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

(The document as of February, 2008)

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

26 A person who is or has been a prison officer.

27 A person who is or has been a covert human intelligence source (within the meaning of section 26(8) of the Regulation of Investigatory Powers Act 2000 (c. 23) or of section 1(7) of the Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11)).

28 A person--

(a) who is a member of the family of a person specified in any of the preceding paragraphs;

(b) who lives or has lived in the same household as a person so specified;

Section 109

SCHEDULE 6 Minor and consequential amendments relating to Chapter 6 of Part 2

Prescription and Limitation (Scotland) Act 1973 (c. 52)

1 In section 19B(3) of the Prescription and Limitation (Scotland) Act 1973 (actions for recovery of property obtained through unlawful conduct etc.)--

(a) after paragraph (a) insert--

" (aa) an application is made for a prohibitory property order, or " , and

(b) for "earlier" substitute "earliest".

Limitation Act 1980 (c. 58)

2 In section 27A(3) of the Limitation Act 1980 (time limits for bringing proceedings for recovery order: when proceedings are brought)--

(a) after paragraph (a) insert--

" (aa) an application is made for a property freezing order, or " , and

(b) for "earlier" substitute "earliest".

Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))

3 In Article 72A(3) of the Limitation (Northern Ireland) Order 1989 (time limits for bringing proceedings for recovery order: when proceedings are brought)--

(a) after paragraph (a) insert--

" (aa) an application is made for a property freezing order, or " , and

(b) for "earlier" substitute "earliest".

Proceeds of Crime Act 2002 (c. 29)

4 The Proceeds of Crime Act 2002 (c. 29) is amended as follows.

5 In section 82(f) (confiscation: England and Wales: property is free property if order under section 246 etc. applies to it)--

(a) after "section" insert "245A," and

(b) after "246," insert "255A, 256,".

6 In section 148(f) (confiscation: Scotland: property is free property if order under section 246 etc. applies to it)--

(a) after "section" insert "245A," and

(b) after "246," insert "255A, 256,".

7 In section 230(f) (confiscation: Northern Ireland: property is free property if order under section 246 etc. applies to it)--

(a) after "section" insert "245A," and

(b) after "246," insert "255A, 256,".

8 In section 241(2)(a) (conduct occurring outside the United Kingdom that is unlawful conduct for the purposes of Part 5)--

(a) after "in a country" insert "or territory", and

(b) for "of that country" substitute "applying in that country or territory".

9 In section 243 (proceedings for recovery orders in England and Wales or Northern Ireland), after subsection (4) insert--

" (5) Nothing in sections 245A to 255 limits any power of the court apart from those sections to grant interim relief in connection with proceedings (including prospective proceedings) under this Chapter. "

10 Before section 248 (and its heading) insert the following heading--

" Property freezing orders and interim receiving orders: registration "

11 (1) Section 248 (registration: England and Wales) is amended as follows.

(2) In subsection (1)(a), for "interim receiving orders" substitute "property freezing orders, and in relation to interim receiving orders,".

(3) In subsection (1)(b), for "interim receiving orders" substitute "property freezing orders, and in relation to applications for interim receiving orders,".

(4) In subsection (3), before "an interim receiving order" insert "a property freezing order or".

12 (1) Section 249 (registration: Northern Ireland) is amended as follows.

(2) In subsection (1), after "applying for" insert "a property freezing order or".

(3) In subsection (1)(b), for "an interim receiving order" substitute "a property freezing order, or an interim receiving order,".

(4) After subsection (1) insert--

" (1A) Upon being served with a copy of a property freezing order, the Registrar must, in respect of any registered land to which a property freezing order or an application for a property freezing order relates, make an entry inhibiting any dealing with the land without the consent of the High Court. "

(5) In subsection (3), after "entry made under subsection" insert "(1A) or".

(6) In subsection (4)--

(a) after "Where" insert "a property freezing order or", and

(b) after "setting aside the" insert "property freezing order or".

13 Before section 250 (and its heading) insert the following heading--

" Interim receiving orders: further provisions "

14 (1) Section 252 (interim receiving orders: prohibition on dealings) is amended as follows.

(2) For subsection (4) (restriction on exclusions for legal expenses) substitute--

" (4) Where the court exercises the power to make an exclusion for the purpose of enabling a person to meet legal expenses that he has incurred, or may incur, in respect of proceedings under this Part, it must ensure that the exclusion--

(a) is limited to reasonable legal expenses that the person has reasonably incurred or that he reasonably incurs,

(b) specifies the total amount that may be released for legal expenses in pursuance of the exclusion, and

(c) is made subject to the required conditions (see section 286A) in addition to any conditions imposed under subsection (3).

(4A) The court, in deciding whether to make an exclusion for the purpose of enabling a person to meet legal expenses of his in respect of proceedings under this Part--

(a) must have regard (in particular) to the desirability of the person being represented in any proceedings under this Part in which he is a participant, and

(b) must, where the person is the respondent, disregard the possibility that legal representation of the person in any such proceedings might, were an exclusion not made, be funded by the Legal Services Commission or the Northern Ireland Legal Services Commission. "

(3) In subsection (6) (power to make exclusions not to be exercised so as to prejudice enforcement authority's rights to recover property), after "must" insert ", subject to subsection (4A),".

15 In section 266 (recovery orders), after subsection (8) insert--

" (8A) A recovery order made by a court in England and Wales or Northern Ireland may provide for payment under section 280 of reasonable legal expenses that a person has reasonably incurred, or may reasonably incur, in respect of--

(a) the proceedings under this Part in which the order is made, or

(b) any related proceedings under this Part.

(8B) If regulations under section 286B apply to an item of expenditure, a sum in respect of the item is not payable under section 280 in pursuance of provision under subsection (8A) unless--

(a) the enforcement authority agrees to its payment, or

(b) the court has assessed the amount allowed by the regulations in respect of that item and the sum is paid in respect of the assessed amount. "

16 In section 271(4) (certain payments to trustee for civil recovery to be reduced to take account of loss caused by interim receiving order etc.)--

(a) in paragraph (a), for "an interim receiving order or" substitute "a property freezing order, an interim receiving order, a prohibitory property order or an", and

(b) in paragraph (b), for "interim receiving order or interim administration order" substitute "order mentioned in paragraph (a)".

17 In section 272(5) (provision in recovery orders for compensation for loss caused by interim receiving order etc.)--

(a) in paragraph (a), for "an interim receiving order or" substitute "a property freezing order, an interim receiving order, a prohibitory property order or an", and

(b) in paragraph (b), for "interim receiving order or interim administration order" substitute "order mentioned in paragraph (a)".

18 In section 280(2) (application of realised proceeds of recovery order)--

(a) after paragraph (a) insert--

" (aa) next, any payment of legal expenses which, after giving effect to section 266(8B), are payable under this subsection in pursuance of provision under section 266(8A) contained in the recovery order, " and

(b) in paragraph (b), for "second" substitute "then".

19 In section 283 (compensation where interim receiving order etc. has applied)--

(a) in subsection (1), for "an interim receiving order or" substitute "a property freezing order, an interim receiving order, a prohibitory property order or an", and

(b) in subsection (5), for "interim receiving order or interim administration order" substitute "order mentioned in subsection (1)".

20 After section 286 insert--

" 286A Legal expenses excluded from freezing: required conditions

(1) The Lord Chancellor may by regulations specify the required conditions for the purposes of section 245C(5) or 252(4).

(2) A required condition may (in particular)--

(a) restrict who may receive sums released in pursuance of the exclusion (by, for example, requiring released sums to be paid to professional legal advisers), or

(b) be made for the purpose of controlling the amount of any sum released in pursuance of the exclusion in respect of an item of expenditure.

(3) A required condition made for the purpose mentioned in subsection (2)(b) may (for example)--

(a) provide for sums to be released only with the agreement of the enforcement authority;

(b) provide for a sum to be released in respect of an item of expenditure only if the court has assessed the amount allowed by regulations under section 286B in respect of that item and the sum is released for payment of the assessed amount;

(i) the enforcement authority agrees to its release, or

(ii) the court has assessed the amount allowed by regulations under section 286B in respect of that item and the sum is released for payment of the assessed amount.

(4) Before making regulations under this section, the Lord Chancellor must consult such persons as he considers appropriate.

286B Legal expenses: regulations for purposes of section 266(8B) or 286A(3)

(1) The Lord Chancellor may by regulations--

(a) make provision for the purposes of section 266(8B);

(b) make provision for the purposes of required conditions that make provision of the kind mentioned in section 286A(3)(b) or (c).

(2) Regulations under this section may (in particular)--

(a) limit the amount of remuneration allowable to representatives for a unit of time worked;

(b) limit the total amount of remuneration allowable to representatives for work done in connection with proceedings or a step in proceedings;

(c) limit the amount allowable in respect of an item of expense incurred by a representative or incurred, otherwise than in respect of the remuneration of a representative, by a party to proceedings.

(3) Before making regulations under this section, the Lord Chancellor must consult such persons as he considers appropriate. "

21 In section 287 (financial threshold for starting proceedings), in subsections (3) and (4) (threshold applies to applications made before proceedings started but does not apply after proceedings started or application made), for "an interim receiving order or" substitute "a property freezing order, an interim receiving order, a prohibitory property order or an".

22 (1) Section 316(1) (interpretation of Part 5) is amended as follows.

(2) After the definition of "premises" insert--

" "prohibitory property order" has the meaning given by section 255A(2);

"property freezing order" has the meaning given by section 245A(2); " .

(3) In paragraph (b) of the definition of "respondent", for "an interim receiving order or" substitute "a property freezing order, an interim receiving order, a prohibitory property order or an".

23 In section 432 (insolvency practitioners), in subsections (1)(b), (8)(a) and (9)(a), for "an interim receiving order made under section 246" substitute "a property freezing order made under section 245A, an interim receiving order made under section 246, a prohibitory property order made under section 255A".

Section 111

SCHEDULE 7 Powers of Arrest: supplementary

Part 1 Specific repeals

Unlawful Drilling Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 1)

1 In section 2 of the Unlawful Drilling Act 1819 (power to disperse unlawful meeting), omit ", or for any other person acting in their aid or assistance,".

Vagrancy Act 1824 (c. 83)

2 Section 6 of the Vagrancy Act 1824 (power to apprehend) shall cease to have effect.

Railway Regulation Act 1842 (c. 55)

3 Section 17 of the Railway Regulation Act 1842 (punishment of persons guilty of misconduct) shall cease to have effect.

Companies Clauses Consolidation Act 1845 (c. 16)

4 In section 156 of the Companies Clauses Consolidation Act 1845 (transient offenders), omit ", and all persons called by him to his assistance,".

Railways Clauses Consolidation Act 1845 (c. 20)

5 (1) The Railways Clauses Consolidation Act 1845 is amended as follows.

(2) Section 104 (detention of offenders) shall cease to have effect.

(3) Section 154 (transient offenders) shall cease to have effect.

Licensing Act 1872 (c. 94)

6 In section 12 of the Licensing Act 1872 (penalty on persons found drunk), omit "may be apprehended, and".

Public Stores Act 1875 (c. 25)

7 In section 12 of the Public Stores Act 1875 (powers of arrest and search), omit subsection (1).

London County Council (General Powers) Act 1894 (c. ccxii)

8 In section 7 of the London County Council (General Powers) Act 1894 (arrest for breach of byelaws), omit "and any person called to the assistance of such constable or person authorised".

London County Council (General Powers) Act 1900 (c. cclxviii)

9 In section 27 of the London County Council (General Powers) Act 1900 (arrest for breach of byelaws), omit "and any person called to the assistance of such constable or officer".

Licensing Act 1902 (c. 28)

10 (1) The Licensing Act 1902 is amended as follows.

(2) In section 1 (apprehension of persons found drunk), omit "apprehended and".

(3) In section 2 (being drunk in charge of a child), in subsection (1), omit "may be apprehended, and".

Protection of Animals Act 1911 (c. 27)

11 In section 12 of the Protection of Animals Act 1911 (powers of constables), omit subsection (1).

Official Secrets Act 1911 (c. 28)

12 Section 6 of the Official Secrets Act 1911 (power of arrest) shall cease to have effect.

Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)

13 In section 7 of the Public Order Act 1936 (enforcement), omit subsection (3).

Street Offences Act 1959 (c. 57)

14 In section 1 of the Street Offences Act 1959 (loitering or soliciting for purposes of prostitution), omit subsection (3).

Criminal Justice Act 1967 (c. 80)

15 In section 91 of the Criminal Justice Act 1967 (drunkenness in a public place), in subsection (1), omit "may be arrested without warrant by any person and".

Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c. xxix)

16 In Article 19 (power of detention) of the Order set out in the Schedule to the Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967, omit "and any person called to the assistance of such constable or officer".

Theft Act 1968 (c. 60)

17 In section 25 of the Theft Act 1968 (going equipped for stealing etc.), omit subsection (4).

Port of London Act 1968 (c. xxxii)

18 Section 170 of the Port of London Act 1968 (power of arrest) shall cease to have effect.

Criminal Law Act 1977 (c. 45)

19 (1) The Criminal Law Act 1977 is amended as follows.

(2) In section 6 (violence for securing entry), omit subsection (6).

(3) In section 7 (adverse occupation of residential premises), omit subsection (6).

(4) In section 8 (trespassing with a weapon of offence), omit subsection (4).

(5) In section 9 (trespassing on premises of foreign missions, etc.), omit subsection (7).

(6) In section 10 (obstruction of certain officers executing process), in subsection (5), omit "A constable in uniform,".

Theft Act 1978 (c. 31)

20 In section 3 of the Theft Act 1978 (making off without payment), omit subsection (4).

Animal Health Act 1981 (c. 22)

21 (1) The Animal Health Act 1981 is amended as follows.

(2) In section 61 (powers of arrest as to rabies), omit subsection (1).

(3) In section 62 (entry and search under section 61), omit subsection (1).

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

22 In Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (control of sex establishments), omit paragraph 24.

Aviation Security Act 1982 (c. 36)

23 In section 28 of the Aviation Security Act 1982 (byelaws for designated airports), omit subsection (3).

Police and Criminal Evidence Act 1984 (c. 60)

24 (1) The Police and Criminal Evidence Act 1984 is amended as follows.

(2) In section 118 (general interpretation), in subsection (1), omit the definition of "arrestable offence".

(3) Schedule 1A (specific offences which are arrestable offences) shall cease to have effect.

(4) In Schedule 2 (preserved powers of arrest), the following are omitted--

the entry relating to the Military Lands Act 1892 (c. 43),
the entry relating to the Protection of Animals Act 1911 (c. 27),
the entry relating to the Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6),
the entry relating to the Street Offences Act 1959 (c. 57),
the entry relating to the Criminal Law Act 1977 (c. 45),
the entry relating to the Animal Health Act 1981 (c. 22).

Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)

25 In section 7 of the Sporting Events (Control of Alcohol etc.) Act 1985 (powers of enforcement), in subsection (2), omit ", and may arrest such a person".

Public Order Act 1986 (c. 64)

26 (1) The Public Order Act 1986 is amended as follows.

(2) In section 3 (affray), omit subsection (6).

(3) In section 4 (fear or provocation of violence), omit subsection (3).

(4) In section 4A (intentional harassment, alarm or distress), omit subsection (4).

(5) In section 5 (harassment, alarm or distress), omit subsections (4) and (5).

(6) In section 12 (imposing conditions on public processions), omit subsection (7).

(7) In section 13 (prohibiting public processions), omit subsection (10).

(8) In section 14 (imposing conditions on public assemblies), omit subsection (7).

(9) In section 14B (offences in connection with trespassory assemblies), omit subsection (4).

(10) In section 14C (stopping persons from proceeding to trespassory assemblies), omit subsection (4).

(11) In section 18 (use of words or behaviour or display of written material), omit subsection (3).

Road Traffic Act 1988 (c. 52)

27 (1) The Road Traffic Act 1988 is amended as follows.

(2) In section 4 (driving etc. under influence of drink or drugs), omit subsections (6) to (8).

(3) In section 163 of the Road Traffic Act 1988 (power of police to stop vehicles), omit subsection (4).

(4) The repeal of section 4(8) extends also to Scotland.

Football Spectators Act 1989 (c. 37)

28 In section 2 of the Football Spectators Act 1989 (offences relating to unauthorised attendance at designated football matches), omit subsection (4).

Transport and Works Act 1992 (c. 42)

29 In section 30 of the Transport and Works Act 1992 (powers of arrest and entry), omit subsections (1) and (3).

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

30 In section 241 of the Trade Union and Labour Relations (Consolidation) Act 1992 (intimidation or annoyance), omit subsection (3).

Criminal Justice and Public Order Act 1994 (c. 33)

31 (1) The Criminal Justice and Public Order Act 1994 is amended as follows.

(2) In section 61 (power to remove trespassers on land), omit subsection (5).

(3) In section 62B (failure to comply with direction under section 62A), omit subsection (4).

(4) In section 63 (powers to remove persons attending or preparing for a rave), omit subsection (8).

(5) In section 65 (raves: powers to stop persons from proceeding), omit subsection (5).

(6) In section 68 (offence of aggravated trespass), omit subsection (4).

(7) In section 69 (powers to remove persons committing or participating in aggravated trespass), omit subsection (5).

(8) In section 76 (interim possession orders: trespassing during currency of order), omit subsection (7).

Reserve Forces Act 1996 (c. 14)

32 In Schedule 2 to the Reserve Forces Act 1996 (deserters and absentees without leave), omit paragraph 2(1).

Confiscation of Alcohol (Young Persons) Act 1997 (c. 33)

33 In section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (confiscation of alcohol), omit subsection (5).

Crime and Disorder Act 1998 (c. 37)

34 In section 31 of the Crime and Disorder Act 1998 (racially or religiously aggravated public order offences), omit subsections (2) and (3).

Criminal Justice and Police Act 2001 (c. 16)

35 In the Criminal Justice and Police Act 2001--

(a) in section 42 (police directions stopping harassment etc. of a person in his home), omit subsection (8),

(b) in section 47 (application of offences relating to prostitution advertising to public structures), omit subsection (3).

Anti-social Behaviour Act 2003 (c. 38)

36 In the Anti-social Behaviour Act 2003--

(a) in section 4 (closure of premises: offences), omit subsection (5),

(b) in section 32 (supplementary provisions about powers relating to dispersal of groups and removal of persons under 16 to their homes), omit subsection (3).

Hunting Act 2004 (c. 37)

37 Section 7 of the Hunting Act 2004 (arrest) shall cease to have effect.

Part 2 General repeal

38 So much of the enactments set out in the second column of the Table below as confers a power of arrest without warrant upon--

(a) a constable, or

(b) persons in general (as distinct from persons of any description specified in or for the purposes of the enactment),

shall cease to have effect to the extent that it is not already spent.

Short title and chapter	Enactment affected
Unlawful Drilling Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 1)	Section 2 (power to disperse unlawful meeting).
Military Lands Act 1892 (c. 43)	Section 17(2) (powers relating to breaches of byelaws).
London County Council (General Powers) Act 1894 (c. ccxii)	Section 7 (arrest for breach of byelaws).
London County Council (General Powers) Act 1900 (c. cclxviii)	Section 27 (arrest for breach of byelaws).
Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c. xxix)	Article 19 (power of detention) of the Order set out in the Schedule.
Theft Act 1968 (c. 60)	In Schedule 1 (offences of taking or destroying fish), paragraph 2(4).
Lotteries and Amusements Act 1976 (c. 32)	In section 19 (search warrants), the second paragraph (b).
Animal Health Act 1981 (c. 22)	Section 60 (duties and authorities of constables).

Part 3 Amendments relating to references to arrestable offences and serious arrestable offences

Criminal Law Act 1826 (c. 64)

39 In section 28 of the Criminal Law Act 1826 (which confers power to order the payment of compensation to those who have helped apprehend an offender), for "an arrestable offence" substitute "an indictable offence".

Criminal Law Act 1967 (c. 58)

40 (1) The Criminal Law Act 1967 is amended as follows.

(2) In section 4 (penalties for assisting offenders)--

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