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Serious Organised Crime and Police Bill


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

136

 

Race Relations Act 1976 (c. 74)

33         

The Race Relations Act 1976 has effect subject to the following

amendments.

34    (1)  

Section 76B (other police bodies) is amended as follows.

      (2)  

Omit subsection (1).

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

(2).”

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

duty)—

(a)   

in Part 1 omit paragraphs 59 and 60,

(b)   

in Part 2 at the appropriate place under the heading “Other Bodies,

20

Etc” insert—

“The Serious Organised Crime Agency.”; and

(c)   

in Part 3 omit the entry relating to the Director General of the

National Crime Squad.

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

2005”.

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

 

 

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

137

 

(b)   

“police authority” means the authority by which the

members of the body are paid; and

(c)   

“police fund” means money provided by that

authority.”

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

(b).

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

paragraph (nb) insert—

“(nc)   

members of staff of the Serious Organised Crime

Agency;”.

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

following amendments.

44         

In section 5 (reports of recorded searches and road checks) omit subsection

(1A).

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

Crime Squad”.

      (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.”

 

 

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

138

 

Ministry of Defence Police Act 1987 (c. 4)

48         

The Ministry of Defence Police Act 1987 has effect subject to the following

amendments.

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

Crime Agency, and

(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

amendments.

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

Agency.

   

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).

 

 

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

139

 

Security Service Act 1989 (c. 5)

56         

The Security Service Act 1989 has effect subject to the following

amendments.

57         

In section 1(4) (functions of the Security Service) for “, the National Criminal

Intelligence Service, the National Crime Squad” substitute “, the Serious

5

Organised Crime Agency”.

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

Crime Agency”, and

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

Agency”.

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

amendments.

62         

In section 7(2) (removal of members of certain tribunals) after “36A” omit

“(a) or (b)”.

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

      (2)  

In subsection (2)—

(a)   

in paragraph (a) omit “, the National Crime Squad”,

(b)   

in paragraph (b)—

(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).

 

 

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

140

 

      (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

amendments.

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.”

      (3)  

In subsection (7)—

(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

constables—

(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

authority.”

Police Act 1996 (c. 16)

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).

 

 

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

141

 

72    (1)  

Section 54 (appointment and functions of inspectors of constabulary) is

amended as follows.

      (2)  

In subsection (2) omit “the National Criminal Intelligence Service and the

National Crime Squad”.

      (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.

      (2)  

In subsection (3A)—

(a)   

for “National Crime Squad” substitute “Serious Organised Crime

15

Agency”, and

(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

Agency, that Agency.”

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

amended as follows.

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

Police Act 1997 (c. 50).

      (4)  

Omit subsections (1B) and (1C).

      (5)  

In subsection (2) for “subsection (1), (1A) or (1B)” substitute “subsection (1)

30

or (1A)”.

79    (1)  

Section 63 (police advisory boards) is amended as follows.

      (2)  

Omit subsections (1A) and (1B).

      (3)  

For subsection (3) substitute—

“(3)   

Before making—

35

(a)   

regulations under section 50 or 52, other than regulations

with respect to any of the matters mentioned in section 61(1),

or

(b)   

regulations under Part 2 of the Police Reform Act 2002,

 

 

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

142

 

   

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

police force as if—

(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

amended as follows.

      (2)  

In subsection (1)—

(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

authority;”.

      (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

subsection (1)”.

      (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

(1)”.

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).

      (4)  

In subsection (4)—

(a)   

omit “or the National Crime Squad”,

 

 

 
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