(1) The Licensing Act 2003 is amended as set out in subsections (2) and (3).
(2) In section 7 (exercise and delegation of functions), in subsection (2), after paragraph (a) (but before the final “or”) insert—
(aa) the functions of making, and varying or revoking, an order under section 172A (early morning alcohol restriction order),
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(3) For sections 172A to 172E (early morning alcohol restriction order), as inserted by section 55 of the Crime and Security Act 2010, substitute—
Power to make early morning alcohol restriction order
172A (1) If a licensing authority considers it appropriate for the promotion of the licensing objectives, it may, subject as follows, make an order under this section.
(2) An order under this section is an order providing that—
(a) premises licences and club premises certificates granted by the authority, and temporary event notices given to the authority, do not have effect to the extent that they authorise the sale of alcohol during the period specified in the order, and
(b) club premises certificates granted by the authority do not have effect to the extent that they authorise the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club during the period specified in the order.
(3) For the purposes of subsection (2)(a) and (b), the period that may be specified in the order must—
(a) begin no earlier than midnight, and
(b) end no later than 6am.
(4) It is immaterial for the purposes of an order under this section whether a premises licence or club premises certificate is granted, or a temporary event notice is given, before or after the order is made.
(5) An order under this section may provide that it is to apply—
(a) in relation to the same period of every day on which the order is to apply, or in relation to different periods of different days,
(b) every day or only on particular days (for example, particular days of the week or year),
(c) in relation to the whole or part of a licensing authority's area, or
(d) for a limited or unlimited period.
(6) An order under this section must specify—
(a) the days on which it is to apply and the period of those days,
(b) the area in relation to which it is to apply,
(c) if it is to apply for a limited period, that period, and
(d) the date from which it is to apply.
(7) An order under this section must—
(a) be in the prescribed form, and
(b) have the prescribed content.
Procedural requirements for early morning alcohol restriction order
172B (1) A licensing authority proposing to make an order under section 172A must—
(a) advertise the proposed order in the prescribed manner, and
(b) hold a hearing to consider any relevant representations, unless the authority and each person who has made such representations agree that a hearing is unnecessary.
(2) In this section “relevant representations” means representations which—
(a) are about the likely effect of the making of the proposed order on the promotion of the licensing objectives,
(b) are made to the licensing authority by an affected person, a responsible authority or any other person,
(c) are made in the prescribed form and manner and within the prescribed period,
(d) have not been withdrawn, and
(e) in the case of representations made by a person who is not a responsible authority, are not, in the opinion of the licensing authority, frivolous or vexatious.
(3) In subsection (2)(b), “affected person” means—
(a) the holder of the premises licence or club premises certificate in respect of affected premises,
(b) the premises user in relation to a temporary event notice in respect of affected premises,
(c) a person who has applied for a premises licence or club premises certificate in respect of affected premises (where the application has not been determined), and
(d) a person to whom a provisional statement has been issued in respect of affected premises.
(4) In subsection (2)(b) and (e), “responsible authority” means—
(a) the licensing authority and any other licensing authority in whose area part of any affected premises is situated,
(b) the chief officer of police for a police area any part of which is in the area specified in the order,
(c) the fire and rescue authority for an area any part of which is in the area specified in the order,
(d) the Primary Care Trust or Local Health Board for an area any part of which is in the area specified in the order,
(e) the local weights and measures authority for any such area,
(f) the enforcing authority within the meaning given by section 18 of the Health and Safety at Work etc Act 1974 for any such area,
(g) the local planning authority within the meaning given by the Town and Country Planning Act 1990 for any such area,
(h) the local authority by which statutory functions are exercisable in the area specified in the order in relation to minimising or preventing the risk of pollution of the environment or of harm to human health,
(i) a body which—
(i) represents those who, in relation to the area specified in the order, are responsible for, or interested in, matters relating to the protection of children from harm, and
(ii) is recognised by the licensing authority for the purposes of this section as being competent to advise on such matters,
(j) where affected premises are a vessel—
(i) a navigation authority (within the meaning given by section 221(1) of the Water Resources Act 1991) having functions in relation to the waters where the vessel is usually moored or berthed or any waters where it is navigated at a time when it is used for licensable activities to which the proposed order relates,
(ii) the Environment Agency,
(iii) Canal & River Trust , and
(iv) the Secretary of State, and
(k) a prescribed person.
(5) Where a licensing authority determines for the purposes of subsection (2)(e) that any representations are frivolous or vexatious, it must notify the person who made them of its reasons for its determination.
(6) In this section—
“affected premises”, in relation to a proposed order, means premises in respect of which it applies from the date specified in it;
“statutory function” means a function conferred by or under an enactment.
Making of early morning alcohol restriction order
172C (1) A licensing authority may not make an order under section 172A applying in relation to—
(a) an area not specified in the proposed order advertised under section 172B,
(b) a day not specified in that proposed order, or
(c) a period other than the period specified in that proposed order of any day so specified.
(2) After making an order under section 172A a licensing authority must publish it or otherwise make it available—
(a) in the prescribed form and manner, and
(b) within the prescribed period.
Variation and revocation of early morning alcohol restriction order
172D (1) A licensing authority may vary or revoke an order under section 172A.
(2) Sections 172B and 172C apply in relation to the variation or revocation of an order under section 172A as in relation to the making of such an order.
Exceptions from effect of early morning alcohol restriction order
172E (1) An order under section 172A does not apply in prescribed cases or circumstances.
(2) The cases referred to in subsection (1) may in particular be defined by reference to—
(a) particular kinds of premises, or
(b) particular days.
(3) An order under section 172A is subject to an order under section 172 (whether made before or afterwards), unless and to the extent that the order under section 172 provides otherwise.
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(4) Section 55 of the Crime and Security Act 2010 (power to restrict sale and supply of alcohol) is repealed.
120 Suspension of licence or certificate for failing to pay annual fee
(1) The Licensing Act 2003 is amended as set out in subsections (2) to (5).
(2) In section 26(2) (period of validity of premises licence), after “section 52” insert “ or 55A ”.
(3) After section 55 (annual fee for premises licence) insert—
Suspension of premises licence for failing to pay annual fee
55A (1) A licensing authority must suspend a premises licence if the holder of the licence has failed to pay the authority an annual fee that has become due under section 55(2).
(2) Subsection (1) does not apply if—
(a) either—
(i) the holder's failure to pay the fee at the time it became due was because of an administrative error (whether made by the holder, the authority or anyone else), or
(ii) before or at the time the fee became due, the holder notified the authority in writing that the holder disputed liability for, or the amount of, the fee, and
(b) the grace period for payment of the fee has not expired (see subsection (8)).
(3) If a licensing authority suspends a premises licence under subsection (1), the authority must give the holder of the licence a notice to that effect, specifying the day the suspension takes effect.
(4) A day specified in a notice under subsection (3) must be at least two working days after the day the authority gives the notice.
(5) If the holder of the licence pays the annual fee, the licensing authority must give the holder written acknowledgement of receipt of the fee.
(6) The acknowledgement of receipt under subsection (5) must—
(a) specify the day the authority received the fee (the “receipt day”), and
(b) be given to the holder as soon as is reasonably practicable but in any event—
(i) if the receipt day was a working day, before the end of the first working day after the receipt day,
(ii) otherwise, before the end of the second working day after the receipt day.
(7) A suspension of a premises licence under subsection (1)—
(a) takes effect on the day specified in the notice under subsection (3), and
(b) ceases to have effect on the receipt day, as specified in the acknowledgement of receipt under subsection (5).
(8) In this section, the “grace period” for payment of a fee is the period of 21 days, beginning on the day after the day the fee became due.
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(4) In section 80(2) (period of validity of club premises certificate), after “section 88” insert “ or 92A ”.
(5) After section 92 (annual fee for club premises certificate) insert—
Suspension of club premises certificate for failing to pay annual fee
92A (1) A licensing authority must suspend a club premises certificate if the holder of the certificate has failed to pay the authority an annual fee that has become due under section 92(2).
(2) Subsection (1) does not apply if—
(a) either—
(i) the holder's failure to pay the fee at the time it became due was because of an administrative error (whether made by the holder, the authority or anyone else), or
(ii) before or at the time the fee became due, the holder notified the authority in writing that the holder disputed liability for, or the amount of, the fee, and
(b) the grace period for payment of the fee has not expired (see subsection (8)).
(3) If a licensing authority suspends a club premises certificate under subsection (1), the authority must give the holder of the certificate a notice to that effect, specifying the day the suspension takes effect.
(4) A day specified in a notice under subsection (3) must be at least 2 working days after the day the authority gives the notice.
(5) If the holder of the certificate pays the annual fee, the licensing authority must give the holder written acknowledgement of receipt of the fee.
(6) The acknowledgement of receipt under subsection (5) must—
(a) specify the day the authority received the fee (the “receipt day”), and
(b) be given to the holder as soon as is reasonably practicable but in any event—
(i) if the receipt day was a working day, before the end of the first working day after the receipt day,
(ii) otherwise, before the end of the second working day after the receipt day.
(7) A suspension of a club premises certificate under subsection (1)—
(a) takes effect on the day specified in the notice under subsection (3), and
(b) ceases to have effect on the receipt day, as specified in the acknowledgement of receipt under subsection (5).
(8) In this section, the “grace period” for payment of a fee is the period of 21 days, beginning on the day after the day the fee became due.
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(6) The amendments made by this section apply in relation to premises licences and club premises certificates in relation to which annual fees become due on or after the commencement of this section.
(1) Section 5 of the Licensing Act 2003 (statement of licensing policy) is amended as set out in subsections (2) to (7).
(2) In subsection (1)—
(a) for “three” substitute “ five ”, and
(b) in paragraph (b) omit “(a “licensing statement”)”.
(3) Omit subsection (2).
(4) In subsection (3), for “three” substitute “ five ”.
(5) In subsection (4)—
(a) for “three” substitute “ five ”, and
(b) after “policy” insert “ in respect of that period ”.
(6) After subsection (6) insert—
(6A) Without prejudice to subsection (4), a licensing authority may replace its policy in respect of a period, with effect from any date during that period, by—
(a) determining its policy with respect to the exercise of its licensing functions in respect of a period of five years beginning with that date, and
(b) publishing a statement of that policy before that date.
(6B) Subsection (3) applies in relation to any determination under subsection (6A) as it applies in relation to a determination under subsection (1).
(6C) A licensing statement must specify the five year period to which it relates.
(7) After subsection (7) insert—
(8) In this section—
“five year period”, in relation to a licensing authority, means—
if paragraph (b) does not apply, the period of five years ending with 6 January 2016, and each subsequent period of five years, or
if a licensing authority has published a licensing statement under subsection (6A), the period of five years to which the most recently published such statement relates, and each subsequent period of five years;
“licensing statement” means a statement published under subsection (1)(b) or (6A)(b).
(8) Any policy determined, and any licensing policy statement published, under section 5(1) of the Licensing Act 2003 in respect of the period of three years beginning with 7 January 2011 is, on and after the commencement of this subsection, to be treated for all purposes as if—
(a) it had been determined and published under that section (as amended by this section) in respect of the period of five years beginning with 7 January 2011, and
(b) it specified the five year period to which it relates.
(1) Schedule 4 to the Licensing Act 2003 (personal licence: relevant offences) is amended as set out in subsections (2) to (4).
(2) In paragraph 14 (offences under the Road Traffic Act 1988), after paragraph (c) insert—
(d) section 6(6) (failing to co-operate with a preliminary test).
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(3) The second paragraph 22 is renumbered as paragraph 22A.
(4) After paragraph 23 insert—
24 An offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence that is a relevant offence.
25 An offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit an offence that is a relevant offence.
26 The offence at common law of conspiracy to defraud.
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(5) The amendments made by this section apply on and after the commencement of this section in relation to—
(a) personal licences that are granted or renewed before, on or after the commencement of this section, and
(b) offences committed before, on or after that commencement.
124 Review of effect of amendments on licensing scheme
(1) As soon as reasonably practicable after the end of the review period, the Secretary of State must—
(a) carry out a review of the following provisions of this Chapter—
(i) section 103 (licensing authorities as responsible authorities),
(ii) section 104 (Primary Care Trusts and Local Health Boards as responsible authorities),
(iii) section 105 (premises licences: who may make relevant representations),
(iv) section 106 (premises licenses: who may apply for review),
(v) section 107 (club premises certificates: who may make relevant representations),
(vi) section 108 (club premises certificates: who may apply for review),
(vii) section 109 (reducing the burden: premises licences),
(viii) section 110 (reducing the burden: club premises certificates),
(ix) section 111 (reducing the burden: other situations),
(x) section 112 (temporary event notices: who may make an objection),
(xi) section 113 (temporary event notices: conditions),
(xii) section 117 (temporary event notice: time for objection to notice),
(xiii) section 119 (early morning alcohol restriction orders),
(xiv) section 120 (suspension of licence or certificate for failing to pay annual fee),
(xv) section 123 (personal licences: relevant offences), and
(b) set out the conclusions of the review in a report.
(2) In particular, the review must assess the effect of the amendments made by those sections on the scheme established by the Licensing Act 2003.
(3) The Secretary of State must lay a copy of the report before Parliament.
(4) In this section, “review period” means the period of five years beginning with—
(a) if all of those sections commence on the same day, that day, and
(b) otherwise, the first day on which all of those sections have commenced.
(1) In this Chapter, “a late night levy requirement” means a requirement to pay a late night levy in accordance with this Chapter.
(2) A licensing authority may decide that a late night levy requirement is to apply in its area or in a part of its area in respect of—
(a) relevant late night alcohol authorisations relating to premises in the area or the part, or
(b) relevant late night alcohol authorisations and relevant late night refreshment authorisations relating to premises in the area or the part.
(2A) Accordingly, references in this Chapter to a late night authorisation to which a late night levy requirement relates are references to any relevant late night alcohol authorisation or relevant late night refreshment authorisation in respect of which the late night levy requirement applies.
(2B) A licensing authority may decide under subsection (2) that different late night levy requirements are to apply in different parts of its area.
(3) In making a decision under subsection (2) a licensing authority must consider—
(a) the costs of policing and other arrangements for the reduction or prevention of crime and disorder, in connection with the supply of alcohol or late night refreshment between midnight and 6 am, and
(b) having regard to those costs, the desirability of raising revenue to be applied in accordance with section 131.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) This section is subject to section 132.
126 “Relevant late night authorisation” and related definitions
(1) This section applies for the purposes of this Chapter.
(2) “Relevant late night alcohol authorisation”, in relation to a licensing authority, a late night levy requirement and a levy year, means a premises licence or club premises certificate which—
(a) is granted by the authority, and
(b) authorises the supply of alcohol at a time or times during the late night supply period on one or more days in the related payment year (whether or not it also authorises the provision of late night refreshment at a time or times during such a period).
(2A) “Relevant late night refreshment authorisation”, in relation to a licensing authority, a late night levy requirement and a levy year, means a premises licence which—
(a) is granted by the authority,
(b) authorises the provision of late night refreshment at a time or times during the late night supply period on one or more days in the related payment year, and
(c) does not also authorise the supply of alcohol at a time or times during any such period.
(3) The “late night supply period” in relation to a licensing authority means the period of the day decided by the authority under section 132 or 133.
(3A) Where a licensing authority decides under section 125(2) to apply a late night levy requirement in respect of both relevant late night alcohol authorisations and relevant late night refreshment authorisations, the licensing authority may determine under section 132(1)—
(a) a single late night levy period that is to apply in respect of both kinds of authorisations, or
(b) two late night levy periods, one of which is to apply in respect of relevant late night alcohol authorisations and the other of which is to apply in respect of relevant late night refreshment authorisations.
(4) A late night supply period must—
(a) begin at or after midnight, and
(b) end at or before 6 am.
(5) A late night supply period determined by a licensing authority for a levy year must be the same—
(a) for each payment year beginning during the levy year, and
(b) throughout each such payment year.
(6) Regulations must make provision as to how payment years are to be determined in relation to holders of premises licences or club premises certificates.
(7) Regulations under subsection (6) may, in particular—
(a) provide for a holder's payment year to be determined by reference to the period in respect of which the holder is liable to pay an annual fee under section 55(2) or 92(2) of the Licensing Act 2003, or
(b) confer functions or a discretion on licensing authorities in relation to premises licences and club premises certificates granted by them.
(8) Regulations under subsection (6) which provide for licensing authorities to determine payment years must require an authority to decide how the payment years are to be determined at the time the authority decides under section 125(2) that a late night levy requirement is to apply ....
(9) For the purposes of this section, a payment year is related to a levy year if it begins at the same time as, or during, the levy year.
(1) Where a late night levy requirement applies in the area or part of the area of a licensing authority, the holder of a late night authorisation to which the requirement relates must pay a levy (“the late night levy”) to the authority in respect of that authorisation for each levy year, in accordance with this Chapter.
(2) But a holder of a late night authorisation to which the requirement relates who falls within an applicable exemption category is not liable to pay the late night levy in respect of that authorisation for the levy year.
(2A) In addition, if the requirement relates to a late night authorisation that is a relevant late night refreshment authorisation, the holder of the authorisation is not liable to pay the late night levy for a levy year if only hot drinks are supplied (or held out for supply) in reliance on the authorisation during the levy year.
(3) For this purpose, “applicable exemption category”, in relation to a levy year, means a permitted exemption category that the licensing authority has decided under section 132 or 133 is to apply in relation to the late night levy requirement for the levy year.
(1) For any levy requirement and any levy year, the amount of the levy is—
(a) the amount prescribed by regulations, or
(b) the amount calculated in accordance with regulations.
(2) But in the case of the holder of a late night authorisation to which a late night levy requirement relates who falls within an applicable reduction category, the amount of the late night levy payable in respect of the authorisation is the reduced amount that applies in relation to that category (see section 135(4)).
(3) For this purpose “applicable reduction category”, in relation to a late night levy requirement and a levy year, means a permitted reduction category that the licensing authority has decided under section 132 or 133 is to apply in relation to the late night levy requirement for the levy year.
(4) Subject to subsection (2), regulations under subsection (1) must provide for the amount of a late night levy, or the manner in which it is to be calculated, to be the same, in respect of all late night levy requirements for all persons liable to pay a levy in respect of an authorisation ....
(1) Regulations—
(a) must make provision as to collection and administration, and
(b) may make provision as to enforcement,
of a late night levy.
(2) Regulations under subsection (1) must make provision as to the time or times for payment of a levy to a licensing authority by holders of a late night authorisation to which a late night levy requirement relates.
(3) Provision made by virtue of subsection (2) may in particular provide for any such time or times to be determined by reference to the holders' payment years.
(4) Regulations under subsection (1) may make provision for adjustments to be made in cases where—
(a) a late night authorisation to which a late night levy requirement relates ceases to be such an authorisation during the holder's payment year;
(b) a premises licence or club premises certificate becomes a late night authorisation to which a late night levy requirement relates during the holder's payment year;
(c) an order under section 172A of that Act (early morning restriction orders) precludes the supply of alcohol by virtue of a relevant late night alcohol authorisation to which a late night levy requirement relates at all the times during the applicable late night supply period when it would otherwise have been permitted by virtue of the authorisation;
including in cases where the change occurs after the end of the levy year in question.
(5) Any payment of a late night levy which is owed to a licensing authority under this Chapter may be recovered as a debt due to the authority.
(6) The following provisions of the Licensing Act 2003 apply for the purposes of this Chapter—
(a) section 55A (suspension of premises licence for failure to pay annual fee);
(b) section 92A (suspension of club premises certificate for failure to pay annual fee),
but as if a reference to an annual fee, or to the annual fee owed under section 55(2) or 92(2), were a reference to a late night levy, or to the amount of a late night levy owed under this Chapter.
(7) Provision that may be made by regulations under this section includes provision conferring functions or a discretion on licensing authorities.
(1) In this Chapter , in relation to a late night levy requirement, “the net amount of levy payments” of a licensing authority in respect of any period means the amount, calculated in accordance with regulations, which represents—
(a) the aggregate amount of payments to the authority in respect of the levy that are attributable to that period, less
(b) the aggregate amount of expenses of the authority attributable to that period that are permitted deductions under regulations under subsection (2)(a).
(2) Regulations under subsection (1)—
(a) must prescribe descriptions of relevant expenses which may be deducted for the purposes of calculating the net amount of levy payments for any period,
(b) may make provision for determining the amounts to be taken into account in calculating the net amount of levy payments,
(c) may make provision for determining the period to which a payment or deduction is attributable.
(3) In subsection (2)(a), “relevant expenses” means expenses incurred by a licensing authority in the administration of a late night levy requirement including, in particular, such expenses incurred in, in connection with or in consequence of—
(a) any decision mentioned in section 134(1);
(b) collection of payments of the late night levy;
(c) enforcement of the late night levy requirement.
(4) Expenses incurred by a licensing authority which fall within subsection (3)(a) include, in particular, expenses which it incurs in connection with any application made by virtue of section 134(2)(c).
(5) In relation to a late night levy requirement, a licensing authority must publish the following, in respect of each levy year—
(a) before the beginning of the year, a statement of its estimate of the amount of deductions permitted under regulations under subsection (2)(a) to be made in respect of the year;
(b) after the end of the year, a statement of the net amount of levy payments for the year, showing in particular the amounts mentioned in paragraphs (a) and (b) of subsection (1) attributable to the year.
(6) It is for the licensing authority to determine the manner in which any statement under subsection (5) is to be published.
(1) In relation to a late night levy requirement, the net amount of levy payments for any levy year must be applied as follows.
(2) The licensing authority—
(a) must pay the specified proportion of that amount to the relevant local policing body, and
(b) must apply the remainder of that amount in accordance with regulations.
(3) In subsection (2)(a), “specified proportion” means the proportion determined for the levy year under section 132(1)(b) or 133(1)(d).
(4) The specified proportion must be not less than 70 per cent.
(4A) The licensing authority must publish information as to how it applies the remainder of the net amount mentioned in subsection (2)(b).
(4B) The information must be published at least once in each calendar year during which any part of the remainder is applied.
(4C) It is for the licensing authority to determine the manner in which the information is published.
(5) Regulations may amend subsection (4) by specifying a different proportion in place of the proportion for the time being specified in that subsection.
(6) Regulations may make provision—
(a) as to the time or times at which payments are to be made by the licensing authority under subsection (2);
(b) for adjustments of payments in cases where payments or repayments are made in respect of a levy after the end of the levy year.
(7) Regulations under this section may make provision conferring functions or a discretion on a licensing authority.
(1) Where a licensing authority decides under section 125 that a late night levy requirement is to apply ..., it must also decide—
(a) the date on which the late night levy requirement is first to apply, and
(b) for the first levy year and, subject to section 133, each subsequent levy year—
(i) the late night supply period or periods (as to which see section 126(3A));
(ii) the permitted exemption categories (if any) that are to apply ...;
(iii) the permitted reduction categories (if any) that are to apply ...;
(iv) the proportion of the net amount of levy payments that is to be paid to the relevant local policing body under section 131.
(2) Subsection (1)(b)(i) is subject to section 126(4) and (5).
(3) Subsection (1)(b)(iv) is subject to section 131(4).
(4) Regulations under section 134 apply in relation to any decision of a licensing authority under section 125 or this section.
(1) Where, in consequence of a decision by a licensing authority under section 125, a late night levy requirement applies, the authority may decide—
(a) that the requirement is to cease to apply ...;
(b) that a different late night supply period is to apply;
(c) that any permitted exemption categories or permitted reduction categories are to apply in addition to any that currently apply, or to cease to apply, in relation to the late night levy requirement;
(d) that a different proportion of the net amount of levy payments is to be paid to the relevant local policing body.
(1A) Where the late night levy requirement is in respect of both relevant late night alcohol authorisations and relevant late night refreshment authorisations, the power conferred by subsection (1)(b) includes—
(a) where a single late night levy period applies, power to decide that two late night levy periods are to apply instead;
(b) where two late night levy periods apply, power to decide that a single late night levy period is to apply instead.
(2) Subsection (1)(b) is subject to section 126(4) and (5).
(3) Subsection (1)(d) is subject to section 131(4).
(4) Where—
(a) regulations under section 135 alter the permitted exemption categories or permitted reduction categories, and
(b) by virtue of the regulations any category that applies ... as the result of a relevant decision by a licensing authority ceases to be a permitted exemption category or permitted reduction category,
the licensing authority must exercise its power under subsection (1)(c) so as to secure that all the categories that apply ... in respect of future levy periods are permitted exemption categories or permitted reduction categories.
(5) In subsection (4)(b), “relevant decision” means a decision under—
(a) section 132(1)(b)(ii) or (iii), or
(b) subsection (1)(c) of this section.
(6) Where—
(a) regulations under subsection (5) of section 131 amend subsection (4) of that section, and
(b) by virtue of the regulations the proportion of the net amount of levy payments to be paid to the relevant local policing body ceases to satisfy section 131(4),
the licensing authority must exercise its power under subsection (1)(d) so as to secure that the proportion of the net amount of levy payments to be paid to the relevant local policing body in respect of future levy years satisfies that provision.
(7) Any decision made under subsection (1) may take effect only—
(a) in the case of a decision under paragraph (a), at the end of a levy period,
(b) in the case of decision under paragraph (b), (c) or (d), in respect of future levy periods.
(8) Regulations under section 134 apply in relation to any decision of a licensing authority under this section.
134 Introduction or variation of late night levy requirement: procedure
(1) Regulations must make provision as to the procedure to be followed by a licensing authority in relation to any proposal for—
(a) a decision under section 125(2) that a late night levy requirement is to apply ... (and any related decision under section 132(1));
(b) a decision under section 133(1)(a) that a late night levy requirement is to cease to apply ...;
(c) a decision under section 133(1)(b), (c) or (d).
(2) Regulations under this section must, in particular—
(a) require the licensing authority, where it proposes to make any decision mentioned in subsection (1), to consult the following about the proposal—
(i) the relevant local policing body;
(ii) the relevant chief officer of police;
(iii) holders of late night authorisations to which the levy requirement in question relates or would relate;
(iv) any other persons prescribed by the regulations;
(b) make provision requiring the licensing authority to publish notice of any decision mentioned in subsection (1) (and of related decisions);
(c) in the case of a decision under section 125(2), make provision—
(i) enabling any relevant late night authorisation to be varied under section 34, 41A, 84 or 86A of the Licensing Act 2003, on the application of the holder, so that it is not a late night authorisation to which the levy requirement relates at the beginning of the first levy year, and
(ii) for no fee to be payable in respect of any such application to the extent that it relates to such a variation.
(3) In the case of a proposal that a late night levy requirement should apply ..., the consultation about the proposal required under subsection (2)(a) must include consultation about the matters to be decided under section 132(1).
(4) Regulations under this section may specify matters of which the licensing authority must be satisfied before deciding under section 125(2) that a late night levy requirement is to apply ....
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Regulations may prescribe—
(a) categories of holders of relevant late night alcohol authorisations or relevant late night refreshment authorisations in relation to whom, if a licensing authority so decides, no requirement to pay a late night levy is to apply (“permitted exemption categories”);
(b) categories of holders of relevant late night alcohol authorisations or relevant late night refreshment authorisations in relation to whom, if a licensing authority so decides, a reduced amount of a levy is to apply (“permitted reduction categories”).
(2) References in subsection (1) to a decision of a licensing authority are to a decision by the authority under section 132(1)(b)(ii) or (iii) or 133(1)(c) that the category in question is to apply ....
(3) Without prejudice to section 136(3), categories of holders may be prescribed for this purpose by reference, in particular, to—
(a) participation in arrangements of particular descriptions;
(b) particular descriptions of premises in respect of which authorisations are held.
(4) Regulations under subsection (1) which prescribe permitted reduction categories must also prescribe, in relation to each such category—
(a) what the reduced amount of a levy is, or
(b) the manner in which the reduced amount of a levy is to be calculated,
and must provide for the reduced amount of a late night levy, or the manner in which it is to be calculated, to be the same, in respect of all late night levy requirements, for all holders of relevant late night alcohol authorisations or relevant late night refreshment authorisations in that category ....
(1) Any power to make regulations under this Chapter is exercisable by the Secretary of State, but may be exercised only with consent of Treasury.
(2) Regulations may amend any provision made by or under an Act so far as necessary or expedient in consequence of any provision made by or under this Chapter.
(3) Any regulations under this Chapter may—
(a) make different provision for different cases;
(b) make provision subject to exceptions;
(c) make supplemental, incidental, consequential and transitional provision.
(4) Subsection (3) is subject to section 128(4) and 135(4).
136A Late night levy: requests by relevant local policing bodies
(1) The relevant local policing body in relation to a licensing authority may request the licensing authority to make a proposal for a decision under section 125(2) that a late night levy requirement of a kind described in the request is to apply.
(2) In deciding whether to make a request, the relevant local policing body must consider the matters mentioned in section 125(3).
(3) A request must be accompanied by any evidence the relevant local policing body has in support of its request.
(4) In deciding how to respond to the request, the licensing authority must consider the matters mentioned in section 125(3).
(5) The licensing authority must publish—
(a) the request, including the evidence accompanying it, and
(b) its response to the request.
(6) The response must include reasons, including an explanation of the outcome of the authority’s consideration of the matters mentioned in section 125(3).
(7) It is for the licensing authority to determine the manner in which it publishes the request and its response under subsection (4).
In this Chapter—
“club premises certificate” has the same meaning as in the Licensing Act 2003 (see section 60 of that Act);
“late night levy” means a levy payable under section 127(1);
“a late night levy requirement” has the meaning given by section 125;
“late night refreshment” has the same meaning as in the Licensing Act 2003 (see Schedule 2 to that Act);
“late night supply period”, has the meaning given by section 126;
“levy year”, in relation to a licensing authority, means a period of one year, beginning with the date specified under section 132(1)(a) or an anniversary of that date, for which a late night levy requirement applies ...;
“licensing authority” means an authority which is a licensing authority within the meaning of the Licensing Act 2003 (see section 3 of that Act);
“net amount of levy payments” has the meaning given by section 130;
“payment year”, in relation to the holder of a late night authorisation to which a late night levy requirement relates, means a year to which any payment of the late night levy by the holder in respect of the authorisation relates;
“permitted exemption category” and “permitted reduction category” have the meanings given by section 135;
“premises licence” has the same meaning as in the Licensing Act 2003 (see section 11 of that Act);
“relevant late night authorisation” has the meaning given by section 126;
“relevant chief officer of police”, in relation to a licensing authority, means the chief officer of police for the police area which comprises or includes the area of the licensing authority;
“relevant local policing body”, in relation to a licensing authority, means the local policing body for the police area which comprises or includes the area of the licensing authority;
“supply of alcohol” has the same meaning as in Part 3 of the Licensing Act 2003 (see section 14 of that Act).
(1) This Chapter binds the Crown and has effect in relation to any premises licence, or club premises certificate, which relates to land in which there is—
(a) an interest belonging to Her Majesty in right of the Crown,
(b) an interest belonging to a government department, or
(c) an interest held in trust for Her Majesty for the purposes of such a department.
(2) This Chapter also applies in relation to any premises licence, or club premises certificate, which relates to—
(a) land which is vested in, but not occupied by, Her Majesty in right of the Duchy of Lancaster, and
(b) land which is vested in, but not occupied by, the possessor for the time being of the Duchy of Cornwall.
(3) Provision made by or under this Chapter applies to persons in the public service of the Crown as it applies to other persons.
(4) But nothing in this Chapter affects Her Majesty in Her private capacity.
(1) The Licensing Act 2003 is amended as follows.
(2) In section 55 (fees: premises licences), after subsection (1) insert—
(1A) Subsection (1) is subject to regulations under section 134(2)(c)(ii) of the Police Reform and Social Responsibility Act 2011 (exemption from fees for variation applications prior to introduction of late night levy).
(3) In section 92 (fees: club premises certificates), after subsection (1) insert—
(1A) Subsection (1) is subject to regulations under section 134(2)(c)(ii) of the Police Reform and Social Responsibility Act 2011 (exemption from fees for variation applications prior to introduction of late night levy).
141 Demonstrations in vicinity of Parliament: repeal of SOCPA 2005 provisions
(1) Sections 132 to 138 of the Serious Organised Crime and Police Act 2005 (which regulate demonstrations and use of loudspeakers in the vicinity of Parliament) are repealed.
(2) The public assemblies in relation to which section 14 of the Public Order Act 1986 applies, as a consequence of the repeal of section 132(6) of the Serious Organised Crime and Police Act 2005, include public assemblies which started, or were being organised, before this section comes into force.
(1) For the purposes of this Part, the “controlled area of Parliament Square” means the area of land that is comprised in—
(a) the central garden of Parliament Square, and
(b) the footways that immediately adjoin the central garden of Parliament Square.
(2) In subsection (1)—
“the central garden of Parliament Square” means the site in Parliament Square on which the Minister of Works was authorised by the Parliament Square (Improvements) Act 1949 to lay out the garden referred to in that Act as “the new central garden”;
“footway” has the same meaning as in the Highways Act 1980 (see section 329(1) of that Act).
142A Other controlled areas in vicinity of the Palace of Westminster
(1) For the purposes of this Part, the “Palace of Westminster controlled area” means the area of land in the City of Westminster that is comprised in—
(a) the highways in the postal district SW1 known as—
(i) Bridge Street,
(ia) Canon Row,
(ib) Parliament Street,
(ic) Derby Gate,
(id) Parliament Square,
(ii) St Margaret's Street, and
(iii) Abingdon Street,
(aa) so much of the highway in the postal district SW1 known as Victoria Embankment as lies between the highway in that district known as Bridge Street and the highway in that district known as Richmond Terrace,
(b) so much of the highway in the postal district SW1 known as Great College Street as immediately adjoins Abingdon Street Garden,
(c) Old Palace Yard,
(d) Abingdon Street Garden (and its pathways), and
(e) Victoria Tower Gardens.
(1A) A reference to a highway in subsection (1)(a) or (aa) includes any land immediately adjoining that highway and to which the public have or are permitted access.
(2) In subsection (1)—
“Abingdon Street Garden” means the garden constructed on the sites of properties formerly known as 18 to 28 (both inclusive) Abingdon Street, London, SW1, together with the garden surrounding the adjoining Jewel Tower and the lawn surrounding the King George V Memorial;
“highway” has the same meaning as in the Highways Act 1980 (see section 328 of that Act);
“Old Palace Yard” includes the King George V Memorial.
143 Prohibited activities in controlled area of Parliament Square or in Palace of Westminster controlled area
(1) A constable or authorised officer who has reasonable grounds for believing that a person is doing, or is about to do, a prohibited activity may direct the person—
(a) to cease doing that activity, or
(b) (as the case may be) not to start doing that activity.
(2) For the purposes of this Part, a “prohibited activity” is any of the following—
(a) operating any amplified noise equipment in the controlled area of Parliament Square or in the Palace of Westminster controlled area;
(b) erecting or keeping erected in the controlled area of Parliament Square—
(i) any tent, or
(ii) any other structure that is designed, or adapted, (solely or mainly) for the purpose of facilitating sleeping or staying in a place for any period;
(c) using any tent or other such structure in the controlled area of Parliament Square for the purpose of sleeping or staying in that area;
(d) placing or keeping in place in the controlled area of Parliament Square any sleeping equipment with a view to its use (whether or not by the person placing it or keeping it in place) for the purpose of sleeping overnight in that area;
(e) using any sleeping equipment in the controlled area of Parliament Square for the purpose of sleeping overnight in that area.
(f) obstructing, by the use of any item or otherwise, the passage of a vehicle of any description into or out of an entrance into or exit from the Parliamentary Estate, where that entrance or exit is within, or adjoins, the Palace of Westminster controlled area.
(3) But an activity is not to be treated as a “prohibited activity” within subsection (2) if it is done—
(a) for police, fire and rescue authority or ambulance purposes,
(b) by or on behalf of a relevant person, or
(c) by a person so far as authorised under section 147 to do it (authorisation for operation of amplified noise equipment).
(4) In subsection (2)(a) “amplified noise equipment” means any device that is designed or adapted for amplifying sound, including (but not limited to)—
(a) loudspeakers, and
(b) loudhailers.
(4A) In subsection (2)(f) the reference to obstructing the passage of a vehicle includes making the passage of a vehicle more difficult.
(5) In subsection (3)(b) “relevant person” means any of the following—
(a) a Minister of the Crown or a government department,
(b) the Greater London Authority, ...
(c) Westminster City Council.
(d) a relevant member of the House of Lords staff, or
(e) a relevant member of the House of Commons staff
(5A) In subsection (5)—
“relevant member of the House of Lords staff” has the meaning given by section 194(6) of the Employment Rights Act 1996;
“relevant member of the House of Commons staff” has the meaning given by section 195(5) of that Act.
(6) It is immaterial for the purposes of a prohibited activity—
(a) in the case of an activity within subsection (2)(b) or (c) of keeping a tent or similar structure erected or using a tent or similar structure, whether the tent or structure was first erected before or after the coming into force of this section;
(b) in the case of an activity within subsection (2)(d) or (e) of keeping in place any sleeping equipment or using any such equipment, whether the sleeping equipment was first placed before or after the coming into force of this section.
(7) In this section “sleeping equipment” means any sleeping bag, mattress or other similar item designed, or adapted, (solely or mainly) for the purpose of facilitating sleeping in a place.
(8) A person who fails without reasonable excuse to comply with a direction under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
144 Directions under section 143: further provision
(1) A direction requiring a person to cease doing a prohibited activity may include a direction that the person does not start doing that activity again after having ceased it.
(2) A direction requiring a person not to start doing a prohibited activity continues in force until—
(a) the end of such period beginning with the day on which the direction is given as may be specified by the constable or authorised officer giving the direction, or
(b) if no such period is specified, the end of the period of 90 days beginning with the day on which the direction is given.
(3) A period specified under subsection (2)(a) may not be longer than 90 days.
(4) A direction may be given to a person to cease operating, or not to start operating, any amplified noise equipment only if it appears to the constable or authorised officer giving the direction that the following condition is met.
(5) The condition is that the person is operating, or is about to operate, the equipment in such a manner as to produce sound that other persons in or in the vicinity of the controlled area of Parliament Square, or the Palace of Westminster controlled area, can hear or are likely to be able to hear.
(6) A direction—
(a) may be given orally,
(b) may be given to any person individually or to two or more persons together, and
(c) may be withdrawn or varied by the person who gave it.
(7) In this section—
“amplified noise equipment” has the meaning given by section 143(4);
“direction” means a direction given under section 143(1).
(1) A constable or authorised officer may seize and retain a prohibited item that is on any land in the controlled area of Parliament Square if it appears to that constable or officer that the item is being, or has been, used in connection with the commission of an offence under section 143 in that area.
(1A) A constable or authorised officer may seize and retain a prohibited item that is on any land in the Palace of Westminster controlled area if it appears to that constable or officer that the item is being, or has been, used in connection with the commission of an offence under section 143 in that area.
(2) A constable may seize and retain a prohibited item that is on any land outside of the controlled area of Parliament Square if it appears to the constable that the item has been used in connection with the commission of an offence under section 143 in that area.
(2A) A constable may seize and retain a prohibited item that is on any land outside of the Palace of Westminster controlled area if it appears to the constable that the item has been used in connection with the commission of an offence under section 143 in that area.
(3) A “prohibited item” is any item of a kind mentioned in section 143(2).
(4) A constable may use reasonable force, if necessary, in exercising a power of seizure under this section.
(5) An item seized under this section must be returned to the person from whom it was seized—
(a) no later than the end of the period of 28 days beginning with the day on which the item was seized, or
(b) if proceedings are commenced against the person for an offence under section 143 before the return of the item under paragraph (a), at the conclusion of those proceedings.
(6) If it is not possible to return an item under subsection (5) because the name or address of the person from whom it was seized is not known—
(a) the item may be returned to any other person appearing to have rights in the property who has come forward to claim it, or
(b) if there is no such person, the item may be disposed of or destroyed at any time after the end of the period of 90 days beginning with the day on which the item was seized.
(7) Subsections (5)(b) and (6) do not apply if a court makes an order under section 146(1)(a) for the forfeiture of the item.
(8) The references in this section to an item that is “on” any land include references to an item that is in the possession of a person who is on any such land.
(1) The court may do either or both of the following on the conviction of a person (“P”) of an offence under section 143—
(a) make an order providing for the forfeiture of any item of a kind mentioned in subsection (2) of that section that was used in the commission of the offence;
(b) make such other order as the court considers appropriate for the purpose of preventing P from engaging in any prohibited activity in a relevant area.
(2) An order under subsection (1)(b) may (in particular) require P not to enter a relevant area for such period as may be specified in the order.
(2A) In this section “relevant area” means an area consisting of either or both of the following areas—
(a) the controlled area of Parliament Square , and
(b) the Palace of Westminster controlled area.
(3) Power of the court to make an order under this section is in addition to the court's power to impose a fine under section 143(8).
147 Authorisation for operation of amplified noise equipment
(1) The responsible authority for any land in the controlled area of Parliament Square or the Palace of Westminster controlled area may authorise a person in accordance with this section to operate on that land (or any part of it) any amplified noise equipment (as defined by section 143(4)).
(2) An application for authorisation must be made to the responsible authority by or on behalf of the person (or persons) seeking the authorisation.
(3) The responsible authority may—
(a) determine the form in which, and the manner in which, an application is to be made;
(b) specify the information to be supplied in connection with an application;
(c) require a fee to be paid for determining an application.
(4) If an application is duly made to a responsible authority, the authority must—
(a) determine the application, and
(b) give notice in writing to the applicant of the authority's decision within the period of 21 days beginning with the day on which the authority receives the application.
(5) The notice must specify—
(a) the person (or persons) authorised (whether by name or description),
(b) the kind of amplified noise equipment to which the authorisation applies,
(c) the period to which the authorisation applies, and
(d) any conditions to which the authorisation is subject.
(6) The responsible authority may at any time—
(a) withdraw an authorisation given to a person under this section, or
(b) vary any condition to which an authorisation is subject.
(7) Variation under subsection (6)(b) includes—
(a) imposing a new condition,
(b) removing an existing condition, or
(c) altering any period to which a condition applies.
(8) The exercise of a power under subsection (6) to withdraw an authorisation or to vary a condition is effected by the responsible authority giving notice in writing to the applicant.
148 Meaning of “authorised officer” and “responsible authority”
(1) This section applies for the purposes of this Part.
(2) “Authorised officer”, in relation to any land in the controlled area of Parliament Square, or in relation to any land in the Palace of Westminster controlled area other than Royal Park land, means—
(a) an employee of the responsible authority for that land who is authorised in writing by the authority for the purposes of this Part, and
(b) any other person who, under arrangements made with the responsible authority (whether by that or any other person), is so authorised for the purposes of this Part.
(3) “Responsible authority”, in relation to any land in the controlled area of Parliament Square, means—
(a) the Greater London Authority, for any land comprised in the central garden of Parliament Square (as defined by section 142(2)), and
(b) Westminster City Council, for any other land.
(4) “Responsible authority”, in relation to any land in the Palace of Westminster controlled area, means—
(a) the Secretary of State, for any land comprised in Royal Park land;
(b) Westminster City Council, for any other land.
(5) In this section “Royal Park land” means any land of a description specified in Schedule 1 to the Royal Parks and Other Open Spaces Regulations 1997 (S.I. 1997/1639), as that Schedule has effect on the day on which the Anti-social Behaviour, Crime and Policing Act 2014 is passed.
(1) In section 385 of the Greater London Authority Act 1999 (byelaws), after subsection (6) insert—
(6A) Byelaws under this section may not be made as respects Parliament Square Garden for the purpose of prohibiting a particular activity so far as that activity is a prohibited activity for the purposes of Part 3 of the Police Reform and Social Responsibility Act 2011 (see section 143(2) of that Act).
.
(2) Any byelaw made under section 385 of the Greater London Authority Act 1999 before the date on which section 143 above comes into force ceases to have effect on that date so far as the byelaw makes provision prohibiting, as respects the controlled area of Parliament Square, a particular activity that is a prohibited activity for the purposes of this Part.
(3) Nothing in this Part restricts the making of any byelaw under section 235(1) of the Local Government Act 1972 (power of councils to make byelaws) for the purpose of prohibiting, as respects the controlled area of Parliament Square or the Palace of Westminster controlled area, a particular activity except so far as the activity is a prohibited activity for the purposes of this Part.
149A Power to specify other areas as controlled areas
(1) The Secretary of State may by regulations provide for any provision of sections 143 to 148 and 149(3) to apply, with or without modifications, in relation to an area specified in the regulations.
(2) An area may be specified in regulations under subsection (1) by description, by reference to a map or plan or in any other way.
(3) Regulations under subsection (1) may be made only if—
(a) either House of Parliament is, or is proposed to be, located somewhere other than the Palace of Westminster as a result of the Parliamentary building works or for any other reason, and
(b) as a result of that relocation, or proposed relocation, the Secretary of State considers that it is reasonably necessary for activities which are prohibited in relation to the controlled area of Parliament Square or the Palace of Westminster controlled area to be prohibited in relation to the area specified in the regulations.
(4) In subsection (3)(a) “the Parliamentary building works” has the meaning given by section 1(1) of the Parliamentary Buildings (Restoration and Renewal) Act 2019.
(5) The Secretary of State may by regulations make provision for any other enactment, or any instrument made under an enactment, to have effect with modifications in consequence of regulations under subsection (1).
150 Powers of seizure etc under certain regulations and byelaws
(1) In section 2 of the Parks Regulation (Amendment) Act 1926 (power to make regulations), after subsection (1) insert—
(1A) Regulations under subsection (1) may include provision applying (with any necessary modifications) sections 4 to 6 of the Royal Parks (Trading) Act 2000 (seizure, retention, disposal and forfeiture of property) in relation to offences under that subsection that are not park trading offences for the purposes of that Act.
.
(2) After section 237 of the Local Government Act 1972 (offences against byelaws) insert—
Section 235 byelaws: powers of seizure etc
237ZA A byelaw made under section 235 may include provision for or in connection with—
(a) the seizure and retention of any property in connection with any contravention of the byelaw, and
(b) the forfeiture of any such property on a person's conviction of an offence of contravention of the byelaw.
.
(3) In section 385 of the Greater London Authority Act 1999 (byelaws), in subsection (4)(b) for “a trading byelaw” substitute “ any byelaw under this section ”.
In Schedule 1 to the Misuse of Drugs Act 1971 (constitution etc of the Advisory Council on the Misuse of Drugs), in paragraph 1—
(a) in sub-paragraph (1), omit the words after “appropriate”, and
(b) omit sub-paragraph (2).
153 Restriction on issue of arrest warrants in private prosecutions
(1) In section 1 of the Magistrates' Courts Act 1980 (issue of summons or warrant), after subsection (4) insert—
(4A) Where a person who is not a public prosecutor lays an information before a justice of the peace in respect of an offence to which this subsection applies, no warrant shall be issued under this section without the consent of the Director of Public Prosecutions.
(4B) In subsection (4A) “public prosecutor” has the same meaning as in section 29 of the Criminal Justice Act 2003.
(4C) Subsection (4A) applies to—
(a) a qualifying offence which is alleged to have been committed outside the United Kingdom, or
(b) an ancillary offence relating to a qualifying offence where it is alleged that the qualifying offence was, or would have been, committed outside the United Kingdom.
(4D) In subsection (4C) “qualifying offence” means any of the following—
(a) piracy or an offence under section 2 of the Piracy Act 1837 (piracy where murder is attempted);
(b) an offence under section 1 of the Geneva Conventions Act 1957 (grave breaches of Geneva conventions);
(c) an offence which (disregarding the provisions of the Suppression of Terrorism Act 1978, the Nuclear Material (Offences) Act 1983, the United Nations Personnel Act 1997 and the Terrorism Act 2000) would not be an offence apart from section 1 of the Internationally Protected Persons Act 1978 (attacks and threats of attacks on protected persons);
(d) an offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking);
(e) an offence under section 1, 2 or 6 of the Aviation Security Act 1982 (hijacking etc);
(f) an offence which (disregarding the provisions of the Internationally Protected Persons Act 1978, the Suppression of Terrorism Act 1978, the United Nations Personnel Act 1997 and the Terrorism Act 2000) would not be an offence apart from sections 1 to 2A of the Nuclear Material (Offences) Act 1983 (offences relating to nuclear material);
(g) an offence under section 134 of the Criminal Justice Act 1988 (torture);
(h) an offence under section 1 of the Aviation and Maritime Security Act 1990 (endangering safety at aerodromes);
(i) an offence under sections 9 to 14 of that Act (hijacking ships etc);
(j) an offence which (disregarding the provisions of the Internationally Protected Persons Act 1978, the Suppression of Terrorism Act 1978, the Nuclear Material (Offences) Act 1983 and the Terrorism Act 2000) would not be an offence apart from sections 1 to 3 of the United Nations Personnel Act 1997 (attacks on UN workers etc).
(4E) In subsection (4C) “ancillary offence”, in relation to an offence, means—
(a) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence (including, in relation to times before the commencement of that Part, an offence of incitement);
(b) attempting or conspiring to commit the offence.
.
(2) In section 25 of the Prosecution of Offences Act 1985 (consents to prosecutions etc), after subsection (2) insert—
(2A) Subsection (2)(a) is subject to section 1(4A) of the Magistrates' Courts Act 1980.
.
(1) Any power of the Secretary of State ... under this Act to make an order or regulations is exercisable by statutory instrument.
(2) A statutory instrument containing any of the following orders or regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—
(a) regulations under section 31 or 54(2) or paragraph 36(1) (a) or 40 of Schedule 6;
(b) an order under section 50 or 58;
(c) regulations under section 126, 128, 129, 131, 134 or 136(2);
(d) an order under paragraph 24 of Schedule 15 which contains provision amending an Act (whether or not it also contains other provision).
(3) Any other statutory instrument containing an order or regulations under this Act, except an instrument containing only an order specified in subsection (4), is subject to annulment in pursuance of a resolution of either House of Parliament.
(4) The orders referred to subsection (3) are those under section 54(1)(b), 55(1), 75 or 157.
(5) An order or regulations made by the Secretary of State ... under this Act may—
(a) include incidental, supplementary and consequential provision;
(b) make transitory or transitional provision or savings;
(c) make different provision for different cases, areas or purposes.
The following are to be paid out of money provided by Parliament—
(a) expenditure incurred by a Minister of the Crown by virtue of this Act;
(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.
(1) This Act extends to England and Wales only.
(2) Subsection (1) is subject to subsections (3) to (6).
(3) The following provisions extend to England and Wales, Scotland and Northern Ireland—
(a) section 58 (power to make provision about elections etc),
(b) section 151 and Schedule 17 (temporary class drug orders),
(c) section 152 (Advisory Council on the Misuse of Drugs),
(d) section 154 (orders and regulations) so far as relating to an order under section 58, and
(e) this section and sections 157 and 158 (final provisions).
(4) Section 98 and Schedule 15 apply to England and Wales and Scotland.
(5) The amendments, repeals and revocations made by this Act (so far as not made by provision mentioned in subsection (3)(b) or (c)) have the same extent as the provisions amended, repealed or revoked.
(6) Subsection (5) does not apply to the amendment made to section 2 of the Parks Regulation (Amendment) Act 1926 by section 150(1) above (which accordingly extends to England and Wales only).