December 2016 Plenary Meetings of the Forum for Security Co-operation
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There shall be a body corporate to be known as the Serious Organised Crime Agency (“SOCA”).
Schedule 1 makes provision about the constitution, members and staff of SOCA and other matters relating to it.
Each of the following bodies shall cease to exist on such date as the Secretary of State appoints by order—
the National Criminal Intelligence Service and its Service Authority, and
the National Crime Squad and its Service Authority.
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SOCA has the functions of—
preventing and detecting serious organised crime, and
contributing to the reduction of such crime in other ways and to the mitigation of its consequences.
SOCA’s functions under subsection (1) are exercisable subject to subsections (3) to (5) (but subsection (3) does not apply to Scotland).
If, in exercising its function under subsection (1)(a), SOCA becomes aware of conduct appearing to SOCA to involve serious or complex fraud, SOCA may thereafter exercise that function in relation to the fraud in question only—
with the agreement of the Director, or an authorised officer, of the Serious Fraud Office, or
if the Serious Fraud Office declines to act in relation to it.
If, in exercising its function under subsection (1)(a), SOCA becomes aware of conduct appearing to SOCA to involve revenue fraud, SOCA may thereafter exercise that function in relation to the fraud in question only with the agreement of the Commissioners.
Before exercising its function under subsection (1)(b) in any way in relation to revenue fraud, SOCA must consult the Commissioners.
The issue of whether SOCA’s function under subsection (1)(a) continued to be exercisable in any circumstances within subsection (3) or (4) may not be raised in any criminal proceedings.
In this section “revenue fraud” includes fraud relating to taxes, duties and national insurance contributions.
In this Chapter “the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs.
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SOCA has the function of gathering, storing, analysing and disseminating information relevant to—
the prevention, detection, investigation or prosecution of offences, or
the reduction of crime in other ways or the mitigation of its consequences.
SOCA may disseminate such information to—
police forces within subsection (3),
special police forces,
law enforcement agencies, or
such other persons as it considers appropriate in connection with any of the matters mentioned in subsection (1)(a) or (b).
The police forces within this subsection are—
police forces in the United Kingdom, and
the States of Jersey Police Force, the salaried police force of the Island of Guernsey and the Isle of Man Constabulary.
In this section “law enforcement agency” means—
the Commissioners or any other government department,
the Scottish Administration,
any other person who is charged with the duty of investigating offences or charging offenders, or
any other person who is engaged outside the United Kingdom in the carrying on of activities similar to any carried on by SOCA or a police force.
In this Chapter “special police force” means—
the Ministry of Defence Police,
the British Transport Police Force,
the Civil Nuclear Constabulary, or
the Scottish Drug Enforcement Agency.
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In exercising its functions SOCA must have regard to the matters mentioned in subsection (2).
The matters are—
SOCA’s current annual plan under section 6 together with any priorities determined by SOCA under that section that are specified in the plan,
any current strategic priorities determined by the Secretary of State under section 9, and
any current performance targets established by SOCA.
In exercising any function to which a code of practice under section 10 relates, SOCA must have regard to the code.
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SOCA has the general powers conferred by this section.
SOCA may—
institute criminal proceedings in England and Wales or Northern Ireland;
at the request of the chief officer of a police force within section 3(3) or of a special police force, act in support of any activities of that force;
at the request of any law enforcement agency, act in support of any activities of that agency;
enter into other arrangements for co-operating with bodies or persons (in the United Kingdom or elsewhere) which it considers appropriate in connection with the exercise of any of SOCA’s functions under section 2 or 3 or any activities within subsection (3).
Despite the references to serious organised crime in section 2(1), SOCA may carry on activities in relation to other crime if they are carried on for the purposes of any of the functions conferred on SOCA by section 2 or 3.
Subsection (3) does not affect the generality of section 3(1).
SOCA may furnish such assistance as it considers appropriate in response to requests made by any government or other body exercising functions of a public nature in any country or territory outside the United Kingdom.
Subsection (5) does not apply to any request for assistance which—
could be made under section 13 of the Crime (International Co-operation) Act 2003 (c. 32) (requests by overseas authorities to obtain evidence), and
is not a request in relation to which SOCA has functions under that section by virtue of an order under section 27(2) of that Act.
In this section “law enforcement agency” has the meaning given by section 3(4).
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Before the beginning of each financial year SOCA must issue a plan setting out how SOCA intends to exercise its functions during that year (“the annual plan”).
The annual plan must (in particular) set out how SOCA intends to exercise its functions in Scotland and in Northern Ireland.
The annual plan must also include a statement of—
any priorities which SOCA has determined for that year,
any current strategic priorities determined by the Secretary of State under section 9,
any current performance targets established by SOCA, and
the financial resources that are expected to be available to SOCA for that year.
Any priorities within subsection (3)(a) may relate— but in any event must be so framed as to be consistent with strategic priorities determined under that section.
to matters to which strategic priorities determined under section 9 also relate, or
to other matters,
The annual plan must state, in relation to each priority within subsection (3)(a) or (b), how SOCA intends to give effect to that priority.
SOCA must arrange for the annual plan to be published in such manner as it considers appropriate.
SOCA must send a copy of the annual plan to—
the Secretary of State,
the Scottish Ministers,
the Commissioners,
each police authority for an area in Great Britain, each joint police board and the Northern Ireland Policing Board,
the chief officer of each police force in the United Kingdom, and
such other persons as SOCA considers appropriate.
In subsection (7)(d) the reference to a police authority for an area in Great Britain does not include a constituent authority in an amalgamation scheme approved under section 19(1) of the Police (Scotland) Act 1967 (c. 77).
Before issuing its annual plan for any financial year, SOCA must—
consult the Scottish Ministers and agree with them what provision the plan is to make for Scotland by virtue of subsection (2); and
consult such other persons as it considers appropriate.
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As soon as possible after the end of each financial year SOCA must issue a report on the exercise of its functions during that year (an “annual report”).
The annual report must include an assessment of the extent to which the annual plan for that year under section 6 has been carried out.
SOCA must arrange for the annual report to be published in such manner as it considers appropriate.
SOCA must send a copy of the annual report to—
the Secretary of State,
the Scottish Ministers,
the Commissioners,
each police authority for an area in Great Britain, each joint police board and the Northern Ireland Policing Board,
the chief officer of each police force in the United Kingdom, and
such other persons as SOCA considers appropriate.
In subsection (4)(d) the reference to a police authority for an area in Great Britain does not include a constituent authority in an amalgamation scheme approved under section 19(1) of the Police (Scotland) Act 1967.
The Secretary of State must lay a copy of the annual report before Parliament.
The Scottish Ministers must lay a copy of the annual report before the Scottish Parliament.
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The Secretary of State may determine strategic priorities for SOCA.
Before determining any such priorities the Secretary of State must consult—
SOCA,
the Scottish Ministers, and
such other persons as he considers appropriate.
The Secretary of State must arrange for any priorities determined under this section to be published in such manner as he considers appropriate.
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The Secretary of State may issue codes of practice relating to the exercise by SOCA of any of its functions.
The Secretary of State may from time to time revise the whole or any part of a code of practice issued under this section.
Before issuing or revising a code of practice issued under this section the Secretary of State must consult—
SOCA,
the Scottish Ministers, and
such other persons as he considers appropriate.
The Secretary of State must lay before Parliament—
any code of practice issued under this section, and
any revisions of such a code.
The Secretary of State— anything to which subsection (6) applies.
is not required by subsection (4) to lay before Parliament, or
may exclude from what he does lay before Parliament,
This subsection applies to anything the publication of which, in the opinion of the Secretary of State—
would be against the interests of national security, or
could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, or
could jeopardise the safety of any person.
The Secretary of State must provide the Scottish Ministers with a copy of—
any code of practice issued under this section, or
any revisions of such a code.
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The Secretary of State may require SOCA to submit a report to him on such matters— as may be specified in the requirement.
connected with the exercise of SOCA’s functions, or
otherwise connected with any of SOCA’s activities,
A report submitted under subsection (1) must be in such form as may be so specified.
The Secretary of State must consult the Scottish Ministers before imposing any requirement under that subsection relating to any functions or activities of SOCA—
exercised or carried out in Scotland, or
exercised or carried out outside, but in relation to, Scotland.
The Secretary of State may— for a report under this section to be published in such manner as he considers appropriate.
arrange, or
require SOCA to arrange,
But the Secretary of State may exclude any part of a report from publication under subsection (4) if, in his opinion, publication of that part—
would be against the interests of national security, or
could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, or
could jeopardise the safety of any person.
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This section applies where an inspection report made to the Secretary of State states—
that, in the opinion of the person making the report, the whole or any part of SOCA is (whether generally or in particular respects) not efficient or not effective; or
that, in that person’s opinion, the whole or part of SOCA will cease to be efficient or effective (whether generally or in particular respects) unless remedial measures are taken.
If the Secretary of State considers that remedial measures are required in relation to any matters identified by the report, he may direct SOCA—
to submit an action plan to him, and
to do so within such period as is specified in the direction (which must be a period ending not less than 4, and not more than 12, weeks after the direction is given).
An “action plan” is a plan setting out the remedial measures which SOCA proposes to take in relation to the matters in respect of which the direction is given.
The provision that a direction under this section may require to be included in an action plan includes—
provision setting out the steps that SOCA proposes should be taken in respect of the matters in respect of which the direction is given, and the performance targets that SOCA proposes should be met;
provision setting out SOCA’s proposals as to the times within which those steps are to be taken and those targets met, and the means by which the success of the plan’s implementation is to be measured;
provision for the making of progress reports to the Secretary of State about the plan’s implementation;
provision as to the times at which, and the manner in which, any progress report is to be made; and
provision for the duration of the plan and for it to cease to apply in circumstances determined by the Secretary of State.
But nothing in this section authorises the Secretary of State to direct the inclusion in an action plan of any requirement to do or not to do anything—
in a particular case identified for the purposes of the requirement, or
in relation to a particular person so identified.
The Secretary of State must consult the Scottish Ministers before giving any direction under this section in connection with any functions or activities of SOCA—
exercised or carried out in Scotland, or
exercised or carried out outside, but in relation to, Scotland.
In this section “an inspection report” means a report under section 16.
If this section applies at a time when there is already an action plan in force—
references in this section to the submission of an action plan to the Secretary of State include references to the submission of revisions of the existing plan, and
the other provisions of this section have effect accordingly.
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This section applies where the Secretary of State is of the opinion that any remedial measures contained in an action plan submitted to him under section 12 are inadequate.
The Secretary of State may notify SOCA of that opinion and of his reasons for it.
The Secretary of State must consult the Scottish Ministers before forming an opinion for the purposes of subsection (1) as to any remedial measures proposed in connection with any functions or activities of SOCA—
exercised or carried out in Scotland, or
exercised or carried out outside, but in relation to, Scotland.
If SOCA receives a notification under subsection (2)—
it must consider whether to revise the plan in the light of the matters notified to it, and
if it does revise the plan, it must send a copy of the revised plan to the Secretary of State.
References in this section to an action plan submitted to the Secretary of State under section 12 include references to revisions submitted to him by virtue of subsection (8) of that section.
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The Secretary of State may not give a direction under section 12 unless the conditions in subsection (2) are satisfied.
The conditions are—
SOCA must have been given such information about the Secretary of State’s grounds for proposing to give the direction as he considers appropriate for enabling it to make representations or proposals under paragraphs (b) and (c) below;
SOCA must have been given an opportunity of making representations about those grounds;
SOCA must have had an opportunity of making proposals for the taking of remedial measures that would make it unnecessary to give the direction; and
the Secretary of State must have considered any such representations and any such proposals.
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This section applies where the Secretary of State exercises his power to give a direction under section 12.
The Secretary of State must prepare a report on his exercise of that power.
A report under subsection (2)—
is to be prepared at such time as the Secretary of State considers appropriate, and
may relate to more than one exercise of the power.
The Secretary of State must—
lay before each House of Parliament a copy of any report prepared under subsection (2), and
send a copy of any such report to the Scottish Ministers.
The Scottish Ministers must lay before the Scottish Parliament any copy of a report sent to them under subsection (4).
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Her Majesty’s Inspectors of Constabulary (“HMIC”) must inspect SOCA from time to time.
HMIC must also inspect SOCA if requested to do so by the Secretary of State either—
generally, or
in respect of a particular matter.
Before requesting an inspection that would fall to be carried out wholly or partly in Scotland, the Secretary of State must consult the Scottish Ministers.
Any inspection under this section must be carried out jointly by HMIC and the Scottish inspectors—
if it is carried out wholly in Scotland, or
in a case where it is carried out partly in Scotland, to the extent that it is carried out there.
Following an inspection under this section, HMIC must report to the Secretary of State on the efficiency and effectiveness of SOCA either—
generally, or
in the case of an inspection under subsection (2)(b), in respect of the matter to which the inspection related.
A report under subsection (5) must be in such form as the Secretary of State may direct.
The Secretary of State must arrange for every report which he receives under subsection (5) to be published in such manner as he considers appropriate.
The Secretary of State may exclude from publication under subsection (7) any part of a report if, in his opinion, the publication of that part—
would be against the interests of national security, or
could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, or
might jeopardise the safety of any person.
The Secretary of State must send a copy of the published report—
to SOCA, and
if subsection (4) applied to the inspection, to the Scottish Ministers.
SOCA must—
prepare comments on the published report, and
arrange for its comments to be published in such manner as it considers appropriate.
SOCA must send a copy of any document published under subsection (10)(b)—
to the Secretary of State, and
if subsection (4) applied to the inspection, to the Scottish Ministers.
The inspectors shall carry out such other duties for the purpose of furthering the efficiency and effectiveness of SOCA as the Secretary of State may from time to time direct.
In this section “the Scottish inspectors” means the inspectors of constabulary appointed under section 33(1) of the Police (Scotland) Act 1967 (c. 77).
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The Secretary of State must make a grant to SOCA in respect of each of its financial years.
The grant in respect of a financial year is to be paid— as the Secretary of State may determine (and any such time may fall within or after that year).
at such time, or
in instalments of such amounts and at such times,
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The Secretary of State must determine the amount of the grant to be made under section 17 in respect of each of SOCA’s financial years.
But a determination under subsection (1) may, if the Secretary of State thinks fit, specify a single amount in respect of two or more financial years.
A determination under that subsection may be varied by a subsequent determination.
Where the Secretary of State makes any determination under subsection (1), he must prepare a report—
setting out the determination, and
stating the considerations which he took into account in making it.
The Secretary of State must—
send SOCA a copy of each report under subsection (4), and
lay a copy of each such report before the House of Commons.
In connection with the exercise of his functions under this section, the Secretary of State may require SOCA—
to provide him with such information as he may specify, and
to do so within such period as he may specify.
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SOCA may make charges in respect of—
the provision by SOCA of any goods or services to any person, or
an agreement for the provision by SOCA of any such goods or services.
Any charges made under subsection (1) may include amounts calculated by reference to expenditure incurred, or expected to be incurred, by SOCA otherwise than directly in connection with the provision of the goods or services concerned.
Apart from— all sums received by SOCA in the course of, or in connection with, the exercise of its functions must be paid to the Secretary of State.
grants under section 17,
sums received under section 30(6), and
sums borrowed by SOCA under paragraph 21 of Schedule 1,
Subsection (3) does not apply where the Secretary of State so directs.
Any sums received by the Secretary of State under subsection (3) must be paid into the Consolidated Fund.
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SOCA must—
keep proper accounts and proper records in relation to the accounts; and
prepare a statement of accounts in respect of each financial year.
A statement of accounts under subsection (1) must be in such form, and contain such information, as the Secretary of State may direct.
SOCA must send copies of the statement of accounts for a financial year— within such period following the end of the financial year as the Secretary of State may specify.
to the Secretary of State, and
to the Comptroller and Auditor General,
The Comptroller and Auditor General must—
examine, certify and report on the statement of accounts, and
lay copies of the statement and of his report before each House of Parliament.
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The Director General of SOCA has the function of exercising general operational control in relation to the activities carried out in the exercise of SOCA’s functions.
This function includes deciding—
which particular operations are to be mounted in the exercise of any of those functions, and
how such operations are to be conducted.
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SOCA may only carry out activities in Scotland in relation to an offence which it suspects has been committed (or is being committed) if it does so with the agreement of the Lord Advocate.
In carrying out any such activities in Scotland SOCA must comply with such directions (whether general or special) as it may receive from the Lord Advocate or from the procurator fiscal.
If it suspects that an offence has been committed (or is being committed) in Scotland, SOCA must report the matter to the procurator fiscal as soon as is practicable.
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Subsection (2) applies if— notifies the Director General of SOCA that that force or agency has a special need for assistance from SOCA and requests the Director General of SOCA to provide it with such assistance.
the chief officer of a police force in the British Islands or of a special police force, or
a law enforcement agency operating in the British Islands,
In such a case the Director General of SOCA may provide that force or agency with— as the Director General of SOCA considers appropriate in the circumstances.
such members of the staff of SOCA, or
such other assistance,
Subsection (4) applies if the Director General of SOCA notifies— that SOCA has a special need for assistance from that force or agency and requests it to provide SOCA with such assistance.
the chief officer of a police force in the United Kingdom or of a special police force, or
a law enforcement agency operating in the United Kingdom,
In such a case the chief officer of that force or the agency in question may provide SOCA with— as the chief officer or the agency considers appropriate in the circumstances.
such constables or members of the staff of the agency, or
such other assistance,
But before the Scottish Drug Enforcement Agency provides any constable under subsection (4), its Director must obtain the agreement of the chief constable of the police force from which the constable is seconded to the Agency.
Where a member of the staff of SOCA is provided under this section for the assistance of a police force, a special police force or a law enforcement agency, he shall be under the direction and control of the chief officer of the force or the head of the agency (as the case may be).
Where— is provided under this section for the assistance of SOCA, he shall be under the direction and control of the Director General of SOCA (despite anything in, or in any agreement made under, any other enactment).
a constable,
a member of the staff of the Scottish Drug Enforcement Agency, or
a member of the staff of a law enforcement agency,
Where SOCA provides assistance under this section for— the relevant police authority or (as the case may be) that agency must pay to SOCA such contribution, if any, as may be agreed between them or, in the absence of agreement, as may be determined by the Secretary of State.
a police force in the United Kingdom or a special police force, or
a law enforcement agency operating in the United Kingdom,
Where SOCA is provided with assistance under this section by— SOCA must pay to the relevant police authority or (as the case may be) that agency such contribution, if any, as may be agreed between them or, in the absence of agreement, as may be determined by the Secretary of State.
a police force in the United Kingdom or a special police force, or
a law enforcement agency operating in the United Kingdom,
If the assistance mentioned in subsection (8) or (9) is provided for or (as the case may be) by— the Secretary of State must, before making a determination under the subsection in question, consult the Scottish Ministers.
a police force in Scotland,
the Scottish Drug Enforcement Agency, or
the Scottish Administration,
In this section—
“law enforcement agency” has the meaning given by section 3(4) (subject to any territorial restrictions contained in this section);
“NCS” means the National Crime Squad;
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“Crown interest” means an interest belonging to Her Majesty in right of the Crown, and
section 33 (not exhibiting vehicle licence); section 42 (not fixing registration mark); section 43 (obscured registration mark); section 43C (using an incorrectly registered vehicle); section 59 (regulations: offences) in relation to the requirements imposed by regulation 11 of the Road Vehicles (Display of Registration Marks) Regulations 2001 (S.I. 2001/561).
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Serious Organised Crime Agency.
omit the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service.
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After paragraph 35A (inserted by section 120(5) of this Act) insert—
The transfer scheme may provide for the transfer of property, rights and liabilities of the Secretary of State to the Authority on the appointed day. The scheme may include provision for anything (including any legal proceedings) which relates to anything transferred by virtue of sub-paragraph (1) to be continued from the appointed day by or in relation to the Authority.
The Police Reform Act 2002 has effect subject to the following amendments.
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before a day specified in the scheme could have been made out of the NCIS service fund or the NCS service fund, but
is not a liability which can be transferred by virtue of paragraph 8.
Section 82 (police nationality requirements) is amended as follows. In subsection (1)— In subsection (3)(e) for “the Civil Nuclear Constabulary or the Royal Parks Constabulary” substitute “or the Civil Nuclear Constabulary”. Omit subsection (5).
Schedule 4 (powers exercisable by police civilians) is amended as follows. In paragraph 2(6) after paragraph (aa) insert—. After paragraph 7C insert— In this Schedule “specified park” has the same meaning as in section 162 of the Serious Organised Crime and Police Act 2005.
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In section 2 of the Public Order Act 1936 (prohibition of quasi-military organisations), in subsection (5), for “one month” substitute “three months”.
In section 4 of the Biological Weapons Act 1974 (powers to search etc.), in subsection (1)(a), for “one month” substitute “three months”.
In section 92A of the Trade Marks Act 1994 (search warrants), in subsection (3)(b), for “28 days” substitute “three months”.
in relation to the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve, the Northern Ireland Policing Board,
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in relation to the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve, the Chief Constable of the Police Service of Northern Ireland;
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The Secretary of State may by regulations impose requirements in relation to persons serving as park constables with the Royal Parks Constabulary for the purpose of establishing whether they are eligible—
to be employed by the Authority, or
to serve as a members of the police force for the metropolitan police district.
Before making a transfer scheme which contains any provision relating to persons serving as park constables with the Royal Parks Constabulary the Secretary of State must consult such bodies appearing to represent the interests of those persons as he considers appropriate.
In Schedule 1 to the Regulation of Investigatory Powers Act 2000 (relevant authorities) omit paragraph 27D and the cross-heading before it.
In section 15 of the Wireless Telegraphy Act 1949 (entry and search of premises), in subsection (1), for “one month” substitute “three months”.
The Copyright, Designs and Patents Act 1988 is amended as follows. In section 109 (search warrants), in subsection (3)(b), for “28 days” substitute “three months”. In section 200 (search warrants), in subsection (3)(b), for “28 days” substitute “three months”. In section 297B (search warrants), in subsection (3)(b), for “28 days” substitute “three months”.
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The Secretary of State may terminate the Crown employment of any person who fails to comply with or satisfy any requirement imposed in relation to him by regulations made under paragraph 2. A person whose Crown employment is terminated under sub-paragraph (1) is not to be treated (whether for the purposes of any enactment or otherwise) as being dismissed by virtue of that termination.
in relation to a member of the staff of SOCA provided for the assistance of the Civil Nuclear Constabulary, means the Civil Nuclear Police Authority,
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in the definition of “chief officer of police”, omit paragraph (aa);
in the definition of “police authority”, omit paragraph (aa); and
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”.
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he has without reasonable excuse failed, for a continuous period of three months, to carry out his functions as chairman or ordinary member;
he has without reasonable excuse been absent from three consecutive meetings of SOCA;
he has been convicted (whether before or after his appointment) of a criminal offence;
he is an undischarged bankrupt or his estate has been sequestrated and he has not been discharged;
he is the subject of a bankruptcy restrictions order or an interim order under Schedule 4A to the Insolvency Act 1986 (c. 45) or an order to the like effect made under any corresponding enactment in force in Scotland or Northern Ireland;
he has made a composition or arrangement with, or granted a trust deed for, his creditors;
he has failed to comply with the terms of his appointment; or
he is otherwise unable or unfit to carry out his functions as chairman or ordinary member.
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“terrorist investigation” has the meaning given by section 60(7).
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The Criminal Law Act 1967 is amended as follows. In section 4 (penalties for assisting offenders)— In section 5 (penalties for concealing offences or giving false information), in subsection (1)—
The Police and Criminal Evidence Act 1984 is amended as follows. In section 4 (road checks)— In section 8 (powers to authorise entry and search), for “a serious arrestable offence”, in both places, substitute “an indictable offence”. In section 17 (entry for purpose of arrest etc.), in subsection (1)(b), for “arrestable” substitute “indictable”. In section 18 (entry and search after arrest), in subsection (1), for “arrestable”, in both places, substitute “indictable”. In section 32 (search upon arrest), in subsection (2), for paragraph (b) substitute— In section 42 (authorisation of continued detention), in subsection (1)(b), for “arrestable” substitute “indictable”. In section 43 (warrants of further detention), in subsection (4)(b), for “a serious arrestable offence” substitute “an indictable offence”. In section 56 (right to have someone informed when arrested)— In section 58 (access to legal advice)— In section 114A (power to apply Act to officers of Secretary of State), in subsection (2)(c), for “a serious arrestable offence”, in both places, substitute “an indictable offence”. Section 116 (meaning of “serious arrestable offence”) shall cease to have effect. In Schedule 1 (special procedure material), in paragraph 2(a)(i), for “a serious arrestable offence” substitute “an indictable offence”. Schedule 5 (serious arrestable offences) shall cease to have effect.
In Part 2 of Schedule 2 to the Housing Act 1988 (which sets out grounds on which a court may order possession of dwelling-houses let on assured tenancies), in Ground 14, in paragraph (b)(ii), for “arrestable” substitute “indictable”.
The International Criminal Court Act 2001 is amended as follows. In section 33 (entry, search and seizure), in subsection (2), for “a serious arrestable offence” substitute “(in the case of Part 2 of the 1984 Act) to an indictable offence or (in the case of Part III of the 1989 Order) to a serious arrestable offence”. In section 55 (meaning of “ancillary offence” under the law of England and Wales), in subsection (5), in each of paragraphs (a) and (b), for “an arrestable offence” substitute “a relevant offence”. This paragraph extends to England and Wales and to Northern Ireland (but not to Scotland).
In section 138 of the Customs and Excise Management Act 1979 (provisions about arrest), in subsection (4)(b), after “section 24” insert “or 24A”. This paragraph has the same extent as that Act.
In section 13 of the Aviation Security Act 1982 (power to require aerodrome managers to promote searches at airports), in subsection (5)(a), for “25” substitute “24A”. This paragraph has the same extent as that Act.
In section 22 of the Aviation and Maritime Security Act 1990 (power to require harbour authorities to promote searches in harbour areas), in subsection (10)(a), for “25” substitute “24A”. This paragraph has the same extent as that Act.
The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 is amended as follows—
in section 2 (entering U.K. without passport, etc.), in subsection (10), for “a constable or” substitute “an”,
in section 35 (deportation or removal: cooperation), in subsection (5), for “a constable or” substitute “an”.
In paragraph 22 (power to transfer persons into custody of investigating officers), in sub-paragraph (2)—
in paragraph (b), after “duty” insert “to keep that person under control and”,
in paragraph (c), at the end add “and under his control”.
After paragraph 22 insert—
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in Part 1 omit paragraphs 59 and 60,
The Serious Organised Crime Agency.
in Part 3 omit the entry relating to the Director General of the National Crime Squad.
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for “the Director General of the National Criminal Intelligence Service” substitute “the Director General of the Serious Organised Crime Agency”, and
for “, the National Criminal Intelligence Service, the National Crime Squad” substitute “, the Serious Organised Crime Agency”.
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“government department” includes a Northern Ireland department;
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section 14 (requirements regarding seat belts: adults); section 15(2) and (4) (restriction on carrying children not wearing seat belts in motor vehicles); section 42 (motor vehicles and trailers: other construction and use requirements) in relation to the construction and use requirements imposed by the following regulations— (a) regulations 54, 57, 104 and 110 of the Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078); (b) regulations 11(1) and 25 of the Road Vehicles Lighting Regulations 1989 (S.I. 1989/1796); section 47 (obligatory test certificates for motor vehicles); section 87(1) (drivers of motor vehicles to have driving licences); section 143 (users of motor vehicles to be insured ...); section 163 (power of police to stop vehicles); section 172 (duty to give information as to the identity of driver etc. in certain circumstances);
Section 17 of the Railway Regulation Act 1842 (punishment of persons guilty of misconduct) shall cease to have effect.
In section 12 of the Licensing Act 1872 (penalty on persons found drunk), omit “may be apprehended, and”.
In section 27 of the London County Council (General Powers) Act 1900 (arrest for breach of byelaws), omit “and any person called to the assistance of such constable or officer”.
Section 6 of the Official Secrets Act 1911 (power of arrest) shall cease to have effect.
In section 91 of the Criminal Justice Act 1967 (drunkenness in a public place), in subsection (1), omit “may be arrested without warrant by any person and”.
Section 170 of the Port of London Act 1968 (power of arrest) shall cease to have effect.
The Animal Health Act 1981 is amended as follows. In section 61 (powers of arrest as to rabies), omit subsection (1). In section 62 (entry and search under section 61), omit subsection (1).
The Police and Criminal Evidence Act 1984 is amended as follows. In section 118 (general interpretation), in subsection (1), omit the definition of “arrestable offence”. Schedule 1A (specific offences which are arrestable offences) shall cease to have effect. In Schedule 2 (preserved powers of arrest), the following are omitted— the entry relating to the Military Lands Act 1892 (c. 43), the entry relating to the Protection of Animals Act 1911 (c. 27), the entry relating to the Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6), the entry relating to the Street Offences Act 1959 (c. 57), the entry relating to the Criminal Law Act 1977 (c. 45), the entry relating to the Animal Health Act 1981 (c. 22).
The Road Traffic Act 1988 is amended as follows. In section 4 (driving etc. under influence of drink or drugs), omit subsections (6) to (8). In section 163 of the Road Traffic Act 1988 (power of police to stop vehicles), omit subsection (4). The repeal of section 4(8) extends also to Scotland.
In section 241 of the Trade Union and Labour Relations (Consolidation) Act 1992 (intimidation or annoyance), omit subsection (3).
In section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (confiscation of alcohol), omit subsection (5).
In the Anti-social Behaviour Act 2003—
in section 4 (closure of premises: offences), omit subsection (5),
in section 32 (supplementary provisions about powers relating to dispersal of groups and removal of persons under 16 to their homes), omit subsection (3).
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at the end of paragraph (b) insert “and”, and
omit paragraphs (d) and (e).
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in the definition of “chief officer of police” omit paragraphs (j) and (k),
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
“SOCA” means the Serious Organised Crime Agency or any member of the staff of the Serious Organised Crime Agency;
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This section applies where it appears to the Secretary of State—
that a body within subsection (2) has a special need for assistance from SOCA or SOCA has a special need for assistance from a body within that subsection,
that it is expedient for such assistance to be provided by SOCA or (as the case may be) the body, and
that satisfactory arrangements cannot be made, or cannot be made in time, under section 23.
The bodies within this subsection are—
any police force in England and Wales or Northern Ireland,
any special police force other than the Scottish Drug Enforcement Agency, and
any law enforcement agency operating in the United Kingdom other than the Scottish Administration.
In a case where this section applies the Secretary of State may (as appropriate)—
direct the chief officer of the police force to provide such constables or other assistance for the purpose of meeting the need in question as may be specified in the direction;
direct the chief officer of the special police force to provide such constables or other persons, or such other assistance, for the purpose of meeting the need in question as may be so specified;
direct the head of the law enforcement agency to provide such members of the staff of that agency or other assistance for the purpose of meeting the need in question as may be so specified;
direct the Director General of SOCA to provide such members of the staff of SOCA or other assistance for the purpose of meeting the need in question as may be so specified.
A direction under subsection (3) requires the consent of the Treasury if it is to be given to the Commissioners.
Subsections (6) to (9) of section 23 apply in relation to assistance provided under this section— as they apply in relation to assistance so provided under that section.
by SOCA to a police force, a special police force or a law enforcement agency, or
to SOCA by a police force, a special police force or a law enforcement agency,
In this section “law enforcement agency” has the meaning given by section 3(4) (subject to the territorial restriction contained in subsection (2) above).
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This section applies where it appears to the Scottish Ministers—
that a body within subsection (2) has a special need for assistance from SOCA or SOCA has a special need for assistance from a body within that subsection,
that it is expedient for such assistance to be provided by SOCA or (as the case may be) the body, and
that satisfactory arrangements cannot be made, or cannot be made in time, under section 23.
The bodies within this subsection are—
any police force in Scotland, and
the Scottish Drug Enforcement Agency.
In a case where this section applies the Scottish Ministers may (as appropriate)—
direct the chief officer of the police force to provide such constables or other assistance for the purpose of meeting the need in question as may be specified in the direction;
direct the Director of the Scottish Drug Enforcement Agency to provide such constables or other persons, or other assistance, for the purpose of meeting the need in question as may be so specified;
with the agreement of the Secretary of State, direct the Director General of SOCA to provide such members of the staff of SOCA or other assistance for the purpose of meeting the need in question as may be so specified.
Subsections (6) to (10) of section 23 apply in relation to assistance provided under this section— as they apply in relation to assistance so provided under that section.
by SOCA to a police force in Scotland or to the Scottish Drug Enforcement Agency, or
to SOCA by a police force in Scotland or by the Scottish Drug Enforcement Agency,
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Arrangements may be made between— under which SOCA may use such premises, equipment or other material, facilities or services made available by a police force in England and Wales or Northern Ireland as are specified or described in the arrangements.
SOCA, and
the relevant police authority,
If it appears to the Secretary of State— he may direct SOCA and that authority to enter into such arrangements within that subsection as are specified in the direction.
that it is expedient for arrangements within subsection (1) to be made between SOCA and the relevant police authority, and
that satisfactory arrangements cannot be made, or cannot be made in time, under that subsection,
Before giving such a direction to SOCA or the relevant police authority the Secretary of State must—
notify that body that he is proposing to give the directions, and
consider any representations made to him by that body.
Any arrangements under this section may be varied or terminated by agreement between the parties.
But arrangements entered into in pursuance of a direction under subsection (2) may not be so terminated without the consent of the Secretary of State.
Where any expenditure is incurred by the relevant police authority by virtue of any arrangements under this section, SOCA must pay to the authority such contribution, if any, in respect of that expenditure—
as may be agreed between them, or
in the absence of agreement, as may be determined by the Secretary of State.
In this section “relevant police authority” means—
in relation to a police force in England and Wales, the police authority maintaining that force, and
in relation to the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve, the Northern Ireland Policing Board.
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The Secretary of State may make regulations requiring equipment used by SOCA to satisfy such requirements as to design and performance as may be prescribed by the regulations.
The Secretary of State may by regulations make any of the following kinds of provision—
provision requiring SOCA, when using equipment for the purposes specified in the regulations, to use only—
the equipment which is specified in the regulations,
equipment which is of a description so specified, or
equipment which is of a type approved by the Secretary of State in accordance with the regulations;
provision prohibiting SOCA from using equipment of a type approved as mentioned in paragraph (a)(iii) except—
where the conditions subject to which the approval was given are satisfied, and
in accordance with the other terms of that approval;
provision requiring equipment used by SOCA to comply with such conditions as may be specified in the regulations, or as may be approved by the Secretary of State in accordance with the regulations;
provision prohibiting SOCA from using equipment specified in the regulations, or any equipment of a description so specified.
Before making regulations under this section Secretary of State must consult—
SOCA, and
such other persons as he considers appropriate.
In this section “equipment” includes—
vehicles, and
headgear and protective and other clothing.
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SOCA is liable in respect of unlawful conduct of persons to whom this section applies in the carrying out, or the purported carrying out, of their functions as such persons in the same manner as an employer is liable in respect of any unlawful conduct of his employees in the course of their employment.
In the case of any such unlawful conduct of persons to whom this section applies which is a tort, SOCA is accordingly to be treated as a joint tortfeasor. This subsection does not apply to Scotland.
This section applies to—
any constable or other person who has been seconded to SOCA to serve as a member of its staff, and
any constable or other person who has been provided for the assistance of SOCA under section 23, 24 or 25.
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SOCA may, in such cases and to such extent as appear to it to be appropriate, pay—
any damages or costs awarded against a person to whom this section applies in proceedings for any unlawful conduct of that person;
any costs (or, in Scotland, expenses) incurred and not recovered by such a person in such proceedings, and
any sum required in connection with the settlement of a claim that has, or might have, given rise to such proceedings.
This section applies to—
any person who is employed by SOCA,
any constable or other person who has been seconded to SOCA to serve as a member of its staff, and
any constable or other person who has been provided for the assistance of SOCA under section 23, 24 or 25.
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Subsection (2) applies where an international joint investigation team has been formed under the leadership of a member of SOCA’s staff.
In such a case—
section 28 has effect in relation to any member of that team who is not a member of SOCA’s staff as if any unlawful conduct in the carrying out, or purported carrying out, of his functions as a member of the team were unlawful conduct of a person to whom that section applies; and
section 29(1) has effect as if it applied to every member of the team to whom it would not apply apart from this subsection.
Subsection (4) applies where a person (“the relevant person”) is carrying out surveillance under section 76A of the Regulation of Investigatory Powers Act 2000 (c. 23) (foreign surveillance operations).
In such a case—
section 28 has effect as if any unlawful conduct of the relevant person in the course of carrying out the surveillance were unlawful conduct of a person to whom that section applies; and
section 29(1) has effect as if it applied to the relevant person.
In this section “international joint investigation team” means any investigation team formed in accordance with—
any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union;
the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union and the Protocol to that Convention established in accordance with that Article of the Treaty; or
any international agreement to which the United Kingdom is a party and which is specified in an order made by the Secretary of State.
Where— he must pay to SOCA the sum received by him by way of reimbursement.
a sum is paid by SOCA by virtue of this section, and
the Secretary of State receives under any international agreement a sum by way of reimbursement (in whole or in part) of the sum paid by SOCA,
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The relevant authority is liable in respect of unlawful conduct of persons to whom this section applies in the carrying out, or the purported carrying out, of their functions as such persons in the same manner as an employer is liable in respect of any unlawful conduct of his employees in the course of their employment.
In the case of any such unlawful conduct of persons to whom this section applies which is a tort, the relevant authority is accordingly to be treated as a joint tortfeasor. This subsection does not apply to Scotland.
In so far as a relevant authority does not already have power to do so it may, in such cases and to such extent as appear to it to be appropriate, pay—
any damages or costs awarded against a person to whom this section applies in proceedings for any unlawful conduct of that person,
any costs (or, in Scotland, expenses) incurred and not recovered by such a person in such proceedings, and
any sum required in connection with the settlement of a claim that has, or might have, given rise to such proceedings.
This section applies to a member of the staff of SOCA who under section 23, 24 or 25 is provided for the assistance of—
a special police force, or
a law enforcement agency operating in the United Kingdom.
In this section—
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Information obtained by SOCA in connection with the exercise of any of its functions may be disclosed by SOCA if the disclosure is for any permitted purposes.
“Permitted purposes” means the purposes of any of the following—
the prevention, detection, investigation or prosecution of criminal offences, whether in the United Kingdom or elsewhere;
the prevention, detection or investigation of conduct for which penalties other than criminal penalties are provided under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom;
the exercise of any function conferred on SOCA by section 2, 3 or 5 (so far as not falling within paragraph (a) or (b));
the exercise of any functions of any intelligence service within the meaning of the Regulation of Investigatory Powers Act 2000 (c. 23);
the exercise of any functions under Part 2 of the Football Spectators Act 1989 (c. 37);
the exercise of any function which appears to the Secretary of State to be a function of a public nature and which he designates by order.
A disclosure under this section does not breach—
any obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information (however imposed).
But nothing in this section authorises—
a disclosure, in contravention of any provisions of the Data Protection Act 1998 (c. 29), of personal data which are not exempt from those provisions,
a disclosure which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000, or
a disclosure in contravention of section 35(2).
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Any person may disclose information to SOCA if the disclosure is made for the purposes of the exercise by SOCA of any of its functions.
A disclosure under this section does not breach—
any obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information (however imposed).
But nothing in this section authorises—
a disclosure, in contravention of any provisions of the Data Protection Act 1998, of personal data which are not exempt from those provisions, or
a disclosure which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.
Information may not be disclosed under subsection (1) on behalf of the Commissioners unless the disclosure is authorised by the Commissioners or by an authorised officer of theirs.
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Information disclosed by SOCA under section 33 to any person or body must not be further disclosed except—
for a purpose connected with any function of that person or body for the purposes of which the information was disclosed by SOCA, or otherwise for any permitted purposes, and
with the consent of SOCA.
Information disclosed to SOCA under any enactment by the Commissioners or a person acting on their behalf must not be further disclosed except—
for any permitted purposes, and
with the consent of the Commissioners or an authorised officer of Revenue and Customs.
Consent under subsection (1) or (2) may be given—
in relation to a particular disclosure, or
in relation to disclosures made in circumstances specified or described in the consent.
In this section “permitted purposes” has the meaning given by section 33(2).
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The chief officer of a police force in Great Britain must keep SOCA informed of any information relating to crime in his police area that appears to him to be likely to be relevant to the exercise by SOCA of any of its functions.
The Chief Constable of the Police Service of Northern Ireland has a corresponding duty in relation to crime in Northern Ireland.
The chief officer of a special police force must keep SOCA informed of any information relating to crime that he has become aware of in his capacity as chief officer and appears to him to be likely to be relevant to the exercise by SOCA of any of its functions.
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It is the duty of every person to whom this section applies to assist SOCA in the exercise of its functions in relation to serious organised crime.
This section applies to—
any constable,
any officer of Revenue and Customs, and
any member of Her Majesty’s armed forces or Her Majesty’s coastguard.
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The Director of Revenue and Customs Prosecutions—
may institute and conduct criminal proceedings in England and Wales that arise out of a criminal investigation by SOCA relating to a designated offence, and
must take over the conduct of criminal proceedings instituted by SOCA in England and Wales in respect of a designated offence.
The Director of Revenue and Customs Prosecutions must provide such advice as he thinks appropriate, to such persons as he thinks appropriate, in relation to—
a criminal investigation by SOCA relating to a designated offence, or
criminal proceedings instituted in England and Wales that arise out of such an investigation.
The Director of Public Prosecutions— But paragraph (b) does not apply where the Director of the Serious Fraud Office has the conduct of the proceedings.
may institute and conduct criminal proceedings in England and Wales that arise out of a criminal investigation by SOCA relating to a non-designated offence, and
must take over the conduct of criminal proceedings instituted by SOCA in England and Wales in respect of such an offence.
The Director of Public Prosecutions must provide such advice as he thinks appropriate, to such persons as he thinks appropriate, in relation to—
a criminal investigation by SOCA relating to a non-designated offence, or
criminal proceedings instituted in England and Wales that arise out of such an investigation.
Sections 23 and 23A of the Prosecution of Offences Act 1985 (c. 23) (power to discontinue proceedings) apply (with any necessary modifications) to proceedings conducted by the Director of Revenue and Customs Prosecutions in accordance with this section as they apply to proceedings conducted by the Director of Public Prosecutions.
In the Commissioners for Revenue and Customs Act 2005 (c. 11)— have effect as if the reference to section 35 of that Act included a reference to this section.
section 37(1) (prosecutors), and
section 38(1) (conduct of prosecutions by appointed persons),
For the purposes of this section and section 39—
“criminal investigation” means any process—
for considering whether an offence has been committed,
for discovering by whom an offence has been committed, or
as a result of which an offence is alleged to have been committed;
an offence is a “designated offence” if criminal proceedings instituted by SOCA in respect of the offence fall (or, as the case may be, would fall) to be referred to the Director of Revenue and Customs Prosecutions by virtue of directions under section 39(1);
“non-designated offence” means an offence which is not a designated offence;
a reference to the institution of criminal proceedings is to be construed in accordance with section 15(2) of the Prosecution of Offences Act 1985 (c. 23); and
a reference to the institution of proceedings by SOCA includes a reference to their institution by the Director General of SOCA or a person authorised by him.
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The Directors may give directions to SOCA—
for enabling SOCA to determine whether cases arising out of criminal investigations by SOCA are to be referred to the Director of Revenue and Customs Prosecutions, or to the Director of Public Prosecutions, in order for him to consider whether to institute proceedings in accordance with section 38(1)(a) or (3)(a);
for enabling SOCA to determine whether criminal proceedings instituted by SOCA are to be referred to the Director of Revenue and Customs Prosecutions, or to the Director of Public Prosecutions, in order for him to take over their conduct in accordance with section 38(1)(b) or (3)(b);
specifying, in relation to any cases or proceedings that are to be so referred to the Director of Revenue and Customs Prosecutions or the Director of Public Prosecutions, the steps to be taken by SOCA in connection with referring them to him.
Directions under subsection (1) may provide for cases or proceedings to be referred to one or other of the Directors by reference to—
whether the cases or proceedings relate to an offence falling within a category of offences specified in the directions; or
whether any criteria so specified are satisfied with respect to the cases or proceedings; or
such other matters as the Directors think fit.
The Directors may from time to time revise any directions given under this section.
The Directors must publish in such manner as they think fit— and they must give a copy of any such directions or revisions to SOCA.
any directions given under this section, and
any revisions made to such directions;
A report to which this subsection applies must set out — in the year to which the report relates.
any directions given under this section, and
any revisions made to such directions,
Subsection (5) applies to—
a report under section 9 of the Prosecution of Offences Act 1985 (c. 23) (report to Attorney General by Director of Public Prosecutions), and
a report under paragraph 6 of Schedule 3 to the Commissioners for Revenue and Customs Act 2005 (c. 11) (report to Attorney General by Director of Revenue and Customs Prosecutions).
Directions under this section may make different provision for different cases, circumstances or areas.
If there is a failure to comply with directions under this section in relation to the reference of any matter to one of the Directors, neither— is invalid by reason of anything in the directions or in section 38.
the reference, nor
anything subsequently done in connection with the matter,
In this section “the Directors” means the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions, acting jointly.
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Sections 37 to 37B of the Police and Criminal Evidence Act 1984 (c. 60) (duties of custody officers; guidance etc.) have effect, in relation to a person arrested following a criminal investigation by SOCA relating to a designated offence, as if references to the Director of Public Prosecutions were references to the Director of Revenue and Customs Prosecutions.
In subsection (1) the reference to a designated offence is to be read in accordance with section 38(7)(b) of this Act.
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In this Chapter—
“the Investigating Authority” is to be construed in accordance with section 60(5) and (6);
In section 19B(3) of the Prescription and Limitation (Scotland) Act 1973 (actions for recovery of property obtained through unlawful conduct etc.)—
after paragraph (a) insert—, and
for “earlier” substitute “ earliest ”.
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
In section 82(f) (confiscation: England and Wales: property is free property if order under section 246 etc. applies to it)—
after “section” insert “ 245A, ” and
after “246,” insert “ 255A, 256, ”.
In section 148(f) (confiscation: Scotland: property is free property if order under section 246 etc. applies to it)—
after “section” insert “ 245A, ” and
after “246,” insert “ 255A, 256, ”.
In section 230(f) (confiscation: Northern Ireland: property is free property if order under section 246 etc. applies to it)—
after “section” insert “ 245A, ” and
after “246,” insert “ 255A, 256, ”.
“information” means information held in any form,
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Section 6 of the Vagrancy Act 1824 (power to apprehend) shall cease to have effect.
The Railways Clauses Consolidation Act 1845 is amended as follows. Section 104 (detention of offenders) shall cease to have effect. Section 154 (transient offenders) shall cease to have effect.
In section 7 of the London County Council (General Powers) Act 1894 (arrest for breach of byelaws), omit “and any person called to the assistance of such constable or person authorised”.
In section 12 of the Protection of Animals Act 1911 (powers of constables), omit subsection (1).
In section 1 of the Street Offences Act 1959 (loitering or soliciting for purposes of prostitution), omit subsection (3).
In section 25 of the Theft Act 1968 (going equipped for stealing etc.), omit subsection (4).
In section 3 of the Theft Act 1978 (making off without payment), omit subsection (4).
In section 28 of the Aviation Security Act 1982 (byelaws for designated airports), omit subsection (3).
The Public Order Act 1986 is amended as follows. In section 3 (affray), omit subsection (6). In section 4 (fear or provocation of violence), omit subsection (3). In section 4A (intentional harassment, alarm or distress), omit subsection (4). In section 5 (harassment, alarm or distress), omit subsections (4) and (5). In section 12 (imposing conditions on public processions), omit subsection (7). In section 13 (prohibiting public processions), omit subsection (10). In section 14 (imposing conditions on public assemblies), omit subsection (7). In section 14B (offences in connection with trespassory assemblies), omit subsection (4). In section 14C (stopping persons from proceeding to trespassory assemblies), omit subsection (4). In section 18 (use of words or behaviour or display of written material), omit subsection (3).
In section 30 of the Transport and Works Act 1992 (powers of arrest and entry), omit subsections (1) and (3).
In Schedule 2 to the Reserve Forces Act 1996 (deserters and absentees without leave), omit paragraph 2(1).
In the Criminal Justice and Police Act 2001—
in section 42 (police directions stopping harassment etc. of a person in his home), omit subsection (8),
in section 47 (application of offences relating to prostitution advertising to public structures), omit subsection (3).
In section 2 of the Incitement to Disaffection Act 1934 (which makes provision about search warrants), in subsection (2), for “one month” substitute “three months”.
Until their repeal by the Licensing Act 2003 (c. 17), the following provisions of the Licensing Act 1964 have effect as if for “one month” there were substituted “three months”— section 54 (search warrants relating to clubs), section 85(1) (search warrants relating to parties organised for gain), section 187(1) (search warrants relating to sale of alcohol).
In section 14 of the Computer Misuse Act 1990 (search warrants), in subsection (3)(b), for “twenty-eight days” substitute “three months”.
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for “person” substitute “member of the staff of the Serious Organised Crime Agency”, and
for “the National Criminal Intelligence Service” substitute “that Agency”.
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for “person” substitute “member of the staff of the Serious Organised Crime Agency”, and
for “the National Criminal Intelligence Service” substitute “that Agency”.
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for “person” substitute “member of the staff of the Serious Organised Crime Agency”, and
for “the National Criminal Intelligence Service” substitute “that Agency”.
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for “person” substitute “member of the staff of the Serious Organised Crime Agency”, and
for “the National Criminal Intelligence Service” substitute “that Agency”.
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In section 241(2)(a) (conduct occurring outside the United Kingdom that is unlawful conduct for the purposes of Part 5)—
after “in a country” insert “ or territory ”, and
for “of that country” substitute “ applying in that country or territory ”.
In section 243 (proceedings for recovery orders in England and Wales or Northern Ireland), after subsection (4) insert—
Before section 248 (and its heading) insert the following heading— “ Property freezing orders and interim receiving orders: registration ”
Section 248 (registration: England and Wales) is amended as follows. In subsection (1)(a), for “interim receiving orders” substitute “ property freezing orders, and in relation to interim receiving orders, ”. In subsection (1)(b), for “interim receiving orders” substitute “ property freezing orders, and in relation to applications for interim receiving orders, ”. In subsection (3), before “an interim receiving order” insert “ a property freezing order or ”.
Section 249 (registration: Northern Ireland) is amended as follows. In subsection (1), after “applying for” insert “ a property freezing order or ”. In subsection (1)(b), for “an interim receiving order” substitute “ a property freezing order, or an interim receiving order, ”. After subsection (1) insert— In subsection (3), after “entry made under subsection” insert “ (1A) or ”. In subsection (4)—
Before section 250 (and its heading) insert the following heading— “ Interim receiving orders: further provisions ”
Section 252 (interim receiving orders: prohibition on dealings) is amended as follows. For subsection (4) (restriction on exclusions for legal expenses) substitute— In subsection (6) (power to make exclusions not to be exercised so as to prejudice enforcement authority's rights to recover property), after “must” insert “ , subject to subsection (4A), ”.
In section 266 (recovery orders), after subsection (8) insert—
In section 271(4) (certain payments to trustee for civil recovery to be reduced to take account of loss caused by interim receiving order etc.)—
in paragraph (a), for “an interim receiving order or” substitute “ a property freezing order, an interim receiving order, a prohibitory property order or an ”, and
in paragraph (b), for “interim receiving order or interim administration order” substitute “ order mentioned in paragraph (a) ”.
In section 272(5) (provision in recovery orders for compensation for loss caused by interim receiving order etc.)—
in paragraph (a), for “an interim receiving order or” substitute “ a property freezing order, an interim receiving order, a prohibitory property order or an ”, and
in paragraph (b), for “interim receiving order or interim administration order” substitute “ order mentioned in paragraph (a) ”.
In section 280(2) (application of realised proceeds of recovery order)—
after paragraph (a) insert— and
in paragraph (b), for “second” substitute “ then ”.
In section 283 (compensation where interim receiving order etc. has applied)—
in subsection (1), for “an interim receiving order or” substitute “ a property freezing order, an interim receiving order, a prohibitory property order or an ”, and
in subsection (5), for “interim receiving order or interim administration order” substitute “ order mentioned in subsection (1) ”.
After section 286 insert—
In section 287 (financial threshold for starting proceedings), in subsections (3) and (4) (threshold applies to applications made before proceedings started but does not apply after proceedings started or application made), for “an interim receiving order or” substitute “ a property freezing order, an interim receiving order, a prohibitory property order or an ”.
Section 316(1) (interpretation of Part 5) is amended as follows. “prohibitory property order” has the meaning given by section 255A(2); “property freezing order” has the meaning given by section 245A(2); In paragraph (b) of the definition of “respondent”, for “an interim receiving order or” substitute “ a property freezing order, an interim receiving order, a prohibitory property order or an ”.
In section 432 (insolvency practitioners), in subsections (1)(b), (8)(a) and (9)(a), for “an interim receiving order made under section 246” substitute “ a property freezing order made under section 245A, an interim receiving order made under section 246, a prohibitory property order made under section 255A ”.
“appointed day” means such day as the Secretary of State may by order appoint for the purposes of this section,
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provision as to the consequences of the termination of a person’s employment by a transfer scheme (including provision removing any entitlement to compensation which might otherwise arise in such circumstances);
transitory, transitional or saving provision in connection with any provision which is (or in the future may be) included in a transfer scheme by virtue of paragraph 3.
In section 2 of the Unlawful Drilling Act 1819 (power to disperse unlawful meeting), omit “, or for any other person acting in their aid or assistance,”.
In section 156 of the Companies Clauses Consolidation Act 1845 (transient offenders), omit “, and all persons called by him to his assistance,”.
In section 12 of the Public Stores Act 1875 (powers of arrest and search), omit subsection (1).
The Licensing Act 1902 is amended as follows. In section 1 (apprehension of persons found drunk), omit “apprehended and”. In section 2 (being drunk in charge of a child), in subsection (1), omit “may be apprehended, and”.
In section 7 of the Public Order Act 1936 (enforcement), omit subsection (3).
In Article 19 (power of detention) of the Order set out in the Schedule to the Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967, omit “and any person called to the assistance of such constable or officer”.
The Criminal Law Act 1977 is amended as follows. In section 6 (violence for securing entry), omit subsection (6). In section 7 (adverse occupation of residential premises), omit subsection (6). In section 8 (trespassing with a weapon of offence), omit subsection (4). In section 9 (trespassing on premises of foreign missions, etc.), omit subsection (7). In section 10 (obstruction of certain officers executing process), in subsection (5), omit “A constable in uniform,”.
In Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (control of sex establishments), omit paragraph 24.
In section 7 of the Sporting Events (Control of Alcohol etc.) Act 1985 (powers of enforcement), in subsection (2), omit “, and may arrest such a person”.
In section 2 of the Football Spectators Act 1989 (offences relating to unauthorised attendance at designated football matches), omit subsection (4).
The Criminal Justice and Public Order Act 1994 is amended as follows. In section 61 (power to remove trespassers on land), omit subsection (5). In section 62B (failure to comply with direction under section 62A), omit subsection (4). In section 63 (powers to remove persons attending or preparing for a rave), omit subsection (8). In section 65 (raves: powers to stop persons from proceeding), omit subsection (5). In section 68 (offence of aggravated trespass), omit subsection (4). In section 69 (powers to remove persons committing or participating in aggravated trespass), omit subsection (5). In section 76 (interim possession orders: trespassing during currency of order), omit subsection (7).
In section 31 of the Crime and Disorder Act 1998 (racially or religiously aggravated public order offences), omit subsections (2) and (3).
Section 7 of the Hunting Act 2004 (arrest) shall cease to have effect.
In section 4 of the Royal Parks (Trading) Act 2000 (seizure of property) after subsection (3) add—
In this Chapter—
“the Scottish Drug Enforcement Agency” means the organisation known by that name and established under section 36(1)(a)(ii) of the Police (Scotland) Act 1967; and
“the Director” of that Agency means the person engaged on central service (as defined by section 38(5) of that Act) and for the time being appointed by the Scottish Ministers to exercise control in relation to the activities carried out in the exercise of the Agency’s functions.
Section 81(5) of the Regulation of Investigatory Powers Act 2000 (c. 23) (meaning of “prevention” and “detection”) applies for the purposes of this Chapter as it applies for the purposes of the provisions of that Act not contained in Chapter 1 of Part 1.
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The Director General of SOCA may designate a member of the staff of SOCA as one or more of the following—
a person having the powers of a constable;
a person having the customs powers of an officer of Revenue and Customs;
a person having the powers of an immigration officer.
A designation under this section—
may be made subject to any limitations specified in the designation (whether as to the powers exercisable by virtue of it, the purposes for which they are exercisable or otherwise); and
has effect either for a period so specified or without limit of time.
Subsection (2) applies subject to any modification or withdrawal of the designation under section 45.
A member of SOCA’s staff may be designated as a person having the powers mentioned in any of paragraphs (a) to (c) of subsection (1) whether or not—
he already has (for any reason) any powers falling within any of those paragraphs, or
he had any such powers before becoming a member of SOCA’s staff.
But a person may not be designated as a person having the powers mentioned in any of paragraphs (a) to (c) of subsection (1) unless the Director General is satisfied that that person—
is capable of effectively exercising the powers that would be exercisable by virtue of the designation,
has received adequate training in respect of the exercise of those powers, and
is otherwise a suitable person to exercise those powers.
Where an employee of SOCA— that office is to be treated as suspended so long as he remains in SOCA’s employment, and revives if (and only if) on ceasing to be so employed he returns to service as the holder of that office.
before becoming such an employee, held an office by virtue of which he had any powers falling within subsection (1)(a), (b) or (c), and
has not resigned that office,
References in this section to the powers of a constable, the customs powers of an officer of Revenue and Customs or the powers of an immigration officer are to be read in accordance with sections 46 to 49.
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The Director General of SOCA may, to such extent as he may specify, delegate his functions under section 43 to an employee of SOCA at the prescribed level.
“At the prescribed level” means employed in a grade or on a pay scale not lower than that specified in an order made by the Secretary of State.
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The Director General of SOCA may at any time modify or withdraw a designation made under section 43 by giving a notice to that effect to the designated person.
An employee of SOCA by whom the power to make designations under section 43 is exercisable by virtue of section 44 may at any time modify or withdraw a relevant designation by giving a notice to that effect to the designated person.
For the purposes of this section “a relevant designation”, in relation to such an employee, means a designation of a kind that the employee is authorised to make by virtue of section 44.
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This section applies to a member of SOCA’s staff who is for the time being designated under section 43 as a person having the powers of a constable.
The designated person has all the powers and privileges of a constable.
Those powers and privileges are exercisable by the designated person—
throughout England and Wales and the adjacent United Kingdom waters, and
in accordance with section 47, in Scotland or Northern Ireland and the adjacent United Kingdom waters.
If any of those powers and privileges, when exercisable by a constable, are subject to any territorial restrictions on their exercise, they are similarly subject to those restrictions when exercised by the designated person.
If any of those powers and privileges, when exercisable by a constable, are exercisable elsewhere than in the United Kingdom or the adjacent United Kingdom waters, they are similarly exercisable by the designated person.
The designated person also has any powers exercisable by virtue of subsection (7).
Any enactment under which a constable may be authorised by warrant to exercise any power in relation to any matter has effect, for the purpose of enabling the designated person to be authorised to exercise the power in relation to any such matter, as if he were a constable.
Subsections (2) to (7) have effect subject to any limitation specified in the designation under section 43(2).
In this section references to the powers and privileges of a constable are references to the powers and privileges of a constable whether under any enactment or otherwise.
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This section provides for persons designated as mentioned in section 46(1) (“relevant persons”) to exercise the powers and privileges mentioned in section 46(2) in Scotland or Northern Ireland and the adjacent United Kingdom waters.
If so agreed by— the powers and privileges are exercisable by relevant persons in Scotland and the adjacent United Kingdom waters to such extent and in such circumstances as may be specified in the agreement.
the Scottish Ministers, and
SOCA,
If so agreed by— a relevant person may exercise the powers and privileges in Scotland in connection with a particular operation.
the Director of the Scottish Drug Enforcement Agency or a person nominated by him for the purposes of this subsection, and
SOCA,
A person nominated for the purposes of subsection (3) must be either—
a person for the time being appointed as Deputy Director of that Agency, or
an appropriate officer of a police force for an area in Scotland.
If so agreed by— the powers and privileges are exercisable by relevant persons in Northern Ireland and the adjacent United Kingdom waters to such extent and in such circumstances as may be specified in the agreement.
the Secretary of State, and
SOCA,
If— a relevant person may exercise the powers and privileges in Northern Ireland in connection with a particular operation in accordance with the agreement mentioned in paragraph (b).
an agreement under subsection (5) (“the general authorisation”) is in force, and
an appropriate officer of the Police Service of Northern Ireland and SOCA so agree in conformity with the general authorisation,
In this section—
After paragraph 33 insert—
If a person has imposed a requirement under sub-paragraph (3) or (3B) on another person (“P”), and P does not make an election under sub-paragraph (4), the person imposing the requirement shall, if a constable arrives within the thirty-minute period, be under a duty to remain with the constable and P until he has transferred control of P to the constable. If, following an election under sub-paragraph (4), the person imposing the requirement under sub-paragraph (3) or (3B) (“the CSO”) takes the person upon whom it is imposed (“P”) to a police station, the CSO—
Paragraph 34 (power to take an arrested person to a police station) is amended as follows. In sub-paragraph (1)(c)— After sub-paragraph (1)(c) add—
In paragraph 4 (power to use reasonable force to detain person)—
in sub-paragraph (2)(b), after “relevant offences” insert “or relevant licensing offences”,
in sub-paragraph (3), after “making off” insert “and to keep him under control”.
Paragraph 35 (escort of persons in police detention) is amended as follows. In sub-paragraph (3)— A person who has escorted another person to a police station or other place in accordance with an authorisation under sub-paragraph (1) or (2) —
After paragraph 4 insert—
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This section applies to a member of SOCA’s staff who is for the time being designated under section 43 as a person having the customs powers of an officer of Revenue and Customs.
The designated person has, in relation to any customs matter, the same powers as an officer of Revenue and Customs would have.
The designated person also has any powers exercisable by virtue of subsection (4).
Any enactment under which an officer of Revenue and Customs may be authorised by warrant to exercise any power in relation to any customs matter has effect, for the purpose of enabling the designated person to be authorised to exercise the power in relation to any such matter, as if he were an officer of Revenue and Customs.
Where any power is exercisable by an officer of Revenue and Customs both— it is exercisable by the designated person only in relation to the customs matter.
in relation to a customs matter, and
in relation to any other matter,
Subsections (2) to (5) have effect subject to any limitation specified in the designation under section 43(2).
In this section “customs matter” means any matter other than—
a matter to which section 7 of the Commissioners for Revenue and Customs Act 2005 (c. 11) applies (former Inland Revenue matters), or
any tax or duty not mentioned in Schedule 1 to that Act (which lists such matters).
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This section applies to a member of SOCA’s staff who is for the time being designated under section 43 as a person having the powers of an immigration officer.
The designated person has, in relation to any matter in relation to which powers are exercisable by an immigration officer, the same powers as such an officer would have.
The designated person also has any powers exercisable by virtue of subsection (4).
Any enactment under which an immigration officer may be authorised by warrant to exercise any power in relation to any matter has effect, for the purpose of enabling the designated person to be authorised to exercise the power in relation to any such matter, as if he were an immigration officer.
Subsections (2) to (4) have effect subject to any limitation specified in the designation under section 43(2).
In this section “immigration officer” means a person who is an immigration officer within the meaning of the Immigration Act 1971 (c. 77).
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If a designated person— he must produce evidence of his designation to the other person if requested to do so.
exercises any power in relation to another person in reliance on his designation under section 43, or
purports to do so,
A failure to comply with subsection (1) does not make the exercise of the power invalid.
For the purpose of determining liability for the unlawful conduct of members of SOCA’s staff, any conduct by a designated person in reliance, or purported reliance, on his designation is to be taken to be—
if he is employed by SOCA, conduct in the course of his employment, or
if he is a person to whom section 28 applies by virtue of subsection (3)(a) of that section, conduct falling within subsection (1) of that section.
In the case of any unlawful conduct within subsection (3) which is a tort, SOCA is accordingly to be treated as a joint tortfeasor. This subsection does not apply to Scotland.
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A person commits an offence if he assaults—
a designated person acting in the exercise of a relevant power, or
a person who is assisting a designated person in the exercise of such a power.
A person commits an offence if he resists or wilfully obstructs—
a designated person acting in the exercise of a relevant power, or
a person who is assisting a designated person in the exercise of such a power.
A person commits an offence if, with intent to deceive—
he impersonates a designated person,
he makes any statement or does any act calculated falsely to suggest that he is a designated person, or
he makes any statement or does any act calculated falsely to suggest that he has powers as a designated person that exceed the powers he actually has.
A person guilty of an offence under subsection (1) or (3) is liable on summary conviction— or to both.
to imprisonment for a term not exceeding 51 weeks, or
to a fine not exceeding level 5 on the standard scale,
A person guilty of an offence under subsection (2) is liable on summary conviction— or to both.
to imprisonment for a term not exceeding 51 weeks, or
to a fine not exceeding level 3 on the standard scale,
In this section “relevant power”, in relation to a designated person, means a power or privilege exercisable by that person by virtue of the designation under section 43.
In the application of this section to Scotland the references to 51 weeks in subsections (4)(a) and (5)(a) are to be read as references to 12 months in each case.
In the application of this section to Northern Ireland the references to 51 weeks are to be read as follows—
in subsection (4)(a) the reference is to be read as a reference to 6 months, and
in subsection (5)(a) the reference is to be read as a reference to 1 month.
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The Secretary of State may by order provide for any enactment (or description of enactments) to apply in relation to— with such modifications as he considers necessary or expedient.
designated persons, or
the exercise of powers by such persons under this Chapter,
An order under this section may include provision for or in connection with—
extending to such persons any exemption or protection afforded by an enactment to any other description of persons;
providing for the disclosure of information to, or the doing of other things in relation to, such persons under any enactment;
conferring on the Director General of SOCA functions exercisable in relation to such persons.
Subsection (2) does not affect the generality of subsection (1).
In this section any reference to designated persons includes a reference to any description of such persons.
Before exercising the power conferred by subsection (1) in relation to an enactment which (expressly or otherwise) confers any function on— the Secretary of State must consult the Commissioners.
the Commissioners for Her Majesty’s Revenue and Customs, or
an officer of Revenue and Customs,
Before exercising the power conferred by subsection (1) in relation to an enactment which extends to Scotland, the Secretary of State must consult the Scottish Ministers.
The power conferred by subsection (1) is exercisable by the Scottish Ministers (rather than by the Secretary of State) where the provision to be made is within the legislative competence of the Scottish Parliament.
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A member of SOCA’s staff who is for the time being designated under section 43 as a person having the powers of a constable is not, by virtue of section 46(2), to be treated as being in police service for the purposes of the enactments mentioned in subsection (2).
The enactments are—
section 280 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (person in police service excluded from definitions of “worker” and “employee”);
section 200 of the Employment Rights Act 1996 (c. 18) (certain provisions of the Act not to apply to persons in police service);
Article 145 of the Trade Union and Labour Relations (Northern Ireland) Order 1995 (S.I. 1995/1980 (N.I. 12)); and
Article 243 of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)).
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In this Chapter—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
as the servant or agent of the Crown, or
as enjoying any status, immunity or privilege of the Crown;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this Part of this Schedule—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any reference in this Chapter to the exercise of powers by virtue of a designation under section 43 is, in a case where any limitations were imposed under subsection (2) of that section, a reference to their exercise in conformity with those limitations.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 2 makes provision for, and in connection with, the operation in relation to SOCA of Part 2 of the Police Reform Act 2002 (c. 30) (which relates to complaints and misconduct).
In the Police (Northern Ireland) Act 1998 (c. 32)—
after section 60 insert—; and
in section 61(5) (reports), at the end of paragraph (b) insert; and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of the provisions to which this subsection applies any constable or other person who has been seconded to SOCA to serve as a member of its staff shall be treated as being employed by SOCA as respects any act done by it in relation to that person.
Subsection (1) applies to—
Part 2 of the Sex Discrimination Act 1975 (c. 65);
Part 2 of the Race Relations Act 1976 (c. 74);
Part II of the Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15));
Part 2 of the Disability Discrimination Act 1995 (c. 50);
Part II of the Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6)); and
the Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21)), except Part VII.
For the purposes of the provisions to which this subsection applies—
any constable or other person who has been seconded to SOCA to serve as a member of its staff shall be treated as being employed by SOCA (and as not being employed by any other person); and
anything done by such a person in the performance, or purported performance, of his functions as such a person shall be treated as done in the course of that employment.
Subsection (3) applies to—
section 41 of the Sex Discrimination Act 1975;
section 32 of the Race Relations Act 1976;
Article 42 of the Sex Discrimination (Northern Ireland) Order 1976;
section 58 of the Disability Discrimination Act 1995;
Article 32 of the Race Relations (Northern Ireland) Order 1997; and
Article 36 of the Fair Employment and Treatment (Northern Ireland) Order 1998.
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This section applies where an international joint investigation team has been formed under the leadership of a member of SOCA’s staff.
A person commits an offence if he assaults a member of the team who is carrying out his functions as a member of the team.
A person commits an offence if he resists or wilfully obstructs a member of the team who is carrying out his functions as a member of that team.
A person guilty of an offence under subsection (2) is liable on summary conviction— or to both.
to imprisonment for a term not exceeding 51 weeks, or
to a fine not exceeding level 5 on the standard scale,
A person guilty of an offence under subsection (3) is liable on summary conviction— or to both.
to imprisonment for a term not exceeding 51 weeks, or
to a fine not exceeding level 3 on the standard scale,
In this section “international joint investigation team” means any investigation team formed in accordance with—
any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union,
the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union and the Protocol to that Convention established in accordance with that Article of the Treaty, or
any international agreement to which the United Kingdom is a party and which is specified in an order made by the Secretary of State.
In the application of this section to Scotland the references to 51 weeks in subsections (4)(a) and (5)(a) are to be read as references to 12 months in each case.
In the application of this section to Northern Ireland the references to 51 weeks are to be read as follows—
in subsection (4)(a) the reference is to be read as a reference to 6 months, and
in subsection (5)(a) the reference is to be read as a reference to 1 month.
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This Chapter confers powers on— in relation to the giving of disclosure notices in connection with the investigation of offences to which this Chapter applies or in connection with a terrorist investigation.
the Director of Public Prosecutions,
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the Lord Advocate, and
the Director of Public Prosecutions for Northern Ireland,
The Director of Public Prosecutions may, to such extent as he may determine, delegate the exercise of his powers under this Chapter to a Crown prosecutor.
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The Lord Advocate may, to such extent as he may determine, delegate the exercise of his powers under this Chapter to a procurator fiscal.
In this Chapter “the Investigating Authority” means—
the Director of Public Prosecutions,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Lord Advocate ,or
the Director of Public Prosecutions for Northern Ireland.
The Director of Public Prosecutions for Northern Ireland may, to such extent as he may determine, delegate the exercise of his powers under this Chapter to a Public Prosecutor.
But, in circumstances where the powers of any of those persons are exercisable by any other person by virtue of subsection (2), ... (4) or (4A), references to “the Investigating Authority” accordingly include any such other person.
In this Chapter “terrorist investigation” means an investigation of—
the commission, preparation or instigation of acts of terrorism,
any act or omission which appears to have been for the purposes of terrorism and which consists in or involves the commission, preparation or instigation of an offence, or
the commission, preparation or instigation of an offence under the Terrorism Act 2000 (c. 11) or under Part 1 of the Terrorism Act 2006 other than an offence under section 1 or 2 of that Act.
This Chapter applies to the following offences—
any offence listed in Schedule 2 to the Proceeds of Crime Act 2002 (c. 29) (lifestyle offences: England and Wales);
any offence listed in Schedule 4 to that Act (lifestyle offences: Scotland);
any offence under sections 15 to 18 of the Terrorism Act 2000 (c. 11) (offences relating to fund-raising, money laundering etc.);
any offence listed in Schedule 5 to that Act (lifestyle offences: Northern Ireland);
any offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty) or section 72 of the Value Added Tax Act 1994 (c. 23) (offences relating to VAT) which is a qualifying offence;
any offence under section 17 of the Theft Act 1968 (c. 60) or section 17 of the Theft Act (Northern Ireland) 1969 (false accounting), or any offence at common law of cheating in relation to the public revenue, which is a qualifying offence;
any offence under section 1 of the Criminal Attempts Act 1981 (c. 47) or Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983, or in Scotland at common law, of attempting to commit any offence in paragraph (c) or any offence in paragraph (d) or (e) which is a qualifying offence;
any offence under section 1 of the Criminal Law Act 1977 (c. 45) or Article 9 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983, or in Scotland at common law, of conspiracy to commit any offence in paragraph (c) or any offence in paragraph (d) or (e) which is a qualifying offence;
any offence under the Bribery Act 2010.
any offence under section 45 or 46 of the Criminal Finances Act 2017 (failure to prevent the facilitation of UK tax evasion offences or foreign tax evasion offences).
any offence under regulations under section 1 of the Sanctions and Anti-Money Laundering Act 2018 (sanctions regulations) which is specified by those regulations by virtue of section 17(8) of that Act.
an offence under section 199 of the Economic Crime and Corporate Transparency Act 2023 (failure to prevent fraud offences).
For the purposes of subsection (1) an offence in paragraph (d) or (e) of that subsection is a qualifying offence if the Investigating Authority certifies that in his opinion—
in the case of an offence in paragraph (d) or an offence of cheating the public revenue, the offence involved or would have involved a loss, or potential loss, to the public revenue of an amount not less than £5,000;
in the case of an offence under section 17 of the Theft Act 1968 (c. 60) or section 17 of the Theft Act (Northern Ireland) 1969, the offence involved or would have involved a loss or gain, or potential loss or gain, of an amount not less than £5,000.
A document purporting to be a certificate under subsection (2) is to be received in evidence and treated as such a certificate unless the contrary is proved.
The Secretary of State may by order—
amend subsection (1), in its application to England and Wales or Northern Ireland, so as to remove an offence from it or add an offence to it;
amend subsection (2), in its application to England and Wales or Northern Ireland, so as to—
take account of any amendment made by virtue of paragraph (a) above, or
vary the sums for the time being specified in subsection (2)(a) and (b).
The Scottish Ministers may by order—
amend subsection (1), in its application to Scotland, so as to remove an offence from it or add an offence to it;
amend subsection (2), in its application to Scotland, so as to—
take account of any amendment made by virtue of paragraph (a) above, or
vary the sums for the time being specified in subsection (2)(a) and (b).
If it appears to the Investigating Authority— he may give, or authorise an appropriate person to give, a disclosure notice to that person.
that there are reasonable grounds for suspecting that an offence to which this Chapter applies has been committed,
that any person has information (whether or not contained in a document) which relates to a matter relevant to the investigation of that offence, and
that there are reasonable grounds for believing that information which may be provided by that person in compliance with a disclosure notice is likely to be of substantial value (whether or not by itself) to that investigation,
In this Chapter “appropriate person” means— But in the application of this Chapter to Northern Ireland, this subsection has effect as if paragraph (b) was omitted.
a constable,
a National Crime Agency officer who is for the time being designated under section 9 or 10 of the Crime and Courts Act 2013, or
an officer of Revenue and Customs.
If it appears to the Investigating Authority— he may give, or authorise an appropriate person to give, a disclosure notice to that person.
that any person has information (whether or not contained in a document) which relates to a matter relevant to a terrorist investigation, and
that there are reasonable grounds for believing that information which may be provided by that person in compliance with a disclosure notice is likely to be of substantial value (whether or not by itself) to that investigation,
In this Chapter “disclosure notice” means a notice in writing requiring the person to whom it is given to do all or any of the following things in accordance with the specified requirements, namely—
answer questions with respect to any matter relevant to the investigation;
provide information with respect to any such matter as is specified in the notice;
produce such documents, or documents of such descriptions, relevant to the investigation as are specified in the notice.
In subsection (3) “the specified requirements” means such requirements specified in the disclosure notice as relate to— the person to whom the notice is given is to do any of the things mentioned in paragraphs (a) to (c) of that subsection; and those requirements may include a requirement to do any of those things at once.
the time at or by which,
the place at which, or
the manner in which,
A disclosure notice must be signed or counter-signed by the Investigating Authority.
This section has effect subject to section 64 (restrictions on requiring information etc.).
This section applies where a disclosure notice has been given under section 62.
An authorised person may—
take copies of or extracts from any documents produced in compliance with the notice, and
require the person producing them to provide an explanation of any of them.
Documents so produced may be retained for so long as the Investigating Authority considers that it is necessary to retain them (rather than copies of them) in connection with the investigation for the purposes of which the disclosure notice was given.
If the Investigating Authority has reasonable grounds for believing— they may be retained until the proceedings are concluded.
that any such documents may have to be produced for the purposes of any legal proceedings, and
that they might otherwise be unavailable for those purposes,
If a person who is required by a disclosure notice to produce any documents does not produce the documents in compliance with the notice, an authorised person may require that person to state, to the best of his knowledge and belief, where they are.
In this section “authorised person” means any appropriate person who either—
is the person by whom the notice was given, or
is authorised by the Investigating Authority for the purposes of this section.
This section has effect subject to section 64 (restrictions on requiring information etc.).
A person may not be required under section 62 or 63— except that a lawyer may be required to provide the name and address of a client of his.
to answer any privileged question,
to provide any privileged information, or
to produce any privileged document,
A “privileged question” is a question which the person would be entitled to refuse to answer on grounds of legal professional privilege in proceedings in the High Court.
“Privileged information” is information which the person would be entitled to refuse to provide on grounds of legal professional privilege in such proceedings.
A “privileged document” is a document which the person would be entitled to refuse to produce on grounds of legal professional privilege in such proceedings.
A person may not be required under section 62 to produce any excluded material (as defined by section 11 of the Police and Criminal Evidence Act 1984 (c. 60) or, in relation to Northern Ireland, Article 13 of the Police and Criminal Evidence (Northern Ireland) Order 1989).
In the application of this section to Scotland—
subsections (1) to (5) do not have effect, but
a person may not be required under section 62 or 63 to answer any question, provide any information or produce any document which he would be entitled, on grounds of legal privilege, to refuse to answer or (as the case may be) provide or produce.
In subsection (6)(b), “legal privilege” has the meaning given by section 412 of the Proceeds of Crime Act 2002 (c. 29).
A person may not be required under section 62 or 63 to disclose any information or produce any document in respect of which he owes an obligation of confidence by virtue of carrying on any banking business, unless—
the person to whom the obligation of confidence is owed consents to the disclosure or production, or
the requirement is made by, or in accordance with a specific authorisation given by, the Investigating Authority.
Subject to the preceding provisions, any requirement under section 62 or 63 has effect despite any restriction on disclosure (however imposed).
A statement made by a person in response to a requirement imposed under section 62 or 63 (“the relevant statement”) may not be used in evidence against him in any criminal proceedings unless subsection (2) or (3) applies.
This subsection applies where the person is being prosecuted—
for an offence under section 67 of this Act, or
for an offence under section 5 of the Perjury Act 1911 (c. 6) (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath), or
for an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39) (false statutory declarations and other false statements without oath) or at common law for an offence of attempting to pervert the course, or defeat the ends, of justice, or
for an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).
This subsection applies where the person is being prosecuted for some other offence and—
the person, when giving evidence in the proceedings, makes a statement inconsistent with the relevant statement, and
in the proceedings evidence relating to the relevant statement is adduced, or a question about it is asked, by or on behalf of the person.
A justice of the peace may issue a warrant under this section if, on an information on oath laid by the Investigating Authority, he is satisfied—
that any of the conditions mentioned in subsection (2) is met in relation to any documents of a description specified in the information, and
that the documents are on premises so specified.
The conditions are—
that a person has been required by a disclosure notice to produce the documents but has not done so;
that it is not practicable to give a disclosure notice requiring their production;
that giving such a notice might seriously prejudice the investigation of an offence to which this Chapter applies.
A warrant under this section is a warrant authorising an appropriate person named in it—
to enter and search the premises, using such force as is reasonably necessary;
to take possession of any documents appearing to be documents of a description specified in the information, or to take any other steps which appear to be necessary for preserving, or preventing interference with, any such documents;
in the case of any such documents consisting of information recorded otherwise than in legible form, to take possession of any computer disk or other electronic storage device which appears to contain the information in question, or to take any other steps which appear to be necessary for preserving, or preventing interference with, that information;
to take copies of or extracts from any documents or information falling within paragraph (b) or (c);
to require any person on the premises to provide an explanation of any such documents or information or to state where any such documents or information may be found;
to require any such person to give the appropriate person such assistance as he may reasonably require for the taking of copies or extracts as mentioned in paragraph (d).
A person executing a warrant under this section may take other persons with him, if it appears to him to be necessary to do so.
A warrant under this section must, if so required, be produced for inspection by the owner or occupier of the premises or anyone acting on his behalf.
If the premises are unoccupied or the occupier is temporarily absent, a person entering the premises under the authority of a warrant under this section must leave the premises as effectively secured against trespassers as he found them.
Where possession of any document or device is taken under this section— as the case may be.
the document may be retained for so long as the Investigating Authority considers that it is necessary to retain it (rather than a copy of it) in connection with the investigation for the purposes of which the warrant was sought, or
the device may be retained for so long as he considers that it is necessary to retain it in connection with that investigation,
If the Investigating Authority has reasonable grounds for believing— it may be retained until the proceedings are concluded.
that any such document or device may have to be produced for the purposes of any legal proceedings, and
that it might otherwise be unavailable for those purposes,
Nothing in this section authorises a person to take possession of, or make copies of or take extracts from, any document or information which, by virtue of section 64, could not be required to be produced or disclosed under section 62 or 63.
In the application of this section to Scotland—
subsection (1) has effect as if, for the words from the beginning to “satisfied—”, there were substituted “ A sheriff may issue a warrant under this section, on the application of a procurator fiscal, if he is satisfied— ”;
subsections (1)(a) and (3)(b) have effect as if, for “in the information”, there were substituted “ in the application ”; and
subsections (4) to (6) do not have effect.
In the application of this section to Northern Ireland—
subsection (1) has effect as if, for the words from the beginning to “laid”, there were substituted “A lay magistrate may issue a warrant under this section if, on complaint on oath made”; and
subsections (1)(a) and (3)(b) have effect as if, for “in the information”, there were substituted “in the complaint”.
A person commits an offence if, without reasonable excuse, he fails to comply with any requirement imposed on him under section 62 or 63.
A person commits an offence if, in purported compliance with any requirement imposed on him under section 62 or 63—
he makes a statement which is false or misleading, and
he either knows that it is false or misleading or is reckless as to whether it is false or misleading. “False or misleading” means false or misleading in a material particular.
A person commits an offence if he wilfully obstructs any person in the exercise of any rights conferred by a warrant under section 66.
A person guilty of an offence under subsection (1) or (3) is liable on summary conviction— or to both.
to imprisonment for a term not exceeding 51 weeks, or
to a fine not exceeding level 5 on the standard scale,
A person guilty of an offence under subsection (2) is liable—
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum, or to both.
In the application of this section to Scotland, the reference to 51 weeks in subsection (4)(a) is to be read as a reference to 12 months.
In the application of this section to Northern Ireland—
the reference to 51 weeks in subsection (4)(a) is to be read as a reference to 6 months; and
the reference to 12 months in subsection (5)(b) is to be read as a reference to 6 months.
In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001 (c. 16) (powers of seizure to which section 50 applies) after paragraph 73E (inserted by the Human Tissue Act 2004 (c. 30)) insert—
This section provides for the manner in which a disclosure notice may be given under section 62.
The notice may be given to a person by—
delivering it to him,
leaving it at his proper address,
sending it by post to him at that address.
The notice may be given—
in the case of a body corporate, to the secretary or clerk of that body;
in the case of a partnership, to a partner or a person having the control or management of the partnership business;
in the case of an unincorporated association (other than a partnership), to an officer of the association.
For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, the proper address of a person is his usual or last-known address (whether residential or otherwise), except that—
in the case of a body corporate or its secretary or clerk, it is the address of the registered office of that body or its principal office in the United Kingdom,
in the case of a partnership, a partner or a person having the control or management of the partnership business, it is that of the principal office of the partnership in the United Kingdom, and
in the case of an unincorporated association (other than a partnership) or an officer of the association, it is that of the principal office of the association in the United Kingdom.
This section does not apply to Scotland.
In this Chapter—
“disclosure notice” has the meaning given by section 62(3);
In relation to information recorded otherwise than in legible form, any reference in this Chapter to the production of documents is a reference to the production of a copy of the information in legible form.
If a specified prosecutor thinks that for the purposes of the investigation or prosecution of an indictable offence or an offence triable either way it is appropriate to offer any person immunity from prosecution for any offence he may give the person a written notice under this subsection (an “immunity notice”).
If a person is given an immunity notice, no proceedings for an offence of a description specified in the notice may be brought against that person in England and Wales or Northern Ireland except in circumstances specified in the notice.
An immunity notice ceases to have effect in relation to the person to whom it is given if the person fails to comply with any conditions specified in the notice.
Each of the following is a specified prosecutor—
the Director of Public Prosecutions;
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the Director of the Serious Fraud Office;
the Director of Public Prosecutions for Northern Ireland;
a prosecutor designated for the purposes of this section by a prosecutor mentioned in paragraphs (a) to (db).
the Financial Conduct Authority;
the Prudential Regulation Authority;
the Bank of England, where the indictable offence or offence triable either way which is being investigated or prosecuted is an offence under the Financial Services and Markets Act 2000;
the Competition and Markets Authority;
the Secretary of State for Business and Trade, acting personally;
The Director of Public Prosecutions or a person designated by him under subsection (4)(e) may not give an immunity notice in relation to proceedings in Northern Ireland.
The Director of Public Prosecutions for Northern Ireland or a person designated by him under subsection (4)(e) may not give an immunity notice in relation to proceedings in England and Wales.
An immunity notice must not be given in relation to an offence under section 188 of the Enterprise Act 2002 (c. 40) (cartel offences).
In exercising the power to designate a prosecutor under subsection (4)(e), the Financial Conduct Authority, the Prudential Regulation Authority, the Bank of England, the Competition and Markets Authority and the Secretary of State for Business and Trade may each designate only—
one prosecutor (a “chief prosecutor”) to act at any one time, and
an alternative prosecutor (a “deputy prosecutor”) to act as a specified prosecutor—
when the chief prosecutor is unavailable, or
during any period when no chief prosecutor is designated.
Paragraph 8(1) of Schedule 1ZA ... to the Financial Services and Markets Act 2000 (arrangements for discharging functions) and paragraph 17(1) of Schedule 6A to the Bank of England Act 1998 (delegation of functions) do not apply to the exercise of the powers conferred on the Financial Conduct Authority or the Prudential Regulation Authority under this Chapter.
Paragraph 11 of Schedule 1 to the Bank of England Act 1998 (power to delegate) does not apply to the exercise of the powers conferred on the Bank of England under this Chapter.
An immunity notice may be given by the Financial Conduct Authority, the Prudential Regulation Authority, the Bank of England, the Secretary of State for Business and Trade or a prosecutor designated by any of them under subsection (4)(e), only with the consent of the Attorney General.
The Competition and Markets Authority, or a person designated by the Competition and Markets Authority under subsection (4)(e), may not give an immunity notice (but has the other powers available to specified prosecutors).
If a specified prosecutor thinks that for the purposes of the investigation or prosecution of an indictable offence or an offence triable either way it is appropriate to offer any person an undertaking that information of any description will not be used against the person in any proceedings to which this section applies he may give the person a written notice under this subsection (a “restricted use undertaking”).
This section applies to—
any criminal proceedings;
proceedings under Part 5 of the Proceeds of Crime Act 2002 (c. 29).
If a person is given a restricted use undertaking the information described in the undertaking must not be used against that person in any proceedings to which this section applies brought in England and Wales or Northern Ireland except in the circumstances specified in the undertaking.
A restricted use undertaking ceases to have effect in relation to the person to whom it is given if the person fails to comply with any conditions specified in the undertaking.
The Director of Public Prosecutions for Northern Ireland or a person designated by him under section 71(4)(e) may not give a restricted use undertaking in relation to proceedings in England and Wales.
The Director of Public Prosecutions or a person designated by him under section 71(4)(e) may not give a restricted use undertaking in relation to proceedings in Northern Ireland.
Specified prosecutor must be construed in accordance with section 71(4).
This section applies in Northern Ireland if a defendant—
following a plea of guilty is either convicted of an offence in proceedings in the Crown Court or is committed to the Crown Court for sentence, and
has, pursuant to a written agreement made with a specified prosecutor, assisted or offered to assist the investigator or prosecutor in relation to that or any other offence.
In determining what sentence to pass on the defendant the court may take into account the extent and nature of the assistance given or offered.
If the court passes a sentence which is less than it would have passed but for the assistance given or offered, it must state in open court—
that it has passed a lesser sentence than it would otherwise have passed, and
what the greater sentence would have been.
Subsection (3) does not apply if the court thinks that it would not be in the public interest to disclose that the sentence has been discounted; but in such a case the court must give written notice of the matters specified in paragraphs (a) and (b) of subsection (3) to both the prosecutor and the defendant.
Nothing in any enactment which— affects the power of a court to act under subsection (2).
requires that a minimum sentence is passed in respect of any offence or an offence of any description or by reference to the circumstances of any offender (whether or not the enactment also permits the court to pass a lesser sentence in particular circumstances), or
in the case of a sentence which is fixed by law, requires the court to take into account certain matters for the purposes of making an order which determines or has the effect of determining the minimum period of imprisonment which the offender must serve (whether or not the enactment also permits the court to fix a lesser period in particular circumstances),
If, in determining what sentence to pass on the defendant, the court takes into account the extent and nature of the assistance given or offered as mentioned in subsection (2), that does not prevent the court from also taking account of any other matter which it is entitled by virtue of any other enactment to take account of for the purposes of determining—
the sentence, or
in the case of a sentence which is fixed by law, any minimum period of imprisonment which an offender must serve.
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In this section—
a reference to a sentence includes, in the case of a sentence which is fixed by law, a reference to the minimum period an offender is required to serve, and a reference to a lesser sentence must be construed accordingly;
a reference to imprisonment includes a reference to any other custodial sentence within the meaning of ... Article 2 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/ 3160).
An agreement with a specified prosecutor may provide for assistance to be given to that prosecutor or to any other prosecutor.
References to a specified prosecutor must be construed in accordance with section 71.
This section applies if in Northern Ireland—
the Crown Court has passed a sentence on a person in respect of an offence, and
the person falls within subsection (2).
A person falls within this subsection if—
he receives a discounted sentence in consequence of his having offered in pursuance of a written agreement to give assistance to the prosecutor or investigator of an offence but he knowingly fails to any extent to give assistance in accordance with the agreement;
he receives a discounted sentence in consequence of his having offered in pursuance of a written agreement to give assistance to the prosecutor or investigator of an offence and, having given the assistance in accordance with the agreement, in pursuance of another written agreement gives or offers to give further assistance;
he receives a sentence which is not discounted but in pursuance of a written agreement he subsequently gives or offers to give assistance to the prosecutor or investigator of an offence.
A specified prosecutor may at any time refer the case back to the court by which the sentence was passed if—
the person is still serving his sentence, and
the specified prosecutor thinks it is in the interests of justice to do so.
A case so referred must, if possible, be heard by the judge who passed the sentence to which the referral relates.
If the court is satisfied that a person who falls within subsection (2)(a) knowingly failed to give the assistance it may substitute for the sentence to which the referral relates such greater sentence (not exceeding that which it would have passed but for the agreement to give assistance) as it thinks appropriate.
In a case of a person who falls within subsection (2)(b) or (c) the court may—
take into account the extent and nature of the assistance given or offered;
substitute for the sentence to which the referral relates such lesser sentence as it thinks appropriate.
Any part of the sentence to which the referral relates which the person has already served must be taken into account in determining when a greater or lesser sentence imposed by subsection (5) or (6) has been served.
A person in respect of whom a reference is made under this section and the specified prosecutor may with the leave of the Court of Appeal appeal to the Court of Appeal against the decision of the Crown Court.
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A discounted sentence is a sentence passed in pursuance of section 73 or subsection (6) above.
References—
to a written agreement are to an agreement made in writing with a specified prosecutor;
to a specified prosecutor must be construed in accordance with section 71.
In relation to any proceedings under this section,
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the Department of Justice in Northern Ireland may, in relation to proceedings in Northern Ireland, make an order containing provision corresponding to any provision in the Criminal Appeal (Northern Ireland) Act 1980 (subject to any specified modifications).
A person does not fall within subsection (2) if—
he was convicted of an offence for which the sentence is fixed by law, and
he did not plead guilty to the offence for which he was sentenced.
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Subsections (3) to (9) of section 73 apply for the purposes of this section as they apply for the purposes of that section and any reference in those subsections to subsection (2) of that section must be construed as a reference to subsection (6) of this section.
This section applies to—
any proceedings relating to a reference made under section 74(3), and
any other proceedings arising in consequence of such proceedings.
The court in which the proceedings will be or are being heard may make such order as it thinks appropriate—
to exclude from the proceedings any person who does not fall within subsection (4);
to give such directions as it thinks appropriate prohibiting the publication of any matter relating to the proceedings (including the fact that the reference has been made).
An order under subsection (2) may be made only to the extent that the court thinks—
that it is necessary to do so to protect the safety of any person, and
that it is in the interests of justice.
The following persons fall within this subsection—
a member or officer of the court;
a party to the proceedings;
counsel or a solicitor for a party to the proceedings;
a person otherwise directly concerned with the proceedings.
This section does not affect any other power which the court has by virtue of any rule of law or other enactment—
to exclude any person from proceedings, or
to restrict the publication of any matter relating to proceedings.
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The Attorney General may issue guidance to specified prosecutors about the exercise by them of any of their powers under sections 71 to 74.
The Attorney General may from time to time revise any guidance issued under this section.
In this section “specified prosecutor” is to be construed in accordance with section 71.
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A court sentencing or otherwise dealing with a person convicted of an offence mentioned in subsection (3) may also make a financial reporting order in respect of him.
But it may do so only if it is satisfied that the risk of the person’s committing another offence mentioned in subsection (3) is sufficiently high to justify the making of a financial reporting order.
The offences are—
an offence under any of the following provisions of the Theft Act 1968 (c. 60)— section 15 (obtaining property by deception), section 15A (obtaining a money transfer by deception), section 16 (obtaining a pecuniary advantage by deception), section 20(2) (procuring execution of valuable security, etc.),
an offence under either of the following provisions of the Theft Act 1978 (c. 31)— section 1 (obtaining services by deception), section 2 (evasion of liability by deception),
any offence specified in Schedule 2 to the Proceeds of Crime Act 2002 (c. 29) (“lifestyle offences”).
The Secretary of State may by order amend subsection (3) so as to remove an offence from it or add an offence to it.
A financial reporting order—
comes into force when it is made, and
has effect for the period specified in the order, beginning with the date on which it is made.
If the order is made by a magistrates' court, the period referred to in subsection (5)(b) must not exceed 5 years.
Otherwise, that period must not exceed—
if the person is sentenced to imprisonment for life, 20 years,
otherwise, 15 years.
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A court sentencing or otherwise dealing with a person convicted of an offence mentioned in subsection (3) may also make a financial reporting order in respect of him.
But he or it may do so only if satisfied that the risk of the person’s committing another offence mentioned in subsection (3) is sufficiently high to justify the making of a financial reporting order.
The offences are—
at common law, the offence of fraud,
any offence specified in Schedule 4 to the Proceeds of Crime Act 2002 (c. 29) (“lifestyle offences”: Scotland).
The Scottish Ministers may by order amend subsection (3) so as to remove an offence from it or add an offence to it.
A financial reporting order—
comes into force when it is made, and
has effect for the period specified in the order, beginning with the date on which it is made.
If the order is made by the sheriff, the period referred to in subsection (5)(b) must not exceed 5 years.
If the order is made by the High Court of Justiciary, that period must not exceed—
if the person is sentenced to imprisonment for life, 20 years,
otherwise, 15 years.
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A court sentencing or otherwise dealing with a person convicted of an offence mentioned in subsection (3) may also make a financial reporting order in respect of him.
But the court may do so only if it is satisfied that the risk of the person’s committing another offence mentioned in subsection (3) is sufficiently high to justify the making of a financial reporting order.
The offences are—
an offence under any of the following provisions of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))— section 15 (obtaining property by deception), section 15A (obtaining a money transfer by deception), section 16 (obtaining a pecuniary advantage by deception), section 19(2) (procuring execution of valuable security, etc.),
an offence under either of the following provisions of the Theft (Northern Ireland) Order 1978 (S.I. 1978/1407 (N.I. 23))— Article 3 (obtaining services by deception), Article 4 (evasion of liability by deception),
any offence specified in Schedule 5 to the Proceeds of Crime Act 2002 (“lifestyle offences”: Northern Ireland).
A financial reporting order—
comes into force when it is made, and
has effect for the period specified in the order, beginning with the date on which it is made.
If the order is made by a magistrates' court, or by the county court on appeal, the period referred to in subsection (4)(b) must not exceed 5 years.
Otherwise, that period must not exceed—
if the person is sentenced to imprisonment for life, 20 years,
otherwise, 15 years.
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A person in relation to whom a financial reporting order has effect must do the following.
He must make a report, in respect of—
the period of a specified length beginning with the date on which the order comes into force, and
subsequent periods of specified lengths, each period beginning immediately after the end of the previous one.
He must set out in each report, in the specified manner, such particulars of his financial affairs relating to the period in question as may be specified.
He must include any specified documents with each report.
He must make each report within the specified number of days after the end of the period in question.
He must make each report to the specified person.
Rules of court may provide for the maximum length of the periods which may be specified under subsection (2).
In this section, “specified” means specified by the court in the order.
In Scotland the specified person must be selected by the court from a list set out in an order made for the purposes of this section by the Scottish Ministers.
A person who without reasonable excuse includes false or misleading information in a report, or otherwise fails to comply with any requirement of this section, is guilty of an offence and is liable on summary conviction to— or to both.
imprisonment for a term not exceeding—
in England and Wales, 51 weeks,
in Scotland, 12 months,
in Northern Ireland, 6 months, or
a fine not exceeding level 5 on the standard scale,
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An application for variation or revocation of a financial reporting order may be made by—
the person in respect of whom it has been made,
the person to whom reports are to be made under it (see section 79(6)).
The application must be made to the court which made the order.
But if the order was made on appeal, the application must be made to the court which originally sentenced the person in respect of whom the order was made.
If (in either case) that court was a magistrates' court, the application may be made to any magistrates' court acting in the same local justice area (or in Northern Ireland for the same county court division) as that court.
Subsections (3) and (4) do not apply to Scotland.
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In this section, “the specified person” means the person to whom reports under a financial reporting order are to be made.
The specified person may, for the purpose of doing either of the things mentioned in subsection (4), disclose a report to any person who he reasonably believes may be able to contribute to doing either of those things.
Any other person may disclose information to— for the purpose of contributing to doing either of the things mentioned in subsection (4).
the specified person, or
a person to whom the specified person has disclosed a report,
The things mentioned in subsections (2) and (3) are—
checking the accuracy of the report or of any other report made pursuant to the same order,
discovering the true position.
The specified person may also disclose a report for the purposes of—
the prevention, detection, investigation or prosecution of criminal offences, whether in the United Kingdom or elsewhere,
the prevention, detection or investigation of conduct for which penalties other than criminal penalties are provided under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom.
A disclosure under this section does not breach—
any obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information (however imposed).
But nothing in this section authorises a disclosure, in contravention of any provisions of the Data Protection Act 1998 (c. 29), of personal data which are not exempt from those provisions.
In this section, references to a report include any of its contents, any document included with the report, or any of the contents of such a document.
A protection provider may make such arrangements as he considers appropriate for the purpose of protecting a person of a description specified in Schedule 5 if— any person if he reasonably believes that the person's safety is at risk in view of the criminal conduct or possible criminal conduct of another person.
the protection provider considers that the person's safety is at risk by virtue of his being a person of a description so specified, and
the person is ordinarily resident in the United Kingdom.
A protection provider may vary or cancel any arrangements made by him under subsection (1) if he considers it appropriate to do so.
If a protection provider makes arrangements under subsection (1) or cancels arrangements made under that subsection, he must record that he has done so.
In determining whether to make arrangements under subsection (1), or to vary or cancel arrangements made under that subsection, a protection provider must, in particular, have regard to—
the nature and extent of the risk to the person's safety,
the cost of the arrangements,
the likelihood that the person, and any person associated with him, will be able to adjust to any change in their circumstances which may arise from the making of the arrangements or from their variation or cancellation (as the case may be), and
if the person is or might be a witness in legal proceedings (whether or not in the United Kingdom), the nature of the proceedings and the importance of his being a witness in those proceedings.
A protection provider is—
a chief officer of a police force in England and Wales;
the chief constable of the Police Service of Scotland;
the Chief Constable of the Police Service of Northern Ireland;
the Director General of the National Crime Agency;
any of the Commissioners for Her Majesty's Revenue and Customs;
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a person designated by a person mentioned in any of the preceding paragraphs to exercise his functions under this section.
The Secretary of State may, after consulting the Scottish Ministers and the Department of Justice in Northern Ireland, by order amend Schedule 5 so as to add, modify or omit any entry.
In subsection (1), “criminal conduct” means conduct which constitutes an offence in England and Wales or Scotland, or would do if it occurred there.
Nothing in this section affects any power which a person has (otherwise than by virtue of this section) to make arrangements for the protection of another person.
Nothing in this section prevents a protection provider from making arrangements under this section for the protection of a person where non-statutory arrangements have already been made in respect of that person.
Arrangements may be made under section 82(1) by two or more protection providers acting jointly.
If arrangements are made jointly by virtue of subsection (1), any powers conferred on a protection provider by this Chapter are exercisable in relation to the arrangements by—
all of the protection providers acting together, or
one of the protection providers, or some of the protection providers acting together, with the agreement of the others.
Nothing in this section or in section 84 affects any power which a protection provider has to request or obtain assistance from another protection provider.
A protection provider who makes arrangements under section 82(1) may agree with another protection provider that, as from a date specified in the agreement—
the protection provider will cease to discharge any responsibilities which he has in relation to the arrangements, and
the other protection provider will discharge those responsibilities instead.
Any such agreement may include provision for the making of payments in respect of any costs incurred or likely to be incurred in consequence of the agreement.
If an agreement is made under subsection (1), any powers conferred on a protection provider by this Chapter (including the power conferred by subsection (1)) are, as from the date specified in the agreement, exercisable by the other protection provider as if he had made the arrangements under section 82(1).
Each protection provider who makes an agreement under subsection (1) must record that he has done so.
This section applies if a protection provider requests assistance from a public authority in connection with the making of arrangements under section 82(1) or the implementation, variation or cancellation of such arrangements.
The public authority must take reasonable steps to provide the assistance requested.
“Public authority” includes any person certain of whose functions are of a public nature but does not include—
a court or tribunal,
either House of Parliament or a person exercising functions in connection with proceedings in Parliament, or
the Scottish Parliament or a person exercising functions in connection with proceedings in the Scottish Parliament.
A person commits an offence if—
he discloses information which relates to the making of arrangements under section 82(1) or to the implementation, variation or cancellation of such arrangements, and
he knows or suspects that the information relates to the making of such arrangements or to their implementation, variation or cancellation.
A person who commits an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both;
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine not exceeding the statutory maximum or to both.
In the application of this section to Scotland or Northern Ireland, the reference in subsection (2)(b) to 12 months is to be read as a reference to 6 months.
A person (P) is not guilty of an offence under section 86 if—
at the time when P disclosed the information, he was or had been a protected person,
the information related only to arrangements made for the protection of P or for the protection of P and a person associated with him, and
at the time when P disclosed the information, it was not likely that its disclosure would endanger the safety of any person.
A person (D) is not guilty of an offence under section 86 if—
D disclosed the information with the agreement of a person (P) who, at the time the information was disclosed, was or had been a protected person,
the information related only to arrangements made for the protection of P or for the protection of P and a person associated with him, and
at the time when D disclosed the information, it was not likely that its disclosure would endanger the safety of any person.
A person is not guilty of an offence under section 86 if he disclosed the information for the purposes of safeguarding national security or for the purposes of the prevention, detection or investigation of crime.
A person is not guilty of an offence under section 86 if—
at the time when he disclosed the information, he was a protection provider or involved in the making of arrangements under section 82(1) or in the implementation, variation or cancellation of such arrangements, and
he disclosed the information for the purposes of the making, implementation, variation or cancellation of such arrangements.
The Secretary of State may by order make provision prescribing circumstances in which a person who discloses information as mentioned in section 86(1) is not guilty in England and Wales ... of an offence under that section.
The Scottish Ministers may by order make provision prescribing circumstances in which a person who discloses information as mentioned in section 86(1) is not guilty in Scotland of an offence under that section.
If sufficient evidence is adduced to raise an issue with respect to a defence under or by virtue of this section, the court or jury must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
The Department of Justice in Northern Ireland may by order make provision prescribing circumstances in which a person who discloses information as mentioned in section 86(1) is not guilty in Northern Ireland of an offence under that section.
A person (P) commits an offence if—
P is or has been a protected person,
P assumed a new identity in pursuance of arrangements made under section 82(1),
P discloses information which indicates that he assumed, or might have assumed, a new identity, and
P knows or suspects that the information disclosed by him indicates that he assumed, or might have assumed, a new identity.
A person (D) commits an offence if—
D discloses information which relates to a person (P) who is or has been a protected person,
P assumed a new identity in pursuance of arrangements made under section 82(1),
the information disclosed by D indicates that P assumed, or might have assumed, a new identity, and
D knows or suspects—
that P is or has been a protected person, and
that the information disclosed by D indicates that P assumed, or might have assumed, a new identity.
A person who commits an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both;
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine not exceeding the statutory maximum or to both.
In the application of this section to Scotland or Northern Ireland, the reference in subsection (3)(b) to 12 months is to be read as a reference to 6 months.
P is not guilty of an offence under section 88(1) if, at the time when he disclosed the information, it was not likely that its disclosure would endanger the safety of any person.
D is not guilty of an offence under section 88(2) if—
D disclosed the information with the agreement of P, and
at the time when D disclosed the information, it was not likely that its disclosure would endanger the safety of any person.
D is not guilty of an offence under section 88(2) if he disclosed the information for the purposes of safeguarding national security or for the purposes of the prevention, detection or investigation of crime.
D is not guilty of an offence under section 88(2) if—
at the time when he disclosed the information, he was a protection provider or involved in the making of arrangements under section 82(1) or in the implementation, variation or cancellation of such arrangements, and
he disclosed the information for the purposes of the making, implementation, variation or cancellation of such arrangements.
The Secretary of State may by order make provision prescribing circumstances in which a person who discloses information as mentioned in subsection (1) or (2) of section 88 is not guilty in England and Wales ... of an offence under that subsection.
The Scottish Ministers may by order make provision prescribing circumstances in which a person who discloses information as mentioned in subsection (1) or (2) of section 88 is not guilty in Scotland of an offence under that subsection.
If sufficient evidence is adduced to raise an issue with respect to a defence under or by virtue of this section, the court or jury must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
The Department of Justice in Northern Ireland may by order make provision prescribing circumstances in which a person who discloses information as mentioned in subsection (1) or (2) of section 88 is not guilty in Northern Ireland of an offence under that subsection.
This section applies if—
arrangements are made for the protection of a person under section 82(1), and
the protected person assumes a new identity in pursuance of the arrangements.
No proceedings (whether civil or criminal) may be brought against a person to whom this section applies in respect of the making by him of a false or misleading representation if the representation—
relates to the protected person, and
is made solely for the purpose of ensuring that the arrangements made for him to assume a new identity are, or continue to be, effective.
The persons to whom this section applies are—
the protected person;
a person who is associated with the protected person;
a protection provider;
a person involved in the making of arrangements under section 82(1) or in the implementation, variation or cancellation of such arrangements.
This section applies to arrangements which were, at any time before the commencement of section 82, made by a protection provider, or any person acting with his authority, for the purpose of protecting a person of a description specified in Schedule 5.
If the following three conditions are satisfied, the arrangements are to be treated as having been made by the protection provider under section 82(1).
The first condition is that the protection provider could have made the arrangements under section 82(1) had it been in force at the time when the arrangements were made.
The second condition is that the arrangements were in operation immediately before the commencement of section 82.
The third condition is that the protection provider determines that it is appropriate to treat the arrangements as having been made under section 82(1).
A determination under subsection (5) may be made at any time before the end of the period of six months beginning with the day on which section 82 comes into force.
A protection provider must make a record of a determination under subsection (5).
Subsection (9) applies if—
at any time before the commencement of section 82, arrangements were made by a person specified in subsection (11), or any person acting with the authority of such a person, for the purpose of protecting a person of a description specified in Schedule 5, and
functions in relation to the arrangements are, at any time before the end of the period of six months mentioned in subsection (6), exercisable by a protection provider.
The provision made by subsections (1) to (7) applies in relation to the arrangements as if they had been made by the protection provider.
Accordingly, if the three conditions mentioned in subsections (3) to (5) are satisfied in relation to the arrangements, they are to be treated, by virtue of subsection (2), as having been made by the protection provider under section 82(1).
The persons specified in this subsection are—
the Director General of the National Criminal Intelligence Service;
the Director General of the National Crime Squad;
any of the Commissioners of Her Majesty's Customs and Excise.
In this section—
“the arrangements” are arrangements which are treated as having been made by a protection provider by virtue of section 91(2), and
“the relevant date” is the date of the record made by the protection provider, in relation to the arrangements, in pursuance of section 91(7).
A person does not commit an offence under section 86(1) by disclosing information relating to the arrangements unless the information is disclosed on or after the relevant date.
But it is immaterial whether the information relates to something done in connection with the arrangements before or on or after the relevant date.
A person does not commit an offence under section 88(1) or (2) by disclosing information relating to a person who assumed a new identity in pursuance of the arrangements unless the information is disclosed on or after the relevant date.
But it is immaterial whether the person assumed a new identity before or on or after the relevant date.
Section 90 applies in relation to a false or misleading representation relating to a person who assumed a new identity in pursuance of the arrangements only if the false or misleading representation is made on or after the relevant date.
But it is immaterial whether the person assumed a new identity before or on or after the relevant date.
This section applies if—
a protection provider makes arrangements under section 82(1), or
a protection provider determines under section 91(5) that it is appropriate to treat arrangements to which that section applies as having been made under section 82(1).
The protection provider must inform the person to whom the arrangements relate of the provisions of this Chapter as they apply in relation to the arrangements.
If the protection provider considers that the person would be unable to understand the information, by reason of his age or of any incapacity, the information must instead be given to a person who appears to the protection provider—
to be interested in the welfare of the person to whom the arrangements relate, and
to be the appropriate person to whom to give the information.
If arrangements are made jointly under section 82(1) (by virtue of section 83), the protection providers involved in the arrangements must nominate one of those protection providers to perform the duties imposed by this section.
This section applies for the purposes of this Chapter.
“Protection provider” is to be construed in accordance with section 82.
A person is a protected person if—
arrangements have been made for his protection under subsection (1) of section 82, and
the arrangements have not been cancelled under subsection (2) of that section.
A person is associated with another person if any of the following apply—
they are members of the same family;
they live in the same household;
they have lived in the same household.
A person assumes a new identity if either or both of the following apply—
he becomes known by a different name;
he makes representations about his personal history or circumstances which are false or misleading.
A reference to a person who is a witness in legal proceedings includes a reference to a person who provides any information or any document or other thing which might be used in evidence in those proceedings or which (whether or not admissible as evidence in those proceedings)— and a reference to a person who might be, or to a person who has been, a witness in legal proceedings is to be construed accordingly.
might tend to confirm evidence which will or might be admitted in those proceedings,
might be referred to in evidence given in those proceedings by another witness, or
might be used as the basis for any cross examination in the course of those proceedings,
A reference to a person who is a witness in legal proceedings does not include a reference to a person who is an accused person in criminal proceedings unless he is a witness for the prosecution and a reference to a person who might be, or to a person who has been, a witness in legal proceedings is to be construed accordingly.
A reference to a person who is or has been a member of staff of an organisation includes a reference to a person who is or has been seconded to the organisation to serve as a member of its staff.
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In section 9 of the Criminal Justice (International Co-operation) Act 1990 (c. 5) (enforcement of overseas forfeiture orders), for subsection (6) (offences to which section applies) substitute—
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The Secretary of State or the Scottish Ministers may by order make provision—
for the purpose of implementing any obligation of the United Kingdom created or arising by or under the Decision or enabling any such obligation to be implemented,
for the purpose of enabling any rights enjoyed or to be enjoyed by the United Kingdom under or by virtue of the Decision to be exercised, or
for the purpose of dealing with matters arising out of or related to any such obligation or rights.
In subsection (1) “the Decision” means Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence.
The provision that may be made under subsection (1) by the Secretary of State includes, subject to subsections (5) and (7), any provision (of any extent) that might be made by Act of Parliament.
The provision that may be made under subsection (1) by the Scottish Ministers includes, subject to subsections (6) and (7), any provision that might be made by Act of the Scottish Parliament.
The power conferred by subsection (1) on the Secretary of State does not include power to make provision that would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.
The power conferred by subsection (1) on the Scottish Ministers is limited to the making of provision that would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament.
The powers conferred by subsection (1) do not include power—
to make any provision imposing or increasing taxation,
to make any provision taking effect from a date earlier than that of the making of the instrument containing the provision,
to confer any power to legislate by means of orders, rules, regulations or other subordinate instrument, other than rules of procedure for a court or tribunal, or
to create criminal offences.
Subsection (7)(c) does not preclude— and a power to give directions as to matters of administration is not to be regarded as a power to legislate within the meaning of subsection (7)(c).
the modification of a power to legislate conferred otherwise than under subsection (1), or
the extension of any such power to purposes of the like nature as those for which it was conferred,
The Secretary of State may by order make such provision as he considers appropriate for or in connection with enabling confiscation orders under— to be made by magistrates' courts in England and Wales ....
Part 2 of the Proceeds of Crime Act 2002 (c. 29) (confiscation: England and Wales), ...
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But an order under subsection ... (1A) may not enable such a confiscation order to be made by any magistrates' court in respect of an amount exceeding £10,000.
But an order under subsection (1) may not enable such a confiscation order to be made by any magistrates' court in respect of an amount exceeding £10,000.
An order under subsection (1) or (1A) may amend, repeal, revoke or otherwise modify any provision of Part 2 or 4 of the 2002 Act (as the case may be) or any other enactment relating to, or to things done under or for the purposes of, that Part (or any provision of that Part).
The Secretary of State may by order amend subsection (1ZA) so as to substitute a different amount.
The Department of Justice in Northern Ireland may by order make such provision as the Department considers appropriate for or in connection with enabling confiscation orders under Part 4 of the 2002 Act (confiscation: Northern Ireland) to be made by magistrates’ courts in Northern Ireland.
The Department of Justice may by order amend subsection (2) so as to substitute a different amount.
In the Proceeds of Crime Act 2002 (c. 29), after section 245 insert—
In the Proceeds of Crime Act 2002 (c. 29), after section 255 insert—
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
In section 280 (civil recovery orders: applying realised proceeds), after subsection (2) insert—
In section 284 (payment of interim administrator or trustee (Scotland))—
the existing words become subsection (1), and
after that subsection insert—
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In the Proceeds of Crime Act 2002 (c. 29), Chapter 3 of Part 5 (civil recovery of cash in summary proceedings) is amended as follows.
In section 295 (detention of seized cash, initially for 48 hours), after subsection (1) insert—
In sections 290(6), 296(1) and 302(2), after “48 hours” insert “ (calculated in accordance with section 295(1B)) ”.
For section 299 of the Proceeds of Crime Act 2002 (appeal against forfeiture of cash) substitute—
This section does not apply to a decision of a court not to order the forfeiture of cash under section 298 of that Act taken before this section comes into force.
In the Proceeds of Crime Act 2002 (c. 29), Part 7 (money laundering) is amended as follows.
In section 327 (concealing etc.), after subsection (2) insert—
In section 328 (arrangements), after subsection (2) insert—
In section 329 (acquisition, use and possession), after subsection (2) insert—
In section 330 (failure to disclose: regulated sector), after subsection (7) insert—
In section 331 (failure to disclose: nominated officers in the regulated sector), after subsection (6) insert—
In section 332 (failure to disclose: other nominated officers), after subsection (6) insert—
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
In section 327 (concealing etc.), after subsection (2B) (which is inserted by section 102 of this Act) insert—
In section 328 (arrangements), after subsection (4) (which is inserted by section 102 of this Act) insert—
In section 329 (acquisition, use and possession), after subsection (2B) (which is inserted by section 102 of this Act) insert—
In Part 7 (money laundering), after section 339 insert—
In section 340 (interpretation of Part 7), after subsection (13) insert—
In section 459(4)(a) and (6)(a) (provision for certain orders to be subject to affirmative procedure), after “309,” insert “ 339A(7), ”.
In the Proceeds of Crime Act 2002 (c. 29), Part 7 (money laundering) is amended as follows.
In section 330(1) (regulated sector: failure to disclose: offence committed if three conditions satisfied), for “each of the following three conditions is satisfied” substitute “ the conditions in subsections (2) to (4) are satisfied ”.
For section 330(4) to (6) (the required disclosure) substitute—
For section 331(4) to (6) (failure to disclose: nominated officers in the regulated sector: the required disclosure) substitute—
In section 332(3) (failure to disclose: other nominated officers: the second condition), for “section 337 or 338” substitute “ the applicable section ”.
For section 332(4) to (6) (the required disclosure) substitute—
In section 337 (protected disclosures), after subsection (4) insert—
In the Proceeds of Crime Act 2002 (c. 29), Part 7 (money laundering) is amended as follows.
In each of sections 330(9)(b), 337(5)(b) and 338(5)(b) (disclosure to nominated officer is ineffective if employer's procedures not followed), omit “and in accordance with the procedure established by the employer for the purpose”.
In section 334 (penalties), after subsection (2) insert—
In section 338(1) (authorised disclosures), omit paragraph (b) (disclosure must be made in prescribed form and manner) but not the “and” at the end.
In section 339 (form and manner of disclosures), for subsections (2) and (3) substitute—
In the Proceeds of Crime Act 2002, Part 7 (money laundering) is amended as follows.
In section 330 (regulated sector: failure to disclose), after subsection (9) insert—
In section 337(5)(a) (disclosure to person nominated to receive disclosures under section 337), after “disclosures under” insert “ section 330 or ”.
In section 338(1)(c) (first or second condition must be satisfied for disclosure to be authorised), for “or second” substitute “ , second or third ”.
In section 338 (authorised disclosures), after subsection (2) insert—
In section 338(3) (the second condition), for “second” substitute “ third ”.
The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
In section 364 (meaning of customer information) in subsection (5)—
after paragraph (a) insert—;
in paragraph (b) after “paragraph (a)” insert “ or (aa) ”.
In section 398 (meaning of customer information: Scotland) in subsection (5)—
after paragraph (a) insert—;
in paragraph (b) after “paragraph (a)” insert “ or (aa) ”.
In section 415 (money laundering offences) after subsection (1) insert—
Part 11 of the Proceeds of Crime Act 2002 (c. 29) (co-operation) is amended as follows.
In section 444 (external requests and orders), for subsection (3)(a) (Order under the section may include provision about the functions of the Secretary of State, the Lord Advocate, the Scottish Ministers and the Director of the Assets Recovery Agency) substitute—.
In that section, after subsection (3) insert—
In section 447(3) (meaning of “external investigation”), after paragraph (a) insert—.
Schedule 6, which contains minor and consequential amendments relating to provisions of this Chapter, has effect.
For section 24 of PACE (arrest without warrant for arrestable offences) substitute—
Section 25 of PACE (general arrest conditions) shall cease to have effect.
In section 66 of PACE (codes of practice), in subsection (1)(a)—
omit “or” at the end of sub-paragraph (i),
at the end of sub-paragraph (ii) insertor
The sections 24 and 24A of PACE substituted by subsection (1) are to have effect in relation to any offence whenever committed.
Schedule 7, which supplements section 110 by providing for the repeal of certain enactments (including some which are spent) and by making further supplementary provision, has effect.
A constable may direct a person to leave a place if he believes, on reasonable grounds, that the person is in the place at a time when he would be prohibited from entering it by virtue of—
an order to which subsection (2) applies, or
a condition to which subsection (3) applies.
This subsection applies to an order which—
was made, by virtue of any enactment, following the person's conviction of an offence, and
prohibits the person from entering the place or from doing so during a period specified in the order.
This subsection applies to a condition which—
was imposed, by virtue of any enactment, as a condition of the person's release from a prison in which he was serving a sentence of imprisonment following his conviction of an offence, and
prohibits the person from entering the place or from doing so during a period specified in the condition.
A direction under this section may be given orally.
Any person who knowingly contravenes a direction given to him under this section is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 4 on the standard scale, or to both.
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In subsection (3)(a)—
“sentence of imprisonment” and “prison” are to be construed in accordance with section 62(5) of the Criminal Justice and Court Services Act 2000 (c. 43);
the reference to a release from prison includes a reference to a temporary release.
In this section, “place” includes an area.
This section applies whether or not the order or condition mentioned in subsection (1) was made or imposed before or after the commencement of this section.
PACE is amended as follows.
Section 8 (power to authorise entry and search of premises) is amended as provided in subsections (3) and (4).
In subsection (1)—
in paragraph (b), for “specified in the application” substitute “ mentioned in subsection (1A) below ”,
in paragraph (e), at the end add “ in relation to each set of premises specified in the application ”.
After subsection (1) insert—
Section 15 (search warrants—safeguards) is amended as provided in subsections (6) to (8).
For subsection (2)(b) substitute—.
After subsection (2) insert—
For subsection (6)(a)(iv) substitute—.
In section 16 (execution of warrants)—
after subsection (3) insert—,
in subsection (9), after paragraph (b) add— “ and, unless the warrant is a specific premises warrant specifying one set of premises only, he shall do so separately in respect of each set of premises entered and searched, which he shall in each case state in the endorsement. ”,
in subsection (12), for “the premises” substitute “ premises ”.
Schedule 1 (special procedure) is amended as follows.
In each of paragraphs 2(a)(ii) and 3(a), at the end add “ , or on premises occupied or controlled by a person specified in the application (including all such premises on which there are reasonable grounds for believing that there is such material as it is reasonably practicable so to specify); ”.
In paragraph 3(b), for “the premises” substitute “ such premises ”.
In paragraph 12—
in sub-paragraph (a)(ii), after “fulfilled” insert “ in relation to each set of premises specified in the application ”,
at the end add “ or (as the case may be) all premises occupied or controlled by the person referred to in paragraph 2(a)(ii) or 3(a), including such sets of premises as are specified in the application (an “all premises warrant”) ”.
After paragraph 12 insert—
In paragraph 14(a), omit “to which the application relates”.
PACE is amended as follows.
In section 8 (power to authorise entry and search of premises), after the subsection (1B) inserted by section 113(4) of this Act insert—
Section 15 (search warrants—safeguards) is amended as provided in subsections (4) to (7).
In subsection (2)(a)—
omit “and” at the end of sub-paragraph (i),
at the end of sub-paragraph (ii) insert “ and ”,
after that sub-paragraph insert—.
In subsection (5), at the end add “ unless it specifies that it authorises multiple entries ”.
After subsection (5) insert—
For subsection (7) substitute—
In section 16 (execution of warrants)—
in subsection (3), for “one month” substitute “ three months ”,
after the subsection (3A) inserted by section 113(9)(a) of this Act, insert—,
for subsection (10) substitute—
In Schedule 1 (special procedure), in paragraph 17, for “a Circuit judge” substitute “ a judge of the High Court, a Circuit judge, a Recorder ”.
Section 1 of PACE (powers of constables to stop and search) is amended as follows.
In subsection (2), for “or any article to which subsection (8A) below applies” substitute “ , any article to which subsection (8A) below applies or any firework to which subsection (8B) below applies ”.
In subsection (3), for “or any article to which subsection (8A) below applies” substitute “ , any article to which subsection (8A) below applies or any firework to which subsection (8B) below applies ”.
In subsection (6), for “or an article to which subsection (8A) below applies” substitute “ , an article to which subsection (8A) below applies or a firework to which subsection (8B) below applies ”.
After subsection (8A) insert—
Section 64A of PACE (photographing of suspects etc.) is amended as follows.
After subsection (1) insert—
In subsection (4)(a), after “prosecution” insert “ or to the enforcement of a sentence ”.
In subsection (5), after paragraph (b) insert; and
After subsection (6) insert—
Section 61 of PACE (fingerprinting) is amended as provided in subsections (2) to (4).
After subsection (6) insert—
In subsection (7), for “or (6)” substitute “ , (6) or (6A) ”.
In subsection (7A)—
after “police station,” insert “ or by virtue of subsection (6A) at a place other than a police station, ”,
in paragraph (a), after “an officer” insert “ (or, in a subsection (6A) case, the constable) ”.
In section 63A of PACE (fingerprints and samples: supplementary provisions)—
after subsection (1) insert—,
in subsection (1A), after “subsection (1)” insert “ and (1ZA) ”.
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in paragraph (a), after “that” insert “fingerprint or”,
This subsection does not apply to fingerprints taken from a person by virtue of section 61(6A) above.
PACE is amended as provided in subsections (2) to (4).
After section 61 insert—
Section 63A (fingerprints and samples: supplementary provisions) is amended as follows—
in subsection (1), after “fingerprints”, in both places, insert “ , impressions of footwear ”,
in subsection (1C)—
in paragraph (a), after “fingerprints” insert “ , impressions of footwear ”,
in paragraph (b), after “fingerprints” insert “ , of the impressions of footwear ”,
after the third “fingerprints” insert “ or impressions of footwear ”,
after the fourth “fingerprints” insert “ , impressions of footwear ”.
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in subsection (1A), after “fingerprints” in both places where it occurs insert “, impressions of footwear”,
in subsection (1B)(a), after “fingerprint” insert “or an impression of footwear”,
in subsection (3), after “fingerprints” insert “, impressions of footwear”,
in subsection (3AA)—
for “and fingerprints” substitute “, fingerprints and impressions of footwear”,
in paragraph (b), for “or, as the case may be, fingerprint” substitute “, fingerprint, (or as the case may be) an impression of footwear”,
in subsection (3AB)—
after each of the first and third places “fingerprint” occurs insert “, impression of footwear”,
after the second place “fingerprint” occurs, insert “, nor the impression of footwear,”,
in subsection (3AC), after “fingerprint” in each place where it occurs (including the “fingerprint” in paragraph (a) inserted by section 117(10)(a) of this Act), insert “, impression of footwear”,
in subsection (3AD), after “fingerprint” insert “, impression of footwear”,
in subsection (5), after “fingerprints” in each place where it occurs insert “or impressions of footwear”,
in subsection (6), after “fingerprints” insert “or impressions of footwear”,
in subsection (6A), after “fingerprints” insert “or impressions of footwear”.
Section 65 of PACE (which defines certain terms for the purposes of Part 5 of that Act) is amended as follows.
In the definition of “intimate sample”, for paragraph (c) substitute—.
In the definition of “non-intimate sample”, for paragraph (c) substitute—.
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Section 38 of the Police Reform Act 2002 (c. 30) (police powers for police authority employees) is amended as provided in subsections (2) to (4).
In subsection (2), after paragraph (d) add—
In subsection (6), after paragraph (d) add—
After subsection (9) add—
After Part 4 of Schedule 4 to the Police Reform Act 2002 (powers exercisable by police civilians) insert—
Section 36 of PACE (custody officers at police stations) is amended as provided in subsections (2) to (6).
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in paragraph (a)—
after “by an officer” insert “or a staff custody officer”,
for “such an officer” substitute “such a person”,
in paragraph (b), for “such officer” substitute “such person”.
In subsection (8)—
after “in” insert “ section 34 above or in ”,
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in subsection (6)(a), after “custody officer” insert “(or, if the custody officer is a staff custody officer, any police officer or any police employee)”,
after subsection (6) add—
The Police Reform Act 2002 (c. 30) is amended as follows.
In section 42 (supplementary provisions relating to designations)—
in subsection (2), after “section 41 shall” insert “ , subject to subsection (2A), ”,
after subsection (2) insert—
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The reference to the powers mentioned in sub-paragraph (2)(a) does not include those powers so far as they relate to an offence under the provisions in the following list— section 1 of the Theft Act 1968, section 87 of the Environmental Protection Act 1990.
The Secretary of State may by order amend paragraph 1(2A) so as to remove a provision from the list or add a provision to the list; but the list must contain only provisions mentioned in the first column of the Table in section 1(1) of the Criminal Justice and Police Act 2001.
Schedule 5 (powers exercisable by accredited persons) is amended as provided in subsections (5) and (6).
In paragraph 1 (power to issue fixed penalty notices)—
in sub-paragraph (2)(aa), omit “except in respect of an offence under section 12 of the Licensing Act 1872 or section 91 of the Criminal Justice Act 1967”,
section 12 of the Licensing Act 1872, section 91 of the Criminal Justice Act 1967, section 1 of the Theft Act 1968, section 1(1) of the Criminal Damage Act 1971, section 87 of the Environmental Protection Act 1990.
In paragraph 9A (power to modify paragraph 1(2)(aa)), for sub-paragraph (1) substitute—, and in the heading to paragraph 9A, for “1(2)(aa)” substitute “ 1(2A) ”.
Schedules 8 and 9 to this Act, which provide for additional powers and duties for designated and accredited persons under the Police Reform Act 2002 (c. 30), have effect.
“constables” includes—
In section 18 of the Vehicles (Crime) Act 2001 (c. 3) (register of registration plate suppliers), after subsection (8) insert—.
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In this Part, “PACE” means the Police and Criminal Evidence Act 1984 (c. 60).
The Protection from Harassment Act 1997 (c. 40) is amended as follows.
In section 1 (prohibition of harassment)—
after subsection (1) insert—;
in subsection (2), after “amounts to” insert “ or involves ” and after “amounted to” insert “ or involved ”;
in subsection (3), after “Subsection (1)” insert “ or (1A) ”.
In section 2(1) (offence of harassment) for “section 1” substitute “ section 1(1) or (1A) ”.
In section 3(1) (civil remedy) for “section 1” substitute “ section 1(1) ”.
After section 3 insert—
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In section 7 (interpretation of sections 1 to 5)—
for subsection (3) substitute—; and
after subsection (4) add—
After section 42 of the Criminal Justice and Police Act 2001 (c. 16) insert—
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Section 42 of the Criminal Justice and Police Act 2001 (c. 16) (police directions stopping harassment of a person in his home) is amended as follows.
For subsection (4) substitute—
In subsection (7), for “contravenes a direction given to him under this section” substitute “ fails to comply with a requirement in a direction given to him under this section (other than a requirement under subsection (4)(b)) ”.
After subsection (7) insert—
A person commits an offence if he enters, or is on, any protected site in England and Wales or Northern Ireland as a trespasser.
A “designated site” means a site—
specified or described (in any way) in an order made by the Secretary of State, and
designated for the purposes of this section by the order.
In this section “protected site” means—
a nuclear site; or
a designated site.
The Secretary of State may only designate a site for the purposes of this section if—
it is comprised in Crown land; or
it is comprised in land belonging to Her Majesty in Her private capacity or to the immediate heir to the Throne in his private capacity; or
it appears to the Secretary of State that it is appropriate to designate the site in the interests of national security.
In this section “nuclear site” means—
so much of any premises in respect of which a nuclear site licence (within the meaning of the Nuclear Installations Act 1965) is for the time being in force as lies within the outer perimeter of the protection provided for those premises; and
so much of any other premises of which premises falling within paragraph (a) form a part as lies within that outer perimeter.
It is a defence for a person charged with an offence under this section to prove that he did not know, and had no reasonable cause to suspect, that the site in relation to which the offence is alleged to have been committed was a protected site.
For this purpose—
the outer perimeter of the protection provided for any premises is the line of the outermost fences, walls or other obstacles provided or relied on for protecting those premises from intruders; and
that line shall be determined on the assumption that every gate, door or other barrier across a way through a fence, wall or other obstacle is closed.
A person guilty of an offence under this section is liable on summary conviction— or to both.
to imprisonment for a term not exceeding 51 weeks, or
to a fine not exceeding level 5 on the standard scale,
No proceedings for an offence under this section may be instituted against any person—
in England and Wales, except by or with the consent of the Attorney General, or
in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland.
For the purposes of this section a person who is on any protected site as a trespasser does not cease to be a trespasser by virtue of being allowed time to leave the site.
In this section—
“site” means the whole or part of any building or buildings, or any land, or both;
“Crown land” means land in which there is a Crown interest or a Duchy interest.
For this purpose—
In the application of this section to Northern Ireland, the reference to 51 weeks in subsection (5)(a) is to be read as a reference to 6 months.
A person commits an offence if he enters, or is on, any protected Scottish site without lawful authority.
A “designated Scottish site” means a site in Scotland—
specified or described (in any way) in an order made by the Secretary of State, and
designated for the purposes of this section by the order.
In this section ‘protected Scottish site’ means—
a nuclear site in Scotland; or
a designated Scottish site.
The Secretary of State may only designate a site for the purposes of this section if it appears to him that it is appropriate to designate the site in the interests of national security.
In this section ‘nuclear site’ means—
so much of any premises in respect of which a nuclear site licence (within the meaning of the Nuclear Installations Act 1965) is for the time being in force as lies within the outer perimeter of the protection provided for those premises; and
so much of any other premises of which premises falling within paragraph (a) form a part as lies within that outer perimeter.
It is a defence for a person charged with an offence under this section to prove that he did not know, and had no reasonable cause to suspect, that the site in relation to which the offence is alleged to have been committed was a protected Scottish site.
For this purpose—
the outer perimeter of the protection provided for any premises is the line of the outermost fences, walls or other obstacles provided or relied on for protecting those premises from intruders; and
that line shall be determined on the assumption that every gate, door or other barrier across a way through a fence, wall or other obstacle is closed.
A person guilty of an offence under this section is liable on summary conviction— or to both.
to imprisonment for a term not exceeding 12 months, or
to a fine not exceeding level 5 on the standard scale,
For the purposes of subsection (1), a person who is on any protected Scottish site without lawful authority does not acquire lawful authority by virtue of being allowed time to leave the site.
In this section “site” means the whole or part of any building or buildings, or any land, or both.
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An offence under section 128 is to be treated as an arrestable offence for the purposes of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).
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The following provisions do not apply to land in respect of which a designation order is in force—
section 2(1) of the Countryside and Rights of Way Act 2000 (c. 37) (rights of public in relation to access land),
Part III of the Countryside (Northern Ireland) Order 1983 (S.I. 1983/1895 (N.I. 18)) (access to open country), and
section 1 of the Land Reform (Scotland) Act 2003 (asp 2) (access rights).
The Secretary of State may take such steps as he considers appropriate to inform the public of the effect of any designation order, including, in particular, displaying notices on or near the site to which the order relates.
But the Secretary of State may only— in or on any building or land, if the appropriate person consents.
display any such notice, or
take any other steps under subsection (2),
The “appropriate person” is—
a person appearing to the Secretary of State to have a sufficient interest in the building or land to consent to the notice being displayed or the steps being taken, or
a person acting on behalf of such a person.
In this section a “designation order” means—
in relation to England and Wales or Northern Ireland, an order under section 128, or
in relation to Scotland, an order under section 129.
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Any person who— is guilty of an offence if, when the demonstration starts, authorisation for the demonstration has not been given under section 134(2).
organises a demonstration in a public place in the designated area, or
takes part in a demonstration in a public place in the designated area, or
carries on a demonstration by himself in a public place in the designated area,
It is a defence for a person accused of an offence under subsection (1) to show that he reasonably believed that authorisation had been given.
Subsection (1) does not apply if the demonstration is—
a public procession of which notice is required to be given under subsection (1) of section 11 of the Public Order Act 1986 (c. 64), or of which (by virtue of subsection (2) of that section) notice is not required to be given, or
a public procession for the purposes of section 12 or 13 of that Act.
Subsection (1) also does not apply in relation to any conduct which is lawful under section 220 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52).
If subsection (1) does not apply by virtue of subsection (3) or (4), nothing in sections 133 to 136 applies either.
Section 14 of the Public Order Act 1986 (imposition of conditions on public assemblies) does not apply in relation to a public assembly which is also a demonstration in a public place in the designated area.
In this section and in sections 133 to 136—
“the designated area” means the area specified in an order under section 138,
“public place” means any highway or any place to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission,
references to any person organising a demonstration include a person participating in its organisation,
references to any person organising a demonstration do not include a person carrying on a demonstration by himself,
references to any person or persons taking part in a demonstration (except in subsection (1) of this section) include a person carrying on a demonstration by himself.
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A person seeking authorisation for a demonstration in the designated area must give written notice to that effect to the Commissioner of Police of the Metropolis (referred to in this section and section 134 as “the Commissioner”).
The notice must be given—
if reasonably practicable, not less than 6 clear days before the day on which the demonstration is to start, or
if that is not reasonably practicable, then as soon as it is, and in any event not less than 24 hours before the time the demonstration is to start.
The notice must be given—
if the demonstration is to be carried on by more than one person, by any of the persons organising it,
if it is to be carried on by a person by himself, by that person.
The notice must state—
the date and time when the demonstration is to start,
the place where it is to be carried on,
how long it is to last,
whether it is to be carried on by a person by himself or not,
the name and address of the person giving the notice.
A notice under this section must be given by—
delivering it to a police station in the metropolitan police district, or
sending it by post by recorded delivery to such a police station.
Section 7 of the Interpretation Act 1978 (c. 30) (under which service of a document is deemed to have been effected at the time it would be delivered in the ordinary course of post) does not apply to a notice under this section.
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This section applies if a notice complying with the requirements of section 133 is received at a police station in the metropolitan police district by the time specified in section 133(2).
The Commissioner must give authorisation for the demonstration to which the notice relates.
In giving authorisation, the Commissioner may impose on the persons organising or taking part in the demonstration such conditions specified in the authorisation and relating to the demonstration as in the Commissioner’s reasonable opinion are necessary for the purpose of preventing any of the following—
hindrance to any person wishing to enter or leave the Palace of Westminster,
hindrance to the proper operation of Parliament,
serious public disorder,
serious damage to property,
disruption to the life of the community,
a security risk in any part of the designated area,
risk to the safety of members of the public (including any taking part in the demonstration).
The conditions may, in particular, impose requirements as to—
the place where the demonstration may, or may not, be carried on,
the times at which it may be carried on,
the period during which it may be carried on,
the number of persons who may take part in it,
the number and size of banners or placards used,
maximum permissible noise levels.
The authorisation must specify the particulars of the demonstration given in the notice under section 133 pursuant to subsection (4) of that section, with any modifications made necessary by any condition imposed under subsection (3) of this section.
The Commissioner must give notice in writing of— to the person who gave the notice under section 133.
the authorisation,
any conditions imposed under subsection (3), and
the particulars mentioned in subsection (5),
Each person who takes part in or organises a demonstration in the designated area is guilty of an offence if —
he knowingly fails to comply with a condition imposed under subsection (3) which is applicable to him (except where it is varied under section 135), or
he knows or should have known that the demonstration is carried on otherwise than in accordance with the particulars set out in the authorisation by virtue of subsection (5).
It is a defence for a person accused of an offence under subsection (7) to show— arose from circumstances beyond his control, or from something done with the agreement, or by the direction, of a police officer.
(in a paragraph (a) case) that the failure to comply, or
(in a paragraph (b) case) that the divergence from the particulars,
The notice required by subsection (6) may be sent by post to the person who gave the notice under section 133 at the address stated in that notice pursuant to subsection (4)(e) of that section.
If the person to whom the notice required by subsection (6) is to be given has agreed, it may be sent to him by email or by facsimile transmission at the address or number notified by him for the purpose to the Commissioner (and a notice so sent is “in writing” for the purposes of that subsection).
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This section applies if the senior police officer reasonably believes that it is necessary, in order to prevent any of the things mentioned in paragraphs (a) to (g) of subsection (3) of section 134—
to impose additional conditions on those taking part in or organising a demonstration authorised under that section, or
to vary any condition imposed under that subsection or under paragraph (a) (including such a condition as varied under subsection (2)).
The senior police office may give directions to those taking part in or organising the demonstration imposing such additional conditions or varying any such condition already imposed.
A person taking part in or organising the demonstration who knowingly fails to comply with a condition which is applicable to him and which is imposed or varied by a direction under this section is guilty of an offence.
It is a defence for him to show that the failure to comply arose from circumstances beyond his control.
In this section, “the senior police officer” means the most senior in rank of the police officers present at the scene (or any one of them if there are more than one of the same rank).
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A person guilty of an offence under section 132(1)(a) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 4 on the standard scale, or to both.
A person guilty of an offence under section 132(1)(b) or (c) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
A person guilty of an offence under section 134(7) or 135(3) is liable on summary conviction—
if the offence was in relation to his capacity as organiser of the demonstration, to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 4 on the standard scale, or to both,
otherwise, to a fine not exceeding level 3 on the standard scale.
A person who is guilty of the offence of inciting another to— is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 4 on the standard scale, or to both, notwithstanding section 45(3) of the Magistrates' Courts Act 1980 (c. 43).
do anything which would constitute an offence mentioned in subsection (1), (2) or (3), or
fail to do anything where the failure would constitute such an offence,
A constable in uniform may arrest without warrant anyone he reasonably believes is committing an offence mentioned in subsections (1) to (4). This subsection ceases to have effect on the coming into force of section 110.
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Subject to subsection (2), a loudspeaker shall not be operated, at any time or for any purpose, in a street in the designated area.
Subsection (1) does not apply to the operation of a loudspeaker—
in case of emergency,
for police, fire and rescue authority or ambulance purposes,
by the Environment Agency, a water undertaker or a sewerage undertaker in the exercise of any of its functions,
by a local authority within its area,
for communicating with persons on a vessel for the purpose of directing the movement of that or any other vessel,
if the loudspeaker forms part of a public telephone system,
if the loudspeaker is in or fixed to a vehicle and subsection (3) applies,
otherwise than on a highway, by persons employed in connection with a transport undertaking used by the public, but only if the loudspeaker is operated solely for making announcements to passengers or prospective passengers or to other persons so employed,
in accordance with a consent granted by a local authority under Schedule 2 to the Noise and Statutory Nuisance Act 1993 (c. 40).
This subsection applies if the loudspeaker referred to in subsection (2)(g)—
is operated solely for the entertainment of or for communicating with the driver or a passenger of the vehicle (or, if the loudspeaker is or forms part of the horn or similar warning instrument of the vehicle, solely for giving warning to other traffic), and
is so operated as not to give reasonable cause for annoyance to persons in the vicinity.
A person who operates or permits the operation of a loudspeaker in contravention of subsection (1) is guilty of an offence and is liable on summary conviction to—
a fine not exceeding level 5 on the standard scale, together with
a further fine not exceeding £50 for each day on which the offence continues after the conviction.
In this section—
In Schedule 2 to the Noise and Statutory Nuisance Act 1993 (consent to the operation of loudspeakers in streets or roads), in paragraph 1(1), at the end add “or of section 137(1) of the Serious Organised Crime and Police Act 2005”.
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The Secretary of State may by order specify an area as the designated area for the purposes of sections 132 to 137.
The area may be specified by description, by reference to a map or in any other way.
No point in the area so specified may be more than one kilometre in a straight line from the point nearest to it in Parliament Square.
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after subsection (4) insert—,
in subsection (9), after “(10)” insert “, (10C)”.
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In section 14A of the Football Spectators Act 1989 (c. 37) (banning orders on conviction of an offence), after subsection (4) insert—
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In section 3 of the Prosecution of Offences Act 1985 (c. 23) (functions of the Director of Public Prosecutions), in subsection (2), after paragraph (fa) insert—
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The Crime and Disorder Act 1998 (c. 37) is amended as follows.
In section 1 (anti-social behaviour orders)—
after subsection (10C) (inserted by section 139(2) of this Act), insert—,
“child” and “young person” shall have the same meaning as in the Children and Young Persons Act 1933;
In section 1C (orders about anti-social behaviour on conviction in criminal proceedings), in subsection (9), after “(10C)” (inserted by section 139(4)(b) of this Act) insert “, (10D), (10E)”.
Subject to paragraph 2(2) of Schedule 2 to the Youth Justice and Criminal Evidence Act 1999 (c. 23), until section 45 of that Act comes into force, the references to it in section 1(10D)(b) and (10E) of the Crime and Disorder Act 1998 (c. 37) (inserted by subsection (2) of this section) shall be read as references to section 39 of the Children and Young Persons Act 1933 (c. 12).
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In the Crime and Disorder Act 1998 after section 1E (consultation requirements relating to individual support orders) insert—
In subsection (1) of section 1A of that Act (definition of relevant authority) (as re-numbered by section 139(3) of this Act) for “and 1E” substitute “, 1E and 1F”.
In section 114(3) of that Act (orders and regulations) after “section” insert “1F,”.
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Schedule 10 is to have effect.
A person (A) commits an offence if, with the intention of harming an animal research organisation, he— in circumstances in which that act or threat is intended or likely to cause a second person (B) to take any of the steps in subsection (2).
does a relevant act, or
threatens that he or somebody else will do a relevant act,
The steps are—
not to perform any contractual obligation owed by B to a third person (C) (whether or not such non-performance amounts to a breach of contract);
to terminate any contract B has with C;
not to enter into a contract with C.
For the purposes of this section, a “relevant act” is— but paragraph (b) does not include an act which is actionable on the ground only that it induces another person to break a contract with B.
an act amounting to a criminal offence, or
a tortious act causing B to suffer loss or damage of any description;
For the purposes of this section, “contract” includes any other arrangement (and “contractual” is to be read accordingly).
For the purposes of this section, to “harm” an animal research organisation means—
to cause the organisation to suffer loss or damage of any description, or
to prevent or hinder the carrying out by the organisation of any of its activities.
This section does not apply to any act done wholly or mainly in contemplation or furtherance of a trade dispute.
In subsection (6) “trade dispute” has the same meaning as in Part 4 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), except that section 218 of that Act shall be read as if—
it made provision corresponding to section 244(4) of that Act, and
in subsection (5), the definition of “worker” included any person falling within paragraph (b) of the definition of “worker” in section 244(5).
A person (A) commits an offence if, with the intention of causing a second person (B) to abstain from doing something which B is entitled to do (or to do something which B is entitled to abstain from doing)—
A threatens B that A or somebody else will do a relevant act, and
A does so wholly or mainly because B is a person falling within subsection (2).
A person falls within this subsection if he is—
an employee or officer of an animal research organisation;
a student at an educational establishment that is an animal research organisation;
a lessor or licensor of any premises occupied by an animal research organisation;
a person with a financial interest in, or who provides financial assistance to, an animal research organisation;
a customer or supplier of an animal research organisation;
a person who is contemplating becoming someone within paragraph (c), (d) or (e);
a person who is, or is contemplating becoming, a customer or supplier of someone within paragraph (c), (d), (e) or (f);
an employee or officer of someone within paragraph (c), (d), (e), (f) or (g);
a person with a financial interest in, or who provides financial assistance to, someone within paragraph (c), (d), (e), (f) or (g);
a spouse, civil partner, friend or relative of, or a person who is known personally to, someone within any of paragraphs (a) to (i);
a person who is, or is contemplating becoming, a customer or supplier of someone within paragraph (a), (b), (h), (i) or (j); or
an employer of someone within paragraph (j).
For the purposes of this section, an “officer” of an animal research organisation or a person includes—
where the organisation or person is a body corporate, a director, manager or secretary;
where the organisation or person is a charity, a charity trustee (within the meaning of the Charities Act 2011);
where the organisation or person is a partnership, a partner.
For the purposes of this section—
a person is a customer or supplier of another person if he purchases goods, services or facilities from, or (as the case may be) supplies goods, services or facilities to, that other; and
“supplier” includes a person who supplies services in pursuance of any enactment that requires or authorises such services to be provided.
For the purposes of this section, a “relevant act” is—
an act amounting to a criminal offence, or
a tortious act causing B or another person to suffer loss or damage of any description.
The Secretary of State may by order amend this section so as to include within subsection (2) any description of persons framed by reference to their connection with—
an animal research organisation, or
any description of persons for the time being mentioned in that subsection.
This section does not apply to any act done wholly or mainly in contemplation or furtherance of a trade dispute.
In subsection (7) “trade dispute” has the meaning given by section 145(7).
A person guilty of an offence under section 145 or 146 is liable—
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum, or to both;
on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.
No proceedings for an offence under either of those sections may be instituted except by or with the consent of the Director of Public Prosecutions.
For the purposes of sections 145 and 146 “animal research organisation” means any person or organisation falling within subsection (1A), (2) or (3).
A person or organisation falls within this subsection if he or it is the owner, lessee or licensee of premises constituting or including a place specified in a licence granted under that section or under section 5 of the 1986 Act (licensing of projects involving the use of animals for scientific procedures).
a place specified in a licence granted under section 4 or 5 of the 1986 Act,
a scientific procedure establishment designated under section 6 of that Act, or
a breeding or supplying establishment designated under section 7 of that Act.
A person or organisation falls within this subsection if the person or organisation holds a licence granted under section 2C of the 1986 Act (licensing of undertakings involving the use of animals for scientific procedures).
A person or organisation falls within this subsection if he or it employs, or engages under a contract for services, any of the following in his capacity as such—
the holder of a personal licence granted under section 4 of the 1986 Act, or
the holder of a licence granted under section 2C of the 1986 Act,
the holder of a project licence granted under section 5 of that Act,
a person specified under section 2C(5) of that Act,
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The Secretary of State may by order amend this section so as to include a reference to any description of persons whom he considers to be involved in, or to have a direct connection with persons who are involved in, the application of regulated procedures.
In this section—
“organisation” includes any institution, trust, undertaking or association of persons;
The Secretary of State may by order provide for sections 145, 146 and 147 to apply in relation to persons or organisations of a description specified in the order as they apply in relation to animal research organisations.
The Secretary of State may, however, only make an order under this section if satisfied that a series of acts has taken place and—
that those acts were directed at persons or organisations of the description specified in the order or at persons having a connection with them, and
that, if those persons or organisations had been animal research organisations, those acts would have constituted offences under section 145 or 146.
In this section “organisation” and “animal research organisation” have the meanings given by section 148.
After section 43B of the Vehicle Excise and Registration Act 1994 (c. 22) insert—
Section 43C of that Act Using an incorrectly registered vehicle.
After section 28 of the Vehicle Excise and Registration Act 1994 (c. 22) insert—
After section 165 of the Road Traffic Act 1988 (c. 52) insert—
The Secretary of State may by regulations make provision for and in connection with requiring MIIC to make available relevant vehicle insurance information to the Secretary of State for processing with a view to making the processed information available for use by constables.
“Relevant vehicle insurance information” means information relating to vehicles the use of which has been (but no longer is) insured under a policy of insurance ... complying with the requirements of Part 6 of the Road Traffic Act 1988 (c. 52).
The regulations may in particular—
require all relevant vehicle insurance information or any particular description of such information to be made available to the Secretary of State,
determine the purposes for which information processed from such information by the Secretary of State may be made available for use by constables, and
determine the circumstances in which any of the processed information which has been made available for use by constables may be further disclosed by them.
In this section—
Section 6D of the Road Traffic Act 1988 (preliminary tests for drink and drugs: arrest) is amended as follows.
After subsection (1) insert—
After subsection (2) insert—
Section 7 of that Act (provision of specimens for analysis) is amended as follows.
For subsection (2) substitute—
In subsection (3) (circumstances in which requirement to provide a specimen of blood or urine may be made)—
in paragraph (b) (breath-testing device not available etc.) insert at the beginning “ specimens of breath have not been provided elsewhere and ”, and
in paragraph (bb) (police station breath-testing device has not provided a reliable indication of alcohol level) for “at the police station” substitute “ (at the police station or elsewhere) ”.
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In section 9(1) of that Act (protection for hospital patients) for “for a laboratory test” substitute “ under section 7 of this Act ”.
Section 10 of that Act (detention of persons affected by alcohol or a drug) is amended as follows.
In subsection (1) (detention at a police station)—
for “until it appears to the constable” substitute “ (or, if the specimen was provided otherwise than at a police station, arrested and taken to and detained at a police station) if a constable has reasonable grounds for believing ”, and
for “not be committing” substitute “ commit ”.
In subsection (2) (grounds for detention) for “A person shall not be detained in pursuance of this section if it appears to a” substitute “ Subsection (1) above does not apply to the person if it ought reasonably to appear to the ”.
After that subsection insert—
The Secretary of State may make payments in respect of the whole or any part of the expenditure of a local policing body in relation to—
the prevention and detection of offences to which subsection (3) applies, or
any enforcement action or proceedings in respect of such offences or any alleged such offences.
Payments under this section shall be made at such times, in such manner and subject to such conditions as the Secretary of State may determine.
This subsection applies to offences committed in England and Wales under the following provisions—
The Secretary of State may by order amend the list of offences in subsection (3) so as to add, modify or omit any entry.
In subsection (3) “construction and use requirements” has the meaning given by section 41(7) of the Road Traffic Act 1988 (c. 52).
The Scottish Ministers may make payments in respect of the whole or any part of the expenditure of the Scottish Police Authority in relation to—
the prevention and detection of offences to which subsection (3) applies, or
any enforcement action or proceedings in respect of such offences or any alleged such offences.
Payments under this section shall be made at such times, in such manner and subject to such conditions as the Scottish Ministers may determine.
This subsection applies to offences committed in Scotland under the following provisions—
The Scottish Ministers may by order amend the list of offences in subsection (3) so as to add, modify or omit any entry.
In subsection (3) “construction and use requirements” has the meaning given by section 41(7) of the Road Traffic Act 1988 (c. 52).
In section 95 of the Road Traffic Offenders Act 1988 (c. 53) (destination of fines imposed in respect of road traffic offences etc.) insert—
After section 8 of the Police Act 1996 (c. 16) insert—
In section 51A of the Health and Safety at Work etc. Act 1974 (c. 37) (application of Part 1 of that Act to police) after subsection (2) insert—
For subsection (2) of each of the following sections of the Employment Rights Act 1996 (c. 18)— substitute the subsection set out in subsection (3) of this section.
section 49A (right of police officers not to suffer detriment in relation to health and safety issues), and
section 134A (right of police officers not to be unfairly dismissed in relation to health and safety issues),
The subsection to be substituted is—
The following provisions of the Police Reform Act 2002 (c. 30) (which relate to duties and rights in relation to the health and safety of police) cease to have effect—
section 95, and
in Schedule 8, the reference to section 5 of the Police (Health and Safety) Act 1997 (c. 42).
The amendments made by subsections (1) to (3) have effect for the purposes of any proceedings in or before a court or tribunal that are commenced on or after the day on which this Act is passed as if the amendments had come into force on 1st July 1998.
For the purposes of proceedings commenced against a person in his capacity by virtue of this section as a corporation sole (or, in Scotland, as a distinct juristic person) anything done by or in relation to that person before the passing of this Act shall be deemed to have been done by or in relation to that person in that capacity.
No person shall be liable by virtue of section 51A(2B) of the Health and Safety at Work etc. Act 1974 (c. 37) in respect of anything occurring before the passing of this Act.
Schedule 11 (which makes provision for an accelerated procedure for certain investigations into the conduct of police officers) has effect.
Schedule 12 (which makes provision for the investigation of deaths and serious injuries which occur during or after contact with persons serving with the police) has effect.
The Royal Parks Constabulary is abolished.
Every relevant person shall cease to be a park constable on the appointed day.
Subsection (2) is not to be taken as terminating the Crown employment of any relevant person.
In this section, section 162 and Schedule 13—
“the 1986 Act” means the Animals (Scientific Procedures) Act 1986 (c. 14);
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In section 27A(3) of the Limitation Act 1980 (time limits for bringing proceedings for recovery order: when proceedings are brought)—
after paragraph (a) insert—, and
for “earlier” substitute “ earliest ”.
In section 28 of the Criminal Law Act 1826 (which confers power to order the payment of compensation to those who have helped apprehend an offender), for “an arrestable offence” substitute “an indictable offence”.
The Solicitors Act 1974 is amended as follows. In section 13A (imposition of conditions while practising certificates are in force), in subsection (2)(d), for sub-paragraph (ii) substitute— In section 13B (suspension of practising certificates where solicitors convicted of fraud or serious crime), in subsection (1)(a), for sub-paragraph (ii) substitute—.
In Part 1 of Schedule 2 to the Housing Act 1985 (which sets out grounds upon which a court may, if it considers it reasonable, order possession of dwelling-houses let under secure tenancies), in Ground 2, in paragraph (b)(ii), for “arrestable” substitute “indictable”.
In Schedule 8 to the Terrorism Act 2000 (detention), in paragraph 8 (which relates to the rights of a person detained under Schedule 7 to or section 41 of that Act)— This paragraph extends to the whole of the United Kingdom.
The Crime (International Co-operation) Act 2003 is amended as follows. In section 16 (extension of statutory search powers in England and Wales and Northern Ireland), in subsection (1)— In section 17 (warrants in England and Wales or Northern Ireland), in subsection (3)— This paragraph extends to the whole of the United Kingdom.
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for relevant service within section 38A(1)(ba) of the 1967 Act to have effect from a time specified in the scheme as relevant service within section 38A(1)(bc) of that Act,
for relevant service within section 97(1)(ca) or (cb) of the 1996 Act to have effect from a time specified in the scheme as relevant service within section 97(1)(cf) of that Act,
for relevant service within section 27(1)(b) of the 1998 Act to have effect from a time specified in the scheme as relevant service within section 27(1)(cb) of that Act.
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Schedule 13 (which provides for transfers to the Metropolitan Police Authority and makes amendments) has effect.
“Crown employment” has the same meaning as in the Employment Rights Act 1996 (c. 18), and
From the appointed day the Parks Regulation Act 1872 (c. 15) does not apply to the specified parks.
But from the appointed day section 2 of the Parks Regulation (Amendment) Act 1926 (c. 36) applies in relation to the specified parks in the same way as it applies in relation to parks to which the Parks Regulation Act 1872 applies.
The Secretary of State must ensure that copies of any regulations made under section 2 of the Parks Regulation (Amendment) Act 1926 (c. 36) which are in force in relation to a specified park are displayed in a suitable position in that park.
In this section “specified park” means a park, garden, recreation ground, open space or other land in the metropolitan police district—
which is specified in an order made by the Secretary of State before the appointed day, and
to which the Parks Regulation Act 1872 (c. 15) then applied by virtue of section 1 of the Parks Regulation (Amendment) Act 1926.
Sections 113 and 115 of the Police Act 1997 (c. 50) (criminal record certificates) are omitted.
Before section 114 of that Act insert—
Schedule 14 (which makes consequential amendments to Part 5 of the Police Act 1997 (c. 50)) has effect.
If section 115(1) of the Adoption and Children Act 2002 (c. 38) comes into force before the preceding provisions of this section, the Secretary of State may by order apply Part 5 of the Police Act 1997 subject to such modifications as he thinks necessary or expedient for the purpose of enabling a certificate or statement to be issued under section 113 or 115 of that Act of 1997 in connection with consideration by a court of whether to make a special guardianship order under section 14A of the Children Act 1989 (c. 41).
Section 118 of the Police Act 1997 (evidence of identity) is amended as follows.
In subsection (1) after “117” insert “ or 120 ”.
After subsection (2) insert—
In section 119 of the Police Act 1997 (c. 50) (sources of information),
in subsection (3) for “the prescribed fee” substitute “ such fee as he thinks appropriate ”;
after subsection (5) insert—
In sections 120A and 120B of that Act (as inserted respectively by section 134(1) of the Criminal Justice and Police Act 2001 (c. 16) and section 70 of the Criminal Justice (Scotland) Act 2003 (asp 7)), after subsection (5) insert—
In section 124A of that Act (offences relating to disclosure of information) (inserted by section 328 of and paragraphs 1 and 11 of Schedule 35 to the Criminal Justice Act 2003 (c. 44)), after subsection (5) insert—
In section 120B of the Police Act 1997 (as inserted by section 70 of the Criminal Justice (Scotland) Act 2003 (asp 7)), in subsection (5) for the words from “the prescribed fee” to the end substitute “ such fee as they consider appropriate ”.
In section 126 of that Act of 1997 after subsection (2) insert—
The amendments made by Schedule 35 to the Criminal Justice Act 2003 (c. 44) to Part 5 of the Police Act 1997 (c. 50) extend to Northern Ireland as well as to England and Wales, and accordingly in section 337(5) of that Act of 2003 (extent)—
after “section 315” insert— “ section 328; ”;
after “Schedule 5” insert— “ Schedule 35. ”
Her Majesty may by Order in Council extend any provision of Part 5 of the Police Act 1997 (certificates of criminal records etc.), with such modifications as appear to Her Majesty in Council to be appropriate, to any of the Channel Islands or the Isle of Man.
An order under this section may make such consequential, incidental, supplementary, transitory or transitional provision or savings as Her Majesty in Council thinks appropriate.
In section 2(1) of the Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69) (issue of witness summons on application to Crown Court) for paragraph (b) substitute—
In section 97 of the Magistrates' Courts Act 1980 (c. 43) (summons to witness) for subsection (1) substitute—
In section 97A(1) of that Act (summons as to committal proceedings) for paragraph (b) substitute—.
In paragraph 4(1) of Schedule 3 to the Crime and Disorder Act 1998 (c. 37) (power of justice to take depositions etc.) for paragraph (b) substitute—
In section 51A(1) of the Judicature (Northern Ireland) Act 1978 (c. 23) (issue of witness summons on application to Crown Court) for paragraph (b) substitute—
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Section 25 of the Armed Forces Act 2001 (c. 19) (powers to compel attendance of witnesses) is amended as follows.
In subsection (1) (which inserts a new section 101A in the Army Act 1955 (3 & 4 Eliz. 2 c. 18)), in subsection (1) of the new section 101A, for paragraph (b) substitute—.
In subsection (2) (which inserts a new section 101A in the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)), in subsection (1) of the new section 101A, for paragraph (b) substitute—.
In subsection (3) (which inserts a new section 65A in the Naval Discipline Act 1957), in subsection (1) of the new section 65A, for paragraph (b) substitute—.
Schedule 15 amends the Private Security Industry Act 2001 (c. 12) in relation to its extent to Scotland.
In Schedule 2 to the Scottish Public Services Ombudsman Act 2002 (asp 11) (persons liable to investigation) after paragraph 90 add—
Any power of the Secretary of State to make an order or regulations under this Act, and any power of the Scottish Ministers to make an order under this Act, is exercisable by statutory instrument.
Any such power—
may be exercised so as to make different provision for different cases or descriptions of case or different purposes or areas, and
includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate (or, in the case of an order made by the Scottish Ministers, as they consider appropriate).
Subject to subsections (4) and (5), orders or regulations made by the Secretary of State under this Act are to be subject to annulment in pursuance of a resolution of either House of Parliament.
Subsection (3) does not apply to any order under section ... 161(4) or 178.
Subsection (3) also does not apply to— and no such order may be made by the Secretary of State (whether alone or with other provisions) unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
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any order under section 61(4);
any order under section 76(4);
any order under section 82(6);
any order under section 87(5);
any order under section 89(5);
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any order under section 97(1) or (1ZB);
any order under section 146(6), 148(4) or 149;
any order under section 173 which amends or repeals any provision of an Act;
Subject to subsections (7) and (8), orders made by the Scottish Ministers under this Act are to be subject to annulment in pursuance of a resolution of the Scottish Parliament.
Subsection (6) does not apply to any order under section 178.
Subsection (6) also does not apply to— and no such order may be made by the Scottish Ministers (whether alone or with other provisions) unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the Scottish Parliament.
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any order under section 61(5);
any order under section 77(4);
any order under section 87(6);
any order under section 89(6);
any order under section 96(1);
any order under section 173 which amends or repeals any provision of an Act;
Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
Any such power—
may be exercised so as to make different provision for different cases or descriptions of case or different purposes or areas, and
includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Department of Justice considers appropriate.
Subject to subsections (12) and (13), orders made by the Department of Justice under this Act are to be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
Subsection (11) does not apply to any order under section 178.
Subsection (11) also does not apply to— and no such order may be made by the Department of Justice (whether alone or with other provisions) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
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any order under section 87(6A);
any order under section 89(6A);
any order under section 97(1A) or (2A);
any order under section 173 which amends or repeals any provision of an Act,
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (13) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
The Secretary of State may by order make— as he considers appropriate for the general purposes, or any particular purpose, of this Act, or in consequence of, or for giving full effect to, any provision made by this Act.
such supplementary, incidental or consequential provision, or
such transitory, transitional or saving provision,
An order under subsection (1) may amend, repeal, revoke or otherwise modify any enactment (including this Act).
The power to make an order under subsection (1) includes power to repeal or revoke an enactment which is spent.
Before exercising the power conferred by subsection (1) in relation to an enactment which extends to Scotland, the Secretary of State must consult the Scottish Ministers.
The power conferred by subsection (1) is exercisable by the Scottish Ministers (rather than by the Secretary of State) where the provision to be made is—
for the general purposes of this Act and would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament; or
for the purposes of, in consequence of, or for giving full effect to—
section 77, 156, 171 or Schedule 15,
so far as extending to Scotland, any provision mentioned in section 178(4),
so far as relating as mentioned in section 178(5), section 174(2) and Schedule 17,
so far as having effect as mentioned in section 178(6)(a), section 96.
But an order under— may be made only after consulting the Secretary of State.
paragraph (b)(i) of subsection (5) in relation to section 171 or Schedule 15, or
paragraph (b)(iv) of that subsection,
Nothing in this Act affects the generality of the power conferred by this section.
Before exercising the power conferred by subsection (1) in relation to an enactment which extends to Northern Ireland, the Secretary of State must consult the Department of Justice in Northern Ireland.
The power conferred by subsection (1) is exercisable by the Department of Justice (rather than by the Secretary of State) where the provision to be made is for the general purposes of this Act and would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of the Assembly.
The power conferred by subsection (1) is also exercisable by the Department of Justice (rather than by the Secretary of State) where the provision to be made—
is for the purposes of, in consequence of, or for giving full effect to—
section 78, or
so far as extending to Northern Ireland, any provision mentioned in section 178(7A), and
would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of the Assembly.
The Department of Justice shall not, without the consent of the Secretary of State, make an order by virtue of subsection (6B) or (6C) in relation to which, were the order a Bill of the Northern Ireland Assembly, the Secretary of State’s consent would be required under section 8 of the Northern Ireland Act 1998.
Schedule 16 makes provision for remaining minor and consequential amendments (search warrants).
Schedule 17 makes provision for the repeal and revocation of enactments (including enactments which are spent).
This section contains transitional modifications in respect of penalties for certain offences committed in England or Wales.
In relation to an offence committed before 2 May 2022, the references in the following provisions to periods of imprisonment of the general limit in a magistrates’ court are to be read as references to periods of imprisonment of 6 months—
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the references in the following provisions of this Act to periods of imprisonment of 51 weeks are to be read as references to the periods of imprisonment specified in respect of those provisions as follows— Section Modified period of imprisonment . . . . . . . . . . . . . . . . . . . . . . . . section 67(4)(a) 6 months . . . . . . section 112(5) 4 months section 128(5)(a) 6 months section 136(1) 3 months section 136(3)(a) 3 months section 136(4) 3 months section 136(4A) 3 months
There shall be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State by virtue of this Act;
any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
Subsection (1)(a) does not apply to any expenditure of the Secretary of State under section 155.
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In this Act “enactment” includes—
an enactment contained in or made under an Act of the Scottish Parliament or Northern Ireland legislation, and
an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).
In this Act references to enactments include enactments passed or made after the passing of this Act.
Subsections (2) and (3) apply except where the context otherwise requires.
The following provisions come into force on the day on which this Act is passed—
sections 117(7) (and section 117(6) so far as relates to it), 158, 167, 172, 173, 176, 177, this section and section 179, and
Part 1 of Schedule 17 and (so far as it relates to that Part of that Schedule) section 174(2).
Section 163(4) comes into force at the end of the period of three months beginning with the day on which this Act is passed.
Sections 77 and 156 come into force on such day as the Scottish Ministers may by order appoint.
So far as they extend to Scotland— come into force on such day as the Scottish Ministers may by order appoint.
Chapter 1 of Part 2,
sections 79 to 81,
Chapter 4 of Part 2 (including Schedule 5),
sections 163 to 166, and
Schedule 14,
So far as they relate— section 174(2) and Schedule 17 come into force on such day as the Scottish Ministers may by order appoint.
to sections 113 and 115 of the Police Act 1997 (c. 50) as those sections apply to Scotland;
to section 125 of that Act, to the Regulation of Care (Scotland) Act 2001 (asp 8), to the Protection of Children (Scotland) Act 2003 (asp 5) and to the Criminal Justice (Scotland) Act 2003 (asp 7),
The following provisions come into force on such day as the Scottish Ministers may by order appoint after consulting the Secretary of State—
section 96 so far as it has effect for the purpose of conferring functions on the Scottish Ministers, and
section 171 and Schedule 15.
The following provisions come into force on such day as the Secretary of State may by order appoint after consulting the Scottish Ministers—
sections 95, 98(2), 99(2) and (3), 100, 101 and 107, and
paragraphs 1 and 6 of Schedule 6, and section 109 so far as relating to those paragraphs.
Otherwise, this Act comes into force on such day as the Secretary of State may by order appoint.
The following provisions, so far as they extend to Northern Ireland, come into force on such day as the Department of Justice in Northern Ireland may by order appoint—
section 144 so far as it relates to Part 2 of Schedule 10,
section 163(1),
section 163(3) so far as it relates to paragraphs 4 and 10 of Schedule 14,
Part 2 of Schedule 10, and
paragraphs 4 and 10 of Schedule 14.
Different days may be appointed for different purposes or different areas.
The Secretary of State may by order make such provision as he considers appropriate for transitory, transitional or saving purposes in connection with the coming into force of any provision of this Act.
The power conferred by subsection (10) is exercisable by the Scottish Ministers (rather than the Secretary of State) in connection with any provision of this Act which comes into force by order made by the Scottish Ministers.
The power conferred by subsection (10) is exercisable by the Department of Justice in Northern Ireland (rather than the Secretary of State) in connection with any provision of this Act which comes into force by order made by the Department of Justice.
This Act may be cited as the Serious Organised Crime and Police Act 2005.
Subject to the following provisions, this Act extends to England and Wales only.
The following extend also to Scotland—
sections 1 to 54 and 56 to 58,
sections 60 to 68, 70, 82 to 96, 98 to 106, 107(1) and (4) and 108,
section 123,
section 131,
sections 150 to 153, 156(6), 158, 163(1) and (2), 164, 165(1) and (2), 166(2), 167 and 171(1),
sections 172, 173, 176 to 178 and this section,
Schedules 1, 3, 5 and 15.
The following extend to Scotland only—
section ... 107(3),
sections 129 and 130(3),
sections 156(1) to (5), 166(1) and 171(2).
The following extend also to Northern Ireland—
sections 1 to 54 and 56 to 58,
sections 60 to 75, 82 to 106, 107(1), (2) and (4) and 108,
section 123(1),
sections 128, 131 and 144,
sections 150(1), 151, 163(1) and (2), 164, 165, 166(2) and 167,
sections 172, 173, 176 to 178 and this section,
Schedules 1, 3 and 5.
The following extend to Northern Ireland only—
section 55(2),
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section 130(2),
Part 2 of Schedule 10.
The following have the same extent as the enactments to which they relate—
section 55(1) and Schedule 2,
section 59 and Schedule 4,
section 109 and Schedule 6,
section 154,
section 159 and Schedule 11,
section 160 and Schedule 12,
section 161(5) (so far as it has effect for the purposes of Part 2 of Schedule 13) and that Part of that Schedule,
section 163(3) and Schedule 14,
sections 169(5) and 170,
(subject to subsection (8)) section 174(2) and Schedule 17.
So far as Schedule 17 contains a repeal or revocation of an enactment which corresponds to the repeal or revocation of that enactment by another provision of this Act, that Schedule and section 174(2) have the same extent as that other provision.
So far as they relate to any provision of this Act which extends to any place outside the United Kingdom, sections 172, 173, 177, 178 and this section also extend there.
Subsection (2) does not apply to the following—
section 168, or
any provision of Schedule 7 which makes provision as to its extent.
Section 1
“document” includes information recorded otherwise than in legible form.
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at the end of paragraph (c) insert “or”; and
for paragraph (d) substitute—
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The Port of London Act 1968 is amended as follows. In section 2 (interpretation), omit the definition of “arrestable offence”. In section 156 (powers of constables), in subsection (2), for “arrestable”, in each place where it occurs, substitute “indictable”.
In section 16 of the Administration of Justice Act 1985 (conditional licences for licensed conveyancers), in subsection (1)(ia), for “a serious arrestable offence (as defined by section 116 of the Police and Criminal Evidence Act 1984)” substitute “an indictable offence”.
The Criminal Justice and Public Order Act 1994 is amended as follows. In section 137 (cross-border powers of arrest etc.)— In section 138 (provisions supplementing section 137), in subsection (3), for “subsections (4)(b) and (6)(b)” substitute “subsection (6)(b)”. In section 140 (reciprocal powers of arrest), in subsection (1), for “section 24(6) or (7) or 25” substitute “section 24”. This paragraph extends to the whole of the United Kingdom.
In section 5 of the Armed Forces Act 2001 (power of judicial officer to authorise entry and search of certain premises), in subsection (2)(a), for “a serious arrestable offence for the purposes of the 1984 Act” substitute “an indictable offence”. This paragraph has the same extent as the Armed Forces Act 2001.
In section 28A of the Immigration Act 1971 (arrest without warrant), in each of subsections (1) and (9A), for “A constable or” substitute “An”.
In section 19 of the Wildlife and Countryside Act 1981 (enforcement), in subsection (2), for “section 25” substitute “section 24”. This paragraph extends also to Scotland.
In section 184 of the Road Traffic Act 1988 (application of sections 5 to 10 of that Act to persons subject to service discipline), for subsection (2) substitute— This paragraph has the same extent as section 184 of that Act.
The Gangmasters (Licensing) Act 2004 is amended as follows— This paragraph has the same extent as that Act.
in section 14 (offences: supplementary), in subsection (1), for “section 24(4) and (5)” substitute “section 24A”,
in Schedule 2 (application of Act to Northern Ireland), in paragraph 14, for “section 24(4) and (5)” substitute “section 24A”.
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in the definition of “chief officer” omit paragraphs (c) and (d), and
in the definition of “relevant force” omit paragraphs (c) and (d).
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“premises” includes any place within the meaning of the 1986 Act;
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in the definition of “the relevant authority”, omit sub-paragraph (b),
in the definition of “the relevant fund”, omit sub-paragraph (a), and
in the definition of “the responsible officer”, omit sub-paragraph (b).
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After paragraph 33A (inserted by paragraph 16 of Schedule 8 to this Act) insert—
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Section 55
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after paragraph (d) insert—; and
in paragraph (e), omit “is or”.
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for paragraph (b) substitute—; and
in paragraph (d), for “(temporary service otherwise than with NCIS or NCS)” substitute “(temporary service of various kinds)”.
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Section 58
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at the end of paragraph (b) insert “or”; and
omit paragraph (bb) and the word “or” before it.
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in the definition of “relevant authority” omit paragraphs (c) and (d),
in the definition of “relevant fund” omit paragraphs (b) and (c), and
in the definition of “responsible officer” omit paragraph (b).
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In Article 72A(3) of the Limitation (Northern Ireland) Order 1989 (time limits for bringing proceedings for recovery order: when proceedings are brought)—
after paragraph (a) insert—, and
for “earlier” substitute “ earliest ”.
The Game Laws (Amendment) Act 1960 is amended as follows. In section 2 (power of police to enter on land), in subsection (1)(b), for “section 25” substitute “section 24”. In section 4 (further provisions as to seizure and forfeiture), in subsection (1), for “section 25” substitute “section 24”.
The Animal Health Act 1981 is amended as follows. In section 61 (powers of arrest as to rabies)— For the heading to section 62 (entry and search under section 61) substitute “Entry and search in exercise of powers to seize animals”.
In section 17 of the Police and Criminal Evidence Act 1984 (entry for purpose of arrest etc.), in subsection (1)—
for paragraph (c)(iiia) substitute—,
after paragraph (ca) insert—.
In section 12 of the Deer Act 1991 (powers of search, arrest and seizure), in subsection (2)(b), for “section 25” substitute “section 24”.
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Section 59
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After paragraph 1 insert—
A transfer scheme may provide for any relevant person to become an employee of the Authority on the appointed day. The scheme may make provision— The scheme may provide for a person who would be treated (whether by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.
The Secretary of State may by regulations make provision as to the consequences of the termination of a person’s Crown employment under paragraph 3(1) or by a transfer scheme (including provision removing any entitlement to compensation which might otherwise arise in such circumstances).
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in paragraph (a) omit “, the Service Authority for the National Crime Squad”, and
omit paragraph (e).
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Paragraph 2 (power to detain etc.) is amended as follows. A designation may not apply this paragraph to any person unless a designation also applies paragraph 1A to him. In sub-paragraph (3)— Where— the CSO shall also have any power a constable has under the relevant byelaw to remove a person from a place. Where a person to whom this paragraph applies (“the CSO”) has reason to believe that another person is committing an offence under section 3 or 4 of the Vagrancy Act 1824, and requires him to stop doing whatever gives rise to that belief, the CSO may, if the other person fails to stop as required, require him to wait with the CSO, for a period not exceeding thirty minutes, for the arrival of a constable. In sub-paragraph (4), after “(3)” insert “or (3B)”. In sub-paragraph (5)— In sub-paragraph (6), after the paragraph (ab) inserted by paragraph 13(2) of Schedule 13 to this Act, insert—. In this paragraph “relevant licensing offence” means an offence under any of the following provisions of the Licensing Act 2003— In this paragraph “relevant byelaw” means a byelaw included in a list of byelaws which— The list must be published by the chief officer in such a way as to bring it to the attention of members of the public in localities where the byelaws in the list apply. A list of byelaws mentioned in sub-paragraph (6B) may be amended from time to time by agreement between the chief officer and the relevant body in question, by adding byelaws to it or removing byelaws from it, and the amended list shall also be published by the chief officer as mentioned in sub-paragraph (6C). A relevant body for the purposes of sub-paragraph (6B) is— An order under sub-paragraph (6E)(e) may provide, in relation to any body specified in the order, that the agreement mentioned in sub-paragraph (6B)(b) and (6D) is to be made between the chief officer and the Secretary of State (rather than between the chief officer and the relevant body). Omit sub-paragraph (7). The application of any provision of this paragraph by paragraph 3(2), 3A(2) or 7A(8) has no effect unless a designation under this paragraph has applied this paragraph to the CSO in question.
A transfer scheme may provide for the appointment as a member of the police force for the metropolitan police district of any relevant person who becomes an employee of the Authority by virtue of the scheme. The appointment does not take effect until the person has been attested as a constable for the metropolitan police district in accordance with section 29 of the Police Act 1996 (c. 16). On being so attested his contract of employment with the Authority is terminated by virtue of this sub-paragraph. He is not to be treated (whether for the purposes of any enactment or otherwise) as being dismissed by virtue of the operation of sub-paragraph (3).
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After paragraph 2 insert—
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service as the Director General of the National Criminal Intelligence Service;
service as the Director General of the National Crime Squad;
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;
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;
relevant service within paragraph (ca) or (cb) of section 97(1) of the Police Act 1996 (c. 16);
relevant service within section 38A(1)(ba) of the Police (Scotland) Act 1967 (c. 77).
In paragraph 3 (power to require name and address of person acting in anti-social manner), in sub-paragraph (2), for “sub-paragraph (2) of that paragraph” substitute “paragraph 1A(3)”.
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After paragraph 3 insert—
In paragraph 4 (power to use reasonable force to detain person)—
in sub-paragraph (2)(b), after “paragraph” insert “1A or”,
in sub-paragraph (3), for “paragraph 2(2)” substitute “paragraph 1A(3)”.
After paragraph 7 insert—
After paragraph 8 insert—
After paragraph 11A insert—
After paragraph 13 insert—
After paragraph 15 insert—
Section 82
A person who is or might be, or who has been, a witness in legal proceedings (whether or not in the United Kingdom).
A person who has complied with a disclosure notice given to him by virtue of section 62(1).
A person who has been given an immunity notice under section 71(1) if the notice continues to have effect in relation to him. A person who has been given a restricted use undertaking under section 72(1) if the undertaking continues to have effect in relation to him.
A person who is or has been a member of a jury.
A person who holds or has held judicial office (whether or not in the United Kingdom).
A person who is or has been a justice of the peace or who holds or has held a position comparable to that of a justice of the peace in a place outside the United Kingdom.
A person who is or has been a member of an international tribunal which has jurisdiction in criminal matters.
A person who conducts or has conducted criminal prosecutions (whether or not in the United Kingdom).
A person who is or has been the Director of Public Prosecutions for England and Wales. A person who is or has been a member of staff of the Crown Prosecution Service for England and Wales.
A person who is or has been the Director or deputy Director of Public Prosecutions for Northern Ireland. A person who is or has been a person appointed under Article 4(3) of the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I.1)) to assist the Director of Public Prosecutions for Northern Ireland.
A person who is or has been under the direction and control of the Lord Advocate in the Lord Advocate's capacity as head of the systems of criminal prosecution and investigation of deaths in Scotland.
A person who ... has been the Director of Revenue and Customs Prosecutions. A person who ... has been a member of staff of the Revenue and Customs Prosecutions Office.
A person who is or has been a constable.
A person who is or has been designated under—
section 38(1) of the Police Reform Act 2002 (c. 30) (police powers for civilian staff);
section 30(1) of the Police (Northern Ireland) Act 2003 (c. 6) (police powers for designated police support staff).
A person who is a police custody and security officer (as defined by section 99(1) of the Police and Fire Reform (Scotland) Act 2012).
A person who—
is or has been an officer of Revenue and Customs;
is or has been a member of staff of Her Majesty's Customs and Excise.
A person who is or has been a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 (c. 77).
A person who is or has been a member of staff of SOCA.
A person who is or has been a National Crime Agency officer.
A person who is or has been the Director General of the National Criminal Intelligence Service or the Director General of the National Crime Squad. A person who is or has been under the direction and control of the Director General of the National Criminal Intelligence Service or the Director General of the National Crime Squad.
A person who ... has been the Director of the organisation known as the Scottish Drug Enforcement Agency and established under section 36(1)(a)(ii) of the Police (Scotland) Act 1967 (c. 77), that is to say a person who was engaged on central service (as defined by section 38(5) of that Act) and was appointed by the Scottish Ministers to exercise control in relation to the activities carried out in exercise of that organisation's functions. A person who ... has been under the direction and control of the Director of the Scottish Drug Enforcement Agency.
A person who ... has been the Director of the Assets Recovery Agency. A person who ... has been a member of staff of the Assets Recovery Agency or a person with whom the Director of that Agency has made arrangements for the provision of services under section 1(4) of the Proceeds of Crime Act 2002 (c. 29).
A person who is or has been the head of the Civil Recovery Unit, that is to say of the organisation known by that name which acts on behalf of the Scottish Ministers in proceedings under Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc. of unlawful conduct). A person who is or has been a member of staff of the Civil Recovery Unit.
A person who ... has been the Director General of the Scottish Crime and Drug Enforcement Agency. A person who ... has been under the direction and control of the Director General of the Scottish Crime and Drug Enforcement Agency.
A person who is or has been a person appointed by virtue of section 246(1) of the Proceeds of Crime Act 2002 (c. 29) as an interim receiver. A person who assists or has assisted an interim receiver so appointed in the exercise of such functions as are mentioned in section 247 of that Act.
A person who is or has been a person appointed by virtue of section 256(1) of the Proceeds of Crime Act 2002 as an interim administrator. A person who assists or has assisted an interim administrator so appointed in the exercise of such functions as are mentioned in section 257 of that Act.
A person who is or has been the head of the Financial Crime Unit, that is to say of the organisation known by that name which, among other activities, acts on behalf of the Lord Advocate in proceedings under Part 3 of the Proceeds of Crime Act 2002 (confiscation: Scotland). A person who is or has been a member of staff of the Financial Crime Unit.
A person who is or has been a prison officer.
A person who is or has been a covert human intelligence source (within the meaning of section 26(8) of the Regulation of Investigatory Powers Act 2000 (c. 23) or of section 1(7) of the Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11)).
A person—
who is a member of the family of a person specified in any of the preceding paragraphs;
who lives or has lived in the same household as a person so specified;
who has or has had a close personal relationship with a person so specified.
Section 109
Section 111
So much of the enactments set out in the second column of the Table below as confers a power of arrest without warrant upon— shall cease to have effect to the extent that it is not already spent. Short title and chapter Enactment affected Unlawful Drilling Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 1) Section 2 (power to disperse unlawful meeting). Military Lands Act 1892 (c. 43) Section 17(2) (powers relating to breaches of byelaws). London County Council (General Powers) Act 1894 (c. ccxii) Section 7 (arrest for breach of byelaws). London County Council (General Powers) Act 1900 (c. cclxviii) Section 27 (arrest for breach of byelaws). Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c. xxix) Article 19 (power of detention) of the Order set out in the Schedule. Theft Act 1968 (c. 60) In Schedule 1 (offences of taking or destroying fish), paragraph 2(4). Lotteries and Amusements Act 1976 (c. 32) In section 19 (search warrants), the second paragraph (b). Animal Health Act 1981 (c. 22) Section 60 (duties and authorities of constables).
a constable, or
persons in general (as distinct from persons of any description specified in or for the purposes of the enactment),
Section 122
Schedule 4 to the Police Reform Act 2002 (c. 30) (powers exercisable by police civilians) is amended as follows.
“terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1(1) to (4) of that Act);
In paragraph 16 (search warrants)—
in paragraph (a), for “in the relevant police area” substitute “whether in the relevant police area or not”,
in paragraph (e), for “in respect of premises in the relevant police area” substitute “, but in respect of premises in the relevant police area only,”.
After paragraph 16 insert—
In paragraph 17 (access to excluded and special procedure material)—
in paragraph (b)(ii), at the end add “(in the case of a specific premises warrant) or any premises, whether in the relevant police area or not (in the case of an all premises warrant);”,
in paragraph (bc), for “in respect of premises in the relevant police area” substitute “, but in respect of premises in the relevant police area only,”.
Schedule 5 to the Police Reform Act 2002 (c. 30) (powers exercisable by accredited persons) is amended as follows.
In paragraph 2 (power to require giving of name and address), in sub-paragraph (3), after paragraph (a) insert—.
After paragraph 3 insert—
After paragraph 8A insert—
After paragraph 9 insert—
Section 122
Schedule 4 to the Police Reform Act 2002 (c. 30) (powers exercisable by police civilians) is amended as follows.
Section 144
The Crime and Disorder Act 1998 (c. 37) is amended as provided in paragraphs 2 to 5.
After section 13 insert—
Section 8 (parenting orders) is amended as follows. In subsection (1), after paragraph (a) insert—. In subsection (6)(a)—
“parental compensation order” has the meaning given by section 13A(1) above;
In section 114 (orders and regulations), in subsection (3), after “section” insert “13A(5),”.
The amendments made by paragraph 2 of this Schedule do not apply in relation to any conduct which occurred before the coming into force of that paragraph.
The Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) is amended as provided in paragraphs 8 and 9.
After Article 36 insert—
“parental compensation order” has the meaning given by Article 36ZA(1);
The amendments made by paragraph 8 of this Schedule do not apply in relation to any conduct which occurred before the coming into force of that paragraph.
Section 159
Schedule 3 to the Police Reform Act 2002 (c. 30) is amended as follows.
In paragraph 20(1)—
for “until” substituteuntil—; and
the words from “a report” to the end become paragraph (b).
After paragraph 20 insert—
In sub-paragraph (2)—
Section 160
The Police Reform Act 2002 (c. 30) has effect subject to the following amendments.
Section 10(2) (general functions of the Commission) is amended as follows. After paragraph (b) insert—. In paragraph (c), after “paragraph (b)” insert “or (ba)”.
In section 12 (matters to which Part 2 applies), after subsection (2) insert—
In the following provisions, for “and conduct matters” substitute “, conduct matters and DSI matters”—
the cross-heading preceding section 13;
the heading for section 13 (handling of complaints and conduct matters); and
that section itself.
Section 16(2) (assistance for which payment is required) is amended as follows. In paragraph (a), for the words from “an investigation relating to” to the end substitute—. In paragraph (b), for the words from “an investigation” to the end substitute—
In section 18 (inspection of police premises on behalf of the Commission), in subsection (2)(a), after “conduct matters” insert “or DSI matters”.
Section 21 (duty to provide information) is amended as follows. In subsection (1), for “or recordable conduct matter” substitute “, recordable conduct matter or DSI matter”. In subsection (1)(a), after “subsection (2)” insert “or (2A)”. In subsection (2), after “if” insert “(in the case of a complaint or recordable conduct matter)”. After subsection (2) insert— In subsection (3)— In subsection (5), for “or conduct matter” substitute “, conduct matter or DSI matter”. In subsections (6) and (7), for “or recordable conduct matter” substitute “, recordable conduct matter or DSI matter”. After subsection (9)(b) insert—. In subsection (9)(c), after “paragraph 22” insert “or 24A”. In subsection (10), for “or recordable conduct matter” substitute “, recordable conduct matter or DSI matter”.
Section 22 (power of Commission to issue guidance) is amended as follows. In subsection (2)(b)(ii), after “recordable conduct matters” insert “or DSI matters”. In subsection (5)—
Section 23(2) (regulations) is amended as follows. In paragraph (b), after “recordable conduct matters” insert “and DSI matters”. For paragraph (h) substitute—. In paragraph (j), for “or conduct matter” substitute “, conduct matter or DSI matter”. In paragraph (n)(ii), after “recordable conduct matters” insert “or DSI matters”.
Section 29 (interpretation) is amended as follows. In subsection (1)— After subsection (1) insert—
Schedule 3 (handling of complaints and conduct matters) is amended as set out in the following paragraphs.
After paragraph 14 insert—
In paragraph 15(1)(a) and (8) (power of the Commission to determine the form of an investigation), for “or recordable conduct matter” substitute “, recordable conduct matter or DSI matter”.
Paragraph 16 (investigations by the appropriate authority on its own behalf) is amended as follows. In sub-paragraph (1), for “or recordable conduct matter” substitute “, recordable conduct matter or DSI matter”. In sub-paragraph (2)(a), after “recordable conduct matter” insert “or under paragraph 14D(2) in relation to any DSI matter”. In sub-paragraph (3), after “(4)” insert “or (5)”. In sub-paragraph (4), for “matter” substitute “conduct matter”. The person appointed under this paragraph to investigate any DSI matter—
Paragraph 17 (investigations supervised by the Commission) is amended as follows. In sub-paragraph (1), for “or recordable conduct matter” substitute “, recordable conduct matter or DSI matter”. In sub-paragraph (6), for “matter” substitute “conduct matter”. The person appointed under this paragraph to investigate any DSI matter—
Paragraph 18 (investigations managed by the Commission) is amended as follows. In sub-paragraph (1), for “or recordable conduct matter” substitute “, recordable conduct matter or DSI matter”. In sub-paragraph (2), for “(6)” substitute “(6A)”.
Paragraph 19 (investigations by the Commission itself) is amended as follows. In sub-paragraph (1), for “or recordable conduct matter” substitute “, recordable conduct matter or DSI matter”. The person designated under sub-paragraph (2) to be the person to take charge of an investigation of a DSI matter in relation to which the relevant officer is the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis must be the person nominated by the Secretary of State to be so designated under that sub-paragraph.
In paragraph 20(1) (restrictions on proceedings pending the conclusion of an investigation), after “22” insert “or 24A”.
In paragraph 21(4) (power of the Commission to discontinue an investigation), for “or recordable conduct matter” substitute “, recordable conduct matter or DSI matter”.
After paragraph 21 insert—
For paragraph 22 (final reports on investigations) substitute—
In the heading preceding paragraph 23, after “investigation report” insert “under paragraph 22”. In paragraph 23(1)— In relation to a DSI matter in respect of which a determination has been made under paragraph 21A(2) or (4), the references in this paragraph to the appropriate authority are references to the appropriate authority in relation to the person whose conduct is in question.
In the heading preceding paragraph 24, after “investigation report” insert “under paragraph 22”. In paragraph 24(1)— In relation to a DSI matter in respect of which a determination has been made under paragraph 21A(2) or (4), the references in this paragraph to the appropriate authority are references to the appropriate authority in relation to the person whose conduct is in question.
After paragraph 24 insert—
Section 161
Section 163
Part 5 of the Police Act 1997 (c. 50) (certificates of criminal records etc.) is amended as follows.
In section 114(3) for “Section 113(3) to (5)” substitute “Sections 113A(3) to (6) and 113C to 113F”.
In section 116—
in the application to Scotland of subsection (2)(b) for “to which subsection (3) or (4) of section 115 applies” substitute “of such description as may be prescribed”;
in subsection (3) for “Section 115(6) to (10)” substitute “Sections 113B(3) to (11) and 113C to 113F”.
In section 119—
in subsection (1A) for “section 113(3A) or (3C) or (3EA) or (3EC)” substitute “section 113C(3) or 113D(3)”;
in subsection (2) for “115” substitute “113B”.
In section 119A(2) for the words from “under” to “adults)” substitute “in a list mentioned in section 113C(3) or 113D(3)”.
In section 120—
in subsection (3)(b) for “113 or 115” substitute “113A or 113B”;
in subsection (5)(b) for “113 or 115” substitute “113A or 113B”;
in subsection (7) for “113” substitute “113A”.
In section 120ZA(4)(b) for “113 or 115” substitute “113A or 113B”.
In section 120A (as inserted by section 134(1) of the Criminal Justice and Police Act 2001 (c. 16))—
in subsection (3)(b) for “section 113(3A) or (3C) or (3EA) or (3EC)” substitute “section 113C(3) or 113D(3)”;
in subsection (5) for “113” substitute “113A”.
In section 120B (as inserted by section 70 of the Criminal Justice (Scotland) Act 2003 (asp 7))—
in subsection (3)(a) for “113” substitute “113A”;
in subsection (3)(b) for “113(3C)” substitute “113C(3) or 113D(3)”;
after subsection (6) (as inserted by section 165(2) of this Act) insert—
In section 121 for “under section 114(2), 115(4) or (10), 116(2), 122(1) or (2) or 125” substitute “in relation to the making of regulations or orders”.
In section 122(3) and (4)(b) for “113 or 115” substitute “113A or 113B”.
In section 124—
in subsections (1), (2), (3), (4) and (6) for “113 or 115” substitute “113A or 113B”;
in subsection (5) for “115(8)” substitute “113B(5)”;
in subsection (6)(e) for “113” substitute “113A”.
In section 124B—
in subsection (1) for “113” substitute “113A”;
in subsection (3) for “113(5)” substitute “113A(6)”.
In section 125, at the end add—
Section 171
The Private Security Industry Act 2001 (c. 12) is amended as follows.
In section 2 (directions etc. by the Secretary of State)—
in subsection (2), the existing words “shall consult the Authority” become paragraph (a) and after that paragraph addand; and
in subsection (3), the existing words “the Secretary of State with such information about its activities as he may request” become paragraph (a) and after that paragraph addand
After section 2 insert—
In section 3 (conduct prohibited without a licence), after subsection (3) insert—
In section 7 (licensing criteria), after subsection (5) insert—
In section 11 (appeals in licensing matters)—
in subsection (1), after “court” insert “(in Scotland, to the sheriff)”;
in subsection (4), the existing words from “a magistrates'” to “Crown Court” become paragraph (a) and after that paragraph insertor; and
in subsection (6)(d), the existing words from “the appropriate” to the end become sub-paragraph (i) and after that sub-paragraph addor
In section 13 (licensing at local authority level), at the end add—
In section 15(1) (duty to secure arrangements are in force for granting certain approvals), at the end of paragraph (a) add “or in Scotland”.
In section 18 (appeals relating to approvals)—
in subsection (1), after “court” insert “(in Scotland, to the sheriff)”;
in subsection (4), the existing words from “a magistrates'” to “Crown Court” become paragraph (a) and after that paragraph insertor; and
in subsection (5)(d), the existing words from “the appropriate” to the end become sub-paragraph (i) and after that sub-paragraph addor
In section 23 (criminal liability of directors etc.), the existing words become subsection (1) and after that subsection add—
In section 24 (consultation with Security Industry Authority before making orders or regulations etc.)—
after subsection (1) insert—;
in subsection (2), after “Secretary of State” insert “or the Scottish Ministers”;
in subsection (3), after paragraph (b) insertor;
after subsection (3) insert—;
in subsection (4), after “consult” insert “the Scottish Ministers (except where the order is made by virtue of section 3(2)(j)) and”; and
in subsection (5)(b), at the end add “(or where the order is, or regulations are, made by the Scottish Ministers, as the Scottish Ministers think fit)”.
In section 26 (short title, commencement and extent)—
after subsection (2) insert—; and
in subsection (4), after “Wales” insert “and to Scotland”.
In Schedule 1 (the Security Industry Authority)—
Before appointing the chairman, the Secretary of State shall consult the Scottish Ministers.
Before removing a person from office as chairman of the Authority, the Secretary of State shall consult the Scottish Ministers.
Before giving consent under sub-paragraph (2), the Secretary of State shall consult the Scottish Ministers.
The Scottish Ministers may make payments to the Authority out of the Scottish Consolidated Fund in relation to the exercise by the Authority of its functions in or as regards Scotland.
in paragraph 16 (accounts)—
in sub-paragraph (3), after second “State” insert “, to the Scottish Ministers”; and
The Scottish Ministers shall present documents received by them under sub-paragraph (3) to the Scottish Parliament.
in paragraph 17 (annual report)—
in sub-paragraph (1), after “State” insert “and to the Scottish Ministers”; and
The Scottish Ministers shall lay a copy of each such report before the Scottish Parliament.
In Schedule 2 (activities liable to control under the Private Security Industry Act 2001 (c. 12))—
This paragraph does not apply to any activities carried out in Scotland.
This paragraph does not apply to any activities of a person who is an advocate or solicitor in Scotland in the provision of legal services—
after paragraph 4 insert—;
in paragraph 8(2) (door supervisors etc. for public houses, clubs and comparable venues) after paragraph (e) add—; and
after paragraph 9 add—
Section 174
Section 174
Short title and chapter Extent of repeal Police Reform Act 2002 (c. 30) Section 95. In Schedule 8, the reference to section 5 of the Police (Health and Safety) Act 1997 (c. 42).
Short title and chapter or title and number Extent of repeal or revocation Unlawful Drilling Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 1) In section 2, the words “, or for any other person acting in their aid or assistance,”. Vagrancy Act 1824 (c. 83) Section 6. Railway Regulation Act 1842 (c. 55) Section 17. Companies Clauses Consolidation Act 1845 (c. 16) In section 156, the words “, and all persons called by him to his assistance,”. Railways Clauses Consolidation Act 1845 (c. 20) Sections 104 and 154. Licensing Act 1872 (c. 94) In section 12, the words “may be apprehended, and”. Public Stores Act 1875 (c. 25) Section 12(1). London County Council (General Powers) Act 1894 (c. ccxii) In section 7, the words “and any person called to the assistance of such constable or person authorised”. London County Council (General Powers) Act 1900 (c. cclxviii) In section 27, the words “and any person called to the assistance of such constable or officer”. Licensing Act 1902 (c. 28) In section 1, the words “apprehended and”. In section 2(1), the words “may be apprehended, and”. Protection of Animals Act 1911 (c. 27) Section 12(1). Official Secrets Act 1911 (c. 28) Section 6. Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6) Section 7(3). Army Act 1955 (3 & 4 Eliz. 2 c. 18) Section 83BC(2)(k). Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) Section 83BC(2)(k). Naval Discipline Act 1957 (c. 53) Section 52IJ(2)(k). Public Records Act 1958 (c. 51) In Schedule 1, in Part 2 of the Table at the end of paragraph 3, the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service. Street Offences Act 1959 (c. 57) Section 1(3). Trustee Investments Act 1961 (c. 62) In section 11(4), in paragraph (a), the words “, the Service Authority for the National Crime Squad”, and paragraph (e). In Part 2 of Schedule 1, paragraph 9(da). Parliamentary Commissioner Act 1967 (c. 13) In Schedule 2, the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service. Police (Scotland) Act 1967 (c. 77) In section 33, in subsections (3) and (4), the words “and the National Criminal Intelligence Service”. Section 38A(1)(ba). In section 41(4)(a), the words “or by a member of the National Criminal Intelligence Service or of the National Crime Squad”. Criminal Justice Act 1967 (c. 80) In section 91(1), the words “may be arrested without warrant by any person and”. Leasehold Reform Act 1967 (c. 88) Section 28(5)(bc). Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c. xxix) In Article 19 of the Order set out in the Schedule, the words “and any person called to the assistance of such constable or officer”. Theft Act 1968 (c. 60) Section 25(4). Port of London Act 1968 (c. xxxii) In section 2, the definition of “arrestable offence”. Section 170. Employment Agencies Act 1973 (c. 35) In section 13(7)(f), the words “, the Service Authority for the National Criminal Intelligence Service, the Service Authority for the National Crime Squad”. House of Commons Disqualification Act 1975 (c. 24) Section 1(1)(da). In Schedule 1, in Part 2, the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service. Northern Ireland Assembly Disqualification Act 1975 (c. 25) Section 1(1)(da). In Schedule 1, in Part 2, the entries relating to the Service Authorities for the National Crime Squad and the National Criminal Intelligence Service. Sex Discrimination Act 1975 (c. 65) In section 17(7), in the definition of “chief officer of police”, paragraph (aa), in the definition of “police authority”, paragraph (aa) and, in the definition of “police fund” the words from “, in relation to” (in the second place where they occur) to “the Police Act 1997”. Police Pensions Act 1976 (c. 35) In section 11(5), in paragraph (a) of the definition of “central service”, “(ca), (cb),”. Race Relations Act 1976 (c. 74) In section 76B, subsection (1) and, in subsection (2), the word “also”. In Schedule 1A, in Part 1, paragraphs 59 and 60 and, in Part 3, the entry relating to the Director General of the National Crime Squad. Criminal Law Act 1977 (c. 45) Section 6(6). Section 7(6). Section 8(4). Section 9(7). In section 10(5), the words “A constable in uniform,”. Theft Act 1978 (c. 31) Section 3(4). Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9)) In Article 47A(2), sub-paragraph (b). Animal Health Act 1981 (c. 22) Section 61(1). Section 62(1). Local Government (Miscellaneous Provisions) Act 1982 (c. 30) In Schedule 3, paragraph 24. Aviation Security Act 1982 (c. 36) Section 28(3). Stock Transfer Act 1982 (c. 41) In Schedule 1, in paragraph 7(1), paragraph (bb) and the word “or” before it. Police and Criminal Evidence Act 1984 (c. 60) Section 5(1A). In section 15(2)(a)(i), the word “and” at the end. Section 25. Section 55(14A). In section 66(1)(a)(i), the word “or” at the end. Section 116. In section 118(1), the definition of “arrestable offence”. In Schedule 1, in paragraph 14(a), the words “to which the application relates”. Schedule 1A. In Schedule 2, the entries relating to the Military Lands Act 1892 (c. 43), the Protection of Animals Act 1911 (c. 27), the Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6), the Street Offences Act 1959 (c. 57), the Criminal Law Act 1977 (c. 45) and the Animal Health Act 1981 (c. 22). Schedule 5. In Schedule 6, paragraph 17. Prosecution of Offences Act 1985 (c. 23) In section 3(3), in the definition of “police force”, the words “, the National Crime Squad”. Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57) In section 7(2), the words “, and may arrest such a person”. Public Order Act 1986 (c. 64) Section 3(6). Section 4(3). Section 4A(4). Section 5(4) and (5). Section 12(7). Section 13(10). Section 14(7). Section 14B(4). Section 14C(4). Section 18(3). Ministry of Defence Police Act 1987 (c. 4) In section 2B(3), in the definitions of “chief officer” and “relevant force”, paragraphs (c) and (d). Criminal Justice Act 1988 (c. 33) Section 140(1)(a) and (b). In Schedule 15, paragraphs 98 and 102. Road Traffic Act 1988 (c. 52) Section 4(6) to (8). In section 124(2), the definitions of “chief officer of police”, “police authority” and “police force”. Section 144(2)(ba). Section 163(4). Road Traffic (Consequential Provisions) Act 1988 (c. 54) In Schedule 3, paragraph 27(5). Football Spectators Act 1989 (c. 37) Section 2(4). Aviation and Maritime Security Act 1990 (c. 31) In section 22(4)(b), sub-paragraph (iii) and the word “or” before it. In Schedule 3, paragraph 8. Football (Offences) Act 1991 (c. 19) Section 5(1). Road Traffic Act 1991 (c. 40) In Schedule 4, paragraph 39. Local Government Finance Act 1992 (c. 14) In section 43(7)(b), “, (5A)”. Transport and Works Act 1992 (c. 42) Section 30(1) and (3). Section 40. Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) Section 241(3). Tribunals and Inquiries Act 1992 (c. 53) In section 7(2), after “36A”, “(a) or (b)”. In Schedule 1, in paragraph 36A, “(a)” and sub-paragraph (b). Criminal Justice and Public Order Act 1994 (c. 33) Section 61(5). Section 62B(4). Section 63(8). Section 65(5). Section 68(4). Section 69(5). Section 76(7). Section 85(1), (2) and (3). Section 155. Section 166(4). Section 167(7). In Schedule 10, paragraph 59. Drug Trafficking Act 1994 (c. 37) In Schedule 1, paragraph 9 and, in paragraph 25, the words “section 9(6) of” and the words after “1990”. Criminal Appeal Act 1995 (c. 35) In section 22(2), in paragraph (a), the words “, the National Crime Squad”, paragraph (b)(ii) and paragraphs (d) and (e). Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40) In Schedule 4, paragraph 76(2). Disability Discrimination Act 1995 (c. 50) In the section 64A inserted by the Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), in subsection (7), in the definitions of “chief officer of police”, “police authority” and “police fund”, paragraph (b). Reserve Forces Act 1996 (c. 14) In Schedule 2, paragraph 2(1). Police Act 1996 (c. 16) Section 23(8). Section 24(5). In section 54(2), the words “the National Criminal Intelligence Service and the National Crime Squad”. Section 55(7). Section 59(8). Section 60(2A). Section 61(1)(aa) and (ba). In section 62, subsection (1)(aa) and (ab), the subsection (1A) inserted by paragraph 82(2) of Schedule 9 to the Police Act 1997, and subsections (1B) and (1C). In section 63, subsections (1A) and (1B). In section 64, subsections (4A) and (4B). In section 88(5)(b), the words “or section 23 of the Police Act 1997”. In section 89(4)(a), the words “or by a member of the National Crimina Intelligence Service or of the National Crime Squad”. Section 97(1)(ca) and (cb). In section 98, in subsections (2) and (3), the words “or the Director General of the National Crime Squad” and “or the National Crime Squad”, subsection (3A), in subsection (4) the words “or the National Crime Squad” and “or the Director General of the National Crime Squad”, in subsection (5) the words “or the National Crime Squad” (in both places) and “or the Director General of the National Crime Squad” and subsection (6A). Employment Rights Act 1996 (c. 18) Section 50(2)(ca). Offensive Weapons Act 1996 (c. 26) Section 1(1). Public Order (Amendment) Act 1996 (c. 59) The whole Act. Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6)) In Schedule 2, 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. Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)) Article 67KA(3)(b). Article 72A(2)(b). Article 169A(2)(b). Confiscation of Alcohol (Young Persons) Act 1997 (c. 33) Section 1(5). Police (Health and Safety) Act 1997 (c. 42) In section 5(3), in the definition of “relevant authority” paragraphs (c) and (d), in the definition of “relevant fund” paragraphs (b) and (c) and, in the definition of “responsible officer”, paragraph (b). Police Act 1997 (c. 50) Sections 1 to 87. Sections 89 and 90. In section 93(6), paragraphs (d) and (e). In section 94, in subsection (1) paragraph (c) and the word “or” before it and subsections (3) and (4)(c). In section 111, in subsection (1), paragraphs (c) and (d), in subsection (2), paragraphs (d) and (e) and, in subsection (3), paragraphs (c) and (d). Section 113. Section 115. In section 125 as it applies to Scotland, subsection (3) and, in subsection (4), the words “to which subsection (3) does not apply”. In section 137(2), paragraphs (b) and (c). Schedules 1 to 2A. In Schedule 9, paragraphs 1, 4 to 6, 11, 14(b), 15, 16, 20, 26, 29(2), 30(2), 31, 44, 46 to 48, 54, 58 to 62, 69, 70, 71(2)(a), (c), (d) and (3), 73, 74, 76, 77, 79 to 84, 86(3) and (4), 87, 88 and 92. Police (Health and Safety) (Northern Ireland) Order 1997 (S.I. 1997/1774 (N.I. 6)) In Article 7(3), in the definition of “the relevant authority”, sub-paragraph (b), in the definition of “the relevant fund”, sub-paragraph (a) and, in the definition of “the responsible officer”, sub-paragraph (b). Police (Northern Ireland) Act 1998 (c. 32) Section 27(1)(b). In section 42, in subsection (1) “, (3)”, and subsection (7). In Schedule 4, paragraph 22. Crime and Disorder Act 1998 (c. 37) In section 1C, subsections (6) to (8). Section 27(1). Section 31(2) and (3). Section 113. Protection of Children Act 1999 (c. 14) Section 8. Terrorism Act 2000 (c. 11) In Schedule 15, paragraph 5(11). Care Standards Act 2000 (c. 14) Section 90. Section 102. Section 104. In Schedule 4, paragraph 25. Regulation of Investigatory Powers Act 2000 (c. 23) In section 33, in subsection (1) the words “, the National Criminal Intelligence Service or the National Crime Squad” and “, Service or Squad”, in subsection (3) the words “, the National Criminal Intelligence Service or the National Crime Squad” and (in both places) “, Service or Squad” and, in subsection (6), in paragraph (e) the words “and also of the National Criminal Intelligence Service” and paragraph (f). In section 34, subsections (5) and (6)(c). In section 45(6), paragraphs (d) and (e). In section 56(1), in the definition of “chief officer of police”, paragraphs (j) and (k) Section 75(6)(b). In section 76A(11)(c) the words “the National Crime Squad or”. In Schedule 1, paragraph 27D and the cross-heading before it. In Schedule 4, paragraph 8(4)(c) and (5). Football (Disorder) Act 2000 (c. 25) Section 2. In Schedule 2, paragraph 2. Police (Northern Ireland) Act 2000 (c. 32) In Schedule 6, in paragraph 20, sub-paragraphs (4) to (7). Freedom of Information Act 2000 (c. 36) In section 23(3), the word “and” at the end of paragraph (k). In Schedule 1, in Part 6, the entries relating to the National Crime Squad and the Service Authority for the National Crime Squad. Criminal Justice and Court Services Act 2000 (c. 43) In Schedule 7, paragraph 77. Health and Social Care Act 2001 (c. 15) Section 19. Criminal Justice and Police Act 2001 (c. 16) Section 42(8). Section 47(3). In section 104, subsection (3), in subsection (4) paragraph (c) and the word “and” before it, and subsection (8). In section 107, subsections (1)(c) and (4). Sections 108 to 121. Section 138(6)(d). In Schedule 4, paragraph 7(3)(b). Schedule 5. In Schedule 6, paragraphs 1 to 21, 55, 56, 60, 61 and 77. Anti-terrorism, Crime and Security Act 2001 (c. 24) Section 39(8). Regulation of Care (Scotland) Act 2001 (asp 8) In Schedule 3, paragraph 21. International Development Act 2002 (c. 1) In Schedule 3, paragraphs 3(3), 11(3) and 12(3). National Health Service Reform and Health Care Professions Act 2002 (c. 17) In Schedule 2, paragraph 64. Proceeds of Crime Act 2002 (c. 29) In section 313(1), paragraphs (c) and (d). In section 330, subsection (5)(b), and, in subsection (9)(b), the words after “employment”. Section 331(5)(b). In section 332(1) and (3), “337 or”. Section 332(5)(b). In section 337(5)(b), the words after “employment”. In section 338, subsection (1)(b) (except the word “and” at the end) and, in subsection (5)(b), the words after “employment”. Section 339(5) and (6). In section 447(3)(a), the word “or” at the end. In Schedule 11, paragraphs 3(3), 14(4), 30(3) and (4) and 34(3) and (4). Police Reform Act 2002 (c. 30) Section 8. In section 9(3)(e) the words “is or”. In section 10, in subsection (1), at the end of paragraph (e) the word “and”, in paragraph (f) the words “the National Criminal Intelligence Service, the National Crime Squad and”, in subsection (3), paragraph (a) and, in paragraph (d), the words “the National Criminal Intelligence Service, the National Crime Squad or” and, in subsection (7), the word “or” at the end of paragraph (a). In section 15(6), the words from “or, as the case may be” to the end of the subsection. Section 25. In section 38, subsection (3), in subsection (4) the words “or a Director General” and, in subsection (7), the words “or of a Service Authority”. Section 42(4) and (8). In section 45, in subsection (1) the words “and by Directors General”, in subsection (3) paragraphs (a), (b), (d) and (e) and, in subsection (5), the words “or a Director General”. In section 47(1), the definitions of “Director General” and “Service Authority”. Section 48. Section 49(1). In section 82, subsection (1)(c) and (f), in subsection (2), paragraph (c) and the word “or” before it, subsection (3)(d) and subsection (5). Sections 85 to 91. Section 93. In section 102, in subsection (2), paragraphs (c) and (d) and, in subsection (5), paragraphs (b) and (c). In section 103, subsections (2) and (3) and, in subsection (6), the words “, the NCIS service fund or the NCS service fund,”. Section 108(7)(e). Schedule 1. In Schedule 4, paragraph 2(5)(a) and (7), and in paragraph 36(1), paragraph (b) and the word “and” before it. In Schedule 5, in paragraph 1(2)(aa), the words “except in respect of an offence under section 12 of the Licensing Act 1872 or section 91 of the Criminal Justice Act 1967”. Schedule 6. In Schedule 7, paragraphs 16, 17, 19(2) and (3), 21 and 22(2). Education Act 2002 (c. 32) Part 2 of Schedule 12. In Schedule 13, paragraphs 7 and 8. In Schedule 21, paragraphs 72 and 73. Adoption and Children Act 2002 (c. 38) Section 135. In Schedule 3, paragraph 93. Licensing Act 2003 (c. 17) In Schedule 6, paragraphs 93 and 116. Aviation (Offences) Act 2003 (c. 19) Section 1(1). Communications Act 2003 (c. 21) Section 181(1). Crime (International Co-operation) Act 2003 (c. 32) In section 17(3), the words “the Police and Criminal Evidence Act 1984 (c. 60) or (as the case may be)”. Section 85. Anti-social Behaviour Act 2003 (c. 38) Section 4(5). Section 23(5). Section 32(3). Section 37(3). Courts Act 2003 (c. 39) In Schedule 8, paragraphs 12 and 281(2). Sexual Offences Act 2003 (c. 42) In Schedule 6, paragraph 28(3) and (4). Criminal Justice Act 2003 (c. 44) Section 3. In Schedule 35, paragraphs 3 and 4. Protection of Children (Scotland) Act 2003 (asp 5) Section 12. Criminal Justice (Scotland) Act 2003 (asp 7) Section 70(3). Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (S.I. 2003/417 (N.I. 4)) Article 17(4) to (6). Article 47(3) to (5). Energy Act 2004 (c. 20) In section 59(3), in the definition of “chief officer”, paragraphs (c) and (d) and, in the definition of “relevant force”, paragraphs (c) and (d). In Schedule 14, paragraph 11(b). Domestic Violence, Crime and Victims Act 2004 (c. 28) Section 10(1). In Schedule 10, paragraph 24. Hunting Act 2004 (c. 37) Section 7. Prevention of Terrorism Act 2005 (c. 2) Section 9(9). Serious Organised Crime and Police Act 2005 (c. 15) Section 112(6) and (7). Section 126(2) and (3). Section 130(1). Section 136(5).