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 4 — Minor and consequential amendments relating to SOCA
143

(b)
for “(2), (3) or (3A)” substitute “(2) or (3)”, and
(c)
omit “or the Director General of the National Crime Squad”.
      (5)
In subsection (5)—
(a)
omit “or the National Crime Squad” (in both places), and
(b)
omit “or the Director General of the National Crime Squad”.
5
      (6)
Omit subsection (6A).
Employment Rights Act 1996 (c. 18)
85
The Employment Rights Act 1996 has effect subject to the following
amendments.
86
In section 43KA(2) (application of Part 4 of that Act to the police) for
10
paragraphs (b) and (c) 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, that Agency; and”.
87
In section 50(2) (right to time off for public duties) omit paragraph (ca).
15
88
In section 134A (application of section 100 of that Act to the police) after
subsection (2) add—
“(3)
Subsection (1) does not apply to the holding of the office of
constable by a member of a police force on secondment to the Serious
Organised Crime Agency.”
20
Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6))
89
In Schedule 2 to the Juries (Northern Ireland) Order 1996 omit the entry
relating to members of the National Criminal Intelligence Service, members
of the Service Authority for the National Criminal Intelligence Service and
persons employed by the Authority.
25
Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))
90
The Employment Rights (Northern Ireland) Order 1996 has effect subject to
the following amendments.
91
In Article 67KA(3) (application of Part VA of that Order to the police) omit
sub-paragraph (b).
30
92
In Article 72A(2) (application of Article 68 of that Order to the police) omit
sub-paragraph (b).
93
In Article 169A(2) (application of Article 132 of that Order to the police)
omit sub-paragraph (b).
Police (Health and Safety) Act 1997 (c. 42)
35
94
In section 5(3) of the Police (Health and Safety) Act 1997—
(a)
in the definition of “relevant authority” omit paragraphs (c) and
(d),
(b)
in the definition of “relevant fund” omit paragraphs (b) and (c), and
(c)
in the definition of “responsible officer” omit paragraph (b).
40

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
144

Police Act 1997 (c. 50)
95
The Police Act 1997 has effect subject to the following amendments.
96
Omit sections 1 to 87 (provision about NCIS and NCS and their Service
Authorities).
97
Omit sections 89 and 90 (general provision about NCS).
5
98    (1)
Section 93 (authorisations to interfere with property) is amended as
follows.
      (2)
In subsection (1B) after “officer is a” insert “member of the staff of the
Serious Organised Crime Agency,”.
      (3)
In subsection (3) for paragraphs (b) and (c) substitute—
10
“(b)
if the authorising officer is within subsection (5)(f), by a
member of the staff of the Serious Organised Crime
Agency,”.
      (4)
In subsection (5) for paragraphs (f) and (g) substitute—
“(f)
the Director General of the Serious Organised Crime
15
Agency, or any member of the staff of that Agency who is
designated for the purposes of this paragraph by that
Director General;”.
      (5)
In subsection (6) omit paragraphs (d) and (e).
99    (1)
Section 94 (authorisations in absence of authorising officer) is amended as
20
follows.
      (2)
In subsection (1)—
(a)
in paragraph (a) for “or (e)” substitute “, (e) or (f)”,
(b)
at the end of paragraph (a) insert “or”,
(c)
in paragraph (b) for “, (d) or (f)” substitute “or (d)”, and
25
(d)
omit paragraph (c) and the word “or” before it.
      (3)
In subsection (2) for paragraphs (e) and (ea) substitute—
“(e)
where the authorising officer is within paragraph (f) of that
subsection, by a person designated for the purposes of this
section by the Director General of the Serious Organised
30
Crime Agency;”.
      (4)
Omit subsections (3) and (4)(c).
100   (1)
Section 95 (form and duration of authorisations) is amended as follows.
      (2)
In subsection (6) for “or (g)” substitute “or (f)”.
      (3)
In subsection (7) for “, (d), (f) or (g)” substitute “or (d)”.
35
101   (1)
Section 97 (authorisations requiring approval) is amended as follows.
      (2)
In subsection (6A)—
(a)
for “, (e) or (g)” substitute “or (e)”, and
(b)
for “, Chief Constable or, as the case may be, Director General”
substitute “or, as the case may be, Chief Constable”.
40

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
145

      (3)
After subsection (6A) insert—
“(6B)
The reference in subsection (6) to the authorising officer who gave
the authorisation or in whose absence it was given shall be
construed—
(a)
in the case of an authorisation given by a person within
5
paragraph (f) of section 93(5), as a reference to that person,
and
(b)
in the case of an authorisation given in the absence of such a
person, as a reference to a member of the staff of the Serious
Organised Crime Agency who is designated for the purposes
10
of this section by the Director General of that Agency.”
102
In section 105(3) (supplementary provision about appeals) for “, (d), (f) or
(g)” substitute “or (d)”.
103
In section 107(4)(b) (exclusions from Chief Commissioner’s report) for
“Service Authority for the National Criminal Intelligence Service or the
15
Service Authority for the National Crime Squad” substitute “Serious
Organised Crime Agency”.
104   (1)
Section 109 (Police Information Technology Organisation) is amended as
follows.
      (2)
In subsection (3) after “police forces,” insert—
20
“(aa)
the Serious Organised Crime Agency,”.
      (3)
In subsection (4) for “(a) or (b)” substitute “(a), (aa) or (b)”.
105   (1)
Section 111 (interpretation of Part 5) is amended as follows.
      (2)
In subsection (1)—
(a)
at the end of paragraph (a) insert “and”, and
25
(b)
omit paragraphs (c) and (d).
      (3)
In subsection (2)—
(a)
at the end of paragraph (b) insert “and”, and
(b)
omit paragraphs (d) and (e).
      (4)
In subsection (3)—
30
(a)
at the end of paragraph (a) insert “and”, and
(b)
omit paragraphs (c) and (d).
106
In section 137(2) (extent) omit paragraphs (b) and (c).
107
Omit Schedules 1 to 2A (Service Authorities for NCIS and NCS).
Police (Health and Safety) (Northern Ireland) Order 1997 (S.I. 1997/1774 (N.I. 6))
35
108
In Article 7(3) of the Police (Health and Safety) (Northern Ireland) Order
1997—
(a)
in the definition of “the relevant authority”, omit sub-paragraph
(b),
(b)
in the definition of “the relevant fund”, omit sub-paragraph (a), and
40
(c)
in the definition of “the responsible officer”, omit sub-paragraph
(b).

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
146

Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))
109
The Race Relations (Northern Ireland) Order 1997 has effect subject to the
following amendments.
110
In Article 72A(8) (police officers) for “section 23 of the Police Act 1997”
substitute “section 24 or 25 of the Serious Organised Crime and Police Act
5
2005”.
111   (1)
Article 72B (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
10
treated as employment by the Agency as respects any act done by it
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
15
direction and control of the body;
(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.”
20
Audit Commission Act 1998 (c. 18)
112
In section 32(1) of the Audit Commission Act 1998 (documents to be sent by
the Audit Commission to the Secretary of State), for the words from “relates
to—” onwards substitute “relates to a police authority established under
section 3 of the Police Act 1996.”
25
Data Protection Act 1998 (c. 29)
113
In section 56(6) of the Data Protection Act 1998 (prohibition of requirement
to produce certain records), in the first entry in the first column of the Table,
for paragraphs (d) and (e) substitute—
“(d)
the Director General of the Serious Organised Crime
30
Agency.”
Police (Northern Ireland) Act 1998 (c. 32)
114
The Police (Northern Ireland) Act 1998 has effect subject to the following
amendments.
115   (1)
Section 27 (members of Police Service of Northern Ireland engaged on
35
other police service) is amended as follows.
      (2)
In subsection (1)—
(a)
omit paragraph (b), and
(b)
after paragraph (ca) insert—
“(cb)
seconded service as a member of the staff of the
40
Serious Organised Crime Agency on which a member

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
147

of the Police Service of Northern Ireland is engaged
with the consent of the Chief Constable;”.
      (3)
In subsection (5)(b) for the words from “subsection (1)(aa)” to “or (j)”
substitute “subsection (1)(aa), (c), (ca), (cb), (d), (e), (f), (h) or (j).
      (4)
In subsection (7) for “(1)(b), (c) or (ca)” substitute “(1)(c), (ca) or (cb)”.
5
116
In section 29(5) (liability for wrongful acts of constables) for “section 23 of
the Police Act 1997” substitute “section 24 or 25 of the Serious Organised
Crime and Police Act 2005”.
117
In section 41 (inspectors of constabulary) for subsections (3) and (3A)
substitute—
10
“(3A)
The Secretary of State may at any time require the inspectors to
carry out an inspection under this section of the Police Service of
Northern Ireland; and a requirement under this subsection may
include a requirement for the inspection to be confined to a
particular part of the Service, to particular matters or to particular
15
activities of the Service.”
118   (1)
Section 42 (publication of reports of inspectors of constabulary) is
amended as follows.
      (2)
In subsection (1) omit “, (3)”.
      (3)
Omit subsection (7).
20
Crime and Disorder Act 1998 (c. 37)
119
Omit section 113 of the Crime and Disorder Act 1998 (deputy authorising
officer under Part 3 of Police Act 1997).
Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21))
120
The Fair Employment and Treatment (Northern Ireland) Order 1998 has
25
effect subject to the following amendments.
121
In Article 94(6) (police officers) for “section 23 of the Police Act 1997”
substitute “section 24 or 25 of the Serious Organised Crime and Police Act
2005.
122   (1)
Article 94A (other police bodies) is amended as follows.
30
      (2)
After paragraph (5) insert—
“(5A)
For the purposes of this Order (other than Part VII), 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.”
35
      (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;
(b)
“police authority” means the authority by which the
40
members of the body are paid; and

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
148

(c)
“police fund” means money provided by that
authority.”
Immigration and Asylum Act 1999 (c. 33)
123
The Immigration and Asylum Act 1999 has effect subject to the following
amendments.
5
124
In section 20(1) (supply of information to Secretary of State) for paragraphs
(b) and (c) substitute—
“(b)
the Serious Organised Crime Agency;”.
125   (1)
Section 21 (supply of information by Secretary of State) is amended as
follows.
10
      (2)
In subsection (1) for paragraphs (b) and (c) substitute—
“(b)
the Serious Organised Crime Agency, for use for SOCA
purposes;”.
      (3)
For subsections (4) and (5) substitute—
“(4)
“SOCA purposes” means any of the functions of the Serious
15
Organised Crime Agency mentioned in section 2 or 3 of the Serious
Organised Crime and Police Act 2005.”
Terrorism Act 2000 (c. 11)
126
The Terrorism Act 2000 has effect subject to the following amendments.
127
In section 19(7B) (duty to disclose information)—
20
(a)
for “person” substitute “member of the staff of the Serious
Organised Crime Agency”, and
(b)
for “the National Criminal Intelligence Service” substitute “that
Agency”.
128
In section 20(5) (permission to disclose information)—
25
(a)
for “person” substitute “member of the staff of the Serious
Organised Crime Agency”, and
(b)
for “the National Criminal Intelligence Service” substitute “that
Agency”.
129
In section 21A(14) (failure to disclose: regulated sector)—
30
(a)
for “person” substitute “member of the staff of the Serious
Organised Crime Agency”, and
(b)
for “the National Criminal Intelligence Service” substitute “that
Agency”.
130
In section 21B(7) (protected disclosures)—
35
(a)
for “person” substitute “member of the staff of the Serious
Organised Crime Agency”, and
(b)
for “the National Criminal Intelligence Service” substitute “that
Agency”.
131
In Schedule 14 (exercise of officers’ powers), in paragraph 4(1), for
40
paragraph (d) substitute—
“(d)
to the Serious Organised Crime Agency;”.

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
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Regulation of Investigatory Powers Act 2000 (c. 23)
132
The Regulation of Investigatory Powers Act 2000 has effect subject to the
following amendments.
133   (1)
Section 6 (application for issue of an interception warrant) is amended as
follows.
5
      (2)
In subsection (2)(d) for “National Criminal Intelligence Service” substitute
“Serious Organised Crime Agency”.
      (3)
In subsection (3) after “specified in” insert “paragraph (a), (b), (c), (e), (f), (g),
(h), (i) or (j)”.
134   (1)
In section 17(3) (exclusion of matters from legal proceedings) for
10
paragraphs (c) and (d) substitute—
“(c)
any member of the staff of the Serious Organised Crime
Agency;”.
      (2)
Sub-paragraph (1) does not affect the operation of section 17 in relation to
conduct by any member of the National Criminal Intelligence Service or the
15
National Crime Squad which took place before the commencement of this
paragraph.
135   (1)
In section 19(2) (unauthorised disclosures) for paragraphs (c) and (d)
substitute—
“(c)
every member of the staff of the Serious Organised Crime
20
Agency;”.
      (2)
Sub-paragraph (1) does not affect the operation of section 19 in relation to
any person’s service as a member of the National Criminal Intelligence
Service or the National Crime Squad before the commencement of this
paragraph.
25
136   (1)
Section 25 (interpretation) is amended as follows.
      (2)
In subsection (1), in the definition of “relevant public authority”, for
paragraphs (b) and (c) substitute—
“(b)
the Serious Organised Crime Agency;”.
      (3)
After subsection (3) insert—
30
“(3A)
References in this Chapter to an individual holding an office or
position with the Serious Organised Crime Agency include
references to any member of the staff of that Agency.”
      (4)
For subsections (4) and (5) substitute—
“(4)
The Secretary of State may by order—
35
(a)
remove any person from the list of persons who are for the
time being relevant public authorities for the purposes of this
Chapter; and
(b)
make such consequential amendments, repeals or
revocations in this or any other enactment as appear to him
40
to be necessary or expedient.
(5)
The Secretary of State shall not make an order under this section—