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

(2) For the heading there is substituted “Surrender of passports: Northern
Ireland”.

(3) In subsection (2), after “at a police station” there is inserted “in Northern
Ireland”.

(4) 5In subsection (3), at the end there is inserted “(unless the person is subject to
an equivalent prohibition under another order)”.

66 In section 117B of that Act (surrender of passports: Scotland), at the end of
subsection (3) there is inserted “(unless the person is subject to an equivalent
prohibition under another order)”.

67 (1) 10Section 119 of that Act (foreign travel orders: appeals) is amended as follows.

(2) For the heading there is substituted “Appeals in relation to foreign travel
orders: Northern Ireland”.

(3) In subsection (1), for “the Crown Court” there is substituted “a county
court”.

(4) 15In subsection (2), for “the Crown Court” there is substituted “the county
court”.

(5) For subsection (3) there is substituted—

“(3) Any order made by a county court on an appeal under subsection
(1)(a) (other than an order directing that an application be re-heard
20by a court of summary jurisdiction) is for the purposes of section
118(5) to be treated as if it were an order of the court from which the
appeal was brought (and not an order of the county court).”

68 (1) Section 122 (offence: breach of foreign travel order) is amended as follows.

(2) In the heading, at the end there is inserted “etc”.

(3) 25In subsection (1)—

(a) for “excuse, he” there is substituted “excuse—

“(a) he”;

(b) at the end there is inserted “, or

“(b) he contravenes a prohibition on foreign travel
30imposed by a sexual harm prevention order.”

(4) In subsection (1B)(a) the words “England and Wales and” are omitted.

69 In the cross-heading before section 123 of that Act, after “orders” there is
inserted “(Northern Ireland)”.

70 (1) Section 123 of that Act (risk of sexual harm orders: application, grounds and
35effect) is amended as follows.

(2) In subsection (1)—

(a) for “A chief officer of police” there is substituted “The Chief
Constable of the Police Service of Northern Ireland”;

(b) for “a magistrates’ court” there is substituted “a court of summary
40jurisdiction”;

(c) for “his police area” (in both places) there is substituted “Northern
Ireland”;

(d) for “the chief officer” (in both places) there is substituted “the Chief
Constable”.

(3) Subsection (2) is repealed.

71 (1) Section 125 (RSHOs: variation, renewals and discharges) is amended as
5follows.

(2) In subsection (2), for paragraphs (b) to (d) there is substituted—

“(b) the Chief Constable of the Police Service of Northern
Ireland.”

(3) In subsection (3), for “and (if they wish to be heard) the other persons
10mentioned in subsection (2)” there is substituted “, and the other person
mentioned in subsection (2) (if that person wishes to be heard)”.

(4) In subsection (5), for the words after “without the consent of the defendant
and” there is substituted “the Chief Constable of the Police Service of
Northern Ireland”.

(5) 15In subsection (7), for paragraphs (b) and (c) there is substituted—

“(b) a court of summary jurisdiction for the petty sessions district
which includes the area where the defendant resides;

(c) where the application is made by the Chief Constable of the
Police Service of Northern Ireland, any court of summary
20jurisdiction.”

72 In section 126 (interim RSHOs), in subsection (2)(b), for “the person who has
made that application” there is substituted “the Chief Constable of the Police
Service of Northern Ireland”.

73 (1) Section 127 (RSHOs and interim RSHOs) is amended as follows.

(2) 25In subsection (1), for “the Crown Court” there is substituted “a county
court”.

(3) In subsection (2), for “the Crown Court” there is substituted “the county
court”.

(4) For subsection (3) there is substituted—

“(3) 30Any order made by a county court on an appeal under subsection
(1)(a) or (b) (other than an order directing that an application be re-
heard by a court of summary jurisdiction) is for the purposes of
section 125(7) or 126(5) (respectively) to be treated as if it were an
order of the court from which the appeal was brought (and not an
35order of the county court).”

74 (1) Section 128 (offence: breach of RSHO or interim RSHO) is amended as
follows.

(2) In the heading, after “interim RSHO” there is inserted “etc”.

(3) For subsections (1) and (1A) there is substituted—

“(1) 40A person who, without reasonable excuse, does anything that the
person is prohibited from doing by—

(a) a risk of sexual harm order,

(b) an interim risk of sexual harm order,

(c) a sexual risk order,

(d) an interim sexual risk order,

(e) an order under section 2 of the Protection of Children and
Prevention of Sexual Offences (Scotland) Act 2005 (risk of
5sexual 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.”

75 (1) Section 129 (effect of conviction etc of an offence under section 128) is
10amended as follows.

(2) In the heading, after “section 128” there is inserted “etc”.

(3) In subsection (1A)(a), after “an offence under section” there is inserted “122H
or”.

(4) For subsection (5) there is substituted—

“(5) 15In this section “relevant order” means—

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

(b) where the conviction, finding or caution within subsection (1)
20is in respect of a breach of an interim risk of sexual harm
order or an interim sexual risk order, any risk of sexual harm
order or sexual risk order made on the hearing of the
application to which the interim order relates or, if no such
order is made, the interim order.

(6) 25In subsection (5)—

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

• “interim risk of sexual harm order” includes an order under
  30section 5 of that Act.”

76 (1) Section 133 of that Act (Part 2: general interpretation) is amended as follows.

(2) In subsection (1), at the appropriate places there is inserted—

• ““interim sexual harm prevention order” has the meaning given
  by section 103F(2);”;

• 35““interim sexual risk order” has the meaning given by section
  122E(2);”;

• ““prohibition on foreign travel” has the meaning given by
  section 103D(2) or 122C(2);”;

• ““sexual harm prevention order” has the meaning given by
  40section 103A(1);”;

• ““sexual risk order” has the meaning given by section 122A(1);”.

77 In section 136 of that Act (Part 2: Northern Ireland), for subsection (8) there
is substituted—

“(8) The reference in section 101 to the Crown Court is to be read as a
45reference to a county court.”

Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)2005 (asp 9)

78 (1) Section 7 of the Protection of Children and Prevention of Sexual Offences
(Scotland) Act 2005 (offence: breach of RSHO or interim RSHO) is amended
as follows.

(2) 5In the heading, after “interim RSHO” there is inserted “etc”.

(3) In subsection (2), after “an order made under” there is inserted “section 122A
or 122E or”.

79 (1) Section 8 of that Act (effect of conviction etc under section 7 of that Act or
section 128 of the Sexual Offences Act 2003) is amended as follows.

(2) 10In the heading, after “or section” there is inserted “122H or”.

(3) In subsection (1)(a), for the words after “an offence under section 7 above”
there is substituted “, section 122H of the 2003 Act (breach of sexual risk
order or interim sexual risk order in England and Wales) or section 128 of
that Act (breach of risk of sexual harm order or interim risk of sexual harm
15order in Northern Ireland)”.

(4) In subsection (1)(b), after “an offence under section” there is inserted “122H
or”.

(5) In the definition of “relevant order” in subsection (5)—

(a) in paragraph (a), for “section 123” there is substituted “an order
20under section 122A or section 123”;

(b) in paragraph (b), after “a breach of” there is inserted “a sexual risk
order under section 122A of the 2003 Act or”;

(c) for paragraphs (c) and (d) there is substituted—

“(c) where the conviction or finding referred to in
25subsection (1)(a), (c) or (d) above is in respect of a
breach of an interim risk of sexual harm order under
section 5 above or an interim order under section
122E or 126 of the 2003 Act—

(i) any risk of sexual harm order or sexual risk
30order made upon the application to which the
interim order relates; or

(ii) if no risk of sexual harm order or sexual risk
order has been made, the interim order;

(d) where the caution referred to in subsection (1)(b)
35above is in respect of a breach of an interim order
under section 122E or 126 of the 2003 Act—

(i) any order under section 122A or 123 of that
Act made upon the application to which the
interim order relates; or

(ii) 40if no order under section 122A or 123 of that
Act has been made, the interim order.”

Violent Crime Reduction Act 2006 (c. 38)2006 (c. 38)

80 In section 56 of the Violent Crime Reduction Act 2006 (cross-border
provisions relating to sexual offences), subsection (2) is repealed.

Part 3 Amendments relating to Part 11

House of Commons Disqualification Act 1975 (c. 24)1975 (c. 24)

81 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.”

Police Pensions Act 1976 (c. 35)1976 (c. 35)

82 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);”.

83 (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”.

Police Act 1996 (c. 16)1996 (c. 16)

84 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.

85 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.

86 In section 105 of that Act (extent), in subsection (3), for “sections 61 and 62”
there is substituted “Part 3A”.

Police Act 1997 (c. 50)1997 (c. 50)

87 30In section 137 of the Police Act 1997 (extent), in subsection (2) (provisions
extending to England and Wales only), after “sections” in paragraph (e)
there is inserted “125(1A),”.

Police (Northern Ireland) Act 2000 (c. 32)2000 (c. 32)

88 In section 49 of the Police (Northern Ireland) Act 2000 (severance
35arrangements), 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
by virtue of this section.”

Freedom of Information Act 2000 (c. 36)2000 (c. 36)

89 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
5authorities), the following entries are inserted at the appropriate places—

“The College of Policing.”

“The Police Remuneration Review Body.”

Police Reform Act 2002 (c. 30)2002 (c. 30)

90 (1) Section 29 of the Police Reform Act 2002 (interpretation of Part 2) is amended
10as follows.

(2) In subsection (1), in the definition of “serving with the police”, for “12(7)”
there is substituted “12(7) to (10)”.

(3) In subsection (1A), for “12(7)” there is substituted “12(7) to (10)”.

91 In section 39 (police powers for contracted-out staff), subsections (9) to (11)
15are repealed.

92 (1) Schedule 3 to that Act (handling of complaints and conduct matters etc) is
amended 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
20agreement with the Commission, or”.

(3) In paragraph 20A(4), at the end there is inserted “, but this is subject to
paragraph 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) 25at the end there is inserted “, except so far as—

“(a) regulations made by virtue of sub-paragraph (3) provide
otherwise, or

(b) the Commission is prevented from doing so by paragraph
19ZD (restriction on disclosure of sensitive information).”

(5) 30In paragraph 20H(5)—

(a) the words from the beginning to “sub-paragraph (4),” are omitted;

(b) at the end there is inserted “, except so far as—

“(a) regulations made by virtue of sub-paragraph (4) provide
otherwise, or

(b) 35the Commission is prevented from doing so by paragraph
19ZD (restriction on disclosure of sensitive information).”

(6) In paragraph 23(12)—

(a) the words from the beginning to “sub-paragraph (11),” are omitted;

(b) at the end there is inserted “, except so far as—

“(a) 40regulations made by virtue of sub-paragraph (11) provide
otherwise, or

(b) the Commission is prevented from doing so by paragraph
19ZD (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) 5in sub-paragraph (1), for “If” there is substituted “This paragraph
applies where”;

(b) the words in that sub-paragraph from “it shall make” to the end are
omitted;

(c) sub-paragraph (2) is repealed.

(9) 10In paragraph 27—

(a) in the heading, after “disciplinary proceedings” there is inserted
“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
15“or (c)”.

Equality Act 2010 (c. 15)2010 (c. 15)

93 In 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—

20“The College of Policing.”

Police Reform and Social Responsibility Act 2011 (c. 13)2011 (c. 13)

94 In 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 129
25of the Anti-social Behaviour, Crime and Policing Act 2013;

(f) any grants which the elected local policing body is to make
under that section, and the conditions (if any) subject to
which any such grants are to be made.”

95 Section 9 of that Act (crime and disorder reduction grants) is repealed.

96 30In Schedule 2 to that Act (chief constables), paragraph 7(3) is repealed.

97 In Schedule 4 to that Act (Commissioner of Police of the Metropolis),
paragraph 4(3) is repealed.

Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications)
Order 2013 (S.I. 2013/602S.I. 2013/602)

98 35In article 14 of the Police and Fire Reform (Scotland) Act 2012 (Consequential
Provisions and Modifications) Order 2013 (pensions: special constables and
police cadets), in paragraph (2), for “the Police Negotiating Board for the
United Kingdom” there is substituted “the Police Negotiating Board for
Scotland”.

Repeal or revocation of spent provisions etc

99 The following provisions are repealed or revoked—

Part 4 Amendments relating to Part 12

Extradition Act 2003 (c. 41)Extradition Act 2003 (c. 41)

100 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”.

101 (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”.

(3) In subsection (1) the words “11 or” are omitted.

102 In section 26 of that Act (appeal against extradition order: category 1
territory), in subsection (4), for “Notice of an appeal” there is substituted
15“Notice of application for leave to appeal”.

103 In section 28 of that Act (appeal against discharge at extradition hearing:
category 1 territory), in subsection (5), for “Notice of an appeal” there is
substituted “Notice of application for leave to appeal”.

104 In section 35 of that Act (extradition where there is no appeal), after
20subsection (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”),
that paragraph has effect as if it referred instead to the postponed
25date.”

105 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
the earliest day on which, by reason of an order under section 36A or
3036B, the extradition order may be carried out (“the postponed date”),
that paragraph has effect as if it referred instead to the postponed
date.”

106 In section 66 of that Act (supplementary provision for the purposes of
sections 64 and 65), in subsection (1), for “(2)” there is substituted “(1A)”.

107 35In 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”.

108 In section 105 of that Act (appeal against discharge at extradition hearing:
category 2 territory), in subsection (5), for “Notice of an appeal” there is
40substituted “Notice of application for leave to appeal”.

109 (1) Section 108 of that Act (appeal against extradition order: category 2 territory)
is amended as follows.

(2) In subsection (4), for the words before “is 14 days” there is substituted
“Notice of application for leave to appeal under this section must be given—

“(a) in accordance with rules of court, and

(a) subject to subsections (5) and (7A), before the end of the
5permitted period, which”.

(3) In subsection (5)—

(a) for “But notice of an appeal” there is substituted “Notice of
application for leave to appeal”

(b) after “if it is an” there is inserted “application for leave to”.

(4) 10In subsection (6), for the words before “before the person is extradited” there
is substituted “Notice of application for leave to appeal on human rights
grounds given after the end of the permitted period must be given”.

(5) In subsection (7)—

(a) for “notice of an appeal” there is substituted “notice of application for
15leave to appeal”;

(b) for “consider the appeal” there is substituted “grant leave”;

(c) for “to consider the appeal” there is substituted “for the appeal to be
heard”.

(6) In subsection (8), for ““appeal on human rights grounds” means an appeal”
20there is substituted ““to appeal on human rights grounds” means to appeal”.

110 In section 110 of that Act (appeal against discharge by Secretary of State), in
subsection (5), for “Notice of an appeal” there is substituted “Notice of
application for leave to appeal”.

111 In section 117 of that Act (extradition where there is no appeal), in subsection
25(2), for the words after “28 days” there is substituted “starting with—

“the day on which the Secretary of State makes the extradition
order, or

(c) if an order is made under section 118A or 118B, the earliest
day on which the extradition order may be carried out.”

112 30In section 118 of that Act (extradition following appeal), after subsection (2)
there is inserted—

“(2A) But 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
35postponed date”), the required period is 28 days beginning with the
postponed date.”

113 In section 137 (definition of extradition offence for the purposes of Part 2 of
the Act: person not sentenced for offence) subsection (9) is repealed.

114 In section 138 (definition of extradition offence for the purposes of Part 2 of
40the Act: person sentenced for offence) subsection (9) is repealed.

115 (1) Section 197 of that Act (custody) is amended as follows.

(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.”