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“24C	Police powers to search aeroplanes

(1)	If the Secretary of State has any reason to believe that an aircraft that is

in flight over the United Kingdom is or has been or may be involved in

an act of unlawful rendition then he or she may require the aircraft to land

at a suitable aerodrome.

(2)	If an aircraft is required to land in accordance with subsection (1), a

responsible person must, as soon as practicable after the aircraft has

landed, enter and search the aircraft.

(3)	The Secretary of State or a responsible person must enter and search an

aircraft if he or she has any reason to believe that—

(a)	an aircraft in an aerodrome is or has been or may be involved in

an act of unlawful rendition; or

(b)	in respect of an aircraft in an aerodrome, incomplete or incorrect

information under sections 32 and 33 of the Immigration,

Asylum and Nationality Act 2006 (c. 13) has been supplied.

(4)	For the purposes of subsections (2) and (3), a search of an aircraft is to be

carried out to determine if—

(a)	the aircraft has been, or may be involved in an act of unlawful

rendition,

(b)	a criminal offence has been committed, or

(c)	allowing the aircraft to continue on its journey could place the

United Kingdom in breach of its obligations under the European

Convention on Human Rights,

but these powers may only be exercised when it is not reasonably

practicable to apply for a warrant of entry in accordance with section 8 of

the Police and Criminal Evidence Act 1984 (c. 60).

(5)	A person who carries out a search under this section may remove any

items from the aircraft if it may be evidence of any of the matters set out

in subsection (4).

(6)	In this section—

“an act of unlawful rendition” means an act, not being in accordance with

formal lawful extradition or deportation procedures, involving the

forcible transportation of a person to a territory where he or she may be

subjected to torture and inhuman and degrading treatment;

“a responsible person” means—

(a)	the chief officer of police of a police force maintained for a

police area in England and Wales;

(b)	the chief constable of a police force maintained under the Police

(Scotland) Act 1967 (c. 77);

(c)	the Chief Constable of the Police Service of Northern Ireland;

(d)	one of the Commissioners of Her Majesty’s Revenue and

Customs;

(e)	a constable designated by any of the persons specified in

paragraphs (a) to (c).”’.

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Premises licences: authorised persons, interested parties and responsible authorities

Lynda Waltho

Paul Holmes

NC6

To move the following Clause:—

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

(2)	After section 13(3)(d), insert—

“(e)	a member of—

(i)	the licensing authority in whose area the premises are

situated, or

(ii)	any other licensing authority if there are persons living

in the area of that authority or bodies in the area of that

authority who fall within subsection (3).’.

Forum

James Brokenshire

Mr David Ruffley

NC7

To move the following Clause:—

‘(1)	That the Police and Justice Act 2006 (c. 48) is amended by omitting paragraph 6

of Schedule 13.

(2)	Notwithstanding any provision to the contrary contained in the Police and Justice

Act 2006 or this Act, paragraphs 4 and 5 of Schedule 13 to the Police and Justice

Act 2006 shall come into force on the day on which this Act is passed.’.

Permitted temporary activities

Paul Holmes

Dr Evan Harris

NC8

To move the following Clause:—

‘Schedule 4A (which makes provision about permitted temporary activities) has

effect.’.

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Policing and Crime Bill, continued

Encrypted data: amendment of penalty and notification requirements

James Brokenshire

Mr David Ruffley

NC9

To move the following Clause:—

‘(1)	Section 53 of the Regulation of Investigatory Powers Act 2000 (c.23) (failure to

comply with a notice) is amended as follows.

(2)	In subsection 5A, after paragraph (a) insert—

“(aa)

where subsection 5C applies, five years;”.

(3)	After subsection 5B insert—

“(5C)

This section applies where—

(a)	the offender has been previously convicted of a relevant sexual

offence,

(b)	an indecent photograph of a child has been found in his

possession, or

(c)	the court is satisfied that it is more likely than not that the

protected information may contain an indecent photograph of a

child.

(5D)	For the purposes of subsection 5C—

“relevant sexual offence” means an offence under—

(a)	section 1 of the Protection of Children Act 1978 (c.37) (indecent

photographs of children);

(b)	section 160 of the Criminal Justice Act 1988 (c.33) (possession

of indecent photographs of a child);

(c)	section 170 of the Customs and Excise Management Act 1979

(c.2) (penalty for fraudulent evasion of duty etc) in relation to

goods prohibited to be imported under section 42 of the Customs

Consolidation Act 1876 (c.36) (indecent or obscene articles), if

the prohibited goods included indecent photographs of persons

under 16;

(d)	sections 48 to 50 of the Sexual Offences Act 2003 (c.42) (abuse

of children through prostitution or pornography) where the

victim was under 18 and involved pornography;

“indecent photograph of a child” has the same definition as in sections 1 and

7 of the Protection of Children Act 1978 (c.37), and for the avoidance of

a doubt includes a reference to a pseudo-photograph of a child or a

tracing of an indecent photograph with the meaning of section 7(4A) of

that Act.”.

(4)	In Schedule 3 of the Sexual Offences Act 2003 (c.42), after paragraph 35 insert—

“36	An offence under section 53 of the Regulation of Investigatory Powers

Act 2000 (c.23) where subsection 5C applies.”’.

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Policing and Crime Bill, continued

Annual report on e-borders programme

James Brokenshire

Mr David Ruffley

NC10

To move the following Clause:—

‘The Secretary of State shall present an annual report on progress on the

implementation of the e-borders programme, until such time as it is formally

operational.’.

New Schedule

Paul Holmes

Dr Evan Harris

NS1

To move the following Schedule:—

‘schedule 4A

permitted temporary activities

1	Part 5 of the Licensing Act 2003 (permitted temporary activities) has effect

subject to the following amendments.

2	In the cross-heading before section 104 (objection to notice by police) omit

“Police”.

3	In section 104(2) omit “(an ‘objection notice’)”.

4	After section 104 (Police objections) insert—

“104A

Objection to notice by local authority officers

(1)	Where an officer of a local authority which, in its capacity as a

licensing authority, receives a temporary event notice under this Part

is satisfied that allowing the premises to be used in accordance with

the notice would undermine any of the four licensing objectives, he

may give a notice stating the reasons why he is so satisfied—

(a)	to the relevant licensing authority, and

(b)	to the premises user.

(2)	The objection notice must be given no later than two clear working

days after the licensing authority receives the temporary event notice

under this Part.

(3)	Subsection (2) does not apply at any time after the relevant licensing

authority has received a copy of a counter notice under section 107 in

respect of the temporary event notice.

104B	Objection to notice by members of licensing authority

(1)	Where an elected member of a licensing authority which receives a

temporary event notice under this Part is satisfied that allowing the

premises to be used in accordance with the notice would undermine

any of the licensing objectives, he may give a notice stating the

reasons why he is so satisfied—

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Policing and Crime Bill, continued

(a)	to the relevant licensing authority, and

(b)	to the premises user.

(2)	The objection notice must be given no later than two clear working

days after the licensing authority receives the temporary event notice

under this Part.

(3)	Subsection (2) does not apply at any time after the relevant licensing

authority has received a copy of a counter notice under section 107 in

respect of the temporary event notice.”.

5	In the heading of section 105 (Counter notice following police objection) omit

“police”.

6	In section 105—

(a)	in subsection (2)(a) for “the chief officer of police who gave the

objection notice” substitute “all persons who gave an objection

notice”;

(b)	in subsection (2)(b) for “the crime prevention objective” substitute

“the licensing objective in question”;

(c)	for subsection (7) substitute—

“(7)	In this section—

‘objection notice’ means a notice served by—

(a)	a chief officer of police under section 104(2),

(b)	an officer of a local authority under section 104A(1),

(c)	an elected member of a licensing authority under

section 104B(1),

“relevant chief officer of police” has the same meaning as in

section 104.”.

7	In the heading of section 106 (Modification of notice following police

objection) omit “police”.

8	In section 106—

(a)	in subsection (1) after “chief officer of police” insert “or an officer of

a local authority or an elected member of a licensing authority”,

(b)	in subsection (2) after “chief officer of police” insert “or the officer or

member”,

(c)	in subsection (3)(a) after “objection notice” insert “in question”,

(d)	in subsection (3)(b) leave out “that time” and insert “the time when all

objection notices in respect of the temporary notice are treated as

withdrawn”,

(e)	in subsection (4) after “chief officer of police” insert “or the officer or

member”,

(f)	in subsection (7) for “section 104(2)” substitute “section 105(7)”.’.

Order of the House [19 January 2009]

That the following provisions shall apply to the Policing and Crime Bill:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

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Policing and Crime Bill, continued

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 26 February 2009.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Order of the Committee [27 January 2009]

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

27 January meet—

(a)	at 4.00 pm on Tuesday 27 January;

(b)	at 9.00 am and 1.00 pm on Thursday 29 January;

(c)	at 10.30 am and 4.00 pm on Tuesday 3 February;

(d)	at 9.00 am and 1.00 pm on Thursday 5 February;

(e)	at 10.30 am and 4.00 pm on Tuesday 10 February;

(f)	at 9.00 am and 1.00 pm on Thursday 12 February;

(g)	at 10.30 am and 4.00 pm on Tuesday 24 February;

(h)	at 9.00 am on Thursday 26 February;

(2)	the Committee shall hear oral evidence in accordance with the following

Table—

	Date	Time	Witness
	Tuesday 27 January	Until no later than	Association of Chief
		12 noon	Police Officers of
			England and Wales and
			Northern Ireland;
			Association of Police
			Authorities; the Airport
			Operators Association
	Tuesday 27 January	Until no later than	The Poppy Project;
		1.00 pm	English Collective of
			Prostitutes; UK Network
			of Sex Work Projects; the
			Children’s Society;
			Object
	Tuesday 27 January	Until no later than	Alcohol Concern;
		5.30 pm	Association of Chief
			Police Officers of
			England and Wales and
			Northern Ireland; British
			Beer and Pub
			Association; Association
			of Convenience Stores;
			Local Government
			Association
	Tuesday 27 January	Until no later than	Association of Chief
		7.00 pm	Police Officers of
			England and Wales and
			Northern Ireland; Serious
			Organised Crime
			Agency; Metropolitan
			Police Force
	Thursday 29 January	Until no later than	Liberty; the Bar Council
		10.25 am
	Thursday 29 January	Until no later than	Home Office;
		3.00 pm	Department for Transport

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(3)	proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clauses 1 to 16; Schedule 1; Clauses 17 to 20; Schedule 2;

Clauses 21 to 25; Schedule 3; Clauses 26 to 31; Schedule 4; Clauses 32 to 61;

Schedule 5; Clauses 62 to 86; Schedules 6 and 7; Clauses 87 to 91; new

Clauses; new Schedules; remaining proceedings on the Bill;

(4)	the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 10.25 am on Thursday 26 February.

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Revised 12 February 2009