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Section 59
1(1)Section 75 of the Explosives Act 1875 is amended as follows.E+W
(2)In subsection (1)—
(a)after “chief officer of police,” insert “ the Director General of the Serious Organised Crime Agency, ”, and
(b)after “any officer of police,” insert “ designated person, ”.
(3)For subsection (2) substitute—
“(2)In subsection (1) “designated person” means a member of the staff of the Serious Organised Crime Agency who is for the time being designated under section 43 of the Serious Organised Crime and Police Act 2005 as a person having the powers of a constable (but this is subject to any limitation specified in such a person's designation under that section).”
Commencement Information
I1Sch. 4 para. 1 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
2(1)Section 2A of the Police (Property) Act 1897 (application to NCS) is amended as follows.E+W
(2)For “National Crime Squad” (in each place) substitute “ Serious Organised Crime Agency ”.
(3)In subsection (2)—
(a)in paragraph (a) for “member of that Squad” substitute “ member of the staff of that Agency ”, and
(b)in paragraph (b) for “Squad” substitute “ Agency ”.
(4)In subsection (3)—
(a)in paragraph (a) for “the Service Authority for that Squad” substitute “ that Agency ”, and
(b)in paragraph (b) for “Squad” substitute “ Agency ”.
(5)In the heading, for “NCS” substitute “ SOCA ”.
Commencement Information
I2Sch. 4 para. 2 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
3E+WIn section 83BC(2) of the Army Act 1955 (police forces which may be advised by prosecuting authority) omit paragraph (k).
Commencement Information
I3Sch. 4 para. 3 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
4E+WIn section 83BC(2) of the Air Force Act 1955 (police forces which may be advised by prosecuting authority) omit paragraph (k).
Commencement Information
I4Sch. 4 para. 4 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
5E+WIn section 52IJ(2) of the Naval Discipline Act 1957 (police forces which may be advised by prosecuting authority) omit paragraph (k).
Commencement Information
I5Sch. 4 para. 5 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
6E+WIn Schedule 1 to the Public Records Act 1958 (definition of public records) in Part 2 of the Table at the end of paragraph 3—
(a)at the appropriate place insert— “ Serious Organised Crime Agency. ”; and
(b)omit the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service.
Commencement Information
I6Sch. 4 para. 6 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
7E+WThe Trustee Investments Act 1961 has effect subject to the following amendments.
Commencement Information
I7Sch. 4 para. 7 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
8E+WIn section 11(4) (local authority investment schemes)—
(a)in paragraph (a) omit “, the Service Authority for the National Crime Squad”, and
(b)omit paragraph (e).
Commencement Information
I8Sch. 4 para. 8 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
9E+WIn Part 2 of Schedule 1 (narrower-range investments requiring advice) omit paragraph 9(da).
Commencement Information
I9Sch. 4 para. 9 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
10E+WIn section 90(4) of the Offices, Shops and Railway Premises Act 1963 (persons taken to be employed for the purposes of the Act)—
(a)at the end of paragraph (c) insert “ or ”; and
(b)for paragraph (d) substitute—
“(d)a member of a police force seconded to the Serious Organised Crime Agency to serve as a member of its staff.”
Commencement Information
I10Sch. 4 para. 10 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
11E+WIn Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) omit the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service.
Commencement Information
I11Sch. 4 para. 11 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
12E+WThe Police (Scotland) Act 1967 has effect subject to the following amendments.
Commencement Information
I12Sch. 4 para. 12 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
13E+WIn section 33 (inspectors of constabulary), in subsections (3) and (4), omit “and the National Criminal Intelligence Service”.
Commencement Information
I13Sch. 4 para. 13 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
14(1)Section 38A (constables engaged on service outside their force) is amended as follows.E+W
(2)In subsection (1)—
(a)omit paragraph (ba), and
(b)after paragraph (bb) insert—
“(bc)relevant 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,”.
(3)In subsection (6)(a) for “(ba) or (bb), (e) or (f)” substitute “ (bb), (bc), (e) or (f) ”.
Commencement Information
I14Sch. 4 para. 14 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
15E+WIn section 39(4) (liability for wrongful acts of constables) for “section 23 of the Police Act 1997” substitute “ section 23 or 25 of the Serious Organised Crime and Police Act 2005 ”.
Commencement Information
I15Sch. 4 para. 15 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
16E+WIn section 41(4)(a) (assaults on constables) omit “or by a member of the National Criminal Intelligence Service or of the National Crime Squad”.
Commencement Information
I16Sch. 4 para. 16 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
17E+WIn section 28(5) of the Leasehold Reform Act 1967 (bodies retaining or resuming land required for public services) omit paragraph (bc).
Commencement Information
I17Sch. 4 para. 17 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
18E+WIn section 54(3)(c) of the Firearms Act 1968 (application of Parts 1 and 2 to crown servants) for “National Criminal Intelligence Service or the National Crime Squad” substitute “ staff of the Serious Organised Crime Agency ”.
Commencement Information
I18Sch. 4 para. 18 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
19E+WIn section 13(7) of the Employment Agencies Act 1973 (interpretation), in paragraph (f), omit “, the Service Authority for the National Criminal Intelligence Service, the Service Authority for the National Crime Squad”.
Commencement Information
I19Sch. 4 para. 19 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
20E+WIn section 51A(2) of the Health and Safety at Work etc. Act 1974 (application of Part 1 of the Act to the police) for paragraph (b) substitute—
“(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, means that Agency, and”.
Commencement Information
I20Sch. 4 para. 20 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
21E+WIn section 12(1) of the District Courts (Scotland) Act 1975 (restriction of functions of justices who are councillors etc.) after “authority” insert “ or a member of staff of the Serious Organised Crime Agency ”.
Commencement Information
I21Sch. 4 para. 21 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
22E+WThe House of Commons Disqualification Act 1975 has effect subject to the following amendments.
Commencement Information
I22Sch. 4 para. 22 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
23E+WIn section 1(1) (disqualification for membership of House of Commons) omit paragraph (da).
Commencement Information
I23Sch. 4 para. 23 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
24(1)Schedule 1 (disqualifying offices) is amended as follows.E+W
(2)In Part 2—
(a)at the appropriate place insert— “ The Serious Organised Crime Agency. ”; and
(b)omit the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service.
(3)In Part 3, at the appropriate place insert— “ Member of the staff of the Serious Organised Crime Agency. ”
Commencement Information
I24Sch. 4 para. 24 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
25E+WThe Northern Ireland Assembly Disqualification Act 1975 has effect subject to the following amendments.
Commencement Information
I25Sch. 4 para. 25 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
26E+WIn section 1(1) (disqualification for membership of Assembly) omit paragraph (da).
Commencement Information
I26Sch. 4 para. 26 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
27(1)Schedule 1 (disqualifying offices) is amended as follows.E+W
(2)In Part 2—
(a)at the appropriate place insert— “ The Serious Organised Crime Agency. ”; and
(b)omit the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service.
(3)In Part 3, at the appropriate place insert— “ Member of the staff of the Serious Organised Crime Agency. ”
Commencement Information
I27Sch. 4 para. 27 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
28E+WIn section 17 of the Sex Discrimination Act 1975 (police), in subsection (7)—
(a)in the definition of “chief officer of police”, omit paragraph (aa);
(b)in the definition of “police authority”, omit paragraph (aa); and
(c)in the definition of “police fund”, omit the words from “, in relation to” (in the second place where they occur) to “the Police Act 1997”.
Commencement Information
I28Sch. 4 para. 28 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
29E+WThe Police Pensions Act 1976 has effect subject to the following amendments.
Commencement Information
I29Sch. 4 para. 29 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
30E+WIn section 7(2) (payment of pensions and contributions), at the beginning of each of paragraphs (ca) to (cd), insert “ an employee of SOCA and who immediately before he became an employee of SOCA was serving as ”.
Modifications etc. (not altering text)
C1Sch. 4 para. 30 restricted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 32; S.I. 2006/378, art. 4(1), Sch. para. 10
Commencement Information
I30Sch. 4 para. 30 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
31(1)Section 11 (interpretation) is amended as follows.E+W
(2)In subsection (1), at the beginning of each of paragraphs (ba), (bb), (bc) and (bd), after “service” insert “ as an employee of SOCA by a person who immediately before he became an employee of SOCA was serving ”.
(3)In subsection (2) for paragraphs (c) and (d) substitute—
“(c)in relation to any such service as is mentioned in paragraph (ba), (bb), (bc) or (bd) of subsection (1) or any service of the kind described in section 97(1)(cf) of the Police Act 1997 or section 38A(1)(bc) of the Police (Scotland) Act 1967, it means SOCA;”.
(4)In subsection (5), in the definition of “central service”—
(a)in paragraph (a) omit “(ca), (cb),” and after “(cc)” insert “ , (cf) ”, and
(b)in paragraph (b) for “(ba) or (bb)” substitute “ (bb) or (bc) ”.
(5)After the definition of “pension rights” in that subsection add—
““SOCA” means the Serious Organised Crime Agency.”
Modifications etc. (not altering text)
C2Sch. 4 para. 31 restricted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 32; S.I. 2006/378, art. 4(1), Sch. para. 10
Commencement Information
I31Sch. 4 para. 31 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
32E+WParagraphs 30 and 31 (and the corresponding entry in Schedule 17) do not affect the operation of the Police Pensions Act 1976 in relation to any person's service of any of the following kinds—
(a)service as the Director General of the National Criminal Intelligence Service;
(b)service as the Director General of the National Crime Squad;
(c)service as a police member of the National Criminal Intelligence Service appointed under subsection (1)(b) of section 9 of the Police Act 1997 (c. 50) by virtue of subsection (2)(a) of that section;
(d)service as a police member of the National Crime Squad appointed under subsection (1)(b) of section 55 of the Police Act 1997 by virtue of subsection (2)(a) of that section;
(e)relevant service within paragraph (ca) or (cb) of section 97(1) of the Police Act 1996 (c. 16);
(f)relevant service within section 38A(1)(ba) of the Police (Scotland) Act 1967 (c. 77).
Commencement Information
I32Sch. 4 para. 32 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
33E+WThe Race Relations Act 1976 has effect subject to the following amendments.
Commencement Information
I33Sch. 4 para. 33 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
34(1)Section 76B (other police bodies) is amended as follows.E+W
(2)Omit subsection (1).
(3)In subsection (2) omit the word “also”.
(4)After subsection (2) insert—
“(2A)Constables serving with the Serious Organised Crime Agency do not constitute a body of constables for the purposes of subsection (2).”
Commencement Information
I34Sch. 4 para. 34 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
35E+WIn Schedule 1A (bodies and other persons subject to general statutory duty)—
(a)in Part 1 omit paragraphs 59 and 60,
(b)in Part 2 at the appropriate place under the heading “Other Bodies, Etc” insert— “ The Serious Organised Crime Agency. ”; and
(c)in Part 3 omit the entry relating to the Director General of the National Crime Squad.
Commencement Information
I35Sch. 4 para. 35 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
36E+WThe Sex Discrimination (Northern Ireland) Order 1976 has effect subject to the following amendments.
Commencement Information
I36Sch. 4 para. 36 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
37E+WIn Article 84(8) (police officers) for “section 23 of the Police Act 1997” substitute “ section 23 or 24 of the Serious Organised Crime and Police Act 2005 ”.
Commencement Information
I37Sch. 4 para. 37 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
38E+WIn Article 85 (other police bodies), 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 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.”
Commencement Information
I38Sch. 4 para. 38 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
39E+WIn Article 47A(2) of the Health and Safety at Work (Northern Ireland) Order 1978 (application of Part II of the Order to the police) omit sub-paragraph (b).
Commencement Information
I39Sch. 4 para. 39 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
40E+WIn Part 1 of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (persons ineligible for jury service) in Group B, after paragraph (nb) insert—
“(nc)members of staff of the Serious Organised Crime Agency;”.
Commencement Information
I40Sch. 4 para. 40 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
41E+WIn Schedule 1 to the Stock Transfer Act 1982 (securities specified for the purposes of the Act) in paragraph 7(1)—
(a)at the end of paragraph (b) insert “ or ”; and
(b)omit paragraph (bb) and the word “or” before it.
Commencement Information
I41Sch. 4 para. 41 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
42(1)Section 87 of the Road Traffic Regulation Act 1984 (exemption of fire, ambulance and police vehicles from speed limits) is amended as follows.E+W
(2)The existing text of that section is to be subsection (1).
(3)After that subsection add—
“(2)Subsection (1) above applies in relation to a vehicle being used—
(a)for Serious Organised Crime Agency purposes, or
(b)for training persons to drive vehicles for use for Serious Organised Crime Agency purposes,
as it applies in relation to a vehicle being used for police purposes.
(3)But (except where it is being used for training the person by whom it is being driven) subsection (1) above does not apply in relation to a vehicle by virtue of subsection (2) above unless it is being driven by a person who has been trained in driving vehicles at high speeds.”
Commencement Information
I42Sch. 4 para. 42 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(l)
43E+WThe Police and Criminal Evidence Act 1984 has effect subject to the following amendments.
Commencement Information
I43Sch. 4 para. 43 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
44E+WIn section 5 (reports of recorded searches and road checks) omit subsection (1A).
Commencement Information
I44Sch. 4 para. 44 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
45E+WIn section 55 (intimate searches) omit subsection (14A).
Commencement Information
I45Sch. 4 para. 45 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
46E+WIn section 63A(1A) (supplementary provision about fingerprints and samples) for paragraphs (b) and (c) substitute—
“(b)the Serious Organised Crime Agency;”.
Commencement Information
I46Sch. 4 para. 46 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
47E+WIn section 3(3) of the Prosecution of Offences Act 1985 (functions of Director of Public Prosecutions), in the definition of “police force”, omit “, the National Crime Squad”.
Commencement Information
I47Sch. 4 para. 47 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
48E+WThe Ministry of Defence Police Act 1987 has effect subject to the following amendments.
Commencement Information
I48Sch. 4 para. 48 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
49E+WIn section 2B(3) (constables serving with other forces), in the definitions of “chief officer” and “relevant force”, omit paragraphs (c) and (d).
Commencement Information
I49Sch. 4 para. 49 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
50E+WAfter section 2B insert—
(1)A member of the Ministry of Defence Police serving with the Serious Organised Crime Agency under arrangements to which subsection (2) applies shall—
(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—
(a)the Serious Organised Crime Agency, and
(b)the chief constable of the Ministry of Defence Police.”
Commencement Information
I50Sch. 4 para. 50 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
51E+WIn section 19(a) of the Dartford-Thurrock Crossing Act 1988 (exemption from tolls) for sub-paragraph (ia) substitute—
“(ia)the Serious Organised Crime Agency;”.
Commencement Information
I51Sch. 4 para. 51 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
52E+WThe Road Traffic Act 1988 shall have effect subject to the following amendments.
Commencement Information
I52Sch. 4 para. 52 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
53(1)In section 124 (exemption from requirements regarding paid driving instruction) after subsection (1) insert—E+W
“(1A)Section 123(1) and (2) also does not apply to the giving of instruction by a SOCA instructor in pursuance of arrangements made by the Director General of the Serious Organised Crime Agency.
In this subsection “SOCA instructor” means a member of the staff of the Serious Organised Crime Agency whose duties consist of or include the giving instruction in the driving of motor cars to other members of the Agency's staff.”
(2)In subsection (2) of that section, omit the definitions of “chief officer of police”, “police authority” and “police force”.
Commencement Information
I53Sch. 4 para. 53 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
54E+WIn section 144(2) (exemption from requirement of third-party insurance or security) omit paragraph (ba).
Commencement Information
I54Sch. 4 para. 54 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
55E+WThe Security Service Act 1989 has effect subject to the following amendments.
Commencement Information
I55Sch. 4 para. 55 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
56E+WIn section 1(4) (functions of the Security Service) for “, the National Criminal Intelligence Service, the National Crime Squad” substitute “ , the Serious Organised Crime Agency ”.
Commencement Information
I56Sch. 4 para. 56 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
57E+WIn 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 Squad” substitute “ , the Serious Organised Crime Agency ”.
Commencement Information
I57Sch. 4 para. 57 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
58E+WIn 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 Agency ”.
Commencement Information
I58Sch. 4 para. 58 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
59E+WIn 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.
Commencement Information
I59Sch. 4 para. 59 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
60E+WThe Tribunals and Inquiries Act 1992 has effect subject to the following amendments.
Commencement Information
I60Sch. 4 para. 60 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
61E+WIn section 7(2) (removal of members of certain tribunals) after “36A” omit “(a) or (b)”.
Commencement Information
I61Sch. 4 para. 61 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
62E+WIn Schedule 1 (tribunals under supervision of Council on Tribunals) in paragraph 36A omit “(a)” and sub-paragraph (b).
Commencement Information
I62Sch. 4 para. 62 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
63(1)Section 22 of the Criminal Appeal Act 1995 (meaning of “public body” etc.) has effect subject to the following amendments.E+W
(2)In subsection (2)—
(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 ”,
(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 Director General of that Agency,”.
Commencement Information
I63Sch. 4 para. 63 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
64E+WThe Disability Discrimination Act 1995 has effect subject to the following amendments.
Commencement Information
I64Sch. 4 para. 64 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
65(1)The section 64A (police) inserted by the Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673) is amended as follows.E+W
(2)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
(c)in the definition of “police fund”, omit paragraph (b).
Commencement Information
I65Sch. 4 para. 65 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
66E+WIn 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 23 or 24 of the Serious Organised Crime and Police Act 2005 ”.
Commencement Information
I66Sch. 4 para. 66 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
67(1)The section 64B (other police bodies) inserted by the Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 is amended as follows.E+W
(2)For subsection (6) substitute—
“(6)Subject to subsection (8), in this section in relation to any body of 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
(c)“police fund” means money provided by that authority.”
Commencement Information
I67Sch. 4 para. 67 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
68E+WThe Police Act 1996 has effect subject to the following amendments.
Commencement Information
I68Sch. 4 para. 68 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
69E+WOmit section 23(8) (collaboration agreements).
Commencement Information
I69Sch. 4 para. 69 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
70E+WOmit section 24(5) (mutual aid).
Commencement Information
I70Sch. 4 para. 70 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
71(1)Section 54 (appointment and functions of inspectors of constabulary) is amended as follows.E+W
(2)In subsection (2) omit “the National Criminal Intelligence Service and the National Crime Squad”.
(3)For subsection (2B) substitute—
“(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 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.”
Commencement Information
I71Sch. 4 para. 71 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
72E+WIn section 55 (publication of reports) omit subsection (7).
Commencement Information
I72Sch. 4 para. 72 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
73(1)Section 57 (common services) is amended as follows.E+W
(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 ”.
(3)For subsection (4)(c) substitute—
“(c)if the regulations relate to the Serious Organised Crime Agency, that Agency.”
Commencement Information
I73Sch. 4 para. 73 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
74E+WOmit section 59(8) (police federations).
Commencement Information
I74Sch. 4 para. 74 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
75E+WOmit section 60(2A) (regulations for police federations).
Commencement Information
I75Sch. 4 para. 75 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
76E+WIn section 61(1) (police negotiating board) omit paragraphs (aa) and (ba).
Commencement Information
I76Sch. 4 para. 76 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
77(1)Section 62 (functions of negotiating board with respect to regulations) is amended as follows.E+W
(2)In subsection (1) omit paragraphs (aa) and (ab).
(3)Omit the subsection (1A) inserted by paragraph 82(2) of Schedule 9 to the 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) ”.
Commencement Information
I77Sch. 4 para. 77 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
78(1)Section 63 (police advisory boards) is amended as follows.E+W
(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), 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.”
Commencement Information
I78Sch. 4 para. 78 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
79E+WIn section 64 (membership of trade unions) omit subsections (4A) and (4B).
Commencement Information
I79Sch. 4 para. 79 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
80(1)Section 88 (liability for wrongful acts of constables) is amended as follows.E+W
(2)In subsection (5)(b) omit “or section 23 of the Police Act 1997”.
(3)After subsection (5) insert—
“(5A)This section shall have effect where, by virtue of section 23 or 24 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 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
(b)subsection (4) applied to him in the case of the police authority maintaining that force.”
Commencement Information
I80Sch. 4 para. 80 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
81E+WIn section 89(4)(a) (assaults on constables) omit “or by a member of the National Criminal Intelligence Service or of the National Crime Squad”.
Commencement Information
I81Sch. 4 para. 81 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
82(1)Section 97 (police officers engaged on service outside their force) is amended as follows.E+W
(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
(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;”.
(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) ”.
Commencement Information
I82Sch. 4 para. 82 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
83(1)Section 98 (cross-border aid) is amended as follows.E+W
(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).
(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)—
(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).
Commencement Information
I83Sch. 4 para. 83 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
84E+WThe Employment Rights Act 1996 has effect subject to the following amendments.
Commencement Information
I84Sch. 4 para. 84 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
85E+WIn section 43KA(2) (application of Part 4A of that Act to the police) for paragraphs (b) and (c) substitute—
“(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”.
Commencement Information
I85Sch. 4 para. 85 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
86E+WIn section 50(2) (right to time off for public duties) omit paragraph (ca).
Commencement Information
I86Sch. 4 para. 86 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
87E+WIn section 134A (application of section 100 of that Act to the police) after 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.”
Commencement Information
I87Sch. 4 para. 87 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
88E+WIn 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.
Commencement Information
I88Sch. 4 para. 88 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
89E+WThe Employment Rights (Northern Ireland) Order 1996 has effect subject to the following amendments.
Commencement Information
I89Sch. 4 para. 89 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
90E+WIn Article 67KA(3) (application of Part VA of that Order to the police) omit sub-paragraph (b).
Commencement Information
I90Sch. 4 para. 90 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
91E+WIn Article 72A(2) (application of Article 68 of that Order to the police) omit sub-paragraph (b).
Commencement Information
I91Sch. 4 para. 91 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
92E+WIn Article 169A(2) (application of Article 132 of that Order to the police) omit sub-paragraph (b).
Commencement Information
I92Sch. 4 para. 92 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
93E+WIn section 5(3) of the Police (Health and Safety) Act 1997—
(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).
Commencement Information
I93Sch. 4 para. 93 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
94E+WThe Police Act 1997 has effect subject to the following amendments.
Commencement Information
I94Sch. 4 para. 94 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
95E+WOmit sections 1 to 87 (provision about NCIS and NCS and their Service Authorities).
Commencement Information
I95Sch. 4 para. 95 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
96E+WOmit sections 89 and 90 (general provision about NCS).
Commencement Information
I96Sch. 4 para. 96 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
97(1)Section 93 (authorisations to interfere with property) is amended as follows.E+W
(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 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;”.
(5)In subsection (6) omit paragraphs (d) and (e).
Commencement Information
I97Sch. 4 para. 97 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
98(1)Section 94 (authorisations in absence of authorising officer) is amended as follows.E+W
(2)In subsection (1)—
(a)in paragraph (a) for “or (e)” substitute “ , (e) or (f) ”,
(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 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).
Commencement Information
I98Sch. 4 para. 98 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
99(1)Section 95 (form and duration of authorisations) is amended as follows.E+W
(2)In subsection (6) for “or (g)” substitute “ or (f) ”.
(3)In subsection (7) for “, (d), (f) or (g)” substitute “ or (d) ”.
Commencement Information
I99Sch. 4 para. 99 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
100(1)Section 97 (authorisations requiring approval) is amended as follows.E+W
(2)In subsection (6A)—
(a)for “, (e) or (g)” substitute “ or (e) ”, and
(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 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 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.”
Commencement Information
I100Sch. 4 para. 100 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
101E+WIn section 105(3) (supplementary provision about appeals) for “, (d), (f) or (g)” substitute “ or (d) ”.
Commencement Information
I101Sch. 4 para. 101 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
102E+WIn 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 Organised Crime Agency ”.
Commencement Information
I102Sch. 4 para. 102 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
103(1)Section 109 (Police Information Technology Organisation) is amended as follows.E+W
(2)In subsection (3) after “police forces,” insert—
“(aa)the Serious Organised Crime Agency,”.
(3)In subsection (4) for “(a) or (b)” substitute “ (a), (aa) or (b) ”.
Commencement Information
I103Sch. 4 para. 103 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
104(1)Section 111 (interpretation of Part 5) is amended as follows.E+W
(2)In subsection (1)—
(a)at the end of paragraph (a) insert “ and ”, and
(b)omit paragraphs (c) and (d).
(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
(b)omit paragraphs (c) and (d).
Commencement Information
I104Sch. 4 para. 104 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
105E+WIn section 137(2) (extent) omit paragraphs (b) and (c).
Commencement Information
I105Sch. 4 para. 105 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
106E+WOmit Schedules 1 to 2A (Service Authorities for NCIS and NCS).
Commencement Information
I106Sch. 4 para. 106 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
107E+WThe Race Relations (Northern Ireland) Order 1997 has effect subject to the following amendments.
Commencement Information
I107Sch. 4 para. 107 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
108E+WIn Article 72A(8) (police officers) for “section 23 of the Police Act 1997” substitute “ section 23 or 24 of the Serious Organised Crime and Police Act 2005 ”.
Commencement Information
I108Sch. 4 para. 108 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
109E+WIn Article 72B (other police bodies), 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 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.”
Commencement Information
I109Sch. 4 para. 109 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
110E+WIn Article 7(3) of the Police (Health and Safety) (Northern Ireland) Order 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).
Commencement Information
I110Sch. 4 para. 110 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
111E+WIn 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. ”
Commencement Information
I111Sch. 4 para. 111 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
112E+WIn 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.”
Commencement Information
I112Sch. 4 para. 112 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
113E+WThe Police (Northern Ireland) Act 1998 has effect subject to the following amendments.
Commencement Information
I113Sch. 4 para. 113 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
114(1)Section 27 (members of Police Service of Northern Ireland engaged on other police service) is amended as follows.E+W
(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 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) ”.
Commencement Information
I114Sch. 4 para. 114 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
115E+WIn section 29(5) (liability for wrongful acts of constables) for “section 23 of the Police Act 1997” substitute “ section 23 or 24 of the Serious Organised Crime and Police Act 2005 ”.
Commencement Information
I115Sch. 4 para. 115 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
116E+WIn section 41 (inspectors of constabulary) for subsections (3) and (3A) substitute—
“(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 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.”
Commencement Information
I116Sch. 4 para. 116 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
117(1)Section 42 (publication of reports of inspectors of constabulary) is amended as follows.E+W
(2)In subsection (1) omit “, (3)”.
(3)Omit subsection (7).
Commencement Information
I117Sch. 4 para. 117 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
118E+WOmit section 113 of the Crime and Disorder Act 1998 (deputy authorising officer under Part 3 of Police Act 1997).
Commencement Information
I118Sch. 4 para. 118 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
119E+WThe Fair Employment and Treatment (Northern Ireland) Order 1998 has effect subject to the following amendments.
Commencement Information
I119Sch. 4 para. 119 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
120E+WIn Article 94(6) (police officers) for “section 23 of the Police Act 1997” substitute “ section 23 or 24 of the Serious Organised Crime and Police Act 2005 ”.
Commencement Information
I120Sch. 4 para. 120 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
121E+WIn Article 94A (other police bodies), 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 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.”
Commencement Information
I121Sch. 4 para. 121 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
122E+WThe Immigration and Asylum Act 1999 has effect subject to the following amendments.
Commencement Information
I122Sch. 4 para. 122 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
123E+WIn section 20(1) (supply of information to Secretary of State) for paragraphs (b) and (c) substitute—
“(b)the Serious Organised Crime Agency;”.
Commencement Information
I123Sch. 4 para. 123 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
124(1)Section 21 (supply of information by Secretary of State) is amended as follows.E+W
(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 Organised Crime Agency mentioned in section 2, 3 or 5 of the Serious Organised Crime and Police Act 2005.”
Commencement Information
I124Sch. 4 para. 124 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
125E+WThe Terrorism Act 2000 has effect subject to the following amendments.
Commencement Information
I125Sch. 4 para. 125 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
126E+WIn section 19(7B) (duty to disclose information)—
(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 ”.
Commencement Information
I126Sch. 4 para. 126 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
127E+WIn section 20(5) (permission to disclose information)—
(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 ”.
Commencement Information
I127Sch. 4 para. 127 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
128E+WIn section 21A(14) (failure to disclose: regulated sector)—
(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 ”.
Commencement Information
I128Sch. 4 para. 128 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
129E+WIn section 21B(7) (protected disclosures)—
(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 ”.
Commencement Information
I129Sch. 4 para. 129 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
130E+WIn Schedule 14 (exercise of officers' powers), in paragraph 4(1), for paragraph (d) substitute—
“(d)to the Serious Organised Crime Agency;”.
Commencement Information
I130Sch. 4 para. 130 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
131E+WThe Regulation of Investigatory Powers Act 2000 has effect subject to the following amendments.
Commencement Information
I131Sch. 4 para. 131 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
132(1)Section 6 (application for issue of an interception warrant) is amended as follows.E+W
(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), (h), (i) or (j) ”.
Commencement Information
I132Sch. 4 para. 132 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
133(1)In section 17(3) (exclusion of matters from legal proceedings) for paragraphs (c) and (d) substitute—E+W
“(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 National Crime Squad which took place before the commencement of this paragraph.
Commencement Information
I133Sch. 4 para. 133 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
134(1)In section 19(2) (unauthorised disclosures) for paragraphs (c) and (d) substitute—E+W
“(c)every member of the staff of the Serious Organised Crime 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.
Commencement Information
I134Sch. 4 para. 134 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
135(1)Section 25 (interpretation) is amended as follows.E+W
(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—
“(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—
(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 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
(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.”
Commencement Information
I135Sch. 4 para. 135 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
136E+WIn section 32(6) (authorisation of intrusive surveillance) for paragraphs (k) 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;”.
Commencement Information
I136Sch. 4 para. 136 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
137(1)Section 33 (rules for grant of authorisation) is amended as follows.E+W
(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—
“(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.”
(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—
“(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.”
(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 Service”, and
(b)omit paragraph (f).
Commencement Information
I137Sch. 4 para. 137 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
138(1)Section 34 (grant of authorisations in absence of senior officer) is amended as follows.E+W
(2)In subsection (1)(a) for “of the National Criminal Intelligence Service or of 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 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).
Commencement Information
I138Sch. 4 para. 138 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
139(1)Section 35 (notification of certain authorisations) is amended as follows.E+W
(2)In subsection (1) for “police, customs” substitute “ police, SOCA, customs ”.
(3)In subsection (10)—
(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 ”.
Commencement Information
I139Sch. 4 para. 139 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
140(1)Section 36 (approval required for authorisations to take effect) is amended as follows.E+W
(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)—
(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 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;”.
Commencement Information
I140Sch. 4 para. 140 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
141E+WIn section 37(1) (quashing of police and customs authorisations) for paragraphs (b) and (c) substitute—
“(b)a member of the staff of the Serious Organised Crime Agency;”.
Commencement Information
I141Sch. 4 para. 141 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
142E+WIn section 40 (duty to provide information to Surveillance Commissioners) for paragraphs (b) and (c) substitute—
“(b)every member of the staff of the Serious Organised Crime Agency,”.
Commencement Information
I142Sch. 4 para. 142 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
143E+WIn section 45(6) (cancellation of authorisations)—
(a)at the end of paragraph (b) insert “ and ”, and
(b)omit paragraphs (d) and (e).
Commencement Information
I143Sch. 4 para. 143 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
144E+WIn section 46(3) (restriction on authorisations extending to Scotland) after paragraph (da) insert—
“(db)the Serious Organised Crime Agency;”.
Commencement Information
I144Sch. 4 para. 144 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
145E+WIn section 49(1)(e) (notices requiring disclosure) after “the police” (in both places) insert “ , SOCA ”.
Commencement Information
I145Sch. 4 para. 145 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
146(1)Section 51 (cases in which key required) is amended as follows.E+W
(2)In subsection (2)—
(a)for “the police, the customs” substitute “ the police, SOCA, the customs ”, and
(b)after paragraph (a) insert—
“(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, ”.
(4)In subsection (6) after “of police,” insert “ by the Director General of the Serious Organised Crime Agency, ”.
Commencement Information
I146Sch. 4 para. 146 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
147E+WIn section 54(3) (tipping-off) after “police” (in both places) insert “ SOCA, ”.
Commencement Information
I147Sch. 4 para. 147 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
148(1)Section 55 (duties of specified authorities) is amended as follows.E+W
(2)In subsection (1) after paragraph (b) insert—
“(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 General of the Serious Organised Crime Agency under this section.”
Commencement Information
I148Sch. 4 para. 148 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
149E+WIn 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” 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 Crime Agency;”.
Commencement Information
I149Sch. 4 para. 149 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
150E+WIn 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,”.
Commencement Information
I150Sch. 4 para. 150 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
151E+WIn section 65(6) (the Tribunal) for paragraphs (d) and (e) substitute—
“(d)the Serious Organised Crime Agency; or”.
Commencement Information
I151Sch. 4 para. 151 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
152E+WIn section 68(7) (disclosure to Tribunal) for paragraphs (b) and (c) substitute—
“(b)every member of the staff of the Serious Organised Crime Agency;”.
Commencement Information
I152Sch. 4 para. 152 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
153E+WIn section 75(6) (authorisations under Part 3 of Police Act 1997) omit paragraph (b).
Commencement Information
I153Sch. 4 para. 153 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
154(1)Section 76A (foreign surveillance operations) is amended as follows.E+W
(2)In subsection (6)(a) for “National Criminal Intelligence Service” substitute “ 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”.
Commencement Information
I154Sch. 4 para. 154 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
155(1)In Schedule 1 (relevant authorities) for paragraphs 2 and 3 substitute—E+W
“2The Serious Organised Crime Agency.”
Commencement Information
I155Sch. 4 para. 155 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
156(1)Schedule 2 (persons having appropriate permission) is amended as follows.E+W
(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)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 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 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.”
Commencement Information
I156Sch. 4 para. 156 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
157E+WOmit section 2 of the Football (Disorder) Act 2000 (disclosure of information by NCIS).
Commencement Information
I157Sch. 4 para. 157 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
158E+WThe Freedom of Information Act 2000 has effect subject to the following amendments.
Commencement Information
I158Sch. 4 para. 158 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
159E+WIn 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.”
Commencement Information
I159Sch. 4 para. 159 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
160E+WIn Schedule 1 (list of public authorities), in Part 6, omit the entries relating to the National Crime Squad and the Service Authority for the National Crime Squad.
Commencement Information
I160Sch. 4 para. 160 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
161E+WIn 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 the staff of the Serious Organised Crime Agency ”.
Commencement Information
I161Sch. 4 para. 161 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
162E+WThe Criminal Justice and Police Act 2001 has effect subject to the following amendments.
Commencement Information
I162Sch. 4 para. 162 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
163E+WIn section 88(8) (functions of Central Police Training and Development Authority) for paragraphs (a) and (b) substitute—
“(a)the Serious Organised Crime Agency;”.
Commencement Information
I163Sch. 4 para. 163 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
164(1)Section 104 (vice-chairmen) is amended as follows.E+W
(2)Omit subsection (3).
(3)In subsection (4)—
(a)at the end of paragraph (a) insert “ and ”, and
(b)omit paragraph (c) and the word “and” before it.
(4)Omit subsection (8).
Commencement Information
I164Sch. 4 para. 164 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
165(1)Section 107 (payment of allowances to authority members) is amended as follows.E+W
(2)Omit subsection (1)(c).
(3)Omit subsection (4).
Commencement Information
I165Sch. 4 para. 165 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
166E+WOmit sections 108 to 121 (provision about NCIS and NCS and their Service Authorities).
Commencement Information
I166Sch. 4 para. 166 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
167E+WOmit section 138(6)(d) (extent).
Commencement Information
I167Sch. 4 para. 167 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
168E+WThe Proceeds of Crime Act 2002 has effect subject to the following amendments.
Commencement Information
I168Sch. 4 para. 168 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
169E+WIn section 313(1) (restriction on performance by police of functions of the Director of the Assets Recovery Agency) omit paragraphs (c) and (d).
Commencement Information
I169Sch. 4 para. 169 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
Valid from 12/01/2009
F1170E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 4 paras. 170-172 repealed (12.1.2009) by Policing and Crime Act 2009 (c. 26), s. 116(6)(b), Sch. 8 Pt. 13
Valid from 12/01/2009
F1171E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 4 paras. 170-172 repealed (12.1.2009) by Policing and Crime Act 2009 (c. 26), s. 116(6)(b), Sch. 8 Pt. 13
Valid from 12/01/2009
F1172E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 4 paras. 170-172 repealed (12.1.2009) by Policing and Crime Act 2009 (c. 26), s. 116(6)(b), Sch. 8 Pt. 13
173E+WIn 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 Organised Crime Agency ”.
Commencement Information
I170Sch. 4 para. 173 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
174E+WIn 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 ”.
Commencement Information
I171Sch. 4 para. 174 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
175E+WIn section 378(5) (interpretation of references to officers) for “the Director General of the National Criminal Intelligence Service” substitute “ the Director General of the Serious Organised Crime Agency ”.
Commencement Information
I172Sch. 4 para. 175 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
176E+WIn 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;”.
Commencement Information
I173Sch. 4 para. 176 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
177E+WIn section 439(5) (persons permitted to disclose information to the Lord Advocate and Scottish Ministers) for paragraphs (b) and (c) substitute—
“(b)the Director General of the Serious Organised Crime Agency;”.
Commencement Information
I174Sch. 4 para. 177 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
178E+WIn section 445(2)(b) (external investigations) for “the Director General of the National Criminal Intelligence Service” substitute “ the Director General of the Serious Organised Crime Agency ”.
Commencement Information
I175Sch. 4 para. 178 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
179E+WThe Police Reform Act 2002 has effect subject to the following amendments.
Commencement Information
I176Sch. 4 para. 179 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
180E+WOmit section 8 (powers of Secretary of State in relation to NCIS and NCS).
Commencement Information
I177Sch. 4 para. 180 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
181(1)Section 38 (exercise of police powers by civilian employees) is amended as follows.E+W
(2)Omit subsection (3).
(3)In subsection (4) omit “or a Director General”.
(4)In subsection (7) omit “or of a Service Authority”.
Commencement Information
I178Sch. 4 para. 181 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
182E+WIn section 42 (supplementary provisions relating to exercise of police powers) omit subsections (4) and (8).
Commencement Information
I179Sch. 4 para. 182 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
183(1)Section 45 (code of practice relating to exercise of police powers) is amended as follows.E+W
(2)In subsection (1) omit “and by Directors General”.
(3)In subsection (3) omit paragraphs (a), (b), (d) and (e).
(4)In subsection (5) omit “or a Director General”.
Commencement Information
I180Sch. 4 para. 183 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
184E+WIn section 47(1) (interpretation) omit the definitions of “Director General” and “Service Authority”.
Commencement Information
I181Sch. 4 para. 184 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
185(1)Section 82 (police nationality requirements) is amended as follows.E+W
(2)In subsection (1) omit paragraph (c).
(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
(b)omit paragraph (d).
(5)In subsection (4) for “, Service or Squad” substitute “ or Service ”.
Commencement Information
I182Sch. 4 para. 185 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
186E+WOmit sections 85 to 91 (NCIS and NCS: general provisions).
Commencement Information
I183Sch. 4 para. 186 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
187E+WOmit section 93 (quorum for NCIS and NCS service authorities).
Commencement Information
I184Sch. 4 para. 187 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
188(1)Section 102 (liability for wrongful acts of constables) is amended as follows.E+W
(2)In subsection (2) omit paragraphs (c) and (d).
(3)In subsection (5) omit paragraphs (b) and (c).
Commencement Information
I185Sch. 4 para. 188 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
189(1)Section 103 (liability in respect of members of teams) is amended as follows.E+W
(2)Omit subsections (2) and (3).
(3)In subsection (6) omit “, the NCIS service fund or the NCS service fund,”.
Commencement Information
I186Sch. 4 para. 189 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
190E+WIn Schedule 4 (powers exercisable by police civilians), in paragraph 36(1), omit paragraph (b) and the word “and” before it.
Commencement Information
I187Sch. 4 para. 190 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
191E+WOmit section 85 (liability of NCIS in respect of foreign officers) of the Crime (International Co-operation) Act 2003.
Commencement Information
I188Sch. 4 para. 191 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
192E+WIn 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 Crime Squad” substitute “ or the Serious Organised Crime Agency ”.
Commencement Information
I189Sch. 4 para. 192 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
193E+WThe Sexual Offences Act 2003 has effect subject to the following amendments.
Commencement Information
I190Sch. 4 para. 193 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
194E+WIn section 94(3) (supply of information for verification) for paragraphs (c) and (d) substitute—
“(c)the Serious Organised Crime Agency.”
Commencement Information
I191Sch. 4 para. 194 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
195E+WIn section 95(2) (supply of information by Secretary of State) for paragraphs (b) and (c) substitute—
“(b)the Serious Organised Crime Agency.”
Commencement Information
I192Sch. 4 para. 195 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
196E+WIn section 29(5) of the Criminal Justice Act 2003 (persons who may institute criminal proceedings by written charge) after paragraph (ca) insert—
“(cb)the Director General of the Serious Organised Crime Agency or a person authorised by him to institute criminal proceedings;”.
Commencement Information
I193Sch. 4 para. 196 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
197E+WThe Energy Act 2004 has effect subject to the following amendments.
Commencement Information
I194Sch. 4 para. 197 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
198E+WIn section 59(3) (members of civil nuclear constabulary serving with other forces)—
(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).
Commencement Information
I195Sch. 4 para. 198 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
199E+WAfter section 59 insert—
(1)A member of the Constabulary serving with the Serious Organised Crime Agency under arrangements to which subsection (2) applies shall—
(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.”
Commencement Information
I196Sch. 4 para. 199 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))
200E+WIn 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—
“13The Serious Organised Crime Agency.”
Commencement Information
I197Sch. 4 para. 200 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 10 (with art. 4(2)-(7))