|
| |
|
(a) | that adds any person to the list of persons who are for the |
| |
time being relevant public authorities for the purposes of this |
| |
| |
(b) | that by virtue of subsection (4)(b) amends or repeals any |
| |
| 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) |
| |
| |
“(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 |
| |
| |
138 (1) | Section 33 (rules for grant of authorisation) is amended as follows. |
| |
| 15 |
(a) | omit “, the National Criminal Intelligence Service or the National |
| |
| |
(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 |
| |
| |
| 25 |
(a) | omit “, the National Criminal Intelligence Service or the National |
| |
| |
(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,”. |
| |
| |
(a) | in paragraph (e) omit “and also of the National Criminal Intelligence |
| |
| 40 |
| |
139 (1) | Section 34 (grant of authorisations in absence of senior officer) is amended |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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;”. |
| |
| |
(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 |
| |
(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 |
| |
| 15 |
141 (1) | Section 36 (approval required for authorisations to take effect) is amended |
| |
| |
(2) | In subsection (1) for paragraphs (b) and (c) substitute— |
| |
“(b) | a member of the staff of the Serious Organised Crime |
| |
| 20 |
| |
(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 |
| |
| |
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 |
| |
| |
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 |
| |
| |
“(db) | the Serious Organised Crime Agency;”. |
| |
|
| |
|
| |
|
146 | In section 49(1)(e) (notices requiring disclosure) after “the police” (in both |
| |
| |
147 (1) | Section 51 (cases in which key required) is amended as follows. |
| |
| |
(a) | for “the police, the customs” substitute “the police, SOCA, the |
| 5 |
| |
(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 |
| |
| |
(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 |
| |
| |
150 | In section 56(1) (interpretation)— |
| 25 |
(a) | in the definition of “chief officer of police” omit paragraphs (j) and |
| |
| |
(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 |
| |
| |
151 | In section 58(1) (co-operation with Commissioner) for paragraphs (b) and |
| 35 |
| |
“(b) | every member of the staff of the Serious Organised Crime |
| |
| |
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) |
| |
| |
“(b) | every member of the staff of the Serious Organised Crime |
| |
| |
|
| |
|
| |
|
154 | In section 75(6) (authorisations under Part 3 of Police Act 1997) omit |
| |
| |
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 |
| |
| |
| |
(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”. |
| |
| |
(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 |
| |
| |
Football (Disorder) Act 2000 (c. 25) |
| |
158 | Omit section 2 of the Football (Disorder) Act 2000 (disclosure of information |
| 35 |
| |
Freedom of Information Act 2000 (c. 36) |
| |
159 | The Freedom of Information Act 2000 has effect subject to the following |
| |
| |
160 | In section 23(3) (bodies supplying information which is exempt) omit “and” |
| 40 |
|
| |
|
| |
|
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 |
| |
| 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 |
| |
| |
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. |
| |
| |
| |
(a) | at the end of paragraph (a) insert “and”, and |
| |
(b) | omit paragraph (c) and the word “and” before it. |
| 20 |
| |
166 (1) | Section 107 (payment of allowances to authority members) is amended as |
| |
| |
(2) | Omit subsection (1)(c). |
| |
| 25 |
167 | Omit sections 108 to 121 (provision about NCIS and NCS and their Service |
| |
| |
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 |
| |
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 |
| |
| |
172 | In section 331(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 |
| |
| |
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 |
| |
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 |
| |
| 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 |
| |
| 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 |
| |
| |
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 |
| |
| 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 |
| |
| |
| |
(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 |
| |
| 40 |
(2) | In subsection (1) omit “and by Directors General”. |
| |
(3) | In subsection (3) omit paragraphs (a), (b), (d) and (e). |
| |
|
| |
|
| |
|
(4) | In subsection (5) omit “or a Director General”. |
| |
185 | In section 47(1) (interpretation) omit the definitions of “Director General” |
| |
| |
186 (1) | Section 82 (police nationality requirements) is amended as follows. |
| |
(2) | In subsection (1) omit paragraph (c). |
| 5 |
| |
(a) | at the end of paragraph (a) insert “or”, and |
| |
(b) | omit paragraph (c) and the word “or” before it. |
| |
| |
(a) | at the end of paragraph (c) insert “and”, and |
| 10 |
| |
(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 |
| |
(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 |
| |
| 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. |
| |
| |
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 |
| |
| |
Sexual Offences Act 2003 (c. 42) |
| |
194 | The Sexual Offences Act 2003 has effect subject to the following |
| 35 |
| |
195 | In section 94(3) (supply of information for verification) for paragraphs (c) |
| |
|
| |
|