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

(The document as of February, 2008)

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(a) section 5(5B) of the Parliamentary Commissioner Act 1967 (restriction on investigatory powers of Parliamentary Commissioner for Administration);

(b) section 23(2)(b) of the Scotland Act 1998 (power of Scottish Parliament to require persons outside Scotland to give evidence or produce documents);

(c) section 70(6) of that Act of 1998 (accounts prepared by cross-border authorities);

(d) section 91(3)(d) of that Act of 1998 (provision for investigation of certain complaints); and

(e) section 7(5) of the Scottish Public Services Ombudsman Act 2002 (restriction on investigatory powers of ombudsman),

the Authority is to be treated as a cross-border public authority within the meaning of that Act of 1998. "

4 In section 3 (conduct prohibited without a licence), after subsection (3) insert--

" (3A) In the application of this Act to Scotland--

(a) the reference in subsection (3) to the Secretary of State must be construed as a reference to the Scottish Ministers; but

(b) before making any order under subsection (3) the Scottish Ministers are to consult the Secretary of State. "

5 In section 7 (licensing criteria), after subsection (5) insert--

" (5A) Before giving approval under subsection (5), the Secretary of State shall consult the Scottish Ministers. "

6 In section 11 (appeals in licensing matters)--

(a) in subsection (1), after "court" insert "(in Scotland, to the sheriff)";

(b) in subsection (4), the existing words from "a magistrates'" to "Crown Court" become paragraph (a) and after that paragraph insert " or

(b) the sheriff makes a decision on an appeal under that subsection, an appeal to the Sheriff Principal, " ; and

(c) in subsection (6)(d), the existing words from "the appropriate" to the end become sub-paragraph (i) and after that sub-paragraph add " or

(ii) the sheriff or the Sheriff Principal may direct pending an appeal from a determination made on an appeal to the sheriff. "

7 In section 13 (licensing at local authority level), at the end add--

" (8) This section does not apply to Scotland. "

8 In section 15(1) (duty to secure arrangements are in force for granting certain approvals), at the end of paragraph (a) add "or in Scotland".

9 In section 18 (appeals relating to approvals)--

(a) in subsection (1), after "court" insert "(in Scotland, to the sheriff)";

(b) in subsection (4), the existing words from "a magistrates'" to "Crown Court" become paragraph (a) and after that paragraph insert " or

(b) the sheriff makes a decision on an appeal under that subsection, an appeal to the Sheriff Principal, " ; and

(c) in subsection (5)(d), the existing words from "the appropriate" to the end become sub-paragraph (i) and after that sub-paragraph add " or

(ii) the sheriff or the Sheriff Principal may direct pending an appeal from a determination made on an appeal to the sheriff. "

10 In section 23 (criminal liability of directors etc.), the existing words become subsection (1) and after that subsection add--

" (2) Where an offence under any provision of this Act is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of--

(a) a partner; or

(b) any person who was purporting to be a partner,

he (as well as the partnership) shall be guilty of that offence and liable to be proceeded against and punished accordingly. "

11 In section 24 (consultation with Security Industry Authority before making orders or regulations etc.)--

(a) after subsection (1) insert--

" (1A) But in Scotland "prescribed" in paragraph 8(3)(d) of Schedule 2 to this Act includes prescribed by regulations made by the Scottish Ministers. " ;

(b) in subsection (2), after "Secretary of State" insert "or the Scottish Ministers";

(c) in subsection (3), after paragraph (b) insert " or

(c) an order or regulations made by the Scottish Ministers, " ;

(d) after subsection (3) insert--

" (3A) A statutory instrument containing an order or regulations made by the Scottish Ministers, other than an order under section 26(2), shall be subject to annulment in pursuance of a resolution of the Scottish Parliament. " ;

(e) in subsection (4), after "consult" insert "the Scottish Ministers (except where the order is made by virtue of section 3(2)(j)) and"; and

(f) in subsection (5)(b), at the end add "(or where the order is, or regulations are, made by the Scottish Ministers, as the Scottish Ministers think fit)".

12 In section 26 (short title, commencement and extent)--

(a) after subsection (2) insert--

" (2A) In the application of this Act to Scotland--

(a) the reference in subsection (2) to the Secretary of State must be construed as a reference to the Scottish Ministers; but

(b) before making any order under subsection (2) the Scottish Ministers are to consult the Secretary of State. " ; and

(b) in subsection (4), after "Wales" insert "and to Scotland".

13 In Schedule 1 (the Security Industry Authority)--

(a) in paragraph 1 (membership and chairman), at the end add--

" (4) Before appointing the chairman, the Secretary of State shall consult the Scottish Ministers. " ;

(b) in paragraph 3 (removal from office), the existing words become sub-paragraph (1) and after that sub-paragraph insert--

" (2) Before removing a person from office as chairman of the Authority, the Secretary of State shall consult the Scottish Ministers. " ;

(c) in paragraph 6 (staff etc.), after sub-paragraph (2) insert--

" (2A) Before giving consent under sub-paragraph (2), the Secretary of State shall consult the Scottish Ministers. " ;

(d) in paragraph 14 (money), after sub-paragraph (1) insert--

" (1A) The Scottish Ministers may make payments to the Authority out of the Scottish Consolidated Fund in relation to the exercise by the Authority of its functions in or as regards Scotland. " ;

(e) in paragraph 16 (accounts)--

(i) in sub-paragraph (3), after second "State" insert ", to the Scottish Ministers"; and

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

" (3A) The Scottish Ministers shall present documents received by them under sub-paragraph (3) to the Scottish Parliament. " ; and

(f) in paragraph 17 (annual report)--

(i) in sub-paragraph (1), after "State" insert "and to the Scottish Ministers"; and

(ii) at the end add--

" (3) The Scottish Ministers shall lay a copy of each such report before the Scottish Parliament. "

14 In Schedule 2 (activities liable to control under the Private Security Industry Act 2001 (c. 12))--

(a) in paragraph 3 (immobilisation of vehicles), at the end add--

" (4) This paragraph does not apply to any activities carried out in Scotland. " ;

(b) in paragraph 4 (private investigations), after sub-paragraph (4) insert--

" (4A) This paragraph does not apply to any activities of a person who is an advocate or solicitor in Scotland in the provision of legal services--

(a) by him;

(b) by any firm of which he is a partner or by which he is employed;

(c) by any body corporate of which he is a director or member or by which he is employed. " ;

(c) after paragraph 4 insert--

" Taking precognitions

4A (1) This paragraph applies (subject to sub-paragraph (2)) to the taking, other than on behalf of the Crown, of a precognition for the purposes of, or in anticipation of--

(a) criminal or civil proceedings in Scotland; or

(b) proceedings on an application under section 65(7) or (9) of the Children (Scotland) Act 1995.

(2) This paragraph does not apply to any activities of a person who is an advocate or solicitor in Scotland. " ;

(d) in paragraph 8(2) (door supervisors etc. for public houses, clubs and comparable venues) after paragraph (e) add--

" (f) any premises specified in a public house licence (within the meaning of the Licensing (Scotland) Act 1976) which is for the time being in force;

(g) any premises specified in an hotel licence (within the meaning of that Act) which is for the time being in force;

(h) any premises specified in an entertainment licence (within the meaning of that Act) which is for the time being in force if they comprise a dance hall;

(i) any premises comprised in a place to which an occasional licence granted under section 33(1) of that Act (occasional licence for premises other than licensed premises or clubs) to the holder of a public house licence or hotel licence extends;

(j) any premises comprised in a place to which an occasional permission granted under section 34(1) of that Act (occasional permission for sale of alcohol in the course of catering for events arising from or related to the activities of a voluntary organisation) extends;

(k) any premises comprised in a place or class of place for the time being specified by resolution under section 9(5)(b) of the Civic Government (Scotland) Act 1982 (resolution specifying place or class of place falling to be licensed if to be used as place of public entertainment);

(l) any premises comprised in a place where an activity for the time being designated under section 44(1) of that Act (additional activities for which a licence is required) is carried on provided that, in the case of an activity designated under paragraph (a) of that section, the requisite resolution under section 9 of that Act has been obtained; " ; and

(e) after paragraph 9 add--

" Taking precognitions

10 This paragraph applies to any activities which are activities of a security operative by virtue of paragraph 4A of this Schedule. "

Section 174

SCHEDULE 16 Remaining minor and consequential amendments (search warrants)

Incitement to Disaffection Act 1934 (c. 56)

1 In section 2 of the Incitement to Disaffection Act 1934 (which makes provision about search warrants), in subsection (2), for "one month" substitute "three months".

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

2 In section 2 of the Public Order Act 1936 (prohibition of quasi-military organisations), in subsection (5), for "one month" substitute "three months".

Wireless Telegraphy Act 1949 (c. 54)

3 In section 15 of the Wireless Telegraphy Act 1949 (entry and search of premises), in subsection (1), for "one month" substitute "three months".

Licensing Act 1964 (c. 26)

4 Until their repeal by the Licensing Act 2003 (c. 17), the following provisions of the Licensing Act 1964 have effect as if for "one month" there were substituted "three months"--

• section 54 (search warrants relating to clubs),

• section 85(1) (search warrants relating to parties organised for gain),

• section 187(1) (search warrants relating to sale of alcohol).

Biological Weapons Act 1974 (c. 6)

5 In section 4 of the Biological Weapons Act 1974 (powers to search etc.), in subsection (1)(a), for "one month" substitute "three months".

Copyright, Designs and Patents Act 1988 (c. 48)

6 (1) The Copyright, Designs and Patents Act 1988 is amended as follows.

(2) In section 109 (search warrants), in subsection (3)(b), for "28 days" substitute "three months".

(3) In section 200 (search warrants), in subsection (3)(b), for "28 days" substitute "three months".

(4) In section 297B (search warrants), in subsection (3)(b), for "28 days" substitute "three months".

Computer Misuse Act 1990 (c. 18)

7 In section 14 of the Computer Misuse Act 1990 (search warrants), in subsection (3)(b), for "twenty-eight days" substitute "three months".

Trade Marks Act 1994 (c. 26)

8 In section 92A of the Trade Marks Act 1994 (search warrants), in subsection (3)(b), for "28 days" substitute "three months".

Section 174

SCHEDULE 17 Repeals and revocations

Part 1 Repeals coming into force on Royal Assent

Short title and chapter	Extent of repeal
Police Reform Act 2002 (c. 30)	Section 95. In Schedule 8, the reference to section 5 of the Police (Health and Safety) Act 1997 (c. 42).

Part 2 Other repeals and revocations

Short title and chapter or title and number	Extent of repeal or revocation
Unlawful Drilling Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 1)	In section 2, the words ", or for any other person acting in their aid or assistance,".
Vagrancy Act 1824 (c. 83)	Section 6.
Railway Regulation Act 1842 (c. 55)	Section 17.
Companies Clauses Consolidation Act 1845 (c. 16)	In section 156, the words ", and all persons called by him to his assistance,".
Railways Clauses Consolidation Act 1845 (c. 20)	Sections 104 and 154.
Licensing Act 1872 (c. 94)	In section 12, the words "may be apprehended, and".
Public Stores Act 1875 (c. 25)	Section 12(1).
London County Council (General Powers) Act 1894 (c. ccxii)	In section 7, the words "and any person called to the assistance of such constable or person authorised".
London County Council (General Powers) Act 1900 (c. cclxviii)	In section 27, the words "and any person called to the assistance of such constable or officer".
Licensing Act 1902 (c. 28)	In section 1, the words "apprehended and". In section 2(1), the words "may be apprehended, and".
Protection of Animals Act 1911 (c. 27)	Section 12(1).
Official Secrets Act 1911 (c. 28)	Section 6.
Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)	Section 7(3).
Army Act 1955 (3 & 4 Eliz. 2 c. 18)	Section 83BC(2)(k).
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)	Section 83BC(2)(k).
Naval Discipline Act 1957 (c. 53)	Section 52IJ(2)(k).
Public Records Act 1958 (c. 51)	In Schedule 1, in Part 2 of the Table at the end of paragraph 3, the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service.
Street Offences Act 1959 (c. 57)	Section 1(3).
Trustee Investments Act 1961 (c. 62)	In section 11(4), in paragraph (a), the words ", the Service Authority for the National Crime Squad", and paragraph (e). In Part 2 of Schedule 1, paragraph 9(da).
Parliamentary Commissioner Act 1967 (c. 13)	In Schedule 2, the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service.
Police (Scotland) Act 1967 (c. 77)	In section 33, in subsections (3) and (4), the words "and the National Criminal Intelligence Service". Section 38A(1)(ba). In section 41(4)(a), the words "or by a member of the National Criminal Intelligence Service or of the National Crime Squad".
Criminal Justice Act 1967 (c. 80)	In section 91(1), the words "may be arrested without warrant by any person and".
Leasehold Reform Act 1967 (c. 88)	Section 28(5)(bc).
Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c. xxix)	In Article 19 of the Order set out in the Schedule, the words "and any person called to the assistance of such constable or officer".
Theft Act 1968 (c. 60)	Section 25(4).
Port of London Act 1968 (c. xxxii)	In section 2, the definition of "arrestable offence". Section 170.
Employment Agencies Act 1973 (c. 35)	In section 13(7)(f), the words ", the Service Authority for the National Criminal Intelligence Service, the Service Authority for the National Crime Squad".
House of Commons Disqualification Act 1975 (c. 24)	Section 1(1)(da). In Schedule 1, in Part 2, the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)	Section 1(1)(da). In Schedule 1, in Part 2, the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service.
Sex Discrimination Act 1975 (c. 65)	In section 17(7), in the definition of "chief officer of police", paragraph (aa), in the definition of "police authority", paragraph (aa) and, in the definition of "police fund" the words from ", in relation to" (in the second place where they occur) to "the Police Act 1997".
Police Pensions Act 1976 (c. 35)	In section 11(5), in paragraph (a) of the definition of "central service", "(ca), (cb),".
Race Relations Act 1976 (c. 74)	In section 76B, subsection (1) and, in subsection (2), the word "also". In Schedule 1A, in Part 1, paragraphs 59 and 60 and, in Part 3, the entry relating to the Director General of the National Crime Squad.
Criminal Law Act 1977 (c. 45)	Section 6(6). Section 7(6). Section 8(4). Section 9(7). In section 10(5), the words "A constable in uniform,".
Theft Act 1978 (c. 31)	Section 3(4).
Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))	In Article 47A(2), sub-paragraph (b).
Animal Health Act 1981 (c. 22)	Section 61(1). Section 62(1).
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)	In Schedule 3, paragraph 24.
Aviation Security Act 1982 (c. 36)	Section 28(3).
Stock Transfer Act 1982 (c. 41)	In Schedule 1, in paragraph 7(1), paragraph (bb) and the word "or" before it.
Police and Criminal Evidence Act 1984 (c. 60)	Section 5(1A). In section 15(2)(a)(i), the word "and" at the end. Section 25. Section 55(14A). In section 66(1)(a)(i), the word "or" at the end. Section 116. In section 118(1), the definition of "arrestable offence". In Schedule 1, in paragraph 14(a), the words "to which the application relates". Schedule 1A. In Schedule 2, the entries relating to the Military Lands Act 1892 (c. 43), the Protection of Animals Act 1911 (c. 27), the Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6), the Street Offences Act 1959 (c. 57), the Criminal Law Act 1977 (c. 45) and the Animal Health Act 1981 (c. 22). Schedule 5. In Schedule 6, paragraph 17.
Prosecution of Offences Act 1985 (c. 23)	In section 3(3), in the definition of "police force", the words ", the National Crime Squad".
Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)	In section 7(2), the words ", and may arrest such a person".
Public Order Act 1986 (c. 64)	Section 3(6). Section 4(3). Section 4A(4). Section 5(4) and (5). Section 12(7). Section 13(10). Section 14(7). Section 14B(4). Section 14C(4). Section 18(3).
Ministry of Defence Police Act 1987 (c. 4)	In section 2B(3), in the definitions of "chief officer" and "relevant force", paragraphs (c) and (d).
Criminal Justice Act 1988 (c. 33)	Section 140(1)(a) and (b). In Schedule 15, paragraphs 98 and 102.
Road Traffic Act 1988 (c. 52)	Section 4(6) to (8). In section 124(2), the definitions of "chief officer of police", "police authority" and "police force". Section 144(2)(ba). Section 163(4).
Road Traffic (Consequential Provisions) Act 1988 (c. 54)	In Schedule 3, paragraph 27(5).
Football Spectators Act 1989 (c. 37)	Section 2(4).
Aviation and Maritime Security Act 1990 (c. 31)	In section 22(4)(b), sub-paragraph (iii) and the word "or" before it. In Schedule 3, paragraph 8.
Football (Offences) Act 1991 (c. 19)	Section 5(1).
Road Traffic Act 1991 (c. 40)	In Schedule 4, paragraph 39.
Local Government Finance Act 1992 (c. 14)	In section 43(7)(b), ", (5A)".
Transport and Works Act 1992 (c. 42)	Section 30(1) and (3). Section 40.
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)	Section 241(3).
Tribunals and Inquiries Act 1992 (c. 53)	In section 7(2), after "36A", "(a) or (b)". In Schedule 1, in paragraph 36A, "(a)" and sub-paragraph (b).
Criminal Justice and Public Order Act 1994 (c. 33)	Section 61(5). Section 62B(4). Section 63(8). Section 65(5). Section 68(4). Section 69(5). Section 76(7). Section 85(1), (2) and (3). Section 155. Section 166(4). Section 167(7). In Schedule 10, paragraph 59.
Drug Trafficking Act 1994 (c. 37)	In Schedule 1, paragraph 9 and, in paragraph 25, the words "section 9(6) of" and the words after "1990".
Criminal Appeal Act 1995 (c. 35)	In section 22(2), in paragraph (a), the words ", the National Crime Squad", paragraph (b)(ii) and paragraphs (d) and (e).
Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)	In Schedule 4, paragraph 76(2).
Disability Discrimination Act 1995 (c. 50)	In the section 64A inserted by the Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), in subsection (7), in the definitions of "chief officer of police", "police authority" and "police fund", paragraph (b).
Reserve Forces Act 1996 (c. 14)	In Schedule 2, paragraph 2(1).
Police Act 1996 (c. 16)	Section 23(8). Section 24(5). In section 54(2), the words "the National Criminal Intelligence Service and the National Crime Squad". Section 55(7). Section 59(8). Section 60(2A). Section 61(1)(aa) and (ba). In section 62, subsection (1)(aa) and (ab), the subsection (1A) inserted by paragraph 82(2) of Schedule 9 to the Police Act 1997, and subsections (1B) and (1C). In section 63, subsections (1A) and (1B). In section 64, subsections (4A) and (4B). In section 88(5)(b), the words "or section 23 of the Police Act 1997". In section 89(4)(a), the words "or by a member of the National Crimina Intelligence Service or of the National Crime Squad". Section 97(1)(ca) and (cb). In section 98, in subsections (2) and (3), the words "or the Director General of the National Crime Squad" and "or the National Crime Squad", subsection (3A), in subsection (4) the words "or the National Crime Squad" and "or the Director General of the National Crime Squad", in subsection (5) the words "or the National Crime Squad" (in both places) and "or the Director General of the National Crime Squad" and subsection (6A).
Employment Rights Act 1996 (c. 18)	Section 50(2)(ca).
Offensive Weapons Act 1996 (c. 26)	Section 1(1).
Public Order (Amendment) Act 1996 (c. 59)	The whole Act.
Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6))	In Schedule 2, 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))	Article 67KA(3)(b). Article 72A(2)(b). Article 169A(2)(b).
Confiscation of Alcohol (Young Persons) Act 1997 (c. 33)	Section 1(5).
Police (Health and Safety) Act 1997 (c. 42)	In section 5(3), in the definition of "relevant authority" paragraphs (c) and (d), in the definition of "relevant fund" paragraphs (b) and (c) and, in the definition of "responsible officer", paragraph (b).
Police Act 1997 (c. 50)	Sections 1 to 87. Sections 89 and 90. In section 93(6), paragraphs (d) and (e). In section 94, in subsection (1) paragraph (c) and the word "or" before it and subsections (3) and (4)(c). In section 111, in subsection (1), paragraphs (c) and (d), in subsection (2), paragraphs (d) and (e) and, in subsection (3), paragraphs (c) and (d). Section 113. Section 115. In section 125 as it applies to Scotland, subsection (3) and, in subsection (4), the words "to which subsection (3) does not apply". In section 137(2), paragraphs (b) and (c). Schedules 1 to 2A. In Schedule 9, paragraphs 1, 4 to 6, 11, 14(b), 15, 16, 20, 26, 29(2), 30(2), 31, 44, 46 to 48, 54, 58 to 62, 69, 70, 71(2)(a), (c), (d) and (3), 73, 74, 76, 77, 79 to 84, 86(3) and (4), 87, 88 and 92.
Police (Health and Safety) (Northern Ireland) Order 1997 (S.I. 1997/1774 (N.I. 6))	In Article 7(3), in the definition of "the relevant authority", sub-paragraph (b), in the definition of "the relevant fund", sub-paragraph (a) and, in the definition of "the responsible officer", sub-paragraph (b).
Police (Northern Ireland) Act 1998 (c. 32)	Section 27(1)(b). In section 42, in subsection (1) ", (3)", and subsection (7). In Schedule 4, paragraph 22.
Crime and Disorder Act 1998 (c. 37)	In section 1C, subsections (6) to (8). Section 27(1). Section 31(2) and (3). Section 113.
Protection of Children Act 1999 (c. 14)	Section 8.
Terrorism Act 2000 (c. 11)	In Schedule 15, paragraph 5(11).
Care Standards Act 2000 (c. 14)	Section 90. 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 -- Stat		Other