Anti-social Behaviour, Crime and Policing Bill (HL Bill 52)

(4) Such an order—

(a) has effect only for a fixed period, specified in the order;

(b) ceases to have effect, if it has not already done so, on the
determination of the main application.

(5) 5The applicant or the defendant may by complaint apply to the court
that made the interim sexual risk order for the order to be varied,
renewed or discharged.

122F Sexual risk orders and interim sexual risk orders: notification
requirements

(1) 10A person in respect of whom a court makes—

(a) a sexual risk order (other than one that replaces an interim
sexual risk order), or

(b) an interim sexual risk order,

must, within the period of 3 days beginning with the date of service
15of the order, notify to the police the information set out in subsection
(2) (unless the person is subject to the notification requirements of
this Part on that date).

(2) The information is—

(a) the person’s name and, where the person uses one or more
20other names, each of those names;

(b) the person’s home address.

(3) A person who—

(a) is subject to a sexual risk order or an interim sexual risk order
(but is not subject to the notification requirements of this
25Part), and

(b) uses a name which has not been notified under this section
(or under any other provision of this Part), or changes home
address,

must, within the period of 3 days beginning with the date on which
30that happens, notify to the police that name or (as the case may be)
the new home address.

(4) Sections 87 (method of notification and related matters) and 91
(offences relating to notification) apply for the purposes of this
section—

(a) 35with references to section 83(1) being read as references to
subsection (1) above,

(b) with references to section 84(1) being read as references to
subsection (3) above, and

(c) with the omission of section 87(2)(b).

122G 40 Sexual risk orders and interim sexual risk orders: appeals

(1) A defendant may appeal to the Crown Court—

(a) against the making of a sexual risk order;

(b) against the making of an interim sexual risk order; or

(c) against the making of an order under section 122D, or the
45refusal to make such an order.

(2) On any such appeal, the Crown Court may make such orders as may
be necessary to give effect to its determination of the appeal, and
may also make such incidental or consequential orders as appear to
it to be just.

(3) 5Any order made by the Crown Court on an appeal under subsection
(1)(a) or (b) (other than an order directing that an application be re-
heard by a magistrates’ court) is for the purposes of section 122D(7)
or 122E(5) (respectively) to be treated as if it were an order of the
court from which the appeal was brought (and not an order of the
10Crown Court).

122H Offence: breach of sexual risk order or interim sexual risk order etc

(1) A person who, without reasonable excuse, does anything that the
person is prohibited from doing by—

(a) a sexual risk order,

(b) 15an interim sexual risk order,

(c) a risk of sexual harm order,

(d) an interim risk of sexual harm order,

(e) an order under section 2 of the Protection of Children and
Prevention of Sexual Offences (Scotland) Act 2005 (risk of
20sexual harm orders in Scotland), or

(f) an order under section 5 of that Act (interim risk of sexual
harm orders in Scotland),

commits an offence.

(2) A person commits an offence if, without reasonable excuse, the
25person fails to comply with a requirement imposed under section
122C(4).

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

(a) on summary conviction, to imprisonment for a term not
exceeding 6 months or a fine or both;

(b) 30on conviction on indictment, to imprisonment for a term not
exceeding 5 years.

(4) Where a person is convicted of an offence under this section, it is not
open to the court by or before which the person is convicted to make,
in respect of the offence, an order for conditional discharge.

122I 35 Effect of conviction etc of an offence under section 122H etc

(1) This section applies to a person (“the defendant”) who—

(a) is convicted of an offence mentioned in subsection (2);

(b) is found not guilty of such an offence by reason of insanity;

(c) is found to be under a disability and to have done the act
40charged against him in respect of such an offence; or

(d) is cautioned in respect of such an offence.

(2) Those offences are—

(a) an offence under section 122H or 128 of this Act;

(b) an offence under section 7 of the Protection of Children and
45Prevention of Sexual Offences (Scotland) Act 2005
(contravention of risk of sexual harm order or interim risk of
sexual harm order in Scotland).

(3) Where—

(a) a defendant was a relevant offender immediately before this
section applied to the defendant, and

(b) the defendant would (apart from this subsection) cease to be
5subject to the notification requirements of this Part while the
relevant order (as renewed from time to time) has effect,

the defendant remains subject to the notification requirements.

(4) Where the defendant was not a relevant offender immediately before
this section applied to the defendant—

(a) 10this section causes the defendant to become subject to the
notification requirements of this Part from the time the
section first applies to the defendant until the relevant order
(as renewed from time to time) ceases to have effect, and

(b) this Part applies to the defendant, subject to the modification
15set out in subsection (5).

(5) The “relevant date” is the date on which this section first applies to
the defendant.

(6) In this section “relevant order” means—

(a) where the conviction, finding or caution within subsection (1)
20is in respect of a breach of a sexual risk order or a risk of
sexual harm order, that order;

(b) where the conviction, finding or caution within subsection (1)
is in respect of a breach of an interim sexual risk order or an
interim risk of sexual harm order, any sexual risk order or
25risk of sexual harm order made on the hearing of the
application to which the interim order relates or, if no such
order is made, the interim order.

(7) In subsection (6) “risk of sexual harm order” and “interim risk of
sexual harm order” include orders under sections 2 and 5
30(respectively) of the Protection of Children and Prevention of Sexual
Offences (Scotland) Act 2005.

122J Sexual risk orders and interim sexual risk orders: guidance

(1) The Secretary of State must issue guidance to chief officers of police
and to the Director General of the National Crime Agency in relation
35to the exercise by them of their powers with regard to sexual risk
orders and interim sexual risk orders.

(2) The Secretary of State may, from time to time, revise the guidance
issued under subsection (1).

(3) The Secretary of State must arrange for any guidance issued or
40revised under this section to be published in such manner as the
Secretary of State considers appropriate.”

Risk of sexual harm orders

5 (1) Sections 123 to 129 (risk of sexual harm orders) are repealed.

(2) This paragraph extends only to England and Wales.

Application etc of orders

6 After section 136 there is inserted—

“136ZA Application of orders throughout the United Kingdom

(1) In this section “relevant order” means—

(a) 5a sexual harm prevention order;

(b) an interim sexual harm prevention order;

(c) a sexual offences prevention order;

(d) an interim sexual offences prevention order;

(e) a foreign travel order;

(f) 10a sexual risk order;

(g) an interim sexual risk order;

(h) a risk of sexual harm order;

(i) an interim risk of sexual harm order;

(j) an order under section 2 of the Protection of Children and
15Prevention of Sexual Offences (Scotland) Act 2005 (risk of
sexual harm orders in Scotland);

(k) an order under section 5 of that Act (interim risk of sexual
harm orders in Scotland).

(2) For the purposes of sections 103I, 113, 122, 122H and 128,
20prohibitions imposed by a relevant order made in one part of the
United Kingdom apply (unless expressly confined to particular
localities) throughout that and every other part of the United
Kingdom.

136ZB Order ceases to have effect when new order made

(1) 25Where a court in England and Wales makes an order listed in the first
column of the following Table in relation to a person who is already
subject to an order listed opposite it in the second column, the earlier
order ceases to have effect (whichever part of the United Kingdom it
was made in) unless the court orders otherwise.

(2) Where a court in Northern Ireland or Scotland makes an order listed
in the first column of the following Table in relation to a person who
40is already subject to an order or prohibition listed opposite it in the
second column, the earlier order or prohibition ceases to have effect
(even though it was made or imposed by a court in England and
Wales) unless the court orders otherwise.

(3) In this section—

(a) “court”, in Scotland, includes sheriff;

(b) “risk of sexual harm order” includes an order under section 2
30of the Protection of Children and Prevention of Sexual
Offences (Scotland) Act 2005.”

Section 118

SCHEDULE 6 Schedule to be inserted as Schedule 4B to the Police Act 1996

Section 64A

“Schedule 1 35The Police Remuneration Review Body

Interpretation

1 In this Schedule “review body” means the Police Remuneration
Review Body.

Members of the review body

2 The Secretary of State shall determine how many members the
review body should have and what kinds of experience the
members should possess.

3 5Members shall hold and vacate office in accordance with the terms
of their appointment.

4 Members shall adhere to any statement of principles issued by the
Secretary of State as to their conduct as members.

Resignation of members

5 (1) 10The chair of the review body may resign by giving written notice
to the Prime Minister.

(2) Resignation may be either—

(a) as chair, or

(b) as both chair and member.

6 (1) 15The deputy chair of the review body may resign by giving written
notice to the Secretary of State.

(2) Resignation may be either—

(a) as deputy chair, or

(b) as both deputy chair and member.

7 20A member other than the chair or deputy chair may resign by
giving written notice to the Secretary of State.

Dismissal of members

8 (1) The Prime Minister may by written notice dismiss the chair on the
ground that—

(a) 25the chair has been adjudged bankrupt, has been made the
subject of a debt relief order (under Part 7A of the
Insolvency Act 1986) or has made an arrangement with
creditors;

(b) in the opinion of the Prime Minister the chair is unable,
30unfit or unwilling to perform—

(i) the functions of chair, or

(ii) the functions of a member.

(2) Dismissal may be either—

(a) as chair, or

(b) 35as both chair and member (but only if sub-paragraph (1)(a)
or (b)(ii) applies).

9 (1) The Secretary of State may by written notice dismiss the deputy
chair on the ground that—

(a) the deputy chair has been adjudged bankrupt, has been
40made the subject of a debt relief order (under Part 7A of the
Insolvency Act 1986) or has made an arrangement with
creditors;

(b) in the opinion of the Secretary of State the deputy chair is
unable, unfit or unwilling to perform—

(i) the functions of deputy chair, or

(ii) the functions of a member.

(2) 5Dismissal may be either—

(a) as deputy chair, or

(b) as both deputy chair and member (but only if sub-
paragraph (1)(a) or (b)(ii) applies).

10 The Secretary of State may by written notice dismiss a member
10other than the chair or deputy chair on the ground that—

(a) the member has been adjudged bankrupt, has been made
the subject of a debt relief order (under Part 7A of the
Insolvency Act 1986) or has made an arrangement with
creditors, or

(b) 15in the opinion of the Secretary of State the member is
unable, unfit or unwilling to perform the functions of a
member.

Procedure

11 (1) Subject to sub-paragraph (2), the review body shall determine its
20own procedure.

(2) The Secretary of State may give directions to the review body as to
its procedure, including in particular directions about—

(a) the persons from whom the review body is to obtain
evidence;

(b) 25the procedure for obtaining evidence.

(3) The validity of proceedings of the review body is not affected by—

(a) a vacancy in its membership (including a vacancy in the
position of chair);

(b) a defect in a person’s appointment.

30Matters to be considered

12 The Secretary of State may give directions to the review body
about the matters that it is to consider when making decisions.

Consultation

13 (1) The Secretary of State shall consult with the persons and bodies
35listed in sub-paragraph (2), and any others that the Secretary of
State thinks fit, before—

(a) making or revising a determination under paragraph 2;

(b) issuing or revising a statement of principles under
paragraph 4;

(c) 40giving or revising a direction under paragraph 11(2) or 12.

(2) The persons and bodies are—

(a) the Department of Justice in Northern Ireland;

(b) persons whom the Secretary of State considers to represent
the views of chief officers of police and of the Chief
Constable of the Police Service of Northern Ireland;

(c) persons whom the Secretary of State considers to represent
5the interests of members of police forces;

(d) persons whom the Secretary of State considers to represent
the interests of members of the Police Service of Northern
Ireland;

(e) persons whom the Secretary of State considers to represent
10the views of the persons and bodies who between them
maintain the police forces in England and Wales;

(f) the Northern Ireland Policing Board.

(3) The Secretary of State shall consult with the Department of Justice
in Northern Ireland before exercising a power of dismissal under
15paragraph 8, 9 or 10.

Publication

14 The Secretary of State shall arrange for the publication of—

(a) a statement of any determination made under paragraph 2
(and of any revised determination);

(b) 20any statement of principles issued under paragraph 4 (and
any revised statement);

(c) any direction given under paragraph 11(2) or 12 (and any
revised direction).

Money

15 25The Secretary of State or the Department of Justice in Northern
Ireland—

(a) may defray expenses incurred by the review body;

(b) may pay remuneration and allowances to members;

(c) may make payments to or in respect of a member by way
30of or in connection with—

(i) a pension;

(ii) an allowance or gratuity on retirement or death;

(d) may pay compensation to a person who ceases to be a
member if it seems to the Secretary of State or the
35Department to be right to do so by reason of special
circumstances.”

Section 131

SCHEDULE 7 Powers to seize invalid passports etc

Interpretation

1 (1) 40In this Schedule “examining officer” means—

(a) a constable,

(b) a person appointed as an immigration officer under paragraph 1 of
Schedule 2 to the Immigration Act 1971, or

(c) a general customs official designated under section 3(1) of the
Borders, Citizenship and Immigration Act 2009.

(2) 5In this Schedule “travel document” means anything that is, or appears to be,
a passport or other document which—

(a) has been issued by or for Her Majesty’s Government, or the
government of another state, and

(b) enables or facilitates travel from one state to another.

(3) 10For the purposes of this Schedule a travel document is “invalid” if—

(a) it has been cancelled,

(b) it has expired,

(c) it was not issued by the government or authority by which it
purports to have been issued, or

(d) 15it has undergone an unauthorised alteration.

(4) In this Schedule “port” means—

(a) an airport,

(b) a sea port,

(c) a hoverport,

(d) 20a heliport,

(e) a railway station where passenger trains depart for, or arrive from,
places outside the United Kingdom, or

(f) any other place at which a person is able, or attempting, to get on or
off any craft, vessel or vehicle in connection with entering or leaving
25Great Britain or Northern Ireland.

Powers of search and seizure etc: ports

2 (1) An examining officer may exercise any of the powers under this paragraph
in the case of a person at a port whom the officer believes to be there in
connection with—

(a) 30entering or leaving Great Britain or Northern Ireland, or

(b) travelling by air within Great Britain or within Northern Ireland.

(2) The powers are—

(a) to require the person to hand over all travel documents in his or her
possession for inspection by the examining officer;

(b) 35to search for travel documents and to take possession of any that the
officer finds;

(c) to inspect any travel document taken from the person and to retain it
while its validity is checked;

(d) (subject to paragraph 4) to retain any travel document taken from the
40person that the examining officer believes to be invalid.

(3) The power under sub-paragraph (2)(b) is a power to search—

(a) the person;

(b) anything that the person has with him or her;

(c) any vehicle in which the examining officer believes the person to
45have been travelling or to be about to travel.

(4) An examining officer—

(a) may stop a person or vehicle for the purposes of exercising a power
under this paragraph;

(b) may if necessary use reasonable force for the purpose of exercising a
5power under this paragraph;

(c) may authorise a person to carry out on the officer’s behalf a search
under this paragraph.

Powers of search and seizure etc: constables

3 (1) A constable may exercise any of the powers under this paragraph, at a place
10that is not a port, in the case of a person whom the constable reasonably
believes to be in possession of a passport to which this paragraph applies.

(2) This paragraph applies to a passport if—

(a) the passport was issued by or for Her Majesty’s Government,

(b) the Secretary of State has cancelled the passport on the basis that the
15person to whom it was issued has or may have been, or will or may
become, involved in activities so undesirable that it is contrary to the
public interest for the person to have access to passport facilities, and

(c) the passport is specified in an authorisation issued by the Secretary
of State for the use of the powers under this paragraph.

(3) 20The powers are—

(a) to require the person to hand over all travel documents in his or her
possession for inspection by the constable;

(b) to search for travel documents and to take possession of any that the
constable finds;

(c) 25to inspect any travel document taken from the person and to retain it
while its validity is checked;

(d) (subject to paragraph 4) to retain any travel document taken from the
person that the constable believes to be invalid.

(4) The power under sub-paragraph (3)(b) is a power to search—

(a) 30the person;

(b) anything that the person has with him or her;

(c) any vehicle in which the constable believes the person to have been
travelling or to be about to travel;

(d) any premises on which the constable is lawfully present.

(5) 35A constable—

(a) may if necessary use reasonable force for the purpose of exercising a
power under this paragraph;

(b) may authorise a person to carry out on the constable’s behalf a search
under this paragraph.

40Retention or return of documents seized

4 (1) If a travel document is retained under paragraph 2(2)(c) or 3(3)(c) while its
validity is checked, the checking must be carried out as soon as possible.

(2) If it is established that a travel document taken from a person under
paragraph 2 or 3—

(a) 45is valid, or