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penalty notices) after paragraph (a) insert— | |
“(aa) the powers of a constable in uniform to give a penalty notice | |
under Chapter 1 of Part 1 of the Criminal Justice and Police | |
Act 2001 (fixed penalty notices in respect of offences of | |
disorder) except in respect of an offence under section 12 of | 5 |
the Licensing Act 1872 or section 91 of the Criminal Justice | |
Act 1967;”. | |
(6) After paragraph 8 of that Schedule insert— | |
“Power to stop cycles | |
8A (1) Subject to sub-paragraph (2), a person whose accreditation specifies | 10 |
that this paragraph applies to him shall, within the relevant police | |
area, have the power of a constable in uniform under section 163(2) | |
of the Road Traffic Act 1988 to stop a cycle. | |
(2) The power mentioned in sub-paragraph (1) may only be exercised by | |
that person in relation to a person who he has reason to believe has | 15 |
committed an offence under section 72 of the Highway Act 1835 | |
(riding on a footway) by cycling.” | |
(7) After paragraph 9 of that Schedule insert— | |
“Power to modify paragraph 1(2)(aa) | |
9A (1) The Secretary of State may by order provide that paragraph 1(2)(aa) | 20 |
is to have effect as if the reference to the powers there mentioned did | |
not include those powers so far as they relate to an offence under any | |
provision for the time being mentioned in the first column of the | |
Table in section 1(1) of the Criminal Justice and Police Act 2001 | |
which is specified in the order. | 25 |
(2) The Secretary of State shall not make an order containing (with or | |
without any other provision) any provision authorised by this | |
paragraph unless a draft of that order has been laid before | |
Parliament and approved by a resolution of each House.” | |
42 Report by local authority in certain cases where person remanded on bail | 30 |
After section 23A of the Children and Young Persons Act 1969 (c. 54) there is | |
inserted— | |
“23B Report by local authority in certain cases where person remanded on | |
bail | |
(1) Subsection (2) below applies where a court remands a person aged 10 | 35 |
or 11 on bail and either— | |
(a) the person is charged with or has been convicted of a serious | |
offence, or | |
(b) in the opinion of the court the person is a persistent offender. | |
(2) The court may order a local authority to make an oral or written report | 40 |
specifying where the person is likely to be placed or maintained if he is | |
further remanded to local authority accommodation. | |
(3) An order under subsection (2) above must designate the local authority | |
which is to make the report; and that authority must be the local | |
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authority which the court would have designated under section 23(2) | |
of this Act if the person had been remanded to local authority | |
accommodation. | |
(4) An order under subsection (2) above must specify the period within | |
which the local authority must comply with the order. | 5 |
(5) The maximum period that may be so specified is seven working days. | |
(6) If the Secretary of State by order so provides, subsection (2) above also | |
applies where— | |
(a) a court remands on bail any person who has attained the age of | |
12 and is under the age of 17, | 10 |
(b) the requirement in section 23AA(3) of this Act is fulfilled, and | |
(c) in a case where he is remanded after conviction, the court is | |
satisfied that the behaviour which constituted the offence was | |
due, to a significant extent, to the circumstances in which the | |
offender was living. | 15 |
(7) In this section— | |
“serious offence” means an offence punishable in the case of an | |
adult with imprisonment for a term of two years or more. | |
“working day” means any day other than— | |
(a) a Saturday or a Sunday, | 20 |
(b) Christmas day or Good Friday, or | |
(c) a bank holiday in England and Wales under the Banking | |
and Financial Dealings Act 1971.”. | |
Part 6 | |
Firearms | 25 |
43 Possession of air weapon or imitation firearm in public place | |
(1) In section 19 of the Firearms Act 1968 (c. 27) (offence to carry firearm in public | |
place) for the words from “a loaded shot gun” to the end of the section | |
substitute— | |
“(a) a loaded shot gun, | 30 |
(b) an air weapon (whether loaded or not), | |
(c) any other firearm (whether loaded or not) together with | |
ammunition suitable for use in that firearm, or | |
(d) an imitation firearm.” | |
(2) In Part I of Schedule 6 to that Act (punishment) in the entry relating to section | 35 |
19— | |
(a) in the second column (general nature of offence) for “loaded firearm” | |
substitute “firearm or imitation firearm”, and | |
(b) in the third column (mode of prosecution) after “not” insert “in the case | |
of an imitation firearm or”. | 40 |
(3) The following shall be inserted after paragraph 5 of Schedule 1A to the Police | |
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and Criminal Evidence Act 1984 (c. 60) (arrestable offences)— | |
“Firearms Act 1968 | |
5A An offence under section 19 of the Firearms Act 1968 (carrying | |
firearm or imitation firearm in public place) in respect of an air | |
weapon or imitation firearm.” | 5 |
44 Air weapons: age limits | |
(1) The Firearms Act 1968 (c. 27) shall be amended as follows. | |
(2) In section 22 (acquisition and possession of firearms by minors)— | |
(a) in subsection (4) for “fourteen” substitute “seventeen”, and | |
(b) omit subsection (5). | 10 |
(3) In section 23 (the heading to which becomes “Exceptions from s. 22(4)”)— | |
(a) in subsection (2) omit “or (5)”, and | |
(b) after subsection (2) insert— | |
“(3) It is not an offence under section 22(4) of this Act for a person of | |
or over the age of fourteen to have with him an air weapon or | 15 |
ammunition on private premises with the consent of the | |
occupier. | |
(4) But where a person has with him an air weapon on premises in | |
circumstances where he would be prohibited from having it | |
with him but for subsection (3), it is an offence for him to use it | 20 |
for firing any missile beyond those premises.” | |
(4) In section 24(4) (offence to give air weapon or ammunition to person under | |
fourteen)— | |
(a) in paragraph (a) for “fourteen” substitute “seventeen”, and | |
(b) in paragraph (b) for “that age” substitute “the age of seventeen”. | 25 |
(5) In Part I of Schedule 6 (punishment)— | |
(a) in the entry relating to section 22(4) in the second column (general | |
nature of offence) for “14” substitute “17”, | |
(b) omit the entry relating to section 22(5), | |
(c) in the entry relating to section 23(1) in the second column for “14” | 30 |
substitute “17”, | |
(d) after that entry insert— | |
| | “Section | Person under 17 | Summary | A fine of level | Paragraphs 7 | | | | | 23(4) | making improper use | | 3 on the | and 8 of Part | | | | | | of air weapon on | | standard | II of this | | 35 | | | | private premises. | | scale. | Schedule | | | | | | | | | apply.”, | | |
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and | |
(e) in the entry relating to section 24(4) in the second column for “14” | |
substitute “17”. | 40 |
(6) In Part II of that Schedule (supplementary)— | |
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(a) in paragraph 7 for “22(4) or (5), 23(1)” substitute “22(4), 23(1) or (4)”, | |
and | |
(b) in paragraph 8 for “22(3), (4) or (5), 23(1)” substitute “22(3) or (4), 23(1) | |
or (4)”. | |
45 Prohibition of certain air weapons | 5 |
(1) The Firearms Act 1968 (c. 27) shall be amended as follows. | |
(2) In section 1(3)(b) after “air pistol” insert “which does not fall within section 5(1) | |
and which is”. | |
(3) In section 5 (weapons subject to general prohibition) after subsection (1)(ae) | |
insert— | 10 |
“(af) any air rifle, air gun or air pistol which uses, or is designed or | |
adapted for use with, a self-contained gas cartridge system;”. | |
(4) If at the time when subsection (3) comes into force a person has in his | |
possession an air rifle, air gun or air pistol of the kind described in section | |
5(1)(af) of the Firearms Act 1968 (inserted by subsection (3) above)— | 15 |
(a) section 5(1) of that Act shall not prevent the person’s continued | |
possession of the air rifle, air gun or air pistol, | |
(b) section 1 of that Act shall apply, and | |
(c) a chief officer of police may not refuse to grant or renew, and may not | |
revoke or partially revoke, a firearm certificate under Part II of that Act | 20 |
on the ground that the person does not have a good reason for having | |
the air rifle, air gun or air pistol in his possession. | |
(5) But subsection (4)(a) to (c) shall not apply to possession in the circumstances | |
described in section 8 of that Act (authorised dealing). | |
(6) In section 1 of the Firearms (Amendment) Act 1988 (c. 45)— | 25 |
(a) in subsection (4), omit the word “or” at the end of paragraph (a) and | |
after paragraph (b) insert— “; or | |
(c) any air rifle, air gun or air pistol which is not for the time | |
being specified in that subsection but appears to him to | |
be specially dangerous,”, and | 30 |
(b) after subsection (4) insert— | |
“(4A) An order under subsection (4)— | |
(a) may provide for a provision of the principal Act to apply | |
with or without modification or exception in relation to | |
anything added to subsection (1) of section 5 by the | 35 |
order, | |
(b) may impose conditions in respect of any application, | |
modification or exception provided for by the order | |
(which may, in particular, include provision requiring a | |
person to obtain a certificate in accordance with an | 40 |
enactment referred to or applied by the order), | |
(c) may make provision generally or by reference to a | |
particular purpose or circumstance, | |
(d) may confer a function on the Secretary of State or | |
another specified person, and | 45 |
(e) may make transitional, consequential or incidental | |
provision.” | |
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Part 7 | |
The environment | |
Noise | |
46 Closure of noisy premises | |
(1) The chief executive officer of the relevant local authority may make a closure | 5 |
order in relation to premises to which this section applies if he reasonably | |
believes that— | |
(a) a public nuisance is being caused by noise coming from the premises, | |
and | |
(b) the closure of the premises is necessary to prevent that nuisance. | 10 |
(2) This section applies to premises if— | |
(a) a premises licence has effect in respect of them, or | |
(b) a temporary event notice has effect in respect of them. | |
(3) In this section “closure order” means an order which requires specified | |
premises to be kept closed during a specified period which— | 15 |
(a) does not exceed 24 hours, and | |
(b) begins when a manager of the premises receives written notice of the | |
order. | |
(4) A person commits an offence if without reasonable excuse he permits premises | |
to be open in contravention of a closure order. | 20 |
(5) A person guilty of an offence under this section shall be liable on summary | |
conviction to— | |
(a) imprisonment for a term not exceeding three months, | |
(b) a fine not exceeding £20,000, or | |
(c) both. | 25 |
47 Closure of noisy premises: supplemental | |
(1) Where a closure order is made in relation to premises, the chief executive | |
officer of the relevant local authority— | |
(a) may cancel the closure order by notice in writing to a manager of the | |
premises, | 30 |
(b) shall cancel the order as soon as is reasonably practicable if he believes | |
that it is no longer necessary in order to prevent a public nuisance being | |
caused by noise coming from the premises, and | |
(c) shall give notice of the order as soon as is reasonably practicable to the | |
licensing authority for the area in which the premises are situated. | 35 |
(2) The chief executive officer of a local authority may authorise an environmental | |
health officer of the authority to exercise a power or duty of the chief executive | |
officer under section 46(1) or under subsection (1) above; and— | |
(a) authority under this subsection may be general or specific, and | |
(b) a reference in section 46(1) or subsection (1) above to a belief of the chief | 40 |
executive officer includes a reference to a belief of a person authorised | |
under this subsection. | |
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(3) In section 46 and this section— | |
“chief executive officer” of an authority means the head of the paid service | |
of the authority designated under section 4 of the Local Government | |
and Housing Act 1989 (c. 42), | |
“environmental health officer” of an authority means an officer | 5 |
authorised by the authority for the purpose of exercising a statutory | |
function in relation to pollution of the environment or harm to human | |
health, | |
“licensing authority” has the same meaning as in the Licensing Act 2003, | |
“manager” in relation to premises means— | 10 |
(a) a person who holds a premises licence in respect of the | |
premises, | |
(b) a designated premises supervisor under a premises licence in | |
respect of the premises, | |
(c) the premises user in relation to a temporary event notice which | 15 |
has effect in respect of the premises, and | |
(d) any other person who works at the premises in a capacity (paid | |
or unpaid) which enables him to close them, | |
“premises licence” has the same meaning as in the Licensing Act 2003, | |
“relevant local authority” in relation to premises means an authority | 20 |
which has statutory functions, for the area in which the premises are | |
situated, in relation to minimising or preventing the risk of pollution of | |
the environment or of harm to human health, and | |
“temporary event notice” has the same meaning as in the Licensing Act | |
2003 (and is to be treated as having effect in accordance with section | 25 |
170(6) of that Act). | |
48 Dealing with noise at night | |
(1) The Noise Act 1996 (c. 37) is amended as follows. | |
(2) For section 1 (sections 2 to 9 only apply to area of local authority if authority | |
have so resolved or an order by Secretary of State so provides) substitute— | 30 |
“1 Application of sections 2 to 9 | |
Sections 2 to 9 apply to the area of every local authority in England and | |
Wales.” | |
(3) For section 2(1) (local authority under duty to investigate complaint of noise | |
from dwelling at night) substitute— | 35 |
“(1) A local authority in England and Wales may, if they receive a complaint | |
of the kind mentioned in subsection (2), arrange for an officer of the | |
authority to take reasonable steps to investigate the complaint.” | |
(4) In section 2(7) (power of local authority to act in relation to dwelling within | |
area of other authority) omit the words from “and accordingly” to the end. | 40 |
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