|
| |
|
(c) | provide for anything done by a transferor which gives rise to |
| |
criminal liability to be treated as done by the NCA or the Secretary of |
| |
State and, in such a case, provide that Crown immunity does not |
| |
affect the criminal liability of the NCA or Secretary of State; |
| |
(d) | apportion property, rights and liabilities; |
| 5 |
(e) | make provision about the continuation of legal proceedings. |
| |
(3) | The things that may be transferred by a property transfer scheme include— |
| |
(a) | property, rights and liabilities that could not otherwise be |
| |
| |
(b) | property acquired, and rights and liabilities arising, after the making |
| 10 |
| |
4 (1) | A staff transfer scheme or a property transfer scheme may make— |
| |
(a) | provision for any reference to a transferor in any document or other |
| |
instrument, contract or legal proceedings to have effect as, or as |
| |
including, a reference to the NCA or the Secretary of State; |
| 15 |
(b) | supplementary, incidental, transitional and consequential provision. |
| |
(2) | A staff transfer scheme may make provision which is the same or similar as |
| |
provision made by the TUPE regulations (if those regulations do not apply |
| |
| |
| 20 |
“civilian staff”, in relation to an England and Wales police force, means |
| |
a person employed by the policing body for that force; |
| |
“designated”, in relation to a staff transfer scheme or a property transfer |
| |
scheme, means specified in, or determined in accordance with, the |
| |
| 25 |
“designated transferee” means a person in respect of whom a staff |
| |
transfer scheme makes provision of the kind referred to in paragraph |
| |
| |
“Home Office” means the department of the Secretary of State having |
| |
responsibility for policing; |
| 30 |
“instrument” includes a designation, authorisation, warrant, or order |
| |
| |
“transferor”, in relation to a staff transfer scheme or a property transfer |
| |
scheme, means any of the following to which the scheme relates— |
| |
| 35 |
| |
(c) | the chief officer of, or the policing body, for an England and |
| |
| |
| |
“TUPE regulations” means the Transfer of Undertakings (Protection of |
| 40 |
Employment) Regulations 2006. |
| |
Continuity in relation to functions |
| |
6 (1) | The abolition of SOCA or the NPIA does not affect the validity of anything |
| |
done before the abolition. |
| |
(2) | The transfer of a function does not affect the validity of anything done before |
| 45 |
| |
|
| |
|
| |
|
(3) | Sub-paragraphs (4) to (6) apply in relation to the transfer of a function. |
| |
| |
(a) | relates to the transferred function, and |
| |
(b) | is in the process of being made or done by or in relation to the |
| |
transferor immediately before the transfer takes effect, |
| 5 |
| it may be continued afterwards by or in relation to the transferee. |
| |
| |
(a) | relates to the transferred function, |
| |
(b) | has been made or done by or in relation to the transferor, and |
| |
(c) | is in effect immediately before the transfer takes effect, |
| 10 |
| it has effect afterwards as if made or done by or in relation to the transferee. |
| |
(6) | The transferee is to be substituted for the transferor in any documents and |
| |
other instruments, contracts or legal proceedings which— |
| |
(a) | relate to the transferred function, and |
| |
(b) | are made or commenced before the transfer takes effect. |
| 15 |
(7) | The Secretary of State may, by direction, determine any question under this |
| |
| |
(a) | whether there has been a transfer of a particular function, or |
| |
(b) | the person to whom there has been a transfer of a particular function. |
| |
(8) | The preceding provisions of this paragraph are without prejudice to the |
| 20 |
powers under section 41 (transitional, transitory or saving provision). |
| |
(9) | The following provisions of this paragraph apply for the purposes of this |
| |
| |
| |
(a) | the abolition of SOCA includes a reference to the ending of a |
| 25 |
person’s membership of SOCA or membership of the staff of SOCA; |
| |
(b) | the abolition of the NPIA includes a reference to the ending of a |
| |
person’s membership of the NPIA or membership of the staff of the |
| |
| |
(11) | A reference to the transfer of a function is a reference to— |
| 30 |
(a) | the transfer of a SOCA function by or under this Act, |
| |
(b) | the transfer of an NPIA function by or under this Act, and |
| |
(c) | the assumption of a third party function by the NCA. |
| |
| |
(a) | the reference to the transfer of a SOCA function or NPIA function by |
| 35 |
or under this Act includes a reference to a case where— |
| |
(i) | a SOCA function or NPIA function is abolished, and |
| |
(ii) | a corresponding function is conferred on another person, |
| |
| |
(b) | the reference to the assumption of a third party function by the NCA |
| 40 |
is a reference to the case where— |
| |
(i) | a function (other than a SOCA function or an NPIA function) |
| |
is exercisable before the changeover by a person (the “third |
| |
| |
|
| |
|
| |
|
(ii) | a corresponding function is included in the NCA functions, |
| |
| |
(iii) | a person employed by, or otherwise serving, the third party |
| |
wholly or partly for the purpose of the exercise of the |
| |
function becomes an NCA officer under a staff transfer |
| 5 |
| |
| and references to the transferred function, the transferor and the transferee |
| |
are to be read accordingly. |
| |
(13) | A reference to a thing being, or having been, made or done includes— |
| |
| 10 |
(i) | a document or other instrument being, or having been, made |
| |
| |
(ii) | a contract being, or having been, agreed, and |
| |
(iii) | legal proceedings being, or having been, brought; and |
| |
(b) | a reference to a thing being, or having been, made or done under— |
| 15 |
(i) | a document or other instrument, |
| |
| |
| |
(14) | A reference to a thing which relates to a transferred function includes a |
| |
reference to a thing made or done for the purposes of, or otherwise in |
| 20 |
connection with, a transferred function. |
| |
(15) | These expressions have the meanings given— |
| |
“instrument” includes a designation, authorisation, warrant, or order |
| |
| |
“NPIA functions” means functions of— |
| 25 |
| |
(b) | a member of the NPIA, or |
| |
(c) | a member of the staff of the NPIA; |
| |
“SOCA functions” means functions of— |
| |
| 30 |
| |
(c) | a member of the staff of SOCA. |
| |
Continuity in relation to subordinate legislation |
| |
7 (1) | After the changeover, the subordinate legislation specified in an entry in the |
| |
first column of the following table— |
| 35 |
(a) | continues to have effect (subject to any subsequent amendment or |
| |
revocation) as if made under the powers conferred by the provision |
| |
of this Act specified in the corresponding entry in the second |
| |
| |
(b) | may be amended or revoked by (in particular) the exercise of the |
| 40 |
powers conferred by that provision. |
| |
|
| |
|
| |
|
| The International Joint Investigation Teams (International Agreement) |
| | | | Order 2009 (S.I. 2009/3269) |
| | | | | The reference to sections 30(5)(c) and 57(6)(c) of the |
| | | | | Serious Organised Crime and Police Act 2005 has |
| | | | | effect as a reference to paragraph 5(1)(c) of Schedule |
| | 5 | | | | | |
|
| The Serious Organised Crime and Police Act 2005 (Disclosure of |
| | | | Information by SOCA) Order 2010 (S.I. 2010/1955) |
| | | | | The reference to section 33 of the Serious Organised |
| | | | | Crime and Police Act 2005 has effect as a reference |
| | 10 | | | to the definition of “permitted purpose” in section |
| | | | | | | |
|
(3) | The modifications applicable to any subordinate legislation by virtue of sub- |
| |
paragraph (2) are in addition to any other modifications applicable to that |
| |
subordinate legislation (whether by virtue of Part 4 of Schedule 8 or |
| 15 |
| |
(4) | The preceding provisions of this paragraph are without prejudice to sections |
| |
40 (consequential amendments) and 41 (transitional, transitory or saving |
| |
| |
| 20 |
8 (1) | The Secretary of State may pay such amount (if any) as the Secretary of State |
| |
thinks appropriate to a person who ceases to be a SOCA board member at |
| |
| |
(2) | In this paragraph “SOCA board member” means a person who is a member |
| |
of SOCA by virtue of paragraph 1(1)(a) or (c) of Schedule 1 to the Serious |
| 25 |
Organised Crime and Police Act 2005 (the chairman and ordinary members). |
| |
SOCA annual reports and accounts |
| |
9 (1) | The repeal of sections 7 and 20 of the Serious Organised Crime and Police |
| |
Act 2005 (annual reports and accounts) by this Act does not affect the |
| |
application of those sections, after the changeover, in relation to times before |
| 30 |
| |
(2) | Sections 7 and 20 of the 2005 Act apply in relation to the final period as they |
| |
apply to any financial year of SOCA (and, accordingly, references in those |
| |
sections to a financial year of SOCA include references to the final period). |
| |
(3) | After the changeover, the duties imposed on SOCA by sections 7 and 20 of |
| 35 |
the 2005 Act are to be discharged by the Director General of the National |
| |
| |
(4) | In this paragraph “final period” means the period which— |
| |
(a) | begins with the last 1 April to fall before the changeover, and |
| |
(b) | ends with the changeover. |
| 40 |
|
| |
|
| |
|
Saving of accrued pension rights etc |
| |
10 (1) | The amendments of the Superannuation Act 1972 made by Part 2 of this |
| |
Schedule do not affect the operation of that Act in relation to employment of |
| |
any of the following kinds by any person— |
| |
| 5 |
(b) | employment as a member of the staff of the NPIA. |
| |
(2) | The amendments of the Police Pensions Act 1976 made by Part 2 of this |
| |
Schedule do not affect the operation of that Act in relation to service of any |
| |
of the following kinds by any person— |
| |
(a) | service as an employee of SOCA; |
| 10 |
(b) | relevant service within paragraph (ca) or (cb) of section 97(1) of the |
| |
| |
(c) | relevant service within section 38A(1)(ba) of the Police (Scotland) Act |
| |
| |
(d) | service as a member of the staff of NPIA. |
| 15 |
| |
11 (1) | The power conferred by section 41 may, in particular, be exercised to make |
| |
provision to secure that the NCA provisions have full effect despite the |
| |
coming into force of particular NCA provisions before the coming into force |
| |
of particular Scottish police reform provisions. |
| 20 |
(2) | Such provision may, in particular, modify a reference in any of the NCA |
| |
provisions to any person, body or other thing created by the Scottish police |
| |
| |
(3) | That includes the modification of a reference— |
| |
(a) | to the Police Service of Scotland, in particular by providing for it to |
| 25 |
have effect as, or as including, a reference to one or more of the |
| |
| |
(i) | an existing Scottish police force; |
| |
(ii) | the Scottish Crime and Drugs Enforcement Agency; |
| |
(b) | to the chief constable of the Police Service of Scotland, in particular |
| 30 |
by providing for it to have effect as, or as including, a reference to |
| |
one or more of the following— |
| |
(i) | the chief constable of an existing Scottish police force; |
| |
(ii) | the Scottish Crime and Drugs Enforcement Agency; |
| |
(iii) | the Director General of that Agency; |
| 35 |
(c) | to the Scottish Police Authority, in particular by providing for it to |
| |
have effect as, or as including, a reference to one or more of the |
| |
| |
(i) | an existing Scottish police authority; |
| |
(ii) | the Scottish Crime and Drugs Enforcement Agency; |
| 40 |
(iii) | the Director General of that Agency; |
| |
(iv) | the Scottish Police Services Authority; |
| |
(d) | to constables in the Police Service of Scotland, in particular by |
| |
providing for it to have effect as, or as including, a reference to one |
| |
or more of the following— |
| 45 |
(i) | constables in existing Scottish police forces; |
| |
|
| |
|
| |
|
(ii) | police members of the Scottish Crime and Drugs |
| |
| |
(iii) | support staff members of the Scottish Crime and Drugs |
| |
| |
| 5 |
“existing Scottish police authority” means a body which is a police |
| |
authority by virtue of section 2 of the Police (Scotland) Act 1967 or a |
| |
joint police board constituted in accordance with an amalgamation |
| |
scheme made under that Act; |
| |
“existing Scottish police force” means a police force maintained under, |
| 10 |
or by virtue of, section 1 of the Police (Scotland) Act 1967; |
| |
“NCA provisions” means the provisions of this Part of this Act |
| |
(including any amendments of other enactments made by this Part |
| |
| |
“Scottish police reform provisions” means the provisions of Part 1 of |
| 15 |
the Police and Fire Reform (Scotland) Act 2012. |
| |
Director of Revenue and Customs Prosecutions |
| |
12 (1) | This paragraph applies if, before the changeover, there has been no merger |
| |
| |
(a) | the Director of Public Prosecutions, and |
| 20 |
(b) | the Director of Revenue and Customs Prosecutions. |
| |
(2) | In relation to the DRCP transitional period, the reference to the Director of |
| |
Public Prosecutions in paragraph (i)(i) of the definition of permitted purpose |
| |
in section 15(1) has effect as if it included a reference to the Director of |
| |
Revenue and Customs Prosecutions. |
| 25 |
| |
(a) | a reference to a merger of offices is a reference to a Minister merging |
| |
the offices by order under section 2 of the Public Bodies Act 2011; |
| |
(b) | “DRCP transitional period” means the period which— |
| |
(i) | begins with the changeover, and |
| 30 |
(ii) | ends when there is a merger of the offices of the Director of |
| |
Public Prosecutions and the Director of Revenue and |
| |
| |
| |
13 | In this Part of this Schedule— |
| 35 |
“changeover” means the time when section 1 comes into force; |
| |
“NPIA” means the National Policing Improvement Agency; |
| |
“SOCA” means the Serious Organised Crime Agency. |
| |
| |
Minor and consequential amendments and repeals |
| 40 |
Explosives Act 1875 (c. 17) |
| |
14 (1) | Section 75 of the Explosives Act 1875 is amended in accordance with this |
| |
| |
|
| |
|