|
|
| |
| |
|
| | |
| | (1) | Regulations which prescribe the fees referred to in section 100(7) and |
|
| | 110(3) may provide for the amount of the fee to be determined by the |
|
| | relevant licensing authority. |
|
| | (2) | Where regulations provide for the amount of a fee to be determined by |
|
| | the relevant licensing authority as mentioned in subsection (1), the |
|
| | |
| | (a) | shall determine the amount of the fee, |
|
| | (b) | may determine different amounts for different classes of case |
|
| | specified in the Regulations, |
|
| | (c) | shall publish the amount of the fee as determined from time to |
|
| | |
| | (d) | shall aim to ensure that the income from fees of that kind as |
|
| | nearly as possible equates to the cost of providing the service to |
|
| | which the fee relates (including a reasonable share of |
|
| | expenditure which is referable only partly or only indirectly to |
|
| | the provision of that service). |
|
| | (3) | For the purposes of subsection (3) a licensing authority shall compare |
|
| | income and costs in such manner, at such times and by reference to such |
|
| | periods as the authority, having regard to any guidance issued by the |
|
| | Secretary of State, thinks appropriate.”. |
|
| | (8) | Regulation 4 of the Licensing Act 2003 (Fees) Regulations 2005 is revoked.’. |
|
| |
| | General duties of licensing authorities |
|
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Licensing Act is amended as follows. |
|
| | (2) | In section 4 (General duties of licensing authorities) insert— |
|
| | “(e) | protecting and improving public health”.’. |
|
| |
|
|
| |
| |
|
| | Crime and Security Act 2010 (Amendment) |
|
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Crime and Security Act 2010 is amended as follows. |
|
| | (2) | In section 172B(3) after paragraph (a) insert new paragraph— |
|
| | “(b) | the holder of a personal licence in respect of affected |
|
| | |
| |
| | Alcohol monitoring requirement |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | After section 212 of the Criminal Justice Act 2003, insert— |
|
| | “212A | Alcohol monitoring requirement |
|
| | (1) | In this Part ‘alcohol monitoring requirement’, in relation to a relevant |
|
| | order, means a requirement that during a period specified in the order, the |
|
| | |
| | |
| | (b) | for the purpose of ascertaining whether there is alcohol in the |
|
| | offender’s body, provide samples of such description as may be |
|
| | determined, at such times or in such circumstances as may |
|
| | (subject to the provisions of the order) be determined by the |
|
| | responsible officer or by the person specified as the person to |
|
| | whom the samples are to be provided, and |
|
| | (c) | pay such amount of no less than £1 and no more than £5 in |
|
| | respect of the costs of taking and analysing the sample as may be |
|
| | |
| | (2) | A court may not impose an alcohol monitoring requirement unless— |
|
| | (a) | it is satisfied that— |
|
| | (i) | the offender has a propensity to misuse alcohol and the |
|
| | offender expresses willingness to comply with the |
|
| | alcohol monitoring requirement, or |
|
| | (ii) | the misuse by the offender of alcohol caused or |
|
| | contributed to the offence in question, and |
|
| | (b) | the court has been notified by the Secretary of State that |
|
| | arrangements for implementing the requirement are available in |
|
| | the area proposed to be specified in the order under section 216 |
|
| | (local justice area to be specified in relevant order). |
|
| | (3) | A relevant order imposing an alcohol monitoring requirement must |
|
| | provide that the results of any tests carried out on any samples provided |
|
|
|
| |
| |
|
| | by the offender to the monitoring officer in pursuance of the requirement |
|
| | are to be communicated to the responsible officer. |
|
| | (4) | The Secretary of State may from time to time give guidance about the |
|
| | exercise of the function of making determinations as to the provision of |
|
| | samples pursuant to subsection (1)(b). |
|
| | (5) | The Secretary of State may make rules for all or any of the following |
|
| | |
| | (a) | regulating the provision of samples pursuant to an alcohol |
|
| | monitoring requirement, including hours of attendance, interval |
|
| | between samples and the keeping of attendance records; |
|
| | (b) | regulating the provision and carrying on of a facility for the |
|
| | |
| | (c) | determining the maximum and minimum fee that may be |
|
| | specified under subsection (1)(c), and the frequency of such |
|
| | |
| | (d) | regulating the functions of the monitoring officer; and |
|
| | (e) | making such supplemental, incidental, consequential and |
|
| | transitional provision as the Secretary of State considers |
|
| | |
| | (6) | In this section, ‘monitoring officer’ means any person, other than the |
|
| | responsible officer, specified in an alcohol monitoring requirement as the |
|
| | person to whom samples must be provided.”. |
|
| | (2) | Schedule (Alcohol monitoring requirement) makes further amendments to the |
|
| | Criminal Justice Act 2003.’. |
|
| |
| | Youth rehabilitation orders: alcohol monitoring requirement |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | In Schedule 1 to the Criminal Justice and Immigration Act 2008, after paragraph |
|
| | |
| | “24A | Alcohol monitoring requirement |
|
| | (1) | In this Part “alcohol monitoring requirement”, in relation to a youth |
|
| | rehabilitation order, means a requirement that during a period specified |
|
| | in the order, the offender must— |
|
| | |
| | (b) | for the purpose of ascertaining whether there is alcohol in the |
|
| | offender’s body, provide samples of such description as may be |
|
| | determined, at such times or in such circumstances as may |
|
| | (subject to the provisions of the order) be determined by the |
|
| | responsible officer or by the person specified as the person to |
|
| | whom the samples are to be provided, and |
|
| | (c) | pay such amount in respect of the costs of taking and analysing |
|
| | the sample as may be specified in the order. |
|
|
|
| |
| |
|
| | (2) | A court may not impose an alcohol monitoring requirement unless— |
|
| | (a) | it is satisfied that— |
|
| | (i) | the offender has a propensity to misuse alcohol and |
|
| | expresses willingness to comply with the alcohol |
|
| | monitoring requirement, or |
|
| | (ii) | the misuse by the offender of alcohol caused or |
|
| | contributed to the offence in question, and |
|
| | (b) | the court has been notified by the Secretary of State that |
|
| | arrangements for implementing the requirement are available in |
|
| | the local justice area proposed to be specified in the order. |
|
| | (3) | A youth rehabilitation order imposing an alcohol monitoring requirement |
|
| | must provide that the results of any tests carried out on any samples |
|
| | provided by the offender to the monitoring officer in pursuance of the |
|
| | requirement are to be communicated to the responsible officer. |
|
| | (4) | Where the offender has not attained the age of 17, the order must provide |
|
| | for the sample to be provided in the presence of an appropriate adult. |
|
| | (5) | The Secretary of State may from time to time give guidance about the |
|
| | exercise of the function of making determinations as to the provision of |
|
| | samples pursuant to sub-paragraph (1)(b). |
|
| | (6) | The Secretary of State makes rules for all or any of the following |
|
| | |
| | (a) | regulating the provision of samples pursuant to an alcohol |
|
| | monitoring requirement, including hours of attendance, interval |
|
| | between samples and the keeping of attendance records; |
|
| | (b) | regulating the provision and carrying on of a facility for the |
|
| | |
| | (c) | determining the maximum and minimum fee that may be |
|
| | specified under sub-paragraph (1)(c), and the frequency of such |
|
| | |
| | (d) | regulating the functions of the monitoring officer; and |
|
| | (e) | making such supplemental, incidental, consequential and |
|
| | transitional provision as the Secretary of State considers |
|
| | |
| | |
| | |
| | “appropriate adult” means— |
|
| | (a) | the offender’s parent or guardian or, if the offender is in the care |
|
| | of a local authority or voluntary organisation, a person |
|
| | representing that authority or organisation, |
|
| | (b) | a social worker of the local authority, or |
|
| | (c) | if no person falling within paragraph (a) or (b) is available, any |
|
| | responsible person aged 18 or over who is not a police officer or |
|
| | a person employed by the police; |
|
| | | “monitoring officer” means any person, other than the responsible |
|
| | officer, specified in an alcohol monitoring requirement as the person to |
|
| | whom samples must be provided.”. |
|
|
|
| |
| |
|
| | (2) | Schedule (Youth rehabilitation orders: alcohol monitoring requirement) makes |
|
| | further amendments to the Criminal Justice and Immigration Act 2008.’. |
|
| |
| |
| |
| | |
| To move the following Schedule:— |
|
| | ‘Police reform: minor and consequential amendments |
|
| | |
| | |
| | 1 | The Police Act 1996 is amended in accordance with this Part. |
|
| | 2 | For the italic cross-heading before section 1 substitute— |
|
| | “Police areas and police forces” |
|
| | 3 | Omit the italic cross-heading before section 2. |
|
| | 4 (1) | Section 2 (maintenance of police forces) is amended in accordance with this |
|
| | |
| | (2) | The existing provision of section 2 becomes subsection (1) of that section. |
|
| | (3) | After that subsection, insert— |
|
| | “(2) | For further provision about the maintenance of those police forces, see |
|
| | Chapter 1 of Part 1 of the Police Reform and Social Responsibility Act |
|
| | |
| | |
| | |
| | (b) | the italic cross-heading before section 5A. |
|
| | 6 (1) | Section 5A (maintenance of the metropolitan police force) is amended in |
|
| | accordance with this paragraph. |
|
| | (2) | The existing provision of section 5A becomes subsection (1) of that section. |
|
| | (3) | After that subsection, insert— |
|
| | “(2) | For further provision about the maintenance of the metropolitan police |
|
| | force, see Chapter 2 of Part 1 of the Police Reform and Social |
|
| | Responsibility Act 2011.”. |
|
| | |
| | 8 | Before section 6ZA insert the following cross-heading— |
|
| | |
| | 9 | After that cross-heading insert— |
|
| | “6AZA | Common Council to remain police authority for City |
|
| | | The Common Council of the City of London is to continue to be the |
|
| | police authority for the City of London police area.”. |
|
| | 10 (1) | Section 6ZA (power to confer particular functions on police authorities) is |
|
| | amended in accordance with this paragraph. |
|
|
|
| |
| |
|
| | (2) | In the title, for “police authorities” substitute “the Common Council”. |
|
| | (3) | In subsection (1), for “police authorities” substitute “the Common Council”. |
|
| | |
| | (a) | for “a police authority” substitute “the Common Council”; |
|
| | (b) | for “police force maintained for its area” substitute “the City of |
|
| | |
| | (c) | for “the authority” substitute “the Common Council”. |
|
| | (5) | In subsection (3), for paragraphs (a) and (b) substitute— |
|
| | |
| | (b) | the Commissioner of Police for the City of London, and”. |
|
| | |
| | 11 (1) | Section 6ZB (plans by police authorities) is amended in accordance with this |
|
| | |
| | (2) | In the title, for “police authorities” substitute “the Common Council”. |
|
| | |
| | (a) | for “every police authority” substitute “the Common Council”; |
|
| | (b) | for “the authority’s” substitute “the Common Council’s”; |
|
| | (c) | for “its area” substitute “the City of London police area, and for the |
|
| | discharge by the City of London Police of its national or international |
|
| | |
| | |
| | (a) | for “a police authority” substitute “the Common Council”; |
|
| | (b) | for “relevant chief officer of police” substitute “Commissioner of |
|
| | Police for the City of London”; |
|
| | (c) | for “the authority” substitute “the Common Council”. |
|
| | |
| | (a) | for “a police authority” substitute “the Common Council”; |
|
| | (b) | for “relevant chief officer of police” (in the first place) substitute |
|
| | “Commissioner of Police for the City of London”; |
|
| | (c) | for “authority for” substitute “Common Council for”; |
|
| | (d) | for “Authority shall” substitute “Common Council shall”; |
|
| | (e) | for “relevant chief officer of police” (in the second place) substitute |
|
| | “Commissioner of Police for the City of London”. |
|
| | (6) | In subsection (8), for paragraphs (a) and (b) substitute— |
|
| | |
| | (b) | the Commissioner of Police for the City of London, and”. |
|
| | |
| | (8) | Omit subsection (11). |
|
| | 12 (1) | Section 6ZC (reports by police authorities) is amended in accordance with this |
|
| | |
| | (2) | In the title, for “police authorities” substitute “the Common Council”. |
|
| | |
| | (a) | for “police authorities” substitute “the Common Council”; |
|
| | (b) | for “policing of their areas” substitute “discharge of the Common |
|
| | |
| | (4) | In subsection (3), for paragraphs (a) and (b) substitute— |
|
| | |
| | (b) | the Commissioner of Police for the City of London, and”. |
|
| | |
|
|
| |
| |
|
| | 13 | Omit sections 8A to 9G. |
|
| | 14 | Before section 9H insert— |
|
| | |
| | 15 | Omit sections 10 to 12A. |
|
| | 16 | Omit sections 14 to 17. |
|
| | 17 | Before section 18 insert— |
|
| | |
| | 18 (1) | Section 18 (supply of goods and services) is amended in accordance with this |
|
| | |
| | (2) | In subsection (1), omit paragraph (a). |
|
| | (3) | In subsection (1)(b)— |
|
| | (a) | for “shall also apply with that modification” substitute “shall,”; |
|
| | (b) | at the end insert “, apply with the modification set out in subsection |
|
| | |
| | |
| | (a) | for “A police authority” substitute “The Common Council in its |
|
| | capacity as police authority”; |
|
| | (b) | for “another police authority” substitute “another local policing |
|
| | |
| | (c) | for “a police authority collaboration agreement” substitute “force |
|
| | collaboration provision in a collaboration agreement”. |
|
| | 19 | Omit sections 19 to 21 |
|
| | 20 | Omit the heading “General provisions” before section 22. |
|
| | 21 (1) | Section 22 (reports by chief constables to police authorities) is amended as |
|
| | |
| | |
| | (a) | for “Every chief officer of police of a police force” substitute “The |
|
| | Commissioner of Police for the City of London”; |
|
| | (b) | for “police authority” substitute “Common Council”; |
|
| | (c) | for the words from “the area” to “maintained” substitute “the City of |
|
| | |
| | (3) | In subsection (2), for “A chief officer” substitute “The chief constable”. |
|
| | |
| | (a) | for “The chief officer of police of a police force” substitute “The |
|
| | Commissioner of Police for the City of London”; |
|
| | (b) | for “police authority” substitute “Common Council”; |
|
| | (c) | for “that authority” substitute “the Common Council”; |
|
| | (d) | for “area for which the force is maintained” substitute “City of London |
|
| | |
| | (5) | In subsection (4), for “police authority” substitute “Common Council”. |
|
| | |
| | (a) | for “chief officer” substitute “Commissioner of Police for the City of |
|
| | |
| | (b) | for “police authority” substitute “Common Council”; |
|
| | (c) | for “that authority” substitute “the Common Council”. |
|
| | |
| | (a) | for “police authority” substitute “Common Council”; |
|
| | (b) | for “the authority” substitute “the Common Council”. |
|
|