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
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)