SCHEDULES

C1SCHEDULE 8Abolition of SOCA and NPIA

Annotations:
Modifications etc. (not altering text)

C1Part 1Transitional, transitory and saving provision

Continuity in relation to subordinate legislation

I1C17

1

After the changeover, the subordinate legislation specified in an entry in the first column of the following table—

a

continues to have effect (subject to any subsequent amendment or revocation) as if made under the powers conferred by the provision of this Act specified in the corresponding entry in the second column; and

b

may be amended or revoked by (in particular) the exercise of the powers conferred by that provision.

Subordinate legislation

Provision of this Act

The Serious Organised Crime and Police Act 2005 (Application and Modification of Certain Enactments to Designated Staff of SOCA) Order 2006 (S.I. 2006/987)

Paragraphs 27 to 29 of Schedule 5

The International Joint Investigation Teams (International Agreement) Order 2009 (S.I. 2009/3269), insofar as it is made under powers conferred by the Serious Organised Crime and Police Act 2005

Paragraph 5(1)(c) of Schedule 4

The Serious Organised Crime and Police Act 2005 (Disclosure of Information by SOCA) Order 2010 (S.I. 2010/1955)

Paragraph (p) of the definition of “permitted purpose” in section 16(1)

2

Insofar as subordinate legislation continues to have effect by virtue of sub-paragraph (1), it does so subject to the following modifications.

The Serious Organised Crime and Police Act 2005 (Application and Modification of Certain Enactments to Designated Staff of SOCA) Order 2006 (S.I. 2006/987)

Articles 2 and 4(4) and paragraph 21 of Schedule 1

The reference to section 43(1)(a) of the Serious Organised Crime and Police Act 2005 has effect as a reference to section 9 or 10 of this Act

Articles 3(b) and 4(1)(b)

The reference to Chapter 2 of Part 1 of the Serious Organised Crime and Police Act 2005 has effect as a reference to Part 1 of this Act

Article 4(3)

The reference to section 46 of the Serious Organised Crime and Police Act 2005 has effect as a reference to Part 4 of Schedule 5 to this Act

Article 5 and Paragraph 6 of Schedule 2

The reference to section 43(1)(c) of the Serious Organised Crime and Police Act 2005 has effect as a reference to section 9 or 10 of this Act

Articles 6(b) and 7(1)(b)

The reference to Chapter 2 of Part 1 of the Serious Organised Crime and Police Act 2005 has effect as a reference to Part 1 of this Act

Schedule 1

Each reference to a SOCA office has effect as a reference to a place for the time being occupied by the National Crime Agency

The International Joint Investigation Teams (International Agreement) Order 2009 (S.I. 2009/3269)

Article 2(d)

The reference to sections 30(5)(c) and 57(6)(c) of the Serious Organised Crime and Police Act 2005 has effect as a reference to paragraph 5(1)(c) of Schedule 4 to this Act

The Serious Organised Crime and Police Act 2005 (Disclosure of Information by SOCA) Order 2010 (S.I. 2010/1955)

Article 2

The reference to section 33 of the Serious Organised Crime and Police Act 2005 has effect as a reference to the definition of “permitted purpose” in section 16(1) of this Act

3

The modifications applicable to any subordinate legislation by virtue of sub-paragraph (2) are in addition to any other modifications applicable to that subordinate legislation (whether by virtue of Part 4 of this Schedule or otherwise).

4

The preceding provisions of this paragraph are without prejudice to sections 59 (consequential amendments) and 60 (transitional, transitory or saving provision).