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
Schedule 4 — Minor and consequential amendments relating to SOCA
138

Army Act 1955 (3 & 4 Eliz. 2 c. 18)
3
In section 83BC(2) of the Army Act 1955 (police forces which may be advised
by prosecuting authority) omit paragraph (k).
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
4
In section 83BC(2) of the Air Force Act 1955 (police forces which may be
5
advised by prosecuting authority) omit paragraph (k).
Naval Discipline Act 1957 (c. 53)
5
In section 52IJ(2) of the Naval Discipline Act 1957 (police forces which may
be advised by prosecuting authority) omit paragraph (k).
Public Records Act 1958 (c. 51)
10
6
In Schedule 1 to the Public Records Act 1958 (definition of public records) in
Part 2 of the Table at the end of paragraph 3—
(a)
at the appropriate place insert—
“Serious Organised Crime Agency.”; and
(b)
omit the entries relating to the Service Authorities for the National
15
Crime Squad and the National Criminal Intelligence Service.
Trustee Investments Act 1961 (c. 62)
7
The Trustee Investments Act 1961 has effect subject to the following
amendments.
8
In section 11(4) (local authority investment schemes)—
20
(a)
in paragraph (a) omit “, the Service Authority for the National Crime
Squad”, and
(b)
omit paragraph (e).
9
In Part 2 of Schedule 1 (narrower-range investments requiring advice) omit
paragraph 9(da).
25
Offices, Shops and Railway Premises Act 1963 (c. 41)
10
In section 90(4) of the Offices, Shops and Railway Premises Act 1963
(persons taken to be employed for the purposes of the Act)—
(a)
at the end of paragraph (c) insert “or”; and
(b)
for paragraph (d) substitute—
30
“(d)
a member of a police force seconded to the Serious
Organised Crime Agency to serve as a member of its
staff.”
Parliamentary Commissioner Act 1967 (c. 13)
11
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.
35
subject to investigation) omit 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 4 — Minor and consequential amendments relating to SOCA
139

Police (Scotland) Act 1967 (c. 77)
12
The Police (Scotland) Act 1967 has effect subject to the following
amendments.
13
In section 33 (inspectors of constabulary), in subsections (3) and (4), omit
“and the National Criminal Intelligence Service”.
5
14    (1)
Section 38A (constables engaged on service outside their force) is amended
as follows.
      (2)
In subsection (1)—
(a)
omit paragraph (ba), and
(b)
after paragraph (bb) insert—
10
“(bc)
relevant service as a member of the staff of the Serious
Organised Crime Agency on which a person is
engaged with the consent of the appropriate
authority,”.
      (3)
In subsection (6)(a) for “(ba) or (bb), (e) or (f)” substitute “(bb), (bc), (e) or (f)”.
15
15
In section 39(4) (liability for wrongful acts of constables) for “section 23 of the
Police Act 1997” substitute “section 24 or 25 of the Serious Organised Crime
and Police Act 2005”.
16
In section 41(4)(a) (assaults on constables) omit “or by a member of the
National Criminal Intelligence Service or of the National Crime Squad”.
20
Leasehold Reform Act 1967 (c. 88)
17
In section 28(5) of the Leasehold Reform Act 1967 (bodies retaining or
resuming land required for public services) omit paragraph (bc).
Firearms Act 1968 (c. 27)
18
In section 54(3)(c) of the Firearms Act 1968 (application of Parts 1 and 2 to
25
crown servants) for “National Criminal Intelligence Service or the National
Crime Squad” substitute “staff of the Serious Organised Crime Agency”.
Employment Agencies Act 1973 (c. 35)
19
In section 13(7) of the Employment Agencies Act 1973 (interpretation), in
paragraph (f), omit “, the Service Authority for the National Criminal
30
Intelligence Service, the Service Authority for the National Crime Squad”.
Health and Safety at Work etc. Act 1974 (c. 37)
20
In section 51A(2) of the Health and Safety at Work etc. Act 1974 (application
of Part 1 of the Act to the police) for paragraph (b) substitute—
“(b)
in relation to a member of a police force seconded to the
35
Serious Organised Crime Agency to serve as a member of its
staff, means that Agency, and”.

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
140

District Courts (Scotland) Act 1975 (c. 20)
21
In section 12(1) of the District Courts (Scotland) Act 1975 (restriction of
functions of justices who are councillors etc.) after “authority” insert “or a
member of staff of the Serious Organised Crime Agency”.
House of Commons Disqualification Act 1975 (c. 24)
5
22
The House of Commons Disqualification Act 1975 has effect subject to the
following amendments.
23
In section 1(1) (disqualification for membership of House of Commons) omit
paragraph (da).
24    (1)
Schedule 1 (disqualifying offices) is amended as follows.
10
      (2)
In Part 2—
(a)
at the appropriate place insert—
“The Serious Organised Crime Agency.”; and
(b)
omit the entries relating to the Service Authorities for the National
Crime Squad and the National Criminal Intelligence Service.
15
      (3)
In Part 3, at the appropriate place insert—
“Member of the staff of the Serious Organised Crime Agency.”
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
25
The Northern Ireland Assembly Disqualification Act 1975 has effect subject
to the following amendments.
20
26
In section 1(1) (disqualification for membership of Assembly) omit
paragraph (da).
27    (1)
Schedule 1 (disqualifying offices) is amended as follows.
      (2)
In Part 2—
(a)
at the appropriate place insert—
25
“The Serious Organised Crime Agency.”; and
(b)
omit the entries relating to the Service Authorities for the National
Crime Squad and the National Criminal Intelligence Service.
      (3)
In Part 3, at the appropriate place insert—
“Member of the staff of the Serious Organised Crime Agency.”
30
Sex Discrimination Act 1975 (c. 65)
28    (1)
Section 17 of the Sex Discrimination Act 1975 (police) is amended as follows.
      (2)
After subsection (6) insert—
“(6A)
For the purposes of this Part, the holding of the office of constable by
a person seconded to the Serious Organised Crime Agency shall be
35
treated as employment by the Agency as respects any act done by it
in relation to a constable or that office.”
      (3)
In subsection (7)—
(a)
in the definition of “chief officer of police”, omit paragraph (aa);

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
141

(b)
in the definition of “police authority”, omit paragraph (aa); and
(c)
in the definition of “police fund”, omit the words from “, in relation
to” (in the second place where they occur) to “the Police Act 1997”.
Police Pensions Act 1976 (c. 35)
29
The Police Pensions Act 1976 has effect subject to the following
5
amendments.
30
In section 7(2) (payment of pensions and contributions), at the beginning of
each of paragraphs (ca) to (cd), insert “an employee of SOCA and who
immediately before he became an employee of SOCA was serving as”.
31    (1)
Section 11 (interpretation) is amended as follows.
10
      (2)
In subsection (1), at the beginning of each of paragraphs (ba), (bb), (bc) and
(bd), after “service” insert “as an employee of SOCA by a person who
immediately before he became an employee of SOCA was serving”.
      (3)
In subsection (2) for paragraphs (c) and (d) substitute—
“(c)
in relation to any such service as is mentioned in paragraph
15
(ba), (bb), (bc) or (bd) of subsection (1) or any service of the
kind described in section 97(1)(cf) of the Police Act 1997 or
section 38A(1)(bc) of the Police (Scotland) Act 1967, it means
SOCA;”.
      (4)
In subsection (5), in the definition of “central service”—
20
(a)
in paragraph (a) omit “(ca), (cb),” and after “(cc)” insert “, (cf)”, and
(b)
in paragraph (b) for “(ba) or (bb)” substitute “(bb) or (bc)”.
      (5)
After the definition of “pension rights” in that subsection add—
““SOCA” means the Serious Organised Crime Agency.”
32
Paragraphs 30 and 31 (and the corresponding entry in Schedule 17) do not
25
affect the operation of the Police Pensions Act 1976 in relation to any
person’s service of any of the following kinds—
(a)
service as the Director General of the National Criminal Intelligence
Service;
(b)
service as the Director General of the National Crime Squad;
30
(c)
service as a police member of the National Criminal Intelligence
Service appointed under subsection (1)(b) of section 9 of the Police
Act 1997 (c. 50) by virtue of subsection (2)(a) of that section;
(d)
service as a police member of the National Crime Squad appointed
under subsection (1)(b) of section 55 of the Police Act 1997 by virtue
35
of subsection (2)(a) of that section;
(e)
relevant service within paragraph (ca) or (cb) of section 97(1) of the
Police Act 1996 (c. 16);
(f)
relevant service within section 38A(1)(ba) of the Police (Scotland) Act
1967 (c. 77).
40
Race Relations Act 1976 (c. 74)
33
The Race Relations Act 1976 has effect subject to the following amendments.
34    (1)
Section 76B (other police bodies) is amended as follows.

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
142

      (2)
Omit subsection (1).
      (3)
In subsection (2) omit the word “also”.
      (4)
After subsection (2) insert—
“(2A)
Constables serving with the Serious Organised Crime Agency do not
constitute a body of constables for the purposes of subsection (2).”
5
35
After section 76B insert—
“76C
Serious Organised Crime Agency
For the purposes of Part 2, the holding of the office of constable by a
person seconded to the Serious Organised Crime Agency shall be
treated as employment by the Agency as respects any act done by it
10
in relation to a constable or that office.”
36
In Schedule 1A (bodies and other persons subject to general statutory
duty)—
(a)
in Part 1 omit paragraphs 59 and 60,
(b)
in Part 2 at the appropriate place under the heading “Other Bodies,
15
Etc” insert—
“The Serious Organised Crime Agency.”; and
(c)
in Part 3 omit the entry relating to the Director General of the
National Crime Squad.
Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))
20
37
The Sex Discrimination (Northern Ireland) Order 1976 has effect subject to
the following amendments.
38
In Article 84(8) (police officers) for “section 23 of the Police Act 1997”
substitute “section 24 or 25 of the Serious Organised Crime and Police Act
2005”.
25
39    (1)
Article 85 (other police bodies) is amended as follows.
      (2)
After paragraph (5) insert—
“(5A)
For the purposes of Part II, the holding of the office of constable by a
person seconded to the Serious Organised Crime Agency shall be
treated as employment by the Agency as respects any act done by it
30
in relation to a constable or that office.”
      (3)
For paragraph (6) substitute—
“(6)
In this Article in relation to any body of constables—
(a)
“chief officer of police” means the person who has the
direction and control of the body;
35
(b)
“police authority” means the authority by which the
members of the body are paid; and
(c)
“police fund” means money provided by that authority.”

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
143

Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))
40
In Article 47A(2) of the Health and Safety at Work (Northern Ireland) Order
1978 (application of Part II of the Order to the police) omit sub-paragraph
(b).
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
5
41
In Part 1 of Schedule 1 to the Law Reform (Miscellaneous Provisions)
(Scotland) Act 1980 (persons ineligible for jury service) in Group B, after
paragraph (nb) insert—
“(nc)
members of staff of the Serious Organised Crime Agency;”.
Stock Transfer Act 1982 (c. 41)
10
42
In Schedule 1 to the Stock Transfer Act 1982 (securities specified for the
purposes of the Act) in paragraph 7(1)—
(a)
at the end of paragraph (b) insert “or”; and
(b)
omit paragraph (bb) and the word “or” before it.
Police and Criminal Evidence Act 1984 (c. 60)
15
43
The Police and Criminal Evidence Act 1984 has effect subject to the
following amendments.
44
In section 5 (reports of recorded searches and road checks) omit subsection
(1A).
45
In section 55 (intimate searches) omit subsection (14A).
20
46
In section 63A(1A) (supplementary provision about fingerprints and
samples) for paragraphs (b) and (c) substitute—
“(b)
the Serious Organised Crime Agency;”.
Prosecution of Offences Act 1985 (c. 23)
47    (1)
Section 3 of the Prosecution of Offences Act 1985 (functions of the Director
25
of Public Prosecutions) is amended as follows.
      (2)
In subsection (3), in the definition of “police force”, omit “, the National
Crime Squad”.
      (3)
After subsection (3) insert—
“(3A)
This section applies in relation to the Serious Organised Crime
30
Agency and proceedings instituted by it as it applies in relation to a
police force and proceedings instituted on its behalf.”
Ministry of Defence Police Act 1987 (c. 4)
48
The Ministry of Defence Police Act 1987 has effect subject to the following
amendments.
35
49
In section 2B(3) (constables serving with other forces), in the definitions of
“chief officer” and “relevant force”, omit paragraphs (c) and (d).

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
144

50
After section 2B insert—
“2C
Constables serving with Serious Organised Crime Agency
(1)
A member of the Ministry of Defence Police serving with the Serious
Organised Crime Agency under arrangements to which subsection
(2) applies shall—
5
(a)
be under the direction and control of the Serious Organised
Crime Agency, and
(b)
continue to be a constable.
(2)
This subsection applies to arrangements made between—
(a)
the Serious Organised Crime Agency, and
10
(b)
the chief constable of the Ministry of Defence Police.”
Criminal Justice Act 1987 (c. 38)
51
In section 3(6) of the Criminal Justice Act 1987 (authorities to which
information may be disclosed) after paragraph (f) insert—
“(fa)
the Serious Organised Crime Agency;”.
15
Dartford-Thurrock Crossing Act 1988 (c. 20)
52
In section 19(a) of the Dartford-Thurrock Crossing Act 1988 (exemption
from tolls) for sub-paragraph (ia) substitute—
“(ia)
the Serious Organised Crime Agency;”.
Road Traffic Act 1988 (c. 52)
20
53
The Road Traffic Act 1988 shall have effect subject to the following
amendments.
54    (1)
In section 124 (exemption from requirements regarding paid driving
instruction) after subsection (1) insert—
“(1A)
Section 123(1) and (2) also does not apply to the giving of instruction
25
by a SOCA instructor in pursuance of arrangements made by the
Director General of the Serious Organised Crime Agency.

In this subsection “SOCA instructor” means a member of the staff of
the Serious Organised Crime Agency whose duties consist of or
include the giving instruction in the driving of motor cars to other
30
members of the Agency’s staff.”
      (2)
In subsection (2) of that section, omit the definitions of “chief officer of
police”, “police authority” and “police force”.
55
In section 144(2) (exemption from requirement of third-party insurance or
security) omit paragraph (ba).
35
Security Service Act 1989 (c. 5)
56
The Security Service Act 1989 has effect subject to the following
amendments.
57
In section 1(4) (functions of the Security Service) for “, the National Criminal
Intelligence Service, the National Crime Squad” substitute “, the Serious
40
Organised Crime Agency”.