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Serious Organised Crime and Police Act 2005 (c. 15)(The document as of February, 2008) Page 15 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 (b) in paragraph (d), for "(temporary service otherwise than with NCIS or NCS)" substitute "(temporary service of various kinds)". 10 In section 108(7) (extent etc.), omit paragraph (e). 11 (1) Schedule 3 (handling of complaints and conduct matters) is amended as follows. (2) In paragraph 16(3), for paragraph (b) substitute-- " (b) a member of the staff of the Serious Organised Crime Agency, " . (3) In paragraph 17(2), for paragraph (b) substitute-- " (b) a member of the staff of the Serious Organised Crime Agency, " . Section 58 SCHEDULE 3 Transfers to SOCAInterpretation1 In this Schedule--
Staff2 (1) A transfer scheme may provide for a person who-- (a) holds a relevant appointment, (b) is an officer of Revenue and Customs, or (c) is an immigration officer, to become an employee of SOCA. (2) If the person had a contract of employment before becoming an employee of SOCA, the scheme may provide for that contract to have effect (subject to any necessary modifications) as if originally made between him and SOCA. (3) If the person did not have a contract of employment, the scheme may provide for the terms and conditions of his relevant appointment or service as an officer of Revenue and Customs or an immigration officer to have effect (subject to any necessary modifications) as the terms and conditions of his contract of employment with SOCA. (4) In this paragraph "relevant appointment" does not include an appointment held by a person engaged on relevant service within the meaning of-- (a) section 38A of the 1967 Act, (b) section 97 of the 1996 Act, or (c) section 27 of the 1998 Act. 3 A transfer scheme may provide-- (a) for relevant service within section 38A(1)(ba) of the 1967 Act to have effect from a time specified in the scheme as relevant service within section 38A(1)(bc) of that Act, (b) for relevant service within section 97(1)(ca) or (cb) of the 1996 Act to have effect from a time specified in the scheme as relevant service within section 97(1)(cf) of that Act, (c) for relevant service within section 27(1)(b) of the 1998 Act to have effect from a time specified in the scheme as relevant service within section 27(1)(cb) of that Act. 4 (1) A transfer scheme may provide-- (a) for the secondment by virtue of which a person holds a relevant appointment to have effect as a secondment to SOCA, and (b) for him to serve as a member of the staff of SOCA. (2) The scheme may make provision as to the terms and conditions which are to have effect as the terms and conditions of his secondment to SOCA. 5 (1) A transfer scheme may provide-- (a) for the transfer to SOCA of the rights, powers, duties and liabilities of the employer under or in connection with the contract of employment of a person who becomes a member of the staff of SOCA by virtue of the scheme, (b) for anything done before that transfer by or in relation to the employer in respect of such a contract or the employee to be treated as having been done by or in relation to SOCA. (2) Sub-paragraph (1) applies with the necessary modifications in relation to a person who before becoming a member of the staff of SOCA-- (a) did not have a contract of employment, or (b) held a relevant appointment by virtue of a secondment. (3) A transfer scheme may make provision for periods before a person became an employee of SOCA to count as periods of employment with SOCA (and for the operation of the scheme not to be treated as having interrupted the continuity of that employment). 6 (1) A transfer scheme may provide for a person who-- (a) holds a relevant appointment or is an officer of Revenue and Customs or an immigration officer, and (b) would otherwise become a member of the staff of SOCA by the operation of the scheme, not to become a member of the staff of SOCA if he gives notice objecting to the operation of the scheme in relation to him. (2) A transfer scheme may provide for any person who would be treated (whether by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated. 7 (1) A transfer scheme may provide for the termination of a relevant appointment. (2) The Secretary of State may make a payment of such amount (if any) as he may determine to the person who held the appointment. Property, rights and liabilities etc.8 (1) A transfer scheme may provide for the transfer to SOCA of property, rights and liabilities of any of the following-- (a) NCIS, its Service Authority and Director General, (b) NCS, its Service Authority and Director General, (c) the Commissioners, and (d) the Secretary of State. (2) The scheme may-- (a) create rights, or impose liabilities, in relation to property, rights and liabilities transferred by virtue of the scheme, and (b) apportion property, rights and liabilities between the Commissioners, or the Secretary of State, and SOCA. (3) The scheme may provide for things done by or in relation to persons to whom sub-paragraph (4) applies to be-- (a) treated as done by or in relation to SOCA or members of the staff of SOCA, (b) continued by or in relation to SOCA or members of the staff of SOCA. (4) This sub-paragraph applies to-- (a) NCIS, its members and Service Authority, (b) NCS, its members and Service Authority, (c) the Commissioners and officers of Revenue and Customs, and (d) the Secretary of State and immigration officers. (5) The scheme may in particular make provision about the continuation of legal proceedings. 9 A transfer scheme may provide for SOCA to make any payment which-- (a) before a day specified in the scheme could have been made out of the NCIS service fund or the NCS service fund, but (b) is not a liability which can be transferred by virtue of paragraph 8. Supplementary10 (1) A transfer scheme may contain-- (a) further provision in connection with any of the matters to which paragraphs 2 to 9 relate, (b) the provision mentioned in sub-paragraph (3). (2) The provision which may be made under sub-paragraph (1)(a) includes provision as to the consequences of the termination of a person's appointment or employment by or by virtue of the scheme. (3) The provision mentioned in this sub-paragraph is provision-- (a) for the Secretary of State, or any other person nominated by or in accordance with the scheme, to determine any matter requiring determination under or in consequence of the scheme, and (b) as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (a). 11 (1) Before making a transfer scheme which contains any provision relating to persons who fall within paragraph (a), (b) or (c) of paragraph 2(1), the Secretary of State must consult such bodies appearing to represent the interests of those persons as he considers appropriate. (2) Before making a transfer scheme which contains any provision relating to-- (a) officers of Revenue and Customs, or (b) property, rights or liabilities of the Commissioners, the Secretary of State must consult the Commissioners. Power to make regulations12 The Secretary of State may by regulations make-- (a) provision as to the consequences of the termination of a person's employment by a transfer scheme (including provision removing any entitlement to compensation which might otherwise arise in such circumstances); (b) transitory, transitional or saving provision in connection with any provision which is (or in the future may be) included in a transfer scheme by virtue of paragraph 3. Section 59 SCHEDULE 4 Minor and consequential amendments relating to SOCAExplosives Act 1875 (c. 17)1 (1) Section 75 of the Explosives Act 1875 is amended as follows. (2) In subsection (1)-- (a) after "chief officer of police," insert "the Director General of the Serious Organised Crime Agency,", and (b) after "any officer of police," insert "designated person,". (3) For subsection (2) substitute-- " (2) In subsection (1) "designated person" means a member of the staff of the Serious Organised Crime Agency who is for the time being designated under section 43 of the Serious Organised Crime and Police Act 2005 as a person having the powers of a constable (but this is subject to any limitation specified in such a person's designation under that section). " Police (Property) Act 1897 (c. 30)2 (1) Section 2A of the Police (Property) Act 1897 (application to NCS) is amended as follows. (2) For "National Crime Squad" (in each place) substitute "Serious Organised Crime Agency". (3) In subsection (2)-- (a) in paragraph (a) for "member of that Squad" substitute "member of the staff of that Agency", and (b) in paragraph (b) for "Squad" substitute "Agency". (4) In subsection (3)-- (a) in paragraph (a) for "the Service Authority for that Squad" substitute "that Agency", and (b) in paragraph (b) for "Squad" substitute "Agency". (5) In the heading, for "NCS" substitute "SOCA". Army Act 1955 (3 & 4 Eliz. 2 c. 18)3 In section 83BC(2) of the Army Act 1955 (police forces which may be advised by prosecuting authority) omit paragraph (k). Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)4 In section 83BC(2) of the Air Force Act 1955 (police forces which may be advised by prosecuting authority) omit paragraph (k). Naval Discipline Act 1957 (c. 53)5 In section 52IJ(2) of the Naval Discipline Act 1957 (police forces which may be advised by prosecuting authority) omit paragraph (k). Public Records Act 1958 (c. 51)6 In Schedule 1 to the Public Records Act 1958 (definition of public records) in Part 2 of the Table at the end of paragraph 3-- (a) at the appropriate place insert-- " Serious Organised Crime Agency. " ; and (b) omit the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service. Trustee Investments Act 1961 (c. 62)7 The Trustee Investments Act 1961 has effect subject to the following amendments. 8 In section 11(4) (local authority investment schemes)-- (a) in paragraph (a) omit ", the Service Authority for the National Crime Squad", and (b) omit paragraph (e). 9 In Part 2 of Schedule 1 (narrower-range investments requiring advice) omit paragraph 9(da). Offices, Shops and Railway Premises Act 1963 (c. 41)10 In section 90(4) of the Offices, Shops and Railway Premises Act 1963 (persons taken to be employed for the purposes of the Act)-- (a) at the end of paragraph (c) insert "or"; and (b) for paragraph (d) substitute-- " (d) a member of a police force seconded to the Serious Organised Crime Agency to serve as a member of its staff. " Parliamentary Commissioner Act 1967 (c. 13)11 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) omit the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service. Police (Scotland) Act 1967 (c. 77)12 The Police (Scotland) Act 1967 has effect subject to the following amendments. 13 In section 33 (inspectors of constabulary), in subsections (3) and (4), omit "and the National Criminal Intelligence Service". 14 (1) Section 38A (constables engaged on service outside their force) is amended as follows. (2) In subsection (1)-- (a) omit paragraph (ba), and (b) after paragraph (bb) insert-- " (bc) relevant service as a member of the staff of the Serious Organised Crime Agency on which a person is engaged with the consent of the appropriate authority, " . (3) In subsection (6)(a) for "(ba) or (bb), (e) or (f)" substitute "(bb), (bc), (e) or (f)". 15 In section 39(4) (liability for wrongful acts of constables) for "section 23 of the Police Act 1997" substitute "section 23 or 25 of the Serious Organised Crime and Police Act 2005". 16 In section 41(4)(a) (assaults on constables) omit "or by a member of the National Criminal Intelligence Service or of the National Crime Squad". Leasehold Reform Act 1967 (c. 88)17 In section 28(5) of the Leasehold Reform Act 1967 (bodies retaining or resuming land required for public services) omit paragraph (bc). Firearms Act 1968 (c. 27)18 In section 54(3)(c) of the Firearms Act 1968 (application of Parts 1 and 2 to crown servants) for "National Criminal Intelligence Service or the National Crime Squad" substitute "staff of the Serious Organised Crime Agency". Employment Agencies Act 1973 (c. 35)19 In section 13(7) of the Employment Agencies Act 1973 (interpretation), in paragraph (f), omit ", the Service Authority for the National Criminal Intelligence Service, the Service Authority for the National Crime Squad". Health and Safety at Work etc. Act 1974 (c. 37)20 In section 51A(2) of the Health and Safety at Work etc. Act 1974 (application of Part 1 of the Act to the police) for paragraph (b) substitute-- " (b) in relation to a member of a police force seconded to the Serious Organised Crime Agency to serve as a member of its staff, means that Agency, and " . District Courts (Scotland) Act 1975 (c. 20)21 In section 12(1) of the District Courts (Scotland) Act 1975 (restriction of functions of justices who are councillors etc.) after "authority" insert "or a member of staff of the Serious Organised Crime Agency". House of Commons Disqualification Act 1975 (c. 24)22 The House of Commons Disqualification Act 1975 has effect subject to the following amendments. 23 In section 1(1) (disqualification for membership of House of Commons) omit paragraph (da). 24 (1) Schedule 1 (disqualifying offices) is amended as follows. (2) In Part 2-- (a) at the appropriate place insert-- " The Serious Organised Crime Agency. " ; and (b) omit the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service. (3) In Part 3, at the appropriate place insert-- " Member of the staff of the Serious Organised Crime Agency. " Northern Ireland Assembly Disqualification Act 1975 (c. 25)25 The Northern Ireland Assembly Disqualification Act 1975 has effect subject to the following amendments. 26 In section 1(1) (disqualification for membership of Assembly) omit paragraph (da). 27 (1) Schedule 1 (disqualifying offices) is amended as follows. (2) In Part 2-- (a) at the appropriate place insert-- " The Serious Organised Crime Agency. " ; and (b) omit the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service. (3) In Part 3, at the appropriate place insert-- " Member of the staff of the Serious Organised Crime Agency. " Sex Discrimination Act 1975 (c. 65)28 In section 17 of the Sex Discrimination Act 1975 (police), in subsection (7)-- (a) in the definition of "chief officer of police", omit paragraph (aa); (b) in the definition of "police authority", omit paragraph (aa); and (c) in the definition of "police fund", omit the words from ", in relation to" (in the second place where they occur) to "the Police Act 1997". Police Pensions Act 1976 (c. 35)29 The Police Pensions Act 1976 has effect subject to the following amendments. 30 In section 7(2) (payment of pensions and contributions), at the beginning of each of paragraphs (ca) to (cd), insert "an employee of SOCA and who immediately before he became an employee of SOCA was serving as". 31 (1) Section 11 (interpretation) is amended as follows. (2) In subsection (1), at the beginning of each of paragraphs (ba), (bb), (bc) and (bd), after "service" insert "as an employee of SOCA by a person who immediately before he became an employee of SOCA was serving". (3) In subsection (2) for paragraphs (c) and (d) substitute-- " (c) in relation to any such service as is mentioned in paragraph (ba), (bb), (bc) or (bd) of subsection (1) or any service of the kind described in section 97(1)(cf) of the Police Act 1997 or section 38A(1)(bc) of the Police (Scotland) Act 1967, it means SOCA; " . (4) In subsection (5), in the definition of "central service"-- (a) in paragraph (a) omit "(ca), (cb)," and after "(cc)" insert ", (cf)", and (b) in paragraph (b) for "(ba) or (bb)" substitute "(bb) or (bc)". (5) After the definition of "pension rights" in that subsection add-- " "SOCA" means the Serious Organised Crime Agency. " 32 Paragraphs 30 and 31 (and the corresponding entry in Schedule 17) do not affect the operation of the Police Pensions Act 1976 in relation to any person's service of any of the following kinds-- (a) service as the Director General of the National Criminal Intelligence Service; (b) service as the Director General of the National Crime Squad; (c) service as a police member of the National Criminal Intelligence Service appointed under subsection (1)(b) of section 9 of the Police Act 1997 (c. 50) by virtue of subsection (2)(a) of that section; (d) service as a police member of the National Crime Squad appointed under subsection (1)(b) of section 55 of the Police Act 1997 by virtue of subsection (2)(a) of that section; (e) relevant service within paragraph (ca) or (cb) of section 97(1) of the Police Act 1996 (c. 16); (f) relevant service within section 38A(1)(ba) of the Police (Scotland) Act 1967 (c. 77). Race Relations Act 1976 (c. 74)33 The Race Relations Act 1976 has effect subject to the following amendments. 34 (1) Section 76B (other police bodies) is amended as follows. (2) Omit subsection (1). (3) In subsection (2) omit the word "also". (4) After subsection (2) insert-- " (2A) Constables serving with the Serious Organised Crime Agency do not constitute a body of constables for the purposes of subsection (2). " 35 In Schedule 1A (bodies and other persons subject to general statutory duty)-- (a) in Part 1 omit paragraphs 59 and 60, (b) in Part 2 at the appropriate place under the heading "Other Bodies, Etc" insert-- " The Serious Organised Crime Agency. " ; and (c) in Part 3 omit the entry relating to the Director General of the National Crime Squad. Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))36 The Sex Discrimination (Northern Ireland) Order 1976 has effect subject to the following amendments. 37 In Article 84(8) (police officers) for "section 23 of the Police Act 1997" substitute "section 23 or 24 of the Serious Organised Crime and Police Act 2005". 38 In Article 85 (other police bodies), for paragraph (6) substitute-- " (6) In this Article in relation to any body of constables-- (a) "chief officer of police" means the person who has the direction and control of the body; (b) "police authority" means the authority by which the members of the body are paid; and (c) "police fund" means money provided by that authority. " Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))39 In Article 47A(2) of the Health and Safety at Work (Northern Ireland) Order 1978 (application of Part II of the Order to the police) omit sub-paragraph (b). Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)40 In Part 1 of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (persons ineligible for jury service) in Group B, after paragraph (nb) insert-- " (nc) members of staff of the Serious Organised Crime Agency; " . Stock Transfer Act 1982 (c. 41)41 In Schedule 1 to the Stock Transfer Act 1982 (securities specified for the purposes of the Act) in paragraph 7(1)-- (a) at the end of paragraph (b) insert "or"; and (b) omit paragraph (bb) and the word "or" before it. Road Traffic Regulation Act 1984 (c. 27)42 (1) Section 87 of the Road Traffic Regulation Act 1984 (exemption of fire, ambulance and police vehicles from speed limits) is amended as follows. (2) The existing text of that section is to be subsection (1). (3) After that subsection add-- " (2) Subsection (1) above applies in relation to a vehicle being used-- (a) for Serious Organised Crime Agency purposes, or (b) for training persons to drive vehicles for use for Serious Organised Crime Agency purposes, as it applies in relation to a vehicle being used for police purposes. (3) But (except where it is being used for training the person by whom it is being driven) subsection (1) above does not apply in relation to a vehicle by virtue of subsection (2) above unless it is being driven by a person who has been trained in driving vehicles at high speeds. " Police and Criminal Evidence Act 1984 (c. 60)43 The Police and Criminal Evidence Act 1984 has effect subject to the following amendments. 44 In section 5 (reports of recorded searches and road checks) omit subsection (1A). 45 In section 55 (intimate searches) omit subsection (14A). 46 In section 63A(1A) (supplementary provision about fingerprints and samples) for paragraphs (b) and (c) substitute-- " (b) the Serious Organised Crime Agency; " . Prosecution of Offences Act 1985 (c. 23)47 In section 3(3) of the Prosecution of Offences Act 1985 (functions of Director of Public Prosecutions), in the definition of "police force", omit ", the National Crime Squad". Ministry of Defence Police Act 1987 (c. 4)48 The Ministry of Defence Police Act 1987 has effect subject to the following amendments. 49 In section 2B(3) (constables serving with other forces), in the definitions of "chief officer" and "relevant force", omit paragraphs (c) and (d). 50 After section 2B insert-- " 2C Constables serving with Serious Organised Crime Agency(1) A member of the Ministry of Defence Police serving with the Serious Organised Crime Agency under arrangements to which subsection (2) applies shall-- (a) be under the direction and control of the Serious Organised Crime Agency, and (b) continue to be a constable. (2) This subsection applies to arrangements made between-- (a) the Serious Organised Crime Agency, and Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 -- Back --
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