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 7 — Repeals and revocations
Part 1 — Appointment of senior police officers
149

71    (1)
The Police and Criminal Evidence (Northern Ireland) Order 1989 (S. I. 1989/
3141 (N. I. 12)) is amended as follows.
      (2)
In Article 61 (fingerprinting in Northern Ireland) omit paragraph (8B).
      (3)
In Article 63 (non-intimate samples in Northern Ireland) omit paragraph
(10A).
5
Additional time limits for prosecuting persons under 18
72
Omit section 22A of the Prosecution of Offences Act 1985 (c. 23).
Access to driver licensing records
73
Omit section 105(2)(b) of the Road Traffic Act 1988 (c. 52) (access to
particulars of disqualified drivers).
10
74
Omit section 36 of the Vehicles (Crime) Act 2001 (c. 3) (access to motor
insurance information).
75
Omit Article 81 of the Road Traffic (Northern Ireland) Order 2007 (S. I. 2007/
916 (N. I. 10)) (disclosure of information about insurance status of vehicles).
Minor amendment
15
76
In section 40B(7) of the Police Act 1996 (c. 16) (report about direction given
by Secretary of State), for “subsection (7)” substitute “subsection (6)”.
Local child curfew schemes
77    (1)
The Crime and Disorder Act 1998 (c. 37) is amended as follows.
      (2)
Omit sections 14 and 15 (which make provision for local child curfew
20
schemes and for the enforcement of curfew notices).
      (3)
In section 16 (removal of truants to designated premises), in subsection (5),
in the definition of “public place”, for “section 14 above” substitute “Part 2 of
the Public Order Act 1986”.
Schedule 7
25
Section 86

Repeals and revocations
Part 1
Appointment of senior police officers

Reference
Extent of repeal

Police Act 1996
Section 54(3A).

30

Police Reform Act 2002 (c. 30)
Section 84.

Policing and Crime Bill
Schedule 7 — Repeals and revocations
Part 3 — Alcohol misuse
150

Part 2
Sexual offences

Short title and chapter
Extent of repeal or revocation

Street Offences Act 1959 (c. 57)
Section 2.

Children and Young Persons
In section 32(1C), the word “or” at the end of

5

Act 1969 (c. 54)
paragraph (c).

Bail Act 1976 (c. 63)
In section 4(3), the word “or” at the end of

paragraph (a).

Magistrates’ Courts Act 1980
In Schedule 7, paragraph 30.

(c. 43)

10

Child Abduction Act 1984
In the Schedule, the word “or” at the end of

(c. 37)
paragraph 2(1)(a).

Sexual Offences Act 1985 (c. 44)
The whole Act.

Road Traffic (Consequential
In Schedule 3, paragraph 29.

Provisions) Act 1988 (c. 54)

15

Children Act 1989 (c. 41)
In section 21(2), the word “or” at the end of

paragraph (c)(ii).

Sexual Offences Act 2003 (c. 42)
Section 115(6).

In Schedule 1, paragraphs 3 and 4.

Sexual Offences (Northern
In Article 58—

20

Ireland) Order 2008 (S.I. 1769
(a)
in paragraph (3), “In paragraph (2),”,

(N.I. 12))
and

(b)
paragraph (6).

1
The repeal in section 32(1C) of the Children and Young Persons Act 1969
extends to England and Wales, Scotland and Northern Ireland only.
25
2
The repeal of section 115(6) of the Sexual Offences Act 2003 extends to
England and Wales and Northern Ireland only.
Part 3
Alcohol misuse

Reference
Extent of repeal

30

Confiscation of Alcohol (Young
In section 1—

Persons) Act 1997 (c. 33)
(a)
in subsection (1), “and to state his name

and address”,

(b)
subsection (1A), and

(c)
in subsection (6), “and (1A)”.

35

Licensing Act 2003 (c. 17)
Section 155(1)(b) and (c).

Policing and Crime Bill
Schedule 7 — Repeals and revocations
Part 6 — Security planning at airports
151

Part 4
Detained cash investigations

Reference
Extent of repeal

Civil Jurisdiction and
In section 18(2)(f), “or a detained cash

Judgments Act 1982 (c. 27)
investigation”.

5

Criminal Justice and Police Act
In section 64(3)(aa), “or a detained cash

2001 (c. 16)
investigation”.

Proceeds of Crime Act 2002
In section 343(3), “or a detained cash

(c. 29)
investigation”.

In section 344(b), “or a detained cash

10

investigation”.

In section 350(5)(b), “or a detained cash

investigation”.

In section 351(8), “or a detained cash

investigation”.

15

In section 356—

(a)
in the title, “and detained cash”,

(b)
in subsection (1), “or detained cash

investigations”, and

(c)
subsections (11) and (12).

20

Serious Crime Act 2007 (c. 27)
Section 80(5) and (6).

In Schedule 8, paragraph 107(3).

In Schedule 10, paragraphs 3 to 6, 9 and 26 to 28.

Part 5
Extradition
25

Reference
Extent of repeal

Extradition Act 2003 (c. 41)
Sections 143 and 144.

Section 151.

Part 6
Security planning at airports
30

Reference
Extent of repeal

Aviation Security Act 1982
Section 25.

(c. 36)
Section 25A.

In section 26(2A), the word “and” at the end of

paragraph (a).

35

In section 31(1), the definition of designated

airport.

Policing and Crime Bill
Schedule 7 — Repeals and revocations
Part 9 — Offensive weapons
152

Part 7
Criminal records etc

Reference
Extent of repeal

Police Act 1997 (c. 50)
In section 112(1)(a) “in the prescribed manner

and form”.

5

In section 113A(1)(a) “in the prescribed manner

and form”.

In section 113B(1)(a) “in the prescribed manner

and form”.

In section 114(1)(a) “in the prescribed manner”.

10

In section 116(1)(a) “in the prescribed manner”.

Criminal Justice and Police Act
Section 134(2)(b).

2001 (c. 16)

Criminal Justice Act 2003 (c. 44)
In Schedule 35, paragraph 2.

Serious Organised Crime and
In Schedule 14, paragraphs 4(a) and 8(a).

15

Police Act 2005 (c. 15)

Safeguarding Vulnerable
Section 30(3) and (5).

Groups Act 2006 (c. 47)
Section 32(4) and (8).


Note: the repeals made by this Part of this Schedule in the Police Act 1997
extend to England and Wales and Northern Ireland only.
20
Part 8
Border control powers in relation to cash

Reference
Extent of repeal

Finance (No. 2) Act 1992 (c. 48)
In section 4—

(a)
in subsection (2), the “or” after “member

25

States;” at the end of paragraph (b), and

(b)
in subsection (5), the “and” after

“Economic Community;”.

Part 9
Offensive weapons
30

Reference
Extent of repeal

Criminal Justice Act 1988 (c. 33)
Section 141(4).

In section 141(5), (8) and (11A)—

(a)
paragraph (b), and

(b)
the “or” immediately before that

35

paragraph.

Policing and Crime Bill
Schedule 7 — Repeals and revocations
Part 11 — Redundant provisions
153

Reference
Extent of repeal

Criminal Justice Act 1988
In section 141(11D)—

(c. 33)—cont.
(a)
in paragraph (a) “or from the prohibition

in subsection (4) above”, and

(b)
in paragraph (b) “, or for an offence

5

under section 50(2) or (3) of the Customs

and Excise Management Act 1979,”.


Note: the references to subsections (11A) and (11D) of section 141 of the
Criminal Justice Act 1988 are to those subsections as inserted by section 43(4)
of, and paragraph 11(3) of Schedule 2 to, the Violent Crime Reduction Act
10
2006.
Part 10
Football spectators

Reference
Extent of repeal or revocation

Football Spectators Act 1989
In section 14E(2), “in England and Wales”.

15

(c. 37)
In section 19(2B)(b), “if the match is outside the

United Kingdom”.

Police, Public Order and
In section 53(2)(a), “in Scotland”.

Criminal Justice (Scotland)

Act 2006 (asp 10)

20

Police, Public Order and
Articles 1(5) and 5.

Criminal Justice (Scotland)

Act 2006 (Consequential

Provisions and

Modifications) Order 2007 (S.

25

I. 2007/1098)

Part 11
Redundant provisions

Reference
Extent of repeal or revocation

Misuse of Drugs Act 1971 (c. 38)
In section 5, subsections (4A) to (4C).

30

In section 31—

(a)
in subsection (2), “, except as provided

by subsection (2A),“, and

(b)
subsections (2A) and (4A).

Section 38(1A).

35

Police and Criminal Evidence
In section 30CA(5)—

Act 1984 (c. 60)
(a)
in paragraph (a), “, or a person

designated as a staff custody officer

under section 38 of the Police Reform

Act 2002,” and “or officer”, and

40

(b)
in paragraph (b), “or officer”.

Policing and Crime Bill
Schedule 7 — Repeals and revocations
Part 11 — Redundant provisions
154

Reference
Extent of repeal or revocation

Police and Criminal Evidence
In section 36—

Act 1984 (c. 60)—cont.
(a)
in subsection (7)(a), “or a staff custody

officer”, and

(b)
subsection (11).

5

In section 39—

(a)
in subsection (6)(a), “(or, if the custody

officer is a staff custody officer, any

police officer or any police employee)”,

and

10

(b)
subsection (7).

In section 55(17), in the definition of

“appropriate officer”, paragraph (c) and the

“or” immediately before it.

Section 61(8A).

15

Section 63(9A) (inserted by the Criminal Justice

and Police Act 2001).

Prosecution of Offences Act
Section 22A.

1985 (c. 23)
In section 22B, in subsection (1) (and the title)

“or 22A(5)”.

20

Road Traffic Act 1988 (c. 52)
Section 105(2)(b).

Children Act 1989 (c. 41)
In section 47, in subsection (1)—

(a)
paragraph (a)(iii) (and the “or”

immediately before it), and

(b)
the sentence at the end of that

25

subsection.

Police and Criminal Evidence
In Article 37—

(Northern Ireland) Order
(a)
in paragraph (7)(a), “or a staff custody

1989 (S. I. 1989/3141
officer”, and

(N. I. 12))
(b)
paragraph (11).

30

In Article 40—

(a)
in paragraph (6)(a), “(or, if the custody

officer is a staff custody officer, any

police officer or any member of the

police support staff)”, and

35

(b)
paragraph (7).

Article 61(8B).

Article 63(10A).

Crime and Disorder Act 1998
Section 11(3)(c).

(c. 37)
Sections 14 and 15.

40

In section 18(1), the definitions of “curfew

notice” and “local child curfew scheme”.

Section 44.

Criminal Justice and Court
Section 71(5).

Services Act 2000 (c. 43)

45

Vehicles (Crime) Act 2001 (c. 3)
Section 36.

Section 45(3).

Criminal Justice and Police Act
Sections 48 and 49.

2001 (c. 16)
Section 78(7).

Section 80(4).

50

Policing and Crime Bill
Schedule 7 — Repeals and revocations
Part 11 — Redundant provisions
155

Reference
Extent of repeal or revocation

Police Reform Act 2002 (c. 30)
In section 38—

(a)
subsection (2)(e),

(b)
subsection (6)(e), and

(c)
subsection (10).

5

In Schedule 4—

(a)
paragraph 4B, and

(b)
Part 4A.

Police (Northern Ireland) Act
In section 30—

2003 (c. 6)
(a)
subsection (1)(d),

10

(b)
subsection (6)(d), and

(c)
subsection (11).

In Schedule 2, Part 3A.

Serious Organised Crime and
Section 120.

Police Act 2005 (c. 15)
Section 121(2) to (4), (5)(b), (6) and (7).

15

Section 123(3).

In Schedule 4, paragraphs 170 to 172.

In Schedule 9, paragraph 10.

Drugs Act 2005 (c. 17)
Section 2.

Section 5(2)(b).

20

Gambling Act 2005 (c. 19)
In Schedule 16, paragraph 17.

Police and Justice Act 2006
In Schedule 1, paragraph 78.

(c. 48)
In Schedule 5, paragraph 5(11).

Road Safety Act 2006 (c. 49)
In Schedule 3, paragraph 13(2)(b).

Police and Criminal Evidence
Article 30(7).

25

(Amendment) (Northern
Article 33(4).

Policing (Miscellaneous
Article 6(1).

Provisions) (Northern
In Schedule 4, paragraphs 1(2) to (4), (5)(b) and

Ireland) Order 2007 (S. I.
(6) and 2 to 5.

Road Traffic (Northern Ireland)
Article 81.

30

Order 2007 (S. I. 2007/916

(N.I. 10))