Criminal Justice and Immigration Act 2008

(1) A court may not impose electronic monitoring requirements on a child or young person unless each of the following conditions is met.

• (4) For subsection (4) substitute—

(4) The third condition is that the court is satisfied that the necessary provision for dealing with the person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area.'

• (5) In subsection (5), for “such a requirement” substitute “ electronic monitoring requirements ”.

• (6) Subsections (6) to (10) and (12) (which are superseded by section 3AC) are omitted.

4

After section 3AA insert—

(3AB) (1) A court may not impose electronic monitoring requirements on a person who has attained the age of seventeen unless each of the following conditions is met. (2) The first condition is that the court is satisfied that without the electronic monitoring requirements the person would not be granted bail. (3) The second condition is that the court is satisfied that the necessary provision for dealing with the person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area. (4) If the person is aged seventeen, the third condition is that a youth offending team has informed the court that in its opinion the imposition of electronic monitoring requirements will be suitable in his case. (3AC) (1) Where a court imposes electronic monitoring requirements as a condition of bail, the requirements must include provision for making a person responsible for the monitoring. (2) A person may not be made responsible for the electronic monitoring of a person on bail unless he is of a description specified in an order made by the Secretary of State. (3) The Secretary of State may make rules for regulating— (a) the electronic monitoring of persons on bail; (b) without prejudice to the generality of paragraph (a), the functions of persons made responsible for such monitoring. (4) The rules may make different provision for different cases. (5) Any power of the Secretary of State to make an order or rules under this section is exercisable by statutory instrument. (6) A statutory instrument containing rules under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) For the purposes of section 3AA or 3AB a local justice area is a relevant area in relation to a proposed electronic monitoring requirement if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area. (8) Nothing in sections 3, 3AA or 3AB is to be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of persons released on bail.

SCHEDULE 12

1

The Bail Act 1976 (c. 63) is amended as follows.

2

In section 3(6D)(a) (condition to be imposed on person in relation to whom paragraph 6B(1)(a) to (c) of Part 1 of Schedule 1 to that Act apply), after “apply” insert “ (including where P is a person to whom the provisions of Part 1A of Schedule 1 apply) ”.

3

After section 9 (offence of agreeing to indemnify sureties in criminal proceedings) insert—

(9A) (1) This section applies whenever— (a) a magistrates' court is considering whether to withhold or grant bail in relation to a person aged under 18 who is accused of a scheduled offence; and (b) the trial of that offence has not begun. (2) The court shall, before deciding whether to withhold or grant bail, consider whether, having regard to any representations made by the prosecutor or the accused person, the value involved does not exceed the relevant sum for the purposes of section 22. (3) The duty in subsection (2) does not apply in relation to an offence if— (a) a determination under subsection (4) has already been made in relation to that offence; or (b) the accused person is, in relation to any other offence of which he is accused which is not a scheduled offence, a person to whom Part 1 of Schedule 1 to this Act applies. (4) If where the duty in subsection (2) applies it appears to the court clear that, for the offence in question, the amount involved does not exceed the relevant sum, the court shall make a determination to that effect. (5) In this section— (a) “relevant sum” has the same meaning as in section 22(1) of the Magistrates' Courts Act 1980 (certain either way offences to be tried summarily if value involved is less than the relevant sum); (b) “scheduled offence” means an offence mentioned in Schedule 2 to that Act (offences for which the value involved is relevant to the mode of trial); and (c) “the value involved” is to be construed in accordance with section 22(10) to (12) of that Act.

4

Schedule 1 (persons entitled to bail: supplementary provisions) is amended as follows.

5

• (1) Paragraph 1 (defendants to whom Part 1 applies) becomes sub-paragraph (1) of that paragraph.

• (2) In that sub-paragraph at the beginning insert “ Subject to sub-paragraph (2), ”.

• (3) After that sub-paragraph insert—

(2) But those provisions do not apply by virtue of sub-paragraph (1)(a) if the offence, or each of the offences punishable with imprisonment, is— (a) a summary offence; or (b) an offence mentioned in Schedule 2 to the Magistrates' Courts Act 1980 (offences for which the value involved is relevant to the mode of trial) in relation to which— (i) a determination has been made under section 22(2) of that Act (certain either way offences to be tried summarily if value involved is less than the relevant sum) that it is clear that the value does not exceed the relevant sum for the purposes of that section; or (ii) a determination has been made under section 9A(4) of this Act to the same effect.

6

After Part 1 insert—

(1) The following provisions of this Part apply to the defendant if— (a) the offence or one of the offences of which he is accused or convicted is punishable with imprisonment, but (b) Part 1 does not apply to him by virtue of paragraph 1(2) of that Part. (2) The defendant need not be granted bail if— (a) it appears to the court that, having been previously granted bail in criminal proceedings, he has failed to surrender to custody in accordance with his obligations under the grant of bail; and (b) the court believes, in view of that failure, that the defendant, if released on bail (whether subject to conditions or not) would fail to surrender to custody. (3) The defendant need not be granted bail if— (a) it appears to the court that the defendant was on bail in criminal proceedings on the date of the offence; and (b) the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not) would commit an offence while on bail. (4) The defendant need not be granted bail if the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would commit an offence while on bail by engaging in conduct that would, or would be likely to, cause— (a) physical or mental injury to any person other than the defendant; or (b) any person other than the defendant to fear physical or mental injury. (5) The defendant need not be granted bail if the court is satisfied that the defendant should be kept in custody for his own protection or, if he is a child or young person, for his own welfare. (6) The defendant need not be granted bail if he is in custody in pursuance of a sentence of a court or a sentence imposed by an officer under the Armed Forces Act 2006. (7) The defendant need not be granted bail if — (a) having been released on bail in or in connection with the proceedings for the offence, he has been arrested in pursuance of section 7 of this Act; and (b) the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not) would fail to surrender to custody, commit an offence while on bail or interfere with witnesses or otherwise obstruct the course of justice (whether in relation to himself or any other person). (8) The defendant need not be granted bail where the court is satisfied that it has not been practicable to obtain sufficient information for the purpose of taking the decisions required by this Part of this Schedule for want of time since the institution of the proceedings against him. (9) Paragraphs 6A to 6C of Part 1 (exception applicable to drug users in certain areas and related provisions) apply to a defendant to whom this Part applies as they apply to a defendant to whom that Part applies.

SCHEDULE 13

1

Schedule 3 to the Criminal Justice Act 2003 (c. 44) (allocation of cases triable either way, and sending cases to the Crown Court etc.) has effect subject to the following amendments.

2

In paragraph 2, in the paragraph set out in sub-paragraph (2), after “committed” insert “ for sentence ”.

3

In paragraph 6, for subsection (2)(c) of the section set out in that paragraph substitute—

(c) that if he is tried summarily and is convicted by the court, he may be committed for sentence to the Crown Court under section 3 or (if applicable) section 3A of the Powers of Criminal Courts (Sentencing) Act 2000 if the court is of such opinion as is mentioned in subsection (2) of the applicable section.

4

In paragraph 8, in sub-paragraph (2)(a) for “trial on indictment” substitute “ summary trial ”.

5

• (1) Paragraph 9 is amended as follows.

• (2) In sub-paragraph (3) after “(1A)” insert “ , (1B) ”.

• (3) After sub-paragraph (3) insert—

(4) In subsection (3) for “the said Act of 2000” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000 ”.

6

Paragraph 13 is omitted.

7

Paragraph 22 is omitted.

8

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9

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10

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SCHEDULE 14

Domestic service providers: extension of liability

1

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Non-UK service providers: restriction on institution of proceedings

2

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Exceptions for mere conduits

3

• (1) A service provider is not capable of being guilty of an offence under section 63 in respect of anything done in the course of providing so much of an information society service as consists in—

• (a) the provision of access to a communication network, or

• (b) the transmission in a communication network of information provided by a recipient of the service,

if the condition in sub-paragraph (2) is satisfied.

• (2) The condition is that the service provider does not—

• (a) initiate the transmission,

• (b) select the recipient of the transmission, or

• (c) select or modify the information contained in the transmission.

• (3) For the purposes of sub-paragraph (1)—

• (a) the provision of access to a communication network, and

• (b) the transmission of information in a communication network,

includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.

• (4) Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Exception for caching

4

• (1) This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.

• (2) The service provider is not capable of being guilty of an offence under section 63 in respect of the automatic, intermediate and temporary storage of information so provided, if—

• (a) the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and

• (b) the condition in sub-paragraph (3) is satisfied.

• (3) The condition is that the service provider—

• (a) does not modify the information,

• (b) complies with any conditions attached to having access to the information, and

• (c) (where sub-paragraph (4) applies) expeditiously removes the information or disables access to it.

• (4) This sub-paragraph applies if the service provider obtains actual knowledge that—

• (a) the information at the initial source of the transmission has been removed from the network,

• (b) access to it has been disabled, or

• (c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

Exception for hosting

5

• (1) A service provider is not capable of being guilty of an offence under section 63 in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service, if—

• (a) the service provider had no actual knowledge when the information was provided that it contained offending material, or

• (b) on obtaining actual knowledge that the information contained offending material, the service provider expeditiously removed the information or disabled access to it.

• (2) “Offending material” means material the possession of which constitutes an offence under section 63.

• (3) Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.

Interpretation

6

• (1) This paragraph applies for the purposes of this Schedule.

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

• (3) “Information society services”—

• (a) has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and

• (b) is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;

and “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).

• (4) “Recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible.

• (5) “Service provider” means a person providing an information society service.

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

SCHEDULE 15

Meeting a child following sexual grooming

1

In section 15(1) of the Sexual Offences Act 2003 (c. 42) (meeting a child following sexual grooming etc) for paragraphs (a) and (b) substitute—

(a) A has met or communicated with another person (B) on at least two occasions and subsequently— (i) A intentionally meets B, (ii) A travels with the intention of meeting B in any part of the world or arranges to meet B in any part of the world, or (iii) B travels with the intention of meeting A in any part of the world, (b) A intends to do anything to or in respect of B, during or after the meeting mentioned in paragraph (a)(i) to (iii) and in any part of the world, which if done will involve the commission by A of a relevant offence,

.

Adoption

2

The Sexual Offences Act 2003 (c. 42) has effect subject to the following amendments.

3

In section 27(1)(b) (family relationships) after “but for” insert “ section 39 of the Adoption Act 1976 or ”.

4

In section 29(1)(b) (sections 25 and 26: sexual relationships which pre-date family relationships) after “if” insert “ section 39 of the Adoption Act 1976 or ”.

5

• (1) Section 64 (sex with an adult relative: penetration) is amended as follows.

• (2) In subsection (1) after “(A)” insert “ (subject to subsection (3A)) ”.

• (3) In subsection (3) after “In subsection (2)—” insert—

(za) “parent” includes an adoptive parent; (zb) “child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;

.

• (4) After that subsection insert—

(3A) Where subsection (1) applies in a case where A is related to B as B's child by virtue of subsection (3)(zb), A does not commit an offence under this section unless A is 18 or over.

• (5) After subsection (5) insert—

(6) Nothing in— (a) section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or (b) section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date), is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3)(za) and (zb) above.

6

• (1) Section 65 (sex with an adult relative: consenting to penetration) is amended as follows.

• (2) In subsection (1) after “(A)” insert “ (subject to subsection (3A)) ”.

• (3) In subsection (3) after “In subsection (2)—” insert—

(za) “parent” includes an adoptive parent; (zb) “child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;

.

• (4) After that subsection insert—

(3A) Where subsection (1) applies in a case where A is related to B as B's child by virtue of subsection (3)(zb), A does not commit an offence under this section unless A is 18 or over.

• (5) After subsection (5) insert—

(6) Nothing in— (a) section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or (b) section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date), is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3)(za) and (zb) above.

7

In section 47(1) of the Adoption Act 1976 (c. 36) (disapplication of section 39 (status conferred by adoption) for the purposes of miscellaneous enactments) for “sections 10 and 11 (incest) of the Sexual Offences Act 1956” substitute “ or sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative) ”.

SCHEDULE 16

1

Part 3A of the Public Order Act 1986 (c. 64) (hatred against persons on religious grounds) has effect subject to the following amendments.

2

In the heading for Part 3A at the end insert “ or grounds of sexual orientation ”.

3

In the italic cross-heading before section 29A at the end insert “ and “hatred on the grounds of sexual orientation” .

4

After that section insert—

(29AB) In this Part “hatred on the grounds of sexual orientation” means hatred against a group of persons defined by reference to sexual orientation (whether towards persons of the same sex, the opposite sex or both).

5

In the italic cross-heading before section 29B at the end insert “ or hatred on the grounds of sexual orientation ”.

6

• (1) Section 29B (use of words or behaviour or display of written material) is amended as follows.

• (2) In subsection (1), after “religious hatred” insert “ or hatred on the grounds of sexual orientation ”.

• (3) Omit subsection (3).

7

In section 29C(1) (publishing or distributing written material), after “religious hatred” insert “ or hatred on the grounds of sexual orientation ”.

8

In section 29D(1) (public performance of play), after “religious hatred” insert “ or hatred on the grounds of sexual orientation ”.

9

In section 29E(1) (distributing, showing or playing a recording), after “religious hatred” insert “ or hatred on the grounds of sexual orientation ”.

10

In section 29F(1) (broadcasting or including programme in programme service), after “religious hatred” insert “ or hatred on the grounds of sexual orientation ”.

11

In section 29G(1) (possession of inflammatory material), for “religious hatred to be stirred up thereby” substitute “ thereby to stir up religious hatred or hatred on the grounds of sexual orientation ”.

12

• (1) Section 29H (powers of entry and search) is amended as follows.

• (2) In subsection (1), omit “in England and Wales”.

• (3) Omit subsection (2).

13

• (1) Section 29I (power to order forfeiture) is amended as follows.

• (2) In subsection (2)—

• (a) in paragraph (a), omit “in the case of an order made in proceedings in England and Wales,”; and

• (b) omit paragraph (b).

• (3) Omit subsection (4).

14

After section 29J insert—

(29JA) In this Part, for the avoidance of doubt, the discussion or criticism of sexual conduct or practices or the urging of persons to refrain from or modify such conduct or practices shall not be taken of itself to be threatening or intended to stir up hatred.

15

In section 29K(1) (savings for reports of parliamentary or judicial proceedings), for “or in the Scottish Parliament” substitute “ , in the Scottish Parliament or in the National Assembly for Wales ”.

16

• (1) Section 29L (procedure and punishment) is amended as follows.

• (2) In subsections (1) and (2), omit “in England and Wales”.

• (3) In subsection (3), in paragraph (b), for “six months” substitute “ 12 months ”.

• (4) After that subsection insert—

(4) In subsection (3)(b) the reference to 12 months shall be read as a reference to 6 months in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003.

17

In section 29N (interpretation), after the definition of “dwelling” insert—

“hatred on the grounds of sexual orientation” has the meaning given by section 29AB;

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SCHEDULE 17

Part 1 — Amendments of Nuclear Material (Offences) Act 1983

1

The Nuclear Material (Offences) Act 1983 (c. 18) has effect subject to the following amendments.

2

• (1) Section 1 (extended scope of certain offences) is amended as follows.

• (2) In subsection (1)(b) (offences under certain enactments) for “section 78 of the Criminal Justice (Scotland) Act 1980” substitute “ section 52 of the Criminal Law (Consolidation) (Scotland) Act 1995 ”.

• (3) After subsection (1) insert—

(1A) If— (a) a person, whatever his nationality, does outside the United Kingdom an act directed at a nuclear facility, or which interferes with the operation of such a facility, (b) the act causes death, injury or damage resulting from the emission of ionising radiation or the release of radioactive material, and (c) had he done that act in any part of the United Kingdom, it would have made him guilty of an offence mentioned in subsection (1)(a) or (b) above, the person shall in any part of the United Kingdom be guilty of such of the offences mentioned in subsection (1)(a) and (b) as are offences of which the act would have made him guilty had he done it in that part of the United Kingdom.

• (4) Omit subsection (2) (definition of “act”).

3

After section 1 insert—

(1A) (1) If— (a) a person is guilty of an offence to which subsection (2), (3) or (4) applies, and (b) the penalty provided by this subsection would not otherwise apply, the person shall be liable, on conviction on indictment, to imprisonment for life. (2) This subsection applies to an offence mentioned in section 1(1)(a) or (b) where the act making the person guilty of the offence was done in England and Wales or Northern Ireland and either— (a) the act was done in relation to or by means of nuclear material, or (b) the act— (i) was directed at a nuclear facility, or interfered with the operation of such a facility, and (ii) caused death, injury or damage resulting from the emission of ionising radiation or the release of radioactive material. (3) This subsection applies to an offence mentioned in section 1(1)(c) or (d) where the act making the person guilty of the offence— (a) was done in England and Wales or Northern Ireland, and (b) was done in relation to or by means of nuclear material. (4) This subsection applies to an offence mentioned in section 1(1)(a) to (d) where the offence is an offence in England and Wales or Northern Ireland by virtue of section 1(1) or (1A). (1B) (1) If a person, whatever his nationality, in the United Kingdom or elsewhere contravenes subsection (2) or (3) he is guilty of an offence. (2) A person contravenes this subsection if without lawful authority— (a) he receives, holds or deals with nuclear material, and (b) he does so either— (i) intending to cause, or for the purpose of enabling another to cause, damage to the environment by means of that material, or (ii) being reckless as to whether, as a result of his so receiving, holding or dealing with that material, damage would be caused to the environment by means of that material. (3) A person contravenes this subsection if without lawful authority— (a) he does an act directed at a nuclear facility, or which interferes with the operation of such a facility, and (b) he does so either— (i) intending to cause, or for the purpose of enabling another to cause, damage to the environment by means of the emission of ionising radiation or the release of radioactive material, or (ii) being reckless as to whether, as a result of his act, damage would be caused to the environment by means of such an emission or release. (4) A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for life. (1C) (1) If a person, whatever his nationality, outside the United Kingdom contravenes subsection (2) below he shall be guilty of an offence. (2) A person contravenes this subsection if he is knowingly concerned in— (a) the unlawful export or shipment as stores of nuclear material from one country to another, or (b) the unlawful import of nuclear material into one country from another. (3) For the purposes of subsection (2)— (a) the export or shipment as stores of nuclear material from a country, or (b) the import of nuclear material into a country, is unlawful if it is contrary to any prohibition or restriction on the export, shipment as stores or import (as the case may be) of nuclear material having effect under or by virtue of the law of that country. (4) A statement in a certificate issued by or on behalf of the government of a country outside the United Kingdom to the effect that a particular export, shipment as stores or import of nuclear material is contrary to such a prohibition or restriction having effect under or by virtue of the law of that country, shall be evidence (in Scotland, sufficient evidence) that the export, shipment or import was unlawful for the purposes of subsection (2). (5) In any proceedings a document purporting to be a certificate of the kind mentioned in subsection (4) above shall be taken to be such a certificate unless the contrary is proved. (6) A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years. (7) In this section “country” includes territory. (1D) (1) Where the Commissioners for Her Majesty's Revenue and Customs investigate, or propose to investigate, any matter with a view to determining— (a) whether there are grounds for believing that an offence under section 1C above has been committed, or (b) whether a person should be prosecuted for such an offence, the matter is to be treated as an assigned matter within the meaning of CEMA 1979 (see section 1(1) of that Act). (2) Section 138 of CEMA 1979 (provisions as to arrest of persons) applies to a person who has committed, or whom there are reasonable grounds to suspect of having committed, an offence under section 1C above as it applies to a person who has committed, or whom there are reasonable grounds to suspect of having committed, an offence for which he is liable to be arrested under the customs and excise Acts. (3) Sections 145 to 148 and 150 to 155 of CEMA 1979 (provisions as to legal proceedings) apply in relation to an offence under section 1C above, and to the penalty and proceedings for the offence, as they apply in relation to offences, penalties and proceedings under the customs and excise Acts. (4) In this section— - “CEMA 1979” means the Customs and Excise Management Act 1979; - “the customs and excise Acts”, “shipment” and “stores” have the same meanings as in CEMA 1979 (see section 1(1) of that Act).

4

For section 2 substitute—

(2) (1) If a person, whatever his nationality, in the United Kingdom or elsewhere contravenes subsection (2), (3), (4) or (7) he shall be guilty of an offence. (2) A person contravenes this subsection if without lawful authority— (a) he receives, holds or deals with nuclear material, and (b) he does so either— (i) intending to cause, or for the purpose of enabling another to cause, relevant injury or damage by means of that material, or (ii) being reckless as to whether, as a result of his so receiving, holding or dealing with that material, relevant injury or damage would be caused by means of that material. (3) A person contravenes this subsection if without lawful authority— (a) he does an act directed at a nuclear facility, or which interferes with the operation of such a facility, and (b) he does so either— (i) intending to cause, or for the purpose of enabling another to cause, relevant injury or damage by means of the emission of ionising radiation or the release of radioactive material, or (ii) being reckless as to whether, as a result of his act, relevant injury or damage would be caused by means of such an emission or release. (4) A person contravenes this subsection if he— (a) makes a threat of a kind falling within subsection (5), and (b) intends that the person to whom the threat is made shall fear that it will be carried out. (5) A threat falls within this subsection if it is a threat that the person making it or any other person will cause any of the consequences set out in subsection (6) either— (a) by means of nuclear material, or (b) by means of the emission of ionising radiation or the release of radioactive material resulting from an act which is directed at a nuclear facility, or which interferes with the operation of such a facility. (6) The consequences mentioned in subsection (5) are— (a) relevant injury or damage, or (b) damage to the environment. (7) A person contravenes this subsection if, in order to compel a State, international organisation or person to do, or abstain from doing, any act, he threatens that he or any other person will obtain nuclear material by an act which, whether by virtue of section 1(1) above or otherwise, is an offence mentioned in section 1(1)(c) above. (8) A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for life. (9) In this section references to relevant injury or damage are references to death or to injury or damage of a type which constitutes an element of any offence mentioned in section 1(1)(a) or (b) above. (2A) (1) If a person, whatever his nationality— (a) does an act outside the United Kingdom, and (b) his act, if done in any part of the United Kingdom, would constitute an offence falling within subsection (2), he shall be guilty in that part of the United Kingdom of the offence. (2) The offences are— (a) attempting to commit a nuclear offence; (b) conspiring to commit a nuclear offence; (c) inciting the commission of a nuclear offence; (d) aiding, abetting, counselling or procuring the commission of a nuclear offence. (3) In subsection (2) a “nuclear offence” means any of the following (wherever committed)— (a) an offence mentioned in section 1(1)(a) to (d) above (other than a blackmail offence), the commission of which is (or would have been) in relation to or by means of nuclear material; (b) an offence mentioned in section 1(1)(a) or (b) above, the commission of which involves (or would have involved) an act— (i) directed at a nuclear facility, or which interferes with the operation of such a facility, and (ii) which causes death, injury or damage resulting from the emission of ionising radiation or the release of radioactive material; (c) an offence under section 1B, 1C or 2(1) and (2) or (3) above; (d) an offence under section 50(2) or (3), 68(2) or 170(1) or (2) of the Customs and Excise Management Act 1979 the commission of which is (or would have been) in connection with a prohibition or restriction relating to the exportation, shipment as stores or importation of nuclear material; (e) for the purposes of subsection (2)(b) to (d)— (i) a blackmail offence, the commission of which is in relation to or by means of nuclear material; (ii) an offence under section 2(1) and (4) or (7) above; (iii) an offence of attempting to commit an offence mentioned in paragraphs (a) to (d). (4) In subsection (3) “a blackmail offence” means— (a) an offence under section 21 of the Theft Act 1968, (b) an offence under section 20 of the Theft Act (Northern Ireland) 1969, or (c) an offence of extortion. (5) In subsection (2)(c) the reference to incitement is— (a) a reference to incitement under the law of Scotland, or (b) in relation to any time before the coming into force of Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to England and Wales or Northern Ireland, a reference to incitement under the common law of England and Wales or (as the case may be) of Northern Ireland.

5

After section 3 (supplemental) insert—

(3A) (1) Nothing in this Act applies in relation to acts done by the armed forces of a country or territory— (a) in the course of an armed conflict, or (b) in the discharge of their functions. (2) If in any proceedings a question arises whether an act done by the armed forces of a country or territory was an act falling within subsection (1), a certificate issued by or under the authority of the Secretary of State and stating that it was, or was not, such an act shall be conclusive of that question. (3) In any proceedings a document purporting to be such a certificate as is mentioned in subsection (2) shall be taken to be such a certificate unless the contrary is proved.

6

• (1) Section 6 (material to which the Act applies) is amended as follows.

• (2) Before subsection (1) insert—

(A1) This section applies for the purposes of this Act.

• (3) In subsection (1), omit “in this Act”.

• (4) After subsection (1) insert—

(1A) “A nuclear facility” means a facility (including associated buildings and equipment) used for peaceful purposes in which nuclear material is produced, processed, used, handled, stored or disposed of. (1B) For the purposes of subsections (1) and (1A)— (a) nuclear material is not used for peaceful purposes if it is used or retained for military purposes, and (b) a facility is not used for peaceful purposes if it contains any nuclear material which is used or retained for military purposes.

• (5) In subsection (2) (question whether or not nuclear material used for peaceful purposes to be determined conclusively by certificate of Secretary of State to that effect) after “material” insert “ or facility ”.

• (6) For subsection (5) substitute—

(5) “Act” includes omission. (6) “The Convention” means the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (formerly the Convention on the Physical Protection of Nuclear Material and renamed by virtue of the Amendment adopted at Vienna on 8th July 2005). (7) “The environment” includes land, air and water and living organisms supported by any of those media. (8) “Radioactive material” means nuclear material or any other radioactive substance which— (a) contains nuclides that undergo spontaneous disintegration in a process accompanied by the emission of one or more types of ionising radiation, such as alpha radiation, beta radiation, neutron particles or gamma rays, and (b) is capable, owing to its radiological or fissile properties, of— (i) causing bodily injury to a person, (ii) causing damage or destruction to property, (iii) endangering a person's life, or (iv) causing damage to the environment.

• (7) For the sidenote, substitute “ Interpretation ”.

7

In section 7 (application to the Channel Islands, Isle of Man etc.) in subsection (2), for “any colony” substitute “ any British overseas territory ”.

Part 2 — Amendments of Customs and Excise Management Act 1979

8

• (1) The Customs and Excise Management Act 1979 (c. 2) is amended as follows.

• (2) In section 1 (interpretation) in subsection (1) insert at the appropriate place—

“nuclear material” has the same meaning as in the Nuclear Material (Offences) Act 1983 (see section 6 of that Act);

.

• (3) In section 50 (penalty for improper importation of goods)—

• (a) in subsection (4) (penalty for offence) for “or (5B)” substitute “ , (5B) or (5C) ”;

• (b) after subsection (5B) insert—

(5C) In the case of an offence under subsection (2) or (3) above in connection with a prohibition or restriction relating to the importation of nuclear material, subsection (4)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 14 years ”.

• (4) In section 68 (offences in relation to exportation of prohibited or restricted goods)—

• (a) in subsection (3) (penalty for offence) for “or (4A)” substitute “ , (4A) or (4B) ”;

• (b) after subsection (4A) insert—

(4B) In the case of an offence under subsection (2) above in connection with a prohibition or restriction relating to the exportation or shipment as stores of nuclear material, subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 14 years ”.

• (5) In section 170 (penalty for fraudulent evasion of duty, etc.)—

• (a) in subsection (3) (penalty for offence) for “or (4B)” substitute “ , (4B) or (4C) ”;

• (b) after subsection (4B) insert—

(4C) In the case of an offence under subsection (1) or (2) above in connection with a prohibition or restriction relating to the importation, exportation or shipment as stores of nuclear material, subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 14 years ”.

9

• (1) Her Majesty may by Order in Council provide for any provisions of section 1, 50, 68 or 170 of the Customs and Excise Management Act 1979 (c. 2) as amended by paragraph 8 to extend, with or without modifications, to any of the Channel Islands or any British overseas territory.

• (2) Section 147(2) applies in relation to an Order in Council under sub-paragraph (1) as it applies in relation to an order made by the Secretary of State.

SCHEDULE 18

Person residing in England and Wales

1

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Person residing in Northern Ireland

2

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

Person having property etc. in England and Wales

3

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Person having property etc. in Northern Ireland

4

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Person having property etc. in England and Wales and Northern Ireland

5

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Person having property etc. in England and Wales and Scotland

6

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Person having property etc. in Northern Ireland and Scotland

7

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Person having property etc. in England and Wales, Scotland and Northern Ireland

8

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Interpretation

9

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SCHEDULE 19

Part 1 — The grounds for refusal

1

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2

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3

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4

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5

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6

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7

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Part 2 — European framework list (financial penalties)

8

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9

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10

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11

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12

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13

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14

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17

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18

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19

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20

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21

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22

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23

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24

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25

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26

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27

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28

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29

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30

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31

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32

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33

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34

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35

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36

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37

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38

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39

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40

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41

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42

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43

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44

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45

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46

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Part 3 — Interpretation

47

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SCHEDULE 20

After Part 1 of the Anti-social Behaviour Act 2003 (c. 38) (premises where drugs used unlawfully) insert the following Part.

SCHEDULE 21

Offence of causing nuisance or disturbance on HSS premises

1

• (1) A person commits an offence if—

• (a) the person causes, without reasonable excuse and while on HSS premises, a nuisance or disturbance to an HSS staff member who is working there or is otherwise there in connection with work,

• (b) the person refuses, without reasonable excuse, to leave the HSS premises when asked to do so by a constable or an HSS staff member, and

• (c) the person is not on the HSS premises for the purpose of obtaining medical advice, treatment or care for himself or herself.

• (2) A person who commits an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (3) For the purposes of this paragraph—

• (a) a person ceases to be on HSS premises for the purpose of obtaining medical advice, treatment or care for himself or herself once the person has received the advice, treatment or care, and

• (b) a person is not on HSS premises for the purpose of obtaining medical advice, treatment or care for himself or herself if the person has been refused the advice, treatment or care during the last 8 hours.

• (4) In this paragraph—

• “hospital grounds” means land in the vicinity of a hospital and associated with it,

• “HSS premises” means—any hospital vested in, or managed by, an HSS trust,any building or other structure, or vehicle, associated with the hospital and situated on hospital grounds (whether or not vested in, or managed by, an HSS trust), andthe hospital grounds,

• “HSS staff member” means a person employed by an HSS trust or otherwise working for it (whether as or on behalf of a contractor, as a volunteer or otherwise),

• “HSS trust” means a Health and Social Services trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)), and

• “vehicle” includes an air ambulance.

Power to remove person causing nuisance or disturbance

2

• (1) If a constable reasonably suspects that a person is committing or has committed an offence under paragraph 1, the constable may remove the person from the HSS premises concerned.

• (2) If an authorised officer reasonably suspects that a person is committing or has committed an offence under paragraph 1, the authorised officer may—

• (a) remove the person from the HSS premises concerned, or

• (b) authorise an HSS staff member to do so.

• (3) Any person removing another person from HSS premises under this paragraph may use reasonable force (if necessary).

• (4) An authorised officer cannot remove a person under this paragraph or authorise another person to do so if the authorised officer has reason to believe that—

• (a) the person to be removed requires medical advice, treatment or care for himself or herself, or

• (b) the removal of the person would endanger the person's physical or mental health.

• (5) In this paragraph—

• “authorised officer” means any HSS staff member authorised by an HSS trust to exercise the powers conferred on an authorised officer by this paragraph, and

• “HSS premises”, “HSS staff member” and “HSS trust” have the same meaning as in paragraph 1.

Guidance about the power to remove etc.

3

• (1) The Department of Health, Social Services and Public Safety may from time to time prepare and publish guidance to HSS trusts and authorised officers about the powers in paragraph 2.

• (2) Such guidance may, in particular, relate to—

• (a) the authorisation by HSS trusts of authorised officers,

• (b) the authorisation by authorised officers of HSS staff members to remove persons under paragraph 2,

• (c) training requirements for authorised officers and HSS staff members authorised by them to remove persons under paragraph 2,

• (d) matters that may be relevant to a consideration by authorised officers for the purposes of paragraph 2 of whether offences are being, or have been, committed under paragraph 1,

• (e) matters to be taken into account by authorised officers in deciding whether there is reason to believe that a person requires medical advice, treatment or care for himself or herself or that the removal of a person would endanger the person's physical or mental health,

• (f) the procedure to be followed by authorised officers or persons authorised by them before using the power of removal in paragraph 2,

• (g) the degree of force that it may be appropriate for authorised officers or persons authorised by them to use in particular circumstances,

• (h) arrangements for ensuring that persons on HSS premises are aware of the offence in paragraph 1 and the powers of removal in paragraph 2, or

• (i) the keeping of records.

• (3) Before publishing guidance under this paragraph, the Department of Health, Social Services and Public Safety must consult such persons as the Department considers appropriate.

• (4) An HSS trust and an authorised officer must have regard to any guidance published under this paragraph when exercising functions under, or in connection with, paragraph 2.

• (5) In this paragraph—

• “authorised officer” has the same meaning as in paragraph 2, and

• “HSS premises”, “HSS staff member” and “HSS trust” have the same meaning as in paragraph 1.

SCHEDULE 22

Part 1 — Amendments of Police Act 1996

1

The Police Act 1996 (c. 16) has effect subject to the following amendments.

General duty of Secretary of State

2

In section 36(2)(d) (general duty of Secretary of State) for “section 85” substitute “ sections 84 and 85 ”.

Regulations for police forces

3

• (1) Section 50 (regulations for police forces) is amended as follows.

• (2) For subsection (3) substitute—

(3) Without prejudice to the powers conferred by this section, regulations under this section shall— (a) establish, or (b) make provision for the establishment of, procedures for the taking of disciplinary proceedings in respect of the conduct, efficiency and effectiveness of members of police forces, including procedures for cases in which such persons may be dealt with by dismissal.

• (3) In subsection (4) omit “, subject to subsection (3)(b),”.

Regulations for special constables

4

• (1) Section 51 (regulations for special constables) is amended as follows.

• (2) In subsection (2)(ba) (conduct of special constables) after “conduct” insert “ , efficiency and effectiveness ”.

• (3) After subsection (2) insert—

(2A) Without prejudice to the powers conferred by this section, regulations under this section shall— (a) establish, or (b) make provision for the establishment of, procedures for the taking of disciplinary proceedings in respect of the conduct, efficiency and effectiveness of special constables, including procedures for cases in which such persons may be dealt with by dismissal.

Police Federations

5

In section 59(3) (representation only by another member of a police force except in certain circumstances) for “provided by” substitute “ provided in regulations made in accordance with ”.

Police Advisory Board

6

• (1) Section 63(3) (supply of draft regulations to the Police Advisory Board) is amended as follows.

• (2) In paragraph (a), for “regulations under section 50 or 52” substitute “ regulations or rules under section 50, 52, 84 or 85 ”.

• (3) After “a draft of the regulations” insert “ or rules ”.

Representation at disciplinary and other proceedings

7

For section 84 substitute—

(84) (1) The Secretary of State shall by regulations make provision for or in connection with— (a) enabling the officer concerned or a relevant authority to be represented in proceedings conducted under regulations made in pursuance of section 50(3) or section 51(2A); (b) enabling the panel conducting such proceedings to receive advice from a relevant lawyer or another person falling within any prescribed description of persons. (2) Regulations under this section may in particular make provision— (a) specifying the circumstances in which the officer concerned or a relevant authority is entitled to be legally represented (by a relevant lawyer); (b) specifying the circumstances in which the officer concerned or a relevant authority is entitled to be represented by a person (other than a relevant lawyer) who falls within any prescribed description of persons; (c) for securing that— (i) a relevant authority may be legally represented, and (ii) the panel conducting the proceedings may receive advice from a relevant lawyer, whether or not the officer concerned is legally represented. (3) Without prejudice to the powers conferred by this section, regulations under this section shall, in relation to cases where the officer concerned is entitled to legal or other representation, make provision— (a) for securing that the officer is notified of his right to such representation; (b) specifying when the officer is to be so notified; (c) for securing that proceedings at which the officer may be dismissed are not to take place unless the officer has been notified of his right to such representation. (4) In this section— - “the officer concerned”, in relation to proceedings within subsection (1)(a), means the member of a police force or special constable to whom the proceedings relate; - “the panel”, in relation to proceedings within subsection (1)(a), means the panel of persons, or the person, prescribed for the purpose of conducting the proceedings; - “prescribed” means prescribed by regulations under this section; - “relevant authority” means— 1. where the officer concerned is a member of a police force (other than a senior officer), or a special constable, the chief officer of police of the police force of which the officer is a member, or for which the officer is appointed as a special constable; 2. where the officer concerned is a senior officer, the police authority for the police force of which the officer is a member; - “relevant lawyer” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act); - “senior officer” means a member of a police force holding a rank above that of chief superintendent. (5) But in prescribed circumstances “relevant authority” also includes the Independent Police Complaints Commission. (6) Regulations under this section may make different provision for different cases and circumstances. (7) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (8) Subsection (7) does not apply to a statutory instrument containing (whether alone or with other provision) any regulations under this section coming into force at a time that is the earliest time at which any regulations under this section are to come into force since the commencement of paragraph 7 of Schedule 22 to the Criminal Justice and Immigration Act 2008. (9) A statutory instrument within subsection (8) may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

Appeals against dismissal etc.

8

• (1) Section 85 (appeals against dismissal etc.) is amended as follows.

• (2) For subsections (1) and (2) substitute—

(1) The Secretary of State shall by rules make provision specifying the cases in which a member of a police force or a special constable may appeal to a police appeals tribunal. (2) A police appeals tribunal may, on the determination of an appeal under this section, make an order dealing with the appellant in any way in which he could have been dealt with by the person who made the decision appealed against.

• (3) For subsection (4) substitute—

(4) Rules made under this section may, in particular, make provision— (a) for enabling a police appeals tribunal, in such circumstances as are specified in the rules, to determine a case without a hearing; (b) for the appellant or the respondent to be entitled, in a case where there is a hearing, to be represented— (i) by a relevant lawyer within the meaning of section 84, or (ii) by a person who falls within any description of persons prescribed by the rules; (c) for enabling a police appeals tribunal to require any person to attend a hearing to give evidence or to produce documents, and rules made in pursuance of paragraph (c) may apply subsections (2) and (3) of section 250 of the Local Government Act 1972 with such modifications as may be set out in the rules. (4A) Rules under this section may make different provision for different cases and circumstances.

• (4) For subsection (5) substitute—

(5) A statutory instrument containing rules under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5A) Subsection (5) does not apply to a statutory instrument containing (whether alone or with other provision) the first rules made under this section after the commencement of paragraph 8 of Schedule 22 to the Criminal Justice and Immigration Act 2008: such an instrument may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

Guidance concerning disciplinary proceedings etc.

9

• (1) Section 87 (guidance concerning disciplinary proceedings etc.) is amended as follows.

• (2) For subsection (1) substitute—

(1) The Secretary of State may issue relevant guidance to— (a) police authorities, (b) chief officers of police, (c) other members of police forces, (d) special constables, and (e) persons employed by a police authority who are under the direction and control of the chief officer of police of the police force maintained by that authority. (1ZA) “Relevant guidance” is guidance as to the discharge of functions under regulations under section 50 or 51 in relation to the matters mentioned in section 50(2)(e) or 51(2)(ba).

• (3) In subsection (1A), after “section 50” insert “ or 51 ”.

• (4) In subsection (5), after “section 50” insert “ or 51 ”.

Police officers engaged on service outside their force

10

• (1) Section 97 (police officers engaged on service outside their force) is amended as follows.

• (2) In subsection (6)—

• (a) in paragraph (b), omit “or is required to resign as an alternative to dismissal”;

• (b) in paragraph (c), omit “or is required to resign as an alternative to dismissal”.

• (3) In subsection (7), omit “, or required to resign as an alternative to dismissal,”.

Police Appeals Tribunals

11

• (1) Schedule 6 (appeals to police appeals tribunals) is amended as follows.

• (2) In paragraph 1(1) (appeals by senior officers) for paragraphs (b) and (c) substitute—

(b) one shall be Her Majesty's Chief Inspector of Constabulary appointed under section 54(1) or one of Her Majesty's Inspectors of Constabulary nominated by the Chief Inspector, and (c) one shall be the permanent secretary to the Home Office or a Home Office director nominated by the permanent secretary.

• (3) In paragraph 2 (appeals by other members of police forces) for sub-paragraph (1) substitute—

(1) In the case of an appeal by a member of a police force (other than a senior officer) or a special constable, the police appeals tribunal shall consist of four members appointed by the relevant police authority, of whom— (a) one shall be a person chosen from the list referred to in paragraph 1(1)(a), (b) one shall be a senior officer, (c) one shall be a member of the relevant police authority, and (d) one shall be a retired member of a police force who, at the time of his retirement, was a member of an appropriate staff association.

• (4) Omit paragraph 6 (hearings).

• (5) In paragraph 7 (effect of orders) for sub-paragraph (1) substitute—

(1) Where on the determination of an appeal the tribunal makes such an order as is mentioned in section 85(2), the order shall take effect— (a) by way of substitution for the decision appealed against, and (b) as from the date of that decision.

• (6) In paragraph 10 (interpretation)—

• (a) for sub-paragraph (b) substitute—

(b) “the relevant police authority” means the police authority which maintains— (i) the police force of which the appellant is a member, or (ii) the police force for the area for which the appellant is appointed as a special constable, as the case may be.

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

Part 2 — Amendments of Ministry of Defence Police Act 1987

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The Ministry of Defence Police Act 1987 (c. 4) has effect subject to the following amendments.

Defence Police Federation

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In section 3(4) (representation of a member of the Ministry of Defence Police by the Federation) for “on an appeal to the Secretary of State or as provided by” substitute “ as provided in regulations made under ”.

Regulations relating to disciplinary matters

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• (1) Section 3A (regulations relating to disciplinary matters) is amended as follows.

• (2) For subsection (1) substitute—

(1) The Secretary of State may make regulations with respect to— (a) the conduct of members of the Ministry of Defence Police and the maintenance of discipline; (b) the suspension from duty of members of the Ministry of Defence Police. (1A) Without prejudice to the powers conferred by subsection (1), regulations under this section shall— (a) establish, or (b) make provision for the establishment of, procedures for the taking of disciplinary proceedings in respect of the conduct of members of the Ministry of Defence Police, including procedures for cases in which such persons may be dealt with by dismissal.

• (3) For subsection (2) substitute—

(2) The regulations may provide for decisions which would otherwise fall to be taken by the Secretary of State or the chief constable of the Ministry of Defence Police to be taken instead by— (a) a person appointed in accordance with the regulations; or (b) the Ministry of Defence Police Committee.

Representation etc. at disciplinary proceedings

15

For section 4 substitute—

(4) (1) The Secretary of State shall by regulations make provision for or in connection with— (a) enabling the officer concerned or the relevant authority to be represented in proceedings conducted under regulations made in pursuance of section 3A; (b) enabling the panel conducting such proceedings to receive advice from a relevant lawyer or another person falling within any prescribed description of persons. (2) Regulations under this section may in particular make provision— (a) specifying the circumstances in which the officer concerned or the relevant authority is entitled to be represented by a relevant lawyer; (b) specifying the circumstances in which the officer concerned or the relevant authority is entitled to be represented by a person (other than a relevant lawyer) who falls within any prescribed description of persons; (c) for securing that— (i) the relevant authority may be legally represented, and (ii) the panel conducting the proceedings may receive advice from a relevant lawyer, whether or not the officer concerned is legally represented. (3) Without prejudice to the powers conferred by this section, regulations under this section shall, in relation to cases where the officer concerned is entitled to legal or other representation, make provision— (a) for securing that the officer is notified of his right to such representation; (b) specifying when the officer is to be so notified; (c) for securing that proceedings at which the officer may be dismissed are not to take place unless the officer has been notified of his right to such representation. (4) In this section— - “the officer concerned”, in relation to proceedings within subsection (1)(a), means the member of the Ministry of Defence Police to whom the proceedings relate; - “the panel”, in relation to proceedings within subsection (1)(a), means the panel of persons, or the person, prescribed for the purpose of conducting the proceedings; - “prescribed” means prescribed by regulations under this section; - “relevant authority” means— 1. where the officer concerned is a member of the Ministry of Defence Police (other than a senior officer), the chief constable for the Ministry of Defence Police; 2. where the officer concerned is a senior officer, the Ministry of Defence Police Committee; - “relevant lawyer” means— 1. in relation to England and Wales, a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act), and 2. in relation to Scotland or Northern Ireland, counsel or a solicitor; - “senior officer” means a member of the Ministry of Defence Police holding a rank above that of chief superintendent. (5) But in prescribed circumstances “relevant authority” also includes— (a) in relation to England and Wales, the Independent Police Complaints Commission; (b) in relation to Scotland, the Police Complaints Commissioner for Scotland; (c) in relation to Northern Ireland, the Police Ombudsman for Northern Ireland. (6) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) Subsection (6) does not apply to a statutory instrument containing (whether alone or with other provision) any regulations under this section coming into force at a time that is the earliest time at which any regulations under this section are to come into force since the commencement of paragraph 15 of Schedule 22 to the Criminal Justice and Immigration Act 2008. (8) A statutory instrument within subsection (7) may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

Appeals against dismissal etc.

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For section 4A substitute—