Serious Organised Crime and Police Act 2005 (c. 15)

(The document as of February, 2008)

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(a) the list kept under section 1 of the Protection of Children Act 1999;

(b) the list kept under section 1(1) of the Protection of Children (Scotland) Act 2003;

(d) any list kept for the purposes of regulations under Article 70(2)(e) or 88A(2)(b) of the Education and Libraries (Northern Ireland) Order 1986;

(e) any such other list as the Secretary of State specifies by order if he thinks that the list corresponds to a list specified in paragraphs (a) to (c) and is kept in pursuance of a country or territory outside the United Kingdom.

(4) Each of the following is a specified children's direction--

(a) a direction under section 142 of the Education Act 2002;

(b) anything which the Secretary of State specifies by order which he thinks corresponds to such a direction and which is done for the purposes of the law of Scotland or of Northern Ireland or of a country or territory outside the United Kingdom.

(5) A position falls within this subsection if it is any of the following--

(a) a child care position within the meaning of the Protection of Children Act 1999;

(b) a child care position within the meaning of the Protection of Children (Scotland) Act 2003;

(c) a child care position within the meaning of Chapter 1 of Part 2 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;

(d) a position, employment or further employment in which may be prohibited or restricted by regulations under Article 70(2)(e) or 88A(2)(b) of the Education and Libraries (Northern Ireland) Order 1986;

(e) a position which involves work to which section 142 of the Education Act 2002 applies;

(f) a position of such other description as may be prescribed.

(6) An order under subsection (4)(b) may make such modifications of subsection (1)(d) as the Secretary of State thinks necessary or expedient in consequence of the order.

113D Criminal record certificates: suitability relating to adults

(1) If an application under section 113A or 113B is accompanied by an adults' suitability statement the criminal record certificate or enhanced criminal record certificate (as the case may be) must also state--

(a) whether the applicant is included in a specified adults' list;

(b) if he is included in such a list, such details of his inclusion as may be prescribed.

(2) An adults' suitability statement is a statement by the registered person that the certificate is required for the purpose of considering the applicant's suitability to be employed, supplied to work, found work or given work in a position (whether paid or unpaid) falling within subsection (4).

(3) Each of the following is a specified adults' list--

(a) the list kept under section 81 of the Care Standards Act 2000;

(b) the list kept under Article 35 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;

(c) any such other list as the Secretary of State specifies by order if he thinks that the list corresponds to a list specified in paragraph (a) or (b) and is kept in pursuance of the law of Scotland or of a country or territory outside the United Kingdom.

(4) A position falls within this subsection if it is any of the following--

(a) a care position within the meaning of Part 7 of the Care Standards Act 2000;

(b) a care position within the meaning of Part 3 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;

(c) a position concerned with providing a care service (as defined by section 2(1) of the Regulation of Care (Scotland) Act 2001);

(d) a position of such other description as may be prescribed.

113E Criminal record certificates: specified children's and adults' lists: urgent cases

(1) Subsection (2) applies to an application under section 113A or 113B if--

(a) it is accompanied by a children's suitability statement,

(b) the registered person requests an urgent preliminary response, and

(2) The Secretary of State must notify the registered person--

(a) if the applicant is not included in a specified children's list, of that fact;

(b) if the applicant is included in such a list, of the details prescribed for the purposes of section 113C(1)(b) above;

(d) if the applicant is subject to such a direction, of the grounds on which the direction was given and the details prescribed for the purposes of section 113C(1)(d) above.

(3) Subsection (4) applies to an application under section 113A or 113B if--

(a) it is accompanied by an adults' suitability statement,

(b) the registered person requests an urgent preliminary response, and

(4) The Secretary of State must notify the registered person either--

(a) that the applicant is not included in a specified adults' list, or

(b) that a criminal record certificate or enhanced criminal record certificate will be issued in due course.

(5) In this section--

"criminal record certificate" has the same meaning as in section 113A;
"enhanced criminal record certificate" has the same meaning as in section 113B;
"children's suitability statement", "specified children's direction" and "specified children's list" have the same meaning as in section 113C;
"adults' suitability statement" and "specified adults' list" have the same meaning as in section 113D.

113F Criminal record certificates: supplementary

(1) References in sections 113C(2) and 113D(2) to considering the applicant's suitability to be employed, supplied to work, found work or given work in a position falling within section 113C(5) or 113D(4) include references to considering--

(a) for the purposes of Part 10A of the Children Act 1989 (child minding and day care in England and Wales), the applicant's suitability to look after or be in regular contact with children under the age of eight;

(b) for the purposes of that Part of that Act, in the case of an applicant for or holder of a certificate under section 79W of that Act, or a person prescribed under subsection (4) of that section, his suitability to look after children within the meaning of that section;

(c) the applicant's suitability to be registered for child minding or providing day care under section 71 of the Children Act 1989 or Article 118 of the Children (Northern Ireland) Order 1995 (child minding and day care);

(d) for the purposes of section 3 of the Teaching and Higher Education Act 1998 (registration of teachers with the General Teaching Council for England or the General Teaching Council for Wales) or of section 6 of the Teaching Council (Scotland) Act 1965 (registration of teachers with the General Teaching Council for Scotland), the applicant's suitability to be a teacher;

(e) the applicant's suitability to be registered under Part 2 of the Care Standards Act 2000 (establishments and agencies);

(f) the applicant's suitability to be registered under Part 4 of that Act (social care workers);

(g) the applicant's suitability to be registered under Part 1 of the Regulation of Care (Scotland) Act 2001 (applications by persons seeking to provide a care service);

(h) the applicant's suitability to be registered under Part 3 of that Act (social workers and other social service workers);

(i) the applicant's application to have a care service, consisting of the provision of child minding or the day care of children, registered under Part 1 of that Act (care services);

(j) the applicant's suitability to be registered under Part 1 of the Health and Personal Social Services Act (Northern Ireland) 2001 (social care workers);

(k) the applicant's suitability to be registered under Part 3 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (regulation of establishments and agencies).

(2) The power to make an order under section 113C or 113D is exercisable by statutory instrument, but no such order may be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(3) If the power mentioned in subsection (2) is exercised by the Scottish Ministers, the reference in that subsection to each House of Parliament must be construed as a reference to the Scottish Parliament. "

(3) Schedule 14 (which makes consequential amendments to Part 5 of the Police Act 1997 (c. 50)) has effect.

(4) If section 115(1) of the Adoption and Children Act 2002 (c. 38) comes into force before the preceding provisions of this section, the Secretary of State may by order apply Part 5 of the Police Act 1997 subject to such modifications as he thinks necessary or expedient for the purpose of enabling a certificate or statement to be issued under section 113 or 115 of that Act of 1997 in connection with consideration by a court of whether to make a special guardianship order under section 14A of the Children Act 1989 (c. 41).

164 Criminal records checks: verification of identity

(1) Section 118 of the Police Act 1997 (evidence of identity) is amended as follows.

(2) In subsection (1) after "117" insert "or 120".

(3) After subsection (2) insert--

" (2A) For the purpose of verifying evidence of identity supplied in pursuance of subsection (1) the Secretary of State may obtain such information as he thinks is appropriate from data held--

(a) by the United Kingdom Passport Agency;

(b) by the Driver and Vehicle Licensing Agency;

(d) by the Secretary of State in connection with keeping records of national insurance numbers;

(e) by such other persons or for such purposes as is prescribed. "

165 Certain references to police forces

(1) In section 119 of the Police Act 1997 (c. 50) (sources of information),

(a) in subsection (3) for "the prescribed fee" substitute "such fee as he thinks appropriate";

(b) after subsection (5) insert--

" (6) For the purposes of this section references to a police force include any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and references to a chief officer must be construed accordingly.

(7) In the case of such a body the reference in subsection (3) to the appropriate police authority must be construed as a reference to such body as is prescribed. "

(2) In sections 120A and 120B of that Act (as inserted respectively by section 134(1) of the Criminal Justice and Police Act 2001 (c. 16) and section 70 of the Criminal Justice (Scotland) Act 2003 (asp 7)), after subsection (5) insert--

(3) In section 124A of that Act (offences relating to disclosure of information) (inserted by section 328 of and paragraphs 1 and 11 of Schedule 35 to the Criminal Justice Act 2003 (c. 44)), after subsection (5) insert--

" (6) For the purposes of this section the reference to a police force includes any body mentioned in subsections (10)(a) to (i) and (11) of section 113B and the reference to a chief officer must be construed accordingly. "

166 Further amendments to Police Act 1997 as it applies to Scotland

(1) In section 120B of the Police Act 1997 (as inserted by section 70 of the Criminal Justice (Scotland) Act 2003 (asp 7)), in subsection (5) for the words from "the prescribed fee" to the end substitute "such fee as they consider appropriate".

(2) In section 126 of that Act of 1997 after subsection (2) insert--

" (3) In the application of this Part to Scotland references to the Secretary of State must be construed as references to the Scottish Ministers.

(4) Subsection (3) does not apply to section 118(2A)(d) or 124A(1) and (2). "

167 Part 5 of the Police Act 1997: Northern Ireland

The amendments made by Schedule 35 to the Criminal Justice Act 2003 (c. 44) to Part 5 of the Police Act 1997 (c. 50) extend to Northern Ireland as well as to England and Wales, and accordingly in section 337(5) of that Act of 2003 (extent)--

(a) after "section 315" insert--

" section 328; " ;

(b) after "Schedule 5" insert--

" Schedule 35. "

168 Part 5 of the Police Act 1997: Channel Islands and Isle of Man

(1) Her Majesty may by Order in Council extend any provision of Part 5 of the Police Act 1997 (certificates of criminal records etc.), with such modifications as appear to Her Majesty in Council to be appropriate, to any of the Channel Islands or the Isle of Man.

(2) An order under this section may make such consequential, incidental, supplementary, transitory or transitional provision or savings as Her Majesty in Council thinks appropriate.

Witness summonses

169 Powers of Crown Court and Magistrates' Court to issue witness summons

(1) In section 2(1) of the Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69) (issue of witness summons on application to Crown Court) for paragraph (b) substitute--

" (b) it is in the interests of justice to issue a summons under this section to secure the attendance of that person to give evidence or to produce the document or thing. "

(2) In section 97 of the Magistrates' Courts Act 1980 (c. 43) (summons to witness) for subsection (1) substitute--

" (1) Where a justice of the peace is satisfied that--

(a) any person in England or Wales is likely to be able to give material evidence, or produce any document or thing likely to be material evidence, at the summary trial of an information or hearing of a complaint by a magistrates' court, and

(b) it is in the interests of justice to issue a summons under this subsection to secure the attendance of that person to give evidence or produce the document or thing,

the justice shall issue a summons directed to that person requiring him to attend before the court at the time and place appointed in the summons to give evidence or to produce the document or thing. "

(3) In section 97A(1) of that Act (summons as to committal proceedings) for paragraph (b) substitute--

" (b) it is in the interests of justice to issue a summons under this section to secure the attendance of that person to give evidence or to produce the document or other exhibit, and " .

(4) In paragraph 4(1) of Schedule 3 to the Crime and Disorder Act 1998 (c. 37) (power of justice to take depositions etc.) for paragraph (b) substitute--

" (b) it is in the interests of justice to issue a summons under this paragraph to secure the attendance of the witness to have his evidence taken as a deposition or to produce the document or other exhibit. "

(5) In section 51A(1) of the Judicature (Northern Ireland) Act 1978 (c. 23) (issue of witness summons on application to Crown Court) for paragraph (b) substitute--

" (b) it is in the interests of justice to issue a summons under this section to secure the attendance of that person to give evidence or to produce the document or thing. "

170 Powers of courts-martial etc. to issue warrants of arrest in respect of witnesses

(1) Section 25 of the Armed Forces Act 2001 (c. 19) (powers to compel attendance of witnesses) is amended as follows.

(2) In subsection (1) (which inserts a new section 101A in the Army Act 1955 (3 & 4 Eliz. 2 c. 18)), in subsection (1) of the new section 101A, for paragraph (b) substitute--

" (b) that it is in the interests of justice that the person should attend to give evidence or to produce the document or other thing, and " .

(3) In subsection (2) (which inserts a new section 101A in the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)), in subsection (1) of the new section 101A, for paragraph (b) substitute--

" (b) that it is in the interests of justice that the person should attend to give evidence or to produce the document or other thing, and " .

(4) In subsection (3) (which inserts a new section 65A in the Naval Discipline Act 1957), in subsection (1) of the new section 65A, for paragraph (b) substitute--

" (b) that it is in the interests of justice that the person should attend to give evidence or to produce the document or other thing, and " .

Private Security Industry Act 2001: Scotland

171 Private Security Industry Act 2001: Scottish extent

(1) Schedule 15 amends the Private Security Industry Act 2001 (c. 12) in relation to its extent to Scotland.

(2) In Schedule 2 to the Scottish Public Services Ombudsman Act 2002 (asp 11) (persons liable to investigation) after paragraph 90 add--

" 91 The Security Industry Authority. "

Part 6 Final provisions

172 Orders and regulations

(1) Any power of the Secretary of State to make an order or regulations under this Act, and any power of the Scottish Ministers to make an order under this Act, is exercisable by statutory instrument.

(2) Any such power--

(a) may be exercised so as to make different provision for different cases or descriptions of case or different purposes or areas, and

(b) includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate (or, in the case of an order made by the Scottish Ministers, as they consider appropriate).

(3) Subject to subsections (4) and (5), orders or regulations made by the Secretary of State under this Act are to be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Subsection (3) does not apply to any order under section 1(3), 161(4) or 178.

(5) Subsection (3) also does not apply to--

(a) any order under section 33(2)(f);

(b) any order under section 52;

(d) any order under section 76(4);

(e) any order under section 82(6);

(f) any order under section 87(5);

(g) any order under section 89(5);

(h) any order under section 96(1);

(i) any order under section 97(1);

(j) any order under section 146(6), 148(4) or 149;

(k) any order under section 173 which amends or repeals any provision of an Act;

and no such order may be made by the Secretary of State (whether alone or with other provisions) unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(6) Subject to subsections (7) and (8), orders made by the Scottish Ministers under this Act are to be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(7) Subsection (6) does not apply to any order under section 178.

(8) Subsection (6) also does not apply to--

(a) any order under section 52;

(b) any order under section 61(5);

(d) any order under section 87(6);

(e) any order under section 89(6);

(f) any order under section 96(1);

(g) any order under section 173 which amends or repeals any provision of an Act;

and no such order may be made by the Scottish Ministers (whether alone or with other provisions) unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the Scottish Parliament.

173 Supplementary, incidental, consequential etc. provision

(1) The Secretary of State may by order make--

(a) such supplementary, incidental or consequential provision, or

(b) such transitory, transitional or saving provision,

as he considers appropriate for the general purposes, or any particular purpose, of this Act, or in consequence of, or for giving full effect to, any provision made by this Act.

(2) An order under subsection (1) may amend, repeal, revoke or otherwise modify any enactment (including this Act).

(3) The power to make an order under subsection (1) includes power to repeal or revoke an enactment which is spent.

(4) Before exercising the power conferred by subsection (1) in relation to an enactment which extends to Scotland, the Secretary of State must consult the Scottish Ministers.

(5) The power conferred by subsection (1) is exercisable by the Scottish Ministers (rather than by the Secretary of State) where the provision to be made is--

(a) for the general purposes of this Act and would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament; or

(b) for the purposes of, in consequence of, or for giving full effect to--

(i) section 77, 156, 171 or Schedule 15,

(ii) so far as extending to Scotland, any provision mentioned in section 178(4),

(iii) so far as relating as mentioned in section 178(5), section 174(2) and Schedule 17,

(iv) so far as having effect as mentioned in section 178(6)(a), section 96.

(6) But an order under--

(a) paragraph (b)(i) of subsection (5) in relation to section 171 or Schedule 15, or

(b) paragraph (b)(iv) of that subsection,

may be made only after consulting the Secretary of State.

(7) Nothing in this Act affects the generality of the power conferred by this section.

174 Minor and consequential amendments, repeals and revocations

(1) Schedule 16 makes provision for remaining minor and consequential amendments (search warrants).

(2) Schedule 17 makes provision for the repeal and revocation of enactments (including enactments which are spent).

175 Penalties for offences: transitional modification for England and Wales

(1) This section contains transitional modifications in respect of penalties for certain offences committed in England or Wales.

(2) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44) (general limit on magistrates' court's power to impose imprisonment), the references in the following provisions to periods of imprisonment of 12 months are to be read as references to periods of imprisonment of 6 months--

section 67(5)(b);
section 86(2)(b);
section 88(3)(b);
section 147(1)(a).

(3) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the references in the following provisions of this Act to periods of imprisonment of 51 weeks are to be read as references to the periods of imprisonment specified in respect of those provisions as follows--

Section	Modified period of imprisonment
section 51(4)(a)	6 months
section 51(5)(a)	1 month
section 57(4)(a)	6 months
section 57(5)(a)	1 month
section 67(4)(a)	6 months
section 79(10)(a)(i)	6 months
section 112(5)	4 months
section 128(5)(a)	6 months
section 136(1)	3 months
section 136(3)(a)	3 months
section 136(4)	3 months

176 Expenses

(1) There shall be paid out of money provided by Parliament--

(a) any expenditure incurred by the Secretary of State by virtue of this Act;

(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

(2) Subsection (1)(a) does not apply to any expenditure of the Secretary of State under section 155.

177 Interpretation

(1) In this Act "SOCA" means the Serious Organised Crime Agency.

(2) In this Act "enactment" includes--

(a) an enactment contained in or made under an Act of the Scottish Parliament or Northern Ireland legislation, and

(b) an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).

(3) In this Act references to enactments include enactments passed or made after the passing of this Act.

(4) Subsections (2) and (3) apply except where the context otherwise requires.

178 Commencement

(1) The following provisions come into force on the day on which this Act is passed--

(a) sections 117(7) (and section 117(6) so far as relates to it), 158, 167, 172, 173, 176, 177, this section and section 179, and

(b) Part 1 of Schedule 17 and (so far as it relates to that Part of that Schedule) section 174(2).

(2) Section 163(4) comes into force at the end of the period of three months beginning with the day on which this Act is passed.

(3) Sections 77 and 156 come into force on such day as the Scottish Ministers may by order appoint.

(4) So far as they extend to Scotland--

(a) Chapter 1 of Part 2,

(b) sections 79 to 81,

(d) sections 163 to 166, and

(e) Schedule 14,

come into force on such day as the Scottish Ministers may by order appoint.

(5) So far as they relate--

(a) to sections 113 and 115 of the Police Act 1997 (c. 50) as those sections apply to Scotland;

(b) to section 125 of that Act, to the Regulation of Care (Scotland) Act 2001 (asp 8), to the Protection of Children (Scotland) Act 2003 (asp 5) and to the Criminal Justice (Scotland) Act 2003 (asp 7),

section 174(2) and Schedule 17 come into force on such day as the Scottish Ministers may by order appoint.

(6) The following provisions come into force on such day as the Scottish Ministers may by order appoint after consulting the Secretary of State--

(a) section 96 so far as it has effect for the purpose of conferring functions on the Scottish Ministers, and

(b) section 171 and Schedule 15.

(7) The following provisions come into force on such day as the Secretary of State may by order appoint after consulting the Scottish Ministers--

(a) sections 95, 98(2), 99(2) and (3), 100, 101 and 107, and

(b) paragraphs 1 and 6 of Schedule 6, and section 109 so far as relating to those paragraphs.

(8) Otherwise, this Act comes into force on such day as the Secretary of State may by order appoint.

(9) Different days may be appointed for different purposes or different areas.

(10) The Secretary of State may by order make such provision as he considers appropriate for transitory, transitional or saving purposes in connection with the coming into force of any provision of this Act.

(11) The power conferred by subsection (10) is exercisable by the Scottish Ministers (rather than the Secretary of State) in connection with any provision of this Act which comes into force by order made by the Scottish Ministers.

179 Short title and extent

(1) This Act may be cited as the Serious Organised Crime and Police Act 2005.

(2) Subject to the following provisions, this Act extends to England and Wales only.

(3) The following extend also to Scotland--

(a) sections 1 to 54, 57 and 58,

(b) sections 60 to 68, 70, 79 to 96, 98 to 106, 107(1) and (4) and 108,

(d) section 131,

(e) sections 150 to 153, 156(6), 158, 163(1) and (2), 164, 165(1) and (2), 166(2), 167 and 171(1),

(f) sections 172, 173, 176 to 178 and this section,

(g) Schedules 1, 3, 5 and 15.

(4) The following extend to Scotland only--

(a) section 77 and 107(3),

(b) sections 129 and 130(3),

(5) The following extend also to Northern Ireland--

(a) sections 1 to 54, 57 and 58,

(b) sections 68, 71 to 75, 79 to 106, 107(1), (2) and (4) and 108,

(d) sections 128, 131 and 144,

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