SCHEDULE 8 continued PART 1 continued
Contents page 60-68 70-79 80-88 90-99 100-109 110-119 120-129 130-139 140-149 150-159 160-168 Last page
Anti-social Behaviour, Crime and Policing BillPage 160
49 The following provisions are repealed.
| Short title and chapter | Extent of repeal |
|---|---|
| Crime and Disorder Act 1998 (c. 37) |
Section 40(2). |
| Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) |
5In Schedule 9, paragraph 192. |
| Police Reform Act 2002 (c. 30) | Sections 61 to 66. |
| Licensing Act 2003 (c. 17) | Section 155(2). |
| In Schedule 6, paragraphs 121 to 125. | |
| Anti-social Behaviour Act 2003 (c. 38) |
Section 13. |
| 10Section 14(3)(a). | |
| Section 56(1). | |
| Section 85(2) to (7) and (9) to (11). | |
| Section 86(1) to (4). | |
| Sexual Offences Act 2003 (c. 42) |
In Schedule 6, paragraph 38(3). |
| Criminal Justice Act 2003 (c. 44) |
15Sections 322 and 323. |
| In Schedule 26, paragraph 59. | |
| Children Act 2004 (c. 31) | In Schedule 2, paragraph 8. |
| Serious Organised Crime and Police Act 2005 (c. 15) |
Section 139(1) to (9). |
| Section 140(1) to (4). | |
| 20Sections 141 to 143. | |
| In Schedule 7, paragraph 36. | |
| In Schedule 10, paragraph 3(3)(b). | |
| Clean Neighbourhoods and Environment Act 2005 (c. 16) |
Section 2. |
| Section 20(2). | |
| 25Section 21. | |
| Section 22. | |
| Section 31. | |
| In Schedule 4, paragraphs 7, 13 and 16 to 19. | |
| Drugs Act 2005 (c. 17) | Section 20. |
| 30In Schedule 1, paragraph 7. | |
| Violent Crime Reduction Act 2006 (c. 38) |
Section 8(7). |
| Section 26. | |
| Section 59(1). | |
| Police and Justice Act 2006 (c. 48) |
Section 26. |
| 35In Schedule 14, paragraphs 12(3), 13(3), 15, 32 and 33. |
|
| Mental Health Act 2007 (c. 12) | In Schedule 1, paragraph 21. |
| Criminal Justice and Immig- ration Act 2008 (c. 4) |
Section 118. |
| Section 123. | |
| 40Section 124. | |
| Schedule 20. | |
| Transport for London Act 2008 (c. i) |
Section 29(a). |
Anti-social Behaviour, Crime and Policing BillPage 161
| Short title and chapter | Extent of repeal |
|---|---|
| Coroners and Justice Act 2009 (c. 25) |
In Schedule 21, paragraph 72. |
| Policing and Crime Act 2009 (c. 26) |
Section 31. |
| Police Reform and Social Resp- onsibility Act 2011 (c. 13) |
In Schedule 16, paragraphs 307 to 309. 5 |
| Localism Act 2011 (c. 20) | Section 155(1). |
Anti-social Behaviour, Crime and Policing BillPage 162
50
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975.
5(bodies of which all members are disqualified) at the appropriate place there
is inserted—
“The Police Remuneration Review Body.”
51
In section 7 of the Police Pensions Act 1976 (payment of pensions and
10contributions), for paragraph (f) of subsection (2) there is substituted—
“(f)
a person to whom section 100A of the Police Act 1996 applies
(senior police officer appointed as member of staff of College
of Policing);”.
52 (1) Section 11 of that Act (interpretation) is amended as follows.
(2) 15For paragraph (e) of subsection (1) there is substituted—
“(e)
service, by a person to whom section 100A of the Police Act
1996 applies, as a member of the staff of the College of
Policing;”.
(3) In subsection (2A)(i) the words “the body known as” are omitted.
(4)
20In subsection (8A), for “the Chief Executive of the body known as” there is
substituted “a member of the staff of”.
53
In section 36 of the Police Act 1996 (general duty of Secretary of State), in
subsection (2)(c), the words “(other than sections 61 and 62)” are omitted.
54
25In section 97 of that Act (police officers engaged on service outside their
force), in subsection (1)(i) the words “the body known as” are omitted.
55
In section 105 of that Act (extent), in subsection (3), for “sections 61 and 62”
there is substituted “Part 3A”.
56 30In section 49 of the Police (Northern Ireland) Act 2000 (severance
Anti-social Behaviour, Crime and Policing BillPage 163
arrangements), for subsection (4) there is substituted—
“(4)
Sections 25(8) and 26(6) of the Police (Northern Ireland) Act 1998
(requirement to consult the Board and the Police Association before
making regulations) shall not apply in relation to regulations made
5by virtue of this section.”
57
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities), the following entries are inserted at the appropriate places—
“The College of Policing.”
10“The Police Remuneration Review Body.”
58
(1)
Section 29 of the Police Reform Act 2002 (interpretation of Part 2) is amended
as follows.
(2)
In subsection (1), in the definition of “serving with the police”, for “12(7)”
15there is substituted “12(7) to (10)”.
(3) In subsection (1A), for “12(7)” there is substituted “12(7) to (10)”.
59
In section 39 (police powers for contracted-out staff), subsections (9) to (11)
are repealed.
60
(1)
Schedule 3 to that Act (handling of complaints and conduct matters etc) is
20amended as follows.
(2) In paragraph 19, after paragraph (a) of sub-paragraph (7) there is inserted—
“(aa)
a body required by section 26BA to enter into an
agreement with the Commission, or”.
(3)
In paragraph 20A(4), at the end there is inserted “, but this is subject to
25paragraph 19ZD (restriction on disclosure of sensitive information)”.
(4) In paragraph 20C(4)—
(a) the words from the beginning to “sub-paragraph (3),” are omitted;
(b) at the end there is inserted “, except so far as—
“(a)
regulations made by virtue of sub-paragraph (3) provide
30otherwise, or
(b)
the Commission is prevented from doing so by paragraph
19ZD (restriction on disclosure of sensitive information).”
(5) In paragraph 20H(5)—
(a) the words from the beginning to “sub-paragraph (4),” are omitted;
(b) 35at the end there is inserted “, except so far as—
“(a)
regulations made by virtue of sub-paragraph (4) provide
otherwise, or
(b)
the Commission is prevented from doing so by paragraph
19ZD (restriction on disclosure of sensitive information).”
(6) 40In paragraph 23(12)—
(a) the words from the beginning to “sub-paragraph (11),” are omitted;
Anti-social Behaviour, Crime and Policing BillPage 164
(b) at the end there is inserted “, except so far as—
“(a)
regulations made by virtue of sub-paragraph (11) provide
otherwise, or
(b)
the Commission is prevented from doing so by paragraph
519ZD (restriction on disclosure of sensitive information).”
(7) In paragraph 24A(3), after “a report” there is inserted “to the Commission”.
(8) In paragraph 24C—
(a)
in sub-paragraph (1), for “If” there is substituted “This paragraph
applies where”;
(b)
10the words in that sub-paragraph from “it shall make” to the end are
omitted;
(c) sub-paragraph (2) is repealed.
(9) In paragraph 27—
(a)
in the heading, after “disciplinary proceedings” there is inserted
15“etc”;
(b) in sub-paragraph (7), after “disciplinary” there is inserted “or other”;
(c)
in sub-paragraph (9)(a), after “sub-paragraph (1)(b)” there is inserted
“or (c)”.
61
20In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to public
sector equality duty), at the appropriate place under the heading “Police”
there is inserted—
“The College of Policing.”
62
25In section 7 of the Police Reform and Social Responsibility Act 2011 (police
and crime plans), for paragraph (f) of subsection (1) there is substituted—
“(ea)
the services which are to be provided by virtue of section 124
of the Anti-social Behaviour, Crime and Policing Act 2013;
(f)
any grants which the elected local policing body is to make
30under that section, and the conditions (if any) subject to
which any such grants are to be made.”
63 Section 9 of that Act (crime and disorder reduction grants) is repealed.
64 In Schedule 2 to that Act (chief constables), paragraph 7(3) is repealed.
65
In Schedule 4 to that Act (Commissioner of Police of the Metropolis),
35paragraph 4(3) is repealed.
66 The following provisions are repealed or revoked—
| Title and reference | Extent of repeal or revocation |
|---|---|
| Police Act 1996 (c. 16) | In Schedule 7, paragraph 28. |
| Police (Northern Ireland) Act 1998 (c. 32) | 40Section 34. |
Anti-social Behaviour, Crime and Policing BillPage 165
| Title and reference | Extent of repeal or revocation |
|---|---|
| Greater London Authority Act 1999 (c. 29) |
In Schedule 27, paragraph 92(2). |
| Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999 (S.I. 1999/1319) |
The entry for the Police 5Negotiating Board for the United Kingdom. |
| Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999 (S.I. 1999/1747) |
In Schedule 1, the entry for the Police Negotiating Board for the United Kingdom. |
| 10Schedule 21. | |
| Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820) |
In Schedule 2, paragraph 124. |
| Police (Northern Ireland) Act 2000 (c. 32) | In Schedule 6, paragraph 12(2). |
| Freedom of Information Act 2000 (c. 36) | 15In Part 6 of Schedule 1, the entry for the Police Negotiating Board. |
| Commissioners for Revenue and Customs Act 2005 (c. 11) |
In Schedule 4, paragraph 77. |
| Police and Justice Act 2006 (c. 48) | 20In Schedule 4, paragraphs 3 and 10. |
| Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) |
In Schedule 6, paragraph 5(3) and (4). |
| Policing and Crime Act 2009 (c. 26) | Section 23(3). |
| Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976) |
25In Schedule 3, paragraphs 5 to 7. |
| Police Reform and Social Responsibility Act 2011 (c. 13) |
Section 24(2)(a). |
| 30In Schedule 16, paragraphs 30(3), 35(3) and 38. |
|
| Police and Fire Reform (Scotland) Act 2012 (asp 8) |
In Schedule 7, paragraph 13(4). |
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67
In section 11 of the Extradition Act 2003 (bars to extradition), in subsection
5(1A), for “by reason of forum only” there is substituted “by reason of—
“(00)(a)absence of prosecution decision, or
(b) forum,
only”.
68 (1) Section 21 of that Act (human rights) is amended as follows.
(2)
10For the heading there is substituted “Person unlawfully at large: human
rights”.
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(3) In subsection (1) the words “11 or” are omitted.
69
In section 26 of that Act (appeal against extradition order: category 1
territory), in subsection (4), for “Notice of an appeal” there is substituted
“Notice of application for leave to appeal”.
70
5In section 35 of that Act (extradition where there is no appeal), after
subsection (4) there is inserted—
“(4A)
If the day referred to in paragraph (a) of subsection (4) is earlier than
the earliest day on which, by reason of an order under section 36A or
36B, the extradition order may be carried out (“the postponed date”),
10that paragraph has effect as if it referred instead to the postponed
date.”
71
In section 36 of that Act (extradition following appeal), after subsection (3)
there is inserted—
“(3A)
If the day referred to in paragraph (a) of subsection (3) is earlier than
15the earliest day on which, by reason of an order under section 36A or
36B, the extradition order may be carried out (“the postponed date”),
that paragraph has effect as if it referred instead to the postponed
date.”
72
In section 66 of that Act (supplementary provision for the purposes of
20sections 64 and 65), in subsection (1), for “(2)” there is substituted “(1A)”.
73
In section 103 of that Act (appeal where case sent to Secretary of State), in
subsection (9), for “Notice of an appeal” there is substituted “Notice of
application for leave to appeal”.
74
In section 108 of that Act (appeal against extradition order: category 2
25territory), in subsection (4), for “Notice of an appeal” there is substituted
“Notice of application for leave to appeal”.
75
In section 117 of that Act (extradition where there is no appeal), in subsection
(2), for the words after “28 days” there is substituted “starting with—
“the day on which the Secretary of State makes the extradition
30order, or
(b)
if an order is made under section 118A or 118B, the earliest
day on which the extradition order may be carried out.”
78
In section 118 of that Act (extradition following appeal), after subsection (2)
there is inserted——
“(2A)
35But if the day referred to in paragraph (a) or (b) of subsection (3) is
earlier than the earliest day on which, by reason of an order under
section 118A or 118B, the extradition order may be carried out (“the
postponed date”), the required period is 28 days beginning with the
postponed date.”
79
40In section 137 (definition of extradition offence for the purposes of Part 2 of
the Act: person not sentenced for offence) subsection (9) is repealed.
80
In section 138 (definition of extradition offence for the purposes of Part 2 of
the Act: person sentenced for offence) subsection (9) is repealed.
81 (1) Section 197 of that Act (custody) is amended as follows.
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(2) In subsection (1), at the end there is inserted—
“This is subject to the power to order the temporary transfer of a
person under section 21B.”
(3) After subsection (6) there is inserted—
“(6A)
5An order for a person’s temporary transfer under section 21B is
sufficient authority for an appropriate person—
(a) to receive him;
(b)
to keep him in custody until he is transferred in accordance
with the order;
(c)
10to convey him to and from the territory to which he is to be
transferred;
(d)
on his return from that territory, to keep him in custody until
he is brought back to the institution to which he was
committed.”
82
(1)
15Section 216 of that Act (interpretative provisions) is amended as set out in
sub-paragraphs (2) and (3).
(2) After subsection (10) there is inserted—
“(10A)
Human Rights Convention” has the meaning given to “the
Convention” by section 21(1) of the Human Rights Act 1998.”
(3) 20After subsection (12) there is inserted—
“(12A)
Refugee Convention” means the Convention relating to the Status
of Refugees done at Geneva on 28 July 1951 and the Protocol to the
Convention.”
(4)
The following provisions of that Act are repealed in consequence of sub-
25paragraphs (2) and (3)—
(a) the definition of “the Refugee Convention” in section 40(4);
(b) section 70(2A);
(c) section 153D(3).
83
In section 223 of that Act (orders and regulations), in subsection (6)(a), after
30the entry for section 173(4) there is inserted—
section 189D(4)”.
84
In Part 1 of Schedule 1 to that Act (re-extradition: category 1 territories), in
paragraph 3, after “21(3)” there is inserted “and section 21A(5)”.