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Police and Justice Act 2006 (c. 48)(The document as of February, 2008) Page 11 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 (3) Regulations under this section may make different provision for different cases and circumstances. (4) A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House. (5) On giving a direction under section 40 or section 40A to a police authority, the Secretary of State shall notify the chief officer of police of the force in question that he has given that direction. (6) Where the Secretary of State gives a direction under section 40 or section 40A he shall lay before Parliament-- (a) a copy of the direction; and (b) a report about it. (7) A report under subsection (7)-- (a) shall be prepared at such time as the Secretary of State considers appropriate; and (b) may relate to more than one direction. " 28 In section 41 (directions as to minimum budget), in subsection (1), after "section 40" there is inserted "or 40A". Power to give directions as to action plans29 Sections 41A and 41B (power to give directions as to action plans, and procedure for doing so) are repealed. Arrangements for obtaining the views of the community on policing30 (1) Section 96 (arrangements for obtaining the views of the community on policing) is amended as follows. (2) In subsection (1)(b), after "crime" there is inserted "and anti-social behaviour". (3) In subsection (2), for "subsection (6)" there is substituted "provision made by virtue of subsection (6)(b)". (4) For subsections (6) to (10) there is substituted-- " (6) The Secretary of State may by regulations-- (a) make provision supplementing that made by this section (or by regulations under paragraph (b)); (b) make provision applying in place of subsection (2) in relation to the City of London police area. (7) Regulations under subsection (6)(a) may contain-- (a) provision requiring a police authority to review arrangements made under this section from time to time; (b) provision (further to that made by subsection (2) or by regulations under subsection (6)(b)) as to persons whom a police authority is to consult in making or reviewing the arrangements; (c) provision as to matters to which a police authority is to have regard in making or reviewing the arrangements; (d) provision for the Secretary of State, if not satisfied with the adequacy of arrangements made under this section by a police authority, to require the authority-- (i) to submit reports to him concerning the arrangements; (ii) to review the arrangements. (8) Before making regulations under this section the Secretary of State must consult-- (a) the Association of Police Authorities, (b) the Association of Chief Police Officers, and (c) such other persons as he thinks fit. (9) Regulations under this section may make different provision for different police authorities. (10) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. " Section 5 SCHEDULE 3 Power to merge police pension schemesIntroduction1 In this Schedule--
Power to merge police pension schemes2 (1) Regulations may-- (a) revoke those provisions of the police pensions regulations that apply to persons who became members of a police pension scheme before 6th April 2006, and (b) make equivalent provision establishing a single pension scheme for the benefit of those persons. (2) In sub-paragraph (1)(b) "equivalent provision" means, subject to sub-paragraph (3), provision having the same effect as the provisions revoked. (3) The regulations may make changes to the effect of the provisions revoked if the changes-- (a) are made as a result of consolidating the provisions of the different police pensions regulations into a single pension scheme, and (b) do not make the scheme less beneficial to any member of it than the police pension scheme of which he was previously a member. Exercise of power to establish merged scheme3 (1) This paragraph applies to the first regulations under this Schedule. (2) The power to make the regulations is exercisable by the Secretary of State with the consent of the Treasury. (3) Before exercising the power the Secretary of State shall consult with the Police Negotiating Board for the United Kingdom. (4) The regulations may be framed so as to have effect as from a date before the making of the regulations. Exercise of power to amend merged scheme4 (1) The power to make amending regulations is exercisable as if-- (a) any provision of the 1976 Act applying to regulations under section 1 of that Act, (b) any provision of Northern Ireland legislation applying to regulations under section 25(2)(k) of the 1998 Act, and (c) any provision of Northern Ireland legislation applying to regulations under section 26(2)(g) of the 1998 Act, applied also to the amending regulations. (2) In this paragraph "amending regulations" means regulations amending regulations previously made under this Schedule. Application of provisions of other Acts5 (1) The provisions of-- (a) section 8A of the 1976 Act (information in connection with police pensions etc), (b) section 9 of that Act (assignment etc of pension to be void), and (c) section 10 of that Act (obtaining pension by self-inflicted injury etc), apply to regulations under this Schedule, so far as relating to persons who are former members of a 1976 Act Scheme, as they apply to regulations under section 1 of the 1976 Act. (2) The Pensions (Increase) Act 1971 (c. 56) has effect as if a reference in paragraph 15 or 43 of Schedule 2 to a pension payable under the Police Pensions Act 1976 included a reference to a pension payable under regulations under this Schedule to a person who is a former member of a 1976 Act Scheme. Transitional provision6 A reference, however expressed, in any document (including an enactment) to-- (a) regulations under section 1 of the 1976 Act, (b) regulations under section 25(2)(k) of the 1998 Act, or (c) regulations under section 26(2)(g) of the 1998 Act, is to be read, where the context allows, as including a reference to regulations under this Schedule. Continuity of schemes for tax purposes7 A pension scheme established under this Schedule is to be regarded for the purposes of Part 4 of the Finance Act 2004 (c. 12) (taxation of pension schemes etc) as a continuation of each police pension scheme that it replaces, and not as a different scheme. Section 6 SCHEDULE 4 Consultation with APA and ACPOPolice and Criminal Evidence Act 1984 (c. 60)1 In section 67 of the Police and Criminal Evidence Act 1984 (supplementary provisions about codes), for paragraphs (a) and (b) of subsection (4) there is substituted-- " (a) the Association of Police Authorities, (b) the Association of Chief Police Officers of England, Wales and Northern Ireland, " . Police Act 1996 (c. 16)2 In section 8A of the Police Act 1996 (local policing summaries), for paragraphs (a) and (b) of subsection (6) there is substituted-- " (a) the Association of Police Authorities; (b) the Association of Chief Police Officers; and " . 3 In section 39A of that Act (codes of practice for chief officers), for paragraphs (a) and (b) of subsection (4) there is substituted-- " (a) the Association of Police Authorities; (b) the Association of Chief Police Officers; and " . 4 In section 42A of that Act (procedure in relation to removal of senior officers), for paragraphs (a) and (b) of subsection (2) there is substituted-- " (a) the Association of Police Authorities; (b) the Association of Chief Police Officers; and " . 5 In section 53 of that Act (regulations as to standard of equipment), for paragraphs (a) and (b) of subsection (2) there is substituted-- " (a) the Association of Police Authorities; (b) the Association of Chief Police Officers; and " . 6 (1) Section 53A of that Act (regulation of procedures and practices) is amended as follows. (2) For paragraphs (a) and (b) of subsection (3) there is substituted-- " (a) the Association of Police Authorities; and (b) the Association of Chief Police Officers. " (3) For paragraphs (a) and (b) of subsection (5) there is substituted-- " (a) the Association of Police Authorities; and (b) the Association of Chief Police Officers; and " . 7 In section 57 of that Act (common services), for paragraphs (a) and (b) of subsection (4) there is substituted-- " (a) the Association of Police Authorities; (b) the Association of Chief Police Officers; and " . 8 In section 101 of that Act (interpretation), at the beginning of the list of definitions in subsection (1) there is inserted-- " "the Association of Chief Police Officers" means the Association of Chief Police Officers of England, Wales and Northern Ireland; " . Criminal Procedure and Investigations Act 1996 (c. 25)9 In section 21A of the Criminal Procedure and Investigations Act 1996 (code of practice for police interviews of certain witnesses), in subsection (4)-- (a) before paragraph (a) there is inserted-- " (za) the Association of Chief Police Officers of England, Wales and Northern Ireland; " ; (b) sub-paragraph (i) of paragraph (a) is omitted. Criminal Justice and Police Act 2001 (c. 16)10 In section 97 of the Criminal Justice and Police Act 2001 (regulations for police forces), for paragraphs (c) and (d) of subsection (4) there is substituted-- " (c) the Association of Police Authorities; and (d) the Association of Chief Police Officers of England, Wales and Northern Ireland. " Police Reform Act 2002 (c. 30)11 In section 22 of the Police Reform Act 2002 (power of Independent Police Complaints Commission to issue guidance), for paragraphs (a) and (b) of subsection (3) there is substituted-- " (a) the Association of Police Authorities; (b) the Association of Chief Police Officers; and " . 12 In section 24 of that Act (consultation on regulations), for paragraphs (b) and (c) there is substituted-- " (b) the Association of Police Authorities; (c) the Association of Chief Police Officers; and " . 13 In section 39 of that Act (police powers for contracted-out staff), for paragraphs (a) and (b) of subsection (11) there is substituted-- " (a) the Association of Police Authorities; (b) the Association of Chief Police Officers; " . 14 In section 43 of that Act (railway safety accreditation scheme), in subsection (9)-- (a) for paragraph (a) there is substituted-- " (a) the Association of Chief Police Officers; " ; (b) for paragraph (c) there is substituted-- " (c) the Association of Police Authorities; " . 15 In section 45 of that Act (code of practice relating to chief officers' powers under Chapter 1 of Part 4), in subsection (3)-- (a) for paragraph (c) there is substituted-- " (c) the Association of Police Authorities; " ; (b) for paragraph (f) there is substituted-- " (f) the Association of Chief Police Officers; " . 16 In section 51 of that Act (independent custody visitors for places of detention), for paragraphs (a) and (b) of subsection (7) there is substituted-- " (a) the Association of Police Authorities; (b) the Association of Chief Police Officers; and " . 17 In section 96 of that Act (president of ACPO), the words "of England, Wales and Northern Ireland" are omitted. 18 In section 106 of that Act (general interpretation), at the appropriate place there is inserted-- " the Association of Chief Police Officers" means the Association of Chief Police Officers of England, Wales and Northern Ireland; " . Section 9 SCHEDULE 5 Exercise of police powers by civilians1 The Police Reform Act 2002 (c. 30) is amended as follows. 2 (1) Section 38 (police powers for police authority employees) is amended as follows. (2) In subsection (4)(c) (person not to be designated unless adequately trained), after "conferred" there is inserted "or imposed". (3) Before subsection (6) there is inserted-- " (5B) The reference in subsection (4)(c) to the powers and duties to be conferred or imposed on a person by virtue of his designation, so far as it is a reference to the standard powers and duties of a community support officer, is a reference to the powers and duties that at the time of the person's designation are the standard powers and duties of a community support officer. " (4) After subsection (6) there is inserted-- " (6A) Subsection (6) has effect subject to subsections (5A) and (8). " 3 (1) Section 42 (supplementary provisions relating to designations etc) is amended as follows. (2) Before subsection (1) there is inserted-- " (A1) A person who exercises or performs any power or duty in relation to any person in reliance on his designation under section 38 as a community support officer, or who purports to do so, shall produce to that person evidence of his designation, if requested to do so. (B1) A person who exercises or performs any non-standard power or non-standard duty in relation to any person in reliance on his designation under section 38 as a community support officer, or who purports to do so, shall produce to that person evidence that the power or duty has been conferred or imposed on him, if requested to do so. (C1) For the purposes of subsection (B1), a power or duty is "non-standard" if it is not one of the standard powers and duties of a community support officer. " (3) After subsection (1) there is inserted-- " (1A) Subsection (1) does not apply to a person who exercises or performs any power or duty in reliance on his designation under section 38 as a community support officer, or who purports to do so. " 4 In section 105 (orders and regulations), in subsection (3)(b), after "section 19(3)" there is inserted ", 38A(4)". 5 (1) Schedule 4 (powers exercisable by police civilians) is amended as follows. (2) In paragraph 1(3) (community support officers: power to issue fixed penalty notices: definition of "relevant fixed penalty offence")-- (a) in paragraph (a), for "1(2)(a) to (d)" there is substituted "(2)(a) to (e)"; (b) in paragraph (b), for "that person's designation as an offence he" there is substituted "a designation by which this paragraph is applied to the designated person as an offence which the designated person". (3) In paragraph 1A(2) (community support officers: power to require name and address: confining the power), for "Such a designation may specify that, in relation to that person, the application of sub-paragraph (3)" there is substituted "A designation by which this paragraph is applied to a person may specify that the application of sub-paragraph (3) by that designation to that person". (4) In paragraph 2(3A)(b) (community support officers: powers under byelaws to remove persons from places), for "under paragraph 1A" there is substituted "applying paragraph 1A to the CSO,". (5) In paragraph 2(4) (person required to wait with community support officer may be given choice to go to police station), for "this Part of this Schedule applies" there is substituted "this paragraph is applied". (6) In paragraph 2(6) (meaning of "relevant offence"), in the words after paragraph (b), after "may provide that" there is inserted ", for the purposes of this paragraph as applied to that person by that designation,". (7) In paragraph 2(8) (application of paragraph 2 by other provisions effective only where paragraph 2 is itself applied to community support officer)-- (a) for "or 7A(8)" there is substituted ", 7A(8) or 7C(2)"; (b) "under this paragraph" is omitted. (8) In paragraph 4 (power to use reasonable force to detain or control person required to wait with community support officer)-- (a) in sub-paragraph (1), for "This paragraph applies" there is substituted "Sub-paragraph (3) applies"; (b) in sub-paragraph (1)(b), for "sets out the matters" there is substituted "sets out matters"; (c) in sub-paragraph (2), for "as the matters" there is substituted "as matters". (9) In paragraph 7B(2)(a) (community support officer's power to seize controlled drugs found in person's possession), for the words from "(whether" to the end there is substituted "(whether or not the CSO finds it in the course of searching the person by virtue of any paragraph of this Part of this Schedule being applied to the CSO by a designation); and". (10) In paragraphs 34(2) and 35(4) (escort officer's powers to carry out non-intimate searches of persons), for "designation under" there is substituted "application of". (11) In paragraph 35A (staff custody officer to have powers of a custody officer), in each of sub-paragraphs (3) and (4), for "under" there is substituted "applying". (12) In paragraph 36(1)(a) (meaning of "the relevant police area"), for "designation" there is substituted "person designated". (13) In paragraph 36, for sub-paragraphs (2) and (3) there is substituted-- " (2) In Part 1 of this Schedule "a designation" means-- (a) a designation under section 38, or (b) an order under section 38A(1) (and, accordingly, the power to make such an order-- (i) is extended by paragraphs 1(3)(b), 1A(2) and (7), 2(6) and 4(1)(b), but (ii) is subject to paragraphs 2(2), 4(2) and 11B(5)). (2A) In Parts 2 and 4A of this Schedule "a designation" means a designation under section 38. (3) In Parts 3 and 4 of this Schedule "a designation" means a designation under section 38 or 39. " 6 (1) Paragraph 1 of Schedule 5 (power of accredited persons to issue fixed penalty notices) is amended as follows. (2) In sub-paragraph (2) (powers conferred on a person when paragraph 1 is applied to him), in the words before paragraph (a) (which refer to a relevant offence), after "relevant" there is inserted "fixed penalty". (3) In sub-paragraph (3)(a) (meaning of "relevant fixed penalty offence" in paragraph 1), for "(c)" there is substituted "(d)". Section 10 SCHEDULE 6 Police bailPart 1 Introductory1 The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows. Part 2 Police bail granted elsewhere than at police stationPower to impose conditions on granting bail2 In section 30A (bail elsewhere than at police station), for subsection (4) (no condition of bail may be imposed other than requirement to attend police station) there is substituted-- " (3A) Where a constable releases a person on bail under subsection (1)-- (a) no recognizance for the person's surrender to custody shall be taken from the person, (b) no security for the person's surrender to custody shall be taken from the person or from anyone else on the person's behalf, (c) the person shall not be required to provide a surety or sureties for his surrender to custody, and (d) no requirement to reside in a bail hostel may be imposed as a condition of bail. (3B) Subject to subsection (3A), where a constable releases a person on bail under subsection (1) the constable may impose, as conditions of the bail, such requirements as appear to the constable to be necessary-- (a) to secure that the person surrenders to custody, (b) to secure that the person does not commit an offence while on bail, (c) to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person, or (d) for the person's own protection or, if the person is under the age of 17, for the person's own welfare or in the person's own interests. (4) Where a person is released on bail under subsection (1), a requirement may be imposed on the person as a condition of bail only under the preceding provisions of this section. " Contents of notice given to person released on bail3 In section 30B (bail under section 30A: notices), after subsection (4) there is inserted-- " (4A) If the person is granted bail subject to conditions under section 30A(3B), the notice also-- (a) must specify the requirements imposed by those conditions, (b) must explain the opportunities under sections 30CA(1) and 30CB(1) for variation of those conditions, and (c) if it does not specify the police station at which the person is required to attend, must specify a police station at which the person may make a request under section 30CA(1)(b). " Variation of bail conditions4 After section 30C there is inserted-- " 30CA Bail under section 30A: variation of conditions by police(1) Where a person released on bail under section 30A(1) is on bail subject to conditions-- (a) a relevant officer at the police station at which the person is required to attend, or (b) where no notice under section 30B specifying that police station has been given to the person, a relevant officer at the police station specified under section 30B(4A)(c), may, at the request of the person but subject to subsection (2), vary the conditions. (2) On any subsequent request made in respect of the same grant of bail, subsection (1) confers power to vary the conditions of the bail only if the request is based on information that, in the case of the previous request or each previous request, was not available to the relevant officer considering that previous request when he was considering it. (3) Where conditions of bail granted to a person under section 30A(1) are varied under subsection (1)-- (a) paragraphs (a) to (d) of section 30A(3A) apply, (b) requirements imposed by the conditions as so varied must be requirements that appear to the relevant officer varying the conditions to be necessary for any of the purposes mentioned in paragraphs (a) to (d) of section 30A(3B), and (c) the relevant officer who varies the conditions must give the person notice in writing of the variation. (4) Power under subsection (1) to vary conditions is, subject to subsection (3)(a) and (b), power-- (a) to vary or rescind any of the conditions, and (b) to impose further conditions. (5) In this section "relevant officer", in relation to a designated police station, means a custody officer but, in relation to any other police station-- (a) means a constable, or a person designated as a staff custody officer under section 38 of the Police Reform Act 2002, who is not involved in the investigation of the offence for which the person making the request under subsection (1) was under arrest when granted bail under section 30A(1), if such a constable or officer is readily available, and (b) if no such constable or officer is readily available-- (i) means a constable other than the one who granted bail to the person, if such a constable is readily available, and (ii) if no such constable is readily available, means the constable who granted bail. 30CB Bail under section 30A: variation of conditions by court(1) Where a person released on bail under section 30A(1) is on bail subject to conditions, a magistrates' court may, on an application by or on behalf of the person, vary the conditions if-- (a) the conditions have been varied under section 30CA(1) since being imposed under section 30A(3B), (b) a request for variation under section 30CA(1) of the conditions has been made and refused, or (c) a request for variation under section 30CA(1) of the conditions has been made and the period of 48 hours beginning with the day when the request was made has expired without the request having been withdrawn or the conditions having been varied in response to the request. (2) In proceedings on an application for a variation under subsection (1), a ground may not be relied upon unless-- (a) in a case falling within subsection (1)(a), the ground was relied upon in the request in response to which the conditions were varied under section 30CA(1), or (b) in a case falling within paragraph (b) or (c) of subsection (1), the ground was relied upon in the request mentioned in that paragraph, but this does not prevent the court, when deciding the application, from considering different grounds arising out of a change in circumstances that has occurred since the making of the application. (3) Where conditions of bail granted to a person under section 30A(1) are varied under subsection (1)-- (a) paragraphs (a) to (d) of section 30A(3A) apply, Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 -- Back --
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