Police Reform and Social Responsibility Bill

Session 2010 - 11
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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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146
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 142(4)).
(2)
An application for authorisation must be made to the responsible authority by
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or on behalf of the person (or persons) seeking the authorisation.
(3)
The responsible authority may—
(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
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application;
(c)
require a fee to be paid for determining an application.
(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
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the period of 21 days beginning with the day on which the authority
receives the application.
(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
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applies,
(c)
the period to which the authorisation applies, and
(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
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(b)
vary any condition to which an authorisation is subject.
(7)
Variation under subsection (6)(b) includes—
(a)
imposing a new condition,
(b)
removing an existing condition, or
(c)
altering any period to which a condition applies.
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(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
writing to the applicant.
147
Meaning of “authorised officer” and “responsible authority”
(1)
This section applies for the purposes of this Part.
35
(2)
“Authorised officer”, in relation to any land in the controlled area of Parliament
Square, means—
(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
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authority (whether by that or any other person), is so authorised for the
purposes of this Part.
(3)
“Responsible authority”, in relation to any land in the controlled area of
Parliament Square, means—

Police Reform and Social Responsibility Bill
Part 4 — Miscellaneous
99

(a)
the Greater London Authority, for any land comprised in the central
garden of Parliament Square (as defined by section 141(2)), and
(b)
Westminster City Council, for any other land.
148
Effect of Part on byelaws
(1)
In section 385 of the Greater London Authority Act 1999 (byelaws), after
5
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 142(2) of
10
that Act).”.
(2)
Any byelaw made under section 385 of the Greater London Authority Act 1999
before the date on which section 142 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
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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
20
purposes of this Part.
Part 4
Miscellaneous
Seizure powers under byelaws
149
Enforcement of byelaws: powers of seizure etc
25
(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—
30
(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
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subsection (4)(b) for “a trading byelaw” substitute “any byelaw under this
section”.

Police Reform and Social Responsibility Bill
Part 4 — Miscellaneous
100

Misuse of drugs
150
Temporary control of drugs
Schedule 17 (which makes provision for temporary class drug orders under the
Misuse of Drugs Act 1971) has effect.
151
Advisory Council on the Misuse of Drugs
5
In Schedule 1 to the Misuse of Drugs Act 1971 (constitution etc of the Advisory
Council on the Misuse of Drugs), in paragraph 1—
(a)
in sub-paragraph (1), omit the words after “appropriate”, and
(b)
omit sub-paragraph (2).
Arrest warrants
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152
Restriction on issue of arrest warrants in private prosecutions
(1)
In section 1 of the Magistrates’ Courts Act 1980 (issue of summons or warrant),
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
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subsection applies, no warrant shall be issued under this section
without the consent of the Director of Public Prosecutions.
(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—
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(a)
a qualifying offence which is alleged to have been committed
outside the United Kingdom, or
(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.
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(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 where murder is attempted);
(b)
an offence under section 1 of the Geneva Conventions Act 1957
(grave breaches of Geneva conventions);
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(c)
an offence which (disregarding the provisions of the
Suppression of Terrorism Act 1978, the Nuclear Material
(Offences) Act 1983, the 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
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(attacks and threats of attacks on protected persons);
(d)
an offence under section 1 of the Taking of Hostages Act 1982
(hostage-taking);
(e)
an offence under section 1, 2 or 6 of the Aviation Security Act
1982 (hijacking etc);
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(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

Police Reform and Social Responsibility Bill
Part 5 — Final provisions
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the Terrorism Act 2000) would 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);
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(h)
an offence under section 1 of the Aviation and Maritime
Security Act 1990 (endangering safety at aerodromes);
(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
10
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 Personnel Act 1997 (attacks
on UN workers etc).
(4E)
In subsection (4C) “ancillary offence”, in relation to an offence, means—
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(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.”.
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(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
25
Final provisions
153
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
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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 126, 128, 129, 131, 134 or 136(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
40
or 156.
(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;

Police Reform and Social Responsibility Bill
Part 5 — Final provisions
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(c)
make different provision for different cases, areas or purposes.
154
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
5
other Act out of money so provided.
155
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
10
Ireland—
(a)
section 58 (power to make provision about elections etc),
(b)
section 150 and Schedule 17 (temporary class drug orders),
(c)
section 151 (Advisory Council on the Misuse of Drugs),
(d)
section 153 (orders and regulations) so far as relating to an order under
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section 58, and
(e)
this section and sections 156 and 157 (final provisions).
(4)
The amendments, repeals and revocations made by this Act (so far as not made
by provision mentioned in subsection (3)(b) or (c)) have the same extent as the
provisions amended, repealed or revoked.
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156
Commencement
(1)
The provisions of this Act come into force on such day as the Secretary of State
may by order appoint.
(2)
Subsection (1) is subject to subsections (3) and (4).
(3)
The following provisions come into force on the day on which this Act is
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passed—
(a)
section 58 (power to make provision about elections);
(b)
section 152 (restrictions on issue of arrest warrants in private
prosecutions);
(c)
sections 153 to 157 (final).
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(4)
Section 149(1), so far as relating to byelaws made by local authorities in Wales,
comes into force on such day as the Welsh Ministers may by order appoint.
(5)
Section 153(1) and (5)(b) applies to an order of the Welsh Ministers under
subsection (4) as it applies to an order of the Secretary of State under this Act.
157
Short title
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This Act may be cited as the Police Reform and Social Responsibility Act 2011.