Police and Criminal Evidence Act 1984

• (5) The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3A)(b)(iii) (sample, and any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.

Persons convicted etc of an offence in England and Wales

11

• (1) A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3B).

• (2) Where the condition in section 63(3BA)(a) is satisfied (sample not taken previously), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with—

• (a) the day on which the person was convicted or cautioned , or

• (b) if later, the day on which this Schedule comes into force.

• (3) Where the condition in section 63(3BA)(b) is satisfied (sample taken on a previous occasion not suitable etc ), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with—

• (a) the day on which an appropriate officer was informed of the matters specified in section 63(3BA)(b)(i) or (ii), or

• (b) if later, the day on which this Schedule comes into force.

• (4) In sub-paragraph (3)(a) above “ appropriate officer ” means an officer of the police force which investigated the offence in question.

• (5) Sub-paragraphs (2) and (3) above do not apply where—

• (a) the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction or caution ), or

• (b) he was convicted before 10th April 1995 and is a person to whom section 1 of the Criminal Evidence (Amendment) Act 1997 applies.

Persons subject to a control order

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons convicted etc of an offence outside England and Wales

13

A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3E).

Multiple exercise of power

14

• (1) Where a non-intimate sample has been taken from a person under section 63 on two occasions in relation to any offence, he may not under this Schedule be required to attend a police station to have another such sample taken from him under that section in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector.

• (2) Where an authorisation is given under sub-paragraph (1) above—

• (a) the fact of the authorisation, and

• (b) the reasons for giving it,

shall be recorded as soon as practicable after it has been given.

PART 3A — Photographs

Persons arrested and released

14A

• (1) A constable may require a person who falls within section 64A(1D)(a) to attend a police station to be photographed under section 64A(1C).

• (2) The power under sub-paragraph (1) may not be exercised in a case where section 64A(1E)(b) applies (photograph taken on a previous occasion unavailable or inadequate) after the end of the period of six months beginning with the day on which the appropriate officer was informed that section 64(1E)(b)(i) applied.

• (3) In sub-paragraph (2) the “appropriate officer” means the officer investigating the offence for which the person was arrested.

Persons charged etc.

14B

• (1) A constable may require a person who falls within section 64A(1D)(b) or (c) to attend a police station to be photographed under section 64A(1C).

• (2) The power under sub-paragraph (1) may not be exercised after the end of the period of six months beginning with—

• (a) in a case where section 64A(1E)(a) applies (photograph not previously taken), the day on which the person was charged or informed that they would be reported, or

• (b) in a case where section 64A(1E)(b) applies (photograph taken on a previous occasion unavailable or inadequate), the day on which the appropriate officer was informed that section 64A(1E)(b)(i) applied.

• (3) In sub-paragraph (2)(b) the “appropriate officer” means the officer investigating the offence for which the person was charged or informed that they would be reported.

Persons convicted of an offence etc. in England and Wales

14C

• (1) A constable may require a person who falls within section 64A(1F) to attend a police station to be photographed under section 64A(1C).

• (2) Where section 64A(1G)(a) applies (photographs not previously taken), the power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with—

• (a) the day on which the person was convicted or cautioned, or

• (b) if later, the day on which this Part comes into force.

• (3) Where section 64A(1G)(b) applies (photograph taken on previous occasion unavailable or inadequate), the power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with—

• (a) the day on which an appropriate officer was informed that section 64A(1G)(b)(i) applied, or

• (b) if later, the day on which this Part comes into force.

• (4) In sub-paragraph (3)(a), “appropriate officer” means an officer of the police force which investigated the offence in question.

• (5) Sub-paragraphs (2) and (3) do not apply where the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction or caution).

Persons convicted of an offence etc. outside England and Wales

14D

A constable may require a person falling within section 64A(1H) to attend at a police station to be photographed under section 64A(1C).

Multiple exercise of power

14E

• (1) Where a photograph is taken of a person under section 64A on two occasions in relation to any offence, the person may not under this Schedule be required to attend a police station to be photographed under that section in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector.

• (2) Where an authorisation is given under sub-paragraph (1)—

• (a) the fact of the authorisation, and

• (b) the reasons for giving it,

must be recorded as soon as practicable after it has been given.

Part 4 — General and supplementary

Requirement to have power to take fingerprints , sample or photograph

15

A power conferred by this Schedule to require a person to attend a police station for the purposes of taking fingerprints , a sample or a photograph under any provision of this Act may be exercised only in a case where the fingerprints , sample or photograph may be taken from the person under that provision (and, in particular, if any necessary authorisation for taking the fingerprints , sample or photograph under that provision has been obtained).

Date and time of attendance

16

• (1) A requirement under this Schedule—

• (a) must direct the person to attend the police station on a specified date, and

• (b) may either direct the person to attend the police station at a specified time on that date or direct the person to attend the police station between specified times on that date.

• (2) In specifying a date, time or times for the purposes of sub-paragraph (1) above, the constable shall consider whether the fingerprints , sample or photograph could reasonably be taken at a time when the person is for any other reason required to attend the police station.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) If the constable giving a requirement under this Schedule and the person to whom it is given so agree, it may be varied so as to specify any date, time at which or times between which the person must attend; but a variation shall not have effect unless confirmed by the constable in writing.

Enforcement

17

A constable may arrest without warrant a person who has failed to comply with a requirement under this Schedule.

SCHEDULE 3

Part I — Provisions Supplementary to Section 68

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1–7

Part II — Provisions Supplementary to Section 69

8

In any proceedings where it is desired to give a statement in evidence in accordance with section 69 above, a certificate—

• (a) identifying the document containing the statement and describing the manner in which it was produced;

• (b) giving such particulars of any device involved in the production of that document as may be appropriate for the purpose of showing that the document was produced by a computer;

• (c) dealing with any of the matters mentioned in subsection (1) of section 69 above; and

• (d) purporting to be signed by a person occupying a responsible position in relation to the operation of the computer,

shall be evidence of anything stated in it; and for the purposes of this paragraph it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.

9

Notwithstanding paragraph 8 above, a court may require oral evidence to be given of anything of which evidence could be given by a certificate under that paragraph ; but the preceding provisions of this paragraph shall not apply where the court is a magistrates’ court inquiring into an offence as examining justices..

10

Any person who in a certificate tendered under paragraph 8 above in a magistrates’ court, the Crown Court or the Court of Appeal makes a statement which he knows to be false or does not believe to be true shall be guilty of an offence and liable—

• (a) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;

• (b) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum . . . or to both.

11

In estimating the weight, if any, to be attached to a statement regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement and, in particular—

• (a) to the question whether or not the information which the information contained in the statement reproduces or is derived from was supplied to the relevant computer, or recorded for the purpose of being supplied to it, contemporaneously with the occurrence or existence of the facts dealt with in that information; and

• (b) to the question whether or not any person concerned with the supply of information to that computer, or with the operation of that computer or any equipment by means of which the document containing the statement was produced by it, had any incentive to conceal or misrepresent the facts.

12

For the purposes of paragraph 11 above information shall be taken to be supplied to a computer whether it is supplied directly or (with or without human intervention) by means of any appropriate equipment.

Part III — Provisions Supplementary to Sections 68 and 69

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

14

For the purpose of deciding whether or not a statement is so admissible the court may draw any reasonable inference—

• (a) from the circumstances in which the statement was made or otherwise came into being; or

• (b) from any other circumstances, including the form and contents of the document in which the statement is contained.

15

Provision may be made by rules of court for supplementing the provisions of section 68 or 69 above or this Schedule.

SCHEDULE 4

Part I — General

Constitution of Authority

1

• (1) The Police Complaints Authority shall consist of a chairman and not less than 8 other members.

• (2) The chairman shall be appointed by Her Majesty.

• (3) The other members shall be appointed by the Secretary of State.

• (4) The members of the Authority shall not include any person who is or has been a constable in any part of the United Kingdom.

• (5) Persons may be appointed as whole-time or part-time members of the Authority.

• (6) The Secretary of State may appoint not more than two of the members of the Authority to be deputy chairmen.

Incorporation and status of Authority

2

• (1) The Authority shall be a body corporate.

• (2) It is hereby declared that the Authority are not to be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown; and the Authority’s property shall not be regarded as property of or property held on behalf of the Crown.

Members

3

• (1) Subject to the following provisions of this Schedule, a person shall hold an office to which he is appointed under paragraph 1(2), (3) or (6) above in accordance with the terms of his appointment.

• (2) A person shall not be appointed to such an office for more than 3 years at a time.

• (3) A person may at any time resign such an office.

• (4) The Secretary of State may at any time remove a person from such an office if satisfied that—

• (a) he has without reasonable excuse failed to carry out his duties for a continuous period of 3 months beginning not earlier than 6 months before that time; or

• (b) he has been convicted of a criminal offence; or

• (c) he has become bankrupt or made an arrangement with his creditors; or

• (d) he is incapacitated by physical or mental illness; or

• (da) he has acted improperly in relation to his duties, or

• (e) he is otherwise unable or unfit to perform his duties.

4

The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of persons appointed to office under paragraph 1(2), (3) or (6) above or any of them as, with the consent of the Treasury, he may determine.

5

Where a person ceases to hold such an office otherwise than on the expiry of his term of office, and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may, with the consent of the Treasury, direct the Authority to make to the person a payment of such amount as, with the consent of the Treasury, the Secretary of State may determine.

Staff

6

The Authority may, after consultation with the Secretary of State, appoint such officers and servants as the Authority think fit, subject to the approval of the Treasury as to numbers and as to remuneration and other terms and conditions of service.

7

• (1) Employment by the Authority shall be included among the kinds of employment to which a superannuation scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act, at the end of the list of “Other Bodies” there shall be inserted—

Police Complaints Authority

.

• (2) Where a person who is employed by the Authority and is by reference to that employment a participant in a scheme under section 1 of the said Act of 1972 is appointed to an office under paragraph 1(2), (3) or (6) above the Treasury may determine that his service in that office shall be treated for the purposes of the scheme as service as an employee of the Authority; and his rights under the scheme shall not be affected by paragraph 4 above.

8

The Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Authority.

Power of Authority to set up regional offices

9

• (1) If it appears to the Authority that it is necessary to do so in order to discharge their duties efficiently, the Authority may, with the consent of the Secretary of State and the Treasury, set up a regional office in any place in England and Wales.

• (2) The Authority may delegate any of their functions to a regional office.

Proceedings

10

• (1) Subject to the provisions of this Act, the arrangements for the proceedings of the Authority (including the quorum for meetings) shall be such as the Authority may determine.

• (2) The arrangements may, with the approval of the Secretary of State, provide for the discharge, under the general direction of the Authority, of any of the Authority’s functions by a committee or by one or more of the members, officers or servants of the Authority.

11

The validity of any proceedings of the Authority shall not be affected—

• (a) by any defect in the appointment—

• (i) of the chairman;

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) of any other member, or

• (b) by any vacancy—

• (i) in the office of chairman;

• (ii) among the other members; . . .

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Finance

12

The Secretary of State shall pay to the Authority expenses incurred or to be incurred by the Authority under paragraphs 5 and 6 above and, with the consent of the Treasury, shall pay to the Authority such sums as the Secretary of State thinks fit for enabling the Authority to meet other expenses.

13

• (1) It shall be the duty of the Authority—

• (a) to keep proper accounts and proper records in relation to the accounts;

• (b) to prepare in respect of each financial year of the Authority a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and

• (c) to send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

• (2) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before Parliament.

• (3) The financial year of the Authority shall be the 12 months ending on 31st March.

Part II — Transitional

Information received by Police Complaints Board

14

• (1) No information received by the Police Complaints Board in connection with any complaint shall be disclosed by any person who has been a member, officer or servant of the Board except—

• (a) to the Secretary of State or to a member, officer or servant of the Authority or, so far as may be necessary for the proper discharge of the functions of the authority, to other persons; or

• (b) for the purposes of any criminal, civil or disciplinary proceedings.

• (2) Any person who discloses information in contravention of this paragraph shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale . . ..

Property, rights and liabilities

15

• (1) On the day on which section 83 above comes into operation all property, rights and liabilities which immediately before that day were property, rights and liabilities of the Police Complaints Board shall vest in the Authority by virtue of this paragraph and without further assurance.

• (2) Section 12 of the Finance Act 1895 (which requires Acts to be stamped as conveyances on sale in certain cases) shall not apply to any transfer of property effected by this paragraph.

Proceedings

16

Proceedings in any court to which the Police Complaints Board is a party and which are pending immediately before the date on which section 83 above comes into operation may be continued on and after that day by the Authority.

Payments to former members of Police Complaints Board

17

Where a person—

• (a) ceases to be a member of the Police Complaints Board by reason of its abolition; and

• (b) does not become a member of the Authority,

the Secretary of State may, with the consent of the Treasury, make to the person a payment of such amount as, with the consent of the Treasury, the Secretary of State may determine.

General

18

Paragraphs 14 to 17 above are without prejudice to the generality of section 121(4) above.

SCHEDULE 5

Part I — Offences Mentioned in Section 116(2)(a)

1

Treason.

2

Murder.

3

Manslaughter.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

Kidnapping.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) of being knowingly concerned, in relation to any goods, in any fraudulent evasion or attempt at evasion of a prohibition in force with respect to the goods under section 42 of the Customs Consolidation Act 1876 (c. 36) (prohibition on importing indecent or obscene articles).

Part II — Offences Mentioned in Section 116(2)(b)

Explosive Substances Act 1883 (c. 3)

1

Section 2 (causing explosion likely to endanger life or property).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Firearms Act 1968 (c. 27)

3

Section 16 (possession of firearms with intent to injure).

4

Section 17(1) (use of firearms and imitation firearms to resist arrest).

5

Section 18 (carrying firearms with criminal intent).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

Taking of Hostages Act 1982 (c. 28)

7

Section 1 (hostage-taking).

Aviation Security Act 1982 (c. 36)

8

Section 1 (hi-jacking).

Criminal Justice Act 1988 (c. 33)

9

Section 134 (Torture).

The Road Traffic Act 1988 (c. 52)

Section 1 (causing death by dangerous driving). Section 3A (causing death by careless driving when under the influence of drink or drugs).

Aviation and Maritime Security Act 1990 (c. 31)

11

Section 1 (endangering safety at aerodromes).

12

Section 9 (hijacking of ships).

13

Section 10 (seizing or exercising control of fixed platforms).

Channel Tunnel (Security) Order 1994 No.

14

Article 4 (hijacking of Channel Tunnel trains).

15

Article 5 (seizing or exercising control of the tunnel system).

Protection of Children Act 1978 (c. 37.)

16

Section 1 (indecent photographs and pseudo-photographs of children).

Obscene Publications Act 1959 (c.66.)

17

Section 2 (publication of obscene matter).

Sexual Offences Act 2003

18

Section 1 (rape).

19

Section 2 (assault by penetration).

20

Section 4 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section.

21

Section 5 (rape of a child under 13).

22

Section 6 (assault of a child under 13 by penetration).

23

Section 8 (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.

25

Section 31 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.

Domestic Violence, Crime and Victims Act 2004

24

Section 5 (causing or allowing the death of a child or vulnerable adult).

SCHEDULE 6

Part I — England and Wales

Game Act 1831 (c. 32)

1

The following section shall be inserted after section 31 of the Game Act 1831—

(31A) The powers conferred by section 31 above to require a person found on land as mentioned in that section to quit the land and to tell his christian name, surname, and place of abode shall also be exercisable by a police constable.

.

Metropolitan Police Act 1839 (c. 47)

2

In section 39 of the Metropolitan Police Act 1839 (fairs within the metropolitan police district) after the word “amusement” there shall be inserted the words “shall be guilty of an offence”.

Railway Regulation Act 1840 (c. 97)

3

In section 16 of the Railway Regulation Act 1840 (persons obstructing officers of railway company or trespassing upon railway) for the words from “and” in the third place where it occurs to “justice,” in the third place where it occurs there shall be substituted the words “, upon conviction by a magistrates’ court, at the discretion of the court,”.

London Hackney Carriages Act 1843 (c. 86)

4

In section 27 of the London Hackney Carriages Act 1843 (no person to act as driver of carriage without consent of proprietor) for the words after “constable” there shall be substituted the words “if necessary, to take charge of the carriage and every horse in charge of any person unlawfully acting as a driver and to deposit the same in some place of safe custody until the same can be applied for by the proprietor.”.

Town Gardens Protection Act 1863 (c. 13)

5

In section 5 of the Town Gardens Protection Act 1863 (penalty for injuring garden) for the words from the beginning to “district” there shall be substituted the words “Any person who throws any rubbish into any such garden, or trespasses therein, or gets over the railings or fence, or steals or damages the flowers or plants, or commits any nuisance therein, shall be guilty of an offence and”.

Parks Regulation Act 1872 (c. 15)

6

The following section shall be substituted for section 5 of the Parks Regulation Act 1872 (apprehension of offender whose name or residence is not known)—

(5) Any person who— (a) within the view of a park constable acts in contravention of any of the said regulations in the park where the park constable has jurisdiction; and (b) when required by any park constable or by any police constable to give his name and address gives a false name or false address, shall be liable on summary conviction to a penalty of an amount not exceeding level 1 on the standard scale, as defined in section 75 of the Criminal Justice Act 1982.

.

Dogs (Protection of Livestock) Act 1953 (c. 28)

7

In the Dogs (Protection of Livestock) Act 1953 the following section shall be inserted after section 2—

(2A) If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing— (a) that an offence under this Act has been committed; and (b) that the dog in respect of which the offence has been committed is on premises specified in the application, he may issue a warrant authorising a constable to enter and search the premises in order to identify the dog.

.

Army Act 1955 (c. 18)Air Force Act 1955 (c. 19)

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sexual Offences Act 1956 (c. 69)

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Game Laws (Amendment) Act 1960 (c. 36)

10

In subsection (1) of section 2 of the Game Laws (Amendment) Act 1960 (power of police to enter on land) for the words “purpose of exercising any power conferred on him by the foregoing section” there shall be substituted the words

purpose— (a) of exercising in relation to him the powers under section 31 of the Game Act 1831 which section 31A of that Act confers on police constables; or (b) of arresting him in accordance with section 25 of the Police and Criminal Evidence Act 1984.

.

11

In subsection (1) of section 4 of that Act (enforcement powers) for the words from “under”, in the first place where it occurs, to “thirty-one” there shall be substituted the words “, in accordance with section 25 of the Police and Criminal Evidence Act 1984, for an offence under section one or section nine of the Night Poaching Act 1828, or under section thirty”.

Betting, Gaming and Lotteries Act 1963 (c. 2)

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Deer Act 1963 (c. 36)

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police Act 1964 (c. 48)

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Law Act 1967 (c. 58)

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Theatres Act 1968 (c. 54)

18

In section 15(1) of the Theatres Act 1968 (powers of entry and inspection) for the words “fourteen days” there shall be substituted the words “one month”.

Children and Young Persons Act 1969 (c. 54)

19

In the Children and Young Persons Act 1969—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the following section shall be substituted for section 29—

(29) A child or young person arrested in pursuance of a warrant shall not be released unless he or his parent or guardian (with or without sureties) enters into a recognisance for such amount as the custody officer at the police station where he is detained considers will secure his attendance at the hearing of the charge; and the recognisance entered into in pursuance of this section may, if the custody officer thinks fit, be conditioned for the attendance of the parent or guardian at the hearing in addition to the child or young person.

.

Immigration Act 1971 (c. 77)

20

In section 25(3) of the Immigration Act 1971 for the words “A constable or” there shall be substituted the word “An”.

Criminal Justice Act 1972 (c. 71)

21

In subsection (1) of section 34 of the Criminal Justice Act 1972 (powers of constable to take drunken offender to treatment centre) for the words from the beginning to “section the” there shall be substituted the words

On arresting an offender for an offence under— (a) section 12 of the Licensing Act 1872; or (b) section 91(1) of the Criminal Justice Act 1967, a

.

. . .

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Deer Act 1980 (c. 49)

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Animal Health Act 1981 (c. 22)

24

In subsection (5) of section 60 of the Animal Health Act 1981 (enforcement powers) for the words “a constable or other officer” there shall be substituted the words “an officer other than a constable”.

Wildlife and Countryside Act 1981 (c. 69)

25

In subsection (2) of section 19 of the Wildlife and Countryside Act 1981 (enforcement powers) after the words “subsection (1)” there shall be inserted the words “or arresting a person, in accordance with section 25 of the Police and Criminal Evidence Act 1984, for such an offence”.

Mental Health Act 1983 (c. 20)

26

In section 135(4) of the Mental Health Act 1983 for the words “the constable to whom it is addressed”, in both places where they occur, there shall be substituted the words “a constable”.

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Other Amendments

Army Act 1955 (c. 18)

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Air Force Act 1955 (c. 19)

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police (Scotland) Act 1967 (c. 77)

30

In section 6(2) of the Police (Scotland) Act 1967 (constables below rank of assistant chief constable) for the words “an assistant chief constable or a constable holding the office of deputy chief constable” there shall be substituted the words “a deputy chief constable or an assistant chief constable”.

31

In section 7(1) of that Act (ranks) after the words “chief constable,” there shall be inserted the words “deputy chief constable,”.

32

In section 26(7) of that Act (disciplinary authority) immediately before the words “deputy chief constable” there shall be inserted the word “any”.

33

In section 31(2) of that Act (compulsory retirement of chief constable etc.) for the words “the deputy or an assistant chief constable” there shall be substituted the words “a deputy or assistant chief constable”.

Courts-Martial (Appeals) Act 1968 (c. 20)

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

House of Commons Disqualification Act 1975 (c. 24)Northern Ireland Assembly Disqualification Act 1975 (c. 25)

35

In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 and Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified under those Acts) there shall be inserted at the appropriate place in alphabetical order—

The Police Complaints Authority

.

Armed Forces Act 1976 (c. 52)

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Customs and Excise Management Act 1979 (c. 2)

37

The following subsection shall be substituted for section 138(4) of the Customs and Excise Management Act 1979—

(4) Where any person has been arrested by a person who is not an officer— (a) by virtue of this section; or (b) by virtue of section 24 of the Police and Criminal Evidence Act 1984 in its application to offences under the customs and excise Acts, the person arresting him shall give notice of the arrest to an officer at the nearest convenient office of customs and excise.

.

38

In section 161 of that Act—

• (a) in subsection (3), for the words from “that officer” to the end of the subsection there shall be substituted the words “any officer and any person accompanying an officer to enter and search the building or place named in the warrant within one month from that day”; and

• (b) in subsection (4), for the words “person named in a warrant under subsection (3) above” there shall be substituted the words “other person so authorised”.

Betting and Gaming Duties Act 1981 (c. 63)

39

In the following provisions of the Betting and Gaming Duties Act 1981, namely—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for the words “fourteen days” there shall be substituted the words “one month”.

Car Tax Act 1983 (c. 53)

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Value Added Tax Act 1983 (c. 55)

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7

Part I — Enactments Repealed in Consequence of Parts I to V

Part II — Enactments Repealed in Relation to Criminal Proceedings in Consequence of Part VII

Part III — Enactments Repealed Generally in Consequence of Part VII

Part IV — Enactments Repealed in Relation to Criminal Proceedings in Consequence of Part VIII

Part V — Enactments Repealed Generally in Consequence of Part VIII

Part VI — Miscellaneous Repeals

Editorial notes

[^c11314161]: By Criminal Justice Act 1991 (c.53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s.70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

[^c11314171]: Act extended (15.4.1992) by S.I. 1992/975, art. 16(13). Act extended (5.6.1992) by S.I. 1992/1302, art. 17(13). Act extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 2(1)(a); and Act extended by the said S.I. 1993/1813, art. 6, Sch. 3 para. 2 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 3 Act amended (17.5.1996) by S.I. 1996/1296, art. 16(7)(a) Act amended (16.6.2000) by S.I. 2000/1556, art. 17(12) Act extended (temp.) (1.11.1997) by S.I. 1997/2592, arts. 1(2), 12(12)

[^c11314211]: 1968 c. 60.

[^c11314221]: S. 1(8A) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 140(1)(c)

[^c11314231]: 1982 c. 36.

[^c11314241]: 1982 c. 36.

[^c11314261]: Word in s. 4(1)(a) substituted (1.9.1994) by 1994 c. 22, ss. 66(1), 63, Sch. 3 para.19 (with s. 57(4))

[^c11314271]: Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 27(1)

[^c11314331]: S. 5(1)(a) substituted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 Pt. II para. 34

[^c11314341]: 1996 c. 16.

[^c11314361]: Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 140(2)

[^c11314451]: S. 6(1A) inserted (13.8.1999) by S.I. 1999/1998, art. 5(1)

[^c11314461]: Words in s. 6(1A) substituted (1.2.2001) by 2000 c. 38, s. 217, Sch. 18 para. 5; S.I. 2001/57, art. 3(1) (Subject to Sch. 2 Pt II)

[^c11314471]: Words in s. 6(2) inserted (13.8.1999) by S.I. 1999/1998, art. 5(2)

[^c11314511]: 1824 c. 83.

[^c11314521]: 1839 c. 47.

[^c11314531]: 1840 c. 50.

[^c11314541]: 1871 c. 96.

[^c11314551]: 1980 c. x.

[^c11314561]: 1980 c. xi.

[^c11314571]: Pt. II (ss. 8-23) extended (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 7(1); S.I. 1991/1072, art. 2 Sch. Pt. I Pt. II (ss. 8-23) applied (with modifications) (17.5.1996) by S.I. 1996/1296, art. 16(1) Pt. II (ss. 8-23) amended (17.5.1996) by S.I. 1996/1296, art. 16(7)(b) Pt. II (ss. 8-23) applied (with modifications) (15.3.1996) by S.I. 1996/716, art. 16(1) Pt. II (ss. 8-23) modified (1.9.2001) by 2001 c. 17, s. 33; S.I. 2001/2161, art. 2 (subject to art. 3) Pt. II (ss. 8-23): Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para 1; S.I. 2003/708, art. 2(a)(j)

[^c11314581]: Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

[^c11314591]: S. 8 extended (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 7(1); S.I. 1991/1072, art. 2, Sch. Pt. I S. 8 amended (1.10.1996) by 1996 c. 49, s. 7(3)(a)(4); S.I. 1996/2053, art. 2, Sch. Pt.III S. 8 extended (1.10.1997) by 1997 c. 43, ss. 18(3), 41, Sch. 1 para. 10(4); S.I. 1997/2200, art. 2(g) (with art. 5) S. 8 extended (2.12.2002 ) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 16(a); S.I. 2002/2750, art. 2(a)(ii)(d)

[^c11314661]: Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2

[^c11314671]: S. 9(2) extended by Cinemas Act 1985 (c. 13, SIF 45A), s. 13(8)

[^c11314681]: S. 9(2A) inserted (1.8.2001) by 2001 c. 16, s. 86(1); S.I. 2001/2223, art. 3(e)

[^c11314701]: Ss. 8, 9, 15, 16, 17(1)(b) (2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2

[^c11314711]: S. 15(5)-(8) applied (3.9.2001) by 2000 c. 8, s. 176(6); S.I. 2001/2632, art. 2, Sch. 1 Pt. 2

[^c11314771]: Ss. 8, 9, 15, 16, 17(1)(b) (2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a) (5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2

[^c11314781]: S. 16 applied (3.9.2001) by 2000 c. 8, s. 176(6); S.I. 2001/2632, art. 2, Sch. 1 Pt. 2 S. 16 applied (25.7.2003) by The Advanced Television Services Regulations 2003 (S.I. 2003/1901), reg. 8, Sch. para. 12

[^c11315111]: 1980 c. 43.

[^c11315121]: Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

[^c11315131]: Words repealed by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(3), Sch. 2 para. 7, Sch. 3

[^c11315141]: 1936 c. 6.

[^c11315151]: 1977 c. 45.

[^c11315171]: S. 17(1)(c)(iv) inserted (24.8.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 53(a); S.I. 1995/1957, art. 3

[^c11315181]: S. 17(1)(ca)(cb) inserted (5.9.1995) by 1995 c. 16, s. 2(1); S.I. 1995/2021, art. 2

[^c11315191]: Words in s. 17(1)(cb) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 95

[^c11315201]: Words in s. 17(1)(d) substituted (5.9.1995) by 1995 c. 16, s. 2(1); S.I. 1995/2021, art. 2

[^c11315241]: Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

[^c11315281]: Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2

[^c11315291]: S. 19(4) modified (1.4.2003) by 2001 c. 16, ss. 63, 138(2); S.I. 2003/708, art. 2(a)

[^c11315301]: Words in s. 19(4) substituted (1.4.2003) by 2001 c. 16, ss. 70, 138(2) Sch. 2 Pt. II para. 13(1)(a)(2)(a); S.I. 2003/708, art. 2(k)

[^c11315311]: Words in s. 19(4) inserted (1.4.2003) by 2001 c. 16, ss. 70, 138(2), Sch. 2 Pt. II para 13(1)(b)(2)(a); S.I. 2003/708, art. 2(k)

[^c11315321]: S. 19(6) excluded (1.4.2003) by 2001 c. 16, ss. 50 (2)(4)-(6), 138(2); S.I. 2003/708, art. 2(a) S. 19(6) excluded (1.4.2003) by 2001 c.16, ss. 51(2)(4)(5), 138(2); S.I. 2003/708, art. 2(a)

[^c11315351]: Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

[^c11315361]: S. 20 modified (1.4.2003) by 2001 c. 16, ss. 63, 138(2); S.I. 2003/708, art. 2(a)

[^c11315371]: Words in s. 20(1) substituted (1.4.2003) by 2001 c. 16, s. 70, Sch. 2 Pt. II para. 13(1)(a)(2)(a); S.I. 2003/708, art. 2(c)(k)

[^c11315381]: Words in s. 20(1) inserted (1.4.2003) by 2001 c. 16, s. 70, Sch. 2 Pt. II para. 13(1)(b)(2)(a); S.I. 2003/708, art. 2(c)(k)

[^c11315391]: Ss. 8, 9, 15, 16, 17(1)(b) (2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a) (5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2

[^c11315401]: Ss. 21, 22 amended by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 29(1) S. 21 modified: (3.2.1995) by 1994 c. 37, ss. 57(1), 69(2); (1.11.1995) by 1995 c. 11, s. 15(2) and S.I. 1995/2650, art.2 S. 21 modified (19.2.2001) by 2000 c. 11, s. 37, Sch. 5 para. 17; S.I. 2001/421, art. 2 S. 21 extended (1.11.1995) by 1988 c. 33, s. 93H (as inserted by 1995 c. 11, s.11; S.I. 1995/2650, art.2)

[^c11315411]: S. 21 modified (1.9.2001) by S.I. 1996/716, art 17D (as inserted by S.I. 2001/2563, art. 2)

[^c11315421]: S. 21 modified (1.9.2001) by 2001 c. 17, s. 37, Sch. 5 Pt. I para. 6(5); S.I. 2001/2161, art. 2 (subject to art. 3) S. 21 modified (2.12.2002) by 2002 c. 30, s. 38, Sch. 4 Pt. 2 para. 20; S.I. 2002/2750, art. 2(a)(ii)(d)

[^c11315491]: Ss. 21, 22 amended by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 29(1) S. 22 modified (3.2.1995) by 1994 c. 37, ss. 57(1), 69(2); (1.11.1995) by 1995 c. 11, s. 15(2) and S.I. 1995/2650, art. 2 S. 22 modified (19.2.2001) by 2000 c. 11, s. 37, Sch. 5 para. 17; S.I. 2001/421, art. 2 S. 22 extended (1.11.1995) by 1988 c. 33, s. 93H (as inserted by 1995 c. 11, s. 11; S.I. 1995/2650, art. 2)

[^c11315501]: S. 22 modified (1.9.2001) by S.I. 1996/716, art. 17D (as inserted (1.9.2001) by S.I. 2001/2563, art. 2)

[^c11315511]: S. 22 modified (1.9.2001) by 2001 c. 17, s. 37, Sch. 5 Pt. I para. 6(5); S.I. 2001/2161, art. 2 (subject to art. 3) S. 22 modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 16(i); S.I. 2002/2750, art. 2(a)(ii)(d) S. 22 modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 17(f); S.I. 2002/2750, art. 2(a)(ii)(d) S. 22 modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 18(f); S.I. 2002/2750, art. 2(a)(ii)(d) S. 22 modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 19(e); S.I. 2002/2750, art. 2(a)(ii)(d)

[^c11315521]: S. 22 applied (1.4.2003) by 2001 c. 16, ss. 57(1)(a)(4), 138; S.I. 2003/708, art. 2(a)

[^c11315531]: Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied (with modifications) by S.I. 1985/1800, arts. 3-11, Schs. 1, 2

[^c11315571]: 1897 c. 30.

[^c11315581]: S. 22(6) inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 para. 80(3); S.I. 2000/168, art. 2, Sch.

[^c11315591]: 1971 c. 77.

[^c11315601]: 1971 c. 61.

[^c11315611]: Pt. III: Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para. 1; S.I. 2003/708, art. 2(j) Pt. III: Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68, Sch. 1 Pt. 2 para. 74; S.I. 2003/708, art. 2(j)

[^c11319511]: S. 24 extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 2(4).

[^c11319531]: S. 24(2) modified (1.9.2001) by 2001 c. 16, s. 47(3); S.I. 2001/2223, art. 4(c)

[^c11320381]: S. 26 excluded by Representation of the People Act 1985 (c. 50, SIF 42), s. 25(1)

[^c11320451]: Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

[^c11320461]: Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

[^c11320621]: S. 30 extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 2(6); s. 30 extended by the said S.I. 1993/1813, art. 6, Sch. 3 para. 2 as in corporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 3

[^c11320641]: Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

[^c11320741]: 1971 c. 77.

[^c11320751]: 1972 c. 71.

[^c11320761]: S. 30(12)(c) substituted (19.2.2001) by 2000 c. 11, ss. 125, Sch. 15 para. 5(2) (with s. 129(1)(b)); 2001/421, art. 2

[^c11320771]: Ss. 8, 9, 15, 16, 17(1)(b) (2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2

[^c11321011]: S. 32 modified (3.11.1994) by 1994 c. 33, ss. 166(5), 172(2)(4)