Serious Organised Crime and Police Bill

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Session 2004 - 05
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Serious Organised Crime and Police Bill

Serious Organised Crime and Police Bill
Schedule 13 — Abolition of Royal Parks Constabulary: Supplementary
Part 1 — Transfers to Metropolitan Police Authority
199

Schedule 13
Section 138

Abolition of Royal Parks Constabulary: Supplementary
Part 1
Transfers to Metropolitan Police Authority
Interpretation
5
1
In this Part of this Schedule—
“the Authority” means the Metropolitan Police Authority, and
“transfer scheme” means a scheme made by the Secretary of State
under this Schedule.
Establishment of eligibility for transfer
10
2
The Secretary of State may by regulations impose requirements in relation
to persons serving as park constables with the Royal Parks Constabulary for
the purpose of establishing whether they are eligible—
(a)
to be employed by the Authority, or
(b)
to serve as a members of the police force for the metropolitan police
15
district.
3     (1)
The Secretary of State may terminate the Crown employment of any
person who fails to comply with or satisfy any requirement imposed in
relation to him by regulations made under paragraph 2.
      (2)
A person whose Crown employment is terminated under sub-paragraph
20
(1) is not to be treated (whether for the purposes of any enactment or
otherwise) as being dismissed by virtue of that termination.
Relevant persons
4     (1)
A transfer scheme may provide for any relevant person to become an
employee of the Authority on the appointed day.
25
      (2)
The scheme may make provision—
(a)
for the termination of the relevant person’s Crown employment on
the appointed day,
(b)
as to the terms and conditions which are to have effect as the terms
and conditions of the relevant person’s contract of employment with
30
the Authority,
(c)
transferring to the Authority the rights, powers, duties and
liabilities of the employer under or in connection with the relevant
person’s Crown employment,
(d)
for things done before the appointed day by or in relation to the
35
employer in respect of the relevant person or his Crown employment
to be treated from that day as having been done by or in relation to
the Authority,
(e)
for the period during which the relevant person has been in Crown
employment to count as a period of employment with the Authority
40
(and for the operation of the transfer scheme not to be treated as
having interrupted the continuity of that employment), and

Serious Organised Crime and Police Bill
Schedule 13 — Abolition of Royal Parks Constabulary: Supplementary
Part 2 — Amendments
200

(f)
for the termination of the Crown employment of a relevant person
who would otherwise be transferred by the scheme but who has
informed the Secretary of State that he does not wish to be so
transferred.
      (3)
The scheme may provide for a person who would be treated (whether by an
5
enactment or otherwise) as being dismissed by the operation of the scheme
not to be so treated.
5     (1)
A transfer scheme may provide for the appointment as a member of the
police force for the metropolitan police district of any relevant person who
becomes an employee of the Authority by virtue of the scheme.
10
      (2)
The appointment does not take effect until the person has been attested as
a constable for the metropolitan police district in accordance with section 29
of the Police Act 1996 (c. 16).
      (3)
On being so attested his contract of employment with the Authority is
terminated by virtue of this sub-paragraph.
15
      (4)
He is not to be treated (whether for the purposes of any enactment or
otherwise) as being dismissed by virtue of the operation of sub-paragraph
(3).
Property, rights and liabilities, etc.
6     (1)
The transfer scheme may provide for the transfer of property, rights and
20
liabilities of the Secretary of State to the Authority on the appointed day.
      (2)
The scheme may include provision for anything (including any legal
proceedings) which relates to anything transferred by virtue of sub-
paragraph (1) to be continued from the appointed day by or in relation to the
Authority.
25
Termination of employment
7
The Secretary of State may by regulations make provision as to the
consequences of the termination of a person’s Crown employment under
paragraph 3(1) or by a transfer scheme (including provision removing any
entitlement to compensation which might otherwise arise in such
30
circumstances).
Part 2
Amendments
Royal Parks (Trading) Act 2000 (c. 13)
8
In section 4 of the Royal Parks (Trading) Act 2000 (seizure of property) after
35
subsection (3) add—
“(4)
In the application of this section to a specified park—
(a)
the reference in subsection (1) to a park constable has effect
as a reference to a constable, and
(b)
subsections (2) and (3) do not apply.
40

Serious Organised Crime and Police Bill
Schedule 13 — Abolition of Royal Parks Constabulary: Supplementary
Part 2 — Amendments
201

(5)
In subsection (4) “specified park” has the same meaning as in section
139 of the Serious Organised Crime and Police Act 2005.”
Regulation of Investigatory Powers Act 2000 (c. 23)
9
In Schedule 1 to the Regulation of Investigatory Powers Act 2000 (relevant
authorities) omit paragraph 27D and the cross-heading before it.
5
Police Reform Act 2002 (c. 30)
10
The Police Reform Act 2002 has effect subject to the following
amendments.
11    (1)
Section 82 (police nationality requirements) is amended as follows.
      (2)
In subsection (1)—
10
(a)
at the end of paragraph (e) insert “or”, and
(b)
omit paragraph (f).
      (3)
In subsection (3)(e) for “the Civil Nuclear Constabulary or the Royal Parks
Constabulary” substitute “or the Civil Nuclear Constabulary”.
      (4)
Omit subsection (5).
15
12    (1)
Schedule 4 (powers exercisable by police civilians) is amended as follows.
      (2)
In paragraph 2(6) after paragraph (aa) insert—
“(ab)
an offence committed in a specified park which by virtue
of section 2 of the Parks Regulation (Amendment) Act 1926
is an offence against the Parks Regulation Act 1872; or”.
20
      (3)
After paragraph 7 insert—
“Park Trading offences
7A    (1)
This paragraph applies if—
(a)
a designation applies it to any person (“the CSO”), and
(b)
the CSO has under paragraph 2(3) required another
25
person (“P”) to wait with him for the arrival of a
constable.
      (2)
If the CSO reasonably suspects that P has committed a park
trading offence, the CSO may take possession of anything of a
non-perishable nature which—
30
(a)
P has in his possession or under his control, and
(b)
the CSO reasonably believes to have been used in the
commission of the offence.
      (3)
The CSO may retain possession of the thing in question for a
period not exceeding 30 minutes unless P makes an election under
35
paragraph 2(4), in which case the CSO may retain possession of
the thing in question until he is able to transfer control of it to a
constable.
      (4)
In this paragraph “park trading offence” means an offence
committed in a specified park which is a park trading offence for
40
the purposes of the Royal Parks (Trading) Act 2000.”

Serious Organised Crime and Police Bill
Schedule 14 — Amendments of Part 5 of Police Act 1997
202

      (4)
In paragraph 36 after sub-paragraph (3) insert—
   “(3A)
In this Schedule “specified park” has the same meaning as in
section 139 of the Serious Organised Crime and Police Act
2005.”
Schedule 14
5
Section 140

Amendments of Part 5 of Police Act 1997
1
Part 5 of the Police Act 1997 (certificates of criminal records etc.) is amended
as follows.
2
In section 114(3) for “Section 113(3) to (5)” substitute “Sections 113A(3) to (6)
and 113C to 113F”.
10
3
In section 116—
(a)
in the application to Scotland of subsection (2)(b) for “to which
subsection (3) or (4) of section 115 applies” substitute “of such
description as may be prescribed”;
(b)
in subsection (3) for “Section 115(6) to (10)” substitute “Sections
15
113B(3) to (11) and 113C to 113F”.
4
In section 119—
(a)
in subsection (1A) for “section 113(3A) or (3C) or (3EA) or (3EC)”
substitute “section 113C(3) or 113D(3)”;
(b)
in subsection (2) for “115” substitute “113B”.
20
5
In section 119A(2) for the words from “under” to “adults)” substitute “in a
list mentioned in section 113C(3) or 113D(3)”.
6
In section 120—
(a)
in subsection (3)(b) for “113 or 115” substitute “113A or 113B”;
(b)
in subsection (5)(b) for “113 or 115” substitute “113A or 113B”;
25
(c)
in subsection (7) for “113” substitute “113A”.
7
In section 120ZA(4)(b) for “113 or 115” substitute “113A or 113B”.
8
In section 120A (as inserted by section 134(1) of the Criminal Justice and
Police Act 2001 (c. 16))—
(a)
in subsection (3)(b) for “section 113(3A) or (3C) or (3EA) or (3EC)”
30
substitute “section 113C(3) or 113D(3)”;
(b)
in subsection (5) for “113” substitute “113A”.
9
In section 120A (as inserted by section 70 of the Criminal Justice (Scotland)
Act 2003 (asp 7))—
(a)
in subsection (3)(a) for “113” substitute “113A”;
35
(b)
in subsection (3)(b) for “113(3C)” substitute “113C(3) or 113D(3)”.
10
In section 121 for “under section 114(2), 115(4) or (10), 116(2), 122(1) or (2) or
125” substitute “in relation to the making of regulations or orders”.
11
In section 122(3) and (4)(b) for “113 or 115” substitute “113A or 113B”.
12
In section 124—
40

Serious Organised Crime and Police Bill
Schedule 15 — Private Security Industry Act 2001: Scottish extent
203

(a)
in subsections (1), (2), (3), (4) and (6) for “113 or 115” substitute
“113A or 113B”;
(b)
in subsection (5) for “115(8)” substitute “113B(5)”;
(c)
in subsection (6)(e) for “113” substitute “113A”.
13
In section 124B—
5
(a)
in subsection (1) for “113” substitute “113A”;
(b)
in subsection (3) for “113(5)” substitute “113A(6)”.
Schedule 15
Section 147

Private Security Industry Act 2001: Scottish extent
1
The Private Security Industry Act 2001 is amended as follows.
10
2
In section 2 (directions etc. by the Secretary of State)—
(a)
in subsection (2), the existing words “shall consult the Authority”
become paragraph (a) and after that paragraph add “and
(b)
where any of those directions relates wholly or
mainly to the exercise of the Authority’s activities in
15
or as regards Scotland, shall obtain the consent of the
Scottish Ministers.”; and
(b)
in subsection (3), the existing words “the Secretary of State with
such information about its activities as he may request” become
paragraph (a) and after that paragraph add “and
20
(b)
the Scottish Ministers with such information about
its activities in or as regards Scotland as they may
request.”
3
After section 2 insert—
“2A
Authority to be treated as cross-border public authority etc. for
25
certain purposes
(1)
For the purposes of—
(a)
section 5(5B) of the Parliamentary Commissioner Act 1967
(restriction on investigatory powers of Parliamentary
Commissioner for Administration);
30
(b)
section 23(2)(b) of the Scotland Act 1998 (power of Scottish
Parliament to require persons outside Scotland to give
evidence or produce documents);
(c)
section 70(6) of that Act of 1998 (accounts prepared by cross-
border authorities);
35
(d)
section 91(3)(d) of that Act of 1998 (provision for
investigation of certain complaints); and
(e)
section 7(5) of the Scottish Public Services Ombudsman Act
2002 (restriction on investigatory powers of ombudsman),

the Authority is to be treated as a cross-border public authority
40
within the meaning of that Act of 1998.
(2)
References in the Scottish Public Services Ombudsman Act 2002 to
a listed authority are to be construed as including references to that
Authority.”

Serious Organised Crime and Police Bill
Schedule 15 — Private Security Industry Act 2001: Scottish extent
204

4
In section 7 (licensing criteria), after subsection (5) insert—
“(5A)
Before giving approval under subsection (5), the Secretary of State
shall consult the Scottish Ministers.”
5
In section 11 (appeals in licensing matters)—
(a)
in subsection (1), after “court” insert “(in Scotland, to the sheriff)”;
5
(b)
in subsection (4), the existing words from “a magistrates’” to
“Crown Court” become paragraph (a) and after that paragraph insert
“or
(b)
the sheriff makes a decision on an appeal under that
subsection, an appeal to the Sheriff Principal,”; and
10
(c)
in subsection (6)(d), the existing words from “the appropriate” to the
end become sub-paragraph (i) and after that sub-paragraph add “or
“(ii)
the sheriff or the Sheriff Principal may direct
pending an appeal from a determination
made on an appeal to the sheriff.”
15
6
In section 13 (licensing at local authority level), at the end add—
“(8)
This section does not apply to Scotland.”
7
In section 15(1) (duty to secure arrangements are in force for granting
certain approvals), at the end of paragraph (a) add “or in Scotland”.
8
In section 18 (appeals relating to approvals)—
20
(a)
in subsection (1), after “court” insert “(in Scotland, to the sheriff)”;
(b)
in subsection (4), the existing words from “a magistrates’” to
“Crown Court” become paragraph (a) and after that paragraph insert
“or
(b)
the sheriff makes a decision on an appeal under that
25
subsection, an appeal to the Sheriff Principal,”; and
(c)
in subsection (5)(d), the existing words from “the appropriate” to the
end become sub-paragraph (i) and after that sub-paragraph add “or
(ii)
the sheriff or the Sheriff Principal may direct
pending an appeal from a determination
30
made on an appeal to the sheriff.”
9
In section 23 (criminal liability of directors etc.), the existing words become
subsection (1) and after that subsection add—
“(2)
Where an offence under any provision of this Act is committed by
a Scottish partnership and is proved to have been committed with
35
the consent or connivance of, or to be attributable to any neglect on
the part of—
(a)
a partner; or
(b)
any person who was purporting to be a partner,

he (as well as the partnership) shall be guilty of that offence and
40
liable to be proceeded against and punished accordingly.”
10
In section 24 (consultation with Security Industry Authority before making
orders or regulations etc.)—

Serious Organised Crime and Police Bill
Schedule 15 — Private Security Industry Act 2001: Scottish extent
205

(a)
after subsection (1) insert—
“(1A)
But in Scotland “prescribed” in paragraph 8(3)(g) of
Schedule 2 to this Act includes prescribed by regulations
made by the Scottish Ministers.”;
(b)
in subsection (2), after “Secretary of State” insert “or the Scottish
5
Ministers”;
(c)
in subsection (3), after paragraph (b) insert “or
(c)
regulations made by the Scottish Ministers,”;
(d)
after subsection (3) insert—
“(3A)
A statutory instrument containing regulations made by the
10
Scottish Ministers shall be subject to annulment in pursuance
of a resolution of the Scottish Parliament.”; and
(e)
in subsection (4), after “consult” insert “the Scottish Ministers
(except where the order is made by virtue of section 3(2)(j)) and”.
11
In section 26(4) (general provision as regards extent), after “Wales” insert
15
“and to Scotland”.
12
In Schedule 1 (The Security Industry Authority)—
(a)
in paragraph 1 (membership and chairman), at the end add—
    “(4)
Before appointing the chairman, the Secretary of State
shall consult the Scottish Ministers.”;
20
(b)
in paragraph 3 (removal from office), the existing words become
sub-paragraph (1) and after that sub-paragraph insert—
    “(2)
Before removing a person from office as chairman of the
Authority, the Secretary of State shall consult the Scottish
Ministers.”;
25
(c)
in paragraph 6 (staff etc.), after sub-paragraph (2) insert—
   “(2A)
Before giving consent under sub-paragraph (2), the
Secretary of State shall consult the Scottish Ministers.”;
(d)
in paragraph 14 (money), after sub-paragraph (1) insert—
   “(1A)
The Scottish Ministers may make payments to the
30
Authority out of the Scottish Consolidated Fund in relation
to the exercise by the Authority of its functions in or as
regards Scotland.”;
(e)
in paragraph 16 (accounts)—
(i)
in sub-paragraph (3), after second “State” insert “, to the
35
Scottish Ministers”; and
(ii)
after sub-paragraph (3) insert—
   “(3A)
The Scottish Ministers shall present documents received
by them under sub-paragraph (3) to the Scottish
Parliament.”; and
40
(f)
in paragraph 17 (annual report)—
(i)
in sub-paragraph (1), after “State” insert “and to the Scottish
Ministers”; and
(ii)
at the end add—
    “(3)
The Scottish Ministers shall lay a copy of each such report
45
before the Scottish Parliament.”