Policing and Crime Act 2009

Lawful interception of postal items by Revenue and Customs

100

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Prohibition on importation or exportation of false identity documents etc

101

• (1) The importation or exportation of any identity document to which this section applies is prohibited.

• (2) This section applies to—

• (a) any false identity document,

• (b) any identity document issued or obtained in contravention of the law of the country or territory under whose jurisdiction the document is issued, and

• (c) any identity document intended to be used (whether by itself or otherwise and with or without modifications)—

• (i) to establish for unlawful purposes a false identity or address, or

• (ii) to provide for such purposes evidence of a false identity or address.

• (3) In this section—

• “document” includes an article, or a combination of a document and an article, in or on which information is or may be recorded,

• “false”, in relation to an identity document, has the same meaning as it has in section 9(1) of the Forgery and Counterfeiting Act 1981 (c. 45) in relation to an instrument,

• “identity document” means any document which may be used (whether by itself or otherwise and with or without modifications) to establish, or provide evidence of, a person's identity or address.

Prohibition on importation of offensive weapons

102

• (1) After section 141ZA of the Criminal Justice Act 1988 (c. 33) insert—

(141ZB) (1) The importation of an offensive weapon is prohibited, subject to section 141ZC. (2) In this section “offensive weapon” means a weapon of a description specified in an order made by the Secretary of State for the purposes of this subsection. (3) The Secretary of State may not specify any of the following under subsection (2)— (a) a weapon subject to the Firearms Act 1968; (b) a crossbow. (4) Orders under this section are to be made by statutory instrument. (5) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (6) In the application of this section to Northern Ireland the reference in subsection (3) to the Firearms Act 1968 is to be construed as a reference to the Firearms (Northern Ireland) Order 2004. (141ZC) (1) The importation of a weapon is not prohibited by section 141ZB if one of the following exceptions applies. (2) Exception 1 is that the weapon is imported for the purposes only of functions carried out on behalf of— (a) the Crown, or (b) a visiting force. (3) Exception 2 is that the weapon is imported for the purposes only of making it available to a museum or gallery which does not distribute profits. (4) Exception 3 is that the weapon is imported for the purposes only of making it available for one or more of the following— (a) theatrical performances; (b) rehearsals of theatrical performances; (c) the production of films; (d) the production of television programmes. (5) In subsection (4)— - “films” has the meaning given by section 5B of the Copyright, Designs and Patents Act 1988; - “television programmes” has the meaning given by section 405 of the Communications Act 2003. (6) The Secretary of State may by order provide for further exceptions from the prohibition on importation of weapons under section 141ZB. (7) Orders under this section are to be made by statutory instrument. (8) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (9) Expressions used in this section and in section 141 have the same meaning in this section as in that section. (141ZD) (1) This section applies for the purposes of proceedings for an offence under the Customs and Excise Management Act 1979 relating to a weapon the importation of which is prohibited by section 141ZB above. (2) An exception conferred by or under section 141ZC is to be taken not to apply unless sufficient evidence is adduced to raise an issue with respect to the exception. (3) Where sufficient evidence is adduced to raise an issue with respect to an exception, it is to be taken to apply unless the contrary is proved beyond a reasonable doubt.

• (2) Subsection (3) applies where in any proceedings—

• (a) a person (“the defendant”) is charged in respect of the same conduct with—

• (i) an offence under any provision of the Customs and Excise Management Act 1979 by virtue of the prohibition on importation in section 141(4) of the Criminal Justice Act 1988 as it had effect before its repeal by this Act (“the old offence”), and

• (ii) an offence under that provision of the 1979 Act by virtue of the prohibition on importation in section 141ZB(1) of the 1988 Act (“the new offence”),

• (b) the only thing preventing the defendant from being found guilty of the new offence is the fact that it has not been proved beyond a reasonable doubt that the conduct took place after the commencement of this section, and

• (c) the only thing preventing the defendant from being found guilty of the old offence is the fact that it has not been proved beyond a reasonable doubt that the conduct took place before the commencement of this section.

• (3) For the purpose of determining the guilt of the defendant it is to be conclusively presumed that the conduct took place after the commencement of this section.

• (4) A reference in subsection (2) to an offence includes a reference to—

• (a) aiding, abetting, counselling or procuring the commission of the offence,

• (b) conspiracy to commit the offence,

• (c) an attempt to commit the offence,

• (d) incitement to commit the offence, and

• (e) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence.

Football spectators

Prohibiting attendance at matches in Scotland and Northern Ireland etc

103

• (1) In the provisions of the Football Spectators Act 1989 (c. 37) listed in subsection (2) for “England and Wales” (in each place) substitute “ the United Kingdom ”.

• (2) The provisions are—

• (a) in section 14 (definition of banning order and other terms), subsections (2), (3), (4), (5) and (6),

• (b) in section 19 (functions of enforcing authority and local police), subsections (2), (2A) and (2E)(a), and

• (c) in section 21A (summary measures: detention), subsection (1).

• (3) In section 19(2B)(b) of that Act omit “if the match is outside the United Kingdom”.

Requirements to report at police stations

104

• (1) The police station specified under any of the provisions listed in subsection (2) may be in England, Wales, Scotland or Northern Ireland.

• (2) The provisions are—

• (a) section 14E(2) of the Football Spectators Act 1989 (banning order to include requirement to report initially at specified police station),

• (b) section 19(2B) of that Act (notice, in connection with regulated football match outside United Kingdom, requiring person to report at specified police station),

• (c) section 53(2) of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) (football banning order to include requirement to report initially at specified police station),

• (d) section 61(4) of that Act (notice, in connection with regulated football match outside United Kingdom, requiring person to report at specified police station).

• (3) In section 14E(2) of the Football Spectators Act 1989 (c. 37) omit “in England and Wales”.

• (4) In section 53(2)(a) of the Police, Public Order and Criminal Justice (Scotland) Act 2006 omit “in Scotland”.

• (5) In section 66(1) of that Act for “Scotland” substitute “ the United Kingdom ”.

Enforcement of 1989 Act in Scotland and Northern Ireland

105

• (1) The following provisions of the Football Spectators Act 1989 extend to Scotland and Northern Ireland—

• (a) section 14J(1) (offence of failing to comply with a requirement imposed by a banning order or a requirement imposed under section 19(2B) or (2C)),

• (b) section 19(6) (offence of failing, without reasonable excuse, to comply with a requirement imposed under section 19(2)),

• (c) section 20(10) (offence of making a false statement, etc. in connection with an application for exemption from requirements imposed by or under Part 2).

• (2) But in Scotland it is a defence where a person is charged with an offence by virtue of subsection (1)(a) to prove that the person had a reasonable excuse for failing to comply with the requirement in question.

• (3) A person guilty of an offence by virtue of subsection (1)(a) is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

• (4) A person guilty of an offence by virtue of subsection (1)(b) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

• (5) A person guilty of an offence by virtue of subsection (1)(c) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Enforcement of 2006 Act in England and Wales and Northern Ireland

106

• (1) The following provisions of the Police, Public Order and Criminal Justice (Scotland) Act 2006 extend to England and Wales and Northern Ireland—

• (a) section 68(1) and (2) (offences of failing to comply with a requirement imposed by a football banning order, under section 61(1) or by a notice under section 61(4), and defence of reasonable excuse),

• (b) section 68(5) (offence of making a false statement, etc. in connection with an application for exemption from a notice under section 61(4)).

• (2) A person guilty of an offence under section 68(1)(a) or (c) of that Act by virtue of subsection (1)(a) is liable on summary conviction—

• (a) in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 5 on the standard scale (or both),

• (b) in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

But in relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) the reference in paragraph (a) to 51 weeks is to be read as a reference to 6 months.

• (3) A person guilty of an offence under section 68(1)(b) of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) by virtue of subsection (1)(a) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

• (4) A person guilty of an offence by virtue of subsection (1)(b) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (5) Omit articles 1(5) and 5 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098).

Relevant offences for purposes of Part 2 of 1989 Act

107

In Schedule 1 to the Football Spectators Act 1989 (c. 37) (offences) in paragraph 1(a)—

• (a) after “14J(1)” insert “ , 19(6), 20(10) ”, and

• (b) after “of this Act” insert “ or section 68(1) or (5) of the Police, Public Order and Criminal Justice (Scotland) Act 2006 by virtue of section 106 of the Policing and Crime Act 2009 ”.

Other

Strategies for crime reduction etc: probation authorities

108

• (1) The Crime and Disorder Act 1998 (c. 37) is amended as follows.

• (2) In section 5 (authorities responsible for strategies) after subsection (1)(a) insert—

(aa) every provider of probation services operating within the area in pursuance of arrangements under section 3 of the Offender Management Act 2007 which provide for it to be a responsible authority under this section;

.

• (3) In that section, in subsection (1B)(b), after “substances” insert “ or of reducing re-offending ”.

• (4) In section 6 (duty to formulate and implement strategy) at the end of subsection (1)(b) insert

; and (c) a strategy for the reduction of re-offending in the area

.

• (5) In that section, in subsection (9)(c), after “disorder” insert “ or re-offending ”.

• (6) In section 17(1) (duty to consider crime and disorder implications etc) at the end insert

; and (c) re-offending in its area

.

Application of aspects of UK law to SOCA employees working abroad

109

In paragraph 20 of Schedule 1 to the Serious Organised Crime and Police Act 2005 (c.15) (SOCA not a Crown body)—

• (a) at the beginning insert “ (1) Subject to sub-paragraphs (2) to (4), ”, and

• (b) at the end insert—

(2) A member of SOCA's staff who is acting, or purporting to act, in the course of service as a member of SOCA's staff is to be treated, for the purposes of section 31(1) of the Criminal Justice Act 1948 (jurisdiction in respect of certain indictable offences committed in foreign countries), as a British subject employed under Her Majesty's Government in the United Kingdom in the service of the Crown who is acting, or purporting to act, in the course of the employment. (3) A member of SOCA's staff, so far as performing outside the United Kingdom in the course of employment with SOCA or another person duties as a member of SOCA's staff, is to be treated as having overseas Crown employment for the purposes of sections 26 to 28 of the Income Tax (Earnings and Pensions) Act 2003 (liability to income tax on earnings for employees who are resident but not ordinarily resident in the UK or who are not resident in the UK). (4) A member of SOCA's staff who is obliged to live outside the United Kingdom in order to perform duties as a member of SOCA's staff is to be treated as being in employment under the Crown for the purposes of section 299 of the Act of 2003 (no liability to income tax for Crown employees' foreign service allowances).

Partial exemption for SCDEA from Firearms Act 1968

110

In section 54(3) of the Firearms Act 1968 (c. 27) (police and other persons who are exempt from certain provisions of the Act and to whom other provisions apply with modifications), at the end of paragraph (c), insert

, or (d) a member of the Scottish Crime and Drug Enforcement Agency

.

Removal of limitation on warrants under Misuse of Drugs Act 1971

111

• (1) Section 23 of the Misuse of Drugs Act 1971 (c. 38) (powers to search and obtain evidence) is amended as follows.

• (2) In subsection (3) omit “acting for the police area in which the premises are situated”.

• (3) Omit subsection (5).

Part 9 — General

Minor and consequential amendments and repeals and revocations

112

• (1) Schedule 7 (which contains minor and consequential amendments and repeals and revocations of provisions which are superseded or no longer required or which have not been brought into force) has effect.

• (2) The provisions listed in Schedule 8 are repealed or revoked to the extent specified.

• (3) The Secretary of State may by order make such supplementary, incidental or consequential provision as the Secretary of State considers appropriate for the general purposes, or any particular purpose, of this Act or in consequence of any provision made by or under this Act or for giving full effect to this Act or any such provision.

• (4) The power conferred by subsection (3)—

• (a) is exercisable by statutory instrument, and

• (b) includes power to make transitional, transitory or saving provision.

• (5) The power conferred by this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (including this Act and any Act passed in the same Session as this Act).

• (6) An instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (7) Subsection (6) does not apply to an instrument containing an order under this section if the order does not amend or repeal a provision of a public general Act.

• (8) An instrument containing an order under this section to which subsection (6) does not apply is subject to annulment in pursuance of a resolution of either House of Parliament.

• (9) For the purposes of subsection (7), an amendment or repeal is not an amendment or repeal of a provision of a public general Act if it is an amendment or repeal of a provision which has been inserted (whether by substitution or otherwise) into such an Act by a local Act or by any other Act which is not a public general Act.

Transitional, transitory and saving provision

113

The Secretary of State may by order made by statutory instrument make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.

Financial provisions

114

The following are to be paid out of money provided by Parliament—

• (a) any expenditure incurred by virtue of this Act by a Minister of the Crown or government department, and

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

Extent

115

• (1) An amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked subject to—

• (a) subsections (2) to (6), and

• (b) any express limitation contained in Schedule 7 or 8.

• (2) The following provisions extend to England and Wales and Northern Ireland only—

• (a) section 21 and Schedule 2,

• (b) sections 22 to 25,

• (c) section 30,

• (d) section 97,

• (e) section 106.

• (3) The following provisions extend to England and Wales only—

• (a) section 10(2),

• (b) section 27 and Schedule 3,

• (c) Part 4,

• (d) sections 93, 94 and 95,

• (e) section 104(1) and (2) (so far as relating to the Football Spectators Act 1989 (c. 37)).

• (4) Section 102 extends to England and Wales, Scotland and Northern Ireland.

• (5) Section 104(1) and (2) (so far as relating to the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)) extends to Scotland only.

• (6) Subsections (1) and (3) to (5) of section 105 extend to Scotland and Northern Ireland and subsection (2) of that section extends to Scotland only.

Commencement

116

• (1) Subject as follows, this Act comes into force on such day as the Secretary of State may by order appoint.

• (1A) Subject to subsection (2A), the power to make provision by order under subsection (1) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).

• (2) Before making an order under subsection (1) relating to section 104 or 105, the Secretary of State (but not the Department of Justice) must obtain the consent of the Scottish Ministers.

• (2A) The power to make an order under subsection (1) relating to section 57 is exercisable by the Secretary of State only with the consent of the Department of Justice in Northern Ireland.

• (3) The following provisions come into force on such day as the Treasury may by order appoint—

• (a) section 98,

• (b) section 99 and Part 9 of Schedule 8 (and section 112(2) so far as relating to that Part), and

• (c) section 101.

• (4) Section 27, Schedule 3 and paragraph 23 of Schedule 7 come into force—

• (a) in relation to England, on such day as the Secretary of State may by order appoint, and

• (b) in relation to Wales, on such day as the Welsh Ministers may by order appoint.

• (5) The following provisions come into force on the day on which this Act is passed—

• (a) section 81,

• (b) section 100,

• (c) section 111 and Part 12 of Schedule 8 (and section 112(2) so far as relating to that Part), and

• (d) sections 112(3) to (9) and 113 to 115, this section and section 117.

• (6) The following provisions come into force at the end of the period of 2 months beginning with the day on which this Act is passed—

• (a) Part 13 of Schedule 7 (and section 112(1) so far as relating to that Part), and

• (b) Part 13 of Schedule 8 (and section 112(2) so far as relating to that Part).

• (7) Any power to make an order under this section—

• (a) may be exercised by statutory instrument (subject to subsection (8)),

• (b) may be exercised so as to appoint different days for different purposes or different areas,

• (c) includes power to make transitional, transitory or saving provision.

• (8) The power of the Department of Justice in Northern Ireland to make an order under subsection (1) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

Short title

117

This Act may be cited as the Policing and Crime Act 2009.

Schedule 1

Schedule 2

1

After Part 2 of the Sexual Offences Act 2003 (c. 42) insert the following new Part—

(136A) (1) This section applies for the purposes of this Part. (2) The specified prostitution offences are— (a) an offence under section 47 of this Act or Article 37 of the Sexual Offences (Northern Ireland) Order 2008 (“the Northern Ireland Order”); (b) an offence under section 48 of this Act, or Article 38 of the Northern Ireland Order, committed by causing or inciting a child to become a prostitute; (c) an offence under section 49 of this Act, or Article 39 of the Northern Ireland Order, committed by controlling the activities of a child relating to the child's prostitution; (d) an offence under section 50 of this Act, or Article 40 of the Northern Ireland Order, committed by arranging or facilitating a child's prostitution; (e) an offence under section 52 of this Act or Article 62 of the Northern Ireland Order; (f) an offence under section 53 of this Act or Article 63 of the Northern Ireland Order. (3) The specified pornography offences are— (a) an offence under section 48 of this Act, or Article 38 of the Northern Ireland Order, committed by causing or inciting a child to be involved in pornography; (b) an offence under section 49 of this Act, or Article 39 of the Northern Ireland Order, committed by controlling the activities of a child relating to the child's involvement in pornography; (c) an offence under section 50 of this Act, or Article 40 of the Northern Ireland Order, committed by arranging or facilitating a child's involvement in pornography. (4) Premises are being used for activities related to a specified prostitution offence— (a) in the case of an offence under section 47 of this Act or Article 37 of the Northern Ireland Order, at any time when the sexual services mentioned in subsection (1)(a) of that section or, as the case may be, paragraph (1)(a) of that Article are being provided on the premises, and (b) in the case of any other specified prostitution offence, at any time when the person in respect of whom the offence is committed is providing sexual services as a prostitute on the premises. (5) Premises are being used for activities related to a specified pornography offence at any time when the person in respect of whom the offence is committed is doing anything on the premises which enables an indecent image of himself or herself to be recorded. (6) Any reference to an offence under this Act includes a reference to— (a) an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 of which the corresponding civil offence (within the meaning of the Act in question) is such an offence; (b) an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is such an offence. (136B) (1) A member of a police force not below the rank of superintendent (“the authorising officer”) may authorise the issue of a closure notice in respect of any premises if three conditions are met. (2) The first condition is that the officer has reasonable grounds for believing that either subsection (3) or (4) (or both) applies. (3) This subsection applies if, during the relevant period, the premises were used for activities related to one or more specified prostitution offences. But this subsection does not apply if only one person obtained all of the sexual services in question (whether or not on a single occasion). (4) This subsection applies if, during the relevant period, the premises were used for activities related to one or more specified pornography offences. (5) In subsections (3) and (4), “the relevant period” means the period of 3 months ending with the day on which the officer is considering whether to authorise the issue of the notice. (6) The second condition is that the officer has reasonable grounds for believing that the making of a closure order under section 136D is necessary to prevent the premises being used for activities related to one or more specified prostitution or pornography offences. (7) The third condition is that the officer is satisfied— (a) that the local authority for the area in which the premises are situated has been consulted, and (b) that reasonable steps have been taken to establish the identity of any person who resides on the premises or who has control of or responsibility for or an interest in the premises. (8) For the purposes of the second condition, it does not matter whether the officer believes that the offence or offences in question have been committed or that they will be committed (or will be committed unless a closure order is made). (9) An authorisation under subsection (1) may be given orally or in writing, but if it is given orally the authorising officer must confirm it in writing as soon as it is practicable. (10) The issue of a closure notice may be authorised whether or not a person has been convicted of any specified prostitution or pornography offence that the authorising officer believes has been committed. (11) The Secretary of State may by regulations specify premises or descriptions of premises to which this section does not apply. (136C) (1) A closure notice must— (a) state that no-one other than a person who regularly resides on, or owns, the premises may enter or remain on them, (b) state that failure to comply with the notice amounts to an offence, (c) specify the offence or offences in respect of which the authorising officer considers that the first and second conditions in section 136B are met, (d) state that an application will be made under section 136D for the closure of the premises, (e) specify the date and time when, and the place at which, that application will be heard, and (f) explain the effects of an order under section 136D. (2) A closure notice must be served by a constable. (3) Service is effected by— (a) fixing a copy of the notice to at least one prominent place on the premises, (b) fixing a copy of the notice to each normal means of access to the premises, (c) fixing a copy of the notice to any outbuildings which appear to the constable to be used with or as part of the premises, and (d) giving a copy of the notice to the persons identified in pursuance of section 136B(7)(b) and to any other person appearing to the constable to be a person of a description mentioned in that provision. (4) A constable must also serve a copy of the notice on any person who occupies any other part of a building or other structure in which the premises are situated if, at the time of acting under subsection (3), the constable reasonably believes that the person's access to the other part of the building or structure will be impeded if a closure order is made. (5) Subsection (3)(d) or (4) does not require a constable to serve a copy of the notice on a person if it is not reasonably practicable to do so. (6) A constable acting under subsection (3) may enter any premises, using reasonable force if necessary, for the purpose of complying with subsection (3)(a) to (c). (7) A closure notice has effect until an application for a closure order is determined under section 136D. (8) But, if the hearing of an application for a closure order is adjourned, the closure notice ceases to have effect unless the court makes an order under section 136E(2). (136D) (1) If a closure notice has been issued, a constable must apply under this section to a magistrates' court for a closure order. (2) A closure order is an order that the premises in respect of which the order is made are closed to all persons for such period not exceeding 3 months as is specified in the order. (3) The application must be heard by the magistrates' court not later than 48 hours after the notice was served in pursuance of section 136C(3)(a). (4) The magistrates' court may make a closure order if three conditions are met. (5) The first condition is that the court is satisfied that either subsection (6) or subsection (7) (or both) applies. (6) This subsection applies if, during the relevant period, the premises were used for activities related to one or more specified prostitution offences. But this subsection does not apply if only one person obtained all of the sexual services in question (whether or not on a single occasion). (7) This subsection applies if, during the relevant period, the premises were used for activities related to one or more specified pornography offences. (8) In subsections (6) and (7), “the relevant period” means the period of 3 months ending with the day on which the issue of the closure notice was authorised. (9) The second condition is that the court is satisfied that the making of the closure order is necessary to prevent the premises being used for activities related to one or more specified prostitution or pornography offences during the period to be specified in the order. (10) The third condition is that the court is satisfied that— (a) before the issue of the closure notice was authorised, reasonable steps were taken to establish the identity of any person of a description mentioned in section 136B(7)(b), and (b) a constable complied with section 136C(3)(d) in relation to the persons so identified. (11) For the purposes of the second condition, it does not matter whether the court is satisfied that the offence or offences in question have been committed or that they will be committed (or will be committed unless a closure order is made). (12) A closure order may be made whether or not a person has been convicted of any specified prostitution or pornography offence that the court is satisfied has been committed. (136E) (1) The magistrates' court may adjourn the hearing of an application for a closure order for a period of not more than 14 days to enable any of the following to show why a closure order should not be made— (a) an occupier of the premises; (b) a person who has control of or responsibility for the premises; (c) any other person with an interest in the premises. (2) If the court adjourns the hearing, it may order that the closure notice continues in effect until the end of the period of the adjournment. (3) A closure order may include such provision as the court thinks appropriate relating to access to any other part of a building or other structure in which the premises are situated. (4) A closure order may be made in respect of the whole or any part of the premises in respect of which the closure notice was issued. (136F) (1) This section applies if a closure order is made. (2) A constable or an authorised person may— (a) enter the premises in respect of which the order is made; (b) do anything reasonably necessary to secure the premises against entry by any person. (3) A constable or an authorised person seeking to enter premises for the purposes of subsection (2) must, if required to do so by or on behalf of the owner, occupier or other person in charge of the premises, produce evidence of the constable's or (as the case may be) the authorised person's identity and authority before entering the premises. (4) A constable or an authorised person may also enter the premises at any time while the order has effect for the purpose of carrying out essential maintenance of, or repairs to, the premises. (5) A constable or an authorised person acting under subsection (2) or (4) may use reasonable force. (6) In this section “authorised person”— (a) in the application of this section to England and Wales, means a person authorised by the chief officer of police for the area in which the premises are situated; (b) in the application of this section to Northern Ireland, means a person authorised by the Chief Constable of the Police Service of Northern Ireland. (136G) (1) A person who remains on or enters premises in contravention of a closure notice commits an offence. (2) A person who remains on or enters premises in contravention of a closure order commits an offence. (3) A person does not commit an offence under subsection (1) or (2) if the person has a reasonable excuse for remaining on or entering the premises. (4) A person who obstructs a constable or an authorised person acting under section 136C(3) or (4) or 136F(2) or (4) commits an offence. (5) A person guilty of an offence under this section is liable on summary conviction— (a) to imprisonment for a period not exceeding 51 weeks, or (b) to a fine not exceeding level 5 on the standard scale, or to both. (6) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (7) In the application of this section to Northern Ireland— (a) the reference in subsection (5)(a) to 51 weeks is to be read as a reference to 6 months, and (b) subsection (6) is omitted. (8) In this section “authorised person” has the same meaning as in section 136F. (136H) (1) At any time before the end of the period for which a closure order is made or extended a constable may make a complaint to the appropriate judicial officer for an extension or further extension of the period for which it has effect. (2) A complaint may not be made under subsection (1) unless it is authorised by a member of a police force not below the rank of superintendent. (3) Authorisation may be given under subsection (2) if two conditions are met. (4) The first condition is that the officer has reasonable grounds for believing that it is necessary to extend the period for which the order has effect to prevent the premises being used for activities related to any of the specified prostitution or pornography offences in respect of which section 136D(9) applied. (5) The second condition is that the officer is satisfied that the local authority has been consulted about the intention to make a complaint. (6) If a complaint is made under subsection (1) the appropriate judicial officer may issue a summons directed to— (a) any person on whom the closure notice relating to the closed premises was served under section 136C(3)(d) or (4), or (b) any other person who appears to the judicial officer to have an interest in the closed premises but on whom the closure notice was not served, requiring such person to appear before the magistrates' court to answer to the complaint. (7) If a summons is issued in accordance with subsection (6), a notice stating the date and time when, and the place at which, the complaint will be heard must be served on— (a) the persons to whom the summons is directed, (b) such constable as the judicial officer thinks appropriate (unless the complainant is a constable), and (c) the local authority. (8) In this section “the appropriate judicial officer” means— (a) in the application of this section to England and Wales, a justice of the peace; (b) in the application of this section to Northern Ireland, a lay magistrate. (136I) (1) This section applies where a complaint is made under section 136H. (2) The court may make an order extending the period for which the closure order has effect by a period specified in the order if the court is satisfied that the extension is necessary to prevent the premises being used for activities related to any of the specified prostitution or pornography offences in respect of which section 136D(9) applied. (3) The period specified in the order may not exceed 3 months. (4) The total period for which a closure order has effect may not exceed 6 months. (5) An order under this section may include such provision as the court thinks appropriate relating to access to any other part of a building or other structure in which the premises are situated. (136J) (1) Any of the following persons may make a complaint to an appropriate judicial officer for an order that a closure order be discharged— (a) a constable; (b) the local authority; (c) a person on whom the closure notice relating to the closed premises was served under section 136C(3)(d) or (4); (d) any other person who has an interest in the closed premises but on whom the closure notice was not served. (2) If a complaint is made under subsection (1) by a person other than a constable the judicial officer may issue a summons directed to such constable as the judicial officer thinks appropriate requiring the constable to appear before the magistrates' court to answer to the complaint. (3) The court may not make an order discharging a closure order unless it is satisfied that the order is no longer necessary to prevent the premises being used for activities related to any of the specified prostitution or pornography offences in respect of which section 136D(9) applied. (4) If a complaint is made under subsection (1), a notice stating the date and time when, and the place at which, the complaint will be heard must be served on— (a) the persons mentioned in subsection (1)(c) and (d) (other than the complainant), (b) a constable (unless a constable is the complainant), and (c) the local authority (unless it is the complainant). (5) In this section “appropriate judicial authority” has the same meaning as in section 136H. (136K) (1) An appeal against an order under section 136D or 136I, or an appeal against a decision not to be make an order under section 136J, may be made to the appropriate appeal court by— (a) a person on whom the closure notice relating to the closed premises was served under section 136C(3)(d), or (b) any other person who has an interest in the closed premises but on whom the closure notice was not served. (2) An appeal against a decision of a court not to make an order under section 136D or 136I, or an appeal against an order under section 136J, may be made to the appropriate appeal court by— (a) a constable, or (b) the local authority. (3) An appeal under subsection (1) or (2) must be made before the end of the period of 21 days beginning with the day on which the order or decision is made. (4) On an appeal under this section the court may make such order as it thinks appropriate. (5) In this section “the appropriate appeal court” means— (a) in the application of this section to England and Wales, the Crown Court; (b) in the application of this section to Northern Ireland, a county court. (136L) (1) This section applies to any person who occupies or has an interest in any part of a building or other structure— (a) in which closed premises are situated, and (b) in respect of which the closure order does not have effect. (2) A person to whom this section applies may at any time while a closure order has effect apply to— (a) the magistrates' court in respect of an order made under section 136D or 136I, or (b) the appropriate appeal court in respect of an order made by that court under section 136K. (3) If an application is made under this section notice of the date and time when, and the place at which, the hearing to consider the application will take place must be given to— (a) a constable, (b) the local authority. (c) each person on whom the closure notice relating to the closed premises was served under section 136C(3)(d) or (4), and (d) any other person who appears to the court to have an interest in the closed premises but on whom the closure notice was not served. (4) On an application under this section the court may make such order as it thinks appropriate in relation to access to any other part of a building or other structure in which the closed premises are situated. (5) It is immaterial whether any provision has been made as mentioned in section 136E(3) or 136I(5). (6) In this section “appropriate appeal court” has the same meaning as in section 136K. (136M) (1) A police authority or a local authority which incurs expenditure for the purpose of clearing, securing, repairing or maintaining closed premises may apply to the court which made the closure order for an order under this section. (2) On an application under this section, the court may make such order as it thinks appropriate in the circumstances for the reimbursement (in full or in part) by the owner of the premises of the expenditure mentioned in subsection (1). (3) An application under this section must not be entertained unless it is made before the end of the period of three months beginning with the day the closure order ceases to have effect. (4) An application under this section must be served on— (a) the police authority for the area in which the premises are situated, if the application is made by the local authority, (b) the local authority, if the application is made by a police authority, and (c) the owner of the premises. (5) In the application of this section to Northern Ireland references to the police authority are to be read as references to the Northern Ireland Policing Board. (136N) (1) A constable is not liable for relevant damages in respect of anything done or omitted to be done by the constable in the performance or purported performance of the constable's functions under this Part. (2) A chief officer of police who has direction or control of a constable is not liable for relevant damages in respect of anything done or omitted to be done by the constable in the performance or purported performance of the constable's functions under this Part. (3) An authorised person is not liable for relevant damages in respect of anything done or omitted to be done by the authorised person in the performance or purported performance of the authorised person's functions under this Part. (4) No person is vicariously liable for anything done or omitted to be done by an authorised person as mentioned in subsection (3). (5) Subsections (1) to (4) do not apply— (a) if the act or omission is shown to have been in bad faith; (b) so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998. (6) This section does not affect any other exemption from liability for damages (whether at common law or otherwise). (7) In this section— (a) “authorised person” has the same meaning as in section 136F; (b) “relevant damages” means damages in proceedings for judicial review or for the tort of negligence or misfeasance in public office. (8) In the application of this section to Northern Ireland, the reference in subsection (2) to the chief officer of police is to be read as a reference to the Chief Constable of the Police Service of Northern Ireland. (136O) (1) A person who claims to have incurred financial loss in consequence of a closure notice or closure order may apply for compensation. (2) The application must be made— (a) to the appropriate appeal court, if the closure order was made or extended by an order of that court on an appeal under section 136K; (b) in any other case, to the magistrates' court which considered the application for a closure order. (3) In a case where a closure notice is issued but a closure order is not made, the application must not be entertained unless it is made before the end of the period of three months beginning with— (a) the day the magistrates' court decides not to make a closure order, or (b) if there is an appeal against that decision, the day the appropriate appeal court dismisses that appeal. (4) In a case where a closure order is made, the application must not be entertained unless it is made before the end of the period of three months beginning with the day the closure order ceases to have effect. (5) The court which hears the application may order the payment of compensation out of central funds if it is satisfied— (a) that the person was not associated with the use of the premises for the activities in relation to which the first condition in section 136B was met, (b) if the person is the owner or occupier of the premises, that the person took reasonable steps to prevent that use, (c) that the person has incurred financial loss as mentioned in subsection (1), and (d) having regard to all the circumstances it is appropriate to order payment of compensation in respect of that loss. (6) In this section— (a) “appropriate appeal court” has the same meaning as in section 136K; (b) “central funds” has the same meaning as in enactments providing for the payment of costs. (7) In the application of this section to Northern Ireland— (a) the reference in subsection (5) to “central funds” is to be read as a reference to monies provided by Parliament, and (b) subsection (6)(b) is omitted. (136P) (1) The Secretary of State may issue guidance relating to the discharge of any functions under or for the purposes of this Part by a constable or by an authorised person (within the meaning of section 136F). (2) A person discharging a function to which guidance under this section relates must have regard to the guidance in discharging the function. (136Q) (1) The Secretary of State may by order amend this Part so as to extend the power to authorise the issue of a closure notice to persons other than members of police forces. (2) An order under subsection (1) may make such further amendments of this Part as the Secretary of State thinks appropriate in consequence of the extension of that power to persons other than members of police forces. (136R) (1) This section applies for the purposes of this Part. (2) “A closure notice” means a notice issued under section 136B. (3) “A closure order” means— (a) an order made under section 136D; (b) an order extended under section 136I; (c) an order made or extended under section 136K which has the like effect as an order made or extended under section 136D or 136I (as the case may be). (4) “Closed premises” means premises in respect of which a closure order has effect. (5) “Local authority”, in relation to England, means— (a) a district council; (b) a London borough council; (c) a county council for an area for which there is no district council; (d) the Common Council of the City of London in its capacity as a local authority; (e) the Council of the Isles of Scilly. (6) “Local authority”, in relation to Wales, means— (a) a county council; (b) a county borough council. (7) “Local authority”, in relation to Northern Ireland, means a district council. (8) In the application of this Part to England and Wales, references to the local authority in relation to— (a) any premises, (b) a closure notice relating to any premises, or (c) a closure order relating to any premises, are references to the local authority for the area in which the premises are situated. (8A) In the application of this Part to Northern Ireland, references to the Secretary of State are to be read as references to the Department of Justice in Northern Ireland. (9) In the application of this Part to Northern Ireland, references to the local authority in relation to— (a) any premises, (b) a closure notice relating to any premises, or (c) a closure order relating to any premises, are references to the council for the district in which the premises are situated. (10) In the application of this Part to Northern Ireland, the reference in section 136B(7)(a) to the area is to be read as a reference to the district. (11) “The owner”, in relation to premises, means— (a) a person who, whether alone or jointly with another person, is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion (apart from a mortgagee not in possession); (b) a person who, whether alone or jointly with another person, holds or is entitled to the rents and profits of the premises under a lease which (when granted) was for a term of not less than 3 years. (12) “Premises” includes— (a) any land or other place (whether enclosed or not); (b) any outbuildings which are, or are used as, part of the premises. (13) “Specified prostitution offence” means an offence listed in section 136A(2). (14) “Specified pornography offence” means an offence listed in section 136A(3).

2

In section 138 of that Act (orders and regulations), in subsections (2) and (6)for “or section 130” substitute “ , section 130 or section 136Q(1) ”.

3

In section 142 of that Act (extent), in subsection (2)(c) for “Part 2” substitute “ Parts 2 and 2A ”.

Schedule 3

Effect of section 27: cases where no existing resolutions passed

1

A resolution made on or after the coming into force of section 27 by a local authority under section 2 of the 1982 Act that Schedule 3 to that Act is to apply to the area of the local authority applies to that Schedule as amended by section 27.

Effect of section 27: cases where existing resolutions in force

2

• (1) Sub-paragraph (2) applies if a local authority has, before the coming into force of section 27, resolved under section 2 of the 1982 Act that Schedule 3 to that Act is to apply to the area of the local authority.

• (2) The amendments made by section 27 do not apply to the area of the local authority concerned and the resolution concerned does not apply to the Schedule as amended by section 27 but the local authority may resolve that the Schedule as amended by section 27 is to apply to their area.

• (3) Section 2 of the 1982 Act has effect in relation to a resolution under sub-paragraph (2) that Schedule 3 to that Act as amended by section 27 is to apply to the area of a local authority as section 2 of that Act has effect in relation to any resolution under that section that the Schedule is to apply to the area of a local authority.

• (4) The definition of “the appropriate authority” in paragraph 5 of Schedule 3 to the 1982 Act has effect as if the reference to a resolution under section 2 of that Act included a reference to a resolution under sub-paragraph (2).

Power to make transitional provision on adoption of Schedule 3 to the 1982 Act as amended

3

• (1) The relevant national authority may by order make such transitional, transitory or saving provision as the relevant national authority considers appropriate in connection with the coming into force, in consequence of a resolution of a local authority under section 2 of the 1982 Act or paragraph 2(2) above, of Schedule 3 to that Act as amended by section 27.

• (2) An order under this paragraph may, in particular, make different provision from that made by paragraphs 28 and 29 of Schedule 3 to that Act (and may accordingly provide for those paragraphs not to apply).

• (3) The power of the relevant national authority under this paragraph—

• (a) is exercisable by statutory instrument,

• (b) may be exercised so as to make different provision for different purposes or different areas,

• (c) includes power to make supplementary, incidental or consequential provision.

Duty to consult about adopting Schedule 3 to the 1982 Act as amended

4

• (1) Sub-paragraph (2) applies if a local authority has not made a resolution under section 2 of the 1982 Act or (as the case may be) paragraph 2(2) above within the period of one year beginning with the coming into force of section 27.

• (2) The local authority must, as soon as reasonably practicable, consult local people about whether the local authority should make such a resolution.

• (3) In sub-paragraph (2) “local people” means persons who live or work in the area of the local authority.

Interpretation

5

In this Schedule—

• “the 1982 Act” means the Local Government (Miscellaneous Provisions) Act 1982 (c. 30),

• “relevant national authority” means—in relation to England, the Secretary of State, andin relation to Wales, the Welsh Ministers,

• “local authority” has the same meaning as in Part 2 of the 1982 Act (see section 2(5) of that Act);

and references in this Schedule to the coming into force of section 27 are references to the coming into force of that section for purposes other than the purposes of the Secretary of State or the Welsh Ministers making orders.

Schedule 4

Part 1 — Premises licences

Types of mandatory conditions

1

After section 19(3) of the Licensing Act 2003 (c. 17) (mandatory conditions where licence authorises supply of alcohol) insert—

(4) The other conditions are any conditions specified in an order under section 19A and applicable to the premises licence.

Power of Secretary of State to impose section 19(4) mandatory conditions

2

After section 19 of that Act insert—

(19A) (1) The Secretary of State may by order specify conditions relating to the supply of alcohol and applicable to all relevant premises licences or relevant premises licences of a particular description if the Secretary of State considers it appropriate to do so for the promotion of the licensing objectives. (2) The number of conditions in force by virtue of subsection (1) in relation to all relevant premises licences and the number of conditions in force by virtue of that subsection in relation to relevant premises licences of particular descriptions must not (when added together) exceed at any time nine. (3) An order under subsection (1) may— (a) relate to existing or future relevant premises licences, (b) specify conditions which involve, or consist of, the exercise of a discretion by any person. (4) Any conditions specified by an order under subsection (1) in relation to existing relevant premises licences are to be treated as— (a) included in those licences from the coming into force of the order, and (b) overriding any conditions already included in those licences (“the existing conditions”) so far as they are— (i) identical to the existing conditions, or (ii) inconsistent with, and more onerous than, the existing conditions. (5) Any conditions included, or treated as included, in relevant premises licences by virtue of section 19(4) and this section cease to have effect so far as they cease to be specified under this section in relation to those licences. (6) Any conditions treated as mentioned in subsection (4)(b) cease to be so treated so far as they cease to be specified under this section in relation to the relevant premises licences concerned. (7) So far as conditions cease to be treated as mentioned in subsection (4)(b), the existing conditions revive. (8) Subsections (5) to (7) are subject to any alternative transitional or saving provision made by the order revoking the specification. (9) In this section— - “existing relevant premises licence”, in relation to an order, means a relevant premises licence granted before the coming into force of the order and in effect, or capable of having effect, on its coming into force, - “future relevant premises licence”, in relation to an order, means a relevant premises licence granted on or after the coming into force of the order, - “relevant premises licence” means a premises licence authorising the supply of alcohol.

Part 2 — Club premises certificates

Mandatory conditions relating to the supply of alcohol to members or guests

3

After section 73 of the Licensing Act 2003 (c. 17) (certificate authorising supply of alcohol for consumption off the premises) insert—

(73A) Where a club premises certificate authorises the supply of alcohol to members or guests, the certificate must include any conditions specified in an order under section 73B and applicable to the certificate.

Power of Secretary of State to impose section 73A mandatory conditions

4

After section 73A of that Act (as inserted by paragraph 3 above) insert—

(73B) (1) The Secretary of State may by order specify conditions relating to the supply of alcohol to members or guests and applicable to all relevant club premises certificates or relevant club premises certificates of a particular description if the Secretary of State considers it appropriate to do so for the promotion of the licensing objectives. (2) The number of conditions in force by virtue of subsection (1) in relation to all relevant club premises certificates and the number of conditions in force by virtue of that subsection in relation to relevant club premises certificates of particular descriptions must not (when added together) exceed at any time nine. (3) An order under subsection (1) may— (a) relate to existing or future relevant club premises certificates, (b) specify conditions which involve, or consist of, the exercise of a discretion by any person. (4) Any conditions specified by an order under subsection (1) in relation to existing relevant club premises certificates are to be treated as— (a) included in those certificates from the coming into force of the order, and (b) overriding any conditions already included in those certificates (“the existing conditions”) so far as they are— (i) identical to the existing conditions, or (ii) inconsistent with, and more onerous than, the existing conditions. (5) Any conditions included, or treated as included, in relevant club premises certificates by virtue of section 73A and this section cease to have effect so far as they cease to be specified under this section in relation to those certificates. (6) Any conditions treated as mentioned in subsection (4)(b) cease to be so treated so far as they cease to be specified under this section in relation to the relevant club premises certificates concerned. (7) So far as conditions cease to be treated as mentioned in subsection (4)(b), the existing conditions revive. (8) Subsections (5) to (7) are subject to any alternative transitional or saving provision made by the order revoking the specification. (9) In this section— - “existing relevant club premises certificate”, in relation to an order, means a relevant club premises certificate granted before the coming into force of the order and in effect, or capable of having effect, on its coming into force, - “future relevant club premises certificate”, in relation to an order, means a relevant club premises certificate granted on or after the coming into force of the order, - “relevant club premises certificate” means a club premises certificate authorising the supply of alcohol to members or guests.

Schedule 5

Introductory

1

• (1) The provisions of this Schedule apply where the court has power to remand a person under section 43(5) or 44(4).

• (2) In this Schedule, “the court” means the High Court, the county court or a youth court and includes—

• (a) in relation to the High Court, a judge of that court, ...

• (b) in relation to the county court, a judge ... of that court, and

• (c) in relation to a youth court, a judge of that court.

Remand in custody or on bail

2

• (1) The court may—

• (a) in the case of a person aged 18 or over remand the person in custody, that is, commit the person to custody to be brought before the court at the end of the period of remand or at such earlier time as the court may require, or

• (b) remand the person on bail.

• (2) The court may remand the person on bail—

• (a) by taking from the person a recognizance, with or without sureties, conditioned as provided in paragraph 3, or

• (b) by fixing the amount of the recognizances with a view to their being taken subsequently and, in the meantime, committing the person to custody as mentioned in sub-paragraph (1)(a).

• (3) Where a person is brought before the court after remand, the court may further remand the person.

3

• (1) Where a person is remanded on bail, the court may direct that the person's recognizance be conditioned for the person's appearance—

• (a) before that court at the end of the period of remand, or

• (b) at every time and place to which during the course of the proceedings the hearing may from time to time be adjourned.

• (2) Where a recognizance is conditioned for a person's appearance as mentioned in sub-paragraph (1)(b), the fixing of any time for the person next to appear is to be treated as a remand.

• (3) Nothing in this paragraph affects the power of the court at any subsequent hearing to remand the person afresh.

4

• (1) The court may not remand a person for a period exceeding 8 clear days unless—

• (a) the person is remanded on bail, and

• (b) both that person and the person who applied for the injunction consent to a longer period.

• (2) Where the court has power to remand a person in custody it may, if the remand is for a period not exceeding 3 clear days, commit the person to the custody of a constable.

Further remand

5

• (1) If the court is satisfied that a person who has been remanded is unable by reason of illness or accident to appear or be brought before the court at the expiration of the period of remand, the court may, in the absence of the person, further remand the person.

• (2) The power mentioned in sub-paragraph (1) may, in the case of a person who was remanded on bail, be exercised by enlarging the person's recognizance and those of any sureties for the person to a later time.

• (3) Where a person remanded on bail is bound to appear before the court at any time and the court has no power to remand the person under sub-paragraph (1), the court may (in the person's absence) enlarge the person's recognizance and those of any sureties for the person to a later time.

• (4) The enlargement of the person's recognizance is to be treated as a further remand.

• (5) Paragraph 4(1) (limit of remand) does not apply to the exercise of the powers conferred by this paragraph.

Postponement of taking recognizance

6

Where under paragraph 2(2)(b) the court fixes the amount in which the principal and the sureties, if any, are to be bound, the recognizance may afterwards be taken by such person as may be prescribed by rules of court, with the same consequences as if it had been entered into before the court.

Requirements imposed on remand on bail

7

The court may when remanding a person on bail under this Schedule require the person to comply, before release on bail or later, with such requirements as appear to the court to be necessary to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice.

Schedule 6

Part 1 — Amendments

1

Part 3 of the Aviation Security Act 1982 (c. 36) (policing of aerodromes) has effect subject to the following amendments.

2

Omit section 25 (designated airports) and the cross-heading before it.

3

Omit section 25A (consultation about policing of designated airports).

4

Before section 25B (police services agreements) insert—

(25AA) (1) In this Part, “relevant aerodrome” means an aerodrome to which Part 2A applies (other than an aerodrome specified in an order under subsection (2)). (2) The Secretary of State may by order provide that a specified aerodrome to which Part 2A applies is not a relevant aerodrome for the purposes of this Part. (3) In subsection (2) “specified” means specified in the order. (4) 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.

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For section 25B substitute—

(25B) (1) There must be a police services agreement in force in relation to a relevant aerodrome at any time when an aerodrome security plan containing policing measures is in force in relation to the aerodrome. (2) The requirement in subsection (1) does not apply during the period of 3 months beginning with the day when the first aerodrome security plan for the aerodrome is agreed by the members of the security executive group for the aerodrome. (3) A police services agreement is an agreement between the relevant persons which specifies— (a) the level of policing to be provided for the aerodrome in accordance with section 26(2A) during the period for which the agreement is in force, (b) whether any payments are to be made by the manager of the aerodrome in connection with that policing and, if so, the amount of the payments or the manner in which their amount is to be assessed, and (c) the accommodation and facilities (if any) that are to be provided by the manager in connection with that policing. (4) The relevant persons are— (a) the manager of the aerodrome, (b) the police authority for the relevant police area, and (c) the chief officer of police for that area. (5) If the Secretary of State so requests, the manager of a relevant aerodrome must supply the Secretary of State with a copy of any police services agreement which is in force in relation to the aerodrome. (6) In this section, “policing measures”, in relation to an aerodrome security plan, means the security measures specified in the plan as the measures to be taken by the chief officer of police for the relevant police area. (25C) (1) A police services agreement must specify the period for which it is to be in force. (2) In the case of the first police services agreement for the aerodrome, the period specified must— (a) begin on the day when the requirement in section 25B(1) first applies in relation to the aerodrome, 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 police services agreement other than one to which subsection (5) applies, 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) Subsection (5) applies if— (a) there is a period during which an aerodrome security plan in force in relation to the aerodrome contains no policing measures (and, accordingly, the requirement in section 25B(1) does not apply in relation to the aerodrome), but (b) the plan is varied to include such measures. (5) The first police services agreement following the variation must— (a) begin on the day when the variation comes into effect (and, accordingly, the requirement in section 25B(1) again applies in relation to the aerodrome), and (b) end on either the 31 March next following that day or on any subsequent 31 March specified in the plan. (6) If there is a dispute about the policing of a relevant aerodrome which relates to a police services agreement which is not in force, the Secretary of State may direct that the agreement is to come into force at the beginning of a day other than that specified in subsection (2)(a), (3)(a) or (5)(a). (25D) The relevant persons— (a) must keep a police services agreement under review, and (b) may vary it. (25E) (1) In determining the terms of a police services agreement, and in exercising their functions under section 25D, the relevant persons must, in particular, have regard to the matters specified in subsection (2). (2) Those matters are— (a) any aerodrome security plan which specifies that policing measures are to be taken in relation to the aerodrome during the whole or any part of the period for which the police services agreement will be in force, (b) any information given to the relevant persons by the security executive group for the aerodrome which is relevant to the police services agreement, (c) the extent, if any, to which the costs incurred by the police authority in connection with the policing provided for the aerodrome are, or are likely to be, met by any person other than the manager of the aerodrome, and (d) any guidance given by the Secretary of State which is relevant to the discharge by the relevant persons of their functions in relation to police services agreements. (3) A chief officer of police may authorise another person to exercise any of the officer's functions under this Part in relation to police services agreements. (4) In this section, “policing measures” has the same meaning as in section 25B.

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