120 Powers to require removal of disguises: oral authorisation
In section 60AA of the Criminal Justice and Public Order Act 1994 (powers to require removal of disguises), for subsection (6) substitute—
(6) Subject to subsection (6A), an authorisation under subsection (3)—
(a) shall be in writing and signed by the officer giving it; and
(b) shall specify—
(i) the grounds on which it is given;
(ii) the locality in which the powers conferred by this section are exercisable; and
(iii) the period during which those powers are exercisable.
(6A) An authorisation under subsection (3) need not be given in writing where it is not practicable to do so but any oral authorisation—
(a) must state the matters which would otherwise have to be specified under subsection (6); and
(b) must be recorded in writing as soon as it is practicable to do so.
(6B) A direction under subsection (4) shall be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so.
121 Term of office of deputy police and crime commissioners
(1) Schedule 1 to the Police Reform and Social Responsibility Act 2011 (police and crime commissioners) is amended in accordance with subsections (2) and (3).
(2) In paragraph 8 (the deputy police and crime commissioner), for sub-paragraph (3) substitute—
(3) The terms and conditions of a person appointed as the deputy police and crime commissioner must ensure that the term of office ends no later than the sixth day after the day of the poll at the next ordinary election of police and crime commissioners (that is, the day on which the term of office of the appointing police and crime commissioner would, if there were no vacancy in the office before then, end in accordance with section 50(7)(b)).
(3A) The terms and conditions must also provide for the deputy police and crime commissioner's appointment to end when, following an election held under section 51 to fill a vacancy in the office of the appointing police and crime commissioner, the person elected makes and delivers a declaration of acceptance of office under section 70(1).
(3B) Subject to sub-paragraphs (3) and (3A), the terms and conditions may make such provision about termination as the appointing police and crime commissioner thinks appropriate.
(3) In that paragraph, omit sub-paragraph (5).
(4) The amendments made by this section apply in relation to the terms and conditions of a person appointed as a deputy police and crime commissioner before this section comes into force (as well as to the terms and conditions of a person appointed after it comes into force).
(5) But the amendments do not apply in relation to the terms and conditions of a person appointed as a deputy police and crime commissioner before this section comes into force if, at the time when it comes into force, an election held under section 51 of the 2011 Act to fill a vacancy in the office of police and crime commissioner for the police area in question is in progress.
(6) For the purpose of subsection (5), an election held under section 51 of the 2011 Act is in progress during the period—
(a) beginning with the time when the vacancy in the office of police and crime commissioner occurred, and
(b) ending immediately after the person elected to fill the vacancy has made and delivered a declaration of acceptance under section 70(1) of that Act.
122 Eligibility of deputy police and crime commissioners for election
(1) In section 65 of the Police Reform and Social Responsibility Act 2011 (disqualification from election or holding office as police and crime commissioner: police grounds), after subsection (1) insert—
(1A) Subsection (1)(e)(i) does not prevent a deputy police and crime commissioner—
(a) from being elected as police and crime commissioner at an ordinary election of police and crime commissioners;
(b) from being elected at an election held under section 51 to fill a vacancy in the office of police and crime commissioner if, on the day on which the person is nominated as a candidate at the election and at all times between that day and the declaration of the result of the election, the deputy is acting as police and crime commissioner under section 62.
(2) Section 65(1A)(b) of the 2011 Act (as inserted by subsection (1) above) does not apply in relation to an election held under section 51 of that Act to fill a vacancy in the office of police and crime commissioner if the election is in progress at the time this section comes into force.
(3) For the purpose of subsection (2), an election held under section 51 of the 2011 Act is in progress during the period—
(a) beginning with the time when the vacancy in the office of police and crime commissioner occurred, and
(b) ending immediately after the person elected to fill the vacancy has made and delivered a declaration of acceptance under section 70(1) of that Act.
123 Deputy Mayor for Policing and Crime as member of local authority
(1) Section 1 of the Local Government and Housing Act 1989 (disqualification and political restriction of certain local authority officers and staff) is amended as follows.
(2) In subsection (9) (references to a person holding a politically restricted post under a local authority include every member of the staff of an elected local policing body) omit “, except for a deputy police and crime commissioner”.
(3) After that subsection insert—
(10) The reference in subsection (9) to every member of the staff of an elected local policing body does not include a deputy police and crime commissioner.
(11) For the purposes of subsection (1) only, the reference in subsection (9) to every member of the staff of an elected local policing body does not include the Deputy Mayor for Policing and Crime appointed under section 19(1)(a) of the Police Reform and Social Responsibility Act 2011.
(1) After section 31 of the Police Act 1996 insert—
Amendment of names of police areas
Power to amend names of police areas
31A (1) The Secretary of State may by regulations amend any name of a police area specified in the first column of Schedule 1 (police areas).
(2) A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(2) In consequence of the amendment made by subsection (1), in section 1(2)(a) of that Act (police areas), in the words in brackets, for “any amendment made to that Schedule by an order” substitute “ any amendment made to the first column of that Schedule by regulations under section 31A or any amendment made to the second column, or to the first and second columns, by an order ”.
(1) The Firearms Act 1968 is amended as follows.
(2) In section 57 (interpretation), in subsection (1), for the words from the beginning to the end of paragraph (c) substitute—
(1) In this Act, the expression “firearm” means—
(a) a lethal barrelled weapon (see subsection (1B));
(b) a prohibited weapon;
(c) a relevant component part in relation to a lethal barrelled weapon or a prohibited weapon (see subsection (1D));
(d) an accessory to a lethal barrelled weapon or a prohibited weapon where the accessory is designed or adapted to diminish the noise or flash caused by firing the weapon;
.
(3) In that section, before subsection (2) insert—
(1B) In subsection (1)(a), “lethal barrelled weapon” means a barrelled weapon of any description from which a shot, bullet or other missile, with kinetic energy of more than one joule at the muzzle of the weapon, can be discharged.
(1C) Subsection (1) is subject to section 57A (exception for airsoft guns).
(4) In that section, after subsection (1C) (as inserted by subsection (3) above) insert—
(1D) For the purposes of subsection (1)(c), each of the following items is a relevant component part in relation to a lethal barrelled weapon or a prohibited weapon—
(a) a barrel, chamber or cylinder,
(b) a frame, body or receiver,
(c) a breech block, bolt or other mechanism for containing the pressure of discharge at the rear of a chamber,
but only where the item is capable of being used as a part of a lethal barrelled weapon or a prohibited weapon.
(5) After section 57 insert—
Exception for airsoft guns
57A (1) An “airsoft gun” is not to be regarded as a firearm for the purposes of this Act.
(2) An “airsoft gun” is a barrelled weapon of any description which—
(a) is designed to discharge only a small plastic missile (whether or not it is also capable of discharging any other kind of missile), and
(b) is not capable of discharging a missile (of any kind) with kinetic energy at the muzzle of the weapon that exceeds the permitted level.
(3) “Small plastic missile” means a missile that—
(a) is made wholly or partly from plastics,
(b) is spherical, and
(c) does not exceed 8 millimetres in diameter.
(4) The permitted kinetic energy level is—
(a) in the case of a weapon which is capable of discharging two or more missiles successively without repeated pressure on the trigger, 1.3 joules;
(b) in any other case, 2.5 joules.
(6) After section 57A (as inserted by subsection (5) above) insert—
Power to amend section 57(1D)
57B (1) The Secretary of State may by regulations made by statutory instrument amend section 57(1D) so as to make different provision for the purposes of section 57(1)(c) about the meaning of a relevant component part in relation to a lethal barrelled weapon or a prohibited weapon.
(2) Regulations under this section may include—
(a) incidental, supplementary or consequential provision;
(b) transitional, transitory or saving provision.
(3) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
126 Firearms Act 1968: meaning of “antique firearm”
(1) Section 58 of the Firearms Act 1968 (particular savings) is amended in accordance with subsections (2) and (3).
(2) After subsection (2) (which makes provision about antique firearms) insert—
(2A) For the purposes of subsection (2), a firearm is an “antique firearm” if—
(a) either the conditions in subsection (2B) are met or the condition in subsection (2C) is met, and
(b) if an additional condition is specified in regulations under subsection (2D), that condition is also met.
(2B) The conditions in this subsection are that—
(a) the firearm's chamber or, if the firearm has more than one chamber, each of its chambers is either—
(i) a chamber that the firearm had when it was manufactured, or
(ii) a replacement for such a chamber that is identical to it in all material respects;
(b) the firearm's chamber or (as the case may be) each of the firearm's chambers is designed for use with a cartridge of a description specified in regulations made by statutory instrument by the Secretary of State (whether or not it is also capable of being used with other cartridges).
(2C) The condition in this subsection is that the firearm's propulsion system is of a description specified in regulations made by statutory instrument by the Secretary of State.
(2D) The Secretary of State may by regulations made by statutory instrument specify either of the following conditions for the purposes of subsection (2A)(b)—
(a) a condition that a number of years specified in the regulations has elapsed since the date on which the firearm was manufactured;
(b) a condition that the firearm was manufactured before a date specified in the regulations.
(2E) In its application to Scotland, subsection (2C) does not apply in relation to a firearm that is an air weapon.
(2F) Regulations under subsection (2B), (2C) or (2D) may make different provision for different purposes.
(2G) Subject to subsection (2H), a statutory instrument containing regulations under subsection (2B), (2C) or (2D) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(2H) A statutory instrument containing regulations under subsection (2B) or (2C) which contain only provision amending regulations previously made under that subsection so as to remove a description of cartridge or a description of propulsion system from the descriptions specified in those regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
(3) In subsection (2)—
(a) in paragraph (a), for “section 21” substitute “ sections 19, 20 and 21 ”;
(b) in paragraph (b), for “section 21” substitute “ section 19, 20 or 21 ”.
(4) Subsections (5) to (7) apply where—
(a) immediately before the coming into force of regulations under section 58(2B), (2C) or (2D) of the Firearms Act 1968 (as inserted by subsection (2) above), a person has in his or her possession a firearm that is an antique firearm for the purposes of section 58(2) of that Act, and
(b) in consequence of the coming into force of the regulations, the firearm ceases to be an antique firearm for those purposes.
(5) Section 5 of the Firearms Act 1968 does not apply in relation to the possession of the firearm by the person unless—
(a) the person carries on a business as a firearms dealer, and
(b) the firearm is in his or her possession for the purpose of the business.
(6) An application by the person for a certificate under section 1 or 2 of that Act in respect of possession of the firearm may not be refused on the ground that the person does not have a good reason for having the firearm in his or her possession.
(7) An application by the person for the renewal of a certificate issued under section 1 or 2 of that Act in respect of possession of the firearm may not be refused on the ground that the person does not have a good reason for having the firearm in his or her possession.
(8) The provision made by subsections (4) to (7) does not prevent additional transitional provision being made (under the power conferred by section 183(9)) in connection with the coming into force of this section (including provision for enabling certificates and authorisations under the Firearms Act 1968 to be issued or granted before this section comes fully into force).
127 Possession of articles for conversion of imitation firearms
After section 4 of the Firearms Act 1968 (conversion of weapons) insert—
Possession of articles for use in connection with conversion
4A (1) A person, other than a registered firearms dealer, commits an offence if—
(a) the person has in his or her possession or under his or her control an article that is capable of being used (whether by itself or with other articles) to convert an imitation firearm into a firearm, and
(b) the person intends to use the article (whether by itself or with other articles) to convert an imitation firearm into a firearm.
(2) A person guilty of an offence under this section is liable—
(a) on summary conviction—
(i) in England and Wales, to imprisonment for a term not exceeding 12 months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, 6 months) or to a fine, or to both;
(ii) in Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both.
After section 8 of the Firearms (Amendment) Act 1988 insert—
Controls on defectively deactivated weapons
8A (1) It is an offence for a person who owns or claims to own a defectively deactivated weapon—
(a) to make the weapon available for sale or as a gift to another person, or
(b) to sell it or give it (as a gift) to another person.
(2) Subsection (1)(a) does not apply if—
(a) the weapon is made available for sale or as a gift only to a person who is outside the EU (or to persons all of whom are outside the EU), and
(b) it is made so available on the basis that, if a sale or gift were to take place, the weapon would be transferred to a place outside the EU.
(3) Subsection (1)(b) does not apply if—
(a) the weapon is sold or given to a person who is outside the EU (or to persons all of whom are outside the EU), and
(b) in consequence of the sale or gift, it is (or is to be) transferred to a place outside the EU.
(4) For the purpose of this section, something is a “defectively deactivated weapon” if—
(a) it was at any time a firearm,
(b) it has been rendered incapable of discharging any shot, bullet or other missile (and, accordingly, has either ceased to be a firearm or is a firearm only by virtue of the Firearms Act 1982), but
(c) it has not been rendered so incapable in a way that meets the technical specifications for the deactivation of the weapon that apply at the time when the weapon is made available for sale or as a gift or (as the case may be) when it is sold or given as a gift.
(5) The Secretary of State must publish a document setting out the technical specifications that apply for the purposes of subsection (4)(c) (“the technical specifications document”).
(6) The technical specifications document may set out different technical specifications for different kinds of weapon.
(7) The Secretary of State—
(a) may from time to time revise the technical specifications document, and
(b) where it is revised—
(i) must publish the document as revised, and
(ii) specify in it the date on which any changes to the technical specifications that apply for the purposes of subsection (4)(c) take effect.
(8) In the case of a weapon rendered incapable as mentioned in subsection (4)(b) before 8 April 2016, subsection (1)(a) or (b) does not apply if the weapon is made available for sale or as a gift, or (as the case may be) sold or given, by or on behalf of a museum in respect of which a museum firearms licence is in force to another museum in respect of which such a licence is in force.
(9) References in this section to “sale” include exchange or barter (and references to sell are to be construed accordingly).
(10) In this section, “museum firearms licence” means a licence granted under the Schedule to the Firearms (Amendment) Act 1988.
(11) A person guilty of an offence under this section is liable—
(a) on summary conviction—
(i) in England and Wales, to imprisonment for a term not exceeding 12 months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, 6 months) or to a fine, or to both;
(ii) in Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both.
129 Controls on ammunition which expands on impact
(1) The Firearms Act 1968 is amended in accordance with subsections (2) and (3).
(2) In section 5 (weapons subject to general prohibition), in subsection (1A), for paragraph (f) substitute—
(f) any ammunition which is designed to be used with a pistol and incorporates a missile designed or adapted to expand on impact;
.
(3) In section 5A (exemptions from requirement of authority under section 5), in subsection (8)(a), after “which”, in the first place it occurs, insert “ is designed to be used with a pistol and ”.
(4) In consequence of the amendment made by subsection (2), omit section 9 of the Firearms (Amendment) Act 1997.
130 Authorised lending and possession of firearms for hunting etc
(1) After section 11 of the Firearms Act 1968 insert—
Authorised lending and possession of firearms for hunting etc
11A (1) A person (“the borrower”) may, without holding a certificate under this Act, borrow a rifle or shot gun from another person on private premises (“the lender”) and have the rifle or shot gun in his or her possession on those premises if—
(a) the four conditions set out in subsections (2) to (5) are met, and
(b) in the case of a rifle, the borrower is aged 17 or over.
(2) The first condition is that the borrowing and possession of the rifle or shot gun are for either or both of the following purposes—
(a) hunting animals or shooting game or vermin;
(b) shooting at artificial targets.
(3) The second condition is that the lender—
(a) is aged 18 or over,
(b) holds a certificate under this Act in respect of the rifle or shot gun, and
(c) is either—
(i) a person who has a right to allow others to enter the premises for the purposes of hunting animals or shooting game or vermin, or
(ii) a person who is authorised in writing by a person mentioned in sub-paragraph (i) to lend the rifle or shot gun on the premises (whether generally or to persons specified in the authorisation who include the borrower).
(4) The third condition is that the borrower's possession and use of the rifle or shot gun complies with any conditions as to those matters specified in the lender's certificate under this Act.
(5) The fourth condition is that, during the period for which the rifle or shot gun is borrowed, the borrower is in the presence of the lender or—
(a) where a rifle is borrowed, a person who, although not the lender, is aged 18 or over, holds a certificate under this Act in respect of that rifle and is a person described in subsection (3)(c)(i) or (ii);
(b) where a shot gun is borrowed, a person who, although not the lender, is aged 18 or over, holds a certificate under this Act in respect of that shot gun or another shot gun and is a person described in subsection (3)(c)(i) or (ii).
(6) Where a rifle is borrowed on any premises in reliance on subsection (1), the borrower may, without holding a firearm certificate, purchase or acquire ammunition on the premises, and have the ammunition in his or her possession on those premises for the period for which the firearm is borrowed, if—
(a) the ammunition is for use with the firearm,
(b) the lender's firearm certificate authorises the lender to have in his or her possession during that period ammunition of a quantity not less than that purchased or acquired by, and in the possession of, the borrower, and
(c) the borrower's possession and use of the ammunition complies with any conditions as to those matters specified in the certificate.
(2) In consequence of the amendment made by subsection (1), omit the following—
(a) section 11(5) of the Firearms Act 1968;
(b) section 16 of the Firearms (Amendment) Act 1988.
(1) After section 28A of the Firearms Act 1968 (certificates: supplementary) insert—
Certificates: limited extension
28B (1) This section applies where—
(a) an application is made for the renewal of a certificate on or before the day which falls 8 weeks before the day at the end of which the certificate is due to expire, but
(b) the chief officer of police does not determine whether or not to grant the application before the certificate is due to expire.
(2) The certificate continues in force by virtue of this subsection until whichever of the following events occurs first—
(a) the chief officer determines whether or not to grant the application;
(b) the extension period ends.
(3) In subsection (2), “the extension period” means the period of 8 weeks beginning with the day after the day at the end of which the certificate was due to expire.
(4) If the event mentioned in subsection (2)(a) occurs first, and the chief officer grants the application, any period for which the certificate continued in force under subsection (2) is to be treated for the purposes of section 28A(1) as part of the period for which the renewed certificate is in force.
(5) This section does not apply in relation to the renewal of a certificate granted or last renewed in Northern Ireland.
(2) In consequence of the amendment made by subsection (1), in section 28A of that Act (certificates: supplementary), after subsection (1) insert—
(1A) Subsection (1) is subject to the provision made by section 28B for circumstances in which a certificate may continue in force after the period of five years from the date when it was granted or last renewed.
(1) After section 32 of the Firearms Act 1968 (fee for certificate and exemption from paying it in certain cases) insert—
Fees in connection with authority under section 5
32ZA (1) The Secretary of State may by regulations authorise the appropriate national authority to require payment of a fee before an authority under section 5 is granted, varied or renewed.
(2) Regulations under subsection (1) must specify the amount of any fee that may be charged.
(3) The regulations may make different provision for different cases (including specifying different fees for different cases).
(4) The regulations may include—
(a) incidental, supplementary or consequential provision;
(b) transitional, transitory or saving provision.
(5) Regulations under this section are to be made by statutory instrument.
(6) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(7) In this section, “the appropriate national authority” means—
(a) in or as regards England and Wales, the Secretary of State;
(b) in or as regards Scotland, the Scottish Ministers.
(2) Before section 16 of the Firearms (Amendment) Act 1988 insert—
Fees in connection with approvals under section 15
15B (1) The Secretary of State may by regulations authorise the appropriate national authority to require payment of a fee before an approval under section 15 is granted, varied or renewed.
(2) Regulations under subsection (1) must specify the amount of any fee that may be charged.
(3) The regulations may make different provision for different cases (including specifying different fees for different cases).
(4) The regulations may include—
(a) incidental, supplementary or consequential provision;
(b) transitional, transitory or saving provision.
(5) Regulations under this section are to be made by statutory instrument.
(6) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(7) In this section, “the appropriate national authority” means—
(a) in or as regards England and Wales, the Secretary of State;
(b) in or as regards Scotland, the Scottish Ministers.
(3) In the Schedule to the Firearms (Amendment) Act 1988 (firearms and ammunition in museums), omit paragraph 3.
(4) In that Schedule, before paragraph 4 insert—
3A (1) The Secretary of State may by regulations authorise the appropriate national authority to require payment of a fee before a licence is granted, varied or renewed.
(2) Regulations under sub-paragraph (1) must specify the amount of any fee that may be charged.
(3) The regulations may make different provision for different cases (including specifying different fees for different cases).
(4) The regulations may include—
(a) incidental, supplementary or consequential provision;
(b) transitional, transitory or saving provision.
(5) Regulations under this paragraph are to be made by statutory instrument.
(6) A statutory instrument containing regulations under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.
(7) In this section, “the appropriate national authority” means—
(a) in or as regards England and Wales, the Secretary of State;
(b) in or as regards Scotland, the Scottish Ministers.
(5) In consequence of the amendment made by subsection (2), omit section 15(6) of the Firearms (Amendment) Act 1988.
133 Guidance to police officers in respect of firearms
(1) The Firearms Act 1968 is amended as follows.
(2) After section 55 insert—
Guidance as to exercise of police functions
55A (1) The Secretary of State may issue guidance to chief officers of police as to the exercise of their functions under, or in connection with, this Act.
(2) The Secretary of State may revise any guidance issued under this section.
(3) The Secretary of State must arrange for any guidance issued under this section, and any revision of it, to be published.
(4) A chief officer of police must have regard to any guidance issued under this section.
(5) Before issuing guidance under this section, the Secretary of State must consult—
(a) the National Police Chiefs' Council, and
(b) the chief constable of the Police Service of Scotland.
(3) In section 44 (appeals against police decisions), after subsection (3) insert—
(3A) The court or sheriff hearing an appeal must have regard to any guidance issued under section 55A that is relevant to the appeal.
134 Possession of pyrotechnic articles at musical events
(1) It is an offence for a person to have a pyrotechnic article in his or her possession at any time when the person is—
(a) at a place where a qualifying musical event is being held, or
(b) at any other place that is being used by a person responsible for the organisation of a qualifying musical event for the purpose of—
(i) regulating entry to, or departure from, the event, or
(ii) providing sleeping or other facilities for those attending the event.
(2) Subsection (1) does not apply—
(a) to a person who is responsible for the organisation of the event, or
(b) to a person who has the article in his or her possession with the consent of a person responsible for the organisation of the event.
(3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 51 weeks (or, in relation to offences committed before section 281(5) of the Criminal Justice Act 2003 comes into force, 3 months), or to a fine not exceeding level 3 on the standard scale, or to both.
(4) In this section, “pyrotechnic article” means an article that contains explosive substances, or an explosive mixture of substances, designed to produce heat, light, sound, gas or smoke, or a combination of such effects, through self-sustained exothermic chemical reactions, other than—
(a) a match, or
(b) an article specified, or of a description specified, in regulations made by statutory instrument by the Secretary of State.
(5) In this section, “qualifying musical event” means an event at which one or more live musical performances take place and which is specified, or of a description specified, in regulations made by statutory instrument by the Secretary of State.
(6) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) In the Licensing Act 2003, section 53B (interim steps pending review) is amended as follows.
(2) In subsection (6) at the beginning insert “ Subject to subsection (9A), ”.
(3) After subsection (9) insert—
(9A) Where the relevant licensing authority has determined under subsection (8) whether to withdraw or modify the interim steps taken, the holder of the premises licence may only make further representations under subsection (6) if there has been a material change in circumstances since the authority made its determination.
137 Summary reviews of premises licences: review of interim steps
(1) The Licensing Act 2003 is amended as follows.
(2) Section 53C (review of premises licence following review notice) is amended as follows.
(3) In subsection (2)—
(a) at the end of paragraph (a) insert “ and ”,
(b) in paragraph (b) omit “and”, and
(c) omit paragraph (c).
(4) After subsection (11) insert—
(12) Section 53D makes provision about the application and review of any interim steps that have been taken under section 53B in relation to a premises licence before a decision under this section comes into effect in relation to the licence.
(5) After section 53C insert—
Interim steps pending section 53C decision coming into effect
53D (1) At the hearing to consider an application for a review under section 53A, the relevant licensing authority must review any interim steps that have been taken by the relevant licensing authority under section 53B that have effect on the date of the hearing.
(2) In conducting the review under this section, the relevant licensing authority must—
(a) consider whether the interim steps are appropriate for the promotion of the licensing objectives;
(b) consider any relevant representations; and
(c) determine whether to withdraw or modify the interim steps taken.
(3) The power of the relevant licensing authority on a review under this section includes a power to take any of the following interim steps—
(a) the modification of the conditions of the premises licence;
(b) the exclusion of the sale of alcohol by retail from the scope of the licence;
(c) the removal of the designated premises supervisor from the licence;
(d) the suspension of the licence;
and for this purpose the conditions of the licence are modified if any of them is altered or omitted or any new condition is added.
(4) Any interim steps taken under subsection (3) apply until—
(a) the end of the period given for appealing against a decision made under section 53C,
(b) if the decision under section 53C is appealed against, the time the appeal is disposed of, or
(c) the end of a period determined by the relevant licensing authority (which may not be longer than the period of time for which such interim steps could apply under paragraph (a) or (b)).
(5) Any interim steps taken under section 53B in relation to a premises licence cease to have effect when the decision made under section 53C comes into effect.
(6) In subsection (2) “relevant representations” means representations which—
(a) are relevant to one or more of the licensing objectives, and
(b) meet the requirements of subsection (7).
(7) The requirements are—
(a) that the representations are made by the holder of the premises licence, a responsible authority or any other person within the period prescribed under subsection 53A(3)(e),
(b) that they have not been withdrawn, and
(c) if they are made by a person who is not a responsible authority, that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious.
(8) Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must notify the person who made them of the reasons for that determination.
(9) A decision under this section may be appealed (see paragraph 8B of Part 1 of Schedule 5 (appeals: premises licences)).
(6) Part 1 of Schedule 5 (appeals: premises licences) is amended as follows.
(7) After paragraph 8A (summary review of premises licence) insert—
Review of interim steps
8B (1) This paragraph applies where a review of interim steps is decided under section 53D (review of interim steps at a summary review of a premises licence).
(2) An appeal may be made against that decision by—
(a) the chief officer of police for the police area (or each police area) in which the premises are situated, or
(b) the holder of the premises licence.
(3) An appeal under this paragraph must be heard by the magistrates' court within the period of 28 days beginning with the day on which the appellant commenced the appeal (see paragraph 9(2)).
(8) This section does not apply to an application made under section 53A of the Licensing Act 2003 (summary reviews on application of senior police officer) where a decision in relation to that application has been made under section 53C (review of premises licence following review notice) before the coming into force of this section.
138 Personal licences: licensing authority powers in relation to convictions
(1) The Licensing Act 2003 is amended as follows.
(2) In section 10(4)(a) (functions that may not be delegated to an officer) after sub-paragraph (xii) insert—
(xiii) section 132A(8) and (12) (revocation or suspension of licence by local authority where it becomes aware of convictions or immigration penalties),
.
(3) After section 132 (licence holder's duty to notify licensing authority of convictions) insert—
Convictions etc of licence-holder: powers of licensing authority
132A (1) This section applies where a licensing authority has granted a personal licence and it becomes aware (whether by virtue of section 123(1), 131 or 132 or otherwise) that the holder of the licence ( “ the licence holder ”) has been, at any time before or after the grant of the licence—
(a) convicted of any relevant offence or foreign offence, or
(b) required to pay an immigration penalty.
(2) But this section does not apply at any time when in the case of a licence holder who has been convicted of any relevant offence or foreign offence—
(a) the licence holder has appealed against a conviction for, or any sentence imposed in relation to, a relevant offence or foreign offence and that appeal has not been disposed of, or
(b) the time limit for appealing against such a conviction or sentence has not expired.
(3) The relevant licensing authority may—
(a) suspend the licence for a period not exceeding six months, or
(b) revoke the licence.
(4) If the relevant licensing authority is considering whether to suspend or revoke the licence, the authority must give notice to the licence holder.
(5) A notice under subsection (4) must invite the licence holder to make representations regarding—
(a) the relevant offence, foreign offence or immigration penalty that has caused the relevant licensing authority to issue the notice,
(b) any decision of a court under section 129 or 130 in relation to the licence, and
(c) any other relevant information (including information regarding the licence holder's personal circumstances).
(6) The licence holder may make representations under subsection (5) to the relevant licensing authority within the period of 28 days beginning with the day the notice was issued.
(7) Before deciding whether to suspend or revoke the licence the relevant licensing authority must take into account—
(a) any representations made by the licence holder under this section,
(b) any decision of a court under section 129 or 130 of which the licensing authority is aware, and
(c) any other information which the authority considers relevant.
(8) Having taken into account the matters described in subsection (7) the relevant licensing authority may make a decision whether to suspend or revoke a licence, unless subsection (9) applies.
(9) This subsection applies where the relevant licensing authority has taken into account the matters described in subsection (7) and proposes not to revoke the licence.
(10) Where subsection (9) applies the authority must—
(a) give notice to the chief officer of police for its area that it proposes not to revoke the licence, and
(b) invite the officer to make representations regarding the issue of whether the licence should be suspended or revoked having regard to the crime prevention objective.
(11) The chief officer of police may make representations under subsection (10)(b) to the relevant licensing authority within the period of 14 days beginning with the day the notice was received.
(12) Where the relevant licensing authority has given notice to the chief officer of police under subsection (10)(a), the authority must take into account—
(a) any representations from the officer, and
(b) the matters described in subsection (7),
and then make a decision whether to suspend or revoke the licence.
(13) The relevant licensing authority must give notice of any decision made under subsection (8) or (12) to the licence holder and the chief officer of police, including reasons for the decision.
(14) A decision under this section does not have effect—
(a) until the end of the period given for appealing against the decision, or
(b) if the decision is appealed against, until the appeal is disposed of.
(15) A decision under subsection (8) or (12) may be appealed (see paragraph 17(5A) of Part 3 of Schedule 5 (appeals: personal licences)).
(4) In paragraph 17 of Part 3 of Schedule 5 (appeals: personal licences) after sub-paragraph (5A) insert—
(5B) Where a licensing authority revokes or suspends a personal licence under section 132A(8) or (12) the holder of the licence may appeal against that decision.
139 Licensing Act 2003: addition of further relevant offences
(1) Schedule 4 to the Licensing Act 2003 (personal licence: relevant offences) is amended as follows.
(2) In paragraph 18 (sexual offences), after paragraph (a) insert—
(aa) listed in Schedule 3 to the Sexual Offences Act 2003 (sexual offences for the purposes of notification and orders);
.
(3) After paragraph 19 (violent offences) insert—
19A An offence listed in Part 1 of Schedule 15 to the Criminal Justice Act 2003 (specified violent offences).
(4) After paragraph 22 (fraud offences) insert—
22ZA An offence under any of the following provisions of the Violent Crime Reduction Act 2006—
(a) section 28 (using someone to mind a weapon);
(b) section 36 (manufacture, import and sale of realistic imitation firearms).
(5) After paragraph 23A (offences under the Psychoactive Substances Act 2016) insert—
23B An offence listed in section 41 of the Counter-Terrorism Act 2008 (terrorism offences).
(1) The Licensing Act 2003 is amended as follows.
(2) In section 5 (statement of licensing policy), after subsection (6C) insert—
(6D) In determining or revising its policy, a licensing authority must have regard to any cumulative impact assessments published by it under section 5A.
(6E) A licensing statement must—
(a) summarise any cumulative impact assessments published by the licensing authority under section 5A, and
(b) explain how the licensing authority has discharged its duty under subsection (6D).
(3) After section 5 insert—
Cumulative impact assessments
5A (1) A licensing authority may publish a document (“a cumulative impact assessment”) stating that the licensing authority considers that the number of relevant authorisations in respect of premises in one or more parts of its area described in the assessment is such that it is likely that it would be inconsistent with the authority's duty under section 4(1) to grant any further relevant authorisations in respect of premises in that part or those parts.
(2) A cumulative impact assessment must set out the evidence for the authority's opinion as set out in the assessment in accordance with subsection (1).
(3) For the purposes of this section, “relevant authorisations” means—
(a) premises licences;
(b) club premises certificates.
(4) A cumulative impact assessment may relate to all relevant authorisations or only to relevant authorisations of a kind described in the assessment.
(5) Before publishing a cumulative impact assessment, the licensing authority must consult the persons mentioned in section 5(3).
(6) For the purposes of the consultation, the licensing authority must provide the persons mentioned in section 5(3) with the following information—
(a) the reasons why it is considering publishing a cumulative impact assessment;
(b) a general indication of the part or parts of its area which it is considering describing in the assessment;
(c) whether it considers that the assessment will relate to all relevant authorisations or only to relevant authorisations of a particular kind.
(7) Where a licensing authority publishes a cumulative impact assessment, it must, before the end of each relevant period, consider whether it remains of the opinion stated in the assessment.
(8) Before deciding whether it remains of that opinion, the licensing authority must consult the persons mentioned in section 5(3).
(9) If the licensing authority is no longer of that opinion—
(a) it must publish a statement to that effect, and
(b) the duties in section 5(6D) and (6E) and subsection (7) of this section cease to apply in relation to the assessment.
(10) If the licensing authority remains of that opinion, it must revise the cumulative impact assessment so that it—
(a) includes a statement to that effect, and
(b) sets out the evidence as to why the authority remains of that opinion.
(11) A licensing authority must publish any revision of a cumulative impact assessment.
(12) In subsection (7), “relevant period” means the period of three years beginning with the publication of the cumulative impact assessment or a revision of the cumulative impact assessment.
(1) Section 125 of the Police Reform and Social Responsibility Act 2011 (late night levy requirement) is amended as follows.
(2) For subsections (1) and (2) substitute—
(1) In this Chapter, “a late night levy requirement” means a requirement to pay a late night levy in accordance with this Chapter.
(2) A licensing authority may decide that a late night levy requirement is to apply in its area or in a part of its area in respect of—
(a) relevant late night alcohol authorisations relating to premises in the area or the part, or
(b) relevant late night alcohol authorisations and relevant late night refreshment authorisations relating to premises in the area or the part.
(2A) Accordingly, references in this Chapter to a late night authorisation to which a late night levy requirement relates are references to any relevant late night alcohol authorisation or relevant late night refreshment authorisation in respect of which the late night levy requirement applies.
(2B) A licensing authority may decide under subsection (2) that different late night levy requirements are to apply in different parts of its area.
(3) In subsection (3)(a), after “supply of alcohol” insert “ or late night refreshment ”.
(4) Omit subsection (4).
(5) Schedule 18 makes further amendments of Chapter 2 of Part 2 of the Police Reform and Social Responsibility Act 2011 (late night levy).
(1) This section sets out definitions that apply for the purposes of this Part.
(2) “EU financial sanctions Regulation” means an EU Regulation adopted under Article 215 of the Treaty on the Functioning of the European Union to the extent that the Regulation—
(a) imposes prohibitions or obligations for one or more of the following purposes—
(i) freezing funds or economic resources;
(ii) preventing funds or economic resources being made available;
(iii) prohibiting or restricting access to financial markets or financial services;
(b) makes provision to supplement prohibitions or obligations of the kind mentioned in paragraph (a).
(3) “UN financial sanctions Resolution” means a resolution adopted by the Security Council of the United Nations to the extent that the resolution provides under article 41 of the Charter of the United Nations for States to take measures that—
(a) impose prohibitions or obligations for one or more of the following purposes—
(i) freezing funds or economic resources;
(ii) preventing funds or economic resources being made available;
(iii) prohibiting or restricting access to financial markets or financial services;
(b) make provision to supplement prohibitions or obligations of the kind mentioned in paragraph (a).
(4) “Financial sanctions legislation” means—
(a) an EU financial sanctions Regulation;
(b) an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation;
(c) a provision of an Act or of subordinate legislation (within the meaning of the Interpretation Act 1978) where the purpose of the provision is to implement a UN financial sanctions Resolution;
(d) a freezing order under section 4 of the Anti-terrorism, Crime and Security Act 2001;
(e) a direction under Schedule 7 to the Counter-Terrorism Act 2008 to the extent that it contains a requirement of a kind mentioned in paragraph 13 of that Schedule (limiting or ceasing business), paragraph 17 of that Schedule and Part 5 of that Schedule so far as it relates to the enforcement of a requirement of a kind mentioned in paragraph 13 of that Schedule.
(f) a provision of regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018 that—
(i) contains a prohibition or requirement imposed for a purpose mentioned in section 3(1) or (2) of that Act;
(ii) makes supplemental provision (within the meaning of section 1(6) of that Act) in connection with any prohibition or requirement mentioned in sub-paragraph (i).
(4A) But “financial sanctions legislation” does not include any provision of regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018 which is specified in the regulations as a provision to be regarded as not being financial sanctions legislation for the purposes of this Part.
(5) The reference in subsection (2) to Article 215 of the Treaty on the Functioning of the European Union includes a reference to any of Articles 60, 301 and 308 of the Treaty establishing the European Community (as it had effect before 1 December 2009).
(1) Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders) is amended in accordance with subsections (2) and (3).
(2) In paragraph 7 (offences), for sub-paragraph (6)(a) and (b) substitute—
(a) on summary conviction—
(i) in England and Wales, to imprisonment for a term not exceeding 12 months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, 6 months) or to a fine, or to both;
(ii) in Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both;
(iii) in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine, or to both.
(3) In that paragraph, in sub-paragraph (7), for the words from “on summary conviction” to the end of the sub-paragraph substitute
—
(a) on summary conviction—
(i) in England and Wales, to imprisonment for a term not exceeding 12 months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, 6 months) or to a fine, or to both;
(ii) in Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both;
(iii) in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.
(4) Schedule 7 to the Counter-Terrorism Act 2008 (terrorist financing and money laundering) is amended in accordance with subsections (5) to (9).
(5) In paragraph 30 (offence of failure to comply with requirement imposed by direction), after sub-paragraph (4) insert—
(4A) In a case where a person is guilty of an offence under this paragraph by failing to comply with a requirement of a kind mentioned in paragraph 13, the person is liable—
(a) on summary conviction—
(i) in England and Wales, to imprisonment for a term not exceeding 12 months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, 6 months) or to a fine, or to both;
(ii) in Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both;
(iii) in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine, or to both.
(6) In sub-paragraph (5) of that paragraph, at the beginning insert “ In any other case, ”.
(7) In paragraph 30A (offence of relevant person circumventing requirements), after sub-paragraph (1) insert—
(1A) In a case where a person is guilty of an offence under this paragraph in relation to a requirement of a kind mentioned in paragraph 13, the person is liable—
(a) on summary conviction—
(i) in England and Wales, to imprisonment for a term not exceeding 12 months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, 6 months) or to a fine, or to both;
(ii) in Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both;
(iii) in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine, or to both.
(8) In sub-paragraph (2) of that paragraph, at the beginning insert “ In any other case, ”.
(9) In paragraph 31 (offences in connection with licences), in sub-paragraph (2), for the words from “on conviction on indictment” to the end of the sub-paragraph substitute
—
(a) on summary conviction—
(i) in England and Wales, to imprisonment for a term not exceeding 12 months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, 6 months) or to a fine, or to both;
(ii) in Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both;
(iii) in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.
(10) The amendments made by this section do not affect the penalty for an offence if any act or other event proof of which is required for conviction of the offence takes place before this section comes into force.
(1) The Treasury may impose a monetary penalty on a person if it is satisfied, on the balance of probabilities, that—
(a) the person has breached a prohibition, or failed to comply with an obligation, that is imposed by or under financial sanctions legislation, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A) In determining for the purposes of subsection (1) whether a person has breached a prohibition, or failed to comply with an obligation, imposed by or under financial sanctions legislation, any requirement imposed by or under that legislation for the person to have known, suspected or believed any matter is to be ignored.
(2) The amount of the penalty is to be such amount as the Treasury may determine but it may not exceed the permitted maximum.
(3) In a case where the breach or failure relates to particular funds or economic resources and it is possible to estimate the value of the funds or economic resources, the permitted maximum is the greater of—
(a) £1,000,000, and
(b) 50% of the estimated value of the funds or resources.
(4) In any other case, the permitted maximum is £1,000,000.
(5) In subsection (3), “funds” and “economic resources” have the same meanings as they have in the financial sanctions legislation that contains the prohibition or obligation in respect of which the monetary penalty is imposed.
(6) The Treasury must keep the amount for the time being specified in subsection (3)(a) or (4) under review.
(7) The Treasury may by regulations made by statutory instrument amend subsection (3)(a) or (4) so as to substitute another amount for the amount for the time being specified in it.
(8) Regulations under subsection (7) may include transitional provision.
(9) Before making regulations under subsection (7), the Treasury must consult such persons as it considers appropriate.
(10) A statutory instrument containing regulations under subsection (7) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(11) Any monetary penalty payable under this section is recoverable by the Treasury as a civil debt.
(12) Any monetary penalty received by the Treasury by virtue of this section must be paid into the Consolidated Fund.
(13) This section does not authorise the imposition of a monetary penalty on the Crown.
(1) Before imposing a monetary penalty on a person under section 146, the Treasury must inform the person of its intention to do so.
(2) The Treasury must also—
(a) explain the grounds for imposing the penalty,
(b) specify the amount of the penalty,
(c) explain that the person is entitled to make representations, and
(d) specify the period within which any such representations must be made.
(3) If (having considered any representations), the Treasury decides to impose the penalty, the Treasury must—
(a) inform the person of its decision,
(b) explain that the person is entitled to seek a review by a Minister of the Crown, and
(c) specify the period within which the person must inform the Treasury that the person wishes to seek such a review.
(4) If the person seeks a review, the Minister may—
(a) uphold the decision to impose the penalty and its amount,
(b) uphold the decision to impose the penalty but substitute a different amount, or
(c) cancel the decision to impose the penalty.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) If on a review under subsection (4) the Minister decides to uphold the Treasury's decision to impose the penalty and its amount, or to uphold the Treasury's decision to impose the penalty but to substitute a different amount, the person may appeal (on any ground) to the Upper Tribunal.
(7) On an appeal under subsection (6), the Upper Tribunal may quash the Minister's decision and if it does so may—
(a) quash the Treasury's decision to impose the penalty;
(b) uphold that decision but substitute a different amount for the amount determined by the Treasury (or, in a case where the Minister substituted a different amount, by the Minister).
(8) In this section, “Minister of the Crown” means the holder of an office in Her Majesty's Government in the United Kingdom.
148 Monetary penalties: bodies corporate and unincorporated associations
(1) If a monetary penalty is payable under section 146 by a body, the Treasury may also impose a monetary penalty on an officer of the body if it is satisfied, on the balance of probabilities, that the breach or failure in respect of which the monetary penalty is payable by the body—
(a) took place with the consent or connivance of the officer, or
(b) was attributable to any neglect on the part of the officer.
(2) In subsection (1)—
“body” means a body corporate, a partnership or an unincorporated body other than a partnership;
“officer of a body” means—
in relation to a body corporate, a director, manager, secretary or other similar officer of the body or a person purporting to act in any such capacity;
in relation to a partnership, a partner or a person purporting to act as a partner;
in relation to an unincorporated body other than a partnership, a person who is concerned in the management or control of the body or purports to act in the capacity of a person so concerned.
(3) Sections 146(2) to (5), (11) and (12) and 147 apply in relation to a monetary penalty that may be imposed under subsection (1) as they apply in relation to a monetary penalty that may be imposed under section 146(1).
(1) The Treasury must issue guidance as to—
(a) the circumstances in which it may consider it appropriate to impose a monetary penalty under section 146 or 148, and
(b) how it will determine the amount of the penalty.
(2) The Treasury must, at such intervals as it considers appropriate, publish reports about the imposition of monetary penalties under section 146 or 148.
(3) The Treasury may also publish reports at such intervals as it considers appropriate in cases where—
(a) a monetary penalty has not been imposed under section 146 or 148, but
(b) the Treasury is satisfied, on the balance of probabilities, that a person has breached a prohibition, or failed to comply with an obligation, that is imposed by or under financial sanctions legislation.
In Part 2 of Schedule 17 to the Crime and Courts Act 2013 (which lists the offences in relation to which a deferred prosecution agreement may be entered into), after paragraph 26 insert—
26A (1) An offence under an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation.
(2) An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution.
(3) An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders).
(4) An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule.
(5) An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008.
(6) In this paragraph—
“EU financial sanctions Regulation” and “UN financial sanctions Resolution” have the same meanings as in Part 8 of the Policing and Crime Act 2017 (see section 143 of that Act);
“subordinate legislation” has the same meaning as in the Interpretation Act 1978.
(1) Schedule 1 to the Serious Crime Act 2007 (which lists the offences in respect of which serious crime prevention orders may be made) is amended as follows.
(2) In Part 1 (England and Wales), after paragraph 13A insert—
Financial sanctions legislation
13B (1) An offence under an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation.
(2) An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution.
(3) An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders).
(4) An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule.
(5) An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008.
(6) In this paragraph—
“EU financial sanctions Regulation” and “UN financial sanctions Resolution” have the same meanings as in Part 8 of the Policing and Crime Act 2017 (see section 143 of that Act);
“subordinate legislation” has the same meaning as in the Interpretation Act 1978.
(3) In Part 1A (Scotland), after paragraph 16M —
Financial sanctions legislation
16MA (1) An offence under an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation.
(2) An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution.
(3) An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders).
(4) An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule.
(5) An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008.
(6) In this paragraph—
“EU financial sanctions Regulation” and “UN financial sanctions Resolution” have the same meanings as in Part 8 of the Policing and Crime Act 2017 (see section 143 of that Act);
“subordinate legislation” has the same meaning as in the Interpretation Act 1978.
(4) In Part 2 (Northern Ireland), after paragraph 29 insert—
Financial sanctions legislation
29A (1) An offence under an instrument made under section 2(2) of the European Communities Act 1972 for the purpose of implementing, or otherwise in relation to, EU obligations created or arising by or under an EU financial sanctions Regulation.
(2) An offence under an Act or under subordinate legislation where the offence was created for the purpose of implementing a UN financial sanctions Resolution.
(3) An offence under paragraph 7 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders).
(4) An offence under paragraph 30 or 30A of Schedule 7 to the Counter-Terrorism Act 2008 where the offence relates to a requirement of the kind mentioned in paragraph 13 of that Schedule.
(5) An offence under paragraph 31 of Schedule 7 to the Counter-Terrorism Act 2008.
(6) In this paragraph—
“EU financial sanctions Regulation” and “UN financial sanctions Resolution” have the same meanings as in Part 8 of the Policing and Crime Act 2017 (see section 143 of that Act);
“subordinate legislation” has the same meaning as in the Interpretation Act 1978.
157 Power to enter into police collaboration agreements
(1) The Police Act 1996 is amended in accordance with subsections (2) to (4).
(2) In section 22A (collaboration agreements)—
(a) in subsection (1)(b), for “and two or more policing bodies” substitute
and—
(i) one or more policing bodies together with one or more other persons, or
(ii) if no other person is a party to the agreement, two or more policing bodies.
;
(b) in subsection (6), for “(1)” substitute “ (1)(a) ”.
(3) In section 23F (collaboration agreements: guidance), after subsection (2) insert—
(3) The Secretary of State may give other persons who exercise functions of a public nature guidance about collaboration agreements or related matters, and those persons must have regard to the guidance in exercising such functions.
(4) In section 23G (collaboration agreements: directions), after subsection (2) insert—
(2A) The Secretary of State may give one or more other persons who exercise functions of a public nature directions about collaboration agreements or related matters.
(5) Schedule 19 contains amendments in relation to cases where the Director General of the National Crime Agency is a party to a collaboration agreement under section 22A of the Police Act 1996 (as amended by this section).
158 Powers of NCA officers in relation to customs matters
(1) The Crime and Courts Act 2013 is amended as follows.
(2) In section 9 (Director General: customs powers of Commissioners & operational powers)—
(a) in subsection (2), after paragraph (b) insert—
(ba) the powers of a general customs official;
;
(b) in subsection (8), in the definition of “operational power”, after paragraph (b) insert—
(ba) a power of a general customs official;
.
(3) In section 10 (operational powers of other NCA officers), in subsection (1) after paragraph (b) insert—
(ba) the powers of a general customs official;
.
(4) In Schedule 5 (police, customs and immigration powers), after Part 5 (designation: powers of officers of Revenue and Customs) insert—
Part 5A Designations: Powers of general customs officials
NCA officers
18A (1) If an NCA officer is designated as a person having the powers of a general customs official, the NCA officer has, in relation to any customs matter, the same powers as a general customs official would have.
(2) But that is subject to any limitation included in the designation.
Powers only exercisable in relation to customs matters
18B If a power of a general customs official is exercisable both—
(a) in relation to a customs matter, and
(b) in relation to any other matter,
the power is exercisable by a designated officer only in relation to the customs matter.
Powers exercisable under warrant
18C (1) This paragraph applies to an enactment if it provides for the issuing of warrants which authorise a general customs official to exercise any power in relation to a customs matter.
(2) For the purpose of enabling a designated officer to exercise that power in relation to a customs matter, the enactment has effect as if the designated officer were a general customs official.
(5) In paragraph 26 of that Schedule (modification of references), after paragraph (c) insert—
(ca) a power of a general customs official is exercisable by any NCA officer, a reference to a general customs official in any enactment which relates to that power is to be taken to be, or to include, a reference to any NCA officer by whom that power is exercisable;
.
(6) In paragraph 27 of that Schedule (power to make further provision), in sub-paragraph (2), after paragraph (d)(ii) insert—
(iia) one or more grades of, or pay scales applicable to, general customs officials;
.
(7) In paragraph 28 of that Schedule (functions of third parties relating to constables etc: extension to NCA), in sub-paragraph (2), after paragraph (c) insert—
(ca) a general customs official,
.
In the UK Borders Act 2007, after section 43 (supply of police information) insert—
Requirement to state nationality
43A (1) An individual who is arrested for an offence must state his or her nationality if required to do so by an immigration officer or a constable in accordance with this section.
(2) A requirement may be imposed on an individual under subsection (1) only if the immigration officer or constable suspects that the individual may not be a British citizen.
(3) When imposing a requirement under subsection (1) the immigration officer or constable must inform the individual that an offence may be committed if the individual fails to comply with a requirement imposed under this section.
(4) The immigration officer or constable must make a written record of the imposition of a requirement under subsection (1) as soon as practicable.
(5) The written record is to be made in the presence of the individual where this is practicable.
Offence of not giving nationality
43B (1) A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed in accordance with section 43A, whether by providing false or incomplete information or by providing no information.
(2) Information provided by a person in response to a requirement imposed in accordance with section 43A is not admissible in evidence in criminal proceedings against that person other than proceedings for an offence under this section.
(3) A person who is guilty of an offence under subsection (1) is liable—
(a) on summary conviction in England and Wales, to either or both of the following—
(i) imprisonment for a term not exceeding 51 weeks (or 6 months if the offence was committed before the commencement of section 281(5) of the Criminal Justice Act 2003);
(ii) a fine;
(b) on summary conviction in Northern Ireland, to either or both of the following—
(i) imprisonment for a term not exceeding 6 months;
(ii) a fine not exceeding level 5 on the standard scale.
In the UK Borders Act 2007, after section 46 (seizure of nationality documents) insert—
Requirement to produce nationality document
46A (1) This section applies where—
(a) an individual has been arrested on suspicion of the commission of an offence, and
(b) the individual is to be released after arrest (whether or not on bail)—
(i) before a decision is taken on whether the individual should be charged with an offence, or
(ii) after being charged with an offence.
(2) Before the individual is released an immigration officer or a constable may give the individual a notice requiring the production of a nationality document not later than 72 hours after the individual is released.
(3) A notice may be given under subsection (2) only if the immigration officer or constable giving it suspects that the individual may not be a British citizen.
(4) A notice under subsection (2) must be given in writing.
(5) The notice must include statements that—
(a) the individual to whom it is given must produce the nationality document not later than 72 hours after the individual is released, and
(b) an offence may be committed if an individual fails to comply with a notice given under this section.
(6) The notice must also set out—
(a) the person to whom the document must be produced, and
(b) the means by which the document must be produced.
(7) In this section, and in sections 46B and 46C—
“nationality document” means a passport relating to the individual or, if there is no passport relating to the individual, one or more documents that enable the individual's nationality or citizenship to be established;
“passport” means—
a United Kingdom passport (within the meaning of the Immigration Act 1971),
a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom, or by or on behalf of an international organisation, or
a document that can be used (in some or all circumstances) instead of a passport.
Retention of nationality document etc
46B (1) An immigration officer or constable may retain a nationality document produced in response to a notice under section 46A (2) while the immigration officer or constable suspects that—
(a) the individual to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and
(b) retention of the document may facilitate the individual's removal.
(2) Section 28I of the Immigration Act 1971 (seized material: access and copying) has effect in relation to a nationality document produced by an individual in response to a notice under section 46A (2) and retained by an immigration officer as if the nationality document had been seized when the individual had custody or control of it.
(3) Section 21 of the Police and Criminal Evidence Act 1984 or Article 23 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (seized material: access and copying) has effect in relation to a nationality document produced by an individual in response to a notice under section 46A (2) and retained by a constable in England and Wales or Northern Ireland as if the nationality document had been seized when the individual had custody or control of it.
Offence of failing to produce nationality document
46C (1) A person commits an offence if, without reasonable excuse, the person fails to comply with a notice given in accordance with section 46A.
(2) The fact that a person deliberately destroyed or disposed of a nationality document is not a reasonable excuse for the purposes of subsection (1) unless the destruction or disposal was—
(a) for a reasonable cause, or
(b) beyond the control of the person charged with the offence.
(3) In subsection (2)(a) “reasonable cause” does not include the purpose of—
(a) delaying the handling or resolution of a claim or application or the taking of a decision,
(b) increasing the chances of success of a claim or application, or
(c) complying with instructions given by a person who offers advice about, or facilitates, immigration into the United Kingdom, unless in the circumstances of the case it is unreasonable to expect non-compliance with the instructions or advice.
(4) A person who is guilty of an offence under subsection (1) is liable—
(a) on summary conviction in England and Wales, to either or both of the following—
(i) imprisonment for a term not exceeding 51 weeks (or 6 months if the offence was committed before the commencement of section 281(5) of the Criminal Justice Act 2003);
(ii) a fine;
(b) on summary conviction in Scotland, to either or both of the following—
(i) imprisonment for a term not exceeding 12 months;
(ii) a fine not exceeding level 5 on the standard scale;
(c) on summary conviction in Northern Ireland, to either or both of the following—
(i) imprisonment for a term not exceeding 6 months;
(ii) a fine not exceeding level 5 on the standard scale.
(1) The Secretary of State may by regulations made by statutory instrument provide for any provision of sections 159 and 160 to come into force for a period of time to be specified in or under the regulations for the purpose of assessing the effectiveness of the provision.
(2) Regulations under subsection (1) may make different provision for different purposes or different areas.
(3) More than one set of regulations may be made under subsection (1).
(4) Provision included in regulations under subsection (1) does not affect the provision that may be included in relation to sections 159 and 160 in regulations under section 183 (commencement).