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| |
| | |
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| Criminal Justice and Police Act 2001 (c. 16) |
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| 10 | In section 97 of the Criminal Justice and Police Act 2001 (regulations for |
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| police forces), for paragraphs (c) and (d) of subsection (4) there is |
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| |
| “(c) | the Association of Police Authorities; and |
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| (d) | the Association of Chief Police Officers of England, Wales |
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| |
| Police Reform Act 2002 (c. 30) |
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| 11 | In section 22 of the Police Reform Act 2002 (power of Independent Police |
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| Complaints Commission to issue guidance), for paragraphs (a) and (b) |
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| of subsection (3) there is substituted— |
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| “(a) | the Association of Police Authorities; |
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| (b) | the Association of Chief Police Officers; and”. |
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| 12 | In section 24 of that Act (consultation on regulations), for paragraphs (b) |
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| and (c) there is substituted— |
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| “(b) | the Association of Police Authorities; |
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| (c) | the Association of Chief Police Officers; and”. |
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| 13 | In section 39 of that Act (police powers for contracted-out staff), for |
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| paragraphs (a) and (b) of subsection (11) there is substituted— |
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| “(a) | the Association of Police Authorities; |
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| (b) | the Association of Chief Police Officers;”. |
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| 14 | In section 43 of that Act (railway safety accreditation scheme), in |
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| |
| (a) | for paragraph (a) there is substituted— |
|
| “(a) | the Association of Chief Police Officers;”; |
|
| (b) | for paragraph (c) there is substituted— |
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| “(c) | the Association of Police Authorities;”. |
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| 15 | In section 45 of that Act (code of practice relating to chief officers’ powers |
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| under Chapter 1 of Part 4), in subsection (3)— |
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| (a) | for paragraph (c) there is substituted— |
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| “(c) | the Association of Police Authorities;”; |
|
| (b) | for paragraph (f) there is substituted— |
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| “(f) | the Association of Chief Police Officers;”. |
|
| 16 | In section 51 of that Act (independent custody visitors for places of |
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| detention), for paragraphs (a) and (b) of subsection (7) there is |
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| |
| “(a) | the Association of Police Authorities; |
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| (b) | the Association of Chief Police Officers; and”. |
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| 17 | In section 96 of that Act (president of ACPO), the words “of England, |
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| Wales and Northern Ireland” are omitted. |
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| 18 | In section 106 of that Act (general interpretation), at the appropriate |
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| |
| “the Association of Chief Police Officers” means the Association of |
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| Chief Police Officers of England, Wales and Northern Ireland;”.” |
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|
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| |
| | |
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|
75 | Page 96, line 1, leave out from “that” to first “to” in line 3 and insert “acts as its |
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| crime and disorder committee and also acts in one or more other capacities, the |
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| reference in sub-paragraph (1)” |
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76 | Page 97, line 5, leave out sub-paragraph (2) |
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77 | Page 97, line 11, at end insert— |
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| “Application to the City of London |
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| 10 | Paragraph 8 does not apply to the crime and disorder committee of the |
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| Common Council or to a sub-committee of that committee. |
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| 11 (1) | The Common Council may discharge its duty under section 18(1) by |
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| itself acting as the crime and disorder committee of the Council, and sub- |
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| paragraphs (2) to (4) apply if it does so. |
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| (2) | In section 18 or 19 or this Schedule, or in section 5 of the Crime and |
|
| Disorder Act 1998 (c. 37) (authorities responsible for crime and disorder |
|
| strategies), a reference to the crime and disorder committee of a local |
|
| authority includes a reference to the Common Council in its capacity as |
|
| crime and disorder committee. |
|
| (3) | Paragraph 2, in its application to the Common Council, has effect with |
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| the omission of sub-paragraph (2). |
|
| (4) | Paragraph 9, in its application to the Common Council, applies only so |
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| far as it relates to sub-committees. |
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| 12 | In paragraphs 10 and 11 “the Common Council” means the Common |
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| Council of the City of London.” |
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|
78 | |
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79 | |
|
80 | |
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81 | Page 134, line 3, at end insert— |
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| |
82 | Page 134, line 5, leave out “19A”” and insert “19B”” |
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83 | Page 134, line 23, at end insert— |
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| |
| (1) | If the conduct disclosed by the request was committed |
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| partly in the United Kingdom, the judge shall not order |
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|
|
| |
| | |
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| the extradition of the person unless it appears in the light |
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| of all the circumstances that it would be in the interests of |
|
| justice that the person should be tried in the category 1 |
|
| |
| (2) | In deciding whether extradition is in the interests of |
|
| justice, the judge shall take into account whether the |
|
| competent United Kingdom authorities have decided to |
|
| refrain from prosecuting the person whose surrender is |
|
| sought for the conduct constituting the offence for which |
|
| extradition is requested.”” |
|
84 | Page 142, line 5, at end insert— |
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| |
| (1) | Section 79 (bars to extradition) is amended as follows. |
|
| (2) | After paragraph (d) of subsection (1) there is inserted— |
|
| |
| (3) | In subsection (2), for “83” there is substituted “83A”. |
|
| (4) | After section 83 there is inserted— |
|
| |
| (1) | If the conduct disclosed by the request was committed partly in |
|
| the United Kingdom, the judge shall not order the extradition of |
|
| the person unless it appears in the light of all the circumstances |
|
| that it would be in the interests of justice that the person should |
|
| be tried in the category 2 territory. |
|
| (2) | In deciding whether extradition is in the interests of justice, the |
|
| judge shall take into account whether the competent United |
|
| Kingdom authorities have decided to refrain from prosecuting |
|
| the person whose surrender is sought for the conduct |
|
| constituting the offence for which extradition is requested.”” |
|
85 | Page 142, line 5, at end insert— |
|
| “14A (1) | Section 84 (case where person has not been convicted) is amended as |
|
| |
| (2) | After subsection (7) there is inserted— |
|
| “(7A) | The Secretary of State may not make an order under subsection |
|
| (7) designating the United States of America for the purposes of |
|
| this section unless there is in force an agreement with the United |
|
| States of America pursuant to which an order for the extradition |
|
| of persons from the United States of America to the United |
|
| Kingdom may be obtained in terms relating to the production of |
|
| information and evidence similar to those which apply to |
|
| extradition from the United Kingdom to the United States of |
|
| America after the designation takes effect.”” |
|
|
86 | Page 146, line 35, at end insert— |
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|
|
| |
| | |
|
| |
| (3) | Section 52 of the Prison Act 1952 (exercise of power to make orders, rules |
|
| and regulations) is amended as follows. |
|
| (4) | In subsection (1), after “of this Act” there is inserted “or under Schedule |
|
| |
| (5) | After subsection (2) there is inserted— |
|
| “(2A) | A statutory instrument containing an order under Schedule A1 |
|
| to this Act shall be subject to annulment in pursuance of a |
|
| resolution of either House of Parliament.” |
|
| (6) | In subsection (3), after “of this Act” there is inserted “or under Schedule |
|
| |
87 | Page 149, line 25, at end insert— |
|
| “Criminal Justice Act 1988 (c. 33) |
|
| 12A | In section 142 of the Criminal Justice Act 1988 (power of justice of the |
|
| peace to authorise entry and search of premises for offensive weapons), |
|
| in subsection (3), for “subsection (1)(b)” there is substituted “subsection |
|
| |
88 | Page 149, line 37, at end insert— |
|
| “Local Government and Housing Act 1989 (c. 43) |
|
| | In section 5 of the Local Government and Housing Act 1989 (designation |
|
| and reports of monitoring officer), in subsection (1), for “the clerk to the |
|
| authority” there is substituted “the chief executive of the authority”.” |
|
89 | Page 150, leave out line 14 and insert— |
|
| “(1) | Section 5 of that Act (significant links with domestic jurisdiction) is |
|
| |
| (2) | In subsection (2), for paragraph (b) there is substituted— |
|
| “(b) | that any computer containing any program or data to |
|
| which the accused by doing that act secured or intended |
|
| to secure unauthorised access, or enabled or intended to |
|
| enable unauthorised access to be secured, was in the |
|
| home country concerned at that time.” |
|
| |
90 | Page 150, line 39, at end insert— |
|
| “(1A) | In subsection (1), for paragraph (b) there is substituted— |
|
| “(b) | any computer containing any program or data to which |
|
| the accused by doing that act secured or intended to |
|
| secure unauthorised access, or enabled or intended to |
|
| enable unauthorised access to be secured, was in the |
|
| sheriffdom at that time.”” |
|
91 | Page 152, line 16, at end insert— |
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|
|
| |
| | |
|
| “(1A) | In subsection (2), after “such access” there is inserted “or to enable such |
|
| |
92 | Page 152, line 25, at end insert— |
|
| |
| | In section 91 of the Police Act 1996 (offence of causing disaffection |
|
| amongst members of police forces etc), after subsection (2) there is |
|
| |
| “(3) | Liability under subsection (1) for any behaviour is in addition to |
|
| any civil liability for that behaviour.”” |
|
93 | Page 153, line 14, at end insert— |
|
| “Audit Commission Act 1998 (c. 18) |
|
| (1) | Section 37 of the Audit Commission Act 1998 is amended as follows. |
|
| (2) | In the heading, for “CHAI and CSCI” there is substituted “other bodies |
|
| |
| (3) | After subsection (1) there is inserted— |
|
| “(1A) | The Audit Commission may provide assistance to— |
|
| (a) | Her Majesty’s Chief Inspector of Prisons, |
|
| (b) | Her Majesty’s Inspectors of Constabulary, |
|
| (c) | Her Majesty’s Chief Inspector of the Crown Prosecution |
|
| |
| (d) | Her Majesty’s Inspectorate of the National Probation |
|
| Service for England and Wales, and |
|
| (e) | Her Majesty’s Inspectorate of Court Administration, |
|
| | in the discharge of any of their functions.” |
|
| (4) | For subsection (2) there is substituted— |
|
| “(2) | Assistance under subsection (1) or (1A) may be provided on such |
|
| terms, including terms as to payment, as the Audit Commission |
|
| and the body or person in question may agree.”” |
|
94 | Page 153, line 18, at end insert— |
|
| “Youth Justice and Criminal Evidence Act 1999 (c. 23) |
|
| 31A(5) | The Youth Justice and Criminal Evidence Act 1999 is amended as |
|
| |
| (6) | In the cross-heading before section 47 (restrictions on reporting |
|
| directions under Chapter 1 or 2 of Part 2) and in the heading to that |
|
| section, for “Chapter I or II” there is substituted “Chapter 1, 1A or 2”. |
|
| (7) | In section 47, in subsection (2)(a), after “section 19”, in the first place it |
|
| occurs, there is inserted “, 33A”.” |
|
95 | Page 154, line 6, at end insert— |
|
|
|
| |
| | |
|
| | “In section 9 of the Police Reform Act 2002 (the Independent Police |
|
| Complaints Commission), in subsection (3)(d), after “section 41” there is |
|
| |
96 | Page 157, line 19, at end insert— |
|
| “(1) | In Schedule 4 to that Act (British Transport Police Authority), in |
|
| paragraph 11(b) (appointment of clerk), for “a clerk” there is substituted |
|
| |
| (2) | A person holding office as clerk to the British Transport Police Authority |
|
| on the commencement of this paragraph continues in that office as chief |
|
| executive of the authority.” |
|
97 | Page 157, line 24, leave out paragraph 46 and insert— |
|
| “46(3) | Section 26 of that Act (parenting orders in respect of criminal conduct |
|
| and anti-social behaviour) is amended as follows. |
|
| (4) | In the heading, at the end there is inserted “: youth offending teams”. |
|
| (5) | After subsection (8) there is inserted— |
|
| “(9) | A person is eligible to be the responsible officer in relation to a |
|
| parenting order under this section only if he is a member of a |
|
| |
98 | Page 158, line 9, leave out from first “officers” to “registered” in line 10 and insert |
|
| “in relation to parenting orders made on the application of local authorities in |
|
| |
99 | Page 158, line 18, leave out from first “officers” to “registered” in line 19 and insert |
|
| “in relation to parenting orders made on the application of local authorities in |
|
| |
100 | Page 158, line 30, leave out from “29),” to end of line 42 and insert “in the definition |
|
| of “responsible officer”, for the words after “means” there is substituted “the |
|
| person who is specified as such in the order,”” |
|
101 | Page 159, line 13, at end insert— |
|
| “Public Audit (Wales) Act 2004 (c. 23) |
|
| | After section 67 of the Public Audit (Wales) Act 2004 there is inserted— |
|
| “67A | Assistance by Auditor General to inspectorates |
|
| (1) | The Auditor General for Wales may provide assistance to— |
|
| (a) | Her Majesty’s Chief Inspector of Prisons, |
|
| (b) | Her Majesty’s Inspectors of Constabulary, |
|
| (c) | Her Majesty’s Chief Inspector of the Crown Prosecution |
|
| |
| (d) | Her Majesty’s Inspectorate of the National Probation |
|
| Service for England and Wales, and |
|
| (e) | Her Majesty’s Inspectorate of Court Administration, |
|
| | in the discharge of any of their functions. |
|
| (2) | Assistance under subsection (1) may be provided on such terms, |
|
| including terms as to payment, as the Auditor General for Wales |
|
| and the body or person in question may agree.”” |
|
|