(i) the prohibitions described in that order;

(ii) the date of that order;

(iii) the period for which that order has effect by virtue of
section 122E(4) of that Act;

(iv) 5details as to whether the order has been varied or
renewed under section 122E(5) of that Act;”.

54 (1) Section 113CB of that Act (suitability information relating to protected
adults) is amended as follows.

(2) After paragraph (f) of subsection (2) there is inserted—

“(fa) 10if a sexual harm prevention order, made under section 103A
of the Sexual Offences Act 2003, is in effect in respect of the
applicant—

(i) the prohibitions described in that order;

(ii) the date of that order;

(iii) 15the period for which the prohibitions have effect by
virtue of section 103C(2) or 103D(1) of that Act;

(iv) details as to whether the order has been varied or
renewed under section 103E(5) of that Act;

(fb) if an interim sexual harm prevention order, made under
20section 103F of the Sexual Offences Act 2003, is in effect in
respect of the applicant—

(i) the prohibitions described in that order;

(ii) the date of that order;

(iii) the period for which that order has effect by virtue of
25section 103F(4) of that Act;

(iv) details as to whether the order has been varied or
renewed under section 103F(5) of that Act;”.

(3) After paragraph (i) of that subsection there is inserted—

“(ia) if a sexual risk order, made under section 122A of the Sexual
30Offences Act 2003, is in effect in respect of the applicant—

(i) the prohibitions described in that order;

(ii) the date of that order;

(iii) the period for which the prohibitions have effect by
virtue of section 122A(7) or 122C(1) of that Act;

(iv) 35details as to whether the order has been varied or
renewed under section 122D(4) of that Act;

(ib) if an interim sexual risk order, made under section 122E of
the Sexual Offences Act 2003, is in effect in respect of the
applicant—

(i) 40the prohibitions described in that order;

(ii) the date of that order;

(iii) the period for which that order has effect by virtue of
section 122E(4) of that Act;

(iv) details as to whether the order has been varied or
45renewed under section 122E(5) of that Act;”.

Crime and Disorder Act 1998 (c. 37)1998 (c. 37)

55 (1) Section 8 of the Crime and Disorder Act 1998 (parenting orders) is amended
as follows.

(2) For “sexual offences prevention order” there is substituted “sexual harm
5prevention order”—

(a) in subsection (1)(b);

(b) in subsection (6)(a).

(3) For subsection (9) there is substituted—

“(9) In this section “sexual harm prevention order” means an order under
10section 103A of the Sexual Offences Act 2003 (sexual harm
prevention orders).”

Sexual Offences Act 2003 (c. 42)2003 (c. 42)

56 In section 88 of the Sexual Offences Act 2003 (section 87: interpretation), in
subsection (4)(c), after “interim notification order,” there is inserted “sexual
15harm prevention order, interim sexual harm prevention order,”.

57 In section 89 of that Act (young offenders: parental directions), in the Table
in subsection (1), after “interim notification order,” there is inserted “sexual
harm prevention order, interim sexual harm prevention order,”.

58 In section 91A of that Act (review of indefinite notification requirements:
20qualifying young offender), in subsection (2)(b), after “not subject to” there
is inserted “a sexual harm prevention order under section 103A, an interim
sexual harm prevention order under section 103F,”.

59 In the cross-heading before section 104 of that Act (sexual offences
prevention orders: application and grounds), after “orders” there is inserted
25“(Scotland and Northern Ireland)”.

60 In section 108 of that Act (SOPOs: variations, renewals and discharges), in
subsection (8)(b) the words “2 or” and “England and Wales or” are omitted.

61 In section 109 of that Act (interim SOPOs), in subsection (7)(a) the words “2A
or” and “England and Wales or” are omitted.

62 (1) 30Section 110 of that Act (SOPO and interim SOPOs: appeals) is amended as
follows.

(2) For the heading there is substituted “Appeals in relation to SOPOs and
interim SOPOs: Northern Ireland”.

(3) In subsections (1)(c), (2) and (3)(b), for “the Crown Court” there is
35substituted “a county court”.

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

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

“(5) Any order made by a county court on an appeal under subsection
40(1)(c) or (2) (other than an order directing that an application be re-
heard by a court of summary jurisdiction) is for the purposes of
section 108(7) or 109(6) (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).”

63 (1) Section 113 of that Act (offence: breach of SOPO or interim SOPO) is
amended as follows.

(2) 5In the heading, at the end there is inserted “etc”.

(3) In subsection (1), in paragraph (d) the words “2, 2A or” and “in England and
Wales and” are omitted.

(4) After that subsection there is inserted—

“(1ZA) A person commits an offence if, without reasonable excuse, he
10contravenes a prohibition imposed by—

(a) a sexual harm prevention order, or

(b) an interim sexual harm prevention order,

other than a prohibition on foreign travel.”

64 In the cross-heading before section 114 of that Act (foreign travel orders:
15applications and grounds), after “orders” there is inserted “(Scotland and
Northern Ireland)”.

65 (1) Section 117A of that Act (foreign travel orders: surrender of passports) is
amended as follows.

(2) For the heading there is substituted “Surrender of passports: Northern
20Ireland”.

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

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

66 25In 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) Section 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
30orders: Northern Ireland”.

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

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

(5) 35For 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
by 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
40appeal 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) In subsection (1)—

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

“(a) he”;

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

“(b) 5he contravenes a prohibition on foreign travel
imposed 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) 10Section 123 of that Act (risk of sexual harm orders: application, grounds and
effect) 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) 15for “a magistrates’ court” there is substituted “a court of summary
jurisdiction”;

(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
20Constable”.

(3) Subsection (2) is repealed.

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

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

“(b) 25the Chief Constable of the Police Service of Northern
Ireland.”

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

(4) 30In 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) In subsection (7), for paragraphs (b) and (c) there is substituted—

“(b) a court of summary jurisdiction for the petty sessions district
35which 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
jurisdiction.”

72 In section 126 (interim RSHOs), in subsection (2)(b), for “the person who has
40made 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) In 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) 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 215

• “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.

Armed Forces Act 2006 (c. 52)2006 (c. 52)

81 20In Schedule 3A to the Armed Forces Act 2006 (Court Martial sentencing
powers where election for trial by that court instead of CO), paragraph 13(2)
and (3) (service sexual offences prevention orders) is repealed.

Armed Forces Act 2011 (c. 18)2011 (c. 18)

82 (1) Section 17 of the Armed Forces Act 2011 (service sexual offences prevention
25orders) is repealed.

(2) In Schedule 4 to that Act (consequential amendments), paragraph 3(3) is
repealed.

Part 3 Amendments relating to Part 11

30House of Commons Disqualification Act 1975 (c. 24)1975 (c. 24)

83 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—

“The Police Remuneration Review Body.”

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

84 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
(senior police officer appointed as member of staff of College
40of Policing);”.

85 (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
1996 applies, as a member of the staff of the College of
5Policing;”.

(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)

86 (1) 10Schedule 2A to the Police and Criminal Evidence Act 1984 (fingerprinting
and samples: power to require attendance at police station) is amended as
follows.

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

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

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

“(4) The power under sub-paragraph (1) above may not be
exercised in a case falling within section 61(5A)(b)(ii)
(fingerprints destroyed where investigation interrupted)
20after 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) in sub-paragraph (2)(b), for “section 61(5B)(b)” there is substituted
“section 61(5B)(b)(i)”;

(b) 25at 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
interrupted), the day on which the investigation
was resumed.”

(4) 30In 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) after sub-paragraph (3) there is inserted—

“(4) The power under sub-paragraph (1) above may not be
35exercised 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
months beginning with the day on which the investigation
was resumed.”

(5) 40In 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) after sub-paragraph (4) there is inserted—

“(5) The power under sub-paragraph (1) above may not be
45exercised 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
months beginning with the day on which the investigation
was resumed.”

5Police Act 1996 (c. 16)1996 (c. 16)

87 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.

88 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.

89 10In 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)

90 In section 137 of the Police Act 1997 (extent), in subsection (2) (provisions
extending to England and Wales only), after “sections” in paragraph (e)
15there is inserted “125(1A),”.

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

91 In 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
20(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)

92 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
25authorities), 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)

93 (1) Section 29 of the Police Reform Act 2002 (interpretation of Part 2) is amended
30as 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)”.

94 In section 39 (police powers for contracted-out staff), subsections (9) to (11)
35are repealed.

95 (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
agreement with the Commission, or”.

(3) In paragraph 20A(4), at the end there is inserted “, but this is subject to
5paragraph 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
10otherwise, or

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

(5) In paragraph 20H(5)—

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

(b) 15at the end there is inserted “, except so far as—

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

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

(6) 20In 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) regulations made by virtue of sub-paragraph (11) provide
otherwise, or

(b) 25the 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) in sub-paragraph (1), for “If” there is substituted “This paragraph
30applies where”;

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

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

(9) In paragraph 27—

(a) 35in 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
“or (c)”.

40Equality Act 2010 (c. 15)2010 (c. 15)

96 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—

“The College of Policing.”