F1 SCHEDULE 1 Appointment of Members of the Service Authorities
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F1 SCHEDULE 2 Other Provisions about Members of Service Authorities
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F1 SCHEDULE 2A Further provisions about Service Authorities
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F2SCHEDULE 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Decisions of Service Authority
1
(1)
Where an order under section 17 requires the NCIS Service Authority to determine the total amount of the levies which it proposes to issue under that section for any financial year, that determination shall not be made except by a decision which—
(a)
is made only by independent members and police authority members of the NCIS Service Authority, and
(b)
complies with sub-paragraphs (2) and (3).
(2)
A decision complies with this sub-paragraph only if a majority of the members making the decision (whether or not approving it) are police authority members of the Authority.
(3)
A decision complies with this sub-paragraph only if the members approving it include more than half of the independent members and more than half of the police authority members of the Authority at the time of the decision.
(4)
Before making such a determination as is mentioned in sub-paragraph (1) in respect of any financial year, the independent members and police authority members of the Authority shall take account of—
(a)
the expenditure which the Director General of NCIS estimates will be incurred in connection with NCIS in the year,
(b)
any income which it is estimated will be received by way of charges imposed by the Authority under section 19, or otherwise, in the year,
(c)
the financial reserves of the Authority and the reserves which it estimates it will be appropriate to raise in the year for meeting its estimated future expenditure,
(d)
the current and proposed level of borrowing of the Authority,
(e)
the views of all members of the Authority, and
(f)
such other matters as may be prescribed.
(5)
In this paragraph “independent members” means members of the Authority appointed by the Secretary of State under paragraph 2 or 8(1)(a) of Schedule 1.
(6)
In this paragraph “police authority members” means members appointed—
(a)
by the local authority members of police authorities for areas in England and Wales (as defined by paragraph 14 of Schedule 1), F3. . .
(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Approval by Secretary of State
2
(1)
Subject to paragraph 3, a levy shall not be issued by the NCIS Service Authority under section 17 in respect of a financial year, unless the Secretary of State has notified the Authority in writing that he approves the total amount of the levies the Authority proposes to issue for that year.
(2)
Where the Secretary of State gives an approval under sub-paragraph (1), levies shall not be issued by the Authority in respect of the financial year concerned in excess of the amount so approved.
(3)
Before deciding whether to give an approval under sub-paragraph (1), the Secretary of State shall consult—
(a)
persons whom he considers to represent the interests of chief officers of police of police forces in England and Wales, and
(b)
persons whom he considers to represent the interests of police authorities for areas in England and Wales.
(4)
The Secretary of State shall give a copy of any notice sent to the NCIS Service Authority under sub-paragraph (1) to—
(a)
each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and
(b)
the F4Metropolitan Police Authority.
Directions
3
(1)
Where the Secretary of State does not approve, under paragraph 2, the total amount of the levies the NCIS Service Authority proposes to issue for a financial year—
(a)
he shall notify the Authority of his decision, and
(b)
he may direct the Authority to issue such levies under section 17 for that year as he considers appropriate.
(2)
Where the NCIS Service Authority does not, within the prescribed period, make a determination of the total amount of levies it proposes to issue under section 17 in respect of a financial year, the Secretary of State may direct the Authority to issue, under that section, such levies as he considers appropriate.
(3)
The NCIS Service Authority shall provide the Secretary of State with such information as he may require to enable him to give a direction under this paragraph.
(4)
Before giving a direction under this paragraph, the Secretary of State may take into account any matter he considers relevant.
(5)
A direction under this paragraph shall be in writing.
(6)
The Secretary of State shall send a copy of any direction under this paragraph to—
(a)
each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and
(b)
the F5Metropolitan Police Authority.
Notices
4
(1)
The NCIS Service Authority shall, within the prescribed period, give notice of any levy to be issued under section 17 to—
(a)
the Secretary of State,
(b)
each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and
(c)
the F6Metropolitan Police Authority.
(2)
A notice under this paragraph shall contain such information as may be prescribed.
Interpretation
5
In this Schedule “prescribed” means prescribed by an order under section 17.
F7SCHEDULE 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8SCHEDULE 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Decisions of Service Authority
1
(1)
Where an order under section 62 requires the NCS Service Authority to determine the total amount of the levies which it proposes to issue under that section for any financial year, that determination shall not be made except by a decision which—
(a)
is made only by independent members and police authority members of the Authority, and
(b)
complies with sub-paragraphs (2) and (3).
(2)
A decision complies with this sub-paragraph only if a majority of the members making the decision (whether or not approving it) are police authority members of the Authority.
(3)
A decision complies with this sub-paragraph only if the members approving it include more than half of the independent members and more than half of the police authority members of the Authority at the time of the decision.
(4)
Before making such a determination as is mentioned in sub-paragraph (1) in respect of any financial year, the independent members and police authority members of the Authority shall take account of—
(a)
the expenditure which the Director General of the National Crime Squad estimates will be incurred in connection with the Squad in the year,
(b)
any income which it is estimated will be received by way of charges imposed by the NCS Service Authority under section 64, or otherwise, in the year,
(c)
the financial reserves of the Authority and the reserves which it estimates it will be appropriate to raise in the year for meeting its estimated future expenditure,
(d)
the current and proposed level of borrowing of the Authority,
(e)
the views of all members of the Authority, and
(f)
such other matters as may be prescribed.
(5)
In this paragraph “independent members” means members of the Authority appointed by the Secretary of State under paragraph 2 or 10(1)(a) of Schedule 1.
(6)
In this paragraph “police authority members” means members appointed—
(a)
by the local authority members of police authorities for areas in England and Wales (as defined by paragraph 14 of Schedule 1), F9. . .
(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Approval by Secretary of State
2
(1)
Subject to paragraph 3, a levy shall not be issued by the NCS Service Authority under section 62 in respect of a financial year, unless the Secretary of State has notified the Authority in writing that he approves the total amount of the levies the Authority proposes to issue for that year.
(2)
Where the Secretary of State gives an approval under sub-paragraph (1), levies shall not be issued by the Authority in respect of the financial year concerned in excess of the amount so approved.
(3)
Before deciding whether to give an approval under sub-paragraph (1), the Secretary of State shall consult—
(a)
persons whom he considers to represent the interests of chief officers of police of police forces in England and Wales, and
(b)
persons whom he considers to represent the interests of police authorities for areas in England and Wales.
(4)
The Secretary of State shall give a copy of any notice sent to the Authority under sub-paragraph (1) to—
(a)
each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and
(b)
the F10Metropolitan Police Authority.
Directions
3
(1)
Where the Secretary of State does not approve, under paragraph 2, the total amount of the levies the Authority proposes to issue for a financial year—
(a)
he shall notify the Authority of his decision, and
(b)
he may direct the Authority to issue such levies under section 62 for that year as he considers appropriate.
(2)
Where the NCS Service Authority does not, within the prescribed period, make a determination of the total amount of levies it proposes to issue under section 62 in respect of a financial year, the Secretary of State may direct the Authority to issue, under that section, such levies as he considers appropriate.
(3)
The Authority shall provide the Secretary of State with such information as he may require to enable him to give a direction under this paragraph.
(4)
Before giving a direction under this paragraph, the Secretary of State may take into account any matter he considers relevant.
(5)
A direction under this paragraph shall be in writing.
(6)
The Secretary of State shall send a copy of any direction under this paragraph to—
(a)
each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and
(b)
the F11Metropolitan Police Authority.
Notices
4
(1)
The NCS Service Authority shall, within the prescribed period, give notice of any levy to be issued under section 62 to—
(a)
the Secretary of State,
(b)
each police authority for an area in England and Wales (other than the authority for the metropolitan police district), and
(c)
the F12Metropolitan Police Authority.
(2)
A notice under this paragraph shall contain such information as may be prescribed.
Interpretation
5
In this Schedule “prescribed” means prescribed by an order under section 62.
SCHEDULE 6 Application to NCS Service Authority of Local Government Enactments
Local Government Act 1972 (c. 70)
1
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
(1)
Section 107 (application to police authorities of provisions relating to the discharge of functions by local authorities) shall be amended as follows.
(2)
In subsection (7) for “(a) and (b)” there shall be substituted “
(a), (aa) and (b)
”
.
(3)
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
(1)
Section 146A (application to police authorities of miscellaneous powers of local authorities) shall be amended as follows.
(2)
In subsection (1)—
(a)
for “subsection (1A)” there shall be substituted “
subsections (1A) and (1AA)
”
, and
(b)
for “shall be” there shall be substituted “
and the Service Authority for the National Crime Squad shall each be
”
.
(3)
In subsection (1A)—
(a)
for “A” there shall be substituted “
Neither a
”
,
(b)
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
the word “not” shall be omitted.
(4)
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
In section 223 (appearance of local authorities in legal proceedings), in subsection (2), after “1996” there shall be inserted “
and the Service Authority for the National Crime Squad
”
.
8
F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government Act 1974 (c. 7)
11
F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
12
F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government, Planning and Land Act 1980 (c. 65)
14
F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16
F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
17
F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18
F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government Finance Act 1982 (c. 32)
F3019
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F3120
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F3221
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F3322
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Local Government Act 1986 (c. 10)
23
F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24
F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government Act 1988 (c. 9)
25
F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26
F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government Finance Act 1988 (c. 41)
27
F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28
F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government and Housing Act 1989 (c. 42)
29
In section 21 of the Local Government and Housing Act 1989, in subsection (1) (definition of local authority for purposes of various provisions relating to their members, officers, staff and committees etc.), in paragraph (g), after “1996” there shall be inserted “
or the Service Authority for the National Crime Squad
”
.
30
F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31
F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
32
F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43SCHEDULE 7
Investigation
1
Where a Commissioner appointed under section 91(1)(b) is required by virtue of section 102 to investigate a complaint, he shall investigate whether an authorisation was given under section 93 in relation to the doing of the act or acts in question in relation to the property concerned (“a relevant authorisation”).
2
(1)
In a case where the Commissioner determines that a relevant authorisation was given he shall, if sub-paragraph (2), (3) or (4) applies, make a determination in favour of the complainant.
(2)
This sub-paragraph applies if the Commissioner is satisfied that there were, at the time the relevant authorisation was given or renewed, no reasonable grounds for believing the matters specified in section 93(2).
(3)
This sub-paragraph applies where section 97 did not apply to the relevant authorisation or its renewal, but the Commissioner is satisfied as mentioned in section 103(2).
(4)
This sub-paragraph applies if the Commissioner is satisfied that anything has been done in relation to any property of the complainant in pursuance of the relevant authorisation (other than by virtue of section 103(6) or section 104(7)) at a time when there were no reasonable grounds for believing the matters specified in section 93(2).
Report of conclusions
3
(1)
If the Commissioner makes a determination in favour of the complainant under paragraph 2, he shall—
(a)
give notice to the complainant that he has done so, and
(b)
make a report of his findings to the authorising officer who gave the authorisation, or in whose absence it was given, and to the Chief Commissioner.
(2)
In any other case, the Commissioner shall give notice to the complainant that no determination in his favour has been made on the complaint.
(3)
Subject to sub-paragraph (1)(b), the Commissioner shall not give any reasons for the making of, or any refusal to make, a determination in favour of the complainant.
4
Where—
(a)
the Chief Commissioner receives a report of the Commissioner’s findings under paragraph 3(1)(b), and
(b)
no appeal is made against the determination in favour of the complainant,
the Chief Commissioner shall, under section 107(2), make a report of those findings to the Prime Minister F44and to the Scottish Ministers.
Remedies
5
(1)
Where the Commissioner gives a complainant notice that a determination in his favour has been made on the complaint, he may (whether or not he has exercised, or intends to exercise, any of the powers under section 103) direct the authorising officer who gave the authorisation, or in whose absence it was given, to pay the complainant such sum by way of compensation as may be specified in the direction.
(2)
Where a direction to pay compensation has been made under sub-paragraph (1), it shall not become operative until—
(a)
the period for appealing against the determination in favour of the complainant has expired, and
(b)
where such an appeal is made, a decision dismissing it has been made by the Chief Commissioner.
6
Any compensation which the Commissioner directs the authorising officer to pay under paragraph 5 shall be paid—
(a)
in the case of an authorising officer within paragraph (a), (b) or (c) of subsection (5) of section 93, out of the police fund,
(b)
in the case of an authorising officer within paragraph (d) of that subsection, by the police authority or, as the case may be, the joint police board (within the meaning of the M1Police (Scotland) Act 1967),
(c)
in the case of an authorising officer within paragraph (e) of that subsection, by the Police Authority for Northern Ireland,
(d)
in the case of an authorising officer within paragraph (f) or (g) of that subsection, out of the appropriate service fund established under section 16 or 61, and
(e)
in the case of an authorising officer within paragraph (h) of section 93(5), by the Commissioners of Customs and Excise.
Interpretation
7
The references in this Schedule to the authorising officer who gave the authorisation or in whose absence it was given shall, in the case of an authorisation given by or in the absence of a person within paragraph (b) or (e) of section 93(5), be construed as references to the Commissioner of Police or, as the case may be, the Chief Constable mentioned in the paragraph concerned.
F45SCHEDULE 8 The Police Information Technology Organisation
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F46SCHEDULE 8AOFFENCES WHICH MUST ALWAYS BE DISCLOSED
Common law offences
1.
Abduction.
2.
Abortion.
3.
Assault to severe injury.
4.
Assault with intent to rape or ravish.
5.
Assault with intent to commit the statutory offence of rape.
6.
Bestiality.
7.
Cruel and unnatural treatment of persons.
8.
Culpable homicide.
9.
Drugging.
10.
Extortion.
11.
Hamesucken.
12.
Hijacking.
13.
Piracy.
14.
Plagium.
15.
Reset of plagium.
16.
Treason.
17.
Uttering threats.
Statutory offences
Armed forces
18.
An offence under section 42 of the Armed Forces Act 2006 (criminal conduct) where the corresponding offence under the law of England and Wales is, or corresponds to, an offence listed in this Schedule.
Aviation and maritime
19.
An offence under the Piracy Act 1837.
20.
An offence under any of the following provisions of the Aviation Security Act 1982—
(a)
section 1 (hijacking);
(b)
section 2 (destroying, damaging or endangering safety of aircraft);
(c)
section 3 (other acts endangering or likely to endanger safety of aircraft); and
(d)
section 4 (offences in relation to certain dangerous articles).
21.
An offence under section 9 of the Aviation and Maritime Security Act 1990 (hijacking of ships).
22.
An offence under article 241 of the Air Navigation Order 2009 in respect of a contravention of article 137 of that Order (endangering safety of aircraft).
Children
23.
An offence under section 12 of the Children and Young Persons (Scotland) Act 1937 (cruelty to persons under 16).
24.
An offence under section 6 of the Child Abduction Act 1984 (offence in Scotland of parent, etc. taking or sending child out of United Kingdom).
Explosives
25.
An offence under the Explosive Substances Act 1883.
Firearms and other weapons
26.
An offence under any of the following provisions of the Firearms Act 1968—
(a)
section 16 (possession of firearm with intent to injure);
(b)
section 16A (possession of firearm with intent to cause fear or violence);
(c)
section 17 (use of firearm to resist arrest); and
(d)
section 18 (carrying firearm with criminal intent).
27.
An offence under the Chemical Weapons Act 1996.
Forced marriage
28.
An offence under section 22 of the Anti-social Behaviour, Crime and Policing Act 2014 (offence of forced marriage: Scotland).
Human trafficking and exploitation
29.
An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc.).
30.
An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation).
31.
An offence under section 47 of the Criminal Justice and Licensing (Scotland) Act 2010 (slavery, servitude and forced or compulsory labour).
32.
An offence under the Prohibition of Female Genital Mutilation (Scotland) Act 2005.
Medical professions etc.
33.
An offence under section 10Z9 of the National Health Service (Scotland) Act 1978 (offences in relation to registration).
34.
An offence under section 49 of the Medical Act 1983 (penalty for pretending to be registered).
Serious organised crime
35.
An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—
(a)
section 28 (involvement in serious organised crime);
(b)
section 30 (directing serious organised crime); and
(c)
section 31 (failure to report serious organised crime).
Sexual offences
36.
An offence under section 50(3) of the Customs and Excise Management Act 1979 (penalty for improper importation of goods) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876, but only where the prohibited goods include indecent photographs of persons.
37.
A sexual offence within the meaning given by section 210A(10) of the Criminal Procedure (Scotland) Act 1995 other than an offence mentioned in paragraph (xxvii)(ZF) or (ZG) of that section (engaging while an older child in sexual conduct with or towards another older child).
38.
An offence under section 113 of the Sexual Offences Act 2003 (breach of sexual offences prevention order or interim sexual offences prevention order, etc.).
39.
An offence under section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (offence: breach of RSHO or interim RSHO etc.).
Stalking and harassment
40.
An offence under section 50A of the Criminal Law (Consolidation) (Scotland) Act 1995 (racially aggravated harassment).
41.
An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—
(a)
section 38 (threatening or abusive behaviour); and
(b)
section 39 (offence of stalking).
Terrorism
42.
An offence under any of the following provisions of the Terrorism Act 2000—
(a)
section 11 (membership);
(b)
section 15 (fund-raising);
(c)
section 16 (use and possession);
(d)
section 17 (funding arrangements);
(e)
section 17A(2) or (4) (insurance payments made in response to terrorist demands);
(f)
section 18 (money laundering);
(g)
section 54 (weapons training);
(h)
section 56 (directing terrorist organisation);
(i)
section 57 (possession for terrorist purposes);
(j)
section 58 (collection of information);
(k)
section 58A (eliciting, publishing or communicating); and
(l)
section 61 (inciting terrorism overseas).
43.
An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—
(a)
section 47 (use etc. of nuclear weapons);
(b)
section 50 (assisting or inducing certain weapons-related acts overseas);
(c)
section 52 (powers of entry);
(d)
section 54 (offences);
(e)
section 67 (offences);
(f)
section 79 (prohibition of disclosures relating to nuclear security);
(g)
section 80 (prohibition of disclosures of uranium enrichment technology);
(h)
section 113 (use of noxious substances or things to cause harm and intimidate);
(i)
section 114 (hoaxes involving noxious substances or things); and
(j)
paragraph 7 of Schedule 3 (offences).
44.
An offence under the Terrorism Act 2006.
45.
An offence under any of the following provisions of the Counter-Terrorism Act 2008—
(a)
section 54 (offences relating to notification);
(b)
paragraph 15 of Schedule 5 (breach of foreign travel restriction order and offence); and
(c)
paragraph 30 of Schedule 7 (offences: failure to comply with requirement imposed by direction).
Violent offender orders
46.
An offence under section 113(1) of the Criminal Justice and Immigration Act 2008 (breach of violent offender order or interim violent offender order).
Vulnerable persons
47.
An offence under section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (ill-treatment and wilful neglect of mentally disordered person).
48.
An offence under any of the following provisions of the Protection of Vulnerable Groups (Scotland) Act 2007—
(a)
section 34 (barred individuals not to do regulated work);
(b)
section 35 (organisations not to use barred individuals for regulated work); and
(c)
section 36 (personnel suppliers not to supply barred individuals for regulated work).
49.
Any offence where the conduct in respect of which the person was convicted also constituted a breach of a banning order granted under section 19 of the Adult Support and Protection (Scotland) Act 2007 (banning orders).
Witness protection
50.
An offence under any of the following provisions of the Serious Organised Crime and Police Act 2005—
(a)
section 86 (offence of disclosing information about protection arrangements); and
(b)
section 88 (offences of disclosing information relating to persons assuming new identity).
Statutory aggravations
51.
An offence to which section 29(1) of the Criminal Justice and Licensing (Scotland) Act 2010 applies (offences aggravated by connection with serious organised crime).
Other
Inchoate offences
52.
An offence committed by aiding, abetting, counselling, procuring or inciting the commission of any offence listed in paragraphs 1 to 51 of this Schedule.
53.
An offence committed by attempting or conspiring to commit any offence listed in paragraphs 1 to 51 of this Schedule.
Superseded offences
54.
An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 53 of this Schedule (and any qualification in relation to a listed offence applies to the superseded offence as it applies to the listed offence).
Combined offences
55.
An offence which was charged, and the conviction for which was received, in conjunction with any offence listed in paragraphs 1 to 54 of this Schedule.
Corresponding offences elsewhere in the UK or abroad
56.
An offence under the law of England and Wales or Northern Ireland, or any country or territory outside the United Kingdom, which corresponds to any offence listed in paragraphs 1 to 55 of this Schedule.
SCHEDULE 8BOFFENCES WHICH ARE TO BE DISCLOSED SUBJECT TO RULES
Common law offences
1.
Assault excluding any assault of a kind listed in Schedule 8A.
2.
Attempting to defeat the ends of justice.
3.
Attempting to pervert the course of justice.
4.
Breach of the peace.
5.
Clandestinely taking possession.
6.
Culpable and reckless conduct.
7.
Culpable and reckless endangering of the public.
8.
Culpable and reckless fireraising.
9.
Embezzlement.
10.
False accusation of a crime.
11.
Fraud.
12.
Housebreaking with intent to steal.
13.
Mobbing and rioting.
14.
Opening a lockfast place with intent to steal.
15.
Perjury.
16.
Prevarication on oath.
17.
Prison breaking.
18.
Public indecency.
19.
Reset (excluding reset of plagium).
20.
Subornation of perjury.
21.
Theft (excluding plagium).
22.
Uttering.
23.
Wilful fireraising.
Statutory offences
Adult support and protection
24.
An offence under section 49 of the Adult Support and Protection (Scotland) Act 2007 (obstruction).
Adults with incapacity
25.
An offence under section 83 of the Adults with Incapacity (Scotland) Act 2000 (offence of ill-treatment and wilful neglect).
Animals
26.
An offence under the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974.
27.
An offence under any of the following provisions of the Wildlife and Countryside Act 1981—
(a)
section 1 (protection of wild birds, their nests and eggs and prevention of poaching);
(b)
section 5 (prohibition of certain methods of killing or taking wild birds);
(c)
section 9 (protection of other wild animals and prevention of poaching);
(d)
section 11 (prohibition of certain methods of killing or taking wild animals);
(e)
section 11A, 11B and 11C (offences in relation to snares);
(f)
section 14ZC (prohibition on keeping etc. of invasive animals or plants);
(g)
section 15A (possession of pesticides); and
(h)
section 18 (attempts to commit offences etc.), but only in relation to an offence listed in sub-paragraphs (a) to (g) of this paragraph.
28.
An offence under the Dangerous Dogs Act 1991.
29.
An offence under the Protection of Badgers Act 1992.
30.
An offence under any of the following provisions of the Conservation (Natural Habitats, &c.) Regulations 1994—
(a)
regulation 39 (protection of certain wild animals); and
(b)
regulation 41 (prohibition of certain methods of taking or killing wild animals).
31.
An offence under the Welfare of Animals (Slaughter or Killing) Regulations 1995.
32.
An offence under the Wild Mammals Protection Act 1996.
33.
An offence under the Protection of Wild Mammals (Scotland) Act 2002.
34.
An offence under the Animal Health and Welfare (Scotland) Act 2006.
Armed forces
35.
An offence under section 42 of the Armed Forces Act 2006 (criminal conduct) where the corresponding offence under the law of England and Wales is, or corresponds to, an offence listed in this Schedule.
Assaulting or hindering public officials
36.
An offence under section 89 of the Police Act 1996 (assaults on constables).
37.
An offence under section 32 of the Commissioners for Revenue and Customs Act 2005 (assault).
38.
An offence under the Emergency Workers (Scotland) Act 2005.
39.
An offence under section 85 of the Fire (Scotland) Act 2005 (false alarms).
40.
An offence under section 90 of the Police and Fire Reform (Scotland) Act 2012 (assaulting or impeding police).
Aviation
41.
An offence under any of the following provisions of the Aviation Security Act 1982—
(a)
section 20B (detention direction); and
(b)
section 21FA (air cargo agents: documents).
Bomb hoaxes
42.
An offence under section 51 of the Criminal Law Act 1977 (bomb hoaxes).
Bribery
43.
An offence under the Bribery Act 2010.
Care services
44.
An offence under any of the following provisions of the Regulation of Care (Scotland) Act 2001—
(a)
section 45 (application for registration under Part 3); and
(b)
section 52 (use of title “social worker” etc.).
45.
An offence under any of the following provisions of the Public Services Reform (Scotland) Act 2010—
(a)
section 80(1) (offences in relation to registration under Chapter 3);
(b)
section 81 (false statements in application under Chapter 3); and
(c)
section 90 (offences under Chapter 4).
46.
An offence under article 27 of the Public Services Reform (General Teaching Council for Scotland) Order 2011 (offences).
47.
An offence under regulation 19 of the Social Care and Social Work Improvement (Scotland) (Requirements for Care Services) Regulations 2011 (offences).
Charities
48.
An offence under the Charities and Trustee Investment (Scotland) Act 2005.
Child Support
49.
An offence under section 50 of the Child Support Act 1991 (unauthorised disclosure of information).
Crossbows
50.
An offence under section 1 of the Crossbows Act 1987 (sale and letting on hire).
Domestic abuse
51.
An offence under section 2 of the Domestic Abuse (Scotland) Act 2011 (breach of domestic abuse interdict with power of arrest).
Drugs
52.
An offence under any of the following provisions of the Misuse of Drugs Act 1971—
(a)
section 3 (restriction of importation and exportation of controlled drugs);
(b)
section 4 (restriction of production and supply of controlled drugs);
(c)
section 4A (aggravation of offence of supply of controlled drug);
(d)
section 5(3) (restriction of possession of controlled drugs);
(e)
section 6 (restriction of cultivation of cannabis plant);
(f)
section 8(a) and (b) (occupiers etc. of premises to be punishable for certain activities taking place there);
(g)
section 12 (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners etc. convicted of certain offences);
(h)
section 13 (directions prohibiting prescribing, supply etc. of controlled drugs by practitioners in other cases);
(i)
section 17 (power to obtain information from doctors, pharmacists etc. in certain circumstances);
(j)
section 19 (attempts etc. to commit offences), but only in relation to an offence listed in sub-paragraphs (a) to (i) of this paragraph; and
(k)
section 20 (assisting in or inducing commission outside United Kingdom of offence punishable under corresponding law).
53.
An offence under section 50(3) (penalty for improper importation of goods) or section 170 (fraudulent evasion of duty) of the Customs and Excise Management Act 1979 in relation to goods prohibited to be imported under section 3(1) of the Misuse of Drugs Act 1971 (restriction of importation and exportation of controlled drugs).
54.
An offence under the Criminal Justice (International Co-operation) Act 1990.
Escape from custody etc.
55.
An offence under section 316 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (inducing and assisting absconding etc.).
56.
An offence under section 91 of the Police and Fire Reform (Scotland) Act 2012 (escape from custody).
Financial Services
57.
An offence under the Financial Services and Markets Act 2000.
58.
An offence under the Financial Services Act 2012.
Fire safety
59.
An offence under section 72(1) or (3) of the Fire (Scotland) Act 2005 (offences).
Firearms
60.
An offence under the Firearms Act 1968, except an offence under any of the following provisions—
(a)
section 16 (possession of firearm with intent to injure);
(b)
section 16A (possession of firearm with intent to cause fear or violence);
(c)
section 17 (use of firearm to resist arrest); and
(d)
section 18 (carrying firearm with criminal intent).
61.
An offence under section 50(5) of the Civic Government (Scotland) Act 1982 (drunk in possession of firearm).
62.
An offence under the Firearms (Amendment) Act 1997.
63.
An offence under any of the following provisions of the Violent Crime Reduction Act 2006—
(a)
section 28 (using someone to mind a weapon);
(b)
section 32 (sales of air weapons by way of trade or business to be face to face);
(c)
section 35 (restriction on sale and purchase of primers); and
(d)
section 36 (manufacture, import and sale of realistic imitation firearms).
Food safety and standards
64.
An offence under any of the following provisions of the Food Safety Act 1990—
(a)
section 7 (rendering food injurious to health); and
(b)
section 9 (inspection and seizure of suspected food).
65.
An offence under regulation 4(b) of the General Food Regulations 2004.
Forced marriage
66.
An offence under section 9 of the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011 (offence of breaching order).
Fraud and forgery
67.
An offence under the Forgery and Counterfeiting Act 1981.
68.
An offence under section 46A of the Criminal Law (Consolidation) (Scotland) Act 1995 (false monetary instruments).
69.
An offence under section 49 of the Criminal Justice and Licensing (Scotland) Act 2010 (articles for use in fraud).
70.
An offence under section 92 of the Police and Fire Reform (Scotland) Act 2012 (impersonation etc.).
Harassment
71.
An offence under section 234A of the Criminal Procedure (Scotland) Act 1995 (non-harassment orders).
72.
An offence under section 9 of the Protection from Harassment Act 1997 (breach of non-harassment order).
Immigration, etc.
73.
An offence under any of the following provisions of the Immigration Act 1971—
(a)
section 24 (illegal entry and similar offences);
(b)
section 24A (deception);
(c)
section 25 (assisting unlawful immigration to member State);
(d)
section 25A (helping asylum-seeker to enter United Kingdom);
(e)
section 25B (assisting entry to United Kingdom in breach of deportation or exclusion order);
(f)
section 26 (general offences in connection with administration of Act);
(g)
section 26A (registration card);
(h)
section 26B (possession of immigration stamp); and
(i)
section 27 (offences by captains, owners or agents of ships or aircraft).
74.
An offence under any of the following provisions of the Immigration and Asylum Act 1999—
(a)
section 105 (false representations);
(b)
section 106 (dishonest representations);
(c)
any of the following paragraphs of Schedule 11—
(i)
paragraph 1 (obtaining certificates of authorisation by false pretences);
(ii)
paragraph 4 (assaulting a detainee custody officer); and
(iii)
paragraph 5 (obstructing detainee custody officer); and
(d)
any of the following paragraphs of Schedule 12—
(i)
paragraph 3 (failure to submit to a medical examination);
(ii)
paragraph 4 (assisting detained persons to escape);
(iii)
paragraph 5 (bringing alcohol into a detention centre); and
(iv)
paragraph 6 (conveying articles into or out of a detention centre).
75.
An offence under section 35 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (deportation or removal: cooperation).
76.
An offence under section 21 of the Immigration, Asylum and Nationality Act 2006 (offence).
Insolvency
77.
An offence under any of the following provisions of the Insolvency Act 1986—
(a)
section 131 (company’s statement of affairs);
(b)
section 206 (fraud, etc. in anticipation of winding up);
(c)
section 208 (misconduct in course of winding up);
(d)
section 216 (restriction on re-use of company names); and
(e)
section 235 (duty to co-operate with office-holder).
Landmines
78.
An offence under section 2 of the Landmines Act 1998 (prohibited conduct).
Medicines
79.
An offence under any of the following provisions of the Medicines Act 1968—
(a)
section 45 (offences under Part II), but only in relation to a contravention of section 7(2) (general provisions as to dealing with medicinal products); and
(b)
section 67 (offences under Part III).
80.
An offence under any of the following provisions of the Human Medicines Regulations 2012—
(a)
regulation 34(1) (offences: breach of regulations and false information and defence concerning starting materials); and
(b)
regulation 255(1)(a), (b), (c) or (d) (offences relating to dealings with medicinal products).
Mental health
81.
An offence under section 318 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (false statements).
Neglect of duty
82.
An offence under Part 4 (shipping: alcohol and drugs) or Part 5 (aviation: alcohol and drugs) of the Railways and Transport Safety Act 2003.
83.
An offence under section 22 of the Police and Fire Reform (Scotland) Act 2012 (failure to perform duty).
Obscene material etc.
84.
An offence under section 1(1) of the Indecent Displays Act 1981 (indecent displays).
85.
An offence under any of the following provisions of the Civic Government (Scotland) Act 1982 —
(a)
section 51 (obscene material);
(b)
section 51A (extreme pornography); and
(c)
paragraph 19(3) of Schedule 2 (enforcement).
86.
An offence under section 85(3) of the Postal Services Act 2000 (prohibition on sending certain articles by post).
87.
An offence under section 127(1) of the Communications Act 2003 (improper use of public electronic communications network).
Offences in relation to children
88.
An offence under any of the following provisions of the Children and Young Persons (Scotland) Act 1937—
(a)
section 15 (causing or allowing persons under 16 to be used for begging);
(b)
section 22 (exposing children under seven to risk of burning);
(c)
section 31(1) (penalties and legal proceedings in respect of general provisions as to employment);
(d)
section 33 (prohibition of persons under sixteen taking part in performances endangering life or limb); and
(e)
section 34 (restrictions on training for performances of a dangerous nature).
89.
An offence under section 40(1) of the Children and Young Persons Act 1963 (offences).
90.
An offence under section 50(2) of the Civic Government (Scotland) Act 1982 (drunk in charge of a child).
91.
An offence under section 81 of the Children (Scotland) Act 1995 (offences in connection with orders etc. for the protection of children).
92.
An offence under any of the following provisions of the Children’s Hearings (Scotland) Act 2011—
(a)
section 59 (offences); and
(b)
section 171 (offences related to absconding).
Offensive behaviour etc.
93.
An offence under the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012.
Offensive weapons
94.
An offence under the Restriction of Offensive Weapons Act 1959.
95.
An offence under section 50(3) (penalty for improper importation of goods) or section 170 (fraudulent evasion of duty) of the Customs and Excise Management Act 1979 in relation to goods prohibited to be imported under—
(a)
section 1(2) of the Restriction of Offensive Weapons Act 1959 (penalties for offences in connection with dangerous weapons); or
(b)
section 141(4) of the Criminal Justice Act 1988 (offensive weapons).
96.
An offence under any of the following provisions of the Criminal Justice Act 1988—
(a)
section 141 (offensive weapons); and
(b)
section 141A (sale of knives and certain articles with blade or point to persons under eighteen).
97.
An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—
(a)
section 47 (prohibition of the carrying of offensive weapons);
(b)
section 48 (search for offensive weapons);
(c)
section 49 (offence of having in a public place an article with a blade or point);
(d)
section 49A (offence of having article with blade or point (or offensive weapon) on school premises);
(e)
section 49C (offence of having offensive weapon etc. in prison); and
(f)
section 50 (extension of constable’s power to stop, search and arrest without warrant).
Official Secrets Acts
98.
An offence under the Official Secrets Act 1911.
99.
An offence under the Official Secrets Act 1920.
100.
An offence under the Official Secrets Act 1989.
Prisons
101.
An offence under section 41 of the Prisons (Scotland) Act 1989 (unlawful introduction of tobacco, etc., into prison).
Proceeds of crime and money laundering
102.
An offence under any of the following provisions of the Proceeds of Crime Act 2002—
(a)
Part 7 (money laundering);
(b)
Part 8 (investigations); and
(c)
section 453A (certain offences in relation to financial investigators).
103.
An offence under the Proceeds of Crime Act 2002 (External Investigations) Order 2013.
104.
An offence under the Proceeds of Crime Act 2002 (External Investigations) (Scotland) Order 2015.
Prostitution
105.
An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—
(a)
section 7 (procuring);
(b)
section 9 (permitting girl to use premises for intercourse);
(c)
section 11 (trading in prostitution and brothel-keeping);
(d)
section 12 (allowing child to be in brothel); and
(e)
section 13(9) (living on earnings of another from male prostitution).
106.
An offence under the Prostitution (Public Places) (Scotland) Act 2007.
Public order
107.
An offence under any of the following provisions of the Public Order Act 1986—
(a)
section 1 (riot);
(b)
section 2 (violent disorder);
(c)
section 3 (affray);
(d)
section 4 (fear or provocation of violence);
(e)
section 4A (intentional harassment, alarm or distress);
(f)
section 5 (harassment alarm or distress);
(g)
section 18 (use of words or behaviour or display of written material);
(h)
section 19 (publishing or distributing written material);
(i)
section 20 (public performance of play);
(j)
section 21 (distributing, showing or playing a recording);
(k)
section 22 (broadcasting or including programme in cable programme service);
(l)
section 23 (possession of racially inflammatory material);
(m)
section 29B (use of words or behaviour or display of written material);
(n)
section 29C (publishing or distributing written material);
(o)
section 29D (public performance of play);
(p)
section 29E (distributing, showing or playing recording);
(q)
section 29F (broadcasting or including programme in programme service); and
(r)
section 29G (possession of inflammatory material).
Road traffic
108.
An offence under any of the following provisions of the Road Traffic Act 1988—
(a)
section 1 (causing death by dangerous driving);
(b)
section 1A (causing serious injury by dangerous driving);
(c)
section 2 (dangerous driving);
(d)
section 2B (causing death by careless, or inconsiderate, driving);
(e)
section 3ZB (causing death by driving: unlicensed or uninsured drivers);
(f)
section 3ZC (causing death by driving: disqualified drivers);
(g)
section 3ZD (causing serious injury by driving: disqualified drivers);
(h)
section 3A (causing death by careless driving when under influence of drink or drugs);
(i)
section 4(1) (driving, or being in charge, when under the influence of drink or drugs);
(j)
section 5(1)(a) (driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit); and
(k)
section 178 (taking motor vehicle without authority, etc.).
Sexual offences
109.
An offence under section 37(1) or (4) of the Sexual Offences (Scotland) Act 2009 (older children engaging in sexual conduct with each other).
Solicitors
110.
An offence under the Solicitors (Scotland) Act 1980.
Terrorism
111.
An offence under any of the following provisions of the Terrorism Act 2000—
(a)
section 12 (support);
(b)
section 13 (uniform);
(c)
section 19 (disclosure of information: duty);
(d)
section 21A (failure to disclose: regulated sector);
(e)
section 21D (tipping off: regulated sector);
(f)
section 36 (police powers);
(g)
section 38B (information about acts of terrorism);
(h)
section 39 (disclosure of information, &c.);
(i)
section 51 (offences);
(j)
section 116 (powers to stop and search);
(k)
paragraph 32 of Schedule 5 (urgent cases); and
(l)
paragraph 18 of Schedule 7 (offences).
112.
An offence under any of the following provisions of the Counter-Terrorism Act 2008—
(a)
section 2 (offence of obstruction);
(b)
paragraph 30A of Schedule 7 (offences: relevant person circumventing requirements); and
(c)
paragraph 31 of that Schedule (offences in connection with licences).
Vets
113.
An offence under any of the following provisions of the Veterinary Surgeons Act 1966—
(a)
section 19 (restriction of practice of veterinary surgery by unqualified persons); and
(b)
section 20 (prohibition of use of practitioners’ titles by unqualified persons).
Miscellaneous statutory offences
114.
An offence under any of the following provisions of the Civic Government (Scotland) Act 1982—
(a)
section 57 (being in or on building etc. with intent to commit theft);
(b)
section 58 (convicted thief in possession); and
(c)
section 60 (powers of search and seizure).
115.
An offence under section 22 of the Rent (Scotland) Act 1984 (unlawful eviction and harassment of occupier).
116.
An offence under section 85(1) of the Postal Services Act 2000 (prohibition on sending certain articles by post).
117.
An offence under any of the following provisions of the Serious Organised Crime and Police Act 2005—
(a)
section 67 (offences in connection with disclosure notices or search warrants);
(b)
section 129 (corresponding Scottish offence);
(c)
section 145 (interference with contractual relationships so as to harm animal research organisation); and
(d)
section 146 (intimidation of persons connected with animal research organisation).
Statutory aggravations
118.
An offence (other than an offence listed in Schedule 8A) to which either of the following provisions of the Offences (Aggravation by Prejudice) (Scotland) Act 2009 applies—
(a)
section 1(1) (prejudice relating to disability); or
(b)
section 2(1) (prejudice relating to sexual orientation or transgender identity).
Other
Inchoate offences
119.
An offence committed by aiding, abetting, counselling, procuring or inciting the commission of any offence listed in paragraphs 1 to 118 of this Schedule.
120.
An offence committed by attempting or conspiring to commit any offence listed in paragraphs 1 to 118 of this Schedule.
Superseded offences
121.
An offence superseded (whether directly or indirectly) by any offence listed in paragraphs 1 to 120 of this Schedule (and any qualification in relation to a listed offence applies to the superseded offence as it applies to the listed offence).
Combined offences
122.
An offence which was charged, and the conviction for which was received, in conjunction with any offence listed in paragraphs 1 to 121 of this Schedule.
Corresponding offences elsewhere in the UK or abroad
123.
An offence under the law of England and Wales or Northern Ireland, or any country or territory outside the United Kingdom, which corresponds to any offence listed in paragraphs 1 to 122 of this Schedule.
SCHEDULE 9 Minor and Consequential Amendments
Explosives Act 1875 (c. 17)
F471
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Civil Defence Act 1948 (c. 5)
F482
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Records Act 1958 (c. 51)
3
“Police Information Technology Organisation”.
Trustee Investments Act 1961 (c. 62)
F494
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F495
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Offices, Shops and Railway Premises Act 1963 (c. 41)
F496
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parliamentary Commissioner Act 1967 (c. 13)
F507
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police (Scotland) Act 1967 (c. 77)
8
The Police (Scotland) Act 1967 shall be amended as follows.
9
In section 27(3) (regulations as to police cadets), after “(1A),” there shall be inserted “
(2B),
”
.
10
At the end of section 28 (regulations as to standards of equipment) (which becomes subsection (1)) F51...
F5211
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5312
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
In section 38 (constables engaged on central service and certain temporary service), in subsection (3A), after “service” there shall be inserted “
, or on temporary service such as is mentioned in paragraph (ba) or (bb) of the said section 38A(1),
”
.
14
In section 38A (constables engaged on service outside their force)—
F54(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F55(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5615
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Leasehold Reform Act 1967 (c. 88)
F5716
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Expenditure and Receipts Act 1968 (c. 14)
F5817
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Firearms Act 1968 (c. 27)
18
“, or
(c)
a member of the National Criminal Intelligence Service or the National Crime Squad.”.
Post Office Act 1969 (c. 48)
F5919
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
F6020
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police Act (Northern Ireland) 1970 (c. 9 (N.I.))
F6121
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6222
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Authorities (Goods and Services) Act 1970 (c. 39)
23
F63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Superannuation Act 1972 (c. 11)
F6424
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employers’ Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (NI 6)
25
F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employment Agencies Act 1973 (c. 35)
F6626
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Juries Act 1974 (c. 23)
F6727
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
District Courts (Scotland) Act 1975 (c. 20)
28
“(aa)
any reference to a local authority includes a reference to the Service Authority for the National Criminal Intelligence Service;”.
House of Commons Disqualification Act 1975 (c. 24)
29
F68(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F69(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F70(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
30
F71(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F72(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F73(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sex Discrimination Act 1975 (c. 65)
F7431
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fair Employment (Northern Ireland) Act 1976 (c.25)
F7532
- “(aa)
in relation to a person appointed, or to an appointment falling to be made, under section 9(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service) means the Director General of the National Criminal Intelligence Service;”.
Police Pensions Act 1976 (c. 35)
33
(1)
Section 11 of the Police Pensions Act 1976 (interpretation) shall be amended as follows.
(2)
In subsection (2)—
(a)
the word “and” after paragraph (a) shall be omitted,
(b)
in paragraph (b) after “it means” there shall be inserted “, subject to paragraphs (c) to (e) below,”
, and
F76(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
In subsection (5), in the definition of “central service”—
F77(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
after “1967” there shall be inserted “or means relevant service within paragraph (ba) or (bb) of section 38A(1) of the said Act of 1967”
.
Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
34
In each of sections 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976 (licensing of drivers of private hire vehicles and hackney carriages), subsection (1A) shall be omitted.
Race Relations Act 1976 (c. 74)
F7835
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7936
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sex Discrimination (Northern Ireland) Order 1976 (NI 15)
F8037
- “(aa)
in relation to a person appointed, or to an appointment falling to be made, under section 9(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service) means the Director General of the National Criminal Intelligence Service;”.
Rent (Agriculture) Act 1976 (c. 80)
38
F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rent Act 1977 (c. 42)
39
F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Justices of the Peace Act 1979 (c. 55)
40
In section 64 of the Justices of the Peace Act 1979 (disqualification in certain cases of justices who are members of local authorities), in subsection (6) (definition of local authority), after “1996” there shall be inserted “
, the Service Authority for the National Criminal Intelligence Service, the Service Authority for the National Crime Squad
”
.
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
41
“(na)
members of the National Criminal Intelligence Service;
(nb)
members of the Service Authority for the National Criminal Intelligence Service and persons employed by that Authority under section 13 of the Police Act 1997;”.
Finance Act 1981 (c. 35)
42
F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Acquisition of Land Act 1981 (c. 67)
43
F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Stock Transfer Act 1982 (c. 41)
F8544
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
County Courts Act 1984 (c. 28)
45
F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police and Criminal Evidence Act 1984 (c. 60)
F8746
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8747
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prosecution of Offences Act 1985 (c. 23)
F8748
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Housing Act 1985 (c. 68)
49
F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Housing Associations Act 1985 (c. 69)
50
In section 106 of the Housing Associations Act 1985 (minor definitions), in subsection (1), in the definition of “local authority”, after “1996” there shall be inserted “
and the Service Authority for the National Crime Squad and the Service Authority for the National Criminal Intelligence Service
”
.
Landlord and Tenant Act 1985 (c. 70)
51
F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Landlord And Tenant Act 1987 (c. 31)
52
F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Income and Corporation Taxes Act 1988 (c.1)
53
F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dartford-Thurrock Crossing Act 1988 (c. 20)
F9254
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government Finance Act 1988 (c. 41)
55
F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56
In section 65A (which was inserted by section 3 of the M2Local Government and Rating Act 1997 and makes provision about Crown property), in subsection (4)(b) for the words from “or by a police authority” to the end there shall be substituted “
, a police authority established under section 3 of the Police Act 1996, the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad
”
.
Housing Act 1988 (c. 50)
57
In Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies), in paragraph 12 (local authority tenancies, etc.), in sub-paragraph (2)(g), after “1996” there shall be inserted “
, the Service Authority for the National Criminal Intelligence Service and the Service Authority for the National Crime Squad
”
.
Road Traffic Act 1988 (c. 52)
F9458
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9459
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Security Service Act 1989 (c. 5)
F9460
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9461
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Official Secrets Act 1989 (c. 6)
F9462
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Town and Country Planning Act 1990 (c. 8)
63
F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Aviation and Maritime Security Act 1990 (c. 31)
64
In section 22 of the Aviation and Maritime Security Act 1990 (power to require harbour authorities to promote searches in harbour areas), in subsection (4)(b)—
(a)
the words “who is a member of a body of constables maintained” shall be omitted,
(b)
at the beginning of both sub-paragraph (i) and sub-paragraph (ii) there shall be inserted “
who is a member of a body of constables maintained
”
, and
(c)
“, or
(iii)
who is a member of the National Criminal Intelligence Service within section 9(1)(a) or (b) of the Police Act 1997 or a member of the National Crime Squad within section 55(1)(a) or (b) of that Act.”.
Road Traffic Act 1991 (c. 40)
65
Section 47 of the Road Traffic Act 1991 (applications for licences to drive hackney carriages etc.) shall cease to have effect.
Local Government Finance Act 1992 (c. 14)
66
“(ca)
the Service Authority for the National Criminal Intelligence Service;
(cb)
the Service Authority for the National Crime Squad;”.
67
F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
68
F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tribunals and Inquiries Act 1992 (c.53)
F9869
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9970
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Appeals Act 1995 (c. 35)
71
(1)
Section 22 of the Criminal Appeals Act 1995 (meaning of “public body” etc.) shall be amended as follows.
(2)
In subsection (2)—
F100(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
“(b)
references to the chief officer of police—
(i)
(ii)
in relation to the National Crime Squad, are to the Director General of the Squad, and
(iii)
in relation to any other police force maintained otherwise than by a police authority, are to the chief constable,”,
F100(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F100(d)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F102(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police Act 1996 (c. 16)
72
The Police Act 1996 shall be amended as follows.
F10373
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10474
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
75
“(2)
The Secretary of State shall consult the Police Information Technology Organisation before making regulations under this section relating to information technology.
(3)
In subsection (2) “information technology” includes any computer or other technology by means of which information or other matter may be recorded or communicated without being reduced to documentary form.”.
F10576
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10677
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
78
(1)
Section 57 (common services) shall be amended as follows.
(2)
“(3A)
Regulations under this section relating to all police forces may also require the National Crime Squad to use the specified facilities or services, or the facilities or services of a specified description, if the Secretary of State considers that it would be in the interests of the efficiency or effectiveness of the Squad for the Squad to do so.”.
(3)
“, and
(c)
if the regulations relate to the National Crime Squad, the Service Authority for the National Crime Squad and the Director General of that Squad.”.
(4)
“(5)
The Secretary of State shall consult the Police Information Technology Organisation before making regulations under this section relating to information technology.
(6)
In subsection (5) “information technology” includes any computer or other technology by means of which information or other matter may be recorded or communicated without being reduced to documentary form.”.
F10779
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10780
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10781
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10782
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10783
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10784
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
85
In section 88 (liability for wrongful acts of constables), in subsection (5)(b), after “or 98” there shall be inserted “
of this Act or section 23 of the Police Act 1997
”
.
86
(1)
Section 97 (police officers engaged on service outside their force) shall be amended as follows.
(2)
“(ca)
temporary service with the National Criminal Intelligence Service on which a person is engaged with the consent of the appropriate authority;
(cb)
temporary service with the National Crime Squad on which a person is engaged with the consent of the appropriate authority;
(cc)
temporary service with the Police Information Technology Organisation on which a person is engaged with the consent of the appropriate authority;”.
F108(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F108(4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10987
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employment Rights Act 1996 (c. 18)
F11088
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Housing Grants, Construction and Regeneration Act 1996 (c. 53)
89
“(g)
a police authority established under section 3 of the Police Act 1996, the Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad;”.
F11190
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Juries (Northern Ireland) Order 1996 (NI 6)
91
“Members of the National Criminal Intelligence Service, members of the Service Authority for the National Criminal Intelligence Service and persons employed by the Authority.”.
Justices of the Peace Act 1997 (c.25)
F11392
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 10 Repeals
Chapter | Short title | Extent of repeal |
|---|---|---|
1967 c. 77. | Police (Scotland) Act 1967. | In section 39(4), the word “or” in the third place where it occurs. |
1967 c. 88. | Leasehold Reform Act 1967. | In section 28(5)(a), the word “and” in the second place where it occurs. |
1972 c. 70. | Local Government Act 1972. | In section 146A(1A), the word “not”. In section 223(2), the word “and”. |
1976 c. 35. | Police Pensions Act 1976. | After section 11(2)(a), the word “and”. |
1976 c. 57. | Local Government (Miscellaneous Provisions) Act 1976. | Sections 51(1A) and 59(1A). |
1986 c. 60. | Financial Services Act 1986. | Section 189. Schedule 14. |
1987 c. 22. | Banking Act 1987. | Section 95. |
1989 c. 5. | Security Service Act 1989. | Section 2(3B). |
1990 c. 31. | Aviation and Maritime Security Act 1990. | In section 22(4)(b), the words “who is a member of a body of constables maintained”. |
1991 c. 40. | Road Traffic Act 1991. | Section 47. |
1993 c. 21. | Osteopaths Act 1993. | Section 39. |
1993 c. 39. | National Lottery etc. Act 1993. | Section 19. |
1994 c. 17. | Chiropractors Act 1994. | Section 40. |
1995 c. 25. | Environment Act 1995. | In Schedule 22, paragraph 17(a). |
1996 c. 16. | Police Act 1996. | In section 62(1), at the end of paragraph (b) the word “or”. In section 98(4), the word “or” in the sixth place it occurs. |
1996 c. 35. | Security Service Act 1996. | Section 1(3). |