Search Legislation

Advanced Search

Serious Organised Crime and Police Act 2005

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 The Serious Organised Crime Agency

    1. Chapter 1 SOCA: establishment and activities

      1. Establishment of SOCA

        1. 1.Establishment of Serious Organised Crime Agency

      2. Functions

        1. 2.Functions of SOCA as to serious organised crime

        2. 3.Functions of SOCA as to information relating to crime

        3. 4.Exercise of functions: general considerations

      3. General powers

        1. 5.SOCA’s general powers

      4. Annual plans and reports

        1. 6.Annual plans

        2. 7.Annual reports

      5. Central supervision and direction

        1. 8.General duty of Secretary of State and Scottish Ministers

        2. 9.Strategic priorities

        3. 10.Codes of practice

        4. 11.Reports to Secretary of State

        5. 12.Power to direct submission of action plan

        6. 13.Revision of inadequate action plan

        7. 14.Procedure for giving directions under section 12

        8. 15.Reports relating to directions under section 12

        9. 16.Inspections

      6. Financial provisions

        1. 17.Grants by Secretary of State

        2. 18.Determinations relating to grants under section 17

        3. 19.Charges by SOCA and other receipts

        4. 20.Accounts

      7. Operational matters

        1. 21.Operational responsibility of Director General

        2. 22.Activities in Scotland in relation to crime

        3. 23.Mutual assistance between SOCA and law enforcement agencies: voluntary arrangements

        4. 24.Mutual assistance between SOCA and law enforcement agencies: directed arrangements

        5. 25.Directed arrangements: Scotland

        6. 26.Use by SOCA of police premises etc.

        7. 27.Regulations as to equipment

      8. Liability for unlawful conduct

        1. 28.Liability of SOCA for acts of seconded staff etc.

        2. 29.Payment by SOCA of amounts in connection with unlawful conduct of employees etc.

        3. 30.Application of sections 28 and 29 to members of joint investigation teams

        4. 31.Liability of special police forces and law enforcement agencies for unlawful conduct of SOCA staff

      9. Use and disclosure of information

        1. 32.Use of information by SOCA

        2. 33.Disclosure of information by SOCA

        3. 34.Disclosure of information to SOCA

        4. 35.Restrictions on further disclosure

      10. General duties of police etc.

        1. 36.General duty of police to pass information to SOCA

        2. 37.General duty of police etc. to assist SOCA

      11. Prosecutions

        1. 38.Prosecution of offences investigated by SOCA

        2. 39.Directions as to reference of cases and proceedings to appropriate prosecutor

        3. 40.Functions of Director of Revenue and Customs Prosecutions as to persons arrested for designated offence

      12. Miscellaneous and supplementary

        1. 41.Directions

        2. 42.Interpretation of Chapter 1

    2. Chapter 2 SOCA: special powers of designated staff

      1. Designations

        1. 43.Designation of SOCA staff as persons having powers of constable etc.

        2. 44.Delegation of power to designate

        3. 45.Modification or withdrawal of designations

      2. Powers exercisable

        1. 46.Person having powers of a constable

        2. 47.Person having powers of constable: Scotland and Northern Ireland

        3. 48.Person having customs powers

        4. 49.Person having powers of an immigration officer

      3. Exercise of powers

        1. 50.Designations: supplementary

        2. 51.Assaults, obstruction or deception in connection with designations

      4. Supplementary

        1. 52.Modification of enactments

        2. 53.Employment provisions

        3. 54.Interpretation of Chapter 2

    3. Chapter 3 SOCA: Miscellaneous and supplementary

      1. Complaints and misconduct

        1. 55.Complaints and misconduct

      2. Application of discrimination legislation

        1. 56.Application of discrimination legislation to SOCA seconded staff

      3. Joint investigation teams

        1. 57.Assaults or obstruction in connection with joint investigation teams

      4. Transfers

        1. 58.Transfers to SOCA

      5. Amendments

        1. 59.Minor and consequential amendments relating to SOCA

  3. Part 2 Investigations, prosecutions, proceedings and proceeds of crime

    1. Chapter 1 Investigatory powers of DPP, etc.

      1. Introductory

        1. 60.Investigatory powers of DPP etc.

        2. 61.Offences to which this Chapter applies

      2. Disclosure notices

        1. 62.Disclosure notices

        2. 63.Production of documents

        3. 64.Restrictions on requiring information etc.

        4. 65.Restrictions on use of statements

      3. Enforcement

        1. 66.Power to enter and seize documents

        2. 67.Offences in connection with disclosure notices or search warrants

      4. Supplementary

        1. 68.Procedure applicable to search warrants

        2. 69.Manner in which disclosure notice may be given

        3. 70.Interpretation of Chapter 1

    2. Chapter 2 Offenders assisting investigations and prosecutions

      1. 71.Assistance by offender: immunity from prosecution

      2. 72.Assistance by offender: undertakings as to use of evidence

      3. 73.Assistance by defendant: reduction in sentence

      4. 74.Assistance by defendant: review of sentence

      5. 75.Proceedings under section 74: exclusion of public

    3. Chapter 3 Financial reporting orders

      1. 76.Financial reporting orders: making

      2. 77.Financial reporting orders: making in Scotland

      3. 78.Financial reporting orders: making in Northern Ireland

      4. 79.Financial reporting orders: effect

      5. 80.Financial reporting orders: variation and revocation

      6. 81.Financial reporting orders: verification and disclosure

    4. Chapter 4 Protection of witnesses and other persons

      1. 82.Protection of persons involved in investigations or proceedings

      2. 83.Joint arrangements

      3. 84.Transfer of responsibility to other protection provider

      4. 85.Duty to assist protection providers

      5. 86.Offence of disclosing information about protection arrangements

      6. 87.Defences to liability under section 86

      7. 88.Offences of disclosing information relating to persons assuming new identity

      8. 89.Defences to liability under section 88

      9. 90.Protection from liability

      10. 91.Transitional provision

      11. 92.Transitional provision: supplemental

      12. 93.Provision of information

      13. 94.Interpretation of Chapter 4

    5. Chapter 5 International obligations

      1. 95.Enforcement of overseas forfeiture orders

      2. 96.Mutual assistance in freezing property or evidence

    6. Chapter 6 Proceeds of crime

      1. 97.Confiscation orders by magistrates' courts

      2. 98.Civil recovery: freezing orders

      3. 99.Civil recovery: interim receivers' expenses etc.

      4. 100.Detention of seized cash: meaning of “48 hours”

      5. 101.Appeal in proceedings for forfeiture of cash

      6. 102.Money laundering: defence where overseas conduct is legal under local law

      7. 103.Money laundering: threshold amounts

      8. 104.Money laundering: disclosures to identify persons and property

      9. 105.Money laundering: form and manner of disclosures

      10. 106.Money laundering: miscellaneous amendments

      11. 107.Money laundering offences

      12. 108.International co-operation

      13. 109.Minor and consequential amendments relating to Chapter 6

  4. Part 3 Police powers etc.

    1. Powers of arrest

      1. 110.Powers of arrest

      2. 111.Powers of arrest: supplementary

    2. Exclusion zones

      1. 112.Power to direct a person to leave a place

    3. Search warrants

      1. 113.Search warrants: premises

      2. 114.Search warrants: other amendments

    4. Fireworks

      1. 115.Power to stop and search for prohibited fireworks

    5. Photographing of suspects etc.

      1. 116.Photographing of suspects etc.

    6. Fingerprints and footwear impressions

      1. 117.Fingerprints

      2. 118.Impressions of footwear

    7. Intimate samples

      1. 119.Intimate samples

    8. Custody officers

      1. 120.Staff custody officers: designation

      2. 121.Custody officers: amendments to PACE

    9. Designated and accredited persons

      1. 122.Powers of designated and accredited persons

    10. Provision of information for use by police staff

      1. 123.Provision of information for use by police staff

    11. Interpretation of Part 3

      1. 124.Interpretation of Part 3

  5. Part 4 Public order and conduct in public places etc.

    1. Harassment

      1. 125.Harassment intended to deter lawful activities

      2. 126.Harassment etc. of a person in his home

      3. 127.Harassment etc: police direction to stay away from person’s home

    2. Trespass on designated site

      1. 128.Offence of trespassing on designated site

      2. 129.Corresponding Scottish offence

      3. 130.Designated sites: powers of arrest

      4. 131.Designated sites: access

    3. Demonstrations in vicinity of Parliament

      1. 132.Demonstrating without authorisation in designated area

      2. 133.Notice of demonstrations in designated area

      3. 134.Authorisation of demonstrations in designated area

      4. 135.Supplementary directions

      5. 136.Offences under sections 132 to 135: penalties

      6. 137.Loudspeakers in designated area

      7. 138.The designated area

    4. Anti-social behaviour

      1. 139.Orders about anti-social behaviour etc.

      2. 140.Variation and discharge of anti-social behaviour orders made on conviction

      3. 141.Anti-social behaviour orders etc: reporting restrictions

      4. 142.Contracting out of local authority functions relating to anti-social behaviour orders

      5. 143.Special measures for witnesses in proceedings for anti-social behaviour orders etc.

    5. Parental compensation orders

      1. 144.Parental compensation orders

  6. Part 5 Miscellaneous

    1. Protection of activities of certain organisations

      1. 145.Interference with contractual relationships so as to harm animal research organisation

      2. 146.Intimidation of persons connected with animal research organisation

      3. 147.Penalty for offences under sections 145 and 146

      4. 148.Animal research organisations

      5. 149.Extension of sections 145 to 147

    2. Vehicle registration and insurance and road traffic offences

      1. 150.Offence in respect of incorrectly registered vehicles

      2. 151.Power of constables etc. to require production of registration documents in respect of a vehicle

      3. 152.Power to seize etc. vehicles driven without licence or insurance

      4. 153.Disclosure of information about insurance status of vehicles

      5. 154.Power to require specimens of breath at roadside or at hospital etc.

      6. 155.Payments by Secretary of State to police authorities in relation to the prevention, detection and enforcement of certain traffic offences

      7. 156.Payments by Scottish Ministers to police authorities etc. in relation to the prevention, detection and enforcement of certain traffic offences

    3. Local policing information

      1. 157.Publication of local policing information

    4. Other miscellaneous police matters

      1. 158.Responsibilities in relation to the health and safety etc. of police

      2. 159.Investigations: accelerated procedure in special cases

      3. 160.Investigations: deaths and serious injuries during or after contact with the police

    5. Royal Parks etc.

      1. 161.Abolition of Royal Parks Constabulary

      2. 162.Regulation of specified parks

    6. Criminal record checks

      1. 163.Criminal record certificates

      2. 164.Criminal records checks: verification of identity

      3. 165.Certain references to police forces

      4. 166.Further amendments to Police Act 1997 as it applies to Scotland

      5. 167.Part 5 of the Police Act 1997: Northern Ireland

      6. 168.Part 5 of the Police Act 1997: Channel Islands and Isle of Man

    7. Witness summonses

      1. 169.Powers of Crown Court and Magistrates' Court to issue witness summons

      2. 170.Powers of courts-martial etc. to issue warrants of arrest in respect of witnesses

    8. Private Security Industry Act 2001: Scotland

      1. 171.Private Security Industry Act 2001: Scottish extent

  7. Part 6 Final provisions

    1. 172.Orders and regulations

    2. 173.Supplementary, incidental, consequential etc. provision

    3. 174.Minor and consequential amendments, repeals and revocations

    4. 175.Penalties for offences: transitional modification for England and Wales

    5. 176.Expenses

    6. 177.Interpretation

    7. 178.Commencement

    8. 179.Short title and extent

  8. SCHEDULES

    1. SCHEDULE 1

      The Serious Organised Crime Agency

      1. Part 1 The Board of SOCA

        1. 1.Membership

        2. 2.Tenure of office: chairman and ordinary members

        3. 3.(1) An appointment of a person to hold office as...

        4. 4.The Secretary of State may by notice in writing remove...

        5. 5.A person who ceases to be the chairman or an...

        6. 6.Remuneration, pensions etc. of chairman and ordinary members

        7. 7.Termination of office of ex-officio members

      2. Part 2 Director General and other staff

        1. 8.SOCA’s staff

        2. 9.The Director General

        3. 10.Termination or suspension of appointment of Director General

        4. 11.Delegation of functions of Director General

        5. 12.Remuneration and pensions of staff

        6. 13.(1) SOCA may pay, or make payments in respect of,...

        7. 14.Insurance

      3. Part 3 Committees, procedure etc.

        1. 15.Committees

        2. 16.Delegation to committees and staff

        3. 17.Proceedings

        4. 18.(1) The validity of any proceedings of SOCA, or any...

        5. 19.Evidence

      4. Part 4 General

        1. 20.Status

        2. 21.Incidental powers

    2. SCHEDULE 2

      Functions of Independent Police Complaints Commission in relation to SOCA

      1. 1.The Police Reform Act 2002 (c. 30) has effect subject...

      2. 2.In section 9(3) (persons ineligible for appointment as members of...

      3. 3.(1) Section 10 (general functions of the Commission) is amended...

      4. 4.(1) Section 11 (reports) is amended as follows.

      5. 5.(1) Section 15 (general duties of police authorities etc.) is...

      6. 6.In section 16 (payment for assistance with investigations), for subsections...

      7. 7.Omit section 25 (NCIS and NCS).

      8. 8.After section 26 insert— Serious Organised Crime Agency (1) The Commission and the Serious Organised Crime Agency must...

      9. 9.In section 29(3) (interpretation)— (a) for paragraph (b) substitute—

      10. 10.In section 108(7) (extent etc.), omit paragraph (e).

      11. 11.(1) Schedule 3 (handling of complaints and conduct matters) is...

    3. SCHEDULE 3

      Transfers to SOCA

      1. 1.Interpretation

      2. 2.Staff

      3. 3.A transfer scheme may provide— (a) for relevant service within...

      4. 4.(1) A transfer scheme may provide— (a) for the secondment...

      5. 5.(1) A transfer scheme may provide— (a) for the transfer...

      6. 6.(1) A transfer scheme may provide for a person who—...

      7. 7.(1) A transfer scheme may provide for the termination of...

      8. 8.Property, rights and liabilities etc.

      9. 9.A transfer scheme may provide for SOCA to make any...

      10. 10.Supplementary

      11. 11.(1) Before making a transfer scheme which contains any provision...

      12. 12.Power to make regulations

    4. SCHEDULE 4

      Minor and consequential amendments relating to SOCA

      1. 1.Explosives Act 1875 (c. 17)

      2. 2.Police (Property) Act 1897 (c. 30)

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

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

      5. 5.Naval Discipline Act 1957 (c. 53)

      6. 6.Public Records Act 1958 (c. 51)

      7. 7.Trustee Investments Act 1961 (c. 62)

      8. 8.In section 11(4) (local authority investment schemes)—

      9. 9.In Part 2 of Schedule 1 (narrower-range investments requiring advice)...

      10. 10.Offices, Shops and Railway Premises Act 1963 (c. 41)

      11. 11.Parliamentary Commissioner Act 1967 (c. 13)

      12. 12.Police (Scotland) Act 1967 (c. 77)

      13. 13.In section 33 (inspectors of constabulary), in subsections (3) and...

      14. 14.(1) Section 38A (constables engaged on service outside their force)...

      15. 15.In section 39(4) (liability for wrongful acts of constables) for...

      16. 16.In section 41(4)(a) (assaults on constables) omit “or by a...

      17. 17.Leasehold Reform Act 1967 (c. 88)

      18. 18.Firearms Act 1968 (c. 27)

      19. 19.Employment Agencies Act 1973 (c. 35)

      20. 20.Health and Safety at Work etc. Act 1974 (c. 37)

      21. 21.District Courts (Scotland) Act 1975 (c. 20)

      22. 22.House of Commons Disqualification Act 1975 (c. 24)

      23. 23.In section 1(1) (disqualification for membership of House of Commons)...

      24. 24.(1) Schedule 1 (disqualifying offices) is amended as follows.

      25. 25.Northern Ireland Assembly Disqualification Act 1975 (c. 25)

      26. 26.In section 1(1) (disqualification for membership of Assembly) omit paragraph...

      27. 27.(1) Schedule 1 (disqualifying offices) is amended as follows.

      28. 28.Sex Discrimination Act 1975 (c. 65)

      29. 29.Police Pensions Act 1976 (c. 35)

      30. 30.In section 7(2) (payment of pensions and contributions), at the...

      31. 31.(1) Section 11 (interpretation) is amended as follows.

      32. 32.Paragraphs 30 and 31 (and the corresponding entry in Schedule...

      33. 33.Race Relations Act 1976 (c. 74)

      34. 34.(1) Section 76B (other police bodies) is amended as follows....

      35. 35.In Schedule 1A (bodies and other persons subject to general...

      36. 36.Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))

      37. 37.In Article 84(8) (police officers) for “section 23 of the...

      38. 38.In Article 85 (other police bodies), for paragraph (6) substitute—...

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

      40. 40.Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)

      41. 41.Stock Transfer Act 1982 (c. 41)

      42. 42.Road Traffic Regulation Act 1984 (c. 27)

      43. 43.Police and Criminal Evidence Act 1984 (c. 60)

      44. 44.In section 5 (reports of recorded searches and road checks)...

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

      46. 46.In section 63A(1A) (supplementary provision about fingerprints and samples) for...

      47. 47.Prosecution of Offences Act 1985 (c. 23)

      48. 48.Ministry of Defence Police Act 1987 (c. 4)

      49. 49.In section 2B(3) (constables serving with other forces), in the...

      50. 50.After section 2B insert— Constables serving with Serious Organised Crime...

      51. 51.Dartford-Thurrock Crossing Act 1988 (c. 20)

      52. 52.Road Traffic Act 1988 (c. 52)

      53. 53.(1) In section 124 (exemption from requirements regarding paid driving...

      54. 54.In section 144(2) (exemption from requirement of third-party insurance or...

      55. 55.Security Service Act 1989 (c. 5)

      56. 56.In section 1(4) (functions of the Security Service) for “,...

      57. 57.In section 2(2)(c) (duties of the Director General)—

      58. 58.Official Secrets Act 1989 (c. 6)

      59. 59.Aviation and Maritime Security Act 1990 (c. 31)

      60. 60.Tribunals and Inquiries Act 1992 (c. 53)

      61. 61.In section 7(2) (removal of members of certain tribunals) after...

      62. 62.In Schedule 1 (tribunals under supervision of Council on Tribunals)...

      63. 63.Criminal Appeal Act 1995 (c. 35)

      64. 64.Disability Discrimination Act 1995 (c. 50)

      65. 65.(1) The section 64A (police) inserted by the Disability Discrimination...

      66. 66.In the section 64A (police) inserted by the Disability Discrimination...

      67. 67.(1) The section 64B (other police bodies) inserted by the...

      68. 68.Police Act 1996 (c. 16)

      69. 69.Omit section 23(8) (collaboration agreements).

      70. 70.Omit section 24(5) (mutual aid).

      71. 71.(1) Section 54 (appointment and functions of inspectors of constabulary)...

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

      73. 73.(1) Section 57 (common services) is amended as follows.

      74. 74.Omit section 59(8) (police federations).

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

      76. 76.In section 61(1) (police negotiating board) omit paragraphs (aa) and...

      77. 77.(1) Section 62 (functions of negotiating board with respect to...

      78. 78.(1) Section 63 (police advisory boards) is amended as follows....

      79. 79.In section 64 (membership of trade unions) omit subsections (4A)...

      80. 80.(1) Section 88 (liability for wrongful acts of constables) is...

      81. 81.In section 89(4)(a) (assaults on constables) omit “or by a...

      82. 82.(1) Section 97 (police officers engaged on service outside their...

      83. 83.(1) Section 98 (cross-border aid) is amended as follows.

      84. 84.Employment Rights Act 1996 (c. 18)

      85. 85.In section 43KA(2) (application of Part 4A of that Act...

      86. 86.In section 50(2) (right to time off for public duties)...

      87. 87.In section 134A (application of section 100 of that Act...

      88. 88.Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6))

      89. 89.Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))

      90. 90.In Article 67KA(3) (application of Part VA of that Order...

      91. 91.In Article 72A(2) (application of Article 68 of that Order...

      92. 92.In Article 169A(2) (application of Article 132 of that Order...

      93. 93.Police (Health and Safety) Act 1997 (c. 42)

      94. 94.Police Act 1997 (c. 50)

      95. 95.Omit sections 1 to 87 (provision about NCIS and NCS...

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

      97. 97.(1) Section 93 (authorisations to interfere with property) is amended...

      98. 98.(1) Section 94 (authorisations in absence of authorising officer) is...

      99. 99.(1) Section 95 (form and duration of authorisations) is amended...

      100. 100.(1) Section 97 (authorisations requiring approval) is amended as follows....

      101. 101.In section 105(3) (supplementary provision about appeals) for “, (d),...

      102. 102.In section 107(4)(b) (exclusions from Chief Commissioner’s report) for “Service...

      103. 103.(1) Section 109 (Police Information Technology Organisation) is amended as...

      104. 104.(1) Section 111 (interpretation of Part 5) is amended as...

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

      106. 106.Omit Schedules 1 to 2A (Service Authorities for NCIS and...

      107. 107.Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))

      108. 108.In Article 72A(8) (police officers) for “section 23 of the...

      109. 109.In Article 72B (other police bodies), for paragraph (6) substitute—...

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

      111. 111.Audit Commission Act 1998 (c. 18)

      112. 112.Data Protection Act 1998 (c. 29)

      113. 113.Police (Northern Ireland) Act 1998 (c. 32)

      114. 114.(1) Section 27 (members of Police Service of Northern Ireland...

      115. 115.In section 29(5) (liability for wrongful acts of constables) for...

      116. 116.In section 41 (inspectors of constabulary) for subsections (3) and...

      117. 117.(1) Section 42 (publication of reports of inspectors of constabulary)...

      118. 118.Crime and Disorder Act 1998 (c. 37)

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

      120. 120.In Article 94(6) (police officers) for “section 23 of the...

      121. 121.In Article 94A (other police bodies), for paragraph (6) substitute—...

      122. 122.Immigration and Asylum Act 1999 (c. 33)

      123. 123.In section 20(1) (supply of information to Secretary of State)...

      124. 124.(1) Section 21 (supply of information by Secretary of State)...

      125. 125.Terrorism Act 2000 (c. 11)

      126. 126.In section 19(7B) (duty to disclose information)—

      127. 127.In section 20(5) (permission to disclose information)—

      128. 128.In section 21A(14) (failure to disclose: regulated sector)—

      129. 129.In section 21B(7) (protected disclosures)— (a) for “person” substitute “member...

      130. 130.In Schedule 14 (exercise of officers' powers), in paragraph 4(1),...

      131. 131.Regulation of Investigatory Powers Act 2000 (c. 23)

      132. 132.(1) Section 6 (application for issue of an interception warrant)...

      133. 133.(1) In section 17(3) (exclusion of matters from legal proceedings)...

      134. 134.(1) In section 19(2) (unauthorised disclosures) for paragraphs (c) and...

      135. 135.(1) Section 25 (interpretation) is amended as follows.

      136. 136.In section 32(6) (authorisation of intrusive surveillance) for paragraphs (k)...

      137. 137.(1) Section 33 (rules for grant of authorisation) is amended...

      138. 138.(1) Section 34 (grant of authorisations in absence of senior...

      139. 139.(1) Section 35 (notification of certain authorisations) is amended as...

      140. 140.(1) Section 36 (approval required for authorisations to take effect)...

      141. 141.In section 37(1) (quashing of police and customs authorisations) for...

      142. 142.In section 40 (duty to provide information to Surveillance Commissioners)...

      143. 143.In section 45(6) (cancellation of authorisations)— (a) at the end...

      144. 144.In section 46(3) (restriction on authorisations extending to Scotland) after...

      145. 145.In section 49(1)(e) (notices requiring disclosure) after “the police” (in...

      146. 146.(1) Section 51 (cases in which key required) is amended...

      147. 147.In section 54(3) (tipping-off) after “police” (in both places) insert...

      148. 148.(1) Section 55 (duties of specified authorities) is amended as...

      149. 149.In section 56(1) (interpretation)— (a) in the definition of “chief...

      150. 150.In section 58(1) (co-operation with Commissioner) for paragraphs (b) and...

      151. 151.In section 65(6) (the Tribunal) for paragraphs (d) and (e)...

      152. 152.In section 68(7) (disclosure to Tribunal) for paragraphs (b) and...

      153. 153.In section 75(6) (authorisations under Part 3 of Police Act...

      154. 154.(1) Section 76A (foreign surveillance operations) is amended as follows....

      155. 155.(1) In Schedule 1 (relevant authorities) for paragraphs 2 and...

      156. 156.(1) Schedule 2 (persons having appropriate permission) is amended as...

      157. 157.Football (Disorder) Act 2000 (c. 25)

      158. 158.Freedom of Information Act 2000 (c. 36)

      159. 159.In section 23(3) (bodies supplying information which is exempt) omit...

      160. 160.In Schedule 1 (list of public authorities), in Part 6,...

      161. 161.Criminal Justice and Court Services Act 2000 (c. 43)

      162. 162.Criminal Justice and Police Act 2001 (c. 16)

      163. 163.In section 88(8) (functions of Central Police Training and Development...

      164. 164.(1) Section 104 (vice-chairmen) is amended as follows.

      165. 165.(1) Section 107 (payment of allowances to authority members) is...

      166. 166.Omit sections 108 to 121 (provision about NCIS and NCS...

      167. 167.Omit section 138(6)(d) (extent).

      168. 168.Proceeds of Crime Act 2002 (c. 29)

      169. 169.In section 313(1) (restriction on performance by police of functions...

      170. 170.In section 330(5)(a) (required disclosure of information regarding money laundering)...

      171. 171.In section 331(5)(a) (required disclosure of information regarding money laundering)...

      172. 172.In section 332(5)(a) (required disclosure of information regarding money laundering)...

      173. 173.In section 336 (giving of consent by a nominated officer)...

      174. 174.In section 340(13) (interpretation of references to constable) for “the...

      175. 175.In section 378(5) (interpretation of references to officers) for “the...

      176. 176.In section 436(5) (persons permitted to disclose information to the...

      177. 177.In section 439(5) (persons permitted to disclose information to the...

      178. 178.In section 445(2)(b) (external investigations) for “the Director General of...

      179. 179.Police Reform Act 2002 (c. 30)

      180. 180.Omit section 8 (powers of Secretary of State in relation...

      181. 181.(1) Section 38 (exercise of police powers by civilian employees)...

      182. 182.In section 42 (supplementary provisions relating to exercise of police...

      183. 183.(1) Section 45 (code of practice relating to exercise of...

      184. 184.In section 47(1) (interpretation) omit the definitions of “Director General”...

      185. 185.(1) Section 82 (police nationality requirements) is amended as follows....

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

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

      188. 188.(1) Section 102 (liability for wrongful acts of constables) is...

      189. 189.(1) Section 103 (liability in respect of members of teams)...

      190. 190.In Schedule 4 (powers exercisable by police civilians), in paragraph...

      191. 191.Crime (International Co-operation) Act 2003 (c. 32)

      192. 192.Courts Act 2003 (c. 39)

      193. 193.Sexual Offences Act 2003 (c. 42)

      194. 194.In section 94(3) (supply of information for verification) for paragraphs...

      195. 195.In section 95(2) (supply of information by Secretary of State)...

      196. 196.Criminal Justice Act 2003 (c. 44)

      197. 197.Energy Act 2004 (c. 20)

      198. 198.In section 59(3) (members of civil nuclear constabulary serving with...

      199. 199.After section 59 insert— Constables serving with Serious Organised Crime...

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

    5. SCHEDULE 5

      Persons specified for the purposes of section 82

      1. 1.A person who is or might be, or who has...

      2. 2.A person who has complied with a disclosure notice given...

      3. 3.(1) A person who has been given an immunity notice...

      4. 4.A person who is or has been a member of...

      5. 5.A person who holds or has held judicial office (whether...

      6. 6.A person who is or has been a justice of...

      7. 7.A person who is or has been a member of...

      8. 8.A person who conducts or has conducted criminal prosecutions (whether...

      9. 9.(1) A person who is or has been the Director...

      10. 10.(1) A person who is or has been the Director...

      11. 11.A person who is or has been under the direction...

      12. 12.(1) A person who is or has been the Director...

      13. 13.A person who is or has been a constable.

      14. 14.A person who is or has been designated under—

      15. 15.A person who is a police custody and security officer...

      16. 16.A person who— (a) is or has been an officer...

      17. 17.A person who is or has been a person appointed...

      18. 18.A person who is or has been a member of...

      19. 19.(1) A person who is or has been the Director...

      20. 20.(1) A person who is or has been the Director...

      21. 21.(1) A person who is or has been the Director...

      22. 22.(1) A person who is or has been the head...

      23. 23.(1) A person who is or has been a person...

      24. 24.(1) A person who is or has been a person...

      25. 25.(1) A person who is or has been the head...

      26. 26.A person who is or has been a prison officer....

      27. 27.A person who is or has been a covert human...

      28. 28.A person— (a) who is a member of the family...

    6. SCHEDULE 6

      Minor and consequential amendments relating to Chapter 6 of Part 2

      1. 1.Prescription and Limitation (Scotland) Act 1973 (c. 52)

      2. 2.Limitation Act 1980 (c. 58)

      3. 3.Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))

      4. 4.Proceeds of Crime Act 2002 (c. 29)

      5. 5.In section 82(f) (confiscation: England and Wales: property is free...

      6. 6.In section 148(f) (confiscation: Scotland: property is free property if...

      7. 7.In section 230(f) (confiscation: Northern Ireland: property is free property...

      8. 8.In section 241(2)(a) (conduct occurring outside the United Kingdom that...

      9. 9.In section 243 (proceedings for recovery orders in England and...

      10. 10.Before section 248 (and its heading) insert the following heading—...

      11. 11.(1) Section 248 (registration: England and Wales) is amended as...

      12. 12.(1) Section 249 (registration: Northern Ireland) is amended as follows....

      13. 13.Before section 250 (and its heading) insert the following heading—...

      14. 14.(1) Section 252 (interim receiving orders: prohibition on dealings) is...

      15. 15.In section 266 (recovery orders), after subsection (8) insert—

      16. 16.In section 271(4) (certain payments to trustee for civil recovery...

      17. 17.In section 272(5) (provision in recovery orders for compensation for...

      18. 18.In section 280(2) (application of realised proceeds of recovery order)—...

      19. 19.In section 283 (compensation where interim receiving order etc. has...

      20. 20.After section 286 insert— Legal expenses excluded from freezing: required...

      21. 21.In section 287 (financial threshold for starting proceedings), in subsections...

      22. 22.(1) Section 316(1) (interpretation of Part 5) is amended as...

      23. 23.In section 432 (insolvency practitioners), in subsections (1)(b), (8)(a) and...

    7. SCHEDULE 7

      Powers of Arrest: supplementary

      1. Part 1 Specific repeals

        1. 1.Unlawful Drilling Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 1)

        2. 2.Vagrancy Act 1824 (c. 83)

        3. 3.Railway Regulation Act 1842 (c. 55)

        4. 4.Companies Clauses Consolidation Act 1845 (c. 16)

        5. 5.Railways Clauses Consolidation Act 1845 (c. 20)

        6. 6.Licensing Act 1872 (c. 94)

        7. 7.Public Stores Act 1875 (c. 25)

        8. 8.London County Council (General Powers) Act 1894 (c. ccxii)

        9. 9.London County Council (General Powers) Act 1900 (c. cclxviii)

        10. 10.Licensing Act 1902 (c. 28)

        11. 11.Protection of Animals Act 1911 (c. 27)

        12. 12.Official Secrets Act 1911 (c. 28)

        13. 13.Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)

        14. 14.Street Offences Act 1959 (c. 57)

        15. 15.Criminal Justice Act 1967 (c. 80)

        16. 16.Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c. xxix)

        17. 17.Theft Act 1968 (c. 60)

        18. 18.Port of London Act 1968 (c. xxxii)

        19. 19.Criminal Law Act 1977 (c. 45)

        20. 20.Theft Act 1978 (c. 31)

        21. 21.Animal Health Act 1981 (c. 22)

        22. 22.Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

        23. 23.Aviation Security Act 1982 (c. 36)

        24. 24.Police and Criminal Evidence Act 1984 (c. 60)

        25. 25.Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)

        26. 26.Public Order Act 1986 (c. 64)

        27. 27.Road Traffic Act 1988 (c. 52)

        28. 28.Football Spectators Act 1989 (c. 37)

        29. 29.Transport and Works Act 1992 (c. 42)

        30. 30.Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

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

        32. 32.Reserve Forces Act 1996 (c. 14)

        33. 33.Confiscation of Alcohol (Young Persons) Act 1997 (c. 33)

        34. 34.Crime and Disorder Act 1998 (c. 37)

        35. 35.Criminal Justice and Police Act 2001 (c. 16)

        36. 36.Anti-social Behaviour Act 2003 (c. 38)

        37. 37.Hunting Act 2004 (c. 37)

      2. Part 2 General repeal

        1. 38.So much of the enactments set out in the second...

      3. Part 3 Amendments relating to references to arrestable offences and serious arrestable offences

        1. 39.Criminal Law Act 1826 (c. 64)

        2. 40.Criminal Law Act 1967 (c. 58)

        3. 41.Port of London Act 1968 (c. xxxii)

        4. 42.Solicitors Act 1974 (c. 47)

        5. 43.Police and Criminal Evidence Act 1984 (c. 60)

        6. 44.Administration of Justice Act 1985 (c. 61)

        7. 45.Housing Act 1985 (c. 68)

        8. 46.Housing Act 1988 (c. 50)

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

        10. 48.Terrorism Act 2000 (c. 11)

        11. 49.International Criminal Court Act 2001 (c. 17)

        12. 50.Armed Forces Act 2001 (c. 19)

        13. 51.Crime (International Co-operation) Act 2003 (c. 32)

      4. Part 4 Other amendments

        1. 52.Game Laws (Amendment) Act 1960 (c. 36)

        2. 53.Immigration Act 1971 (c. 77)

        3. 54.Customs and Excise Management Act 1979 (c. 2)

        4. 55.Animal Health Act 1981 (c. 22)

        5. 56.Wildlife and Countryside Act 1981 (c. 69)

        6. 57.Aviation Security Act 1982 (c. 36)

        7. 58.Police and Criminal Evidence Act 1984 (c. 60)

        8. 59.Road Traffic Act 1988 (c. 52)

        9. 60.Aviation and Maritime Security Act 1990 (c. 31)

        10. 61.Deer Act 1991 (c. 54)

        11. 62.Gangmasters (Licensing) Act 2004 (c. 11)

        12. 63.Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)

    8. SCHEDULE 8

      Powers of designated and accredited persons

      1. Part 1 Designated persons

        1. 1.Schedule 4 to the Police Reform Act 2002 (c. 30)...

        2. 2.Community support officers

        3. 3.(1) Paragraph 2 (power to detain etc.) is amended as...

        4. 4.After paragraph 2 insert— Powers to search individuals and to...

        5. 5.In paragraph 3 (power to require name and address of...

        6. 6.After paragraph 3 insert— Power to require name and address:...

        7. 7.In paragraph 4 (power to use reasonable force to detain...

        8. 8.After paragraph 7 insert— Search and seizure powers: alcohol and...

        9. 9.After paragraph 8 insert— Entry to investigate licensing offences (1) Where a designation applies this paragraph to any person,...

        10. 10.After paragraph 11A insert— Power to control traffic for purposes...

        11. 11.After paragraph 13 insert— Power to place traffic signs (1) Where a designation applies this paragraph to any person,...

        12. 12.After paragraph 15 insert— Photographing of persons arrested, detained or...

        13. 13.Investigating officers

        14. 14.After paragraph 16 insert— Where a designation applies this paragraph to any person—

        15. 15.In paragraph 17 (access to excluded and special procedure material)—...

        16. 16.Detention officers

      2. Part 2 Accredited persons

        1. 17.Schedule 5 to the Police Reform Act 2002 (c. 30)...

        2. 18.In paragraph 2 (power to require giving of name and...

        3. 19.After paragraph 3 insert— Power to require name and address:...

        4. 20.After paragraph 8A insert— Power to control traffic for purposes...

        5. 21.After paragraph 9 insert— Photographing of persons given fixed penalty...

    9. SCHEDULE 9

      Additional powers and duties of designated persons

      1. 1.Schedule 4 to the Police Reform Act 2002 (c. 30)...

      2. 2.Community Support Officers

      3. 3.In paragraph 4 (power to use reasonable force to detain...

      4. 4.After paragraph 4 insert— Where a designation applies this paragraph to any person, that...

      5. 5.Investigating officers

      6. 6.After paragraph 22 insert— Powers in respect of detained persons...

      7. 7.Detention officers

      8. 8.Escort officers

      9. 9.(1) Paragraph 35 (escort of persons in police detention) is...

      10. 10.Staff custody officers

    10. SCHEDULE 10

      Parental compensation orders

      1. Part 1 England and Wales

        1. 1.The Crime and Disorder Act 1998 (c. 37) is amended...

        2. 2.After section 13 insert— Parental compensation orders (1) A magistrates' court may make an order under this...

        3. 3.(1) Section 8 (parenting orders) is amended as follows.

        4. 4.In section 18 (interpretation of Chapter 1), in subsection (1),...

        5. 5.In section 114 (orders and regulations), in subsection (3), after...

        6. 6.The amendments made by paragraph 2 of this Schedule do...

      2. Part 2 Northern Ireland

        1. 7.The Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504...

        2. 8.After Article 36 insert— Parental compensation orders (1) A magistrates' court may make an order under this...

        3. 9.In Article 2 (interpretation), in paragraph (2), in the appropriate...

        4. 10.The amendments made by paragraph 8 of this Schedule do...

    11. SCHEDULE 11

      Investigations into conduct of police officers: accelerated procedure in special cases

      1. 1.Schedule 3 to the Police Reform Act 2002 (c. 30)...

      2. 2.In paragraph 20(1)— (a) for “until” substitute until—

      3. 3.After paragraph 20 insert— Accelerated procedure in special cases (1) If, at any time before the completion of his...

      4. 4.In paragraph 25, after sub-paragraph (2) insert—

    12. SCHEDULE 12

      Investigations of deaths and serious injuries during or after contact with the police

      1. 1.The Police Reform Act 2002 (c. 30) has effect subject...

      2. 2.(1) Section 10(2) (general functions of the Commission) is amended...

      3. 3.In section 12 (matters to which Part 2 applies), after...

      4. 4.In the following provisions, for “and conduct matters” substitute “,...

      5. 5.(1) Section 16(2) (assistance for which payment is required) is...

      6. 6.In section 18 (inspection of police premises on behalf of...

      7. 7.(1) Section 21 (duty to provide information) is amended as...

      8. 8.(1) Section 22 (power of Commission to issue guidance) is...

      9. 9.(1) Section 23(2) (regulations) is amended as follows.

      10. 10.(1) Section 29 (interpretation) is amended as follows.

      11. 11.Schedule 3 (handling of complaints and conduct matters) is amended...

      12. 12.After paragraph 14 insert— Part 2A handling of death and...

      13. 13.In paragraph 15(1)(a) and (8) (power of the Commission to...

      14. 14.(1) Paragraph 16 (investigations by the appropriate authority on its...

      15. 15.(1) Paragraph 17 (investigations supervised by the Commission) is amended...

      16. 16.(1) Paragraph 18 (investigations managed by the Commission) is amended...

      17. 17.(1) Paragraph 19 (investigations by the Commission itself) is amended...

      18. 18.In paragraph 20(1) (restrictions on proceedings pending the conclusion of...

      19. 19.In paragraph 21(4) (power of the Commission to discontinue an...

      20. 20.After paragraph 21 insert— Procedure where conduct matter is revealed...

      21. 21.For paragraph 22 (final reports on investigations) substitute— Final reports...

      22. 22.(1) In the heading preceding paragraph 23, after “investigation report”...

      23. 23.(1) In the heading preceding paragraph 24, after “investigation report”...

      24. 24.After paragraph 24 insert— Final reports on investigations: other DSI...

    13. SCHEDULE 13

      Abolition of Royal Parks Constabulary: supplementary

      1. Part 1 Transfers to Metropolitan Police Authority

        1. 1.Interpretation

        2. 2.Establishment of eligibility for transfer

        3. 3.(1) The Secretary of State may terminate the Crown employment...

        4. 4.Relevant persons

        5. 5.(1) A transfer scheme may provide for the appointment as...

        6. 6.Property, rights and liabilities, etc.

        7. 7.Consultation

        8. 8.Termination of employment

      2. Part 2 Amendments

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

        2. 10.Regulation of Investigatory Powers Act 2000 (c. 23)

        3. 11.Police Reform Act 2002 (c. 30)

        4. 12.(1) Section 82 (police nationality requirements) is amended as follows....

        5. 13.(1) Schedule 4 (powers exercisable by police civilians) is amended...

    14. SCHEDULE 14

      Amendments of Part 5 of Police Act 1997

      1. 1.Part 5 of the Police Act 1997 (c. 50) (certificates...

      2. 2.In section 114(3) for “Section 113(3) to (5)” substitute “Sections...

      3. 3.In section 116— (a) in the application to Scotland of...

      4. 4.In section 119— (a) in subsection (1A) for “section 113(3A)...

      5. 5.In section 119A(2) for the words from “under” to “adults)”...

      6. 6.In section 120— (a) in subsection (3)(b) for “113 or...

      7. 7.In section 120ZA(4)(b) for “113 or 115” substitute “113A or...

      8. 8.In section 120A (as inserted by section 134(1) of the...

      9. 9.In section 120B (as inserted by section 70 of the...

      10. 10.In section 121 for “under section 114(2), 115(4) or (10),...

      11. 11.In section 122(3) and (4)(b) for “113 or 115” substitute...

      12. 12.In section 124— (a) in subsections (1), (2), (3), (4)...

      13. 13.In section 124B— (a) in subsection (1) for “113” substitute...

      14. 14.In section 125, at the end add—

    15. SCHEDULE 15

      Private Security Industry Act 2001: Scottish extent

      1. 1.The Private Security Industry Act 2001 (c. 12) is amended...

      2. 2.In section 2 (directions etc. by the Secretary of State)—...

      3. 3.After section 2 insert— Authority to be treated as cross-border...

      4. 4.In section 3 (conduct prohibited without a licence), after subsection...

      5. 5.In section 7 (licensing criteria), after subsection (5) insert—

      6. 6.In section 11 (appeals in licensing matters)—

      7. 7.In section 13 (licensing at local authority level), at the...

      8. 8.In section 15(1) (duty to secure arrangements are in force...

      9. 9.In section 18 (appeals relating to approvals)—

      10. 10.In section 23 (criminal liability of directors etc.), the existing...

      11. 11.In section 24 (consultation with Security Industry Authority before making...

      12. 12.In section 26 (short title, commencement and extent)—

      13. 13.In Schedule 1 (the Security Industry Authority)—

      14. 14.In Schedule 2 (activities liable to control under the Private...

    16. SCHEDULE 16

      Remaining minor and consequential amendments (search warrants)

      1. 1.Incitement to Disaffection Act 1934 (c. 56)

      2. 2.Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)

      3. 3.Wireless Telegraphy Act 1949 (c. 54)

      4. 4.Licensing Act 1964 (c. 26)

      5. 5.Biological Weapons Act 1974 (c. 6)

      6. 6.Copyright, Designs and Patents Act 1988 (c. 48)

      7. 7.Computer Misuse Act 1990 (c. 18)

      8. 8.Trade Marks Act 1994 (c. 26)

    17. SCHEDULE 17

      Repeals and revocations

      1. Part 1 Repeals coming into force on Royal Assent

      2. Part 2 Other repeals and revocations

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: