Anti-social Behaviour, Crime and Policing Bill (HC Bill 7)

(2) This paragraph also applies where the Commission has made a
determination on an appeal under—

(a) paragraph 8A (appeal relating to complaint dealt with other
than by investigation), or

(b) 5paragraph 25 (appeal with respect to an investigation).

(3) The Commission may make a recommendation in relation to a
matter dealt with in the report or appeal.

(4) A recommendation under this paragraph may be made to any
person if it is made—

(a) 10following the receipt of a report relating to—

(i) a DSI matter,

(ii) a conduct matter of a type specified in regulations, or

(iii) a complaint of a type specified in regulations; or

(b) following a determination on an appeal relating to a
15complaint of a type specified in regulations.

(5) In any other case, a recommendation under this paragraph may be
made only to—

(a) a person serving with the police, or

(b) a local policing body.

(6) 20Where the Commission makes a recommendation under this
paragraph, it must also—

(a) publish the recommendation, and

(b) send a copy of it—

(i) in a case where the recommendation is made to a local
25policing body, to the chief officer of the police force
maintained by that body;

(ii) in a case where the recommendation is made to a
chief officer of a police force, to the local policing
body that maintains the police force;

(iii) 30in a case where the recommendation is made to a
contractor (within the meaning of section 12(10)), to
the chief officer of a police force to whom the
contractor is providing services, and the local policing
body that maintains the police force;

(iv) 35in a case where the recommendation is made to a sub-
contractor or an employee of a contractor, to the
contractor and the persons to whom a copy must be
sent under paragraph (iii);

(v) in a case where the recommendation is made to an
40employee of a sub-contractor, to the sub-contractor,
the contractor and the persons to whom a copy must
be sent under sub-paragraph (iii);

(vi) in any other case, to any person to whom the
Commission thinks a copy should be sent.

(7) 45Nothing in this paragraph affects the power of the Commission to
make recommendations or give advice under section 10(1)(e)
(whether arising under this Schedule or otherwise).

Response to recommendation

28B (1) A person to whom a recommendation under paragraph 28A is made
must provide to the Commission a response in writing stating—

(a) what action the person has taken or proposes to take in
5response to the recommendation, or

(b) why the person has not taken, or does not propose to take,
any action in response.

(2) The person must provide the response to the Commission before the
end of the period of 56 days beginning with the day on which the
10recommendation was made, unless sub-paragraph (3) applies.

(3) The Commission may extend the period of 56 days following an
application received before the end of the period; and if the
Commission grants an extension, the person must provide the
response before the end of the extended period.

(4) 15But if proceedings for judicial review of the Commission’s decision
to make a recommendation are started during the period allowed by
sub-paragraph (2) or (3), that period is extended by however many
days the proceedings are in progress.

(5) On receiving a response, the Commission must, within the period of
2021 days beginning with the day on which the Commission received
it—

(a) publish the response, and

(b) send a copy of it to any person who was sent a copy of the
recommendation under paragraph 28A(6)(b),

25unless the person giving the response has made representations
under sub-paragraph (6).

(6) The person giving the response may, at the time of providing it to the
Commission, make representations to the Commission asserting that
the requirements of publication and disclosure under sub-paragraph
30(5) should not apply to the response, or to particular parts of it.

(7) On receiving such representations, the Commission may decide—

(a) that the response should not be published, or that only parts
of it should be published;

(b) that the response should not be disclosed, or that only parts
35of the response should be disclosed.

(8) Where, following a decision on representations, the Commission
decides to publish or disclose a response (in whole or in part), it must
do so only after the person giving the response has been informed of
the Commission’s decision, and—

(a) 40in a case where the Commission has decided to accept all of
the representations, it must do so within the period of 21 days
beginning with the day on which it received the response;

(b) in a case where the Commission has decided to reject any of
the representations, it must do so—

(i) 45within the period of 21 days beginning with the day
on which the person was informed of the
Commission’s decision on the representations, but

(ii) not before the end of the period of 7 days beginning
with that day.

(9) But if proceedings for judicial review of the Commission’s decision
to reject a representation are started during the period of 7 days
5referred to in sub-paragraph (8)(b)(ii)—

(a) the Commission must not publish or disclose the response
while the proceedings are in progress;

(b) if the court upholds the Commission’s decision to reject a
representation, the Commission must publish and disclose
10the response (in whole or in part, as appropriate) before the
end of the period of 7 days beginning with the day on which
the proceedings are no longer in progress.

(10) Where a local policing body or a chief officer makes a response under
this paragraph, the body or officer must, at the time the Commission
15publishes the response, also publish the response (to the same extent
as published by the Commission) and the recommendation under
paragraph 28A.

(11) For the purposes of this paragraph—

(a) “disclosing” a response means sending a copy of it as
20mentioned in sub-paragraph (5)(b);

(b) the period during which judicial review proceedings are in
progress includes any day on which an appeal is in progress
or may be brought.”

Chief officers of police and local policing bodies

121 25Financial arrangements etc for chief officers of police

(1) In Schedule 2 to the Police Reform and Social Responsibility Act 2011 (chief
constables), after paragraph 7 there is inserted—

“Financial arrangements etc

7A (1) A chief constable may, by way of temporary loan or overdraft from
30a bank or otherwise, borrow sums temporarily required by the chief
constable, but only—

(a) for the purpose of meeting expenses pending the receipt of
revenues receivable by the chief constable in respect of the
period of account in which the expenses are chargeable,

(b) 35in sterling, and

(c) with the consent of the relevant police and crime
commissioner.

(2) A chief constable—

(a) may not borrow money except as permitted by sub-
40paragraph (1);

(b) may not enter into a credit arrangement.

(3) A chief constable may invest—

(a) for any purpose relevant to the chief constable’s functions
under any enactment, or

(b) for the purpose of the prudent management of the chief
constable’s financial affairs,

but only with the consent of the relevant police and crime
commissioner.

(4) 5The following provisions of Part 1 of the Local Government Act 2003
(capital finance etc and accounts) apply in relation to a chief
constable as they apply in relation to a local authority—

(a) section 6 (protection of lenders);

(b) section 7 (meaning of “credit arrangements”);

(c) 10sections 9 to 11 (capital receipts), except for section 11(2)(b)
and (3) to (6);

(d) section 13 (security for money borrowed etc);

(e) section 14 (information);

(f) section 15 (guidance);

(g) 15section 16 (meaning of “capital expenditure”);

(h) section 17 (external funds);

(i) section 18 (companies etc), ignoring any reference to a
Passenger Transport Executive;

(j) section 20 (directions);

(k) 20sections 21 and 22 (accounts);

(l) section 24(1) and (2)(b) (application to Wales).

(5) Regulations made by the Secretary of State under any of the
provisions listed in sub-paragraph (4) apply in relation to the chief
constable of a police force in England as they apply in relation to a
25local authority in England.

(6) Regulations made by the Welsh Ministers under any of those
provisions apply in relation to the chief constable of a police force in
Wales as they apply in relation to a local authority in Wales.

(7) Any of those provisions, or regulations made under them, that apply
30for the purposes of Chapter 1 of Part 1 of the Local Government Act
2003 apply also (so far as relevant) for the purposes of sub-
paragraphs (1) to (3).

(8) An order under section 217 or 218 of the Local Government and
Public Involvement in Health Act 2007, as it has effect for the
35purposes of section 18(2)(b) of the Local Government Act 2003 as
applied by sub-paragraph (4)(i), applies—

(a) with the substitution of a reference to a chief constable for a
reference to a local authority, and

(b) with any other necessary modifications.”

(2) 40In Schedule 4 to that Act (Commissioner of Police of the Metropolis), after
paragraph 4 there is inserted—

“Financial arrangements etc

4A (1) The Commissioner of Police of the Metropolis may, by way of
temporary loan or overdraft from a bank or otherwise, borrow sums
45temporarily required by the Commissioner, but only—

(a) for the purpose of meeting expenses pending the receipt of
revenues receivable by the Commissioner in respect of the
period of account in which the expenses are chargeable,

(b) in sterling, and

(c) 5with the consent of the Mayor’s Office for Policing and
Crime.

(2) The Commissioner of Police of the Metropolis—

(a) may not borrow money except as permitted by sub-
paragraph (1);

(b) 10may not enter into a credit arrangement.

(3) The Commissioner of Police of the Metropolis may invest—

(a) for any purpose relevant to the Commissioner’s functions
under any enactment, or

(b) for the purpose of the prudent management of the
15Commissioner’s financial affairs,

but only with the consent of the Mayor’s Office for Policing and
Crime.

(4) The following provisions of Part 1 of the Local Government Act 2003
(capital finance etc and accounts), and any regulations made under
20them by the Secretary of State, apply in relation to the Commissioner
of Police of the Metropolis as they apply in relation to a local
authority in England—

(a) section 6 (protection of lenders);

(b) section 7 (meaning of “credit arrangements”);

(c) 25sections 9 to 11 (capital receipts), except for section 11(2)(b)
and (3) to (6);

(d) section 13 (security for money borrowed etc);

(e) section 14 (information);

(f) section 15 (guidance);

(g) 30section 16 (meaning of “capital expenditure”);

(h) section 17 (external funds);

(i) section 18 (companies etc), ignoring any reference to a
Passenger Transport Executive;

(j) section 20 (directions);

(k) 35sections 21 and 22 (accounts).

(5) Any of those provisions, or regulations made under them by the
Secretary of State, that apply for the purposes of Chapter 1 of Part 1
of the Local Government Act 2003 apply also (so far as relevant) for
the purposes of sub-paragraphs (1) to (3).

(6) 40An order under section 217 of the Local Government and Public
Involvement in Health Act 2007, as it has effect for the purposes of
section 18(2)(b) of the Local Government Act 2003 as applied by sub-
paragraph (4)(i), applies—

(a) with the substitution of a reference to the Commissioner of
45Police of the Metropolis for a reference to a local authority,
and

(b) with any other necessary modifications.”

122 Grants to local policing bodies

(1) In section 46 of the Police Act 1996 (police grant), in subsection (1), for the
words from “for each financial year” to the end of paragraph (b) there is
substituted “for each financial year—

“(a) 5make grants to police and crime commissioners for the
purposes of their functions,

(b) make grants to the Common Council for the purposes of its
functions as police authority, and

(c) make grants to the Greater London Authority for the purposes
10of the functions of the Mayor’s Office for Policing and Crime;”.

(2) The words “for police purposes” are omitted—

(a) in subsection (1) of section 47 of the Police Act 1996 (grants for capital
expenditure);

(b) in subsection (2) of section 92 of that Act (grants by local authorities).

123 15Powers of local policing bodies to provide or commission services

(1) A local policing body may provide or arrange for the provision of—

(a) services that in the opinion of the local policing body will secure, or
contribute to securing, crime and disorder reduction in the body’s area;

(b) services that are intended by the local policing body to help victims or
20witnesses of, or other persons affected by, offences and anti-social
behaviour;

(c) services of a description specified in an order made by the Secretary of
State.

(2) An order under subsection (1)(c) may make different provision for different
25areas.

(3) A local policing body arranging for the provision of services under this section
may make grants in connection with the arrangements.

A grant may be subject to any conditions (including conditions as to
repayment) that the local policing body thinks appropriate.

30A grant may be subject to any conditions (including conditions as to
repayment) that the local policing body thinks appropriate.

(4) In this section—

• “anti-social behaviour” means behaviour by a person that causes or is
  likely to cause harassment, alarm or distress to one or more other
  35persons not of the same household as that person;

• “crime and disorder reduction” means reduction in levels of—

  (a)

  crime and disorder (including anti-social behaviour and other
  behaviour adversely affecting the local environment),

  (b)

  the misuse of drugs, alcohol and other substances, and

  (c)

  40re-offending.

Miscellaneous

124 Port and border controls

Schedule 6 (which amends Schedules 7 and 8 to the Terrorism Act 2000) has
effect.

125 Inspection of Serious Fraud Office

(1) In section 2 of the Crown Prosecution Service Inspectorate Act 2000 (functions
of the Chief Inspector of the Crown Prosecution Service), for subsection (4)
there is substituted—

“(4) 5This section applies to—

(a) the Revenue and Customs Prosecutions Office, and

(b) the Serious Fraud Office,

as it applies to the Crown Prosecution Service.”

(2) In section 3 of the Criminal Justice Act 1987 (disclosure of information by
10Serious Fraud Office)—

(a) the word “and” before paragraph (c) of subsection (1) is omitted;

(b) after that paragraph there is inserted “; and

“(d) in order to comply with a requirement imposed under
paragraph 7 of the Schedule to the Crown Prosecution
15Service Inspectorate Act 2000,”;

(c) in subsection (3), for the words from “by a member of the Serious Fraud
Office” to “or elsewhere and” there is substituted “by a member of the
Serious Fraud Office—

“(a) for the purposes of any prosecution in England and
20Wales, Northern Ireland or elsewhere, or

(b) in order to comply with a requirement imposed under
paragraph 7 of the Schedule to the Crown Prosecution
Service Inspectorate Act 2000,

and”.

25Part 11 Extradition

126 Date of extradition hearing

In section 8 of the Extradition Act 2003 (date of extradition hearing etc:
extradition to category 1 territory) after subsection (4) there is inserted—

“(4A) 30But subsection (4) does not apply if proceedings in respect of the
extradition have been adjourned for any period under section 8A or
8B.”

127 Appeals

(1) In section 26 of the Extradition Act 2003 (appeal against extradition order:
35category 1 territory)—

(a) in subsection (3), for “section may” there is substituted “section—

“(a) may”;

(b) at the end of that subsection there is inserted “, but

“(b) lies only with the leave of the High Court.”;

(c) 40after subsection (4) there is inserted—

“(5) But where a person gives notice of application for leave to
appeal after the end of the permitted period, the High Court
must not for that reason refuse to entertain the application if the

person did everything reasonably possible to ensure that the
notice was given as soon as it could be given.”

(2) In section 103 of that Act (appeal where case sent to Secretary of State)—

(a) in subsection (4), for “section may” there is substituted “section—

“(a) 5may”;

(b) at the end of that subsection there is inserted “, but

“(b) lies only with the leave of the High Court.”;

(c) after subsection (9) there is inserted—

“(10) But where a person gives notice of application for leave to
10appeal after the end of the permitted period, the High Court
must not for that reason refuse to entertain the application if the
person did everything reasonably possible to ensure that the
notice was given as soon as it could be given.”

(3) In section 108 of that Act (appeal against extradition order: category 2
15territory)—

(a) in subsection (3), for “section may” there is substituted “section—

“(a) may”;

(b) at the end of that subsection there is inserted “, but

“(b) lies only with the leave of the High Court.”;

(c) 20after subsection (4) there is inserted—

“(5) But where a person gives notice of application for leave to
appeal after the end of the permitted period, the High Court
must not for that reason refuse to entertain the application if the
person did everything reasonably possible to ensure that the
25notice was given as soon as it could be given.”

128 Asylum etc

(1) In section 39 of the Extradition Act 2003 (asylum claim: extradition to category
1 territory)—

(a) subsections (1) and (2) are repealed;

(b) 30in subsection (3), for “The person” there is substituted “If—

“(a) an order is made under this Part for a person to be
extradited in pursuance of a Part 1 warrant, and

(b) the person has made an asylum claim (whether before or
after the issue of the warrant),

35the person”.

(2) In section 121 of that Act (asylum claim: extradition to category 2 territory)—

(a) subsections (1) and (2) are repealed;

(b) in subsection (3), for “The person” there is substituted “If—

“(a) an order is made under this Part for a person to be
40extradited in pursuance of a request, and

(b) the person has made an asylum claim (whether before or
after the making of the request),

the person”.

(3) In section 93 of that Act (Secretary of State’s consideration of case)—

(a) in subsection (4)(c), after “he orders the person’s discharge” there is
inserted “under subsection (6A) or”;

(b) after subsection (6) there is inserted—

“(6A) The Secretary of State may order the person’s discharge if the
5person—

(a) has been recorded by the Secretary of State as a refugee
within the meaning of the Refugee Convention, or

(b) has been granted leave to enter or remain in the United
Kingdom on the ground that it would be a breach of
10Article 2 or 3 of the Human Rights Convention to
remove the person to the territory to which extradition
is requested.”

129 Proceedings on deferred warrant or request etc

(1) In section 180 of the Extradition Act 2003 (proceedings on deferred warrant or
15request)—

(a) in subsection (1), at the end of paragraph (b) there is inserted “in the
person’s favour”;

(b) after subsection (9) there is inserted—

“(10) An extradition claim made in respect of a person is disposed of
20in the person’s favour if—

(a) in the case of a Part 1 warrant, the warrant is disposed of
as mentioned in subsection (1)(a) or (b) of section 213;

(b) in the case of a request for extradition, the request is
disposed of as mentioned in subsection (2)(a) or (b) of
25that section.”

(2) In section 181 of that Act (proceedings where extradition deferred)—

(a) in subsection (1), at the end of paragraph (b) there is inserted “in the
person’s favour”;

(b) after subsection (9) there is inserted—

“(10) 30An extradition claim made in respect of a person is disposed of
in the person’s favour if—

(a) in the case of a Part 1 warrant, the warrant is disposed of
as mentioned in subsection (1)(a) or (b) of section 213;

(b) in the case of a request for extradition, the request is
35disposed of as mentioned in subsection (2)(a) or (b) of
that section.”

130 Non-UK extradition: transit through the United Kingdom

After section 189 of the Extradition Act 2003 there is inserted—

“Non-UK extradition: transit through the United Kingdom

189A 40Facilitating transit through the United Kingdom

(1) The relevant UK authority may issue a transit certificate in relation to
the non-UK extradition of a person if that authority has been requested

to facilitate the transit of the person through the United Kingdom for
the purposes of the extradition.

(2) If the relevant UK authority issues a transit certificate in relation to the
non-UK extradition of a person, an authorised officer may do any or all
5of the following—

(a) escort the person from, or to, any means of transport used for
the purposes of the extradition;

(b) take the person into custody to facilitate the transit of the person
through the United Kingdom for the purposes of the
10extradition;

(c) search the person, and any item in the possession of the person,
for any item which the person might use to cause physical
injury to that person or any other person;

(d) in a case where the person has been taken into custody under
15paragraph (b), search the person, and any item in the possession
of the person, for any item which the person might use to escape
from custody.

(3) An authorised officer searching a person in the exercise of a power
conferred by subsection (2)(c) or (d) may seize any item found if the
20officer has reasonable grounds for believing that the person searched
might use the item—

(a) to cause physical injury to that person or any other person; or

(b) in a case where the person has been taken into custody, to
escape from custody.

(4) 25If no request is made under subsection (1) in relation to the non-UK
extradition of a person, or if such a request is made but a transit
certificate is not issued, that does not—

(a) prevent the transit of the person through the United Kingdom
for the purposes of the extradition; or

(b) 30affect the powers which an authorised officer has (otherwise
than under this section) in relation to the person while in the
United Kingdom.

189B Unscheduled arrival in the United Kingdom

(1) This section applies in a case where—

(a) 35a person is being extradited,

(b) the extradition is a non-UK extradition, and

(c) the person makes an unscheduled arrival in the United
Kingdom.

(2) An authorised officer may do any or all of the following—

(a) 40take the person into custody to facilitate the transit of the person
through the United Kingdom for the purposes of the
extradition;

(b) search the person, and any item in the possession of the person,
for any item which the person might use to cause physical
45injury to that person or any other person;

(c) in a case where the person has been taken into custody under
paragraph (a), search the person, and any item in the possession
of the person, for any item which the person might use to escape
from custody.