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
159

      (2)
In paragraph 2—
(a)
in sub-paragraph (3) after “the police” insert “, SOCA”, and
(b)
in sub-paragraph (5) after “Only the police” insert “, SOCA”.
      (3)
In paragraph 4(2) after “the police,” (in each place) insert “SOCA,”.
      (4)
In paragraph 5(3)(b) after “police” insert “, SOCA”.
5
      (5)
In paragraph 6—
(a)
after sub-paragraph (3) insert—
   “(3A)
A member of the staff of the Serious Organised Crime
Agency does not by virtue of paragraph 1, 4 or 5 have the
appropriate permission in relation to any protected
10
information unless permission to give a section 49 notice in
relation to that information has been granted—
(a)
by the Director General; or
(b)
by a member of the staff of the Agency of or above
such level as the Director General may designate
15
for the purposes of this sub-paragraph.”; and
(b)
after sub-paragraph (5) add—
    “(6)
In sub-paragraph (2) “constable” does not include a
constable who is a member of the staff of the Serious
Organised Crime Agency.”
20
Football (Disorder) Act 2000 (c. 25)
158
Omit section 2 of the Football (Disorder) Act 2000 (disclosure of information
by NCIS).
Freedom of Information Act 2000 (c. 36)
159
The Freedom of Information Act 2000 has effect subject to the following
25
amendments.
160
In section 23(3) (bodies supplying information which is exempt) omit “and”
at the end of paragraph (k) and after paragraph (l) add—
“(m)
the Serious Organised Crime Agency.”
161
In Schedule 1 (list of public authorities), in Part 6, omit the entries relating to
30
the National Crime Squad and the Service Authority for the National Crime
Squad.
Criminal Justice and Court Services Act 2000 (c. 43)
162
In section 71(1) and (2)(a) of the Criminal Justice and Court Services Act 2000
(access to driver licensing records) after “constables” insert “and members of
35
the staff of the Serious Organised Crime Agency”.
Criminal Justice and Police Act 2001 (c. 16)
163
The Criminal Justice and Police Act 2001 has effect subject to the following
amendments.
164
In section 88(8) (functions of Central Police Training and Development
40

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
160

Authority) for paragraphs (a) and (b) substitute—
“(a)
the Serious Organised Crime Agency;”.
165   (1)
Section 104 (vice-chairmen) is amended as follows.
      (2)
Omit subsection (3).
      (3)
In subsection (4)—
5
(a)
at the end of paragraph (a) insert “and”, and
(b)
omit paragraph (c) and the word “and” before it.
      (4)
Omit subsection (8).
166   (1)
Section 107 (payment of allowances to authority members) is amended as
follows.
10
      (2)
Omit subsection (1)(c).
      (3)
Omit subsection (4).
167
Omit sections 108 to 121 (provision about NCIS and NCS and their Service
Authorities).
168
Omit section 138(6)(d) (extent).
15
Proceeds of Crime Act 2002 (c.29)
169
The Proceeds of Crime Act 2002 has effect subject to the following
amendments.
170
In section 313(1) (restriction on performance by police of functions of the
Director of the Assets Recovery Agency) omit paragraphs (c) and (d).
20
171
In section 330(5)(a) (required disclosure of information regarding money
laundering) for “the Director General of the National Criminal Intelligence
Service” substitute “the Director General of the Serious Organised Crime
Agency”.
172
In section 331(5)(a) (required disclosure of information regarding money
25
laundering) for “the Director General of the National Criminal Intelligence
Service” substitute “the Director General of the Serious Organised Crime
Agency”.
173
In section 332(5)(a) (required disclosure of information regarding money
laundering) for “the Director General of the National Criminal Intelligence
30
Service” substitute “the Director General of the Serious Organised Crime
Agency”.
174
In section 336 (giving of consent by a nominated officer) in subsections (2)(a),
(3)(a) and (4)(a), for “the Director General of the National Criminal
Intelligence Service” substitute “the Director General of the Serious
35
Organised Crime Agency”.
175
In section 340(13) (interpretation of references to constable) for “the Director
General of the National Criminal Intelligence Service” substitute “the
Director General of the Serious Organised Crime Agency”.
176
In section 378(5) (interpretation of references to officers) for “the Director
40
General of the National Criminal Intelligence Service” substitute “the
Director General of the Serious Organised Crime Agency”.

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
161

177
In section 436(5) (persons permitted to disclose information to the Director
of the Assets Recovery Agency) for paragraphs (b) and (c) substitute—
“(b)
the Director General of the Serious Organised Crime
Agency;”.
178
In section 439(5) (persons permitted to disclose information to the Lord
5
Advocate and Scottish Ministers) for paragraphs (b) and (c) substitute—
“(b)
the Director General of the Serious Organised Crime
Agency;”.
179
In section 445(2)(b) (external investigations) for “the Director General of the
National Criminal Intelligence Service” substitute “the Director General of
10
the Serious Organised Crime Agency”.
Police Reform Act 2002 (c. 30)
180
The Police Reform Act 2002 has effect subject to the following amendments.
181
Omit section 8 (powers of Secretary of State in relation to NCIS and NCS).
182   (1)
Section 38 (exercise of police powers by civilian employees) is amended as
15
follows.
      (2)
Omit subsection (3).
      (3)
In subsection (4) omit “or a Director General”.
      (4)
In subsection (7) omit “or of a Service Authority”.
183
In section 42 (supplementary provisions relating to exercise of police
20
powers) omit subsections (4) and (8).
184   (1)
Section 45 (code of practice relating to exercise of police powers) is amended
as follows.
      (2)
In subsection (1) omit “and by Directors General”.
      (3)
In subsection (3) omit paragraphs (a), (b), (d) and (e).
25
      (4)
In subsection (5) omit “or a Director General”.
185
In section 47(1) (interpretation) omit the definitions of “Director General”
and “Service Authority”.
186   (1)
Section 82 (police nationality requirements) is amended as follows.
      (2)
In subsection (1) omit paragraph (c).
30
      (3)
In subsection (2)—
(a)
at the end of paragraph (a) insert “or”, and
(b)
omit paragraph (c) and the word “or” before it.
      (4)
In subsection (3)—
(a)
at the end of paragraph (c) insert “and”, and
35
(b)
omit paragraph (d).
      (5)
In subsection (4) for “, Service or Squad” substitute “or Service”.
187
Omit sections 85 to 91 (NCIS and NCS: general provisions).
188
Omit section 93 (quorum for NCIS and NCS service authorities).

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
162

189   (1)
Section 102 (liability for wrongful acts of constables) is amended as follows.
      (2)
In subsection (2) omit paragraphs (c) and (d).
      (3)
In subsection (5) omit paragraphs (b) and (c).
190   (1)
Section 103 (liability in respect of members of teams) is amended as follows.
      (2)
Omit subsections (2) and (3).
5
      (3)
In subsection (6) omit “, the NCIS service fund or the NCS service fund,”.
191
In Schedule 4 (powers exercisable by police civilians), in paragraph 36(1),
omit paragraph (b) and the word “and” before it.
Crime (International Co-operation) Act 2003 (c. 32)
192
Omit section 85 (liability of NCIS in respect of foreign officers) of the Crime
10
(International Co-operation) Act 2003.
Courts Act 2003 (c. 39)
193
In section 41(6)(c) of the Courts Act 2003 (disqualification of lay justices who
are members of local authorities) for “, the Service Authority for the National
Criminal Intelligence Service or the Service Authority for the National
15
Crime Squad” substitute “or the Serious Organised Crime Agency”.
Sexual Offences Act 2003 (c. 42)
194
The Sexual Offences Act 2003 has effect subject to the following
amendments.
195
In section 94(3) (supply of information for verification) for paragraphs (c)
20
and (d) substitute—
“(c)
the Serious Organised Crime Agency.”
196
In section 95(2) (supply of information by Secretary of State) for paragraphs
(b) and (c) substitute—
“(b)
the Serious Organised Crime Agency.”
25
Criminal Justice Act 2003 (c. 44)
197
In section 29(5) of the Criminal Justice Act 2003 (persons who may institute
criminal proceedings by written charge) after paragraph (c) insert—
“(ca)
the Director General of the Serious Organised Crime Agency
or a person authorised by him to institute criminal
30
proceedings;”.
Energy Act 2004 (c. 20)
198
The Energy Act 2004 has effect subject to the following amendments.
199
In section 59(3) (members of civil nuclear constabulary serving with other
forces)—
35
(a)
in the definition of “chief officer” omit paragraphs (c) and (d), and
(b)
in the definition of “relevant force” omit paragraphs (c) and (d).

Serious Organised Crime and Police Bill
Schedule 5 — Persons specified for the purposes of section 77
163

200
After section 59 insert—
“59A
Constables serving with Serious Organised Crime Agency
(1)
A member of the Constabulary 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 the Serious
Organised Crime Agency and the chief constable.”
10
Domestic Violence, Crime and Victims Act 2004 (c. 28)
201
In Schedule 9 to the Domestic Violence, Crime and Victims Act 2004
(authorities within remit of Commissioner for Victims and Witnesses) for
paragraphs 13 and 14 substitute—
“13
The Serious Organised Crime Agency.”
15
Schedule 5
Section 77

Persons specified for the purposes of section 77
1
A person who is or might be, or who has been, a witness in legal proceedings
(whether or not in the United Kingdom).
2
A person who is or has been a member of a jury.
20
3
A person who holds or has held judicial office (whether or not in the United
Kingdom).
4
A person who is or has been a justice of the peace or who holds or has held
a position comparable to that of a justice of the peace in a place outside the
United Kingdom.
25
5
A person who is or has been a member of an international tribunal which has
jurisdiction in criminal matters.
6
A person who conducts or has conducted criminal prosecutions (whether or
not in the United Kingdom).
7     (1)
A person who is or has been the Director of Public Prosecutions for England
30
and Wales.
      (2)
A person who is or has been a member of staff of the Crown Prosecution
Service for England and Wales.
8     (1)
A person who is or has been the Director or deputy Director of Public
Prosecutions for Northern Ireland.
35
      (2)
A person who is or has been a person appointed under Article 4(3) of the
Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I.1))
to assist the Director of Public Prosecutions for Northern Ireland.

Serious Organised Crime and Police Bill
Schedule 5 — Persons specified for the purposes of section 77
164

9
A person who is or has been under the direction and control of the Lord
Advocate in the Lord Advocate’s capacity as head of the systems of criminal
prosecution and investigation of deaths in Scotland.
10    (1)
A person who is or has been the Director of Revenue and Customs
Prosecutions.
5
      (2)
A person who is or has been a member of staff of the Revenue and Customs
Prosecutions Office.
11
A person who is or has been a constable.
12
A person who is or has been designated under—
(a)
section 38(1) of the Police Reform Act 2002 (c. 30) (police powers for
10
police authority employees);
(b)
section 30(1) of the Police (Northern Ireland) Act 2003 (c. 6) (police
powers for designated police support staff).
13
A person who is a police custody and security officer (within the meaning of
section 9(1A) of the Police (Scotland) Act 1967 (c. 77)) of a police authority in
15
Scotland.
14
A person who—
(a)
is or has been an officer of Revenue and Customs;
(b)
is or has been a member of staff of Her Majesty’s Customs and
Excise.
20
15
A person who is or has been a person appointed as an immigration officer
under paragraph 1 of Schedule 2 to the Immigration Act 1971 (c. 77).
16
A person who is or has been a member of staff of SOCA.
17    (1)
A person who is or has been the Director General of the National Criminal
Intelligence Service or the Director General of the National Crime Squad.
25
      (2)
A person who is or has been under the direction and control of the Director
General of the National Criminal Intelligence Service or the Director General
of the National Crime Squad.
18    (1)
A person who is or has been the Director of the Scottish Drug Enforcement
Agency.
30
      (2)
A person who is or has been under the direction and control of the Director
of the Scottish Drug Enforcement Agency.
19    (1)
A person who is or has been the Director of the Assets Recovery Agency.
      (2)
A person who is or has been a member of staff of the Assets Recovery
Agency or a person with whom the Director of that Agency has made
35
arrangements for the provision of services under section 1(4) of the Proceeds
of Crime Act 2002 (c. 29).
20    (1)
A person who is or has been the head of the Civil Recovery Unit, that is to
say of the organisation known by that name which acts on behalf of the
Scottish Ministers in proceedings under Part 5 of the Proceeds of Crime Act
40
2002 (civil recovery of the proceeds etc. of unlawful conduct).
      (2)
A person who is or has been a member of staff of the Civil Recovery Unit.

Serious Organised Crime and Police Bill
Schedule 6 — Minor and consequential amendments relating to section 93
165

21    (1)
A person who is or has been a person appointed by virtue of section 246(1)
of the Proceeds of Crime Act 2002 (c. 29) as an interim receiver.
      (2)
A person who assists or has assisted an interim receiver so appointed in the
exercise of such functions as are mentioned in section 247 of that Act.
22    (1)
A person who is or has been a person appointed by virtue of section 256(1)
5
of the Proceeds of Crime Act 2002 as an interim administrator.
      (2)
A person who assists or has assisted an interim administrator so appointed
in the exercise of such functions as are mentioned in section 257 of that Act.
23    (1)
A person who is or has been the head of the Financial Crime Unit, that is to
say of the organisation known by that name which, among other activities,
10
acts on behalf of the Lord Advocate in proceedings under Part 3 of the
Proceeds of Crime Act 2002 (confiscation: Scotland).
      (2)
A person who is or has been a member of staff of the Financial Crime Unit.
24
A person who is or has been a prison officer.
25
A person who is or has been a covert human intelligence source (within the
15
meaning of section 26(8) of the Regulation of Investigatory Powers Act 2000
(c. 23) or of section 1(7) of the Regulation of Investigatory Powers (Scotland)
Act 2000 (asp 11)).
26
A person who is associated with a person specified in any of the preceding
paragraphs.
20
Schedule 6
Section 93

Minor and consequential amendments relating to section 93
Prescription and Limitation (Scotland) Act 1973 (c. 52)
1
In section 19B(3) of the Prescription and Limitation (Scotland) Act 1973
(actions for recovery of property obtained through unlawful conduct etc.)—
25
(a)
after paragraph (a) insert—
“(aa)
an application is made for a prohibitory property
order, or”, and
(b)
for “earlier” substitute “earliest”.
Limitation Act 1980 (c. 58)
30
2
In section 27A(3) of the Limitation Act 1980 (time limits for bringing
proceedings for recovery order: when proceedings are brought)—
(a)
after paragraph (a) insert—
“(aa)
an application is made for a property freezing order,
or”, and
35
(b)
for “earlier” substitute “earliest”.