Policing and Crime Act 2017

(3A) The powers conferred by subsection (3B) are available to a constable in relation to— (a) a person arrested under section 136(1) or (3)(a) in the execution of a warrant issued in England and Wales in respect of an offence that is an indictable offence in England and Wales; (b) a person arrested under section 136(1) or (2)(b) in the execution of a warrant issued in Northern Ireland in respect of an offence that is an indictable offence in Northern Ireland; (c) a person arrested under section 137(1) in respect of an offence that is an indictable offence in England and Wales; (d) a person arrested under section 137(3) in respect of an offence that is an indictable offence in Northern Ireland; (e) a person arrested under section 137A(2) or (4) in respect of a specified offence committed in England and Wales; (f) a person arrested under section 137A(1) or (2) in respect of a specified offence committed in Northern Ireland. (3B) The constable may enter and search any premises in which the person was when arrested or immediately before he was arrested for evidence relating to the offence.

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

• (7) In subsection (7)—

• (a) for “subsection (3)(b)” substitute “ subsection (3B) ”;

• (b) for “that paragraph” substitute “ that subsection ”.

• (8) In subsection (8), for “subsection (3)(b)” substitute “ subsection (3B) ”.

• (9) After subsection (10) insert—

(10A) Where a constable of a police force in England and Wales searches premises in the exercise of the power conferred by subsection (3B) or where a constable of the British Transport Police searches premises in England and Wales in the exercise of that power— (a) the constable has the same powers as the constable would have under section 19 of the Police and Criminal Evidence Act 1984 if the search had taken place under section 32(2)(b) of that Act, and (b) sections 21 and 22 of that Act apply in relation to anything seized in the exercise of the powers conferred by paragraph (a) above. (10B) Where a constable of a police force in Northern Ireland searches premises in the exercise of the power conferred by subsection (3B)— (a) the constable has the same powers as the constable would have under Article 21 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)) if the search had taken place under Article 34(2)(b) of that Order, and (b) Articles 23 and 24 of that Order apply in relation to anything seized in the exercise of the powers conferred by paragraph (a) above. (10C) Where a constable of a police force in Scotland searches premises in the exercise of the power conferred by subsection (3B), or where a constable of the British Transport Police searches premises in Scotland in the exercise of that power, the constable has the same powers of seizure and retention as the constable would have if the search had taken place in the exercise of a power of the constable (by virtue of any rule of law) in relation to a person arrested and charged with an offence by the constable in Scotland.

• (10) In subsection (12)—

• (a) in the definition of “premises”, at the end of paragraph (b) (before the “and”) insert—

(ba) any renewable energy installation;

;

• (b) omit the “and” after that definition;

• (c) in the definition of “offshore installation” for “section 1 of the Mineral Workings (Offshore Installations) Act 1971” substitute “ section 44 of the Petroleum Act 1998 ”;

• (d) at the end of the subsection insert

; and renewable energy installation” has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (see section 104 of that Act).

Reciprocal powers of arrest - minor correction

5

In section 140 (reciprocal powers of arrest)—

• (a) in subsection (1), for the words in brackets substitute “ (arrest without warrant) ”;

• (b) in subsection (5), for the words in the second set of brackets substitute “ (arrest without warrant) ”.

References to the British Transport Commission Act 1949 - updating

6

In each of the following places, for references to “section 53 of the British Transport Commission Act 1949” substitute “ section 24 of the Railways and Transport Safety Act 2003 ”

• (a) section 136(1) and (2);

• (b) section 137(2A);

• (c) section 140(6A).

Other amendments

7

• (1) Section 136 (execution of warrants) is amended as follows.

• (2) After subsection (4) insert—

(4A) The following provisions apply in relation to the execution under this section by a constable of a warrant issued in England and Wales or Northern Ireland— (a) where the warrant is executed under subsection (1), the constable has the same powers of entry and search for the purpose of executing the warrant as a constable of a police force in Scotland would have if the warrant had been issued in Scotland; (b) where the warrant is executed under subsection (2)(b) or (3)(a), the constable has the powers of entry and search conferred by section 137E; (c) where the warrant is executed under subsection (1), (2)(b) or (3)(a), the constable has the powers conferred by section 139 in relation to the arrested person; (d) the constable may use reasonable force, if necessary, in arresting the person or in exercising the powers conferred by sections 137E and 139.

• (3) In subsection (5), omit paragraph (a).

8

• (1) Section 137 (cross-border powers of arrest etc.) is amended as follows.

• (2) After subsection (7) insert—

(7A) The following provisions apply in relation to an arrest under this section by a constable under subsection (1) or (3)— (a) where the arrest is under subsection (1) in Northern Ireland or under subsection (3) in England and Wales, the constable has the powers of entry and search conferred by section 137E; (b) where the arrest is under subsection (1) or (3) in Scotland, the constable has the same powers of entry and search for the purpose of the arrest as a constable of a police force in Scotland would have if there were reasonable grounds for suspecting that the offence had been committed or attempted in Scotland; (c) the constable has the powers conferred by section 139 in relation to the arrested person; (d) the constable may use reasonable force, if necessary, in arresting the person or in exercising the powers conferred by sections 137E and 139.

• (3) In subsection (8), omit paragraph (a).

Part 2 — Amendments of other legislation

Finance Act 2007 (c.11)

9

• (1) Section 87 of the Finance Act 2007 (cross-border exercise of powers) is amended as follows.

• (2) After subsection (2) insert—

(2A) In the application of section 137C where a person is arrested under section 137A by an officer of Revenue and Customs in respect of a specified offence that is being investigated by an officer of Revenue and Customs— (a) subsection (2)(b) is to be read as if (instead of requiring the detention to be authorised by both an officer of at least the rank of inspector in the arresting force and an officer of at least the rank of inspector in the investigating force) it required the detention to be authorised by an officer of Revenue and Customs of at least the grade equivalent to the rank of inspector; (b) subsection (2)(c) is to be read as if (instead of requiring the detention to be authorised by both an officer of a rank above that of inspector in the arresting force and an officer of a rank above that of inspector in the investigating force) it required the detention to be authorised by an officer of Revenue and Customs of a grade above that equivalent to the rank of inspector; (c) subsection (3) is omitted; (d) in subsections (4) and (5), the reference to an officer of the investigating force is to be read as a reference to an officer of Revenue and Customs; (e) in subsection (6), the reference to an appropriate officer in the investigating force is to be read as a reference to an appropriate officer of Revenue and Customs (as defined by subsection (7)); (f) subsection (6)(a) is omitted; (g) in subsection (7)(b), the reference to an officer of at least the rank of inspector is to be read as a reference to an officer of Revenue and Customs of at least the equivalent grade; (h) in subsection (7)(c), the reference to an officer of a rank above that of inspector is to be read as a reference to an officer of Revenue and Customs of above the equivalent grade; (i) subsections (8) to (10) are omitted. (2B) Where section 137C applies in accordance with subsection (2A), Schedule 7B applies with the following modifications— (a) any reference to a constable in the arresting force is to be read as a reference to an officer of Revenue and Customs; (b) any reference to an officer of at least, or above, a particular rank in the investigating force is to be read as a reference to an officer of Revenue and Customs of at least, or above, the equivalent grade; (c) any reference to the arresting force or to the investigating force (otherwise than in relation to a description of officer in the force) is to be read as a reference to officers of Revenue and Customs; (d) instead of the modification made by paragraph 9, section 42 of the Criminal Justice (Scotland) Act 2016 is to be read as if the references in subsections (1)(c)(ii) and (3)(b) to the police were references to officers of Revenue and Customs; (e) the Schedule is to be read as if it also provided for references in the provisions applied by section 137D(2)(d), (3)(d) and (4)(d) to a police station to include references to an office of Revenue and Customs. (2C) In the application of section 137C where a person is arrested under section 137A by an officer of Revenue and Customs in respect of a specified offence other than one that is being investigated by an officer of Revenue and Customs— (a) any reference to an officer of at least, or above, the rank of inspector in the arresting force is to be read as a reference to an officer of Revenue and Customs of at least, or above, the equivalent grade; (b) the reference in subsection (6)(a) to the arresting force is to be read as a reference to any officer of Revenue and Customs. (2D) Where section 137C applies in accordance with subsection (2C), Schedule 7B applies with the following modifications— (a) any reference to a constable in the arresting force is to be read as a reference to an officer of Revenue and Customs; (b) any reference to the arresting force (otherwise than in relation to a description of officer in the force) is to be read as a reference to officers of Revenue and Customs; (c) instead of the modification made by paragraph 9, section 42 of the Criminal Justice (Scotland) Act 2016 is to be read as if the references in subsections (1)(c)(ii) and (3)(b) to the police were references to officers of Revenue and Customs; (d) the Schedule is to be read as if it also provided for references in the provisions applied by section 137D(2)(d), (3)(d) and (4)(d) to a police station to include references to an office of Revenue and Customs.

Crime and Courts Act 2013 (c.22)

10

• (1) In Schedule 21 to the Crime and Courts Act 2013 (powers of immigration officers), Part 2 (modification of applied enactments) is amended as follows.

• (2) In paragraph 41, for “Paragraphs 42 and 43” substitute “ Paragraphs 42 to 43 ”.

• (3) After paragraph 42 insert—

(42A) (1) This paragraph has effect in relation to the application of section 137C of the 1994 Act where a person is arrested under section 137A by an immigration officer in respect of a specified offence that is being investigated by an immigration officer. (2) Subsection (2)(b) is to be read as if (instead of requiring the detention to be authorised by both an officer of at least the rank of inspector in the arresting force and an officer of at least the rank of inspector in the investigating force) it required the detention to be authorised by an immigration officer of at least the grade equivalent to the rank of inspector. (3) Subsection (2)(c) is to be read as if (instead of requiring the detention to be authorised by both an officer of a rank above that of inspector in the arresting force and an officer of a rank above that of inspector in the investigating force) it required the detention to be authorised by an immigration officer of a grade above that equivalent to the rank of inspector. (4) Subsection (3) is omitted. (5) In subsections (4) and (5), the reference to an officer of the investigating force is to be read as a reference to an officer of Revenue and Customs. (6) In subsection (6), the reference to an appropriate officer in the investigating force is to be read as a reference to an appropriate immigration officer (as defined by subsection (7)). (7) Subsection (6)(a) is omitted. (8) In subsection (7)— (a) in paragraph (b), the reference to an officer of at least the rank of inspector is a reference to an immigration officer of at least the equivalent grade; (b) in paragraph (c), the reference to an officer of a rank above that of inspector is to be read as a reference to an immigration officer of above the equivalent grade. (9) Subsections (8) to (10) are omitted. (42B) (1) Where section 137C applies in accordance with paragraph 42A, Schedule 7B applies with the following modifications. (2) Any reference to a constable in the arresting force is to be read as a reference to an immigration officer. (3) Any reference to an officer of at least, or above, the rank of inspector in the investigating force is to be read as a reference to an immigration officer who is at least, or above, the equivalent grade. (4) Any reference to the arresting force or to the investigating force (otherwise than in relation to a description of officer in the force) is to be read as a reference to immigration officers. (5) Instead of the modification made by paragraph 9, section 42 of the Criminal Justice (Scotland) Act 2016 is to be read as if the references in subsections (1)(c)(ii) and (3)(b) to the police were references to immigration officers. (42C) (1) This paragraph has effect in relation to the application of section 137C of the 1994 Act where a person is arrested under section 137A by an immigration officer in respect of a specified offence other than one that is being investigated by an immigration officer. (2) Any reference to an officer of at least, or above, the rank of inspector in the arresting force is to be read as a reference to an immigration officer of at least, or above, the equivalent grade. (3) The reference in subsection (6)(a) to the arresting force is to be read as a reference to any immigration officer. (42D) (1) Where section 137C applies in accordance with paragraph 42C, Schedule 7B applies with the following modifications. (2) Any reference to a constable in the arresting force is to be read as a reference to an immigration officer. (3) Any reference to the arresting force (otherwise than in relation to a description of officer in the force) is to be read as a reference to immigration officers. (4) Instead of the modification made by paragraph 9, section 42 of the Criminal Justice (Scotland) Act 2016 is to be read as if the references in subsections (1)(c)(ii) and (3)(b) to the police were references to immigration officers.

SCHEDULE 18

1

Chapter 2 of Part 2 of the Police Reform and Social Responsibility Act 2011 (late night levy) is amended as follows.

2

• (1) Section 126 (“relevant late night authorisation” and related definitions) is amended as follows.

• (2) In subsection (2)—

• (a) for “ “Relevant late night authorisation”” substitute “ “Relevant late night alcohol authorisation” ”;

• (b) after “licensing authority” insert “ , a late night levy requirement ”;

• (c) at the end of paragraph (b) insert “ (whether or not it also authorises the provision of late night refreshment at a time or times during such a period) ”.

• (3) After subsection (2) insert—

(2A) Relevant late night refreshment authorisation”, in relation to a licensing authority, a late night levy requirement and a levy year, means a premises licence which— (a) is granted by the authority, (b) authorises the provision of late night refreshment at a time or times during the late night supply period on one or more days in the related payment year, and (c) does not also authorise the supply of alcohol at a time or times during any such period.

• (4) After subsection (3) insert—

(3A) Where a licensing authority decides under section 125(2) to apply a late night levy requirement in respect of both relevant late night alcohol authorisations and relevant late night refreshment authorisations, the licensing authority may determine under section 132(1)— (a) a single late night levy period that is to apply in respect of both kinds of authorisations, or (b) two late night levy periods, one of which is to apply in respect of relevant late night alcohol authorisations and the other of which is to apply in respect of relevant late night refreshment authorisations.

• (5) In subsection (5), for “The late night supply period” substitute “ A late night supply period ”.

• (6) In subsection (8)—

• (a) for “the late night levy requirement” substitute “ a late night levy requirement ”;

• (b) omit “in its area”.

3

• (1) Section 127 (liability to pay late night levy) is amended as follows.

• (2) In subsection (1)—

• (a) for “the late night levy requirement” substitute “ a late night levy requirement ”;

• (b) after “the area” insert “ or part of the area ”;

• (c) for “a relevant late night authorisation” substitute “ a late night authorisation to which the requirement relates ”.

• (3) In subsection (2), for “a relevant late night authorisation” substitute “ a late night authorisation to which the requirement relates ”.

• (4) After subsection (2) insert—

(2A) In addition, if the requirement relates to a late night authorisation that is a relevant late night refreshment authorisation, the holder of the authorisation is not liable to pay the late night levy for a levy year if only hot drinks are supplied (or held out for supply) in reliance on the authorisation during the levy year.

• (5) In subsection (3), for “in its area” substitute “ in relation to the late night levy requirement ”.

4

• (1) Section 128 (amount of late night levy) is amended as follows.

• (2) In subsection (1) after “For” insert “ any levy requirement and ”.

• (3) In subsection (2), for “a relevant late night authorisation” substitute “ a late night authorisation to which a late night levy requirement relates ”.

• (4) In subsection (3)—

• (a) after “in relation to” insert “ a late night levy requirement and ”;

• (b) for “in its area” substitute “ in relation to the late night levy requirement ”.

• (5) In subsection (4)—

• (a) for “the late night levy” substitute “ a late night levy ”;

• (b) after “the same” insert “ , in respect of all late night levy requirements ”;

• (c) for “the levy” substitute “ a levy ”;

• (d) omit “for the levy year”.

5

• (1) Section 129 (payment and administration of the levy) is amended as follows.

• (2) In subsection (1), in the closing words, for “the late night levy” substitute “ a late night levy ”.

• (3) In subsection (2)—

• (a) for “the levy” substitute “ a levy ”;

• (b) for “relevant late night authorisations” substitute “ a late night authorisation to which a late night levy requirement relates ”.

• (4) In subsection (4)—

• (a) in paragraph (a), for “a relevant late night authorisation” substitute “ a late night authorisation to which a late night levy requirement relates ”;

• (b) in paragraph (b), for “a relevant late night authorisation” substitute “ a late night authorisation to which a late night levy requirement relates ”;

• (c) in paragraph (c), for “the relevant late night authorisation” substitute “ a relevant late night alcohol authorisation to which a late night levy requirement relates ”;

• (d) in the closing words, for “the levy year” substitute “ the levy year in question ”.

• (5) In subsection (5), for “the late night levy” substitute “ a late night levy ”.

• (6) In subsection (6), in the closing words, for “the late night levy” (in both places where it occurs) substitute “ a late night levy ”.

6

• (1) Section 130 (net amount of levy payments) is amended as follows.

• (2) In subsection (1), after “In this Chapter” insert “ , in relation to a late night levy requirement, ”.

• (3) In subsection (3), for “the late night levy requirement” substitute “ a late night levy requirement ”.

• (4) In subsection (5), in the opening words, at the beginning insert “ In relation to a late night levy requirement, ”.

7

• (1) Section 131 (application of net amount of levy payments) is amended as follows.

• (2) In subsection (1), at the beginning insert “ In relation to a late night levy requirement, ”.

• (3) After subsection (4) insert—

(4A) The licensing authority must publish information as to how it applies the remainder of the net amount mentioned in subsection (2)(b). (4B) The information must be published at least once in each calendar year during which any part of the remainder is applied. (4C) It is for the licensing authority to determine the manner in which the information is published.

• (4) In subsection (6)(b), for “in respect of the levy” substitute “ in respect of a levy ”.

8

• (1) Section 132 (introduction of late night levy requirement) is amended as follows.

• (2) In subsection (1)—

• (a) in the opening words, for “the late night levy requirement” substitute “ a late night levy requirement ”;

• (b) in those words, omit “in its area”;

• (c) in paragraph (b)—

• (i) in sub-paragraph (i), after “period” insert “ or periods (as to which see section 126(3A)) ”;

• (ii) in sub-paragraph (ii), omit “in its area”;

• (iii) in sub-paragraph (iii), omit “in its area”.

9

• (1) Section 133 (amendment of late night levy requirement) is amended as follows.

• (2) In subsection (1)—

• (a) in the opening words, for the words from the beginning to “section 125,” substitute “ Where, in consequence of a decision by a licensing authority under section 125, a late night levy requirement applies, ”

• (b) in paragraph (a), omit “in the area”;

• (c) in paragraph (c), for “in the area” substitute “ in relation to the late night levy requirement ”.

• (3) After subsection (1) insert—

(1A) Where the late night levy requirement is in respect of both relevant late night alcohol authorisations and relevant late night refreshment authorisations, the power conferred by subsection (1)(b) includes— (a) where a single late night levy period applies, power to decide that two late night levy periods are to apply instead; (b) where two late night levy periods apply, power to decide that a single late night levy period is to apply instead.

• (4) In subsection (4)—

• (a) in paragraph (b), omit “in the area of a licensing authority”;

• (b) in that paragraph, after “relevant decision” insert “ by a licensing authority ”;

• (c) in the closing words, omit “in its area”.

10

• (1) Section 134 (introduction or variation of late night levy requirement: procedure) is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (a), for “the late night levy requirement” substitute “ a late night levy requirement ”;

• (b) in that paragraph, omit “in the area of the licensing authority”;

• (c) in paragraph (b), for “the late night levy requirement” substitute “ a late night levy requirement ”;

• (d) in that paragraph omit “in the area of the licensing authority”.

• (3) In subsection (2)—

• (a) in paragraph (a)(iii), for “relevant late night authorisations” substitute “ late night authorisations to which the levy requirement in question relates or would relate ”;

• (b) in paragraph (c)(i), for “so as to cease to be a relevant late night authorisation before the beginning of the first levy year” substitute “ so that it is not a late night authorisation to which the levy requirement relates at the beginning of the first levy year ”.

• (4) In subsection (3)—

• (a) for “the late night levy requirement” substitute “ a late night levy requirement ”;

• (b) omit “to the area of a licensing authority”.

• (5) In subsection (4)—

• (a) for “the late night levy requirement” substitute “ a late night levy requirement ”;

• (b) omit “in its area”.

• (6) Omit subsection (5).

11

• (1) Section 135 (permitted exemption and reduction categories) is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (a), for “relevant late night authorisations” substitute “ relevant late night alcohol authorisations or relevant late night refreshment authorisations ”;

• (b) in that paragraph, for “the requirement to pay the late night levy is not to apply” substitute “ no requirement to pay a late night levy is to apply ”;

• (c) in paragraph (b), for “relevant late night authorisations” substitute “ relevant late night alcohol authorisations or relevant late night refreshment authorisations ”;

• (d) in that paragraph, for “the levy” substitute “ a levy ”.

• (3) In subsection (2), omit “in its area”.

• (4) In subsection (4)—

• (a) in paragraph (a), for “the levy” substitute “ a levy ”;

• (b) in paragraph (b), for “the levy” substitute “ a levy ”;

• (c) in the closing words—

• (i) for “the late night levy” substitute “ a late night levy ”;

• (ii) after “the same” insert “ , in respect of all late night levy requirements, ”;

• (iii) for “relevant late night authorisations” substitute “ relevant late night alcohol authorisations or relevant late night refreshment authorisations ”;

• (iv) omit “for a levy year”.

12

After section 136 insert—

(136A) (1) The relevant local policing body in relation to a licensing authority may request the licensing authority to make a proposal for a decision under section 125(2) that a late night levy requirement of a kind described in the request is to apply. (2) In deciding whether to make a request, the relevant local policing body must consider the matters mentioned in section 125(3). (3) A request must be accompanied by any evidence the relevant local policing body has in support of its request. (4) In deciding how to respond to the request, the licensing authority must consider the matters mentioned in section 125(3). (5) The licensing authority must publish— (a) the request, including the evidence accompanying it, and (b) its response to the request. (6) The response must include reasons, including an explanation of the outcome of the authority's consideration of the matters mentioned in section 125(3). (7) It is for the licensing authority to determine the manner in which it publishes the request and its response under subsection (4).

13

• (1) Section 137 (interpretation) is amended as follows.

• (2) For “ “the late night levy requirement”” substitute “ “a late night levy requirement” ”.

• (3) At the appropriate place insert—

“late night refreshment” has the same meaning as in the Licensing Act 2003 (see Schedule 2 to that Act);

.

• (4) In the definition of “levy year”—

• (a) for “the late night levy requirement” substitute “ a late night levy requirement ”;

• (b) omit “in the area of the authority”.

• (5) In the definition of “payment year”, for “a relevant late night authorisation” substitute “ a late night authorisation to which a late night levy requirement relates ”.

SCHEDULE 19

Police Act 1997 (c. 50)

1

• (1) Section 93 of the Police Act 1997 (authorisations to interfere with property etc) is amended as follows.

• (2) In subsection (1B), after “National Crime Agency officer” insert “ giving an authorisation on an application made by virtue of subsection (3)(b)(i) ”.

• (3) In subsection (3)—

• (a) omit “or” at the end of paragraph (za)(i);

• (b) in paragraph (za)(ii) for “section 23(1)” substitute “ section 22A ”;

• (c) at the end of paragraph (za)(ii) insert

or (iii) in a case where the chief officer of police of the authorising force has made an agreement under that section with the Director General of the National Crime Agency, by a National Crime Agency officer (but see subsection (3AA));

;

• (d) in paragraph (b)—

• (i) for “subsection (5)(f), by” substitute

subsection (5)(f)— (i) by

;

• (ii) at the end insert

or (ii) in a case where the Director General of the National Crime Agency has made an agreement under section 22A of the Police Act 1996 with the chief officer of police of one or more police forces, by a member of a collaborative force;

.

• (4) After subsection (3A) insert—

(3AA) A National Crime Agency officer may make an application by virtue of subsection (3)(za)(iii) only if permitted by the terms of the agreement mentioned in that provision to make applications for authorisations under this section to the authorising officer of the authorising force. (3AB) For the purposes of subsection (3)(b), a police force is a collaborative force if— (a) its chief officer of police is a party to the agreement mentioned in that provision, and (b) its members are permitted by the terms of the agreement to make applications for authorisations under this section to the authorising officer mentioned in that provision. Paragraph (b) of subsection (3A) applies for the purposes of this subsection.

• (5) In subsection (6)—

• (a) after paragraph (aa) insert—

(ab) in relation to a person within any of those paragraphs to whom an application is made by virtue of subsection (3)(za)(iii), means the area in England and Wales for which— (i) the person's police force is maintained, or (ii) any other police force whose chief officer of police is a party to the agreement mentioned in subsection (3)(za)(iii) is maintained, and which is specified in relation to NCA officers in the agreement mentioned in that provision;

;

• (b) after paragraph (cb) insert—

(cba) in relation to a person within subsection (5)(f) to whom an application is made by virtue of subsection (3)(b)(ii), means the area in England and Wales— (i) for which any collaborative force (within the meaning of subsection (3AB)) is maintained, and (ii) which is specified in relation to members of that force in the agreement mentioned in subsection (3)(b)(ii);

.

Regulation of Investigatory Powers Act 2000 (c. 23)

2

The Regulation of Investigatory Powers Act 2000 is amended as follows.

3

• (1) Section 29 (authorisation of covert human intelligence sources) is amended as follows.

• (2) For subsection (2A) substitute—

(2A) For the meaning of “relevant collaborative unit” in subsection (2)(c)(i), see section 29A.

• (3) In subsection (4A), at the end of paragraph (a) insert “ (see section 29A for the meaning of “qualifying person”) ”.

• (4) Omit subsection (7A).

• (5) Omit subsection (10).

4

After section 29 insert—

(29A) (1) For the purposes of section 29(2)(c)(i), a “relevant collaborative unit” is a unit that falls within subsection (2) or (3). (2) A unit falls within this subsection if— (a) it consists of two or more police forces whose chief officers of police have made an agreement under section 22A of the Police Act 1996, and (b) the agreement relates to the discharge by persons holding offices, ranks or positions with any of the forces of functions in connection with the conduct or use of the covert human intelligence source concerned. (3) A unit falls within this subsection if— (a) it consists of one or more police forces and the National Crime Agency, (b) it is in place by virtue of an agreement made under section 22A of the Police Act 1996, and (c) the agreement relates to the discharge by persons holding offices, ranks or positions within any such force, or by persons who are National Crime Agency officers, of functions in connection with the conduct or use of the covert human intelligence source concerned. (4) In the case of a relevant collaborative unit that falls within subsection (2), a person is a “qualifying person” for the purposes of section 29(4A) if— (a) the person holds an office, rank or position with a police force whose chief officer of police is a party to the agreement mentioned in subsection (2)(a) above, and (b) the person is permitted by the terms of the agreement to have the responsibility mentioned in section 29(4A)(a) or (c) or the general oversight mentioned in section 29(4A)(b). (5) In the case of a relevant collaborative unit that falls within subsection (3), a person is a qualifying person for the purposes of section 29(4A) if— (a) the person— (i) is a National Crime Agency officer, or (ii) holds an office, rank or position with a police force whose chief officer of police is a party to the agreement mentioned in subsection (3)(b) above, and (b) the person is permitted by the terms of the agreement to have the responsibility mentioned in section 29(4A)(a) or (c) or the general oversight mentioned in section 29(4A)(b). (6) For the purposes of this section references to a police force are to the following— (a) any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London), (b) the metropolitan police force, and (c) the City of London police force.

5

• (1) Section 33 (rules for grant of authorisations) is amended as follows.

• (2) In subsection (1), after “(1ZB)” insert “ and section 33A ”.

• (3) In subsection (1ZA), for “23(1)” substitute “ 22A ”.

• (4) In subsection (1A), at the end insert “ (subject to section 33A) ”.

• (5) In subsection (3), after “(3ZB)” insert “ and section 33A ”.

• (6) In subsection (3ZA), in paragraph (a) for “23(1)” substitute “ 22A ”.

• (7) In subsection (3A), at the end insert “ (subject to section 33A) ”.

6

After section 33 insert—

(33A) (1) This section applies where the Director General of the National Crime Agency has made a collaboration agreement with the chief officer of police of one or more police forces (a “collaborative police force”). (2) A person who is a designated person for the purposes of section 28 or 29 by reference to an office, rank or position with a collaborative police force may grant an authorisation under that section on an application made by a National Crime Agency officer. (3) A person who is a designated person for the purposes of section 28 or 29 by reference to their position as a National Crime Agency officer may grant an authorisation under that section on an application made by a member of a collaborative police force. (4) Authorisations may be granted to persons by virtue of subsection (2) or (3) only if such persons are permitted under the terms of the collaboration agreement to make applications for authorisations under section 28 or 29 to a person who is a designated person for the purposes of that section— (a) in the case of authorisations granted by virtue of subsection (2), by reference to an office, rank or position with the collaborative police force concerned, or (b) in the case of authorisations granted by virtue of subsection (3), by reference to the person's position as a National Crime Agency officer. (5) A person who is a senior authorising officer by reference to a collaborative police force may grant an authorisation for the carrying out of intrusive surveillance on an application made by a National Crime Agency officer. (6) The Director General of the National Crime Agency, or a person designated for the purposes of section 32(6)(k) by that Director General, may grant an authorisation for the carrying out of intrusive surveillance on an application made by a member of a collaborative police force. (7) Authorisations may be granted to persons by virtue of subsection (5) or (6) only if such persons are permitted under the terms of the collaboration agreement to make applications for authorisations for the carrying out of intrusive surveillance to a person who— (a) in the case of authorisations granted by virtue of subsection (5), is a senior authorising officer by reference to the collaborative police force concerned, or (b) in the case of authorisations granted by virtue of subsection (6), is the Director General of the National Crime Agency or a person designated for the purposes of section 32(6)(k) by that Director General. (8) In the case of an application made by virtue of subsection (5) or (6) for the carrying out of intrusive surveillance in relation to any residential premises, authorisation may be granted only in relation to premises in the area which is— (a) the area of operation of a collaborative police force, and (b) specified in relation to members of that force in the collaboration agreement. (9) For the purposes of this section the area of operation of a collaborative police force is the area for which that force is maintained. (10) In this section— - “collaboration agreement” means an agreement made under section 22A of the Police Act 1996; - “collaborative police force” has the meaning given by subsection (1); - “police force” has the meaning given by section 33(5A).

Duties in relation to collaboration agreements

Combined authority mayors: exercise of fire and rescue functions

Transfer of property, rights and liabilities to the London Fire Commissioner

Fire safety inspections

Definition of police complaint

Duty to keep complainant and other interested persons informed

Initiation of investigations by IPCC

IPCC power to require re-investigation

Sensitive information received by IPCC: restriction on disclosure

Oversight functions of local policing bodies

Oversight functions of local policing bodies

Transfer of staff to local policing bodies

Power to make super-complaints

Regulations about super-complaints

Disciplinary proceedings: former members of police forces and former special constables

Appeals to Police Appeals Tribunals

Exercise of functions

Exercise of functions

Powers of inspectors to obtain information, access to police premises etc

Powers of police civilian staff and police volunteers

Application of Firearms Act 1968 to the police: special constables and volunteers

Training etc of police volunteers

Police volunteers: complaints and disciplinary matters

Section 47: consequential amendments

Police volunteers: inspection

Further amendments consequential on section 38 etc

Section 47: consequential amendments

Freedom of Information Act etc: Police Federation for England and Wales

Section 52: consequential amendments

Release from detention at a police station

Release following arrest for breach of bail etc

Release from further detention at police station

Warrants of further detention: release

Release without bail: fingerprinting and samples

Release under section 24A of the Criminal Justice Act 2003

Bail before charge: conditions of bail etc

Limit on period of bail under section 30A of PACE

Limits on period of bail without charge under Part 4 of PACE

Section 63: consequential amendments

Release under provisions of PACE: re-arrest

Duty to notify person released under section 34, 37 or 37CA of PACE that not to be prosecuted

Offence of breach of pre-charge bail conditions relating to travel

Retention of fingerprints and DNA profiles: Terrorism Act 2000

PACE: treatment of those aged 17

PACE: detention: use of live links

PACE: interviews: use of live links

PACE: audio recording of interviews

PACE: consultation on codes of practice

Extension of powers under sections 135 and 136 of the Mental Health Act 1983

Restrictions on places that may be used as places of safety

Protective searches: individuals removed etc under section 135 or 136 of the Mental Health Act 1983

Controls on defectively deactivated weapons

Cross-border enforcement: powers of entry to effect arrest

Interim steps pending review: representations

Summary reviews of premises licences: review of interim steps

Amendments to the names of police areas

Firearms Act 1968: meaning of “firearm” etc

Firearms Act 1968: meaning of “antique firearm”

Authorised lending and possession of firearms for hunting etc

Controls on ammunition which expands on impact

Authorised lending and possession of firearms for hunting etc

Interim steps pending review: representations

Interim steps pending review: representations

Personal licences: licensing authority powers in relation to convictions

Powers to seize etc invalid travel documents

Interpretation

Power to enter into police collaboration agreements

Powers of NCA officers in relation to customs matters

Powers of NCA officers in relation to customs matters

Requirement to state nationality

Pilot schemes

Powers to seize etc invalid travel documents

Other pardons for convictions etc of certain abolished offences: Northern Ireland

Other pardons for convictions etc of certain abolished offences: England and Wales

Powers of litter authorities in Scotland

Posthumous pardons for convictions etc of certain abolished offences: Northern Ireland

Anonymity of victims of forced marriage: Northern Ireland

Power to provide for disregards and pardons for additional abolished offences: Northern Ireland

Sections 169 to 171: supplementary

Sentences for offences of putting people in fear of violence etc

Sentences for offences of putting people in fear of violence etc

Child sexual exploitation: streaming indecent images

Licensing functions under taxi and PHV legislation: protection of children and vulnerable adults

Powers of litter authorities in Scotland

Fire Services Act 1947 (c. 41)

Landlord and Tenant Act 1954 (c. 56)

Local Government Act 1966 (c. 42)

Leasehold Reform Act 1967 (c. 88)

Local Government Grants (Social Need) Act 1969 (c. 2)

Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)

Local Authorities (Goods and Services) Act 1970 (c. 39)

Local Government Act 1972 (c. 70)

Employment Agencies Act 1973 (c. 35)

Local Government Act 1974 (c. 7)

Health and Safety at Work etc Act 1974 (c. 37)

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

Rent (Agriculture) Act 1976 (c. 80)

Rent Act 1977 (c. 42)

Protection from Eviction Act 1977 (c. 43)

Local Government, Planning and Land Act 1980 (c. 65)

Acquisition of Land Act 1981 (c. 67)

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

County Courts Act 1984 (c. 28)

Housing Act 1985 (c. 68)

Landlord and Tenant Act 1985 (c.70)

Local Government Act 1986 (c. 10)

Landlord and Tenant Act 1987 (c.31)

Local Government Act 1988 (c. 9)

Housing Act 1988 (c. 50)

Road Traffic Act 1988 (c. 52)

Local Government and Housing Act 1989 (c. 42)

Town and Country Planning Act 1990 (c. 8)

Local Government Finance Act 1992 (c. 14)

Local Government (Overseas Assistance) Act 1993 (c. 25)

Deregulation and Contracting Out Act 1994 (c. 40)

Police Act 1996 (c. 16)

Crime and Disorder Act 1998 (c. 37)

Freedom of Information Act 2000 (c. 36)

Police Reform Act 2002 (c. 30)

Local Government Act 2003 (c. 26)

Local Government and Public Involvement in Health Act 2007 (c. 28)

Equality Act 2010 (c. 15)

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

Localism Act 2011 (c. 20)

Public Service Pensions Act 2013 (c. 25)

Energy Act 2013 (c. 32)

Local Audit and Accountability Act 2014 (c. 2)

Essex County Council Act 1952 (c. l)

Landlord and Tenant Act 1954 (c. 56)

Local Government (Records) Act 1962 (c. 56)

London Government Act 1963 (c. 33)

Local Government Act 1966 (c. 42)

Leasehold Reform Act 1967 (c. 88)

Local Government Grants (Social Need) Act 1969 (c. 2)

Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)

Greater London Council (General Powers) Act 1969 (c. lii)

Local Authorities (Goods and Services) Act 1970 (c. 39)

Pensions (Increase) Act 1971 (c. 56)

Local Government Act 1972 (c. 70)

Employment Agencies Act 1973 (c. 35)

Local Government Act 1974 (c. 7)

Health and Safety at Work etc Act 1974 (c. 37)

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

Rent (Agriculture) Act 1976 (c. 80)

Rent Act 1977 (c. 42)

London Hydraulic Power Act 1977 (c. xi)

Protection from Eviction Act 1977 (c. 43)

Local Government, Planning and Land Act 1980 (c. 65)

Acquisition of Land Act 1981 (c. 67)

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

County Courts Act 1984 (c. 28)

Local Government Act 1985 (c. 51)

Housing Act 1985 (c. 68)

Housing Associations Act 1985 (c.69)

Landlord and Tenant Act 1985 (c.70)

Local Government Act 1986 (c. 10)

Landlord and Tenant Act 1987 (c.31)

Local Government Act 1988 (c. 9)

Housing Act 1988 (c. 50)

Road Traffic Act 1988 (c. 52)

Local Government and Housing Act 1989 (c. 42)

Town and Country Planning Act 1990 (c. 8)

London Local Authorities Act 1991 (c. xiii)

Local Government (Overseas Assistance) Act 1993 (c. 25)

London Local Authorities Act 1995 (c. x)

Housing Grants, Construction and Regeneration Act 1996 (c. 53)

Channel Tunnel Rail Link Act 1996 (c. 61)

Crime and Disorder Act 1998 (c. 37)

Local Government Act 1999 (c. 27)

Freedom of Information Act 2000 (c. 36)

Courts Act 2003 (c. 39)

Fire and Rescue Services Act 2004 (c. 21)

Local Government and Public Involvement in Health Act 2007 (c. 28)

Crossrail Act 2008 (c. 18)

Equality Act 2010 (c. 15)

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

Localism Act 2011 (c. 20)

Energy Act 2013 (c. 32)

Local Audit and Accountability Act 2014 (c. 2)

Consequential repeals

Ministry of Defence Police Act 1987 (c. 4)

Railways and Transport Safety Act 2003 (c. 20)

Energy Act 2004 (c. 20)

Introductory

Director General

Appointment etc of members

Vacancy or incapacity in office of Director General

Remuneration arrangements

Staff

Delegation of functions

Protection from personal liability

Regional offices

Proceedings

Superannuation Act 1972 (c. 11)

House of Commons Disqualification Act 1975 (c. 24)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

Police Pensions Act 1976 (c. 35)

Ministry of Defence Police Act 1987 (c. 4)

Aviation and Maritime Security Act 1990 (c. 31)

Police Act 1996 (c. 16)

Freedom of Information Act 2000 (c. 36)

Fire and Rescue Services Act 2004 (c. 21)

Commissioners for Revenue and Customs Act 2005 (c. 11)

Police and Justice Act 2006 (c. 48)

Local Democracy, Economic Development and Construction Act 2009 (c. 20)

Coroners and Justice Act 2009 (c. 25)

Equality Act 2010 (c. 15)

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

Investigatory Powers Act 2016

Chronically Sick and Disabled Persons Act 1970 (c.44)

Aviation Security Act 1982 (c.36)

Road Traffic Offenders Act 1988 (c.53)

Greater London Authority Act 1999 (c.29)

Police Reform Act 2002 (c.30)

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

Replacement of definition of ACPO with definition of NPCC

Repeal of references to ACPO

Substitution of references to NPCC for references to ACPO

Powers of constables of PSNI etc under section 137

Powers to search premises under section 139

Reciprocal powers of arrest - minor correction

References to the British Transport Commission Act 1949 - updating

Other amendments

Finance Act 2007 (c.11)

Crime and Courts Act 2013 (c.22)

Police Act 1997 (c. 50)

Regulation of Investigatory Powers Act 2000 (c. 23)

Editorial notes