PART 2 continued CHAPTER 1 continued
(3) A person who commits an offence under subsection (1)(a) or (c) is liable on summary conviction to—
(a) imprisonment for a term not exceeding 6 months;
(b) a fine not exceeding level 5 on the standard scale; or
(c) both such imprisonment and such a fine.
(4) A person who commits an offence under subsection (1)(b) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(5) A person who, in connection with an application under section 64 to be exempted from a notice under section 61(4)—
(a) knowingly or recklessly makes a statement which is false or misleading in a material particular; or
(b) knowingly or recklessly produces, furnishes, signs or otherwise makes use of a document which is false or misleading in a material particular,
commits an offence.
(6) A person who commits an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) In this Chapter—
“the football banning orders authority” means the chief constable of the police force maintained for the Strathclyde combined police area; and
“passport” means a United Kingdom passport within the meaning of the Immigration Act 1971 (c. 77).
(2) The Scottish Ministers may by order modify the definition of “the football banning orders authority” in subsection (1).
(1) Section 62 of the Civic Government (Scotland) Act 1982 (c. 45) (giving notice of proposal to hold public processions) (“the 1982 Act”) is amended in accordance with subsections (2) to (8).
(2) In subsection (2)—
(a) in paragraph (a), for “7” there is substituted “28”;
(b) in paragraph (b), for “7” there is substituted “28”.
(3) In subsection (4), for “7” there is substituted “28”.
(4) In subsection (5), for “specify” to “above”, where secondly occurring, there is substituted—
“(a) set out the reason why notice of the proposal was not given in accordance with subsections (1) and (2) above; and
(b) specify the matters mentioned in subsection (3) above,”.
(5) Subsections (6), (7) and (8) are repealed.
(6) In subsection (9), the words “or making, varying or revoking an order under subsection (6) or (7) above” are repealed.
(7) Subsection (11) is repealed.
(8) After subsection (11) there is inserted—
“(11A) A local authority shall, as soon as possible after making an order under subsection (4) above, publicise that fact in such manner as they think fit and send a copy of the order to the applicant.
(11B) This section does not apply to a procession—
(a) which is a funeral procession organised by a funeral director acting in the ordinary course of his business; or
(b) which is specified in, or is within a description specified in, an order made by the Scottish Ministers.
(11C) In subsection (11B) above, a “funeral director” is a person whose business consists of or includes the arrangement and conduct of funerals.
(11D) An order made for the purposes of subsection (11B)(b) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.”.
(1) Section 63 of the 1982 Act (councils' functions in relation to processions) is amended as follows.
(2) Subsection (2) (which specifies some kinds of conditions which may be imposed on the holding of a procession) is repealed.
(3) At the end there are inserted the following subsections—
“(5) The local authority may, after consulting the chief constable and (where section 62(1)(aa) of this Act applies) the National Parks Authority, make an order—
(a) imposing conditions on the holding of a procession to which paragraph (a) of subsection (11B) of section 62 of this Act relates;
(b) prohibiting or imposing conditions on the holding of a procession to which paragraph (b) of that subsection relates.
(6) Subsections (1A), (3) and (4) above apply in relation to an order made under subsection (5) above and to a decision not to make an order under that subsection as they apply to an order under subsection (1) above and to a decision not to make an order under that subsection respectively, but with the modifications set out in subsection (7) below.
(7) Those modifications are—
(a) the references to notice having been or falling to be treated as having been given shall be ignored;
(b) the reference to the person who gave the notice shall be treated as a reference to the person appearing to the local authority to be the person who is to hold the procession; and
(c) the words “not to make an order under subsection (1) above or” in subsection (3)(a)(ii) shall be ignored.
(8) The considerations to which the local authority shall have regard when deciding whether to prohibit the holding of a procession or impose conditions on it under this section shall include—
(a) the likely effect of the holding of the procession in relation to—
(i) public safety;
(ii) public order;
(iii) damage to property;
(iv) disruption of the life of the community;
(b) the extent to which the containment of risks arising from the procession would (whether by itself or in combination with any other circumstances) place an excessive burden on the police;
(c) where the person proposing to hold the procession has previously held one in the area of the authority or the persons likely to take part in the procession, or some of them, are the same persons as took part in one previously held in that area, or some of them—
(i) whether the previous procession was held in breach of a prohibition under this section on its being held or of a condition so imposed on the holding of it;
(ii) whether any guidance or code of conduct issued by the authority as to the holding of the previous procession or as to the holding of processions generally was followed; and
(iii) the effect of the previous procession in relation to the matters mentioned in sub-paragraphs (i) to (iv) of paragraph (a) above and in paragraph (b) above.
(9) The local authority shall compile, maintain and make available to the public, free of charge, a list containing information about—
(a) processions which have, after the coming into force of this subsection, been held in their area;
(b) proposed processions which they have, after that time, prohibited under this section.
(10) A local authority shall make sufficient arrangements to secure that any person, body or other grouping resident in or otherwise present in their area who makes a request for the purposes of this subsection is enabled to receive information about processions which are to or might be held in that area or in any part of it specified in the request.”.
(1) In section 64(6)(a)(ii) of the 1982 Act (sheriff’s powers on appeal against order under section 63)—
(a) for “vary” there is substituted “quash”;
(b) after “appeal” there is inserted “, vary it”; and
(c) after “make” there is inserted “in substitution for the order”.
(2) In section 65 of that Act (offences and enforcement)—
(a) in subsection (1), in paragraph (a)—
(i) for “without” there is substituted “not”; and
(ii) sub-paragraph (ii) and the word “and” immediately preceding it are repealed;
(b) in subsection (2), paragraph (a)(ii) and the word “and” immediately preceding it are repealed;
(c) for subsection (3), there is substituted—
“(3) This section applies to a procession of the description set out in section 62(11B)(a) of this Act (funeral processions) only to the extent that the procession has been held otherwise than in accordance with conditions imposed under this Part of this Act.
(3A) This section applies to a procession which is within section 62(11B)(b) of this Act (processions specified by order) only if and to the extent that it has been prohibited or conditions imposed on it under this Part of this Act.”.
(3) After that section there is inserted—
The local authority shall, in carrying out functions under this Part of this Act, have regard to any guidance in that respect issued by the Scottish Ministers.”.
(1) The Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) is amended as follows.
(2) In section 49(1)(a) (penalty on summary conviction for offence of possessing an article with a blade or point in a public place) for “six” there is substituted “twelve”.
(3) In section 49(1)(b) (penalty on indictment for offence of possessing an article with a blade or point in a public place), for “two” there is substituted “four”.
(4) In section 49A(5)(a)(i) (penalty on summary conviction for offence of possessing an article with a blade or point on school premises) for “six” there is substituted “twelve”.
(5) In section 49A(5)(a)(ii) (penalty on indictment for offence of possessing an article with a blade or point on school premises), for “two” there is substituted “four”.
(1) The Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) is amended as follows.
(2) In section 47(3) (power of constable to arrest without warrant person suspected of possessing an offensive weapon in a public place)—
(a) after “believe” where first occurring there is inserted “to have committed or”; and
(b) the words from “if” to the end are repealed.
(3) In section 48(3) (power of constable to arrest without warrant person suspected of obstructing search for offensive weapon), after “committed” there is inserted “or is committing”.
(4) In section 50(3) (power of constable to arrest without warrant person suspected of contravening section 49(1) or 49A(1) or (2)), the following provisions are repealed—
(a) paragraph (a) and the words “and the constable” immediately preceding it; and
(b) paragraph (b).
(1) Section 141A of the Criminal Justice Act 1988 (c. 33) (sale of knives etc. to persons under 16) is amended as follows.
(2) In subsection (1)—
(a) at the beginning there is inserted “Subject to subsection (3A) below”; and
(b) for “sixteen” there is substituted “eighteen”.
(3) In subsection (2)—
(a) the word “and” immediately following paragraph (b) is repealed; and
(b) after that paragraph there is inserted—
“(ba) any sword; and”.
(4) After subsection (3) there is inserted—
“(3A) It is not an offence under subsection (1) to sell a knife or knife blade to a person if—
(a) the person is aged 16 or over; and
(b) the knife or blade is designed for domestic use.”.
(5) The side note to that section becomes “Sale of knives and certain articles with blade or point to persons under eighteen”.
After section 11 of the Fireworks Act 2003 (c. 22) there is inserted—
(1) A constable may search a person without warrant if the constable has reasonable grounds for suspecting that the person possesses a firework in contravention of a prohibition imposed by fireworks regulations.
(2) A constable may detain a person for such time as is reasonably required to permit a search of the person under subsection (1) to be carried out.
(3) A constable who detains a person under subsection (2) must inform the person of the reason for the detention.
(4) If in the course of a search under this section, a constable discovers a firework which the constable has reasonable grounds for suspecting is being possessed by the person in contravention of a prohibition imposed by fireworks regulations, the constable may seize it.
(5) A person who—
(a) intentionally obstructs a constable in the exercise of the constable’s power under subsection (1) or (2); or
(b) conceals from a constable acting in the exercise of the constable’s power under subsection (1) any firework whose possession contravenes a prohibition imposed by fireworks regulations,
commits an offence.
(6) A constable may arrest a person without warrant if the constable has reasonable cause to believe the person has committed or is committing an offence under subsection (5).
(7) A person who commits an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) A constable may arrest a person without warrant if—
(a) the constable has reasonable cause to believe that the person has committed or is committing an offence under section 11(1) in respect of a contravention of a prohibition on possession of a firework; and
(b) either of the two conditions mentioned in subsection (2) is met.
(2) The conditions are that—
(a) having asked the person to give the person’s name or address (or both), the constable—
(i) is not given the information asked for; or
(ii) is not satisfied that such information as is given is correct;
(b) the constable has reasonable cause to believe it is necessary to arrest the person in order to prevent the person committing any other offence in the course of whose commission there might be used a firework whose possession is prohibited by fireworks regulations.”.
(1) The 1995 Act is amended in accordance with subsections (2) to (5).
(2) After section 19A there is inserted—
(1) This section applies where a person is subject to—
(a) the notification requirements of Part 2 of the 2003 Act;
(b) an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) (a risk of sexual harm order); or
(c) an order under section 123 of the 2003 Act (which makes provision for England and Wales and Northern Ireland corresponding to section 2 of that Act of 2005).
(2) This section applies regardless of whether the person became subject to those requirements or that order before or after the commencement of this section.
(3) Subject to subsections (4) to (8) below, where this section applies a constable may—
(a) take from the person or require the person to provide him with such relevant physical data as the constable considers reasonably appropriate;
(b) with the authority of an officer of a rank no lower than inspector, take from the person any sample mentioned in any of paragraphs (a) to (c) of subsection (6) of section 18 of this Act by the means specified in that paragraph in relation to that sample;
(c) take, or direct a police custody and security officer to take, from the person any sample mentioned in subsection (6A) of that section by the means specified in that subsection.
(4) Where this section applies by virtue of subsection (1)(c) above, the power conferred by subsection (3) shall not be exercised unless the constable reasonably believes that the person’s sole or main residence is in Scotland.
(5) The power conferred by subsection (3) above shall not be exercised where the person has previously had taken from him or been required to provide relevant physical data or any sample under section 19(2) or 19A(2) of this Act unless the data so taken or required have been or, as the case may be, the sample so taken has been, lost or destroyed.
(6) The power conferred by subsection (3) above shall not be exercised where the person has previously had taken from him or been required to provide relevant physical data or any sample under that subsection unless the data so taken or required or, as the case may be, the sample so taken—
(a) have or has been lost or destroyed; or
(b) were or was not suitable for the particular means of analysis or, though suitable, were or was insufficient (either in quantity or quality) to enable information to be obtained by that means of analysis.
(7) The power conferred by subsection (3) above may be exercised only—
(a) in a police station; or
(b) where the person is in legal custody by virtue of section 295 of this Act, in the place where the person is for the time being.
(8) The power conferred by subsection (3) above may be exercised in a police station only—
(a) where the person is present in the police station in pursuance of a requirement made by a constable to attend for the purpose of the exercise of the power; or
(b) while the person is in custody in the police station following his arrest or detention under section 14(1) of this Act in connection with any offence.
(9) A requirement under subsection (8)(a) above—
(a) shall give the person at least seven days' notice of the date on which he is required to attend;
(b) may direct him to attend at a specified time of day or between specified times of day; and
(c) where this section applies by virtue of subsection (1)(b) or (c) above, shall warn the person that failure, without reasonable excuse, to comply with the requirement or, as the case may be, to allow the taking of or to provide any relevant physical data, or to provide any sample, under the power, constitutes an offence.
(10) A requirement under subsection (8)(a) above in a case where the person has previously had taken from him or been required to provide relevant physical data or any sample under subsection (3) above shall contain intimation that the relevant physical data were or the sample was unsuitable or, as the case may be, insufficient, as mentioned in subsection (6)(b) above.
(11) Before exercising the power conferred by subsection (3) above in a case to which subsection (8)(b) above applies, a constable shall inform the person of that fact.
(12) Any constable may arrest without warrant a person who fails to comply with a requirement under subsection (8)(a) above.
(13) This section does not prejudice the generality of section 18 of this Act.
(14) In this section, “the 2003 Act” means the Sexual Offences Act 2003 (c. 42).”.
(1) This section applies where section 19AA of this Act applies by virtue of subsection (1)(b) or (c) of that section.
(2) A person who fails without reasonable excuse—
(a) to comply with a requirement made of him under section 19AA(8)(a) of this Act; or
(b) to allow relevant physical data to be taken from him, to provide relevant physical data, or to allow a sample to be taken from him, under section 19AA(3) of this Act,
shall be guilty of an offence.
(3) A person guilty of an offence under subsection (2) above shall be liable on summary conviction to the following penalties—
(a) a fine not exceeding level 4 on the standard scale;
(b) imprisonment for a period—
(i) where the conviction is in the district court, not exceeding 60 days; or
(ii) where the conviction is in the sheriff court, not exceeding 3 months; or
(c) both such fine and such imprisonment.
(4) Subject to subsection (6) below, all record of any relevant physical data taken from or provided by a person under section 19AA(3) of this Act, all samples taken from a person under that subsection and all information derived from such samples shall be destroyed as soon as possible following the person ceasing to be a person subject to any risk of sexual harm orders.
(5) For the purpose of subsection (4) above, a person does not cease to be subject to a risk of sexual harm order where the person would be subject to such an order but for an order under section 6(2) of the 2005 Act or any corresponding power of a court in England and Wales or in Northern Ireland.
(6) Subsection (4) above does not apply if before the duty to destroy imposed by that subsection would apply, the person—
(a) is convicted of an offence; or
(b) becomes subject to the notification requirements of Part 2 of the 2003 Act.
(7) In this section—
“risk of sexual harm order” means an order under—
section 2 of the 2005 Act; or
section 123 of the 2003 Act;
“the 2005 Act” means the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9);
“the 2003 Act” has the meaning given by section 19AA(14) of this Act; and
“convicted” shall be construed in accordance with section 19A(6) of this Act.”.
(3) In section 19 (further powers to take samples etc.), in subsection (1)(b)(i), for “or 19A” there is substituted “, 19A or 19AA”.
(4) In section 19A (power to take samples etc. from sexual and violent offenders), in subsection (3), for “or under this section” there is substituted “, under this section or under section 19AA(3) of this Act”.
(5) Section 19B (power of constable in obtaining samples etc.) is amended as follows—
(a) in subsection (1)—
(i) in paragraph (a), after “Act” there is inserted “, or under subsection (3)(a) of section 19AA of this Act where that section applies by virtue of subsection (1)(a) of that section”; and
(ii) in paragraph (b), after “Act” there is inserted “, or under subsection (3)(b) of section 19AA of this Act where that section applies by virtue of subsection (1)(a) of that section”; and
(b) in subsection (2), after “Act” there is inserted “, or under subsection (3)(c) of section 19AA of this Act where that section applies by virtue of subsection (1)(a) of that section”.
(6) The Sexual Offences Act 2003 (“the 2003 Act”) is amended in accordance with subsections (7) to (9).
(7) For sections 87(4) and (5) (power to take fingerprints etc. to verify person’s identity), there is substituted—
“(5A) Where a notification is given in Scotland under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), do one or more of the following—
(a) allow the officer or person to photograph any part of the offender,
(b) allow the officer or person to take from the offender, or provide to the officer or person, such relevant physical data as the officer or person considers appropriate,
(c) allow the officer or person to take from the offender any sample mentioned in any of paragraphs (a) to (c) of subsection (6) of section 18 of the Criminal Procedure (Scotland) Act 1995 by the means specified in that paragraph in relation to that sample,
(d) allow the officer or person to take from the offender any sample mentioned in subsection (6A) of that section by the means specified in that subsection.”.
(8) In section 88 (interpretation of section 87), after subsection (2) there is inserted—
“(2A) “Relevant physical data” has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995.”.
(9) In section 91(1)(a) (offence of failing to complying with certain provisions of Part 2, including section 87(4)) for “87(4)” there is substituted “87(5A)”.
(1) Section 83 of the 2003 Act (which requires certain offenders to make an initial notification of certain information) is amended in accordance with subsections (2) and (3).
(2) In subsection (5), after paragraph (g) there is inserted—
“(h) whether he has any passports and, in relation to each passport he has, the details set out in subsection (5A);
(i) such other information, about him or his personal affairs, as the Scottish Ministers may prescribe in regulations.
(5A) The details are—
(a) the issuing authority;
(b) the number;
(c) the dates of issue and expiry;
(d) the name and date of birth given as being those of the passport holder.”.
(3) After subsection (7), there is inserted—
“(8) In this section, “passport” means—
(a) a United Kingdom passport within the meaning of the Immigration Act 1971 (c. 77);
(b) a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;
(c) a document that can be used (in some or all circumstances) instead of a passport.”.
(4) Section 84 of the 2003 Act (which requires certain changes to notified information to be notified within 3 days) is amended in accordance with subsections (5) and (6).
(5) In subsection (1)—
(a) the word “or” immediately after paragraph (c) is repealed;
(b) after paragraph (d) there is inserted—
“(e) his losing or ceasing to have a passport notified to the police under section 83(1) or this subsection,
(f) his receiving a passport which has not been notified to the police under section 83(1) or this subsection, or
(g) the occurrence, in relation to information required to be notified by virtue of regulations made under section 83(5)(i), of an event prescribed by the Scottish Ministers in regulations,”; and
(c) for “(as the case may be) the fact that he has been released” there is substituted “the fact that he has been released, the fact that he has lost or ceased to have the passport, the details set out in section 83(5A) in relation to the passport or (as the case may be) such information as the Scottish Ministers prescribe in regulations”.
(6) After subsection (1), there is inserted—
“(1A) In subsection (1), “passport” has the same meaning as in section 83.”.
(7) In section 87 of the 2003 Act (method of notification and related matters), after subsection (5A) (as inserted by section 77) there is inserted—
“(5B) Where a notification is given in Scotland under section 83(1), 84(1) or 85(1), the relevant offender must, if requested to do so by the police officer or person referred to in subsection (1)(b), produce each passport he has to that officer or person, for inspection by that officer or person.
(5C) In subsection (5B), “passport” has the same meaning as in section 83.”.
(8) In section 91(1)(a) of the 2003 Act (offences of failing to comply with certain provisions), after “(5A)” (as inserted by section 77) there is inserted “or (5B)”.
(9) In section 138 of the 2003 Act (orders and regulations), in subsection (2), after “21,” there is inserted “83, 84,”.