2005 No. 3495 (C. 146)
The Serious Organised Crime and Police Act 2005 (Commencement No. 4 and Transitory Provision) Order 2005
Made
The Secretary of State makes the following Order in exercise of the powers conferred by section 178(8) and (10) of the Serious Organised Crime and Police Act 20051:
1
1
This Order may be cited as the Serious Organised Crime and Police Act 2005 (Commencement No. 4 and Transitory Provision) Order 2005.
2
In this Order “the 2005 Act” means the Serious Organised Crime and Police Act 2005.
2
1
Subject to paragraph (2), the following provisions of the 2005 Act shall come into force on 1st January 2006—
a
section 1(3) (power in relation to NCS and NCIS);
b
sections 8 to 10 (general duty; priorities; codes of practice);
c
sections 17 and 18 (grants);
d
section 27 (regulations);
e
section 39 (directions about prosecutions);
f
section 42 (interpretation of Chapter 1);
g
section 44(2) (designations);
h
section 52 (modification of enactments);
i
section 54 (interpretation of Chapter 2);
j
section 58 and Schedule 3 (transfers to SOCA);
k
section 59 (minor and consequential amendments relating to SOCA) in so far as it relates to the entry in Schedule 4 in paragraph (l) below;
l
paragraph 42 of Schedule 4 (amendment of s87 of the Road Traffic Regulation Act 1984);
m
sections 110 and 111 (powers of arrest) and Schedule 7 (powers of arrest: supplementary);
n
sections 113 and 114(1) to (8) (search warrants);
o
section 116 (photographing of suspects etc.) to the extent not already in force;
p
section 118 (impressions of footwear);
q
section 122(7) (powers of designated and accredited persons) in so far as it relates to the entry for Schedule 8 in paragraph (r) below;
r
Schedule 8 (powers of designated and accredited persons) to the extent not already in force;
s
section 174(1) (minor and consequential amendments, repeals and revocations) and Schedule 16 (remaining minor and consequential amendments (search warrants));
t
section 174(2) (minor and consequential amendments, repeals and revocations) in so far as it relates to the entries in Schedule 17 in paragraph (u) below; and
u
in Part 2 of Schedule 17 (repeals and revocations), the entries relating to—
i
the Unlawful Drilling Act 18192;
ii
the Vagrancy Act 18243;
iii
the Railway Regulation Act 18424;
iv
the Companies Clauses Consolidation Act 18455;
v
the Railway Clauses Consolidation Act 18456;
vi
the Licensing Act 18727;
vii
the Public Stores Act 18758;
viii
the London County Council (General Powers) Act 18949;
ix
the London County Council (General Powers) Act 190010;
x
the Licensing Act 190211;
xi
the Protection of Animals Act 191112;
xii
the Official Secrets Act 191113;
xiii
the Public Order Act 193614;
xiv
the Street Offences Act 195915;
xv
the Criminal Justice Act 196716;
xvi
the Ministry of Housing and Local Government Provisional Order (Greater London Parks and Open Spaces) Act 196717;
xvii
the Theft Act 196818;
xviii
the Port of London Act 196819;
xix
the Criminal Law Act 197720;
xx
the Theft Act 197821;
xxi
the Animal Health Act 198122;
xxii
the Local Government (Miscellaneous Provisions) Act 198223;
xxiii
the Aviation Security Act 198224;
xxiv
sections 15, 25, 66, 116, 118 of, and Schedules 1, 1A, 2, 5 and 6 to, the Police and Criminal Evidence Act 198425;
xxv
the Sporting Events (Control of Alcohol etc.) Act 198526;
xxvi
the Public Order Act 198627;
xxvii
Schedule 15 of the Criminal Justice Act 198828;
xxviii
sections 4 and 163 of the Road Traffic Act 198829
xxix
the Road Traffic (Consequential Provisions) Act 198830;
xxx
the Football Spectators Act 198931;
xxxi
Schedule 3 of the Aviation and Maritime Security Act 199032;
xxxii
the Football (Offences) Act 199133
xxxiii
the Road Traffic Act 199134;
xxxiv
the Transport and Works Act 199235;
xxxv
the Trade Union and Labour Relations (Consolidation) Act 199236;
xxxvi
the Criminal Justice and Public Order Act 199437;
xxxvii
paragraph 9 of Schedule 1 to the Drug Trafficking Act 199438;
xxxviii
the Reserve Forces Act 199639;
xxxix
the Offensive Weapons Act 199640;
xl
the Public Order (Amendment) Act 199641;
xli
the Confiscation of Alcohol (Young Persons) Act 199742;
xlii
sections 27 and 31 of the Crime and Disorder Act 199843;
xliii
the Terrorism Act 200044;
xliv
Schedule 2 to the Football (Disorder) Act 200045;
xlv
the Criminal Justice and Court Services Act 200046;
xlvi
sections 42 and 47 of the Criminal Justice and Police Act 200147;
xlvii
the Anti-terrorism, Crime and Security Act 200148;
xlviii
paragraph 14 of Schedule 11 to the Proceeds of Crime Act 200249;
xlix
sections 48 and 49 of, and Schedule 6 to, the Police Reform Act 200250;
l
paragraph 93 of Schedule 6 to the Licensing Act 200351
li
the Aviation (Offences) Act 200352;
lii
the Communications Act 200353;
liii
section 17 of the Crime (International Co-operation) Act 200354;
liv
sections 4, 32 and 37 of the Anti-social Behaviour Act 200355;
lv
the Courts Act 200356;
lvi
the Sexual Offences Act 200357;
lvii
section 3 of the Criminal Justice Act 200358;
lviii
the Domestic Violence, Crime and Victims Act 200459;
lix
the Hunting Act 200460;
lx
the Prevention of Terrorism Act 200561; and
lxi
the Serious Organised Crime and Police Act 2005.
2
Section 9(2)(a) of the 2005 Act does not apply during the period from 1st January 2006 to 31st March 2006.
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions of the Serious Organised Crime and Police Act 2005 have been, or are to be, brought into force by commencement orders made before the date of this Order.
Provision | Date of Commencement | S.I.No. |
|---|---|---|
Sections 60 to 67 (as to England and Wales) | 1st April 2006 | |
Section 68 (as to England, Wales and Northern Ireland) | 1st April 2006 | |
Section 69 | 1st April 2006 | |
Section 70 (as to England and Wales) | 1st April 2006 | |
Sections 82 to 94 (as to England, Wales and Northern Ireland) | 1st April 2006 | |
Section 95 | 1st July 2005 | |
Section 96 (as to Scotland) | 1st July 2005 | |
Section 96 (as to England, Wales and Northern Ireland) | 1st July 2005 | |
Section 97 | 1st July 2005 | |
Section 98 | 1st January 2006 | |
Section 99 to 101 | 1st July 2005 | |
Sections 103 to 108 | 1st July 2005 | |
Section 109 (partially) | 1st August 2005 | |
Section 109 (to the extent not already in force) | 1st January 2006 | |
Section 112 | 1st July 2005 | |
Section 115 | 1st July 2005 | |
Section 116 (partially) | 1st August 2005 | |
Section 119 | 1st July 2005 | |
Section 122 (partially) | 1st July 2005 | |
Section 122 (partially) | 1st August 2005 | |
Sections 123 to 131 | 1st July 2005 | |
Section 132 (partially) | 1st July 2005 | |
Section 132 (to the extent not already in force) | 1st August 2005 | |
Section 133 (partially) | 1st July 2005 | |
Section 133 (to the extent not already in force) | 1st August 2005 | |
Section 134 (partially) | 1st July 2005 | |
Section 134 (to the extent not already in force) | 1st August 2005 | |
Section 135 to 137 | 1st August 2005 | |
Section 138 to 143 | 1st July 2005 | |
Sections 145 to 155 | 1st July 2005 | |
Section 156 | 1st July 2005 | |
Section 157 | 1st April 2006 | |
Sections 159 and 160 | 1st July 2005 | |
Section 161 (partially) | 1st July 2005 | |
Section 161 (partially) | 1st August 2005 | |
Section 162 (partially) | 1st July 2005 | |
Section 164 (as to Scotland) | 1st July 2005 | |
Section 164 (to the extent not already in force) | 1st July 2005 | |
Section 165 (partially) (as to England, Wales and Northern Ireland) | 1st July 2005 | |
Section 166 (partially) (as to Scotland) | 1st July 2005 | |
Section 166 (partially) (as to England, Wales and Northern Ireland) | 1st July 2005 | |
Sections 168 and 169 | 1st July 2005 | |
Section 174 (partially) | 1st July 2005 | |
Section 175 | 1st July 2005 | |
Schedule 5 (as to England and Wales and Northern Ireland) | 1st April 2006 | |
Schedule 6 (partially) | 1st August 2005 | |
Schedule 6 (to the extent not already in force) | 1st January 2006 | |
Schedule 8 (partially) | 1st July 2005 | |
Schedule 9 (partially) | 1st July 2005 | |
Schedules 11 and 12 | 1st July 2005 | |
Schedule 13 (partially) | 1st July 2005 | |
Schedule 17 (partially) | 1st July 2005 |