Crime and Security Bill

House of Commons

Session 2009 - 10
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Other Bills before Parliament

Crime and Security Bill

Crime and Security Bill
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(3)
Nothing in this section affects any power of the Secretary of State to make
payments to, or in respect of, persons who are injured as a result of terrorism
outside the United Kingdom.
(4)
In sections 47 to 54, “injury” includes fatal injury (and “injured” is to be
construed accordingly).
5
48
Compensation scheme
(1)
Arrangements under section 47 may include the making of a scheme
providing, in particular, for—
(a)
the circumstances in which payments may be made, and
(b)
the categories of person to whom payments may be made.
10
(2)
The scheme is to be known as the Victims of Overseas Terrorism
Compensation Scheme (“the Scheme”).
(3)
Sums required for payments to be made in accordance with the Scheme are to
be provided by the Secretary of State.
(4)
Schedule 2 (which makes consequential amendments relating to the Scheme)
15
is part of this section.
49
Eligibility and applications
(1)
The Scheme may make provision about a person’s eligibility for a payment
under it by reference to any or all of the following factors—
(a)
the nationality of the person (or the injured person);
20
(b)
the place of residence of the person (or the injured person);
(c)
the length of time the person (or the injured person) has resided there;
(d)
any other factors that the Secretary of State considers appropriate.
(2)
The Scheme may provide that applications for payments under it may only be
made—
25
(a)
by eligible persons;
(b)
within a period specified in the Scheme (and the Scheme may specify
different periods for different descriptions of act);
(c)
in a manner or form specified in the Scheme.
50
Payments
30
(1)
The Scheme may make provision determining the amount of payments to be
made under it to, or in respect of, persons injured as a result of an act
designated under section 47(2) by reference to any or all of the following
factors—
(a)
the nature of the injury;
35
(b)
loss of earnings resulting from the injury;
(c)
expenses that have been or will be incurred as a result of the injury;
(d)
any other factors that the Secretary of State considers appropriate.
(2)
The Scheme may make provision—
(a)
as to the circumstances in which a payment may be withheld or the
40
amount of a payment reduced;
(b)
for payments to be repayable in circumstances specified in the Scheme;

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(c)
for payments to be made subject to conditions;
(d)
for payments not to exceed such maximum amounts as may be
specified in the Scheme.
(3)
Any amount which falls to be repaid by virtue of subsection (2)(b) is
recoverable as a debt due to the Crown.
5
(4)
Any sums received by the Secretary of State under any provision of the Scheme
made by virtue of subsection (2)(b) are to be paid by the Secretary of State into
the Consolidated Fund.
(5)
Any assignment (or, in Scotland, assignation) of, or charge on, a payment made
under the Scheme, and any agreement to assign or charge such a payment, is
10
void.
(6)
On the bankruptcy of an individual to whom a payment is made under the
Scheme (or in Scotland, on the sequestration of such an individual’s estate), the
payment shall not pass to any trustee or other person acting on behalf of the
individual’s creditors.
15
51
Claims officers etc
(1)
The Scheme may include provision for applications to be determined and
payments to be made by persons (“claims officers”) appointed for the purpose
by the Secretary of State.
(2)
A claims officer—
20
(a)
is to be appointed on such terms and conditions as the Secretary of State
considers appropriate;
(b)
is not to be regarded as having been appointed to exercise functions of
the Secretary of State or to act on behalf of the Secretary of State.
(3)
No decision taken by a claims officer shall be regarded as having been taken
25
by, or on behalf of, the Secretary of State.
(4)
The Secretary of State may pay such remuneration, allowances or gratuities to
or in respect of claims officers and other persons exercising functions in
relation to the Scheme as the Secretary of State considers appropriate.
52
Reviews and appeals
30
(1)
The Scheme must include provision for the review, in such circumstances as it
may specify, of any decision taken in respect of an application made under it.
(2)
The Scheme must secure that such a review is conducted by a person other than
the person who made the decision under review.
(3)
The Scheme must include provision for rights of appeal to the First-tier
35
Tribunal against decisions taken on reviews under provisions of the Scheme
made by virtue of subsection (1).
(4)
The power conferred by section 50(2)(a) to provide for the reduction of an
amount of a payment includes power to provide for a reduction where, in the
opinion of the First-tier Tribunal determining an appeal, the appeal is frivolous
40
or vexatious.

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Reports, accounts and financial records
(1)
The Scheme must include provision for such person as the Secretary of State
considers appropriate to make a report to the Secretary of State as soon as
possible after the end of each financial year on the operation of the Scheme
during that year.
5
(2)
The Secretary of State must lay a copy of every such report before Parliament.
(3)
The Scheme must also include provision—
(a)
for such person as the Secretary of State considers appropriate—
(i)
to keep proper accounts and proper records in relation to the
accounts;
10
(ii)
to prepare a statement of accounts in each financial year in such
form as the Secretary of State may direct;
(b)
requiring such a statement of accounts to be submitted to the Secretary
of State at such time as the Secretary of State may direct.
(4)
Where a statement of accounts is submitted to the Secretary of State, the
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Secretary of State must send a copy of it to the Comptroller and Auditor
General as soon as is reasonably practicable.
(5)
The Comptroller and Auditor General must—
(a)
examine, certify and report on any statement of accounts received
under subsection (4);
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(b)
lay copies of the statement and of the report made under paragraph (a)
before Parliament.
(6)
In this section “financial year” means the period beginning with the day on
which this section comes into force and ending with the following 31st March
and each successive period of 12 months.
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54
Parliamentary control
(1)
Before making the Scheme, the Secretary of State must lay a draft of it before
Parliament.
(2)
The Secretary of State must not make the Scheme unless the draft has been
approved by a resolution of each House of Parliament.
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(3)
Before making any alteration to a provision of the Scheme made by virtue of—
(a)
section 49(1) (eligibility for payments under the scheme),
(b)
section 50(1) (determination of amount of payment),
(c)
section 50(2)(a) (circumstances in which payment may be withheld or
reduced),
35
(d)
section 50(2)(d) (payments not to exceed specified maximum amount),
or
(e)
section 52 (reviews and appeals),

the Secretary of State must lay before Parliament a draft of the provision as
proposed to be altered.
40
(4)
The Secretary of State must not give effect to the proposal concerned unless the
draft has been approved by a resolution of each House of Parliament.
(5)
Before making any other alteration to the Scheme the Secretary of State must
lay a statement of the altered provision before Parliament.

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(6)
If a statement laid before either House of Parliament under subsection (5) is
disapproved by a resolution of that House passed before the end of the period
of 40 days beginning with the date on which the statement was laid, the
Secretary of State must—
(a)
make such alterations in the Scheme as appear to the Secretary of State
5
to be required in the circumstances, and
(b)
before the end of the period of 40 days beginning with the date on
which the resolution was made, lay a statement of those alterations
before Parliament.
(7)
In calculating the period of 40 days mentioned in subsection (6), any period
10
during which Parliament is dissolved or prorogued or during which both
Houses are adjourned for more than 4 days is to be disregarded.
Sale and supply of alcohol
55
Power to restrict sale and supply of alcohol
(1)
The Licensing Act 2003 is amended as follows.
15
(2)
In Part 9 (miscellaneous and supplementary), after section 172 there is
inserted—
“Early morning alcohol restriction orders
172A
Power to make early morning alcohol restriction order
(1)
If a licensing authority considers it necessary for the promotion of the
20
licensing objectives, it may, subject as follows, make an order under this
section.
(2)
An order under this section is an order providing that —
(a)
premises licences and club premises certificates granted by the
authority, and temporary event notices given to the authority,
25
shall not have effect to the extent that they authorise the sale of
alcohol between 3am and 6am, and
(b)
club premises certificates granted by the authority shall not
have effect to the extent that they authorise the supply of
alcohol by or on behalf a club to, or to the order of, a member of
30
the club between 3am and 6am.
(3)
It is immaterial for the purposes of an order under this section whether
a premises licence or club premises certificate is granted, or a
temporary event notice is given, before or after the order is made.
(4)
An order under this section may provide that it is to apply—
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(a)
every day or only on particular days (for example, particular
days of the week or year),
(b)
in relation to the whole or part of a licensing authority’s area, or
(c)
for a limited or unlimited period.
(5)
An order under this section must specify—
40
(a)
the days in relation to which it is to apply,
(b)
the area in relation to which it is to apply,
(c)
if it is to apply for a limited period, that period, and

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(d)
the date from which it is to apply.
(6)
An order under this section must—
(a)
be in the prescribed form, and
(b)
have the prescribed content.
172B
Procedural requirements for early morning alcohol restriction order
5
(1)
A licensing authority proposing to make an order under section 172A
must—
(a)
advertise the proposed order in the prescribed manner, and
(b)
hold a hearing to consider any relevant representations, unless
the authority and each person who has made such
10
representations agree that a hearing is unnecessary.
(2)
In this section “relevant representations” means representations
which—
(a)
are about the likely effect of the making of the proposed order
on the promotion of the licensing objectives,
15
(b)
are made to the licensing authority by—
(i)
an affected person,
(ii)
an interested party, or
(iii)
a responsible authority,
(c)
are made in the prescribed form and manner and within the
20
prescribed period,
(d)
have not been withdrawn, and
(e)
in the case of representations made by an affected person or an
interested party (who is not also a responsible authority), that
they are not, in the opinion of the licensing authority, frivolous
25
or vexatious.
(3)
In subsection (2)(b)(i) “affected person” means—
(a)
the holder of a premises licence or club premises certificate in
respect of affected premises,
(b)
the premises user in relation to a temporary event notice in
30
respect of affected premises,
(c)
a person who has applied for a premises licence or club
premises certificate in respect of affected premises (where the
application has not been determined), and
(d)
a person to whom a provisional statement has been issued in
35
respect of affected premises.
(4)
In subsection (2)(b)(ii) “interested party” means—
(a)
a person living in the vicinity of affected premises,
(b)
a body representing persons who live in that vicinity,
(c)
a person involved in a business in that vicinity,
40
(d)
a body representing persons involved in such businesses, and
(e)
a member of the licensing authority.
(5)
In subsection (2)(b)(iii) “responsible authority” means—
(a)
the chief officer of police for a police area any part of which is in
the area specified in the order,
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(b)
the fire and rescue authority for an area any part of which is in
the area specified in the order,

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(c)
the local weights and measures authority for any such area,
(d)
the enforcing authority within the meaning given by section 18
of the Health and Safety at Work etc Act 1974 for any such area,
(e)
the local planning authority within the meaning given by the
Town and Country Planning Act 1990 for any such area,
5
(f)
the local authority by which statutory functions are exercisable
in the area specified in the order in relation to minimising or
preventing the risk of pollution of the environment or of harm
to human health,
(g)
a body which—
10
(i)
represents those who, in relation to the area specified in
the order, are responsible for, or interested in, matters
relating to the protection of children from harm, and
(ii)
is recognised by the licensing authority for the purposes
of this section as being competent to advise on such
15
matters,
(h)
any other licensing authority in whose area part of any affected
premises is situated,
(i)
where affected premises are a vessel—
(i)
a navigation authority (within the meaning of section
20
221(1) of the Water Resources Act 1991) having
functions in relation to the waters where the vessel is
usually moored or berthed or any waters where it is
navigated at a time when it is used for licensable
activities to which the proposed order relates,
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(ii)
the Environment Agency,
(iii)
the British Waterways Board, and
(iv)
the Secretary of State, and
(j)
a prescribed person.
(6)
Where a licensing authority determines for the purposes of subsection
30
(2)(e) that any representations are frivolous or vexatious, it must notify
the person who made them of its reasons for its determination.
(7)
In this section—
“affected premises”, in relation to a proposed order, means
premises in respect of which it applies from the date specified
35
in it;
“statutory function” means a function conferred by or under an
enactment.
172C
Making of early morning alcohol restriction order
(1)
A licensing authority may not make an order under section 172A
40
applying in relation to—
(a)
an area not specified in the proposed order advertised under
section 172B, or
(b)
a day not specified in that proposed order.
(2)
After making an order under section 172A a licensing authority must
45
publish it or otherwise make it available—
(a)
in the prescribed form and manner, and
(b)
within the prescribed period.