386. Clause 44 of the Bill provides for commencement.
387. The provisions of the Bill will be brought into force by means of Commencement Orders with the exception of the provisions relating to the abolition of the National Policing Plan which will come into force on Royal Assent. Commencement Orders will be made by the Secretary of State save in relation to clauses 15 and 20 and Schedule 7 so far as they relate to local authorities in Wales, and clauses 16 to 18, so far as they relate to local authorities and registered social landlords in Wales, in which case the order or orders will be made by the National Assembly and clauses 33 to 36 (and the related amendments and repeals) so far as they extend to Scotland.
POWER
| RELEVANT LEGISLATION |
| ENVIRONMENTAL POWERS |
| Power to issue FPNs for dog fouling Power of an authorised officer of a local authority to give a notice under section 4 of the Dogs (Fouling of Land) Act 1996. | Paragraph 1(2) (c) of Schedule 4 to the 2002 Act.
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Power to issue FPN graffiti/fly-posting
Power of an authorised officer of a local authority to give a notice under section 43(1) of the Anti-social Behaviour Act 2003. | Paragraph 1(2)(ca) of Schedule 4 to the 2002 Act |
| Power to issue FPN for littering Power of an authorised officer of a litter authority to give a notice under section 88 of the Environmental Protection Act 1990. | Paragraph 1(2)(d) of Schedule 4 to the 2002 Act |
| Power to remove abandoned vehicles under regulations made under section 99 of the Road Traffic Regulation Act 1984 | Paragraph 10 of Schedule 4 to the 2002 Act |
| TRANSPORT POWERS |
| Power to issue PND for throwing fireworks and trespassing on a railway and throwing stones on a railway: Power to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 in respect of the offences in section 80 of the Explosives Act 1875 and section 55 and 56 of British Transport Commission Act 1949 | Paragraph 1(1) and (2)(a) of Schedule 4 to the 2002 Act |
| Power to issue FPN for cycling on pavement Power of a constable in uniform to give a person a fixed penalty notice under section 54 of the Road Traffic Offenders Act 1988 in respect of an offence under section 72 of the Highway Act 1835 (riding on a footway) committed by cycling. | Paragraph 1(2)(b) of Schedule 4 to the 2002 Act |
| Power to require name and address for road traffic offences: Power of a constable under sections 165 and 169 of the Road Traffic Act 1988 to require the name and address of a driver or pedestrian who fails to follow the directions of a CSO or police officer | Paragraph 3A of Schedule 4 to the 2002 Act |
| Power to seize vehicles used to cause alarm: Power to stop and seize a vehicle which a CSO has reason to believe is being used in a manner which contravenes sections 3 or 34 of the Road Traffic Act 1988 under section 59 of the 2002 Act. | Paragraph 9 of Schedule 4 to the 2002 Act |
| Power to stop vehicles for testing, power to escort abnormal loads and power to carry out road checks | Paragraphs 11 to 13 of Schedule 4 to the 2002 Act |
| Power to stop cycles: Powers of a constable in uniform to stop a cycle under section 163(2) of the Road Traffic Act 1988 when a CSO has reason to believe that a person has committed the offence of riding on a footpath. | Paragraph 11A of Schedule 4 to the 2002 Act |
| Power to direct traffic and to place traffic signs | Paragraphs 11B and 13A of Schedule 4 to the 2002 Act |
| ALCOHOL & TOBACCO POWERS |
| Power to issue PNDs for: sale of alcohol to a person under 18; purchase of alcohol for person under 18; delivery of alcohol to person under 18; drinking in designated area; consumption of alcohol by person under 18 or allowing such consumption; buying or attempting to buy alcohol by a person under 18 and sells or attempts to sell alcohol to a person who is drunk: Power to give a penalty notice for disorder in respect of offences under sections 141, 146, 149(3),149(1), 151, and 150(1) of the Licensing Act 2003 and section 12 of the Criminal Justice & Police Act 2001 | Paragraph 1(1) and (2)(a) of Schedule 4 to the 2002 Act |
| Power to require persons drinking in a designated area to surrender alcohol Power to require a person whom a CSO reasonably believes is, or has been, consuming alcohol in a designated public place or intends to do so, not to consume that alcohol and to surrender any alcohol or container for alcohol. Power to dispose of alcohol surrendered. | Paragraph 5 of Schedule 4 to the 2002 Act |
| Power to require persons aged under 18 to surrender alcohol: Power to require a person who he reasonably believes is aged under 18 or is or has been supplying alcohol to a person aged under 18 to surrender any alcohol in his possession and to give their name and address. Power to require such a person to surrender sealed containers of alcohol if the CSO has reason to believe that the person is or has been consuming or intends to consume alcohol. Power to dispose of alcohol surrendered. | Paragraph 6 of Schedule 4 to the 2002 Act |
| Power to seize tobacco from a person aged under 16 and to dispose of that tobacco. | Paragraph 7 of Schedule 4 to the 2002 Act |
| Power to search for alcohol and tobacco: Power to search a person whom the CSO reasonably believes is in possession of alcohol and tobacco and who has failed to comply with a requirement under paragraph 5 or 6 of Schedule 4 to the 2002 Act or has failed to allow a CSO to seize tobacco under paragraph 7 of that Schedule. Power to and a CSO dispose of anything found. | Paragraph 7A of Schedule 4 to the 2002 Act |
| Power to seize drugs and require name and address for possession of drugs: Power to seize unconcealed drugs or drugs found when searching for alcohol, tobacco or dangerous items. The CSO must retain the drugs until a constable instructs them what to do with it. | Paragraphs 7B and 7C of Schedule 4 to the 2002 Act |
| Limited power to enter licensed premises: Power of a constable under section 180 of the Licensing Act 2003 to enter licensed premises for the purposes of investigating relevant licensing offences. | Paragraph 8A of Schedule 4 to the 2002 Act |
| POWERS TO TACKLE ANTI-SOCIAL BEHAVIOUR |
| Power to issue PND for breach of fireworks curfew; possession of a category 4 firework; possession by a persons under 18 of an adult firework; supply of excessively loud firework: Power to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 in respect of offences in Fireworks Regulations 2004 under section 11 of the Fireworks Act 2003 | Paragraph 1(1) and (2)(a) of the 2002 Act |
| Power to deal with begging: Power to detain a person whom a CSO has required to stop committing an offence under sections 3 and 4 of the Vagrancy Act 1824 and who has failed to comply with the requirement. | Paragraphs 2(3B) and 2(6)(ac) of Schedule 4 to the 2002 Act |
| Power to require name and address for anti-social behaviour: Power of a constable in uniform under section 50 of the 2002 Act to require a person whom he has reason to believe to have been acting, or to be acting, in an anti-social manner to give his name and address. | Paragraph 3 of Schedule 4 to the 2002 Act read with paragraph 3(10) of Schedule 8 to the Serious Organised Crime and Police Act 2005. |
| ENFORCEMENT POWERS |
| Power to require name and address for relevant offences Power to require the name and address of a person whom a CSO has reason to believe has committed a relevant offence (Relevant offences are defined under paragraph 2(6) of Schedule 4 of the Police Reform Act). | Paragraph 1A of Schedule 4 to the 2002 Act |
| Power to detain: Power to detain a person whom a CSO has reason to believe has committed a relevant offence who fails to comply with a requirement to give name and address or who gives an answer which the CSO reasonably suspects to be false or inaccurate for up to 30 minutes or until the arrival of a police officer (or to accompany that person to a police station if he or she elects to do so on request). | Paragraph 2 of Schedule 4 to the 2002 Act. |
| Power to photograph persons away from a police station: Power of a constable under section 64A(1A) of the Police and Criminal Evidence Act 1984 to photograph a person who has been arrested, detained or given a fixed penalty notice away from the police station. | Paragraph 15ZA of Schedule 4 to the 2002 Act |
| SECURITY POWERS |
| Power to enter and search any premises for purposes of saving life and limb or preventing damage to property | Paragraph 8 of Schedule 4 to the 2002 Act |
| Power to enforce cordoned areas: under section 36 of the Terrorism Act 2000 | Paragraph 14 of Schedule 4 to the 2002 Act |
| Power to stop and search in authorised areas: Powers under the Terrorism Act 2000 in authorised areas to stop and search vehicles and pedestrians when in the company and under the supervision of a constable. | Paragraph 15 of Schedule 4 to the 2002 Act |
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| ENFORCEMENT POWERS |
| Power to issue a PND for destroying or damaging property; causing harassment, alarm or distress: Power to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 in respect of offences in section 1(1) of the Criminal Damage Act 1971, and section 5 Public Order Act 1986 | Paragraph 1(1) and (2)(a) of the 2002 Act |
| Power to issue PND for wasting police time, giving false report, using public network communications in order to cause annoyance; knowingly giving false alarm to a person acting on behalf of a fire and rescue authority: Power to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 in respect of offences in section 5 Criminal Law Act 1967, section 127 (2) Communications Act 2003, section 49 Fire and Rescue Act 2004 | Paragraph 1(1) and (2)(a) of the 2002 Act
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| Power to issue FPN for truancy Power of a constable to give a penalty notice under section 444A of the Education Act 1996. | Paragraph 1(2)(aa) of Schedule 4 to the 2002 Act |
| Power to enforce byelaws: The Serious Organised Crime and Police Act 2005 provides that offences committed under relevant byelaws are relevant offences under paragraph 2(6) of Schedule 4 of the 2002 Act. A relevant byelaw is a byelaw from a list of byelaws that has been agreed between a chief constable and a relevant byelaw-making body. | Paragraphs 1A (3), 2(3A), 2(6) (ad), 2(6B), 2(6C), 2(6D), 2(6E), 2(6F) of Schedule 4 to the 2002 Act. |
| Power to search detained persons for dangerous items or items that could be used to assist escape: Powers of a constable under section 32 of PACE to search detained persons for anything that could be used to cause physical injury or to assist escape. | Paragraph 2A of Schedule 4 to the 2002 Act. |
| Power to use reasonable force to transfer control of detained persons: Paragraph 2(4A) of Schedule 4 to the 2002 Act places a duty on CSOs to remain with a police officer when transferring a detained person to his or her custody until the police officer has the person under control. Paragraph 2(4B) places a CSO accompanying a detained person to a police station under a duty to remain at the police station until the detained person is under control. | Paragraphs 2(4A), 2(4B), 4ZA and 4ZB of Schedule 4 to the 2002 Act. |
| Power to use reasonable force to prevent a detained person making off: either when waiting for the arrival of a constable or when accompanying a detained person to a police station. | Paragraph 4 of Schedule 4 to the 2002 Act |
| Power to remove children in contravention of curfew notices to their place of residence: Power to remove a child to their place of residence if the CSO has reason to believe that the child is in contravention of a curfew notice under sections 15(1), (2) and (3) of the Crime and Disorder Act 1998. | Paragraph 4B of Schedule 4 to the 2002 Act |
| Power to remove truants to a designated place: where a local authority designates premises to which young person or child may be removed under this section, Powers of a constable in uniform to remove a child or young person that they have reasonable cause to believe is absent from school without lawful authority, back to the school or to designated premises. | Section 16 of Crime and Disorder Act 1998
Proposed New Power |
| POWERS TO TACKLE ANTI-SOCIAL BEHAVIOUR |
| Power to disperse groups and remove persons under 16 to their place of residence: Powers which, by virtue of an authorisation under section 30 of the Anti-social Behaviour Act 2003, are conferred on a constable in uniform by section 30(3) to (6) of that Act (power to disperse groups and remove persons under 16 to their place of residence). | Paragraph 4A of Schedule 4 to the 2002 Act |
| ALCOHOL AND TOBACCO POWERS |
| Power to issue PND for drunk and disorderedly behaviour; drunk in highway: Power to give penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 in respect of offences in section 91 of the Criminal Justice Act 1967, section 12 Licensing Act 1872 | Paragraph 1(1) and (2)(a) of the 2002 Act |
| Power to enforce certain licensing offences: The Serious Organised Crime and Police Act 2005 establishes a set of relevant licensing offences. CSOs may require name and address but may not detain for those relevant licensing offences that are most likely to be committed by licence holders. | Paragraph 2(6A) of Schedule 4 to the 2002 Act |
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