|
| |
|
(iii) | the requirements of subsection (5), in the case of any |
| |
| |
| and that satisfy such other requirements as may be imposed by |
| |
order made by the Secretary of State.” |
| |
(3) | After subsection (2) insert— |
| 5 |
“(2A) | For the purposes of subsection (2)— |
| |
(a) | a relevant collaborative unit is a unit consisting of two or more |
| |
police forces whose chief officers of police have made an |
| |
agreement under section 23(1) of the Police Act 1996 which |
| |
relates to the discharge by persons holding offices, ranks or |
| 10 |
positions with any of the forces of functions in connection with |
| |
the conduct or use of the source; and |
| |
(b) | a relevant Scottish collaborative unit is a unit consisting of two |
| |
or more Scottish police forces whose chief constables have made |
| |
an agreement under section 12(1) of the Police (Scotland) Act |
| 15 |
1967 which relates to the discharge by persons holding offices, |
| |
ranks or positions with any of the forces of functions in |
| |
connection with the conduct or use of the source.” |
| |
(4) | After subsection (4) insert— |
| |
“(4A) | For the purposes of this Part there are arrangements for the source’s |
| 20 |
case that satisfy the requirements of this subsection if such |
| |
arrangements are in force as are necessary for ensuring— |
| |
(a) | that there will at all times be a qualifying person who will have |
| |
day-to-day responsibility for dealing with the source, and for |
| |
the source’s security and welfare; |
| 25 |
(b) | that there will at all times be another qualifying person who will |
| |
have general oversight of the use made of the source; |
| |
(c) | that there will at all times be a qualifying person who will have |
| |
responsibility for maintaining a record of the use made of the |
| |
| 30 |
(d) | that the records relating to the source that are maintained by |
| |
virtue of paragraph (c) will always contain particulars of all |
| |
such matters (if any) as may be specified for the purposes of this |
| |
paragraph in regulations made by the Secretary of State; and |
| |
(e) | that records maintained by virtue of paragraph (c) that disclose |
| 35 |
the identity of the source will not be available to persons except |
| |
to the extent that there is a need for access to them to be made |
| |
available to those persons. |
| |
(4B) | For the purposes of this Part there are arrangements for the source’s |
| |
case that satisfy the requirements of this subsection if such |
| 40 |
arrangements are in force as are necessary for ensuring— |
| |
(a) | that there will at all times be a Scottish qualifying person who |
| |
will have day-to-day responsibility for dealing with the source, |
| |
and for the source’s security and welfare; |
| |
(b) | that there will at all times be another Scottish qualifying person |
| 45 |
who will have general oversight of the use made of the source; |
| |
(c) | that there will at all times be a Scottish qualifying person who |
| |
will have responsibility for maintaining a record of the use |
| |
| |
|
| |
|
| |
|
(d) | that the records relating to the source that are maintained by |
| |
virtue of paragraph (c) will always contain particulars of all |
| |
such matters (if any) as may be specified for the purposes of this |
| |
paragraph in regulations made by the Secretary of State; and |
| |
(e) | that records maintained by virtue of paragraph (c) that disclose |
| 5 |
the identity of the source will not be available to persons except |
| |
to the extent that there is a need for access to them to be made |
| |
available to those persons.” |
| |
(5) | After subsection (7) insert— |
| |
“(7A) | For the purposes of subsection (4A) a person is a qualifying person if— |
| 10 |
(a) | the person holds an office, rank or position with a police force |
| |
whose chief officer of police is a party to the agreement |
| |
mentioned in subsection (2A)(a); and |
| |
(b) | persons holding offices, ranks or positions with that force are |
| |
permitted by the terms of the agreement to have the |
| 15 |
responsibility mentioned in paragraph (a) or (c) of subsection |
| |
(4A) or the general oversight mentioned in paragraph (b) of that |
| |
subsection (as the case may require). |
| |
(7B) | For the purposes of subsection (4B), a person is a Scottish qualifying |
| |
| 20 |
(a) | the person holds an office, rank or position with a Scottish |
| |
police force whose chief constable is a party to the agreement |
| |
mentioned in subsection (2A)(b); and |
| |
(b) | persons holding offices, ranks or positions with that force are |
| |
permitted by the terms of the agreement to have the |
| 25 |
responsibility mentioned in paragraph (a) or (c) of subsection |
| |
(4B) or the general oversight mentioned in paragraph (b) of that |
| |
subsection (as the case may require).” |
| |
(6) | After subsection (9) insert— |
| |
“(10) | For the purposes of this section— |
| 30 |
(a) | references to a police force are to the following— |
| |
(i) | any police force maintained under section 2 of the Police |
| |
Act 1996 (police forces in England and Wales outside |
| |
| |
(ii) | the metropolitan police force; and |
| 35 |
(iii) | the City of London police force; and |
| |
(b) | references to a Scottish police force are to a police force |
| |
maintained under or by virtue of section 1 of the Police |
| |
| |
9 | Authorisations for surveillance etc |
| 40 |
(1) | Section 33 of the Regulation of Investigatory Powers Act 2000 (c. 23) (rules for |
| |
grant of authorisations) is amended as follows. |
| |
(2) | In subsection (1), at the end insert “(subject to subsections (1ZB) and (1ZE))”. |
| |
(3) | After subsection (1), insert— |
| |
“(1ZA) | Subsection (1ZB) applies if the chief officer of police of a police force |
| 45 |
(“the authorising force”) has made an agreement under section 23(1) of |
| |
|
| |
|
| |
|
the Police Act 1996 with the chief office of police of one or more other |
| |
| |
(1ZB) | A person who is a designated person for the purposes of section 28 or |
| |
29 by reference to an office, rank or position with the authorising force |
| |
may grant an authorisation under that section on an application made |
| 5 |
by a member of a collaborative force. |
| |
(1ZC) | For the purposes of subsection (1ZB) a police force is a collaborative |
| |
| |
(a) | its chief officer of police is a party to the agreement mentioned |
| |
| 10 |
(b) | its members are permitted by the terms of the agreement to |
| |
make applications for authorisations under section 28 or 29 to a |
| |
person who is a designated person for the purposes of that |
| |
section by reference to an office, rank or position with the |
| |
| 15 |
(1ZD) | Subsection (1ZE) applies if the chief constable of a Scottish police force |
| |
(“the Scottish authorising force”) has made an agreement under section |
| |
12(1) of the Police (Scotland) Act 1967 with the chief constable of one or |
| |
more other Scottish police forces. |
| |
(1ZE) | A person who is a designated person for the purposes of section 28 or |
| 20 |
29 by reference to an office, rank or position with the Scottish |
| |
authorising force may grant an authorisation under that section on an |
| |
application made by a member of a collaborative force. |
| |
(1ZF) | For the purposes of subsection (1ZE) a Scottish police force is a |
| |
| 25 |
(a) | its chief constable is a party to the agreement mentioned in |
| |
| |
(b) | its members are permitted by the terms of the agreement to |
| |
make applications for authorisations under section 28 or 29 to a |
| |
person who is a designated person for the purposes of that |
| 30 |
section by reference to an office, rank or position with the |
| |
Scottish authorising force.” |
| |
(4) | In subsection (3), at the beginning insert “Subject to subsections (3ZB) and |
| |
| |
(5) | After subsection (3) insert— |
| 35 |
“(3ZA) | Subsection (3ZB) applies if— |
| |
(a) | the chief officer of police of a police force (“the surveillance |
| |
authorising force”) has made an agreement under section 23(1) |
| |
of the Police Act 1996 with the chief office of police of one or |
| |
more other police forces; and |
| 40 |
(b) | an application for an authorisation for the carrying out of |
| |
intrusive surveillance is made by a member of a collaborative |
| |
| |
(3ZB) | A person who is a senior authorising officer by reference to the |
| |
surveillance authorising force may— |
| 45 |
(a) | grant the authorisation; |
| |
(b) | in a case where the authorisation is for the carrying out of |
| |
intrusive surveillance in relation to any residential premises, |
| |
|
| |
|
| |
|
grant the authorisation only in relation to premises in the area |
| |
| |
(i) | the area of operation of a collaborative force; and |
| |
(ii) | specified in relation to members of that force in the |
| |
agreement mentioned in subsection (3ZA). |
| 5 |
(3ZC) | For the purposes of subsections (3ZA) and (3ZB) a police force is a |
| |
| |
(a) | its chief officer of police is a party to the agreement mentioned |
| |
| |
(b) | its members are permitted by the terms of the agreement to |
| 10 |
make applications for authorisations for the carrying out of |
| |
intrusive surveillance to a person who is a senior authorising |
| |
officer by reference to the surveillance authorising force. |
| |
(3ZD) | Subsection (3ZE) applies if— |
| |
(a) | the chief constable of a Scottish police force (“the Scottish |
| 15 |
surveillance authorising force”) has made an agreement under |
| |
section 12(1) of the Police (Scotland) Act 1967 with the chief |
| |
constable of one or more other Scottish police forces; and |
| |
(b) | an application for an authorisation for the carrying out of |
| |
intrusive surveillance is made by a member of a collaborative |
| 20 |
| |
(3ZE) | A person who is a senior authorising officer by reference to the Scottish |
| |
surveillance authorising force may— |
| |
(a) | grant the authorisation; |
| |
(b) | in a case where the authorisation is for the carrying out of |
| 25 |
intrusive surveillance in relation to any residential premises, |
| |
grant the authorisation only in relation to premises in the area |
| |
| |
(i) | the area of operation of a collaborative force; and |
| |
(ii) | specified in relation to members of that force in the |
| 30 |
agreement mentioned in subsection (3ZD). |
| |
(3ZF) | For the purposes of subsections (3ZD) and (3ZE) a Scottish police force |
| |
is a collaborative force if— |
| |
(a) | its chief constable is a party to the agreement mentioned in |
| |
| 35 |
(b) | its members are permitted by the terms of the agreement to |
| |
make applications for authorisations for the carrying out of |
| |
intrusive surveillance to a person who is a senior authorising |
| |
officer by reference to the Scottish surveillance authorising |
| |
| 40 |
(6) | After subsection (5) insert— |
| |
“(5A) | In subsections (1ZA) to (1ZC) and (3ZA) to (3ZC) a reference to a police |
| |
force is to the following— |
| |
(a) | any police force maintained under section 2 of the Police Act |
| |
1996 (police forces in England and Wales outside London); |
| 45 |
(b) | the metropolitan police force; and |
| |
(c) | the City of London police force. |
| |
|
| |
|
| |
|
(5B) | In subsections (1ZD) to (1ZF) and (3ZD) to (3ZF) a reference to a |
| |
Scottish police force is to a police force maintained under or by virtue |
| |
of section 1 of the Police (Scotland) Act 1967.” |
| |
10 | Police officers engaged on service outside their force etc |
| |
(1) | After section 97 of the Police Act 1996 (c. 16) insert— |
| 5 |
“97A | Power to amend section 97 |
| |
(1) | The Secretary of State may by order amend the definition of “relevant |
| |
service” in section 97(1). |
| |
(2) | An order under this section may make transitional, consequential, |
| |
incidental and supplemental provision or savings. |
| 10 |
(3) | The provision that may be made under subsection (2) includes |
| |
provision amending any enactment. |
| |
(4) | A statutory instrument containing an order under this section shall be |
| |
subject to annulment in pursuance of a resolution of either House of |
| |
| 15 |
(2) | After section 11 of the Police Pensions Act 1976 (c. 35) insert— |
| |
| |
(1) | The Secretary of State may by order amend section 11 for the purpose |
| |
of altering the descriptions of service to which subsection (1) applies. |
| |
(2) | An order under this section may make transitional, consequential, |
| 20 |
incidental and supplemental provision or savings. |
| |
(3) | The provision that may be made under subsection (2) includes |
| |
provision amending any enactment. |
| |
(4) | An order under this section shall be made by statutory instrument. |
| |
(5) | A statutory instrument containing an order under this section shall be |
| 25 |
subject to annulment in pursuance of a resolution of either House of |
| |
| |
(3) | In section 63(3) of the Police Act 1996 (consultation of Police Advisory Board |
| |
| |
(a) | after paragraph (c) insert “or |
| 30 |
(d) | an order under section 97A, or |
| |
(e) | an order under section 11A of the Police Pensions Act |
| |
1976 (power to amend kinds of service),”, and |
| |
(b) | for “draft of the regulations or rules” substitute “draft of the |
| |
regulations, rules or order”. |
| 35 |
| |
(1) | Section 53 of the Police Act 1996 (regulations as to standard of equipment) is |
| |
| |
| |
(a) | in paragraphs (a), (b), (c) and (e) for “all police forces in England and |
| 40 |
Wales” substitute “one or more police forces”, and |
| |
|
| |
|
| |
|
(b) | in paragraph (d) for “police forces in England and Wales” substitute |
| |
“one or more police forces”. |
| |
(3) | In subsection (1B) for “generally of the police forces maintained for police areas |
| |
in England and Wales” substitute “of one or more police forces”. |
| |
(4) | In subsection (2C) before paragraph (a) insert— |
| 5 |
| |
12 | Police procedures and practices |
| |
(1) | Section 53A of the Police Act 1996 (c. 16) (regulation of procedures and |
| |
practices) is amended as follows. |
| |
(2) | In subsection (1) for “all police forces in England and Wales” substitute “one or |
| 10 |
| |
(3) | In subsection (7)(a) after “in order to” insert “— |
| |
(i) | promote the efficiency and effectiveness of a police |
| |
| |
| 15 |
13 | Police facilities and services |
| |
In section 57(3) of the Police Act 1996 (regulations requiring police forces to use |
| |
specified facilities or services) for “all police forces in England and Wales” |
| |
substitute “one or more police forces”. |
| |
| 20 |
Sexual offences and sex establishments |
| |
| |
14 | Paying for sexual services of a prostitute subjected to force etc: England and |
| |
| |
After section 53 of the Sexual Offences Act 2003 (c. 42) insert— |
| 25 |
“53A | Paying for sexual services of a prostitute subjected to force etc. |
| |
(1) | A person (A) commits an offence if— |
| |
(a) | A makes or promises payment for the sexual services of a |
| |
| |
(b) | a third person (C) has engaged in exploitative conduct of a kind |
| 30 |
likely to induce or encourage B to provide the sexual services |
| |
for which A has made or promised payment, and |
| |
(c) | C engaged in that conduct for or in the expectation of gain for C |
| |
or another person (apart from A or B). |
| |
(2) | The following are irrelevant— |
| 35 |
(a) | where in the world the sexual services are to be provided and |
| |
whether those services are provided, |
| |
(b) | whether A is, or ought to be, aware that C has engaged in |
| |
| |
|
| |
|
| |
|
(3) | C engages in exploitative conduct if— |
| |
(a) | C uses force, threats (whether or not relating to violence) or any |
| |
other form of coercion, or |
| |
(b) | C practises any form of deception. |
| |
(4) | A person guilty of an offence under this section is liable on summary |
| 5 |
conviction to a fine not exceeding level 3 on the standard scale.” |
| |
15 | Paying for sexual services of a prostitute subjected to force etc: Northern |
| |
| |
After Article 64 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 1769 |
| |
| 10 |
“64A | Paying for sexual services of a prostitute subjected to force etc. |
| |
(1) | A person (A) commits an offence if— |
| |
(a) | A makes or promises payment for the sexual services of a |
| |
| |
(b) | a third person (C) has engaged in exploitative conduct of a kind |
| 15 |
likely to induce or encourage B to provide the sexual services |
| |
for which A has made or promised payment, and |
| |
(c) | C engaged in that conduct for or in the expectation of gain for C |
| |
or another person (apart from A or B). |
| |
(2) | The following are irrelevant— |
| 20 |
(a) | where in the world the sexual services are to be provided and |
| |
whether those services are provided, |
| |
(b) | whether A is, or ought to be, aware that C has engaged in |
| |
| |
(3) | C engages in exploitative conduct if— |
| 25 |
(a) | C uses force, threats (whether or not relating to violence) or any |
| |
other form of coercion, or |
| |
(b) | C practises any form of deception. |
| |
(4) | A person guilty of an offence under this Article shall be liable on |
| |
summary conviction to a fine not exceeding level 3 on the standard |
| 30 |
| |
16 | Amendment to offence of loitering etc for purposes of prostitution |
| |
(1) | The Street Offences Act 1959 (c. 57) is amended as follows. |
| |
(2) | In subsection (1) of section 1 (loitering or soliciting for purposes of |
| |
| 35 |
(a) | for “common prostitute” substitute “person”, and |
| |
(b) | after “female)” insert “persistently”. |
| |
(3) | In subsection (4) of that section after “section” insert “— |
| |
(a) | conduct is persistent if it takes place on two or more occasions |
| |
in any period of three months; |
| 40 |
(b) | any reference to a person loitering or soliciting for the purposes |
| |
of prostitution is a reference to a person loitering or soliciting |
| |
for the purposes of offering services as a prostitute; |
| |
|
| |
|