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 6 — Final provisions
120

156
Repeals and revocations
Schedule 17 makes provision for the repeal and revocation of enactments
(including enactments which are spent).
157
Penalties for offences: transitional modification for England and Wales
(1)
This section contains transitional modifications in respect of penalties for
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certain offences committed in England or Wales.
(2)
In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003 (c. 44) (general limit on magistrates’ court’s
power to impose imprisonment), the references in the following provisions to
periods of imprisonment of 12 months are to be read as references to periods
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of imprisonment of 6 months—
section 64(5)(b);
section 81(2)(b);
section 83(3)(b).
(3)
In relation to an offence committed before the commencement of section 281(5)
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of the Criminal Justice Act 2003 (alteration of penalties for summary offences),
the references in the following provisions of this Act to periods of
imprisonment of 51 weeks are to be read as references to the periods of
imprisonment specified in respect of those provisions as follows—

Section
Modified period of

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imprisonment

section 49(4)(a)
6 months

section 49(5)(a)
1 month

section 54(4)(a)
6 months

section 54(5)(a)
1 month

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section 64(4)(a)
6 months

section 74(10)(a)
6 months

section 106(5)
4 months

section 123(5)(a)
6 months

section 129(4)(b)
3 months

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section 129(5)
3 months.

158
Expenses
(1)
There shall be paid out of money provided by Parliament—
(a)
any expenditure incurred by the Secretary of State by virtue of this Act;
(b)
any increase attributable to this Act in the sums payable out of money
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so provided under any other enactment.

Serious Organised Crime and Police Bill
Part 6 — Final provisions
121

(2)
Subsection (1)(a) does not apply to any expenditure of the Secretary of State
under section 138.
159
Interpretation
(1)
In this Act “SOCA” means the Serious Organised Crime Agency.
(2)
In this Act “enactment” includes—
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(a)
an enactment contained in or made under an Act of the Scottish
Parliament or Northern Ireland legislation, and
(b)
an enactment comprised in subordinate legislation (within the meaning
of the Interpretation Act 1978 (c. 30)).
(3)
In this Act references to enactments include enactments passed or made after
10
the passing of this Act.
(4)
Subsections (2) and (3) apply except where the context otherwise requires.
160
Commencement
(1)
The following provisions come into force on the day on which this Act is
passed—
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(a)
sections 141, 154, 155, 158, 159, this section and section 161, and
(b)
Part 1 of Schedule 17 and (so far as it relates to that Part of that
Schedule) section 156.
(2)
Section 146(4) comes into force at the end of the period of three months
beginning with the day on which this Act is passed.
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(3)
Sections 73 and 139 come into force on such day as the Scottish Ministers may
by order appoint.
(4)
So far as they extend to Scotland—
(a)
Chapter 1 of Part 2,
(b)
sections 74 to 76,
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(c)
Chapter 4 of Part 2 (including Schedule 5),
(d)
sections 146 to 149, and
(e)
Schedule 15,

come into force on such day as the Scottish Ministers may by order appoint.
(5)
So far as they have effect for the purpose of conferring functions on the Scottish
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Ministers, sections 124 and 127 come into force on such day as the Scottish
Ministers may by order appoint.
(6)
So far as it has effect in relation to any site designated under section 124 by the
Scottish Ministers, section 125(3) comes into force on such day as the Scottish
Ministers may by order appoint.
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(7)
So far as they relate—
(a)
to sections 113 and 115 of the Police Act 1997 (c. 50) as those sections
apply to Scotland;
(b)
to section 125 of that Act, to the Regulation of Care (Scotland) Act 2001
(asp 8), to the Protection of Children (Scotland) Act 2003 (asp 5) and to
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the Criminal Justice (Scotland) Act 2003 (asp 7),

section 156 and Schedule 17 come into force on such day as the Scottish
Ministers may by order appoint.

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(8)
The following provisions come into force on such day as the Scottish Ministers
may by order appoint after consulting the Secretary of State—
(a)
section 91 so far as it has effect for the purpose of conferring functions
on the Scottish Ministers, and
(b)
section 153 and Schedule 16.
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(9)
The following provisions come into force on such day as the Secretary of State
may by order appoint after consulting the Scottish Ministers—
(a)
sections 90, 93(2), 94(2) and (3), 95, 96 and 102, and
(b)
paragraphs 1 and 6 of Schedule 6, and section 93(3) so far as relating to
those paragraphs.
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(10)
Otherwise, this Act comes into force on such day as the Secretary of State may
by order appoint.
(11)
Different days may be appointed for different purposes or different areas.
(12)
The Secretary of State may by order make such provision as he considers
appropriate for transitory, transitional or saving purposes in connection with
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the coming into force of any provision of this Act.
(13)
The power conferred by subsection (12) is exercisable by the Scottish Ministers
(rather than the Secretary of State) in connection with any provision of this Act
which comes into force by order made by the Scottish Ministers.
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Short title and extent
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(1)
This Act may be cited as the Serious Organised Crime and Police Act 2005.
(2)
Except as provided in the following provisions of this section, this Act extends
to England and Wales only.
(3)
The following provisions extend also to Scotland—
(a)
Part 1 (including Schedules 1 to 4),
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(b)
in Part 2, Chapter 1, sections 74 to 76, Chapter 4 (including Schedule 5),
Chapter 5 and Chapter 6 (including Schedule 6),
(c)
sections 105, 135 to 137, 141, 146 (except subsection (4)), 147, 148 (except
subsection (3)), 149, 152 and 153, and
(d)
this Part,
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(but this is subject to subsection (6)).
(4)
The following provisions extend also to Northern Ireland—
(a)
Part 1 (including Schedules 1 to 4),
(b)
in Part 2, Chapter 2, section 76, Chapter 4 (including Schedule 5),
Chapter 5 and Chapter 6 (including Schedule 6),
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(c)
sections 105, 123, 125 (except subsection (3)), 126, 135, 136, 146 (except
subsection (4)), 148, 149 and 152, and
(d)
this Part,

(but this is subject to subsection (6)).
(5)
The following provisions extend to Scotland only—
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(a)
section 73,
(b)
sections 124, 125(3) and 127, and
(c)
(subject to subsection (6)) section 139.

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(6)
So far as it amends, repeals or revokes any enactment, this Act has the same
extent as the enactment amended, repealed or revoked, except that—
(a)
the amendment to section 124A of the Police Act 1997 made by section
148(3) does not extend to Scotland,
(b)
the amendment of the Judicature (Northern Ireland) Act 1978 (c. 23)
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made by section 151(5) extends to Northern Ireland only,
(c)
except where otherwise provided in Schedule 7, the amendments and
repeals made by that Schedule (and the corresponding entries in Part 2
of Schedule 17) extend to England and Wales only,
(d)
the amendments of the Public Order Act 1986 (c. 64) made by Schedule
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10 extend to England and Wales only, and
(e)
the amendments made by Schedule 16 extend to Scotland (as well as to
England and Wales).
(7)
Subsection (2) does not apply to section 150.