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
115

(j)
the applicant’s suitability to be registered under Part 1 of the
Health and Personal Social Services Act (Northern Ireland) 2001
(social care workers);
(k)
the applicant’s suitability to be registered under Part 3 of the
Health and Personal Social Services (Quality, Improvement and
5
Regulation (Northern Ireland) Order 2003 (regulation of
establishments and agencies).
(2)
The power to make an order under section 113C or 113D is exercisable
by statutory instrument, but no such order may be made unless a draft
of the order has been laid before and approved by a resolution of each
10
House of Parliament.
(3)
If the power mentioned in subsection (2) is exercised by the Scottish
Ministers, the reference in that subsection to each House of Parliament
must be construed as a reference to the Scottish Parliament.”
(3)
Schedule 15 (which makes consequential amendments to Part 5 of the Police
15
Act 1997 (c. 50)) has effect.
(4)
If section 115(1) of the Adoption and Children Act 2002 (c. 38) comes into force
before the preceding provisions of this section, the Secretary of State may by
order apply Part 5 of the Police Act 1997 subject to such modifications as he
thinks necessary or expedient for the purpose of enabling a certificate or
20
statement to be issued under section 113 or 115 of that Act of 1997 in connection
with consideration by a court of whether to make a special guardianship order
under section 14A of the Children Act 1989 (c. 41).
147
Criminal records checks: verification of identity
(1)
Section 118 of the Police Act 1997 (evidence of identity) is amended as follows.
25
(2)
In subsection (1) after “117” insert “or 120”.
(3)
After subsection (2) insert—
“(2A)
For the purpose of verifying evidence of identity supplied in pursuance
of subsection (1) the Secretary of State may obtain such information as
he thinks is appropriate from data held—
30
(a)
by the United Kingdom Passport Agency;
(b)
by the Driver and Vehicle Licensing Agency;
(c)
by Driver and Vehicle Licensing Northern Ireland;
(d)
by the Secretary of State in connection with keeping records of
national insurance numbers;
35
(e)
by such other persons or for such purposes as is prescribed.”
148
Certain references to police forces
(1)
In section 119 of the Police Act 1997 (sources of information),
(a)
in subsection (3) for “the prescribed fee” substitute “such fee as he
thinks appropriate”;
40
(b)
after subsection (5) insert—
“(6)
For the purposes of this section references to a police force
include any body mentioned in subsections (10)(a) to (i) and (11)

Serious Organised Crime and Police Bill
Part 5 — Miscellaneous
116

of section 113B and references to a chief officer must be
construed accordingly.
(7)
In the case of such a body the reference in subsection (3) to the
appropriate police authority must be construed as a reference to
such body as is prescribed.”
5
(2)
In each version of section 120A of that Act (as inserted respectively by section
134(1) of the Criminal Justice and Police Act 2001 (c. 16) and section 70 of the
Criminal Justice (Scotland) Act 2003 (asp 7)), after subsection (5) insert—
“(6)
For the purposes of this section references to a police force include any
body mentioned in subsections (10)(a) to (i) and (11) of section 113B and
10
references to a chief officer must be construed accordingly.”
(3)
In section 124A of that Act (offences relating to disclosure of information)
(inserted by section 328 of and paragraphs 1 and 11 of Schedule 35 to the
Criminal Justice Act 2003 (c. 44)), after subsection (5) insert—
“(6)
For the purposes of this section the reference to a police force includes
15
any body mentioned in subsections (10)(a) to (i) and (11) of section 113B
and the reference to a chief officer must be construed accordingly.”
149
Further amendments to Police Act 1997 as it applies to Scotland
(1)
In section 120A of the Police Act 1997 (c. 50) (as inserted by section 70 of the
Criminal Justice (Scotland) Act 2003 (asp 7)), in subsection (5) for the words
20
from “the prescribed fee” to the end substitute “such fee as they consider
appropriate”.
(2)
In section 126 of that Act of 1997 after subsection (2) insert—
“(3)
In the application of this Part to Scotland references to the Secretary of
State must be construed as references to the Scottish Ministers.
25
(4)
Subsection (3) does not apply to section 118(2A)(c) or 124A(1) and (2).”
150
Part 5 of the Police Act 1997: Channel Islands and Isle of Man
(1)
Her Majesty may by Order in Council extend any provision of Part 5 of the
Police Act 1997 (certificates of criminal records etc.), with such modifications
as appear to Her Majesty in Council to be appropriate, to any of the Channel
30
Islands or the Isle of Man.
(2)
An order under this section may make such consequential, incidental,
supplementary, transitory or transitional provision or savings as Her Majesty
in Council thinks appropriate.
Witness summonses
35
151
Powers of Crown Court and Magistrates’ Court to issue witness summons
(1)
In section 2(1) of the Criminal Procedure (Attendance of Witnesses) Act 1965
(c. 69) (issue of witness summons on application to Crown Court) for

Serious Organised Crime and Police Bill
Part 5 — Miscellaneous
117

paragraph (b) substitute—
“(b)
it is in the interests of justice to issue a summons under this
section to secure the attendance of that person to give evidence
or to produce the document or thing.”
(2)
In section 97 of the Magistrates’ Courts Act 1980 (c. 43) (summons to witness)
5
for subsection (1) substitute—
“(1)
Where a justice of the peace is satisfied that—
(a)
any person in England or Wales is likely to be able to give
material evidence, or produce any document or thing likely to
be material evidence, at the summary trial of an information or
10
hearing of a complaint by a magistrates’ court, and
(b)
it is in the interests of justice to issue a summons under this
subsection to secure the attendance of that person to give
evidence or produce the document or thing,

the justice shall issue a summons directed to that person requiring him
15
to attend before the court at the time and place appointed in the
summons to give evidence or to produce the document or thing.”
(3)
In section 97A(1) of that Act (summons as to committal proceedings) for
paragraph (b) substitute—
“(b)
it is in the interests of justice to issue a summons under this
20
section to secure the attendance of that person to give evidence
or to produce the document or other exhibit, and”.
(4)
In paragraph 4(1) of Schedule 3 to the Crime and Disorder Act 1998 (c. 37)
(power of justice to take depositions etc.) for paragraph (b) substitute—
“(b)
it is in the interests of justice to issue a summons under this
25
paragraph to secure the attendance of the witness to have his
evidence taken as a deposition or to produce the document or
other exhibit.”
(5)
In section 51A(1) of the Judicature (Northern Ireland) Act 1978 (c. 23) (issue of
witness summons on application to Crown Court) for paragraph (b)
30
substitute—
“(b)
it is in the interests of justice to issue a summons under this
section to secure the attendance of that person to give evidence
or to produce the document or thing.”
152
Powers of courts-martial etc. to issue warrants of arrest in respect of witnesses
35
(1)
Section 25 of the Armed Forces Act 2001 (c. 19) (powers to compel attendance
of witnesses) is amended as follows.
(2)
In subsection (1) (which inserts a new section 101A in the Army Act 1955
(3 & 4 Eliz. 2 c. 18)), in subsection (1) of the new section 101A, for paragraph (b)
substitute—
40
“(b)
that it is in the interests of justice that the person should attend
to give evidence or to produce the document or other thing,
and”.
(3)
In subsection (2) (which inserts a new section 101A in the Air Force Act 1955
(3 & 4 Eliz. 2 c. 19)), in subsection (1) of the new section 101A, for paragraph (b)
45

Serious Organised Crime and Police Bill
Part 6 — Final provisions
118

substitute—
“(b)
that it is in the interests of justice that the person should attend
to give evidence or to produce the document or other thing,
and”.
(4)
In subsection (3) (which inserts a new section 65A in the Naval Discipline Act
5
1957), in subsection (1) of the new section 65A, for paragraph (b) substitute—
“(b)
that it is in the interests of justice that the person should attend
to give evidence or to produce the document or other thing,
and”.
Private Security Industry Act 2001: Scotland
10
153
Private Security Industry Act 2001: Scottish extent
(1)
Schedule 16 amends the Private Security Industry Act 2001 (c. 12) in relation to
its extent to Scotland.
(2)
In Schedule 2 to the Scottish Public Services Ombudsman Act 2002 (asp 11)
(persons liable to investigation) after paragraph 90 add—
15
“91
The Security Industry Authority.”
Part 6
Final provisions
154
Orders and regulations
(1)
Any power of the Secretary of State to make an order or regulations under this
20
Act, and any power of the Scottish Ministers to make an order under this Act,
is exercisable by statutory instrument.
(2)
Any such power—
(a)
may be exercised so as to make different provision for different cases or
descriptions of case or different purposes or areas, and
25
(b)
includes power to make such incidental, supplementary,
consequential, transitory, transitional or saving provision as the
Secretary of State considers appropriate (or, in the case of an order
made by the Scottish Ministers, as they consider appropriate).
(3)
Subject to subsections (4) and (5), orders or regulations made by the Secretary
30
of State under this Act are to be subject to annulment in pursuance of a
resolution of either House of Parliament.
(4)
Subsection (3) does not apply to any order under section 1(3), 144(4) or 160.
(5)
Subsection (3) also does not apply to—
(a)
any order under section 34(2)(f);
35
(b)
any order under section 58(2);
(c)
any order under section 72(4);
(d)
any order under section 77(6);
(e)
any order under section 82(6);
(f)
any order under section 84(6);
40
(g)
any order under section 91(1);

Serious Organised Crime and Police Bill
Part 6 — Final provisions
119

(h)
any order under section 92(1);
(i)
any order under section 155 which amends or repeals any provision of
an Act;

and no such order may be made by the Secretary of State (whether alone or
with other provisions) unless a draft of the statutory instrument containing the
5
order has been laid before, and approved by a resolution of, each House of
Parliament.
(6)
Subject to subsections (7) and (8), orders made by the Scottish Ministers under
this Act are to be subject to annulment in pursuance of a resolution of the
Scottish Parliament.
10
(7)
Subsection (6) does not apply to any order under section 160.
(8)
Subsection (6) also does not apply to—
(a)
any order under section 58(3);
(b)
any order under section 73(4);
(c)
any order under section 82(7);
15
(d)
any order under section 84(7);
(e)
any order under section 91(1);
(f)
any order under section 155 which amends or repeals any provision of
an Act;

and no such order may be made by the Scottish Ministers (whether alone or
20
with other provisions) unless a draft of the statutory instrument containing the
order has been laid before, and approved by a resolution of, the Scottish
Parliament.
155
Supplementary, incidental, consequential etc. provision
(1)
The Secretary of State may by order make—
25
(a)
such supplementary, incidental or consequential provision, or
(b)
such transitory, transitional or saving provision,

as he considers appropriate for the general purposes, or any particular
purpose, of this Act, or in consequence of, or for giving full effect to, any
provision made by this Act.
30
(2)
An order under subsection (1) may amend, repeal, revoke or otherwise modify
any enactment (including this Act).
(3)
The power to make an order under subsection (1) includes power to repeal or
revoke an enactment which is spent.
(4)
Before exercising the power conferred by subsection (1) in relation to an
35
enactment which extends to Scotland, the Secretary of State must consult the
Scottish Ministers.
(5)
The power conferred by subsection (1) is exercisable by the Scottish Ministers
(rather than by the Secretary of State) where the provision to be made is within
the legislative competence of the Scottish Parliament.
40
(6)
Nothing in this Act affects the generality of the power conferred by this section.