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 15 — Amendments of Part 5 of Police Act 1997
214

(a)
in subsection (1A) for “section 113(3A) or (3C) or (3EA) or (3EC)”
substitute “section 113C(3) or 113D(3)”;
(b)
in subsection (2) for “115” substitute “113B”.
5
In section 119A(2) for the words from “under” to “adults)” substitute “in a
list mentioned in section 113C(3) or 113D(3)”.
5
6
In section 120—
(a)
in subsection (3)(b) for “113 or 115” substitute “113A or 113B”;
(b)
in subsection (5)(b) for “113 or 115” substitute “113A or 113B”;
(c)
in subsection (7) for “113” substitute “113A”.
7
In section 120ZA(4)(b) for “113 or 115” substitute “113A or 113B”.
10
8
In section 120A (as inserted by section 134(1) of the Criminal Justice and
Police Act 2001 (c. 16))—
(a)
in subsection (3)(b) for “section 113(3A) or (3C) or (3EA) or (3EC)”
substitute “section 113C(3) or 113D(3)”;
(b)
in subsection (5) for “113” substitute “113A”.
15
9
In section 120A (as inserted by section 70 of the Criminal Justice (Scotland)
Act 2003 (asp 7))—
(a)
in subsection (3)(a) for “113” substitute “113A”;
(b)
in subsection (3)(b) for “113(3C)” substitute “113C(3) or 113D(3)”;
(c)
after subsection (6) (as inserted by section 148(2) of this Act) insert—
20
“(7)
In the case of such a body the reference in subsection (5) to a
police authority must be construed as a reference to such
body as is prescribed.”
10
In section 121 for “under section 114(2), 115(4) or (10), 116(2), 122(1) or (2) or
125” substitute “in relation to the making of regulations or orders”.
25
11
In section 122(3) and (4)(b) for “113 or 115” substitute “113A or 113B”.
12
In section 124—
(a)
in subsections (1), (2), (3), (4) and (6) for “113 or 115” substitute “113A
or 113B”;
(b)
in subsection (5) for “115(8)” substitute “113B(5)”;
30
(c)
in subsection (6)(e) for “113” substitute “113A”.
13
In section 124B—
(a)
in subsection (1) for “113” substitute “113A”;
(b)
in subsection (3) for “113(5)” substitute “113A(6)”.
14
In section 125, at the end add—
35
“(6)
If the power mentioned in subsection (1) is exercised by the Scottish
Ministers, the reference in subsection (3) to each House of Parliament
must be construed as a reference to the Scottish Parliament.”

Serious Organised Crime and Police Bill
Schedule 16 — Private Security Industry Act 2001: Scottish extent
215

Schedule 16
Section 153

Private Security Industry Act 2001: Scottish extent
1
The Private Security Industry Act 2001 is amended as follows.
2
In section 2 (directions etc. by the Secretary of State)—
(a)
in subsection (2), the existing words “shall consult the Authority”
5
become paragraph (a) and after that paragraph add “and
(b)
where any of those directions relates wholly or
mainly to the exercise of the Authority’s activities in
or as regards Scotland, shall obtain the consent of the
Scottish Ministers.”; and
10
(b)
in subsection (3), the existing words “the Secretary of State with such
information about its activities as he may request” become
paragraph (a) and after that paragraph add “and
(b)
the Scottish Ministers with such information about its
activities in or as regards Scotland as they may
15
request.”
3
After section 2 insert—
“2A
Authority to be treated as cross-border public authority etc. for certain
purposes

For the purposes of—
20
(a)
section 5(5B) of the Parliamentary Commissioner Act 1967
(restriction on investigatory powers of Parliamentary
Commissioner for Administration);
(b)
section 23(2)(b) of the Scotland Act 1998 (power of Scottish
Parliament to require persons outside Scotland to give
25
evidence or produce documents);
(c)
section 70(6) of that Act of 1998 (accounts prepared by cross-
border authorities);
(d)
section 91(3)(d) of that Act of 1998 (provision for
investigation of certain complaints); and
30
(e)
section 7(5) of the Scottish Public Services Ombudsman Act
2002 (restriction on investigatory powers of ombudsman),

the Authority is to be treated as a cross-border public authority
within the meaning of that Act of 1998.”
4
In section 7 (licensing criteria), after subsection (5) insert—
35
“(5A)
Before giving approval under subsection (5), the Secretary of State
shall consult the Scottish Ministers.”
5
In section 11 (appeals in licensing matters)—
(a)
in subsection (1), after “court” insert “(in Scotland, to the sheriff)”;
(b)
in subsection (4), the existing words from “a magistrates’” to “Crown
40
Court” become paragraph (a) and after that paragraph insert “or
(b)
the sheriff makes a decision on an appeal under that
subsection, an appeal to the Sheriff Principal,”; and
(c)
in subsection (6)(d), the existing words from “the appropriate” to the

Serious Organised Crime and Police Bill
Schedule 16 — Private Security Industry Act 2001: Scottish extent
216

end become sub-paragraph (i) and after that sub-paragraph add “or
“(ii)
the sheriff or the Sheriff Principal may direct
pending an appeal from a determination
made on an appeal to the sheriff.”
6
In section 13 (licensing at local authority level), at the end add—
5
“(8)
This section does not apply to Scotland.”
7
In section 15(1) (duty to secure arrangements are in force for granting certain
approvals), at the end of paragraph (a) add “or in Scotland”.
8
In section 18 (appeals relating to approvals)—
(a)
in subsection (1), after “court” insert “(in Scotland, to the sheriff)”;
10
(b)
in subsection (4), the existing words from “a magistrates’” to “Crown
Court” become paragraph (a) and after that paragraph insert “or
(b)
the sheriff makes a decision on an appeal under that
subsection, an appeal to the Sheriff Principal,”; and
(c)
in subsection (5)(d), the existing words from “the appropriate” to the
15
end become sub-paragraph (i) and after that sub-paragraph add “or
(ii)
the sheriff or the Sheriff Principal may direct
pending an appeal from a determination
made on an appeal to the sheriff.”
9
In section 23 (criminal liability of directors etc.), the existing words become
20
subsection (1) and after that subsection add—
“(2)
Where an offence under any provision of this Act is committed by a
Scottish partnership and is proved to have been committed with the
consent or connivance of, or to be attributable to any neglect on the
part of—
25
(a)
a partner; or
(b)
any person who was purporting to be a partner,

he (as well as the partnership) shall be guilty of that offence and
liable to be proceeded against and punished accordingly.”
10
In section 24 (consultation with Security Industry Authority before making
30
orders or regulations etc.)—
(a)
after subsection (1) insert—
“(1A)
But in Scotland “prescribed” in paragraph 8(3)(g) of Schedule
2 to this Act includes prescribed by regulations made by the
Scottish Ministers.”;
35
(b)
in subsection (2), after “Secretary of State” insert “or the Scottish
Ministers”;
(c)
in subsection (3), after paragraph (b) insert “or
(c)
regulations made by the Scottish Ministers,”;
(d)
after subsection (3) insert—
40
“(3A)
A statutory instrument containing regulations made by the
Scottish Ministers shall be subject to annulment in pursuance
of a resolution of the Scottish Parliament.”; and
(e)
in subsection (4), after “consult” insert “the Scottish Ministers (except
where the order is made by virtue of section 3(2)(j)) and”.
45

Serious Organised Crime and Police Bill
Schedule 16 — Private Security Industry Act 2001: Scottish extent
217

11
In section 26(4) (general provision as regards extent), after “Wales” insert
“and to Scotland”.
12
In Schedule 1 (the Security Industry Authority)—
(a)
in paragraph 1 (membership and chairman), at the end add—
    “(4)
Before appointing the chairman, the Secretary of State shall
5
consult the Scottish Ministers.”;
(b)
in paragraph 3 (removal from office), the existing words become sub-
paragraph (1) and after that sub-paragraph insert—
    “(2)
Before removing a person from office as chairman of the
Authority, the Secretary of State shall consult the Scottish
10
Ministers.”;
(c)
in paragraph 6 (staff etc.), after sub-paragraph (2) insert—
   “(2A)
Before giving consent under sub-paragraph (2), the
Secretary of State shall consult the Scottish Ministers.”;
(d)
in paragraph 14 (money), after sub-paragraph (1) insert—
15
   “(1A)
The Scottish Ministers may make payments to the
Authority out of the Scottish Consolidated Fund in relation
to the exercise by the Authority of its functions in or as
regards Scotland.”;
(e)
in paragraph 16 (accounts)—
20
(i)
in sub-paragraph (3), after second “State” insert “, to the
Scottish Ministers”; and
(ii)
after sub-paragraph (3) insert—
   “(3A)
The Scottish Ministers shall present documents received
by them under sub-paragraph (3) to the Scottish
25
Parliament.”; and
(f)
in paragraph 17 (annual report)—
(i)
in sub-paragraph (1), after “State” insert “and to the Scottish
Ministers”; and
(ii)
at the end add—
30
    “(3)
The Scottish Ministers shall lay a copy of each such report
before the Scottish Parliament.”
13
In Schedule 2 (activities liable to control under the Private Security Industry
Act 2001 (c. 12))—
(a)
in paragraph 3 (immobilisation of vehicles), at the end add—
35
    “(4)
This paragraph does not apply to any activities carried out
in Scotland.”;
(b)
in paragraph 4 (private investigations), after sub-paragraph (4)
insert—
   “(4A)
This paragraph does not apply to any activities of a person
40
who is an advocate or solicitor in Scotland in the provision
of legal services—
(a)
by him;
(b)
by any firm of which he is a partner or by which he
is employed;
45

Serious Organised Crime and Police Bill
Schedule 16 — Private Security Industry Act 2001: Scottish extent
218

(c)
by any body corporate of which he is a director or
member or by which he is employed.”;
(c)
after paragraph 4 insert—
“Taking precognitions
4A    (1)
This paragraph applies (subject to sub-paragraph (2)) to
5
the taking, other than on behalf of the Crown, of a
precognition for the purposes of, or in anticipation of—
(a)
criminal or civil proceedings in Scotland; or
(b)
proceedings on an application under section 65(7)
or (9) of the Children (Scotland) Act 1995.
10
      (2)
This paragraph does not apply to any activities of a person
who is an advocate or solicitor in Scotland.”;
(d)
in paragraph 8(2) (door supervisors etc. for public houses, clubs and
comparable venues) after paragraph (e) add—
“(f)
any premises specified in a public house licence
15
(within the meaning of the Licensing (Scotland) Act
1976) which is for the time being in force;
(g)
any premises specified in an hotel licence (within
the meaning of that Act) which is for the time being
in force;
20
(h)
any premises specified in an entertainment licence
(within the meaning of that Act) which is for the
time being in force if they comprise a dance hall;
(i)
any premises comprised in a place to which an
occasional licence granted under section 33(1) of
25
that Act (occasional licence for premises other than
licensed premises or clubs) to the holder of a public
house licence or hotel licence extends;
(j)
any premises comprised in a place to which an
occasional permission granted under section 34(1)
30
of that Act (occasional permission for sale of
alcohol in the course of catering for events arising
from or related to the activities of a voluntary
organisation) extends;
(k)
any premises comprised in a place or class of place
35
for the time being specified by resolution under
section 9(5)(b) of the Civic Government (Scotland)
Act 1982 (resolution specifying place or class of
place falling to be licensed if to be used as place of
public entertainment);
40
(l)
any premises comprised in a place where an
activity for the time being designated under section
44(1) of that Act (additional activities for which a
licence is required) is carried on provided that, in
the case of an activity designated under paragraph
45
(a) of that section, the requisite resolution under
section 9 of that Act has been obtained;”; and

Serious Organised Crime and Police Bill
Schedule 17 — Repeals and revocations
Part 2 — Other repeals and revocations
219

(e)
after paragraph 9 add—
“Taking precognitions
10
This paragraph applies to any activities which are
activities of a security operative by virtue of paragraph 4A
of this Schedule.”
5
Schedule 17
Section 156

Repeals and revocations
Part 1
Repeals coming into force on Royal Assent

Short title and chapter
Extent of repeal

10

Police Reform Act 2002 (c. 30)
Section 95.

In Schedule 8, the reference to section 5 of the

Police (Health and Safety) Act 1997 (c. 42).

Part 2
Other repeals and revocations
15

Short title and chapter or title and
Extent of repeal or revocation

number

Public Stores Act 1875 (c. 25)
Section 12(1).

Army Act 1955 (3 & 4 Eliz. 2
Section 83BC(2)(k).

c. 18)

20

Air Force Act 1955 (3 & 4 Eliz. 2
Section 83BC(2)(k).

c. 19)

Naval Discipline Act 1957
Section 52IJ(2)(k).

(c. 53)

Public Records Act 1958 (c. 51)
In Schedule 1, in Part 2 of the Table at the end of

25

paragraph 3, the entries relating to the Service

Authorities for the National Crime Squad and

the National Criminal Intelligence Service.

Trustee Investments Act 1961
In section 11(4), in paragraph (a), the words “,

(c. 62)
the Service Authority for the National Crime

30

Squad”, and paragraph (e).

In Part 2 of Schedule 1, paragraph 9(da).

Parliamentary Commissioner
In Schedule 2, the entries relating to the Service

Act 1967 (c. 13)
Authorities for the National Crime Squad and

the National Criminal Intelligence Service.

35

Police (Scotland) Act 1967
In section 33, in subsections (3) and (4), the

(c. 77)
words “and the National Criminal

Intelligence Service”.

Section 38A(1)(ba).

In section 41(4)(a), the words “or by a member

40

of the National Criminal Intelligence Service

or of the National Crime Squad”.

Leasehold Reform Act 1967
Section 28(5)(bc).

(c. 88)

Serious Organised Crime and Police Bill
Schedule 17 — Repeals and revocations
Part 2 — Other repeals and revocations
220

Short title and chapter or title and
Extent of repeal or revocation

number

Port of London Act 1968
In section 2, the definition of “arrestable

(c. xxxii)
offence”.

Employment Agencies Act 1973
In section 13(7)(f), the words “, the Service

5

(c. 35)
Authority for the National Criminal

Intelligence Service, the Service Authority for

the National Crime Squad”.

House of Commons
Section 1(1)(da).

Disqualification Act 1975

10

(c. 24)

House of Commons
In Schedule 1, in Part 2, the entries relating to

Disqualification Act 1975
the Service Authorities for the National

(c. 24)—cont.
Crime Squad and the National Criminal

Intelligence Service.

15

Northern Ireland Assembly
Section 1(1)(da).

Disqualification Act 1975
In Schedule 1, in Part 2, the entries relating to

(c. 25)
the Service Authorities for the National

Crime Squad and the National Criminal

Intelligence Service.

20

Sex Discrimination Act 1975
In section 17(7), in the definition of “chief officer

(c. 65)
of police”, paragraph (aa), in the definition of

“police authority”, paragraph (aa) and, in the

definition of “police fund” the words from “,

in relation to” (in the second place where they

25

occur) to “the Police Act 1997”.

Police Pensions Act 1976 (c. 35)
In section 11(5), in paragraph (a) of the

definition of “central service”, “(ca), (cb),”.

Race Relations Act 1976 (c. 74)
In section 76B, subsection (1) and, in subsection

(2), the word “also”.

30

In Schedule 1A, in Part 1, paragraphs 59 and 60

and, in Part 3, the entry relating to the

Director General of the National Crime

Squad.

Health and Safety at Work
In Article 47A(2), sub-paragraph (b).

35

(Northern Ireland) Order

1978 (S.I. 1978/1039 (N.I. 9))

Stock Transfer Act 1982 (c. 41)
In Schedule 1, in paragraph 7(1), paragraph (bb)

and the word “or” before it.

Police and Criminal Evidence
Section 5(1A).

40

Act 1984 (c. 60)
In section 15(2)(a)(i), the word “and” at the end.

Section 25.

Section 55(14A).

In section 66(1)(a)(i), the word “or” at the end.

Section 116.

45

In section 118(1), the definition of “arrestable

offence”.

Schedule 1A.

Schedule 5.

In Schedule 6, paragraph 17.

50

Prosecution of Offences Act
In section 3(3), in the definition of “police force”,

1985 (c. 23)
the words “, the National Crime Squad”.

Ministry of Defence Police Act
In section 2B(3), in the definitions of “chief

1987 (c. 4)
officer” and “relevant force”, paragraphs (c)

and (d).

55