Policing and Crime Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Policing and Crime Bill

Policing and Crime Bill
Part 6 — Aviation security
84

General and supplemental
24AS
Power to except or modify
(1)
The Secretary of State may by order provide that this Part—
(a)
does not apply in relation to a specified aerodrome in respect of
which any directions under section 12, 13, 13A or 14 are in force,
5
or
(b)
applies in relation to such an aerodrome with modifications
specified in the order.
(2)
In subsection (1) “specified” means specified in the order.
(3)
The power to make an order under this section is exercisable by
10
statutory instrument subject to annulment in pursuance of a resolution
of either House of Parliament.
24AT
Interpretation
(1)
In this Part—
“aerodrome” is to be construed in accordance with section
15
24AA(2);
“aerodrome security plan” has the meaning given by section
24AE(2);
“relevant persons”, in relation to an aerodrome, means the persons
mentioned in section 24AE(4);
20
“relevant police area”, in relation to any aerodrome, means the
police area in which the aerodrome is wholly or mainly
situated;
“risk advisory group”, in relation to an aerodrome, means the
group established for the aerodrome in accordance with section
25
24AB;
“risk report”, in relation to an aerodrome, has the meaning given
by section 24AC(2);
“security executive group”, in relation to an aerodrome, means the
group established for the aerodrome in accordance with section
30
24AG;
“security measure”, in relation to an aerodrome, means any
measure taken for a purpose to which Part 2 applies (protection
of aerodromes etc. against acts of violence) or otherwise for the
purpose of preventing crime or preserving the peace at the
35
aerodrome, but it does not include—
(a)
any measure specified in a direction under Part 2, or
(b)
any measure which an officer of Revenue and Customs
or an official of the Secretary of State exercising
functions in relation to immigration is required to take
40
by virtue of any enactment.
(2)
Any reference in this Part to the security of an aerodrome includes a
reference to the preservation of the peace at the aerodrome (and any
reference to a threat to the security of the aerodrome is to be construed
accordingly).
45
(3)
Any reference in the preceding provisions of this Part to a person
nominated under a provision of this Part is a reference to a person who

Policing and Crime Bill
Part 6 — Aviation security
85

has been nominated under that provision and accepts that nomination
(unless the context otherwise requires).
(4)
If an aerodrome to which this Part applies—
(a)
ceases to be such an aerodrome, but
(b)
subsequently becomes such an aerodrome again,
5

this Part applies in relation to the aerodrome as if it had become an
aerodrome to which this Part applies for the first time.
(5)
For the purposes of this Part the risk advisory group for an aerodrome
is to be treated as established when both of the following conditions are
first met—
10
(a)
the person nominated by the manager of the aerodrome under
section 24AB(2)(a) accepts the nomination;
(b)
the chief officer of police for the relevant police area informs the
manager of the aerodrome that either the chief officer will serve
as a member of the group or that a person nominated by the
15
chief officer for the purposes of section 24AB(2)(b) has accepted
the nomination.
(6)
For the purposes of this Part the security executive group for an
aerodrome is to be treated as established when all of the following
conditions are first met—
20
(a)
the manager of the aerodrome appoints a representative under
section 24AG(2)(a);
(b)
the chief officer of police for the relevant police area informs the
manager of the aerodrome that either the chief officer will serve
as a member of the group or that the chief officer has appointed
25
a representative for the purposes of section 24AG(2)(b);
(c)
the police authority for the relevant police area informs the
manager of the aerodrome that the police authority has
appointed a representative for the purposes of section
24AG(2)(c);
30
(d)
a person nominated by the manager of the aerodrome under
section 24AG(3) accepts the nomination.
(7)
In the application of this Part to Scotland—
(a)
references to the chief officer of police for the relevant police
area are to be read as references to the chief constable of the
35
police force for that area, and
(b)
references to the police authority for the relevant police area are,
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), to be read as references to that
40
joint police board.
(8)
In the application of this Part to Northern Ireland—
(a)
references to the chief officer of police for the relevant police
area are to be read as references to the Chief Constable of the
Police Service of Northern Ireland, and
45
(b)
references to the police authority for the relevant police area are
to be read as references to the Northern Ireland Policing Board.”

Policing and Crime Bill
Part 7 — Miscellaneous
86

61
Policing at airports
Schedule 5 (which amends Part 3 of the Aviation Security Act 1982 (c. 36)and
makes transitional and saving provision) has effect.
Part 7
Miscellaneous
5
Criminal records etc
62
Renaming of Independent Barring Board
(1)
The Independent Barring Board is renamed the Independent Safeguarding
Authority.
(2)
For the words in the left-hand column of the table, wherever they appear in the
10
enactments mentioned in subsection (3), substitute the corresponding words in
the right-hand column of the table.

Existing words
Substitution

“Independent Barring Board”
“Independent Safeguarding

Authority”

15

“Independent Barring Board’s”
“Independent Safeguarding

Authority’s”

“IBB”
“ISA”

“IBB’s”
“ISA’s”

(3)
The enactments are—
20
(a)
Schedule 1 to the Superannuation Act 1972 (c. 11),
(b)
sections 7 and 11 of the Police Pensions Act 1976 (c. 35),
(c)
section 35C of the Medical Act 1983 (c. 54),
(d)
section 13D of the Opticians Act 1989 (c. 44),
(e)
section 20 of the Osteopaths Act 1993 (c. 21),
25
(f)
section 20 of the Chiropractors Act 1994 (c. 17),
(g)
section 97 of the Police Act 1996 (c. 16),
(h)
sections 113BA, 113BB, 113CA and 113CB of the Police Act 1997 (c. 50),
(i)
sections 56 and 75 of the Data Protection Act 1998 (c. 29),
(j)
paragraph 1 of Schedule 2 to the Teaching and Higher Education Act
30
1998 (c. 30),
(k)
section 167C of the Education Act 2002 (c. 32),
(l)
section 171 of the Education and Inspections Act 2006 (c. 40),
(m)
the following enactments in the Safeguarding Vulnerable Groups Act
2006 (c. 47) (including any relevant headings)—
35
(i)
sections 1, 2, 4, 6, 15, 25, 31, 35, 36 to 47 and 50,
(ii)
paragraphs 1, 3 to 7 and 8 to 16 of Schedule 1,
(iii)
paragraphs 1 and 2 of Schedule 2,

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Part 7 — Miscellaneous
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(iv)
paragraphs 1 to 21, 23 and 25 of Schedule 3,
(v)
paragraphs 4 and 8 of Schedule 4,
(vi)
paragraph 2 of Schedule 5, and
(vii)
paragraphs 1 to 3 of Schedule 8,
(n)
sections 39, 40 and 97 of, and Schedule 5 to, the Protection of Vulnerable
5
Groups (Scotland) Act 2007 (asp 14), and
(o)
sections 130 and 141 of the Education and Skills Act 2008 (c. 25).
(4)
In the following enactments for “the Board” substitute “the Authority”—
(a)
section 167C of the Education Act 2002 (c. 32) (both as inserted by the
Education and Inspections Act 2006 (c. 40) and as substituted by the
10
Education and Skills Act 2008 (c. 25)), and
(b)
section 130(4) of the Education and Skills Act 2008 (c. 25).
(5)
Any reference (other than those dealt with by subsections (2) to (4) above) to
the Independent Barring Board in any enactment or other document passed or
made before the commencement of this section is to be read as a reference to
15
the Independent Safeguarding Authority.
(6)
Any reference to the Independent Safeguarding Authority which arises by
virtue of this section is to be read, in relation to times before the
commencement of this section, as a reference to the Independent Barring
Board.
20
(7)
In this section—
“enactment” includes an Act of the Scottish Parliament, Northern Ireland
legislation and an enactment comprised in subordinate legislation,
“subordinate legislation” has the same meaning as in the Interpretation
Act 1978 (c. 30)) and also includes an instrument made under—
25
(a)
an Act of the Scottish Parliament, or
(b)
Northern Ireland legislation.
63
Educational establishments: check on members of governing body
(1)
Section 13 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) (educational
establishments: check on members of governing body) is amended as follows.
30
(2)
After subsection (1) insert—
“(1A)
B commits an offence if—
(a)
B acts as a member of the governing body of an educational
establishment mentioned in section 8(5), and
(b)
B has not consented to P making a check in accordance with
35
section 15(2)(a) or has not provided any information required to
make that check.”
(3)
In subsection (2) (penalty for offence) after “(1)” insert “or (1A)”.
(4)
After subsection (3) insert—
“(3A)
A person does not commit an offence under subsection (1A) if, in
40
relation to any continuous period for which the person is a member of
the governing body of the establishment—
(a)
the person’s appointment first took effect before the
commencement of this section, and

Policing and Crime Bill
Part 7 — Miscellaneous
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(b)
it continues to have effect after such commencement.”
(5)
In subsection (4) (power of Secretary of State to order that subsection (3) no
longer applies) for “Subsection (3) does” substitute “Subsections (3) and (3A)
do”.
(6)
After subsection (5) insert—
5
“(6)
The period prescribed for purposes of subsection (1) must not start
before B has—
(a)
consented to P making a check in accordance with section
15(2)(a), and
(b)
provided any information required to make that check.”
10
(7)
In section 8 of that Act (person not to engage in regulated activity unless
subject to monitoring) for subsection (11) substitute—
“(11)
A person does not commit an offence under subsection (3) if, in relation
to any continuous period for which the person is a member of the
governing body of the establishment—
15
(a)
the person’s appointment first took effect before the
commencement of this section, and
(b)
it continues to have effect after such commencement.”
64
Monitoring application
In section 24 of the Safeguarding Vulnerable Groups Act 2006 (c. 47)
20
(monitoring)—
(a)
in subsection (1)(b) for “a monitoring application” substitute “an
application to the Secretary of State under this section (a “monitoring
application”)”, and
(b)
for subsection (10) substitute—
25
“(10)
The Secretary of State may determine the form, manner and
contents of a monitoring application.”
65
Monitoring: additional fees
(1)
After section 24 of the Safeguarding Vulnerable Groups Act 2006 insert—
“24A
Monitoring: power to prescribe additional fees
30
(1)
An individual subject to monitoring under section 24 in relation to a regulated
activity must pay a prescribed fee if—
(a)
no fee was payable by virtue of section 24(1)(d) when the individual
made a monitoring application (within the meaning of section 24) in
respect of the activity, and
35
(b)
there has been a prescribed change of circumstances as a result of
which a fee would be payable by virtue of section 24(1)(d) if a
monitoring application were now made in respect of the activity.
(2)
The amount of the fee payable by virtue of subsection (1) must not
exceed the amount of fee which would be payable if a monitoring
40
application were made in respect of the activity as mentioned in
subsection (1)(b).

Policing and Crime Bill
Part 7 — Miscellaneous
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(3)
An individual does not cease to be subject to monitoring under section
24 merely because the individual fails to pay a fee required by this
section (but see section 30(2A)).”
(2)
In section 25 of that Act (monitoring: fees)—
(a)
in subsection (1) after “24” insert “or in relation to a change of
5
circumstances under section 24A”,
(b)
in subsection (2) after “made” insert “, or change of circumstances
occurring,”,
(c)
in subsection (3) after “made” insert “or change of circumstances
occurring”,
10
(d)
in subsection (4) after “24” insert “or 24A”,
(e)
in subsection (5)—
(i)
for “power” substitute “powers”, and
(ii)
for “is” substitute “are”, and
(f)
in subsection (6) after “24(1)(d)” insert “or 24A”.
15
(3)
In section 30 of that Act (provision of vetting information) after subsection (2)
insert—
“(2A)
The Secretary of State may refuse to provide A with the information if
B has failed to pay a fee required by section 24A.”
66
Vetting information
20
(1)
Section 30 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) (provision
of vetting information) is amended as follows.
(2)
In subsection (2) (appropriate declaration)—
(a)
in paragraph (a) for “a specified entry” substitute “the table in Schedule
7”, and
25
(b)
after that paragraph (but before the following “and”) insert—
“(aa)
that column 2 of the entry by virtue of which A falls within
column 1 refers to children or (as the case may be) vulnerable
adults,
(ab)
whether the information is sought by A with a view to
30
permitting or supplying B to carry out paid activity or with a
view to making a check in accordance with section 15(2)(a) in
relation to the appointment of B to a position in which B will
carry out paid activity,”.
(3)
Omit subsection (3).
35
(4)
In subsection (4)(a) and (b) (information to be provided) for “column 2 of the
specified entry” substitute “A’s declaration states that column 2 of the relevant
entry”.
(5)
Omit subsection (5).
(6)
After subsection (6) insert—
40
“(6A)
“Paid activity” means an activity carried out for financial gain.
(6B)
The Secretary of State may by regulations provide for an activity to be
treated as, or not to be treated as, an activity carried out for financial
gain.”