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PART 4 continued CHAPTER 2 continued
(5) While an interim order is in force, Part 1 of the Sex Offenders Act 1997 (c. 51) shall have effect as if—
(a) the defendant were subject to the notification requirements of that Part; and
(b) in relation to him, the relevant date (within the meaning of that Part) were the date of service of the order.
(6) The applicant or the defendant may apply for the variation or discharge of the interim order by a further order.
(7) If without reasonable excuse a person does anything which he is prohibited from doing by an interim order, he is guilty of an offence.
(8) A person guilty of an offence under paragraph (7) shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.
(9) Where a person is convicted of an offence under paragraph (7), it shall not be open to the court by or before which he is convicted to make an order under paragraph (1)(b) (conditional discharge) of Article 4 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/ 3160 (N.I. 24)) in respect of the offence.”
(2) In Article 7(7) of that Order (sex offender orders: supplemental)—
(a) after “a sex offender order” there shall be inserted “or an interim order under Article 6A”;
(b) after “Article 6(6)” there shall be inserted “or 6A(6)”.
After Article 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)) (which is inserted by section 73 above) there shall be inserted—
(1) If without reasonable excuse a person does anything in Northern Ireland which he is prohibited from doing there by an order under section 2, 2A or 20 of the Crime and Disorder Act 1998 (c. 37) he is guilty of an offence.
(2) A person who is guilty of an offence under paragraph (1) shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.
(3) Where a person is convicted of an offence under paragraph (1), it shall not be open to the court by or before which he is convicted to make an order under paragraph (1)(b) (conditional discharge) of Article 4 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/ 3160 (N.I. 24)) in respect of the offence.”
(1) In section 16 of the Crime and Disorder Act 1998 (c. 37) (removal of truants to designated place), after subsection (3) there shall be inserted—
“(3A) The power of a police officer of or above the rank of superintendent under subsection (2) to specify any area falling within a police area shall be exercisable by such an officer who is a member of the British Transport Police as if the reference in that subsection to an area in the police area were a reference to—
(a) any area in or in the vicinity of any policed premises; or
(b) the whole or any part of any such premises;
and references in subsection (3) to the specified area shall have effect accordingly.”
(2) In subsection (5) of that section (interpretation)—
(a) before the definition of “local authority” there shall be inserted—
““British Transport Police” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);”
and
(b) after the definition of “local authority” there shall be inserted—
““policed premises” has the meaning given by section 53(3) of the British Transport Commission Act 1949;”.
(1) Part 3 of the Road Traffic Offenders Act 1988 (c. 53) (fixed penalties) shall be amended as follows.
(2) In section 54(9) (meaning of authorised person for the purposes of fixed penalty provisions), at the end there shall be inserted “or a person authorised for those purposes by or on behalf of the chief constable of the British Transport Police.”
(3) In section 75(1) (conditional offers in England and Wales), at the end there shall be inserted “or, if the constable is a member of the British Transport Police, by or on behalf of the chief constable of the British Transport Police.”
(4) In section 76(2) (limitation on proceedings), in paragraph (a), for “the chief officer” there shall be substituted “the person by or on whose behalf the conditional offer was sent”.
(5) In section 87 (guidance from the Secretary of State), after “areas” there shall be inserted “and to the chief constable of the British Transport Police”.
(6) In section 89 (interpretation of Part 3), after the definition of “authorised person” there shall be inserted—
““British Transport Police” means the force of constables appointed under the British Transport Commission Act 1949 (c. xxix);”.
(1) After section 2 of the Police (Property) Act 1897 (c. 30) there shall be inserted—
(1) This Act applies to property which has come into the possession of the National Crime Squad as it applies to property that has come into the possession of the police.
(2) In relation to property that has come into the possession of the National Crime Squad—
(a) the reference in section 1(1) to an officer of police is a reference to a member of that Squad; and
(b) references in section 2 to the property remaining in the possession of the police are references to its remaining in the possession of that Squad.
(3) The power to make regulations under section 2 has effect in relation to property that has come into the possession of the National Crime Squad as if—
(a) the relevant authority for the purposes of subsection (2A) of that section were the Service Authority for that Squad; and
(b) the reference in subsection (2A)(c) of that section to police purposes were a reference to the purposes of that Squad.”
(2) In section (2) of that Act (regulations), for subsection (2B) there shall be substituted—
“(2B) The relevant authority for the purposes of subsection (2A) is the police authority.”
Police Reform Act 2002