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

(The document as of February, 2008)

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(a) the Serious Organised Crime Agency, and

(b) the chief constable of the Ministry of Defence Police. "

Dartford-Thurrock Crossing Act 1988 (c. 20)

51 In section 19(a) of the Dartford-Thurrock Crossing Act 1988 (exemption from tolls) for sub-paragraph (ia) substitute--

" (ia) the Serious Organised Crime Agency; " .

Road Traffic Act 1988 (c. 52)

52 The Road Traffic Act 1988 shall have effect subject to the following amendments.

53 (1) In section 124 (exemption from requirements regarding paid driving instruction) after subsection (1) insert--

" (1A) Section 123(1) and (2) also does not apply to the giving of instruction by a SOCA instructor in pursuance of arrangements made by the Director General of the Serious Organised Crime Agency.

In this subsection "SOCA instructor" means a member of the staff of the Serious Organised Crime Agency whose duties consist of or include the giving instruction in the driving of motor cars to other members of the Agency's staff. "

(2) In subsection (2) of that section, omit the definitions of "chief officer of police", "police authority" and "police force".

54 In section 144(2) (exemption from requirement of third-party insurance or security) omit paragraph (ba).

Security Service Act 1989 (c. 5)

55 The Security Service Act 1989 has effect subject to the following amendments.

56 In section 1(4) (functions of the Security Service) for ", the National Criminal Intelligence Service, the National Crime Squad" substitute ", the Serious Organised Crime Agency".

57 In section 2(2)(c) (duties of the Director General)--

(a) for "the Director General of the National Criminal Intelligence Service" substitute "the Director General of the Serious Organised Crime Agency", and

(b) for ", the National Criminal Intelligence Service, the National Crime Squad" substitute ", the Serious Organised Crime Agency".

Official Secrets Act 1989 (c. 6)

58 In section 12(1)(e) of the Official Secrets Act 1989 (meaning of "Crown servant" in that Act) for "or of the National Criminal Intelligence Service or the National Crime Squad" substitute "or of the Serious Organised Crime Agency".

Aviation and Maritime Security Act 1990 (c. 31)

59 In section 22(4)(b) of the Aviation and Maritime Security Act 1990 (searches in harbour areas) omit sub-paragraph (iii) and the word "or" before it.

Tribunals and Inquiries Act 1992 (c. 53)

60 The Tribunals and Inquiries Act 1992 has effect subject to the following amendments.

61 In section 7(2) (removal of members of certain tribunals) after "36A" omit "(a) or (b)".

62 In Schedule 1 (tribunals under supervision of Council on Tribunals) in paragraph 36A omit "(a)" and sub-paragraph (b).

Criminal Appeal Act 1995 (c. 35)

63 (1) Section 22 of the Criminal Appeal Act 1995 (meaning of "public body" etc.) has effect subject to the following amendments.

(2) In subsection (2)--

(a) in paragraph (a) omit ", the National Crime Squad",

(b) in paragraph (b)--

(i) at the end of sub-paragraph (i) insert "and",

(ii) omit sub-paragraph (ii), and

(iii) at the end of sub-paragraph (iii) insert "and",

(c) in paragraph (c) for ", the City of London police force or the National Crime Squad" substitute "or the City of London police force", and

(d) omit paragraphs (d) and (e).

(3) In subsection (4) for paragraph (aa) substitute--

" (aa) in relation to the Serious Organised Crime Agency, the Director General of that Agency, " .

Disability Discrimination Act 1995 (c. 50)

64 The Disability Discrimination Act 1995 has effect subject to the following amendments.

65 (1) The section 64A (police) inserted by the Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673) is amended as follows.

(2) In subsection (7)--

(a) in the definition of "chief officer of police", omit paragraph (b),

(b) in the definition of "police authority", omit paragraph (b), and

66 In the section 64A (police) inserted by the Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), in subsection (6)(a), for "section 23 of the Police Act 1997" substitute "section 23 or 24 of the Serious Organised Crime and Police Act 2005".

67 (1) The section 64B (other police bodies) inserted by the Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 is amended as follows.

(2) For subsection (6) substitute--

" (6) Subject to subsection (8), in this section 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

Police Act 1996 (c. 16)

68 The Police Act 1996 has effect subject to the following amendments.

69 Omit section 23(8) (collaboration agreements).

70 Omit section 24(5) (mutual aid).

71 (1) Section 54 (appointment and functions of inspectors of constabulary) is amended as follows.

(2) In subsection (2) omit "the National Criminal Intelligence Service and the National Crime Squad".

(3) For subsection (2B) substitute--

" (2B) The Secretary of State may at any time require the inspectors of constabulary to carry out an inspection under this section of a police force maintained for any police area; and a requirement under this subsection may include a requirement for the inspection to be confined to a particular part of the force in question, to particular matters or to particular activities of that force. "

72 In section 55 (publication of reports) omit subsection (7).

73 (1) Section 57 (common services) is amended as follows.

(2) In subsection (3A)--

(a) for "National Crime Squad" substitute "Serious Organised Crime Agency", and

(b) for "Squad for the Squad" substitute "Agency for the Agency".

(3) For subsection (4)(c) substitute--

" (c) if the regulations relate to the Serious Organised Crime Agency, that Agency. "

74 Omit section 59(8) (police federations).

75 Omit section 60(2A) (regulations for police federations).

76 In section 61(1) (police negotiating board) omit paragraphs (aa) and (ba).

77 (1) Section 62 (functions of negotiating board with respect to regulations) is amended as follows.

(2) In subsection (1) omit paragraphs (aa) and (ab).

(3) Omit the subsection (1A) inserted by paragraph 82(2) of Schedule 9 to the Police Act 1997 (c. 50).

(4) Omit subsections (1B) and (1C).

(5) In subsection (2) for "subsection (1), (1A) or (1B)" substitute "subsection (1) or (1A)".

78 (1) Section 63 (police advisory boards) is amended as follows.

(2) Omit subsections (1A) and (1B).

(3) For subsection (3) substitute--

" (3) Before making--

(a) regulations under section 50 or 52, other than regulations with respect to any of the matters mentioned in section 61(1), or

(b) regulations under Part 2 of the Police Reform Act 2002,

the Secretary of State shall supply the Police Advisory Board for England and Wales with a draft of the regulations, and take into consideration any representations made by that Board. "

79 In section 64 (membership of trade unions) omit subsections (4A) and (4B).

80 (1) Section 88 (liability for wrongful acts of constables) is amended as follows.

(2) In subsection (5)(b) omit "or section 23 of the Police Act 1997".

(3) After subsection (5) insert--

" (5A) This section shall have effect where, by virtue of section 23 or 24 of the Serious Organised Crime and Police Act 2005, a member of the staff of the Serious Organised Crime Agency who is neither a constable nor an employee of the police authority is provided to a police force as if--

(a) any unlawful conduct of his in the performance or purported performance of his functions were unlawful conduct of a constable under the direction and control of the chief officer of police of that force; and

(b) subsection (4) applied to him in the case of the police authority maintaining that force. "

81 In section 89(4)(a) (assaults on constables) omit "or by a member of the National Criminal Intelligence Service or of the National Crime Squad".

82 (1) Section 97 (police officers engaged on service outside their force) is amended as follows.

(2) In subsection (1)--

(a) omit paragraphs (ca) and (cb),

(b) the paragraph (cd) inserted by paragraph 30(2) of Schedule 11 to the Proceeds of Crime Act 2002 (c. 29) is to be paragraph (ce), and

" (cf) temporary 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 the words from "paragraph" to "subsection (1)" substitute "paragraph (a), (aa), (b), (c), (cc), (cd), (ce), (cf), (d), (g) or (h) of subsection (1)".

(4) In subsection (8) for the words from "paragraph" to "subsection (1)" substitute "paragraph (aa), (b), (c), (cc), (cd), (ce), (cf) or (d) of subsection (1)".

83 (1) Section 98 (cross-border aid) is amended as follows.

(2) In subsections (2) and (3)--

(a) omit "or the Director General of the National Crime Squad", and

(b) omit "or the National Crime Squad".

(3) Omit subsection (3A).

(4) In subsection (4)--

(a) omit "or the National Crime Squad",

(b) for "(2), (3) or (3A)" substitute "(2) or (3)", and

(5) In subsection (5)--

(a) omit "or the National Crime Squad" (in both places), and

(b) omit "or the Director General of the National Crime Squad".

(6) Omit subsection (6A).

Employment Rights Act 1996 (c. 18)

84 The Employment Rights Act 1996 has effect subject to the following amendments.

85 In section 43KA(2) (application of Part 4A of that Act to the police) for paragraphs (b) and (c) 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, that Agency; and " .

86 In section 50(2) (right to time off for public duties) omit paragraph (ca).

87 In section 134A (application of section 100 of that Act to the police) after subsection (2) add--

" (3) Subsection (1) does not apply to the holding of the office of constable by a member of a police force on secondment to the Serious Organised Crime Agency. "

Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6))

88 In Schedule 2 to the Juries (Northern Ireland) Order 1996 omit the entry relating to members of the National Criminal Intelligence Service, members of the Service Authority for the National Criminal Intelligence Service and persons employed by the Authority.

Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))

89 The Employment Rights (Northern Ireland) Order 1996 has effect subject to the following amendments.

90 In Article 67KA(3) (application of Part VA of that Order to the police) omit sub-paragraph (b).

91 In Article 72A(2) (application of Article 68 of that Order to the police) omit sub-paragraph (b).

92 In Article 169A(2) (application of Article 132 of that Order to the police) omit sub-paragraph (b).

Police (Health and Safety) Act 1997 (c. 42)

93 In section 5(3) of the Police (Health and Safety) Act 1997--

(a) in the definition of "relevant authority" omit paragraphs (c) and (d),

(b) in the definition of "relevant fund" omit paragraphs (b) and (c), and

Police Act 1997 (c. 50)

94 The Police Act 1997 has effect subject to the following amendments.

95 Omit sections 1 to 87 (provision about NCIS and NCS and their Service Authorities).

96 Omit sections 89 and 90 (general provision about NCS).

97 (1) Section 93 (authorisations to interfere with property) is amended as follows.

(2) In subsection (1B) after "officer is a" insert "member of the staff of the Serious Organised Crime Agency,".

(3) In subsection (3) for paragraphs (b) and (c) substitute--

" (b) if the authorising officer is within subsection (5)(f), by a member of the staff of the Serious Organised Crime Agency, " .

(4) In subsection (5) for paragraphs (f) and (g) substitute--

" (f) the Director General of the Serious Organised Crime Agency, or any member of the staff of that Agency who is designated for the purposes of this paragraph by that Director General; " .

(5) In subsection (6) omit paragraphs (d) and (e).

98 (1) Section 94 (authorisations in absence of authorising officer) is amended as follows.

(2) In subsection (1)--

(a) in paragraph (a) for "or (e)" substitute ", (e) or (f)",

(b) at the end of paragraph (a) insert "or",

(d) omit paragraph (c) and the word "or" before it.

(3) In subsection (2) for paragraphs (e) and (ea) substitute--

" (e) where the authorising officer is within paragraph (f) of that subsection, by a person designated for the purposes of this section by the Director General of the Serious Organised Crime Agency; " .

(4) Omit subsections (3) and (4)(c).

99 (1) Section 95 (form and duration of authorisations) is amended as follows.

(2) In subsection (6) for "or (g)" substitute "or (f)".

(3) In subsection (7) for ", (d), (f) or (g)" substitute "or (d)".

100 (1) Section 97 (authorisations requiring approval) is amended as follows.

(2) In subsection (6A)--

(a) for ", (e) or (g)" substitute "or (e)", and

(b) for ", Chief Constable or, as the case may be, Director General" substitute "or, as the case may be, Chief Constable".

(3) After subsection (6A) insert--

" (6B) The reference in subsection (6) to the authorising officer who gave the authorisation or in whose absence it was given shall be construed--

(a) in the case of an authorisation given by a person within paragraph (f) of section 93(5), as a reference to that person, and

(b) in the case of an authorisation given in the absence of such a person, as a reference to a member of the staff of the Serious Organised Crime Agency who is designated for the purposes of this section by the Director General of that Agency. "

101 In section 105(3) (supplementary provision about appeals) for ", (d), (f) or (g)" substitute "or (d)".

102 In section 107(4)(b) (exclusions from Chief Commissioner's report) for "Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad" substitute "Serious Organised Crime Agency".

103 (1) Section 109 (Police Information Technology Organisation) is amended as follows.

(2) In subsection (3) after "police forces," insert--

" (aa) the Serious Organised Crime Agency, " .

(3) In subsection (4) for "(a) or (b)" substitute "(a), (aa) or (b)".

104 (1) Section 111 (interpretation of Part 5) is amended as follows.

(2) In subsection (1)--

(a) at the end of paragraph (a) insert "and", and

(b) omit paragraphs (c) and (d).

(3) In subsection (2)--

(a) at the end of paragraph (b) insert "and", and

(b) omit paragraphs (d) and (e).

(4) In subsection (3)--

(a) at the end of paragraph (a) insert "and", and

(b) omit paragraphs (c) and (d).

105 In section 137(2) (extent) omit paragraphs (b) and (c).

106 Omit Schedules 1 to 2A (Service Authorities for NCIS and NCS).

Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))

107 The Race Relations (Northern Ireland) Order 1997 has effect subject to the following amendments.

108 In Article 72A(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".

109 In Article 72B (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

Police (Health and Safety) (Northern Ireland) Order 1997 (S.I. 1997/1774 (N.I. 16))

110 In Article 7(3) of the Police (Health and Safety) (Northern Ireland) Order 1997--

(a) in the definition of "the relevant authority", omit sub-paragraph (b),

(b) in the definition of "the relevant fund", omit sub-paragraph (a), and

Audit Commission Act 1998 (c. 18)

111 In section 32(1) of the Audit Commission Act 1998 (documents to be sent by the Audit Commission to the Secretary of State), for the words from "relates to--" onwards substitute "relates to a police authority established under section 3 of the Police Act 1996."

Data Protection Act 1998 (c. 29)

112 In section 56(6) of the Data Protection Act 1998 (prohibition of requirement to produce certain records), in the first entry in the first column of the Table, for paragraphs (d) and (e) substitute--

" (d) the Director General of the Serious Organised Crime Agency. "

Police (Northern Ireland) Act 1998 (c. 32)

113 The Police (Northern Ireland) Act 1998 has effect subject to the following amendments.

114 (1) Section 27 (members of Police Service of Northern Ireland engaged on other police service) is amended as follows.

(2) In subsection (1)--

(a) omit paragraph (b), and

(b) after paragraph (ca) insert--

" (cb) seconded service as a member of the staff of the Serious Organised Crime Agency on which a member of the Police Service of Northern Ireland is engaged with the consent of the Chief Constable; " .

(3) In subsection (5)(b) for the words from "subsection (1)(aa)" to "or (j)" substitute "subsection (1)(aa), (c), (ca), (cb), (d), (e), (f), (h) or (j)".

(4) In subsection (7) for "(1)(b), (c) or (ca)" substitute "(1)(c), (ca) or (cb)".

115 In section 29(5) (liability for wrongful acts of constables) for "section 23 of the Police Act 1997" substitute "section 23 or 24 of the Serious Organised Crime and Police Act 2005".

116 In section 41 (inspectors of constabulary) for subsections (3) and (3A) substitute--

" (3A) The Secretary of State may at any time require the inspectors to carry out an inspection under this section of the Police Service of Northern Ireland; and a requirement under this subsection may include a requirement for the inspection to be confined to a particular part of the Service, to particular matters or to particular activities of the Service. "

117 (1) Section 42 (publication of reports of inspectors of constabulary) is amended as follows.

(2) In subsection (1) omit ", (3)".

(3) Omit subsection (7).

Crime and Disorder Act 1998 (c. 37)

118 Omit section 113 of the Crime and Disorder Act 1998 (deputy authorising officer under Part 3 of Police Act 1997).

Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21))

119 The Fair Employment and Treatment (Northern Ireland) Order 1998 has effect subject to the following amendments.

120 In Article 94(6) (police officers) for "section 23 of the Police Act 1997" substitute "section 23 or 24 of the Serious Organised Crime and Police Act 2005".

121 In Article 94A (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

Immigration and Asylum Act 1999 (c. 33)

122 The Immigration and Asylum Act 1999 has effect subject to the following amendments.

123 In section 20(1) (supply of information to Secretary of State) for paragraphs (b) and (c) substitute--

" (b) the Serious Organised Crime Agency; " .

124 (1) Section 21 (supply of information by Secretary of State) is amended as follows.

(2) In subsection (1) for paragraphs (b) and (c) substitute--

" (b) the Serious Organised Crime Agency, for use for SOCA purposes; " .

(3) For subsections (4) and (5) substitute--

" (4) "SOCA purposes" means any of the functions of the Serious Organised Crime Agency mentioned in section 2, 3 or 5 of the Serious Organised Crime and Police Act 2005. "

Terrorism Act 2000 (c. 11)

125 The Terrorism Act 2000 has effect subject to the following amendments.

126 In section 19(7B) (duty to disclose information)--

(a) for "person" substitute "member of the staff of the Serious Organised Crime Agency", and

(b) for "the National Criminal Intelligence Service" substitute "that Agency".

127 In section 20(5) (permission to disclose information)--

(a) for "person" substitute "member of the staff of the Serious Organised Crime Agency", and

(b) for "the National Criminal Intelligence Service" substitute "that Agency".

128 In section 21A(14) (failure to disclose: regulated sector)--

(a) for "person" substitute "member of the staff of the Serious Organised Crime Agency", and

(b) for "the National Criminal Intelligence Service" substitute "that Agency".

129 In section 21B(7) (protected disclosures)--

(a) for "person" substitute "member of the staff of the Serious Organised Crime Agency", and

(b) for "the National Criminal Intelligence Service" substitute "that Agency".

130 In Schedule 14 (exercise of officers' powers), in paragraph 4(1), for paragraph (d) substitute--

" (d) to the Serious Organised Crime Agency; " .

Regulation of Investigatory Powers Act 2000 (c. 23)

131 The Regulation of Investigatory Powers Act 2000 has effect subject to the following amendments.

132 (1) Section 6 (application for issue of an interception warrant) is amended as follows.

(2) In subsection (2)(d) for "National Criminal Intelligence Service" substitute "Serious Organised Crime Agency".

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