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Police and Justice Act 2006 (c. 48)(The document as of February, 2008) Page 16 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) Subsection (7) is omitted. (4) For subsection (8) there is substituted-- " (8) An act done in relation to a computer is unauthorised if the person doing the act (or causing it to be done)-- (a) is not himself a person who has responsibility for the computer and is entitled to determine whether the act may be done; and (b) does not have consent to the act from any such person. In this subsection "act" includes a series of acts. " Police Act 1996 (c. 16)30 In section 91 of the Police Act 1996 (offence of causing disaffection amongst members of police forces etc), after subsection (2) there is inserted-- " (3) Liability under subsection (1) for any behaviour is in addition to any civil liability for that behaviour. " Employment Rights Act 1996 (c. 18)31 In section 50 of the Employment Rights Act 1996 (right to time off for public duties), for paragraph (c) of subsection (2) there is substituted-- " (c) a police authority established under section 3 of the Police Act 1996 or the Metropolitan Police Authority, " . Housing Act 1996 (c. 52)32 In subsection (1)(b) of-- (a) section 153C of the Housing Act 1996 (injunctions: exclusion order and power of arrest), and (b) section 154 of that Act (powers of arrest: ex parte applications for injunctions), for "section 153A(4)" there is substituted "any of paragraphs (a) to (d) of section 153A(3)". 33 In section 218A of that Act (anti-social behaviour: landlords' policies and procedures), for subsection (8) there is substituted-- " (8) Anti-social behaviour is-- (a) any housing-related anti-social conduct, or (b) any conduct to which section 153B applies. (8A) Housing-related anti-social conduct has the same meaning as in section 153A. " Police Act 1997 (c. 50)34 In section 94 of the Police Act 1997 (authorisations given in absence of authorising officer), for paragraph (a) of subsection (4) (meaning of "designated deputy") there is substituted-- " (a) in the case of an authorising officer within paragraph (a) of section 93(5), means-- (i) the person who is the appropriate deputy chief constable for the purposes of section 12A(1) of the Police Act 1996, or (ii) the person holding the rank of assistant chief constable designated to act under section 12A(2) of that Act; " . Audit Commission Act 1998 (c. 18)35 (1) Section 37 of the Audit Commission Act 1998 is amended as follows. (2) In the heading, for "CHAI and CSCI" there is substituted "other bodies and persons". (3) After subsection (1) there is inserted-- " (1A) The Audit Commission may provide assistance to-- (a) Her Majesty's Chief Inspector of Prisons, (b) Her Majesty's Inspectors of Constabulary, (c) Her Majesty's Chief Inspector of the Crown Prosecution Service, (d) Her Majesty's Inspectorate of the National Probation Service for England and Wales, and (e) Her Majesty's Inspectorate of Court Administration, in the discharge of any of their functions. " (4) For subsection (2) there is substituted-- " (2) Assistance under subsection (1) or (1A) may be provided on such terms, including terms as to payment, as the Audit Commission and the body or person in question may agree. " Crime and Disorder Act 1998 (c. 37)36 In section 38(4) of the Crime and Disorder Act 1998 (meaning of "youth justice services"), in paragraph (ee), for "sections 25 to 27" there is substituted "sections 25, 26 and 27". Youth Justice and Criminal Evidence Act 1999 (c. 23)37 (1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows. (2) In the cross-heading before section 47 (restrictions on reporting directions under Chapter 1 or 2 of Part 2) and in the heading to that section, for "Chapter I or II" there is substituted "Chapter 1, 1A or 2". (3) In section 47, in subsection (2)(a), after "section 19", in the first place it occurs, there is inserted ", 33A". Local Government Act 2000 (c. 22)38 (1) Section 21 of the Local Government Act 2000 (overview and scrutiny committees) is amended as follows. (2) At the end of subsection (4) there is inserted "or section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters)". (3) In subsection (10), after "Schedule 1" there is inserted "and to section 20(6) of the Police and Justice Act 2006". Regulation of Investigatory Powers Act 2000 (c. 23)39 In section 34 of the Regulation of Investigatory Powers Act 2000 (grant of authorisations in senior officer's absence), for paragraph (a) of subsection (6) (meaning of "designated deputy") there is substituted-- " (a) in relation to the chief constable for a police force in England and Wales, means-- (i) the person who is the appropriate deputy chief constable for the purposes of section 12A(1) of the Police Act 1996, or (ii) a person holding the rank of assistant chief constable who is designated to act under section 12A(2) of that Act; (aa) in relation to the chief constable for a police force in Scotland, means-- (i) a person holding the rank of deputy chief constable and, where there is more than one person in the police force who holds that rank, who is designated as the officer having the powers and duties conferred on a deputy chief constable by section 5A(1) of the Police (Scotland) Act 1967, or (ii) a person holding the rank of assistant chief constable who is designated to act under section 5A(2) of that Act; " . Police Reform Act 2002 (c. 30)40 In section 9 of the Police Reform Act 2002 (the Independent Police Complaints Commission), in subsection (3)(d), after "section 41" there is inserted "or 41A". 41 In section 40 of that Act (community safety accreditation schemes), subsection (7) is omitted. 42 In section 41 of that Act (accreditation under community safety accreditation schemes), after subsection (4) there is inserted-- " (4A) A chief officer of police may not grant accreditation under this section to a weights and measures inspector. " 43 (1) Section 42 of that Act (supplementary provisions relating to designations and accreditations) is amended as follows. (2) In subsection (1), after "section 41" there is inserted "or 41A". (3) In subsection (3)-- (a) after "or 41" there is inserted "or an accreditation to any weights and measures inspector under section 41A"; (b) after "accredited person" there is inserted "or the accredited inspector". (4) After subsection (6) there is inserted-- " (6A) Where the accreditation of a weights and measures inspector under section 41A is modified or withdrawn, the chief officer giving notice of the modification or withdrawal shall send a copy of the notice to the local weights and measures authority by which the inspector was appointed. " (5) After subsection (10) there is inserted-- " (11) For the purposes of determining liability for the unlawful conduct of weights and measures inspectors, conduct by such an inspector in reliance or purported reliance on an accreditation under section 41A shall be taken to be conduct in the course of his duties as a weights and measures inspector; and, in the case of a tort, the local weights and measures authority by which he was appointed shall fall to be treated as a joint tortfeasor accordingly. " 44 (1) Section 46 of that Act (offences against designated and accredited persons etc) is amended as follows. (2) In subsections (1) and (2)-- (a) before the "or" following paragraph (b) there is inserted-- " (ba) an accredited inspector in the execution of his duty, " ; (b) in paragraph (c), after "accredited person" there is inserted "or an accredited inspector". (3) In subsection (3)-- (a) in paragraph (a), for "or an accredited person" there is substituted ", an accredited person or an accredited inspector"; (b) in paragraph (b), for "or that he is an accredited person" there is substituted ", that he is an accredited person or that he is an accredited inspector"; (c) in paragraph (c), after "accredited person" there is inserted "or as an accredited inspector". (4) In subsection (4), for "or accredited person" there is substituted ", accredited person or accredited inspector". 45 In section 47 of that Act (interpretation of Chapter 1), in subsection (1) the following definitions are inserted at the appropriate places-- " "accredited inspector" means a weights and measures inspector in relation to whom an accreditation under section 41A is for the time being in force; " ; " "weights and measures inspector" means an inspector of weights and measures appointed under section 72(1) of the Weights and Measures Act 1985. " 46 In section 105 of that Act (powers of Secretary of State to make orders and regulations), in subsection (3)(b), before "or 99(6)" there is inserted "or 41B". Railways and Transport Safety Act 2003 (c. 20)47 In section 19 of the Railways and Transport Safety Act 2003 (exercise of functions by British Transport Police Authority)-- (a) at the end of paragraph (d) there is inserted "and"; (b) paragraph (f) is omitted. 48 In section 28(1) of that Act (police powers for British Transport Police Authority employees), after paragraph (a) there is inserted-- " (aa) section 38A (standard powers and duties of community support officers), " . 49 In section 50 of that Act (policing objectives set by British Transport Police Authority), for paragraphs (c) and (d) of subsection (3) there is substituted " and (c) have regard to any strategic priorities determined for that year by the Secretary of State under section 37A of the Police Act 1996 (strategic priorities for police authorities). " 50 In section 52 of that Act (railways policing plan), for subsection (7) there is substituted-- " (7) In preparing a plan the Chief Constable and the Authority shall have regard to any guidance given by the Secretary of State about railways policing plans. (7A) Before issuing or revising any guidance under subsection (7) the Secretary of State shall consult-- (a) the Authority, (b) the Chief Constable, and (c) such other persons as the Secretary of State thinks fit. " 51 (1) Section 55 of that Act (three-year strategy plan) is amended as follows. (2) In subsection (1), after "a plan" there is inserted "("a three-year strategy plan")". (3) For subsections (2) and (3) there is substituted-- " (2) Before a three-year strategy plan for any period is issued by the Authority, a draft of a plan setting out medium-term and long-term strategies for policing the railways during that period must have been prepared by the Chief Constable and submitted by him to the Authority for its consideration. (3) In preparing the draft plan, the Chief Constable shall have regard to opinions expressed in accordance with section 62. (4) The Authority may modify a three-year strategy plan which it has issued for a particular period at any time during that period. (5) The Secretary of State may-- (a) issue guidance to the Authority and to the Chief Constable as to-- (i) the matters to be contained in any three-year strategy plan, and (ii) the form to be taken by any such plan, and (b) revise and modify that guidance from time to time. (6) Before issuing or revising any guidance under subsection (5) the Secretary of State shall consult-- (a) the Authority, (b) the Chief Constable, and (c) such other persons as the Secretary of State thinks fit. (7) When issuing, preparing or modifying a three-year strategy plan or a draft of such a plan, the Authority or (as the case may be) the Chief Constable shall have regard to-- (a) any guidance issued by the Secretary of State under subsection (5), (b) any objectives set by the Secretary of State under section 51 for a financial year falling within the period to which the plan relates, (c) any performance targets set by the Authority under section 53 relating to such objectives, and (d) any strategic priorities determined by the Secretary of State under section 37A of the Police Act 1996 (strategic priorities for police authorities) and applicable during all or part of the period to which the plan relates. (8) Where the Authority is proposing to issue or modify any plan under this section, it shall submit that plan, or the modifications, to the Secretary of State. (9) Where the Authority issues a three-year strategy plan or modifies such a plan, it shall-- (a) send a copy of the plan or the modified plan to the Secretary of State, and (b) cause the plan or modified plan to be published. The copy of any modified plan sent to the Secretary of State and the publication of any modified plan must show the modifications, or be accompanied by or published with a document which sets them out or describes them. (10) If the Secretary of State considers that there are grounds for thinking that-- (a) a three-year strategy plan, or (b) any proposals by the Authority for such a plan, or for the modification of such a plan, may not be consistent with any of the objectives, targets or priorities mentioned in subsection (7), he shall, before informing the Authority of his conclusions on whether or not the plan or the proposals are in fact so inconsistent, consult the Authority and the Chief Constable. (11) The Authority shall consult the Chief Constable before-- (a) it issues a three-year strategy plan that differs in any material respect from the draft submitted to it by the Chief Constable, or (b) it modifies its three-year strategy plan. (12) The Secretary of State may by regulations make provision for the procedure to be followed on the submission to him of any plan or modifications for the purposes of this section. " 52 (1) In Schedule 4 to that Act (British Transport Police Authority), in paragraph 11(b) (appointment of clerk), for "a clerk" there is substituted "a chief executive". (2) A person holding office as clerk to the British Transport Police Authority on the commencement of this paragraph continues in that office as chief executive of the authority. Anti-social Behaviour Act 2003 (c. 38)53 In the heading to section 25 of the Anti-social Behaviour Act 2003 (parenting contracts in respect of criminal conduct and anti-social behaviour), at the end there is inserted ": youth offending teams". 54 (1) Section 26 of that Act (parenting orders in respect of criminal conduct and anti-social behaviour) is amended as follows. (2) In the heading, at the end there is inserted ": youth offending teams". (3) After subsection (8) there is inserted-- " (9) A person is eligible to be the responsible officer in relation to a parenting order under this section only if he is a member of a youth offending team. " 55 (1) Section 27 of that Act (parenting orders: supplemental) is amended as follows. (2) In subsections (1) and (2), for "section 26" there is substituted "section 26, 26A or 26B". (3) In subsection (1)(a), for "section 25" there is substituted "section 25, 25A or 25B". (4) In subsection (3), for "in relation to a parenting order under section 26 as they apply" there is substituted " in relation to-- (a) a parenting order under section 26, (b) a parenting order under section 26A, or (c) a parenting order under section 26B, as they apply " . (5) After subsection (3) there is inserted-- " (3A) Proceedings for an offence under section 9(7) of the 1998 Act (parenting orders: breach of requirement etc) as applied by subsection (3)(b) above may be brought by-- (a) the local authority for the area where the child or young person resides or appears to reside, or (b) (if different) the local authority for the area where the person alleged to be in breach resides or appears to reside. " (6) For subsection (4) there is substituted-- " (4) In carrying out their functions in relation to parenting orders-- (a) members of youth offending teams, (b) local authorities in England, (c) registered social landlords on the register maintained by the Housing Corporation, and (d) responsible officers in relation to parenting orders made on the application of local authorities in England or of registered social landlords on that register, must have regard to any guidance which is issued by the Secretary of State from time to time for that purpose. (4A) In carrying out their functions in relation to parenting orders-- (a) local authorities in Wales, (b) registered social landlords on the register maintained by the National Assembly for Wales, and (c) responsible officers in relation to parenting orders made on the application of local authorities in Wales or of registered social landlords on that register, must have regard to any guidance which is issued by the National Assembly for Wales from time to time for that purpose. " 56 (1) Section 28 of that Act (parenting orders: appeals) is amended as follows. (2) In subsection (1), for "under section 26" there is substituted "by a magistrates' court under section 26, 26A or 26B". (3) After that subsection there is inserted-- " (1A) An appeal lies to the High Court against the making of a parenting order by a county court under section 26A or 26B. " (4) In subsection (2), for "subsection (1)(b)" there is substituted "subsection (1)". 57 In section 29(1) of that Act (interpretation of sections 25 to 29), in the definition of "responsible officer", for the words after "means" there is substituted "the person who is specified as such in the order,". Criminal Justice Act 2003 (c. 44)58 In section 25 of the Criminal Justice Act 2003 (code of practice in relation to conditional cautions), at the end of subsection (2) there is inserted-- " (i) the exercise of the power of arrest conferred by section 24A(1), and (j) who is to decide how a person should be dealt with under section 24A(2). " Energy Act 2004 (c. 20)59 In paragraph 1 of Schedule 12 to the Energy Act 2004 (determination of annual objectives for Civil Nuclear Constabulary), for sub-paragraph (3) there is substituted-- " (3) In determining the objectives, the Police Authority must have regard to any strategic priorities determined for that year by the Secretary of State under section 37A of the Police Act 1996 (strategic priorities for police authorities). " Public Audit (Wales) Act 2004 (c. 23)60 After section 67 of the Public Audit (Wales) Act 2004 there is inserted-- " 67A Assistance by Auditor General to inspectorates(1) The Auditor General for Wales may provide assistance to-- (a) Her Majesty's Chief Inspector of Prisons, (b) Her Majesty's Inspectors of Constabulary, (c) Her Majesty's Chief Inspector of the Crown Prosecution Service, (d) Her Majesty's Inspectorate of the National Probation Service for England and Wales, and (e) Her Majesty's Inspectorate of Court Administration, in the discharge of any of their functions. (2) Assistance under subsection (1) may be provided on such terms, including terms as to payment, as the Auditor General for Wales and the body or person in question may agree. " Constitutional Reform Act 2005 (c. 4)61 In section 8(4) of the Constitutional Reform Act 2005 (appointment of Head and Deputy Head of Criminal Justice), in paragraph (b) (person appointed must be ordinary judge of Court of Appeal), for "an ordinary judge" there is substituted "a judge". Serious Organised Crime and Police Act 2005 (c. 15)62 After section 75 of the Serious Organised Crime and Police Act 2005 (proceedings under section 74: exclusion of public) there is inserted-- " 75A Proceedings under section 74: use of live linkSection 57E of the Crime and Disorder Act 1998 (use of live link in sentencing hearings) applies to hearings in proceedings relating to a reference under section 74(3) as it applies to sentencing hearings. " Section 52 SCHEDULE 15 Repeals and revocationsPart 1 Police reform(A) National Policing Improvement Agency
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