Serious Organised Crime and Police Bill

House of Commons

Session 2004 - 05
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Serious Organised Crime and Police Bill

Serious Organised Crime and Police Bill
Schedule 3 — Transfers to SOCA
129

(a)
for relevant service within section 38A(1)(ba) of the 1967 Act to have
effect from a time specified in the scheme as relevant service within
section 38A(1)(bc) of that Act,
(b)
for relevant service within section 97(1)(ca) or (cb) of the 1996 Act to
have effect from a time specified in the scheme as relevant service
5
within section 97(1)(cf) of that Act,
(c)
for relevant service within section 27(1)(b) of the 1998 Act to have
effect from a time specified in the scheme as relevant service within
section 27(1)(cb) of that Act.
4     (1)
A transfer scheme may provide—
10
(a)
for the secondment by virtue of which a person holds a relevant
appointment to have effect as a secondment to SOCA, and
(b)
for him to serve as a member of the staff of SOCA.
      (2)
The scheme may make provision as to the terms and conditions which are
to have effect as the terms and conditions of his secondment to SOCA.
15
5     (1)
A transfer scheme may provide—
(a)
for the transfer to SOCA of the rights, powers, duties and liabilities
of the employer under or in connection with the contract of
employment of a person who becomes a member of the staff of
SOCA by virtue of the scheme,
20
(b)
for anything done before that transfer by or in relation to the
employer in respect of such a contract or the employee to be treated
as having been done by or in relation to SOCA.
      (2)
Sub-paragraph (1) applies with the necessary modifications in relation to a
person who before becoming a member of the staff of SOCA—
25
(a)
did not have a contract of employment, or
(b)
held a relevant appointment by virtue of a secondment.
      (3)
A transfer scheme may make provision for periods before a person became
an employee of SOCA to count as periods of employment with SOCA (and
for the operation of the scheme not to be treated as having interrupted the
30
continuity of that employment).
6     (1)
A transfer scheme may provide for a person who—
(a)
holds a relevant appointment or is an officer of Revenue and
Customs or an immigration officer, and
(b)
would otherwise become a member of the staff of SOCA by the
35
operation of the scheme,

not to become a member of the staff of SOCA if he gives notice objecting to
the operation of the scheme in relation to him.
      (2)
A transfer scheme may provide for any person who would be treated
(whether by an enactment or otherwise) as being dismissed by the operation
40
of the scheme not to be so treated.
7     (1)
A transfer scheme may provide for the termination of a relevant
appointment.
      (2)
The Secretary of State may make a payment of such amount (if any) as he may
determine to the person who held the appointment.
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Serious Organised Crime and Police Bill
Schedule 3 — Transfers to SOCA
130

Property, rights and liabilities etc.
8     (1)
A transfer scheme may provide for the transfer to SOCA of property, rights
and liabilities of any of the following—
(a)
NCIS, its Service Authority and Director General,
(b)
NCS, its Service Authority and Director General,
5
(c)
the Commissioners, and
(d)
the Secretary of State.
      (2)
The scheme may—
(a)
create rights, or impose liabilities, in relation to property, rights and
liabilities transferred by virtue of the scheme, and
10
(b)
apportion property, rights and liabilities between the
Commissioners, or the Secretary of State, and SOCA.
      (3)
The scheme may provide for things done by or in relation to persons to
whom sub-paragraph (4) applies to be—
(a)
treated as done by or in relation to SOCA or members of the staff of
15
SOCA,
(b)
continued by or in relation to SOCA or members of the staff of
SOCA.
      (4)
This sub-paragraph applies to—
(a)
NCIS, its members and Service Authority,
20
(b)
NCS, its members and Service Authority,
(c)
the Commissioners and officers of Revenue and Customs, and
(d)
the Secretary of State and immigration officers.
      (5)
The scheme may in particular make provision about the continuation of
legal proceedings.
25
9
A transfer scheme may provide for SOCA to make any payment which—
(a)
before a day specified in the scheme could have been made out of
the NCIS service fund or the NCS service fund, but
(b)
is not a liability which can be transferred by virtue of paragraph 8.
Supplementary
30
10    (1)
A transfer scheme may contain—
(a)
further provision in connection with any of the matters to which
paragraphs 2 to 9 relate,
(b)
the provision mentioned in sub-paragraph (3).
      (2)
The provision which may be made under sub-paragraph (1)(a) includes
35
provision as to the consequences of the termination of a person’s
appointment or employment by or by virtue of the scheme.
      (3)
The provision mentioned in this sub-paragraph is provision—
(a)
for the Secretary of State, or any other person nominated by or in
accordance with the scheme, to determine any matter requiring
40
determination under or in consequence of the scheme, and
(b)
as to the payment of fees charged, or expenses incurred, by any
person nominated to determine any matter by virtue of paragraph
(a).

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
131

11
The Secretary of State must consult the Commissioners before making a
transfer scheme which contains any provision relating to—
(a)
officers of Revenue and Customs, or
(b)
property, rights or liabilities of the Commissioners.
Power to make regulations
5
12
The Secretary of State may by regulations make—
(a)
provision as to the consequences of the termination of a person’s
employment by a transfer scheme (including provision removing
any entitlement to compensation which might otherwise arise in
such circumstances);
10
(b)
transitory, transitional or saving provision in connection with any
provision which is (or in the future may be) included in a transfer
scheme by virtue of paragraph 3.
Schedule 4
Section 53

Minor and consequential amendments relating to SOCA
15
Explosives Act 1875 (c. 17)
1     (1)
Section 75 of the Explosives Act 1875 is amended as follows.
      (2)
In subsection (1)—
(a)
after “chief officer of police,” insert “the Director General of the
Serious Organised Crime Agency,”, and
20
(b)
after “any officer of police,” insert “designated person,”.
      (3)
For subsection (2) substitute—
“(2)
In subsection (1) “designated person” means a member of the staff
of the Serious Organised Crime Agency who is for the time being
designated under section 38 of the Serious Organised Crime and
25
Police Act 2005 as a person having the powers of a constable (but this
is subject to any limitation specified in such a person’s designation
under that section).”
Police (Property) Act 1897 (c. 30)
2     (1)
Section 2A of the Police (Property) Act 1897 (application to NCS) is
30
amended as follows.
      (2)
For “National Crime Squad” (in each place) substitute “Serious Organised
Crime Agency”.
      (3)
In subsection (2)—
(a)
in paragraph (a) for “member of that Squad” substitute “member of
35
the staff of that Agency”, and
(b)
in paragraph (b) for “Squad” substitute “Agency”.
      (4)
In subsection (3)—
(a)
in paragraph (a) for “the Service Authority for that Squad”
substitute “that Agency”, and
40

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
132

(b)
in paragraph (b) for “Squad” substitute “Agency”.
      (5)
In the heading for “NCS” substitute “SOCA”.
Army Act 1955 (3 & 4 Eliz. 2 c. 18)
3
In section 83BC(2) of the Army Act 1955 (police forces which may be
advised by prosecuting authority) omit paragraph (k).
5
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
4
In section 83BC(2) of the Air Force Act 1955 (police forces which may be
advised by prosecuting authority) omit paragraph (k).
Naval Discipline Act 1957 (c. 53)
5
In section 52IJ(2) of the Naval Discipline Act 1957 (police forces which may
10
be advised by prosecuting authority) omit paragraph (k).
Public Records Act 1958 (c. 51)
6
In Schedule 1 to the Public Records Act 1958 (definition of public records)
in Part 2 of the Table at the end of paragraph 3—
(a)
at the appropriate place insert—
15
“Serious Organised Crime Agency.”; and
(b)
omit the entries relating to the Service Authorities for the National
Crime Squad and the National Criminal Intelligence Service.
Trustee Investments Act 1961 (c. 62)
7
The Trustee Investments Act 1961 has effect subject to the following
20
amendments.
8
In section 11(4) (local authority investment schemes)—
(a)
in paragraph (a) omit “, the Service Authority for the National
Crime Squad”, and
(b)
omit paragraph (e).
25
9
In Part 2 of Schedule 1 (narrower-range investments requiring advice) omit
paragraph 9(da).
Offices, Shops and Railway Premises Act 1963 (c. 41)
10
In section 90(4) of the Offices, Shops and Railway Premises Act 1963
(persons taken to be employed for the purposes of the Act)—
30
(a)
at the end of paragraph (c) insert “or”; and
(b)
for paragraph (d) substitute—
“(d)
a member of a police force seconded to the Serious
Organised Crime Agency to serve as a member of its
staff.”
35
Parliamentary Commissioner Act 1967 (c. 13)
11
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments
etc. subject to investigation) omit the entries relating to the Service

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
133

Authorities for the National Crime Squad and the National Criminal
Intelligence Service.
Police (Scotland) Act 1967 (c. 77)
12
The Police (Scotland) Act 1967 has effect subject to the following
amendments.
5
13
In section 33 (inspectors of constabulary), in subsections (3) and (4), omit
“and the National Criminal Intelligence Service”.
14    (1)
Section 38A (constables engaged on service outside their force) is amended
as follows.
      (2)
In subsection (1)—
10
(a)
omit paragraph (ba), and
(b)
after paragraph (bb) insert—
“(bc)
relevant service as a member of the staff of the
Serious Organised Crime Agency on which a person
is engaged with the consent of the appropriate
15
authority,”.
      (3)
In subsection (6)(a) for “(ba) or (bb), (e) or (f)” substitute “(bb), (bc), (e) or
(f)”.
15
In section 39(4) (liability for wrongful acts of constables) for “section 23 of
the Police Act 1997” substitute “section 24 or 25 of the Serious Organised
20
Crime and Police Act 2005”.
16
In section 41(4)(a) (assaults on constables) omit “or by a member of the
National Criminal Intelligence Service or of the National Crime Squad”.
Leasehold Reform Act 1967 (c. 88)
17
In section 28(5) of the Leasehold Reform Act 1967 (bodies retaining or
25
resuming land required for public services) omit paragraph (bc).
Firearms Act 1968 (c. 27)
18
In section 54(3)(c) of the Firearms Act 1968 (application of Parts 1 and 2 to
crown servants) for “National Criminal Intelligence Service or the National
Crime Squad” substitute “staff of the Serious Organised Crime Agency”.
30
Employment Agencies Act 1973 (c. 35)
19
In section 13(7) of the Employment Agencies Act 1973 (interpretation), in
paragraph (f), omit “, the Service Authority for the National Criminal
Intelligence Service, the Service Authority for the National Crime Squad”.
Health and Safety at Work etc. Act 1974 (c. 37)
35
20
In section 51A(2) of the Health and Safety at Work etc. Act 1974 (application
of Part 1 of the Act to the police) for paragraph (b) substitute—
“(b)
in relation to a member of a police force seconded to the
Serious Organised Crime Agency to serve as a member of its
staff, means that Agency, and”.
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Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
134

District Courts (Scotland) Act 1975 (c. 20)
21
In section 12(1) of the District Courts (Scotland) Act 1975 (restriction of
functions of justices who are councillors etc.) after “authority” insert “or a
member of staff of the Serious Organised Crime Agency”.
House of Commons Disqualification Act 1975 (c. 24)
5
22
The House of Commons Disqualification Act 1975 has effect subject to the
following amendments.
23
In section 1(1) (disqualification for membership of House of Commons)
omit paragraph (da).
24    (1)
Schedule 1 (disqualifying offices) is amended as follows.
10
      (2)
In Part 2—
(a)
at the appropriate place insert—
“The Serious Organised Crime Agency.”; and
(b)
omit the entries relating to the Service Authorities for the National
Crime Squad and the National Criminal Intelligence Service.
15
      (3)
In Part 3 at the appropriate place insert—
“Member of the staff of the Serious Organised Crime
Agency.”
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
25
The Northern Ireland Assembly Disqualification Act 1975 has effect subject
20
to the following amendments.
26
In section 1(1) (disqualification for membership of Assembly) omit
paragraph (da).
27    (1)
Schedule 1 (disqualifying offices) is amended as follows.
      (2)
In Part 2—
25
(a)
at the appropriate place insert—
“The Serious Organised Crime Agency.”; and
(b)
omit the entries relating to the Service Authorities for the National
Crime Squad and the National Criminal Intelligence Service.
      (3)
In Part 3 at the appropriate place insert—
30
“Member of the staff of the Serious Organised Crime
Agency.”
Sex Discrimination Act 1975 (c. 65)
28    (1)
Section 17 of the Sex Discrimination Act 1975 (police) is amended as
follows.
35
      (2)
After subsection (6) insert—
“(6A)
For the purposes of this Part, the holding of the office of constable
by a person seconded to the Serious Organised Crime Agency shall
be treated as employment by the Agency as respects any act done by
it in relation to a constable or that office.”
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Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
135

      (3)
In subsection (7)—
(a)
in the definition of “chief officer of police”, omit paragraph (aa);
(b)
in the definition of “police authority”, omit paragraph (aa); and
(c)
in the definition of “police fund”, omit the words from “, in relation
to” (in the second place where they occur) to “the Police Act 1997”.
5
Police Pensions Act 1976 (c. 35)
29
The Police Pensions Act 1976 has effect subject to the following
amendments.
30
In section 7(2) (payment of pensions and contributions), at the beginning of
each of paragraphs (ca) to (cd), insert “an employee of SOCA and who
10
immediately before he became an employee of SOCA was serving as”.
31    (1)
Section 11 (interpretation) is amended as follows.
      (2)
In subsection (1), at the beginning of each of paragraphs (ba), (bb), (bc) and
(bd), after “service” insert “as an employee of SOCA by a person who
immediately before he became an employee of SOCA was serving”.
15
      (3)
In subsection (2) for paragraphs (c) and (d) substitute—
“(c)
in relation to any such service as is mentioned in paragraph
(ba), (bb), (bc) or (bd) of subsection (1) or any service of the
kind described in section 97(1)(cf) of the Police Act 1997 or
section 38A(1)(bc) of the Police (Scotland) Act 1967, it means
20
SOCA;”.
      (4)
In subsection (5), in the definition of “central service”—
(a)
in paragraph (a) omit “(ca), (cb),” and after “(cc)” insert “, (cf)”, and
(b)
in paragraph (b) for “(ba) or (bb)” substitute “(bb) or (bc)”.
      (5)
After the definition of “pension rights” in that subsection add—
25
“SOCA” means the Serious Organised Crime Agency.”
32
Paragraphs 30 and 31 (and the corresponding entry in Schedule 16) do not
affect the operation of the Police Pensions Act 1976 in relation to any
person’s service of any of the following kinds—
(a)
service as the Director General of the National Criminal Intelligence
30
Service;
(b)
service as the Director General of the National Crime Squad;
(c)
service as a police member of the National Criminal Intelligence
Service appointed under subsection (1)(b) of section 9 of the Police
Act 1997 (c. 50) by virtue of subsection (2)(a) of that section;
35
(d)
service as a police member of the National Crime Squad appointed
under subsection (1)(b) of section 55 of the Police Act 1997 by virtue
of subsection (2)(a) of that section;
(e)
relevant service within paragraph (ca) or (cb) of section 97(1) of the
Police Act 1996 (c. 16);
40
(f)
relevant service within section 38A(1)(ba) of the Police (Scotland)
Act 1967 (c. 77).