|
| |
|
(a) | a National Health Service trust (see section 25 of the National |
| |
Health Service Act 2006 (c. 41)), all or most of whose hospitals, |
| |
establishments and facilities are situated in England, |
| |
(b) | a Primary Care Trust (see section 18 of that Act), or |
| |
(c) | an NHS foundation trust (see section 30 of that Act), and |
| 5 |
“vehicle” includes an air ambulance. |
| |
105 | Power to remove person causing nuisance or disturbance |
| |
(1) | If a constable reasonably suspects that a person is committing or has |
| |
committed an offence under section 104, the constable may remove the person |
| |
from the NHS premises concerned. |
| 10 |
(2) | If an authorised officer reasonably suspects that a person is committing or has |
| |
committed an offence under section 104, the authorised officer may— |
| |
(a) | remove the person from the NHS premises concerned, or |
| |
(b) | authorise an NHS staff member to do so. |
| |
(3) | Any person removing another person from NHS premises under this section |
| 15 |
may use reasonable force (if necessary). |
| |
(4) | An authorised officer cannot remove a person under this section or authorise |
| |
another person to do so if the authorised officer has reason to believe that— |
| |
(a) | the person to be removed requires medical advice, treatment or care for |
| |
| 20 |
(b) | the removal of the person would endanger the person’s physical or |
| |
| |
| |
“authorised officer” means any NHS staff member authorised by a |
| |
relevant English NHS body to exercise the powers conferred on an |
| 25 |
authorised officer by this section, and |
| |
“NHS premises”, “NHS staff member” and “relevant English NHS body” |
| |
have the same meaning as in section 104. |
| |
106 | Guidance about the power to remove etc. |
| |
(1) | The Secretary of State may from time to time prepare and publish guidance to |
| 30 |
relevant English NHS bodies and authorised officers about the powers in |
| |
| |
(2) | Such guidance may, in particular, relate to— |
| |
(a) | the authorisation by relevant English NHS bodies of authorised |
| |
| 35 |
(b) | the authorisation by authorised officers of NHS staff members to |
| |
remove persons under section 105, |
| |
(c) | training requirements for authorised officers and NHS staff members |
| |
authorised by them to remove persons under section 105, |
| |
(d) | matters that may be relevant to a consideration by authorised officers |
| 40 |
for the purposes of section 105 of whether offences are being, or have |
| |
been, committed under section 104, |
| |
(e) | matters to be taken into account by authorised officers in deciding |
| |
whether there is reason to believe that a person requires medical |
| |
|
| |
|
| |
|
advice, treatment or care for himself or herself or that the removal of a |
| |
person would endanger the person’s physical or mental health, |
| |
(f) | the procedure to be followed by authorised officers or persons |
| |
authorised by them before using the power of removal in section 105, |
| |
(g) | the degree of force that it may be appropriate for authorised officers or |
| 5 |
persons authorised by them to use in particular circumstances, |
| |
(h) | arrangements for ensuring that persons on NHS premises are aware of |
| |
the offence in section 104 and the powers of removal in section 105, or |
| |
(i) | the keeping of records. |
| |
(3) | Before publishing guidance under this section, the Secretary of State must |
| 10 |
consult such persons as the Secretary of State considers appropriate. |
| |
(4) | A relevant English NHS body and an authorised officer must have regard to |
| |
any guidance published under this section when exercising functions under, or |
| |
in connection with, section 105. |
| |
| 15 |
“authorised officer” has the same meaning as in section 105, and |
| |
“NHS premises”, “NHS staff member” and “relevant English NHS body” |
| |
have the same meaning as in section 104. |
| |
107 | Nuisance or disturbance on HSS premises |
| |
Schedule 18 makes provision for Northern Ireland corresponding to the |
| 20 |
provision made for England by sections 104 to 106. |
| |
Anti-social behaviour orders etc. in respect of children and young persons |
| |
108 | Review of anti-social behaviour orders etc. |
| |
(1) | In Part 1 of the Crime and Disorder Act 1998 (c. 37) (prevention of crime and |
| |
disorder) after section 1I insert— |
| 25 |
“1J | Review of orders under sections 1, 1B and 1C |
| |
(1) | This section applies where— |
| |
(a) | an anti-social behaviour order, |
| |
(b) | an order under section 1B, or |
| |
(c) | an order under section 1C, |
| 30 |
| has been made in respect of a person under the age of 17. |
| |
| |
(a) | the person subject to the order will be under the age of 18 at the |
| |
end of a period specified in subsection (3) (a “review period”), |
| |
| 35 |
(b) | the term of the order runs until the end of that period or beyond, |
| |
| then before the end of that period a review of the operation of the order |
| |
| |
(3) | The review periods are— |
| |
(a) | the period of 12 months beginning with— |
| 40 |
(i) | the day on which the order was made, or |
| |
|
| |
|
| |
|
(ii) | if during that period there is a supplemental order (or |
| |
more than one), the date of the supplemental order (or |
| |
| |
(b) | a period of 12 months beginning with— |
| |
(i) | the day after the end of the previous review period, or |
| 5 |
(ii) | if during that period there is a supplemental order (or |
| |
more than one), the date of the supplemental order (or |
| |
| |
(4) | In subsection (3) “supplemental order” means— |
| |
(a) | a further order varying the order in question; |
| 10 |
(b) | an individual support order made in relation to the order in |
| |
question on an application under section 1AA(1A). |
| |
(5) | Subsection (2) does not apply in relation to any review period if the |
| |
order is discharged before the end of that period. |
| |
(6) | A review under this section shall include consideration of— |
| 15 |
(a) | the extent to which the person subject to the order has complied |
| |
| |
(b) | the adequacy of any support available to the person to help him |
| |
| |
(c) | any matters relevant to the question whether an application |
| 20 |
should be made for the order to be varied or discharged. |
| |
(7) | Those carrying out or participating in a review under this section shall |
| |
have regard to any guidance issued by the Secretary of State when |
| |
| |
(a) | how the review should be carried out; |
| 25 |
(b) | what particular matters should be dealt with by the review; |
| |
(c) | what action (if any) it would be appropriate to take in |
| |
consequence of the findings of the review. |
| |
1K | Responsibility for, and participation in, reviews under section 1J |
| |
(1) | A review under section 1J of an anti-social behaviour order or an order |
| 30 |
under section 1B shall be carried out by the relevant authority that |
| |
| |
(2) | A review under section 1J of an order under section 1C shall be carried |
| |
| |
(a) | (except where paragraph (b) applies) by the appropriate chief |
| 35 |
| |
(b) | where a relevant authority is specified under section 1C(9ZA), |
| |
| |
(3) | A local authority, in carrying out a review under section 1J, shall act in |
| |
co-operation with the appropriate chief officer of police; and it shall be |
| 40 |
the duty of that chief officer to co-operate in the carrying out of the |
| |
| |
(4) | The chief officer of police of a police force, in carrying out a review |
| |
under section 1J, shall act in co-operation with the appropriate local |
| |
authority; and it shall be the duty of that local authority to co-operate |
| 45 |
in the carrying out of the review. |
| |
|
| |
|
| |
|
(5) | A relevant authority other than a local authority or chief officer of |
| |
police, in carrying out a review under section 1J, shall act in co- |
| |
| |
(a) | the appropriate local authority, and |
| |
(b) | the appropriate chief officer of police; |
| 5 |
| and it shall be the duty of that local authority and that chief officer to |
| |
co-operate in the carrying out of the review. |
| |
(6) | A chief officer of police or other relevant authority carrying out a |
| |
review under section 1J may invite the participation in the review of a |
| |
person or body not required by subsection (3), (4) or (5) to co-operate in |
| 10 |
the carrying out of the review. |
| |
| |
“the appropriate chief officer of police” means the chief officer of |
| |
police of the police force maintained for the police area in which |
| |
the person subject to the order resides or appears to reside; |
| 15 |
“the appropriate local authority” means the council for the local |
| |
government area (within the meaning given in section 1(12)) in |
| |
which the person subject to the order resides or appears to |
| |
| |
(2) | In section 1(1A) of that Act (meaning of “relevant authority”) for “1CA, 1E and |
| 20 |
1F” substitute “1C, 1CA, 1E, IF and 1K”. |
| |
(3) | In section 1C of that Act (orders on conviction in criminal proceedings) after |
| |
| |
“(9ZA) | An order under this section made in respect of a person under the age |
| |
of 17, or an order varying such an order, may specify a relevant |
| 25 |
authority (other than the chief officer of police mentioned in section |
| |
1K(2)(a)) as being responsible for carrying out a review under section |
| |
1J of the operation of the order.” |
| |
109 | Individual support orders |
| |
(1) | In section 1AA of the Crime and Disorder Act 1998 (c. 37) (individual support |
| 30 |
orders) for subsection (1) and the words in subsection (2) before paragraph (a) |
| |
| |
“(1) | This section applies where a court makes an anti-social behaviour order |
| |
in respect of a defendant who is a child or young person when that |
| |
| 35 |
(1A) | This section also applies where— |
| |
(a) | an anti-social behaviour order has previously been made in |
| |
respect of such a defendant; |
| |
(b) | an application is made by complaint to the court which made |
| |
that order, by the relevant authority which applied for it, for an |
| 40 |
order under this section; and |
| |
(c) | at the time of the hearing of the application— |
| |
(i) | the defendant is still a child or young person, and |
| |
(ii) | the anti-social behaviour order is still in force. |
| |
|
| |
|
| |
|
(1B) | The court must consider whether the individual support conditions are |
| |
fulfilled and, if satisfied that they are, must make an individual support |
| |
| |
(2) | An individual support order is an order which—”. |
| |
(2) | In subsection (3)(a) of that section, for the words after “the kind of behaviour |
| 5 |
which led to” substitute “the making of— |
| |
(i) | the anti-social behaviour order, or |
| |
(ii) | an order varying that order (in a case where the |
| |
variation is made as a result of further anti-social |
| |
behaviour by the defendant);”. |
| 10 |
(3) | In subsection (5) of that section, for “which led to the making of the anti-social |
| |
behaviour order” substitute “mentioned in subsection (3)(a) above”. |
| |
(4) | In section 1(1A) of that Act (meaning of “relevant authority”) after “and |
| |
| |
(5) | In section 1AB of that Act (which makes further provision about individual |
| 15 |
support orders) after subsection (5) insert— |
| |
“(5A) | The period specified as the term of an individual support order made |
| |
on an application under section 1AA(1A) above must not be longer |
| |
than the remaining part of the term of the anti-social behaviour order |
| |
as a result of which it is made.” |
| 20 |
(6) | In section 1B of that Act (orders in county court proceedings) after subsection |
| |
| |
“(8) | Sections 1AA and 1AB apply in relation to orders under this section, |
| |
with any necessary modifications, as they apply in relation to anti- |
| |
| 25 |
(9) | In their application by virtue of subsection (8), sections 1AA(1A)(b) and |
| |
1AB(6) have effect as if the words “by complaint” were omitted.” |
| |
(7) | In section 1C of that Act (orders on conviction in criminal proceedings) after |
| |
| |
“(9AA) | Sections 1AA and 1AB apply in relation to orders under this section, |
| 30 |
with any necessary modifications, as they apply in relation to anti- |
| |
| |
(9AB) | In their application by virtue of subsection (9AA), sections 1AA(1A)(b) |
| |
and 1AB(6) have effect as if the words “by complaint” were omitted. |
| |
(9AC) | In its application by virtue of subsection (9AA), section 1AA(1A)(b) has |
| 35 |
effect as if the reference to the relevant authority which applied for the |
| |
anti-social behaviour order were a reference to the chief officer of |
| |
police, or other relevant authority, responsible under section 1K(2)(a) |
| |
or (b) for carrying out a review of the order under this section.” |
| |
|
| |
|