Legalize / United Kingdom / Public General Act

Policing and Crime Act 2017

Type Public General Act

Publication 2017-01-31

Last updated 2023-12-26

State In force

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Source legislation.gov.uk

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(b) require the production of documents, books or records relating to the ship or anything on it, other than anything that the law enforcement officer has reasonable grounds to believe to be an item subject to legal privilege;

(7) The power in subsection (6)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.

(8) The power of a law enforcement officer under subsection (2)(b) or (c) or (3) may be exercised on the ship or elsewhere.

Power of arrest and seizure

90

(1) This section applies if a law enforcement officer has reasonable grounds to suspect that an offence under the law of England and Wales has been, or is being, committed on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 84 or 86.

(2) The law enforcement officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of the offence.

(3) The law enforcement officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence, other than anything that the officer has reasonable grounds to believe to be an item subject to legal privilege.

(4) The power of a law enforcement officer under subsection (2) or (3) may be exercised on the ship or elsewhere.

Supplementary provision

Maritime enforcement powers: supplementary: protective searches

91

(1) This section applies where a power conferred by section 88 is exercised in relation to a ship.

(2) A law enforcement officer may search any person found on the ship for anything which the officer has reasonable grounds to believe the person might use to—

(a) cause physical injury,

(b) cause damage to property, or

(3) The power under subsection (2) may be exercised on board the ship or elsewhere.

(4) A law enforcement officer searching a person under subsection (2) may seize and retain anything found if the law enforcement officer has reasonable grounds to believe that the person might use it for a purpose mentioned in paragraphs (a) to (c) of that subsection.

(5) Anything seized under subsection (4) may be retained only for so long as there are reasonable grounds to believe that it might be used as mentioned in that subsection.

(6) The power to search a person conferred by subsection (2) does not authorise a law enforcement officer to require the person to remove any clothing in public, other than an outer coat, jacket or gloves.

Maritime enforcement powers: other supplementary provision

92

(1) A law enforcement officer may—

(a) be accompanied by other persons, and

(b) take equipment or materials,

to assist the officer in the exercise of powers under this Chapter.

(2) A law enforcement officer may use reasonable force, if necessary, in the performance of functions under this Chapter.

(3) A person accompanying a law enforcement officer under subsection (1) may perform any of the officer's functions under this Chapter, but only under the officer's supervision.

(4) A law enforcement officer must produce evidence of the officer's authority if asked to do so.

(5) A law enforcement officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Chapter if the court is satisfied that—

(a) the act was done in good faith, and

(b) there were reasonable grounds for doing it.

(6) The powers conferred by this Chapter do not affect any other powers that a law enforcement officer may have.

Maritime enforcement powers: offences

93

(1) A person commits an offence if the person—

(a) intentionally obstructs a law enforcement officer in the performance of functions under this Chapter, or

(b) fails without reasonable excuse to comply with a requirement imposed by a law enforcement officer in the performance of those functions.

(2) A person who provides information in response to a requirement imposed by a law enforcement officer in the performance of functions under this Chapter commits an offence if—

(a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material particular.

(3) A law enforcement officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this section.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine.

Maritime enforcement powers: code of practice

94

(1) The Secretary of State must prepare and issue a code of practice in respect of the practice to be followed by law enforcement officers when arresting a person under the power conferred by section 90.

(2) The code must, in particular, provide guidance as to the information to be given to the person at the time of arrest (whether about procedural rights or other matters).

(3) A failure of a law enforcement officer to comply with any provision of the code does not of itself render the law enforcement officer liable to any criminal or civil proceedings.

(4) The code—

(a) is admissible in evidence in criminal and civil proceedings, and

(b) may be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

(5) The Secretary of State may at any time revise the whole or any part of the code.

(6) The code, or any revision of the code, does not come into operation until the Secretary of State so provides by regulations.

(7) Regulations under this section are to be made by statutory instrument.

(8) A statutory instrument containing regulations under this section that bring the code into operation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(9) A statutory instrument containing regulations under this section that bring a revision of the code into operation must be laid before Parliament (if the regulations are made without a draft having been laid and approved as mentioned in subsection (8)).

(10) Where a statutory instrument, or draft of a statutory instrument, is laid under this section, the code or revision of the code to which it relates must also be laid.

Interpretation

95

(1) In this Chapter—

“designated NCA officer” means a National Crime Agency officer who is either or both of the following—an officer designated under section 10 of the Crime and Courts Act 2013 as having the powers and privileges of a constable;an officer designated under that section as having the powers of a general customs official;

“England and Wales waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales;

“foreign ship” means a ship which—is registered in a State other than the United Kingdom, oris not so registered but is entitled to fly the flag of a State other than the United Kingdom;

“foreign waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to any relevant territory or State other than the United Kingdom;

“home state”, in relation to a foreign ship, means—the State in which the ship is registered, orthe State whose flag the ship is otherwise entitled to fly;

“international waters” means waters beyond the territorial sea of the United Kingdom or of any other State or relevant territory;

“items subject to legal privilege” has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 10 of that Act);

“law enforcement officer” has the meaning given by section 84(3);

“maritime enforcement powers” has the meaning given by section 84(2);

“relevant territory” means—the Isle of Man;any of the Channel Islands;a British overseas territory;

“Scotland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Scotland;

“ship” includes every description of vessel (including a hovercraft) used in navigation;

“ship without nationality” means a ship which—is not registered in, or otherwise entitled to fly the flag of, any State or relevant territory, orsails under the flags of two or more States or relevant territories, or under the flags of a State and relevant territory, using them according to convenience;

“United Kingdom ship” means a ship which—is registered under Part 2 of the Merchant Shipping Act 1995,is a Government ship within the meaning of that Act,is not registered in any State or relevant territory but is wholly owned by persons each of whom has a United Kingdom connection, oris registered under an Order in Council under section 1 of the Hovercraft Act 1968.

(2) For the purposes of paragraph (c) of the definition of “United Kingdom ship” in subsection (1), a person has a “United Kingdom connection” if the person is—

(a) a British citizen, a British overseas territories citizen or a British Overseas citizen,

(b) an individual who is habitually resident in the United Kingdom, or

(c) a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.

(3) References in this Chapter to the United Nations Convention on the Law of the Sea include references to any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom.

CHAPTER 6 — Maritime enforcement: Scottish offences

Application of maritime enforcement powers: general

96

(1) A law enforcement officer may, for the purpose of preventing, detecting or investigating an offence under the law of Scotland, exercise any of the maritime enforcement powers in relation to—

(a) a United Kingdom ship in Scotland waters, foreign waters or international waters,

(b) a ship without nationality in Scotland waters or international waters,

(d) a ship, registered under the law of a relevant territory, in Scotland waters or international waters.

(2) In this Chapter, “the maritime enforcement powers” are the powers set out in—

(a) section 100 (power to stop, board, divert and detain);

(b) section 101 (power to search and obtain information);

(3) The following persons are “law enforcement officers” for the purpose of this Chapter—

(a) a constable within the meaning of section 99 of the Police and Fire Reform (Scotland) Act 2012 (2012 asp 8),

(b) a constable who is a member of the British Transport Police Force,

(c) a designated customs official within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act),

(d) a designated NCA officer who is authorised by the Director General of the National Crime Agency (whether generally or specifically) to exercise the powers of a law enforcement officer under this Chapter, or

(e) a person of a description specified in regulations made by the Secretary of State.

(4) Regulations under subsection (3)(e) are to be made by statutory instrument.

(5) A statutory instrument containing regulations under subsection (3)(e) is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Regulations under subsection (3)(e) may not make devolved provision except with the consent of the Scottish Ministers.

(7) For the purpose of subsection (6), regulations under subsection (3)(e) make devolved provision if and to the extent that the effect of the regulations is to confer functions under this Chapter on a person of a description specified in the regulations and it would be within the legislative competence of the Scottish Parliament to confer those functions on persons of that description in an Act of the Scottish Parliament.

(8) This section is subject to section 97 (which makes provision about when the authority of the Secretary of State is required before the maritime enforcement powers are exercised in reliance on this section).

Restriction on exercise of maritime enforcement powers

97

(1) The authority of the Secretary of State is required before a law enforcement officer exercises any of the maritime enforcement powers, in reliance on section 96(1), in relation to a United Kingdom ship in foreign waters.

(2) The Secretary of State may give authority under subsection (1) only if the State, or the relevant territory, in whose waters the powers would be exercised consents to the exercise of the powers.

(3) The authority of the Secretary of State is required before a law enforcement officer exercises any of the maritime enforcement powers, in reliance on section 96(1), in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to Scotland or in international waters.

(4) The Secretary of State may give authority under subsection (3) in relation to a foreign ship only if—

(a) the home state has requested the assistance of the United Kingdom for the purpose of preventing, detecting or investigating an offence under the law of Scotland,

(b) the home state has authorised the United Kingdom to act for that purpose, or

(c) the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) otherwise permits the exercise of the powers in relation to the ship.

Ships in England and Wales waters: hot pursuit

Hot pursuit of ships in England and Wales waters

98

(1) A law enforcement officer may, for the purpose of preventing, detecting or investigating an offence under the law of Scotland, exercise any of the maritime enforcement powers in relation to a ship in England and Wales waters if—

(a) the ship is pursued there,

(b) immediately before the pursuit of the ship, the ship was in Scotland waters or international waters,

(d) the signal was given in such a way as to be audible or visible from the ship, and

(e) the pursuit of the ship is not interrupted.

(2) For the purposes of subsection (1)(e), pursuit is not interrupted by reason only of the fact that—

(a) the method of carrying out the pursuit, or

(b) the identity of the ship or aircraft carrying out the pursuit,

changes during the course of the pursuit.

(3) This section is subject to section 99 (which requires the authority of the Secretary of State before the maritime enforcement powers are exercised in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to England and Wales).

Restriction on exercise of maritime enforcement powers in hot pursuit

99

(1) The authority of the Secretary of State is required before a law enforcement officer exercises any of the maritime enforcement powers, in reliance on section 98 in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to England and Wales.

(2) The Secretary of State may give authority under subsection (1) in relation to a foreign ship only if—

(a) the home state has requested the assistance of the United Kingdom for the purpose of preventing, detecting or investigating an offence under the law of Scotland,

(b) the home state has authorised the United Kingdom to act for that purpose, or

(c) the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) otherwise permits the exercise of the powers in relation to the ship.

The maritime enforcement powers

Power to stop, board, divert and detain

100

(1) This section applies if a law enforcement officer has reasonable grounds to suspect that—

(a) an offence under the law of Scotland is being, or has been, committed on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 96 or 98, or

(b) a ship in relation to which those powers are so exercisable is otherwise being used in connection with the commission of an offence under that law.

(2) The law enforcement officer may—

(a) stop the ship;

(b) board the ship;

(3) Except as provided by subsection (5), the authority of the Secretary of State is required before a law enforcement officer may exercise the power conferred by subsection (2)(c) to require the ship to be taken to a port outside the United Kingdom.

(4) The Secretary of State may give authority for the purposes of subsection (3) only if the State, or the relevant territory, in which the port is located is willing to receive the ship.

(5) If the law enforcement officer is acting under authority given for the purposes of section 97(3) or 99(1), the law enforcement officer may require the ship to be taken to—

(a) a port in the home state or relevant territory in question, or

(b) if the home state or relevant territory requests, a port in any other State or relevant territory willing to receive the ship.

(6) The law enforcement officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of subsection (2)(c).

(7) A law enforcement officer must give notice in writing to the master of any ship detained under this section.

(8) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a law enforcement officer.

Power to search and obtain information

101

(1) This section applies if a law enforcement officer has reasonable grounds to suspect that there is evidence relating to an offence under the law of Scotland (other than items subject to legal privilege) on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 96 or 98.

(2) The law enforcement officer may search—

(a) the ship;

(b) anyone found on the ship;

(3) The law enforcement officer may require a person found on the ship to give information about himself or herself.

(4) The power to search conferred by subsection (2) is a power to search only to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in subsection (1).

(5) The power to search a person conferred by subsection (2) does not authorise a law enforcement officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.

(6) In exercising a power conferred by subsection (2) or (3), a law enforcement officer may (amongst other things)—

(a) open any containers;

(b) require the production of documents, books or records relating to the ship or anything on it, other than anything that the law enforcement officer has reasonable grounds to believe to be an item subject to legal privilege;

(7) The power in subsection (6)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.

(8) The power of a law enforcement officer under subsection (2)(b) or (c) or (3) may be exercised on the ship or elsewhere.

Power of arrest and seizure

102

(1) This section applies if a law enforcement officer has reasonable grounds to suspect that an offence under the law of Scotland has been, or is being, committed on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 96 or 98.

(2) The law enforcement officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of the offence.

(3) The law enforcement officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence, other than anything that the officer has reasonable grounds to believe to be an item subject to legal privilege.

(4) The power of a law enforcement officer under subsection (2) or (3) may be exercised on the ship or elsewhere.

Supplementary provision

Maritime enforcement powers: supplementary: protective searches

103

(1) This section applies where a power conferred by section 100 is exercised in relation to a ship.

(2) A law enforcement officer may search any person found on the ship for anything which the officer has reasonable grounds to believe the person might use to—

(a) cause physical injury,

(b) cause damage to property, or

(3) The power under subsection (2) may be exercised on board the ship or elsewhere.

(4) A law enforcement officer searching a person under subsection (2) may seize and retain anything found if the law enforcement officer has reasonable grounds to believe that the person might use it for a purpose mentioned in paragraphs (a) to (c) of that subsection.

(5) Anything seized under subsection (4) may be retained only for so long as there are reasonable grounds to believe that it might be used as mentioned in that subsection.

(6) The power to search a person conferred by subsection (2) does not authorise a law enforcement officer to require the person to remove any clothing in public, other than an outer coat, jacket or gloves.

Maritime enforcement powers: other supplementary provision

104

(1) A law enforcement officer may—

(a) be accompanied by other persons, and

(b) take equipment or materials,

to assist the officer in the exercise of powers under this Chapter.

(2) A law enforcement officer may use reasonable force, if necessary, in the performance of functions under this Chapter.

(3) A person accompanying a law enforcement officer under subsection (1) may perform any of the officer's functions under this Chapter, but only under the officer's supervision.

(4) A law enforcement officer must produce evidence of the officer's authority if asked to do so.

(5) The powers conferred by this Chapter do not affect any other powers that a law enforcement officer may have.

Maritime enforcement powers: offences

105

(1) A person commits an offence if the person—

(a) intentionally obstructs a law enforcement officer in the performance of functions under this Chapter, or

(b) fails without reasonable excuse to comply with a requirement imposed by a law enforcement officer in the performance of those functions.

(2) A person who provides information in response to a requirement imposed by a law enforcement officer in the performance of functions under this Chapter commits an offence if—

(a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material particular.

(3) A law enforcement officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this section.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Interpretation

106

(1) In this Chapter—

“designated NCA officer” means a National Crime Agency officer who is either or both of the following—an officer designated under section 10 of the Crime and Courts Act 2013 as having the powers and privileges of a constable who is entitled to exercise the powers and privileges of a Scottish constable (see paragraph 11(3) to (5) of Schedule 5 to that Act);an officer designated under that section as having the powers of a general customs official;

“England and Wales waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales;

“foreign ship” means a ship which—is registered in a State other than the United Kingdom, oris not so registered but is entitled to fly the flag of a State other than the United Kingdom;

“foreign waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to any relevant territory or State other than the United Kingdom;

“home state”, in relation to a foreign ship, means—the State in which the ship is registered, orthe State whose flag the ship is otherwise entitled to fly;

“international waters” means waters beyond the territorial sea of the United Kingdom or of any other State or relevant territory;

“items subject to legal privilege” has the same meaning as in Chapter 3 of Part 8 of the Proceeds of Crime Act 2002 (see section 412 of that Act);

“law enforcement officer” has the meaning given by section 96(3);

“maritime enforcement powers” has the meaning given by section 96(2);

“relevant territory” means—the Isle of Man;any of the Channel Islands;a British overseas territory;

“Scotland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Scotland;

“ship” includes every description of vessel (including a hovercraft) used in navigation;

“ship without nationality” means a ship which—is not registered in, or otherwise entitled to fly the flag of, any State or relevant territory, orsails under the flags of two or more States or relevant territories, or under the flags of a State and relevant territory, using them according to convenience;

“United Kingdom ship” means a ship which—is registered under Part 2 of the Merchant Shipping Act 1995,is a Government ship within the meaning of that Act,is not registered in any State or relevant territory but is wholly owned by persons each of whom has a United Kingdom connection, oris registered under an Order in Council under section 1 of the Hovercraft Act 1968.

(2) For the purposes of paragraph (c) of the definition of “United Kingdom ship” in subsection (1), a person has a “United Kingdom connection” if the person is—

(a) a British citizen, a British overseas territories citizen or a British Overseas citizen,

(b) an individual who is habitually resident in the United Kingdom, or

(c) a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.

(3) References in this Chapter to the United Nations Convention on the Law of the Sea include references to any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom.

CHAPTER 7 — Maritime enforcement: Northern Irish offences

Application of maritime enforcement powers: general

107

(1) A law enforcement officer may, for the purpose of preventing, detecting or investigating an offence under the law of Northern Ireland, exercise any of the maritime enforcement powers in relation to—

(a) a United Kingdom ship in Northern Ireland waters,

(b) a ship without nationality in Northern Ireland waters,

(d) a ship, registered under the law of a relevant territory, in Northern Ireland waters.

(2) In this Chapter, “the maritime enforcement powers” are the powers set out in—

(a) section 109 (power to stop, board, divert and detain);

(b) section 110 (power to search and obtain information);

(3) The following persons are “law enforcement officers” for the purpose of this Chapter—

(a) a constable who is a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve,

(b) a person appointed as a special constable in Northern Ireland by virtue of provision incorporating section 79 of the Harbours, Docks, and Piers Clauses Act 1847,

(c) a designated customs official within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act),

(d) a designated NCA officer who is authorised by the Director General of the National Crime Agency (whether generally or specifically) to exercise the powers of a law enforcement officer under this Chapter, or

(e) a person of a description specified in regulations made by the Secretary of State.

(4) Regulations under subsection (3)(e) are to be made by statutory instrument.

(5) A statutory instrument containing regulations under subsection (3)(e) is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Regulations under subsection (3)(e) may not make devolved provision except with the consent of the Department of Justice in Northern Ireland.

(7) For the purposes of subsection (6), regulations under subsection (3)(e) make devolved provision if and to the extent that—

(a) the effect of the regulations is to confer functions under this Chapter on a person of a description specified in the regulations,

(b) it would be within the legislative competence of the Northern Ireland Assembly to confer those functions on persons of that description in an Act of the Northern Ireland Assembly, and

(c) the consent of the Secretary of State would not be required under section 8 of the Northern Ireland Act 1998 in relation to a Bill conferring such functions.

(8) This section is subject to section 108 (which makes provision about when the authority of the Secretary of State is required before the maritime enforcement powers are exercised in reliance on this section).

Restriction on exercise of maritime enforcement powers

108

(1) The authority of the Secretary of State is required before a law enforcement officer exercises any of the maritime enforcement powers, in reliance on section 107(1), in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to Northern Ireland.

(2) The Secretary of State may give authority under subsection (1) in relation to a foreign ship only if—

(a) the home state has requested the assistance of the United Kingdom for the purpose of preventing, detecting or investigating an offence under the law of Northern Ireland,

(b) the home state has authorised the United Kingdom to act for that purpose, or

(c) the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) otherwise permits the exercise of the powers in relation to the ship.

The maritime enforcement powers

Power to stop, board, divert and detain

109

(1) This section applies if a law enforcement officer has reasonable grounds to suspect that—

(a) an offence under the law of Northern Ireland is being, or has been, committed on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 107, or

(b) a ship in relation to which those powers are so exercisable is otherwise being used in connection with the commission of an offence under that law.

(2) The law enforcement officer may—

(a) stop the ship;

(b) board the ship;

(3) The law enforcement officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of subsection (2)(c).

(4) A law enforcement officer must give notice in writing to the master of any ship detained under this section.

(5) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a law enforcement officer.

Power to search and obtain information

110

(1) This section applies if a law enforcement officer has reasonable grounds to suspect that there is evidence relating to an offence under the law of Northern Ireland (other than items subject to legal privilege) on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 107.

(2) The law enforcement officer may search—

(a) the ship;

(b) anyone found on the ship;

(3) The law enforcement officer may require a person found on the ship to give information about himself or herself.

(4) The power to search conferred by subsection (2) is a power to search only to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in subsection (1).

(5) The power to search a person conferred by subsection (2) does not authorise a law enforcement officer to require the person to remove any clothing in public other than an outer coat, jacket or gloves.

(6) In exercising a power conferred by subsection (2) or (3), a law enforcement officer may (amongst other things)—

(a) open any containers;

(b) require the production of documents, books or records relating to the ship or anything on it, other than anything that the law enforcement officer has reasonable grounds to believe to be an item subject to legal privilege;

(7) The power in subsection (6)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.

(8) The power of a law enforcement officer under subsection (2)(b) or (c) or (3) may be exercised on the ship or elsewhere.

Power of arrest and seizure

111

(1) This section applies if a law enforcement officer has reasonable grounds to suspect that an offence under the law of Northern Ireland has been, or is being, committed on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 107.

(2) The law enforcement officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of the offence.

(3) The law enforcement officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence, other than anything that the officer has reasonable grounds to believe to be an item subject to legal privilege.

(4) The power of a law enforcement officer under subsection (2) or (3) may be exercised on the ship or elsewhere.

Supplementary provision

Maritime enforcement powers: supplementary: protective searches

112

(1) This section applies where a power conferred by section 109 is exercised in relation to a ship.

(2) A law enforcement officer may search any person found on the ship for anything which the officer has reasonable grounds to believe the person might use to—

(a) cause physical injury,

(b) cause damage to property, or

(3) The power under subsection (2) may be exercised on board the ship or elsewhere.

(4) A law enforcement officer searching a person under subsection (2) may seize and retain anything found if the law enforcement officer has reasonable grounds to believe that the person might use it for a purpose mentioned in paragraphs (a) to (c) of that subsection.

(5) Anything seized under subsection (4) may be retained only for so long as there are reasonable grounds to believe that it might be used as mentioned in that subsection.

(6) The power to search a person conferred by subsection (2) does not authorise a law enforcement officer to require the person to remove any clothing in public, other than an outer coat, jacket or gloves.

Maritime enforcement powers: other supplementary provision

113

(1) A law enforcement officer may—

(a) be accompanied by other persons, and

(b) take equipment or materials,

to assist the officer in the exercise of powers under this Chapter.

(2) A law enforcement officer may use reasonable force, if necessary, in the performance of functions under this Chapter.

(3) A person accompanying a law enforcement officer under subsection (1) may perform any of the officer's functions under this Chapter, but only under the officer's supervision.

(4) A law enforcement officer must produce evidence of the officer's authority if asked to do so.

(5) The powers conferred by this Chapter do not affect any other powers that a law enforcement officer may have.

Maritime enforcement powers: offences

114

(1) A person commits an offence if the person—

(a) intentionally obstructs a law enforcement officer in the performance of functions under this Chapter, or

(b) fails without reasonable excuse to comply with a requirement imposed by a law enforcement officer in the performance of those functions.

(2) A person who provides information in response to a requirement imposed by a law enforcement officer in the performance of functions under this Chapter commits an offence if—

(a) the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material particular.

(3) A law enforcement officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this section.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Interpretation

115

(1) In this Chapter—

“designated NCA officer” means a National Crime Agency officer who is either or both of the following—an officer designated under section 10 of the Crime and Courts Act 2013 as having the powers and privileges of a constable who is entitled to exercise the powers and privileges of a Northern Ireland constable (see paragraph 11(6) of Schedule 5 to that Act);an officer designated under that section as having the powers of a general customs official;

“foreign ship” means a ship which—is registered in a State other than the United Kingdom, oris not so registered but is entitled to fly the flag of a State other than the United Kingdom;

“home state”, in relation to a foreign ship, means—the State in which the ship is registered, orthe State whose flag the ship is otherwise entitled to fly;

“items subject to legal privilege” has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (see article 12 of that Order);

“law enforcement officer” has the meaning given by section 107(3);

“maritime enforcement powers” has the meaning given by section 107(2);

“Northern Ireland waters” means the sea and other waters within the seaward limits of the territorial sea adjacent to Northern Ireland;

“relevant territory” means—the Isle of Man;any of the Channel Islands;a British overseas territory;

“ship” includes every description of vessel (including a hovercraft) used in navigation;

“ship without nationality” means a ship which—is not registered in, or otherwise entitled to fly the flag of, any State or relevant territory, orsails under the flags of two or more States or relevant territories, or under the flags of a State and relevant territory, using them according to convenience;

“United Kingdom ship” means a ship which—is registered under Part 2 of the Merchant Shipping Act 1995,is a Government ship within the meaning of that Act,is not registered in any State or relevant territory but is wholly owned by persons each of whom has a United Kingdom connection, oris registered under an Order in Council under section 1 of the Hovercraft Act 1968.

(2) For the purposes of paragraph (c) of the definition of “United Kingdom ship” in subsection (1), a person has a “United Kingdom connection” if the person is—

(a) a British citizen, a British overseas territories citizen or a British Overseas citizen,

(b) an individual who is habitually resident in the United Kingdom, or

(c) a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.

(3) References in this Chapter to the United Nations Convention on the Law of the Sea include references to any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom.

CHAPTER 8 — Cross-border enforcement

Extension of cross-border powers of arrest: urgent cases

116

(1) In Part 10 of the Criminal Justice and Public Order Act 1994 (cross-border enforcement), after section 137 insert—

(137A) (1) A constable of a police force in England and Wales may arrest a person in England and Wales without a warrant if— (a) the constable has reasonable grounds for suspecting that the person has committed a specified offence in Scotland or in Northern Ireland, and (b) the constable also has reasonable grounds for believing that it is necessary to arrest the person— (i) to allow the prompt and effective investigation of the offence, or (ii) to prevent any prosecution for the offence from being hindered by the disappearance of the person. (2) A constable of a police force in Scotland may arrest a person in Scotland without a warrant if— (a) the constable has reasonable grounds for suspecting that the person has committed a specified offence in England and Wales or in Northern Ireland, and (b) the constable is satisfied that it would not be in the interests of justice to delay the arrest either to enable a warrant for the person's arrest to be obtained and then executed under section 136 or to enable a power of arrest under section 137 to be exercised. (3) Without prejudice to the generality of subsection (2)(b), it would not be in the interests of justice to delay an arrest for a purpose mentioned in that subsection if the constable reasonably believes that, unless the person is arrested without delay, the person will obstruct the course of justice in any way, including by seeking to avoid arrest or interfering with witnesses or evidence. (4) A constable of a police force in Northern Ireland may arrest a person in Northern Ireland without a warrant if— (a) the constable has reasonable grounds for suspecting that the person has committed a specified offence in England and Wales or in Scotland, and (b) the constable also has reasonable grounds for believing that it is necessary to arrest the person— (i) to allow the prompt and effective investigation of the offence, or (ii) to prevent any prosecution for the offence from being hindered by the disappearance of the person. (5) The power conferred by subsection (1) or (2) may be exercised by a constable appointed under section 24 of the Railways and Transport Safety Act 2003 in England and Wales or (as the case may be) in Scotland. (6) The following provisions apply in relation to an arrest under this section by a constable of a person suspected of having committed a specified offence in England and Wales or in Northern Ireland— (a) where the arrest is in England and Wales under subsection (1) or in Northern Ireland under subsection (4), the constable has the powers of entry and search conferred by section 137E; (b) where the arrest is in Scotland under subsection (2), 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 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. (7) Where a constable is arresting under this section a person suspected of having committed a specified offence in Scotland, the constable has the same powers as a constable of a police force in Scotland would have if arresting the person for the offence in Scotland. (8) In this section— - “constable of a police force”, in relation to Northern Ireland, means a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve; - “specified offence” has the meaning given by section 137B. (137B) (1) In section 137A, “specified offence” has the meaning given by this section. (2) An offence committed in England and Wales is a specified offence if it is— (a) an offence (including an offence under the common law) that is punishable by virtue of any statutory provision with imprisonment or another form of detention for a term of 10 years or with a greater punishment, (b) an offence specified in Part 1 of Schedule 7A, (c) an offence of attempting or conspiring to commit, or of inciting the commission of, an offence mentioned in paragraph (a) or (b), or (d) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to an offence mentioned in paragraph (a) or (b). (3) An offence committed in Scotland is a specified offence if it is— (a) an offence (including an offence under the common law) that is punishable by virtue of any statutory provision with imprisonment or another form of detention for a term of 10 years or with a greater punishment, (b) an offence specified in Part 2 of Schedule 7A, or (c) an offence of attempting or conspiring to commit, or of inciting the commission of, an offence mentioned in paragraph (a) or (b). (4) An offence committed in Northern Ireland is a specified offence if it is— (a) an offence (including an offence under the common law) that is punishable by virtue of any statutory provision with imprisonment or another form of detention for a term of 10 years or with a greater punishment, (b) an offence specified in Part 3 of Schedule 7A, (c) an offence of attempting or conspiring to commit, or of inciting the commission of, an offence mentioned in paragraph (a) or (b), or (d) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to an offence mentioned in paragraph (a) or (b). (5) The Secretary of State may by regulations made by statutory instrument amend Part 1, 2 or 3 of Schedule 7A so as to add an offence to, or remove an offence from, the offences for the time being specified in the Part. (6) Regulations under subsection (5) may add an offence to a Part of Schedule 7A only if— (a) the offence is indictable, and (b) the Secretary of State considers that it is necessary in the interests of justice to add the offence to the Part. (7) For the purpose of subsection (6)(a), an offence is indictable if— (a) in the case of an offence under the law of England and Wales, it is an indictable offence in England and Wales; (b) in the case of an offence under the law of Scotland, it may be tried on indictment in Scotland; (c) in the case of an offence under the law of Northern Ireland, it is an indictable offence in Northern Ireland. (8) The Secretary of State may not make regulations under subsection (5) unless the Scottish Ministers and the Department of Justice in Northern Ireland consent to the making of the regulations. (9) A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (10) In this section— (a) a description of an offence in subsection (2)(a) or (b) or (4)(a) or (b) includes such an offence committed by aiding, abetting, counselling or procuring; (b) a description of an offence in subsection (3)(a) or (b) includes such an offence committed by involvement art and part or by aiding, abetting, counselling or procuring; (c) “statutory provision” means any provision of— (i) an Act or subordinate legislation within the meaning of the Interpretation Act 1978; (ii) an Act of the Scottish Parliament or an instrument made under such an Act; (iii) a Measure or Act of the National Assembly for Wales or an instrument made under such a Measure or Act; (iv) Northern Ireland legislation or an instrument made under Northern Ireland legislation. (137C) (1) A person arrested under section 137A in respect of a specified offence may be detained but only for the purpose of— (a) enabling a warrant for the person's arrest in respect of the offence to be obtained and then executed under section 136, or (b) enabling the person to be re-arrested under section 137. (2) The person may be detained for that purpose— (a) for an initial period of 3 hours beginning with the time of the arrest; (b) for a second period of no more than 21 hours beginning with the end of the initial period, but only if detention for that period is 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; (c) for a third period of no more than 12 hours beginning with the end of the second period, but only if detention for that period is 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. (3) An officer of the arresting force may give an authorisation for the purpose of subsection (2)(b) or (c) only if satisfied that it is in the interests of justice to do so. (4) An officer of the investigating force may give an authorisation for the purpose of subsection (2)(b) only if satisfied that— (a) there are reasonable grounds to suspect that the person has committed the specified offence, (b) a constable intends that the person be arrested as soon as is reasonably practicable (whether by the obtaining and execution of a warrant under section 136 or under section 137) and is acting expeditiously for that purpose, and (c) it is in the interests of justice to give the authorisation. (5) An officer of the investigating force may give an authorisation for the purpose of subsection (2)(c) only if satisfied that— (a) there continue to be reasonable grounds to suspect that the person has committed the specified offence, (b) a constable intends that the person be arrested as soon as is reasonably practicable (whether by the obtaining and execution of a warrant under section 136 or under section 137) and is acting expeditiously for that purpose, and (c) it is in the interests of justice to give the authorisation. (6) If, at any time while the person is detained, an appropriate officer in the investigating force is satisfied that it is no longer in the interests of justice for the person to be detained— (a) the officer must notify the arresting force, and (b) the person must be released immediately. (7) In subsection (6), “appropriate officer” means— (a) in relation to the person's detention for the initial period, any constable; (b) in relation to the person's detention for the second period, an officer of at least the rank of inspector; (c) in relation to the person's detention for the third period, an officer of a rank above that of inspector. (8) In this section— - “arresting force” means the police force of which the constable who arrested the person under section 137A is a member; - “investigating force” means the police force that is investigating the specified offence which the person arrested under section 137A is suspected of having committed; - “specified offence” has the same meaning as in section 137A (see sections 137A(8) and 137B). (9) In subsection (8), in the definition of “investigating force”, the reference to a police force includes a reference to— (a) the National Crime Agency; (b) any of the following (to the extent that their functions relate to the investigation of offences)— (i) officers of Revenue and Customs; (ii) immigration officers; (iii) designated customs officials within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act). (10) In the application of this section in a case where the investigating force is a police force mentioned in subsection (9)(a) or (b)— (a) the reference to a constable in subsections (4)(b) and (5)(b), and the reference to a constable in the investigating force in subsection (7)(a), is to be read as a reference to a National Crime Agency officer designated under section 9 or 10 of the Crime and Courts Act 2013 (“a designated NCA officer”), an officer of Revenue and Customs, an immigration officer or a designated customs official (as the case may be); (b) 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 a designated NCA officer, an officer of Revenue and Customs, an immigration officer or a designated customs official (as the case may be) of at least, or above, the equivalent grade. (137D) (1) A person arrested under section 137A must be informed of the following matters as soon as is practicable after the arrest— (a) the purpose for which the person may be detained under section 137C; (b) the provision made by that section about the periods for which the person may be detained. (2) The following provisions apply in relation to persons arrested under section 137A in respect of a specified offence committed in England and Wales (subject to the modifications made by Part 1 of Schedule 7B)— (a) section 28 of the Police and Criminal Evidence Act 1984 (information to be given on arrest); (b) section 56 of that Act (right to have someone informed when arrested); (c) section 58 of that Act (access to legal advice); (d) section 31 of the Children and Young Persons Act 1933 (separation of children and young persons from adults in police stations, courts etc); (e) section 34 of that Act (additional protection for children and young persons). (3) The following provisions apply in relation to persons arrested under section 137A in respect of a specified offence committed in Scotland (subject to the modifications made by Part 2 of Schedule 7B)— (a) section 3 of the Criminal Justice (Scotland) Act 2016 (asp 1) (information to be given on arrest); (b) Chapter 5 of Part 1 of that Act (rights of suspects in police custody); (c) section 51 of that Act (duty to consider child's well-being); (d) section 52 of that Act (duties in relation to children in custody). (4) The following provisions apply in relation to persons arrested under section 137A in respect of a specified offence committed in Northern Ireland (subject to the modifications made by Part 3 of Schedule 7B)— (a) Article 30 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)) (information to be given on arrest); (b) Article 57 of that Order (right to have someone informed when arrested); (c) Article 59 of that Order (access to legal advice); (d) Article 9 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I.9)) (separation of child in police detention from adults charged with offences); (e) Article 10 of that Order (additional protection for children and young persons). (5) The Secretary of State may by regulations made by statutory instrument— (a) amend this section so as to add to the provisions that for the time being apply as mentioned in subsection (2), (3) or (4); (b) amend this section so as to remove any of those provisions that were added by virtue of paragraph (a); (c) amend Schedule 7B so as to alter the modifications for the time being made by that Schedule, including by adding a modification or removing one; (d) amend Schedule 7B so as to provide that any of the provisions that for the time being apply as mentioned in subsection (2), (3) or (4) do not apply in cases or circumstances set out in the Schedule. (6) Regulations under subsection (5) may include consequential provision, including provision amending any statutory provision; and, for that purpose, statutory provision has the same meaning as in section 137B (see subsection (10)(c) of that section). (7) The Secretary of State may not make regulations under subsection (5) unless the Scottish Ministers and the Department of Justice in Northern Ireland consent to the making of the regulations. (8) A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (9) In the application of Schedule 7B in a case where the investigating force is a police force mentioned in section 137C(9)(a) or (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 a designated NCA officer, an officer of Revenue and Customs, an immigration officer or a designated customs official (as the case may be) of at least, or above, the equivalent grade.

(2) After Schedule 7 to that Act insert, as Schedule 7A to that Act, the Schedule set out in Schedule 15 to this Act.

(3) After Schedule 7A to that Act (as inserted by subsection (2) above) insert, as Schedule 7B to that Act, the Schedule set out in Schedule 16 to this Act.

Cross-border enforcement: powers of entry to effect arrest

117

In Part 10 of the Criminal Justice and Public Order Act 1994 (cross-border enforcement), after section 137D (as inserted by section 116) insert—

(137E) (1) A constable may enter and search any premises— (a) for the purpose of executing in England and Wales under section 136(2)(b) a warrant issued in Northern Ireland; (b) for the purpose of executing in Northern Ireland under section 136(3)(a) a warrant issued in England and Wales; (c) for the purpose of arresting a person in Northern Ireland under section 137(1) in respect of a relevant England and Wales offence; (d) for the purpose of arresting a person in England and Wales under section 137(3) in respect of a relevant Northern Ireland offence; (e) for the purpose of arresting a person in England and Wales under section 137A(1) in respect of a specified offence committed in Northern Ireland; (f) for the purpose of arresting a person in Northern Ireland under section 137A(4) in respect of a specified offence committed in England and Wales. (2) In subsection (1)— (a) “relevant England and Wales offence” means— (i) an offence that is an indictable offence in England and Wales; (ii) an offence mentioned in section 17(1)(c) or (caa) of the Police and Criminal Evidence Act 1984; (b) “relevant Northern Ireland offence” means— (i) an offence that is an indictable offence in Northern Ireland; (ii) an offence mentioned in Article 19(1)(ba) to (c) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)). (3) The powers of entry and search conferred by subsection (1)— (a) are exercisable only if the constable has reasonable grounds for believing that the person whom he is seeking is on the premises, and (b) are limited, in relation to premises consisting of two or more separate dwellings, to powers to enter and search— (i) any part of the premises which the occupier of any dwelling comprised in the premises uses in common with the occupier of any other such dwelling, and (ii) any such dwelling in which the constable has reasonable grounds for believing that the person whom he is seeking may be. (4) The power of search conferred by subsection (1) is only a power to search to the extent that is reasonably required for the purpose for which the power of entry is exercised. (5) In this section, “premises” includes any place and, in particular, includes— (a) any vehicle, vessel, aircraft or hovercraft, (b) any offshore installation, (c) any renewable energy installation, and (d) any tent or movable structure. “Offshore installation” has the meaning given to it by section 44 of the Petroleum Act 1998. “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).

Cross-border enforcement: officers of Revenue and Customs

118

In section 87 of the Finance Act 2007 (cross-border exercise of powers: officers of Revenue and Customs), in subsection (4) for “only in the exercise of a function relating to tax (including duties and tax credits)” substitute “ in the exercise of any function of the Commissioners for Her Majesty's Revenue and Customs or of officers of Revenue and Customs, within the meaning of the Commissioners for Revenue and Customs Act 2005 (see section 51(2) to (2B) of that Act) ”.

Cross-border enforcement: minor and consequential amendments

119

Schedule 17—

(a) makes minor amendments of Part 10 of the Criminal Justice and Public Order Act 1994 (cross-border enforcement), and

(b) makes amendments consequential on the other amendments of that Part made by this Chapter.

CHAPTER 9 — Miscellaneous

Powers to require removal of disguises: oral authorisation

120

In section 60AA of the Criminal Justice and Public Order Act 1994 (powers to require removal of disguises), for subsection (6) substitute—

(6) Subject to subsection (6A), an authorisation under subsection (3)— (a) shall be in writing and signed by the officer giving it; and (b) shall specify— (i) the grounds on which it is given; (ii) the locality in which the powers conferred by this section are exercisable; and (iii) the period during which those powers are exercisable. (6A) An authorisation under subsection (3) need not be given in writing where it is not practicable to do so but any oral authorisation— (a) must state the matters which would otherwise have to be specified under subsection (6); and (b) must be recorded in writing as soon as it is practicable to do so. (6B) A direction under subsection (4) shall be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so.

Part 5 — Police and crime commissioners and police areas

Deputy PCCs etc: terms and eligibility

Term of office of deputy police and crime commissioners

121

(1) Schedule 1 to the Police Reform and Social Responsibility Act 2011 (police and crime commissioners) is amended in accordance with subsections (2) and (3).

(2) In paragraph 8 (the deputy police and crime commissioner), for sub-paragraph (3) substitute—

(3) The terms and conditions of a person appointed as the deputy police and crime commissioner must ensure that the term of office ends no later than the sixth day after the day of the poll at the next ordinary election of police and crime commissioners (that is, the day on which the term of office of the appointing police and crime commissioner would, if there were no vacancy in the office before then, end in accordance with section 50(7)(b)). (3A) The terms and conditions must also provide for the deputy police and crime commissioner's appointment to end when, following an election held under section 51 to fill a vacancy in the office of the appointing police and crime commissioner, the person elected makes and delivers a declaration of acceptance of office under section 70(1). (3B) Subject to sub-paragraphs (3) and (3A), the terms and conditions may make such provision about termination as the appointing police and crime commissioner thinks appropriate.

(3) In that paragraph, omit sub-paragraph (5).

(4) The amendments made by this section apply in relation to the terms and conditions of a person appointed as a deputy police and crime commissioner before this section comes into force (as well as to the terms and conditions of a person appointed after it comes into force).

(5) But the amendments do not apply in relation to the terms and conditions of a person appointed as a deputy police and crime commissioner before this section comes into force if, at the time when it comes into force, an election held under section 51 of the 2011 Act to fill a vacancy in the office of police and crime commissioner for the police area in question is in progress.

(6) For the purpose of subsection (5), an election held under section 51 of the 2011 Act is in progress during the period—

(a) beginning with the time when the vacancy in the office of police and crime commissioner occurred, and

(b) ending immediately after the person elected to fill the vacancy has made and delivered a declaration of acceptance under section 70(1) of that Act.

Eligibility of deputy police and crime commissioners for election

122

(1) In section 65 of the Police Reform and Social Responsibility Act 2011 (disqualification from election or holding office as police and crime commissioner: police grounds), after subsection (1) insert—

(1A) Subsection (1)(e)(i) does not prevent a deputy police and crime commissioner— (a) from being elected as police and crime commissioner at an ordinary election of police and crime commissioners; (b) from being elected at an election held under section 51 to fill a vacancy in the office of police and crime commissioner if, on the day on which the person is nominated as a candidate at the election and at all times between that day and the declaration of the result of the election, the deputy is acting as police and crime commissioner under section 62.

(2) Section 65(1A)(b) of the 2011 Act (as inserted by subsection (1) above) does not apply in relation to an election held under section 51 of that Act to fill a vacancy in the office of police and crime commissioner if the election is in progress at the time this section comes into force.

(3) For the purpose of subsection (2), an election held under section 51 of the 2011 Act is in progress during the period—

(a) beginning with the time when the vacancy in the office of police and crime commissioner occurred, and

(b) ending immediately after the person elected to fill the vacancy has made and delivered a declaration of acceptance under section 70(1) of that Act.

Deputy Mayor for Policing and Crime as member of local authority

123

(1) Section 1 of the Local Government and Housing Act 1989 (disqualification and political restriction of certain local authority officers and staff) is amended as follows.

(2) In subsection (9) (references to a person holding a politically restricted post under a local authority include every member of the staff of an elected local policing body) omit “, except for a deputy police and crime commissioner”.

(3) After that subsection insert—

(10) The reference in subsection (9) to every member of the staff of an elected local policing body does not include a deputy police and crime commissioner. (11) For the purposes of subsection (1) only, the reference in subsection (9) to every member of the staff of an elected local policing body does not include the Deputy Mayor for Policing and Crime appointed under section 19(1)(a) of the Police Reform and Social Responsibility Act 2011.

Names of police areas

Amendments to the names of police areas

124

(1) After section 31 of the Police Act 1996 insert—

(31A) (1) The Secretary of State may by regulations amend any name of a police area specified in the first column of Schedule 1 (police areas). (2) A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(2) In consequence of the amendment made by subsection (1), in section 1(2)(a) of that Act (police areas), in the words in brackets, for “any amendment made to that Schedule by an order” substitute “ any amendment made to the first column of that Schedule by regulations under section 31A or any amendment made to the second column, or to the first and second columns, by an order ”.

Part 6 — Firearms and pyrotechnic articles

Firearms

Firearms Act 1968: meaning of “firearm” etc

125

(1) The Firearms Act 1968 is amended as follows.

(2) In section 57 (interpretation), in subsection (1), for the words from the beginning to the end of paragraph (c) substitute—

(1) In this Act, the expression “firearm” means— (a) a lethal barrelled weapon (see subsection (1B)); (b) a prohibited weapon; (c) a relevant component part in relation to a lethal barrelled weapon or a prohibited weapon (see subsection (1D)); (d) an accessory to a lethal barrelled weapon or a prohibited weapon where the accessory is designed or adapted to diminish the noise or flash caused by firing the weapon;

(3) In that section, before subsection (2) insert—

(1B) In subsection (1)(a), “lethal barrelled weapon” means a barrelled weapon of any description from which a shot, bullet or other missile, with kinetic energy of more than one joule at the muzzle of the weapon, can be discharged. (1C) Subsection (1) is subject to section 57A (exception for airsoft guns).

(4) In that section, after subsection (1C) (as inserted by subsection (3) above) insert—

(1D) For the purposes of subsection (1)(c), each of the following items is a relevant component part in relation to a lethal barrelled weapon or a prohibited weapon— (a) a barrel, chamber or cylinder, (b) a frame, body or receiver, (c) a breech block, bolt or other mechanism for containing the pressure of discharge at the rear of a chamber, but only where the item is capable of being used as a part of a lethal barrelled weapon or a prohibited weapon.

(5) After section 57 insert—

(57A) (1) An “airsoft gun” is not to be regarded as a firearm for the purposes of this Act. (2) An “airsoft gun” is a barrelled weapon of any description which— (a) is designed to discharge only a small plastic missile (whether or not it is also capable of discharging any other kind of missile), and (b) is not capable of discharging a missile (of any kind) with kinetic energy at the muzzle of the weapon that exceeds the permitted level. (3) “Small plastic missile” means a missile that— (a) is made wholly or partly from plastics, (b) is spherical, and (c) does not exceed 8 millimetres in diameter. (4) The permitted kinetic energy level is— (a) in the case of a weapon which is capable of discharging two or more missiles successively without repeated pressure on the trigger, 1.3 joules; (b) in any other case, 2.5 joules.

(6) After section 57A (as inserted by subsection (5) above) insert—

(57B) (1) The Secretary of State may by regulations made by statutory instrument amend section 57(1D) so as to make different provision for the purposes of section 57(1)(c) about the meaning of a relevant component part in relation to a lethal barrelled weapon or a prohibited weapon. (2) Regulations under this section may include— (a) incidental, supplementary or consequential provision; (b) transitional, transitory or saving provision. (3) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Firearms Act 1968: meaning of “antique firearm”

126

(1) Section 58 of the Firearms Act 1968 (particular savings) is amended in accordance with subsections (2) and (3).

(2) After subsection (2) (which makes provision about antique firearms) insert—

(2A) For the purposes of subsection (2), a firearm is an “antique firearm” if— (a) either the conditions in subsection (2B) are met or the condition in subsection (2C) is met, and (b) if an additional condition is specified in regulations under subsection (2D), that condition is also met. (2B) The conditions in this subsection are that— (a) the firearm's chamber or, if the firearm has more than one chamber, each of its chambers is either— (i) a chamber that the firearm had when it was manufactured, or (ii) a replacement for such a chamber that is identical to it in all material respects; (b) the firearm's chamber or (as the case may be) each of the firearm's chambers is designed for use with a cartridge of a description specified in regulations made by statutory instrument by the Secretary of State (whether or not it is also capable of being used with other cartridges). (2C) The condition in this subsection is that the firearm's propulsion system is of a description specified in regulations made by statutory instrument by the Secretary of State. (2D) The Secretary of State may by regulations made by statutory instrument specify either of the following conditions for the purposes of subsection (2A)(b)— (a) a condition that a number of years specified in the regulations has elapsed since the date on which the firearm was manufactured; (b) a condition that the firearm was manufactured before a date specified in the regulations. (2E) In its application to Scotland, subsection (2C) does not apply in relation to a firearm that is an air weapon. (2F) Regulations under subsection (2B), (2C) or (2D) may make different provision for different purposes. (2G) Subject to subsection (2H), a statutory instrument containing regulations under subsection (2B), (2C) or (2D) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (2H) A statutory instrument containing regulations under subsection (2B) or (2C) which contain only provision amending regulations previously made under that subsection so as to remove a description of cartridge or a description of propulsion system from the descriptions specified in those regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

(3) In subsection (2)—

(a) in paragraph (a), for “section 21” substitute “ sections 19, 20 and 21 ”;

(b) in paragraph (b), for “section 21” substitute “ section 19, 20 or 21 ”.

(4) Subsections (5) to (7) apply where—

(a) immediately before the coming into force of regulations under section 58(2B), (2C) or (2D) of the Firearms Act 1968 (as inserted by subsection (2) above), a person has in his or her possession a firearm that is an antique firearm for the purposes of section 58(2) of that Act, and

(b) in consequence of the coming into force of the regulations, the firearm ceases to be an antique firearm for those purposes.

(5) Section 5 of the Firearms Act 1968 does not apply in relation to the possession of the firearm by the person unless—

(a) the person carries on a business as a firearms dealer, and

(b) the firearm is in his or her possession for the purpose of the business.

(6) An application by the person for a certificate under section 1 or 2 of that Act in respect of possession of the firearm may not be refused on the ground that the person does not have a good reason for having the firearm in his or her possession.

(7) An application by the person for the renewal of a certificate issued under section 1 or 2 of that Act in respect of possession of the firearm may not be refused on the ground that the person does not have a good reason for having the firearm in his or her possession.

(8) The provision made by subsections (4) to (7) does not prevent additional transitional provision being made (under the power conferred by section 183(9)) in connection with the coming into force of this section (including provision for enabling certificates and authorisations under the Firearms Act 1968 to be issued or granted before this section comes fully into force).

Possession of articles for conversion of imitation firearms

127

After section 4 of the Firearms Act 1968 (conversion of weapons) insert—

(4A) (1) A person, other than a registered firearms dealer, commits an offence if— (a) the person has in his or her possession or under his or her control an article that is capable of being used (whether by itself or with other articles) to convert an imitation firearm into a firearm, and (b) the person intends to use the article (whether by itself or with other articles) to convert an imitation firearm into a firearm. (2) A person guilty of an offence under this section is liable— (a) on summary conviction— (i) in England and Wales, to imprisonment for a term not exceeding 12 months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, 6 months) or to a fine, or to both; (ii) in Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both.

Controls on defectively deactivated weapons

128

After section 8 of the Firearms (Amendment) Act 1988 insert—

(8A) (1) It is an offence for a person who owns or claims to own a defectively deactivated weapon— (a) to make the weapon available for sale or as a gift to another person, or (b) to sell it or give it (as a gift) to another person. (2) Subsection (1)(a) does not apply if— (a) the weapon is made available for sale or as a gift only to a person who is outside the EU (or to persons all of whom are outside the EU), and (b) it is made so available on the basis that, if a sale or gift were to take place, the weapon would be transferred to a place outside the EU. (3) Subsection (1)(b) does not apply if— (a) the weapon is sold or given to a person who is outside the EU (or to persons all of whom are outside the EU), and (b) in consequence of the sale or gift, it is (or is to be) transferred to a place outside the EU. (4) For the purpose of this section, something is a “defectively deactivated weapon” if— (a) it was at any time a firearm, (b) it has been rendered incapable of discharging any shot, bullet or other missile (and, accordingly, has either ceased to be a firearm or is a firearm only by virtue of the Firearms Act 1982), but (c) it has not been rendered so incapable in a way that meets the technical specifications for the deactivation of the weapon that apply at the time when the weapon is made available for sale or as a gift or (as the case may be) when it is sold or given as a gift. (5) The Secretary of State must publish a document setting out the technical specifications that apply for the purposes of subsection (4)(c) (“the technical specifications document”). (6) The technical specifications document may set out different technical specifications for different kinds of weapon. (7) The Secretary of State— (a) may from time to time revise the technical specifications document, and (b) where it is revised— (i) must publish the document as revised, and (ii) specify in it the date on which any changes to the technical specifications that apply for the purposes of subsection (4)(c) take effect. (8) In the case of a weapon rendered incapable as mentioned in subsection (4)(b) before 8 April 2016, subsection (1)(a) or (b) does not apply if the weapon is made available for sale or as a gift, or (as the case may be) sold or given, by or on behalf of a museum in respect of which a museum firearms licence is in force to another museum in respect of which such a licence is in force. (9) References in this section to “sale” include exchange or barter (and references to sell are to be construed accordingly). (10) In this section, “museum firearms licence” means a licence granted under the Schedule to the Firearms (Amendment) Act 1988. (11) A person guilty of an offence under this section is liable— (a) on summary conviction— (i) in England and Wales, to imprisonment for a term not exceeding 12 months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, 6 months) or to a fine, or to both; (ii) in Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both.

Controls on ammunition which expands on impact

129

(1) The Firearms Act 1968 is amended in accordance with subsections (2) and (3).

(2) In section 5 (weapons subject to general prohibition), in subsection (1A), for paragraph (f) substitute—

(f) any ammunition which is designed to be used with a pistol and incorporates a missile designed or adapted to expand on impact;

(3) In section 5A (exemptions from requirement of authority under section 5), in subsection (8)(a), after “which”, in the first place it occurs, insert “ is designed to be used with a pistol and ”.

(4) In consequence of the amendment made by subsection (2), omit section 9 of the Firearms (Amendment) Act 1997.

Authorised lending and possession of firearms for hunting etc

130

(1) After section 11 of the Firearms Act 1968 insert—

(11A) (1) A person (“the borrower”) may, without holding a certificate under this Act, borrow a rifle or shot gun from another person on private premises (“the lender”) and have the rifle or shot gun in his or her possession on those premises if— (a) the four conditions set out in subsections (2) to (5) are met, and (b) in the case of a rifle, the borrower is aged 17 or over. (2) The first condition is that the borrowing and possession of the rifle or shot gun are for either or both of the following purposes— (a) hunting animals or shooting game or vermin; (b) shooting at artificial targets. (3) The second condition is that the lender— (a) is aged 18 or over, (b) holds a certificate under this Act in respect of the rifle or shot gun, and (c) is either— (i) a person who has a right to allow others to enter the premises for the purposes of hunting animals or shooting game or vermin, or (ii) a person who is authorised in writing by a person mentioned in sub-paragraph (i) to lend the rifle or shot gun on the premises (whether generally or to persons specified in the authorisation who include the borrower). (4) The third condition is that the borrower's possession and use of the rifle or shot gun complies with any conditions as to those matters specified in the lender's certificate under this Act. (5) The fourth condition is that, during the period for which the rifle or shot gun is borrowed, the borrower is in the presence of the lender or— (a) where a rifle is borrowed, a person who, although not the lender, is aged 18 or over, holds a certificate under this Act in respect of that rifle and is a person described in subsection (3)(c)(i) or (ii); (b) where a shot gun is borrowed, a person who, although not the lender, is aged 18 or over, holds a certificate under this Act in respect of that shot gun or another shot gun and is a person described in subsection (3)(c)(i) or (ii). (6) Where a rifle is borrowed on any premises in reliance on subsection (1), the borrower may, without holding a firearm certificate, purchase or acquire ammunition on the premises, and have the ammunition in his or her possession on those premises for the period for which the firearm is borrowed, if— (a) the ammunition is for use with the firearm, (b) the lender's firearm certificate authorises the lender to have in his or her possession during that period ammunition of a quantity not less than that purchased or acquired by, and in the possession of, the borrower, and (c) the borrower's possession and use of the ammunition complies with any conditions as to those matters specified in the certificate.

(2) In consequence of the amendment made by subsection (1), omit the following—

(a) section 11(5) of the Firearms Act 1968;

(b) section 16 of the Firearms (Amendment) Act 1988.

Limited extension of firearm certificates etc

131

(1) After section 28A of the Firearms Act 1968 (certificates: supplementary) insert—

(28B) (1) This section applies where— (a) an application is made for the renewal of a certificate on or before the day which falls 8 weeks before the day at the end of which the certificate is due to expire, but (b) the chief officer of police does not determine whether or not to grant the application before the certificate is due to expire. (2) The certificate continues in force by virtue of this subsection until whichever of the following events occurs first— (a) the chief officer determines whether or not to grant the application; (b) the extension period ends. (3) In subsection (2), “the extension period” means the period of 8 weeks beginning with the day after the day at the end of which the certificate was due to expire. (4) If the event mentioned in subsection (2)(a) occurs first, and the chief officer grants the application, any period for which the certificate continued in force under subsection (2) is to be treated for the purposes of section 28A(1) as part of the period for which the renewed certificate is in force. (5) This section does not apply in relation to the renewal of a certificate granted or last renewed in Northern Ireland.

(2) In consequence of the amendment made by subsection (1), in section 28A of that Act (certificates: supplementary), after subsection (1) insert—

(1A) Subsection (1) is subject to the provision made by section 28B for circumstances in which a certificate may continue in force after the period of five years from the date when it was granted or last renewed.

Applications under the Firearms Acts: fees

132

(1) After section 32 of the Firearms Act 1968 (fee for certificate and exemption from paying it in certain cases) insert—

(32ZA) (1) The Secretary of State may by regulations authorise the appropriate national authority to require payment of a fee before an authority under section 5 is granted, varied or renewed. (2) Regulations under subsection (1) must specify the amount of any fee that may be charged. (3) The regulations may make different provision for different cases (including specifying different fees for different cases). (4) The regulations may include— (a) incidental, supplementary or consequential provision; (b) transitional, transitory or saving provision. (5) Regulations under this section are to be made by statutory instrument. (6) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (7) In this section, “the appropriate national authority” means— (a) in or as regards England and Wales, the Secretary of State; (b) in or as regards Scotland, the Scottish Ministers.

(2) Before section 16 of the Firearms (Amendment) Act 1988 insert—

(15B) (1) The Secretary of State may by regulations authorise the appropriate national authority to require payment of a fee before an approval under section 15 is granted, varied or renewed. (2) Regulations under subsection (1) must specify the amount of any fee that may be charged. (3) The regulations may make different provision for different cases (including specifying different fees for different cases). (4) The regulations may include— (a) incidental, supplementary or consequential provision; (b) transitional, transitory or saving provision. (5) Regulations under this section are to be made by statutory instrument. (6) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (7) In this section, “the appropriate national authority” means— (a) in or as regards England and Wales, the Secretary of State; (b) in or as regards Scotland, the Scottish Ministers.

(3) In the Schedule to the Firearms (Amendment) Act 1988 (firearms and ammunition in museums), omit paragraph 3.

(4) In that Schedule, before paragraph 4 insert—

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