|
| |
|
(3) | A person to whom this section applies may for the purposes of the inspection— |
| |
(a) | require documents to be produced; |
| |
(b) | inspect, copy or take away any document produced; |
| |
(c) | require an explanation to be given of any document produced; |
| |
(d) | require any other information to be provided. |
| 5 |
(4) | Subsection (2) does not entitle a person to whom this section applies— |
| |
(a) | to be present when a court mentioned in section 22(2)(a) is hearing |
| |
| |
(b) | to attend any private deliberations of persons having jurisdiction to |
| |
hear or determine any proceedings. |
| 10 |
(5) | A reference in subsection (3) to the production of a document includes a |
| |
reference to the production of— |
| |
(a) | a legible and intelligible copy of information recorded otherwise than |
| |
| |
(b) | information in a form from which it can readily be produced in legible |
| 15 |
| |
(6) | A person exercising the power under subsection (3) to inspect documents— |
| |
(a) | is entitled to have access to, and inspect and check the operation of, any |
| |
computer and associated apparatus or material that is or has been in |
| |
use in connection with the documents in question; |
| 20 |
| |
(i) | the person by whom or on whose behalf the computer is or has |
| |
| |
(ii) | any person having charge of, or otherwise concerned with the |
| |
operation of, the computer, apparatus or material, |
| 25 |
| to afford him such reasonable assistance as he may require. |
| |
| |
27 | Reports by Chief Inspector |
| |
(1) | The Chief Inspector shall in each year submit to the responsible ministers a |
| |
report on the discharge of his duties under this Part. |
| 30 |
(2) | The responsible ministers shall lay before Parliament a copy of— |
| |
(a) | each report submitted under subsection (1); |
| |
(b) | any other report submitted to them under this Part with a request by |
| |
the Chief Inspector that it be laid before Parliament. |
| |
(3) | The Chief Inspector shall arrange for every report submitted to the responsible |
| 35 |
ministers under this Part to be published in such manner as appears to him to |
| |
| |
(4) | The responsible ministers may— |
| |
(a) | exclude from a report laid before Parliament under this section any |
| |
material the publication of which, in their opinion, would be against the |
| 40 |
interests of national security or might jeopardise the safety of any |
| |
| |
(b) | direct the exclusion of any such material from a report published under |
| |
| |
|
| |
|
| |
|
| |
| |
Schedule 8 (further provision about the Chief Inspector) has effect. |
| |
29 | Abolition of existing inspectorates |
| |
(1) | The following are abolished— |
| 5 |
(a) | Her Majesty’s Chief Inspector of Prisons; |
| |
(b) | Her Majesty’s Inspectors of Constabulary; |
| |
(c) | Her Majesty’s Chief Inspector of the Crown Prosecution Service; |
| |
(d) | Her Majesty’s Inspectorate of the National Probation Service for |
| |
| 10 |
(e) | Her Majesty’s Inspectorate of Court Administration. |
| |
(2) | Accordingly, the following are repealed— |
| |
(a) | section 5A of the Prison Act 1952 (c. 52); |
| |
(b) | sections 54 to 56 of the Police Act 1996 (c. 16); |
| |
(c) | the Crown Prosecution Service Inspectorate Act 2000 (c. 10); |
| 15 |
(d) | sections 6 and 7 of the Criminal Justice and Court Services Act 2000 |
| |
| |
(e) | sections 58 to 61 of the Courts Act 2003 (c. 39). |
| |
30 | Transfer of staff and property etc |
| |
Schedule 9 (transfer of staff and property etc to the Chief Inspector) has effect. |
| 20 |
31 | Consequential amendments |
| |
Schedule 10 (consequential amendments) has effect. |
| |
| |
| |
“Chief Inspector” has the meaning given by section 21(2); |
| 25 |
“devolved Welsh matters” means matters in relation to which the |
| |
National Assembly for Wales has functions; |
| |
“the Lord Chief Justice” means the Lord Chief Justice of England and |
| |
| |
“responsible ministers” has the meaning given by section 22(1). |
| 30 |
(2) | In this Part “public authority” includes any person certain of whose functions |
| |
are functions of a public nature, but does not include either House of |
| |
Parliament or a person exercising functions in connection with proceedings in |
| |
| |
(3) | In relation to a particular act, a person is not a public authority by virtue of |
| 35 |
subsection (2) if the nature of the act is private. |
| |
|
| |
|
| |
|
| |
| |
| |
33 | Increased penalty etc for offence of unauthorised access to computer material |
| |
In the Computer Misuse Act 1990 (c. 18) (“the 1990 Act”), in section 1 (offence |
| 5 |
of unauthorised access to computer material), for subsection (3) there is |
| |
| |
“(3) | A person guilty of an offence under this section shall be liable— |
| |
(a) | on summary conviction in England and Wales, to |
| |
imprisonment for a term not exceeding 12 months or to a fine |
| 10 |
not exceeding the statutory maximum or to both; |
| |
(b) | on summary conviction in Scotland, to imprisonment for a term |
| |
not exceeding six months or to a fine not exceeding the statutory |
| |
| |
(c) | on conviction on indictment, to imprisonment for a term not |
| 15 |
exceeding two years or to a fine or to both.” |
| |
34 | Unauthorised acts with intent to impair operation of computer, etc |
| |
For section 3 of the 1990 Act (unauthorised modification of computer material) |
| |
| |
“3 | Unauthorised acts with intent to impair operation of computer, etc. |
| 20 |
(1) | A person is guilty of an offence if— |
| |
(a) | he does any unauthorised act in relation to a computer; and |
| |
(b) | at the time when he does the act he has the requisite intent and |
| |
| |
(2) | For the purposes of subsection (1)(b) above the requisite intent is an |
| 25 |
intent to do the act in question and by so doing— |
| |
(a) | to impair the operation of any computer, |
| |
(b) | to prevent or hinder access to any program or data held in any |
| |
| |
(c) | to impair the operation of any such program or the reliability of |
| 30 |
| |
| whether permanently or temporarily. |
| |
(3) | The intent need not be directed at— |
| |
(a) | any particular computer; |
| |
(b) | any particular program or data; or |
| 35 |
(c) | a program or data of any particular kind. |
| |
(4) | For the purposes of subsection (1)(b) above the requisite knowledge is |
| |
knowledge that the act in question is unauthorised. |
| |
| |
(a) | a reference to doing an act includes a reference to causing an act |
| 40 |
| |
|
| |
|
| |
|
(b) | “act” includes a series of acts. |
| |
(6) | A person guilty of an offence under this section shall be liable— |
| |
(a) | on summary conviction in England and Wales, to |
| |
imprisonment for a term not exceeding 12 months or to a fine |
| |
not exceeding the statutory maximum or to both; |
| 5 |
(b) | on summary conviction in Scotland, to imprisonment for a term |
| |
not exceeding six months or to a fine not exceeding the statutory |
| |
| |
(c) | on conviction on indictment, to imprisonment for a term not |
| |
exceeding ten years or to a fine or to both.” |
| 10 |
35 | Making, supplying or obtaining articles for use in computer misuse offences |
| |
After section 3 of the 1990 Act insert— |
| |
“3A | Making, supplying or obtaining articles for use in offence under |
| |
| |
(1) | A person is guilty of an offence if he makes, adapts, supplies or offers |
| 15 |
| |
(a) | knowing that it is designed or adapted for use in the course of |
| |
or in connection with an offence under section 1 or 3; or |
| |
(b) | intending it to be used to commit, or to assist in the commission |
| |
of, an offence under section 1 or 3. |
| 20 |
(2) | A person is guilty of an offence if he obtains any article with a view to |
| |
its being supplied for use to commit, or to assist in the commission of, |
| |
an offence under section 1 or 3. |
| |
(3) | In this section “article” includes any program or data held in electronic |
| |
| 25 |
(4) | A person guilty of an offence under this section shall be liable— |
| |
(a) | on summary conviction in England and Wales, to |
| |
imprisonment for a term not exceeding 12 months or to a fine |
| |
not exceeding the statutory maximum or to both; |
| |
(b) | on summary conviction in Scotland, to imprisonment for a term |
| 30 |
not exceeding six months or to a fine not exceeding the statutory |
| |
| |
(c) | on conviction on indictment, to imprisonment for a term not |
| |
exceeding two years or to a fine or to both.” |
| |
36 | Transitional and saving provision |
| 35 |
(1) | The amendments made by— |
| |
| |
(b) | paragraphs 15, 16, 17(3) and (4), 18, 19(2) and (7) and 20 of Schedule 13, |
| |
| do not apply in relation to an offence committed before that section comes into |
| |
| 40 |
(2) | An offence is not committed under the new section 3 unless every act or other |
| |
event proof of which is required for conviction of the offence takes place after |
| |
section 34 above comes into force. |
| |
|
| |
|
| |
|
(3) | In relation to a case where, by reason of subsection (2), an offence is not |
| |
committed under the new section 3— |
| |
(a) | section 3 of the 1990 Act has effect in the form in which it was enacted; |
| |
(b) | paragraphs 11, 17, 19(4) and (5) and 21 of Schedule 13 do not apply. |
| |
(4) | An offence is not committed under the new section 3A unless every act or other |
| 5 |
event proof of which is required for conviction of the offence takes place after |
| |
section 35 above comes into force. |
| |
(5) | In the case of an offence committed before section 154(1) of the Criminal Justice |
| |
Act 2003 (c. 44) comes into force, the following provisions have effect as if for |
| |
“12 months” there were substituted “six months”— |
| 10 |
(a) | paragraph (a) of the new section 1(3); |
| |
(b) | paragraph (a) of the new section 2(5); |
| |
(c) | subsection (6)(a) of the new section 3; |
| |
(d) | subsection (4)(a) of the new section 3A. |
| |
| 15 |
(a) | “the new section 1(3)” means the subsection (3) substituted in section 1 |
| |
of the 1990 Act by section 33 above; |
| |
(b) | “the new section 2(5)” means the subsection (5) substituted in section 2 |
| |
of the 1990 Act by paragraph 9 of Schedule 13 to this Act; |
| |
(c) | “the new section 3” means the section 3 substituted in the 1990 Act by |
| 20 |
| |
(d) | “the new section 3A” means the section 3A inserted in the 1990 Act by |
| |
| |
Forfeiture of indecent photographs of children |
| |
37 | Forfeiture of indecent photographs of children |
| 25 |
(1) | The Protection of Children Act 1978 (c. 37) is amended as follows. |
| |
(2) | In section 4 (entry, search and seizure)— |
| |
(a) | subsection (3) is omitted, and |
| |
(b) | for subsection (4) there is substituted— |
| |
“(4) | In this section “premises” has the same meaning as in the Police |
| 30 |
and Criminal Evidence Act 1984 (see section 23 of that Act).” |
| |
(3) | For section 5 (forfeiture) there is substituted— |
| |
| |
| The Schedule to this Act makes provision about the forfeiture of |
| |
indecent photographs and pseudo-photographs.” |
| 35 |
(4) | At the end of the Act there is inserted the Schedule set out in Schedule 11 to this |
| |
| |
(5) | The amendment made by paragraph (b) of subsection (2) has effect only in |
| |
relation to warrants issued under section 4 of the Protection of Children Act |
| |
1978 (c. 37) after the commencement of that paragraph. |
| 40 |
|
| |
|
| |
|
(6) | The amendments made by subsections (2)(a), (3) and (4) and Schedule 11 have |
| |
effect whether the property in question was lawfully seized before or after the |
| |
coming into force of those provisions. |
| |
| This is subject to subsection (7). |
| |
(7) | Those amendments do not have effect in a case where the property has been |
| 5 |
brought before a justice of the peace under section 4(3) of the Protection of |
| |
Children Act 1978 (c. 37) before the coming into force of those provisions. |
| |
Independent Police Complaints Commission |
| |
38 | Immigration and asylum enforcement functions: complaints and misconduct |
| |
(1) | The Secretary of State may make regulations conferring functions on the |
| 10 |
Independent Police Complaints Commission in relation to— |
| |
(a) | the exercise by immigration officers of specified enforcement functions; |
| |
(b) | the exercise by officials of the Secretary of State of specified |
| |
enforcement functions relating to immigration or asylum. |
| |
(2) | In subsection (1) the reference to enforcement functions includes, in particular, |
| 15 |
| |
| |
(b) | powers to search persons or property, |
| |
(c) | powers to seize or detain property, |
| |
(d) | powers to arrest persons, |
| 20 |
(e) | powers to detain persons, |
| |
(f) | powers to examine persons or otherwise to obtain information |
| |
(including powers to take fingerprints or to acquire other personal |
| |
| |
(g) | powers in connection with the removal of persons from the United |
| 25 |
| |
(3) | Regulations under subsection (1) may not confer functions on the Independent |
| |
Police Complaints Commission in relation to the exercise by any person of a |
| |
function conferred on him by or under Part 8 of the Immigration and Asylum |
| |
| 30 |
(4) | Regulations under subsection (1)— |
| |
(a) | may apply (with or without modification) or make provision similar to |
| |
any provision of or made under Part 2 of the Police Reform Act 2002 |
| |
| |
(b) | may make provision for payment by the Secretary of State to or in |
| 35 |
respect of the Independent Police Complaints Commission. |
| |
(5) | The Independent Police Complaints Commission and the Parliamentary |
| |
Commissioner for Administration may disclose information to each other for |
| |
the purposes of the exercise of a function— |
| |
(a) | by virtue of this section, or |
| 40 |
(b) | under the Parliamentary Commissioner Act 1967 (c. 13). |
| |
(6) | The Independent Police Complaints Commission and the Parliamentary |
| |
Commissioner for Administration may jointly investigate a matter in relation |
| |
| |
|
| |
|
| |
|
(a) | the Independent Police Complaints Commission has functions by |
| |
virtue of this section, and |
| |
(b) | the Parliamentary Commissioner for Administration has functions by |
| |
virtue of the Parliamentary Commissioner Act 1967 (c. 13). |
| |
(7) | Regulations under subsection (1) shall relate only to the exercise of functions in |
| 5 |
or in relation to England and Wales. |
| |
(8) | In this section “immigration officer” means a person appointed as an |
| |
immigration officer under paragraph 1 of Schedule 2 to the Immigration Act |
| |
| |
| 10 |
39 | Amendments to the Extradition Act 2003 etc |
| |
Schedule 12 (which in Part 1 makes amendments to the Extradition Act 2003 |
| |
(c. 41) and in Part 2 makes other amendments concerning extradition) has |
| |
| |
| 15 |
| |
40 | Orders and regulations |
| |
(1) | Subsections (2) to (5) apply to any power to make an order or regulations that |
| |
is conferred by this Act on— |
| |
(a) | the Secretary of State, or |
| 20 |
(b) | the responsible ministers (within the meaning of Part 4). |
| |
| Subsections (2) and (3) also apply to any power to make an order that is |
| |
conferred by this Act on the Scottish Ministers or the National Assembly for |
| |
| |
(2) | The power is exercisable by statutory instrument. |
| 25 |
(3) | The power may be exercised so as— |
| |
(a) | to make different provision for different purposes or different areas; |
| |
(b) | to make provision generally or for specified cases or circumstances; |
| |
(c) | to make incidental, supplemental, consequential, saving or transitional |
| |
| 30 |
(4) | A statutory instrument made under any power to which this subsection |
| |
| |
(a) | an order to which subsection (5) applies, or |
| |
(b) | an order under section 44, |
| |
| is subject to annulment in pursuance of a resolution of either House of |
| 35 |
| |
(5) | A statutory instrument containing— |
| |
| |
| |
| 40 |
paragraph 46 of Schedule 1, |
| |
|
| |
|