Police Reform and Social Responsibility Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Police Reform and Social Responsibility Bill

Police Reform and Social Responsibility Bill
Part 3 — Parliament Square Garden and surrounding area
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141
Prohibited activities in controlled area of Parliament Square
(1)
A constable or authorised officer who has reasonable grounds for believing
that a person is doing, or is about to do, a prohibited activity may direct the
person—
(a)
to cease doing that activity, or
5
(b)
(as the case may be) not to start doing that activity.
(2)
For the purposes of this Part, a “prohibited activity” is any of the following—
(a)
operating any amplified noise equipment in the controlled area of
Parliament Square;
(b)
erecting or keeping erected in the controlled area of Parliament
10
Square—
(i)
any tent, or
(ii)
any other structure that is designed, or adapted, (solely or
mainly) for the purpose of facilitating sleeping or staying in a
place for any period;
15
(c)
using any tent or other such structure in the controlled area of
Parliament Square for the purpose of sleeping or staying in that area;
(d)
placing or keeping in place in the controlled area of Parliament Square
any sleeping equipment with a view to its use (whether or not by the
person placing it or keeping it in place) for the purpose of sleeping
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overnight in that area;
(e)
using any sleeping equipment in the controlled area of Parliament
Square for the purpose of sleeping overnight in that area.
(3)
But an activity is not to be treated as a “prohibited activity” within subsection
(2) if it is done—
25
(a)
for police, fire and rescue authority or ambulance purposes,
(b)
by or on behalf of a relevant authority, or
(c)
by a person so far as authorised under section 145 to do it (authorisation
for operation of amplified noise equipment).
(4)
In subsection (2)(a) “amplified noise equipment” means any device that is
30
designed or adapted for amplifying sound, including (but not limited to)—
(a)
loudspeakers, and
(b)
loudhailers.
(5)
In subsection (3)(b) “relevant authority” means any of the following—
(a)
a Minister of the Crown or a government department,
35
(b)
the Greater London Authority, or
(c)
Westminster City Council.
(6)
It is immaterial for the purposes of a prohibited activity—
(a)
in the case of an activity within subsection (2)(b) or (c) of keeping a tent
or similar structure erected or using a tent or similar structure, whether
40
the tent or structure was first erected before or after the coming into
force of this section;
(b)
in the case of an activity within subsection (2)(d) or (e) of keeping in
place any sleeping equipment or using any such equipment, whether
the sleeping equipment was first placed before or after the coming into
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force of this section.

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(7)
In this section “sleeping equipment” means any sleeping bag, mattress or other
similar item designed, or adapted, (solely or mainly) for the purpose of
facilitating sleeping in a place.
(8)
A person who fails without reasonable excuse to comply with a direction
under subsection (1) commits an offence and is liable on summary conviction
5
to a fine not exceeding level 5 on the standard scale.
142
Directions under section 141: further provision
(1)
A direction requiring a person to cease doing a prohibited activity may include
a direction that the person does not start doing that activity again after having
ceased it.
10
(2)
A direction requiring a person not to start doing a prohibited activity continues
in force until—
(a)
the end of such period beginning with the day on which the direction
is given as may be specified by the constable or authorised officer
giving the direction, or
15
(b)
if no such period is specified, the end of the period of 90 days beginning
with the day on which the direction is given.
(3)
A period specified under subsection (2)(a) may not be longer than 90 days.
(4)
A direction may be given to a person to cease operating, or not to start
operating, any amplified noise equipment only if it appears to the constable or
20
authorised officer giving the direction that the following condition is met.
(5)
The condition is that the person is operating, or is about to operate, the
equipment in such a manner as to produce sound that other persons in or in
the vicinity of the controlled area of Parliament Square can hear or are likely to
be able to hear.
25
(6)
A direction—
(a)
may be given orally,
(b)
may be given to any person individually or to two or more persons
together, and
(c)
may be withdrawn or varied by the person who gave it.
30
(7)
In this section—
“amplified noise equipment” has the meaning given by section 141(4);
“direction” means a direction given under section 141(1).
143
Power to seize property
(1)
A constable or authorised officer may seize and retain a prohibited item that is
35
on any land in the controlled area of Parliament Square if it appears to that
constable or officer that the item is being, or has been, used in connection with
the commission of an offence under section 141.
(2)
A constable may seize and retain a prohibited item that is on any land outside
of the controlled area of Parliament Square if it appears to the constable that the
40
item has been used in connection with the commission of an offence under
section 141.
(3)
A “prohibited item” is any item of a kind mentioned in section 141(2).

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(4)
The constable or authorised officer may use reasonable force, if necessary, in
exercising a power of seizure under subsection (1) or (in the case of a constable)
under subsection (2).
(5)
An item seized under this section must be returned to the person from whom
it was seized—
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(a)
no later than the end of the period of 28 days beginning with the day on
which the item was seized, or
(b)
if proceedings are commenced against the person for an offence under
section 141 before the return of the item under paragraph (a), at the
conclusion of those proceedings.
10
(6)
If it is not possible to return an item under subsection (5) because the name or
address of the person from whom it was seized is not known—
(a)
the item may be returned to any other person appearing to have rights
in the property who has come forward to claim it, or
(b)
if there is no such person, the item may be disposed of or destroyed at
15
any time after the end of the period of 90 days beginning with the day
on which the item was seized.
(7)
Subsections (5)(b) and (6) do not apply if a court makes an order under section
144(1)(a) for the forfeiture of the item.
(8)
The references in subsections (1) and (2) to an item that is “on” any land include
20
references to an item that is in the possession of a person who is on any such
land.
144
Power of court on conviction
(1)
The court may do either or both of the following on the conviction of a person
(“P”) of an offence under section 141—
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(a)
make an order providing for the forfeiture of any item of a kind
mentioned in subsection (2) of that section that was used in the
commission of the offence;
(b)
make such other order as the court considers appropriate for the
purpose of preventing P from engaging in any prohibited activity in the
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controlled area of Parliament Square.
(2)
An order under subsection (1)(b) may (in particular) require P not to enter the
controlled area of Parliament Square for such period as may be specified in the
order.
(3)
Power of the court to make an order under this section is in addition to the
35
court’s power to impose a fine under section 141(8).
145
Authorisation for operation of amplified noise equipment
(1)
The responsible authority for any land in the controlled area of Parliament
Square may authorise a person in accordance with this section to operate on
that land any amplified noise equipment (as defined by section 141(4)).
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(2)
An application for authorisation must be made to the responsible authority by
or on behalf of the person (or persons) seeking the authorisation.
(3)
The responsible authority may—

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(a)
determine the form in which, and the manner in which, an application
is to be made;
(b)
specify the information to be supplied in connection with an
application;
(c)
require a fee to be paid for determining an application.
5
(4)
If an application is duly made to a responsible authority, the authority must—
(a)
determine the application, and
(b)
give notice in writing to the applicant of the authority’s decision within
the period of 21 days beginning with the day on which the authority
receives the application.
10
(5)
The notice must specify—
(a)
the person (or persons) authorised (whether by name or description),
(b)
the kind of amplified noise equipment to which the authorisation
applies,
(c)
the period to which the authorisation applies, and
15
(d)
any conditions to which the authorisation is subject.
(6)
The responsible authority may at any time—
(a)
withdraw an authorisation given to a person under this section, or
(b)
vary any condition to which an authorisation is subject.
(7)
Variation under subsection (6)(b) includes—
20
(a)
imposing a new condition,
(b)
removing an existing condition, or
(c)
altering any period to which a condition applies.
(8)
The exercise of a power under subsection (6) to withdraw an authorisation or
to vary a condition is effected by the responsible authority giving notice in
25
writing to the applicant.
146
Meaning of “authorised officer” and “responsible authority”
(1)
This section applies for the purposes of this Part.
(2)
“Authorised officer”, in relation to any land in the controlled area of Parliament
Square, means—
30
(a)
an employee of the responsible authority for that land who is
authorised in writing by the authority for the purposes of this Part, and
(b)
any other person who, under arrangements made with the responsible
authority (whether by that or any other person), is so authorised for the
purposes of this Part.
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(3)
“Responsible authority”, in relation to any land in the controlled area of
Parliament Square, means—
(a)
the Greater London Authority, for any land comprised in the central
garden of Parliament Square (as defined by section 140(2)), and
(b)
Westminster City Council, for any other land.
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147
Effect of Part on byelaws
(1)
In section 385 of the Greater London Authority Act 1999 (byelaws), after

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Part 4 — Miscellaneous
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subsection (6) insert—
“(6A)
Byelaws under this section may not be made as respects Parliament
Square Garden for the purpose of prohibiting a particular activity so far
as that activity is a prohibited activity for the purposes of Part 3 of the
Police Reform and Social Responsibility Act 2011 (see section 141(2) of
5
that Act).”.
(2)
Any byelaw made under section 385 of the Greater London Authority Act 1999
before the date on which section 141 above comes into force ceases to have
effect on that date so far as the byelaw makes provision prohibiting, as respects
the controlled area of Parliament Square, a particular activity that is a
10
prohibited activity for the purposes of this Part.
(3)
Nothing in this Part restricts the making of any byelaw under section 235(1) of
the Local Government Act 1972 (power of councils to make byelaws) for the
purpose of prohibiting, as respects the controlled area of Parliament Square, a
particular activity except so far as the activity is a prohibited activity for the
15
purposes of this Part.
Part 4
Miscellaneous
Seizure powers under byelaws
148
Enforcement of byelaws: powers of seizure etc
20
(1)
After section 237 of the Local Government Act 1972 (offences against byelaws)
insert—
“237ZA
Section 235 byelaws: powers of seizure etc
A byelaw made under section 235 may include provision for or in
connection with—
25
(a)
the seizure and retention of any property in connection with
any contravention of the byelaw, and
(b)
the forfeiture of any such property on a person’s conviction of
an offence of contravention of the byelaw.”.
(2)
In section 385 of the Greater London Authority Act 1999 (byelaws), in
30
subsection (4)(b) for “a trading byelaw” substitute “any byelaw under this
section”.
Misuse of drugs
149
Temporary control of drugs
Schedule 16 (which makes provision for temporary class drug orders under the
35
Misuse of Drugs Act 1971) has effect.
150
Advisory Council on the Misuse of Drugs
In Schedule 1 to the Misuse of Drugs Act 1971 (constitution etc of the Advisory
Council on the Misuse of Drugs), in paragraph 1—

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(a)
in sub-paragraph (1), omit the words after “appropriate”, and
(b)
omit sub-paragraph (2).
Arrest warrants
151
Restriction on issue of arrest warrants in private prosecutions
(1)
In section 1 of the Magistrates’ Courts Act 1980 (issue of summons or warrant),
5
after subsection (4) insert—
“(4A)
Where a person who is not a public prosecutor lays an information before a
justice of the peace in respect of an offence to which this subsection applies, no
warrant shall be issued under this section without the consent of the Director
of Public Prosecutions.
10
(4B)
In subsection (4A) “public prosecutor” has the same meaning as in section 29
of the Criminal Justice Act 2003.
(4C)
Subsection (4A) applies to—
(a)
a qualifying offence which is alleged to have been committed outside
the United Kingdom, or
15
(b)
an ancillary offence relating to a qualifying offence where it is alleged
that the qualifying offence was, or would have been, committed outside
the United Kingdom.
(4D)
In subsection (4C) “qualifying offence” means any of the following—
(a)
piracy or an offence under section 2 of the Piracy Act 1837 (piracy
20
where murder is attempted);
(b)
an offence under section 1 of the Geneva Conventions Act 1957 (grave
breaches of Geneva conventions);
(c)
an offence which (disregarding the provisions of the Suppression of
Terrorism Act 1978, the Nuclear Material (Offences) Act 1983, the
25
United Nations Personnel Act 1997 and the Terrorism Act 2000) would
not be an offence apart from section 1 of the Internationally Protected
Persons Act 1978 (attacks and threats of attacks on protected persons);
(d)
an offence under section 1 of the Taking of Hostages Act 1982 (hostage-
taking);
30
(e)
an offence under section 1, 2 or 6 of the Aviation Security Act 1982
(hijacking etc);
(f)
an offence which (disregarding the provisions of the Internationally
Protected Persons Act 1978, the Suppression of Terrorism Act 1978, the
United Nations Personnel Act 1997 and the Terrorism Act 2000) would
35
not be an offence apart from sections 1 to 2A of the Nuclear Material
(Offences) Act 1983 (offences relating to nuclear material);
(g)
an offence under section 134 of the Criminal Justice Act 1988 (torture);
(h)
an offence under section 1 of the Aviation and Maritime Security Act
1990 (endangering safety at aerodromes);
40
(i)
an offence under sections 9 to 14 of that Act (hijacking ships etc);
(j)
an offence which (disregarding the provisions of the Internationally
Protected Persons Act 1978, the Suppression of Terrorism Act 1978, the
Nuclear Material (Offences) Act 1983 and the Terrorism Act 2000)
would not be an offence apart from sections 1 to 3 of the United Nations
45
Personnel Act 1997 (attacks on UN workers etc).

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(4E)
In subsection (4C) “ancillary offence”, in relation to an offence, means—
(a)
an offence under Part 2 of the Serious Crime Act 2007 (encouraging or
assisting crime) in relation to the offence (including, in relation to times
before the commencement of that Part, an offence of incitement);
(b)
attempting or conspiring to commit the offence.”.
5
(2)
In section 25 of the Prosecution of Offences Act 1985 (consents to prosecutions
etc), after subsection (2) insert—
“(2A)
Subsection (2)(a) is subject to section 1(4A) of the Magistrates’ Courts Act
1980.”.
Part 5
10
Final provisions
152
Orders and regulations
(1)
Any power of the Secretary of State under this Act to make an order or
regulations is exercisable by statutory instrument.
(2)
A statutory instrument containing any of the following orders or regulations
15
may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament—
(a)
regulations under section 31 or 54(2) or paragraph 21(a) of Schedule 6;
(b)
an order under section 58;
(c)
regulations under section 125, 127, 128, 130, 133 or 135(2).
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(3)
Any other statutory instrument containing an order or regulations under this
Act, except an instrument containing only an order specified in subsection (4),
is subject to annulment in pursuance of a resolution of either House of
Parliament.
(4)
The orders referred to subsection (3) are those under section 54(1)(b), 55(1), 77
25
or 155.
(5)
An order or regulations made by the Secretary of State under this Act may—
(a)
include incidental, supplementary and consequential provision;
(b)
make transitory or transitional provision or savings;
(c)
make different provision for different cases, areas or purposes.
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153
Money
The following are to be paid out of money provided by Parliament—
(a)
expenditure incurred by a Minister of the Crown by virtue of this Act;
(b)
any increase attributable to this Act in the sums payable under any other Act
out of money so provided.
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154
Extent
(1)
This Act extends to England and Wales only.
(2)
Subsection (1) is subject to subsections (3) and (4).
(3)
The following provisions extend to England and Wales, Scotland and Northern
Ireland—
40