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43

 
 

Criminal Justice and Police Act 2001 (c. 16)

 

10         

In section 97 of the Criminal Justice and Police Act 2001 (regulations for

 

police forces), for paragraphs (c) and (d) of subsection (4) there is

 

substituted—

 

“(c)    

the Association of Police Authorities; and

 

(d)    

the Association of Chief Police Officers of England, Wales

 

and Northern Ireland.”

 

Police Reform Act 2002 (c. 30)

 

11         

In section 22 of the Police Reform Act 2002 (power of Independent Police

 

Complaints Commission to issue guidance), for paragraphs (a) and (b)

 

of subsection (3) there is substituted—

 

“(a)    

the Association of Police Authorities;

 

(b)    

the Association of Chief Police Officers; and”.

 

12         

In section 24 of that Act (consultation on regulations), for paragraphs (b)

 

and (c) there is substituted—

 

“(b)    

the Association of Police Authorities;

 

(c)    

the Association of Chief Police Officers; and”.

 

13         

In section 39 of that Act (police powers for contracted-out staff), for

 

paragraphs (a) and (b) of subsection (11) there is substituted—

 

“(a)    

the Association of Police Authorities;

 

(b)    

the Association of Chief Police Officers;”.

 

14         

In section 43 of that Act (railway safety accreditation scheme), in

 

subsection (9)—

 

(a)    

for paragraph (a) there is substituted—

 

“(a)    

the Association of Chief Police Officers;”;

 

(b)    

for paragraph (c) there is substituted—

 

“(c)    

the Association of Police Authorities;”.

 

15         

In section 45 of that Act (code of practice relating to chief officers’ powers

 

under Chapter 1 of Part 4), in subsection (3)—

 

(a)    

for paragraph (c) there is substituted—

 

“(c)    

the Association of Police Authorities;”;

 

(b)    

for paragraph (f) there is substituted—

 

“(f)    

the Association of Chief Police Officers;”.

 

16         

In section 51 of that Act (independent custody visitors for places of

 

detention), for paragraphs (a) and (b) of subsection (7) there is

 

substituted—

 

“(a)    

the Association of Police Authorities;

 

(b)    

the Association of Chief Police Officers; and”.

 

17         

In section 96 of that Act (president of ACPO), the words “of England,

 

Wales and Northern Ireland” are omitted.

 

18         

In section 106 of that Act (general interpretation), at the appropriate

 

place there is inserted—

 

“the Association of Chief Police Officers” means the Association of

 

Chief Police Officers of England, Wales and Northern Ireland;”.”


 
 

44

 

Schedule 6

75

Page 96, line 1, leave out from “that” to first “to” in line 3 and insert “acts as its

 

crime and disorder committee and also acts in one or more other capacities, the

 

reference in sub-paragraph (1)”

76

Page 97, line 5, leave out sub-paragraph (2)

77

Page 97, line 11, at end insert—

 

“Application to the City of London

 

10         

Paragraph 8 does not apply to the crime and disorder committee of the

 

Common Council or to a sub-committee of that committee.

 

11  (1)  

The Common Council may discharge its duty under section 18(1) by

 

itself acting as the crime and disorder committee of the Council, and sub-

 

paragraphs (2) to (4) apply if it does so.

 

      (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

 

the omission of sub-paragraph (2).

 

      (4)  

Paragraph 9, in its application to the Common Council, applies only so

 

far as it relates to sub-committees.

 

12         

In paragraphs 10 and 11 “the Common Council” means the Common

 

Council of the City of London.”

Schedule 9

78

Leave out Schedule 9

Schedule 10

79

Leave out Schedule 10

Schedule 11

80

Leave out Schedule 11

Schedule 14

81

Page 134, line 3, at end insert—

 

“(j)    

forum.”;”

82

Page 134, line 5, leave out “19A”” and insert “19B””

83

Page 134, line 23, at end insert—

 

“19B  

Forum

 

(1)    

If the conduct disclosed by the request was committed

 

partly in the United Kingdom, the judge shall not order


 
 

45

 
 

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 1

 

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.””

84

Page 142, line 5, at end insert—

 

“Bars to extradition

 

    (1)  

Section 79 (bars to extradition) is amended as follows.

 

      (2)  

After paragraph (d) of subsection (1) there is inserted—

 

“(e)    

forum.”

 

      (3)  

In subsection (2), for “83” there is substituted “83A”.

 

      (4)  

After section 83 there is inserted—

 

“83A  

Forum

 

(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

 

follows.

 

      (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.””

Schedule 15

86

Page 146, line 35, at end insert—


 
 

46

 
 

“Prison Act 1952 (c. 52)

 

    (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

 

A1 to this Act”.

 

      (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

 

A1 to this Act”.”

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

 

(1)(c)”.”

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

 

amended as follows.

 

      (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.”

 

      (3)  

In”

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—


 
 

47

 
 

  “(1A)  

In subsection (2), after “such access” there is inserted “or to enable such

 

access to be secured”.”

92

Page 152, line 25, at end insert—

 

Police Act 1996 (c. 16)

 

          

In section 91 of the Police Act 1996 (offence of causing disaffection

 

amongst members of police forces etc), after subsection (2) there is

 

inserted—

 

“(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

 

and persons”.

 

      (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

 

Service,

 

(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

 

follows.

 

      (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—


 
 

48

 
 

            

“In section 9 of the Police Reform Act 2002 (the Independent Police

 

Complaints Commission), in subsection (3)(d), after “section 41” there is

 

inserted “or 41A”.”

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

 

“a chief executive”.

 

      (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

 

youth offending team.””

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

 

England or of”

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

 

Wales or of”

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

 

Service,

 

(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.””


 
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