# Anti-social Behaviour, Crime and Policing Act 2014

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U.K.

# Anti-social Behaviour, Crime and Policing Act 2014

# 2014 CHAPTER 12

An Act to make provision about anti-social behaviour, crime and disorder, including provision about recovery of possession                        of dwelling-houses; to make provision amending the Dangerous Dogs Act 1991, the Police Act 1997, Schedules 7 and 8 to the                        Terrorism Act 2000, the Extradition Act 2003 and Part 3 of the Police Reform and Social Responsibility Act 2011; to make provision                        about firearms, about sexual harm and violence and about forced marriage; to make provision about the police, the Independent                        Police Complaints Commission and the Serious Fraud Office; to make provision about invalid travel documents; to make provision                        about criminal justice and court fees; and for connected purposes.                     

[13th March 2014]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons,                           in this present Parliament assembled, and by the authority of the same, as follows:—                        

## **PART 1**E+WInjunctions

### InjunctionsE+W

#### 1Power to grant injunctionsE+W

#### 2Meaning of “anti-social behaviour”E+W

### Contents of injunctionsE+W

#### 3Requirements included in injunctionsE+W

#### 4Power of arrestE+W

### Applications for injunctionsE+W

#### 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 6Applications without noticeE+W

### Interim injunctionsE+W

#### 7Interim injunctionsE+W

### Variation and dischargeE+W

#### 8Variation or discharge of injunctionsE+W

### Breach of injunctionsE+W

#### 9Arrest without warrantE+W

#### 10Issue of arrest warrantE+W

#### 11RemandsE+W

#### 12Powers in respect of under-18sE+W

### Exclusion from homeE+W

#### 13Power to exclude person from home in cases of violence or risk of harmE+W

### SupplementalE+W

#### 14Requirements to consult etcE+W

#### 15Appeals against decisions of youth courtsE+W

#### 16Special measures for witnessesE+W

#### 17Children and young persons: disapplication of reporting restrictionsE+W

#### 18Rules of courtE+W

#### 19GuidanceE+W

#### 20Interpretation etcE+W

#### 21Saving and transitional provisionE+W

## **PART 2**E+WCriminal behaviour orders

### Criminal behaviour ordersE+W

#### 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Interim ordersE+W

#### 26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Variation and dischargeE+W

#### 27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Review of orders (under-18s)E+W

#### 28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Breach of ordersE+W

#### 30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### SupplementalE+W

#### 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## **PART 3**E+WDispersal powers

### 34Authorisations to use powers under section 35E+W

### 35Directions excluding a person from an areaE+W

### 36RestrictionsE+W

### 37Surrender of propertyE+W

### 38Record-keepingE+W

### 39OffencesE+W

### 40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 41GuidanceE+W

### 42Saving and transitional provisionE+W

## **PART 4**E+WCommunity protection

### CHAPTER 1E+WCommunity protection notices

#### Community protection noticesE+W

##### 43Power to issue noticesE+W

##### 44Occupiers of premises etcE+W

##### 45Occupier or owner unascertainableE+W

##### 46Appeals against noticesE+W

#### Failure to comply with noticeE+W

##### 47Remedial action by local authorityE+W

##### 48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 49Remedial ordersE+W

##### 50Forfeiture of item used in commission of offenceE+W

##### 51Seizure of item used in commission of offenceE+W

##### 52Fixed penalty noticesE+W

#### Who may issue noticesE+W

##### 53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### SupplementalE+W

##### 54Exemption from liabilityE+W

##### 55Issuing of noticesE+W

##### 56GuidanceE+W

##### 57Interpretation of Chapter 1E+W

##### 58Saving and transitional provisionE+W

### CHAPTER 2E+WPublic spaces protection orders

#### Public spaces protection ordersE+W

##### 59Power to make ordersE+W

##### 60Duration of ordersE+W

##### 61Variation and discharge of ordersE+W

#### Prohibition on consuming alcoholE+W

##### 62Premises etc to which alcohol prohibition does not applyE+W

##### 63Consumption of alcohol in breach of prohibition in orderE+W

#### Restrictions on public rights of wayE+W

##### 64Orders restricting public right of way over highwayE+W

##### 65Categories of highway over which public right of way may not be restrictedE+W

#### Validity of ordersE+W

##### 66Challenging the validity of ordersE+W

#### Failure to comply with ordersE+W

##### 67Offence of failing to comply with orderE+W

##### 68Fixed penalty noticesE+W

#### SupplementalE+W

##### 69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 70ByelawsE+W

##### 71Bodies other than local authorities with statutory functions in relation to landE+W

##### 72Convention rights, consultation, publicity and notificationE+W

##### 73GuidanceE+W

##### 74Interpretation of Chapter 2E+W

##### 75Saving and transitional provisionE+W

### CHAPTER 3E+WClosure of premises associated with nuisance or disorder etc

#### Closure noticesE+W

##### 76Power to issue closure noticesE+W

##### 77Duration of closure noticesE+W

##### 78Cancellation or variation of closure noticesE+W

##### 79Service of noticesE+W

#### Closure ordersE+W

##### 80Power of court to make closure ordersE+W

##### 81Temporary ordersE+W

##### 82Extension of closure ordersE+W

##### 83Discharge of closure ordersE+W

#### AppealsE+W

##### 84AppealsE+W

#### EnforcementE+W

##### 85Enforcement of closure ordersE+W

##### 86OffencesE+W

#### SupplementalE+W

##### 87Access to other premisesE+W

##### 88Reimbursement of costsE+W

##### 89Exemption from liabilityE+W

##### 90CompensationE+W

##### 91GuidanceE+W

##### 92Interpretation of Chapter 3E+W

##### 93Saving and transitional provisionE+W

## **PART 5**E+WRecovery of possession of dwelling-houses: anti-social behaviour grounds

### Absolute ground for possession: secure tenanciesE+W

#### 94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Absolute ground for possession: assured tenanciesE+W

#### 97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Discretionary grounds: secure and assured tenanciesE+W

#### 98Conduct causing nuisance to landlord etcE+W

#### 99Offences connected with riotE+W

### SupplementalE+W

#### 100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## **PART 6**E+WLocal involvement and accountability

### Community remediesE+W

#### 101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 102Anti-social behaviour etc: out-of-court disposalsE+W

#### 103Criminal behaviour: conditional cautionsE+W

### Response to complaints about anti-social behaviourE+W

#### 104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 105ASB case reviews: interpretationE+W

## **PART 7**E+W+SDangerous dogs

### 106Keeping dogs under proper controlE+W+S

(1)The Dangerous Dogs Act 1991 is amended as follows.                  

(2)In section 3 (keeping dogs under proper control)—                  

(a)in subsection (1)—                  

(i)for “a public place” there is substituted “ any place in England or Wales (whether or not a public place) ”;                  

(ii)after “injures any person” there is inserted “ or assistance dog ”;                  

(b)after subsection (1) there is inserted—                  

“(1A)A person (“D”) is not guilty of an offence under subsection (1) in a case which is a householder case.                  

(1B)For the purposes of subsection (1A) “a householder case” is a case where—                  

(a)the dog is dangerously out of control while in or partly in a building, or part of a building, that is a dwelling or is forces                           accommodation (or is both), and                  

(b)at that time—                  

(i)the person in relation to whom the dog is dangerously out of control (“V”) is in, or is entering, the building or part as                           a trespasser, or                  

(ii)D (if present at that time) believed V to be in, or entering, the building or part as a trespasser.                  

Section 76(8B) to (8F) of the Criminal Justice and Immigration Act 2008 (use of force at place of residence) apply for the                        purposes of this subsection as they apply for the purposes of subsection (8A) of that section (and for those purposes the                        reference in section 76(8D) to subsection (8A)(d) is to be read as if it were a reference to paragraph (b)(ii) of this subsection).”;                  

(c)subsection (3) is repealed;                  

(d)in subsection (4)—                  

(i)the words “or (3)” are omitted;                  

(ii)for “either of those subsections” there is substituted “ that subsection ”;                  

(iii)in paragraph (b), for “two years” there is substituted “ the relevant maximum specified in subsection (4A) ”;                  

(e)after subsection (4) there is inserted—                  

“(4A)For the purposes of subsection (4)(b), the relevant maximum is—                  

(a)14 years if a person dies as a result of being injured;                  

(b)5 years in any other case where a person is injured;                  

(c)3 years in any case where an assistance dog is injured (whether or not it dies).”                  

(3)In section 4 (destruction and disqualification orders), the words “or (3)” are omitted in both places where they occur in                        subsection (1).                  

(4)In section 4A (contingent destruction orders)—                  

(a)in subsection (1)(a) the words “or (3)” are omitted;                  

(b)in subsection (4) the words “or (3)” are omitted.                  

(5)In section 5 (seizure, entry of premises and evidence)—                  

(a)in subsection (1)(c), for “one” there is substituted “ a dog ”;                  

(b)after subsection (1) there is inserted—                  

“(1A)A constable or an officer of a local authority authorised by it to exercise the powers conferred by this subsection may seize                           any dog in a place in England or Wales which is not a public place, if the dog appears to the constable or officer to be dangerously                           out of control.”                  

(6)In section 10 (interpretation)—                  

(a)in subsection (2), after the definition of “advertisement” there is inserted—                  

““assistance dog” has the meaning given by section 173(1) of the Equality Act 2010;”;                  

(b)in subsection (3)—                  

(i)after “injure any person” there is inserted “ or assistance dog ”;                  

(ii)after “injuring a person” there is inserted “ or assistance dog ”.                  

### 107Whether a dog is a danger to public safetyE+W+S

(1)The Dangerous Dogs Act 1991 is amended as follows.                  

(2)In section 1 (dogs bred for fighting) after subsection (6) there is inserted—                  

“(6A)A scheme under subsection (3) or (5) may in particular include provision requiring a court to consider whether a person is                           a fit and proper person to be in charge of a dog.”                  

(3)In section 4 (destruction and disqualification orders) after subsection (1A) there is inserted—                  

“(1B)For the purposes of subsection (1A)(a), when deciding whether a dog would constitute a danger to public safety, the court—                  

(a)must consider—                  

(i)the temperament of the dog and its past behaviour, and                  

(ii)whether the owner of the dog, or the person for the time being in charge of it, is a fit and proper person to be in charge                           of the dog, and                  

(b)may consider any other relevant circumstances.”                  

(4)Section 4B (destruction orders otherwise than on a conviction) is amended as follows—                  

(a)in subsection (1), after “section 5(1) or (2) below” there is inserted “ or in exercise of a power of seizure conferred by any other enactment ”;                  

(b)after subsection (2) there is inserted—                  

“(2A)For the purposes of subsection (2)(a), when deciding whether a dog would constitute a danger to public safety, the justice                           or sheriff—                  

(a)must consider—                  

(i)the temperament of the dog and its past behaviour, and                  

(ii)whether the owner of the dog, or the person for the time being in charge of it, is a fit and proper person to be in charge                           of the dog, and                  

(b)may consider any other relevant circumstances.”                  

## **PART 8**U.K.Firearms

### 108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 109Functions of Scottish Ministers under Firearms ActsE+W+S

### 110Possession of firearms by persons previously convicted of crimeE+W+S

### 111Increased penalty for improper importation of firearms etcU.K.

### 112British Transport Police: Crown status under Firearms Act 1968E+W+S

## **PART 9**U.K.Protection from sexual harm and violence

### Protection from sexual harmU.K.

#### 113Sexual harm prevention orders and sexual risk orders, etcU.K.

#### 114Saving and transitional provisionE+W

#### 115Use of premises for child sex offencesE+W+N.I.

### Child sexual exploitation at hotelsE+W

#### 116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 117Appeals against notices under section 116E+W

#### 118OffencesE+W

### Violent offendingE+W

#### 119Violent offender ordersE+W

## **PART 10**E+W+SForced marriage

### 120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 122Offence of forced marriage: ScotlandS

## **PART 11**U.K.Policing etc

### College of PolicingE+W

#### 123Regulations to be prepared or approved by the CollegeE+W

(1)In section 50 of the Police Act 1996 (regulations for police forces), after subsection (2ZA) there is inserted—                  

“(2ZB)If the College of Policing submits to the Secretary of State draft regulations with respect to any of the matters mentioned                           in subsection (2)(a), (b), (c) or (g), the Secretary of State shall make regulations in terms of the draft unless the Secretary                           of State considers that—                  

(a)doing so would impair the efficiency or effectiveness of the police, or                  

(b)it would be unlawful to do so, or                  

(c)it would for some other reason be wrong to do so.                  

(2ZC)The Secretary of State may not make regulations with respect to any of the matters mentioned in subsection (2)(a), (b), (c)                           or (g) unless the text of the regulations has been prepared or approved by the College of Policing.”                  

(2)In section 51 of that Act (regulations for special constables), after subsection (2ZA) there is inserted—                  

“(2ZB)If the College of Policing submits to the Secretary of State draft regulations with respect to—                  

(a)the ranks to be held by special constables,                  

(b)the qualifications for appointment and promotion of special constables,                  

(c)periods of service on probation, or                  

(d)maintenance of personal records of special constables,                  

the Secretary of State shall make regulations in terms of the draft.                  

(2ZC)The duty in subsection (2ZB) does not apply if the Secretary of State considers that—                  

(a)making regulations in terms of the draft would impair the efficiency or effectiveness of the police, or                  

(b)it would be unlawful to make regulations in those terms, or                  

(c)it would for some other reason be wrong to make regulations in those terms.                  

(2ZD)The Secretary of State may not make regulations with respect to the matters mentioned in subsection (2ZB) unless the text                           of the regulations has been prepared or approved by the College of Policing.”                  

(3)In section 53A of that Act (regulation of procedures and practices)—                  

(a)after subsection (1) there is inserted—                  

“(1A)If the College of Policing, having consulted the National Crime Agency, submits to the Secretary of State a draft of regulations                           under this section, the Secretary of State shall make regulations in terms of the draft unless the Secretary of State considers                           that—                  

(a)doing so would impair the efficiency or effectiveness of the police, or                  

(b)it would be unlawful to do so, or                  

(c)it would for some other reason be wrong to do so.                  

(1B)The Secretary of State may not make regulations under this section unless the text of the regulations has been prepared or                           approved by the College of Policing.”;                  

(b)subsections (2), (3), (4), (6), (7) and (10) are repealed;                  

(c)in subsection (9), for “the first regulations to be made” there is substituted “ regulations ”.                  

(4)In section 63 of that Act (Police Advisory Board for England and Wales, etc), in subsection (3)(a), before “with respect to”                        there is inserted “to which section 50(2ZC) applies or regulations”.                  

(5)In section 97 of the Criminal Justice and Police Act 2001 (regulations about police training etc)—                  

(a)after subsection (1) there is inserted—                  

“(1A)If the College of Policing submits to the Secretary of State a draft of regulations under this section, the Secretary of State                           shall make regulations in terms of the draft unless the Secretary of State considers that—                  

(a)doing so would impair the efficiency or effectiveness of the police, or                  

(b)it would be unlawful to do so, or                  

(c)it would for some other reason be wrong to do so.                  

(1B)The Secretary of State may not make regulations under this section unless the text of the regulations has been prepared or                           approved by the College of Policing.”;                  

(b)subsection (4) is repealed.                  

#### 124Codes of practice issued by the CollegeE+W

(1)Section 39A of the Police Act 1996 (codes of practice for chief officers) is amended as follows.                  

(2)For subsection (1) there is substituted—                  

“(1)The College of Policing may, with the approval of the Secretary of State, issue codes of practice relating to the discharge                           of their functions by chief officers of police if the College considers that—                  

(a)it is necessary to do so in order to promote the efficiency and effectiveness of police forces generally,                  

(b)it is necessary to do so in order to facilitate the carrying out by members of any two or more police forces of joint or co-ordinated                           operations, or                  

(c)it is for any other reason in the national interest to do so.”                  

(3)In subsection (2), for “The Secretary of State may” there is substituted “ The College of Policing may, with the approval of the Secretary of State, ”.                  

(4)For subsection (4) there is substituted—                  

“(4)The College of Policing shall consult with the National Crime Agency before issuing or revising a code of practice under this                           section.”                  

(5)In subsection (5), for “him” there is substituted “ the College of Policing ”.                  

#### 125Guidance by the College about employment of civilian staffE+W

After section 53D of the Police Act 1996 there is inserted—

##### “Civilian staffE+W

###### 53EGuidance about civilian staff employed by local policing bodies and chief officers

(1)In this section “relevant civilian staff” means individuals, other than constables, who—                  

(a)are employed by a local policing body or a chief officer of police, or                  

(b)provide services to a local policing body or a chief officer of police, in pursuance of contractual arrangements but without                           being employed by the body or officer, and can be expected to have frequent contact with members of the public in the course                           of doing so.                  

(2)The College of Policing may issue guidance to local policing bodies and chief officers of police with regard to—                  

(a)the experience or qualifications to be expected of relevant civilian staff;                  

(b)the training to be undertaken by such staff.                  

(3)The College may from time to time revise the whole or any part of any guidance issued under this section.                  

(4)The College shall publish any guidance issued under this section and any revision of it.                  

(5)In discharging any function to which guidance under this section relates, a local policing body or chief officer of police                           shall have regard to the guidance.”                  

#### 126Power to give directions to the CollegeE+W

After section 40B of the Police Act 1996 there is inserted—

##### “40CPower to give directions to College of Policing

(1)The Secretary of State may give a direction to the College of Policing requiring it to exercise any particular function that                           is conferred on the College by this Act or any other enactment.                  

(2)The College of Policing shall carry out such other duties for the purpose of furthering the efficiency, effectiveness or integrity                           of the police as the Secretary of State may from time to time direct.”                  

#### 127Charging of fees by the CollegeE+W

After section 95 of the Police Act 1996 there is inserted—

##### “95ACharging of fees by College of Policing

(1)The College of Policing may charge fees for providing services of a public nature only if—                  

(a)the services are of a specified description and are provided with a view to promoting the efficiency, effectiveness or professionalism                           of the police, and                  

(b)the fees are of a specified amount or are determined in a specified manner.                  

(2)In this section “specified” means specified in an order made by the Secretary of State.                  

(3)A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of                           either House of Parliament.”                  

#### 128Appointment of senior police officers as staff of the CollegeE+W

After section 100 of the Police Act 1996 there is inserted—

##### “100AAppointment of senior police officers as staff of College of Policing

(1)This section applies where a person who—                  

(a)holds the office of constable with a rank above that of chief superintendent, or                  

(b)hold that office and is eligible to be appointed to a rank above that of chief superintendent,                  

is appointed as a member of the staff of the College of Policing.                  

(2)The person continues to hold the office of constable while a member of the staff of the College.                  

(3)On appointment—                  

(a)a person within subsection (1)(a) holds that office with the same rank that the person held immediately before appointment,                           or with whatever higher rank the College decides;                  

(b)a person within subsection (1)(b) holds that office with whatever rank, above that of chief superintendent, the College decides.”                  

#### 129Disclosure of information to the CollegeE+W

After section 100A of the Police Act 1996 (inserted by section 128 above) there is inserted—

##### “100BDisclosure of information to College of Policing

A person who, apart from this section, would not have power to disclose information to the College of Policing has power to                        do so where the disclosure is made for the purposes of the exercise by the College of any of its functions.”                  

#### 130The College and the IPCCE+W

In Part 2 of the Police Reform Act 2002 (complaints and misconduct), before section 26C (inserted by section 11 of the Crime                     and Courts Act 2013) there is inserted—                  

##### “26BACollege of Policing

(1)The Commission and the College of Policing must enter into an agreement for the establishment, in relation to members of the                           College's staff, of procedures corresponding or similar to those provided for by or under this Part.                  

(2)An agreement under this section—                  

(a)must not be made or varied except with the approval of the Secretary of State; and                  

(b)must not be terminated unless—                  

(i)it is replaced by another such agreement, and                  

(ii)the Secretary of State approves.                  

(3)An agreement under this section may contain provision for enabling the Commission to bring and conduct, or otherwise participate                           or intervene in, any proceedings that are identified by the agreement as disciplinary hearings in relation to members of the                           College's staff.                  

(4)Procedures established in accordance with an agreement under this section shall have no effect in relation to anything done                           outside England and Wales by any member of the College's staff.”                  

### Review bodies for police remuneration etcU.K.

#### 131Abolition of Police Negotiating Board for the United KingdomU.K.

(1)The Police Negotiating Board for the United Kingdom is abolished.                  

(2)Sections 61 and 62 of the Police Act 1996 (the Police Negotiating Board for the United Kingdom, and its functions with respect                        to regulations) are repealed.                  

(3)The Secretary of State may secure the reimbursement of payments made under section 61(5) or (7) of the Police Act 1996 (payment                        by Scottish Ministers or Department of Justice in Northern Ireland towards expenses incurred by the Police Negotiating Board                        for the United Kingdom) to the extent that, by reason of the abolition of the Board, the payments are not needed.                  

#### 132Establishment of Police Remuneration Review BodyE+W+N.I.

(1)After Part 3 of the Police Act 1996 there is inserted—                  

##### **“PART 3A**E+W+N.I.The Police Remuneration Review Body

###### 64AThe Police Remuneration Review Body

(1)There shall be a body called the Police Remuneration Review Body.                  

(2)It shall consist of—                  

(a)a chair appointed by the Prime Minister, and                  

(b)five or more other members appointed by the Secretary of State, one of whom the Secretary of State may appoint as deputy chair.                  

(3)Before making an appointment, the Prime Minister or the Secretary of State shall consult the Department of Justice in Northern                           Ireland.                  

(4)The Secretary of State may by order—                  

(a)change the name of the body established by this section, and                  

(b)make consequential amendments to any provision contained in or made under this or any other Act.                  

(5)A statutory instrument containing an order under subsection (4) shall be subject to annulment in pursuance of a resolution                           of either House of Parliament.                  

(6)Schedule 4B shall have effect in relation to the Police Remuneration Review Body.                  

###### 64BReports by the Police Remuneration Review Body

(1)The Police Remuneration Review Body shall consider and report on any matter referred to it by the Secretary of State that                           relates to—                  

(a)hours of duty,                  

(b)leave,                  

(c)pay and allowances, or                  

(d)the issue, use and return of police clothing, personal equipment and accoutrements,                  

as regards members of police forces of or below the rank of chief superintendent or police cadets appointed under section                        28.                  

(2)A report under subsection (1) shall be submitted to—                  

(a)the Secretary of State, and                  

(b)the Prime Minister,                  

and the Secretary of State shall arrange for it to be published.                  

(3)The Police Remuneration Review Body shall also consider and report on any matter referred to it by the Department of Justice                           in Northern Ireland that relates to—                  

(a)hours of duty,                  

(b)leave,                  

(c)pay and allowances, or                  

(d)the issue, use and return of equipment,                  

as regards members of the Police Service of Northern Ireland of or below the rank of chief superintendent, police trainees                        appointed under section 39 of the Police (Northern Ireland) Act 2000 or police cadets appointed under section 42 of that Act.                  

(4)A report under subsection (3) shall be submitted to the Department of Justice, and that Department shall arrange for it to                           be published.                  

(5)When referring a matter to the Police Remuneration Review Body, the Secretary of State or Department of Justice may give directions                           to that body about—                  

(a)the time within which it must report;                  

(b)considerations to which it must have particular regard;                  

(c)the evidence that it must obtain;                  

(d)matters on which it is to make recommendations.                  

(6)The Police Remuneration Review Body may include in a report under this section any recommendations it considers appropriate                           arising out of matters referred to it under this section (whether or not it is required to do so by a direction under subsection                           (5)).                  

(7)A reference or direction under this section may be varied or revoked.”                  

(2)After Schedule 4A to that Act there is inserted the Schedule set out in Schedule 7 to this Act.                  

(3)An order under section 185(7) may include provision requiring the first members of the Police Remuneration Review Body to                        be, or to include, persons of a particular description.                  

#### 133Consultation about regulations: England and WalesU.K.

(1)After section 52 of the Police Act 1996 there is inserted—                  

##### “52ARegulations about hours, leave or pay: consultation etc

(1)This section applies where the Secretary of State is proposing to make regulations under section 50 or 52 on a matter that                           relates to—                  

(a)hours of duty,                  

(b)leave,                  

(c)pay and allowances, or                  

(d)the issue, use and return of police clothing, personal equipment and accoutrements.                  

(2)In the case of regulations under section 50 concerning members of police forces of or below the rank of chief superintendent,                           or regulations under section 52, before making the regulations the Secretary of State shall (subject to subsection (5))—                  

(a)refer the matter to the Police Remuneration Review Body under section 64B(1), and                  

(b)consider that body's report on the matter.                  

(3)In the case of regulations under section 50 concerning members of police forces above the rank of chief superintendent, before                           making the regulations the Secretary of State shall (subject to subsection (5))—                  

(a)consider advice on the matter from the Senior Salaries Review Body, or                  

(b)where subsection (4) applies, refer the matter to the Police Remuneration Review Body under section 64B(1) and consider that                           body's report on the matter.                  

(4)This subsection applies where—                  

(a)the regulations would affect members of police forces who are not above the rank of chief superintendent as well as those                           who are, and                  

(b)the Secretary of State thinks that it would be preferable for the matter to be considered by the same body.                  

(5)The duty to consider advice from the Senior Salaries Review Body or to refer the matter to the Police Remuneration Review                           Body does not apply if the Secretary of State considers that—                  

(a)there is not enough time to do so because the need to make the regulations is so urgent, or                  

(b)it is unnecessary to do so by reason of the nature of the proposed regulations.                  

(6)In all cases, before making the regulations the Secretary of State shall supply a draft of them to, and consider any representations                           made by, persons whom the Secretary of State considers to represent the interests of—                  

(a)the persons and bodies who between them maintain police forces;                  

(b)chief officers of police;                  

(c)members of police forces;                  

(d)police cadets appointed under section 28.                  

(7)The Secretary of State may by order amend this section in consequence of a change in the name or functions of the body for                           the time being specified in subsection (3)(a).                  

(8)A statutory instrument containing an order under subsection (7) shall be subject to annulment in pursuance of a resolution                           of either House of Parliament.”                  

(2)In section 63 of that Act (Police Advisory Board for England and Wales, etc), in subsection (3)(a), for “regulations with                        respect to any of the matters mentioned in section 61(1)” there is substituted “ regulations of a kind referred to in section 52A(1) ”.                  

(3)In section 1 of the Police Pensions Act 1976 (police pensions regulations)—                  

(a)in subsection (1), for “the Police Negotiating Board for the United Kingdom” there is substituted “ the appropriate advisory or negotiating body ”;                  

(b)after that subsection there is inserted—                  

“(1ZA)In subsection (1) above, “the appropriate advisory or negotiating body” means—                  

(a)as regards England and Wales, the Police Advisory Board for England and Wales;                  

(b)as regards Scotland, the Police Negotiating Board for Scotland.                  

(1ZB)When carrying out consultation under subsection (1) above as regards England and Wales, the Secretary of State shall also                           invite the views of the Northern Ireland Policing Board and the Police Association for Northern Ireland.”                  

(4)In section 52 of the Police Act 1996 (regulations for police cadets), at the end there is inserted—                  

“(3)Before making regulations under this section relating to pensions the Secretary of State shall consult with the Police Advisory                           Board for England and Wales and shall also invite the views of the Northern Ireland Policing Board and the Police Association                           for Northern Ireland.”                  

(5)In Schedule 3 to the Police and Justice Act 2006 (power to merge police pension schemes), in paragraph 3, for sub-paragraph                        (3) there is substituted—                  

“(3)The Secretary of State shall—                  

(a)consult with the Police Advisory Board for England and Wales before exercising the power as regards England and Wales;                  

(b)consult with the Police Negotiating Board for Scotland before exercising the power as regards Scotland;                  

(c)consult with the Northern Ireland Policing Board and the Police Association for Northern Ireland before exercising the power                           as regards Northern Ireland.”                  

#### 134Consultation about regulations: Northern IrelandN.I.

(1)In section 25 of the Police (Northern Ireland) Act 1998 (regulations for the Police Service of Northern Ireland)—                  

(a)in subsection (8), the words “, other than regulations made by virtue of subsection (2)(j), (k) or (l)” are omitted;                  

(b)after that subsection there is inserted—                  

“(9)Subsection (8) does not apply to—                  

(a)regulations made by virtue of subsection (2)(k), as to which the Department of Justice shall invite the views of the Police                           Advisory Board for England and Wales, or                  

(b)regulations made by virtue of subsection (2)(j) or (l), as to which section 25A applies.”                  

(2)After that section there is inserted—                  

##### “25ARegulations about hours, leave, pay or equipment: consultation etc

(1)This section applies where the Department of Justice is proposing to make regulations under section 25 by virtue of subsection                           (2)(j) or (l) of that section.                  

(2)In the case of regulations concerning officers of or below the rank of chief superintendent, before making the regulations                           the Department of Justice shall (subject to subsection (5))—                  

(a)refer the matter to the Police Remuneration Review Body under section 64B(3) of the Police Act 1996, and                  

(b)consider that body's report on the matter.                  

(3)In the case of regulations concerning officers above the rank of chief superintendent, before making the regulations the Department                           of Justice shall (subject to subsection (5))—                  

(a)consider advice on the matter from the Senior Salaries Review Body, or                  

(b)where subsection (4) applies, refer the matter to the Police Remuneration Review Body under section 64B(3) of the Police Act                           1996 and consider that body's report on the matter.                  

(4)This subsection applies where—                  

(a)the regulations would affect officers who are not above the rank of chief superintendent as well as those who are, and                  

(b)the Department of Justice thinks that it would be preferable for the matter to be considered by the same body.                  

(5)The duty to consider advice from the Senior Salaries Review Body or to refer the matter to the Police Remuneration Review                           Body does not apply if Department of Justice considers that—                  

(a)there is not enough time to do so because the need to make the regulations is so urgent, or                  

(b)it is unnecessary to do so by reason of the nature of the proposed regulations.                  

(6)In all cases, before making the regulations the Department of Justice shall supply a draft of them to, and consider any representations                           made by—                  

(a)the Board,                  

(b)the Police Association, and                  

(c)the Chief Constable of the Police Service of Northern Ireland.                  

(7)The Department of Justice may by order amend this section in consequence of a change in the name or functions of the body                           for the time being specified in subsection (3)(a).”                  

(3)In section 41 of the Police (Northern Ireland) Act 2000 (police trainees and police reserve trainees)—                  

(a)at the end of subsection (6) there is inserted “, other than regulations to which subsection (8) applies”;                  

(b)after that subsection there is inserted—                  

“(7)Subsection (8) applies to regulations under subsection (3), concerning police trainees, on a matter that relates to—                  

(a)hours of duty,                  

(b)leave,                  

(c)pay and allowances, or                  

(d)the issue, use and return of equipment.                  

(8)Before making any such regulations the Department of Justice shall—                  

(a)(subject to subsection (9)) refer the matter to the Police Remuneration Review Body under section 64B(3) of the Police Act                           1996 and consider that body's report on the matter, and                  

(b)supply a draft of the regulations to, and consider any representations made by—                  

(i)the Board,                  

(ii)the Police Association, and                  

(iii)the Chief Constable of the Police Service of Northern Ireland.                  

(9)The duty in subsection (8)(a) does not apply if the Department of Justice considers that—                  

(a)there is not enough time to refer to the matter to the Police Remuneration Review Body because the need to make the regulations                           is so urgent, or                  

(b)it is unnecessary to do so by reason of the nature of the proposed regulations.”                  

### Independent Police Complaints CommissionE+W

#### 135Application of IPCC provisions to contractorsE+W

#### 136Application to IPCC of provisions about investigation of offencesE+W

#### 137Provision of information to IPCCE+W

#### 138Unsatisfactory performance procedures following investigation of death or serious injury matterE+W

#### 139Recommendations by IPCC and requirement to respondE+W

### Chief officers of police and local policing bodiesE+W

#### 140Appointment of chief officers of policeE+W

#### 141Financial arrangements etc for chief officers of policeE+W

#### 142Grants to local policing bodiesE+W

#### 143Powers of local policing bodies to provide or commission servicesE+W

### Personal samples and DNA profilesU.K.

#### 144Power to take further fingerprints or non-intimate samplesE+W

(1)In section 61 of the Police and Criminal Evidence Act 1984 (fingerprinting)—                  

(a)in subsections (5A) and (5B), for the words after “investigation” in paragraph (b) there is substituted “but                   

(i)subsection (3A)(a) or (b) above applies, or                  

(ii)subsection (5C) below applies.”;                  

(b)after subsection (5B) there is inserted—                  

“(5C)This subsection applies where—                  

(a)the investigation was discontinued but subsequently resumed, and                  

(b)before the resumption of the investigation the fingerprints were destroyed pursuant to section 63D(3) below.”                  

(2)In section 63 of that Act (non-intimate samples)—                  

(a)at the end of subsection (3ZA)(b) there is inserted “, or                  

“(iii)subsection (3AA) below applies.”;                  

(b)in subsection (3A)(b), for “insufficient; or” there is substituted “insufficient, or                   

(iii)subsection (3AA) below applies; or”;                  

(c)after subsection (3A) there is inserted—                  

“(3AA)This subsection applies where the investigation was discontinued but subsequently resumed, and before the resumption of the                           investigation—                  

(a)any DNA profile derived from the sample was destroyed pursuant to section 63D(3) below, and                  

(b)the sample itself was destroyed pursuant to section 63R(4), (5) or (12) below.”                  

#### 145Power to retain fingerprints or DNA profile in connection with different offenceE+W

(1)For section 63P of the Police and Criminal Evidence Act 1984 (section 63D material obtained for one purpose and used for another)                        there is substituted—                  

##### “63PRetention of 63D material in connection with different offence

(1)Subsection (2) applies if—                  

(a)section 63D material is taken (or, in the case of a DNA profile, derived from a sample taken) from a person in connection                           with the investigation of an offence, and                  

(b)the person is subsequently arrested for or charged with a different offence, or convicted of or given a penalty notice for                           a different offence.                  

(2)Sections 63E to 63O and sections 63Q and 63T have effect in relation to the material as if the material were also taken (or,                           in the case of a DNA profile, derived from a sample taken)—                  

(a)in connection with the investigation of the offence mentioned in subsection (1)(b),                  

(b)on the date on which the person was arrested for that offence (or charged with it or given a penalty notice for it, if the                           person was not arrested).”                  

(2)The amendment made by subsection (1) applies even where the event referred to in subsection (1)(b) of the substituted section                        63P occurs before the day on which this section comes into force.                  

#### 146Retention of personal samples that are or may be disclosableU.K.

(1)In section 63U of the Police and Criminal Evidence Act 1984 (fingerprints and samples etc: exclusions from destruction rules)—                  

(a)in subsection (5) (material that is or may become disclosable to the defence), for “Sections 63D to 63Q, 63S and 63T” there                        is substituted “ Sections 63D to 63T ”;                  

(b)after that subsection there is inserted—                  

“(5A)A sample that—                  

(a)falls within subsection (5), and                  

(b)but for that subsection would be required to be destroyed under section 63R,                  

must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken.                  

(5B)A sample that once fell within subsection (5) but no longer does, and so becomes a sample to which section 63R applies, must                           be destroyed immediately if the time specified for its destruction under that section has already passed.”                  

(2)In Schedule 8 to the Terrorism Act 2000 (detention of terrorist suspects etc), in paragraph 20I (substituted by paragraph                        1 of Schedule 1 to the Protection of Freedoms Act 2012) (fingerprints and samples etc: exclusion from destruction rules of                        material that is or may become disclosable to the defence)—                  

(a)for “Paragraphs 20A to 20F and 20H do not apply to paragraph 20A material” there is substituted “ Paragraphs 20A to 20H do not apply to material ”;                  

(b)at the end of that paragraph (which becomes sub-paragraph (1)) there is inserted—                  

“(2)A sample that—                  

(a)falls within sub-paragraph (1), and                  

(b)but for that sub-paragraph would be required to be destroyed under paragraph 20G,                  

must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken.                  

(3)A sample that once fell within sub-paragraph (1) but no longer does, and so becomes a sample to which paragraph 20G applies,                           must be destroyed immediately if the time specified for its destruction under that paragraph has already passed.”                  

### MiscellaneousU.K.

#### 147Powers to seize invalid passports etcU.K.

Schedule 8 (powers to seize invalid passports etc) has effect.

#### 148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 149Inspection of Serious Fraud OfficeE+W

(1)In section 2 of the Crown Prosecution Service Inspectorate Act 2000 (functions of the Chief Inspector of the Crown Prosecution                        Service), after subsection (3) there is inserted—                  

“(3A)This section applies to the Serious Fraud Office as it applies to the Crown Prosecution Service.”                  

(2)In section 3 of the Criminal Justice Act 1987 (disclosure of information by Serious Fraud Office)—                  

(a)the word “and” before paragraph (c) of subsection (1) is omitted;                  

(b)after that paragraph there is inserted “; and                   

(d)in order to comply with a requirement imposed under paragraph 7 of the Schedule to the Crown Prosecution Service Inspectorate                           Act 2000,”;                  

(c)in subsection (3), for the words from “by a member of the Serious Fraud Office” to “or elsewhere and” there is substituted “by a member of the Serious Fraud Office—                   

(a)for the purposes of any prosecution in England and Wales, Northern Ireland or elsewhere, or                  

(b)in order to comply with a requirement imposed under paragraph 7 of the Schedule to the Crown Prosecution Service Inspectorate                           Act 2000,                  

and ”.                  

#### 150Jurisdiction of Investigatory Powers Tribunal over Surveillance CommissionersU.K.

(1)Section 91 of the Police Act 1997 (Surveillance Commissioners) is amended as follows.                  

(2)In subsection (10), for “sections 104 and 106” there is substituted “ section 104 ”.                  

(3)After subsection (10) there is inserted—                  

“(11)Subsection (10) is not to be read as affecting the jurisdiction of the Tribunal conferred by section 65 of the Regulation                           of Investigatory Powers Act 2000 or section 23 of the Regulation of Investigatory Powers (Scotland) Act 2000.”                  

#### 151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 153Use of amplified noise equipment in vicinity of the Palace of WestminsterE+W

(1)The Police Reform and Social Responsibility Act 2011 is amended as follows.                  

(2)After section 142 there is inserted—                  

##### “142AOther controlled areas in vicinity of the Palace of Westminster

(1)For the purposes of this Part, the “Palace of Westminster controlled area” means the area of land in the City of Westminster that is comprised in—                  

(a)the highways in the postal district SW1 known as—                  

(i)Bridge Street,                  

(ii)St Margaret's Street, and                  

(iii)Abingdon Street,                  

(b)so much of the highway in the postal district SW1 known as Great College Street as immediately adjoins Abingdon Street Garden,                  

(c)Old Palace Yard,                  

(d)Abingdon Street Garden (and its pathways), and                  

(e)Victoria Tower Gardens.                  

(2)In subsection (1)—                  
          -  “Abingdon Street Garden” means the garden constructed on the sites of properties formerly known as 18 to 28 (both inclusive) Abingdon Street, London,                              SW1, together with the garden surrounding the adjoining Jewel Tower and the lawn surrounding the King George V Memorial;                         
          -  “highway” has the same meaning as in the Highways Act 1980 (see section 328 of that Act);                         
          -  “Old Palace Yard” includes the King George V Memorial.”                         

(3)In section 143 (prohibited activities in controlled area of Parliament Square)—                  

(a)in the heading, at the end there is inserted “**or in Palace of Westminster controlled area**”;                  

(b)in subsection (2)(a), after “Parliament Square” there is inserted “ or in the Palace of Westminster controlled area ”.                  

(4)In section 144 (directions under section 143: further provision), in subsection (5), after “Parliament Square” there is inserted                        “ , or the Palace of Westminster controlled area, ”.                  

(5)In section 145 (power to seize property)—                  

(a)in subsection (1), at the end there is inserted “in that area”;                  

(b)after that subsection there is inserted—                  

“(1A)A constable or authorised officer may seize and retain a prohibited item that is on any land in the Palace of Westminster                           controlled area if it appears to that constable or officer that the item is being, or has been, used in connection with the                           commission of an offence under section 143 in that area.”;                  

(c)in subsection (2), at the end there is inserted “in that area”;                  

(d)after that subsection there is inserted—                  

“(2A)A constable may seize and retain a prohibited item that is on any land outside of the Palace of Westminster controlled area                           if it appears to the constable that the item has been used in connection with the commission of an offence under section 143                           in that area.”;                  

(e)in subsection (8), for “subsections (1) and (2)” there is substituted “ this section ”.                  

(6)In section 146 (power of court on conviction)—                  

(a)in subsection (1)(b), for “the controlled area of Parliament Square” there is substituted “ a relevant area ”;                  

(b)in subsection (2), for “the controlled area of Parliament Square” there is substituted “ a relevant area ”;                  

(c)after that subsection there is inserted—                  

“(2A)In this section “relevant area” means an area consisting of either or both of the following areas—                  

(a)the controlled area of Parliament Square, and                  

(b)the Palace of Westminster controlled area.”                  

(7)In section 147 (authorisation for operation of amplified noise equipment), in subsection (1)—                  

(a)after “Parliament Square” there is inserted “ or the Palace of Westminster controlled area ”;                  

(b)after “that land” there is inserted “ (or any part of it) ”.                  

(8)In section 148 (meaning of “authorised officer” and “responsible authority”)—                  

(a)in subsection (2), after “Parliament Square” there is inserted “ , or in relation to any land in the Palace of Westminster controlled area other than Royal Park land, ”;                  

(b)after subsection (3) there is inserted—                  

“(4)Responsible authority”, in relation to any land in the Palace of Westminster controlled area, means—                  

(a)the Secretary of State, for any land comprised in Royal Park land;                  

(b)Westminster City Council, for any other land.                  

(5)In this section “Royal Park land” means any land of a description specified in Schedule 1 to the Royal Parks and Other Open Spaces Regulations 1997 (S.I.                           1997/1639), as that Schedule has effect on the day on which the Anti-social Behaviour, Crime and Policing Act 2014 is passed.”                  

(9)In section 149 (effect of Part on byelaws), in subsection (3), after “Parliament Square” there is inserted “ or the Palace of Westminster controlled area ”.                  

(10)In the italic cross-heading before section 142, for “*Garden and adjoining pavements*” there is substituted “ *etc* ”.                  

(11)In the heading of Part 3, for “Garden and surrounding area” there is substituted “ etc ”.                  

#### 154Littering from vehiclesE+W

(1)The Environmental Protection Act 1990 is amended as follows.                  

(2)After section 88 (fixed penalty notices for leaving litter) there is inserted—                  

##### “88ALittering from vehicles: civil penalty regime

(1)The Secretary of State may make regulations under which the keeper of a vehicle may be required to pay a fixed penalty to                           a litter authority where there is reason to believe that a littering offence in England has been committed in respect of the                           vehicle.                  

(2)A littering offence is committed in respect of a vehicle if an offence under section 87(1) occurs as a result of litter being                           thrown, dropped or otherwise deposited from the vehicle (whether or not by the vehicle's keeper).                  

(3)Regulations under this section must make provision—                  

(a)setting the amount of fixed penalties or specifying how the amount is to be determined;                  

(b)about the period within which fixed penalties must be paid;                  

(c)for payment within that period of a fixed penalty imposed for a littering offence committed in respect of a vehicle to discharge                           any liability for conviction for the offence (whether on the part of the keeper or anybody else);                  

(d)for a fixed penalty to be payable by the keeper of a vehicle only if a written notice is given to the keeper (“a penalty notice”);                  

(e)about the persons authorised to give penalty notices;                  

(f)about the procedure to be followed in giving penalty notices;                  

(g)about the form and content of penalty notices;                  

(h)conferring rights to make representations about, and to bring appeals against, penalty notices.                  

(4)Provision under subsection (3)(e) may authorise a person to give a penalty notice for a littering offence committed in respect                           of a vehicle only if—                  

(a)the person is under a duty under section 89(1) in respect of the land where the offence is committed (and that person is a                           “litter authority” in relation to a fixed penalty payable under the regulations), or                  

(b)the person is an authorised officer of a litter authority,                  

and regulations under this section may include provision about the meaning of “authorised officer”.                  

(5)Regulations under this section may include provision—                  

(a)for the enforcement of penalty notices (and such provision may in particular authorise an unpaid fixed penalty to be recovered                           summarily as a civil debt or as if payable under an order of a court if the court so orders);                  

(b)about the application of sums paid under penalty notices (and such provision may in particular authorise sums paid to a litter                           authority to be applied for the purposes of such functions of the authority as the regulations may specify);                  

(c)about the application of the regulations to keepers of vehicles in the public service of the Crown.                  

(6)Regulations under this section may, in consequence of any provision contained in the regulations, amend—                  

(a)this Part, or                  

(b)Part 2 of the London Local Authorities Act 2007.                  

(7)Regulations under this section may—                  

(a)make provision corresponding or similar to any provision made by or under section 88;                  

(b)make provision subject to exceptions;                  

(c)include saving, transitional, transitory, supplementary or consequential provision.                  

(8)Provision of the kind mentioned in subsection (7)(a) may include provision—                  

(a)conferring a discretion on a litter authority, subject to such constraints or limitations as the regulations may specify (whether                           or not of a corresponding or similar kind to those mentioned in section 97A(2));                  

(b)creating an offence of the kind mentioned in section 88(8B) and (8C),                  

but may not include provision conferring power on a person to make orders or regulations.                  

(9)In this section—                  
          -  “keeper”, in relation to a vehicle, means the person by whom the vehicle is kept at the time when the littering offence in question                              occurs, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper;                         
          -  “litter authority” has the meaning given in subsection (4)(a);                         
          -  “registered keeper”, in relation to a registered vehicle, means the person in whose name the vehicle is registered;                         
          -  “registered vehicle” means a vehicle which is for the time being registered under the Vehicle Excise and Registration Act 1994;                         
          -  “vehicle” means a mechanically-propelled vehicle or a vehicle designed or adapted for towing by a mechanically-propelled vehicle.”                         

(3)In section 161 (regulations, orders and directions), after subsection (2ZA) there is inserted—                  

“(2ZB)Subsection (2) does not apply to a statutory instrument containing regulations under section 88A if the regulations—                  

(a)are the first set of regulations to be made under that section, or                  

(b)include provision falling within subsection (3)(a) or (6) of that section.                  

(2ZC)A statutory instrument to which subsection (2) does not apply by virtue of subsection (2ZB) may not be made unless a draft                           of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”                  

## **PART 12**U.K.Extradition

### Amendments of the Extradition Act 2003U.K.

#### 155Date of extradition hearingU.K.

#### 156Extradition barred if no prosecution decision in requesting territoryU.K.

#### 157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 158Hostage-taking considerationsU.K.

#### 159Request for temporary transfer etcU.K.

#### 160AppealsU.K.

#### 161Judge informed after extradition hearing or order that person is charged with offence or serving sentence in United KingdomU.K.

#### 162Asylum etcU.K.

#### 163Consent to extradition not to be taken as waiver of speciality rightsU.K.

#### 164Definition of “extradition offence”U.K.

#### 165Extradition to the United Kingdom to be sentenced or to serve a sentenceU.K.

#### 166Detention of extradited person for trial in England and Wales for other offencesE+W

#### 167Proceedings on deferred warrant or request etcU.K.

#### 168Non-UK extradition: transit through the United KingdomU.K.

#### 169Extradition to a territory that is party to an international ConventionU.K.

#### 170Electronic transmission of European arrest warrant etcU.K.

### Time spent in custody awaiting extradition to the United KingdomU.K.

#### 171Discount on sentence for time spent in custody awaiting extradition: England and WalesE+W

#### 172Discount on sentence for time spent in custody awaiting extradition: ScotlandS

#### 173Discount on sentence for time spent in custody awaiting extradition: Northern IrelandN.I.

### Procedure rulesE+W

#### 174Criminal Procedure Rules to apply to extradition proceedings etcE+W

## **PART 13**U.K.Criminal justice and court fees

### 175Compensation for miscarriages of justiceE+W+N.I.

(1)In section 133 of the Criminal Justice Act 1988 (compensation for miscarriages of justice) after subsection (1) there is inserted—                  

“(1ZA)For the purposes of subsection (1), there has been a miscarriage of justice in relation to a person convicted of a criminal                           offence in England and Wales or, in a case where subsection (6H) applies, Northern Ireland, if and only if the new or newly                           discovered fact shows beyond reasonable doubt that the person did not commit the offence (and references in the rest of this                           Part to a miscarriage of justice are to be construed accordingly).”                  

(2)Subsection (1ZA) of section 133 of the Criminal Justice Act 1988 has effect in relation to—                  

(a)any application for compensation made under subsection (2) of that section on or after the day on which this section comes                        into force, and                  

(b)any application for compensation made before that day in relation to which the question whether there is a right to compensation                        has not been finally determined before that day by the Secretary of State under subsection (3) of that section.                  

### 176Low-value shopliftingU.K.

(1)The Magistrates' Courts Act 1980 is amended as follows.                  

(2)In section 2 (trial of summary offences), in subsection (3)(a) for “22” there is substituted “ 22A ”.                  

(3)After section 22 there is inserted—                  

#### “22ALow-value shoplifting to be a summary offence

(1)Low-value shoplifting is triable only summarily.                  

(2)But where a person accused of low-value shoplifting is aged 18 or over, and appears or is brought before the court before                           the summary trial of the offence begins, the court must give the person the opportunity of electing to be tried by the Crown                           Court for the offence and, if the person elects to be so tried—                  

(a)subsection (1) does not apply, and                  

(b)the court must send the person to the Crown Court for trial for the offence.                  

(3)“Low-value shoplifting” means an offence under section 1 of the Theft Act 1968 in circumstances where—                  

(a)the value of the stolen goods does not exceed £200,                  

(b)the goods were being offered for sale in a shop or any other premises, stall, vehicle or place from which there is carried                           on a trade or business, and                  

(c)at the time of the offence, the person accused of low-value shoplifting was, or was purporting to be, a customer or potential                           customer of the person offering the goods for sale.                  

(4)For the purposes of subsection (3)(a)—                  

(a)the value of the stolen goods is the price at which they were being offered for sale at the time of the offence, and                  

(b)where the accused is charged on the same occasion with two or more offences of low-value shoplifting, the reference to the                           value involved has effect as if it were a reference to the aggregate of the values involved.                  

(5)A person guilty of low-value shoplifting is liable on summary conviction to—                  

(a)imprisonment for a period not exceeding 51 weeks (or 6 months, if the offence was committed before the commencement of section                           281(4) and (5) of the Criminal Justice Act 2003),                  

(b)a fine, or                  

(c)both.                  

(6)A person convicted of low-value shoplifting by a magistrates' court may not appeal to the Crown Court against the conviction                           on the ground that the convicting court was mistaken as to whether the offence was one of low-value shoplifting.                  

(7)For the purposes of this section, any reference to low-value shoplifting includes aiding, abetting, counselling or procuring                           the commission of low-value shoplifting.”                  

(4)In section 143 (power to alter sums specified in certain provisions)—                  

(a)after subsection (2)(a) there is inserted—                  

“(aza)section 22A(3)(a) above;”;                  

(b)the word “or” after paragraph (a) of subsection (3) is omitted;                  

(c)after subsection (3)(a) there is inserted—                  

“(aa)in relation to section 22A(3)(a) above, the date of the coming into force of that section; or”.                  

(5)The Criminal Attempts Act 1981 is amended as follows—                  

(a)in section 1 (attempting to commit an offence) after subsection (4) there is inserted—                  

“(5)This section also applies to low-value shoplifting (which is defined in, and is triable only summarily by virtue of, section                           22A of the Magistrates' Courts Act 1980).”;                  

(b)in section 4 (trial and penalties) in paragraph (c) of subsection (1), after “either way,” there is inserted “or is low-value                        shoplifting (which is defined in, and is triable only summarily by virtue of, section 22A of the Magistrates' Courts Act 1980),”.                  

(6)Any reference in the Police and Criminal Evidence Act 1984 to an “indictable offence” has effect as if it included a reference                        to low-value shoplifting (as defined in section 22A(3) of the Magistrates' Courts Act 1980).                  

(7)In section 84 of the Armed Forces Act 2006 (definitions), after subsection (2) there is inserted—                  

“(2A)In subsection (2)(a), the reference to an “indictable offence” has effect as if it included a reference to low-value shoplifting                           (as defined in section 22A(3) of the Magistrates' Courts Act 1980).”                  

(8)The amendments made by this section have effect in relation to—                  

(a)low-value shoplifting (which is defined in section 22A(3) of the 1980 Act) committed on or after the day on which this section                        comes into force, and                  

(b)low-value shoplifting committed before that day in respect of which proceedings have not yet been instituted.                  

### 177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 178Protection arrangements for persons at riskE+W+S

(1)The Serious Organised Crime and Police Act 2005 is amended as follows.                  

(2)In section 82 (protection of persons involved in investigations or proceedings)—                  

(a)in the heading, for “**of persons involved in investigations or proceedings**” there is substituted “ **arrangements for persons at risk** ”;                  

(b)in subsection (1), for the words from “a person” to “United Kingdom” there is substituted “ any person if he reasonably believes that the person's safety is at risk in view of the criminal conduct or possible criminal                           conduct of another person ”;                  

(c)after subsection (5) there is inserted—                  

“(5A)In subsection (1), “criminal conduct” means conduct which constitutes an offence in England and Wales or Scotland, or would do if it occurred there.                  

(5B)Nothing in this section prevents a protection provider from making arrangements under this section for the protection of a                           person where non-statutory arrangements have already been made in respect of that person.”;                  

(d)subsection (6) is repealed.                  

(3)Sections 91 and 92 are repealed.                  

(4)In section 93, paragraph (b) of subsection (1) and the word “or” before it are repealed.                  

(5)In section 172, paragraph (e) of subsection (5) is repealed.                  

(6)Schedule 5 is repealed.                  

(7)Nothing in this section affects arrangements made before the commencement of this section for the purpose of protecting a                        person under section 82(1) of the 2005 Act.                  

### 179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 180Court and tribunal feesU.K.

(1)In prescribing a fee under an enactment specified in subsection (2), the Lord Chancellor may with the consent of the Treasury                        prescribe a fee of an amount which is intended to exceed the cost of anything in respect of which the fee is charged.                  

(2)The enactments are—                  

(a)section 92 of the Courts Act 2003 (Senior Courts, county courts and magistrates' courts fees);                  

(b)section 54 of the Mental Capacity Act 2005 (Court of Protection fees);                  

(c)section 58(4)(b) of that Act (Public Guardian fees);                  

(d)section 42 of the Tribunals, Courts and Enforcement Act 2007 (tribunal fees).                  

(3)Before prescribing a fee by virtue of subsection (1) under an enactment specified in subsection (2)(a), (b) or (d), the Lord                        Chancellor must have regard to—                  

(a)the financial position of the courts and tribunals for which the Lord Chancellor is responsible, including in particular any                        costs incurred by those courts and tribunals that are not being met by current fee income, and                  

(b)the competitiveness of the legal services market.                  

(4)For the purposes of subsection (3)(a), the courts and tribunals for which the Lord Chancellor is responsible are the courts                        listed in section 1(1) of the Courts Act 2003 and the tribunals listed in section 39(1) of the Tribunals, Courts and Enforcement                        Act 2007.                  

(5)A fee prescribed by virtue of subsection (1) under section 58(4)(b) of the Mental Capacity Act 2005 must be used to finance                        the efficient and effective discharge of functions of the Public Guardian.                  

(6)A fee prescribed by virtue of subsection (1) under any other enactment specified in subsection (2) must be used to finance                        an efficient and effective system of courts and tribunals.                  

(7)A statutory instrument—                  

(a)containing an order or regulations under an enactment specified in subsection (2), and                  

(b)setting a fee in excess of the cost of anything in respect of which the fee is charged,                  

may not be made unless a draft of the instrument has been laid before both Houses of Parliament and approved by a resolution                     of each House.                  

(8)But subsection (7) does not apply if the statutory instrument only adjusts a fee to reflect changes in the value of money.                  

## **PART 14**U.K.General

### 181AmendmentsU.K.

(1)Schedule 11 (minor and consequential amendments) has effect.                  

(2)The Secretary of State may by order make consequential amendments to provisions contained in or made under any Act.                  

“Consequential amendments” here means amendments that are consequential on any provision of this Act, other than the provisions                     listed in subsection (4) as they apply in Wales.                  

(3)The Secretary of State may by order make amendments to sections 136 and 142 of the Sexual Offences Act 2003 that are consequential                        on the coming into force of any amendment of Part 2 of that Act made by the Criminal Justice Act (Northern Ireland) 2013.                  

(4)The Welsh Ministers may by order make consequential amendments to provisions contained in or made under any Act or any Measure                        or Act of the National Assembly for Wales.                  

“Consequential amendments” here means amendments that are consequential on any of the following provisions as they apply in                     Wales—                  

(a)sections 94 to 98 and Schedule 3;                  

(b)section 100;                  

(c)paragraphs 2, 7 to 10, 12 to 14, 15(4), 16, 18 to 20, 47(4) and 48 of Schedule 11.                  

Commencement Information

I5S. 181 partly in force; s. 181(2)(4) in force at Royal Assent, see s. 185(2)(a)

### 182Orders and regulationsU.K.

(1)A power under this Act to make an order or regulations is exercisable by statutory instrument, but this does not apply to                        a power of the Scottish Ministers to make an order under section 185.                  

(2)A statutory instrument containing—                  

(a)an order under section 5(5),                  

(b)an order under section 53(4),                  

(c)regulations under section 116(5)(b), or                  

(d)an order under section 181(2) that amends an Act,                  

may not be made unless a draft of the instrument has been laid before both Houses of Parliament and approved by a resolution                     of each House.                  

(3)A statutory instrument containing an order under section 181(4) that amends an Act or a Measure or Act of the National Assembly                        for Wales may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National                        Assembly for Wales.                  

(4)A statutory instrument containing—                  

(a)an order under this Act made by the Secretary of State, other than an order within subsection (2) or an order under section                        181(3) or 185, or                  

(b)regulations under this Act made by the Secretary of State, other than regulations within subsection (2),                  

is subject to annulment in pursuance of a resolution of either House of Parliament.

(5)A statutory instrument containing—                  

(a)an order under this Act made by the Welsh Ministers, other than an order within subsection (3) or an order under section 185,                        or                  

(b)regulations under this Act made by the Welsh Ministers,                  

is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(6)An order or regulations under this Act (other than an order under section 185) may make saving, transitional, transitory,                        supplementary or consequential provision.                  

### 183Financial provisionU.K.

There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any                     other Act out of money so provided.                  

### 184ExtentU.K.

(1)The following provisions extend to England and Wales only—                  

(a)Parts 1 to 6;                  

(b)section 106 except subsections (2)(a)(ii) and (6);                  

(c)section 114;                  

(d)sections 116 to 119;                  

(e)sections 120 and 121;                  

(f)sections 123 to 130;                  

(g)section 133(1), (2) and (4);                  

(h)sections 135 to 143;                  

(i)sections 144, 145 and 146(1);                  

(j)sections 149 and 151;                  

(k)section 152 and Schedule 10;                  

(l)sections 153 and 154;                  

(m)sections 166, 171 and 174;                  

(n)section 176 except subsection (7);                  

(o)sections 177 and 179.                  

(2)The following provisions extend to England and Wales and Scotland (but not Northern Ireland)—                  

(a)sections 106(2)(a)(ii) and (6) and 107;                  

(b)sections 108 to 110 and 112;                  

(c)section 133(3);                  

(d)section 178.                  

(3)The following provisions extend to England and Wales and Northern Ireland (but not Scotland)—                  

(a)section 115 and Schedule 6;                  

(b)section 132 and Schedule 7;                  

(c)section 175.                  

(4)The following provisions extend to England and Wales, Scotland and Northern Ireland—                  

(a)section 111;                  

(b)section 113 and Schedule 5;                  

(c)section 131;                  

(d)section 133(5);                  

(e)section 146(2);                  

(f)section 147 and Schedule 8;                  

(g)section 148 and Schedule 9;                  

(h)section 150;                  

(i)Part 12, except sections 166 and 171 to 174;                  

(j)section 180.                  

(5)Sections 122 and 172 extend only to Scotland.                  

(6)Sections 134 and 173 extend only to Northern Ireland.                  

(7)Section 176(7) has the same extent as section 84 of the Armed Forces Act 2006, and the powers conferred by section 384 of                        that Act (power to extend Act to the Channel Islands and powers to make provisions of that Act apply with modifications in                        relation to the Channel Islands, British overseas territories and the Isle of Man) are exercisable in relation to the amendment                        of that Act made by section 176(7) of this Act.                  

(8)An amendment, repeal or revocation made by Schedule 11 has the same extent as the relevant part of the Act or instrument amended,                        repealed or revoked.                  

(9)The powers conferred by sections 177, 178 and 222 of the Extradition Act 2003 (powers to make provisions of that Act apply                        in relation to British overseas territories, the Channel Islands and the Isle of Man) are exercisable in relation to any amendment                        of that Act made by this Act.                  

### 185CommencementU.K.

(1)This Act comes into force on whatever day or days the Secretary of State appoints by order.                  

(2)Subsection (1) does not apply to—                  

(a)sections 150, 175, 180, 181(2) and (4) and 182 to 186, which come into force on the day on which this Act is passed;                  

(b)sections 151 and 177, which come into force at the end of the period of 2 months beginning with that day;                  

(c)the provisions listed in subsection (3) as they apply in Wales;                  

(d)section 149;                  

(e)section 122.                  

(3)The following provisions, as they apply in Wales, come into force on whatever day or days the Welsh Ministers appoint by order—                  

(a)sections 94 to 98 and Schedule 3;                  

(b)section 100;                  

(c)paragraphs 2, 7 to 10, 12 to 14, 15(4), 16, 18 to 20, 47(4) and 48 of Schedule 11 (and section 181(1) so far as it relates                        to those paragraphs).                  

(4)Different days may be appointed under subsection (1) or (3) for different purposes or different areas.                  

(5)Section 149 comes into force on whatever day the Attorney General appoints by order.                  

(6)Section 122 comes into force on whatever day the Scottish Ministers appoint by order.                  

(7)The Secretary of State may by order make whatever saving, transitional or transitory provision (in addition to the provision                        in sections 21, 33, 42, 58 and 93) the Secretary of State thinks appropriate in connection with the coming into force of any                        provision of this Act, other than the provisions listed in subsection (3) as they apply in Wales.                  

(8)The Welsh Ministers may by order make whatever saving, transitional or transitory provision they think appropriate in connection                        with the coming into force in Wales of the provisions listed in subsection (3) as they apply in Wales.                  

(9)The Scottish Ministers may by order make whatever saving, transitional or transitory provision they think appropriate in connection                        with the coming into force of section 122.                  

(10)An order under this section bringing into force on a particular day a provision which refers to the Police Negotiating Board                        for Scotland may, if it appears to the Secretary of State that no body of that name will be in existence on that day, bring                        the provision into force subject to whatever consequential amendment or transitional provision the Secretary of State thinks                        appropriate.                  

### 186Short titleU.K.

This Act may be cited as the Anti-social Behaviour, Crime and Policing Act 2014.

# SCHEDULES

 Section 11

## SCHEDULE 1E+WRemands under sections 9 and 10

### IntroductoryE+W

1(1)This Schedule applies where—E+W

(a)a judge has power to remand a person under section 9(5),

(b)a justice of the peace is required to remand a person under section 9(6), or

(c)a court has power to remand a person under section 10(8).

(2)A reference in the following paragraphs of this Schedule to a judge is to be read as including a justice of the peace.

### Remand in custody or on bailE+W

2(1)The judge or the court may remand the person—E+W

(a)in custody, or

(b)on bail.

But a person aged under 18 may not be remanded in custody unless paragraph 6 applies.

(2)A reference in this Schedule to remanding a person in custody is a reference to committing the person to custody to be brought                        before the court at the end of the period of remand or at whatever earlier time the court may require.

(3)The judge or the court may remand the person on bail—

(a)by taking from the person a recognizance, with or without sureties, conditioned as provided in paragraph 3, or

(b)by fixing the amount of the recognizances with a view to their being taken subsequently and, in the meantime, committing the                        person to custody as mentioned in sub-paragraph (2).

(4)Where a person is brought before the court after remand, the court may further remand the person.

3(1)Where a person is remanded on bail, the judge or the court may direct that the person's recognizance be conditioned for his                        or her appearance—E+W

(a)before the court at the end of the period of remand, or

(b)at every time and place to which during the course of the proceedings the hearing may from time to time be adjourned.

(2)Where a recognizance is conditioned for a person's appearance as mentioned in sub-paragraph (1)(b), the fixing of a time for                        the person next to appear is to be treated as a remand.

(3)Nothing in this paragraph affects the power of the court at any subsequent hearing to remand the person afresh.

4(1)The judge or the court may not remand a person for a period exceeding 8 clear days unless—E+W

(a)paragraph 5 or 6 applies, or

(b)the person is remanded on bail and both that person and the person who applied for the injunction consent to a longer period.

(2)Where the judge or the court has power to remand a person in custody, the person may be committed to the custody of a constable                        if the remand is for a period not exceeding 3 clear days.

### Remand for medical examination and reportE+W

5(1)This paragraph applies where—E+W

(a)the judge or the court has reason to think that a medical report will be needed, and

(b)the judge or the court remands the person in order to enable a medical examination to take place and a report to be made.

(2)If (in the case of a person aged 18 or over) the person is remanded in custody, the adjournment may not be for more than 3                        weeks at a time.

(3)If the person is remanded on bail, the adjournment may not be for more than 4 weeks at a time.

6(1)If the judge or the court—E+W

(a)is satisfied, on the written or oral evidence of a registered medical practitioner, that there is reason to suspect that the                        person is suffering from mental disorder, and

(b)is of the opinion that it would be impracticable for a report on the person's mental condition to be made if he or she were                        remanded on bail,

the judge or the court may remand the person to a hospital or registered establishment specified by the judge or the court                     for such a report to be made.                  

(2)In sub-paragraph (1)—
          -  “hospital” has the meaning given by section 145(1) of the Mental Health Act 1983;                         
          -  “mental disorder” has the meaning given by section 1 of that Act (reading subsection (2B) of that section as if it included a reference to                           sub-paragraph (1) above);                         
          -  “registered establishment” has the meaning given by 34(1) of that Act.                         

(3)Subsections (4) to (10) of section 35 of the Mental Health Act 1983 apply for the purposes of sub-paragraph (1) with any necessary                        modifications (in particular, with references to the accused person being read as references to the person mentioned in that                        sub-paragraph, and references to the court being read as references to the judge or the court).

### Further remandE+W

7(1)If the court is satisfied that a person who has been remanded is unable by reason of illness or accident to appear or be brought                        before the court at the end of the period of remand, the court may further remand the person in his or her absence.E+W

(2)The power in sub-paragraph (1) may, in the case of a person who was remanded on bail, be exercised by enlarging the person's                        recognizance and those of any sureties for the person to a later time.

(3)Where a person remanded on bail is bound to appear before the court at any time and the court has no power to remand the person                        under sub-paragraph (1), the court may (in the person's absence) enlarge the person's recognizance and those of any sureties                        for the person to a later time.

(4)The enlargement of the person's recognizance is to be treated as a further remand.

(5)Paragraph 4(1) (limit of remand) does not apply to the exercise of the powers conferred by this paragraph.

### Postponement of taking recognizanceE+W

8E+WWhere under paragraph 2(3)(b) the court fixes the amount in which the principal and the sureties, if any, are to be bound,                        the recognizance may afterwards be taken by a person prescribed by rules of court, with the same consequences as if it had                        been entered into before the court.

### Requirements imposed on remand on bailE+W

9E+WThe court may when remanding a person on bail under this Schedule require the person to comply, before release on bail or                        later, with any requirements that appear to the court to be necessary to secure that the person does not interfere with witnesses                        or otherwise obstruct the course of justice.

 Section 12

## SCHEDULE 2E+WBreach of injunctions: powers of court in respect of under-18s

### **PART 1**E+WIntroductory

#### Power to make supervision order or detention orderE+W

1(1)A youth court, if satisfied beyond reasonable doubt that a person aged under 18 is in breach of a provision of an injunction                        under section 1 to which he or she is subject, may make in respect of the person—E+W

(a)a supervision order (see Part 2 of this Schedule), or

(b)a detention order (see Part 3 of this Schedule).

(2)An order under sub-paragraph (1) may be made only on the application of the person who applied for the injunction.

(3)A person making an application for an order under sub-paragraph (1) must before doing so—

(a)consult any youth offending team specified under section 3(1) or, if a youth offending team is not specified under that subsection,                        the local youth offending team within the meaning of section 14;

(b)inform any other body or individual the applicant thinks appropriate.

(4)In considering whether and how to exercise its powers under this paragraph, the court must consider any representations made                        by the youth offending team referred to in sub-paragraph (3)(a).

(5)A detention order may not be made under sub-paragraph (1) in respect of a person aged under 14.

(6)The court may not make a detention order under sub-paragraph (1) unless it is satisfied that, in view of the severity or extent                        of the breach, no other power available to the court is appropriate.

### **PART 2**E+WSupervision orders

#### Supervision ordersE+W

2(1)A supervision order is an order imposing on the person in respect of whom it is made (“the defaulter”) one or more of the following requirements—E+W

(a)a supervision requirement (see paragraph 3);

(b)an activity requirement (see paragraph 4);

(c)a curfew requirement (see paragraph 5).

(2)Before making a supervision order the court must obtain and consider information about the defaulter's family circumstances                        and the likely effect of a supervision order on those circumstances.

(3)Before making a supervision order imposing two or more requirements, the court must consider their compatibility with each                        other.

(4)The court must ensure, as far as practicable, that requirements imposed by a supervision order are such as to avoid—

(a)any interference with the times, if any, at which the defaulter normally works or attends school or any other educational                        establishment;

(b)any conflict with the requirements of any other court order or injunction to which the defaulter may be subject.

(5)A supervision order must for the purposes of this Schedule specify a maximum period for the operation of any requirement contained                        in the order.

(6)The period specified under sub-paragraph (5) may not exceed 6 months (not counting the day on which the order is made).

(7)A supervision order must for the purposes of this Schedule specify—

(a)the youth offending team in whose area it appears to the court that the respondent will live during the period specified under                        sub-paragraph (5), or

(b)if it appears to the court that the defaulter will live in more than one such area, whichever of the relevant youth offending                        teams the court decides.

#### Supervision requirementsE+W

3(1)In this Schedule “supervision requirement”, in relation to a supervision order, means a requirement that the defaulter attend appointments with—E+W

(a)the responsible officer (see paragraph 7), or

(b)another person decided by the responsible officer,

at whatever times and places the responsible officer instructs.

(2)The appointments must be within the period for the time being specified in the order under paragraph 2(5).

#### Activity requirementsE+W

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

#### Curfew requirementsE+W

5(1)In this Schedule “curfew requirement”, in relation to a supervision order, means a requirement that the defaulter remain at a place specified in the order for                        the periods specified in it.E+W

(2)A supervision order imposing a curfew requirement may specify different places or different periods for different days.

(3)The periods specified under sub-paragraph (1)—

(a)must be within the period for the time being specified in the order under paragraph 2(5);

(b)may not amount to less than 2 or more than 8 hours in any day.

(4)Before specifying a place under sub-paragraph (1), the court making the order must obtain and consider information about the                        place proposed to be specified (including information as to the attitude of persons likely to be affected by the enforced                        presence there of the defaulter).

(5)Where a supervision order contains a curfew requirement, the court may, on the application of the original applicant or the                        defaulter, amend the order by—

(a)substituting new periods for the periods specified in the order under this paragraph (subject to sub-paragraph (3));

(b)substituting a new place for the place specified in the order under this paragraph (subject to sub-paragraph (4)).

#### Electronic monitoring requirementsE+W

6(1)A supervision order containing a curfew requirement may also contain a requirement (an “electronic monitoring requirement”)                        for securing the electronic monitoring of compliance with the curfew requirement during a period—E+W

(a)specified in the order, or

(b)determined by the responsible officer in accordance with the order.

(2)In the case referred to in sub-paragraph (1)(b), the responsible officer must, before the beginning of the period when the                        electronic monitoring requirement is to take effect, notify—

(a)the defaulter,

(b)the person responsible for the monitoring, and

(c)any person within sub-paragraph (3)(b),

of the time when that period is to begin.

(3)Where—

(a)it is proposed to include an electronic monitoring requirement in a supervision order, but

(b)there is a person (other than the defaulter) without whose co-operation it will not be practicable to secure that the monitoring                        takes place,

the requirement may not be included in the order without that person's consent.

(4)A supervision order imposing an electronic monitoring requirement must include provision for making a person responsible for                        the monitoring.

(5)An electronic monitoring requirement may not be included in a supervision order unless the court making the order—

(a)has been notified by the youth offending team for the time being specified in the order that arrangements for electronic monitoring                        are available in the area that includes the place the court proposes to specify in the order for the purposes of the curfew                        requirement, and

(b)is satisfied that the necessary provision can be made under the arrangements currently available.

(6)Where a supervision order contains an electronic monitoring requirement, the court may, on the application of the original                        applicant or the defaulter, amend the order by substituting a new period for the period specified in the order under this                        paragraph.

(7)Sub-paragraph (3) applies in relation to the variation of an electronic monitoring requirement under sub-paragraph (6) as                        it applies in relation to the inclusion of a requirement.

####  “Responsible officer” E+W

7(1)For the purposes of this Part of this Schedule, the “responsible officer”, in relation to a supervision order, means—E+W

(a)in a case where the order imposes a curfew requirement and an electronic monitoring requirement, but does not impose an activity                        or supervision requirement, the person who under paragraph 6(4) is responsible for the electronic monitoring;

(b)in any other case, the member of the youth offending team for the time being specified in the order who is for the time being                        responsible for discharging the functions conferred by this Schedule on the responsible officer.

(2)Where a supervision order has been made, it is the duty of the responsible officer—

(a)to make any arrangements that are necessary in connection with the requirements contained in the order;

(b)to promote the defaulter's compliance with those requirements.

(3)The responsible officer must ensure, so far as practicable, that any instructions given by the officer under a supervision                        order are such as to avoid the things referred to in paragraph 2(4).

(4)A defaulter in respect of whom a supervision order is made must—

(a)keep in touch with the responsible officer, in accordance with any instructions given by the responsible officer from time                        to time;

(b)notify the responsible officer of any change of address.

These obligations have effect as requirements of the order.

#### Amendment of operative periodE+W

8(1)The court may, on the application of the original applicant, amend a supervision order by substituting a new period for the                        one specified in the order for the time being under paragraph 2(5) (subject to paragraph 2(6)).E+W

(2)A court amending a supervision order under sub-paragraph (1) may make whatever other amendments to the order the court considers                        appropriate in relation to a requirement imposed by the order.

#### Amendment on change of area of residenceE+W

9(1)This paragraph applies where, on an application made in relation to a supervision order by the original applicant or the defaulter,                        the court is satisfied that the defaulter proposes to live, or is living, in the area of a youth offending team other than                        the team for the time being specified in the order.E+W

(2)If the application is made by the defaulter, the court may amend the order by substituting for the youth offending team specified                        in the order the youth offending team for the area referred to in sub-paragraph (1) (or, if there is more than one youth offending                        team for that area, whichever of them the court decides).

(3)If the application is made by the original applicant, the court must amend the order in the way mentioned in sub-paragraph                        (2) (subject to sub-paragraph (5)).

(4)Where a court amends the supervision order under sub-paragraph (2) or (3) but the order contains a requirement that, in the                        opinion of the court, cannot reasonably be complied with if the defaulter lives in the area referred to in sub-paragraph (1),                        the court must also amend the order by—

(a)removing that requirement, or

(b)substituting for that requirement a new requirement that can reasonably be complied with if the defaulter lives in that area.

(5)Sub-paragraph (3) does not require a court to amend the supervision order if in its opinion sub-paragraph (4) would produce                        an inappropriate result.

(6)The original applicant must consult the youth offending team for the time being specified in the order before making an application                        under sub-paragraph (1).

#### Revocation of supervision orderE+W

10(1)The original applicant or the defaulter may apply to a youth court—E+W

(a)to revoke a supervision order;

(b)to amend a supervision order by removing a requirement from it.

(2)If it appears to the court to be in the interests of justice to do so, having regard to circumstances that have arisen since                        the supervision order was made, the court may grant an application under sub-paragraph (1) and revoke or amend the order accordingly.

(3)The circumstances referred to in sub-paragraph (2) include the conduct of the defaulter.

(4)If an application under this paragraph is dismissed, the party by which the dismissed application was made may make no further                        application under this paragraph without—

(a)the consent of the court, or

(b)the agreement of the other party.

(5)The original applicant must consult the youth offending team for the time being specified in the supervision order before                        making an application under sub-paragraph (1).

#### Compliance with supervision orderE+W

11E+WIf the responsible officer considers that the defaulter has complied with all the requirements of the supervision order, the                        officer must inform the original applicant.

#### Non-compliance with supervision orderE+W

12(1)If the responsible officer considers that the defaulter has failed to comply with a requirement of the supervision order,                        the officer must inform the original applicant.E+W

(2)On being informed under sub-paragraph (1) the original applicant may apply to a youth court.

(3)Before making an application under sub-paragraph (2) the original applicant must—

(a)consult the youth offending team for the time being specified in the order;

(b)inform any other body or individual the original applicant thinks appropriate.

(4)If on an application under sub-paragraph (2) the court is satisfied beyond reasonable doubt that the defaulter has without                        reasonable excuse failed to comply with a requirement of the supervision order, the court may—

(a)revoke the supervision order and make a new one;

(b)revoke the order and make a detention order (see Part 3 of this Schedule).

(5)The powers in sub-paragraph (4)—

(a)may not be exercised after the defaulter reaches the age of 18;

(b)are in addition to any other power of the court in relation to the breach of the supervision order.

(6)The court must consider any representations made by the youth offending team for the time being specified in the order before                        exercising its powers under this paragraph.

#### Copies of supervision order etcE+W

13(1)A court that makes a supervision order must straight away provide a copy of the order to—E+W

(a)the defaulter;

(b)the youth offending team for the time being specified in the order.

(2)Where a supervision order is made, the original applicant must straight away provide a copy of so much of the order as is                        relevant—

(a)in a case where the order includes an activity requirement specifying a place under paragraph 4(1)(a), to the person in charge                        of that place;

(b)in a case where the order includes an activity requirement specifying an activity under paragraph 4(1)(b), to the person in                        charge of that activity;

(c)in a case where the order includes an activity requirement specifying a residential exercise under paragraph 4(1)(c), to the                        person in charge of the place or activity specified under paragraph 4(5) in relation to that residential exercise;

(d)in a case where the order contains an electronic monitoring requirement, to—

(i)any person who by virtue of paragraph 6(4) will be responsible for the electronic monitoring, and

(ii)any person without whose consent that requirement could not have been included in the order.

(3)A court that revokes or amends a supervision order must straight away provide a copy of the revoking order, or of the order                        as amended, to—

(a)the defaulter;

(b)the youth offending team for the time being specified in the order.

(4)Where—

(a)a copy of a supervision order (or part of a supervision order) has been given to a person under sub-paragraph (2) by virtue                        of a requirement contained in the order, and

(b)the order is revoked, or amended in respect of that requirement,

the original applicant must straight away give a copy of the revoking order, or of so much of the order as amended as is relevant,                     to that person.                  

### **PART 3**E+WDetention orders

#### Detention ordersE+W

14(1)A detention order is an order that the person in respect of whom it is made (“the defaulter”) be detained for a period specified in the order in whatever youth detention accommodation the Secretary of State decides.E+W

(2)The period specified under sub-paragraph (1) may not exceed the period of 3 months (not counting the day on which the order                        is made).

(3)In sub-paragraph (1) “youth detention accommodation” means—

(a)a secure training centre;

(b)a young offender institution;

(c)secure accommodation, as defined by section 23(12) of the Children and Young Persons Act 1969.

(4)The function of the Secretary of State under sub-paragraph (1) is exercisable concurrently with the Youth Justice Board.

(5)A person detained under a detention order is in legal custody.

#### Revocation of detention orderE+W

15(1)Where a detention order is made, the original applicant or the defaulter may apply to a youth court to revoke it.E+W

(2)If it appears to the court to be in the interests of justice to do so, having regard to circumstances that have arisen since                        the detention order was made, the court may grant an application under sub-paragraph (1) and revoke the order accordingly.

(3)The circumstances referred to in sub-paragraph (2) include the conduct of the defaulter.

(4)If an application under this paragraph is dismissed, the party by which the dismissed application was made may make no further                        application under this paragraph without—

(a)the consent of the court, or

(b)the agreement of the other party.

(5)A person making an application under this paragraph in relation to a detention order made under paragraph 1 must before doing                        so consult any youth offending team specified in the injunction under section 3(1) or, if none is specified, the local youth                        offending team within the meaning of section 14.

(6)A person making an application under this paragraph in relation to a detention order made under paragraph 12(4)(b) must before                        doing so consult the youth offending team for the time being specified in the relevant supervision order.

 Section 94(2)

## SCHEDULE 3E+WSchedule to be inserted as Schedule 2A to the Housing Act 1985

 Section 84A(9)

### “SCHEDULE 2AE+WAbsolute ground for possession for anti-social behaviour: serious offences

#### Violent offencesE+W

1Murder.

2Manslaughter.

3Kidnapping.

4False imprisonment.

5An offence under any of the following sections of the Offences against the Person Act 1861—

(a)section 4 (soliciting murder),                  

(b)section 16 (threats to kill),                  

(c)section 18 (wounding with intent to cause grievous bodily harm),                  

(d)section 20 (malicious wounding),                  

(e)section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence),                  

(f)section 22 (using chloroform etc. to commit or assist in the committing of any indictable offence),                  

(g)section 23 (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm),                  

(h)section 24 (maliciously administering poison etc. with intent to injure, aggrieve or annoy any other person),                  

(i)section 27 (abandoning or exposing children whereby life is endangered or health permanently injured),                  

(j)section 28 (causing bodily injury by explosives),                  

(k)section 29 (using explosives etc. with intent to do grievous bodily harm),                  

(l)section 30 (placing explosives with intent to do bodily injury),                  

(m)section 31 (setting spring guns etc. with intent to do grievous bodily harm),                  

(n)section 38 (assault with intent to resist arrest),                  

(o)section 47 (assault occasioning actual bodily harm).                  

6An offence under any of the following sections of the Explosive Substances Act 1883—

(a)section 2 (causing explosion likely to endanger life or property),                  

(b)section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property),                  

(c)section 4 (making or possession of explosive under suspicious circumstances).                  

7An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).

8An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children).

9An offence under section 1 of the Infanticide Act 1938 (infanticide).

10An offence under any of the following sections of the Public Order Act 1986—

(a)section 1 (riot),                  

(b)section 2 (violent disorder),                  

(c)section 3 (affray).                  

11An offence under either of the following sections of the Protection from Harassment Act 1997—

(a)section 4 (putting people in fear of violence),                  

(b)section 4A (stalking involving fear of violence or serious alarm or distress).                  

12An offence under any of the following provisions of the Crime and Disorder Act 1998—

(a)section 29 (racially or religiously aggravated assaults),                  

(b)section 31(1)(a) or (b) (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986),                  

(c)section 32 (racially or religiously aggravated harassment etc.).                  

13An offence under either of the following sections of the Female Genital Mutilation Act 2003—

(a)section 1 (female genital mutilation),                  

(b)section 2 (assisting a girl to mutilate her own genitalia).                  

14An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child                           or vulnerable adult).

#### Sexual offencesE+W

15An offence under section 33A of the Sexual Offences Act 1956 (keeping a brothel used for prostitution).

16An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).

17An offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a child).

18An indictable offence under Part 1 of the Sexual Offences Act 2003 (sexual offences).

#### Offensive weaponsE+W

19An offence under either of the following sections of the Prevention of Crime Act 1953—

(a)section 1 (prohibition of the carrying of offensive weapons without lawful authority or reasonable excuse),                  

(b)section 1A (threatening with offensive weapon in public).                  

20An offence under any of the following provisions of the Firearms Act 1968—

(a)section 16 (possession of firearm with intent to endanger life),                  

(b)section 16A (possession of firearm with intent to cause fear of violence),                  

(c)section 17(1) (use of firearm to resist arrest),                  

(d)section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to the Act                           of 1968),                  

(e)section 18 (carrying a firearm with criminal intent),                  

(f)section 19 (carrying a firearm in a public place),                  

(g)section 20 (trespassing with firearm),                  

(h)section 21 (possession of firearms by persons previously convicted of crime).                  

21An offence under either of the following sections of the Criminal Justice Act 1988—

(a)section 139 (having article with blade or point in public place),                  

(b)section 139AA (threatening with article with blade or point or offensive weapon).                  

#### Offences against propertyE+W

22An offence under any of the following sections of the Theft Act 1968—

(a)section 8 (robbery or assault with intent to rob),                  

(b)section 9 (burglary),                  

(c)section 10 (aggravated burglary).                  

23An offence under section 1 of the Criminal Damage Act 1971 (destroying or damaging property).

24An offence under section 30 of the Crime and Disorder Act 1998 (racially or religiously aggravated criminal damage).

#### Road traffic offencesE+W

25An offence under section 35 of the Offences against the Person Act 1861 (injuring persons by furious driving).

26An offence under section 12A of the Theft Act 1968 (aggravated vehicle-taking involving an accident which caused the death                           of any person).

27An offence under any of the following sections of the Road Traffic Act 1988—

(a)section 1 (causing death by dangerous driving),                  

(b)section 1A (causing serious injury by dangerous driving),                  

(c)section 3A (causing death by careless driving when under influence of drink or drugs).                  

#### Drug-related offencesE+W

28An offence under any of the following provisions of the Misuse of Drugs Act 1971—

(a)section 4 (restriction of production and supply of controlled drugs),                  

(b)section 5(3) (possession of controlled drugs with intent to supply),                  

(c)section 8(a) or (b) (occupiers etc. of premises to be punishable for permitting unlawful production or supply etc. of controlled                           drugs there).                  

29An offence under section 6 of that Act (restrictions of cultivation of cannabis plant) where the cultivation is for profit                           and the whole or a substantial part of the dwelling-house concerned is used for the cultivation.

#### Inchoate offencesE+W

30(1)An offence of attempting or conspiring the commission of an offence specified or described in this Schedule.                  

(2)An offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting) where the offence (or one of the offences)                           which the person in question intends or believes would be committed is an offence specified or described in this Schedule.                  

(3)An offence of aiding, abetting, counselling or procuring the commission of an offence specified or described in this Schedule.                  

#### Scope of offencesE+W

31Where this Schedule refers to offences which are offences under the law of England and Wales and another country or territory,                           the reference is to be read as limited to the offences so far as they are offences under the law of England and Wales.”

 Section 104

## SCHEDULE 4E+WASB case reviews: supplementary provision

### **PART 1**E+WMaking and revising review procedures etc

#### Consultation: local policing bodiesE+W

1(1)In making and revising the review procedures, the relevant bodies in a local government area must consult the local policing                        body for the relevant police area.E+W

(2)The “relevant police area” is the police area which consists of, or includes, the local government area.

#### Consultation: local providers of social housingE+W

2E+WIn making and revising the review procedures, the relevant bodies in a local government area must consult such local providers                        of social housing as they consider appropriate.

#### Dissatisfaction with ASB case reviewsE+W

3E+WThe review procedures must include provision about what is to happen where an applicant is dissatisfied with the way in which                        the relevant bodies have—

(a)dealt with an application for an ASB case review, or

(b)carried out an ASB case review.

#### Assessment and revision of review proceduresE+W

4E+WThe review procedures must include provision about—

(a)the assessment of the effectiveness of those procedures, and

(b)the revision of those procedures.

### **PART 2**E+WInclusion of local providers of social housing among relevant bodies

#### Co-option arrangementsE+W

5(1)The responsible authorities in a local government area must make arrangements (“co-option arrangements”) for the inclusion                        of local providers of social housing among the relevant bodies in that area.E+W

(2)In this paragraph “responsible authorities” means—

(a)in relation to a local government area in England—

(i)the relevant district council or the unitary authority,

(ii)the chief officer of police for the police area which that local government area is within, and

(iii)each clinical commissioning group established under section 14V of the National Health Service Act 2006 whose area is wholly                        or partly within that local government area;

(b)in relation to a local government area in Wales—

(i)the council for the area,

(ii)the chief officer of police for the police area which that local government area is within, and

(iii)each Local Health Board whose area is wholly or partly within that local government area.

### **PART 3**E+WASB case reviews

#### Consultation and co-operation: local providers of social housingE+W

6(1)The relevant bodies in a local government area must consult such local providers of social housing as they consider appropriate                        in carrying out ASB case reviews.E+W

(2)The local providers of social housing must co-operate with the relevant bodies in the local government area in any matters                        specified by the relevant bodies that concern ASB case reviews.

#### InformationE+W

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

### **PART 4**E+WGeneral

#### Joint review procedures or co-option arrangementsE+W

8(1)The relevant bodies in two or more local government areas—E+W

(a)may jointly make review procedures applicable to those areas;

(b)must secure that such jointly-made review procedures are in place if co-option arrangements applicable to those areas have                        been jointly made under sub-paragraph (2).

(2)The responsible authorities in two or more local government areas—

(a)may jointly make co-option arrangements applicable to those areas;

(b)must secure that such jointly-made co-option arrangements are in place if review procedures applicable to those areas have                        been jointly made under sub-paragraph (1).

(3)In a case where review procedures or co-option arrangements are made jointly in accordance with this paragraph, a reference                        to any of the following in section 104, section 105 or this Schedule is to be read accordingly—

(a)the relevant bodies (in the case of review procedures) or the responsible authorities (in the case of co-option arrangements);

(b)the local government area or the relevant police area (in either case).

#### Different review procedures or co-option arrangements for different parts of an area etcE+W

9(1)Review procedures may make different provision in relation to different parts of a local government area.E+W

(2)Review procedures or co-option arrangements made jointly in accordance with paragraph 8 may make different provision in relation                        to—

(a)different local government areas to which the procedures or arrangements are applicable, or

(b)different parts of such areas.

 Section 113

## SCHEDULE 5U.K.Amendments of Parts 2 and 3 of the Sexual Offences Act 2003

### IntroductionU.K.

1U.K.Part 2 of the Sexual Offences Act 2003 (notification and orders) is amended as set out in paragraphs 2 to 6.

### Sexual harm prevention ordersU.K.

2U.K.After section 103 there is inserted—

#### “Sexual harm prevention orders (England and Wales)U.K.

##### 103ASexual harm prevention orders: applications and grounds

##### 103BSection 103A: supplemental

##### 103CSHPOs: effect

##### 103DSHPOs: prohibitions on foreign travel

##### 103ESHPOs: variations, renewals and discharges

##### 103FInterim SHPOs

##### 103GSHPOs and interim SHPOs: notification requirements

##### 103HSHPOs and interim SHPOs: appeals

##### 103IOffence: breach of SHPO or interim SHPO etc

##### 103JSHPOs and interim SHPOs: guidance

##### 103KSHPOs and interim SHPOs: supplementary

### Sexual offences prevention orders and foreign travel ordersE+W

3(1)Sections 104 to 122 (sexual offences prevention orders and foreign travel orders) are repealed.E+W

(2)This paragraph extends only to England and Wales.

### Sexual risk ordersU.K.

4U.K.Before section 123 there is inserted—

#### “Sexual risk orders (England and Wales)U.K.

##### 122ASexual risk orders: applications, grounds and effect

##### 122BSection 122A: interpretation

##### 122CSexual risk orders: prohibitions on foreign travel

##### 122DSexual risk order: variations, renewals and discharges

##### 122EInterim sexual risk orders

##### 122FSexual risk orders and interim sexual risk orders: notification requirements

##### 122GSexual risk orders and interim sexual risk orders: appeals

##### 122HOffence: breach of sexual risk order or interim sexual risk order etc

##### 122IEffect of conviction etc of an offence under section 122H etc

##### 122JSexual risk orders and interim sexual risk orders: guidance

##### 122KSexual risk orders and interim sexual risk orders: supplementary

### Risk of sexual harm ordersE+W

5(1)Sections 123 to 129 (risk of sexual harm orders) are repealed.E+W

(2)This paragraph extends only to England and Wales.

### Application etc of ordersU.K.

6U.K.After section 136 there is inserted—

#### “136ZAApplication of orders throughout the United Kingdom

#### 136ZBOrder ceases to have effect when new order made

#### 136ZCVariation of sexual harm prevention order by court in Northern Ireland

#### 136ZDVariation of sexual risk order by court in Northern Ireland

### Service courtsU.K.

7(1)Section 137 of the Sexual Offences Act 2003 (service courts) is amended as follows.U.K.

(2)In subsection (2), for “104(1)” there is substituted “ 103A(1) ”.

(3)For subsection (3) there is substituted—

“(3)Where the court making a sexual harm prevention order is a service court—                  

(a)sections 103A(3) to (9), 103F and 103J do not apply;                  

(b)sections 103A(1) and (2), 103B to 103E and 103G to 103I apply—                  

(i)subject to paragraphs (c) and (d), and                  

(ii)as if they extended to the whole of the United Kingdom;                  

(c)in relation to an application under section 103E in respect of a defendant who at the time of the application is a person                           subject to service law or a civilian subject to service discipline—                  

(i)the application may be made only by the defendant or a Provost Martial, and must be made to the Court Martial;                  

(ii)consent under section 103E(7) must be the consent of the defendant and a Provost Martial;                  

(iii)an appeal against the making of an order under section 103E, or the refusal to make such an order, must be made to the Court                           Martial Appeal Court;                  

(d)in relation to an application under section 103E in respect of a defendant who at the time of the application is neither a                           person subject to service law nor a civilian subject to service discipline—                  

(i)the application must be made to the Crown Court in England and Wales;                  

(ii)an appeal against the making of an order under section 103E, or the refusal to make such an order, must be made to the Court                           of Appeal in England and Wales.”                  

(4)In subsection (4)—

(a)for “section “service court” means” there is substituted “section— 

“civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006 (see section 370 of that Act);                  

“service court” means”;                  

(b)at the end there is inserted—

“ “subject to service law” has the same meaning as in the Armed Forces Act 2006 (see section 374 of that Act).”                     

(5)After subsection (5) there is inserted—

“(6)Paragraphs (c)(i) and (d)(i) of subsection (3) have effect, in relation to a sexual harm prevention order made by the Court                           Martial Appeal Court, as if the reference to a service court in that subsection included a reference to that court.”                  

 Section 115

## SCHEDULE 6E+W+N.I.Amendments of Part 2A of the Sexual Offences Act 2003

1E+W+N.I.Part 2A of the Sexual Offences Act 2003 (closure orders) is amended as follows.

2(1)Section 136A (meaning of specified prostitution offence etc) is amended as follows.E+W+N.I.

(2)In subsection (2)—

(a)in paragraph (a) the words “section 47 of this Act or” are omitted;

(b)in paragraph (b) the words “section 48 of this Act, or” are omitted;

(c)in paragraph (c) the words “section 49 of this Act, or” are omitted;

(d)in paragraph (d) the words “section 50 of this Act, or” are omitted.

(3)In subsection (3)—

(a)in paragraph (a) the words “section 48 of this Act, or” are omitted;

(b)in paragraph (b) the words “section 49 of this Act, or” are omitted;

(c)in paragraph (c) the words “section 50 of this Act, or” are omitted.

(4)After that subsection there is inserted—

“(3A)The specified child sex offences are—                  

(a)an offence under any of the following sections of this Act—                  
          -  sections 5 to 13;                         
          -  sections 16 to 19;                         
          -  sections 25 and 26;                         
          -  sections 47 to 50;                         

(b)an offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children);                  

(c)an offence under any of the following sections of this Act committed against a person under 18—                  
          -  sections 1 to 4;                         
          -  sections 30 to 41;                         
          -  section 59A;                         
          -  section 61;                         
          -  sections 66 and 67.”                         

(5)In subsection (4)(a)—

(a)the words “section 47 of this Act or” are omitted;

(b)the words “subsection (1)(a) of that section or, as the case may be,” are omitted.

(6)After subsection (5) there is inserted—

“(5A)Premises are being used for activities related to a specified child sex offence at any time when the premises are used—                  

(a)to commit the offence, or                  

(b)for activities intended to arrange or facilitate the commission of the offence.”                  

3E+W+N.I.In section 136B (power to authorise issue of closure notice), in the heading, for “**notice**” there is substituted “ **notice: prostitution or pornography offences** ”.

4E+W+N.I.After that section there is inserted—

### “136BAPower to authorise issue of closure notice: child sex offences in England and Wales

5(1)Section 136C (contents and service of closure notice) is amended as follows.E+W+N.I.

(2)In subsection (1)(c), after “section 136B” there is inserted “ or 136BA ”.

(3)In subsection (3)(d), after “section 136B(7)(b)” there is inserted “ or 136BA(6)(b) ”.

6(1)Section 136D (power to make a closure order) is amended as follows.E+W+N.I.

(2)In subsection (5), for “either subsection (6) or subsection (7) (or both)” there is substituted “ at least one of subsections (6), (7) and (7A) ”.

(3)After subsection (7) there is inserted—

“(7A)This subsection applies if—                  

(a)during the relevant period, the premises were used for activities related to one or more specified child sex offences, or                  

(b)the premises are likely to be used (unless a closure order is made) for activities related to one or more specified child                           sex offences.”                  

(4)In subsection (8), for “subsections (6) and (7)” there is substituted “ subsections (6), (7) and (7A)(a) ”.

(5)In subsection (9), for “prostitution or pornography offences” there is substituted “ prostitution, pornography or child sex offences ”.

(6)In subsection (10)(a), after “section 136B(7)(b)” there is inserted “ or 136BA(6)(b) ”.

(7)In subsection (12), for “prostitution or pornography offences” there is substituted “ prostitution, pornography or child sex offences ”.

7E+W+N.I.In section 136H (applications for extension of closure order), in subsection (4), for “prostitution or pornography offences”                        there is substituted “ prostitution, pornography or child sex offences ”.

8E+W+N.I.In section 136I (orders extending closure orders), in subsection (2), for “prostitution or pornography offences” there is                        substituted “ prostitution, pornography or child sex offences ”.

9E+W+N.I.In section 136J (discharge of closure order), in subsection (3), for “prostitution or pornography offences” there is substituted                        “ prostitution, pornography or child sex offences ”.

10E+W+N.I.In section 136O (compensation), in subsection (5)(a), after “section 136B” there is inserted “ or 136BA ”.

11(1)Section 136R (interpretation) is amended as follows.E+W+N.I.

(2)In subsection (2), after “section 136B” there is inserted “ or 136BA ”.

(3)After subsection (14) there is inserted—

“(15)In the application of this Part to England and Wales, references to specified pornography offences are to be ignored.                  

(16)“Specified child sex offence” means an offence listed in section 136A(3A).                  

(17)In the application of this Part to Northern Ireland, references to specified child sex offences and to section 136BA are to                           be ignored.”                  

 Section 132

## SCHEDULE 7E+W+N.I.Schedule to be inserted as Schedule 4B to the Police Act 1996

 Section 64A

### “SCHEDULE 4BE+W+N.I.The Police Remuneration Review Body

#### InterpretationE+W+N.I.

1In this Schedule “review body” means the Police Remuneration Review Body.

#### Members of the review bodyE+W+N.I.

2The Secretary of State shall determine how many members the review body should have and what kinds of experience the members                           should possess.

3Members shall hold and vacate office in accordance with the terms of their appointment.

4Members shall adhere to any statement of principles issued by the Secretary of State as to their conduct as members.

#### Resignation of membersE+W+N.I.

5(1)The chair of the review body may resign by giving written notice to the Prime Minister.                  

(2)Resignation may be either—                  

(a)as chair, or                  

(b)as both chair and member.                  

6(1)The deputy chair of the review body may resign by giving written notice to the Secretary of State.                  

(2)Resignation may be either—                  

(a)as deputy chair, or                  

(b)as both deputy chair and member.                  

7A member other than the chair or deputy chair may resign by giving written notice to the Secretary of State.

#### Dismissal of membersE+W+N.I.

8(1)The Prime Minister may by written notice dismiss the chair on the ground that—                  

(a)the chair has been adjudged bankrupt, has been made the subject of a debt relief order (under Part 7A of the Insolvency Act                           1986) or has made an arrangement with creditors;                  

(b)in the opinion of the Prime Minister the chair is unable, unfit or unwilling to perform—                  

(i)the functions of chair, or                  

(ii)the functions of a member.                  

(2)Dismissal may be either—                  

(a)as chair, or                  

(b)as both chair and member (but only if sub-paragraph (1)(a) or (b)(ii) applies).                  

9(1)The Secretary of State may by written notice dismiss the deputy chair on the ground that—                  

(a)the deputy chair has been adjudged bankrupt, has been made the subject of a debt relief order (under Part 7A of the Insolvency                           Act 1986) or has made an arrangement with creditors;                  

(b)in the opinion of the Secretary of State the deputy chair is unable, unfit or unwilling to perform—                  

(i)the functions of deputy chair, or                  

(ii)the functions of a member.                  

(2)Dismissal may be either—                  

(a)as deputy chair, or                  

(b)as both deputy chair and member (but only if sub-paragraph (1)(a) or (b)(ii) applies).                  

10The Secretary of State may by written notice dismiss a member other than the chair or deputy chair on the ground that—

(a)the member has been adjudged bankrupt, has been made the subject of a debt relief order (under Part 7A of the Insolvency Act                           1986) or has made an arrangement with creditors, or                  

(b)in the opinion of the Secretary of State the member is unable, unfit or unwilling to perform the functions of a member.                  

#### ProcedureE+W+N.I.

11(1)Subject to sub-paragraph (2), the review body shall determine its own procedure.                  

(2)The Secretary of State may give directions to the review body as to its procedure, including in particular directions about—                  

(a)the persons from whom the review body is to obtain evidence;                  

(b)the procedure for obtaining evidence.                  

(3)The validity of proceedings of the review body is not affected by—                  

(a)a vacancy in its membership (including a vacancy in the position of chair);                  

(b)a defect in a person's appointment.                  

#### Matters to be consideredE+W+N.I.

12The Secretary of State may give directions to the review body about the matters that it is to consider when making decisions.

#### ConsultationE+W+N.I.

13(1)The Secretary of State shall consult with the persons and bodies listed in sub-paragraph (2), and any others that the Secretary                           of State thinks fit, before—                  

(a)making or revising a determination under paragraph 2;                  

(b)issuing or revising a statement of principles under paragraph 4;                  

(c)giving or revising a direction under paragraph 11(2) or 12.                  

(2)The persons and bodies are—                  

(a)the Department of Justice in Northern Ireland;                  

(b)persons whom the Secretary of State considers to represent the views of chief officers of police and of the Chief Constable                           of the Police Service of Northern Ireland;                  

(c)persons whom the Secretary of State considers to represent the interests of members of police forces;                  

(d)persons whom the Secretary of State considers to represent the interests of members of the Police Service of Northern Ireland;                  

(e)persons whom the Secretary of State considers to represent the views of the persons and bodies who between them maintain the                           police forces in England and Wales;                  

(f)the Northern Ireland Policing Board.                  

(3)The Minister shall consult with the Department of Justice in Northern Ireland before exercising a power of dismissal under                           paragraph 8, 9 or 10.                  

#### PublicationE+W+N.I.

14The Secretary of State shall arrange for the publication of—

(a)a statement of any determination made under paragraph 2 (and of any revised determination);                  

(b)any statement of principles issued under paragraph 4 (and any revised statement);                  

(c)any direction given under paragraph 11(2) or 12 (and any revised direction).                  

#### MoneyE+W+N.I.

15The Secretary of State or the Department of Justice in Northern Ireland—

(a)may defray expenses incurred by the review body;                  

(b)may pay remuneration and allowances to members;                  

(c)may make payments to or in respect of a member by way of or in connection with—                  

(i)a pension;                  

(ii)an allowance or gratuity on retirement or death;                  

(d)may pay compensation to a person who ceases to be a member if it seems to the Secretary of State or the Department to be right                           to do so by reason of special circumstances.”                  

 Section 147

## SCHEDULE 8U.K.Powers to seize invalid passports etc

### InterpretationU.K.

1(1)In this Schedule “examining officer” means—U.K.

(a)a constable,

(b)a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971, or

(c)a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009.

(2)In this Schedule “travel document” means anything that is, or appears to be, a passport or other document which—

(a)has been issued by or for Her Majesty's Government, or the government of another state, and

(b)enables or facilitates travel from one state to another.

(3)For the purposes of this Schedule a travel document is “invalid” if—

(a)it has been cancelled,

(b)it has expired,

(c)it was not issued by the government or authority by which it purports to have been issued, or

(d)it has undergone an unauthorised alteration.

(4)In this Schedule “port” means—

(a)an airport,

(b)a sea port,

(c)a hoverport,

(d)a heliport,

(e)a railway station where passenger trains depart for, or arrive from, places outside the United Kingdom, or

(f)any other place at which a person is able, or attempting, to get on or off any craft, vessel or vehicle in connection with                        entering or leaving Great Britain or Northern Ireland.

### Powers of search and seizure etc: portsU.K.

2(1)An examining officer may exercise any of the powers under this paragraph in the case of a person at a port whom the officer                        believes to be there in connection with—U.K.

(a)entering or leaving Great Britain or Northern Ireland, or

(b)travelling by air within Great Britain or within Northern Ireland.

(2)The powers are—

(a)to require the person to hand over all travel documents in his or her possession for inspection by the examining officer;

(b)to search for travel documents and to take possession of any that the officer finds;

(c)to inspect any travel document taken from the person and to retain it while its validity is checked;

(d)(subject to paragraph 4) to retain any travel document taken from the person that the examining officer believes to be invalid.

(3)The power under sub-paragraph (2)(b) is a power to search—

(a)the person;

(b)anything that the person has with him or her;

(c)any vehicle in which the examining officer believes the person to have been travelling or to be about to travel.

(4)An examining officer—

(a)may stop a person or vehicle for the purposes of exercising a power under this paragraph;

(b)may if necessary use reasonable force for the purpose of exercising a power under this paragraph;

(c)may authorise a person to carry out on the officer's behalf a search under this paragraph.

### Powers of search and seizure etc: constablesU.K.

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

### Retention or return of documents seizedU.K.

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

### OffencesU.K.

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

6U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 Section 148

## SCHEDULE 9U.K.Port and border controls

### Examining officersU.K.

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

### Time limits on examination without detention and on detentionU.K.

2(1)Schedule 7 to the Terrorism Act 2000 is amended as follows.U.K.

(2)Paragraph 6(4) is repealed.

(3)After paragraph 6 there is inserted—

“6A(1)This paragraph applies where a person is questioned under paragraph 2 or 3.                  

(2)After the end of the 1 hour period, the person may not be questioned under either of those paragraphs unless the person is                           detained under paragraph 6.                  

(3)If the person is detained under paragraph 6 the person must be released not later than the end of the 6 hour period (unless                           detained under another power).                  

(4)In this paragraph—                  
          -  “the 1 hour period” is the period of 1 hour beginning with the time the person is first questioned under paragraph 2 or 3;                         
          -  “the 6 hour period” is the period of 6 hours beginning with that time.”                         

### Powers to search personsU.K.

3U.K.In paragraph 8 of Schedule 7 to the Terrorism Act 2000, after sub-paragraph (3) there is inserted—

“(4)An intimate search of a person may not be carried out under this paragraph.                  

(5)A strip search of a person may not be carried out under this paragraph unless—                  

(a)the person is detained under paragraph 6,                  

(b)the examining officer has reasonable grounds to suspect that the person is concealing something which may be evidence that                           the person falls within section 40(1)(b), and                  

(c)the search is authorised by a senior officer who has not been directly involved in questioning the person.                  

(6)“Senior officer” means—                  

(a)where the examining officer is a constable, a constable of a higher rank than the examining officer,                  

(b)where the examining officer is an immigration officer, an immigration officer of a higher grade than the examining officer,                           and                  

(c)where the examining officer is a customs officer, a customs officer of a higher grade than the examining officer.                  

(7)In this paragraph—                  
          -  “intimate search” means a search which consists of a physical examination of a person's body orifices other than the mouth;                         
          -  “strip search” means a search which is not an intimate search but involves the removal of an article of clothing which—                          (a)
is being worn wholly or partly on the trunk, and                                 
(b)
is being so worn either next to the skin or next to an article of underwear.”                                 
 

### Power to make and retain copiesU.K.

4U.K.In Schedule 7 to the Terrorism Act 2000, after paragraph 11 there is inserted—

#### “Power to make and retain copiesU.K.

11A(1)This paragraph applies where the examining officer is a constable.                  

(2)The examining officer may copy anything which—                  

(a)is given to the examining officer in accordance with paragraph 5,                  

(b)is searched or found on a search under paragraph 8, or                  

(c)is examined under paragraph 9.                  

(3)The copy may be retained—                  

(a)for so long as is necessary for the purpose of determining whether a person falls within section 40(1)(b),                  

(b)while the examining officer believes that it may be needed for use as evidence in criminal proceedings, or                  

(c)while the examining officer believes that it may be needed in connection with a decision by the Secretary of State whether                           to make a deportation order under the Immigration Act 1971.”                  

### Right of person detained under Schedule 7 to have someone informed and to consult a solicitorU.K.

5(1)Schedule 8 to the Terrorism Act 2000 is amended as follows.U.K.

(2)In paragraph 1(5) (definition of examining officer) for “paragraph” there is substituted “ Schedule ”.

(3)In paragraph 2(2)(d), the words “(within the meaning of that Schedule)” are omitted.

(4)In paragraph 6, for “police station”, in each place, there is substituted “ place ”.

(5)In paragraph 7(1) the words “at a police station” are omitted.

(6)After paragraph 7 there is inserted—

“7A(1)This paragraph applies where a person detained under Schedule 7 requests to consult a solicitor.                  

(2)The examining officer may not question the detained person under paragraph 2 or 3 of Schedule 7 until the person has consulted                           a solicitor (or no longer wishes to do so).                  

(3)Sub-paragraph (2) does not apply if the examining officer reasonably believes that postponing the questioning until then would                           be likely to prejudice determination of the relevant matters.                  

(4)The powers given by paragraph 8 of Schedule 7 (search powers where a person is questioned under paragraph 2 of Schedule 7)                           may be used when questioning is postponed because of sub-paragraph (2).                  

(5)The detained person is entitled to consult a solicitor in person.                  

(6)Sub-paragraph (5) does not apply if the examining officer reasonably believes that the time it would take to consult a solicitor                           in person would be likely to prejudice determination of the relevant matters.                  

(7)In that case the examining officer may require any consultation to take place in another way.                  

(8)In this paragraph “the relevant matters” means the matters the examining officer seeks to determine under paragraph 2 or 3 of Schedule 7.”                  

(7)In paragraph 8(1), for “an officer” there is substituted “ a police officer ”.

(8)In paragraph 9(2)(a) and (b)—

(a)the words “at a police station” are omitted;

(b)for “an officer” there is substituted “ a police officer ”.

(9)In paragraph 16—

(a)in sub-paragraphs (1) and (3), in each place, for “police station” there is substituted “ place ”;

(b)in sub-paragraph (6), after “detained” there is inserted “ as mentioned in sub-paragraph (1) ”.

(10)After paragraph 16 there is inserted—

“16A(1)This paragraph applies where a person detained under Schedule 7 requests to consult a solicitor.                  

(2)The examining officer may not question the detained person under paragraph 2 or 3 of Schedule 7 until the person has consulted                           a solicitor (or no longer wishes to do so).                  

(3)Sub-paragraph (2) does not apply if the examining officer reasonably believes that postponing the questioning until then would                           be likely to prejudice determination of the relevant matters.                  

(4)The powers given by paragraph 8 of Schedule 7 (search powers where a person is questioned under paragraph 2 of Schedule 7)                           may be used when questioning is postponed because of sub-paragraph (2).                  

(5)The detained person is entitled to consult a solicitor in person.                  

(6)Sub-paragraph (5) does not apply if the examining officer reasonably believes that the time it would take to consult a solicitor                           in person would be likely to prejudice determination of the relevant matters.                  

(7)In that case the examining officer may require any consultation to take place in another way.                  

(8)In this paragraph “the relevant matters” means the matters the examining officer seeks to determine under paragraph 2 or 3 of Schedule 7.”                  

(11)In paragraph 17(1)—

(a)for “An officer” there is substituted “ A police officer ”;

(b)after “uniformed” there is inserted “ police ”.

(12)In paragraph 18—

(a)in sub-paragraph (1), for “and” there is substituted “ to ”;

(b)in sub-paragraph (2), for “police station” there is substituted “ place ”;

(c)after sub-paragraph (2) there is inserted—

“(3)In relation to a person detained under Schedule 7 at a place other than a police station—                  

(a)sub-paragraph (2), and                  

(b)section 15(4) of the Criminal Procedure (Scotland) Act 1995 as applied by that sub-paragraph,                  

apply as if references to a constable included an examining officer.”                  

### BiometricsU.K.

6(1)Paragraph 10 of Schedule 8 to the Terrorism Act 2000 is amended as follows.U.K.

(2)In sub-paragraph (5), for “the detained person only” there is substituted “ a person detained under section 41, but only ”.

(3)In sub-paragraph (6)(b), after “in any case” there is inserted “ in which an authorisation under that sub-paragraph may be given ”.

### Review of detention under Schedule 7U.K.

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

### Codes of practiceU.K.

8(1)Schedule 14 to the Terrorism Act 2000 (exercise of powers—codes of practice etc) is amended as follows.U.K.

(2)In paragraph 1, after “ “officer” means” there is inserted “ (subject to paragraph 6A) ”.

(3)After paragraph 6 there is inserted—

“6AIn paragraphs 5 and 6, “officer” includes a constable, immigration officer or customs officer who—

(a)has functions under Schedule 7, or                  

(b)has functions under Schedule 8 in relation to a person detained under Schedule 7,                  

otherwise than as an examining officer.”                  

 Section 152

## SCHEDULE 10E+WPowers of community support officers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 Section 181

## SCHEDULE 11U.K.Minor and consequential amendments

### **PART 1**U.K.Amendments relating to Parts 1 to 6

#### Magistrates' Courts Act 1980 (c. 43)U.K.

1U.K.In section 143(2) of the Magistrates' Courts Act 1980 (provisions in which sums may be altered) paragraph (da) is omitted.

#### Housing Act 1980 (c. 51)U.K.

2U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Highways Act 1980 (c. 66)U.K.

3U.K.Sections 129A to 129G of the Highways Act 1980 (restriction of rights over highway) are repealed.

#### Police and Criminal Evidence Act 1984 (c. 60)U.K.

4U.K.In section 64A of the Police and Criminal Evidence Act 1984 (photographing of suspects etc), for paragraph (ca) of subsection                        (1B) there is substituted—

“(ca)given a direction by a constable under section 35 of the Anti-social Behaviour, Crime and Policing Act 2014;”.                  

#### Prosecution of Offences Act 1985 (c. 23)U.K.

5(1)In section 3 of the Prosecution of Offences Act 1985 (functions of DPP), subsection (2) is amended as follows.U.K.

(2)In paragraph (fa), for the words from “section 1C” to “proceedings)” there is substituted “ section 22 of the Anti-social Behaviour, Crime and Policing Act 2014 (criminal behaviour orders made on conviction) ”.

(3)In paragraph (fb)—

(a)for “section 1CA(3) of the Crime and Disorder Act 1998” there is substituted “ section 27 of the Anti-social Behaviour, Crime and Policing Act 2014 ”;

(b)for “section 1C” there is substituted “ section 22 ”.

(4)In paragraph (fc)—

(a)for “section 1CA” there is substituted “ section 27 ”;

(b)for “section 1C” there is substituted “ section 22 ”.

(5)Paragraphs (fd) and (fe) are omitted.

#### Housing Act 1985 (c. 68)U.K.

6(1)Section 82A of the Housing Act 1985 (demotion because of anti-social behaviour) is amended as follows.U.K.

(2)In subsection (4)(a), for sub-paragraphs (i) and (ii) there is substituted—

“(i)conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and                           that directly or indirectly relates to or affects the landlord's housing management functions, or                  

(ii)conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose,                           and”.                  

(3)For subsection (7A) there is substituted—

“(7A)In subsection (4)(a)(ii) “housing accommodation” includes—                  

(a)flats, lodging-houses and hostels;                  

(b)any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it;                  

(c)any common areas used in connection with the accommodation.”                  

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

10U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .****

11(1)Section 121A of that Act (order suspending right to buy because of anti-social behaviour) is amended as follows.U.K.

(2)In subsection (3)(a), for sub-paragraphs (i) and (ii) there is substituted—

“(i)conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and                           that directly or indirectly relates to or affects the landlord's housing management functions, or                  

(ii)conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose,                           and”.                  

(3)In subsection (7)(a), for sub-paragraphs (i) and (ii) there is substituted—

“(i)conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and                           that directly or indirectly relates to or affects the landlord's housing management functions, or                  

(ii)conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose,                           and”.                  

(4)For subsection (10) there is substituted—

“(10)In this section “housing accommodation” includes—                  

(a)flats, lodging-houses and hostels;                  

(b)any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it;                  

(c)any common areas used in connection with the accommodation.”                  

12(1)In Schedule 1 to that Act (tenancies which are not secure tenancies), paragraph 4ZA (family intervention tenancies) is amended                        as follows.U.K.

(2)In sub-paragraph (3)(a)—

(a)in the opening words, for “possession order under section 84” there is substituted “ relevant possession order ”;

(b)in sub-paragraph (i) the words “, on ground 2 or 2A of Part 1 of Schedule 2” are omitted.

(3)In sub-paragraph (12), after the definition of “the new tenant” there is inserted—

““relevant possession order” means—                  

(a)a possession order under section 84 that is made on ground 2, 2ZA or 2A of Part 1 of Schedule 2, or                  

(b)a possession order under section 84A;”.                  

13U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

16U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Housing Act 1988 (c. 50)U.K.

17(1)Section 6A of the Housing Act 1988 (demotion because of anti-social behaviour) is amended as follows.U.K.

(2)In subsection (4), for paragraph (a) there is substituted—

“(a)that the tenant or a person residing in or visiting the dwelling-house has engaged or has threatened to engage in—                  

(i)conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and                           that directly or indirectly relates to or affects the landlord's housing management functions, or                  

(ii)conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose,                           and”.                  

(3)After subsection (10) there is inserted—

“(10A)In subsection (4)(a)(ii) “housing accommodation” includes—                  

(a)flats, lodging-houses and hostels;                  

(b)any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it;                  

(c)any common areas used in connection with the accommodation.”                  

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

19U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .****

20U.K.In Schedule 1 to that Act (tenancies which cannot be assured tenancies), in paragraph 12ZA (family intervention tenancies),                        in sub-paragraph (3)(a)(i), for “ground 14” there is substituted “ ground 7A of Part 1 of Schedule 2 or ground 14, 14ZA ”.

#### Environmental Protection Act 1990 (c. 43)U.K.

21U.K.In the Environmental Protection Act 1990, sections 92 to 94A (litter abatement notices, litter clearing notices and street                        litter control notices) are repealed.

#### Housing Act 1996 (c. 52)U.K.

22U.K.In the Housing Act 1996, sections 153A to 158 and Schedule 15 (injunctions against housing-related anti-social behaviour)                        are repealed.

23U.K.In section 218A of that Act (anti-social behaviour: landlords' policies and procedures), for subsections (8) and (8A) there                        is substituted—

“(8)Anti-social behaviour is—                  

(a)conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and                           that directly or indirectly relates to or affects the landlord's housing management functions, or                  

(b)conduct that consists of or involves using or threatening to use housing accommodation owned or managed by the landlord for                           an unlawful purpose.”                  

#### Crime and Disorder Act 1998 (c. 37)U.K.

24U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25(1)Section 8 of that Act (parenting orders) is amended as follows.U.K.

(2)In subsection (1)(b), for “an anti-social behaviour order or” there is substituted “ an injunction is granted under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, an order is made under                           section 22 of that Act or a ”.

(3)In subsection (1)(c) the words “, except in a case where section 8A below applies (parenting order on breach of anti-social                        behaviour order)” are omitted.

(4)In subsection (6)(a), for the words after “behaviour which led to” there is substituted “ the order being made or the injunction granted ”.

26(1)Section 9 of that Act (parenting orders: supplemental) is amended as follows.U.K.

(2)In subsection (1) the words “, other than an offence under section 1(10) above in respect of an anti-social behaviour order,”                        are omitted.

(3)In subsection (1B)—

(a)for “an anti-social behaviour order” there is substituted “ an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014 is granted or an order is made under                           section 22 of that Act ”;

(b)after “which” there is inserted “ grants the injunction or ”.

(4)In subsection (2)—

(a)paragraph (d) and the word “or” before it are omitted;

(b)in the text after paragraph (d) the words “(including any report prepared under section 1(1C))” are omitted.

(5)Subsection (2AA) is repealed.

27(1)Section 18 of that Act (interpretation etc) is amended as follows.U.K.

(2)In subsection (1)—

(a)the definitions of “anti-social behaviour order” and “individual support order” are omitted;

(b)paragraph (za) of the definition of “responsible officer” is omitted.

(3)In subsection (4)—

(a)the words “an individual support order or” are omitted;

(b)for “the child, defendant or parent, as the case may be” there is substituted “ the child or, as the case may be, the parent ”.

28U.K.In section 38 of that Act (local provision of youth justice services), in subsection (4)(f) the words “individual support                        orders,” are omitted.

29U.K.In section 114 of that Act (orders and regulations), in subsection (2) “(1A), (1G)” is omitted.

#### Criminal Justice and Police Act 2001 (c. 16)U.K.

30U.K.Sections 12 to 16 of the Criminal Justice and Police Act 2001 (alcohol consumption in designated public places) are repealed.

#### Police Reform Act 2002 (c. 30)U.K.

31(1)Section 50 of the Police Reform Act 2002 (power of constable to require person acting in an anti-social manner to give name                        and address) is amended as follows.U.K.

(2)In subsection (1) the words “(within the meaning of section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour                        orders)” are omitted.

(3)After that subsection there is inserted—

“(1A)In subsection (1) “anti-social behaviour” has the meaning given by section 2 of the Anti-social Behaviour, Crime and Policing Act 2014 (ignoring subsection (2) of                           that section).”                  

32U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33U.K.In Schedule 5 to that Act (powers exercisable by accredited persons), in paragraph 1(2), paragraph (d) and the word “and”                        before it are omitted.

#### Licensing Act 2003 (c. 17)U.K.

34U.K.Sections 161 to 166 of the Licensing Act 2003 (closure orders of identified premises) are repealed.

35(1)Section 167 of that Act (review of premise licence following closure order) is amended as follows.U.K.

(2)In subsection (1)(a), for “a closure order has come into force” there is substituted “a magistrates' court has made a closure                        order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, or the Crown Court has made a closure order                        on appeal under section 84 of that Act,”.

(3)In subsection (1)(b), for the words after “the relevant licensing authority has” there is substituted “ accordingly received a notice under section 80(9) or 84(7) of that Act ”.

(4)In subsection (4)(a), for the words after “notice of” there is substituted “ the review and of the order mentioned in subsection (1)(a) ”.

(5)In subsection (5)(a), for the words after “to consider” there is substituted “ the order mentioned in subsection (1)(a) and any relevant representations; ”.

36U.K.In section 168 of that Act (provisions about decisions under section 167), in subsections (3)(b) and (6)(b), for the words                        after “the premises to which the licence relates” there is substituted “ are closed at the time of the decision by virtue of an closure order made under section 80 or 84 of the Anti-social Behaviour,                           Crime and Policing Act 2014 ”.

37U.K.Section 169 of that Act (enforcement of closure order) is repealed.

38(1)Section 170 of that Act (exemption of police from liability for damages) is amended as follows.U.K.

(2)In subsection (1) the words “of his functions in relation to a closure order or any extension of it or” are omitted.

(3)Paragraph (b) of subsection (2) is omitted.

39(1)Section 171 of that Act (interpretation of Part 8) is amended as follows.U.K.

(2)In subsection (2), for “Relevant premises” there is substituted “ Premises ”.

(3)In subsection (3) the word “relevant” is omitted.

(4)In subsection (5)—

(a)in the definition of “appropriate person” the word “relevant” is omitted;

(b)the definitions of “closure order”, “extension”, “relevant magistrates' court”, “relevant premises”, “responsible senior police                        officer” and “senior police officer” are omitted.

40U.K.In Schedule 3 to that Act (matters to be entered in licensing register), for the words after “any notice given to it under”                        in paragraph (z) there is substituted “ section 80(9) or 84(7) of the Anti-social Behaviour, Crime and Policing Act 2014 (notification by court of closure order)                           ”.

#### Anti-social Behaviour Act 2003 (c. 38)U.K.

41U.K.The following provisions of the Anti-social Behaviour Act 2003 are repealed—

(a)Part 1 (closure of premises where drugs used unlawfully);

(b)Part 1A (closure of premises associated with persistent disorder or nuisance);

(c)Part 4 (dispersal of groups etc);

(d)sections 40 and 41 (closure of noisy premises);

(e)sections 48 to 52 (removal of graffiti and fly-posting) and the cross-heading before section 48.

#### Clean Neighbourhoods and Environment Act 2005 (c. 16)U.K.

42U.K.Sections 55 to 64, 66 and 67 of the Clean Neighbourhoods and Environment Act 2005 are repealed.

#### Government of Wales Act 2006 (c. 32)U.K.

43U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Violent Crime Reduction Act 2006 (c. 38)U.K.

44U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45U.K.Section 27 of that Act (directions to individuals who represent a risk of disorder) is repealed.

#### Crime and Security Act 2010 (c. 17)U.K.

46U.K.Sections 40 and 41 of the Crime and Security Act 2010 (anti-social behaviour orders: report on family circumstances and parenting                        orders on breach) are repealed.

#### Localism Act 2011 (c. 20)U.K.

47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

48U.K.After paragraph 6 of that Schedule there is inserted—

##### “Ground 6AU.K.

6AThis ground is that a dwelling-house let on an existing tenancy is subject to a closure notice or closure order under Chapter                           3 of Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014.”

#### Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)U.K.

49(1)Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (legal aid for civil legal services) is amended                        as follows.U.K.

(2)In paragraph 36 of Part 1 (anti-social behaviour), in sub-paragraph (1), for the words after “in relation to” there is substituted                        “ an application for, or proceedings in respect of, an injunction against the individual under section 1 of the Anti-social                           Behaviour, Crime and Policing Act 2014. ”

(3)In paragraph 7 of Part 3 (certain advocacy services in a magistrates' court excepted from the advocacy exclusion), for “and                        15 to 18” there is substituted “ , 15 to 18 and 36 ”.

#### Repeal of spent provisions etcU.K.

50U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

### **PART 2**U.K.Amendments relating to Part 9

#### Criminal Procedure (Scotland) Act 1995 (c. 46)U.K.

51U.K.In section 19AA of the Criminal Procedure (Scotland) Act 1995 (samples etc from sex offenders), in subsection (1)(c), after                        “an order under section” there is inserted “ 122A or ”.

52U.K.In section 19AB of that Act (supplementary provision in risk of sexual harm order cases), in subsection (7), at the end of                        the definition of “risk of sexual harm order” there is inserted— “ and also includes an order under section 122A of the 2003 Act (sexual risk orders); ”.

#### Police Act 1997 (c. 50)U.K.

53(1)Section 113CA of the Police Act 1997 (suitability information relating to children) is amended as follows.U.K.

(2)After paragraph (f) of subsection (2) there is inserted—

“(fa)if a sexual harm prevention order, made under section 103A of the Sexual Offences Act 2003, is in effect in respect of the                           applicant—                  

(i)the prohibitions described in that order;                  

(ii)the date of that order;                  

(iii)the period for which the prohibitions have effect by virtue of section 103C(2) or 103D(1) of that Act;                  

(iv)details as to whether the order has been varied or renewed under section 103E(5) of that Act;                  

(fb)if an interim sexual harm prevention order, made under section 103F of the Sexual Offences Act 2003, is in effect in respect                           of the applicant—                  

(i)the prohibitions described in that order;                  

(ii)the date of that order;                  

(iii)the period for which that order has effect by virtue of section 103F(4) of that Act;                  

(iv)details as to whether the order has been varied or renewed under section 103F(5) of that Act;”.                  

(3)After paragraph (i) of that subsection there is inserted—

“(ia)if a sexual risk order, made under section 122A of the Sexual Offences Act 2003, is in effect in respect of the applicant—                  

(i)the prohibitions described in that order;                  

(ii)the date of that order;                  

(iii)the period for which the prohibitions have effect by virtue of section 122A(7) or 122C(1) of that Act;                  

(iv)details as to whether the order has been varied or renewed under section 122D(4) of that Act;                  

(ib)if an interim sexual risk order, made under section 122E of the Sexual Offences Act 2003, is in effect in respect of the applicant—                  

(i)the prohibitions described in that order;                  

(ii)the date of that order;                  

(iii)the period for which that order has effect by virtue of section 122E(4) of that Act;                  

(iv)details as to whether the order has been varied or renewed under section 122E(5) of that Act;”.                  

54(1)Section 113CB of that Act (suitability information relating to protected adults) is amended as follows.U.K.

(2)After paragraph (f) of subsection (2) there is inserted—

“(fa)if a sexual harm prevention order, made under section 103A of the Sexual Offences Act 2003, is in effect in respect of the                           applicant—                  

(i)the prohibitions described in that order;                  

(ii)the date of that order;                  

(iii)the period for which the prohibitions have effect by virtue of section 103C(2) or 103D(1) of that Act;                  

(iv)details as to whether the order has been varied or renewed under section 103E(5) of that Act;                  

(fb)if an interim sexual harm prevention order, made under section 103F of the Sexual Offences Act 2003, is in effect in respect                           of the applicant—                  

(i)the prohibitions described in that order;                  

(ii)the date of that order;                  

(iii)the period for which that order has effect by virtue of section 103F(4) of that Act;                  

(iv)details as to whether the order has been varied or renewed under section 103F(5) of that Act;”.                  

(3)After paragraph (i) of that subsection there is inserted—

“(ia)if a sexual risk order, made under section 122A of the Sexual Offences Act 2003, is in effect in respect of the applicant—                  

(i)the prohibitions described in that order;                  

(ii)the date of that order;                  

(iii)the period for which the prohibitions have effect by virtue of section 122A(7) or 122C(1) of that Act;                  

(iv)details as to whether the order has been varied or renewed under section 122D(4) of that Act;                  

(ib)if an interim sexual risk order, made under section 122E of the Sexual Offences Act 2003, is in effect in respect of the applicant—                  

(i)the prohibitions described in that order;                  

(ii)the date of that order;                  

(iii)the period for which that order has effect by virtue of section 122E(4) of that Act;                  

(iv)details as to whether the order has been varied or renewed under section 122E(5) of that Act;”.                  

#### Crime and Disorder Act 1998 (c. 37)U.K.

55(1)Section 8 of the Crime and Disorder Act 1998 (parenting orders) is amended as follows.U.K.

(2)For “sexual offences prevention order” there is substituted “ sexual harm prevention order ”

(a)in subsection (1)(b);

(b)in subsection (6)(a).

(3)For subsection (9) there is substituted—

“(9)In this section “sexual harm prevention order” means an order under section 103A of the Sexual Offences Act 2003 (sexual harm prevention orders).”                  

#### Sexual Offences Act 2003 (c. 42)U.K.

56U.K.In section 88 of the Sexual Offences Act 2003 (section 87: interpretation), in subsection (4)(c), after “interim notification                        order,” there is inserted “ sexual harm prevention order, interim sexual harm prevention order, ”.

57U.K.In section 89 of that Act (young offenders: parental directions), in the Table in subsection (1), after “interim notification                        order,” there is inserted “ sexual harm prevention order, interim sexual harm prevention order, ”.

58U.K.In section 91A of that Act (review of indefinite notification requirements: qualifying young offender), in subsection (2)(b),                        after “not subject to” there is inserted “ a sexual harm prevention order under section 103A, an interim sexual harm prevention order under section 103F, ”.

59U.K.In the cross-heading before section 104 of that Act (sexual offences prevention orders: application and grounds), after “*orders*” there is inserted “ *(Scotland and Northern Ireland)* ”.

60U.K.In section 108 of that Act (SOPOs: variations, renewals and discharges), in subsection (8)(b) the words “2 or” and “England                        and Wales or” are omitted.

61U.K.In section 109 of that Act (interim SOPOs), in subsection (7)(a) the words “2A or” and “England and Wales or” are omitted.

62(1)Section 110 of that Act (SOPOs and interim SOPOs: appeals) is amended as follows.U.K.

(2)For the heading there is substituted “ **Appeals in relation to SOPOs and interim SOPOs: Northern Ireland** ”.

(3)In subsections (1)(c), (2) and (3)(b), for “the Crown Court” there is substituted “ a county court ”.

(4)In subsection (4), for “the Crown Court” there is substituted “ the county court ”.

(5)For subsection (5) there is substituted—

“(5)Any order made by a county court on an appeal under subsection (1)(c) or (2) (other than an order directing that an application                           be re-heard by a court of summary jurisdiction) is for the purposes of section 108(7) or 109(6) (respectively) to be treated                           as if it were an order of the court from which the appeal was brought (and not an order of the county court).”                  

63(1)Section 113 of that Act (offence: breach of SOPO or interim SOPO) is amended as follows.U.K.

(2)In the heading, at the end there is inserted “**etc**”.

(3)In subsection (1), in paragraph (d) the words “2, 2A or” and “in England and Wales and” are omitted.

(4)After that subsection there is inserted—

“(1ZA)A person commits an offence if, without reasonable excuse, he contravenes a prohibition imposed by—                  

(a)a sexual harm prevention order, or                  

(b)an interim sexual harm prevention order,                  

other than a prohibition on foreign travel.”                  

64U.K.In the cross-heading before section 114 of that Act (foreign travel orders: applications and grounds), after “*orders*” there is inserted “ *(Scotland and Northern Ireland)* ”.

65(1)Section 117A of that Act (foreign travel orders: surrender of passports) is amended as follows.U.K.

(2)For the heading there is substituted “ **Surrender of passports: Northern Ireland** ”.

(3)In subsection (2), after “at a police station” there is inserted “ in Northern Ireland ”.

(4)In subsection (3), at the end there is inserted “(unless the person is subject to an equivalent prohibition under another                        order)”.

66U.K.In section 117B of that Act (surrender of passports: Scotland), at the end of subsection (3) there is inserted “(unless the                        person is subject to an equivalent prohibition under another order)”.

67(1)Section 119 of that Act (foreign travel orders: appeals) is amended as follows.U.K.

(2)For the heading there is substituted “ **Appeals in relation to foreign travel orders: Northern Ireland** ”.

(3)In subsection (1), for “the Crown Court” there is substituted “ a county court ”.

(4)In subsection (2), for “the Crown Court” there is substituted “ the county court ”.

(5)For subsection (3) there is substituted—

“(3)Any order made by a county court on an appeal under subsection (1)(a) (other than an order directing that an application be                           re-heard by a court of summary jurisdiction) is for the purposes of section 118(5) to be treated as if it were an order of                           the court from which the appeal was brought (and not an order of the county court).”                  

68(1)Section 122 (offence: breach of foreign travel order) is amended as follows.U.K.

(2)In the heading, at the end there is inserted “**etc**”.

(3)In subsection (1)—

(a)for “excuse, he” there is substituted “excuse— 

(a)he”;                  

(b)at the end there is inserted “, or 

(b)he contravenes a prohibition on foreign travel imposed by a sexual harm prevention order.”                  

(4)In subsection (1B)(a) the words “England and Wales and” are omitted.

69U.K.In the cross-heading before section 123 of that Act, after “*orders*” there is inserted “ *(Northern Ireland)* ”.

70(1)Section 123 of that Act (risk of sexual harm orders: application, grounds and effect) is amended as follows.U.K.

(2)In subsection (1)—

(a)for “A chief officer of police” there is substituted “ The Chief Constable of the Police Service of Northern Ireland ”;

(b)for “a magistrates' court” there is substituted “ a court of summary jurisdiction ”;

(c)for “his police area” (in both places) there is substituted “ Northern Ireland ”;

(d)for “the chief officer” (in both places) there is substituted “ the Chief Constable ”.

(3)Subsection (2) is repealed.

71(1)Section 125 (RSHOs: variation, renewals and discharges) is amended as follows.U.K.

(2)In subsection (2), for paragraphs (b) to (d) there is substituted—

“(b)the Chief Constable of the Police Service of Northern Ireland.”                  

(3)In subsection (3), for “and (if they wish to be heard) the other persons mentioned in subsection (2)” there is substituted                        “ , and the other person mentioned in subsection (2) (if that person wishes to be heard) ”.

(4)In subsection (5), for the words after “without the consent of the defendant and” there is substituted “ the Chief Constable of the Police Service of Northern Ireland ”.

(5)In subsection (7), for paragraphs (b) and (c) there is substituted—

“(b)a court of summary jurisdiction for the petty sessions district which includes the area where the defendant resides;                  

(c)where the application is made by the Chief Constable of the Police Service of Northern Ireland, any court of summary jurisdiction.”                  

72U.K.In section 126 (interim RSHOs), in subsection (2)(b), for “the person who has made that application” there is substituted                        “ the Chief Constable of the Police Service of Northern Ireland ”.

73(1)Section 127 (RSHOs and interim RSHOs) is amended as follows.U.K.

(2)In subsection (1), for “the Crown Court” there is substituted “ a county court ”.

(3)In subsection (2), for “the Crown Court” there is substituted “ the county court ”.

(4)For subsection (3) there is substituted—

“(3)Any order made by a county court on an appeal under subsection (1)(a) or (b) (other than an order directing that an application                           be re-heard by a court of summary jurisdiction) is for the purposes of section 125(7) or 126(5) (respectively) to be treated                           as if it were an order of the court from which the appeal was brought (and not an order of the county court).”                  

74(1)Section 128 (offence: breach of RSHO or interim RSHO) is amended as follows.U.K.

(2)In the heading, after “**interim RSHO**” there is inserted “ **etc** ”.

(3)For subsections (1) and (1A) there is substituted—

“(1)A person who, without reasonable excuse, does anything that the person is prohibited from doing by—                  

(a)a risk of sexual harm order,                  

(b)an interim risk of sexual harm order,                  

(c)a sexual risk order,                  

(d)an interim sexual risk order,                  

(e)an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (risk of sexual                           harm orders in Scotland), or                  

(f)an order under section 5 of that Act (interim risk of sexual harm orders in Scotland),                  

commits an offence.”                  

75(1)Section 129 (effect of conviction etc of an offence under section 128) is amended as follows.U.K.

(2)In the heading, after “**section 128**” there is inserted “ **etc** ”.

(3)In subsection (1A)(a), after “an offence under section” there is inserted “ 122H or ”.

(4)For subsection (5) there is substituted—

“(5)In this section “relevant order” means—                  

(a)where the conviction, finding or caution within subsection (1) is in respect of a breach of a risk of sexual harm order or                           a sexual risk order, that order;                  

(b)where the conviction, finding or caution within subsection (1) is in respect of a breach of an interim risk of sexual harm                           order or an interim sexual risk order, any risk of sexual harm order or sexual risk order made on the hearing of the application                           to which the interim order relates or, if no such order is made, the interim order.                  

(6)In subsection (5)—                  
          -  “risk of sexual harm order” includes an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005;                         
          -  “interim risk of sexual harm order” includes an order under section 5 of that Act.”                         

76(1)Section 133 of that Act (Part 2: general interpretation) is amended as follows.U.K.

(2)In subsection (1), at the appropriate places there is inserted—

““interim sexual harm prevention order” has the meaning given by section 103F(2);”;                  

““interim sexual risk order” has the meaning given by section 122E(2);”;                  

““prohibition on foreign travel” has the meaning given by section 103D(2) or 122C(2);”;                  

““sexual harm prevention order” has the meaning given by section 103A(1);”;                  

““sexual risk order” has the meaning given by section 122A(1);”.                  

77U.K.In section 136 of that Act (Part 2: Northern Ireland), for subsection (8) there is substituted—

“(8)The reference in section 101 to the Crown Court is to be read as a reference to a county court.”                  

#### Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)U.K.

78(1)Section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (offence: breach of RSHO or                        interim RSHO) is amended as follows.U.K.

(2)In the heading, after “**interim RSHO**” there is inserted “ **etc** ”.

(3)In subsection (2), after “an order made under” there is inserted “ section 122A or 122E or ”.

79(1)Section 8 of that Act (effect of conviction etc under section 7 of that Act or section 128 of the Sexual Offences Act 2003)                        is amended as follows.U.K.

(2)In the heading, after “**or section**” there is inserted “ **122H or** ”.

(3)In subsection (1)(a), for the words after “an offence under section 7 above” there is substituted “ , section 122H of the 2003 Act (breach of sexual risk order or interim sexual risk order in England and Wales) or section                           128 of that Act (breach of risk of sexual harm order or interim risk of sexual harm order in Northern Ireland) ”.

(4)In subsection (1)(b), after “an offence under section” there is inserted “ 122H or ”.

(5)In the definition of “relevant order” in subsection (5)—

(a)in paragraph (a), for “section 123” there is substituted “ an order under section 122A or section 123 ”;

(b)in paragraph (b), after “a breach of” there is inserted “ a sexual risk order under section 122A of the 2003 Act or ”;

(c)for paragraphs (c) and (d) there is substituted—

“(c)where the conviction or finding referred to in subsection (1)(a), (c) or (d) above is in respect of a breach of an interim                           risk of sexual harm order under section 5 above or an interim order under section 122E or 126 of the 2003 Act—                  

(i)any risk of sexual harm order or sexual risk order made upon the application to which the interim order relates; or                  

(ii)if no risk of sexual harm order or sexual risk order has been made, the interim order;                  

(d)where the caution referred to in subsection (1)(b) above is in respect of a breach of an interim order under section 122E                           or 126 of the 2003 Act—                  

(i)any order under section 122A or 123 of that Act made upon the application to which the interim order relates; or                  

(ii)if no order under section 122A or 123 of that Act has been made, the interim order.”                  

#### Violent Crime Reduction Act 2006 (c. 38)U.K.

80U.K.In section 56 of the Violent Crime Reduction Act 2006 (cross-border provisions relating to sexual offences), subsection (2)                        is repealed.

#### Armed Forces Act 2006 (c. 52)U.K.

81U.K.In Schedule 3A to the Armed Forces Act 2006 (Court Martial sentencing powers where election for trial by that court instead                        of CO), paragraph 13(2) and (3) (service sexual offences prevention orders) is repealed.

#### Armed Forces Act 2011 (c. 18)U.K.

82(1)Section 17 of the Armed Forces Act 2011 (service sexual offences prevention orders) is repealed.U.K.

(2)In Schedule 4 to that Act (consequential amendments), paragraph 3(3) is repealed.

### **PART 3**U.K.Amendments relating to Part 11

#### House of Commons Disqualification Act 1975 (c. 24)U.K.

83U.K.In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975. (bodies of which all members are disqualified)                        at the appropriate place there is inserted— “ The Police Remuneration Review Body. ”

#### Police Pensions Act 1976 (c. 35)U.K.

84U.K.In section 7 of the Police Pensions Act 1976 (payment of pensions and contributions), for paragraph (f) of subsection (2)                        there is substituted—

“(f)a person to whom section 100A of the Police Act 1996 applies (senior police officer appointed as member of staff of College                           of Policing);”.                  

85(1)Section 11 of that Act (interpretation) is amended as follows.U.K.

(2)For paragraph (e) of subsection (1) there is substituted—

“(e)service, by a person to whom section 100A of the Police Act 1996 applies, as a member of the staff of the College of Policing;”.                  

(3)In subsection (2A)(i) the words “the body known as” are omitted.

(4)In subsection (8A), for “the Chief Executive of the body known as” there is substituted “ a member of the staff of ”.

#### Police and Criminal Evidence Act 1984 (c. 60)U.K.

86(1)Schedule 2A to the Police and Criminal Evidence Act 1984 (fingerprinting and samples: power to require attendance at police                        station) is amended as follows.U.K.

(2)In paragraph 1 (fingerprinting: persons arrested and released)—

(a)in sub-paragraph (2), for “section 61(5A)(b)” there is substituted “ section 61(5A)(b)(i) ”;

(b)after sub-paragraph (3) there is inserted—

“(4)The power under sub-paragraph (1) above may not be exercised in a case falling within section 61(5A)(b)(ii) (fingerprints                           destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation                           was resumed.”                  

(3)In paragraph 2 (fingerprinting: persons charged etc)—

(a)in sub-paragraph (2)(b), for “section 61(5B)(b)” there is substituted “ section 61(5B)(b)(i) ”;

(b)at the end of sub-paragraph (2) there is inserted “, or 

(c)in a case falling within section 61(5B)(b)(ii) (fingerprints destroyed where investigation interrupted), the day on which                           the investigation was resumed.”                  

(4)In paragraph 9 (non-intimate samples: persons arrested and released)—

(a)in sub-paragraph (2), for “within section 63(3ZA)(b)” there is substituted “ within section 63(3ZA)(b)(i) or (ii) ”;

(b)after sub-paragraph (3) there is inserted—

“(4)The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3ZA)(b)(iii) (sample, and                           any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day                           on which the investigation was resumed.”                  

(5)In paragraph 10 (non-intimate samples: persons charged etc)—

(a)in sub-paragraph (3), for “within section 63(3A)(b)” there is substituted “ within section 63(3A)(b)(i) or (ii) ”;

(b)after sub-paragraph (4) there is inserted—

“(5)The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3A)(b)(iii) (sample, and                           any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day                           on which the investigation was resumed.”                  

#### Police Act 1996 (c. 16)U.K.

87U.K.In section 36 of the Police Act 1996 (general duty of Secretary of State), in subsection (2)(c), the words “(other than sections                        61 and 62)” are omitted.

88U.K.In section 97 of that Act (police officers engaged on service outside their force), in subsection (1)(i) the words “the body                        known as” are omitted.

89U.K.In section 105 of that Act (extent), in subsection (3), for “sections 61 and 62” there is substituted “ Part 3A ”.

Prospective

#### Police Act 1997 (c. 50)U.K.

90U.K.In section 137 of the Police Act 1997 (extent), in subsection (2) (provisions extending to England and Wales only), after                           “sections” in paragraph (e) there is inserted “ 125(1A), ”.

#### Police (Northern Ireland) Act 2000 (c. 32)U.K.

91U.K.In section 49 of the Police (Northern Ireland) Act 2000 (severance arrangements), for subsection (4) there is substituted—

“(4)Sections 25(8) and 26(6) of the Police (Northern Ireland) Act 1998 (requirement to consult the Board and the Police Association                           before making regulations) shall not apply in relation to regulations made by virtue of this section.”                  

#### Freedom of Information Act 2000 (c. 36)U.K.

92U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Police Reform Act 2002 (c. 30)U.K.

93(1)Section 29 of the Police Reform Act 2002 (interpretation of Part 2) is amended as follows.U.K.

(2)In subsection (1), in the definition of “serving with the police”, for “12(7)” there is substituted “ 12(7) to (10) ”.

(3)In subsection (1A), for “12(7)” there is substituted “ 12(7) to (10) ”.

94U.K.In section 39 (police powers for contracted-out staff), subsections (9) to (11) are repealed.

95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

#### Equality Act 2010 (c. 15)U.K.

96U.K.In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to public sector equality duty), at the appropriate                        place under the heading “*Police*” there is inserted— “ The College of Policing. ”

#### Police Reform and Social Responsibility Act 2011 (c. 13)U.K.

97U.K.In section 7 of the Police Reform and Social Responsibility Act 2011 (police and crime plans), for paragraph (f) of subsection                        (1) there is substituted—

“(ea)the services which are to be provided by virtue of section 143 of the Anti-social Behaviour, Crime and Policing Act 2014;                  

(f)any grants which the elected local policing body is to make under that section, and the conditions (if any) subject to which                           any such grants are to be made.”                  

98U.K.Section 9 of that Act (crime and disorder reduction grants) is repealed.

99U.K.In Schedule 2 to that Act (chief constables), paragraph 7(3) is repealed.

100U.K.In Schedule 4 to that Act (Commissioner of Police of the Metropolis), paragraph 4(3) is repealed.

Prospective

#### Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602)U.K.

101U.K.In article 14 of the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (pensions:                           special constables and police cadets), in paragraph (2), for “the Police Negotiating Board for the United Kingdom” there is                           substituted “ the Police Negotiating Board for Scotland ”.

#### Repeal or revocation of spent provisions etcU.K.

102U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

### **PART 4**U.K.Amendments relating to Part 12

#### Prison Act (Northern Ireland) 1953 (c. 18)U.K.

103U.K.In section 38 of the Prison Act (Northern Ireland) 1953 (arrest, etc, of persons unlawfully at large), in subsection (4),                        for “the last foregoing sub-section” there is substituted “ subsection (2) ”.

#### Extradition Act 2003 (c. 41)U.K.

104U.K.In section 11 of the Extradition Act 2003 (bars to extradition), in subsection (1A), for “by reason of forum only” there is                        substituted “by reason of— 

(a)absence of prosecution decision, or                  

(b)forum,                  

only ”.                  

105(1)Section 21 of that Act (human rights) is amended as follows.U.K.

(2)For the heading there is substituted “ **Person unlawfully at large: human rights** ”.

(3)In subsection (1) the words “11 or” are omitted.

106U.K.In section 26 of that Act (appeal against extradition order: category 1 territory), in subsection (4), for “Notice of an appeal”                        there is substituted “ Notice of application for leave to appeal ”.

107U.K.In section 28 of that Act (appeal against discharge at extradition hearing: category 1 territory), in subsection (5), for                        “Notice of an appeal” there is substituted “ Notice of application for leave to appeal ”.

108U.K.In section 35 of that Act (extradition where there is no appeal), after subsection (4) there is inserted—

“(4A)If the day referred to in paragraph (a) of subsection (4) is earlier than the earliest day on which, by reason of an order                           under section 36A or 36B, the extradition order may be carried out (“the postponed date”), that paragraph has effect as if                           it referred instead to the postponed date.”                  

109U.K.In section 36 of that Act (extradition following appeal), after subsection (3) there is inserted—

“(3A)If the day referred to in paragraph (a) of subsection (3) is earlier than the earliest day on which, by reason of an order                           under section 36A or 36B, the extradition order may be carried out (“the postponed date”), that paragraph has effect as if                           it referred instead to the postponed date.”                  

110U.K.In section 66 of that Act (supplementary provision for the purposes of sections 64 and 65), in subsection (1), for “(2)” there                        is substituted “ (1A) ”.

111U.K.In section 103 of that Act (appeal where case sent to Secretary of State), in subsection (9), for “Notice of an appeal” there                        is substituted “ Notice of application for leave to appeal ”.

112U.K.In section 105 of that Act (appeal against discharge at extradition hearing: category 2 territory), in subsection (5), for                        “Notice of an appeal” there is substituted “ Notice of application for leave to appeal ”.

113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

114U.K.In section 110 of that Act (appeal against discharge by Secretary of State), in subsection (5), for “Notice of an appeal”                        there is substituted “ Notice of application for leave to appeal ”.

115U.K.In section 117 of that Act (extradition where there is no appeal), in subsection (2), for the words after “28 days” there                        is substituted “starting with— 

(b)the day on which the Secretary of State makes the extradition order, or                  

(c)if an order is made under section 118A or 118B, the earliest day on which the extradition order may be carried out.”                  

116U.K.In section 118 of that Act (extradition following appeal), after subsection (2) there is inserted—

“(2A)But if the day referred to in paragraph (a) or (b) of subsection (3) is earlier than the earliest day on which, by reason                           of an order under section 118A or 118B, the extradition order may be carried out (“the postponed date”), the required period                           is 28 days beginning with the postponed date.”                  

117U.K.In section 137 (definition of extradition offence for the purposes of Part 2 of the Act: person not sentenced for offence)                        subsection (9) is repealed.

118U.K.In section 138 (definition of extradition offence for the purposes of Part 2 of the Act: person sentenced for offence) subsection                        (9) is repealed.

119(1)Section 197 of that Act (custody) is amended as follows.U.K.

(2)In subsection (1), at the end there is inserted—

“This is subject to the power to order the temporary transfer of a person under section 21B.”                  

(3)After subsection (6) there is inserted—

“(6A)An order for a person's temporary transfer under section 21B is sufficient authority for an appropriate person—                  

(a)to receive him;                  

(b)to keep him in custody until he is transferred in accordance with the order;                  

(c)to convey him to and from the territory to which he is to be transferred;                  

(d)on his return from that territory, to keep him in custody until he is brought back to the institution to which he was committed.”                  

120(1)Section 204 of that Act (warrant issued by category 1 territory: transmission by electronic means) is amended as follows.U.K.

(2)In subsections (1)(c) and (2)(c), for “a qualifying form” there is substituted “ a form in which it is intelligible and which is capable of being used for subsequent reference ”.

(3)In subsection (6)—

(a)at the end of paragraph (a) there is inserted “and”;

(b)paragraph (c) and the word “and” before it are omitted.

121(1)Section 216 of that Act (interpretative provisions) is amended as set out in sub-paragraphs (2) and (3).U.K.

(2)After subsection (10) there is inserted—

“(10A)Human Rights Convention” has the meaning given to “the Convention” by section 21(1) of the Human Rights Act 1998.”                  

(3)After subsection (12) there is inserted—

“(12A)Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol                           to the Convention.”                  

(4)The following provisions of that Act are repealed in consequence of sub-paragraphs (2) and (3)—

(a)the definition of “the Refugee Convention” in section 40(4);

(b)section 70(2A);

(c)section 153D(3).

Prospective

122U.K.In section 223 of that Act (orders and regulations), in subsection (6)(a), after the entry for section 173(4) there is inserted—

“section 189D(4);                     

section 189E(1)(b);”.                     

123U.K.In section 226 of that Act (extent), in subsection (2), after “Sections” there is inserted “ 151B, ”.

124U.K.In Part 1 of Schedule 1 to that Act (re-extradition: category 1 territories), in paragraph 3, after “21(3)” there is inserted                        “ and section 21A(5) ”.

### **PART 5**U.K.Amendments consequential on establishment of Police Service of Scotland

#### Terrorism Act 2000 (c. 11)U.K.

125(1)Schedule 8 to the Terrorism Act 2000 (detention) is amended as follows.U.K.

(2)In paragraph 20B(10), for paragraph (b) of the definition of “a specified chief officer of police” there is substituted—

“(b)the chief constable of the Police Service of Scotland, where—                  

(i)the person who provided the material, or from whom it was taken, resides in Scotland, or                  

(ii)the chief constable believes that the person is in, or is intending to come to, Scotland.”                  

(3)In paragraph 20J—

(a)for paragraphs (d) and (e) of the definition of “police force” there is substituted—

“(d)the Police Service of Scotland;                  

(e)the Scottish Police Authority;”;                  

(b)in the second of the three definitions of “responsible chief officer of police”, for the words after “the chief constable                        of” there is substituted “ the Police Service of Scotland ”.

#### Counter-Terrorism Act 2008 (c. 28)U.K.

126(1)In section 18D of the Counter-Terrorism Act 2008 (use of retained material), in subsection (2) for “the Scottish Police Services                        Authority” there is substituted “ the Scottish Police Authority ”.U.K.

(2)In section 18E(1) of that Act (interpretation of sections 18 to 18E), for paragraph (d) of the definition of “police force”                        there is substituted—

“(d)the Police Service of Scotland;”.