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121 | Nuisance or disturbance on HSS premises |
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Schedule 21 makes provision for Northern Ireland corresponding to the |
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provision made for England by sections 118 to 120. |
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Anti-social behaviour orders etc. in respect of children and young persons |
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122 | Review of anti-social behaviour orders etc. |
| 5 |
(1) | In Part 1 of the Crime and Disorder Act 1998 (c. 37) (prevention of crime and |
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disorder) after section 1I insert— |
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“1J | Review of orders under sections 1, 1B and 1C |
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(1) | This section applies where— |
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(a) | an anti-social behaviour order, |
| 10 |
(b) | an order under section 1B, or |
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(c) | an order under section 1C, |
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| has been made in respect of a person under the age of 17. |
| |
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(a) | the person subject to the order will be under the age of 18 at the |
| 15 |
end of a period specified in subsection (3) (a “review period”), |
| |
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(b) | the term of the order runs until the end of that period or beyond, |
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| then before the end of that period a review of the operation of the order |
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(3) | The review periods are— |
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(a) | the period of 12 months beginning with— |
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(i) | the day on which the order was made, or |
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(ii) | if during that period there is a supplemental order (or |
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more than one), the date of the supplemental order (or |
| 25 |
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(b) | a period of 12 months beginning with— |
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(i) | the day after the end of the previous review period, or |
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(ii) | if during that period there is a supplemental order (or |
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more than one), the date of the supplemental order (or |
| 30 |
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(4) | In subsection (3) “supplemental order” means— |
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(a) | a further order varying the order in question; |
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(b) | an individual support order made in relation to the order in |
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question on an application under section 1AA(1A). |
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(5) | Subsection (2) does not apply in relation to any review period if the |
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order is discharged before the end of that period. |
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(6) | A review under this section shall include consideration of— |
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(a) | the extent to which the person subject to the order has complied |
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| 40 |
(b) | the adequacy of any support available to the person to help him |
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| |
|
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|
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|
(c) | any matters relevant to the question whether an application |
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should be made for the order to be varied or discharged. |
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(7) | Those carrying out or participating in a review under this section shall |
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have regard to any guidance issued by the Secretary of State when |
| |
| 5 |
(a) | how the review should be carried out; |
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(b) | what particular matters should be dealt with by the review; |
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(c) | what action (if any) it would be appropriate to take in |
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consequence of the findings of the review. |
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1K | Responsibility for, and participation in, reviews under section 1J |
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(1) | A review under section 1J of an anti-social behaviour order or an order |
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under section 1B shall be carried out by the relevant authority that |
| |
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(2) | A review under section 1J of an order under section 1C shall be carried |
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(a) | (except where paragraph (b) applies) by the appropriate chief |
| |
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(b) | where a relevant authority is specified under section 1C(9ZA), |
| |
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(3) | A local authority, in carrying out a review under section 1J, shall act in |
| 20 |
co-operation with the appropriate chief officer of police; and it shall be |
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the duty of that chief officer to co-operate in the carrying out of the |
| |
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(4) | The chief officer of police of a police force, in carrying out a review |
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under section 1J, shall act in co-operation with the appropriate local |
| 25 |
authority; and it shall be the duty of that local authority to co-operate |
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in the carrying out of the review. |
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(5) | A relevant authority other than a local authority or chief officer of |
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police, in carrying out a review under section 1J, shall act in co- |
| |
| 30 |
(a) | the appropriate local authority, and |
| |
(b) | the appropriate chief officer of police; |
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| and it shall be the duty of that local authority and that chief officer to |
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co-operate in the carrying out of the review. |
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(6) | A chief officer of police or other relevant authority carrying out a |
| 35 |
review under section 1J may invite the participation in the review of a |
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person or body not required by subsection (3), (4) or (5) to co-operate in |
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the carrying out of the review. |
| |
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“the appropriate chief officer of police” means the chief officer of |
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police of the police force maintained for the police area in which |
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the person subject to the order resides or appears to reside; |
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“the appropriate local authority” means the council for the local |
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government area (within the meaning given in section 1(12)) in |
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which the person subject to the order resides or appears to |
| 45 |
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|
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|
| |
|
(2) | In section 1(1A) of that Act (meaning of “relevant authority”) for “1CA, 1E and |
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1F” substitute “1C, 1CA, 1E, IF and 1K”. |
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(3) | In section 1C of that Act (orders on conviction in criminal proceedings) after |
| |
| |
“(9ZA) | An order under this section made in respect of a person under the age |
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of 17, or an order varying such an order, may specify a relevant |
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authority (other than the chief officer of police mentioned in section |
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1K(2)(a)) as being responsible for carrying out a review under section |
| |
1J of the operation of the order.” |
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123 | Individual support orders |
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(1) | In section 1AA of the Crime and Disorder Act 1998 (c. 37) (individual support |
| |
orders) for subsection (1) and the words in subsection (2) before paragraph (a) |
| |
| |
“(1) | This section applies where a court makes an anti-social behaviour order |
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in respect of a defendant who is a child or young person when that |
| 15 |
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(1A) | This section also applies where— |
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(a) | an anti-social behaviour order has previously been made in |
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respect of such a defendant; |
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(b) | an application is made by complaint to the court which made |
| 20 |
that order, by the relevant authority which applied for it, for an |
| |
order under this section; and |
| |
(c) | at the time of the hearing of the application— |
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(i) | the defendant is still a child or young person, and |
| |
(ii) | the anti-social behaviour order is still in force. |
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(1B) | The court must consider whether the individual support conditions are |
| |
fulfilled and, if satisfied that they are, must make an individual support |
| |
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(2) | An individual support order is an order which—”. |
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(2) | In subsection (3)(a) of that section, for the words after “the kind of behaviour |
| 30 |
which led to” substitute “the making of— |
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(i) | the anti-social behaviour order, or |
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(ii) | an order varying that order (in a case where the |
| |
variation is made as a result of further anti-social |
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behaviour by the defendant);”. |
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(3) | In subsection (5) of that section, for “which led to the making of the anti-social |
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behaviour order” substitute “mentioned in subsection (3)(a) above”. |
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(4) | In section 1(1A) of that Act (meaning of “relevant authority”) after “and |
| |
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(5) | In section 1AB of that Act (which makes further provision about individual |
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support orders) after subsection (5) insert— |
| |
“(5A) | The period specified as the term of an individual support order made |
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on an application under section 1AA(1A) above must not be longer |
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|
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|
| |
|
than the remaining part of the term of the anti-social behaviour order |
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as a result of which it is made.” |
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(6) | In section 1B of that Act (orders in county court proceedings) after subsection |
| |
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“(8) | Sections 1AA and 1AB apply in relation to orders under this section, |
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with any necessary modifications, as they apply in relation to anti- |
| |
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(9) | In their application by virtue of subsection (8), sections 1AA(1A)(b) and |
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1AB(6) have effect as if the words “by complaint” were omitted.” |
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(7) | In section 1C of that Act (orders on conviction in criminal proceedings) after |
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“(9AA) | Sections 1AA and 1AB apply in relation to orders under this section, |
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with any necessary modifications, as they apply in relation to anti- |
| |
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(9AB) | In their application by virtue of subsection (9AA), sections 1AA(1A)(b) |
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and 1AB(6) have effect as if the words “by complaint” were omitted. |
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(9AC) | In its application by virtue of subsection (9AA), section 1AA(1A)(b) has |
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effect as if the reference to the relevant authority which applied for the |
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anti-social behaviour order were a reference to the chief officer of |
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police, or other relevant authority, responsible under section 1K(2)(a) |
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or (b) for carrying out a review of the order under this section.” |
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Parenting contracts and parenting orders |
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124 | Parenting contracts and parenting orders: local authorities |
| |
(1) | Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities) is |
| |
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(2) | In section 29(1) (interpretation) in the definition of “local authority” for |
| |
paragraphs (b) and (c) substitute— |
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“(aa) | a district council in England;”. |
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(3) | In section 26B (parenting orders: registered social landlords)— |
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(a) | in subsection (8), after “the local authority” insert “(or, if subsection |
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(8A) applies, each local authority)”; |
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(b) | after that subsection insert— |
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“(8A) | This subsection applies if the place where the child or young |
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person resides or appears to reside is within the area of a county |
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council and within the area of a district council.”; |
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(c) | in subsection (10)(a), after “the local authority” insert “(or authorities)”. |
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(4) | In section 27 (parenting orders: supplemental) for subsection (3A) substitute— |
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“(3A) | Proceedings for an offence under section 9(7) of the 1998 Act (parenting |
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orders: breach of requirement etc.) as applied by subsection (3)(b) |
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above may be brought by any of the following local authorities— |
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(a) | the local authority that applied for the order, if the child or |
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young person, or the person alleged to be in breach, resides or |
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appears to reside in that authority’s area; |
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|
| |
|
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|
(b) | the local authority of the child or young person, if that child or |
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young person does not reside or appear to reside in the area of |
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the local authority that applied for the order; |
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(c) | the local authority of the person alleged to be in breach, if that |
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person does not reside or appear to reside in the area of the local |
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authority that applied for the order. |
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(3B) | For the purposes of subsection (3A)(b) and (c)— |
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(a) | an individual’s local authority is the local authority in whose |
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area the individual resides or appears to reside; but |
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(b) | if the place where an individual resides or appears to reside is |
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within the area of a county council and within the area of a |
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district council, a reference to that individual’s local authority is |
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to be read as a reference to either of those authorities.” |
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Misconduct procedures etc. |
| |
125 | Police misconduct and performance procedures |
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(1) | Part 1 of Schedule 22— |
| |
(a) | amends the Police Act 1996 (c. 16) to make provision for or in |
| |
connection with disciplinary and other proceedings in respect of the |
| 20 |
conduct and performance of members of police forces and special |
| |
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(b) | makes other minor amendments to that Act. |
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(2) | Part 2 of that Schedule makes equivalent amendments to the Ministry of |
| |
Defence Police Act 1987 (c. 4) for the purposes of the Ministry of Defence |
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(3) | Part 3 of that Schedule makes equivalent amendments to the Railways and |
| |
Transport Safety Act 2003 (c. 20) for the purposes of the British Transport |
| |
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126 | Investigation of complaints of police misconduct etc. |
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Schedule 23 amends the Police Reform Act 2002 (c. 30) to make further |
| |
provision about the investigation of complaints of police misconduct and other |
| |
| |
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127 | Financial assistance under section 57 of the Police Act 1996 |
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(1) | After section 57(1) of the Police Act 1996 (common services: power for |
| |
Secretary of State to provide and maintain etc. organisations, facilities and |
| |
services which promote the efficiency or effectiveness of police) insert— |
| |
“(1A) | The power conferred by subsection (1) includes power to give financial |
| |
assistance to any person in connection with the provision or |
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|
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|
| |
|
maintenance of such organisations, facilities and services as are |
| |
mentioned in that subsection. |
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(1B) | Financial assistance under subsection (1)— |
| |
(a) | may, in particular, be given in the form of a grant, loan or |
| |
guarantee or investment in a body corporate; and |
| 5 |
(b) | may be given subject to terms and conditions determined by the |
| |
| |
| but any financial assistance under that subsection other than a grant |
| |
requires the consent of the Treasury. |
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(1C) | Terms and conditions imposed under subsection (1B)(b) may include |
| 10 |
terms and conditions as to repayment with or without interest. |
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(1D) | Any sums received by the Secretary of State by virtue of terms and |
| |
conditions imposed under that subsection are to be paid into the |
| |
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(2) | Any loan made by the Secretary of State by virtue of section 57 of the Police Act |
| 15 |
1996 (c. 16) and outstanding on the day on which this Act is passed is to be |
| |
treated as if it were a loan made in accordance with that section as amended by |
| |
| |
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128 | Inspection of police authorities |
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In section 54 of the Police Act 1996 (appointment and functions of inspectors of |
| |
constabulary) for subsection (2A) substitute— |
| |
“(2A) | The inspectors of constabulary may carry out an inspection of, and |
| |
report to the Secretary of State on, a police authority’s performance of |
| |
its functions or of any particular function or functions (including in |
| 25 |
particular its compliance with the requirements of Part 1 of the Local |
| |
Government Act 1999 (best value)).” |
| |
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Special immigration status |
| |
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(1) | The Secretary of State may designate a person who satisfies Condition 1 or 2 |
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(subject to subsections (4) and (5)). |
| |
(2) | Condition 1 is that the person— |
| |
(a) | is a foreign criminal within the meaning of section 130, and |
| |
(b) | is liable to deportation, but cannot be removed from the United |
| 35 |
Kingdom because of section 6 of the Human Rights Act 1998 (c. 42) |
| |
(public authority not to act contrary to Convention). |
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(3) | Condition 2 is that the person is a member of the family of a person who |
| |
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(4) | A person who has the right of abode in the United Kingdom may not be |
| 40 |
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|
| |
|
| |
|
(5) | The Secretary of State may not designate a person if the Secretary of State |
| |
thinks that an effect of designation would breach— |
| |
(a) | the United Kingdom’s obligations under the Refugee Convention, or |
| |
(b) | the person’s rights under the Community treaties. |
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| 5 |
(1) | For the purposes of section 129 “foreign criminal” means a person who— |
| |
(a) | is not a British citizen, and |
| |
(b) | satisfies any of the following Conditions. |
| |
(2) | Condition 1 is that section 72(2)(a) and (b) or (3)(a) to (c) of the Nationality, |
| |
Immigration and Asylum Act 2002 (c. 41) applies to the person (Article 33(2) of |
| 10 |
the Refugee Convention: imprisonment for at least two years). |
| |
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(a) | section 72(4)(a) or (b) of that Act applies to the person (person convicted |
| |
of specified offence), and |
| |
(b) | the person has been sentenced to a period of imprisonment. |
| 15 |
(4) | Condition 3 is that Article 1F of the Refugee Convention applies to the person |
| |
(exclusions for criminals etc.). |
| |
(5) | Section 72(6) of that Act (rebuttal of presumption under section 72(2) to (4)) has |
| |
no effect in relation to Condition 1 or 2. |
| |
(6) | Section 72(7) of that Act (non-application pending appeal) has no effect in |
| 20 |
relation to Condition 1 or 2. |
| |
131 | Effect of designation |
| |
(1) | A designated person does not have leave to enter or remain in the United |
| |
| |
(2) | For the purposes of a provision of the Immigration Acts and any other |
| 25 |
enactment which concerns or refers to immigration or nationality (including |
| |
any provision which applies or refers to a provision of the Immigration Acts or |
| |
any other enactment about immigration or nationality) a designated person— |
| |
(a) | is a person subject to immigration control, |
| |
(b) | is not to be treated as an asylum-seeker or a former asylum-seeker, and |
| 30 |
(c) | is not in the United Kingdom in breach of the immigration laws. |
| |
(3) | Despite subsection (2)(c), time spent in the United Kingdom as a designated |
| |
person may not be relied on by a person for the purpose of an enactment about |
| |
| |
| 35 |
(a) | shall not be deemed to have been given leave in accordance with |
| |
paragraph 6 of Schedule 2 to the Immigration Act 1971 (c. 77) (notice of |
| |
| |
(b) | may not be granted temporary admission to the United Kingdom |
| |
under paragraph 21 of that Schedule. |
| 40 |
(5) | Sections 133 and 134 make provision about support for designated persons and |
| |
| |
|
| |
|