Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
The Serious Organised Crime Agency
Establishment of SOCA
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Functions
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General powers
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Annual plans and reports
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Central supervision and direction
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Financial provisions
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Operational matters
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Liability for unlawful conduct
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Use and disclosure of information
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General duties of police etc.
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Prosecutions
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Miscellaneous and supplementary
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Designations
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Powers exercisable
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Exercise of powers
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Supplementary
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Complaints and misconduct
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Application of discrimination legislation
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Joint investigation teams
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Transfers
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Amendments
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Investigations, prosecutions, proceedings and proceeds of crime
Introductory
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.
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.
In this Chapter “the Investigating Authority” means—
the Director of Public Prosecutions,
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the Lord Advocate ,or
the Director of Public Prosecutions for Northern Ireland.
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
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 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 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).
Disclosure notices
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,
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 “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,
an officer of Revenue and Customs.
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.).
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
In subsection (6)(b), “legal privilege” has the meaning given by section 412 of the Proceeds of Crime Act 2002 (c. 29).
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.
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.
Enforcement
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,
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”.
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.
Supplementary
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.
“act of terrorism” includes anything constituting an action taken for the purposes of terrorism, within the meaning of the Terrorism Act 2000 (see section 1(5) of that Act);“appropriate person” has the meaning given by section 62(2);“the Investigating Authority” is to be construed in accordance with section 60(5) and (6);“disclosure notice” has the meaning given by section 62(3);“document” includes information recorded otherwise than in legible form.“terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1(1) to (4) of that Act);“terrorist investigation” has the meaning given by section 60(7).
In this Chapter—
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;
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;
a prosecutor designated for the purposes of this section by a prosecutor mentioned in paragraphs (a) to (db).
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.
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.
An immunity notice must not be given in relation to an offence under section 188 of the Enterprise Act 2002 (c. 40) (cartel offences).
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 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 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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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—
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.
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
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.
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 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 (1) may not enable such a confiscation order to be made by any magistrates' court in respect of an amount exceeding £10,000.
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.
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.
The Department of Justice may by order amend subsection (2) so as to substitute a different amount.
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).
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.
Police powers etc.
Powers of arrest
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) insert
The sections 24 and 24A of PACE substituted by subsection (1) are to have effect in relation to any offence whenever committed.
Exclusion zones
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.
Search warrants
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.
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 ”.
Fireworks
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—
Photographing of suspects etc.
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
After subsection (6) insert—
Fingerprints and footwear impressions
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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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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Intimate samples
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—.
Custody officers
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Section 36 of PACE (custody officers at police stations) is amended as provided in subsections (2) to (6).
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In subsection (8)—
after “in” insert “ section 34 above or in ”,
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Designated and accredited persons
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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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”,
after sub-paragraph (2) insert—
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.
Provision of information for use by police staff
In section 71 of the Criminal Justice and Court Services Act 2000 (c. 43) (access to driver licensing records), in subsection (4), after “In this section” insert.
In section 18 of the Vehicles (Crime) Act 2001 (c. 3) (register of registration plate suppliers), after subsection (8) insert—.
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Interpretation of Part 3
In this Part, “PACE” means the Police and Criminal Evidence Act 1984 (c. 60).
Public order and conduct in public places etc.
Harassment
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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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—
Trespass on designated site
“Crown interest” means an interest belonging to Her Majesty in right of the Crown, and“Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall.
A person commits an offence if he enters, or is on, any protected site in England and Wales or Northern Ireland as a trespasser.
In this section “protected site” means—
a nuclear site; or
a designated site.
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.
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 “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.
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.
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.
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.
In this section ‘protected Scottish site’ means—
a nuclear site in Scotland; or
a designated Scottish site.
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.
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 “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.
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.
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.
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.
Demonstrations in vicinity of Parliament
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Anti-social behaviour
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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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Parental compensation orders
Schedule 10 is to have effect.
Miscellaneous
Protection of activities of certain organisations
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).
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.
“the 1986 Act” means the Animals (Scientific Procedures) Act 1986 (c. 14);“organisation” includes any institution, trust, undertaking or association of persons;“premises” includes any place within the meaning of the 1986 Act;“regulated procedures” has the meaning given by section 2 of the 1986 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 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 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 licence granted under section 2C of the 1986 Act,
a person specified under section 2C(5) of that Act,
the holder of a personal licence granted under section 4 of the 1986 Act, or
the holder of a project licence granted under section 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—
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
In this section “organisation” and “animal research organisation” have the meanings given by section 148.
Vehicle registration and insurance and road traffic offences
After section 43B of the Vehicle Excise and Registration Act 1994 (c. 22) insert—
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—
“information” means information held in any form,“MIIC” means the Motor Insurers' Information Centre (a company limited by guarantee and incorporated under the Companies Act 1985 (c. 6) on 8th December 1998), and. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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—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 87(1) (drivers of motor vehicles to have driving licences); section 47 (obligatory test certificates for motor vehicles); 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 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).
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—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 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).
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—
Local policing information
After section 8 of the Police Act 1996 (c. 16) insert—
Other miscellaneous police matters
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
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.
Royal Parks etc.
“appointed day” means such day as the Secretary of State may by order appoint for the purposes of this section,“Crown employment” has the same meaning as in the Employment Rights Act 1996 (c. 18), and“relevant person” means a person who immediately before the appointed day is serving as a park constable with the Royal Parks Constabulary.
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.
Schedule 13 (which provides for transfers to the Metropolitan Police Authority and makes amendments) has effect.
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.
Criminal record checks
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.
Witness summonses
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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Private Security Industry Act 2001: Scotland
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—
Final provisions
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 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—
so far as extending to Scotland, any provision mentioned in section 178(4),
But an order under—may be made only after consulting the Secretary of State.
paragraph (b)(iv) of that subsection,
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.
Nothing in this Act affects the generality of the power conferred by this section.
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—
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—
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.
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,
Chapter 4 of Part 2 (including Schedule 5),
Schedule 14,
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
The following provisions come into force on such day as the Secretary of State may by order appoint after consulting the Scottish Ministers—
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 163(1),
Part 2 of Schedule 10, and
paragraphs 4 and 10 of Schedule 14.
Otherwise, this Act comes into force on such day as the Secretary of State may by order appoint.
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—
section 123,
section 131,
Schedules 1, 3, 5 and 15.
The following extend to Scotland only—
section ... 107(3),
The following extend also to Northern Ireland—
section 123(1),
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 154,
Subsection (2) does not apply to the following—
section 168, or
any provision of Schedule 7 which makes provision as to its extent.
The Serious Organised Crime Agency
The Board of SOCA
Membership
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Tenure of office: chairman and ordinary members
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Remuneration, pensions etc. of chairman and ordinary members
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Termination of office of ex-officio members
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Director General and other staff
SOCA's staff
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The Director General
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Termination or suspension of appointment of Director General
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Delegation of functions of Director General
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Remuneration and pensions of staff
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Insurance
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Committees, procedure etc.
Committees
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Delegation to committees and staff
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Proceedings
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Evidence
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General
Status
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Incidental powers
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Functions of Independent Police Complaints Commission in relation to SOCA
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Transfers to SOCA
Interpretation
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Staff
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Property, rights and liabilities etc.
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Supplementary
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Power to make regulations
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Minor and consequential amendments relating to SOCA
Explosives Act 1875 (c. 17)
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Police (Property) Act 1897 (c. 30)
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Army Act 1955 (3 & 4 Eliz. 2 c. 18)
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Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
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Naval Discipline Act 1957 (c. 53)
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Public Records Act 1958 (c. 51)
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Trustee Investments Act 1961 (c. 62)
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Offices, Shops and Railway Premises Act 1963 (c. 41)
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Parliamentary Commissioner Act 1967 (c. 13)
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Police (Scotland) Act 1967 (c. 77)
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Leasehold Reform Act 1967 (c. 88)
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Firearms Act 1968 (c. 27)
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Employment Agencies Act 1973 (c. 35)
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Health and Safety at Work etc. Act 1974 (c. 37)
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District Courts (Scotland) Act 1975 (c. 20)
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House of Commons Disqualification Act 1975 (c. 24)
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Northern Ireland Assembly Disqualification Act 1975 (c. 25)
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Sex Discrimination Act 1975 (c. 65)
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Police Pensions Act 1976 (c. 35)
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Race Relations Act 1976 (c. 74)
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Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))
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Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))
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Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
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Stock Transfer Act 1982 (c. 41)
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Road Traffic Regulation Act 1984 (c. 27)
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Police and Criminal Evidence Act 1984 (c. 60)
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Prosecution of Offences Act 1985 (c. 23)
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Ministry of Defence Police Act 1987 (c. 4)
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Dartford-Thurrock Crossing Act 1988 (c. 20)
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Road Traffic Act 1988 (c. 52)
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Security Service Act 1989 (c. 5)
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Official Secrets Act 1989 (c. 6)
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Aviation and Maritime Security Act 1990 (c. 31)
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Tribunals and Inquiries Act 1992 (c. 53)
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Criminal Appeal Act 1995 (c. 35)
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Disability Discrimination Act 1995 (c. 50)
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Police Act 1996 (c. 16)
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Employment Rights Act 1996 (c. 18)
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Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6))
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Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))
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Police (Health and Safety) Act 1997 (c. 42)
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Police Act 1997 (c. 50)
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Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))
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Police (Health and Safety) (Northern Ireland) Order 1997 (S.I. 1997/1774 (N.I. 16))
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Audit Commission Act 1998 (c. 18)
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Data Protection Act 1998 (c. 29)
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Police (Northern Ireland) Act 1998 (c. 32)
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Crime and Disorder Act 1998 (c. 37)
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Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21))
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Immigration and Asylum Act 1999 (c. 33)
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Terrorism Act 2000 (c. 11)
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Regulation of Investigatory Powers Act 2000 (c. 23)
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Football (Disorder) Act 2000 (c. 25)
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Freedom of Information Act 2000 (c. 36)
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Criminal Justice and Court Services Act 2000 (c. 43)
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Criminal Justice and Police Act 2001 (c. 16)
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Proceeds of Crime Act 2002 (c. 29)
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Police Reform Act 2002 (c. 30)
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Crime (International Co-operation) Act 2003 (c. 32)
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Courts Act 2003 (c. 39)
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Sexual Offences Act 2003 (c. 42)
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Criminal Justice Act 2003 (c. 44)
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Energy Act 2004 (c. 20)
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Domestic Violence, Crime and Victims Act 2004 (c. 28)
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Persons specified for the purposes of 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 National Crime Agency officer.
A person who is or has been a member of staff of SOCA.
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 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... 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 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.
Minor and consequential amendments relating to Chapter 6 of Part 2
Prescription and Limitation (Scotland) Act 1973 (c. 52)
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 ”.
Limitation Act 1980 (c. 58)
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 ”.
Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))
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 ”.
Proceeds of Crime Act 2002 (c. 29)
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, ”.
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)—
after “Where” insert “ a property freezing order or ”, and
after “setting aside the” insert “ property freezing order or ”.
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.
After the definition of “premises” insert—.
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 ”.
Powers of Arrest: supplementary
Specific repeals
Unlawful Drilling Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 1)
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,”.
Vagrancy Act 1824 (c. 83)
Section 6 of the Vagrancy Act 1824 (power to apprehend) shall cease to have effect.
Railway Regulation Act 1842 (c. 55)
Section 17 of the Railway Regulation Act 1842 (punishment of persons guilty of misconduct) shall cease to have effect.
Companies Clauses Consolidation Act 1845 (c. 16)
In section 156 of the Companies Clauses Consolidation Act 1845 (transient offenders), omit “, and all persons called by him to his assistance,”.
Railways Clauses Consolidation Act 1845 (c. 20)
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.
Licensing Act 1872 (c. 94)
In section 12 of the Licensing Act 1872 (penalty on persons found drunk), omit “may be apprehended, and”.
Public Stores Act 1875 (c. 25)
In section 12 of the Public Stores Act 1875 (powers of arrest and search), omit subsection (1).
London County Council (General Powers) Act 1894 (c. ccxii)
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”.
London County Council (General Powers) Act 1900 (c. cclxviii)
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”.
Licensing Act 1902 (c. 28)
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”.
Protection of Animals Act 1911 (c. 27)
In section 12 of the Protection of Animals Act 1911 (powers of constables), omit subsection (1).
Official Secrets Act 1911 (c. 28)
Section 6 of the Official Secrets Act 1911 (power of arrest) shall cease to have effect.
Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)
In section 7 of the Public Order Act 1936 (enforcement), omit subsection (3).
Street Offences Act 1959 (c. 57)
In section 1 of the Street Offences Act 1959 (loitering or soliciting for purposes of prostitution), omit subsection (3).
Criminal Justice Act 1967 (c. 80)
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”.
Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c. xxix)
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”.
Theft Act 1968 (c. 60)
In section 25 of the Theft Act 1968 (going equipped for stealing etc.), omit subsection (4).
Port of London Act 1968 (c. xxxii)
Section 170 of the Port of London Act 1968 (power of arrest) shall cease to have effect.
Criminal Law Act 1977 (c. 45)
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,”.
Theft Act 1978 (c. 31)
In section 3 of the Theft Act 1978 (making off without payment), omit subsection (4).
Animal Health Act 1981 (c. 22)
The Animal Health Act 1981 is amended as follows.
In section 61 (powers of arrest as to rabies), omit subsection (1).
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
In Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (control of sex establishments), omit paragraph 24.
Aviation Security Act 1982 (c. 36)
In section 28 of the Aviation Security Act 1982 (byelaws for designated airports), omit subsection (3).
Police and Criminal Evidence Act 1984 (c. 60)
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 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—
Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)
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”.
Public Order Act 1986 (c. 64)
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).
Road Traffic Act 1988 (c. 52)
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.
Football Spectators Act 1989 (c. 37)
In section 2 of the Football Spectators Act 1989 (offences relating to unauthorised attendance at designated football matches), omit subsection (4).
Transport and Works Act 1992 (c. 42)
In section 30 of the Transport and Works Act 1992 (powers of arrest and entry), omit subsections (1) and (3).
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
In section 241 of the Trade Union and Labour Relations (Consolidation) Act 1992 (intimidation or annoyance), omit subsection (3).
Criminal Justice and Public Order Act 1994 (c. 33)
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).
Reserve Forces Act 1996 (c. 14)
In Schedule 2 to the Reserve Forces Act 1996 (deserters and absentees without leave), omit paragraph 2(1).
Confiscation of Alcohol (Young Persons) Act 1997 (c. 33)
In section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (confiscation of alcohol), omit subsection (5).
Crime and Disorder Act 1998 (c. 37)
In section 31 of the Crime and Disorder Act 1998 (racially or religiously aggravated public order offences), omit subsections (2) and (3).
Criminal Justice and Police Act 2001 (c. 16)
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).
Anti-social Behaviour Act 2003 (c. 38)
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Hunting Act 2004 (c. 37)
Section 7 of the Hunting Act 2004 (arrest) shall cease to have effect.
General repeal
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.
a constable, or
persons in general (as distinct from persons of any description specified in or for the purposes of the enactment),
Amendments relating to references to arrestable offences and serious arrestable offences
Criminal Law Act 1826 (c. 64)
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 ”.
Criminal Law Act 1967 (c. 58)
The Criminal Law Act 1967 is amended as follows.
In section 4 (penalties for assisting offenders)—
in subsection (1)—
for “an arrestable offence” substitute “ a relevant offence ”,
for “other arrestable offence” substitute “ other relevant offence ”,
for subsection (1A) substitute—,
in subsection (2), for “an arrestable offence” substitute “ a relevant offence ”.
In section 5 (penalties for concealing offences or giving false information), in subsection (1)—
for “an arrestable offence” substitute “ a relevant offence ”,
for “other arrestable offence” substitute “ other relevant offence ”.
Port of London Act 1968 (c. xxxii)
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 ”.
Solicitors Act 1974 (c. 47)
The Solicitors Act 1974 is amended as follows.
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In section 13B (suspension of practising certificates where solicitors convicted of fraud or serious crime), in subsection (1)(a), for sub-paragraph (ii) substitute—.
Police and Criminal Evidence Act 1984 (c. 60)
The Police and Criminal Evidence Act 1984 is amended as follows.
In section 4 (road checks)—
for “a serious arrestable offence”, in each place where it occurs, substitute “ an indictable offence ”,
in subsection (14), for “serious arrestable offence” substitute “ indictable offence ”.
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 each of subsections (2)(a) and (5)(a), for “a serious arrestable offence” substitute “ an indictable offence ”,
in subsection (5A)(a), for “the serious arrestable offence” substitute “ the indictable offence ”.
In section 58 (access to legal advice)—
in each of subsections (6)(a) and (8)(a), for “a serious arrestable offence” substitute “ an indictable offence ”,
in subsection (8A)(a), for “the serious arrestable offence” substitute “ the indictable offence ”.
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.
Administration of Justice Act 1985 (c. 61)
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 ”.
Housing Act 1985 (c. 68)
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 ”.
Housing Act 1988 (c. 50)
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 ”.
Criminal Justice and Public Order Act 1994 (c. 33)
The Criminal Justice and Public Order Act 1994 is amended as follows.
In section 137 (cross-border powers of arrest etc.)—
in subsection (1), for “conditions applicable to this subsection are” substitute “ condition applicable to this subsection is ”,
for subsection (4) substitute—,
in subsection (9), for the definition of “ “arrestable offence” and “designated police station”” substitute—.
This paragraph extends to the whole of the United Kingdom.
Terrorism Act 2000 (c. 11)
in sub-paragraph (4), for “serious arrestable offence”, in each place where it occurs, substitute “ serious offence ”,
in sub-paragraph (9), for the words before paragraph (a) substitute “ In this paragraph, references to a “serious offence” are (in relation to England and Wales) to an indictable offence, and (in relation to Northern Ireland) to a serious arrestable offence within the meaning of Article 87 of the Police and Criminal Evidence (Northern Ireland) Order 1989; but also include— ”.
This paragraph extends to the whole of the United Kingdom.
International Criminal Court Act 2001 (c. 17)
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).
Armed Forces Act 2001 (c. 19)
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Crime (International Co-operation) Act 2003 (c. 32)
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)—
for “serious arrestable offences” substitute “ indictable offences ”,
in paragraph (b), for “a serious arrestable offence” substitute “ an indictable offence ”.
In section 17 (warrants in England and Wales or Northern Ireland), in subsection (3)—
for paragraph (b) substitute—,
in the definition of “arrestable offence”, omit the words “the Police and Criminal Evidence Act 1984 (c. 60) or (as the case may be)”.
This paragraph extends to the whole of the United Kingdom.
Other amendments
Game Laws (Amendment) Act 1960 (c. 36)
The Game Laws (Amendment) Act 1960 is amended as follows.
Immigration Act 1971 (c. 77)
In section 28A of the Immigration Act 1971 (arrest without warrant), in each of subsections (1) and (9A), for “A constable or” substitute “ An ”.
Customs and Excise Management Act 1979 (c. 2)
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.
Animal Health Act 1981 (c. 22)
The Animal Health Act 1981 is amended as follows.
In section 61 (powers of arrest as to rabies)—
in subsection (2), after “applies” insert “ for the purposes of section 17(1)(caa) of the Police and Criminal Evidence Act 1984 ”,
for the heading substitute “ Powers of entry and search in relation to rabies offences ”.
Wildlife and Countryside Act 1981 (c. 69)
Aviation Security Act 1982 (c. 36)
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.
Police and Criminal Evidence Act 1984 (c. 60)
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—.
Road Traffic Act 1988 (c. 52)
Aviation and Maritime Security Act 1990 (c. 31)
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.
Deer Act 1991 (c. 54)
Gangmasters (Licensing) Act 2004 (c. 11)
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Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)
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 ”.
Powers of designated and accredited persons
Designated persons
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Community support officers
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Investigating officers
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Detention officers
After paragraph 33 insert—
Accredited persons
Schedule 5 to the Police Reform Act 2002 (c. 30) (powers exercisable by accredited persons) is amended as follows.
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After paragraph 3 insert—
After paragraph 8A insert—
After paragraph 9 insert—
Additional powers and duties of designated persons
Schedule 4 to the Police Reform Act 2002 (c. 30) (powers exercisable by police civilians) is amended as follows.
Community Support Officers
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Investigating officers
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Detention officers
After paragraph 33A (inserted by paragraph 16 of Schedule 8 to this Act) insert—
Escort officers
Paragraph 34 (power to take an arrested person to a police station) is amended as follows.
In sub-paragraph (1)(c)—
in paragraph (ii), after “duty” insert “ to keep the person under control and ”,
in paragraph (iii), at the end add “ and under his control ”.
After sub-paragraph (1)(c) add—
Paragraph 35 (escort of persons in police detention) is amended as follows.
In sub-paragraph (3)—
in paragraph (b), after “duty” insert “ to keep the person under control and ”,
in paragraph (c), at the end add “ and under his control ”.
After sub-paragraph (3) insert—
Staff custody officers
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Parental compensation orders
England and Wales
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)—
after “paragraph (a)” insert “ , (aa) ”,
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In section 18 (interpretation of Chapter 1), in subsection (1), after the definition of “local child curfew scheme” insert—.
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.
Northern Ireland
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—
In Article 2 (interpretation), in paragraph (2), in the appropriate place insert—.
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.
Investigations into conduct of police officers: accelerated procedure in special cases
Schedule 3 to the Police Reform Act 2002 (c. 30) is amended as follows.
In paragraph 20(1)—
for “until” substitute; and
the words from “a report” to the end become paragraph (b).
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Investigations of deaths and serious injuries during or after contact with the police
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)—
after “subsection (2)” insert “ or (2A) ”; and
for “or recordable conduct matter” (in both places) substitute “ , recordable conduct matter or DSI matter ”.
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)—
in paragraph (a), after “recordable conduct matters” insert “ or DSI matters ”;
in paragraphs (b) and (d)(ii), after “recordable conduct matter” insert “ or DSI matter ”; and
in paragraph (e)(i), for “or conduct matter” substitute “ , conduct matter or DSI matter ”.
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)—
for the definition of “the appropriate authority” substitute—; and
after the definition of “conduct matter” insert—.
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 ”.
After sub-paragraph (4) add—
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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 ”.
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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 ”.
After sub-paragraph (3) insert—
In paragraph 20(1) (restrictions on proceedings pending the conclusion of an investigation), after “22” insert “ or 24A ”.
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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 paragraph (a), for “(2)” substitute “ (3) ”; and
in paragraph (b), for “(3)” substitute “ (5) ”.
After paragraph 23(12) insert—
In the heading preceding paragraph 24, after “investigation report” insert “ under paragraph 22 ”.
In paragraph 24(1)—
in paragraph (a), for “22(1)” substitute “ 22(2) ”; and
in paragraph (b), for “22(2)” substitute “ 22(3) ”.
After paragraph 24(10) insert—
After paragraph 24 insert—
Abolition of Royal Parks Constabulary: supplementary
Transfers to Metropolitan Police Authority
Interpretation
In this Part of this Schedule—“the Authority” means the Metropolitan Police Authority, and“transfer scheme” means a scheme made by the Secretary of State under this Schedule.
Establishment of eligibility for transfer
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.
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.
Relevant persons
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—
for the termination of the relevant person's Crown employment on the appointed day,
as to the terms and conditions which are to have effect as the terms and conditions of the relevant person's contract of employment with the Authority,
transferring to the Authority the rights, powers, duties and liabilities of the employer under or in connection with the relevant person's Crown employment,
for things done before the appointed day by or in relation to the employer in respect of the relevant person or his Crown employment to be treated from that day as having been done by or in relation to the Authority,
for the period during which the relevant person has been in Crown employment to count as a period of employment with the Authority (and for the operation of the transfer scheme not to be treated as having interrupted the continuity of that employment), and
for the termination of the Crown employment of a relevant person who would otherwise be transferred by the scheme but who has informed the Secretary of State that he does not wish to be so transferred.
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.
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).
Property, rights and liabilities, etc.
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.
Consultation
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.
Termination of employment
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).
Amendments
Royal Parks (Trading) Act 2000 (c. 13)
In section 4 of the Royal Parks (Trading) Act 2000 (seizure of property) after subsection (3) add—
Regulation of Investigatory Powers Act 2000 (c. 23)
In Schedule 1 to the Regulation of Investigatory Powers Act 2000 (relevant authorities) omit paragraph 27D and the cross-heading before it.
Police Reform Act 2002 (c. 30)
The Police Reform Act 2002 has effect subject to the following amendments.
Section 82 (police nationality requirements) is amended as follows.
In subsection (1)—
at the end of paragraph (e) insert “ or ”, and
omit paragraph (f).
In subsection (3)(e) for “the Civil Nuclear Constabulary or the Royal Parks Constabulary” substitute “ or the Civil Nuclear Constabulary ”.
Omit subsection (5).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendments of Part 5 of Police Act 1997
Part 5 of the Police Act 1997 (c. 50) (certificates of criminal records etc.) is amended as follows.
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 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—
Private Security Industry Act 2001: Scottish extent
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 add; 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 add
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 insert; and
in subsection (6)(d), the existing words from “the appropriate” to the end become sub-paragraph (i) and after that sub-paragraph add
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 insert; and
in subsection (5)(d), the existing words from “the appropriate” to the end become sub-paragraph (i) and after that sub-paragraph add
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) insert;
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)—
in paragraph 1 (membership and chairman), at the end add—;
in paragraph 3 (removal from office), the existing words become sub-paragraph (1) and after that sub-paragraph insert—;
in paragraph 6 (staff etc.), after sub-paragraph (2) insert—;
in paragraph 14 (money), after sub-paragraph (1) insert—;
in paragraph 16 (accounts)—
in sub-paragraph (3), after second “State” insert “ , to the Scottish Ministers ”; and
after sub-paragraph (3) insert—; and
in paragraph 17 (annual report)—
in sub-paragraph (1), after “State” insert “ and to the Scottish Ministers ”; and
at the end add—
In Schedule 2 (activities liable to control under the Private Security Industry Act 2001 (c. 12))—
in paragraph 3 (immobilisation of vehicles), at the end add—;
in paragraph 4 (private investigations), after sub-paragraph (4) insert—;
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—
Remaining minor and consequential amendments (search warrants)
Incitement to Disaffection Act 1934 (c. 56)
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 ”.
Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)
In section 2 of the Public Order Act 1936 (prohibition of quasi-military organisations), in subsection (5), for “one month” substitute “ three months ”.
Wireless Telegraphy Act 1949 (c. 54)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Licensing Act 1964 (c. 26)
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).
Biological Weapons Act 1974 (c. 6)
In section 4 of the Biological Weapons Act 1974 (powers to search etc.), in subsection (1)(a), for “one month” substitute “ three months ”.
Copyright, Designs and Patents Act 1988 (c. 48)
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 ”.
Computer Misuse Act 1990 (c. 18)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Trade Marks Act 1994 (c. 26)
In section 92A of the Trade Marks Act 1994 (search warrants), in subsection (3)(b), for “28 days” substitute “ three months ”.
Repeals and revocations
Repeals coming into force on Royal Assent
Section 95.
Other repeals and revocations
In section 1, the words “apprehended and”.
In section 2(1), the words “may be apprehended, and”.
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).
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”.
In section 2, the definition of “arrestable offence”.
Section 170.
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.
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.
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.
Section 6(6).
Section 7(6).
Section 8(4).
Section 9(7).
In section 10(5), the words “A constable in uniform,”.
Section 61(1).
Section 62(1).
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.
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).
Section 140(1)(a) and (b).
In Schedule 15, paragraphs 98 and 102.
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).
In section 22(4)(b), sub-paragraph (iii) and the word “or” before it.
In Schedule 3, paragraph 8.
Section 30(1) and (3).
Section 40.
In section 7(2), after “36A”, “(a) or (b)”.
In Schedule 1, in paragraph 36A, “(a)” and sub-paragraph (b).
Section 61(5).
Section 62B(4).
Section 63(8).
Section 65(5).
Section 68(4).
Section 69(5).
Section 76(7).
Section 155.
Section 166(4).
Section 167(7).
In Schedule 10, paragraph 59.
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 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).
Article 67KA(3)(b).
Article 72A(2)(b).
Article 169A(2)(b).
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.
Section 27(1)(b).
In section 42, in subsection (1) “, (3)”, and subsection (7).
In Schedule 4, paragraph 22.
In section 1C, subsections (6) to (8).
Section 27(1).
Section 31(2) and (3).
Section 113.
Section 90.
Section 102.
Section 104.
In Schedule 4, paragraph 25.
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).
Section 2.
In Schedule 2, paragraph 2.
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.
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).
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.
In section 313(1), paragraphs (c) and (d).
In section 330, ... in subsection (9)(b), the words after “employment”.
...
...
...
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 ... 14(4), 30(3) and (4) and 34(3) and (4).
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).
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).
Part 2 of Schedule 12.
In Schedule 13, paragraphs 7 and 8.
In Schedule 21, paragraphs 72 and 73.
Section 135.
In Schedule 3, paragraph 93.
In section 17(3), the words “the Police and Criminal Evidence Act 1984 (c. 60) or (as the case may be)”.
Section 85.
Section 4(5).
Section 23(5).
Section 32(3).
Section 37(3).
Section 3.
In Schedule 35, paragraphs 3 and 4.
Article 17(4) to (6).
Article 47(3) to (5).
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).
Section 10(1).
In Schedule 10, paragraph 24.
Section 130(1).
Section 136(5).