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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Schedule 26 — Closure orders: premises associated with persistent disorder or nuisance

255

 

(2)   

A chief officer of police who has direction or control of a constable is

not liable for relevant damages in respect of anything done or

omitted to be done by the constable in the performance or purported

performance of functions under this Part.

(3)   

Neither a local authority nor an employee of a local authority is liable

5

for relevant damages in respect of anything done or omitted to be

done by or on behalf of the authority in the performance or

purported performance of functions under this Part.

(4)   

Subsections (1) to (3) do not apply—

(a)   

if the act or omission is shown to have been in bad faith;

10

(b)   

so as to prevent an award of damages made in respect of an

act or omission on the ground that the act or omission was

unlawful by virtue of section 6(1) of the Human Rights Act

1998.

(5)   

This section does not affect any other exemption from liability for

15

damages (whether at common law or otherwise).

(6)   

In this section “relevant damages” means damages in proceedings

for judicial review or for the tort of negligence or misfeasance in

public office.

11J     

Part 1A closure notices and orders: compensation

20

(1)   

This section applies to any person who incurs financial loss in

consequence of—

(a)   

the issue of a Part 1A closure notice, or

(b)   

a Part 1A closure order having effect.

(2)   

A person to whom this section applies may apply to—

25

(a)   

the magistrates’ court which considered the application for a

Part 1A closure order;

(b)   

the Crown Court if the Part 1A closure order was made or

extended by an order made by that Court on an appeal under

section 11F.

30

(3)   

An application under this section must not be entertained unless it is

made not later than the end of the period of 3 months starting with

whichever is the later of—

(a)   

the day the court decides not to make a Part 1A closure order;

(b)   

the day the Crown Court dismisses an appeal against a

35

decision not to make a Part 1A closure order;

(c)   

the day the Part 1A closure order ceases to have effect.

(4)   

On an application under this section the court may order the

payment of compensation out of central funds if it is satisfied—

(a)   

that the person is not associated with such use of the premises

40

as is mentioned in section 11A(1)(b),

(b)   

if the person is the owner or occupier of the premises, that the

person took reasonable steps to prevent such use of the

premises,

(c)   

that the person has incurred financial loss as mentioned in

45

subsection (1), and

 
 

Criminal Justice and Immigration Bill
Schedule 26 — Closure orders: premises associated with persistent disorder or nuisance

256

 

(d)   

having regard to all the circumstances it is appropriate to

order payment of compensation in respect of that loss.

(5)   

In this section “central funds” has the same meaning as in enactments

providing for the payment of costs.

11K     

Interpretation

5

(1)   

This section applies for the purposes of this Part.

(2)   

“Anti-social behaviour” means behaviour by a person which causes

or is likely to cause harassment, alarm or distress to one or more

other persons not of the same household as the person.

(3)   

“The appropriate chief officer”, in relation to—

10

(a)   

any premises, or

(b)   

a Part 1A closure order relating to any premises,

   

means the chief officer of police for the area in which the premises

are situated.

(4)   

“Closed premises” means premises in respect of which a Part 1A

15

closure order has effect.

(5)   

“Local authority”, in relation to England, means—

(a)   

a district council;

(b)   

a London borough council;

(c)   

a county council for an area for which there is no district

20

council;

(d)   

the Common Council of the City of London in its capacity as

a local authority;

(e)   

the Council of the Isles of Scilly.

(6)   

“Local authority”, in relation to Wales, means—

25

(a)   

a county council;

(b)   

a county borough council.

(7)   

References to the local authority in relation to—

(a)   

any premises,

(b)   

a Part 1A closure notice relating to any premises, or

30

(c)   

a Part 1A closure order relating to any premises,

   

are references to the local authority for the area in which the

premises are situated

(8)   

“A local authority Part 1A closure order” means a Part 1A closure

order made or extended on the application of the local authority.

35

(9)   

“The owner”, in relation to premises, means—

(a)   

a person who is for the time being entitled to dispose of the

fee simple in the premises, whether in possession or in

reversion (apart from a mortgagee not in possession), or

(b)   

a person who holds or is entitled to the rents and profits of

40

the premises under a lease which (when granted) was for a

term of not less than 3 years.

(10)   

“A Part 1A closure notice” means a notice issued under section 11A.

(11)   

“A Part 1A closure order” means—

 
 

Criminal Justice and Immigration Bill
Schedule 27 — Nuisance or disturbance on HSS premises

257

 

(a)   

an order made under section 11B;

(b)   

an order extended under section 11E;

(c)   

an order made or extended under section 11F which has the

like effect as an order made or extended under section 11B or

11E (as the case may be).

5

(12)   

“A police Part 1A closure order” means a Part 1A closure order made

or extended on the application of a constable.

(13)   

“Premises” includes—

(a)   

any land or other place (whether enclosed or not);

(b)   

any outbuildings which are or are used as part of premises.”

10

Schedule 27

Section 149

 

Nuisance or disturbance on HSS premises

Offence of causing nuisance or disturbance on HSS premises

1     (1)  

A person commits an offence if—

(a)   

the person causes, without reasonable excuse and while on HSS

15

premises, a nuisance or disturbance to an HSS staff member who is

working there or is otherwise there in connection with work,

(b)   

the person refuses, without reasonable excuse, to leave the HSS

premises when asked to do so by a constable or an HSS staff member,

and

20

(c)   

the person is not on the HSS premises for the purpose of obtaining

medical advice, treatment or care for himself or herself.

      (2)  

A person who commits an offence under this paragraph is liable on

summary conviction to a fine not exceeding level 3 on the standard scale.

      (3)  

For the purposes of this paragraph—

25

(a)   

a person ceases to be on HSS premises for the purpose of obtaining

medical advice, treatment or care for himself or herself once the

person has received the advice, treatment or care, and

(b)   

a person is not on HSS premises for the purpose of obtaining medical

advice, treatment or care for himself or herself if the person has been

30

refused the advice, treatment or care during the last 8 hours.

      (4)  

In this paragraph—

“hospital grounds” means land in the vicinity of a hospital and

associated with it,

“HSS premises” means—

35

(a)   

any hospital vested in, or managed by, an HSS trust,

(b)   

any building or other structure, or vehicle, associated with

the hospital and situated on hospital grounds (whether or not

vested in, or managed by, an HSS trust), and

(c)   

the hospital grounds,

40

“HSS staff member” means a person employed by an HSS trust or

otherwise working for it (whether as or on behalf of a contractor, as

a volunteer or otherwise),

 
 

Criminal Justice and Immigration Bill
Schedule 27 — Nuisance or disturbance on HSS premises

258

 

“HSS trust” means a Health and Social Services trust established under

Article 10 of the Health and Personal Social Services (Northern

Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)), and

“vehicle” includes an air ambulance.

Power to remove person causing nuisance or disturbance

5

2     (1)  

If a constable reasonably suspects that a person is committing or has

committed an offence under paragraph 1, the constable may remove the

person from the HSS premises concerned.

      (2)  

If an authorised officer reasonably suspects that a person is committing or

has committed an offence under paragraph 1, the authorised officer may—

10

(a)   

remove the person from the HSS premises concerned, or

(b)   

authorise an HSS staff member to do so.

      (3)  

Any person removing another person from HSS premises under this

paragraph may use reasonable force (if necessary).

      (4)  

An authorised officer cannot remove a person under this paragraph or

15

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 himself or herself, or

(b)   

the removal of the person would endanger the person’s physical or

20

mental health.

      (5)  

In this paragraph—

“authorised officer” means any HSS staff member authorised by an

HSS trust to exercise the powers conferred on an authorised officer

by this paragraph, and

25

“HSS premises”, “HSS staff member” and “HSS trust” have the same

meaning as in paragraph 1.

Guidance about the power to remove etc.

3     (1)  

The Department of Health, Social Services and Public Safety may from time

to time prepare and publish guidance to HSS trusts and authorised officers

30

about the powers in paragraph 2.

      (2)  

Such guidance may, in particular, relate to—

(a)   

the authorisation by HSS trusts of authorised officers,

(b)   

the authorisation by authorised officers of HSS staff members to

remove persons under paragraph 2,

35

(c)   

training requirements for authorised officers and HSS staff members

authorised by them to remove persons under paragraph 2,

(d)   

matters that may be relevant to a consideration by authorised officers

for the purposes of paragraph 2 of whether offences are being, or

have been, committed under paragraph 1,

40

(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,

 
 

Criminal Justice and Immigration Bill
Schedule 28 — Police misconduct and performance procedures
Part 1 — Amendments to the Police Act 1996

259

 

(f)   

the procedure to be followed by authorised officers or persons

authorised by them before using the power of removal in paragraph

2,

(g)   

the degree of force that it may be appropriate for authorised officers

or persons authorised by them to use in particular circumstances,

5

(h)   

arrangements for ensuring that persons on HSS premises are aware

of the offence in paragraph 1 and the powers of removal in

paragraph 2, or

(i)   

the keeping of records.

      (3)  

Before publishing guidance under this paragraph, the Department of

10

Health, Social Services and Public Safety must consult such persons as the

Department considers appropriate.

      (4)  

An HSS trust and an authorised officer must have regard to any guidance

published under this paragraph when exercising functions under, or in

connection with, paragraph 2.

15

      (5)  

In this paragraph—

“authorised officer” has the same meaning as in paragraph 2, and

“HSS premises”, “HSS staff member” and “HSS trust” have the same

meaning as in paragraph 1.

Schedule 28

20

Section 153

 

Police misconduct and performance procedures

Part 1

Amendments to the Police Act 1996

1          

The Police Act 1996 (c. 16) has effect subject to the following amendments.

General duty of Secretary of State

25

2          

In section 36(2)(d) (general duty of Secretary of State) for “section 85”

substitute “sections 84 and 85”.

Regulations for police forces

3     (1)  

Section 50 (regulations for police forces) is amended as follows.

      (2)  

For subsection (3) substitute—

30

“(3)   

Without prejudice to the powers conferred by this section,

regulations under this section shall—

(a)   

establish, or

(b)   

make provision for the establishment of,

   

procedures for the taking of disciplinary proceedings in respect of

35

the conduct, efficiency and effectiveness of members of police forces,

including procedures for cases in which such persons may be dealt

with by dismissal.”

      (3)  

In subsection (4) omit “, subject to subsection (3)(b),”.

 
 

Criminal Justice and Immigration Bill
Schedule 28 — Police misconduct and performance procedures
Part 1 — Amendments to the Police Act 1996

260

 

Regulations for special constables

4     (1)  

Section 51 (regulations for special constables) is amended as follows.

      (2)  

In subsection (2)(ba) (conduct of special constables) after “conduct” insert “,

efficiency and effectiveness”.

      (3)  

After subsection (2) insert—

5

“(2A)   

Without prejudice to the powers conferred by this section,

regulations under this section shall—

(a)   

establish, or

(b)   

make provision for the establishment of,

   

procedures for the taking of disciplinary proceedings in respect of

10

the conduct, efficiency and effectiveness of special constables,

including procedures for cases in which such persons may be dealt

with by dismissal.”

Police Federations

5          

In section 59(3) (representation only by another member of a police force

15

except in certain circumstances) for “provided by” substitute “provided in

regulations made in accordance with”.

Police Advisory Board

6     (1)  

Section 63(3) (supply of draft regulations to the Police Advisory Board) is

amended as follows.

20

      (2)  

In paragraph (a), for “regulations under section 50 or 52” substitute

“regulations or rules under section 50, 52, 84 or 85”.

      (3)  

After “a draft of the regulations” insert “or rules”.

Representation at disciplinary and other proceedings

7          

For section 84 substitute—

25

“84     

Representation etc. at disciplinary and other proceedings

(1)   

The Secretary of State shall by regulations make provision for or in

connection with—

(a)   

enabling the officer concerned or a relevant authority to be

represented in proceedings conducted under regulations

30

made in pursuance of section 50(3) or section 51(2A);

(b)   

enabling the panel conducting such proceedings to receive

advice from a relevant lawyer or another person falling

within any prescribed description of persons.

(2)   

Regulations under this section may in particular make provision—

35

(a)   

specifying the circumstances in which the officer concerned

or a relevant authority is entitled to be legally represented (by

a relevant lawyer);

(b)   

specifying the circumstances in which the officer concerned

or a relevant authority is entitled to be represented by a

40

person (other than a relevant lawyer) who falls within any

prescribed description of persons;

 
 

Criminal Justice and Immigration Bill
Schedule 28 — Police misconduct and performance procedures
Part 1 — Amendments to the Police Act 1996

261

 

(c)   

for securing that—

(i)   

a relevant authority may be legally represented, and

(ii)   

the panel conducting the proceedings may receive

advice from a relevant lawyer,

   

whether or not the officer concerned is legally represented.

5

(3)   

Without prejudice to the powers conferred by this section,

regulations under this section shall, in relation to cases where the

officer concerned is entitled to legal or other representation, make

provision—

(a)   

for securing that the officer is notified of his right to such

10

representation;

(b)   

specifying when the officer is to be so notified;

(c)   

for securing that proceedings at which the officer may be

dismissed are not to take place unless the officer has been

notified of his right to such representation.

15

(4)   

In this section—

“the officer concerned”, in relation to proceedings within

subsection (1)(a), means the member of a police force or

special constable to whom the proceedings relate;

“the panel”, in relation to proceedings within subsection (1)(a),

20

means the panel of persons, or the person, prescribed for the

purpose of conducting the proceedings;

“prescribed” means prescribed by regulations under this

section;

“relevant authority” means—

25

(a)   

where the officer concerned is a member of a police

force (other than a senior officer), or a special

constable, the chief officer of police of the police force

of which the officer is a member, or for which the

officer is appointed as a special constable;

30

(b)   

where the officer concerned is a senior officer, the

police authority for the police force of which the

officer is a member;

“relevant lawyer” means a person who, for the purposes of the

Legal Services Act 2007, is an authorised person in relation to

35

an activity which constitutes the exercise of a right of

audience (within the meaning of that Act);

“senior officer” means a member of a police force holding a rank

above that of chief superintendent.

(5)   

But in prescribed circumstances “relevant authority” also includes

40

the Independent Police Complaints Commission.

(6)   

Regulations under this section may make different provision for

different cases and circumstances.

(7)   

A statutory instrument containing regulations under this section

shall be subject to annulment in pursuance of a resolution of either

45

House of Parliament.”

 
 

 
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