Legalize / United Kingdom / Public General Act

Policing and Crime Act 2009

Type Public General Act

Publication 2009-11-12

Last updated 2020-12-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 11

Reform history JSON API

(1) Section 26 (exercise of police functions) is amended as follows.

(2) In the heading for “at designated airports” substitute “ at relevant aerodromes ”.

(3) In subsection (1) for “a designated airport” substitute “ a relevant aerodrome ”.

(4) In subsection (2A) —

(a) for “an aerodrome which is a designated airport” substitute “ a relevant aerodrome ”,

(b) omit the word “and” at the end of paragraph (a),

(d) after paragraph (b) insert

; and (c) any aerodrome security plan for the aerodrome.

(5) In subsection (2C) for “an aerodrome which is a designated airport” substitute “ a relevant aerodrome ”.

(6) After subsection (2C) insert—

(2CA) Unless the aerodrome was a designated airport immediately before the commencement of section 80 of the Policing and Crime Act 2009, subsection (2C) does not apply in relation to any time before the end of the period of 3 months beginning with the day on which an aerodrome security plan is first required to be in force in relation to the aerodrome (by virtue of section 24AE(1)).

(7) For subsection (2E) substitute—

(2E) For the purposes of subsection (2A)(b) a measure is taken in relation to the aerodrome for security purposes if it is taken for a purpose to which Part 2 applies or otherwise for the purpose of preventing crime or preserving the peace at the aerodrome.

7

(1) Section 27 (prevention of theft) is amended as follows.

(2) In the heading for “at designated airports” substitute “ at relevant aerodromes ”.

(3) In subsection (2)(a) for “an aerodrome which is a designated airport” substitute “ a relevant aerodrome ”.

8

(1) Section 28 (byelaws) is amended as follows.

(2) In the heading for “designated airports” substitute “ relevant aerodromes ”.

(3) In subsection (1) for “a designated airport” substitute “ a relevant aerodrome ”.

(4) In subsection (2) for “any aerodrome which is a designated airport” substitute “ any relevant aerodrome ”.

9

(1) Section 29 (control of road traffic) is amended as follows.

(2) In the heading for “at designated airports” substitute “ at relevant aerodromes ”.

(3) In subsection (1) for “a designated airport” substitute “ a relevant aerodrome ”.

(4) In subsection (2) for “a designated airport” substitute “ a relevant aerodrome ”.

10

For sections 29A to 29D substitute—

(29A) (1) A relevant person may refer a dispute about the policing of a relevant aerodrome to the Secretary of State. (2) For the purposes of this section and sections 29B to 29D, there is a dispute about the policing of a relevant aerodrome if— (a) there is a dispute between any of the relevant persons about the terms to be included in a police services agreement and, in consequence, there is, or there is likely to be, a breach of the requirement imposed by section 25B(1), (b) there is a dispute between any of the relevant persons about whether or how a police services agreement should be varied, (c) there is a dispute between any of the relevant persons about the construction or operation of a police services agreement which is or has been in force in relation to the aerodrome, or (d) there is a dispute between any of the relevant persons about the payments to be made, or the accommodation and facilities to be provided, under section 26(2C). (3) For the purposes of subsection (2)(c) or (d), it does not matter whether the aerodrome is a relevant aerodrome when the dispute arises. (29B) (1) This section applies where— (a) a dispute about the policing of a relevant aerodrome is referred to the Secretary of State under section 29A, or (b) although no such reference is made, the Secretary of State thinks that there is a dispute about the policing of a relevant aerodrome. (2) The Secretary of State may require any relevant person 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 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. (29C) (1) This section applies where the Secretary of State is determining a dispute about the policing of a relevant aerodrome. (2) The Secretary of State must give the relevant persons an opportunity to make representations. (3) If the dispute falls within section 29A(2)(a) or (b), the Secretary of State must have regard to the matters mentioned in section 25E(2). (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 relevant person to provide such information as the Secretary of State may specify to— (a) the Secretary of State, or (b) another relevant person. (6) Subsection (7) applies if, in determining a dispute about the policing of a relevant aerodrome, the Secretary of State— (a) provides information to a relevant person, or (b) requires a relevant person to provide information to another relevant person. (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. (29D) (1) This section applies where the Secretary of State has considered a dispute about the policing of a relevant aerodrome. (2) Where the dispute is within section 29A(2)(a), the Secretary of State— (a) must make a declaration as to the terms which are to have effect as the terms of a police services agreement between the relevant persons, and (b) may make an order as to costs. (3) Where a declaration is made under subsection (2)(a), references in this Part to a police services agreement are to have effect, so far as necessary, as references to the terms which the declaration provides are to have effect as the terms of a police services agreement. (4) Where the dispute is within section 29A(2)(b), the Secretary of State may— (a) make a declaration varying the police services agreement; (b) determine that the manager of the aerodrome is obliged to pay to the police authority for the relevant police area a specified sum or a sum to be assessed in a specified manner; (c) determine that the police authority for the relevant police area is obliged to pay to the manager of the aerodrome a specified sum or a sum to be assessed in a specified manner; (d) determine that the manager of the aerodrome is obliged to provide specified accommodation and facilities for use in connection with the policing provided for the aerodrome; (e) make an order as to costs. (5) Where the dispute is within section 29A(2)(c), the Secretary of State may— (a) make a declaration as to how any term of the police services agreement is to be construed; (b) make a declaration as to how any term of the agreement is to be, or ought to have been, operated; (c) make a declaration varying the agreement; (d) determine that the manager of the aerodrome is obliged to pay to the police authority for the relevant police area a specified sum or a sum to be assessed in a specified manner; (e) determine that the police authority for the relevant police area is obliged to pay to the manager of the aerodrome a specified sum or a sum to be assessed in a specified manner; (f) determine that the manager of the aerodrome is obliged to provide specified accommodation and facilities for use in connection with the policing provided for the aerodrome; (g) make an order as to costs. (6) Where the dispute is within section 29A(2)(d), the Secretary of State may— (a) determine that the manager of the aerodrome is obliged to pay to the police authority for the relevant police area a specified sum or a sum to be assessed in a specified manner; (b) determine that the police authority for the relevant police area is obliged to pay to the manager of the aerodrome a specified sum or a sum to be assessed in a specified manner; (c) determine that the manager of the aerodrome is obliged to provide specified accommodation and facilities for use in connection with the policing provided for the aerodrome; (d) make an order as to costs. (7) In this section, “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 of the relevant persons. (29E) (1) A relevant person may appeal to the High Court against— (a) any requirement imposed on the person under section 29B(3), or (b) any declaration, determination or order of the Secretary of State under section 29D. (2) Any requirement imposed under section 29B(3) or 29C(7), and any declaration, determination or order made under section 29D 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.

11

Omit section 30 (supplementary orders).

12

(1) Section 31 (interpretation etc.) is amended as follows.

(2) In subsection (1)—

(a) after the definition of aerodrome constabulary insert—

(b) omit the definition of “designated airport”,

(d) in the definition of “police services agreement” for “section 29D(7)” substitute “ section 29D(3) ”,

(e) after the definition of “police services agreement” insert—

(f) in the definition of “relevant persons”, for “section 25B(10)” substitute “ section 25B(4) ”, and

(g) after the definitions of “relevant police area” and “relevant constable” insert—

(3) After subsection (1) insert—

(1A) If an aerodrome ceases to be a relevant aerodrome, but subsequently becomes such an aerodrome again, this Part applies in relation to the aerodrome with the following modifications— (a) section 25B(2) applies as if the reference to the first aerodrome security plan were a reference to the first aerodrome security plan after the time when the aerodrome becomes a relevant aerodrome again, (b) section 25C applies as if the reference in subsection (2) to the first police services agreement were a reference to the first police services agreement after the time when the aerodrome becomes a relevant aerodrome again, and (c) section 26(2CA) applies as if the reference to the time when an aerodrome security plan is first required to be in force were a reference to the time when an aerodrome security plan is first required to be in force by virtue of the aerodrome becoming a relevant aerodrome again.

(4) For subsection (2) substitute—

(2) In the application of this Part to Scotland— (a) references to the chief officer of police for the relevant police area shall be construed 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 shall, 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), be construed as references to that joint police board.

(5) In subsection (3)(a) for “the references in section 25(1) of this Act and” substitute “ the reference in ”.

13

In section 39 (extension of Act outside United Kingdom), in subsection (3), after “provisions of” (in the words in brackets) insert “ Part 2A or ”.

Part 2 — Transitional and saving provision

Transitional provision for designated airports

14

(1) This paragraph applies in relation to an aerodrome if, immediately before commencement, the aerodrome was a designated airport.

(2) In relation to any time before a police services agreement is required to be in force in relation to the aerodrome by virtue of the amendments made by paragraph 5 of this Schedule, section 25B(2) to (6) and (8) to (10) of the 1982 Act (as it had effect immediately before commencement) continues to apply in relation to the aerodrome as if it continued to be a designated airport.

(3) For the purposes of any police services agreement which is required to be in force by virtue of sub-paragraph (2), other than one which was entered into before commencement, section 25A of the 1982 Act (as it had effect immediately before commencement) continues to apply in relation to the aerodrome as if it continued to be a designated airport.

(4) In the following provisions of this paragraph, a police services agreement which is required to be in force in relation to an aerodrome by virtue of sub-paragraph (2) is referred to as a designated airport police services agreement.

(5) A designated airport police services agreement ceases to be in force immediately before a police services agreement is required to be in force in relation to the aerodrome by virtue of the amendments made by paragraph 5 of this Schedule (unless the designated airport police services agreement has previously ceased to be in force).

(6) Except as provided by sub-paragraph (5), nothing in Part 1 of this Schedule affects the operation of a designated airport police services agreement or the application of the following provisions of the 1982 Act in relation to such an agreement—

(a) section 26(2B);

(b) section 29A(1), (2)(a) and (3) and sections 29B to 29D.

(7) So far as is necessary for the purposes of this paragraph, section 31 of the 1982 Act (as it had effect immediately before commencement) continues to have effect.

(8) In this paragraph—

(a) “commencement” means the commencement of section 80;

(b) “the 1982 Act” means the Aviation Security Act 1982 (c. 36).

Repeal of section 30 of the 1982 Act

15

(1) The repeal of section 30 of the 1982 Act by paragraph 11 of this Schedule does not affect—

(a) the validity of an order made under that section (“a section 30 order”) before commencement, or

(b) the operation of subsections (4) and (5) of that section in relation to such an order.

(2) In relation to any time on or after commencement, any reference in a provision of a section 30 order to a designated airport is (if that provision is capable of having continuing effect) to be read as a reference to a relevant aerodrome.

(3) In this paragraph “commencement” and “the 1982 Act” have the same meanings as in paragraph 14.

Schedule 7

Part 1 — Police collaboration

Police Act 1996 (c. 16)

1

The Police Act 1996 is amended as follows.

2

In section 9A (general functions of the Commissioner of Police of the Metropolis) after subsection (1) insert—

(1A) Subsection (1) is subject to any provision included in a police force collaboration agreement by virtue of section 23(4).

3

In section 10 (general functions of chief constables) after subsection (1) insert—

(1A) Subsection (1) is subject to any provision included in a police force collaboration agreement by virtue of section 23(4).

4

In section 15(2) (direction and control of civilian employees) after “, subject to” insert “ any provision included in a police force collaboration agreement by virtue of section 23(4) and to ”.

5

In section 18 (supply of goods and services) after subsection (2) insert—

(3) A police authority may not enter into an agreement with another police authority under section 1 of the 1970 Act in respect of a matter which could be the subject of a police authority collaboration agreement.

6

In section 27(2) (special constables) after “Subject to” insert “ provision included in a police force collaboration agreement by virtue of section 23(4), ”.

7

In section 30 (jurisdiction)—

(a) in subsection (3A) for “section 23 or 24” substitute “ section 24 ”, and

(b) after subsection (3A) insert—

(3B) Where a member of the British Transport Police Force is for the time being under the direction and control of the chief officer of another police force by virtue of a police force collaboration agreement under section 23, the member shall have all the powers and privileges of a member of that other force. (3C) In subsection (3B), “police force” and “chief officer” have the meanings given by section 23I.

Railways and Transport Safety Act 2003 (c. 20)

8

The Railways and Transport Safety Act 2003 is amended as follows.

9

In section 24 (constables of the British Transport Police Force) after subsection (4) insert—

(5) Subsection (2) is subject to any provision included in a police force collaboration agreement by virtue of section 23(4) of the Police Act 1996.

10

In section 27 (employees of the British Transport Police Authority) after subsection (2) insert—

(3) Subsection (2) is subject to any provision included in a police force collaboration agreement by virtue of section 23(4) of the Police Act 1996.

Energy Act 2004 (c. 20)

11

In section 55 of the Energy Act 2004 (members of the Civil Nuclear Constabulary) after subsection (4) insert—

(5) Subsection (2) is subject to any provision included in a police force collaboration agreement by virtue of section 23(4) of the Police Act 1996.

Part 2 — Police authorisations in respect of communications data

12

The Regulation of Investigatory Powers Act 2000 (c. 23) is amended as follows.

13

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14

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15

In section 49(1)(c) (protected information coming into person's possession by virtue of authorisation or notice) after “section 22(3)” insert “ “, (3B) or (3F)” ”.

16

In section 58(1)(g) (persons subject to duty of disclosure to Interception of Communications Commissioner) after “section 22(3)” insert “ “, (3B) or (3F)” ”.

17

In section 68(7)(g) (persons subject to duty of disclosure to Tribunal) after “section 22(3)” insert “ , (3B) or (3F)” ”.

Part 3 — Sexual offences and sex establishments

Children and Young Persons Act 1969 (c. 54)

18

(1) Section 32 of the Children and Young Persons Act 1969 (detention of absentees) is amended as follows.

(2) In subsection (1A)—

(a) after paragraph (a) insert—

(aa) from a place of safety to which he has been taken under paragraph 9(3) of the Schedule to the Street Offences Act 1959; or

, and

(b) at the end of paragraph (b)(ii) insert—

(iia) to which he has been remanded under paragraph 10 of the Schedule to the Street Offences Act 1959; or

(3) In subsection (1C)—

(a) after paragraph (a) insert—

(aa) the person who made the arrangements under paragraph 9(3) of the Schedule to the Street Offences Act 1959;

(b) in paragraph (b) for “that Act” substitute “ the Criminal Justice and Immigration Act 2008 ”, and

(ca) the authority designated under paragraph 10(5) of the Schedule to the Street Offences Act 1959; or

(4) In subsection (2A) for “(1A)(a) or (b)(i) or (ii)” substitute “ (1A)(a), (aa) or (b)(i), (ii) or (iia) ”.

(5) The amendments made by this paragraph extend to England and Wales, Scotland and Northern Ireland only.

Bail Act 1976 (c. 63)

19

In section 4 of the Bail Act 1976 (general right to bail of accused persons), in subsection (3) omit the word “or” at the end of paragraph (a) and after paragraph (b) insert

, or (c) the Schedule to the Street Offences Act 1959 (breach of orders under section 1(2A) of that Act).

Child Abduction Act 1984 (c. 37)

20

In the Schedule to the Child Abduction Act 1984 (modifications of section 1 in certain cases) in paragraph 2—

(a) omit the word “or” at the end of sub-paragraph (1)(a) and insert—

(aa) detained in a place of safety under paragraph 9(3) of the Schedule to the Street Offences Act 1959; or

, and

(b) at the end of sub-paragraph (1)(b) insert

; or (ba) remanded to local authority accommodation under paragraph 10 of the Schedule to the Street Offences Act 1959.

Children Act 1989 (c. 41)

21

In section 21 of the Children Act 1989 (provision for accommodation for children in detention or on remand etc.), in subsection (2), omit the word “or” at the end of paragraph (c)(ii) and insert—

(iia) remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 10 of the Schedule to the Street Offences Act 1959 (breach of orders under section 1(2A) of that Act);

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

22

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Licensing Act 2003 (c. 17)

23

In Part 2 of Schedule 1 to the Licensing Act 2003 (activities which are not regulated entertainment) after paragraph 11 insert—

(11A) is not to be regarded as the provision of regulated entertainment for the purposes of this Act. (1) The provision of relevant entertainment— (a) at premises for which a licence for a sexual entertainment venue is required (or the requirement has been waived) by virtue of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982, and (b) of a kind, and in a way, by virtue of which the premises qualify as such a venue, (2) The provision of relevant entertainment— (a) at premises which are subject to a licence for a sexual entertainment venue but are not such a venue merely because of the operation of paragraph 2A(3)(b) of Schedule 3 to the Act of 1982, and (b) of a kind, and in a way, by virtue of which the premises would qualify as such a venue but for the operation of that paragraph, is not to be regarded as the provision of regulated entertainment for the purposes of this Act. (3) The provision of entertainment consisting of the performance of live music or the playing of recorded music is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it is an integral part of such provision of relevant entertainment as falls within sub-paragraph (1) or (2). (4) The provision of entertainment facilities is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it is for the purposes of such provision of entertainment as falls within sub-paragraph (1), (2) or (3). (5) In this paragraph— - “premises” has the meaning given by paragraph 2A(14) of Schedule 3 to the Act of 1982; - “relevant entertainment” has the meaning given by paragraph 2A(2) of that Schedule to that Act; - “sexual entertainment venue” has the meaning given by paragraph 2A(1) of that Schedule to that Act.

Sexual Offences Act 2003 (c. 42)

24

In section 54 of the Sexual Offences Act 2003 (meaning of “gain”, “prostitute” and “prostitution”)—

(a) in subsection (1) for “sections 52 and 53” substitute “ sections 52, 53 and 53A ”,

(b) in subsection (2) for “those sections” substitute “ sections 51A, 52, 53 and 53A ”,

(3) In section 53A “payment” has the meaning given by section 51(3).

, and

(d) in the heading for “sections 52 and 53” substitute “ sections 51A to 53A ”.

25

(1) Schedule 5 to that Act (other offences in respect of which power to make sexual offences prevention order applies) is amended as follows.

(2) After paragraph 60 insert—

(60ZA) An offence under section 53 or 54 of the Regulation of Investigatory Powers Act 2000 (contravention of notice relating to encrypted information or tipping off in connection with such a notice).

(3) After paragraph 106 insert—

(106A) An offence under section 53 or 54 of the Regulation of Investigatory Powers Act 2000 (contravention of notice relating to encrypted information or tipping off in connection with such a notice).

(4) After paragraph 168 insert—

(168ZA) An offence under section 53 or 54 of the Regulation of Investigatory Powers Act 2000 (contravention of notice relating to encrypted information or tipping off in connection with such a notice).

Sexual Offences (Northern Ireland) Order 2008 (S.I. 1769 (N.I. 2))

26

In Article 58 of the Sexual Offences (Northern Ireland) Order 2008—

(a) in paragraph (3) omit “In paragraph (2),”,

(b) omit paragraph (6), and

Part 4 — Alcohol misuse other than mandatory licensing conditions

27

In the Police Reform Act 2002 (c. 30), in paragraph 6 of Schedule 4 and paragraph 5 of Schedule 5—

(a) after “subsection (1)” insert “ or (1AA) ”, and

(b) for “subsections (1) and (4) (but not the reference in subsection (5) (arrest))” substitute “ subsections (1), (1AA) and (4) (but not the reference in subsection (1AB) (removal)) ”.

28

(1) In the Police (Northern Ireland) Act 2003 (c. 6), paragraph 6 of Schedule 2A is amended as follows.

(2) In sub-paragraph (1)—

(a) after “subsection (1)” insert “ or (1AA) ”, and

(b) for “subsections (1) and (4) (but not the reference in subsection (5) (arrest))” substitute “ subsections (1), (1AA) and (4) (but not the reference in subsection (1AB) (removal)) ”.

(3) In sub-paragraph (2) for “section 1(1)” substitute “ section 1(1AA) ”.

Part 5 — Mandatory licensing conditions relating to alcohol

29

The Licensing Act 2003 (c. 17) is amended as follows.

30

In section 24(2)(f) (form of premises licence) for “has effect” substitute “ is issued ”.

31

In section 25A(6) (grant of premises licence: supply of alcohol from community premises) for “(4)” substitute “(5)”.

32

In section 35(7) (determination of application to vary premises licence) for “19, 20 and 21” substitute “ 19 to 21 ”.

33

In section 41D(5) (variation of premises licence: supply of alcohol from community premises) for “(4)” substitute “(5)”.

34

In section 52(5) (determination of application for review of premises licence) for “19, 20 and 21” substitute “ 19 to 21 ”.

35

In section 52A(3) (review: supply of alcohol from community premises) for “20 and 21” substitute “ 19(4) and 19A to 21 ”.

36

In section 53C(5) (summary reviews of premises licences) for “19, 20 and 21” substitute “ 19 to 21 ”.

37

(1) Section 57 (duty to keep and produce licence) is amended as follows.

(2) In the heading after “licence” insert “ etc. ”.

(3) In subsection (2) for “is” substitute “ and a list of any relevant mandatory conditions applicable to the licence are ”.

(4) In subsection (5)—

(a) after “it)” insert “ or a list of relevant mandatory conditions ”, and

(b) after “copy)” insert “ or the list ”.

(5) In subsection (7) after “of a premises licence” insert “ or a list of relevant mandatory conditions ”.

(6) After subsection (10) insert—

(11) In this section “relevant mandatory conditions”, in relation to a premises licence, means conditions applicable to the licence by virtue of section 19(4) or 19A.

38

In section 72(2)(b) and (4)(a)(ii) (determination of application for club premises certificate) after “to (5)” insert “ , 73A ”.

39

In section 78(2)(e) (form of club premises certificate) for “has effect” substitute “ is issued ”.

40

In section 85(7) (determination of application to vary club premises certificate)—

(a) for “and 74” substitute “ to 74 ”, and

(b) for the words from “supply” to “premises” substitute “ alcohol ”.

41

In section 88(5) (determination of application for review of club premises certificate)—

(a) for “and 74” substitute “ to 74 ”, and

(b) for the words from “supply” to “premises” substitute “ alcohol ”.

42

(1) Section 94 (duty to keep and produce certificate) is amended as follows.

(2) In the heading after “certificate” insert “ etc. ”.

(3) In subsection (2) for “is” substitute “ and a list of any relevant mandatory conditions applicable to the certificate are ”.

(4) In subsection (7) after “copy)” insert “ or any list of relevant mandatory conditions ”.

(5) In subsection (9) after “of a club premises certificate” insert “ or a list of relevant mandatory conditions ”.

(6) After subsection (12) insert—

(13) In this section “relevant mandatory conditions”, in relation to a club premises certificate, means conditions applicable to the certificate by virtue of section 73A or 73B.

43

In section 167(7) (review of premises licence following closure order) for “19, 20 and 21” substitute “ 19 to 21 ”.

44

(1) Section 197 (regulations and orders) is amended as follows.

(2) After subsection (3)(a) (exceptions to negative procedure) insert—

(aa) an order under section 19A or 73B (orders in relation to mandatory licensing conditions),

(3) In subsection (4) (affirmative procedure for orders) for “subsection (3)(b)” substitute “ subsection (3)(aa), (b), ”.

Part 6 — Proceeds of crime: confiscation

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))

45

(1) Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (proceedings for which legal aid may be given under Article 9) is amended as follows.

(2) In paragraph 2A(1) (certain proceedings in Crown Court) after paragraph (c) insert—

(ca) proceedings which relate to a direction under section 215D;

(3) In paragraph 3 (proceedings in a court of summary jurisdiction)—

(a) in sub-paragraph (j) after “sections” insert “195M,”, and

(b) after that sub-paragraph insert—

(ja) proceedings for the discharge or variation of an order under section 195M of the Proceeds of Crime Act 2002; (jb) proceedings which relate to a direction under section 215D of the Proceeds of Crime Act 2002;

Bankruptcy (Scotland) Act 1985 (c. 66)

46

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47

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48

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49

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50

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51

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52

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Insolvency Act 1986 (c. 45)

53

The Insolvency Act 1986 is amended as follows.

54

(1) Section 306A (property subject to restraint order) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (b) for “section 50, 128 or 198” substitute “section 50, 67A, 128, 131A, 198 or 215A”, and

(b) after paragraph (c) insert

, and (d) immediately after the discharge of the restraint order the property is not detained under or by virtue of section 44A, 47J, 122A, 127J, 193A or 195J of that Act.

(3) For subsection (2) substitute—

(2) The property vests in the trustee as part of the bankrupt's estate.

55

After section 306A insert—

(306AA) (1) This section applies where— (a) property is excluded from the bankrupt's estate by virtue of section 417(2)(b) of the Proceeds of Crime Act 2002 (property detained under certain provisions), (b) no order is in force in respect of the property under section 41, 50, 120, 128, 190 or 198 of that Act, and (c) the property is released. (2) The property vests in the trustee as part of the bankrupt's estate.

56

In section 306B(1)(a) (property in respect of which receivership or administration order is made) for “section 417(2)(b), (c) or (d)” substitute “section 417(2)(c)”.

57

After section 306B insert—

(306BA) (1) This section applies where— (a) property is excluded from the bankrupt's estate by virtue of section 417(2)(d) of the Proceeds of Crime Act 2002 (property in respect of which an order has been made authorising realisation of the property by an appropriate officer), (b) a confiscation order is made under section 6, 92 or 156 of that Act, (c) the amount payable under the confiscation order is fully paid, and (d) any of the property remains in the hands of the appropriate officer. (2) The property vests in the trustee as part of the bankrupt's estate.

58

(1) Section 306C (property subject to certain orders where confiscation order discharged or quashed) is amended as follows.

(2) In subsection (1)(a) for the words from “in respect” to “force” substitute “excluded from bankrupt's estate”.

(3) For subsection (2) substitute—

(2) Any such property vests in the trustee as part of the bankrupt's estate if it is in the hands of— (a) a receiver appointed under Part 2 or 4 of that Act, (b) an administrator appointed under Part 3 of that Act, (c) an appropriate officer (within the meaning of section 41A, 120A or 190A of that Act).

Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))

59

The Insolvency (Northern Ireland) Order 1989 is amended as follows.

60

(1) Article 279A (property subject to restraint order) is amended as follows.

(2) In paragraph (1)—

(a) in sub-paragraph (b) for “section 50, 128 or 198” substitute “section 50, 67A, 128, 131A, 198 or 215A”, and

(b) after sub-paragraph (c) insert “, and

(d) immediately after the discharge of the restraint order the property is not detained under or by virtue of section 44A, 47J, 122A, 127J, 193A or 195J of that Act.

(3) For paragraph (2) substitute—

(2) The property vests in the trustee as part of the bankrupt's estate.

61

After Article 279A insert—

(279AA) (1) This Article applies where— (a) property is excluded from the bankrupt's estate by virtue of section 423(2)(b) of the Proceeds of Crime Act 2002 (property detained under certain provisions), (b) no order is in force in respect of the property under section 41, 50, 120, 128, 190 or 198 of that Act, and (c) the property is released. (2) The property vests in the trustee as part of the bankrupt's estate.

62

In Article 279B(1)(a) (property in respect of which receivership or administration order is made) for “section 423(2)(b), (c) or (d)” substitute “section 423(2)(c)”.

63

After Article 279B insert—

(279BA) (1) This Article applies where— (a) property is excluded from the bankrupt's estate by virtue of section 423(2)(d) of the Proceeds of Crime Act 2002 (property in respect of which an order has been made authorising realisation of the property by an appropriate officer), (b) a confiscation order is made under section 6, 92 or 156 of that Act, (c) the amount payable under the confiscation order is fully paid, and (d) any of the property remains in the hands of the appropriate officer. (2) The property vests in the trustee as part of the bankrupt's estate.

64

(1) Article 279C (property subject to certain orders where confiscation order discharged or quashed) is amended as follows.

(2) In paragraph (1)(a) for the words from “in respect” to “force” substitute “excluded from the bankrupt's estate”.

(3) For paragraph (2) substitute—

(2) Any such property vests in the trustee as part of the bankrupt's estate if it is in the hands of— (a) a receiver appointed under Part 2 or 4 of that Act, (b) an administrator appointed under Part 3 of that Act, (c) an appropriate officer (within the meaning of section 41A, 120A or 190A of that Act).

Access to Justice Act 1999 (c. 22)

65

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

Proceeds of Crime Act 2002 (c. 29)

66

The Proceeds of Crime Act 2002 is amended as follows.

67

In section 69(1) (exercise of powers of court and receiver) for “67” substitute “67D”.

68

In section 85 (proceedings: England and Wales) for subsection (7) substitute—

(7) Any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored for the purposes of subsection (6).

69

In section 87(2) (definition of confiscation order subject to appeal: England and Wales) omit the words from “; and for” to the end.

70

After section 87 insert—

(87A) (1) The following rule applies for the purposes of construing any provision of this Part which refers to there being no further possibility of— (a) an appeal against a decision of a court, or (b) an appeal on which an order of a court could be varied or quashed. (2) Any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored.

71

In section 132(1) (exercise of powers of court and administrator) for “131” substitute “131D”.

72

In section 153(2) (definition of confiscation order subject to appeal: Scotland) omit the words from “; and for” to the end.

73

After section 153 insert—

(153A) (1) The following rule applies for the purposes of construing any provision of this Part which refers to there being no further possibility of— (a) an appeal against (or review of) a decision of a court, or (b) an appeal on which an order of a court could be varied or quashed. (2) Any power— (a) to allow an appeal (or review) out of time, or (b) to extend the time for applying for leave to appeal, must be ignored.

74

In section 217(1) (exercise of powers of court and receiver) for “215” substitute “215D”.

75

In section 233 (proceedings: Northern Ireland) for subsection (7) substitute—

(7) Any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored for the purposes of subsection (6).

76

In section 235(2) (definition of confiscation order subject to appeal: Northern Ireland) omit the words from “; and for” to the end.

77

After section 235 insert—

(235A) (1) The following rule applies for the purposes of construing any provision of this Part which refers to there being no further possibility of— (a) an appeal against a decision of a court, or (b) an appeal on which an order of a court could be varied or quashed. (2) Any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored.

78

In section 308 (recoverable property: exceptions) after subsection (8) insert—

(8A) Property is not recoverable while it is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P.

79

In section 417 (property excluded from estate of person adjudged bankrupt in England and Wales) for subsection (2) substitute—

(2) The following property is excluded from the person's estate for the purposes of Part 9 of the 1986 Act— (a) property for the time being subject to a restraint order which was made under section 41, 120 or 190 before the order adjudging the person bankrupt; (b) property for the time being detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P; (c) property in respect of which an order under section 50, 128(3) or 198 is in force; (d) property in respect of which an order under section 67A, 131A or 215A is in force.

80

(1) Section 418 (restriction of powers where person adjudged bankrupt in England and Wales) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (a) for “67” substitute “67B, the powers conferred on an appropriate officer by section 47C”,

(b) in paragraph (b) after “Schedule 3” insert “, the powers conferred on an appropriate officer by section 127C”, and

(3) In subsection (3) after paragraph (e) insert—

(f) in a case where a confiscation order has been made under section 6, 92 or 156 of this Act, any sums remaining in the hands of an appropriate officer after the amount required to be paid under the confiscation order has been fully paid under section 67D(2)(c), 131D(2)(c) or 215D(2)(c).

81

(1) Section 419 (tainted gifts by person adjudged bankrupt in England and Wales) is amended as follows.

(2) In subsection (2)—

(a) after paragraph (a) insert—

(aa) such property is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P,

, and

(b) after paragraph (b) insert

, or (c) there is in force in respect of such property an order under section 67A, 131A or 215A.

(3) In subsection (3) for “subsection (2)(a) or (b)” substitute “subsection (2)(a), (b) or (c)”.

82

In section 420 (property excluded from the debtor‘s estate where sequestration in Scotland) for subsection (2) substitute—

(2) The following property is excluded from the debtor's estate for the purposes of the 1985 Act— (a) property for the time being subject to a restraint order which was made under section 41, 120 or 190 before the award of sequestration; (b) property for the time being detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P; (c) property in respect of which an order under section 50, 128(3) or 198 is in force; (d) property in respect of which an order under section 67A, 131A or 215A is in force.

83

(1) Section 421 (restriction of powers where award of sequestration) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (a) for “67” substitute “67B, the powers conferred on an appropriate officer by section 47C”,

(b) in paragraph (b) after “Schedule 3” insert “, the powers conferred on an appropriate officer by section 127C”, and

(3) In subsection (3) after paragraph (e) insert—

(f) in a case where a confiscation order has been made under section 6, 92 or 156 of this Act, any sums remaining in the hands of an appropriate officer after the amount required to be paid under the confiscation order has been fully paid under section 67D(2)(c), 131D(2)(c) or 215D(2)(c).

84

(1) Section 422 (tainted gifts by person whose estate is sequestrated in Scotland) is amended as follows.

(2) In subsection (2)—

(a) after paragraph (a) insert—

(aa) such property is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P,

, and

(b) after paragraph (b) insert

, or (c) there is in force in respect of such property an order under section 67A, 131A or 215A.

(3) In subsection (3) for “subsection (2)(a) or (b)” substitute “subsection (2)(a), (b) or (c)”.

85

In section 423 (property excluded from estate of person adjudged bankrupt in Northern Ireland) for subsection (2) substitute—

(2) The following property is excluded from the person's estate for the purposes of Part 9 of the 1989 Order— (a) property for the time being subject to a restraint order which was made under section 41, 120 or 190 before the order adjudging the person bankrupt; (b) property for the time being detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P; (c) property in respect of which an order under section 50, 128(3) or 198 is in force; (d) property in respect of which an order under section 67A, 131A or 215A is in force.

86

(1) Section 424 (restriction of powers where person adjudged bankrupt in Northern Ireland) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (a) for “67” substitute “67B, the powers conferred on an appropriate officer by section 47C”,

(b) in paragraph (b) after “Schedule 3” insert “, the powers conferred on an appropriate officer by section 127C”, and

(3) In subsection (3) after paragraph (e) insert—

(f) in a case where a confiscation order has been made under section 6, 92 or 156 of this Act, any sums remaining in the hands of an appropriate officer after the amount required to be paid under the confiscation order has been fully paid under section 67D(2)(c), 131D(2)(c) or 215D(2)(c).

87

(1) Section 425 (tainted gifts by person who is adjudged bankrupt in Northern Ireland) is amended as follows.

(2) In subsection (2)—

(a) after paragraph (a) insert—

(aa) such property is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P,

, and

(b) after paragraph (b) insert

, or (c) there is in force in respect of such property an order under section 67A, 131A or 215A.

(3) In subsection (3) for “subsection (2)(a) or (b)” substitute “subsection (2)(a), (b) or (c)”.

88

(1) Section 426 (winding up under the Insolvency Act 1986) is amended as follows.

(2) For subsection (2) substitute—

(2) If an order for the winding up of a company is made or it passes a resolution for its voluntary winding up, the functions of the liquidator (or any provisional liquidator) are not exercisable in relation to the following property— (a) property for the time being subject to a restraint order which was made under section 41, 120 or 190 before the relevant time; (b) property for the time being detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P; (c) property in respect of which an order under section 50, 128(3) or 198 is in force; (d) property in respect of which an order under section 67A, 131A or 215A is in force.

(3) In subsection (5)—

(a) in paragraph (a) for “67” substitute “67B, the powers conferred on an appropriate officer by section 47C”,

(b) in paragraph (b) after “Schedule 3” insert “, the powers conferred on an appropriate officer by section 127C”, and

89

(1) Section 427 (tainted gifts by company: winding up in England and Wales or Scotland) is amended as follows.

(2) In subsection (3)—

(a) after paragraph (a) insert—

(aa) such property is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P,

, and

(b) after paragraph (b) insert

, or (c) there is in force in respect of such property an order under section 67A, 131A or 215A.

(3) In subsection (4) for “subsection (3)(a) or (b)” substitute “subsection (3)(a), (b) or (c)”.

90

(1) Section 428 (winding up under the Insolvency (Northern Ireland) Order 1989) is amended as follows.

(2) For subsection (2) substitute—

(2) If an order for the winding up of a company is made or it passes a resolution for its voluntary winding up, the functions of the liquidator (or any provisional liquidator) are not exercisable in relation to the following property— (a) property for the time being subject to a restraint order which was made under section 41, 120 or 190 before the relevant time; (b) property for the time being detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P; (c) property in respect of which an order under section 50, 128(3) or 198 is in force; (d) property in respect of which an order under section 67A, 131A or 215A is in force.

(3) In subsection (5)—

(a) in paragraph (a) for “67” substitute “67B, the powers conferred on an appropriate officer by section 47C”,

(b) in paragraph (b) after “Schedule 3” insert “, the powers conferred on an appropriate officer by section 127C”, and

91

(1) Section 429 (tainted gifts by company: winding up in Northern Ireland) is amended as follows.

(2) In subsection (3)—

(a) after paragraph (a) insert—

(aa) such property is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P,

, and

(b) after paragraph (b) insert

, or (c) there is in force in respect of such property an order under section 67A, 131A or 215A.

(3) In subsection (4) for “subsection (3)(a) or (b)” substitute “subsection (3)(a), (b) or (c)”.

92

(1) Section 430 (restriction of powers where company holds property subject to floating charge) is amended as follows.

(2) For subsection (2) substitute—

(2) If a company holds property which is subject to a floating charge, and a receiver has been appointed by or on the application of the holder of the charge, the functions of the receiver are not exercisable in relation to the following property— (a) property for the time being subject to a restraint order which was made under section 41, 120 or 190 before the relevant time; (b) property for the time being detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P; (c) property in respect of which an order under section 50, 128(3) or 198 is in force; (d) property in respect of which an order under section 67A, 131A or 215A is in force.

(3) In subsection (5)—

(a) in paragraph (a) for “67” substitute “67B, the powers conferred on an appropriate officer by section 47C”,

(b) in paragraph (b) after “Schedule 3” insert “, the powers conferred on an appropriate officer by section 127C”, and

93

(1) Section 432 (insolvency practitioners) is amended as follows.

(2) After subsection (6) insert—

(6A) Subsection (7) also applies if— (a) property is detained under or by virtue of section 44A, 47J, 47K, 47M, 47P, 122A, 127J, 127K, 127M, 127P, 193A, 195J, 195K, 195M or 195P, (b) a person acting as an insolvency practitioner incurs expenses which are not ones in respect of the detained property, and (c) the expenses are ones which (but for the effect of the detention of the property) might have been met by taking possession of and realising the property.

(3) For subsection (7) substitute—

(7) Whether or not the insolvency practitioner has seized or disposed of any property, the insolvency practitioner is entitled to payment of the expenses under— (a) section 54(2), 55(3) or 67D(2) if the restraint order was made under section 41 or (as the case may be) the property was detained under or by virtue of section 44A, 47J, 47K, 47M or 47P, (b) section 130(3), 131(3) or 131D(2) if the restraint order was made under section 120 or (as the case may be) the property was detained under or by virtue of section 122A, 127J, 127K, 127M or 127P, and (c) section 202(2), 203(3) or 215D(2) if the restraint order was made under section 190 or (as the case may be) the property was detained under or by virtue of section 193A, 195J, 195K, 195M or 195P.

94

In section 453A(5) (offences in relation to financial investigators) for paragraph (a) substitute—

(a) sections 47C to 47F or 195C to 195F (powers to seize and search for realisable property);

95

(1) Section 459 (orders and regulations) is amended as follows.

(2) In subsection (4)(a) (orders not subject to negative procedure: Secretary of State etc.)—

(a) after “section” insert “41A(5), 47S(4),”, and

(b) after “75(7) or (8),” insert “190A(5), 195S(4),”.

(3) In subsection (6)(a) (orders subject to affirmative procedure: Secretary of State etc.)—

(a) after “section” insert “41A(5), 47S(4),”, and

(b) after “75(7) or (8),” insert “190A(5), 195S(4),”.

Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))

96

(1) Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (civil legal services: excluded services) is amended as follows.

(2) In paragraph 2(d) (proceedings in a court of summary jurisdiction in which representation may be funded)—

(a) in paragraph (xii) after “section” insert “195M,”, and

(b) after paragraph (xiii) insert—

(xiv) for the discharge or variation of an order under section 195M of the Proceeds of Crime Act 2002, or (xv) which relate to a direction under section 215D of the Proceeds of Crime Act 2002,

(3) In paragraph 3 (certain Crown Court proceedings in which representation may be funded) after paragraph (c) insert—

(ca) proceedings which relate to a direction under section 215D;

Part 7 — Proceeds of crime: forfeiture of detained cash

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))

97

In paragraph 3(j) of Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (proceedings in a court of summary jurisdiction in respect of which legal aid may be given under Article 9) after “295, 297,” insert “ 297E, 297F, ”.

Access to Justice Act 1999 (c. 22)

98

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

Proceeds of Crime Act 2002 (c. 29)

99

The Proceeds of Crime Act 2002 is amended as follows.

100

In section 7 (recoverable amount for the purpose of confiscation orders: England and Wales) in subsection (4) for the words from “any property” to the end substitute

the following must be ignored— (a) any property in respect of which a recovery order is in force under section 266, (b) any property which has been forfeited in pursuance of a forfeiture notice under section 297A, and (c) any property in respect of which a forfeiture order is in force under section 298(2).

101

(1) Section 82 (definition of “free property”) is amended as follows.

(2) At the beginning insert—

(1) Property is free unless it falls within subsection (2) or (3).

(3) The existing text becomes subsection (2).

(4) In that subsection for “Property is free unless” substitute “ Property falls within this subsection if ”.

(5) At the end insert—

(3) Property falls within this subsection if— (a) it has been forfeited in pursuance of a forfeiture notice under section 297A; (b) it is detained under section 297C or 297D.

102

In section 93 (recoverable amount for the purpose of confiscation orders: Scotland) in subsection (4) for the words from “any property” to the end substitute

the following must be ignored— (a) any property in respect of which a recovery order is in force under section 266, (b) any property which has been forfeited in pursuance of a forfeiture notice under section 297A, and (c) any property in respect of which a forfeiture order is in force under section 298(2).

103

(1) Section 148 (definition of “free property”) is amended as follows.

(2) At the beginning insert—

(1) Property is free unless it falls within subsection (2) or (3).

(3) The existing text becomes subsection (2).

(4) In that subsection for “Property is free unless” substitute “ Property falls within this subsection if ”.

(5) At the end insert—

(3) Property falls within this subsection if— (a) it has been forfeited in pursuance of a forfeiture notice under section 297A; (b) it is detained under section 297C or 297D.

104

In section 157 (recoverable amount for the purpose of confiscation orders: Northern Ireland) in subsection (4) for the words from “any property” to the end substitute

the following must be ignored— (a) any property in respect of which a recovery order is in force under section 266, (b) any property which has been forfeited in pursuance of a forfeiture notice under section 297A, and (c) any property in respect of which a forfeiture order is in force under section 298(2).

105

(1) Section 230 (definition of “free property”) is amended as follows.

(2) At the beginning insert—

(1) Property is free unless it falls within subsection (2) or (3).

(3) The existing text becomes subsection (2).

(4) In that subsection for “Property is free unless” substitute “ Property falls within this subsection if ”.

(5) At the end insert—

(3) Property falls within this subsection if— (a) it has been forfeited in pursuance of a forfeiture notice under section 297A; (b) it is detained under section 297C or 297D.

106

In section 278 (limit on recovery by recovery order) after subsection (6) insert—

(6A) If— (a) recoverable property is forfeited in pursuance of a forfeiture notice under section 297A, and (b) the enforcement authority subsequently seeks a recovery order in respect of related property, the forfeiture notice is to be treated for the purposes of this section as if it were a recovery order obtained by the enforcement authority in respect of the forfeited property.

107

In section 300(1) (application of cash forfeited by court under section 298) for “this Chapter” substitute “ section 298 ”.

108

(1) Section 301 (victims and other owners: application for release of cash) is amended as follows.

(2) In subsection (4)(c) for the words from “the conditions” to “that section” substitute “ the release condition is met ”.

(3) After subsection (4) insert—

(5) The release condition is met— (a) in relation to cash detained under section 295, if the conditions in that section for the detention of the cash are no longer met, (b) in relation to cash detained under section 297C or 297D, if the cash is not recoverable property and is not intended by a person for use in unlawful conduct, and (c) in relation to cash detained under 298, if the court or sheriff decides not to make an order under that section in relation to the cash.

109

(1) Section 302 (compensation) is amended as follows.

(2) For subsection (1) substitute—

(1) If cash detained under this Chapter was seized in England, Wales or Northern Ireland the person to whom the cash belongs or from whom it was seized may make an application to a magistrates' court for compensation if— (a) the cash is not forfeited in pursuance of a forfeiture notice, and (b) no forfeiture order is made in respect of the cash. (1A) If cash detained under this Chapter was seized in Scotland the person to whom the cash belongs or from whom it was seized may make an application to the sheriff for compensation if no forfeiture order is made in respect of the cash.

(3) After subsection (7B) insert—

(7C) If any cash is detained under this Chapter and part only of the cash is forfeited in pursuance of a forfeiture notice, this section has effect in relation to the other part.

110

In section 341(3A)(a) and (b) (definition of detained cash investigation) for “section 295” substitute “ that Chapter ”.

111

In paragraph 3(3) of Schedule 10 (capital gains tax) after “under section” insert “ 297C or ”.

Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))

112

In paragraph 2(d)(xii) of Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (civil legal services: proceedings in a court of summary jurisdiction in which representation may be funded) after “295, 297,” insert “ 297E, 297F, ”.

UK Borders Act 2007 (c. 30)

113

In section 24(2)(c) of the UK Borders Act 2007 (application of Chapter 3 of Part 5 of the Proceeds of Crime Act 2002 in relation to immigration officers) for “section 290” substitute “ sections 290 and 297A ”.

Part 8 — Proceeds of crime: detained cash investigations

114

In section 18 of the Civil Jurisdiction and Judgments Act 1982 (c. 27) (enforcement of UK judgments in other parts of UK), in subsection (2)—

(a) in paragraph (f)—

(i) omit “or a detained cash investigation”, and

(ii) for “meanings” substitute “ meaning ”, and

(b) after paragraph (f) insert—

(g) an order made, or a warrant issued, under Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 for the purposes of a detained cash investigation within the meaning given by section 341 of that Act;

115

In section 64 of the Criminal Justice and Police Act 2001 (c. 16) (meaning of “appropriate judicial authority”), in subsection (3)(aa), omit “or a detained cash investigation”.

116

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

Part 9 — Extradition

117

In section 185(5) of the Extradition Act 2003 (c. 41) (limit on fees and expenses) after “amount” insert “ allowed ”.

Part 10 — Criminal records

118

In section 119 of the Police Act 1997 (c. 50) (sources of information) for subsection (1A) substitute—

(1A) The Secretary of State may require the Independent Safeguarding Authority to make available specified information for the purpose of enabling the Secretary of State to carry out functions under this Part in relation to— (a) any application for a certificate or for registration; or (b) the determination of whether a person should continue to be a registered person.

Part 11 — Border controls

119

(1) Section 141 of Criminal Justice Act 1988 (c. 33) (offensive weapons) is amended as follows.

(2) Omit subsection (4) (prohibition on importation).

(3) In subsections (5) and (8) omit—

(a) paragraph (b), and

(b) the “or” immediately before that paragraph.

(4) In subsection (11A), as inserted by the Violent Crime Reduction Act 2006 (c. 38), omit—

(a) paragraph (b), and

(b) the “or” immediately before that paragraph.

(5) In subsection (11A), as inserted by the Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17), omit “Subject to subsection (11C),”.

(6) In subsection (11D), as inserted by the Violent Crime Reduction Act 2006—

(a) in paragraph (a) omit “or from the prohibition in subsection (4) above”, and

(b) in paragraph (b) omit “, or for an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979,”.

(7) Omit subsections (11C) to (11E) as inserted by the Custodial Sentences and Weapons (Scotland) Act 2007.

120

In section 289(8) of the Proceeds of Crime Act 2002 (c. 29) (recovery of cash in summary proceedings: intimate searches) after “1979 (c. 2))” insert “ but see section 164A of that Act (additional Revenue and Customs powers to search for cash) ”.

Part 12 — Football spectators

121

In section 33 of the Serious Organised Crime and Police Act 2005 (c. 15) (disclosure of information by SOCA), at the end of subsection (2)(e) insert “or sections 104 to 106 of the Policing and Crime Act 2009”.

Part 13 — Redundant provisions etc

Proof of intention to supply a controlled drug

122

(1) The Misuse of Drugs Act 1971 (c. 38) is amended as follows.

(2) In section 5 (restriction of possession of controlled drugs) omit subsections (4A) to (4C).

(3) In section 31 (general provisions as to regulations)—

(a) in subsection (2) omit “, except as provided by subsection (2A),”, and

(b) omit subsections (2A) and (4A).

(4) In section 38 (special provisions as to Northern Ireland) omit subsection (1A).

Staff custody officers

123

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

(2) In section 30CA (bail under section 30A: variation of conditions by police), in subsection (5) omit the following—

(a) in paragraph (a)—

(i) “, or a person designated as a staff custody officer under section 38 of the Police Reform Act 2002,”, and

(ii) “or officer”, and

(b) in paragraph (b), “or officer”.

(3) In section 36 (custody officers at police stations)—

(a) for subsection (3) substitute—

(3) No officer may be appointed a custody officer unless the officer is of at least the rank of sergeant.

(b) in subsection (5) for “an individual” substitute “ an officer ”,

(i) in paragraph (a), omit “or a staff custody officer” and for “such a person” substitute “ such an officer ”, and

(ii) in paragraph (b), for “such person” substitute “ such officer ”,

(d) in subsection (8) for “a person” substitute “ an officer ”, and

(e) omit subsection (11).

(4) In section 39 (responsibilities in relation to persons detained)—

(a) in subsection (6)(a) omit “(or, if the custody officer is a staff custody officer, any police officer or any police employee)”, and

(b) omit subsection (7).

(5) In section 55 (intimate searches), in the definition of “appropriate officer” in subsection (17), omit paragraph (c) and the “or” immediately before it.

124

(1) The Police and Criminal Evidence (Northern Ireland) Order 1989 (S. I. 1989/1341 (N. I. 12)) is amended as follows.

(2) In Article 37 (custody officers at police stations)—

(a) for paragraph (3) substitute—

(3) No police officer may be appointed a custody officer unless the officer is of at least the rank of sergeant.

(b) in paragraph (5) for “an individual” substitute “ an officer ”,

(i) in sub-paragraph (a) omit “or a staff custody officer” and for “such a person” substitute “ such an officer ”, and

(ii) in sub-paragraph (b) for “such person” substitute “ such officer ”,

(d) in paragraph (8) for “a person” substitute “ an officer ”, and

(e) omit paragraph (11).

(3) In Article 40 (responsibilities in relation to persons detained)—

(a) in paragraph (6)(a) omit “(or, if the custody officer is a staff custody officer, any police officer or any member of the police support staff)”, and

(b) omit paragraph (7).

125

(1) The Police Reform Act 2002 (c. 30) is amended as follows.

(2) In section 38 (police powers for police authority employees) omit the following—

(a) subsection (2)(e),

(b) subsection (6)(e), and

(3) In Schedule 4 (powers exercisable by police civilians)—

(a) omit Part 4A, and

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

126

(1) The Police (Northern Ireland) Act 2003 (c. 6) is amended as follows.

(2) In section 30 (police powers for designated police support staff), omit the following—

(a) subsection (1)(d),

(b) subsection (6)(d), and

(3) In Schedule 2 (powers exercisable by designated persons) omit Part 3A.

Secretary of State’s approval of devices for taking fingerprints and samples

127

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

(2) In section 61 (fingerprinting in England and Wales) omit subsection (8A).

(3) In section 63 (non-intimate samples in England and Wales) omit subsection (9A) (inserted by the Criminal Justice and Police Act 2001 (c. 16)).

128

(1) The Police and Criminal Evidence (Northern Ireland) Order 1989 (S. I. 1989/1341 (N. I. 12)) is amended as follows.

(2) In Article 61 (fingerprinting in Northern Ireland) omit paragraph (8B).

(3) In Article 63 (non-intimate samples in Northern Ireland) omit paragraph (10A).

Additional time limits for prosecuting persons under 18

129

Omit section 22A of the Prosecution of Offences Act 1985 (c. 23).

Access to driver licensing records

130

Omit section 105(2)(b) of the Road Traffic Act 1988 (c. 52) (access to particulars of disqualified drivers).

131

Omit section 36 of the Vehicles (Crime) Act 2001 (c. 3) (access to motor insurance information).

132

Omit Article 81 of the Road Traffic (Northern Ireland) Order 2007 (S. I. 2007/916 (N. I. 10)) (disclosure of information about insurance status of vehicles).

Minor amendment

133

In section 40B(7) of the Police Act 1996 (c. 16) (report about direction given by Secretary of State), for “subsection (7)” substitute “ subsection (6) ”.

Local child curfew schemes

134

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

(2) Omit sections 14 and 15 (which make provision for local child curfew schemes and for the enforcement of curfew notices).

(3) In section 16 (removal of truants to designated premises), in subsection (5), in the definition of “public place”, for “section 14 above” substitute “ Part 2 of the Public Order Act 1986 ”.

Schedule 8

Part 1 — Appointment of senior police officers

Part 2 — Sexual offences

Part 3 — Alcohol misuse

Part 4 — Proceeds of crime: confiscation

Part 5 — Proceeds of crime: detained cash investigations

Part 6 — Extradition

Part 7 — Security planning at airports

Part 8 — Safeguarding vulnerable groups and criminal records

Part 9 — Border control powers in relation to cash

Part 10 — Offensive weapons

Part 11 — Football spectators

Part 12 — Misuse of Drugs Act 1971: warrants

Part 13 — Redundant provisions

Duty of police authorities in relation to public accountability

Police Senior Appointments Panel

Regulations about senior officers

Authorisations for obtaining and disclosing communications data

Authorisations of covert human intelligence sources: conditions

Authorisations for surveillance etc

Police officers engaged on service outside their force etc

Police equipment

Police procedures and practices

Police facilities and services

Paying for sexual services of a prostitute subjected to force etc: England and Wales

Soliciting: Northern Ireland

Time limits

Soliciting: Northern Ireland

Closure orders

Penalty for contravening notice relating to encrypted information

Foreign travel orders: surrender of passports

Regulation of lap dancing and other sexual entertainment venues etc

Selling alcohol to children

Confiscating alcohol from young persons

Mandatory licensing conditions relating to alcohol

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