Criminal Justice and Police Act 2001 (c. 16)

(The document as of February, 2008)

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(b) make provision as to the persons by whom the protected part of the register may be inspected and the conditions (which may include conditions as to the payment of a fee) on which they may inspect it.

(7) Regulations may make provision--

(a) requiring any individual in relation to whom a confidentiality order is in force to specify in the prescribed manner, in relation to each company of which he becomes a director, secretary or permanent representative at a time when the order is in force, an address satisfying such conditions as may be prescribed;

(b) as to the manner in which the address specified in relation to a company under section 723B(5) or this subsection may be changed.

(8) A company is an affected company for the purposes of subsection (1) if--

(a) it is required to deliver annual returns in accordance with section 363; and

(b) the individual has specified an address in relation to it under section 723B(5) or subsection (7) above.

723D Construction of sections 723B and 723C

(1) In section 723B "relevant company" means--

(a) a company formed and registered under this Act or an existing company; or

(b) an oversea company.

(2) For the purposes of sections 723B and 723C, an individual is a permanent representative of a company if--

(a) the company is a company to which section 690A applies; and

(b) he is authorised to represent the company as a permanent representative of the company for the business of one or more of its branches in Great Britain.

(3) In section 723C "confidential records" means so much of any records kept by the registrar for the purposes of the Companies Acts as contains information--

(a) which relates to an individual in relation to whom a confidentiality order is in force; and

(b) is recorded as particulars of the individual's usual residential address that were contained in a document delivered to the registrar after the order came into force.

(4) In sections 723B and 723C--

"confidentiality order" means an order under section 723B;
"the court" means such court as may be specified in regulations;
"director" and "secretary", in relation to an oversea company, have the same meanings as in Chapter 1 of Part 23 of this Act;
"document" has the same meaning as in Part 24 of this Act;
"prescribed" means prescribed by regulations.

(5) Section 715A(2) applies in relation to sections 723B and 723C as it applies in relation to Part 24 of this Act.

(6) Regulations may provide that in determining for the purposes of sections 723B and 723C whether a document has been delivered after the coming into force of a confidentiality order, any document delivered to the registrar after the latest time permitted for the delivery of that document shall be deemed to have been delivered at that time.

(7) For the purposes of section 723B(2)(a) and subsection (2) above it is immaterial whether or not the company in question has already been incorporated or become a relevant company or a company to which section 690A applies at the time of the application under section 723B.

(8) For the purposes of section 723C(1) and subsection (3) above, it is immaterial whether the record in question consists in the original document concerned.

723E Sections 723B and 723C: offences

(1) Regulations may provide--

(a) that any person who in an application under section 723B makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular, shall be guilty of an offence;

(b) that any person who discloses information in contravention of regulations under section 723C(4) shall be guilty of an offence.

(2) Regulations may provide that a person guilty of an offence under subsection (1) shall be liable--

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both; and

(b) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both.

723F Regulations under sections 723B to 723E

(1) In sections 723B to 723E "regulations" means regulations made by the Secretary of State.

(2) Any power of the Secretary of State to make regulations under any of those sections shall be exercisable by statutory instrument.

(3) Regulations under sections 723B to 723E--

(a) may make different provision for different cases;

(b) may contain such incidental, supplemental, consequential and transitional provision, as the Secretary of State thinks fit.

(4) The provision that may be made by virtue of subsection (3)(b) includes provision repealing or modifying any enactment.

(5) No regulations shall be made under any of sections 723B to 723E unless a draft of the instrument containing them has been laid before Parliament and approved by a resolution of each House. "

(3) In section 288 (register of directors and secretaries), after subsection (6) there shall be inserted--

" (7) Subsections (3) and (5) are subject to section 723B. "

(4) In section 709(1) (inspection, etc of records kept by the registrar), at the beginning there shall be inserted "Subject to section 723B,".

Advertisements relating to prostitution

46 Placing of advertisement relating to prostitution

(1) A person commits an offence if--

(a) he places on, or in the immediate vicinity of, a public telephone an advertisement relating to prostitution, and

(b) he does so with the intention that the advertisement should come to the attention of any other person or persons.

(2) For the purposes of this section, an advertisement is an advertisement relating to prostitution if it--

(a) is for the services of a prostitute, whether male or female; or

(b) indicates that premises are premises at which such services are offered.

(3) In any proceedings for an offence under this section, any advertisement which a reasonable person would consider to be an advertisement relating to prostitution shall be presumed to be such an advertisement unless it is shown not to be.

(4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or both.

(5) In this section--

"public telephone" means--
(a)
any telephone which is located in a public place and made available for use by the public, or a section of the public, and
(b)
where such a telephone is located in or on, or attached to, a kiosk, booth, acoustic hood, shelter or other structure, that structure; and
"public place" means any place to which the public have or are permitted to have access, whether on payment or otherwise, other than--
(a)
any place to which children under the age of 16 years are not permitted to have access, whether by law or otherwise, and
(b)
any premises which are wholly or mainly used for residential purposes.

(6) In section 24 of the Police and Criminal Evidence Act 1984 (c. 60) (arrest without warrant for arrestable offences), in subsection (2) (offences which are arrestable offences), after paragraph (c) insert-

" (ca) an offence under section 46 of the Criminal Justice and Police Act 2001; " .

47 Application of section 46 by order to public structures

(1) The Secretary of State may, by order, provide for section 46 to apply in relation to any public structure of a description specified in the order as it applies in relation to a public telephone.

(2) In this section--

"public structure" means any structure that--
(a)
is provided as an amenity for the use of the public or a section of the public, and
(b)
is located in a public place; and
"public place" and "public telephone" have the same meaning as in section 46.

(3) At any time when an order under this section has effect, the reference in section 24(2) of the Police and Criminal Evidence Act 1984 (c. 60) to an offence under section 46 of this Act shall be construed as including an offence under that section by virtue of the order.

(4) The power to make an order under this section is exercisable by statutory instrument.

(5) No order may be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

Local child curfew schemes

48 Extension to older children

In section 14(2) of the Crime and Disorder Act 1998 (c. 37) (maximum age of children to be subject to local child curfew schemes) for "under 10" there shall be substituted "under 16".

49 Power for police to make schemes

(1) Section 14 of the Crime and Disorder Act 1998 (local child curfew schemes) shall be amended as follows.

(2) In subsection (1) (power to make schemes)--

(a) after "local authority" there shall be inserted "or a chief officer of police"; and

(b) after "the authority", in each place where it appears, there shall be inserted "or (as the case may be) the officer".

(3) After subsection (3) there shall be inserted--

" (3A) Before making a local child curfew scheme, a chief officer of police shall consult--

(a) every local authority any part of whose area lies within the area to be specified; and

(b) such other persons or bodies as he considers appropriate. "

(4) For subsection (4) there shall be substituted--

" (4) A local child curfew scheme shall, if made by a local authority, be made under the common seal of the authority.

(4A) A local child curfew scheme shall not have effect until it is confirmed by the Secretary of State. "

(5) In subsection (7)(b) after "authority" there shall be inserted "or (as the case may be) the chief officer of police".

Part 2 Powers of seizure

Additional powers of seizure

50 Additional powers of seizure from premises

(1) Where--

(a) a person who is lawfully on any premises finds anything on those premises that he has reasonable grounds for believing may be or may contain something for which he is authorised to search on those premises,

(b) a power of seizure to which this section applies or the power conferred by subsection (2) would entitle him, if he found it, to seize whatever it is that he has grounds for believing that thing to be or to contain, and

(i) whether what he has found is something that he is entitled to seize, or

(ii) the extent to which what he has found contains something that he is entitled to seize,

that person's powers of seizure shall include power under this section to seize so much of what he has found as it is necessary to remove from the premises to enable that to be determined.

(2) Where--

(a) a person who is lawfully on any premises finds anything on those premises ("the seizable property") which he would be entitled to seize but for its being comprised in something else that he has (apart from this subsection) no power to seize,

(b) the power under which that person would have power to seize the seizable property is a power to which this section applies, and

(c) in all the circumstances it is not reasonably practicable for the seizable property to be separated, on those premises, from that in which it is comprised,

that person's powers of seizure shall include power under this section to seize both the seizable property and that from which it is not reasonably practicable to separate it.

(3) The factors to be taken into account in considering, for the purposes of this section, whether or not it is reasonably practicable on particular premises for something to be determined, or for something to be separated from something else, shall be confined to the following--

(a) how long it would take to carry out the determination or separation on those premises;

(b) the number of persons that would be required to carry out that determination or separation on those premises within a reasonable period;

(c) whether the determination or separation would (or would if carried out on those premises) involve damage to property;

(d) the apparatus or equipment that it would be necessary or appropriate to use for the carrying out of the determination or separation; and

(e) in the case of separation, whether the separation--

(i) would be likely, or

(ii) if carried out by the only means that are reasonably practicable on those premises, would be likely,

to prejudice the use of some or all of the separated seizable property for a purpose for which something seized under the power in question is capable of being used.

(4) Section 19(6) of the 1984 Act and Article 21(6) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12)) (powers of seizure not to include power to seize anything that a person has reasonable grounds for believing is legally privileged) shall not apply to the power of seizure conferred by subsection (2).

(5) This section applies to each of the powers of seizure specified in Part 1 of Schedule 1.

(6) Without prejudice to any power conferred by this section to take a copy of any document, nothing in this section, so far as it has effect by reference to the power to take copies of documents under section 28(2)(b) of the Competition Act 1998 (c. 41), shall be taken to confer any power to seize any document.

51 Additional powers of seizure from the person

(1) Where--

(a) a person carrying out a lawful search of any person finds something that he has reasonable grounds for believing may be or may contain something for which he is authorised to search,

(c) in all the circumstances it is not reasonably practicable for it to be determined, at the time and place of the search--

(i) whether what he has found is something that he is entitled to seize, or

(ii) the extent to which what he has found contains something that he is entitled to seize,

that person's powers of seizure shall include power under this section to seize so much of what he has found as it is necessary to remove from that place to enable that to be determined.

(2) Where--

(a) a person carrying out a lawful search of any person finds something ("the seizable property") which he would be entitled to seize but for its being comprised in something else that he has (apart from this subsection) no power to seize,

(b) the power under which that person would have power to seize the seizable property is a power to which this section applies, and

(c) in all the circumstances it is not reasonably practicable for the seizable property to be separated, at the time and place of the search, from that in which it is comprised,

that person's powers of seizure shall include power under this section to seize both the seizable property and that from which it is not reasonably practicable to separate it.

(3) The factors to be taken into account in considering, for the purposes of this section, whether or not it is reasonably practicable, at the time and place of a search, for something to be determined, or for something to be separated from something else, shall be confined to the following--

(a) how long it would take to carry out the determination or separation at that time and place;

(b) the number of persons that would be required to carry out that determination or separation at that time and place within a reasonable period;

(c) whether the determination or separation would (or would if carried out at that time and place) involve damage to property;

(d) the apparatus or equipment that it would be necessary or appropriate to use for the carrying out of the determination or separation; and

(e) in the case of separation, whether the separation--

(i) would be likely, or

(ii) if carried out by the only means that are reasonably practicable at that time and place, would be likely,

to prejudice the use of some or all of the separated seizable property for a purpose for which something seized under the power in question is capable of being used.

(4) Section 19(6) of the 1984 Act and Article 21(6) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12)) (powers of seizure not to include power to seize anything a person has reasonable grounds for believing is legally privileged) shall not apply to the power of seizure conferred by subsection (2).

(5) This section applies to each of the powers of seizure specified in Part 2 of Schedule 1.

52 Notice of exercise of power under s. 50 or 51

(1) Where a person exercises a power of seizure conferred by section 50, it shall (subject to subsections (2) and (3)) be his duty, on doing so, to give to the occupier of the premises a written notice--

(a) specifying what has been seized in reliance on the powers conferred by that section;

(b) specifying the grounds on which those powers have been exercised;

(d) specifying the name and address of the person to whom notice of an application under section 59(2) to the appropriate judicial authority in respect of any of the seized property must be given; and

(e) specifying the name and address of the person to whom an application may be made to be allowed to attend the initial examination required by any arrangements made for the purposes of section 53(2).

(2) Where it appears to the person exercising on any premises a power of seizure conferred by section 50--

(a) that the occupier of the premises is not present on the premises at the time of the exercise of the power, but

(b) that there is some other person present on the premises who is in charge of the premises,

subsection (1) of this section shall have effect as if it required the notice under that subsection to be given to that other person.

(3) Where it appears to the person exercising a power of seizure conferred by section 50 that there is no one present on the premises to whom he may give a notice for the purposes of complying with subsection (1) of this section, he shall, before leaving the premises, instead of complying with that subsection, attach a notice such as is mentioned in that subsection in a prominent place to the premises.

(4) Where a person exercises a power of seizure conferred by section 51 it shall be his duty, on doing so, to give a written notice to the person from whom the seizure is made--

(a) specifying what has been seized in reliance on the powers conferred by that section;

(b) specifying the grounds on which those powers have been exercised;

(d) specifying the name and address of the person to whom notice of any application under section 59(2) to the appropriate judicial authority in respect of any of the seized property must be given; and

(5) The Secretary of State may by regulations made by statutory instrument, after consultation with the Scottish Ministers, provide that a person who exercises a power of seizure conferred by section 50 shall be required to give a notice such as is mentioned in subsection (1) of this section to any person, or send it to any place, described in the regulations.

(6) Regulations under subsection (5) may make different provision for different cases.

(7) A statutory instrument containing regulations under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Return or retention of seized property

53 Examination and return of property seized under s. 50 or 51

(1) This section applies where anything has been seized under a power conferred by section 50 or 51.

(2) It shall be the duty of the person for the time being in possession of the seized property in consequence of the exercise of that power to secure that there are arrangements in force which (subject to section 61) ensure--

(a) that an initial examination of the property is carried out as soon as reasonably practicable after the seizure;

(b) that that examination is confined to whatever is necessary for determining how much of the property falls within subsection (3);

(c) that anything which is found, on that examination, not to fall within subsection (3) is separated from the rest of the seized property and is returned as soon as reasonably practicable after the examination of all the seized property has been completed; and

(d) that, until the initial examination of all the seized property has been completed and anything which does not fall within subsection (3) has been returned, the seized property is kept separate from anything seized under any other power.

(3) The seized property falls within this subsection to the extent only--

(a) that it is property for which the person seizing it had power to search when he made the seizure but is not property the return of which is required by section 54;

(b) that it is property the retention of which is authorised by section 56; or

(c) that it is something which, in all the circumstances, it will not be reasonably practicable, following the examination, to separate from property falling within paragraph (a) or (b).

(4) In determining for the purposes of this section the earliest practicable time for the carrying out of an initial examination of the seized property, due regard shall be had to the desirability of allowing the person from whom it was seized, or a person with an interest in that property, an opportunity of being present or (if he chooses) of being represented at the examination.

(5) In this section, references to whether or not it is reasonably practicable to separate part of the seized property from the rest of it are references to whether or not it is reasonably practicable to do so without prejudicing the use of the rest of that property, or a part of it, for purposes for which (disregarding the part to be separated) the use of the whole or of a part of the rest of the property, if retained, would be lawful.

54 Obligation to return items subject to legal privilege

(1) If, at any time after a seizure of anything has been made in exercise of a power of seizure to which this section applies--

(a) it appears to the person for the time being having possession of the seized property in consequence of the seizure that the property--

(i) is an item subject to legal privilege, or

(ii) has such an item comprised in it,

and

(b) in a case where the item is comprised in something else which has been lawfully seized, it is not comprised in property falling within subsection (2),

it shall be the duty of that person to secure that the item is returned as soon as reasonably practicable after the seizure.

(2) Property in which an item subject to legal privilege is comprised falls within this subsection if--

(a) the whole or a part of the rest of the property is property falling within subsection (3) or property the retention of which is authorised by section 56; and

(b) in all the circumstances, it is not reasonably practicable for that item to be separated from the rest of that property (or, as the case may be, from that part of it) without prejudicing the use of the rest of that property, or that part of it, for purposes for which (disregarding that item) its use, if retained, would be lawful.

(3) Property falls within this subsection to the extent that it is property for which the person seizing it had power to search when he made the seizure, but is not property which is required to be returned under this section or section 55.

(4) This section applies--

(a) to the powers of seizure conferred by sections 50 and 51;

(b) to each of the powers of seizure specified in Parts 1 and 2 of Schedule 1; and

(c) to any power of seizure (not falling within paragraph (a) or (b)) conferred on a constable by or under any enactment, including an enactment passed after this Act.

55 Obligation to return excluded and special procedure material

(1) If, at any time after a seizure of anything has been made in exercise of a power to which this section applies--

(a) it appears to the person for the time being having possession of the seized property in consequence of the seizure that the property--

(i) is excluded material or special procedure material, or

(ii) has any excluded material or any special procedure material comprised in it,

(b) its retention is not authorised by section 56, and

(c) in a case where the material is comprised in something else which has been lawfully seized, it is not comprised in property falling within subsection (2) or (3),

it shall be the duty of that person to secure that the item is returned as soon as reasonably practicable after the seizure.

(2) Property in which any excluded material or special procedure material is comprised falls within this subsection if--

(a) the whole or a part of the rest of the property is property for which the person seizing it had power to search when he made the seizure but is not property the return of which is required by this section or section 54; and

(b) in all the circumstances, it is not reasonably practicable for that material to be separated from the rest of that property (or, as the case may be, from that part of it) without prejudicing the use of the rest of that property, or that part of it, for purposes for which (disregarding that material) its use, if retained, would be lawful.

(3) Property in which any excluded material or special procedure material is comprised falls within this subsection if--

(a) the whole or a part of the rest of the property is property the retention of which is authorised by section 56; and

(4) This section applies (subject to subsection (5)) to each of the powers of seizure specified in Part 3 of Schedule 1.

(5) In its application to the powers of seizure conferred by--

(a) section 93I(5) of the Criminal Justice Act 1988 (c. 33),

(b) section 56(5) of the Drug Trafficking Act 1994 (c. 37), and

this section shall have effect with the omission of every reference to special procedure material.

(6) In this section, except in its application to--

(a) the power of seizure conferred by section 8(2) of the 1984 Act,

(b) the power of seizure conferred by Article 10(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12)),

(c) each of the powers of seizure conferred by the provisions of paragraphs 1 and 3 of Schedule 5 to the Terrorism Act 2000 (c. 11), and

(d) the power of seizure conferred by paragraphs 15 and 19 of Schedule 5 to that Act of 2000, so far only as the power in question is conferred by reference to paragraph 1 of that Schedule,

"special procedure material" means special procedure material consisting of documents or records other than documents.

56 Property seized by constables etc.

(1) The retention of--

(a) property seized on any premises by a constable who was lawfully on the premises,

(b) property seized on any premises by a relevant person who was on the premises accompanied by a constable, and

is authorised by this section if the property falls within subsection (2) or (3).

(2) Property falls within this subsection to the extent that there are reasonable grounds for believing--

(a) that it is property obtained in consequence of the commission of an offence; and

(b) that it is necessary for it to be retained in order to prevent its being concealed, lost, damaged, altered or destroyed.

(3) Property falls within this subsection to the extent that there are reasonable grounds for believing--

(a) that it is evidence in relation to any offence; and

(b) that it is necessary for it to be retained in order to prevent its being concealed, lost, altered or destroyed.

(4) Nothing in this section authorises the retention (except in pursuance of section 54(2)) of anything at any time when its return is required by section 54.

(5) In subsection (1)(b) the reference to a relevant person's being on any premises accompanied by a constable is a reference only to a person who was so on the premises under the authority of--

(a) a warrant under section 448 of the Companies Act 1985 (c. 6) authorising him to exercise together with a constable the powers conferred by subsection (3) of that section;

(b) a warrant under Article 441 of the Companies (Northern Ireland) Order 1986 (S.I. 1986 1032 (N.I. 6)) authorising him to exercise together with a constable the powers conferred by paragraph (3) of that Article;

(c) a warrant under section 199 of the Financial Services Act 1986 (c. 60) authorising him to exercise together with a constable the powers conferred by subsection (3) of that section;

(d) a warrant under section 43 of the Banking Act 1987 (c. 22) authorising him to exercise together with a constable the powers conferred by subsection (2) of that section; or

(e) a warrant under section 44A of the Insurance Companies Act 1982 (c. 50) authorising him to exercise together with a constable the powers conferred by subsection (3) of that section.

57 Retention of seized items

(1) This section has effect in relation to the following provisions (which are about the retention of items which have been seized and are referred to in this section as "the relevant provisions")--

(a) section 22 of the 1984 Act;

(b) Article 24 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12));

(d) paragraph 4 of Schedule 9 to the Weights and Measures (Northern Ireland) Order 1981 (S.I. 1981 231 (N.I. 10));

(e) section 44A(6) of the Insurance Companies Act 1982;

(f) section 448(6) of the Companies Act 1985 (c. 6);

(g) paragraph 4 of Schedule 8 to the Weights and Measures Act 1985 (c. 72);

(h) section 199(5) of the Financial Services Act 1986;

(i) Article 441(6) of the Companies (Northern Ireland) Order 1986;

(j) section 43(4) of the Banking Act 1987;

(k) section 40(4) of the Human Fertilisation and Embryology Act 1990 (c. 37);

(l) section 5(4) of the Knives Act 1997 (c. 21);

(m) paragraph 7(2) of Schedule 9 to the Data Protection Act 1998 (c. 29);

(n) section 28(7) of the Competition Act 1998 (c. 41);

(o) section 176(8) of the Financial Services and Markets Act 2000 (c. 8);

(p) paragraph 7(2) of Schedule 3 to the Freedom of Information Act 2000 (c. 36).

(2) The relevant provisions shall apply in relation to any property seized in exercise of a power conferred by section 50 or 51 as if the property had been seized under the power of seizure by reference to which the power under that section was exercised in relation to that property.

(3) Nothing in any of sections 53 to 56 authorises the retention of any property at any time when its retention would not (apart from the provisions of this Part) be authorised by the relevant provisions.

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