Serious Organised Crime and Police Act 2005 (c. 15)

SCHEDULES

Section 59

SCHEDULE 4 E+W Minor and consequential amendments relating to SOCA

Explosives Act 1875 (c. 17) E+W

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

I1 Sch. 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))

Police (Property) Act 1897 (c. 30) E+W

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

I2 Sch. 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))

Army Act 1955 (3 & 4 Eliz. 2 c. 18) E+W

3 E+W In section 83BC(2) of the Army Act 1955 (police forces which may be advised by prosecuting authority) omit paragraph (k).

Commencement Information

I3 Sch. 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))

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) E+W

4 E+W In section 83BC(2) of the Air Force Act 1955 (police forces which may be advised by prosecuting authority) omit paragraph (k).

Commencement Information

I4 Sch. 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))

Naval Discipline Act 1957 (c. 53) E+W

5 E+W In section 52IJ(2) of the Naval Discipline Act 1957 (police forces which may be advised by prosecuting authority) omit paragraph (k).

Commencement Information

I5 Sch. 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))

Public Records Act 1958 (c. 51) E+W

6 E+W In 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

I6 Sch. 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))

Trustee Investments Act 1961 (c. 62) E+W

7 E+W The Trustee Investments Act 1961 has effect subject to the following amendments.

Commencement Information

I7 Sch. 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))

8 E+W In 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

I8 Sch. 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))

9 E+W In Part 2 of Schedule 1 (narrower-range investments requiring advice) omit paragraph 9(da).

Commencement Information

I9 Sch. 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))

Offices, Shops and Railway Premises Act 1963 (c. 41) E+W

10 E+W In 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

I10 Sch. 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))

Parliamentary Commissioner Act 1967 (c. 13) E+W

11 E+W In 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

I11 Sch. 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))

Police (Scotland) Act 1967 (c. 77) E+W

12 E+W The Police (Scotland) Act 1967 has effect subject to the following amendments.

Commencement Information

I12 Sch. 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))

13 E+W In section 33 (inspectors of constabulary), in subsections (3) and (4), omit “and the National Criminal Intelligence Service”.

Commencement Information

I13 Sch. 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

I14 Sch. 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))

15 E+W In 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

I15 Sch. 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))

16 E+W In 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

I16 Sch. 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))

Leasehold Reform Act 1967 (c. 88) E+W

17 E+W In section 28(5) of the Leasehold Reform Act 1967 (bodies retaining or resuming land required for public services) omit paragraph (bc).

Commencement Information

I17 Sch. 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))

Firearms Act 1968 (c. 27) E+W

18 E+W In 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

I18 Sch. 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))

Employment Agencies Act 1973 (c. 35) E+W

19 E+W In 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

I19 Sch. 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))

Health and Safety at Work etc. Act 1974 (c. 37) E+W

20 E+W In 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

I20 Sch. 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))

District Courts (Scotland) Act 1975 (c. 20) E+W

21 E+W In 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

I21 Sch. 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))

House of Commons Disqualification Act 1975 (c. 24) E+W

22 E+W The House of Commons Disqualification Act 1975 has effect subject to the following amendments.

Commencement Information

I22 Sch. 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))

23 E+W In section 1(1) (disqualification for membership of House of Commons) omit paragraph (da).

Commencement Information

I23 Sch. 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

I24 Sch. 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))

Northern Ireland Assembly Disqualification Act 1975 (c. 25) E+W

25 E+W The Northern Ireland Assembly Disqualification Act 1975 has effect subject to the following amendments.

Commencement Information

I25 Sch. 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))

26 E+W In section 1(1) (disqualification for membership of Assembly) omit paragraph (da).

Commencement Information

I26 Sch. 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

I27 Sch. 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))

Sex Discrimination Act 1975 (c. 65) E+W

28 E+W In 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

I28 Sch. 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))

Police Pensions Act 1976 (c. 35) E+W

29 E+W The Police Pensions Act 1976 has effect subject to the following amendments.

Commencement Information

I29 Sch. 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))

30 E+W In 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)

C1 Sch. 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

I30 Sch. 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)

C2 Sch. 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

I31 Sch. 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))

32 E+W Paragraphs 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

I32 Sch. 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))

Race Relations Act 1976 (c. 74) E+W

33 E+W The Race Relations Act 1976 has effect subject to the following amendments.

Commencement Information

I33 Sch. 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

I34 Sch. 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))

35 E+W In 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

I35 Sch. 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))

Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15)) E+W

36 E+W The Sex Discrimination (Northern Ireland) Order 1976 has effect subject to the following amendments.

Commencement Information

I36 Sch. 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))

37 E+W In 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

I37 Sch. 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))

38 E+W In 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

I38 Sch. 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))

Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9)) E+W

39 E+W In 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

I39 Sch. 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))

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55) E+W

40 E+W In 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

I40 Sch. 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))

Stock Transfer Act 1982 (c. 41) E+W

41 E+W In 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

I41 Sch. 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))

Road Traffic Regulation Act 1984 (c. 27) E+W

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

I42 Sch. 4 para. 42 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(l)

Police and Criminal Evidence Act 1984 (c. 60) E+W

43 E+W The Police and Criminal Evidence Act 1984 has effect subject to the following amendments.

Commencement Information

I43 Sch. 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))

44 E+W In section 5 (reports of recorded searches and road checks) omit subsection (1A).

Commencement Information

I44 Sch. 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))

45 E+W In section 55 (intimate searches) omit subsection (14A).

Commencement Information

I45 Sch. 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))

46 E+W In section 63A(1A) (supplementary provision about fingerprints and samples) for paragraphs (b) and (c) substitute—

“(b) the Serious Organised Crime Agency;”.

Commencement Information

I46 Sch. 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))

Prosecution of Offences Act 1985 (c. 23) E+W

47 E+W In 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

I47 Sch. 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))

Ministry of Defence Police Act 1987 (c. 4) E+W

48 E+W The Ministry of Defence Police Act 1987 has effect subject to the following amendments.

Commencement Information

I48 Sch. 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))

49 E+W In section 2B(3) (constables serving with other forces), in the definitions of “chief officer” and “relevant force”, omit paragraphs (c) and (d).

Commencement Information

I49 Sch. 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))

50 E+W After section 2B insert—

“2C Constables serving with Serious Organised Crime Agency

(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

I50 Sch. 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))

Dartford-Thurrock Crossing Act 1988 (c. 20) E+W

51 E+W In 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

I51 Sch. 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))

Road Traffic Act 1988 (c. 52) E+W

52 E+W The Road Traffic Act 1988 shall have effect subject to the following amendments.

Commencement Information

I52 Sch. 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

I53 Sch. 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))

54 E+W In section 144(2) (exemption from requirement of third-party insurance or security) omit paragraph (ba).

Commencement Information

I54 Sch. 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))

Security Service Act 1989 (c. 5) E+W

55 E+W The Security Service Act 1989 has effect subject to the following amendments.

Commencement Information

I55 Sch. 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))

56 E+W In 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

I56 Sch. 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))

57 E+W In 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

I57 Sch. 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))

Official Secrets Act 1989 (c. 6) E+W

58 E+W In 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

I58 Sch. 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))

Aviation and Maritime Security Act 1990 (c. 31) E+W

59 E+W In 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

I59 Sch. 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))

Tribunals and Inquiries Act 1992 (c. 53) E+W

60 E+W The Tribunals and Inquiries Act 1992 has effect subject to the following amendments.

Commencement Information

I60 Sch. 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))

61 E+W In section 7(2) (removal of members of certain tribunals) after “36A” omit “(a) or (b)”.

Commencement Information

I61 Sch. 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))

62 E+W In Schedule 1 (tribunals under supervision of Council on Tribunals) in paragraph 36A omit “(a)” and sub-paragraph (b).

Commencement Information

I62 Sch. 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))

Criminal Appeal Act 1995 (c. 35) E+W

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

I63 Sch. 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))

Disability Discrimination Act 1995 (c. 50) E+W

64 E+W The Disability Discrimination Act 1995 has effect subject to the following amendments.

Commencement Information

I64 Sch. 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

I65 Sch. 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))

66 E+W In 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

I66 Sch. 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

I67 Sch. 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))

Police Act 1996 (c. 16) E+W

68 E+W The Police Act 1996 has effect subject to the following amendments.

Commencement Information

I68 Sch. 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))

69 E+W Omit section 23(8) (collaboration agreements).

Commencement Information

I69 Sch. 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))

70 E+W Omit section 24(5) (mutual aid).

Commencement Information

I70 Sch. 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

I71 Sch. 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))

72 E+W In section 55 (publication of reports) omit subsection (7).

Commencement Information

I72 Sch. 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

I73 Sch. 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))

74 E+W Omit section 59(8) (police federations).

Commencement Information

I74 Sch. 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))

75 E+W Omit section 60(2A) (regulations for police federations).

Commencement Information

I75 Sch. 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))

76 E+W In section 61(1) (police negotiating board) omit paragraphs (aa) and (ba).

Commencement Information

I76 Sch. 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).

F1 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 4 para. 77(5) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)

Commencement Information

I77 Sch. 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

I78 Sch. 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))

79 E+W In section 64 (membership of trade unions) omit subsections (4A) and (4B).

Commencement Information

I79 Sch. 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

I80 Sch. 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))

81 E+W In 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

I81 Sch. 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),

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) ”.

Textual Amendments

F2 Sch. 4 para. 82(2)(b) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 14; S.I. 2008/755, art. 2(1)(d) (with arts. 3-14)

Commencement Information

I82 Sch. 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

I83 Sch. 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))

Employment Rights Act 1996 (c. 18) E+W

84 E+W The Employment Rights Act 1996 has effect subject to the following amendments.

Commencement Information

I84 Sch. 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))

85 E+W In 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

I85 Sch. 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))

86 E+W In section 50(2) (right to time off for public duties) omit paragraph (ca).

Commencement Information

I86 Sch. 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))

87 E+W In 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

I87 Sch. 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))

Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6)) E+W

88 E+W In 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

I88 Sch. 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))

Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)) E+W

89 E+W The Employment Rights (Northern Ireland) Order 1996 has effect subject to the following amendments.

Commencement Information

I89 Sch. 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))

90 E+W In Article 67KA(3) (application of Part VA of that Order to the police) omit sub-paragraph (b).

Commencement Information

I90 Sch. 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))

91 E+W In Article 72A(2) (application of Article 68 of that Order to the police) omit sub-paragraph (b).

Commencement Information

I91 Sch. 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))

92 E+W In Article 169A(2) (application of Article 132 of that Order to the police) omit sub-paragraph (b).

Commencement Information

I92 Sch. 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))

Police (Health and Safety) Act 1997 (c. 42) E+W

93 E+W In 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

I93 Sch. 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))

Police Act 1997 (c. 50) E+W

94 E+W The Police Act 1997 has effect subject to the following amendments.

Commencement Information

I94 Sch. 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))

95 E+W Omit sections 1 to 87 (provision about NCIS and NCS and their Service Authorities).

Commencement Information

I95 Sch. 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))

96 E+W Omit sections 89 and 90 (general provision about NCS).

Commencement Information

I96 Sch. 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

I97 Sch. 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

I98 Sch. 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

I99 Sch. 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

I100 Sch. 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))

101 E+W In section 105(3) (supplementary provision about appeals) for “, (d), (f) or (g)” substitute “ or (d) ”.

Commencement Information

I101 Sch. 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))

102 E+W In 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

I102 Sch. 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))

F3 103 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 4 para. 103 repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)

F4 104 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 4 para. 104 repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)

105 E+W In section 137(2) (extent) omit paragraphs (b) and (c).

Commencement Information

I103 Sch. 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))

106 E+W Omit Schedules 1 to 2A (Service Authorities for NCIS and NCS).

Commencement Information

I104 Sch. 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))

Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6)) E+W

107 E+W The Race Relations (Northern Ireland) Order 1997 has effect subject to the following amendments.

Commencement Information

I105 Sch. 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))

108 E+W In 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

I106 Sch. 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))

109 E+W In 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

I107 Sch. 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))

Police (Health and Safety) (Northern Ireland) Order 1997 (S.I. 1997/1774 (N.I. 16)) E+W

110 E+W In 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

I108 Sch. 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))

Audit Commission Act 1998 (c. 18) E+W

111 E+W In 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

I109 Sch. 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))

Data Protection Act 1998 (c. 29) E+W

112 E+W In 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

I110 Sch. 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))

Police (Northern Ireland) Act 1998 (c. 32) E+W

113 E+W The Police (Northern Ireland) Act 1998 has effect subject to the following amendments.

Commencement Information

I111 Sch. 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

I112 Sch. 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))

115 E+W In 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

I113 Sch. 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))

116 E+W In 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

I114 Sch. 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

I115 Sch. 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))

Crime and Disorder Act 1998 (c. 37) E+W

118 E+W Omit section 113 of the Crime and Disorder Act 1998 (deputy authorising officer under Part 3 of Police Act 1997).

Commencement Information

I116 Sch. 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))

Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21)) E+W

119 E+W The Fair Employment and Treatment (Northern Ireland) Order 1998 has effect subject to the following amendments.

Commencement Information

I117 Sch. 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))

120 E+W In 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

I118 Sch. 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))

121 E+W In 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

I119 Sch. 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))

Immigration and Asylum Act 1999 (c. 33) E+W

122 E+W The Immigration and Asylum Act 1999 has effect subject to the following amendments.

Commencement Information

I120 Sch. 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))

123 E+W In section 20(1) (supply of information to Secretary of State) for paragraphs (b) and (c) substitute—

“(b) the Serious Organised Crime Agency;”.

Commencement Information

I121 Sch. 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

I122 Sch. 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))

Terrorism Act 2000 (c. 11) E+W

125 E+W The Terrorism Act 2000 has effect subject to the following amendments.

Commencement Information

I123 Sch. 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))

126 E+W In 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

I124 Sch. 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))

127 E+W In 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

I125 Sch. 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))

128 E+W In 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

I126 Sch. 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))

129 E+W In 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

I127 Sch. 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))

130 E+W In Schedule 14 (exercise of officers' powers), in paragraph 4(1), for paragraph (d) substitute—

“(d) to the Serious Organised Crime Agency;”.

Commencement Information

I128 Sch. 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))

Regulation of Investigatory Powers Act 2000 (c. 23) E+W

131 E+W The Regulation of Investigatory Powers Act 2000 has effect subject to the following amendments.

Commencement Information

I129 Sch. 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

I130 Sch. 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

I131 Sch. 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

I132 Sch. 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

I133 Sch. 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))

136 E+W In 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

I134 Sch. 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

I135 Sch. 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

I136 Sch. 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

I137 Sch. 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

I138 Sch. 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))

141 E+W In 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

I139 Sch. 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))

142 E+W In 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

I140 Sch. 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))

143 E+W In section 45(6) (cancellation of authorisations)—

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

(b) omit paragraphs (d) and (e).

Commencement Information

I141 Sch. 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))

144 E+W In section 46(3) (restriction on authorisations extending to Scotland) after paragraph (da) insert—

“(db) the Serious Organised Crime Agency;”.

Commencement Information

I142 Sch. 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))

145 E+W In section 49(1)(e) (notices requiring disclosure) after “the police” (in both places) insert “ , SOCA ”.

Commencement Information

I143 Sch. 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

I144 Sch. 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))

147 E+W In section 54(3) (tipping-off) after “police” (in both places) insert “ SOCA, ”.

Commencement Information

I145 Sch. 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

I146 Sch. 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))

149 E+W In 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

I147 Sch. 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))

150 E+W In 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

I148 Sch. 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))

151 E+W In section 65(6) (the Tribunal) for paragraphs (d) and (e) substitute—

“(d) the Serious Organised Crime Agency; or”.

Commencement Information

I149 Sch. 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))

152 E+W In 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

I150 Sch. 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))

153 E+W In section 75(6) (authorisations under Part 3 of Police Act 1997) omit paragraph (b).

Commencement Information

I151 Sch. 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

I152 Sch. 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

“2 The Serious Organised Crime Agency.”

Commencement Information

I153 Sch. 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

I154 Sch. 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))

Football (Disorder) Act 2000 (c. 25) E+W

157 E+W Omit section 2 of the Football (Disorder) Act 2000 (disclosure of information by NCIS).

Commencement Information

I155 Sch. 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))

Freedom of Information Act 2000 (c. 36) E+W

158 E+W The Freedom of Information Act 2000 has effect subject to the following amendments.

Commencement Information

I156 Sch. 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))

159 E+W In 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

I157 Sch. 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))

160 E+W In 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

I158 Sch. 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))

Criminal Justice and Court Services Act 2000 (c. 43) E+W

161 E+W In 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

I159 Sch. 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))

Criminal Justice and Police Act 2001 (c. 16) E+W

162 E+W The Criminal Justice and Police Act 2001 has effect subject to the following amendments.

Commencement Information

I160 Sch. 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))

F5 163 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 4 para. 163 repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(q) (with art. 6)

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

I161 Sch. 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

I162 Sch. 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))

166 E+W Omit sections 108 to 121 (provision about NCIS and NCS and their Service Authorities).

Commencement Information

I163 Sch. 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))

167 E+W Omit section 138(6)(d) (extent).

Commencement Information

I164 Sch. 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))

Proceeds of Crime Act 2002 (c. 29) E+W

168 E+W The Proceeds of Crime Act 2002 has effect subject to the following amendments.

Commencement Information

I165 Sch. 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))

F6 169 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 4 para. 169 repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 14; S.I. 2008/755, art. 2(1)(d) (with arts. 3-14)

Yn ddilys o 12/01/2009

F7 170 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 4 paras. 170-172 repealed (12.1.2009) by Policing and Crime Act 2009 (c. 26), s. 116(6)(b), Sch. 8 Pt. 13

Yn ddilys o 12/01/2009

F7 171 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 4 paras. 170-172 repealed (12.1.2009) by Policing and Crime Act 2009 (c. 26), s. 116(6)(b), Sch. 8 Pt. 13

Yn ddilys o 12/01/2009

F7 172 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 4 paras. 170-172 repealed (12.1.2009) by Policing and Crime Act 2009 (c. 26), s. 116(6)(b), Sch. 8 Pt. 13

173 E+W In 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

I166 Sch. 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))

174 E+W In 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

I167 Sch. 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))

175 E+W In 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

I168 Sch. 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))

F8 176 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 4 para. 176 repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 14; S.I. 2008/755, art. 2(1)(d) (with arts. 3-14)

177 E+W In 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

I169 Sch. 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))

F9 178 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 4 para. 178 repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 14; S.I. 2008/755, art. 2(1)(d) (with arts. 3-14)

Police Reform Act 2002 (c. 30) E+W

179 E+W The Police Reform Act 2002 has effect subject to the following amendments.

Commencement Information

I170 Sch. 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))

180 E+W Omit section 8 (powers of Secretary of State in relation to NCIS and NCS).

Commencement Information

I171 Sch. 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

I172 Sch. 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))

182 E+W In section 42 (supplementary provisions relating to exercise of police powers) omit subsections (4) and (8).

Commencement Information

I173 Sch. 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

I174 Sch. 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))

184 E+W In section 47(1) (interpretation) omit the definitions of “Director General” and “Service Authority”.

Commencement Information

I175 Sch. 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

I176 Sch. 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))

186 E+W Omit sections 85 to 91 (NCIS and NCS: general provisions).

Commencement Information

I177 Sch. 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))

187 E+W Omit section 93 (quorum for NCIS and NCS service authorities).

Commencement Information

I178 Sch. 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

I179 Sch. 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

I180 Sch. 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))

190 E+W In Schedule 4 (powers exercisable by police civilians), in paragraph 36(1), omit paragraph (b) and the word “and” before it.

Commencement Information

I181 Sch. 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))

Crime (International Co-operation) Act 2003 (c. 32) E+W

191 E+W Omit section 85 (liability of NCIS in respect of foreign officers) of the Crime (International Co-operation) Act 2003.

Commencement Information

I182 Sch. 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))

Courts Act 2003 (c. 39) E+W

192 E+W In 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

I183 Sch. 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))

Sexual Offences Act 2003 (c. 42) E+W

193 E+W The Sexual Offences Act 2003 has effect subject to the following amendments.

Commencement Information

I184 Sch. 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))

194 E+W In section 94(3) (supply of information for verification) for paragraphs (c) and (d) substitute—

“(c) the Serious Organised Crime Agency.”

Commencement Information

I185 Sch. 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))

195 E+W In section 95(2) (supply of information by Secretary of State) for paragraphs (b) and (c) substitute—

“(b) the Serious Organised Crime Agency.”

Commencement Information

I186 Sch. 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))

Criminal Justice Act 2003 (c. 44) E+W

196 E+W In 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

I187 Sch. 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))

Energy Act 2004 (c. 20) E+W

197 E+W The Energy Act 2004 has effect subject to the following amendments.

Commencement Information

I188 Sch. 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))

198 E+W In 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

I189 Sch. 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))

199 E+W After section 59 insert—

“59A Constables serving with Serious Organised Crime Agency

(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

I190 Sch. 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))

Domestic Violence, Crime and Victims Act 2004 (c. 28) E+W

200 E+W In 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—

“13 The Serious Organised Crime Agency.”

Commencement Information

I191 Sch. 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))