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Criminal Justice and Police Act 2001

Type Public General Act
Publication 2001-05-11
Last updated 2025-12-27
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API
  • (2) In paragraph 2(3) of Schedule 2A to that Act (which makes corresponding provision for the Metropolitan Police Authority), for the words from “the members for” onwards there shall be substituted “ in the case of the members of the Authority who are members of the London Assembly appointed under this paragraph, the proportion who are members of any given party is the same as the proportion of the members of the London Assembly who are members of that party ”.

Removal of age qualification for membership

106
  • (1) The following provisions (which disqualify persons of more than seventy years old from membership of police authorities etc. and from selection panels of police authorities) shall cease to have effect—
  • (a) paragraph 10 of Schedule 2 to the 1996 Act (police authorities outside London);
  • (b) paragraph 1(b) of Schedule 2 to the 1997 Act (service authorities for the National Crime Squad and the National Criminal Intelligence Service).
  • (2) Accordingly, in paragraphs 12 to 14 of Schedule 2 to the 1996 Act, for the words “paragraphs 10 and 11”, wherever they occur, there shall be substituted “ paragraph 11 ”.

Payment of allowances to authority members etc.

107
  • (1) In each of the following provisions (which provide for the members of certain authorities to be made such payments by way of reimbursement of expenses and allowances as the Secretary of State may determine), the words “and allowances” shall be omitted—
  • (a) paragraph 25(1) of Schedule 2 to the 1996 Act (police authorities outside London);
  • (b) paragraph 20(1) of Schedule 2A to that Act (the Metropolitan Police Authority);
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2) After paragraph 25 of Schedule 2 to the 1996 Act (the police authorities outside London) there shall be inserted—

(25A) (1) Subject to the following provisions of this paragraph, a police authority may make to its chairman, vice-chairmen and other members such payments by way of allowances as the authority may determine. (2) Subject to sub-paragraph (6), no payment shall be made under this paragraph except in accordance with arrangements published by the authority not more than twelve months before the making of the payment. (3) A police authority may from time to time revise any arrangements made for the purposes of this paragraph; but, no revisions shall take effect until published by the authority. (4) It shall be the duty of a police authority, when making or revising any arrangements made for the purposes of this paragraph, to have regard to any guidance given by the Secretary of State about the payment of allowances. (5) Payments made under this paragraph may differ according to whether the recipient is the chairman, a vice chairman or other member or is appointed under paragraph 2, 5 or 8. (6) The Secretary of State may by regulations impose such limits as may be provided for by or under the regulations on the payments that may be made under this paragraph. (7) A statutory instrument containing regulations under sub-paragraph (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament. (25B) Paragraphs 25 and 25A shall have effect in relation to a police authority as if references to members of the authority included references to persons who are not members of the authority but are members of the authority’s standards committee; and the power to make different payments according to the recipient shall include power to make different payments to persons who are not members of the authority but are members of the authority’s standards committee.

  • (3) After paragraph 20 of Schedule 2A to that Act (the Metropolitan Police Authority) there shall be inserted—

(20A) (1) Subject to the following provisions of this paragraph, the Metropolitan Police Authority may make to its chairman, vice-chairmen and other members such payments by way of allowances as that Authority may determine. (2) Subject to sub-paragraphs (6) and (7), no payment shall be made under this paragraph except in accordance with arrangements published by the Metropolitan Police Authority not more than twelve months before the making of the payment. (3) The Metropolitan Police Authority may from time to time revise any arrangements made for the purposes of this paragraph; but, no revisions shall take effect until published by that Authority. (4) It shall be the duty of the Metropolitan Police Authority, when making or revising any arrangements made for the purposes of this paragraph, to have regard to any guidance given by the Secretary of State about the payment of allowances. (5) Payments made under this paragraph may differ according to whether the recipient is the chairman, a vice chairman or one of the other members of the Metropolitan Police Authority, or is appointed under paragraph 3 or 5. (6) No payment shall be made under this paragraph to any member of the Metropolitan Police Authority who is also a member of the London Assembly. (7) The Secretary of State may by regulations impose such limits as may be provided for by or under the regulations on the payments that may be made under this paragraph. (8) A statutory instrument containing regulations under sub-paragraph (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament. (20B) Paragraphs 20 and 20A shall have effect in relation to the Metropolitan Police Authority as if references to the members of that Authority included references to persons who are not members of that Authority but are members of the Authority’s standards committee; and the power to make different payments according to the recipient shall include power to make different payments to persons who are not members of that Authority but are members of the Authority’s standards committee.

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

Constitution of the Service Authorities for NCIS and NCS

Number and appointment of members

108

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Transitional provision relating to section 108 etc

109

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Financial provisions for NCIS Service Authority

Preparation of budget statement by NCIS Service Authority

110

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Funding of NCIS Service Authority

111

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Duty of NCIS Service Authority to prepare accounts

112

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Financial provisions for NCS Service Authority

Preparation of budget statement by NCS Service Authority

113

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Funding of NCS Service Authority

114

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Duty of NCS Service Authority to prepare accounts

115

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Director General and other members of NCIS

Appointment of NCIS Director General

116

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Removal of NCIS members (other than the Director General)

117

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Removal of NCIS Director General, etc.

118

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Director General and other members of NCS

Appointment of NCS Director General

119

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Removal of NCS members (other than the Director General)

120

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Removal of NCS Director General etc.

121

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Police ranks

Deputy Assistant Commissioners of Police of the Metropolis

122
  • (1) Before section 9G of the 1996 Act (appointment and removal of Commanders in the metropolitan police force), there shall be inserted—

(9FA) (1) The ranks that may be held in the metropolitan police force shall include that of Deputy Assistant Commissioner of Police of the Metropolis (“Deputy Assistant Commissioner”). (2) Any appointment of a Deputy Assistant Commissioner shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50. (3) Subsections (1) to (3) of section 9E shall apply in relation to a Deputy Assistant Commissioner as they apply in relation to the Commissioner of Police of the Metropolis. (4) Subsection (3) of this section is without prejudice to— (a) any regulations under section 50, or (b) any regulations under the Police Pensions Act 1976 (c. 35).

  • (2) In section 9H(2) of that Act (ranks that may be held in the metropolitan police force), for “and” at the end of paragraph (c) there shall be substituted—

(ca) Deputy Assistant Commissioner of Police of the Metropolis, and

.

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

Appointment and removal of deputy chief constables

123
  • (1) After section 11 of the 1996 Act (appointment and removal of chief constables), there shall be inserted—

(11A) (1) Every police force maintained under section 2 shall have a deputy chief constable. (2) The appointment of a person to be the deputy chief constable of a police force shall be made, in accordance with regulations under section 50, by the police authority responsible for maintaining that force, but only after consultation with the chief constable and subject to the approval of the Secretary of State. (3) Subsections (2) to (4) of section 11 shall apply in relation to a deputy chief constable as they apply in relation to a chief constable.

  • (2) In section 13 of that Act (ranks that may be held in police forces)—
  • (a) in subsection (1), after “chief constable” there shall be inserted “ , deputy chief constable ”; and
  • (b) subsection (2) shall be omitted.
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of deputy to exercise functions of chief constable

124
  • (1) In section 12 of the 1996 Act (assistant chief constable), subsections (4) to (6) shall be omitted.
  • (2) After that section, there shall be inserted—

(12A) (1) A deputy chief constable of a police force may exercise or perform any or all of the powers or duties of the chief constable of that force— (a) during any absence, incapacity or suspension from duty of the chief constable, (b) during any vacancy in the office of the chief constable, or (c) at any other time, with the consent of the chief constable. (2) A police authority responsible for maintaining a police force may designate a person holding the rank of assistant chief constable in that force to exercise or perform any or all of the powers or duties of the chief constable of that force— (a) during any absence, incapacity or suspension from duty of both the chief constable and the deputy chief constable, or (b) during any vacancy in the offices of both the chief constable and the deputy chief constable. (3) Only one person shall be authorised to act at any one time by virtue of a designation under subsection (2). (4) The power to act by virtue of subsection (1)(a) or (b) or subsection (2) shall not be exercisable for a continuous period exceeding three months except with the consent of the Secretary of State. (5) The provisions of subsections (1) and (2) shall be without prejudice to any other enactment that makes provision for the exercise by any other person of powers conferred on a chief constable.

Chief superintendents

125
  • (1) In section 9H(2) of the 1996 Act (ranks that shall be prescribed for the metropolitan police force), after “those of” there shall be inserted “ chief superintendent, ”.
  • (2) In section 13(1) of that Act (ranks that shall be prescribed for other police forces), after “ranks of” there shall be inserted “ chief superintendent, ”.
  • (3) In the provisions of that Act that are set out in subsection (4), before the word “superintendent”, wherever occurring, there shall be inserted “ chief ”.
  • (4) Those provisions are—
  • (a) section 50(3) (meaning of “senior officer” for the purposes of proceedings in which a member of a police force may be dismissed etc.);
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (c) section 84(1) and (3) (representation at disciplinary and other proceedings).
  • (5) In Schedule 6 to the 1996 Act (appeals to police appeal tribunals)—
  • (a) in paragraph 10(a), before “superintendent” there shall be inserted “ chief ”; and
  • (b) in paragraph 10(c)(i)—
  • (i) after “of the rank of” there shall be inserted “ chief superintendent or ”; and
  • (ii) for “that rank” there shall be substituted “ one of those ranks ”.
  • (6) The amendments of Schedule 6 to that Act by virtue of this section shall not affect any appeal brought by a member of a police force under section 85 of that Act before the coming into force of this section.

Police pensions etc.

Pensions for members of NCIS and NCS

126
  • (1) In section 7(2) of the Police Pensions Act 1976 (c. 35) (payment of pensions and contributions into Consolidated Fund or out of moneys provided by Parliament), before paragraph (d) there shall be inserted—

(ca) the Director General of the National Criminal Intelligence Service; (cb) the Director General of the National Crime Squad; (cc) a police member of the National Criminal Intelligence Service appointed under subsection (1)(b) of section 9 of the Police Act 1997 (c. 50) by virtue of subsection (2)(a) of that section; (cd) a police member of the National Crime Squad appointed under subsection (1)(b) of section 55 of the Police Act 1997 by virtue of subsection (2)(a) of that section;

.

  • (2) In section 11(1) of that Act (meaning of membership of police force or service in a police force), before paragraph (c) there shall be inserted—

(ba) service as the Director General of the National Criminal Intelligence Service; (bb) service as the Director General of the National Crime Squad; (bc) service as a police member of the National Criminal Intelligence Service appointed under subsection (1)(b) of section 9 of the Police Act 1997 by virtue of subsection (2)(a) of that section; (bd) service as a police member of the National Crime Squad appointed under subsection (1)(b) of section 55 of the Police Act 1997 by virtue of subsection (2)(a) of that section;

.

  • (3) In section 11(2) of that Act (meaning of “police authority”), for paragraphs (c) and (d) (service for which the service Authorities for the NCIS and NCS are treated as police authorities) there shall be substituted—

(c) in relation to any such service as is mentioned in subsection (ba) or (bc) above or any service of the kind described in section 97(1)(ca) of the Police Act 1996 (c. 16) or section 38A(1)(ba) of the Police (Scotland) Act 1967 (c. 77), it means the Service Authority for the National Criminal Intelligence Service; (d) in relation to any such service as is mentioned in subsection (bb) or (bd) above or any service of the kind described in section 97(1)(cb) of the Police Act 1996, it means the Service Authority for the National Crime Squad;

.

  • (4) In section 11(3)(b) of that Act (meaning of “police force”), after “(ab),” there shall be inserted “ (ba), (bb), (bc), (bd) ”.

Pensions for ACPO staff

127
  • (1) The persons to whom section 1 of the Superannuation Act 1972 (c. 11) (“the 1972 Act”) applies (persons to or in respect of whom benefits may be provided by schemes under that Act) shall include persons who at any time after the coming into force of this section are serving in employment with the Association of Chief Police Officers of England, Wales and Northern Ireland; and, accordingly, in Schedule 1 to that Act (kinds of employment to which that Act applies), in the entries under the heading “Other bodies”, there shall be inserted, at the appropriate place—

The Association of Chief Police Officers of England, Wales and Northern Ireland

.

  • (2) Section 1 of the 1972 Act shall also apply to persons who at any time before the coming into force of this section have ceased to serve with the Association of Chief Police Officers of England, Wales and Northern Ireland.
  • (3) The Association of Chief Police Officers of England, Wales and Northern Ireland shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to this section in the sums payable under the 1972 Act out of money provided by Parliament.

Minor and consequential amendments

Amendments relating to NCIS and NCS

128
  • (1) Schedule 6 to this Act (which makes minor and consequential amendments relating to this Part) shall have effect.
  • (2) In relation to any time before the coming into force of section 2(3) of the Police (Northern Ireland) Act 2000 (c. 32), the reference to the Northern Ireland Policing Board in Schedule 2A to the 1997 Act (inserted by Schedule 6 to this Act) shall be construed as a reference to the Police Authority for Northern Ireland.

Part 6 — Miscellaneous and supplemental

Remands and committals

Requirement to give reasons for granting or continuing bail

129
  • (1) After section 5(2) of the Bail Act 1976 (c. 63) (supplementary provisions about decisions on bail) there shall be inserted—

(2A) Where a magistrates’ court or the Crown Court grants bail in criminal proceedings to a person to whom section 4 of this Act applies after hearing representations from the prosecutor in favour of withholding bail, then the court shall give reasons for granting bail. (2B) A court which is by virtue of subsection (2A) above required to give reasons for its decision shall include a note of those reasons in the record of its decision and, if requested to do so by the prosecutor, shall cause the prosecutor to be given a copy of the record of the decision as soon as practicable after the record is made.

  • (2) After section 5A(1) of that Act (supplementary provisions in cases of police bail) there shall be inserted—

(1A) Subsections (2A) and (2B) shall be omitted.

  • (3) After section 5B(8) of that Act (reconsideration of decisions granting bail) there shall be inserted—

(8A) Where the court, on a reconsideration under this section, refuses to withhold bail from a relevant person after hearing representations from the prosecutor in favour of withholding bail, then the court shall give reasons for refusing to withhold bail. (8B) In subsection (8A) above, “relevant person” means a person to whom section 4(1) (and Schedule 1) of this Act is applicable in accordance with subsection (4) above. (8C) A court which is by virtue of subsection (8A) above required to give reasons for its decision shall include a note of those reasons in any record of its decision and, if requested to do so by the prosecutor, shall cause the prosecutor to be given a copy of any such record as soon as practicable after the record is made.

  • (4) In Part 1 of Schedule 1 to that Act, paragraph 9A (court to give reasons for granting bail in certain homicide and rape cases) shall be omitted.

Remands and committals to secure accommodation etc

130

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Monitoring of compliance with bail conditions

131
  • (1) In section 3 of the Bail Act 1976 (c. 63) (general provisions), after subsection (6) there shall be inserted—

(6ZAA) Subject to section 3AA below, if he is a child or young person he may be required to comply with requirements imposed for the purpose of securing the electronic monitoring of his compliance with any other requirement imposed on him as a condition of bail.

  • (2) After that section there shall be inserted—

(3AA) (1) A court shall not impose on a child or young person a requirement under section 3(6ZAA) above (an “electronic monitoring requirement”) unless each of the following conditions is satisfied. (2) The first condition is that the child or young person has attained the age of twelve years. (3) The second condition is that— (a) the child or young person is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or (b) he is charged with or has been convicted of one or more imprisonable offences which, together with any other imprisonable offences of which he has been convicted in any proceedings— (i) amount, or (ii) would, if he were convicted of the offences with which he is charged, amount, to a recent history of repeatedly committing imprisonable offences while remanded on bail or to local authority accommodation. (4) The third condition is that the court— (a) has been notified by the Secretary of State that electronic monitoring arrangements are available in each petty sessions area which is a relevant area; and (b) is satisfied that the necessary provision can be made under those arrangements. (5) The fourth condition is that a youth offending team has informed the court that in its opinion the imposition of such a requirement will be suitable in the case of the child or young person. (6) Where a court imposes an electronic monitoring requirement, the requirement shall include provision for making a person responsible for the monitoring; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State. (7) The Secretary of State may make rules for regulating— (a) the electronic monitoring of compliance with requirements imposed on a child or young person as a condition of bail; and (b) without prejudice to the generality of paragraph (a) above, the functions of persons made responsible for securing the electronic monitoring of compliance with such requirements. (8) Rules under this section may make different provision for different cases. (9) Any power of the Secretary of State to make an order or rules under this section shall be exercisable by statutory instrument. (10) A statutory instrument containing rules made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (11) In this section “local authority accommodation” has the same meaning as in the Children and Young Persons Act 1969 (c. 54). (12) For the purposes of this section a petty sessions area is a relevant area in relation to a proposed electronic monitoring requirement if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area.

  • (3) In subsection (7) of that section (cases where parent or guardian may be required to secure compliance with requirements), after “(6)” there shall be inserted “ , (6ZAA) ”.
  • (4) In section 3A(3) of that Act (which modifies section 3 of that Act in its application to bail granted by a custody officer), after “subsections” there shall be inserted “ (6ZAA), ”.

Monitoring of compliance with conditions of non-secure remand

132

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Arrangements for detention in secure training centres

133

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Criminal records

Registration for criminal records purposes

134
  • (1) After section 120 of the 1997 Act there shall be inserted—

(120A) (1) The Secretary of State may refuse to include a person in the register maintained for the purposes of this Part if it appears to him that the registration of that person is likely to make it possible for information to become available to an individual who, in the Secretary of State’s opinion, is not a suitable person to have access to that information. (2) The Secretary of State may remove a person from the register if it appears to the Secretary of State— (a) that the registration of that person is likely to make it possible for information to become available to an individual who, in the Secretary of State’s opinion, is not a suitable person to have access to that information; or (b) that the registration of that person has resulted in information becoming known to such an individual. (3) In determining for the purposes of this section whether an individual is a suitable person to have access to any information, the Secretary of State may have regard, in particular, to— (a) any information relating to that person which concerns a relevant matter; (b) whether that person is included in any list mentioned in section 113(3A) or (3C); and (c) any information provided to the Secretary of State under subsection (4). (4) It shall be the duty of the chief officer of any police force to comply, as soon as practicable after receiving it, with any request by the Secretary of State to provide the Secretary of State with information which— (a) is available to the chief officer; (b) relates to— (i) an applicant for registration; (ii) a registered person; or (iii) an individual who is likely to have access to information in consequence of the countersigning of applications by a particular applicant for registration or by a particular registered person; and (c) concerns a matter which the Secretary of State has notified to the chief officer to be a matter which, in the opinion of the Secretary of State, is relevant to the determination of the suitability of individuals for having access to the information that may be provided in consequence of the countersigning of applications under this Part. (5) In this section “relevant matter” has the same meaning as in section 113.

  • (2) In section 119 of that Act (sources of information)—
  • (a) in subsections (1) and (4) (supply of information to the Secretary of State for the purposes of applications under Part V), for “for the purposes of an application under this Part” there shall be substituted

for the purpose of enabling him to carry out his functions under this Part in relation to— (a) any application for a certificate or for registration; or (b) the determination of whether a person should continue to be a registered person.

;

  • (b) after subsection (1) there shall be inserted—

(1A) Any person who keeps a list mentioned in section 113(3A) or (3C) above shall make the contents of that list available to the Secretary of State for the purpose of enabling him to carry out his functions under this Part in relation to— (a) any application for a certificate or for registration; or (b) the determination of whether a person should continue to be a registered person.

and

  • (c) in subsection (3) (payment for information provided under subsection (2)), for “subsection (2)” there shall be substituted “ section 120A(4) or subsection (2) of this section ”.
  • (3) In section 120(2) of that Act (duty to grant registration), after “Subject to” there shall be inserted “ section 120A and ”.
  • (4) In section 120(3) of that Act (regulations about registration), after paragraph (a) there shall be inserted—

(aa) the nomination, in the case of a body corporate or unincorporate, of the individuals authorised to act for the body in relation to the countersigning of applications under this Part; (ab) the refusal by the Secretary of State, on such grounds as may be specified in or determined under the regulations, to accept or to continue to accept the nomination of a person as so authorised;

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Supplemental

Ministerial expenditure etc

135

There shall be paid out of money provided by Parliament—

  • (a) any expenditure incurred by the Secretary of State for or in connection with the carrying out of his functions under this Act; and
  • (b) any increase attributable to this Act in the sums which are payable out of money so provided under any other Act.

General interpretation

136

In this Act—

  • “the 1984 Act” means the Police and Criminal Evidence Act 1984 (c. 60);
  • “the 1996 Act” means the Police Act 1996 (c. 16); and
  • “the 1997 Act” means the Police Act 1997 (c. 50).

Repeals

137

The enactments and instruments mentioned in Schedule 7 (which include spent provisions) are hereby repealed or (as the case may be) revoked to the extent specified in the third column of that Schedule.

Short title, commencement and extent

138
  • (1) This Act may be cited as the Criminal Justice and Police Act 2001.
  • (2) The provisions of this Act, other than this section and sections 42 and 43, 81 to 85, 109, 116(7) and 119(7), shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed under this subsection for different purposes.
  • (3) An order under subsection (2) may contain such savings as the Secretary of State thinks fit.
  • (4) Section 85 comes into force at the end of the period of two months beginning with the day on which this Act is passed.
  • (5) Subject to subsections (6) to (12), this Act extends to England and Wales only.
  • (6) The following provisions of this Act extend to the United Kingdom—
  • (a) sections 33 to 38;
  • (b) Part 2;
  • (c) section 86(1) and (2);
  • (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (e) section 127; and
  • (f) section 136 and this section.
  • (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (8) Section 126 extends to Great Britain only.
  • (9) Sections 29, 39 to 41, 72, 75, 84 and 134 extend to England and Wales and Northern Ireland only.
  • (10) Section 83 extends to Northern Ireland only.
  • (11) Section 86(3) has the same extent as section 27 of the Petty Sessions (Ireland) Act 1851 (c. 93).
  • (12) An amendment, repeal or revocation contained in Schedule 4, 6 or 7 has the same extent as the enactment or instrument to which it relates.

SCHEDULE 1

Part 1 — Powers to which section 50 applies

Police and Criminal Evidence Act 1984 (c. 60)

1

Each of the powers of seizure conferred by the provisions of Part 2 or 3 of the 1984 Act (police powers of entry, search and seizure).

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12))

2

Each of the powers of seizure conferred by the provisions of Parts 3 and 4 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (police powers of entry, search and seizure).

Official Secrets Act 1911 (c. 28)

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Children and Young Persons (Harmful Publications) Act 1955 (c. 28)

4

The power of seizure conferred by section 3(1) of the Children and Young Persons (Harmful Publications) Act 1955 (seizure of copies of work to which that Act applies etc.).

Obscene Publications Act 1959 (c. 66)

5

Each of the powers of seizure conferred by section 3(1) and (2) of the Obscene Publications Act 1959 (power to search for and seize obscene materials and documents relating to a connected business).

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

6

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Licensing Act 1964 (c. 26)

7

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Firearms Act 1968 (c. 27)

8

The power of seizure conferred by section 46 of the Firearms Act 1968 (seizure of firearms etc.).

Trade Descriptions Act 1968 (c. 29)

9

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Theft Act 1968 (c. 60)

10

The power of seizure conferred by section 26(3) of the Theft Act 1968 (seizure of goods suspected of being stolen).

Gaming Act 1968 (c. 65)

11

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Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))

12

The power of seizure conferred by section 25(3) of the Theft Act (Northern Ireland) 1969 (seizure of goods suspected of being stolen).

Taxes Management Act 1970 (c. 9)

13

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

Misuse of Drugs Act 1971 (c. 38)

14

Each of the powers of seizure conferred by the provisions of section 23(2) and (3) of the Misuse of Drugs Act 1971 (power to search for and seize controlled drugs and related documents).

Immigration Act 1971 (c. 77)

15

Each of the powers of seizure conferred by the provisions of sections 28D(3), 28E(5) and 28F(6) of the Immigration Act 1971 (seizure of evidence of offences under that Act).

Fair Trading Act 1973 (c. 41)

16

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

Biological Weapons Act 1974 (c. 6)

17

Each of the powers of seizure conferred by the provisions of section 4(1)(b), (c) and (d) of the Biological Weapons Act 1974 (seizures under a warrant).

Prices Act 1974 (c. 24)

18

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

Consumer Credit Act 1974 (c. 39)

19

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

Lotteries and Amusements Act 1976 (c. 32)

20

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

Protection of Children Act 1978 (c. 37)

21

The power of seizure conferred by section 4(2) of the Protection of Children Act 1978 (seizure of indecent photographs or pseudo-photographs of children).

Protection of Children (Northern Ireland) Order 1978 (S.I. 1978 1047 (N.I. 17))

22

The power of seizure conferred by Article 4(1) of the Protection of Children (Northern Ireland) Order 1978 (seizure of indecent photographs or pseudo-photographs of children).

Customs and Excise Management Act 1979 (c. 2)

23

The power of seizure conferred by section 118C(4) of the Customs and Excise Management Act 1979 (seizure of evidence of fraud offences).

Estate Agents Act 1979 (c. 38)

24

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

Indecent Displays (Control) Act 1981 (c. 42)

25

The power of seizure conferred by section 2(3) of the Indecent Displays (Control) Act 1981 (seizure of indecent matter believed to have been used in the commission of an offence under that Act).

Forgery and Counterfeiting Act 1981 (c. 45)

26

Each of the powers of seizure conferred by the provisions of sections 7(1) and 24(1) of the Forgery and Counterfeiting Act 1981 (seizure of forgeries and counterfeits and of things used for making them etc.).

Betting and Gaming Duties Act 1981 (c. 63)

27

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

28

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

29

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

Firearms (Northern Ireland) Order 1981 (S.I. 1981 155 (N.I. 2))

30

The power of seizure conferred by Article 52 of the Firearms (Northern Ireland) Order 2004 (seizure of firearms, etc.).

Weights and Measures (Northern Ireland) Order 1981 (S.I. 1981 231 (N.I. 10))

31

The power of seizure conferred by paragraph 4 of Schedule 9 to the Weights and Measures (Northern Ireland) Order 1981.

Insurance Companies Act 1982 (c. 50)

32

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

Dogs (Northern Ireland) Order 1983 (S.I. 1983 764 (N.I. 8))

33

The power of seizure conferred by Article 25C(2) of the Dogs (Northern Ireland) Order 1983 (seizure of evidence of offences).

Video Recordings Act 1984 (c. 39)

34

The power of seizure conferred by section 17(2) of the Video Recordings Act 1984 (seizure of evidence of offences under that Act).

Companies Act 1985 (c. 6)

35

The power of seizure conferred by section 448(3) of the Companies Act 1985 (seizure of documents which have not been produced in compliance with a requirement etc.).

Weights and Measures Act 1985 (c. 72)

36

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

37

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

Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (S.I. 1985 1204 (N.I. 11))

38

The power of seizure conferred by Article 180(4) of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (seizure of evidence of offences under that Order).

Protection of Military Remains Act 1986 (c. 35)

39

The power of seizure conferred by section 6(3) of the Protection of Military Remains Act 1986 (seizure of evidence of offences under that Act etc.)

Financial Services Act 1986 (c. 60)

40

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

Greater London Council (General Powers) Act 1986 (c. iv)

41

Any power of seizure conferred by virtue of section 12 of the Greater London Council (General Powers) Act 1986 (seizure of items which may be subject to forfeiture).

Companies (Northern Ireland) Order 1986 (S.I. 1986 1032 (N.I. 6))

42

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

Banking Act 1987 (c. 22)

43

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

Criminal Justice Act 1987 (c. 38)

44

The power of seizure conferred by section 2(5) of the Criminal Justice Act 1987 (seizure of documents for the purposes of an investigation under section 1 of that Act).

Consumer Protection Act 1987 (c. 43)

45

Each of the powers of seizure conferred by the provisions of section 29(4) of the Consumer Protection Act 1987 (seizure for the purposes of ascertaining whether safety provisions have been contravened etc.).

Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987 2049 (N.I. 20))

46

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

Criminal Justice Act 1988 (c. 33)

47

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

48

The powers of seizure conferred by sections 109(4), 200(3A) and 297B(4) of the Copyright, Designs and Patents Act 1988 (seizure of evidence relating to offences concerning infringing copies, illicit recordings and unauthorised decoders).

Criminal Justice (International Co-operation) Act 1990 (c. 5)

49

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

Food Safety Act 1990 (c. 16)

50

The power of seizure conferred by section 32(6) of the Food Safety Act 1990 (seizure of evidence for the purposes of proceedings under that Act).

Computer Misuse Act 1990 (c. 18)

51

The power of seizure conferred by section 14(4) of the Computer Misuse Act 1990 (seizure of evidence of offences under that Act).

Human Fertilisation and Embryology Act 1990 (c. 37)

52

Each of the powers of seizure conferred by the provisions of paragraph 7(1) and (2) of Schedule 3B to the Human Fertilisation and Embryology Act 1990.

Property Misdescriptions Act 1991 (c. 29)

53

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

Dangerous Dogs Act 1991 (c. 65)

54

The power of seizure conferred by section 5(2) of the Dangerous Dogs Act 1991 (seizure of evidence of offences under that Act).

Food Safety (Northern Ireland) Order 1991 (S.I. 1991 762 (N.I. 7))

55

The power of seizure conferred by Article 33(7) of the Food Safety (Northern Ireland) Order 1991 (seizure of evidence of offences under that Order).

Timeshare Act 1992 (c. 35)

56

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

Finance Act 1994 (c. 9)

57

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

Value Added Tax Act 1994 (c. 23)

58

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

Drug Trafficking Act 1994 (c. 37)

59

The power of seizure conferred by section 56(5) of the Drug Trafficking Act 1994 (seizure of material likely to be of substantial value to an investigation into drug trafficking).

Chemical Weapons Act 1996 (c. 6)

60

Each of the powers of seizure conferred by the provisions of section 29(2)(c), (d) and (e) of the Chemical Weapons Act 1996 (seizure of evidence of offences under that Act).

Finance Act 1996 (c. 8)

61

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

Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996 1299 (N.I. 9))

62

The power of seizure conferred by Article 51(5) of the Proceeds of Crime (Northern Ireland) Order 1996 (seizure of material relevant to investigation).

Knives Act 1997 (c. 21)

63

The power of seizure conferred by section 5(2) of the Knives Act 1997 (seizure of publications consisting of or containing prohibited material).

Nuclear Explosions (Prohibitions and Inspections) Act 1998 (c. 7)

64

Each of the powers of seizure conferred by the provisions of section 10(2)(c), (d) and (e) of the Nuclear Explosions (Prohibitions and Inspections) Act 1998 (seizure of evidence of offences under that Act).

Data Protection Act 1998 (c. 29)

65

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

Landmines Act 1998 (c. 33)

66

Each of the powers of seizure conferred by the provisions of section 18(3)(c), (d) and (e) of the Landmines Act 1998 (seizure of evidence of offences under that Act).

Competition Act 1998 (c. 41)

67

Each of the powers of seizure conferred by sections 28(2) and 28A(2) of the Competition Act 1998 (seizure of documents or information).

Nuclear Safeguards Act 2000 (c. 5)

68

The power of seizure conferred by section 8(2) of the Nuclear Safeguards Act 2000 (seizure of evidence of offences under that Act etc.).

Financial Services and Markets Act 2000 (c. 8)

69

The power of seizure conferred by section 176(5) of the Financial Services and Markets Act 2000 (seizure of documents or information not supplied in compliance with a requirement etc.).

Terrorism Act 2000 (c. 11)

70

The power of seizure conferred by section 82(3) of the Terrorism Act 2000 (power of constable in Northern Ireland to seize items used or intended for use in the commission of certain offences).

71

Each of the powers of seizure conferred by the provisions of paragraphs 1, 3, 11, 15 and 19 of Schedule 5 to that Act (powers for use in terrorism investigations).

Finance Act 2000 (c. 17)

72

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

Freedom of Information Act 2000 (c. 36)

73

The power of seizure conferred by paragraph 1 of Schedule 3 to the Freedom of Information Act 2000.

Part 2 — Powers to which section 51 applies

Police and Criminal Evidence Act 1984 (c. 60)

74

Each of the powers of seizure conferred by the provisions of Part 3 of the 1984 Act (police powers of search and seizure on arrest).

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12))

75

Each of the powers of seizure conferred by the provisions of Part 4 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (police powers of seizure on arrest).

Firearms Act 1968 (c. 27)

76

The power of seizure conferred by section 46 of the Firearms Act 1968 (seizure of firearms etc.).

Misuse of Drugs Act 1971 (c. 38)

77

Each of the powers of seizure conferred by the provisions of section 23(2) and (3) of the Misuse of Drugs Act 1971 (power to search for and seize controlled drugs and related documents).

Immigration Act 1971 (c. 77)

78

The power of seizure conferred by section 28G(7) of the Immigration Act 1971 (seizure of evidence of offences under that Act etc.).

Biological Weapons Act 1974 (c. 6)

79

Each of the powers of seizure conferred by the provisions of section 4(1)(b), (c) and (d) of the Biological Weapons Act 1974 (seizures under a warrant).

Firearms (Northern Ireland) Order 1981 (S.I. 1981 155 (N.I. 2))

80

The power of seizure conferred by Article 52 of the Firearms (Northern Ireland) Order 2004 (seizure of firearms, etc.).

Criminal Justice and Public Order Act 1994 (c. 33)

81

The power of seizure conferred by section 139(10) of the Criminal Justice and Public Order Act 1994 (seizure of items found in searching persons arrested under certain cross-border powers).

Terrorism Act 2000 (c. 11)

82

The power of seizure conferred by section 43(4) of the Terrorism Act 2000 (seizure on the occasion of a search of a suspected terrorist).

83

Each of the powers of seizure conferred by the provisions of paragraphs 1, 3, 11, 15 and 19 of Schedule 5 to the Terrorism Act 2000 (powers for use in terrorism investigations).

Part 3 — Powers to which section 55 applies

Police and Criminal Evidence Act 1984 (c. 60)

84

The power of seizure conferred by section 8(2) of the 1984 Act (police power, on exercise of search warrant, to seize property searched for).

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12))

85

The power of seizure conferred by Article 10(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (police power, on exercise of search warrant, to seize property searched for).

Official Secrets Act 1911 (c. 28)

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

Children and Young Persons (Harmful Publications) Act 1955 (c. 28)

87

The power of seizure conferred by section 3(1) of the Children and Young Persons (Harmful Publications) Act 1955 (seizure of copies of work to which that Act applies etc.).

Obscene Publications Act 1959 (c. 66)

88

Each of the powers of seizure conferred by section 3(1) and (2) of the Obscene Publications Act 1959 (power to search for and seize obscene materials and documents relating to a connected business).

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

89

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

Licensing Act 1964 (c. 26)

90

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

Firearms Act 1968 (c. 27)

91

The power of seizure conferred by section 46 of the Firearms Act 1968 (seizure of firearms etc.).

Theft Act 1968 (c. 60)

92

The power of seizure conferred by section 26(3) of the Theft Act 1968, (power to search for and seize goods suspected of being stolen).

Gaming Act 1968 (c. 65)

93

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

Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))

94

The power of seizure conferred by section 25(3) of the Theft Act (Northern Ireland) 1969 (seizure of goods suspected of being stolen).

Immigration Act 1971 (c. 77)

95

The power of seizure conferred by section 28D(3) of the Immigration Act 1971 (seizure of evidence of offences under that Act).

Biological Weapons Act 1974 (c. 6)

96

Each of the powers of seizure conferred by the provisions of section 4(1)(b), (c) and (d) of the Biological Weapons Act 1974 (seizures under a warrant).

Lotteries and Amusements Act 1976 (c. 32)

97

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

Protection of Children Act 1978 (c. 37)

98

The power of seizure conferred by section 4(2) of the Protection of Children Act 1978 (seizure of indecent photographs or pseudo-photographs of children).

Protection of Children (Northern Ireland) Order 1978 (S.I. 1978 1047 (N.I. 17))

99

The power of seizure conferred by Article 4(1) of the Protection of Children (Northern Ireland) Order 1978 (seizure of indecent photographs or pseudo-photographs of children).

Indecent Displays (Control) Act 1981 (c. 42)

100

The power of seizure conferred by section 2(3) of the Indecent Displays (Control) Act 1981 (seizure of indecent matter believed to have been used in the commission of an offence under that Act).

Forgery and Counterfeiting Act 1981 (c. 45)

101

Each of the powers of seizure conferred by the provisions of sections 7(1) and 24(1) of the Forgery and Counterfeiting Act 1981 (seizure of forgeries and counterfeits and of things used for making them etc.).

Firearms (Northern Ireland) Order 1981 (S.I. 1981 155 (N.I. 2))

102

The power of seizure conferred by Article 52 of the Firearms (Northern Ireland) Order 2004 (seizure of firearms, etc.).

Video Recordings Act 1984 (c. 39)

103

The power of seizure conferred by section 17(2) of the Video Recordings Act 1984 (seizure of evidence of offences under that Act).

Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (S.I. 1985 1204 (N.I. 11))

104

The power of seizure conferred by Article 180(4) of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (seizure of evidence of offences under that Order).

Criminal Justice Act 1988 (c. 33)

105

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

106

The powers of seizure conferred by sections 109(4), 200(3A) and 297B(4) of the Copyright, Designs and Patents Act 1988 (seizure of evidence relating to offences concerning infringing copies, illicit recordings and unauthorised decoders).

Computer Misuse Act 1990 (c. 18)

107

The power of seizure conferred by section 14(4) of the Computer Misuse Act 1990 (seizure of evidence of offences under that Act).

Drug Trafficking Act 1994 (c. 37)

108

The power of seizure conferred by section 56(5) of the Drug Trafficking Act 1994 (seizure of material likely to be of substantial value to an investigation into drug trafficking).

Terrorism Act 2000 (c. 11)

109
  • (1) Each of the powers of seizure conferred by the provisions of paragraphs 1 and 3 of Schedule 5 to the Terrorism Act 2000 (powers for use in terrorism investigations).
  • (2) Each of the powers of seizure conferred by paragraphs 15 and 19 of Schedule 5 to that Act, so far only as the power in question is conferred by reference to paragraph 1 of that Schedule.

SCHEDULE 2

Part 1 — Application of enactments

Notice of tests

1

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

2

Section 31 of the Fair Trading Act 1973 (c. 41) (notice of test) shall apply in relation to items seized under section 50 of this Act in reliance on the power of seizure conferred by section 29(1) of that Act as it applies in relation to items seized in pursuance of Part 2 of that Act.

3

Section 30(6) and (7) of the Consumer Protection Act 1987 (c. 43) (provision about the testing of seized goods) shall apply in relation to items seized under section 50 of this Act in reliance on the power of seizure conferred by section 29(4) of that Act as it applies in relation to items seized under section 29(4) of that Act.

4

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

Access to seized items

5

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

Compensation for seizure and detention

6

Section 32 of the Fair Trading Act 1973 (c. 41) (compensation for seizure and detention) shall apply in relation to the seizure of items under section 50 of this Act in reliance on the power of seizure conferred by section 29(1) of that Act, and the retention of those items, as it applies in relation to the seizure and detention of goods under section 29 of that Act.

7

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

8

Section 34 of the Consumer Protection Act 1987 (compensation for seizure and detention) shall apply in relation to the seizure of items under section 50 of this Act in reliance on the power of seizure conferred by section 29(4) of that Act, and the retention of those items, as it applies in relation to the seizure and detention of goods under section 29(4) of that Act.

9

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

Forfeiture of seized items

10
  • (1) The provisions mentioned in sub-paragraph (2) (which are about the forfeiture etc. of items which have been seized) shall apply in relation to an item seized under section 50 as if the item had been seized under the power of seizure in reliance on which it was seized.
  • (2) Those provisions are—
  • (a) section 3(3) of the Obscene Publications Act 1959 (c. 66);
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (d) sections 7(2) and 24(2) of the Forgery and Counterfeiting Act 1981 (c. 45).

Disclosure of information

11

Any provision which—

  • (a) restricts the disclosure, or permits the disclosure only for limited purposes or in limited circumstances, of information obtained through the exercise of a power of seizure specified in Part 1 or 2 of Schedule 1, or
  • (b) confers power to make provision which does either or both of those things,

shall apply in relation to information obtained under section 50 or 51 in reliance on the power in question as it applies in relation to information obtained through the exercise of that power.

Interpretation

12

For the purposes of this Part of this Schedule, an item is seized, or information is obtained, under section 50 or 51 in reliance on a power of seizure if the item is seized, or the information obtained, in exercise of so much of any power conferred by that section as is exercisable by reference to that power of seizure.

Part 2 — Minor and consequential amendments

13
  • (1) In each of the provisions mentioned in sub-paragraph (2) (which confer powers to require the production of information contained in a computer in a visible and legible form)—
  • (a) for “contained in a computer” there shall be substituted “ stored in any electronic form ”; and
  • (b) after “in which it is visible and legible” there shall be inserted “ or from which it can readily be produced in a visible and legible form ”.
  • (2) Those provisions are—
  • (a) sections 19(4) and 20(1) of the 1984 Act;
  • (b) Articles 21(4) and 22(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12));
  • (c) section 43(5)(aa) of the Gaming Act 1968 (c. 65);
  • (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (e) section 118D(4) of the Customs and Excise Management Act 1979 (c. 2);
  • (f) paragraph 11(4) of Schedule 11 to the Value Added Tax Act 1994 (c. 23);
  • (g) paragraph 4A(4) of Schedule 7 to the Finance Act 1994 (c. 9);
  • (h) paragraph 7(4) of Schedule 5 to the Finance Act 1996 (c. 8);
  • (i) paragraph 131(4) of Schedule 6 to the Finance Act 2000 (c. 17).
14

In paragraph 5 of Schedule 1 to each of the 1984 Act and the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12)) (power to require the production of information contained in a computer in a visible and legible form)—

  • (a) for “contained in a computer” there shall be substituted “ stored in any electronic form ”; and
  • (b) in paragraph (a), after “in which it is visible and legible” there shall be inserted “ or from which it can readily be produced in a visible and legible form ”.
15

In section 46(3) of the Firearms Act 1968 (c. 27) (power to require the production of information kept by means of a computer in a visible and legible form)—

  • (a) for “kept by means of a computer” there shall be substituted “ stored in any electronic form ”; and
  • (b) after “in which it is visible and legible” there shall be inserted “ or from which it can readily be produced in a visible and legible form ”.
16
  • (1) In each of the provisions mentioned in sub-paragraph (2) (which confer power to require the production in legible form of information recorded otherwise than in legible form), after “information in legible form” there shall be inserted “ , or in a form from which it can readily be produced in visible and legible form ”.
  • (2) Those provisions are—
  • (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (f) the definition of “documents” in section 417(1) of the Financial Services and Markets Act 2000 (c. 8).
17

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

18

In section 32 of the Food Safety Act 1990 (c. 16) (powers of entry), in subsections (5) and (6)(b), for “kept by means of a computer” there shall be substituted “ stored in any electronic form ”.

19

In Article 33 of the Food Safety (Northern Ireland) Order 1991 (S.I. 1991 762 (N.I. 7)) (powers of entry), in paragraphs (6) and (7)(b), for “kept by means of a computer” there shall be substituted “ stored in any electronic form ”.

20

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

21

In sections 27(5)(e) and 28(2)(f) of the Competition Act 1998 (c. 41) (power to require the production of information held in a computer in a visible and legible form)—

  • (a) for “held in a computer” there shall be substituted “ stored in any electronic form ”; and
  • (b) after “in which it is visible and legible” there shall be inserted “ or from which it can readily be produced in a visible and legible form ”.
22

In section 8(2)(c) of the Nuclear Safeguards Act 2000 (c. 5) (power to require the production of information which is held in electronic form in a form in which it can be read and copied), after “copy it” there shall be inserted “ , or from which it can readily be produced in a form in which he can read and copy it ”.

23

In section 2 of the Criminal Justice Act 1987 (c. 38) (investigation powers of the Director of the Serious Fraud Office), after subsection (8C) there shall be inserted—

(8D) The references in subsections (8A) to (8C) above to evidence obtained by the Director include references to evidence obtained by him by virtue of the exercise by a constable, in the course of a search authorised by a warrant issued under subsection (4) above, of powers conferred by section 50 of the Criminal Justice and Police Act 2001.

24

In section 7 of the Criminal Justice (International Co-operation) Act 1990 (c. 5) (search etc. for material relevant to overseas investigation), after subsection (8) there shall be inserted—

(8A) Subject to subsection (8B) below, the reference in subsection (4) above to evidence seized by a constable by virtue of this section shall be taken to include a reference to evidence seized by a constable by virtue of the exercise, in the course of a search authorised by a warrant issued by virtue of this section, of powers conferred by section 50 of the Criminal Justice and Police Act 2001. (8B) Nothing in subsection (8A) above requires any evidence to be furnished to the Secretary of State— (a) before it has been found, on the completion of any examination required to be made by arrangements under subsection (2) of section 53 of the Criminal Justice and Police Act 2001, to be property which falls within subsection (3) of that section (property which may be retained after examination); or (b) at a time when it constitutes property in respect of which a person is required to ensure that arrangements such as are mentioned in section 61(1) of that Act (duty to secure) are in force.

25

In section 8 of the Criminal Justice (International Co-operation) Act 1990 (which makes similar provision for Scotland) after subsection (6) there shall be added—

(7) Subject to subsection (8) below, the reference in subsection (2) above to evidence seized by a constable by virtue of this section shall be taken to include a reference to evidence seized by a constable by virtue of the exercise, in the course of a search authorised by a warrant issued by virtue of this section, of powers conferred by section 50 of the Criminal Justice and Police Act 2001. (8) Nothing in subsection (7) above requires any evidence to be furnished to the Lord Advocate— (a) before it has been found, on the completion of any examination required to be made by arrangements under subsection (2) of section 53 of the Criminal Justice and Police Act 2001, to be property which falls within subsection (3) of that section (property which may be retained after examination); or (b) at a time when it constitutes property in respect of which a person is required to ensure that arrangements such as are mentioned in section 61(1) of that Act (duty to secure) are in force.

26

Section 426 of the Financial Services and Markets Act 2000 (c. 8) (consequential and supplementary provision) shall have effect as if the provisions referred to in subsection (2)(b) of that section included the provisions of this Part of this Act.

27

In paragraph 29(1)(a) of Schedule 5 to the Terrorism Act 2000 (c. 11) (conditions for grant of warrant), for “28” there shall be substituted “ 22 ”.

SCHEDULE 3

Constitution of the Authority

1
  • (1) The Central Police Training and Development Authority shall consist of the members appointed by the Secretary of State; and the Secretary of State shall appoint one of the members to be the chairman of the Authority.
  • (2) Before appointing the chairman the Secretary of State shall consult—
  • (a) persons whom he considers to represent the interests of police authorities for areas in England and Wales; and
  • (b) persons whom he considers to represent the interests of chief officers of police of police forces in England and Wales.
  • (3) The members, apart from the chairman, shall at all times include—
  • (a) at least two members whom the Secretary of State considers to be capable of representing the interests of police authorities for areas in England and Wales;
  • (b) at least two members whom the Secretary of State considers to be capable of representing the interests of chief officers of police of police forces in England and Wales; and
  • (c) at least one Crown Servant.
  • (4) The total number of the members of the Authority shall not at any time be less than eleven.

Disqualification

2

A person shall be disqualified for being appointed as a member of the Authority if he has not attained the age of twenty-one years.

3
  • (1) Subject to sub-paragraphs (2) and (3), a person shall be disqualified for being appointed as a member of the Authority, or for continuing to be such a member if—
  • (a) a bankruptcy order has been made against him or his estate has been sequestrated or he has made a composition or arrangement with, or granted a trust deed for, his creditors;
  • (b) he is subject to a disqualification order under the Company Directors Disqualification Act 1986 (c. 46) or Part 2 of the Companies (Northern Ireland) Order 1989 (S.I. 1989 2404 (N.I. 18)), or to an order made under section 429(2)(b) of the Insolvency Act 1986 (c. 45) (failure to pay under county court administration order); or
  • (c) within the period of five years before, or at any time on or after, the date of his appointment he has been convicted in any part of the British Islands of an offence in respect of which he was sentenced to imprisonment for a period of three months or more.
  • (2) Where a person is disqualified under sub-paragraph (1)(a) by reason that a bankruptcy order has been made against him or his estate has been sequestrated, the disqualification shall cease to have effect—
  • (a) in the case of the bankruptcy order being annulled or the sequestration of his estate being recalled or reduced, on the date of that event; and
  • (b) in any other case, on his obtaining a discharge.
  • (3) Where a person is disqualified under sub-paragraph (1)(a) by reason of his having made a composition or arrangement with, or granted a trust deed for, his creditors, the disqualification shall cease to have effect—
  • (a) in the case of his paying his debts in full, on the date on which the payment is completed; and
  • (b) in any other case, at the end of the period of five years beginning with the date on which the terms of the deed of composition or arrangement or trust deed are fulfilled.
  • (4) For the purposes of sub-paragraph (1)(c)—
  • (a) the date of a conviction shall be taken to be the ordinary date on which the period allowed for making an appeal or application expires or, if an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution;
  • (b) a sentence of imprisonment for any term the whole or any part of which is suspended shall be taken to be a sentence of imprisonment for the whole term.

Tenure of office

4

Subject to paragraphs 3(1) and 5 to 7 a person shall hold and vacate office as a member of the Authority in accordance with the terms of his appointment.

5

A person shall be appointed to hold office as a member of the Authority for—

  • (a) a term of five years; or
  • (b) such shorter term as the Secretary of State may determine in any particular case.
6

A person may at any time resign his office as chairman or as a member of the Authority by notice in writing to the Secretary of State.

7

The Secretary of State may remove a person from office as the chairman or as a member the Authority if he is satisfied that—

  • (a) that person has been absent from meetings of the Authority for a period exceeding four consecutive months without the consent of the Authority;
  • (b) that person has been convicted of a criminal offence (but is not disqualified for continuing to be a member under paragraph 3);
  • (c) that person is unable or unfit to carry out his functions as a member; or
  • (d) that person has failed to comply with the terms of his appointment.

Eligibility for re-appointment

8

A person who ceases to be a member, or to be the chairman, of the Authority otherwise than by virtue of paragraph 7 may (if otherwise eligible) be re-appointed.

Remuneration, pensions etc. of members

9
  • (1) The Authority shall pay to its members such remuneration and allowances as the Secretary of State may determine.
  • (2) The Authority shall, as regards any of its members or former members in whose case the Secretary of State may so determine, pay or make payments in respect of such pension or gratuity as the Secretary of State may determine.
  • (3) If—
  • (a) a person ceases to be a member or ceases to be the chairman of the Authority, and
  • (b) it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation,

the Secretary of State may direct the Authority to make a payment of such amount as he may determine.

Members of staff of the Authority

10
  • (1) The Authority shall have—
  • (a) a chief executive, with responsibility to the Authority for the carrying out of the Authority’s functions and the management of their staff; and
  • (b) subject to the approval of the Secretary of State as to numbers and terms and conditions of service, such other staff as the Authority may appoint.
  • (2) The chief executive shall be appointed by the Authority, but no appointment of a chief executive may be made except with the consent of the Secretary of State.
  • (3) References in this Schedule to the staff of the Authority include references to their chief executive.

Staff remuneration and pensions

11
  • (1) The Authority—
  • (a) shall pay to members of their staff such remuneration and allowances, and
  • (b) may make such payments in respect of remuneration and allowances paid by others to persons engaged with the Authority as members of their staff on periods of temporary service,

as the Authority may, with the consent of the Secretary of State, determine.

  • (2) The Authority shall—
  • (a) pay, or make payments in respect of, such pensions or gratuities to or in respect of any persons who are, or have been, members of their staff as the Authority may, with the consent of the Secretary of State, determine; and
  • (b) establish and maintain such schemes (whether contributory or not) as they may determine, with the consent of the Secretary of State, for the payment of pensions or gratuities to or in respect of any such persons.
  • (3) References in this paragraph to pensions and gratuities include references to pensions or gratuities by way of compensation to or in respect of members of the staff of the Authority who suffer loss of employment or loss or diminution of emoluments.
  • (4) If any person—
  • (a) after ceasing to be employed by the Authority becomes or continues to be one of the Authority’s members, and
  • (b) was, by reference to his employment, a participant in a pension scheme maintained by the Authority,

the Authority may, with the consent of the Secretary of State, make provision for that person to continue to participate in that scheme, on such terms and conditions as they may with the consent of the Secretary of State determine, as if his service as a member of the Authority were service as a member of their staff.

  • (5) Any provision made by virtue of sub-paragraph (4) is without prejudice to paragraph 9.
12
  • (1) Employment as a member of staff of the Authority shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply.
  • (2) Where a person is, by reference to employment as a member of the Authority’s staff, a participant in a scheme under section 1 of that Act and becomes a member of the Authority, the Minister for the Civil Service may determine that his service as a member of the Authority shall be treated for the purposes of the scheme as service as a member of staff (whether or not any benefits are payable to or in respect of him by virtue of paragraph 9).

Status of staff members as constables

13
  • (1) A person holding the office of constable immediately before his appointment as the chief executive of the Authority—
  • (a) continues to hold that office while he is the chief executive; and
  • (b) as the chief executive, shall hold that office with the rank of chief constable.
  • (2) A person holding the office of constable immediately before his appointment as a member of staff of the Authority (other than the chief executive) continues to hold that office while he is a member of that staff.

Liability for acts of police members of staff

14
  • (1) The Authority shall be liable in respect of any unlawful conduct of seconded constables in the carrying out, or purported carrying out, of their functions as members of the staff of the Authority in like manner as an employer is liable in respect of any unlawful conduct of his employees in the course of their employment; and accordingly the Authority shall , in the case of a tort, be treated for all purposes as a joint tortfeasor.
  • (2) In this paragraph “seconded constables” means constables serving as members of the staff of the Authority without being employees of the Authority.

Committees

15
  • (1) The Authority may establish committees.
  • (2) Any committee established under sub-paragraph (1) may establish one or more sub-committees.
  • (3) A person who is not a member of the Authority may be appointed to a committee or sub-committee of the Authority.
  • (4) The Authority may pay to members of their committees or sub-committees who are neither members nor members of staff of the Authority such remuneration and allowances as the Secretary of State may determine.

Delegation to committees

16
  • (1) The Authority may, to such extent as they may determine, delegate any of their functions to any committee of the Authority.
  • (2) Any such committee may, to such extent as it may determine, delegate any function conferred on it to any of its sub-committees.

Proceedings

17
  • (1) Subject to the following provisions of this paragraph, the Authority may regulate—
  • (a) their own procedure (including quorum); and
  • (b) the procedure (including quorum) of their committees and sub-committees.
  • (2) The Authority shall make provision for a quorum for meetings of their committees or sub-committees to include at least one member or member of staff of the Authority.
18

The acts and proceedings of any person appointed to be a member, or to be chairman, of the Authority and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.

19

The proceedings of the Authority shall not be invalidated by a vacancy in the membership of the Authority or in the office of chairman or by any defect in the appointment of a person as a member or as chairman.

Application of seal and evidence

20

The application of the seal of the Authority shall be authenticated by the signature—

  • (a) of any member of the Authority; or
  • (b) of any other person who has been authorised by the Authority (whether generally or specially) for that purpose.
21

A document purporting to be—

  • (a) duly executed by the Authority under their seal, or
  • (b) signed on their behalf,

shall be received in evidence and shall, unless the contrary is proved, be taken to be so executed or signed.

Status

22

The Authority shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the property of the Authority shall not be regarded as property of, or property held on behalf of, the Crown.

Money

23

The Secretary of State may make payments to the Authority out of money provided by Parliament.

24
  • (1) The Authority may impose such charges as they consider appropriate in connection with the carrying out of any of their functions.
  • (2) The Authority shall pay to the Secretary of State all sums received by them (otherwise than under paragraph 23) in the course of, or in connection with, the carrying out of their functions.
  • (3) Sub-paragraph (2) shall not apply where the Secretary of State so directs.
  • (4) Any sums received by the Secretary of State under sub-paragraph (2) shall be paid into the Consolidated Fund.
25
  • (1) Subject to sub-paragraph (3), the Authority may, in the course of or in connection with the carrying out of any of their functions, accept gifts or loans of money or other property, on such terms (if any) as appear to the Authority to be appropriate.
  • (2) The terms on which gifts or loans are accepted under sub-paragraph (1) may include terms providing for the commercial sponsorship of any activity of the Authority.
  • (3) The Authority shall not borrow money except with the consent of the Secretary of State.
26
  • (1) The Authority shall—
  • (a) keep proper accounts and proper records in relation to the accounts; and
  • (b) prepare a statement of accounts in respect of each financial year.
  • (2) The statement of accounts shall be in such form, and shall contain such information, as the Secretary of State may direct.
  • (3) The Authority shall, within such period after the end of each financial year as the Secretary of State may direct, send copies of the statement of accounts relating to that year to the Secretary of State and to the Comptroller and Auditor General.
  • (4) The Comptroller and Auditor General shall—
  • (a) examine, certify and report on every statement of accounts sent to him by the Authority under this paragraph; and
  • (b) lay copies of each such statement and of his report on it before each House of Parliament.

SCHEDULE 4

The Public Records Act 1958 (c. 51)

1

In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3 there shall be inserted, at the appropriate place—

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