Office of Public Sector Information
SCHEDULE 4 continued
(4) In subsection (8) for the words from “paragraph” to “subsection (1)” substitute “paragraph (aa), (b), (c), (cc), (cd), (ce), (cf) or (d) of subsection (1)”.
83 (1) Section 98 (cross-border aid) is amended as follows.
(2) In subsections (2) and (3)—
(a) omit “or the Director General of the National Crime Squad”, and
(b) omit “or the National Crime Squad”.
(3) Omit subsection (3A).
(4) In subsection (4)—
(a) omit “or the National Crime Squad”,
(b) for “(2), (3) or (3A)” substitute “(2) or (3)”, and
(c) omit “or the Director General of the National Crime Squad”.
(5) In subsection (5)—
(a) omit “or the National Crime Squad” (in both places), and
(b) omit “or the Director General of the National Crime Squad”.
(6) Omit subsection (6A).
84 The Employment Rights Act 1996 has effect subject to the following amendments.
85 In section 43KA(2) (application of Part 4A of that Act to the police) for paragraphs (b) and (c) substitute—
“(b) in relation to a member of a police force seconded to the Serious Organised Crime Agency to serve as a member of its staff, that Agency; and”.
86 In section 50(2) (right to time off for public duties) omit paragraph (ca).
87 In section 134A (application of section 100 of that Act to the police) after subsection (2) add—
“(3) Subsection (1) does not apply to the holding of the office of constable by a member of a police force on secondment to the Serious Organised Crime Agency.”
88 In Schedule 2 to the Juries (Northern Ireland) Order 1996 omit the entry relating to members of the National Criminal Intelligence Service, members of the Service Authority for the National Criminal Intelligence Service and persons employed by the Authority.
89 The Employment Rights (Northern Ireland) Order 1996 has effect subject to the following amendments.
90 In Article 67KA(3) (application of Part VA of that Order to the police) omit sub-paragraph (b).
91 In Article 72A(2) (application of Article 68 of that Order to the police) omit sub-paragraph (b).
92 In Article 169A(2) (application of Article 132 of that Order to the police) omit sub-paragraph (b).
93 In section 5(3) of the Police (Health and Safety) Act 1997—
(a) in the definition of “relevant authority” omit paragraphs (c) and (d),
(b) in the definition of “relevant fund” omit paragraphs (b) and (c), and
(c) in the definition of “responsible officer” omit paragraph (b).
94 The Police Act 1997 has effect subject to the following amendments.
95 Omit sections 1 to 87 (provision about NCIS and NCS and their Service Authorities).
96 Omit sections 89 and 90 (general provision about NCS).
97 (1) Section 93 (authorisations to interfere with property) is amended as follows.
(2) In subsection (1B) after “officer is a” insert “member of the staff of the Serious Organised Crime Agency,”.
(3) In subsection (3) for paragraphs (b) and (c) substitute—
“(b) if the authorising officer is within subsection (5)(f), by a member of the staff of the Serious Organised Crime Agency,”.
(4) In subsection (5) for paragraphs (f) and (g) substitute—
“(f) the Director General of the Serious Organised Crime Agency, or any member of the staff of that Agency who is designated for the purposes of this paragraph by that Director General;”.
(5) In subsection (6) omit paragraphs (d) and (e).
98 (1) Section 94 (authorisations in absence of authorising officer) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a) for “or (e)” substitute “, (e) or (f)”,
(b) at the end of paragraph (a) insert “or”,
(c) in paragraph (b) for “, (d) or (f)” substitute “or (d)”, and
(d) omit paragraph (c) and the word “or” before it.
(3) In subsection (2) for paragraphs (e) and (ea) substitute—
“(e) where the authorising officer is within paragraph (f) of that subsection, by a person designated for the purposes of this section by the Director General of the Serious Organised Crime Agency;”.
(4) Omit subsections (3) and (4)(c).
99 (1) Section 95 (form and duration of authorisations) is amended as follows.
(2) In subsection (6) for “or (g)” substitute “or (f)”.
(3) In subsection (7) for “, (d), (f) or (g)” substitute “or (d)”.
100 (1) Section 97 (authorisations requiring approval) is amended as follows.
(2) In subsection (6A)—
(a) for “, (e) or (g)” substitute “or (e)”, and
(b) for “, Chief Constable or, as the case may be, Director General” substitute “or, as the case may be, Chief Constable”.
(3) After subsection (6A) insert—
“(6B) The reference in subsection (6) to the authorising officer who gave the authorisation or in whose absence it was given shall be construed—
(a) in the case of an authorisation given by a person within paragraph (f) of section 93(5), as a reference to that person, and
(b) in the case of an authorisation given in the absence of such a person, as a reference to a member of the staff of the Serious Organised Crime Agency who is designated for the purposes of this section by the Director General of that Agency.”
101 In section 105(3) (supplementary provision about appeals) for “, (d), (f) or (g)” substitute “or (d)”.
102 In section 107(4)(b) (exclusions from Chief Commissioner’s report) for “Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad” substitute “Serious Organised Crime Agency”.
103 (1) Section 109 (Police Information Technology Organisation) is amended as follows.
(2) In subsection (3) after “police forces,” insert—
“(aa) the Serious Organised Crime Agency,”.
(3) In subsection (4) for “(a) or (b)” substitute “(a), (aa) or (b)”.
104 (1) Section 111 (interpretation of Part 5) is amended as follows.
(2) In subsection (1)—
(a) at the end of paragraph (a) insert “and”, and
(b) omit paragraphs (c) and (d).
(3) In subsection (2)—
(a) at the end of paragraph (b) insert “and”, and
(b) omit paragraphs (d) and (e).
(4) In subsection (3)—
(a) at the end of paragraph (a) insert “and”, and
(b) omit paragraphs (c) and (d).
105 In section 137(2) (extent) omit paragraphs (b) and (c).
106 Omit Schedules 1 to 2A (Service Authorities for NCIS and NCS).
107 The Race Relations (Northern Ireland) Order 1997 has effect subject to the following amendments.
108 In Article 72A(8) (police officers) for “section 23 of the Police Act 1997” substitute “section 23 or 24 of the Serious Organised Crime and Police Act 2005”.
109 In Article 72B (other police bodies), for paragraph (6) substitute—
“(6) In this Article, in relation to any body of constables—
(a) “chief officer of police” means the person who has the direction and control of the body;
(b) “police authority” means the authority by which the members of the body are paid; and
(c) “police fund” means money provided by that authority.”
110 In Article 7(3) of the Police (Health and Safety) (Northern Ireland) Order 1997—
(a) in the definition of “the relevant authority”, omit sub-paragraph (b),
(b) in the definition of “the relevant fund”, omit sub-paragraph (a), and
(c) in the definition of “the responsible officer”, omit sub-paragraph (b).
111 In section 32(1) of the Audit Commission Act 1998 (documents to be sent by the Audit Commission to the Secretary of State), for the words from “relates to—” onwards substitute “relates to a police authority established under section 3 of the Police Act 1996.”
112 In section 56(6) of the Data Protection Act 1998 (prohibition of requirement to produce certain records), in the first entry in the first column of the Table, for paragraphs (d) and (e) substitute—
“(d) the Director General of the Serious Organised Crime Agency.”
113 The Police (Northern Ireland) Act 1998 has effect subject to the following amendments.
114 (1) Section 27 (members of Police Service of Northern Ireland engaged on other police service) is amended as follows.
(2) In subsection (1)—
(a) omit paragraph (b), and
(b) after paragraph (ca) insert—
“(cb) seconded service as a member of the staff of the Serious Organised Crime Agency on which a member of the Police Service of Northern Ireland is engaged with the consent of the Chief Constable;”.
(3) In subsection (5)(b) for the words from “subsection (1)(aa)” to “or (j)” substitute “subsection (1)(aa), (c), (ca), (cb), (d), (e), (f), (h) or (j)”.
(4) In subsection (7) for “(1)(b), (c) or (ca)” substitute “(1)(c), (ca) or (cb)”.
115 In section 29(5) (liability for wrongful acts of constables) for “section 23 of the Police Act 1997” substitute “section 23 or 24 of the Serious Organised Crime and Police Act 2005”.
116 In section 41 (inspectors of constabulary) for subsections (3) and (3A) substitute—
“(3A) The Secretary of State may at any time require the inspectors to carry out an inspection under this section of the Police Service of Northern Ireland; and a requirement under this subsection may include a requirement for the inspection to be confined to a particular part of the Service, to particular matters or to particular activities of the Service.”
117 (1) Section 42 (publication of reports of inspectors of constabulary) is amended as follows.
(2) In subsection (1) omit “, (3)”.
(3) Omit subsection (7).
118 Omit section 113 of the Crime and Disorder Act 1998 (deputy authorising officer under Part 3 of Police Act 1997).
119 The Fair Employment and Treatment (Northern Ireland) Order 1998 has effect subject to the following amendments.
120 In Article 94(6) (police officers) for “section 23 of the Police Act 1997” substitute “section 23 or 24 of the Serious Organised Crime and Police Act 2005”.
121 In Article 94A (other police bodies), for paragraph (6) substitute—
“(6) In this Article, in relation to any body of constables—
(a) “chief officer of police” means the person who has the direction and control of the body;
(b) “police authority” means the authority by which the members of the body are paid; and
(c) “police fund” means money provided by that authority.”
122 The Immigration and Asylum Act 1999 has effect subject to the following amendments.
123 In section 20(1) (supply of information to Secretary of State) for paragraphs (b) and (c) substitute—
“(b) the Serious Organised Crime Agency;”.
124 (1) Section 21 (supply of information by Secretary of State) is amended as follows.
(2) In subsection (1) for paragraphs (b) and (c) substitute—
“(b) the Serious Organised Crime Agency, for use for SOCA purposes;”.
(3) For subsections (4) and (5) substitute—
“(4) “SOCA purposes” means any of the functions of the Serious Organised Crime Agency mentioned in section 2, 3 or 5 of the Serious Organised Crime and Police Act 2005.”
125 The Terrorism Act 2000 has effect subject to the following amendments.
126 In section 19(7B) (duty to disclose information)—
(a) for “person” substitute “member of the staff of the Serious Organised Crime Agency”, and
(b) for “the National Criminal Intelligence Service” substitute “that Agency”.
127 In section 20(5) (permission to disclose information)—
(a) for “person” substitute “member of the staff of the Serious Organised Crime Agency”, and
(b) for “the National Criminal Intelligence Service” substitute “that Agency”.
128 In section 21A(14) (failure to disclose: regulated sector)—
(a) for “person” substitute “member of the staff of the Serious Organised Crime Agency”, and
(b) for “the National Criminal Intelligence Service” substitute “that Agency”.
129 In section 21B(7) (protected disclosures)—
(a) for “person” substitute “member of the staff of the Serious Organised Crime Agency”, and
(b) for “the National Criminal Intelligence Service” substitute “that Agency”.
130 In Schedule 14 (exercise of officers' powers), in paragraph 4(1), for paragraph (d) substitute—
“(d) to the Serious Organised Crime Agency;”.
131 The Regulation of Investigatory Powers Act 2000 has effect subject to the following amendments.
132 (1) Section 6 (application for issue of an interception warrant) is amended as follows.
(2) In subsection (2)(d) for “National Criminal Intelligence Service” substitute “Serious Organised Crime Agency”.
(3) In subsection (3) after “specified in” insert “paragraph (a), (b), (c), (e), (f), (g), (h), (i) or (j)”.
133 (1) In section 17(3) (exclusion of matters from legal proceedings) for paragraphs (c) and (d) substitute—
“(c) any member of the staff of the Serious Organised Crime Agency;”.
(2) Sub-paragraph (1) does not affect the operation of section 17 in relation to conduct by any member of the National Criminal Intelligence Service or the National Crime Squad which took place before the commencement of this paragraph.
134 (1) In section 19(2) (unauthorised disclosures) for paragraphs (c) and (d) substitute—
“(c) every member of the staff of the Serious Organised Crime Agency;”.
(2) Sub-paragraph (1) does not affect the operation of section 19 in relation to any person’s service as a member of the National Criminal Intelligence Service or the National Crime Squad before the commencement of this paragraph.
135 (1) Section 25 (interpretation) is amended as follows.
(2) In subsection (1), in the definition of “relevant public authority”, for paragraphs (b) and (c) substitute—
“(b) the Serious Organised Crime Agency;”.
(3) After subsection (3) insert—
“(3A) References in this Chapter to an individual holding an office or position with the Serious Organised Crime Agency include references to any member of the staff of that Agency.”
(4) For subsections (4) and (5) substitute—
“(4) The Secretary of State may by order—
(a) remove any person from the list of persons who are for the time being relevant public authorities for the purposes of this Chapter; and
(b) make such consequential amendments, repeals or revocations in this or any other enactment as appear to him to be necessary or expedient.
(5) The Secretary of State shall not make an order under this section—
(a) that adds any person to the list of persons who are for the time being relevant public authorities for the purposes of this Chapter, or
(b) that by virtue of subsection (4)(b) amends or repeals any provision of an Act,
unless a draft of the order has been laid before Parliament and approved by a resolution of each House.”
136 In section 32(6) (authorisation of intrusive surveillance) for paragraphs (k) and (l) substitute—
“(k) the Director General of the Serious Organised Crime Agency and any member of the staff of that Agency who is designated for the purposes of this paragraph by that Director General;”.
137 (1) Section 33 (rules for grant of authorisation) is amended as follows.
(2) In subsection (1)—
(a) omit “, the National Criminal Intelligence Service or the National Crime Squad”, and
(b) omit “, Service or Squad”.
(3) After subsection (1) insert—
“(1A) A person who is a designated person for the purposes of section 28 or 29 by reference to his office or position with the Serious Organised Crime Agency shall not grant an authorisation under that section except on an application made by a member of the staff of the Agency.”
(4) In subsection (3)—
(a) omit “, the National Criminal Intelligence Service or the National Crime Squad”, and
(b) omit (in both places) “, Service or Squad”.
(5) After subsection (3) insert—
“(3A) The Director General of the Serious Organised Crime Agency or a person designated for the purposes of section 32(6)(k) by that Director General shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by a member of the staff of the Agency.”
(6) In subsection (5)(a) for “the National Criminal Intelligence Service or the National Crime Squad,” substitute “a member of the staff of the Serious Organised Crime Agency,”.
(7) In subsection (6)—
(a) in paragraph (e) omit “and also of the National Criminal Intelligence Service”, and
(b) omit paragraph (f).
138 (1) Section 34 (grant of authorisations in absence of senior officer) is amended as follows.
(2) In subsection (1)(a) for “of the National Criminal Intelligence Service or of the National Crime Squad” substitute “a member of the staff of the Serious Organised Crime Agency”.
(3) In subsection (2)(a) for “, Service or Squad” substitute “or Agency”.
(4) In subsection (4) for paragraphs (j) and (k) substitute—
“(j) a person is entitled to act for the Director General of the Serious Organised Crime Agency if he is a person designated for the purposes of this paragraph by that Director General as a person entitled so to act in an urgent case;”.
(5) Omit subsection (5).
(6) Omit subsection (6)(c).
139 (1) Section 35 (notification of certain authorisations) is amended as follows.
(2) In subsection (1) for “police, customs” substitute “police, SOCA, customs”.
(3) In subsection (10)—
(a) for “police, customs” substitute “police, SOCA, customs”, and
(b) in paragraph (a) for “, the National Criminal Intelligence Service or the National Crime Squad” substitute “or the Serious Organised Crime Agency”.
140 (1) Section 36 (approval required for authorisations to take effect) is amended as follows.
(2) In subsection (1) for paragraphs (b) and (c) substitute—
“(b) a member of the staff of the Serious Organised Crime Agency;”.
(3) In subsection (6)—
(a) in paragraph (b) for “National Criminal Intelligence Service or the Director General of the National Crime Squad,” substitute “Serious Organised Crime Agency,”, and
(b) for paragraphs (d) and (e) substitute—
“(d) where the authorisation was granted by a person designated for the purposes of section 32(6)(k), or by a person entitled to act for the Director General of the Serious Organised Crime Agency by virtue of section 34(4)(j), that Director General;”.
141 In section 37(1) (quashing of police and customs authorisations) for paragraphs (b) and (c) substitute—
“(b) a member of the staff of the Serious Organised Crime Agency;”.
142 In section 40 (duty to provide information to Surveillance Commissioners) for paragraphs (b) and (c) substitute—
“(b) every member of the staff of the Serious Organised Crime Agency,”.
143 In section 45(6) (cancellation of authorisations)—
(a) at the end of paragraph (b) insert “and”, and
(b) omit paragraphs (d) and (e).
144 In section 46(3) (restriction on authorisations extending to Scotland) after paragraph (da) insert—
“(db) the Serious Organised Crime Agency;”.
145 In section 49(1)(e) (notices requiring disclosure) after “the police” (in both places) insert “, SOCA”.
146 (1) Section 51 (cases in which key required) is amended as follows.
(2) In subsection (2)—
(a) for “the police, the customs” substitute “the police, SOCA, the customs”, and
(b) after paragraph (a) insert—
“(aa) in the case of a direction by SOCA, except by or with the permission of the Director General of the Serious Organised Crime Agency;”.
(3) In subsection (3) after “of police,” insert “the Director General of the Serious Organised Crime Agency,”.
(4) In subsection (6) after “of police,” insert “by the Director General of the Serious Organised Crime Agency,”.
147 In section 54(3) (tipping-off) after “police” (in both places) insert “SOCA,”.
148 (1) Section 55 (duties of specified authorities) is amended as follows.
(2) In subsection (1) after paragraph (b) insert—
“(ba) the Director General of the Serious Organised Crime Agency;”.
(3) After subsection (3) insert—
“(3A) Paragraph 11 of Schedule 1 to the Serious Organised Crime and Police Act 2005 does not apply in relation to the duties of the Director General of the Serious Organised Crime Agency under this section.”
149 In section 56(1) (interpretation)—
(a) in the definition of “chief officer of police” omit paragraphs (j) and (k),
(b) in paragraph (a) of the definition of “the police” after “constable” insert “(except a constable who is a member of the staff of the Serious Organised Crime Agency)”, and
(c) after the definition of “section 49 notice” insert—
““SOCA” means the Serious Organised Crime Agency or any member of the staff of the Serious Organised Crime Agency;”.
150 In section 58(1) (co-operation with Commissioner) for paragraphs (b) and (c) substitute—
“(b) every member of the staff of the Serious Organised Crime Agency,”.
151 In section 65(6) (the Tribunal) for paragraphs (d) and (e) substitute—
“(d) the Serious Organised Crime Agency; or”.
152 In section 68(7) (disclosure to Tribunal) for paragraphs (b) and (c) substitute—
“(b) every member of the staff of the Serious Organised Crime Agency;”.
153 In section 75(6) (authorisations under Part 3 of Police Act 1997) omit paragraph (b).
154 (1) Section 76A (foreign surveillance operations) is amended as follows.
(2) In subsection (6)(a) for “National Criminal Intelligence Service” substitute “Serious Organised Crime Agency”.
(3) In subsection (11), in the definition of “United Kingdom officer”—
(a) in paragraph (b) for “National Criminal Intelligence Service” substitute “staff of the Serious Organised Crime Agency”, and
(b) in paragraph (c) omit “the National Crime Squad or”.
Serious Organised Crime and Police Act 2005