Serious Organised Crime and Police Act 2005

Part 2 Amendments

Royal Parks (Trading) Act 2000 (c. 13)

9 In section 4 of the Royal Parks (Trading) Act 2000 (seizure of property) after subsection (3) add—

“(4) In the application of this section to a specified park—

(a) the reference in subsection (1) to a park constable has effect as a reference to a constable, and

(b) subsections (2) and (3) do not apply.

(5) In subsection (4) “specified park” has the same meaning as in section 162 of the Serious Organised Crime and Police Act 2005.”

Regulation of Investigatory Powers Act 2000 (c. 23)

10 In Schedule 1 to the Regulation of Investigatory Powers Act 2000 (relevant authorities) omit paragraph 27D and the cross-heading before it.

Police Reform Act 2002 (c. 30)

11 The Police Reform Act 2002 has effect subject to the following amendments.

12 (1) Section 82 (police nationality requirements) is amended as follows.

(2) In subsection (1)—

(a) at the end of paragraph (e) insert “or”, and

(b) omit paragraph (f).

(3) In subsection (3)(e) for “the Civil Nuclear Constabulary or the Royal Parks Constabulary” substitute “or the Civil Nuclear Constabulary”.

(4) Omit subsection (5).

13 (1) Schedule 4 (powers exercisable by police civilians) is amended as follows.

(2) In paragraph 2(6) after paragraph (aa) insert—

“(ab) an offence committed in a specified park which by virtue of section 2 of the Parks Regulation (Amendment) Act 1926 is an offence against the Parks Regulation Act 1872; or”.

(3) After paragraph 7C insert—

“Park Trading offences

7D (1) This paragraph applies if—

(a) a designation applies it to any person (“the CSO”), and

(b) the CSO has under paragraph 2(3) required another person (“P”) to wait with him for the arrival of a constable.

(2) If the CSO reasonably suspects that P has committed a park trading offence, the CSO may take possession of anything of a non-perishable nature which—

(a) P has in his possession or under his control, and

(b) the CSO reasonably believes to have been used in the commission of the offence.

(3) The CSO may retain possession of the thing in question for a period not exceeding 30 minutes unless P makes an election under paragraph 2(4), in which case the CSO may retain possession of the thing in question until he is able to transfer control of it to a constable.

(4) In this paragraph “park trading offence” means an offence committed in a specified park which is a park trading offence for the purposes of the Royal Parks (Trading) Act 2000.”

(4) In paragraph 36 after sub-paragraph (3) insert—

“(3A) In this Schedule “specified park” has the same meaning as in section 162 of the Serious Organised Crime and Police Act 2005.”