a), shall be under a duty to prevent the escape of the other person and to assist in keeping him under control; and

(d) shall be entitled to use reasonable force for the purpose of complying with his duty under paragraph (c).”

Commencement Information

I343 Sch. 9 para. 9 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(j)

Prospective

Staff custody officers E+W

F153 10 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F153 Sch. 9 para. 10 repealed (12.1.2009) by Policing and Crime Act 2009 (c. 26), s. 116(6)(b), Sch. 8 Pt. 13

Section 144

SCHEDULE 10 E+W+N.I. Parental compensation orders

Part 1 E+W England and Wales

1 E+W The Crime and Disorder Act 1998 (c. 37) is amended as provided in paragraphs 2 to 5.

Commencement Information

I344 Sch. 10 para. 1 in force at 20.7.2006 for specified purposes by S.I. 2006/1871, art. 2

2 E+W After section 13 insert—

“13A Parental compensation orders

(1) A magistrates' court may make an order under this section (a “parental compensation order”) if on the application of a local authority it is satisfied, on the civil standard of proof—

(a) that the condition mentioned in subsection (2) below is fulfilled with respect to a child under the age of 10; and

(b) that it would be desirable to make the order in the interests of preventing a repetition of the behaviour in question.

(2) The condition is that the child has taken, or caused loss of or damage to, property in the course of—

(a) committing an act which, if he had been aged 10 or over, would have constituted an offence; or

(b) acting in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself.

(3) A parental compensation order is an order which requires any person specified in the order who is a parent or guardian of the child (other than a local authority) to pay compensation of an amount specified in the order to any person or persons specified in the order who is, or are, affected by the taking of the property or its loss or damage.

(4) The amount of compensation specified may not exceed £5,000 in all.

(5) The Secretary of State may by order amend subsection (4) above so as to substitute a different amount.

(6) For the purposes of collection and enforcement, a parental compensation order is to be treated as if it were a sum adjudged to be paid on the conviction by the magistrates' court which made the order of the person or persons specified in the order as liable to pay the compensation.

(7) In this section and sections 13B and 13C below, “local authority” has the same meaning as in the 1989 Act.

13B Parental compensation orders: the compensation

(1) When specifying the amount of compensation for the purposes of section 13A(3) above, the magistrates' court shall take into account—

(a) the value of the property taken or damaged, or whose loss was caused, by the child;

(b) any further loss which flowed from the taking of or damage to the property, or from its loss;

(c) whether the child, or any parent or guardian of his, has already paid any compensation for the property (and if so, how much);

(d) whether the child, or any parent or guardian of his, has already made any reparation (and if so, what it consisted of);

(e) the means of those to be specified in the order as liable to pay the compensation, so far as the court can ascertain them;

(f) whether there was any lack of care on the part of the person affected by the taking of the property or its loss or damage which made it easier for the child to take or damage the property or to cause its loss.

(2) If property taken is recovered before compensation is ordered to be paid in respect of it—

(a) the court shall not order any such compensation to be payable in respect of it if it is not damaged;

(b) if it is damaged, the damage shall be treated for the purposes of making a parental compensation order as having been caused by the child, regardless of how it was caused and who caused it.

(3) The court shall specify in the order how and by when the compensation is to be paid (for example, it may specify that the compensation is to be paid by instalments, and specify the date by which each instalment must be paid).

(4) For the purpose of ascertaining the means of the parent or guardian, the court may, before specifying the amount of compensation, order him to provide the court, within such period as it may specify in the order, such a statement of his financial circumstances as the court may require.

(5) A person who without reasonable excuse fails to comply with an order under subsection (4) above is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) If, in providing a statement of his financial circumstances pursuant to an order under subsection (4) above, a person—

(a) makes a statement which he knows to be false in a material particular;

(b) recklessly provides a statement which is false in a material particular; or

(c) knowingly fails to disclose any material fact,

he is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7) Proceedings in respect of an offence under subsection (6) above may, despite anything in section 127(1) of the 1980 Act (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months of its first discovery by the local authority, whichever period expires earlier.

13C Parental compensation orders: supplemental

(1) Before deciding whether or not to make a parental compensation order in favour of any person, the magistrates' court shall take into account the views of that person about whether a parental compensation order should be made in his favour.

(2) Before making a parental compensation order, the magistrates' court shall obtain and consider information about the child's family circumstances and the likely effect of the order on those circumstances.

(3) Before making a parental compensation order, a magistrates' court shall explain to the parent or guardian of the child in ordinary language—

(a) the effect of the order and of the requirements proposed to be included in it;

(b) the consequences which may follow (under subsection (4)(b) below) as a result of failure to comply with any of those requirements;

(c) that the court has power (under subsection (4)(a) below) to review the order on the application either of the parent or guardian or of the local authority.

(4) A magistrates' court which has made a parental compensation order may make an order under subsection (5) below if while the order is in force—

(a) it appears to the court, on the application of the local authority, or the parent or guardian subject to the order, that it is appropriate to make an order under subsection (5); or

(b) it is proved to the satisfaction of the court, on the application of the local authority, that the parent or guardian subject to it has failed to comply with any requirement included in the order.

(5) An order under this subsection is an order discharging the parental compensation order or varying it—

(a) by cancelling any provision included in it; or

(b) by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.

(6) Where an application under subsection (4) above for the discharge of a parental compensation order is dismissed, no further application for its discharge shall be made under that subsection by any person except with the consent of the court which made the order.

(7) References in this section to the magistrates' court which made a parental compensation order include any magistrates' court acting in the same local justice area as that court.

13D Parental compensation orders: appeal

(1) If a magistrates' court makes a parental compensation order, the parent or guardian may appeal against the making of the order, or against the amount of compensation specified in the order.

(2) The appeal lies to the Crown Court.

(3) On the appeal the Crown Court—

(a) may make such orders as may be necessary to give effect to its determination of the appeal;

(b) may also make such incidental or consequential orders as appear to it to be just.

(4) Any order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates' court) shall, for the purposes of section 13C above, be treated as if it were an order of the magistrates' court from which the appeal was brought and not an order of the Crown Court.

(5) A person in whose favour a parental compensation order is made shall not be entitled to receive any compensation under it until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.

13E Effect of parental compensation order on subsequent award of damages in civil proceedings

(1) This section has effect where—

(a) a parental compensation order has been made in favour of any person in respect of any taking or loss of property or damage to it; and

(b) a claim by him in civil proceedings for damages in respect of the taking, loss or damage is then to be determined.

(2) The damages in the civil proceedings shall be assessed without regard to the parental compensation order, but the claimant may recover only an amount equal to the aggregate of the following—

(a) any amount by which they exceed the compensation; and

(b) a sum equal to any portion of the compensation which he fails to recover.

(3) The claimant may not enforce the judgment, so far as it relates to such a sum as is mentioned in subsection (2)(b) above, without the permission of the court.”

Commencement Information

I345 Sch. 10 para. 2 in force at 20.7.2006 for specified purposes by S.I. 2006/1871, art. 2

3 (1) Section 8 (parenting orders) is amended as follows. E+W

(2) In subsection (1), after paragraph (a) insert—

“(aa) a parental compensation order is made in relation to a child's behaviour;”.

(3) In subsection (6)(a)—

(a) after “paragraph (a)” insert “ , (aa) ”,

F154 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F154 Sch. 10 para. 3(3)(b) repealed (23.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 50 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(f)(xii)

Commencement Information

I346 Sch. 10 para. 3 in force at 20.7.2006 for specified purposes by S.I. 2006/1871, art. 2

4 E+W In section 18 (interpretation of Chapter 1), in subsection (1), after the definition of “local child curfew scheme” insert—

““parental compensation order” has the meaning given by section 13A(1) above;”.

Commencement Information

I347 Sch. 10 para. 4 in force at 20.7.2006 for specified purposes by S.I. 2006/1871, art. 2

5 E+W In section 114 (orders and regulations), in subsection (3), after “section” insert “ 13A(5), ”.

Commencement Information

I348 Sch. 10 para. 5 in force at 20.7.2006 for specified purposes by S.I. 2006/1871, art. 2

6 E+W The amendments made by paragraph 2 of this Schedule do not apply in relation to any conduct which occurred before the coming into force of that paragraph.

Commencement Information

I349 Sch. 10 para. 6 in force at 20.7.2006 for specified purposes by S.I. 2006/1871, art. 2

Prospective

Part 2 N.I. Northern Ireland

7 N.I. The Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) is amended as provided in paragraphs 8 and 9.

8 N.I. After Article 36 insert—

“36ZA Parental compensation orders

(1) A magistrates' court may make an order under this Article (a “parental compensation order”) if on the application of a person of a description specified for the purpose in an order made by the Secretary of State (referred to in this Article and in Articles 36ZB and 36ZC as the “applicant”) the court is satisfied, on the civil standard of proof—

(a) that the condition mentioned in paragraph (2) is fulfilled with respect to a child under the age of 10; and

(b) that it would be desirable to make the order in the interests of preventing a repetition of the behaviour in question.

(2) The condition is that the child has taken, or caused loss of or damage to, property in the course of—

(a) committing an act which, if he had been aged 10 or over, would have constituted an offence; or

(b) acting in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself.

(3) A parental compensation order is an order which requires any person specified in the order who is a parent or guardian of the child to pay compensation of an amount specified in the order to any person or persons specified in the order who is, or are, affected by the taking of the property or its loss or damage.

(4) The amount of compensation specified may not exceed £5,000 in all.

(5) The Secretary of State may by order amend paragraph (4) so as to substitute a different amount.

(6) For the purposes of collection and enforcement, a parental compensation order is to be treated as if it were a sum adjudged to be paid on the conviction by the magistrates' court which made the order of the person or persons specified in the order as liable to pay the compensation.

(7) An order under paragraph (1) or (5) is subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such an order.

36ZB Parental compensation orders: the compensation

(1) When specifying the amount of compensation for the purposes of Article 36ZA(3), the magistrates' court shall take into account—

(a) the value of the property taken or damaged, or whose loss was caused, by the child;

(b) any further loss which flowed from the taking of or damage to the property, or from its loss;

(c) whether the child, or any parent or guardian of his, has already paid any compensation for the property (and if so, how much);

(d) whether the child, or any parent or guardian of his, has already made any reparation (and if so, what it consisted of);

(e) the means of those to be specified in the order as liable to pay the compensation, so far as the court can ascertain them;

(f) whether there was any lack of care on the part of the person affected by the taking of the property or its loss or damage which made it easier for the child to take or damage the property or to cause its loss.

(2) If property taken is recovered before compensation is ordered to be paid in respect of it—

(a) the court shall not order any such compensation to be payable in respect of it if it is not damaged;

(b) if it is damaged, the damage shall be treated for the purposes of making a parental compensation order as having been caused by the child, regardless of how it was caused and who caused it.

(3) The court shall specify in the order how and by when the compensation is to be paid (for example, it may specify that the compensation is to be paid by instalments, and specify the date by which each instalment must be paid).

(4) For the purpose of ascertaining the means of the parent or guardian, the court may, before specifying the amount of compensation, order him to provide the court, within such period as it may specify in the order, such a statement of his financial circumstances as the court may require.

(5) A person who without reasonable excuse fails to comply with an order under paragraph (4) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) If, in providing a statement of his financial circumstances pursuant to an order under paragraph (4), a person—

(a) makes a statement which he knows to be false in a material particular;

(b) recklessly provides a statement which is false in a material particular; or

(c) knowingly fails to disclose any material fact,

he is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7) Proceedings in respect of an offence under paragraph (6) may, despite anything in Article 19 of the Magistrates' Courts (Northern Ireland) Order 1981 (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months of its first discovery by the applicant, whichever period expires earlier.

(8) Paragraphs (1)(e) and (4) to (7) do not apply in the case of an order specifying an authority as liable to pay the compensation.

36ZC Parental compensation orders: supplemental

(1) Before deciding whether or not to make a parental compensation order in favour of any person, the magistrates' court shall take into account the views of that person about whether a parental compensation order should be made in his favour.

(2) Before making a parental compensation order, the magistrates' court shall obtain and consider information about the child's family circumstances and the likely effect of the order on those circumstances.

(3) Before making a parental compensation order, a magistrates' court shall explain to the parent or guardian of the child in ordinary language—

(a) the effect of the order and of the requirements proposed to be included in it;

(b) the consequences which may follow (under paragraph (4)(b)) as a result of failure to comply with any of those requirements;

(c) that the court has power (under paragraph (4)(a)) to review the order on the application either of the parent or guardian or of the applicant.

(4) A magistrates' court which has made a parental compensation order may make an order under paragraph (5) if while the order is in force—

(a) it appears to the court, on the application of the applicant, or the parent or guardian subject to the order, that it is appropriate to make an order under paragraph (5); or

(b) it is proved to the satisfaction of the court, on the application of the applicant, that the parent or guardian subject to it has failed to comply with any requirement included in the order.

(5) An order under this paragraph is an order discharging the parental compensation order or varying it—

(a) by cancelling any provision included in it; or

(b) by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.

(6) Where an application under paragraph (4) for the discharge of a parental compensation order is dismissed, no further application for its discharge shall be made under that paragraph by any person except with the consent of the court which made the order.

(7) References in this Article to the magistrates' court which made a parental compensation order include any magistrates' court acting for the same county court division as that court.

36ZD Parental compensation orders: appeal

(1) If a magistrates' court makes a parental compensation order, the parent or guardian may appeal against the making of the order, or against the amount of compensation specified in the order.

(2) The appeal lies to the county court.

(3) On the appeal the county court—

(a) may make such orders as may be necessary to give effect to its determination of the appeal;

(b) may also make such incidental or consequential orders as appear to it to be just.

(4) Any order of the county court made on an appeal under this Article (other than one directing that an application be re-heard by a magistrates' court) shall, for the purposes of Article 36ZC, be treated as if it were an order of the magistrates' court from which the appeal was brought and not an order of the county court.

(5) A person in whose favour a parental compensation order is made shall not be entitled to receive any compensation under it until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.

36ZE Effect of parental compensation order on subsequent award of damages in civil proceedings

(1) This Article has effect where—

(a) a parental compensation order has been made in favour of any person in respect of any taking or loss of property or damage to it; and

(b) a claim by him in civil proceedings for damages in respect of the taking, loss or damage is then to be determined.

(2) The damages in the civil proceedings shall be assessed without regard to the parental compensation order, but the claimant may recover only an amount equal to the aggregate of the following—

(a) any amount by which they exceed the compensation; and

(b) a sum equal to any portion of the compensation which he fails to recover.

(3) The claimant may not enforce the judgment, so far as it relates to such a sum as is mentioned in paragraph (2)(b), without the leave of the court.”

9 N.I. In Article 2 (interpretation), in paragraph (2), in the appropriate place insert—

““parental compensation order” has the meaning given by Article 36ZA(1);”.

10 N.I. The amendments made by paragraph 8 of this Schedule do not apply in relation to any conduct which occurred before the coming into force of that paragraph.

Section 159

SCHEDULE 11 E+W Investigations into conduct of police officers: accelerated procedure in special cases

1 E+W Schedule 3 to the Police Reform Act 2002 (c. 30) is amended as follows.

Commencement Information

I350 Sch. 11 para. 1 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(v)

2 E+W In paragraph 20(1)—

(a) for “until” substitute “until—

(a) the appropriate authority has certified the case as a special case under paragraph 20B(3) or 20E(3), or”; and

(b) the words from “a report” to the end become paragraph (b).

Commencement Information

I351 Sch. 11 para. 2 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(v)

3 E+W After paragraph 20 insert—

“Accelerated procedure in special cases E+W

20A (1) If, at any time before the completion of his investigation, a person appointed or designated to investigate a complaint or recordable conduct matter believes that the appropriate authority would, on consideration of the matter, be likely to consider that the special conditions are satisfied, he shall proceed in accordance with the following provisions of this paragraph.

(2) If the person was appointed under paragraph 16, he shall submit to the appropriate authority—

(a) a statement of his belief and the grounds for it; and

(b) a written report on his investigation to that point;

and if he was appointed following a determination made by the Commission under paragraph 15 he shall send a copy of the statement and the report to the Commission.

(3) If the person was appointed under paragraph 17 or 18 or designated under paragraph 19, he shall submit to the appropriate authority—

(a) a statement of his belief and the grounds for it; and

(b) a written report on his investigation to that point;

and shall send a copy of the statement and the report to the Commission.

(4) A person submitting a report under this paragraph shall not be prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters in his report as he thinks fit.

(5) A statement and report may be submitted under this paragraph whether or not a previous statement and report have been submitted; but a second or subsequent statement and report may be submitted only if the person submitting them has grounds to believe that the appropriate authority will reach a different determination under paragraph 20B(2) or 20E(2).

(6) After submitting a report under this paragraph, the person appointed or designated to investigate the complaint or recordable conduct matter shall continue his investigation to such extent as he considers appropriate.

(7) The special conditions are that—

(a) the person whose conduct is the subject matter of the investigation may have committed an imprisonable offence and that person's conduct is of a serious nature;

(b) there is sufficient evidence, in the form of written statements or other documents, to establish on the balance of probabilities that conduct justifying dismissal took place; and

(c) it is in the public interest for the person whose conduct is the subject matter of the investigation to cease to be a member of a police force, or to be a special constable, without delay.

(8) In sub-paragraph (7)—

(a) in paragraph (a), “imprisonable offence” means an offence which is punishable with imprisonment in the case of a person aged 21 or over; and

(b) in paragraph (b), “conduct justifying dismissal” means conduct which is so serious that disciplinary proceedings brought in respect of it would be likely to result in a dismissal.

(9) In paragraphs 20B to 20H “special report” means a report submitted under this paragraph.

Investigations managed or carried out by Commission: action by appropriate authority E+W

20B (1) This paragraph applies where —

(a) a statement and special report on an investigation carried out under the management of the Commission, or

(b) a statement and special report on an investigation carried out by a person designated by the Commission,

are submitted to the appropriate authority under paragraph 20A(3).

(2) The appropriate authority shall determine whether the special conditions are satisfied.

(3) If the appropriate authority determines that the special conditions are satisfied then, unless it considers that the circumstances are such as to make it inappropriate to do so, it shall—

(a) certify the case as a special case for the purposes of Regulation 11 of the Police (Conduct) Regulations 2004 (S.I. 2004/645); and

(b) subject to any request made under paragraph 20G(1), take such steps as are required by that Regulation in relation to a case so certified.

(4) The reference in sub-paragraph (3) to Regulation 11 includes a reference to any corresponding provision replacing that Regulation.

(5) If the appropriate authority determines that the special conditions are satisfied then it shall notify the Director of Public Prosecutions of its determination and send him a copy of the special report.

(6) The appropriate authority shall notify the Commission of a certification under sub-paragraph (3).

(7) If the appropriate authority determines—

(a) that the special conditions are not satisfied, or

(b) that, although those conditions are satisfied, the circumstances are such as to make it inappropriate at present to bring disciplinary proceedings,

it shall submit to the Commission a memorandum under this sub-paragraph.

(8) The memorandum required to be submitted under sub-paragraph (7) is one which—

(a) notifies the Commission of its determination that those conditions are not satisfied or (as the case may be) that they are so satisfied but the circumstances are such as to make it inappropriate at present to bring disciplinary proceedings; and

(b) (in either case) sets out its reasons for so determining.

(9) In this paragraph “special conditions” has the meaning given by paragraph 20A(7).

Investigations managed or carried out by Commission: action by Commission E+W

20C (1) On receipt of a notification under paragraph 20B(6), the Commission shall give a notification—

(a) in the case of a complaint, to the complainant and to every person entitled to be kept properly informed in relation to the complaint under section 21; and

(b) in the case of a recordable conduct matter, to every person entitled to be kept properly informed in relation to that matter under that section.

(2) The notification required by sub-paragraph (1) is one setting out—

(a) the findings of the special report;

(b) the appropriate authority's determination under paragraph 20B(2); and

(c) the action that the appropriate authority is required to take as a consequence of that determination.

(3) Subsections (5) to (7) of section 20 shall have effect in relation to the duties imposed on the Commission by sub-paragraph (1) as they have effect in relation to the duties imposed on the Commission by that section.

(4) Except so far as may be otherwise provided by regulations made by virtue of sub-paragraph (3), the Commission shall be entitled (notwithstanding any obligation of secrecy imposed by any rule of law or otherwise) to discharge the duty to give a person mentioned in sub-paragraph (1) notification of the findings of the special report by sending that person a copy of that report.

Investigations managed or carried out by Commission: action by Commission E+W

20D (1) On receipt of a memorandum under paragraph 20B(7), the Commission shall—

(a) consider the memorandum;

(b) determine, in the light of that consideration, whether or not to make a recommendation under paragraph 20H; and

(c) if it thinks fit to do so, make a recommendation under that paragraph.

(2) If the Commission determines not to make a recommendation under paragraph 20H, it shall notify the appropriate authority and the person appointed under paragraph 18 or designated under paragraph 19 of its determination.

Other investigations: action by appropriate authority E+W

20E (1) This paragraph applies where—

(a) a statement and a special report on an investigation carried out by an appropriate authority on its own behalf, or

(b) a statement and a special report on an investigation carried out under the supervision of the Commission,

are submitted to the appropriate authority under paragraph 20A(2) or (3).

(2) The appropriate authority shall determine whether the special conditions are satisfied.

(3) If the appropriate authority determines that the special conditions are satisfied then, unless it considers that the circumstances are such as to make it inappropriate to do so, it shall—

(a) certify the case as a special case for the purposes of Regulation 11 of the Police (Conduct) Regulations 2004 (S.I. 2004/645); and

(b) subject to any request made under paragraph 20G(1), take such steps as are required by that Regulation in relation to a case so certified.

(4) The reference in sub-paragraph (3) to Regulation 11 includes a reference to any corresponding provision replacing that Regulation.

(5) If the appropriate authority determines that the special conditions are satisfied then it shall notify the Director of Public Prosecutions of its determination and send him a copy of the special report.

(6) Where the statement and report were required under paragraph 20A(2) to be copied to the Commission, the appropriate authority shall notify the Commission of a certification under sub-paragraph (3).

(7) If the appropriate authority determines—

(a) that the special conditions are not satisfied, or

(b) that, although those conditions are satisfied, the circumstances are such as to make it inappropriate at present to bring disciplinary proceedings,

it shall notify the person appointed under paragraph 16 or 17 of its determination.

(8) In this paragraph “special conditions” has the meaning given by paragraph 20A(7).

Other investigations: action by appropriate authority E+W

20F (1) If the appropriate authority certifies a case under paragraph 20E(3), it shall give a notification—

(a) in the case of a complaint, to the complainant and to every person entitled to be kept properly informed in relation to the complaint under section 21; and

(b) in the case of a recordable conduct matter, to every person entitled to be kept properly informed in relation to that matter under that section.

(2) The notification required by sub-paragraph (1) is one setting out—

(a) the findings of the report;

(b) the authority's determination under paragraph 20E(2); and

(c) the action that the authority is required to take in consequence of that determination.

(3) Subsections (5) to (7) of section 20 shall have effect in relation to the duties imposed on the appropriate authority by sub-paragraph (1) as they have effect in relation to the duties imposed on the appropriate authority by that section.

(4) Except so far as may be otherwise provided by regulations made by virtue of sub-paragraph (3), the appropriate authority shall be entitled (notwithstanding any obligation of secrecy imposed by any rule of law or otherwise) to discharge the duty to give a person mentioned in sub-paragraph (1) notification of the findings of the special report by sending that person a copy of that report.

Special cases: Director of Public Prosecutions E+W

20G (1) On receiving a copy of a special report under paragraph 20B(5) or 20E(5), the Director of Public Prosecutions may request the appropriate authority not to bring disciplinary proceedings without his prior agreement, if the Director considers that bringing such proceedings might prejudice any future criminal proceedings.

(2) The Director of Public Prosecutions—

(a) shall notify the appropriate authority of any decision of his to take, or not to take, action in respect of the matters dealt with in a special report copied to him under paragraph 20B(5) or 20E(5); and

(b) where the special report was copied to him under paragraph 20B(5), shall send a copy of that notification to the Commission.

(3) It shall be the duty of the Commission to notify the persons mentioned in sub-paragraph (5) if criminal proceedings are brought against any person by the Director of Public Prosecutions in respect of any matters dealt with in a special report copied to him under paragraph 20B(5).

(4) It shall be the duty of the appropriate authority to notify the persons mentioned in sub-paragraph (5) if criminal proceedings are brought against any person by the Director of Public Prosecutions in respect of any matters dealt with in a special report copied to him under paragraph 20E(5).

(5) Those persons are—

(a) in the case of a complaint, the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21; and

(b) in the case of a recordable conduct matter, every person entitled to be kept properly informed in relation to that matter under that section.

Special cases: recommendation or direction of Commission E+W

20H (1) Where the appropriate authority has submitted, or is required to submit, a memorandum to the Commission under paragraph 20B(7), the Commission may make a recommendation to the appropriate authority that it should certify the case under paragraph 20B(3).

(2) If the Commission determines to make a recommendation under this paragraph, it shall give a notification—

(a) in the case of a complaint, to the complainant and to every person entitled to be kept properly informed in relation to the complaint under section 21; and

(b) in the case of a recordable conduct matter, to every person entitled to be kept properly informed in relation to that matter under that section.

(3) The notification required by sub-paragraph (2) is one setting out—

(a) the findings of the special report; and

(b) the Commission's recommendation under this paragraph.

(4) Subsections (5) to (7) of section 20 shall have effect in relation to the duties imposed on the Commission by sub-paragraph (2) as they have effect in relation to the duties imposed on the Commission by that section.

(5) Except so far as may be otherwise provided by regulations made by virtue of sub-paragraph (4), the Commission shall be entitled (notwithstanding any obligation of secrecy imposed by any rule of law or otherwise) to discharge the duty to give a person mentioned in sub-paragraph (2) notification of the findings of the special report by sending that person a copy of the report.

(6) It shall be the duty of the appropriate authority to notify the Commission whether it accepts the recommendation and (if it does) to certify the case and proceed accordingly.

(7) If, after the Commission has made a recommendation under this paragraph, the appropriate authority does not certify the case under paragraph 20B(3)—

(a) the Commission may direct the appropriate authority so to certify it; and

(b) it shall be the duty of the appropriate authority to comply with the direction and proceed accordingly.

(8) Where the Commission gives the appropriate authority a direction under this paragraph, it shall supply the appropriate authority with a statement of its reasons for doing so.

(9) The Commission may at any time withdraw a direction given under this paragraph.

(10) The appropriate authority shall keep the Commission informed of whatever action it takes in response to a recommendation or direction.

Special cases: recommendation or direction of Commission E+W

20I (1) Where—

(a) the Commission makes a recommendation under paragraph 20H in the case of an investigation of a complaint, and

(b) the appropriate authority notifies the Commission that the recommendation has been accepted,

the Commission shall notify the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21 of that fact and of the steps that have been, or are to be, taken by the appropriate authority to give effect to it.

(2) Where in the case of an investigation of a complaint the appropriate authority—

(a) notifies the Commission that it does not accept the recommendation made by the Commission under paragraph 20H, or

(b) fails to certify the case under paragraph 20B(3) and to proceed accordingly,

it shall be the duty of the Commission to determine what (if any) further steps to take under paragraph 20H.

(3) It shall be the duty of the Commission to notify the complainant and every person entitled to be kept properly informed in relation to the complaint under section 21—

(a) of any determination under sub-paragraph (2) not to take further steps under paragraph 20H; and

(b) where it determines under that sub-paragraph to take further steps under that paragraph, of the outcome of the taking of those steps.”

Commencement Information

I352 Sch. 11 para. 3 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(v)

4 E+W In paragraph 25, after sub-paragraph (2) insert—

“(2A) In sub-paragraph (2)—

(a) references to the findings of an investigation do not include a reference to findings on a report submitted under paragraph 20A; and

(b) references to the report of an investigation do not include a reference to a report submitted under that paragraph.”

Commencement Information

I353 Sch. 11 para. 4 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(v)

Section 160

SCHEDULE 12 E+W Investigations of deaths and serious injuries during or after contact with the police

1 E+W The Police Reform Act 2002 (c. 30) has effect subject to the following amendments.

Commencement Information

I354 Sch. 12 para. 1 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

2 (1) Section 10(2) (general functions of the Commission) is amended as follows. E+W

(2) After paragraph (b) insert—

“(ba) the recording of matters from which it appears that a person has died or suffered serious injury during, or following, contact with a person serving with the police;”.

(3) In paragraph (c), after “paragraph (b)” insert “ or (ba) ”.

Commencement Information

I355 Sch. 12 para. 2 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

3 E+W In section 12 (matters to which Part 2 applies), after subsection (2) insert—

“(2A) In this Part “death or serious injury matter” (or “DSI matter” for short) means any circumstances (other than those which are or have been the subject of a complaint or which amount to a conduct matter)—

(a) in or in consequence of which a person has died or has sustained serious injury; and

(b) in relation to which the requirements of either subsection (2B) or subsection (2C) are satisfied.

(2B) The requirements of this subsection are that at the time of the death or serious injury the person—

(a) had been arrested by a person serving with the police and had not been released from that arrest; or

(b) was otherwise detained in the custody of a person serving with the police.

(2C) The requirements of this subsection are that—

(a) at or before the time of the death or serious injury the person had contact (of whatever kind, and whether direct or indirect) with a person serving with the police who was acting in the execution of his duties; and

(b) there is an indication that the contact may have caused (whether directly or indirectly) or contributed to the death or serious injury.

(2D) In subsection (2A) the reference to a person includes a person serving with the police, but in relation to such a person “contact” in subsection (2C) does not include contact that he has whilst acting in the execution of his duties.”

Commencement Information

I356 Sch. 12 para. 3 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

4 E+W In the following provisions, for “and conduct matters” substitute “ , conduct matters and DSI matters ”

(a) the cross-heading preceding section 13;

(b) the heading for section 13 (handling of complaints and conduct matters); and

(c) that section itself.

Commencement Information

I357 Sch. 12 para. 4 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

5 (1) Section 16(2) (assistance for which payment is required) is amended as follows. E+W

(2) In paragraph (a), for the words from “an investigation relating to” to the end substitute—

“(i) an investigation relating to the conduct of a person who, at the time of the conduct, was a member of the other force, or

(ii) an investigation of a DSI matter in relation to which the relevant officer was, at the time of the death or serious injury, a member of the other force; and”.

(3) In paragraph (b), for the words from “an investigation” to the end substitute—

“(i) an investigation relating to the conduct of a person who, at the time of the conduct, was not a member of that force, or

(ii) an investigation of a DSI matter in relation to which the relevant officer was, at the time of the death or serious injury, not a member of that force.”

Commencement Information

I358 Sch. 12 para. 5 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

6 E+W In section 18 (inspection of police premises on behalf of the Commission), in subsection (2)(a), after “conduct matters” insert “ or DSI matters ”.

Commencement Information

I359 Sch. 12 para. 6 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

7 (1) Section 21 (duty to provide information) is amended as follows. E+W

(2) In subsection (1), for “or recordable conduct matter” substitute “ , recordable conduct matter or DSI matter ”.

(3) In subsection (1)(a), after “subsection (2)” insert “ or (2A) ”.

(4) In subsection (2), after “if” insert “ (in the case of a complaint or recordable conduct matter) ”.

(5) After subsection (2) insert—

“(2A) A person falls within this subsection if (in the case of a DSI matter)—

(a) he is a relative of the person who has died;

(b) he is a relative of the person who has suffered serious injury and that person is incapable of making a complaint;

(c) he himself is the person who has suffered serious injury.”

(6) In subsection (3)—

(a) after “subsection (2)” insert “ or (2A) ”; and

(b) for “or recordable conduct matter” (in both places) substitute “ , recordable conduct matter or DSI matter ”.

(7) In subsection (5), for “or conduct matter” substitute “ , conduct matter or DSI matter ”.

(8) In subsections (6) and (7), for “or recordable conduct matter” substitute “ , recordable conduct matter or DSI matter ”.

(9) After subsection (9)(b) insert—

“(ba) whether the Commission or the appropriate authority has made a determination under paragraph 21A of Schedule 3;”.

(10) In subsection (9)(c), after “paragraph 22” insert “ or 24A ”.

(11) In subsection (10), for “or recordable conduct matter” substitute “ , recordable conduct matter or DSI matter ”.

Commencement Information

I360 Sch. 12 para. 7 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

8 (1) Section 22 (power of Commission to issue guidance) is amended as follows. E+W

(2) In subsection (2)(b)(ii), after “recordable conduct matters” insert “ or DSI matters ”.

(3) In subsection (5)—

(a) in paragraph (a), after “recordable conduct matters” insert “ or DSI matters ”;

(b) in paragraphs (b) and (d)(ii), after “recordable conduct matter” insert “ or DSI matter ”; and

(c) in paragraph (e)(i), for “or conduct matter” substitute “ , conduct matter or DSI matter ”.

Commencement Information

I361 Sch. 12 para. 8 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

9 (1) Section 23(2) (regulations) is amended as follows. E+W

(2) In paragraph (b), after “recordable conduct matters” insert “ and DSI matters ”.

(3) For paragraph (h) substitute—

“(h) for combining into a single investigation the investigation of any complaint, conduct matter or DSI matter with the investigation or investigations of any one or more, or any combination, of the following—

(i) complaints (whether or not relating to the same conduct),

(ii) conduct matters, or

(iii) DSI matters,

and for splitting a single investigation into two or more separate investigations;”.

(4) In paragraph (j), for “or conduct matter” substitute “ , conduct matter or DSI matter ”.

(5) In paragraph (n)(ii), after “recordable conduct matters” insert “ or DSI matters ”.

Commencement Information

I362 Sch. 12 para. 9 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

10 (1) Section 29 (interpretation) is amended as follows. E+W

(2) In subsection (1)—

(a) for the definition of “the appropriate authority” substitute—

““the appropriate authority”—

(a) in relation to a person serving with the police or in relation to any complaint, conduct matter or investigation relating to the conduct of such a person, means—

(i) if that person is a senior officer, the police authority for the area of the police force of which he is a member; and

(ii) if he is not a senior officer, the chief officer under whose direction and control he is; and

(b) in relation to a death or serious injury matter, means—

(i) if the relevant officer is a senior officer, the police authority for the area of the police force of which he is a member; and

(ii) if he is not a senior officer, the chief officer under whose direction and control he is;”; and

(b) after the definition of “conduct matter” insert—

““death or serious injury matter” and “DSI matter” have the meaning given by section 12;”.

(3) After subsection (1) insert—

“(1A) In this Part “the relevant officer”, in relation to a DSI matter, means the person serving with the police (within the meaning of section 12(7))—

(a) who arrested the person who has died or suffered serious injury,

(b) in whose custody that person was at the time of the death or serious injury, or

(c) with whom that person had the contact in question;

and where there is more than one such person it means, subject to subsection (1B), the one who so dealt with him last before the death or serious injury occurred.

(1B) Where it cannot be determined which of two or more persons serving with the police dealt with a person last before a death or serious injury occurred, the relevant officer is the most senior of them.”

Commencement Information

I363 Sch. 12 para. 10 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

11 E+W Schedule 3 (handling of complaints and conduct matters) is amended as set out in the following paragraphs.

Commencement Information

I364 Sch. 12 para. 11 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

12 E+W After paragraph 14 insert—

“Part 2A E+W handling of death and serious injury (DSI) matters

14A Duty to record DSI matters

(1) Where a DSI matter comes to the attention of the police authority or chief officer who is the appropriate authority in relation to that matter, it shall be the duty of the appropriate authority to record that matter.

(2) If it appears to the Commission—

(a) that any matter that has come to its attention is a DSI matter, but

(b) that that matter has not been recorded by the appropriate authority,

the Commission may direct the appropriate authority to record that matter; and it shall be the duty of that authority to comply with the direction.

14B Duty to preserve evidence relating to DSI matters

(1) Where—

(a) a DSI matter comes to the attention of a police authority, and

(b) the relevant officer in relation to that matter is the chief officer of the force maintained by that authority,

it shall be the duty of that authority to secure that all such steps as are appropriate for the purposes of Part 2 of this Act are taken, both initially and from time to time after that, for obtaining and preserving evidence relating to that matter.

(2) Where—

(a) a chief officer becomes aware of a DSI matter, and

(b) the relevant officer in relation to that matter is a person under his direction and control,

it shall be his duty to take all such steps as appear to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to that matter.

(3) The chief officer's duty under sub-paragraph (2) must be performed as soon as practicable after he becomes aware of the matter in question.

(4) After that, he shall be under a duty, until he is satisfied that it is no longer necessary to do so, to continue to take the steps from time to time appearing to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the matter.

(5) It shall be the duty of a police authority to comply with all such directions as may be given to it by the Commission in relation to the performance of any duty imposed on it by virtue of sub-paragraph (1).

(6) It shall be the duty of the chief officer to take all such specific steps for obtaining or preserving evidence relating to any DSI matter as he may be directed to take for the purposes of this paragraph by the police authority maintaining his force or by the Commission.

14C Reference of DSI matters to the Commission

(1) It shall be the duty of the appropriate authority to refer a DSI matter to the Commission.

(2) The appropriate authority must do so within such period as may be provided for by regulations made by the Secretary of State.

(3) A matter that has already been referred to the Commission under this paragraph on a previous occasion shall not be required to be referred again under this paragraph unless the Commission so directs.

14D Duties of Commission on references under paragraph 14C

(1) It shall be the duty of the Commission, in the case of every DSI matter referred to it by a police authority or a chief officer, to determine whether or not it is necessary for the matter to be investigated.

(2) Where the Commission determines under this paragraph that it is not necessary for a DSI matter to be investigated, it may if it thinks fit refer the matter back to the appropriate authority to be dealt with by that authority in such manner (if any) as that authority may determine.”

Commencement Information

I365 Sch. 12 para. 12 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

13 E+W In paragraph 15(1)(a) and (8) (power of the Commission to determine the form of an investigation), for “or recordable conduct matter” substitute “ , recordable conduct matter or DSI matter ”.

Commencement Information

I366 Sch. 12 para. 13 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

14 (1) Paragraph 16 (investigations by the appropriate authority on its own behalf) is amended as follows. E+W

(2) In sub-paragraph (1), for “or recordable conduct matter” substitute “ , recordable conduct matter or DSI matter ”.

(3) In sub-paragraph (2)(a), after “recordable conduct matter” insert “ or under paragraph 14D(2) in relation to any DSI matter ”.

(4) In sub-paragraph (3), after “(4)” insert “ or (5) ”.

(5) In sub-paragraph (4), for “matter” substitute “ conduct matter ”.

(6) After sub-paragraph (4) add—

“(5) The person appointed under this paragraph to investigate any DSI matter—

(a) in relation to which the relevant officer is a chief officer, must not be a person under that chief officer's direction and control;

(b) in relation to which the relevant officer is the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis, must be the person nominated by the Secretary of State for appointment under this paragraph.”

Commencement Information

I367 Sch. 12 para. 14 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

15 (1) Paragraph 17 (investigations supervised by the Commission) is amended as follows. E+W

(2) In sub-paragraph (1), for “or recordable conduct matter” substitute “ , recordable conduct matter or DSI matter ”.

(3) In sub-paragraph (6), for “matter” substitute “ conduct matter ”.

(4) After sub-paragraph (6) insert—

“(6A) The person appointed under this paragraph to investigate any DSI matter—

(a) in relation to which the relevant officer is a chief officer, must not be a person under that chief officer's direction and control;

(b) in relation to which the relevant officer is the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis, must be the person nominated by the Secretary of State for appointment under this paragraph.”

Commencement Information

I368 Sch. 12 para. 15 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

16 (1) Paragraph 18 (investigations managed by the Commission) is amended as follows. E+W

(2) In sub-paragraph (1), for “or recordable conduct matter” substitute “ , recordable conduct matter or DSI matter ”.

(3) In sub-paragraph (2), for “(6)” substitute “ (6A) ”.

Commencement Information

I369 Sch. 12 para. 16 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

17 (1) Paragraph 19 (investigations by the Commission itself) is amended as follows. E+W

(2) In sub-paragraph (1), for “or recordable conduct matter” substitute “ , recordable conduct matter or DSI matter ”.

(3) After sub-paragraph (3) insert—

“(3A) The person designated under sub-paragraph (2) to be the person to take charge of an investigation of a DSI matter in relation to which the relevant officer is the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis must be the person nominated by the Secretary of State to be so designated under that sub-paragraph.”

Commencement Information

I370 Sch. 12 para. 17 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

18 E+W In paragraph 20(1) (restrictions on proceedings pending the conclusion of an investigation), after “22” insert “ or 24A ”.

Commencement Information

I371 Sch. 12 para. 18 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

19 E+W In paragraph 21(4) (power of the Commission to discontinue an investigation), for “or recordable conduct matter” substitute “ , recordable conduct matter or DSI matter ”.

Commencement Information

I372 Sch. 12 para. 19 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

20 E+W After paragraph 21 insert—

“21A “Procedure where conduct matter is revealed during investigation of DSI matter

(1) If during the course of an investigation of a DSI matter it appears to a person appointed under paragraph 18 or designated under paragraph 19 that there is an indication that a person serving with the police (“the person whose conduct is in question”) may have—

(a) committed a criminal offence, or

(b) behaved in a manner which would justify the bringing of disciplinary proceedings,

he shall make a submission to that effect to the Commission.

(2) If, after considering a submission under sub-paragraph (1), the Commission determines that there is such an indication, it shall—

(a) notify the appropriate authority in relation to the DSI matter and (if different) the appropriate authority in relation to the person whose conduct is in question of its determination; and

(b) send to it (or each of them) a copy of the submission under sub-paragraph (1).

(3) If during the course of an investigation of a DSI matter it appears to a person appointed under paragraph 16 or 17 that there is an indication that a person serving with the police (“the person whose conduct is in question”) may have—

(a) committed a criminal offence, or

(b) behaved in a manner which would justify the bringing of disciplinary proceedings,

he shall make a submission to that effect to the appropriate authority in relation to the DSI matter.

(4) If, after considering a submission under sub-paragraph (3), the appropriate authority determines that there is such an indication, it shall—

(a) if it is not the appropriate authority in relation to the person whose conduct is in question, notify that other authority of its determination and send to that authority a copy of the submission under sub-paragraph (3); and

(b) notify the Commission of its determination and send to it a copy of the submission under sub-paragraph (3).

(5) Where the appropriate authority in relation to the person whose conduct is in question—

(a) is notified of a determination by the Commission under sub-paragraph (2),

(b) (in a case where it is also the appropriate authority in relation to the DSI matter) makes a determination under sub-paragraph (4), or

(c) (in a case where it is not the appropriate authority in relation to the DSI matter) is notified by that other authority of a determination by it under sub-paragraph (4),

it shall record the matter under paragraph 11 as a conduct matter (and the other provisions of this Schedule shall apply in relation to that matter accordingly).”

Commencement Information

I373 Sch. 12 para. 20 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

21 E+W For paragraph 22 (final reports on investigations) substitute—

“22 “Final reports on investigations: complaints, conduct matters and certain DSI matters

(1) This paragraph applies on the completion of an investigation of—

(a) a complaint,

(b) a conduct matter, or

(c) a DSI matter in respect of which the Commission or the appropriate authority has made a determination under paragraph 21A(2) or (4).

(2) A person appointed under paragraph 16 shall submit a report on his investigation to the appropriate authority.

(3) A person appointed under paragraph 17 or 18 shall—

(a) submit a report on his investigation to the Commission; and

(b) send a copy of that report to the appropriate authority.

(4) In relation to a DSI matter in respect of which a determination has been made under paragraph 21A(2) or (4), the references in sub-paragraphs (2) and (3) of this paragraph to the appropriate authority are references to—

(a) the appropriate authority in relation to the DSI matter; and

(b) (where different) the appropriate authority in relation to the person whose conduct is in question.

(5) A person designated under paragraph 19 as the person in charge of an investigation by the Commission itself shall submit a report on it to the Commission.

(6) A person submitting a report under this paragraph shall not be prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters in his report as he thinks fit.”

Commencement Information

I374 Sch. 12 para. 21 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

22 (1) In the heading preceding paragraph 23, after “investigation report” insert “ under paragraph 22 ”. E+W

(2) In paragraph 23(1)—

(a) in paragraph (a), for “(2)” substitute “ (3) ”; and

(b) in paragraph (b), for “(3)” substitute “ (5) ”.

(3) After paragraph 23(12) insert—

“(13) In relation to a DSI matter in respect of which a determination has been made under paragraph 21A(2) or (4), the references in this paragraph to the appropriate authority are references to the appropriate authority in relation to the person whose conduct is in question.”

Commencement Information

I375 Sch. 12 para. 22 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

23 (1) In the heading preceding paragraph 24, after “investigation report” insert “ under paragraph 22 ”. E+W

(2) In paragraph 24(1)—

(a) in paragraph (a), for “22(1)” substitute “ 22(2) ”; and

(b) in paragraph (b), for “22(2)” substitute “ 22(3) ”.

(3) After paragraph 24(10) insert—

“(11) In relation to a DSI matter in respect of which a determination has been made under paragraph 21A(2) or (4), the references in this paragraph to the appropriate authority are references to the appropriate authority in relation to the person whose conduct is in question.”

Commencement Information

I376 Sch. 12 para. 23 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

24 E+W After paragraph 24 insert—

“24A “Final reports on investigations: other DSI matters

(1) This paragraph applies on the completion of an investigation of a DSI matter in respect of which neither the Commission nor the appropriate authority has made a determination under paragraph 21A(2) or (4).

(2) A person appointed under paragraph 16, 17 or 18 or designated under paragraph 19 shall—

(a) submit a report on the investigation to the Commission; and

(b) send a copy of that report to the appropriate authority.

(3) A person submitting a report under this paragraph shall not be prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters in his report as he thinks fit.

(4) On receipt of the report, the Commission shall determine whether the report indicates that a person serving with the police may have—

(a) committed a criminal offence, or

(b) behaved in a manner which would justify the bringing of disciplinary proceedings.

24B Action by the Commission in response to an investigation report under paragraph 24A

(1) If the Commission determines under paragraph 24A(4) that the report indicates that a person serving with the police may have—

(a) committed a criminal offence, or

(b) behaved in a manner which would justify the bringing of disciplinary proceedings,

it shall notify the appropriate authority in relation to the person whose conduct is in question of its determination and, if it appears that that authority has not already been sent a copy of the report, send a copy of the report to that authority.

(2) Where the appropriate authority in relation to the person whose conduct is in question is notified of a determination by the Commission under sub-paragraph (1), it shall record the matter under paragraph 11 as a conduct matter (and the other provisions of this Schedule shall apply in relation to that matter accordingly).

24C (1) If the Commission determines under paragraph 24A(4) that there is no indication in the report that a person serving with the police may have—

(a) committed a criminal offence, or

(b) behaved in a manner which would justify the bringing of disciplinary proceedings,

it shall make such recommendations or give such advice under section 10(1)(e) (if any) as it considers necessary or desirable.

(2) Sub-paragraph (1) does not affect any power of the Commission to make recommendations or give advice under section 10(1)(e) in other cases (whether arising under this Schedule or otherwise).”

Commencement Information

I377 Sch. 12 para. 24 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(w)

Section 161

SCHEDULE 13 E+W Abolition of Royal Parks Constabulary: supplementary

Part 1 E+W Transfers to Metropolitan Police Authority

Interpretation E+W

1 E+W In this Part of this Schedule—

• “the Authority” means the Metropolitan Police Authority, and

• “transfer scheme” means a scheme made by the Secretary of State under this Schedule.

Commencement Information

I378 Sch. 13 para. 1 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(y)

Establishment of eligibility for transfer E+W

2 E+W The Secretary of State may by regulations impose requirements in relation to persons serving as park constables with the Royal Parks Constabulary for the purpose of establishing whether they are eligible—

(a) to be employed by the Authority, or

(b) to serve as a members of the police force for the metropolitan police district.

Commencement Information

I379 Sch. 13 para. 2 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(y)

3 (1) The Secretary of State may terminate the Crown employment of any person who fails to comply with or satisfy any requirement imposed in relation to him by regulations made under paragraph 2. E+W

(2) A person whose Crown employment is terminated under sub-paragraph (1) is not to be treated (whether for the purposes of any enactment or otherwise) as being dismissed by virtue of that termination.

Commencement Information

I380 Sch. 13 para. 3 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(y)

Relevant persons E+W

4 (1) A transfer scheme may provide for any relevant person to become an employee of the Authority on the appointed day. E+W

(2) The scheme may make provision—

(a) for the termination of the relevant person's Crown employment on the appointed day,

(b) as to the terms and conditions which are to have effect as the terms and conditions of the relevant person's contract of employment with the Authority,

(c) transferring to the Authority the rights, powers, duties and liabilities of the employer under or in connection with the relevant person's Crown employment,

(d) for things done before the appointed day by or in relation to the employer in respect of the relevant person or his Crown employment to be treated from that day as having been done by or in relation to the Authority,

(e) for the period during which the relevant person has been in Crown employment to count as a period of employment with the Authority (and for the operation of the transfer scheme not to be treated as having interrupted the continuity of that employment), and

(f) for the termination of the Crown employment of a relevant person who would otherwise be transferred by the scheme but who has informed the Secretary of State that he does not wish to be so transferred.

(3) The scheme may provide for a person who would be treated (whether by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.

Commencement Information

I381 Sch. 13 para. 4 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(y)

5 (1) A transfer scheme may provide for the appointment as a member of the police force for the metropolitan police district of any relevant person who becomes an employee of the Authority by virtue of the scheme. E+W

(2) The appointment does not take effect until the person has been attested as a constable for the metropolitan police district in accordance with section 29 of the Police Act 1996 (c. 16).

(3) On being so attested his contract of employment with the Authority is terminated by virtue of this sub-paragraph.

(4) He is not to be treated (whether for the purposes of any enactment or otherwise) as being dismissed by virtue of the operation of sub-paragraph (3).

Commencement Information

I382 Sch. 13 para. 5 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(y)

Property, rights and liabilities, etc. E+W

6 (1) The transfer scheme may provide for the transfer of property, rights and liabilities of the Secretary of State to the Authority on the appointed day. E+W

(2) The scheme may include provision for anything (including any legal proceedings) which relates to anything transferred by virtue of sub-paragraph (1) to be continued from the appointed day by or in relation to the Authority.

Commencement Information

I383 Sch. 13 para. 6 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(y)

Consultation E+W

7 E+W Before making a transfer scheme which contains any provision relating to persons serving as park constables with the Royal Parks Constabulary the Secretary of State must consult such bodies appearing to represent the interests of those persons as he considers appropriate.

Commencement Information

I384 Sch. 13 para. 7 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(y)

Termination of employment E+W

8 E+W The Secretary of State may by regulations make provision as to the consequences of the termination of a person's Crown employment under paragraph 3(1) or by a transfer scheme (including provision removing any entitlement to compensation which might otherwise arise in such circumstances).

Commencement Information

I385 Sch. 13 para. 8 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(y)

Part 2 E+W Amendments

Royal Parks (Trading) Act 2000 (c. 13) E+W

9 E+W In section 4 of the Royal Parks (Trading) Act 2000 (seizure of property) after subsection (3) add—

“(4) In the application of this section to a specified park—

(a) the reference in subsection (1) to a park constable has effect as a reference to a constable, and

(b) subsections (2) and (3) do not apply.

(5) In subsection (4) “specified park” has the same meaning as in section 162 of the Serious Organised Crime and Police Act 2005.”

Commencement Information

I386 Sch. 13 para. 9 in force at 8.5.2006 by S.I. 2006/1085, art. 2(c)

Regulation of Investigatory Powers Act 2000 (c. 23) E+W

10 E+W In Schedule 1 to the Regulation of Investigatory Powers Act 2000 (relevant authorities) omit paragraph 27D and the cross-heading before it.

Commencement Information

I387 Sch. 13 para. 10 in force at 8.5.2006 by S.I. 2006/1085, art. 2(c)

Police Reform Act 2002 (c. 30) E+W

11 E+W The Police Reform Act 2002 has effect subject to the following amendments.

Commencement Information

I388 Sch. 13 para. 11 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(y)

12 (1) Section 82 (police nationality requirements) is amended as follows. E+W

(2) In subsection (1)—

(a) at the end of paragraph (e) insert “ or ”, and

(b) omit paragraph (f).

(3) In subsection (3)(e) for “the Civil Nuclear Constabulary or the Royal Parks Constabulary” substitute “ or the Civil Nuclear Constabulary ”.

(4) Omit subsection (5).

Commencement Information

I389 Sch. 13 para. 12 in force at 8.5.2006 by S.I. 2006/1085, art. 2(c)

13 (1) Schedule 4 (powers exercisable by police civilians) is amended as follows. E+W

(2) In paragraph 2(6) after paragraph (aa) insert—

“(ab) an offence committed in a specified park which by virtue of section 2 of the Parks Regulation (Amendment) Act 1926 is an offence against the Parks Regulation Act 1872; or”.

(3) After paragraph 7C insert—

“Park Trading offences E+W

7D (1) This paragraph applies if—

(a) a designation applies it to any person (“the CSO”), and

(b) the CSO has under paragraph 2(3) required another person (“P”) to wait with him for the arrival of a constable.

(2) If the CSO reasonably suspects that P has committed a park trading offence, the CSO may take possession of anything of a non-perishable nature which—

(a) P has in his possession or under his control, and

(b) the CSO reasonably believes to have been used in the commission of the offence.

(3) The CSO may retain possession of the thing in question for a period not exceeding 30 minutes unless P makes an election under paragraph 2(4), in which case the CSO may retain possession of the thing in question until he is able to transfer control of it to a constable.

(4) In this paragraph “park trading offence” means an offence committed in a specified park which is a park trading offence for the purposes of the Royal Parks (Trading) Act 2000.”

(4) In paragraph 36 after sub-paragraph (3) insert—

“(3A) In this Schedule “specified park” has the same meaning as in section 162 of the Serious Organised Crime and Police Act 2005.”

Commencement Information

I390 Sch. 13 para. 13 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(y)

Section 163

SCHEDULE 14 E+W Amendments of Part 5 of Police Act 1997

1 E+W Part 5 of the Police Act 1997 (c. 50) (certificates of criminal records etc.) is amended as follows.

Commencement Information

I391 Sch. 14 para. 1 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(e)

I392 Sch. 14 para. 1 in force at 6.4.2006 for E.W. by S.I. 2006/378, art. 7(c)

I393 Sch. 14 para. 1 in force at 3.12.2007 for N.I. by S.I. 2007/3341, art. 2(d)

2 E+W In section 114(3) for “Section 113(3) to (5)” substitute “ Sections 113A(3) to (6) and 113C to 113F ”.

Commencement Information

I394 Sch. 14 para. 2 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(e)

I395 Sch. 14 para. 2 in force at 6.4.2006 for E.W. by S.I. 2006/378, art. 7(c)

I396 Sch. 14 para. 2 in force at 1.4.2008 for N.I. by S.I. 2008/697, art. 2(e)

3 E+W In section 116—

(a) in the application to Scotland of subsection (2)(b) for “to which subsection (3) or (4) of section 115 applies” substitute “ of such description as may be prescribed ”;

(b) in subsection (3) for “Section 115(6) to (10)” substitute “ Sections 113B(3) to (11) and 113C to 113F ”.

Commencement Information

I397 Sch. 14 para. 3 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(e)

I398 Sch. 14 para. 3 in force at 6.4.2006 for E.W. by S.I. 2006/378, art. 7(c)

I399 Sch. 14 para. 3 in force at 1.4.2008 for N.I. by S.I. 2008/697, art. 2(e)

4 E+W In section 119—

(a) in subsection (1A) for “section 113(3A) or (3C) or (3EA) or (3EC)” substitute “ section 113C(3) or 113D(3) ”;

(b) in subsection (2) for “115” substitute “ 113B ”.

Commencement Information

I400 Sch. 14 para. 4 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(e)

I401 Sch. 14 para. 4 in force at 6.4.2006 for E.W. by S.I. 2006/378, art. 7(c)

5 E+W In section 119A(2) for the words from “under” to “adults)” substitute “ in a list mentioned in section 113C(3) or 113D(3) ”.

Commencement Information

I402 Sch. 14 para. 5 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(e)

6 E+W In section 120—

(a) in subsection (3)(b) for “113 or 115” substitute “ 113A or 113B ”;

(b) in subsection (5)(b) for “113 or 115” substitute “ 113A or 113B ”;

(c) in subsection (7) for “113” substitute “ 113A ”.

Commencement Information

I403 Sch. 14 para. 6 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(e)

I404 Sch. 14 para. 6(b)(c) in force at 6.4.2006 for E.W. by S.I. 2006/378, art. 7(c)

I405 Sch. 14 para. 6 in force at 3.12.2007 for N.I. by S.I. 2007/3341, art. 2(d)

7 E+W In section 120ZA(4)(b) for “113 or 115” substitute “ 113A or 113B ”.

Commencement Information

I406 Sch. 14 para. 7 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(e)

I407 Sch. 14 para. 7 in force at 6.4.2006 for E.W. by S.I. 2006/378, art. 7(c)

I408 Sch. 14 para. 7 in force at 3.12.2007 for N.I. by S.I. 2007/3341, art. 2(d)

8 E+W In section 120A (as inserted by section 134(1) of the Criminal Justice and Police Act 2001 (c. 16))—

(a) in subsection (3)(b) for “section 113(3A) or (3C) or (3EA) or (3EC)” substitute “ section 113C(3) or 113D(3) ”;

(b) in subsection (5) for “113” substitute “ 113A ”.

Commencement Information

I409 Sch. 14 para. 8 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(e)

I410 Sch. 14 para. 8 in force at 6.4.2006 for E.W. by S.I. 2006/378, art. 7(c)

I411 Sch. 14 para. 8 in force at 3.12.2007 for N.I. by S.I. 2007/3341, art. 2(d)

9 E+W In section 120B (as inserted by section 70 of the Criminal Justice (Scotland) Act 2003 (asp 7))—

(a) in subsection (3)(a) for “113” substitute “ 113A ”;

(b) in subsection (3)(b) for “113(3C)” substitute “ 113C(3) or 113D(3) ”;

(c) after subsection (6) (as inserted by section 165(2) of this Act) insert—

“(7) In the case of such a body the reference in subsection (5) to a police authority must be construed as a reference to such body as is prescribed.”

Commencement Information

I412 Sch. 14 para. 9 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(e)

10 E+W In section 121 for “under section 114(2), 115(4) or (10), 116(2), 122(1) or (2) or 125” substitute “ in relation to the making of regulations or orders ”.

Commencement Information

I413 Sch. 14 para. 10 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(e)

I414 Sch. 14 para. 10 in force at 6.4.2006 for E.W. by S.I. 2006/378, art. 7(c)

11 E+W In section 122(3) and (4)(b) for “113 or 115” substitute “ 113A or 113B ”.

Commencement Information

I415 Sch. 14 para. 11 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(e)

I416 Sch. 14 para. 11 in force at 6.4.2006 for E.W. by S.I. 2006/378, art. 7(c)

I417 Sch. 14 para. 11 in force at 3.12.2007 for N.I. by S.I. 2007/3341, art. 2(d)

12 E+W In section 124—

(a) in subsections (1), (2), (3), (4) and (6) for “113 or 115” substitute “ 113A or 113B ”;

(b) in subsection (5) for “115(8)” substitute “ 113B(5) ”;

(c) in subsection (6)(e) for “113” substitute “ 113A ”.

Commencement Information

I418 Sch. 14 para. 12 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(e)

I419 Sch. 14 para. 12 in force at 6.4.2006 for E.W. by S.I. 2006/378, art. 7(c)

I420 Sch. 14 para. 12 in force at 3.12.2007 for N.I. by S.I. 2007/3341, art. 2(d)

Prospective

13 E+W In section 124B—

(a) in subsection (1) for “113” substitute “ 113A ”;

(b) in subsection (3) for “113(5)” substitute “ 113A(6) ”.

14 E+W In section 125, at the end add—

“(6) If the power mentioned in subsection (1) is exercised by the Scottish Ministers, the reference in subsection (3) to each House of Parliament must be construed as a reference to the Scottish Parliament.”

Commencement Information

I421 Sch. 14 para. 14 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(e)

I422 Sch. 14 para. 14 in force at 6.4.2006 for E.W. by S.I. 2006/378, art. 7(c)

I423 Sch. 14 para. 14 in force at 3.12.2007 for N.I. by S.I. 2007/3341, art. 2(d)

Section 171

SCHEDULE 15 E+W+S Private Security Industry Act 2001: Scottish extent

1 E+W+S The Private Security Industry Act 2001 (c. 12) is amended as follows.

Commencement Information

I424 Sch. 15 para. 1 in force at 30.6.2006 for S. by S.S.I. 2006/381, art. 2(a)(i)

I425 Sch. 15 para. 1 in force at 6.7.2006 for E.W. by S.S.I. 2006/381, art. 2(b)(i)

2 E+W+S In section 2 (directions etc. by the Secretary of State)—

(a) in subsection (2), the existing words “shall consult the Authority” become paragraph (a) and after that paragraph add “and

(b) where any of those directions relates wholly or mainly to the exercise of the Authority's activities in or as regards Scotland, shall obtain the consent of the Scottish Ministers.”; and

(b) in subsection (3), the existing words “the Secretary of State with such information about its activities as he may request” become paragraph (a) and after that paragraph add “and

(b) the Scottish Ministers with such information about its activities in or as regards Scotland as they may request.”

Commencement Information

I426 Sch. 15 para. 2 in force at 30.6.2006 for S. by S.S.I. 2006/381, art. 2(a)(i)

I427 Sch. 15 para. 2 in force at 6.7.2006 for E.W. by S.S.I. 2006/381, art. 2(b)(i)

3 E+W+S After section 2 insert—

“2A Authority to be treated as cross-border public authority etc. for certain purposes

For the purposes of—

(a) section 5(5B) of the Parliamentary Commissioner Act 1967 (restriction on investigatory powers of Parliamentary Commissioner for Administration);

(b) section 23(2)(b) of the Scotland Act 1998 (power of Scottish Parliament to require persons outside Scotland to give evidence or produce documents);

(c) section 70(6) of that Act of 1998 (accounts prepared by cross-border authorities);

(d) section 91(3)(d) of that Act of 1998 (provision for investigation of certain complaints); and

(e) section 7(5) of the Scottish Public Services Ombudsman Act 2002 (restriction on investigatory powers of ombudsman),

the Authority is to be treated as a cross-border public authority within the meaning of that Act of 1998.”

Commencement Information

I428 Sch. 15 para. 3 in force at 30.6.2006 for S. by S.S.I. 2006/381, art. 2(a)(i)

I429 Sch. 15 para. 3 in force at 6.7.2006 for E.W. by S.S.I. 2006/381, art. 2(b)(i)

4 E+W+S In section 3 (conduct prohibited without a licence), after subsection (3) insert—

“(3A) In the application of this Act to Scotland—

(a) the reference in subsection (3) to the Secretary of State must be construed as a reference to the Scottish Ministers; but

(b) before making any order under subsection (3) the Scottish Ministers are to consult the Secretary of State.”

Commencement Information

I430 Sch. 15 para. 4 in force at 30.6.2006 for S. by S.S.I. 2006/381, art. 2(a)(i)

I431 Sch. 15 para. 4 in force at 6.7.2006 for E.W. by S.S.I. 2006/381, art. 2(b)(i)

5 E+W+S In section 7 (licensing criteria), after subsection (5) insert—

“(5A) Before giving approval under subsection (5), the Secretary of State shall consult the Scottish Ministers.”

Commencement Information

I432 Sch. 15 para. 5 in force at 30.6.2006 for S. by S.S.I. 2006/381, art. 2(a)(i)

I433 Sch. 15 para. 5 in force at 6.7.2006 for E.W. by S.S.I. 2006/381, art. 2(b)(i)

6 E+W+S In section 11 (appeals in licensing matters)—

(a) in subsection (1), after “court” insert “ (in Scotland, to the sheriff) ”;

(b) in subsection (4), the existing words from “a magistrates'” to “Crown Court” become paragraph (a) and after that paragraph insert “or

(b) the sheriff makes a decision on an appeal under that subsection, an appeal to the Sheriff Principal,”; and

(c) in subsection (6)(d), the existing words from “the appropriate” to the end become sub-paragraph (i) and after that sub-paragraph add “or

(ii) the sheriff or the Sheriff Principal may direct pending an appeal from a determination made on an appeal to the sheriff.”

Commencement Information

I434 Sch. 15 para. 6 in force at 30.6.2006 for S. by S.S.I. 2006/381, art. 2(a)(i)

I435 Sch. 15 para. 6 in force at 6.7.2006 for E.W. by S.S.I. 2006/381, art. 2(b)(i)

7 E+W+S In section 13 (licensing at local authority level), at the end add—

“(8) This section does not apply to Scotland.”

Commencement Information

I436 Sch. 15 para. 7 in force at 6.7.2006 for E.W. by S.S.I. 2006/381, art. 2(b)(i)

8 E+W+S In section 15(1) (duty to secure arrangements are in force for granting certain approvals), at the end of paragraph (a) add “ or in Scotland ”.

Commencement Information

I437 Sch. 15 para. 8 in force at 30.6.2006 for S. by S.S.I. 2006/381, art. 2(a)(i)

I438 Sch. 15 para. 8 in force at 6.7.2006 for specified purposes for E.W. by S.S.I. 2006/381, art. 2(b)(ii)

I439 Sch. 15 para. 8 in force at 6.4.2007 for E.W. in so far as not already in force by S.S.I. 2007/241, art. 2(a)

9 E+W+S In section 18 (appeals relating to approvals)—

(a) in subsection (1), after “court” insert “ (in Scotland, to the sheriff) ”;

(b) in subsection (4), the existing words from “a magistrates'” to “Crown Court” become paragraph (a) and after that paragraph insert “or

(b) the sheriff makes a decision on an appeal under that subsection, an appeal to the Sheriff Principal,”; and

(c) in subsection (5)(d), the existing words from “the appropriate” to the end become sub-paragraph (i) and after that sub-paragraph add “or

(ii) the sheriff or the Sheriff Principal may direct pending an appeal from a determination made on an appeal to the sheriff.”

Commencement Information

I440 Sch. 15 para. 9 in force at 30.6.2006 for S. by S.S.I. 2006/381, art. 2(a)(i)

I441 Sch. 15 para. 9 in force at 6.4.2007 for E.W. by S.S.I. 2007/241, art. 2(a)

10 E+W+S In section 23 (criminal liability of directors etc.), the existing words become subsection (1) and after that subsection add—

“(2) Where an offence under any provision of this Act is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a partner; or

(b) any person who was purporting to be a partner,

he (as well as the partnership) shall be guilty of that offence and liable to be proceeded against and punished accordingly.”

Commencement Information

I442 Sch. 15 para. 10 in force at 30.6.2006 for S. by S.S.I. 2006/381, art. 2(a)(i)

I443 Sch. 15 para. 10 in force at 6.7.2006 for E.W. by S.S.I. 2006/381, art. 2(b)(i)

11 E+W+S In section 24 (consultation with Security Industry Authority before making orders or regulations etc.)—

(a) after subsection (1) insert—

“(1A) But in Scotland “prescribed” in paragraph 8(3)(d) of Schedule 2 to this Act includes prescribed by regulations made by the Scottish Ministers.”;

(b) in subsection (2), after “Secretary of State” insert “ or the Scottish Ministers ”;

(c) in subsection (3), after paragraph (b) insert “or

(c) an order or regulations made by the Scottish Ministers,”;

(d) after subsection (3) insert—

“(3A) A statutory instrument containing an order or regulations made by the Scottish Ministers, other than an order under section 26(2), shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.”;

(e) in subsection (4), after “consult” insert “ the Scottish Ministers (except where the order is made by virtue of section 3(2)(j)) and ”; and

(f) in subsection (5)(b), at the end add “ (or where the order is, or regulations are, made by the Scottish Ministers, as the Scottish Ministers think fit) ”.

Commencement Information

I444 Sch. 15 para. 11 in force at 30.6.2006 for S. by S.S.I. 2006/381, art. 2(a)(i)

I445 Sch. 15 para. 11 in force at 6.7.2006 for E.W. by S.S.I. 2006/381, art. 2(b)(i)

12 E+W+S In section 26 (short title, commencement and extent)—

(a) after subsection (2) insert—

“(2A) In the application of this Act to Scotland—

(a) the reference in subsection (2) to the Secretary of State must be construed as a reference to the Scottish Ministers; but

(b) before making any order under subsection (2) the Scottish Ministers are to consult the Secretary of State.”; and

(b) in subsection (4), after “Wales” insert “ and to Scotland ”.

Commencement Information

I446 Sch. 15 para. 12 in force at 30.6.2006 for S. by S.S.I. 2006/381, art. 2(a)(i)

I447 Sch. 15 para. 12 in force at 6.7.2006 for E.W. by S.S.I. 2006/381, art. 2(b)(i)

13 E+W+S In Schedule 1 (the Security Industry Authority)—

(a) in paragraph 1 (membership and chairman), at the end add—

“(4) Before appointing the chairman, the Secretary of State shall consult the Scottish Ministers.”;

(b) in paragraph 3 (removal from office), the existing words become sub-paragraph (1) and after that sub-paragraph insert—

“(2) Before removing a person from office as chairman of the Authority, the Secretary of State shall consult the Scottish Ministers.”;

(c) in paragraph 6 (staff etc.), after sub-paragraph (2) insert—

“(2A) Before giving consent under sub-paragraph (2), the Secretary of State shall consult the Scottish Ministers.”;

(d) in paragraph 14 (money), after sub-paragraph (1) insert—

“(1A) The Scottish Ministers may make payments to the Authority out of the Scottish Consolidated Fund in relation to the exercise by the Authority of its functions in or as regards Scotland.”;

(e) in paragraph 16 (accounts)—

(i) in sub-paragraph (3), after second “State” insert “ , to the Scottish Ministers ”; and

(ii) after sub-paragraph (3) insert—

“(3A) The Scottish Ministers shall present documents received by them under sub-paragraph (3) to the Scottish Parliament.”; and

(f) in paragraph 17 (annual report)—

(i) in sub-paragraph (1), after “State” insert “ and to the Scottish Ministers ”; and

(ii) at the end add—

“(3) The Scottish Ministers shall lay a copy of each such report before the Scottish Parliament.”

Commencement Information

I448 Sch. 15 para. 13 in force at 30.6.2006 for S. by S.S.I. 2006/381, art. 2(a)(i)

I449 Sch. 15 para. 13 in force at 6.7.2006 for E.W. by S.S.I. 2006/381, art. 2(b)(i)

14 E+W+S In Schedule 2 (activities liable to control under the Private Security Industry Act 2001 (c. 12))—

(a) [F155 in paragraph 3 (immobilisation of vehicles), at the end add—

“(4) This paragraph does not apply to any activities carried out in Scotland.”;]

(b) in paragraph 4 (private investigations), after sub-paragraph (4) insert—

“(4A) This paragraph does not apply to any activities of a person who is an advocate or solicitor in Scotland in the provision of legal services—

(a) by him;

(b) by any firm of which he is a partner or by which he is employed;

(c) by any body corporate of which he is a director or member or by which he is employed.”;

(c) after paragraph 4 insert—

“Taking precognitions E+W+S

4A (1) This paragraph applies (subject to sub-paragraph (2)) to the taking, other than on behalf of the Crown, of a precognition for the purposes of, or in anticipation of—

(a) criminal or civil proceedings in Scotland; or

(b) proceedings on an application under section 65(7) or (9) of the Children (Scotland) Act 1995.

(2) This paragraph does not apply to any activities of a person who is an advocate or solicitor in Scotland.”;

(d) in paragraph 8(2) (door supervisors etc. for public houses, clubs and comparable venues) after paragraph (e) add—

“(f) any premises specified in a public house licence (within the meaning of the Licensing (Scotland) Act 1976) which is for the time being in force;

(g) any premises specified in an hotel licence (within the meaning of that Act) which is for the time being in force;

(h) any premises specified in an entertainment licence (within the meaning of that Act) which is for the time being in force if they comprise a dance hall;

(i) any premises comprised in a place to which an occasional licence granted under section 33(1) of that Act (occasional licence for premises other than licensed premises or clubs) to the holder of a public house licence or hotel licence extends;

(j) any premises comprised in a place to which an occasional permission granted under section 34(1) of that Act (occasional permission for sale of alcohol in the course of catering for events arising from or related to the activities of a voluntary organisation) extends;

(k) any premises comprised in a place or class of place for the time being specified by resolution under section 9(5)(b) of the Civic Government (Scotland) Act 1982 (resolution specifying place or class of place falling to be licensed if to be used as place of public entertainment);

(l) any premises comprised in a place where an activity for the time being designated under section 44(1) of that Act (additional activities for which a licence is required) is carried on provided that, in the case of an activity designated under paragraph (a) of that section, the requisite resolution under section 9 of that Act has been obtained;”; and

(e) after paragraph 9 add—

“Taking precognitions E+W+S

10 This paragraph applies to any activities which are activities of a security operative by virtue of paragraph 4A of this Schedule.”

Textual Amendments

F155 Sch. 15 para. 14(a) repealed (E.W.) (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 10 Pt. 3 (with s. 97); S.I. 2012/2075, art. 3(h)

Commencement Information

I450 Sch. 15 para. 14 in force at 30.6.2006 for S. by S.S.I. 2006/381, art. 2(a)(i)

I451 Sch. 15 para. 14 in force at 6.7.2006 for E.W. by S.S.I. 2006/381, art. 2(b)(i)

Section 174

SCHEDULE 16 E+W Remaining minor and consequential amendments (search warrants)

Incitement to Disaffection Act 1934 (c. 56) E+W

1 E+W In section 2 of the Incitement to Disaffection Act 1934 (which makes provision about search warrants), in subsection (2), for “one month” substitute “ three months ”.

Commencement Information

I452 Sch. 16 para. 1 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(s)

Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6) E+W

2 E+W In section 2 of the Public Order Act 1936 (prohibition of quasi-military organisations), in subsection (5), for “one month” substitute “ three months ”.

Commencement Information

I453 Sch. 16 para. 2 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(s)

Wireless Telegraphy Act 1949 (c. 54) E+W

F156 3 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F156 Sch. 16 para. 3 repealed (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 9 Pt. 1 (with Sch. 8 Pt. 1)

Licensing Act 1964 (c. 26) E+W

4 E+W Until their repeal by the Licensing Act 2003 (c. 17), the following provisions of the Licensing Act 1964 have effect as if for “one month” there were substituted “ three months ”

• section 54 (search warrants relating to clubs),

• section 85(1) (search warrants relating to parties organised for gain),

• section 187(1) (search warrants relating to sale of alcohol).

Commencement Information

I454 Sch. 16 para. 4 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(s)

Biological Weapons Act 1974 (c. 6) E+W

5 E+W In section 4 of the Biological Weapons Act 1974 (powers to search etc.), in subsection (1)(a), for “one month” substitute “ three months ”.

Commencement Information

I455 Sch. 16 para. 5 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(s)

Copyright, Designs and Patents Act 1988 (c. 48) E+W

6 (1) The Copyright, Designs and Patents Act 1988 is amended as follows. E+W

(2) In section 109 (search warrants), in subsection (3)(b), for “28 days” substitute “ three months ”.

(3) In section 200 (search warrants), in subsection (3)(b), for “28 days” substitute “ three months ”.

(4) In section 297B (search warrants), in subsection (3)(b), for “28 days” substitute “ three months ”.

Commencement Information

I456 Sch. 16 para. 6 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(s)

Computer Misuse Act 1990 (c. 18) E+W

F157 7 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F157 Sch. 16 para. 7 repealed (1.10.2008) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 4; S.I. 2008/2503, art. 2(d)

Trade Marks Act 1994 (c. 26) E+W

8 E+W In section 92A of the Trade Marks Act 1994 (search warrants), in subsection (3)(b), for “28 days” substitute “ three months ”.

Commencement Information

I457 Sch. 16 para. 8 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(s)

Section 174

SCHEDULE 17 E+W Repeals and revocations

Part 1 E+W Repeals coming into force on Royal Assent

Short title and chapter	Extent of repeal
Police Reform Act 2002 (c. 30)	Section 95. In Schedule 8, the reference to section 5 of the Police (Health and Safety) Act 1997 (c. 42).

Part 2 E+W Other repeals and revocations

Commencement Information

I458 Sch. 17 Pt. 2 in force at 1.7.2005 for specified purposes by S.I. 2005/1521, art. 3(1)(ee)

I459 Sch. 17 Pt. 2 in force at 1.1.2006 for specified purposes by S.I. 2005/3495, art. 2(1)(t)

I460 Sch. 17 Pt. 2 in force at 1.4.2006 for specified purposes for S. by S.S.I. 2006/166, art. 2(1)(d)

I461 Sch. 17 Pt. 2 in force at 1.4.2006 for specified purposes by S.I. 2006/378, art. 4(1), Sch. para. 13 (with art. 4(2)-(7))

I462 Sch. 17 Pt. 2 in force at 6.4.2006 for specified purposes for E.W. by S.I. 2006/378, art. 7(f)

I463 Sch. 17 Pt. 2 in force at 8.5.2006 for specified purposes by S.I. 2006/1085, art. 2(d)

I464 Sch. 17 Pt. 2 in force at 1.4.2008 for specified purposes for N.I. by S.I. 2008/697, art. 2(f)

Short title and chapter or title and number	Extent of repeal or revocation
Unlawful Drilling Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 1)	In section 2, the words “, or for any other person acting in their aid or assistance,”.
Vagrancy Act 1824 (c. 83)	Section 6.
Railway Regulation Act 1842 (c. 55)	Section 17.
Companies Clauses Consolidation Act 1845 (c. 16)	In section 156, the words “, and all persons called by him to his assistance,”.
Railways Clauses Consolidation Act 1845 (c. 20)	Sections 104 and 154.
Licensing Act 1872 (c. 94)	In section 12, the words “may be apprehended, and”.
Public Stores Act 1875 (c. 25)	Section 12(1).
London County Council (General Powers) Act 1894 (c. ccxii)	In section 7, the words “and any person called to the assistance of such constable or person authorised”.
London County Council (General Powers) Act 1900 (c. cclxviii)	In section 27, the words “and any person called to the assistance of such constable or officer”.
Licensing Act 1902 (c. 28)	In section 1, the words “apprehended and”. In section 2(1), the words “may be apprehended, and”.
Protection of Animals Act 1911 (c. 27)	Section 12(1).
Official Secrets Act 1911 (c. 28)	Section 6.
Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)	Section 7(3).
Army Act 1955 (3 & 4 Eliz. 2 c. 18)	Section 83BC(2)(k).
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)	Section 83BC(2)(k).
Naval Discipline Act 1957 (c. 53)	Section 52IJ(2)(k).
Public Records Act 1958 (c. 51)	In Schedule 1, in Part 2 of the Table at the end of paragraph 3, the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service.
Street Offences Act 1959 (c. 57)	Section 1(3).
Trustee Investments Act 1961 (c. 62)	In section 11(4), in paragraph (a), the words “, the Service Authority for the National Crime Squad”, and paragraph (e). In Part 2 of Schedule 1, paragraph 9(da).
Parliamentary Commissioner Act 1967 (c. 13)	In Schedule 2, the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service.
Police (Scotland) Act 1967 (c. 77)	In section 33, in subsections (3) and (4), the words “and the National Criminal Intelligence Service”. Section 38A(1)(ba). In section 41(4)(a), the words “or by a member of the National Criminal Intelligence Service or of the National Crime Squad”.
Criminal Justice Act 1967 (c. 80)	In section 91(1), the words “may be arrested without warrant by any person and”.
Leasehold Reform Act 1967 (c. 88)	Section 28(5)(bc).
Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c. xxix)	In Article 19 of the Order set out in the Schedule, the words “and any person called to the assistance of such constable or officer”.
Theft Act 1968 (c. 60)	Section 25(4).
Port of London Act 1968 (c. xxxii)	In section 2, the definition of “arrestable offence”. Section 170.
Employment Agencies Act 1973 (c. 35)	In section 13(7)(f), the words “, the Service Authority for the National Criminal Intelligence Service, the Service Authority for the National Crime Squad”.
House of Commons Disqualification Act 1975 (c. 24)	Section 1(1)(da). In Schedule 1, in Part 2, the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)	Section 1(1)(da). In Schedule 1, in Part 2, the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service.
Sex Discrimination Act 1975 (c. 65)	In section 17(7), in the definition of “chief officer of police”, paragraph (aa), in the definition of “police authority”, paragraph (aa) and, in the definition of “police fund” the words from “, in relation to” (in the second place where they occur) to “the Police Act 1997”.
Police Pensions Act 1976 (c. 35)	In section 11(5), in paragraph (a) of the definition of “central service”, “(ca), (cb),”.
Race Relations Act 1976 (c. 74)	In section 76B, subsection (1) and, in subsection (2), the word “also”. In Schedule 1A, in Part 1, paragraphs 59 and 60 and, in Part 3, the entry relating to the Director General of the National Crime Squad.
Criminal Law Act 1977 (c. 45)	Section 6(6). Section 7(6). Section 8(4). Section 9(7). In section 10(5), the words “A constable in uniform,”.
Theft Act 1978 (c. 31)	Section 3(4).
Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))	In Article 47A(2), sub-paragraph (b).
Animal Health Act 1981 (c. 22)	Section 61(1). Section 62(1).
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)	In Schedule 3, paragraph 24.
Aviation Security Act 1982 (c. 36)	Section 28(3).
Stock Transfer Act 1982 (c. 41)	In Schedule 1, in paragraph 7(1), paragraph (bb) and the word “or” before it.
Police and Criminal Evidence Act 1984 (c. 60)	Section 5(1A). In section 15(2)(a)(i), the word “and” at the end. Section 25. Section 55(14A). In section 66(1)(a)(i), the word “or” at the end. Section 116. In section 118(1), the definition of “arrestable offence”. In Schedule 1, in paragraph 14(a), the words “to which the application relates”. Schedule 1A. In Schedule 2, the entries relating to the Military Lands Act 1892 (c. 43), the Protection of Animals Act 1911 (c. 27), the Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6), the Street Offences Act 1959 (c. 57), the Criminal Law Act 1977 (c. 45) and the Animal Health Act 1981 (c. 22). Schedule 5. In Schedule 6, paragraph 17.
Prosecution of Offences Act 1985 (c. 23)	In section 3(3), in the definition of “police force”, the words “, the National Crime Squad”.
Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)	In section 7(2), the words “, and may arrest such a person”.
Public Order Act 1986 (c. 64)	Section 3(6). Section 4(3). Section 4A(4). Section 5(4) and (5). Section 12(7). Section 13(10). Section 14(7). Section 14B(4). Section 14C(4). Section 18(3).
Ministry of Defence Police Act 1987 (c. 4)	In section 2B(3), in the definitions of “chief officer” and “relevant force”, paragraphs (c) and (d).
Criminal Justice Act 1988 (c. 33)	Section 140(1)(a) and (b). In Schedule 15, paragraphs 98 and 102.
Road Traffic Act 1988 (c. 52)	Section 4(6) to (8). In section 124(2), the definitions of “chief officer of police”, “police authority” and “police force”. Section 144(2)(ba). Section 163(4).
Road Traffic (Consequential Provisions) Act 1988 (c. 54)	In Schedule 3, paragraph 27(5).
Football Spectators Act 1989 (c. 37)	Section 2(4).
Aviation and Maritime Security Act 1990 (c. 31)	In section 22(4)(b), sub-paragraph (iii) and the word “or” before it. In Schedule 3, paragraph 8.
Football (Offences) Act 1991 (c. 19)	Section 5(1).
Road Traffic Act 1991 (c. 40)	In Schedule 4, paragraph 39.
Local Government Finance Act 1992 (c. 14)	In section 43(7)(b), “, (5A)”.
Transport and Works Act 1992 (c. 42)	Section 30(1) and (3). Section 40.
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)	Section 241(3).
Tribunals and Inquiries Act 1992 (c. 53)	In section 7(2), after “36A”, “(a) or (b)”. In Schedule 1, in paragraph 36A, “(a)” and sub-paragraph (b).
Criminal Justice and Public Order Act 1994 (c. 33)	Section 61(5). Section 62B(4). Section 63(8). Section 65(5). Section 68(4). Section 69(5). Section 76(7). Section 85(1), (2) and (3). Section 155. Section 166(4). Section 167(7). In Schedule 10, paragraph 59.
Drug Trafficking Act 1994 (c. 37)	In Schedule 1, paragraph 9 and, in paragraph 25, the words “section 9(6) of” and the words after “1990”.
Criminal Appeal Act 1995 (c. 35)	In section 22(2), in paragraph (a), the words “, the National Crime Squad”, paragraph (b)(ii) and paragraphs (d) and (e).
Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)	In Schedule 4, paragraph 76(2).
Disability Discrimination Act 1995 (c. 50)	In the section 64A inserted by the Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), in subsection (7), in the definitions of “chief officer of police”, “police authority” and “police fund”, paragraph (b).
Reserve Forces Act 1996 (c. 14)	In Schedule 2, paragraph 2(1).
Police Act 1996 (c. 16)	Section 23(8). Section 24(5). In section 54(2), the words “the National Criminal Intelligence Service and the National Crime Squad”. Section 55(7). Section 59(8). Section 60(2A). Section 61(1)(aa) and (ba). In section 62, subsection (1)(aa) and (ab), the subsection (1A) inserted by paragraph 82(2) of Schedule 9 to the Police Act 1997, and subsections (1B) and (1C). In section 63, subsections (1A) and (1B). In section 64, subsections (4A) and (4B). In section 88(5)(b), the words “or section 23 of the Police Act 1997”. In section 89(4)(a), the words “or by a member of the National Crimina Intelligence Service or of the National Crime Squad”. Section 97(1)(ca) and (cb). In section 98, in subsections (2) and (3), the words “or the Director General of the National Crime Squad” and “or the National Crime Squad”, subsection (3A), in subsection (4) the words “or the National Crime Squad” and “or the Director General of the National Crime Squad”, in subsection (5) the words “or the National Crime Squad” (in both places) and “or the Director General of the National Crime Squad” and subsection (6A).
Employment Rights Act 1996 (c. 18)	Section 50(2)(ca).
Offensive Weapons Act 1996 (c. 26)	Section 1(1).
Public Order (Amendment) Act 1996 (c. 59)	The whole Act.
Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6))	In Schedule 2, the entry relating to members of the National Criminal Intelligence Service, members of the Service Authority for the National Criminal Intelligence Service and persons employed by the Authority.
Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))	Article 67KA(3)(b). Article 72A(2)(b). Article 169A(2)(b).
Confiscation of Alcohol (Young Persons) Act 1997 (c. 33)	Section 1(5).
Police (Health and Safety) Act 1997 (c. 42)	In section 5(3), in the definition of “relevant authority” paragraphs (c) and (d), in the definition of “relevant fund” paragraphs (b) and (c) and, in the definition of “responsible officer”, paragraph (b).
Police Act 1997 (c. 50)	Sections 1 to 87. Sections 89 and 90. In section 93(6), paragraphs (d) and (e). In section 94, in subsection (1) paragraph (c) and the word “or” before it and subsections (3) and (4)(c). In section 111, in subsection (1), paragraphs (c) and (d), in subsection (2), paragraphs (d) and (e) and, in subsection (3), paragraphs (c) and (d). Section 113. Section 115. In section 125 as it applies to Scotland, subsection (3) and, in subsection (4), the words “to which subsection (3) does not apply”. In section 137(2), paragraphs (b) and (c). Schedules 1 to 2A. In Schedule 9, paragraphs 1, 4 to 6, 11, 14(b), 15, 16, 20, 26, 29(2), 30(2), 31, 44, 46 to 48, 54, 58 to 62, 69, 70, 71(2)(a), (c), (d) and (3), 73, 74, 76, 77, 79 to 84, 86(3) and (4), 87, 88 and 92.
Police (Health and Safety) (Northern Ireland) Order 1997 (S.I. 1997/1774 (N.I. 6))	In Article 7(3), in the definition of “the relevant authority”, sub-paragraph (b), in the definition of “the relevant fund”, sub-paragraph (a) and, in the definition of “the responsible officer”, sub-paragraph (b).
Police (Northern Ireland) Act 1998 (c. 32)	Section 27(1)(b). In section 42, in subsection (1) “, (3)”, and subsection (7). In Schedule 4, paragraph 22.
Crime and Disorder Act 1998 (c. 37)	In section 1C, subsections (6) to (8). Section 27(1). Section 31(2) and (3). Section 113.
Protection of Children Act 1999 (c. 14)	Section 8.
Terrorism Act 2000 (c. 11)	In Schedule 15, paragraph 5(11).
Care Standards Act 2000 (c. 14)	Section 90. Section 102. Section 104. In Schedule 4, paragraph 25.
Regulation of Investigatory Powers Act 2000 (c. 23)	In section 33, in subsection (1) the words “, the National Criminal Intelligence Service or the National Crime Squad” and “, Service or Squad”, in subsection (3) the words “, the National Criminal Intelligence Service or the National Crime Squad” and (in both places) “, Service or Squad” and, in subsection (6), in paragraph (e) the words “and also of the National Criminal Intelligence Service” and paragraph (f). In section 34, subsections (5) and (6)(c). In section 45(6), paragraphs (d) and (e). In section 56(1), in the definition of “chief officer of police”, paragraphs (j) and (k) Section 75(6)(b). In section 76A(11)(c) the words “the National Crime Squad or”. In Schedule 1, paragraph 27D and the cross-heading before it. In Schedule 4, paragraph 8(4)(c) and (5).
Football (Disorder) Act 2000 (c. 25)	Section 2. In Schedule 2, paragraph 2.
Police (Northern Ireland) Act 2000 (c. 32)	In Schedule 6, in paragraph 20, sub-paragraphs (4) to (7).
Freedom of Information Act 2000 (c. 36)	In section 23(3), the word “and” at the end of paragraph (k). In Schedule 1, in Part 6, the entries relating to the National Crime Squad and the Service Authority for the National Crime Squad.
Criminal Justice and Court Services Act 2000 (c. 43)	In Schedule 7, paragraph 77.
Health and Social Care Act 2001 (c. 15)	Section 19.
Criminal Justice and Police Act 2001 (c. 16)	Section 42(8). Section 47(3). In section 104, subsection (3), in subsection (4) paragraph (c) and the word “and” before it, and subsection (8). In section 107, subsections (1)(c) and (4). Sections 108 to 121. Section 138(6)(d). In Schedule 4, paragraph 7(3)(b). Schedule 5. In Schedule 6, paragraphs 1 to 21, 55, 56, 60, 61 and 77.
Anti-terrorism, Crime and Security Act 2001 (c. 24)	Section 39(8).
Regulation of Care (Scotland) Act 2001 (asp 8)	In Schedule 3, paragraph 21.
International Development Act 2002 (c. 1)	In Schedule 3, paragraphs 3(3), 11(3) and 12(3).
National Health Service Reform and Health Care Professions Act 2002 (c. 17)	In Schedule 2, paragraph 64.
Proceeds of Crime Act 2002 (c. 29)	In section 313(1), paragraphs (c) and (d). In section 330, F158 ... in subsection (9)(b), the words after “employment”. F159 ... F159 ... F159 ... In section 337(5)(b), the words after “employment”. In section 338, subsection (1)(b) (except the word “and” at the end) and, in subsection (5)(b), the words after “employment”. Section 339(5) and (6). In section 447(3)(a), the word “or” at the end. In Schedule 11, paragraphs F160 ... 14(4), 30(3) and (4) and 34(3) and (4).
Police Reform Act 2002 (c. 30)	Section 8. In section 9(3)(e) the words “is or”. In section 10, in subsection (1), at the end of paragraph (e) the word “and”, in paragraph (f) the words “the National Criminal Intelligence Service, the National Crime Squad and”, in subsection (3), paragraph (a) and, in paragraph (d), the words “the National Criminal Intelligence Service, the National Crime Squad or” and, in subsection (7), the word “or” at the end of paragraph (a). In section 15(6), the words from “or, as the case may be” to the end of the subsection. Section 25. In section 38, subsection (3), in subsection (4) the words “or a Director General” and, in subsection (7), the words “or of a Service Authority”. Section 42(4) and (8). In section 45, in subsection (1) the words “and by Directors General”, in subsection (3) paragraphs (a), (b), (d) and (e) and, in subsection (5), the words “or a Director General”. In section 47(1), the definitions of “Director General” and “Service Authority”. Section 48. Section 49(1). In section 82, subsection (1)(c) and (f), in subsection (2), paragraph (c) and the word “or” before it, subsection (3)(d) and subsection (5). Sections 85 to 91. Section 93. In section 102, in subsection (2), paragraphs (c) and (d) and, in subsection (5), paragraphs (b) and (c). In section 103, subsections (2) and (3) and, in subsection (6), the words “, the NCIS service fund or the NCS service fund,”. Section 108(7)(e). Schedule 1. In Schedule 4, paragraph 2(5)(a) and (7), and in paragraph 36(1), paragraph (b) and the word “and” before it. In Schedule 5, in paragraph 1(2)(aa), the words “except in respect of an offence under section 12 of the Licensing Act 1872 or section 91 of the Criminal Justice Act 1967”. Schedule 6. In Schedule 7, paragraphs 16, 17, 19(2) and (3), 21 and 22(2).
Education Act 2002 (c. 32)	Part 2 of Schedule 12. In Schedule 13, paragraphs 7 and 8. In Schedule 21, paragraphs 72 and 73.
Adoption and Children Act 2002 (c. 38)	Section 135. In Schedule 3, paragraph 93.
Licensing Act 2003 (c. 17)	In Schedule 6, paragraphs 93 and 116.
Aviation (Offences) Act 2003 (c. 19)	Section 1(1).
Communications Act 2003 (c. 21)	Section 181(1).
Crime (International Co-operation) Act 2003 (c. 32)	In section 17(3), the words “the Police and Criminal Evidence Act 1984 (c. 60) or (as the case may be)”. Section 85.
Anti-social Behaviour Act 2003 (c. 38)	Section 4(5). Section 23(5). Section 32(3). Section 37(3).
Courts Act 2003 (c. 39)	In Schedule 8, paragraphs 12 and 281(2).
Sexual Offences Act 2003 (c. 42)	In Schedule 6, paragraph 28(3) and (4).
Criminal Justice Act 2003 (c. 44)	Section 3. In Schedule 35, paragraphs 3 and 4.
Protection of Children (Scotland) Act 2003 (asp 5)	Section 12.
Criminal Justice (Scotland) Act 2003 (asp 7)	Section 70(3).
Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (S.I. 2003/417 (N.I. 4))	Article 17(4) to (6). Article 47(3) to (5).
Energy Act 2004 (c. 20)	In section 59(3), in the definition of “chief officer”, paragraphs (c) and (d) and, in the definition of “relevant force”, paragraphs (c) and (d). In Schedule 14, paragraph 11(b).
Domestic Violence, Crime and Victims Act 2004 (c. 28)	Section 10(1). In Schedule 10, paragraph 24.
Hunting Act 2004 (c. 37)	Section 7.
Prevention of Terrorism Act 2005 (c. 2)	Section 9(9).
Serious Organised Crime and Police Act 2005 (c. 15)	Section 112(6) and (7). Section 126(2) and (3). Section 130(1). Section 136(5).

Textual Amendments

F158 Words in Sch. 17 Pt. 2 omitted (1.1.2006) by virtue of Serious Organised Crime and Police Act 2005 (Amendment) Order 2005 (S.I. 2005/3496), arts. 1(1), 5(a)

F159 Words in Sch. 17 Pt. 2 omitted (1.1.2006) by virtue of Serious Organised Crime and Police Act 2005 (Amendment) Order 2005 (S.I. 2005/3496), arts. 1(1), 5(b)

F160 Word in Sch. 17 Pt. 2 omitted (1.1.2006) by virtue of Serious Organised Crime and Police Act 2005 (Amendment) Order 2005 (S.I. 2005/3496), arts. 1(1), 5(c)