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 15 — Private Security Industry Act 2001: Scottish extent
206

13
In Schedule 2 (activities liable to control under the Private Security
Industry Act 2001 (c. 12))—
(a)
in paragraph 3 (immobilisation of vehicles), at the end add—
    “(4)
This paragraph does not apply to any activities carried
out in Scotland.”;
5
(b)
in paragraph 4 (private investigations), after sub-paragraph (4)
insert—
   “(4A)
This paragraph does not apply to any activities of a
person who is an advocate or solicitor in Scotland in the
provision of legal services—
10
(a)
by him;
(b)
by any firm of which he is a partner or by which he
is employed;
(c)
by any body corporate of which he is a director or
member or by which he is employed.”;
15
(c)
after paragraph 4 insert—
“Taking precognitions
4A    (1)
This paragraph applies (subject to sub-paragraph (2)) to
the taking, other than on behalf of the Crown, of a
precognition for the purposes of, or in anticipation of—
20
(a)
criminal or civil proceedings in Scotland; or
(b)
proceedings on an application under section 65(7)
or (9) of the Children (Scotland) Act 1995.
      (2)
This paragraph does not apply to any activities of a person
who is an advocate or solicitor in Scotland.”;
25
(d)
in paragraph 8(2) (door supervisors etc. for public houses, clubs and
comparable venues) after paragraph (e) add—
“(f)
any premises specified in a public house licence
(within the meaning of the Licensing (Scotland) Act
1976) which is for the time being in force;
30
(g)
any premises specified in an hotel licence (within
the meaning of that Act) which is for the time being
in force;
(h)
any premises specified in an entertainment licence
(within the meaning of that Act) which is for the
35
time being in force if they comprise a dance hall;
(i)
any premises comprised in a place to which an
occasional licence granted under section 33(1) of
that Act (occasional licence for premises other than
licensed premises or clubs) to the holder of a public
40
house licence or hotel licence extends;
(j)
any premises comprised in a place to which an
occasional permission granted under section 34(1)
of that Act (occasional permission for sale of
alcohol in the course of catering for events arising
45
from or related to the activities of a voluntary
organisation) extends;
(k)
any premises comprised in a place or class of place
for the time being specified by resolution under

Serious Organised Crime and Police Bill
Schedule 16 — Repeals and revocations
Part 2 — Other repeals and revocations
207

section 9(5)(b) of the Civic Government (Scotland)
Act 1982 (resolution specifying place or class of
place falling to be licensed if to be used as place of
public entertainment);
(l)
any premises comprised in a place where an
5
activity for the time being designated under section
44(1) of that Act (additional activities for which a
licence is required) is carried on provided that, in
the case of an activity designated under paragraph
(a) of that section, the requisite resolution under
10
section 9 of that Act has been obtained;”; and
(e)
after paragraph 9 add—
“Taking precognitions
10
This paragraph applies to any activities which are
activities of a security operative by virtue of paragraph 4A
15
of this Schedule.”
Schedule 16
Section 150

Repeals and revocations
Part 1
Repeals coming into force on Royal Assent
20

Short title and chapter
Extent of repeal

Police Reform Act 2002 (c. 30)
Section 95.

In Schedule 8, the reference to section 5 of the

Police (Health and Safety) Act 1997 (c. 42).

Part 2
25
Other repeals and revocations

Short title and chapter or title and
Extent of repeal or revocation

number

Public Stores Act 1875 (c. 25)
Section 12(1).

Army Act 1955 (3 & 4 Eliz. 2
Section 83BC(2)(k).

30

c. 18)

Air Force Act 1955
Section 83BC(2)(k).

(3 & 4 Eliz. 2 c. 19)

Naval Discipline Act 1957
Section 52IJ(2)(k).

(c. 53)

35

Public Records Act 1958 (c. 51)
In Schedule 1, in Part 2 of the Table at the end of

paragraph 3, the entries relating to the Service

Authorities for the National Crime Squad and

the National Criminal Intelligence Service.

Serious Organised Crime and Police Bill
Schedule 16 — Repeals and revocations
Part 2 — Other repeals and revocations
208

Short title and chapter or title and
Extent of repeal or revocation

number

Trustee Investments Act 1961
In section 11(4), in paragraph (a), the words “,

(c. 62)
the Service Authority for the National Crime

Squad”, and paragraph (e).

5

In Part 2 of Schedule 1, paragraph 9(da).

Parliamentary Commissioner
In Schedule 2, the entries relating to the Service

Act 1967 (c. 13)
Authorities for the National Crime Squad and

the National Criminal Intelligence Service.

Police (Scotland) Act 1967
In section 33, in subsections (3) and (4), the

10

(c. 77)
words “and the National Criminal

Intelligence Service”.

Section 38A(1)(ba).

In section 41(4)(a), the words “or by a member

of the National Criminal Intelligence Service

15

or of the National Crime Squad”.

Leasehold Reform Act 1967
Section 28(5)(bc).

(c. 88)

Port of London Act 1968
In section 2, the definition of “arrestable

(c. cxxxii)
offence”.

20

Employment Agencies Act
In section 13(7)(f), the words “, the Service

1973 (c. 35)
Authority for the National Criminal

Intelligence Service, the Service Authority for

the National Crime Squad”.

House of Commons
Section 1(1)(da).

25

Disqualification Act 1975
In Schedule 1, in Part 2, the entries relating to

(c. 24)
the Service Authorities for the National

Crime Squad and the National Criminal

Intelligence Service.

Northern Ireland Assembly
Section 1(1)(da).

30

Disqualification Act 1975
In Schedule 1, in Part 2, the entries relating to

(c. 25)
the Service Authorities for the National

Crime Squad and the National Criminal

Intelligence Service.

Sex Discrimination Act 1975
In section 17(7), in the definition of “chief officer

35

(c. 65)
of police”, paragraph (aa), in the definition of

“police authority”, paragraph (aa) and, in the

definition of “police fund” the words from “,

in relation to” (in the second place where they

occur) to “the Police Act 1997”.

40

Police Pensions Act 1976
In section 11(5), in paragraph (a) of the

(c. 35)
definition of “central service”, “(ca), (cb),”.

Race Relations Act 1976 (c. 74)
In section 76B, subsection (1) and, in subsection

(2), the word “also”.

In Schedule 1A, in Part 1, paragraphs 59 and 60

45

and, in Part 3, the entry relating to the

Director General of the National Crime

Squad.

Serious Organised Crime and Police Bill
Schedule 16 — Repeals and revocations
Part 2 — Other repeals and revocations
209

Short title and chapter or title and
Extent of repeal or revocation

number

Health and Safety at Work
In Article 47A(2), sub-paragraph (b).

(Northern Ireland) Order

1978 (S.I. 1978/1039 (N.I. 9))

5

Stock Transfer Act 1982 (c. 41)
In Schedule 1, in paragraph 7(1), paragraph (bb)

and the word “or” before it.

Police and Criminal Evidence
Section 5(1A).

Act 1984 (c. 60)
In section 15(2)(a)(i), the word “and” at the end.

Section 25.

10

Section 55(14A).

In section 66(1)(a)(i), the word “or” at the end.

Section 116.

In section 118(1), the definition of “arrestable

offence”.

15

Schedule 1A.

Schedule 5.

In Schedule 6, paragraph 17.

Prosecution of Offences Act
In section 3(3), in the definition of “police force”,

1985 (c. 23)
the words “, the National Crime Squad”.

20

Ministry of Defence Police Act
In section 2B(3), in the definitions of “chief

1987 (c. 4)
officer” and “relevant force”, paragraphs (c)

and (d).

Criminal Justice Act 1988
Section 140(1)(a) and (b).

(c. 33)
In Schedule 15, paragraph 102.

25

Road Traffic Act 1988 (c. 52)
In section 124(2), the definitions of “chief officer

of police”, “police authority” and “police

force”.

Section 144(2)(ba).

Road Traffic (Consequential
In Schedule 3, paragraph 27(5).

30

Provisions) Act 1988 (c. 54)

Aviation and Maritime
In section 22(4)(b), sub-paragraph (iii) and the

Security Act 1990 (c. 31)
word “or” before it.

In Schedule 3, paragraph 8.

Road Traffic Act 1991 (c. 40)
In Schedule 4, paragraph 39.

35

Local Government Finance Act
In section 43(7)(b), “, (5A)”.

1992 (c. 14)

Tribunals and Inquiries Act
In section 7(2), after “36A”, “(a) or (b)”.

1992 (c. 53)
In Schedule 1, in paragraph 36A, “(a)” and sub-

paragraph (b).

40

Criminal Justice and Public
Section 85(3).

Order Act 1994 (c. 33)
In Schedule 10, paragraph 59.

Drug Trafficking Act 1994
In Schedule 1, paragraph 9 and, in paragraph

(c. 37)
25, the words “section 9(6) of” and the words

after “1990”.

45

Criminal Appeal Act 1995
In section 22(2), in paragraph (a), the words “,

(c. 35)
the National Crime Squad”, paragraph (b)(ii)

and paragraphs (d) and (e).

Serious Organised Crime and Police Bill
Schedule 16 — Repeals and revocations
Part 2 — Other repeals and revocations
210

Short title and chapter or title and
Extent of repeal or revocation

number

Criminal Procedure
In Schedule 4, paragraph 76(2).

(Consequential Provisions)

(Scotland) Act 1995 (c. 40)

5

Disability Discrimination Act
In the section 64A inserted by the Disability

1995 (c. 50)
Discrimination Act 1995 (Amendment)

Regulations 2003 (S.I. 2003/1673), in

subsection (7), in the definitions of “chief

officer of police”, “police authority” and

10

“police fund”, paragraph (b).

Police Act 1996 (c. 16)
Section 23(8).

Section 24(5).

In section 54(2), the words “the National

Criminal Intelligence Service and the

15

National Crime Squad”.

Section 55(7).

Section 59(8).

Section 60(2A).

Section 61(1)(aa) and (ba).

20

In section 62, subsection (1)(aa) and (ab), the

subsection (1A) inserted by paragraph 82(2)

of Schedule 9 to the Police Act 1997, and

subsections (1B) and (1C).

In section 63, subsections (1A) and (1B).

25

In section 64, subsections (4A) and (4B).

In section 88(5)(b), the words “or section 23 of

the Police Act 1997”.

In section 89(4)(a), the words “or by a member

of the National Criminal Intelligence Service

30

or of the National Crime Squad”.

Section 97(1)(ca) and (cb).

In section 98, in subsections (2) and (3), the

words “or the Director General of the

National Crime Squad” and “or the National

35

Crime Squad”, subsection (3A), in subsection

(4) the words “or the National Crime Squad”

and “or the Director General of the National

Crime Squad”, in subsection (5) the words “or

the National Crime Squad” (in both places)

40

and “or the Director General of the National

Crime Squad” and subsection (6A).

Employment Rights Act 1996
Section 50(2)(ca).

(c. 18)

Juries (Northern Ireland) Order
In Schedule 2, the entry relating to members of

45

1996 (S.I. 1996/1141 (N.I. 6))
the National Criminal Intelligence Service,

members of the Service Authority for the

National Criminal Intelligence Service and

persons employed by the Authority.

Employment Rights (Northern
Article 67KA(3)(b).

50

Ireland) Order 1996 (S.I.
Article 72A(2)(b).

1996/1919 (N.I. 16))
Article 169A(2)(b).

Serious Organised Crime and Police Bill
Schedule 16 — Repeals and revocations
Part 2 — Other repeals and revocations
211

Short title and chapter or title and
Extent of repeal or revocation

number

Police (Health and Safety) Act
In section 5(3), in the definition of “relevant

1997 (c. 42)
authority” paragraphs (c) and (d), in the

definition of “relevant fund” paragraphs (b)

5

and (c) and, in the definition of “responsible

officer”, paragraph (b).

Police Act 1997 (c. 50)
Sections 1 to 87.

Sections 89 and 90.

In section 93(6), paragraphs (d) and (e).

10

In section 94, in subsection (1) paragraph (c) and

the word “or” before it and subsections (3)

and (4)(c).

In section 111, in subsection (1), paragraphs (c)

and (d), in subsection (2), paragraphs (d) and

15

(e) and, in subsection (3), paragraphs (c) and

(d).

Section 113.

Section 115.

In section 125 as it applies to Scotland,

20

subsection (3) and, in subsection (4), the

words “to which subsection (3) does not

apply”.

In section 137(2), paragraphs (b) and (c).

Schedules 1 to 2A.

25

In Schedule 9, paragraphs 1, 4 to 6, 11, 14(b), 15,

16, 20, 26, 29(2), 30(2), 31, 44, 46 to 48, 54, 58 to

62, 69, 70, 71(2)(a), (c), (d) and (3), 73, 74, 76,

77, 79 to 84, 86(3) and (4), 87, 88 and 92.

Police (Health and Safety)
In Article 7(3), in the definition of “the relevant

30

(Northern Ireland) Order
authority”, sub-paragraph (b), in the

1997 (S.I. 1997/1774 (N.I. 6))
definition of “the relevant fund”, sub-

paragraph (a) and, in the definition of “the

responsible officer”, sub-paragraph (b).

Police (Northern Ireland) Act
Section 27(1)(b).

35

1998 (c. 32)
In section 42, in subsection (1) “, (3)”, and

subsection (7).

In Schedule 4, paragraph 22.

Crime and Disorder Act 1998
In section 1C, subsections (6) to (8).

(c. 37)
Section 113.

40

Protection of Children Act 1999
Section 8.

(c. 14)

Terrorism Act 2000 (c. 11)
In Schedule 15, paragraph 5(11).

Care Standards Act 2000
Section 90.

(c. 14)
Section 102.

45

Section 104.

In Schedule 4, paragraph 25.

Serious Organised Crime and Police Bill
Schedule 16 — Repeals and revocations
Part 2 — Other repeals and revocations
212

Short title and chapter or title and
Extent of repeal or revocation

number

Regulation of Investigatory
In section 33, in subsection (1) the words “, the

Powers Act 2000 (c. 23)
National Criminal Intelligence Service or the

National Crime Squad” and “, Service or

5

Squad”, in subsection (3) the words “, the

National Criminal Intelligence Service or the

National Crime Squad” and (in both places) “,

Service or Squad” and, in subsection (6), in

paragraph (e) the words “and also of the

10

National Criminal Intelligence Service” and

paragraph (f).

In section 34, subsections (5) and (6)(c).

In section 45(6), paragraphs (d) and (e).

In section 56(1), in the definition of “chief officer

15

of police”, paragraphs (j) and (k)

Section 75(6)(b).

In section 76A(11)(c) the words “the National

Crime Squad or”.

In Schedule 1, paragraph 27D and the cross-

20

heading before it.

In Schedule 4, paragraph 8(4)(c) and (5).

Football (Disorder) Act 2000
Section 2.

(c. 25)

Police (Northern Ireland) Act
In Schedule 6, in paragraph 20, sub-paragraphs

25

2000 (c. 32)
(4) to (7).

Freedom of Information Act
In section 23(3), the word “and” at the end of

2000 (c. 36)
paragraph (k).

In Schedule 1, in Part 6, the entries relating to

the National Crime Squad and the Service

30

Authority for the National Crime Squad.

Criminal Justice and Court
In Schedule 7, paragraph 77.

Services Act 2000 (c. 43)

Health and Social Care Act
Section 19.

2001 (c. 15)

35

Criminal Justice and Police Act
In section 104, subsection (3), in subsection (4)

2001 (c. 16)
paragraph (c) and the word “and” before it,

and subsection (8).

In section 107, subsections (1)(c) and (4).

Sections 108 to 121.

40

Section 138(6)(d).

In Schedule 4, paragraph 7(3)(b).

Schedule 5.

In Schedule 6, paragraphs 1 to 21, 55, 56, 60, 61

and 77.

45

Regulation of Care (Scotland)
In Schedule 3, paragraph 21.

Act 2001 (asp 8)

International Development Act
In Schedule 3, paragraphs 3(3), 11(3) and 12(3).

2002 (c. 1)