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
152

treated as employment by the Agency as respects any act done by it
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
5
direction and control of the body;
(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.”
Audit Commission Act 1998 (c. 18)
10
112
In section 32(1) of the Audit Commission Act 1998 (documents to be sent by
the Audit Commission to the Secretary of State), for the words from “relates
to—” onwards substitute “relates to a police authority established under
section 3 of the Police Act 1996.”
Data Protection Act 1998 (c. 29)
15
113
In section 56(6) of the Data Protection Act 1998 (prohibition of requirement
to produce certain records), in the first entry in the first column of the Table,
for paragraphs (d) and (e) substitute—
“(d)
the Director General of the Serious Organised Crime
Agency.”
20
Police (Northern Ireland) Act 1998 (c. 32)
114
The Police (Northern Ireland) Act 1998 has effect subject to the following
amendments.
115   (1)
Section 27 (members of Police Service of Northern Ireland engaged on other
police service) is amended as follows.
25
      (2)
In subsection (1)—
(a)
omit paragraph (b), and
(b)
after paragraph (ca) insert—
“(cb)
seconded service as a member of the staff of the
Serious Organised Crime Agency on which a member
30
of the Police Service of Northern Ireland is engaged
with the consent of the Chief Constable;”.
      (3)
In subsection (5)(b) for the words from “subsection (1)(aa)” to “or (j)”
substitute “subsection (1)(aa), (c), (ca), (cb), (d), (e), (f), (h) or (j).
      (4)
In subsection (7) for “(1)(b), (c) or (ca)” substitute “(1)(c), (ca) or (cb)”.
35
116
In section 29(5) (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”.
117
In section 41 (inspectors of constabulary) for subsections (3) and (3A)
substitute—
40
“(3A)
The Secretary of State may at any time require the inspectors to carry
out an inspection under this section of the Police Service of Northern

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
153

Ireland; and a requirement under this subsection may include a
requirement for the inspection to be confined to a particular part of
the Service, to particular matters or to particular activities of the
Service.”
118   (1)
Section 42 (publication of reports of inspectors of constabulary) is amended
5
as follows.
      (2)
In subsection (1) omit “, (3)”.
      (3)
Omit subsection (7).
Crime and Disorder Act 1998 (c. 37)
119
Omit section 113 of the Crime and Disorder Act 1998 (deputy authorising
10
officer under Part 3 of Police Act 1997).
Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21))
120
The Fair Employment and Treatment (Northern Ireland) Order 1998 has
effect subject to the following amendments.
121
In Article 94(6) (police officers) for “section 23 of the Police Act 1997”
15
substitute “section 24 or 25 of the Serious Organised Crime and Police Act
2005.
122   (1)
Article 94A (other police bodies) is amended as follows.
      (2)
After paragraph (5) insert—
“(5A)
For the purposes of this Order (other than Part VII), the holding of
20
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 in relation to a constable or that office.”
      (3)
For paragraph (6) substitute—
“(6)
In this Article, in relation to any body of constables—
25
(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
(c)
“police fund” means money provided by that authority.”
30
Immigration and Asylum Act 1999 (c. 33)
123
The Immigration and Asylum Act 1999 has effect subject to the following
amendments.
124
In section 20(1) (supply of information to Secretary of State) for paragraphs
(b) and (c) substitute—
35
“(b)
the Serious Organised Crime Agency;”.
125   (1)
Section 21 (supply of information by Secretary of State) is amended as
follows.

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
154

      (2)
In subsection (1) for paragraphs (b) and (c) substitute—
“(b)
the Serious Organised Crime Agency, for use for SOCA
purposes;”.
      (3)
For subsections (4) and (5) substitute—
“(4)
“SOCA purposes” means any of the functions of the Serious
5
Organised Crime Agency mentioned in section 2 or 3 of the Serious
Organised Crime and Police Act 2005.”
Terrorism Act 2000 (c. 11)
126
The Terrorism Act 2000 has effect subject to the following amendments.
127
In section 19(7B) (duty to disclose information)—
10
(a)
for “person” substitute “member of the staff of the Serious Organised
Crime Agency”, and
(b)
for “the National Criminal Intelligence Service” substitute “that
Agency”.
128
In section 20(5) (permission to disclose information)—
15
(a)
for “person” substitute “member of the staff of the Serious Organised
Crime Agency”, and
(b)
for “the National Criminal Intelligence Service” substitute “that
Agency”.
129
In section 21A(14) (failure to disclose: regulated sector)—
20
(a)
for “person” substitute “member of the staff of the Serious Organised
Crime Agency”, and
(b)
for “the National Criminal Intelligence Service” substitute “that
Agency”.
130
In section 21B(7) (protected disclosures)—
25
(a)
for “person” substitute “member of the staff of the Serious Organised
Crime Agency”, and
(b)
for “the National Criminal Intelligence Service” substitute “that
Agency”.
131
In Schedule 14 (exercise of officers’ powers), in paragraph 4(1), for
30
paragraph (d) substitute—
“(d)
to the Serious Organised Crime Agency;”.
Regulation of Investigatory Powers Act 2000 (c. 23)
132
The Regulation of Investigatory Powers Act 2000 has effect subject to the
following amendments.
35
133   (1)
Section 6 (application for issue of an interception warrant) is amended as
follows.
      (2)
In subsection (2)(d) for “National Criminal Intelligence Service” substitute
“Serious Organised Crime Agency”.
      (3)
In subsection (3) after “specified in” insert “paragraph (a), (b), (c), (e), (f), (g),
40
(h), (i) or (j)”.
134   (1)
In section 17(3) (exclusion of matters from legal proceedings) for paragraphs

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
155

(c) and (d) substitute—
“(c)
any member of the staff of the Serious Organised Crime
Agency;”.
      (2)
Sub-paragraph (1) does not affect the operation of section 17 in relation to
conduct by any member of the National Criminal Intelligence Service or the
5
National Crime Squad which took place before the commencement of this
paragraph.
135   (1)
In section 19(2) (unauthorised disclosures) for paragraphs (c) and (d)
substitute—
“(c)
every member of the staff of the Serious Organised Crime
10
Agency;”.
      (2)
Sub-paragraph (1) does not affect the operation of section 19 in relation to
any person’s service as a member of the National Criminal Intelligence
Service or the National Crime Squad before the commencement of this
paragraph.
15
136   (1)
Section 25 (interpretation) is amended as follows.
      (2)
In subsection (1), in the definition of “relevant public authority”, for
paragraphs (b) and (c) substitute—
“(b)
the Serious Organised Crime Agency;”.
      (3)
After subsection (3) insert—
20
“(3A)
References in this Chapter to an individual holding an office or
position with the Serious Organised Crime Agency include
references to any member of the staff of that Agency.”
      (4)
For subsections (4) and (5) substitute—
“(4)
The Secretary of State may by order—
25
(a)
remove any person from the list of persons who are for the
time being relevant public authorities for the purposes of this
Chapter; and
(b)
make such consequential amendments, repeals or
revocations in this or any other enactment as appear to him
30
to be necessary or expedient.
(5)
The Secretary of State shall not make an order under this section—
(a)
that adds any person to the list of persons who are for the
time being relevant public authorities for the purposes of this
Chapter, or
35
(b)
that by virtue of subsection (4)(b) amends or repeals any
provision of an Act,

unless a draft of the order has been laid before Parliament and
approved by a resolution of each House.”
137
In section 32(6) (authorisation of intrusive surveillance) for paragraphs (k)
40
and (l) substitute—
“(k)
the Director General of the Serious Organised Crime Agency
and any member of the staff of that Agency who is
designated for the purposes of this paragraph by that
Director General;”.
45
138   (1)
Section 33 (rules for grant of authorisation) is amended as follows.

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
156

      (2)
In subsection (1)—
(a)
omit “, the National Criminal Intelligence Service or the National
Crime Squad”, and
(b)
omit “, Service or Squad”.
      (3)
After subsection (1) insert—
5
“(1A)
A person who is a designated person for the purposes of section 28
or 29 by reference to his office or position with the Serious Organised
Crime Agency shall not grant an authorisation under that section
except on an application made by a member of the staff of the
Agency.”
10
      (4)
In subsection (3)—
(a)
omit “, the National Criminal Intelligence Service or the National
Crime Squad”, and
(b)
omit (in both places) “, Service or Squad”.
      (5)
After subsection (3) insert—
15
“(3A)
The Director General of the Serious Organised Crime Agency or a
person designated for the purposes of section 32(6)(k) by that
Director General shall not grant an authorisation for the carrying out
of intrusive surveillance except on an application made by a member
of the staff of the Agency.”
20
      (6)
In subsection (5)(a) for “the National Criminal Intelligence Service or the
National Crime Squad,” substitute “a member of the staff of the Serious
Organised Crime Agency,”.
      (7)
In subsection (6)—
(a)
in paragraph (e) omit “and also of the National Criminal Intelligence
25
Service”, and
(b)
omit paragraph (f).
139   (1)
Section 34 (grant of authorisations in absence of senior officer) is amended
as follows.
      (2)
In subsection (1)(a) for “of the National Criminal Intelligence Service or of
30
the National Crime Squad” substitute “a member of the staff of the Serious
Organised Crime Agency”.
      (3)
In subsection (2)(a) for “, Service or Squad” substitute “or Agency”.
      (4)
In subsection (4) for paragraphs (j) and (k) substitute—
“(j)
a person is entitled to act for the Director General of the
35
Serious Organised Crime Agency if he is a person designated
for the purposes of this paragraph by that Director General as
a person entitled so to act in an urgent case;”.
      (5)
Omit subsection (5).
      (6)
Omit subsection (6)(c).
40
140   (1)
Section 35 (notification of certain authorisations) is amended as follows.
      (2)
In subsection (1) for “police, customs” substitute “police, SOCA, customs”.
      (3)
In subsection (10)—

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
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(a)
for “police, customs” substitute “police, SOCA, customs”, and
(b)
in paragraph (a) for “, the National Criminal Intelligence Service or
the National Crime Squad” substitute “or the Serious Organised
Crime Agency”.
141   (1)
Section 36 (approval required for authorisations to take effect) is amended
5
as follows.
      (2)
In subsection (1) for paragraphs (b) and (c) substitute—
“(b)
a member of the staff of the Serious Organised Crime
Agency;”.
      (3)
In subsection (6)—
10
(a)
in paragraph (b) for “National Criminal Intelligence Service or the
Director General of the National Crime Squad,” substitute “Serious
Organised Crime Agency,”, and
(b)
for paragraphs (d) and (e) substitute—
“(d)
where the authorisation was granted by a person
15
designated for the purposes of section 32(6)(k), or by
a person entitled to act for the Director General of the
Serious Organised Crime Agency by virtue of section
34(4)(j), that Director General;”.
142
In section 37(1) (quashing of police and customs authorisations) for
20
paragraphs (b) and (c) substitute—
“(b)
a member of the staff of the Serious Organised Crime
Agency;”.
143
In section 40 (duty to provide information to Surveillance Commissioners)
for paragraphs (b) and (c) substitute—
25
“(b)
every member of the staff of the Serious Organised Crime
Agency,”.
144
In section 45(6) (cancellation of authorisations)—
(a)
at the end of paragraph (b) insert “and”, and
(b)
omit paragraphs (d) and (e).
30
145
In section 46(3) (restriction on authorisations extending to Scotland) after
paragraph (da) insert—
“(db)
the Serious Organised Crime Agency;”.
146
In section 49(1)(e) (notices requiring disclosure) after “the police” (in both
places) insert “, SOCA”.
35
147   (1)
Section 51 (cases in which key required) is amended as follows.
      (2)
In subsection (2)—
(a)
for “the police, the customs” substitute “the police, SOCA, the
customs”, and
(b)
after paragraph (a) insert—
40
“(aa)
in the case of a direction by SOCA, except by or with
the permission of the Director General of the Serious
Organised Crime Agency;”.
      (3)
In subsection (3) after “of police,” insert “the Director General of the Serious
Organised Crime Agency,”.
45

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
158

      (4)
In subsection (6) after “of police,” insert “by the Director General of the
Serious Organised Crime Agency,”.
148
In section 54(3) (tipping-off) after “police” (in both places) insert “SOCA,”.
149   (1)
Section 55 (duties of specified authorities) is amended as follows.
      (2)
In subsection (1) after paragraph (b) insert—
5
“(ba)
the Director General of the Serious Organised Crime
Agency;”.
      (3)
After subsection (3) insert—
“(3A)
Paragraph 11 of Schedule 1 to the Serious Organised Crime and
Police Act 2005 does not apply in relation to the duties of the Director
10
General of the Serious Organised Crime Agency under this section.”
150
In section 56(1) (interpretation)—
(a)
in the definition of “chief officer of police” omit paragraphs (j) and
(k),
(b)
in paragraph (a) of the definition of “the police” after “constable”
15
insert “(except a constable who is a member of the staff of the Serious
Organised Crime Agency)”, and
(c)
after the definition of “section 49 notice” insert—
““SOCA” means the Serious Organised Crime Agency
or any member of the staff of the Serious Organised
20
Crime Agency;”.
151
In section 58(1) (co-operation with Commissioner) for paragraphs (b) and (c)
substitute—
“(b)
every member of the staff of the Serious Organised Crime
Agency,”.
25
152
In section 65(6) (the Tribunal) for paragraphs (d) and (e) substitute—
“(d)
the Serious Organised Crime Agency; or”.
153
In section 68(7) (disclosure to Tribunal) for paragraphs (b) and (c)
substitute—
“(b)
every member of the staff of the Serious Organised Crime
30
Agency;”.
154
In section 75(6) (authorisations under Part 3 of Police Act 1997) omit
paragraph (b).
155   (1)
Section 76A (foreign surveillance operations) is amended as follows.
      (2)
In subsection (6)(a) for “National Criminal Intelligence Service” substitute
35
“Serious Organised Crime Agency”.
      (3)
In subsection (11), in the definition of “United Kingdom officer”—
(a)
in paragraph (b) for “National Criminal Intelligence Service”
substitute “staff of the Serious Organised Crime Agency”, and
(b)
in paragraph (c) omit “the National Crime Squad or”.
40
156   (1)
In Schedule 1 (relevant authorities) for paragraphs 2 and 3 substitute—
“2
The Serious Organised Crime Agency.”
157   (1)
Schedule 2 (persons having appropriate permission) is amended as follows.