Police and Justice Act 2006

Unauthorised acts with intent to impair operation of computer, etc

36

For section 3 of the 1990 Act (unauthorised modification of computer material) there is substituted—

(3) (1) A person is guilty of an offence if— (a) he does any unauthorised act in relation to a computer; (b) at the time when he does the act he knows that it is unauthorised; and (c) either subsection (2) or subsection (3) below applies. (2) This subsection applies if the person intends by doing the act— (a) to impair the operation of any computer; (b) to prevent or hinder access to any program or data held in any computer;or (c) to impair the operation of any such program or the reliability of any such data; or (d) to enable any of the things mentioned in paragraphs (a) to (c) above to be done. (3) This subsection applies if the person is reckless as to whether the act will do any of the things mentioned in paragraphs (a) to (d) to (c) of subsection (2) above. (4) The intention referred to in subsection (2) above, or the recklessness referred to in subsection (3) above, need not relate to— (a) any particular computer; (b) any particular program or data; or (c) a program or data of any particular kind. (5) In this section— (a) a reference to doing an act includes a reference to causing an act to be done; (b) “act” includes a series of acts; (c) a reference to impairing, preventing or hindering something includes a reference to doing so temporarily. (6) A person guilty of an offence under this section shall be liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both; (b) on summary conviction in Scotland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; (c) on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine or to both.

Making, supplying or obtaining articles for use in computer misuse offences

37

After section 3 of the 1990 Act there is inserted—

(3A) (1) A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article intending it to be used to commit, or to assist in the commission of, an offence under section 1 or 3. (2) A person is guilty of an offence if he supplies or offers to supply any article believing that it is likely to be used to commit, or to assist in the commission of, an offence under section 1 or 3. (3) A person is guilty of an offence if he obtains any article with a view to its being supplied for use to commit, or to assist in the commission of, an offence under section 1 or 3. (4) In this section “article” includes any program or data held in electronic form. (5) A person guilty of an offence under this section shall be liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both; (b) on summary conviction in Scotland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; (c) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

Transitional and saving provision

38

• (1) The amendments made by—

• (a) subsection (2) of section 35, and

• (b) paragraphs 19(2), 25(2) and 29(2) of Schedule 14,

apply only where every act or other event proof of which is required for conviction of an offence under section 1 of the 1990 Act takes place after that subsection comes into force.

• (2) The amendments made by—

• (a) subsection (3) of section 35, and

• (b) paragraphs 23, 24, 25(4) and (5), 26, 27(2) and (7) and 28 of Schedule 14,

do not apply in relation to an offence committed before that subsection comes into force.

• (3) An offence is not committed under the new section 3 unless every act or other event proof of which is required for conviction of the offence takes place after section 36 above comes into force.

• (4) In relation to a case where, by reason of subsection (3), an offence is not committed under the new section 3—

• (a) section 3 of the 1990 Act has effect in the form in which it was enacted;

• (b) paragraphs 19(3), 25(3) to (5), 27(4) and (5) and 29(3) and (4) of Schedule 14 do not apply.

• (5) An offence is not committed under the new section 3A unless every act or other event proof of which is required for conviction of the offence takes place after section 37 above comes into force.

• (6) In the case of an offence committed before 2 May 2022, the following provisions have effect as if for “the general limit in a magistrates’ court” there were substituted “ six months ”

• (a) paragraph (a) of the new section 1(3);

• (b) paragraph (a) of the new section 2(5);

• (c) subsection (6)(a) of the new section 3;

• (d) subsection (5)(a) of the new section 3A.

• (7) In this section—

• (a) “the new section 1(3)” means the subsection (3) substituted in section 1 of the 1990 Act by section 35 above;

• (b) “the new section 2(5)” means the subsection (5) substituted in section 2 of the 1990 Act by paragraph 17 of Schedule 14 to this Act;

• (c) “the new section 3” means the section 3 substituted in the 1990 Act by section 36 above;

• (d) “the new section 3A” means the section 3A inserted in the 1990 Act by section 37 above.

Forfeiture of indecent photographs of children

Forfeiture of indecent photographs of children: England and Wales

39

• (1) The Protection of Children Act 1978 (c. 37) is amended as follows.

• (2) In section 4 (entry, search and seizure)—

• (a) subsection (3) is omitted;

• (b) for subsection (4) there is substituted—

(4) In this section “premises” has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 23 of that Act).

• (3) For section 5 (forfeiture) there is substituted—

(5) The Schedule to this Act makes provision about the forfeiture of indecent photographs and pseudo-photographs.

• (4) At the end of the Act there is inserted the Schedule set out in Schedule 11 to this Act.

• (5) The amendment made by paragraph (b) of subsection (2) has effect only in relation to warrants issued under section 4 of the Protection of Children Act 1978 after the commencement of that paragraph.

• (6) The amendments made by subsections (2)(a), (3) and (4) and Schedule 11 have effect whether the property in question was lawfully seized before or after the coming into force of those provisions.

This is subject to subsection (7).

• (7) Those amendments do not have effect in a case where the property has been brought before a justice of the peace under section 4(3) of the Protection of Children Act 1978 before the coming into force of those provisions.

Forfeiture of indecent photographs of children: Northern Ireland

40

• (1) The Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) is amended as follows.

• (2) In Article 4 (entry, search and seizure), for paragraph (2) there is substituted—

(2) In this Article “premises” has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (see Article 25 of that Order).

• (3) For Articles 5 and 6 (forfeiture) there is substituted—

(5) The Schedule to this Order makes provision about the forfeiture of indecent photographs and pseudo-photographs.

• (4) At the end of the Order there is inserted the Schedule set out in Schedule 12.

• (5) The amendment made by subsection (2) has effect only in relation to warrants granted under Article 4(1) of the Protection of Children (Northern Ireland) Order 1978 after the commencement of that subsection.

• (6) The amendments made by subsections (3) and (4) and Schedule 12 have effect whether the property in question was lawfully seized before or after the coming into force of those provisions.

This is subject to subsection (7).

• (7) Those amendments do not have effect in a case where the property has been brought before a resident magistrate under Article 5(1) of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) before the coming into force of those provisions.

Director General of the Independent Office for Police Conduct

Immigration and asylum enforcement functions: complaints and misconduct

41

• (1) The Secretary of State may make regulations conferring functions on the Director General of the Independent Office for Police Conduct (“the Director General”) in relation to—

• (a) the exercise by immigration officers of specified enforcement functions;

• (b) the exercise by officials of the Secretary of State of specified enforcement functions relating to immigration or asylum;

• (c) the provision of services pursuant to arrangements relating to the discharge of a function within paragraph (a) or (b).

• (2) In subsection (1) the reference to enforcement functions includes, in particular, reference to—

• (a) powers of entry,

• (b) powers to search persons or property,

• (c) powers to seize or detain property,

• (d) powers to arrest persons,

• (e) powers to detain persons,

• (f) powers to examine persons or otherwise to obtain information (including powers to take fingerprints or to acquire other personal data), and

• (g) powers in connection with the removal of persons from the United Kingdom.

• (2A) The Secretary of State may make regulations conferring functions on the Director General in relation to—

• (a) the exercise by designated customs officials, and officials of the Secretary of State, of customs functions within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009;

• (b) the exercise by the Director of Border Revenue, and any person exercising functions of the Director, of customs revenue functions within the meaning of that Part of that Act;

• (c) the provision of services pursuant to arrangements relating to the discharge of a function within paragraph (a) or (b).

• (3) Regulations under subsection (1) may not confer functions on the Director General in relation to the exercise by any person of a function conferred on him by or under Part 8 of the Immigration and Asylum Act 1999 (c. 33).

• (4) Regulations under subsection (1) or (2A)—

• (a) may apply (with or without modification) or make provision similar to any provision of or made under Part 2 of the Police Reform Act 2002 (c. 30) (complaints);

• (b) may make provision for payment by the Secretary of State to or in respect of the Director General.

• (5) The Director General and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—

• (a) by virtue of this section, or

• (b) under the Parliamentary Commissioner Act 1967 (c. 13).

• (6) The Director General and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—

• (a) the Director General has functions by virtue of this section, and

• (b) the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967 (c. 13).

• (7) Regulations under subsection (1) or (2A) shall relate only to the exercise of functions in or in relation to England and Wales , including the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales.

• (8) In this section “immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 (c. 77).

Extradition

Amendments to the Extradition Act 2003 etc

42

Schedule 13 (which in Part 1 makes amendments to the Extradition Act 2003 (c. 41) and in Part 2 makes other amendments concerning extradition) has effect.

Designation of United States of America

43

• (1) In article 3(2) of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 (S.I. 2003/3334) (territories designated for the purposes of sections 71, 73, 84 and 86 of the Extradition Act 2003) the entry for the United States of America is omitted.

• (2) An order bringing subsection (1) into force is not to be made—

• (a) within the period of 12 months beginning with the day on which this Act is passed, or

• (b) if instruments of ratification of the 2003 treaty have been exchanged.

In this subsection “the 2003 treaty” means the Extradition Treaty between the United Kingdom of Great Britain and Northern Ireland and the United States of America signed at Washington on 31st March 2003.

• (3) Subject to subsection (2), if after the end of the period mentioned in subsection (2)(a) a resolution is made by each House of Parliament that subsection (1) should come into force, the Secretary of State shall make an order under section 53 bringing it into force.

• (4) An order made by virtue of subsection (3) must bring subsection (1) into force no later than one month after the day on which the resolutions referred to in subsection (3) are made or, if they are made on different days, the day on which the later resolution is made.

• (5) If subsection (1) is brought into force, it does not affect the power of the Secretary of State to make a further order under section 71(4), 73(5), 84(7) or 86(7) of the Extradition Act 2003 amending article 3 of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 so as to add a reference to the United States of America.

• (6) An order such as is mentioned in subsection (5) may include provision repealing this section.

Repatriation of prisoners

Transfer of prisoner under international arrangements not requiring his consent

44

• (1) Section 1 of the Repatriation of Prisoners Act 1984 (c. 47) (issue of warrant for transfer) is amended as follows.

• (2) In subsection (1), for paragraph (c) there is substituted—

(c) in a case in which the terms of those arrangements provide for the prisoner to be transferred only with his consent, the prisoner's consent has been given,

.

• (3) In subsection (5), for the words from the beginning to “was given” there is substituted “ In such a case as is referred to in subsection (1)(c) above, the relevant Minister shall not issue a warrant under this Act unless he is satisfied that the prisoner's consent was given ”.

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

Live links

Attendance by accused at certain preliminary or sentencing hearings

45

For section 57 of the Crime and Disorder Act 1998 (c. 37) (use of live television links at preliminary hearings) there is substituted—

(57A) (1) This Part— (a) applies to preliminary hearings and sentencing hearings in the course of proceedings for an offence; and (b) enables the court in the circumstances provided for in sections 57B, 57C and 57E to direct the use of a live link for securing the accused's attendance at a hearing to which this Part applies. (2) The accused is to be treated as present in court when, by virtue of a live link direction under this Part, he attends a hearing through a live link. (3) In this Part— - “custody”— 1. includes local authority accommodation to which a person is remanded or committed by virtue of section 23 of the Children and Young Persons Act 1969; but 2. does not include police detention; - “live link” means an arrangement by which a person (when not in the place where the hearing is being held) is able to see and hear, and to be seen and heard by, the court during a hearing (and for this purpose any impairment of eyesight or hearing is to be disregarded); - “police detention” has the meaning given by section 118(2) of the Police and Criminal Evidence Act 1984; - “preliminary hearing” means a hearing in the proceedings held before the start of the trial (within the meaning of subsection (11A) or (11B) of section 22 of the 1985 Act) including, in the case of proceedings in the Crown Court, a preparatory hearing held under— 1. section 7 of the Criminal Justice Act 1987 (cases of serious or complex fraud); or 2. section 29 of the Criminal Procedure and Investigations Act 1996 (other serious, complex or lengthy cases); - “sentencing hearing” means any hearing following conviction which is held for the purpose of— 1. proceedings relating to the giving or rescinding of a direction under section 57E; 2. proceedings (in a magistrates' court) relating to committal to the Crown Court for sentencing; or 3. sentencing the offender or determining how the court should deal with him in respect of the offence. (57B) (1) This section applies in relation to a preliminary hearing in a magistrates' court or the Crown Court. (2) Where it appears to the court before which the preliminary hearing is to take place that the accused is likely to be held in custody during the hearing, the court may give a live link direction under this section in relation to the attendance of the accused at the hearing. (3) A live link direction under this section is a direction requiring the accused, if he is being held in custody during the hearing, to attend it through a live link from the place at which he is being held. (4) If a hearing takes place in relation to the giving or rescinding of such a direction, the court may require or permit a person attending the hearing to do so through a live link. (5) The court shall not give or rescind such a direction (whether at a hearing or otherwise) unless the parties to the proceedings have been given the opportunity to make representations. (6) If in a case where it has power to do so a magistrates' court decides not to give a live link direction under this section, it must— (a) state in open court its reasons for not doing so; and (b) cause those reasons to be entered in the register of its proceedings. (57C) (1) This section applies in relation to a preliminary hearing in a magistrates' court. (2) Where subsection (3) or (4) applies to the accused, the court may give a live link direction in relation to his attendance at the preliminary hearing. (3) This subsection applies to the accused if— (a) he is in police detention at a police station in connection with the offence; and (b) it appears to the court that he is likely to remain at that station in police detention until the beginning of the preliminary hearing. (4) This subsection applies to the accused if he is at a police station in answer to live link bail in connection with the offence. (5) A live link direction under this section is a direction requiring the accused to attend the preliminary hearing through a live link from the police station. (6) But a direction given in relation to an accused to whom subsection (3) applies has no effect if he does not remain in police detention at the police station until the beginning of the preliminary hearing. (7) A live link direction under this section may not be given unless the accused has given his consent to the court. (8) A magistrates' court may rescind a live link direction under this section at any time before or during a hearing to which it relates. (9) A magistrates' court may require or permit— (a) the accused to give or withhold consent under subsection (7) through a live link; and (b) any party to the proceedings who wishes to make representations in relation to the giving or rescission of a live link direction under this section to do so through a live link. (10) Where a live link direction under this section is given in relation to an accused person who is answering to live link bail he is to be treated as having surrendered to the custody of the court (as from the time when the direction is given). (11) In this section, “live link bail” means bail granted under Part 4 of the Police and Criminal Evidence Act 1984 subject to the duty mentioned in section 47(3)(b) of that Act.” (57D) (1) Subsection (2) applies where— (a) a live link direction under section 57B or 57C is in force; (b) the accused is attending a preliminary hearing through a live link by virtue of the direction; (c) the court convicts him of the offence in the course of that hearing (whether by virtue of a guilty plea or an indication of an intention to plead guilty); and (d) the court proposes to continue the hearing as a sentencing hearing in relation to the offence. (2) The accused may continue to attend through the live link by virtue of the direction if— (a) the hearing is continued as a sentencing hearing in relation to the offence; (b) the accused consents to his continuing to attend through the live link; and (c) the court is satisfied that it is not contrary to the interests of justice for him to do so. (3) But the accused may not give oral evidence through the live link during a continued hearing under subsection (2) unless— (a) he consents to give evidence in that way; and (b) the court is satisfied that it is not contrary to the interests of justice for him to give it in that way. (57E) (1) This section applies where the accused is convicted of the offence. (2) If it appears to the court by or before which the accused is convicted that it is likely that he will be held in custody during any sentencing hearing for the offence, the court may give a live link direction under this section in relation to that hearing. (3) A live link direction under this section is a direction requiring the accused, if he is being held in custody during the hearing, to attend it through a live link from the place at which he is being held. (4) Such a direction— (a) may be given by the court of its own motion or on an application by a party; and (b) may be given in relation to all subsequent sentencing hearings before the court or to such hearing or hearings as may be specified or described in the direction. (5) The court may not give such a direction unless— (a) the offender has given his consent to the direction; and (b) the court is satisfied that it is not contrary to the interests of justice to give the direction. (6) The court may rescind such a direction at any time before or during a hearing to which it relates if it appears to the court to be in the interests of justice to do so (but this does not affect the court's power to give a further live link direction in relation to the offender). The court may exercise this power of its own motion or on an application by a party. (7) The offender may not give oral evidence while attending a hearing through a live link by virtue of this section unless— (a) he consents to give evidence in that way; and (b) the court is satisfied that it is not contrary to the interests of justice for him to give it in that way. (8) The court must— (a) state in open court its reasons for refusing an application for, or for the rescission of, a live link direction under this section; and (b) if it is a magistrates' court, cause those reasons to be entered in the register of its proceedings.

Live link bail

46

• (1) The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

• (2) After section 34(7) (persons who are to be treated as arrested) there is inserted—

(8) Subsection (7) does not apply in relation to a person who is granted bail subject to the duty mentioned in section 47(3)(b) and who either— (a) attends a police station to answer to such bail, or (b) is arrested under section 46A for failing to do so, (provision as to the treatment of such persons for the purposes of this Part being made by section 46ZA).

• (3) After section 46 (detention after charge) there is inserted—

(46ZA) (1) This section applies in relation to bail granted under this Part subject to the duty mentioned in section 47(3)(b) (“live link bail”). (2) An accused person who attends a police station to answer to live link bail is not to be treated as in police detention for the purposes of this Act. (3) Subsection (2) does not apply in relation to an accused person if— (a) at any time before the beginning of proceedings in relation to a live link direction under section 57C of the Crime and Disorder Act 1998 in relation to him, he informs a constable that he does not intend to give his consent to the direction; (b) at any such time, a constable informs him that a live link will not be available for his use for the purposes of that section; (c) proceedings in relation to a live link direction under that section have begun but he does not give his consent to the direction; or (d) the court determines for any other reason not to give such a direction. (4) If any of paragraphs (a) to (d) of subsection (3) apply in relation to a person, he is to be treated for the purposes of this Part— (a) as if he had been arrested for and charged with the offence in connection with which he was granted bail, and (b) as if he had been so charged at the time when that paragraph first applied in relation to him. (5) An accused person who is arrested under section 46A for failing to attend at a police station to answer to live link bail, and who is brought to a police station in accordance with that section, is to be treated for the purposes of this Part— (a) as if he had been arrested for and charged with the offence in connection with which he was granted bail, and (b) as if he had been so charged at the time when he is brought to the station. (6) Nothing in subsection (4) or (5) affects the operation of section 47(6).

• (4) In section 46A (power of arrest for failure to answer to police bail) after subsection (1) there is inserted—

(1ZA) The reference in subsection (1) to a person who fails to attend at a police station at the time appointed for him to do so includes a reference to a person who— (a) attends at a police station to answer to bail granted subject to the duty mentioned in section 47(3)(b), but (b) leaves the police station at any time before the beginning of proceedings in relation to a live link direction under section 57C of the Crime and Disorder Act 1998 in relation to him, without informing a constable that he does not intend to give his consent to the direction.

• (5) In section 47 (bail after arrest) —

• (a) in subsection (3), for paragraphs (a) and (b) and the words following them there is substituted—

(a) to appear before a magistrates' court at such time and such place as the custody officer may appoint; (b) to attend at such police station as the custody officer may appoint at such time as he may appoint for the purposes of— (i) proceedings in relation to a live link direction under section 57C of the Crime and Disorder Act 1998 (use of live link direction at preliminary hearings where accused is at police station); and (ii) any preliminary hearing in relation to which such a direction is given; or (c) to attend at such police station as the custody officer may appoint at such time as he may appoint for purposes other than those mentioned in paragraph (b).

;

• (b) in subsection (7), at the end there is inserted “ or to a person to whom section 46ZA(4) or (5) applies ”.

• (6) In section 54 (searches of detained persons), in subsection (1)(b), after “37 above” there is inserted “ or as a person to whom section 46ZA(4) or (5) applies ”.

Evidence of vulnerable accused

47

After section 33 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (interpretation etc of Chapter 1 of Part 2) there is inserted—

(33A) (1) This section applies to any proceedings (whether in a magistrates' court or before the Crown Court) against a person for an offence. (2) The court may, on the application of the accused, give a live link direction if it is satisfied— (a) that the conditions in subsection (4) or, as the case may be, subsection (5) are met in relation to the accused, and (b) that it is in the interests of justice for the accused to give evidence through a live link. (3) A live link direction is a direction that any oral evidence to be given before the court by the accused is to be given through a live link. (4) Where the accused is aged under 18 when the application is made, the conditions are that— (a) his ability to participate effectively in the proceedings as a witness giving oral evidence in court is compromised by his level of intellectual ability or social functioning, and (b) use of a live link would enable him to participate more effectively in the proceedings as a witness (whether by improving the quality of his evidence or otherwise). (5) Where the accused has attained the age of 18 at that time, the conditions are that— (a) he suffers from a mental disorder (within the meaning of the Mental Health Act 1983) or otherwise has a significant impairment of intelligence and social function, (b) he is for that reason unable to participate effectively in the proceedings as a witness giving oral evidence in court, and (c) use of a live link would enable him to participate more effectively in the proceedings as a witness (whether by improving the quality of his evidence or otherwise). (6) While a live link direction has effect the accused may not give oral evidence before the court in the proceedings otherwise than through a live link. (7) The court may discharge a live link direction at any time before or during any hearing to which it applies if it appears to the court to be in the interests of justice to do so (but this does not affect the power to give a further live link direction in relation to the accused). The court may exercise this power of its own motion or on an application by a party. (8) The court must state in open court its reasons for— (a) giving or discharging a live link direction, or (b) refusing an application for or for the discharge of a live link direction, and, if it is a magistrates' court, it must cause those reasons to be entered in the register of its proceedings. (33B) (1) In section 33A “live link” means an arrangement by which the accused, while absent from the place where the proceedings are being held, is able— (a) to see and hear a person there, and (b) to be seen and heard by the persons mentioned in subsection (2), and for this purpose any impairment of eyesight or hearing is to be disregarded. (2) The persons are— (a) the judge or justices (or both) and the jury (if there is one), (b) where there are two or more accused in the proceedings, each of the other accused, (c) legal representatives acting in the proceedings, and (d) any interpreter or other person appointed by the court to assist the accused. (33C) Nothing in this Chapter affects— (a) any power of a court to make an order, give directions or give leave of any description in relation to any witness (including an accused), or (b) the operation of any rule of law relating to evidence in criminal proceedings.

Appeals under Part 1 of the Criminal Appeal Act 1968

48

• (1) In section 22 of the Criminal Appeal Act 1968 (c. 19) (right of appellant to be present at criminal appeal hearings in Court of Appeal), after subsection (3) there is inserted—

(4) The Court of Appeal may give a live link direction in relation to a hearing at which the appellant is expected to be in custody but is entitled to be present (by virtue of subsection (1) or leave given under subsection (2)) at any time before the beginning of that hearing. (5) For this purpose— (a) a “live link direction” is a direction that the appellant (if he is being held in custody at the time of the hearing) is to attend the hearing through a live link from the place at which he is held; and (b) “live link” means an arrangement by which the appellant is able to see and hear, and to be seen and heard by, the Court of Appeal (and for this purpose any impairment of eyesight or hearing is to be disregarded). (6) The Court of Appeal— (a) must not give a live link direction unless the parties to the appeal have had the opportunity to make representations about the giving of such a direction; and (b) may rescind a live link direction at any time before or during any hearing to which it applies (whether of its own motion or on the application of a party).

• (2) In section 23 of that Act (giving of evidence), after subsection (4) there is inserted—

(5) A live link direction under section 22(4) does not apply to the giving of oral evidence by the appellant at any hearing unless that direction, or any subsequent direction of the court, provides expressly for the giving of such evidence through a live link.

• (3) In section 31(2) of that Act (powers exercisable by single judge), after paragraph (c) there is inserted—

(ca) to give a live link direction under section 22(4);

.

Part 6 — Supplemental

Orders and regulations

49

• (1) Subsections (2) to (5) apply to any power to make an order or regulations that is conferred by this Act on—

• (a) the Secretary of State, or

• (b) the Registrar General, ...

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

Subsections (2) and (3) also apply to any power to make an order that is conferred by this Act on the Scottish Ministers or the National Assembly for Wales.

• (2) The power is exercisable by statutory instrument.

• (3) The power may be exercised so as—

• (a) to make different provision for different purposes or different areas;

• (b) to make provision generally or for specified cases or circumstances;

• (c) to make incidental, supplemental, consequential, saving or transitional provision.

• (4) A statutory instrument containing an order or regulations made under any power to which this subsection applies, other than—

• (a) an order to which subsection (5) applies, or

• (b) an order under section 53,

is subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) A statutory instrument containing—

• (a) an order under paragraph 48 of Schedule 1, or

• (b) an order that includes provision made by virtue of section 51(3)(b)(i) or (ii),

may not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.

• (6) A statutory instrument containing an order under paragraph 48 of Schedule 1 made by the Scottish Ministers may not be made unless a draft has been laid before, and approved by a resolution of, the Scottish Parliament.

• (7) A statutory instrument containing an order under section 51 made by the Scottish Ministers, other than an order to which subsection (8) applies, is subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (8) A statutory instrument containing an order under section 51 made by the Scottish Ministers that includes provision made by virtue of subsection (3)(b)(i) of that section may not be made unless a draft has been laid before, and approved by a resolution of, the Scottish Parliament.

• (9) The power of the Department of Justice in Northern Ireland to make an order under section 13(1)(d) or paragraph 48 of Schedule 1 is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 and subsection (3) above applies in relation to the power as it applies in relation to a power mentioned in subsection (1) above.

• (10) An order made by the Department of Justice under section 13(1)(d) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

• (11) No order may be made by the Department of Justice in Northern Ireland under paragraph 48 of Schedule 1 unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

• (12) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (11) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

Money

50

• (1) There is to be paid out of money provided by Parliament—

• (a) any expenditure incurred by a Minister of the Crown by virtue of this Act;

• (b) any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.

• (2) Sums received by a Minister of the Crown by virtue of this Act are to be paid into the Consolidated Fund.

Power to make consequential and transitional provision etc

51

• (1) The Secretary of State may by order make—

• (a) any supplementary, incidental or consequential provision, and

• (b) any transitional or saving provision,

that he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act.

• (2) The power conferred by subsection (1) is exercisable by the Scottish Ministers (rather than the Secretary of State) where the provision to be made is within the legislative competence of the Scottish Parliament.

• (3) An order under this section may in particular—

• (a) provide for any provision of this Act which comes into force before another provision has come into force to have effect, until that other provision has come into force, with specified modifications;

• (b) amend or repeal—

• (i) any Act (including this Act and any Act passed in the same Session as this Act) or any Act of the Scottish Parliament;

• (ii) Northern Ireland legislation;

• (iii) subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) made before the passing of this Act.

• (4) Nothing in this section limits the power under section 49 to include transitional or saving provision in a commencement order under section 53.

• (5) The amendments that may be made by virtue of subsection (3)(b) are in addition to those that are made by, or may be made under, any other provision of this Act.

Amendments and repeals

52

Schedules 14 (minor and consequential amendments) and 15 (repeals and revocations) have effect.

Commencement

53

• (1) Subject to subsections (2) to (9)—

• (a) Parts 1 to 5, and

• (b) section 52 (and Schedules 14 and 15),

come into force in accordance with provision made by order by the Secretary of State.

• (2) Subsection (1) does not apply to—

• (a) section 43(2) to (6);

• (b) paragraph 6 of Schedule 13;

• (c) paragraphs 7(3)(a), 14, 15 and 24 to 26 of Schedule 2 (and section 2 so far as relating to those paragraphs);

• (d) paragraphs 34, 39, 47, 49 and 59 of Schedule 14;

• (e) the repeals in Part 1(B) of Schedule 15 that relate to the paragraphs mentioned in paragraphs (c) and (d);

• (f) section 52 so far as relating to any of those paragraphs and repeals.

• (3) An order bringing the following provisions into force may be made only with the consent of the Scottish Ministers—

• (a) section 1(2)(b);

• (b) Parts 5 and 6 of Schedule 1 and paragraphs 51 to 53 of that Schedule (and section 1(3) so far as relating to those provisions);

• (c) in Part 1(A) of Schedule 15, the repeals in or of the following provisions (and section 52 so far as relating to those repeals)—

• (i) the Police (Scotland) Act 1967 (c. 77);

• (ii) sections 109 to 111 of the Police Act 1997 (c. 50), Schedule 8 to that Act and paragraphs 10, 12 and 14 of Schedule 9 to that Act;

• (iii) the Scottish Public Services Ombudsman Act 2002 (asp 11).

• (4) The following provisions come into force in accordance with provision made by order by the Scottish Ministers—

• (a) sections 35 to 38 so far as they extend to Scotland;

• (b) paragraphs 17 to 19 and 29 of Schedule 14 so far as they extend to Scotland;

• (c) paragraph 25 of that Schedule;

• (d) the repeals in Part 4 of Schedule 15 of—

• (i) provisions in section 13 of the Computer Misuse Act 1990 (c. 18);

• (ii) section 17(7) of that Act so far as it extends to Scotland;

• (iii) paragraph 77 of Schedule 4 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40);

• (e) section 52 so far as relating to those paragraphs and repeals.

• (5) Paragraph 7(2) of Schedule 9 (and section 22 so far as relating to that paragraph), so far as relating to fire and rescue authorities in Wales, comes into force in accordance with provision made by order by the National Assembly for Wales.

• (6) The following provisions, so far as relating to local authorities in Wales, come into force in accordance with provision made by order by the National Assembly for Wales—

• (a) sections 19 and 20 and Schedule 8;

• (b) paragraph 38 of Schedule 14 (and section 52 so far as relating to that paragraph);

• (c) section 27 and Schedule 10;

• (d) the repeal in Part 3 of Schedule 15 of section 91 of the Anti-social Behaviour Act 2003 (c. 38) (and section 52 so far as relating to that repeal).

• (7) The following provisions, so far as relating to local authorities in Wales or registered social landlords on the register maintained by the National Assembly for Wales, come into force in accordance with provision made by order by the Assembly—

• (a) sections 23 to 25;

• (b) paragraphs 53 to 57 of Schedule 14 (and section 52 so far as relating to those paragraphs).

• (8) The following provisions—

• (a) so far as relating to the granting of injunctions on the application of a relevant Welsh landlord—

• (i) section 26,

• (ii) paragraph 32 of Schedule 14,

• (iii) in Part 3 of Schedule 15, the repeal of section 13(4)(b) of the Anti-social Behaviour Act 2003 (c. 38), and

• (iv) section 52 so far as relating to that paragraph and that repeal,

• (b) so far as relating to any tenancy where the landlord is a relevant Welsh landlord—

• (i) paragraphs 12, 13 and 15 of Schedule 14, and

• (ii) section 52 so far as relating to those paragraphs, and

• (c) so far as relating to a relevant Welsh landlord—

• (i) paragraph 33 of Schedule 14, and

• (ii) section 52 so far as relating to that paragraph,

come into force in accordance with provision made by order by the National Assembly for Wales.

• (9) For the purposes of subsection (8), each of the following is a “relevant Welsh landlord”—

• (a) a Welsh county council or county borough council;

• (b) a registered social landlord on the register maintained by the National Assembly for Wales;

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

• (10) The provision that may (by virtue of section 49(3)(c)) be made in an order under this section bringing section 4 into force includes provision prescribing modifications of Part 1 of the Local Government Act 1999 (c. 27) in its application to police authorities.

Extent

54

• (1) Subject to subsections (2) to (6), Parts 1 to 5 extend to England and Wales only.

• (2) The following provisions extend also to Scotland and Northern Ireland—

• section 1(2)(b);

• Parts 5 and 6 of Schedule 1 (and section 1(3) so far as relating to those Parts);

• section 5 and Schedule 3;

• section 38;

• section 41.

• (3) Sections 6 and 13 extend also to Northern Ireland.

• (4) Section 40 and Schedule 12 extend to Northern Ireland only.

• (5) Any amendment or repeal made by this Act extends to the same part or parts of the United Kingdom as the provision to which it relates.

• (6) Subsection (5) does not apply to the amendments made by paragraphs 14 and 37 of Schedule 14, which do not extend to Scotland.

• (7) In section 63 of the Immigration, Asylum and Nationality Act 2006 (c. 13) (extent), after subsection (3) (power to extend Act to Channel Islands or Isle of Man with or without modification or adaptation) there is inserted—

(3A) In subsection (3), the reference to this Act includes— (a) a reference to this Act as it has effect with the amendments and repeals made in it by the Police and Justice Act 2006, and (b) a reference to this Act as it has effect without those amendments and repeals.

Short title

55

This Act may be cited as the Police and Justice Act 2006.

SCHEDULE 1

...

The Agency’s objects

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

The Agency’s principal power

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

Meaning of “listed police force” and “restrictedly listed police force” in paragraphs 1 and 2

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

Consultation: exercise of powers in relation to Scotland or Northern Ireland

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

Annual plans

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

Strategic priorities

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Part 2 — Membership etc

Chairman and other members

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Tenure

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

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

Re-appointment

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Remuneration, pensions etc of appointed members

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Chief executive

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Staff remuneration

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Staff pensions

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

Status of staff members as constables

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Constables employed by the Agency: conditions of service

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Regulations for constables employed by, or seconded to, the Agency

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

Liability for acts of police members of staff

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Payment of amounts in connection with unlawful conduct of any staff

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Delegation to committees, sub-committees and staff

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

Procedure

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

Application of seal and proof of documents

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

Status

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Part 3 — Accountability and supervision

Annual reports

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

Reports to Secretary of State

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Inspections

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Inspection reports

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Post-inspection directions

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Part 4 — Financial provision

Payments by Secretary of State to the Agency

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Charges by the Agency and other receipts

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Payments by Agency to police authorities

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Accounts

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Part 5 — Transfer schemes

Meaning of “scheme”

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

Property, rights and liabilities

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

Effect of transfer of employees

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Staff on secondment

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Deciding matters under scheme

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Supplementary provision

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

Part 6 — Interpretation and modification

Interpretation

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

Power to modify objects, functions and structure of the Agency

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

Part 7 — Consequential amendments

Public Records Act 1958 (c. 51)

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Parliamentary Commissioner Act 1967 (c. 13)

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Police (Scotland) Act 1967 (c. 77)

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

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

Health and Safety at Work etc. Act 1974 (c. 37)

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House of Commons Disqualification Act 1975 (c. 24)

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Northern Ireland Assembly Disqualification Act 1975 (c. 25)

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Police Pensions Act 1976 (c. 35)

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

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Race Relations Act 1976 (c. 74)

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Police Act 1996 (c. 16)

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Police (Northern Ireland) Act 1998 (c. 32)

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Freedom of Information Act 2000 (c. 36)

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Criminal Justice and Court Services Act 2000 (c. 43)

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Vehicles (Crime) Act 2001 (c. 3)

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Criminal Justice and Police Act 2001 (c. 16)

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Police Reform Act 2002 (c. 30)

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Sexual Offences Act 2003 (c. 42)

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Commissioners for Revenue and Customs Act 2005 (c. 11)

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Serious Organised Crime and Police Act 2005 (c. 15)

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SCHEDULE 2

Membership etc of police authorities

1

In section 4 (membership of police authorities outside Greater London), in subsection (4), for “Schedules 2 and 3” there is substituted “ Schedule 2 ”.

2

For Schedule 2 there is substituted—

SCHEDULE 2 (1) (1) The Secretary of State shall by regulations make provision in relation to the membership of police authorities established under section 3. (2) Regulations under this paragraph shall provide for a police authority to consist of— (a) persons who are members of a relevant council, and (b) other persons, including at least one lay justice. (3) Those regulations shall— (a) specify the number of members falling within paragraph (a) and paragraph (b) of sub-paragraph (2), and (b) secure that the majority of members of a police authority are persons falling within paragraph (a) of that sub-paragraph. (4) Those regulations may make further provision as to qualification for membership, and may provide for a specified number of the members of a police authority to be persons of a specified description. (5) Those regulations may include provision as to— (a) how a member is to be appointed; (b) disqualification for membership; (c) the tenure of office of a member (including the circumstances in which a member ceases to hold office or may be removed or suspended from office); (d) re-appointment as a member; (e) the validity of acts and proceedings of a person appointed as a member in the event of his disqualification or lack of qualification; (f) the validity of proceedings of a police authority in the event of a vacancy in membership or of a defect in the appointment of a member or in the composition of the authority; (g) the payment of remuneration and allowances to a member and the reimbursement of expenses. (2) Regulations under paragraph 1 shall provide that— (a) in the case of a police authority in relation to which there is only one relevant council, the members falling within paragraph 1(2)(a) are to be appointed by that council; (b) in any other case, those members are to be appointed by a joint committee consisting of persons appointed by the relevant councils from among their own members. (3) (1) Regulations under paragraph 1 shall provide that the members falling within paragraph 1(2)(b) are to be appointed— (a) by the existing members of the authority, (b) from among persons on a short-list prepared by a selection panel. (2) Those regulations may make provision as to qualification for membership of a selection panel, and may provide for a specified number of the members of a panel to be persons of a specified description. (3) Those regulations may include provision as to— (a) the number of members of a selection panel; (b) how and by whom a member of a panel is to be appointed; (c) disqualification for membership; (d) the tenure of office of a member of a panel (including the circumstances in which a member ceases to hold office or may be removed or suspended from office); (e) re-appointment as a member of a panel; (f) the conduct of proceedings of a panel, including any procedures that a panel is to follow; (g) the validity of acts and proceedings of a person appointed as a member of a panel in the event of his disqualification or lack of qualification; (h) the validity of proceedings of a panel in the event of a vacancy in membership or of a defect in the appointment of a member or in the composition of the panel; (i) the payment of remuneration and allowances to a member of a panel and the reimbursement of expenses. (4) (1) The Secretary of State shall by regulations provide that— (a) a police authority is to appoint a chairman from among its members at each annual meeting; and (b) at an annual meeting a police authority may appoint one or more vice-chairmen from among its members. (2) Regulations under this paragraph may make further provision about how a chairman or vice-chairman is to be appointed, and provision as to— (a) qualification and disqualification for appointment; (b) the tenure of office of a chairman or vice-chairman (including the circumstances in which a chairman or vice-chairman ceases to hold office or may be removed or suspended from office); (c) eligibility for re-appointment; (d) the validity of acts and proceedings of a person appointed as chairman or vice-chairman in the event of his disqualification or lack of qualification; (e) the validity of proceedings of a police authority in the event of a vacancy in the office of chairman or vice-chairman or of a defect in the appointment of a chairman or vice-chairman; (f) the payment of remuneration and allowances to a chairman or vice-chairman and the reimbursement of expenses. (5) The Secretary of State may by regulations make provision as to the payment of remuneration and allowances to, and the reimbursement of expenses of, members of the standards committee of a police authority established under section 3. (6) Before making regulations under this Schedule the Secretary of State shall consult— (a) the Association of Police Authorities, (b) persons whom he considers to represent the interests of county and district councils in England and county and county borough councils in Wales, (c) in the case of regulations that are not to apply to all police authorities established under section 3— (i) any police authority to which the regulations are to apply, and (ii) any relevant council in relation to such an authority, and (d) such other persons as he thinks fit. (7) (1) Regulations under this Schedule may make different provision for different police authorities. (2) Regulations under this Schedule may make transitional, consequential, incidental and supplemental provision or savings. (3) A statutory instrument containing regulations under this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament. (8) (1) For the purposes of this Schedule a council is a “relevant council” in relation to a police authority in England if it is the council for— (a) a county, or (b) a district comprised in an area for which there is no county council, which constitutes, or is wholly within, the authority's police area. (2) For the purposes of this Schedule a council is a “relevant council” in relation to a police authority in Wales if it is the council for a county or county borough which constitutes, or is wholly within, the authority's police area. (9) In this Schedule “lay justice” has the meaning given by section 9 of the Courts Act 2003.

3

In section 5C (membership etc of Metropolitan Police Authority), in subsection (6), for “Schedules 2A and 3” there is substituted “ Schedule 2A ”.

4

For Schedule 2A there is substituted—

SCHEDULE 2A (1) (1) The Secretary of State shall by regulations make provision in relation to the membership of the Metropolitan Police Authority. (2) Regulations under this paragraph shall provide for the Authority to consist of— (a) persons appointed from among the persons specified in sub-paragraph (3), and (b) other persons, including at least one lay justice. (3) The persons referred to in sub-paragraph (2)(a) are— (a) the Mayor of London, and (b) members of the London Assembly. (4) Regulations under this paragraph shall— (a) specify the number of members falling within paragraph (a) and paragraph (b) of sub-paragraph (2), and (b) secure that the majority of members of the Authority are persons falling within paragraph (a) of that sub-paragraph. (5) Those regulations may make further provision as to qualification for membership, and may provide for a specified number of the members of the Authority to be persons of a specified description. (6) Those regulations may include provision as to— (a) how a member is to be appointed; (b) disqualification for membership; (c) the tenure of office of a member (including the circumstances in which a member ceases to hold office or may be removed or suspended from office); (d) re-appointment as a member; (e) the validity of acts and proceedings of a person appointed as a member in the event of his disqualification or lack of qualification; (f) the validity of proceedings of the Authority in the event of a vacancy in membership or of a defect in the appointment of a member or in the composition of the Authority; (g) the payment of remuneration and allowances to a member and the reimbursement of expenses. (2) Regulations under paragraph 1 shall provide that the members falling within paragraph 1(2)(a) are to be appointed by the Mayor of London. (3) (1) Regulations under paragraph 1 shall provide that— (a) one of the members falling within paragraph 1(2)(b) is to be appointed by the Secretary of State, and (b) the other members are to be appointed by the existing members of the Metropolitan Police Authority from among persons on a short-list prepared by a selection panel. (2) Those regulations may make provision as to qualification for membership of a selection panel, and may provide for a specified number of the members of a panel to be persons of a specified description. (3) Those regulations may include provision as to— (a) the number of members of a selection panel; (b) how and by whom a member of a panel is to be appointed; (c) disqualification for membership; (d) the tenure of office of a member of a panel (including the circumstances in which a member ceases to hold office or may be removed or suspended from office); (e) re-appointment as a member of a panel; (f) the conduct of proceedings of a panel, including any procedures that a panel is to follow; (g) the validity of acts and proceedings of a person appointed as a member of a panel in the event of his disqualification or lack of qualification; (h) the validity of proceedings of a panel in the event of a vacancy in membership or of a defect in the appointment of a member or in the composition of the panel; (i) the payment of remuneration and allowances to a member of a panel and the reimbursement of expenses. (4) (1) The Secretary of State shall by regulations provide that— (a) if the Mayor of London is a member of the Metropolitan Police Authority, he is to be the chairman; (b) if not, the Mayor of London is to appoint a chairman from among the members of the Authority. (2) The Secretary of State shall by regulations provide that the Mayor of London may appoint one or more vice-chairmen from among the members of the Authority. (3) Regulations under this paragraph may make further provision about how a chairman or vice-chairman is to be appointed, and provision as to— (a) qualification and disqualification for appointment; (b) the tenure of office of a chairman or vice-chairman (including the circumstances in which a chairman or vice-chairman ceases to hold office or may be removed or suspended from office); (c) eligibility for re-appointment; (d) the validity of acts and proceedings of a person appointed as chairman or vice-chairman in the event of his disqualification or lack of qualification; (e) the validity of proceedings of the Authority in the event of a vacancy in the office of chairman or vice-chairman or of a defect in the appointment of a chairman or vice-chairman; (f) the payment of remuneration and allowances to a chairman or vice-chairman and the reimbursement of expenses. (5) The Secretary of State may by regulations make provision as to the payment of remuneration and allowances to, and the reimbursement of expenses of, members of the Metropolitan Police Authority's standards committee. (6) Before making any regulations under this Schedule, the Secretary of State shall consult— (a) the Metropolitan Police Authority, (b) the Association of Police Authorities, (c) the Greater London Authority, (d) persons whom he considers to represent the interests of London boroughs, and (e) such other persons as he thinks fit. (7) (1) Regulations under this Schedule may make transitional, consequential, incidental and supplemental provision or savings. (2) A statutory instrument containing regulations under this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament. (8) In this Schedule “lay justice” has the meaning given by section 9 of the Courts Act 2003.

5

In section 19 (approval of decisions about precepts), in subsection (2)(b), for “appointed under paragraph 2 of Schedule 2” there is substituted “ who are members of a relevant council as defined in paragraph 8 of Schedule 2 ”.

6

Schedules 3 (police authorities: selection of independent members) and 3A (police authorities: selection of lay justice members) are repealed.

Functions of police authorities

7

• (1) Section 6 (general functions of police authorities) is amended as follows.

• (2) In subsection (1)—

• (a) the words after “section 3” become paragraph (a) of that subsection;

• (b) at the end of that paragraph there is inserted

, and (b) shall hold the chief officer of police of that force to account for the exercise of his functions and those of persons under his direction and control.

• (3) In subsection (2)—

• (a) in paragraph (a), for “objectives determined by the Secretary of State under section 37” there is substituted “ strategic priorities determined by the Secretary of State under section 37A ”;

• (b) in paragraph (b), for “under section 7” there is substituted “ by virtue of section 6ZB ”;

• (c) for paragraph (d) there is substituted—

(d) any plan issued by the authority by virtue of section 6ZB.

• (4) Subsection (4) (police authorities to comply with directions given under section 38 or 40) is omitted.

8

After section 6 there is inserted—

(6ZA) (1) The Secretary of State may by order confer particular functions on police authorities. (2) Without prejudice to the generality of subsection (1), an order under this section may contain provision requiring a police authority— (a) to monitor the performance of the police force maintained for its area in— (i) complying with any duty imposed on the force by or under this Act, the Human Rights Act 1998 or any other enactment; (ii) carrying out any plan issued by virtue of section 6ZB; (b) to secure that arrangements are made for that force to co-operate with other police forces whenever necessary or expedient; (c) to promote diversity within that force and within the authority. (3) Before making an order under this section the Secretary of State must consult— (a) the Association of Police Authorities, (b) the Association of Chief Police Officers, and (c) such other persons as he thinks fit. (4) An order under this section may make different provision for different police authorities. (5) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Police authorities: objectives, plans and reports

9

After section 6ZA (inserted by paragraph 8) there is inserted—

(6ZB) (1) Before the beginning of each financial year every police authority shall issue a plan (a “policing plan”) setting out— (a) the authority's objectives (“policing objectives”) for the policing of its area during that year; and (b) the proposed arrangements for the policing of that area for the period of three years beginning with that year. (2) Policing objectives shall be so framed as to be consistent with any strategic priorities determined under section 37A. (3) Before determining policing objectives, a police authority shall— (a) consult the relevant chief officer of police, and (b) consider any views obtained by the authority in accordance with arrangements made under section 96. (4) A draft of a policing plan required to be issued by a police authority under this section shall be prepared by the relevant chief officer of police and submitted by him to the authority for it to consider. The authority shall consult the relevant chief officer of police before issuing a policing plan which differs from the draft submitted by him under this subsection. (5) The Secretary of State may by regulations make provision supplementing that made by this section. (6) The regulations may make provision (further to that made by subsection (3)) as to persons who are to be consulted, and matters that are to be considered, before determining policing objectives. (7) The regulations may contain provision as to— (a) matters to be dealt with in policing plans (in addition to those mentioned in subsection (1)); (b) persons who are to be consulted, and matters that are to be considered, in preparing policing plans; (c) modification of policing plans; (d) persons to whom copies of policing plans are to be sent. (8) Before making regulations under this section the Secretary of State must consult— (a) the Association of Police Authorities, (b) the Association of Chief Police Officers, and (c) such other persons as he thinks fit. (9) Regulations under this section may make different provision for different police authorities. (10) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (11) In this section “the relevant chief officer of police”, in relation to a police authority, means the chief officer of police of the police force maintained by that authority. (6ZC) (1) The Secretary of State may by order require police authorities to issue reports concerning the policing of their areas. (2) An order under this section may contain provision as to— (a) the periods to be covered by reports, and, as regards each period, the date by which reports are to be issued; (b) the matters to be dealt with in reports; (c) persons to whom copies of reports are to be sent. (3) Before making an order under this section the Secretary of State must consult— (a) the Association of Police Authorities, (b) the Association of Chief Police Officers, and (c) such other persons as he thinks fit. (4) An order under this section may make different provision for different police authorities. (5) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

10

The following sections are repealed—

• section 6A (three-year strategy plans);

• section 7 (local policing objectives);

• section 8 (local policing plans);

• section 9 (annual reports by police authorities).

11

In section 9A (general functions of Commissioner of Police of the Metropolis), in subsection (2), for the words after “shall have regard” there is substituted

to— (a) any arrangements involving the metropolitan police force that are made by virtue of section 6ZA(2)(b); (b) the policing plan issued by the Metropolitan Police Authority under section 6ZB.

12

In section 10 (general functions of chief constables), in subsection (2), for the words after “shall have regard” there is substituted

to— (a) any arrangements involving his force that are made by virtue of section 6ZA(2)(b); (b) the policing plan issued by the police authority for his area under section 6ZB.

13

• (1) Section 96B (national and international functions: application of requirements relating to reports etc) is amended as follows.

• (2) In subsection (2), for “section 7(1) shall have effect as if the reference” there is substituted “ section 6ZB(1) shall have effect as if a reference ”.

• (3) Subsection (3) is repealed.

• (4) In subsection (4), for “section 9(1)” there is substituted “ section 6ZC(1) ”.

Appointment of deputy chief constables etc

14

• (1) Section 11A (appointment and removal of deputy chief constables) is amended as follows.

• (2) In subsection (1) (police forces to have a deputy chief constable), for “a deputy chief constable” there is substituted “ one or more deputy chief constables ”.

• (3) For subsection (2) there is substituted—

(2) The appointment of a person to be a 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. (2A) Where the police authority responsible for maintaining a police force— (a) proposes to increase the number of deputy chief constables that the force has, or (b) proposes to appoint a particular person to be a deputy chief constable, it may do so only after consultation with the chief constable and subject to the approval of the Secretary of State.

15

• (1) Section 12A (power of deputy to exercise functions of chief constable) is amended as follows.

• (2) In subsection (1), for “A deputy chief constable” there is substituted “ The appropriate deputy chief constable ”.

• (3) After that subsection there is inserted—

(1A) The appropriate deputy chief constable for the purposes of subsection (1) is— (a) in the case of a police force that has only one deputy chief constable, the deputy chief constable; (b) in the case of a police force that has more than one deputy chief constable, the most senior deputy chief constable. (1B) The chief constable of a police force that has more than one deputy chief constable shall, after consulting the police authority responsible for maintaining the force, designate the deputy chief constables in order of seniority for the purposes of subsection (1A)(b). (1C) During any absence, incapacity or suspension from duty of the person who— (a) is designated as the most senior deputy chief constable for the purposes of subsection (1A)(b), or (b) is treated under this subsection as the most senior deputy chief constable, the person designated as the next most senior deputy chief constable shall be treated as the most senior one for those purposes.

• (4) For subsection (2) there is substituted—

(2) The chief constable of a police force shall, after consulting the police authority responsible for maintaining the force, 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 during any period when— (a) the chief constable is absent, incapacitated or suspended from duty and— (i) the deputy chief constable, or each of the deputy chief constables, is also absent, incapacitated or suspended from duty, or (ii) the office of the deputy chief constable, or of each of the deputy chief constables, is vacant; or (b) the office of the chief constable is vacant and— (i) the office of the deputy chief constable, or of each of the deputy chief constables, is also vacant, or (ii) the deputy chief constable, or each of the deputy chief constables, is absent, incapacitated or suspended from duty.

• (5) In subsection (5), for “subsections (1) and (2)” there is substituted “ subsections (1) to (2) ”.

Civilian employees of police authorities

16

• (1) Section 15 (civilian employees) is amended as follows.

• (2) For subsection (2) (civilians employed by police authority to be under direction and control of chief officer of police) there is substituted—

(2) A police authority shall exercise its powers under section 101 (and section 107) of the Local Government Act 1972 so as to secure that, subject to section 24(3A), any person employed by the authority under this section solely to assist the police force maintained by the authority is under the direction and control of the chief officer of police of that force.

• (3) Subsection (3) (power to agree or determine exceptions to section 15(2)) is omitted.

17

In section 24 (aid of one police force by another), after subsection (3) there is inserted—

(3A) While a person employed by a police authority under section 15 solely to assist the police force maintained by that authority is provided under this section for the assistance of another police force, he shall, notwithstanding section 15(2), be under the direction and control of the chief officer of police of that other force.

Clerks to police authorities renamed chief executives

18

• (1) Section 16 (appointment of clerk by police authority) is amended as follows.

• (2) In subsections (1) and (2), for “clerk to” there is substituted “ chief executive of ”.

• (3) In the heading, for “clerk” there is substituted “ chief executive ”.

19

In Schedule 6 (appeals to police appeal tribunals), in paragraph 6(2), for “clerk” there is substituted “ chief executive ”.

20

• (1) A reference in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) to the clerk to a police authority has effect as a reference to the chief executive of the authority.

• (2) A person holding office as clerk to a police authority on the commencement of paragraph 18 continues in that office as chief executive of the authority.

• (3) In this paragraph “police authority” means—

• (a) a police authority established under section 3 of the Police Act 1996 (c. 16);

• (b) the Metropolitan Police Authority.

Jurisdiction of special constables

21

• (1) Section 30 (jurisdiction of constables) is amended as follows.

• (2) For subsection (2) (jurisdiction of special constables) there is substituted—

(2) A special constable shall have all the powers and privileges of a constable throughout England and Wales and the adjacent United Kingdom waters.

• (3) Subsections (3) and (4) are omitted.

22

In section 24(3) (constable assisting another police force to be under direction and control of chief officer of that force), for “section 10(1)” there is substituted “ sections 9A(1) and 10(1) ”.

23

In section 27(2) (special constables to be under direction and control of chief officer), after “Subject to” there is inserted “ section 24(3) and ”.

Secretary of State’s strategic functions in relation to police authorities

24

Sections 36A (National Policing Plan) and 37 (setting of objectives for police authorities) are repealed.

25

Before section 38 there is inserted—

(37A) (1) The Secretary of State may determine strategic priorities for the policing of the areas of all police authorities to which this section applies. (2) Before determining any such priorities the Secretary of State shall consult— (a) the Association of Police Authorities, and (b) the Association of Chief Police Officers. (3) The Secretary of State shall arrange for any priorities determined under this section to be published in such manner as he considers appropriate. (4) The police authorities to which this section applies are those established under section 3 and the Metropolitan Police Authority.

26

• (1) Section 38 (setting of performance targets) is amended as follows.

• (2) In subsection (1)—

• (a) for “an objective has been determined under section 37” there is substituted “ a strategic priority has been determined under section 37A ”;

• (b) for “to achieve the objective” there is substituted “ to give effect to that priority ”.

• (3) In subsection (2), for “section 37” there is substituted “ section 37A ”.

• (4) After subsection (4) there is inserted—

(5) A police authority that is given a direction under this section shall comply with it.

Power to give directions to police authority or chief officer of police

27

For section 40 (power to give directions to police authority) there is substituted—