Policing and Crime Bill (HC Bill 158)

(5) But the amendments do not apply in relation to the terms and conditions of a
person appointed as a deputy police and crime commissioner before this
section comes into force if, at the time when it comes into force, an election held
under section 51 of the 2011 Act to fill a vacancy in the office of police and crime
5commissioner for the police area in question is in progress.

(6) For the purpose of subsection (5), an election held under section 51 of the 2011
Act is in progress during the period—

(a) beginning with the time when the vacancy in the office of police and
crime commissioner occurred, and

(b) 10ending immediately after the person elected to fill the vacancy has
made and delivered a declaration of acceptance under section 70(1) of
that Act.

100 Eligibility of deputy police and crime commissioners for election

(1) In section 65 of the Police Reform and Social Responsibility Act 2011
15(disqualification from election or holding office as police and crime
commissioner: police grounds), after subsection (1) insert—

“(1A) Subsection (1)(e)(i) does not prevent a deputy police and crime
commissioner—

(a) from being elected as police and crime commissioner at an
20ordinary election of police and crime commissioners;

(b) from being elected at an election held under section 51 to fill a
vacancy in the office of police and crime commissioner if, on the
day on which the person is nominated as a candidate at the
election and at all times between that day and the declaration of
25the result of the election, the deputy is acting as police and crime
commissioner under section 62.”

(2) Section 65(1A)(b) of the 2011 Act (as inserted by subsection (1) above) does not
apply in relation to an election held under section 51 of that Act to fill a vacancy
in the office of police and crime commissioner if the election is in progress at
30the time this section comes into force.

(3) For the purpose of subsection (2), an election held under section 51 of the 2011
Act is in progress during the period—

(a) beginning with the time when the vacancy in the office of police and
crime commissioner occurred, and

(b) 35ending immediately after the person elected to fill the vacancy has
made and delivered a declaration of acceptance under section 70(1) of
that Act.

101 Amendments to the names of police areas

(1) After section 31 of the Police Act 1996 insert—

40““Amendment of names of police areas

31A Power to amend names of police areas

(1) The Secretary of State may by regulations amend any name of a police
area specified in the first column of Schedule 1 (police areas).

(2) A statutory instrument containing regulations under subsection (1)
may not be made unless a draft of the instrument has been laid before
and approved by a resolution of each House of Parliament.”

(2) In consequence of the amendment made by subsection (1), in section 1 of that
5Act (police areas), in the words in brackets, for “any amendment made to that
Schedule by an order” substitute “any amendment made to the first column of
that Schedule by regulations under section 31A or any amendment made to the
second column, or to the first and second columns, by an order”.

Part 6 10Firearms

102 Firearms Act 1968: meaning of “firearm” etc.

(1) The Firearms Act 1968 is amended as follows.

(2) In section 57 (interpretation), in subsection (1), for the words from the
beginning to the end of paragraph (c) substitute—

“(1) 15In this Act, the expression “firearm” means—

(a) a lethal barrelled weapon (see subsection (1B));

(b) a prohibited weapon;

(c) a relevant component part in relation to a lethal barrelled
weapon or a prohibited weapon (see subsection (1C));

(d) 20an accessory to a lethal barrelled weapon or a prohibited
weapon where the accessory is designed or adapted to diminish
the noise or flash caused by firing the weapon;”.

(3) In that section, before subsection (2) insert—

“(1B) In subsection (1)(a), “lethal barrelled weapon” means a barrelled
25weapon of any description from which a shot, bullet or other missile,
with kinetic energy of more than one joule at the muzzle of the weapon,
can be discharged.

(1C) Subsection (1) is subject to section 57A (exception for airsoft guns).”

(4) In that section, after subsection (1C) (as inserted by subsection (3) above)
30insert—

“(1D) For the purposes of subsection (1)(c), each of the following items is a
relevant component part in relation to a lethal barrelled weapon or a
prohibited weapon—

(a) a barrel, chamber or cylinder,

(b) 35a frame, body or receiver,

(c) a breech block, bolt or other mechanism for containing the
pressure of discharge at the rear of a chamber,

but only where the item is capable of being used as a part of a lethal
barrelled weapon or a prohibited weapon.”

(5) After section 57 insert—

“57A Exception for airsoft guns

(1) An “airsoft gun” is not to be regarded as a firearm for the purposes of
this Act.

(2) 5An “airsoft gun” is a barrelled weapon of any description from which
only a small plastic missile, with kinetic energy at the muzzle of the
weapon that does not exceed the permitted level, can be discharged.

(3) “Small plastic missile” means a missile that—

(a) is made wholly or partly from plastics, and

(b) 10does not exceed 6 millimetres in diameter.

(4) The permitted kinetic energy level is—

(a) in the case of a weapon which is designed or adapted so that
two or more missiles can be discharged successively without
repeated pressure on the trigger, 1.3 joules;

(b) 15in any other case, 2.5 joules.”

(6) After section 57A (inserted by subsection (5))—

“57B Power to amend section 57(1D)

(1) The Secretary of State may by regulations made by statutory
instrument amend section 57(1D) so as to make different provision for
20the purposes of section 57(1)(c) about the meaning of a relevant
component part in relation to a lethal barrelled weapon or a prohibited
weapon.

(2) Regulations under this section may include—

(a) incidental, supplementary or consequential provision;

(b) 25transitional, transitory or saving provision.

(3) A statutory instrument containing regulations under this section may
not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.”

103 Firearms Act 1968: meaning of “antique firearm”

(1) 30Section 58 of the Firearms Act 1968 (particular savings) is amended in
accordance with subsections (2) and (3).

(2) After subsection (2) (which makes provision about antique firearms) insert—

“(2A) For the purposes of subsection (2), a firearm is an “antique firearm” if—

(a) its chamber is capable of being used only with a cartridge of a
35description specified in regulations made by statutory
instrument by the Secretary of State, or

(b) its ignition system is of a description specified in regulations
made by statutory instrument by the Secretary of State.

(2B) Regulations under subsection (2A) may make different provision for
40different purposes.

(2C) Subject to subsection (2D), a statutory instrument containing
regulations under subsection (2A) may not be made unless a draft of

the instrument has been laid before and approved by a resolution of
each House of Parliament.

(2D) A statutory instrument containing regulations under subsection (2A)
which contain only provision amending regulations previously made
5under that subsection so as to remove a description of cartridge or a
description of ignition system from the descriptions specified in those
regulations is subject to annulment in pursuance of a resolution of
either House of Parliament.”

(3) In subsection (2)—

(a) 10in paragraph (a), for “section 21” substitute “sections 19, 20 and 21”;

(b) in paragraph (b), for “section 21” substitute “section 19, 20 or 21”.

(4) Subsections (5) to (7) apply where—

(a) immediately before the coming into force of regulations under section
58(2A) of the Firearms Act 1968 (as inserted by subsection (2) above), a
15person has in his or her possession a firearm that is an antique firearm
for the purposes of section 58(2) of that Act, and

(b) in consequence of the coming into force of the regulations, the firearm
ceases to be an antique firearm for those purposes.

(5) Section 5 of the Firearms Act 1968 does not apply in relation to the possession
20of the firearm by the person unless—

(a) the person carries on a business as a firearms dealer, and

(b) the firearm is in his or her possession for the purpose of the business.

(6) An application by the person for a certificate under section 1 or 2 of that Act in
respect of possession of the firearm may not be refused on the ground that the
25person does not have a good reason for having the firearm in his or her
possession.

(7) An application by the person for the renewal of a certificate issued under
section 1 or 2 of that Act in respect of possession of the firearm may not be
refused on the ground that the person does not have a good reason for having
30the firearm in his or her possession.

(8) The provision made by subsections (4) to (7) does not prevent additional
transitional provision being made (under the power conferred by section
137(6)) in connection with the coming into force of this section (including
provision for enabling certificates and authorisations under the Firearms Act
351968 to be issued or granted before this section comes fully into force).

104 Possession of articles for conversion of imitation firearms

After section 4 of the Firearms Act 1968 (conversion of weapons) insert—

“4A Possession of articles for use in connection with conversion

(1) A person, other than a registered firearms dealer, commits an offence
40if—

(a) the person has in his or her possession or under his or her
control an article that is capable of being used (whether by itself
or with other articles) to convert an imitation firearm into a
firearm, and

(b) 45the person intends to use the article (whether by itself or with
other articles) to convert an imitation firearm into a firearm.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction—

(i) in England and Wales, to imprisonment for a term not
exceeding 12 months (or, in relation to offences
5committed before section 154(1) of the Criminal Justice
Act 2003 comes into force, 6 months) or to a fine, or to
both;

(ii) in Scotland, to imprisonment for a term not exceeding 12
months, or to a fine not exceeding the statutory
10maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not
exceeding 5 years or to a fine, or to both.”

105 Controls on defectively deactivated weapons

After section 8 of the Firearms (Amendment) Act 1988 insert—

“8A 15Controls on defectively deactivated weapons

(1) It is an offence for a person who owns or claims to own a defectively
deactivated weapon—

(a) to make the weapon available for sale or as a gift to another
person, or

(b) 20to sell it or give it (as a gift) to another person.

(2) Subsection (1)(a) does not apply if—

(a) the weapon is made available for sale or as a gift only to a
person who is outside the EU (or to persons all of whom are
outside the EU), and

(b) 25it is made so available on the basis that, if a sale or gift were to
take place, the weapon would be transferred to a place outside
the EU.

(3) Subsection (1)(b) does not apply if—

(a) the weapon is sold or given to a person who is outside the EU
30(or to persons all of whom are outside the EU), and

(b) in consequence of the sale or gift, it is (or is to be) transferred to
a place outside the EU.

(4) For the purpose of this section, something is a “defectively deactivated
weapon” if—

(a) 35it was at any time a firearm,

(b) it has been rendered incapable of discharging any shot, bullet or
other missile (and, accordingly, has either ceased to be a firearm
or is a firearm only by virtue of the Firearms Act 1982), but

(c) it has not been rendered so incapable in a way that meets the
40applicable EU technical specifications.

(5) In subsection (4)(c), “the applicable EU technical specifications” means
the technical specifications for the deactivation of the weapon that are
set out in an EU instrument in force at the time when the weapon is
made available for sale or as a gift or (as the case may be) when it is sold
45or given as a gift.

(6) References in this section to “sale” include exchange or barter (and
references to sell are to be construed accordingly).

(7) A person guilty of an offence under this section is liable—

(a) on summary conviction—

(i) 5in England and Wales, to imprisonment for a term not
exceeding 12 months (or, in relation to offences
committed before section 154(1) of the Criminal Justice
Act 2003 comes into force, 6 months) or to a fine, or to
both;

(ii) 10in Scotland, 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 5 years or to a fine, or to both.”

106 15Applications under the Firearms Acts: fees

(1) After section 32 of the Firearms Act 1968 (fee for certificate and exemption from
paying it in certain cases) insert—

“32ZA Fees in connection with authority under section 5

(1) The Secretary of State may by regulations authorise the appropriate
20national authority to require payment of a fee before an authority
under section 5 is granted, varied or renewed.

(2) Regulations under subsection (1) must specify the amount of any fee
that may be charged.

(3) The regulations may make different provision for different cases
25(including specifying different fees for different cases).

(4) The regulations may include—

(a) incidental, supplementary or consequential provision;

(b) transitional, transitory or saving provision.

(5) Regulations under this section are to be made by statutory instrument.

(6) 30A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.

(7) In this section, “the appropriate national authority” means—

(a) in or as regards England and Wales, the Secretary of State;

(b) 35in or as regards Scotland, the Scottish Ministers.”

(2) Before section 16 of the Firearms (Amendment) Act 1988 insert—

“15B Fees in connection with approvals under section 15

(1) The Secretary of State may by regulations authorise the appropriate
national authority to require payment of a fee before an approval under
40section 15 is granted, varied or renewed.

(2) Regulations under subsection (1) must specify the amount of any fee
that may be charged.

(3) The regulations may make different provision for different cases
(including specifying different fees for different cases).

(4) The regulations may include—

(a) incidental, supplementary or consequential provision;

(b) 5transitional, transitory or saving provision.

(5) Regulations under this section are to be made by statutory instrument.

(6) A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.

(7) 10In this section, “the appropriate national authority” means—

(a) in or as regards England and Wales, the Secretary of State;

(b) in or as regards Scotland, the Scottish Ministers.”

(3) In the Schedule to the Firearms (Amendment) Act 1988 (firearms and
ammunition in museums), omit paragraph 3.

(4) 15Before paragraph 4 insert—

“3A (1) The Secretary of State may by regulations authorise the appropriate
national authority to require payment of a fee before a licence is
granted, varied or renewed.

(2) Regulations under sub-paragraph (1) must specify the amount of
20any fee that may be charged.

(3) The regulations may make different provision for different cases
(including specifying different fees for different cases).

(4) The regulations may include—

(a) incidental, supplementary or consequential provision;

(b) 25transitional, transitory or saving provision.

(5) Regulations under this paragraph are to be made by statutory
instrument.

(6) A statutory instrument containing regulations under this paragraph
is subject to annulment in pursuance of a resolution of either House
30of Parliament.

(7) In this section, “the appropriate national authority” means—

(a) in or as regards England and Wales, the Secretary of State;

(b) in or as regards Scotland, the Scottish Ministers.”

(5) In consequence of the amendment made by subsection (2), omit section 15(6)
35of the Firearms (Amendment) Act 1988.

107 Guidance to police officers in respect of firearms

(1) The Firearms Act 1968 is amended as follows.

(2) After section 55 insert—

“55A Guidance as to exercise of police functions

(1) The Secretary of State may issue guidance to chief officers of police as
to the exercise of their functions under, or in connection with, this Act.

(2) 5The Secretary of State may revise any guidance issued under this
section.

(3) The Secretary of State must arrange for any guidance issued under this
section, and any revision of it, to be published.

(4) A chief officer of police must have regard to any guidance issued under
10this section.

(5) Before issuing guidance under this section, the Secretary of State must
consult—

(a) the National Police Chiefs’ Council, and

(b) the chief constable of the Police Service of Scotland.”

(3) 15In section 44 (appeals against police decisions), after subsection (3) insert—

“(3A) The court or sheriff hearing an appeal must have regard to any
guidance issued under section 55A that is relevant to the appeal.”

Part 7 Alcohol: licensing

108 20Meaning of “alcohol”: inclusion of alcohol in any state

In the Licensing Act 2003, in section 191(1) (meaning of “alcohol”) after “liquor”
insert “(in any state)”.

109 Interim steps pending review: representations

(1) In the Licensing Act 2003, section 53B (interim steps pending review) is
25amended as follows.

(2) In subsection (6) at the beginning insert “Subject to subsection (9A),”.

(3) After subsection (9) insert—

“(9A) Where the relevant licensing authority has determined under
subsection (8) whether to withdraw or modify the interim steps taken,
30the holder of the premises licence may only make further
representations under subsection (6) if there has been a material change
in circumstances since the authority made its determination.”

110 Summary reviews of premises licences: review of interim steps

(1) The Licensing Act 2003 is amended as follows.

(2) 35Section 53C (review of premises licence following review notice) is amended as
follows.

(3)
In subsection (2)—

(a) at the end of paragraph (a) insert “and”,

(b) in paragraph (b) omit “and”, and

(c) omit paragraph (c).

(4)
After subsection (11) insert—

“(12) 5Section 53D makes provision about the application and review of any
interim steps that have been taken under section 53B in relation to a
premises licence before a decision under this section comes into effect
in relation to the licence.”

(5) After section 53C insert—

“53D 10Interim steps pending section 53C decision coming into effect

(1) At the hearing to consider an application for a review under section
53A, the relevant licensing authority must review any interim steps that
have been taken by the relevant licensing authority under section 53B
that have effect on the date of the hearing.

(2) 15In conducting the review under this section, the relevant licensing
authority must—

(a) consider whether the interim steps are appropriate for the
promotion of the licensing objectives;

(b) consider any relevant representations; and

(c) 20determine whether to withdraw or modify the interim steps
taken.

(3) The power of the relevant licensing authority on a review under this
section includes a power to take any of the following interim steps—

(a) the modification of the conditions of the premises licence;

(b) 25the exclusion of the sale of alcohol by retail from the scope of the
licence;

(c) the removal of the designated premises supervisor from the
licence;

(d) the suspension of the licence.

(4) 30Any interim steps taken under subsection (3) apply until—

(a) the end of the period given for appealing against a decision
made under section 53C,

(b) if the decision under section 53C is appealed against, the time
the appeal is disposed of, or

(c) 35the end of a period determined by the relevant licensing
authority (which may not be longer than the period of time for
which such interim steps could apply under paragraph (a) or
(b)).

(5) Any interim steps taken under section 53B in relation to a premises
40licence cease to have effect when the decision made under section 53C
comes into effect.

(6) In subsection (2) “relevant representations” means representations
which—

(a) are relevant to one or more of the licensing objectives, and

(b) 45meet the requirements of subsection (7).

(7) The requirements are—

(a) that the representations are made by the holder of the premises
licence, a responsible authority or any other person within the
period prescribed under subsection 53A(3)(e),

(b) 5that they have not been withdrawn, and

(c) if they are made by a person who is not a responsible authority,
that they are not, in the opinion of the relevant licensing
authority, frivolous or vexatious.

(8) Where the relevant licensing authority determines that any
10representations are frivolous or vexatious, it must notify the person
who made them of the reasons for that determination.

(9) A decision under this section may be appealed (see paragraph 8B of
Part 1 of Schedule 5 (appeals: premises licences)).”

(6) Part 1 of Schedule 5 (appeals: premises licences) is amended as follows.

(7) 15After paragraph 8A (summary review of premises licence) insert—

““Review of interim steps

8B (1) This paragraph applies where a review of interim steps is decided
under section 53D (review of interim steps at a summary review of a
premises licence).

(2) 20An appeal may be made against that decision by—

(a) the chief officer of police for the police area (or each police
area) in which the premises are situated, or

(b) the holder of the premises licence.

(3) An appeal under this paragraph must be heard by the magistrates’
25court within the period of 28 days beginning with the day on which
the appellant commenced the appeal (see paragraph 9(2)).”

(8) This section does not apply to applications made under section 53A of the
Licensing Act 2003 (summary reviews on application of senior police officer)
where a decision in relation to that application has been made under section
3053C (review of premises licence following review notice) before the coming
into force of this section.

111 Personal licences: licensing authority powers in relation to convictions

(1) The Licensing Act 2003 is amended as follows.

(2) In section 10(4)(a) (functions that may not be delegated to an officer) after sub-
35paragraph (xii) insert—

section 132A(8) and (12) (revocation or suspension of
licence by local authority where it becomes aware of
convictions or immigration penalties),”.

(3) After section 132 (licence holder’s duty to notify licensing authority of
40convictions) insert—

“132A Convictions etc of licence-holder: powers of licensing authority

(1) This section applies where a licensing authority has granted a personal
licence and it becomes aware (whether by virtue of section 123(1), 131