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
Part 5 — Miscellaneous
101

(8)
The Secretary of State may make regulations prescribing, varying or
revoking exceptions for the purposes of subsection (6).
(9)
In this section “registration document” mean a registration document
issued in accordance with regulations under section 22(1)(e).”
137
Power to seize etc. vehicles driven without insurance
5
After section 165 of the Road Traffic Act 1988 (c. 52) insert—
“165A
Power of constables to seize vehicles driven without insurance
(1)
Subsection (3) applies where—
(a)
a constable in uniform requires, under section 165, a person to
produce evidence that a motor vehicle is insured,
10
(b)
the person fails to produce such evidence, and
(c)
the constable has reasonable grounds for believing that the
vehicle is being, or has been, driven in contravention of section
143.
(2)
Subsection (3) also applies where—
15
(a)
a constable in uniform requires, under section 163, a person
driving a motor vehicle to stop the vehicle,
(b)
the person fails to stop the vehicle, or to stop the vehicle long
enough for the constable to make such lawful enquiries as he
considers appropriate, and
20
(c)
the constable has reasonable grounds for believing that the
vehicle is being, or has been, driven in contravention of section
143.
(3)
Where this subsection applies, the constable may—
(a)
seize the vehicle in accordance with subsections (4) and (5) and
25
remove it;
(b)
enter, for the purpose of exercising a power falling within
paragraph (a), any premises (other than a private dwelling
house) on which he has reasonable grounds for believing the
vehicle to be;
30
(c)
use reasonable force, if necessary, in the exercise of any power
conferred by paragraph (a) or (b).
(4)
Before seizing the motor vehicle, the constable must warn the person
appearing to drive, or to have driven, the vehicle in contravention of
section 143 that he will seize it if the person does not provide him
35
immediately with evidence that the vehicle is insured.

But the constable is not required to give such a warning if the
circumstances make it impracticable for him to do so.
(5)
If the constable is unable to seize the vehicle immediately because the
person driving the vehicle has failed to stop as requested or has driven
40
off, he may seize it at any time within the period of 24 hours beginning
with the time at which the conditions in subsection (1) or (2) are first
met.
(6)
The powers conferred on a constable by this section are exercisable only
at a time when regulations under section 165B are in force.
45

Serious Organised Crime and Police Bill
Part 5 — Miscellaneous
102

(7)
In this section—
(a)
a reference to a motor vehicle does not include an invalid
carriage;
(b)
a reference to evidence that a motor vehicle is insured is a
reference to a document or other evidence within section
5
165(2)(a);
(c)
“private dwelling house” does not include any garage or other
structure occupied with the dwelling house, or any land
appurtenant to the dwelling house.
165B
Retention etc. of vehicles seized under section 165A
10
(1)
The Secretary of State may by regulations make provision as to—
(a)
the removal and retention of motor vehicles seized under
section 165A; and
(b)
the release or disposal of such motor vehicles.
(2)
Regulations under subsection (1) may, in particular, make provision—
15
(a)
for the giving of notice of the seizure of a motor vehicle under
section 165A to a person who is the registered keeper, the owner
or the driver of that vehicle;
(b)
for the procedure by which a person who claims to be the
registered keeper or the owner of a motor vehicle seized under
20
section 165A may seek to have it released;
(c)
for requiring the payment, by the registered keeper, owner or
driver of the vehicle, of fees, charges or costs in relation to the
removal and retention of such a motor vehicle and to any
application for its release;
25
(d)
as to the circumstances in which a motor vehicle seized under
section 165A may be disposed of;
(e)
as to the destination—
(i)
of any fees or charges payable in accordance with the
regulations;
30
(ii)
of the proceeds (if any) arising from the disposal of a
motor vehicle seized under section 165A;
(f)
for the delivery to a local authority, in circumstances prescribed
by or determined in accordance with the regulations, of any
motor vehicle seized under section 165A.
35
(3)
Regulations under subsection (1) must provide that a person who
would otherwise be liable to pay any fee or charge under the
regulations is not liable to pay it if—
(a)
he was not driving the motor vehicle at the time in question, and
(b)
he did not know that the vehicle was being driven at that time,
40
had not consented to its being driven and could not, by the
taking of reasonable steps, have prevented it from being driven.
(4)
In this section—
“local authority”—
(a)
in relation to England, means—
45
(i)
a county council,
(ii)
the council of a district comprised in an area for
which there is no county council,

Serious Organised Crime and Police Bill
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(iii)
a London borough council,
(iv)
the Common Council of the City of London, or
(v)
Transport for London;
(b)
in relation to Wales, means the council of a county or
county borough; and
5
(c)
in relation to Scotland, means a council constituted
under section 2 of the Local Government etc. (Scotland)
Act 1994;
“registered keeper”, in relation to a motor vehicle, means the
person in whose name the vehicle is registered under the
10
Vehicle Excise and Registration Act 1994.”
138
Payments by Secretary of State to police authorities in relation to the
prevention, detection and enforcement of certain traffic offences
(1)
The Secretary of State may make payments in respect of the whole or any part
of the expenditure of a police authority in relation to—
15
(a)
the prevention and detection of offences to which subsection (3)
applies, or
(b)
any enforcement action or proceedings in respect of such offences or
any alleged such offences.
(2)
Payments under this section shall be made at such times, in such manner and
20
subject to such conditions as the Secretary of State may determine.
(3)
This subsection applies to offences committed in England and Wales under the
following provisions—
Road Traffic Act 1988 (c. 52)
section 14 (requirements regarding seat belts: adults);
25
section 15(2) and (4) (restriction on carrying children not wearing seat
belts in motor vehicles);
section 42 (motor vehicles and trailers: other construction and use
requirements) in relation to the construction and use requirements
imposed by the following regulations—
30
(a)
regulations 54, 57, 104 and 110 of the Road Vehicles
(Construction and Use) Regulations 1986 (S.I. 1986/1078);
(b)
regulations 11(1) and 25 of the Road Vehicles Lighting
Regulations 1989 (S.I. 1989/1796);
section 47 (obligatory test certificates for motor vehicles);
35
section 87(1) (drivers of motor vehicles to have driving licences);
section 143 (users of motor vehicles to be insured or secured against third-
party risks);
section 163 (power of police to stop vehicles);
section 172 (duty to give information as to the identity of driver etc. in
40
certain circumstances);
Vehicle Excise and Registration Act 1994 (c. 22)
section 33 (not exhibiting vehicle licence);
section 42 (not fixing registration mark);
section 43 (obscured registration mark);
45
section 43C (using an incorrectly registered vehicle);

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section 59 (regulations: offences) in relation to the requirements imposed
by regulation 11 of the Road Vehicles (Display of Registration Marks)
Regulations 2001 (S.I. 2001/561).
(4)
The Secretary of State may by order amend the list of offences in subsection (3)
so as to add, modify or omit any entry.
5
(5)
In subsection (3) “construction and use requirements” has the meaning given
by section 41(7) of the Road Traffic Act 1988 (c. 52).
139
Payments by Scottish Ministers to police authorities etc. in relation to the
prevention, detection and enforcement of certain traffic offences
(1)
The Scottish Ministers may make payments in respect of the whole or any part
10
of the expenditure of a police authority or joint police board (within the
meaning of the Police (Scotland) Act 1967 (c. 77)) in relation to—
(a)
the prevention and detection of offences to which subsection (3)
applies, or
(b)
any enforcement action or proceedings in respect of such offences or
15
any alleged such offences.
(2)
Payments under this section shall be made at such times, in such manner and
subject to such conditions as the Scottish Ministers may determine.
(3)
This subsection applies to offences committed in Scotland under the following
provisions—
20
Road Traffic Act 1988 (c. 52)
section 14 (requirements regarding seat belts: adults);
section 15(2) and (4) (restriction on carrying children not wearing seat
belts in motor vehicles);
section 42 (motor vehicles and trailers: other construction and use
25
requirements) in relation to the construction and use requirements
imposed by the following regulations—
(a)
regulations 54, 57, 104 and 110 of the Road Vehicles
(Construction and Use) Regulations 1986 (S.I. 1986/1078);
(b)
regulations 11(1) and 25 of the Road Vehicles Lighting
30
Regulations 1989 (S.I. 1989/1796);
section 47 (obligatory test certificates for motor vehicles);
section 87(1) (drivers of motor vehicles to have driving licences);
section 143 (users of motor vehicles to be insured or secured against third-
party risks);
35
section 163 (power of police to stop vehicles);
section 172 (duty to give information as to the identity of driver etc. in
certain circumstances);
Vehicle Excise and Registration Act 1994 (c. 22)
section 33 (not exhibiting vehicle licence);
40
section 42 (not fixing registration mark);
section 43 (obscured registration mark);
section 43C (using an incorrectly registered vehicle);

Serious Organised Crime and Police Bill
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section 59 (regulations: offences) in relation to the requirements imposed
by regulation 11 of the Road Vehicles (Display of Registration Marks)
Regulations 2001 (S.I. 2001/561).
(4)
The Scottish Ministers may by order amend the list of offences in subsection (3)
so as to add, modify or omit any entry.
5
(5)
In subsection (3) “construction and use requirements” has the meaning given
by section 41(7) of the Road Traffic Act 1988 (c. 52).
(6)
In section 95 of the Road Traffic Offenders Act 1988 (c. 53) (destination of fines
imposed in respect of road traffic offences etc.) insert—
“(3)
There shall be paid into the Scottish Consolidated Fund all fixed
10
penalties imposed in respect of offences, committed in Scotland, to
which section 139(3) of the Serious Organised Crime and Police Act
2005 applies.”
Local policing information
140
Publication of local policing information
15
After section 8 of the Police Act 1996 (c. 16) insert—
“8A
Local policing summaries
(1)
As soon as possible after the end of each financial year, every police
authority established under section 3 shall issue a report for members
of the public in the authority’s area on matters relating to the policing
20
of that area for the year.
(2)
Such a report is referred to in this section as a “local policing summary”.
(3)
The Secretary of State may by order specify matters which are to be
included in a local policing summary.
(4)
A police authority shall arrange—
25
(a)
for every local policing summary issued by it under this section
to be published in such manner as appears to it to be
appropriate, and
(b)
for a copy of every such summary to be sent, by whatever
means appear to the authority to be appropriate, to each person
30
liable to pay any tax, precept or levy to or in respect of the
authority.
(5)
It shall be the duty of a police authority, in preparing and publishing a
local policing summary, to have regard to any guidance given by the
Secretary of State about the form and content of local policing
35
summaries and the manner of their publication.
(6)
Before making an order under subsection (3), and before giving any
such guidance as is referred to in subsection (5), the Secretary of State
must consult—
(a)
persons whom he considers to represent the interests of police
40
authorities,
(b)
persons whom he considers to represent the interests of chief
officers of police, and

Serious Organised Crime and Police Bill
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(c)
such other persons as he thinks fit.
(7)
This section shall apply in relation to the Metropolitan Police Authority
as it applies to a police authority established under section 3.
(8)
A statutory instrument containing an order under subsection (3) shall
be subject to annulment in pursuance of a resolution of either House of
5
Parliament.”
Other miscellaneous police matters
141
Responsibilities in relation to the health and safety etc. of police
(1)
In section 51A of the Health and Safety at Work etc. Act 1974 (c. 37) (application
of Part 1 of that Act to police) after subsection (2) insert—
10
“(2A)
For the purposes of this Part the relevant officer, as defined by
subsection (2)(a) or (c) above, shall be treated as a corporation sole.
(2B)
Where, in a case in which the relevant officer, as so defined, is guilty of
an offence by virtue of this section, it is proved—
(a)
that the officer-holder personally consented to the commission
15
of the offence,
(b)
that he personally connived in its commission, or
(c)
that the commission of the offence was attributable to personal
neglect on his part,

the office-holder (as well as the corporation sole) shall be guilty of the
20
offence and shall be liable to be proceeded against and punished
accordingly.
(2C)
In subsection (2B) above “the office-holder”, in relation to the relevant
officer, means an individual who, at the time of the consent, connivance
or neglect—
25
(a)
held the office or other position mentioned in subsection (2)
above as the office or position of that officer; or
(b)
was for the time being responsible for exercising and
performing the powers and duties of that office or position.
(2D)
The provisions mentioned in subsection (2E) below (which impose the
30
same liability for unlawful conduct of constables on persons having
their direction or control as would arise if the constables were
employees of those persons) do not apply to any liability by virtue of
this Part.
(2E)
Those provisions are—
35
(a)
section 39 of the Police (Scotland) Act 1967;
(b)
section 88(1) of the Police Act 1996;
(c)
section 97(9) of that Act;
(d)
paragraph 7(1) of Schedule 8 to the Police Act 1997;
(e)
paragraph 14(1) of Schedule 3 to the Criminal Justice and Police
40
Act 2001;
(f)
section 29 of the Serious Organised Crime and Police Act 2005.
(2F)
In the application of this section to Scotland—

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(a)
subsection (2A) shall have effect as if for the words “corporation
sole” there were substituted “distinct juristic person (that is to
say, as a juristic person distinct from the individual who for the
time being is the office-holder)”;
(b)
subsection (2B) shall have effect as if for the words “corporation
5
sole” there were substituted “juristic person”; and
(c)
subsection (2C) shall have effect as if for the words “subsection
(2B)” there were substituted “subsections (2A) and (2B)”.”
(2)
For subsection (2) of each of the following sections of the Employment Rights
Act 1996 (c. 18)—
10
(a)
section 49A (right of police officers not to suffer detriment in relation to
health and safety issues), and
(b)
section 134A (right of police officers not to be unfairly dismissed in
relation to health and safety issues),

substitute the subsection set out in subsection (3) of this section.
15
(3)
The subsection to be substituted is—
“(2)
In this section “the relevant officer”, in relation to—
(a)
a person holding the office of constable, or
(b)
a person holding an appointment as a police cadet,

means the person who under section 51A of the Health and Safety at
20
Work etc. Act 1974 is to be treated as his employer for the purposes of
Part 1 of that Act.”
(4)
The following provisions of the Police Reform Act 2002 (c. 30) (which relate to
duties and rights in relation to the health and safety of police) cease to have
effect—
25
(a)
section 95, and
(b)
in Schedule 8, the reference to section 5 of the Police (Health and Safety)
Act 1997 (c. 42).
(5)
The amendments made by subsections (1) to (3) have effect for the purposes of
any proceedings in or before a court or tribunal that are commenced on or after
30
the day on which this Act is passed as if the amendments had come into force
on 1st July 1998.
(6)
For the purposes of proceedings commenced against a person in his capacity
by virtue of this section as a corporation sole (or, in Scotland, as a distinct
juristic person) anything done by or in relation to that person before the
35
passing of this Act shall be deemed to have been done by or in relation to that
person in that capacity.
(7)
No person shall be liable by virtue of section 51A(2B) of the Health and Safety
at Work etc. Act 1974 (c. 37) in respect of anything occurring before the passing
of this Act.
40
142
Investigations: accelerated procedure in special cases
Schedule 12 (which makes provision for an accelerated procedure for certain
investigations into the conduct of police officers) has effect.