Criminal Justice and Police Act 2001

(7A) Subject to subsection (7B) below, the Secretary of State may by order provide that a code of practice for the time being in force is to be treated as having effect with such modifications as may be set out in the order. (7B) The effect of the modifications made by an order under subsection (7A) above must be confined to one or more of the following— (a) the effect of the code in relation to such area of England and Wales as may be specified in the order; (b) the effect of the code during such period, not exceeding two years, as may be so specified; (c) the effect of the order in relation to such offences or descriptions of offender as may be so specified. (7C) An order under subsection (7A) above shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Fingerprints and samples

Taking fingerprints

78

• (1) In section 27 of the 1984 Act (requirement to attend police station for fingerprinting), after subsection (1) there shall be inserted—

(1A) Where a person convicted of a recordable offence has already had his fingerprints taken as mentioned in paragraph (c) of subsection (1) above, that fact (together with any time when he has been in police detention for the offence) shall be disregarded for the purposes of that subsection if— (a) the fingerprints taken on the previous occasion do not constitute a complete set of his fingerprints; or (b) some or all of the fingerprints taken on the previous occasion are not of sufficient quality to allow satisfactory analysis, comparison or matching. (1B) Subsections (1) and (1A) above apply— (a) where a person has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted, or (b) where a person has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 (c. 37) for a recordable offence, as they apply where a person has been convicted of an offence, and references in this section to a conviction shall be construed accordingly.

• (2) In section 61(3)(a) of the 1984 Act (compulsory fingerprinting under the authorisation of a police officer of at least the rank of superintendent), for “superintendent” there shall be substituted “ inspector ”.

• (3) After section 61(3) of the 1984 Act there shall be inserted—

(3A) Where a person charged with a recordable offence or informed that he will be reported for such an offence has already had his fingerprints taken as mentioned in paragraph (b)(ii) of subsection (3) above, that fact shall be disregarded for the purposes of that subsection if— (a) the fingerprints taken on the previous occasion do not constitute a complete set of his fingerprints; or (b) some or all of the fingerprints taken on the previous occasion are not of sufficient quality to allow satisfactory analysis, comparison or matching (whether in the case in question or generally).

• (4) After section 61(4) of the 1984 Act there shall be inserted—

(4A) The fingerprints of a person who has answered to bail at a court or police station may be taken without the appropriate consent at the court or station if— (a) the court, or (b) an officer of at least the rank of inspector, authorises them to be taken. (4B) A court or officer may only give an authorisation under subsection (4A) if— (a) the person who has answered to bail has answered to it for a person whose fingerprints were taken on a previous occasion and there are reasonable grounds for believing that he is not the same person; or (b) the person who has answered to bail claims to be a different person from a person whose fingerprints were taken on a previous occasion.

• (5) In section 61(5) of the 1984 Act (authorisation to be in writing or oral but to be confirmed in writing), after “(3)(a)” there shall be inserted “ or (4A) ”.

• (6) In section 61(6) of the 1984 Act (compulsory fingerprinting of persons convicted of recordable offences), for “he has been convicted of a recordable offence” there shall be substituted—

(a) he has been convicted of a recordable offence; (b) he has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted; or (c) he has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 (c. 37) for a recordable offence.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) In section 65(1) of the 1984 Act (supplementary provisions of Part 5), for the definition of “fingerprints” there shall be substituted—

“fingerprints”, in relation to any person, means a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of— (a) any of that person’s fingers; or (b) either of his palms;

.

• (9) Section 39 of the Criminal Justice Act 1948 (c. 58) (proof of previous convictions by fingerprints) shall cease to have effect.

Authority for intimate searches

79

In subsections (1) and (5) of section 55 of the 1984 Act (authorisation by a constable of at least the rank of superintendent of an intimate search or the use for such a search of a person without the specified qualification), for “superintendent”, in each place where it occurs, there shall be substituted “ inspector ”.

Samples

80

• (1) In sections 62(1)(a) and (1A)(a) and 63(3)(b) of the 1984 Act (authorisation of a police officer of or above the rank of superintendent required for the taking of an intimate or non-intimate sample), for the word “superintendent”, in each place where it occurs, there shall be substituted “ inspector ”.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) After section 63(5) of the 1984 Act there shall be inserted—

(5A) An officer shall not give an authorisation under subsection (3) above for the taking from any person of a non-intimate sample consisting of a skin impression if— (a) a skin impression of the same part of the body has already been taken from that person in the course of the investigation of the offence; and (b) the impression previously taken is not one that has proved insufficient.

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

• (5) Section 65 of the 1984 Act (supplementary provisions of Part 5) shall become subsection (1) of that section and—

• (a) after “this Act—” there shall be inserted—

“analysis”, in relation to a skin impression, includes comparison and matching;

• (b) in the definition of “non-intimate sample”, for paragraph (e) (footprints etc.) there shall be substituted—

(e) a skin impression;

• (c) after the definition of “registered dentist” there shall be inserted—

“skin impression”, in relation to any person, means any record (other than a fingerprint) which is a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of the whole or any part of his foot or of any other part of his body;

and

• (d) in the definition of “sufficient” and “insufficient”, after “means” there shall be inserted “ (subject to subsection (2) below) ”.

• (6) After subsection (1) of section 65 of the 1984 Act there shall be inserted—

(2) References in this Part of this Act to a sample’s proving insufficient include references to where, as a consequence of— (a) the loss, destruction or contamination of the whole or any part of the sample, (b) any damage to the whole or a part of the sample, or (c) the use of the whole or a part of the sample for an analysis which produced no results or which produced results some or all of which must be regarded, in the circumstances, as unreliable, the sample has become unavailable or insufficient for the purpose of enabling information, or information of a particular description, to be obtained by means of analysis of the sample.

Speculative searches

81

• (1) In subsection (1)(a) of section 63A of the 1984 Act (speculative searches against records held by or on behalf of specified police forces), for “a police force (or police forces) falling within subsection (1A) below or” there shall be substituted “ any one or more relevant law-enforcement authorities or which ”.

• (2) For subsection (1A) of that section (specified police forces) there shall be substituted—

(1A) In subsection (1) above “relevant law-enforcement authority” means— (a) a police force; (b) the National Criminal Intelligence Service; (c) the National Crime Squad; (d) a public authority (not falling within paragraphs (a) to (c)) with functions in any part of the British Islands which consist of or include the investigation of crimes or the charging of offenders; (e) any person with functions in any country or territory outside the United Kingdom which— (i) correspond to those of a police force; or (ii) otherwise consist of or include the investigation of conduct contrary to the law of that country or territory, or the apprehension of persons guilty of such conduct; (f) any person with functions under any international agreement which consist of or include the investigation of conduct which is— (i) unlawful under the law of one or more places, (ii) prohibited by such an agreement, or (iii) contrary to international law, or the apprehension of persons guilty of such conduct. (1B) The reference in subsection (1A) above to a police force is a reference to any of the following— (a) any police force maintained under section 2 of the Police Act 1996 (c. 16) (police forces in England and Wales outside London); (b) the metropolitan police force; (c) the City of London police force; (d) any police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 (c. 77); (e) the Police Service of Northern Ireland; (f) the Police Service of Northern Ireland Reserve; (g) the Ministry of Defence Police; (h) the Royal Navy Regulating Branch; (i) the Royal Military Police; (j) the Royal Air Force Police; (k) the Royal Marines Police; (l) the British Transport Police; (m) the States of Jersey Police Force; (n) the salaried police force of the Island of Guernsey; (o) the Isle of Man Constabulary. (1C) Where— (a) fingerprints or samples have been taken from any person in connection with the investigation of an offence but otherwise than in circumstances to which subsection (1) above applies, and (b) that person has given his consent in writing to the use in a speculative search of the fingerprints or of the samples and of information derived from them, the fingerprints or, as the case may be, those samples and that information may be checked against any of the fingerprints, samples or information mentioned in paragraph (a) or (b) of that subsection. (1D) A consent given for the purposes of subsection (1C) above shall not be capable of being withdrawn.

Restriction on use and destruction of fingerprints and samples

82

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

Provision for Northern Ireland corresponding to s. 82

83

• (1) Article 64 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12)) (destruction of fingerprints and samples) shall be amended as follows.

• (2) For paragraphs (1) and (2) (obligation to destroy fingerprints and samples of persons who are not prosecuted or who are cleared) there shall be substituted—

(1A) Where— (a) fingerprints or samples are taken from a person in connection with the investigation of an offence; and (b) paragraph (3) does not require them to be destroyed, the fingerprints or samples may be retained after they have fulfilled the purposes for which they were taken but shall not be used by any person except for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution. (1B) In paragraph (1A)— (a) the reference to using a fingerprint includes a reference to allowing any check to be made against it under Article 63A(1) and to disclosing it to any person; (b) the reference to using a sample includes a reference to allowing any check to be made under Article 63A(1) against it or against information derived from it and to disclosing it or any such information to any person; (c) the reference to crime includes a reference to any conduct which— (i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or (ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences; and (d) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.

• (3) In paragraph (3), for “paragraph (3A)” there shall be substituted “ the following provisions of this Article ”.

• (4) For paragraphs (3A) and (3B) (power to retain samples for elimination purposes and restriction on use) there shall be substituted—

(3AA) Samples and fingerprints are not required to be destroyed under paragraph (3) if— (a) they were taken for the purposes of the investigation of an offence of which a person has been convicted; and (b) a sample or, as the case may be, fingerprint was also taken from the convicted person for the purposes of that investigation. (3AB) Subject to paragraph (3AC), where a person is entitled under paragraph (3) to the destruction of any fingerprint or sample taken from him (or would be but for paragraph (3AA)), neither the fingerprint nor the sample, nor any information derived from the sample, shall be used— (a) in evidence against the person who is or would be entitled to the destruction of that fingerprint or sample; or (b) for the purposes of the investigation of any offence; and paragraph (1B) applies for the purposes of this paragraph as it applies for the purposes of paragraph (1A). (3AC) Where a person from whom a fingerprint or sample has been taken consents in writing to its retention— (a) that sample need not be destroyed under paragraph (3); and (b) paragraph (3AB) shall not restrict the use that may be made of the fingerprint or sample or, in the case of a sample, of any information derived from it; and a consent given for the purposes of this paragraph shall not be capable of being withdrawn. (3AD) For the purposes of paragraph (3AC) it shall be immaterial whether the consent is given at, before or after the time when the entitlement to the destruction of the fingerprint or sample arises.

• (5) In paragraph (8)(a) (saving for power conferred by Immigration Act 1971 (c. 77)), after “1971” there shall be inserted “ or section 20 of the Immigration and Asylum Act 1999 (c. 33) (disclosure of police information to the Secretary of State for use for immigration purposes); ”.

• (6) The fingerprints, samples and information the retention and use of which, in accordance with the amended provisions of Article 64 of the Order of 1989, is authorised by this section include—

• (a) fingerprints and samples the destruction of which should have taken place before the commencement of this section, but did not; and

• (b) information deriving from any such samples or from samples the destruction of which did take place, in accordance with that Article, before the commencement of this section.

Amendment of Terrorism Act 2000 equivalent to s. 82

84

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

Persons authorised by the Secretary of State

Power to apply 1984 Act provisions

85

After section 114 of the 1984 Act (application of Act to Customs and Excise) there shall be inserted—

(114A) (1) The Secretary of State may by order direct that— (a) the provisions of Schedule 1 to this Act so far as they relate to special procedure material, and (b) the other provisions of this Act so far as they relate to the provisions falling within paragraph (a) above, shall apply, with such modifications as may be specified in the order, for the purposes of investigations falling within subsection (2) as they apply for the purposes of investigations of offences conducted by police officers. (2) An investigation falls within this subsection if— (a) it is conducted by an officer of the department of the Secretary of State for Trade and Industry or by another person acting on that Secretary of State’s behalf; (b) it is conducted by that officer or other person in the discharge of a duty to investigate offences; and (c) the investigation relates to a serious arrestable offence or to anything which there are reasonable grounds for suspecting has involved the commission of a serious arrestable offence. (3) The investigations for the purposes of which provisions of this Act may be applied with modifications by an order under this section include investigations of offences committed, or suspected of having been committed, before the coming into force of the order or of this section. (4) An order under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Execution of process in other domestic jurisdictions

Process for obtaining excluded and special procedure material

86

• (1) In section 9 of the 1984 Act (which contains provision introducing the provisions of Schedule 1 to that Act for obtaining access to excluded and special procedure material), after subsection (2) there shall be inserted—

(2A) Section 4 of the Summary Jurisdiction (Process) Act 1881 (c. 24) (which includes provision for the execution of process of English courts in Scotland) and section 29 of the Petty Sessions (Ireland) Act 1851 (c. 93) (which makes equivalent provision for execution in Northern Ireland) shall each apply to any process issued by a circuit judge under Schedule 1 to this Act as it applies to process issued by a magistrates’ court under the Magistrates’ Courts Act 1980 (c. 43).

• (2) In section 120(5) of that Act (provisions extending to the United Kingdom), after the entry for section 6(3) of that Act there shall be inserted—

section 9(2A);

.

• (3) Section 27 of the Petty Sessions (Ireland) Act 1851 (which includes provision for the execution of process of Northern Ireland courts in other places) shall apply to any process issued by a county court judge under Schedule 1 to the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12)) as it applies to a warrant mentioned in that section.

Part 4 — Police Training

The Central Police Training and Development Authority

Establishment of the Authority

87

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

Functions of the Authority

88

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

Setting of objectives by the Secretary of State

89

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

The Authority’s annual objectives

90

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

Setting of performance targets

91

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

Training and development plans

92

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

Inspections of the Authority

93

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

Power to require reports from the Authority

94

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

Annual reports

95

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

Secretary of State’s duty to promote efficiency etc. of Authority

96

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

Other provisions about training

Regulations for police forces

97

• (1) The Secretary of State may make regulations as to—

• (a) police training . . . ; and

• (b) the qualifications for deployment to perform particular tasks of persons serving or employed for policing purposes in England and Wales.

• (1A) If the College of Policing submits to the Secretary of State a draft of regulations under this section, the Secretary of State shall make regulations in terms of the draft unless the Secretary of State considers that—

• (a) doing so would impair the efficiency or effectiveness of the police, or

• (b) it would be unlawful to do so, or

• (c) it would for some other reason be wrong to do so.

• (1B) The Secretary of State may not make regulations under this section unless the text of the regulations has been prepared or approved by the College of Policing.

• (2) Without prejudice to the generality of subsection (1), regulations made by virtue of paragraph (a) of that subsection may make provision with respect to the curriculum for courses of training for persons serving or employed for policing purposes in England and Wales, including the evaluation, approval and manner of devising the curriculum, or any part of it.

• (3) In relation to any matter as to which provision may be made by regulations under this section, the regulations may—

• (a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, local policing bodies, chief officers of police or other persons; or

• (b) authorise or require the delegation by any person of functions conferred on that person by or under the regulations.

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

• (5) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) In this section—

• (a) references to the provision of police training are references to the provision of training and opportunities for professional development for persons serving or employed for policing purposes in England and Wales;

• (b) references to the provision of training include references to the provision of assessment and examination services;

• (c) references to a person serving or employed for policing purposes in England and Wales are references to a person who is—

• (i) a member of a police force in England and Wales,

• (ii) a special constable appointed under section 27 of the 1996 Act, ...

• (iii) a person employed for the purposes of a police force in England and Wales or

• (iv) a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002.

Directions after inspection identifies training needs

98

• (1) Where a report made to the Secretary of State on an inspection under section 54 of the 1996 Act (functions of inspectors of constabulary) contains recommendations in the case of any police force for the taking of measures relating to—

• (a) the provision of training, or

• (b) the provision of opportunities for professional development,

the Secretary of State may direct the local policing body responsible for maintaining that force to take such measures relating to those matters as may be specified in the direction.

• (2) A local policing body shall comply with any direction given to it under this section.

Joint provision of training

99

For section 23(6) of the 1996 Act (collaboration agreements) there shall be substituted—

(6) In subsection (1)— (a) the reference to members of a police force includes a reference to special constables appointed for the area for which that force is maintained, and (b) the reference to police functions includes a reference to functions with respect to training and the provision of opportunities for professional development.

Supplemental provisions in relation to police training

Orders and regulations under Part 4

100

• (1) Any power of the Secretary of State to make orders or regulations under this Part shall be exercisable by statutory instrument.

• (2) Any order or regulations made by the Secretary of State under this Part may make different provision for different cases.

Interpretation of Part 4

101

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) For the purposes of this Part the Commissioner of Police for the City of London shall be deemed to be a member of the City of London police force.

Consequential amendments relating to police training

102

The enactments specified in Schedule 4 (amendments consequential on the provisions of this Part) shall have effect with the amendments set out in that Schedule.

Transitional arrangements relating to Authority’s establishment etc.

103

• (1) The Secretary of State may, in connection with the coming into force of any provision of this Part, by order make such transitional provision and savings (including provision modifying this Part) as he thinks fit.

• (2) The Secretary of State may, for the purpose of facilitating the carrying out by the Authority of their functions or in connection with the coming into force of any provision of this Part, by order make such provision as he thinks fit—

• (a) for the transfer and apportionment of property and for the transfer, apportionment and creation of rights and liabilities;

• (b) for the transfer of members of police forces in England and Wales and other persons.

• (3) An order under this section may—

• (a) provide for the Secretary of State, or any other person nominated by or in accordance with the order, to determine any matter requiring determination under or in consequence of the order; and

• (b) make provision as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (a).

• (4) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part 5 — Police Organisation

Police authorities etc.

Vice-chairmen

104

• (1) In Schedule 2 to the 1996 Act (police authorities outside London), after paragraph 9 there shall be inserted—

(9A) (1) At an annual meeting a police authority may appoint one or more vice-chairmen from among its members. (2) The making of appointments under sub-paragraph (1) shall be the first business transacted at the meeting after the appointment of the chairman. (3) Where a vice-chairman ceases to hold office at any time between annual meetings, a police authority may make an appointment to fill the vacancy at any meeting of the authority held more than fourteen days after the occurrence of the vacancy. (4) Subject to any standing orders made by a police authority, anything authorised or required to be done by, to or before their chairman may be done by, to or before any vice-chairman of the authority.

• (2) In Schedule 2A to that Act (the Metropolitan Police Authority), after paragraph 6 there shall be inserted—

(6A) (1) At an annual meeting the Metropolitan Police Authority may appoint one or more vice-chairmen from among its members. (2) The making of appointments under sub-paragraph (1) shall be the first business transacted at the meeting after the appointment of the chairman. (3) Where a vice-chairman ceases to hold office at any time between annual meetings, the Metropolitan Police Authority may make an appointment to fill the vacancy at any meeting of the Authority held more than fourteen days after the occurrence of the vacancy. (4) Subject to any standing orders made by the Metropolitan Police Authority, anything authorised or required to be done by, to or before their chairman may be done by, to or before any vice-chairman of the authority.

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

• (4) In the following provisions (tenure of office, eligibility for reappointment and validity of acts of chairman and members of police authorities etc.)—

• (a) paragraphs 17(1) and 21 to 23 of Schedule 2 to the 1996 Act, and

• (b) paragraphs 12(1) and 16 to 18 of Schedule 2A to that Act, . . .

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

after “chairman”, wherever it occurs, there shall be inserted “ or vice-chairman ”.

• (5) In paragraph 24 of Schedule 2 to the 1996 Act, paragraph 19 of Schedule 2A to that Act and paragraph 16 of Schedule 2 to the 1997 Act (validity of acts)—

• (a) after “of chairman”, in each case, there shall be inserted, “ by a vacancy for a vice-chairman ”; and

• (b) after “as chairman”, in each case, there shall be inserted “ or vice-chairman ”.

• (6) In paragraph 25 of Schedule 2 to the 1996 Act (allowances for members of police authorities)—

• (a) in sub-paragraph (1), after “chairman” there shall be inserted “ , vice-chairmen ”; and

• (b) in sub-paragraph (2), after “chairman,” there shall be inserted “ a vice-chairman, ”.

• (7) In paragraph 20 of Schedule 2A to the 1996 Act (allowances for members of the Metropolitan Police Authority etc.)—

• (a) in sub-paragraph (1), after “chairman” there shall be inserted “ , vice-chairmen ”; and

• (b) in sub-paragraph (3), after “chairman,” there shall be inserted “ a vice-chairman, ”.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) In paragraph 6B(b) of Schedule 12 to the Local Government Act 1972 (c. 70) (persons to preside in the case of a police authority in the absence of the chairman), for the words from “another member” to “preside” there shall be substituted

the following person shall preside— (i) in a case in which only one vice-chairman is present at the meeting, that vice-chairman; (ii) in a case in which more than one vice-chairman is present at the meeting, the vice-chairman chosen by the members present; and (iii) in any other case, the member chosen by the members present;

.

Political balance on police authorities

105

• (1) In paragraph 4(1) of Schedule 2 to the 1996 Act (balance of parties on council to be reflected in appointments to police authority), for the words from “the members for” onwards there shall be substituted

in the case of the members for whose appointment it is responsible, the proportion who are members of any given party— (a) where it is a council that is responsible for their appointment, is the same as the proportion of the members of the council who are members of that party; and (b) where it is a joint committee that is so responsible, is the same as the proportion of the members of the relevant councils taken as a whole who are members of that party.

• (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

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

Transitional provision relating to section 108 etc

109

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

Financial provisions for NCIS Service Authority

Preparation of budget statement by NCIS Service Authority

110

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

Funding of NCIS Service Authority

111

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

Duty of NCIS Service Authority to prepare accounts

112

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

Financial provisions for NCS Service Authority

Preparation of budget statement by NCS Service Authority

113

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

Funding of NCS Service Authority

114

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

Duty of NCS Service Authority to prepare accounts

115

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

Director General and other members of NCIS

Appointment of NCIS Director General

116

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

Removal of NCIS members (other than the Director General)

117

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

Removal of NCIS Director General, etc.

118

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

Director General and other members of NCS

Appointment of NCS Director General

119

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

Removal of NCS members (other than the Director General)

120

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

Removal of NCS Director General etc.

121

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

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

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

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

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

Arrangements for detention in secure training centres

133

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

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;

.

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)

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

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

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

Licensing Act 1964 (c. 26)

7

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

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

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

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

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

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

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

Copyright, Designs and Patents Act 1988 (c. 48)

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)