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83 Assaults on foreign officers | |
(1) For the purposes of section 89 of the Police Act 1996 (c. 16) (assaults on | |
constables) any person who is carrying out surveillance in England and Wales | |
under section 76A of the Regulation of Investigatory Powers Act 2000 (c. 23) is | |
to be treated as if he were acting as a constable in the execution of his duty. | 5 |
(2) For the purposes of section 41 of the Police (Scotland) Act 1967 (c. 77) (assaults | |
on constables) any person who is carrying out surveillance in Scotland under | |
section 76A of that Act of 2000 is to be so treated. | |
(3) For the purposes of section 66 of the Police (Northern Ireland) Act 1998 (c. 32) | |
(assaults on constables) any person who is carrying out surveillance in | 10 |
Northern Ireland under section 76A of that Act of 2000 is to be so treated. | |
84 Liability in respect of foreign officers | |
(1) Section 42 of the Police Act 1997 (liability of Director General of NCIS for | |
wrongful acts of constables etc.) is amended as follows. | |
(2) After subsection (5A) there is inserted— | 15 |
“(5AA) This section shall have effect where a person is carrying out | |
surveillance under section 76A of the Regulation of Investigatory | |
Powers Act 2000 (foreign surveillance operations) as if— | |
(a) any unlawful conduct by that person in the course of carrying | |
out the surveillance were unlawful conduct of a constable in the | 20 |
performance of his functions under the direction and control of | |
the Director General of NCIS; and | |
(b) subsection (4) applied to the person carrying out the | |
surveillance.” | |
(3) Where— | 25 |
(a) a sum is paid by virtue of this section out of the NCIS service fund, and | |
(b) the Secretary of State receives under any international agreement a sum | |
by way of reimbursement (in whole or in part) of the sum paid out of | |
that fund, | |
he must pay into that fund the sum received by him by way of reimbursement. | 30 |
Extradition | |
85 Schengen-building provisions of the 1996 Extradition Convention | |
(1) This section applies where a state is a party to the 1996 Extradition Convention, | |
but only in respect of particular provisions (“the relevant provisions”). | |
(2) The 1996 Extradition Convention is the Convention drawn up on the basis of | 35 |
Article K.3 of the Treaty on European Union relating to Extradition between | |
the Member States of the European Union and opened for signature on 27th | |
September 1996. | |
(3) Her Majesty may by Order in Council provide that the Extradition Act 1989 | |
(c. 33) is to apply, subject to specified modifications, between— | 40 |
(a) the United Kingdom, and | |
(b) the state, | |
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as if the relevant provisions were general extradition arrangements (within the | |
meaning of that Act) made between the United Kingdom and the state. | |
(4) “Specified” means specified in the Order in Council. | |
(5) A statutory instrument containing the Order in Council is subject to annulment | |
in pursuance of a resolution of either House of Parliament. | 5 |
(6) The Order in Council may include supplementary, incidental, saving or | |
transitional provisions. | |
86 States in relation to which 1995 and 1996 Extradition Conventions not in force | |
(1) Her Majesty may by Order in Council provide that Schedule 1A to the | |
Extradition Act 1989 (c. 33) is to apply in relation to a specified state as if— | 10 |
(a) the state were a party to the 1995 Convention and a party to the 1996 | |
Convention (within the meaning of that Act), and | |
(b) the state had made a declaration under a specified provision of either | |
Convention. | |
(2) “Specified” means specified in the Order in Council. | 15 |
(3) A statutory instrument containing the Order in Council is subject to annulment | |
in pursuance of a resolution of either House of Parliament. | |
(4) The Order in Council may include supplementary, incidental, saving or | |
transitional provisions. | |
False monetary instruments | 20 |
87 False monetary instruments: England and Wales and Northern Ireland | |
(1) Section 5 of the Forgery and Counterfeiting Act 1981 (c. 45) (offences relating | |
to money orders, share certificates, passports, etc.) is amended as follows. | |
(2) In subsection (5)— | |
(a) in paragraph (g), at the end there is inserted “and other bills of | 25 |
exchange”, | |
(b) after paragraph (h) there is inserted— | |
“(ha) bankers’ drafts; | |
(hb) promissory notes;”, | |
(c) after paragraph (j) there is inserted— | 30 |
“(ja) debit cards;”. | |
(3) After subsection (6) there is inserted— | |
“(7) An instrument is also an instrument to which this section applies if it is | |
a monetary instrument specified for the purposes of this section by an | |
order made by the Secretary of State. | 35 |
(8) The power under subsection (7) above is exercisable by statutory | |
instrument subject to annulment in pursuance of a resolution of either | |
House of Parliament.” | |
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88 False monetary instruments: Scotland | |
After section 46 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) | |
there is inserted— | |
“False monetary instruments | |
46A False monetary instruments | 5 |
(1) A person who counterfeits or falsifies a specified monetary instrument | |
with the intention that it be uttered as genuine is guilty of an offence. | |
(2) A person who has in his custody or under his control, without lawful | |
authority or excuse— | |
(a) anything which is, and which he knows or believes to be, a | 10 |
counterfeited or falsified specified monetary instrument; or | |
(b) any machine, implement or computer programme, or any paper | |
or other material, which to his knowledge is specially designed | |
or adapted for the making of a specified monetary instrument, | |
is guilty of an offence. | 15 |
(3) For the purposes of subsections (1) and (2)(a) above, it is immaterial | |
that the specified monetary instrument (or purported specified | |
monetary instrument) is not in a fit state to be uttered or that the | |
counterfeiting or falsifying of it has not been finished or perfected. | |
(4) A person guilty of an offence under this section is liable on summary | 20 |
conviction— | |
(a) to a fine not exceeding the statutory maximum; | |
(b) to imprisonment for a term not exceeding six months; or | |
(c) both to a fine and to such imprisonment. | |
(5) A person guilty of an offence— | 25 |
(a) under subsection (1) above is liable on conviction on | |
indictment— | |
(i) to a fine; | |
(ii) to imprisonment for a term not exceeding ten years; or | |
(iii) both to a fine and to such imprisonment; | 30 |
(b) under subsection (2) above is liable on conviction on | |
indictment— | |
(i) to a fine; | |
(ii) if it is proved that the offence was committed with the | |
intention that the specified monetary instrument in | 35 |
question be uttered (or as the case may be that a | |
specified monetary instrument be uttered), to | |
imprisonment for a term not exceeding ten years and if | |
it is not so proved, to imprisonment for a term not | |
exceeding two years; or | 40 |
(iii) both to a fine and to imprisonment for a term not | |
exceeding ten years, if it is proved as mentioned in sub- | |
paragraph (ii) above, or both to a fine and to | |
imprisonment for a term not exceeding two years if it is | |
not so proved. | 45 |
(6) Where an offence under this section which has been committed— | |
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(a) by a body corporate is proved to have been committed with the | |
consent or connivance of, or to be attributable to any neglect on | |
the part of, a director, manager, secretary or other similar officer | |
of that body; or | |
(b) by a Scottish partnership is proved to have been committed | 5 |
with the consent or connivance of, or to be attributable to any | |
neglect on the part of, a member of that partnership, | |
or by any person who was purporting to act in any such capacity, he as | |
well as the body corporate, or as the case may be the partnership, is | |
guilty of that offence and is liable to be proceeded against and punished | 10 |
accordingly. | |
(7) Where the affairs of a body corporate are managed by its members, | |
subsection (6) above applies in relation to the actings and defaults of a | |
member in connection with his functions of management as if he were | |
a director of the body corporate. | 15 |
(8) In subsections (1) to (5) above, “specified” means for the time being | |
specified for the purposes of this section, by order made by the Scottish | |
Ministers. | |
(9) The power to make an order under subsection (8) above— | |
(a) includes power to make such incidental, supplemental, | 20 |
transitional or transitory provision as the Scottish Ministers | |
think necessary or expedient; and | |
(b) is exercisable by statutory instrument. | |
(10) A statutory instrument containing such an order is subject to | |
annulment in pursuance of a resolution of the Scottish Parliament.” | 25 |
Freezing of terrorist property | |
89 Freezing of terrorist property | |
Schedule 4 is to have effect. | |
Part 5 | |
Final provisions | 30 |
Chapter 1 | |
Amendments and repeals | |
90 Amendments and repeals | |
(1) Schedule 5 (minor and consequential amendments) is to have effect. | |
(2) The enactments set out in Schedule 6 are repealed to the extent specified. | 35 |
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Chapter 2 | |
Miscellaneous | |
91 Northern Ireland | |
An Order in Council under paragraph 1(1) of the Schedule to the Northern | |
Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of | 5 |
devolved government) which contains a statement that it is made only for | |
purposes corresponding to those of Chapter 2 of Part 3 of this Act— | |
(a) is not to be subject to paragraph 2 of that Schedule (affirmative | |
resolution of both Houses of Parliament), but | |
(b) is to be subject to annulment in pursuance of a resolution of either | 10 |
House of Parliament. | |
92 Supplementary and consequential provision | |
(1) The appropriate Minister may by order made by statutory instrument make— | |
(a) any supplementary, incidental or consequential provision, | |
(b) any transitory, transitional or saving provision, | 15 |
which he considers necessary or expedient for the purposes of, in consequence | |
of or for giving full effect to any provision of this Act. | |
(2) The appropriate Minister means— | |
(a) in relation to any provision that would, if included in an Act of the | |
Scottish Parliament, be within the legislative competence of that | 20 |
Parliament, the Scottish Ministers, | |
(b) in relation to any other provision, the Secretary of State. | |
(3) The provision which may be made under subsection (1) includes provision | |
amending or repealing any enactment or instrument. | |
(4) An order under this section may make different provision for different | 25 |
purposes. | |
(5) A statutory instrument (other than an instrument to which subsection (6) | |
applies) containing an order under this section made by the Secretary of State | |
is subject to annulment in pursuance of a resolution of either House of | |
Parliament. | 30 |
(6) A statutory instrument containing such an order which adds to, replaces or | |
omits any part of the text of an Act is not to be made unless a draft of the | |
instrument has been laid before, and approved by a resolution of, each House | |
of Parliament. | |
(7) A statutory instrument (other than an instrument to which subsection (8) | 35 |
applies) containing an order under this section made by the Scottish Ministers | |
is subject to annulment in pursuance of a resolution of the Scottish Parliament. | |
(8) A statutory instrument containing such an order which adds to, replaces or | |
omits any part of the text of an Act or of an Act of the Scottish Parliament is not | |
to be made unless a draft of the instrument has been laid before, and approved | 40 |
by a resolution of, the Scottish Parliament. | |
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