(1) An anonymity order, in relation to a person (“D”) charged with (or convicted of) a qualifying offence, is an order made by a court that requires specified measures to be taken in relation to D to ensure that the identity of D is withheld from the public in proceedings before the court.
(2) For the purposes of subsection (1), the kinds of measures that may be required to be taken in relation to D include measures for securing one or more of the following—
(a) that identifying details relating to D be withheld from the public in proceedings before the court;
(b) that D is screened to any specified extent;
(c) that D’s voice is subjected to modulation to any specified extent.
(3) An anonymity order may not require—
(a) D to be screened to such an extent that D cannot be seen by—
(i) the judge or other members of the court (if any), or
(ii) the jury (if there is one);
(b) D’s voice to be modulated to such an extent that D’s natural voice cannot be heard by any persons within paragraph (a)(i) or (ii).
(4) The court that made an anonymity order may vary or discharge the order if satisfied that it is necessary in the interests of justice to do so.
(5) In this section—
“qualifying offence” has the meaning given by section 200(2);
“specified” means specified in the anonymity order concerned.
(1) Part 4 of the Police Act 1996 (complaints, disciplinary proceedings etc) is amended as set out in subsections (2) to (8).
(2) In section 85 (appeals against dismissal etc)—
(a) in the heading, for “dismissal etc.” substitute “decisions made in disciplinary and other proceedings”;
(b) after subsection (1) insert—
(1A) The Secretary of State may by rules make provision enabling a chief officer of police for a police area to appeal to a police appeals tribunal against a decision made in proceedings relating to—
(a) a member or former member of the police force maintained for that area, or
(b) a special constable or former special constable appointed for that area.
(1B) The Secretary of State may by rules make provision enabling a local policing body to appeal to a police appeals tribunal against a decision made in proceedings relating to—
(a) the chief officer of police of the police force for which the body is responsible, or
(b) any former chief officer of police of that police force.
(1C) The Secretary of State may by rules make provision enabling the Director General of the Independent Office for Police Conduct to appeal to a police appeals tribunal against a decision made in proceedings at which the Director General presented the case.
;
(c) in subsection (2), for “appellant” substitute “person to whom the appeal relates”.
(3) Schedule 6 (appeals to police appeals tribunals) is amended as set out in subsections (4) to (8).
(4) In paragraph 1(1) (constitution of police appeals tribunals: senior officers), for “by”, in the first place it occurs, substitute “relating to”.
(5) In paragraph 2(1) (constitution of police appeals tribunals: persons other than senior officers), for “by”, in the first place it occurs, substitute “relating to”.
(6) In paragraph 7 (orders of police appeals tribunals)—
(a) in sub-paragraph (1) at the end insert—
But this is subject to sub-paragraph (4).
;
(b) in sub-paragraphs (2) and (3), for “appellant” substitute “person to whom the appeal relates”;
(c) at the end insert—
(4) In a case where—
(a) on the determination of an appeal the tribunal makes an order the effect of which is to dismiss the person to whom the appeal relates, and
(b) the decision that is the subject of the appeal had not been a decision to dismiss the person,
the order takes effect on the date on which it is made.
(7) For paragraph 9 (including the italic heading before it) substitute—
Parties’ costs: appeals by officer concerned
9 (1) This paragraph applies in the case of an appeal by and relating to—
(a) a member or former member of a police force, or
(b) a special constable or former special constable.
(2) The appellant’s costs are to be paid by the appellant unless the police appeals tribunal directs that the whole or any part of those costs are to be paid by the respondent.
(3) The respondent’s costs are to be paid by the respondent.
Parties’ costs: appeals by chief officer of police or local policing body
9A (1) This paragraph applies in the case of an appeal by—
(a) a chief officer of police (except where the chief officer of police is the person to whom the appeal relates), or
(b) a local policing body.
(2) The appellant’s costs are to be paid by the appellant.
(3) The respondent’s costs are to be paid by the respondent unless the police appeals tribunal directs that the whole or any part of those costs are to be paid by the appellant.
Parties’ costs: appeals by IOPC
9B (1) This paragraph applies in the case of an appeal by the Director General of the Independent Office for Police Conduct (“the Director General”).
(2) The Director General’s costs are to be paid by the Director General unless—
(a) the police appeals tribunal directs that the whole or any part of those costs are to be paid by the appropriate authority, or
(b) sub-paragraph (3) applies.
(3) The Director General’s costs are to be paid by the appropriate authority where the decision appealed against was made in proceedings—
(a) which the Director General directed the appropriate authority to bring, and
(b) at which the appropriate authority and the Director General agreed that the Director General should present the case.
(4) The respondent’s costs are to be paid by the respondent unless the police appeals tribunal directs that the whole or any part of those costs are to be paid by the Director General.
(5) In this paragraph “appropriate authority” means—
(a) where the person to whom the appeal relates is or was a chief officer of police, the local policing body which brought the proceedings in which the decision appealed against was made;
(b) in any other case, the chief officer of police who brought the proceedings in which the decision appealed against was made.
Other costs of appeals
9C (1) The costs and expenses of an appeal under or by virtue of section 85, other than the appellant’s costs or the respondent’s costs, are to be met out of the police fund of the relevant local policing body.
(2) In sub-paragraph (1), the reference to the costs and expenses of an appeal includes any remuneration or expenses paid by virtue of paragraph 8.
(8) In paragraph 10, in paragraphs (b) and (ba), for “appellant”, in each place it occurs, substitute “person to whom the appeal relates”.
(9) In the Ministry of Defence Police Act 1987, in section 4A (appeals against dismissal etc)—
(a) in subsection (1), after paragraph (a) insert—
(aa) make provision enabling the chief constable of the Ministry of Defence Police to appeal to a police appeals tribunal against a decision relating to—
(i) a member of the Ministry of Defence Police other than a senior officer, or
(ii) a former member of the Ministry of Defence Police who immediately before ceasing to be such a member was not a senior officer;
(ab) make provision enabling the Secretary of State to appeal to a police appeals tribunal against a decision relating to—
(i) a senior officer of the Ministry of Defence Police, or
(ii) a former member of the Ministry of Defence Police who immediately before ceasing to be such a member was a senior officer;
(ac) make provision enabling the Director General of the Independent Office for Police Conduct to appeal to a police appeals tribunal against a decision made in proceedings at which the Director General presented the case;
(ad) make provision enabling the Police Ombudsman for Northern Ireland to appeal to a police appeals tribunal against a decision made in proceedings at which the Ombudsman presented the case;
;
(b) in subsection (2), for “appellant” substitute “person to whom the appeal relates”;
(c) after subsection (4) insert—
(4A) Regulations under this section may provide for decisions relating to appeals which would otherwise fall to be taken by the Secretary of State or the chief constable of the Ministry of Defence Police to be taken instead by—
(a) a person appointed in accordance with the regulations, or
(b) the Ministry of Defence Police Committee.
;
(d) in subsection (7), at the end insert—
“senior officer” has the same meaning as in section 4.
205 Law enforcement employers may not employ etc barred persons
(1) Before employing or appointing any person, a law enforcement employer must check each barred list to ascertain whether the proposed employee or proposed appointee is a barred person.
(2) A law enforcement employer may not employ a barred person or otherwise appoint a barred person to any position.
(3) For the purposes of this section a person who is to be seconded to work for a law enforcement employer, and who will not be employed by that person, is to be regarded as being appointed by that person.
(4) Before designating a person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002, a chief officer of police, and the Chief Constable of the British Transport Police Force, must check each barred list to ascertain whether the person is a barred person.
(5) A chief officer of police, and the Chief Constable of the British Transport Police Force, may not designate a barred person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002.
(6) A law enforcement employer may not enter into a contract for the provision of services if the terms of the contract would permit a barred person to be involved in the exercise of law enforcement functions.
(7) A local policing body may not enter into a contract for the provision of services to a chief officer of police if the terms of the contract would permit a barred person to be involved in the exercise of law enforcement functions.
(8) In this section “barred list” means—
(a) the police barred list maintained under Part 4A of the Police Act 1996;
(b) the British Transport Police barred list;
(c) the Civil Nuclear Constabulary barred list;
(d) the Ministry of Defence Police barred list;
(e) the National Crime Agency barred list;
(f) the Scottish police barred list maintained under section 59A of the Police and Fire Reform (Scotland) Act 2012 (asp 8).
(9) In this section “barred person” means a person who is included in a barred list.
(1) In section 205 “law enforcement employer” means—
(a) a chief officer of police;
(b) the Director General of the National Crime Agency;
(c) the Chief Constable of the British Transport Police Force;
(d) the British Transport Police Authority;
(e) the Civil Nuclear Police Authority;
(f) a local policing body;
(g) the chief inspector of constabulary appointed under section 54 of the Police Act 1996;
(h) the Independent Office for Police Conduct;
(i) the Secretary of State, when exercising functions relating to the Ministry of Defence Police;
(j) the College of Policing;
(k) a person specified in regulations made by the Secretary of State.
(2) A person may be specified in regulations under subsection (1)(k) only if the person has law enforcement functions.
(3) If a person has both law enforcement functions and other functions, the person may be specified only—
(a) in relation to the exercise of the person’s law enforcement functions, or
(b) in relation to the exercise of such of those law enforcement functions as are of a description specified in the regulations.
(4) Subsection (1)(i) does not preclude the Secretary of State being specified in relation to the exercise of law enforcement functions of a description not within that subsection.
(5) In this section “law enforcement functions” means functions of a public nature that relate to policing or law enforcement.
(6) Regulations under this section may not contain provision which would be within the legislative competence of the Scottish Parliament, if contained in an Act of that Parliament.
(7) Regulations under this section may not contain provision which—
(a) would be within the legislative competence of the Northern Ireland Assembly, if it were contained in an Act of that Assembly, and
(b) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.
207 Application of section 205 to Secretary of State
(1) The duties in section 205(1) and (2) apply in relation to the Secretary of State only to the extent that the proposed employee or proposed appointee will be involved in the exercise of the functions of the Ministry of Defence Police.
(2) The additional duties in subsections (3) and (4) apply where the Secretary of State is proposing to arrange for an existing employee or existing appointee to become involved in the exercise of the functions of the Ministry of Defence Police (not having previously been so involved).
(3) Before making the arrangement, the Secretary of State must check each barred list to ascertain whether the existing employee or existing appointee is a barred person.
(4) The Secretary of State may not arrange for an existing employee or existing appointee who is a barred person to become involved in the exercise of the functions of the Ministry of Defence Police.
(5) For the purposes of this section, a person who is seconded to work for the Secretary of State is to be regarded as an existing appointee of the Secretary of State (if not an existing employee).
(6) In this section references to the Secretary of State are to be read in accordance with section 206(1)(i).
208 Application of section 205 to specified law enforcement employer
(1) The duties in section 205(1) and (2) apply in relation to a specified law enforcement employer only to the extent that the proposed employee or proposed appointee will be involved in the exercise of specified law enforcement functions.
(2) The additional duties in subsections (3) and (4) apply where a specified law enforcement employer is proposing to arrange for an existing employee or existing appointee to become involved in the exercise of specified law enforcement functions (not having previously been so involved).
(3) Before making the arrangement, the specified law enforcement employer must check each barred list to ascertain whether the existing employee or existing appointee is a barred person.
(4) The specified law enforcement employer may not arrange for an existing employee or existing appointee who is a barred person to become involved in the exercise of specified law enforcement functions.
(5) For the purposes of this section, a person who is seconded to work for a specified law enforcement employer is to be regarded as an existing appointee of that person (if not an existing employee).
(6) In relation to a specified law enforcement employer, section 205(6) applies as if the references to law enforcement functions were to specified law enforcement functions.
(7) In this section—
“specified law enforcement employer” means a person who is specified as a law enforcement employer in regulations under section 206(1)(k);
“specified law enforcement functions” means the law enforcement functions in relation to the exercise of which the person is specified.
209 Duty of law enforcement employers to check advisory lists
(1) Before employing or appointing any person, a law enforcement employer must check each advisory list to ascertain whether the proposed employee or proposed appointee is included in an advisory list.
(2) For the purposes of this section a person who is to be seconded to work for a law enforcement employer, and who will not be employed by that person, is to be regarded as being appointed by that person.
(3) Before designating a person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002, a chief officer of police, and the Chief Constable of the British Transport Police Force, must check each advisory list to ascertain whether the person is included in an advisory list.
(4) The duty in subsection (1) applies to the Secretary of State only to the extent that the proposed employee or proposed appointee will be involved in the exercise of the functions of the Ministry of Defence Police.
(5) In subsection (4) the reference to the Secretary of State is to be read in accordance with section 206(1)(i).
(6) In this section “advisory list” means—
(a) the police advisory list maintained under Part 4A of the Police Act 1996;
(b) the British Transport Police advisory list;
(c) the Civil Nuclear Constabulary advisory list;
(d) the Ministry of Defence Police advisory list;
(e) the National Crime Agency advisory list;
(f) the Scottish police advisory list maintained under section 59A of the Police and Fire Reform (Scotland) Act 2012 (asp 8).
210 Application of section 209 to specified law enforcement employer
(1) The duty in section 209(1) applies to a specified law enforcement employer only to the extent that the proposed employee or proposed appointee will be involved in the exercise of specified law enforcement functions.
(2) The additional duty in subsection (3) applies where a specified law enforcement employer is proposing to arrange for an existing employee or existing appointee to become involved in the exercise of specified law enforcement functions (not having previously been so involved).
(3) Before making the arrangement, the specified law enforcement employer must check each advisory list to ascertain whether the existing employee or existing appointee is included in an advisory list.
(4) For the purposes of this section a person who is seconded to work for a specified person is to be regarded as an existing appointee of that person (if not an existing employee of that person).
(5) In this section—
“specified law enforcement employer” means a person who is specified as a law enforcement employer in regulations under section 206(1)(k);
“specified law enforcement functions” means the law enforcement functions in relation to the exercise of which the person is specified.
In sections 205 to 210—
“advisory list” has the meaning given by section 209(6);
“barred list” has the meaning given by section 205(8);
“barred person” has the meaning given by section 205(9);
“British Transport Police advisory list” means the advisory list maintained by the British Transport Police Authority under Part 2 of Schedule 25;
“British Transport Police barred list” means the barred persons list maintained by the British Transport Police Authority under Part 1 of Schedule 25;
“chief officer of police” has the same meaning as in the Police Act 1996 (see section 101(1) of that Act);
“Civil Nuclear Constabulary advisory list” means the advisory list maintained by the Civil Nuclear Police Authority under Part 2 of Schedule 25;
“Civil Nuclear Constabulary barred list” means the barred persons list maintained by the Civil Nuclear Police Authority under Part 1 of Schedule 25;
“law enforcement employer” has the meaning given by section 206(1);
“law enforcement functions” has the meaning given by section 206(5);
“Ministry of Defence Police advisory list” means the advisory list maintained by the Secretary of State under Part 2 of Schedule 25;
“Ministry of Defence Police barred list” means the barred persons list maintained by the Secretary of State under Part 1 of Schedule 25;
“National Crime Agency advisory list” means the advisory list maintained by the Director General of the National Crime Agency under Part 2 of Schedule 25;
“National Crime Agency barred list” means the barred persons list maintained by the Director General of the National Crime Agency under Part 1 of Schedule 25.
212 Special police forces: barred persons lists and advisory lists
Schedule 25 makes provision for barred persons lists and advisory lists to be maintained by—
(a) the British Transport Police Authority,
(b) the Civil Nuclear Police Authority,
(c) the Director General of the National Crime Agency, and
(d) the Secretary of State.
(1) In the Police Act 1996 omit—
(a) sections 88C to 88E (effect of inclusion in police barred list);
(b) section 88K (effect of inclusion in police advisory list).
(2) The Police Reform and Social Responsibility Act 2011 is amended as follows.
(3) In section 42(3AA) (person on police barred list not eligible for appointment as Commissioner of Police of the Metropolis)—
(a) the words from “the police” to the end become paragraph (a);
(b) after that paragraph insert—
(b) the British Transport Police barred list (within the meaning of section 211 of the Crime and Policing Act 2026;
(c) the Civil Nuclear Constabulary barred list (within the meaning of that section);
(d) the Ministry of Defence Police barred list (within the meaning of that section);
(e) the National Crime Agency barred list (within the meaning of that section);
(f) the Scottish police barred list maintained under section 59A of the Police and Fire Reform (Scotland) Act 2012 (asp 8).
(4) In section 43(3B) (person on police barred list not eligible for appointment as Deputy Commissioner of Police of the Metropolis)—
(a) the words from “the police” to the end become paragraph (a);
(b) after that paragraph insert—
(b) the British Transport Police barred list (within the meaning of section 211 of the Crime and Policing Act 2026;
(c) the Civil Nuclear Constabulary barred list (within the meaning of that section);
(d) the Ministry of Defence Police barred list (within the meaning of that section);
(e) the National Crime Agency barred list (within the meaning of that section);
(f) the Scottish police barred list maintained under section 59A of the Police and Fire Reform (Scotland) Act 2012 (asp 8).
214 Power to give directions to critical police undertakings
In the Police Act 1996, after section 40C insert—
Power to give directions to critical police undertakings
40D (1) The Secretary of State may give a notice under this section to a critical police undertaking.
(2) An undertaking is a “critical police undertaking” if—
(a) it provides facilities or services to two or more police forces,
(b) the provision of facilities or services to police forces is its principal business activity,
(c) it is wholly or partly funded by grants from the Secretary of State, and
(d) the Secretary of State considers that the facilities or services it provides to police forces are calculated to promote the efficiency and effectiveness of the police.
(3) A critical police undertaking to which a notice is given under this section must comply with any directions given to it under this section by the Secretary of State.
(4) A direction under this section is a direction requiring the critical police undertaking to which it is given to take, or not to take, action specified in the direction.
(5) The action that a direction may require a critical police undertaking to take includes (for example)—
(a) entering into agreements, including contracts of employment;
(b) appointing officers;
(c) exercising a function of management in a particular way;
(d) providing information to the Secretary of State.
(6) The Secretary of State may give a notice or direction under this section only if the Secretary of State considers that giving the notice or direction is calculated to promote the efficiency and effectiveness of the police.
(7) Before giving a notice or direction under this section the Secretary of State must consult the critical police undertaking to which the notice or direction is to be given.
(8) A notice or direction under this section must be given in writing.
(9) The Secretary of State must lay before Parliament, and publish, a notice or direction given under this section.
(10) The Secretary of State may vary or revoke a notice or direction given under this section by giving a further notice or direction under this section.
(11) In this section “undertaking” has the meaning given by section 1161(1) of the Companies Act 2006.
219 Electronic monitoring of compliance with order: England and Wales
(1) A youth diversion order made by a court in England and Wales may impose on the respondent a requirement (an “electronic monitoring requirement”) to submit to electronic monitoring of the respondent’s compliance with prohibitions or requirements imposed by the order.
This is subject to section 220.
(2) A youth diversion order that includes an electronic monitoring requirement must specify the person who is to be responsible for the monitoring.
(3) The person specified under subsection (2) (“the responsible person”) must be of a description specified in regulations made by the Secretary of State by statutory instrument.
(4) Where a youth diversion order imposes an electronic monitoring requirement, the respondent must (among other things)—
(a) submit, as required from time to time by the responsible person, to—
(i) being fitted with, or the installation of, any necessary apparatus, and
(ii) the inspection or repair of any apparatus fitted or installed for the purposes of the monitoring;
(b) not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring;
(c) take any steps required by the responsible person for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.
These obligations have effect as requirements of the order.
221 Data from electronic monitoring in England and Wales: code of practice
The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring of persons under electronic monitoring requirements (within the meaning of section 219) imposed by youth diversion orders in England and Wales.
(1) A relevant person (as defined by section 225) may appeal against a decision made—
(a) on an application under section 215 (application for youth diversion order);
(b) under section 224 (interim youth diversion orders);
(c) on an application under section 225 (application for variation or discharge of order).
(2) An appeal under subsection (1) is to be made—
(a) in England and Wales, to the Crown Court;
(b) in Scotland, to the Sheriff Appeal Court;
(c) in Northern Ireland, to the county court.
(3) On an appeal under this section, the court may make—
(a) such orders as may be necessary to give effect to its determination of the appeal, and
(b) such incidental and consequential orders as appear to it to be appropriate.
(4) Rules of court may provide that an appeal from a decision—
(a) to dismiss an application for a youth diversion order made without notice being given to the respondent, or
(b) to refuse to make an interim youth diversion order when adjourning proceedings following such an application,
may be made without notice being given to the respondent.
(1) The Secretary of State must issue guidance to chief officers of police about—
(a) matters to be taken into account by chief officers of police before making an application for a youth diversion order, including alternatives to making an application,
(b) how chief officers of police are to comply with their duties to consult under section 222, and
(c) the circumstances in which it may be appropriate for chief officers of police to consult persons other than those mentioned in section 222 before making an application for a youth diversion order or the variation or discharge of such an order.
(2) The Secretary of State may—
(a) issue guidance to chief officers of police about the exercise of their other functions in respect of youth diversion orders, and
(b) revise any guidance under this section.
(3) A chief officer of police must have regard to any guidance under this section when exercising a function to which the guidance relates.
(4) Before issuing or revising any guidance, the Secretary of State must consult—
(a) the Youth Justice Board for England and Wales;
(b) the Scottish Ministers;
(c) the Youth Justice Agency in Northern Ireland;
(d) the National Police Chiefs’ Council;
(e) the chief constable of the Police Service of Scotland;
(f) the chief constable of the Police Service of Northern Ireland;
(g) the Director of Public Prosecutions;
(h) the Lord Advocate;
(i) the Director of Public Prosecutions for Northern Ireland;
(j) the person appointed under section 36 of the Terrorism Act 2006;
(k) such other persons as the Secretary of State considers appropriate.
(5) Any guidance or revisions come into force on a day specified in regulations made by the Secretary of State.
(6) Subsections (4) and (5) do not apply to revisions that the Secretary of State considers are not substantial.
(7) The Secretary of State must lay before Parliament—
(a) any guidance or revisions issued under this section, and
(b) in the case of revisions, a statement of whether the Secretary of State considers them to be substantial and, if not, of the reasons why.
(8) The Secretary of State must publish any guidance or revisions issued under this section.
229 Rules of court about anonymity for respondents
(1) Rules of court relating to YDO proceedings may make provision for—
(a) the making by chief officers of police or the respondent of an application to a court for an order requiring anonymity for the respondent, and
(b) the making by the court, on such an application, of an order requiring such anonymity.
(2) In this section references to an order requiring anonymity for the respondent are to an order by a court which imposes such prohibitions or restrictions as it considers appropriate on the disclosure (by persons generally, or by such persons as the court specifies or describes) of—
(a) the identity of the respondent, or
(b) any information that would tend to identify the respondent.
(3) In this section “YDO proceedings” means—
(a) proceedings under or by virtue of this Chapter, or
(b) proceedings on an appeal against a decision made in any such proceedings.
232 Prevention of terrorism and state threats: weapons etc
(1) In Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011, in paragraph 6A (weapons and explosives measure)—
(a) in sub-paragraph (1)—
(i) before paragraph (a) insert—
(za) a prohibition on possessing things of a specified description;
(zb) a prohibition on possessing things of a specified description without the permission of the Secretary of State;
;
(ii) in paragraph (a) omit “offensive weapons,”;
(b) after sub-paragraph (1) insert—
(1A) The descriptions of things which may be specified under sub-paragraph (1)(za) or (zb) are—
(a) any description of corrosive substances (as defined by section 6 of the Offensive Weapons Act 2019);
(b) any description of motor vehicles;
(c) any description of things made or adapted for use for causing injury to the person;
(d) any other description of things which the Secretary of State reasonably considers could be used for causing injury to the person.
;
(c) in sub-paragraph (2) omit the definition of “offensive weapon”.
(2) In Schedule 7 to the National Security Act 2023 (prevention and investigation measures), in paragraph 7 (weapons and explosives measure)—
(a) in sub-paragraph (1)—
(i) before paragraph (a) insert—
(za) a prohibition on possessing things of a specified description;
(zb) a prohibition on possessing things of a specified description without the permission of the Secretary of State;
;
(ii) in paragraph (a) omit “offensive weapons,”;
(b) after sub-paragraph (1) insert—
(1A) The descriptions of things which may be specified under sub-paragraph (1)(za) or (zb) are—
(a) any description of corrosive substances (as defined by section 6 of the Offensive Weapons Act 2019);
(b) any description of motor vehicles;
(c) any description of things made or adapted for use for causing injury to the person;
(d) any other description of things which the Secretary of State reasonably considers could be used for causing injury to the person.
;
(c) in sub-paragraph (2) omit the definition of “offensive weapon”.
(3) The amendments made by this section apply in relation to notices served before (as well as those served after) this section comes into force.
233 Offence of wearing or displaying articles in support of proscribed organisation
(1) Section 13 of the Terrorism Act 2000 (offence of wearing or displaying articles in support of proscribed organisation) is amended as follows.
(2) After subsection (1) insert—
(1ZA) A person commits an offence if, on relevant premises, the person—
(a) wears an item of clothing, or
(b) wears, carries or displays an article,
in such a way or in such circumstances as to arouse reasonable suspicion that the person is a member or supporter of a proscribed organisation.
(3) In subsection (4)—
(a) in paragraph (a) after “(1)” insert “or (1ZA)”;
(b) in paragraph (b)—
(i) the words from “the evidence” to the end become sub-paragraph (i);
(ii) after that sub-paragraph insert
, or
(ii) the item or article continuing to be displayed.
(4) After subsection (6) insert—
(7) An item of clothing or other article seized by a constable under subsection (4) may be destroyed.
(8) In subsection (1ZA) “relevant premises” means any land and buildings used for the purposes of, or in connection with—
(a) a prison within the meaning of the Prison Act 1952;
(b) a young offender institution within the meaning of section 43(1) of that Act;
(c) a secure training centre within the meaning of section 43(1) of that Act;
(d) approved premises within the meaning of section 13 of the Offender Management Act 2007;
(e) a prison within the meaning of the Prisons (Scotland) Act 1989;
(f) a young offenders institution within the meaning of section 19(1) of that Act;
(g) a prison within the meaning of the Prison Act (Northern Ireland) 1953 (c. 18 (N.I.));
(h) a young offenders centre within the meaning of section 2 of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.));
(i) a juvenile justice centre within the meaning of Article 51 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9));
(j) service custody premises within the meaning of section 300 of the Armed Forces Act 2006;
(k) a removal centre within the meaning of section 147 of the Immigration and Asylum Act 1999.
(5) In the Armed Forces Act 2006, after section 93ZD (inserted by section 172) insert—
Powers of seizure equivalent to powers under section 13 of the Terrorism Act 2000
93ZE (1) This section applies in relation to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under section 13(1ZA) of the Terrorism Act 2000 (wearing or displaying articles in support of proscribed organisation).
(2) Section 13(4) to (7) of the Terrorism Act 2000 (powers of seizure) applies in relation to the offence under section 42 as it applies to an offence under section 13(1ZA) of the Terrorism Act 2000, but reading references to a constable as references to a service policeman.
235 Sentences for offence of breaching foreign travel restriction order
Schedule 27 contains amendments about sentences for an offence under paragraph 15 of Schedule 5 to the Counter-Terrorism Act 2008 (breach of foreign travel restriction order).
236 Length of terrorism sentence with fixed licence period: Northern Ireland
(1) In Article 7 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))—
(a) in paragraph (2) omit “Articles 13A, 14 and 15A and”;
(b) in paragraph (3) before sub-paragraph (a) insert—
(za) Articles 13A and 14 of this Order;
.
(2) The amendments made by this section apply in relation to convictions occurring on or after the day on which this section comes into force.
237 Terrorism offences excepted from defence for slavery or trafficking victims
(1) Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply) is amended as follows.
(2) In paragraph 29 (offences under the Terrorism Act 2000)—
(a) before the entry for section 54 insert—
section 11 (membership of a proscribed organisation)
section 12 (support of a proscribed organisation)
section 15 (fund-raising for terrorism)
section 16 (use and possession of property for terrorism)
section 17 (funding arrangements)
section 17A (insurance against payments made in response to terrorist demands)
section 18 (money laundering)
section 19 (disclosure of information: duty)
section 21A (failure to disclose: regulated sector)
section 38B (information about acts of terrorism)
section 39 (disclosure of information prejudicial to investigation)
;
(b) after the entry for section 57 insert—
section 58 (collection of information)
section 58A (eliciting, publishing or communicating information about members of armed forces etc)
section 58B (entering or remaining in a designated area)
.
(3) In paragraph 31 (offences under the Anti-terrorism, Crime and Security Act 2001), after the entry for section 50 insert—
section 67 (security of pathogens and toxins)
section 79 (disclosures relating to nuclear security)
.
(4) In paragraph 35 (offences under the Terrorism Act 2006)—
(a) before the entry for section 5 insert—
section 1 (encouragement of terrorism)
section 2 (dissemination of terrorist publications)
;
(b) after the entry for section 6 insert—
section 8 (attendance at a place used for terrorist training)
.
(5) After paragraph 35 insert—
Counter-Terrorism Act 2008 (c.28)
35ZA An offence under section 54 of the Counter-Terrorism Act 2008 (offences relating to notification).
Terrorism Prevention and Investigation Measures Act 2011 (c. 23)
35ZB An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (contravention of terrorism prevention and investigation measures notice).
Counter-Terrorism and Security Act 2015 (c. 6)
35ZC An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order or notice).
(6) The amendments made by this section do not apply in relation to an offence committed before this section comes into force.
240 Duty to make statement about proscription regime
(1) The Secretary of State must lay before Parliament, and publish, a statement about the general policies and procedures of the Secretary of State in relation to the Secretary of State’s powers under section 3 of the Terrorism Act 2000 (power to amend list of proscribed organisations).
(2) The Secretary of State must comply with subsection (1) within six months of the day on which this Act is passed.
241 Removal of women from the criminal law related to abortion
For the purposes of the law related to abortion, including sections 58 and 59 of the Offences against the Person Act 1861 and the Infant Life (Preservation) Act 1929, no offence is committed by a woman acting in relation to her own pregnancy.
243 Implementation of international law enforcement information-sharing agreements
(1) The appropriate national authority may by regulations make such provision as the authority considers appropriate for the purpose of, or in connection with, implementing an international agreement so far as relating to the sharing of information for law enforcement purposes, as it has effect from time to time.
(2) Subject to subsection (3), regulations under this section may provide that sharing of information in accordance with the regulations does not breach any restriction on the sharing of information (however imposed).
(3) Regulations under this section may not require or authorise the making of a disclosure which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
(4) In this section—
“appropriate national authority” has the meaning given in section 244;
“law enforcement purposes” means the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against, and the prevention of, threats to public security.
(1) In section 243, “appropriate national authority” means the Secretary of State, subject as follows.
(2) The Scottish Ministers are also an appropriate national authority in relation to regulations under section 243 which contain only provision which would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament.
(3) The Department of Justice in Northern Ireland is also an appropriate national authority in relation to regulations under section 243 which contain only provision which—
(a) would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of that Assembly, and
(b) would not, if contained in a Bill for such an Act, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.
(4) The Welsh Ministers are also an appropriate national authority in relation to regulations under section 243 which contain only provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd (ignoring any requirement for the consent of a Minister of the Crown).
(5) The consent of a Minister of the Crown is required before any provision is made by the Welsh Ministers in regulations under section 243 so far as that provision, if contained in an Act of Senedd Cymru, would require the consent of a Minister of the Crown.
(6) In Schedule 7B to the Government of Wales Act 2006 (general restrictions on legislative competence of Senedd Cymru), in paragraph 11(6)(b) (exceptions to restrictions relating to Ministers of the Crown)—
(a) omit the “or” at the end of sub-paragraph (xii), and
(b) after sub-paragraph (xiii) insert
; or
(xiv) section 243 of the Crime and Policing Act 2026.
(7) In this section, “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.
245 Consultation with devolved authorities about regulations under section 243
Before making regulations under section 243, the Secretary of State must consult—
(a) the Scottish Ministers about any provision in the regulations which could be made by those Ministers by virtue of section 244(2);
(b) the Department of Justice in Northern Ireland about any provision in the regulations which could be made by that Department by virtue of section 244(3);
(c) the Welsh Ministers about any provision in the regulations which could be made by those Ministers by virtue of section 244(4) (ignoring any requirement for the consent of a Minister of the Crown under section 244(5)).
246 Extradition: cases where a person has been convicted
(1) The Extradition Act 2003 is amended as follows.
(2) In section 20 (case where person has been convicted: category 1 territories)—
(a) in subsection (5), for the words from “the person” to the end substitute
any of the following applies—
(a) the person would be entitled to a retrial or (on appeal) to a review amounting to a retrial;
(b) the person would be so entitled unless a court in the territory concerned were to decide that they deliberately absented themselves from their trial;
(c) the person was entitled as mentioned in paragraph (a) or (b) but expressly waived that entitlement;
(d) having been informed that they were entitled as mentioned in paragraph (a) or (b), the person failed to exercise that entitlement before the end of the period permitted for exercising it.
;
(b) after subsection (7) insert—
(7A) For the purposes of subsection (1), a person convicted at a trial at which they were legally represented (but not present in person) is to be treated as having been convicted in their presence.
;
(c) in subsection (8), in the words before paragraph (a)—
(i) after “constitute” insert “(or would have constituted)”;
(ii) after “have” insert “(or would have had)”.
(3) In section 85 (case where person has been convicted: category 2 territories)—
(a) in subsection (5), for the words from “the person” to the end substitute
any of the following applies—
(a) the person would be entitled to a retrial or (on appeal) to a review amounting to a retrial;
(b) the person would be so entitled unless a court in the territory concerned were to decide that they deliberately absented themselves from their trial;
(c) the person was entitled as mentioned in paragraph (a) or (b) but expressly waived that entitlement;
(d) having been informed that they were entitled as mentioned in paragraph (a) or (b), the person failed to exercise that entitlement before the end of the period permitted for exercising it.
;
(b) after subsection (7) insert—
(7A) For the purposes of subsection (1), a person convicted at a trial at which they were legally represented (but not present in person) is to be treated as having been convicted in their presence.
;
(c) in subsection (8), in the words before paragraph (a)—
(i) after “constitute” insert “(or would have constituted)”;
(ii) after “have” insert “(or would have had)”.
247 OFCOM’s notices to providers of internet services
(1) In Chapter 5 of Part 1 of the Coroners and Justice Act 2009 (coroners: further provision to do with investigations and deaths), before section 32 insert—
Duty to notify OFCOM of certain child deaths
31A (1) A senior coroner who is made aware that the body of a deceased child is within that coroner’s area must notify the Office of Communications (OFCOM) of that fact within 5 working days of being made aware of the body, unless—
(a) the coroner decides that the death is not one into which the coroner has a duty under section 1(1) to conduct an investigation, or
(b) the coroner is satisfied that no purpose would be served by OFCOM giving a notice under section 101(C1) of the Online Safety Act 2023 requiring the retention of information about the use of internet services by the child who has died, because such information is of no relevance to the child’s death.
(2) In this section “child” means a person who, at the time of death, was (to the best of the coroner’s knowledge) aged between 5 and 17.
(3) In this section “working day” means any day other than—
(a) Saturday or Sunday,
(b) Christmas Day or Good Friday, or
(c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.
(2) The Online Safety Act 2023 is amended in accordance with subsections (3) and (4).
(3) In section 101 (information in connection with an investigation into the death of a child)—
(a) in subsection (A1)(a), after “child,” insert “or (in England and Wales) notifies OFCOM of the death of a child as required by section 31A of the Coroners and Justice Act 2009,”;
(b) after subsection (G1) insert—
(H1) Regulations under subsection (E1)(a) may make provision by reference to a document as amended from time to time.
(4) In section 102 (information notices), in subsection (5A)(c), for “for the period of one year beginning with the date of the notice,” substitute
—
(i) where the investigating authority is a senior coroner (in England and Wales), for the period of six months beginning with the date of the notice, or
(ii) in other cases, for the period of one year beginning with the date of the notice,
.
(1) The Online Safety Act 2023 is amended as follows.
(2) After section 216 insert—
Power to amend Act: illegal AI-generated content etc
Power to amend Act in relation to illegal AI-generated content etc
216A (1) Subject to subsection (14)(b), the Secretary of State may by regulations amend any provision of this Act for or in connection with the purposes of minimising or mitigating the risks of harm to individuals in the United Kingdom presented by—
(a) illegal AI-generated content;
(b) the use of AI services for the commission or facilitation of priority offences.
(2) In this section, “AI service” means an internet service that is capable (or part of which is capable) of generating AI-generated content (no matter what proportion of content on the service is AI-generated).
(3) The provision that may be made by regulations includes provision securing that any or all of the duties set out in subsection (4) are imposed on providers of AI services in relation to—
(a) illegal AI-generated content;
(b) the design, operation or use of AI services so far as relating to illegal AI-generated content;
(c) the use of AI services for the commission or facilitation of priority offences.
(4) The duties referred to in subsection (3) are—
(a) duties imposed on providers of regulated user-to-user services by section 9 or 10 (illegal content and activity) or any of sections 20 to 23 so far as relating to section 9 or 10;
(b) duties imposed on providers of regulated search services or combined services by section 26 or 27 (search content that is illegal content) or any of sections 31 to 34 so far as relating to section 26 or 27;
(c) duties corresponding or similar to the duties in paragraph (a) or (b).
(5) The provision that may be made by regulations by virtue of subsection (3) includes provision imposing duties on providers of AI services in relation to illegal AI-generated content of all kinds even where a corresponding or similar duty imposed on providers of regulated user-to-user or search services relates only to priority illegal content.
(6) The provision that may be made by regulations includes provision securing that the duties imposed on providers of Category 1 services and Category 2A services by section 38 or 39 (fraudulent advertising), or duties corresponding or similar to those duties, are imposed on providers of AI services in relation to fraudulent advertisements (whether or not AI-generated).
(7) The provision that may be made by regulations includes provision securing that the requirements imposed on providers of Part 3 services by section 66 (reporting CSEA content), or requirements corresponding or similar to those requirements, are imposed on providers of AI services in relation to AI-generated CSEA content (and if such corresponding or similar requirements are imposed, regulations may amend section 67(1) so as to refer to the provision imposing them, as well as to section 66).
(8) The provision that may be made by regulations includes provision securing any of the following—
(a) that providers of AI services are subject to the requirements imposed on providers of regulated services by, or by OFCOM under, Part 6 (fees), or are subject to requirements corresponding or similar to those requirements;
(b) that duties imposed on OFCOM in relation to Part 3 services by Chapter 3 of Part 7 (OFCOM’s register of risks, and risk profiles), or duties corresponding or similar to those duties, are imposed on OFCOM in relation to AI services, so far as relating to illegal AI-generated content generated by such services or their use for the commission or facilitation of priority offences;
(c) that functions conferred on OFCOM in relation to regulated services under the following provisions, or functions corresponding or similar to those functions, are conferred on OFCOM in relation to AI services, so far as relating to provision made by the regulations—
(i) Chapter 4 of Part 7 (information);
(ii) Chapter 6 of Part 7 (enforcement), including provisions of that Chapter conferring power for OFCOM to impose monetary penalties;
(d) that powers conferred on OFCOM in relation to Part 3 services under Chapter 5 of Part 7 (notices to deal with terrorism content and CSEA content), or powers corresponding or similar to those powers, are conferred on OFCOM in relation to AI services, so far as relating to AI-generated terrorism content or AI-generated CSEA content;
(e) that OFCOM have power to make provision in guidance or a code of practice relating to provision made by the regulations.
(9) The provision that may be made by regulations includes provision securing that any provision of this Act that applies in relation to illegal content or illegal content of a particular kind applies (with or without modifications), or does not apply, in relation to illegal AI-generated content or illegal AI-generated content of a particular kind.
(10) The provision that may be made by regulations includes provision amending any definition in this Act, including (but not limited to)—
(a) provision securing that AI services fall within the definition of “regulated user-to-user service”, “regulated search service”, “combined service”, “Part 3 service” or “regulated service” (so far as that is not already the case) or are excluded from any of those definitions;
(b) provision giving the meaning of any defined term in relation to AI services, AI-generated content or AI-generated content of a particular kind.
(11) Regulations may make provision securing that providers of specified kinds of AI services are exempt from the requirement to comply with specified duties or requirements imposed by the regulations.
(12) The provision that may be made by regulations includes—
(a) provision in relation to AI services that corresponds or is similar to provision in Chapter 2 of Part 7 (register of categories of services);
(b) provision conferring power on the Secretary of State to make regulations containing provision in relation to AI services that corresponds or is similar to provision that may be made by regulations under paragraph 1 of Schedule 11 (“threshold conditions”).
(13) Regulations may make provision having the effect that AI services provided from outside the United Kingdom are regulated by this Act (as well as AI services provided from within the United Kingdom), but, if they do so, must contain equivalent provision to that made in relation to user-to-user services and search services by section 4(5) and (6) (UK links).
(14) Regulations—
(a) may (among other things) amend any provision of this Act that mentions an automated tool or a bot (including section 59(12));
(b) may not amend section 234 (“harm” etc).
(15) Regulations—
(a) may make different provision with regard to AI services of different kinds;
(b) may make provision with regard to AI services generally or any one or more specified kinds of AI service;
(c) may make different provision with regard to AI-generated content generated by different kinds of automated tools or functionalities available on AI services;
(d) may make provision with regard only to AI-generated content generated by specified kinds of automated tools or functionalities available on AI services.
(16) Regulations may make provision as to the meaning of any reference to “AI-generated”, or “AI-generated content”, inserted by the regulations into this Act.
(17) In this section—
“AI” is short for artificial intelligence;
“AI-generated CSEA content” means CSEA content that is AI-generated, and “CSEA content” here has the same meaning as in Part 3 (see section 59) except that section 59(14)(a) is to be disregarded;
“AI-generated terrorism content” means terrorism content that is AI-generated, and “terrorism content” here has the same meaning as in Part 3 (see section 59) except that section 59(14)(a) is to be disregarded;
“amend” includes repeal and apply (with or without modifications);
“fraudulent advertisement” has the meaning given by section 38 or 39 (depending on the kind of AI service in question), disregarding the fact that the definition in those sections applies in relation only to a Category 1 service or a Category 2A service;
“illegal AI-generated content” means illegal content that is AI-generated;
“illegal content” has the same meaning as in Part 3 (see section 59), except that where that term is used in the definition of “illegal AI-generated content”, section 59(14)(a) is to be disregarded;
“priority illegal content” has the same meaning as in Part 3 (see section 59);
“priority offence” has the same meaning as in Part 3 (see section 59);
“regulations”, except in subsection (12)(b), means regulations under subsection (1);
“specified” means specified in regulations.
(3) In section 225 (Parliamentary procedure for regulations), in subsection (1), after paragraph (f) insert—
(fa) regulations under section 216A(1),
.
(1) The Secretary of State must, no later than 31 December 2026, lay before Parliament a report about the progress that has been made towards making regulations under section 216A of the Online Safety Act 2023 (power to amend Act in relation to illegal AI-generated content).
(2) Subsection (1) does not apply if a draft of a statutory instrument containing regulations under that section is laid before Parliament before 31 December 2026.
250 Criminal liability of bodies corporate and partnerships where senior manager commits offence
(1) Where a senior manager of a body corporate or partnership (“the organisation”) acting within the actual or apparent scope of their authority commits an offence under the law of England and Wales, Scotland or Northern Ireland, the organisation also commits the offence (subject to subsection (2)).
(2) An organisation does not commit an offence by virtue of subsection (1) if—
(a) all of the conduct constituting the offence occurs outside the United Kingdom, and
(b) the organisation would not commit the offence if that conduct were the organisation’s (rather than the senior manager’s).
(3) In this section—
“body corporate” includes a body incorporated outside the United Kingdom but does not include—
a corporation sole, or
a partnership that (whether or not a legal person) is not regarded as a body corporate under the law by which it is governed;
“partnership” means—
a partnership within the meaning of the Partnership Act 1890,
a limited partnership registered under the Limited Partnerships Act 1907, or
a firm or other entity of a similar character to one within paragraph (a) or (b) formed under the law of a country or territory outside the United Kingdom;
“senior manager”, in relation to a body corporate or partnership, means an individual who plays a significant role in—
the making of decisions about how the whole or a substantial part of the activities of the body corporate or partnership are to be managed or organised, or
the managing or organising of the whole or a substantial part of those activities.
(4) Proceedings for an offence alleged to have been committed by a partnership by virtue of this section must be brought in the name of the partnership (and not in that of any of the partners).
(5) For the purposes of such proceedings—
(a) rules of court relating to the service of documents have effect as if the partnership were a body corporate, and
(b) the following provisions apply as they apply in relation to a body corporate—
(i) section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980;
(ii) sections 34(2), 66(6AA) and 72D(2) of the Criminal Procedure (Scotland) Act 1995;
(iii) section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).
(6) A fine imposed on a partnership on its conviction for an offence committed by virtue of this section is to be paid out of the partnership assets.
(7) In consequence of the provision made by this section, omit the following provisions of the Economic Crime and Corporate Transparency Act 2023—
(a) sections 196 to 198 (including the italic heading before those sections);
(b) in section 217, subsection (5)(f) and the words “197(1) or” in subsections (8) and (9);
(c) Schedule 12.
(1) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate in consequence of this Act.
(2) The power in section 419(1) of the Sentencing Act 2020 (power to state effect of commencement provisions) applies in relation to any amendment or repeal made by or under this Act of that Act as it applies in relation to an amendment or repeal made by Schedule 22 to that Act.
(3) The Scottish Ministers may by regulations make such provision within devolved competence as they consider appropriate in consequence of—
(a) sections 48 and 49;
(b) section 64(1) and Schedule 7;
(c) Chapter 2 of Part 4;
(d) sections 74 and 76;
(e) section 105;
(f) Chapter 5 of Part 5;
(g) section 141;
(h) section 189(3) and Schedule 23.
For this purpose, provision is “within devolved competence” if it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
(4) The Department of Justice in Northern Ireland may by regulations make such transferred provision as it considers appropriate in consequence of—
(a) section 34;
(b) sections 39 to 41;
(c) section 43;
(d) sections 48 and 49;
(e) section 64(2) and Schedule 8;
(f) Chapter 2 of Part 4;
(g) section 73;
(h) section 104;
(i) Chapter 5 of Part 5;
(j) sections 134 to 136;
(k) section 138;
(l) section 189(2) and Schedule 22.
(5) In subsection (4) “transferred provision” means provision that—
(a) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and
(b) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.
(6) Regulations under this section may amend, repeal or revoke legislation passed or made before, or in the same Session as, this Act.
(1) A power to make regulations includes power to make—
(a) consequential, supplementary, incidental, transitional, transitory or saving provision;
(b) different provision for different purposes or areas.
(2) Regulations of the Secretary of State are to be made by statutory instrument.
(3) The Secretary of State may not make a statutory instrument containing any of the following (whether alone or with other provision) unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—
(a) regulations under section 59(7), 67(1), 68(9), 77(6), 95, 110, 111, 112, 153, 156, 161, 175(2)(a) or (b), 176(7), 193, 195, or 206(1)(k), or Schedule 14 (except for paragraph 1);
(b) regulations under section 251(1) that amend primary legislation.
(4) Any other statutory instrument made by the Secretary of State containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
(5) This section does not apply to regulations under section 219(3).
(6) In this section—
“primary legislation” means an Act of Parliament, an Act of the Scottish Parliament, an Act or Measure of Senedd Cymru, or Northern Ireland legislation;
“regulations” means regulations under any provision of this Act except section 255.
253 Regulations made by the Scottish Ministers, the Department of Justice or the Welsh Ministers
(1) The following regulations (which are made by the Scottish Ministers) are subject to the affirmative procedure—
(a) regulations under section 67(2);
(b) regulations under section 251(3) that amend primary legislation;
(c) regulations under paragraph 10(4) of Schedule 7.
(2) Any other regulations made by the Scottish Ministers under this Act are subject to the negative procedure.
(3) For the meaning of “affirmative procedure” and “negative procedure”, see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).
(4) A power of the Department of Justice in Northern Ireland to make regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(5) The following regulations may not be made unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly—
(a) regulations under section 67(3);
(b) regulations under section 251(4) that amend primary legislation;
(c) regulations under paragraph 10(6) of Schedule 8.
(6) Any other regulations made by the Department of Justice in Northern Ireland under this Act are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954.
(7) Regulations of the Welsh Ministers under this Act are to be made by Welsh statutory instrument.
(8) Regulations made by the Welsh Ministers under section 243 are subject to the Senedd annulment procedure (see section 37E of the Legislation (Wales) Act 2019 (anaw 4)).
(9) In this section—
“primary legislation” has the meaning given by section 252;
“regulations” means regulations under any provision of this Act except section 255.
(1) Subject as follows, this Act extends to England and Wales only.
(2) The following provisions extend to England and Wales, Scotland and Northern Ireland—
(a) Chapter 1 of Part 2;
(b) section 31;
(c) section 47(2)(d);
(d) sections 48(1) to (5) and 49;
(e) Chapter 2 of Part 4;
(f) section 69;
(g) section 72(3);
(h) sections 77 to 80 (except section 80(6)) and Schedule 10;
(i) section 81(4);
(j) section 83(2);
(k) section 84;
(l) section 97;
(m) section 99(5);
(n) sections 100 and 101;
(o) section 103 and Schedule 14;
(p) section 104(5);
(q) section 106(7);
(r) section 107(5);
(s) sections 108 to 112;
(t) section 114(5);
(u) section 118;
(v) section 120;
(w) section 122;
(x) section 125(1);
(y) section 127;
(z) section 145(9);
(z1) Part 9 (except section 150(3));
(z2) section 170 and Schedule 18;
(z3) section 172;
(z4) sections 173 to 177;
(z5) section 179;
(z6) section 190(2) to (4);
(z7) sections 200 to 203;
(z8) section 204(9);
(z9) sections 205 to 212 and Schedule 25;
(z10) Part 15 (except section 236 and Schedule 27);
(z11) this Part (except section 247(1));
(z12) paragraphs 16, 20 and 24 of Schedule 13.
(3) The following provisions extend to England and Wales and Scotland—
(a) section 36(1), (3) and (5);
(b) section 37;
(c) section 38(1) and (2);
(d) section 42(1);
(e) section 119(1);
(f) section 125(2).
(4) The following provisions extend to England and Wales and Northern Ireland—
(a) section 75(1) to (4);
(b) section 104(1) to (3);
(c) section 106(2) and (3);
(d) section 107(2) and (3),
(e) section 134(1);
(f) section 135;
(g) section 136(1) to (5).
(5) Section 121 extends to Scotland and Northern Ireland.
(6) The following provisions extend to Northern Ireland—
(a) section 34;
(b) section 39;
(c) section 40;
(d) section 41(1) to (3);
(e) section 43(1) to (3);
(f) section 64(2);
(g) section 70;
(h) section 125(3);
(i) section 130;
(j) section 133;
(k) section 138;
(l) section 140;
(m) section 189(2);
(n) section 236;
(o) Schedule 8;
(p) paragraphs 4(3) and 5(5) of Schedule 22.
(7) The following provisions extend to Scotland—
(a) section 33;
(b) section 64(1);
(c) section 105;
(d) section 189(3);
(e) Schedule 7;
(f) Schedule 23.
(8) Any amendment made by the following provisions has the same extent as the provision amended—
(a) section 10;
(b) section 29(1) to (3) (and section 29(4) has effect accordingly);
(c) section 35;
(d) section 36(4);
(e) section 38(3) and (4);
(f) section 41(4);
(g) section 42(2);
(h) section 43(4);
(i) section 44 and Schedule 5;
(j) section 71;
(k) section 73;
(l) section 74;
(m) section 75(5) and (6);
(n) section 76;
(o) section 115(2);
(p) section 119(2);
(q) section 124;
(r) section 126;
(s) section 137;
(t) section 141;
(u) section 150(3);
(v) sections 164 to 168;
(w) section 178;
(x) section 180;
(y) section 181;
(z) section 190(1);
(z1) section 238;
(z2) Schedule 11;
(z3) Schedule 15;
(z4) Schedule 19;
(z5) Schedule 21;
(z6) Schedule 22;
(z7) Schedule 27.
(9) Nothing in subsections (1) to (8) limits the extent within the United Kingdom of the armed forces provisions.
(10) Section 384(1) and (2) of the Armed Forces Act 2006 (extent outside the United Kingdom) applies to the armed forces provisions as it applies to the provisions of that Act.
(11) In this section “armed forces provision” means—
(a) a provision made, or inserted, by or under this Act so far as it is applied (by whatever words) by or under the Armed Forces Act 2006;
(b) an amendment, modification or repeal made by or under this Act of—
(i) a provision of or made under the Armed Forces Act 2006,
(ii) a provision that amends, modifies or repeals a provision of, or made under, that Act, or
(iii) any other provision, so far as the provision is applied (by whatever words) by or under that Act.
(1) Subject as follows, this Act comes into force on such day as the Secretary of State may by regulations appoint.
(2) The following provisions come into force on the day on which this Act is passed—
(a) section 68, for the purposes of making regulations;
(b) section 69;
(c) section 70;
(d) section 84;
(e) section 181, for the purposes of making regulations;
(f) section 183, for the purposes of making regulations;
(g) sections 193 to 196 and Schedule 24;
(h) section 204, for the purposes of making rules;
(i) section 240;
(j) section 241;
(k) this Part except sections 246, 247 and 250.
(3) The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—
(a) section 83;
(b) section 96;
(c) sections 108 to 112;
(d) section 164;
(e) section 167;
(f) section 168;
(g) sections 190 to 192;
(h) sections 200 to 203;
(i) section 232;
(j) sections 235 to 237;
(k) section 250;
(l) Schedule 27.
(4) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
(5) Regulations of the Secretary of State under this section may make different provisions for different purposes or areas.
(6) Regulations of the Secretary of State under this section are to be made by statutory instrument.
(7) Sections 35, 48 and 49, and Chapter 5 of Part 5 (except section 125(2) and (3)) come into force—
(a) so far as extending to Scotland, on such day as the Scottish Ministers may by regulations appoint;
(b) so far as extending to Northern Ireland, on such day as the Department of Justice in Northern Ireland may by order appoint.
(8) The following provisions come into force on such day as the Department of Justice in Northern Ireland may by order appoint—
(a) section 34;
(b) sections 39 and 40;
(c) section 41(1) to (3), and section 41(4) so far as extending to Northern Ireland;
(d) section 43(1) to (3), and section 43(4) so far as extending to Northern Ireland;
(e) section 64(2) and Schedule 8;
(f) section 71(2), (3) and (4)(b) so far as relating to an offence under section 48;
(g) section 73 so far as extending to Northern Ireland;
(h) section 104(1) to (3), so far as extending to Northern Ireland;
(i) section 125(3);
(j) sections 130 and 133;
(k) sections 134 to 136, so far as extending to Northern Ireland;
(l) section 138;
(m) section 189(2) and Schedule 22.
(9) Section 140 comes into force on such day as the Department of Health in Northern Ireland may by order appoint.
(10) The following provisions come into force on such day as the Scottish Ministers may by regulations appoint—
(a) section 33;
(b) sections 36 to 38, so far as extending to Scotland;
(c) section 64(1) and Schedule 7;
(d) sections 74 and 76, so far as extending to Scotland;
(e) section 105;
(f) section 189(3) and Schedule 23.
(11) An order or regulations under subsection (7), (8), (9) or (10) may make—
(a) transitional or saving provision;
(b) different provision for different purposes.
(12) For regulations made by the Scottish Ministers under subsection (7)(a) or (10), see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).
(13) The power to make an order under subsection (7)(b), (8) or (9) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(1) Before making regulations under section 255(1) appointing a day on which any provision of Chapter 2 or 4 of Part 4, or section 125(1), comes into force, the Secretary of State must consult—
(a) the Scottish Ministers, and
(b) the Department of Justice in Northern Ireland.
(2) Before making regulations under section 255(7)(a) appointing a day on which section 125(1) comes into force, the Scottish Ministers must consult—
(a) the Secretary of State, and
(b) the Department of Justice in Northern Ireland.
(3) Before making an order under section 255(7)(b) appointing a day on which section 125(1) comes into force, the Department of Justice in Northern Ireland must consult—
(a) the Secretary of State, and
(b) the Scottish Ministers.
Schedule 1 Youth injunctions, housing injunctions and consequential amendments
Section 2
Part 1 Amendments of the Anti-social Behaviour, Crime and Policing Act 2014
1 The Anti-social Behaviour, Crime and Policing Act 2014 is amended as set out in this Part.
2 (1) Section 1 (power to grant injunctions) is amended as follows.
(2) In the heading, after “grant” insert “youth”.
(3) In subsection (1)—
(a) after “section” insert “(a “youth injunction”)”;
(b) after “over” insert “but under 18”.
(4) In subsection (4), for “An injunction under this section” substitute “A youth injunction”.
(5) After subsection (4) insert—
(4A) But a youth injunction may not have the effect of excluding the respondent from the place where the respondent normally lives.
(6) In subsection (5)—
(a) for “an injunction under this section” substitute “a youth injunction”;
(b) in paragraph (a), for the words from “works” to “establishment” substitute “attends school or any other educational establishment, or at which the respondent normally works”;
(c) in paragraph (b), for “may be” substitute “is”.
(7) For subsection (6) substitute—
(6) A youth injunction must specify the period for which it has effect, which must be no more than 12 months.
(8) In subsection (7), for “An injunction under this section” substitute “A youth injunction”.
(9) For subsection (8) substitute—
(8) An application for a youth injunction must be made to a youth court.
(10) At the end insert—
(9) In this Part, anti-social behaviour means—
(a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, or
(b) housing-related anti-social conduct (see section 2).
3 After section 1 insert—
Power to grant housing injunctions
1A (1) A court may grant an injunction under this section (a “housing injunction”) against a person aged 18 or over (“the respondent”) if two conditions are met.
(2) The first condition is that the court is satisfied, on the balance of probabilities, that the respondent has engaged or threatens to engage in housing-related anti-social conduct (see section 2).
(3) The second condition is that the court considers it just and convenient to grant the injunction for the purpose of preventing the respondent from engaging in housing-related anti-social conduct.
(4) A housing injunction may for the purpose of preventing the respondent from engaging in housing-related anti-social conduct—
(a) prohibit the respondent from doing anything described in the injunction;
(b) require the respondent to do anything described in the injunction.
(5) Prohibitions and requirements in a housing injunction must, so far as practicable, be such as to avoid—
(a) any interference with the times, if any, at which the respondent normally works or attends any educational establishment;
(b) any conflict with the requirements of any other court order or injunction to which the respondent may be subject.
(6) A housing injunction must—
(a) specify the period for which it has effect, or
(b) state that it has effect until further order.
(7) A housing injunction may specify periods for which particular prohibitions or requirements have effect.
(8) An application for a housing injunction must be made to the High Court or the county court, subject to any rules of court made under section 18(2).
(9) A court may treat an application for a housing injunction as an application under section A1 (power to make respect orders) for an order under that section.
4 (1) Section 2 (meaning of “anti-social behaviour”) is amended as follows.
(2) In the heading, for ““anti-social behaviour”” substitute ““housing-related anti-social conduct””.
(3) In subsection (1)—
(a) for ““anti-social behaviour”” substitute ““housing-related anti-social conduct””;
(b) omit paragraph (a).
(4) In subsection (2), for “section 1” substitute “this Part”.
5 In section 3 (requirements included in injunctions), for “section 1”, in both places it occurs, substitute “this Part”.
6 (1) Section 4 (power of arrest) is amended as follows.
(2) In subsection (1)—
(a) for “section 1” substitute “this Part”;
(b) in paragraph (a), for “anti-social behaviour” substitute “relevant conduct”.
(3) At the end insert—
(3) In this section, “relevant conduct” means—
(a) in relation to a youth injunction, anti-social behaviour;
(b) in relation to a housing injunction, housing-related anti-social conduct.
7 (1) Section 5 (applications for injunctions) is amended as follows.
(2) In subsection (1), for “section 1” substitute “this Part”.
(3) In subsection (3), for “anti-social behaviour” substitute “relevant conduct”.
(4) After subsection (4) insert—
(4A) In this section, “relevant conduct” means—
(a) in relation to a youth injunction, anti-social behaviour;
(b) in relation to a housing injunction, housing-related anti-social conduct.
8 In section 6 (applications without notice), in subsection (1), for “section 1” substitute “this Part”.
9 In section 7 (interim injunctions)—
(a) in subsection (1), for “section 1” substitute “this Part”;
(b) in subsection (2), for “that section” substitute “this Part”.
10 (1) Section 8 (variation or discharge of injunctions) is amended as follows.
(2) In subsection (1), for “section 1” substitute “this Part”.
(3) For subsection (2) substitute—
(2) In subsection (1) “the court” means the court that granted the injunction.
11 (1) Section 9 (arrest without warrant) is amended as follows.
(2) In subsection (1), for “section 1” substitute “this Part”.
(3) In subsection (3), omit paragraphs (a) to (c) and insert—
(a) in the case of a housing injunction—
(i) a judge of the county court, or
(ii) if the injunction was granted by the High Court, a judge of the High Court or a judge of the county court;
(b) in the case of a youth injunction, a justice of the peace.
(4) In subsection (5), omit “or (b)”.
(5) In subsection (6), for “(c)” substitute “(b)”.
12 (1) Section 10 (issue of arrest warrant) is amended as follows.
(2) In subsection (1), for “section 1” substitute “this Part”.
(3) In subsection (2), omit paragraphs (a) to (c) and insert—
(a) in the case of a housing injunction—
(i) a judge of the High Court, if the injunction was granted by the High Court, or
(ii) a judge of the county court, if the injunction was granted by the county court;
(b) in the case of a youth injunction, a justice of the peace.
(4) In subsection (6)—
(a) for “before—” substitute “before the youth court that granted the injunction.”;
(b) omit paragraphs (a) and (b).
13 In section 12 (powers in respect of under-18s), before “injunctions” insert “youth”.
14 (1) Section 13 (power to exclude person from home), subsection (1) is amended as follows.
(2) In the words before paragraph (a), for “An injunction under section 1” substitute “A housing injunction”.
(3) Omit paragraph (a).
(4) In paragraph (c)(i), for “anti-social behaviour” substitute “housing-related anti-social conduct”.
15 Before section 14 (but after the italic heading before that section) insert—
Requirement to carry out risk assessment
13A (1) A person applying for an injunction under this Part must before doing so carry out a risk assessment in relation to the application.
(2) A risk assessment, in relation to an application for an injunction under this Part, is an assessment of—
(a) the risk of any person being caused nuisance or annoyance in relation to their occupation of residential premises by the respondent’s conduct,
(b) (in relation to an application for a youth injunction), the risk of any person being caused harassment, alarm or distress by the respondent’s conduct,
(c) any vulnerabilities of the respondent,
(d) any alternative means of preventing the respondent from engaging in relevant conduct, and
(e) such other matters as the person considers relevant.
(3) A person required to carry out a risk assessment under this section must in doing so have regard to any guidance issued by the Secretary of State under section 19.
(4) In this section, “relevant conduct” means—
(a) in relation to an application for a youth injunction, anti-social behaviour;
(b) in relation to an application for a housing injunction, housing-related anti-social conduct.
16 (1) Section 14 (requirements to consult etc) is amended as follows.
(2) In subsection (1)—
(a) in the words before paragraph (a), for “section 1” substitute “this Part”;
(b) in paragraph (a)—
(i) at the beginning insert “in the case of a youth injunction,”;
(ii) omit the words from “, if” to the end;
(c) in paragraph (b)—
(i) at the beginning insert “in any case,”;
(ii) for “other” substitute “(or, where paragraph (a) applies, any other).”
(3) In subsection (2)—
(a) in paragraph (a), at the beginning insert “in the case of a youth injunction,”;
(b) in paragraph (b)—
(i) at the beginning insert “in any case,”;
(ii) for “other” substitute “(or, where paragraph (a) applies, any other)”.
(4) In subsection (3)—
(a) in the words before paragraph (a), for “section 1” substitute “this Part”;
(b) in paragraph (a), at the beginning insert “in the case of a youth injunction,”;
(c) in paragraph (b)—
(i) at the beginning insert “in any case,”;
(ii) for “other” substitute “(or, where paragraph (a) applies, any other)”.
17 (1) Section 18 (rules of court) is amended as follows.
(2) In subsection (1), for “section 1” substitute “this Part”.
(3) In subsection (2)—
(a) in the words before paragraph (a), for “an injunction under section 1” substitute “a housing injunction or a respect order”;
(b) in paragraph (a), for “an injunction under that section” substitute “a youth injunction”.
(4) In subsection (3)—
(a) in the words before paragraph (a), for “under this Part” substitute “on an application for a youth injunction”;
(b) in paragraph (a), at the end insert “and for the application to be treated as an application for a housing injunction or a respect order (as the court to which the proceedings are transferred considers appropriate)”.
18 In section 19 (guidance), in subsection (1), for “section 1” substitute “this Part”.
19 (1) In section 20 (interpretation etc), subsection (1) is amended as follows.
(2) In the definition of “anti-social behaviour”, for “section 2” substitute “section 1(9)”.
(3) For the definition of “respondent” substitute—
“respondent”—
in relation to a youth injunction, has the meaning given by section 1(1);
in relation to a housing injunction, has the meaning given by section 1A(1);
.
(4) At the appropriate places, insert—
“housing injunction” means an injunction under section 1A;
;
“housing-related anti-social conduct” has the meaning given by section 2;
;
“respect order” means an order under section A1;
;
“youth injunction” means an injunction under section 1.
20 In section 101 (the community remedy document), in subsection (9), for the definition of “anti-social behaviour” substitute—
“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);
.
21 (1) Section 102 (anti-social behaviour etc: out-of-court disposals) is amended as follows.
(2) In subsection (1), in paragraph (c), for “an injunction under section 1” substitute “a respect order under section A1 or an injunction under Part 1”.
(3) In subsection (6), for the definition of “anti-social behaviour” substitute—
“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);
.
22 (1) Schedule 2 (breach of injunctions: powers of court in respect of under-18s) is amended as follows.
(2) In the heading, before “injunctions” insert “youth”.
(3) In paragraph 1(1), for “an injunction under section 1” substitute “a youth injunction”.
Part 2 Consequential amendments of other Acts
Housing Act 1985 (c. 68)
23 (1) Section 84A of the Housing Act 1985 (absolute ground for possession for anti-social behaviour) is amended as follows.
(2) In subsection (4)—
(a) for “section 1” substitute “Part 1”;
(b) after “2014” insert “or a respect order”.
(3) In subsection (9), for the definition of “relevant proceedings”, substitute—
“relevant proceedings” means—
proceedings for an offence under section I1 of the Anti-social Behaviour, Crime and Policing Act 2014,
proceedings under Schedule 2 to that Act, or
proceedings for contempt of court;
“respect order” means an order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014;
.
24 In Schedule 3 to that Act (grounds for withholding consent to assignment by way of exchange), in Ground 2A, in the definition of “relevant order”, for “an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014” substitute—
a respect order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014;
an injunction under Part 1 of that Act;
.
Housing Act 1988 (c. 50)
25 (1) In Part 1 of Schedule 2 to the Housing Act 1988 (grounds on which court must order possession of dwelling-houses let on assured tenancies), Ground 7A is amended as follows.
(2) In condition 2, in the words before paragraph (a)—
(a) for “section 1” substitute “Part 1”;
(b) after “2014” insert “or a respect order”.
(3) In the list of definitions for the purposes of Ground 7A, for the definition of “relevant proceedings” substitute—
“relevant proceedings” means—
proceedings for an offence under section I1 of the Anti-social Behaviour, Crime and Policing Act 2014,
proceedings under Schedule 2 to that Act, or
proceedings for contempt of court;
“respect order” means an order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014;
.
Police Reform Act 2002 (c. 30)
26 In section 50 of the Police Reform Act 2002 (persons engaging in anti-social behaviour), for subsection (1A) substitute—
(1A) In subsection (1) “anti-social behaviour” means—
(a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, or
(b) housing-related anti-social conduct, as defined by section 2 of the Anti-social Behaviour, Crime and Policing Act 2014 (ignoring subsection (2) of that section).
Localism Act 2011 (c. 20)
27 In Schedule 14 to the Localism Act 2011 (grounds on which landlord may refuse to surrender and grant tenancies under section 158), in paragraph 6(4), in the definition of “relevant order”—
(a) after paragraph (e) insert—
(ea) a respect order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014,
;
(b) in paragraph (f), for “section 1 of the Anti-social Behaviour, Crime and Policing Act 2014” substitute “Part 1 of that Act”.
Sentencing Code
28 In section 80(3) of the Sentencing Code (list of circumstances where an order for conditional discharge is not available), after paragraph (c) insert—
(ca) section I1(4) of the Anti-social Behaviour, Crime and Policing Act 2014 (breach of respect order);
.