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Serious Organised Crime and Police Act 2005

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Serious Organised Crime and Police Act 2005, Part 2 is up to date with all changes known to be in force on or before 21 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Schedule 17 Part 2:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Serious Organised Crime and Police Act 2005

Commencement Orders bringing provisions within this Act into force:

Part 2E+WOther repeals and revocations

Commencement Information

I1Sch. 17 Pt. 2 in force at 1.7.2005 for specified purposes by S.I. 2005/1521, art. 3(1)(ee)

I2Sch. 17 Pt. 2 in force at 1.1.2006 for specified purposes by S.I. 2005/3495, art. 2(1)(t)

I3Sch. 17 Pt. 2 in force at 1.4.2006 for specified purposes for S. by S.S.I. 2006/166, art. 2(1)(d)

I4Sch. 17 Pt. 2 in force at 1.4.2006 for specified purposes by S.I. 2006/378, art. 4(1), Sch. para. 13 (with art. 4(2)-(7))

I5Sch. 17 Pt. 2 in force at 6.4.2006 for specified purposes for E.W. by S.I. 2006/378, art. 7(f)

I6Sch. 17 Pt. 2 in force at 8.5.2006 for specified purposes by S.I. 2006/1085, art. 2(d)

I7Sch. 17 Pt. 2 in force at 1.4.2008 for specified purposes for N.I. by S.I. 2008/697, art. 2(f)

Short title and chapter or title and numberExtent of repeal or revocation
Unlawful Drilling Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 1)In section 2, the words “, or for any other person acting in their aid or assistance,”.
Vagrancy Act 1824 (c. 83)Section 6.
Railway Regulation Act 1842 (c. 55)Section 17.
Companies Clauses Consolidation Act 1845 (c. 16)In section 156, the words “, and all persons called by him to his assistance,”.
Railways Clauses Consolidation Act 1845 (c. 20)Sections 104 and 154.
Licensing Act 1872 (c. 94)In section 12, the words “may be apprehended, and”.
Public Stores Act 1875 (c. 25)Section 12(1).
London County Council (General Powers) Act 1894 (c. ccxii)In section 7, the words “and any person called to the assistance of such constable or person authorised”.
London County Council (General Powers) Act 1900 (c. cclxviii)In section 27, the words “and any person called to the assistance of such constable or officer”.
Licensing Act 1902 (c. 28)

In section 1, the words “apprehended and”.

In section 2(1), the words “may be apprehended, and”.

Protection of Animals Act 1911 (c. 27)Section 12(1).
Official Secrets Act 1911 (c. 28)Section 6.
Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)Section 7(3).
Army Act 1955 (3 & 4 Eliz. 2 c. 18)Section 83BC(2)(k).
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)Section 83BC(2)(k).
Naval Discipline Act 1957 (c. 53)Section 52IJ(2)(k).
Public Records Act 1958 (c. 51)In Schedule 1, in Part 2 of the Table at the end of paragraph 3, the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service.
Street Offences Act 1959 (c. 57)Section 1(3).
Trustee Investments Act 1961 (c. 62)

In section 11(4), in paragraph (a), the words “, the Service Authority for the National Crime Squad”, and paragraph (e).

In Part 2 of Schedule 1, paragraph 9(da).

Parliamentary Commissioner Act 1967 (c. 13)In Schedule 2, the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service.
Police (Scotland) Act 1967 (c. 77)

In section 33, in subsections (3) and (4), the words “and the National Criminal Intelligence Service”.

Section 38A(1)(ba).

In section 41(4)(a), the words “or by a member of the National Criminal Intelligence Service or of the National Crime Squad”.

Criminal Justice Act 1967 (c. 80)In section 91(1), the words “may be arrested without warrant by any person and”.
Leasehold Reform Act 1967 (c. 88)Section 28(5)(bc).
Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c. xxix)In Article 19 of the Order set out in the Schedule, the words “and any person called to the assistance of such constable or officer”.
Theft Act 1968 (c. 60)Section 25(4).
Port of London Act 1968 (c. xxxii)

In section 2, the definition of “arrestable offence”.

Section 170.

Employment Agencies Act 1973 (c. 35)In section 13(7)(f), the words “, the Service Authority for the National Criminal Intelligence Service, the Service Authority for the National Crime Squad”.
House of Commons Disqualification Act 1975 (c. 24)

Section 1(1)(da).

In Schedule 1, in Part 2, the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

Section 1(1)(da).

In Schedule 1, in Part 2, the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service.

Sex Discrimination Act 1975 (c. 65)In section 17(7), in the definition of “chief officer of police”, paragraph (aa), in the definition of “police authority”, paragraph (aa) and, in the definition of “police fund” the words from “, in relation to” (in the second place where they occur) to “the Police Act 1997”.
Police Pensions Act 1976 (c. 35)In section 11(5), in paragraph (a) of the definition of “central service”, “(ca), (cb),”.
Race Relations Act 1976 (c. 74)

In section 76B, subsection (1) and, in subsection (2), the word “also”.

In Schedule 1A, in Part 1, paragraphs 59 and 60 and, in Part 3, the entry relating to the Director General of the National Crime Squad.

Criminal Law Act 1977 (c. 45)

Section 6(6).

Section 7(6).

Section 8(4).

Section 9(7).

In section 10(5), the words “A constable in uniform,”.

Theft Act 1978 (c. 31)Section 3(4).
Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))In Article 47A(2), sub-paragraph (b).
Animal Health Act 1981 (c. 22)

Section 61(1).

Section 62(1).

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)In Schedule 3, paragraph 24.
Aviation Security Act 1982 (c. 36)Section 28(3).
Stock Transfer Act 1982 (c. 41)In Schedule 1, in paragraph 7(1), paragraph (bb) and the word “or” before it.
Police and Criminal Evidence Act 1984 (c. 60)

Section 5(1A).

In section 15(2)(a)(i), the word “and” at the end.

Section 25.

Section 55(14A).

In section 66(1)(a)(i), the word “or” at the end.

Section 116.

In section 118(1), the definition of “arrestable offence”.

In Schedule 1, in paragraph 14(a), the words “to which the application relates”.

Schedule 1A.

In Schedule 2, the entries relating to the Military Lands Act 1892 (c. 43), the Protection of Animals Act 1911 (c. 27), the Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6), the Street Offences Act 1959 (c. 57), the Criminal Law Act 1977 (c. 45) and the Animal Health Act 1981 (c. 22).

Schedule 5.

In Schedule 6, paragraph 17.

Prosecution of Offences Act 1985 (c. 23)In section 3(3), in the definition of “police force”, the words “, the National Crime Squad”.
Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)In section 7(2), the words “, and may arrest such a person”.
Public Order Act 1986 (c. 64)

Section 3(6).

Section 4(3).

Section 4A(4).

Section 5(4) and (5).

Section 12(7).

Section 13(10).

Section 14(7).

Section 14B(4).

Section 14C(4).

Section 18(3).

Ministry of Defence Police Act 1987 (c. 4)In section 2B(3), in the definitions of “chief officer” and “relevant force”, paragraphs (c) and (d).
Criminal Justice Act 1988 (c. 33)

Section 140(1)(a) and (b).

In Schedule 15, paragraphs 98 and 102.

Road Traffic Act 1988 (c. 52)

Section 4(6) to (8).

In section 124(2), the definitions of “chief officer of police”, “police authority” and “police force”.

Section 144(2)(ba).

Section 163(4).

Road Traffic (Consequential Provisions) Act 1988 (c. 54)In Schedule 3, paragraph 27(5).
Football Spectators Act 1989 (c. 37)Section 2(4).
Aviation and Maritime Security Act 1990 (c. 31)

In section 22(4)(b), sub-paragraph (iii) and the word “or” before it.

In Schedule 3, paragraph 8.

Football (Offences) Act 1991 (c. 19)Section 5(1).
Road Traffic Act 1991 (c. 40)In Schedule 4, paragraph 39.
Local Government Finance Act 1992 (c. 14)In section 43(7)(b), “, (5A)”.
Transport and Works Act 1992 (c. 42)

Section 30(1) and (3).

Section 40.

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)Section 241(3).
Tribunals and Inquiries Act 1992 (c. 53)

In section 7(2), after “36A”, “(a) or (b)”.

In Schedule 1, in paragraph 36A, “(a)” and sub-paragraph (b).

Criminal Justice and Public Order Act 1994 (c. 33)

Section 61(5).

Section 62B(4).

Section 63(8).

Section 65(5).

Section 68(4).

Section 69(5).

Section 76(7).

Section 85(1), (2) and (3).

Section 155.

Section 166(4).

Section 167(7).

In Schedule 10, paragraph 59.

Drug Trafficking Act 1994 (c. 37)In Schedule 1, paragraph 9 and, in paragraph 25, the words “section 9(6) of” and the words after “1990”.
Criminal Appeal Act 1995 (c. 35)In section 22(2), in paragraph (a), the words “, the National Crime Squad”, paragraph (b)(ii) and paragraphs (d) and (e).
Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)In Schedule 4, paragraph 76(2).
Disability Discrimination Act 1995 (c. 50)In the section 64A inserted by the Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), in subsection (7), in the definitions of “chief officer of police”, “police authority” and “police fund”, paragraph (b).
Reserve Forces Act 1996 (c. 14)In Schedule 2, paragraph 2(1).
Police Act 1996 (c. 16)

Section 23(8).

Section 24(5).

In section 54(2), the words “the National Criminal Intelligence Service and the National Crime Squad”.

Section 55(7).

Section 59(8).

Section 60(2A).

Section 61(1)(aa) and (ba).

In section 62, subsection (1)(aa) and (ab), the subsection (1A) inserted by paragraph 82(2) of Schedule 9 to the Police Act 1997, and subsections (1B) and (1C).

In section 63, subsections (1A) and (1B).

In section 64, subsections (4A) and (4B).

In section 88(5)(b), the words “or section 23 of the Police Act 1997”.

In section 89(4)(a), the words “or by a member of the National Crimina Intelligence Service or of the National Crime Squad”.

Section 97(1)(ca) and (cb).

In section 98, in subsections (2) and (3), the words “or the Director General of the National Crime Squad” and “or the National Crime Squad”, subsection (3A), in subsection (4) the words “or the National Crime Squad” and “or the Director General of the National Crime Squad”, in subsection (5) the words “or the National Crime Squad” (in both places) and “or the Director General of the National Crime Squad” and subsection (6A).

Employment Rights Act 1996 (c. 18)Section 50(2)(ca).
Offensive Weapons Act 1996 (c. 26)Section 1(1).
Public Order (Amendment) Act 1996 (c. 59)The whole Act.
Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6))In Schedule 2, 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.
Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))

Article 67KA(3)(b).

Article 72A(2)(b).

Article 169A(2)(b).

Confiscation of Alcohol (Young Persons) Act 1997 (c. 33)Section 1(5).
Police (Health and Safety) Act 1997 (c. 42)In section 5(3), in the definition of “relevant authority” paragraphs (c) and (d), in the definition of “relevant fund” paragraphs (b) and (c) and, in the definition of “responsible officer”, paragraph (b).
Police Act 1997 (c. 50)

Sections 1 to 87.

Sections 89 and 90.

In section 93(6), paragraphs (d) and (e).

In section 94, in subsection (1) paragraph (c) and the word “or” before it and subsections (3) and (4)(c).

In section 111, in subsection (1), paragraphs (c) and (d), in subsection (2), paragraphs (d) and (e) and, in subsection (3), paragraphs (c) and (d).

Section 113.

Section 115.

In section 125 as it applies to Scotland, subsection (3) and, in subsection (4), the words “to which subsection (3) does not apply”.

In section 137(2), paragraphs (b) and (c).

Schedules 1 to 2A.

In Schedule 9, paragraphs 1, 4 to 6, 11, 14(b), 15, 16, 20, 26, 29(2), 30(2), 31, 44, 46 to 48, 54, 58 to 62, 69, 70, 71(2)(a), (c), (d) and (3), 73, 74, 76, 77, 79 to 84, 86(3) and (4), 87, 88 and 92.

Police (Health and Safety) (Northern Ireland) Order 1997 (S.I. 1997/1774 (N.I. 6))In Article 7(3), in the definition of “the relevant authority”, sub-paragraph (b), in the definition of “the relevant fund”, sub-paragraph (a) and, in the definition of “the responsible officer”, sub-paragraph (b).
Police (Northern Ireland) Act 1998 (c. 32)

Section 27(1)(b).

In section 42, in subsection (1) “, (3)”, and subsection (7).

In Schedule 4, paragraph 22.

Crime and Disorder Act 1998 (c. 37)

In section 1C, subsections (6) to (8).

Section 27(1).

Section 31(2) and (3).

Section 113.

Protection of Children Act 1999 (c. 14)Section 8.
Terrorism Act 2000 (c. 11)In Schedule 15, paragraph 5(11).
Care Standards Act 2000 (c. 14)

Section 90.

Section 102.

Section 104.

In Schedule 4, paragraph 25.

Regulation of Investigatory Powers Act 2000 (c. 23)

In section 33, in subsection (1) the words “, the National Criminal Intelligence Service or the National Crime Squad” and “, Service or Squad”, in subsection (3) the words “, the National Criminal Intelligence Service or the National Crime Squad” and (in both places) “, Service or Squad” and, in subsection (6), in paragraph (e) the words “and also of the National Criminal Intelligence Service” and paragraph (f).

In section 34, subsections (5) and (6)(c).

In section 45(6), paragraphs (d) and (e).

In section 56(1), in the definition of “chief officer of police”, paragraphs (j) and (k)

Section 75(6)(b).

In section 76A(11)(c) the words “the National Crime Squad or”.

In Schedule 1, paragraph 27D and the cross-heading before it.

In Schedule 4, paragraph 8(4)(c) and (5).

Football (Disorder) Act 2000 (c. 25)

Section 2.

In Schedule 2, paragraph 2.

Police (Northern Ireland) Act 2000 (c. 32)In Schedule 6, in paragraph 20, sub-paragraphs (4) to (7).
Freedom of Information Act 2000 (c. 36)

In section 23(3), the word “and” at the end of paragraph (k).

In Schedule 1, in Part 6, the entries relating to the National Crime Squad and the Service Authority for the National Crime Squad.

Criminal Justice and Court Services Act 2000 (c. 43)In Schedule 7, paragraph 77.
Health and Social Care Act 2001 (c. 15)Section 19.
Criminal Justice and Police Act 2001 (c. 16)

Section 42(8).

Section 47(3).

In section 104, subsection (3), in subsection (4) paragraph (c) and the word “and” before it, and subsection (8).

In section 107, subsections (1)(c) and (4).

Sections 108 to 121.

Section 138(6)(d).

In Schedule 4, paragraph 7(3)(b).

Schedule 5.

In Schedule 6, paragraphs 1 to 21, 55, 56, 60, 61 and 77.

Anti-terrorism, Crime and Security Act 2001 (c. 24)Section 39(8).
Regulation of Care (Scotland) Act 2001 (asp 8)In Schedule 3, paragraph 21.
International Development Act 2002 (c. 1)In Schedule 3, paragraphs 3(3), 11(3) and 12(3).
National Health Service Reform and Health Care Professions Act 2002 (c. 17)In Schedule 2, paragraph 64.
Proceeds of Crime Act 2002 (c. 29)

In section 313(1), paragraphs (c) and (d).

In section 330, F1... in subsection (9)(b), the words after “employment”.

F2...

F2...

F2...

In section 337(5)(b), the words after “employment”.

In section 338, subsection (1)(b) (except the word “and” at the end) and, in subsection (5)(b), the words after “employment”.

Section 339(5) and (6).

In section 447(3)(a), the word “or” at the end.

In Schedule 11, paragraphs F3... 14(4), 30(3) and (4) and 34(3) and (4).

Police Reform Act 2002 (c. 30)

Section 8.

In section 9(3)(e) the words “is or”.

In section 10, in subsection (1), at the end of paragraph (e) the word “and”, in paragraph (f) the words “the National Criminal Intelligence Service, the National Crime Squad and”, in subsection (3), paragraph (a) and, in paragraph (d), the words “the National Criminal Intelligence Service, the National Crime Squad or” and, in subsection (7), the word “or” at the end of paragraph (a).

In section 15(6), the words from “or, as the case may be” to the end of the subsection.

Section 25.

In section 38, subsection (3), in subsection (4) the words “or a Director General” and, in subsection (7), the words “or of a Service Authority”.

Section 42(4) and (8).

In section 45, in subsection (1) the words “and by Directors General”, in subsection (3) paragraphs (a), (b), (d) and (e) and, in subsection (5), the words “or a Director General”.

In section 47(1), the definitions of “Director General” and “Service Authority”.

Section 48.

Section 49(1).

In section 82, subsection (1)(c) and (f), in subsection (2), paragraph (c) and the word “or” before it, subsection (3)(d) and subsection (5).

Sections 85 to 91.

Section 93.

In section 102, in subsection (2), paragraphs (c) and (d) and, in subsection (5), paragraphs (b) and (c).

In section 103, subsections (2) and (3) and, in subsection (6), the words “, the NCIS service fund or the NCS service fund,”.

Section 108(7)(e).

Schedule 1.

In Schedule 4, paragraph 2(5)(a) and (7), and in paragraph 36(1), paragraph (b) and the word “and” before it.

In Schedule 5, in paragraph 1(2)(aa), the words “except in respect of an offence under section 12 of the Licensing Act 1872 or section 91 of the Criminal Justice Act 1967”.

Schedule 6.

In Schedule 7, paragraphs 16, 17, 19(2) and (3), 21 and 22(2).

Education Act 2002 (c. 32)

Part 2 of Schedule 12.

In Schedule 13, paragraphs 7 and 8.

In Schedule 21, paragraphs 72 and 73.

Adoption and Children Act 2002 (c. 38)

Section 135.

In Schedule 3, paragraph 93.

Licensing Act 2003 (c. 17)In Schedule 6, paragraphs 93 and 116.
Aviation (Offences) Act 2003 (c. 19)Section 1(1).
Communications Act 2003 (c. 21)Section 181(1).
Crime (International Co-operation) Act 2003 (c. 32)

In section 17(3), the words “the Police and Criminal Evidence Act 1984 (c. 60) or (as the case may be)”.

Section 85.

Anti-social Behaviour Act 2003 (c. 38)

Section 4(5).

Section 23(5).

Section 32(3).

Section 37(3).

Courts Act 2003 (c. 39)In Schedule 8, paragraphs 12 and 281(2).
Sexual Offences Act 2003 (c. 42)In Schedule 6, paragraph 28(3) and (4).
Criminal Justice Act 2003 (c. 44)

Section 3.

In Schedule 35, paragraphs 3 and 4.

Protection of Children (Scotland) Act 2003 (asp 5)Section 12.
Criminal Justice (Scotland) Act 2003 (asp 7)Section 70(3).
Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (S.I. 2003/417 (N.I. 4))

Article 17(4) to (6).

Article 47(3) to (5).

Energy Act 2004 (c. 20)

In section 59(3), in the definition of “chief officer”, paragraphs (c) and (d) and, in the definition of “relevant force”, paragraphs (c) and (d).

In Schedule 14, paragraph 11(b).

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

Section 10(1).

In Schedule 10, paragraph 24.

Hunting Act 2004 (c. 37)Section 7.
Prevention of Terrorism Act 2005 (c. 2)Section 9(9).
Serious Organised Crime and Police Act 2005 (c. 15)

Section 112(6) and (7).

Section 126(2) and (3).

Section 130(1).

Section 136(5).

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