SCHEDULES
F1SCHEDULE 3CDesignations under section 38: additional powers and duties
Powers to require names and addresses
3
1
A CSO or CSV may require a person to give his or her name and address if the CSO or CSV has reason to believe that—
a
the person has committed a relevant offence in the relevant police area, or
b
the person has committed a relevant licensing offence (whether or not in the relevant police area).
2
A person who fails to comply with a requirement under sub-paragraph (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
In this paragraph, “relevant offence” means any of the following offences—
a
an offence in respect of which the CSO or CSV is authorised to give a penalty notice (whether in consequence of paragraph 2 of this Schedule or in consequence of provision included in his or her designation in reliance on section 38(6B)(a));
b
an offence under section 3 or 4 of the Vagrancy Act 1824;
c
an offence committed in a specified park which by virtue of section 2 of the Parks Regulation (Amendment) Act 1926 is an offence against the Parks Regulation Act 1872;
d
an offence under section 39 of the Anti-social Behaviour, Crime and Policing Act 2014;
e
an offence under a listed byelaw;
f
an offence the commission of which appears to the CSO or CSV to have caused—
i
injury, alarm or distress to any other person, or
ii
the loss of, or any damage to, any other person's property.
4
In this paragraph, “relevant licensing offence” means an offence under any of the following provisions of the Licensing Act 2003—
a
section 141 (otherwise than by virtue of subsection (2)(c) or (3) of that section);
b
section 142;
c
section 146(1);
d
section 149(1)(a), (3)(a) or (4)(a);
e
section 150(1);
f
section 150(2) (otherwise than by virtue of subsection (3)(b) of that section);
g
section 152(1) (excluding paragraph (b)).
5
A byelaw is a “listed byelaw” for the purposes of sub-paragraph (3)(e) if, at the time the CSO or CSV requires a person to give his or her name and address—
a
it is a byelaw which has been made by a relevant body with authority to make byelaws for any place within the relevant police area, and
b
it is included in the list of byelaws published for the purposes of this paragraph by the chief officer of police for the relevant police area.
6
A byelaw may be included in the list of byelaws published for the purposes of this paragraph only if the chief officer of police and the relevant body which made the byelaw agree that it should be included.
7
The chief officer of police for the relevant police area must publish the list in such a way as to bring it to the attention of members of the public in localities where the byelaws in the list apply.
8
The list of byelaws published for the purposes of this paragraph may be amended from time to time by agreement between the chief officer of police and the relevant body, by adding byelaws to it or removing byelaws from it.
9
Where the list of byelaws is amended, the amended list must be published by the chief officer as mentioned in sub-paragraph (8).
10
In sub-paragraphs (5), (6) and (8), “relevant body” means—
a
in England, a county council, a district council, a London borough council or a parish council;
b
in Wales, a county council, a county borough council or a community council;
c
the Greater London Authority;
d
Transport for London;
e
an Integrated Transport Authority for an integrated transport area in England;
f
a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
g
a body specified in regulations made by the Secretary of State.
11
Regulations under sub-paragraph (10)(g) may provide, in relation to any body specified in the regulations, that the agreement mentioned in sub-paragraph (6) or (8) is to be made between the chief officer and the Secretary of State (rather than between the chief officer and the relevant body).
12
In the case of a relevant offence that is an offence under a listed byelaw (see sub-paragraphs (3)(e) and (5)), the power to impose a requirement under sub-paragraph (1) is exercisable only in a place to which the byelaw relates.
13
In its application in relation to an offence in respect of which the CSO or CSV is authorised to give a penalty notice under section 444A of the Education Act 1996 (penalty notice in respect of failure to secure regular attendance at school of registered pupil), sub-paragraph (1)(a) of this paragraph has effect as if the words “in the relevant police area” were omitted.
14
In this paragraph, “specified park” has the same meaning as in section 162 of the Serious Organised Crime and Police Act 2005.
Sch. 3C inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 11; S.I. 2017/1139, reg. 2(d) (as amended by S.I. 2017/1162, reg. 2)