Policing and Crime Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Policing and Crime Bill

Policing and Crime Bill
Schedule 2 — Closure orders
115

Extension and discharge of closure orders
136H
Applications for extension of closure order
(1)
At any time before the end of the period for which a closure order is
made or extended a constable may make a complaint to the
appropriate judicial officer for an extension or further extension of
5
the period for which it has effect.
(2)
A complaint may not be made under subsection (1) unless it is
authorised by a member of a police force not below the rank of
superintendent.
(3)
Authorisation may be given under subsection (2) if two conditions
10
are met.
(4)
The first condition is that the officer has reasonable grounds for
believing that it is necessary to extend the period for which the order
has effect to prevent the premises being used for activities related to
any of the specified prostitution or pornography offences in respect
15
of which section 136D(9) applied.
(5)
The second condition is that the officer is satisfied that the local
authority has been consulted about the intention to make a
complaint.
(6)
If a complaint is made under subsection (1) the appropriate judicial
20
officer may issue a summons directed to—
(a)
any person on whom the closure notice relating to the closed
premises was served under section 136C(3)(d) or (4), or
(b)
any other person who appears to the judicial officer to have
an interest in the closed premises but on whom the closure
25
notice was not served,

requiring such person to appear before the magistrates' court to
answer to the complaint.
(7)
If a summons is issued in accordance with subsection (6), a notice
stating the date and time when, and the place at which, the complaint
30
will be heard must be served on—
(a)
the persons to whom the summons is directed,
(b)
such constable as the judicial officer thinks appropriate
(unless the complainant is a constable), and
(c)
the local authority.
35
(8)
In this section “the appropriate judicial officer” means—
(a)
in the application of this section to England and Wales, a
justice of the peace;
(b)
in the application of this section to Northern Ireland, a lay
magistrate.
40
136I
Orders extending closure orders
(1)
This section applies where a complaint is made under section 136H.
(2)
The court may make an order extending the period for which the
closure order has effect by a period specified in the order if the court
is satisfied that the extension is necessary to prevent the premises
45

Policing and Crime Bill
Schedule 2 — Closure orders
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being used for activities related to any of the specified prostitution or
pornography offences in respect of which section 136D(9) applied.
(3)
The period specified in the order may not exceed 3 months.
(4)
The total period for which a closure order has effect may not exceed
6 months.
5
(5)
An order under this section may include such provision as the court
thinks appropriate relating to access to any other part of a building
or other structure in which the premises are situated.
136J
Discharge of closure order
(1)
Any of the following persons may make a complaint to an
10
appropriate judicial officer for an order that a closure order be
discharged—
(a)
a constable;
(b)
the local authority;
(c)
a person on whom the closure notice relating to the closed
15
premises was served under section 136C(3)(d) or (4);
(d)
any other person who has an interest in the closed premises
but on whom the closure notice was not served.
(2)
If a complaint is made under subsection (1) by a person other than a
constable the judicial officer may issue a summons directed to such
20
constable as the judicial officer thinks appropriate requiring the
constable to appear before the magistrates' court to answer to the
complaint.
(3)
The court may not make an order discharging a closure order unless
it is satisfied that the order is no longer necessary to prevent the
25
premises being used for activities related to any of the specified
prostitution or pornography offences in respect of which section
136D(9) applied.
(4)
If a complaint is made under subsection (1), a notice stating the date
and time when, and the place at which, the complaint will be heard
30
must be served on—
(a)
the persons mentioned in subsection (1)(c) and (d) (other than
the complainant),
(b)
a constable (unless a constable is the complainant), and
(c)
the local authority (unless it is the complainant).
35
(5)
In this section “appropriate judicial authority” has the same meaning
as in section 136H.
Appeals against closure orders etc.
136K
Appeals
(1)
An appeal against an order under section 136D or 136I, or an appeal
40
against a decision not to be make an order under section 136J, may
be made to the appropriate appeal court by—
(a)
a person on whom the closure notice relating to the closed
premises was served under section 136C(3)(d), or

Policing and Crime Bill
Schedule 2 — Closure orders
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(b)
any other person who has an interest in the closed premises
but on whom the closure notice was not served.
(2)
An appeal against a decision of a court not to make an order under
section 136D or 136I, or an appeal against an order under section
136J, may be made to the appropriate appeal court by—
5
(a)
a constable, or
(b)
the local authority.
(3)
An appeal under subsection (1) or (2) must be made before the end
of the period of 21 days beginning with the day on which the order
or decision is made.
10
(4)
On an appeal under this section the court may make such order as it
thinks appropriate.
(5)
In this section “the appropriate appeal court” means—
(a)
in the application of this section to England and Wales, the
Crown Court;
15
(b)
in the application of this section to Northern Ireland, the
county court.
Access to other premises
136L
Access to other premises
(1)
This section applies to any person who occupies or has an interest in
20
any part of a building or other structure—
(a)
in which closed premises are situated, and
(b)
in respect of which the closure order does not have effect.
(2)
A person to whom this section applies may at any time while a
closure order has effect apply to—
25
(a)
the magistrates' court in respect of an order made under
section 136D or 136I, or
(b)
the appropriate appeal court in respect of an order made by
that court under section 136K.
(3)
If an application is made under this section notice of the date and
30
time when, and the place at which, the hearing to consider the
application will take place must be given to—
(a)
a constable,
(b)
the local authority.
(c)
each person on whom the closure notice relating to the closed
35
premises was served under section 136C(3)(d) or (4), and
(d)
any other person who appears to the court to have an interest
in the closed premises but on whom the closure notice was
not served.
(4)
On an application under this section the court may make such order
40
as it thinks appropriate in relation to access to any other part of a
building or other structure in which the closed premises are situated.
(5)
It is immaterial whether any provision has been made as mentioned
in section 136E(3) or 136I(5).

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Schedule 2 — Closure orders
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(6)
In this section “appropriate appeal court” has the same meaning as
in section 136K.
Reimbursement of costs, compensation etc.
136M
Reimbursement of costs
(1)
A police authority or a local authority which incurs expenditure for
5
the purpose of clearing, securing, repairing or maintaining closed
premises may apply to the court which made the closure order for an
order under this section.
(2)
On an application under this section, the court may make such order
as it thinks appropriate in the circumstances for the reimbursement
10
(in full or in part) by the owner of the premises of the expenditure
mentioned in subsection (1).
(3)
An application under this section must not be entertained unless it is
made before the end of the period of three months beginning with
the day the closure order ceases to have effect.
15
(4)
An application under this section must be served on—
(a)
the police authority for the area in which the premises are
situated, if the application is made by the local authority,
(b)
the local authority, if the application is made by a police
authority, and
20
(c)
the owner of the premises.
(5)
In the application of this section to Northern Ireland references to the
police authority are to be read as references to the Northern Ireland
Policing Board.
136N
Exemption from liability for certain damages
25
(1)
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 the constable’s functions under this Part.
(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
30
omitted to be done by the constable in the performance or purported
performance of the constable's functions under this Part.
(3)
An authorised person is not liable for relevant damages in respect of
anything done or omitted to be done by the authorised person in the
performance or purported performance of the authorised person’s
35
functions under this Part.
(4)
No person is vicariously liable for anything done or omitted to be
done by an authorised person as mentioned in subsection (3).
(5)
Subsections (1) to (4) do not apply—
(a)
if the act or omission is shown to have been in bad faith;
40
(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 (c 42).

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Schedule 2 — Closure orders
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(6)
This section does not affect any other exemption from liability for
damages (whether at common law or otherwise).
(7)
In this section—
(a)
“authorised person” has the same meaning as in section 136F;
(b)
“relevant damages” means damages in proceedings for
5
judicial review or for the tort of negligence or misfeasance in
public office.
(8)
In the application of this section to Northern Ireland, the reference in
subsection (2) to the chief officer of police is to be read as a reference
to the Chief Constable of the Police Service of Northern Ireland.
10
136O
Compensation
(1)
A person who claims to have incurred financial loss in consequence
of a closure notice or closure order may apply for compensation.
(2)
The application must be made—
(a)
to the appropriate appeal court, if the closure order was made
15
or extended by an order of that court on an appeal under
section 136K;
(b)
in any other case, to the magistrates' court which considered
the application for a closure order.
(3)
In a case where a closure notice is issued but a closure order is not
20
made, the application must not be entertained unless it is made
before the end of the period of three months beginning with—
(a)
the day the magistrates’ court decides not to make a closure
order, or
(b)
if there is an appeal against that decision, the day the
25
appropriate appeal court dismisses that appeal.
(4)
In a case where a closure order is made, the application must not be
entertained unless it is made before the end of the period of three
months beginning with the day the closure order ceases to have
effect.
30
(5)
The court which hears the application may order the payment of
compensation out of central funds if it is satisfied—
(a)
that the person was not associated with the use of the
premises for the activities in relation to which the first
condition in section 136B was met,
35
(b)
if the person is the owner or occupier of the premises, that the
person took reasonable steps to prevent that use,
(c)
that the person has incurred financial loss as mentioned in
subsection (1), and
(d)
having regard to all the circumstances it is appropriate to
40
order payment of compensation in respect of that loss.
(6)
In this section—
(a)
“appropriate appeal court” has the same meaning as in
section 136K;
(b)
“central funds” has the same meaning as in enactments
45
providing for the payment of costs.

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Schedule 2 — Closure orders
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(7)
In the application of this section to Northern Ireland—
(a)
the reference in subsection (5) to “central funds” is to be read
as a reference to monies provided by Parliament, and
(b)
subsection (6)(b) is omitted.
General
5
136P
Guidance
(1)
The Secretary of State may issue guidance relating to the discharge
of any functions under or for the purposes of this Part by a constable
or by an authorised person (within the meaning of section 136F).
(2)
A person discharging a function to which guidance under this
10
section relates must have regard to the guidance in discharging the
function.
136Q
Issue of closure notices by persons other than police officers
(1)
The Secretary of State may by order amend this Part so as to extend
the power to authorise the issue of a closure notice to persons other
15
than members of police forces.
(2)
An order under subsection (1) may make such further amendments
of this Part as the Secretary of State thinks appropriate in
consequence of the extension of that power to persons other than
members of police forces.
20
136R
Interpretation
(1)
This section applies for the purposes of this Part.
(2)
“A closure notice” means a notice issued under section 136B.
(3)
“A closure order” means—
(a)
an order made under section 136D;
25
(b)
an order extended under section 136I;
(c)
an order made or extended under section 136K which has the
like effect as an order made or extended under section 136D
or 136I (as the case may be).
(4)
“Closed premises” means premises in respect of which a closure
30
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
35
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—
40
(a)
a county council;
(b)
a county borough council.

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Schedule 2 — Closure orders
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(7)
“Local authority”, in relation to Northern Ireland, means a district
council.
(8)
In the application of this Part to England and Wales, references to the
local authority in relation to—
(a)
any premises,
5
(b)
a closure notice relating to any premises, or
(c)
a closure order relating to any premises,

are references to the local authority for the area in which the
premises are situated.
(9)
In the application of this Part to Northern Ireland, references to the
10
local authority in relation to—
(a)
any premises,
(b)
a closure notice relating to any premises, or
(c)
a closure order relating to any premises,

are references to the council for the district in which the premises are
15
situated.
(10)
In the application of this Part to Northern Ireland, the reference in
section 136B(7)(a) to the area is to be read as a reference to the district.
(11)
“The owner”, in relation to premises, means—
(a)
a person who, whether alone or jointly with another person,
20
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);
(b)
a person who, whether alone or jointly with another person,
holds or is entitled to the rents and profits of the premises
25
under a lease which (when granted) was for a term of not less
than 3 years.
(12)
“Premises” includes—
(a)
any land or other place (whether enclosed or not);
(b)
any outbuildings which are, or are used as, part of the
30
premises.
(13)
“Specified prostitution offence” means an offence listed in section
136A(2).
(14)
“Specified pornography offence” means an offence listed in section
136A(3).”
35
2
In section 138 of that Act (orders and regulations), in subsection (2) for “or
section 130” substitute “, section 130 or section 136Q(1)”.
3
In section 142 of that Act (extent), in subsection (2)(c) for “Part 2” substitute
“Parts 2 and 2A”.