(2E) In subsection (2D) “non-human-rights ground” means any ground
other than the ground that removal of the person from the United
Kingdom in consequence of the decision to make the deportation order
would be unlawful under section 6 of the Human Rights Act 1998 as
5being incompatible with a person’s Convention rights.

(2F) If a certificate in respect of a person is given under subsection (2B), the
person may apply to the Special Immigration Appeals Commission to
set aside the certificate.

(2G) If a person makes an application under subsection (2F) then the
10Commission, in determining whether the certificate should be set aside,
must apply the principles that would be applied in judicial review
proceedings.

(2H) The Commission’s determination of a review under subsection (2F) is
final.

(2J) 15The Commission may direct that a person who has made and not
withdrawn an application under subsection (2F) is not to be removed
from the United Kingdom at a time when the review has not been
finally determined by the Commission.

(2K) Sections 5 and 6 of the Special Immigration Appeals Commission Act
201997 apply in relation to reviews under subsection (2F) (and to
applicants for such reviews) as they apply in relation to appeals under
section 2 or 2B of that Act (and to persons bringing such appeals).

(2L) Any exercise of power to make rules under section 5 of that Act in
relation to reviews under subsection (2F) is to be with a view to
25securing that proceedings on such reviews are handled expeditiously.”

(5) In subsection (3) (appeal against certificate under subsection (2)(c)(iii)) for
“(2)(c)(iii)” substitute “(2D)”.

40 Powers of immigration officers

(1) In the Police Act 1997, in section 93 (authorisations to interfere with property
30etc: authorising officers), in subsection (5), after paragraph (h) insert—

“(ha) an immigration officer who is a senior official within the
meaning of the Regulation of Investigatory Powers Act 2000
and who is designated for the purposes of this paragraph by the
Secretary of State;”.

(2) 35In the Regulation of Investigatory Powers Act 2000, in section 32(6)
(authorisation of intrusive surveillance: senior authorising officers), after
paragraph (m) insert—

“(ma) a senior official in the department of the Secretary of State by
whom functions relating to immigration are exercisable who is
40designated for the purposes of this paragraph by the Secretary
of State; and”.

(3) The Proceeds of Crime Act 2002 is amended in accordance with subsections (4)
and (5).

(4) In the 2002 Act—

(a) 45in section 47A (search and seizure powers under sections 47B to 47S:
meaning of “appropriate officer”), in subsection (1), after paragraph (a)

insert—

“(aa) an immigration officer;”;

(b) in section 127A (search and seizure powers in Scotland under sections
127B to 127R: meaning of “appropriate officer”), in subsection (1), after
5paragraph (a) insert—

“(aa) an immigration officer, or”;

(c) in section 195A (search and seizure powers in Northern Ireland under
sections 195B to 195S: meaning of “appropriate officer”), in subsection
(1), after paragraph (a) insert—

“(aa) 10an immigration officer, or”.

(5) In section 378 of the 2002 Act (appropriate officers and senior appropriate
officers for the purposes of investigations under Part 8 of that Act)—

(a) in subsection (1) (appropriate officers for confiscation investigations),
after paragraph (d) insert—

“(e) 15an immigration officer.”;

(b) in subsection (2) (senior appropriate officers for confiscation
investigations), after paragraph (c) insert—

“(ca) an immigration officer who is not below such grade as is
designated by the Secretary of State as equivalent to that
20rank;”;

(c) in subsection (3A) (appropriate officers for detained cash
investigations), after paragraph (b) insert—

“(c) an immigration officer.”;

(d) in subsection (4) (appropriate officers for money laundering
25investigations), after paragraph (c) insert—

“(d) an immigration officer.”;

(e) in subsection (6) (senior appropriate officers in relation to money
laundering investigations), after paragraph (b) insert—

“(ba) an immigration officer who is not below such grade as is
30designated by the Secretary of State as equivalent to that
rank;”.

(6) In the UK Borders Act 2007, in section 24 (seizure of cash by immigration
officers under Proceeds of Crime Act 2002)—

(a) in subsection (2), for paragraphs (a) and (b) substitute—

“(a) 35unlawful conduct”, in or in relation to section 289,
means conduct which—

(i) relates to the entitlement of one or more persons
who are not nationals of the United Kingdom to
enter, transit across, or be in, the United
40Kingdom (including conduct which relates to
conditions or other controls on any such
entitlement), or

(ii) is undertaken for the purposes of, or otherwise
in relation to, a relevant nationality enactment,

45and (in either case) constitutes an offence,”;

(b) after subsection (2) insert—

“(2A) In subsection (2)(a)(ii) “relevant nationality enactment” means
any enactment in—

(a) the British Nationality Act 1981,

(b) the Hong Kong Act 1985,

(c) the Hong Kong (War Wives and Widows) Act 1996,

(d) the British Nationality (Hong Kong) Act 1997,

(e) the British Overseas Territories Act 2002, or

(f) 5an instrument made under any of those Acts.”.

(7) Sections 136 to 139 of the Criminal Justice and Public Order Act 1994 (execution
of warrants and powers of arrest and search) apply to an immigration officer
as they apply to a constable (but subject to subsection (8) below and
paragraphs 41 to 43 of Schedule 20).

(8) 10An immigration officer may exercise a power under sections 136 to 139 of the
1994 Act only—

(a) in the exercise of a function which relates to the entitlement of one or
more persons who are not nationals of the United Kingdom to enter,
transit across, or be in, the United Kingdom (including a function
15which relates to conditions or other controls on any such entitlement),

(b) in exercising a function under, or for the purposes of—

(i) the British Nationality Act 1981,

(ii) the Hong Kong Act 1985,

(iii) the Hong Kong (War Wives and Widows) Act 1996,

(iv) 20the British Nationality (Hong Kong) Act 1997,

(v) the British Overseas Territories Act 2002,

(vi) an instrument made under any of those Acts, or

(c) in connection with the prevention, investigation or prosecution of any
of the following offences (insofar as that does not involve the exercise
25of a function which falls within paragraph (a) or (b))—

(i) an offence under section 26(1)(a), (b) or (g) of the Immigration
Act 1971 (refusal or failure to submit to examination or to
furnish information etc, or obstruction of immigration officer);

(ii) an offence under section 22 of the UK Borders Act 2007
30(assaulting an immigration officer).

(9) The Criminal Law (Consolidation) (Scotland) Act 1995 is amended in
accordance with subsections (10) to (12).

(10) In section 24 of the 1995 Act (detention and questioning at office of Revenue
and Customs)—

(a) 35in subsection (1), in the words before paragraph (a), for the words from
the beginning to “the officer may” substitute—

“(A1) The powers conferred by subsection (1) are exercisable—

(a) by an officer of Revenue and Customs where the officer
has reasonable grounds for suspecting that a person has
40committed or is committing a Revenue and Customs
offence punishable by imprisonment, or

(b) by an immigration officer where the officer has
reasonable grounds for suspecting that a person has
committed or is committing an immigration offence or
45nationality offence punishable by imprisonment.

(1) The officer may”;

(b) in subsection (1), in the words after paragraph (b)—

(i) after “Customs” (in the first place) insert “(in a case falling
within subsection (A1)(a)) or police station (in a case falling
within subsection (A1)(b)”;

(ii) after “premises” (in the first place) insert “(in either of those
5cases)”;

(iii) for “or, as the case may be,” substitute “or police station, or”;

(iv) at the end insert “(as the case may be)”.

(11) In section 26A of the 1995 Act (power of arrest)—

(a) the existing provision becomes subsection (1) of section 26A;

(b) 10in subsection (1), for “an authorised officer” substitute “an authorised
officer of Revenue and Customs”;

(c) after subsection (1) insert—

“(2) Where an authorised immigration officer has reasonable
grounds for suspecting that an immigration offence or
15nationality offence or immigration enforcement offence has
been or is being committed, the officer may arrest without
warrant any person whom the officer has reasonable grounds
for suspecting to be guilty of the offence.

(3) In this section—

(a) 20“authorised officer of Revenue and Customs” means an
officer of Revenue and Customs acting with the
authority (which may be general or specific) of the
Commissioners for Her Majesty’s Revenue and
Customs;

(b) 25“authorised immigration officer” means an immigration
officer acting with the authority (which may be general
or specific) of the Secretary of State.”

(12) In section 26B of the 1995 Act (interpretation of Part 3 etc), in subsection (1),
after the definition of “authorised officer” insert—

• 30““immigration offence” means an offence involving conduct
  which relates to the entitlement of one or more persons who are
  not nationals of the United Kingdom to enter, transit across, or
  be in, the United Kingdom (including conduct which relates to
  conditions or other controls on any such entitlement);

• 35“immigration enforcement offence” means any of the following
  offences (insofar as they are not immigration or nationality
  offences)—

  (a)

  an offence under section 26(1)(a), (b) or (g) of the
  Immigration Act 1971 (refusal or failure to submit to
  40examination or to furnish information etc, or
  obstruction of immigration officer);

  (b)

  an offence under section 22 of the UK Borders Act 2007
  (assaulting an immigration officer);

• “nationality offence” means an offence involving conduct which is
  45undertaken for the purposes of, or otherwise in relation to, an
  enactment in—

  (a)

  the British Nationality Act 1981,

  (b)

  the Hong Kong Act 1985,

  (c)

  the Hong Kong (War Wives and Widows) Act 1996,

  (d)

  50the British Nationality (Hong Kong) Act 1997,

  Crime and Courts BillPage 44

  (e)

  the British Overseas Territories Act 2002, or

  (f)

  an instrument made under any of those Acts.”

(13) In the Criminal Procedure (Scotland) Act 1995, in section 307 (interpretation)—

(a) in subsection (1), in the definition of “officer of law”, after paragraph
5(ba) insert—

• “(bb)

  subject to subsection (1AA) below, an
  immigration officer acting with the authority
  (which may be general or specific) of the
  Secretary of State;”;

(b) 10after subsection (1A) insert—

“(1AA) The inclusion of immigration officers as “officers of law” shall
have effect only in relation to immigration offences and
nationality offences (within the meaning of Part 3 of the
Criminal Law (Consolidation) (Scotland) Act 1995).”;

(c) 15in subsection (1B), for the words from “this Act” to “had the authority”
substitute “this Act—

(a) a certificate of the Commissioners for Her Majesty’s
Revenue and Customs that an officer of Revenue of
Customs, or

(b) 20a certificate of the Secretary of State that an immigration
officer,

had the authority”.

(14) Schedule 20 (powers of immigration officers: further provision) has effect.

Drugs and driving

41 25Drugs and driving

(1) After section 5 of the Road Traffic Act 1988 (“the 1988 Act”) insert—

“5A Driving or being in charge of a motor vehicle with concentration of
specified controlled drug above specified limit

(1) This section applies where a person (“D”)—

(a) 30drives or attempts to drive a motor vehicle on a road or other
public place, or

(b) is in charge of a motor vehicle on a road or other public place,

and there is in D’s body a specified controlled drug.

(2) D is guilty of an offence if the proportion of the drug in D’s blood or
35urine exceeds the specified limit for that drug.

(3) It is a defence for a person (“D”) charged with an offence under this
section to show that—

(a) the specified controlled drug had been prescribed or supplied
to D for medical or dental purposes,

(b) 40D took the drug in accordance with any directions given by the
person by whom the drug was prescribed or supplied, and with
any accompanying instructions (so far as consistent with any
such directions) given by the manufacturer or distributor of the
drug, and

(c) D’s possession of the drug immediately before taking it was not
unlawful under section 5(1) of the Misuse of Drugs Act 1971
(restriction of possession of controlled drugs) because of an
exemption in regulations made under section 7 of that Act
5(authorisation of activities otherwise unlawful under foregoing
provisions).

(4) The defence in subsection (3) is not available if D’s actions were—

(a) contrary to any advice, given by the person by whom the drug
was prescribed or supplied, about the amount of time that
10should elapse between taking the drug and driving a motor
vehicle, or

(b) contrary to any accompanying instructions about that matter
(so far as consistent with any such advice) given by the
manufacturer or distributor of the drug.

(5) 15If evidence is adduced that is sufficient to raise an issue with respect to
the defence in subsection (3), the court must assume that the defence is
satisfied unless the prosecution proves beyond reasonable doubt that it
is not.

(6) It is a defence for a person (“D”) charged with an offence by virtue of
20subsection (1)(b) to prove that at the time D is alleged to have
committed the offence the circumstances were such that there was no
likelihood of D driving the vehicle whilst the proportion of the
specified controlled drug in D’s blood or urine remained likely to
exceed the specified limit for that drug.

(7) 25The court may, in determining whether there was such a likelihood,
disregard any injury to D and any damage to the vehicle.

(8) In this section, and in sections 3A, 6C(1), 6D and 10, “specified” means
specified in regulations made—

(a) by the Secretary of State, in relation to driving or attempting to
30drive, or being in charge of a vehicle, in England and Wales;

(b) by the Scottish Ministers, in relation to driving or attempting to
drive, or being in charge of a vehicle, in Scotland.

(9) A limit specified under subsection (2) may be zero.”

(2) In section 11 of the 1988 Act (interpretation of sections 3A to 10), in subsection
35(2)—

(a) before the definition of “drug” insert—

• ““controlled drug” has the meaning given by section 2 of
  the Misuse of Drugs Act 1971,”;

(b) at the end insert—

• 40““specified”, in relation to a controlled drug, has the
  meaning given by section 5A(8)”.

(3) In section 195 of the 1988 Act (provisions as to regulations), in subsection (3),
and in subsections (4) and (4A) (regulations subject to affirmative resolution
procedure), before “8(3)” insert “5A,”.

(4) 45In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
punishment of offences under the Traffic Acts), after the entry beginning “RTA

section 5(1)(b)” insert—

(5) In the entry inserted by subsection (4) beginning “RTA section 5A(1)(a) and
(2)”, in relation to an offence committed before the commencement of section
281(5) of the Criminal Justice Act 2003 the reference to 51 weeks (on conviction
25in England and Wales) is to be read as a reference to 6 months.

(6) In the entry inserted by subsection (4) beginning “RTA section 5A(1)(b) and
(2)”, in relation to an offence committed before the commencement of section
280(2) of the Criminal Justice Act 2003 the reference to 51 weeks (on conviction
in England and Wales) is to be read as a reference to 3 months.

(7) 30Schedule 21 (drugs and driving: minor and consequential amendments) has
effect.

Public order

42 Public order offences

(1) The Public Order Act 1986 is amended as follows.

(2) 35In section 5(1) (harassment, alarm or distress) for “, abusive or insulting” in the
two places where it occurs substitute “or abusive”.

(3) In section 6(4) (mental element: miscellaneous) for “, abusive or insulting” in
the two places where it occurs substitute “or abusive”.

General

43 Orders and regulations

(1) Orders and regulations made by the Secretary of State or Lord Chancellor
under this Act are to be made by statutory instrument.

(2) 5An order made by the Secretary of State under section 2 is subject to super-
affirmative procedure.

(3) Schedule 22 (super-affirmative procedure) has effect.

(4) The Secretary of State or Lord Chancellor may not make a statutory instrument
containing any of the following (whether or not also containing other
10provisions) unless a draft of the instrument has been laid before, and approved
by a resolution of, each House of Parliament—

(a) an order under paragraph 33 or 34 of Schedule 3;

(b) regulations under paragraph 5 of Schedule 5;

(c) an order under paragraph 27 or 28 of Schedule 5 which amends or
15repeals any provision of primary legislation;

(d) an order under section 12;

(e) an order under paragraph (p) of the definition of “permitted purpose”
in section 15(1);

(f) an order under paragraph 85 of Schedule 13;

(g) 20an order under section 28(1);

(h) an order under paragraph 3(1)(c) or 31 of Schedule 16;

(i) an order under section 44 which amends or repeals any provision of
primary legislation;

(j) an order under section 46 bringing anything in Part 4 of Schedule 15
25into force or bringing section 31 into force so far as relating to anything
in that Part of that Schedule, other than an order which makes the
provision permitted by section 46(5) or (6).

(5) A statutory instrument made by the Secretary of State or Lord Chancellor
containing any of the following is subject to annulment in pursuance of a
30resolution of either House of Parliament—

(a) regulations under paragraph 1 of Schedule 4;

(b) an order under paragraph 27 or 28 of Schedule 5 which does not amend
or repeal any provision of primary legislation;

(c) regulations under paragraph 5 of Schedule 6;

(d) 35regulations under section 13;

(e) an order under section 44 which does not amend or repeal any
provision of primary legislation.

(6) Subsection (5) does not apply to a statutory instrument that is subject to a
requirement that a draft of the instrument be laid before, and approved by a
40resolution of, each House of Parliament.

(7) Any provision that may be made by the Secretary of State by order under this
Act may be made by the Secretary of State by regulations (and where, in
reliance on this subsection, provision is made by regulations instead of by
order, this Act applies in relation to the regulations as it would otherwise apply
45in relation to the order).

(8) Any provision that may be made by the Secretary of State by regulations under
this Act may be made by the Secretary of State by order (and where, in reliance
on this subsection, provision is made by order instead of by regulations, this
Act applies in relation to the order as it would otherwise apply in relation to
5the regulations).

(9) An order made by the Scottish Ministers under paragraph 27 or 28 of Schedule
5 is subject to the negative procedure unless it amends or repeals any provision
of primary legislation, in which case it is subject to the affirmative procedure.

(10) An order made by the Department of Justice in Northern Ireland under
10paragraph 27 or 28 of Schedule 5 is to be made by statutory rule for the
purposes of the Statutory Rules (Northern Ireland) Order 1979.

(11) A statutory rule containing such an order is subject to negative resolution
(within the meaning of section 41(6) of the Interpretation Act (Northern
Ireland) 1954) unless it amends or repeals any provision of primary legislation,
15in which case it may not be made unless a draft has been laid before, and
approved by a resolution of, the Northern Ireland Assembly.

(12) An order or regulations made under this Act by the Secretary of State, the Lord
Chancellor, the Scottish Ministers or the Department of Justice in Northern
Ireland may—

(a) 20make different provision for different purposes or areas,

(b) include supplementary, incidental or consequential provision, or

(c) make transitional, transitory or saving provision.

(13) In this section—

• “primary legislation” means—

  (a)

  25an Act of Parliament,

  (b)

  an Act of the Scottish Parliament,

  (c)

  a Measure or Act of the National Assembly for Wales, or

  (d)

  Northern Ireland legislation;

• “super-affirmative procedure” means the procedure provided for by
  30Schedule 22.

44 Consequential amendments

(1) The Secretary of State or Lord Chancellor may by order make such provision
as the Secretary of State or Lord Chancellor (as the case may be) considers
appropriate in consequence of this Act.

(2) 35The power to make an order under this section may, in particular, be exercised
by amending, repealing, revoking or otherwise modifying any provision made
by or under an enactment.

(3) In this section “enactment” means an enactment whenever passed or made,
and includes an Act of the Scottish Parliament, a Measure or Act of the
40National Assembly for Wales and Northern Ireland legislation.

45 Transitional, transitory or saving provision

The Secretary of State or Lord Chancellor may by order make such transitional,
transitory or saving provision as the Secretary of State or Lord Chancellor (as
the case may be) considers appropriate—

(a) in connection with the coming into force of any provision of this Act, or

(b) where Part 4 of Schedule 15 and section 31 so far as relating to that Part
of that Schedule are brought into force in relation to a specified area for
a specified period, in connection with those provisions ceasing to be in
5force at the end of that period or at the end of that period as continued
under section 46(6).

46 Short title, commencement and extent

(1) This Act may be cited as the Crime and Courts Act 2013.

(2) Subject as follows, this Act comes into force on such day as the Secretary of
10State may by order appoint; and different days may be appointed for different
purposes and, in the case of Part 4 of Schedule 15 and section 31 so far as
relating to that Part of that Schedule, for different areas.

(3) Sections 16 and 18 to 28 (except section 24(2)) and Schedules 9 to 11, 13 and 14
come into force on such day as the Lord Chancellor may by order appoint; and
15different days may be appointed for different purposes.

(4) Sections 24(2) and 29 come into force at the end of the period of two months
beginning with the day on which this Act is passed.

(5) An order which brings the monitoring provisions into force only in relation to
a specified area may provide that they are to be in force in relation to that area
20for a specified period; and in this subsection and subsection (6) “the monitoring
provisions” means Part 4 of Schedule 15, and section 31 so far as relating to that
Part of that Schedule.

(6) An order containing the provision permitted by subsection (5) may be
amended by a subsequent order under subsection (2) so as to continue the
25monitoring provisions in force in relation to the area concerned for a further
period.

(7) An order which includes provision for the commencement of section 34 or
Schedule 18 may not be made unless the Secretary of State has consulted the
Scottish Ministers.

(8) 30Section 33 (except subsection (6)(a)), sections 43 to 45 and this section, and Part
2 of Schedule 17, come into force on the day on which this Act is passed.

(9) Subject as follows, this Act extends to England and Wales, Scotland and
Northern Ireland.

(10) The following extend to England and Wales only—

(a) 35section 22;

(b) section 28;

(c) section 29;

(d) paragraph 30 of Schedule 15 and section 31 so far as relating to that
paragraph, but only so far as relating to disclosure or use of information
40by a person appointed under section 2(1) of the Courts Act 2003 or
provided under a contract made by virtue of section 2(4) of that Act;

(e) the amendments and repeals made by this Act in sections 4(5A) to (6A)
and 6(2) of the Maintenance Orders (Facilities for Enforcement) Act
1920, in sections 8(4) and 33(3) of the Maintenance Orders (Reciprocal
45Enforcement) Act 1972 and in section 14 of the Contempt of Court Act
1981;