Office of Public Sector Information
PART XII continued
(9) For the purposes of subsection (8) above, an advertisement indicating that personal data are or may be for sale is an offer to sell the data.
(10) For the purposes of subsections (7) and (8) above, “selling”, or “offering to sell”, in relation to personal data, includes selling, or offering to sell, information extracted from the data.
(11) In determining, for the purposes of subsection (6), (7) or (8) above, whether a disclosure is in contravention of subsection (2) or (3) above, section 34(6)(d) below shall be disregarded.”.
(2) In consequence of the amendment made by subsection (1) above—
(a) in subsection (5) of that section, after the word “other” there shall be inserted the word “foregoing”; and
(b) in section 28 (exemptions: crime and taxation), in subsection (3)—
(i) after the words “section 26(3)(a) above” there shall be inserted the words “or for an offence under section 5(6) above”; and
(ii) after the words “to make” there shall be inserted the words “or (in the case of section 5(6)) to procure”.
(1) In section 10 of the [1990 c. 18.] Computer Misuse Act 1990 (offence of unauthorised access not to apply to exercise of law enforcement powers), after paragraph (b), there shall be inserted the following words— “and nothing designed to indicate a withholding of consent to access to any program or data from persons as enforcement officers shall have effect to make access unauthorised for the purposes of the said section 1(1).
In this section “enforcement officer” means a constable or other person charged with the duty of investigating offences; and withholding consent from a person “as” an enforcement officer of any description includes the operation, by the person entitled to control access, of rules whereby enforcement officers of that description are, as such, disqualified from membership of a class of persons who are authorised to have access.”.
(2) In section 17(5) of that Act (when access is unauthorised), after paragraph (b), there shall be inserted the following words— “but this subsection is subject to section 10.”.
(1) Without prejudice to any power which they may exercise for those purposes under any other enactment, a local authority may take such of the following steps as they consider will, in relation to their area, promote the prevention of crime or the welfare of the victims of crime—
(a) providing apparatus for recording visual images of events occurring on any land in their area;
(b) providing within their area a telecommunications system which, under Part II of the [1984 c. 12.] Telecommunications Act 1984, may be run without a licence;
(c) arranging for the provision of any other description of telecommunications system within their area or between any land in their area and any building occupied by a public authority.
(2) Any power to provide, or to arrange for the provision of, any apparatus includes power to maintain, or operate, or, as the case may be, to arrange for the maintenance or operation of, that apparatus.
(3) Before taking such a step under this section, a local authority shall consult the chief officer of police for the police area in which the step is to be taken.
(4) In this section—
“chief officer of police”, in relation to a police area in Scotland, means the chief constable of a police force maintained for that area;
“local authority”—
in England, means a county council or district council;
in Wales, means a county council or county borough council; and
in Scotland, has the meaning given by section 235(1) of the [1973 c. 65.] Local Government (Scotland) Act 1973; and
“telecommunications system” has the meaning given in section 4 of the [1984 c. 12.] Telecommunications Act 1984 and “licence” means a licence under section 7 of that Act.
(5) Until 1st April 1996, in this section “local authority” means, in Wales, a county council or district council.
(1) Section 4 of the [1990 c. 5.] Criminal Justice (International Co-operation) Act 1990 (obtaining evidence in the United Kingdom for use overseas) shall be amended as follows—
(a) after subsection (2), there shall be inserted the following subsections—
“(2A) Except where the evidence is to be obtained as is mentioned in subsection (2B) below, if the Secretary of State is satisfied—
(a) that an offence under the law of the country or territory in question has been committed or that there are reasonable grounds for suspecting that such an offence has been committed; and
(b) that proceedings in respect of that offence have been instituted in that country or territory or that an investigation into that offence is being carried on there,
and it appears to him that the request relates to an offence involving serious or complex fraud, he may, if he thinks fit, refer the request or any part of the request to the Director of the Serious Fraud Office for him to obtain such of the evidence to which the request or part referred relates as may appear to the Director to be appropriate for giving effect to the request or part referred.
(2B) Where the evidence is to be obtained in Scotland, if the Lord Advocate is satisfied as to the matters mentioned in paragraphs (a) and (b) of subsection (2A) above and it appears to him that the request relates to an offence involving serious or complex fraud, he may, if he thinks fit, give a direction under section 51 of the [1987 c. 41.] Criminal Justice (Scotland) Act 1987.”;
(b) in subsection (3), after the words “subsection (2)” there shall be inserted the words “(2A) or (2B)”; and
(c) in subsection (4), after the words “subsection (2)(a) and (b)” there shall be inserted the words “or (2A)(a) and (b)”.
(2) Section 2 of the [1987 c. 38.] Criminal Justice Act 1987 (investigative powers of Director of Serious Fraud Office) shall be amended as follows—
(a) in subsection (1), for the words from “the Attorney-General” to “the request” there shall be substituted “an authority entitled to make such a request”;
(b) after subsection (1), there shall be inserted the following subsections—
“(1A) The authorities entitled to request the Director to exercise his powers under this section are—
(a) the Attorney-General of the Isle of Man, Jersey or Guernsey, acting under legislation corresponding to section 1 of this Act and having effect in the Island whose Attorney-General makes the request; and
(b) the Secretary of State acting under section 4(2A) of the [1990 c. 5.] Criminal Justice (International Co-operation) Act 1990, in response to a request received by him from an overseas court, tribunal or authority (an “overseas authority”).
(1B) The Director shall not exercise his powers on a request from the Secretary of State acting in response to a request received from an overseas authority within subsection (1A)(b) above unless it appears to the Director on reasonable grounds that the offence in respect of which he has been requested to obtain evidence involves serious or complex fraud.”;
(c) after subsection (8), there shall be inserted the following subsections—
“(8A) Any evidence obtained by the Director for use by an overseas authority shall be furnished by him to the Secretary of State for transmission to the overseas authority which requested it.
(8B) If in order to comply with the request of the overseas authority it is necessary for any evidence obtained by the Director to be accompanied by any certificate, affidavit or other verifying document, the Director shall also furnish for transmission such document of that nature as may be specified by the Secretary of State when asking the Director to obtain the evidence.
(8C) Where any evidence obtained by the Director for use by an overseas authority consists of a document the original or a copy shall be transmitted, and where it consists of any other article the article itself or a description, photograph or other representation of it shall be transmitted, as may be necessary in order to comply with the request of the overseas authority.”; and
(d) in subsection (18), at the end, there shall be inserted the words “; and “evidence” (in relation to subsections (1A)(b), (8A), (8B) and (8C) above) includes documents and other articles.”.
(3) In section 51(1) of the [1987 c. 41.] Criminal Justice (Scotland) Act 1987 (investigative powers of Lord Advocate as respects serious or complex fraud), at the end there shall be added “; and he may also give such a direction by virtue of section 4(2B) of the [1990 c. 5.] Criminal Justice (International Co-operation) Act 1990 or on a request being made to him by the Attorney-General of the Isle of Man, Jersey or Guernsey acting under legislation corresponding to this section and sections 52 to 54 of this Act.”.
(4) In section 52 of the [1987 c. 41.] Criminal Justice (Scotland) Act 1987 (investigation by nominated officer)—
(a) after subsection (7) there shall be inserted—
“(7A) Any evidence obtained by the Lord Advocate by virtue of section 4(2B) of the Criminal Justice (International Co-operation) Act 1990 shall be furnished by him to the Secretary of State for transmission to the overseas authority in compliance with whose request (in the following subsections referred to as the “relevant request”) it was so obtained.
(7B) If, in order to comply with the relevant request it is necessary for that evidence to be accompanied by any certificate, affidavit or other verifying document, the Lord Advocate shall also furnish for transmission such document of that nature as appears to him to be appropriate.
(7C) Where any evidence obtained by virtue of the said section 4(2B) consists of a document, the original or a copy shall be transmitted and where it consists of any other article the article itself or a description, photograph or other representation of it shall be transmitted, as may be necessary in order to comply with the relevant request.”; and
(b) in subsection (8), after the definition of “documents” there shall be inserted—
““evidence”, in relation to a relevant request, includes documents and other articles;”.
(1) The [1988 c. 48.] Copyright, Designs and Patents Act 1988 shall be amended as follows.
(2) After section 107 (offences relating to copyright) there shall be inserted the following section—
(1) It is the duty of every local weights and measures authority to enforce within their area the provisions of section 107.
(2) The following provisions of the [1968 c. 29.] Trade Descriptions Act 1968 apply in relation to the enforcement of that section by such an authority as in relation to the enforcement of that Act—
section 27 (power to make test purchases),
section 28 (power to enter premises and inspect and seize goods and documents),
section 29 (obstruction of authorised officers), and
section 33 (compensation for loss, &c. of goods seized).
(3) Subsection (1) above does not apply in relation to the enforcement of section 107 in Northern Ireland, but it is the duty of the Department of Economic Development to enforce that section in Northern Ireland.
For that purpose the provisions of the Trade Descriptions Act 1968 specified in subsection (2) apply as if for the references to a local weights and measures authority and any officer of such an authority there were substituted references to that Department and any of its officers.
(4) Any enactment which authorises the disclosure of information for the purpose of facilitating the enforcement of the Trade Descriptions Act 1968 shall apply as if section 107 were contained in that Act and as if the functions of any person in relation to the enforcement of that section were functions under that Act.
(5) Nothing in this section shall be construed as authorising a local weights and measures authority to bring proceedings in Scotland for an offence.”.
(3) After section 198 (offences relating to illicit recordings) there shall be inserted the following section—
(1) It is the duty of every local weights and measures authority to enforce within their area the provisions of section 198.
(2) The following provisions of the Trade Descriptions Act 1968 apply in relation to the enforcement of that section by such an authority as in relation to the enforcement of that Act—
section 27 (power to make test purchases),
section 28 (power to enter premises and inspect and seize goods and documents),
section 29 (obstruction of authorised officers), and
section 33 (compensation for loss, &c. of goods seized).
(3) Subsection (1) above does not apply in relation to the enforcement of section 198 in Northern Ireland, but it is the duty of the Department of Economic Development to enforce that section in Northern Ireland.
For that purpose the provisions of the [1968 c. 29.] Trade Descriptions Act 1968 specified in subsection (2) apply as if for the references to a local weights and measures authority and any officer of such an authority there were substituted references to that Department and any of its officers.
(4) Any enactment which authorises the disclosure of information for the purpose of facilitating the enforcement of the Trade Descriptions Act 1968 shall apply as if section 198 were contained in that Act and as if the functions of any person in relation to the enforcement of that section were functions under that Act.
(5) Nothing in this section shall be construed as authorising a local weights and measures authority to bring proceedings in Scotland for an offence.”.
(1) It is an offence for an unauthorised person to sell, or offer or expose for sale, a ticket for a designated football match in any public place or place to which the public has access or, in the course of a trade or business, in any other place.
(2) For this purpose—
(a) a person is “unauthorised” unless he is authorised in writing to sell tickets for the match by the home club or by the organisers of the match;
(b) a “ticket” means anything which purports to be a ticket; and
(c) a “designated football match” means a football match, or football match of a description, for the time being designated under section 1(1) of the [1991 c. 19.] Football (Offences) Act 1991.
(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) In section 24(2) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (arrestable offences), after the paragraph (g) inserted by section 85(2) of this Act there shall be inserted the following paragraph—
“(h) an offence under section 166 of the [1994 c. 33.] Criminal Justice and Public Order Act 1994 (sale of tickets by unauthorised persons);”.
(5) Section 32 of the Police and Criminal Evidence Act 1984 (search of persons and premises (including vehicles) upon arrest) shall have effect, in its application in relation to an offence under this section, as if the power conferred on a constable to enter and search any vehicle extended to any vehicle which the constable has reasonable grounds for believing was being used for any purpose connected with the offence.
(6) The Secretary of State may by order made by statutory instrument apply this section, with such modifications as he thinks fit, to such sporting event or category of sporting event for which 6,000 or more tickets are issued for sale as he thinks fit.
(7) An order under subsection (6) above may provide that—
(a) a certificate (a “ticket sale certificate”) signed by a duly authorised officer certifying that 6,000 or more tickets were issued for sale for a sporting event is conclusive evidence of that fact;
(b) an officer is duly authorised if he is authorised in writing to sign a ticket sale certificate by the home club or the organisers of the sporting event; and
(c) a document purporting to be a ticket sale certificate shall be received in evidence and deemed to be such a certificate unless the contrary is proved.
(8) Where an order has been made under subsection (6) above, this section also applies, with any modifications made by the order, to any part of the sporting event specified or described in the order, provided that 6,000 or more tickets are issued for sale for the day on which that part of the event takes place.
(1) Subject to the following provisions, it is an offence, in a public place, to solicit persons to hire vehicles to carry them as passengers.
(2) Subsection (1) above does not imply that the soliciting must refer to any particular vehicle nor is the mere display of a sign on a vehicle that the vehicle is for hire soliciting within that subsection.
(3) No offence is committed under this section where soliciting persons to hire licensed taxis is permitted by a scheme under section 10 of the [1985 c. 67.] Transport Act 1985 (schemes for shared taxis) whether or not supplemented by provision made under section 13 of that Act (modifications of the taxi code).
(4) It is a defence for the accused to show that he was soliciting for passengers for public service vehicles on behalf of the holder of a PSV operator’s licence for those vehicles whose authority he had at the time of the alleged offence.
(5) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(6) In this section—
“public place” includes any highway and any other premises or place to which at the material time the public have or are permitted to have access (whether on payment or otherwise); and
“public service vehicle” and “PSV operator’s licence” have the same meaning as in Part II of the [1981 c. 14.] Public Passenger Vehicles Act 1981.
(7) In section 24(2) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (arrestable offences), after the paragraph (i) inserted by section 155 of this Act there shall be inserted the following paragraph—
“(j) an offence under section 167 of the [1994 c. 33.] Criminal Justice and Public Order Act 1994 (touting for hire car services).”.
(1) The enactments mentioned in Schedule 9 to this Act shall have effect with the amendments there specified (being minor amendments).
(2) The enactments mentioned in Schedule 10 to this Act shall have effect with the amendments there specified (amendments consequential on the foregoing provisions of this Act).
(3) The enactments mentioned in Schedule 11 to this Act (which include enactments which are spent) are repealed or revoked to the extent specified in the third column of that Schedule.
(1) The Secretary of State may, with the consent of the Treasury—
(a) make such payments, or
(b) pay such grants, to such persons,
as he considers appropriate in connection with measures intended to prevent crime or reduce the fear of crime.
(2) Any grant under subsection (1)(b) above may be made subject to such conditions as the Secretary of State may, with the agreement of the Treasury, see fit to impose.
(3) Payments under this section shall be made out of money provided by Parliament.
(1) The Secretary of State may, with the consent of the Treasury, pay grants towards expenditure incurred by a qualifying political party, or by a person acting for a qualifying political party, on measures to which this section applies.
(2) This section applies to measures which are—
(a) taken for the protection of persons or property in connection with a conference held in Great Britain for the purposes of the party, and
(b) certified by a chief officer of police as having been appropriate.
(3) A political party is a “qualifying political party” for the purposes of this section if, at the last general election before the expenditure was incurred,—
(a) at least two members of the party were elected to the House of Commons, or
(b) one member of the party was elected to the House of Commons and not less than 150,000 votes were given to candidates who were members of the party.
(4) Payments under this section shall be made out of money provided by Parliament.
There shall be paid out of money provided by Parliament—
(a) any sums required by the Secretary of State for making payments under contracts entered into under or by virtue of sections 2, 3, 7, 11, 96, 99, 100, 102(4), 106(1), 112(1) or 118(3) or paragraph 1 of Schedule 1;
(b) any administrative expenses incurred by the Secretary of State; and
(c) any increase attributable to this Act in the sums payable out of money so provided under any other Act.
(1) This Act may be cited as the Criminal Justice and Public Order Act 1994.
(2) With the exception of section 82 and subject to subsection (4) below, this Act shall come into force on such day as the Secretary of State or, in the case of sections 52 and 53, the Lord Chancellor may appoint by order made by statutory instrument, and different days may be appointed for different provisions or different purposes.
(3) Any order under subsection (2) above may make such transitional provisions and savings as appear to the authority making the order necessary or expedient in connection with any provision brought into force by the order.
(4) The following provisions and their related amendments, repeals and revocations shall come into force on the passing of this Act, namely sections 5 to 15 (and Schedules 1 and 2), 61, 63, 65, 68 to 71, 77 to 80, 81, 83, 90, Chapters I and IV of Part VIII, sections 142 to 148, 150, 158(1), (3) and (4), 166, 167, 171, paragraph 46 of Schedule 9 and this section.
(5) No order shall be made under subsection (6) of section 166 above unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
(6) For the purposes of subsection (4) above—
(a) the following are the amendments related to the provisions specified in that subsection, namely, in Schedule 10, paragraphs 26, 35, 36, 59, 60 and 63(1), (3), (4) and (5);
(b) the repeals and revocations related to the provisions specified in that subsection are those specified in the Note at the end of Schedule 11.
(7) Except as regards any provisions applied under section 39 and subject to the following provisions, this Act extends to England and Wales only.
(8) Sections 47(3), 49, 61 to 67, 70, 71, 81, 82, 146(4), 157(1), 163, 169 and 170 also extend to Scotland.
(9) Section 83(1) extends to England and Wales and Northern Ireland.
(10) This section, sections 68, 69, 83(3) to (5), 88 to 92, 136 to 141, 156, 157(2), (3), (4), (5) and (9), 158, 159, 161, 162, 164, 165, 168, 171 and Chapter IV of Part VIII extend to the United Kingdom and sections 158 and 159 also extend to the Channel Islands and the Isle of Man.
(11) Sections 93, 95 and 101(8), so far as relating to the delivery of prisoners to or from premises situated in a part of the British Islands outside England and Wales, extend to that part of those Islands.
(12) Sections 102(1) to (3), 104, 105 and 117, so far as relating to the transfer of prisoners to or from premises situated in a part of the British Islands outside Scotland, extend to that part of those Islands, but otherwise Chapter II of Part VIII extends to Scotland only.
(13) Sections 47(4), 83(2), 84(5) to (7), 87, Part IX, sections 145(2), 146(2), 148, 151(2), 152(2), 153, 157(7) and 160(2) extend to Scotland only.
(14) Sections 118, 120, 121 and 125, so far as relating to the delivery of prisoners to or from premises situated in a part of the British Islands outside Northern Ireland, extend to that part of those islands, but otherwise Chapter III of Part VIII extends to Northern Ireland only.
(15) Sections 53, 84(8) to (11), 85(4) to (6), 86(2), 145(3), 147 and 157(8) extend to Northern Ireland only.
(16) Where any enactment is amended, repealed or revoked by Schedule 9, 10 or 11 to this Act the amendment, repeal or revocation has the same extent as that enactment; except that Schedules 9 and 11 do not extend to Scotland in so far as they relate to section 17(1) of the [1984 c. 39.] Video Recordings Act 1984.
Criminal Justice and Public Order Act 1994