SCHEDULE 10 continued PART 3 continued
Contents page 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-199 200-209 210-219 220-226 Last page
Anti-social Behaviour, Crime and Policing BillPage 220
97
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 141
5of the Anti-social Behaviour, Crime and Policing Act 2014;
(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.”
98 Section 9 of that Act (crime and disorder reduction grants) is repealed.
99 10In Schedule 2 to that Act (chief constables), paragraph 7(3) is repealed.
100
In Schedule 4 to that Act (Commissioner of Police of the Metropolis),
paragraph 4(3) is repealed.
101
15In 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”.
102 The following provisions are repealed or revoked—
| Title and reference | Extent of repeal or revocation |
|---|---|
| Police Act 1996 (c. 16) | In Schedule 7, paragraph 28. |
| Police (Northern Ireland) Act 1998 (c. 32) | Section 34. |
| Greater London Authority Act 1999 (c. 29) |
25In Schedule 27, paragraph 92(2). |
| Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999 (S.I. 1999/1319) |
In the Schedule, the entry for the Police Negotiating Board for the United Kingdom. |
| Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999 (S.I. 1999/1747) |
30In Schedule 1, the entry for the Police Negotiating Board for the United Kingdom. |
| Schedule 21. | |
| Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820) |
In Schedule 2, paragraph 124. 35 |
| Police (Northern Ireland) Act 2000 (c. 32) | In Schedule 6, paragraph 12(2). |
| Freedom of Information Act 2000 (c. 36) | In Part 6 of Schedule 1, the entry for the Police Negotiating 40Board. |
| Police Reform Act 2002 (c. 30) | In Schedule 4, in paragraph 1(2), the word “and” at the end of paragraph (ca). |
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| Title and reference | Extent of repeal or revocation |
|---|---|
| Police and Justice Act 2006 (c. 48) | In Schedule 4, paragraphs 3 and 10. |
| Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) |
In Schedule 6, paragraph 5(3) and 5(4). |
| Policing and Crime Act 2009 (c. 26) | Section 23(3). |
| Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976) |
In Schedule 3, paragraphs 5 to 7. |
| Police Reform and Social Responsibility Act 2011 (c. 13) |
10Section 24(2)(a). |
| In Schedule 16, paragraphs 30(3), 35(3) and 38. |
|
| Police and Fire Reform (Scotland) Act 2012 (asp 8) |
In Schedule 7, paragraph 13(4). 15 |
| Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/ 602) |
In Schedule 1, paragraph 5(4) to (6). |
Anti-social Behaviour, Crime and Policing BillPage 222
103
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)”.
104
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”.
105 (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.
106
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”.
107
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”.
108 In section 35 of that Act (extradition where there is no appeal), after
Anti-social Behaviour, Crime and Policing BillPage 223
subsection (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”),
5that paragraph has effect as if it referred instead to the postponed
date.”
109
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
10the 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.”
110
In section 66 of that Act (supplementary provision for the purposes of
15sections 64 and 65), in subsection (1), for “(2)” there is substituted “(1A)”.
111
In 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”.
112
In section 105 of that Act (appeal against discharge at extradition hearing:
20category 2 territory), in subsection (5), for “Notice of an appeal” there is
substituted “Notice of application for leave to appeal”.
113
(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
25“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
permitted period, which”.
(3) In subsection (5)—
(a)
30for “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)
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
35grounds 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
leave to appeal”;
(b) for “consider the appeal” there is substituted “grant leave”;
(c)
40for “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”
there is substituted ““to appeal on human rights grounds” means to appeal”.
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114
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”.
115
In section 117 of that Act (extradition where there is no appeal), in subsection
5(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.”
116
10In 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
15postponed date”), the required period is 28 days beginning with the
postponed date.”
117
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.
118
In section 138 (definition of extradition offence for the purposes of Part 2 of
20the Act: person sentenced for offence) subsection (9) is repealed.
119 (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.”
(3) 25After 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)
to keep him in custody until he is transferred in accordance
30with 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
he is brought back to the institution to which he was
35committed.”
120
(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
form in which it is intelligible and which is capable of being used for
40subsequent 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.
121
(1)
Section 216 of that Act (interpretative provisions) is amended as set out in
45sub-paragraphs (2) and (3).
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(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) After subsection (12) there is inserted—
“(12A)
5Refugee 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) 10the definition of “the Refugee Convention” in section 40(4);
(b) section 70(2A);
(c) section 153D(3).
122
In section 223 of that Act (orders and regulations), in subsection (6)(a), after
the entry for section 173(4) there is inserted—
15section 189D(4);
section 189E(1)(b);”.
123
In section 226 of that Act (extent), in subsection (2), after “Sections” there is
inserted “151B,”.
124
In Part 1 of Schedule 1 to that Act (re-extradition: category 1 territories), in
20paragraph 3, after “21(3)” there is inserted “and section 21A(5)”.
125 (1) Schedule 8 to the Terrorism Act 2000 (detention) is amended as follows.
(2)
25In 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)
the person who provided the material, or from
30whom 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)
for paragraphs (d) and (e) of the definition of “police force” there is
35substituted—
“(d) the Police Service of Scotland;
(e) the Scottish Police Authority;”;
(b)
in the second of the three definitions of “responsible chief officer of
police”, for the words after “the chief constable of” there is
40substituted “the Police Service of Scotland”.
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126
(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
substituted “the Scottish Police Authority”.
(2)
5In 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;”.