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
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”,