Serious Organised Crime and Police Act 2005

(42A) (1) A person commits an offence if— (a) that person is present outside or in the vicinity of any premises that are used by any individual (“the resident”) as his dwelling; (b) that person is present there for the purpose (by his presence or otherwise) of representing to the resident or another individual (whether or not one who uses the premises as his dwelling), or of persuading the resident or such another individual— (i) that he should not do something that he is entitled or required to do; or (ii) that he should do something that he is not under any obligation to do; (c) that person— (i) intends his presence to amount to the harassment of, or to cause alarm or distress to, the resident; or (ii) knows or ought to know that his presence is likely to result in the harassment of, or to cause alarm or distress to, the resident; and (d) the presence of that person— (i) amounts to the harassment of, or causes alarm or distress to, any person falling within subsection (2); or (ii) is likely to result in the harassment of, or to cause alarm or distress to, any such person. (2) A person falls within this subsection if he is— (a) the resident, (b) a person in the resident's dwelling, or (c) a person in another dwelling in the vicinity of the resident's dwelling. (3) The references in subsection (1)(c) and (d) to a person's presence are references to his presence either alone or together with that of any other persons who are also present. (4) For the purposes of this section a person (A) ought to know that his presence is likely to result in the harassment of, or to cause alarm or distress to, a resident if a reasonable person in possession of the same information would think that A's presence was likely to have that effect. (5) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 4 on the standard scale, or to both. (6) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the reference in subsection (5) to 51 weeks is to be read as a reference to 6 months. (7) In this section “dwelling” has the same meaning as in Part 1 of the Public Order Act 1986.

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

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

Harassment etc: police direction to stay away from person’s home

127

• (1) Section 42 of the Criminal Justice and Police Act 2001 (c. 16) (police directions stopping harassment of a person in his home) is amended as follows.

• (2) For subsection (4) substitute—

(4) The requirements that may be imposed by a direction under this section include— (a) a requirement to leave the vicinity of the premises in question, and (b) a requirement to leave that vicinity and not to return to it within such period as the constable may specify, not being longer than 3 months; and (in either case) the requirement to leave the vicinity may be to do so immediately or after a specified period of time.

• (3) In subsection (7), for “contravenes a direction given to him under this section” substitute “ fails to comply with a requirement in a direction given to him under this section (other than a requirement under subsection (4)(b)) ”.

• (4) After subsection (7) insert—

(7A) Any person to whom a constable has given a direction including a requirement under subsection (4)(b) commits an offence if he— (a) returns to the vicinity of the premises in question within the period specified in the direction beginning with the date on which the direction is given; and (b) does so for the purpose described in subsection (1)(b). (7B) A person guilty of an offence under subsection (7A) shall be liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 4 on the standard scale, or to both. (7C) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the reference in subsection (7B) to 51 weeks is to be read as a reference to 6 months.

Trespass on designated site

Offence of trespassing on designated site

128

• (1) A person commits an offence if he enters, or is on, any protected site in England and Wales or Northern Ireland as a trespasser.

• (1A) In this section “protected site” means—

• (a) a nuclear site; or

• (b) a designated site.

• (1B) In this section “nuclear site” means—

• (a) so much of any premises in respect of which a nuclear site licence (within the meaning of the Nuclear Installations Act 1965) is for the time being in force as lies within the outer perimeter of the protection provided for those premises; and

• (b) so much of any other premises of which premises falling within paragraph (a) form a part as lies within that outer perimeter.

• (1C) For this purpose—

• (a) the outer perimeter of the protection provided for any premises is the line of the outermost fences, walls or other obstacles provided or relied on for protecting those premises from intruders; and

• (b) that line shall be determined on the assumption that every gate, door or other barrier across a way through a fence, wall or other obstacle is closed.

• (2) A “designated site” means a site—

• (a) specified or described (in any way) in an order made by the Secretary of State, and

• (b) designated for the purposes of this section by the order.

• (3) The Secretary of State may only designate a site for the purposes of this section if—

• (a) it is comprised in Crown land; or

• (b) it is comprised in land belonging to Her Majesty in Her private capacity or to the immediate heir to the Throne in his private capacity; or

• (c) it appears to the Secretary of State that it is appropriate to designate the site in the interests of national security.

• (4) It is a defence for a person charged with an offence under this section to prove that he did not know, and had no reasonable cause to suspect, that the site in relation to which the offence is alleged to have been committed was a protected site.

• (5) A person guilty of an offence under this section is liable on summary conviction—

• (a) to imprisonment for a term not exceeding 51 weeks, or

• (b) to a fine not exceeding level 5 on the standard scale,

or to both.

• (6) No proceedings for an offence under this section may be instituted against any person—

• (a) in England and Wales, except by or with the consent of the Attorney General, or

• (b) in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland.

• (7) For the purposes of this section a person who is on any protected site as a trespasser does not cease to be a trespasser by virtue of being allowed time to leave the site.

• (8) In this section—

• (a) “site” means the whole or part of any building or buildings, or any land, or both;

• (b) “Crown land” means land in which there is a Crown interest or a Duchy interest.

• (9) For this purpose—

• “Crown interest” means an interest belonging to Her Majesty in right of the Crown, and

• “Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall.

• (10) In the application of this section to Northern Ireland, the reference to 51 weeks in subsection (5)(a) is to be read as a reference to 6 months.

Corresponding Scottish offence

129

• (1) A person commits an offence if he enters, or is on, any protected Scottish site without lawful authority.

• (1A) In this section ‘protected Scottish site’ means—

• (a) a nuclear site in Scotland; or

• (b) a designated Scottish site.

• (1B) In this section ‘nuclear site’ means—

• (a) so much of any premises in respect of which a nuclear site licence (within the meaning of the Nuclear Installations Act 1965) is for the time being in force as lies within the outer perimeter of the protection provided for those premises; and

• (b) so much of any other premises of which premises falling within paragraph (a) form a part as lies within that outer perimeter.

• (1C) For this purpose—

• (a) the outer perimeter of the protection provided for any premises is the line of the outermost fences, walls or other obstacles provided or relied on for protecting those premises from intruders; and

• (b) that line shall be determined on the assumption that every gate, door or other barrier across a way through a fence, wall or other obstacle is closed.

• (2) A “designated Scottish site” means a site in Scotland—

• (a) specified or described (in any way) in an order made by the Secretary of State, and

• (b) designated for the purposes of this section by the order.

• (3) The Secretary of State may only designate a site for the purposes of this section if it appears to him that it is appropriate to designate the site in the interests of national security.

• (4) It is a defence for a person charged with an offence under this section to prove that he did not know, and had no reasonable cause to suspect, that the site in relation to which the offence is alleged to have been committed was a protected Scottish site.

• (5) A person guilty of an offence under this section is liable on summary conviction—

• (a) to imprisonment for a term not exceeding 12 months, or

• (b) to a fine not exceeding level 5 on the standard scale,

or to both.

• (6) For the purposes of subsection (1), a person who is on any protected Scottish site without lawful authority does not acquire lawful authority by virtue of being allowed time to leave the site.

• (7) In this section “site” means the whole or part of any building or buildings, or any land, or both.

Designated sites: powers of arrest

130

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

• (2) An offence under section 128 is to be treated as an arrestable offence for the purposes of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

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

Designated sites: access

131

• (1) The following provisions do not apply to land in respect of which a designation order is in force—

• (a) section 2(1) of the Countryside and Rights of Way Act 2000 (c. 37) (rights of public in relation to access land),

• (b) Part III of the Countryside (Northern Ireland) Order 1983 (S.I. 1983/1895 (N.I. 18)) (access to open country), and

• (c) section 1 of the Land Reform (Scotland) Act 2003 (asp 2) (access rights).

• (2) The Secretary of State may take such steps as he considers appropriate to inform the public of the effect of any designation order, including, in particular, displaying notices on or near the site to which the order relates.

• (3) But the Secretary of State may only—

• (a) display any such notice, or

• (b) take any other steps under subsection (2),

in or on any building or land, if the appropriate person consents.

• (4) The “appropriate person” is—

• (a) a person appearing to the Secretary of State to have a sufficient interest in the building or land to consent to the notice being displayed or the steps being taken, or

• (b) a person acting on behalf of such a person.

• (5) In this section a “designation order” means—

• (a) in relation to England and Wales or Northern Ireland, an order under section 128, or

• (b) in relation to Scotland, an order under section 129.

Demonstrations in vicinity of Parliament

Demonstrating without authorisation in designated area

132

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

Notice of demonstrations in designated area

133

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

Authorisation of demonstrations in designated area

134

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

Supplementary directions

135

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

Offences under sections 132 to 135: penalties

136

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

Loudspeakers in designated area

137

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

The designated area

138

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

Anti-social behaviour

Orders about anti-social behaviour etc.

139

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

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

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

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

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) In section 14A of the Football Spectators Act 1989 (c. 37) (banning orders on conviction of an offence), after subsection (4) insert—

(4A) The court may adjourn any proceedings in relation to an order under this section even after sentencing the offender. (4B) If the offender does not appear for any adjourned proceedings, the court may further adjourn the proceedings or may issue a warrant for his arrest. (4C) But the court may not issue a warrant for the offender's arrest unless it is satisfied that he has had adequate notice of the time and place of the adjourned proceedings.

Variation and discharge of anti-social behaviour orders made on conviction

140

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

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

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

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

• (5) In section 3 of the Prosecution of Offences Act 1985 (c. 23) (functions of the Director of Public Prosecutions), in subsection (2), after paragraph (fa) insert—

(fb) where it appears to him appropriate to do so, to have the conduct of applications under section 1CA(3) of the Crime and Disorder Act 1998 for the variation or discharge of orders made under section 1C of that Act; (fc) where it appears to him appropriate to do so, to appear on any application under section 1CA of that Act made by a person subject to an order under section 1C of that Act for the variation or discharge of the order.

Anti-social behaviour orders etc: reporting restrictions

141

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

Contracting out of local authority functions relating to anti-social behaviour orders

142

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

Special measures for witnesses in proceedings for anti-social behaviour orders etc.

143

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

Parental compensation orders

Parental compensation orders

144

Schedule 10 is to have effect.

Part 5 — Miscellaneous

Protection of activities of certain organisations

Interference with contractual relationships so as to harm animal research organisation

145

• (1) A person (A) commits an offence if, with the intention of harming an animal research organisation, he—

• (a) does a relevant act, or

• (b) threatens that he or somebody else will do a relevant act,

in circumstances in which that act or threat is intended or likely to cause a second person (B) to take any of the steps in subsection (2).

• (2) The steps are—

• (a) not to perform any contractual obligation owed by B to a third person (C) (whether or not such non-performance amounts to a breach of contract);

• (b) to terminate any contract B has with C;

• (c) not to enter into a contract with C.

• (3) For the purposes of this section, a “relevant act” is—

• (a) an act amounting to a criminal offence, or

• (b) a tortious act causing B to suffer loss or damage of any description;

but paragraph (b) does not include an act which is actionable on the ground only that it induces another person to break a contract with B.

• (4) For the purposes of this section, “contract” includes any other arrangement (and “contractual” is to be read accordingly).

• (5) For the purposes of this section, to “harm” an animal research organisation means—

• (a) to cause the organisation to suffer loss or damage of any description, or

• (b) to prevent or hinder the carrying out by the organisation of any of its activities.

• (6) This section does not apply to any act done wholly or mainly in contemplation or furtherance of a trade dispute.

• (7) In subsection (6) “trade dispute” has the same meaning as in Part 4 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), except that section 218 of that Act shall be read as if—

• (a) it made provision corresponding to section 244(4) of that Act, and

• (b) in subsection (5), the definition of “worker” included any person falling within paragraph (b) of the definition of “worker” in section 244(5).

Intimidation of persons connected with animal research organisation

146

• (1) A person (A) commits an offence if, with the intention of causing a second person (B) to abstain from doing something which B is entitled to do (or to do something which B is entitled to abstain from doing)—

• (a) A threatens B that A or somebody else will do a relevant act, and

• (b) A does so wholly or mainly because B is a person falling within subsection (2).

• (2) A person falls within this subsection if he is—

• (a) an employee or officer of an animal research organisation;

• (b) a student at an educational establishment that is an animal research organisation;

• (c) a lessor or licensor of any premises occupied by an animal research organisation;

• (d) a person with a financial interest in, or who provides financial assistance to, an animal research organisation;

• (e) a customer or supplier of an animal research organisation;

• (f) a person who is contemplating becoming someone within paragraph (c), (d) or (e);

• (g) a person who is, or is contemplating becoming, a customer or supplier of someone within paragraph (c), (d), (e) or (f);

• (h) an employee or officer of someone within paragraph (c), (d), (e), (f) or (g);

• (i) a person with a financial interest in, or who provides financial assistance to, someone within paragraph (c), (d), (e), (f) or (g);

• (j) a spouse, civil partner, friend or relative of, or a person who is known personally to, someone within any of paragraphs (a) to (i);

• (k) a person who is, or is contemplating becoming, a customer or supplier of someone within paragraph (a), (b), (h), (i) or (j); or

• (l) an employer of someone within paragraph (j).

• (3) For the purposes of this section, an “officer” of an animal research organisation or a person includes—

• (a) where the organisation or person is a body corporate, a director, manager or secretary;

• (b) where the organisation or person is a charity, a charity trustee (within the meaning of the Charities Act 2011);

• (c) where the organisation or person is a partnership, a partner.

• (4) For the purposes of this section—

• (a) a person is a customer or supplier of another person if he purchases goods, services or facilities from, or (as the case may be) supplies goods, services or facilities to, that other; and

• (b) “supplier” includes a person who supplies services in pursuance of any enactment that requires or authorises such services to be provided.

• (5) For the purposes of this section, a “relevant act” is—

• (a) an act amounting to a criminal offence, or

• (b) a tortious act causing B or another person to suffer loss or damage of any description.

• (6) The Secretary of State may by order amend this section so as to include within subsection (2) any description of persons framed by reference to their connection with—

• (a) an animal research organisation, or

• (b) any description of persons for the time being mentioned in that subsection.

• (7) This section does not apply to any act done wholly or mainly in contemplation or furtherance of a trade dispute.

• (8) In subsection (7) “trade dispute” has the meaning given by section 145(7).

Penalty for offences under sections 145 and 146

147

• (1) A person guilty of an offence under section 145 or 146 is liable—

• (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum, or to both;

• (b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

• (2) No proceedings for an offence under either of those sections may be instituted except by or with the consent of the Director of Public Prosecutions.

Animal research organisations

148

• (1) For the purposes of sections 145 and 146 “animal research organisation” means any person or organisation falling within subsection (1A), (2) or (3).

• (1A) A person or organisation falls within this subsection if the person or organisation holds a licence granted under section 2C of the 1986 Act (licensing of undertakings involving the use of animals for scientific procedures).

• (2) A person or organisation falls within this subsection if he or it is the owner, lessee or licensee of premises constituting or including a place specified in a licence granted under that section or under section 5 of the 1986 Act (licensing of projects involving the use of animals for scientific procedures).

• (3) A person or organisation falls within this subsection if he or it employs, or engages under a contract for services, any of the following in his capacity as such—

• (za) the holder of a licence granted under section 2C of the 1986 Act,

• (zb) a person specified under section 2C(5) of that Act,

• (a) the holder of a personal licence granted under section 4 of the 1986 Act, or

• (b) the holder of a project licence granted under section 5 of that Act,

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

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

• (4) The Secretary of State may by order amend this section so as to include a reference to any description of persons whom he considers to be involved in, or to have a direct connection with persons who are involved in, the application of regulated procedures.

• (5) In this section—

• “the 1986 Act” means the Animals (Scientific Procedures) Act 1986 (c. 14);

• “organisation” includes any institution, trust, undertaking or association of persons;

• “premises” includes any place within the meaning of the 1986 Act;

• “regulated procedures” has the meaning given by section 2 of the 1986 Act.

Extension of sections 145 to 147

149

• (1) The Secretary of State may by order provide for sections 145, 146 and 147 to apply in relation to persons or organisations of a description specified in the order as they apply in relation to animal research organisations.

• (2) The Secretary of State may, however, only make an order under this section if satisfied that a series of acts has taken place and—

• (a) that those acts were directed at persons or organisations of the description specified in the order or at persons having a connection with them, and

• (b) that, if those persons or organisations had been animal research organisations, those acts would have constituted offences under section 145 or 146.

• (3) In this section “organisation” and “animal research organisation” have the meanings given by section 148.

Vehicle registration and insurance and road traffic offences

Offence in respect of incorrectly registered vehicles

150

• (1) After section 43B of the Vehicle Excise and Registration Act 1994 (c. 22) insert—

(43C) (1) A person is guilty of an offence if, on a public road or in a public place, he uses a vehicle to which subsection (2) applies and in respect of which— (a) the name and address of the keeper are not recorded in the register, or (b) any of the particulars recorded in the register are incorrect. (2) This subsection applies to a vehicle if— (a) vehicle excise duty is chargeable in respect of it, or (b) it is an exempt vehicle in respect of which regulations under this Act require a nil licence to be in force. (3) It is a defence for a person charged with an offence under subsection (1) to show (as the case may be)— (a) that there was no reasonable opportunity, before the material time, to furnish the name and address of the keeper of the vehicle, or (b) that there was no reasonable opportunity, before the material time, to furnish particulars correcting the incorrect particulars. (4) It is also a defence for a person charged with an offence under subsection (1) to show— (a) that he had reasonable grounds for believing, or that it was reasonable for him to expect, that the name and address of the keeper or the other particulars of registration (as the case may be) were correctly recorded in the register, or (b) that any exception prescribed in regulations under this section is met. (5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (6) The Secretary of State may make regulations prescribing, varying or revoking exceptions for the purposes of subsection (4)(b). (7) In this section— - “keeper”, in relation to a vehicle, means the person by whom it is kept at the material time; - “the register” means the register kept by the Secretary of State under Part 2.

• (2) In Schedule 3 to the Road Traffic Offenders Act 1988 (c. 53) (fixed penalty offences) after the entry relating to section 43 of the Vehicle Excise and Registration Act 1994 insert—

Section 43C of that Act	Using an incorrectly registered vehicle.

Power of constables etc. to require production of registration documents in respect of a vehicle

151

After section 28 of the Vehicle Excise and Registration Act 1994 (c. 22) insert—

(28A) (1) A person using a vehicle in respect of which a registration document has been issued must produce the document for inspection on being so required by— (a) a constable, or (b) a person authorised by the Secretary of State for the purposes of this section (an “authorised person”). (2) An authorised person exercising the power conferred by subsection (1) must, if so requested, produce evidence of his authority to exercise the power. (3) A person is guilty of an offence if he fails to comply with subsection (1). (4) Subsection (3) does not apply if any of the following conditions is satisfied. (5) The first condition is that— (a) the person produces the registration document, in person, at a police station specified by him at the time of the request, and (b) he does so within 7 days after the date on which the request was made or as soon as is reasonably practicable. (6) The second condition is that— (a) the vehicle is subject to a lease or hire agreement, (b) the vehicle is not registered in the name of the lessee or hirer under that agreement and is not required to be so registered, (c) the person produces appropriate evidence of the agreement to the constable or authorised person at the time of the request or he produces such evidence in person, at a police station specified by him at the time of the request— (i) within 7 days after the date of the request, or (ii) as soon as is reasonably practicable, and (d) the person has reasonable grounds for believing, or it is reasonable for him to expect, that the person from whom the vehicle has been leased or hired is able to produce, or require the production of, the registration document. (7) In subsection (6)(c) “appropriate evidence” means— (a) a copy of the agreement, or (b) such other documentary evidence of the agreement as is prescribed in regulations under this section. (8) The third condition is that any exception prescribed in regulations under this section is met. (9) Where a requirement is imposed under subsection (1) by an authorised person, a testing station provided under section 52(2) of the Road Traffic Act 1988 may be specified under subsection (5)(a) or (6)(c) instead of a police station. (10) A person accused of an offence under this section is not entitled to the benefit of an exception conferred by or under this section unless evidence is adduced that is sufficient to raise an issue with respect to that exception, but where evidence is so adduced it is for the prosecution to prove beyond reasonable doubt that the exception does not apply. (11) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale. (12) The Secretary of State may make regulations— (a) prescribing descriptions of evidence for the purposes of subsection (7); (b) prescribing, varying or revoking exceptions for the purposes of subsection (8). (13) In this section “registration document” means a registration document issued in accordance with regulations under section 22(1)(e).

Power to seize etc. vehicles driven without licence or insurance

152

After section 165 of the Road Traffic Act 1988 (c. 52) insert—

(165A) (1) Subsection (5) applies if any of the following conditions is satisfied. (2) The first condition is that— (a) a constable in uniform requires, under section 164, a person to produce his licence and its counterpart for examination, (b) the person fails to produce them, and (c) the constable has reasonable grounds for believing that a motor vehicle is or was being driven by the person in contravention of section 87(1). (3) The second condition is that— (a) a constable in uniform requires, under section 165, a person to produce evidence that a motor vehicle is not or was not being driven in contravention of section 143, (b) the person fails to produce such evidence, and (c) the constable has reasonable grounds for believing that the vehicle is or was being so driven. (4) The third condition is that— (a) a constable in uniform requires, under section 163, a person driving a motor vehicle to stop the vehicle, (b) the person fails to stop the vehicle, or to stop the vehicle long enough, for the constable to make such lawful enquiries as he considers appropriate, and (c) the constable has reasonable grounds for believing that the vehicle is or was being driven in contravention of section 87(1) or 143. (5) Where this subsection applies, the constable may— (a) seize the vehicle in accordance with subsections (6) and (7) and remove it; (b) enter, for the purpose of exercising a power falling within paragraph (a), any premises (other than a private dwelling house) on which he has reasonable grounds for believing the vehicle to be; (c) use reasonable force, if necessary, in the exercise of any power conferred by paragraph (a) or (b). (6) Before seizing the motor vehicle, the constable must warn the person by whom it appears that the vehicle is or was being driven in contravention of section 87(1) or 143 that he will seize it— (a) in a section 87(1) case, if the person does not produce his licence and its counterpart immediately; (b) in a section 143 case, if the person does not provide him immediately with evidence that the vehicle is not or was not being driven in contravention of that section. But the constable is not required to give such a warning if the circumstances make it impracticable for him to do so. (7) If the constable is unable to seize the vehicle immediately because the person driving the vehicle has failed to stop as requested or has driven off, he may seize it at any time within the period of 24 hours beginning with the time at which the condition in question is first satisfied. (8) The powers conferred on a constable by this section are exercisable only at a time when regulations under section 165B are in force. (9) In this section— (a) a reference to a motor vehicle does not include an invalid carriage; (b) a reference to evidence that a motor vehicle is not or was not being driven in contravention of section 143 is a reference to a document or other evidence within section 165(2)(a); (c) “counterpart” and “licence” have the same meanings as in section 164; (d) “private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house. (165B) (1) The Secretary of State may by regulations make provision as to— (a) the removal and retention of motor vehicles seized under section 165A; and (b) the release or disposal of such motor vehicles. (2) Regulations under subsection (1) may, in particular, make provision— (a) for the giving of notice of the seizure of a motor vehicle under section 165A to a person who is the registered keeper, the owner or the driver of that vehicle; (b) for the procedure by which a person who claims to be the registered keeper or the owner of a motor vehicle seized under section 165A may seek to have it released; (c) for requiring the payment, by the registered keeper, owner or driver of the vehicle, of fees, charges or costs in relation to the removal and retention of such a motor vehicle and to any application for its release; (d) as to the circumstances in which a motor vehicle seized under section 165A may be disposed of; (e) as to the destination— (i) of any fees or charges payable in accordance with the regulations; (ii) of the proceeds (if any) arising from the disposal of a motor vehicle seized under section 165A; (f) for the delivery to a local authority, in circumstances prescribed by or determined in accordance with the regulations, of any motor vehicle seized under section 165A. (3) Regulations under subsection (1) must provide that a person who would otherwise be liable to pay any fee or charge under the regulations is not liable to pay it if— (a) he was not driving the motor vehicle at the time in question, and (b) he did not know that the vehicle was being driven at that time, had not consented to its being driven and could not, by the taking of reasonable steps, have prevented it from being driven. (4) Regulations under subsection (1) may make different provision for different cases. (5) In this section— - “local authority”— 1. in relation to England, means— 1. a county council, 2. the council of a district comprised in an area for which there is no county council, 3. a London borough council, 4. the Common Council of the City of London, or 5. Transport for London; 2. in relation to Wales, means the council of a county or county borough; and 3. in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; - “registered keeper”, in relation to a motor vehicle, means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994.

Disclosure of information about insurance status of vehicles

153

• (1) The Secretary of State may by regulations make provision for and in connection with requiring MIIC to make available relevant vehicle insurance information to the Secretary of State for processing with a view to making the processed information available for use by constables.

• (2) “Relevant vehicle insurance information” means information relating to vehicles the use of which has been (but no longer is) insured under a policy of insurance ... complying with the requirements of Part 6 of the Road Traffic Act 1988 (c. 52).

• (3) The regulations may in particular—

• (a) require all relevant vehicle insurance information or any particular description of such information to be made available to the Secretary of State,

• (b) determine the purposes for which information processed from such information by the Secretary of State may be made available for use by constables, and

• (c) determine the circumstances in which any of the processed information which has been made available for use by constables may be further disclosed by them.

• (4) In this section—

• “information” means information held in any form,

• “MIIC” means the Motor Insurers' Information Centre (a company limited by guarantee and incorporated under the Companies Act 1985 (c. 6) on 8th December 1998), and

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to require specimens of breath at roadside or at hospital etc.

154

• (1) Section 6D of the Road Traffic Act 1988 (preliminary tests for drink and drugs: arrest) is amended as follows.

• (2) After subsection (1) insert—

(1A) The fact that specimens of breath have been provided under section 7 of this Act by the person concerned does not prevent subsection (1) above having effect if the constable who imposed on him the requirement to provide the specimens has reasonable cause to believe that the device used to analyse the specimens has not produced a reliable indication of the proportion of alcohol in the breath of the person.

• (3) After subsection (2) insert—

(2A) A person arrested under this section may, instead of being taken to a police station, be detained at or near the place where the preliminary test was, or would have been, administered, with a view to imposing on him there a requirement under section 7 of this Act.

• (4) Section 7 of that Act (provision of specimens for analysis) is amended as follows.

• (5) For subsection (2) substitute—

(2) A requirement under this section to provide specimens of breath can only be made— (a) at a police station, (b) at a hospital, or (c) at or near a place where a relevant breath test has been administered to the person concerned or would have been so administered but for his failure to co-operate with it. (2A) For the purposes of this section “a relevant breath test” is a procedure involving the provision by the person concerned of a specimen of breath to be used for the purpose of obtaining an indication whether the proportion of alcohol in his breath or blood is likely to exceed the prescribed limit. (2B) A requirement under this section to provide specimens of breath may not be made at or near a place mentioned in subsection (2)(c) above unless the constable making it— (a) is in uniform, or (b) has imposed a requirement on the person concerned to co-operate with a relevant breath test in circumstances in which section 6(5) of this Act applies. (2C) Where a constable has imposed a requirement on the person concerned to co-operate with a relevant breath test at any place, he is entitled to remain at or near that place in order to impose on him there a requirement under this section. (2D) If a requirement under subsection (1)(a) above has been made at a place other than at a police station, such a requirement may subsequently be made at a police station if (but only if)— (a) a device or a reliable device of the type mentioned in subsection (1)(a) above was not available at that place or it was for any other reason not practicable to use such a device there, or (b) the constable who made the previous requirement has reasonable cause to believe that the device used there has not produced a reliable indication of the proportion of alcohol in the breath of the person concerned.

• (6) In subsection (3) (circumstances in which requirement to provide a specimen of blood or urine may be made)—

• (a) in paragraph (b) (breath-testing device not available etc.) insert at the beginning “ specimens of breath have not been provided elsewhere and ”, and

• (b) in paragraph (bb) (police station breath-testing device has not provided a reliable indication of alcohol level) for “at the police station” substitute “ (at the police station or elsewhere) ”.

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

• (8) In section 9(1) of that Act (protection for hospital patients) for “for a laboratory test” substitute “ under section 7 of this Act ”.

• (9) Section 10 of that Act (detention of persons affected by alcohol or a drug) is amended as follows.

• (10) In subsection (1) (detention at a police station)—

• (a) for “until it appears to the constable” substitute “ (or, if the specimen was provided otherwise than at a police station, arrested and taken to and detained at a police station) if a constable has reasonable grounds for believing ”, and

• (b) for “not be committing” substitute “ commit ”.

• (11) In subsection (2) (grounds for detention) for “A person shall not be detained in pursuance of this section if it appears to a” substitute “ Subsection (1) above does not apply to the person if it ought reasonably to appear to the ”.

• (12) After that subsection insert—

(2A) A person who is at a hospital as a patient shall not be arrested and taken from there to a police station in pursuance of this section if it would be prejudicial to his proper care and treatment as a patient.

Payments by Secretary of State to police authorities in relation to the prevention, detection and enforcement of certain traffic offences

155

• (1) The Secretary of State may make payments in respect of the whole or any part of the expenditure of a local policing body in relation to—

• (a) the prevention and detection of offences to which subsection (3) applies, or

• (b) any enforcement action or proceedings in respect of such offences or any alleged such offences.

• (2) Payments under this section shall be made at such times, in such manner and subject to such conditions as the Secretary of State may determine.

• (3) This subsection applies to offences committed in England and Wales under the following provisions—

Road Traffic Act 1988 (c. 52)section 14 (requirements regarding seat belts: adults);section 15(2) and (4) (restriction on carrying children not wearing seat belts in motor vehicles);section 42 (motor vehicles and trailers: other construction and use requirements) in relation to the construction and use requirements imposed by the following regulations—(a) regulations 54, 57, 104 and 110 of the Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078);(b) regulations 11(1) and 25 of the Road Vehicles Lighting Regulations 1989 (S.I. 1989/1796);section 87(1) (drivers of motor vehicles to have driving licences);section 47 (obligatory test certificates for motor vehicles);section 143 (users of motor vehicles to be insured ...);section 163 (power of police to stop vehicles);section 172 (duty to give information as to the identity of driver etc. in certain circumstances);

Vehicle Excise and Registration Act 1994 (c. 22)section 33 (not exhibiting vehicle licence);section 42 (not fixing registration mark);section 43 (obscured registration mark);section 43C (using an incorrectly registered vehicle);section 59 (regulations: offences) in relation to the requirements imposed by regulation 11 of the Road Vehicles (Display of Registration Marks) Regulations 2001 (S.I. 2001/561).

• (4) The Secretary of State may by order amend the list of offences in subsection (3) so as to add, modify or omit any entry.

• (5) In subsection (3) “construction and use requirements” has the meaning given by section 41(7) of the Road Traffic Act 1988 (c. 52).

Payments by Scottish Ministers to police authorities etc. in relation to the prevention, detection and enforcement of certain traffic offences

156

• (1) The Scottish Ministers may make payments in respect of the whole or any part of the expenditure of the Scottish Police Authority in relation to—

• (a) the prevention and detection of offences to which subsection (3) applies, or

• (b) any enforcement action or proceedings in respect of such offences or any alleged such offences.

• (2) Payments under this section shall be made at such times, in such manner and subject to such conditions as the Scottish Ministers may determine.

• (3) This subsection applies to offences committed in Scotland under the following provisions—

Road Traffic Act 1988 (c. 52)section 14 (requirements regarding seat belts: adults);section 15(2) and (4) (restriction on carrying children not wearing seat belts in motor vehicles);section 42 (motor vehicles and trailers: other construction and use requirements) in relation to the construction and use requirements imposed by the following regulations—(a) regulations 54, 57, 104 and 110 of the Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078);(b) regulations 11(1) and 25 of the Road Vehicles Lighting Regulations 1989 (S.I. 1989/1796);section 47 (obligatory test certificates for motor vehicles);section 87(1) (drivers of motor vehicles to have driving licences);section 143 (users of motor vehicles to be insured ...);section 163 (power of police to stop vehicles);section 172 (duty to give information as to the identity of driver etc. in certain circumstances);

Vehicle Excise and Registration Act 1994 (c. 22)section 33 (not exhibiting vehicle licence);section 42 (not fixing registration mark);section 43 (obscured registration mark);section 43C (using an incorrectly registered vehicle);section 59 (regulations: offences) in relation to the requirements imposed by regulation 11 of the Road Vehicles (Display of Registration Marks) Regulations 2001 (S.I. 2001/561).

• (4) The Scottish Ministers may by order amend the list of offences in subsection (3) so as to add, modify or omit any entry.

• (5) In subsection (3) “construction and use requirements” has the meaning given by section 41(7) of the Road Traffic Act 1988 (c. 52).

• (6) In section 95 of the Road Traffic Offenders Act 1988 (c. 53) (destination of fines imposed in respect of road traffic offences etc.) insert—

(3) There shall be paid into the Scottish Consolidated Fund all fixed penalties imposed in respect of offences, committed in Scotland, to which section 156(3) of the Serious Organised Crime and Police Act 2005 applies.

Local policing information

Publication of local policing information

157

After section 8 of the Police Act 1996 (c. 16) insert—

(8A) (1) As soon as possible after the end of each financial year, every police authority established under section 3 shall issue a report for members of the public in the authority's area on matters relating to the policing of that area for the year. (2) Such a report is referred to in this section as a “local policing summary”. (3) The Secretary of State may by order specify matters which are to be included in a local policing summary. (4) A police authority shall arrange— (a) for every local policing summary issued by it under this section to be published in such manner as appears to it to be appropriate, and (b) for a copy of every such summary to be sent, by whatever means appear to the authority to be appropriate, to each person liable to pay any tax, precept or levy to or in respect of the authority. (5) It shall be the duty of a police authority, in preparing and publishing a local policing summary, to have regard to any guidance given by the Secretary of State about the form and content of local policing summaries and the manner of their publication. (6) Before making an order under subsection (3), and before giving any such guidance as is referred to in subsection (5), the Secretary of State must consult— (a) persons whom he considers to represent the interests of police authorities, (b) persons whom he considers to represent the interests of chief officers of police, and (c) such other persons as he thinks fit. (7) This section shall apply in relation to the Metropolitan Police Authority as it applies to a police authority established under section 3. (8) A statutory instrument containing an order under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Other miscellaneous police matters

Responsibilities in relation to the health and safety etc. of police

158

• (1) In section 51A of the Health and Safety at Work etc. Act 1974 (c. 37) (application of Part 1 of that Act to police) after subsection (2) insert—

(2A) For the purposes of this Part the relevant officer, as defined by subsection (2)(a) or (c) above, shall be treated as a corporation sole. (2B) Where, in a case in which the relevant officer, as so defined, is guilty of an offence by virtue of this section, it is proved— (a) that the officer-holder personally consented to the commission of the offence, (b) that he personally connived in its commission, or (c) that the commission of the offence was attributable to personal neglect on his part, the office-holder (as well as the corporation sole) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2C) In subsection (2B) above “the office-holder”, in relation to the relevant officer, means an individual who, at the time of the consent, connivance or neglect— (a) held the office or other position mentioned in subsection (2) above as the office or position of that officer; or (b) was for the time being responsible for exercising and performing the powers and duties of that office or position. (2D) The provisions mentioned in subsection (2E) below (which impose the same liability for unlawful conduct of constables on persons having their direction or control as would arise if the constables were employees of those persons) do not apply to any liability by virtue of this Part. (2E) Those provisions are— (a) section 39 of the Police (Scotland) Act 1967; (b) section 88(1) of the Police Act 1996; (c) section 97(9) of that Act; (d) paragraph 7(1) of Schedule 8 to the Police Act 1997; (e) paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001; (f) section 28 of the Serious Organised Crime and Police Act 2005. (2F) In the application of this section to Scotland— (a) subsection (2A) shall have effect as if for the words “corporation sole” there were substituted “ distinct juristic person (that is to say, as a juristic person distinct from the individual who for the time being is the office-holder) ”; (b) subsection (2B) shall have effect as if for the words “corporation sole” there were substituted “ juristic person ”; and (c) subsection (2C) shall have effect as if for the words “subsection (2B)” there were substituted “ subsections (2A) and (2B) ”.

• (2) For subsection (2) of each of the following sections of the Employment Rights Act 1996 (c. 18)—

• (a) section 49A (right of police officers not to suffer detriment in relation to health and safety issues), and

• (b) section 134A (right of police officers not to be unfairly dismissed in relation to health and safety issues),

substitute the subsection set out in subsection (3) of this section.

• (3) The subsection to be substituted is—

(2) In this section “the relevant officer”, in relation to— (a) a person holding the office of constable, or (b) a person holding an appointment as a police cadet, means the person who under section 51A of the Health and Safety at Work etc. Act 1974 is to be treated as his employer for the purposes of Part 1 of that Act.

• (4) The following provisions of the Police Reform Act 2002 (c. 30) (which relate to duties and rights in relation to the health and safety of police) cease to have effect—

• (a) section 95, and

• (b) in Schedule 8, the reference to section 5 of the Police (Health and Safety) Act 1997 (c. 42).

• (5) The amendments made by subsections (1) to (3) have effect for the purposes of any proceedings in or before a court or tribunal that are commenced on or after the day on which this Act is passed as if the amendments had come into force on 1st July 1998.

• (6) For the purposes of proceedings commenced against a person in his capacity by virtue of this section as a corporation sole (or, in Scotland, as a distinct juristic person) anything done by or in relation to that person before the passing of this Act shall be deemed to have been done by or in relation to that person in that capacity.

• (7) No person shall be liable by virtue of section 51A(2B) of the Health and Safety at Work etc. Act 1974 (c. 37) in respect of anything occurring before the passing of this Act.

Investigations: accelerated procedure in special cases

159

Schedule 11 (which makes provision for an accelerated procedure for certain investigations into the conduct of police officers) has effect.

Investigations: deaths and serious injuries during or after contact with the police

160

Schedule 12 (which makes provision for the investigation of deaths and serious injuries which occur during or after contact with persons serving with the police) has effect.

Royal Parks etc.

Abolition of Royal Parks Constabulary

161

• (1) The Royal Parks Constabulary is abolished.

• (2) Every relevant person shall cease to be a park constable on the appointed day.

• (3) Subsection (2) is not to be taken as terminating the Crown employment of any relevant person.

• (4) In this section, section 162 and Schedule 13—

• “appointed day” means such day as the Secretary of State may by order appoint for the purposes of this section,

• “Crown employment” has the same meaning as in the Employment Rights Act 1996 (c. 18), and

• “relevant person” means a person who immediately before the appointed day is serving as a park constable with the Royal Parks Constabulary.

• (5) Schedule 13 (which provides for transfers to the Metropolitan Police Authority and makes amendments) has effect.

Regulation of specified parks

162

• (1) From the appointed day the Parks Regulation Act 1872 (c. 15) does not apply to the specified parks.

• (2) But from the appointed day section 2 of the Parks Regulation (Amendment) Act 1926 (c. 36) applies in relation to the specified parks in the same way as it applies in relation to parks to which the Parks Regulation Act 1872 applies.

• (3) The Secretary of State must ensure that copies of any regulations made under section 2 of the Parks Regulation (Amendment) Act 1926 (c. 36) which are in force in relation to a specified park are displayed in a suitable position in that park.

• (4) In this section “specified park” means a park, garden, recreation ground, open space or other land in the metropolitan police district—

• (a) which is specified in an order made by the Secretary of State before the appointed day, and

• (b) to which the Parks Regulation Act 1872 (c. 15) then applied by virtue of section 1 of the Parks Regulation (Amendment) Act 1926.

Criminal record checks

Criminal record certificates

163

• (1) Sections 113 and 115 of the Police Act 1997 (c. 50) (criminal record certificates) are omitted.

• (2) Before section 114 of that Act insert—