Anti-social Behaviour, Crime and Policing Bill (HL Bill 66)

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

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

“(3) Any order made by a county court on an appeal under subsection
5(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
order of the county court).”

74 (1) 10Section 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) A person who, without reasonable excuse, does anything that the
15person 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) 20an order under section 2 of the Protection of Children and
Prevention of Sexual Offences (Scotland) Act 2005 (risk of
sexual harm orders in Scotland), or

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

25commits an offence.”

75 (1) Section 129 (effect of conviction etc of an offence under section 128) is
amended 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
30or”.

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

“(5) In 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
35sexual risk order, that order;

(b) where the conviction, finding or caution within subsection (1)
is 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
40application to which the interim order relates or, if no such
order is made, the interim order.

(6) In subsection (5)—

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

Anti-social Behaviour, Crime and Policing BillPage 201

• “interim risk of sexual harm order” includes an order under
  section 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—

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

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

• ““prohibition on foreign travel” has the meaning given by
  10section 103D(2) or 122C(2);”;

• ““sexual harm prevention order” has the meaning given by
  section 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
15is substituted—

“(8) The reference in section 101 to the Crown Court is to be read as a
reference 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
20(Scotland) Act 2005 (offence: breach of RSHO or interim RSHO) is amended
as follows.

(2) In 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) 25Section 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) In 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
30order 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
order in Northern Ireland)”.

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

(5) 35In the definition of “relevant order” in subsection (5)—

(a) in paragraph (a), for “section 123” there is substituted “an order
under 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) 40for paragraphs (c) and (d) there is substituted—

“(c) where the conviction or finding referred to in
subsection (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
order made upon the application to which the
5interim 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)
above is in respect of a breach of an interim order
10under 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) if no order under section 122A or 123 of that
15Act 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 20Amendments 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.
(bodies of which all members are disqualified) at the appropriate place there
is inserted—

25“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
contributions), for paragraph (f) of subsection (2) there is substituted—

“(f) a person to whom section 100A of the Police Act 1996 applies
30(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) For paragraph (e) of subsection (1) there is substituted—

“(e) service, by a person to whom section 100A of the Police Act
351996 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) In subsection (8A), for “the Chief Executive of the body known as” there is
substituted “a member of the staff of”.

Police and Criminal Evidence Act 1984 (c. 60)1984 (c. 60)

84 (1) Schedule 2A to the Police and Criminal Evidence Act 1984 (fingerprinting
and samples: power to require attendance at police station) is amended as
follows.

(2) 5In paragraph 1 (fingerprinting: persons arrested and released)—

(a) in sub-paragraph (2), for “section 61(5A)(b)” there is substituted
“section 61(5A)(b)(i)”;

(b) after sub-paragraph (3) there is inserted—

“(4) The power under sub-paragraph (1) above may not be
10exercised in a case falling within section 61(5A)(b)(ii)
(fingerprints destroyed where investigation interrupted)
after the end of the period of six months beginning with
the day on which the investigation was resumed.”

(3) In paragraph 2 (fingerprinting: persons charged etc)—

(a) 15in sub-paragraph (2)(b), for “section 61(5B)(b)” there is substituted
“section 61(5B)(b)(i)”;

(b) at the end of sub-paragraph (2) there is inserted “, or

“(c) in a case falling within section 61(5B)(b)(ii)
(fingerprints destroyed where investigation
20interrupted), the day on which the investigation
was resumed.”

(4) In paragraph 9 (non-intimate samples: persons arrested and released)—

(a) in sub-paragraph (2), for “within section 63(3ZA)(b)” there is
substituted “within section 63(3ZA)(b)(i) or (ii)”;

(b) 25after sub-paragraph (3) there is inserted—

“(4) The power under sub-paragraph (1) above may not be
exercised in a case falling within section 63(3ZA)(b)(iii)
(sample, and any DNA profile, destroyed where
investigation interrupted) after the end of the period of six
30months beginning with the day on which the investigation
was resumed.”

(5) In paragraph 10 (non-intimate samples: persons charged etc)—

(a) in sub-paragraph (3), for “within section 63(3A)(b)” there is
substituted “within section 63(3A)(b)(i) or (ii)”;

(b) 35after sub-paragraph (4) there is inserted—

“(5) The power under sub-paragraph (1) above may not be
exercised in a case falling within section 63(3A)(b)(iii)
(sample, and any DNA profile, destroyed where
investigation interrupted) after the end of the period of six
40months beginning with the day on which the investigation
was resumed.”

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

85 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.

86 In 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.

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

5Police Act 1997 (c. 50)1997 (c. 50)

87 In 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 10In section 49 of the Police (Northern Ireland) Act 2000 (severance
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
15by 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
authorities), the following entries are inserted at the appropriate places—

“The College of Policing.”

20“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
as follows.

(2) In subsection (1), in the definition of “serving with the police”, for “12(7)”
25there 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)
are repealed.

92 (1) Schedule 3 to that Act (handling of complaints and conduct matters etc) is
30amended 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
35paragraph 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
otherwise, or

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

(5) 5In 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) 10the 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) 15regulations 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) 20In paragraph 24C—

(a) in 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) 25sub-paragraph (2) is repealed.

(9) In 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) 30in sub-paragraph (9)(a), after “sub-paragraph (1)(b)” there is inserted
“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”
35there is inserted—

“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) 40the services which are to be provided by virtue of section 131
of 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 In 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.

5Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications)
Order 2013 (S.I. 2013/602S.I. 2013/602)

98 In 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
10United 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

Prison Act (Northern Ireland) 1953 (c. 18)1953 (c. 18)

100 In section 38 of the Prison Act (Northern Ireland) 1953 (arrest, etc, of persons
5unlawfully at large), in subsection (4), for “the last foregoing sub-section”
there is substituted “subsection (2)”.

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

101 In section 11 of the Extradition Act 2003 (bars to extradition), in subsection
(1A), for “by reason of forum only” there is substituted “by reason of—

“(00)(a)10absence of prosecution decision, or

(b) forum,

only”.

102 (1) Section 21 of that Act (human rights) is amended as follows.

(2) For the heading there is substituted “Person unlawfully at large: human
15rights”.

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

103 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”.

104 20In 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”.

105 In section 35 of that Act (extradition where there is no appeal), after
subsection (4) there is inserted—

“(4A) 25If 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
date.”

106 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
536B, the extradition order may be carried out (“the postponed date”),
that paragraph has effect as if it referred instead to the postponed
date.”

107 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)”.

108 10In 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”.

109 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
15substituted “Notice of application for leave to appeal”.

110 (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) 20in accordance with rules of court, and

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

(3) In subsection (5)—

(a) for “But notice of an appeal” there is substituted “Notice of
25application for leave to appeal”

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

(4) In 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) 30In subsection (7)—

(a) for “notice of an appeal” there is substituted “notice of application for
leave 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
35heard”.

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

111 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
40application for leave to appeal”.

112 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
order, or

(c) 45if an order is made under section 118A or 118B, the earliest
day on which the extradition order may be carried out.”