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| | Each individual police authority must determine objectives for the |
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| | policing of their own local area.” |
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| | (10) | For section 38 (setting of performance targets) substitute— |
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| | | “Where an objective has been determined under section 37, the relevant |
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| | police authority shall establish levels of performance (performance |
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| | targets to be aimed at in seeking to achieve the objective).” |
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| | (11) | Section 39 (Codes of Practice) is repealed. |
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| | (12) | Section 41 (Directions as to a minimum budget) is repealed. |
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| | (13) | Section 44 (Reports from Chief constables) is repealed. |
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| | (14) | The Local Government Act 1999 is amended as follows. |
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| | (15) | In section 31(9) (major precepting authorities: further recognition), after “1992”, |
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| | insert “, but excluding police authorities and the Metropolitan Police |
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| To move the following Clause:— |
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| | ‘After section 24B of the Aviation Security Act 1982 (c. 36) insert— |
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| | “24C | Police powers to search aeroplanes |
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| | (1) | If the Secretary of State has any reason to believe that an aircraft that is |
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| | in flight over the United Kingdom is or has been or may be involved in |
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| | an act of unlawful rendition then he or she may require the aircraft to land |
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| | |
| | (2) | If an aircraft is required to land in accordance with subsection (1), a |
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| | responsible person must, as soon as practicable after the aircraft has |
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| | landed, enter and search the aircraft. |
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| | (3) | The Secretary of State or a responsible person must enter and search an |
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| | aircraft if he or she has any reason to believe that— |
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| | (a) | an aircraft in an aerodrome is or has been or may be involved in |
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| | an act of unlawful rendition; or |
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| | (b) | in respect of an aircraft in an aerodrome, incomplete or incorrect |
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| | information under sections 32 and 33 of the Immigration, |
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| | Asylum and Nationality Act 2006 (c. 13) has been supplied. |
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| | (4) | For the purposes of subsections (2) and (3), a search of an aircraft is to be |
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| | carried out to determine if— |
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| | (a) | the aircraft has been, or may be involved in an act of unlawful |
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| | (b) | a criminal offence has been committed, or |
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| | (c) | allowing the aircraft to continue on its journey could place the |
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| | United Kingdom in breach of its obligations under the European |
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| | Convention on Human Rights, |
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| | but these powers may only be exercised when it is not reasonably |
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| | practicable to apply for a warrant of entry in accordance with section 8 of |
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| | the Police and Criminal Evidence Act 1984 (c. 60). |
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| | (5) | A person who carries out a search under this section may remove any |
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| | items from the aircraft if it may be evidence of any of the matters set out |
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| | |
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| | “an act of unlawful rendition” means an act, not being in accordance with |
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| | formal lawful extradition or deportation procedures, involving the |
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| | forcible transportation of a person to a territory where he or she may be |
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| | subjected to torture and inhuman and degrading treatment; |
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| | “a responsible person” means— |
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| | (a) | the chief officer of police of a police force maintained for a |
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| | police area in England and Wales; |
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| | (b) | the chief constable of a police force maintained under the Police |
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| | (Scotland) Act 1967 (c. 77); |
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| | (c) | the Chief Constable of the Police Service of Northern Ireland; |
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| | (d) | one of the Commissioners of Her Majesty’s Revenue and |
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| | (e) | a constable designated by any of the persons specified in |
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| | paragraphs (a) to (c).”’. |
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| | Premises licences: authorised persons, interested parties and responsible authorities |
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| To move the following Clause:— |
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| | ‘(1) | The Licensing Act 2003 (c. 17) is amended as follows. |
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| | (2) | After section 13(3)(d), insert— |
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| | (i) | the licensing authority in whose area the premises are |
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| | (ii) | any other licensing authority if there are persons living |
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| | in the area of that authority or bodies in the area of that |
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| | authority who fall within subsection (3).’. |
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| To move the following Clause:— |
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| | ‘(1) | That the Police and Justice Act 2006 (c. 48) is amended by omitting paragraph 6 |
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| | (2) | Notwithstanding any provision to the contrary contained in the Police and Justice |
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| | Act 2006 or this Act, paragraphs 4 and 5 of Schedule 13 to the Police and Justice |
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| | Act 2006 shall come into force on the day on which this Act is passed.’. |
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| |
| | Permitted temporary activities |
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| To move the following Clause:— |
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| | ‘Schedule 4A (which makes provision about permitted temporary activities) has |
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| | Encrypted data: amendment of penalty and notification requirements |
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| To move the following Clause:— |
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| | ‘(1) | Section 53 of the Regulation of Investigatory Powers Act 2000 (c.23) (failure to |
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| | comply with a notice) is amended as follows. |
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| | (2) | In subsection 5A, after paragraph (a) insert— |
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| | “(aa) | where subsection 5C applies, five years;”. |
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| | (3) | After subsection 5B insert— |
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| | “(5C) | This section applies where— |
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| | (a) | the offender has been previously convicted of a relevant sexual |
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| | |
| | (b) | an indecent photograph of a child has been found in his |
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| | (c) | the court is satisfied that it is more likely than not that the |
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| | protected information may contain an indecent photograph of a |
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| | |
| | (5D) | For the purposes of subsection 5C— |
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| | “relevant sexual offence” means an offence under— |
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| | (a) | section 1 of the Protection of Children Act 1978 (c.37) (indecent |
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| | photographs of children); |
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| | (b) | section 160 of the Criminal Justice Act 1988 (c.33) (possession |
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| | of indecent photographs of a child); |
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| | (c) | section 170 of the Customs and Excise Management Act 1979 |
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| | (c.2) (penalty for fraudulent evasion of duty etc) in relation to |
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| | goods prohibited to be imported under section 42 of the Customs |
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| | Consolidation Act 1876 (c.36) (indecent or obscene articles), if |
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| | the prohibited goods included indecent photographs of persons |
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| | |
| | (d) | sections 48 to 50 of the Sexual Offences Act 2003 (c.42) (abuse |
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| | of children through prostitution or pornography) where the |
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| | victim was under 18 and involved pornography; |
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| | “indecent photograph of a child” has the same definition as in sections 1 and |
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| | 7 of the Protection of Children Act 1978 (c.37), and for the avoidance of |
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| | a doubt includes a reference to a pseudo-photograph of a child or a |
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| | tracing of an indecent photograph with the meaning of section 7(4A) of |
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| | (4) | In Schedule 3 of the Sexual Offences Act 2003 (c.42), after paragraph 35 insert— |
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| | “36 | An offence under section 53 of the Regulation of Investigatory Powers |
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| | Act 2000 (c.23) where subsection 5C applies.”’. |
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| |
| | Annual report on e-borders programme |
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| To move the following Clause:— |
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| | ‘The Secretary of State shall present an annual report on progress on the |
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| | implementation of the e-borders programme, until such time as it is formally |
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| To move the following Schedule:— |
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| | ‘Injunctions: Powers to Remand |
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| | |
| | 1 (1) | The provisions of this Schedule apply where the court has power to remand a |
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| | person under section [Arrest without warrant](5) or [Issue of warrant of |
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| |
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| | (2) | In this Schedule, “the court” means the High Court or a county court and |
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| | (a) | in relation to the High Court, a judge of that court, and |
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| | (b) | in relation to a county court, a judge or district judge of that court. |
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| | Remand in custody or on bail |
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| | |
| | (a) | remand the person in custody, that is, commit the person to custody to |
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| | be brought before the court at the end of the period of remand or at |
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| | such earlier time as the court may require, or |
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| | (b) | remand the person on bail. |
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| | (2) | The court may remand the person on bail— |
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| | (a) | by taking from the person a recognizance, with or without sureties, |
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| | conditioned as provided in paragraph 3, or |
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| | (b) | by fixing the amount of the recognizances with a view to their being |
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| | taken subsequently and, in the meantime, committing the person to |
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| | custody as mentioned in sub-paragraph (1)(a). |
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| | (3) | Where a person is brought before the court after remand, the court may further |
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| | |
| | 3 (1) | Where a person is remanded on bail, the court may direct that the person’s |
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| | recognizance be conditioned for the person’s appearance— |
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| | (a) | before that court at the end of the period of remand, or |
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| | (b) | at every time and place to which during the course of the proceedings |
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| | the hearing may from time to time be adjourned. |
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| | (2) | Where a recognizance is conditioned for a person's appearance as mentioned |
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| | in sub-paragraph (1)(b), the fixing of any time for the person next to appear is |
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| | to be treated as a remand. |
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| | (3) | Nothing in this paragraph affects the power of the court at any subsequent |
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| | hearing to remand the person afresh. |
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| | 4 (1) | The court may not remand a person for a period exceeding 8 clear days |
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| | |
| | (a) | the person is remanded on bail, and |
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| | (b) | both that person and the person who applied for the injunction consent |
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| | |
| | (2) | Where the court has power to remand a person in custody it may, if the remand |
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| | is for a period not exceeding 3 clear days, commit the person to the custody of |
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| | 5 (1) | If the court is satisfied that a person who has been remanded is unable by |
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| | reason of illness or accident to appear or be brought before the court at the |
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| | expiration of the period of remand, the court may, in the absence of the person, |
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| | further remand the person. |
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| | (2) | The power mentioned in sub-paragraph (1) may, in the case of a person who |
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| | was remanded on bail, be exercised by enlarging the person’s recognizance |
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| | and those of any sureties for the person to a later time. |
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| | (3) | Where a person remanded on bail is bound to appear before the court at any |
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| | time and the court has no power to remand the person under sub-paragraph (1), |
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| | the court may (in the person’s absence) enlarge the person’s recognizance and |
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| | those of any sureties for the person to a later time. |
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| | (4) | The enlargement of the person’s recognizance is to be treated as a further |
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| | |
| | (5) | Paragraph 4(1) (limit of remand) does not apply to the exercise of the powers |
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| | conferred by this paragraph. |
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| | Postponement of taking recognizance |
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| | 6 | Where under paragraph 2(2)(b) the court fixes the amount in which the |
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| | principal and the sureties, if any, are to be bound, the recognizance may |
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| | afterwards be taken by such person as may be prescribed by rules of court, with |
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| | the same consequences as if it had been entered into before the court. |
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| | Requirements imposed on remand on bail |
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| | 7 | The court may when remanding a person on bail under this Schedule require |
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| | the person to comply, before release on bail or later, with such requirements as |
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| | appear to the court to be necessary to secure that the person does not interfere |
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| | with witnesses or otherwise obstruct the course of justice.’. |
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| To move the following Schedule:— |
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| | |
| | permitted temporary activities |
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| | 8 | Part 5 of the Licensing Act 2003 (permitted temporary activities) has effect |
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| | subject to the following amendments. |
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| | 9 | In the cross-heading before section 104 (objection to notice by police) omit |
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| | |
| | 10 | In section 104(2) omit “(an ‘objection notice’)”. |
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| | 11 | After section 104 (Police objections) insert— |
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| | “104A | Objection to notice by local authority officers |
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| | (1) | Where an officer of a local authority which, in its capacity as a |
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| | licensing authority, receives a temporary event notice under this Part |
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| | is satisfied that allowing the premises to be used in accordance with |
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| | the notice would undermine any of the four licensing objectives, he |
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| | may give a notice stating the reasons why he is so satisfied— |
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| | (a) | to the relevant licensing authority, and |
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| | (b) | to the premises user. |
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| | (2) | The objection notice must be given no later than two clear working |
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| | days after the licensing authority receives the temporary event notice |
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| | |
| | (3) | Subsection (2) does not apply at any time after the relevant licensing |
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| | authority has received a copy of a counter notice under section 107 in |
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| | respect of the temporary event notice. |
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