Office of Public Sector Information
Section 59
1 (1) Section 75 of the Explosives Act 1875 is amended as follows.
(2) In subsection (1)—
(a) after “chief officer of police,” insert “the Director General of the Serious Organised Crime Agency,”, and
(b) after “any officer of police,” insert “designated person,”.
(3) For subsection (2) substitute—
“(2) In subsection (1) “designated person” means a member of the staff of the Serious Organised Crime Agency who is for the time being designated under section 43 of the Serious Organised Crime and Police Act 2005 as a person having the powers of a constable (but this is subject to any limitation specified in such a person’s designation under that section).”
2 (1) Section 2A of the Police (Property) Act 1897 (application to NCS) is amended as follows.
(2) For “National Crime Squad” (in each place) substitute “Serious Organised Crime Agency”.
(3) In subsection (2)—
(a) in paragraph (a) for “member of that Squad” substitute “member of the staff of that Agency”, and
(b) in paragraph (b) for “Squad” substitute “Agency”.
(4) In subsection (3)—
(a) in paragraph (a) for “the Service Authority for that Squad” substitute “that Agency”, and
(b) in paragraph (b) for “Squad” substitute “Agency”.
(5) In the heading, for “NCS” substitute “SOCA”.
3 In section 83BC(2) of the Army Act 1955 (police forces which may be advised by prosecuting authority) omit paragraph (k).
4 In section 83BC(2) of the Air Force Act 1955 (police forces which may be advised by prosecuting authority) omit paragraph (k).
5 In section 52IJ(2) of the Naval Discipline Act 1957 (police forces which may be advised by prosecuting authority) omit paragraph (k).
6 In Schedule 1 to the Public Records Act 1958 (definition of public records) in Part 2 of the Table at the end of paragraph 3—
(a) at the appropriate place insert—
“Serious Organised Crime Agency.”; and
(b) omit the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service.
7 The Trustee Investments Act 1961 has effect subject to the following amendments.
8 In section 11(4) (local authority investment schemes)—
(a) in paragraph (a) omit “, the Service Authority for the National Crime Squad”, and
(b) omit paragraph (e).
9 In Part 2 of Schedule 1 (narrower-range investments requiring advice) omit paragraph 9(da).
10 In section 90(4) of the Offices, Shops and Railway Premises Act 1963 (persons taken to be employed for the purposes of the Act)—
(a) at the end of paragraph (c) insert “or”; and
(b) for paragraph (d) substitute—
“(d) a member of a police force seconded to the Serious Organised Crime Agency to serve as a member of its staff.”
11 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) omit the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service.
12 The Police (Scotland) Act 1967 has effect subject to the following amendments.
13 In section 33 (inspectors of constabulary), in subsections (3) and (4), omit “and the National Criminal Intelligence Service”.
14 (1) Section 38A (constables engaged on service outside their force) is amended as follows.
(2) In subsection (1)—
(a) omit paragraph (ba), and
(b) after paragraph (bb) insert—
“(bc) relevant service as a member of the staff of the Serious Organised Crime Agency on which a person is engaged with the consent of the appropriate authority,”.
(3) In subsection (6)(a) for “(ba) or (bb), (e) or (f)” substitute “(bb), (bc), (e) or (f)”.
15 In section 39(4) (liability for wrongful acts of constables) for “section 23 of the Police Act 1997” substitute “section 23 or 25 of the Serious Organised Crime and Police Act 2005”.
16 In section 41(4)(a) (assaults on constables) omit “or by a member of the National Criminal Intelligence Service or of the National Crime Squad”.
17 In section 28(5) of the Leasehold Reform Act 1967 (bodies retaining or resuming land required for public services) omit paragraph (bc).
18 In section 54(3)(c) of the Firearms Act 1968 (application of Parts 1 and 2 to crown servants) for “National Criminal Intelligence Service or the National Crime Squad” substitute “staff of the Serious Organised Crime Agency”.
19 In section 13(7) of the Employment Agencies Act 1973 (interpretation), in paragraph (f), omit “, the Service Authority for the National Criminal Intelligence Service, the Service Authority for the National Crime Squad”.
20 In section 51A(2) of the Health and Safety at Work etc. Act 1974 (application of Part 1 of the Act to the police) for paragraph (b) 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, means that Agency, and”.
21 In section 12(1) of the District Courts (Scotland) Act 1975 (restriction of functions of justices who are councillors etc.) after “authority” insert “or a member of staff of the Serious Organised Crime Agency”.
22 The House of Commons Disqualification Act 1975 has effect subject to the following amendments.
23 In section 1(1) (disqualification for membership of House of Commons) omit paragraph (da).
24 (1) Schedule 1 (disqualifying offices) is amended as follows.
(2) In Part 2—
(a) at the appropriate place insert—
“The Serious Organised Crime Agency.”; and
(b) omit the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service.
(3) In Part 3, at the appropriate place insert—
“Member of the staff of the Serious Organised Crime Agency.”
25 The Northern Ireland Assembly Disqualification Act 1975 has effect subject to the following amendments.
26 In section 1(1) (disqualification for membership of Assembly) omit paragraph (da).
27 (1) Schedule 1 (disqualifying offices) is amended as follows.
(2) In Part 2—
(a) at the appropriate place insert—
“The Serious Organised Crime Agency.”; and
(b) omit the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service.
(3) In Part 3, at the appropriate place insert—
“Member of the staff of the Serious Organised Crime Agency.”
28 In section 17 of the Sex Discrimination Act 1975 (police), in subsection (7)—
(a) in the definition of “chief officer of police”, omit paragraph (aa);
(b) in the definition of “police authority”, omit paragraph (aa); and
(c) in the definition of “police fund”, omit the words from “, in relation to” (in the second place where they occur) to “the Police Act 1997”.
29 The Police Pensions Act 1976 has effect subject to the following amendments.
30 In section 7(2) (payment of pensions and contributions), at the beginning of each of paragraphs (ca) to (cd), insert “an employee of SOCA and who immediately before he became an employee of SOCA was serving as”.
31 (1) Section 11 (interpretation) is amended as follows.
(2) In subsection (1), at the beginning of each of paragraphs (ba), (bb), (bc) and (bd), after “service” insert “as an employee of SOCA by a person who immediately before he became an employee of SOCA was serving”.
(3) In subsection (2) for paragraphs (c) and (d) substitute—
“(c) in relation to any such service as is mentioned in paragraph (ba), (bb), (bc) or (bd) of subsection (1) or any service of the kind described in section 97(1)(cf) of the Police Act 1997 or section 38A(1)(bc) of the Police (Scotland) Act 1967, it means SOCA;”.
(4) In subsection (5), in the definition of “central service”—
(a) in paragraph (a) omit “(ca), (cb),” and after “(cc)” insert “, (cf)”, and
(b) in paragraph (b) for “(ba) or (bb)” substitute “(bb) or (bc)”.
(5) After the definition of “pension rights” in that subsection add—
““SOCA” means the Serious Organised Crime Agency.”
32 Paragraphs 30 and 31 (and the corresponding entry in Schedule 17) do not affect the operation of the Police Pensions Act 1976 in relation to any person’s service of any of the following kinds—
(a) service as the Director General of the National Criminal Intelligence Service;
(b) service as the Director General of the National Crime Squad;
(c) service as a police member of the National Criminal Intelligence Service appointed under subsection (1)(b) of section 9 of the Police Act 1997 (c. 50) by virtue of subsection (2)(a) of that section;
(d) service as a police member of the National Crime Squad appointed under subsection (1)(b) of section 55 of the Police Act 1997 by virtue of subsection (2)(a) of that section;
(e) relevant service within paragraph (ca) or (cb) of section 97(1) of the Police Act 1996 (c. 16);
(f) relevant service within section 38A(1)(ba) of the Police (Scotland) Act 1967 (c. 77).
33 The Race Relations Act 1976 has effect subject to the following amendments.
34 (1) Section 76B (other police bodies) is amended as follows.
(2) Omit subsection (1).
(3) In subsection (2) omit the word “also”.
(4) After subsection (2) insert—
“(2A) Constables serving with the Serious Organised Crime Agency do not constitute a body of constables for the purposes of subsection (2).”
35 In Schedule 1A (bodies and other persons subject to general statutory duty)—
(a) in Part 1 omit paragraphs 59 and 60,
(b) in Part 2 at the appropriate place under the heading “Other Bodies, Etc” insert—
“The Serious Organised Crime Agency.”; and
(c) in Part 3 omit the entry relating to the Director General of the National Crime Squad.
36 The Sex Discrimination (Northern Ireland) Order 1976 has effect subject to the following amendments.
37 In Article 84(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”.
38 In Article 85 (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.”
39 In Article 47A(2) of the Health and Safety at Work (Northern Ireland) Order 1978 (application of Part II of the Order to the police) omit sub-paragraph (b).
40 In Part 1 of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (persons ineligible for jury service) in Group B, after paragraph (nb) insert—
“(nc) members of staff of the Serious Organised Crime Agency;”.
41 In Schedule 1 to the Stock Transfer Act 1982 (securities specified for the purposes of the Act) in paragraph 7(1)—
(a) at the end of paragraph (b) insert “or”; and
(b) omit paragraph (bb) and the word “or” before it.
42 (1) Section 87 of the Road Traffic Regulation Act 1984 (exemption of fire, ambulance and police vehicles from speed limits) is amended as follows.
(2) The existing text of that section is to be subsection (1).
(3) After that subsection add—
“(2) Subsection (1) above applies in relation to a vehicle being used—
(a) for Serious Organised Crime Agency purposes, or
(b) for training persons to drive vehicles for use for Serious Organised Crime Agency purposes,
as it applies in relation to a vehicle being used for police purposes.
(3) But (except where it is being used for training the person by whom it is being driven) subsection (1) above does not apply in relation to a vehicle by virtue of subsection (2) above unless it is being driven by a person who has been trained in driving vehicles at high speeds.”
43 The Police and Criminal Evidence Act 1984 has effect subject to the following amendments.
44 In section 5 (reports of recorded searches and road checks) omit subsection (1A).
45 In section 55 (intimate searches) omit subsection (14A).
46 In section 63A(1A) (supplementary provision about fingerprints and samples) for paragraphs (b) and (c) substitute—
“(b) the Serious Organised Crime Agency;”.
47 In section 3(3) of the Prosecution of Offences Act 1985 (functions of Director of Public Prosecutions), in the definition of “police force”, omit “, the National Crime Squad”.
48 The Ministry of Defence Police Act 1987 has effect subject to the following amendments.
49 In section 2B(3) (constables serving with other forces), in the definitions of “chief officer” and “relevant force”, omit paragraphs (c) and (d).
50 After section 2B insert—
(1) A member of the Ministry of Defence Police serving with the Serious Organised Crime Agency under arrangements to which subsection (2) applies shall—
(a) be under the direction and control of the Serious Organised Crime Agency, and
(b) continue to be a constable.
(2) This subsection applies to arrangements made between—
(a) the Serious Organised Crime Agency, and
(b) the chief constable of the Ministry of Defence Police.”
51 In section 19(a) of the Dartford-Thurrock Crossing Act 1988 (exemption from tolls) for sub-paragraph (ia) substitute—
“(ia) the Serious Organised Crime Agency;”.
52 The Road Traffic Act 1988 shall have effect subject to the following amendments.
53 (1) In section 124 (exemption from requirements regarding paid driving instruction) after subsection (1) insert—
“(1A) Section 123(1) and (2) also does not apply to the giving of instruction by a SOCA instructor in pursuance of arrangements made by the Director General of the Serious Organised Crime Agency.
In this subsection “SOCA instructor” means a member of the staff of the Serious Organised Crime Agency whose duties consist of or include the giving instruction in the driving of motor cars to other members of the Agency’s staff.”
(2) In subsection (2) of that section, omit the definitions of “chief officer of police”, “police authority” and “police force”.
54 In section 144(2) (exemption from requirement of third-party insurance or security) omit paragraph (ba).
55 The Security Service Act 1989 has effect subject to the following amendments.
56 In section 1(4) (functions of the Security Service) for “, the National Criminal Intelligence Service, the National Crime Squad” substitute “, the Serious Organised Crime Agency”.
57 In section 2(2)(c) (duties of the Director General)—
(a) for “the Director General of the National Criminal Intelligence Service” substitute “the Director General of the Serious Organised Crime Agency”, and
(b) for “, the National Criminal Intelligence Service, the National Crime Squad” substitute “, the Serious Organised Crime Agency”.
58 In section 12(1)(e) of the Official Secrets Act 1989 (meaning of “Crown servant” in that Act) for “or of the National Criminal Intelligence Service or the National Crime Squad” substitute “or of the Serious Organised Crime Agency”.
59 In section 22(4)(b) of the Aviation and Maritime Security Act 1990 (searches in harbour areas) omit sub-paragraph (iii) and the word “or” before it.
60 The Tribunals and Inquiries Act 1992 has effect subject to the following amendments.
61 In section 7(2) (removal of members of certain tribunals) after “36A” omit “(a) or (b)”.
62 In Schedule 1 (tribunals under supervision of Council on Tribunals) in paragraph 36A omit “(a)” and sub-paragraph (b).
63 (1) Section 22 of the Criminal Appeal Act 1995 (meaning of “public body” etc.) has effect subject to the following amendments.
(2) In subsection (2)—
(a) in paragraph (a) omit “, the National Crime Squad”,
(b) in paragraph (b)—
(i) at the end of sub-paragraph (i) insert “and”,
(ii) omit sub-paragraph (ii), and
(iii) at the end of sub-paragraph (iii) insert “and”,
(c) in paragraph (c) for “, the City of London police force or the National Crime Squad” substitute “or the City of London police force”, and
(d) omit paragraphs (d) and (e).
(3) In subsection (4) for paragraph (aa) substitute—
“(aa) in relation to the Serious Organised Crime Agency, the Director General of that Agency,”.
64 The Disability Discrimination Act 1995 has effect subject to the following amendments.
65 (1) The section 64A (police) inserted by the Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673) is amended as follows.
(2) In subsection (7)—
(a) in the definition of “chief officer of police”, omit paragraph (b),
(b) in the definition of “police authority”, omit paragraph (b), and
(c) in the definition of “police fund”, omit paragraph (b).
66 In the section 64A (police) inserted by the Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), in subsection (6)(a), for “section 23 of the Police Act 1997” substitute “section 23 or 24 of the Serious Organised Crime and Police Act 2005”.
67 (1) The section 64B (other police bodies) inserted by the Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004 is amended as follows.
(2) For subsection (6) substitute—
“(6) Subject to subsection (8), in this section 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.”
68 The Police Act 1996 has effect subject to the following amendments.
69 Omit section 23(8) (collaboration agreements).
70 Omit section 24(5) (mutual aid).
71 (1) Section 54 (appointment and functions of inspectors of constabulary) is amended as follows.
(2) In subsection (2) omit “the National Criminal Intelligence Service and the National Crime Squad”.
(3) For subsection (2B) substitute—
“(2B) The Secretary of State may at any time require the inspectors of constabulary to carry out an inspection under this section of a police force maintained for any police area; and a requirement under this subsection may include a requirement for the inspection to be confined to a particular part of the force in question, to particular matters or to particular activities of that force.”
72 In section 55 (publication of reports) omit subsection (7).
73 (1) Section 57 (common services) is amended as follows.
(2) In subsection (3A)—
(a) for “National Crime Squad” substitute “Serious Organised Crime Agency”, and
(b) for “Squad for the Squad” substitute “Agency for the Agency”.
(3) For subsection (4)(c) substitute—
“(c) if the regulations relate to the Serious Organised Crime Agency, that Agency.”
74 Omit section 59(8) (police federations).
75 Omit section 60(2A) (regulations for police federations).
76 In section 61(1) (police negotiating board) omit paragraphs (aa) and (ba).
77 (1) Section 62 (functions of negotiating board with respect to regulations) is amended as follows.
(2) In subsection (1) omit paragraphs (aa) and (ab).
(3) Omit the subsection (1A) inserted by paragraph 82(2) of Schedule 9 to the Police Act 1997 (c. 50).
(4) Omit subsections (1B) and (1C).
(5) In subsection (2) for “subsection (1), (1A) or (1B)” substitute “subsection (1) or (1A)”.
78 (1) Section 63 (police advisory boards) is amended as follows.
(2) Omit subsections (1A) and (1B).
(3) For subsection (3) substitute—
“(3) Before making—
(a) regulations under section 50 or 52, other than regulations with respect to any of the matters mentioned in section 61(1), or
(b) regulations under Part 2 of the Police Reform Act 2002,
the Secretary of State shall supply the Police Advisory Board for England and Wales with a draft of the regulations, and take into consideration any representations made by that Board.”
79 In section 64 (membership of trade unions) omit subsections (4A) and (4B).
80 (1) Section 88 (liability for wrongful acts of constables) is amended as follows.
(2) In subsection (5)(b) omit “or section 23 of the Police Act 1997”.
(3) After subsection (5) insert—
“(5A) This section shall have effect where, by virtue of section 23 or 24 of the Serious Organised Crime and Police Act 2005, a member of the staff of the Serious Organised Crime Agency who is neither a constable nor an employee of the police authority is provided to a police force as if—
(a) any unlawful conduct of his in the performance or purported performance of his functions were unlawful conduct of a constable under the direction and control of the chief officer of police of that force; and
(b) subsection (4) applied to him in the case of the police authority maintaining that force.”
81 In section 89(4)(a) (assaults on constables) omit “or by a member of the National Criminal Intelligence Service or of the National Crime Squad”.
82 (1) Section 97 (police officers engaged on service outside their force) is amended as follows.
(2) In subsection (1)—
(a) omit paragraphs (ca) and (cb),
(b) the paragraph (cd) inserted by paragraph 30(2) of Schedule 11 to the Proceeds of Crime Act 2002 (c. 29) is to be paragraph (ce), and
(c) after that paragraph insert—
“(cf) temporary service as a member of the staff of the Serious Organised Crime Agency on which a person is engaged with the consent of the appropriate authority;”.
(3) In subsection (6)(a) for the words from “paragraph” to “subsection (1)” substitute “paragraph (a), (aa), (b), (c), (cc), (cd), (ce), (cf), (d), (g) or (h) of subsection (1)”.
Serious Organised Crime and Police Act 2005