Policing and Crime Act 2009

(132) (1) This section applies if— (a) a person who is serving a sentence of imprisonment or another form of detention in the United Kingdom is extradited to a category 2 territory in accordance with this Part; (b) the person is returned to the United Kingdom to serve the remainder of the sentence or the person otherwise returns to the United Kingdom. (2) Time during which the person was outside the United Kingdom as a result of the extradition does not count as time served by the person as part of the sentence. (3) But subsection (2) does not apply if— (a) the person was extradited for the purpose of being prosecuted for an offence, and (b) the person has not been convicted of the offence or of any other offence in respect of which the person was permitted to be dealt with in the category 2 territory. (4) In a case falling within subsection (3), time during which the person was outside the United Kingdom as a result of the extradition counts as time served by the person as part of the sentence if (and only if) it was spent in custody in connection with the offence or any other offence in respect of which the person was permitted to be dealt with in the territory. (5) In a case where the person is not entitled to be released from detention pursuant to the sentence— (a) the person is liable to be detained in pursuance of the sentence, and (b) if at large, the person must be treated as being unlawfully at large. (6) In a case where the person is entitled to be released from detention on licence pursuant to the sentence— (a) if the person was released on licence at the time of extradition, the licence is suspended until the person's return, (b) if the person was not released on licence at that time, subsections (7) to (10) apply in relation to the person (“the offender”). (7) The offender is liable to be detained, on return, in any place in which the offender could have been detained pursuant to the sentence before the time of extradition. (8) A constable or immigration officer may— (a) take the offender into custody, and (b) convey the offender to the place mentioned in subsection (7). (9) The offender must be released on licence within the period of 5 days beginning when the offender is taken (or retaken) into custody under this section. (10) In calculating a period of 5 days for the purposes of subsection (9) no account is to be taken of any day mentioned in any of paragraphs (a) to (d) of section 59(10). (11) A person is entitled to be released from detention if there is— (a) a duty to release the person under section 33(1), (1A) or (2) of the Criminal Justice Act 1991, (b) a duty to release the person under section 244 of the Criminal Justice Act 2003 (other than temporarily on licence pursuant to an intermittent custody order under section 183(1)(b) of the Criminal Justice Act 2003), (c) a duty to release the person under section 1, 1AA or 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 or section 5, 11(2), 13, 19 or 23 of the Custodial Sentences and Weapons (Scotland) Act 2007, or (d) a duty to release the person under section 1 of the Northern Ireland (Remission of Sentences) Act 1995, Article 26 of the Criminal Justice (Northern Ireland) Order 1996 or Article 17 or 18(8) of the Criminal Justice (Northern Ireland) Order 2008. (12) The powers conferred on a constable by subsection (8) are exercisable in any part of the United Kingdom. (13) An immigration officer is a person who is an immigration officer within the meaning of the Immigration Act 1971.

Extradition to UK

Return to extraditing territory etc

74

• (1) The Extradition Act 2003 (c. 41) is amended as follows.

• (2) Omit sections 143 (undertaking in relation to person serving sentence) and 144 (return to extraditing territory to serve sentence).

• (3) After section 153 insert—

(153A) (1) This section applies if— (a) a person is accused in the United Kingdom of the commission of an offence or has been convicted of an offence by or before a court in the United Kingdom; (b) a Part 3 warrant is issued in respect of the person or the Secretary of State makes a request for the extradition of the person; (c) the person is serving a sentence of imprisonment or another form of detention in a territory; (d) the person's extradition to the United Kingdom from the territory in pursuance of the warrant or request is made subject to a condition that an undertaking is given by or on behalf of the United Kingdom with regard to the person's treatment in the United Kingdom or return to the territory (or both). (2) The Secretary of State may give an undertaking to a person acting on behalf of the territory with regard to either or both of these things— (a) the treatment in the United Kingdom of the person in respect of whom the warrant is issued or the request for extradition is made; (b) the return of that person to the territory. (3) The terms which may be included by the Secretary of State in an undertaking given under subsection (2) in relation to a person accused in the United Kingdom of the commission of an offence include terms— (a) that the person be kept in custody until the conclusion of the proceedings against the person for the offence and any other offence in respect of which the person is permitted to be dealt with in the United Kingdom; (b) that the person be returned to the territory to serve the remainder of the sentence on the conclusion of those proceedings. (4) The terms which may be included by the Secretary of State in an undertaking given under subsection (2) in relation to a person who has been convicted of an offence by or before a court in the United Kingdom include terms that the person be returned to the territory to serve the remainder of the sentence after the person would otherwise be released from detention pursuant to the sentence imposed in the United Kingdom (whether or not on licence). (5) If a person is to be returned to a territory by virtue of an undertaking given under subsection (2), the undertaking is sufficient authority for a constable— (a) to remove the person from any prison or other institution where the person is detained; (b) to keep the person in custody until returned; (c) to convey the person to the territory. (153B) (1) This section applies if— (a) an undertaking is given under section 153A(2) as to the return of a person to a territory; (b) the person is returned to the territory in pursuance of the undertaking; (c) the person is returned to the United Kingdom to serve the remainder of any sentence imposed in the United Kingdom or the person otherwise returns to the United Kingdom. (2) Time during which the person was outside the United Kingdom as a result of the undertaking given under section 153A(2) does not count as time served by the person as part of the sentence. (3) If the person is not entitled to be released from detention pursuant to the sentence— (a) the person is liable to be detained in pursuance of the sentence, and (b) if at large, the person must be treated as being unlawfully at large. (4) If the person is entitled to be released from detention on licence pursuant to the sentence— (a) if the person was released on licence at the time of return to the territory, the licence is suspended until the person's return to the United Kingdom; (b) if the person was not released on licence at that time, subsections (5) to (8) apply in relation to the person (“the offender”). (5) The offender is liable to be detained, on return to the United Kingdom, in any place in which the offender could have been detained pursuant to the sentence before the time of return to the territory. (6) A constable or immigration officer may— (a) take the offender into custody, and (b) convey the offender to the place mentioned in subsection (5). (7) The offender must be released on licence within the period of 5 days beginning when the offender is taken (or retaken) into custody under this section. (8) In calculating a period of 5 days for the purposes of subsection (7) no account is to be taken of any day mentioned in any of paragraphs (a) to (d) of section 59(10). (9) The powers conferred on a constable by subsection (6) are exercisable in any part of the United Kingdom. (10) For the purposes of this section— (a) a person is entitled to be released from detention if there is— (i) a duty to release the person under section 33(1), (1A) or (2) of the Criminal Justice Act 1991, (ii) a duty to release the person under section 244 of the Criminal Justice Act 2003 (other than temporarily on licence pursuant to an intermittent custody order under section 183(1)(b) of the Criminal Justice Act 2003), (iii) a duty to release the person under section 1, 1AA or 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 or section 5, 11(2), 13, 19 or 23 of the Custodial Sentences and Weapons (Scotland) Act 2007, or (iv) a duty to release the person under section 1 of the Northern Ireland (Remission of Sentences) Act 1995, Article 26 of the Criminal Justice (Northern Ireland) Order 1996 or Article 17 or 18(8) of the Criminal Justice (Northern Ireland) Order 2008; (b) an immigration officer is a person who is an immigration officer within the meaning of the Immigration Act 1971. (153C) (1) This section applies if— (a) a person is extradited to the United Kingdom from a territory for the purposes of being prosecuted for an offence; (b) the person's extradition is made subject to a condition that an undertaking is given by or on behalf of the United Kingdom as to the person's return to the territory. (2) The Secretary of State may give an undertaking to a person acting on behalf of the territory as to the person's return to the territory. (3) The terms which may be included by the Secretary of State in an undertaking given under subsection (2) in relation to a person include terms that if the person is convicted of the offence and a sentence of imprisonment or another form of detention is imposed in respect of it, the person is to be returned to the territory to serve the sentence. (4) A person who is to be returned to a territory by virtue of an undertaking given under subsection (2) must be returned as soon as is reasonably practicable after the sentence is imposed and any other proceedings in respect of the offence are concluded. (5) If subsection (4) is complied with the sentence for the offence is treated as served but the person's conviction for the offence must be treated as a conviction for all other purposes. (6) The sentence for the offence is treated as served under subsection (5) only in so far as it consists of the sentence of imprisonment or another form of detention mentioned in subsection (3). (7) Subsection (8) applies if— (a) subsection (4) is not complied with, and (b) the person applies to the court which imposed the sentence to expedite return to the territory. (8) The court must order return by such date as is specified in the order unless reasonable cause is shown for the delay. (9) If a person is to be returned by virtue of an undertaking given under subsection (2), a constable may— (a) remove the person from any prison or other institution where the person is detained; (b) keep the person in custody until returned; (c) convey the person to the territory to which the person is to be returned. (153D) (1) Nothing in section 153A or 153C requires the return of a person to a territory in a case in which the Secretary of State is not satisfied that the return is compatible with the Convention rights within the meaning of the Human Rights Act 1998 or with the United Kingdom's obligations under the Refugee Convention. (2) References in sections 153A and 153C and subsection (1) above to the Secretary of State are to be read as references to the Scottish Ministers in a case in which— (a) a Part 3 warrant was issued in respect of the person to be returned, and (b) the warrant was issued by a sheriff. (3) The reference in subsection (1) to the Refugee Convention is to the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention.

• (4) In section 153(1)(b) (return of person acquitted or not tried) for the words from “from” to the end substitute “ from a territory; ”.

• (5) In section 197(2) (powers on escape from custody) after “Part 2” insert “ , or kept in custody by virtue of a power under Part 3, ”.

Cases in which sentence treated as served

75

• (1) The Extradition Act 2003 (c. 41) is amended as follows.

• (2) In section 145(2) (sentence in territory executing Part 3 warrant) for “punishment for the offence must be treated as remitted” substitute “ sentence for the offence must be treated as served ”.

• (3) In section 152 (sentence in United Kingdom)—

• (a) in subsection (1)(a) for the words from “from” to the end substitute “ from a territory; ”, and

• (b) in subsection (2) for “punishment for the offence must be treated as remitted” substitute “ sentence for the offence must be treated as served ”.

Dealing with person for other offences

76

• (1) The Extradition Act 2003 is amended as follows.

• (2) Omit section 151 (dealing with person for other offences: other category 2 territories).

• (3) Before section 152 insert—

(151A) (1) This section applies if a person is extradited to the United Kingdom from a territory which is not— (a) a category 1 territory, or (b) a territory falling within section 150(1)(b). (2) The person may be dealt with in the United Kingdom for an offence committed before the person's extradition only if— (a) the offence is one falling within subsection (3), or (b) the condition in subsection (4) is satisfied. (3) The offences are— (a) the offence in respect of which the person is extradited; (b) an offence disclosed by the information provided to the territory in respect of that offence; (c) an offence in respect of which consent to the person being dealt with is given on behalf of the territory. (4) The condition is that— (a) the person has returned to the territory from which the person was extradited, or (b) the person has been given an opportunity to leave the United Kingdom. (5) A person is dealt with in the United Kingdom for an offence if— (a) the person is tried there for it; (b) the person is detained with a view to trial there for it.

Ancillary matters

Provisional arrest

77

• (1) Section 6 of the Extradition Act 2003 (c. 41) (requirements in relation to person subject to provisional arrest) is amended as follows.

• (2) For subsections (2) and (3) substitute—

(2) The person must be brought before the appropriate judge within 48 hours starting with the time when the person is arrested. (2A) The documents specified in subsection (4) must be produced to the judge within 48 hours starting with the time when the person is arrested but this is subject to any extension under subsection (3B). (2B) Subsection (3) applies if— (a) the person has been brought before the judge in compliance with subsection (2); but (b) documents have not been produced to the judge in compliance with subsection (2A). (3) The person must be brought before the judge when the documents are produced to the judge. (3A) While the person is before the judge in pursuance of subsection (2), the authority of the category 1 territory may apply to the judge for an extension of the 48 hour period mentioned in subsection (2A) by a further 48 hours. (3B) The judge may grant an extension if the judge decides that subsection (2A) could not reasonably be complied with within the initial 48 hour period. (3C) The judge must decide whether that subsection could reasonably be so complied with on a balance of probabilities. (3D) Notice of an application under subsection (3A) must be given in accordance with rules of court.

• (3) After subsection (5) insert—

(5A) Subsection (5B) applies if— (a) the person is before the judge in pursuance of subsection (2); and (b) the documents specified in subsection (4) have not been produced to the judge. (5B) The judge must remand the person in custody or on bail (subject to subsection (6)).

• (4) In subsection (6) after “subsection (2)” insert “ , (2A) or (3) ”.

• (5) After subsection (8) insert—

(8A) In calculating a period of 48 hours for the purposes of this section no account is to be taken of— (a) any Saturday or Sunday; (b) Christmas Day; (c) Good Friday; or (d) any day falling within subsection (8B). (8B) The following days fall within this subsection— (a) in Scotland, any day prescribed under section 8(2) of the Criminal Procedure (Scotland) Act 1995 as a court holiday in the court of the appropriate judge; (b) in any part of the United Kingdom, any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in that part of the United Kingdom.

• (6) In section 7(1)(b) of the Extradition Act 2003 (c. 41) (application of provisions for verifying the identity of the person arrested) for “is arrested under section 5 and section 6(2)” substitute “ arrested under section 5 is brought before the appropriate judge under section 6 and section 6(2A) ”.

Use of live link in extradition proceedings

78

After section 206 of the Extradition Act 2003 insert—

(206A) (1) This section applies in relation to— (a) a hearing before the appropriate judge in proceedings under Part 1, other than— (i) an extradition hearing within the meaning of that Part; (ii) a hearing under section 54 or 56, and (b) a hearing before the appropriate judge in proceedings under Part 2, other than an extradition hearing within the meaning of that Part. (2) If satisfied that the person affected by an extradition claim is likely to be in custody during the hearing, the appropriate judge may give a live link direction at any time before the hearing. (3) A live link direction is a direction that, if the person is being held in custody at the time of the hearing, any attendance at the hearing is to be through a live link from the place at which the person is held. (4) Such a direction— (a) may be given on the appropriate judge's own motion or on the application of a party to the proceedings, and (b) may be given in relation to all subsequent hearings to which this section applies, or to such hearing or hearings to which this section applies as may be specified or described in the direction. (5) The appropriate judge may give such a direction only if satisfied that it is not contrary to the interests of justice to give the direction. (6) A person affected by an extradition claim is to be treated as present in court when, by virtue of a live link direction, the person attends a hearing through a live link. (206B) (1) The appropriate judge may rescind a live link direction at any time before or during a hearing to which it relates. (2) The appropriate judge must not give a live link direction or rescind such a direction unless the parties to the proceedings have been given the opportunity to make representations. (3) If a hearing takes place in relation to the giving or rescinding of a live link direction, the appropriate judge may require or permit any party to the proceedings who wishes to make representations to do so through a live link. (4) If in a case where an appropriate judge has power to give a live link direction but decides not to do so, the appropriate judge must— (a) state in open court the reasons for not doing so, and (b) cause those reasons to be entered in the register of proceedings. (5) Subsection (7) applies if— (a) an application for a live link direction is made under section 206A(4) in relation to a qualifying hearing but the application is refused, or (b) a live link direction is given in relation to a qualifying hearing but the direction is rescinded before the hearing takes place. (6) A hearing is a qualifying hearing— (a) in relation to proceedings under Part 1, if it is a hearing by virtue of which section 4(3) would be complied with; (b) in relation to proceedings under Part 2, if it is a hearing by virtue of which section 72(3) or 74(3) would be complied with. (7) The requirement in section 4(3), 72(3) or 74(3) (as the case requires) to bring the person as soon as practicable before the appropriate judge is to be read as a requirement to bring the person before that judge as soon as practicable after the application is refused or the direction is rescinded. (206C) (1) This section applies for the purposes of section 206A and subsections (2) and (3) also apply for the purposes of section 206B. (2) In relation to proceedings under Part 1, section 67 applies for determining the appropriate judge. (3) In relation to proceedings under Part 2, section 139 applies for determining the appropriate judge. (4) A person is affected by an extradition claim if— (a) a Part 1 warrant is issued in respect of the person; (b) the person is arrested under section 5; (c) a request for the person's extradition is made; or (d) a warrant under section 73 is issued in respect of the person. (5) References to being in custody include— (a) in England and Wales, references to being in police detention within the meaning of the Police and Criminal Evidence Act 1984; (b) in Northern Ireland, references to being in police detention within the meaning of the Police and Criminal Evidence (Northern Ireland) Order 1989; (c) in Scotland, references to detention under section 14 of the Criminal Procedure (Scotland) Act 1995. (6) “Live link” means an arrangement by which a person, while absent from the place where the hearing is being held, is able— (a) to see and hear the appropriate judge, and other persons, (b) to be seen and heard by the judge, other persons, and for this purpose any impairment of eyesight or hearing is to be disregarded.

Part 7 — Aviation security

Security planning for airports

79

After Part 2 of the Aviation Security Act 1982 (c. 36) insert—

(24AA) (1) This Part applies to— (a) any aerodrome in respect of which a direction under section 12, 13 or 14 to the manager of the aerodrome is in force, and (b) any other aerodrome specified in an order made by the Secretary of State. (2) Any reference in the following provisions of this Part to an aerodrome is a reference to an aerodrome to which this Part applies. (3) The power to make an order under this section is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (24AB) (1) The manager of an aerodrome must establish a group (“a risk advisory group”) for the aerodrome. (2) The group is to consist of— (a) an individual nominated by the manager, (b) the chief officer of police for the relevant police area or an individual nominated by the chief officer, and (c) the individuals (if any) nominated under subsections (3) to (6). (3) The manager of the aerodrome may at any time nominate one or more individuals to be members of the group (in addition to the individual nominated under subsection (2)(a)). (4) The chief officer of police may at any time nominate one individual to be a member of the group (in addition to the individual, if any, nominated under subsection (2)(b)). (5) The Commissioners for Her Majesty's Revenue and Customs may at any time nominate one individual to be a member of the group. (6) The Secretary of State may at any time nominate one or more individuals to be members of the group. (7) If the manager of the aerodrome wishes to make a nomination under subsection (3) at any time after the establishment of the group, the manager must consult the group before making the nomination. (8) An individual may be nominated under subsections (2) to (6) only if the individual has knowledge or experience which is relevant to the assessment of threats, or particular kinds of threats, to the security of aerodromes. (9) The group must permit any individuals nominated by the Secretary of State for the purposes of this subsection to attend meetings of the group as observers. (24AC) (1) The risk advisory group for an aerodrome must prepare a risk report for the aerodrome before the end of the period of 2 months beginning with the day by which the group is required to be established. (2) A risk report is a document containing an assessment of each threat to the security of the aerodrome. (3) In relation to each such threat, the risk report must also— (a) contain an assessment of the effectiveness of any security measures that are being taken in relation to the aerodrome in response to the threat, and (b) set out the recommendations of the group as to the security measures that should be taken, or continue to be taken, in response to the threat. (4) The group— (a) must from time to time revise the assessments contained in the report so as to keep them up to date, and (b) may at any time revise the recommendations. (5) Where the report is prepared or revised, the group must give a copy of it to the manager of the aerodrome. (6) The manager of the aerodrome must then give a copy of the report to each member of the security executive group for the aerodrome. (7) If the Secretary of State at any time requests a copy of the risk report for an aerodrome, the manager of the aerodrome must give the Secretary of State a copy of the report (or, in the case of a report which has been revised, the report as so revised). (8) In subsection (1), “the day by which the group is required to be established” means the day which is the relevant day in relation to the aerodrome for the purposes of section 24AL. (24AD) (1) In exercising its functions, the risk advisory group for an aerodrome must have regard to— (a) any directions given under section 12, 13, 13A or 14, (b) any national threat assessment, and (c) any guidance given by the Secretary of State which is relevant to the group's functions. (2) A member of the risk advisory group may not disclose any information received by the member in the exercise of the member's functions under this Part except— (a) for the purpose of any of those functions, or (b) for any other purpose connected with the making of aerodrome security plans or their implementation. (3) In this section, “national threat assessment” means any assessment issued by the Secretary of State of a threat to the aviation industry. (24AE) (1) There must be an aerodrome security plan in force in relation to an aerodrome at all times after the period of 9 months beginning with the day by which the security executive group for the aerodrome is required to be established. (2) An aerodrome security plan is a plan which specifies— (a) the security measures, if any, that each relevant person is to take in relation to the aerodrome during the period for which the plan is in force, and (b) the arrangements for monitoring the implementation of those measures (“monitoring arrangements”). (3) An aerodrome security plan may specify steps to be taken by a relevant person for the purposes of the monitoring arrangements (“monitoring steps”). (4) The relevant persons are— (a) the manager of the aerodrome, (b) the chief officer of police for the relevant police area, (c) any operator of an aircraft that takes off from, or lands at, the aerodrome, (d) any person who is permitted to have access to the aerodrome for the purposes of a business carried on by the person, (e) any person who occupies any land forming part of the aerodrome, (f) the Serious Organised Crime Agency, (g) the Commissioners for Her Majesty's Revenue and Customs, and (h) the Secretary of State. (5) If the plan specifies security measures to be taken by a person within subsection (4)(a) or (c) to (h) (“B”), the plan may also specify— (a) that any other relevant person is to make payments in respect of the costs reasonably incurred by B in connection with the security measures, and (b) the amount of those payments or the manner in which their amount is to be assessed. (6) If the plan specifies security measures to be taken by a person within subsection (4)(c) to (h), the plan may also specify that the manager of the aerodrome is to provide accommodation or facilities in connection with those measures. (7) A relevant person must comply with any provision of an aerodrome security plan which provides that the person is to— (a) take a security measure, (b) take a monitoring step, or (c) make any payments or provide any accommodation or facilities. (8) In subsection (1), “the day by which the security executive group for the aerodrome is required to be established” means the day which is the relevant day in relation to the aerodrome for the purposes of section 24AL. (24AF) (1) An aerodrome security plan must specify the period for which it is to be in force. (2) In the case of the first plan for the aerodrome, the period specified must— (a) begin on the day after the end of the period mentioned in section 24AE(1), and (b) end on either the 31 March next following that day or on any subsequent 31 March specified in the plan. (3) In the case of any subsequent plan, the period specified must— (a) begin on 1 April, and (b) end on either the 31 March next following that day or on any subsequent 31 March specified in the plan. (4) An aerodrome security plan ceases to be in force if the aerodrome to which it relates ceases to be one to which this Part applies. (5) If there is a dispute about security planning for an aerodrome which relates to an aerodrome security plan which is not in force, the Secretary of State may direct that the plan is to come into force at the beginning of a day other than that specified in subsection (2)(a) or (3)(a). (24AG) (1) The manager of an aerodrome must establish a group (“the security executive group”) for the aerodrome. (2) The group is to consist of— (a) a representative of the manager of the aerodrome, (b) the chief officer of police for the relevant police area or a representative of the chief officer, (c) a representative of the police authority for the relevant police area, (d) if the Commissioners for Her Majesty's Revenue and Customs so request, a representative of the Commissioners, (e) if the Serious Organised Crime Agency so request, a representative of the Agency, (f) the individual nominated under subsection (3), and (g) any individuals nominated under subsections (4) to (6). (3) The manager of the aerodrome must nominate as a member of the group an individual who appears to the manager to represent the interests of the operators of aircraft that take off from, or land at, the aerodrome. (4) The Secretary of State may at any time nominate as a member of the group an official of the Secretary of State who exercises functions relating to immigration. (5) The manager of the aerodrome or the Secretary of State may at any time nominate as a member of the group an individual who is, or who appears to the manager or (as the case may be) the Secretary of State to represent the interests of, a particular relevant person within section 24AE(4)(c) to (e). (6) The manager of the aerodrome or the Secretary of State may at any time nominate as a member of the group an individual who appears to the manager or (as the case may be) the Secretary of State to represent the interests of any description of relevant persons within section 24AE(4)(c) to (e). (7) More than one individual may be nominated under subsection (5) or (6) (but not in relation to the same relevant person or description of relevant persons). (8) The group must permit any individuals nominated by the Secretary of State for the purposes of this subsection to attend meetings of the group as observers. (24AH) (1) The security executive group for an aerodrome must— (a) decide the contents of each aerodrome security plan for the aerodrome, and (b) keep the contents of each plan under review and decide whether (and, if so, how) they should be varied. (2) No provision may be included in an aerodrome security plan unless all the members of the group unanimously agree that it should be included. (3) An aerodrome security plan may not be varied unless all the members of the group unanimously agree to the variation. (4) But the agreement of a member is not required for the purposes of subsection (2) or (3) if the member unreasonably fails to inform the other members of the group whether the member agrees or disagrees to the inclusion of the provision or (as the case may be) to the variation. (5) If the Secretary of State at any time requests a copy of an aerodrome security plan, the manager of the aerodrome must give a copy of the plan to the Secretary of State. (24AI) (1) The security executive group for an aerodrome must notify a person to whom this section applies if— (a) the group proposes to include a provision in an aerodrome security plan or to vary a provision in a plan, and (b) the provision (or the provision as varied) would by virtue of section 24AE require the person to— (i) take a security measure, (ii) take a monitoring step, or (iii) make any payments. (2) This section applies to— (a) any relevant person within section 24AE(4)(c) to (e), other than such a person who is represented on the security executive group by virtue of section 24AG(5), (b) the Commissioners for Her Majesty's Revenue and Customs, unless the Commissioners are represented on the group, (c) the Serious Organised Crime Agency, unless the Agency is represented on the group, (d) the Secretary of State, unless the Secretary of State has made a nomination under section 24AG(4). (3) A person notified under subsection (1) may object to the proposal by informing the group that the person objects. (4) The person must give the group the reasons for the objection. (5) The objection must be made before the end of the period of 30 days beginning with the day on which the person was notified of the proposal (“the 30 day period”). (6) The group must consider an objection made by a person in accordance with this section. (7) If the members of the group and the person are unable to reach agreement on whether or not the proposal should be withdrawn or varied in the light of the objection, the member of the group who represents the manager of the aerodrome must refer the matter under section 24AN(1) (disputes about security plans). (8) A provision mentioned in subsection (1) may not be included in an aerodrome security plan or (as the case may be) may not be varied before the end of the 30 day period. (9) If an objection is made in accordance with this section before the end of the 30 day period the provision may not be included in the plan or (as the case may be) may not be varied unless— (a) the members of the group and the person who objected agree that it may be included or varied, or (b) it is included or varied by virtue of section 24AQ (powers in relation to disputes about security plans). (24AJ) (1) In exercising its functions, the security executive group for an aerodrome must have regard to— (a) any directions given under section 12, 13, 13A or 14, (b) the risk report for the aerodrome, (c) any national threat assessment, and (d) any guidance given by the Secretary of State which is relevant to the group's functions. (2) The group must— (a) consider each recommendation in the risk report, and (b) ensure that a record of its decision whether to accept or reject the recommendation, together with the reasons for the decision, is appended to an aerodrome security plan. (3) A member of the security executive group may not disclose any information received by the member in the exercise of the member's functions under this Part except— (a) for the purpose of any of those functions, or (b) for any other purpose connected with the making of aerodrome security plans or their implementation. (4) In this section, “national threat assessment” means any assessment issued by the Secretary of State of a threat to the aviation industry. (24AK) (1) An individual may be a member of both the risk advisory group and the security executive group for an aerodrome. (2) The manager of the aerodrome may at any time— (a) revoke a nomination under section 24AB(2)(a) or 24AG(3), and (b) make another nomination under that provision. (3) A person who makes a nomination under section 24AB(2)(b) or (3) to (6) or (9) or section 24AG(4) to (6) or (8) may at any time revoke the nomination (whether or not the person makes another nomination under the provision in question). (4) Except as provided by this Part, risk advisory groups and security executive groups may decide their own procedures (and, in particular, may allow individuals who are not members of the groups to attend meetings and take part in discussions). (5) The manager of an aerodrome must ensure that the risk advisory group and the security executive group for the aerodrome have such accommodation and facilities as are necessary to enable them to discharge their functions. (24AL) (1) The risk advisory group and the security executive group for an aerodrome must each be established before the relevant day. (2) In the case of an aerodrome to which this Part applies on the commencement date, the relevant day is — (a) in relation to the risk advisory group, the end of the period of 1 month beginning with the commencement date, and (b) in relation to the security executive group, the end of the period of 3 months beginning with the commencement date. (3) In subsection (2), “commencement date” means the date on which section 79 of the Policing and Crime Act 2009 comes into force. (4) In the case of any other aerodrome to which this Part applies, the relevant day is— (a) in relation to the risk advisory group, the end of the period of 1 month beginning with the date on which the aerodrome becomes one to which this Part applies, and (b) in relation to the security executive group, the end of the period of 3 months beginning with that date. (24AM) (1) This section applies for the purposes of the following provisions of this Part. (2) There is a dispute about security planning for an aerodrome if there is— (a) a dispute about the contents of an aerodrome security plan for the aerodrome (see subsection (3)), or (b) a dispute about the implementation of an aerodrome security plan for the aerodrome (see subsection (4)). (3) There is a dispute about the contents of an aerodrome security plan for an aerodrome if— (a) there is a dispute between any of the members of the security executive group about the provisions to be included in a plan and, in consequence, there is, or there is likely to be, a breach of the requirement imposed by section 24AE(1), (b) there is a dispute between any of the members of the security executive group about whether or how a plan should be varied, or (c) the members of the security executive group and a relevant person who makes an objection under section 24AI are unable to reach agreement on whether or not a proposal by the group should be withdrawn or varied in the light of the objection. (4) There is a dispute about the implementation of an aerodrome security plan if a member of the security executive group for the aerodrome thinks that a relevant person in relation to the aerodrome is failing to, or has failed to, comply with the duty in section 24AE(7). (24AN) (1) If there is a dispute about the contents of an aerodrome security plan, any member of the security executive group for the aerodrome may refer the dispute to the Secretary of State. (2) If there is a dispute about the implementation of an aerodrome security plan, any member of the security executive group for the aerodrome may refer the dispute to the Secretary of State. (24AO) (1) This section applies where— (a) a dispute about security planning for an aerodrome is referred to the Secretary of State under section 24AN, or (b) although no such reference is made, the Secretary of State thinks that there is a dispute about security planning for the aerodrome. (2) The Secretary of State may require— (a) any member of the security executive group for the aerodrome, or (b) any relevant person in relation to the aerodrome, to take such steps as the Secretary of State thinks may assist to resolve the dispute. (3) The Secretary of State may require any relevant person in relation to the aerodrome to make payments in respect of any costs incurred by another person (whether or not a relevant person) in connection with the taking of the steps mentioned in subsection (2). (4) The payments that may be required under subsection (3) include payments in respect of any costs incurred by the Secretary of State (including any costs attributable to the work of officials of the Secretary of State). (5) If the Secretary of State decides not to exercise the power in subsection (2), or if the Secretary of State exercises that power but the dispute is not resolved, the Secretary of State may determine the dispute. (24AP) (1) This section applies where the Secretary of State is determining a dispute about security planning for an aerodrome. (2) The Secretary of State must give— (a) each relevant person who appears to the Secretary of State to have an interest in the matter in dispute, and (b) each member of the security executive group, an opportunity to make representations about the matter in dispute. (3) In the case of a dispute about the contents of an aerodrome security plan, the Secretary of State must have regard to the matters specified in section 24AJ(1) (so far as relevant to the matter in dispute). (4) Subject to subsections (2) and (3), the Secretary of State may decide the procedure for determining the dispute. (5) In particular, the Secretary of State may require a person mentioned in subsection (2)(a) or (b) to provide the Secretary of State or another person mentioned in that subsection with such information as the Secretary of State may specify. (6) Subsection (7) applies if, in determining a dispute about security planning, the Secretary of State— (a) provides information to a person mentioned in subsection (2)(a) or (b), or (b) requires such a person to provide information to another person under subsection (5). (7) The Secretary of State may require the person to whom the information is provided not to disclose the information without the consent of the Secretary of State. (24AQ) (1) This section applies where the Secretary of State has considered a dispute about security planning at an aerodrome. (2) Where the dispute is about the contents of an aerodrome security plan, the Secretary of State may— (a) make a declaration that a provision specified in the declaration is or is not to be included in the plan; (b) make a declaration varying the plan. (3) Where the dispute is about the implementation of a plan, the Secretary of State may do any or all of the following— (a) make a declaration as to how any provision of the plan is to be construed; (b) make a declaration as to how any provision of the plan is to be, or ought to have been, implemented; (c) make a declaration varying the plan. (4) In relation to any dispute, the Secretary of State may (whether or not the Secretary of State exercises any other power under this section) do either or both of the following— (a) determine that a relevant person must pay to any other relevant person (“B”) a specified sum, or a sum to be assessed in a specified manner, in respect of costs reasonably incurred by B in connection with any security measures taken by B in relation to the aerodrome; (b) make an order requiring a relevant person to pay costs. (5) Subsection (4)(a) does not apply in relation to security measures taken by the chief officer of police for the relevant police area. (6) In subsection (4)(b) “costs” means— (a) the legal or other costs incurred by the Secretary of State (including costs attributable to the work of officials of the Secretary of State), and (b) the legal or other costs incurred by any members of the security executive group or any of the relevant persons. (24AR) (1) A relevant person may appeal to the High Court against— (a) any requirement imposed on the person under section 24AO(3), or (b) any declaration, determination or order of the Secretary of State under section 24AQ which affects that person. (2) Any requirement imposed under section 24AO(3) or 24AP(7), and any declaration, determination or order made under section 24AQ, may, with the permission of the High Court, be enforced as if it were a judgment of the High Court (and may, in particular, be enforced by the use of powers in relation to contempt of court). (3) In the application of this section to Scotland, references to the High Court are to be read as references to the Court of Session. (24AS) (1) The Secretary of State may by order provide that this Part— (a) does not apply in relation to a specified aerodrome in respect of which any directions under section 12, 13, 13A or 14 are in force, or (b) applies in relation to such an aerodrome with specified modifications. (2) In subsection (1) “specified” means specified in the order. (3) The power to make an order under this section is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (24AT) (1) In this Part— - “aerodrome” is to be construed in accordance with section 24AA(2); - “aerodrome security plan” has the meaning given by section 24AE(2); - “dispute about security planning for an aerodrome”, “dispute about the contents of an aerodrome security plan” and “dispute about the implementation of an aerodrome security plan” have the meanings given by section 24AM(2) to (4); - “relevant persons”, in relation to an aerodrome, means the persons mentioned in section 24AE(4); - “relevant police area”, in relation to an aerodrome, means the police area in which the aerodrome is wholly or mainly situated; - “risk advisory group”, in relation to an aerodrome, means the group established for the aerodrome in accordance with section 24AB; - “risk report”, in relation to an aerodrome, has the meaning given by section 24AC(2); - “security executive group”, in relation to an aerodrome, means the group established for the aerodrome in accordance with section 24AG; - “security measure”, in relation to an aerodrome, means any measure taken for a purpose to which Part 2 applies (protection of aerodromes etc. against acts of violence) or otherwise for the purpose of preventing crime or preserving the peace at the aerodrome, but it does not include— 1. any measure specified in a direction under Part 2, or 2. any measure which an officer of Revenue and Customs or an official of the Secretary of State exercising functions in relation to immigration is required to take by virtue of any enactment. (2) Any reference in this Part to the security of an aerodrome includes a reference to the preservation of the peace at the aerodrome (and any reference to a threat to the security of the aerodrome is to be construed accordingly). (3) Any reference in the preceding provisions of this Part to a person nominated under a provision of this Part is a reference to a person who has been nominated under that provision and accepts that nomination (unless the context otherwise requires). (4) If an aerodrome to which this Part applies— (a) ceases to be such an aerodrome, but (b) subsequently becomes such an aerodrome again, this Part applies in relation to the aerodrome as if it had become an aerodrome to which this Part applies for the first time. (5) For the purposes of this Part the risk advisory group for an aerodrome is to be treated as established when both of the following conditions are first met— (a) the person nominated by the manager of the aerodrome under section 24AB(2)(a) accepts the nomination; (b) the chief officer of police for the relevant police area informs the manager of the aerodrome that either the chief officer will serve as a member of the group or that a person nominated by the chief officer for the purposes of section 24AB(2)(b) has accepted the nomination. (6) For the purposes of this Part the security executive group for an aerodrome is to be treated as established when all of the following conditions are first met— (a) the manager of the aerodrome appoints a representative under section 24AG(2)(a); (b) the chief officer of police for the relevant police area informs the manager of the aerodrome that either the chief officer will serve as a member of the group or that the chief officer has appointed a representative for the purposes of section 24AG(2)(b); (c) the police authority for the relevant police area informs the manager of the aerodrome that the police authority has appointed a representative for the purposes of section 24AG(2)(c); (d) a person nominated by the manager of the aerodrome under section 24AG(3) accepts the nomination. (7) In the application of this Part to Scotland— (a) references to the chief officer of police for the relevant police area are to be read as references to the chief constable of the police force for that area, and (b) references to the police authority for the relevant police area are, where a joint police board is constituted for that area in accordance with an amalgamation scheme made under the Police (Scotland) Act 1967 (c. 77), to be read as references to that joint police board. (8) In the application of this Part to Northern Ireland— (a) references to the chief officer of police for the relevant police area are to be read as references to the Chief Constable of the Police Service of Northern Ireland, and (b) references to the police authority for the relevant police area are to be read as references to the Northern Ireland Policing Board.

Policing at airports

80

Schedule 6 (which amends Part 3 of the Aviation Security Act 1982 (c. 36) and makes transitional and saving provision) has effect.

Part 8 — Miscellaneous

Chapter 1 — Safeguarding vulnerable groups and criminal records

Renaming of Independent Barring Board

Renaming of Independent Barring Board

81

• (1) The Independent Barring Board is renamed the Independent Safeguarding Authority.

• (2) For the words in the left-hand column of the table, wherever they appear in the enactments mentioned in subsection (3), substitute the corresponding words in the right-hand column of the table.

Existing words	Substitution
“Independent Barring Board”	“Independent Safeguarding Authority”
“Independent Barring Board's”	“Independent Safeguarding Authority's”
“IBB”	“ISA”
“IBB's”	“ISA's”

• (3) The enactments are—

• (a) Schedule 1 to the Superannuation Act 1972 (c. 11),

• (b) sections 7 and 11 of the Police Pensions Act 1976 (c. 35),

• (c) section 35C of the Medical Act 1983 (c. 54),

• (d) section 13D of the Opticians Act 1989 (c. 44),

• (e) section 20 of the Osteopaths Act 1993 (c. 21),

• (f) section 20 of the Chiropractors Act 1994 (c. 17),

• (g) section 97 of the Police Act 1996 (c. 16),

• (h) sections 113BA, 113BB, 113CA and 113CB of the Police Act 1997 (c. 50),

• (i) sections 56 and 75 of the Data Protection Act 1998 (c. 29),

• (j) paragraph 1 of Schedule 2 to the Teaching and Higher Education Act 1998 (c. 30),

• (k) section 167C of the Education Act 2002 (c. 32),

• (l) section 171 of the Education and Inspections Act 2006 (c. 40),

• (m) the following enactments in the Safeguarding Vulnerable Groups Act 2006 (c. 47) (including any relevant headings)—

• (i) sections 1, 2, 4, 6, 15, 25, 35, 36 to 47 and 50,

• (ii) paragraphs 1, 3 to 7 and 9 to 16 of Schedule 1,

• (iii) paragraphs 1 and 2 of Schedule 2,

• (iv) paragraphs 2 to 6, 8 to 21, 23 and 25 of Schedule 3,

• (v) paragraphs 4 and 8 of Schedule 4,

• (vi) paragraph 2 of Schedule 5, and

• (vii) paragraphs 1 to 3 of Schedule 8,

• (n) sections 39, 40 and 97 of, and Schedule 5 to, the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14),

• (o) the following enactments in the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) (including any relevant headings)—

• (i) Articles 2, 5, 6, 8, 10, 19, 29, 37 to 49 and 52,

• (ii) paragraphs 2 to 6, 8 to 21, 23 and 25 of Schedule 1,

• (iii) paragraphs 4 and 8 of Schedule 2,

• (iv) paragraph 2 of Schedule 3, and

• (v) paragraphs 1 to 3 of Schedule 6, and

• (p) sections 130 and 141 of the Education and Skills Act 2008 (c. 25).

• (4) In the following enactments for “the Board” substitute “ the Authority ”

• (a) section 167C of the Education Act 2002 (c. 32) (both as inserted by the Education and Inspections Act 2006 (c. 40) and as substituted by the Education and Skills Act 2008 (c. 25)), and

• (b) section 130(4) of the Education and Skills Act 2008 (c. 25).

• (5) Any reference (other than those dealt with by subsections (2) to (4) above) to the Independent Barring Board in any enactment or other document passed or made before the commencement of this section is to be read as a reference to the Independent Safeguarding Authority.

• (6) Any reference to the Independent Safeguarding Authority which arises by virtue of this section is to be read, in relation to times before the commencement of this section, as a reference to the Independent Barring Board.

• (7) In this section—

• “enactment” includes an Act of the Scottish Parliament, Northern Ireland legislation and an enactment comprised in subordinate legislation,

• “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30)) and also includes an instrument made under—an Act of the Scottish Parliament, orNorthern Ireland legislation.

Safeguarding vulnerable groups: England and Wales

Educational establishments: check on members of governing body

82

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

Monitoring application

83

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

Monitoring: additional fees

84

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

Vetting information

85

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

Notification of cessation of monitoring

86

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

Notification of proposal to include person in barred list

87

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

Provision of safeguarding information to the police

88

After section 50 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) insert—

(50A) (1) ISA may provide any information it has to a chief officer of police for use for any of the following purposes— (a) the prevention, detection and investigation of crime; (b) the apprehension and prosecution of offenders. (2) The power conferred by subsection (1) does not limit any other power of ISA to provide information for any purpose or to any person.

Barring process

89

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

Safeguarding vulnerable groups: Northern Ireland

Notification of proposal to include person in barred list: Northern Ireland

90

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

Provision of safeguarding information to the police: Northern Ireland

91

After Article 52 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) insert—

(52A) (1) ISA may provide any information it has to the chief constable of the Police Service of Northern Ireland for use for any of the following purposes— (a) the prevention, detection and investigation of crime; (b) the apprehension and prosecution of offenders. (2) The power conferred by paragraph (1) does not limit any other power of ISA to provide information for any purpose or to any person.

Barring process: Northern Ireland

92

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

Criminal records etc

Criminal conviction certificates to be given to employers

93

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

Certificates of criminal records etc: right to work information

94

In the Police Act 1997 after section 113CC insert—

(113CD) (1) This section applies where— (a) an application for a certificate under section 112, 113A or 113B contains a request for information under this section, (b) in the case of an application for a certificate under section 112, the application contains a statement that the information is sought for the purposes of employment with a person specified in the application, and (c) the applicant pays in the prescribed manner any additional fee prescribed in respect of the application. (2) The certificate must state— (a) whether according to records held by the Secretary of State the applicant is subject to immigration control, or (b) that records held by the Secretary of State do not show whether the applicant is subject to immigration control. (3) If the records show that the applicant is subject to immigration control, the certificate must state— (a) whether according to the records the applicant has been granted leave to enter or remain in the United Kingdom, or (b) that the records do not show whether the applicant has been granted leave to enter or remain in the United Kingdom. (4) If the records show that the applicant has been granted leave to enter or remain in the United Kingdom, the certificate must state— (a) whether according to the records the applicant's leave to enter or remain in the United Kingdom is current, or (b) that the records do not show whether the applicant's leave to enter or remain in the United Kingdom is current. (5) If the records show that the applicant has been granted leave to enter or remain in the United Kingdom and that it is current, the certificate must also state any conditions to which the leave to enter or remain is subject and which relate to the applicant's employment. (6) A certificate under this section must contain such advice as the Secretary of State thinks appropriate about where to obtain further information about the matters mentioned in subsections (2) to (5). (7) For the purposes of this section a person's leave to enter or remain in the United Kingdom is current unless— (a) it is invalid, or (b) it has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise). (8) For the purposes of this section a person is subject to immigration control if under the Immigration Act 1971 the person requires leave to enter or remain in the United Kingdom.

Criminal conviction certificates: verification of identity

95

In section 118 of the Police Act 1997 (c. 50) (evidence of identity) after subsection (2) insert—

(2ZA) By virtue of subsection (1) the Secretary of State may, in particular, refuse to issue a certificate to a person unless the application is supported by prescribed evidence that the person's identity has been verified by a third person determined by the Secretary of State (whether or not the third person charges a fee for such verification).

Registered persons

96

• (1) Section 120A of the Police Act 1997 (refusal and cancellation of registration), as inserted by section 134 of the Criminal Justice and Police Act 2001 (c. 16), is amended as follows.

• (2) In subsection (3) (matters to which Secretary of State may have regard in considering suitability of persons likely to have access to information) for paragraph (b) substitute—

(b) any information relating to the person of a kind specified in subsection (3A);

.

• (3) After subsection (3) insert—

(3A) The information is— (a) whether the person is barred from regulated activity; (b) if the person is barred from such activity, such details as are prescribed of the circumstances in which the person became barred; (c) whether the Independent Safeguarding Authority is considering whether to include the person in a barred list in pursuance of paragraph 3, 5, 9 or 11 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006; (d) whether the person is subject to a direction under section 167A of the Education Act 2002 (prohibition on participation in management of independent school). (3B) Subsection (3C) applies if— (a) the Secretary of State receives an application for registration, and (b) it appears to the Secretary of State that the registration is likely to make it possible for information to become available to an individual who the Independent Safeguarding Authority is considering whether to include in a barred list as mentioned in subsection (3A)(c). (3C) The Secretary of State may postpone consideration of the application until the Authority has decided whether to include the individual in the barred list. (3D) Expressions used in subsections (3A) to (3C) and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in those subsections as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act.

• (4) After subsection (6) insert—

(7) The Secretary of State may by order made by statutory instrument amend subsection (3A) for the purpose of altering the information specified in that subsection. (8) Such an order is subject to annulment in pursuance of a resolution of either House of Parliament.

Criminal records: applications

97

• (1) Before section 126 of the Police Act 1997 (c. 50) insert—

(125B) (1) The Secretary of State may determine the form, manner and contents of an application for the purposes of any provision of this Part. (2) A determination may, in particular, impose requirements about the form or manner in which an electronic application is to be signed or countersigned.

• (2) In the following provisions of that Act omit “in the prescribed manner and form”—

• section 112(1)(a) (criminal conviction certificates),

• section 113A(1)(a) (criminal record certificates),

• section 113B(1)(a) (enhanced criminal record certificates).

• (3) In the following provisions of that Act omit “in the prescribed form”—

• section 114(1)(a) (criminal record certificates: Crown employment),

• section 116(1)(a) (enhanced criminal record certificates: judicial appointments and Crown employment).

Chapter 2 — Other

Border controls

General information powers in relation to persons entering or leaving the UK

98

• (1) After section 157 of the Customs and Excise Management Act 1979 (c. 2) (general powers: bonds and security) insert—

(157A) (1) The proper officer of Revenue and Customs may require any person entering or leaving the United Kingdom— (a) to produce the person's passport or travel documents for examination, or (b) to answer any questions put by the proper officer of Revenue and Customs about the person's journey. (2) In subsection (1) “passport” means— (a) a United Kingdom passport (within the meaning of the Immigration Act 1971), (b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom, or by or on behalf of an international organisation, or (c) a document that can be used (in some or all circumstances) instead of a passport. (3) Subsections (1) and (2) apply in relation to a transit air passenger arriving at the passenger's final destination in the United Kingdom as they apply in relation to a person entering the United Kingdom. (4) For the purposes of subsection (3) a transit air passenger is a person— (a) who has arrived by air in the United Kingdom; and (b) whose journey is continued or resumed by air to a destination in the United Kingdom which is not the place where the person is regarded for the purposes of this section as entering the United Kingdom; and the passenger's final destination is the destination of the continued or resumed journey.

• (2) In section 4(3) of the Finance (No. 2) Act 1992 (c. 48) (non-application of enforcement powers in the Act of 1979 to certain movements between member States), after paragraph (g), insert—

(ga) section 157A (general information powers in relation to persons entering or leaving the United Kingdom)

.

Powers in relation to cash

99

• (1) After section 164 of the Customs and Excise Management Act 1979 (c. 2) (general powers etc: powers to search persons) insert—

(164A) (1) The provisions of this Act which fall within subsection (2) (search powers for officers of Revenue and Customs etc.) apply in accordance with subsection (3)— (a) for the purposes of searching for cash— (i) which is recoverable property or is intended by any person for use in unlawful conduct; and (ii) the amount of which is not less than the minimum amount; (b) for the purposes of searching for cash to ensure compliance with the Cash Control Regulation; or (c) for purposes connected to any such purposes. (2) The provisions of this Act which fall within this subsection are— (a) section 28(1) (powers of access etc.); (b) section 77(1) and (2) (information powers); (c) section 159(1) to (4) (powers to examine and take account of goods); and (d) section 164 (power to search persons including intimate searches). (3) Those provisions apply for the purposes mentioned in subsection (1) as if— (a) any reference in them to goods included a reference to cash; and (b) in section 164(1)— (i) the reference to an article were a reference to cash; and (ii) paragraphs (a) and (b) were omitted. (4) The Treasury may by regulations provide for— (a) any provision of this Act to apply with modifications for the purposes of the provisions applied by subsections (1) to (3), or (b) any other enactment to apply, with or without modifications, for the purposes of the provisions so applied. (5) This section does not limit the scope of any powers that exist apart from this section (whether under this Act or otherwise). (6) In this section— - “the 2002 Act” means the Proceeds of Crime Act 2002; - “cash”— 1. so far as relating to purposes falling within subsection (1)(a) above, has the meaning given by section 289(6) and (7) of the 2002 Act; and 2. so far as relating to purposes falling within subsection (1)(b) above, has the same meaning as in the Cash Control Regulation; - “the Cash Control Regulation” means Regulation (EC) No. 1889/2005 of the European Parliament and of the Council of 26 October 2005 on controls of cash entering or leaving the Community; - “minimum amount” has the meaning given by section 303 of the 2002 Act; - “modifications” includes omissions; - “recoverable property” has the meaning given by section 316(1) of the 2002 Act; - “unlawful conduct” has the meaning given by section 241 of the 2002 Act.

• (2) In section 4(2) of the Finance (No. 2) Act 1992 (c. 48) (cases where enforcement powers exercisable)—

• (a) after “member States;” at the end of paragraph (b) omit “or”, and

• (b) after “Kingdom” at the end of paragraph (c) insert

; or (d) searching for cash that is recoverable property or intended for use in unlawful conduct

.

• (3) In section 4(5) of that Act (interpretation)—

• (a) after “In this section—”, insert—

“cash” has the meaning given by section 289(6) and (7) of the Proceeds of Crime Act 2002;

,

• (b) after “Economic Community;” omit “and”, and

• (c) after “1979;” insert—

“recoverable property” has the same meaning as in section 316(1) of the Proceeds of Crime Act 2002; and “unlawful conduct” has the same meaning as in section 241 of that Act;

.

• (4) After section 105(5) of the Postal Services Act 2000 (c. 26) (application of customs and excise enactments to certain postal packets) insert—

(6) And in this section “goods” includes cash (within the meaning of section 289(6) and (7) of the Proceeds of Crime Act 2002).