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