- a late night levy requirement
means a requirement to pay a late night levy in accordance with this Chapter. 2 A licensing authority may decide that a late night levy requirement is to apply in its area or in a part of its area in respect of— a relevant late night alcohol authorisations relating to premises in the area or the part, or b relevant late night alcohol authorisations and relevant late night refreshment authorisations relating to premises in the area or the part. 2A Accordingly, references in this Chapter to a late night authorisation to which a late night levy requirement relates are references to any relevant late night alcohol authorisation or relevant late night refreshment a
- aa lay person
means a person who is not, and has never been— i a member of a police force or a special constable, ii a member of the civilian staff of a police force, including the metropolitan police force, within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011 (see section 102(4) and (6) of that Act), iii a person employed by the Common Council of the City of London in its capacity as police authority who is under the direction and control of the Commissioner of Police for the City of London, iv a police and crime commissioner, v a member of staff of a police and crime commissioner, or of the Mayor's Office for Policing and Crime, within the meaning of Part
- acting chief officer
means (as appropriate)— (a) a person exercising or performing functions of a chief constable in accordance with section 41 of the Police Reform and Social Responsibility Act 2011, (b) a person exercising powers or duties of the Commissioner of Police of the Metropolis in accordance with section 44 or 45(4) of that Act, or (c) a person exercising duties of the Commissioner of Police for the City of London in accordance with section 25 of the City of London Police Act 1839;
- adult
means a person aged 18 or over.”
- Ambulance trust in England
means—
- an imprisonable offence
means an offence— a for which a person who has reached the age of 18 may be sentenced to a term of imprisonment, or b for which, in the case of such a person, the sentence is fixed by law as life imprisonment. 5 For the purposes of subsection (3)(c) a person is to be treated as having been convicted— a on the expiry of the ordinary period allowed for an appeal or application in respect of the conviction, or b if an appeal or application is made in respect of the conviction, when the appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution. 327C 1 The Mayor may with the approval of the Secretary of State suspend the London Fire Commissioner from duty. 2 If the Mayor suspends the London Fire Commissioner from duty, the Mayor must notify the Secretary of State of the suspension. 3 The Mayor may, subject to subsections (5) and (6), and with the approval of the Secretary of State, call upon the London Fire Commissioner to resign or retire. 4 The London Fire Commissioner must resign or retire if called upon to do so in accordance with subsection (3). 5 Before calling upon the London Fire Commissioner to resign or retire, th
- anti-social behaviour
has the meaning given by section 2 of the Anti-social Behaviour, Crime and Policing Act 2014 (ignoring subsection (2) of that section).”
- appropriate authority
means— a if the concern relates to a chief officer or an acting chief officer, the local policing body for the area of the police force of which he or she is a member;
- appropriate officer
means— a in relation to the person's detention for the initial period, any constable;
- approved representative
means a person who has been approved by the Commission for the purposes of this Part. 5 The Commission may only approve a person who is— a the widow or widower (or surviving civil partner) of the deceased whistle-blower, b a personal representative (within the meaning of section 55(1)(xi) of the Administration of Estates Act 1925) of the deceased whistle-blower, or c any other person appearing to the Commission to have, by reason of a family or similar relationship with the deceased whistle-blower, a relevant interest in the outcome of the concern. 29I 1 Where the Commission carries out an investigation under section 29D(1), it must keep the whistle-blower properly informed about the progress of the investigation and its outcome. 2 The Secretary of State may by regulations provide for exceptions to the duty under subsection (1). 3 The power conferred by subsection (2) may be exercised only to the extent that the Secretary of State considers necessary for any of the permitted non-disclosure purposes. 4 “The permitted non-disclosure purposes” are— a preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, an
- arresting force
means the police force of which the constable who arrested the person under section 137A is a member;
- authorised person
means any person specified or described in regulations made by the Secretary of State.”
- body
means a body corporate, a partnership or an unincorporated body other than a partnership;
- caution
means a caution or a warning given to a person in Northern Ireland in respect of an offence which, at the time the caution or warning is given, that person has admitted, • “conviction” includes— (a) a conviction in respect of which an order has been made discharging the person concerned absolutely or conditionally, and (b) a finding in any criminal proceedings (including a finding linked with a finding of insanity) that a person has committed an offence or done the act or made the omission charged, • “disregarded caution” is a caution which has become a disregarded caution by virtue of this Chapter, • “disregarded conviction” is a conviction which has become a disregarded convictio
- Chief officer
means—
- child
means a person aged under 18;
- City of London police area
means the City of London as defined for the purposes of the Acts relating to the City of London police force;
- civilian police employee
means— (a) a member of the civilian staff of a police force, including the metropolitan police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011), or (b) a person employed by the Common Council of the City of London in its capacity as police authority who is under the direction and control of the Commissioner of Police for the City of London;
- co-opted member
includes a police and crime commissioner who— a is entitled to participate in meetings of a county or district council by virtue of paragraph 6ZA of Part 1 of Schedule 12 to the Local Government Act 1972, or b is entitled to participate in meetings of an executive of a county or district council by virtue of paragraph 4A of Schedule A1 to the Local Government Act 2000.”
- Collaboration agreement
has the meaning given by section 1(3).
- collaborative police force
has the meaning given by subsection (1);
- conduct
has the same meaning as in Part 2 (see section 29(1));
- conviction
includes— (a) a conviction in respect of which an order has been made discharging the person concerned absolutely or conditionally, and (b) a finding in any criminal proceedings (including a finding linked with a finding of insanity) that a person has committed an offence or done the act or made the omission charged, • “disregarded caution” is a caution which has become a disregarded caution by virtue of this Chapter, • “disregarded conviction” is a conviction which has become a disregarded conviction by virtue of this Chapter, • “document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its provisi
- decision-maker
means— a in relation to a condition which falls to be considered by virtue of section 47ZD, the senior officer in question;
- designated body
means a body designated in regulations made by the Secretary of State. 2 The Secretary of State— a may make or revoke such a designation if the Secretary of State considers it appropriate to do so, and b must make or revoke such a designation if asked to do so by an authorised person. 3 The Secretary of State must, in deciding whether to act under subsection (2)(a), apply criteria specified or described in regulations made by the Secretary of State. 4 The authorised person must, in deciding whether to ask the Secretary of State to act under subsection (2)(b), apply criteria specified or described in regulations made by the Secretary of State. 5 The Secretary of State must,
- designated NCA officer
means a National Crime Agency officer who is either or both of the following— (a) an officer designated under section 10 of the Crime and Courts Act 2013 as having the powers and privileges of a constable;
- designated person
has the same meaning as in paragraph 19ZE. 19ZG 1 This paragraph applies to anything which, for the purposes of an investigation in accordance with paragraph 19— a has been seized under paragraph 19ZE(2) or taken away following a requirement imposed under paragraph 19ZE(3), or b is otherwise lawfully in the possession of the Commission. 2 Anything to which this paragraph applies may be retained by the Commission for as long as is necessary in all the circumstances, including (amongst other things) so that it may be used as evidence in criminal or disciplinary proceedings or in an inquest held under Part 1 of the Coroners and Justice Act 2009. 3 For the purposes of sub-par
- disciplinary functions
means— a functions in relation to the conduct, efficiency and effectiveness of, and the maintenance of discipline of, the following persons (including functions in relation to disciplinary proceedings)— i members of police forces;
- document
includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its provision or production include providing or producing a copy of the information in legible form, • “information” includes documents, • “notice” means notice in writing, • “official records” has the meaning given by section 101D(5). 2 Paragraph (a) of the definition of “conviction” applies despite Article 6 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (which deems a conviction of a person discharged not to be a conviction). 3 In this Chapter, a reference to an offence includes— a a reference to an attempt, conspira
- domestic service provider
means a service provider established in England and Wales, Scotland or Northern Ireland;
- enactment
includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978);
- England and Wales
includes the adjacent United Kingdom waters within the meaning of section 30 of the Police Act 1996, • “police force” means any of the following— (a) the metropolitan police force, (b) a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London), (c) the National Crime Agency, (d) the City of London police force, (e) the Ministry of Defence Police, (f) the Civil Nuclear Constabulary, (g) the British Transport Police.”
- England and Wales waters
means the sea and other waters within the seaward limits of the territorial sea adjacent to England and Wales;
- English inspector
means an inspector appointed under section 28(A1).”
- finance officer for fire functions
means a member of a chief constable's fire and rescue staff who— (a) is not a chief finance officer of the kind mentioned in subsection (6), and (b) is employed to carry out duties relating to the proper administration of financial affairs relating to the exercise of the chief constable's fire and rescue functions;
- finance officer for police functions
means a member of a chief constable's civilian staff within the meaning of the Police Reform and Social Responsibility Act 2011 who— (a) is not a chief finance officer of the kind mentioned in subsection (6), and (b) is employed to carry out duties relating to the proper administration of a police force's financial affairs. 9 Where an order under section 107EA(2) is in force, the combined authority to which the order applies must pay— a any damages or costs awarded against the chief constable to whom the order applies in any proceedings brought against the chief constable in respect of the acts or omissions of a member of the chief constable's fire and rescue staff;
- Financial sanctions legislation
means—
- Fire and rescue authority in England
has the same meaning as in the Fire and Rescue Services Act 2004.
- Fire and rescue body in England
means—
- fire and rescue enactment
means an enactment relating to a fire and rescue authority (including, in particular, an enactment relating to an employee of such an authority or property of such an authority). 6 References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made. 107EG 1 The Secretary of State may by order— a apply (with or without modifications) any provision of a local policing enactment in relation to a person within subsection (2);
- fire and rescue functions
has the same meaning as in section 107EA;
- fire and rescue plan
means a document which— a is prepared and published by a relevant fire and rescue authority in accordance with the Fire and Rescue National Framework, and b sets out the authority's priorities and objectives, for the period covered by the document, in connection with the discharge of the authority's functions. 4 In this Schedule “fire and rescue statement” means a document which— a is prepared and published by a relevant fire and rescue authority in accordance with the Fire and Rescue National Framework, and b contains a statement of the way in which the authority has had regard, in the period covered by the document, to the Framework and to any fire and rescue plan pr
- fire and rescue statement
means a document which— a is prepared and published by a relevant fire and rescue authority in accordance with the Fire and Rescue National Framework, and b contains a statement of the way in which the authority has had regard, in the period covered by the document, to the Framework and to any fire and rescue plan prepared by the authority for that period. 2 1 Subsections (1), (1B), (2), (5A) and (5B) of section 96 of the Police Act 1996 (arrangements for obtaining the views of the community on policing) apply in relation to a relevant fire and rescue authority as they apply in relation to an elected local policing body, subject to sub-paragraph (2). 2 As applied
- fire safety enforcement guidance
means guidance under article 26 (enforcement) of the Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541) given by the Secretary of State to the London Fire Commissioner in the Commissioner's capacity as an enforcing authority for the purposes of that Order. 327E 1 This section applies if the Secretary of State thinks that any guidance or directions (“the inconsistent guidance or directions”) issued under section 327D by the Mayor are inconsistent with— a the Fire and Rescue National Framework, or b fire safety enforcement guidance. 2 In order to remove the inconsistency, the Secretary of State may direct the Mayor— a to make such revisions of the inconsistent guidance or directions as may be specified by the Secretary of State in the direction, or b if the inconsistency arises from a specific direction under section 327D(1)(c) above, to revoke the direction. 3 Any direction given by the Secretary of State under subsection (2) above must specify or otherwise identify the inconsistency in question. 4 The Mayor must comply with any direction under subsection (2) above. 5 In this section “the Fire and Rescue National Framework” and “fire safety
- firearm
means— a a lethal barrelled weapon (see subsection (1B));
- foreign ship
means a ship which— (a) is registered in a State other than the United Kingdom, or (b) is not so registered but is entitled to fly the flag of a State other than the United Kingdom;
- foreign waters
means the sea and other waters within the seaward limits of the territorial sea adjacent to any relevant territory or State other than the United Kingdom;
- government department
means a department of Her Majesty's Government but does not include— (a) the Security Service, (b) the Secret Intelligence Service, or (c) the Government Communications Headquarters (“GCHQ”);
- information
includes documents, • “notice” means notice in writing, • “official records” has the meaning given by section 101D(5). 2 Paragraph (a) of the definition of “conviction” applies despite Article 6 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (which deems a conviction of a person discharged not to be a conviction). 3 In this Chapter, a reference to an offence includes— a a reference to an attempt, conspiracy or incitement to commit that offence, and b a reference to aiding, abetting, counselling or procuring the commission of that offence. 4 In the case of an attempt, conspiracy or incitement, the references in this Chapter to the conduct consti
- inspector
means— (a) an inspector of constabulary, (b) a person appointed under section 56 as an assistant inspector of constabulary or staff officer to the inspectors of constabulary, or (c) a person authorised by an inspector of constabulary to act on behalf of the inspector for the purposes of this paragraph. 6B 1 An inspector may serve on a person a notice requiring the person to allow the inspector access, which the inspector reasonably requires for the purposes of an inspection under section 54, to— a premises that are occupied (wholly or partly) for the purposes of— i a police force, ii a local policing body, iii a person providing services, in pursuance of contractual arrangements (but without being employed by a chief officer of police of the police force or its local policing body), to assist a police force in relation to the discharge of its chief officer's functions, or iv any other person who is, by virtue of any enactment, carrying out any of the activities of a police force, and b documents and other things on those premises. 2 A notice under this paragraph must— a specify or describe the premises to which the inspector requires access;
- intelligence service information
means information that was obtained (directly or indirectly) from or that relates to— (a) the Security Service, (b) the Secret Intelligence Service, (c) GCHQ, or (d) any part of Her Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities;
- international waters
means waters beyond the territorial sea of the United Kingdom or of any other State or relevant territory;
- investigating force
means the police force that is investigating the specified offence which the person arrested under section 137A is suspected of having committed;
- investigating officer
means a person designated as an investigating officer” substitute “ “policing support officer” and “policing support volunteer” mean (respectively) a person designated as a policing support officer or (as the case may be) a policing support volunteer”.
- items subject to legal privilege
has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 10 of that Act);
- law enforcement officer
has the meaning given by section 96(3);
- legislation
means any provision of— a an Act, b subordinate legislation within the meaning of the Interpretation Act 1978.”
- lethal barrelled weapon
means a barrelled weapon of any description from which a shot, bullet or other missile, with kinetic energy of more than one joule at the muzzle of the weapon, can be discharged. 1C Subsection (1) is subject to section 57A (exception for airsoft guns).”
- live link
means an arrangement by which the officer who is not at the police station is able to see and hear, and to be seen and heard by, the person in police detention, any legal representative of that person and the officer who has custody of that person at the police station (and for this purpose any impairment of eyesight or hearing is to be disregarded).”
- live link direction
means a direction that a live link be used for the purposes of the hearing;
- local authority
includes the London Fire Commissioner;
- Local policing body
means—
- local policing enactment
means an enactment relating to a police and crime commissioner. 6 References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.”
- maritime enforcement powers
has the meaning given by section 96(2);
- member of the British Transport Police Force
includes a special constable appointed under section 25 of the Railways and Transport Safety Act 2003;”
- metropolitan police district
means that district as defined in section 76 of the London Government Act 1963;
- Minister of the Crown
means the holder of an office in Her Majesty's Government in the United Kingdom.
- museum firearms licence
means a licence granted under the Schedule to the Firearms (Amendment) Act 1988. 11 A person guilty of an offence under this section is liable— a on summary conviction— i in England and Wales, to imprisonment for a term not exceeding 12 months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, 6 months) or to a fine, or to both;
- nationality document
means a passport relating to the individual or, if there is no passport relating to the individual, one or more documents that enable the individual's nationality or citizenship to be established;
- non-UK service provider
means a service provider established in an EEA state other than the United Kingdom;
- Northern Ireland waters
means the sea and other waters within the seaward limits of the territorial sea adjacent to Northern Ireland;
- notice
means notice in writing, • “official records” has the meaning given by section 101D(5). 2 Paragraph (a) of the definition of “conviction” applies despite Article 6 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (which deems a conviction of a person discharged not to be a conviction). 3 In this Chapter, a reference to an offence includes— a a reference to an attempt, conspiracy or incitement to commit that offence, and b a reference to aiding, abetting, counselling or procuring the commission of that offence. 4 In the case of an attempt, conspiracy or incitement, the references in this Chapter to the conduct constituting the offence are references to
- offence of forced marriage
means an offence under section 16;
- officer of a body
means— (a) in relation to a body corporate, a director, manager, secretary or other similar officer of the body or a person purporting to act in any such capacity;
- official records
means records containing information about persons convicted of, or cautioned for, offences and kept by any court, police force, government department or local or other public authority in Northern Ireland for the purposes of its functions, • “prescribed” means prescribed by order of the Department of Justice in Northern Ireland, • “relevant data controller” means— (a) in relation to the general names database or the Northern Ireland names database, the Chief Constable of the Police Service of Northern Ireland, (b) in relation to other relevant official records, such persons as may be prescribed, • “relevant official records” means— (a) the general names database, (b) the Northern Ireland names database, and (c) such other official records as may be prescribed. 6 An order under this section may make different provision for different purposes. 7 Any power to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). 8 A statutory rule containing an order under this section is subject to negative resolution (within the meaning of section 41(6) of the Interpretat
- Offshore installation
has the meaning given to it by section 44 of the Petroleum Act 1998.
- open land
means land in the open air;
- paragraph 18 investigator
has the meaning given by subsection (2);
- Passport
means—
- police area
means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London).”
- Police body in England
means—
- police force
means any of the following— (a) the metropolitan police force, (b) a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London), (c) the National Crime Agency, (d) the City of London police force, (e) the Ministry of Defence Police, (f) the Civil Nuclear Constabulary, (g) the British Transport Police.”
- police purposes
has the meaning given by section 101(2) of the Police Act 1996 ”.
- police volunteer
means a person who is under the direction and control of the chief officer making a designation under subsection (1A) otherwise than because the person is a constable, a special constable or a relevant employee. 13 For the purpose of subsection (12), a person is to be treated as a relevant employee only in relation to times when the person is acting in the course of the person's employment.”
- Port
means—
- premises
includes any place and, in particular, includes— a any vehicle, vessel, aircraft or hovercraft, b any offshore installation, c any renewable energy installation, and d any tent or movable structure.
- prescribed
means prescribed by order of the Department of Justice in Northern Ireland, • “relevant data controller” means— (a) in relation to the general names database or the Northern Ireland names database, the Chief Constable of the Police Service of Northern Ireland, (b) in relation to other relevant official records, such persons as may be prescribed, • “relevant official records” means— (a) the general names database, (b) the Northern Ireland names database, and (c) such other official records as may be prescribed. 6 An order under this section may make different provision for different purposes. 7 Any power to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). 8 A statutory rule containing an order under this section is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I))). 101E 1 A person who has a disregarded conviction or caution is to be treated for all purposes in law as if the person has not— a committed the offence, b been charged with, or prosecuted for, the offence, c been co
- primary legislation
means— (a) an Act;
- proceedings before a judicial authority
includes (in addition to proceedings before any of the ordinary courts of law) proceedings before any tribunal, body or person having power— a by virtue of any enactment, law, custom or practice, b under the rules governing any association, institution, profession, occupation or employment, or c under any provision of an agreement providing for arbitration with respect to questions arising under that agreement, to determine any question affecting the rights, privileges, obligations or liabilities of any person, or to receive evidence affecting the determination of any such question. 2 For the purposes of section 101E, circumstances ancillary to a conviction are any circumstances of— a the offence which was the subject of the conviction;
- programme service
has the same meaning as in the Broadcasting Act 1990 (see section 201(1) of that Act);
- prohibited material
means any material the publication of which contravenes paragraph 1(2);
- publication
includes any speech, writing, relevant programme or other communication (in whatever form) which is addressed to, or is accessible by, the public at large or any section of the public;
- pyrotechnic article
means an article that contains explosive substances, or an explosive mixture of substances, designed to produce heat, light, sound, gas or smoke, or a combination of such effects, through self-sustained exothermic chemical reactions, other than—
- qualifying applicant
means— a a constable, b a member of staff of the Financial Conduct Authority who is of the description designated for the purposes of this subsection by the Chief Executive of the Authority, c a member of the Serious Fraud Office, or d a Crown Prosecutor. 47ZG 1 Subsections (2) to (6) apply where a court has authorised an extension of the applicable bail period in relation to a person under section 47ZF. 2 Before the applicable bail period in relation to the person ends a qualifying applicant may apply to a magistrates' court for it to authorise an extension of the applicable bail period in relation to the person under this section. 3 If the court is satisfied that— a conditions B to D are met in relation to the person, and b the case does not fall within subsection (8), it may authorise the applicable bail period to be extended as specified in subsection (4). 4 The applicable bail period is to end at the end of the period of 3 months beginning with the end of the current applicable bail period in relation to the person. 5 If the court is satisfied that— a conditions B to D are met in relation to the person, and b the case falls within subsection (8), it may
- qualifying musical event
means an event at which one or more live musical performances take place and which is specified, or of a description specified, in regulations made by statutory instrument by the Secretary of State.
- qualifying police officer
means a police officer of the rank of commander or assistant chief constable or above, and • “qualifying prosecutor” means a prosecutor of the description designated for the purposes of this section by the Chief Executive of the Financial Conduct Authority, the Director of the Serious Fraud Office or the Director of Public Prosecutions. 47ZF 1 This section applies in relation to a person if— a the person's case is an SFO case, b a senior officer has authorised an extension of the applicable bail period in relation to the person under section 47ZD, or c an appropriate decision-maker has authorised an extension of the applicable bail period in relation to the person under section 47ZE. 2 Before the applicable bail period in relation to the person ends a qualifying applicant may apply to a magistrates' court for it to authorise an extension of the applicable bail period in relation to the person under this section. 3 If the court is satisfied that— a conditions B to D are met in relation to the person, and b the case does not fall within subsection (7), it may authorise the applicable bail period to be extended as specified in subsection (4). 4 The applicab
- qualifying prosecutor
means a prosecutor of the description designated for the purposes of this section by the Chief Executive of the Financial Conduct Authority, the Director of the Serious Fraud Office or the Director of Public Prosecutions. 47ZF 1 This section applies in relation to a person if— a the person's case is an SFO case, b a senior officer has authorised an extension of the applicable bail period in relation to the person under section 47ZD, or c an appropriate decision-maker has authorised an extension of the applicable bail period in relation to the person under section 47ZE. 2 Before the applicable bail period in relation to the person ends a qualifying applicant may apply to a magistrates' court for it to authorise an extension of the applicable bail period in relation to the person under this section. 3 If the court is satisfied that— a conditions B to D are met in relation to the person, and b the case does not fall within subsection (7), it may authorise the applicable bail period to be extended as specified in subsection (4). 4 The applicable bail period is to end— a in a case falling within subsection (1)(a) or (b), at the end of the period of 6 months begin
- relevant Articles of War
means Articles of War made under— (a) the Mutiny Act 1878, (b) the Marine Mutiny Act 1878, or (c) any Act previously in force corresponding to either of those Acts. • “sexual activity” includes— (a) any physical or affectionate activity which is of a type characteristic of people involved in an intimate personal relationship, and (b) conduct intended to lead to sexual activity.
- relevant authorisations
means— a premises licences;
- relevant authority
means— (a) in the case of intelligence service information obtained (directly or indirectly) from or relating to the Security Service, the Director-General of the Security Service;
- relevant chief constable
means the chief constable of a police force for a police area to whom functions of a fire and rescue authority have been delegated under an order under section 4H.”
- relevant data controller
means— (a) in relation to the general names database or the Northern Ireland names database, the Chief Constable of the Police Service of Northern Ireland, (b) in relation to other relevant official records, such persons as may be prescribed, • “relevant official records” means— (a) the general names database, (b) the Northern Ireland names database, and (c) such other official records as may be prescribed. 6 An order under this section may make different provision for different purposes. 7 Any power to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). 8 A statutory rule containing an order under this section is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I))). 101E 1 A person who has a disregarded conviction or caution is to be treated for all purposes in law as if the person has not— a committed the offence, b been charged with, or prosecuted for, the offence, c been convicted of the offence, d been sentenced for the offence, or e been cautioned for the offen
- Relevant emergency service in England
means—
- relevant England and Wales offence
means— i an offence that is an indictable offence in England and Wales;
- relevant fire and rescue authority
means that fire and rescue authority, and c “relevant local authority” means a local authority (within the meaning of paragraph 6(7))— i whose area is the same as, or contains all of, the area of that fire and rescue authority, or ii all or part of whose area falls within the area of that fire and rescue authority. 1 1 This Schedule makes provision about the application of certain enactments relating to police and crime commissioners to a relevant fire and rescue authority. 2 In this Schedule— • “relevant chief constable”, in relation to a relevant fire and rescue authority, means the chief constable of a police force (if any) to whom functions of the authority have been delegated under provision made under section 4H;
- relevant local authority
means a local authority (within the meaning of paragraph 6(7))— i whose area is the same as, or contains all of, the area of that fire and rescue authority, or ii all or part of whose area falls within the area of that fire and rescue authority. 1 1 This Schedule makes provision about the application of certain enactments relating to police and crime commissioners to a relevant fire and rescue authority. 2 In this Schedule— • “relevant chief constable”, in relation to a relevant fire and rescue authority, means the chief constable of a police force (if any) to whom functions of the authority have been delegated under provision made under section 4H;
- relevant Northern Ireland offence
means— i an offence that is an indictable offence in Northern Ireland;
- relevant official records
means— (a) the general names database, (b) the Northern Ireland names database, and (c) such other official records as may be prescribed. 6 An order under this section may make different provision for different purposes. 7 Any power to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). 8 A statutory rule containing an order under this section is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I))). 101E 1 A person who has a disregarded conviction or caution is to be treated for all purposes in law as if the person has not— a committed the offence, b been charged with, or prosecuted for, the offence, c been convicted of the offence, d been sentenced for the offence, or e been cautioned for the offence. 2 In particular— a no evidence is to be admissible in any proceedings before a judicial authority exercising its jurisdiction or functions in Northern Ireland to prove that the person has done, or undergone, anything within subsection (1)(a) to (e), and b the person i
- relevant period
means the period of three years beginning with the publication of the cumulative impact assessment or a revision of the cumulative impact assessment.”
- relevant police and crime commissioner
has the same meaning as in Schedule A1;
- relevant programme
means a programme included in a programme service;
- relevant representations
means representations which— a are relevant to one or more of the licensing objectives, and b meet the requirements of subsection (7). 7 The requirements are— a that the representations are made by the holder of the premises licence, a responsible authority or any other person within the period prescribed under subsection 53A(3)(e), b that they have not been withdrawn, and c if they are made by a person who is not a responsible authority, that they are not, in the opinion of the relevant licensing authority, frivolous or vexatious. 8 Where the relevant licensing authority determines that any representations are frivolous or vexatious, it must notify the person who
- relevant territory
means— (a) the Isle of Man;
- relevant warrant
means— (a) a warrant under Chapter 1 of Part 2 of the Investigatory Powers Act 2016, or (b) a warrant under Chapter 1 of Part 6 of that Act. 21B 1 A person who provides information that is intelligence service information or protected information relating to a relevant warrant to the Commission or a paragraph 18 investigator (whether under a provision of this Part or otherwise) must— a make the Commission or the paragraph 18 investigator aware that the information is intelligence service information or (as the case may be) protected information relating to a relevant warrant, and b provide the Commission or the paragraph 18 investigator with such additional information as
- Renewable energy installation
has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (see section 104 of that Act).”
- review
means a review applied for under paragraph 6A(2) or 25(1B).”
- Scotland waters
means the sea and other waters within the seaward limits of the territorial sea adjacent to Scotland;
- section 4A proposal
has the meaning given by paragraph 1 (1). 2 In this Schedule “relevant police and crime commissioner”, in relation to a section 4A proposal, means a police and crime commissioner— a whose police area is the same as, or contains all of, the area of the fire and rescue authority proposed to be created by the order, or b all or part of whose police area falls within the area of that fire and rescue authority. 3 Any changes to the police areas contained in the proposal are to be disregarded in determining who is a relevant police and crime commissioner for the purposes of sub-paragraph (2). 4 If there is more than one relevant police and crime commissioner in relation to a section 4A proposal, references in this Schedule to the relevant police and crime commissioner are to all of those police and crime commissioners acting jointly. 5 In this Schedule “relevant fire and rescue authority”, in relation to a section 4A proposal prepared by a police and crime commissioner, means a fire and rescue authority— a whose area is the same as, or contains all of, the police area of the police and crime commissioner, or b all or part of whose area falls within the police area o
- senior officer
means a police officer of the rank of superintendent or above. 47ZC 1 This section applies for the purposes of sections 47ZD to 47ZG. 2 Condition A is that the decision-maker has reasonable grounds for suspecting the person in question to be guilty of the relevant offence. 3 Condition B is that the decision-maker has reasonable grounds for believing— a in a case where the person in question is or is to be released on bail under section 37(7)(c) or 37CA(2)(b), that further time is needed for making a decision as to whether to charge the person with the relevant offence, or b otherwise, that further investigation is needed of any matter in connection with the relevant offence. 4 Condition C is that the decision-maker has reasonable grounds for believing— a in a case where the person in question is or is to be released on bail under section 37(7)(c) or 37CA(2)(b), that the decision as to whether to charge the person with the relevant offence is being made diligently and expeditiously, or b otherwise, that the investigation is being conducted diligently and expeditiously. 5 Condition D is that the decision-maker has reasonable grounds for believing that the release on
- sensitive information
has the meaning given in section 47ZH(4). 47ZJ 1 This section applies where— a an application under section 47ZF or 47ZG is made to a magistrates' court before the end of the applicable bail period in relation to a person, but b it is not practicable for the court to determine the application before the end of that period. 2 The court must determine the application as soon as is practicable. 3 The applicable bail period in relation to the person is to be treated as extended until the application is determined. 4 If it appears to the court that it would have been reasonable for the application to have been made in time for it to have been determined by the court before
- service provider
means a person providing an information society service. 2 For the purposes of the definition of “publication” in sub-paragraph (1)— a an indictment or other document prepared for use in particular legal proceedings is not to be taken as coming within the definition;
- sexual activity
includes— (a) any physical or affectionate activity which is of a type characteristic of people involved in an intimate personal relationship, and (b) conduct intended to lead to sexual activity.
- ship
includes every description of vessel (including a hovercraft) used in navigation;
- ship without nationality
means a ship which— (a) is not registered in, or otherwise entitled to fly the flag of, any State or relevant territory, or (b) sails under the flags of two or more States or relevant territories, or under the flags of a State and relevant territory, using them according to convenience;
- Small plastic missile
means a missile that— a is made wholly or partly from plastics, b is spherical, and c does not exceed 8 millimetres in diameter. 4 The permitted kinetic energy level is— a in the case of a weapon which is capable of discharging two or more missiles successively without repeated pressure on the trigger, 1.3 joules;
- special scrutiny functions
means the functions conferred— a by section 327I(1), or b by section 60A and Schedule 4A in relation to the appointment of the London Fire Commissioner and the Deputy Mayor for Fire. 327I 1 The Assembly must— a review any draft document or revision given to the Assembly by the London Fire Commissioner under section 327G(2), and b make a report or recommendations on the draft document or revision to the Mayor. 2 The Assembly must keep under review the exercise of the functions of the London Fire Commissioner, insofar as the Assembly is not otherwise required to do so by the other provisions of this section or by Schedule 4A. 3 For the purposes of subsection (2), the powers of the Assembly include, in particular, power to investigate, and prepare reports about— a any actions and decisions of the London Fire Commissioner, b any actions and decisions of an officer of the London Fire Commissioner, c matters relating to the functions of the London Fire Commissioner, d matters in relation to which the functions of the London Fire Commissioner are exercisable, or e any other matters which the Assembly considers to be of importance to fire and rescue services in
- specified
means specified in an order under section 4A;
- specified area
means the area specified in a notice under subsection (3)(b);
- specified information
means the information specified in the application under subsection (2). 47ZI 1 An application made to a magistrates' court under section 47ZF or 47ZG in relation to a person is to be determined by a single justice of the peace on written evidence unless subsection (2) or (3) applies. 2 This subsection applies if— a the effect of the application would be to extend the applicable bail period in relation to the person so that it ends at or before the end of the period of 12 months beginning with the person's bail start date, and b a single justice of the peace considers that the interests of justice require an oral hearing. 3 This subsection applies if— a the effect of
- specified offence
has the meaning given by section 137B. 137B 1 In section 137A, “specified offence” has the meaning given by this section. 2 An offence committed in England and Wales is a specified offence if it is— a an offence (including an offence under the common law) that is punishable by virtue of any statutory provision with imprisonment or another form of detention for a term of 10 years or with a greater punishment, b an offence specified in Part 1 of Schedule 7A, c an offence of attempting or conspiring to commit, or of inciting the commission of, an offence mentioned in paragraph (a) or (b), or d an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to an offence mentioned in paragraph (a) or (b). 3 An offence committed in Scotland is a specified offence if it is— a an offence (including an offence under the common law) that is punishable by virtue of any statutory provision with imprisonment or another form of detention for a term of 10 years or with a greater punishment, b an offence specified in Part 2 of Schedule 7A, or c an offence of attempting or conspiring to commit, or of inciting the commission of, an offence ment
- statutory provision
means any provision of— i an Act or subordinate legislation within the meaning of the Interpretation Act 1978;
- street
means a relevant highway, a relevant road or any other highway or road over which there is a right of way on foot. 94 1 The Scottish Ministers may by order prescribe— a the descriptions of commercial or retail premises in respect of which a street litter control notice may be issued;
- subordinate legislation
has the same meaning as in the Interpretation Act 1978.”
- taxi and private hire vehicle legislation
means—
- the appropriate consent
means— a in relation to a person who has attained the age of 18, the consent of that person;
- the appropriate national authority
means— a in or as regards England and Wales, the Secretary of State;
- the Articles of War of 1749
means the Rules and Articles for the better government of His Majesty’s horse and foot guards (etc.), made under 23 Geo. 2 c. 4 (1749) (an Act for punishing mutiny and desertion;
- the Articles of War of 1876
means the Rules and Articles (etc.) for the better government of Her Majesty’s royal marine forces, made under the Marine Mutiny Act 1876;
- The City of London police area
means the City of London as defined for the purposes of the Acts relating to the City of London police force.
- the Commission
means the Independent Police Complaints Commission;
- the court
means a magistrates' court or the Crown Court. 2 1 If anything is included in a publication in contravention of the prohibition imposed by paragraph 1(2), each of the persons responsible for the publication is guilty of an offence. 2 A person guilty of an offence under this paragraph is liable, on summary conviction, to a fine. 3 The persons responsible for a publication are as follows— Any person who— (a) is a body corporate engaged in providing the programme service in which the programme is included, or (b) has functions in relation to the programme corresponding to those of an editor of a newspaper. 4 If an offence under this paragraph is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— a a senior officer of a body corporate, or b a person purporting to act in such a capacity, the senior officer or person (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly. 5 “Senior officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate;
- the data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
- the Deputy Mayor for Fire
means— a a person who has been appointed by the Mayor under section 67(1)(b) as the Deputy Mayor for Fire, or b a person who has been appointed by the Mayor under section 67(1)(b) and designated by the Mayor as the Deputy Mayor for Fire. 3 In subsection (1) the reference to the functions of the Mayor relating to fire and rescue are to the Mayor's functions under— a section 327A(7) (duty to hold London Fire Commissioner to account), and b section 327D(1) (power to give guidance and directions to the London Fire Commissioner). 4 Section 327E applies in relation to the exercise of functions under section 327D(1) by the Deputy Mayor for Fire as it applies in relation to their exercise by the Mayor. 327G 1 This section applies to a document which is prepared and published by the London Fire Commissioner in accordance with the Fire and Rescue National Framework and which— a sets out the Commissioner's priorities and objectives, for the period covered by the document, in connection with the discharge of the Commissioner's functions, or b contains a statement of the way in which the Commissioner has had regard, in the period covered by the document, to the Frame
- the E-Commerce Directive
means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce);
- the excluded provisions
means— a section 54(5), so far as it provides for the Assembly to retain power to exercise functions delegated to a committee, and b section 55 (Assembly committees and sub-committees). 8 Any provision made by or by virtue of an enactment which confers, or relates to, the fire and emergency committee functions is to be read with the appropriate modifications;
- the extension period
means the period of 8 weeks beginning with the day after the day at the end of which the certificate was due to expire. 4 If the event mentioned in subsection (2)(a) occurs first, and the chief officer grants the application, any period for which the certificate continued in force under subsection (2) is to be treated for the purposes of section 28A(1) as part of the period for which the renewed certificate is in force. 5 This section does not apply in relation to the renewal of a certificate granted or last renewed in Northern Ireland.”
- the Fire and Rescue National Framework
means the Fire and Rescue National Framework prepared under section 21 of the Fire and Rescue Services Act 2004;
- the general names database
means the names database held by the Secretary of State for the use of constables, • “the Northern Ireland names database” means the names database maintained by the Department of Justice in Northern Ireland for the purpose of recording convictions and cautions, • “official records” means records containing information about persons convicted of, or cautioned for, offences and kept by any court, police force, government department or local or other public authority in Northern Ireland for the purposes of its functions, • “prescribed” means prescribed by order of the Department of Justice in Northern Ireland, • “relevant data controller” means— (a) in relation to the general names database or the Northern Ireland names database, the Chief Constable of the Police Service of Northern Ireland, (b) in relation to other relevant official records, such persons as may be prescribed, • “relevant official records” means— (a) the general names database, (b) the Northern Ireland names database, and (c) such other official records as may be prescribed. 6 An order under this section may make different provision for different purposes. 7 Any power to make an order und
- the London Fire and Rescue Service
means the personnel, services and equipment secured by the London Fire Commissioner for the purposes of the carrying out of the Commissioner's functions under— a section 6 of the Fire and Rescue Services Act 2004 (fire safety), b section 7 of that Act (fire-fighting), c section 8 of that Act (road traffic accidents), d any order under section 9 of that Act (emergencies) which applies to the Commissioner, or e any other provision of or made under an enactment which confers functions on a fire and rescue authority. 7 The Mayor must hold the London Fire Commissioner to account for the exercise of the Commissioner's functions. 8 Schedule 27A makes further provision about the London Fire Commissioner. 327B 1 A person may not be appointed as the London Fire Commissioner unless the person has reached the age of 18. 2 A person is disqualified from being appointed as, or being, the London Fire Commissioner if the person is a member of the Assembly or a London borough council. 3 A person is disqualified from being appointed as, or being, the London Fire Commissioner if— a the person is the subject of— i a debt relief restrictions order under paragraph 1 o
- the Northern Ireland names database
means the names database maintained by the Department of Justice in Northern Ireland for the purpose of recording convictions and cautions, • “official records” means records containing information about persons convicted of, or cautioned for, offences and kept by any court, police force, government department or local or other public authority in Northern Ireland for the purposes of its functions, • “prescribed” means prescribed by order of the Department of Justice in Northern Ireland, • “relevant data controller” means— (a) in relation to the general names database or the Northern Ireland names database, the Chief Constable of the Police Service of Northern Ireland, (b) in relation to other relevant official records, such persons as may be prescribed, • “relevant official records” means— (a) the general names database, (b) the Northern Ireland names database, and (c) such other official records as may be prescribed. 6 An order under this section may make different provision for different purposes. 7 Any power to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order
- the permitted disclosure purposes
has the same meaning as in section 29J. 5 Except as provided by regulations under subsection (1) or by any other provision of this Part, the Commission may not disclose information falling within subsection (2). 29L 1 The following provisions of Part 2 apply in relation to the functions of the Commission under this Part as they apply in relation to the functions of the Commission under Part 2— a section 15 (general duties of local policing bodies, chief officers and inspectors);
- the permitted period of detention
means— a the period of 24 hours beginning with— i in a case where the person is removed to a place of safety, the time when the person arrives at that place;
- the person in question
means the person expressing dissatisfaction or the person on whose behalf dissatisfaction is being expressed.”
- The public interest objective
means the pursuit of public policy. 6 1 A service provider does not commit an offence under paragraph 2 by providing access to a communication network or by transmitting, in a communication network, information provided by a recipient of the service, if the service provider does not— a initiate the transmission, b select the recipient of the transmission, or c select or modify the information contained in the transmission. 2 For the purposes of sub-paragraph (1)— a providing access to a communication network, and b transmitting information in a communication network, include the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network. 3 Sub-paragraph (2) does not apply if the information is stored for longer than is reasonably necessary for the transmission. 7 1 A service provider does not commit an offence under paragraph 2 by storing information provided by a recipient of the service for transmission in a communication network if the first and second conditions are met. 2 The first condition is that the storage of the information— a
- the relevant deputy police and crime commissioner
means the deputy police and crime commissioner for the police area— (a) which corresponds to the area of the fire and rescue authority, or (b) within which the area of the fire and rescue authority falls;
- the relevant person
means the person determined in accordance with rules made by the Secretary of State. 2 Rules under sub-paragraph (1) may make— a different provision for different cases and circumstances;
- the relevant police and crime commissioner
means the police and crime commissioner for that police area. 12 References in subsection (10) to a member of staff of a police and crime commissioner are to any of the following persons appointed under Schedule 1 to the Police Reform and Social Responsibility Act 2011— a the commissioner's chief executive;
- the relevant police area
means the police area— a which corresponds to the area of the relevant fire and rescue authority, or b within which the area of the relevant fire and rescue authority falls. 12 1 Schedule 5 to the Police Reform and Social Responsibility Act 2011 (issuing precepts) applies in relation to a relevant fire and rescue authority as it applies in relation to a police and crime commissioner, subject to sub-paragraph (2). 2 As applied by sub-paragraph (1), that Schedule has effect as if references to the relevant police and crime panel (within the meaning of that Act) or to the police and crime panel were to the relevant police and crime panel (within the meaning of this Sc
- the victim
means the person against whom the offence of forced marriage in question is alleged to have been committed. 4 1 Paragraph 2 applies to a domestic service provider who, in the course of providing information society services, publishes prohibited matter in an EEA state other than the United Kingdom (as well as to a person, of any description, who publishes prohibited matter in England and Wales). 2 Proceedings for an offence under paragraph 2, as it applies to a domestic service provider by virtue of sub-paragraph (1), may be taken at any place in England and Wales. 3 Nothing in this paragraph affects the operation of any of paragraphs 6 to 8. 5 1 Proceedings for an offence under paragraph 2 may not be taken against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the derogation condition is met. 2 The derogation condition is that taking proceedings— a is necessary for the purposes of the public interest objective, b relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to that objective, and c is proportionate to that objective
- Travel document
means anything that is or appears to be—
- United Kingdom ship
means a ship which— (a) is registered under Part 2 of the Merchant Shipping Act 1995, (b) is a Government ship within the meaning of that Act, (c) is not registered in any State or relevant territory but is wholly owned by persons each of whom has a United Kingdom connection, or (d) is registered under an Order in Council under section 1 of the Hovercraft Act 1968.
- vulnerable adult
means a person aged 18 or over who may have difficulty understanding the purpose of an authorisation under section 42(1) or (2) or anything that occurs in connection with a decision whether to give such an authorisation (whether because of a mental disorder or for any other reason);
- whistle-blower
has the meaning given by section 29D(3). 2 References in this Part to a person serving with the police have the same meaning as in Part 2 (see section 12(7)).”