Crime and Courts Act 2013

Crime and Courts Act 2013- UK Legislation

Introductory Text

An Act to establish, and make provision about, the National Crime Agency; to abolish the Serious Organised Crime Agency and the National Policing Improvement Agency; to make provision about the judiciary and the structure, administration, proceedings and powers of courts and tribunals; to make provision about deferred prosecution agreements; to make provision about border control; to make provision about drugs and driving; and for connected purposes.

2013 CHAPTER 22

Part 1 The National Crime Agency

The NCA and its officers

1.The National Crime Agency

2.Modification of NCA functions

3.Strategic priorities

4.Operations

Other functions etc.

5.Relationships between NCA and other agencies: tasking etc

6.Duty to publish information

7.Information gateways

8.Other functions etc

9.Director General: customs powers of Commissioners & operational powers

10.Operational powers of other NCA officers

General

11.Inspections and complaints

12.Information: restrictions on disclosure etc

13.NCA officers with operational powers: labour relations

14.NCA officers with operational powers: pay and allowances

15.Abolition of SOCA and NPIA

16.Interpretation of Part 1

Part 2 Courts and Justice

Administration of justice

17.Civil and family proceedings in England and Wales

18.Youth courts to have jurisdiction to grant gang-related injunctions

19.Varying designations of authorities responsible for remanded young persons

20.Judicial appointments

21.Deployment of the judiciary

22.Transfer of immigration or nationality judicial review applications

23.Permission to appeal from Upper Tribunal to Court of Session

24.Appeals relating to regulation of the Bar

25.Enforcement by taking control of goods

26.Payment of fines and other sums

27.Disclosure of information to facilitate collection of fines and other sums

28.Disclosure of information for calculating fees of courts, tribunals etc

29.Supreme Court chief executive, officers and staff

30.Supreme Court security officers

31.Making, and use, of recordings of Supreme Court proceedings

32.Enabling the making, and use, of films and other recordings of proceedings

33.Abolition of scandalising the judiciary as form of contempt of court

Publishers of news-related material: damages and costs

34.Awards of exemplary damages

35.Relevant considerations

36.Amount of exemplary damages

37.Multiple claimants

38.Multiple defendants

39.Awards of aggravated damages

40.Awards of costs

41.Meaning of “relevant publisher”

42.Other interpretative provisions

Self-defence

43.Use of force in self-defence at place of residence

Community and other non-custodial sentencing

44.Dealing non-custodially with offenders

Deferred prosecution agreements

45.Deferred prosecution agreements

Proceeds of crime

46.Restraint orders and legal aid

47.Restraint orders and legal aid: supplementary

48.Civil recovery of the proceeds etc of unlawful conduct

49.Investigations

Extradition

50.Extradition

Part 3 Miscellaneous and general

Border control

51.Immigration cases: appeal rights; and facilitating combined appeals

52.Appeals against refusal of entry clearance to visit the

53.Restriction on right of appeal from within the United Kingdom

54.Deportation on national security grounds: appeals

55.Powers of immigration officers

Drugs and driving

56.Drugs and driving

Public order

57.Public order offences

General

58.Orders and regulations

59.Consequential amendments

60.Transitional, transitory or saving provision

61.Short title, commencement and extent

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SCHEDULES

SCHEDULE 1The NCA & NCA officers
Part 1 The NCA
Functions exercisable on behalf of Crown

1.NCA functions are exercisable on behalf of the Crown.

Efficiency and effectiveness

2.It is the duty of the Director General to secure…

Financial year

3.(1) The first financial year of the NCA is the…

Charging

4.(1) The NCA may charge a person for any service…

Activities not limited to dealing with serious or organised crime

5.(1) For the purposes of the discharge of NCA functions…

Activities in Scotland

6.(1) An NCA officer may only carry out activities in…

Investigatory activity in Northern Ireland

6A.(1) An NCA officer may only carry out relevant investigatory…

Part 2 NCA officers
Selection and appointment of the Director General

7.(1) The Secretary of State is to select and appoint…

Resignation or retirement of the Director General at request of Secretary of State

8.(1) The Secretary of State may call upon the Director…

Selection of other NCA officers for appointment

9.(1) The Director General is to select other persons for…

Delegation of Director General’s functions

10.(1) The Director General may arrange for any function of…

Continuity

11.(1) Anything done by or in relation to the Director…

Persons with operational powers who become NCA officers

12.(1) If a person holds a relevant office when the…

Secondments to NCA

13.(1) The Director General may make arrangements for persons to…

Secondments by NCA

14.(1) The Director General may make arrangements for NCA officers…

NCA specials

15.(1) The Director General may select and appoint persons as…

SCHEDULE 2The framework document & annual report
Part 1 The framework document
The document

1.(1) The framework document is a document which deals with…

Duty to issue document

2.The Secretary of State must— (a) issue the framework document;…

Duty to have regard to document

3.The Secretary of State must have regard to the framework…

Role of Director General

4.(1) The Secretary of State must— (a) consult the Director…

Consultation with devolved administrations

5.The Secretary of State must consult— (a) the Scottish Ministers,…

Publication & distribution

6.(1) This paragraph applies on each occasion when the Secretary…

Part 2 The annual report
Duty to issue report

7.(1) As soon as possible after the end of each…

Publication & distribution

8.(1) The Director General must— (a) arrange for the annual…

SCHEDULE 3Relationships between NCA and other agencies
Part 1 Co-operation
Duty to co-operate

1.(1) It is the duty of NCA officers to co-operate…

Co-operation arrangements

2.For the purposes of the discharge of any function of…

Part 2 Exchange of information
Duty to keep NCA informed & disclose information: police forces

3.(1) The chief officers of each UK police force must…

Duty to keep police forces informed

4.(1) The Director General must keep the chief officers of…

Duty to keep NCA informed: government bodies

5.(1) Each specified body must keep the Director General informed…

Duty to keep government bodies informed

6.(1) The Director General must keep each specified body informed…

Meaning of “specified body” & “relevant function”

7.In paragraphs 5 and 6— (a) “specified body” means a…

Part 3 Assistance within the UK
Voluntary assistance by NCA: the UK, the Channel Islands & the Isle of Man

8.(1) The Director General may provide assistance to—

Voluntary assistance to NCA: the UK

9.(1) The chief officer of a UK police force may…

Directed assistance by NCA: England and Wales police etc

10.(1) The Secretary of State may direct the Director General…

Directed assistance to NCA: England and Wales police etc

11.(1) The Director General may direct any of the following…

Directed assistance by NCA: Scotland

12.(1) The Scottish Ministers may direct the Director General to…

Directed assistance to NCA: Scotland

13.The Scottish Ministers may direct the chief constable of the…

Directed assistance by NCA: Northern Ireland

14.(1) The Department of Justice in Northern Ireland may direct…

Directed assistance to NCA: Northern Ireland

15.(1) The Department of Justice in Northern Ireland may direct…

When is it appropriate for a person to receive directed assistance?

16.For the purposes of this Part of this Schedule, it…

Voluntary or directed assistance: particular assistance that may be provided

17.(1) A person may provide any of the following in…

Voluntary or directed assistance: control of individuals provided for assistance

18.(1) An individual who is provided under this Part of…

Part 4 Use of police facilities etc by NCA
Voluntary arrangements: police forces outside London

19.(1) The Director General and a relevant body (or both…

Voluntary arrangements: the metropolitan police force

20.(1) The Director General and a relevant metropolitan body (or…

Voluntary arrangements: the City of London police force

21.The Director General and the Common Council of the City…

Voluntary arrangements: immigration or customs facilities

22.(1) The Director General and the Secretary of State may…

Directed arrangements: England and Wales police forces

23.(1) If it appears to the Secretary of State that—…

Voluntary arrangements: Police Service of Northern Ireland

24.The Director General may make arrangements with the Northern Ireland…

Directed arrangements: Police Service of Northern Ireland

25.If it appears to the Department of Justice in Northern…

Arrangements: terms, variation and termination

26.(1) Facility-sharing arrangements must specify or describe the facilities which…

Consultation before direction

27.Before a person (“D”) gives a direction under this Part…

Facilities

28.In this Part of this Schedule “facilities” means—

Part 5 Payment for tasks, assistance or facilities
Payments by Director General

29.(1) The Director General must pay the appropriate amount to…

Payments by police

30.The fundholding body for a UK police force must pay…

Payments by law enforcement agencies

31.A UK law enforcement agency must pay the appropriate amount…

The “appropriate amount”

32.(1) In any provision of this Part of this Schedule…

Part 6 General
Directed tasking or assistance: power to amend those who may be directed

33.(1) The Secretary of State may, by order, amend section…

Duty to provide information etc: power to amend specified bodies etc

34.(1) The Secretary of State may, by order, amend paragraph…

Directions

35.(1) A person given a direction under this Schedule must…

Interpretation

36.In this Schedule— “fundholding body” means— the policing body (in…

SCHEDULE 4NCA: general
Regulations as to equipment

1.(1) The Secretary of State may make regulations requiring equipment…

Liability of NCA for unlawful acts

2.(1) In any of the following cases, the NCA is…

Assaults or obstruction in connection with joint investigation teams

3.(1) A person commits an offence if the person assaults…

Application of discrimination legislation to secondees: Northern Ireland

4.(1) An NCA secondee is to be treated, for the…

Interpretation

5.(1) In this Schedule “NCA-led international joint investigation team” means…

SCHEDULE 5Police, customs and immigration powers
Part 1 Director General: Commissioners’ powers exercisable under section 9(1)
Powers only exercisable in relation to customs matters

1.If a power of the Commissioners is exercisable both—

Powers exercisable under warrant

2.(1) This paragraph applies to an enactment if it provides…

Certain powers of Commissioners not exercisable by Director General

3.The following powers of the Commissioners are not exercisable by…

Part 2 Director General: designation under section 9
Advisory panel

4.(1) The Secretary of State must appoint an advisory panel…

No advisory panel

5.(1) The Secretary of State may, by regulations, make provision…

Part 3 Further provision about designations under section 9 or 10
Limitations in designation

6.(1) A designation may be made subject to any limitations…

Duration of designation

7.(1) A designation has effect without limitation of time, unless…

NCA officers having operational powers from another office

8.(1) The Director General or any other NCA officer may…

Evidence of designation

9.(1) A designated officer must produce evidence of the designation…

Part 4 Designations: powers and privileges of constables
The Director General

10.(1) If the Director General is designated as a person…

Other NCA officers

11.(1) If an NCA officer (other than the Director General)…

Application of territorial restrictions

12.Any power or privilege of a constable is, when exercisable…

Powers exercisable under warrant

13.(1) This paragraph applies to an enactment if it provides…

Direction and control of NCA officers exercising powers in Scotland

14.When exercising the function of direction and control of the…

Employment law

15.(1) An NCA officer who is designated as having the…

Part 5 Designations: powers of officers of Revenue and Customs
NCA officers

16.(1) If an NCA officer is designated as a person…

Powers only exercisable in relation to customs matters

17.If a power of an officer of Revenue and Customs…

Powers exercisable under warrant

18.(1) This paragraph applies to an enactment if it provides…

Part 5A Designations: Powers of general customs officials
18A. NCA officers

18B.Powers only exercisable in relation to customs matters

18C.Powers exercisable under warrant

Part 6 Designations: powers of immigration officers
NCA officers

19.(1) If an NCA officer is designated as a person…

Powers exercisable under warrant

20.(1) This paragraph applies to an enactment if it provides…

Part 7 Offences relating to designations
Resistance or wilful obstruction of designated officers etc

21.(1) A person commits an offence if the person resists…

Assault on designated officers etc

22.(1) A person commits an offence if the person assaults—…

Impersonation of designated officer etc

23.(1) A person commits an offence if, with intent to…

Transitional provision relating to offences

24.In relation to an offence committed before the commencement of…

Part 8 General
Payment of revenue to the Commissioners

25.(1) The Director General must pay to the Commissioners any…

Modification of references

26.If, in accordance with section 9(1) or any provision of…

Power to make further provision

27.(1) The relevant national authority may, by order, make such…

Functions of third parties relating to constables etc: extension to NCA

28.(1) The relevant national authority may, by order, provide for…

General provision about orders

29.(1) The power to make an order under paragraph 27…

Interpretation

30.In this Schedule— “Commissioners” means the Commissioners for Her Majesty’s…

SCHEDULE 6Inspections and complaints
Part 1 Inspections
Inspections in Scotland

1.(1) Before making a request for an inspection that would…

Inspections in Northern Ireland

2.Before making a request for an inspection that would fall…

Publication of HMIC reports

3.(1) The Secretary of State must arrange for every HMIC…

NCA response

4.(1) The Director General must— (a) prepare comments on each…

Disclosure of information

5.(1) The Director General must— (a) provide to a policing…

Access to premises

6.(1) The Director General must secure that a policing inspectorate…

Interpretation

7.In this Part of this Schedule— “HMIC” means Her Majesty’s…

Part 2 Complaints: other amendments
Police Reform Act 2002

8.The Police Reform Act 2002 is amended as follows.

9.(1) Section 10 (general functions of the IPCC) is amended…

10.(1) Section 11 (reports to the Secretary of State) is…

11.(1) Section 15 (general duties) is amended in accordance with…

12.(1) Section 16 (payment for assistance with investigations) is amended…

13.Omit section 16A (investigations: NPIA involvement).

14.In section 17, omit subsection (6).

15.Omit sections 26A and 26B (agreements about complaints about the…

16.In section 29 (interpretation of Part 2), in subsection (3),…

17.(1) Schedule 3 (handling of complaints and conduct matters etc)…

Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007

18.(1) The Police, Public Order and Criminal Justice (Scotland) Act…

Police (Northern Ireland) Act 1998

19.In section 61 of the Police (Northern Ireland) Act 1998…

SCHEDULE 7Information: restrictions on disclosure
Part 1 Statutory restrictions
1.(1) This Part of this Act does not authorise or…

Part 2 Restrictions on disclosures of particular types of information
HMRC & customs information

2.(1) An NCA officer must not disclose—

Social security information

3.(1) An NCA officer must not disclose social security information…

Intelligence service information

4.(1) An NCA officer must not disclose intelligence service information…

Arrangements for publishing information

5.The Director General must not disclose information if the disclosure…

Part 3 Restrictions on further disclosures of information
Information generally

6.(1) If an NCA officer has disclosed information to a…

Information obtained under Part 6 of PCA 2002 & disclosed to Commissioners

7.(1) This paragraph applies to information disclosed by an NCA…

Information obtained under Part 6 of PCA 2002 & disclosed to Lord Advocate

8.Information disclosed by an NCA officer under section 7(7) to…

Part 4 Published information: no restrictions on further disclosure
9.(1) This paragraph applies where an NCA officer discloses information,…

Part 5 Offences relating to wrongful disclosure of information
10.(1) An NCA officer commits an offence if—

Part 6 General
Consents

11.A consent to disclosure of information under any provision of…

Interpretation

12.In this Schedule— “Commissioners” means the Commissioners for Her Majesty’s…

SCHEDULE 8Abolition of SOCA and NPIA
Part 1 Transitional, transitory and saving provision
Transfer schemes

1.(1) The Secretary of State may make—

2.(1) A staff transfer scheme is a scheme which provides—…

3.(1) A property transfer scheme is a scheme providing for…

4.(1) A staff transfer scheme or a property transfer scheme…

5.In paragraphs 2 to 4— “civilian staff”, in relation to…

Continuity in relation to functions

6.(1) The abolition of SOCA or the NPIA does not…

Continuity in relation to subordinate legislation

7.(1) After the changeover, the subordinate legislation specified in an…

Members of SOCA

8.(1) The Secretary of State may pay such amount (if…

SOCA annual reports and accounts

9.(1) The repeal of sections 7 and 20 of the…

Saving of accrued pension rights etc

10.(1) The amendments of the Superannuation Act 1972 made by…

Scottish police reform

11.(1) The power conferred by section 60 may, in particular,…

Director of Revenue and Customs Prosecutions

12.(1) This paragraph applies if, before the changeover, there has…

Interpretation

13.In this Part of this Schedule— “changeover” means the time…

Part 2 Minor and consequential amendments and repeals
Explosives Act 1875 (c. 17)

14.(1) Section 75 of the Explosives Act 1875 is amended…

Police (Property) Act 1897 (c. 30)

15.(1) Section 2A of the Police (Property) Act 1897 (application…

Public Records Act 1958 (c. 51)

16.In Schedule 1 to the Public Records Act 1958, in…

Offices, Shops and Railway Premises Act 1963 (c. 41)

17.In section 90 of the Offices, Shops and Railway Premises…

Parliamentary Commissioner Act 1967 (c. 13)

18.(1) Schedule 2 to the Parliamentary Commissioner Act 1967 (departments…

Firearms Act 1968 (c. 27)

19.In the Firearms Act 1968, in section 54 (application of…

Superannuation Act 1972 (c. 11)

20.In the Superannuation Act 1972, in Schedule 1 (kinds of…

Health and Safety at Work etc. Act 1974 (c. 37)

21.(1) Section 51A of the Health and Safety at Work…

House of Commons Disqualification Act 1975 (c. 24)

22.In the House of Commons Disqualification Act 1975, in Schedule…

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

23.In the Northern Ireland Assembly Disqualification Act 1975, in Schedule…

Police Pensions Act 1976 (c. 35)

24.The Police Pensions Act 1976 is amended as follows.

25.In section 7 (payment of pensions and contributions), in subsection…

26.(1) Section 11 (interpretation) is amended in accordance with this…

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)

27.In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in…

Limitation Act 1980 (c. 58)

28.(1) In section 27A of the Limitation Act 1980 (actions…

Road Traffic Regulation Act 1984 (c. 27)

29.(1) Section 87 of the Road Traffic Regulation Act 1984…

Prosecution of Offences Act 1985 (c. 23)

30.In section 3 of the Prosecution of Offences Act 1985…

Ministry of Defence Police Act 1987 (c. 4)

31.(1) Section 2C of the Ministry of Defence Police Act…

Road Traffic Act 1988 (c. 52)

32.(1) In section 124 of the Road Traffic Act 1988,…

Security Service Act 1989 (c. 5)

33.The Security Service Act 1989 is amended as follows.

34.In section 1 (the Security Service), in subsection (4), for…

35.In section 2 (the Director General), in subsection (2)(c)—

Official Secrets Act 1989 (c. 6)

36.In the Official Secrets Act 1989, in section 12 (meanings…

Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))

37.In Article 72A of the Limitation (Northern Ireland) Order 1989…

Police Act 1996 (c. 16)

38.The Police Act 1996 is amended as follows.

39.In section 57 (common services), in subsections (3A) and (4)(c),…

40.In section 59 (police federations), omit subsection (7A).

41.In section 61 (the Police Negotiating Board for Great Britain),…

42.(1) Section 62 (functions of the Police Negotiating Board with…

43.In section 63 (Police Advisory Boards for England and Wales…

44.In section 64 (membership of trade unions), omit subsections (4C)…

45.In section 88 (liability for wrongful acts of constables), in…

46.In section 90 (impersonation etc), omit subsection (4)(ab).

47.In section 91 (causing disaffection), omit subsection (2)(aa).

48.(1) Section 97 (police officers engaged on service outside their…

Employment Rights Act 1996 (c. 18)

49.The Employment Rights Act 1996 is amended as follows.

50.In section 43KA (application of this Part and related provisions…

51.In section 134A (application to police), in subsection (3), for…

Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9))

52.The Proceeds of Crime (Northern Ireland) Order 1996 is amended…

53.(1) Article 49 (additional investigation powers) is amended in accordance…

54.In Schedule 2 (financial investigations), in paragraph 3A(4)(a), for “member…

Police Act 1997 (c. 50)

55.The Police Act 1997 is amended as follows.

56.(1) Section 93 (authorisations to interfere with property etc) is…

57.In section 94 (authorisations given in absence of authorising officer),…

58.In section 97 (authorisations requiring approval), in subsection (6B)(b), for…

59.In section 107 (supplementary provisions relating to Commissioners), in subsection…

60.In section 113B (enhanced criminal record certificates)—

Police (Northern Ireland) Act 1998 (c. 32)

61.The Police (Northern Ireland) Act 1998 is amended as follows….

62.In section 27 (members of the Police Service of Northern…

Northern Ireland Act 1998 (c. 47)

63.In the Northern Ireland Act 1998, in Schedule 3 (reserved…

Immigration and Asylum Act 1999 (c. 33)

64.The Immigration and Asylum Act 1999 is amended as follows….

65.In section 20 (supply of information to Secretary of State),…

66.(1) Section 21 (supply of information by Secretary of State)…

Terrorism Act 2000 (c. 11)

67.The Terrorism Act 2000 is amended as follows.

68.In section 19 (disclosure of information: duty), in subsection (7B),…

69.In section 20 (disclosure of information: permission), in subsection (5),…

70.In section 21ZA (arrangements with prior consent), in subsection (5),…

71.In section 21ZB (disclosure after entering into arrangements), in subsection…

72.In section 21A (failure to disclosure: regulated sector), in subsection…

73.In section 21B (protected disclosures), in subsection (7), for “member…

74.(1) Section 21C (disclosures to SOCA) is amended in accordance…

75.In section 21D (tipping off: regulated sector), in subsection (2)(d),…

76.In Schedule 14 (exercise of officers’ powers), in paragraph 4…

Regulation of Investigatory Powers Act 2000 (c. 23)

77.The Regulation of Investigatory Powers Act 2000 is amended as…

78.In section 6 (application for issue of an interception warrant),…

79.In section 17 (exclusion of matters from legal proceedings), in…

80.In section 19 (offence for unauthorised disclosures), in subsection (2),…

81.(1) Section 25 (interpretation of Chapter 2) is amended in…

82.In section 32 (authorisation of intrusive surveillance), in subsection (6),…

83.(1) Section 33 (rules of grant of authorisations) is amended…

84.(1) Section 34 (grant of authorisation in the senior officer’s…

85.(1) Section 35 (notifications of authorisations for intrusive surveillance) is…

86.(1) Section 36 (approval required for authorisations to take effect)…

87.In section 37 (quashing of police and Revenue and Customs…

88.In section 40 (information to be provided to Surveillance Commissioners),…

89.In section 46 (restrictions on authorisations extending to Scotland), in…

90.In section 49 (notices requiring disclosure), in subsection (1)(e), for…

91.(1) Section 51 (cases in which key required) is amended…

92.In section 54 (tipping-off), in subsection (3)(a) and (b), for…

93.(1) Section 55 (general duties of specified authorities) is amended…

94.In section 56 (interpretation of Part 3), in subsection (1)—…

95.In section 58 (co-operation with and reports by section 57…

96.In section 65 (the Tribunal), in subsection (6), for paragraph…

97.In section 68 (Tribunal procedure), in subsection (7), omit paragraph…

98.(1) Section 76A (foreign surveillance operations) is amended in accordance…

99.In Schedule 1 (relevant public authorities), in Part 1 (relevant…

100.(1) Schedule 2 (persons having the appropriate permission) is amended…

Freedom of Information Act 2000 (c. 36)

101.The Freedom of Information Act 2000 is amended as follows….

102.In section 23 (information supplied by, or relating to, bodies…

103.In section 84 (interpretation), in the definition of “government department”—…

104.In Schedule 1 (public authorities), in Part 6 (other public…

Criminal Justice and Court Services Act 2000 (c. 43)

105.(1) Section 71 of the Criminal Justice and Court Services…

Vehicles (Crime) Act 2001 (c. 3)

106.In section 18 of the Vehicles (Crime) Act 2001 (register…

Criminal Justice and Police Act 2001 (c. 16)

107.In section 97 of the Criminal Justice and Police Act…

Proceeds of Crime Act 2002 (c. 29)

108.The Proceeds of Crime Act 2002 is amended as follows….

109.In section 2A (contribution to the reduction of crime), in…

110.(1) Section 2B (SOCA and members of SOCA’s staff) is…

111.(1) Section 3 (accreditation and training of financial investigators) is…

112.In section 41A (restraint orders: power to retain seized property…

113.In section 55 (sums received by designated officer), in subsection…

114.In section 72 (serious default in England and Wales), in…

115.In section 120A (restraint orders: power to retain seized property…

116.In section 139 (serious default in Scotland), in subsection (9)(ca)—…

117.In section 190A (restraint orders: power to retain seized property…

118.In section 195S (Codes of practice: Secretary of State), in…

119.In section 203 (sums received by chief clerk), in subsection…

120.In section 220 (serious default in Northern Ireland), in subsection…

121.In section 316 (general interpretation), in subsection (1), in paragraphs…

122.(1) Section 317 (SOCA’s general Revenue functions) is amended in…

123.In section 318 (revenue functions regarding employment), for “SOCA” (in…

124.In section 319 (source of income), for “SOCA” (in each…

125.(1) Section 321 (SOCA’s functions: transfers of value) is amended…

126.(1) Section 322 (SOCA’s functions: certain settlements) is amended in…

127.In section 324 (exercise of Revenue functions), for “SOCA” (in…

128.(1) In section 325 (declarations), in subsection (2)—

129.In section 330 (failure to disclose; regulated sector), in subsection…

130.In section 331 (failure to disclose: nominated officers in the…

131.In section 332 (failure to disclose: other nominated officers), in…

132.In section 333A (tipping off: regulated sector), in subsection (2)(d),…

133.In section 336 (nominated officer: consent), in subsections (2)(a), (3)(a)…

134.In section 339ZA (disclosures to SOCA)— (a) in the title,…

135.In section 340 (interpretation), in subsection (13), for “Director General…

136.In section 351 (applications for orders: supplementary), in subsection (5),…

137.In section 352 (search and seizure warrants), in subsection (5)—…

138.In section 353 (requirements where production order not available), in…

139.In section 357 (disclosure orders), for “member of SOCA’s staff”…

140.In section 362 (supplementary), in subsection (4A), for “member of…

141.In section 369 (supplementary), for “member of SOCA’s staff” (in…

142.In section 375 (supplementary), in subsection (4), for “member of…

143.In section 377 (code of practice of Secretary of State…

144.(1) Section 378 (officers) is amended in accordance with this…

145.In section 416 (other interpretative provisions), in subsection (2), for…

146.In section 438 (disclosure of information by certain directors), in…

147.In section 439 (disclosure of information to Lord Advocate and…

148.In section 443 (enforcement in different parts of the United…

149.In section 444 (external requests and orders), in subsection (4),…

150.In section 445 (external investigations), for “SOCA” substitute “ the…

151.(1) In section 449 (SOCA’s staff: pseudonyms) is amended in…

152.In Schedule 8 (forms of declarations)— (a) for “SOCA” (in…

Police Reform Act 2002 (c. 30)

153.(1) In section 9 of the Police Reform Act 2002…

Sexual Offences Act 2003 (c. 42)

154.In section 94 of the Sexual Offences Act 2003 (Part…

Energy Act 2004 (c. 20)

155.(1) Section 59A of the Energy Act 2004 (constables serving…

Commissioners for Revenue and Customs Act 2005 (c. 11)

156.In section 20 of the Commissioners for Revenue and Customs…

Serious Organised Crime and Police Act 2005 (c. 15)

157.The Serious Organised Crime and Police Act 2005 is amended…

158.Omit Part 1 (the Serious Organised Crime Agency).

159.In section 62 (disclosure notices), in subsection (2), for paragraph…

160.In section 82 (protection of persons involved in investigations or…

161.(1) Section 153 (disclosure of information about insurance status of…

162.(1) Section 172 (orders and regulations) is amended in accordance…

163.In section 175 (penalties for offences: transitional modification for England…

164.In section 177 (interpretation), omit subsection (1).

165.In Schedule 5 (persons specified for the purposes of section…

Gambling Act 2005 (c. 19)

166.In the Gambling Act 2005, in Part 2 of Schedule…

Police and Justice Act 2006 (c. 48)

167.The Police and Justice Act 2006 is amended as follows….

168.Omit section 1 (National Policing Improvement Agency).

169.In section 13 (supply of information to police etc by…

170.Omit Schedule 1 (National Policing Improvement Agency).

Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)

171.The Police, Public Order and Criminal Justice (Scotland) Act 2006…

172.In Schedule 4 (the Police Complaints Commissioner for Scotland), in…

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

173.The Corporate Manslaughter and Corporate Homicide Act 2007 is amended…

174.In section 13 (application to police forces), in subsection (3)(g),…

175.In Schedule 1 (list of Government Departments etc), after the…

Serious Crime Act 2007 (c. 27)

176.The Serious Crime Act 2007 is amended as follows.

177.In section 5 (type of provision that may be made…

178.In section 39 (compliance with orders: authorised monitors), in subsection…

Crime and Security Act 2010 (c. 17)

179.In section 31 of the Crime and Security Act 2010…

Equality Act 2010 (c. 15)

180.The Equality Act 2010 is amended as follows.

181.In section 42 (identity of employer), in subsections (4) and…

182.In section 43 (interpretation), for subsection (5) substitute—

183.In Schedule 19 (public authorities), in Part 1 (general), omit…

Police Reform and Social Responsibility Act 2011 (c. 13)

184.In section 65 of the Police Reform and Social Responsibility…

Protection of Freedoms Act 2012 (c. 9)

185.In section 95 of the Protection of Freedoms Act 2012…

Part 3 Further consequential amendments and repeals
References to SOCA

186.In the following enactments, for “Serious Organised Crime Agency” substitute…

References to the Director General of SOCA

187.In the following enactments, for “Director General of the Serious…

References to SOCA and its Director General

188.In the following enactments— (a) for “Serious Organised Crime Agency”…

Repeals

189.The following enactments are repealed to the extent specified— Courts…

Part 4 Subordinate legislation
References to SOCA etc

190.(1) In any relevant subordinate legislation— (a) a reference (however…

SCHEDULE 9Single county court in England and Wales
Part 1 Amendments of the County Courts Act 1984
1.The County Courts Act 1984 is amended as follows.

2.(1) Section 3 (place and time of sittings) is amended…

3.In section 4 (use of public buildings for courts)—

4.For section 5 (judges) substitute — Judges of the county…

5.(1) Section 6 (district judges) is amended as follows.

6.(1) Section 8 (deputy district judges) is amended as follows….

7.(1) Section 12 (records of proceedings) is amended as follows….

8.(1) Section 13 (officers of court not to act as…

9.(1) Section 14 (penalty for assaulting officer of a court)…

10.(1) In sections 15 to 25, 27(9), 30 and 36…

Part 2 Other amendments
General modification

11.(1) In relevant legislation, but subject to any amendments or…

Literary and Scientific Institutions Act 1854 (c. 112)

12.In section 29 of the Literary and Scientific Institutions Act…

Commons Act 1876 (c. 56)

13.In section 30 of the Commons Act 1876 (jurisdiction of…

Bankers’ Books Evidence Act 1879 (c. 11)

14.In section 10 (interpretation) for “The judge of a county…

Bills of Sale Act (1878) Amendment Act 1882 (c. 43)

15.In section 11 of the Bills of Sale Act (1878)…

Law of Distress Amendment Act 1888 (c. 21)

16.In section 7 of the Law of Distress Amendment Act…

Law of Distress Amendment Act 1895 (c. 24)

17.In section 1 of the Law of Distress Amendment Act…

Stannaries Court (Abolition) Act 1896 (c. 45)

18.(1) The Stannaries Court (Abolition) Act 1896 is amended as…

Administration of Justice (Appeals) Act 1934 (c. 40)

19.The Administration of Justice (Appeals) Act 1934 is repealed.

Crown Proceedings Act 1947 (c. 44)

20.In the Crown Proceedings Act 1947— (a) for “a county…

Registered Designs Act 1949 (c. 88)

21.(1) The Registered Designs Act 1949 is amended as follows….

Opencast Coal Act 1958 (c. 69)

22.In Schedule 8 to the Opencast Coal Act 1958 in…

Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)

23.In section 1(4) of the Domestic and Appellate Proceedings (Restriction…

Courts Act 1971 (c. 23)

24.Omit section 42(2) and (3) of the Courts Act 1971…

Attachment of Earnings Act 1971 (c. 32)

25.(1) The Attachment of Earnings Act 1971 is amended as…

Solicitors Act 1974 (c. 47)

26.In section 74 (assessment of county court costs)—

Patents Act 1977 (c. 37)

27.In section 130(1) of the Patents Act 1977 (interpretation) in…

Criminal Law Act 1977 (c. 45)

28.In section 10(6) (definitions) for paragraph (b) of the definition…

Senior Courts Act 1981 (c. 54)

29.In section 51 of the Senior Courts Act 1981 (costs)—…

Copyright, Designs and Patents Act 1988 (c. 48)

30.(1) The Copyright, Designs and Patents Act 1988 is amended…

Courts and Legal Services Act 1990 (c. 41)

31.The Courts and Legal Services Act 1990 is amended as…

32.(1) Section 1 (allocation of business between the High Court…

33.(1) Section 11 (representation in certain county court cases) is…

34.In section 15(3) (costs of previous steps to enforce a…

35.In section 71(3)(e) (meaning of “county court qualification”) for “county…

Vehicle Excise and Registration Act 1994 (c. 22)

36.In section 49(a) (persons authorised to appear on behalf of…

Housing Act 1996 (c. 52)

37.(1) The Housing Act 1996 is amended as follows.

London Local Authorities Act 1996 (c. ix)

38.In paragraph 10 of Schedule 1 to the London Local…

Protection from Harassment Act 1997 (c. 40)

39.In section 3 of the Protection of Harassment Act 1997…

Courts Act 2003 (c. 39)

40.In the Courts Act 2003— (a) in sections 1(1)(b), 59(2)(b),…

Traffic Management Act 2004 (c. 18)

41.In section 83(1) of the Traffic Management Act 2004 (certificated…

Constitutional Reform Act 2005 (c. 4)

42.In section 7(4) of the Constitutional Reform Act 2005 (courts…

Companies Act 2006 (c. 46)

43.In section 1156 of the Companies Act 2006 (meaning of…

Police and Justice Act 2006 (c. 48)

44.In section 27(12) of the Police and Justice Act 2006…

Tribunals, Courts and Enforcement Act 2007 (c. 15)

45.The Tribunals, Courts and Enforcement Act 2007 is amended as…

46.In section 64(1) (certificated enforcement agents) for the words from…

47.(1) In section 106 (administration orders) amend the sections to…

48.(1) In section 107 (enforcement restriction orders) amend the sections…

49.In section 143(2) omit subsections (4) to (6) of the…

London Local Authorities Act 2007 (c. ii)

50.In section 65(1) of the London Local Authorities Act 2007…

Policing and Crime Act 2009 (c. 26)

51.(1) The Policing and Crime Act 2009 is amended as…

Part 3 Further amendments
Amendment of references to “a county court”

52.(1) In the provisions listed in sub-paragraph (2) (but subject…

Amendments of other references

53.In section 7(1) of the Access to Neighbouring Land Act…

54.In section 40 of the Administration of Justice Act 1956…

55.In section 26 of the Administration of Justice 1964 (Inner…

56.In section 96(1) of the Agricultural Holdings Act 1986 omit…

57.In section 18(5) of the Agricultural Marketing Act 1958 omit…

58.In section 5 of the Agriculture (Miscellaneous Provisions) Act 1954—…

59.In section 6 of the Allotments Act 1922 for “the…

60.(1) In section 82(1) of the Arbitration Act 1996, in…

61.In section 22(6) of the Architects Act 1997 (appeals) after…

62.. . . . . . . . . ….

63.In section 5(1) of the Caravan Sites Act 1968 (meaning…

64.In the Chancel Repairs Act 1932— (a) in section 3(1)—…

65.In sections 10(7), 29(4) and 29A(1) of the Chiropractors Act…

66.In section 18(2)(b) of the Civil Jurisdiction and Judgments Act…

67.In the Civil Procedure Act 1997— (a) in sections 1(1)(c)…

68.In section 25(5)(c) of the Commissioners for Revenue and Customs…

69.In paragraph 11 of Schedule 11 to the Commonhold and…

70.In section 41(1) of the Commons Act 2006 omit “in…

71.In section 2(7) of the Contracts (Rights of Third Parties)…

72.In sections 115(1), 205(1) and 232(1) of the Copyright, Designs…

73.In section 8(4) of the Coroners and Justice Act 2009…

74.In section 30 of the Courts Act 1971 for “county…

75.In section 1B(5) of the Crime and Disorder Act 1998…

76.In section 10(1) of the Criminal Law Act 1977 for…

77.In section 15(1) of the Data Protection Act 1998 after…

78.In section 5 of the Debtors Act 1869—

79.In the Deeds of Arrangement Act 1914—

80.In section 8 of the Disused Burial Grounds (Amendment) Act…

81.In the Enterprise Act 2002— (a) in section 16(6) after…

82.In the Estate Agents Act 1979— (a) in the definition…

83.In section 133(8)(a) of the Financial Services and Markets Act…

84.(1) In section 22 of the Friendly Societies Act 1974…

85.(1) In section 82(4) of the Friendly Societies Act 1992…

86.(1) In section 48 of the Government Annuities Act 1929…

87.Omit section 59(4) of the Highways Act 1980 and, in…

88.In paragraph 6(2) of Schedule 18 to the Housing Act…

89.In paragraph 13 of Schedule 13 to the Housing Act…

90.In the Immigration and Asylum Act 1999—

91.In section 42(3)(b) of the Industrial and Provident Societies Act…

92.In section 25(1) of the Inheritance (Provision for Family and…

93.In the Insolvency Act 1986— (a) in section 117(2) (county…

94.In Schedule 1 to the Interpretation Act 1978, in paragraph…

95.In section 26(7)(g) of the Judicial Retirement and Pensions Act…

96.In the Juries Act 1974— (a) in sections 1(1), 2(1)…

97.In section 1(6A) of the Land Charges Act 1972 for…

98.In section 10 of the Landlord and Tenant (Requisitioned Land)…

99.In paragraph 4 of Schedule 2 to the Leasehold Reform…

100.In paragraph 4 of Schedule 14 to the Leasehold Reform,…

101.In section 194(10) of the Legal Services Act 2007 in…

102.In section 35(3) of the Limitation Act 1980 for “any…

103.In paragraph (a) of the second sentence in section 1(1)…

104.In sections 62(1) and 87(2) of the Local Government Act…

105.In the London Building Acts (Amendment) Act 1939 (c. xcvii)—…

106.In Schedule 1 to the London Local Authorities Act 1996…

107.In section 64(2)(b) of the London Local Authorities Act 2007…

108.In paragraph 7 of Schedule 1 to the London Local…

109.In section 25 of the London Overground Wires &c. Act…

110.In paragraph 8(3) of Schedule 3B to the Medical Act…

111.In paragraph 28 of Schedule 3 to the Medicines Act…

112.In section 31 of the Mental Health Act 1983 for…

113.In section 5(1) of the Mobile Homes Act 1983, in…

114.In section 73 of the Offices, Shops and Railway Premises…

115.In section 4(2) of the Open Spaces Act 1906 after…

116.In sections 10(7), 29(4) and 29A(1) of the Osteopaths Act…

117.In paragraphs 4(4) and 12(4) of Schedule 4 to the…

118.In section 23(2) of the Partnership Act 1890 for “or…

119.In section 152 of the Pension Schemes Act 1993—

120.In paragraph 11(2) of Schedule 3 to the Plant Varieties…

121.In the Political Parties, Elections and Referendums Act 2000—

122.Omit section 9(2) of the Protection from Eviction Act 1977…

123.In section 9(5) of the Protection of Children Act 1999…

124.In section 32(10) of the Public Audit (Wales) Act 2004…

125.In paragraph 6(2)(a) of Schedule A1 to the Regulation of…

126.In section 104(1) of the Road Traffic Act 1988 (conduct…

127.In section 113(3) of the Settled Land Act 1925 for…

128.In paragraph 9(3)(a) of Schedule 5 to the Social Security…

129.In paragraph 3(1) of Schedule 4 to the Social Security…

130.In the Solicitors Act 1974— (a) in section 61(6) for…

131.In section 61(3)(a) of the Taxation of Chargeable Gains Act…

132.In section 66(1) of the Taxes Management Act 1970 after…

133.In the Torts (Interference with Goods) Act 1977—

134.In section 75(1) of the Trade Marks Act 1994 for…

135.In section 82(2)(b) of the Traffic Management Act 2004 for…

136.In the Tribunals, Courts and Enforcement Act 2007—

137.In section 67(2) of the Trustee Act 1925 for “county…

138.In section 11(1)(a) of the UK Borders Act 2007 for…

139.In section 5CE(5)(a) of the Veterinary Surgeons Act 1966 for…

140.In paragraph 11(1) of Schedule 15 to the Water Resources…

Part 4 Consequential repeals
141.The provisions specified in the Table are repealed to the…

SCHEDULE 10The family court
Part 1 Establishment of the family court
1.In the Matrimonial and Family Proceedings Act 1984 after section…

Part 2 The family court: further amendments
Debtors Act 1869 (c. 62)

2.(1) In proviso (1) to section 5 of the Debtors…

Maintenance Orders Act 1958 (c. 39)

3.The Maintenance Orders Act 1958 is amended as follows, but…

4.(1) Section 1 (application of Part 1) is amended as…

5.(1) Section 2 (registration of orders) is amended as follows….

6.In section 2A (interest on registered orders)—

7.In section 3 (enforcement of registered orders) omit subsections (2)…

8.(1) Section 4 (variation etc of orders registered in a…

9.(1) Section 4A (variation etc of orders registered in High…

10.(1) Section 5 (cancellation of registration) is amended as follows….

11.Section 18 (powers of magistrates to review committals etc) is…

12.(1) Section 20 (registration, variation and arrears) is amended as…

13.In section 21(1) omit the definition of “magistrates’ court”.

Public Records Act 1958 (c. 51)

14.In paragraph 4(1) of Schedule 1 to the Public Records…

Administration of Justice Act 1960 (c. 65)

15.(1) Section 13 of the Administration of Justice Act 1970…

Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)

16.In section 1(4) of the Domestic and Appellate Proceedings (Restriction…

Civil Evidence Act 1968 (c. 64)

17.In section 12(5) of the Civil Evidence Act 1968 in…

Administration of Justice Act 1970 (c. 31)

18.(1) In section 11 of the Administration of Justice Act…

Courts Act 1971 (c. 23)

19.Omit section 52(3A) of the Courts Act 1971 (subsection (3)…

Attachment of Earnings Act 1971 (c. 32)

20.The Attachment of Earnings Act 1971 is amended as follows….

21.(1) Section 1 (courts with power to attach earnings) is…

22.In section 2(b) (meaning of “High Court maintenance order” etc)—…

23.(1) Section 3 (application for order and conditions of court’s…

24.In section 6(7) (meaning of “collecting officer”)—

25.In section 8(3) (order ceases to have effect when warrant…

26.In section 10 (reduction of normal deduction rate)—

27.In section 11(1)(a) (registered maintenance orders) for the words after…

28.In section 15D (interpretation of sections 15A to 15C) after…

29.In section 16(2)(d) (power of collecting officer) for “magistrates’ court”…

30.(1) Section 18 (collecting officers of magistrates’ courts) is amended…

31.(1) Section 20 (persons residing outside England and Wales) is…

32.In section 21 (costs on application under section 16)—

33.In section 23 (enforcement) after subsection (10) insert—

Matrimonial Causes Act 1973 (c. 18)

34.In section 48(2) (nullity proceedings to be in private unless…

Litigants in Person (Costs and Expenses) Act 1975 (c. 47)

35.In paragraph (a) of the second sentence in section 1(1)…

Inheritance (Provision for Family and Dependants) Act 1975 (c. 63)

36.(1) The Inheritance (Provision for Family and Dependants) Act 1975…

Torts (Interference with Goods) Act 1977 (c. 32)

37.In section 4 of the Torts (Interference with Goods) Act…

Charging Orders Act 1979 (c. 53)

38.(1) The Charging Orders Act 1979 is amended as follows….

Magistrates’ Courts Act 1980 (c. 43)

39.The Magistrates’ Courts Act 1980 is amended as follows.

40.In section 58(2) (sums recoverable summarily as a civil debt)…

41.(1) Section 59 (orders for periodical payment: means of payment)…

42.(1) Section 59A (orders for periodical payment: proceedings by designated…

43.Omit section 59B (power of magistrates’ court to impose penalty…

44.In section 60 (variation etc of orders for periodical payments)—…

45.In section 61(2) in the definition of “periodical payments order”…

46.(1) Section 62 (payments required to be made to a…

47.In section 64 (costs)— (a) omit subsections (1A), (4) and…

48.Omit sections 65 to 67, 68A, 69, 70, 71, 73,…

49.Omit— (a) sections 76(4) to (6), 92(1)(a) and 93 to…

50.(1) Section 111A (appeals on ground of error of law…

51.In section 112(2) (decisions on appeals under section 111A) for…

52.In section 144 (procedure rules for civil proceedings in magistrates’…

Contempt of Court Act 1981 (c. 49)

53.In section 14 of the Contempt of Court Act 1981…

Senior Courts Act 1981 (c. 54)

54.The Senior Courts Act 1981 is amended as follows.

55.In section 33 (powers of High Court exercisable before commencement…

56.In section 34 (powers of High Court to order disclosure…

57.In section 35(1) (limits on High Court’s power to make…

58.In section 37 (powers of High Court to grant injunctions…

59.In section 39(1) (powers of High Court to order documents…

60.In section 42(1)(a) and (b) (engaging in vexatious civil proceedings…

61.(1) Section 51 (costs) is amended as follows.

62.In section 70 (assessors) after subsection (4) insert—

63.In Schedule 1 (distribution of business in High Court) omit…

County Courts Act 1984 (c. 28)

64.The County Courts Act 1984 is amended as follows.

65.In section 4(1) (certain public buildings may be used for…

66.(1) In section 38(3) (county court does not have power…

67.Omit sections 40(9) and 42(8) and, in section 41(2), the…

68.In section 57 (evidence of prisoners) after subsection (4) insert—…

69.In section 61 (rights of audience by direction) after subsection…

70.In section 71 (satisfaction of orders for payment of costs…

71.In section 131 (appointment of auditors etc) after “controlling the…

72.In section 132 (payments of expenses etc)—

Administration of Justice Act 1985 (c. 61)

73.In section 53(2) of the Administration of Justice Act 1985…

Insolvency Act 1986 (c. 45)

74.In section 281(8) of the Insolvency Act 1986 (discharge does…

Children Act 1989 (c. 41)

75.In section 97 of the Children Act 1989 (privacy for…

Courts and Legal Services Act 1990 (c. 41)

76.(1) The Courts and Legal Services Act 1990 is amended…

Maintenance Enforcement Act 1991 (c. 17)

77.(1) Section 1 of the Maintenance Enforcement Act 1991 (High…

Access to Justice Act 1999 (c. 22)

78.The Access to Justice Act 1999 is amended as follows….

79.In section 54(1) (rules may require permission to appeal) after…

80.In section 55(1) (limitations on right to appeal to Court…

81.In section 56(1) (power to prescribe alternative appellate court) after…

82.In section 57(1) (appeals otherwise than to Court of Appeal…

Courts Act 2003 (c. 39)

83.The Courts Act 2003 is amended as follows.

84.In section 1(1) (Lord Chancellor’s general duty to ensure that…

85.In section 18(5)(a) (presiding at sittings of justices) omit “or…

86.In section 19(2)(e) (committees may be established under rules to…

87.(1) Section 28 (functions of justices’ clerks and assistant clerks)…

88.Omit section 30(6) (exclusion of family proceedings).

89.In section 34(2) (no order for costs in legal proceedings…

90.In section 66 (judges having powers of District Judges (Magistrates’…

91.(1) Section 75 (Family Procedure Rules) is amended as follows….

92.(1) Section 76 (further provision about scope of Family Procedure…

93.(1) Section 77(2) (membership of Family Rule Procedure Committee) is…

94.(1) Section 81 (practice directions relating to family proceedings) is…

95.In section 92(1) (power to prescribe fees for things dealt…

Constitutional Reform Act 2005 (c. 4)

96.The Constitutional Reform Act 2005 is amended as follows.

97.In section 7(4) (courts of which Lord Chief Justice is…

Legal Services Act 2007 (c. 29)

98.(1) For paragraph 1(7)(c) of Schedule 3 to the Legal…

Part 3 Repeals and revocations in consequence of Parts 1 and 2 of this Schedule
99.The provisions specified in the Table are repealed or revoked…

SCHEDULE 11Transfer of jurisdiction to family court
Part 1 Amendments of enactments
Married Women’s Property Act 1882 (c. 75)

1.The Married Women’s Property Act 1882 is amended as follows….

2.In section 10 (court’s power to order transfer investment and…

3.In section 17 (power of High Court and prescribed county…

Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)

4.(1) The Maintenance Orders (Facilities for Enforcement) Act 1920 is…

5.In section 1(2) (courts in which maintenance orders from Her…

6.(1) Section 3 (power of courts in England and Wales,…

7.(1) Section 4 (power of court of summary jurisdiction to…

8.(1) Section 4A (variation and revocation of maintenance orders) is…

9.(1) Section 6 (mode of enforcing orders) is amended as…

10.In section 9 (use of depositions taken outside United Kingdom)…

11.In section 11(za) (application of section 3 to Northern Ireland)…

Marriage Act 1949 (c. 76)

12.The Marriage Act 1949 is amended as follows.

13.In section 3(5) (marriage of persons aged 16 or 17:…

14.(1) Section 27B (provisions relating to section 1(3) marriages) is…

Maintenance Orders Act 1950 (c. 37)

15.The Maintenance Orders Act 1950 is amended as follows.

16.In section 4(1) (court of summary jurisdiction in England has…

17.(1) In section 15(2) and (3) (service of process: endorsement…

18.(1) Section 17 (procedure for registration of maintenance orders) is…

19.(1) Section 18 (enforcement of registered orders) is amended as…

20.(1) Section 19 (functions of collecting officer etc) is amended…

21.In section 20(1)(a) (certificates as to arrears under registered maintenance…

22.(1) Section 22 (discharge and variation of maintenance orders registered…

23.(1) Section 24 (cancellation of registration) is amended as follows….

24.In section 25(3) (rules as to procedure of courts of…

25.In section 28(1) (interpretation) in the definition of “collecting officer”…

Matrimonial Causes (Property and Maintenance) Act 1958 (c. 35)

26.(1) Section 7 of the Matrimonial Causes (Property and Maintenance)…

Law Reform (Miscellaneous Provisions) Act 1970 (c. 33)

27.In section 2(2) of the Law Reform (Miscellaneous Provisions) Act…

Matrimonial Proceedings and Property Act 1970 (c. 45)

28.(1) The Matrimonial Proceedings and Property Act 1970 is amended…

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

29.The Maintenance Orders (Reciprocal Enforcement) Act 1972 is amended as…

30.(1) Section 3 (magistrates’ court may make provisional maintenance order…

31.In section 4(6) (Scotland: application of section 3(5) and (6))…

32.Omit section 5(3A) (modification of section 60 of Magistrates’ Courts…

33.In section 7 (confirmation of order made in reciprocating country)—…

34.In section 8 (enforcement of registered maintenance orders)—

35.Omit section 9(1ZA) (modification of section 60 of Magistrates’ Courts…

36.In section 10(3) (transfer to other magistrates’ court)—

37.(1) In section 14(3) (compelling attendance of witnesses etc)—

38.In section 17 (proceedings in magistrates’ courts)—

39.(1) Section 18 (magistrates’ courts rules) is amended as follows….

40.In section 21(1) in the definition of “the appropriate court”—…

41.(1) Section 23 (orders registered in High Court under Maintenance…

42.In section 26(6)(a) (appropriate officer) for the words from “the…

43.In section 27B (sending application to which section 27A applies…

44.In section 27C (applications to which section 27A applies: general)—…

45.In section 28 (applications by spouses under the Domestic Proceedings…

46.In section 28A (applications by former spouses under the Domestic…

47.Section 28B (certain orders under Schedule 11 to the Children…

48.(1) Section 32 (transfer of orders) is amended as follows….

49.In section 33 (enforcement of orders)— (a) omit subsections (3)…

50.In section 34 (variation and revocation of orders)—

51.(1) Section 34A (variation of orders by magistrates’ courts in…

52.In section 35 (further provision relating to variation etc of…

53.(1) Section 36 (admissibility of evidence given in convention country)…

54.In section 38 (obtaining evidence at request of court in…

55.In section 38A(1) (rules of court) after “done by” insert…

56.In section 42 (provisional order to cease to have effect…

57.In section 47(3) (interpretation: jurisdiction of magistrates’ courts) for the…

Matrimonial Causes Act 1973 (c. 18)

58.The Matrimonial Causes Act 1973 is amended as follows.

59.In section 4(4)(a) (periods which may be treated for the…

60.In section 32(1) (arrears more than 12 months old not…

61.(1) Section 33 (orders for repayment of sums paid under…

62.(1) Section 35 (alterations of maintenance agreements where both parties…

63.(1) Section 36 (alterations of maintenance agreements after death of…

64.(1) Section 38 (orders for repayment of periodical payments mistakenly…

65.(1) In section 52(1) (interpretation of the Act) for the…

Domicile and Matrimonial Proceedings Act 1973 (c. 45)

66.(1) Section 5 of the Domicile and Matrimonial Proceedings Act…

Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)

67.The Domestic Proceedings and Magistrates’ Courts Act 1978 is amended…

68.In section 1 (grounds of application to magistrates’ court for…

69.In section 6(1) (application for order for payments agreed between…

70.In section 7(1) (powers of court where parties living apart…

71.(1) Section 19 (interim maintenance orders) is amended as follows….

72.In section 20 (variation, revival and revocation of orders for…

73.(1) Section 20ZA (variation of orders for periodical payments: further…

74.In section 20A(1) (application by child for revival of periodical…

75.Omit section 22 (variation of instalments of lump sum).

76.Omit section 23(2) (certain powers of a magistrates’ court do…

77.In section 25(4) (magistrates’ court’s power to determine date on…

78.Section 27 (refusal of order in case more suitable for…

79.(1) Section 28 (powers of High Court and county court…

80.Section 29 (appeals) is repealed.

81.(1) Section 30 (provisions as to jurisdiction and procedure) is…

82.Section 31 (constitution of courts) is repealed.

83.(1) Section 32 (enforcement etc of orders for payment of…

84.(1) Section 35 (orders for repayment in certain cases of…

85.In section 88 (interpretation)— (a) in subsection (1) (defined terms),…

Civil Jurisdiction and Judgments Act 1982 (c. 27)

86.(1) The Civil Jurisdiction and Judgments Act is amended as…

Matrimonial and Family Proceedings Act 1984 (c. 42)

87.The Matrimonial and Family Proceedings Act 1984 is amended as…

88.In section 27 (interpretation of Part 3: financial relief in…

89.In section 32 (meaning of “family business” etc) omit the…

90.Sections 33 to 36D (jurisdiction of county court in matrimonial…

91.In section 37 (directions as to distribution and transfer of…

92.(1) Section 38 (transfer of family proceedings from High Court…

93.(1) Section 39 (transfer of family proceedings to High Court…

94.Section 42 (county court proceedings in principal registry of Family…

Family Law Act 1986 (c. 55)

95.The Family Law Act 1986 is amended as follows.

96.In section 55(1) (application for declaration as to marital status…

97.In section 55A(1) (application for declaration of parentage may be…

98.(1) Section 56 (declarations of legitimacy or legitimation) is amended…

99.In section 57(1) (application for declaration as to adoption effected…

100.Omit section 60(5) (appeals in relation to magistrates’ courts declarations…

Matrimonial Proceedings (Transfers) Act 1988 (c. 18)

101.In section 1(1) of the Matrimonial Proceedings (Transfers) Act 1988…

Children Act 1989 (c. 41)

102.The Children Act 1989 is amended as follows.

103.Omit section 11J(13) (section 11J is without prejudice to section…

104.In section 14(1) (enforcement of residence orders in magistrates’ courts)…

105.Omit section 15(2) (disapplication of powers of magistrates’ courts in…

106.In section 38B(4) (court’s power to accept undertaking relating to…

107.In section 44B(4) (court’s power to accept undertaking relating to…

108.In section 83(5) (direction to obtain information for research purposes)…

109.(1) Section 92 (jurisdiction of courts) is amended as follows….

110.In section 93(2) omit paragraphs (d), (f), (g), (i) and…

111.Section 94 (appeals) is repealed.

112.Schedule 1 (financial provision for children) is amended as follows….

113.In paragraph 1(1) (financial provision for children: orders against parents)—…

114.In paragraph 5 (provisions relating to lump sums), omit sub-paragraphs…

115.(1) Paragraph 6A (variation etc of orders for periodical payments)…

116.Omit paragraph 10(6) (limits on powers of magistrates’ courts to…

117.In paragraph 11 (alteration of maintenance agreement after death of…

118.In paragraph 12 (enforcement of orders for maintenance)—

119.In paragraph 13 (High Court or county court may order…

120.Omit paragraph 24(1) of Schedule 2 (enforcement of contribution orders…

121.Omit Part 1 of Schedule 11 (jurisdiction).

Child Support Act 1991 (c. 48)

122.The Child Support Act 1991 is amended as follows.

123.In section 10(5) (magistrates’ court rules: statements as to maintenance…

124.In section 32L(10) (orders preventing avoidance: interpretation), in paragraph (a)…

125.In section 45(2)(a) (power of Lord Chancellor to provide for…

126.In section 48(1) (rights of audience for authorised officer of…

Criminal Justice Act 1991 (c. 53)

127.In section 60(3) of the Criminal Justice Act 1991 (applications…

Social Security Administration Act 1992 (c. 5)

128.(1) In section 106 of the Social Security Administration Act…

Family Law Act 1996 (c. 27)

129.The Family Law Act 1996 is amended as follows.

130.In section 45(2)(c) (ex parte orders: prejudice resulting from delay…

131.In section 46(5) (power to accept undertaking instead of making…

132.In section 47 (arrest for breach of order)—

133.Section 50 (power of magistrates’ court to suspend execution of…

134.Section 51 (power of magistrates’ court to order hospital admission…

135.(1) Section 57 (jurisdiction of courts under Part 4) is…

136.Section 59 (jurisdiction of magistrates’ courts under Part 4) is…

137.Section 61 (appeals) is repealed.

138.In section 63(1) (interpretation of Part 4), in the definition…

139.(1) Section 63M (jurisdiction of courts under Part 4A) is…

140.Section 63N (power to extend jurisdiction to magistrates’ courts) is…

141.Section 63P (appeals: Part 4A) is repealed.

142.In section 63S (interpretation of Part 4A) in the definition…

143.In section 65 (rules, regulations and orders)—

144.(1) Paragraph 1 of Schedule 5 (powers to remand: meaning…

145.In paragraph 1 of Schedule 7 (transfer of certain tenancies…

Crime and Disorder Act 1998 (c. 37)

146.The Crime and Disorder Act 1998 is amended as follows….

147.(1) Section 11 (child safety orders) is amended as follows….

148.(1) Section 12 (child safety orders: supplemental) is amended as…

149.Omit section 13 (appeals to county court against child safety…

150.In section 13B(7) (parental compensation orders: offence) for “the 1980…

Adoption and Children Act 2002

151.The Adoption and Children Act 2002 is amended as follows….

152.In section 13 (information concerning adoption)— (a) in subsection (2)…

153.Omit section 55(2) (revocation of adoptions on legitimation: interpretation in…

154.In section 60 (disclosure of information to adopted adult)—

155.In section 92(1) (steps which may not be taken except…

156.In section 95(1)(d) (offences relating to payment for steps taken…

157.In section 101(1) (proceedings in High Court or county court…

158.Omit section 141(5) (rules of procedure: magistrates’ courts).

159.In section 144(1) (interpretation), for the definition of “court” substitute—…

Gender Recognition Act 2004 (c. 7)

160.In section 8 of the Gender Recognition Act 2004 (appeals…

Civil Partnership Act 2004 (c. 33)

161.The Civil Partnership Act 2004 is amended as follows.

162.For section 37(4)(b) (in Chapter 2 of Part 2 “the…

163.In section 46(5)(a) (periods which may be treated for the…

164.In section 58 (application for declaration may be made to…

165.(1) Section 66 (disputes between civil partners about property) is…

166.For section 220(b) (in sections 221 to 224 “the court”…

167.(1) Part 2 of Schedule 1 (special provisions about civil…

168.(1) Paragraph 15 of Schedule 2 (civil partnership of persons…

169.Schedule 5 (financial relief in the High Court or a…

170.In paragraph 63(2) (payment of certain arrears under certain orders…

171.(1) Paragraph 64 (orders for repayment in certain cases of…

172.(1) Paragraph 65 (orders for repayment in certain cases of…

173.In paragraph 69 (alteration of maintenance agreements where both parties…

174.Omit paragraph 70 (limits on powers of magistrates’ court to…

175.In paragraph 73 (alterations of maintenance agreements after death of…

176.For paragraph 80(3)(b) (in Schedule 5 “the court” includes certain…

177.For the Schedule title substitute “ Financial relief: provision corresponding…

178.Schedule 6 (financial relief in magistrates’ courts etc) is amended…

179.In paragraph 1(1) (grounds of application to magistrates’ court for…

180.Omit paragraph 8 (refusal of order in case more suitable…

181.In paragraph 9(1) (application for order for payments agreed between…

182.In paragraph 15(1) (powers of court where parties living apart…

183.(1) Paragraph 20 (circumstances in which interim orders may be…

184.Omit paragraph 23 (interim orders: payments which can be treated…

185.(1) Paragraph 24 (when interim order ceases to have effect)…

186.Omit paragraph 25(1) (interim order of High Court on ordering…

187.In paragraph 29(6) (magistrates’ court’s power to determine date on…

188.In paragraph 30 (variation, revocation, suspension and revival of orders…

189.In paragraph 31 (power to order lump sum on variation)…

190.In paragraph 35(1) (powers exercisable on varying an order) for…

191.Omit paragraph 36 (variation by justices’ clerk).

192.In paragraph 37 (exercise of powers)— (a) in sub-paragraph (1)…

193.In paragraph 38 (further provision about exercise of powers)—

194.In paragraph 39 (who may make application) for “, 31…

195.In paragraph 40(1) (application by child for revival of periodical…

196.Omit paragraphs 41 and 42 (variation by, and other powers…

197.(1) Paragraph 44 (orders for repayment in certain cases of…

198.In paragraph 46 (application of certain provisions of the Domestic…

199.(1) Paragraph 47 (jurisdiction and procedure) is amended as follows….

200.For the Schedule title substitute “Financial relief: provision corresponding to…

201.In Schedule 7, in the definition of “the court” in…

Childcare Act 2006 (c. 21)

202.The Childcare Act 2006 is amended as follows.

203.In section 72 (protection of children in an emergency)—

204.In section 79 (power of constable to assist in exercise…

205.In section 98F (power of constable to assist in exercise…

Human Fertilisation and Embryology Act 2008 (c. 22)

206.In section 54(9)(a) of the Human Fertilisation and Embryology Act…

Children and Families (Wales) Measure 2010 (nawm 1)

207.The Children and Families (Wales) Measure 2010 is amended as…

208.In section 34 (protection of children in an emergency)—

209.In section 43 (power of constable to assist in exercise…

Part 2 Repeals and revocations in consequence of Part 1 of this Schedule
210.The provisions specified in the table are repealed or revoked…

SCHEDULE 12Gang-related injunctions: further amendments
1.Part 4 of the Policing and Crime Act 2009 (injunctions…

2.After section 46A insert— Appeals Appeals against decisions of youth…

3.In section 48 (rules of court in relation to injunctions…

4.In section 49(1) (interpretation of Part 4) after the definition…

5.In paragraph 1(2) of Schedule 5 (courts’ powers to remand…

6.Schedule 5A (breach of injunction: powers of court in respect…

7.(1) Paragraph 1 (power to make supervision order or detention…

8.In paragraph 4(11) (appropriate court may amend activity requirement in…

9.In paragraph 5(5) (appropriate court may amend curfew requirement in…

10.In paragraph 6(7) (appropriate court may amend electronic monitoring requirement…

11.In paragraph 8 (amendment of operative period of supervision order)—…

12.In paragraph 9(1) (change of area of residence of person…

13.In paragraph 10(1) and (4) (application for revocation of supervision…

14.In paragraph 12 (non-compliance with supervision order)—

15.In paragraph 15(1) and (4) (application for revocation of detention…

SCHEDULE 13Judicial appointments
Part 1 Judges of the Supreme Court: number and selection
Introductory

1.The Constitutional Reform Act 2005 is amended as follows.

Number of judges to become maximum full-time equivalent number

2.(1) Section 23 (establishment of the Supreme Court) is amended…

3.(1) Section 26 (selection of members of the Supreme Court)…

Selection of persons to be recommended for appointment to the Court

4.(1) In section 27 (selection process) after subsection (1) insert—…

5.After section 27 insert— Regulations about selection process (1) The Lord Chancellor must by regulations made with the…

Lord Chancellor’s guidance about selection process: procedure

6.After that section 27A insert— Selection guidance: supplementary (1) Before issuing any selection guidance the Lord Chancellor must—…

Consequential amendments, repeals and revocations

7.(1) Omit— (a) section 27(2) and (3) and Parts 1…

8.In the Government of Wales Act 2006 (Consequential Modifications and…

Part 2 Diversity
Diversity considerations where candidates for judicial office are of equal merit

9.In section 27 of the Constitutional Reform Act 2005 (selection…

10.(1) Section 63 of the Constitutional Reform Act 2005 (judicial…

Encouraging diversity

11.In Part 6 of the Constitutional Reform Act 2005 (other…

Maximum numbers of judges to be by reference to full-time equivalent numbers

12.The Senior Courts Act 1981 is amended as follows.

13.(1) Section 2 (the Court of Appeal) is amended as…

14.(1) Section 4 (the High Court) is amended as follows….

15.In section 10(2) (power to appoint judges is subject to…

Part 3 Judicial Appointments Commission
Introductory

16.Part 1 of Schedule 12 to the Constitutional Reform Act…

Composition of the Judicial Appointments Commission

17.In paragraph 1 (Commission consists of lay chairman and 14…

18.Omit paragraphs 2(2) to (5) and 4 to 6 (Commissioners…

19.After paragraph 3 (civil servants may not be appointed as…

Selection of Commissioners

20.For paragraphs 7 to 10 (selection of Commissioners) substitute— (1) The Lord Chancellor may, by regulations made with the…

21.(1) Paragraph 11 (vice-chairman) is amended as follows.

Commissioners’ terms of office

22.For paragraph 13 (maximum term of office for a Commissioner)…

23.For sub-paragraphs (1) and (2) of paragraph 14 (person ceases…

Supplementary amendments

24.After paragraph 17 insert— Regulations Regulations under this Part of this Schedule may—

25.In Part 2 of Schedule 12 to the Constitutional Reform…

26.In section 122 of that Act (interpretation of Part 4)…

27.In section 144(5)(e) of that Act (orders under paragraph 5…

Consequential repeal of other legislation

28.In Schedule 8 to the Tribunals, Courts and Enforcement Act…

Part 4 Judicial appointments: selection, and transfer of powers of Lord Chancellor
Appointments by Her Majesty on Lord Chancellor’s recommendation but where selection is to be reported to Lord Chief Justice or Senior President of Tribunals

29.(1) Schedule 14 to the Constitutional Reform Act 2005 (Judicial…

30.(1) Schedule 3 to the Tribunals, Courts and Enforcement Act…

Recommended appointments: further provisions

31.In section 16 of the Courts Act 1971 (appointment of…

32.(1) Section 21 of the Courts Act 1971 (appointment of…

33.In section 89(4) of the Senior Courts Act 1981 (additional…

Deputy Circuit judges to be appointed by Lord Chief Justice

34.(1) Section 24 of the Courts Act 1971 (deputy Circuit…

Deputy and temporary Masters etc to be appointed by Lord Chief Justice

35.(1) Section 91 of the Senior Courts Act 1981 (deputy…

Deputy district judges to be appointed by Lord Chief Justice

36.(1) Section 102 of the Senior Courts Act 1981 (deputy…

37.(1) Section 8 of the County Courts Act 1984 (deputy…

Deputy District Judges (Magistrates’ Courts) to be appointed by Lord Chief Justice

38.(1) Section 24 of the Courts Act 2003 (Deputy District…

Lay justices to be appointed by Lord Chief Justice

39.(1) Section 10 of the Courts Act 2003 (justices of…

Transfer of appointment powers to Lord Chief Justice: further provisions

40.(1) Section 94A of the Constitutional Reform Act 2005 (certain…

41.(1) Schedule 14 to that Act (Judicial Appointments Commission: relevant…

Senior President of Tribunals to make certain appointments to First-tier and Upper Tribunals

42.The Tribunals, Courts and Enforcement Act 2007 is amended as…

43.In section 7(7) (Lord Chancellor’s power to appoint Chamber Presidents…

44.(1) In section 8 (power of Senior President of Tribunals…

45.(1) Schedule 2 (judges and other members of the First-tier…

46.(1) Schedule 3 (judges and other members of the Upper…

47.(1) Schedule 4 (chambers, and chamber presidents, for the First-tier…

48.(1) Section 94B of the Constitutional Reform Act 2005 (certain…

49.(1) Schedule 14 to that Act (Judicial Appointments Commission: relevant…

Appointments by Lord Chief Justice or Senior President of Tribunals: equalities provisions

50.(1) Section 50 of the Equality Act 2010 (public offices:…

51.(1) Section 51 of the Equality Act 2010 (public offices:…

Certain deployments to the High Court to be made from pool of selected judges

52.In section 9 of the Senior Courts Act 1981 (which…

Main change in selection process

53.(1) The Constitutional Reform Act 2005 is amended as follows….

Other changes in relation to selection process and complaints

54.The Constitutional Reform Act 2005 is amended as follows.

55.In section 66(1)(a) (Lord Chancellor to consult Lord Chief Justice…

56.In section 67 (sections 68 to 75 apply in relation…

57.In section 69 (sections 70 to 75 apply where request…

58.(1) Section 70 (process for selecting person to be recommended…

59.In section 75A (sections 75B to 75G apply where request…

60.(1) Section 75B (process for selecting person to be recommended…

61.In section 76 (sections 77 to 84 apply in relation…

62.In section 78 (sections 79 to 84 apply where request…

63.(1) Section 79 (process for selecting person to be recommended…

64.(1) Section 85 (sections 86 to 93 apply in relation…

65.(1) Section 86 (duty to fill vacancies) is amended as…

66.(1) Section 87 (request for selection of person to fill…

67.In section 88 (selection process: puisne judges of High Court…

68.For section 94 (Commission’s duty to identify persons suitable for…

69.(1) Section 95 (Lord Chancellor’s power to withdraw or modify…

70.(1) Section 97 (consultation under certain provisions to be with…

71.(1) In section 99 (judicial appointments: complaints) after subsection (3)…

72.In section 100 (duty to make arrangements to investigate complaints)…

73.(1) Section 101 (complaints to the Judicial Conduct and Appointments…

74.In section 102 (Ombudsman’s reports and recommendations)—

75.(1) Section 103 (Ombudsman’s reports) is amended as follows.

76.(1) Section 104 (referrals to Judicial Conduct and Appointments Ombudsman…

77.In section 105 (provision of information to Ombudsman) after “The…

78.In section 144(5) (orders and regulations subject to affirmative procedure)…

79.In paragraph 2 of Schedule 7 (functions of Lord Chancellor…

80.In Schedule 12 (the Judicial Appointments Commission) in paragraphs 20(6)…

Changes in relation to selection process: consequential repeals

81.Omit Part 5 of this Schedule (amendments which come into…

Part 5
82.

Part 6 Appointment of judge to exercise functions of a Head of Division in case of incapacity or a vacancy etc
83.Where a Head of Division is incapable of exercising relevant…

84.An appointment under paragraph 83— (a) must be in writing,…

85.In paragraph 83— “Head of Division” means— the Master of…

86.In this Part of this Schedule “relevant functions” means functions…

87.The Lord Chancellor may by order amend the list in…

88.After section 10(6) of the Senior Courts Act 1981 (where…

Part 7 Abolition of office of assistant Recorder
89.(1) In section 24 of the Courts Act 1971 (deputy…

SCHEDULE 14Deployment of the judiciary
Part 1 Deployment under section 9 of the Senior Courts Act 1981
Requests for assistance under section 9(1) of the Senior Courts Act 1981

1.(1) Section 9 of the Senior Courts Act 1981 (which…

Deputy judges of the High Court

2.(1) Section 9 of the Senior Courts Act 1981 (which…

3.(1) In Table 2 of Part 2 of Schedule 14…

Part 2 Deployment of judges to the magistrates’ courts
4.(1) Section 66 of the Courts Act 2003 (judges who…

Part 3 Deployment of judges to the Court of Protection
5.(1) Section 46 of the Mental Capacity Act 2005 (judges…

Part 4 Deployment of judges to the First-tier Tribunal and the Upper Tribunal
6.The Tribunals, Courts and Enforcement Act 2007 is amended as…

7.In section 4(1) (judges of the First-tier Tribunal) after paragraph…

8.(1) Section 6(1) (certain judges who are also judges of…

9.After section 6 insert— Certain judges who are also judges…

10.(1) In paragraph 6(3)(a) of each of Schedules 2 and…

Part 5 Deployment of judges to the Employment Appeal Tribunal
11.(1) Section 22 of the Employment Tribunals Act 1996 (membership…

Part 6 Deployment of judges to the employment tribunals
12.(1) Section 5D of the Employment Tribunals Act 1996 (judicial…

Part 7 Amendments following renaming of chairmen of employment tribunals
13.(1) In the following provisions for “chairmen”, or for “chairmen…

SCHEDULE 15Exclusions from definition of “relevant publisher”
Broadcasters

1.The British Broadcasting Corporation.

2.Sianel Pedwar Cymru.

3.The holder of a licence under the Broadcasting Act 1990…

Special interest titles

4.A person who publishes a title that—

Scientific or academic journals

5.A person who publishes a scientific or academic journal that…

Public bodies and charities

6.(1) A public body or charity that publishes news-related material…

Company news publications etc

7.A person who publishes a newsletter, circular or other document…

Micro-businesses

8.(1) A person who, in carrying on a micro-business, publishes…

Book publishers

9.(1) A person who is the publisher of a book….

SCHEDULE 16Dealing non-custodially with offenders
Part 1 Community orders: punitive elements
1.The Criminal Justice Act 2003 is amended as follows.

2.In section 177 (community orders) after subsection (2) insert—

3.In section 148(2A) (restrictions in subsection (2) on making community…

4.An amendment made by this Part of this Schedule does…

Part 2 Deferring the passing of sentence to allow for restorative justice
5.After section 1 of the Powers of Criminal Courts (Sentencing)…

6.In section 1(8) of that Act (effect of sections 1…

7.The amendment made by paragraph 5 does not apply in…

Part 3 Removal of limits on compensation orders made against adults
8.(1) Section 131 of the Powers of Criminal Courts (Sentencing)…

9.In section 33B(5) of the Environmental Protection Act 1990 (limit…

10.Nothing in this Part of this Schedule affects orders in…

Part 4 Electronic monitoring of offenders
11.The Criminal Justice Act 2003 is amended as follows.

12.(1) Section 177 (community orders) is amended as follows.

13.(1) Section 190 (suspended sentence orders) is amended as follows….

14.In section 192(3)(b) (reviews of suspended sentence order)—

15.In section 197(1)(a) (meaning of “the responsible officer” where curfew…

16.(1) Section 215 (electronic monitoring requirement) is amended as follows….

17.After section 215 insert— Data from electronic monitoring: code of…

18.(1) Section 218 (availability of arrangements in local area) is…

19.In Schedule 8 (breach etc of community order) in paragraph…

20.(1) Schedules 9 and 13 (transfer of community or suspended…

21.In Schedule 12 (breach or amendment of suspended sentence order…

Part 5 Community orders: further provision
Breaches of community orders

22.(1) Omit paragraph (a) in each of subsections (2) and…

Community order not to be made in case of knife etc offence attracting minimum sentence

23.(1) In section 150 of the Criminal Justice Act 2003…

Part 6 Statements of assets and other financial circumstances of offenders etc
Financial circumstances orders

24.In section 162(3) of the Criminal Justice Act 2003 (a…

Further amendments

25.In section 84 of the Magistrates’ Courts Act 1980 (court’s…

26.In section 20A of the Criminal Justice Act 1991 (false…

27.In section 13B of the Crime and Disorder Act 1998…

28.(1) The Courts Act 2003 is amended as follows.

Part 7 Information to enable a court to deal with an offender
Power to disclose information

29.(1) The Secretary of State or a Northern Ireland Department,…

Offence where information wrongly used or disclosed

30.(1) It is an offence for a person to disclose…

Part 8 Related amendments in Armed Forces Act 2006
Community orders: punitive elements

31.The Armed Forces Act 2006 is amended as follows.

32.In section 178 (service community orders), in subsection (3) (provisions…

33.(1) Section 182 (overseas community orders) is amended as follows….

34.In section 270 (restrictions on community punishments) after subsection (2)…

35.An amendment made by any of paragraphs 32 to 34…

Removal of limits on compensation orders made against adults

36.(1) Section 284 of the Armed Forces Act 2006 (Service…

Electronic monitoring of offenders

37.(1) The Armed Forces Act 2006 is amended as follows….

Statements of assets and other financial circumstances of offenders etc

38.In section 266(2) of the Armed Forces Act 2006 (meaning…

SCHEDULE 17Deferred prosecution agreements
Part 1 General
Characteristics of a deferred prosecution agreement

1.(1) A deferred prosecution agreement (a “DPA”) is an agreement…

Effect of DPA on court proceedings

2.(1) Proceedings in respect of the alleged offence are to…

Designated prosecutors

3.(1) The following are designated prosecutors— (a) the Director of…

Persons who may enter into a DPA with a prosecutor

4.(1) P may be a body corporate, a partnership or…

Content of a DPA

5.(1) A DPA must contain a statement of facts relating…

Code on DPAs

6.(1) The Director of Public Prosecutions and the Director of…

Court approval of DPA: preliminary hearing

7.(1) After the commencement of negotiations between a prosecutor and…

Court approval of DPA: final hearing

8.(1) When a prosecutor and P have agreed the terms…

Breach of DPA

9.(1) At any time when a DPA is in force,…

Variation of DPA

10.(1) At any time when a DPA is in force,…

Discontinuance of proceedings on expiry of DPA

11.(1) If a DPA remains in force until its expiry…

Court order postponing publication of information by prosecutor

12.The court may order that the publication of information by…

Use of material in criminal proceedings

13.(1) Sub-paragraph (2) applies where a DPA between a prosecutor…

Money received by prosecutor under a DPA

14.Any money received by a prosecutor under a term of…

Part 2 Offences in relation to which a DPA may be entered into
Common law offences

15.Conspiracy to defraud.

16.Cheating the public revenue.

Statutory offences

17.An offence under any of the following sections of the…

18.An offence under any of the following sections of the…

19.An offence under any of the following sections of the…

20.An offence under section 450 of the Companies Act 1985…

21.An offence under section 72 of the Value Added Tax…

22.An offence under any of the following sections of the…

23.An offence under any of the following sections of the…

24.An offence under any of the following sections of the…

25.An offence under any of the following sections of the…

26.An offence under any of the following sections of the…

26ZA.An offence under any of the following sections of the…

26A.(1) An offence under an instrument made under section 2(2)…

26A.An offence under section 45 or 46 of the Criminal…

27.An offence under regulation 86 of the Money Laundering, Terrorist…

27A.An offence under regulations made under section 49 of the…

Ancillary offences

28.Any ancillary offence relating to an offence specified in this…

Interpretation of this Part

29.“Ancillary offence”, in relation to an offence, means—

30.This Schedule applies in relation to conduct occurring before the…

Power to amend this Part

31.The Secretary of State may by order amend this Part…

Part 3 Consequential and transitional provision
Consequential amendments

32.In section 2 of the Administration of Justice (Miscellaneous Provisions)…

33.In section 2 of the Criminal Procedure (Attendance of Witnesses)…

34.In Schedule 1 to the Contempt of Court Act 1981…

35.In section 15 of the Prosecution of Offences Act 1985…

36.In section 51 of the Criminal Justice and Public Order…

37.(1) The Criminal Procedure and Investigations Act 1996 is amended…

38.In section 85 of the Proceeds of Crime Act 2002…

Transitional provision

39.(1) Conduct constituting an alleged offence that occurred before the…

SCHEDULE 18Proceeds of crime: civil recovery of the proceeds etc of unlawful conduct
Part 1 Enforcement of interim orders in the United Kingdom
1.Section 18 of the Civil Jurisdiction and Judgments Act 1982…

2.In subsection (5)(d) (provisional measures), at the end insert “…

3.After subsection (6) insert— (6A) In subsection (5)(d), “an interim…

Part 2 Property or evidence outside the United Kingdom
4.Part 5 of the Proceeds of Crime Act 2002 (civil…

5.In section 280 (applying realised proceeds), in subsection (1), for…

6.After section 282A insert— Enforcement outside the United Kingdom Enforcement…

SCHEDULE 19Proceeds of crime: investigations
Part 1 Civil recovery investigations
1.Part 8 of the Proceeds of Crime Act 2002 (investigations)…

Meaning of “civil recovery investigation”

2.In section 341 (investigations), for subsections (2) and (3) substitute—…

3.After that section insert— Orders and warrants sought for civil…

Production orders: England and Walesand Northern Ireland

4.In section 345 (production orders), in subsection (2)(a), after “confiscation…

5.In section 346 (requirements for making of production order), in…

Search and seizure warrants: England and Walesand Northern Ireland

6.In section 352 (search and seizure warrants), in subsection (2)(a),…

7.(1) Section 353 (requirements where production order not available) is…

Disclosure orders: England and Walesand Northern Ireland

8.In section 357 (disclosure orders), in subsection (3)(b), at the…

9.In section 358 (requirements for making of disclosure order), in…

Customer information orders: England and Walesand Northern Ireland

10.In section 363 (customer information orders), in subsection (2)—

11.In section 365 (requirements for making of customer information order),…

Account monitoring orders: England and Walesand Northern Ireland

12.In section 370 (account monitoring orders), in subsection (2)—

13.In section 371 (requirements for making of account monitoring order),…

Production orders: Scotland

14.(1) Section 380 (production orders) is amended as follows.

15.(1) In section 381 (requirements for making of production order),…

Search warrants: Scotland

16.(1) Section 387 (search warrants) is amended as follows.

17.(1) Section 388 (requirements where production order not available) is…

Disclosure orders: Scotland

18.In section 391 (disclosure orders), in subsection (3)(b), at the…

19.In section 392 (requirements for making of disclosure order), in…

Customer information orders: Scotland

20.(1) Section 397 (customer information orders) is amended as follows….

21.In section 399 (requirements for making of customer information order),…

Account monitoring orders: Scotland

22.(1) Section 404 (account monitoring orders) is amended as follows….

23.In section 405 (requirements for making of account monitoring order),…

Part 2 Evidence overseas
24.Part 8 of the Proceeds of Crime Act 2002 (investigations)…

25.In section 341(3A) (definition of detained cash investigation)—

26.In Chapter 2 (England and Wales and Northern Ireland), after…

27.(1) Section 378 (officers) is amended as follows.

28.In Chapter 3 (Scotland), after section 408 insert— Evidence overseas…

Part 3 Consequential amendments: immigration officers and National Crime Agency
Immigration officers

29.In section 378 of the Proceeds of Crime Act 2002…

National Crime Agency

30.In section 378 of the Proceeds of Crime Act 2002…

SCHEDULE 20Extradition
Part 1 Forum
Extradition to category 1 territories

1.Part 1 of the Extradition Act 2003 (extradition to category…

2.In section 11 (bars to extradition)— (a) at the end…

3.After section 19A insert— Forum (1) The extradition of a person (“D”) to a category…

Extradition to category 2 territories

4.Part 2 of the Extradition Act 2003 (extradition to category…

5.In section 79 (bars to extradition)— (a) at the end…

6.After section 83 insert— Forum (1) The extradition of a person (“D”) to a category…

Transitional provision, saving and repeals

7.(1) In a case where the Part 1 warrant, or…

8.The powers conferred by section 177, 178 and 222 of…

9.In the Police and Justice Act 2006, in Schedule 13…

Part 2 Human rights issues
Extradition to category 2 territories

10.Part 2 of the Extradition Act 2003 (extradition to category…

11.In section 70 (extradition request and certificate), after subsection (9)…

12.In section 108 (appeal against extradition order) after subsection (4)…

13.In section 117 (extradition where no appeal), after subsection (4)…

Transitional provision and saving

14.(1) In a case where a request for a person’s…

15.The powers conferred by section 177, 178 and 222 of…

Part 3 Devolution issues in Scotland
Extradition to category 1 territories

16.Part 1 of the Extradition Act 2003 (extradition to category…

17.(1) In section 30 (detention pending conclusion of appeal under…

18.After section 33 insert— Scottish devolution issue: remand in custody…

19.After section 33A insert— Detention pending conclusion of appeals relating…

20.In section 34 (appeals: general), at the beginning insert “…

21.(1) In section 36 (extradition following appeal), for subsection (9)…

Extradition to category 2 territories

22.Part 2 of the Extradition Act 2003 (extradition to category…

23.(1) In section 107 (detention pending conclusion of appeal under…

24.(1) In section 112 (detention pending conclusion of appeal under…

25.After section 115A insert— Detention pending conclusion of appeals relating…

26.In section 116 (appeals: general), at the beginning insert “…

27.(1) In section 118 (extradition following appeal), for subsection (8)…

28.After section 118A (inserted by paragraph 27) insert— Scottish devolution…

Saving

29.The powers conferred by section 177, 178 and 222 of…

SCHEDULE 21Powers of immigration officers: further provision
Part 1 General
Police Act 1997

1.The Police Act 1997 is amended as follows.

2.(1) Section 93 (authorisations to interfere with property etc) is…

3.In section 94 (authorisations given in absence of authorising officer),…

4.In section 107 (supplementary provisions relating to Commissioners), in subsection…

Regulation of Investigatory Powers Act 2000

5.The Regulation of Investigatory Powers Act 2000 is amended as…

6.In section 32(6) (authorisation of intrusive surveillance: senior authorising officers),…

7.(1) Section 33 (rules for grant of authorisations) is amended…

8.(1) Section 34 (grant of authorisations in the senior officer’s…

9.(1) Section 35 (notification of authorisations for intrusive surveillance) is…

10.(1) Section 36 (approval required for authorisations to take effect)…

11.In section 37 (quashing of authorisations), in subsection (1)—

12.In section 40 (information to be provided to Surveillance Commissioners),…

13.In section 46 (restrictions on authorisations extending to Scotland), in…

Proceeds of Crime Act 2002

14.The Proceeds of Crime Act 2002 is amended as follows….

15.In section 41A (restraint orders: power to retain seized property…

16.(1) Section 47C (power to seize property) is amended in…

17.In section 47G (“appropriate approval”), in subsection (3), after paragraph…

18.In section 47M (further detention in other cases), in subsection…

19.In section 72 (serious default), in subsection (9), after paragraph…

20.In section 120A (restraint orders: power to retain seized property…

21.(1) Section 127C (power to seize property) is amended in…

22.In section 127G (“appropriate approval”), in subsection (3), after paragraph…

23.In section 127M (further detention in other cases: Scotland), in…

24.In section 190A (restraint orders: power to retain seized property),…

25.(1) Section 195C (power to seize property) is amended in…

26.In section 195G (“appropriate approval”), in subsection (3), after paragraph…

27.In section 195M (further detention in other cases: Northern Ireland),…

28.In section 297A (forfeiture notice), in subsection (6), after paragraph…

29.In section 297F (release of cash subject to forfeiture notice),…

30.In section 351 (supplementary provision about production orders), in subsection…

31.In section 352 (search and seizure warrants), in subsection (5)—…

32.In section 353 (requirements where production order not available), in…

33.In section 356 (further provisions: civil recovery and detained cash),…

34.In section 357 (disclosure orders), in subsection (8)—

35.(1) Section 369 (supplementary provision about customer information orders) is…

36.In section 375 (supplementary provision about account monitoring orders), in…

37.(1) Section 377 (code of practice of Secretary of State…

38.In section 412 (interpretation of Chapter 3 of Part 8…

UK Borders Act 2007

39.In section 24 of the UK Borders Act 2007 (seizure…

Saving of provisions of Borders, Citizenship and Immigration Act 2009

40.The amendments made to any other Act by section 55…

Part 2 Modification of applied enactments
Criminal Justice and Public Order Act 1994

41.Paragraphs 42 to 43 have effect for the purposes of…

42.A reference to a constable (including a reference to a…

42A.(1) This paragraph has effect in relation to the application…

42B.(1) Where section 137C applies in accordance with paragraph 42A,…

42C.(1) This paragraph has effect in relation to the application…

42D.(1) Where section 137C applies in accordance with paragraph 42C,…

43.(1) This paragraph has effect in relation to the application…

Part 3 Scotland
Criminal Law (Consolidation) (Scotland) Act 1995

44.The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as…

45.(1) Section 24 (detention and questioning at office of Revenue…

46.In section 25 (right to have someone informed when detained),…

47.(1) Section 25A (right of suspects to have access to…

48.In section 26B (interpretation of Part 3 etc)—

49.(1) The amendments made by section 55(10), and paragraph 45…

Consequential amendments relating to legal aid in Scotland

50.(1) In section 8A of the Legal Aid (Scotland) Act…

SCHEDULE 22Drugs and driving: minor and consequential amendments
Road Traffic Act 1988 (c. 52)

1.The Road Traffic Act 1988 is amended as follows.

2.(1) Section 3A (causing death by careless driving when under…

3.(1) Section 6C (preliminary drug test) is amended as follows….

4.In section 6D (arrest), in subsection (1), for the words…

5.(1) Section 7 (provision of specimens for analysis) is amended…

6.(1) Section 10 (detention of persons affected by alcohol or…

7.In section 192 (general interpretation of Act), in the definition…

8.. . . . . . . . . ….

Road Traffic Offenders Act 1988 (c. 53)

9.The Road Traffic Offenders Act 1988 is amended as follows….

10.(1) Section 15 (use of specimens in proceedings for an…

11.(1) Section 24 (alternative verdicts: general) is amended as follows….

12.In section 34 (disqualification for certain offences), in subsection (3),…

13.In Schedule 1 (offences to which sections 1, 6, 11…

14.. . . . . . . . . ….

Football Spectators Act 1989 (c. 37)

15.In Schedule 1 to the Football Spectators Act 1989 (relevant…

Crime (International Co-operation) Act 2003 (c. 32)

16.In Schedule 3 to the Crime (International Co-operation) Act 2003…

Armed Forces Act 2006 (c. 52)

17.In Schedule 1 to the Armed Forces Act 2006 (criminal…

SCHEDULE 23Super-affirmative procedure
Prior consultation

1.If the Secretary of State is proposing to make an…

Draft order

2.(1) If, after such a consultation, the Secretary of State…

Draft order approved

3.(1) The Secretary of State may make an order in…

Scrutiny extended

4.(1) The Secretary of State must have regard to—

Interpretation

5.(1) For the purposes of this paragraph an order is…

SCHEDULE 24The NCA: Northern Ireland
Provisions that do not extend to Northern Ireland

1.(1) The relevant NCA provisions do not extend to Northern…

Power to provide for provisions to extend to Northern Ireland

2.The Secretary of State may, by order, provide for any…

Provisions extended to Northern Ireland: consequential provision

3.The Secretary of State may, by order, make such provision…

Provisions not extending to Northern Ireland: consequential provision

4.The Secretary of State may, by order, make such provision…

NCA functions in Northern Ireland

5.The Secretary of State may, by order, make such provision…

Consent of Northern Ireland Assembly to transferred provision

6.(1) The Secretary of State may not make an order…

Orders under this Schedule: particular provision

7.(1) The provision that may be made by an order…

Interpretation

8.Expressions used in this Schedule and in Part 1 of…

9.For the purposes of this Schedule, each of the provisions…

10.In this Schedule— “ancillary” has the meaning given in section…

SCHEDULE 25Proceeds of crime provisions: Northern Ireland
Part 1 Civil recovery provisions
Meaning of “relevant civil recovery provision”

1.For the purposes of this Part of this Schedule, each…

Relevant civil recovery provisions not to extend to Northern Ireland unless order made

2.(1) The relevant civil recovery provisions do not extend to…

Power to provide for relevant civil recovery provisions to extend to Northern Ireland

3.The Secretary of State may, by order, provide for one…

Relevant civil recovery provision extending to Northern Ireland

4.(1) The Secretary of State may, by order, make such…

Relevant civil recovery provision not extending to Northern Ireland

5.The Secretary of State may, by order, make such provision…

Consent of Northern Ireland Assembly to transferred provision

6.(1) The Secretary of State may not make an order…

Orders under this Part of this Schedule: particular provision

7.(1) The provision that may be made by an order…

Part 2 Investigation provisions
Meaning of “relevant investigation provision”

8.For the purposes of this Part of this Schedule, each…

Relevant investigation provisions not to extend to Northern Ireland unless order made

9.(1) The relevant investigation provisions do not extend to Northern…

Power to provide for relevant investigation provisions to extend to Northern Ireland

10.The Secretary of State may, by order, provide for one…

Relevant investigation provision extending to Northern Ireland

11.The Secretary of State may, by order, make such provision…

Relevant investigation provision not extending to Northern Ireland

12.The Secretary of State may, by order, make such provision…

Consent of Northern Ireland Assembly to transferred provision

13.(1) The Secretary of State may not make an order…

Orders under this Part of this Schedule: particular provision

14.(1) The provision that may be made by an order…