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| | (2B) | Subsection (3) applies if— |
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| | (a) | the person has been brought before the judge in compliance with |
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| | |
| | (b) | documents have not been produced to the judge in compliance |
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| | |
| | (3) | The person must be brought before the judge when the documents are |
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| | produced to the judge.”’. |
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| |
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| Clause 58, page 71, line 20, at beginning insert ‘While the person is before the |
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| judge in pursuance of subsection (2),’. |
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| |
| | |
| Clause 58, page 71, line 21, leave out ‘(3)’ and insert ‘(2A)’. |
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| Clause 58, page 71, line 24, leave out ‘(2)’ and insert ‘(2A)’. |
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| |
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| Clause 58, page 71, line 28, leave out subsection (3D). |
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| |
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| Clause 58, page 71, line 31, at end insert— |
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| | ‘(3A) | After subsection (5) insert— |
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| | “(5A) | Subsection (5B) applies if— |
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| | (a) | the person is before the judge in pursuance of subsection (2); and |
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| | (b) | the documents specified in subsection (4) have not been |
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| | |
| | (5B) | The judge must remand the person in custody or on bail (subject to |
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| | |
| | (3B) | In subsection (6) after “subsection (2)” insert “, (2A) or (3)”.’. |
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| |
| | |
| Clause 58, page 71, line 32, leave out subsection (4). |
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| |
| | |
| Clause 58, page 71, line 33, at end insert— |
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| | ‘(5) | After subsection (8) insert— |
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| | “(8A) | In calculating a period of 48 hours for the purposes of this section no |
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| | account is to be taken of— |
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| | (a) | any Saturday or Sunday; |
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| | |
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| |
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| | |
| | (d) | any day falling within subsection (8B). |
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| | (8B) | The following days fall within this subsection— |
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| | (a) | in Scotland, any day prescribed under section 8(2) of the |
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| | Criminal Procedure (Scotland) Act 1995 as a court holiday in the |
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| | court of the appropriate judge; |
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| | (b) | in any part of the United Kingdom, any day that is a bank holiday |
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| | under the Banking and Financial Dealings Act 1971 in that part |
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| | of the United Kingdom.”’. |
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| |
| | |
| Clause 58, page 71, line 33, at end insert— |
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| | ‘(6) | In section 7(1)(b) of the Extradition Act 2003 (application of provisions for |
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| | verifying the identity of the person arrested) for “is arrested under section 5 and |
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| | section 6(2)” substitute “arrested under section 5 is brought before the appropriate |
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| | judge under section 6 and section 6(2A)”.’. |
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| |
| |
| | |
| Page 71, line 15, leave out Clause 58. |
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| |
| | |
| Clause 60, page 74, line 26, after ‘officer’, insert ‘or a chief officer of another |
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| police force who has lead responsibility for security or serious and organised operations |
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| under any police force collaboration agreement relating to the area in which the |
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| |
| |
| |
| | |
| Clause 60, page 76, line 26, at end insert ‘or a chief officer of another police force |
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| who has lead responsibility for security or serious and organised operations under any |
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| police force collaboration agreement relating to the area in which the aerodrome is |
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| |
| |
| |
| | |
| Clause 60, page 78, line 3, leave out from ‘who’ to first ‘the’ in line 4 and insert |
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| |
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| Clause 60, page 78, line 33, at end insert ‘provided that such agreement required of |
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| any individual shall not be unreasonably withheld’. |
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| | |
| Clause 60, page 78, line 35, at end insert ‘provided that such agreement required of |
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| any individual shall not be unreasonably withheld’. |
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| |
| | |
| Clause 60, page 80, line 24, after ‘to (6)’ insert ‘or (8)’. |
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| |
| |
| | |
| Clause 60, page 81, line 19, at end insert ‘, or |
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| | (c) | a dispute about the costs of policing to be met by the aerodrome |
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| | |
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| |
| | |
| Clause 60, page 82, line 3, leave out ‘thinks’ and insert ‘reasonably believes’. |
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| |
| |
| | |
| Clause 60, page 82, line 15, at end insert ‘provided that the Secretary of State |
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| believes that the amount of such payment in respect of costs is reasonable and |
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| proportionate having regard to all the relevant circumstances.’. |
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| |
| |
| | |
| Clause 60, page 83, line 27, at end insert ‘provided that the Secretary of State |
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| believes that the amount of such payment in respect of costs is reasonable and |
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| proportionate having regard to all the relevant circumstances.’. |
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| |
| | |
| Clause 60, page 83, line 27, at end insert— |
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| | ‘(4A) | Subsection (4)(a) does not apply in relation to security measures taken by the |
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| | chief officer of police for the relevant police area.’. |
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| |
| |
| | |
| Clause 60, page 83, line 39, at end insert ‘and, for the avoidance of doubt, any such |
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| appeal shall not be restricted to the judicial review of the Secretary of State’s decision.’. |
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| |
| | |
| Clause 60, page 84, line 7, leave out ‘modifications specified in the order’ and |
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| insert ‘specified modifications’. |
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| |
| |
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| |
| | |
| Clause 60, page 84, line 18, at end insert— |
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| | ‘“dispute about security planning for an aerodrome”, “dispute about the |
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| | contents of an aeordrome security plan” and “dispute about the |
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| | implementation of an aerodrome security plan” have the meanings given |
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| | by section 24AM(2) to (4);’. |
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| |
| |
| |
| | |
| Schedule 5, page 133, line 8, at end insert— |
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| | ‘(8) | In relation to disputes to which this section applies, the Secretary of State shall |
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| | require that the police provider provides all parties to the dispute full and |
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| | transparent information about the resource deployments and justifications for |
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| | |
| | (9) | In determining disputes under this section, the Secretary of State shall have |
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| | regard to the principles of transparency and accountability in relation to the |
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| | policing costs that are reasonable to be born by the aerodrome manager. |
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| | (10) | Such principles will have regard, inter alia, to the following— |
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| | (a) | whether an alternative police provider would have made different |
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| | operational resource judgements based on the identified risks (and |
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| | such comparison may include references to other airports with similar |
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| | |
| | (b) | whether an alternative police provider would have provided those |
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| | resources at a lower cost.’. |
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| |
| | |
| Schedule 5, page 134, line 35, at end insert— |
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| | ‘10A | Omit section 30 (supplementary orders).’. |
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| |
| | |
| Schedule 5, page 134, line 41, at end insert— |
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| | ‘(ba) | before the definition of “immigration officer” insert— |
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| | ‘“dispute about the policing of a relevant aerodrome” has the meaning given |
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| | |
| |
| | |
| Schedule 5, page 136, line 24, at end insert— |
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| | ‘14(1) | The repeal of section 30 of the 1982 Act by paragraph 10A of this Schedule |
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| | |
| | (a) | the validity of an order made under that section (“a section 30 order”) |
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| | |
| | (b) | the operation of subsections (4) and (5) of that section in relation to |
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| | |
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| |
| |
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| | (2) | In relation to any time on or after commencement, any reference in a provision |
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| | of a section 30 order to a designated airport is (if that provision is capable of |
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| | having continuing effect) to be read as a reference to a relevant aerodrome. |
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| | (3) | In this paragraph “commencement” and “the 1982 Act” have the same |
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| | meanings as in paragraph 13.’. |
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| |
| |
| | |
| Clause 62, page 86, line 36, leave out ‘31,’. |
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| Member’s explanatory statement
|
|
| This amendment deletes the replacement of ‘IBB’ by ‘ISA’ in section 31 of the Safeguarding |
|
| Vulnerable Groups Act 2006, because amendment NC27 removes the references to ‘IBB’ from that |
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| |
| |
| | |
| Clause 62, page 87, line 1, leave out ‘1 to 21’ and insert ‘2 to 6, 8 to 21’. |
|
| Member’s explanatory statement
|
|
| This amendment deletes the replacement of ‘IBB’ by ‘ISA’ in paragraphs 1 and 7 of Schedule 3 to |
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| the Safeguarding Vulnerable Groups Act 2006 because amendment NC31 amends those |
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| paragraphs so that they refer to the ISA rather than to the IBB. |
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| |
| | |
| Clause 62, page 87, line 6, after ‘(asp 14),’ insert— |
|
| | ‘(na) | the following enactments in the Safeguarding Vulnerable Groups |
|
| | (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) (including any |
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| | |
| | (i) | Articles 2, 5, 6, 8, 10, 19, 29, 37 to 49 and 52, |
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| | (ii) | paragraphs 2 to 6, 8 to 21, 23 and 25 of Schedule 1, |
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| | (iii) | paragraphs 4 and 8 of Schedule 2, |
|
| | (iv) | paragraph 2 of Schedule 3, and |
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| | (v) | paragraphs 1 to 3 of Schedule 6,’. |
|
| | Member’s explanatory statement
|
|
| | This amendment replaces ‘IBB’ by ‘ISA’ in provisions of the Safeguarding Vulnerable Groups |
|
| | (Northern Ireland) Order 2007. |
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| |
| |
| | |
| Clause 77, page 96, line 27, after ‘prohibited’ insert ‘, subject to section 141ZC’. |
|
| Member’s explanatory statement
|
|
| This amendment makes the prohibition on importation of offensive weapons subject to the |
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| exceptions in new section 141ZC of the Criminal Justice Act 1988 (inserted by amendment 313). |
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| |
| |
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| |
| | |
| Clause 77, page 96, line 35, leave out subsection (4). |
|
| Member’s explanatory statement
|
|
| This amendment omits the order making power to create exceptions and exemptions to the |
|
| prohibition on the importation of offensive weapons, and the power to create defences to certain |
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| |
| |
| | |
| Clause 77, page 97, leave out lines 7 to 35 and insert— |
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| | ‘141ZC | Prohibition on importation of offensive weapons: exceptions |
|
| | (1) | The importation of a weapon is not prohibited by section 141ZB if one of |
|
| | the following exceptions applies. |
|
| | (2) | Exception 1 is that the weapon is imported for the purposes only of |
|
| | functions carried out on behalf of— |
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| | |
| | |
| | (3) | Exception 2 is that the weapon is imported for the purposes only of |
|
| | making it available to a museum or gallery which does not distribute |
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| | |
| | (4) | Exception 3 is that the weapon is imported for the purposes only of |
|
| | making it available for one or more of the following— |
|
| | (a) | theatrical performances; |
|
| | (b) | rehearsals of theatrical performances; |
|
| | (c) | the production of films; |
|
| | (d) | the production of television programmes. |
|
| | |
| | “films” has the meaning given by section 5B of the Copyright, Designs and |
|
| | |
| | “television programmes” has the meaning given by section 405 of the |
|
| | |
| | (6) | The Secretary of State may by order provide for further exceptions from |
|
| | the prohibition on importation of weapons under section 141ZB. |
|
| | (7) | Orders under this section are to be made by statutory instrument. |
|
| | (8) | A statutory instrument containing an order under this section may not be |
|
| | made unless a draft of the instrument has been laid before and approved |
|
| | by a resolution of each House of Parliament.’. |
|
| | Member’s explanatory statement
|
|
| | This amendment sets out exceptions to the importation prohibition, rather than defences to |
|
| | offences under section 50(2) and (3) of the Customs and Excise Management Act 1979. This means |
|
| | the exceptions can be relied on in any criminal proceedings and in forfeiture proceedings under |
|
| | |
| |
| | |
| Clause 77, page 97, line 37, at end insert— |
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|