|
| |
|
| |
(i) | the authorisation is necessary to prevent such |
| |
| |
(ii) | the specified area or place is no greater than is |
| |
necessary to prevent such danger, and |
| 5 |
(iii) | the duration of the authorisation is no longer than |
| |
is necessary to prevent such danger. |
| |
(2) | An authorisation under this paragraph authorises any constable to |
| |
stop a person in the specified area or place and to search that |
| |
| 10 |
(3) | A constable may exercise the power conferred by an authorisation |
| |
under this paragraph only for the purpose of ascertaining whether |
| |
the person has munitions unlawfully with that person or wireless |
| |
apparatus with that person. |
| |
(4) | But the power conferred by such an authorisation may be |
| 15 |
exercised whether or not the constable reasonably suspects that |
| |
there are such munitions or wireless apparatus. |
| |
(5) | A constable exercising the power conferred by an authorisation |
| |
under this paragraph may not require a person to remove any |
| |
clothing in public except for headgear, footwear, an outer coat, a |
| 20 |
| |
(6) | Where a constable proposes to search a person by virtue of an |
| |
authorisation under this paragraph, the constable may detain the |
| |
person for such time as is reasonably required to permit the search |
| |
to be carried out at or near the place where the person is stopped. |
| 25 |
(7) | A senior officer who gives an authorisation under this paragraph |
| |
orally must confirm it in writing as soon as reasonably practicable. |
| |
(8) | In this paragraph and paragraphs 4B to 4I— |
| |
“senior officer” means an officer of the Police Service of |
| |
Northern Ireland of at least the rank of assistant chief |
| 30 |
| |
“specified” means specified in an authorisation. |
| |
4B (1) | An authorisation under paragraph 4A has effect during the |
| |
| |
(a) | beginning at the time when the authorisation is given, and |
| 35 |
(b) | ending with the specified date or at the specified time. |
| |
(2) | This paragraph is subject as follows. |
| |
4C | The specified date or time must not occur after the end of the |
| |
period of 14 days beginning with the day on which the |
| |
| 40 |
4D (1) | The senior officer who gives an authorisation must inform the |
| |
Secretary of State of it as soon as reasonably practicable. |
| |
(2) | An authorisation ceases to have effect at the end of the period of |
| |
48 hours beginning with the time when it is given unless it is |
| |
confirmed by the Secretary of State before the end of that period. |
| 45 |
|
| |
|
| |
|
(3) | An authorisation ceasing to have effect by virtue of sub-paragraph |
| |
(2) does not affect the lawfulness of anything done in reliance on |
| |
it before the end of the period concerned. |
| |
(4) | When confirming an authorisation, the Secretary of State may— |
| |
(a) | substitute an earlier date or time for the specified date or |
| 5 |
| |
(b) | substitute a more restricted area or place for the specified |
| |
| |
4E | The Secretary of State may cancel an authorisation with effect from |
| |
a time identified by the Secretary of State. |
| 10 |
4F (1) | A senior officer may— |
| |
(a) | cancel an authorisation with effect from a time identified |
| |
by the officer concerned; |
| |
(b) | substitute an earlier date or time for the specified date or |
| |
| 15 |
(c) | substitute a more restricted area or place for the specified |
| |
| |
(2) | Any such cancellation or substitution in relation to an |
| |
authorisation confirmed by the Secretary of State under paragraph |
| |
4D does not require confirmation by the Secretary of State. |
| 20 |
4G | The existence, expiry or cancellation of an authorisation does not |
| |
prevent the giving of a new authorisation. |
| |
4H (1) | An authorisation under paragraph 4A given by a senior officer |
| |
| |
(a) | the whole or part of Northern Ireland, |
| 25 |
(b) | the internal waters or any part of them, or |
| |
(c) | any combination of anything falling within paragraph (a) |
| |
and anything falling within paragraph (b). |
| |
(2) | In sub-paragraph (1)(b) “internal waters” means waters in the |
| |
United Kingdom which are adjacent to Northern Ireland. |
| 30 |
(3) | Where an authorisation specifies more than one area or place— |
| |
(a) | the power of a senior officer under paragraph 4B(1)(b) to |
| |
specify a date or time includes a power to specify different |
| |
dates or times for different areas or places (and the other |
| |
references in this Schedule to the specified date or time are |
| 35 |
to be read accordingly), and |
| |
(b) | the power of the Secretary of State under paragraph |
| |
4D(4)(b), and of a senior officer under paragraph 4F(1)(c), |
| |
includes a power to remove areas or places from the |
| |
| 40 |
4I (1) | Sub-paragraph (2) applies if any decision of— |
| |
(a) | a senior officer to give, vary or cancel an authorisation |
| |
| |
(b) | the Secretary of State to confirm, vary or cancel such an |
| |
| 45 |
| is challenged on judicial review or in any other legal proceedings. |
| |
|
| |
|
| |
|
(2) | The Secretary of State may issue a certificate that— |
| |
(a) | the interests of national security are relevant to the |
| |
| |
(b) | the decision was justified. |
| |
(3) | The Secretary of State must notify the person making the challenge |
| 5 |
(“the claimant”) if the Secretary of State intends to rely on a |
| |
certificate under this paragraph. |
| |
(4) | Where the claimant is notified of the Secretary of State’s intention |
| |
to rely on a certificate under this paragraph— |
| |
(a) | the claimant may appeal against the certificate to the |
| 10 |
Tribunal established under section 91 of the Northern |
| |
| |
(b) | sections 90(3) and (4), 91(2) to (9) and 92 of that Act (effect |
| |
of appeal, procedure and further appeal) apply but subject |
| |
| 15 |
(5) | In its application by virtue of sub-paragraph (4)(b), section 90(3) of |
| |
the Act of 1998 is to be read as if for the words from “subsection” |
| |
to “that purpose,” there were substituted “paragraph 4I(4)(a) of |
| |
Schedule 3 to the Justice and Security (Northern Ireland) Act 2007 |
| |
the Tribunal determines that— |
| 20 |
(a) | the interests of national security are relevant to the decision |
| |
to which the certificate relates, and |
| |
(b) | the decision was justified,”. |
| |
(6) | Rules made under section 91 or 92 of the Act of 1998 which are in |
| |
force immediately before this paragraph comes into force have |
| 25 |
effect in relation to a certificate under this paragraph— |
| |
(a) | with any necessary modifications, and |
| |
(b) | subject to any later rules made by virtue of sub-paragraph |
| |
| |
3 | In paragraph 9(1) of that Schedule to that Act (offence of failing to stop when |
| 30 |
required to do so) after “paragraph 4” insert “or by virtue of paragraph 4A”. |
| |
| |
| |
| |
| |
Destruction, retention and use of fingerprints etc. |
| 35 |
Police and Criminal Evidence Act 1984 |
| |
1 (1) | The Police and Criminal Evidence Act 1984 is amended as follows. |
| |
(2) | In section 63 (non-intimate samples), in subsection (3A)(c)(i) (as amended by |
| |
section 2 of the Crime and Security Act 2010), for “64ZA” substitute “63Q”. |
| |
(3) | Omit section 64 (as not substituted by section 14(1) of the Crime and Security |
| 40 |
Act 2010) (destruction of fingerprints and samples). |
| |
|
| |
|
| |
|
Crime and Security Act 2010 |
| |
2 (1) | The Crime and Security Act 2010 is amended as follows. |
| |
(2) | Omit sections 14, 16 to 21 and 23 (retention, destruction and use of |
| |
fingerprints and samples etc.). |
| |
(3) | In section 22 (destruction of material taken before commencement)— |
| 5 |
(a) | in subsection (1)(a), for “each of sections 14, 15 and 17 to 21” |
| |
substitute “section 15”, and |
| |
| |
(4) | In section 58 (extent) omit subsections (4) and (6) to (8). |
| |
| 10 |
Safeguards for certain surveillance under RIPA |
| |
Regulation of Investigatory Powers Act 2000 |
| |
3 | The Regulation of Investigatory Powers Act 2000 is amended as follows. |
| |
4 | In section 22(6) (duty of postal or telecommunications operator to comply |
| |
with notice to obtain and disclose communications data) after “shall” insert |
| 15 |
“, subject to section 23A,”. |
| |
5 | After section 23(2) (form and duration of authorisations and notices relating |
| |
to communications data) insert— |
| |
“(2A) | The words in paragraph (a) of subsections (1) and (2) from “or” to the |
| |
end of the paragraph do not apply in relation to— |
| 20 |
(a) | an authorisation under section 22(3), (3B) or (3F) to which |
| |
| |
(b) | a notice under section 22(4) to which section 23A applies.” |
| |
6 (1) | Section 43 (general rules about grant, renewal and duration of |
| |
authorisations relating to surveillance and human intelligence sources) is |
| 25 |
| |
(2) | After subsection (1) insert— |
| |
“(1A) | Subsection (1)(a) does not apply in relation to an authorisation under |
| |
section 28 or 29 to which section 32A applies.” |
| |
(3) | In subsection (9)(c) after “section” insert “32A or”. |
| 30 |
7 (1) | Section 57 (Interception of Communications Commissioner) is amended as |
| |
| |
(2) | In subsection (2) for “subsection (4)” substitute “subsections (4) and (4A)”. |
| |
(3) | After subsection (4) insert— |
| |
“(4A) | It shall not be the function of the Interception of Communications |
| 35 |
Commissioner to keep under review the exercise by the relevant |
| |
judicial authority (within the meaning of section 23A) of functions |
| |
under that section or section 23B.” |
| |
|
| |
|
| |
|
8 | After section 62(2) (functions of Chief Surveillance Commissioner) insert— |
| |
“(2A) | It shall not by virtue of this section be the function of the Chief |
| |
Surveillance Commissioner to keep under review the exercise by a |
| |
judicial authority of functions under section 32A or 32B.” |
| |
9 (1) | Section 65 (the Tribunal) is amended as follows. |
| 5 |
(2) | In subsection (7) after “but” insert “, subject to subsection (7ZA),”. |
| |
(3) | After subsection (7) insert— |
| |
“(7ZA) | The exception in subsection (7) so far as conduct is authorised by, or |
| |
takes place with the permission of, a judicial authority does not |
| |
include conduct authorised by an approval given under section 23A |
| 10 |
| |
10 | In section 67(7) (powers of the Tribunal), at the end of paragraph (a) (and |
| |
| |
“(aa) | an order quashing an order under section 23A or 32A by the |
| |
relevant judicial authority (within the meaning of that |
| 15 |
| |
11 | In section 71(2) (issue and revision of codes of practice) after |
| |
“Commissioners” insert “or the relevant judicial authority (within the |
| |
meaning of section 23A or 32A)”. |
| |
12 | After section 77 (Ministerial expenditure etc.) insert— |
| 20 |
“77A | Procedure for order of sheriff under section 23A or 32A: Scotland |
| |
(1) | The Secretary of State may by order make further provision about the |
| |
procedure and practice to be followed in relation to an application to |
| |
the sheriff for an order under section 23A or 32A. |
| |
(2) | Such an order may, in particular, provide— |
| 25 |
(a) | for the manner in which, and time within which, an |
| |
| |
(b) | that the sheriff is to determine an application— |
| |
| |
(ii) | in the absence of the person to whom the |
| 30 |
authorisation or notice which is the subject of the |
| |
| |
(c) | that any hearing is to be held in private, |
| |
(d) | that notice of an order given is not to be given to— |
| |
(i) | the person to whom the authorisation or notice which |
| 35 |
is the subject of the order relates, or |
| |
(ii) | such a person’s legal representatives. |
| |
(3) | The Court of Session’s power under section 32 of the Sheriff Courts |
| |
(Scotland) Act 1971 to regulate and prescribe the procedure and |
| |
practice to be followed in relation to an application to the sheriff for |
| 40 |
an order under section 23A or 32A is subject to, but is not otherwise |
| |
constrained by, sections 23B and 32B and any order made under this |
| |
| |
13 | In section 78(3)(a) (exceptions to negative procedure for statutory |
| |
| 45 |
|
| |
|
| |
|
(a) | after “22(9),” insert “23A(6),”, and |
| |
(b) | after “30(7),” insert “32A(7),”. |
| |
| |
| |
Road Traffic Regulation Act 1984 |
| 5 |
14 (1) | Section 102 of the Road Traffic Regulation Act 1984 (charges for removal, |
| |
storage and disposal of vehicles) is amended as follows. |
| |
(2) | In subsection (1)(b) for “, or from land in the open air,” substitute “or other |
| |
| |
(3) | In subsection (8), in the definition of “appropriate authority”, in paragraph |
| 10 |
(b), for “land in the open air” substitute “other land”. |
| |
| |
15 (1) | Section 66 of the Airports Act 1986 (functions of operators of designated |
| |
airports as respects abandoned vehicles) is amended as follows. |
| |
(2) | In subsection (2)(a) for the words from “from roads if” to “abandoned” |
| 15 |
substitute “illegally, obstructively or dangerously parked, or abandoned or |
| |
| |
| |
(a) | omit paragraph (b) (but not the word “or” at the end of the |
| |
| 20 |
(b) | in paragraph (c), for “any of those sections” substitute “that section”. |
| |
(4) | In the heading, after “abandoned vehicles” insert “etc.”. |
| |
Private Security Industry Act 2001 |
| |
16 (1) | The Private Security Industry Act 2001 is amended as follows. |
| |
(2) | In section 3(2) (conduct subject to a licence)— |
| 25 |
(a) | after paragraph (h) insert “or”, and |
| |
(b) | omit paragraph (j) and the word “or” before it. |
| |
(3) | In section 4A(2) (licensable conduct)— |
| |
| |
(b) | omit paragraph (b) and the word “or” at the end of the paragraph, |
| 30 |
| |
(c) | in paragraph (c), omit “other”. |
| |
(4) | Omit section 6 (offence of using unlicensed wheel-clampers). |
| |
(5) | Omit section 22A (charges for vehicle release: appeals). |
| |
(6) | In section 24(4) (orders and regulations) omit the words from “(except” to |
| 35 |
| |
(7) | In section 25(1) (interpretation) omit the definition of “motor vehicle”. |
| |
(8) | In Schedule 2 (activities liable to control) omit the following— |
| |
|
| |
|
| |
|
| |
| |
| |
| |
| 5 |
| |
Police and Criminal Evidence Act 1984 |
| |
17 | After section 66(2) of the Police and Criminal Evidence Act 1984 (codes of |
| |
practice in relation to statutory search powers etc.) insert— |
| |
“(3) | Nothing in this section requires the Secretary of State to issue a code |
| 10 |
of practice in relation to any matter falling within the code of practice |
| |
issued under section 43D(2) of the Terrorism Act 2000 (as that code |
| |
is altered or replaced from time to time) (code of practice in relation |
| |
to terrorism powers to search persons and vehicles and to stop and |
| |
search in specified locations).” |
| 15 |
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) |
| |
18 | In Article 65 of the Police and Criminal Evidence (Northern Ireland) Order |
| |
1989 (codes of practice in relation to statutory search powers etc.)— |
| |
(a) | the existing provisions become paragraph (1), and |
| |
(b) | after that paragraph insert— |
| 20 |
“(2) | Nothing in this Article requires the issuing of a code of |
| |
practice in relation to any matter falling within the code of |
| |
practice issued under section 43D(2) of the Terrorism Act |
| |
2000 (as that code is altered or replaced from time to time) |
| |
(code of practice in relation to terrorism powers to search |
| 25 |
persons and vehicles and to stop and search in specified |
| |
| |
| |
19 | The Terrorism Act 2000 is amended as follows. |
| |
20 | In the italic cross-heading before section 40, after “Suspected terrorists” |
| 30 |
insert “, vehicles and acts of terrorism”. |
| |
21 (1) | Section 123 (orders and regulations) is amended as follows. |
| |
(2) | In subsection (4), after paragraph (aa), insert— |
| |
| |
(3) | In subsection (5), after “paragraph (aa)” insert “, (ab)”. |
| 35 |
22 (1) | Schedule 8 (detention) is amended as follows. |
| |
(2) | In paragraph 36, in sub-paragraph (1A), for the words from “is” to the end |
| |
of the sub-paragraph substitute “a judicial authority”. |
| |
(3) | In paragraph 36 omit— |
| |
| 40 |
|
| |
|