Police and Justice Bill

House of Commons

Session 2005 - 06
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Police and Justice Bill

Police and Justice Bill
Schedule 15 — Minor and consequential amendments
143

(2)
The power conferred by subsection (1) above does not extend to
authorising a search for material of the kinds mentioned in Article
11(2) of the Police and Criminal Evidence (Northern Ireland) Order
1989 (privileged, excluded and special procedure material).
(3)
A warrant under this section—
5
(a)
may authorise persons to accompany any constable
executing the warrant; and
(b)
remains in force for twenty-eight days from the date of its
issue.
(4)
In exercising a warrant issued under this section a constable may
10
seize an article if he reasonably believes that it is evidence that an
offence under section 1 above has been or is about to be committed.
(5)
In this section “premises” includes land, buildings, movable
structures, vehicles, vessels, aircraft and hovercraft.
(6)
This section extends only to Northern Ireland.”
15
24    (1)
Section 17 of that Act (interpretation) is amended as follows.
      (2)
Subsection (7) is omitted.
      (3)
For subsection (8) there is substituted—
“(8)
An act done in relation to a computer is unauthorised if the person
doing the act (or causing it to be done)—
20
(a)
is not himself a person who has responsibility for the
computer and is entitled to determine whether the act may be
done; and
(b)
does not have consent to the act from any such person.

In this subsection “act” includes a series of acts.”
25
Employment Rights Act 1996 (c. 18)
25
In section 50 of the Employment Rights Act 1996 (right to time off for public
duties), for paragraph (c) of subsection (2) there is substituted—
“(c)
a police authority established under section 3 of the Police
Act 1996 or the Metropolitan Police Authority,”.
30
Housing Act 1996 (c. 52)
26
In subsection (1)(b) of—
(a)
section 153C of the Housing Act 1996 (injunctions: exclusion order
and power of arrest), and
(b)
section 154 of that Act (powers of arrest: ex parte applications for
35
injunctions),

for “section 153A(4)” there is substituted “any of paragraphs (a) to (d) of
section 153A(3)”.
27
In section 218A of that Act (anti-social behaviour: landlords’ policies and
procedures), for subsection (8) there is substituted—
40
“(8)
Anti-social behaviour is—
(a)
any housing-related anti-social conduct, or
(b)
any conduct to which section 153B applies.

Police and Justice Bill
Schedule 15 — Minor and consequential amendments
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(8A)
Housing-related anti-social conduct has the same meaning as in
section 153A.”
Crime and Disorder Act 1998 (c. 37)
28
In section 38(4) of the Crime and Disorder Act 1998 (meaning of “youth
justice services”), in paragraph (ee), for “sections 25 to 27” there is
5
substituted “sections 25, 26 and 27”.
Local Government Act 2000 (c. 22)
29    (1)
Section 21 of the Local Government Act 2000 (overview and scrutiny
committees) is amended as follows.
      (2)
At the end of subsection (4) there is inserted “or section 14 of the Police and
10
Justice Act 2006 (local authority scrutiny of crime and disorder matters)”.
      (3)
In subsection (10), after “Schedule 1” there is inserted “and to section 15(6)
of the Police and Justice Act 2006”.
Police Reform Act 2002 (c. 30)
30
In section 41 of the Police Reform Act 2002 (accreditation under community
15
safety accreditation schemes), after subsection (4) there is inserted—
“(4A)
A chief officer of police may not grant accreditation under this
section to a weights and measures inspector.”
31    (1)
Section 42 of that Act (supplementary provisions relating to designations
and accreditations) is amended as follows.
20
      (2)
In subsection (1), after “section 41” there is inserted “or 41A”.
      (3)
In subsection (3)—
(a)
after “or 41” there is inserted “or an accreditation to any weights and
measures inspector under section 41A”;
(b)
after “accredited person” there is inserted “or the accredited
25
inspector”.
      (4)
After subsection (6) there is inserted—
“(6A)
Where the accreditation of a weights and measures inspector under
section 41A is modified or withdrawn, the chief officer giving notice
of the modification or withdrawal shall send a copy of the notice to
30
the local weights and measures authority by which the inspector was
appointed.”
      (5)
After subsection (10) there is inserted—
“(11)
For the purposes of determining liability for the unlawful conduct of
weights and measures inspectors, conduct by such an inspector in
35
reliance or purported reliance on an accreditation under section 41A
shall be taken to be conduct in the course of his duties as a weights
and measures inspector; and, in the case of a tort, the local weights
and measures authority by which he was appointed shall fall to be
treated as a joint tortfeasor accordingly.”
40

Police and Justice Bill
Schedule 15 — Minor and consequential amendments
145

32    (1)
Section 46 of that Act (offences against designated and accredited persons
etc) is amended as follows.
      (2)
In subsections (1) and (2)—
(a)
before the “or” following paragraph (b) there is inserted—
“(ba)
an accredited inspector in the execution of his duty,”;
5
(b)
in paragraph (c), after “accredited person” there is inserted “or an
accredited inspector”.
      (3)
In subsection (3)—
(a)
in paragraph (a), for “or an accredited person” there is substituted
“, an accredited person or an accredited inspector”;
10
(b)
in paragraph (b), for “or that he is an accredited person” there is
substituted “, that he is an accredited person or that he is an
accredited inspector”;
(c)
in paragraph (c), after “accredited person” there is inserted “or as an
accredited inspector”.
15
      (4)
In subsection (4), for “or accredited person” there is substituted “, accredited
person or accredited inspector”.
33
In section 47 of that Act (interpretation of Chapter 1), in subsection (1) the
following definitions are inserted at the appropriate places—
““accredited inspector” means a weights and measures
20
inspector in relation to whom an accreditation under section
41A is for the time being in force;”;
““weights and measures inspector” means an inspector of
weights and measures appointed under section 72(1) of the
Weights and Measures Act 1985.”
25
34
In section 105 of that Act (powers of Secretary of State to make orders and
regulations), in subsection (3)(b), before “or 99(6)” there is inserted “or 41B”.
Railways and Transport Safety Act 2003 (c. 20)
35
In section 19 of the Railways and Transport Safety Act 2003 (exercise of
functions by British Transport Police Authority)—
30
(a)
at the end of paragraph (d) there is inserted “and”;
(b)
paragraph (f) is omitted.
36
In section 28(1) of that Act (police powers for British Transport Police
Authority employees), after paragraph (a) there is inserted—
“(aa)
section 38A (standard powers and duties of community
35
support officers),”.
37
In section 50 of that Act (policing objectives set by British Transport Police
Authority), for paragraphs (c) and (d) of subsection (3) there is substituted
“and
(c)
have regard to any strategic priorities determined for that
40
year by the Secretary of State under section 37A of the Police
Act 1996 (strategic priorities for police authorities).”
38
In section 52 of that Act (railways policing plan), for subsection (7) there is

Police and Justice Bill
Schedule 15 — Minor and consequential amendments
146

substituted—
“(7)
In preparing a plan the Chief Constable and the Authority shall have
regard to any guidance given by the Secretary of State about railways
policing plans.
(7A)
Before issuing or revising any guidance under subsection (7) the
5
Secretary of State shall consult—
(a)
the Authority,
(b)
the Chief Constable, and
(c)
such other persons as the Secretary of State thinks fit.”
39    (1)
Section 55 of that Act (three-year strategy plan) is amended as follows.
10
      (2)
In subsection (1), after “a plan” there is inserted “(“a three-year strategy
plan”)”.
      (3)
For subsections (2) and (3) there is substituted—
“(2)
Before a three-year strategy plan for any period is issued by the
Authority, a draft of a plan setting out medium-term and long-term
15
strategies for policing the railways during that period must have
been prepared by the Chief Constable and submitted by him to the
Authority for its consideration.
(3)
In preparing the draft plan, the Chief Constable shall have regard to
opinions expressed in accordance with section 62.
20
(4)
The Authority may modify a three-year strategy plan which it has
issued for a particular period at any time during that period.
(5)
The Secretary of State may—
(a)
issue guidance to the Authority and to the Chief Constable as
to—
25
(i)
the matters to be contained in any three-year strategy
plan, and
(ii)
the form to be taken by any such plan,

and
(b)
revise and modify that guidance from time to time.
30
(6)
Before issuing or revising any guidance under subsection (5) the
Secretary of State shall consult—
(a)
the Authority,
(b)
the Chief Constable, and
(c)
such other persons as the Secretary of State thinks fit.
35
(7)
When issuing, preparing or modifying a three-year strategy plan or
a draft of such a plan, the Authority or (as the case may be) the Chief
Constable shall have regard to—
(a)
any guidance issued by the Secretary of State under
subsection (5),
40
(b)
any objectives set by the Secretary of State under section 51
for a financial year falling within the period to which the plan
relates,
(c)
any performance targets set by the Authority under section
53 relating to such objectives, and
45

Police and Justice Bill
Schedule 15 — Minor and consequential amendments
147

(d)
any strategic priorities determined by the Secretary of State
under section 37A of the Police Act 1996 (strategic priorities
for police authorities) and applicable during all or part of the
period to which the plan relates.
(8)
Where the Authority is proposing to issue or modify any plan under
5
this section, it shall submit that plan, or the modifications, to the
Secretary of State.
(9)
Where the Authority issues a three-year strategy plan or modifies
such a plan, it shall—
(a)
send a copy of the plan or the modified plan to the Secretary
10
of State, and
(b)
cause the plan or modified plan to be published.

The copy of any modified plan sent to the Secretary of State and the
publication of any modified plan must show the modifications, or be
accompanied by or published with a document which sets them out
15
or describes them.
(10)
If the Secretary of State considers that there are grounds for thinking
that—
(a)
a three-year strategy plan, or
(b)
any proposals by the Authority for such a plan, or for the
20
modification of such a plan,

may not be consistent with any of the objectives, targets or priorities
mentioned in subsection (7), he shall, before informing the Authority
of his conclusions on whether or not the plan or the proposals are in
fact so inconsistent, consult the Authority and the Chief Constable.
25
(11)
The Authority shall consult the Chief Constable before—
(a)
it issues a three-year strategy plan that differs in any material
respect from the draft submitted to it by the Chief Constable,
or
(b)
it modifies its three-year strategy plan.
30
(12)
The Secretary of State may by regulations make provision for the
procedure to be followed on the submission to him of any plan or
modifications for the purposes of this section.”
Anti-social Behaviour Act 2003 (c. 38)
40
In the heading to section 25 of the Anti-social Behaviour Act 2003 (parenting
35
contracts in respect of criminal conduct and anti-social behaviour), at the
end there is inserted “: youth offending teams”.
41
In the heading to section 26 of that Act (parenting orders in respect of
criminal conduct and anti-social behaviour), at the end there is inserted
“: youth offending teams”.
40
42    (1)
Section 27 of that Act (parenting orders: supplemental) is amended as
follows.
      (2)
In subsections (1) and (2), for “section 26” there is substituted “section
26, 26A or 26B”.
      (3)
In subsection (1)(a), for “section 25” there is substituted “section 25, 25A or
45
25B”.

Police and Justice Bill
Schedule 15 — Minor and consequential amendments
148

      (4)
In subsection (3), for “in relation to a parenting order under section 26 as
they apply” there is substituted “in relation to—
(a)
a parenting order under section 26,
(b)
a parenting order under section 26A, or
(c)
a parenting order under section 26B,
5

as they apply”.
      (5)
After subsection (3) there is inserted—
“(3A)
Proceedings for an offence under section 9(7) of the 1998 Act
(parenting orders: breach of requirement etc) as applied by
subsection (3)(b) above may be brought by—
10
(a)
the local authority for the area where the child or young
person resides or appears to reside, or
(b)
(if different) the local authority for the area where the person
alleged to be in breach resides or appears to reside.”
      (6)
For subsection (4) there is substituted—
15
“(4)
In carrying out their functions in relation to parenting orders—
(a)
members of youth offending teams,
(b)
local authorities in England,
(c)
registered social landlords on the register maintained by the
Housing Corporation, and
20
(d)
responsible officers who are officers or representatives of
local authorities in England or of registered social landlords
on that register,

must have regard to any guidance which is issued by the Secretary
of State from time to time for that purpose.
25
(4A)
In carrying out their functions in relation to parenting orders—
(a)
local authorities in Wales,
(b)
registered social landlords on the register maintained by the
National Assembly for Wales, and
(c)
responsible officers who are officers or representatives of
30
local authorities in Wales or of registered social landlords on
that register,

must have regard to any guidance which is issued by the National
Assembly for Wales from time to time for that purpose.”
43    (1)
Section 28 of that Act (parenting orders: appeals) is amended as follows.
35
      (2)
In subsection (1), for “under section 26” there is substituted “by a
magistrates’ court under section 26, 26A or 26B”.
      (3)
After that subsection there is inserted—
“(1A)
An appeal lies to the High Court against the making of a parenting
order by a county court under section 26A or 26B.”
40
      (4)
In subsection (2), for “subsection (1)(b)” there is substituted “subsection (1)”.
44
In section 29(1) of that Act (interpretation of sections 25 to 29), for the
definition of “responsible officer” there is substituted—
““responsible officer”—

Police and Justice Bill
Schedule 16 — Repeals and revocations
Part 1 — Police reform
149

(a)
in relation to a parenting order under section 26,
means a member of a youth offending team who is
specified in the order;
(b)
in relation to a parenting order under section 26A,
means an officer or other representative of a local
5
authority who is specified in the order;
(c)
in relation to a parenting order under section 26B,
means an officer or other representative of a
registered social landlord who is specified in the
order;”.
10
Criminal Justice Act 2003 (c. 44)
45
In section 25 of the Criminal Justice Act 2003 (code of practice in relation to
conditional cautions), at the end of subsection (2) there is inserted—
“(i)
the exercise of the power of arrest conferred by section
24A(1), and
15
(j)
who is to decide how a person should be dealt with under
section 24A(2).”
Energy Act 2004 (c. 20)
46
In paragraph 1 of Schedule 12 to the Energy Act 2004 (determination of
annual objectives for Civil Nuclear Constabulary), for sub-paragraph (3)
20
there is substituted—
    “(3)
In determining the objectives, the Police Authority must have
regard to any strategic priorities determined for that year by the
Secretary of State under section 37A of the Police Act 1996
(strategic priorities for police authorities).”
25
Schedule 16
Section 47

Repeals and revocations
Part 1
Police reform
(A) National Policing Improvement Agency
30

Short title and chapter
Extent of repeal

Parliamentary Commissioner
In Schedule 2, the entry relating to the Central

Act 1967 (c. 13)
Police Training and Development Authority

and the entry relating to the Police

Information Technology Organisation.

35

Police (Scotland) Act 1967
Section 28(2) and (3).

(c. 77)
Section 36(7) and (8).

In section 38(3A), “(bb) or”.

In section 38A, subsection (1)(bb) and, in

subsection (6)(a), “(bb),”.

40