(1) In Part 1 of Schedule 2 to the Housing Act 1985 (grounds on which court may order possession in relation to secure tenancies if it considers it reasonable), after Ground 2 there is inserted—
Ground 2ZA
The tenant or an adult residing in the dwelling-house has been convicted of an indictable offence which took place during, and at the scene of, a riot in the United Kingdom.
In this Ground—
“adult” means a person aged 18 or over;
“indictable offence” does not include an offence that is triable only summarily by virtue of section 22 of the Magistrates' Courts Act 1980 (either way offences where value involved is small);
“riot” is to be construed in accordance with section 1 of the Public Order Act 1986.
This Ground applies only in relation to dwelling-houses in England.
(2) In Part 2 of Schedule 2 to the Housing Act 1988 (grounds on which court may order possession in relation to assured tenancies if it considers it reasonable), after Ground 14 there is inserted—
Ground 14ZA
The tenant or an adult residing in the dwelling-house has been convicted of an indictable offence which took place during, and at the scene of, a riot in the United Kingdom.
In this Ground—
“adult” means a person aged 18 or over;
“indictable offence” does not include an offence that is triable only summarily by virtue of section 22 of the Magistrates' Courts Act 1980 (either way offences where value involved is small);
“riot” is to be construed in accordance with section 1 of the Public Order Act 1986.
This Ground applies only in relation to dwelling-houses in England.
100 Restrictions where new possession proceedings in progress etc
(1) In section 138 of the Housing Act 1985 (right to buy: suspension of duty of landlord to convey freehold or grant lease)—
(a) in subsection (2A)(a), for “or Ground 2 possession order” there is substituted “ , Ground 2 or 2ZA possession order or section 84A possession order ”;
(b) in subsection (2B)(a), for “or an operative Ground 2 possession order” there is substituted “ , an operative Ground 2 or 2ZA possession order or an operative section 84A possession order ”;
(c) in subsection (2C), for the definition of “Ground 2 possession order” there is substituted—
“Ground 2 or 2ZA possession order” means an order for possession under Ground 2 or Ground 2ZA in Schedule 2;
;
(d) for the definition of “operative Ground 2 possession order” there is substituted—
“ “operative Ground 2 or 2ZA possession order” means an order made under Ground 2 or Ground 2ZA in Schedule 2 which requires possession of the dwelling-house to be given up on a date specified in the order;”;
(e) after that definition there is inserted—
“operative section 84A possession order” means an order under section 84A which requires possession of the dwelling-house to be given up on a date specified in the order;
“section 84A possession order” means an order for possession under section 84A;
.
(2) In Schedule 3 to that Act (grounds for withholding consent to assignment of secure tenancy by way of exchange), after Ground 2 there is inserted—
Ground 2ZA
Proceedings have been begun for possession of the dwelling-house, of which the tenant or the proposed assignee is the secure tenant, under section 84A (absolute ground for possession for anti-social behaviour), or there has been served on the tenant or the proposed assignee a notice under section 83ZA (notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour) which is still in force.
(3) In Schedule 14 to the Localism Act 2011 (grounds on which landlord may refuse to surrender and grant tenancies in pursuance of a request under section 158 of that Act)—
(a) after Ground 4 there is inserted—
Ground 4A
4A (1) This ground is that either of the following conditions is met.
(2) The first condition is that—
(a) proceedings have begun for possession of a dwelling-house let on an existing tenancy which is a secure tenancy, and
(b) possession is sought under section 84A of the Housing Act 1985 (absolute ground for possession for anti-social behaviour).
(3) The second condition is that—
(a) a notice has been served on a relevant tenant under section 83ZA of that Act (notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour), and
(b) the notice is still in force.
;
(b) after Ground 5 there is inserted—
Ground 5A
5A (1) This ground is that either of the following conditions is met.
(2) The first condition is that—
(a) proceedings have begun for possession of a dwelling-house let on an existing tenancy which is an assured tenancy, and
(b) possession is sought on ground 7A in Part 1 of Schedule 2 to the Housing Act 1988 (absolute ground for possession for anti-social behaviour).
(3) The second condition is that—
(a) a notice has been served on a relevant tenant under section 8 of that Act (notice of proceedings for possession), and
(b) the notice specifies ground 7A and is still in force.
(1) Each local policing body must prepare a community remedy document for its area, and may revise it at any time.
(2) A community remedy document is a list of actions any of which might, in the opinion of the local policing body, be appropriate in a particular case to be carried out by a person who—
(a) has engaged in anti-social behaviour or has committed an offence, and
(b) is to be dealt with for that behaviour or offence without court proceedings.
(3) For the purposes of subsection (2), an action is appropriate to be carried out by a person only if it has one or more of the following objects—
(a) assisting in the person's rehabilitation;
(b) ensuring that the person makes reparation for the behaviour or offence in question;
(c) punishing the person.
(4) In preparing or revising the community remedy document for its area a local policing body must—
(a) have regard to the need to promote public confidence in the out-of-court disposal process;
(b) have regard to any guidance issued by the Secretary of State about how local policing bodies are to discharge their functions under this section;
(c) carry out the necessary consultation and take account of all views expressed by those consulted.
(5) In subsection (4)(c) “the necessary consultation” means—
(a) consultation with the chief officer of police for the area,
(b) consultation with the local authority for any part of the area,
(c) consultation with whatever community representatives the local policing body thinks it appropriate to consult, and
(d) whatever other public consultation the local policing body thinks appropriate.
(6) A local policing body must agree the community remedy document for its area, and any revised document, with the chief officer of police for the area.
(7) Once the community remedy document, or a revised document, has been agreed with the chief officer of police, the local policing body must publish it in whatever way it thinks appropriate.
(8) The Secretary of State must publish any guidance issued under subsection (4)(b).
(9) In this section—
“anti-social behaviour” means—
conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, or
housing-related anti-social conduct as defined by section 2 (ignoring subsection (2) of that section);
“community representative”, in relation to a police area, means any individual or body appearing to the local policing body to represent the views of people who live in, work in or visit the area;
“local authority” means—
in relation to England, a district council, a county council for an area for which there is no district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
in relation to Wales, a county council or a county borough council;
‘ “out-of-court disposal process” means the process by which a person is dealt with under section 102 or by means of a conditional caution or youth conditional caution.
(1) This section applies where—
(a) a person (P) within subsection (2) has evidence that an individual (A) has engaged in anti-social behaviour or committed an offence,
(b) A admits to P that he or she has done so,
(c) P thinks that the evidence is enough for taking proceedings against A for a respect order under section A1 or an injunction under Part 1, or taking other court proceedings, but decides that it would be appropriate for A to carry out action of some sort instead, and
(d) if the evidence is that A has committed an offence, P does not think that it would be more appropriate for A to be given a caution or a fixed penalty notice.
(2) The persons within this subsection are—
(a) a constable;
(b) an investigating officer;
(c) a person authorised by a relevant prosecutor for the purposes of section 22 of the Criminal Justice Act 2003 (conditional cautions) or section 66A of the Crime and Disorder Act 1998 (youth conditional cautions).
(3) Before deciding what action to invite A to carry out, P must make reasonable efforts to obtain the views of the victim (if any) of the anti-social behaviour or the offence, and in particular the victim's views as to whether A should carry out any of the actions listed in the community remedy document.
(4) If the victim expresses the view that A should carry out a particular action listed in the community remedy document, P must invite A to carry out that action unless it seems to P that it would be inappropriate to do so.
(5) Where—
(a) there is more than one victim and they express different views, or
(b) for any other reason subsection (4) does not apply,
P must nevertheless take account of any views expressed by the victim (or victims) in deciding what action to invite A to carry out.
(6) In this section—
“action” includes the making of a payment to the victim (but does not include the payment of a fixed penalty);
“anti-social behaviour” means—
conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, or
housing-related anti-social conduct, as defined by section 2 (ignoring subsection (2) of that section);
“community remedy document” means the community remedy document (as revised from time to time) published under section 101 for the police area in which A's anti-social behaviour or offence took place;
“caution”—
in the case of a person aged 18 or over, includes a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003;
in the case of a person under that age, means a youth caution or youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998;
“investigating officer” and “relevant prosecutor” have the same meaning as in Part 3 of the Criminal Justice Act 2003 (see section 27 of that Act);
“victim” means the particular person who seems to P to have been affected, or principally affected, by A's anti-social behaviour or offence.
(1) In Part 3 of the Criminal Justice Act 2003 (conditional cautions), after section 23 there is inserted—
Duty to consult victims
23ZA (1) Before deciding what conditions to attach to a conditional caution, a relevant prosecutor or the authorised person must make reasonable efforts to obtain the views of the victim (if any) of the offence, and in particular the victim's views as to whether the offender should carry out any of the actions listed in the community remedy document.
(2) If the victim expresses the view that the offender should carry out a particular action listed in the community remedy document, the prosecutor or authorised person must attach that as a condition unless it seems to the prosecutor or authorised person that it would be inappropriate to do so.
(3) Where—
(a) there is more than one victim and they express different views, or
(b) for any other reason subsection (2) does not apply,
the prosecutor or authorised person must nevertheless take account of any views expressed by the victim (or victims) in deciding what conditions to attach to the conditional caution.
(4) In this section—
“community remedy document” means the community remedy document (as revised from time to time) published under section 101 of the Anti-social Behaviour, Crime and Policing Act 2014 for the police area in which the offence was committed;
“victim” means the particular person who seems to the relevant prosecutor or authorised person to have been affected, or principally affected, by the offence.
(2) After section 66B of the Crime and Disorder Act 1998 (requirements for youth conditional cautions) there is inserted—
Duty to consult victims
66BA (1) Before deciding what conditions to attach to a youth conditional caution, a relevant prosecutor or the authorised person must make reasonable efforts to obtain the views of the victim (if any) of the offence, and in particular the victim's views as to whether the offender should carry out any of the actions listed in the community remedy document.
(2) If the victim expresses the view that the offender should carry out a particular action listed in the community remedy document, the prosecutor or authorised person must attach that as a condition unless it seems to the prosecutor or authorised person that it would be inappropriate to do so.
(3) Where—
(a) there is more than one victim and they express different views, or
(b) for any other reason subsection (2) does not apply,
the prosecutor or authorised person must nevertheless take account of any views expressed by the victim (or victims) in deciding what conditions to attach to the conditional caution.
(4) In this section—
“community remedy document” means the community remedy document (as revised from time to time) published under section 101 of the Anti-social Behaviour, Crime and Policing Act 2014 for the police area in which the offence was committed;
“victim” means the particular person who seems to the relevant prosecutor or authorised person to have been affected, or principally affected, by the offence.
(1) In a case where a person has made a complaint about anti-social behaviour in a particular local government area, the relevant bodies in that area must carry out a review of the response to that behaviour (an “ASB case review)” if—
(a) that person, or any other person, makes an application for such a review, and
(b) the relevant bodies decide that the threshold for a review is met.
(2) The relevant bodies in each local government area must—
(a) make arrangements about the carrying out of ASB case reviews by those bodies (“review procedures”), and
(b) ensure that the current review procedures are published.
(3) The review procedures must include provision about the making of applications for ASB case reviews; and, in particular, must—
(a) specify the point of contact for making applications, and
(b) ensure that applications made to that point of contact are passed on to all the relevant bodies in the local government area.
(4) In a situation where—
(a) an application for an ASB case review is made, and
(b) at least three (or, if a different number is specified in the review procedures, at least that number of) qualifying complaints have been made about the anti-social behaviour to which the application relates,
the relevant bodies must decide that the threshold for a review is met.
(5) In any other situation where an application for an ASB case review is made, the question whether the threshold for a review is met must be decided by the relevant bodies in accordance with the review procedures; and the procedures may, in particular, include provision for this purpose which is framed by reference to any of these matters—
(a) the persistence of the anti-social behaviour about which the original complaint was made;
(b) the harm caused, or the potential for harm to be caused, by that behaviour;
(c) the adequacy of the response to that behaviour.
(6) After the relevant bodies have decided whether or not the threshold for a review is met, they must inform the applicant of their decision.
(7) The relevant bodies who carry out an ASB case review may make recommendations to a person who exercises public functions (including recommendations to a relevant body) in respect of any matters arising from the review; and the person must have regard to the recommendations in exercising public functions.
(8) The relevant bodies who carry out an ASB case review must inform the applicant of—
(a) the outcome of the review, and
(b) any recommendations made in accordance with subsection (7).
(9) As soon as practicable after the end of a reporting period, the relevant bodies in a local government area must publish information about the following matters which relates to that period—
(a) the number of applications for ASB case reviews made to those bodies;
(b) the number of times those bodies decided that the threshold for a review was not met;
(c) the number of ASB case reviews those bodies have carried out;
(d) the number of ASB case reviews carried out by those bodies that have resulted in recommendations being made.
(10) The question whether a complaint made about anti-social behaviour is a “qualifying complaint” for the purposes of subsection (4) is to be determined in accordance with subsections (11) and (12).
(11) A complaint about anti-social behaviour is a qualifying complaint if—
(a) the complaint is made within the period of one month (or, if a different period is specified in the review procedures, that period) beginning with the date on which the behaviour is alleged to have occurred; and
(b) the application for the ASB case review is made within the period of six months (or, if a different period is specified in the review procedures, that period) beginning with the date on which the complaint is made.
(12) But where a person makes two or more complaints about anti-social behaviour which meet the requirements in subsection (11), the question of which complaint is, or which complaints are, qualifying complaints is to be decided by the relevant bodies in accordance with the review procedures.
The procedures may, in particular, include provision for this purpose which is framed by reference to whether different complaints relate to different aspects of particular anti-social behaviour (including different incidents comprised in particular anti-social behaviour).
(13) Schedule 4 (ASB case reviews: supplementary provision) has effect.
(1) This section applies for the purposes of section 104, this section and Schedule 4.
(2) In relation to England—
“local government area” means an area for which there is—
a relevant district council, or
a unitary authority;
“relevant district council” means the council of a district so far as it is not a unitary authority;
“unitary authority” means—
the council of a county so far as it is the council for an area for which there are no district councils,
the council of any district comprised in an area for which there is no county council,
a London borough council,
the Common Council of the City of London in its capacity as a local authority, or
the Council of the Isles of Scilly;
and, in relation to a local government area in England—
“local provider of social housing” means a private registered provider of social housing that—
grants tenancies of dwelling-houses in that area, or
manages any house or other property in that area;
“relevant bodies” means—
the relevant district council or the unitary authority,
the chief officer of police for the police area which that local government area is within,
each integrated care board established under section 14Z25 of the National Health Service Act 2006 whose area is wholly or partly within that local government area, and
any local providers of social housing who are among the relevant bodies by virtue of the co-option arrangements made in relation to that local government area.
(3) In relation to Wales—
“local government area” means—
a county, or
a county borough;
and, in relation to a local government area in Wales—
“local provider of social housing” means a body registered as a social landlord under section 3 of the Housing Act 1996 that—
grants tenancies of dwelling-houses in that area, or
manages any house or other property in that area;
“relevant bodies” means—
the council for the area,
the chief officer of police for the police area which that local government area is within,
each Local Health Board whose area is wholly or partly within that local government area, and
any local providers of social housing who are among the relevant bodies by virtue of the co-option arrangements made in relation to that local government area.
(4) These expressions have the meanings given—
“anti-social behaviour” means behaviour causing harassment, alarm or distress to members or any member of the public;
“applicant” means a person who makes an application for an ASB case review;
“ASB case review” has the meaning given in section 104(1);
“dwelling-house” has the same meaning as in the Housing Act 1985;
“co-option arrangements” has the meaning given in paragraph 5 of Schedule 4;
“reporting period”, in relation to the publication of information by the relevant bodies in a local government area, means a period, not exceeding 12 months, determined by those bodies.
105A Provision of information to Secretary of State
(1) The Secretary of State may by regulations make provision requiring specified relevant authorities to provide to the Secretary of State specified information relating to anti-social behaviour.
(2) The information that regulations may require a relevant authority to provide includes in particular information about—
(a) reports of anti-social behaviour made to the authority,
(b) responses of the authority to anti-social behaviour, and
(c) ASB case reviews carried out by the relevant authority.
(3) The regulations may require a relevant authority to—
(a) collect or otherwise obtain information,
(b) create information,
(c) retain information, or
(d) process information (including by collating or analysing it),
for the purpose of providing information under the regulations.
(4) The regulations may make provision—
(a) requiring information to be provided at specified intervals or on specified occasions;
(b) about the form and manner in which information must be provided.
(5) The regulations may make different provision for different purposes.
(6) Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(7) The requirement in subsection (6) may be satisfied by consultation carried out wholly or partly before this section comes into force.
(8) In this section—
“anti-social behaviour” includes—
conduct that is anti-social behaviour for the purposes of any provision of this Act,
unreasonable conduct that has or is likely to have a detrimental effect, of a persistent or continuing nature, on the quality of life of those in a locality, and
the use of premises that has resulted or is likely to result in nuisance to members of the public, or that has been or is likely to be associated with disorder near the premises;
“ASB case review” has the same meaning as in section 104;
“relevant authority” means—
a person mentioned in section 5(1) (persons entitled to apply for injunctions under Part 1) other than the Secretary of State,
an integrated care board established under section 14Z25 of the National Health Service Act 2006 for an area in England, or
a Local Health Board for an area in Wales;
“specified” means specified in the regulations.
(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 ”.
(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.
(1) The Firearms Act 1968 is amended as set out in subsections (2) to (8).
(2) In section 5 (which includes, in subsections (1) and (1A), offences of unauthorised possession etc of prohibited weapons and ammunition)—
(a) in subsection (1) the words “, or manufactures, sells or transfers” are omitted;
(b) in subsection (1A) the words “or sells or transfers” are omitted.
(3) After subsection (2) of that section there is inserted—
(2A) A person commits an offence if without authority—
(a) he manufactures any weapon or ammunition specified in subsection (1) of this section,
(b) he sells or transfers any prohibited weapon or prohibited ammunition,
(c) he has in his possession for sale or transfer any prohibited weapon or prohibited ammunition, or
(d) he purchases or acquires for sale or transfer any prohibited weapon or prohibited ammunition.
(4) For subsection (3) of that section there is substituted—
(3) In this section “authority” means an authority given in writing by—
(a) the Secretary of State (in or as regards England and Wales), or
(b) the Scottish Ministers (in or as regards Scotland).
(5) In section 5A (exemptions from requirement of authority under section 5)—
(a) in subsections (1), (3), (4), (5), (6) and (7), the words “subsection (1A) of” are omitted;
(b) in subsections (1) and (3), for “any prohibited weapon or ammunition” there is substituted “ any weapon, ammunition or missile specified in subsection (1A) of that section ”.
(6) In section 51A (minimum sentences for certain offences), in subsection (1A), before paragraph (a) there is inserted—
(za) section 5(2A) (manufacture, sale or transfer of firearm, or possession etc for sale or transfer);
.
(7) In Schedule 6 (prosecution and punishment of offences), in Part 1 (table of punishments) the words “or distributing” are omitted in the entries for—
(a) section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c),
(b) section 5(1)(b),
(c) section 5(1A)(a), and
(d) section 5(1A)(b), (c), (d), (e), (f) or (g).
(8) In Part 1 of that Schedule, after the entry for section 5(1A)(b), (c), (d), (e), (f) or (g) there is inserted—
Section 5(2A) | Manufacturing or distributing, or possessing for distribution, prohibited weapons or ammunition | On indictment | Imprisonment for life.
(9) In section 1 of the Firearms (Amendment) Act 1997 (extension of section 5 of the 1968 Act to prohibit certain small firearms etc), after subsection (7) there is inserted—
(7A) In sections 2 to 7 below any reference to subsection (1)(aba) of section 5 of the 1968 Act shall include a reference to subsection (2A) of that section as it applies in relation to a firearm specified in subsection (1)(aba) of that section.
(7B) In section 8 below the reference to subsection (1)(aba), (b) or (c) of section 5 of the 1968 Act shall include a reference to subsection (2A) of that section as it applies in relation to any weapon or ammunition specified in subsection (1)(aba), (b) or (c) of that section.
109 Functions of Scottish Ministers under Firearms Acts
(1) In section 5 of the Firearms Act 1968 (weapons subject to general prohibition)—
(a) in subsections (1) and (1A), for the words between “commits an offence if,” and “, he has in his possession” there is substituted “ without authority ”;
(b) in subsection (4), for the words from the beginning to “the Scottish Ministers” there is substituted “ An authority shall be subject to conditions specified in it, including such as the Secretary of State or the Scottish Ministers (as appropriate) ”;
(c) in subsection (6), for the words before “revoke an authority” there is substituted “ The Secretary of State or the Scottish Ministers (as appropriate) may at any time, if they think fit, ”.
(2) In section 5A of that Act (exemptions from requirement of authority under section 5)—
(a) in subsections (1), (2)(a), (2)(b), (3), (4), (5), (6) and (7), for “or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998)” there is substituted “ or the Scottish Ministers ”;
(b) in subsection (6), for the words after “without the authority of the Secretary of State” there is substituted “ or the Scottish Ministers (as appropriate) ”.
(3) In the Firearms (Amendment) Act 1997—
(a) in sections 2, 3, 4, 5, 6, 7(1) and 8 (exemptions from prohibition on small firearms etc), for “The authority of the Secretary of State or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998)” there is substituted “ The authority of the Secretary of State or the Scottish Ministers ”;
(b) in section 7(3), for the words “or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998)”, in the first place where they occur, there is substituted “ or the Scottish Ministers ”.
(4) In the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750)—
(a) in Schedule 1, in the entry for the Firearms Act 1968, the words “5 and” are omitted;
(b) in Schedule 5, paragraph 3 and paragraph 18(2) to (6), (7)(a) and (8) are omitted.
110 Possession of firearms by persons previously convicted of crime
(1) In section 21 of the Firearms Act 1968 (possession of firearms by persons previously convicted of crime), before subsection (3) there is inserted—
(2C) Where—
(a) a person has been sentenced to imprisonment for a term of three months or more, and
(b) the sentence is suspended under section 189 of the Criminal Justice Act 2003,
the person shall not have a firearm or ammunition in his possession at any time during the period of five years beginning with the second day after the date on which the sentence is passed.
(2) In section 58(2) of that Act (saving for antique firearms), for “Nothing in this Act” there is substituted
Apart from—
(a) section 21 and Schedule 3, and
(b) any other provision of this Act so far as it applies in relation to an offence under section 21,
nothing in this Act
.
(3) Where—
(a) a person is in possession of a firearm or ammunition immediately before the day on which subsection (1) comes into force,
(b) by reason of a sentence imposed before that day, subsection (1) would (but for this subsection) make the person's possession of the firearm or ammunition subject to a prohibition under section 21 of the Firearms Act 1968, and
(c) the person's possession of the firearm or ammunition immediately before that day is authorised by a certificate within the meaning given in section 57(4) of that Act,
the prohibition does not apply while the certificate remains in force.
111 Increased penalty for improper importation of firearms etc
(1) The Customs and Excise Management Act 1979 is amended as follows.
(2) In section 50 (penalty for improper importation of goods), in subsection (5A) (firearms and counterfeit currency etc), for the words after “shall have effect” there is substituted “as if for the words “imprisonment for a term not exceeding 7 years” there were substituted the words “ imprisonment for life ””.
(3) In that section—
(a) in subsection (4), after “(5A),” there is inserted “ (5AA), ”;
(b) at the end of paragraph (a) of subsection (5A) there is inserted “or”;
(c) paragraph (c) of that subsection and the word “or” before it are omitted;
(d) after that subsection there is inserted—
(5AA) In the case of an offence under subsection (2) or (3) above committed in connection with the prohibition contained in section 20 of the Forgery and Counterfeiting Act 1981, subsection (4)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 10 years ”.
(4) In section 170 (penalty for fraudulent evasion of duty or prohibition, etc), in subsection (4A) (firearms and counterfeit currency etc)—
(a) in paragraph (a), for “subsection (2) or (3)” there is substituted “ subsection (1) or (2) ”;
(b) for the words after “shall have effect” there is substituted “as if for the words “imprisonment for a term not exceeding 7 years” there were substituted the words “ imprisonment for life ””.
(5) In that section—
(a) in subsection (3), after “(4A),” there is inserted “ (4AA), ”;
(b) at the end of paragraph (a) of subsection (4A) there is inserted “or”;
(c) paragraph (c) of that subsection and the word “or” before it are omitted;
(d) after that subsection there is inserted—
(4AA) In the case of an offence under subsection (1) or (2) above committed in connection with the prohibitions contained in sections 20 and 21 of the Forgery and Counterfeiting Act 1981, subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 10 years ”.
(6) In section 68 (offences in relation to exportation of prohibited or restricted goods), in subsection (4A) (firearms and counterfeit currency etc)—
(a) in paragraph (a) the words “or (3)” are omitted”;
(b) for the words after “shall have effect” there is substituted “as if for the words “imprisonment for a term not exceeding 7 years” there were substituted the words “ imprisonment for life ””.
(7) In that section—
(a) in subsection (3), after “(4A)” there is inserted “ , (4AA) ”;
(b) at the end of paragraph (a) of subsection (4A) there is inserted “or”;
(c) paragraph (c) of that subsection and the word “or” before it are omitted;
(d) after that subsection there is inserted—
(4AA) In the case of an offence under subsection (2) above committed in connection with the prohibition contained in section 21 of the Forgery and Counterfeiting Act 1981, subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 10 years ”.
112 British Transport Police: Crown status under Firearms Act 1968
(1) In section 54 of the Firearms Act 1968 (application to Crown servants), in subsection (3), at the end of paragraph (d) there is inserted
, or
(e) a member of the British Transport Police Force, or
(f) a person employed by the British Transport Police Authority who is under the direction and control of the Chief Constable of the British Transport Police Force.
(2) The following are repealed—
(a) subsections (3A) and (3B) of section 54 of the Firearms Act 1968, and
(b) paragraph 9 of Schedule 7 to the Anti-terrorism, Crime and Security Act 2001 (which inserted those subsections).
113 Sexual harm prevention orders and sexual risk orders, etc
(1) Schedule 5 (amendments of Parts 2 and 3 of the Sexual Offences Act 2003) has effect.
(2) In section 142 of the Sexual Offences Act 2003 (extent etc)—
(a) in subsection (2) (provisions that extend to Northern Ireland, as well as England and Wales), for paragraph (c) there is substituted—
(c) sections 80 to 85, 86 to 88, 89 to 91, 92 to 96, 96B to 103, 122F and 130 to 136ZD;
(ca) Part 2A;
;
(b) after that subsection there is inserted—
(2A) Sections 85A, 96A, 96AA, 110, 117A, 119 and 123 to 129 and Schedule 3A extend only to Northern Ireland.
(c) In subsection (3) (provisions that extend to Scotland, as well as England and Wales) for paragraph (a) there is substituted—
(a) sections 80 to 85, 86 to 88, 89 to 91, 92, 94 to 96, 97 to 103, 122F, 130 to 132 and 133 to 136ZB;
;
(d) after that subsection there is inserted—
(3A) Sections 88A to 88I, 96A, 111A, 117B, 120 and 121 extend only to Scotland.
(3B) Sections 104 to 109, 111, 112 to 117, 118 and 122 extend to Northern Ireland and Scotland but not to England and Wales.
(3C) The references to section 96A in subsections (2A) and (3A) are references respectively to—
(a) the section 96A inserted by the Criminal Justice Act (Northern Ireland) 2013, and
(b) the section 96A inserted by the Police, Public Order and Criminal Justice (Scotland) Act 2006.
(1) In this section—
“the 2003 Act” means the Sexual Offences Act 2003;
“existing order” means—
a sexual offences prevention order under section 104 of the 2003 Act;
a foreign travel order under section 114 of that Act;
a risk of sexual harm order under section 123 of that Act;
“new order” means—
a sexual harm prevention order (made under section 103A of the 2003 Act, inserted by Schedule 5);
a sexual risk order (made under section 122A of that Act, inserted by that Schedule);
“old order” means—
a restraining order under section 5A of the Sex Offenders Act 1997;
a sex offender order under section 2 of the Crime and Disorder Act 1998.
(2) The repeal or amendment by this Act of sections 104 to 122 or sections 123 to 129 of the 2003 Act does not apply in relation to—
(a) an application made before the commencement day for an existing order;
(b) an existing order (whether made before or after that day) applied for before that day;
(c) anything done in connection with such an application or order.
(3) The following sections of the 2003 Act inserted by Schedule 5 apply (as appropriate) to an old order as they apply to a new order—
(a) section 103E (variation, renewal and discharge of sexual harm prevention order);
(b) section 103I (offence of breach of sexual harm prevention order);
(c) section 122D (variation, renewal and discharge of sexual risk order);
(d) section 122H (offence of breach of sexual risk order).
(4) As from the commencement day there may be no variation of an existing order or an old order that extends the period of the order or of any of its provisions.
(5) At the end of the period of 5 years beginning with the commencement day—
(a) in relation to any existing order or old order that is still in force, sections 103E and 103I of the 2003 Act or sections 122D and 122H of that Act (as appropriate) have effect, with any necessary modifications (and with any modifications specified in an order under section 185(7) of this Act), as if the provisions of the order were provisions of a new order;
(b) subsections (2) and (3) cease to have effect.
(6) In this section “commencement day” means the day on which this section comes into force.
(1) Schedule 6 (amendments of Part 2A of the Sexual Offences Act 2003) has effect.
(2) For the purposes of sections 136BA and 136D(7A) of the Sexual Offences Act 2003 (inserted by that Schedule), it does not matter whether the offence or offences in question were committed before, or on or after, the date on which this section comes into force.
116 Information about guests at hotels believed to be used for child sexual exploitation
(1) A police officer of at least the rank of inspector may issue a notice under this section to the owner, operator or manager of a hotel that the officer reasonably believes has been or will be used for the purposes of—
(a) child sexual exploitation, or
(b) conduct that is preparatory to, or otherwise connected with, child sexual exploitation.
(2) A notice under this section must be in writing and must—
(a) specify the hotel to which it relates;
(b) specify the date on which it comes into effect and the date on which it expires;
(c) explain the effect of subsections (4) and (5) and sections 117 and 118.
(3) The date on which the notice expires must not be more than 6 months after the date on which it comes into effect.
(4) A constable may require a person issued with a notice under this section to provide the constable with information about guests at the hotel.
(5) The only information that a constable may require under subsection (4) is—
(a) guests' names and addresses;
(b) other information about guests that—
(i) is specified in regulations made by the Secretary of State, and
(ii) can be readily obtained from one or more of the guests themselves.
(6) A requirement under subsection (4)—
(a) must be in writing;
(b) must specify the period to which the requirement relates;
(c) must specify the date or dates on or by which the required information is to be provided.
The period specified under paragraph (b) must begin no earlier than the time when the requirement is imposed and must end no later than the expiry of the notice under this section.
(7) In this section—
“child sexual exploitation” means conduct that constitutes an offence listed in subsection (8)(a) or (b), or an offence listed in subsection (8)(c) or (d) against a person under 18;
“guest” means a person who, for a charge payable by that person or another, has the use of a guest room at the hotel in question;
“hotel” includes any guest house or other establishment of a similar kind at which accommodation is provided for a charge.
(8) The offences are—
(a) an offence under any of the following sections of the Sexual Offences Act 2003—
sections 5 to 8 (rape and other offences against children under 13);
sections 9 to 13 (child sex offences);
sections 16 to 19 (abuse of position of trust);
sections 25 and 26 (familial child sex offences);
sections 47 to 50 (abuse of children through sexual exploitation);
(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 the Sexual Offences Act 2003—
sections 1 to 4 (rape, assault and causing sexual activity without consent);
sections 30 to 41 (persons with a mental disorder impeding choice, inducements etc to persons with a mental disorder, and care workers for persons with a mental disorder);
section 59A (trafficking people for sexual exploitation);
section 61 (administering a substance with intent);
sections 66 , 66A, 66B(2) and (3) and 67 (exposure , sending etc photograph or film of genitals, sharing intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification and voyeurism).
(d) an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).
(1) A person issued with a notice under section 116 may appeal against it to a magistrates' court.
(2) An appeal must be made within the period of 21 days beginning with the day on which the person is issued with the notice.
(3) Where there is an appeal against a notice under section 116, then until the appeal is finally determined or withdrawn—
(a) no requirement may be imposed under subsection (4) of that section in relation to the premises in question;
(b) any such requirement already imposed is of no effect.
(4) A magistrates' court hearing an appeal against a notice under section 116 must—
(a) quash the notice,
(b) modify the notice, or
(c) dismiss the appeal.
(1) An offence is committed by a person who fails without reasonable excuse to comply with a requirement imposed on the person under section 116(4).
(2) An offence is committed by a person who, in response to a requirement imposed on the person under section 116(4), provides incorrect information which the person—
(a) did not take reasonable steps to verify or to have verified, or
(b) knows to be incorrect.
(3) A person does not commit an offence under subsection (2)(a) if there were no steps that the person could reasonably have taken to verify the information or to have it verified.
(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) In section 98 of the Criminal Justice and Immigration Act 2008 (violent offender orders), after subsection (5) there is inserted—
(6) The Secretary of State may by order—
(a) amend subsection (3);
(b) make consequential amendments to subsection (4).
(2) In section 147(5) of that Act (orders etc subject to affirmative resolution procedure), after paragraph (d) there is inserted—
(da) an order under section 98(6),
.
(3) In section 99 of that Act (qualifying offenders), in paragraph (b) of subsection (5) (meaning of “relevant offence”) after “a specified offence” there is inserted “ , or the offence of murder, ”.
120 Offence of breaching forced marriage protection order
(1) The Family Law Act 1996 is amended as follows.
(2) After section 63C there is inserted—
Offence of breaching order
63CA (1) A person who without reasonable excuse does anything that the person is prohibited from doing by a forced marriage protection order is guilty of an offence.
(2) In the case of a forced marriage protection order made by virtue of section 63D(1), a person can be guilty of an offence under this section only in respect of conduct engaged in at a time when the person was aware of the existence of the order.
(3) Where a person is convicted of an offence under this section in respect of any conduct, that conduct is not punishable as a contempt of court.
(4) A person cannot be convicted of an offence under this section in respect of any conduct which has been punished as a contempt of court.
(5) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both;
(b) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine, or both.
(6) A reference in any enactment to proceedings under this Part, or to an order under this Part, does not include a reference to proceedings for an offence under this section or to an order made in proceedings for such an offence.
(7) “Enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978.
(3) For subsections (1) to (3) of section 63E there is substituted—
(1) In any case where the court has power to make a forced marriage protection order, the court may accept an undertaking from the respondent instead of making the order.
(2) But a court may not accept an undertaking under subsection (1) if it appears to the court—
(a) that the respondent has used or threatened violence against the person to be protected, and
(b) that, for the person's protection, it is necessary to make a forced marriage protection order so that any breach of it by the respondent may be punishable under section 63CA.
(4) In section 63J(2), for “the order” there is substituted “ a forced marriage protection order ”.
(5) The following are repealed—
(a) section 63G(6) and (7);
(b) section 63H;
(c) section 63I;
(d) section 63J(1);
(e) in section 63K(1) the words “under section 63I(3) or”;
(f) section 63L(4)(a).
(6) This section applies only in relation to conduct occurring on or after the day on which it comes into force.
(7) In relation to an offence committed before 2 May 2022, the reference to 12 months in section 63CA(5)(b) of the Family Law Act 1996 (inserted by subsection (2) above) is to be read as a reference to six months.
(1) A person commits an offence under the law of England and Wales if he or she—
(a) uses violence, threats or any other form of coercion for the purpose of causing another person to enter into a marriage, and
(b) believes, or ought reasonably to believe, that the conduct may cause the other person to enter into the marriage without free and full consent.
(2) In relation to a victim who lacks capacity to consent to marriage, the offence under subsection (1) is capable of being committed by any conduct carried out for the purpose of causing the victim to enter into a marriage (whether or not the conduct amounts to violence, threats or any other form coercion).
(3) A person commits an offence under the law of England and Wales if he or she—
(a) practises any form of deception with the intention of causing another person to leave the United Kingdom, and
(b) intends the other person to be subjected to conduct outside the United Kingdom that is an offence under subsection (1) or would be an offence under that subsection if the victim were in England or Wales.
(3A) A person commits an offence under the law of England and Wales if he or she carries out any conduct for the purpose of causing a child to enter into a marriage before the child’s eighteenth birthday (whether or not the conduct amounts to violence, threats, any other form of coercion or deception, and whether or not it is carried out in England and Wales).
(4) “Marriage” means any religious or civil ceremony of marriage (whether or not legally binding).
(5) “Lacks capacity” means lacks capacity within the meaning of the Mental Capacity Act 2005.
(5A) “Child” means a person under the age of 18 years.
(6) It is irrelevant whether the conduct mentioned in paragraph (a) of subsection (1) or subsection (3A) is directed at the victim of the offence under either of those subsections or another person.
(7) A person commits an offence under subsection (1) or (3) only if, at the time of the conduct or deception—
(a) the person or the victim or both of them are in England or Wales,
(b) neither the person nor the victim is in England or Wales but at least one of them is habitually resident in England and Wales, or
(c) neither the person nor the victim is in the United Kingdom but at least one of them is a UK national.
(7A) A person commits an offence under subsection (3A) only if—
(a) the conduct is for the purpose of causing the child to enter into a marriage in England or Wales,
(b) at the time of the conduct, the person or child is habitually resident in England and Wales, or
(c) at the time of the conduct, the child is a United Kingdom national who—
(i) has been habitually resident in England and Wales, and
(ii) is not habitually resident or domiciled in Scotland or Northern Ireland.
(8) “UK national” means an individual who is—
(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;
(b) a person who under the British Nationality Act 1981 is a British subject; or
(c) a British protected person within the meaning of that Act.
(9) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years.
(10) In relation to an offence committed before 2 May 2022, the reference to the general limit in a magistrates’ court in subsection (9)(a) is to be read as a reference to six months.
122 Offence of forced marriage or forced civil partnership: Scotland
(1) A person commits an offence under the law of Scotland if he or she—
(a) uses violence, threats or any other form of coercion for the purpose of causing another person to enter into a marriage or civil partnership, and
(b) believes, or ought reasonably to believe, that the conduct may cause the other person to enter into the marriage or civil partnership without free and full consent.
(2) In relation to a victim who is incapable of consenting to marriage or civil partnership by reason of mental disorder, the offence under subsection (1) is capable of being committed by any conduct carried out for the purpose of causing the victim to enter into a marriage or civil partnership (whether or not the conduct amounts to violence, threats or any other form coercion).
(3) A person commits an offence under the law of Scotland if he or she—
(a) practises any form of deception with the intention of causing another person to leave the United Kingdom, and
(b) intends the other person to be subjected to conduct outside the United Kingdom that is an offence under subsection (1) or would be an offence under that subsection if the victim were in Scotland.
(4) “Marriage” means any religious or civil ceremony of marriage (whether or not legally binding).
(4A) “Civil partnership” includes—
(a) a civil partnership which exists by virtue of the Civil Partnership Act 2004, and
(b) a purported civil partnership.
(5) “Mental disorder” has the meaning given by section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003.
(6) It is irrelevant whether the conduct mentioned in paragraph (a) of subsection (1) is directed at the victim of the offence under that subsection or another person.
(7) A person commits an offence under subsection (1) or (3) only if, at the time of the conduct or deception—
(a) the person or the victim or both of them are in Scotland,
(b) neither the person nor the victim is in Scotland but at least one of them is habitually resident in Scotland, or
(c) neither the person nor the victim is in the United Kingdom but at least one of them is a UK national.
(8) “UK national” means an individual who is—
(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;
(b) a person who under the British Nationality Act 1981 is a British subject; or
(c) a British protected person within the meaning of that Act.
(9) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine or both.
123 Regulations to be prepared or approved by the College
(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.
(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 ”.
125 Guidance by the College about employment of civilian staff
After section 53D of the Police Act 1996 there is inserted—
Civilian staff
Guidance about civilian staff employed by local policing bodies and chief officers
53E (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.
After section 40B of the Police Act 1996 there is inserted—
Power to give directions to College of Policing
40C (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.
After section 95 of the Police Act 1996 there is inserted—
Charging of fees by College of Policing
95A (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.
128 Appointment of senior police officers as staff of the College
After section 100 of the Police Act 1996 there is inserted—
Appointment of senior police officers as staff of College of Policing
100A (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.
After section 100A of the Police Act 1996 (inserted by section 128 above) there is inserted—
Disclosure of information to College of Policing
100B 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.
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—
College of Policing
26BA (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.
131 Abolition of Police Negotiating Board for the United Kingdom
(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.
132 Establishment of Police Remuneration Review Body
(1) After Part 3 of the Police Act 1996 there is inserted—
PART 3A The Police Remuneration Review Body
The Police Remuneration Review Body
64A (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.
Reports by the Police Remuneration Review Body
64B (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.
133 Consultation about regulations: England and Wales
(1) After section 52 of the Police Act 1996 there is inserted—
Regulations about hours, leave or pay: consultation etc
52A (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.
134 Consultation about regulations: Northern Ireland
(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—
Regulations about hours, leave, pay or equipment: consultation etc
25A (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.
In section 12 of the Police Reform Act 2002 (complaints, matters and persons to which Part 2 applies), at the end there is inserted—
(8) The Secretary of State may make regulations providing that, for the purposes of this Part and of any regulations made under this Part—
(a) a contractor,
(b) a sub-contractor of a contractor, or
(c) an employee of a contractor or a sub-contractor,
is to be treated as a person serving with the police.
(9) Regulations under subsection (8) may make modifications to this Part, and to any regulations made under this Part, in its application to those persons.
(10) In subsection (8) “contractor” means a person who has entered into a contract with a local policing body or a chief officer to provide services to a chief officer.
136 Application to IPCC of provisions about investigation of offences
(1) In Schedule 3 to the Police Reform Act 2002 (handling of complaints and conduct matters etc), paragraph 19 (investigations by the Independent Police Complaints Commission itself) is amended as follows.
(2) In sub-paragraph (6), for the words from “provide that such provisions” to “shall apply” there is substituted
provide that—
(a) such provisions of the 1984 Act relating to investigations of offences conducted by police officers as may be specified in the order, and
(b) such provisions of a code of practice under section 60, 60A or 66 of that Act as may be so specified,
shall apply
.
(3) After sub-paragraph (6) there is inserted—
(6A) An order under sub-paragraph (6) may, in particular, provide that where a provision applied by the order allows a power to be exercised only if an authorisation is given by a police officer of or above a particular rank, the authorisation may be given by a member of the Commission's staff of or above a specified grade.