Police and Justice Bill

House of Commons

Session 2005 - 06
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Police and Justice Bill

Police and Justice Bill
Schedule 7 — Amendments to the Crime and Disorder Act 1998
88

Miscellaneous and supplemental
7
The crime and disorder committee of a local authority, or a sub-committee
of such a committee, is to be treated as a committee or sub-committee of a
principal council for the purposes of Part 5A of the Local Government Act
1972 (c. 70) (access to meetings and documents of certain authorities,
5
committees and sub-committees).
8     (1)
The crime and disorder committee of a local authority, or a sub-committee
of such a committee, is to be treated as a body to which section 15 of the Local
Government and Housing Act 1989 (c. 42) (duty to allocate seats to political
groups) applies.
10
      (2)
Sub-paragraph (1) does not apply to the crime and disorder committee of the
Common Council of the City of London (or to a sub-committee of that
committee).
9
Subsections (2) and (5) of section 102 of the Local Government Act 1972
(appointment of committees) apply to the crime and disorder committee of
15
a local authority, or a sub-committee of such a committee, as they apply to a
committee appointed under that section.
Schedule 7
Section 17

Amendments to the Crime and Disorder Act 1998
1
The Crime and Disorder Act 1998 (c. 37) is amended as follows.
20
2     (1)
Section 5 (authorities responsible for strategies) is amended as follows.
      (2)
In subsection (1), after “functions conferred by” there is inserted “or under”.
      (3)
In subsection (1A)(a), for “by sections 6 to 7” there is substituted “by or
under section 6 or by section 7”.
      (4)
In subsection (1B)(b), after “drugs” there is inserted “, alcohol and other
25
substances”.
      (5)
After subsection (5) there is inserted—
“(6)
The appropriate national authority may by order amend this section
by—
(a)
adding an entry for any person or body to the list of
30
authorities in subsection (1),
(b)
altering or repealing an entry for the time being included in
the list, or
(c)
adding, altering or repealing provisions for the interpretation
of entries in the list.
35
(7)
In this section the “appropriate national authority”, in relation to a
person or body, means—
(a)
the National Assembly for Wales, if all the functions of the
person or body are devolved Welsh functions;
(b)
the Secretary of State and the Assembly acting jointly, if the
40
functions of the person or body include devolved Welsh
functions and other functions; and

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Schedule 7 — Amendments to the Crime and Disorder Act 1998
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(c)
the Secretary of State, if none of the functions of the person or
body are devolved Welsh functions.
(8)
In subsection (7), “devolved Welsh functions” means functions
which are dischargeable only in relation to Wales and relate to
matters in relation to which the Assembly has functions.”
5
3
For sections 6 and 6A there is substituted—
“6
Formulation and implementation of strategies
(1)
The responsible authorities for a local government area shall, in
accordance with section 5 and with regulations made under
subsection (2), formulate and implement—
10
(a)
a strategy for the reduction of crime and disorder in the area
(including anti-social and other behaviour adversely
affecting the local environment); and
(b)
a strategy for combatting the misuse of drugs, alcohol and
other substances in the area.
15
(2)
The appropriate national authority may by regulations make further
provision as to the formulation and implementation of a strategy
under this section.
(3)
Regulations under subsection (2) may in particular make provision
for or in connection with—
20
(a)
the time by which a strategy must be prepared and the period
to which it is to relate;
(b)
the procedure to be followed by the responsible authorities in
preparing and implementing a strategy (including
requirements as to the holding of public meetings and other
25
consultation);
(c)
the conferring of functions on any one or more of the
responsible authorities in relation to the formulation and
implementation of a strategy;
(d)
matters to which regard must be had in formulating and
30
implementing a strategy;
(e)
objectives to be addressed in a strategy and performance
targets in respect of those objectives;
(f)
the sharing of information between responsible authorities;
(g)
the publication and dissemination of a strategy;
35
(h)
the preparation of reports on the implementation of a
strategy.
(4)
The provision which may be made under subsection (2) includes
provision for or in connection with the conferring of functions on a
committee of, or a particular member or officer of, any of the
40
responsible authorities.
(5)
The matters referred to in subsection (3)(d) may in particular include
guidance given by the appropriate national authority in connection
with the formulation or implementation of a strategy.
(6)
Provision under subsection (3)(e) may require a strategy to be
45
formulated so as to address (in particular)—

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Schedule 7 — Amendments to the Crime and Disorder Act 1998
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(a)
the reduction of crime or disorder of a particular description;
or
(b)
the combatting of a particular description of misuse of drugs,
alcohol or other substances.
(7)
Regulations under this section may make—
5
(a)
different provision for different local government areas;
(b)
supplementary or incidental provision.
(8)
For the purposes of this section any reference to the implementation
of a strategy includes—
(a)
keeping it under review for the purposes of monitoring its
10
effectiveness; and
(b)
making any changes to it that appear necessary or expedient.
(9)
In this section the “appropriate national authority” is—
(a)
the Secretary of State, in relation to strategies for areas in
England;
15
(b)
the National Assembly for Wales, in relation to strategies for
combatting the misuse of drugs, alcohol or other substances
in areas in Wales;
(c)
the Secretary of State and the Assembly acting jointly, in
relation to strategies for combatting crime and disorder in
20
areas in Wales.”
4     (1)
Section 17 (duty to consider crime and disorder implications) is amended as
follows.
      (2)
In subsection (1), for “crime and disorder in its area” there is substituted—
“(a)
crime and disorder in its area (including anti-social and
25
other behaviour adversely affecting the local
environment); and
(b)
the misuse of drugs, alcohol and other substances in its
area.”
      (3)
For subsection (2) there is substituted—
30
“(2)
This section applies to each of the following—
a local authority;
a joint authority;
the London Fire and Emergency Planning Authority;
a fire and rescue authority constituted by a scheme under
35
section 2 of the Fire and Rescue Services Act 2004 or a scheme
to which section 4 of that Act applies;
a metropolitan county fire authority;
a police authority;
a National Park authority;
40
the Broads Authority.”
      (4)
After subsection (3) there is inserted—
“(4)
The appropriate national authority may by order amend this section
by—
(a)
adding an entry for any person or body to the list of
45
authorities in subsection (2),

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Schedule 7 — Amendments to the Crime and Disorder Act 1998
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(b)
altering or repealing any entry for the time being included in
the list, or
(c)
adding, altering or repealing provisions for the interpretation
of entries in the list.
(5)
In subsection (4) “the appropriate national authority” has the same
5
meaning as in section 5.”
5
After section 17 there is inserted—
“17A
Sharing of information
(1)
A relevant authority is under a duty to disclose to all other relevant
authorities any information held by the authority which is of a
10
prescribed description, at such intervals and in such form as may be
prescribed.
(2)
In subsection (1) “prescribed” means prescribed in regulations made
by the Secretary of State.
(3)
The Secretary of State may only prescribe descriptions of
15
information which appears to him to be of potential relevance in
relation to the reduction of crime and disorder in any area of England
and Wales (including anti-social or other behaviour adversely
affecting the local environment in that area).
(4)
Nothing in this section requires a relevant authority to disclose any
20
personal data (within the meaning of the Data Protection Act 1998).
(5)
In this section “relevant authority” means an authority in England
and Wales which is for the time being a relevant authority for the
purposes of section 115.”
6     (1)
Section 114 (orders and regulations) is amended as follows.
25
      (2)
In subsection (2)—
(a)
for “6A(1) or 10(6)” there is substituted “10(6) or 17A”;
(b)
after “regulations under” there is inserted “section 6 or”.
      (3)
In subsection (3)—
(a)
after “1F,” there is inserted “5(6),”;
30
(b)
for “38(5) or 41(6)” there is substituted “17(4), 38(5), 41(6) or 115(3)”.
      (4)
After that subsection there is inserted—
“(4)
The Secretary of State must consult the National Assembly for Wales
before making an order under section 5(6), 17(4) or 115(3) that relates
to a person or body any of whose functions are dischargeable in
35
relation to Wales (not being functions of the kind referred to in
section 5(8)).”
7     (1)
Section 115 (disclosure of information) is amended as follows.
      (2)
In subsection (2), for “subsection (1) above” there is substituted “this
section”, and at the end there is inserted—
40
“(h)
the London Fire and Emergency Planning Authority;
(i)
a fire and rescue authority constituted by a scheme under
section 2 of the Fire and Rescue Services Act 2004 or a scheme
to which section 4 of that Act applies;

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Schedule 8 — Injunctions in local authority proceedings: powers to remand
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(j)
a metropolitan county fire and rescue authority.”
      (3)
After that subsection there is inserted—
“(3)
The appropriate national authority may by order amend this section
so far as it extends to England and Wales by—
(a)
adding an entry for any person or body to the list of
5
authorities in subsection (2),
(b)
altering or repealing any entry for the time being included in
the list, or
(c)
adding, altering or repealing provisions for the interpretation
of entries in the list.
10
(4)
In subsection (3) “the appropriate national authority” has the same
meaning as in section 5.”
Schedule 8
Section 22

Injunctions in local authority proceedings: powers to remand
Introductory
15
1     (1)
The provisions of this Schedule apply where the court has power to remand
a person under section 22(6) (injunctions in local authority proceedings:
power of arrest and remand).
      (2)
In this Schedule “the court” has the same meaning as in section 22.
Remand in custody or on bail
20
2     (1)
The court may—
(a)
remand the person in custody, that is, commit him to custody to be
brought before the court at the end of the period of remand or at such
earlier time as the court may require, or
(b)
remand him on bail, in accordance with the following provisions.
25
      (2)
The court may remand the person on bail—
(a)
by taking from him a recognizance, with or without sureties,
conditioned as provided in paragraph 3, or
(b)
by fixing the amount of the recognizances with a view to their being
taken subsequently, and in the meantime committing him to custody
30
as mentioned in sub-paragraph (1)(a).
      (3)
Where a person is brought before the court after remand, the court may
further remand him.
3     (1)
Where a person is remanded on bail, the court may direct that his
recognizance be conditioned for his appearance—
35
(a)
before that court at the end of the period of remand, or
(b)
at every time and place to which during the course of the
proceedings the hearing may from time to time be adjourned.
      (2)
Where a recognizance is conditioned for a person’s appearance as
mentioned in sub-paragraph (1)(b), the fixing of any time for him next to
40
appear shall be deemed to be a remand.

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Schedule 8 — Injunctions in local authority proceedings: powers to remand
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      (3)
Nothing in this paragraph affects the power of the court at any subsequent
hearing to remand him afresh.
4     (1)
The court shall not remand a person for a period exceeding eight clear days
except that—
(a)
if the court remands him on bail, it may remand him for a longer
5
period if he and the other party consent, and
(b)
if the court adjourns a case under section 22(9) (remand for medical
examination and report) the court may remand him for the period of
adjournment.
      (2)
Where the court has the power to remand a person in custody it may, if the
10
remand is for a period not exceeding three clear days, commit him to the
custody of a constable.
Further remand
5     (1)
If the court is satisfied that a person who has been remanded is unable by
reason of illness or accident to appear or be brought before the court at the
15
expiration of the period for which he was remanded, the court may, in his
absence, remand him for a further time.
      (2)
The power mentioned in sub-paragraph (1) may, in the case of a person who
was remanded on bail, be exercised by enlarging his recognizance and those
of any sureties for him to a later time.
20
      (3)
Where a person remanded on bail is bound to appear before the court at any
time and the court has no power to remand him under sub-paragraph (1),
the court may in his absence enlarge his recognizance and those of any
sureties for him to a later time.
      (4)
The enlargement of his recognizance shall be deemed to be a further
25
remand.
      (5)
Paragraph 4(1) (limit of remand) does not apply to the exercise of the powers
conferred by this paragraph.
Postponement of taking recognizance
6
Where under paragraph 2(2)(b) the court fixes the amount in which the
30
principal and his sureties, if any, are to be bound, the recognizance may
afterwards be taken by such person as may be prescribed by rules of court,
with the same consequences as if it had been entered into before the court.
Requirements imposed on remand on bail
7
The court may when remanding a person on bail under this Schedule
35
require him to comply, before release on bail or later, with such
requirements as appear to the court to be necessary to secure that he does not
interfere with witnesses or otherwise obstruct the course of justice.