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Policing and Crime Bill


Policing and Crime Bill
Schedule 5 — Amendment of Part 3 of the Aviation Security Act 1982
Part 2 — Transitional and saving provision

135

 

(f)   

after the definitions of “relevant police area” and “relevant

constable” insert—

““security executive group” and “security measures” have the

same meaning as in Part 2A;”.

      (3)  

After subsection (1) insert—

5

“(1A)   

If an aerodrome ceases to be a relevant aerodrome, but subsequently

becomes such an aerodrome again, this Part applies in relation to the

aerodrome with the following modifications—

(a)   

section 25B(2) applies as if the reference to the first

aerodrome security plan were a reference to the first

10

aerodrome security plan after the time when the aerodrome

becomes a relevant aerodrome again,

(b)   

section 25C applies as if the reference in subsection (2) to the

first police services agreement were a reference to the first

police services agreement after the time when the aerodrome

15

becomes a relevant aerodrome again, and

(c)   

section 26(2CA) applies as if the reference to the time when

an aerodrome security plan is first required to be in force

were a reference to the time when an aerodrome security plan

is first required to be in force by virtue of the aerodrome

20

becoming a relevant aerodrome again.”

      (4)  

For subsection (2) substitute—

“(2)   

In the application of this Part to Scotland—

(a)   

references to the chief officer of police for the relevant police

area shall be construed as references to the chief constable of

25

the police force for that area, and

(b)   

references to the police authority for the relevant police area

shall, where a joint police board is constituted for that area in

accordance with an amalgamation scheme made under the

Police (Scotland) Act 1967 (c. 77), be construed as references

30

to that joint police board.”

      (5)  

In subsection (3)(a) for “the references in section 25(1) of this Act and”

substitute “the reference in”.

12         

In section 39 (extension of Act outside United Kingdom), in subsection (3),

after “provisions of” (in the words in brackets) insert “Part 2A or”.

35

Part 2

Transitional and saving provision

13    (1)  

This paragraph applies in relation to an aerodrome if, immediately before

commencement, the aerodrome was a designated aerodrome.

      (2)  

In relation to any time before a police services agreement is required to be in

40

force in relation to the aerodrome by virtue of the amendments made by

paragraph 5 of this Schedule, section 25B(2) to (6) and (8) to (10) of the 1982

Act (as it had effect immediately before commencement) continues to apply

in relation to the aerodrome as if it continued to be a designated aerodrome.

      (3)  

For the purposes of any police services agreement which is required to be in

45

force by virtue of sub-paragraph (2), other than one which was entered into

 
 

Policing and Crime Bill
Schedule 6 — Minor and consequential amendments
Part 1 — Police collaboration

136

 

before commencement, section 25A of the 1982 Act (as it had effect

immediately before commencement) continues to apply in relation to the

aerodrome as if it continued to be a designated aerodrome.

      (4)  

In the following provisions of this paragraph, a police services agreement

which is required to be in force in relation to an aerodrome by virtue of sub-

5

paragraph (2) is referred to as a designated airport police services

agreement.

      (5)  

A designated airport police services agreement ceases to be in force

immediately before a police services agreement is required to be in force in

the relation to the aerodrome by virtue of the amendments made by

10

paragraph 5 of this Schedule (unless the designated airport police services

agreement has previously ceased to be in force).

      (6)  

Except as provided by sub-paragraph (5), nothing in Part 1 of this Schedule

affects the operation of a designated airport police services agreement or the

application of the following provisions of the 1982 Act in relation to such an

15

agreement—

(a)   

section 26(2B);

(b)   

section 29A(1), (2)(a) and (3) and sections 29B to 29D.

      (7)  

So far as is necessary for the purposes of this paragraph, section 31 of the

1982 Act (as it had effect immediately before commencement) continues to

20

have effect.

      (8)  

In this paragraph—

(a)   

“commencement” means the commencement of section 61;

(b)   

“the 1982 Act” means the Aviation Security Act 1982 (c. 36).

Schedule 6

25

Section 86

 

Minor and consequential amendments

Part 1

Police collaboration

Police Act 1996 (c. 16)

1          

The Police Act 1996 is amended as follows.

30

2          

In section 9A (general functions of the Commissioner of Police of the

Metropolis) after subsection (1) insert—

“(1A)   

Subsection (1) is subject to any provision included in a police force

collaboration agreement by virtue of section 23(4).”

3          

In section 10 (general functions of chief constables) after subsection (1)

35

insert—

“(1A)   

Subsection (1) is subject to any provision included in a police force

collaboration agreement by virtue of section 23(4).”

 
 

Policing and Crime Bill
Schedule 6 — Minor and consequential amendments
Part 1 — Police collaboration

137

 

4          

In section 15(2) (direction and control of civilian employees) after “, subject

to” insert “any provision included in a police force collaboration agreement

by virtue of section 23(4) and to”.

5          

In section 18 (supply of goods and services) after subsection (2) insert—

“(3)   

A police authority may not enter into an agreement with another

5

police authority under section 1 of the 1970 Act in respect of a matter

which could be the subject of a police authority collaboration

agreement.”

6          

In section 27(2) (special constables) after “Subject to” insert “provision

included in a police force collaboration agreement by virtue of

10

section 23(4),”.

7          

In section 30 (jurisdiction)—

(a)   

in subsection (3A) for “section 23 or 24” substitute “section 24”, and

(b)   

after subsection (3A) insert—

“(3B)   

Where a member of the British Transport Police Force is for

15

the time being under the direction and control of the chief

officer of another police force by virtue of a police force

collaboration agreement under section 23, the member shall

have all the powers and privileges of a member of that other

force.

20

(3C)   

In subsection (3B), “police force” and “chief officer” have the

meanings given by section 23I.”

Railways and Transport Safety Act 2003 (c. 20)

8          

The Railways and Transport Safety Act 2003 is amended as follows.

9          

In section 24 (constables of the British Transport Police Force) after

25

subsection (4) insert—

“(5)   

Subsection (2) is subject to any provision included in a police force

collaboration agreement by virtue of section 23(4) of the Police Act

1996.”

10         

In section 27 (employees of the British Transport Police Authority) after

30

subsection (2) insert—

“(3)   

Subsection (2) is subject to any provision included in a police force

collaboration agreement by virtue of section 23(4) of the Police Act

1996.”

Energy Act 2004 (c. 20)

35

11         

In section 55 of the Energy Act 2004 (members of the Civil Nuclear

Constabulary) after subsection (4) insert—

“(5)   

Subsection (2) is subject to any provision included in a police force

collaboration agreement by virtue of section 23(4) of the Police Act

1996.”

40

 
 

Policing and Crime Bill
Schedule 6 — Minor and consequential amendments
Part 3 — Sexual offences and sex establishments

138

 

Part 2

Police authorisations in respect of communications data

12         

The Regulation of Investigatory Powers Act 2000 (c. 23) is amended as

follows.

13         

In section 22(5) (conditions for granting authorisation or giving notice) after

5

“subsection (3)” insert “or (3B)”.

14         

In section 23 (form and duration of authorisations and notices) in

subsections (1), (4), (5) and (6), after “section 22(3)” insert “or (3B)”.

15         

In section 49(1)(c) (protected information coming into person’s possession

by virtue of authorisation or notice) after “section 22(3)” insert “or (3B)”.

10

16         

In section 58(1)(g) (persons subject to duty of disclosure to Interception of

Communications Commissioner) after “section 22(3)” insert “or (3B)”.

17         

In section 68(7)(g) (persons subject to duty of disclosure to Tribunal) after

“section 22(3)” insert “or (3B)”.

Part 3

15

Sexual offences and sex establishments

Children and Young Persons Act 1969 (c. 54)

18    (1)  

Section 32 of the Children and Young Persons Act 1969 (detention of

absentees) is amended as follows.

      (2)  

In subsection (1A)—

20

(a)   

after paragraph (a) insert—

“(aa)   

from a place of safety to which he has been taken

under paragraph 9(3) of the Schedule to the Street

Offences Act 1959; or”, and

(b)   

at the end of paragraph (b)(ii) insert—

25

“(iia)   

to which he has been remanded under

paragraph 10 of the Schedule to the Street

Offences Act 1959; or”.

      (3)  

In subsection (1C)—

(a)   

after paragraph (a) insert—

30

“(aa)   

the person who made the arrangements under

paragraph 9(3) of the Schedule to the Street Offences

Act 1959;”,

(b)   

in paragraph (b) for “that Act” substitute “the Criminal Justice and

Immigration Act 2008”, and

35

(c)   

omit the word “or” at the end of paragraph (c) and insert—

“(ca)   

the authority designated under paragraph 10(5) of the

Schedule to the Street Offences Act 1959; or”.

      (4)  

In subsection (2A) for “(1A)(a) or (b)(i) or (ii)” substitute “(1A)(a), (aa) or

(b)(i), (ii) or (iia)”.

40

      (5)  

The amendments made by this paragraph extend to England and Wales,

Scotland and Northern Ireland only.

 
 

Policing and Crime Bill
Schedule 6 — Minor and consequential amendments
Part 3 — Sexual offences and sex establishments

139

 

Bail Act 1976 (c. 63)

19         

In section 4 of the Bail Act 1976 (general right to bail of accused persons), in

subsection (3) omit the word “or” at the end of paragraph (a) and after

paragraph (b) insert “, or

(c)   

the Schedule to the Street Offences Act 1959 (breach of orders

5

under section 1(2A) of that Act).”

Child Abduction Act 1984 (c.37)

20         

In the Schedule to the Child Abduction Act 1984 (modifications of section 1

in certain cases) in paragraph 2—

(a)   

omit the word “or” at the end of sub-paragraph (1)(a) and insert—

10

“(aa)   

detained in a place of safety under paragraph 9(3)

of the Schedule to the Street Offences Act 1959; or”,

and

(b)   

at the end of sub-paragraph (1)(b) insert “; or

(ba)   

remanded to local authority accommodation under

15

paragraph 10 to the Schedule to the Street Offences

Act 1959.”.

Children Act 1989 (c.41)

21         

In section 21 of the Children Act 1989 (provision for accommodation for

children in detention or on remand etc.), in subsection (2), omit the word

20

“or” at the end of paragraph (c)(ii) and insert—

“(iia)   

remanded to accommodation provided by or on

behalf of a local authority by virtue of paragraph 10 of

the Schedule to the Street Offences Act 1959 (breach of

orders under section 1(2A) of that Act);”.

25

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

22         

In section 19 of the Powers of Criminal Courts (Sentencing) Act 2000

(making of referral orders: effect on other sentencing powers) in subsection

(4) after paragraph (b) insert—

“(ba)   

making an order under section 1(2A) of the Street

30

Offences Act 1959 in respect of the offender;”.

Licensing Act 2003 (c. 17)

23         

In Part 1 of Schedule 1 to the Licensing Act 2003 (activities which are not

regulated entertainment) after paragraph 11 insert—

“Sex encounter venues

35

11A   (1)  

The provision of a sex encounter venue for which a licence is

required (or the requirement has been waived) by virtue of

Schedule 3 to the Local Government (Miscellaneous Provisions)

Act 1982 as amended by section 25 of the Policing and Crime Act

2008, or the provision at such a venue of entertainment of the kind

40

by virtue of which the premises qualify as such a venue, is not to

be regarded as the provision of regulated entertainment for the

purposes of this Act.

 
 

Policing and Crime Bill
Schedule 6 — Minor and consequential amendments
Part 4 — Alcohol misuse other than general licensing conditions

140

 

      (2)  

In sub-paragraph (1)—

“premises” has the meaning given by paragraph 2A(10) of

Schedule 3 to the Act of 1982;

“sex encounter venue” has the meaning given by paragraph

2A(1) of that Schedule to that Act.”

5

Sexual Offences Act 2003 (c. 42)

24         

In section 54 of the Sexual Offences Act 2003 (meaning of “gain”, “prostitute”

and “prostitution”)—

(a)   

in subsection (1) for “sections 52 and 53” substitute “sections 52, 53

and 53A”,

10

(b)   

in subsection (2) for “those sections” substitute “sections 51A, 52, 53

and 53A”,

(c)   

after subsection (2) insert—

“(3)   

In section 53A “payment” has the meaning given by section

51(3).”, and

15

(d)   

in the heading for “sections 52 and 53” substitute “sections 51A to

53A”.

Sexual Offences (Northern Ireland) Order 2008 (S.I. 1769 (N.I. 12))

25         

In Article 58 of the Sexual Offences (Northern Ireland) Order 2008—

(a)   

in paragraph (3) omit “In paragraph (2),”,

20

(b)   

omit paragraph (6), and

(c)   

in paragraph (7) for “61” substitute “60”.

Part 4

Alcohol misuse other than general licensing conditions

26         

In the Police Reform Act 2002 (c. 30), in paragraph 6 of Schedule 4 and

25

paragraph 5 of Schedule 5—

(a)   

after “subsection (1)” insert “or (1AA)”, and

(b)   

for “subsections (1) and (4) (but not the reference in subsection (5)

(arrest))” substitute “subsections (1), (1AA) and (4) (but not the

reference in subsection (1AB) (removal))”.

30

27    (1)  

In the Police (Northern Ireland) Act 2003 (c. 6), paragraph 6 of Schedule 2A

is amended as follows.

      (2)  

In sub-paragraph (1)—

(a)   

after “subsection (1)” insert “or (1AA)”, and

(b)   

for “subsections (1) and (4) (but not the reference in subsection (5)

35

(arrest))” substitute “subsections (1), (1AA) and (4) (but not the

reference in subsection (1AB) (removal))”.

      (3)  

In sub-paragraph (2) for “section 1(1)” substitute “section 1(1AA)”.

 
 

Policing and Crime Bill
Schedule 6 — Minor and consequential amendments
Part 5 — General licensing conditions relating to alcohol

141

 

Part 5

General licensing conditions relating to alcohol

28         

The Licensing Act 2003 (c. 17) is amended as follows.

29         

In section 24(2)(f) (form of premises licence) for “has effect” substitute “is

issued”.

5

30         

In section 35(7) (determination of application to vary premises licence)—

(a)   

for “19, 20 and 21” substitute “19 to 21”, and

(b)   

after “licences)” insert “and any regulations made under section 21A

(which enables general conditions to be applied in particular

localities)”.

10

31         

In section 52(5) (determination of application for review of premises

licence)—

(a)   

for “19, 20 and 21” substitute “19 to 21”, and

(b)   

after “licences)” insert “and any regulations made under section 21A

(which enables general conditions to be applied in particular

15

localities)”.

32         

In section 53C(5) (summary reviews of premises licences)—

(a)   

for “19, 20 and 21” substitute “19 to 21”, and

(b)   

after “licences)” insert “and any regulations made under section 21A

(which enables general conditions to be applied in particular

20

localities)”.

33         

In section 57(3) (duty to display premises licence) after paragraph (a) and

before the “and” following it insert—

“(aa)   

a list of any conditions that are included in the licence by

virtue of section 19, 19A, 20 or 21A but are not set out in the

25

summary of the licence,”.

34         

In section 72(2)(b) and (4)(a)(ii) (determination of application for club

premises certificate) after “to (5)” insert “, 73A”.

35         

In section 78(2)(e) (form of club premises certificate) for “has effect”

substitute “is issued”.

30

36         

In section 85(7) (determination of application to vary club premises

certificate)—

(a)   

for “and 74” substitute “to 74”;

(b)   

for the words from “supply” to “premises” substitute “alcohol”, and

(c)   

after “films)” insert “and any regulations made under section 74A

35

(which enables general conditions to be applied in particular

localities)”.

37         

In section 88(5) (determination of application for review of club premises

certificate)—

(a)   

for “and 74” substitute “to 74”,

40

(b)   

for the words from “supply” to “premises” substitute “alcohol”, and

(c)   

after “films)” insert “and any regulations made under section 74A

(which enables general conditions to be applied in particular

localities)”.

 
 

 
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