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| |
| |
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| |
34 | Page 94, line 36, leave out “failure to comply” and insert “divergence from the |
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| |
35 | Page 94, line 41, at end insert— |
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| “( ) | If the person to whom the notice required by subsection (6) is to be given |
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| has agreed, it may be sent to him by email or by facsimile transmission at |
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| the address or number notified by him for the purpose to the |
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| Commissioner (and a notice so sent is “in writing” for the purposes of that |
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| |
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36 | Page 103, line 23, at end insert— |
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| | “but paragraph (b) does not include an act which is actionable on the |
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| ground only that it induces another person to break a contract with B.” |
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37 | Page 104, line 14, after “in” insert “, or who provides financial assistance to,” |
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38 | Page 104, line 22, after “in” insert “, or who provides financial assistance to,” |
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39 | Insert the following new Clause— |
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| | “Disclosure of information about insurance status of vehicles |
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| (1) | The Secretary of State may by regulations make provision for and in |
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| connection with requiring MIIC to make available relevant vehicle |
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| insurance information to PITO for it to process with a view to making the |
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| processed information available for use by constables. |
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| (2) | “Relevant vehicle insurance information” means information relating to |
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| vehicles the use of which has been (but no longer is) insured under a policy |
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| of insurance, or security in respect of third party risks, complying with the |
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| requirements of Part 6 of the Road Traffic Act 1988 (c. 52). |
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| (3) | The regulations may in particular— |
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| (a) | require all relevant vehicle insurance information or any particular |
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| description of such information to be made available to PITO, |
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| (b) | determine the purposes for which information processed from such |
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| information by PITO may be made available for use by constables, |
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| |
| (c) | determine the circumstances in which any of the processed |
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| information which has been made available for use by constables |
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| may be further disclosed by them. |
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| |
| “information” means information held in any form, |
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| “MIIC” means the Motor Insurers’ Information Centre (a company |
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| limited by guarantee and incorporated under the Companies Act |
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| 1985 (c. 6) on 8th December 1998), and |
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| “PITO” means the Police Information Technology Organisation.” |
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| |
| |
40 | Insert the following new Clause— |
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| | “Power to require specimens of breath at roadside or at hospital etc. |
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| (1) | Section 6D of the Road Traffic Act 1988 (c. 52) (preliminary tests for drink |
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| and drugs: arrest) is amended as follows. |
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| (2) | After subsection (1) insert— |
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| “(1A) | The fact that specimens of breath have been provided under section |
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| 7 of this Act by the person concerned does not prevent subsection |
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| (1) above having effect if the constable who imposed on him the |
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| requirement to provide the specimens has reasonable cause to |
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| believe that the device used to analyse the specimens has not |
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| produced a reliable indication of the proportion of alcohol in the |
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| |
| (3) | After subsection (2) insert— |
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| “(2A) | A person arrested under this section may, instead of being taken to |
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| a police station, be detained at or near the place where the |
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| preliminary test was, or would have been, administered, with a |
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| view to imposing on him there a requirement under section 7 of this |
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| |
| (4) | Section 7 of that Act (provision of specimens for analysis) is amended as |
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| |
| (5) | For subsection (2) substitute— |
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| “(2) | A requirement under this section to provide specimens of breath |
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| |
| |
| |
| (c) | at or near a place where a relevant breath test has been |
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| administered to the person concerned or would have been |
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| so administered but for his failure to co-operate with it. |
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| (2A) | For the purposes of this section “a relevant breath test” is a |
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| procedure involving the provision by the person concerned of a |
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| specimen of breath to be used for the purpose of obtaining an |
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| indication whether the proportion of alcohol in his breath or blood |
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| is likely to exceed the prescribed limit. |
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| (2B) | A requirement under this section to provide specimens of breath |
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| may not be made at or near a place mentioned in subsection (2)(c) |
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| above unless the constable making it— |
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| |
| (b) | has imposed a requirement on the person concerned to co- |
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| operate with a relevant breath test in circumstances in |
|
| which section 6(5) of this Act applies. |
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| (2C) | Where a constable has imposed a requirement on the person |
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| concerned to co-operate with a relevant breath test at any place, he |
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| is entitled to remain at or near that place in order to impose on him |
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| there a requirement under this section. |
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|
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| |
| |
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| (2D) | If a requirement under subsection (1)(a) above has been made at a |
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| place other than at a police station, such a requirement may |
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| subsequently be made at a police station if (but only if)— |
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| (a) | a device or a reliable device of the type mentioned in |
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| subsection (1)(a) above was not available at that place or it |
|
| was for any other reason not practicable to use such a device |
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| |
| (b) | the constable who made the previous requirement has |
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| reasonable cause to believe that the device used there has |
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| not produced a reliable indication of the proportion of |
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| alcohol in the breath of the person concerned.” |
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| (6) | In subsection (3) (circumstances in which requirement to provide a |
|
| specimen of blood or urine may be made)— |
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| (a) | in paragraph (b) (breath-testing device not available etc.) insert at |
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| the beginning “specimens of breath have not been provided |
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| |
| (b) | in paragraph (bb) (police station breath-testing device has not |
|
| provided a reliable indication of alcohol level) for “at the police |
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| station” substitute “(at the police station or elsewhere)”. |
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| (7) | In section 8 of that Act (choice of specimens of breath) after subsection (2) |
|
| |
| “(2A) | If the person who makes a claim under subsection (2) above was |
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| required to provide specimens of breath under section 7 of this Act |
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| at or near a place mentioned in subsection (2)(c) of that section, a |
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| constable may arrest him without warrant.” |
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| (8) | In section 9(1) of that Act (protection for hospital patients) for “for a |
|
| laboratory test” substitute “under section 7 of this Act”. |
|
| (9) | Section 10 of that Act (detention of persons affected by alcohol or a drug) is |
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| |
| (10) | In subsection (1) (detention at a police station)— |
|
| (a) | for “until it appears to the constable” substitute “(or, if the specimen |
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| was provided otherwise than at a police station, arrested and taken |
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| to and detained at a police station) if a constable has reasonable |
|
| grounds for believing”, and |
|
| (b) | for “not be committing” substitute “commit”. |
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| (11) | In subsection (2) (grounds for detention) for “A person shall not be |
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| detained in pursuance of this section if it appears to a” substitute |
|
| “Subsection (1) above does not apply to the person if it ought reasonably to |
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| |
| (12) | After that subsection insert— |
|
| “(2A) | A person who is at a hospital as a patient shall not be arrested and |
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| taken from there to a police station in pursuance of this section if it |
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| would be prejudicial to his proper care and treatment as a patient.”” |
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|
41 | Page 126, line 41, at end insert— |
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| “( ) | any order under section 50;” |
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|
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| |
| |
42 | Page 127, line 19, at end insert— |
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| “( ) | any order under section 50;” |
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|
43 | Page 129, line 12, at end insert— |
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|
|
44 | Page 129, line 33, after “sections” insert “113(6A) (and section 113(6) so far as relates |
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| |
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45 | Page 131, line 5, leave out “149,” and insert “(Disclosure of information about |
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| insurance status of vehicles),” |
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46 | Page 131, line 15, leave out “71” and insert “(Proceedings under section 71: exclusion |
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| |
47 | Page 131, line 29, at end insert— |
|
| “( ) | section (Power to require specimens of breath at roadside or at hospital |
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| |
|
48 | Page 149, leave out lines 32 to 38 and insert— |
|
| “ | In section 17 of the Sex Discrimination Act 1975 (police), in subsection |
|
| |
49 | Page 151, leave out lines 6 to 11 |
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50 | Page 151, leave out lines 26 to 32 and insert— |
|
| “ | In Article 85 (other police bodies), for paragraph (6) substitute—” |
|
51 | Page 152, line 14, at end insert— |
|
| “Road Traffic Regulation Act 1984 (c. 27) |
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| (1) | Section 87 of the Road Traffic Regulation Act 1984 (exemption of fire, |
|
| ambulance and police vehicles from speed limits) is amended as follows. |
|
| (2) | The existing text of that section is to be subsection (1). |
|
| (3) | After that subsection add— |
|
| “(2) | Subsection (1) above applies in relation to a vehicle being used— |
|
| (a) | for Serious Organised Crime Agency purposes, or |
|
| (b) | for training persons to drive vehicles for use for Serious |
|
| Organised Crime Agency purposes, |
|
| | as it applies in relation to a vehicle being used for police |
|
| |
|
|
| |
| |
|
| (3) | But (except where it is being used for training the person by |
|
| whom it is being driven) subsection (1) above does not apply in |
|
| relation to a vehicle by virtue of subsection (2) above unless it is |
|
| being driven by a person who has been trained in driving |
|
| vehicles at high speeds.”” |
|
52 | Page 152, leave out lines 25 to 32 and insert— |
|
| “47 | In section 3(3) of the Prosecution of Offences Act 1985 (functions of |
|
| Director of Public Prosecutions), in the definition of “police force”, omit |
|
| “, the National Crime Squad”.” |
|
53 | Page 155, leave out lines 1 to 5 |
|
54 | Page 155, leave out lines 17 to 21 |
|
55 | Page 160, line 34, leave out from beginning to end of line 1 on page 161 and insert— |
|
| “ | In Article 72B (other police bodies), for paragraph (6) substitute—” |
|
56 | Page 162, leave out lines 16 to 22 and insert— |
|
| “ | In Article 94A (other police bodies), for paragraph (6) substitute—” |
|
|
57 | Page 178, line 46, leave out “267(8B)” and insert “266(8B)” |
|
|
58 | Page 179, line 38, at end insert— |
|
| “Unlawful Drilling Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 1) |
|
| | In section 2 of the Unlawful Drilling Act 1819 (power to disperse |
|
| unlawful meeting), omit “, or for any other person acting in their aid or |
|
| |
| Vagrancy Act 1824 (c. 83) |
|
| | Section 6 of the Vagrancy Act 1824 (power to apprehend) shall cease to |
|
| |
| Railway Regulation Act 1842 (c. 55) |
|
| | Section 17 of the Railway Regulation Act 1842 (punishment of persons |
|
| guilty of misconduct) shall cease to have effect. |
|
| Companies Clauses Consolidation Act 1845 (c. 16) |
|
| | In section 156 of the Companies Clauses Consolidation Act 1845 |
|
| (transient offenders), omit “, and all persons called by him to his |
|
| |
| Railways Clauses Consolidation Act 1845 (c. 20) |
|
| (1) | The Railways Clauses Consolidation Act 1845 is amended as follows. |
|
| (2) | Section 104 (detention of offenders) shall cease to have effect. |
|
|
|
| |
| |
|
| (3) | Section 154 (transient offenders) shall cease to have effect. |
|
| Licensing Act 1872 (c. 94) |
|
| | In section 12 of the Licensing Act 1872 (penalty on persons found drunk), |
|
| omit “may be apprehended, and”.” |
|
59 | Page 179, line 41, at end insert— |
|
| “London County Council (General Powers) Act 1894 (c. ccxii) |
|
| | In section 7 of the London County Council (General Powers) Act 1894 |
|
| (arrest for breach of byelaws), omit “and any person called to the |
|
| assistance of such constable or person authorised”. |
|
| London County Council (General Powers) Act 1900 (c. cclxviii) |
|
| | In section 27 of the London County Council (General Powers) Act 1900 |
|
| (arrest for breach of byelaws), omit “and any person called to the |
|
| assistance of such constable or officer”. |
|
| Licensing Act 1902 (c. 28) |
|
| (1) | The Licensing Act 1902 is amended as follows. |
|
| (2) | In section 1 (apprehension of persons found drunk), omit “apprehended |
|
| |
| (3) | In section 2 (being drunk in charge of a child), in subsection (1), omit |
|
| “may be apprehended, and”.” |
|
60 | Page 180, line 11, at end insert— |
|
| “Criminal Justice Act 1967 (c. 80) |
|
| | In section 91 of the Criminal Justice Act 1967 (drunkenness in a public |
|
| place), in subsection (1), omit “may be arrested without warrant by any |
|
| |
| Ministry of Housing and Local Government Provisional Order Confirmation (Greater |
|
| London Parks and Open Spaces) Act 1967 (c. xxix) |
|
| | In Article 19 (power of detention) of the Order set out in the Schedule to |
|
| the Ministry of Housing and Local Government Provisional Order |
|
| Confirmation (Greater London Parks and Open Spaces) Act 1967, omit |
|
| “and any person called to the assistance of such constable or officer”.” |
|
61 | Page 182, line 13, at end insert— |
|
| “Transport and Works Act 1992 (c. 42) |
|
| | In section 30 of the Transport and Works Act 1992 (powers of arrest and |
|
| entry), omit subsections (1) and (3).” |
|
|