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[AS AMENDED IN STANDING COMMITTEE D] |
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Establish a National Policing Improvement Agency; to make provision about |
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police forces and police authorities; to make provision about police powers |
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and about the powers and duties of community support officers, weights and |
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measures inspectors and others; to make further provision for combatting |
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crime and disorder; to establish the office of Her Majesty’s Chief Inspector for |
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Justice, Community Safety and Custody; to amend Part 12 of the Criminal |
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Justice Act 2003; to amend the Computer Misuse Act 1990; to make provision |
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about the forfeiture of indecent images of children; to provide for the |
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conferring of functions on the Independent Police Complaints Commission in |
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relation to the exercise of enforcement functions by officials involved with |
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immigration and asylum; to amend the Extradition Act 2003; and for |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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National Policing Improvement Agency |
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1 | National Policing Improvement Agency |
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(1) | There is to be a body corporate to be known as the National Policing |
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(2) | The following are abolished— |
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(a) | the Central Police Training and Development Authority; |
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(b) | the Police Information Technology Organisation. |
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(3) | Schedule 1 (further provision about the National Policing Improvement |
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Agency, and related amendments) has effect. |
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Police forces and police authorities |
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2 | Amendments to the Police Act 1996 |
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Schedule 2 (which makes amendments to the Police Act 1996 (c. 16)) has effect. |
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3 | Police authorities as best value authorities |
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(1) | In section 1 of the Local Government Act 1999 (c. 27) (authorities that are best |
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(a) | in subsection (1), at the beginning of paragraph (d) there is inserted |
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“(subject to subsection (8))”; |
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(b) | in subsection (4), for “subsection (1)(d)” there is substituted “this |
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(c) | in subsection (6), at the beginning of paragraph (c) there is inserted |
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“(subject to subsection (8))”; |
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(d) | after subsection (7) there is inserted— |
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“(8) | A police authority is not a best value authority for the purposes |
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of the following provisions of this Part— |
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section 5 (best value reviews); |
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section 6 (best value performance plans); |
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sections 7 to 9 (audit of best value performance plans); |
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section 13(5) (requirement of best value performance plan |
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to record fact of adverse report etc); |
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section 15(2)(a) and (b) (directions relating to best value |
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(2) | A reference in any provision contained in or made under any Act other than |
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the Local Government Act 1999 to an authority that is a best value authority for |
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the purposes of Part 1 of that Act includes, if the context allows, a police |
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Community support officers etc |
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4 | Standard powers and duties of community support officers |
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(1) | In section 38 of the Police Reform Act 2002 (c. 30) (police powers for police |
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authority employees), after subsection (5) there is inserted— |
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“(5A) | A person designated under this section as a community support officer |
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shall also have the standard powers and duties of a community support |
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officer (see section 38A(2)).” |
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(2) | After section 38 of the Police Reform Act 2002 there is inserted— |
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“38A | Standard powers and duties of community support officers |
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(1) | The Secretary of State may by order provide for provisions of Part 1 of |
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Schedule 4 to apply to every person who under section 38 is designated |
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as a community support officer. |
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(2) | The powers and duties conferred or imposed by the provisions for the |
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time being applied under subsection (1) are to be known as the |
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standard powers and duties of a community support officer. |
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(3) | Before making an order under subsection (1), the Secretary of State |
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(a) | persons whom he considers to represent the interests of police |
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(b) | persons whom he considers to represent the interests of chief |
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(4) | The Secretary of State shall not make an order containing (with or |
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without any other provision) any provision authorised by subsection |
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(1) unless a draft of that order has been laid before Parliament and |
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approved by a resolution of each House. |
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(5) | A provision of Part 1 of Schedule 4 may be applied to a person |
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concurrently by an order under subsection (1) and a designation under |
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(6) | If an order under subsection (1) confers or imposes additional powers |
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and duties on a person who is under the direction and control of a chief |
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officer of police of a police force, that chief officer must ensure that the |
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person receives adequate training in the exercise and performance of |
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the additional powers and duties.” |
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5 | Community support officers: power to deal with truants |
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In Schedule 4 to the Police Reform Act 2002 (c. 30) (exercise of police powers |
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etc by civilians), after paragraph 4B there is inserted— |
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“Power to remove truants to designated premises etc. |
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4C | Where a designation applies this paragraph to any person, that |
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(a) | as respects any area falling within the relevant police area |
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and specified in a direction under section 16(2) of the Crime |
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and Disorder Act 1998, but |
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(b) | only during the period specified in the direction, |
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| have the powers conferred on a constable by section 16(3) of that Act |
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(power to remove truant found in specified area to designated |
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premises or to the school from which truant is absent).” |
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6 | Exercise of police powers by civilians |
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makes amendments consequential on section 4 (standard powers and |
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duties of community support officers), and |
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makes other minor amendments in connection with the exercise of police |
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Schedule 4, which amends provisions in the Police and Criminal Evidence Act |
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1984 (c. 60) that relate to bail— |
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(a) | granted by a constable elsewhere than at a police station, or |
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(b) | granted at a police station, |
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8 | Power to stop and search at aerodromes |
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(1) | In Part 3 of the Aviation Security Act 1982 (c. 36) (policing of airports), before |
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section 25 there is inserted— |
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“Power to stop and search at aerodromes |
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24B | Power of constable to stop and search persons, vehicles etc |
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(1) | Subject to subsection (2) below, a constable may search— |
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(a) | any person, vehicle or aircraft in an aerodrome, or |
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(b) | anything which is in or on such a vehicle or aircraft, |
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| for stolen or prohibited articles. |
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(2) | This section does not give a constable power to search a person, vehicle |
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or aircraft, or anything in or on a vehicle or aircraft, unless he has |
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reasonable grounds for suspecting that he will find stolen or prohibited |
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(3) | For the purposes of exercising the power conferred by subsection (1) |
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(a) | enter any part of an aerodrome; |
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(b) | detain a person, vehicle or aircraft; |
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(4) | If in the course of a search under subsection (1) above a constable |
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discovers an article which he has reasonable grounds for suspecting to |
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be a stolen or prohibited article, he may seize it. |
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(5) | An article is prohibited for the purposes of this section if it is an |
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(a) | made or adapted for use in the course of or in connection with |
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(b) | intended by the person having it with him for such use by him |
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(6) | In this section “criminal conduct” means conduct which— |
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(a) | constitutes an offence in the part of the United Kingdom in |
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which the aerodrome is situated, or |
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(b) | would constitute an offence in that part of the United Kingdom |
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(7) | The powers conferred by this section on a constable are without |
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prejudice to any powers exercisable by him apart from this section. |
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(8) | The exercise of a power under this section does not require a warrant. |
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(9) | Nothing in this section authorises a constable to enter a dwelling.” |
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Travel and freight information |
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9 | Information gathering powers: extension to domestic flights and voyages |
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(1) | The Immigration, Asylum and Nationality Act 2006 is amended as follows. |
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(2) | In section 32 (police powers to gather information relating to flights and |
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voyages to or from the United Kingdom), in subsection (1) (ships and aircraft |
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to which section applies), for paragraphs (a) and (b) there is substituted— |
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“(a) | arriving, or expected to arrive, at any place in the United |
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Kingdom (whether from a place in the United Kingdom or from |
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outside the United Kingdom), or |
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(b) | leaving, or expected to leave, from any place in the United |
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Kingdom (whether for a place in the United Kingdom or for |
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outside the United Kingdom).” |
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(3) | In each of section 32(5) (interpretation of section) and section 33(5) (police |
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powers to gather information about freight entering or leaving the United |
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Kingdom: interpretation of section), after paragraph (c) there is inserted “, and |
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(i) | every description of vessel used in navigation, and |
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(4) | In section 36 (duty to share travel and freight information), in subsection (9) |
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(interpretation of section), after the definition of “Revenue and Customs |
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purposes” there is inserted “, and |
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(a) | every description of vessel used in navigation, and |
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(5) | In section 38 (disclosure of travel and freight information for security |
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purposes), after subsection (5) there is inserted— |
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“(5A) | In subsection (4) “ship” includes— |
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(a) | every description of vessel used in navigation, and |
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