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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

150

 

(a)   

that adds any person to the list of persons who are for the

time being relevant public authorities for the purposes of this

Chapter, or

(b)   

that by virtue of subsection (4)(b) amends or repeals any

provision of an Act,

5

   

unless a draft of the order has been laid before Parliament and

approved by a resolution of each House.”

137        

In section 32(6) (authorisation of intrusive surveillance) for paragraphs (k)

and (l) substitute—

“(k)   

the Director General of the Serious Organised Crime

10

Agency and any member of the staff of that Agency who is

designated for the purposes of this paragraph by that

Director General;”.

138   (1)  

Section 33 (rules for grant of authorisation) is amended as follows.

      (2)  

In subsection (1)—

15

(a)   

omit “, the National Criminal Intelligence Service or the National

Crime Squad”, and

(b)   

omit “, Service or Squad”.

      (3)  

After subsection (1) insert—

“(1A)   

A person who is a designated person for the purposes of section 28

20

or 29 by reference to his office or position with the Serious Organised

Crime Agency shall not grant an authorisation under that section

except on an application made by a member of the staff of the

Agency.”

      (4)  

In subsection (3)—

25

(a)   

omit “, the National Criminal Intelligence Service or the National

Crime Squad”, and

(b)   

omit (in both places) “, Service or Squad”.

      (5)  

After subsection (3) insert—

“(3A)   

The Director General of the Serious Organised Crime Agency or a

30

person designated for the purposes of section 32(6)(k) by that

Director General shall not grant an authorisation for the carrying out

of intrusive surveillance except on an application made by a member

of the staff of the Agency.”

      (6)  

In subsection (5)(a) for “the National Criminal Intelligence Service or the

35

National Crime Squad,” substitute “a member of the staff of the Serious

Organised Crime Agency,”.

      (7)  

In subsection (6)—

(a)   

in paragraph (e) omit “and also of the National Criminal Intelligence

Service”, and

40

(b)   

omit paragraph (f).

139   (1)  

Section 34 (grant of authorisations in absence of senior officer) is amended

as follows.

      (2)  

In subsection (1)(a) for “of the National Criminal Intelligence Service or of

the National Crime Squad” substitute “a member of the staff of the Serious

45

Organised Crime Agency”.

 

 

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

151

 

      (3)  

In subsection (2)(a) for “, Service or Squad” substitute “or Agency”.

      (4)  

In subsection (4) for paragraphs (j) and (k) substitute—

“(j)   

a person is entitled to act for the Director General of the

Serious Organised Crime Agency if he is a person designated

for the purposes of this paragraph by that Director General as

5

a person entitled so to act in an urgent case;”.

      (5)  

Omit subsection (5).

      (6)  

Omit subsection (6)(c).

140   (1)  

Section 35 (notification of certain authorisations) is amended as follows.

      (2)  

In subsection (1) for “police, customs” substitute “police, SOCA, customs”.

10

      (3)  

In subsection (10)—

(a)   

for “police, customs” substitute “police, SOCA, customs”, and

(b)   

in paragraph (a) for “, the National Criminal Intelligence Service or

the National Crime Squad” substitute “or the Serious Organised

Crime Agency”.

15

141   (1)  

Section 36 (approval required for authorisations to take effect) is amended

as follows.

      (2)  

In subsection (1) for paragraphs (b) and (c) substitute—

“(b)   

a member of the staff of the Serious Organised Crime

Agency;”.

20

      (3)  

In subsection (6)—

(a)   

in paragraph (b) for “National Criminal Intelligence Service or the

Director General of the National Crime Squad,” substitute “Serious

Organised Crime Agency,”, and

(b)   

for paragraphs (d) and (e) substitute—

25

“(d)   

where the authorisation was granted by a person

designated for the purposes of section 32(6)(k), or by

a person entitled to act for the Director General of the

Serious Organised Crime Agency by virtue of section

34(4)(j), that Director General;”.

30

142        

In section 37(1) (quashing of police and customs authorisations) for

paragraphs (b) and (c) substitute—

“(b)   

a member of the staff of the Serious Organised Crime

Agency;”.

143        

In section 40 (duty to provide information to Surveillance Commissioners)

35

for paragraphs (b) and (c) substitute—

“(b)   

every member of the staff of the Serious Organised Crime

Agency,”.

144        

In section 45(6) (cancellation of authorisations)—

(a)   

at the end of paragraph (b) insert “and”, and

40

(b)   

omit paragraphs (d) and (e).

145        

In section 46(3) (restriction on authorisations extending to Scotland) after

paragraph (da) insert—

“(db)   

the Serious Organised Crime Agency;”.

 

 

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

152

 

146        

In section 49(1)(e) (notices requiring disclosure) after “the police” (in both

places) insert “, SOCA”.

147   (1)  

Section 51 (cases in which key required) is amended as follows.

      (2)  

In subsection (2)—

(a)   

for “the police, the customs” substitute “the police, SOCA, the

5

customs”, and

(b)   

after paragraph (a) insert—

“(aa)   

in the case of a direction by SOCA, except by or with

the permission of the Director General of the Serious

Organised Crime Agency;”.

10

      (3)  

In subsection (3) after “of police,” insert “the Director General of the Serious

Organised Crime Agency,”.

      (4)  

In subsection (6) after “of police,” insert “by the Director General of the

Serious Organised Crime Agency,”.

148        

In section 54(3) (tipping-off) after “police” (in both places) insert “SOCA,”.

15

149   (1)  

Section 55 (duties of specified authorities) is amended as follows.

      (2)  

In subsection (1) after paragraph (b) insert—

“(ba)   

the Director General of the Serious Organised Crime

Agency;”.

      (3)  

After subsection (3) insert—

20

“(3A)   

Paragraph 11 of Schedule 1 to the Serious Organised Crime and

Police Act 2005 does not apply in relation to the duties of the Director

General of the Serious Organised Crime Agency under this

section.”

150        

In section 56(1) (interpretation)—

25

(a)   

in the definition of “chief officer of police” omit paragraphs (j) and

(k),

(b)   

in paragraph (a) of the definition of “the police” after “constable”

insert “(except a constable who is a member of the staff of the Serious

Organised Crime Agency)”, and

30

(c)   

after the definition of “section 49 notice” insert—

““SOCA” means the Serious Organised Crime Agency

or any member of the staff of the Serious Organised

Crime Agency;”.

151        

In section 58(1) (co-operation with Commissioner) for paragraphs (b) and

35

(c) substitute—

“(b)   

every member of the staff of the Serious Organised Crime

Agency,”.

152        

In section 65(6) (the Tribunal) for paragraphs (d) and (e) substitute—

“(d)   

the Serious Organised Crime Agency; or”.

40

153        

In section 68(7) (disclosure to Tribunal) for paragraphs (b) and (c)

substitute—

“(b)   

every member of the staff of the Serious Organised Crime

Agency;”.

 

 

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

153

 

154        

In section 75(6) (authorisations under Part 3 of Police Act 1997) omit

paragraph (b).

155   (1)  

Section 76A (foreign surveillance operations) is amended as follows.

      (2)  

In subsection (6)(a) for “National Criminal Intelligence Service” substitute

“Serious Organised Crime Agency”.

5

      (3)  

In subsection (11), in the definition of “United Kingdom officer”—

(a)   

in paragraph (b) for “National Criminal Intelligence Service”

substitute “staff of the Serious Organised Crime Agency”, and

(b)   

in paragraph (c) omit “the National Crime Squad or”.

156   (1)  

In Schedule 1 (relevant authorities) for paragraphs 2 and 3 substitute—

10

“2         

The Serious Organised Crime Agency.”

157   (1)  

Schedule 2 (persons having appropriate permission) is amended as

follows.

      (2)  

In paragraph 2—

(a)   

in sub-paragraph (3) after “the police” insert “, SOCA”, and

15

(b)   

in sub-paragraph (5) after “Only the police” insert “, SOCA”.

      (3)  

In paragraph 4(2) after “the police,” (in each place) insert “SOCA,”.

      (4)  

In paragraph 5(3)(b) after “police” insert “, SOCA”.

      (5)  

In paragraph 6—

(a)   

after sub-paragraph (3) insert—

20

   “(3A)  

A member of the staff of the Serious Organised Crime

Agency does not by virtue of paragraph 1, 4 or 5 have the

appropriate permission in relation to any protected

information unless permission to give a section 49 notice in

relation to that information has been granted—

25

(a)   

by the Director General; or

(b)   

by a member of the staff of the Agency of or above

such level as the Director General may designate

for the purposes of this sub-paragraph.”; and

(b)   

after sub-paragraph (5) add—

30

    “(6)  

In sub-paragraph (2) “constable” does not include a

constable who is a member of the staff of the Serious

Organised Crime Agency.”

Football (Disorder) Act 2000 (c. 25)

158        

Omit section 2 of the Football (Disorder) Act 2000 (disclosure of information

35

by NCIS).

Freedom of Information Act 2000 (c. 36)

159        

The Freedom of Information Act 2000 has effect subject to the following

amendments.

160        

In section 23(3) (bodies supplying information which is exempt) omit “and”

40

 

 

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

154

 

at the end of paragraph (k) and after paragraph (l) add—

“(m)   

the Serious Organised Crime Agency.”

161        

In Schedule 1 (list of public authorities), in Part 6, omit the entries relating

to the National Crime Squad and the Service Authority for the National

Crime Squad.

5

Criminal Justice and Court Services Act 2000 (c. 43)

162        

In section 71(1) and (2)(a) of the Criminal Justice and Court Services Act

2000 (access to driver licensing records) after “constables” insert “and

members of the staff of the Serious Organised Crime Agency”.

Criminal Justice and Police Act 2001 (c. 16)

10

163        

The Criminal Justice and Police Act 2001 has effect subject to the following

amendments.

164        

In section 88(8) (functions of Central Police Training and Development

Authority) for paragraphs (a) and (b) substitute—

“(a)   

the Serious Organised Crime Agency;”.

15

165   (1)  

Section 104 (vice-chairmen) is amended as follows.

      (2)  

Omit subsection (3).

      (3)  

In subsection (4)—

(a)   

at the end of paragraph (a) insert “and”, and

(b)   

omit paragraph (c) and the word “and” before it.

20

      (4)  

Omit subsection (8).

166   (1)  

Section 107 (payment of allowances to authority members) is amended as

follows.

      (2)  

Omit subsection (1)(c).

      (3)  

Omit subsection (4).

25

167        

Omit sections 108 to 121 (provision about NCIS and NCS and their Service

Authorities).

168        

Omit section 138(6)(d) (extent).

Proceeds of Crime Act 2002 (c.29)

169        

The Proceeds of Crime Act 2002 has effect subject to the following

30

amendments.

170        

In section 313(1) (restriction on performance by police of functions of the

Director of the Assets Recovery Agency) omit paragraphs (c) and (d).

171        

In section 330(5)(a) (required disclosure of information regarding money

laundering) for “the Director General of the National Criminal Intelligence

35

Service” substitute “the Director General of the Serious Organised Crime

Agency”.

172        

In section 331(5)(a) (required disclosure of information regarding money

laundering) for “the Director General of the National Criminal Intelligence

 

 

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

155

 

Service” substitute “the Director General of the Serious Organised Crime

Agency”.

173        

In section 332(5)(a) (required disclosure of information regarding money

laundering) for “the Director General of the National Criminal Intelligence

Service” substitute “the Director General of the Serious Organised Crime

5

Agency”.

174        

In section 336 (giving of consent by a nominated officer) in subsections

(2)(a), (3)(a) and (4)(a), for “the Director General of the National Criminal

Intelligence Service” substitute “the Director General of the Serious

Organised Crime Agency”.

10

175        

In section 340(13) (interpretation of references to constable) for “the Director

General of the National Criminal Intelligence Service” substitute “the

Director General of the Serious Organised Crime Agency”.

176        

In section 378(5) (interpretation of references to officers) for “the Director

General of the National Criminal Intelligence Service” substitute “the

15

Director General of the Serious Organised Crime Agency”.

177        

In section 436(5) (persons permitted to disclose information to the Director

of the Assets Recovery Agency) for paragraphs (b) and (c) substitute—

“(b)   

the Director General of the Serious Organised Crime

Agency;”.

20

178        

In section 439(5) (persons permitted to disclose information to the Lord

Advocate and Scottish Ministers) for paragraphs (b) and (c) substitute—

“(b)   

the Director General of the Serious Organised Crime

Agency;”.

179        

In section 445(2)(b) (external investigations) for “the Director General of the

25

National Criminal Intelligence Service” substitute “the Director General of

the Serious Organised Crime Agency”.

Police Reform Act 2002 (c. 30)

180        

The Police Reform Act 2002 has effect subject to the following

amendments.

30

181        

Omit section 8 (powers of Secretary of State in relation to NCIS and NCS).

182   (1)  

Section 38 (exercise of police powers by civilian employees) is amended as

follows.

      (2)  

Omit subsection (3).

      (3)  

In subsection (4) omit “or a Director General”.

35

      (4)  

In subsection (7) omit “or of a Service Authority”.

183        

In section 42 (supplementary provisions relating to exercise of police

powers) omit subsections (4) and (8).

184   (1)  

Section 45 (code of practice relating to exercise of police powers) is

amended as follows.

40

      (2)  

In subsection (1) omit “and by Directors General”.

      (3)  

In subsection (3) omit paragraphs (a), (b), (d) and (e).

 

 

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

156

 

      (4)  

In subsection (5) omit “or a Director General”.

185        

In section 47(1) (interpretation) omit the definitions of “Director General”

and “Service Authority”.

186   (1)  

Section 82 (police nationality requirements) is amended as follows.

      (2)  

In subsection (1) omit paragraph (c).

5

      (3)  

In subsection (2)—

(a)   

at the end of paragraph (a) insert “or”, and

(b)   

omit paragraph (c) and the word “or” before it.

      (4)  

In subsection (3)—

(a)   

at the end of paragraph (c) insert “and”, and

10

(b)   

omit paragraph (d).

      (5)  

In subsection (4) for “, Service or Squad” substitute “or Service”.

187        

Omit sections 85 to 91 (NCIS and NCS: general provisions).

188        

Omit section 93 (quorum for NCIS and NCS service authorities).

189   (1)  

Section 102 (liability for wrongful acts of constables) is amended as

15

follows.

      (2)  

In subsection (2) omit paragraphs (c) and (d).

      (3)  

In subsection (5) omit paragraphs (b) and (c).

190   (1)  

Section 103 (liability in respect of members of teams) is amended as

follows.

20

      (2)  

Omit subsections (2) and (3).

      (3)  

In subsection (6) omit “, the NCIS service fund or the NCS service fund,”.

191        

In Schedule 4 (powers exercisable by police civilians), in paragraph 36(1),

omit paragraph (b) and the word “and” before it.

Crime (International Co-operation) Act 2003 (c. 32)

25

192        

Omit section 85 (liability of NCIS in respect of foreign officers) of the Crime

(International Co-operation) Act 2003.

Courts Act 2003 (c. 39)

193        

In section 41(6)(c) of the Courts Act 2003 (disqualification of lay justices

who are members of local authorities) for “, the Service Authority for the

30

National Criminal Intelligence Service or the Service Authority for the

National Crime Squad” substitute “or the Serious Organised Crime

Agency”.

Sexual Offences Act 2003 (c. 42)

194        

The Sexual Offences Act 2003 has effect subject to the following

35

amendments.

195        

In section 94(3) (supply of information for verification) for paragraphs (c)

 

 

 
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