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 7 — Miscellaneous
90

67
Notification of cessation of monitoring
(1)
Section 32 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) (notification
of cessation of monitoring) is amended as follows.
(2)
In subsection (3) (appropriate declaration)—
(a)
in paragraph (a) for “a specified entry” substitute “the table in Schedule
5
7”, and
(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,”.
10
(3)
Omit subsection (4).
(4)
In subsection (5)(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 (8).
15
68
Criminal conviction certificates to be given to employers
In section 112 of the Police Act 1997 (c. 50) (criminal conviction certificates)
after subsection (2) insert—
“(2A)
If an application for a criminal conviction certificate states that the
certificate is required in connection with employment by, or voluntary
20
work for, a person specified in the application, the Secretary of State
must send a copy of the certificate to that person.”
69
Certificates of criminal records etc: right to work information
In the Police Act 1997 after section 113CC insert—
“113CD
Immigration information relevant to employment
25
(1)
This section applies where—
(a)
an application for a certificate under section 112, 113A or 113B
contains a request for information under this section,
(b)
in the case of an application for a certificate under section 112,
the application contains a statement that the information is
30
sought for the purposes of employment with a person specified
in the application, and
(c)
the applicant pays in the prescribed manner any additional fee
prescribed in respect of the application.
(2)
The certificate must state—
35
(a)
whether according to records held by the Secretary of State the
applicant is subject to immigration control, or
(b)
that records held by the Secretary of State do not show whether
the applicant is subject to immigration control.
(3)
If the records show that the applicant is subject to immigration control,
40
the certificate must state—
(a)
whether according to the records the applicant has been
granted leave to enter or remain in the United Kingdom, or

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(b)
that the records do not show whether the applicant has been
granted leave to enter or remain in the United Kingdom.
(4)
If the records show that the applicant has been granted leave to enter or
remain in the United Kingdom, the certificate must state—
(a)
whether according to the records the applicant’s leave to enter
5
or remain in the United Kingdom is current, or
(b)
that the records do not show whether the applicant’s leave to
enter or remain in the United Kingdom is current.
(5)
If the records show that the applicant has been granted leave to enter or
remain in the United Kingdom and that it is current, the certificate must
10
also state any conditions to which the leave to enter or remain is subject
and which relate to the applicant’s employment.
(6)
A certificate under this section must contain such advice as the
Secretary of State thinks appropriate about where to obtain further
information about the matters mentioned in subsections (2) to (5).
15
(7)
For the purposes of this section a person’s leave to enter or remain in
the United Kingdom is current unless—
(a)
it is invalid, or
(b)
it has ceased to have effect (whether by reason of curtailment,
revocation, cancellation, passage of time or otherwise).
20
(8)
For the purposes of this section a person is subject to immigration
control if under the Immigration Act 1971 the person requires leave to
enter or remain in the United Kingdom.”
70
Criminal conviction certificates: verification of identity
In section 118 of the Police Act 1997 (c. 50) (evidence of identity) after
25
subsection (2) insert—
“(2ZA)
By virtue of subsection (1) the Secretary of State may, in particular,
refuse to issue a certificate to a person unless the application is
supported by prescribed evidence that the person’s identity has been
verified by a third person determined by the Secretary of State (whether
30
or not the third person charges a fee for such verification).”
71
Registered persons
(1)
Section 120A of the Police Act 1997 (refusal and cancellation of registration), as
inserted by section 134 of the Criminal Justice and Police Act 2001 (c. 16), is
amended as follows.
35
(2)
In subsection (3) (matters to which Secretary of State may have regard in
considering suitability of persons likely to have access to information) for
paragraph (b) substitute—
“(b)
any information relating to the person of a kind specified in
subsection (3A);”.
40
(3)
After subsection (3) insert—
“(3A)
The information is—
(a)
whether the person is barred from regulated activity;

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(b)
if the person is barred from such activity, such details as are
prescribed of the circumstances in which the person became
barred;
(c)
whether the Independent Safeguarding Authority is
considering whether to include the person in a barred list in
5
pursuance of paragraph 3, 5, 9 or 11 of Schedule 3 to the
Safeguarding Vulnerable Groups Act 2006;
(d)
whether the person is subject to a direction under section 167A
of the Education Act 2002 (prohibition on participation in
management of independent school).
10
(3B)
Subsection (3C) applies if—
(a)
the Secretary of State receives an application for registration,
and
(b)
it appears to the Secretary of State that the registration is likely
to make it possible for information to become available to an
15
individual who the Independent Safeguarding Authority is
considering whether to include in a barred list as mentioned in
subsection (3A)(c).
(3C)
The Secretary of State may postpone consideration of the application
until the Authority has decided whether to include the individual in the
20
barred list.
(3D)
Expressions used in subsections (3A) to (3C) and in the Safeguarding
Vulnerable Groups Act 2006 (c. 47) have the same meaning in those
subsections as in that Act, except that “prescribed” must be construed
in accordance with section 125 of this Act.”
25
(4)
After subsection (6) insert—
“(7)
The Secretary of State may by order made by statutory instrument
amend subsection (3A) for the purpose of altering the information
specified in that subsection.
(8)
Such an order is subject to annulment in pursuance of a resolution of
30
either House of Parliament.”
72
Criminal records: applications
(1)
Before section 126 of the Police Act 1997 (c. 50) insert—
“125B
Form of applications
(1)
The Secretary of State may determine the form, manner and contents of
35
an application for the purposes of any provision of this Part.
(2)
A determination may, in particular, impose requirements about the
form or manner in which an electronic application is to be signed or
countersigned.”
(2)
In the following provisions of that Act omit “in the prescribed manner and
40
form”—
section 112(1)(a) (criminal conviction certificates),
section 113A(1)(a) (criminal record certificates),
section 113B(1)(a) (enhanced criminal record certificates).

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(3)
In the following provisions of that Act omit “in the prescribed manner”—
section 114(1)(a) (criminal record certificates: Crown employment),
section 116(1)(a) (enhanced criminal record certificates: judicial
appointments and Crown employment).
Border controls
5
73
General information powers in relation to persons entering or leaving the UK
(1)
After section 157 of the Customs and Excise Management Act 1979 (c. 2)
(general powers: bonds and security) insert—
“157A
General information powers in relation to persons entering or leaving
the United Kingdom
10
(1)
The proper officer of Revenue and Customs may require any person
entering or leaving the United Kingdom—
(a)
to produce the person’s passport or travel documents for
examination, or
(b)
to answer any questions put by the proper officer of Revenue
15
and Customs about the person’s journey.
(2)
In subsection (1) “passport” means—
(a)
a United Kingdom passport (within the meaning of the
Immigration Act 1971),
(b)
a passport issued by or on behalf of the authorities of a country
20
or territory outside the United Kingdom, or by or on behalf of
an international organisation, or
(c)
a document that can be used (in some or all circumstances)
instead of a passport.
(3)
Subsections (1) and (2) apply in relation to a transit air passenger
25
arriving at the passenger’s final destination in the United Kingdom as
they apply in relation to a person entering the United Kingdom.
(4)
For the purposes of subsection (3) a transit air passenger is a person—
(a)
who has arrived by air in the United Kingdom; and
(b)
whose journey is continued or resumed by air to a destination
30
in the United Kingdom which is not the place where the person
is regarded for the purposes of this section as entering the
United Kingdom;

and the passenger’s final destination is the destination of the continued
or resumed journey.”
35
(2)
In section 4(3) of the Finance (No. 2) Act 1992 (c. 48) (non-application of
enforcement powers in the Act of 1979 to certain movements between member
States), after paragraph (g), insert—
“(ga)
section 157A (general information powers in relation to persons
entering or leaving the United Kingdom)”.
40
74
Powers in relation to cash
(1)
After section 164 of the Customs and Excise Management Act 1979 (c. 2)

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(general powers etc: powers to search persons) insert—
“164A
Powers to search for cash
(1)
The provisions of this Act which fall within subsection (2) (search
powers for officers of Revenue and Customs etc.) apply in accordance
with subsection (3)—
5
(a)
for the purposes of searching for cash—
(i)
which is recoverable property or is intended by any
person for use in unlawful conduct; and
(ii)
the amount of which is not less than the minimum
amount;
10
(b)
for the purposes of searching for cash to ensure compliance
with the Cash Control Regulation; or
(c)
for purposes connected to any such purposes.
(2)
The provisions of this Act which fall within this subsection are—
(a)
section 28(1) (powers of access etc.);
15
(b)
section 77(1) and (2) (information powers);
(c)
section 159(1) to (4) (powers to examine and take account of
goods); and
(d)
section 164 (power to search persons including intimate
searches).
20
(3)
Those provisions apply for the purposes mentioned in subsection (1) as
if—
(a)
any reference in them to goods included a reference to cash; and
(b)
in section 164(1)—
(i)
the reference to an article were a reference to cash; and
25
(ii)
paragraphs (a) and (b) were omitted.
(4)
The Treasury may by regulations provide for—
(a)
any provision of this Act to apply with modifications for the
purposes of the provisions applied by subsections (1) to (3), or
(b)
any other enactment to apply, with or without modifications,
30
for the purposes of the provisions so applied.
(5)
This section does not limit the scope of any powers that exist apart from
this section (whether under this Act or otherwise).
(6)
In this section—
“the 2002 Act” means the Proceeds of Crime Act 2002 (c. 29);
35
“cash”—
(a)
so far as relating to purposes falling within subsection
(1)(a) above, has the meaning given by section 289(6)
and (7) of the 2002 Act; and
(b)
so far as relating to purposes falling within subsection
40
(1)(b) above, has the same meaning as in the Cash
Control Regulation;
“the Cash Control Regulation” means Regulation (EC) No. 1889/
2005 of the European Parliament and of the Council of 26
October 2005 on controls of cash entering or leaving the
45
Community;

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“minimum amount” has the meaning given by section 303 of the
2002 Act;
“modifications” includes omissions;
“recoverable property” has the meaning given by section 316(1) of
the 2002 Act;
5
“unlawful conduct” has the meaning given by section 241 of the
2002 Act.”
(2)
In section 4(2) of the Finance (No. 2) Act 1992 (c. 48) (cases where enforcement
powers exercisable)—
(a)
after “member States;” at the end of paragraph (b) omit “or”, and
10
(b)
after “Kingdom” at the end of paragraph (c) insert “; or
(d)
searching for cash that is recoverable property or
intended for use in unlawful conduct”.
(3)
In section 4(5) of that Act (interpretation)—
(a)
after “in this section—”, insert—
15
““cash” has the meaning given by section 289(6) and (7) of
the Proceeds of Crime Act 2002;”,
(b)
after “Economic Community;” omit “and”, and
(c)
after “1979;” insert—
““recoverable property” has the same meaning as in
20
section 316(1) of the Proceeds of Crime Act 2002; and
“unlawful conduct” has the same meaning as in section 241
of that Act;”.
(4)
After section 105(5) of the Postal Services Act 2000 (c. 26) (application of
customs and excise enactments to certain postal packets) insert—
25
“(6)
And in this section “goods” includes cash (within the meaning of
section 289(6) and (7) of the Proceeds of Crime Act 2002).”
75
Lawful interception of postal items by Revenue and Customs
(1)
After section 3(3) of the Regulation of Investigatory Powers Act 2000 (lawful
interception without an interception warrant) insert—
30
“(3A)
Conduct consisting in the interception of a communication in the
course of its transmission by means of a public postal service is
authorised by this section if it is conduct—
(a)
under section 159 of the Customs and Excise Management Act
1979 as applied by virtue of—
35
(i)
section 105 of the Postal Services Act 2000 (power to
open postal items etc.); or
(ii)
that section 105 and another enactment; and
(b)
by an officer of Revenue and Customs.”
(2)
After section 17(3)(b) of that Act (exclusion of matters from legal proceedings)
40
insert—
“(ba)
any person deemed to be the proper officer of Revenue and
Customs by virtue of section 8(2) of the Customs and Excise
Management Act 1979;”.