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

(The document as of February, 2008)

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

(3) In subsection (3) after "specified in" insert "paragraph (a), (b), (c), (e), (f), (g), (h), (i) or (j)".

133 (1) In section 17(3) (exclusion of matters from legal proceedings) for paragraphs (c) and (d) substitute--

" (c) any member of the staff of the Serious Organised Crime Agency; " .

(2) Sub-paragraph (1) does not affect the operation of section 17 in relation to conduct by any member of the National Criminal Intelligence Service or the National Crime Squad which took place before the commencement of this paragraph.

134 (1) In section 19(2) (unauthorised disclosures) for paragraphs (c) and (d) substitute--

" (c) every member of the staff of the Serious Organised Crime Agency; " .

(2) Sub-paragraph (1) does not affect the operation of section 19 in relation to any person's service as a member of the National Criminal Intelligence Service or the National Crime Squad before the commencement of this paragraph.

135 (1) Section 25 (interpretation) is amended as follows.

(2) In subsection (1), in the definition of "relevant public authority", for paragraphs (b) and (c) substitute--

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

(3) After subsection (3) insert--

" (3A) References in this Chapter to an individual holding an office or position with the Serious Organised Crime Agency include references to any member of the staff of that Agency. "

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

" (4) The Secretary of State may by order--

(a) remove any person from the list of persons who are for the time being relevant public authorities for the purposes of this Chapter; and

(b) make such consequential amendments, repeals or revocations in this or any other enactment as appear to him to be necessary or expedient.

(5) The Secretary of State shall not make an order under this section--

(a) that adds any person to the list of persons who are for the time being relevant public authorities for the purposes of this Chapter, or

(b) that by virtue of subsection (4)(b) amends or repeals any provision of an Act,

unless a draft of the order has been laid before Parliament and approved by a resolution of each House. "

136 In section 32(6) (authorisation of intrusive surveillance) for paragraphs (k) and (l) substitute--

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

137 (1) Section 33 (rules for grant of authorisation) is amended as follows.

(2) In subsection (1)--

(a) omit ", the National Criminal Intelligence Service or the National Crime Squad", and

(b) omit ", Service or Squad".

(3) After subsection (1) insert--

" (1A) A person who is a designated person for the purposes of section 28 or 29 by reference to his office or position with the Serious Organised Crime Agency shall not grant an authorisation under that section except on an application made by a member of the staff of the Agency. "

(4) In subsection (3)--

(a) omit ", the National Criminal Intelligence Service or the National Crime Squad", and

(b) omit (in both places) ", Service or Squad".

(5) After subsection (3) insert--

" (3A) The Director General of the Serious Organised Crime Agency or a person designated for the purposes of section 32(6)(k) by that Director General shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by a member of the staff of the Agency. "

(6) In subsection (5)(a) for "the National Criminal Intelligence Service or the National Crime Squad," substitute "a member of the staff of the Serious Organised Crime Agency,".

(7) In subsection (6)--

(a) in paragraph (e) omit "and also of the National Criminal Intelligence Service", and

(b) omit paragraph (f).

138 (1) Section 34 (grant of authorisations in absence of senior officer) is amended as follows.

(2) In subsection (1)(a) for "of the National Criminal Intelligence Service or of the National Crime Squad" substitute "a member of the staff of the Serious Organised Crime Agency".

(3) In subsection (2)(a) for ", Service or Squad" substitute "or Agency".

(4) In subsection (4) for paragraphs (j) and (k) substitute--

" (j) a person is entitled to act for the Director General of the Serious Organised Crime Agency if he is a person designated for the purposes of this paragraph by that Director General as a person entitled so to act in an urgent case; " .

(5) Omit subsection (5).

(6) Omit subsection (6)(c).

139 (1) Section 35 (notification of certain authorisations) is amended as follows.

(2) In subsection (1) for "police, customs" substitute "police, SOCA, customs".

(3) In subsection (10)--

(a) for "police, customs" substitute "police, SOCA, customs", and

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

140 (1) Section 36 (approval required for authorisations to take effect) is amended as follows.

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

" (b) a member of the staff of the Serious Organised Crime Agency; " .

(3) In subsection (6)--

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

(b) for paragraphs (d) and (e) substitute--

" (d) where the authorisation was granted by a person designated for the purposes of section 32(6)(k), or by a person entitled to act for the Director General of the Serious Organised Crime Agency by virtue of section 34(4)(j), that Director General; " .

141 In section 37(1) (quashing of police and customs authorisations) for paragraphs (b) and (c) substitute--

" (b) a member of the staff of the Serious Organised Crime Agency; " .

142 In section 40 (duty to provide information to Surveillance Commissioners) for paragraphs (b) and (c) substitute--

" (b) every member of the staff of the Serious Organised Crime Agency, " .

143 In section 45(6) (cancellation of authorisations)--

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

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

144 In section 46(3) (restriction on authorisations extending to Scotland) after paragraph (da) insert--

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

145 In section 49(1)(e) (notices requiring disclosure) after "the police" (in both places) insert ", SOCA".

146 (1) Section 51 (cases in which key required) is amended as follows.

(2) In subsection (2)--

(a) for "the police, the customs" substitute "the police, SOCA, the customs", and

(b) after paragraph (a) insert--

" (aa) in the case of a direction by SOCA, except by or with the permission of the Director General of the Serious Organised Crime Agency; " .

(3) In subsection (3) after "of police," insert "the Director General of the Serious Organised Crime Agency,".

(4) In subsection (6) after "of police," insert "by the Director General of the Serious Organised Crime Agency,".

147 In section 54(3) (tipping-off) after "police" (in both places) insert "SOCA,".

148 (1) Section 55 (duties of specified authorities) is amended as follows.

(2) In subsection (1) after paragraph (b) insert--

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

(3) After subsection (3) insert--

" (3A) Paragraph 11 of Schedule 1 to the Serious Organised Crime and Police Act 2005 does not apply in relation to the duties of the Director General of the Serious Organised Crime Agency under this section. "

149 In section 56(1) (interpretation)--

(a) in the definition of "chief officer of police" omit paragraphs (j) and (k),

(b) in paragraph (a) of the definition of "the police" after "constable" insert "(except a constable who is a member of the staff of the Serious Organised Crime Agency)", and

" "SOCA" means the Serious Organised Crime Agency or any member of the staff of the Serious Organised Crime Agency; " .

150 In section 58(1) (co-operation with Commissioner) for paragraphs (b) and (c) substitute--

" (b) every member of the staff of the Serious Organised Crime Agency, " .

151 In section 65(6) (the Tribunal) for paragraphs (d) and (e) substitute--

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

152 In section 68(7) (disclosure to Tribunal) for paragraphs (b) and (c) substitute--

" (b) every member of the staff of the Serious Organised Crime Agency; " .

153 In section 75(6) (authorisations under Part 3 of Police Act 1997) omit paragraph (b).

154 (1) Section 76A (foreign surveillance operations) is amended as follows.

(2) In subsection (6)(a) for "National Criminal Intelligence Service" substitute "Serious Organised Crime Agency".

(3) In subsection (11), in the definition of "United Kingdom officer"--

(a) in paragraph (b) for "National Criminal Intelligence Service" substitute "staff of the Serious Organised Crime Agency", and

(b) in paragraph (c) omit "the National Crime Squad or".

155 (1) In Schedule 1 (relevant authorities) for paragraphs 2 and 3 substitute--

" 2 The Serious Organised Crime Agency. "

156 (1) Schedule 2 (persons having appropriate permission) is amended as follows.

(2) In paragraph 2--

(a) in sub-paragraph (3) after "the police" insert ", SOCA", and

(b) in sub-paragraph (5) after "Only the police" insert ", SOCA".

(3) In paragraph 4(2) after "the police," (in each place) insert "SOCA,".

(4) In paragraph 5(3)(b) after "police" insert ", SOCA".

(5) In paragraph 6--

(a) after sub-paragraph (3) insert--

" (3A) A member of the staff of the Serious Organised Crime Agency does not by virtue of paragraph 1, 4 or 5 have the appropriate permission in relation to any protected information unless permission to give a section 49 notice in relation to that information has been granted--

(a) by the Director General; or

(b) by a member of the staff of the Agency of or above such level as the Director General may designate for the purposes of this sub-paragraph. " ; and

(b) after sub-paragraph (5) add--

" (6) In sub-paragraph (2) "constable" does not include a constable who is a member of the staff of the Serious Organised Crime Agency. "

Football (Disorder) Act 2000 (c. 25)

157 Omit section 2 of the Football (Disorder) Act 2000 (disclosure of information by NCIS).

Freedom of Information Act 2000 (c. 36)

158 The Freedom of Information Act 2000 has effect subject to the following amendments.

159 In section 23(3) (bodies supplying information which is exempt) omit "and" at the end of paragraph (k) and after paragraph (l) add--

" (m) the Serious Organised Crime Agency. "

160 In Schedule 1 (list of public authorities), in Part 6, omit the entries relating to the National Crime Squad and the Service Authority for the National Crime Squad.

Criminal Justice and Court Services Act 2000 (c. 43)

161 In section 71(1) and (2)(a) of the Criminal Justice and Court Services Act 2000 (access to driver licensing records) after "constables" insert "and members of the staff of the Serious Organised Crime Agency".

Criminal Justice and Police Act 2001 (c. 16)

162 The Criminal Justice and Police Act 2001 has effect subject to the following amendments.

163 In section 88(8) (functions of Central Police Training and Development Authority) for paragraphs (a) and (b) substitute--

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

164 (1) Section 104 (vice-chairmen) is amended as follows.

(2) Omit subsection (3).

(3) In subsection (4)--

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

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

(4) Omit subsection (8).

165 (1) Section 107 (payment of allowances to authority members) is amended as follows.

(2) Omit subsection (1)(c).

(3) Omit subsection (4).

166 Omit sections 108 to 121 (provision about NCIS and NCS and their Service Authorities).

167 Omit section 138(6)(d) (extent).

Proceeds of Crime Act 2002 (c. 29)

168 The Proceeds of Crime Act 2002 has effect subject to the following amendments.

169 In section 313(1) (restriction on performance by police of functions of the Director of the Assets Recovery Agency) omit paragraphs (c) and (d).

170 In section 330(5)(a) (required disclosure of information regarding money laundering) for "the Director General of the National Criminal Intelligence Service" substitute "the Director General of the Serious Organised Crime Agency".

171 In section 331(5)(a) (required disclosure of information regarding money laundering) for "the Director General of the National Criminal Intelligence Service" substitute "the Director General of the Serious Organised Crime Agency".

172 In section 332(5)(a) (required disclosure of information regarding money laundering) for "the Director General of the National Criminal Intelligence Service" substitute "the Director General of the Serious Organised Crime Agency".

173 In section 336 (giving of consent by a nominated officer) in subsections (2)(a), (3)(a) and (4)(a), for "the Director General of the National Criminal Intelligence Service" substitute "the Director General of the Serious Organised Crime Agency".

174 In section 340(13) (interpretation of references to constable) for "the Director General of the National Criminal Intelligence Service" substitute "the Director General of the Serious Organised Crime Agency".

175 In section 378(5) (interpretation of references to officers) for "the Director General of the National Criminal Intelligence Service" substitute "the Director General of the Serious Organised Crime Agency".

176 In section 436(5) (persons permitted to disclose information to the Director of the Assets Recovery Agency) for paragraphs (b) and (c) substitute--

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

177 In section 439(5) (persons permitted to disclose information to the Lord Advocate and Scottish Ministers) for paragraphs (b) and (c) substitute--

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

178 In section 445(2)(b) (external investigations) for "the Director General of the National Criminal Intelligence Service" substitute "the Director General of the Serious Organised Crime Agency".

Police Reform Act 2002 (c. 30)

179 The Police Reform Act 2002 has effect subject to the following amendments.

180 Omit section 8 (powers of Secretary of State in relation to NCIS and NCS).

181 (1) Section 38 (exercise of police powers by civilian employees) is amended as follows.

(2) Omit subsection (3).

(3) In subsection (4) omit "or a Director General".

(4) In subsection (7) omit "or of a Service Authority".

182 In section 42 (supplementary provisions relating to exercise of police powers) omit subsections (4) and (8).

183 (1) Section 45 (code of practice relating to exercise of police powers) is amended as follows.

(2) In subsection (1) omit "and by Directors General".

(3) In subsection (3) omit paragraphs (a), (b), (d) and (e).

(4) In subsection (5) omit "or a Director General".

184 In section 47(1) (interpretation) omit the definitions of "Director General" and "Service Authority".

185 (1) Section 82 (police nationality requirements) is amended as follows.

(2) In subsection (1) omit paragraph (c).

(3) In subsection (2)--

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

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

(4) In subsection (3)--

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

(b) omit paragraph (d).

(5) In subsection (4) for ", Service or Squad" substitute "or Service".

186 Omit sections 85 to 91 (NCIS and NCS: general provisions).

187 Omit section 93 (quorum for NCIS and NCS service authorities).

188 (1) Section 102 (liability for wrongful acts of constables) is amended as follows.

(2) In subsection (2) omit paragraphs (c) and (d).

(3) In subsection (5) omit paragraphs (b) and (c).

189 (1) Section 103 (liability in respect of members of teams) is amended as follows.

(2) Omit subsections (2) and (3).

(3) In subsection (6) omit ", the NCIS service fund or the NCS service fund,".

190 In Schedule 4 (powers exercisable by police civilians), in paragraph 36(1), omit paragraph (b) and the word "and" before it.

Crime (International Co-operation) Act 2003 (c. 32)

191 Omit section 85 (liability of NCIS in respect of foreign officers) of the Crime (International Co-operation) Act 2003.

Courts Act 2003 (c. 39)

192 In section 41(6)(c) of the Courts Act 2003 (disqualification of lay justices who are members of local authorities) for ", the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad" substitute "or the Serious Organised Crime Agency".

Sexual Offences Act 2003 (c. 42)

193 The Sexual Offences Act 2003 has effect subject to the following amendments.

194 In section 94(3) (supply of information for verification) for paragraphs (c) and (d) substitute--

" (c) the Serious Organised Crime Agency. "

195 In section 95(2) (supply of information by Secretary of State) for paragraphs (b) and (c) substitute--

" (b) the Serious Organised Crime Agency. "

Criminal Justice Act 2003 (c. 44)

196 In section 29(5) of the Criminal Justice Act 2003 (persons who may institute criminal proceedings by written charge) after paragraph (ca) insert--

" (cb) the Director General of the Serious Organised Crime Agency or a person authorised by him to institute criminal proceedings; " .

Energy Act 2004 (c. 20)

197 The Energy Act 2004 has effect subject to the following amendments.

198 In section 59(3) (members of civil nuclear constabulary serving with other forces)--

(a) in the definition of "chief officer" omit paragraphs (c) and (d), and

(b) in the definition of "relevant force" omit paragraphs (c) and (d).

199 After section 59 insert--

" 59A " Constables serving with Serious Organised Crime Agency

(1) A member of the Constabulary 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 the Serious Organised Crime Agency and the chief constable. "

Domestic Violence, Crime and Victims Act 2004 (c. 28)

200 In Schedule 9 to the Domestic Violence, Crime and Victims Act 2004 (authorities within remit of Commissioner for Victims and Witnesses) for paragraphs 13 and 14 substitute--

" 13 The Serious Organised Crime Agency. "

Section 82

SCHEDULE 5 Persons specified for the purposes of section 82

1 A person who is or might be, or who has been, a witness in legal proceedings (whether or not in the United Kingdom).

2 A person who has complied with a disclosure notice given to him by virtue of section 62(1).

3 (1) A person who has been given an immunity notice under section 71(1) if the notice continues to have effect in relation to him.

(2) A person who has been given a restricted use undertaking under section 72(1) if the undertaking continues to have effect in relation to him.

4 A person who is or has been a member of a jury.

5 A person who holds or has held judicial office (whether or not in the United Kingdom).

6 A person who is or has been a justice of the peace or who holds or has held a position comparable to that of a justice of the peace in a place outside the United Kingdom.

7 A person who is or has been a member of an international tribunal which has jurisdiction in criminal matters.

8 A person who conducts or has conducted criminal prosecutions (whether or not in the United Kingdom).

9 (1) A person who is or has been the Director of Public Prosecutions for England and Wales.

(2) A person who is or has been a member of staff of the Crown Prosecution Service for England and Wales.

10 (1) A person who is or has been the Director or deputy Director of Public Prosecutions for Northern Ireland.

(2) A person who is or has been a person appointed under Article 4(3) of the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I.1)) to assist the Director of Public Prosecutions for Northern Ireland.

11 A person who is or has been under the direction and control of the Lord Advocate in the Lord Advocate's capacity as head of the systems of criminal prosecution and investigation of deaths in Scotland.

12 (1) A person who is or has been the Director of Revenue and Customs Prosecutions.

(2) A person who is or has been a member of staff of the Revenue and Customs Prosecutions Office.

13 A person who is or has been a constable.

14 A person who is or has been designated under--

(a) section 38(1) of the Police Reform Act 2002 (c. 30) (police powers for police authority employees);

(b) section 30(1) of the Police (Northern Ireland) Act 2003 (c. 6) (police powers for designated police support staff).

15 A person who is a police custody and security officer (within the meaning of section 9(1A) of the Police (Scotland) Act 1967 (c. 77)) of a police authority in Scotland.

16 A person who--

(a) is or has been an officer of Revenue and Customs;

(b) is or has been a member of staff of Her Majesty's Customs and Excise.

17 A person who is or has been a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 (c. 77).

18 A person who is or has been a member of staff of SOCA.

19 (1) A person who is or has been the Director General of the National Criminal Intelligence Service or the Director General of the National Crime Squad.

(2) A person who is or has been under the direction and control of the Director General of the National Criminal Intelligence Service or the Director General of the National Crime Squad.

20 (1) A person who is or has been the Director of the Scottish Drug Enforcement Agency.

(2) A person who is or has been under the direction and control of the Director of the Scottish Drug Enforcement Agency.

21 (1) A person who is or has been the Director of the Assets Recovery Agency.

(2) A person who is or has been a member of staff of the Assets Recovery Agency or a person with whom the Director of that Agency has made arrangements for the provision of services under section 1(4) of the Proceeds of Crime Act 2002 (c. 29).

22 (1) A person who is or has been the head of the Civil Recovery Unit, that is to say of the organisation known by that name which acts on behalf of the Scottish Ministers in proceedings under Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc. of unlawful conduct).

(2) A person who is or has been a member of staff of the Civil Recovery Unit.

23 (1) A person who is or has been a person appointed by virtue of section 246(1) of the Proceeds of Crime Act 2002 (c. 29) as an interim receiver.

(2) A person who assists or has assisted an interim receiver so appointed in the exercise of such functions as are mentioned in section 247 of that Act.

24 (1) A person who is or has been a person appointed by virtue of section 256(1) of the Proceeds of Crime Act 2002 as an interim administrator.

(2) A person who assists or has assisted an interim administrator so appointed in the exercise of such functions as are mentioned in section 257 of that Act.

25 (1) A person who is or has been the head of the Financial Crime Unit, that is to say of the organisation known by that name which, among other activities, acts on behalf of the Lord Advocate in proceedings under Part 3 of the Proceeds of Crime Act 2002 (confiscation: Scotland).

(2) A person who is or has been a member of staff of the Financial Crime Unit.

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