|
| |
|
(f) | after the definitions of “relevant police area” and “relevant |
| |
| |
““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 |
| |
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 |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(a) | “commencement” means the commencement of section 61; |
| |
(b) | “the 1982 Act” means the Aviation Security Act 1982 (c. 36). |
| |
| 25 |
| |
Minor and consequential amendments |
| |
| |
| |
| |
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 |
| |
“(1A) | Subsection (1) is subject to any provision included in a police force |
| |
collaboration agreement by virtue of section 23(4).” |
| |
|
| |
|
| |
|
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 |
| |
| |
6 | In section 27(2) (special constables) after “Subject to” insert “provision |
| |
included in a police force collaboration agreement by virtue of |
| 10 |
| |
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 |
| |
| 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 |
| |
“(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 |
| |
| |
10 | In section 27 (employees of the British Transport Police Authority) after |
| 30 |
| |
“(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 |
| |
| |
| 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 |
| |
| 40 |
|
| |
|
| |
|
| |
Police authorisations in respect of communications data |
| |
12 | The Regulation of Investigatory Powers Act 2000 (c. 23) is amended as |
| |
| |
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)”. |
| |
| 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. |
| |
| 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 |
| |
| |
| |
(a) | after paragraph (a) insert— |
| 30 |
“(aa) | the person who made the arrangements under |
| |
paragraph 9(3) of the Schedule to the Street Offences |
| |
| |
(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 |
| |
| 40 |
(5) | The amendments made by this paragraph extend to England and Wales, |
| |
Scotland and Northern Ireland only. |
| |
|
| |
|
| |
|
| |
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”, |
| |
| |
(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 |
| |
| |
| |
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— |
| |
| 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 |
| |
| |
|
| |
|
| |
|
(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” |
| |
| |
(a) | in subsection (1) for “sections 52 and 53” substitute “sections 52, 53 |
| |
| 10 |
(b) | in subsection (2) for “those sections” substitute “sections 51A, 52, 53 |
| |
| |
(c) | after subsection (2) insert— |
| |
“(3) | In section 53A “payment” has the meaning given by section |
| |
| 15 |
(d) | in the heading for “sections 52 and 53” substitute “sections 51A to |
| |
| |
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”. |
| |
| |
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 |
| |
| |
(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)”. |
| |
|
| |
|
| |
|
| |
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 |
| |
| 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 |
| |
| 10 |
31 | In section 52(5) (determination of application for review of premises |
| |
| |
(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 |
| |
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 |
| |
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” |
| |
| 30 |
36 | In section 85(7) (determination of application to vary club premises |
| |
| |
(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 |
| |
| |
37 | In section 88(5) (determination of application for review of club premises |
| |
| |
(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 |
| |
| |
|
| |
|