|
| |
|
Race Relations Act 1976 (c. 74) |
| |
33 | The Race Relations Act 1976 has effect subject to the following |
| |
| |
34 (1) | Section 76B (other police bodies) is amended as follows. |
| |
| 5 |
(3) | In subsection (2) omit the word “also”. |
| |
(4) | After subsection (2) insert— |
| |
“(2A) | Constables serving with the Serious Organised Crime Agency do |
| |
not constitute a body of constables for the purposes of subsection |
| |
| 10 |
35 | After section 76B insert— |
| |
“76C | Serious Organised Crime Agency |
| |
For the purposes of Part 2, 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 |
| 15 |
in relation to a constable or that office.” |
| |
36 | In Schedule 1A (bodies and other persons subject to general statutory |
| |
| |
(a) | in Part 1 omit paragraphs 59 and 60, |
| |
(b) | in Part 2 at the appropriate place under the heading “Other Bodies, |
| 20 |
| |
“The Serious Organised Crime Agency.”; and |
| |
(c) | in Part 3 omit the entry relating to the Director General of the |
| |
| |
Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15)) |
| 25 |
37 | The Sex Discrimination (Northern Ireland) Order 1976 has effect subject to |
| |
the following amendments. |
| |
38 | In Article 84(8) (police officers) for “section 23 of the Police Act 1997” |
| |
substitute “section 24 or 25 of the Serious Organised Crime and Police Act |
| |
| 30 |
39 (1) | Article 85 (other police bodies) is amended as follows. |
| |
(2) | After paragraph (5) insert— |
| |
“(5A) | For the purposes of Part II, 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 |
| 35 |
in relation to a constable or that office.” |
| |
(3) | For paragraph (6) substitute— |
| |
“(6) | In this Article in relation to any body of constables— |
| |
(a) | “chief officer of police” means the person who has the |
| |
direction and control of the body; |
| 40 |
|
| |
|
| |
|
(b) | “police authority” means the authority by which the |
| |
members of the body are paid; and |
| |
(c) | “police fund” means money provided by that |
| |
| |
Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9)) |
| 5 |
40 | In Article 47A(2) of the Health and Safety at Work (Northern Ireland) Order |
| |
1978 (application of Part II of the Order to the police) omit sub-paragraph |
| |
| |
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55) |
| |
41 | In Part 1 of Schedule 1 to the Law Reform (Miscellaneous Provisions) |
| 10 |
(Scotland) Act 1980 (persons ineligible for jury service) in Group B, after |
| |
| |
“(nc) | members of staff of the Serious Organised Crime |
| |
| |
Stock Transfer Act 1982 (c. 41) |
| 15 |
42 | In Schedule 1 to the Stock Transfer Act 1982 (securities specified for the |
| |
purposes of the Act) in paragraph 7(1)— |
| |
(a) | at the end of paragraph (b) insert “or”; and |
| |
(b) | omit paragraph (bb) and the word “or” before it. |
| |
Police and Criminal Evidence Act 1984 (c. 60) |
| 20 |
43 | The Police and Criminal Evidence Act 1984 has effect subject to the |
| |
| |
44 | In section 5 (reports of recorded searches and road checks) omit subsection |
| |
| |
45 | In section 55 (intimate searches) omit subsection (14A). |
| 25 |
46 | In section 63A(1A) (supplementary provision about fingerprints and |
| |
samples) for paragraphs (b) and (c) substitute— |
| |
“(b) | the Serious Organised Crime Agency;”. |
| |
Prosecution of Offences Act 1985 (c. 23) |
| |
47 (1) | Section 3 of the Prosecution of Offences Act 1985 (functions of the Director |
| 30 |
of Public Prosecutions) is amended as follows. |
| |
(2) | In subsection (3), in the definition of “police force”, omit “, the National |
| |
| |
(3) | After subsection (3) insert— |
| |
“(3A) | This section applies in relation to the Serious Organised Crime |
| 35 |
Agency and proceedings instituted by it as it applies in relation to a |
| |
police force and proceedings instituted on its behalf.” |
| |
|
| |
|
| |
|
Ministry of Defence Police Act 1987 (c. 4) |
| |
48 | The Ministry of Defence Police Act 1987 has effect subject to the following |
| |
| |
49 | In section 2B(3) (constables serving with other forces), in the definitions of |
| |
“chief officer” and “relevant force”, omit paragraphs (c) and (d). |
| 5 |
50 | After section 2B insert— |
| |
“2C | Constables serving with Serious Organised Crime Agency |
| |
(1) | A member of the Ministry of Defence Police serving with the |
| |
Serious Organised Crime Agency under arrangements to which |
| |
subsection (2) applies shall— |
| 10 |
(a) | be under the direction and control of the Serious Organised |
| |
| |
(b) | continue to be a constable. |
| |
(2) | This subsection applies to arrangements made between— |
| |
(a) | the Serious Organised Crime Agency, and |
| 15 |
(b) | the chief constable of the Ministry of Defence Police.” |
| |
Criminal Justice Act 1987 (c. 38) |
| |
51 | In section 3(6) of the Criminal Justice Act 1987 (authorities to which |
| |
information may be disclosed) after paragraph (f) insert— |
| |
“(fa) | the Serious Organised Crime Agency;”. |
| 20 |
Dartford-Thurrock Crossing Act 1988 (c. 20) |
| |
52 | In section 19(a) of the Dartford-Thurrock Crossing Act 1988 (exemption |
| |
from tolls) for sub-paragraph (ia) substitute— |
| |
“(ia) | the Serious Organised Crime Agency;”. |
| |
Road Traffic Act 1988 (c. 52) |
| 25 |
53 | The Road Traffic Act 1988 shall have effect subject to the following |
| |
| |
54 (1) | In section 124 (exemption from requirements regarding paid driving |
| |
instruction) after subsection (1) insert— |
| |
“(1A) | Section 123(1) and (2) also does not apply to the giving of |
| 30 |
instruction by a SOCA instructor in pursuance of arrangements |
| |
made by the Director General of the Serious Organised Crime |
| |
| |
| In this subsection “SOCA instructor” means a member of the staff of |
| |
the Serious Organised Crime Agency whose duties consist of or |
| 35 |
include the giving instruction in the driving of motor cars to other |
| |
members of the Agency’s staff.” |
| |
(2) | In subsection (2) of that section, omit the definitions of “chief officer of |
| |
police”, “police authority” and “police force”. |
| |
55 | In section 144(2) (exemption from requirement of third-party insurance or |
| 40 |
security) omit paragraph (ba). |
| |
|
| |
|
| |
|
Security Service Act 1989 (c. 5) |
| |
56 | The Security Service Act 1989 has effect subject to the following |
| |
| |
57 | In section 1(4) (functions of the Security Service) for “, the National Criminal |
| |
Intelligence Service, the National Crime Squad” substitute “, the Serious |
| 5 |
| |
58 | In section 2(2)(c) (duties of the Director General)— |
| |
(a) | for “the Director General of the National Criminal Intelligence |
| |
Service” substitute “the Director General of the Serious Organised |
| |
| 10 |
(b) | for “, the National Criminal Intelligence Service, the National Crime |
| |
Squad” substitute “, the Serious Organised Crime Agency”. |
| |
Official Secrets Act 1989 (c. 6) |
| |
59 | In section 12(1)(e) of the Official Secrets Act 1989 (meaning of “Crown |
| |
servant” in that Act) for “or of the National Criminal Intelligence Service or |
| 15 |
the National Crime Squad” substitute “or of the Serious Organised Crime |
| |
| |
Aviation and Maritime Security Act 1990 (c. 31) |
| |
60 | In section 22(4)(b) of the Aviation and Maritime Security Act 1990 (searches |
| |
in harbour areas) omit sub-paragraph (iii) and the word “or” before it. |
| 20 |
Tribunals and Inquiries Act 1992 (c. 53) |
| |
61 | The Tribunals and Inquiries Act 1992 has effect subject to the following |
| |
| |
62 | In section 7(2) (removal of members of certain tribunals) after “36A” omit |
| |
| 25 |
63 | In Schedule 1 (tribunals under supervision of Council on Tribunals) in |
| |
paragraph 36A omit “(a)” and sub-paragraph (b). |
| |
Criminal Appeal Act 1995 (c. 35) |
| |
64 (1) | Section 22 of the Criminal Appeal Act 1995 (meaning of “public body” etc.) |
| |
has effect subject to the following amendments. |
| 30 |
| |
(a) | in paragraph (a) omit “, the National Crime Squad”, |
| |
| |
(i) | at the end of sub-paragraph (i) insert “and”, |
| |
(ii) | omit sub-paragraph (ii), and |
| 35 |
(iii) | at the end of sub-paragraph (iii) insert “and”, |
| |
(c) | in paragraph (c) for “, the City of London police force or the National |
| |
Crime Squad” substitute “or the City of London police force”, and |
| |
(d) | omit paragraphs (d) and (e). |
| |
|
| |
|
| |
|
(3) | In subsection (4) for paragraph (aa) substitute— |
| |
“(aa) | in relation to the Serious Organised Crime Agency, the |
| |
Director General of that Agency,”. |
| |
Disability Discrimination Act 1995 (c. 50) |
| |
65 | The Disability Discrimination Act 1995 has effect subject to the following |
| 5 |
| |
66 (1) | The section 64A (police) inserted by the Disability Discrimination Act 1995 |
| |
(Amendment) Regulations 2003 (S.I. 2003/1673) is amended as follows. |
| |
(2) | After subsection (6) insert— |
| |
“(6A) | For the purposes of Part 2, the holding of the office of constable by |
| 10 |
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.” |
| |
| |
(a) | in the definition of “chief officer of police”, omit paragraph (b), |
| 15 |
(b) | in the definition of “police authority”, omit paragraph (b), and |
| |
(c) | in the definition of “police fund”, omit paragraph (b). |
| |
67 | In the section 64A (police) inserted by the Disability Discrimination Act |
| |
1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), in |
| |
subsection (6)(a), for “section 23 of the Police Act 1997” substitute “section 24 |
| 20 |
or 25 of the Serious Organised Crime and Police Act 2005”. |
| |
68 (1) | The section 64B (other police bodies) inserted by the Disability |
| |
Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) |
| |
2004 is amended as follows. |
| |
(2) | After subsection (5) insert— |
| 25 |
“(5A) | For the purposes of Part 2, 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.” |
| |
(3) | For subsection (6) substitute— |
| 30 |
“(6) | Subject to subsection (8), in this section in relation to any body of |
| |
| |
(a) | “chief officer of police” means the person who has the |
| |
direction and control of the body; |
| |
(b) | “police authority” means the authority by which the |
| 35 |
members of the body are paid; and |
| |
(c) | “police fund” means money provided by that |
| |
| |
| |
69 | The Police Act 1996 has effect subject to the following amendments. |
| 40 |
70 | Omit section 23(8) (collaboration agreements). |
| |
71 | Omit section 24(5) (mutual aid). |
| |
|
| |
|
| |
|
72 (1) | Section 54 (appointment and functions of inspectors of constabulary) is |
| |
| |
(2) | In subsection (2) omit “the National Criminal Intelligence Service and the |
| |
| |
(3) | For subsection (2B) substitute— |
| 5 |
“(2B) | The Secretary of State may at any time require the inspectors of |
| |
constabulary to carry out an inspection under this section of a police |
| |
force maintained for any police area; and a requirement under this |
| |
subsection may include a requirement for the inspection to be |
| |
confined to a particular part of the force in question, to particular |
| 10 |
matters or to particular activities of that force.” |
| |
73 | In section 55 (publication of reports) omit subsection (7). |
| |
74 (1) | Section 57 (common services) is amended as follows. |
| |
| |
(a) | for “National Crime Squad” substitute “Serious Organised Crime |
| 15 |
| |
(b) | for “Squad for the Squad” substitute “Agency for the Agency”. |
| |
(3) | For subsection (4)(c) substitute— |
| |
“(c) | if the regulations relate to the Serious Organised Crime |
| |
| 20 |
75 | Omit section 59(8) (police federations). |
| |
76 | Omit section 60(2A) (regulations for police federations). |
| |
77 | In section 61(1) (police negotiating board) omit paragraphs (aa) and (ba). |
| |
78 (1) | Section 62 (functions of negotiating board with respect to regulations) is |
| |
| 25 |
(2) | In subsection (1) omit paragraphs (aa) and (ab). |
| |
(3) | Omit the subsection (1A) inserted by paragraph 82(2) of Schedule 9 to the |
| |
| |
(4) | Omit subsections (1B) and (1C). |
| |
(5) | In subsection (2) for “subsection (1), (1A) or (1B)” substitute “subsection (1) |
| 30 |
| |
79 (1) | Section 63 (police advisory boards) is amended as follows. |
| |
(2) | Omit subsections (1A) and (1B). |
| |
(3) | For subsection (3) substitute— |
| |
| 35 |
(a) | regulations under section 50 or 52, other than regulations |
| |
with respect to any of the matters mentioned in section 61(1), |
| |
| |
(b) | regulations under Part 2 of the Police Reform Act 2002, |
| |
|
| |
|
| |
|
| the Secretary of State shall supply the Police Advisory Board for |
| |
England and Wales with a draft of the regulations, and take into |
| |
consideration any representations made by that Board.” |
| |
80 | In section 64 (membership of trade unions) omit subsections (4A) and (4B). |
| |
81 (1) | Section 88 (liability for wrongful acts of constables) is amended as follows. |
| 5 |
(2) | In subsection (5)(b) omit “or section 23 of the Police Act 1997”. |
| |
(3) | After subsection (5) insert— |
| |
“(5A) | This section shall have effect where by virtue of section 24 or 25 of |
| |
the Serious Organised Crime and Police Act 2005 a member of the |
| |
staff of the Serious Organised Crime Agency who is neither a |
| 10 |
constable nor an employee of the police authority is provided to a |
| |
| |
(a) | any unlawful conduct of his in the performance or |
| |
purported performance of his functions were unlawful |
| |
conduct of a constable under the direction and control of the |
| 15 |
chief officer of police of that force; and |
| |
(b) | subsection (4) applied to him in the case of the police |
| |
authority maintaining that force.” |
| |
82 | In section 89(4)(a) (assaults on constables) omit “or by a member of the |
| |
National Criminal Intelligence Service or of the National Crime Squad”. |
| 20 |
83 (1) | Section 97 (police officers engaged on service outside their force) is |
| |
| |
| |
(a) | omit paragraphs (ca) and (cb), |
| |
(b) | the paragraph (cd) inserted by paragraph 30(2) of Schedule 11 to the |
| 25 |
Proceeds of Crime Act 2002 (c. 29) is to be paragraph (ce), and |
| |
(c) | after that paragraph insert— |
| |
“(cf) | temporary 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 |
| 30 |
| |
(3) | In subsection (6)(a) for the words from “paragraph” to “subsection (1)” |
| |
substitute “paragraph (a), (aa), (b), (c), (cc), (cd), (ce), (cf), (d), (g) or (h) of |
| |
| |
(4) | In subsection (8) for the words from “paragraph” to “subsection (1)” |
| 35 |
substitute “paragraph (aa), (b), (c), (cc), (cd), (ce), (cf) or (d) of subsection |
| |
| |
84 (1) | Section 98 (cross-border aid) is amended as follows. |
| |
(2) | In subsections (2) and (3)— |
| |
(a) | omit “or the Director General of the National Crime Squad”, and |
| 40 |
(b) | omit “or the National Crime Squad”. |
| |
(3) | Omit subsection (3A). |
| |
| |
(a) | omit “or the National Crime Squad”, |
| |
|
| |
|