|
| |
|
(5) | 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. |
| |
(6) | In the application of this section to Northern Ireland the reference in |
| |
subsection (3) to the Firearms Act 1968 is to be construed as a reference |
| 5 |
to the Firearms (Northern Ireland) Order 2004. |
| |
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 |
| 10 |
functions carried out on behalf of— |
| |
| |
| |
(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 |
| 15 |
| |
(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; |
| 20 |
(c) | the production of films; |
| |
(d) | the production of television programmes. |
| |
| |
“films” has the meaning given by section 5B of the Copyright, |
| |
Designs and Patents Act 1988; |
| 25 |
“television programmes” has the meaning given by section 405 of |
| |
the Communications Act 2003. |
| |
(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. |
| 30 |
(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. |
| |
(9) | Expressions used in this section and in section 141 have the same |
| |
meaning in this section as in that section. |
| 35 |
141ZD | Prohibition on importation of offensive weapons: burdens of proof |
| |
(1) | This section applies for the purposes of proceedings for an offence |
| |
under the Customs and Excise Management Act 1979 relating to a |
| |
weapon the importation of which is prohibited by section 141ZB above. |
| |
(2) | An exception conferred by or under section 141ZC is to be taken not to |
| 40 |
apply unless sufficient evidence is adduced to raise an issue with |
| |
respect to the exception. |
| |
|
| |
|
| |
|
(3) | Where sufficient evidence is adduced to raise an issue with respect to |
| |
an exception, it is to be taken to apply unless the contrary is proved |
| |
beyond a reasonable doubt.” |
| |
(2) | Subsection (3) applies where in any proceedings— |
| |
(a) | a person (“the defendant”) is charged in respect of the same conduct |
| 5 |
| |
(i) | an offence under any provision of the Customs and Excise |
| |
Management Act 1979 by virtue of the prohibition on |
| |
importation in section 141(4) of the Criminal Justice Act 1988 as |
| |
it had effect before its repeal by this Act (“the old offence”), and |
| 10 |
(ii) | an offence under that provision of the 1979 Act by virtue of the |
| |
prohibition on importation in section 141ZB(1) of the 1988 Act |
| |
| |
(b) | the only thing preventing the defendant from being found guilty of the |
| |
new offence is the fact that it has not been proved beyond a reasonable |
| 15 |
doubt that the conduct took place after the commencement of this |
| |
| |
(c) | the only thing preventing the defendant from being found guilty of the |
| |
old offence is the fact that it has not been proved beyond a reasonable |
| |
doubt that the conduct took place before the commencement of this |
| 20 |
| |
(3) | For the purpose of determining the guilt of the defendant it is to be |
| |
conclusively presumed that the conduct took place after the commencement of |
| |
| |
(4) | A reference in subsection (2) to an offence includes a reference to— |
| 25 |
(a) | aiding, abetting, counselling or procuring the commission of the |
| |
| |
(b) | conspiracy to commit the offence, |
| |
(c) | an attempt to commit the offence, |
| |
(d) | incitement to commit the offence, and |
| 30 |
(e) | an offence under Part 2 of the Serious Crime Act 2007 (encouraging or |
| |
assisting crime) in relation to the offence. |
| |
| |
103 | Prohibiting attendance at matches in Scotland and Northern Ireland etc |
| |
(1) | In the provisions of the Football Spectators Act 1989 (c. 37) listed in subsection |
| 35 |
(2) for “England and Wales” (in each place) substitute “the United Kingdom”. |
| |
| |
(a) | in section 14 (definition of banning order and other terms), subsections |
| |
(2), (3), (4), (5) and (6), |
| |
(b) | in section 19 (functions of enforcing authority and local police), |
| 40 |
subsections (2), (2A) and (2E)(a), and |
| |
(c) | in section 21A (summary measures: detention), subsection (1). |
| |
(3) | In section 19(2B)(b) of that Act omit “if the match is outside the United |
| |
| |
|
| |
|
| |
|
104 | Requirements to report at police stations |
| |
(1) | The police station specified under any of the provisions listed in subsection (2) |
| |
may be in England, Wales, Scotland or Northern Ireland. |
| |
| |
(a) | section 14E(2) of the Football Spectators Act 1989 (c. 37) (banning order |
| 5 |
to include requirement to report initially at specified police station), |
| |
(b) | section 19(2B) of that Act (notice, in connection with regulated football |
| |
match outside United Kingdom, requiring person to report at specified |
| |
| |
(c) | section 53(2) of the Police, Public Order and Criminal Justice (Scotland) |
| 10 |
Act 2006 (asp 10) (football banning order to include requirement to |
| |
report initially at specified police station), |
| |
(d) | section 61(4) of that Act (notice, in connection with regulated football |
| |
match outside United Kingdom, requiring person to report at specified |
| |
| 15 |
(3) | In section 14E(2) of the Football Spectators Act 1989 omit “in England and |
| |
| |
(4) | In section 53(2)(a) of the Police, Public Order and Criminal Justice (Scotland) |
| |
Act 2006 omit “in Scotland”. |
| |
(5) | In section 66(1) of that Act for “Scotland” substitute “the United Kingdom”. |
| 20 |
105 | Enforcement of 1989 Act in Scotland and Northern Ireland |
| |
(1) | The following provisions of the Football Spectators Act 1989 extend to Scotland |
| |
| |
(a) | section 14J(1) (offence of failing to comply with a requirement imposed |
| |
by a banning order or a requirement imposed under section 19(2B) or |
| 25 |
| |
(b) | section 19(6) (offence of failing, without reasonable excuse, to comply |
| |
with a requirement imposed under section 19(2)), |
| |
(c) | section 20(10) (offence of making a false statement, etc. in connection |
| |
with an application for exemption from requirements imposed by or |
| 30 |
| |
(2) | But in Scotland it is a defence where a person is charged with an offence by |
| |
virtue of subsection (1)(a) to prove that the person had a reasonable excuse for |
| |
failing to comply with the requirement in question. |
| |
(3) | A person guilty of an offence by virtue of subsection (1)(a) is liable on summary |
| 35 |
conviction to imprisonment for a term not exceeding 6 months or a fine not |
| |
exceeding level 5 on the standard scale (or both). |
| |
(4) | A person guilty of an offence by virtue of subsection (1)(b) is liable on summary |
| |
conviction to a fine not exceeding level 2 on the standard scale. |
| |
(5) | A person guilty of an offence by virtue of subsection (1)(c) is liable on summary |
| 40 |
conviction to a fine not exceeding level 3 on the standard scale. |
| |
106 | Enforcement of 2006 Act in England and Wales and Northern Ireland |
| |
(1) | The following provisions of the Police, Public Order and Criminal Justice |
| |
(Scotland) Act 2006 extend to England and Wales and Northern Ireland— |
| |
|
| |
|
| |
|
(a) | section 68(1) and (2) (offences of failing to comply with a requirement |
| |
imposed by a football banning order, under section 61(1) or by a notice |
| |
under section 61(4), and defence of reasonable excuse), |
| |
(b) | section 68(5) (offence of making a false statement, etc. in connection |
| |
with an application for exemption from a notice under section 61(4)). |
| 5 |
(2) | A person guilty of an offence under section 68(1)(a) or (c) of that Act by virtue |
| |
of subsection (1)(a) is liable on summary conviction— |
| |
(a) | in England and Wales, to imprisonment for a term not exceeding 51 |
| |
weeks or a fine not exceeding level 5 on the standard scale (or both), |
| |
(b) | in Northern Ireland, to imprisonment for a term not exceeding 6 |
| 10 |
months or a fine not exceeding level 5 on the standard scale (or both). |
| |
| But in relation to an offence committed before the commencement of section |
| |
281(5) of the Criminal Justice Act 2003 (c. 44) the reference in paragraph (a) to |
| |
51 weeks is to be read as a reference to 6 months. |
| |
(3) | A person guilty of an offence under section 68(1)(b) of the Police, Public Order |
| 15 |
and Criminal Justice (Scotland) Act 2006 (asp 10) by virtue of subsection (1)(a) |
| |
is liable on summary conviction to a fine not exceeding level 2 on the standard |
| |
| |
(4) | A person guilty of an offence by virtue of subsection (1)(b) is liable on summary |
| |
conviction to a fine not exceeding level 3 on the standard scale. |
| 20 |
(5) | Omit articles 1(5) and 5 of the Police, Public Order and Criminal Justice |
| |
(Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 |
| |
| |
107 | Relevant offences for purposes of Part 2 of 1989 Act |
| |
In Schedule 1 to the Football Spectators Act 1989 (c. 37) (offences) in paragraph |
| 25 |
| |
(a) | after “14J(1)” insert “, 19(6), 20(10)”, and |
| |
(b) | after “of this Act” insert “or section 68(1) or (5) of the Police, Public |
| |
Order and Criminal Justice (Scotland) Act 2006 by virtue of section 106 |
| |
of the Policing and Crime Act 2009”. |
| 30 |
| |
108 | Strategies for crime reduction etc: probation authorities |
| |
(1) | The Crime and Disorder Act 1998 (c. 37) is amended as follows. |
| |
(2) | In section 5 (authorities responsible for strategies) after subsection (1)(a) |
| |
| 35 |
“(aa) | every provider of probation services operating within the area |
| |
in pursuance of arrangements under section 3 of the Offender |
| |
Management Act 2007 which provide for it to be a responsible |
| |
authority under this section;”. |
| |
(3) | In that section, in subsection (1B)(b), after “substances” insert “or of reducing |
| 40 |
| |
(4) | In section 6 (duty to formulate and implement strategy) at the end of |
| |
|
| |
|
| |
|
subsection (1)(b) insert “; and |
| |
(c) | a strategy for the reduction of re-offending in the area”. |
| |
(5) | In that section, in subsection (9)(c), after “disorder” insert “or re-offending”. |
| |
(6) | In section 17(1) (duty to consider crime and disorder implications etc) at the |
| |
| 5 |
(c) | re-offending in its area”. |
| |
109 | Application of aspects of UK law to SOCA employees working abroad |
| |
In paragraph 20 of Schedule 1 to the Serious Organised Crime and Police Act |
| |
2005 (c.15) (SOCA not a Crown body) — |
| |
(a) | at the beginning insert “—(1) Subject to sub-paragraphs (2) to (4),”, and |
| 10 |
| |
“(2) | A member of SOCA’s staff who is acting, or purporting to act, |
| |
in the course of service as a member of SOCA’s staff is to be |
| |
treated, for the purposes of section 31(1) of the Criminal |
| |
Justice Act 1948 (jurisdiction in respect of certain indictable |
| 15 |
offences committed in foreign countries), as a British subject |
| |
employed under Her Majesty’s Government in the United |
| |
Kingdom in the service of the Crown who is acting, or |
| |
purporting to act, in the course of the employment. |
| |
(3) | A member of SOCA’s staff, so far as performing outside the |
| 20 |
United Kingdom in the course of employment with SOCA or |
| |
another person duties as a member of SOCA’s staff, is to be |
| |
treated as having overseas Crown employment for the |
| |
purposes of sections 26 to 28 of the Income Tax (Earnings and |
| |
Pensions) Act 2003 (liability to income tax on earnings for |
| 25 |
employees who are resident but not ordinarily resident in the |
| |
UK or who are not resident in the UK). |
| |
(4) | A member of SOCA’s staff who is obliged to live outside the |
| |
United Kingdom in order to perform duties as a member of |
| |
SOCA’s staff is to be treated as being in employment under |
| 30 |
the Crown for the purposes of section 299 of the Act of 2003 |
| |
(no liability to income tax for Crown employees’ foreign |
| |
| |
110 | Partial exemption for SCDEA from Firearms Act 1968 |
| |
In section 54(3) of the Firearms Act 1968 (c. 27) (police and other persons who |
| 35 |
are exempt from certain provisions of the Act and to whom other provisions |
| |
apply with modifications), at the end of paragraph (c), insert “, or |
| |
(d) | a member of the Scottish Crime and Drug Enforcement |
| |
| |
|
| |
|
| |
|
| |
| |
111 | Minor and consequential amendments and repeals and revocations |
| |
(1) | Schedule 7 (which contains minor and consequential amendments and repeals |
| |
and revocations of provisions which are superseded or no longer required or |
| 5 |
which have not been brought into force) has effect. |
| |
(2) | The provisions listed in Schedule 8 are repealed or revoked to the extent |
| |
| |
(3) | The Secretary of State may by order make such supplementary, incidental or |
| |
consequential provision as the Secretary of State considers appropriate for the |
| 10 |
general purposes, or any particular purpose, of this Act or in consequence of |
| |
any provision made by or under this Act or for giving full effect to this Act or |
| |
| |
(4) | The power conferred by subsection (3)— |
| |
(a) | is exercisable by statutory instrument, and |
| 15 |
(b) | includes power to make transitional, transitory or saving provision. |
| |
(5) | The power conferred by this section may, in particular, be exercised by |
| |
amending, repealing, revoking or otherwise modifying any provision made by |
| |
or under an enactment (including this Act and any Act passed in the same |
| |
| 20 |
(6) | An 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. |
| |
(7) | Subsection (6) does not apply to an instrument containing an order under this |
| |
section if the order does not amend or repeal a provision of a public general |
| 25 |
| |
(8) | An instrument containing an order under this section to which subsection (6) |
| |
does not apply is subject to annulment in pursuance of a resolution of either |
| |
| |
(9) | For the purposes of subsection (7), an amendment or repeal is not an |
| 30 |
amendment or repeal of a provision of a public general Act if it is an |
| |
amendment or repeal of a provision which has been inserted (whether by |
| |
substitution or otherwise) into such an Act by a local Act or by any other Act |
| |
which is not a public general Act. |
| |
112 | Transitional, transitory and saving provision |
| 35 |
The Secretary of State may by order made by statutory instrument make such |
| |
transitional, transitory or saving provision as the Secretary of State considers |
| |
appropriate in connection with the coming into force of any provision of this |
| |
| |
| 40 |
The following are to be paid out of money provided by Parliament— |
| |
|
| |
|
| |
|
(a) | any expenditure incurred by virtue of this Act by a Minister of the |
| |
Crown or government department, and |
| |
(b) | any increase attributable to this Act in the sums payable by virtue of |
| |
any other Act out of money so provided. |
| |
| 5 |
(1) | An amendment, repeal or revocation made by this Act has the same extent as |
| |
the provision amended, repealed or revoked subject to— |
| |
(a) | subsections (2) to (6), and |
| |
(b) | any express limitation contained in Schedule 7 or 8. |
| |
(2) | The following provisions extend to England and Wales and Northern Ireland |
| 10 |
| |
(a) | section 20 and Schedule 2, |
| |
| |
| |
| 15 |
| |
(3) | The following provisions extend to England and Wales only— |
| |
| |
(b) | section 25 and Schedule 3, |
| |
| 20 |
| |
(e) | section 104(1) and (2) (so far as relating to the Football Spectators Act |
| |
| |
(4) | Section 102 extends to England and Wales, Scotland and Northern Ireland. |
| |
(5) | Section 104(1) and (2) (so far as relating to the Police, Public Order and |
| 25 |
Criminal Justice (Scotland) Act 2006 (asp 10)) extends to Scotland only. |
| |
(6) | Subsections (1) and (3) to (5) of section 105 extend to Scotland and Northern |
| |
Ireland and subsection (2) of that section extends to Scotland only. |
| |
| |
(1) | Subject as follows, this Act comes into force on such day as the Secretary of |
| 30 |
State may by order appoint. |
| |
(2) | Before making an order under subsection (1) relating to section 104 or 105, the |
| |
Secretary of State must obtain the consent of the Scottish Ministers. |
| |
(3) | The following provisions come into force on such day as the Treasury may by |
| |
| 35 |
| |
| |
| |
(4) | Section 25, Schedule 3 and paragraph 23 of Schedule 7 come into force— |
| |
(a) | in relation to England, on such day as the Secretary of State may by |
| 40 |
| |
|
| |
|