Anti-social Behaviour, Crime and Policing Act 2014

• (2) In sub-paragraph (5), for “the detained person only” there is substituted “ a person detained under section 41, but only ”.

• (3) In sub-paragraph (6)(b), after “in any case” there is inserted “ in which an authorisation under that sub-paragraph may be given ”.

Review of detention under Schedule 7

7

• (1) The Terrorism Act 2000 is amended as follows.

• (2) In paragraph 6(3) of Schedule 7 (provisions of Schedule 8 applying to detention under Schedule 7)—

• (a) for “Part I” there is substituted “ Parts 1 and 1A ”;

• (b) after “treatment” there is inserted “ and review of detention ”.

• (3) In Schedule 8, after Part 1 there is inserted—

(20K) (1) A person's detention under Schedule 7 must be periodically reviewed by a review officer. (2) The first review must be carried out before the end of the period of one hour beginning with the person's detention under that Schedule. (3) Subsequent reviews must be carried out at intervals of not more than two hours. (4) The review officer may authorise a person's continued detention under Schedule 7 only if satisfied that it is necessary for the purposes of exercising a power under paragraph 2 or 3 of that Schedule. (5) If on a review under this paragraph the review officer does not authorise a person's continued detention, the person must be released (unless detained under another power). (6) In this Part of this Schedule “review officer” means a senior officer who has not been directly involved in questioning the detained person under paragraph 2 or 3 of Schedule 7. (7) “Senior officer” means— (a) where the examining officer is a constable, a constable of a higher rank than the examining officer, (b) where the examining officer is an immigration officer, an immigration officer of a higher grade than the examining officer, and (c) where the examining officer is a customs officer, a customs officer of a higher grade than the examining officer. (8) The Secretary of State must under paragraph 6 of Schedule 14 issue a code of practice about reviews under this Part of this Schedule. (9) The code of practice must include provision about training to be undertaken by persons who are to act as review officers. (20L) (1) Before determining whether to authorise a person's continued detention, a review officer must give either of the following persons an opportunity to make representations about the detention— (a) the detained person, or (b) a solicitor representing the detained person who is available at the time of the review. (2) Representations may be oral or written. (3) A review officer may refuse to hear oral representations from the detained person if the officer considers that the detained person is unfit to make representations because of the detained person's condition or behaviour. (20M) (1) Where a review officer authorises continued detention the officer must inform the detained person— (a) of any of the detained person's rights under paragraphs 6 and 7 which have not yet been exercised, and (b) if the exercise of any of those rights is being delayed in accordance with the provisions of paragraph 8, of the fact that it is being delayed. (2) Where a review of a person's detention is being carried out at a time when the person's exercise of a right under paragraph 6 or 7 is being delayed— (a) the review officer must consider whether the reason or reasons for which the delay was authorised continue to subsist, and (b) if in the review officer's opinion the reason or reasons have ceased to subsist, the review officer must inform the officer who authorised the delay of that opinion (unless the review officer was that officer). (3) In the application of this paragraph to Scotland, for the references to paragraphs 6, 7 and 8 substitute references to paragraph 16. (20N) (1) A review officer carrying out a review must make a written record of the outcome of the review and of any of the following which apply— (a) the fact that the officer is satisfied that continued detention is necessary for the purposes of exercising a power under paragraph 2 or 3 of Schedule 7, (b) the fact that the detained person has been informed as required under paragraph 20M(1), (c) the officer's conclusion on the matter considered under paragraph 20M(2)(a), and (d) the fact that the officer has taken action under paragraph 20M(2)(b). (2) The review officer must inform the detained person whether the officer is authorising continued detention, and if so that the officer is satisfied that continued detention is necessary for the purposes of exercising a power under paragraph 2 or 3 of Schedule 7. (3) Sub-paragraph (2) does not apply where the detained person is— (a) incapable of understanding what is said, (b) violent or likely to become violent, or (c) in urgent need of medical attention.

Codes of practice

8

• (1) Schedule 14 to the Terrorism Act 2000 (exercise of powers—codes of practice etc) is amended as follows.

• (2) In paragraph 1, after “ “officer” means” there is inserted “ (subject to paragraph 6A) ”.

• (3) After paragraph 6 there is inserted—

(6A) In paragraphs 5 and 6, “officer” includes a constable, immigration officer or customs officer who— (a) has functions under Schedule 7, or (b) has functions under Schedule 8 in relation to a person detained under Schedule 7, otherwise than as an examining officer.

SCHEDULE 10

Introduction

1

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

Additional powers to issue fixed penalty notices

2

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

Powers to issue fixed penalty notices: consultation with local authorities

3

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

General power of seizure

4

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

Powers with regard to charity collectors

5

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

Power to stop cycles

6

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

SCHEDULE 11

PART 1 — Amendments relating to Parts 1 to 6

Magistrates’ Courts Act 1980 (c. 43)

1

In section 143(2) of the Magistrates' Courts Act 1980 (provisions in which sums may be altered) paragraph (da) is omitted.

Housing Act 1980 (c. 51)

2

In Schedule 9 to the Housing Act 1980 (provisions relating to housing association and housing trust tenancies under Rent Act 1977), in paragraph 5, after “83” there is inserted “ or 83ZA ”.

Highways Act 1980 (c. 66)

3

Sections 129A to 129G of the Highways Act 1980 (restriction of rights over highway) are repealed.

Police and Criminal Evidence Act 1984 (c. 60)

4

In section 64A of the Police and Criminal Evidence Act 1984 (photographing of suspects etc), for paragraph (ca) of subsection (1B) there is substituted—

(ca) given a direction by a constable under section 35 of the Anti-social Behaviour, Crime and Policing Act 2014;

.

Prosecution of Offences Act 1985 (c. 23)

5

• (1) In section 3 of the Prosecution of Offences Act 1985 (functions of DPP), subsection (2) is amended as follows.

• (2) In paragraph (fa), for the words from “section 1C” to “proceedings)” there is substituted “ section 22 of the Anti-social Behaviour, Crime and Policing Act 2014 (criminal behaviour orders made on conviction) ”.

• (3) In paragraph (fb)—

• (a) for “section 1CA(3) of the Crime and Disorder Act 1998” there is substituted “ section 27 of the Anti-social Behaviour, Crime and Policing Act 2014 ”;

• (b) for “section 1C” there is substituted “ section 22 ”.

• (4) In paragraph (fc)—

• (a) for “section 1CA” there is substituted “ section 27 ”;

• (b) for “section 1C” there is substituted “ section 22 ”.

• (5) Paragraphs (fd) and (fe) are omitted.

Housing Act 1985 (c. 68)

6

• (1) Section 82A of the Housing Act 1985 (demotion because of anti-social behaviour) is amended as follows.

• (2) In subsection (4)(a), for sub-paragraphs (i) and (ii) there is substituted—

(i) conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or (ii) conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and

.

• (3) For subsection (7A) there is substituted—

(7A) In subsection (4)(a)(ii) “housing accommodation” includes— (a) flats, lodging-houses and hostels; (b) any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it; (c) any common areas used in connection with the accommodation.

7

• (1) Section 83 of that Act (proceedings for possession or termination: notice requirements) is amended as follows.

• (2) In the heading, after “termination:” there is inserted “ general ”.

• (3) Before subsection (1) there is inserted—

(A1) This section applies in relation to proceedings for an order mentioned in section 82(1A) other than— (a) proceedings for possession of a dwelling-house under section 84A (absolute ground for possession for anti-social behaviour), including proceedings where possession is also sought on one or more of the grounds set out in Schedule 2, or (b) proceedings for possession of a dwelling-house under section 107D (recovery of possession on expiry of flexible tenancy).

• (4) In subsection (1), for the words from “proceedings for” to “tenancy),” there is substituted “ proceedings to which this section applies ”.

8

• (1) Section 83A of that Act (additional requirements in relation to certain proceedings for possession) is amended as follows.

• (2) In subsection (2)(a), after “83” there is inserted “ or 83ZA ”.

• (3) In subsection (2)(b), for “subsection (4)(a) of that section” there is substituted “ section 83(4)(a) or section 83ZA(9)(a) ”.

• (4) In subsection (3)(a), after “83” there is inserted “ or 83ZA ”.

• (5) In subsection (4)(a), after “83” there is inserted “ or 83ZA ”.

• (6) In subsection (5)—

• (a) for “the notice” there is substituted “ a notice ”;

• (b) after “83” there is inserted “ or a notice is served under section 83ZA ”.

9

• (1) Section 84 of that Act (grounds and orders for possession) is amended as follows.

• (2) In subsection (1), after “in accordance with” there is inserted “ section 84A (absolute ground for possession for anti-social behaviour) or ”.

• (3) In subsection (2)(a), for “that Schedule” there is substituted “ Schedule 2 ”.

• (4) In subsection (3)—

• (a) after “83” there is inserted “ or 83ZA ”;

• (b) for “such an order on any of those grounds above” there is substituted “ an order on any of the grounds mentioned in subsection (2) ”.

10

In the heading of section 85A of that Act (proceedings for possession: anti-social behaviour) after “possession” there is inserted “ on non-absolute grounds ”.

11

• (1) Section 121A of that Act (order suspending right to buy because of anti-social behaviour) is amended as follows.

• (2) In subsection (3)(a), for sub-paragraphs (i) and (ii) there is substituted—

(i) conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or (ii) conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and

.

• (3) In subsection (7)(a), for sub-paragraphs (i) and (ii) there is substituted—

(i) conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or (ii) conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and

.

• (4) For subsection (10) there is substituted—

(10) In this section “housing accommodation” includes— (a) flats, lodging-houses and hostels; (b) any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it; (c) any common areas used in connection with the accommodation.

12

• (1) In Schedule 1 to that Act (tenancies which are not secure tenancies), paragraph 4ZA (family intervention tenancies) is amended as follows.

• (2) In sub-paragraph (3)(a)—

• (a) in the opening words, for “possession order under section 84” there is substituted “ relevant possession order ”;

• (b) in sub-paragraph (i) the words “, on ground 2 or 2A of Part 1 of Schedule 2” are omitted.

• (3) In sub-paragraph (12), after the definition of “the new tenant” there is inserted—

“relevant possession order” means— (a) a possession order under section 84 that is made on ground 2, 2ZA or 2A of Part 1 of Schedule 2, or (b) a possession order under section 84A;

.

13

In Part 5 of Schedule 2 to that Act (approval of redevelopment schemes for purposes of Ground 10A), in paragraph 5(3), after “83” there is inserted “ or 83ZA ”.

14

In Schedule 3 to that Act (grounds for withholding consent to assignment by way of exchange), in Ground 2, after “83” there is inserted “ or 83ZA ”.

15

• (1) In that Schedule, Ground 2A is amended as follows.

• (2) In paragraph (a), for “or suspended Ground 2 or 14 possession order” there is substituted “ , a suspended anti-social behaviour possession order or a suspended riot-related possession order ”.

• (3) In paragraph (b), for “or a Ground 2 or 14 possession order” there is substituted “ , an anti-social behaviour possession order or a riot-related possession order ”.

• (4) In the definition of “relevant order”—

• (a) the word “or” before the final entry is omitted;

• (b) in the final entry, after “section 91 of the Anti-social Behaviour Act 2003” there is inserted “ or section 27 of the Police and Justice Act 2006 ”;

• (c) at the end there is inserted—

an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014; an order under section 22 of that Act.

• (5) After the definition of “relevant order” there is inserted—

An “anti-social behaviour possession order” means an order for possession under Ground 2 in Schedule 2 to this Act or Ground 14 in Schedule 2 to the Housing Act 1988.

• (6) After the definition of “demotion order” there is inserted—

A “riot-related possession order” means an order for possession under Ground 2ZA in Schedule 2 to this Act or Ground 14ZA in Schedule 2 to the Housing Act 1988.

• (7) The definition of a “Ground 2 or 14 possession order” is omitted.

16

After Ground 2A in that Schedule there is inserted—

Ground 2B The dwelling-house is subject to a closure notice or closure order under Chapter 3 of Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014.

Housing Act 1988 (c. 50)

17

• (1) Section 6A of the Housing Act 1988 (demotion because of anti-social behaviour) is amended as follows.

• (2) In subsection (4), for paragraph (a) there is substituted—

(a) that the tenant or a person residing in or visiting the dwelling-house has engaged or has threatened to engage in— (i) conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or (ii) conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and

.

• (3) After subsection (10) there is inserted—

(10A) In subsection (4)(a)(ii) “housing accommodation” includes— (a) flats, lodging-houses and hostels; (b) any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it; (c) any common areas used in connection with the accommodation.

18

• (1) Section 7 of that Act (orders for possession) is amended as follows.

• (2) In subsection (3), after “below” there is inserted “ (and to any available defence based on the tenant's Convention rights, within the meaning of the Human Rights Act 1998) ”.

• (3) In subsection (5A)(a), for “and 5” there is substituted “ , 5 and 7A ”.

• (4) In subsection (6)(a), after “Ground 2” there is inserted “ , Ground 7A ”.

19

In the heading of section 9A of that Act (proceedings for possession: anti-social behaviour) after “possession” there is inserted “ on non-absolute grounds ”.

20

In Schedule 1 to that Act (tenancies which cannot be assured tenancies), in paragraph 12ZA (family intervention tenancies), in sub-paragraph (3)(a)(i), for “ground 14” there is substituted “ ground 7A of Part 1 of Schedule 2 or ground 14, 14ZA ”.

Environmental Protection Act 1990 (c. 43)

21

In the Environmental Protection Act 1990, sections 92 to 94A (litter abatement notices, litter clearing notices and street litter control notices) are repealed.

Housing Act 1996 (c. 52)

22

In the Housing Act 1996, sections 153A to 158 and Schedule 15 (injunctions against housing-related anti-social behaviour) are repealed.

23

In section 218A of that Act (anti-social behaviour: landlords' policies and procedures), for subsections (8) and (8A) there is substituted—

(8) Anti-social behaviour is— (a) conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or (b) conduct that consists of or involves using or threatening to use housing accommodation owned or managed by the landlord for an unlawful purpose.

Crime and Disorder Act 1998 (c. 37)

24

The following provisions of the Crime and Disorder Act 1998 are repealed—

• (a) sections 1 to 1K (anti-social behaviour orders etc);

• (b) section 4 (appeals against orders);

• (c) section 8A (parenting orders on breach of anti-social behaviour order).

25

• (1) Section 8 of that Act (parenting orders) is amended as follows.

• (2) In subsection (1)(b), for “an anti-social behaviour order or” there is substituted “ an injunction is granted under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, an order is made under section 22 of that Act or a ”.

• (3) In subsection (1)(c) the words “, except in a case where section 8A below applies (parenting order on breach of anti-social behaviour order)” are omitted.

• (4) In subsection (6)(a), for the words after “behaviour which led to” there is substituted “ the order being made or the injunction granted ”.

26

• (1) Section 9 of that Act (parenting orders: supplemental) is amended as follows.

• (2) In subsection (1) the words “, other than an offence under section 1(10) above in respect of an anti-social behaviour order,” are omitted.

• (3) In subsection (1B)—

• (a) for “an anti-social behaviour order” there is substituted “ an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014 is granted or an order is made under section 22 of that Act ”;

• (b) after “which” there is inserted “ grants the injunction or ”.

• (4) In subsection (2)—

• (a) paragraph (d) and the word “or” before it are omitted;

• (b) in the text after paragraph (d) the words “(including any report prepared under section 1(1C))” are omitted.

• (5) Subsection (2AA) is repealed.

27

• (1) Section 18 of that Act (interpretation etc) is amended as follows.

• (2) In subsection (1)—

• (a) the definitions of “anti-social behaviour order” and “individual support order” are omitted;

• (b) paragraph (za) of the definition of “responsible officer” is omitted.

• (3) In subsection (4)—

• (a) the words “an individual support order or” are omitted;

• (b) for “the child, defendant or parent, as the case may be” there is substituted “ the child or, as the case may be, the parent ”.

28

In section 38 of that Act (local provision of youth justice services), in subsection (4)(f) the words “individual support orders,” are omitted.

29

In section 114 of that Act (orders and regulations), in subsection (2) “(1A), (1G)” is omitted.

Criminal Justice and Police Act 2001 (c. 16)

30

Sections 12 to 16 of the Criminal Justice and Police Act 2001 (alcohol consumption in designated public places) are repealed.

Police Reform Act 2002 (c. 30)

31

• (1) Section 50 of the Police Reform Act 2002 (power of constable to require person acting in an anti-social manner to give name and address) is amended as follows.

• (2) In subsection (1) the words “(within the meaning of section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders)” are omitted.

• (3) After that subsection there is inserted—

(1A) In subsection (1) “anti-social behaviour” has the meaning given by section 2 of the Anti-social Behaviour, Crime and Policing Act 2014 (ignoring subsection (2) of that section).

32

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

33

In Schedule 5 to that Act (powers exercisable by accredited persons), in paragraph 1(2), paragraph (d) and the word “and” before it are omitted.

Licensing Act 2003 (c. 17)

34

Sections 161 to 166 of the Licensing Act 2003 (closure orders of identified premises) are repealed.

35

• (1) Section 167 of that Act (review of premise licence following closure order) is amended as follows.

• (2) In subsection (1)(a), for “a closure order has come into force” there is substituted “a magistrates' court has made a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, or the Crown Court has made a closure order on appeal under section 84 of that Act,”.

• (3) In subsection (1)(b), for the words after “the relevant licensing authority has” there is substituted “ accordingly received a notice under section 80(9) or 84(7) of that Act ”.

• (4) In subsection (4)(a), for the words after “notice of” there is substituted “ the review and of the order mentioned in subsection (1)(a) ”.

• (5) In subsection (5)(a), for the words after “to consider” there is substituted “ the order mentioned in subsection (1)(a) and any relevant representations; ”.

36

In section 168 of that Act (provisions about decisions under section 167), in subsections (3)(b) and (6)(b), for the words after “the premises to which the licence relates” there is substituted “ are closed at the time of the decision by virtue of an closure order made under section 80 or 84 of the Anti-social Behaviour, Crime and Policing Act 2014 ”.

37

Section 169 of that Act (enforcement of closure order) is repealed.

38

• (1) Section 170 of that Act (exemption of police from liability for damages) is amended as follows.

• (2) In subsection (1) the words “of his functions in relation to a closure order or any extension of it or” are omitted.

• (3) Paragraph (b) of subsection (2) is omitted.

39

• (1) Section 171 of that Act (interpretation of Part 8) is amended as follows.

• (2) In subsection (2), for “Relevant premises” there is substituted “ Premises ”.

• (3) In subsection (3) the word “relevant” is omitted.

• (4) In subsection (5)—

• (a) in the definition of “appropriate person” the word “relevant” is omitted;

• (b) the definitions of “closure order”, “extension”, “relevant magistrates' court”, “relevant premises”, “responsible senior police officer” and “senior police officer” are omitted.

40

In Schedule 3 to that Act (matters to be entered in licensing register), for the words after “any notice given to it under” in paragraph (z) there is substituted “ section 80(9) or 84(7) of the Anti-social Behaviour, Crime and Policing Act 2014 (notification by court of closure order) ”.

Anti-social Behaviour Act 2003 (c. 38)

41

The following provisions of the Anti-social Behaviour Act 2003 are repealed—

• (a) Part 1 (closure of premises where drugs used unlawfully);

• (b) Part 1A (closure of premises associated with persistent disorder or nuisance);

• (c) Part 4 (dispersal of groups etc);

• (d) sections 40 and 41 (closure of noisy premises);

• (e) sections 48 to 52 (removal of graffiti and fly-posting) and the cross-heading before section 48.

Clean Neighbourhoods and Environment Act 2005 (c. 16)

42

Sections 55 to 64, 66 and 67 of the Clean Neighbourhoods and Environment Act 2005 are repealed.

Government of Wales Act 2006 (c. 32)

43

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

Violent Crime Reduction Act 2006 (c. 38)

44

The following provisions of the Violent Crime Reduction Act 2006 (which relate to drinking banning orders) are repealed—

• (a) sections 1 to 7;

• (b) section 8(1) to (6);

• (c) sections 9 to 14.

45

Section 27 of that Act (directions to individuals who represent a risk of disorder) is repealed.

Crime and Security Act 2010 (c. 17)

46

Sections 40 and 41 of the Crime and Security Act 2010 (anti-social behaviour orders: report on family circumstances and parenting orders on breach) are repealed.

Localism Act 2011 (c. 20)

47

• (1) In Schedule 14 to the Localism Act 2011 (grounds on which landlord may refuse to surrender and grant tenancies under section 158 of that Act), paragraph 6 (Ground 6) is amended as follows.

• (2) In sub-paragraph (2), for “or suspended Ground 2 or 14 possession order” there is substituted “ , a suspended anti-social behaviour possession order or a suspended riot-related possession order ”.

• (3) In sub-paragraph (3), for “or a Ground 2 or 14 possession order” there is substituted “ , an anti-social behaviour possession order or a riot-related possession order ”.

• (4) In sub-paragraph (4), in the definition of “relevant order”—

• (a) the word “or” before paragraph (e) is omitted;

• (b) in paragraph (e), after “section 91 of the Anti-social Behaviour Act 2003” there is inserted “ or section 27 of the Police and Justice Act 2006 ”;

• (c) at the end there is inserted—

(f) an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, or (g) an order under section 22 of that Act;

.

• (5) After the definition of “relevant order” in that sub-paragraph there is inserted—

An “anti-social behaviour possession order” means an order for possession under Ground 2 in Schedule 2 to the Housing Act 1985 or Ground 14 in Schedule 2 to the Housing Act 1988.

• (6) After the definition of “demotion order” in that sub-paragraph there is inserted—

A “riot-related possession order” means an order for possession under Ground 2ZA in Schedule 2 to the Housing Act 1985 or Ground 14ZA in Schedule 2 to the Housing Act 1988.

• (7) The definition of “Ground 2 or 14 possession order” in that sub-paragraph is omitted.

48

After paragraph 6 of that Schedule there is inserted—

(6A) This ground is that a dwelling-house let on an existing tenancy is subject to a closure notice or closure order under Chapter 3 of Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014.

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

49

• (1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (legal aid for civil legal services) is amended as follows.

• (2) In paragraph 36 of Part 1 (anti-social behaviour), in sub-paragraph (1), for the words after “in relation to” there is substituted “ an application for, or proceedings in respect of, an injunction against the individual under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014. ”

• (3) In paragraph 7 of Part 3 (certain advocacy services in a magistrates' court excepted from the advocacy exclusion), for “and 15 to 18” there is substituted “ , 15 to 18 and 36 ”.

Repeal of spent provisions etc

50

The following provisions are repealed.

PART 2 — Amendments relating to Part 9

Criminal Procedure (Scotland) Act 1995 (c. 46)

51

In section 19AA of the Criminal Procedure (Scotland) Act 1995 (samples etc from sex offenders), in subsection (1)(c), after “an order under section” there is inserted “ 122A or ”.

52

In section 19AB of that Act (supplementary provision in risk of sexual harm order cases), in subsection (7), at the end of the definition of “risk of sexual harm order” there is inserted— “ and also includes an order under section 122A of the 2003 Act (sexual risk orders); ”.

Police Act 1997 (c. 50)

53

• (1) Section 113CA of the Police Act 1997 (suitability information relating to children) is amended as follows.

• (2) After paragraph (f) of subsection (2) there is inserted—

(fa) if a sexual harm prevention order, made under section 103A of the Sexual Offences Act 2003, is in effect in respect of the applicant— (i) the prohibitions described in that order; (ii) the date of that order; (iii) the period for which the prohibitions have effect by virtue of section 103C(2) or 103D(1) of that Act; (iv) details as to whether the order has been varied or renewed under section 103E(5) of that Act; (fb) if an interim sexual harm prevention order, made under section 103F of the Sexual Offences Act 2003, is in effect in respect of the applicant— (i) the prohibitions described in that order; (ii) the date of that order; (iii) the period for which that order has effect by virtue of section 103F(4) of that Act; (iv) details as to whether the order has been varied or renewed under section 103F(5) of that Act;

.

• (3) After paragraph (i) of that subsection there is inserted—

(ia) if a sexual risk order, made under section 122A of the Sexual Offences Act 2003, is in effect in respect of the applicant— (i) the prohibitions described in that order; (ii) the date of that order; (iii) the period for which the prohibitions have effect by virtue of section 122A(7) or 122C(1) of that Act; (iv) details as to whether the order has been varied or renewed under section 122D(4) of that Act; (ib) if an interim sexual risk order, made under section 122E of the Sexual Offences Act 2003, is in effect in respect of the applicant— (i) the prohibitions described in that order; (ii) the date of that order; (iii) the period for which that order has effect by virtue of section 122E(4) of that Act; (iv) details as to whether the order has been varied or renewed under section 122E(5) of that Act;

.

54

• (1) Section 113CB of that Act (suitability information relating to protected adults) is amended as follows.

• (2) After paragraph (f) of subsection (2) there is inserted—

(fa) if a sexual harm prevention order, made under section 103A of the Sexual Offences Act 2003, is in effect in respect of the applicant— (i) the prohibitions described in that order; (ii) the date of that order; (iii) the period for which the prohibitions have effect by virtue of section 103C(2) or 103D(1) of that Act; (iv) details as to whether the order has been varied or renewed under section 103E(5) of that Act; (fb) if an interim sexual harm prevention order, made under section 103F of the Sexual Offences Act 2003, is in effect in respect of the applicant— (i) the prohibitions described in that order; (ii) the date of that order; (iii) the period for which that order has effect by virtue of section 103F(4) of that Act; (iv) details as to whether the order has been varied or renewed under section 103F(5) of that Act;

.

• (3) After paragraph (i) of that subsection there is inserted—

(ia) if a sexual risk order, made under section 122A of the Sexual Offences Act 2003, is in effect in respect of the applicant— (i) the prohibitions described in that order; (ii) the date of that order; (iii) the period for which the prohibitions have effect by virtue of section 122A(7) or 122C(1) of that Act; (iv) details as to whether the order has been varied or renewed under section 122D(4) of that Act; (ib) if an interim sexual risk order, made under section 122E of the Sexual Offences Act 2003, is in effect in respect of the applicant— (i) the prohibitions described in that order; (ii) the date of that order; (iii) the period for which that order has effect by virtue of section 122E(4) of that Act; (iv) details as to whether the order has been varied or renewed under section 122E(5) of that Act;

.

Crime and Disorder Act 1998 (c. 37)

55

• (1) Section 8 of the Crime and Disorder Act 1998 (parenting orders) is amended as follows.

• (2) For “sexual offences prevention order” there is substituted “ sexual harm prevention order ”

• (a) in subsection (1)(b);

• (b) in subsection (6)(a).

• (3) For subsection (9) there is substituted—

(9) In this section “sexual harm prevention order” means an order under section 103A of the Sexual Offences Act 2003 (sexual harm prevention orders).

Sexual Offences Act 2003 (c. 42)

56

In section 88 of the Sexual Offences Act 2003 (section 87: interpretation), in subsection (4)(c), after “interim notification order,” there is inserted “ sexual harm prevention order, interim sexual harm prevention order, ”.

57

In section 89 of that Act (young offenders: parental directions), in the Table in subsection (1), after “interim notification order,” there is inserted “ sexual harm prevention order, interim sexual harm prevention order, ”.

58

In section 91A of that Act (review of indefinite notification requirements: qualifying young offender), in subsection (2)(b), after “not subject to” there is inserted “ a sexual harm prevention order under section 103A, an interim sexual harm prevention order under section 103F, ”.

59

In the cross-heading before section 104 of that Act (sexual offences prevention orders: application and grounds), after “orders” there is inserted “ (Scotland and Northern Ireland) ”.

60

In section 108 of that Act (SOPOs: variations, renewals and discharges), in subsection (8)(b) the words “2 or” and “England and Wales or” are omitted.

61

In section 109 of that Act (interim SOPOs), in subsection (7)(a) the words “2A or” and “England and Wales or” are omitted.

62

• (1) Section 110 of that Act (SOPOs and interim SOPOs: appeals) is amended as follows.

• (2) For the heading there is substituted “ Appeals in relation to SOPOs and interim SOPOs: Northern Ireland ”.

• (3) In subsections (1)(c), (2) and (3)(b), for “the Crown Court” there is substituted “ a county court ”.

• (4) In subsection (4), for “the Crown Court” there is substituted “ the county court ”.

• (5) For subsection (5) there is substituted—

(5) Any order made by a county court on an appeal under subsection (1)(c) or (2) (other than an order directing that an application be re-heard by a court of summary jurisdiction) is for the purposes of section 108(7) or 109(6) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the county court).

63

• (1) Section 113 of that Act (offence: breach of SOPO or interim SOPO) is amended as follows.

• (2) In the heading, at the end there is inserted “etc”.

• (3) In subsection (1), in paragraph (d) the words “2, 2A or” and “in England and Wales and” are omitted.

• (4) After that subsection there is inserted—

(1ZA) A person commits an offence if, without reasonable excuse, he contravenes a prohibition imposed by— (a) a sexual harm prevention order, or (b) an interim sexual harm prevention order, other than a prohibition on foreign travel.

64

In the cross-heading before section 114 of that Act (foreign travel orders: applications and grounds), after “orders” there is inserted “ (Scotland and Northern Ireland) ”.

65

• (1) Section 117A of that Act (foreign travel orders: surrender of passports) is amended as follows.

• (2) For the heading there is substituted “ Surrender of passports: Northern Ireland ”.

• (3) In subsection (2), after “at a police station” there is inserted “ in Northern Ireland ”.

• (4) In subsection (3), at the end there is inserted “(unless the person is subject to an equivalent prohibition under another order)”.

66

In section 117B of that Act (surrender of passports: Scotland), at the end of subsection (3) there is inserted “(unless the person is subject to an equivalent prohibition under another order)”.

67

• (1) Section 119 of that Act (foreign travel orders: appeals) is amended as follows.

• (2) For the heading there is substituted “ Appeals in relation to foreign travel orders: Northern Ireland ”.

• (3) In subsection (1), for “the Crown Court” there is substituted “ a county court ”.

• (4) In subsection (2), for “the Crown Court” there is substituted “ the county court ”.

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

(3) Any order made by a county court on an appeal under subsection (1)(a) (other than an order directing that an application be re-heard by a court of summary jurisdiction) is for the purposes of section 118(5) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the county court).

68

• (1) Section 122 (offence: breach of foreign travel order) is amended as follows.

• (2) In the heading, at the end there is inserted “etc”.

• (3) In subsection (1)—

• (a) for “excuse, he” there is substituted

excuse— (a) he

;

• (b) at the end there is inserted

, or (b) he contravenes a prohibition on foreign travel imposed by a sexual harm prevention order.

• (4) In subsection (1B)(a) the words “England and Wales and” are omitted.

69

In the cross-heading before section 123 of that Act, after “orders” there is inserted “ (Northern Ireland) ”.

70

• (1) Section 123 of that Act (risk of sexual harm orders: application, grounds and effect) is amended as follows.

• (2) In subsection (1)—

• (a) for “A chief officer of police” there is substituted “ The Chief Constable of the Police Service of Northern Ireland ”;

• (b) for “a magistrates' court” there is substituted “ a court of summary jurisdiction ”;

• (c) for “his police area” (in both places) there is substituted “ Northern Ireland ”;

• (d) for “the chief officer” (in both places) there is substituted “ the Chief Constable ”.

• (3) Subsection (2) is repealed.

71

• (1) Section 125 (RSHOs: variation, renewals and discharges) is amended as follows.

• (2) In subsection (2), for paragraphs (b) to (d) there is substituted—

(b) the Chief Constable of the Police Service of Northern Ireland.

• (3) In subsection (3), for “and (if they wish to be heard) the other persons mentioned in subsection (2)” there is substituted “ , and the other person mentioned in subsection (2) (if that person wishes to be heard) ”.

• (4) In subsection (5), for the words after “without the consent of the defendant and” there is substituted “ the Chief Constable of the Police Service of Northern Ireland ”.

• (5) In subsection (7), for paragraphs (b) and (c) there is substituted—

(b) a court of summary jurisdiction for the petty sessions district which includes the area where the defendant resides; (c) where the application is made by the Chief Constable of the Police Service of Northern Ireland, any court of summary jurisdiction.

72

In section 126 (interim RSHOs), in subsection (2)(b), for “the person who has made that application” there is substituted “ the Chief Constable of the Police Service of Northern Ireland ”.

73

• (1) Section 127 (RSHOs and interim RSHOs) is amended as follows.

• (2) In subsection (1), for “the Crown Court” there is substituted “ a county court ”.

• (3) In subsection (2), for “the Crown Court” there is substituted “ the county court ”.

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

(3) Any order made by a county court on an appeal under subsection (1)(a) or (b) (other than an order directing that an application be re-heard by a court of summary jurisdiction) is for the purposes of section 125(7) or 126(5) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the county court).

74

• (1) Section 128 (offence: breach of RSHO or interim RSHO) is amended as follows.

• (2) In the heading, after “interim RSHO” there is inserted “ etc ”.

• (3) For subsections (1) and (1A) there is substituted—

(1) A person who, without reasonable excuse, does anything that the person is prohibited from doing by— (a) a risk of sexual harm order, (b) an interim risk of sexual harm order, (c) a sexual risk order, (d) an interim sexual risk order, (e) an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (risk of sexual harm orders in Scotland), or (f) an order under section 5 of that Act (interim risk of sexual harm orders in Scotland), commits an offence.

75

• (1) Section 129 (effect of conviction etc of an offence under section 128) is amended as follows.

• (2) In the heading, after “section 128” there is inserted “ etc ”.

• (3) In subsection (1A)(a), after “an offence under section” there is inserted “ 122H or ”.

• (4) For subsection (5) there is substituted—

(5) In this section “relevant order” means— (a) where the conviction, finding or caution within subsection (1) is in respect of a breach of a risk of sexual harm order or a sexual risk order, that order; (b) where the conviction, finding or caution within subsection (1) is in respect of a breach of an interim risk of sexual harm order or an interim sexual risk order, any risk of sexual harm order or sexual risk order made on the hearing of the application to which the interim order relates or, if no such order is made, the interim order. (6) In subsection (5)— - “risk of sexual harm order” includes an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005; - “interim risk of sexual harm order” includes an order under section 5 of that Act.

76

• (1) Section 133 of that Act (Part 2: general interpretation) is amended as follows.

• (2) In subsection (1), at the appropriate places there is inserted—

“interim sexual harm prevention order” has the meaning given by section 103F(2);

;

“interim sexual risk order” has the meaning given by section 122E(2);

;

“prohibition on foreign travel” has the meaning given by section 103D(2) or 122C(2);

;

“sexual harm prevention order” has the meaning given by section 103A(1);

;

“sexual risk order” has the meaning given by section 122A(1);

.

77

In section 136 of that Act (Part 2: Northern Ireland), for subsection (8) there is substituted—

(8) The reference in section 101 to the Crown Court is to be read as a reference to a county court.

Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)

78

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

79

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

Violent Crime Reduction Act 2006 (c. 38)

80

In section 56 of the Violent Crime Reduction Act 2006 (cross-border provisions relating to sexual offences), subsection (2) is repealed.

Armed Forces Act 2006 (c. 52)

81

In Schedule 3A to the Armed Forces Act 2006 (Court Martial sentencing powers where election for trial by that court instead of CO), paragraph 13(2) and (3) (service sexual offences prevention orders) is repealed.

Armed Forces Act 2011 (c. 18)

82

• (1) Section 17 of the Armed Forces Act 2011 (service sexual offences prevention orders) is repealed.

• (2) In Schedule 4 to that Act (consequential amendments), paragraph 3(3) is repealed.

PART 3 — Amendments relating to Part 11

House of Commons Disqualification Act 1975 (c. 24)

83

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975. (bodies of which all members are disqualified) at the appropriate place there is inserted— “ The Police Remuneration Review Body. ”

Police Pensions Act 1976 (c. 35)

84

In section 7 of the Police Pensions Act 1976 (payment of pensions and contributions), for paragraph (f) of subsection (2) there is substituted—

(f) a person to whom section 100A of the Police Act 1996 applies (senior police officer appointed as member of staff of College of Policing);

.

85

• (1) Section 11 of that Act (interpretation) is amended as follows.

• (2) For paragraph (e) of subsection (1) there is substituted—

(e) service, by a person to whom section 100A of the Police Act 1996 applies, as a member of the staff of the College of Policing;

.

• (3) In subsection (2A)(i) the words “the body known as” are omitted.

• (4) In subsection (8A), for “the Chief Executive of the body known as” there is substituted “ a member of the staff of ”.

Police and Criminal Evidence Act 1984 (c. 60)

86

• (1) Schedule 2A to the Police and Criminal Evidence Act 1984 (fingerprinting and samples: power to require attendance at police station) is amended as follows.

• (2) In paragraph 1 (fingerprinting: persons arrested and released)—

• (a) in sub-paragraph (2), for “section 61(5A)(b)” there is substituted “ section 61(5A)(b)(i) ”;

• (b) after sub-paragraph (3) there is inserted—

(4) The power under sub-paragraph (1) above may not be exercised in a case falling within section 61(5A)(b)(ii) (fingerprints destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.

• (3) In paragraph 2 (fingerprinting: persons charged etc)—

• (a) in sub-paragraph (2)(b), for “section 61(5B)(b)” there is substituted “ section 61(5B)(b)(i) ”;

• (b) at the end of sub-paragraph (2) there is inserted

, or (c) in a case falling within section 61(5B)(b)(ii) (fingerprints destroyed where investigation interrupted), the day on which the investigation was resumed.

• (4) In paragraph 9 (non-intimate samples: persons arrested and released)—

• (a) in sub-paragraph (2), for “within section 63(3ZA)(b)” there is substituted “ within section 63(3ZA)(b)(i) or (ii) ”;

• (b) after sub-paragraph (3) there is inserted—

(4) The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3ZA)(b)(iii) (sample, and any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.

• (5) In paragraph 10 (non-intimate samples: persons charged etc)—

• (a) in sub-paragraph (3), for “within section 63(3A)(b)” there is substituted “ within section 63(3A)(b)(i) or (ii) ”;

• (b) after sub-paragraph (4) there is inserted—

(5) The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3A)(b)(iii) (sample, and any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.

Police Act 1996 (c. 16)

87

In section 36 of the Police Act 1996 (general duty of Secretary of State), in subsection (2)(c), the words “(other than sections 61 and 62)” are omitted.

88

In section 97 of that Act (police officers engaged on service outside their force), in subsection (1)(i) the words “the body known as” are omitted.

89

In section 105 of that Act (extent), in subsection (3), for “sections 61 and 62” there is substituted “ Part 3A ”.

Police Act 1997 (c. 50)

90

In section 137 of the Police Act 1997 (extent), in subsection (2) (provisions extending to England and Wales only), after “sections” in paragraph (e) there is inserted “ 125(1A), ”.

Police (Northern Ireland) Act 2000 (c. 32)

91

In section 49 of the Police (Northern Ireland) Act 2000 (severance arrangements), for subsection (4) there is substituted—

(4) Sections 25(8) and 26(6) of the Police (Northern Ireland) Act 1998 (requirement to consult the Board and the Police Association before making regulations) shall not apply in relation to regulations made by virtue of this section.

Freedom of Information Act 2000 (c. 36)

92

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities), the following entries are inserted at the appropriate places— “ The College of Policing. ” “ The Police Remuneration Review Body. ”

Police Reform Act 2002 (c. 30)

93

• (1) Section 29 of the Police Reform Act 2002 (interpretation of Part 2) is amended as follows.

• (2) In subsection (1), in the definition of “serving with the police”, for “12(7)” there is substituted “ 12(7) to (10) ”.

• (3) In subsection (1A), for “12(7)” there is substituted “ 12(7) to (10) ”.

94

In section 39 (police powers for contracted-out staff), subsections (9) to (11) are repealed.

95

• (1) Schedule 3 to that Act (handling of complaints and conduct matters etc) is amended as follows.

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

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (7) In paragraph 24A(3), after “a report” there is inserted “ to the Commission ”.

• (8) In paragraph 24C—

• (a) in sub-paragraph (1), for “If” there is substituted “ This paragraph applies where ”;

• (b) the words in that sub-paragraph from “it shall make” to the end are omitted;

• (c) sub-paragraph (2) is repealed.

• (9) In paragraph 27—

• (a) in the heading, after “disciplinary proceedings” there is inserted “ etc ”;

• (b) in sub-paragraph (7), after “disciplinary” there is inserted “ or other ”;

• (c) in sub-paragraph (9)(a), after “sub-paragraph (1)(b)” there is inserted “ or (c) ”.

Equality Act 2010 (c. 15)

96

In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to public sector equality duty), at the appropriate place under the heading “Police” there is inserted— “ The College of Policing. ”

Police Reform and Social Responsibility Act 2011 (c. 13)

97

In section 7 of the Police Reform and Social Responsibility Act 2011 (police and crime plans), for paragraph (f) of subsection (1) there is substituted—

(ea) the services which are to be provided by virtue of section 143 of the Anti-social Behaviour, Crime and Policing Act 2014; (f) any grants which the elected local policing body is to make under that section, and the conditions (if any) subject to which any such grants are to be made.

98

Section 9 of that Act (crime and disorder reduction grants) is repealed.

99

In Schedule 2 to that Act (chief constables), paragraph 7(3) is repealed.

100

In Schedule 4 to that Act (Commissioner of Police of the Metropolis), paragraph 4(3) is repealed.

Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602)

101

In article 14 of the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (pensions: special constables and police cadets), in paragraph (2), for “the Police Negotiating Board for the United Kingdom” there is substituted “ the Police Negotiating Board for Scotland ”.

Repeal or revocation of spent provisions etc

102

The following provisions are repealed or revoked—

PART 4 — Amendments relating to Part 12

Prison Act (Northern Ireland) 1953 (c. 18)

103

In section 38 of the Prison Act (Northern Ireland) 1953 (arrest, etc, of persons unlawfully at large), in subsection (4), for “the last foregoing sub-section” there is substituted “ subsection (2) ”.

Extradition Act 2003 (c. 41)

104

In section 11 of the Extradition Act 2003 (bars to extradition), in subsection (1A), for “by reason of forum only” there is substituted

by reason of— (a) absence of prosecution decision, or (b) forum, only

.

105

• (1) Section 21 of that Act (human rights) is amended as follows.

• (2) For the heading there is substituted “ Person unlawfully at large: human rights ”.

• (3) In subsection (1) the words “11 or” are omitted.

106

In section 26 of that Act (appeal against extradition order: category 1 territory), in subsection (4), for “Notice of an appeal” there is substituted “ Notice of application for leave to appeal ”.

107

In section 28 of that Act (appeal against discharge at extradition hearing: category 1 territory), in subsection (5), for “Notice of an appeal” there is substituted “ Notice of application for leave to appeal ”.

108

In section 35 of that Act (extradition where there is no appeal), after subsection (4) there is inserted—

(4A) If the day referred to in paragraph (a) of subsection (4) is earlier than the earliest day on which, by reason of an order under section 36B or 36C, the extradition order may be carried out (“the postponed date”), that paragraph has effect as if it referred instead to the postponed date.

109

In section 36 of that Act (extradition following appeal), after subsection (3) there is inserted—

(3A) If the day referred to in paragraph (a) of subsection (3) is earlier than the earliest day on which, by reason of an order under section 36B or 36C, the extradition order may be carried out (“the postponed date”), that paragraph has effect as if it referred instead to the postponed date.

110

In section 66 of that Act (supplementary provision for the purposes of sections 64 and 65), in subsection (1), for “(2)” there is substituted “ (1A) ”.

111

In section 103 of that Act (appeal where case sent to Secretary of State), in subsection (9), for “Notice of an appeal” there is substituted “ Notice of application for leave to appeal ”.

112

In section 105 of that Act (appeal against discharge at extradition hearing: category 2 territory), in subsection (5), for “Notice of an appeal” there is substituted “ Notice of application for leave to appeal ”.

113

• (1) Section 108 of that Act (appeal against extradition order: category 2 territory) is amended as follows.

• (2) In subsection (4), for the words before “is 14 days” there is substituted

Notice of application for leave to appeal under this section must be given— (a) in accordance with rules of court, and (b) subject to subsections (5) and (7A), before the end of the permitted period, which

.

• (3) In subsection (5)—

• (a) for “But notice of an appeal” there is substituted “ Notice of application for leave to appeal ”

• (b) after “if it is an” there is inserted “ application for leave to ”.

• (4) In subsection (6), for the words before “before the person is extradited” there is substituted “ Notice of application for leave to appeal on human rights grounds given after the end of the permitted period must be given ”.

• (5) In subsection (7)—

• (a) for “notice of an appeal” there is substituted “ notice of application for leave to appeal ”;

• (b) for “consider the appeal” there is substituted “ grant leave ”;

• (c) for “to consider the appeal” there is substituted “ for the appeal to be heard ”.

• (6) In subsection (8), for “ “appeal on human rights grounds” means an appeal” there is substituted “ “to appeal on human rights grounds” means to appeal ”.

114

In section 110 of that Act (appeal against discharge by Secretary of State), in subsection (5), for “Notice of an appeal” there is substituted “ Notice of application for leave to appeal ”.

115

In section 117 of that Act (extradition where there is no appeal), in subsection (2), for the words after “28 days” there is substituted

starting with— (a) the day on which the Secretary of State makes the extradition order, or (b) if an order is made under section 118C or 118D, the earliest day on which the extradition order may be carried out.

116

In section 118 of that Act (extradition following appeal), after subsection (2) there is inserted—

(2A) But if the day referred to in paragraph (a) or (b) of subsection (3) is earlier than the earliest day on which, by reason of an order under section 118C or 118D, the extradition order may be carried out (“the postponed date”), the required period is 28 days beginning with the postponed date.

117

In section 137 (definition of extradition offence for the purposes of Part 2 of the Act: person not sentenced for offence) subsection (9) is repealed.

118

In section 138 (definition of extradition offence for the purposes of Part 2 of the Act: person sentenced for offence) subsection (9) is repealed.

119

• (1) Section 197 of that Act (custody) is amended as follows.

• (2) In subsection (1), at the end there is inserted—

This is subject to the power to order the temporary transfer of a person under section 21B.

• (3) After subsection (6) there is inserted—

(6A) An order for a person's temporary transfer under section 21B is sufficient authority for an appropriate person— (a) to receive him; (b) to keep him in custody until he is transferred in accordance with the order; (c) to convey him to and from the territory to which he is to be transferred; (d) on his return from that territory, to keep him in custody until he is brought back to the institution to which he was committed.

120

• (1) Section 204 of that Act (warrant issued by category 1 territory: transmission by electronic means) is amended as follows.

• (2) In subsections (1)(c) and (2)(c), for “a qualifying form” there is substituted “ a form in which it is intelligible and which is capable of being used for subsequent reference ”.

• (3) In subsection (6)—

• (a) at the end of paragraph (a) there is inserted “and”;

• (b) paragraph (c) and the word “and” before it are omitted.

121

• (1) Section 216 of that Act (interpretative provisions) is amended as set out in sub-paragraphs (2) and (3).

• (2) After subsection (10) there is inserted—

(10A) Human Rights Convention” has the meaning given to “the Convention” by section 21(1) of the Human Rights Act 1998.

• (3) After subsection (12) there is inserted—

(12A) Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention.

• (4) The following provisions of that Act are repealed in consequence of sub-paragraphs (2) and (3)—

• (a) the definition of “the Refugee Convention” in section 40(4);

• (b) section 70(2A);

• (c) section 153D(3).

122

In section 223 of that Act (orders and regulations), in subsection (6)(a), after the entry for section 173(4) there is inserted—

section 189D(4); section 189E(1)(b);

.

123

In section 226 of that Act (extent), in subsection (2), after “Sections” there is inserted “ 151B, ”.

124

In Part 1 of Schedule 1 to that Act (re-extradition: category 1 territories), in paragraph 3, after “21(3)” there is inserted “ and section 21A(5) ”.

PART 5 — Amendments consequential on establishment of Police Service of Scotland

Terrorism Act 2000 (c. 11)

125

• (1) Schedule 8 to the Terrorism Act 2000 (detention) is amended as follows.

• (2) In paragraph 20B(10), for paragraph (b) of the definition of “a specified chief officer of police” there is substituted—

(b) the chief constable of the Police Service of Scotland, where— (i) the person who provided the material, or from whom it was taken, resides in Scotland, or (ii) the chief constable believes that the person is in, or is intending to come to, Scotland.

• (3) In paragraph 20J—

• (a) for paragraphs (d) and (e) of the definition of “police force” there is substituted—

(d) the Police Service of Scotland; (e) the Scottish Police Authority;

;

• (b) in the second of the three definitions of “responsible chief officer of police”, for the words after “the chief constable of” there is substituted “ the Police Service of Scotland ”.

Counter-Terrorism Act 2008 (c. 28)

126

• (1) In section 18D of the Counter-Terrorism Act 2008 (use of retained material), in subsection (2) for “the Scottish Police Services Authority” there is substituted “ the Scottish Police Authority ”.

• (2) In section 18E(1) of that Act (interpretation of sections 18 to 18E), for paragraph (d) of the definition of “police force” there is substituted—

(d) the Police Service of Scotland;

.

Meaning of “anti-social behaviour”

Authorisations to use powers under section 35

Power to issue notices

New ground for serious offences or breach of prohibitions etc

New ground for serious offences or breach of prohibitions etc

Conduct causing nuisance to landlord etc

Keeping dogs under proper control

Whether a dog is a danger to public safety

Functions of Scottish Ministers under Firearms Acts

Functions of Scottish Ministers under Firearms Acts

Possession of firearms by persons previously convicted of crime

British Transport Police: Crown status under Firearms Act 1968

Offence of breaching forced marriage protection order

Regulations to be prepared or approved by the College

Codes of practice issued by the College

Codes of practice issued by the College

Guidance by the College about employment of civilian staff

Consultation about regulations: England and Wales

Consultation about regulations: Northern Ireland

Provision of information to IPCC

Unsatisfactory performance procedures following investigation of death or serious injury matter

Financial arrangements etc for chief officers of police

Grants to local policing bodies

Power to retain fingerprints or DNA profile in connection with different offence

Powers to seize invalid passports etc

Port and border controls

Powers of community support officers

Powers of community support officers

Hostage-taking considerations

Request for temporary transfer etc

Request for temporary transfer etc

Consent to extradition not to be taken as waiver of speciality rights

Criminal Procedure Rules to apply to extradition proceedings etc

Discount on sentence for time spent in custody awaiting extradition: Northern Ireland

Discount on sentence for time spent in custody awaiting extradition: Northern Ireland

Abolition of defence of marital coercion

Surcharges: imprisonment in default and remission of fines

Amendments

Orders and regulations

Orders and regulations

Introductory

Remand in custody or on bail

Remand for medical examination and report

Further remand

Postponement of taking recognizance

Requirements imposed on remand on bail

Power to make supervision order or detention order

Supervision orders

Supervision requirements

Activity requirements

Curfew requirements

Electronic monitoring requirements

“Responsible officer”

Amendment of operative period

Amendment on change of area of residence

Revocation of supervision order

Compliance with supervision order

Non-compliance with supervision order

Copies of supervision order etc

Detention orders

Revocation of detention order

Consultation: local policing bodies

Consultation: local providers of social housing

Dissatisfaction with ASB case reviews

Assessment and revision of review procedures

Co-option arrangements

Consultation and co-operation: local providers of social housing

Information

Joint review procedures or co-option arrangements

Different review procedures or co-option arrangements for different parts of an area etc

Introduction

Sexual harm prevention orders

Sexual offences prevention orders and foreign travel orders

Sexual risk orders

Risk of sexual harm orders

Application etc of orders

Service courts

Interpretation

Powers of search and seizure etc: ports

Powers of search and seizure etc: places other than ports

Retention or return of documents seized

Offences

Examining officers

Time limits on examination without detention and on detention

Powers to search persons

Power to make and retain copies

Right of person detained under Schedule 7 to have someone informed and to consult a solicitor

Biometrics

Review of detention under Schedule 7

Codes of practice

Introduction

Additional powers to issue fixed penalty notices

Powers to issue fixed penalty notices: consultation with local authorities

General power of seizure

Powers with regard to charity collectors

Power to stop cycles

Magistrates' Courts Act 1980 (c. 43)

Housing Act 1980 (c. 51)

Highways Act 1980 (c. 66)

Police and Criminal Evidence Act 1984 (c. 60)

Prosecution of Offences Act 1985 (c. 23)

Housing Act 1985 (c. 68)

Housing Act 1988 (c. 50)

Environmental Protection Act 1990 (c. 43)

Housing Act 1996 (c. 52)

Crime and Disorder Act 1998 (c. 37)

Criminal Justice and Police Act 2001 (c. 16)

Police Reform Act 2002 (c. 30)

Licensing Act 2003 (c. 17)

Anti-social Behaviour Act 2003 (c. 38)

Clean Neighbourhoods and Environment Act 2005 (c. 16)

Government of Wales Act 2006 (c. 32)

Violent Crime Reduction Act 2006 (c. 38)

Crime and Security Act 2010 (c. 17)

Localism Act 2011 (c. 20)

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

Repeal of spent provisions etc

Criminal Procedure (Scotland) Act 1995 (c. 46)

Police Act 1997 (c. 50)

Crime and Disorder Act 1998 (c. 37)

Sexual Offences Act 2003 (c. 42)

Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)

Violent Crime Reduction Act 2006 (c. 38)

Armed Forces Act 2006 (c. 52)

Armed Forces Act 2011 (c. 18)

House of Commons Disqualification Act 1975 (c. 24)

Police Pensions Act 1976 (c. 35)

Police and Criminal Evidence Act 1984 (c. 60)

Police Act 1996 (c. 16)

Police Act 1997 (c. 50)

Police (Northern Ireland) Act 2000 (c. 32)

Freedom of Information Act 2000 (c. 36)

Police Reform Act 2002 (c. 30)

Equality Act 2010 (c. 15)

Police Reform and Social Responsibility Act 2011 (c. 13)

Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602)

Repeal or revocation of spent provisions etc

Prison Act (Northern Ireland) 1953 (c. 18)

Extradition Act 2003 (c. 41)

Terrorism Act 2000 (c. 11)

Counter-Terrorism Act 2008 (c. 28)

Editorial notes

[^c2210019]: S. 181 partly in force; s. 181(2)(4) in force at Royal Assent, see s. 185(2)(a)

[^key-dc702640ca7fdaf52397f4fe506ce7ea]: S. 147 in force at 14.3.2014 by S.I. 2014/630, art. 2

[^key-a6144872b04845abcc5668928c6ab737]: Sch. 8 para. 1 in force at 14.3.2014 by S.I. 2014/630, art. 2

[^key-596737446596e7d5af560808774141c3]: Sch. 8 para. 2 in force at 14.3.2014 by S.I. 2014/630, art. 2

[^key-22c8a90f91c143c461bb8bc2118bfc08]: Sch. 8 para. 3 in force at 14.3.2014 by S.I. 2014/630, art. 2

[^key-84f97db721da93c00f9d7e468bb639a9]: Sch. 8 para. 4 in force at 14.3.2014 by S.I. 2014/630, art. 2

[^key-532f8d3a3a1c8208171cbf63570f4466]: Sch. 8 para. 5 in force at 14.3.2014 by S.I. 2014/630, art. 2

[^key-d49bcaaf18a071aa48c565b5b56f0d72]: Sch. 8 para. 6 in force at 14.3.2014 by S.I. 2014/630, art. 2

[^key-e3b4c87dbe3f5d319e0aaff8b4eb22cb]: S. 143 in force at 20.3.2014 by S.I. 2014/630, art. 3(a)

[^key-0670bd16178ada995ddea6fd2f5247e9]: S. 181(1) in force at 20.3.2014 for specified purposes by S.I. 2014/630, art. 3(b)

[^key-2a6c08d2d182c353dd8644f4faecafab]: Sch. 11 para. 97 in force at 20.3.2014 by S.I. 2014/630, art. 3(c)

[^key-edd0aa42bfc3747b4b972d36dd64caf4]: Sch. 11 para. 98 in force at 20.3.2014 by S.I. 2014/630, art. 3(c)

[^key-92d065f8735e66f2469530fea2aa7556]: S. 98 in force at 13.5.2014 for E. by S.I. 2014/949, art. 2(a)

[^key-435d8f12efaa76fd3364b02b77054f27]: S. 100(1) in force at 13.5.2014 for E. by S.I. 2014/949, art. 2(b) (with art. 11(1)(2))

[^key-9f0502a09ea17fc9ad72a451b92b4c41]: S. 181(1) in force at 13.5.2014 for specified purposes for E. by S.I. 2014/949, art. 2(c)

[^key-29b78e86713869ca25b5b561f3ee10b6]: Sch. 11 para. 12 in force at 13.5.2014 for E. by S.I. 2014/949, art. 2(d)(i) (with art. 11(1)(2))

[^key-f4a248f34778eeb8daff3305c19bb100]: Sch. 11 para. 20 in force at 13.5.2014 for E. by S.I. 2014/949, art. 2(d)(ii) (with art. 11(1)(3))

[^key-49732742d6112ac3151f89b363154caa]: S. 99 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 1 (with art. 7)

[^key-8a2428d93427dd5b0a9951f104c97d5d]: S. 101 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 2

[^key-2c1e45a4f70269441844b0985392fce0]: S. 104(2)(a)(3)(5) in force at 13.5.2014 for specified purposes by S.I. 2014/949, art. 3, Sch. para. 3 (with art. 8)

[^key-22c1aba860203a1af5186032e098801e]: S. 104(13) in force at 13.5.2014 for specified purposes by S.I. 2014/949, art. 3, Sch. para. 4

[^key-1f041834b6f9610e41417679cadaf73c]: S. 105 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 5

[^key-123b6a287137b95faa5aabfe28b3d9dd]: S. 106 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 6 (with art. 9)

[^key-13426720e85df8551df2705789ecfe96]: S. 107 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 7

[^key-73eba39e6261c9dcff79f2a62fd42c55]: S. 112 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 8

[^key-5b50949dff67e49a3119d907df9d252b]: S. 119 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 9

[^key-cd2fb47cff0205d0b20527d929bc5c6c]: S. 123 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 10

[^key-a7d24afe98153c77cb2918dfff3914c4]: S. 124 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 10

[^key-ffa2034791441a919b7018723a134632]: S. 125 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 10

[^key-97ee2ceec0d8f2a3b0be8caa51a5054a]: S. 126 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 10

[^key-21675d151397a7997e462eeecfbd00dd]: S. 127 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 10