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- Point in Time (01/03/2006)
- Original (As enacted)
Serious Organised Crime and Police Act 2005 is up to date with all changes known to be in force on or before 10 September 2024. There are changes that may be brought into force at a future date.
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Part 1 The Serious Organised Crime Agency
Chapter 1 SOCA: establishment and activities
Central supervision and direction
Chapter 2 SOCA: special powers of designated staff
Chapter 3 SOCA: Miscellaneous and supplementary
Part 2 Investigations, prosecutions, proceedings and proceeds of crime
Chapter 1 Investigatory powers of DPP, etc.
Chapter 2 Offenders assisting investigations and prosecutions
Part 4 Public order and conduct in public places etc.
140.Variation and discharge of anti-social behaviour orders made on conviction
141.Anti-social behaviour orders etc: reporting restrictions
142.Contracting out of local authority functions relating to anti-social behaviour orders
143.Special measures for witnesses in proceedings for anti-social behaviour orders etc.
Vehicle registration and insurance and road traffic offences
151.Power of constables etc. to require production of registration documents in respect of a vehicle
152.Power to seize etc. vehicles driven without licence or insurance
153.Disclosure of information about insurance status of vehicles
154.Power to require specimens of breath at roadside or at hospital etc.
155.Payments by Secretary of State to police authorities in relation to the prevention, detection and enforcement of certain traffic offences
156.Payments by Scottish Ministers to police authorities etc. in relation to the prevention, detection and enforcement of certain traffic offences
SCHEDULES
Functions of Independent Police Complaints Commission in relation to SOCA
2.In section 9(3) (persons ineligible for appointment as members of...
3.(1) Section 10 (general functions of the Commission) is amended...
5.(1) Section 15 (general duties of police authorities etc.) is...
6.In section 16 (payment for assistance with investigations), for subsections...
8.After section 26 insert— Serious Organised Crime Agency (1) The Commission and the Serious Organised Crime Agency must...
9.In section 29(3) (interpretation)— (a) for paragraph (b) substitute—
11.(1) Schedule 3 (handling of complaints and conduct matters) is...
Minor and consequential amendments relating to SOCA
Police (Scotland) Act 1967 (c. 77)
12.The Police (Scotland) Act 1967 has effect subject to the...
13.In section 33 (inspectors of constabulary), in subsections (3) and...
14.(1) Section 38A (constables engaged on service outside their force)...
15.In section 39(4) (liability for wrongful acts of constables) for...
16.In section 41(4)(a) (assaults on constables) omit “or by a...
Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))
Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
68.The Police Act 1996 has effect subject to the following...
71.(1) Section 54 (appointment and functions of inspectors of constabulary)...
72.In section 55 (publication of reports) omit subsection (7).
75.Omit section 60(2A) (regulations for police federations).
76.In section 61(1) (police negotiating board) omit paragraphs (aa) and...
77.(1) Section 62 (functions of negotiating board with respect to...
78.(1) Section 63 (police advisory boards) is amended as follows....
79.In section 64 (membership of trade unions) omit subsections (4A)...
80.(1) Section 88 (liability for wrongful acts of constables) is...
81.In section 89(4)(a) (assaults on constables) omit “or by a...
82.(1) Section 97 (police officers engaged on service outside their...
Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6))
Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))
94.The Police Act 1997 has effect subject to the following...
97.(1) Section 93 (authorisations to interfere with property) is amended...
98.(1) Section 94 (authorisations in absence of authorising officer) is...
99.(1) Section 95 (form and duration of authorisations) is amended...
100.(1) Section 97 (authorisations requiring approval) is amended as follows....
101.In section 105(3) (supplementary provision about appeals) for “, (d),...
102.In section 107(4)(b) (exclusions from Chief Commissioner's report) for “Service...
103.(1) Section 109 (Police Information Technology Organisation) is amended as...
104.(1) Section 111 (interpretation of Part 5) is amended as...
106.Omit Schedules 1 to 2A (Service Authorities for NCIS and...
Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))
Police (Health and Safety) (Northern Ireland) Order 1997 (S.I. 1997/1774 (N.I. 16))
Police (Northern Ireland) Act 1998 (c. 32)
113.The Police (Northern Ireland) Act 1998 has effect subject to...
114.(1) Section 27 (members of Police Service of Northern Ireland...
115.In section 29(5) (liability for wrongful acts of constables) for...
116.In section 41 (inspectors of constabulary) for subsections (3) and...
117.(1) Section 42 (publication of reports of inspectors of constabulary)...
Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21))
Regulation of Investigatory Powers Act 2000 (c. 23)
131.The Regulation of Investigatory Powers Act 2000 has effect subject...
132.(1) Section 6 (application for issue of an interception warrant)...
133.(1) In section 17(3) (exclusion of matters from legal proceedings)...
134.(1) In section 19(2) (unauthorised disclosures) for paragraphs (c) and...
136.In section 32(6) (authorisation of intrusive surveillance) for paragraphs (k)...
137.(1) Section 33 (rules for grant of authorisation) is amended...
138.(1) Section 34 (grant of authorisations in absence of senior...
139.(1) Section 35 (notification of certain authorisations) is amended as...
140.(1) Section 36 (approval required for authorisations to take effect)...
141.In section 37(1) (quashing of police and customs authorisations) for...
142.In section 40 (duty to provide information to Surveillance Commissioners)...
143.In section 45(6) (cancellation of authorisations)— (a) at the end...
144.In section 46(3) (restriction on authorisations extending to Scotland) after...
145.In section 49(1)(e) (notices requiring disclosure) after “the police” (in...
146.(1) Section 51 (cases in which key required) is amended...
147.In section 54(3) (tipping-off) after “police” (in both places) insert...
148.(1) Section 55 (duties of specified authorities) is amended as...
149.In section 56(1) (interpretation)— (a) in the definition of “chief...
150.In section 58(1) (co-operation with Commissioner) for paragraphs (b) and...
151.In section 65(6) (the Tribunal) for paragraphs (d) and (e)...
152.In section 68(7) (disclosure to Tribunal) for paragraphs (b) and...
153.In section 75(6) (authorisations under Part 3 of Police Act...
154.(1) Section 76A (foreign surveillance operations) is amended as follows....
155.(1) In Schedule 1 (relevant authorities) for paragraphs 2 and...
156.(1) Schedule 2 (persons having appropriate permission) is amended as...
Proceeds of Crime Act 2002 (c. 29)
169.In section 313(1) (restriction on performance by police of functions...
173.In section 336 (giving of consent by a nominated officer)...
174.In section 340(13) (interpretation of references to constable) for “the...
175.In section 378(5) (interpretation of references to officers) for “the...
176.In section 436(5) (persons permitted to disclose information to the...
177.In section 439(5) (persons permitted to disclose information to the...
178.In section 445(2)(b) (external investigations) for “the Director General of...
Police Reform Act 2002 (c. 30)
180.Omit section 8 (powers of Secretary of State in relation...
181.(1) Section 38 (exercise of police powers by civilian employees)...
182.In section 42 (supplementary provisions relating to exercise of police...
183.(1) Section 45 (code of practice relating to exercise of...
184.In section 47(1) (interpretation) omit the definitions of “Director General”...
185.(1) Section 82 (police nationality requirements) is amended as follows....
186.Omit sections 85 to 91 (NCIS and NCS: general provisions)....
187.Omit section 93 (quorum for NCIS and NCS service authorities)....
188.(1) Section 102 (liability for wrongful acts of constables) is...
189.(1) Section 103 (liability in respect of members of teams)...
190.In Schedule 4 (powers exercisable by police civilians), in paragraph...
Minor and consequential amendments relating to Chapter 6 of Part 2
Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))
Proceeds of Crime Act 2002 (c. 29)
5.In section 82(f) (confiscation: England and Wales: property is free...
6.In section 148(f) (confiscation: Scotland: property is free property if...
7.In section 230(f) (confiscation: Northern Ireland: property is free property...
8.In section 241(2)(a) (conduct occurring outside the United Kingdom that...
9.In section 243 (proceedings for recovery orders in England and...
10.Before section 248 (and its heading) insert the following heading—...
11.(1) Section 248 (registration: England and Wales) is amended as...
12.(1) Section 249 (registration: Northern Ireland) is amended as follows....
13.Before section 250 (and its heading) insert the following heading—...
14.(1) Section 252 (interim receiving orders: prohibition on dealings) is...
15.In section 266 (recovery orders), after subsection (8) insert—
16.In section 271(4) (certain payments to trustee for civil recovery...
17.In section 272(5) (provision in recovery orders for compensation for...
18.In section 280(2) (application of realised proceeds of recovery order)—...
19.In section 283 (compensation where interim receiving order etc. has...
20.After section 286 insert— Legal expenses excluded from freezing: required...
21.In section 287 (financial threshold for starting proceedings), in subsections...
22.(1) Section 316(1) (interpretation of Part 5) is amended as...
23.In section 432 (insolvency practitioners), in subsections (1)(b), (8)(a) and...
Powers of Arrest: supplementary
Part 3 Amendments relating to references to arrestable offences and serious arrestable offences
Powers of designated and accredited persons
2.After paragraph 1 insert— Power to require name and address...
4.After paragraph 2 insert— Powers to search individuals and to...
6.After paragraph 3 insert— Power to require name and address:...
7.In paragraph 4 (power to use reasonable force to detain...
8.After paragraph 7 insert— Search and seizure powers: alcohol and...
9.After paragraph 8 insert— Entry to investigate licensing offences (1) Where a designation applies this paragraph to any person,...
10.After paragraph 11A insert— Power to control traffic for purposes...
11.After paragraph 13 insert— Power to place traffic signs (1) Where a designation applies this paragraph to any person,...
12.After paragraph 15 insert— Photographing of persons arrested, detained or...
Additional powers and duties of designated persons
7.The Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504...
8.After Article 36 insert— Parental compensation orders (1) A magistrates' court may make an order under this...
9.In Article 2 (interpretation), in paragraph (2), in the appropriate...
10.The amendments made by paragraph 8 of this Schedule do...
Investigations into conduct of police officers: accelerated procedure in special cases
Investigations of deaths and serious injuries during or after contact with the police
2.(1) Section 10(2) (general functions of the Commission) is amended...
4.In the following provisions, for “and conduct matters” substitute “...
5.(1) Section 16(2) (assistance for which payment is required) is...
6.In section 18 (inspection of police premises on behalf of...
7.(1) Section 21 (duty to provide information) is amended as...
8.(1) Section 22 (power of Commission to issue guidance) is...
11.Schedule 3 (handling of complaints and conduct matters) is amended...
12.After paragraph 14 insert— Part 2A handling of death and...
13.In paragraph 15(1)(a) and (8) (power of the Commission to...
14.(1) Paragraph 16 (investigations by the appropriate authority on its...
15.(1) Paragraph 17 (investigations supervised by the Commission) is amended...
16.(1) Paragraph 18 (investigations managed by the Commission) is amended...
17.(1) Paragraph 19 (investigations by the Commission itself) is amended...
18.In paragraph 20(1) (restrictions on proceedings pending the conclusion of...
19.In paragraph 21(4) (power of the Commission to discontinue an...
20.After paragraph 21 insert— Procedure where conduct matter is revealed...
21.For paragraph 22 (final reports on investigations) substitute— Final reports...
22.(1) In the heading preceding paragraph 23, after “investigation report”...
23.(1) In the heading preceding paragraph 24, after “investigation report”...
24.After paragraph 24 insert— Final reports on investigations: other DSI...
Amendments of Part 5 of Police Act 1997
2.In section 114(3) for “Section 113(3) to (5)” substitute “...
4.In section 119— (a) in subsection (1A) for “section 113(3A)...
5.In section 119A(2) for the words from “under” to “adults)”...
7.In section 120ZA(4)(b) for “113 or 115” substitute “ 113A...
10.In section 121 for “under section 114(2), 115(4) or (10),...
11.In section 122(3) and (4)(b) for “113 or 115” substitute...
13.In section 124B— (a) in subsection (1) for “113” substitute...
Private Security Industry Act 2001: Scottish extent
1.The Private Security Industry Act 2001 (c. 12) is amended...
2.In section 2 (directions etc. by the Secretary of State)—...
3.After section 2 insert— Authority to be treated as cross-border...
4.In section 3 (conduct prohibited without a licence), after subsection...
5.In section 7 (licensing criteria), after subsection (5) insert—
7.In section 13 (licensing at local authority level), at the...
8.In section 15(1) (duty to secure arrangements are in force...
10.In section 23 (criminal liability of directors etc.), the existing...
11.In section 24 (consultation with Security Industry Authority before making...
14.In Schedule 2 (activities liable to control under the Private...
Remaining minor and consequential amendments (search warrants)
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