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

113 In 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
5section 118A or 118B, the extradition order may be carried out (“the
postponed date”), the required period is 28 days beginning with the
postponed date.”

114 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the Act: person not sentenced for offence) subsection (9) is repealed.

115 10In section 138 (definition of extradition offence for the purposes of Part 2 of
the Act: person sentenced for offence) subsection (9) is repealed.

116 (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
15person under section 21B.”

(3) After subsection (6) there is inserted—

“(6A) An order for a person’s temporary transfer under section 21B is
sufficient authority for an appropriate person—

(a) to receive him;

(b) 20to keep him in custody until he is transferred in accordance
with the order;

(c) to convey him to and from the territory to which he is to be
transferred;

(d) on his return from that territory, to keep him in custody until
25he is brought back to the institution to which he was
committed.”

117 (1) Section 204 of that Act (warrant issued by category 1 territory: transmission
by electronic means) is amended as follows.

(2) In subsections (1)(c) and (2)(c), for “a qualifying form” there is substituted “a
30form in which it is intelligible and which is capable of being used for
subsequent reference”.

(3) In subsection (6)—

(a) at the end of paragraph (a) there is inserted “and”;

(b) paragraph (c) and the word “and” before it are omitted.

118 (1) 35Section 216 of that Act (interpretative provisions) is amended as set out in
sub-paragraphs (2) and (3).

(2) After subsection (10) there is inserted—

“(10A) Human Rights Convention” has the meaning given to “the
Convention” by section 21(1) of the Human Rights Act 1998.”

(3) 40After subsection (12) there is inserted—

“(12A) Refugee Convention” means the Convention relating to the Status
of Refugees done at Geneva on 28 July 1951 and the Protocol to the
Convention.”

(4) The following provisions of that Act are repealed in consequence of sub-
paragraphs (2) and (3)—

(a) the definition of “the Refugee Convention” in section 40(4);

(b) section 70(2A);

(c) 5section 153D(3).

119 In section 223 of that Act (orders and regulations), in subsection (6)(a), after
the entry for section 173(4) there is inserted—

• section 189D(4);

• section 189E(1)(b);”.

120 10In Part 1 of Schedule 1 to that Act (re-extradition: category 1 territories), in
paragraph 3, after “21(3)” there is inserted “and section 21A(5)”.

Part 5 Amendments consequential on establishment of Police Service of Scotland

Terrorism Act 2000 (c. 11)2000 (c. 11)

119 (1) 15Schedule 8 to the Terrorism Act 2000 (detention) is amended as follows.

(2) In paragraph 20B(10), for paragraph (b) of the definition of “a specified chief
officer of police” there is substituted—

“(b) the chief constable of the Police Service of Scotland,
where—

(i) 20the person who provided the material, or from
whom it was taken, resides in Scotland, or

(ii) the chief constable believes that the person is in, or
is intending to come to, Scotland.”

(3) In paragraph 20J—

(a) 25for paragraphs (d) and (e) of the definition of “police force” there is
substituted—

“(d) the Police Service of Scotland;

(e) the Scottish Police Authority;”;

(b) in the second of the three definitions of “responsible chief officer of
30police”, for the words after “the chief constable of” there is
substituted “the Police Service of Scotland”.

Counter-Terrorism Act 2008 (c. 28)2008 (c. 28)

120 (1) In section 18D of the Counter-Terrorism Act 2008 (use of retained material),
in subsection (2) for “the Scottish Police Services Authority” there is
35substituted “the Scottish Police Authority”.

(2) In section 18E(1) of that Act (interpretation of sections 18 to 18E), for
paragraph (d) of the definition of “police force” there is substituted—

“(d) the Police Service of Scotland;”.