Contents

• Part I The National Criminal Intelligence Service
• Part II The National Crime Squad
• Part III Authorisation of Action in Respect of Property
• Part IV Police Information Technology Organisation
• Part V Certificates of Criminal Records, &c.
• Part VI Miscellaneous
• Part VII General
• Schedule 1 Appointment of Members of the Service Authorities
• Schedule 2 Other Provisions about Members of Service Authorities
• Schedule 2A Further provisions about Service Authorities
• Schedule 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Schedule 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Schedule 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• Schedule 6 Application to NCS Service Authority of Local Government Enactments
• Schedule 7
• Schedule 8 The Police Information Technology Organisation
• Schedule 8A Offences which must be disclosed unless a sheriff orders otherwise
• Schedule 8B Offences which are to be disclosed subject to rules
• Schedule 9 Minor and Consequential Amendments
• Schedule 10 Repeals

Part I · The National Criminal Intelligence Service

Functions

2General functions of the NCIS Service Authority and NCIS.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

3Objectives.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

4Service plans.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

5Annual reports.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

General

45Orders and regulations.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

46Interpretation of Part I.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Miscellaneous

41Arrangements for consultation.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

42Liability for wrongful acts of constables etc.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

43Causing disaffection.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

44Orders governing NCIS Service Authority.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Central supervision and direction

25General duty of the Secretary of State and the Scottish Ministers#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

26Setting of objectives.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

27Setting of performance targets.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

28Codes of practice.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

28ACodes of practice for Director General of NCIS#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

29Removal of Director General etc.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

30Power to give directions to NCIS Service Authority#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

31Reports from NCIS Service Authority.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

31APower to give directions as to action plans#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

31BProcedure for giving directions by the Secretary of State#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

31CProcedure for giving directions by the Scottish Ministers#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

32Reports from Director General.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

33Criminal statistics.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

34Inquiries.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

34ARegulations for NCIS#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

35Regulations as to standard of equipment.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

36Common services.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Director General and other members

6Appointment of Director General.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

7Removal of Director General by the Authority.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

8Deputy Director General.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

9Members of NCIS.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

9ARemoval of certain members appointed under section 9#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Discipline and complaints

37Discipline regulations.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

38Appeals.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

39Complaints.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

40Information as to the manner of dealing with complaints etc.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Financial provisions

16NCIS service fund.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

16ABudget statement#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

17Grants from the Secretary of State#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

17AProvision supplemental to section 17#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

(repealed)

18AFinancing by the Scottish Ministers#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

19Charges.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

20Acceptance of gifts and loans.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

21Pensions and gratuities.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

21AAccounts#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Functions of Director General

10General function of Director General.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

11Reports by Director General to the Authority.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

12Responsibility for co-ordination of police and Security Service activities.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

General provisions

22Collaboration agreements.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

23Aid by and for NCIS.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

24Provision of special services.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Service Authority’s officers and employees

13Officers and employees.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

14Appointment of clerk.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

15Appointment of persons not employed by the NCIS Service Authority.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

The Service Authority

1The Service Authority for the National Criminal Intelligence Service.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part II · The National Crime Squad

Functions

48General functions of the NCS Service Authority and the National Crime Squad.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

49Objectives.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

50Service plans.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

51Annual reports.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

General

89Orders and regulations.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

90Interpretation of Part II.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

85Arrangements for consultation.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

86Liability for wrongful acts of constables etc.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

87Causing disaffection.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

88Application to NCS Service Authority of local authority enactments.#

Schedule 6 (which amends local authority enactments applying to police authorities so as to apply those enactments in a similar way to the NCS Service Authority) shall have effect.

Central supervision and direction

70General duty of Secretary of State.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

71Setting of objectives.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

72Setting of performance targets.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

73Codes of practice.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

73ACodes of practice for Director General of NCS#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

74Removal of Director General etc.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

75Power to give directions to NCS Service Authority#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

76Reports from NCS Service Authority.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

76APower to give directions as to action plans#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

76BProcedure for giving directions under sections 75 and 76A#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

77Reports from Director General.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

78Criminal statistics.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

79Inquiries.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

79ARegulations for NCS#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

80Regulations as to standard of equipment.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

80ARegulation of procedures and practices#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Director General and other members

52Appointment of Director General.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

53Removal of Director General by the Authority.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

54Deputy Director General.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

55Members of the National Crime Squad.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

55ARemoval of certain members appointed under section 55#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Discipline and complaints

81Discipline regulations.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

82Appeals.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

83Complaints.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

84Information as to the manner of dealing with complaints etc.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Financial provisions

61NCS service fund.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

61ABudget statement#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

62Grants from the Secretary of State#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

62AProvision supplemental to section 62#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

63Initial financing of NCS Service Authority.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

64Charges.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

65Acceptance of gifts and loans.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

66Pensions and gratuities.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

66AAccounts#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

67Revenue accounts and capital finance.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

68Financial administration.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Functions of Director General

56General function of Director General.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

57Reports by Director General to the Authority.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Service Authority’s officers and employees

58Officers and employees.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

59Appointment of clerk.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

60Appointment of persons not employed by the NCS Service Authority.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Special services

69Provision of special services.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

The Service Authority

47The Service Authority for the National Crime Squad.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part III · Authorisation of Action in Respect of Property

Appeals

104Appeals by authorising officers.#

(1)An authorising officer who gives an authorisation, or in whose absence it is given, may, within the prescribed period, appeal to the Investigatory Powers Commissioner (except where the original decision was made by that Commissioner) against—

(a)any refusal to approve the authorisation or any renewal of it under section 97;

(b)any decision to quash the authorisation, or any renewal of it, under subsection (1) of section 103;

(c)any decision to quash the authorisation, or any renewal of it, under subsection (2) of that section;

(d)any decision to cancel the authorisation under subsection (4) of that section;

(e)any decision to order the destruction of records under subsection (5) of that section;

(f)any refusal to make an order under subsection (6) of that section;

(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In subsection (1), “the prescribed period” means the period of seven days beginning with the day on which the refusal, decision or, as the case may be, determination appealed against is reported to the authorising officer.

(3)In determining an appeal within subsection (1)(a), the Investigatory Powers Commissioner shall, if he is satisfied that there are reasonable grounds for believing the matters specified in section 93(2), allow the appeal and direct the Judicial Commissioner concerned to approve the authorisation or renewal under that section.

(4)In determining—

(a)an appeal within subsection (1)(b), ^note. . .

(b)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Investigatory Powers Commissioner shall allow the appeal unless he is satisfied that, at the time the authorisation was given or, as the case may be, renewed there were no reasonable grounds for believing the matters specified in section 93(2).

(5)In determining—

(a)an appeal within subsection (1)(c), ^note. . .

(b)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Investigatory Powers Commissioner shall allow the appeal unless he is satisfied as mentioned in section 103(2).

(6)In determining—

(a)an appeal within subsection (1)(d) or (e), ^note. . .

(b)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Investigatory Powers Commissioner shall allow the appeal unless he is satisfied that at the time to which the decision relates there were no reasonable grounds for believing the matters specified in section 93(2).

(7)In determining an appeal within subsection (1)(f), the Investigatory Powers Commissioner shall allow the appeal and order that the authorisation shall be effective to the extent mentioned in section 103(6), for such period as he shall specify, if he is satisfied that there are reasonable grounds for making such an order.

(8)Where an appeal is allowed under this section, the Investigatory Powers Commissioner shall—

(a)in the case of an appeal within subsection (1)(b) or (c), also quash any order made by the Judicial Commissioner concerned to destroy records relating to information obtained by virtue of the authorisation concerned, ^note. . .

(b)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

105Appeals by authorising officers: supplementary.#

(1)Where the Investigatory Powers Commissioner determines an appeal under section 104—

(a)he shall give notice of his determination—

(i)to the authorising officer concerned, and

(ii)to the Judicial Commissioner against whose refusal, decision or determination the appeal was made, ^note. . .

(iii)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)if he dismisses the appeal, he shall make a report of his findings—

(i)to the authorising officer concerned,

(ii)to the Judicial Commissioner against whose refusal, decision or determination the appeal was made, and

(iii)^note... to the Prime Minister and the Scottish Ministers.

(2)Subject to subsection (1)(b), the Investigatory Powers Commissioner shall not give any reasons for a determination under section 104.

(3)Nothing in section 104 shall prevent a designated deputy from exercising the powers conferred by subsection (1) of that section on an authorising officer within paragraph (a) or (c) of section 93(5).

106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

Authorisations

92Effect of authorisation under Part III.#

No entry on or interference with property or with wireless telegraphy shall be unlawful if it is authorised by an authorisation having effect under this Part.

93Authorisations to interfere with property etc.#

(1)Where subsection (2) applies, an authorising officer may authorise—

(a)the taking of such action, in respect of such property in the relevant area, as he may specify,

(ab)the taking of such action falling within subsection (1A), in respect of property outside the relevant area, as he may specify, or

(b)the taking of such action in the relevant area as he may specify, in respect of wireless telegraphy.

(1A)The action falling within this subsection is action for maintaining or retrieving any equipment, apparatus or device the placing or use of which in the relevant area has been authorised under this Part or the Investigatory Powers Act 2016 or Part II of the Regulation of Investigatory Powers Act 2000 or under any enactment contained in or made under an Act of the Scottish Parliament which makes provision equivalent to that made by Part II of that Act of 2000.

(1B)Subsection (1) applies where the authorising officer is a National Crime Agency officergiving an authorisation on an application made by virtue of subsection (3)(b)(i), an officer of Revenue and Customs, an immigration officeror the chair of the Competition and Markets Authority with the omission of—

(a)the words “in the relevant area”, in each place where they occur; and

(b)paragraph (ab).

(2)This subsection applies where the authorising officer believes—

(a)that it is necessary for the action specified to be taken for the purpose of preventing or detecting—

(i)serious crime, or

(ii)the use of an unmanned aircraft in the commission of a relevant offence, and

(b)that the taking of the action is proportionate to what the action seeks to achieve.

(2A)Subsection (2) applies where the authorising officer is the Chief Constable or the Deputy Chief Constable of the Police Service of Northern Ireland as if the reference in subsection (2)(a) to preventing or detecting serious crime included a reference to the interests of national security.

(2AA)Where the authorising officer is the chair of the Competition and Markets Authority, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting an offence under section 188 of the Enterprise Act 2002.

(2AB)Where the authorising officer is the Chief Constable of the Civil Nuclear Constabulary, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.

(2AC)In the case of an England and Wales prison authorisation, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.

(2AD)In the case of a Northern Ireland prison authorisation, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.

(2AE)In the case of a Scottish penal institution authorisation, the only purpose falling within subsection (2)(a) is the purpose of preventing or detecting the use of an unmanned aircraft in the commission of a relevant offence.

(2B)The matters to be taken into account in considering whether the requirements of subsection (2) are satisfied in the case of any authorisation shall include whether what it is thought necessary to achieve by the authorised action could reasonably be achieved by other means.

(3)An authorising officer shall not give an authorisation under this section except on an application made—

(a)if the authorising officer is within subsection(5)(e),(ea) or (ee), by a member of his police force,

(aa)if the authorising officer is within subsection (5)(eb) to (ed), by a member, as the case may be, of the Royal Navy Police, the Royal Military Police or the Royal Air Force Police;

(aaa)if the authorising officer is within subsection (5)(eda), by a member of the tri-service serious crime unit;

(aab)if the authorising officer is within subsection (5)(edb), by the investigating officer designated to take charge of the investigation under regulation 36(2)(a) of the Service Police (Complaints etc.) Regulations 2023 or a person designated under paragraph (2)(b) of that regulation to assist the person designated under sub-paragraph (a);

(ab)if the authorising officer is within subsection (5)(ef), by a member of the Civil Nuclear Constabulary;

(b)if the authorising officer is within subsection (5)(f)—

(i)by a National Crime Agency officer, or

(ii)in a case where the Director General of the National Crime Agency has made an agreement under section 22A of the Police Act 1996 with the chief officer of police of one or more police forces, by a member of a collaborative force;

(d)if the authorising officer is within subsection (5)(h), by an officer of Revenue and Customs, ^note...

(da)if the authorising officer is within subsection (5)(ha), by an immigration officer;

(db)in the case of an England and Wales prison authorisation, by—

(i)a prison officer,

(ii)an officer of a young offender institution,

(iii)an officer of a secure training centre, or

(iv)an officer of a secure college,

whose duties as such an officer are exercisable in relation to the relevant England and Wales institution (and, where that institution is a contracted out institution, such an officer who is temporarily attached to that institution is to be taken to have duties exercisable in relation to it);

(dc)in the case of a Northern Ireland prison authorisation, by—

(i)a prison officer, or

(ii)a member of custodial staff for a juvenile justice centre,

whose duties as such an officer or member of staff are exercisable in relation to the relevant Northern Ireland institution;

(dd)in the case of a Scottish penal institution authorisation, by a Scottish prison officer whose duties as such an officer are exercisable in relation to the relevant Scottish penal institution (and, where that institution is a contracted out Scottish penal institution, a Scottish prison officer who is temporarily attached to that institution is to be taken to have duties exercisable in relation to it);

(e)if the authorising officer is within subsection (5)(i), by an officer of the Competition and Markets Authority.

(ea)if the authorising officer is within subsection (5)(ia), by a staff officer of the Police Investigations and Review Commissioner.

(za)if the authorising officer is within subsection (5)(a) to (c)—

(i)by a member of the officer's police force; ^note...

(ii)in a case where the chief officer of police of that force (“the authorising force”) has made an agreement under section 22A of the Police Act 1996 with the chief officer of police of one or more other police forces, by a member of a collaborative force; or

(iii)in a case where the chief officer of police of the authorising force has made an agreement under that section with the Director General of the National Crime Agency, by a National Crime Agency officer (but see subsection (3AA));

(zb)if the authorising officer is within subsection (5)(d), by a constable of the Police Service of Scotland;

(3A)For the purposes of subsection (3)(za)(ii)—

(a)a police force is a collaborative force if—

(i)its chief officer of police is a party to the agreement mentioned in that provision; and

(ii)its members are permitted by the terms of the agreement to make applications for authorisations under this section to the authorising officer of the authorising force; and

(b)a reference to a police force is to the following—

(i)any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

(ii)the metropolitan police force; and

(iii)the City of London police force.

(3AA)A National Crime Agency officer may make an application by virtue of subsection (3)(za)(iii) only if permitted by the terms of the agreement mentioned in that provision to make applications for authorisations under this section to the authorising officer of the authorising force.

(3AB)For the purposes of subsection (3)(b), a police force?is a collaborative force if—

(a)its chief officer of police is a party to the agreement mentioned in that provision, and

(b)its members are permitted by the terms of the agreement to make applications for authorisations under this section to the authorising officer mentioned in that provision.

(3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^note

(3E). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3ZA)An authorisation under this section may be given by the authorising officer within subsection (5)(ia) only where it relates to the taking of action in pursuance of paragraph (b)(i) of section 33A of the Police, Public Order and Criminal Justice (Scotland) Act 2006.

(3ZB)An authorisation under this section may be given by the authorising officer within subsection (5)(edb) only where it relates to the carrying out of the functions of the Service Police Complaints Commissioner.

(4)For the purposes of subsection (2), conduct which constitutes one or more offences shall be regarded as serious crime if, and only if,—

(a)it involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose, or

(b)the offence or one of the offences is an offence for which a person who has attained the age of twenty-one and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of three years or more,

and, where the authorising officer is within subsection (5)(h), the conduct relates to an assigned matter within the meaning of section 1(1) of the ^noteCustoms and Excise Management Act 1979 or, where the authorising officer is within subsection (5)(ha), any of the offences is an immigration or nationality offence.

(4A)For the purposes of subsection (2), “relevant offence” means—

(a)an offence under any of these provisions of the Prison Act 1952—

(i)section 39 (assisting a prisoner to escape);

(ii)section 40B (conveyance etc of List A articles into or out of prison);

(iii)section 40C (conveyance etc of List B or C articles into or out of prison);

(iv)section 40CB (throwing articles into prison);

(b)an offence under any of these provisions of the Prison Act (Northern Ireland) 1953—

(i)section 29(1) (assisting escape from lawful custody);

(ii)section 33 (facilitating escape by conveying things into prison);

(iii)section 34A (conveyance etc of List A articles into or out of prison);

(iv)section 34B (conveyance etc of List B or C articles into or out of prison);

(c)an offence at common law in Scotland committed by assisting a prisoner in a penal institution in Scotland in escaping or attempting to escape from the institution;

(d)an offence at common law in Scotland committed by, intending to facilitate the escape of a prisoner from a penal institution in Scotland, doing any of the following things—

(i)bringing, throwing or otherwise conveying anything into the institution;

(ii)causing another person to bring, throw or otherwise convey anything into the institution;

(iii)giving anything to a prisoner or leaving anything in any place (whether inside or outside the institution);

(e)an offence under either of these provisions of the Prisons (Scotland) Act 1989—

(i)section 41 (unlawful introduction of proscribed articles into a prison);

(ii)section 41ZA (provision to and use by prisoners of personal communication devices);

(f)an offence under section 1(2) of the Aviation and Maritime Security Act 1990 (endangering safety at aerodromes);

(g)an offence under any of these provisions of the Air Navigation Order 2016—

(i)article 94A (certain unmanned aircraft: permission for flights over or near aerodromes);

(ii)article 239(4) (prohibited or restricted flying);

(iii)article 240 (endangering safety of an aircraft);

(iv)article 241 (endangering safety of any person or property);

(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ga)an offence under any of these provisions of the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025 (S.I. 2025/1284)—

(i)regulation 2(2) (various requirements under the Unmanned Aircraft Implementing Regulation relating to UAS operators);

(ii)regulation 3(2) (various requirements under the Unmanned Aircraft Implementing Regulation relating to remote pilots);

(h)an offence under regulation 3(3) of the Unmanned Aircraft (Offences and Consequential Amendments) Regulations 2025 committed by the contravention of a relevant requirement set out or referred to in any of the following provisions of those Regulations—

(i)regulation 3(5)(a), (h), (i) or (j);

(ii)regulation 3(6);

(iii)regulation 3(7)(e), but only insofar as that requirement (to comply with authorised limitations and conditions) regulates the operation of an unmanned aircraft during flight;

(iv)regulation 3(7)(f), (g) or (i);

(v)regulation 3(8), but only insofar as that requirement (conditions under which operations in the framework of the model aircraft clubs or associations may be conducted) regulates the operation of an unmanned aircraft during flight.

(i)an offence under any of these provisions of the National Security Act 2023—

(i)section 4 (entering etc a prohibited place for a purpose prejudicial to the UK);

(ii)section 5 (unauthorised entry etc to a prohibited place);

(iii)section 11(4) (failure to comply with an order in relation to a cordoned area).

(4B)The Secretary of State may by regulations made by statutory instrument amend subsection (4A) to add or remove an offence.

(4C)The Secretary of State may not make regulations under subsection (4B) unless a draft of the statutory instrument containing the regulations has been laid before Parliament and approved by a resolution of each House of Parliament.

(5)In this section “authorising officer” means—

(a)the chief constable of a police force maintained under section 2 of the ^notePolice Act 1996 (maintenance of police forces for areas in England and Wales except London);

(b)the Commissioner, or an Assistant Commissioner, of Police of the Metropolis;

(c)the Commissioner of Police for the City of London;

(d)the chief constable of the Police Service of Scotland, or any deputy chief constable or assistant chief constable of the Police Service of Scotland who is designated for the purposes of this paragraph by the chief constable;

(e)the Chief Constable or a Deputy Chief Constable of the Police Service of Northern Ireland;

(ea)the Chief Constable of the Ministry of Defence Police;

(eb)the Provost Marshal of the Royal Navy Police;

(ec)the Provost Marshal of the Royal Military Police;

(ed)the Provost Marshal of the Royal Air Force Police;

(eda)the Provost Marshal for serious crime;

(edb)the Service Police Complaints Commissioner;

(ee)the Chief Constable of the ^noteBritish Transport Police;

(ef)the Chief Constable of the Civil Nuclear Constabulary;

(f)the Director General of the National Crime Agency, or any other National Crime Agency officer who is designated for the purposes of this paragraph by that Director General;

(h)an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Commissioners for Her Majesty's Revenue and Customs;^note...

(ha)an immigration officer who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Secretary of State;

(hb)a member of senior management for prisons in England and Wales—

(i)whose duties as a member of senior management for prisons in England and Wales are exercisable in relation to the relevant England and Wales institution, and

(ii)who is designated for the purposes of this paragraph by the Secretary of State;

(hc)a member of senior management for prisons in Northern Ireland whose duties as a member of senior management for prisons in Northern Ireland are exercisable in relation to the relevant Northern Ireland institution;

(hd)a member of senior management for penal institutions in Scotland—

(i)whose duties as a member of senior management for penal institutions in Scotland are exercisable in relation to the relevant Scottish penal institution, and

(ii)who is designated for the purposes of this paragraph by the Scottish Ministers;

(i) the chair of the Competition and Markets Authority.

(ia)the Police Investigations and Review Commissioner.

(6)In this section “relevant area”—

(a)in relation to a person within paragraph (a), (b) or (c) of subsection (5) to whom an application is made by virtue of subsection (3)(za)(i), means the area in England and Wales for which his police force is maintained;

(aa)in relation to a person within any of those paragraphs to whom an application is made by virtue of subsection (3)(za)(ii), means the area in England and Wales—

(i)for which any collaborative force (within the meaning of subsection (3A)) is maintained; and

(ii)which is specified in relation to members of that force in the agreement mentioned in subsection (3)(za)(ii);

(ab)in relation to a person within any of those paragraphs to whom an application is made by virtue of subsection (3)(za)(iii), means the area in England and Wales for which—

(i)the person's police force is maintained, or

(ii)any other police force whose chief officer of police is a party to the agreement mentioned in subsection (3)(za)(iii) is maintained,

and which is specified in relation to NCA officers in the agreement mentioned in that provision;

(b)in relation to a person within paragraph (d) or (ia) of subsection (5), means Scotland;

(c)in relation to a person within paragraph (e) of that subsection, means Northern Ireland;

(ca)in relation to a person within paragraph (ea), means any place where, under section 2 of the ^noteMinistry of Defence Police Act 1987, the members of the Ministry of Defence Police have the powers and privileges of a constable;

(cb)in relation to a person within paragraph (ee), means the United Kingdom;

(cba)in relation to a person within subsection (5)(f) to whom an application is made by virtue of subsection (3)(b)(ii), means the area in England and Wales—

(i)for which any collaborative force (within the meaning of subsection (3AB)) is maintained, and

(ii)which is specified in relation to members of that force in the agreement mentioned in subsection (3)(b)(ii);

(cbb)in relation to an England and Wales prison authorisation, means the area of—

(i)a prison in England or Wales,

(ii)a young offender institution in England or Wales,

(iii)a secure training centre in England or Wales, or

(iv)a secure college in England or Wales,

together with such area or areas adjoining the boundary of that prison, institution, centre or college as the authorising officer considers it necessary and proportionate for the authorisation to relate to;

(cbc)in relation to a Northern Ireland prison authorisation, means the area of—

(i)a prison in Northern Ireland,

(ii)a young offenders centre in Northern Ireland,

(iii)a remand centre in Northern Ireland, or

(iv)a juvenile justice centre in Northern Ireland,

together with such area or areas adjoining the boundary of that prison or centre as the authorising officer considers it necessary and proportionate for the authorisation to relate to;

(cbd)in relation to a Scottish penal institution authorisation, means the area of a penal institution in Scotland together with such area or areas adjoining the boundary of that institution as the authorising officer considers it necessary or proportionate for the authorisation to relate to;

(cbza)in relation to a person within subsection (5)(ef), means any place where, under section 56 of the Energy Act 2004, the members of the Civil Nuclear Constabulary have the powers and privileges of a constable;

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and in each case includes the adjacent United Kingdom waters.

(6A)For the purposes of any authorisation by a person within paragraph (eb), (ec) , (ed) , (eda) or (edb) of subsection (5) property is in the relevant area or action in respect of wireless telegraphy is taken in the relevant area if, as the case may be—

(a)the property is owned, occupied, in the possession of or being used by a person who is subject to service law or is a civilian subject to service discipline; or

(b)the action is taken in relation to the use of wireless telegraphy by such a person.

(6B)In subsection (6A) “subject to service law” and “civilian subject to service discipline” have the same meanings as in the Armed Forces Act 2006.

(6C)For the purposes of this section, an offence is an immigration or nationality offence if conduct constituting the offence—

(a)relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or

(b)is undertaken for the purposes of, or otherwise in relation to, any of these enactments—

(i)the British Nationality Act 1981;

(ii)the Hong Kong Act 1985;

(iii)the Hong Kong (War Wives and Widows) Act 1996;

(iv)the British Nationality (Hong Kong) Act 1997;

(v)the British Overseas Territories Act 2002;

(vi)an instrument made under any of those Acts.

(7)The powers conferred by, or by virtue of, this section are additional to any other powers which a person has as a constable either at common law or under or by virtue of any other enactment and are not to be taken to affect any of those other powers.

(8)In this section—• “England and Wales prison authorisation” means an authorisation where the authorising officer is within subsection (5)(hb);• “contracted out institution” means—(a) a prison or young offender institution that is a contracted out prison within the meaning of Part 4 of the Criminal Justice Act 1991 (see section 84(4) of that Act and the definition of “prison” in section 92(1) of that Act),(b) a contracted out secure training centre within the meaning of sections 7 to 14 of the Criminal Justice and Public Order Act 1994 (see section 15 of that Act), or(c) a contracted-out secure college within the meaning of Schedule 10 to the Criminal Justice and Courts Act 2015 (see paragraph 1 of that Schedule);• “contracted out Scottish penal institution” means a penal institution for the running of which a contract under section 106 of the Criminal Justice and Public Order Act 1994 is for the time being in force;• “member of custodial staff for a juvenile justice centre” means a person who is authorised by the managers of a juvenile justice centre to take charge of a person detained by them;• “member of senior management for penal institutions in Scotland” means a person—(a) who is a member of staff of the Scottish Administration of a seniority designated for the purposes of this section by the Scottish Ministers, and(b) whose duties are exercisable in relation to penal institutions in Scotland generally, or any type of such institutions;• “member of senior management for prisons in England and Wales” means a person—(a) who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000, and(b) whose duties as a senior official are exercisable in relation to prisons, young offender institutions, secure training centres or secure colleges in England and Wales;• “member of senior management for prisons in Northern Ireland” means a person—(a) who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000, and(b) whose duties as a senior official are exercisable in relation to prisons, young offenders centres, remand centres or juvenile justice centres in Northern Ireland;• “Northern Ireland prison authorisation” means an authorisation where the authorising officer is within subsection (5)(hc);• “Northern Ireland prison officer” means a person appointed under section 2(2) of the Prison Act (Northern Ireland) 1953 (including any person whose duties are exercisable in relation to a young offenders centre or remand centre in Northern Ireland);• “penal institution” has the meaning given by section 108 of the Criminal Justice (Scotland) Act 2016;• “prison”, in relation to Northern Ireland, has the meaning given in section 47(1A) of the Prison Act (Northern Ireland) 1953;• “prisoner”, in relation to a penal institution, means a person who is detained or imprisoned in such an institution;• “relevant England and Wales institution”, in relation to an England and Wales prison authorisation, means the prison, young offender institution, secure training centre or secure college in England and Wales to which the authorisation relates;• “relevant Northern Ireland institution”, in relation to a Northern Ireland prison authorisation, means the prison, young offenders centre, remand centre or juvenile justice centre in Northern Ireland to which the authorisation relates;• “relevant Scottish penal institution”, in relation to a Scottish penal institution authorisation, means the penal institution in Scotland to which the authorisation relates;• “Scottish penal institution authorisation” means an authorisation where the authorising officer is within subsection (5)(hd);• “Scottish prison officer” means a person who holds a post, otherwise than as a medical officer, to which the person has been appointed for the purposes of section 3(1A) of the Prisons (Scotland) Act 1989;• “unmanned aircraft” means any aircraft operating or designed to operate autonomously or to be piloted remotely without a pilot on board.

94Authorisations given in absence of authorising officer.#

(1)Subsection (2) applies where it is not reasonably practicable for an authorising officer to consider an application for an authorisation under section 93 and—

(a)if the authorising officer is within paragraph (b) , (e) or (f) of section 93(5), it is also not reasonably practicable for the application to be considered by any of the other persons within the paragraph concerned; ^note. . . ^note...

(b)if the authorising officer is within paragraph (a) or (c) of section 93(5), it is also not reasonably practicable for the application to be considered by his designated deputy ^note ...

(ba)in the case of an England and Wales prison authorisation, it is also not reasonably practicable for the application to be considered by the authorising officer's designated deputy;

(bb)in the case of a Northern Ireland prison authorisation, it is also not reasonably practicable for the application to be considered by the authorising officer's designated deputy; or

(bc)in the case of a Scottish penal institution authorisation, it is also not reasonably practicable for the application to be considered by the authorising officer's designated deputy.

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Where this subsection applies, the powers conferred on the authorising officer by section 93 may, in an urgent case, be exercised—

(a)where the authorising officer is within paragraph (a) or (d) of subsection (5) of that section, by a person holding the rank of assistant chief constable in his force;

(b)where the authorising officer is within paragraph (b) of that subsection, by a person holding the rank of commander in the metropolitan police force;

(c)where the authorising officer is within paragraph (c) of that subsection, by a person holding the rank of commander in the City of London police force;

(d)where the authorising officer is within paragraph (e) of that subsection, by a person holding the rank of assistant chief constable in the Police Service of Northern Ireland;

(da)where the authorising officer is within paragraph (ea) of that subsection, by a person holding the rank of deputy or assistant chief constable in the Ministry of Defence Police;

(db)where the authorising officer is within paragraph (eb) of that subsection, by a person holding the position of assistant Provost Marshal in the Royal Navy Police;

(dc)where the authorising officer is within paragraph (ec) or (ed) of that subsection, by a person holding the position of deputy Provost Marshal in the Royal Military Police or, as the case may be, in the Royal Air Force Police;

(dca)where the authorising officer is within paragraph (eda) of that subsection, by a person holding the position of deputy Provost Marshal in the tri-service serious crime unit;

(dcb)where the authorising officer is within paragraph (edb) of that subsection, by a person designated by the Service Police Complaints Commissioner for the purposes of this section;

(dd)where the authorising officer is within paragraph (ee) of that subsection, by a person holding the rank of deputy or assistant chief constable in the ^noteBritish Transport Police;

(de)where the authorising officer is within paragraph (ef) of that subsection, by a person holding the rank of deputy or assistant chief constable in the Civil Nuclear Constabulary;

(e)where the authorising officer is within paragraph (f) of that subsection, by a person designated for the purposes of this section by the Director General of the National Crime Agency;

(f)where the authorising officer is within paragraph (h) of that subsection, by an officer of Revenue and Customs who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated by the Commissioners for Her Majesty's Revenue and Customs for the purposes of this section.

(fa)where the authorising officer is within paragraph (ha) of that subsection, by a senior official (within the meaning of the Regulation of Investigatory Powers Act 2000) in the department of the Secretary of State by whom functions relating to immigration are exercisable who is designated by the Secretary of State for the purposes of this section;

(fb)in the case of an England and Wales prison authorisation, by a person—

(i)who is a member of the civil service (within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 — see section 1(4) of that Act),

(ii)whose duties are exercisable in relation to the relevant England and Wales institution, and

(iii)who is designated for the purposes of this paragraph by the Secretary of State;

(fc)in the case of a Northern Ireland prison authorisation, by a person—

(i)who is a member of the Northern Ireland Civil Service,

(ii)whose duties are exercisable in relation to the relevant Northern Ireland institution, and

(iii)who is designated for the purposes of this paragraph by the Department of Justice in Northern Ireland;

(fd)in the case of a Scottish penal institution authorisation, by a person—

(i)who is a member of staff of the Scottish Administration,

(ii)whose duties are exercisable in relation to the relevant Scottish penal institution, and

(iii)who is designated for the purposes of this paragraph by the Scottish Ministers;

(g)where the authorising officer is within paragraph (i) of that subsection, by an officer of the Competition and Markets Authority designated by it for the purposes of this section.

(ga)where the authorising officer is within paragraph (ia) of that subsection, by a staff officer of the Police Investigations and Review Commissioner who is designated by the Commissioner for the purposes of this section.

(3)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In subsection (1), “designated deputy”—

(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;

(b)in the case of an authorising officer within paragraph (c) of section 93(5), means the person authorised to act ^note. . . under section 25 of the ^noteCity of London Police Act 1839; ^note. . .

(ba)in the case of an England and Wales prison authorisation, a member of senior management for prisons in England and Wales who is designated for the purposes of this paragraph by the Secretary of State;

(bb)in the case of a Northern Ireland prison authorisation, a member of senior management for prisons in Northern Ireland who is designated for the purposes of this paragraph by the Department of Justice in Northern Ireland;

(bc)in the case of a Scottish penal institution authorisation, a member of senior management for penal institutions in Scotland who is designated for the purpose of this paragraph by the Scottish Ministers.

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A)In this section “England and Wales prison authorisation”, “member of senior management for prisons in England and Wales” and “relevant England and Wales institution” have the same meanings as in section 93.

(4B)In this section “member of senior management for prisons in Northern Ireland”, “Northern Ireland prison authorisation” and “relevant Northern Ireland institution” have the same meanings as in section 93.

(4C)In this section, “member of senior management for penal institutions in Scotland”, “Scottish penal institution authorisation” and “relevant Scottish penal institution” have the same meanings as in section 93.

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

95Authorisations: form and duration etc.#

(1)An authorisation shall be in writing, except that in an urgent case an authorisation (other than one given by virtue of section 94) may be given orally.

(2)An authorisation shall, unless renewed under subsection (3), cease to have effect—

(a)if given orally or by virtue of section 94, at the end of the period of 72 hours beginning with the time when it took effect;

(b)in any other case, at the end of the period of three months beginning with the day on which it took effect.

(3)If at any time before an authorisation would cease to have effect the authorising officer who gave the authorisation, or in whose absence it was given, considers it necessary for the authorisation to continue to have effect for the purpose for which it was issued, he may, in writing, renew it for a period of three months beginning with the day on which it would cease to have effect.

(4)A person shall cancel an authorisation given by him if satisfied that the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied.

(5)An authorising officer shall cancel an authorisation given in his absence if satisfied that the authorisation is one in relation to which the requirements of paragraphs (a) and (b) of section 93(2) are no longer satisfied.

(6)If the authorising officer who gave the authorisation is within paragraph (b) , (d), (e)or (f) of section 93(5), the power conferred on that person by subsections (3) and (4) above shall also be exercisable by each of the other persons within the paragraph concerned.

(7)Nothing in this section shall prevent a designated deputy from exercising the powers conferred on an authorising officer within paragraph (a) , (c) or (d) or (c) of section 93(5) by subsections (3), (4) and (5) above.

96Notification of authorisations etc.#

(1)Where a person gives, renews or cancels an authorisation, he shall, as soon as is reasonably practicable and in accordance with arrangements made by the Investigatory Powers Commissioner, give notice in writing that he has done so to a Judicial Commissioner.

(2)Subject to subsection (3), a notice under this section shall specify such matters as the Secretary of State may by order prescribe.

(3)A notice under this section of the giving or renewal of an authorisation shall specify—

(a)whether section 97 applies to the authorisation or renewal, and

(b)where that section does not apply by virtue of subsection (3) of that section, the grounds on which the case is believed to be one of urgency.

(4)Where a notice is given to a Judicial Commissioner under this section, he shall, as soon as is reasonably practicable, scrutinise the notice.

(5)An order under subsection (2) shall be made by statutory instrument.

(6)A statutory instrument which contains an order under subsection (2) shall not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.

General

107Supplementary provisions relating to Commissioners.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

108Interpretation of Part III.#

(1)In this Part—• “Assistant Commissioner of Police of the Metropolis” includes the Deputy Commissioner of Police of the Metropolis;• “authorisation” means an authorisation under section 93;• “authorising officer” has the meaning given by section 93(5);• “criminal proceedings” includes proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006;• ^note...• “designated deputy” has the meaning given in section 94(4);• “the Investigatory Powers Commissioner” and “Judicial Commissioner” have the same meanings as in the Investigatory Powers Act 2016 (see section 263(1) of that Act);• “tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006;• “United Kingdom waters” has the meaning given in section 30(5) of the ^notePolice Act 1996; and• “wireless telegraphy” has the same meaning as in the Wireless Telegraphy Act 2006 and, in relation to wireless telegraphy, “interfere” has the same meaning as in that Act.

(1A)

(a)is a member of the Commissioner's staff appointed under paragraph 7A of schedule 4 to the Police, Public Order and Criminal Justice (Scotland) Act 2006, or

(b)is a member of the Commissioner's staff appointed under paragraph 7 of that schedule to whom paragraph 7B(2) of that schedule applies.

(2)Where, under this Part, notice of any matter is required to be given in writing, the notice may be transmitted by electronic means.

(3)For the purposes of this Part, an authorisation (or renewal) given—

(a)by the designated deputy of an authorising officer, or

(b)by a person on whom an authorising officer’s powers are conferred by section 94,

shall be treated as an authorisation (or renewal) given in the absence of the authorising officer concerned; and references to the authorising officer in whose absence an authorisation (or renewal) was given shall be construed accordingly.

Authorisations requiring approval

97Authorisations requiring approval.#

(1)An authorisation to which this section applies shall not take effect until—

(a)it has been approved in accordance with this section by a Judicial Commissioner, and

(b)the person who gave the authorisation has been notified under subsection (4).

(2)Subject to subsection (3), this section applies to an authorisation if, at the time it is given, the person who gives it believes—

(a)that any of the property specified in the authorisation—

(i)is used wholly or mainly as a dwelling or as a bedroom in a hotel, or

(ii)constitutes office premises, or

(b)that the action authorised by it is likely to result in any person acquiring knowledge of—

(i)matters subject to legal privilege,

(ii)confidential personal information, or

(iii)confidential journalistic material.

(3)This section does not apply to an authorisation where the person who gives it believes that the case is one of urgency.

(4)Where a Judicial Commissioner receives a notice under section 96 which specifies that this section applies to the authorisation, he shall as soon as is reasonably practicable—

(a)decide whether to approve the authorisation or refuse approval, and

(b)give written notice of his decision to the person who gave the authorisation.

(5)A Judicial Commissioner shall approve an authorisation if, and only if, he is satisfied that there are reasonable grounds for believing the matters specified in section 93(2).

(6)Where a Judicial Commissioner refuses to approve an authorisation, he shall, as soon as is reasonably practicable, make a report of his findings to the authorising officer who gave it or in whose absence it was given ^note....

(6A)The reference in subsection (6) to the authorising officer who gave the authorisation or in whose absence it was given shall be construed, in the case of an authorisation given by or in the absence of a person within paragraph (b) or (e) of section 93(5), as a reference to the Commissioner of Police or, as the case may be, Chief Constable mentioned in the paragraph concerned.

(6B)The reference in subsection (6) to the authorising officer who gave the authorisation or in whose absence it was given shall be construed—

(a)in the case of an authorisation given by a person within paragraph (f) of section 93(5), as a reference to that person, and

(b)in the case of an authorisation given in the absence of such a person, as a reference to a National Crime Agency officer who is designated for the purposes of this section by the Director General of that Agency.

(7)This section shall apply in relation to a renewal of an authorisation as it applies in relation to an authorisation (the references in subsection (2)(a) and (b) to the authorisation being construed as references to the authorisation renewed).

(8)In this section—• “office premises” has the meaning given in section 1(2) of the ^noteOffices, Shops and Railway Premises Act 1963;• “hotel” means premises used for the reception of guests who desire to sleep in the premises.

98Matters subject to legal privilege.#

(1)Subject to subsection (5) below, in section 97 “matters subject to legal privilege” means matters to which subsection (2), (3) or (4) below applies.

(2)This subsection applies to communications between a professional legal adviser and—

(a)his client, or

(b)any person representing his client,

which are made in connection with the giving of legal advice to the client.

(3)This subsection applies to communications—

(a)between a professional legal adviser and his client or any person representing his client, or

(b)between a professional legal adviser or his client or any such representative and any other person,

which are made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings.

(4)This subsection applies to items enclosed with or referred to in communications of the kind mentioned in subsection (2) or (3) and made—

(a)in connection with the giving of legal advice, or

(b)in connection with or in contemplation of legal proceedings and for the purposes of such proceedings.

(5)For the purposes of section 97—

(a)communications and items are not matters subject to legal privilege when they are in the possession of a person who is not entitled to possession of them, and

(b)communications and items held, or oral communications made, with the intention of furthering a criminal purpose are not matters subject to legal privilege.

99Confidential personal information.#

(1)In section 97 “confidential personal information” means—

(a)personal information which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office, and which he holds in confidence, and

(b)communications as a result of which personal information—

(i)is acquired or created as mentioned in paragraph (a), and

(ii)is held in confidence.

(2)For the purposes of this section “personal information” means information concerning an individual (whether living or dead) who can be identified from it and relating—

(a)to his physical or mental health, or

(b)to spiritual counselling or assistance given or to be given to him.

(3)A person holds information in confidence for the purposes of this section if he holds it subject—

(a)to an express or implied undertaking to hold it in confidence, or

(b)to a restriction on disclosure or an obligation of secrecy contained in any enactment (including an enactment contained in an Act passed after this Act).

100Confidential journalistic material.#

(1)In section 97 “confidential journalistic material” means—

(a)material acquired or created for the purposes of journalism which—

(i)is in the possession of persons who acquired or created it for those purposes,

(ii)is held subject to an undertaking, restriction or obligation of the kind mentioned in section 99(3), and

(iii)has been continuously held (by one or more persons) subject to such an undertaking, restriction or obligation since it was first acquired or created for the purposes of journalism, and

(b)communications as a result of which information is acquired for the purposes of journalism and held as mentioned in paragraph (a)(ii).

(2)For the purposes of subsection (1), a person who receives material, or acquires information, from someone who intends that the recipient shall use it for the purposes of journalism is to be taken to have acquired it for those purposes.

Code of Practice

101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

Complaints etc.

102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

103Quashing of authorisations etc.#

(1)Where, at any time, a Judicial Commissioner is satisfied that, at the time an authorisation was given or renewed, there were no reasonable grounds for believing the matters specified in section 93(2), he may quash the authorisation or, as the case may be, renewal.

(2)Where, in the case of an authorisation or renewal to which section 97 does not apply, a Judicial Commissioner is at any time satisfied that, at the time the authorisation was given or, as the case may be, renewed,—

(a)there were reasonable grounds for believing any of the matters specified in subsection (2) of section 97, and

(b)there were no reasonable grounds for believing the case to be one of urgency for the purposes of subsection (3) of that section,

he may quash the authorisation or, as the case may be, renewal.

(3)Where a Judicial Commissioner quashes an authorisation or renewal under subsection (1) or (2), he may order the destruction of any records relating to information obtained by virtue of the authorisation (or, in the case of a renewal, relating wholly or partly to information so obtained after the renewal) other than records required for pending criminal or civil proceedings.

(4)If a Judicial Commissioner is satisfied that, at any time after an authorisation was given or, in the case of an authorisation renewed under section 95, after it was renewed, there were no reasonable grounds for believing the matters specified in section 93(2), he may cancel the authorisation.

(5)Where—

(a)an authorisation has ceased to have effect (otherwise than by virtue of subsection (1) or (2)), and

(b)a Judicial Commissioner is satisfied that, at any time during the period of the authorisation, there were no reasonable grounds for believing the matters specified in section 93(2),

he may order the destruction of any records relating, wholly or partly, to information which was obtained by virtue of the authorisation after that time (other than records required for pending criminal or civil proceedings).

(6)Where a Judicial Commissioner exercises his powers under subsection (1), (2) or (4), he shall, if he is satisfied that there are reasonable grounds for doing so, order that the authorisation shall be effective, for such period as he shall specify, so far as it authorises the taking of action to retrieve anything left on property in accordance with the authorisation.

(7)Where a Judicial Commissioner (other than the Investigatory Powers Commissioner) exercises a power conferred by this section, he shall, as soon as is reasonably practicable, make a report of his findings—

(a)to the authorising officer who gave the authorisation or in whose absence it was given, and

(b)to the Investigatory Powers Commissioner;

and subsection (6A) of section 97 shall apply for the purposes of this subsection as it applies for the purposes of subsection (6) of that section.

(8)Where—

(a)a decision is made under subsection (1) or (2) and an order for the destruction of records is made under subsection (3), or

(b)a decision to order the destruction of records is made under subsection (5),

the order shall not become operative until any period for appealing against the decision has expired and, where an appeal is made, a decision dismissing it has been made by the Investigatory Powers Commissioner.

(9)A Judicial Commissioner may exercise any of the powers conferred by this section notwithstanding any approval given under section 97.

The Commissioners

91The Commissioners.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV · Police Information Technology Organisation

109Police Information Technology Organisation.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

110Relationship between the Organisation and the Secretary of State.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

111Interpretation of Part IV.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part V · Certificates of Criminal Records, &c.

112Criminal conviction certificates.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(aa)at a time when—

and he has not been informed by the Commission or the Lord Chancellor that such legal aid has ceased to be so available; or.

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(3)In this section—• “the appropriate local authority” means—

• “care”shall be construed in accordance with section 32(3) of the 1968 Act, and the provisions of that Act specified in section 44(5) of that Act shall apply in respect of a child who is detained in residential care in pursuance of this section as they apply in respect of a child who is subject to a supervision requirement;• “the 1968 Act” means the ^noteSocial Work (Scotland) Act 1968.

(4)Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (3).

113Criminal record certificates.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

113ACriminal record certificates#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(aa)at a time when—

and he has not been informed by the Commission or the Lord Chancellor that such legal aid has ceased to be so available; or.

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(2A)Any practising solicitor shall be entitled to give advice or assistance or to act for persons receiving legal aid unless he is for the time being excluded by an order under Article 51B(1) or (3) of the Solicitors (Northern Ireland) Order 1976 from selection under paragraph (3).

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(3)An agreement made under section 42(4)^note of, or under section 28^note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(4)Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (3).

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(6)In this section—• “central records” means such records of convictions and cautions held for the use of police forces generally as may be prescribed;• “exempted question” means a question which— (a) so far as it applies to convictions, is a question in relation to which section 4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) has been excluded by an order of the Secretary of State under section 4(4) of that Act; and— (b) so far as it applies to cautions, is a question to which paragraph 3(3) or (4) of Schedule 2 to that Act has been excluded by an order of the Secretary of State under paragraph 4 of that Schedule;• “relevant matter”, in this section as it has effect in England and Wales, means—(a) any of the following convictions—(a) a conviction of an offence within subsection (6D);(b) a conviction in respect of which a custodial sentence or a sentence of service detention was imposed; ^note...(c) a current conviction; or(d) a conviction which is not a spent conviction within the meaning of the Rehabilitation of Offenders Act 1974;(b) ^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(c) a caution given in respect of an offence within subsection (6D) where the person was aged 18 or over on the date it was given;(d) a current caution;(e) a caution which is not spent for the purposes of Schedule 2 to the Rehabilitation of Offenders Act 1974.

(6D)The offences referred to in paragraphs (a)(i) and (c) of the definition of “relevant matter” in subsection (6), as it has effect in England and Wales, are as follows—

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(e)make provision for the recovery of sums due to the legal aid fund and for making effective the charge created by this Part on property recovered or preserved for a person receiving legal aid, advice or assistance including provision—

(f)a resolution of a company to give, vary, revoke or renew an authority to the directors for the purposes of Article 90 (allotment of relevant securities);

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(iii)is concerned jointly with or has the same interest as other persons, whether receiving legal aid, advice or assistance or not; or

(g)a resolution of the directors passed under Article 157(2) (alteration of memorandum on company ceasing to be a public company, following acquisition of its own shares);

(h)a resolution conferring, varying, revoking or renewing authority under Article 176 (market purchase of company's own shares);

(i)prescribed periods to be disregarded for prescribed purposes;

(j)a resolution for voluntary winding up, passed under Article 70(1)(a) of the Insolvency Order; and

(k)a resolution passed by the directors of an old public company, under Article 4(1) of the Consequential Provisions Order, that the company should be re-registered as a public company.

(l)a resolution of the directors passed by virtue of regulation 16(2) of the Uncertificated Securities Regulations 1995 (which allow title to a company's shares to be evidenced and transferred without written instrument); and

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(m)a resolution of a company passed by virtue of regulation 16(6) of the Uncertificated Securities Regulations 1995 (which prevents or reverses a resolution of the directors under regulation 16(2) of those Regulations).

(n)section 21B(1), and

(o)section 22D(1).

(6E)For the purposes of the definition of “relevant matter” as it has effect in England and Wales—

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(e)make provision for the recovery of sums due to the legal aid fund and for making effective the charge created by this Part on property recovered or preserved for a person receiving legal aid, advice or assistance including provision—

(6F)Section 139(1) and (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (which amends section 5(8) of the Rehabilitation of Offenders Act 1974) is to be treated for the purposes of subsection (6E)(e) as being in force when subsection (6E)(e) comes into force.

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(8)The Law Society shall as soon as possible after the end of each financial year make an annual report to the Lord Chancellor on the operation and finance of this Part during that year.

(9)The Lord Chancellor shall lay before Parliament a copy of each report of the Law Society.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(10)The Lord Chancellor or the Commission may publish an authorisation under paragraph (2)(b), or an authorisation varying or revoking such an authorisation, if the Lord Chancellor or the Commission considers it appropriate to do so.

113BEnhanced criminal record certificates#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(aa)at a time when—

and he has not been informed by the Commission or the Lord Chancellor that such legal aid has ceased to be so available; or.

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(2A)Any practising solicitor shall be entitled to give advice or assistance or to act for persons receiving legal aid unless he is for the time being excluded by an order under Article 51B(1) or (3) of the Solicitors (Northern Ireland) Order 1976 from selection under paragraph (3).

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(3)An agreement made under section 42(4)^note of, or under section 28^note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(4)Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (3).

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(4A)Without prejudice to the preceding provisions of this Article or any other provision of this Part authorising the making of regulations, regulations may also modify the provisions of, or of any instrument having effect under, this Part (including so much of any of those provisions as specifies a sum of money) for the purposes of the application of those provisions—

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(6)Regulations shall be subject to negative resolution.

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(8)The Law Society shall as soon as possible after the end of each financial year make an annual report to the Lord Chancellor on the operation and finance of this Part during that year.

(9)The Lord Chancellor shall lay before Parliament a copy of each report of the Law Society.

(10)The Lord Chancellor or the Commission may publish an authorisation under paragraph (2)(b), or an authorisation varying or revoking such an authorisation, if the Lord Chancellor or the Commission considers it appropriate to do so.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(e)make provision for the recovery of sums due to the legal aid fund and for making effective the charge created by this Part on property recovered or preserved for a person receiving legal aid, advice or assistance including provision—

(f)a resolution of a company to give, vary, revoke or renew an authority to the directors for the purposes of Article 90 (allotment of relevant securities);

(g)a resolution of the directors passed under Article 157(2) (alteration of memorandum on company ceasing to be a public company, following acquisition of its own shares);

(h)a resolution conferring, varying, revoking or renewing authority under Article 176 (market purchase of company's own shares);

(i)prescribed periods to be disregarded for prescribed purposes;

(j)a resolution for voluntary winding up, passed under Article 70(1)(a) of the Insolvency Order; and

(k)a resolution passed by the directors of an old public company, under Article 4(1) of the Consequential Provisions Order, that the company should be re-registered as a public company.

(l)a resolution of the directors passed by virtue of regulation 16(2) of the Uncertificated Securities Regulations 1995 (which allow title to a company's shares to be evidenced and transferred without written instrument); and

(m)a resolution of a company passed by virtue of regulation 16(6) of the Uncertificated Securities Regulations 1995 (which prevents or reverses a resolution of the directors under regulation 16(2) of those Regulations).

(11)In this Article “the Commission” means the Northern Ireland Legal Services Commission.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(ba)regulations made by virtue of section 51A(8) of the Education Act 2002 (allowances for exclusion review panels: England);

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(12)In this Article—

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(13)In this Article and Article 12 “employment officer” means an officer of the Department or such other person as may be designated for the purposes of this Article by an order made by the Department.

• “central records”, “exempted question”, and “relevant matter” have the same meaning as in section 113A;• “relevant chief officer” means any chief officer of a police force who is identified by DBS for the purposes of making a request under subsection (4).• ^note...

113BASuitability information relating to children#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(e)make provision for the recovery of sums due to the legal aid fund and for making effective the charge created by this Part on property recovered or preserved for a person receiving legal aid, advice or assistance including provision—

(3)An agreement made under section 42(4)^note of, or under section 28^note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.

(4)Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (3).

113BBSuitability information relating to vulnerable adults#

(1)In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to vulnerable adults.

(2)Suitability information relating to vulnerable adults is —

(a)whether the applicant is barred from regulated activity relating to vulnerable adults;

(b)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Expressions used in this section and in the 2006 Act have the same meaning in this section as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act.

(4)“The 2006 Act” means the Safeguarding Vulnerable Groups Act 2006.

113BCSuitability information: power to amend#

(1)The Secretary of State may by order made by statutory instrument—

(a)amend section 113BA for the purpose of altering the meaning of suitability information relating to children;

(b)amend section 113BB for the purpose of altering the meaning of suitability information relating to vulnerable adults ;

(c)amend section 120AC(4)(b) in consequence of an order made under paragraph (a) or (b).

(2)Such an order is subject to annulment in pursuance of a resolution of either House of Parliament.

113CCriminal record certificates: suitability relating to children#

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113CASuitability information relating to children#

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113CBSuitability information relating to protected adults#

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113CCSuitability information: supplementary#

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113DCriminal record certificates: suitability relating to adults#

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113ECriminal record certificates: specified children's and adults' lists: urgent cases#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(3)An agreement made under section 42(4)^note of, or under section 28^note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(4)Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (3).

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(5)In this section—• “criminal record certificate” has the same meaning as in section 113A;• “enhanced criminal record certificate” has the same meaning as in section 113B; • “children's suitability statement” “, specified children's direction” and “specified children's list” have the same meaning as in section 113C; • “adults' suitability statement” and “specified adults' list” have the same meaning as in section 113D.

113FCriminal record certificates: supplementary#

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114Criminal record certificates: Crown employment.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(aa)at a time when—

and he has not been informed by the Commission or the Lord Chancellor that such legal aid has ceased to be so available; or.

(aa)at a time when—

and he has not been informed by the Commission or the Lord Chancellor that such legal aid has ceased to be so available; or.

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.

(3)An agreement made under section 42(4)^note of, or under section 28^note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.

115Enhanced criminal record certificates.#

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116Enhanced criminal record certificates: judicial appointments and Crown employment.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(aa)at a time when—

and he has not been informed by the Commission or the Lord Chancellor that such legal aid has ceased to be so available; or.

(aa)at a time when—

and he has not been informed by the Commission or the Lord Chancellor that such legal aid has ceased to be so available; or.

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(3)An agreement made under section 42(4)^note of, or under section 28^note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.

116AUp-dating certificates#

(1)DBS must, on the request of a relevant person and subject to subsection (2), give up-date information to that person about—

(a)a criminal conviction certificate,

(b)a criminal record certificate, or

(c)an enhanced criminal record certificate,

which is subject to up-date arrangements.

(2)DBS may impose conditions about—

(a)the information to be supplied in connection with such a request for the purpose of enabling the Secretary of State to decide whether the person is a relevant person,

(b)any other information to be supplied in connection with such a request.

(3)For the purposes of subsection (1) a certificate is subject to up-date arrangements if condition A, B or C is met and the arrangements have not ceased to have effect in accordance with a notice given under section 118(3B).

(4)Condition A is that—

(a)the individual who applied for the certificate made an application at the same time to DBS for the certificate to be subject to up-date arrangements,

(b)the individual has paid in the prescribed manner any prescribed fee,

(c)DBS has granted the application for the certificate to be subject to up-date arrangements, and

(d)the period of 12 months beginning with the date on which the grant comes into force has not expired.

(5)Condition B is that—

(a)the individual whose certificate it is has made an application to DBS to renew or (as the case may be) further renew unexpired up-date arrangements in relation to the certificate,

(b)the individual has paid in the prescribed manner any prescribed fee,

(c)DBS has granted the application,

(d)the grant has come into force on the expiry of the previous up-date arrangements, and

(e)the period of 12 months beginning with the date on which the grant has come into force has not expired.

(6)Condition C is that—

(a)the certificate was issued under section 117(2) or 117A(5)(b), and

(b)the certificate which it superseded—

(i)was subject to up-date arrangements immediately before it was superseded, and

(ii)would still be subject to those arrangements had it not been superseded.

(7)DBS must not grant an application as mentioned in subsection (4)(c) or (5)(c) unless any fee prescribed under subsection (4)(b) or (as the case may be) (5)(b) has been paid in the manner so prescribed.

(8)In this section “up-date information” means—

(a)in relation to a criminal conviction certificate or a criminal record certificate—

(i)information that there is no information recorded in central records which would be included in a new certificate but is not included in the current certificate, or

(ii)advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate,

(b)in relation to an enhanced criminal record certificate which includes suitability information relating to children or vulnerable adults—

(i)information that there is no information recorded in central records, no information of the kind mentioned in section 113B(4), and no information of the kind mentioned in section 113BA(2) or (as the case may be) 113BB(2), which would be included in a new certificate but is not included in the current certificate, or

(ii)advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, and

(c)in relation to any other enhanced criminal record certificate—

(i)information that there is no information recorded in central records, nor any information of the kind mentioned in section 113B(4), which would be included in a new certificate but is not included in the current certificate, or

(ii)advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate.

(9)If up-date information is given under subsection (8)(a)(i), (8)(b)(i) or (8)(c)(i) and the certificate to which that information relates is one to which subsection (10) applies, the up-date information must include that fact.

(10)This subsection applies to a certificate which—

(a)in the case of a criminal conviction certificate, states that there are no convictions or conditional cautions of the applicant recorded in central records,

(b)in the case of a criminal record certificate, is as described in section 120AC(3), and

(c)in the case of an enhanced criminal record certificate, is as described in section 120AC(4).

(11)In this section—• “central records” has the same meaning as in section 113A,• “criminal record certificate” includes a certificate under section 114,• “enhanced criminal record certificate” includes a certificate under section 116,• “exempted question” has the same meaning as in section 113A,• “relevant person” means—(a) in relation to a criminal conviction certificate—(i) the individual whose certificate it is, or(ii) any person authorised by the individual,(b) in relation to a criminal record certificate—(i) the individual whose certificate it is, or(ii) any person who is authorised by the individual and is seeking the information for the purposes of an exempted question, and(c) in relation to an enhanced criminal record certificate—(i) the individual whose certificate it is, or(ii) any person who is authorised by the individual and is seeking the information for the purposes of an exempted question asked for a purpose prescribed under section 113B(2)(b).

117Disputes about accuracy of certificates certificates and up-date information.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(1A)It shall be a defence for a person charged with and offence under paragraph (1) to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(1A)It shall be a defence for a person charged with and offence under paragraph (1) to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(1B)In subsection (1A), “schools” has the meaning given by section 135(1) of the Education (Scotland) Act 1980.

(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.

(2A)In this section—• “corrected up-date information”, in relation to a certificate, means information which includes—(a) information that the wrong up-date information was given in relation to the certificate on a particular date, and(b) new up-date information in relation to the certificate,• “up-date information” has the same meaning as in section 116A.

117AOther disputes about section 113B(4) information#

(1)Subsection (2) applies if a person believes that information provided in accordance with section 113B(4) and included in a certificate under section 113B or 116 —

(a)is not relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), or

(b)ought not to be included in the certificate.

(2)The person may apply in writing to the independent monitor appointed under section 119B for a decision as to whether the information is information which falls within subsection (1)(a) or (b) above.

(3)The independent monitor, on receiving such an application, must ask such chief officer of a police force as the independent monitor considers appropriate to review whether the information concerned is information which—

(a)the chief officer reasonably believes to be relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), and

(b)in the chief officer's opinion, ought to be included in the certificate.

(4)In exercising functions under subsection (3), the chief officer concerned must have regard to any guidance for the time being published under section 113B(4A).

(5)If, following a review under subsection (3), the independent monitor considers that any of the information concerned is information which falls within subsection (1)(a) or (b)—

(a)the independent monitor must inform DBS of that fact, and

(b)on being so informed, DBS must issue a new certificate.

(6)In issuing such a certificate, DBS must proceed as if the information which falls within subsection (1)(a) or (b) had not been provided under section 113B(4).

(7)In deciding for the purposes of this section whether information is information which falls within subsection (1)(a) or (b), the independent monitor must have regard to any guidance for the time being published under section 113B(4A).

(8)Subsections (10) and (11) of section 113B apply for the purposes of this section as they apply for the purposes of that section.

117BReview of criminal record certificates#

Schedule 8A (which provides for an independent review of certain criminal record certificates) has effect.

118Evidence of identity.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(2A)Any practising solicitor shall be entitled to give advice or assistance or to act for persons receiving legal aid unless he is for the time being excluded by an order under Article 51B(1) or (3) of the Solicitors (Northern Ireland) Order 1976 from selection under paragraph (3).

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(e)make provision for the recovery of sums due to the legal aid fund and for making effective the charge created by this Part on property recovered or preserved for a person receiving legal aid, advice or assistance including provision—

(3)An agreement made under section 42(4)^note of, or under section 28^note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.

(3A)Where a company purchases one or more of its own shares in circumstances in which Article 172A applies—

(3B)For the purposes of subsection (3A) of this section, and section 10A, the person responsible is—

(4)Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (3).

119Sources of information.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(1A)It shall be a defence for a person charged with and offence under paragraph (1) to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(aa)at a time when—

and he has not been informed by the Commission or the Lord Chancellor that such legal aid has ceased to be so available; or.

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(1B)In subsection (1A), “schools” has the meaning given by section 135(1) of the Education (Scotland) Act 1980.

(1ZA)A video work other than a video game is not an exempted work for those purposes if it does one or more of the following—

(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.

(2A)Any practising solicitor shall be entitled to give advice or assistance or to act for persons receiving legal aid unless he is for the time being excluded by an order under Article 51B(1) or (3) of the Solicitors (Northern Ireland) Order 1976 from selection under paragraph (3).

(2B)For the purposes of this Article, notice in writing of the meeting is to be taken as given to a person where notice of the meeting is sent using electronic communications to such address as may for the time being be notified by that person to the company for that purpose.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(iii)is concerned jointly with or has the same interest as other persons, whether receiving legal aid, advice or assistance or not; or

(iv)has available to him rights or facilities making it unnecessary for him to take advantage of this Part or has a reasonable expectation of receiving financial or other help from a body of which he is a member;

(v)rent; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(iii)is concerned jointly with or has the same interest as other persons, whether receiving legal aid, advice or assistance or not; or

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(3)An agreement made under section 42(4)^note of, or under section 28^note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.

(4)Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (3).

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(aa)at a time when—

and he has not been informed by the Commission or the Lord Chancellor that such legal aid has ceased to be so available; or.

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(4A)Without prejudice to the preceding provisions of this Article or any other provision of this Part authorising the making of regulations, regulations may also modify the provisions of, or of any instrument having effect under, this Part (including so much of any of those provisions as specifies a sum of money) for the purposes of the application of those provisions—

(4A)Without prejudice to the preceding provisions of this Article or any other provision of this Part authorising the making of regulations, regulations may also modify the provisions of, or of any instrument having effect under, this Part (including so much of any of those provisions as specifies a sum of money) for the purposes of the application of those provisions—

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(6)Regulations shall be subject to negative resolution.

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(8)The Law Society shall as soon as possible after the end of each financial year make an annual report to the Lord Chancellor on the operation and finance of this Part during that year.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(aa)at a time when—

and he has not been informed by the Commission or the Lord Chancellor that such legal aid has ceased to be so available; or.

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

119AFurther sources of information: Scotland#

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119BIndependent monitor#

(1)There is to be an independent monitor for the purposes of this Part.

(2)The independent monitor is a person appointed by the Secretary of State—

(a)for such period, not exceeding three years, as the Secretary of State decides;

(b)on such terms as the Secretary of State decides.

(3)A person may be appointed for a further period or periods.

(4)The Secretary of State may terminate the appointment of the independent monitor before the end of the period mentioned in subsection (2)(a) by giving the monitor notice of the termination not less than three months before it is to take effect.

(4A)Before appointing a person to be the independent monitor, or terminating the appointment of the independent monitor, the Secretary of State must consult the Department of Justice in Northern Ireland.

(5)The independent monitor must review—

(a)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a sample of cases in which a certificate issued under section 113B has included information in pursuance of subsection (4)(b) of that section;

(c)a sample of cases in which the chief officer of a police force has decided that information must not be included in a certificate or report in pursuance of section 113B(4)(b) or disclosed in pursuance of section 113B(5)(c) and (6)(b);

(ca)a sample of cases in which the chief officer of a police force has decided that information should be disclosed or not disclosed to DBS for the purpose of the provision by DBS of up-date information under section 116A.

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The purpose of a review under subsection (5) is to ensure compliance with Article 8 of the European Convention of Human Rights.

(7)The independent monitor must in relation to each year make a report to the Secretary of State about the performance of police forces in exercising their functions under this Part.

(8)The independent monitor may make recommendations to the Secretary of State as to—

(a)any guidance issued by the Secretary of State or which the monitor thinks it would be appropriate for the Secretary of State to issue;

(b)any changes to any enactment which the monitor thinks may be appropriate.

(8A)The independent monitor has the functions conferred on the monitor by section 117A.

(8A)The independent monitor has the functions conferred on the monitor by section 117A.

(9)The chief officer of a police force must provide to the independent monitor such information as the monitor reasonably requires in connection with the exercise of his functions under this section or section 117A.

120Registered persons.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(2A)Any practising solicitor shall be entitled to give advice or assistance or to act for persons receiving legal aid unless he is for the time being excluded by an order under Article 51B(1) or (3) of the Solicitors (Northern Ireland) Order 1976 from selection under paragraph (3).

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(3)An agreement made under section 42(4)^note of, or under section 28^note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.

(4)Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (3).

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(6)Regulations shall be subject to negative resolution.

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

120ARefusal and cancellation of registration on grounds related to disclosure#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(3)An agreement made under section 42(4)^note of, or under section 28^note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(3A)Where a company purchases one or more of its own shares in circumstances in which Article 172A applies—

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(3B)For the purposes of subsection (3A) of this section, and section 10A, the person responsible is—

(3C)Any person or body to whom directions are given in pursuance of any provision of this Act or Part I of the ^noteNational Health Service and Community Care Act 1990 shall comply with the directions.

(3D)Regulations under this section may make provision for or in connection with the establishment by the National Assembly for Wales on a permanent or temporary basis of a panel which is to have such functions as may be specified in the regulations in relation to allowances, or pensions, allowances or gratuities, payable to members of county councils and county borough councils in Wales.

(4)Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (3).

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(iii)is concerned jointly with or has the same interest as other persons, whether receiving legal aid, advice or assistance or not; or

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(6)Regulations shall be subject to negative resolution.

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(8)The Law Society shall as soon as possible after the end of each financial year make an annual report to the Lord Chancellor on the operation and finance of this Part during that year.

120AARefusal, cancellation or suspension of registration on other grounds#

(1)Regulations may make provision enabling DBS in prescribed cases to refuse to register a person who, in the opinion of DBS, is likely to act as the registered person in relation to fewer applications under this Part in any period of twelve months than a prescribed minimum number.

(2)Subsection (3) applies where a registered person—

(a)is, in the opinion of DBS, no longer likely to wish to act as the registered person in relation to applications under this Part,

(b)has, in any period of twelve months during which he was registered, acted as the registered person in relation to fewer applications under this Part than the minimum number specified in respect of him by regulations under subsection (1), or

(c)has failed to comply with any condition of his registration.

(3)Subject to section 120AB, DBS may—

(a)suspend that person’s registration for such period not exceeding 6 months as DBS thinks fit, or

(b)remove that person from the register.

(4)Subsection (6) applies if an application is made under section 120 by an individual who—

(a)has previously been a registered person; and

(b)has been removed from the register (otherwise than at that individual's own request).

(5)Subsection (6) also applies if an application is made under section 120 by a body corporate or unincorporate which—

(a)has previously been a registered person; and

(b)has been removed from the register (otherwise than at its own request).

(6)DBS may refuse the application.

120ABProcedure for cancellation or suspension under section 120AA#

(1)Before cancelling or suspending a person’s registration by virtue of section 120AA, the Secretary of StateDBS must send himits written notice of his intention to do so.

(2)Every such notice must—

(a)give the Secretary of State’sDBS's reasons for proposing to cancel or suspend the registration, and

(b)inform the person concerned of his right under subsection (3) to make representations.

(3)A person who receives such a notice may, within 21 days of service, make representations in writing to the Secretary of StateDBS as to why the registration should not be cancelled or suspended.

(4)After considering such representations, the Secretary of StateDBS must give the registered person written notice—

(a)that at the end of a further period of six weeks beginning with the date of service, the person’s registration will be cancelled or suspended, or

(b)that heit does not propose to take any further action.

(5)If no representations are received within the period mentioned in subsection (3) the Secretary of StateDBS may cancel or suspend the person’s registration at the end of the period mentioned in that subsection.

(6)Subsection (1) does not prevent the Secretary of StateDBS from imposing on the registered person a lesser sanction than that specified in the notice under that subsection.

(7)Any notice under this section that is required to be given in writing may be given by being transmitted electronically.

(8)This section does not apply where—

(a)the Secretary of StateDBS is satisfied, in the case of a registered person other than a body, that the person has died or is incapable, by reason of physical or mental impairment, of acting as the registered person in relation to applications under this Part, or

(b)the registered person has requested to be removed from the register.

(9)The Secretary of State may by regulations amend subsection (4)(a) by substituting for the period there specified, such other period as may be specified in the regulations.

120ACRegistered persons: information on progress of an application#

(1)DBS must, in response to a request from a person who is acting as the registered person in relation to an application under section 113A or 113B, inform that person whether or not a certificate has been issued in response to the application.

(2)Subsections (3) and (4) apply if, at the time a request is made under subsection (1), a certificate has been issued.

(3)In the case of a certificate under section 113A, if it was a certificate stating that there is no relevant matter recorded in central records, DBS may inform the person who made the request that the certificate was such a certificate.

(4)In the case of a certificate under section 113B, if it was a certificate—

(a)stating that there is no relevant matter recorded in central records and no information provided in accordance with subsection (4) of that section, and

(b)if section 113BA(1) or 113BB(1) applies to the certificate, containing no suitability information indicating that the person to whom the certificate is issued—

(i)is barred from regulated activity relating to children or to vulnerable adults, or

(ii)is subject to a direction under 128 of the Education and Skills Act 2008 or section 167A of the Education Act 2002,

DBS may inform the person who made the request that the certificate was such a certificate.

(5)If no certificate has been issued, DBS must inform the person who made the request of such other matters relating to the processing of the application as DBS considers appropriate.

(6)Subject to subsections (2) to (4), nothing in this section permits DBS to inform a person who is acting as the registered person in relation to an application under section 113A or 113B of the content of any certificate issued in response to the application.

(7)DBS may refuse a request under subsection (1) if it is made after the end of a prescribed period beginning with the day on which the certificate was issued.

(8)In this section—• “central records” and “relevant matter” have the same meaning as in section 113A,• “suitability information” means information required to be included in a certificate under section 113B by virtue of section 113BA or 113BB.

(9)Expressions in subsection (4)(b) and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in that paragraph as in that Act.

120ADRegistered persons: copies of certificates in certain circumstances#

(1)Subsection (2) applies if—

(a)DBS gives up-date information in relation to a criminal record certificate or enhanced criminal record certificate,

(b)the up-date information is advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, and

(c)the person whose certificate it is in respect of which the up-date information is given applies for a new criminal record certificate or (as the case may be) enhanced criminal record certificate.

(2)DBS must, in response to a request made within the prescribed period by the person who is acting as the registered person in relation to the application, send to that person a copy of any certificate issued in response to the application if the registered person—

(a)has counter-signed the application or transmitted it to DBS under section 113A(2A) or 113B(2A),

(b)has informed DBS that the applicant for the new certificate has not, within such period as may be prescribed, sent a copy of it to a person of such description as may be prescribed, and

(c)no prescribed circumstances apply.

(3)The power under subsection (2)(b) to prescribe a description of person may be exercised to describe the registered person or any other person.

(4)In this section “up-date information” has the same meaning as in section 116A.

120ZARegulations about registration#

(1)The Secretary of State may by regulations make further provision about registration.

(2)Regulations under this section may in particular make provision for—

(a)the payment of fees,

(b)the information to be included in the register,

(c)the registration of any person to be subject to conditions,

(d)the nomination by—

(i)a body corporate or unincorporate, or

(ii)a person appointed to an office by virtue of any enactment,

of the individuals authorised to act for it or, as the case may be, him in relation to the countersigning of applications under this Part or the transmitting of applications under section 113A(2A) or 113B(2A), and

(e)the refusal by the Secretary of StateDBS, on such grounds as may be specified in or determined under the regulations, to accept or to continue to accept the nomination of a person as so authorised.

(3)The provision which may be made by virtue of subsection (2)(c) includes provision—

(a)for the registration or continued registration of any person to be subject to prescribed conditions or, if the regulations so provide, such conditions as the Secretary of StateDBS thinks fit, and

(b)for the Secretary of StateDBS to vary or revoke those conditions.

(4)The conditions imposed by virtue of subsection (2)(c) may in particular include conditions—

(a)requiring a registered person, before acting as the registered person in relation to an application at an individual’s request, to verify the identity of that individual in the prescribed manner,

(b)requiring an application under section 113A or 113B to be transmitted by electronic means to the Secretary of StateDBS by the person who acts as the registered person in relation to the application, and

(c)requiring a registered person to comply with any code of practice for the time being in force under section 122.

120ZBRegulations about registration#

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121Performance by constables on central service in Scotland of functions under this Part.#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

122Code of practice.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(1A)It shall be a defence for a person charged with and offence under paragraph (1) to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.

(3)An agreement made under section 42(4)^note of, or under section 28^note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(3A)Where a company purchases one or more of its own shares in circumstances in which Article 172A applies—

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(3B)For the purposes of subsection (3A) of this section, and section 10A, the person responsible is—

122ADelegation of functions of Secretary of State#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(3)An agreement made under section 42(4)^note of, or under section 28^note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.

122BDelegation of functions of Scottish Ministers#

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123Offences: falsification, &c.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.

(3)An agreement made under section 42(4)^note of, or under section 28^note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.

124Offences: disclosure.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.

(3)An agreement made under section 42(4)^note of, or under section 28^note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(4)Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (3).

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(6)Regulations shall be subject to negative resolution.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(e)make provision for the recovery of sums due to the legal aid fund and for making effective the charge created by this Part on property recovered or preserved for a person receiving legal aid, advice or assistance including provision—

(f)a resolution of a company to give, vary, revoke or renew an authority to the directors for the purposes of Article 90 (allotment of relevant securities);

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

124AFurther offences: disclosure of information obtained in connection with delegated function#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(3)An agreement made under section 42(4)^note of, or under section 28^note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(e)make provision for the recovery of sums due to the legal aid fund and for making effective the charge created by this Part on property recovered or preserved for a person receiving legal aid, advice or assistance including provision—

(4)Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (3).

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(6)Regulations shall be subject to negative resolution.

(6A)Regulations under this section shall include provision for securing that lone parents are entitled (subject to meeting any prescribed conditions) to restrict the times at which they are required to undertake work-related activity.

124BScottish annotated list of certificated persons#

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125Regulations.#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(1A)It shall be a defence for a person charged with and offence under paragraph (1) to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.

(3)An agreement made under section 42(4)^note of, or under section 28^note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.

(4)Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (3).

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(6)Regulations shall be subject to negative resolution.

125AForm of applications#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

125BForm of applications#

(1)The Secretary of StateDBS may determine the form, manner and contents of an application for the purposes of any provision of this Part.

(2)A determination may, in particular, impose requirements about the form or manner in which an electronic application is to be signed or countersigned.

(3)In this section “application” includes a request under section 116A(1), 120AC(1) or 120AD(2).

126Interpretation of Part V.#

(1)In this Part—• “caution” means a caution given to a person in England and Wales or Northern Ireland in respect of an offence which, at the time when the caution is given, he has admitted;• “certificate” means any one or more documents issued in response to a particular application but does not include any documents issued in response to—(a) a request under section 116A(1),(b) an application as mentioned in section 116A(4)(a) or (5)(a), or(c) a request under section 120AC or 120AD;• “chief officer” means—(i) a chief officer of police of a police force in England and Wales,(ii) the chief constable of the Police Service of Scotland, and(iii) the Chief Constable of the Police Service of Northern Ireland;• “DBS” means the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012;• “the Department” means the Department of Justice in Northern Ireland;• “government department” includes a Northern Ireland department;• “Minister of the Crown” includes a Northern Ireland department;• “police authority” means—(i) the Scottish Police Authority, and(ii) the Northern Ireland Policing Board;• “police force” means—(i) a police force in Great Britain, and(ii) the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve;• “prescribed” shall be construed in accordance with section 125(1);• “tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.

(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.

(3)An agreement made under section 42(4)^note of, or under section 28^note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.

(4)Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (3).

126APart 5: Modifications for Northern Ireland#

(1)Subject to paragraph (2), a person who sells to a person^note. . . under the age of 18 any tobacco product, herbal smoking product or cigarette papers, whether for his own use or not, shall be guilty of an offence.

(2)The property and income transferred under paragraph (1) shall be held by the Health and Social Services Board and administered by that Board in accordance with the terms of the agreement made between the authority concerned and the organisation or, as the case may be, the trustees.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(3)An agreement made under section 42(4)^note of, or under section 28^note of, the said Acts of 1971 may be varied in the like manner and subject to the like consents and conditions as are provided for in, or by virtue of, that section.

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(4)Where the Attorney-General is satisfied that an organisation is no longer in existence or, as the case may be, the trustees are dead, he may consent to the variation of the terms of an agreement under paragraph (3).

(a)a person's right to be indemnified against expenses incurred in connection with any proceedings arises by virtue of an agreement and is subject to any express condition conferring on those liable thereunder any right with respect to the bringing or conduct of the proceedings; and

(b)those liable to have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity;

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(c)for the purpose of facilitating the proper performance by the Solicitors Disciplinary Tribunal of its functions under the Solicitors (Northern Ireland) Order 1976 in respect of a complaint made to it under Article 44(1)(g) of that Order or in connection with the making of an order under Article 51B(1) or (3) of that Order.

(i)is not resident in Northern Ireland; or

(ii)is concerned in a representative, fiduciary or official capacity; or

(d)of any tribunal, consult any rules committee or similar body by whom or on whose advice rules of procedure for the tribunal may be made apart from this Part, or whose consent or concurrence is required for any rules so made.

(5)Nothing in paragraphs (3) and (4) shall be taken as depriving any person or body of persons of the protection of any statutory provision or, save as provided in paragraph (4), as conferring any larger right to recover money for the benefit of the legal aid fund in respect of any expenses than the person receiving legal aid, advice or assistance would have had if the expenses had been incurred by him.

(6)Regulations shall be subject to negative resolution.

(7)References in this Article and Article 17 to legal aid include references to assistance by way of representation.

(8)The Law Society shall as soon as possible after the end of each financial year make an annual report to the Lord Chancellor on the operation and finance of this Part during that year.

(9)The Lord Chancellor shall lay before Parliament a copy of each report of the Law Society.

(10)The Lord Chancellor or the Commission may publish an authorisation under paragraph (2)(b), or an authorisation varying or revoking such an authorisation, if the Lord Chancellor or the Commission considers it appropriate to do so.

126ZAProtected convictions#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

126ZBOffences in schedules 8A and 8B#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

127Saving: disclosure of information and records.#

Nothing in sections 112 to 119 shall be taken to prejudice any power which exists apart from this Act to disclose information or to make records available.

Part VI · Miscellaneous

Amendments of Police Act 1996

128Regulations for special constables and police cadets.#

(1)In section 51 of the ^notePolice Act 1996 (regulations for special constables), after subsection (3) there shall be inserted—“3A In relation to any matter as to which provision may be made by regulations under this section, the regulations may—a authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, police authorities, chief officers of police or other persons, orb authorise or require the delegation by any person of functions conferred on that person by or under the regulations.”

(2)In section 52 of that Act (regulations for police cadets) after subsection (1) there shall be inserted—“1A In relation to any matter as to which provision may be made by regulations under this section, the regulations may—a authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, police authorities, chief officers of police or other persons, orb authorise or require the delegation by any person of functions conferred on that person by or under the regulations.”

129Change of name or description of certain police areas.#

In Schedule 1 to the Police Act 1996 (police areas for England and Wales except London)—

(a)in the entry in the first column for “Humberside” there shall be substituted “ Humber ”;

(b)in the entry in the second column opposite the name of the Dyfed Powys police area for “Cardiganshire” there shall be substituted “ Ceredigion ”;

(c)for the entry in that column opposite the name of the North Wales police area there shall be substituted—“”

(d)in the entry in that column opposite the name of the South Wales police area for “Neath and Port Talbot” there shall be substituted “ Neath Port Talbot ”.

Amendments of Police Act (Northern Ireland) 1970

130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .#

Part VII · General

133AMeaning of “prevention” and “detection”.#

Section 81(5) of the Regulation of Investigatory Powers Act 2000 (meaning of “prevention” and “detection”) shall apply for the purposes of this Act as it applies for the purposes of that Act.

134Amendments and repeals.#

(1)Schedule 9 (minor and consequential amendments) shall have effect.

(2)The enactments mentioned in Schedule 10 are hereby repealed to the extent specified in the third column of that Schedule.

135Commencement.#

(1)The preceding provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(2)An order under this section may—

(a)appoint different days for different purposes or different areas, and

(b)make transitional provision and savings (including provision modifying this Act).

(3)An order under this section may, in relation to Part I, II or IV make provision—

(a)for the transfer and apportionment of property and for the transfer, apportionment and creation of rights and liabilities;

(b)for the transfer of members of police forces in Great Britain, members of the Police Service of Northern Ireland and other persons;

(c)for the Secretary of State, or any other person nominated by or in accordance with the order, to determine any matter requiring determination under or in consequence of the order;

(d)as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (c).

(4)Any day appointed by an order under this section for the coming into force of section 93, 94 or 95 of this Act shall not be earlier than the day on which a code of practice issued under section 101 comes into operation.

(5)A statutory instrument containing provisions made by virtue of subsection (2)(b) or (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

136Police: co-operation on implementation.#

It shall be the duty of police authorities for areas in Great Britain, and the Northern Ireland Policing Board, and their staff to co-operate with each other, and generally to exercise their functions, so as to facilitate the implementation of Parts I and II of this Act and any transfer of property or staff made by an order under section 135.

137Extent.#

(1)Subject to subsections (2) to (4), this Act extends throughout the United Kingdom.

(2)The following provisions of this Act extend to England and Wales only—

(a)Part II;

(b)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)sections 128 and 129.

(3)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The amendments in Schedules 6 and 9, and the repeals in Schedule 10, have the same extent as the enactments to which they refer.

138Short title.#

This Act may be cited as the Police Act 1997.

Schedule 1 · Appointment of Members of the Service Authorities

Part I · Core Members

(1)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(6A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(6B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part II · Additional Members of NCIS Service Authority

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(7A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(7B)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part III · Additional Members of NCS Service Authority

(9)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(10)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Part IV · General

Membership of more than one Service Authority by non-core members

(11)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Local authority members

(12)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(13)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Interpretation

(14)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(15)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Schedule 2 · Other Provisions about Members of Service Authorities

Disqualification

(1)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Tenure of office

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(9)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(10)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Chairman

(11)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Eligibility for re-appointment

(12)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Eligibility to vote

(13)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(14)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Validity of acts

(15)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Allowances

(17). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(17A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Co-opted Members

(18). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Interpretation

(19)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Schedule 2A · Further provisions about Service Authorities

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Schedule 3 · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Decisions of Service Authority

(1)

(1)Where an order under section 17 requires the NCIS Service Authority to determine the total amount of the levies which it proposes to issue under that section for any financial year, that determination shall not be made except by a decision which—

(a)is made only by independent members and police authority members of the NCIS Service Authority, and

(b)complies with sub-paragraphs (2) and (3).

(2)A decision complies with this sub-paragraph only if a majority of the members making the decision (whether or not approving it) are police authority members of the Authority.

(3)A decision complies with this sub-paragraph only if the members approving it include more than half of the independent members and more than half of the police authority members of the Authority at the time of the decision.

(4)Before making such a determination as is mentioned in sub-paragraph (1) in respect of any financial year, the independent members and police authority members of the Authority shall take account of—

(a)the expenditure which the Director General of NCIS estimates will be incurred in connection with NCIS in the year,

(b)any income which it is estimated will be received by way of charges imposed by the Authority under section 19, or otherwise, in the year,

(c)the financial reserves of the Authority and the reserves which it estimates it will be appropriate to raise in the year for meeting its estimated future expenditure,

(d)the current and proposed level of borrowing of the Authority,

(e)the views of all members of the Authority, and

(f)such other matters as may be prescribed.

(5)In this paragraph “independent members” means members of the Authority appointed by the Secretary of State under paragraph 2 or 8(1)(a) of Schedule 1.

(6)In this paragraph “police authority members” means members appointed—

(a)by the local authority members of police authorities for areas in England and Wales (as defined by paragraph 14 of Schedule 1), ^note. . .

(b)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval by Secretary of State

(2)

(1)Subject to paragraph 3, a levy shall not be issued by the NCIS Service Authority under section 17 in respect of a financial year, unless the Secretary of State has notified the Authority in writing that he approves the total amount of the levies the Authority proposes to issue for that year.

(2)Where the Secretary of State gives an approval under sub-paragraph (1), levies shall not be issued by the Authority in respect of the financial year concerned in excess of the amount so approved.

(3)Before deciding whether to give an approval under sub-paragraph (1), the Secretary of State shall consult—

(a)persons whom he considers to represent the interests of chief officers of police of police forces in England and Wales, and

(b)persons whom he considers to represent the interests of police authorities for areas in England and Wales.

(4)The Secretary of State shall give a copy of any notice sent to the NCIS Service Authority under sub-paragraph (1) to—

(a)each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and

(b)the Metropolitan Police Authority.

Directions

(3)

(1)Where the Secretary of State does not approve, under paragraph 2, the total amount of the levies the NCIS Service Authority proposes to issue for a financial year—

(a)he shall notify the Authority of his decision, and

(b)he may direct the Authority to issue such levies under section 17 for that year as he considers appropriate.

(2)Where the NCIS Service Authority does not, within the prescribed period, make a determination of the total amount of levies it proposes to issue under section 17 in respect of a financial year, the Secretary of State may direct the Authority to issue, under that section, such levies as he considers appropriate.

(3)The NCIS Service Authority shall provide the Secretary of State with such information as he may require to enable him to give a direction under this paragraph.

(4)Before giving a direction under this paragraph, the Secretary of State may take into account any matter he considers relevant.

(5)A direction under this paragraph shall be in writing.

(6)The Secretary of State shall send a copy of any direction under this paragraph to—

(a)each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and

(b)the Metropolitan Police Authority.

Notices

(4)

(1)The NCIS Service Authority shall, within the prescribed period, give notice of any levy to be issued under section 17 to—

(a)the Secretary of State,

(b)each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and

(c)the Metropolitan Police Authority.

(2)A notice under this paragraph shall contain such information as may be prescribed.

Interpretation

(5)In this Schedule “prescribed” means prescribed by an order under section 17.

Schedule 4 · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 5 · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Decisions of Service Authority

(1)

(1)Where an order under section 62 requires the NCS Service Authority to determine the total amount of the levies which it proposes to issue under that section for any financial year, that determination shall not be made except by a decision which—

(a)is made only by independent members and police authority members of the Authority, and

(b)complies with sub-paragraphs (2) and (3).

(2)A decision complies with this sub-paragraph only if a majority of the members making the decision (whether or not approving it) are police authority members of the Authority.

(3)A decision complies with this sub-paragraph only if the members approving it include more than half of the independent members and more than half of the police authority members of the Authority at the time of the decision.

(4)Before making such a determination as is mentioned in sub-paragraph (1) in respect of any financial year, the independent members and police authority members of the Authority shall take account of—

(a)the expenditure which the Director General of the National Crime Squad estimates will be incurred in connection with the Squad in the year,

(b)any income which it is estimated will be received by way of charges imposed by the NCS Service Authority under section 64, or otherwise, in the year,

(c)the financial reserves of the Authority and the reserves which it estimates it will be appropriate to raise in the year for meeting its estimated future expenditure,

(d)the current and proposed level of borrowing of the Authority,

(e)the views of all members of the Authority, and

(f)such other matters as may be prescribed.

(5)In this paragraph “independent members” means members of the Authority appointed by the Secretary of State under paragraph 2 or 10(1)(a) of Schedule 1.

(6)In this paragraph “police authority members” means members appointed—

(a)by the local authority members of police authorities for areas in England and Wales (as defined by paragraph 14 of Schedule 1), ^note. . .

(b)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval by Secretary of State

(2)

(1)Subject to paragraph 3, a levy shall not be issued by the NCS Service Authority under section 62 in respect of a financial year, unless the Secretary of State has notified the Authority in writing that he approves the total amount of the levies the Authority proposes to issue for that year.

(2)Where the Secretary of State gives an approval under sub-paragraph (1), levies shall not be issued by the Authority in respect of the financial year concerned in excess of the amount so approved.

(3)Before deciding whether to give an approval under sub-paragraph (1), the Secretary of State shall consult—

(a)persons whom he considers to represent the interests of chief officers of police of police forces in England and Wales, and

(b)persons whom he considers to represent the interests of police authorities for areas in England and Wales.

(4)The Secretary of State shall give a copy of any notice sent to the Authority under sub-paragraph (1) to—

(a)each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and

(b)the Metropolitan Police Authority.

Directions

(3)

(1)Where the Secretary of State does not approve, under paragraph 2, the total amount of the levies the Authority proposes to issue for a financial year—

(a)he shall notify the Authority of his decision, and

(b)he may direct the Authority to issue such levies under section 62 for that year as he considers appropriate.

(2)Where the NCS Service Authority does not, within the prescribed period, make a determination of the total amount of levies it proposes to issue under section 62 in respect of a financial year, the Secretary of State may direct the Authority to issue, under that section, such levies as he considers appropriate.

(3)The Authority shall provide the Secretary of State with such information as he may require to enable him to give a direction under this paragraph.

(4)Before giving a direction under this paragraph, the Secretary of State may take into account any matter he considers relevant.

(5)A direction under this paragraph shall be in writing.

(6)The Secretary of State shall send a copy of any direction under this paragraph to—

(a)each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and

(b)the Metropolitan Police Authority.

Notices

(4)

(1)The NCS Service Authority shall, within the prescribed period, give notice of any levy to be issued under section 62 to—

(a)the Secretary of State,

(b)each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and

(c)the Metropolitan Police Authority.

(2)A notice under this paragraph shall contain such information as may be prescribed.

Interpretation

(5)In this Schedule “prescribed” means prescribed by an order under section 62.

Schedule 6 · Application to NCS Service Authority of Local Government Enactments

Local Government Act 1972 (c. 70)

(1)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

(1)Section 107 (application to police authorities of provisions relating to the discharge of functions by local authorities) shall be amended as follows.

(2)In subsection (7) for “(a) and (b)” there shall be substituted “ (a), (aa) and (b) ”.

(3)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(1)Section 146A (application to police authorities of miscellaneous powers of local authorities) shall be amended as follows.

(2)In subsection (1)—

(a)for “subsection (1A)” there shall be substituted “ subsections (1A) and (1AA) ”, and

(b)for “shall be” there shall be substituted “ and the Service Authority for the National Crime Squad shall each be ”.

(3)In subsection (1A)—

(a)for “A” there shall be substituted “ Neither a ”,

(b)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the word “not” shall be omitted.

(4)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In section 223 (appearance of local authorities in legal proceedings), in subsection (2), after “1996” there shall be inserted “ and the Service Authority for the National Crime Squad ”.

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government Act 1974 (c. 7)

(11)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

(12)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government, Planning and Land Act 1980 (c. 65)

(14)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

(17). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(18). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government Finance Act 1982 (c. 32)

(19)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(20)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(21). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(22). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government Act 1986 (c. 10)

(23)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(24). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government Act 1988 (c. 9)

Local Government Finance Act 1988 (c. 41)

(27). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(28). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government and Housing Act 1989 (c. 42)

(29)In section 21 of the Local Government and Housing Act 1989, in subsection (1) (definition of local authority for purposes of various provisions relating to their members, officers, staff and committees etc.), in paragraph (g), after “1996” there shall be inserted “ or the Service Authority for the National Crime Squad ”.

(30). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(31). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(32). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 7

Investigation

(1)Where a Commissioner appointed under section 91(1)(b) is required by virtue of section 102 to investigate a complaint, he shall investigate whether an authorisation was given under section 93 in relation to the doing of the act or acts in question in relation to the property concerned (“a relevant authorisation”).

(2)

(1)In a case where the Commissioner determines that a relevant authorisation was given he shall, if sub-paragraph (2), (3) or (4) applies, make a determination in favour of the complainant.

(2)This sub-paragraph applies if the Commissioner is satisfied that there were, at the time the relevant authorisation was given or renewed, no reasonable grounds for believing the matters specified in section 93(2).

(3)This sub-paragraph applies where section 97 did not apply to the relevant authorisation or its renewal, but the Commissioner is satisfied as mentioned in section 103(2).

(4)This sub-paragraph applies if the Commissioner is satisfied that anything has been done in relation to any property of the complainant in pursuance of the relevant authorisation (other than by virtue of section 103(6) or section 104(7)) at a time when there were no reasonable grounds for believing the matters specified in section 93(2).

Report of conclusions

(3)

(1)If the Commissioner makes a determination in favour of the complainant under paragraph 2, he shall—

(a)give notice to the complainant that he has done so, and

(b)make a report of his findings to the authorising officer who gave the authorisation, or in whose absence it was given, and to the Chief Commissioner.

(2)In any other case, the Commissioner shall give notice to the complainant that no determination in his favour has been made on the complaint.

(3)Subject to sub-paragraph (1)(b), the Commissioner shall not give any reasons for the making of, or any refusal to make, a determination in favour of the complainant.

(4)Where—

(a)the Chief Commissioner receives a report of the Commissioner’s findings under paragraph 3(1)(b), and

(b)no appeal is made against the determination in favour of the complainant,

the Chief Commissioner shall, under section 107(2), make a report of those findings to the Prime Minister and to the Scottish Ministers.

Remedies

(5)

(1)Where the Commissioner gives a complainant notice that a determination in his favour has been made on the complaint, he may (whether or not he has exercised, or intends to exercise, any of the powers under section 103) direct the authorising officer who gave the authorisation, or in whose absence it was given, to pay the complainant such sum by way of compensation as may be specified in the direction.

(2)Where a direction to pay compensation has been made under sub-paragraph (1), it shall not become operative until—

(a)the period for appealing against the determination in favour of the complainant has expired, and

(b)where such an appeal is made, a decision dismissing it has been made by the Chief Commissioner.

(6)Any compensation which the Commissioner directs the authorising officer to pay under paragraph 5 shall be paid—

(a)in the case of an authorising officer within paragraph (a), (b) or (c) of subsection (5) of section 93, out of the police fund,

(b)in the case of an authorising officer within paragraph (d) of that subsection, by the police authority or, as the case may be, the joint police board (within the meaning of the ^notePolice (Scotland) Act 1967),

(c)in the case of an authorising officer within paragraph (e) of that subsection, by the Police Authority for Northern Ireland,

(d)in the case of an authorising officer within paragraph (f) or (g) of that subsection, out of the appropriate service fund established under section 16 or 61, and

(e)in the case of an authorising officer within paragraph (h) of section 93(5), by the Commissioners of Customs and Excise.

Interpretation

(7)The references in this Schedule to the authorising officer who gave the authorisation or in whose absence it was given shall, in the case of an authorisation given by or in the absence of a person within paragraph (b) or (e) of section 93(5), be construed as references to the Commissioner of Police or, as the case may be, the Chief Constable mentioned in the paragraph concerned.

Schedule 8 · The Police Information Technology Organisation

Constitution

(1)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Members

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Staff, &c.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Committees

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Proceedings

(9)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(10)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(11)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Evidence

(12)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Money

(13)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(13A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(14)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(15)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

(16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Annual report

(17). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Status of the Organisation

(18). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Schedule 8A · Offences which must be disclosed unless a sheriff orders otherwise

Other

(58)An offence, the conviction for which indicates that it was committed against a child.

(59)An offence, the conviction for which indicates that it included a sexual element.

(59A)An offence of assault the conviction for which indicates that it resulted in any of the following—

(a)disability,

(b)disfigurement (permanent or otherwise),

(c)impairment (permanent or otherwise).

(60)An offence committed by aiding, abetting, counselling, procuring or inciting the commission of the offence of murder or any offence listed in paragraphs 1 to 59A of this schedule.

(61)An offence committed by attempting or conspiring to commit the offence of murder or any offence listed in paragraphs 1 to 59A of this schedule.

(62)An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 61 of this schedule (and any qualification in relation to a listed offence applies to the superseded offence as it applies to the listed offence).

(63)An offence which was charged, and the conviction for which was received, in conjunction with any offence listed in paragraphs 1 to 62 of this schedule.

(64)An offence under the law of England and Wales or Northern Ireland, or any country or territory outside the United Kingdom, which corresponds to any offence listed in paragraphs 1 to 63 of this schedule.

Common law offences

(1)Abduction.

(2)Abortion.

(3)Assault to the danger of life.

(4)Assault to severe injury.

(5)Assault with intent to rape or ravish.

(6)Assault with intent to commit the statutory offence of rape.

(7)Bestiality.

(8)Cruel and unnatural treatment of persons.

(9)Culpable homicide.

(9A)Defeating the ends of justice.

(10)Drugging.

(10A)Embezzlement.

(11)Extortion.

(12)Hamesucken.

(12A)Housebreaking with intent to steal.

(13)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13A)Perverting the course of justice (by whatever means and however the offence is described), including in particular—

(a)false accusation of a crime,

(b)perjury,

(c)prevarication on oath,

(d)prison breaking,

(e)subornation of perjury.

(14)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15)Plagium.

(16)Reset of plagium.

(16A)Robbery.

(16B)Wilful fire-raising.

(17). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(18). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Statutory offences

(19)An offence under section 42 of the Armed Forces Act 2006 (criminal conduct) where the corresponding offence under the law of England and Wales is, or corresponds to, an offence listed in this schedule.

(20). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(21). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(21A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(22). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(23). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(23A)An offence under the Bribery Act 2010.

(24)An offence under section 12 of the Children and Young Persons (Scotland) Act 1937 (cruelty to persons under 16).

(24A)An offence under section 3ZA of the Computer Misuse Act 1990 (unauthorised acts causing, or creating risk of, serious damage).

(24B)An offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship).

(24C)An offence under section 2 of the Domestic Abuse (Scotland) Act 2011 (breach of domestic abuse interdict with power of arrest).

(24D)An offence under section 1 of the Domestic Abuse (Scotland) Act 2018 (abusive behaviour towards partner or ex-partner).

(25)An offence under the Explosive Substances Act 1883.

(25A)An offence under section 44 of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements and declarations).

(25B)An offence under section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public).

(26)An offence under any of the following provisions of the Firearms Act 1968—

(a)section 4 (conversion of weapons);

(b)section 5 (weapons subject to a general prohibition);

(c)section 16 (possession of firearm with intent to injure);

(d)section 16A (possession of firearm with intent to cause fear or violence);

(e)section 17 (use of firearm to resist arrest);

(f)section 18 (carrying firearm with criminal intent);

(g)section 19 (carrying firearm in a public place);

(h)section 20 (trespassing with firearm);

(i)section 21 (possession of firearm by persons previously convicted of crime);

(j)section 24 (supplying firearms to minors);

(k)section 25 (supplying firearm to person drunk or insane);

(l)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(o). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(p). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q)section 46(5) (power of search with warrant);

(r)section 47 (powers of constables to stop and search); and

(s)section 48 (production of certificates).

(27)An offence under the Chemical Weapons Act 1996.

(27A)An offence under section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon).

(27B)An offence under section 9 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (offence of breaching order).

(28)An offence under section 122 of the Anti-social Behaviour, Crime and Policing Act 2014 (offence of forced marriage: Scotland).

(28A)An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981—

(a)Part 1 (forgery and kindred offences),

(b)section 14 (offences of counterfeiting notes and coins),

(c)section 15 (offences of passing etc. counterfeit notes and coins),

(d)section 16 (offences involving custody or control of counterfeit notes and coins),

(e)section 17 (offences involving the making or custody or control of counterfeiting materials and implements).

(28B)An offence under section 234A of the Criminal Procedure (Scotland) Act 1995 (non-harassment orders).

(28C)An offence under any of the following provisions of the Protection from Harassment Act 1997—

(a)section 2 (offence of harassment),

(b)section 2A (offence of stalking),

(c)section 4 (putting people in fear of violence),

(d)section 4A (stalking involving fear of violence or serious alarm or distress),

(e)section 9 (breach of non-harassment order).

(28D)An offence under any of the following provisions of the Health and Care Act 2022—

(a)section 140 (offence of virginity testing: Scotland),

(b)section 141 (offence of offering to carry out virginity testing: Scotland),

(c)section 142 (offence of aiding or abetting etc. a person to carry out virginity testing: Scotland),

(d)section 152 (offence of carrying out hymenoplasty: Scotland),

(e)section 153 (offence of offering to carry out hymenoplasty: Scotland),

(f)section 154 (offence of aiding or abetting etc. a person to carry out hymenoplasty: Scotland).

(29)An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc.).

(30)An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation).

(31)An offence under section 47 of the Criminal Justice and Licensing (Scotland) Act 2010 (slavery, servitude and forced or compulsory labour).

(31A)An offence under section 3A of the Female Genital Mutilation Act 2003 (offence of failing to protect girl from risk of genital mutilation).

(32)An offence under the Prohibition of Female Genital Mutilation (Scotland) Act 2005.

(32A)An offence under any of the following provisions of the Human Trafficking and Exploitation (Scotland) Act 2015—

(a)section 1 (offence of human trafficking),

(b)section 4 (slavery, servitude, and forced or compulsory labour),

(c)section 32(1) (breach of certain orders).

(32B)An offence under any of the following provisions of the Insolvency Act 1986—

(a)section 206 (fraud, etc. in anticipation of winding up),

(b)section 207 (transactions in fraud of creditors),

(c)section 208 (misconduct in course of winding up),

(d)section 209 (falsification of company’s books),

(e)section 210 (material omissions from statement relating to company’s affairs),

(f)section 211 (false representations to creditors).

(33)An offence under section 10Z9 of the National Health Service (Scotland) Act 1978 (offences in relation to registration).

(34)An offence under any of the following provisions of the Medical Act 1983—

(a)section 49 (penalty for pretending to be registered); and

(b)section 49A (penalty for pretending to hold a licence to practise).

(34A)An offence under any of the following provisions of the Dentists Act 1984—

(a)section 38 (prohibition on practice of dentistry by laymen),

(b)section 39 (prohibition on use of practitioners’ titles by laymen).

(34B)An offence under section 28(1) of the Opticians Act 1989 (penalty for pretending to be registered etc.).

(34C)An offence under section 32 of the Osteopaths Act 1993 (offences).

(34D)An offence under section 32 of the Chiropractors Act 1994 (offences).

(34E)An offence under article 39 of the Health Professions Order 2001 (offences).

(34F)An offence under article 44 of the Nursing and Midwifery Order 2001.

(34G)An offence under article 19 of the Anaesthesia Associates and Physician Associates Order 2024 (offences relating to registration etc.).

(35)An offence under article 38 (offences relating to the Register) of the Pharmacy Order 2010.

(36)An offence under any of the following provisions of the Medicines Act 1968—

(a)section 67(1A) and (1B) (offences under Part III); and

(b)section 78 (restrictions on use of titles, descriptions and emblems).

(36A)An offence under sections 1 to 4, 12, 13, 17 or 18 of the National Security Act 2023.

(37)An offence under the Official Secrets Act 1911.

(37A)An offence under the Official Secrets Act 1920.

(37B)An offence under the Official Secrets Act 1989

(37C)An offence under any of the following provisions of the Proceeds of Crime Act 2002—

(a)Part 7 (money laundering), other than section 339(1A),

(b)Part 8 (investigations).

(38)An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—

(a)section 7 (procuring);

(aa)section 9 (permitting girl to use premises for intercourse);

(b)section 11 (trading in prostitution and brothel-keeping); ^note...

(c)section 12 (allowing child to be in brothel);

(d)section 13(9) (living on the earnings of another from male prostitution).

(39)An offence under any of the following provisions of the Road Traffic Act 1988—

(a)section 1 (causing death by dangerous driving);

(b)section 3ZC (causing death by driving: disqualified drivers); and

(c)section 3A (causing death by careless driving when under influence of drink or drugs).

(39A)An offence under section 67 of the Serious Organised Crime and Police Act 2005 (offences in connection with disclosure notices or search warrants).

(40)An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—

(a)section 28 (involvement in serious organised crime);

(b)section 30 (directing serious organised crime); and

(c)section 31 (failure to report serious organised crime).

(41)An offence under section 50(3) of the Customs and Excise Management Act 1979 (penalty for improper importation of goods) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876, but only where the prohibited goods include indecent photographs of persons.

(41A)An offence under section 51A of the Civic Government (Scotland) Act 1982 (extreme pornography).

(42)A sexual offence within the meaning given by section 210A(10) of the Criminal Procedure (Scotland) Act 1995 other than an offence mentioned in paragraph (xxvii)(ZF) or (ZG) of that section (engaging while an older child in sexual conduct with or towards another older child).

(43)An offence under any of the following provisions of the Sexual Offences Act 2003—

(a)section 67A (voyeurism: additional offences),

(b)section 103I (breach of sexual harm prevention order or interim sexual harm prevention order),

(c)section 113 (breach of sexual offences prevention order or interim sexual offences prevention order, etc.),

(d)section 122H (breach of sexual risk order or interim sexual risk order).

(44)An offence under section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (offence: breach of RSHO or interim RSHO etc.).

(44A)An offence under any of the following provisions of the Sexual Offences (Scotland) Act 2009—

(a)section 54 (incitement to commit certain sexual acts outside Scotland),

(b)section 54A (offences committed outside Scotland),

(c)section 55 (offences committed outside the United Kingdom; child victims).

(44B)An offence under section 69 of the Serious Crime Act 2015 (possession of paedophile manual).

(44C)An offence under any of the following provisions of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016—

(a)section 2 (disclosing, or threatening to disclose, an intimate photograph or film),

(b)section 24 (breach of sexual harm prevention order or interim sexual harm prevention order),

(c)section 34 (breach of sexual risk order or interim sexual risk order),

(d)section 37 (breach of orders equivalent to orders in Chapters 3 and 4).

(44D)An offence under the Solicitors (Scotland) Act 1980.

(45)An offence under section 50A of the Criminal Law (Consolidation) (Scotland) Act 1995 (racially aggravated harassment).

(46)An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)section 39 (offence of stalking).

(46A)An offence under any of the following provisions of the Criminal Finances Act 2017—

(a)section 45(1) (failure to prevent facilitation of UK tax evasion offences),

(b)section 46(1) (failure to prevent facilitation of foreign tax evasion offences).

(47)An offence under any of the following provisions of the Terrorism Act 2000—

(a)section 11 (membership);

(b)section 12 (support);

(c)section 15 (fund-raising);

(d)section 16 (use and possession);

(e)section 17 (funding arrangements);

(f)section 17A(2) or (4) (insurance payments made in response to terrorist demands);

(g)section 18 (money laundering);

(h)section 19 (disclosure of information: duty);

(i)section 21A (failure to disclose: regulated sector);

(j)section 21D (tipping off: regulated sector);

(k)section 38B (information about acts of terrorism);

(l)section 39 (disclosure of information, &c.);

(m)section 54 (weapons training);

(n)section 56 (directing terrorist organisation);

(o)section 57 (possession for terrorist purposes);

(p)section 58 (collection of information);

(q)section 58A (eliciting, publishing or communicating); ^note...

(qa)section 58B (entering or remaining in a designated area);

(r)section 61 (inciting terrorism overseas);

(48)An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—

(a)section 47 (use etc. of nuclear weapons);

(b)section 50 (assisting or inducing certain weapons-related acts overseas);

(c)section 52 (powers of entry);

(d)section 54 (offences);

(e)section 67 (offences);

(f)section 79 (prohibition of disclosures relating to nuclear security);

(g)section 80 (prohibition of disclosures of uranium enrichment technology);

(h)section 113 (use of noxious substances or things to cause harm and intimidate);

(i)section 114 (hoaxes involving noxious substances or things); and

(j)paragraph 7 of Schedule 3 (offences).

(49)An offence under the Terrorism Act 2006.

(50)An offence under any of the following provisions of the Counter-Terrorism Act 2008—

(a)section 2 (offence of obstruction);

(b)section 54 (offences relating to notification);

(c)paragraph 15 of Schedule 5 (breach of foreign travel restriction order and offence);

(d)paragraph 30 of Schedule 7 (offences: failure to comply with requirement imposed by direction);

(e)paragraph 30A of Schedule 7 (offences: relevant person circumventing requirements); and

(f)paragraph 31 of Schedule 7 (offences in connection with licences).

(51)An offence under section 113(1) of the Criminal Justice and Immigration Act 2008 (breach of violent offender order or interim violent offender order).

(52)An offence under section 83 of the Adults with Incapacity (Scotland) Act 2000 (offence of ill-treatment and wilful neglect).

(53)An offence under section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (ill-treatment and wilful neglect of mentally disordered person).

(54)An offence under any of the following provisions of the Protection of Vulnerable Groups (Scotland) Act 2007—

(a)section 34 (barred individuals not to do regulated work);

(b)section 35 (organisations not to use barred individuals for regulated work); and

(c)section 36 (personnel suppliers not to supply barred individuals for regulated work).

(55)Any offence where the conduct in respect of which the person was convicted also constituted a breach of a banning order granted under section 19 of the Adult Support and Protection (Scotland) Act 2007 (banning orders).

(55A)An offence under section 26 of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (care worker offence).

(56)An offence under any of the following provisions of the Serious Organised Crime and Police Act 2005—

(a)section 86 (offence of disclosing information about protection arrangements); and

(b)section 88 (offences of disclosing information relating to persons assuming new identity).

(57)An offence in relation to which any of the following provisions apply—

(a)section 29(1) of the Criminal Justice and Licensing (Scotland) Act 2010 (offences aggravated by connection with serious organised crime); ^note...

(b)section 31 of the Counter-Terrorism Act 2008 (offences aggravated by terrorism.

(c)section 5 of the Human Trafficking and Exploitation (Scotland) Act 2015 (aggravation by connection with human trafficking activity);

(d)section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (offences aggravated by involving abuse of partner or ex-partner).

Schedule 8B · Offences which are to be disclosed subject to rules

Other

(114)An offence (other than an offence listed in schedule 8A or in paragraph 112 of this schedule), the conviction for which indicates that it included an element of racial prejudice or was racially motivated.

(115)An offence (other than an offence listed in schedule 8A or in paragraph 112 of this schedule), the conviction for which indicates that it included an element of religious prejudice or was motivated by religious prejudice.

(116)An offence committed by aiding, abetting, counselling, procuring or inciting the commission of any offence listed in paragraphs 1 to 115 of this schedule.

(117)An offence committed by attempting or conspiring to commit any offence listed in paragraphs 1 to 115 of this schedule.

(118)An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 117 of this schedule (and any qualification in relation to a listed offence applies to the superseded offence as it applies to the listed offence).

(119)An offence which was charged, and the conviction for which was received, in conjunction with any offence listed in paragraphs 1 to 118 of this schedule.

(120)An offence under the law of England and Wales or Northern Ireland, or any country or territory outside the United Kingdom, which corresponds to any offence listed in paragraphs 1 to 119 of this schedule.

Common law offences

(1)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Assault excluding any assault of a kind listed in Schedule 8A.

(3)Breach of the peace.

(4)Clandestinely taking possession.

(5)Culpable and reckless conduct.

(5A)Culpable and reckless conduct to the danger of life.

(6)Culpable and reckless endangering of the public.

(7)Culpable and reckless fireraising.

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)Fraud.

(10A)Hijacking.

(11)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13)Opening a lockfast place with intent to steal.

(13A)Piracy.

(14)Public indecency.

(15)Reset (excluding reset of plagium).

(16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17)Theft (excluding plagium).

(17A)Treason.

(18)Uttering.

(18A)Uttering threats.

(19)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Statutory offences

(20)An offence under section 49 of the Adult Support and Protection (Scotland) Act 2007 (obstruction).

(21). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(22). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(23). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(24). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(25). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(26). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(27). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(28). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(29). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(30)An offence under section 42 of the Armed Forces Act 2006 (criminal conduct) where the corresponding offence under the law of England and Wales is, or corresponds to, an offence listed in this schedule.

(31)An offence under section 89 of the Police Act 1996 (assaults on constables).

(32)An offence under section 32 of the Commissioners for Revenue and Customs Act 2005 (assault).

(33)An offence under the Emergency Workers (Scotland) Act 2005.

(34)An offence under section 85 of the Fire (Scotland) Act 2005 (false alarms).

(35)An offence under section 90 of the Police and Fire Reform (Scotland) Act 2012 (assaulting or impeding police).

(35A)An offence under the Piracy Act 1837.

(36)An offence under any of the following provisions of the Aviation Security Act 1982—

(a)section 1 (hijacking),

(b)section 2 (destroying, damaging or endangering safety of aircraft),

(c)section 3 (other acts endangering or likely to endanger safety of aircraft),

(d)section 4 (offences in relation to certain dangerous articles).

(36A)An offence under section 9 of the Aviation and Maritime Security Act 1990 (hijacking of ships).

(36B)An offence under article 265 of the Air Navigation Order 2016 in respect of a contravention of article 240 of that Order (endangering safety of an aircraft).

(36C)An offence under any of the following paragraphs of schedule 4 of the Space Industry Act 2018—

(a)paragraph 1 (hijacking of spacecraft),

(b)paragraph 2 (destroying, damaging or endangering safety of spacecraft),

(c)paragraph 3 (other acts of endangering or likely to endanger safety of spacecraft),

(d)paragraph 5 (offences in relation to certain dangerous articles).

(37). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(38). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(39)An offence under any of the following provisions of the Regulation of Care (Scotland) Act 2001—

(a)section 45 (application for registration under Part 3); and

(b)section 52 (use of title “social worker” etc.).

(40)An offence under any of the following provisions of the Public Services Reform (Scotland) Act 2010—

(a)section 80(1) (offences in relation to registration under Chapter 3);

(b)section 81 (false statements in application under Chapter 3); and

(c)section 90 (offences under Chapter 4).

(41)An offence under article 27 of the Public Services Reform (General Teaching Council for Scotland) Order 2011 (offences).

(42)An offence under regulation 19 of the Social Care and Social Work Improvement (Scotland) (Requirements for Care Services) Regulations 2011 (offences).

(43)An offence under the Charities and Trustee Investment (Scotland) Act 2005.

(44)An offence under section 50 of the Child Support Act 1991 (unauthorised disclosure of information).

(45)An offence under section 6 of the Child Abduction Act 1984 (offence in Scotland of parent, etc. taking or sending child out of United Kingdom).

(45A)An offence under any of the following provisions of the Computer Misuse Act 1990—

(a)section 1 (unauthorised access to computer material),

(b)section 2 (unauthorised access with intent to commit or facilitate commission of further offences),

(c)section 3 (unauthorised acts with intent to impair, or with recklessness as to impairing, operation of a computer etc.),

(d)section 3A (making, supplying or obtaining articles for use in an offence under section 1, 3 or 3ZA).

(46)An offence under section 1 of the Crossbows Act 1987 (sale and letting on hire).

(47). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(48)An offence under any of the following provisions of the Misuse of Drugs Act 1971—

(a)section 3 (restriction of importation and exportation of controlled drugs);

(b)section 4 (restriction of production and supply of controlled drugs);

(c)section 4A (aggravation of offence of supply of controlled drug);

(d)section 5(3) (restriction of possession of controlled drugs);

(e)section 6 (restriction of cultivation of cannabis plant);

(f)section 8(a) and (b) (occupiers etc. of premises to be punishable for certain activities taking place there);

(g)section 12 (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners etc. convicted of certain offences);

(h)section 13 (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners in other cases);

(i)section 17 (power to obtain information from doctors, pharmacists etc. in certain circumstances);

(j)section 19 (attempts etc. to commit offences), but only in relation to an offence listed in sub-paragraphs (a) to (i) of this paragraph; and

(k)section 20 (assisting in or inducing commission outside United Kingdom of offence punishable under corresponding law).

(49)An offence under any of the following provisions of the Customs and Excise Management Act 1979 in relation to goods prohibited to be imported or exported under section 3(1) of the Misuse of Drugs Act 1971 (restriction of importation and exportation of controlled drugs)—

(a)section 50(2) or (3) (penalty for improper importation of goods);

(b)section 68(2) (offences in relation to exportation of prohibited or restricted goods); and

(c)section 170 (fraudulent evasion of duty).

(50)An offence under the Criminal Justice (International Co-operation) Act 1990.

(50A)An offence under any of the following provisions of the Psychoactive Substances Act 2016—

(a)section 5 (supplying, or offering to supply, a psychoactive substance),

(b)section 7 (possession of psychoactive substance with the intent to supply),

(c)section 8 (importing or exporting a psychoactive substance),

(d)section 9 (possession of a psychoactive substance in a custodial institution),

(e)section 48 (offence in relation to enforcement officers).

(51)An offence under section 316 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (inducing and assisting absconding etc.).

(52)An offence under section 91 of the Police and Fire Reform (Scotland) Act 2012 (escape from custody).

(53)An offence under the Financial Services and Markets Act 2000.

(54)An offence under the Financial Services Act 2012.

(55)An offence under section 72(1) or (3) of the Fire (Scotland) Act 2005 (offences).

(56)An offence under any of the following provisions of the Firearms Act 1968—

(a)section 1 (requirement of firearms certificate);

(b)section 2 (requirement of certificate for possession of shot guns);

(c)section 3 (business and other transactions with firearms and ammunition firearms);

(d)section 22 (acquisition and possession of firearms by minors); ^note...

(e)section 23 (exceptions from section 22(4)).

(f)section 28A(7) (certificates: supplementary);

(g)section 29 (variation of firearm certificates);

(h)section 30D(3) (revocation of certificates: supplementary);

(i)section 39 (offences in connection with registration);

(j)section 40 (compulsory register of transactions in firearms).

(57)An offence under section 50(5) of the Civic Government (Scotland) Act 1982 (drunk in possession of firearm).

(58)An offence under the Firearms (Amendment) Act 1997.

(59)An offence under any of the following provisions of the Violent Crime Reduction Act 2006—

(a)section 28 (using someone to mind a weapon);

(b)section 32 (sales of air weapons by way of trade or business to be face to face);

(c)section 35 (restriction on sale and purchase of primers); and

(d)section 36 (manufacture, import and sale of realistic imitation firearms).

(59A)An offence under section 31 of the Air Weapons and Licensing (Scotland) Act 2015 (false statements, certificate and permits).

(60)An offence under any of the following provisions of the Food Safety Act 1990—

(a)section 7 (rendering food injurious to health); and

(b)section 9 (inspection and seizure of suspected food).

(61)An offence under regulation 4(b) of the General Food Regulations 2004.

(62). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(63)An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981—

(a)section 18 (offence of reproducing British currency notes),

(b)section 19 (offences of making etc. imitation British coins).

(64)An offence under section 46A of the Criminal Law (Consolidation) (Scotland) Act 1995 (false monetary instruments).

(64A)An offence under the Fraud Act 2006.

(64B)An offence under section 993 of the Companies Act 2006 (offence of fraudulent trading).

(65)An offence under section 49 of the Criminal Justice and Licensing (Scotland) Act 2010 (articles for use in fraud).

(66)An offence under section 92 of the Police and Fire Reform (Scotland) Act 2012 (impersonation etc.).

(67). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(68). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(69). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(70)An offence under any of the following provisions of the Immigration and Asylum Act 1999—

(a)section 105 (false representations);

(b)section 106 (dishonest representations); and

(c)any of the following paragraphs of Schedule 11—

(i)paragraph 1 (obtaining certificates of authorisation by false pretences);

(ii)paragraph 4 (assaulting a detainee custody officer); and

(iii)paragraph 5 (obstructing detainee custody officer).

(d)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(71)An offence under section 35 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (deportation or removal: cooperation).

(72)An offence under section 21 of the Immigration, Asylum and Nationality Act 2006 (offence).

(73)An offence under any of the following provisions of the Insolvency Act 1986—

(a)section 131 (company’s statement of affairs);

(b)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)section 216 (restriction on re-use of company names); and

(e)section 235 (duty to co-operate with office-holder).

(74)An offence under section 2 of the Landmines Act 1998 (prohibited conduct).

(74A)An offence under the Laser Misuse (Vehicles) Act 2018.

(75)An offence under section 67(2) or (3) (offences under Part III) of the Medicines Act 1968.

(76)An offence under any of the following provisions of the Human Medicines Regulations 2012—

(a)regulation 34(1) (offences: breach of regulations and false information and defence concerning starting materials); and

(b)regulation 255(1)(a), (b), (c) or (d) (offences relating to dealings with medicinal products).

(77)An offence under section 318 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (false statements).

(78)An offence under Part 4 (shipping: alcohol and drugs) or Part 5 (aviation: alcohol and drugs) of the Railways and Transport Safety Act 2003.

(79)An offence under section 22 of the Police and Fire Reform (Scotland) Act 2012 (failure to perform duty).

(80)An offence under section 1(1) of the Indecent Displays Act 1981 (indecent displays).

(81)An offence under any of the following provisions of the Civic Government (Scotland) Act 1982—

(a)section 51 (obscene material);

(b)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(82)An offence under section 85(3) of the Postal Services Act 2000 (prohibition on sending certain articles by post).

(83)An offence under section 127(1) of the Communications Act 2003 (improper use of public electronic communications network).

(84)An offence under any of the following provisions of the Children and Young Persons (Scotland) Act 1937—

(a)section 15 (causing or allowing persons under 16 to be used for begging);

(b)section 22 (exposing children under seven to risk of burning);

(c)section 31(1) (penalties and legal proceedings in respect of general provisions as to employment);

(d)section 33 (prohibition of persons under sixteen taking part in performances endangering life or limb); and

(e)section 34 (restrictions on training for performances of a dangerous nature).

(85)An offence under section 40(1) of the Children and Young Persons Act 1963 (offences).

(86)An offence under section 50(2) of the Civic Government (Scotland) Act 1982 (drunk in charge of a child).

(87)An offence under section 81 of the Children (Scotland) Act 1995 (offences in connection with orders etc. for the protection of children).

(88)An offence under any of the following provisions of the Children’s Hearings (Scotland) Act 2011—

(a)section 59 (offences); and

(b)section 171 (offences related to absconding).

(88A)An offence under section 75 of the Age of Criminal Responsibility (Scotland) Act 2019.

(89). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(90)An offence under the Restriction of Offensive Weapons Act 1959.

(91)An offence under section 50(3) (penalty for improper importation of goods) or section 170 (fraudulent evasion of duty) of the Customs and Excise Management Act 1979 in relation to goods prohibited to be imported under—

(a)section 1(2) of the Restriction of Offensive Weapons Act 1959 (penalties for offences in connection with dangerous weapons); or

(b)section 141(4) of the Criminal Justice Act 1988 (offensive weapons).

(92)An offence under any of the following provisions of the Criminal Justice Act 1988—

(a)section 141 (offensive weapons); and

(b)section 141A (sale of knives and certain articles with blade or point to persons under eighteen).

(93)An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—

(a)section 47 (prohibition of the carrying of offensive weapons);

(b)section 48 (search for offensive weapons);

(c)section 49 (offence of having in a public place an article with a blade or point);

(d)section 49A (offence of having article with blade or point (or offensive weapon) on school premises);

(e)section 49C (offence of having offensive weapon etc. in prison); and

(f)section 50 (extension of constable’s power to stop, search and arrest without warrant).

(93A)An offence under any of the following provisions of the Offensive Weapons Act 2019—

(a)section 1 (sale of corrosive products to persons under 18),

(b)section 6 (offence of having a corrosive substance in a public place),

(c)section 11(5) (offences of obstruction and concealment relating to a search for corrosive substances: Scotland).

(94). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(95). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(96). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(97)An offence under any of the following provisions of the Proceeds of Crime Act 2002—

(a)section 339(1A) (making disclosures otherwise than in the prescribed form and manner);

(b)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)section 453A (certain offences in relation to financial investigators).

(98)An offence under the Proceeds of Crime Act 2002 (External Investigations) Order 2013.

(99)An offence under the Proceeds of Crime Act 2002 (External Investigations) (Scotland) Order 2015.

(100). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(101)An offence under the Prostitution (Public Places) (Scotland) Act 2007.

(102)An offence under any of the following provisions of the Public Order Act 1986—

(a)section 1 (riot);

(b)section 2 (violent disorder);

(c)section 3 (affray);

(d)section 4 (fear or provocation of violence);

(e)section 4A (intentional harassment, alarm or distress);

(ea)section 4B (intentional harassment, alarm or distress on account of sex);

(f)section 5 (harassment alarm or distress);

(g)section 18 (use of words or behaviour or display of written material);

(h)section 19 (publishing or distributing written material);

(i)section 20 (public performance of play);

(j)section 21 (distributing, showing or playing a recording);

(k)section 22 (broadcasting or including programme in cable programme service);

(l)section 23 (possession of racially inflammatory material);

(m)section 29B (use of words or behaviour or display of written material);

(n)section 29C (publishing or distributing written material);

(o)section 29D (public performance of play);

(p)section 29E (distributing, showing or playing recording);

(q)section 29F (broadcasting or including programme in programme service); and

(r)section 29G (possession of inflammatory material).

(102A)An offence under section 68(1) of the Criminal Justice and Public Order Act 1994 (aggravated trespass).

(103)An offence under any of the following provisions of the Road Traffic Act 1988—

(a)section 1A (causing serious injury by dangerous driving);

(b)section 2 (dangerous driving);

(c)section 2B (causing death by careless, or inconsiderate, driving);

(d)section 3ZB (causing death by driving: unlicensed or uninsured drivers);

(e)section 3ZD (causing serious injury by driving: disqualified drivers);

(f)section 4(1) (driving, or being in charge, when under the influence of drink or drugs);

(g)section 5(1) (driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit); ^note...

(ga)section 5A (driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit);

(h)section 178 (taking motor vehicle without authority, etc.).

(104)An offence under section 37(1) or (4) of the Sexual Offences (Scotland) Act 2009 (older children engaging in sexual conduct with each other).

(105). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(106)An offence under any of the following provisions of the Terrorism Act 2000—

(a)section 13 (uniform);

(b)section 36 (police powers);

(c)section 51 (offences);

(d)section 116 (powers to stop and search);

(e)paragraph 32 of Schedule 5 (urgent cases); and

(f)paragraph 18 of Schedule 7 (offences).

(106A)An offence under section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 (threatening or abusive behaviour).

(107). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(108)An offence under any of the following provisions of the Civic Government (Scotland) Act 1982—

(a)section 57 (being in or on building etc. with intent to commit theft);

(b)section 58 (convicted thief in possession); and

(c)section 60 (powers of search and seizure).

(109)An offence under section 22 of the Rent (Scotland) Act 1984 (unlawful eviction and harassment of occupier).

(109A)An offence under section 1 of the Malicious Communications Act 1988 (sending letters etc. with intent to cause distress or anxiety).

(110)An offence under any of the following provisions of the Postal Services Act 2000—

(a)section 83 (interfering with the mail: postal operators),

(b)section 85(1) (prohibition on sending certain articles by post).

(111)An offence under any of the following provisions of the Serious Organised Crime and Police Act 2005—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)section 129 (corresponding Scottish offence);

(c)section 145 (interference with contractual relationships so as to harm animal research organisation); and

(d)section 146 (intimidation of persons connected with animal research organisation).

(112)An offence (other than an offence listed in schedule 8A) in relation to which either of the following provisions applies—

(a)section 96 of the Crime and Disorder Act 1998 (offences racially aggravated); or

(b)section 74 of the Criminal Justice (Scotland) Act 2003 (offences aggravated by religious prejudice).

(113)An offence (other than an offence listed in schedule 8A) to which either of the following provisions of the Offences (Aggravation by Prejudice) (Scotland) Act 2009 applies—

(a)section 1(1) (prejudice relating to disability); or

(b)section 2(1) (prejudice relating to sexual orientation or transgender identity).

Schedule 9 · Minor and Consequential Amendments

Explosives Act 1875 (c. 17)

(1)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Civil Defence Act 1948 (c. 5)

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public Records Act 1958 (c. 51)

(3)In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3 there shall be inserted at the appropriate place—“Police Information Technology Organisation”

Trustee Investments Act 1961 (c. 62)

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offices, Shops and Railway Premises Act 1963 (c. 41)

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parliamentary Commissioner Act 1967 (c. 13)

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police (Scotland) Act 1967 (c. 77)

(8)The Police (Scotland) Act 1967 shall be amended as follows.

(9)In section 27(3) (regulations as to police cadets), after “(1A),” there shall be inserted “ (2B), ”.

(10)At the end of section 28 (regulations as to standards of equipment) (which becomes subsection (1)) ^note...

(11)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13)In section 38 (constables engaged on central service and certain temporary service), in subsection (3A), after “service” there shall be inserted “ , or on temporary service such as is mentioned in paragraph (ba) or (bb) of the said section 38A(1), ”.

(14)In section 38A (constables engaged on service outside their force)—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Leasehold Reform Act 1967 (c. 88)

(16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public Expenditure and Receipts Act 1968 (c. 14)

(17). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Firearms Act 1968 (c. 27)

(18)In section 54 of the Firearms Act 1968 (application of Act to Crown servants), in subsection (3) (which provides that members of police forces and certain employees of police authorities are deemed to be in the service of Her Majesty), at the end of paragraph (b) there shall be inserted“, or c a member of the National Criminal Intelligence Service or the National Crime Squad.”

Post Office Act 1969 (c. 48)

(19)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)

(20)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police Act (Northern Ireland) 1970 (c. 9 (N.I.))

Local Authorities (Goods and Services) Act 1970 (c. 39)

(23)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Superannuation Act 1972 (c. 11)

(24). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employers’ Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (NI 6)

(25). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employment Agencies Act 1973 (c. 35)

(26). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Juries Act 1974 (c. 23)

(27). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

District Courts (Scotland) Act 1975 (c. 20)

(28)In subsection (2) of section 12 of the District Courts (Scotland) Act 1975 (disqualification in certain cases of justices who are members of local authorities), the following shall be inserted as the first paragraph—“aa any reference to a local authority includes a reference to the Service Authority for the National Criminal Intelligence Service;”

House of Commons Disqualification Act 1975 (c. 24)

(29)

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

(30)

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sex Discrimination Act 1975 (c. 65)

(31). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fair Employment (Northern Ireland) Act 1976 (c.25)

(32)In section 53 of the Fair Employment (Northern Ireland) Act 1976 (police), in subsection (6), in the definition of “chief officer of police”, after paragraph (a) there shall be inserted—“(aa) in relation to a person appointed, or to an appointment falling to be made, under section 9(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service) means the Director General of the National Criminal Intelligence Service;”

Police Pensions Act 1976 (c. 35)

(33)

(1)Section 11 of the Police Pensions Act 1976 (interpretation) shall be amended as follows.

(2)In subsection (2)—

(a)the word “and” after paragraph (a) shall be omitted,

(b)in paragraph (b) after “it means” there shall be inserted “, subject to paragraphs (c) to (e) below,”, and

(c)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (5), in the definition of “central service”—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)after “1967” there shall be inserted “or means relevant service within paragraph (ba) or (bb) of section 38A(1) of the said Act of 1967”.

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

(34)In each of sections 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976 (licensing of drivers of private hire vehicles and hackney carriages), subsection (1A) shall be omitted.

Race Relations Act 1976 (c. 74)

(35). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(36). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sex Discrimination (Northern Ireland) Order 1976 (NI 15)

(37)In Article 19 of the Sex Discrimination (Northern Ireland) Order 1976 (police), in paragraph (6), in the definition of “chief officer of police”, after sub-paragraph (a) there shall be inserted—“(aa) in relation to a person appointed, or to an appointment falling to be made, under section 9(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service) means the Director General of the National Criminal Intelligence Service;”

Rent (Agriculture) Act 1976 (c. 80)

(38). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rent Act 1977 (c. 42)

(39). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Justices of the Peace Act 1979 (c. 55)

(40)In section 64 of the Justices of the Peace Act 1979 (disqualification in certain cases of justices who are members of local authorities), in subsection (6) (definition of local authority), after “1996” there shall be inserted “ , the Service Authority for the National Criminal Intelligence Service, the Service Authority for the National Crime Squad ”.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)

(41)In Part I of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in Group B (ineligibility for jury service of certain persons concerned with the administration of justice), after paragraph (n) there shall be inserted—“na members of the National Criminal Intelligence Service;nb members of the Service Authority for the National Criminal Intelligence Service and persons employed by that Authority under section 13 of the Police Act 1997;”

Finance Act 1981 (c. 35)

(42). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Acquisition of Land Act 1981 (c. 67)

(43). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Stock Transfer Act 1982 (c. 41)

(44). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

County Courts Act 1984 (c. 28)

(45). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police and Criminal Evidence Act 1984 (c. 60)

(46). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(47). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prosecution of Offences Act 1985 (c. 23)

(48). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Housing Act 1985 (c. 68)

(49). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Housing Associations Act 1985 (c. 69)

(50)In section 106 of the Housing Associations Act 1985 (minor definitions), in subsection (1), in the definition of “local authority”, after “1996” there shall be inserted “ and the Service Authority for the National Crime Squad and the Service Authority for the National Criminal Intelligence Service ”.

Landlord and Tenant Act 1985 (c. 70)

(51). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Landlord And Tenant Act 1987 (c. 31)

(52). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Income and Corporation Taxes Act 1988 (c.1)

(53). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dartford-Thurrock Crossing Act 1988 (c. 20)

(54). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government Finance Act 1988 (c. 41)

(55). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(56)In section 65A (which was inserted by section 3 of the ^noteLocal Government and Rating Act 1997 and makes provision about Crown property), in subsection (4)(b) for the words from “or by a police authority” to the end there shall be substituted “ , a police authority established under section 3 of the Police Act 1996, the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad ”.

Housing Act 1988 (c. 50)

(57)In Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies), in paragraph 12 (local authority tenancies, etc.), in sub-paragraph (2)(g), after “1996” there shall be inserted “ , the Service Authority for the National Criminal Intelligence Service and the Service Authority for the National Crime Squad ”.

Road Traffic Act 1988 (c. 52)

(58). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(59). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Security Service Act 1989 (c. 5)

(60). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(61). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Official Secrets Act 1989 (c. 6)

(62). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Town and Country Planning Act 1990 (c. 8)

(63). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^note

Aviation and Maritime Security Act 1990 (c. 31)

(64)In section 22 of the Aviation and Maritime Security Act 1990 (power to require harbour authorities to promote searches in harbour areas), in subsection (4)(b)—

(a)the words “who is a member of a body of constables maintained” shall be omitted,

(b)at the beginning of both sub-paragraph (i) and sub-paragraph (ii) there shall be inserted “ who is a member of a body of constables maintained ”, and

(c)at the end of sub-paragraph (ii) there shall be inserted“, or iii who is a member of the National Criminal Intelligence Service within section 9(1)(a) or (b) of the Police Act 1997 or a member of the National Crime Squad within section 55(1)(a) or (b) of that Act.”

Road Traffic Act 1991 (c. 40)

(65)Section 47 of the Road Traffic Act 1991 (applications for licences to drive hackney carriages etc.) shall cease to have effect.

Local Government Finance Act 1992 (c. 14)

(66)In section 19 of the Local Government Finance Act 1992 (exclusion of Crown exemption in certain cases), in subsection (3), for “and” at the end of paragraph (c) there shall be substituted—“ca the Service Authority for the National Criminal Intelligence Service;cb the Service Authority for the National Crime Squad;”

(67). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^note

(68)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tribunals and Inquiries Act 1992 (c.53)

(69). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^note

(70). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Appeals Act 1995 (c. 35)

(71)

(1)Section 22 of the Criminal Appeals Act 1995 (meaning of “public body” etc.) shall be amended as follows.

(2)In subsection (2)—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for paragraph (b) (meaning of “chief officer of police”) there shall be substituted—“b references to the chief officer of police—i in relation to the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve, are to the Chief Constable of the Constabulary,ii in relation to the National Crime Squad, are to the Director General of the Squad, andiii in relation to any other police force maintained otherwise than by a police authority, are to the chief constable,”

(c)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police Act 1996 (c. 16)

(72)The Police Act 1996 shall be amended as follows.

(73). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(74). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^note

(75)At the end of section 53 (regulations as to standards of equipment) (which becomes subsection (1)) there shall be added—“2 The Secretary of State shall consult the Police Information Technology Organisation before making regulations under this section relating to information technology.3 In subsection (2) “information technology” includes any computer or other technology by means of which information or other matter may be recorded or communicated without being reduced to documentary form.”

(76). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(77). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(78)

(1)Section 57 (common services) shall be amended as follows.

(2)After subsection (3) there shall be inserted—“3A Regulations under this section relating to all police forces may also require the National Crime Squad to use the specified facilities or services, or the facilities or services of a specified description, if the Secretary of State considers that it would be in the interests of the efficiency or effectiveness of the Squad for the Squad to do so.”

(3)In subsection (4), at the end of paragraph (b) there shall be added“, and c if the regulations relate to the National Crime Squad, the Service Authority for the National Crime Squad and the Director General of that Squad.”

(4)After subsection (4) there shall be added—“5 The Secretary of State shall consult the Police Information Technology Organisation before making regulations under this section relating to information technology.6 In subsection (5) “information technology” includes any computer or other technology by means of which information or other matter may be recorded or communicated without being reduced to documentary form.”

(79). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(80). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(81). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(82). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(83). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(84). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(85)In section 88 (liability for wrongful acts of constables), in subsection (5)(b), after “or 98” there shall be inserted “ of this Act or section 23 of the Police Act 1997 ”.

(86)

(1)Section 97 (police officers engaged on service outside their force) shall be amended as follows.

(2)In subsection (1), after paragraph (c) there shall be inserted—“ca temporary service with the National Criminal Intelligence Service on which a person is engaged with the consent of the appropriate authority;cb temporary service with the National Crime Squad on which a person is engaged with the consent of the appropriate authority;cc temporary service with the Police Information Technology Organisation on which a person is engaged with the consent of the appropriate authority;”

(3)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(87)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employment Rights Act 1996 (c. 18)

(88)^note. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Housing Grants, Construction and Regeneration Act 1996 (c. 53)

(89)In section 3 of the Housing Grants, Construction and Regeneration Act 1996 (persons ineligible for grant under Chapter I of Part I of that Act), in subsection (2), for paragraph (g) there shall be substituted—“g a police authority established under section 3 of the Police Act 1996, the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad;”

(90). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^note

Juries (Northern Ireland) Order 1996 (NI 6)

(91)In Schedule 2 to the Juries (Northern Ireland) Order 1996 (persons ineligible for jury service), after the entry for members and staff of the Northern Ireland Policing Board there shall be inserted—“Members of the National Criminal Intelligence Service, members of the Service Authority for the National Criminal Intelligence Service and persons employed by the Authority.”

Justices of the Peace Act 1997 (c.25)

(92). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 10 · Repeals

Contains public sector information licensed under the Open Government Licence v3.0.