Serious Organised Crime and Police Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Serious Organised Crime and Police Bill

Serious Organised Crime and Police Bill
Part 5 — Miscellaneous
108

(a)
the list kept under section 81 of the Care Standards Act 2000;
(b)
the list kept under Article 35 of the Protection of Children and
Vulnerable Adults (Northern Ireland) Order 2003;
(c)
any such other list as the Secretary of State specifies by order if
he thinks that the list corresponds to a list specified in
5
paragraph (a) or (b) and is kept in pursuance of the law of
Scotland or of a country or territory outside the United
Kingdom.
(4)
A position falls within this subsection if it is any of the following—
(a)
a care position within the meaning of Part 7 of the Care
10
Standards Act 2000;
(b)
a care position within the meaning of Part 3 of the Protection of
Children and Vulnerable Adults (Northern Ireland) Order 2003;
(c)
a position concerned with providing a care service (as defined
by section 2(1) of the Regulation of Care (Scotland) Act 2001);
15
(d)
a position of such other description as may be prescribed.
113E
Criminal record certificates: specified children’s and adults’ lists:
urgent cases
(1)
Subsection (2) applies to an application under section 113A or 113B if—
(a)
it is accompanied by a children’s suitability statement,
20
(b)
the registered person requests an urgent preliminary response,
and
(c)
the applicant pays in the prescribed manner such additional fee
as is prescribed in respect of the application.
(2)
The Secretary of State must notify the registered person either—
25
(a)
that the applicant is not included in a specified children’s list, or
(b)
that a criminal record certificate or enhanced criminal record
certificate will be issued in due course.
(3)
Subsection (4) applies to an application under section 113A or 113B if—
(a)
it is accompanied by an adults’ suitability statement,
30
(b)
the registered person requests an urgent preliminary response,
and
(c)
the applicant pays in the prescribed manner such additional fee
as is prescribed in respect of the application.
(4)
The Secretary of State must notify the registered person either—
35
(a)
that the applicant is not included in a specified adults’ list, or
(b)
that a criminal record certificate or enhanced criminal record
certificate will be issued in due course.
(5)
In this section—
“criminal record certificate” has the same meaning as in section
40
113A;
“enhanced criminal record certificate” has the same meaning as in
section 113B;
“children’s suitability statement” and “specified children’s list”
have the same meaning as in section 113C;
45
“adults’ suitability statement” and “specified adults’ list” have the
same meaning as in section 113D.

Serious Organised Crime and Police Bill
Part 5 — Miscellaneous
109

113F
Criminal record certificates: supplementary
(1)
References in sections 113C(2) and 113D(2) to considering the
applicant’s suitability to be employed, supplied to work, found work or
given work in a position falling within section 113C(5) or 113D(4)
include references to considering—
5
(a)
for the purposes of Part 10A of the Children Act 1989 (child
minding and day care in England and Wales), the applicant’s
suitability to look after or be in regular contact with children
under the age of eight;
(b)
for the purposes of that Part of that Act, in the case of an
10
applicant for or holder of a certificate under section 79W of that
Act, or a person prescribed under subsection (4) of that section,
his suitability to look after children within the meaning of that
section;
(c)
the applicant’s suitability to be registered for child minding or
15
providing day care under section 71 of the Children Act 1989 or
Article 118 of the Children (Northern Ireland) Order 1995 (child
minding and day care);
(d)
for the purposes of section 3 of the Teaching and Higher
Education Act 1998 (registration of teachers with the General
20
Teaching Council for England or the General Teaching Council
for Wales) or of section 6 of the Teaching Council (Scotland) Act
1965 (registration of teachers with the General Teaching
Council for Scotland), the applicant’s suitability to be a teacher;
(e)
the applicant’s suitability to be registered under Part 2 of the
25
Care Standards Act 2000 (establishments and agencies);
(f)
the applicant’s suitability to be registered under Part 4 of that
Act (social care workers);
(g)
the applicant’s suitability to be registered under Part 1 of the
Regulation of Care (Scotland) Act 2001 (applications by persons
30
seeking to provide a care service);
(h)
the applicant’s suitability to be registered under Part 3 of that
Act (social workers and other social service workers);
(i)
the applicant’s application to have a care service, consisting of
the provision of child minding or the day care of children,
35
registered under Part 1 of that Act (care services);
(j)
the applicant’s suitability to be registered under Part 1 of the
Health and Personal Social Services Act (Northern Ireland) 2001
(social care workers);
(k)
the applicant’s suitability to be registered under Part 3 of the
40
Health and Personal Social Services (Quality, Improvement and
Regulation (Northern Ireland) Order 2003 (regulation of
establishments and agencies).
(2)
The power to make an order under section 113C or 113D is exercisable
by statutory instrument, but no such order may be made unless a draft
45
of the order has been laid before and approved by a resolution of each
House of Parliament.
(3)
If the power mentioned in subsection (2) is exercised by the Scottish
Ministers, the reference in that subsection to each House of Parliament
must be construed as a reference to the Scottish Parliament.”
50

Serious Organised Crime and Police Bill
Part 5 — Miscellaneous
110

(3)
Schedule 14 (which makes consequential amendments to Part 5 of the Police
Act 1997 (c. 50)) has effect.
(4)
If section 115(1) of the Adoption and Children Act 2002 (c. 38) comes into force
before the preceding provisions of this section, the Secretary of State may by
order apply Part 5 of the Police Act 1997 subject to such modifications as he
5
thinks necessary or expedient for the purpose of enabling a certificate or
statement to be issued under section 113 or 115 of that Act in connection with
an application by a person under section 14A of the Children Act 1989 to be a
special guardian.
141
Criminal records checks: verification of identity
10
(1)
Section 118 of the Police Act 1997 (evidence of identity) is amended as follows.
(2)
In subsection (1) after “117” insert “or 120”.
(3)
After subsection (2) insert—
“(2A)
For the purpose of verifying evidence of identity supplied in pursuance
of subsection (1) the Secretary of State may obtain such information as
15
he thinks is appropriate from data held—
(a)
by the United Kingdom Passport Agency;
(b)
by the Driver and Vehicle Licensing Agency;
(c)
by the Secretary of State in connection with keeping records of
national insurance numbers;
20
(d)
by such other persons or for such purposes as is prescribed.”
142
Certain references to police forces
(1)
In section 119 of the Police Act 1997 (sources of information),
(a)
in subsection (3) for “the prescribed fee” substitute “such fee as he
thinks appropriate”;
25
(b)
after subsection (5) insert—
“(6)
For the purposes of this section references to a police force
include any body mentioned in subsections (11)(a) to (i) and (12)
of section 113B and references to a chief officer must be
construed accordingly.
30
(7)
In the case of such a body the reference in subsection (3) to the
appropriate police authority must be construed as a reference to
such body as is prescribed.”
(2)
In section 120A of that Act (refusal and cancellation of registration), after
subsection (5) insert—
35
“(6)
For the purposes of this section references to a police force include any
body mentioned in subsections (11)(a) to (i) and (12) of section 113B and
references to a chief officer must be construed accordingly.”
(3)
In section 124A of that Act (offences relating to disclosure of information)
(inserted by section 328 of and paragraphs 1 and 11 of Schedule 35 to the
40

Serious Organised Crime and Police Bill
Part 5 — Miscellaneous
111

Criminal Justice Act 2003 (c. 44)), after subsection (5) insert—
“(6)
For the purposes of this section the reference to a police force includes
any body mentioned in subsections (11)(a) to (i) and (12) of section 113B
and the reference to a chief officer must be construed accordingly.”
143
Further amendments to Police Act 1997 as it applies to Scotland
5
(1)
In section 120A of the Police Act 1997 (c. 50) (as inserted by section 70 of the
Criminal Justice (Scotland) Act 2003 (asp 7)), in subsection (5) for the words
from “the prescribed fee” to the end substitute “such fee as they consider
appropriate”.
(2)
In section 126 of that Act of 1997 after subsection (2) insert—
10
“(3)
In the application of this Part to Scotland references to the Secretary of
State must be construed as references to the Scottish Ministers.
(4)
Subsection (3) does not apply to section 118(2A)(c).”
144
Part 5 of the Police Act 1997: Channel Islands and Isle of Man
(1)
Her Majesty may by Order in Council extend any provision of Part 5 of the
15
Police Act 1997 (certificates of criminal records etc.), with such modifications
as appear to Her Majesty in Council to be appropriate, to any of the Channel
Islands or the Isle of Man.
(2)
An order under this section may make such consequential, incidental,
supplementary, transitory or transitional provision or savings as Her Majesty
20
in Council thinks appropriate.
Witness summonses
145
Powers of Crown Court and Magistrates’ Court to issue witness summons
(1)
In section 2(1) of the Criminal Procedure (Attendance of Witnesses) Act 1965
(c. 69) (issue of witness summons on application to Crown Court) for
25
paragraph (b) substitute—
“(b)
it is in the interests of justice to issue a summons under this
section to secure the attendance of that person to give evidence
or to produce the document or thing.”
(2)
In section 97 of the Magistrates’ Courts Act 1980 (c. 43) (summons to witness)
30
for subsection (1) substitute—
“(1)
Where a justice of the peace is satisfied that—
(a)
any person in England or Wales is likely to be able to give
material evidence, or produce any document or thing likely to
be material evidence, at the summary trial of an information or
35
hearing of a complaint by a magistrates’ court, and
(b)
it is in the interests of justice to issue a summons under this
subsection to secure the attendance of that person to give
evidence or produce the document or thing,

the justice shall issue a summons directed to that person requiring him
40
to attend before the court at the time and place appointed in the
summons to give evidence or to produce the document or thing.”

Serious Organised Crime and Police Bill
Part 5 — Miscellaneous
112

(3)
In section 97A(1) of that Act (summons as to committal proceedings) for
paragraph (b) substitute—
“(b)
it is in the interests of justice to issue a summons under this
section to secure the attendance of that person to give evidence
or to produce the document or other exhibit, and”.
5
(4)
In paragraph 4(1) of Schedule 3 to the Crime and Disorder Act 1998 (c. 37)
(power of justice to take depositions etc.) for paragraph (b) substitute—
“(b)
it is in the interests of justice to issue a summons under this
paragraph to secure the attendance of the witness to have his
evidence taken as a deposition or to produce the document or
10
other exhibit.”
(5)
In section 51A(1) of the Judicature (Northern Ireland) Act 1978 (c. 23) (issue of
witness summons on application to Crown Court) for paragraph (b)
substitute—
“(b)
it is in the interests of justice to issue a summons under this
15
section to secure the attendance of that person to give evidence
or to produce the document or thing.”
146
Powers of courts-martial etc. to issue warrants of arrest in respect of witnesses
(1)
Section 25 of the Armed Forces Act 2001 (c. 19) (powers to compel attendance
of witnesses) is amended as follows.
20
(2)
In subsection (1) (which inserts a new section 101A in the Army Act 1955
(3 & 4 Eliz. 2 c. 18)), in subsection (1) of the new section 101A, for paragraph (b)
substitute—
“(b)
that it is in the interests of justice that the person should attend
to give evidence or to produce the document or other thing,
25
and”.
(3)
In subsection (2) (which inserts a new section 101A in the Air Force Act 1955
(3 & 4 Eliz. 2 c. 19)), in subsection (1) of the new section 101A, for paragraph (b)
substitute—
“(b)
that it is in the interests of justice that the person should attend
30
to give evidence or to produce the document or other thing,
and”.
(4)
In subsection (3) (which inserts a new section 65A in the Naval Discipline Act
1957), in subsection (1) of the new section 65A, for paragraph (b) substitute—
“(b)
that it is in the interests of justice that the person should attend
35
to give evidence or to produce the document or other thing,
and”.
Private Security Industry Act 2001: Scotland
147
Private Security Industry Act 2001: Scottish extent
Schedule 15 amends the Private Security Industry Act 2001 (c. 12) in relation to
40
its extent to Scotland.

Serious Organised Crime and Police Bill
Part 6 — Final provisions
113

Part 6
Final provisions
148
Orders and regulations
(1)
Any power of the Secretary of State to make an order or regulations under this
Act, and any power of the Scottish Ministers to make an order under this Act,
5
is exercisable by statutory instrument.
(2)
Any such power—
(a)
may be exercised so as to make different provision for different cases or
descriptions of case or different purposes or areas, and
(b)
includes power to make such incidental, supplementary,
10
consequential, transitory, transitional or saving provision as the
Secretary of State considers appropriate (or, in the case of an order
made by the Scottish Ministers, as they consider appropriate).
(3)
Subject to subsections (4) and (5), orders or regulations made by the Secretary
of State under this Act are to be subject to annulment in pursuance of a
15
resolution of either House of Parliament.
(4)
Subsection (3) does not apply to any order under section 138(4) or 154.
(5)
Subsection (3) also does not apply to—
(a)
any order under section 32(2)(f);
(b)
any order under section 55(2);
20
(c)
any order under section 69(4);
(d)
any order under section 74(6);
(e)
any order under section 79(6);
(f)
any order under section 81(6);
(g)
any order under section 88(1);
25
(h)
any order under section 89(1);
(i)
any order under section 149 which amends or repeals any provision of
an Act;

and no such order may be made by the Secretary of State (whether alone or
with other provisions) unless a draft of the statutory instrument containing the
30
order has been laid before, and approved by a resolution of, each House of
Parliament.
(6)
Subject to subsections (7) and (8), orders made by the Scottish Ministers under
this Act are to be subject to annulment in pursuance of a resolution of the
Scottish Parliament.
35
(7)
Subsection (6) does not apply to any order under section 154.
(8)
Subsection (6) also does not apply to—
(a)
any order under section 55(3);
(b)
any order under section 70(4);
(c)
any order under section 79(7);
40
(d)
any order under section 81(7);
(e)
any order under section 88(1);
(f)
any order under section 149 which amends or repeals any provision of
an Act;

Serious Organised Crime and Police Bill
Part 6 — Final provisions
114


and no such order may be made by the Scottish Ministers (whether alone or
with other provisions) unless a draft of the statutory instrument containing the
order has been laid before, and approved by a resolution of, the Scottish
Parliament.
149
Supplementary, incidental, consequential etc. provision
5
(1)
The Secretary of State may by order make—
(a)
such supplementary, incidental or consequential provision, or
(b)
such transitory, transitional or saving provision,

as he considers appropriate for the general purposes, or any particular
purpose, of this Act, or in consequence of, or for giving full effect to, any
10
provision made by this Act.
(2)
An order under subsection (1) may amend, repeal, revoke or otherwise modify
any enactment (including this Act).
(3)
The power to make an order under subsection (1) includes power to repeal or
revoke an enactment which is spent.
15
(4)
Before exercising the power conferred by subsection (1) in relation to an
enactment which extends to Scotland, the Secretary of State must consult the
Scottish Ministers.
(5)
The power conferred by subsection (1) is exercisable by the Scottish Ministers
(rather than by the Secretary of State) where the provision to be made is within
20
the legislative competence of the Scottish Parliament.
(6)
Nothing in this Act affects the generality of the power conferred by this section.
150
Repeals and revocations
Schedule 16 makes provision for the repeal and revocation of enactments
(including enactments which are spent).
25
151
Penalties for offences: transitional modification for England and Wales
(1)
This section contains transitional modifications in respect of penalties for
certain offences committed in England or Wales.
(2)
In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003 (c. 44) (general limit on magistrates’ court’s
30
power to impose imprisonment), the references in the following sections to
periods of imprisonment of 12 months are to be read as references to periods
of imprisonment of 6 months—
section 61(5)(b);
section 78(2)(b);
35
section 80(3)(b).
(3)
In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003 (alteration of penalties for summary offences),
the references in the following provisions of this Act to periods of
imprisonment of 51 weeks are to be read as references to the periods of
40
imprisonment specified in respect of those sections as follows—