|
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Regulation of investigatory powers |
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77 | Extension of powers of Revenue and Customs |
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Schedule 12 (which makes provision about the regulation of investigatory |
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powers of Her Majesty’s Revenue and Customs) has effect. |
| 5 |
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Other measures to disrupt serious crime |
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78 | Power to search for firearms |
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If a police constable has reason to believe that a person or persons in a |
| |
particular area may be carrying firearms, he may arrange— |
| 10 |
(a) | for that area to be sealed off; and |
| |
(b) | for the searching of any people or vehicles in that particular area for |
| |
firearms, by whatever means he considers appropriate. |
| |
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General and final provisions |
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79 | Orders of the Secretary of State and the Scottish Ministers |
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(1) | Any power of the Secretary of State or the Scottish Ministers to make an order |
| |
under this Act is exercisable by statutory instrument. |
| |
(2) | Any power of the Secretary of State to make an order under this Act— |
| 20 |
(a) | may be exercised so as to make different provision for different cases or |
| |
descriptions of case or different purposes; |
| |
(b) | includes power to make such supplementary, incidental, |
| |
consequential, transitional, transitory or saving provision as the |
| |
Secretary of State considers appropriate. |
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(3) | No order is to be made under section 5(4), 46(6), 58(3), 64 or 80, or paragraph |
| |
100 of Schedule 8, unless a draft of the order has been laid before, and |
| |
approved by a resolution of, each House of Parliament. |
| |
(4) | Subsection (3) does not apply to an order under section 80 which does not |
| |
amend or repeal any provision of an Act. |
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(5) | An order under section 80 which does not amend or repeal any provision of an |
| |
Act is subject to annulment in pursuance of a resolution of either House of |
| |
| |
(6) | An order under section 8, 28(6) or (11), 29(6) or (11), 33 or 63 is subject to |
| |
annulment in pursuance of a resolution of either House of Parliament. |
| 35 |
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|
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80 | Supplementary, incidental and consequential provision |
| |
(1) | The Secretary of State may by order make such supplementary, incidental or |
| |
consequential provision as he considers appropriate for the general purposes, |
| |
or any particular purpose, of this Act or in consequence of any provision made |
| |
by or under this Act or for giving full effect to this Act or any such provision. |
| 5 |
(2) | The power conferred by this section may, in particular, be exercised by |
| |
amending, repealing, revoking or otherwise modifying any provision made by |
| |
or under an enactment (including this Act and any Act passed in the same |
| |
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(3) | The power conferred by this section does not include the power to make |
| 10 |
provision which would be within the legislative competence of the Scottish |
| |
Parliament if it were included in an Act of that Parliament. |
| |
81 | Transitional and transitory provisions and savings |
| |
(1) | Schedule 14 (transitional and transitory provisions and savings) has effect. |
| |
(2) | The Secretary of State may by order make such transitional, transitory or |
| 15 |
saving provision as he considers appropriate in connection with the coming |
| |
into force of any provision of this Act (other than the provisions specified in |
| |
| |
(3) | The Scottish Ministers may by order make such transitional, transitory or |
| |
saving provision as they consider appropriate in connection with the coming |
| 20 |
into force of the provisions of this Act specified in section 84(4). |
| |
82 | Repeals and revocations |
| |
Schedule 15 (which contains repeals and revocations) has effect. |
| |
| |
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(1) | The following provisions extend to England and Wales only— |
| |
(a) | section 72(1) and (2); and |
| |
(b) | Parts 1 and 2 of Schedule 7 and section 67 so far as relating to those |
| |
| |
(2) | The following provisions extend to England and Wales and Northern Ireland |
| 30 |
| |
(a) | Part 1 (including Schedules 1 and 2) but excluding sections 26 to 29 (and |
| |
any provision of that Part so far as relating to those sections); |
| |
(b) | Part 2 (including Schedules 3 and 4 and Part 1 of Schedule 6) but |
| |
excluding sections 56 and 57, Schedule 5 and Part 2 of Schedule 6; |
| 35 |
(c) | section 69(2) and (3); |
| |
(d) | section 70(1) to (3); |
| |
| |
| |
(3) | The following provisions extend to Scotland only— |
| 40 |
(a) | section 63(5) and (6); |
| |
| |
| |
|
| |
| |
| |
(c) | section 69(4) and (5); |
| |
(d) | section 70(4) to (6); and |
| |
| |
(4) | The following provisions extend to Northern Ireland only— |
| 5 |
(a) | section 72(3) and (4); and |
| |
(b) | Part 3 of Schedule 7 and section 67 so far as relating to that Part. |
| |
(5) | Any provision of section 57 or Part 2 of Schedule 6 (and any corresponding |
| |
entry in Schedule 15) has the same extent as the enactment amended, repealed |
| |
or revoked by it except that— |
| 10 |
(a) | it does not extend to Scotland; and |
| |
(b) | paragraph 47 of Schedule 6 does not extend to Northern Ireland. |
| |
(6) | Any amendment, repeal or revocation by Schedule 5, 8, 10 or 15 of an |
| |
enactment has (subject to subsection (5)) the same extent as the enactment |
| |
amended, repealed or revoked. |
| 15 |
(7) | Subject as above, this Act extends to England and Wales, Scotland and |
| |
| |
| |
(1) | The preceding provisions of this Act (other than sections 79, 80, 81(2) and (3) |
| |
and 83 and the provisions specified in subsection (4)) come into force on such |
| 20 |
day as the Secretary of State may by order appoint; and different days may be |
| |
appointed for different purposes. |
| |
(2) | The Secretary of State must consult the Scottish Ministers before making an |
| |
order under subsection (1) in relation to— |
| |
| 25 |
(b) | paragraph 2 of Schedule 10; or |
| |
(c) | paragraph 24 of that Schedule. |
| |
(3) | The provisions of this Act specified in subsection (4) come into force on such |
| |
day as the Scottish Ministers may by order appoint; and different days may be |
| |
appointed for different purposes. |
| 30 |
(4) | Those provisions are— |
| |
(a) | section 69(4) and (5); |
| |
(b) | section 70(4) to (6); |
| |
| |
(d) | paragraphs 14 to 23 and, so far as extending to Scotland, paragraph 25 |
| 35 |
| |
(e) | so far as relating to the provisions falling within paragraph (d) above, |
| |
paragraph 1 of that Schedule and section 71. |
| |
| |
(1) | This Act may be cited as the Serious Crime Act 2007. |
| 40 |
(2) | Nothing in this Act shall impose any charge on the people or on public |
| |
funds, or vary the amount or incidence of or otherwise alter any such charge |
| |
| |
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