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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”.

 

 

 
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