Policing and Crime Act 2017

Type of publication	Persons responsible
Newspaper or other periodical	Any person who is a proprietor, editor or publisher of the newspaper or periodical.
Relevant programme	Any person who—is a body corporate engaged in providing the programme service in which the programme is included, orhas functions in relation to the programme corresponding to those of an editor of a newspaper.
Any other kind of publication	Any person who publishes the publication.

(4) If an offence under this paragraph is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
  (a) a senior officer of a body corporate, or
  (b) a person purporting to act in such a capacity,
the senior officer or person (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.
(5) “*Senior officer*”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate; and for this purpose “*director*”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
(6) Proceedings for an offence under this paragraph may not be instituted except by, or with the consent of, the Attorney General.

(3) (1) This paragraph applies where a person (“the defendant”) is charged with an offence under paragraph 2 as a result of the inclusion of any matter in a publication. (2) It is a defence for the defendant to prove that, at the time of the alleged offence, the defendant was not aware, and did not suspect or have reason to suspect, that— (a) the publication included the matter in question, or (b) the allegation in question had been made. (3) It is a defence for the defendant to prove that the publication in which the matter appeared was one in respect of which the victim had given written consent to the appearance of matter of that description. (4) The defence in sub-paragraph (3) is not available if— (a) the victim was under the age of 16 at the time when his or her consent was given, or (b) a person interfered unreasonably with the peace and comfort of the victim with a view to obtaining his or her consent. (5) In this paragraph, “the victim” means the person against whom the offence of forced marriage in question is alleged to have been committed. (4) (1) Paragraph 2 applies to a domestic service provider who, in the course of providing information society services, publishes prohibited matter in an EEA state other than the United Kingdom (as well as to a person, of any description, who publishes prohibited matter in England and Wales). (2) Proceedings for an offence under paragraph 2, as it applies to a domestic service provider by virtue of sub-paragraph (1), may be taken at any place in England and Wales. (3) Nothing in this paragraph affects the operation of any of paragraphs 6 to 8. (5) (1) Proceedings for an offence under paragraph 2 may not be taken against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the derogation condition is met. (2) The derogation condition is that taking proceedings— (a) is necessary for the purposes of the public interest objective, (b) relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to that objective, and (c) is proportionate to that objective. (3) “The public interest objective” means the pursuit of public policy. (6) (1) A service provider does not commit an offence under paragraph 2 by providing access to a communication network or by transmitting, in a communication network, information provided by a recipient of the service, if the service provider does not— (a) initiate the transmission, (b) select the recipient of the transmission, or (c) select or modify the information contained in the transmission. (2) For the purposes of sub-paragraph (1)— (a) providing access to a communication network, and (b) transmitting information in a communication network, include the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network. (3) Sub-paragraph (2) does not apply if the information is stored for longer than is reasonably necessary for the transmission. (7) (1) A service provider does not commit an offence under paragraph 2 by storing information provided by a recipient of the service for transmission in a communication network if the first and second conditions are met. (2) The first condition is that the storage of the information— (a) is automatic, intermediate and temporary, and (b) is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request. (3) The second condition is that the service provider— (a) does not modify the information, (b) complies with any conditions attached to having access to the information, and (c) if sub-paragraph (4) applies, promptly removes the information or disables access to it. (4) This sub-paragraph applies if the service provider obtains actual knowledge that— (a) the information at the initial source of the transmission has been removed from the network, (b) access to it has been disabled, or (c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information. (8) (1) A service provider does not commit an offence under paragraph 2 by storing information provided by a recipient of the service if— (a) the service provider had no actual knowledge when the information was provided that it was, or contained, a prohibited publication, or (b) on obtaining actual knowledge that the information was, or contained, a prohibited publication, the service provider promptly removed the information or disabled access to it. (2) Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider. (9) (1) In this Schedule— - “domestic service provider” means a service provider established in England and Wales, Scotland or Northern Ireland; - “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce); - “information society services”— 1. has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and 2. is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”; - “non-UK service provider” means a service provider established in an EEA state other than the United Kingdom; - “offence of forced marriage” means an offence under section 121; - “programme service” has the same meaning as in the Broadcasting Act 1990 (see section 201(1) of that Act); - “prohibited material” means any material the publication of which contravenes paragraph 1(2); - “publication” includes any speech, writing, relevant programme or other communication (in whatever form) which is addressed to, or is accessible by, the public at large or any section of the public; - “recipient”, in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible; - “relevant programme” means a programme included in a programme service; - “service provider” means a person providing an information society service. (2) For the purposes of the definition of “publication” in sub-paragraph (1)— (a) an indictment or other document prepared for use in particular legal proceedings is not to be taken as coming within the definition; (b) every relevant programme is to be taken as addressed to the public at large or to a section of the public. (3) For the purposes of the definitions of “domestic service provider” and “non-UK service provider” in sub-paragraph (1)— (a) a service provider is established in a particular part of the United Kingdom, or in a particular EEA state, if the service provider— (i) effectively pursues an economic activity using a fixed establishment in that part of the United Kingdom, or that EEA state, for an indefinite period, and (ii) is a national of an EEA state or a company or firm mentioned in Article 54 of the Treaty on the Functioning of the European Union; (b) the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider; (c) where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider's activities relating to that service.

Anonymity of victims of forced marriage: Northern Ireland

174

• (1) After Part 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c.2 (N.I.)) insert—

(24A) Schedule 3A (anonymity of victims of forced marriage) has effect.

• (2) Insert, as Schedule 3A to that Act, the following Schedule—

Schedule 3A (1) (1) This paragraph applies where an allegation has been made that an offence of forced marriage has been committed against a person. (2) No matter likely to lead members of the public to identify the person, as the person against whom the offence is alleged to have been committed, may be included in any publication during the person's lifetime. (3) In any criminal proceedings before a court, the court may direct that the restriction imposed by sub-paragraph (2) is not to apply (whether at all or to the extent specified in the direction) if the court is satisfied that either of the following conditions is met. (4) The first condition is that the conduct of a person's defence at a trial of an offence of forced marriage would be substantially prejudiced if the direction were not given. (5) The second condition is that— (a) the effect of sub-paragraph (2) is to impose a substantial and unreasonable restriction on the reporting of the proceedings, and (b) it is in the public interest to remove or relax the restriction. (6) A direction under sub-paragraph (3) does not affect the operation of sub-paragraph (2) at any time before the direction is given. (7) In this paragraph, “the court” means a magistrates' court, a county court or the Crown Court. (2) (1) If anything is included in a publication in contravention of the prohibition imposed by paragraph 1(2), each of the persons responsible for the publication is guilty of an offence. (2) A person guilty of an offence under this paragraph is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale. (3) The persons responsible for a publication are as follows—

Type of publication	Persons responsible
Newspaper or other periodical	Any person who is a proprietor, editor or publisher of the newspaper or periodical.
Relevant programme	Any person who—is a body corporate engaged in providing the programme service in which the programme is included, orhas functions in relation to the programme corresponding to those of an editor of a newspaper.
Any other kind of publication	Any person who publishes the publication.

(4) Proceedings for an offence under this paragraph may not be instituted except by, or with the consent of, the Director of Public Prosecutions for Northern Ireland.

(3) (1) This paragraph applies where a person (“the defendant”) is charged with an offence under paragraph 2 as a result of the inclusion of any matter in a publication. (2) It is a defence for the defendant to prove that, at the time of the alleged offence, the defendant was not aware, and did not suspect or have reason to suspect, that— (a) the publication included the matter in question, or (b) the allegation in question had been made. (3) It is a defence for the defendant to prove that the publication in which the matter appeared was one in respect of which the victim had given written consent to the appearance of matter of that description. (4) The defence in sub-paragraph (3) is not available if— (a) the victim was under the age of 16 at the time when his or her consent was given, or (b) a person interfered unreasonably with the peace and comfort of the victim with a view to obtaining his or her consent. (5) In this paragraph, “the victim” means the person against whom the offence of forced marriage in question is alleged to have been committed. (4) (1) Paragraph 2 applies to a domestic service provider who, in the course of providing information society services, publishes prohibited matter in an EEA state other than the United Kingdom (as well as to a person, of any description, who publishes prohibited matter in Northern Ireland). (2) Proceedings for an offence under paragraph 2, as it applies to a domestic service provider by virtue of sub-paragraph (1), may be taken at any place in Northern Ireland. (3) Nothing in this paragraph affects the operation of any of paragraphs 6 to 8. (5) (1) Proceedings for an offence under paragraph 2 may not be taken against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the derogation condition is met. (2) The derogation condition is that taking proceedings— (a) is necessary for the purposes of the public interest objective, (b) relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to that objective, and (c) is proportionate to that objective. (3) “The public interest objective” means the pursuit of public policy. (6) (1) A service provider does not commit an offence under paragraph 2 by providing access to a communication network or by transmitting, in a communication network, information provided by a recipient of the service, if the service provider does not— (a) initiate the transmission, (b) select the recipient of the transmission, or (c) select or modify the information contained in the transmission. (2) For the purposes of sub-paragraph (1)— (a) providing access to a communication network, and (b) transmitting information in a communication network, include the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network. (3) Sub-paragraph (2) does not apply if the information is stored for longer than is reasonably necessary for the transmission. (7) (1) A service provider does not commit an offence under paragraph 2 by storing information provided by a recipient of the service for transmission in a communication network if the first and second conditions are met. (2) The first condition is that the storage of the information— (a) is automatic, intermediate and temporary, and (b) is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request. (3) The second condition is that the service provider— (a) does not modify the information, (b) complies with any conditions attached to having access to the information, and (c) if sub-paragraph (4) applies, promptly removes the information or disables access to it. (4) This sub-paragraph applies if the service provider obtains actual knowledge that— (a) the information at the initial source of the transmission has been removed from the network, (b) access to it has been disabled, or (c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information. (8) (1) A service provider does not commit an offence under paragraph 2 by storing information provided by a recipient of the service if— (a) the service provider had no actual knowledge when the information was provided that it was, or contained, a prohibited publication, or (b) on obtaining actual knowledge that the information was, or contained, a prohibited publication, the service provider promptly removed the information or disabled access to it. (2) Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider. (9) (1) In this Schedule— - “domestic service provider” means a service provider established in England and Wales, Scotland or Northern Ireland; - “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce); - “information society services”— 1. has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and 2. is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”; - “non-UK service provider” means a service provider established in an EEA state other than the United Kingdom; - “offence of forced marriage” means an offence under section 16; - “programme service” has the same meaning as in the Broadcasting Act 1990 (see section 201(1) of that Act); - “prohibited material” means any material the publication of which contravenes paragraph 1(2); - “publication” includes any speech, writing, relevant programme or other communication (in whatever form) which is addressed to, or is accessible by, the public at large or any section of the public; - “recipient”, in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible; - “relevant programme” means a programme included in a programme service; - “service provider” means a person providing an information society service. (2) For the purposes of the definition of “publication” in sub-paragraph (1)— (a) an indictment or other document prepared for use in particular legal proceedings is not to be taken as coming within the definition; (b) every relevant programme is to be taken as addressed to the public at large or to a section of the public. (3) For the purposes of the definitions of “domestic service provider” and “non-UK service provider” in sub-paragraph (1)— (a) a service provider is established in a particular part of the United Kingdom, or in a particular EEA state, if the service provider— (i) effectively pursues an economic activity using a fixed establishment in that part of the United Kingdom, or that EEA state, for an indefinite period, and (ii) is a national of an EEA state or a company or firm mentioned in Article 54 of the Treaty on the Functioning of the European Union; (b) the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider; (c) where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider's activities relating to that service.

Stalking

Sentences for offences of putting people in fear of violence etc

175

• (1) In the Protection from Harassment Act 1997 —

• (a) in section 4 (putting people in fear of violence), in subsection (4)(a), for “five years” substitute “ ten years ”;

• (b) in section 4A (stalking involving fear of violence or serious alarm or distress), in subsection (5)(a), for “five years” substitute “ ten years ”.

• (2) In the Crime and Disorder Act 1998, in section 32 (racially or religiously aggravated harassment etc), in subsection (4)(b) (which specifies the penalty on conviction on indictment for an offence under that section which consists of a racially or religiously aggravated offence under section 4 or 4A of the Protection from Harassment Act 1997), for “seven years” substitute “ 14 years ”.

• (3) The amendments made by this section apply only in relation to an offence committed on or after the day on which this section comes into force.

• (4) Where the course of conduct constituting an offence is found to have occurred over a period of 2 or more days, or at some time during a period of 2 or more days, the offence must be taken for the purposes of subsection (3) to have been committed on the last of those days.

Protection of children and vulnerable adults

Child sexual exploitation: streaming indecent images

176

In section 51(2) of the Sexual Offences Act 2003 (sexual exploitation of children: interpretation), in paragraph (b), at the end insert “ or streamed or otherwise transmitted ”.

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

177

• (1) The Secretary of State may issue guidance to public authorities as to how their licensing functions under taxi and private hire vehicle legislation may be exercised so as to protect children, and vulnerable individuals who are 18 or over, from harm.

• (2) The Secretary of State may revise any guidance issued under this section.

• (3) The Secretary of State must arrange for any guidance issued under this section, and any revision of it, to be published.

• (4) Any public authority which has licensing functions under taxi and private hire vehicle legislation must have regard to any guidance issued under this section.

• (5) Before issuing guidance under this section, the Secretary of State must consult—

• (a) the National Police Chiefs' Council,

• (b) persons who appear to the Secretary of State to represent the interests of public authorities who are required to have regard to the guidance,

• (c) persons who appear to the Secretary of State to represent the interests of those whose livelihood is affected by the exercise of the licensing functions to which the guidance relates, and

• (d) such other persons as the Secretary of State considers appropriate.

• (6) In this section, “taxi and private hire vehicle legislation” means—

• (a) the London Hackney Carriages Act 1843;

• (b) sections 37 to 68 of the Town Police Clauses Act 1847;

• (c) the Metropolitan Public Carriage Act 1869;

• (d) Part 2 of the Local Government (Miscellaneous Provisions) Act 1976;

• (e) the Private Hire Vehicles (London) Act 1998;

• (f) the Plymouth City Council Act 1975 (c.xx).

Coroners' investigations into deaths

Coroners’ investigations into deaths: meaning of “state detention”

178

• (1) Section 48 of the Coroners and Justice Act 2009 (interpretation of Part 1: general) is amended as follows.

• (2) In subsection (1), in the definition of “state detention”, after “subsection (2)” insert “ (read with subsection (2A)) ”.

• (3) In subsection (2), at the beginning insert “ Subject to subsection (2A), ”.

• (4) After subsection (2) insert—

(2A) But a person is not in state detention at any time when he or she is deprived of liberty under section 4A(3) or (5) or 4B of the Mental Capacity Act 2005.

Powers of Scottish litter authorities

Powers of litter authorities in Scotland

179

• (1) In Part 4 of the Environmental Protection Act 1990 (litter etc), after section 91 insert—

(92) (1) Where a principal litter authority in Scotland other than a joint board is satisfied as respects— (a) any relevant Crown land, (b) any relevant land of a designated statutory undertaker, (c) any relevant land of a designated educational institution, or (d) any relevant land within a litter control area of a local authority, that it is defaced by litter or refuse or that defacement of it by litter or refuse is likely to recur, the authority shall serve a notice (a “litter abatement notice”) imposing either the requirement or the prohibition or both the requirement and the prohibition specified in subsection (2). (2) The requirement and prohibition referred to in subsection (1) are as follows, namely— (a) a requirement that the litter or refuse be cleared within a time specified in the notice; (b) a prohibition on permitting the land to become defaced by litter or refuse. (3) The litter abatement notice shall be served— (a) as respects relevant Crown land, on the appropriate Crown authority; (b) as respects relevant land of a designated statutory undertaker, on the undertaker; (c) as respects relevant land of a designated educational institution, on the governing body of the institution or on the education authority responsible for the management of the institution; (d) in any other case, on the occupier of the land or, if it is unoccupied, on the owner of the land. (4) The person served with the notice may appeal against the notice to the sheriff by way of application within the period of 21 days beginning with the date on which the notice was served. (5) If, on any appeal under subsection (4), the appellant proves that, as respects the land in question, he has complied with his duty under section 89(1), the court shall allow the appeal. (6) If a person on whom a litter abatement notice is served, without reasonable excuse, fails to comply with or contravenes the requirement or prohibition imposed by the notice, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale together with a further fine of an amount equal to one-twentieth of that level for each day on which the offence continues after the conviction. (7) In any proceedings for an offence under subsection (6), it shall be a defence for the person charged to prove that he has complied, as respects the land in question, with his duty under section 89(1). (8) A direction under section 89(6A) or a code of practice under section 89(7) shall be admissible in evidence in any proceedings under this section and, if any provision of such a direction or code appears to the court to be relevant to any question in the proceedings, it shall be taken into account in determining that question. (9) If a person on whom a litter abatement notice is served fails to comply with the requirement imposed by the notice in respect of any land, the authority may, subject to subsection (10)— (a) enter on the land and clear the litter or refuse, and (b) recover from that person the expenditure attributable to their having done so, except such of the expenditure as that person shows was unnecessary in the circumstances. (10) Subsection (9) does not apply in relation to relevant Crown land or relevant land of statutory undertakers. (93) (1) A principal litter authority in Scotland other than a joint board may, with a view to the prevention of accumulations of litter or refuse in and around any street or open land adjacent to any street, issue notices (“street litter control notices”) imposing requirements on occupiers of premises in relation to such litter or refuse, in accordance with this section and section 94. (2) If the authority is satisfied, in respect of any premises which are of a description prescribed under section 94(1)(a) and have a frontage on a street in their area, that— (a) there is recurrent defacement by litter or refuse of any land, being part of the street or open land adjacent to the street, which is in the vicinity of the premises, (b) the condition of any part of the premises which is open land in the vicinity of the frontage is, and if no notice is served is likely to continue to be, detrimental to the amenities of the locality by reason of the presence of litter or refuse, or (c) there is produced, as a result of the activities carried on on the premises, quantities of litter or refuse of such nature and in such amounts as are likely to cause the defacement of any part of the street, or of open land adjacent to the street, which is in the vicinity of the premises, the authority may serve a street litter control notice on the occupier or, if the premises are unoccupied, on the owner of the premises. (3) A notice shall, subject to section 94(2), (3) and (4)— (a) identify the premises and state the grounds under subsection (2) on which it is issued; (b) specify an area of open land which adjoins or is in the vicinity of the frontage of the premises on the street; (c) specify, in relation to that area or any part of it, such reasonable requirements as the authority considers appropriate in the circumstances; and, for the purposes of paragraph (b), an area which includes land on both sides of the frontage of the premises shall be treated as an area adjoining that frontage. (4) In this section and section 94— - “notice” means a street litter control notice; - “open land” means land in the open air; - “the premises”, in relation to a notice, means the premises in respect of which the notice is issued; - “specified area” means the area specified in a notice under subsection (3)(b); and - “street” means a relevant highway, a relevant road or any other highway or road over which there is a right of way on foot. (94) (1) The Scottish Ministers may by order prescribe— (a) the descriptions of commercial or retail premises in respect of which a street litter control notice may be issued; (b) the descriptions of land which may be included in a specified area; and (c) the maximum area of land which may be included in a specified area; and different descriptions or maximum dimensions may be prescribed under paragraph (b) or (c) for different cases or circumstances. An order under this subsection is subject to the negative procedure. (2) The power to describe premises or land under subsection (1)(a) or (b) includes power to describe the premises or land by reference to occupation or ownership or to the activities carried on there. (3) The land comprised in a specified area— (a) shall include only land of one or more of the descriptions prescribed under subsection (1)(b); (b) shall not include any land which is not— (i) part of the premises, (ii) part of a street, (iii) relevant land of a principal litter authority, or (iv) land under the direct control of any other local authority; and (c) shall not exceed any applicable maximum area prescribed under subsection (1)(c); but a specified area shall not include any part of the premises which is or is part of a litter control area. (4) The requirements which may be imposed by a notice shall relate to the clearing of litter or refuse from the specified area and may in particular require— (a) the provision or emptying of receptacles for litter or refuse; (b) the doing within a period specified in the notice of any such thing as may be so specified (including the standards to which any such thing must be done); or (c) the doing (while the notice remains in force) at such times or intervals, or within such period, of any such thing as may be so specified; but a notice may not require the clearing of litter or refuse from any carriageway, except at a time when the carriageway is closed to all vehicular traffic. (5) In relation to so much of the specified area as is not part of the premises the authority shall take account, in determining what requirements to impose, of their own duties under this Part or otherwise, and of any similar duties of any other local authority, in relation to that land. (6) An authority proposing to serve a notice shall— (a) inform the person on whom the notice is to be served; (b) give him the opportunity to make representations about the notice within the period of 21 days beginning with the day on which he is so informed; and (c) take any representations so made into account in making their decision. (7) A person on whom a notice is served may appeal against the notice to the sheriff by way of application; and the court may quash the notice or may quash, vary or add to any requirement imposed by the notice. (8) If it appears to the authority that a person has failed or is failing to comply with any requirement imposed by a notice, the authority may apply to the sheriff by way of application for an order requiring the person to comply with the requirement within such time as may be specified in the order. (9) A person who, without reasonable excuse, fails to comply with an order under subsection (8) is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (2) Any order under section 94(1) of the Environmental Protection Act 1990 which had effect immediately before the coming into force of paragraph 21 of Schedule 11 to the Anti-social Behaviour, Crime and Policing Act 2014—

• (a) is (so far as extending to Scotland) revived on the coming into force of this section, and

• (b) has effect on its revival as if made under section 94(1) of that Act as re-enacted with modifications by this section.

CHAPTER 2 — General

Consequential amendments, repeals and revocations

180

• (1) The Secretary of State may by regulations made by statutory instrument make such provision as the Secretary of State considers appropriate in consequence of this Act other than Part 8.

• (2) The Treasury may by regulations made by statutory instrument make such provision as the Treasury considers appropriate in consequence of Part 8.

• (3) Regulations under subsection (1) or (2)—

• (a) may include transitional, transitory or saving provision;

• (b) may repeal, revoke or otherwise amend any provision of primary or subordinate legislation (including legislation passed or made in the same Session as this Act).

• (4) A statutory instrument containing (whether alone or with other provision) regulations under this section that repeal, revoke or otherwise amend any provision of primary legislation is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (5) A statutory instrument containing regulations under this section that do not repeal, revoke or otherwise amend any provision of primary legislation is subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) In this section—

• “primary legislation” means—an Act;an Act of the Scottish Parliament;a Measure or Act of the National Assembly for Wales;Northern Ireland legislation;

• “subordinate legislation” means—subordinate legislation within the meaning of the Interpretation Act 1978;an instrument made under an Act of the Scottish Parliament;an instrument made under a Measure or Act of the National Assembly for Wales;an instrument made under Northern Ireland legislation.

Financial provision

181

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

• (a) any expenditure incurred under or by virtue of this Act by the Secretary of State;

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

Extent

182

• (1) Except as provided by subsections (2) to (6), this Act extends only to England and Wales.

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

• (a) section 6, so far as relating to paragraphs 81, 95 and 96 of Schedule 1, and those paragraphs;

• (b) section 8(11);

• (c) section 9(3), so far as relating to paragraphs 108 and 121 of Schedule 2, and those paragraphs;

• (d) section 16, so far as relating to paragraphs 22 and 47(h)(i) of Schedule 5, and those paragraphs;

• (e) section 21(2) and (3);

• (f) section 29(8), so far as relating to paragraphs 1 to 5 of Schedule 7, and those paragraphs;

• (g) section 33(9), so far as relating to paragraphs 56(10), 59, 60, 61, 63, 64, 66, 68, 69 and 74 of Schedule 9, and those paragraphs;

• (h) section 35;

• (i) section 37(6);

• (j) section 45, so far as relating to paragraphs 6, 13 and 14 of Schedule 12, and those paragraphs;

• (k) section 46(10), so far as relating to paragraph 2 of Schedule 13, and that paragraph;

• (l) section 47, so far as relating to the inserted sections 50A(3) to (7) and 50B of the Police Act 1996;

• (m) section 50;

• (n) section 71;

• (o) section 76(3);

• (p) sections 116 to 119 and Schedules 15, 16 and 17;

• (q) sections 143 to 149 and 151 to 156;

• (r) section 157(5) and Schedule 19;

• (s) section 158;

• (t) sections 160 and 161;

• (u) section 163;

• (v) this Chapter.

• (3) The following provisions extend to England and Wales and Scotland (but not to Northern Ireland)—

• (a) section 6, so far as relating to paragraphs 11, 14, 20 to 22, 33, 35, 52, 55, 59 to 66, 72 to 75, 80 and 85 of Schedule 1, and those paragraphs;

• (b) section 7(8);

• (c) section 8(5) and (8);

• (d) section 9(3), so far as relating to paragraphs 30, 31, 33, 34, 48, 50, 74, 77, 80, 84 to 91, 99, 106 and 116 of Schedule 2, and those paragraphs;

• (e) section 29(8), so far as relating to paragraphs 6 to 14 of Schedule 7, and those paragraphs;

• (f) section 33(9), so far as relating to paragraphs 62 and 72 of Schedule 9, and those paragraphs;

• (g) section 39;

• (h) section 45, so far as relating to paragraphs 8, 12 and 17 of Schedule 12, and those paragraphs;

• (i) section 46(10), so far as relating to paragraphs 4 and 6 of Schedule 13, and those paragraphs;

• (j) section 49;

• (k) section 51, so far as relating to paragraphs (a), (b) and (d) of paragraph 7 of Schedule 14, and those paragraphs;

• (l) sections 84(2) to (5), 86 to 92 and 95;

• (m) sections 96(2) to (7), 98 to 104 and 106;

• (n) section 123;

• (o) sections 125 to 133.

• (4) The following provisions extend to England and Wales and Northern Ireland (but not to Scotland)—

• (a) section 51, so far as relating to paragraphs 2(2), 3(2) and (3)(d) and 5(b) and (c) of Schedule 14, and those paragraphs;

• (b) sections 68 and 69;

• (c) section 159.

• (5) The following provisions extend to Scotland only—

• (a) section 46(2) to (9);

• (b) sections 96(1) and (8), 97 and 105;

• (c) section 179.

• (6) The following provisions extend to Northern Ireland only—

• (a) Chapter 7 of Part 4;

• (b) sections 168(1) and (2) and 169 to 172;

• (c) section 174.

• (7) The power under section 60(4) of the UK Borders Act 2007 may be exercised so as to extend to any of the Channel Islands or the Isle of Man any amendment made by or under this Act of any part of that Act (with or without modification).

Commencement

183

• (1) Except as provided by subsections (2) to (6), this Act comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.

• (2) Chapter 7 of Part 4 comes into force on such day as the Department of Justice in Northern Ireland appoints by order.

• (3) Part 8 comes into force on such day as the Treasury may by regulations made by statutory instrument appoint.

• (4) Sections 168 to 170 and 172 come into force on such day as the Department of Justice in Northern Ireland appoints by order.

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

• (a) section 124;

• (b) sections 164, 165 and 167;

• (c) section 179;

• (d) this Chapter;

• (e) any other provision of this Act so far as is necessary for enabling the exercise on or after the day on which this Act is passed of any power to make provision by subordinate legislation (within the meaning of the Interpretation Act 1978) or to issue codes of practice or guidance.

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

• (a) section 76;

• (b) section 157 and Schedule 19;

• (c) section 158;

• (d) sections 173 and 174;

• (e) section 176.

• (7) Regulations under subsection (1) or (3), or an order under subsection (2) or (4), may appoint different days for different purposes.

• (8) Before making regulations appointing a day for the coming into force of any provision of sections 96 to 106 the Secretary of State must consult the Scottish Ministers.

• (9) The Secretary of State may by regulations made by statutory instrument make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act other than Chapter 7 of Part 4 , Part 8 or sections 168 to 172.

• (10) The Department of Justice in Northern Ireland may by order make such transitional, transitory or saving provision as it considers appropriate in connection with the coming into force of any provision of Chapter 7 of Part 4 .

• (11) The Treasury may by regulations made by statutory instrument make such transitional, transitory or saving provision as the Treasury considers appropriate in connection with the coming into force of any provision of Part 8 .

• (12) The Department of Justice in Northern Ireland may by order make such transitional, transitory or saving provision as the Department of Justice in Northern Ireland considers appropriate in connection with the coming into force of sections 168, 169, 170 and 172.

• (13) The power to make regulations under subsection (9) or (11), or an order under subsection (10) or (12), includes power to make different provision for different purposes.

• (14) The powers conferred on the Department of Justice in Northern Ireland by subsections (2), (4), (10) and (12) are exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

Short title

184

This Act may be cited as the Policing and Crime Act 2017.

SCHEDULE 1

Part 1 — Amendments to the Fire and Rescue Services Act 2004

1

The Fire and Rescue Services Act 2004 is amended as follows.

2

Before section 1 insert— “ Fire and rescue authorities ”.

3

In section 1(4) (fire and rescue authorities) for the words from “sections” to the end substitute

— (a) sections 2 and 4 (schemes constituting combined fire and rescue authorities for particular areas), and (b) sections 4A and 4B (orders providing for police and crime commissioners to be fire and rescue authorities).

4

Before section 2 insert— “ Combined fire and rescue authorities ”.

5

After section 4 insert—