Serious Organised Crime and Police Bill

House of Commons

Session 2004 - 05
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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
145

58
In section 2(2)(c) (duties of the Director General)—
(a)
for “the Director General of the National Criminal Intelligence
Service” substitute “the Director General of the Serious Organised
Crime Agency”, and
(b)
for “, the National Criminal Intelligence Service, the National Crime
5
Squad” substitute “, the Serious Organised Crime Agency”.
Official Secrets Act 1989 (c. 6)
59
In section 12(1)(e) of the Official Secrets Act 1989 (meaning of “Crown
servant” in that Act) for “or of the National Criminal Intelligence Service or
the National Crime Squad” substitute “or of the Serious Organised Crime
10
Agency”.
Aviation and Maritime Security Act 1990 (c. 31)
60
In section 22(4)(b) of the Aviation and Maritime Security Act 1990 (searches
in harbour areas) omit sub-paragraph (iii) and the word “or” before it.
Tribunals and Inquiries Act 1992 (c. 53)
15
61
The Tribunals and Inquiries Act 1992 has effect subject to the following
amendments.
62
In section 7(2) (removal of members of certain tribunals) after “36A” omit
“(a) or (b)”.
63
In Schedule 1 (tribunals under supervision of Council on Tribunals) in
20
paragraph 36A omit “(a)” and sub-paragraph (b).
Criminal Appeal Act 1995 (c. 35)
64    (1)
Section 22 of the Criminal Appeal Act 1995 (meaning of “public body” etc.)
has effect subject to the following amendments.
      (2)
In subsection (2)—
25
(a)
in paragraph (a) omit “, the National Crime Squad”,
(b)
in paragraph (b)—
(i)
at the end of sub-paragraph (i) insert “and”,
(ii)
omit sub-paragraph (ii), and
(iii)
at the end of sub-paragraph (iii) insert “and”,
30
(c)
in paragraph (c) for “, the City of London police force or the National
Crime Squad” substitute “or the City of London police force”, and
(d)
omit paragraphs (d) and (e).
      (3)
In subsection (4) for paragraph (aa) substitute—
“(aa)
in relation to the Serious Organised Crime Agency, the
35
Director General of that Agency,”.
Disability Discrimination Act 1995 (c. 50)
65
The Disability Discrimination Act 1995 has effect subject to the following
amendments.

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
146

66    (1)
The section 64A (police) inserted by the Disability Discrimination Act 1995
(Amendment) Regulations 2003 (S.I. 2003/1673) is amended as follows.
      (2)
After subsection (6) insert—
“(6A)
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
5
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 (b),
(b)
in the definition of “police authority”, omit paragraph (b), and
10
(c)
in the definition of “police fund”, omit paragraph (b).
67
In the section 64A (police) inserted by the Disability Discrimination Act 1995
(Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), in
subsection (6)(a), for “section 23 of the Police Act 1997” substitute “section 24
or 25 of the Serious Organised Crime and Police Act 2005”.
15
68    (1)
The section 64B (other police bodies) inserted by the Disability
Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004
is amended as follows.
      (2)
After subsection (5) insert—
“(5A)
For the purposes of Part 2, the holding of the office of constable by a
20
person seconded to the Serious Organised Crime Agency shall be
treated as employment by the Agency as respects any act done by it
in relation to a constable or that office.”
      (3)
For subsection (6) substitute—
“(6)
Subject to subsection (8), in this section in relation to any body of
25
constables—
(a)
“chief officer of police” means the person who has the
direction and control of the body;
(b)
“police authority” means the authority by which the
members of the body are paid; and
30
(c)
“police fund” means money provided by that authority.”
Police Act 1996 (c. 16)
69
The Police Act 1996 has effect subject to the following amendments.
70
Omit section 23(8) (collaboration agreements).
71
Omit section 24(5) (mutual aid).
35
72    (1)
Section 54 (appointment and functions of inspectors of constabulary) is
amended as follows.
      (2)
In subsection (2) omit “the National Criminal Intelligence Service and the
National Crime Squad”.
      (3)
For subsection (2B) substitute—
40
“(2B)
The Secretary of State may at any time require the inspectors of
constabulary to carry out an inspection under this section of a police

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
147

force maintained for any police area; and a requirement under this
subsection may include a requirement for the inspection to be
confined to a particular part of the force in question, to particular
matters or to particular activities of that force.”
73
In section 55 (publication of reports) omit subsection (7).
5
74    (1)
Section 57 (common services) is amended as follows.
      (2)
In subsection (3A)—
(a)
for “National Crime Squad” substitute “Serious Organised Crime
Agency”, and
(b)
for “Squad for the Squad” substitute “Agency for the Agency”.
10
      (3)
For subsection (4)(c) substitute—
“(c)
if the regulations relate to the Serious Organised Crime
Agency, that Agency.”
75
Omit section 59(8) (police federations).
76
Omit section 60(2A) (regulations for police federations).
15
77
In section 61(1) (police negotiating board) omit paragraphs (aa) and (ba).
78    (1)
Section 62 (functions of negotiating board with respect to regulations) is
amended as follows.
      (2)
In subsection (1) omit paragraphs (aa) and (ab).
      (3)
Omit the subsection (1A) inserted by paragraph 82(2) of Schedule 9 to the
20
Police Act 1997 (c. 50).
      (4)
Omit subsections (1B) and (1C).
      (5)
In subsection (2) for “subsection (1), (1A) or (1B)” substitute “subsection (1)
or (1A)”.
79    (1)
Section 63 (police advisory boards) is amended as follows.
25
      (2)
Omit subsections (1A) and (1B).
      (3)
For subsection (3) substitute—
“(3)
Before making—
(a)
regulations under section 50 or 52, other than regulations
with respect to any of the matters mentioned in section 61(1),
30
or
(b)
regulations under Part 2 of the Police Reform Act 2002,

the Secretary of State shall supply the Police Advisory Board for
England and Wales with a draft of the regulations, and take into
consideration any representations made by that Board.”
35
80
In section 64 (membership of trade unions) omit subsections (4A) and (4B).
81    (1)
Section 88 (liability for wrongful acts of constables) is amended as follows.
      (2)
In subsection (5)(b) omit “or section 23 of the Police Act 1997”.

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
148

      (3)
After subsection (5) insert—
“(5A)
This section shall have effect where, by virtue of section 24 or 25 of
the Serious Organised Crime and Police Act 2005, a member of the
staff of the Serious Organised Crime Agency who is neither a
constable nor an employee of the police authority is provided to a
5
police force as if—
(a)
any unlawful conduct of his in the performance or purported
performance of his functions were unlawful conduct of a
constable under the direction and control of the chief officer
of police of that force; and
10
(b)
subsection (4) applied to him in the case of the police
authority maintaining that force.”
82
In section 89(4)(a) (assaults on constables) omit “or by a member of the
National Criminal Intelligence Service or of the National Crime Squad”.
83    (1)
Section 97 (police officers engaged on service outside their force) is amended
15
as follows.
      (2)
In subsection (1)—
(a)
omit paragraphs (ca) and (cb),
(b)
the paragraph (cd) inserted by paragraph 30(2) of Schedule 11 to the
Proceeds of Crime Act 2002 (c. 29) is to be paragraph (ce), and
20
(c)
after that paragraph insert—
“(cf)
temporary 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;”.
25
      (3)
In subsection (6)(a) for the words from “paragraph” to “subsection (1)”
substitute “paragraph (a), (aa), (b), (c), (cc), (cd), (ce), (cf), (d), (g) or (h) of
subsection (1)”.
      (4)
In subsection (8) for the words from “paragraph” to “subsection (1)”
substitute “paragraph (aa), (b), (c), (cc), (cd), (ce), (cf) or (d) of subsection (1)”.
30
84    (1)
Section 98 (cross-border aid) is amended as follows.
      (2)
In subsections (2) and (3)—
(a)
omit “or the Director General of the National Crime Squad”, and
(b)
omit “or the National Crime Squad”.
      (3)
Omit subsection (3A).
35
      (4)
In subsection (4)—
(a)
omit “or the National Crime Squad”,
(b)
for “(2), (3) or (3A)” substitute “(2) or (3)”, and
(c)
omit “or the Director General of the National Crime Squad”.
      (5)
In subsection (5)—
40
(a)
omit “or the National Crime Squad” (in both places), and
(b)
omit “or the Director General of the National Crime Squad”.
      (6)
Omit subsection (6A).

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
149

Employment Rights Act 1996 (c. 18)
85
The Employment Rights Act 1996 has effect subject to the following
amendments.
86
In section 43KA(2) (application of Part 4 of that Act to the police) for
paragraphs (b) and (c) substitute—
5
“(b)
in relation to a member of a police force seconded to the
Serious Organised Crime Agency to serve as a member of its
staff, that Agency; and”.
87
In section 50(2) (right to time off for public duties) omit paragraph (ca).
88
In section 134A (application of section 100 of that Act to the police) after
10
subsection (2) add—
“(3)
Subsection (1) does not apply to the holding of the office of constable
by a member of a police force on secondment to the Serious
Organised Crime Agency.”
Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6))
15
89
In Schedule 2 to the Juries (Northern Ireland) Order 1996 omit the entry
relating to members of the National Criminal Intelligence Service, members
of the Service Authority for the National Criminal Intelligence Service and
persons employed by the Authority.
Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))
20
90
The Employment Rights (Northern Ireland) Order 1996 has effect subject to
the following amendments.
91
In Article 67KA(3) (application of Part VA of that Order to the police) omit
sub-paragraph (b).
92
In Article 72A(2) (application of Article 68 of that Order to the police) omit
25
sub-paragraph (b).
93
In Article 169A(2) (application of Article 132 of that Order to the police) omit
sub-paragraph (b).
Police (Health and Safety) Act 1997 (c. 42)
94
In section 5(3) of the Police (Health and Safety) Act 1997—
30
(a)
in the definition of “relevant authority” omit paragraphs (c) and (d),
(b)
in the definition of “relevant fund” omit paragraphs (b) and (c), and
(c)
in the definition of “responsible officer” omit paragraph (b).
Police Act 1997 (c. 50)
95
The Police Act 1997 has effect subject to the following amendments.
35
96
Omit sections 1 to 87 (provision about NCIS and NCS and their Service
Authorities).
97
Omit sections 89 and 90 (general provision about NCS).
98    (1)
Section 93 (authorisations to interfere with property) is amended as follows.

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
150

      (2)
In subsection (1B) after “officer is a” insert “member of the staff of the Serious
Organised Crime Agency,”.
      (3)
In subsection (3) for paragraphs (b) and (c) substitute—
“(b)
if the authorising officer is within subsection (5)(f), by a
member of the staff of the Serious Organised Crime
5
Agency,”.
      (4)
In subsection (5) for paragraphs (f) and (g) substitute—
“(f)
the Director General of the Serious Organised Crime Agency,
or any member of the staff of that Agency who is designated
for the purposes of this paragraph by that Director General;”.
10
      (5)
In subsection (6) omit paragraphs (d) and (e).
99    (1)
Section 94 (authorisations in absence of authorising officer) is amended as
follows.
      (2)
In subsection (1)—
(a)
in paragraph (a) for “or (e)” substitute “, (e) or (f)”,
15
(b)
at the end of paragraph (a) insert “or”,
(c)
in paragraph (b) for “, (d) or (f)” substitute “or (d)”, and
(d)
omit paragraph (c) and the word “or” before it.
      (3)
In subsection (2) for paragraphs (e) and (ea) substitute—
“(e)
where the authorising officer is within paragraph (f) of that
20
subsection, by a person designated for the purposes of this
section by the Director General of the Serious Organised
Crime Agency;”.
      (4)
Omit subsections (3) and (4)(c).
100   (1)
Section 95 (form and duration of authorisations) is amended as follows.
25
      (2)
In subsection (6) for “or (g)” substitute “or (f)”.
      (3)
In subsection (7) for “, (d), (f) or (g)” substitute “or (d)”.
101   (1)
Section 97 (authorisations requiring approval) is amended as follows.
      (2)
In subsection (6A)—
(a)
for “, (e) or (g)” substitute “or (e)”, and
30
(b)
for “, Chief Constable or, as the case may be, Director General”
substitute “or, as the case may be, Chief Constable”.
      (3)
After subsection (6A) insert—
“(6B)
The reference in subsection (6) to the authorising officer who gave
the authorisation or in whose absence it was given shall be
35
construed—
(a)
in the case of an authorisation given by a person within
paragraph (f) of section 93(5), as a reference to that person,
and
(b)
in the case of an authorisation given in the absence of such a
40
person, as a reference to a member of the staff of the Serious
Organised Crime Agency who is designated for the purposes
of this section by the Director General of that Agency.”

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
151

102
In section 105(3) (supplementary provision about appeals) for “, (d), (f) or
(g)” substitute “or (d)”.
103
In section 107(4)(b) (exclusions from Chief Commissioner’s report) for
“Service Authority for the National Criminal Intelligence Service or the
Service Authority for the National Crime Squad” substitute “Serious
5
Organised Crime Agency”.
104   (1)
Section 109 (Police Information Technology Organisation) is amended as
follows.
      (2)
In subsection (3) after “police forces,” insert—
“(aa)
the Serious Organised Crime Agency,”.
10
      (3)
In subsection (4) for “(a) or (b)” substitute “(a), (aa) or (b)”.
105   (1)
Section 111 (interpretation of Part 5) is amended as follows.
      (2)
In subsection (1)—
(a)
at the end of paragraph (a) insert “and”, and
(b)
omit paragraphs (c) and (d).
15
      (3)
In subsection (2)—
(a)
at the end of paragraph (b) insert “and”, and
(b)
omit paragraphs (d) and (e).
      (4)
In subsection (3)—
(a)
at the end of paragraph (a) insert “and”, and
20
(b)
omit paragraphs (c) and (d).
106
In section 137(2) (extent) omit paragraphs (b) and (c).
107
Omit Schedules 1 to 2A (Service Authorities for NCIS and NCS).
Police (Health and Safety) (Northern Ireland) Order 1997 (S.I. 1997/1774 (N.I. 6))
108
In Article 7(3) of the Police (Health and Safety) (Northern Ireland) Order
25
1997—
(a)
in the definition of “the relevant authority”, omit sub-paragraph (b),
(b)
in the definition of “the relevant fund”, omit sub-paragraph (a), and
(c)
in the definition of “the responsible officer”, omit sub-paragraph (b).
Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))
30
109
The Race Relations (Northern Ireland) Order 1997 has effect subject to the
following amendments.
110
In Article 72A(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”.
35
111   (1)
Article 72B (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