|
| |
|
38 | Making, supplying or obtaining articles for use in computer misuse offences |
| |
After section 3 of the 1990 Act there is inserted— |
| |
“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 |
| 5 |
| |
(a) | intending it to be used to commit, or to assist in the commission |
| |
of, an offence under section 1 or 3; or |
| |
(b) | believing that it is likely to be so used. |
| |
(2) | A person is guilty of an offence if he obtains any article with a view to |
| 10 |
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 |
| |
| |
(4) | A person guilty of an offence under this section shall be liable— |
| 15 |
(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 |
| |
not exceeding six months or to a fine not exceeding the statutory |
| 20 |
| |
(c) | on conviction on indictment, to imprisonment for a term not |
| |
exceeding two years or to a fine or to both.” |
| |
39 | Transitional and saving provision |
| |
(1) | The amendments made by— |
| 25 |
| |
(b) | paragraphs 18, 19, 20(3) and (4), 21, 22(2) and (7) and 23 of Schedule 15, |
| |
| do not apply in relation to an offence committed before that section comes into |
| |
| |
(2) | An offence is not committed under the new section 3 unless every act or other |
| 30 |
event proof of which is required for conviction of the offence takes place after |
| |
section 37 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; |
| 35 |
(b) | paragraphs 14, 20, 22(4) and (5) and 24 of Schedule 15 do not apply. |
| |
(4) | An offence is not committed under the new section 3A unless every act or other |
| |
event proof of which is required for conviction of the offence takes place after |
| |
section 38 above comes into force. |
| |
(5) | In the case of an offence committed before section 154(1) of the Criminal Justice |
| 40 |
Act 2003 (c. 44) comes into force, the following provisions have effect as if for |
| |
“12 months” there were substituted “six months”— |
| |
(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. |
| |
| |
(a) | “the new section 1(3)” means the subsection (3) substituted in section 1 |
| |
of the 1990 Act by section 36 above; |
| 5 |
(b) | “the new section 2(5)” means the subsection (5) substituted in section 2 |
| |
of the 1990 Act by paragraph 12 of Schedule 15 to this Act; |
| |
(c) | “the new section 3” means the section 3 substituted in the 1990 Act by |
| |
| |
(d) | “the new section 3A” means the section 3A inserted in the 1990 Act by |
| 10 |
| |
Forfeiture of indecent photographs of children |
| |
40 | Forfeiture of indecent photographs of children: England and Wales |
| |
(1) | The Protection of Children Act 1978 (c. 37) is amended as follows. |
| |
(2) | In section 4 (entry, search and seizure)— |
| 15 |
(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 |
| |
and Criminal Evidence Act 1984 (see section 23 of that Act).” |
| |
(3) | For section 5 (forfeiture) there is substituted— |
| 20 |
| |
| The Schedule to this Act makes provision about the forfeiture of |
| |
indecent photographs and pseudo-photographs.” |
| |
(4) | At the end of the Act there is inserted the Schedule set out in Schedule 12 to this |
| |
| 25 |
(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 after the commencement of that paragraph. |
| |
(6) | The amendments made by subsections (2)(a), (3) and (4) and Schedule 12 have |
| |
effect whether the property in question was lawfully seized before or after the |
| 30 |
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 |
| |
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. |
| 35 |
41 | Forfeiture of indecent photographs of children: Northern Ireland |
| |
(1) | The Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 |
| |
(N.I. 17)) is amended as follows. |
| |
|
| |
|
| |
|
(2) | In Article 4 (entry, search and seizure), for paragraph (2) there is substituted— |
| |
“(2) | In this Article “premises” has the same meaning as in the Police and |
| |
Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 |
| |
(N.I. 12)) (see Article 25 of that Order).” |
| |
(3) | For Articles 5 and 6 (forfeiture) there is substituted— |
| 5 |
| |
The Schedule to this Order makes provision about the forfeiture of |
| |
indecent photographs and pseudo-photographs.” |
| |
(4) | At the end of the Order there is inserted the Schedule set out in Schedule 13. |
| |
(5) | The amendment made by subsection (2) has effect only in relation to warrants |
| 10 |
granted under Article 4(1) of the Protection of Children (Northern Ireland) |
| |
Order 1978 (S.I. 1978/1047 (N.I. 17)) after the commencement of that |
| |
| |
(6) | The amendments made by subsections (3) and (4) and Schedule 13 have effect |
| |
whether the property in question was lawfully seized before or after the |
| 15 |
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 |
| |
brought before a resident magistrate under Article 5(1) of the Protection of |
| |
Children (Northern Ireland) Order 1978 before the coming into force of those |
| 20 |
| |
Independent Police Complaints Commission |
| |
42 | Immigration and asylum enforcement functions: complaints and misconduct |
| |
(1) | The Secretary of State may make regulations conferring functions on the |
| |
Independent Police Complaints Commission in relation to— |
| 25 |
(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, |
| |
| 30 |
| |
(b) | powers to search persons or property, |
| |
(c) | powers to seize or detain property, |
| |
(d) | powers to arrest persons, |
| |
(e) | powers to detain persons, |
| 35 |
(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 |
| |
| 40 |
(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 |
| |
| |
(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 |
| 5 |
| |
(b) | may make provision for payment by the Secretary of State to or in |
| |
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 |
| 10 |
the purposes of the exercise of a function— |
| |
(a) | by virtue of this section, or |
| |
(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 |
| 15 |
| |
(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. |
| 20 |
(7) | Regulations under subsection (1) shall relate only to the exercise of functions in |
| |
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 |
| |
| 25 |
| |
43 | Amendments to the Extradition Act 2003 etc |
| |
Schedule 14 (which in Part 1 makes amendments to the Extradition Act 2003 |
| |
(c. 41) and in Part 2 makes other amendments concerning extradition) has |
| |
| 30 |
| |
| |
44 | 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— |
| 35 |
(a) | the Secretary of State, or |
| |
(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 |
| |
| 40 |
(2) | The power is exercisable by statutory instrument. |
| |
|
| |
|
| |
|
(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 |
| |
| 5 |
(4) | A statutory instrument containing an order or regulations made under any |
| |
power to which this subsection applies, other than— |
| |
(a) | an order to which subsection (5) applies, or |
| |
(b) | an order under section 48, |
| |
| is subject to annulment in pursuance of a resolution of either House of |
| 10 |
| |
(5) | A statutory instrument containing— |
| |
| |
| |
| 15 |
paragraph 48 of Schedule 1, |
| |
| |
(b) | an order that includes provision made by virtue of section 26(3)(a) or |
| |
(b) or section 46(3)(b)(i) or (ii), |
| |
| may not be made unless a draft has been laid before, and approved by a |
| 20 |
resolution of, each House of Parliament. |
| |
(6) | A statutory instrument containing an order under section 46 made by the |
| |
Scottish Ministers, other than an order to which subsection (7) applies, is |
| |
subject to annulment in pursuance of a resolution of the Scottish Parliament. |
| |
(7) | A statutory instrument containing an order under section 46 made by the |
| 25 |
Scottish Ministers that includes provision made by virtue of subsection (3)(b)(i) |
| |
of that section may not be made unless a draft has been laid before, and |
| |
approved by a resolution of, the Scottish Parliament. |
| |
| |
(1) | There is to be paid out of money provided by Parliament— |
| 30 |
(a) | any expenditure incurred by a Minister of the Crown by virtue of this |
| |
| |
(b) | any increase attributable to this Act in the sums payable by virtue of |
| |
any other Act out of money so provided. |
| |
(2) | Sums received by a Minister of the Crown by virtue of this Act are to be paid |
| 35 |
into the Consolidated Fund. |
| |
46 | Power to make consequential and transitional provision etc |
| |
(1) | The Secretary of State may by order make— |
| |
(a) | any supplementary, incidental or consequential provision, and |
| |
(b) | any transitional or saving provision, |
| 40 |
| that he considers necessary or expedient for the purposes of, in consequence of, |
| |
or for giving full effect to any provision of this Act. |
| |
|
| |
|
| |
|
(2) | The power conferred by subsection (1) is exercisable by the Scottish Ministers |
| |
(rather than the Secretary of State) where the provision to be made is within the |
| |
legislative competence of the Scottish Parliament. |
| |
(3) | An order under this section may in particular— |
| |
(a) | provide for any provision of this Act which comes into force before |
| 5 |
another provision has come into force to have effect, until that other |
| |
provision has come into force, with specified modifications; |
| |
| |
(i) | any Act (including this Act and any Act passed in the same |
| |
Session as this Act) or any Act of the Scottish Parliament; |
| 10 |
(ii) | Northern Ireland legislation; |
| |
(iii) | subordinate legislation (within the meaning of the |
| |
Interpretation Act 1978 (c. 30)) made before the passing of this |
| |
| |
(4) | Nothing in this section limits the power under section 44 to include transitional |
| 15 |
or saving provision in a commencement order under section 48. |
| |
(5) | The amendments that may be made by virtue of subsection (3)(b) are in |
| |
addition to those that are made by, or may be made under, any other provision |
| |
| |
47 | Amendments and repeals |
| 20 |
Schedules 15 (minor and consequential amendments) and 16 (repeals and |
| |
revocations) have effect. |
| |
| |
(1) | Subject to subsections (2) to (9)— |
| |
| 25 |
(b) | section 47 (and Schedules 15 and 16), |
| |
| come into force in accordance with provision made by order by the Secretary |
| |
| |
(2) | Subsection (1) does not apply to— |
| |
(a) | paragraphs 9(3)(a) and 21 to 23 of Schedule 2 (and section 2 so far as |
| 30 |
relating to those paragraphs); |
| |
(b) | paragraphs 35, 37 and 46 of Schedule 15; |
| |
(c) | the repeals in Part 1(B) of Schedule 16 that relate to the paragraphs |
| |
mentioned in paragraphs (a) and (b); |
| |
(d) | section 47 so far as relating to any of those paragraphs and repeals. |
| 35 |
(3) | An order bringing the following provisions into force may be made only with |
| |
the consent of the Scottish Ministers— |
| |
| |
(b) | Parts 5 and 6 of Schedule 1 and paragraphs 51 to 53 of that Schedule |
| |
(and section 1(3) so far as relating to those provisions); |
| 40 |
(c) | in Part 1(A) of Schedule 16, the repeals in or of the following provisions |
| |
(and section 47 so far as relating to those repeals)— |
| |
(i) | the Police (Scotland) Act 1967 (c. 77); |
| |
(ii) | sections 109 to 111 of the Police Act 1997 (c. 50), Schedule 8 to |
| |
that Act and paragraphs 10, 12 and 14 of Schedule 9 to that Act; |
| 45 |
|
| |
|
| |
|
(iii) | the Scottish Public Services Ombudsman Act 2002 (asp 11). |
| |
(4) | The following provisions come into force in accordance with provision made |
| |
by order by the Scottish Ministers— |
| |
(a) | sections 36 to 39 so far as they extend to Scotland; |
| |
(b) | paragraphs 12 to 14 and 24 of Schedule 15 so far as they extend to |
| 5 |
| |
(c) | paragraph 20 of that Schedule; |
| |
(d) | the repeals in Part 5 of Schedule 16 of— |
| |
(i) | provisions in section 13 of the Computer Misuse Act 1990 |
| |
| 10 |
(ii) | section 17(7) of that Act so far as it extends to Scotland; |
| |
(iii) | paragraph 77 of Schedule 4 to the Criminal Procedure |
| |
(Consequential Provisions) (Scotland) Act 1995 (c. 40); |
| |
(e) | section 47 so far as relating to those paragraphs and repeals. |
| |
(5) | Paragraph 7(2) of Schedule 7 (and section 17 so far as relating to that |
| 15 |
paragraph), so far as relating to fire and rescue authorities in Wales, comes into |
| |
force in accordance with provision made by order by the National Assembly |
| |
| |
(6) | The following provisions, so far as relating to local authorities in Wales, come |
| |
into force in accordance with provision made by order by the National |
| 20 |
| |
(a) | sections 14 and 15 and Schedule 6; |
| |
(b) | paragraph 29 of Schedule 15 (and section 47 so far as relating to that |
| |
| |
(c) | section 22 and Schedule 8; |
| 25 |
(d) | the repeal in Part 3 of Schedule 16 of section 91 of the Anti-social |
| |
Behaviour Act 2003 (c. 38) (and section 47 so far as relating to that |
| |
| |
(7) | The following provisions, so far as relating to local authorities in Wales or |
| |
registered social landlords on the register maintained by the National |
| 30 |
Assembly for Wales, come into force in accordance with provision made by |
| |
| |
| |
(b) | paragraphs 40 to 44 of Schedule 15 (and section 47 so far as relating to |
| |
| 35 |
(8) | The following provisions— |
| |
(a) | so far as relating to the granting of injunctions on the application of a |
| |
| |
| |
(ii) | paragraph 26 of Schedule 15, |
| 40 |
(iii) | in Part 3 of Schedule 16, the repeal of section 13(4)(b) of the Anti- |
| |
social Behaviour Act 2003, and |
| |
(iv) | section 47 so far as relating to that paragraph and that repeal, |
| |
(b) | so far as relating to any tenancy where the landlord is a relevant Welsh |
| |
| 45 |
(i) | paragraphs 9 to 11 of Schedule 15, and |
| |
(ii) | section 47 so far as relating to those paragraphs, and |
| |
(c) | so far as relating to a relevant Welsh landlord— |
| |
|
| |
|