Session 2016-17
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22

 
 

(c)    

an offence of attempting or conspiring to commit, or of

 

inciting the commission of, an offence mentioned in

 

paragraph (a) or (b), or

 

(d)    

an offence under Part 2 of the Serious Crime Act 2007

 

(encouraging or assisting crime) in relation to an offence

 

mentioned in paragraph (a) or (b).

 

(A3)    

An offence committed in Scotland is a specified offence if it is—

 

(a)    

an offence (including an offence under the common law)

 

that is punishable by virtue of any statutory provision with

 

imprisonment or another form of detention for a term of 10

 

years or with a greater punishment,

 

(b)    

an offence specified in Part 2 of Schedule 7A, or

 

(c)    

an offence of attempting or conspiring to commit, or of

 

inciting the commission of, an offence mentioned in

 

paragraph (a) or (b).

 

(A4)    

An offence committed in Northern Ireland is a specified offence if it

 

is—

 

(a)    

an offence (including an offence under the common law)

 

that is punishable by virtue of any statutory provision with

 

imprisonment or another form of detention for a term of 10

 

years or with a greater punishment,

 

(b)    

an offence specified in Part 3 of Schedule 7A,

 

(c)    

an offence of attempting or conspiring to commit, or of

 

inciting the commission of, an offence mentioned in

 

paragraph (a) or (b), or

 

(d)    

an offence under Part 2 of the Serious Crime Act 2007

 

(encouraging or assisting crime) in relation to an offence

 

mentioned in paragraph (a) or (b).”

 

77

Page 121, line 18, leave out from “instrument” to end of line 19 and insert “amend

 

Part 1, 2 or 3 of Schedule 7A so as to add an offence to, or remove an offence from,

 

the offences for the time being specified in the Part.”

 

78

Page 121, line 20, leave out from beginning to “only” and insert “Regulations under

 

subsection (1) may add an offence to a Part of Schedule 7A”

 

79

Page 121, line 24, leave out “specify it for the purposes of section 137A” and insert

 

“add the offence to the Part”

 

80

Page 121, line 37, at end insert—

 

“(6)    

In this section—

 

(a)    

a description of an offence in subsection (A2)(a) or (b) or

 

(A4)(a) or (b) includes such an offence committed by aiding,

 

abetting, counselling or procuring;

 

(b)    

a description of an offence in subsection (A3)(a) or (b)

 

includes such an offence committed by involvement art and

 

part or by aiding, abetting, counselling or procuring;

 
 

 


 
 

23

 
 

(c)    

“statutory provision” means any provision of—

 

(i)    

an Act or subordinate legislation within the meaning

 

of the Interpretation Act 1978;

 

(ii)    

an Act of the Scottish Parliament or an instrument

 

made under such an Act;

 

(iii)    

a Measure or Act of the National Assembly for

 

Wales or an instrument made under such a Measure

 

or Act;

 

(iv)    

Northern Ireland legislation or an instrument made

 

under Northern Ireland legislation.”

 

81

Page 123, line 2, at end insert—

 

“(9)    

In subsection (8), in the definition of “investigating force”, the

 

reference to a police force includes a reference to—

 

(a)    

the National Crime Agency;

 

(b)    

any of the following (to the extent that their functions relate

 

to the investigation of offences)—

 

(i)    

officers of Revenue and Customs;

 

(ii)    

immigration officers;

 

(iii)    

designated customs officials within the meaning of

 

Part 1 of the Borders, Citizenship and Immigration

 

Act 2009 (see section 14(6) of that Act).

 

(10)    

In the application of this section in a case where the investigating

 

force is a police force mentioned in subsection (9)(a) or (b)—

 

(a)    

the reference to a constable in subsections (4)(b) and (5)(b),

 

and the reference to a constable in the investigating force in

 

subsection (7)(a), is to be read as a reference to a National

 

Crime Agency officer designated under section 9 or 10 of the

 

Crime and Courts Act 2013 (“a designated NCA officer”), an

 

officer of Revenue and Customs, an immigration officer or a

 

designated customs official (as the case may be);

 

(b)    

any reference to an officer of at least, or above, the rank of

 

inspector in the investigating force is to be read as a

 

reference to a designated NCA officer, an officer of Revenue

 

and Customs, an immigration officer or a designated

 

customs official (as the case may be) of at least, or above, the

 

equivalent grade.”

 

82

Page 123, line 12, leave out “regulations under subsection (5)” and insert “the

 

modifications made by Part 1 of Schedule 7B”

 

83

Page 123, line 17, at end insert—

 

“( )    

section 31 of the Children and Young Persons Act 1933

 

(separation of children and young persons from adults in

 

police stations, courts etc);”

 

 
 

 


 
 

24

84

Page 123, line 22, leave out “regulations under subsection (5)” and insert “the

 

modifications made by Part 2 of Schedule 7B”

 

85

Page 123, line 26, at end insert—

 

“( )    

section 51 of that Act (duty to consider child’s well-being);

 

( )    

section 52 of that Act (duties in relation to children in

 

custody).”

 

86

Page 123, line 29, leave out “regulations under subsection (5)” and insert “the

 

modifications made by Part 3 of Schedule 7B”

 

87

Page 123, line 35, at end insert—

 

“( )    

Article 9 of the Criminal Justice (Children) (Northern

 

Ireland) Order 1998 (S.I. 1998/1504 (N.I.9)) (separation of

 

child in police detention from adults charged with

 

offences);”

 

88

Page 123, line 40, leave out from “instrument” to end of line 47 and insert—

 

“(a)    

amend this section so as to add to the provisions that for the

 

time being apply as mentioned in subsection (2), (3) or (4),

 

(b)    

amend this section so as to remove any of those provisions

 

that were added by virtue of paragraph (a),

 

(c)    

amend Schedule 7B so as to alter the modifications for the

 

time being made by that Schedule, including by adding a

 

modification or removing one;

 

(d)    

amend Schedule 7B so as to provide that any of the

 

provisions that for the time being apply as mentioned in

 

subsection (2), (3) or (4) do not apply in cases or

 

circumstances set out in the Schedule.

 

(5A)    

Regulations under subsection (5) may include consequential

 

provision, including provision amending any statutory provision;

 

and, for that purpose, statutory provision has the same meaning as

 

in section 137B (see subsection (6)(c) of that section).”

 

89

Page 123, line 47, at end insert—

 

“( )    

The Secretary of State may not make regulations under subsection

 

(5) unless the Scottish Ministers and the Department of Justice in

 

Northern Ireland consent to the making of the regulations.”

 

 
 

 


 
 

25

90

Page 124, line 3, at end insert—

 

“( )    

In the application of Schedule 7B in a case where the investigating

 

force is a police force mentioned in section 137C(9)(a) or (b), any

 

reference to an officer of at least, or above, a particular rank in the

 

investigating force is to be read as a reference to a designated NCA

 

officer, an officer of Revenue and Customs, an immigration officer

 

or a designated customs official (as the case may be) of at least, or

 

above, the equivalent grade.””

 

91

Page 124, leave out lines 4 to 9

 

92

Page 124, line 9, at end insert—

 

“(2)    

After Schedule 7 to that Act insert, as Schedule 7A to that Act, the Schedule

 

set out in Schedule 14A to this Act.

 

(3)    

After Schedule 7A to that Act (as inserted by subsection (2) above) insert,

 

as Schedule 7B to that Act, the Schedule set out in Schedule 14B to this Act.”

After Clause 106

93

Insert the following new Clause—

 

“Cross-border enforcement: officers of Revenue and Customs

 

In section 87 of the Finance Act 2007 (cross-border exercise of powers:

 

officers of Revenue and Customs), in subsection (4) for “only in the exercise

 

of a function relating to tax (including duties and tax credits)” substitute “in

 

the exercise of any function of the Commissioners for Her Majesty’s

 

Revenue and Customs or of officers of Revenue and Customs, within the

 

meaning of the Commissioners for Revenue and Customs Act 2005 (see

 

section 51(2) to (2B) of that Act)”.”

After Clause 107

94

Insert the following new Clause—

 

“Powers to require removal of disguises: oral authorisation

 

In section 60AA of the Criminal Justice and Public Order Act 1994 (powers

 

to require removal of disguises), for subsection (6) substitute—

 

“(6)    

Subject to subsection (6A), an authorisation under subsection (3)—

 

(a)    

shall be in writing and signed by the officer giving it; and

 

(b)    

shall specify—

 

(i)    

the grounds on which it is given;

 

(ii)    

the locality in which the powers conferred by this

 

section are exercisable; and

 

(iii)    

the period during which those powers are

 

exercisable.

 
 

 


 
 

26

 
 

(6A)    

An authorisation under subsection (3) need not be given in writing

 

where it is not practicable to do so but any oral authorisation—

 

(a)    

must state the matters which would otherwise have to be

 

specified under subsection (6), and

 

(b)    

must be recorded in writing as soon as it is practicable to do

 

so.

 

(6B)    

A direction under subsection (4) shall be given in writing or, where

 

that is not practicable, recorded in writing as soon as it is practicable

 

to do so.””

After Clause 109

95

Insert the following new Clause—

 

“Deputy Mayor for Policing and Crime as member of local authority

 

(1)    

Section 1 of the Local Government and Housing Act 1989 (disqualification

 

and political restriction of certain local authority officers and staff) is

 

amended as follows.

 

(2)    

In subsection (9) (references to a person holding a politically restricted post

 

under a local authority include every member of the staff of an elected local

 

policing body) omit “, except for a deputy police and crime commissioner”.

 

(3)    

After that subsection insert—

 

“(10)    

The reference in subsection (9) to every member of the staff of an

 

elected local policing body does not include a deputy police and

 

crime commissioner.

 

(11)    

For the purposes of subsection (1) only, the reference in subsection

 

(9) to every member of the staff of an elected local policing body

 

does not include the Deputy Mayor for Policing and Crime

 

appointed under section 19(1)(a) of the Police Reform and Social

 

Responsibility Act 2011.””

After Clause 110

96

Insert the following new Clause—

 

“Police and crime commissioners: parity of funding at inquests

 

(1)    

Where the police force for which a police and crime commissioner is

 

responsible is an interested person for the purposes of an inquest into—

 

(a)    

the death of a member of an individual family, or

 

(b)    

the deaths of members of a group of families,

 

    

under the Coroners and Justice Act 2009, the commissioner has the duties

 

set out in this section.

 

(2)    

The police and crime commissioner must make recommendations to the

 

Secretary of State as to whether the individual family or the group of

 

families at the inquest require financial support to ensure parity of legal

 

representation between parties to the inquest.

 
 

 


 
 

27

 
 

(3)    

If a police and crime commissioner makes a recommendation for financial

 

support under subsection (2), then the Secretary of State must provide

 

financial assistance to the individual family or group of families to ensure

 

parity of funding between the individual family or the group of families

 

and the other party to the inquest.

 

(4)    

The individual family or group of families may use funding authorised

 

under this section solely for the purpose of funding legal representation at

 

the inquest.

 

(5)    

In this section, “interested person” has the same meaning as in section 47 of

 

the Coroners and Justice Act 2009.”

Clause 111

97

Page 128, line 11, leave out from “description” to end of line 13 and insert “which—

 

(a)    

is designed to discharge only a small plastic missile (whether or not

 

it is also capable of discharging any other kind of missile), and

 

(b)    

is not capable of discharging a missile (of any kind) with kinetic

 

energy at the muzzle of the weapon that exceeds the permitted

 

level.”

 

98

Page 128, line 15, at end insert—

 

“( )    

is spherical, and”

 

99

Page 128, line 16, leave out “6” and insert “8”

 

100

Page 128, line 18, leave out from “which” to “successively” in line 19 and insert “is

 

capable of discharging two or more missiles”

Clause 112

101

Page 128, line 40, leave out from beginning to end of line 2 on page 129 and insert—

 

“(a)    

either the conditions in subsection (2AA) are met or the condition

 

in subsection (2AB) is met, and

 

(b)    

if an additional condition is specified in regulations under

 

subsection (2AC), that condition is also met.

 

(2AA)    

The conditions in this subsection are that—

 

(a)    

the firearm’s chamber or, if the firearm has more than one chamber,

 

each of its chambers is either—

 

(i)    

a chamber that the firearm had when it was manufactured,

 

or

 

(ii)    

a replacement for such a chamber that is identical to it in all

 

material respects;

 
 

 


 
 

28

 
 

(b)    

the firearm’s chamber or (as the case may be) each of the firearm’s

 

chambers is designed for use with a cartridge of a description

 

specified in regulations made by statutory instrument by the

 

Secretary of State (whether or not it is also capable of being used

 

with other cartridges).

 

(2AB)    

The condition in this subsection is that the firearm’s propulsion system is

 

of a description specified in regulations made by statutory instrument by

 

the Secretary of State.

 

(2AC)    

The Secretary of State may by regulations made by statutory instrument

 

specify either of the following conditions for the purposes of subsection

 

(2A)(b)—

 

(a)    

a condition that a number of years specified in the regulations has

 

elapsed since the date on which the firearm was manufactured;

 

(b)    

a condition that the firearm was manufactured before a date

 

specified in the regulations.

 

(2AD)    

In its application to Scotland, subsection (2AB) does not apply in relation to

 

a firearm that is an air weapon.”

 

102

Page 129, line 3, leave out “(2A)” and insert “(2AA), (2AB) or (2AC)”

 

103

Page 129, line 6, leave out “(2A)” and insert “(2AA), (2AB) or (2AC)”

 

104

Page 129, line 9, leave out “(2A)” and insert “(2AA) or (2AB)”

 

105

Page 129, line 12, leave out “ignition” and insert “propulsion”

 

106

Page 129, line 20, leave out “58(2A)” and insert “58(2AA), (2AB) or (2AC)”

Clause 114

107

Page 131, leave out line 6 and insert “technical specifications for the deactivation

 

of the weapon that apply 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 or given as a gift.

 

(4A)    

The Secretary of State must publish a document setting out the

 

technical specifications that apply for the purposes of subsection

 

(4)(c) (“the technical specifications document”).

 

(4B)    

The technical specifications document may set out different

 

technical specifications for different kinds of weapon.

 

(4C)    

The Secretary of State—

 

(a)    

may from time to time revise the technical specifications

 

document, and

 

(b)    

where it is revised—

 

(i)    

must publish the document as revised, and

 
 

 


 
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Revised 19 December 2016