SeriousOrganised
CrimeandPoliceAct
2005
CHAPTER 15
ExplanatoryNoteshavebeenproducedtoassistinthe
understandingofthisActandareavailableseparately
£21·00Serious Organised Crime and Police 
Act 2005
CHAPTER 15
CONTENTS
PART 1
THE SERIOUS  ORGANISED  CRIME  AGENCY
CHAPTER  1
SOCA: ESTABLISHMENT  AND  ACTIVITIES
Establishment of SOCA
1 Establishment of Serious Organised Crime Agency
Functions
2 Functions of SOCA as to serious organised crime
3 Functions of SOCA as to information relating to crime4 Exercise of functions: general considerations
General powers
5 SOCA’s general powers
Annual plans and reports
6A n n u a l  p l a n s
7 Annual reports
Central supervision and direction
8 General duty of Secretary of State and Scottish MinistersSerious Organised Crime and Police Act 2005 (c. 15) vi
9 Strategic priorities
10 Codes of practice11 Reports to Secretary of State12 Power to direct submission of action plan13 Revision of inadequate action plan14 Procedure for giving directions under section 1215 Reports relating to directions under section 1216 Inspections
Financial provisions
17 Grants by Secretary of State
18 Determinations relating to grants under section 1719 Charges by SOCA and other receipts20 Accounts
Operational matters
21 Operational responsibility of Director General
22 Activities in Scotland in relation to crime23 Mutual assistance between SOCA and law enforcement agencies: voluntary
arrangements
24 Mutual assistance between SOCA and law enforcement agencies: directed
arrangements
25 Directed arrangements: Scotland26 Use by SOCA of police premises etc.27 Regulations as to equipment
Liability for unlawful conduct
28 Liability of SOCA for acts of seconded staff etc.
29 Payment by SOCA of amounts in connection with unlawful conduc t of
employees etc.
30 Application of sections 28 and 29 to members of joint investi gation teams
31 Liability of special police forces and law enforcement agenci es for unlawful
conduct of SOCA staff
Use and disclosure of information
32 Use of information by SOCA
33 Disclosure of information by SOCA34 Disclosure of information to SOCA35 Restrictions on further disclosure
General duties of police etc.
36 General duty of police to pass information to SOCA
37 General duty of police etc. to assist SOCA
Prosecutions
38 Prosecution of offences investigated by SOCA
39 Directions as to reference of cases and proceedings to approp riate prosecutorSerious Organised Crime and Police Act 2005 (c. 15) vii
40 Functions of Director of Revenue and Customs Prosecutions as to persons
arrested for designated offence
Miscellaneous and supplementary
41 Directions
42 Interpretation of Chapter 1
CHAPTER  2
SOCA: SPECIAL  POWERS  OF DESIGNATED  STAFF
Designations
43 Designation of SOCA staff as persons having powers of constab le etc.
44 Delegation of power to designate45 Modification or withdrawal of designations
Powers exercisable
46 Person having powers of a constable
47 Person having powers of constable: Scotland and Northern Irel and
48 Person having customs powers49 Person having powers of an immigration officer
Exercise of powers
50 Designations: supplementary
51 Assaults, obstruction or deception in connection with designa tions
Supplementary
52 Modification of enactments
53 Employment provisions54 Interpretation of Chapter 2
C
HAPTER  3
SOCA: M ISCELLANEOUS  AND  SUPPLEMENTARY
Complaints and misconduct
55 Complaints and misconduct
Application of discrimination legislation
56 Application of discrimination legislation to SOCA seconded st aff
Joint investigation teams
57 Assaults or obstruction in connection with joint investigatio n teamsSerious Organised Crime and Police Act 2005 (c. 15) viii
Transfers
58 Transfers to SOCA
Amendments
59 Minor and consequential amendments relating to SOCA
PART 2
INVESTIGATIONS , PROSECUTIONS , PROCEEDINGS  AND  PROCEEDS  OF CRIME
CHAPTER  1
INVESTIGATORY  POWERS  OF DPP, ETC.
Introductory
60 Investigatory powers of DPP etc.
61 Offences to which this Chapter applies
Disclosure notices
62 Disclosure notices
63 Production of documents64 Restrictions on requiring information etc.65 Restrictions on use of statements
Enforcement
66 Power to enter and seize documents
67 Offences in connection with disclosure notices or search warr ants
Supplementary
68 Procedure applicable to search warrants
69 Manner in which disclosure notice may be given70 Interpretation of Chapter 1
C
HAPTER  2
OFFENDERS  ASSISTING  INVESTIGATIONS  AND  PROSECUTIONS
71 Assistance by offender: immunity from prosecution
72 Assistance by offender: undertakings as to use of evidence73 Assistance by defendant: reduction in sentence74 Assistance by defendant: review of sentence75 Proceedings under section 74: exclusion of public
C
HAPTER  3
FINANCIAL  REPORTING  ORDERS
76 Financial reporting orders: making
77 Financial reporting orders: making in ScotlandSerious Organised Crime and Police Act 2005 (c. 15) ix
78 Financial reporting orders: making in Northern Ireland
79 Financial reporting orders: effect80 Financial reporting orders: variation and revocation81 Financial reporting orders: verification and disclosure
C
HAPTER  4
PROTECTION  OF WITNESSES  AND  OTHER  PERSONS
82 Protection of persons involved in investigations or proceedin gs
83 Joint arrangements84 Transfer of responsibility to other protection provider85 Duty to assist protection providers86 Offence of disclosing information about protection arrangemen ts
87 Defences to liability under section 8688 Offences of disclosing information relating to persons assumi ng new identity
89 Defences to liability under section 8890 Protection from liability91 Transitional provision92 Transitional provision: supplemental93 Provision of information94 Interpretation of Chapter 4
C
HAPTER  5
INTERNATIONAL  OBLIGATIONS
95 Enforcement of overseas forfeiture orders
96 Mutual assistance in freezing property or evidence
CHAPTER  6
PROCEEDS  OF CRIME
97 Confiscation orders by magistrates’ courts
98 Civil recovery: freezing orders99 Civil recovery: interim receivers’ expenses etc.
100 Detention of seized cash: meaning of “48 hours”101 Appeal in proceedings for forfeiture of cash102 Money laundering: defence where overseas conduct is legal un der local law
103 Money laundering: threshold amounts104 Money laundering: disclosures to identify persons and proper ty
105 Money laundering: form and manner of disclosures106 Money laundering: miscellaneous amendments107 Money laundering offences108 International co-operation109 Minor and consequential amendments relating to Chapter 6Serious Organised Crime and Police Act 2005 (c. 15) x
PART 3
POLICE  POWERS  ETC.
Powers of arrest
110 Powers of arrest
111 Powers of arrest: supplementary
Exclusion zones
112 Power to direct a person to leave a place
Search warrants
113 Search warrants: premises
114 Search warrants: other amendments
Fireworks
115 Power to stop and search for prohibited fireworks
Photographing of suspects etc.
116 Photographing of suspects etc.
Fingerprints and footwear impressions
117 Fingerprints
118 Impressions of footwear
Intimate samples
119 Intimate samples
Custody officers
120 Staff custody officers: designation
121 Custody officers: amendments to PACE
Designated and accredited persons
122 Powers of designated and accredited persons
Provision of information for use by police staff
123 Provision of information for use by police staff
Interpretation of Part 3
124 Interpretation of Part 3Serious Organised Crime and Police Act 2005 (c. 15) xi
PART 4
PUBLIC  ORDER  AND  CONDUCT  IN PUBLIC  PLACES  ETC.
Harassment
125 Harassment intended to deter lawful activities
126 Harassment etc. of a person in his home127 Harassment etc: police direction to stay away from person’s home
Trespass on designated site
128 Offence of trespassing on designated site
129 Corresponding Scottish offence130 Designated sites: powers of arrest131 Designated sites: access
Demonstrations in vicinity of Parliament
132 Demonstrating without authorisation in designated area
133 Notice of demonstrations in designated area134 Authorisation of demonstrations in designated area135 Supplementary directions136 Offences under sections 132 to 135: penalties137 Loudspeakers in designated area138 The designated area
Anti-social behaviour
139 Orders about anti-social behaviour etc.
140 Variation and discharge of anti-social behaviour orders made  on conviction
141 Anti-social behaviour orders etc: reporting restrictions142 Contracting out of local authority functions relating to ant i-social behaviour
orders
143 Special measures for witnesses in proceedings for anti-socia l behaviour
orders etc.
Parental compensation orders
144 Parental compensation orders
P
ART 5
MISCELLANEOUS
Protection of activities of certain organisations
145 Interference with contractual relationships so as to harm an imal research
organisation
146 Intimidation of persons connected with animal research organ isation
147 Penalty for offences under sections 145 and 146148 Animal research organisations149 Extension of sections 145 to 147Serious Organised Crime and Police Act 2005 (c. 15) xii
Vehicle registration and insurance and road traffic offences
150 Offence in respect of incorrectly registered vehicles
151 Power of constables etc. to require production of registrati on documents in
respect of a vehicle
152 Power to seize etc. vehicles driven without licence or insur ance
153 Disclosure of information about insurance status of vehicles154 Power to require specimens of breath at roadside or at hospi tal etc.
155 Payments by Secretary of State to police authorities in rela tion to the
prevention, detection and enforcement of certain traffic offenc es
156 Payments by Scottish Ministers to police authorities etc. in  relation to the
prevention, detection and enforcement of certain traffic offenc es
Local policing information
157 Publication of local policing information
Other miscellaneous police matters
158 Responsibilities in relation to the health and safety etc. o f police
159 Investigations: accelerated procedure in special cases160 Investigations: deaths and serious injuries during or after contact with the
police
Royal Parks etc.
161 Abolition of Royal Parks Constabulary
162 Regulation of specified parks
Criminal record checks
163 Criminal record certificates
164 Criminal records checks: verification of identity165 Certain references to police forces166 Further amendments to Police Act 1997 as it applies to Scotl and
167 Part 5 of the Police Act 1997: Northern Ireland168 Part 5 of the Police Act 1997: Channel Islands and Isle of M an
Witness summonses
169 Powers of Crown Court and Magistrates’ Court to issue witnes s summons
170 Powers of courts-martial etc. to issue warrants of arrest in  respect of witnesses
Private Security Industry Act 2001: Scotland
171 Private Security Industry Act 2001: Scottish extent
P
ART 6
FINAL  PROVISIONS
172 Orders and regulations
173 Supplementary, incidental, consequential etc. provision174 Minor and consequential amendments, repeals and revocations175 Penalties for offences: transitional modification for Englan d and WalesSerious Organised Crime and Police Act 2005 (c. 15) xiii
176 Expenses
177 Interpretation178 Commencement179 Short title and extent
Schedule 1 — The Serious Organised Crime Agency 
Part 1 — The Board of SOCAPart 2 — Director General and other staffPart 3 — Committees, procedure etc.Part 4 — General
Schedule 2 — Functions of Independent Police Complaints Commissio n in
relation to SOCA
Schedule 3 — Transfers to SOCASchedule 4 — Minor and consequential amendments relating to SOCASchedule 5 — Persons specified for the purposes of section 82Schedule 6 — Minor and consequential amendments relating to Chapt er 6 of
Part 2
Schedule 7 — Powers of Arrest: supplementary
Part 1 — Specific repealsPart 2 — General repealPart 3 — Amendments relating to references to arrestable offences  and
serious arrestable offences
Part 4 — Other amendments
Schedule 8 — Powers of designated and accredited persons
Part 1 — Designated personsPart 2 — Accredited persons
Schedule 9 — Additional powers and duties of designated persons
Schedule 10 — Parental compensation orders
Part 1 — England and WalesPart 2 — Northern Ireland
Schedule 11 — Investigations into conduct of police officers: acc elerated
procedure in special cases
Schedule 12 — Investigations of deaths and serious injuries durin g or after
contact with the police
Schedule 13 — Abolition of Royal Parks Constabulary: supplementar y
Part 1 — Transfers to Metropolitan Police AuthorityPart 2 — Amendments
Schedule 14 — Amendments of Part 5 of Police Act 1997Schedule 15 — Private Security Industry Act 2001: Scottish extentSchedule 16 — Remaining minor and consequential amendments (searc h
warrants)
Schedule 17 — Repeals and revocations
Part 1 — Repeals coming into force on Royal AssentPart 2 — Other repeals and revocationsELIZABETH II c. 15
Serious Organised Crime and Police 
Act 2005
2005 CHAPTER 15
An Act to provide for the establishment and functions of the Se rious Organised Crime Agency;
to make provision about investigations, prosecutions, offenders  and witnesses in criminal
proceedings and the protection of persons involved in investiga tions or proceedings; to provide
for the implementation of certain international obligations rel ating to criminal matters; to amend
the Proceeds of Crime Act 2002; to make further provision for c ombatting crime and disorder,
including new provision about powers of arrest and search warra nts and about parental
compensation orders; to make further provision about the police  and policing and persons
supporting the police; to make provision for protecting certain  organisations from interference
with their activities; to make provision about criminal records ; to provide for the Private
Security Industry Act 2001 to extend to Scotland; and for conne cted purposes. [7th April 2005]
E 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 th is present
Parliament assembled, and by the authority of the same, as foll ows:— 
PART 1
THE SERIOUS  ORGANISED  CRIME  AGENCY
CHAPTER  1
SOCA: ESTABLISHMENT  AND  ACTIVITIES
Establishment of SOCA
1 Establishment of Serious Organised Crime Agency 
(1) There shall be a body corporate to be known as the Serious O rganised Crime
Agency (“SOCA”).BSerious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities2
(2) Schedule 1 makes provision about the constitution, members a nd staff of
SOCA and other matters relating to it.
(3) Each of the following bodies shall cease to exist on such da te as the Secretary
of State appoints by order—
(a) the National Criminal Intelligence Service and its Service A uthority,
and
(b) the National Crime Squad and its Service Authority.
Functions
2 Functions of SOCA as to serious organised crime
(1) SOCA has the functions of—
(a) preventing and detecting serious organised crime, and
(b) contributing to the reduction of such crime in other ways an d to the
mitigation of its consequences.
(2) SOCA’s functions under subsection (1) are exercisable subjec t to subsections
(3) to (5) (but subsection (3) does not apply to Scotland).
(3) If, in exercising its function under subsection (1)(a), SOCA  becomes aware of
conduct appearing to SOCA to involve serious or complex fraud, SOCA may
thereafter exercise that function in relation to the fraud in q uestion only—
(a) with the agreement of the Director, or an authorised officer , of the
Serious Fraud Office, or
(b) if the Serious Fraud Office declines to act in relation to i t.
(4) If, in exercising its function under subsection (1)(a), SOCA  becomes aware of
conduct appearing to SOCA to involve revenue fraud, SOCA may th ereafter
exercise that function in relation to the fraud in question onl y with the
agreement of the Commissioners.
(5) Before exercising its function under subsection (1)(b) in an y way in relation to
revenue fraud, SOCA must consult the Commissioners.
(6) The issue of whether SOCA’s function under subsection (1)(a)  continued to be
exercisable in any circumstances within subsection (3) or (4) m ay not be raised
in any criminal proceedings.
(7) In this section “revenue fraud” includes fraud relating to t axes, duties and
national insurance contributions.
(8) In this Chapter “the Commissioners” means the Commissioners for Her
Majesty’s Revenue and Customs.
3 Functions of SOCA as to information relating to crime
(1) SOCA has the function of gathering, storing, analysing and d isseminating
information relevant to—
(a) the prevention, detection, investigation or prosecution of o ffences, or
(b) the reduction of crime in other ways or the mitigation of it s
consequences.
(2) SOCA may disseminate such information to—
(a) police forces within subsection (3), Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities3
(b) special police forces,
(c) law enforcement agencies, or
(d) such other persons as it considers appropriate in connection  with any
of the matters mentioned in subsection (1)(a) or (b).
(3) The police forces within this subsection are—
(a) police forces in the United Kingdom, and
(b) the States of Jersey Police Force, the salaried police force  of the Island
of Guernsey and the Isle of Man Constabulary.
(4) In this section “law enforcement agency” means—
(a) the Commissioners or any other government department,
(b) the Scottish Administration,
(c) any other person who is charged with the duty of investigati ng offences
or charging offenders, or 
(d) any other person who is engaged outside the United Kingdom i n the
carrying on of activities similar to any carried on by SOCA or a police
force.
(5) In this Chapter “special police force” means—
(a) the Ministry of Defence Police,
(b) the British Transport Police Force,
(c) the Civil Nuclear Constabulary, or 
(d) the Scottish Drug Enforcement Agency.
4 Exercise of functions: general considerations
(1) In exercising its functions SOCA must have regard to the mat ters mentioned in
subsection (2).
(2) The matters are—
(a) SOCA’s current annual plan under section 6 together with any
priorities determined by SOCA under that section that are speci fied in
the plan,
(b) any current strategic priorities determined by the Secretary  of State
under section 9, and
(c) any current performance targets established by SOCA.
(3) In exercising any function to which a code of practice under  section 10 relates,
SOCA must have regard to the code.
General powers
5SO C A ’ s  g e n e r a l  p o w e r s
(1) SOCA has the general powers conferred by this section.
(2) SOCA may—
(a) institute criminal proceedings in England and Wales or North ern
Ireland;
(b) at the request of the chief officer of a police force within  section 3(3) or
of a special police force, act in support of any activities of that force;Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities4
(c) at the request of any law enforcement agency, act in support  of any
activities of that agency;
(d) enter into other arrangements for co-operating with bodies o r persons
(in the United Kingdom or elsewhere) which it considers appropr iate
in connection with the exercise of any of SOCA’s functions unde r
section 2 or 3 or any activities within subsection (3).
(3) Despite the references to serious organised crime in section  2(1), SOCA may
carry on activities in relation to other crime if they are carr ied on for the
purposes of any of the functions conferred on SOCA by section 2  or 3.
(4) Subsection (3) does not affect the generality of section 3(1 ).
(5) SOCA may furnish such assistance as it considers appropriate  in response to
requests made by any government or other body exercising functi ons of a
public nature in any country or territory outside the United Ki ngdom.
(6) Subsection (5) does not apply to any request for assistance which—
(a) could be made under section 13 of the Crime (International C o-
operation) Act 2003 (c. 32) (requests by overseas authorities to  obtain
evidence), and
(b) is not a request in relation to which SOCA has functions und er that
section by virtue of an order under section 27(2) of that Act.
(7) In this section “law enforcement agency” has the meaning giv en by section 3(4).
Annual plans and reports
6 Annual plans
(1) Before the beginning of each financial year SOCA must issue a plan setting out
how SOCA intends to exercise its functions during that year (“t he annual
plan”).
(2) The annual plan must (in particular) set out how SOCA intend s to exercise its
functions in Scotland and in Northern Ireland.
(3) The annual plan must also include a statement of—
(a) any priorities which SOCA has determined for that year,
(b) any current strategic priorities determined by the Secretary  of State
under section 9,
(c) any current performance targets established by SOCA, and
(d) the financial resources that are expected to be available to  SOCA for
that year.
(4) Any priorities within subsection (3)(a) may relate—
(a) to matters to which strategic priorities determined under se ction 9 also
relate, or
(b) to other matters,
but in any event must be so framed as to be consistent with str ategic priorities
determined under that section.
(5) The annual plan must state, in relation to each priority wit hin subsection (3)(a)
or (b), how SOCA intends to give effect to that priority.Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities5
(6) SOCA must arrange for the annual plan to be published in suc h manner as it
considers appropriate.
(7) SOCA must send a copy of the annual plan to—
(a) the Secretary of State,
(b) the Scottish Ministers,
(c) the Commissioners,
(d) each police authority for an area in Great Britain, each joi nt police board
and the Northern Ireland Policing Board,
(e) the chief officer of each police force in the United Kingdom , and
(f) such other persons as SOCA considers appropriate.
(8) In subsection (7)(d) the reference to a police authority for  an area in Great
Britain does not include a constituent authority in an amalgama tion scheme
approved under section 19(1) of the Police (Scotland) Act 1967 (c. 77).
(9) Before issuing its annual plan for any financial year, SOCA must—
(a) consult the Scottish Ministers and agree with them what prov ision the
plan is to make for Scotland by virtue of subsection (2); and
(b) consult such other persons as it considers appropriate.
7 Annual reports
(1) As soon as possible after the end of each financial year SOC A must issue a
report on the exercise of its functions during that year (an “a nnual report”).
(2) The annual report must include an assessment of the extent t o which the
annual plan for that year under section 6 has been carried out.
(3) SOCA must arrange for the annual report to be published in s uch manner as it
considers appropriate.
(4) SOCA must send a copy of the annual report to—
(a) the Secretary of State,
(b) the Scottish Ministers,
(c) the Commissioners,
(d) each police authority for an area in Great Britain, each joi nt police board
and the Northern Ireland Policing Board,
(e) the chief officer of each police force in the United Kingdom , and
(f) such other persons as SOCA considers appropriate.
(5) In subsection (4)(d) the reference to a police authority for  an area in Great
Britain does not include a constituent authority in an amalgama tion scheme
approved under section 19(1) of the Police (Scotland) Act 1967.
(6) The Secretary of State must lay a copy of the annual report before Parliament.
(7) The Scottish Ministers must lay a copy of the annual report before the Scottish
Parliament.Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities6
Central supervision and direction
8 General duty of Secretary of State and Scottish Ministers
The Secretary of State and the Scottish Ministers must exercise  the powers
respectively conferred on him and them under this Chapter in su ch manner
and to such extent as appear to him and them to be best calcula ted to promote
the efficiency and effectiveness of SOCA.
9 Strategic priorities
(1) The Secretary of State may determine strategic priorities fo r SOCA.
(2) Before determining any such priorities the Secretary of Stat e must consult—
(a) SOCA,
(b) the Scottish Ministers, and
(c) such other persons as he considers appropriate.
(3) The Secretary of State must arrange for any priorities deter mined under this
section to be published in such manner as he considers appropri ate.
10 Codes of practice
(1) The Secretary of State may issue codes of practice relating to the exercise by
SOCA of any of its functions.
(2) The Secretary of State may from time to time revise the whol e or any part of a
code of practice issued under this section.
(3) Before issuing or revising a code of practice issued under t his section the
Secretary of State must consult—
(a) SOCA,
(b) the Scottish Ministers, and
(c) such other persons as he considers appropriate.
(4) The Secretary of State must lay before Parliament—
(a) any code of practice issued under this section, and
(b) any revisions of such a code.
(5) The Secretary of State—
(a) is not required by subsection (4) to lay before Parliament, or
(b) may exclude from what he does lay before Parliament,
anything to which subsection (6) applies.
(6) This subsection applies to anything the publication of which , in the opinion of
the Secretary of State—
(a) would be against the interests of national security, or
(b) could prejudice the prevention or detection of crime or the
apprehension or prosecution of offenders, or
(c) could jeopardise the safety of any person.
(7) The Secretary of State must provide the Scottish Ministers w ith a copy of— 
(a) any code of practice issued under this section, or
(b) any revisions of such a code.Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities7
11 Reports to Secretary of State
(1) The Secretary of State may require SOCA to submit a report t o him on such
matters—
(a) connected with the exercise of SOCA’s functions, or
(b) otherwise connected with any of SOCA’s activities,
as may be specified in the requirement.
(2) A report submitted under subsection (1) must be in such form  as may be so
specified.
(3) The Secretary of State must consult the Scottish Ministers b efore imposing any
requirement under that subsection relating to any functions or activities of
SOCA—
(a) exercised or carried out in Scotland, or
(b) exercised or carried out outside, but in relation to, Scotla nd.
(4) The Secretary of State may—
(a) arrange, or
(b) require SOCA to arrange,
for a report under this section to be published in such manner as he considers
appropriate.
(5) But the Secretary of State may exclude any part of a report from publication
under subsection (4) if, in his opinion, publication of that pa rt—
(a) would be against the interests of national security, or
(b) could prejudice the prevention or detection of crime or the
apprehension or prosecution of offenders, or
(c) could jeopardise the safety of any person.
12 Power to direct submission of action plan
(1) This section applies where an inspection report made to the Secretary of State
states—
(a) that, in the opinion of the person making the report, the wh ole or any
p a r t  o f  S O C A  i s  ( w h e t h e r  g e n e r a l l y  o r  i n  p a r t i c u l a r  r e s p e c t s )  n ot
efficient or not effective; or
(b) that, in that person’s opinion, the whole or part of SOCA wi ll cease to
be efficient or effective (whether generally or in particular r espects)
unless remedial measures are taken.
(2) If the Secretary of State considers that remedial measures a re required in
relation to any matters identified by the report, he may direct  SOCA— 
(a) to submit an action plan to him, and
(b) to do so within such period as is specified in the direction  (which must
be a period ending not less than 4, and not more than 12, weeks  after
the direction is given).
(3) An “action plan” is a plan setting out the remedial measures  which SOCA
proposes to take in relation to the matters in respect of which  the direction is
given.
(4) The provision that a direction under this section may requir e to be included in
an action plan includes—Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities8
(a) provision setting out the steps that SOCA proposes should be  taken in
respect of the matters in respect of which the direction is giv en, and the
performance targets that SOCA proposes should be met;
(b) provision setting out SOCA’s proposals as to the times withi n which
those steps are to be taken and those targets met, and the mean s by
which the success of the plan’s implementation is to be measure d;
(c) provision for the making of progress reports to the Secretar y of State
about the plan’s implementation;
( d ) p r o v i s i o n  a s  t o  t h e  t i m e s  a t  w h i c h ,  a n d  t h e  m a n n e r  i n  w h i c h ,  a n y
progress report is to be made; and
(e) provision for the duration of the plan and for it to cease t o apply in
circumstances determined by the Secretary of State.
(5) But nothing in this section authorises the Secretary of Stat e to direct the
inclusion in an action plan of any requirement to do or not to do anything—
(a) in a particular case identified for the purposes of the requ irement, or
(b) in relation to a particular person so identified.
(6) The Secretary of State must consult the Scottish Ministers b efore giving any
direction under this section in connection with any functions o r activities of
SOCA—
(a) exercised or carried out in Scotland, or
(b) exercised or carried out outside, but in relation to, Scotla nd.
(7) In this section “an inspection report” means a report under section 16.
(8) If this section applies at a time when there is already an a ction plan in force— 
(a) references in this section to the submission of an action pl an to the
Secretary of State include references to the submission of revi sions of
the existing plan, and
(b) the other provisions of this section have effect accordingly .
13 Revision of inadequate action plan
(1) This section applies where the Secretary of State is of the opinion that any
remedial measures contained in an action plan submitted to him under section
12 are inadequate.
(2) The Secretary of State may notify SOCA of that opinion and o f his reasons for it.
(3) The Secretary of State must consult the Scottish Ministers b efore forming an
opinion for the purposes of subsection (1) as to any remedial m easures
proposed in connection with any functions or activities of SOCA —
(a) exercised or carried out in Scotland, or
(b) exercised or carried out outside, but in relation to, Scotla nd.
(4) If SOCA receives a notification under subsection (2)—
(a) it must consider whether to revise the plan in the light of the matters
notified to it, and
(b) if it does revise the plan, it must send a copy of the revis ed plan to the
Secretary of State.
(5) References in this section to an action plan submitted to th e Secretary of State
under section 12 include references to revisions submitted to h im by virtue of
subsection (8) of that section.Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities9
14 Procedure for giving directions under section 12
(1) The Secretary of State may not give a direction under sectio n 12 unless the
conditions in subsection (2) are satisfied.
(2) The conditions are—
(a) SOCA must have been given such information about the Secreta ry of
State’s grounds for proposing to give the direction as he consi ders
appropriate for enabling it to make representations or proposal s under
paragraphs (b) and (c) below;
(b) SOCA must have been given an opportunity of making represent ations
about those grounds;
(c) SOCA must have had an opportunity of making proposals for th e
taking of remedial measures that would make it unnecessary to g ive
the direction; and
(d) the Secretary of State must have considered any such represe ntations
and any such proposals.
15 Reports relating to directions under section 12
(1) This section applies where the Secretary of State exercises his power to give a
direction under section 12.
(2) The Secretary of State must prepare a report on his exercise  of that power.
(3) A report under subsection (2)—
(a) is to be prepared at such time as the Secretary of State con siders
appropriate, and
(b) may relate to more than one exercise of the power.
(4) The Secretary of State must—
( a ) l a y  b e f o r e  e a c h  H o u s e  o f  P a r l i a m e n t  a  c o p y  o f  a n y  r e p o r t  p r e pared
under subsection (2), and
(b) send a copy of any such report to the Scottish Ministers.
(5) The Scottish Ministers must lay before the Scottish Parliame nt any copy of a
report sent to them under subsection (4).
16 Inspections
(1) Her Majesty’s Inspectors of Constabulary (“HMIC”) must inspe ct SOCA from
time to time.
(2) HMIC must also inspect SOCA if requested to do so by the Sec retary of State
either—
(a) generally, or
(b) in respect of a particular matter.
(3) Before requesting an inspection that would fall to be carrie d out wholly or
partly in Scotland, the Secretary of State must consult the Sco ttish Ministers.
(4) Any inspection under this section must be carried out jointl y by HMIC and the
Scottish inspectors—
(a) if it is carried out wholly in Scotland, or
(b) in a case where it is carried out partly in Scotland, to the  extent that it is
carried out there.Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities10
(5) Following an inspection under this section, HMIC must report  to the Secretary
of State on the efficiency and effectiveness of SOCA either—
(a) generally, or
(b) in the case of an inspection under subsection (2)(b), in res pect of the
matter to which the inspection related.
(6) A report under subsection (5) must be in such form as the Se cretary of State
may direct.
(7) The Secretary of State must arrange for every report which h e receives under
subsection (5) to be published in such manner as he considers a ppropriate.
(8) The Secretary of State may exclude from publication under su bsection (7) any
part of a report if, in his opinion, the publication of that pa rt—
(a) would be against the interests of national security, or
(b) could prejudice the prevention or detection of crime or the
apprehension or prosecution of offenders, or
(c) might jeopardise the safety of any person.
(9) The Secretary of State must send a copy of the published rep ort—
(a) to SOCA, and
(b) if subsection (4) applied to the inspection, to the Scottish  Ministers.
(10) SOCA must—
(a) prepare comments on the published report, and
(b) arrange for its comments to be published in such manner as i t considers
appropriate.
( 1 1 ) S O C A  m u s t  s e n d  a  c o p y  o f  a n y  d o c u m e n t  p u b l i s h e d  u n d e r  s u b s e ction
(10)(b)—
(a) to the Secretary of State, and
(b) if subsection (4) applied to the inspection, to the Scottish  Ministers.
(12) The inspectors shall carry out such other duties for the pu rpose of furthering
the efficiency and effectiveness of SOCA as the Secretary of St ate may from
time to time direct.
(13) In this section “the Scottish inspectors” means the inspect ors of constabulary
appointed under section 33(1) of the Police (Scotland) Act 1967  (c. 77).
Financial provisions
17 Grants by Secretary of State
(1) The Secretary of State must make a grant to SOCA in respect of each of its
financial years.
(2) The grant in respect of a financial year is to be paid— 
(a) at such time, or
(b) in instalments of such amounts and at such times,
as the Secretary of State may determine (and any such time may fall within or
after that year).Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities11
18 Determinations relating to grants under section 17
(1) The Secretary of State must determine the amount of the gran t to be made
under section 17 in respect of each of SOCA’s financial years.
(2) But a determination under subsection (1) may, if the Secreta ry of State thinks
fit, specify a single amount in respect of two or more financia l years.
(3) A determination under that subsection may be varied by a sub sequent
determination.
(4) Where the Secretary of State makes any determination under s ubsection (1), he
must prepare a report—
(a) setting out the determination, and
(b) stating the considerations which he took into account in mak ing it.
(5) The Secretary of State must—
(a) send SOCA a copy of each report under subsection (4), and
(b) lay a copy of each such report before the House of Commons.
(6) In connection with the exercise of his functions under this section, the Secretary
of State may require SOCA—
(a) to provide him with such information as he may specify, and
(b) to do so within such period as he may specify.
19 Charges by SOCA and other receipts
(1) SOCA may make charges in respect of—
(a) the provision by SOCA of any goods or services to any person , or
(b) an agreement for the provision by SOCA of any such goods or services.
(2) Any charges made under subsection (1) may include amounts ca lculated by
reference to expenditure incurred, or expected to be incurred, by SOCA
otherwise than directly in connection with the provision of the  goods or
services concerned.
(3) Apart from—
(a) grants under section 17,
(b) sums received under section 30(6), and
(c) sums borrowed by SOCA under paragraph 21 of Schedule 1,
all sums received by SOCA in the course of, or in connection wi th, the exercise
of its functions must be paid to the Secretary of State.
(4) Subsection (3) does not apply where the Secretary of State s o directs.
(5) Any sums received by the Secretary of State under subsection  (3) must be paid
into the Consolidated Fund.
20 Accounts
(1) SOCA must—
(a) keep proper accounts and proper records in relation to the a ccounts;
and
(b) prepare a statement of accounts in respect of each financial  year.Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities12
(2) A statement of accounts under subsection (1) must be in such  form, and contain
such information, as the Secretary of State may direct.
(3) SOCA must send copies of the statement of accounts for a fin ancial year—
(a) to the Secretary of State, and
(b) to the Comptroller and Auditor General,
within such period following the end of the financial year as t he Secretary of
State may specify.
(4) The Comptroller and Auditor General must—
(a) examine, certify and report on the statement of accounts, an d
(b) lay copies of the statement and of his report before each Ho use of
Parliament.
Operational matters
21 Operational responsibility of Director General
(1) The Director General of SOCA has the function of exercising general
operational control in relation to the activities carried out i n the exercise of
SOCA’s functions.
(2) This function includes deciding— 
(a) which particular operations are to be mounted in the exercis e of any of
those functions, and
(b) how such operations are to be conducted.
22 Activities in Scotland in relation to crime
(1) SOCA may only carry out activities in Scotland in relation t o an offence which
it suspects has been committed (or is being committed) if it do es so with the
agreement of the Lord Advocate.
(2) In carrying out any such activities in Scotland SOCA must co mply with such
directions (whether general or special) as it may receive from the Lord
Advocate or from the procurator fiscal.
(3) If it suspects that an offence has been committed (or is bei ng committed) in
Scotland, SOCA must report the matter to the procurator fiscal as soon as is
practicable.
23 Mutual assistance between SOCA and law enforcement agencies: voluntary 
arrangements
(1) Subsection (2) applies if—
(a) the chief officer of a police force in the British Islands o r of a special
police force, or
(b) a law enforcement agency operating in the British Islands,
notifies the Director General of SOCA that that force or agency  has a special
need for assistance from SOCA and requests the Director General  of SOCA to
provide it with such assistance.
(2) In such a case the Director General of SOCA may provide that  force or agency
with—Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities13
(a) such members of the staff of SOCA, or
(b) such other assistance,
as the Director General of SOCA considers appropriate in the ci rcumstances.
(3) Subsection (4) applies if the Director General of SOCA notif ies—
(a) the chief officer of a police force in the United Kingdom or  of a special
police force, or
(b) a law enforcement agency operating in the United Kingdom,
that SOCA has a special need for assistance from that force or agency and
requests it to provide SOCA with such assistance.
(4) In such a case the chief officer of that force or the agency  in question may
provide SOCA with—
(a) such constables or members of the staff of the agency, or
(b) such other assistance,
as the chief officer or the agency considers appropriate in the  circumstances.
(5) But before the Scottish Drug Enforcement Agency provides any  constable
under subsection (4), its Director must obtain the agreement of  the chief
constable of the police force from which the constable is secon ded to the
Agency.
(6) Where a member of the staff of SOCA is provided under this s ection for the
assistance of a police force, a special police force or a law e nforcement agency,
he shall be under the direction and control of the chief office r of the force or the
head of the agency (as the case may be).
(7) Where—
(a) a constable,
(b) a member of the staff of the Scottish Drug Enforcement Agenc y, or
(c) a member of the staff of a law enforcement agency,
is provided under this section for the assistance of SOCA, he s hall be under the
direction and control of the Director General of SOCA (despite anything in, or
in any agreement made under, any other enactment).
(8) Where SOCA provides assistance under this section for—
(a) a police force in the United Kingdom or a special police for ce, or
(b) a law enforcement agency operating in the United Kingdom,
the relevant police authority or (as the case may be) that agen cy must pay to
SOCA such contribution, if any, as may be agreed between them o r, in the
absence of agreement, as may be determined by the Secretary of State.
(9) Where SOCA is provided with assistance under this section by —
(a) a police force in the United Kingdom or a special police for ce, or
(b) a law enforcement agency operating in the United Kingdom,
SOCA must pay to the relevant police authority or (as the case may be) that
agency such contribution, if any, as may be agreed between them  or, in the
absence of agreement, as may be determined by the Secretary of State.
(10) If the assistance mentioned in subsection (8) or (9) is pro vided for or (as the case
may be) by—
(a) a police force in Scotland,
(b) the Scottish Drug Enforcement Agency, or
(c) the Scottish Administration,Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities14
the Secretary of State must, before making a determination unde r the
subsection in question, consult the Scottish Ministers.
(11) In this section—
“law enforcement agency” has the meaning given by section 3(4) (subject
to any territorial restrictions contained in this section);
“police force”, in relation to the British Islands, includes th e States of
Jersey Police Force, the salaried police force of the Island of  Guernsey
and the Isle of Man Constabulary;
“relevant police authority” means—
(a) in relation to a police force in Great Britain, the police a uthority
maintaining that force (or, in the case of a police force for acombined area, the joint police board for that area),
(b) in relation to the Police Service of Northern Ireland or the  Police
Service of Northern Ireland Reserve, the Northern IrelandPolicing Board, 
(c) in relation to the Ministry of Defence Police, the Secretary  of
State,
(d) in relation to the British Transport Police Force, the Briti sh
Transport Police Authority,
(e) in relation to the Civil Nuclear Constabulary, the Civil Nuc lear
Police Authority, and
(f) in relation to the Scottish Drug Enforcement Agency, the
Agency itself.
24 Mutual assistance between SOCA and law enforcement agencies: directed 
arrangements
(1) This section applies where it appears to the Secretary of St ate—
(a) that a body within subsection (2) has a special need for ass istance from
SOCA or SOCA has a special need for assistance from a body with in
that subsection,
(b) that it is expedient for such assistance to be provided by S OCA or (as
the case may be) the body, and
(c) that satisfactory arrangements cannot be made, or cannot be made in
time, under section 23.
(2) The bodies within this subsection are—
(a) any police force in England and Wales or Northern Ireland, 
(b) any special police force other than the Scottish Drug Enforc ement
Agency, and
(c) any law enforcement agency operating in the United Kingdom o ther
than the Scottish Administration.
(3) In a case where this section applies the Secretary of State may (as
appropriate)—
(a) direct the chief officer of the police force to provide such  constables or
other assistance for the purpose of meeting the need in questio n as may
be specified in the direction;
(b) direct the chief officer of the special police force to prov ide such
constables or other persons, or such other assistance, for the purpose of
meeting the need in question as may be so specified;Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities15
(c) direct the head of the law enforcement agency to provide suc h
members of the staff of that agency or other assistance for the  purpose
of meeting the need in question as may be so specified;
(d) direct the Director General of SOCA to provide such members of the
staff of SOCA or other assistance for the purpose of meeting th e need
in question as may be so specified.
(4) A direction under subsection (3) requires the consent of the  Treasury if it is to
be given to the Commissioners.
(5) Subsections (6) to (9) of section 23 apply in relation to as sistance provided
under this section—
(a) by SOCA to a police force, a special police force or a law e nforcement
agency, or
(b) to SOCA by a police force, a special police force or a law e nforcement
agency,
as they apply in relation to assistance so provided under that section.
(6) In this section “law enforcement agency” has the meaning giv en by section 3(4)
(subject to the territorial restriction contained in subsection  (2) above).
25 Directed arrangements: Scotland
(1) This section applies where it appears to the Scottish Minist ers—
(a) that a body within subsection (2) has a special need for ass istance from
SOCA or SOCA has a special need for assistance from a body with in
that subsection,
(b) that it is expedient for such assistance to be provided by S OCA or (as
the case may be) the body, and
(c) that satisfactory arrangements cannot be made, or cannot be made in
time, under section 23.
(2) The bodies within this subsection are—
(a) any police force in Scotland, and
(b) the Scottish Drug Enforcement Agency.
(3) In a case where this section applies the Scottish Ministers may (as
appropriate)—
(a) direct the chief officer of the police force to provide such  constables or
other assistance for the purpose of meeting the need in questio n as may
be specified in the direction;
(b) direct the Director of the Scottish Drug Enforcement Agency to provide
such constables or other persons, or other assistance, for the purpose of
meeting the need in question as may be so specified;
(c) with the agreement of the Secretary of State, direct the Dir ector General
of SOCA to provide such members of the staff of SOCA or otherassistance for the purpose of meeting the need in question as m ay be so
specified.
(4) Subsections (6) to (10) of section 23 apply in relation to a ssistance provided
under this section—
(a) by SOCA to a police force in Scotland or to the Scottish Dru g
Enforcement Agency, or
( b ) t o  S O C A  b y  a  p o l i c e  f o r c e  i n  S c o t l a n d  o r  b y  t h e  S c o t t i s h  Dr u g
Enforcement Agency,Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities16
as they apply in relation to assistance so provided under that section.
26 Use by SOCA of police premises etc.
(1) Arrangements may be made between—
(a) SOCA, and
(b) the relevant police authority,
under which SOCA may use such premises, equipment or other mate rial,
facilities or services made available by a police force in Engl and and Wales or
Northern Ireland as are specified or described in the arrangeme nts.
(2) If it appears to the Secretary of State—
(a) that it is expedient for arrangements within subsection (1) to be made
between SOCA and the relevant police authority, and
(b) that satisfactory arrangements cannot be made, or cannot be made in
time, under that subsection,
he may direct SOCA and that authority to enter into such arrang ements within
that subsection as are specified in the direction.
(3) Before giving such a direction to SOCA or the relevant polic e authority the
Secretary of State must—
(a) notify that body that he is proposing to give the directions , and
(b) consider any representations made to him by that body.
(4) Any arrangements under this section may be varied or termina ted by
agreement between the parties.
(5) But arrangements entered into in pursuance of a direction un der subsection (2)
may not be so terminated without the consent of the Secretary o f State.
(6) Where any expenditure is incurred by the relevant police aut hority by virtue
of any arrangements under this section, SOCA must pay to the au thority such
contribution, if any, in respect of that expenditure—
(a) as may be agreed between them, or
(b) in the absence of agreement, as may be determined by the Sec retary of
State.
(7) In this section “relevant police authority” means—
(a) in relation to a police force in England and Wales, the poli ce authority
maintaining that force, and
(b) in relation to the Police Service of Northern Ireland or the  Police Service
of Northern Ireland Reserve, the Northern Ireland Policing Boar d.
27 Regulations as to equipment
(1) The Secretary of State may make regulations requiring equipm ent used by
SOCA to satisfy such requirements as to design and performance as may be
prescribed by the regulations.
(2) The Secretary of State may by regulations make any of the fo llowing kinds of
provision—
(a) provision requiring SOCA, when using equipment for the purpo ses
specified in the regulations, to use only—
(i) the equipment which is specified in the regulations,
(ii) equipment which is of a description so specified, orSerious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities17
(iii) equipment which is of a type approved by the Secretary of State
in accordance with the regulations;
(b) provision prohibiting SOCA from using equipment of a type ap proved
as mentioned in paragraph (a)(iii) except—
(i) where the conditions subject to which the approval was given
are satisfied, and
(ii) in accordance with the other terms of that approval;
(c) provision requiring equipment used by SOCA to comply with su ch
c o n d i t i o n s  a s  m a y  b e  s p e c i f i e d  i n  t h e  r e g u l a t i o n s ,  o r  a s  m a y  b eapproved by the Secretary of State in accordance with the regul ations;
(d) provision prohibiting SOCA from using equipment specified in  the
regulations, or any equipment of a description so specified.
(3) Before making regulations under this section Secretary of St ate must consult—
(a) SOCA, and
(b) such other persons as he considers appropriate.
(4) In this section “equipment” includes—
(a) vehicles, and
(b) headgear and protective and other clothing.
Liability for unlawful conduct
28 Liability of SOCA for acts of seconded staff etc.
(1) SOCA is liable in respect of unlawful conduct of persons to whom this section
applies in the carrying out, or the purported carrying out, of their functions as
such persons in the same manner as an employer is liable in res pect of any
unlawful conduct of his employees in the course of their employ ment.
(2) In the case of any such unlawful conduct of persons to whom this section
applies which is a tort, SOCA is accordingly to be treated as a  joint tortfeasor.
This subsection does not apply to Scotland.
(3) This section applies to—
(a) any constable or other person who has been seconded to SOCA to serve
as a member of its staff, and
(b) any constable or other person who has been provided for the assistance
of SOCA under section 23, 24 or 25.
29 Payment by SOCA of amounts in connection with unlawful conduc t of 
employees etc.
(1) SOCA may, in such cases and to such extent as appear to it t o be appropriate,
pay—
(a) any damages or costs awarded against a person to whom this s ection
applies in proceedings for any unlawful conduct of that person;
(b) any costs (or, in Scotland, expenses) incurred and not recov ered by
such a person in such proceedings, and
(c) any sum required in connection with the settlement of a clai m that has,
or might have, given rise to such proceedings.
(2) This section applies to—Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities18
(a) any person who is employed by SOCA,
(b) any constable or other person who has been seconded to SOCA to serve
as a member of its staff, and
(c) any constable or other person who has been provided for the assistance
of SOCA under section 23, 24 or 25.
30 Application of sections 28 and 29 to members of joint investi gation teams
(1) Subsection (2) applies where an international joint investig ation team has been
formed under the leadership of a member of SOCA’s staff.
(2) In such a case—
(a) section 28 has effect in relation to any member of that team  who is not
a member of SOCA’s staff as if any unlawful conduct in the carr ying
out, or purported carrying out, of his functions as a member of  the team
were unlawful conduct of a person to whom that section applies;  and
(b) section 29(1) has effect as if it applied to every member of  the team to
whom it would not apply apart from this subsection.
(3) Subsection (4) applies where a person (“the relevant person” ) is carrying out
surveillance under section 76A of the Regulation of Investigato ry Powers Act
2000 (c. 23) (foreign surveillance operations).
(4) In such a case—
(a) section 28 has effect as if any unlawful conduct of the rele vant person
in the course of carrying out the surveillance were unlawful co nduct of
a person to whom that section applies; and
(b) section 29(1) has effect as if it applied to the relevant pe rson.
(5) In this section “international joint investigation team” mea ns any investigation
team formed in accordance with—
(a) any framework decision on joint investigation teams adopted under
Article 34 of the Treaty on European Union;
(b) the Convention on Mutual Assistance in Criminal Matters betw een the
Member States of the European Union and the Protocol to thatConvention established in accordance with that Article of the T reaty; or
(c) any international agreement to which the United Kingdom is a  party
and which is specified in an order made by the Secretary of Sta te.
(6) Where—
(a) a sum is paid by SOCA by virtue of this section, and
(b) the Secretary of State receives under any international agre ement a sum
by way of reimbursement (in whole or in part) of the sum paid b y
SOCA,
he must pay to SOCA the sum received by him by way of reimburse ment.
31 Liability of special police forces and law enforcement agenci es for unlawful 
conduct of SOCA staff
(1) The relevant authority is liable in respect of unlawful cond uct of persons to
whom this section applies in the carrying out, or the purported  carrying out, of
their functions as such persons in the same manner as an employ er is liable in
respect of any unlawful conduct of his employees in the course of their
employment.Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities19
(2) In the case of any such unlawful conduct of persons to whom this section
applies which is a tort, the relevant authority is accordingly to be treated as a
joint tortfeasor.
This subsection does not apply to Scotland.
(3) In so far as a relevant authority does not already have powe r to do so it may,
in such cases and to such extent as appear to it to be appropri ate, pay—
(a) any damages or costs awarded against a person to whom this s ection
applies in proceedings for any unlawful conduct of that person,
(b) any costs (or, in Scotland, expenses) incurred and not recov ered by
such a person in such proceedings, and
(c) any sum required in connection with the settlement of a clai m that has,
or might have, given rise to such proceedings.
(4) This section applies to a member of the staff of SOCA who un der section 23, 24
or 25 is provided for the assistance of—
(a) a special police force, or
(b) a law enforcement agency operating in the United Kingdom.
(5) In this section—
“law enforcement agency” has the meaning given by section 3(4) (subject
to the territorial restriction contained in subsection (4)(b) a bove), and
“relevant authority”—
(a) in relation to a member of the staff of SOCA provided for th e
assistance of the Ministry of Defence Police, means theSecretary of State,
(b) in relation to a member of the staff of SOCA provided for th e
assistance of the British Transport Police Force, means theBritish Transport Police Authority,
(c) in relation to a member of the staff of SOCA provided for th e
assistance of the Civil Nuclear Constabulary, means the CivilNuclear Police Authority,
(d) in relation to a member of the staff of SOCA provided for th e
assistance of the Scottish Drug Enforcement Agency, meansthat Agency,
(e) in relation to a member of the staff of SOCA provided for th e
assistance of the Commissioners, means the Commissioners,
(f) in relation to a member of the staff of SOCA provided for th e
assistance of the Scottish Administration, means the ScottishMinisters, and
(g) in relation to a member of the staff of SOCA provided for th e
assistance of any other law enforcement agency, means suchperson as is prescribed in relation to that agency by regulatio ns
made by the Secretary of State.
Use and disclosure of information
32 Use of information by SOCA
Information obtained by SOCA in connection with the exercise of  any of its
functions may be used by SOCA in connection with the exercise o f any of its
other functions.Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities20
33 Disclosure of information by SOCA
(1) Information obtained by SOCA in connection with the exercise  of any of its
functions may be disclosed by SOCA if the disclosure is for any  permitted
purposes.
(2) “Permitted purposes” means the purposes of any of the follow ing—
(a) the prevention, detection, investigation or prosecution of c riminal
offences, whether in the United Kingdom or elsewhere;
(b) the prevention, detection or investigation of conduct for wh ich
penalties other than criminal penalties are provided under the law of
any part of the United Kingdom or of any country or territory o utside
the United Kingdom;
(c) the exercise of any function conferred on SOCA by section 2,  3 or 5 (so
far as not falling within paragraph (a) or (b));
(d) the exercise of any functions of any intelligence service wi thin the
meaning of the Regulation of Investigatory Powers Act 2000 (c. 2 3);
(e) the exercise of any functions under Part 2 of the Football S pectators Act
1989 (c. 37);
(f) the exercise of any function which appears to the Secretary of State to
be a function of a public nature and which he designates by ord er.
(3) A disclosure under this section does not breach—
(a) any obligation of confidence owed by the person making the
disclosure, or
(b) any other restriction on the disclosure of information (howe ver
imposed).
(4) But nothing in this section authorises—
(a) a disclosure, in contravention of any provisions of the Data  Protection
Act 1998 (c. 29), of personal data which are not exempt from tho se
provisions,
(b) a disclosure which is prohibited by Part 1 of the Regulation  o f
Investigatory Powers Act 2000, or
(c) a disclosure in contravention of section 35(2).
34 Disclosure of information to SOCA
(1) Any person may disclose information to SOCA if the disclosur e is made for the
purposes of the exercise by SOCA of any of its functions.
(2) A disclosure under this section does not breach—
(a) any obligation of confidence owed by the person making the
disclosure, or
(b) any other restriction on the disclosure of information (howe ver
imposed).
(3) But nothing in this section authorises—
(a) a disclosure, in contravention of any provisions of the Data  Protection
Act 1998, of personal data which are not exempt from those prov isions,
or
(b) a disclosure which is prohibited by Part 1 of the Regulation  o f
Investigatory Powers Act 2000.Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities21
(4) Information may not be disclosed under subsection (1) on beh alf of the
Commissioners unless the disclosure is authorised by the Commis sioners or by
an authorised officer of theirs.
35 Restrictions on further disclosure
(1) Information disclosed by SOCA under section 33 to any person  or body must
not be further disclosed except—
(a) for a purpose connected with any function of that person or body for
the purposes of which the information was disclosed by SOCA, orotherwise for any permitted purposes, and
(b) with the consent of SOCA.
(2) Information disclosed to SOCA under any enactment by the Com missioners or
a person acting on their behalf must not be further disclosed e xcept—
(a) for any permitted purposes, and
(b) with the consent of the Commissioners or an authorised offic er of
Revenue and Customs.
(3) Consent under subsection (1) or (2) may be given—
(a) in relation to a particular disclosure, or
(b) in relation to disclosures made in circumstances specified o r described
in the consent.
(4) In this section “permitted purposes” has the meaning given b y section 33(2).
General duties of police etc.
36 General duty of police to pass information to SOCA
(1) The chief officer of a police force in Great Britain must ke ep SOCA informed of
any information relating to crime in his police area that appea rs to him to be
likely to be relevant to the exercise by SOCA of any of its fun ctions.
(2) The Chief Constable of the Police Service of Northern Irelan d has a
corresponding duty in relation to crime in Northern Ireland.
(3) The chief officer of a special police force must keep SOCA i nformed of any
information relating to crime that he has become aware of in hi s capacity as
chief officer and appears to him to be likely to be relevant to  the exercise by
SOCA of any of its functions.
37 General duty of police etc. to assist SOCA
(1) It is the duty of every person to whom this section applies to assist SOCA in the
exercise of its functions in relation to serious organised crim e.
(2) This section applies to—
(a) any constable,
(b) any officer of Revenue and Customs, and
(c) any member of Her Majesty’s armed forces or Her Majesty’s
coastguard.Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities22
Prosecutions
38 Prosecution of offences investigated by SOCA
(1) The Director of Revenue and Customs Prosecutions—
(a) may institute and conduct criminal proceedings in England an d Wales
that arise out of a criminal investigation by SOCA relating to a
designated offence, and
(b) must take over the conduct of criminal proceedings institute d by SOCA
in England and Wales in respect of a designated offence.
(2) The Director of Revenue and Customs Prosecutions must provid e such advice
as he thinks appropriate, to such persons as he thinks appropri ate, in relation
to—
(a) a criminal investigation by SOCA relating to a designated of fence, or
(b) criminal proceedings instituted in England and Wales that ar ise out of
such an investigation.
(3) The Director of Public Prosecutions—
(a) may institute and conduct criminal proceedings in England an d Wales
that arise out of a criminal investigation by SOCA relating to a non-
designated offence, and
(b) must take over the conduct of criminal proceedings institute d by SOCA
in England and Wales in respect of such an offence.
But paragraph (b) does not apply where the Director of the Seri ous Fraud
Office has the conduct of the proceedings.
( 4 ) T h e  Di r e c t o r  o f  P u b l i c  P r o s e c u t i o n s  m u s t  p r o v i d e  s u c h  a d v i c e  as he thinks
appropriate, to such persons as he thinks appropriate, in relat ion to—
(a) a criminal investigation by SOCA relating to a non-designate d offence,
or
(b) criminal proceedings instituted in England and Wales that ar ise out of
such an investigation.
(5) Sections 23 and 23A of the Prosecution of Offences Act 1985 (c. 23) (power to
discontinue proceedings) apply (with any necessary modification s) to
proceedings conducted by the Director of Revenue and Customs Pr osecutions
in accordance with this section as they apply to proceedings co nducted by the
Director of Public Prosecutions.
(6) In the Commissioners for Revenue and Customs Act 2005 (c. 11 )—
(a) section 37(1) (prosecutors), and
(b) section 38(1) (conduct of prosecutions by appointed persons) ,
have effect as if the reference to section 35 of that Act inclu ded a reference to
this section.
(7) For the purposes of this section and section 39—
(a) “criminal investigation” means any process—
(i) for considering whether an offence has been committed,
(ii) for discovering by whom an offence has been committed, or
(iii) as a result of which an offence is alleged to have been
committed;
(b) an offence is a “designated offence” if criminal proceedings  instituted
by SOCA in respect of the offence fall (or, as the case may be,  wouldSerious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities23
fall) to be referred to the Director of Revenue and Customs
Prosecutions by virtue of directions under section 39(1);
(c) “non-designated offence” means an offence which is not a des ignated
offence;
(d) a reference to the institution of criminal proceedings is to  be construed
in accordance with section 15(2) of the Prosecution of Offences  Act 1985
(c. 23); and
(e) a reference to the institution of proceedings by SOCA includ es a
reference to their institution by the Director General of SOCA or a
person authorised by him.
39 Directions as to reference of cases and proceedings to approp riate prosecutor
(1) The Directors may give directions to SOCA—
(a) for enabling SOCA to determine whether cases arising out of criminal
investigations by SOCA are to be referred to the Director of Re venue
and Customs Prosecutions, or to the Director of Public Prosecut ions, in
order for him to consider whether to institute proceedings inaccordance with section 38(1)(a) or (3)(a);
(b) for enabling SOCA to determine whether criminal proceedings
instituted by SOCA are to be referred to the Director of Revenu e and
Customs Prosecutions, or to the Director of Public Prosecutions , in
order for him to take over their conduct in accordance with sec tion
38(1)(b) or (3)(b);
(c) specifying, in relation to any cases or proceedings that are  to be so
referred to the Director of Revenue and Customs Prosecutions or  the
Director of Public Prosecutions, the steps to be taken by SOCA in
connection with referring them to him.
(2) Directions under subsection (1) may provide for cases or pro ceedings to be
referred to one or other of the Directors by reference to—
(a) whether the cases or proceedings relate to an offence fallin g within a
category of offences specified in the directions; or
(b) whether any criteria so specified are satisfied with respect  to the cases
or proceedings; or
(c) such other matters as the Directors think fit.
(3) The Directors may from time to time revise any directions gi ven under this
section.
(4) The Directors must publish in such manner as they think fit—
(a) any directions given under this section, and
(b) any revisions made to such directions;
and they must give a copy of any such directions or revisions t o SOCA.
(5) A report to which this subsection applies must set out —
(a) any directions given under this section, and
(b) any revisions made to such directions,
in the year to which the report relates.
(6) Subsection (5) applies to—
(a) a report under section 9 of the Prosecution of Offences Act 1985 (c. 23)
(report to Attorney General by Director of Public Prosecutions) , and Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities24
(b) a report under paragraph 6 of Schedule 3 to the Commissioner s for
Revenue and Customs Act 2005 (c. 11) (report to Attorney Genera l by
Director of Revenue and Customs Prosecutions).
(7) Directions under this section may make different provision f or different cases,
circumstances or areas.
(8) If there is a failure to comply with directions under this s ection in relation to
the reference of any matter to one of the Directors, neither—
(a) the reference, nor
(b) anything subsequently done in connection with the matter,
is invalid by reason of anything in the directions or in sectio n 38.
(9) In this section “the Directors” means the Director of Public  Prosecutions and
the Director of Revenue and Customs Prosecutions, acting jointl y.
40 Functions of Director of Revenue and Customs Prosecutions as to persons 
arrested for designated offence
(1) Sections 37 to 37B of the Police and Criminal Evidence Act 1 984 (c. 60) (duties
of custody officers; guidance etc.) have effect, in relation to  a person arrested
following a criminal investigation by SOCA relating to a design ated offence, as
if references to the Director of Public Prosecutions were refer ences to the
Director of Revenue and Customs Prosecutions.
(2) In subsection (1) the reference to a designated offence is t o be read in
accordance with section 38(7)(b) of this Act.
Miscellaneous and supplementary
41 Directions
Any person to whom a direction is given by the Secretary of Sta te or the
Scottish Ministers under this Chapter must comply with the dire ction.
42 Interpretation of Chapter 1
(1) In this Chapter—
“chief officer” means—
(a) in relation to a police force in England and Wales, the chie f
officer of police, 
(b) in relation to a police force in Scotland, the chief constab le,
(c) in relation to the Police Service of Northern Ireland or the  Police
Service of Northern Ireland Reserve, the Chief Constable of thePolice Service of Northern Ireland;
(d) in relation to the States of Jersey Police Force or the sala ried
police force of the Island of Guernsey, the chief officer of th at
force;
(e) in relation to the Isle of Man Constabulary, the chief const able;
(f) in relation to a special police force mentioned in section 3 (5)(a),
(b) or (c), the Chief Constable;
(g) in relation to the Scottish Drug Enforcement Agency, the
Director of that Agency;Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities25
“the Commissioners” has the meaning given by section 2(8);
“constable”, in relation to Northern Ireland, means a member of  the Police
Service of Northern Ireland or the Police Service of Northern I reland
Reserve;
“financial year”, in relation to SOCA, means—
(a) the period beginning with the date on which SOCA is
established and ending with the following 31st March, and
(b) each successive period of 12 months ending with 31st March;
“functions” includes powers and duties;
“government department” includes a Northern Ireland department;“joint police board” has the same meaning as in the Police (Sco tland) Act
1967 (c. 77);
“police force” means (unless the context otherwise requires)—
(a) a police force in England, Wales or Scotland, or
(b) the Police Service of Northern Ireland or the Police Service  of
Northern Ireland Reserve;
“special police force” has the meaning given by section 3(5).
(2) In this Chapter—
(a) “the Scottish Drug Enforcement Agency” means the organisatio n
known by that name and established under section 36(1)(a)(ii) o f the
Police (Scotland) Act 1967; and
(b) “the Director” of that Agency means the person engaged on ce ntral
service (as defined by section 38(5) of that Act) and for the t ime being
appointed by the Scottish Ministers to exercise control in rela tion to the
activities carried out in the exercise of the Agency’s function s.
(3) Section 81(5) of the Regulation of Investigatory Powers Act 2000 (c. 23)
(meaning of “prevention” and “detection”) applies for the purpo ses of this
Chapter as it applies for the purposes of the provisions of tha t Act not
contained in Chapter 1 of Part 1.
C
HAPTER  2
SOCA: SPECIAL  POWERS  OF DESIGNATED  STAFF
Designations
43 Designation of SOCA staff as persons having powers of constab le etc.
(1) The Director General of SOCA may designate a member of the s taff of SOCA
as one or more of the following—
(a) a person having the powers of a constable;
(b) a person having the customs powers of an officer of Revenue and
Customs;
(c) a person having the powers of an immigration officer.
(2) A designation under this section—
(a) may be made subject to any limitations specified in the desi gnation
(whether as to the powers exercisable by virtue of it, the purp oses for
which they are exercisable or otherwise); and
(b) has effect either for a period so specified or without limit  of time.Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 2 — SOCA: special powers of designated staff26
(3) Subsection (2) applies subject to any modification or withdr awal of the
designation under section 45.
(4) A member of SOCA’s staff may be designated as a person havin g the powers
mentioned in any of paragraphs (a) to (c) of subsection (1) whe ther or not—
(a) he already has (for any reason) any powers falling within an y of those
paragraphs, or
(b) he had any such powers before becoming a member of SOCA’s st aff.
(5) But a person may not be designated as a person having the po wers mentioned
in any of paragraphs (a) to (c) of subsection (1) unless the Di rector General is
satisfied that that person—
(a) is capable of effectively exercising the powers that would b e exercisable
by virtue of the designation,
(b) has received adequate training in respect of the exercise of  those
powers, and
(c) is otherwise a suitable person to exercise those powers.
(6) Where an employee of SOCA—
(a) before becoming such an employee, held an office by virtue o f which he
had any powers falling within subsection (1)(a), (b) or (c), an d
(b) has not resigned that office,
t h a t  o f f i c e  i s  t o  b e  t r e a t e d  a s  s u s p e n d e d  s o  l o n g  a s  h e  r e m a i n s  i n  S O C A ’ s
employment, and revives if (and only if) on ceasing to be so em ployed he
returns to service as the holder of that office.
(7) References in this section to the powers of a constable, the  customs powers of
an officer of Revenue and Customs or the powers of an immigrati on officer are
to be read in accordance with sections 46 to 49.
44 Delegation of power to designate
(1) The Director General of SOCA may, to such extent as he may s pecify, delegate
his functions under section 43 to an employee of SOCA at the pr escribed level.
(2) “At the prescribed level” means employed in a grade or on a pay scale not
lower than that specified in an order made by the Secretary of State.
45 Modification or withdrawal of designations
(1) The Director General of SOCA may at any time modify or withd raw a
designation made under section 43 by giving a notice to that ef fect to the
designated person.
(2) An employee of SOCA by whom the power to make designations u nder
section 43 is exercisable by virtue of section 44 may at any ti me modify or
withdraw a relevant designation by giving a notice to that effe ct to the
designated person.
(3) For the purposes of this section “a relevant designation”, i n relation to such an
employee, means a designation of a kind that the employee is au thorised to
make by virtue of section 44.Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 2 — SOCA: special powers of designated staff27
Powers exercisable
46 Person having powers of a constable
(1) This section applies to a member of SOCA’s staff who is for the time being
designated under section 43 as a person having the powers of a constable.
(2) The designated person has all the powers and privileges of a  constable.
(3) Those powers and privileges are exercisable by the designate d person—
(a) throughout England and Wales and the adjacent United Kingdom
waters, and
(b) in accordance with section 47, in Scotland or Northern Irela nd and the
adjacent United Kingdom waters.
(4) If any of those powers and privileges, when exercisable by a  constable, are
subject to any territorial restrictions on their exercise, they  are similarly subject
to those restrictions when exercised by the designated person.
(5) If any of those powers and privileges, when exercisable by a  constable, are
exercisable elsewhere than in the United Kingdom or the adjacen t United
Kingdom waters, they are similarly exercisable by the designate d person.
(6) The designated person also has any powers exercisable by vir tue of subsection
(7).
(7) Any enactment under which a constable may be authorised by w arrant to
exercise any power in relation to any matter has effect, for th e purpose of
enabling the designated person to be authorised to exercise the  power in
relation to any such matter, as if he were a constable.
(8) Subsections (2) to (7) have effect subject to any limitation  specified in the
designation under section 43(2).
(9) In this section references to the powers and privileges of a  constable are
references to the powers and privileges of a constable whether under any
enactment or otherwise.
47 Person having powers of constable: Scotland and Northern Irel and
(1) This section provides for persons designated as mentioned in  section 46(1)
(“relevant persons”) to exercise the powers and privileges ment ioned in section
46(2) in Scotland or Northern Ireland and the adjacent United K ingdom
waters.
(2) If so agreed by—
(a) the Scottish Ministers, and
(b) SOCA,
the powers and privileges are exercisable by relevant persons i n Scotland and
the adjacent United Kingdom waters to such extent and in such c ircumstances
as may be specified in the agreement.
(3) If so agreed by—
(a) the Director of the Scottish Drug Enforcement Agency or a pe rson
nominated by him for the purposes of this subsection, and
(b) SOCA,Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 2 — SOCA: special powers of designated staff28
a relevant person may exercise the powers and privileges in Sco tland in
connection with a particular operation.
(4) A person nominated for the purposes of subsection (3) must b e either—
(a) a person for the time being appointed as Deputy Director of that
Agency, or
(b) an appropriate officer of a police force for an area in Scot land.
(5) If so agreed by—
(a) the Secretary of State, and
(b) SOCA,
the powers and privileges are exercisable by relevant persons i n Northern
Ireland and the adjacent United Kingdom waters to such extent a nd in such
circumstances as may be specified in the agreement.
(6) If—
(a) an agreement under subsection (5) (“the general authorisatio n”) is in
force, and
(b) an appropriate officer of the Police Service of Northern Ire land and
SOCA so agree in conformity with the general authorisation,
a relevant person may exercise the powers and privileges in Nor thern Ireland
in connection with a particular operation in accordance with th e agreement
mentioned in paragraph (b).
(7) In this section—
“appropriate officer” means an officer of or above the rank of assistant
chief constable;
“the Scottish Drug Enforcement Agency” and “the Director” of th at
Agency have the meanings given by section 42(2).
48 Person having customs powers 
(1) This section applies to a member of SOCA’s staff who is for the time being
designated under section 43 as a person having the customs powe rs of an
officer of Revenue and Customs.
(2) The designated person has, in relation to any customs matter , the same powers
as an officer of Revenue and Customs would have.
(3) The designated person also has any powers exercisable by vir tue of subsection
(4).
(4) Any enactment under which an officer of Revenue and Customs may be
authorised by warrant to exercise any power in relation to any customs matter
has effect, for the purpose of enabling the designated person t o be authorised
to exercise the power in relation to any such matter, as if he were an officer of
Revenue and Customs.
(5) Where any power is exercisable by an officer of Revenue and Customs both—
(a) in relation to a customs matter, and
(b) in relation to any other matter,
it is exercisable by the designated person only in relation to the customs matter.
(6) Subsections (2) to (5) have effect subject to any limitation  specified in the
designation under section 43(2).Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 2 — SOCA: special powers of designated staff29
(7) In this section “customs matter” means any matter other than —
(a) a matter to which section 7 of the Commissioners for Revenue  and
Customs Act 2005 (c. 11) applies (former Inland Revenue matters ), or
(b) any tax or duty not mentioned in Schedule 1 to that Act (whi ch lists
such matters).
49 Person having powers of an immigration officer
(1) This section applies to a member of SOCA’s staff who is for the time being
designated under section 43 as a person having the powers of an  immigration
officer.
(2) The designated person has, in relation to any matter in rela tion to which
powers are exercisable by an immigration officer, the same powe rs as such an
officer would have.
(3) The designated person also has any powers exercisable by vir tue of subsection
(4).
(4) Any enactment under which an immigration officer may be auth orised by
warrant to exercise any power in relation to any matter has eff ect, for the
purpose of enabling the designated person to be authorised to e xercise the
power in relation to any such matter, as if he were an immigrat ion officer.
(5) Subsections (2) to (4) have effect subject to any limitation  specified in the
designation under section 43(2).
(6) In this section “immigration officer” means a person who is an immigration
officer within the meaning of the Immigration Act 1971 (c. 77).
Exercise of powers
50 Designations: supplementary
(1) If a designated person—
(a) exercises any power in relation to another person in relianc e on his
designation under section 43, or
(b) purports to do so,
he must produce evidence of his designation to the other person  if requested
to do so.
(2) A failure to comply with subsection (1) does not make the ex ercise of the power
invalid.
(3) For the purpose of determining liability for the unlawful co nduct of members
of SOCA’s staff, any conduct by a designated person in reliance , or purported
reliance, on his designation is to be taken to be—
(a) if he is employed by SOCA, conduct in the course of his empl oyment,
or
(b) if he is a person to whom section 28 applies by virtue of su bsection
(3)(a) of that section, conduct falling within subsection (1) o f that
section.
(4) In the case of any unlawful conduct within subsection (3) wh ich is a tort, SOCA
is accordingly to be treated as a joint tortfeasor.
This subsection does not apply to Scotland.Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 2 — SOCA: special powers of designated staff30
51 Assaults, obstruction or deception in connection with designa tions
(1) A person commits an offence if he assaults—
(a) a designated person acting in the exercise of a relevant pow er, or
(b) a person who is assisting a designated person in the exercis e of such a
power.
(2) A person commits an offence if he resists or wilfully obstru cts—
(a) a designated person acting in the exercise of a relevant pow er, or
(b) a person who is assisting a designated person in the exercis e of such a
power.
(3) A person commits an offence if, with intent to deceive—
(a) he impersonates a designated person,
(b) he makes any statement or does any act calculated falsely to  suggest
that he is a designated person, or
(c) he makes any statement or does any act calculated falsely to  suggest
that he has powers as a designated person that exceed the power s he
actually has.
(4) A person guilty of an offence under subsection (1) or (3) is  liable on summary
conviction—
(a) to imprisonment for a term not exceeding 51 weeks, or
(b) to a fine not exceeding level 5 on the standard scale,
or to both.
(5) A person guilty of an offence under subsection (2) is liable  on summary
conviction—
(a) to imprisonment for a term not exceeding 51 weeks, or
(b) to a fine not exceeding level 3 on the standard scale,
or to both.
(6) In this section “relevant power”, in relation to a designate d person, means a
power or privilege exercisable by that person by virtue of the designation
under section 43.
(7) In the application of this section to Scotland the reference s to 51 weeks in
subsections (4)(a) and (5)(a) are to be read as references to 1 2 months in each
case.
(8) In the application of this section to Northern Ireland the r eferences to 51 weeks
are to be read as follows—
(a) in subsection (4)(a) the reference is to be read as a refere nce to 6 months,
and
(b) in subsection (5)(a) the reference is to be read as a refere nce to 1 month.
Supplementary
52 Modification of enactments
(1) The Secretary of State may by order provide for any enactmen t (or description
of enactments) to apply in relation to—
(a) designated persons, or
(b) the exercise of powers by such persons under this Chapter,Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 2 — SOCA: special powers of designated staff31
with such modifications as he considers necessary or expedient.
(2) An order under this section may include provision for or in connection with—
(a) extending to such persons any exemption or protection afford ed by an
enactment to any other description of persons;
(b) providing for the disclosure of information to, or the doing  of other
things in relation to, such persons under any enactment;
(c) conferring on the Director General of SOCA functions exercis able in
relation to such persons.
(3) Subsection (2) does not affect the generality of subsection (1).
(4) In this section any reference to designated persons includes  a reference to any
description of such persons.
(5) Before exercising the power conferred by subsection (1) in r elation to an
enactment which (expressly or otherwise) confers any function o n—
(a) the Commissioners for Her Majesty’s Revenue and Customs, or
(b) an officer of Revenue and Customs,
the Secretary of State must consult the Commissioners.
(6) Before exercising the power conferred by subsection (1) in r elation to an
enactment which extends to Scotland, the Secretary of State mus t consult the
Scottish Ministers.
(7) The power conferred by subsection (1) is exercisable by the Scottish Ministers
(rather than by the Secretary of State) where the provision to be made is within
the legislative competence of the Scottish Parliament.
53 Employment provisions
(1) A member of SOCA’s staff who is for the time being designate d under section
43 as a person having the powers of a constable is not, by virt ue of section 46(2),
to be treated as being in police service for the purposes of th e enactments
mentioned in subsection (2).
(2) The enactments are—
(a) section 280 of the Trade Union and Labour Relations (Consoli dation)
Act 1992 (c. 52) (person in police service excluded from definit ions of
“worker” and “employee”);
(b) section 200 of the Employment Rights Act 1996 (c. 18) (certai n
provisions of the Act not to apply to persons in police service );
(c) Article 145 of the Trade Union and Labour Relations (Norther n Ireland)
Order 1995 (S.I. 1995/1980 (N.I. 12)); and
(d) Article 243 of the Employment Rights (Northern Ireland) Orde r 1996
(S.I. 1996/1919 (N.I. 16)).
54 Interpretation of Chapter 2
(1) In this Chapter—
“designated person” means a person for the time being designate d under
section 43;
“United Kingdom waters” means the sea and other waters within t he
seaward limits of the United Kingdom’s territorial sea.Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 2 — SOCA: special powers of designated staff32
(2) Any reference in this Chapter to the exercise of powers by v irtue of a
designation under section 43 is, in a case where any limitation s were imposed
under subsection (2) of that section, a reference to their exer cise in conformity
with those limitations.
CHAPTER  3
SOCA: M ISCELLANEOUS  AND  SUPPLEMENTARY
Complaints and misconduct
55 Complaints and misconduct
(1) Schedule 2 makes provision for, and in connection with, the operation in
relation to SOCA of Part 2 of the Police Reform Act 2002 (c. 30 ) (which relates
to complaints and misconduct).
(2) In the Police (Northern Ireland) Act 1998 (c. 32)—
(a) after section 60 insert—
“60ZASerious Organised Crime Agency
(1) An agreement for the establishment in relation to members of
the staff of the Serious Organised Crime Agency of procedurescorresponding or similar to any of those established by virtue of
this Part may, with the approval of the Secretary of State, bemade between the Ombudsman and the Agency.
(2) Where no such procedures are in force in relation to the Age ncy,
the Secretary of State may by order establish such procedures.
(3) An agreement under this section may at any time be varied or
terminated with the approval of the Secretary of State.
(4) Before making an order under this section the Secretary of S tate
shall consult—
(a) the Ombudsman; and
(b) the Agency.
(5) Nothing in any other statutory provision shall prevent the
Agency from carrying into effect procedures established byvirtue of this section.
(6) No such procedures shall have effect in relation to anything
done by a member of the staff of the Agency outside NorthernIreland.”; and
(b) in section 61(5) (reports), at the end of paragraph (b) inse rt “; and
(c) if the report concerns the Serious Organised Crime
Agency, to the Agency.”Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 3 — SOCA: Miscellaneous and supplementary33
Application of discrimination legislation
56 Application of discrimination legislation to SOCA seconded st aff
(1) For the purposes of the provisions to which this subsection applies any
constable or other person who has been seconded to SOCA to serv e as a
member of its staff shall be treated as being employed by SOCA as respects any
act done by it in relation to that person.
(2) Subsection (1) applies to—
(a) Part 2 of the Sex Discrimination Act 1975 (c. 65);
(b) Part 2 of the Race Relations Act 1976 (c. 74);
(c) Part II of the Sex Discrimination (Northern Ireland) Order 1 976 (S.I.
1976/1042 (N.I. 15));
(d) Part 2 of the Disability Discrimination Act 1995 (c. 50);
(e) Part II of the Race Relations (Northern Ireland) Order 1997 (S.I. 1997/
869 (N.I. 6)); and
(f) the Fair Employment and Treatment (Northern Ireland) Order 1 998
(S.I. 1998/3162 (N.I. 21)), except Part VII.
(3) For the purposes of the provisions to which this subsection applies—
(a) any constable or other person who has been seconded to SOCA to serve
as a member of its staff shall be treated as being employed by SOCA
(and as not being employed by any other person); and
(b) anything done by such a person in the performance, or purpor ted
performance, of his functions as such a person shall be treated  as done
in the course of that employment.
(4) Subsection (3) applies to—
(a) section 41 of the Sex Discrimination Act 1975;
(b) section 32 of the Race Relations Act 1976;
(c) Article 42 of the Sex Discrimination (Northern Ireland) Orde r 1976;
(d) section 58 of the Disability Discrimination Act 1995;
(e) Article 32 of the Race Relations (Northern Ireland) Order 19 97; and
(f) Article 36 of the Fair Employment and Treatment (Northern Ir eland)
Order 1998.
Joint investigation teams
57 Assaults or obstruction in connection with joint investigatio n teams
(1) This section applies where an international joint investigat ion team has been
formed under the leadership of a member of SOCA’s staff.
(2) A person commits an offence if he assaults a member of the t eam who is
carrying out his functions as a member of the team.
(3) A person commits an offence if he resists or wilfully obstru cts a member of the
team who is carrying out his functions as a member of that team .
(4) A person guilty of an offence under subsection (2) is liable  on summary
conviction—
(a) to imprisonment for a term not exceeding 51 weeks, or
(b) to a fine not exceeding level 5 on the standard scale,Serious Organised Crime and Police Act 2005 (c. 15)
Part 1 — The Serious Organised Crime Agency
Chapter 3 — SOCA: Miscellaneous and supplementary34
or to both.
(5) A person guilty of an offence under subsection (3) is liable  on summary
conviction—
(a) to imprisonment for a term not exceeding 51 weeks, or
(b) to a fine not exceeding level 3 on the standard scale,
or to both.
(6) In this section “international joint investigation team” mea ns any investigation
team formed in accordance with—
(a) any framework decision on joint investigation teams adopted under
Article 34 of the Treaty on European Union,
(b) the Convention on Mutual Assistance in Criminal Matters betw een the
Member States of the European Union and the Protocol to thatConvention established in accordance with that Article of the T reaty, or
(c) any international agreement to which the United Kingdom is a  party
and which is specified in an order made by the Secretary of Sta te.
(7) In the application of this section to Scotland the reference s to 51 weeks in
subsections (4)(a) and (5)(a) are to be read as references to 1 2 months in each
case.
(8) In the application of this section to Northern Ireland the r eferences to 51 weeks
are to be read as follows—
(a) in subsection (4)(a) the reference is to be read as a refere nce to 6 months,
and
(b) in subsection (5)(a) the reference is to be read as a refere nce to 1 month.
Transfers
58 Transfers to SOCA
Schedule 3 makes provision about the transfer of staff, propert y, rights and
liabilities to SOCA.
Amendments
59 Minor and consequential amendments relating to SOCA
Schedule 4 contains minor and consequential amendments relating  to SOCA.Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 1 — Investigatory powers of DPP, etc.35
PART 2
INVESTIGATIONS , PROSECUTIONS , PROCEEDINGS  AND  PROCEEDS  OF CRIME
CHAPTER  1
INVESTIGATORY  POWERS  OF DPP, ETC.
Introductory
60 Investigatory powers of DPP etc. 
(1) This Chapter confers powers on—
(a) the Director of Public Prosecutions, 
(b) the Director of Revenue and Customs Prosecutions, and
(c) the Lord Advocate,
in relation to the giving of disclosure notices in connection w ith the
investigation of offences to which this Chapter applies.
(2) The Director of Public Prosecutions may, to such extent as h e may determine,
delegate the exercise of his powers under this Chapter to a Cro wn prosecutor.
(3) The Director of Revenue and Customs Prosecutions may, to suc h extent as he
may determine, delegate the exercise of his powers under this C hapter to a
Revenue and Customs Prosecutor.
(4) The Lord Advocate may, to such extent as he may determine, d elegate the
exercise of his powers under this Chapter to a procurator fisca l.
(5) In this Chapter “the Investigating Authority” means—
(a) the Director of Public Prosecutions, 
(b) the Director of Revenue and Customs Prosecutions, or
(c) the Lord Advocate.
(6) But, in circumstances where the powers of any of those perso ns are exercisable
by any other person by virtue of subsection (2), (3) or (4), re ferences to “the
Investigating Authority” accordingly include any such other per son.
61 Offences to which this Chapter applies
(1) This Chapter applies to the following offences—
(a) any offence listed in Schedule 2 to the Proceeds of Crime Ac t 2002 (c. 29)
(lifestyle offences: England and Wales);
(b) any offence listed in Schedule 4 to that Act (lifestyle offe nces: Scotland);
(c) any offence under sections 15 to 18 of the Terrorism Act 200 0 (c. 11)
(offences relating to fund-raising, money laundering etc.); 
(d) any offence under section 170 of the Customs and Excise Mana gement
Act 1979 (c. 2) (fraudulent evasion of duty) or section 72 of th e Value
Added Tax Act 1994 (c. 23) (offences relating to VAT) which is aqualifying offence;
(e) any offence under section 17 of the Theft Act 1968 (c. 60) (f alse
accounting), or any offence at common law of cheating in relati on to the
public revenue, which is a qualifying offence;Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 1 — Investigatory powers of DPP, etc.36
(f) any offence under section 1 of the Criminal Attempts Act 198 1 (c. 47),
or in Scotland at common law, of attempting to commit any offen ce in
paragraph (c) or any offence in paragraph (d) or (e) which is aqualifying offence;
(g) any offence under section 1 of the Criminal Law Act 1977 (c. 45), or in
Scotland at common law, of conspiracy to commit any offence inparagraph (c) or any offence in paragraph (d) or (e) which is aqualifying offence.
(2) For the purposes of subsection (1) an offence in paragraph ( d) or (e) of that
subsection is a qualifying offence if the Investigating Authori ty certifies that in
his opinion—
(a) 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 l oss, or
potential loss, to the public revenue of an amount not less tha n £5,000;
(b) in the case of an offence under section 17 of the Theft Act 1968 (c. 60),
the offence involved or would have involved a loss or gain, or potential
loss or gain, of an amount not less than £5,000.
(3) A document purporting to be a certificate under subsection ( 2) is to be received
in evidence and treated as such a certificate unless the contra ry is proved.
(4) The Secretary of State may by order— 
(a) amend subsection (1), in its application to England and Wale s, so as to
remove an offence from it or add an offence to it;
(b) amend subsection (2), in its application to England and Wale s, so as
to—
(i) take account of any amendment made by virtue of paragraph
(a) above, or
(ii) vary the sums for the time being specified in subsection (2 )(a)
and (b).
(5) The Scottish Ministers may by order—
(a) amend subsection (1), in its application to Scotland, so as to remove an
offence from it or add an offence to it;
(b) amend subsection (2), in its application to Scotland, so as to—
(i) take account of any amendment made by virtue of paragraph
(a) above, or
(ii) vary the sums for the time being specified in subsection (2 )(a)
and (b).
Disclosure notices
62 Disclosure notices
(1) If it appears to the Investigating Authority—
(a) that there are reasonable grounds for suspecting that an off ence to
which this Chapter applies has been committed,
(b) that any person has information (whether or not contained in  a
document) which relates to a matter relevant to the investigati on of that
offence, and
(c) that there are reasonable grounds for believing that informa tion which
may be provided by that person in compliance with a disclosure noticeSerious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 1 — Investigatory powers of DPP, etc.37
is likely to be of substantial value (whether or not by itself)  to that
investigation,
he may give, or authorise an appropriate person to give, a disc losure notice to
that person.
(2) In this Chapter “appropriate person” means—
(a) a constable,
(b) a member of the staff of SOCA who is for the time being desi gnated
under section 43, or
(c) an officer of Revenue and Customs.
(3) In this Chapter “disclosure notice” means a notice in writin g requiring the
person to whom it is given to do all or any of the following th ings in accordance
with the specified requirements, namely—
(a) answer questions with respect to any matter relevant to the
investigation;
(b) provide information with respect to any such matter as is sp ecified in
the notice;
(c) produce such documents, or documents of such descriptions, r elevant
to the investigation as are specified in the notice.
(4) In subsection (3) “the specified requirements” means such re quirements
specified in the disclosure notice as relate to—
(a) the time at or by which,
(b) the place at which, or
(c) the manner in which,
the person to whom the notice is given is to do any of the thin gs mentioned in
paragraphs (a) to (c) of that subsection; and those requirement s may include a
requirement to do any of those things at once.
(5) A disclosure notice must be signed or counter-signed by the Investigating
Authority.
(6) This section has effect subject to section 64 (restrictions on requiring
information etc.).
63 Production of documents
(1) This section applies where a disclosure notice has been give n under section 62.
(2) An authorised person may—
(a) take copies of or extracts from any documents produced in co mpliance
with the notice, and
(b) require the person producing them to provide an explanation of any of
them.
(3) Documents so produced may be retained for so long as the Inv estigating
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.
(4) If the Investigating Authority has reasonable grounds for be lieving—
(a) that any such documents may have to be produced for the purp oses of
any legal proceedings, and
(b) that they might otherwise be unavailable for those purposes,Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 1 — Investigatory powers of DPP, etc.38
they may be retained until the proceedings are concluded.
(5) If a person who is required by a disclosure notice to produc e any documents
does not produce the documents in compliance with the notice, a n authorised
person may require that person to state, to the best of his kno wledge and belief,
where they are.
(6) In this section “authorised person” means any appropriate pe rson who
either—
(a) is the person by whom the notice was given, or
(b) is authorised by the Investigating Authority for the purpose s of this
section.
(7) This section has effect subject to section 64 (restrictions on requiring
information etc.).
64 Restrictions on requiring information etc.
(1) A person may not be required under section 62 or 63—
(a) to answer any privileged question,
(b) to provide any privileged information, or
(c) to produce any privileged document,
except that a lawyer may be required to provide the name and ad dress of a
client of his.
(2) 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.
(3) “Privileged information” is information which the person wou ld be entitled to
refuse to provide on grounds of legal professional privilege in  such
proceedings.
(4) 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.
(5) A person may not be required under section 62 to produce any  excluded
material (as defined by section 11 of the Police and Criminal E vidence Act 1984
(c. 60)).
(6) In the application of this section to Scotland—
(a) subsections (1) to (5) do not have effect, but
(b) a person may not be required under section 62 or 63 to answe r any
question, provide any information or produce any document which  he
would be entitled, on grounds of legal privilege, to refuse to answer or
(as the case may be) provide or produce.
(7) In subsection (6)(b), “legal privilege” has the meaning give n by section 412 of
the Proceeds of Crime Act 2002 (c. 29).
( 8 ) A  p e r s o n  m a y  n o t  b e  r e q u i r e d  u n d e r  s e c t i o n  6 2  o r  6 3  t o  d i s c l ose any
information or produce any document in respect of which he owes  a n
obligation of confidence by virtue of carrying on any banking b usiness,
unless—
(a) the person to whom the obligation of confidence is owed cons ents to
the disclosure or production, orSerious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 1 — Investigatory powers of DPP, etc.39
(b) the requirement is made by, or in accordance with a specific
authorisation given by, the Investigating Authority.
(9) Subject to the preceding provisions, any requirement under s ection 62 or 63 has
effect despite any restriction on disclosure (however imposed).
65 Restrictions on use of statements
(1) A statement made by a person in response to a requirement im posed under
section 62 or 63 (“the relevant statement”) may not be used in evidence against
him in any criminal proceedings unless subsection (2) or (3) ap plies.
(2) This subsection applies where the person is being prosecuted —
(a) for an offence under section 67 of this Act, or
(b) for an offence under section 5 of the Perjury Act 1911 (c. 6)  ( f a l s e
statements made on oath otherwise than in judicial proceedings or
made otherwise than on oath), or
(c) for an offence under section 2 of the False Oaths (Scotland)  Act 1933
(c. 20) (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.
(3) This subsection applies where the person is being prosecuted  for some other
offence and—
(a) the person, when giving evidence in the proceedings, makes a
statement inconsistent with the relevant statement, and
(b) in the proceedings evidence relating to the relevant stateme nt is
adduced, or a question about it is asked, by or on behalf of th e person.
Enforcement
66 Power to enter and seize documents
(1) A justice of the peace may issue a warrant under this sectio n if, on an
information on oath laid by the Investigating Authority, he is satisfied—
(a) that any of the conditions mentioned in subsection (2) is me t in relation
to any documents of a description specified in the information,  and
(b) that the documents are on premises so specified.
(2) The conditions are—
(a) that a person has been required by a disclosure notice to pr oduce the
documents but has not done so;
(b) that it is not practicable to give a disclosure notice requi ring their
production;
(c) that giving such a notice might seriously prejudice the inve stigation of
an offence to which this Chapter applies.
(3) A warrant under this section is a warrant authorising an app ropriate person
named in it—
(a) to enter and search the premises, using such force as is rea sonably
necessary; 
(b) to take possession of any documents appearing to be document s of a
description specified in the information, or to take any other stepsSerious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 1 — Investigatory powers of DPP, etc.40
which appear to be necessary for preserving, or preventing inte rference
with, any such documents;
(c) in the case of any such documents consisting of information recorded
otherwise than in legible form, to take possession of any compu ter disk
or other electronic storage device which appears to contain theinformation in question, or to take any other steps which appea r to be
necessary for preserving, or preventing interference with, thatinformation;
(d) to take copies of or extracts from any documents or informat ion falling
within paragraph (b) or (c);
(e) to require any person on the premises to provide an explanat ion of any
such documents or information or to state where any such docume nts
or information may be found;
(f) to require any such person to give the appropriate person su ch
assistance as he may reasonably require for the taking of copie s or
extracts as mentioned in paragraph (d).
(4) A person executing a warrant under this section may take oth er persons with
him, if it appears to him to be necessary to do so.
(5) A warrant under this section must, if so required, be produc ed for inspection
by the owner or occupier of the premises or anyone acting on hi s behalf.
(6) If the premises are unoccupied or the occupier is temporaril y absent, a person
entering the premises under the authority of a warrant under th is section must
leave the premises as effectively secured against trespassers a s he found them.
(7) Where possession of any document or device is taken under th is section—
(a) the document may be retained for so long as the Investigatin g
Authority considers that it is necessary to retain it (rather t han a copy
of it) in connection with the investigation for the purposes of  which the
warrant was sought, or
(b) the device may be retained for so long as he considers that it is
necessary to retain it in connection with that investigation,
as the case may be.
(8) If the Investigating Authority has reasonable grounds for be lieving—
(a) that any such document or device may have to be produced for  the
purposes of any legal proceedings, and
(b) that it might otherwise be unavailable for those purposes,
it may be retained until the proceedings are concluded.
(9) Nothing in this section authorises a person to take possessi on of, or make
copies of or take extracts from, any document or information wh ich, by virtue
of section 64, could not be required to be produced or disclose d under section
62 or 63.
(10) In the application of this section to Scotland—
(a) subsection (1) has effect as if, for the words from the begi nning to
“satisfied—”, there were substituted “A sheriff may issue a war rant
under this section, on the application of a procurator fiscal, if he is
satisfied—”;
(b) subsections (1)(a) and (3)(b) have effect as if, for “in the  information”,
there were substituted “in the application”; and
(c) subsections (4) to (6) do not have effect.Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 1 — Investigatory powers of DPP, etc.41
67 Offences in connection with disclosure notices or search warr ants
(1) A person commits an offence if, without reasonable excuse, h e fails to comply
with any requirement imposed on him under section 62 or 63.
(2) A person commits an offence if, in purported compliance with  a n y
requirement imposed on him under section 62 or 63—
(a) he makes a statement which is false or misleading, and
(b) he either knows that it is false or misleading or is reckles s as to whether
it is false or misleading. 
“False or misleading” means false or misleading in a material p articular.
(3) A person commits an offence if he wilfully obstructs any per son in the exercise
of any rights conferred by a warrant under section 66.
(4) A person guilty of an offence under subsection (1) or (3) is  liable on summary
conviction—
(a) to imprisonment for a term not exceeding 51 weeks, or
(b) to a fine not exceeding level 5 on the standard scale,
or to both.
(5) A person guilty of an offence under subsection (2) is liable —
(a) on conviction on indictment, to imprisonment for a term not exceeding
two years or to a fine, or to both;
(b) on summary conviction, to imprisonment for a term not exceed ing 12
months or to a fine not exceeding the statutory maximum, or to both.
(6) In the application of this section to Scotland, the referenc e to 51 weeks in
subsection (4)(a) is to be read as a reference to 12 months.
Supplementary
68 Procedure applicable to search warrants
In Part 1 of Schedule 1 to the Criminal Justice and Police Act 2001 (c. 16)
(powers of seizure to which section 50 applies) after paragraph  73E (inserted
by the Human Tissue Act 2004 (c. 30)) insert—
“Serious Organised Crime and Police Act 2005
73F The power of seizure conferred by section 66 of the Serious
Organised Crime and Police Act 2005 (seizure of documents forpurposes of investigation by DPP or other Investigating Authori ty).”
69 Manner in which disclosure notice may be given
(1) This section provides for the manner in which a disclosure n otice may be given
under section 62.
(2) The notice may be given to a person by—
(a) delivering it to him,
(b) leaving it at his proper address,
(c) sending it by post to him at that address.
(3) The notice may be given—Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 1 — Investigatory powers of DPP, etc.42
(a) in the case of a body corporate, to the secretary or clerk o f that body;
(b) in the case of a partnership, to a partner or a person havin g the control
or management of the partnership business;
(c) in the case of an unincorporated association (other than a p artnership),
to an officer of the association.
(4) For the purposes of this section and section 7 of the Interp retation Act 1978
(c. 30) (service of documents by post) in its application to thi s section, the
proper address of a person is his usual or last-known address ( whether
residential or otherwise), except that—
(a) in the case of a body corporate or its secretary or clerk, i t is the address
of the registered office of that body or its principal office i n the United
Kingdom,
(b) in the case of a partnership, a partner or a person having t he control or
management of the partnership business, it is that of the princ ipal office
of the partnership in the United Kingdom, and
(c) in the case of an unincorporated association (other than a p artnership)
or an officer of the association, it is that of the principal o ffice of the
association in the United Kingdom.
(5) This section does not apply to Scotland.
70 Interpretation of Chapter 1
(1) In this Chapter—
“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 legi ble
form.
(2) In relation to information recorded otherwise than in legibl e form, any
reference in this Chapter to the production of documents is a r eference to the
production of a copy of the information in legible form.
C
HAPTER  2
OFFENDERS  ASSISTING  INVESTIGATIONS  AND  PROSECUTIONS
71 Assistance by offender: immunity from prosecution
(1) If a specified prosecutor thinks that for the purposes of th e investigation or
prosecution of any offence it is appropriate to offer any perso n immunity from
prosecution he may give the person a written notice under this subsection (an
“immunity notice”).
(2) 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 s pecified in
the notice.
(3) 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 spec ified in the notice.Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 2 — Offenders assisting investigations and prosecutions43
(4) Each of the following is a specified prosecutor—
(a) the Director of Public Prosecutions;
(b) the Director of Revenue and Customs Prosecutions;
(c) the Director of the Serious Fraud Office;
(d) the Director of Public Prosecutions for Northern Ireland;
(e) a prosecutor designated for the purposes of this section by a prosecutor
mentioned in paragraphs (a) to (d).
(5) The Director of Public Prosecutions or a person designated b y him under
subsection (4)(e) may not give an immunity notice in relation t o proceedings in
Northern Ireland.
(6) The Director of Public Prosecutions for Northern Ireland or a person
designated by him under subsection (4)(e) may not give an immun ity notice in
relation to proceedings in England and Wales.
(7) An immunity notice must not be given in relation to an offen ce under section
188 of the Enterprise Act 2002 (c. 40) (cartel offences).
72 Assistance by offender: undertakings as to use of evidence
(1) If a specified prosecutor thinks that for the purposes of th e investigation or
prosecution of any offence it is appropriate to offer any perso n an undertaking
that information of any description will not be used against th e person in any
proceedings to which this section applies he may give the perso n a written
notice under this subsection (a “restricted use undertaking”).
(2) This section applies to—
(a) criminal proceedings;
(b) proceedings under Part 5 of the Proceeds of Crime Act 2002 ( c. 29). 
(3) If a person is given a restricted use undertaking the inform ation described in
the undertaking must not be used against that person in any pro ceedings to
which this section applies brought in England and Wales or Nort hern Ireland
except in the circumstances specified in the undertaking.
(4) A restricted use undertaking ceases to have effect in relati on to the person to
whom it is given if the person fails to comply with any conditi ons specified in
the undertaking.
(5) The Director of Public Prosecutions for Northern Ireland or a person
designated by him under section 71(4)(e) may not give a restric ted use
undertaking in relation to proceedings in England and Wales.
(6) The Director of Public Prosecutions or a person designated b y him under
section 71(4)(e) may not give a restricted use undertaking in r elation to
proceedings in Northern Ireland.
(7) Specified prosecutor must be construed in accordance with se ction 71(4).
73 Assistance by defendant: reduction in sentence
(1) This section applies if a defendant—
(a) following a plea of guilty is either convicted of an offence  i n
proceedings in the Crown Court or is committed to the Crown Cou rt
for sentence, andSerious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 2 — Offenders assisting investigations and prosecutions44
(b) has, pursuant to a written agreement made with a specified p rosecutor,
assisted or offered to assist the investigator or prosecutor in  relation to
that or any other offence.
(2) In determining what sentence to pass on the defendant the co urt may take into
account the extent and nature of the assistance given or offere d.
(3) If the court passes a sentence which is less than it would h ave passed but for
the assistance given or offered, it must state in open court—
(a) that it has passed a lesser sentence than it would otherwise  h a v e
passed, and
(b) what the greater sentence would have been.
(4) Subsection (3) does not apply if the court thinks that it wo uld not be in the
public interest to disclose that the sentence has been discount ed; but in such a
case the court must give written notice of the matters specifie d in paragraphs
(a) and (b) of subsection (3) to both the prosecutor and the de fendant.
(5) Nothing in any enactment which—
(a) requires that a minimum sentence is passed in respect of any  offence or
an offence of any description or by reference to the circumstan ces of
any offender (whether or not the enactment also permits the cou rt to
pass a lesser sentence in particular circumstances), or
(b) in the case of a sentence which is fixed by law, requires th e court to take
into account certain matters for the purposes of making an orde r which
determines or has the effect of determining the minimum period of
imprisonment which the offender must serve (whether or not theenactment also permits the court to fix a lesser period in part icular
circumstances),
affects the power of a court to act under subsection (2).
(6) If, in determining what sentence to pass on the defendant, t he court takes into
account the extent and nature of the assistance given or offere d as mentioned
in subsection (2), that does not prevent the court from also ta king account of
any other matter which it is entitled by virtue of any other en actment to take
account of for the purposes of determining—
(a) the sentence, or
(b) in the case of a sentence which is fixed by law, any minimum  period of
imprisonment which an offender must serve.
(7) If subsection (3) above does not apply by virtue of subsecti on (4) above,
sections 174(1)(a) and 270 of the Criminal Justice Act 2003 (c. 44) (requirement
to explain reasons for sentence or other order) do not apply to  the extent that
the explanation will disclose that a sentence has been discount ed in pursuance
of this section.
(8) In this section—
(a) a reference to a sentence includes, in the case of a sentenc e 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 construe d
accordingly;
(b) a reference to imprisonment includes a reference to any othe r custodial
sentence within the meaning of section 76 of the Powers of Crim inal
Courts (Sentencing) Act 2000 (c. 6) or Article 2 of the Criminal  Justice
(Northern Ireland) Order 1996 (S.I. 1996/3160).Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 2 — Offenders assisting investigations and prosecutions45
(9) An agreement with a specified prosecutor may provide for ass istance to be
given to that prosecutor or to any other prosecutor.
(10) References to a specified prosecutor must be construed in a ccordance with
section 71.
74 Assistance by defendant: review of sentence
(1) This section applies if—
(a) the Crown Court has passed a sentence on a person in respect  of an
offence, and
(b) the person falls within subsection (2).
(2) A person falls within this subsection if—
(a) he receives a discounted sentence in consequence of his havi ng offered
in pursuance of a written agreement to give assistance to the p rosecutor
or investigator of an offence but he knowingly fails to any ext ent to give
assistance in accordance with the agreement;
(b) he receives a discounted sentence in consequence of his havi ng offered
in pursuance of a written agreement to give assistance to the p rosecutor
or investigator of an offence and, having given the assistance in
accordance with the agreement, in pursuance of another writtenagreement gives or offers to give further assistance;
(c) he receives a sentence which is not discounted but in pursua nce of a
written agreement he subsequently gives or offers to give assis tance to
the prosecutor or investigator of an offence.
(3) A specified prosecutor may at any time refer the case back t o the court by
which the sentence was passed if—
(a) the person is still serving his sentence, and
(b) the specified prosecutor thinks it is in the interests of ju stice to do so.
(4) A case so referred must, if possible, be heard by the judge who passed the
sentence to which the referral relates.
(5) If the court is satisfied that a person who falls within sub section (2)(a)
knowingly failed to give the assistance it may substitute for t he 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.
(6) In a case of a person who falls within subsection (2)(b) or (c) the court may—
(a) take into account the extent and nature of the assistance gi ven or
offered;
(b) substitute for the sentence to which the referral relates su ch lesser
sentence as it thinks appropriate.
(7) 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 serve d.
(8) A person in respect of whom a reference is made under this s ection 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.Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 2 — Offenders assisting investigations and prosecutions46
(9) Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limita tion on appeal from
the criminal division of the Court of Appeal) does not prevent an appeal to the
Supreme Court under this section.
(10) A discounted sentence is a sentence passed in pursuance of section 73 or
subsection (6) above.
(11) References— 
(a) to a written agreement are to an agreement made in writing w ith a
specified prosecutor;
(b) to a specified prosecutor must be construed in accordance wi th section
71.
(12) In relation to any proceedings under this section, the Secr etary of State may
make an order containing provision corresponding to any provisi on in—
(a) the Criminal Appeal Act 1968 (subject to any specified modif ications),
or
(b) the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (subj ect to any
specified modifications).
(13) A person does not fall within subsection (2) if—
(a) he was convicted of an offence for which the sentence is fix ed by law,
and
(b) he did not plead guilty to the offence for which he was sent enced.
(14) Section 174(1)(a) or 270 of the Criminal Justice Act 2003 ( c. 44) (as the case may
be) applies to a sentence substituted under subsection (5) abov e unless the
court thinks that it is not in the public interest to disclose that the person falls
within subsection (2)(a) above.
(15) 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 tho se subsections to
subsection (2) of that section must be construed as a reference  to subsection (6)
of this section.
75 Proceedings under section 74: exclusion of public
(1) This section applies to—
(a) any proceedings relating to a reference made under section 7 4(3), and
(b) any other proceedings arising in consequence of such proceed ings.
(2) The court in which the proceedings will be or are being hear d may make such
order as it thinks appropriate—
(a) to exclude from the proceedings any person who does not fall  within
subsection (4);
(b) to give such directions as it thinks appropriate prohibiting  t h e
publication of any matter relating to the proceedings (includin g the fact
that the reference has been made).
(3) An order under subsection (2) may be made only to the extent  that the court
thinks—
(a) that it is necessary to do so to protect the safety of any p erson, and
(b) that it is in the interests of justice.
(4) The following persons fall within this subsection—
(a) a member or officer of the court;Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 2 — Offenders assisting investigations and prosecutions47
(b) a party to the proceedings;
(c) counsel or a solicitor for a party to the proceedings;
(d) a person otherwise directly concerned with the proceedings.
(5) This section does not affect any other power which the court  has by virtue of
any rule of law or other enactment—
(a) to exclude any person from proceedings, or
(b) to restrict the publication of any matter relating to procee dings.
CHAPTER  3
FINANCIAL  REPORTING  ORDERS
76 Financial reporting orders: making
(1) A court sentencing or otherwise dealing with a person convic ted of an offence
mentioned in subsection (3) may also make a financial reporting  order in
respect of him.
(2) But it may do so only if it is satisfied that the risk of th e person’s committing
another offence mentioned in subsection (3) is sufficiently hig h to justify the
making of a financial reporting order.
(3) The offences are—
(a) an offence under any of the following provisions of the Thef t Act 1968
(c. 60)—
section 15 (obtaining property by deception),
section 15A (obtaining a money transfer by deception),
section 16 (obtaining a pecuniary advantage by deception),section 20(2) (procuring execution of valuable security, etc.),
(b) an offence under either of the following provisions of the T heft Act 1978
(c. 31)—
section 1 (obtaining services by deception),section 2 (evasion of liability by deception),
(c) any offence specified in Schedule 2 to the Proceeds of Crime  Act 2002
(c. 29) (“lifestyle offences”).
(4) The Secretary of State may by order amend subsection (3) so as to remove an
offence from it or add an offence to it.
(5) A financial reporting order—
(a) comes into force when it is made, and
(b) has effect for the period specified in the order, beginning with the date
on which it is made.
(6) If the order is made by a magistrates’ court, the period ref erred to in subsection
(5)(b) must not exceed 5 years.
(7) Otherwise, that period must not exceed—
(a) if the person is sentenced to imprisonment for life, 20 year s,
(b) otherwise, 15 years.Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 3 — Financial reporting orders48
77 Financial reporting orders: making in Scotland
(1) A court sentencing or otherwise dealing with a person convic ted of an offence
mentioned in subsection (3) may also make a financial reporting  order in
respect of him.
(2) But he or it may do so only if satisfied that the risk of th e person’s committing
another offence mentioned in subsection (3) is sufficiently hig h to justify the
making of a financial reporting order.
(3) The offences are—
(a) at common law, the offence of fraud,
(b) any offence specified in Schedule 4 to the Proceeds of Crime  Act 2002
(c. 29) (“lifestyle offences”: Scotland).
(4) The Scottish Ministers may by order amend subsection (3) so as to remove an
offence from it or add an offence to it.
(5) A financial reporting order—
(a) comes into force when it is made, and
(b) has effect for the period specified in the order, beginning with the date
on which it is made.
(6) If the order is made by the sheriff, the period referred to in subsection (5)(b)
must not exceed 5 years.
(7) If the order is made by the High Court of Justiciary, that p eriod must not
exceed—
(a) if the person is sentenced to imprisonment for life, 20 year s,
(b) otherwise, 15 years.
78 Financial reporting orders: making in Northern Ireland
(1) A court sentencing or otherwise dealing with a person convic ted of an offence
mentioned in subsection (3) may also make a financial reporting  order in
respect of him.
(2) But the court may do so only if it is satisfied that the ris k of the person’s
committing another offence mentioned in subsection (3) is suffi ciently high to
justify the making of a financial reporting order.
(3) The offences are—
(a) an offence under any of the following provisions of the Thef t Act
(Northern Ireland) 1969 (c. 16 (N.I.))—
section 15 (obtaining property by deception),section 15A (obtaining a money transfer by deception),
section 16 (obtaining a pecuniary advantage by deception),
section 19(2) (procuring execution of valuable security, etc.),
(b) an offence under either of the following provisions of the T heft
(Northern Ireland) Order 1978 (S.I. 1978/1407 (N.I. 23))—
Article 3 (obtaining services by deception),
Article 4 (evasion of liability by deception),
(c) any offence specified in Schedule 5 to the Proceeds of Crime  Act 2002
(“lifestyle offences”: Northern Ireland).
(4) A financial reporting order—Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 3 — Financial reporting orders49
(a) comes into force when it is made, and
(b) has effect for the period specified in the order, beginning with the date
on which it is made.
(5) If the order is made by a magistrates’ court, or by the coun ty court on appeal,
the period referred to in subsection (4)(b) must not exceed 5 y ears.
(6) Otherwise, that period must not exceed—
(a) if the person is sentenced to imprisonment for life, 20 year s,
(b) otherwise, 15 years.
79 Financial reporting orders: effect
(1) A person in relation to whom a financial reporting order has  effect must do the
following.
(2) He must make a report, in respect of—
(a) the period of a specified length beginning with the date on which the
order comes into force, and
(b) subsequent periods of specified lengths, each period beginni ng
immediately after the end of the previous one.
(3) He must set out in each report, in the specified manner, suc h particulars of his
financial affairs relating to the period in question as may be specified.
(4) He must include any specified documents with each report.
(5) He must make each report within the specified number of days  after the end of
the period in question.
(6) He must make each report to the specified person.
(7) Rules of court may provide for the maximum length of the per iods which may
be specified under subsection (2).
(8) In this section, “specified” means specified by the court in  the order.
(9) In Scotland the specified person must be selected by the cou rt from a list set out
in an order made for the purposes of this section by the Scotti sh Ministers.
(10) A person who without reasonable excuse includes false or mi sleading
information in a report, or otherwise fails to comply with any requirement of
this section, is guilty of an offence and is liable on summary conviction to—
(a) imprisonment for a term not exceeding—
(i) in England and Wales, 51 weeks,
(ii) in Scotland, 12 months,
(iii) in Northern Ireland, 6 months, or
(b) a fine not exceeding level 5 on the standard scale,
or to both.
80 Financial reporting orders: variation and revocation
(1) An application for variation or revocation of a financial re porting order may be
made by—
(a) the person in respect of whom it has been made,
(b) the person to whom reports are to be made under it (see sect ion 79(6)).Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 3 — Financial reporting orders50
(2) The application must be made to the court which made the ord er.
(3) But if the order was made on appeal, the application must be  made to the court
which originally sentenced the person in respect of whom the or der was made.
(4) If (in either case) that court was a magistrates’ court, the  application may be
made to any magistrates’ court acting in the same local justice  area (or in
Northern Ireland for the same county court division) as that co urt.
(5) Subsections (3) and (4) do not apply to Scotland.
81 Financial reporting orders: verification and disclosure
(1) In this section, “the specified person” means the person to whom reports under
a financial reporting order are to be made.
(2) The specified person may, for the purpose of doing either of  the things
mentioned in subsection (4), disclose a report to any person wh o he reasonably
believes may be able to contribute to doing either of those thi ngs.
(3) Any other person may disclose information to—
(a) the specified person, or
(b) a person to whom the specified person has disclosed a report ,
for the purpose of contributing to doing either of the things m entioned in
subsection (4).
(4) The things mentioned in subsections (2) and (3) are—
(a) checking the accuracy of the report or of any other report m ade
pursuant to the same order,
(b) discovering the true position.
(5) The specified person may also disclose a report for the purp oses of—
(a) the prevention, detection, investigation or prosecution of c riminal
offences, whether in the United Kingdom or elsewhere,
(b) the prevention, detection or investigation of conduct for wh ich
penalties other than criminal penalties are provided under the law of
any part of the United Kingdom or of any country or territory o utside
the United Kingdom.
(6) A disclosure under this section does not breach—
(a) any obligation of confidence owed by the person making the
disclosure, or
(b) any other restriction on the disclosure of information (howe ver
imposed).
(7) But nothing in this section authorises a disclosure, in cont ravention of any
provisions of the Data Protection Act 1998 (c. 29), of personal data which are
not exempt from those provisions.
(8) In this section, references to a report include any of its c ontents, any document
included with the report, or any of the contents of such a docu ment.Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 4 — Protection of witnesses and other persons51
CHAPTER  4
PROTECTION  OF WITNESSES  AND  OTHER  PERSONS
82 Protection of persons involved in investigations or proceedin gs
(1) A protection provider may make such arrangements as he consi ders
appropriate for the purpose of protecting a person of a descrip tion specified in
Schedule 5 if—
(a) the protection provider considers that the person’s safety i s at risk by
virtue of his being a person of a description so specified, and
(b) the person is ordinarily resident in the United Kingdom.
(2) A protection provider may vary or cancel any arrangements ma de by him
under subsection (1) if he considers it appropriate to do so.
(3) If a protection provider makes arrangements under subsection  (1) or cancels
arrangements made under that subsection, he must record that he  has done so. 
(4) 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—
(a) the nature and extent of the risk to the person’s safety,
(b) the cost of the arrangements,
(c) the likelihood that the person, and any person associated wi th him, will
be able to adjust to any change in their circumstances which ma y arise
from the making of the arrangements or from their variation orcancellation (as the case may be), and
(d) 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 t he
importance of his being a witness in those proceedings.
(5) A protection provider is—
(a) a chief officer of a police force in England and Wales;
(b) a chief constable of a police force in Scotland;
(c) the Chief Constable of the Police Service of Northern Irelan d;
(d) the Director General of SOCA;
(e) any of the Commissioners for Her Majesty’s Revenue and Custo ms;
(f) the Director of the Scottish Drug Enforcement Agency;
(g) a person designated by a person mentioned in any of the prec eding
paragraphs to exercise his functions under this section. 
(6) The Secretary of State may, after consulting the Scottish Mi nisters, by order
amend Schedule 5 so as to add, modify or omit any entry.
(7) Nothing in this section affects any power which a person has  (otherwise than
by virtue of this section) to make arrangements for the protect ion of another
person.
83 Joint arrangements
(1) Arrangements may be made under section 82(1) by two or more protection
providers acting jointly.Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 4 — Protection of witnesses and other persons52
(2) If arrangements are made jointly by virtue of subsection (1) , any powers
conferred on a protection provider by this Chapter are exercisa ble in relation
to the arrangements by—
(a) all of the protection providers acting together, or
(b) one of the protection providers, or some of the protection p roviders
acting together, with the agreement of the others. 
(3) Nothing in this section or in section 84 affects any power w hich a protection
provider has to request or obtain assistance from another prote ction provider.
84 Transfer of responsibility to other protection provider
(1) A protection provider who makes arrangements under section 8 2(1) may agree
with another protection provider that, as from a date specified  in the
agreement—
(a) the protection provider will cease to discharge any responsi bilities
which he has in relation to the arrangements, and
(b) the other protection provider will discharge those responsib ilities
instead.
(2) Any such agreement may include provision for the making of p ayments in
respect of any costs incurred or likely to be incurred in conse quence of the
agreement.
(3) If an agreement is made under subsection (1), any powers con ferred on a
protection provider by this Chapter (including the power confer red by
subsection (1)) are, as from the date specified in the agreemen t, exercisable by
the other protection provider as if he had made the arrangement s under
section 82(1).
(4) Each protection provider who makes an agreement under subsec tion (1) must
record that he has done so.
85 Duty to assist protection providers
(1) This section applies if a protection provider requests assis tance from a public
authority in connection with the making of arrangements under s ection 82(1)
or the implementation, variation or cancellation of such arrang ements.
(2) The public authority must take reasonable steps to provide t he assistance
requested.
(3) “Public authority” includes any person certain of whose func tions are of a
public nature but does not include—
(a) a court or tribunal,
(b) either House of Parliament or a person exercising functions in
connection with proceedings in Parliament, or
(c) the Scottish Parliament or a person exercising functions in connection
with proceedings in the Scottish Parliament.
86 Offence of disclosing information about protection arrangemen ts 
(1) A person commits an offence if—Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 4 — Protection of witnesses and other persons53
(a) he discloses information which relates to the making of arra ngements
under section 82(1) or to the implementation, variation or canc ellation
of such arrangements, and
(b) he knows or suspects that the information relates to the mak ing of such
arrangements or to their implementation, variation or cancellat ion.
(2) A person who commits an offence under this section is liable —
(a) on conviction on indictment, to imprisonment for a term not exceeding
two years, to a fine or to both;
(b) on summary conviction, to imprisonment for a term not exceed ing 12
months, to a fine not exceeding the statutory maximum or to bot h.
(3) In the application of this section to Scotland or Northern I reland, the reference
in subsection (2)(b) to 12 months is to be read as a reference to 6 months.
87 Defences to liability under section 86
(1) A person (P) is not guilty of an offence under section 86 if —
(a) at the time when P disclosed the information, he was or had been a
protected person,
(b) the information related only to arrangements made for the pr otection
of P or for the protection of P and a person associated with hi m, and
(c) at the time when P disclosed the information, it was not lik ely that its
disclosure would endanger the safety of any person.
(2) A person (D) is not guilty of an offence under section 86 if —
(a) D disclosed the information with the agreement of a person ( P) who, at
the time the information was disclosed, was or had been a prote cted
person,
(b) the information related only to arrangements made for the pr otection
of P or for the protection of P and a person associated with hi m, and
(c) at the time when D disclosed the information, it was not lik ely that its
disclosure would endanger the safety of any person.
( 3 ) A  p e r s o n  i s  n o t  g u i l t y  o f  a n  o f f e n c e  u n d e r  s e c t i o n  8 6  i f  h e  disclosed the
information for the purposes of safeguarding national security or for the
purposes of the prevention, detection or investigation of crime .
(4) A person is not guilty of an offence under section 86 if—
(a) at the time when he disclosed the information, he was a prot ection
provider or involved in the making of arrangements under sectio n
82(1) or in the implementation, variation or cancellation of su ch
arrangements, and
(b) he disclosed the information for the purposes of the making,
implementation, variation or cancellation of such arrangements.
(5) The Secretary of State may by order make provision prescribi ng circumstances
in which a person who discloses information as mentioned in sec tion 86(1) is
not guilty in England and Wales or in Northern Ireland of an of fence under that
section.
(6) The Scottish Ministers may by order make provision prescribi ng circumstances
in which a person who discloses information as mentioned in sec tion 86(1) is
not guilty in Scotland of an offence under that section.Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 4 — Protection of witnesses and other persons54
(7) If sufficient evidence is adduced to raise an issue with res pect to a defence
u n d e r  o r  b y  v i r t u e  o f  t h i s  s e c t i o n ,  t h e  c o u r t  o r  j u r y  m u s t  a s s u me that the
defence is satisfied unless the prosecution proves beyond reaso nable doubt
that it is not.
88 Offences of disclosing information relating to persons assumi ng new identity
(1) A person (P) commits an offence if—
(a) P is or has been a protected person,
(b) P assumed a new identity in pursuance of arrangements made u nder
section 82(1),
(c) P discloses information which indicates that he assumed, or might have
assumed, a new identity, and
(d) P knows or suspects that the information disclosed by him in dicates
that he assumed, or might have assumed, a new identity.
(2) A person (D) commits an offence if—
(a) D discloses information which relates to a person (P) who is  or has been
a protected person,
(b) P assumed a new identity in pursuance of arrangements made u nder
section 82(1),
(c) the information disclosed by D indicates that P assumed, or might have
assumed, a new identity, and
(d) D knows or suspects—
(i) that P is or has been a protected person, and
(ii) that the information disclosed by D indicates that P assume d, or
might have assumed, a new identity.
(3) A person who commits an offence under this section is liable —
(a) on conviction on indictment, to imprisonment for a term not exceeding
two years, to a fine or to both;
(b) on summary conviction, to imprisonment for a term not exceed ing 12
months, to a fine not exceeding the statutory maximum or to bot h.
(4) In the application of this section to Scotland or Northern I reland, the reference
in subsection (3)(b) to 12 months is to be read as a reference to 6 months.
89 Defences to liability under section 88
(1) 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 en danger the safety
of any person.
(2) D is not guilty of an offence under section 88(2) if—
(a) D disclosed the information with the agreement of P, and
(b) at the time when D disclosed the information, it was not lik ely that its
disclosure would endanger the safety of any person.
(3) D is not guilty of an offence under section 88(2) if he disc losed the information
for the purposes of safeguarding national security or for the p urposes of the
prevention, detection or investigation of crime.
(4) D is not guilty of an offence under section 88(2) if—Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 4 — Protection of witnesses and other persons55
(a) at the time when he disclosed the information, he was a prot ection
provider or involved in the making of arrangements under sectio n
82(1) or in the implementation, variation or cancellation of su ch
arrangements, and
(b) he disclosed the information for the purposes of the making,
implementation, variation or cancellation of such arrangements.
(5) The Secretary of State may by order make provision prescribi ng circumstances
in which a person who discloses information as mentioned in sub section (1) or
(2) of section 88 is not guilty in England and Wales or in Nort hern Ireland of an
offence under that subsection.
(6) The Scottish Ministers may by order make provision prescribi ng circumstances
in which a person who discloses information as mentioned in sub section (1) or
(2) of section 88 is not guilty in Scotland of an offence under  that subsection.
(7) If sufficient evidence is adduced to raise an issue with res pect to a defence
u n d e r  o r  b y  v i r t u e  o f  t h i s  s e c t i o n ,  t h e  c o u r t  o r  j u r y  m u s t  a s s u me that the
defence is satisfied unless the prosecution proves beyond reaso nable doubt
that it is not.
90 Protection from liability
(1) This section applies if—
(a) arrangements are made for the protection of a person under s ection
82(1), and
(b) the protected person assumes a new identity in pursuance of the
arrangements.
(2) No proceedings (whether civil or criminal) may be brought ag ainst a person to
whom this section applies in respect of the making by him of a false or
misleading representation if the representation—
(a) relates to the protected person, and
(b) is made solely for the purpose of ensuring that the arrangem ents made
for him to assume a new identity are, or continue to be, effect ive.
(3) The persons to whom this section applies are—
(a) the protected person;
(b) a person who is associated with the protected person;
(c) a protection provider;
(d) a person involved in the making of arrangements under sectio n 82(1) or
in the implementation, variation or cancellation of such arrang ements. 
91 Transitional provision
(1) This section applies to arrangements which were, at any time  before the
commencement of section 82, made by a protection provider, or a ny person
acting with his authority, for the purpose of protecting a pers on of a
description specified in Schedule 5.
(2) If the following three conditions are satisfied, the arrange ments are to be
treated as having been made by the protection provider under se ction 82(1).
(3) The first condition is that the protection provider could ha ve made the
arrangements under section 82(1) had it been in force at the ti me when the
arrangements were made.Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 4 — Protection of witnesses and other persons56
(4) The second condition is that the arrangements were in operat ion immediately
before the commencement of section 82.
(5) The third condition is that the protection provider determin es that it is
appropriate to treat the arrangements as having been made under  section
82(1).
(6) 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 sec tion 82 comes
into force.
(7) A protection provider must make a record of a determination under subsection
(5).
(8) Subsection (9) applies if—
(a) at any time before the commencement of section 82, arrangeme nts were
made by a person specified in subsection (11), or any person ac ting with
the authority of such a person, for the purpose of protecting a  person of
a description specified in Schedule 5, and
(b) functions in relation to the arrangements are, at any time b efore the end
of the period of six months mentioned in subsection (6), exerci sable by
a protection provider.
(9) The provision made by subsections (1) to (7) applies in rela tion to the
arrangements as if they had been made by the protection provide r.
(10) Accordingly, if the three conditions mentioned in subsectio ns (3) to (5) are
satisfied in relation to the arrangements, they are to be treat ed, by virtue of
subsection (2), as having been made by the protection provider under section
82(1).
(11) The persons specified in this subsection are—
(a) the Director General of the National Criminal Intelligence S ervice;
(b) the Director General of the National Crime Squad;
(c) any of the Commissioners of Her Majesty’s Customs and Excise .
92 Transitional provision: supplemental
(1) In this section—
(a) “the arrangements” are arrangements which are treated as hav ing been
made by a protection provider by virtue of section 91(2), and
(b)  “the relevant date” is the date of the record made by the p rotection
provider, in relation to the arrangements, in pursuance of sect ion 91(7).
(2) A person does not commit an offence under section 86(1) by d isclosing
information relating to the arrangements unless the information  is disclosed on
or after the relevant date.
( 3 ) B u t  i t  i s  i m m a t e r i a l  w h e t h e r  t h e  i n f o r m a t i o n  r e l a t e s  t o  s o m e thing done in
connection with the arrangements before or on or after the rele vant date.
(4) A person does not commit an offence under section 88(1) or ( 2) by disclosing
information relating to a person who assumed a new identity in pursuance of
the arrangements unless the information is disclosed on or afte r the relevant
date.Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 4 — Protection of witnesses and other persons57
(5) But it is immaterial whether the person assumed a new identi ty before or on or
after the relevant date.
(6) Section 90 applies in relation to a false or misleading repr esentation relating to
a person who assumed a new identity in pursuance of the arrange ments only
if the false or misleading representation is made on or after t he relevant date.
(7) But it is immaterial whether the person assumed a new identi ty before or on or
after the relevant date.
93 Provision of information
(1) This section applies if—
(a) a protection provider makes arrangements under section 82(1) , or
(b) a protection provider determines under section 91(5) that it  i s
appropriate to treat arrangements to which that section applies  a s
having been made under section 82(1).
(2) The protection provider must inform the person to whom the a rrangements
relate of the provisions of this Chapter as they apply in relat ion to the
arrangements.
(3) If the protection provider considers that the person would b e unable to
understand the information, by reason of his age or of any inca pacity, the
information must instead be given to a person who appears to th e protection
provider—
(a) to be interested in the welfare of the person to whom the ar rangements
relate, and
(b) to be the appropriate person to whom to give the information .
(4) If arrangements are made jointly under section 82(1) (by vir tue of section 83),
the protection providers involved in the arrangements must nomi nate one of
those protection providers to perform the duties imposed by thi s section.
94 Interpretation of Chapter 4
(1) This section applies for the purposes of this Chapter.
(2) “Protection provider” is to be construed in accordance with section 82.
(3) A person is a protected person if—
(a) arrangements have been made for his protection under subsect ion (1)
of section 82, and
(b) the arrangements have not been cancelled under subsection (2 ) of that
section.
(4) A person is associated with another person if any of the fol lowing apply—
(a) they are members of the same family;
(b) they live in the same household;
(c) they have lived in the same household.
(5) A person assumes a new identity if either or both of the fol lowing apply—
(a) he becomes known by a different name;
(b) he makes representations about his personal history or circu mstances
which are false or misleading.Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 4 — Protection of witnesses and other persons58
(6) A reference to a person who is a witness in legal proceeding s includes a
reference to a person who provides any information or any docum ent or other
thing which might be used in evidence in those proceedings or w hich (whether
or not admissible as evidence in those proceedings)—
(a) might tend to confirm evidence which will or might be admitt ed in
those proceedings,
(b) might be referred to in evidence given in those proceedings by another
witness, or
(c) might be used as the basis for any cross examination in the course of
those proceedings,
and a reference to a person who might be, or to a person who ha s been, a
witness in legal proceedings is to be construed accordingly.
(7) A reference to a person who is a witness in legal proceeding s does not include
a reference to a person who is an accused person in criminal pr oceedings
unless he is a witness for the prosecution and a reference to a  pe rs o n wh o
might be, or to a person who has been, a witness in legal proce edings is to be
construed accordingly.
(8) 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.
(9) “The Scottish Drug Enforcement Agency” and “the Director” of  that Agency
have the meanings given by section 42(2). 
CHAPTER  5
INTERNATIONAL  OBLIGATIONS
95 Enforcement of overseas forfeiture orders
In section 9 of the Criminal Justice (International Co-operatio n) Act 1990 (c. 5)
(enforcement of overseas forfeiture orders), for subsection (6)  (offences to
which section applies) substitute—
“(6) This section applies to any offence that corresponds to or is similar to—
(a) an offence under the law of England and Wales;
(b) an offence under the law of Scotland; or
(c) an offence under the law of Northern Ireland.”
96 Mutual assistance in freezing property or evidence
(1) The Secretary of State or the Scottish Ministers may by orde r make provision—
(a) for the purpose of implementing any obligation of the United  Kingdom
created or arising by or under the Decision or enabling any suc h
obligation to be implemented,
(b) for the purpose of enabling any rights enjoyed or to be enjo yed by the
United Kingdom under or by virtue of the Decision to be exercis ed, or
(c) for the purpose of dealing with matters arising out of or re lated to any
such obligation or rights.Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 5 — International obligations59
(2) In subsection (1) “the Decision” means Council Framework Dec ision 2003/
577/JHA of 22 July 2003 on the execution in the European Union of orders
freezing property or evidence.
(3) The provision that may be made under subsection (1) by the S ecretary of State
includes, subject to subsections (5) and (7), any provision (of  any extent) that
might be made by Act of Parliament.
(4) The provision that may be made under subsection (1) by the S cottish Ministers
includes, subject to subsections (6) and (7), any provision tha t might be made
by Act of the Scottish Parliament.
(5) The power conferred by subsection (1) on the Secretary of St ate does not
include power to make provision that would be within the legisl ative
competence of the Scottish Parliament if it were included in an  Act of that
Parliament.
(6) The power conferred by subsection (1) on the Scottish Minist ers is limited to
the making of provision that would be within the legislative co mpetence of the
Scottish Parliament if it were included in an Act of that Parli ament.
(7) The powers conferred by subsection (1) do not include power—
(a) to make any provision imposing or increasing taxation,
(b) to make any provision taking effect from a date earlier than  that of the
making of the instrument containing the provision,
(c) to confer any power to legislate by means of orders, rules, regulations
or other subordinate instrument, other than rules of procedure for a
court or tribunal, or
(d) to create criminal offences.
(8) Subsection (7)(c) does not preclude—
(a) the modification of a power to legislate conferred otherwise  than under
subsection (1), or
(b) the extension of any such power to purposes of the like natu re as those
for which it was conferred,
and a power to give directions as to matters of administration is not to be
regarded as a power to legislate within the meaning of subsecti on (7)(c).
CHAPTER  6
PROCEEDS  OF CRIME
97 Confiscation orders by magistrates’ courts
(1) The Secretary of State may by order make such provision as h e considers
appropriate for or in connection with enabling confiscation ord ers under— 
(a) Part 2 of the Proceeds of Crime Act 2002 (c. 29) (confiscatio n: England
and Wales), or
(b) Part 4 of that Act (confiscation: Northern Ireland),
to be made by magistrates’ courts in England and Wales or North ern Ireland
(as the case may be).
(2) But an order under subsection (1) may not enable such a conf iscation order to
be made by any magistrates’ court in respect of an amount excee ding £10,000.Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 6 — Proceeds of crime60
(3) An order under subsection (1) may amend, repeal, revoke or o therwise modify
any provision of Part 2 or 4 of the 2002 Act or any other enact ment relating to,
or to things done under or for the purposes of, either (or any provision) of those
Parts.
98 Civil recovery: freezing orders
(1) In the Proceeds of Crime Act 2002 (c. 29), after section 245 insert—
“Property freezing orders (England and Wales and Northern Irela nd)
245A Application for property freezing order
(1) Where the enforcement authority may take proceedings for a r ecovery
order in the High Court, the authority may apply to the court f or a
property freezing order (whether before or after starting theproceedings).
(2) A property freezing order is an order that—
(a) specifies or describes the property to which it applies, and
(b) subject to any exclusions (see section 245C(1)(b) and (2)),
prohibits any person to whose property the order applies fromin any way dealing with the property.
(3) An application for a property freezing order may be made wit hout
notice if the circumstances are such that notice of the applica tion would
prejudice any right of the enforcement authority to obtain a re covery
order in respect of any property.
(4) The court may make a property freezing order on an applicati on if it is
satisfied that the condition in subsection (5) is met and, wher e
applicable, that the condition in subsection (6) is met.
(5) The first condition is that there is a good arguable case—
(a) that the property to which the application for the order rel ates
is or includes recoverable property, and
(b) that, if any of it is not recoverable property, it is associ ated
property.
(6) The second condition is that, if—
(a) the property to which the application for the order relates
includes property alleged to be associated property, and
(b) the enforcement authority has not established the identity o f the
person who holds it,
the authority has taken all reasonable steps to do so.
245B Variation and setting aside of order
(1) The court may at any time vary or set aside a property freez ing order.
(2) If the court makes an interim receiving order that applies t o all of the
property to which a property freezing order applies, it must se t aside
the property freezing order.
(3) If the court makes an interim receiving order that applies t o some but
not all of the property to which a property freezing order appl ies, itSerious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 6 — Proceeds of crime61
must vary the property freezing order so as to exclude any prop erty to
which the interim receiving order applies.
(4) If the court decides that any property to which a property f reezing
order applies is neither recoverable property nor associated pr operty,
it must vary the order so as to exclude the property.
(5) Before exercising power under this Chapter to vary or set as ide a
property freezing order, the court must (as well as giving the parties to
the proceedings an opportunity to be heard) give such an opport unity
to any person who may be affected by its decision.
(6) Subsection (5) does not apply where the court is acting as r equired by
subsection (2) or (3).
245C Exclusions
(1) The power to vary a property freezing order includes (in par ticular)
power to make exclusions as follows—
(a) power to exclude property from the order, and
(b) power, otherwise than by excluding property from the order, to
make exclusions from the prohibition on dealing with theproperty to which the order applies.
(2) Exclusions from the prohibition on dealing with the property  to which
the order applies (other than exclusions of property from the o rder)
may also be made when the order is made.
(3) An exclusion may, in particular, make provision for the purp ose of
enabling any person—
(a) to meet his reasonable living expenses, or
(b) to carry on any trade, business, profession or occupation.
(4) An exclusion may be made subject to conditions.(5) Where the court exercises the power to make an exclusion for  the
purpose of enabling a person to meet legal expenses that he hasincurred, or may incur, in respect of proceedings under this Pa rt, it
must ensure that the exclusion—
(a) is limited to reasonable legal expenses that the person has
reasonably incurred or that he reasonably incurs,
(b) specifies the total amount that may be released for legal
expenses in pursuance of the exclusion, and
(c) is made subject to the required conditions (see section 286A ) in
addition to any conditions imposed under subsection (4).
(6) The court, in deciding whether to make an exclusion for the purpose of
enabling a person to meet legal expenses of his in respect ofproceedings under this Part—
(a) must have regard (in particular) to the desirability of the person
being represented in any proceedings under this Part in whichhe is a participant, and
(b) must, where the person is the respondent, disregard the
possibility that legal representation of the person in any suchproceedings might, were an exclusion not made, be funded bythe Legal Services Commission or the Northern Ireland LegalServices Commission.Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 6 — Proceeds of crime62
(7) If excluded property is not specified in the order it must b e described
in the order in general terms.
(8) The power to make exclusions must, subject to subsection (6) , be
exercised with a view to ensuring, so far as practicable, that the
satisfaction of any right of the enforcement authority to recov er the
property obtained through unlawful conduct is not unduly prejud iced.
(9) Subsection (8) does not apply where the court is acting as r equired by
section 245B(3) or (4).
245D Restriction on proceedings and remedies
(1) While a property freezing order has effect—
(a) the court may stay any action, execution or other legal proc ess
in respect of the property to which the order applies, and
(b) no distress may be levied against the property to which the
order applies except with the leave of the court and subject toany terms the court may impose.
(2) If a court (whether the High Court or any other court) in wh ich
proceedings are pending in respect of any property is satisfied  that a
property freezing order has been applied for or made in respect  of the
property, it may either stay the proceedings or allow them to c ontinue
on any terms it thinks fit.
(3) If a property freezing order applies to a tenancy of any pre mises, no
landlord or other person to whom rent is payable may exercise t he right
of forfeiture by peaceable re-entry in relation to the premises  in respect
of any failure by the tenant to comply with any term or conditi on of the
tenancy, except with the leave of the court and subject to any terms the
court may impose.
(4) Before exercising any power conferred by this section, the c ourt must
(as well as giving the parties to any of the proceedings concer ned an
opportunity to be heard) give such an opportunity to any person  who
may be affected by the court’s decision.”
(2) In the Proceeds of Crime Act 2002 (c. 29), after section 255 insert—
“Prohibitory property orders (Scotland)
255A Application for prohibitory property order
(1) Where the enforcement authority may take proceedings for a r ecovery
order in the Court of Session, the authority may apply to the c ourt for
a prohibitory property order (whether before or after starting the
proceedings).
(2) A prohibitory property order is an order that—
(a) specifies or describes the property to which it applies, and  
(b) subject to any exclusions (see section 255C(1)(b) and (2)),
prohibits any person to whose property the order applies fromin any way dealing with the property.
(3) An application for a prohibitory property order may be made without
notice if the circumstances are such that notice of the applica tion wouldSerious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 6 — Proceeds of crime63
prejudice any right of the enforcement authority to obtain a re covery
order in respect of any property.
(4) The court may make a prohibitory property order on an applic ation if
it is satisfied that the condition in subsection (5) is met and , where
applicable, that the condition in subsection (6) is met.
(5) The first condition is that there is a good arguable case—
(a) that the property to which the application for the order rel ates
is or includes recoverable property, and
(b) that, if any of it is not recoverable property, it is associ ated
property.
(6) The second condition is that, if—
(a) the property to which the application for the order relates
includes property alleged to be associated property, and 
(b) the enforcement authority has not established the identity o f the
person who holds it,
the authority has taken all reasonable steps to do so.
255B Variation and recall of prohibitory property order
(1) The court may at any time vary or recall a prohibitory prope rty order.
(2) If the court makes an interim administration order that appl ies to all of
the property to which a prohibitory property order applies, it must
recall the prohibitory property order.
(3) If the court makes an interim administration order that appl ies to some
but not all of the property to which a prohibitory property ord er
applies, it must vary the prohibitory property order so as to e xclude
any property to which the interim administration order applies.
(4) If the court decides that any property to which a prohibitor y property
order applies is neither recoverable property nor associated pr operty,
it must vary the order so as to exclude the property.
(5) Before exercising power under this Chapter to vary or recall  a
prohibitory property order, the court must (as well as giving t he parties
to the proceedings an opportunity to be heard) give such anopportunity to any person who may be affected by its decision.
(6) Subsection (5) does not apply where the court is acting as r equired by
subsection (2) or (3).
255C Exclusions
(1) The power to vary a prohibitory property order includes (in particular)
power to make exclusions as follows—
(a) power to exclude property from the order, and
(b) power, otherwise than by excluding property from the order, to
make exclusions from the prohibition on dealing with theproperty to which the order applies.
(2) Exclusions from the prohibition on dealing with the property  to which
the order applies (other than exclusions of property from the o rder)
may also be made when the order is made.Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 6 — Proceeds of crime64
(3) An exclusion may, in particular, make provision for the purp ose of
enabling any person—
(a) to meet his reasonable living expenses, or
(b) to carry on any trade, business, profession or occupation.
(4) An exclusion may be made subject to conditions.(5) An exclusion may not be made for the purpose of enabling any  person
to meet any legal expenses in respect of proceedings under this  Part.
(6) If excluded property is not specified in the order it must b e described
in the order in general terms.
(7) The power to make exclusions must be exercised with a view t o
ensuring, so far as practicable, that the satisfaction of any r ight of the
enforcement authority to recover the property obtained throughunlawful conduct is not unduly prejudiced.
(8) Subsection (7) does not apply where the court is acting as r equired by
section 255B(3) or (4).
255D Restriction on proceedings and remedies
(1) While a prohibitory property order has effect the court may sist any
action, execution or other legal process in respect of the prop erty to
which the order applies.
(2) If a court (whether the Court of Session or any other court)  in which
proceedings are pending in respect of any property is satisfied  that a
prohibitory property order has been applied for or made in resp ect of
the property, it may either sist the proceedings or allow them to
continue on any terms it thinks fit.
(3) Before exercising any power conferred by this section, the c ourt must
(as well as giving the parties to any of the proceedings concer ned an
opportunity to be heard) give such an opportunity to any person  who
may be affected by the court’s decision.
255E Arrestment of property affected by prohibitory property ord er
(1) On the application of the enforcement authority the Court of  Session
may, in relation to moveable recoverable property to which aprohibitory property order applies (whether generally or to suc h of it
as is specified in the application), grant warrant for arrestme nt.
(2) An application under subsection (1) may be made at the same time as
the application for the prohibitory property order or at any ti me
thereafter.
(3) Such a warrant for arrestment may be granted only if the pro perty
would be arrestable if the person entitled to it were a debtor.
(4) A warrant under subsection (1) has effect as if granted on t he
dependence of an action for debt at the instance of the enforce ment
authority against the person and may be executed, recalled, loo sed or
restricted accordingly.
(5) An arrestment executed under this section ceases to have eff ect when,
or in so far as, the prohibitory property order ceases to apply  in respectSerious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 6 — Proceeds of crime65
of the property in relation to which the warrant for arrestment  was
granted.
(6) If an arrestment ceases to have effect to any extent by virt ue of
subsection (5) the enforcement authority must apply to the Cour t of
Session for an order recalling or, as the case may be, restrict ing the
arrestment.
255F Inhibition of property affected by prohibitory property ord er
(1) On the application of the enforcement authority, the Court o f Session
may, in relation to the property mentioned in subsection (2), g rant
warrant for inhibition against any person specified in a prohib itory
property order.
(2) That property is heritable property situated in Scotland to which the
prohibitory property order applies (whether generally or to suc h of it
as is specified in the application).
(3) The warrant for inhibition—
(a) has effect as if granted on the dependence of an action for debt
by the enforcement authority against the person and may beexecuted, recalled, loosed or restricted accordingly, and
(b) has the effect of letters of inhibition and must forthwith b e
registered by the enforcement authority in the register ofinhibitions and adjudications.
(4) Section 155 of the Titles to Land Consolidation (Scotland) A ct 1868
(c. 101) (effective date of inhibition) applies in relation to a n inhibition
for which warrant is granted under subsection (1) as it applies  to an
inhibition by separate letters or contained in a summons.
(5) An inhibition executed under this section ceases to have eff ect when, or
in so far as, the prohibitory property order ceases to apply in  respect of
the property in relation to which the warrant for inhibition wa s
granted.
(6) If an inhibition ceases to have effect to any extent by virt ue of
subsection (5) the enforcement authority must—
(a) apply for the recall or, as the case may be, the restriction  of the
inhibition, and
(b) ensure that the recall or restriction is reflected in the re gister of
inhibitions and adjudications.”
99 Civil recovery: interim receivers’ expenses etc.
(1) The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
(2) In section 280 (civil recovery orders: applying realised pro ceeds), after
subsection (2) insert—
“(3) The Director may apply a sum received by him under subsecti on (2) in
making payment of the remuneration and expenses of—
(a) the trustee, or
(b) any interim receiver appointed in, or in anticipation of, th e
proceedings for the recovery order.Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 6 — Proceeds of crime66
(4) Subsection (3)(a) does not apply in relation to the remunera tion of the
trustee if the trustee is a member of the staff of the Agency.”
(3) In section 284 (payment of interim administrator or trustee (Scotland))—
(a) the existing words become subsection (1), and
(b) after that subsection insert—
“(2) The Scottish Ministers may apply a sum received by them
under section 280(2) in making payment of such fees orexpenses.
(3) Subsection (2) does not apply in relation to the fees of a t rustee
for civil recovery if the trustee is a member of their staff.”
(4) In paragraph 5 of Schedule 1 (finances of the Assets Recover y Agency), after
sub-paragraph (1) (paragraph (b) of which provides for the expe nses of the
Director and staff of the Agency to be paid out of money provid ed by
Parliament) insert—
 “(1A) Sub-paragraph (1)(b) has effect subject to anything in th is Act.”
100 Detention of seized cash: meaning of “48 hours”
(1) 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.
(2) In section 295 (detention of seized cash, initially for 48 h ours), after subsection
(1) insert—
“(1A) The period of 48 hours mentioned in subsection (1) is to b e calculated
in accordance with subsection (1B).
(1B) In calculating a period of 48 hours in accordance with this  subsection,
no account shall be taken of—
(a) any Saturday or Sunday,
(b) Christmas Day,
(c) Good Friday,
(d) any day that is a bank holiday under the Banking and Financi al
Dealings Act 1971 in the part of the United Kingdom withinwhich the cash is seized, or
(e) any day prescribed under section 8(2) of the Criminal
Procedure (Scotland) Act 1995 as a court holiday in a sheriffcourt in the sheriff court district within which the cash isseized.”
(3) In sections 290(6), 296(1) and 302(2), after “48 hours” inse rt “(calculated in
accordance with section 295(1B))”.
101 Appeal in proceedings for forfeiture of cash
(1) For section 299 of the Proceeds of Crime Act 2002 (appeal ag ainst forfeiture ofSerious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 6 — Proceeds of crime67
cash) substitute—
“299 Appeal against decision under section 298
(1) Any party to proceedings for an order for the forfeiture of cash under
section 298 who is aggrieved by an order under that section or by the
decision of the court not to make such an order may appeal—
(a) in relation to England and Wales, to the Crown Court;
(b) in relation to Scotland, to the Sheriff Principal;
(c) in relation to Northern Ireland, to a county court.
(2) An appeal under subsection (1) must be made before the end o f the
period of 30 days starting with the day on which the court make s the
order or decision.
(3) The court hearing the appeal may make any order it thinks ap propriate.
(4) If the court upholds an appeal against an order forfeiting t he cash, it
may order the release of the cash.”
(2) 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.
102 Money laundering: defence where overseas conduct is legal un der local law
(1) In the Proceeds of Crime Act 2002 (c. 29), Part 7 (money laun dering) is
amended as follows.
(2) In section 327 (concealing etc.), after subsection (2) inser t—
“(2A) Nor does a person commit an offence under subsection (1) i f—
(a) he knows, or believes on reasonable grounds, that the releva nt
criminal conduct occurred in a particular country or territoryoutside the United Kingdom, and
(b) the relevant criminal conduct—
(i) was not, at the time it occurred, unlawful under the
criminal law then applying in that country or territory,and
(ii) is not of a description prescribed by an order made by
the Secretary of State.
(2B) In subsection (2A) “the relevant criminal conduct” is the c riminal
conduct by reference to which the property concerned is crimina l
property.”
(3) In section 328 (arrangements), after subsection (2) insert—
“(3) Nor does a person commit an offence under subsection (1) if —
(a) he knows, or believes on reasonable grounds, that the releva nt
criminal conduct occurred in a particular country or territoryoutside the United Kingdom, and
(b) the relevant criminal conduct—
(i) was not, at the time it occurred, unlawful under the
criminal law then applying in that country or territory,and
(ii) is not of a description prescribed by an order made by
the Secretary of State.Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 6 — Proceeds of crime68
(4) In subsection (3) “the relevant criminal conduct” is the cri minal conduct
by reference to which the property concerned is criminal proper ty.”
(4) In section 329 (acquisition, use and possession), after subs ection (2) insert—
“(2A) Nor does a person commit an offence under subsection (1) i f—
(a) he knows, or believes on reasonable grounds, that the releva nt
criminal conduct occurred in a particular country or territoryoutside the United Kingdom, and
(b) the relevant criminal conduct—
(i) was not, at the time it occurred, unlawful under the
criminal law then applying in that country or territory,and
(ii) is not of a description prescribed by an order made by
the Secretary of State.
(2B) In subsection (2A) “the relevant criminal conduct” is the c riminal
conduct by reference to which the property concerned is crimina l
property.”
(5) In section 330 (failure to disclose: regulated sector), afte r subsection (7) insert—
“(7A) Nor does a person commit an offence under this section if—
(a) he knows, or believes on reasonable grounds, that the money
laundering is occurring in a particular country or territoryoutside the United Kingdom, and
(b) the money laundering—
(i) is not unlawful under the criminal law applying in that
country or territory, and
(ii) is not of a description prescribed in an order made by
the Secretary of State.”
(6) In section 331 (failure to disclose: nominated officers in t he regulated sector),
after subsection (6) insert—
“(6A) Nor does a person commit an offence under this section if—
(a) he knows, or believes on reasonable grounds, that the money
laundering is occurring in a particular country or territoryoutside the United Kingdom, and
(b) the money laundering—
(i) is not unlawful under the criminal law applying in that
country or territory, and
(ii) is not of a description prescribed in an order made by
the Secretary of State.”
(7) In section 332 (failure to disclose: other nominated officer s), after subsection (6)
insert—
“(7) Nor does a person commit an offence under this section if—
(a) he knows, or believes on reasonable grounds, that the money
laundering is occurring in a particular country or territoryoutside the United Kingdom, and
(b) the money laundering—
(i) is not unlawful under the criminal law applying in that
country or territory, andSerious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 6 — Proceeds of crime69
(ii) is not of a description prescribed in an order made by
the Secretary of State.”
103 Money laundering: threshold amounts
(1) The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
(2) In section 327 (concealing etc.), after subsection (2B) (whi ch is inserted by
section 102 of this Act) insert—
“(2C) A deposit-taking body that does an act mentioned in paragr aph (c) or
(d) of subsection (1) does not commit an offence under that sub section
if—
(a) it does the act in operating an account maintained with it, and
(b) the value of the criminal property concerned is less than th e
threshold amount determined under section 339A for the act.”
(3) In section 328 (arrangements), after subsection (4) (which i s inserted by section
102 of this Act) insert—
“(5) A deposit-taking body that does an act mentioned in subsect ion (1)
does not commit an offence under that subsection if—
(a) it does the act in operating an account maintained with it, and
(b) the arrangement facilitates the acquisition, retention, use or
control of criminal property of a value that is less than thethreshold amount determined under section 339A for the act.”
(4) In section 329 (acquisition, use and possession), after subs ection (2B) (which is
inserted by section 102 of this Act) insert—
“(2C) A deposit-taking body that does an act mentioned in subsec tion (1)
does not commit an offence under that subsection if—
(a) it does the act in operating an account maintained with it, and
(b) the value of the criminal property concerned is less than th e
threshold amount determined under section 339A for the act.”
(5) In Part 7 (money laundering), after section 339 insert—
“Threshold amounts
339A Threshold amounts
(1) This section applies for the purposes of sections 327(2C), 3 28(5) and
329(2C).
(2) The threshold amount for acts done by a deposit-taking body in
operating an account is £250 unless a higher amount is specifie d under
the following provisions of this section (in which event it is that higher
amount).
(3) An officer of Revenue and Customs, or a constable, may speci fy the
threshold amount for acts done by a deposit-taking body in oper ating
an account— 
(a) when he gives consent, or gives notice refusing consent, to the
deposit-taking body’s doing of an act mentioned in section327(1), 328(1) or 329(1) in opening, or operating, the account or
a related account, orSerious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 6 — Proceeds of crime70
(b) on a request from the deposit-taking body.
(4) Where the threshold amount for acts done in operating an acc ount is
specified under subsection (3) or this subsection, an officer o f Revenue
and Customs, or a constable, may vary the amount (whether on arequest from the deposit-taking body or otherwise) by specifyin g a
different amount.
(5) Different threshold amounts may be specified under subsectio ns (3)
and (4) for different acts done in operating the same account.
(6) The amount specified under subsection (3) or (4) as the thre shold
amount for acts done in operating an account must, when specifi ed, not
be less than the amount specified in subsection (2).
(7) The Secretary of State may by order vary the amount for the time being
specified in subsection (2).
(8) For the purposes of this section, an account is related to a nother if each
is maintained with the same deposit-taking body and there is a person
who, in relation to each account, is the person or one of the p ersons
entitled to instruct the body as respects the operation of the account.”
(6) In section 340 (interpretation of Part 7), after subsection (13) insert—
“(14) “Deposit-taking body” means—
(a) a business which engages in the activity of accepting deposi ts,
or
(b) the National Savings Bank.”
(7) In section 459(4)(a) and (6)(a) (provision for certain order s to be subject to
affirmative procedure), after “309,” insert “339A(7),”.
104 Money laundering: disclosures to identify persons and proper ty
(1) In the Proceeds of Crime Act 2002 (c. 29), Part 7 (money laun dering) is
amended as follows.
(2) In section 330(1) (regulated sector: failure to disclose: of fence committed if
three conditions satisfied), for “each of the following three c onditions is
satisfied” substitute “the conditions in subsections (2) to (4)  are satisfied”.
(3) For section 330(4) to (6) (the required disclosure) substitu te—
“(3A) The third condition is—
(a) that he can identify the other person mentioned in subsectio n
(2) or the whereabouts of any of the laundered property, or
(b) that he believes, or it is reasonable to expect him to belie ve, that
the information or other matter mentioned in subsection (3) wil l
or may assist in identifying that other person or thewhereabouts of any of the laundered property.
(4) The fourth condition is that he does not make the required d isclosure
to—
(a) a nominated officer, or
(b) a person authorised for the purposes of this Part by the Dir ector
General of the Serious Organised Crime Agency,Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 6 — Proceeds of crime71
as soon as is practicable after the information or other matter
mentioned in subsection (3) comes to him.
(5) The required disclosure is a disclosure of—
(a) the identity of the other person mentioned in subsection (2) , if
he knows it,
(b) the whereabouts of the laundered property, so far as he know s
it, and
(c) the information or other matter mentioned in subsection (3).
(5A) The laundered property is the property forming the subject- matter of
the money laundering that he knows or suspects, or has reasonab le
grounds for knowing or suspecting, that other person to be enga ged in.
(6) But he does not commit an offence under this section if—
(a) he has a reasonable excuse for not making the required
disclosure, 
(b) he is a professional legal adviser and—
(i) if he knows either of the things mentioned in subsection
(5)(a) and (b), he knows the thing because of informationor other matter that came to him in privilegedcircumstances, or
(ii) the information or other matter mentioned in subsection
(3) came to him in privileged circumstances, or
(c) subsection (7) applies to him.”
(4) For section 331(4) to (6) (failure to disclose: nominated of ficers in the regulated
sector: the required disclosure) substitute—
“(3A) The third condition is—
(a) that he knows the identity of the other person mentioned in
subsection (2), or the whereabouts of any of the launderedproperty, in consequence of a disclosure made under section330,
(b) that that other person, or the whereabouts of any of the
laundered property, can be identified from the information orother matter mentioned in subsection (3), or
(c) that he believes, or it is reasonable to expect him to belie ve, that
the information or other matter will or may assist in identifyi ng
that other person or the whereabouts of any of the launderedproperty.
(4) The fourth condition is that he does not make the required d isclosure
to a person authorised for the purposes of this Part by the Dir ector
General of the Serious Organised Crime Agency as soon as ispracticable after the information or other matter mentioned insubsection (3) comes to him.
(5) The required disclosure is a disclosure of—
(a) the identity of the other person mentioned in subsection (2) , if
disclosed to him under section 330,
(b) the whereabouts of the laundered property, so far as disclos ed
to him under section 330, and
(c) the information or other matter mentioned in subsection (3).Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 6 — Proceeds of crime72
(5A) The laundered property is the property forming the subject- matter of
the money laundering that he knows or suspects, or has reasonab le
grounds for knowing or suspecting, that other person to be enga ged in.
(6) But he does not commit an offence under this section if he h as a
reasonable excuse for not making the required disclosure.”
(5) In section 332(3) (failure to disclose: other nominated offi cers: the second
condition), for “section 337 or 338” substitute “the applicable  section”.
(6) For section 332(4) to (6) (the required disclosure) substitu te—
“(3A) The third condition is—
(a) that he knows the identity of the other person mentioned in
subsection (2), or the whereabouts of any of the launderedproperty, in consequence of a disclosure made under theapplicable section,
(b) that that other person, or the whereabouts of any of the
laundered property, can be identified from the information orother matter mentioned in subsection (3), or
(c) that he believes, or it is reasonable to expect him to belie ve, that
the information or other matter will or may assist in identifyi ng
that other person or the whereabouts of any of the launderedproperty.
(4) The fourth condition is that he does not make the required d isclosure
to a person authorised for the purposes of this Part by the Dir ector
General of the Serious Organised Crime Agency as soon as ispracticable after the information or other matter mentioned insubsection (3) comes to him.
(5) The required disclosure is a disclosure of—
(a) the identity of the other person mentioned in subsection (2) , if
disclosed to him under the applicable section,
(b) the whereabouts of the laundered property, so far as disclos ed
to him under the applicable section, and
(c) the information or other matter mentioned in subsection (3).
(5A) The laundered property is the property forming the subject- matter of
the money laundering that he knows or suspects that other perso n to be
engaged in.
(5B) The applicable section is section 337 or, as the case may b e, section 338.
(6) But he does not commit an offence under this section if he h as a
reasonable excuse for not making the required disclosure.”
(7) In section 337 (protected disclosures), after subsection (4)  insert—
“(4A) Where a disclosure consists of a disclosure protected unde r subsection
(1) and a disclosure of either or both of—
(a) the identity of the other person mentioned in subsection (3) , and
(b) the whereabouts of property forming the subject-matter of th e
money laundering that the discloser knows or suspects, or hasreasonable grounds for knowing or suspecting, that otherperson to be engaged in,Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 6 — Proceeds of crime73
the disclosure of the thing mentioned in paragraph (a) or (b) ( as well as
the disclosure protected under subsection (1)) is not to be tak en to
breach any restriction on the disclosure of information (howeve r
imposed).”
105 Money laundering: form and manner of disclosures
(1) In the Proceeds of Crime Act 2002 (c. 29), Part 7 (money laun dering) is
amended as follows.
(2) In each of sections 330(9)(b), 337(5)(b) and 338(5)(b) (disc losure to nominated
officer is ineffective if employer’s procedures not followed), omit “and in
accordance with the procedure established by the employer for t he purpose”.
(3) In section 334 (penalties), after subsection (2) insert—
“(3) A person guilty of an offence under section 339(1A) is liab le on
summary conviction to a fine not exceeding level 5 on the stand ard
scale.”
(4) 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.
(5) In section 339 (form and manner of disclosures), for subsect ions (2) and (3)
substitute—
“(1A) A person commits an offence if he makes a disclosure under  section
330, 331, 332 or 338 otherwise than in the form prescribed unde r
subsection (1) or otherwise than in the manner so prescribed.
(1B) But a person does not commit an offence under subsection (1 A) if he
has a reasonable excuse for making the disclosure otherwise tha n in the
form prescribed under subsection (1) or (as the case may be) ot herwise
than in the manner so prescribed.
(2) The power under subsection (1) to prescribe the form in whic h a
disclosure must be made includes power to provide for the form to
include a request to a person making a disclosure that the pers on
provide information specified or described in the form if he ha s not
provided it in making the disclosure.
(3) Where under subsection (2) a request is included in a form p rescribed
under subsection (1), the form must—
(a) state that there is no obligation to comply with the request , and
(b) explain the protection conferred by subsection (4) on a pers on
who complies with the request.”
106 Money laundering: miscellaneous amendments
(1) In the Proceeds of Crime Act 2002, Part 7 (money laundering)  is amended as
follows.
(2) In section 330 (regulated sector: failure to disclose), afte r subsection (9) insert—
“(9A) But a disclosure which satisfies paragraphs (a) and (b) of  subsection (9)
is not to be taken as a disclosure to a nominated officer if th e person
making the disclosure—
(a) is a professional legal adviser,Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 6 — Proceeds of crime74
(b) makes it for the purpose of obtaining advice about making a
disclosure under this section, and
(c) does not intend it to be a disclosure under this section.”
(3) In section 337(5)(a) (disclosure to person nominated to rece ive disclosures
under section 337), after “disclosures under” insert “section 3 30 or”.
(4) In section 338(1)(c) (first or second condition must be sati sfied for disclosure to
be authorised), for “or second” substitute “, second or third”.
(5) In section 338 (authorised disclosures), after subsection (2 ) insert—
“(2A) The second condition is that—
(a) the disclosure is made while the alleged offender is doing t he
prohibited act,
(b) he began to do the act at a time when, because he did not th en
know or suspect that the property constituted or represented aperson’s benefit from criminal conduct, the act was not aprohibited act, and
(c) the disclosure is made on his own initiative and as soon as is
practicable after he first knows or suspects that the propertyconstitutes or represents a person’s benefit from criminalconduct.”
(6) In section 338(3) (the second condition), for “second” subst itute “third”.
107 Money laundering offences
(1) The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
(2) In section 364 (meaning of customer information) in subsecti on (5)—
(a) after paragraph (a) insert—
“(aa) constitutes an offence specified in section 415(1A) of thi s
Act,”;
(b) in paragraph (b) after “paragraph (a)” insert “or (aa)”.
(3) In section 398 (meaning of customer information: Scotland) i n subsection (5)—
(a) after paragraph (a) insert—
“(aa) constitutes an offence specified in section 415(1A) of thi s
Act,”;
(b) in paragraph (b) after “paragraph (a)” insert “or (aa)”.
(4) In section 415 (money laundering offences) after subsection (1) insert—
“(1A) Each of the following is a money laundering offence—
(a) an offence under section 93A, 93B or 93C of the Criminal Jus tice
Act 1988;
(b) an offence under section 49, 50 or 51 of the Drug Traffickin g Act
1994;
(c) an offence under section 37 or 38 of the Criminal Law
(Consolidation) (Scotland) Act 1995;
(d) an offence under article 45, 46 or 47 of the Proceeds of Cri me
(Northern Ireland) Order 1996.”Serious Organised Crime and Police Act 2005 (c. 15)
Part 2 — Investigations, prosecutions, proceedings and proceeds  of crime
Chapter 6 — Proceeds of crime75
108 International co-operation
(1) Part 11 of the Proceeds of Crime Act 2002 (c. 29) (co-operati on) is amended as
follows.
(2) In section 444 (external requests and orders), for subsectio n (3)(a) (Order under
the section may include provision about the functions of the Se cretary of State,
the Lord Advocate, the Scottish Ministers and the Director of t he Assets
Recovery Agency) substitute—
“(a) provision about the functions of any of the listed persons in
relation to external requests and orders;”.
(3) In that section, after subsection (3) insert—
“(4) For the purposes of subsection (3)(a) “the listed persons” are—
(a) the Secretary of State;
(b) the Lord Advocate;
(c) the Scottish Ministers;
(d) the Director;
(e) the Director of Public Prosecutions;
(f) the Director of Public Prosecutions for Northern Ireland;
(g) the Director of the Serious Fraud Office; and
(h) the Director of Revenue and Customs Prosecutions.”
(4) In section 447(3) (meaning of “external investigation”), aft er paragraph (a)
insert—
“(aa) the extent or whereabouts of property obtained as a result  of or
in connection with criminal conduct, or”.
109 Minor and consequential amendments relating to Chapter 6
Schedule 6, which contains minor and consequential amendments r elating to
provisions of this Chapter, has effect.
PART 3
POLICE  POWERS  ETC.
Powers of arrest
110 Powers of arrest
(1) For section 24 of PACE (arrest without warrant for arrestabl e offences)
substitute—
“24 Arrest without warrant: constables
(1) A constable may arrest without a warrant—
(a) anyone who is about to commit an offence;
(b) anyone who is in the act of committing an offence;
(c) anyone whom he has reasonable grounds for suspecting to be
about to commit an offence;
(d) anyone whom he has reasonable grounds for suspecting to be
committing an offence.Serious Organised Crime and Police Act 2005 (c. 15)
Part 3 — Police powers etc.76
(2) If a constable has reasonable grounds for suspecting that an  offence has
been committed, he may arrest without a warrant anyone whom he has
reasonable grounds to suspect of being guilty of it.
(3) If an offence has been committed, a constable may arrest wit hout a
warrant—
(a) anyone who is guilty of the offence;
(b) anyone whom he has reasonable grounds for suspecting to be
guilty of it.
(4) But the power of summary arrest conferred by subsection (1),  (2) or (3)
is exercisable only if the constable has reasonable grounds for  believing
that for any of the reasons mentioned in subsection (5) it is n ecessary to
arrest the person in question.
(5) The reasons are—
(a) to enable the name of the person in question to be ascertain ed
(in the case where the constable does not know, and cannotreadily ascertain, the person’s name, or has reasonable groundsfor doubting whether a name given by the person as his nameis his real name);
(b) correspondingly as regards the person’s address;
(c) to prevent the person in question—
(i) causing physical injury to himself or any other person;
(ii) suffering physical injury;
(iii) causing loss of or damage to property;
(iv) committing an offence against public decency (subject to
subsection (6)); or
(v) causing an unlawful obstruction of the highway;
(d) to protect a child or other vulnerable person from the perso n in
question;
(e) to allow the prompt and effective investigation of the offen ce or
of the conduct of the person in question;
(f) to prevent any prosecution for the offence from being hinder ed
by the disappearance of the person in question.
(6) Subsection (5)(c)(iv) applies only where members of the publ ic going
about their normal business cannot reasonably be expected to av oid the
person in question.
24A Arrest without warrant: other persons
(1) A person other than a constable may arrest without a warrant —
(a) anyone who is in the act of committing an indictable offence ;
(b) anyone whom he has reasonable grounds for suspecting to be
committing an indictable offence.
(2) Where an indictable offence has been committed, a person oth er than a
constable may arrest without a warrant—
(a) anyone who is guilty of the offence;
(b) anyone whom he has reasonable grounds for suspecting to be
guilty of it.
(3) But the power of summary arrest conferred by subsection (1) or (2) is
exercisable only if—Serious Organised Crime and Police Act 2005 (c. 15)
Part 3 — Police powers etc.77
(a) the person making the arrest has reasonable grounds for
believing that for any of the reasons mentioned in subsection ( 4)
it is necessary to arrest the person in question; and
(b) it appears to the person making the arrest that it is not
reasonably practicable for a constable to make it instead.
(4) The reasons are to prevent the person in question—
(a) causing physical injury to himself or any other person;
(b) suffering physical injury;
(c) causing loss of or damage to property; or
(d) making off before a constable can assume responsibility for
him.”
(2) Section 25 of PACE (general arrest conditions) shall cease t o have effect.
(3) In section 66 of PACE (codes of practice), in subsection (1) (a)—
(a) omit “or” at the end of sub-paragraph (i),
(b) at the end of sub-paragraph (ii) insert “or
(iii) to arrest a person;”
(4) The sections 24 and 24A of PACE substituted by subsection (1 ) are to have
effect in relation to any offence whenever committed.
111 Powers of arrest: supplementary
Schedule 7, which supplements section 110 by providing for the repeal of
certain enactments (including some which are spent) and by maki ng further
supplementary provision, has effect.
Exclusion zones
112 Power to direct a person to leave a place
(1) A constable may direct a person to leave a place if he belie ves, on reasonable
grounds, that the person is in the place at a time when he woul d be prohibited
from entering it by virtue of—
(a) an order to which subsection (2) applies, or
(b) a condition to which subsection (3) applies.
(2) This subsection applies to an order which—
(a) was made, by virtue of any enactment, following the person’s
conviction of an offence, and
(b) prohibits the person from entering the place or from doing s o during a
period specified in the order.
(3) This subsection applies to a condition which—
(a) was imposed, by virtue of any enactment, as a condition of t he person’s
release from a prison in which he was serving a sentence ofimprisonment following his conviction of an offence, and
(b) prohibits the person from entering the place or from doing s o during a
period specified in the condition.
(4) A direction under this section may be given orally.Serious Organised Crime and Police Act 2005 (c. 15)
Part 3 — Police powers etc.78
(5) Any person who knowingly contravenes a direction given to hi m under this
section is guilty of an offence and liable on summary convictio n to
imprisonment for a term not exceeding 51 weeks or to a fine not  exceeding
level 4 on the standard scale, or to both.
(6) A constable in uniform may arrest without warrant any person  he reasonably
suspects is committing or has committed an offence under subsec tion (5).
(7) Subsection (6) ceases to have effect on the commencement of section 110.
(8) In subsection (3)(a)—
(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);
(b) the reference to a release from prison includes a reference to a
temporary release.
(9) In this section, “place” includes an area.
(10) This section applies whether or not the order or condition mentioned in
subsection (1) was made or imposed before or after the commence ment of this
section.
Search warrants
113 Search warrants: premises
(1) PACE is amended as follows.
(2) Section 8 (power to authorise entry and search of premises) is amended as
provided in subsections (3) and (4).
(3) In subsection (1)—
(a) in paragraph (b), for “specified in the application” substit ute
“mentioned in subsection (1A) below”,
(b) in paragraph (e), at the end add “in relation to each set of  premises
specified in the application”.
(4) After subsection (1) insert—
“(1A) The premises referred to in subsection (1)(b) above are—
(a) one or more sets of premises specified in the application (i n
which case the application is for a “specific premises warrant” );
or
(b) any premises occupied or controlled by a person specified in  the
application, including such sets of premises as are so specifie d
(in which case the application is for an “all premises warrant” ).
(1B) If the application is for an all premises warrant, the just ice of the peace
must also be satisfied—
(a) that because of the particulars of the offence referred to i n
paragraph (a) of subsection (1) above, there are reasonablegrounds for believing that it is necessary to search premisesoccupied or controlled by the person in question which are notspecified in the application in order to find the material refe rred
to in paragraph (b) of that subsection; andSerious Organised Crime and Police Act 2005 (c. 15)
Part 3 — Police powers etc.79
(b) that it is not reasonably practicable to specify in the appl ication
all the premises which he occupies or controls and which mightneed to be searched.”
(5) Section 15 (search warrants—safeguards) is amended as provid ed in
subsections (6) to (8).
(6) For subsection (2)(b) substitute—
“(b) to specify the matters set out in subsection (2A) below; an d”.
(7) After subsection (2) insert—
“(2A) The matters which must be specified pursuant to subsection  ( 2 ) ( b )
above are—
(a) if the application is for a specific premises warrant made b y
virtue of section 8(1A)(a) above or paragraph 12 of Schedule 1below, each set of premises which it is desired to enter andsearch;
(b) if the application is for an all premises warrant made by vi rtue
of section 8(1A)(b) above or paragraph 12 of Schedule 1 below—
(i) as many sets of premises which it is desired to enter and
search as it is reasonably practicable to specify;
(ii) the person who is in occupation or control of those
premises and any others which it is desired to enter andsearch;
(iii) why it is necessary to search more premises than those
specified under sub-paragraph (i); and
(iv) why it is not reasonably practicable to specify all the
premises which it is desired to enter and search.”
(8) For subsection (6)(a)(iv) substitute—
“(iv) each set of premises to be searched, or (in the case of an
all premises warrant) the person who is in occupation orcontrol of premises to be searched, together with anypremises under his occupation or control which can bespecified and which are to be searched; and”.
(9) In section 16 (execution of warrants)—
(a) after subsection (3) insert—
“(3A) If the warrant is an all premises warrant, no premises whi ch are
not specified in it may be entered or searched unless a policeofficer of at least the rank of inspector has in writing author ised
them to be entered.”,
(b) 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 heshall in each case state in the endorsement.”,
(c) in subsection (12), for “the premises” substitute “premises” .
(10) Schedule 1 (special procedure) is amended as follows.
(11) 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 allSerious Organised Crime and Police Act 2005 (c. 15)
Part 3 — Police powers etc.80
such premises on which there are reasonable grounds for believi ng that there
is such material as it is reasonably practicable so to specify) ;”.
(12) In paragraph 3(b), for “the premises” substitute “such prem ises”.
(13) In paragraph 12—
(a) in sub-paragraph (a)(ii), after “fulfilled” insert “in relat ion to each set of
premises specified in the application”,
(b) at the end add “or (as the case may be) all premises occupie d 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 applica tion (an
“all premises warrant”)”.
(14) After paragraph 12 insert—
“12A The judge may not issue an all premises warrant unless he i s
satisfied—
(a) that there are reasonable grounds for believing that it is
necessary to search premises occupied or controlled by theperson in question which are not specified in the application,as well as those which are, in order to find the material inquestion; and
(b) that it is not reasonably practicable to specify all the pre mises
which he occupies or controls which might need to besearched.”
(15) In paragraph 14(a), omit “to which the application relates” .
114 Search warrants: other amendments
(1) PACE is amended as follows.(2) In section 8 (power to authorise entry and search of premise s), after the
subsection (1B) inserted by section 113(4) of this Act insert—
“(1C) The warrant may authorise entry to and search of premises on more
than one occasion if, on the application, the justice of the pe ace is
satisfied that it is necessary to authorise multiple entries in  order to
achieve the purpose for which he issues the warrant.
(1D) If it authorises multiple entries, the number of entries au thorised may
be unlimited, or limited to a maximum.”
(3) Section 15 (search warrants—safeguards) is amended as provid ed in
subsections (4) to (7).
(4) In subsection (2)(a)—
(a) omit “and” at the end of sub-paragraph (i),
(b) at the end of sub-paragraph (ii) insert “and”,
(c) after that sub-paragraph insert—
“(iii) if the application is for a warrant authorising
entry and search on more than one occasion, theground on which he applies for such a warrant,and whether he seeks a warrant authorising anunlimited number of entries, or (if not) themaximum number of entries desired;”.Serious Organised Crime and Police Act 2005 (c. 15)
Part 3 — Police powers etc.81
(5) In subsection (5), at the end add “unless it specifies that it authorises multiple
entries”.
(6) After subsection (5) insert—
“(5A) If it specifies that it authorises multiple entries, it mu st also specify
whether the number of entries authorised is unlimited, or limit ed to a
specified maximum.”
(7) For subsection (7) substitute—
“(7) Two copies shall be made of a specific premises warrant (se e section
8(1A)(a) above) which specifies only one set of premises and do es not
authorise multiple entries; and as many copies as are reasonabl y
required may be made of any other kind of warrant.”
(8) In section 16 (execution of warrants)—
(a) in subsection (3), for “one month” substitute “three months” ,
(b) after the subsection (3A) inserted by section 113(9)(a) of t his Act,
insert—
“(3B) No premises may be entered or searched for the second or a ny
subsequent time under a warrant which authorises multipleentries unless a police officer of at least the rank of inspect or has
in writing authorised that entry to those premises.”,
(c) for subsection (10) substitute—
“(10) A warrant shall be returned to the appropriate person
mentioned in subsection (10A) below—
(a) when it has been executed; or
(b) in the case of a specific premises warrant which has not
been executed, or an all premises warrant, or anywarrant authorising multiple entries, upon the expiry ofthe period of three months referred to in subsection (3)above or sooner.
(10A) The appropriate person is—
(a) if the warrant was issued by a justice of the peace, the
designated officer for the local justice area in which thejustice was acting when he issued the warrant;
(b) if it was issued by a judge, the appropriate officer of the
court from which he issued it.”
(9) In Schedule 1 (special procedure), in paragraph 17, for “a C ircuit judge”
substitute “a judge of the High Court, a Circuit judge, a Recor der”.
Fireworks
115 Power to stop and search for prohibited fireworks
(1) Section 1 of PACE (powers of constables to stop and search) is amended as
follows.
(2) In subsection (2), for “or any article to which subsection ( 8A) below applies”
substitute “, any article to which subsection (8A) below applie s or any firework
to which subsection (8B) below applies”.Serious Organised Crime and Police Act 2005 (c. 15)
Part 3 — Police powers etc.82
(3) In subsection (3), for “or any article to which subsection ( 8A) below applies”
substitute “, any article to which subsection (8A) below applie s or any firework
to which subsection (8B) below applies”.
(4) In subsection (6), for “or an article to which subsection (8 A) below applies”
substitute “, an article to which subsection (8A) below applies  or a firework to
which subsection (8B) below applies”.
(5) After subsection (8A) insert—
“(8B) This subsection applies to any firework which a person pos sesses in
contravention of a prohibition imposed by fireworks regulations .
(8C) In this section—
(a) “firework” shall be construed in accordance with the definit ion
of “fireworks” in section 1(1) of the Fireworks Act 2003; and
(b) “fireworks regulations” has the same meaning as in that Act. ”
Photographing of suspects etc.
116 Photographing of suspects etc.
(1) Section 64A of PACE (photographing of suspects etc.) is amen ded as follows.
(2) After subsection (1) insert—
“(1A) A person falling within subsection (1B) below may, on the occasion of
the relevant event referred to in subsection (1B), be photograp hed
elsewhere than at a police station—
(a) with the appropriate consent; or
(b) if the appropriate consent is withheld or it is not practica ble to
obtain it, without it.
(1B) A person falls within this subsection if he has been—
(a) arrested by a constable for an offence;
(b) taken into custody by a constable after being arrested for a n
offence by a person other than a constable;
(c) made subject to a requirement to wait with a community
support officer under paragraph 2(3) or (3B) of Schedule 4 to t he
Police Reform Act 2002 (“the 2002 Act”);
(d) given a penalty notice by a constable in uniform under Chapt er
1 of Part 1 of the Criminal Justice and Police Act 2001, a pena lty
notice by a constable under section 444A of the Education Act1996, or a fixed penalty notice by a constable in uniform undersection 54 of the Road Traffic Offenders Act 1988;
(e) given a notice in relation to a relevant fixed penalty offen ce
(within the meaning of paragraph 1 of Schedule 4 to the 2002Act) by a community support officer by virtue of a designationapplying that paragraph to him; or
(f) given a notice in relation to a relevant fixed penalty offen ce
(within the meaning of paragraph 1 of Schedule 5 to the 2002Act) by an accredited person by virtue of accreditationspecifying that that paragraph applies to him.”Serious Organised Crime and Police Act 2005 (c. 15)
Part 3 — Police powers etc.83
(3) In subsection (4)(a), after “prosecution” insert “or to the enforcement of a
sentence”.
(4) In subsection (5), after paragraph (b) insert “; and
(c) “sentence” includes any order made by a court in England and
Wales when dealing with an offender in respect of his offence.”
(5) After subsection (6) insert—
“(6A) In this section, a “photograph” includes a moving image, a nd
corresponding expressions shall be construed accordingly.”
Fingerprints and footwear impressions
117 Fingerprints
(1) Section 61 of PACE (fingerprinting) is amended as provided i n subsections (2)
to (4).
(2) After subsection (6) insert—
“(6A) A constable may take a person’s fingerprints without the a ppropriate
consent if—
(a) the constable reasonably suspects that the person is committ ing
or attempting to commit an offence, or has committed orattempted to commit an offence; and
(b) either of the two conditions mentioned in subsection (6B) is  met.
(6B) The conditions are that—
(a) the name of the person is unknown to, and cannot be readily
ascertained by, the constable;
(b) the constable has reasonable grounds for doubting whether a
name furnished by the person as his name is his real name.
(6C) The taking of fingerprints by virtue of subsection (6A) doe s not count
for any of the purposes of this Act as taking them in the cours e of the
investigation of an offence by the police.”
(3) In subsection (7), for “or (6)” substitute “, (6) or (6A)”.
(4) In subsection (7A)—
(a) after “police station,” insert “or by virtue of subsection ( 6A) at a place
other than a police station,”,
(b) in paragraph (a), after “an officer” insert “(or, in a subse ction (6A) case,
the constable)”.
(5) In section 63A of PACE (fingerprints and samples: supplement ary
provisions)—
(a) after subsection (1) insert—
“(1ZA) Fingerprints taken by virtue of section 61(6A) above may be
checked against other fingerprints to which the person seekingto check has access and which are held by or on behalf of anyone or more relevant law-enforcement authorities or which areheld in connection with or as a result of an investigation of a n
offence.”,
(b) in subsection (1A), after “subsection (1)” insert “and (1ZA) ”.Serious Organised Crime and Police Act 2005 (c. 15)
Part 3 — Police powers etc.84
(6) Section 64 of PACE (destruction of fingerprints and samples)  is amended as
follows.
(7) In subsection (1A), for “or the conduct of a prosecution” su bstitute “, the
conduct of a prosecution or the identification of a deceased pe rson or of the
person from whom a body part came”.
(8) After subsection (1B) insert—
“(1BA) Fingerprints taken from a person by virtue of section 61( 6A) above
must be destroyed as soon as they have fulfilled the purpose fo r which
they were taken.”
(9) In subsection (3AB), for “subsection (3)” substitute “subsec tion (1BA) or (3)”.
(10) in subsection (3AC)—
(a) in paragraph (a), after “that” insert “fingerprint or”,
(b) at the end add the following new sentence—
   “This subsection does not apply to fingerprints taken from a
person by virtue of section 61(6A) above.”
118 Impressions of footwear
(1) PACE is amended as provided in subsections (2) to (4).
(2) After section 61 insert—
“61A Impressions of footwear
(1) Except as provided by this section, no impression of a perso n’s
footwear may be taken without the appropriate consent.
(2) Consent to the taking of an impression of a person’s footwea r must be
in writing if it is given at a time when he is at a police stat ion.
(3) Where a person is detained at a police station, an impressio n of his
footwear may be taken without the appropriate consent if—
(a) he is detained in consequence of his arrest for a recordable
offence, or has been charged with a recordable offence, orinformed that he will be reported for a recordable offence; and
(b) he has not had an impression taken of his footwear in the co urse
of the investigation of the offence by the police.
(4) Where a person mentioned in paragraph (a) of subsection (3) above has
already had an impression taken of his footwear in the course o f the
investigation of the offence by the police, that fact shall be disregarded
for the purposes of that subsection if the impression of his fo otwear
taken previously is—
(a) incomplete; or
(b) is not of sufficient quality to allow satisfactory analysis,
comparison or matching (whether in the case in question orgenerally).
(5) If an impression of a person’s footwear is taken at a police  station,
whether with or without the appropriate consent—
(a) before it is taken, an officer shall inform him that it may be the
subject of a speculative search; andSerious Organised Crime and Police Act 2005 (c. 15)
Part 3 — Police powers etc.85
(b) the fact that the person has been informed of this possibili ty
shall be recorded as soon as is practicable after the impressio n
has been taken, and if he is detained at a police station, therecord shall be made on his custody record.
(6) In a case where, by virtue of subsection (3) above, an impre ssion of a
person’s footwear is taken without the appropriate consent—
(a) he shall be told the reason before it is taken; and
(b) the reason shall be recorded on his custody record as soon a s is
practicable after the impression is taken.
(7) The power to take an impression of the footwear of a person detained
at a police station without the appropriate consent shall be ex ercisable
by any constable.
(8) Nothing in this section applies to any person—
(a) arrested or detained under the terrorism provisions;
(b) arrested under an extradition arrest power.”
(3) Section 63A (fingerprints and samples: supplementary provisi ons) is amended
as follows—
(a) in subsection (1), after “fingerprints”, in both places, ins ert “,
impressions of footwear”,
(b) in subsection (1C)—
(i) in paragraph (a), after “fingerprints” insert “, impressions  o f
footwear”,
(ii) in paragraph (b), after “fingerprints” insert “, of the imp ressions
of footwear”,
(iii) after the third “fingerprints” insert “or impressions of
footwear”,
(iv) after the fourth “fingerprints” insert “, impressions of
footwear”.
(4) Section 64 (destruction of fingerprints and samples) is amen ded as follows—
(a) in subsection (1A), after “fingerprints” in both places wher e it occurs
insert “, impressions of footwear”,
(b) in subsection (1B)(a), after “fingerprint” insert “or an imp ression of
footwear”,
(c) in subsection (3), after “fingerprints” insert “, impression s of footwear”,
(d) in subsection (3AA)—
(i) for “and fingerprints” substitute “, fingerprints and impres sions
of footwear”,
(ii) in paragraph (b), for “or, as the case may be, fingerprint”
substitute “, fingerprint, (or as the case may be) an impressio n
of footwear”,
(e) in subsection (3AB)—
(i) after each of the first and third places “fingerprint” occur s insert
“, impression of footwear”,
(ii) after the second place “fingerprint” occurs, insert “, nor the
impression of footwear,”,
(f) in subsection (3AC), after “fingerprint” in each place where  it occurs
(including the “fingerprint” in paragraph (a) inserted by secti on
117(10)(a) of this Act), insert “, impression of footwear”,Serious Organised Crime and Police Act 2005 (c. 15)
Part 3 — Police powers etc.86
(g) in subsection (3AD), after “fingerprint” insert “, impressio n of
footwear”,
(h) in subsection (5), after “fingerprints” in each place where it occurs
insert “or impressions of footwear”,
(i) in subsection (6), after “fingerprints” insert “or impressio ns of
footwear”,
(j) in subsection (6A), after “fingerprints” insert “or impressi ons of
footwear”.
Intimate samples
119 Intimate samples
(1) Section 65 of PACE (which defines certain terms for the purp oses of Part 5 of
that Act) is amended as follows.
(2) In the definition of “intimate sample”, for paragraph (c) su bstitute—
“(c) a swab taken from any part of a person’s genitals
(including pubic hair) or from a person’s body orificeother than the mouth;”.
(3) In the definition of “non-intimate sample”, for paragraph (c ) substitute—
“(c) a swab taken from any part of a person’s body other
than a part from which a swab taken would be anintimate sample;”.
Custody officers
120 Staff custody officers: designation
(1) Section 38 of the Police Reform Act 2002 (c. 30) (police powe rs for police
authority employees) is amended as provided in subsections (2) to (4).
(2) In subsection (2), after paragraph (d) add—
“(e) staff custody officer.”
(3) In subsection (6), after paragraph (d) add—
“(e) in the case of a person designated as a staff custody offic er, Part
4A.”
(4) After subsection (9) add—
“(10) References in this section, section 42 or section 46(4) to  powers and
duties conferred or imposed on a designated person, or to a des ignated
p e r s o n ’ s  b e i n g  a u t h o r i s e d  o r  r e q u i r e d  t o  d o  a n y t h i n g  b y  v i r t ue  of a
designation under this section, or to a power or duty exercisab le by a
designated person in reliance on or by virtue of a designation under
this section are, in the case of a staff custody officer at a p olice station
designated under section 35(1) of the 1984 Act, references to t hose
things in relation to him after his appointment as a custody of ficer for
that police station under section 36(2) of that Act.”
(5) After Part 4 of Schedule 4 to the Police Reform Act 2002 (po wers exercisable bySerious Organised Crime and Police Act 2005 (c. 15)
Part 3 — Police powers etc.87
police civilians) insert—
“PART 4A
STAFF  CUSTODY  OFFICERS
Exercise of functions of custody officers
35A (1) Where a designation applies this paragraph to any person,  he may
(subject to sub-paragraph (2)) perform all the functions of a c ustody
officer under the 1984 Act (except those under section 45A(4) o f that
Act) and under any other enactment which confers functions on s uch
a custody officer.
(2) But in relation to a police station designated under section  35(1) of
the 1984 Act, the person must first also be appointed a custody  officer
for that police station under section 36(2) of that Act.
(3) A person performing the functions of a custody officer by vi rtue of a
designation under this paragraph (together with, if appropriate , an
appointment as such) shall have all the powers and duties of acustody officer.
(4) Except in sections 36 and 45A(4) of the 1984 Act, references  in any
enactment to a custody officer within the meaning of that Act i nclude
references to a person performing the functions of a custody of ficer
by virtue of a designation under this paragraph.”
121 Custody officers: amendments to PACE
(1) Section 36 of PACE (custody officers at police stations) is amended as provided
in subsections (2) to (6).
(2) For subsection (3) substitute—
“(3) No person may be appointed a custody officer unless—
(a) he is a police officer of at least the rank of sergeant; or
(b) he is a staff custody officer.”
(3) In subsection (5), for “an officer” substitute “an individua l”.
(4) In subsection (7)—
(a) in paragraph (a)—
(i) after “by an officer” insert “or a staff custody officer”,
(ii) for “such an officer” substitute “such a person”,
(b) in paragraph (b), for “such officer” substitute “such person ”.
(5) In subsection (8)—
(a) after “in” insert “section 34 above or in”,
(b) for “an officer” substitute “a person”.
(6) After subsection (10) add—
“(11) In this section, “staff custody officer” means a person wh o has been
designated as such under section 38 of the Police Reform Act 20 02.”
(7) In section 39 of PACE (responsibilities in relation to perso ns detained)—Serious Organised Crime and Police Act 2005 (c. 15)
Part 3 — Police powers etc.88
(a) in subsection (6)(a), after “custody officer” insert “(or, i f the custody
officer is a staff custody officer, any police officer or any p olice
employee)”,
(b) after subsection (6) add—
“(7) In subsection (6) above—
“police employee” means a person employed under
section 15 of the Police Act 1996;
“staff custody officer” has the same meaning as in the
Police Reform Act 2002.”
Designated and accredited persons
122 Powers of designated and accredited persons
(1) The Police Reform Act 2002 (c. 30) is amended as follows.
(2) In section 42 (supplementary provisions relating to designat ions)—
(a) in subsection (2), after “section 41 shall” insert “, subjec t to subsection
(2A),”,
(b) after subsection (2) insert—
“(2A) A police officer of or above the rank of inspector may dir ect a
particular investigating officer not to wear a uniform for thepurposes of a particular operation; and if he so directs,subsection (2) shall not apply in relation to that investigatin g
officer for the purposes of that operation.
(2B) In subsection (2A), “investigating officer” means a person
designated as an investigating officer under section 38 by thechief officer of police of the same force as the officer giving  the
direction.”
(3) Schedule 4 (powers exercisable by police civilians) is amend ed as follows—
(a) in paragraph 1, after sub-paragraph (2) insert—
 “(2A) The reference to the powers mentioned in sub-paragraph
(2)(a) does not include those powers so far as they relate to a n
offence under the provisions in the following list—
section 1 of the Theft Act 1968,
section 87 of the Environmental Protection Act 1990.”,
(b) in paragraph 15A (power to modify paragraph 1(2)(a)), for su b-
paragraph (1) substitute—
 “(1) The Secretary of State may by order amend paragraph 1(2A)
so as to remove a provision from the list or add a provision tothe list; but the list must contain only provisions mentionedin the first column of the Table in section 1(1) of the Crimina l
Justice and Police Act 2001.”,
and in the heading to paragraph 15A, for “1(2)(a)” substitute “ 1(2A)”.
(4) Schedule 5 (powers exercisable by accredited persons) is ame nded as provided
in subsections (5) and (6).
(5) In paragraph 1 (power to issue fixed penalty notices)—Serious Organised Crime and Police Act 2005 (c. 15)
Part 3 — Police powers etc.89
(a) in sub-paragraph (2)(aa), omit “except in respect of an offe nce under
section 12 of the Licensing Act 1872 or section 91 of the Crimi nal Justice
Act 1967”,
(b) after sub-paragraph (2) insert—
 “(2A) The reference to the powers mentioned in sub-paragraph
(2)(aa) does not include those powers so far as they relate toan offence under the provisions in the following list—
section 12 of the Licensing Act 1872,
section 91 of the Criminal Justice Act 1967,section 1 of the Theft Act 1968,
section 1(1) of the Criminal Damage Act 1971,
section 87 of the Environmental Protection Act 1990.”
(6) In paragraph 9A (power to modify paragraph 1(2)(aa)), for su b-paragraph (1)
substitute—
 “(1) The Secretary of State may by order amend paragraph 1(2A) so as to
remove a provision from the list or add a provision to the list ; but the
list must contain only provisions mentioned in the first column  of the
Table in section 1(1) of the Criminal Justice and Police Act 20 01.”,
and in the heading to paragraph 9A, for “1(2)(aa)” substitute “ 1(2A)”.
(7) Schedules 8 and 9 to this Act, which provide for additional powers and duties
for designated and accredited persons under the Police Reform A ct 2002 (c. 30),
have effect.
Provision of information for use by police staff
123 Provision of information for use by police staff
(1) 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 “—
“constables” includes—
(a) persons employed by a police authority under section
15(1) of the Police Act 1996 who are under the directionand control of the chief officer of police of the policeforce maintained by that authority,
(b) persons employed by a police authority under section
9(1) of the Police (Scotland) Act 1967 who are under thedirection and control of the chief constable of the policeforce maintained for the authority’s area,
(c) police support staff (within the meaning of the Police
(Northern Ireland) Act 2000), and
(d) persons employed by the British Transport Police
Authority under section 27(1) of the Railways andTransport Safety Act 2003 who are under the directionand control of the Chief Constable of the BritishTransport Police Force”.
(2) In section 18 of the Vehicles (Crime) Act 2001 (c. 3) (regist er of registration plate
suppliers), after subsection (8) insert—
“(9) In this section, “constables” includes—Serious Organised Crime and Police Act 2005 (c. 15)
Part 3 — Police powers etc.90
(a) persons employed by a police authority under section 15(1) o f
the Police Act 1996 who are under the direction and control ofthe chief officer of police of the police force maintained by t hat
authority,
(b) persons employed by a police authority under section 9(1) of  the
Police (Scotland) Act 1967 who are under the direction andcontrol of the chief constable of the police force maintained f or
the authority’s area, and
(c) persons employed by the British Transport Police Authority
under section 27(1) of the Railways and Transport Safety Act2003 who are under the direction and control of the ChiefConstable of the British Transport Police Force.”.
(3) In section 36 of the Vehicles (Crime) Act 2001 (c. 3) (access  to certain motor
insurance information), in subsection (3), after “In this secti on—” insert—
“ “constables” includes—
(a) persons employed by a police authority under section 15(1) o f
the Police Act 1996 who are under the direction and control ofthe chief officer of police of the police force maintained by t hat
authority, 
(b) persons employed by a police authority under section 9(1) of  the
Police (Scotland) Act 1967 who are under the direction andcontrol of the chief constable of the police force maintained f or
the authority’s area, and
(c) persons employed by the British Transport Police Authority
under section 27(1) of the Railways and Transport Safety Act2003 who are under the direction and control of the ChiefConstable of the British Transport Police Force;”.
Interpretation of Part 3
124 Interpretation of Part 3
In this Part, “PACE” means the Police and Criminal Evidence Act  1984 (c. 60).
P
ART 4
PUBLIC  ORDER  AND  CONDUCT  IN PUBLIC  PLACES  ETC.
Harassment
125 Harassment intended to deter lawful activities
(1) The Protection from Harassment Act 1997 (c. 40) is amended as  follows.
(2) In section 1 (prohibition of harassment)—
(a) after subsection (1) insert—
“(1A) A person must not pursue a course of conduct —
(a) which involves harassment of two or more persons, and
(b) which he knows or ought to know involves harassment
of those persons, andSerious Organised Crime and Police Act 2005 (c. 15)
Part 4 — Public order and conduct in public places etc.91
(c) by which he intends to persuade any person (whether or
not one of those mentioned above)—
(i) not to do something that he is entitled or
required to do, or 
(ii) to do something that he is not under any
obligation to do.”;
(b) in subsection (2), after “amounts to” insert “or involves” a nd after
“amounted to” insert “or involved”;
(c) in subsection (3), after “Subsection (1)” insert “or (1A)”.
(3) In section 2(1) (offence of harassment) for “section 1” subs titute “section 1(1) or
(1A)”.
(4) In section 3(1) (civil remedy) for “section 1” substitute “s ection 1(1)”.
(5) After section 3 insert—
“3A Injunctions to protect persons from harassment within sectio n 1(1A)
(1) This section applies where there is an actual or apprehended  breach of
section 1(1A) by any person (“the relevant person”).
(2) In such a case—
(a) any person who is or may be a victim of the course of conduc t
in question, or
(b) any person who is or may be a person falling within section
1(1A)(c),
may apply to the High Court or a county court for an injunction
restraining the relevant person from pursuing any conduct whichamounts to harassment in relation to any person or persons ment ioned
or described in the injunction.
(3) Section 3(3) to (9) apply in relation to an injunction grant ed under
subsection (2) above as they apply in relation to an injunction  granted
as mentioned in section 3(3)(a).”
(6) In section 5(2) (restraining orders) after “victim” insert “ or victims”.
(7) In section 7 (interpretation of sections 1 to 5)—
(a) for subsection (3) substitute—
“(3) A “course of conduct” must involve—
(a) in the case of conduct in relation to a single person (see
section 1(1)), conduct on at least two occasions inrelation to that person, or
(b) in the case of conduct in relation to two or more persons
(see section 1(1A)), conduct on at least one occasion inrelation to each of those persons.”; and
(b) after subsection (4) add—
“(5) References to a person, in the context of the harassment of  a
person, are references to a person who is an individual.”Serious Organised Crime and Police Act 2005 (c. 15)
Part 4 — Public order and conduct in public places etc.92
126 Harassment etc. of a person in his home
(1) After section 42 of the Criminal Justice and Police Act 2001  (c. 16) insert—
“42A Offence of harassment etc. of a person in his home
(1) A person commits an offence if—
(a) that person is present outside or in the vicinity of any pre mises
that are used by any individual (“the resident”) as his dwellin g;
(b) that person is present there for the purpose (by his presenc e or
otherwise) of representing to the resident or another individua l
(whether or not one who uses the premises as his dwelling), orof persuading the resident or such another individual—
(i) that he should not do something that he is entitled or
required to do; or
(ii) that he should do something that he is not under any
obligation to do;
(c) that person—
(i) intends his presence to amount to the harassment of, or
to cause alarm or distress to, the resident; or
(ii) knows or ought to know that his presence is likely to
result in the harassment of, or to cause alarm or distressto, the resident; and
(d) the presence of that person—
(i) amounts to the harassment of, or causes alarm or
distress to, any person falling within subsection (2); or
(ii) is likely to result in the harassment of, or to cause alarm
or distress to, any such person.
(2) A person falls within this subsection if he is—
(a) the resident,
(b) a person in the resident’s dwelling, or
(c) a person in another dwelling in the vicinity of the resident ’s
dwelling.
(3) The references in subsection (1)(c) and (d) to a person’s pr esence are
references to his presence either alone or together with that o f any other
persons who are also present.
(4) For the purposes of this section a person (A) ought to know that his
presence is likely to result in the harassment of, or to cause alarm or
distress to, a resident if a reasonable person in possession of  the same
information would think that A’s presence was likely to have th at
effect.
(5) A person guilty of an offence under this section shall be li able, on
summary conviction, to imprisonment for a term not exceeding 51weeks or to a fine not exceeding level 4 on the standard scale,  or to both.
(6) 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 reference in subsection (5) to 51 we eks is to
be read as a reference to 6 months.
(7) In this section “dwelling” has the same meaning as in Part 1  o f  t h e
Public Order Act 1986.”Serious Organised Crime and Police Act 2005 (c. 15)
Part 4 — Public order and conduct in public places etc.93
(2) A constable in uniform may arrest without warrant any person  he reasonably
suspects is committing or has committed an offence under sectio n 42A (as
inserted by subsection (1)).
(3) Subsection (2) ceases to have effect on the commencement of section 110 of this
Act.
127 Harassment etc: police direction to stay away from person’s home
(1) Section 42 of the Criminal Justice and Police Act 2001 (c. 1 6) (police directions
stopping harassment of a person in his home) is amended as foll ows.
(2) For subsection (4) substitute—
“(4) The requirements that may be imposed by a direction under t his
section include—
(a) a requirement to leave the vicinity of the premises in quest ion,
and
(b) a requirement to leave that vicinity and not to return to it  within
such period as the constable may specify, not being longer than3 months;
and (in either case) the requirement to leave the vicinity may be to do
so immediately or after a specified period of time.”
(3) In subsection (7), for “contravenes a direction given to him  under this section”
substitute “fails to comply with a requirement in a direction g iven to him under
this section (other than a requirement under subsection (4)(b)) ”.
(4) After subsection (7) insert—
“(7A) Any person to whom a constable has given a direction inclu ding a
requirement under subsection (4)(b) commits an offence if he—
(a) returns to the vicinity of the premises in question within t he
period specified in the direction beginning with the date onwhich the direction is given; and
(b) does so for the purpose described in subsection (1)(b).
(7B) A person guilty of an offence under subsection (7A) shall b e liable, on
summary conviction, to imprisonment for a term not exceeding 51weeks or to a fine not exceeding level 4 on the standard scale,  or to both.
(7C) In relation to an offence committed before the commencement  o f
section 281(5) of the Criminal Justice Act 2003 (alteration of penalties
for summary offences), the reference in subsection (7B) to 51 w eeks is
to be read as a reference to 6 months.”
Trespass on designated site
128 Offence of trespassing on designated site 
(1) A person commits an offence if he enters, or is on, any desi gnated site in
England and Wales or Northern Ireland as a trespasser.
(2) A “designated site” means a site—
(a) specified or described (in any way) in an order made by the Secretary
of State, andSerious Organised Crime and Police Act 2005 (c. 15)
Part 4 — Public order and conduct in public places etc.94
(b) designated for the purposes of this section by the order.
(3) The Secretary of State may only designate a site for the pur poses of this section
if—
(a) it is comprised in Crown land; or
(b) it is comprised in land belonging to Her Majesty in Her priv ate capacity
or to the immediate heir to the Throne in his private capacity;  or
(c) it appears to the Secretary of State that it is appropriate to designate the
site in the interests of national security.
(4) It is a defence for a person charged with an offence under t his section to prove
that he did not know, and had no reasonable cause to suspect, t hat the site in
relation to which the offence is alleged to have been committed  was a
designated site.
(5) A person guilty of an offence under this section is liable o n summary
conviction—
(a) to imprisonment for a term not exceeding 51 weeks, or
(b) to a fine not exceeding level 5 on the standard scale,
or to both.
(6) No proceedings for an offence under this section may be inst ituted against any
person—
(a) in England and Wales, except by or with the consent of the A ttorney
General, or
(b) in Northern Ireland, except by or with the consent of the At torney
General for Northern Ireland.
(7) For the purposes of this section a person who is on any desi gnated site as a
trespasser does not cease to be a trespasser by virtue of being  allowed time to
leave the site.
(8) In this section—
(a) “site” means the whole or part of any building or buildings,  or any land,
or both;
(b) “Crown land” means land in which there is a Crown interest o r a Duchy
interest.
(9) For this purpose—
“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.
(10) 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.
129 Corresponding Scottish offence
(1) A person commits an offence if he enters, or is on, any desi gnated Scottish site
without lawful authority.
(2) A “designated Scottish site” means a site in Scotland—
(a) specified or described (in any way) in an order made by the Secretary
of State, and
(b) designated for the purposes of this section by the order.Serious Organised Crime and Police Act 2005 (c. 15)
Part 4 — Public order and conduct in public places etc.95
(3) The Secretary of State may only designate a site for the pur poses of this section
if it appears to him that it is appropriate to designate the si te in the interests of
national security.
(4) It is a defence for a person charged with an offence under t his section to prove
that he did not know, and had no reasonable cause to suspect, t hat the site in
relation to which the offence is alleged to have been committed  was a
designated Scottish site.
(5) A person guilty of an offence under this section is liable o n summary
conviction—
(a) to imprisonment for a term not exceeding 12 months, or
(b) to a fine not exceeding level 5 on the standard scale,
or to both.
(6) For the purposes of subsection (1), a person who is on any d esignated Scottish
site without lawful authority does not acquire lawful authority  by virtue of
being allowed time to leave the site.
(7) In this section “site” means the whole or part of any buildi ng or buildings, or
any land, or both.
130 Designated sites: powers of arrest
(1) A constable in uniform may, in England or Wales, arrest with out warrant any
person he reasonably suspects is committing or has committed an  offence
under section 128.
This subsection ceases to have effect on the commencement of se ction 110.
(2) An offence under section 128 is to be treated as an arrestab le offence for the
purposes of the Police and Criminal Evidence (Northern Ireland)  Order 1989
(S.I. 1989/1341 (N.I. 12)).
(3) A constable in uniform may, in Scotland, arrest without warr ant any person he
reasonably suspects is committing or has committed an offence u nder section
129.
131 Designated sites: access
(1) The following provisions do not apply to land in respect of which a designation
order is in force—
(a) section 2(1) of the Countryside and Rights of Way Act 2000 ( c. 37)
(rights of public in relation to access land),
(b) Part III of the Countryside (Northern Ireland) Order 1983 (S .I. 1983/
1895 (N.I. 18)) (access to open country), and
(c) section 1 of the Land Reform (Scotland) Act 2003 (asp 2) (ac cess rights).
(2) The Secretary of State may take such steps as he considers a ppropriate to
inform the public of the effect of any designation order, inclu ding, in
particular, displaying notices on or near the site to which the  order relates.
(3) But the Secretary of State may only—
(a) display any such notice, or
(b) take any other steps under subsection (2),
in or on any building or land, if the appropriate person consen ts.Serious Organised Crime and Police Act 2005 (c. 15)
Part 4 — Public order and conduct in public places etc.96
(4) The “appropriate person” is— 
(a) a person appearing to the Secretary of State to have a suffi cient interest
in the building or land to consent to the notice being displaye d or the
steps being taken, or
(b) a person acting on behalf of such a person.
(5) In this section a “designation order” means—
(a) in relation to England and Wales or Northern Ireland, an ord er under
section 128, or
(b) in relation to Scotland, an order under section 129.
Demonstrations in vicinity of Parliament
132 Demonstrating without authorisation in designated area
(1) Any person who—
(a) organises a demonstration in a public place in the designate d area, or
(b) takes part in a demonstration in a public place in the desig nated area, or
(c) carries on a demonstration by himself in a public place in t he
designated area,
is guilty of an offence if, when the demonstration starts, auth orisation for the
demonstration has not been given under section 134(2).
(2) It is a defence for a person accused of an offence under sub section (1) to show
that he reasonably believed that authorisation had been given.
(3) Subsection (1) does not apply if the demonstration is—
(a) a public procession of which notice is required to be given under
subsection (1) of section 11 of the Public Order Act 1986 (c. 64 ), or of
which (by virtue of subsection (2) of that section) notice is n ot required
to be given, or
(b) a public procession for the purposes of section 12 or 13 of that Act.
(4) Subsection (1) also does not apply in relation to any conduc t which is lawful
under section 220 of the Trade Union and Labour Relations (Cons olidation)
Act 1992 (c. 52).
(5) If subsection (1) does not apply by virtue of subsection (3)  or (4), nothing in
sections 133 to 136 applies either.
(6) Section 14 of the Public Order Act 1986 (imposition of condi tions on public
assemblies) does not apply in relation to a public assembly whi ch is also a
demonstration in a public place in the designated area.
(7) In this section and in sections 133 to 136—
(a) “the designated area” means the area specified in an order u nder
section 138,
(b) “public place” means any highway or any place to which at th e material
time the public or any section of the public has access, on pay ment or
otherwise, as of right or by virtue of express or implied permi ssion,
(c) references to any person organising a demonstration include a person
participating in its organisation,
(d) references to any person organising a demonstration do not i nclude a
person carrying on a demonstration by himself,Serious Organised Crime and Police Act 2005 (c. 15)
Part 4 — Public order and conduct in public places etc.97
(e) references to any person or persons taking part in a demonst ration
(except in subsection (1) of this section) include a person car rying on a
demonstration by himself.
133 Notice of demonstrations in designated area
(1) A person seeking authorisation for a demonstration in the de signated area
must give written notice to that effect to the Commissioner of Police of the
Metropolis (referred to in this section and section 134 as “the  Commissioner”).
(2) The notice must be given—
(a) if reasonably practicable, not less than 6 clear days before  the day on
which the demonstration is to start, or
(b) if that is not reasonably practicable, then as soon as it is , and in any
event not less than 24 hours before the time the demonstration is to
start.
(3) The notice must be given—
(a) if the demonstration is to be carried on by more than one pe rson, by any
of the persons organising it,
(b) if it is to be carried on by a person by himself, by that pe rson.
(4) The notice must state—
(a) the date and time when the demonstration is to start,
(b) the place where it is to be carried on,
(c) how long it is to last,
(d) whether it is to be carried on by a person by himself or not ,
(e) the name and address of the person giving the notice.
(5) A notice under this section must be given by—
(a) delivering it to a police station in the metropolitan police  district, or
(b) sending it by post by recorded delivery to such a police sta tion.
(6) Section 7 of the Interpretation Act 1978 (c. 30) (under which  service of a
document is deemed to have been effected at the time it would b e delivered in
the ordinary course of post) does not apply to a notice under t his section.
134 Authorisation of demonstrations in designated area
(1) This section applies if a notice complying with the requirem ents of section 133
is received at a police station in the metropolitan police dist rict by the time
specified in section 133(2).
(2) The Commissioner must give authorisation for the demonstrati on to which the
notice relates.
(3) In giving authorisation, the Commissioner may impose on the persons
organising or taking part in the demonstration such conditions specified in the
authorisation and relating to the demonstration as in the Commi ssioner’s
reasonable opinion are necessary for the purpose of preventing any of the
following—
(a) hindrance to any person wishing to enter or leave the Palace  o f
Westminster,
(b) hindrance to the proper operation of Parliament,
(c) serious public disorder,Serious Organised Crime and Police Act 2005 (c. 15)
Part 4 — Public order and conduct in public places etc.98
(d) serious damage to property,
(e) disruption to the life of the community,
(f) a security risk in any part of the designated area,
(g) risk to the safety of members of the public (including any t aking part in
the demonstration).
(4) The conditions may, in particular, impose requirements as to —
(a) the place where the demonstration may, or may not, be carrie d on,
(b) the times at which it may be carried on,
(c) the period during which it may be carried on,
(d) the number of persons who may take part in it,
(e) the number and size of banners or placards used,
(f) maximum permissible noise levels.
(5) The authorisation must specify the particulars of the demons tration given in
the notice under section 133 pursuant to subsection (4) of that  section, with any
modifications made necessary by any condition imposed under sub section (3)
of this section.
(6) The Commissioner must give notice in writing of—
(a) the authorisation,
(b) any conditions imposed under subsection (3), and 
(c) the particulars mentioned in subsection (5),
to the person who gave the notice under section 133.
(7) Each person who takes part in or organises a demonstration i n the designated
area is guilty of an offence if —
(a) he knowingly fails to comply with a condition imposed under
subsection (3) which is applicable to him (except where it is v aried
under section 135), or
(b) he knows or should have known that the demonstration is carr ied on
otherwise than in accordance with the particulars set out in th e
authorisation by virtue of subsection (5).
(8) It is a defence for a person accused of an offence under sub section (7) to show—
(a) (in a paragraph (a) case) that the failure to comply, or
(b) (in a paragraph (b) case) that the divergence from the parti culars,
arose from circumstances beyond his control, or from something done with the
agreement, or by the direction, of a police officer.
(9) The notice required by subsection (6) may be sent by post to  the person who
gave the notice under section 133 at the address stated in that  notice pursuant
to subsection (4)(e) of that section.
(10) If the person to whom the notice required by subsection (6)  is to be given has
agreed, it may be sent to him by email or by facsimile transmis sion at the
address or number notified by him for the purpose to the Commis sioner (and
a notice so sent is “in writing” for the purposes of that subse ction).
135 Supplementary directions
(1) This section applies if the senior police officer reasonably  believes that it is
necessary, in order to prevent any of the things mentioned in p aragraphs (a) to
(g) of subsection (3) of section 134—Serious Organised Crime and Police Act 2005 (c. 15)
Part 4 — Public order and conduct in public places etc.99
(a) to impose additional conditions on those taking part in or o rganising a
demonstration authorised under that section, or
(b) to vary any condition imposed under that subsection or under
paragraph (a) (including such a condition as varied under subse ction
(2)).
(2) The senior police office may give directions to those taking  part in or
organising the demonstration imposing such additional condition s or varying
any such condition already imposed.
(3) A person taking part in or organising the demonstration who knowingly fails
to comply with a condition which is applicable to him and which  is imposed or
varied by a direction under this section is guilty of an offenc e.
(4) It is a defence for him to show that the failure to comply a rose from
circumstances beyond his control.
(5) In this section, “the senior police officer” means the most senior in rank of the
police officers present at the scene (or any one of them if the re are more than
one of the same rank).
136 Offences under sections 132 to 135: penalties
( 1 ) A  p e r s o n  g u i l t y  o f  a n  o f f e n c e  u n d e r  s e c t i o n  1 3 2 ( 1 ) ( a )  i s  l i a ble on summary
conviction to imprisonment for a term not exceeding 51 weeks, t o a fine not
exceeding level 4 on the standard scale, or to both.
(2) A person guilty of an offence under section 132(1)(b) or (c)  is liable on summary
conviction to a fine not exceeding level 3 on the standard scal e.
(3) A person guilty of an offence under section 134(7) or 135(3)  is liable on
summary conviction—
(a) if the offence was in relation to his capacity as organiser of the
demonstration, to imprisonment for a term not exceeding 51 week s, to
a fine not exceeding level 4 on the standard scale, or to both,
(b) otherwise, to a fine not exceeding level 3 on the standard s cale.
(4) A person who is guilty of the offence of inciting another to —
(a) do anything which would constitute an offence mentioned in
subsection (1), (2) or (3), or
(b) fail to do anything where the failure would constitute such an offence,
is liable on summary conviction to imprisonment for a term not exceeding 51
weeks, to a fine not exceeding level 4 on the standard scale, o r to both,
notwithstanding section 45(3) of the Magistrates’ Courts Act 19 80 (c. 43).
(5) A constable in uniform may arrest without warrant anyone he reasonably
believes is committing an offence mentioned in subsections (1) to (4).
This subsection ceases to have effect on the coming into force of section 110.
137 Loudspeakers in designated area
(1) Subject to subsection (2), a loudspeaker shall not be operat ed, at any time or for
any purpose, in a street in the designated area.
(2) Subsection (1) does not apply to the operation of a loudspea ker—
(a) in case of emergency,Serious Organised Crime and Police Act 2005 (c. 15)
Part 4 — Public order and conduct in public places etc.100
(b) for police, fire and rescue authority or ambulance purposes,
(c) by the Environment Agency, a water undertaker or a sewerage
undertaker in the exercise of any of its functions,
(d) by a local authority within its area,
(e) for communicating with persons on a vessel for the purpose o f
directing the movement of that or any other vessel,
(f) if the loudspeaker forms part of a public telephone system,
(g) if the loudspeaker is in or fixed to a vehicle and subsectio n (3) applies,
(h) otherwise than on a highway, by persons employed in connecti on with
a transport undertaking used by the public, but only if the lou dspeaker
is operated solely for making announcements to passengers orprospective passengers or to other persons so employed,
(i) in accordance with a consent granted by a local authority un der
Schedule 2 to the Noise and Statutory Nuisance Act 1993 (c. 40).
(3) This subsection applies if the loudspeaker referred to in su bsection (2)(g)—
(a) is operated solely for the entertainment of or for communica ting with
the driver or a passenger of the vehicle (or, if the loudspeake r is or
forms part of the horn or similar warning instrument of the veh icle,
solely for giving warning to other traffic), and
(b) is so operated as not to give reasonable cause for annoyance  to persons
in the vicinity.
(4) A person who operates or permits the operation of a loudspea ker in
contravention of subsection (1) is guilty of an offence and is liable on summary
conviction to—
(a) a fine not exceeding level 5 on the standard scale, together  with
(b) a further fine not exceeding £50 for each day on which the o ffence
continues after the conviction.
(5) In this section—
“local authority” means a London borough council (and, in subse ction
(2)(d), the Greater London Authority),
“street” means a street within the meaning of section 48(1) of the New
Roads and Street Works Act 1991 (c. 22) which is for the time be ing
open to the public,
“the designated area” means the area specified in an order unde r section
138,
“vessel” includes a hovercraft within the meaning of the Hoverc raft Act
1968 (c. 59).
(6) In Schedule 2 to the Noise and Statutory Nuisance Act 1993 ( consent to the
operation of loudspeakers in streets or roads), in paragraph 1( 1), at the end add
“or of section 137(1) of the Serious Organised Crime and Police  Act 2005”.
138 The designated area
(1) The Secretary of State may by order specify an area as the d esignated area for
the purposes of sections 132 to 137.
(2) The area may be specified by description, by reference to a map or in any other
way.Serious Organised Crime and Police Act 2005 (c. 15)
Part 4 — Public order and conduct in public places etc.101
(3) No point in the area so specified may be more than one kilom etre in a straight
line from the point nearest to it in Parliament Square.
Anti-social behaviour
139 Orders about anti-social behaviour etc.
(1) The Crime and Disorder Act 1998 (c. 37) is amended as provide d in subsections
(2) to (9).
(2) In section 1 (anti-social behaviour orders), after subsectio n (10B) insert—
“(10C) In proceedings for an offence under subsection (10), a co py of the
original anti-social behaviour order, certified as such by the proper
officer of the court which made it, is admissible as evidence o f its
having been made and of its contents to the same extent that or al
evidence of those things is admissible in those proceedings.”
(3) The existing text of section 1A (power of Secretary of State  to add to relevant
authorities) is to be subsection (1) of that section, and after  that subsection
add—
“(2) The Secretary of State may by order—
(a) provide that a person or body of any other description speci fied
i n  t h e  o r d e r  i s ,  i n  s u c h  c a s e s  a n d  c i r c u m s t a n c e s  a s  m a y  b eprescribed by the order, to be a relevant authority for thepurposes of such of sections 1 above and 1B, 1CA and 1E belowas are specified in the order; and
(b) prescribe the description of persons who are to be “relevant
persons” in relation to that person or body.”
(4) In section 1C (orders about anti-social behaviour on convict ion in criminal
proceedings)—
(a) after subsection (4) insert—
“(4A) The court may adjourn any proceedings in relation to an or der
under this section even after sentencing the offender.
(4B) If the offender does not appear for any adjourned proceedin gs,
the court may further adjourn the proceedings or may issue awarrant for his arrest.
(4C) But the court may not issue a warrant for the offender’s ar rest
unless it is satisfied that he has had adequate notice of the t ime
and place of the adjourned proceedings.”,
(b) in subsection (9), after “(10)” insert “, (10C)”.
(5) Section 1D (interim orders) is amended as provided in subsec tions (6) to (9).
(6) For subsections (1) and (2) substitute—
“(1) This section applies where—
(a) an application is made for an anti-social behaviour order;
(b) an application is made for an order under section 1B;
(c) a request is made by the prosecution for an order under sect ion
1C; orSerious Organised Crime and Police Act 2005 (c. 15)
Part 4 — Public order and conduct in public places etc.102
(d) the court is minded to make an order under section 1C of its
own motion.
(2) If, before determining the application or request, or before  deciding
whether to make an order under section 1C of its own motion, th e court
considers that it is just to make an order under this section p ending the
determination of that application or request or before making t hat
decision, it may make such an order.”
(7) In subsection (4)(c), for “main application” substitute “app lication or request
mentioned in subsection (1), or on the court’s making a decisio n as to whether
or not to make an order under section 1C of its own motion.”
(8) In subsection (5), at the beginning insert “In relation to c ases to which this
section applies by virtue of paragraph (a) or (b) of subsection  (1),”.
(9) After subsection (5) add—
“(6) In relation to cases to which this section applies by virtu e of paragraph
(c) or (d) of subsection (1)—
(a) subsections (6) and (10) to (12) of section 1 apply for the
purposes of the making and effect of orders under this sectionas they apply for the purposes of the making and effect of anti -
social behaviour orders; and
(b) section 1CA applies for the purposes of the variation or
discharge of an order under this section as it applies for thepurposes of the variation or discharge of an order under sectio n
1C.”
(10) In section 14A of the Football Spectators Act 1989 (c. 37) ( banning orders on
conviction of an offence), after subsection (4) insert—
“(4A) The court may adjourn any proceedings in relation to an or der under
this section even after sentencing the offender.
(4B) If the offender does not appear for any adjourned proceedin gs, the
court may further adjourn the proceedings or may issue a warran t for
his arrest.
(4C) But the court may not issue a warrant for the offender’s ar rest unless it
is satisfied that he has had adequate notice of the time and pl ace of the
adjourned proceedings.”
140 Variation and discharge of anti-social behaviour orders made  on conviction
(1) The Crime and Disorder Act 1998 (c. 37) is amended as follows .
(2) In section 1 (anti-social behaviour orders), in subsection ( 1A), after “1B” insert
“, 1CA”.
(3) In section 1C (orders on conviction), omit subsections (6) t o (8).
(4) After section 1C insert—
“1CA Variation and discharge of orders under section 1C
(1) An offender subject to an order under section 1C may apply t o the court
which made it for it to be varied or discharged.Serious Organised Crime and Police Act 2005 (c. 15)
Part 4 — Public order and conduct in public places etc.103
(2) If he does so, he must also send written notice of his appli cation to the
Director of Public Prosecutions.
(3) The Director of Public Prosecutions may apply to the court w hich made
an order under section 1C for it to be varied or discharged.
(4) A relevant authority may also apply to the court which made an order
under section 1C for it to be varied or discharged if it appear s to it
that—
(a) in the case of variation, the protection of relevant persons  from
anti-social acts by the person subject to the order would be mo re
appropriately effected by a variation of the order;
(b) in the case of discharge, that it is no longer necessary to protect
relevant persons from anti-social acts by him by means of suchan order.
(5) If the Director of Public Prosecutions or a relevant authori ty applies for
the variation or discharge of an order under section 1C, he or it must
also send written notice of the application to the person subje ct to the
order.
(6) In the case of an order under section 1C made by a magistrat es’ court,
the references in subsections (1), (3) and (4) to the court by which the
order was made include a reference to any magistrates’ court ac ting in
the same local justice area as that court.
(7) No order under section 1C shall be discharged on an applicat ion under
this section before the end of the period of two years beginnin g with the
day on which the order takes effect, unless— 
(a) in the case of an application under subsection (1), the Dire ctor
of Public Prosecutions consents, or
(b) in the case of an application under subsection (3) or (4), t he
offender consents.”
(5) In section 3 of the Prosecution of Offences Act 1985 (c. 23) (functions of the
Director of Public Prosecutions), in subsection (2), after para graph (fa) insert—
“(fb) where it appears to him appropriate to do so, to have the
conduct of applications under section 1CA(3) of the Crime andDisorder Act 1998 for the variation or discharge of orders madeunder section 1C of that Act;
(fc) where it appears to him appropriate to do so, to appear on any
application under section 1CA of that Act made by a personsubject to an order under section 1C of that Act for the variat ion
or discharge of the order.”
141 Anti-social behaviour orders etc: reporting restrictions
(1) The Crime and Disorder Act 1998 (c. 37) is amended as follows .
(2) In section 1 (anti-social behaviour orders)—
(a) after subsection (10C) (inserted by section 139(2) of this A ct), insert—
“(10D) In relation to proceedings brought against a child or a y oung
person for an offence under subsection (10)—
(a) section 49 of the Children and Young Persons Act 1933
(restrictions on reports of proceedings in which childrenSerious Organised Crime and Police Act 2005 (c. 15)
Part 4 — Public order and conduct in public places etc.104
and young persons are concerned) does not apply in
respect of the child or young person against whom theproceedings are brought;
(b) section 45 of the Youth Justice and Criminal Evidence
Act 1999 (power to restrict reporting of criminalproceedings involving persons under 18) does so apply. 
(10E) If, in relation to any such proceedings, the court does ex ercise its
power to give a direction under section 45 of the Youth Justiceand Criminal Evidence Act 1999, it shall give its reasons fordoing so.”,
(b) in subsection (12), before the definition of “the commenceme nt date”
insert—
““child” and “young person” shall have the same meaning
as in the Children and Young Persons Act 1933;”.
(3) In section 1C (orders about anti-social behaviour on convict ion in criminal
proceedings), in subsection (9), after “(10C)” (inserted by sec tion 139(4)(b) of
this Act) insert “, (10D), (10E)”.
(4) Subject to paragraph 2(2) of Schedule 2 to the Youth Justice  and Criminal
Evidence Act 1999 (c. 23), until section 45 of that Act comes in to force, the
references to it in section 1(10D)(b) and (10E) of the Crime an d Disorder Act
1998 (c. 37) (inserted by subsection (2) of this section) shall be read as references
to section 39 of the Children and Young Persons Act 1933 (c. 12) .
142 Contracting out of local authority functions relating to ant i-social behaviour 
orders
(1) In the Crime and Disorder Act 1998 after section 1E (consult ation requirements
relating to individual support orders) insert—
“1F Contracting out of local authority functions
(1) The Secretary of State may by order provide that a relevant authority
which is a local authority may make arrangements with a personspecified (or of a description specified) in the order for the exercise of
any function it has under sections 1 to 1E above—
(a) by such a person, or
(b) by an employee of his.
(2) The order may provide—
(a) that the power of the relevant authority to make the
arrangements is subject to such conditions as are specified in the
order;
(b) that the arrangements must be subject to such conditions as are
so specified;
(c) that the arrangements may be made subject to such other
conditions as the relevant authority thinks appropriate.
(3) The order may provide that the arrangements may authorise th e
exercise of the function—
(a) either wholly or to such extent as may be specified in the o rder
or arrangements;
(b) either generally or in such cases or areas as may be so spec ified.Serious Organised Crime and Police Act 2005 (c. 15)
Part 4 — Public order and conduct in public places etc.105
(4) An order may provide that the person with whom arrangements are
made in pursuance of the order is to be treated as if he were a  public
body for the purposes of section 1 of the Local Authorities (Go ods and
Services) Act 1970.
(5) The Secretary of State must not make an order under this sec tion unless
he first consults—
(a) the National Assembly for Wales, if the order relates to a
relevant authority in Wales;
(b) such representatives of local government as he thinks
appropriate;
(c) such other persons as he thinks appropriate.
(6) Any arrangements made by a relevant authority in pursuance o f an
order under this section do not prevent the relevant authority from
exercising the function to which the arrangements relate.
(7) The following provisions of the Deregulation and Contracting  Out Act
1994 apply for the purposes of arrangements made in pursuance o f an
order under this section as they apply for the purposes of anauthorisation to exercise functions by virtue of an order under  section
70(2) of that Act—
(a) section 72 (effect of contracting out);
(b) section 73 (termination of contracting out);
(c) section 75 and Schedule 15 (provision relating to disclosure  of
information);
(d) paragraph 3 of Schedule 16 (authorised persons to be treated  as
officers of local authority).
(8) For the purposes of subsection (7), any reference in the pro visions
specified in paragraphs (a) to (d) to a person authorised to ex ercise a
function must be construed as a reference to a person with whom  an
arrangement is made for the exercise of the function in pursuan ce of an
order under this section.
(9) Relevant authorities and any person with whom arrangements a re
made in pursuance of an order under this section must have rega rd to
any guidance issued by the Secretary of State for the purposes of this
section.
(10) An order under this section may make different provision fo r different
purposes.
(11) An order under this section may contain—
(a) such consequential, supplemental or incidental provisions
(including provision modifying any enactment), or
(b) such transitional provisions or savings,
as the person making the order thinks appropriate.
(12) Each of the following is a local authority—
(a) a local authority within the meaning of section 270 of the L ocal
Government Act 1972;
(b) the Common Council of the City of London;
(c) the Council of the Isles of Scilly.”Serious Organised Crime and Police Act 2005 (c. 15)
Part 4 — Public order and conduct in public places etc.106
(2) In subsection (1) of section 1A of that Act (definition of r elevant authority) (as
re-numbered by section 139(3) of this Act) for “and 1E” substit ute “, 1E and 1F”.
(3) In section 114(3) of that Act (orders and regulations) after  “section” insert “1F,”.
143 Special measures for witnesses in proceedings for anti-socia l behaviour 
orders etc.
After section 1H of the Crime and Disorder Act 1998 (c. 37) (as amended by the
Drugs Act 2005 (c. 17)) insert—
“1I Special measures for witnesses
(1) This section applies to the following proceedings—
(a) any proceedings in a magistrates’ court on an application fo r an
anti-social behaviour order,
(b) any proceedings in a magistrates’ court or the Crown Court s o
far as relating to the issue whether to make an order undersection 1C, and
(c) any proceedings in a magistrates’ court so far as relating t o the
issue whether to make an order under section 1D.
(2) Chapter 1 of Part 2 of the Youth Justice and Criminal Eviden ce Act 1999
(special measures directions in the case of vulnerable and inti midated
witnesses) shall apply in relation to any such proceedings as i t applies
in relation to criminal proceedings, but with—
(a) the omission of the provisions of that Act mentioned in
subsection (3) (which make provision appropriate only in thecontext of criminal proceedings), and
(b) any other necessary modifications.
(3) The provisions are—
(a) section 17(4),
(b) section 21(1)(b) and (5) to (7),
(c) section 22(1)(b) and (2)(b) and (c), 
(d) section 27(10), and
(e) section 32.
(4) Any rules of court made under or for the purposes of Chapter  1 of Part
2 of that Act shall apply in relation to proceedings to which t his section
applies—
(a) to such extent as may be provided by rules of court, and
(b) subject to such modifications as may be so provided.
(5) Section 47 of that Act (restrictions on reporting special me asures
directions etc.) applies, with any necessary modifications, in relation
to—
(a) a direction under section 19 of the Act as applied by this s ection,
or
(b) a direction discharging or varying such a direction,
and sections 49 and 51 of that Act (offences) apply accordingly .”Serious Organised Crime and Police Act 2005 (c. 15)
Part 4 — Public order and conduct in public places etc.107
Parental compensation orders
144 Parental compensation orders
Schedule 10 is to have effect.
PART 5
MISCELLANEOUS
Protection of activities of certain organisations
145 Interference with contractual relationships so as to harm an imal research 
organisation
(1) A person (A) commits an offence if, with the intention of ha rming an animal
research organisation, he—
(a) does a relevant act, or
(b) threatens that he or somebody else will do a relevant act,
in circumstances in which that act or threat is intended or lik ely to cause a
second person (B) to take any of the steps in subsection (2).
(2) The steps are—
(a) not to perform any contractual obligation owed by B to a thi rd person
(C) (whether or not such non-performance amounts to a breach ofcontract);
(b) to terminate any contract B has with C;
(c) not to enter into a contract with C.
(3) For the purposes of this section, a “relevant act” is—
(a) an act amounting to a criminal offence, or
(b) a tortious act causing B to suffer loss or damage of any des cription;
but paragraph (b) does not include an act which is actionable o n the ground
only that it induces another person to break a contract with B.
(4) For the purposes of this section, “contract” includes any ot her arrangement
(and “contractual” is to be read accordingly).
(5) For the purposes of this section, to “harm” an animal resear ch organisation
means—
(a) to cause the organisation to suffer loss or damage of any de scription, or
(b) to prevent or hinder the carrying out by the organisation of  any of its
activities.
(6) This section does not apply to any act done wholly or mainly  in contemplation
or furtherance of a trade dispute.
(7) 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), exc ept that
section 218 of that Act shall be read as if—
(a) it made provision corresponding to section 244(4) of that Ac t, and
(b) in subsection (5), the definition of “worker” included any p erson falling
within paragraph (b) of the definition of “worker” in section 2 44(5).Serious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous108
146 Intimidation of persons connected with animal research organ isation
(1) A person (A) commits an offence if, with the intention of ca using 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) A threatens B that A or somebody else will do a relevant act , and
(b) A does so wholly or mainly because B is a person falling wit hin
subsection (2).
(2) A person falls within this subsection if he is—
(a) an employee or officer of an animal research organisation;
(b) a student at an educational establishment that is an animal research
organisation;
(c) a lessor or licensor of any premises occupied by an animal r esearch
organisation;
(d) a person with a financial interest in, or who provides finan cial
assistance to, an animal research organisation;
(e) a customer or supplier of an animal research organisation;
(f) a person who is contemplating becoming someone within paragr aph
(c), (d) or (e);
(g) a person who is, or is contemplating becoming, a customer or  supplier
of someone within paragraph (c), (d), (e) or (f);
(h) an employee or officer of someone within paragraph (c), (d),  (e), (f) or
(g);
(i) a person with a financial interest in, or who provides finan cial
assistance to, someone within paragraph (c), (d), (e), (f) or ( g);
(j) a spouse, civil partner, friend or relative of, or a person who is known
personally to, someone within any of paragraphs (a) to (i);
(k) a person who is, or is contemplating becoming, a customer or  supplier
of someone within paragraph (a), (b), (h), (i) or (j); or
(l) an employer of someone within paragraph (j).
(3) For the purposes of this section, an “officer” of an animal research organisation
or a person includes—
(a) where the organisation or person is a body corporate, a dire ctor,
manager or secretary;
(b) where the organisation or person is a charity, a charity tru stee (within
the meaning of the Charities Act 1993 (c. 10));
(c) where the organisation or person is a partnership, a partner .
(4) For the purposes of this section—
(a) a person is a customer or supplier of another person if he p urchases
goods, services or facilities from, or (as the case may be) sup plies goods,
services or facilities to, that other; and
(b) “supplier” includes a person who supplies services in pursua nce of any
enactment that requires or authorises such services to be provi ded.
(5) For the purposes of this section, a “relevant act” is—
(a) an act amounting to a criminal offence, or
(b) a tortious act causing B or another person to suffer loss or  damage of
any description.Serious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous109
(6) The Secretary of State may by order amend this section so as  to include within
subsection (2) any description of persons framed by reference t o their
connection with—
(a) an animal research organisation, or
(b) any description of persons for the time being mentioned in t hat
subsection.
(7) This section does not apply to any act done wholly or mainly  in contemplation
or furtherance of a trade dispute.
(8) In subsection (7) “trade dispute” has the meaning given by s ection 145(7).
147 Penalty for offences under sections 145 and 146
(1) A person guilty of an offence under section 145 or 146 is li able—
(a) on summary conviction, to imprisonment for a term not exceed ing 12
months or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding
five years or to a fine, or to both.
(2) No proceedings for an offence under either of those sections  may be instituted
except by or with the consent of the Director of Public Prosecu tions.
148 Animal research organisations
(1) For the purposes of sections 145 and 146 “animal research or ganisation” means
any person or organisation falling within subsection (2) or (3) . 
(2) A person or organisation falls within this subsection if he or it is the owner,
lessee or licensee of premises constituting or including—
(a) a place specified in a licence granted under section 4 or 5 of the 1986
Act,
(b) a scientific procedure establishment designated under sectio n 6 of that
Act, or
(c) a breeding or supplying establishment designated under secti on 7 of
that Act.
(3) 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—
(a) the holder of a personal licence granted under section 4 of the 1986 Act,
(b) the holder of a project licence granted under section 5 of t hat Act,
(c) a person specified under section 6(5) of that Act, or
(d) a person specified under section 7(5) of that Act.
(4) 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.
(5) In this section—
“the 1986 Act” means the Animals (Scientific Procedures) Act 19 86 (c. 14);
“organisation” includes any institution, trust, undertaking or association
of persons;
“premises” includes any place within the meaning of the 1986 Ac t;Serious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous110
“regulated procedures” has the meaning given by section 2 of th e 1986
Act.
149 Extension of sections 145 to 147
(1) The Secretary of State may by order provide for sections 145 , 146 and 147 to
apply in relation to persons or organisations of a description specified in the
order as they apply in relation to animal research organisation s.
(2) The Secretary of State may, however, only make an order unde r this section if
satisfied that a series of acts has taken place and—
(a) that those acts were directed at persons or organisations of  the
description specified in the order or at persons having a conne ction
with them, and
(b) that, if those persons or organisations had been animal rese arch
organisations, those acts would have constituted offences under  section
145 or 146.
(3) In this section “organisation” and “animal research organisa tion” have the
meanings given by section 148.
Vehicle registration and insurance and road traffic offences
150 Offence in respect of incorrectly registered vehicles
(1) After section 43B of the Vehicle Excise and Registration Act  1994 (c. 22) insert—
“Offence in respect of incorrectly registered vehicles
43C Offence of using an incorrectly registered vehicle
(1) A person is guilty of an offence if, on a public road or in a public place,
he uses a vehicle to which subsection (2) applies and in respec t of
which—
(a) the name and address of the keeper are not recorded in the
register, or
(b) any of the particulars recorded in the register are incorrec t.
(2) This subsection applies to a vehicle if—
(a) vehicle excise duty is chargeable in respect of it, or
(b) it is an exempt vehicle in respect of which regulations unde r this
Act require a nil licence to be in force.
(3) It is a defence for a person charged with an offence under s ubsection (1)
to show (as the case may be)—
(a) that there was no reasonable opportunity, before the materia l
time, to furnish the name and address of the keeper of thevehicle, or
(b) that there was no reasonable opportunity, before the materia l
time, to furnish particulars correcting the incorrect particula rs.
(4) It is also a defence for a person charged with an offence un der
subsection (1) to show—
(a) that he had reasonable grounds for believing, or that it was
reasonable for him to expect, that the name and address of theSerious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous111
keeper or the other particulars of registration (as the case ma y
be) were correctly recorded in the register, or
(b) that any exception prescribed in regulations under this sect ion
is met.
(5) A person guilty of an offence under this section is liable o n summary
conviction to a fine not exceeding level 3 on the standard scal e.
(6) The Secretary of State may make regulations prescribing, var ying or
revoking exceptions for the purposes of subsection (4)(b).
(7) In this section—
“keeper”, in relation to a vehicle, means the person by whom it  is
kept at the material time;
“the register” means the register kept by the Secretary of Stat e
under Part 2.”
(2) In Schedule 3 to the Road Traffic Offenders Act 1988 (c. 53) (fixed penalty
offences) after the entry relating to section 43 of the Vehicle  Excise and
Registration Act 1994 insert—
151 Power of constables etc. to require production of registrati on documents in 
respect of a vehicle
After section 28 of the Vehicle Excise and Registration Act 199 4 (c. 22) insert—
“Power of constables etc. to require production of documents
28A Power of constables etc. to require production of registrati on 
documents
(1) A person using a vehicle in respect of which a registration document
has been issued must produce the document for inspection on bei ng so
required by— 
(a) a constable, or
(b) a person authorised by the Secretary of State for the purpos es of
this section (an “authorised person”).
(2) An authorised person exercising the power conferred by subse ction (1)
must, if so requested, produce evidence of his authority to exe rcise the
power.
(3) A person is guilty of an offence if he fails to comply with subsection (1).
(4) Subsection (3) does not apply if any of the following condit ions is
satisfied.
(5) The first condition is that—
(a) the person produces the registration document, in person, at  a
police station specified by him at the time of the request, and
(b) he does so within 7 days after the date on which the request  was
made or as soon as is reasonably practicable.“Section 43C of that Act Using an incorrectly registered
vehicle.”Serious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous112
(6) The second condition is that—
(a) the vehicle is subject to a lease or hire agreement,
(b) the vehicle is not registered in the name of the lessee or h irer
under that agreement and is not required to be so registered, 
(c) the person produces appropriate evidence of the agreement to
the constable or authorised person at the time of the request o r
he produces such evidence in person, at a police stationspecified by him at the time of the request—
(i) within 7 days after the date of the request, or
(ii)  as soon as is reasonably practicable, and
(d) the person has reasonable grounds for believing, or it is
reasonable for him to expect, that the person from whom thevehicle has been leased or hired is able to produce, or requirethe production of, the registration document.
(7) In subsection (6)(c) “appropriate evidence” means—
(a) a copy of the agreement, or
(b) such other documentary evidence of the agreement as is
prescribed in regulations under this section.
(8) The third condition is that any exception prescribed in regu lations
under this section is met.
(9) Where a requirement is imposed under subsection (1) by an au thorised
person, a testing station provided under section 52(2) of the R oad
Traffic Act 1988 may be specified under subsection (5)(a) or (6 )(c)
instead of a police station.
(10) A person accused of an offence under this section is not en titled to the
benefit of an exception conferred by or under this section unle ss
evidence is adduced that is sufficient to raise an issue with r espect to
that exception, but where evidence is so adduced it is for theprosecution to prove beyond reasonable doubt that the exception  does
not apply.
(11) A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 2 on the standard scal e.
(12) The Secretary of State may make regulations—
(a) prescribing descriptions of evidence for the purposes of
subsection (7);
(b) prescribing, varying or revoking exceptions for the purposes  of
subsection (8).
(13) In this section “registration document” means a registratio n document
issued in accordance with regulations under section 22(1)(e).”
152 Power to seize etc. vehicles driven without licence or insur ance
After section 165 of the Road Traffic Act 1988 (c. 52) insert—
“165A Power to seize vehicles driven without licence or insuran ce
(1) Subsection (5) applies if any of the following conditions is  satisfied.
(2) The first condition is that—Serious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous113
(a) a constable in uniform requires, under section 164, a person  to
produce his licence and its counterpart for examination,
(b) the person fails to produce them, and
(c) the constable has reasonable grounds for believing that a mo tor
vehicle is or was being driven by the person in contravention o f
section 87(1).
(3) The second condition is that—
(a) a constable in uniform requires, under section 165, a person  to
produce evidence that a motor vehicle is not or was not beingdriven in contravention of section 143,
(b) the person fails to produce such evidence, and
(c) the constable has reasonable grounds for believing that the
vehicle is or was being so driven.
(4) The third condition is that—
(a) a constable in uniform requires, under section 163, a person
driving a motor vehicle to stop the vehicle,
(b) the person fails to stop the vehicle, or to stop the vehicle  long
enough, for the constable to make such lawful enquiries as heconsiders appropriate, and
(c) the constable has reasonable grounds for believing that the
vehicle is or was being driven in contravention of section 87(1 )
or 143.
(5) Where this subsection applies, the constable may—
(a) seize the vehicle in accordance with subsections (6) and (7)  and
remove it;
(b) enter, for the purpose of exercising a power falling within
paragraph (a), any premises (other than a private dwellinghouse) on which he has reasonable grounds for believing thevehicle to be;
(c) use reasonable force, if necessary, in the exercise of any p ower
conferred by paragraph (a) or (b).
(6) Before seizing the motor vehicle, the constable must warn th e person by
whom it appears that the vehicle is or was being driven incontravention of section 87(1) or 143 that he will seize it—
(a) in a section 87(1) case, if the person does not produce his licence
and its counterpart immediately;
(b) in a section 143 case, if the person does not provide him
immediately with evidence that the vehicle is not or was notbeing driven in contravention of that section.
But the constable is not required to give such a warning if the
circumstances make it impracticable for him to do so.
(7) If the constable is unable to seize the vehicle immediately because the
person driving the vehicle has failed to stop as requested or h as driven
off, he may seize it at any time within the period of 24 hours beginning
with the time at which the condition in question is first satis fied.
(8) The powers conferred on a constable by this section are exer cisable only
at a time when regulations under section 165B are in force.
(9) In this section—Serious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous114
(a) a reference to a motor vehicle does not include an invalid
carriage;
(b) a reference to evidence that a motor vehicle is not or was n ot
being driven in contravention of section 143 is a reference to a
document or other evidence within section 165(2)(a);
(c) “counterpart” and “licence” have the same meanings as in
section 164;
(d) “private dwelling house” does not include any garage or othe r
structure occupied with the dwelling house, or any landappurtenant to the dwelling house.
165B Retention etc. of vehicles seized under section 165A
(1) The Secretary of State may by regulations make provision as to—
(a) the removal and retention of motor vehicles seized under
section 165A; and
(b) the release or disposal of such motor vehicles.
(2) Regulations under subsection (1) may, in particular, make pr ovision—
(a) for the giving of notice of the seizure of a motor vehicle u nder
section 165A to a person who is the registered keeper, the owne r
or the driver of that vehicle;
(b) for the procedure by which a person who claims to be the
registered keeper or the owner of a motor vehicle seized undersection 165A may seek to have it released;
(c) for requiring the payment, by the registered keeper, owner o r
driver of the vehicle, of fees, charges or costs in relation to  the
removal and retention of such a motor vehicle and to anyapplication for its release;
(d) as to the circumstances in which a motor vehicle seized unde r
section 165A may be disposed of;
(e) as to the destination—
(i) of any fees or charges payable in accordance with the
regulations;
(ii) of the proceeds (if any) arising from the disposal of a
motor vehicle seized under section 165A;
(f) for the delivery to a local authority, in circumstances pres cribed
by or determined in accordance with the regulations, of anymotor vehicle seized under section 165A.
(3) Regulations under subsection (1) must provide that a person who
would otherwise be liable to pay any fee or charge under theregulations is not liable to pay it if—
(a) he was not driving the motor vehicle at the time in question , and
(b) he did not know that the vehicle was being driven at that ti me,
had not consented to its being driven and could not, by thetaking of reasonable steps, have prevented it from being driven .
(4) Regulations under subsection (1) may make different provisio n for
different cases.
(5) In this section—
“local authority”—
(a) in relation to England, means—Serious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous115
(i) a county council,
(ii) the council of a district comprised in an area for
which there is no county council,
(iii) a London borough council,
(iv) the Common Council of the City of London, or
(v) Transport for London;
(b) in relation to Wales, means the council of a county or
county borough; and
(c) in relation to Scotland, means a council constituted
under section 2 of the Local Government etc. (Scotland)Act 1994;
“registered keeper”, in relation to a motor vehicle, means the
person in whose name the vehicle is registered under theVehicle Excise and Registration Act 1994.”
153 Disclosure of information about insurance status of vehicles
(1) The Secretary of State may by regulations make provision for  and in
connection with requiring MIIC to make available relevant vehic le insurance
i n f o r m a t i o n  t o  P I T O  f o r  i t  t o  p r o c e s s  w i t h  a  v i e w  t o  m a k i n g  t h e  processed
information available for use by constables.
(2) “Relevant vehicle insurance information” means information r elating to
vehicles the use of which has been (but no longer is) insured u nder a policy of
insurance, or security in respect of third party risks, complyi ng with the
requirements of Part 6 of the Road Traffic Act 1988 (c. 52).
(3) The regulations may in particular—
(a) require all relevant vehicle insurance information or any pa rticular
description of such information to be made available to PITO,
(b) determine the purposes for which information processed from such
information by PITO may be made available for use by constables , and
(c) determine the circumstances in which any of the processed in formation
which has been made available for use by constables may be furt her
disclosed by them.
(4) In this section—
“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 1 985
(c. 6) on 8th December 1998), and
“PITO” means the Police Information Technology Organisation.
154 Power to require specimens of breath at roadside or at hospi tal etc.
(1) Section 6D of the Road Traffic Act 1988 (preliminary tests f or drink and drugs:
arrest) is amended as follows.
(2) After subsection (1) insert—
“(1A) The fact that specimens of breath have been provided under  section 7
of this Act by the person concerned does not prevent subsection  ( 1 )
above having effect if the constable who imposed on him therequirement to provide the specimens has reasonable cause to be lieveSerious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous116
that the device used to analyse the specimens has not produced a
reliable indication of the proportion of alcohol in the breath of the
person.”
(3) After subsection (2) insert—
“(2A) A person arrested under this section may, instead of being  taken to a
police station, be detained at or near the place where the prel iminary
test was, or would have been, administered, with a view to impo sing
on him there a requirement under section 7 of this Act.”
(4) Section 7 of that Act (provision of specimens for analysis) is amended as
follows.
(5) For subsection (2) substitute—
“(2) A requirement under this section to provide specimens of br eath can
only be made—
(a) at a police station,
(b) at a hospital, or
(c) at or near a place where a relevant breath test has been
administered to the person concerned or would have been soadministered but for his failure to co-operate with it.
(2A) For the purposes of this section “a relevant breath test” i s a procedure
involving the provision by the person concerned of a specimen o f
breath to be used for the purpose of obtaining an indication wh ether
the proportion of alcohol in his breath or blood is likely to e xceed the
prescribed limit.
(2B) A requirement under this section to provide specimens of br eath may
not be made at or near a place mentioned in subsection (2)(c) a bove
unless the constable making it—
(a) is in uniform, or
(b) has imposed a requirement on the person concerned to co-
operate with a relevant breath test in circumstances in whichsection 6(5) of this Act applies.
(2C) Where a constable has imposed a requirement on the person c oncerned
to co-operate with a relevant breath test at any place, he is e ntitled to
remain at or near that place in order to impose on him there arequirement under this section.
(2D) If a requirement under subsection (1)(a) above has been mad e at a place
other than at a police station, such a requirement may subseque ntly be
made at a police station if (but only if)—
(a) a device or a reliable device of the type mentioned in subse ction
(1)(a) above was not available at that place or it was for anyother reason not practicable to use such a device there, or
(b) the constable who made the previous requirement has
reasonable cause to believe that the device used there has notproduced a reliable indication of the proportion of alcohol in the
breath of the person concerned.”
(6) In subsection (3) (circumstances in which requirement to pro vide a specimen
of blood or urine may be made)—Serious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous117
(a) in paragraph (b) (breath-testing device not available etc.) insert at the
beginning “specimens of breath have not been provided elsewhereand”, and
(b) in paragraph (bb) (police station breath-testing device has not provided
a reliable indication of alcohol level) for “at the police stat ion”
substitute “(at the police station or elsewhere)”.
(7) In section 8 of that Act (choice of specimens of breath) aft er subsection (2)
insert—
“(2A) If the person who makes a claim under subsection (2) above  was
required to provide specimens of breath under section 7 of this  Act at
or near a place mentioned in subsection (2)(c) of that section,  a
constable may arrest him without warrant.”
(8) In section 9(1) of that Act (protection for hospital patient s) for “for a laboratory
test” substitute “under section 7 of this Act”.
(9) Section 10 of that Act (detention of persons affected by alc ohol or a drug) is
amended as follows.
(10) In subsection (1) (detention at a police station)—
(a) for “until it appears to the constable” substitute “(or, if the specimen
was provided otherwise than at a police station, arrested and t aken to
and detained at a police station) if a constable has reasonable  grounds
for believing”, and
(b) for “not be committing” substitute “commit”.
(11) In subsection (2) (grounds for detention) for “A person sha ll not be detained in
pursuance of this section if it appears to a” substitute “Subse ction (1) above
does not apply to the person if it ought reasonably to appear t o the”.
(12) After that subsection insert—
“(2A) A person who is at a hospital as a patient shall not be ar rested and taken
from there to a police station in pursuance of this section if it would be
prejudicial to his proper care and treatment as a patient.”
155 Payments by Secretary of State to police authorities in rela tion to the 
prevention, detection and enforcement of certain traffic offenc es
(1) The Secretary of State may make payments in respect of the w hole or any part
of the expenditure of a police authority in relation to—
(a) the prevention and detection of offences to which subsection  ( 3 )
applies, or
(b) any enforcement action or proceedings in respect of such off ences or
any alleged such offences.
(2) Payments under this section shall be made at such times, in such manner and
subject to such conditions as the Secretary of State may determ ine.
(3) This subsection applies to offences committed in England and  Wales under the
following provisions—
Road Traffic Act 1988 (c. 52)
section 14 (requirements regarding seat belts: adults);Serious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous118
section 15(2) and (4) (restriction on carrying children not wea ring seat
belts in motor vehicles);
section 42 (motor vehicles and trailers: other construction and  use
requirements) in relation to the construction and use requireme nts
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 licenc es);
section 143 (users of motor vehicles to be insured or secured a gainst third-
party risks);
section 163 (power of police to stop vehicles);section 172 (duty to give information as to the identity of dri ver etc. in
certain circumstances);
Vehicle Excise and Registration Act 1994 (c. 22)
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 requireme nts imposed
by regulation 11 of the Road Vehicles (Display of Registration Marks)
Regulations 2001 (S.I. 2001/561).
(4) The Secretary of State may by order amend the list of offenc es in subsection (3)
so as to add, modify or omit any entry.
(5) In subsection (3) “construction and use requirements” has th e meaning given
by section 41(7) of the Road Traffic Act 1988 (c. 52).
156 Payments by Scottish Ministers to police authorities etc. in  relation to the 
prevention, detection and enforcement of certain traffic offenc es
(1) The Scottish Ministers may make payments in respect of the w hole or any part
of the expenditure of a police authority or joint police board (within the
meaning of the Police (Scotland) Act 1967 (c. 77)) in relation t o—
(a) the prevention and detection of offences to which subsection  ( 3 )
applies, or
(b) any enforcement action or proceedings in respect of such off ences or
any alleged such offences.
(2) Payments under this section shall be made at such times, in such manner and
subject to such conditions as the Scottish Ministers may determ ine.
(3) This subsection applies to offences committed in Scotland un der the following
provisions—
Road Traffic Act 1988 (c. 52)
section 14 (requirements regarding seat belts: adults);
section 15(2) and (4) (restriction on carrying children not wea ring seat
belts in motor vehicles);Serious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous119
section 42 (motor vehicles and trailers: other construction and  use
requirements) in relation to the construction and use requireme nts
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 licenc es);
section 143 (users of motor vehicles to be insured or secured a gainst third-
party risks);
section 163 (power of police to stop vehicles);
section 172 (duty to give information as to the identity of dri ver etc. in
certain circumstances);
Vehicle Excise and Registration Act 1994 (c. 22)
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 requireme nts imposed
by regulation 11 of the Road Vehicles (Display of Registration Marks)
Regulations 2001 (S.I. 2001/561).
(4) The Scottish Ministers may by order amend the list of offenc es in subsection (3)
so as to add, modify or omit any entry.
(5) In subsection (3) “construction and use requirements” has th e meaning given
by section 41(7) of the Road Traffic Act 1988 (c. 52).
(6) In section 95 of the Road Traffic Offenders Act 1988 (c. 53) (destination of fines
imposed in respect of road traffic offences etc.) insert—
“(3) There shall be paid into the Scottish Consolidated Fund all  fixed
penalties imposed in respect of offences, committed in Scotland , to
which section 156(3) of the Serious Organised Crime and Police Act
2005 applies.”
Local policing information
157 Publication of local policing information
After section 8 of the Police Act 1996 (c. 16) insert—
“8A Local policing summaries
(1) As soon as possible after the end of each financial year, ev ery police
authority established under section 3 shall issue a report for members
of the public in the authority’s area on matters relating to th e policing
of that area for the year.
(2) Such a report is referred to in this section as a “local pol icing summary”.
(3) The Secretary of State may by order specify matters which ar e to be
included in a local policing summary.Serious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous120
(4) A police authority shall arrange—
(a) for every local policing summary issued by it under this sec tion
t o  b e  p u b l i s h e d  i n  s u c h  m a n n e r  a s  a p p e a r s  t o  i t  t o  b eappropriate, and
( b ) f o r  a  c o p y  o f  e v e r y  s u c h  s u m m a r y  t o  b e  s e n t ,  b y  w h a t e v e r
means appear to the authority to be appropriate, to each personliable to pay any tax, precept or levy to or in respect of theauthority.
(5) It shall be the duty of a police authority, in preparing and  publishing a
local policing summary, to have regard to any guidance given by  the
Secretary of State about the form and content of local policingsummaries and the manner of their publication.
(6) Before making an order under subsection (3), and before givi ng any
such guidance as is referred to in subsection (5), the Secretar y of State
must consult—
(a) persons whom he considers to represent the interests of poli ce
authorities,
(b) persons whom he considers to represent the interests of chie f
officers of police, and
(c) such other persons as he thinks fit.
(7) This section shall apply in relation to the Metropolitan Pol ice Authority
as it applies to a police authority established under section 3 .
(8) A statutory instrument containing an order under subsection (3) shall
be subject to annulment in pursuance of a resolution of either House of
Parliament.”
Other miscellaneous police matters
158 Responsibilities in relation to the health and safety etc. o f police
(1) In section 51A of the Health and Safety at Work etc. Act 197 4 (c. 37) (application
of Part 1 of that Act to police) after subsection (2) insert—
“(2A) For the purposes of this Part the relevant officer, as def ined by
subsection (2)(a) or (c) above, shall be treated as a corporati on sole.
(2B) Where, in a case in which the relevant officer, as so defin ed, is guilty of
an offence by virtue of this section, it is proved—
(a) that the officer-holder personally consented to the commissi on
of the offence,
(b) that he personally connived in its commission, or
(c) that the commission of the offence was attributable to perso nal
neglect on his part,
the office-holder (as well as the corporation sole) shall be gu ilty of the
offence and shall be liable to be proceeded against and punishe d
accordingly.
(2C) In subsection (2B) above “the office-holder”, in relation t o the relevant
officer, means an individual who, at the time of the consent, c onnivance
or neglect—Serious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous121
(a) held the office or other position mentioned in subsection (2 )
above as the office or position of that officer; or
(b) was for the time being responsible for exercising and
performing the powers and duties of that office or position.
(2D) The provisions mentioned in subsection (2E) below (which im pose the
same liability for unlawful conduct of constables on persons ha ving
their direction or control as would arise if the constables wer e
employees of those persons) do not apply to any liability by vi rtue of
this Part.
(2E) Those provisions are—
(a) section 39 of the Police (Scotland) Act 1967;
(b) section 88(1) of the Police Act 1996;
(c) section 97(9) of that Act;
(d) paragraph 7(1) of Schedule 8 to the Police Act 1997;
(e) paragraph 14(1) of Schedule 3 to the Criminal Justice and Po lice
Act 2001;
(f) section 28 of the Serious Organised Crime and Police Act 200 5.
(2F) In the application of this section to Scotland—
(a) subsection (2A) shall have effect as if for the words “corpo ration
sole” there were substituted “distinct juristic person (that is  to
say, as a juristic person distinct from the individual who for the
time being is the office-holder)”;
(b) subsection (2B) shall have effect as if for the words “corpo ration
sole” there were substituted “juristic person”; and
(c) subsection (2C) shall have effect as if for the words “subse ction
(2B)” there were substituted “subsections (2A) and (2B)”.”
(2) For subsection (2) of each of the following sections of the Employment Rights
Act 1996 (c. 18)—
(a) section 49A (right of police officers not to suffer detrimen t in relation to
health and safety issues), and
(b) section 134A (right of police officers not to be unfairly di smissed in
relation to health and safety issues),
substitute the subsection set out in subsection (3) of this sec tion.
(3) The subsection to be substituted is—
“(2) In this section “the relevant officer”, in relation to—
(a) a person holding the office of constable, or
(b) a person holding an appointment as a police cadet,
means the person who under section 51A of the Health and Safety  at
Work etc. Act 1974 is to be treated as his employer for the pur poses of
Part 1 of that Act.”
(4) 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 polic e) cease to have
effect—
(a) section 95, and
(b) in Schedule 8, the reference to section 5 of the Police (Hea lth and Safety)
Act 1997 (c. 42).Serious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous122
(5) The amendments made by subsections (1) to (3) have effect fo r the purposes of
any proceedings in or before a court or tribunal that are comme nced on or after
the day on which this Act is passed as if the amendments had co me into force
on 1st July 1998.
(6) For the purposes of proceedings commenced against a person i n his capacity
by virtue of this section as a corporation sole (or, in Scotlan d, 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.
(7) No person shall be liable by virtue of section 51A(2B) of th e Health and Safety
at Work etc. Act 1974 (c. 37) in respect of anything occurring b efore the passing
of this Act.
159 Investigations: accelerated procedure in special cases
Schedule 11 (which makes provision for an accelerated procedure  for certain
investigations into the conduct of police officers) has effect.
160 Investigations: deaths and serious injuries during or after contact with the 
police
Schedule 12 (which makes provision for the investigation of dea ths and serious
injuries which occur during or after contact with persons servi ng with the
police) has effect.
Royal Parks etc.
161 Abolition of Royal Parks Constabulary
(1) The Royal Parks Constabulary is abolished.
(2) Every relevant person shall cease to be a park constable on the appointed day.
(3) Subsection (2) is not to be taken as terminating the Crown e mployment of any
relevant person.
(4) In this section, section 162 and Schedule 13—
“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 app ointed
day is serving as a park constable with the Royal Parks Constab ulary.
(5) Schedule 13 (which provides for transfers to the Metropolita n Police Authority
and makes amendments) has effect.
162 Regulation of specified parks
(1) From the appointed day the Parks Regulation Act 1872 (c. 15) does not apply
to the specified parks.Serious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous123
(2) But from the appointed day section 2 of the Parks Regulation  (Amendment)
Act 1926 (c. 36) applies in relation to the specified parks in t he same way as it
applies in relation to parks to which the Parks Regulation Act 1872 applies.
(3) The Secretary of State must ensure that copies of any regula tions made under
section 2 of the Parks Regulation (Amendment) Act 1926 (c. 36) w hich are in
force in relation to a specified park are displayed in a suitab le position in that
park.
(4) In this section “specified park” means a park, garden, recre ation ground, open
space or other land in the metropolitan police district—
(a) which is specified in an order made by the Secretary of Stat e before the
appointed day, and
(b) to which the Parks Regulation Act 1872 (c. 15) then applied b y virtue of
section 1 of the Parks Regulation (Amendment) Act 1926.
Criminal record checks
163 Criminal record certificates
(1) Sections 113 and 115 of the Police Act 1997 (c. 50) (criminal  record certificates)
are omitted.
(2) Before section 114 of that Act insert—
“113A Criminal record certificates
(1) The Secretary of State must issue a criminal record certific ate to any
individual who—
(a) makes an application in the prescribed manner and form, and
(b) pays in the prescribed manner any prescribed fee.
(2) The application must—
(a) be countersigned by a registered person, and
(b) be accompanied by a statement by the registered person that the
certificate is required for the purposes of an exempted questio n.
(3) A criminal record certificate is a certificate which—
(a) gives the prescribed details of every relevant matter relati ng to
the applicant which is recorded in central records, or
(b) states that there is no such matter.
(4) The Secretary of State must send a copy of a criminal record  certificate
to the registered person who countersigned the application.
(5) The Secretary of State may treat an application under this s ection as an
application under section 113B if—
(a) in his opinion the certificate is required for a purpose pre scribed
under subsection (2) of that section,
(b) the registered person provides him with the statement requir ed
by that subsection, and
(c) the applicant consents and pays to the Secretary of State th e
amount (if any) by which the fee payable in relation to anapplication under that section exceeds the fee paid in relation  to
the application under this section.Serious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous124
(6) In this section—
“central records” means such records of convictions and caution s
held for the use of police forces generally as may be prescribe d;
“exempted question” means a question in relation to which secti on
4(2)(a) or (b) of the Rehabilitation of Offenders Act 1974 (eff ect
of rehabilitation) has been excluded by an order of the Secreta ry
of State under section 4(4) of that Act;
“relevant matter” means—
(a) a conviction within the meaning of the Rehabilitation of
Offenders Act 1974, including a spent conviction, and
(b) a caution.
113B Enhanced criminal record certificates
(1) The Secretary of State must issue an enhanced criminal recor d
certificate to any individual who—
(a) makes an application in the prescribed manner and form, and
(b) pays in the prescribed manner any prescribed fee.
(2) The application must—
(a) be countersigned by a registered person, and
(b) be accompanied by a statement by the registered person that the
certificate is required for a prescribed purpose.
(3) An enhanced criminal record certificate is a certificate whi ch—
(a) gives the prescribed details of every relevant matter relati ng to
the applicant which is recorded in central records and anyinformation provided in accordance with subsection (4), or
(b) states that there is no such matter or information.
(4) Before issuing an enhanced criminal record certificate the S ecretary of
State must request the chief officer of every relevant police f orce to
provide any information which, in the chief officer’s opinion—
(a) might be relevant for the purpose described in the statement
under subsection (2), and
(b) ought to be included in the certificate.
(5) The Secretary of State must also request the chief officer o f every
relevant police force to provide any information which, in the chief
officer’s opinion—
(a) might be relevant for the purpose described in the statement
under subsection (2),
(b) ought not to be included in the certificate, in the interest s of the
prevention or detection of crime, and
(c) can, without harming those interests, be disclosed to the
registered person.
(6) The Secretary of State must send to the registered person wh o
countersigned the application—
(a) a copy of the enhanced criminal record certificate, and
(b) any information provided in accordance with subsection (5).
(7) The Secretary of State may treat an application under this s ection as an
application under section 113A if in his opinion the certificat e is not
required for a purpose prescribed under subsection (2).Serious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous125
(8) If by virtue of subsection (7) the Secretary of State treats  an application
under this section as an application under section 113A, he mus t refund
to the applicant the amount (if any) by which the fee paid in r elation to
the application under this section exceeds the fee payable in r elation to
an application under section 113A.
(9) In this section—
“central records”, “exempted question”, and “relevant matter”
have the same meaning as in section 113A;
“relevant police force”, in relation to an application under th is
section, means a police force which is a relevant police force in
relation to that application under regulations made by theSecretary of State.
(10) For the purposes of this section references to a police for ce include any
of the following—
(a) the Royal Navy Regulating Branch;
(b) the Royal Marines Police;
(c) the Royal Military Police;
(d) the Royal Air Force Police;
(e) the Ministry of Defence Police;
(f) the National Criminal Intelligence Service;
(g) the National Crime Squad;
(h) the British Transport Police;
(i) the Civil Nuclear Constabulary;
(j) the States of Jersey Police Force;
(k) the salaried police force of the Island of Guernsey;
(l) the Isle of Man Constabulary;
(m) a body with functions in any country or territory outside th e
British Islands which correspond to those of a police force inany part of the United Kingdom,
and any reference to the chief officer of a police force includ es the
person responsible for the direction of a body mentioned in thi s
subsection.
(11) For the purposes of this section each of the following must  be treated as
if it were a police force—
(a) the Commissioners for Her Majesty’s Revenue and Customs
(and for this purpose a reference to the chief officer of a pol ice
force must be taken to be a reference to any one of theCommissioners);
(b) the Serious Organised Crime Agency (and for this purpose a
reference to the chief officer of a police force must be taken to be
a reference to the Director General of the Agency);
(c) such other department or body as is prescribed (and regulati ons
may prescribe in relation to the department or body the personto whom a reference to the chief officer is to be taken to be).
113C Criminal record certificates: suitability relating to child ren
(1) If an application under section 113A or 113B is accompanied by a
children’s suitability statement the criminal record certificat e or
enhanced criminal record certificate (as the case may be) must also
state—Serious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous126
(a) whether the applicant is included in a specified children’s list;
(b) if he is included in such a list, such details of his inclus ion as
may be prescribed;
(c) whether he is subject to a specified children’s direction;
(d) if he is subject to such a direction, the grounds on which i t was
given and such details as may be prescribed of thecircumstances in which it was given.
(2) A children’s suitability statement is a statement by the reg istered
person that the certificate is required for the purpose of cons idering—
(a) the applicant’s suitability to be employed, supplied to work ,
found work or given work in a position (whether paid orunpaid) within subsection (5),
( b ) t h e  a p p l i c a n t ’ s  s u i t a b i l i t y  t o  b e  a  f o s t e r  p a r e n t  o r  t o  a d o p t a
child,
(c) the applicant’s suitability to be a child’s special guardian  for the
purposes of sections 14A and 14C of the Children Act 1989,
(d) the applicant’s suitability to have a child placed with him by
virtue of section 70 of the Children (Scotland) Act 1995 or byvirtue of section 5(2), (3) and (4) of the Social Work (Scotlan d)
Act 1968, or
(e) the suitability of a person living in the same household as the
applicant to be a person mentioned in paragraph (b) or (c) or t o
have a child placed with him as mentioned in paragraph (d).
(3) Each of the following is a specified children’s list—
(a) the list kept under section 1 of the Protection of Children Act
1999;
(b) the list kept under section 1(1) of the Protection of Childr en
(Scotland) Act 2003;
(c) the list kept under Article 3 of the Protection of Children and
Vulnerable Adults (Northern Ireland) Order 2003;
(d) any list kept for the purposes of regulations under Article
70(2)(e) or 88A(2)(b) of the Education and Libraries (NorthernIreland) Order 1986;
(e) any such other list as the Secretary of State specifies by o rder if
he thinks that the list corresponds to a list specified inparagraphs (a) to (c) and is kept in pursuance of a country orterritory outside the United Kingdom.
(4) Each of the following is a specified children’s direction—
(a) a direction under section 142 of the Education Act 2002;
(b) anything which the Secretary of State specifies by order whi ch
he thinks corresponds to such a direction and which is done forthe purposes of the law of Scotland or of Northern Ireland or o f
a country or territory outside the United Kingdom.
(5) A position falls within this subsection if it is any of the following—
(a) a child care position within the meaning of the Protection o f
Children Act 1999;
(b) a child care position within the meaning of the Protection o f
Children (Scotland) Act 2003;Serious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous127
(c) a child care position within the meaning of Chapter 1 of Par t 2
of the Protection of Children and Vulnerable Adults (NorthernIreland) Order 2003;
(d) a position, employment or further employment in which may
be prohibited or restricted by regulations under Article 70(2)( e)
or 88A(2)(b) of the Education and Libraries (Northern Ireland)Order 1986;
(e) a position which involves work to which section 142 of the
Education Act 2002 applies;
(f) a position of such other description as may be prescribed.
(6) An order under subsection (4)(b) may make such modifications  o f
subsection (1)(d) as the Secretary of State thinks necessary or  expedient
in consequence of the order.
113D Criminal record certificates: suitability relating to adult s
(1) If an application under section 113A or 113B is accompanied by an
adults’ suitability statement the criminal record certificate o r enhanced
criminal record certificate (as the case may be) must also stat e—
(a) whether the applicant is included in a specified adults’ lis t;
(b) if he is included in such a list, such details of his inclus ion as
may be prescribed.
(2) An adults’ suitability statement is a statement by the regis tered person
that the certificate is required for the purpose of considering  the
applicant’s suitability to be employed, supplied to work, found  work or
given work in a position (whether paid or unpaid) falling withi n
subsection (4).
(3) Each of the following is a specified adults’ list—
(a) the list kept under section 81 of the Care Standards Act 200 0;
(b) the list kept under Article 35 of the Protection of Children  and
Vulnerable Adults (Northern Ireland) Order 2003;
(c) any such other list as the Secretary of State specifies by o rder if
he thinks that the list corresponds to a list specified inparagraph (a) or (b) and is kept in pursuance of the law ofScotland or of a country or territory outside the UnitedKingdom.
(4) A position falls within this subsection if it is any of the following—
(a) a care position within the meaning of Part 7 of the Care
Standards Act 2000;
(b) a care position within the meaning of Part 3 of the Protecti on of
Children and Vulnerable Adults (Northern Ireland) Order 2003;
(c) a position concerned with providing a care service (as defin ed
by section 2(1) of the Regulation of Care (Scotland) Act 2001);
(d) a position of such other description as may be prescribed.
113E Criminal record certificates: specified children’s and adul ts’ lists: 
urgent cases
(1) Subsection (2) applies to an application under section 113A or 113B if—
(a) it is accompanied by a children’s suitability statement,Serious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous128
(b) the registered person requests an urgent preliminary respons e,
and
(c) the applicant pays in the prescribed manner such additional fee
as is prescribed in respect of the application.
(2) The Secretary of State must notify the registered person—
(a) if the applicant is not included in a specified children’s l ist, of
that fact;
(b) if the applicant is included in such a list, of the details
prescribed for the purposes of section 113C(1)(b) above;
(c) if the applicant is not subject to a specified children’s di rection,
of that fact;
(d) if the applicant is subject to such a direction, of the grou nds on
which the direction was given and the details prescribed for th e
purposes of section 113C(1)(d) above.
(3) Subsection (4) applies to an application under section 113A or 113B if—
(a) it is accompanied by an adults’ suitability statement,
(b) the registered person requests an urgent preliminary respons e,
and
(c) the applicant pays in the prescribed manner such additional fee
as is prescribed in respect of the application.
(4) The Secretary of State must notify the registered person eit her—
(a) that the applicant is not included in a specified adults’ li st, or
(b) that a criminal record certificate or enhanced criminal reco rd
certificate will be issued in due course.
(5) In this section—
“criminal record certificate” has the same meaning as in sectio n
113A;
“enhanced criminal record certificate” has the same meaning as in
section 113B;
“children’s suitability statement”, “specified children’s direc tion”
and “specified children’s list” have the same meaning as insection 113C;
“adults’ suitability statement” and “specified adults’ list” ha ve the
same meaning as in section 113D.
113F Criminal record certificates: supplementary
(1) References in sections 113C(2) and 113D(2) to considering th e
applicant’s suitability to be employed, supplied to work, found  work or
given work in a position falling within section 113C(5) or 113D (4)
include references to considering—
(a) for the purposes of Part 10A of the Children Act 1989 (child
minding and day care in England and Wales), the applicant’ssuitability to look after or be in regular contact with childre n
under the age of eight;
(b) for the purposes of that Part of that Act, in the case of an
applicant for or holder of a certificate under section 79W of t hat
Act, or a person prescribed under subsection (4) of that sectio n,
his suitability to look after children within the meaning of th at
section;Serious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous129
(c) the applicant’s suitability to be registered for child mindi ng or
providing day care under section 71 of the Children Act 1989 orArticle 118 of the Children (Northern Ireland) Order 1995 (chil d
minding and day care);
(d) for the purposes of section 3 of the Teaching and Higher
Education Act 1998 (registration of teachers with the GeneralTeaching Council for England or the General Teaching Councilfor Wales) or of section 6 of the Teaching Council (Scotland) A ct
1965 (registration of teachers with the General TeachingCouncil for Scotland), the applicant’s suitability to be a teac her;
(e) the applicant’s suitability to be registered under Part 2 of  the
Care Standards Act 2000 (establishments and agencies);
(f) the applicant’s suitability to be registered under Part 4 of  that
Act (social care workers);
(g) the applicant’s suitability to be registered under Part 1 of  the
Regulation of Care (Scotland) Act 2001 (applications by personsseeking to provide a care service);
(h) the applicant’s suitability to be registered under Part 3 of  that
Act (social workers and other social service workers);
(i) the applicant’s application to have a care service, consisti ng of
the provision of child minding or the day care of children,registered under Part 1 of that Act (care services);
(j) the applicant’s suitability to be registered under Part 1 of  the
Health and Personal Social Services Act (Northern Ireland) 2001(social care workers);
(k) the applicant’s suitability to be registered under Part 3 of  the
Health and Personal Social Services (Quality, Improvement andRegulation) (Northern Ireland) Order 2003 (regulation ofestablishments and agencies).
(2) The power to make an order under section 113C or 113D is exe rcisable
by statutory instrument, but no such order may be made unless a  draft
of the order has been laid before and approved by a resolution of each
House of Parliament.
(3) If the power mentioned in subsection (2) is exercised by the  Scottish
Ministers, the reference in that subsection to each House of Pa rliament
must be construed as a reference to the Scottish Parliament.”
(3) Schedule 14 (which makes consequential amendments to Part 5 of the Police
Act 1997 (c. 50)) has effect.
(4) If section 115(1) of the Adoption and Children Act 2002 (c. 3 8) 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 modif ications as he
thinks necessary or expedient for the purpose of enabling a cer tificate 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 guar dianship order
under section 14A of the Children Act 1989 (c. 41).
164 Criminal records checks: verification of identity
(1) Section 118 of the Police Act 1997 (evidence of identity) is  amended as follows.
(2) In subsection (1) after “117” insert “or 120”.Serious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous130
(3) After subsection (2) insert—
“(2A) For the purpose of verifying evidence of identity supplied  in pursuance
of subsection (1) the Secretary of State may obtain such inform ation as
he thinks is appropriate from data held—
(a) by the United Kingdom Passport Agency;
(b) by the Driver and Vehicle Licensing Agency;
(c) by Driver and Vehicle Licensing Northern Ireland;
(d) by the Secretary of State in connection with keeping records  of
national insurance numbers;
(e) by such other persons or for such purposes as is prescribed. ”
165 Certain references to police forces
(1) In section 119 of the Police Act 1997 (c. 50) (sources of inf ormation), 
(a) in subsection (3) for “the prescribed fee” substitute “such fee as he
thinks appropriate”;
(b) after subsection (5) insert—
“(6) For the purposes of this section references to a police for ce
include any body mentioned in subsections (10)(a) to (i) and (1 1)
of section 113B and references to a chief officer must beconstrued accordingly.
(7) In the case of such a body the reference in subsection (3) t o the
appropriate police authority must be construed as a reference t o
such body as is prescribed.”
(2) In each version of section 120A of that Act (as inserted res pectively by section
134(1) of the Criminal Justice and Police Act 2001 (c. 16) and s ection 70 of the
Criminal Justice (Scotland) Act 2003 (asp 7)), after subsection  (5) insert—
“(6) For the purposes of this section references to a police for ce include any
body mentioned in subsections (10)(a) to (i) and (11) of sectio n 113B and
references to a chief officer must be construed accordingly.”
(3) 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—
“(6) For the purposes of this section the reference to a police force includes
any body mentioned in subsections (10)(a) to (i) and (11) of se ction 113B
and the reference to a chief officer must be construed accordin gly.”
166 Further amendments to Police Act 1997 as it applies to Scotl and
(1) In section 120A of the Police Act 1997 (as inserted by secti on 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 conside r appropriate”.
(2) In section 126 of that Act of 1997 after subsection (2) inse rt—
“(3) In the application of this Part to Scotland references to t he Secretary of
State must be construed as references to the Scottish Ministers .
(4) Subsection (3) does not apply to section 118(2A)(c) or 124A( 1) and (2).”Serious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous131
167 Part 5 of the Police Act 1997: Northern Ireland
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 Irel and as well as to
England and Wales, and accordingly in section 337(5) of that Ac t of 2003
(extent)—
(a) after “section 315” insert—
“section 328;”;
(b) after “Schedule 5” insert—
“Schedule 35.”
168 Part 5 of the Police Act 1997: Channel Islands and Isle of M an
(1) Her Majesty may by Order in Council extend any provision of Part 5 of the
Police Act 1997 (certificates of criminal records etc.), with s uch modifications
as appear to Her Majesty in Council to be appropriate, to any o f the Channel
Islands or the Isle of Man.
(2) An order under this section may make such consequential, inc idental,
supplementary, transitory or transitional provision or savings as Her Majesty
in Council thinks appropriate.
Witness summonses
169 Powers of Crown Court and Magistrates’ Court to issue witnes s summons
(1) In section 2(1) of the Criminal Procedure (Attendance of Wit nesses) Act 1965
(c. 69) (issue of witness summons on application to Crown Court)  for
paragraph (b) substitute—
“(b) it is in the interests of justice to issue a summons under this
section to secure the attendance of that person to give evidenc e
or to produce the document or thing.”
(2) In section 97 of the Magistrates’ Courts Act 1980 (c. 43) (su mmons to witness)
for subsection (1) substitute—
“(1) Where a justice of the peace is satisfied that— 
(a) any person in England or Wales is likely to be able to give
material evidence, or produce any document or thing likely tobe material evidence, at the summary trial of an information orhearing of a complaint by a magistrates’ court, and
(b) it is in the interests of justice to issue a summons under t his
subsection to secure the attendance of that person to giveevidence or produce the document or thing,
the justice shall issue a summons directed to that person requi ring him
to attend before the court at the time and place appointed in t he
summons to give evidence or to produce the document or thing.”
(3) In section 97A(1) of that Act (summons as to committal proce edings) for
paragraph (b) substitute—
“(b) it is in the interests of justice to issue a summons under this
section to secure the attendance of that person to give evidenc e
or to produce the document or other exhibit, and”.
(4) In paragraph 4(1) of Schedule 3 to the Crime and Disorder Ac t 1998 (c. 37)Serious Organised Crime and Police Act 2005 (c. 15)
Part 5 — Miscellaneous132
(power of justice to take depositions etc.) for paragraph (b) s ubstitute—
“(b) it is in the interests of justice to issue a summons under this
paragraph to secure the attendance of the witness to have hisevidence taken as a deposition or to produce the document orother exhibit.”
(5) In section 51A(1) of the Judicature (Northern Ireland) Act 1 978 (c. 23) (issue of
witness summons on application to Crown Court) for paragraph (b )
substitute—
“(b) it is in the interests of justice to issue a summons under this
section to secure the attendance of that person to give evidenc e
or to produce the document or thing.”
170 Powers of courts-martial etc. to issue warrants of arrest in  respect of witnesses
(1) Section 25 of the Armed Forces Act 2001 (c. 19) (powers to co mpel attendance
of witnesses) is amended as follows.
(2) In subsection (1) (which inserts a new section 101A in the A rmy Act 1955
(3 & 4 Eliz. 2 c. 18)), in subsection (1) of the new section 101A, f or paragraph (b)
substitute—
“(b) that it is in the interests of justice that the person shou ld attend
to give evidence or to produce the document or other thing,and”.
(3) In subsection (2) (which inserts a new section 101A in the A ir Force Act 1955
(3 & 4 Eliz. 2 c. 19)), in subsection (1) of the new section 101A, f or paragraph (b)
substitute—
“(b) that it is in the interests of justice that the person shou ld attend
to give evidence or to produce the document or other thing,and”.
(4) In subsection (3) (which inserts a new section 65A in the Na val Discipline Act
1957), in subsection (1) of the new section 65A, for paragraph (b) substitute—
“(b) that it is in the interests of justice that the person shou ld attend
to give evidence or to produce the document or other thing,and”.
Private Security Industry Act 2001: Scotland
171 Private Security Industry Act 2001: Scottish extent
(1) Schedule 15 amends the Private Security Industry Act 2001 (c . 12) in relation to
its extent to Scotland.
(2) In Schedule 2 to the Scottish Public Services Ombudsman Act 2002 (asp 11)
(persons liable to investigation) after paragraph 90 add—
“91 The Security Industry Authority.”Serious Organised Crime and Police Act 2005 (c. 15)
Part 6 — Final provisions133
PART 6
FINAL  PROVISIONS
172 Orders and regulations
(1) Any power of the Secretary of State to make an order or regu lations under this
Act, and any power of the Scottish Ministers to make an order u nder this Act,
is exercisable by statutory instrument.
(2) Any such power—
(a) may be exercised so as to make different provision for diffe rent cases or
descriptions of case or different purposes or areas, and
(b) 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).
(3) Subject to subsections (4) and (5), orders or regulations ma de by the Secretary
of State under this Act are to be subject to annulment in pursu ance of a
resolution of either House of Parliament.
(4) Subsection (3) does not apply to any order under section 1(3 ), 161(4) or 178.
(5) Subsection (3) also does not apply to—
(a) any order under section 33(2)(f);
(b) any order under section 52;
(c) any order under section 61(4);
(d) any order under section 76(4);
(e) any order under section 82(6);
(f) any order under section 87(5);
(g) any order under section 89(5);
(h) any order under section 96(1);
(i) any order under section 97(1);
(j) any order under section 146(6), 148(4) or 149;
(k) any order under section 173 which amends or repeals any prov ision of
an Act;
and no such order may be made by the Secretary of State (whethe r alone or
with other provisions) unless a draft of the statutory instrume nt containing the
order has been laid before, and approved by a resolution of, ea ch House of
Parliament.
(6) Subject to subsections (7) and (8), orders made by the Scott ish Ministers under
this Act are to be subject to annulment in pursuance of a resol ution of the
Scottish Parliament.
(7) Subsection (6) does not apply to any order under section 178 .
(8) Subsection (6) also does not apply to—
(a) any order under section 52;
(b) any order under section 61(5);
(c) any order under section 77(4);
(d) any order under section 87(6);
(e) any order under section 89(6);Serious Organised Crime and Police Act 2005 (c. 15)
Part 6 — Final provisions134
(f) any order under section 96(1);
(g) any order under section 173 which amends or repeals any prov ision of
an Act;
and no such order may be made by the Scottish Ministers (whethe r alone or
with other provisions) unless a draft of the statutory instrume nt containing the
order has been laid before, and approved by a resolution of, th e Scottish
Parliament.
173 Supplementary, incidental, consequential etc. provision
(1) The Secretary of State may by order make—
(a) such supplementary, incidental or consequential provision, o r
(b) such transitory, transitional or saving provision,
as he considers appropriate for the general purposes, or any pa rticular
purpose, of this Act, or in consequence of, or for giving full effect to, any
provision made by this Act.
(2) An order under subsection (1) may amend, repeal, revoke or o therwise modify
any enactment (including this Act).
(3) The power to make an order under subsection (1) includes pow er to repeal or
revoke an enactment which is spent.
(4) Before exercising the power conferred by subsection (1) in r elation to an
enactment which extends to Scotland, the Secretary of State mus t consult the
Scottish Ministers.
(5) 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—
(a) 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
(b) for the purposes of, in consequence of, or for giving full e ffect to—
(i) section 77, 156, 171 or Schedule 15,
( i i ) s o  f a r  a s  e x t e n d i n g  t o  S c o t l a n d ,  a n y  p r o v i s i o n  m e n t i o n e d  i n
section 178(4),
(iii) so far as relating as mentioned in section 178(5), section  174(2)
and Schedule 17,
(iv) so far as having effect as mentioned in section 178(6)(a), section
96.
(6) But an order under—
(a) paragraph (b)(i) of subsection (5) in relation to section 17 1 or Schedule
15, or
(b) paragraph (b)(iv) of that subsection,
may be made only after consulting the Secretary of State.
(7) Nothing in this Act affects the generality of the power conf erred by this section.
174 Minor and consequential amendments, repeals and revocations
(1) Schedule 16 makes provision for remaining minor and conseque ntial
amendments (search warrants).Serious Organised Crime and Police Act 2005 (c. 15)
Part 6 — Final provisions135
(2) Schedule 17 makes provision for the repeal and revocation of  enactments
(including enactments which are spent).
175 Penalties for offences: transitional modification for Englan d and Wales
(1) This section contains transitional modifications in respect of penalties for
certain offences committed in England or Wales.
(2) In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003 (c. 44) (general limit on magis trates’ court’s
power to impose imprisonment), the references in the following provisions to
periods of imprisonment of 12 months are to be read as referenc es to periods
of imprisonment of 6 months—
section 67(5)(b);
section 86(2)(b);section 88(3)(b);
section 147(1)(a).
(3) In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003 (alteration of penalties for s ummary offences),
the references in the following provisions of this Act to perio ds of
imprisonment of 51 weeks are to be read as references to the pe riods of
imprisonment specified in respect of those provisions as follow s—
176 Expenses
(1) There shall be paid out of money provided by Parliament—
(a) any expenditure incurred by the Secretary of State by virtue  of this Act;
(b) any increase attributable to this Act in the sums payable ou t of money
so provided under any other enactment.Section Modified period of 
imprisonment
section 51(4)(a) 6 months
section 51(5)(a) 1 monthsection 57(4)(a) 6 monthssection 57(5)(a) 1 monthsection 67(4)(a) 6 monthssection 79(10)(a)(i) 6 monthssection 112(5) 4 monthssection 128(5)(a) 6 monthssection 136(1) 3 monthssection 136(3)(a) 3 monthssection 136(4) 3 monthsSerious Organised Crime and Police Act 2005 (c. 15)
Part 6 — Final provisions136
(2) Subsection (1)(a) does not apply to any expenditure of the S ecretary of State
under section 155.
177 Interpretation 
(1) In this Act “SOCA” means the Serious Organised Crime Agency.(2) In this Act “enactment” includes—
(a) an enactment contained in or made under an Act of the Scotti sh
Parliament or Northern Ireland legislation, and
(b) an enactment comprised in subordinate legislation (within th e meaning
of the Interpretation Act 1978 (c. 30)).
(3) In this Act references to enactments include enactments pass ed or made after
the passing of this Act.
(4) Subsections (2) and (3) apply except where the context other wise requires.
178 Commencement
(1) The following provisions come into force on the day on which  this Act is
passed—
(a) sections 117(7) (and section 117(6) so far as relates to it) , 158, 167, 172,
173, 176, 177, this section and section 179, and
(b) Part 1 of Schedule 17 and (so far as it relates to that Part  of that
Schedule) section 174(2).
(2) Section 163(4) comes into force at the end of the period of three months
beginning with the day on which this Act is passed.
(3) Sections 77 and 156 come into force on such day as the Scott ish Ministers may
by order appoint.
(4) So far as they extend to Scotland—
(a) Chapter 1 of Part 2,
(b) sections 79 to 81,
(c) Chapter 4 of Part 2 (including Schedule 5),
(d) sections 163 to 166, and
(e) Schedule 14,
come into force on such day as the Scottish Ministers may by or der appoint.
(5) So far as they relate—
(a) to sections 113 and 115 of the Police Act 1997 (c. 50) as tho se sections
apply to Scotland;
(b) to section 125 of that Act, to the Regulation of Care (Scotl and) Act 2001
(asp 8), to the Protection of Children (Scotland) Act 2003 (asp  5) and to
the Criminal Justice (Scotland) Act 2003 (asp 7),
section 174(2) and Schedule 17 come into force on such day as t he Scottish
Ministers may by order appoint.
(6) The following provisions come into force on such day as the Scottish Ministers
may by order appoint after consulting the Secretary of State—
(a) section 96 so far as it has effect for the purpose of confer ring functions
on the Scottish Ministers, and
(b) section 171 and Schedule 15.Serious Organised Crime and Police Act 2005 (c. 15)
Part 6 — Final provisions137
(7) The following provisions come into force on such day as the Secretary of State
may by order appoint after consulting the Scottish Ministers—
(a) sections 95, 98(2), 99(2) and (3), 100, 101 and 107, and
(b) paragraphs 1 and 6 of Schedule 6, and section 109 so far as relating to
those paragraphs.
(8) Otherwise, this Act comes into force on such day as the Secr etary of State may
by order appoint.
(9) Different days may be appointed for different purposes or di fferent areas.
(10) 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.
(11) The power conferred by subsection (10) is exercisable by th e Scottish Ministers
(rather than the Secretary of State) in connection with any pro vision of this Act
which comes into force by order made by the Scottish Ministers.
179 Short title and extent
(1) This Act may be cited as the Serious Organised Crime and Pol ice Act 2005.
(2) Subject to the following provisions, this Act extends to Eng land and Wales
only.
(3) The following extend also to Scotland—
(a) sections 1 to 54, 57 and 58,
(b) sections 60 to 68, 70, 79 to 96, 98 to 106, 107(1) and (4) a nd 108,
(c) section 123,
(d) section 131,
(e) sections 150 to 153, 156(6), 158, 163(1) and (2), 164, 165(1 ) and (2), 166(2),
167 and 171(1),
(f) sections 172, 173, 176 to 178 and this section,
(g) Schedules 1, 3, 5 and 15.
(4) The following extend to Scotland only—
(a) section 77 and 107(3),
(b) sections 129 and 130(3),
(c) sections 156(1) to (5), 166(1) and 171(2).
(5) The following extend also to Northern Ireland—
(a) sections 1 to 54, 57 and 58,
(b) sections 68, 71 to 75, 79 to 106, 107(1), (2) and (4) and 10 8,
(c) section 123(1),
(d) sections 128, 131 and 144,
(e) sections 150(1), 151, 163(1) and (2), 164, 165, 166(2) and 1 67,
(f) sections 172, 173, 176 to 178 and this section,
(g) Schedules 1, 3 and 5.
(6) The following extend to Northern Ireland only—
(a) section 55(2),
(b) section 78,
(c) section 130(2),Serious Organised Crime and Police Act 2005 (c. 15)
Part 6 — Final provisions138
(d) Part 2 of Schedule 10.
(7) The following have the same extent as the enactments to whic h they relate—
(a) section 55(1) and Schedule 2,
(b) section 59 and Schedule 4,
(c) section 109 and Schedule 6,
(d) section 154,
(e) section 159 and Schedule 11,
(f) section 160 and Schedule 12,
(g) section 161(5) (so far as it has effect for the purposes of Part 2 of
Schedule 13) and that Part of that Schedule,
(h) section 163(3) and Schedule 14,
(i) sections 169(5) and 170,
(j) (subject to subsection (8)) section 174(2) and Schedule 17.
(8) So far as Schedule 17 contains a repeal or revocation of an enactment which
corresponds to the repeal or revocation of that enactment by an other provision
of this Act, that Schedule and section 174(2) have the same ext ent as that other
provision.
(9) So far as they relate to any provision of this Act which ext ends to any place
outside the United Kingdom, sections 172, 173, 177, 178 and thi s section also
extend there.
(10) Subsection (2) does not apply to the following—
(a) section 168, or
(b) any provision of Schedule 7 which makes provision as to its extent.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 1 — The Serious Organised Crime Agency 139
SCHEDULES
SCHEDULE 1 Section 1
THE SERIOUS  ORGANISED  CRIME  AGENCY  
PART 1
THE BOARD  OF SOCA
Membership
1 (1) SOCA shall consist of—
(a) a chairman,
(b) such number of ex-officio members as SOCA may from time to t ime
determine, and
(c) such number of other members (“ordinary members”) as the
Secretary of State may so determine.
(2) The following limits apply for the purposes of sub-paragraph  (1)—
(a) the number of ex-officio members determined under sub-paragr aph
(1)(b) must not at any time exceed such number as may for the t ime
being be specified by the Secretary of State,
(b) the number of ordinary members determined under sub-paragrap h
(1)(c) must not at any time be less than the number of ex-offic io
members for the time being determined under sub-paragraph (1)(b ),
and
(c) the total of the numbers determined under sub-paragraph (1)( b) and
(c) must not at any time be less than four.
(3) The chairman and the ordinary members are to be appointed by  the
Secretary of State.
(4) Before appointing a person to hold office as chairman the Se cretary of State
must consult the Scottish Ministers.
(5) For the purposes of this Schedule the “ex-officio members” a re—
(a) the Director-General of SOCA (see paragraph 9), and
(b) such other employees of SOCA as may for the time being be
appointed by the Director General after consulting the chairman .
(6) References in any enactment to members of SOCA are (unless t he context
otherwise requires) references to any of its members mentioned in sub-
paragraph (1).Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 1 — The Serious Organised Crime Agency
Part 1 — The Board of SOCA140
Tenure of office: chairman and ordinary members
2 The chairman and the ordinary members shall hold and vacate of fice as such
in accordance with the terms of their respective appointments.
This is subject to paragraphs 3 and 4.
3 (1) An appointment of a person to hold office as chairman or or dinary member
shall be for a term not exceeding five years.
(2) A person holding office as chairman or ordinary member may a t any time
resign that office by giving notice in writing to the Secretary  of State.
4 The Secretary of State may by notice in writing remove a perso n from office
as chairman or ordinary member if satisfied that—
(a) he has without reasonable excuse failed, for a continuous pe riod of
three months, to carry out his functions as chairman or ordinar y
member;
(b) he has without reasonable excuse been absent from three cons ecutive
meetings of SOCA;
(c) he has been convicted (whether before or after his appointme nt) of a
criminal offence;
(d) he is an undischarged bankrupt or his estate has been seques trated
and he has not been discharged;
(e) he is the subject of a bankruptcy restrictions order or an i nterim order
under Schedule 4A to the Insolvency Act 1986 (c. 45) or an order  to
the like effect made under any corresponding enactment in force  in
Scotland or Northern Ireland;
(f) he has made a composition or arrangement with, or granted a trust
deed for, his creditors;
(g) he has failed to comply with the terms of his appointment; o r
(h) he is otherwise unable or unfit to carry out his functions a s chairman
or ordinary member.
5 A person who ceases to be the chairman or an ordinary member i s eligible
for re-appointment, except where he is removed from office unde r
paragraph 4.
Remuneration, pensions etc. of chairman and ordinary members
6 (1) SOCA shall pay to the chairman and each of the ordinary mem bers such
remuneration and allowances as may be determined by the Secreta ry of
State.
(2) SOCA shall, if required to do so by the Secretary of State—
(a) pay such pension, allowances or gratuities as may be determi ned by
the Secretary of State to or in respect of a person who is or h as been
the chairman or an ordinary member, or
(b) make such payments as may be so determined towards provision  for
the payment of a pension, allowances or gratuities to or in res pect of
such a person.
(3) If the Secretary of State determines that there are special circumstances
which make it right for a person ceasing to hold office as chai rman or
ordinary member to receive compensation, SOCA shall pay to him a sum bySerious Organised Crime and Police Act 2005 (c. 15)
Schedule 1 — The Serious Organised Crime Agency 
Part 1 — The Board of SOCA141
way of compensation of such amount as may be determined by the Secretary
of State.
(4) Service as chairman of SOCA shall be included among the kind s of service
to which a scheme under section 1 of the Superannuation Act 197 2 (c. 11) can
apply, and accordingly in Schedule 1 to that Act (in which thos e kinds of
service are listed) insert at the appropriate place—
“Chairman of the Serious Organised Crime Agency.”
(5) SOCA must pay to the Minister for the Civil Service, at such  times as he may
direct, such sums as he may determine in respect of any increas e attributable
to sub-paragraph (4) in the sums payable out of money provided by
Parliament under that Act.
Termination of office of ex-officio members
7 (1) The Director General ceases to be an ex-officio member of S OCA on ceasing
to be Director General.
(2) Any other ex-officio member of SOCA ceases to be such a memb er—
(a) on ceasing to be an employee of SOCA, or
(b) if the Director General by notice in writing revokes his app ointment
as ex-officio member.
(3) Before revoking an appointment under sub-paragraph (2)(b) th e Director
General must consult the chairman of SOCA.
(4) An ex-officio member other than the Director General may at any time
resign his office as ex-officio member by giving notice in writ ing to the
Director General.
PART 2
DIRECTOR  GENERAL  AND  OTHER  STAFF
SOCA’s staff
8 (1) SOCA shall have—
(a) a Director General (see paragraph 9), and
(b) such other employees as SOCA may appoint.
(2) SOCA may make arrangements for persons to be seconded to SOC A to serve
as members of its staff.
(3) A member of a police force on temporary service with SOCA sh all be under
the direction and control of SOCA.
(4) References in any enactment to members of staff of SOCA are (unless the
context otherwise requires) references to persons who either ar e employees
of SOCA or have been seconded to SOCA to serve as members of it s staff.
The Director General
9 (1) The Director General shall be—
(a) appointed by the Secretary of State, and
(b) employed by SOCA on such terms and conditions as the Secreta ry of
State may determine.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 1 — The Serious Organised Crime Agency
Part 2 — Director General and other staff142
(2) But a person may not be so appointed for a term exceeding fi ve years.
(3) Before appointing a person as Director General the Secretary  of State must
consult—
(a) the chairman of SOCA, and
(b) the Scottish Ministers.
(4) SOCA shall pay to its Director General such remuneration and  allowances
as the Secretary of State may determine.
Termination or suspension of appointment of Director General
10 (1) The Secretary of State may call on the Director General to  retire or to resign
from his office as Director General—
(a) in the interests of efficiency or effectiveness, or
(b) by reason of any misconduct by the Director General.
(2) But before doing so the Secretary of State must have complie d with sub-
paragraphs (3) to (6).
(3) The Secretary of State must give the Director General—
(a) an explanation in writing of the grounds on which the Secret ary of
State proposes to call upon the Director General to retire or r esign as
mentioned in sub-paragraph (1)(a) or (b), and
(b) an opportunity to make representations to the Secretary of S tate
(including an opportunity to make them in person).
(4) The Secretary of State must consider any representations mad e by or on
behalf of the Director General.
(5) The Secretary of State must send a copy of the explanation m entioned in sub-
paragraph (3)(a) to the chairman of SOCA.
(6) The Secretary of State must consult—
(a) the chairman of SOCA, and
(b) the Scottish Ministers.
(7) If the Director General is, under sub-paragraph (1), called upon to retire or
resign, he must retire or resign with effect from—
(a) such date as the Secretary of State may specify, or
(b) such earlier date as may be agreed between him and the Secre tary of
State.
(8) If the Secretary of State considers that it is necessary to do so for the
maintenance of public confidence in SOCA, he may suspend the Di rector
General from duty.
But before doing so the Secretary of State must have complied w ith sub-
paragraph (6).
(9) Nothing in this paragraph affects any power of the Secretary  of State to
terminate or suspend the Director General’s employment with SOC A in
accordance with the terms and conditions of that employment.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 1 — The Serious Organised Crime Agency 
Part 2 — Director General and other staff143
Delegation of functions of Director General
11 (1) Anything authorised or required to be done by the Director  General may be
done by any other member of SOCA’s staff who is authorised for the
purpose by the Director General (whether generally or specially ).
(2) This paragraph does not apply in any case in relation to whi ch specific
provision for the delegation of any function of the Director Ge neral is made
by this Act or any other enactment.
Remuneration and pensions of staff
12 (1) SOCA shall pay to its employees such remuneration and allo wances as it
may determine.
(2) Sub-paragraph (1) does not apply to the Director General (to  w h o m
paragraph 9(4) applies instead).
13 (1) SOCA may pay, or make payments in respect of, such pension s, allowances
or gratuities to or in respect of its employees or former emplo yees as it may
determine.
(2) Employment with SOCA shall be included among the kinds of em ployment
to which a scheme under section 1 of the Superannuation Act 197 2 (c. 11) can
apply, and accordingly in Schedule 1 to that Act (in which thos e kinds of
employment are listed) insert at the appropriate place—
“Employment by the Serious Organised Crime Agency.”
(3) If any person—
(a) on ceasing to be employed by SOCA becomes or continues to be  one
of its members, and
(b) was, by reference to his employment, a participant in a sche me under
section 1 of that Act,
the Minister for the Civil Service may determine that his servi ce as a member
of SOCA is to be treated for the purposes of the scheme as if h is service as a
member were service as an employee of SOCA (whether or not any benefits
are payable to or in respect of him by virtue of paragraph 6).
(4) SOCA shall pay to the Minister for the Civil Service, at suc h times as he may
direct, such sums as he may determine in respect of any increas e attributable
to this paragraph in the sums payable out of money provided by Parliament
under that Act.
Insurance
14 The Employers’ Liability (Compulsory Insurance) Act 1969 (c. 5 7) does not
require insurance to be effected by SOCA.
PART 3
COMMITTEES , PROCEDURE  ETC.
Committees
15 (1) SOCA may establish committees.
(2) Any committee so established may establish one or more sub-c ommittees.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 1 — The Serious Organised Crime Agency
Part 3 — Committees, procedure etc.144
(3) Any such committee or sub-committee must be a chaired by a m ember of
SOCA.
(4) A person who is not a member of SOCA may be appointed to any  such
committee or sub-committee.
(5) If a member of any such committee or sub-committee is neithe r—
(a) a member of SOCA, nor
(b) a member of its staff,
S O C A  m a y  p a y  t o  h i m  s u c h  r e m u n e r a t i o n  a n d  a l l o w a n c e s  a s  i t  m a y
determine.
Delegation to committees and staff
16 (1) SOCA may, to such extent as it may determine, delegate any  of its functions
to any of its committees or to any members of its staff. 
(2) Any of SOCA’s committees may, to such extent as the committe e may
determine, delegate any function conferred on it to any of its sub-
committees or to any member of SOCA’s staff.
Proceedings
17 (1) Subject to the following provisions of this paragraph, SOC A may regulate—
(a) its own proceedings (including quorum), and
(b) the procedure (including quorum) of its committees and sub-
committees.
(2) Any determination as to the quorum for meetings of SOCA or a ny of its
committees or sub-committees must be made at a meeting of SOCA that is
attended by both the chairman and the Director General.
(3) The quorum for meetings of SOCA shall in the first instance be determined
by a meeting of SOCA that is attended by at least five of its m embers.
18 (1) The validity of any proceedings of SOCA, or any of its com mittees or sub-
committees, shall not be affected by—
(a) any vacancy among the members of SOCA or the committee or su b-
committee;
(b) any defect in the appointment of any of those members or of the
chairman or Director General; or
(c) any vacancy in the office of the chairman or the Director Ge neral.
(2) The proceedings to which this paragraph apply include those within sub-
paragraph (2) (but not (3)) of paragraph 17.
Evidence
19 Any document purporting to be signed on behalf of SOCA shall be received
in evidence and, unless the contrary is proved, be taken to be so signed.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 1 — The Serious Organised Crime Agency 
Part 4 — General145
PART 4
GENERAL
Status
20 SOCA is not to be regarded—
(a) as the servant or agent of the Crown, or
(b) as enjoying any status, immunity or privilege of the Crown;
and SOCA’s property is not to be regarded as property of, or pr operty held
on behalf of, the Crown.
Incidental powers
21 (1) In connection with exercising its functions SOCA may (subj ect to the
provisions of this Act)—
(a) enter into contracts and other agreements (whether legally b inding
or not);
(b) acquire and dispose of property (including land);
(c) borrow money; and
(d) do such other things as SOCA thinks necessary or expedient.
(2) The power conferred by sub-paragraph (1)(b) includes accepti ng—
(a) gifts of money, and
(b) gifts or loans of other property,
on such terms as SOCA considers appropriate (which may include terms
providing for the commercial sponsorship of any of SOCA’s activ ities).
(3) But SOCA may exercise the power conferred by sub-paragraph ( 1)(b) or (c)
only with the consent of the Secretary of State.
(4) Such consent may be given—
(a) with respect to a particular case or with respect to a class  of cases;
(b) subject to such conditions as the Secretary of State conside rs
appropriate.
SCHEDULE 2 Section 55
FUNCTIONS  OF INDEPENDENT  POLICE  COMPLAINTS  COMMISSION  IN RELATION  TO SOCA
1 The Police Reform Act 2002 (c. 30) has effect subject to the f ollowing
amendments.
2 In section 9(3) (persons ineligible for appointment as members  of the
Independent Police Complaints Commission)—
(a) after paragraph (d) insert—
“(da) he is or has been the chairman or a member of, or a
member of the staff of, the Serious Organised CrimeAgency;”; and
(b) in paragraph (e), omit “is or”.
3 (1) Section 10 (general functions of the Commission) is amended  as follows.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 2 — Functions of Independent Police Complaints Commiss ion in relation to SOCA146
(2) In subsection (1)—
(a) at the end of paragraph (e) omit “and”;
(b) in paragraph (f) omit “the National Criminal Intelligence Se rvice, the
National Crime Squad and”; and
(c) at the end of that paragraph insert “; and
(g) to carry out functions in relation to the Serious
Organised Crime Agency which correspond to thoseconferred on the Commission in relation to policeforces by paragraph (e) of this subsection.”
(3) In subsection (3)—
(a) omit paragraph (a);
(b) after paragraph (b) insert—
“(ba) any agreement under section 26A of this Act (Serious
Organised Crime Agency);”; and
(c) in paragraph (d) omit “the National Criminal Intelligence Se rvice,
the National Crime Squad or”.
(4) In subsection (7), omit “or” at the end of paragraph (a) and  at the end of
paragraph (b) insert “or
(c) its function under subsection (1)(g),”.
4 (1) Section 11 (reports) is amended as follows.
(2) In subsection (6), for paragraphs (b) and (c) substitute—
“(b) to the Serious Organised Crime Agency; and”.
(3) For subsection (8) substitute—
“(8) Where a report under subsection (3) relates to the Serious Organised
Crime Agency, the Commission shall send a copy of that report t o
the Agency.”
(4) In subsection (10), for paragraphs (d) and (e) substitute—
“(d) the Serious Organised Crime Agency;”.
5 (1) Section 15 (general duties of police authorities etc.) is a mended as follows.
(2) After subsection (1) insert—
“(1A) It shall be the duty of the Serious Organised Crime Agency  to ensure
that it is kept informed, in relation to the Agency, about all matters
falling within subsection (2).”
(3) In subsection (3)—
(a) for paragraph (c) substitute—
“(c) a police authority or chief officer requires the Director
General of the Serious Organised Crime Agency toprovide a member of the staff of that Agency forappointment under any of those paragraphs,”; and
(b) for “or Director General to whom the requirement is addresse d”
substitute “to whom the requirement is addressed or of the Dire ctor
General”.
(4) In subsection (4), at the end of paragraph (b) insert “and” and for paragraphs
(c) and (d) substitute—
“(c) the Serious Organised Crime Agency,”.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 2 — Functions of Independent Police Complaints Commiss ion in relation to SOCA147
(5) In subsection (5), at the end of paragraph (b) insert “and” and for paragraphs
(c) and (d) substitute—
“(c) the Serious Organised Crime Agency,”.
(6) In subsection (6)—
(a) for “the Directors General of the National Criminal Intellig ence
Service and of the National Crime Squad” substitute “the Seriou s
Organised Crime Agency”;
(b) in paragraph (a), for “of that Service or Squad” substitute “a member
of the staff of the Agency”; and
(c) omit the words from “or, as the case may be” to the end of t he
subsection.
(7) In subsection (7), for the words from “and in this subsectio n” onwards
substitute “and where the person whose conduct is under investi gation was
a member of the staff of the Serious Organised Crime Agency at the time of
the conduct, “third force” means any police force other than th e force to
which the person carrying out the investigation belongs.”
(8) After subsection (7) insert—
“(8) Where the person who requires assistance and co-operation u nder
subsection (5) is a member of the staff of the Serious Organise d
Crime Agency, a chief officer of a third force may be required to give
that assistance and co-operation only with the approval of theDirector General of the Agency.
In this subsection, “third force”, in relation to an investigat ion, means
any police force other than the force to which the person whoseconduct is under investigation belonged at the time of the cond uct.
(9) Where—
(a) the person carrying out an investigation is not a member of
the staff of the Serious Organised Crime Agency; and
(b) the person whose conduct is under investigation was not a
member of the staff of the Agency at the time of the conduct,
the Director General of the Agency may be required to give
assistance and co-operation under subsection (5) only with theapproval of the chief officer of the force to which the personrequiring it belongs.”
6 In section 16 (payment for assistance with investigations), fo r subsections (5)
and (6) substitute—
“(5) In this section (subject to subsection (6))—
(a) references to a police force and to a police authority
maintaining a police force include references to the SeriousOrganised Crime Agency; and
(b) in relation to that Agency, references to the chief officer are
references to the Director General.
(6) This section shall have effect in relation to cases in which  assistance
is required to be provided by the Serious Organised Crime Agenc y
as if—
(a) the reference in subsection (3)(b) to police authorities
generally included a reference to the Agency; andSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 2 — Functions of Independent Police Complaints Commiss ion in relation to SOCA148
(b) the reference in subsection (4)(b) to police authorities
generally were a reference to the Agency.”
7 Omit section 25 (NCIS and NCS).
8 After section 26 insert—
“26A Serious Organised Crime Agency
(1) The Commission and the Serious Organised Crime Agency must
enter into an agreement for the establishment and maintenance i n
relation to members of the Agency’s staff of procedurescorresponding or similar to those provided for by or under this  Part.
(2) An agreement under this section— 
(a) must not be made or varied except with the approval of the
Secretary of State; and
(b) must not be terminated unless—
(i) it is replaced by another such agreement, and
(ii) the Secretary of State approves.
(3) An agreement under this section may contain provision for en abling
the Commission to bring and conduct, or otherwise participate o r
intervene in, any proceedings which are identified by the agree ment
as disciplinary proceedings in relation to members of the Agenc y’s
staff.
(4) An agreement under this section must not confer any function  on the
Commission in relation to so much of any complaint or conductmatter as relates to the direction and control of the Agency by  the
Director General or other members of the Agency.
(5) Procedures established in accordance with an agreement under  this
section shall have no effect in relation to anything done outsi de
England and Wales by any member of the staff of the Agency.”
9 In section 29(3) (interpretation)—
(a) for paragraph (b) substitute—
“(b) a member of the staff of the Serious Organised Crime
Agency;”; and
(b) in paragraph (d), for “(temporary service otherwise than wit h NCIS
or NCS)” substitute “(temporary service of various kinds)”.
10 In section 108(7) (extent etc.), omit paragraph (e).11 (1) Schedule 3 (handling of complaints and conduct matters) is  amended as
follows.
(2) In paragraph 16(3), for paragraph (b) substitute—
“(b) a member of the staff of the Serious Organised Crime
Agency,”.
(3) In paragraph 17(2), for paragraph (b) substitute—
“(b) a member of the staff of the Serious Organised Crime
Agency,”.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 3 — Transfers to SOCA149
SCHEDULE 3 Section 58
TRANSFERS  TO SOCA
Interpretation
1 In this Schedule—
“the 1967 Act” means the Police (Scotland) Act 1967 (c. 77);“the 1996 Act” means the Police Act 1996 (c. 16);
“the 1998 Act” means the Police (Northern Ireland) Act 1998 (c. 32);
“the Commissioners” means the Commissioners for Her Majesty’s
Revenue and Customs;
“immigration officer” means a person who is an immigration offi cer
within the meaning of the Immigration Act 1971 (c. 77);
“NCIS” means the National Criminal Intelligence Service;
“NCS” means the National Crime Squad;“relevant appointment” means an appointment under section 6, 9,  13,
14, 52, 55, 58 or 59 of, or Schedule 1 to, the Police Act 1997 (c. 50);
“transfer scheme” means a scheme made by the Secretary of State  under
this Schedule.
Staff
2 (1) A transfer scheme may provide for a person who—
(a) holds a relevant appointment,
(b) is an officer of Revenue and Customs, or
(c) is an immigration officer,
to become an employee of SOCA.
(2) If the person had a contract of employment before becoming a n employee of
SOCA, the scheme may provide for that contract to have effect ( subject to
any necessary modifications) as if originally made between him and SOCA.
(3) If the person did not have a contract of employment, the sch eme may
provide for the terms and conditions of his relevant appointmen t or service
as an officer of Revenue and Customs or an immigration officer to have
effect (subject to any necessary modifications) as the terms an d conditions of
his contract of employment with SOCA.
(4) In this paragraph “relevant appointment” does not include an  appointment
held by a person engaged on relevant service within the meaning  of—
(a) section 38A of the 1967 Act,
(b) section 97 of the 1996 Act, or
(c) section 27 of the 1998 Act.
3 A transfer scheme may provide—
(a) for relevant service within section 38A(1)(ba) of the 1967 A ct to have
effect from a time specified in the scheme as relevant service within
section 38A(1)(bc) of that Act,
(b) for relevant service within section 97(1)(ca) or (cb) of the  1996 Act to
have effect from a time specified in the scheme as relevant ser vice
within section 97(1)(cf) of that Act,Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 3 — Transfers to SOCA150
(c) for relevant service within section 27(1)(b) of the 1998 Act  to have
effect from a time specified in the scheme as relevant service within
section 27(1)(cb) of that Act.
4 (1) A transfer scheme may provide—
(a) for the secondment by virtue of which a person holds a relev ant
appointment to have effect as a secondment to SOCA, and
(b) for him to serve as a member of the staff of SOCA.
(2) The scheme may make provision as to the terms and conditions  which are to
have effect as the terms and conditions of his secondment to SO CA.
5 (1) A transfer scheme may provide—
(a) for the transfer to SOCA of the rights, powers, duties and l iabilities
of the employer under or in connection with the contract ofemployment of a person who becomes a member of the staff ofSOCA by virtue of the scheme,
(b) for anything done before that transfer by or in relation to the
employer in respect of such a contract or the employee to be tr eated
as having been done by or in relation to SOCA.
(2) Sub-paragraph (1) applies with the necessary modifications i n relation to a
person who before becoming a member of the staff of SOCA—
(a) did not have a contract of employment, or
(b) held a relevant appointment by virtue of a secondment.
(3) A transfer scheme may make provision for periods before a pe rson became
an employee of SOCA to count as periods of employment with SOCA  (and
for the operation of the scheme not to be treated as having int errupted the
continuity of that employment).
6 (1) A transfer scheme may provide for a person who—
(a) holds a relevant appointment or is an officer of Revenue and
Customs or an immigration officer, and
(b) would otherwise become a member of the staff of SOCA by the
operation of the scheme,
not to become a member of the staff of SOCA if he gives notice objecting to
the operation of the scheme in relation to him.
(2) A transfer scheme may provide for any person who would be tr eated
(whether by an enactment or otherwise) as being dismissed by th e operation
of the scheme not to be so treated.
7 (1) A transfer scheme may provide for the termination of a rele vant
appointment.
(2) The Secretary of State may make a payment of such amount (if  any) as he
may determine to the person who held the appointment.
Property, rights and liabilities etc.
8 (1) A transfer scheme may provide for the transfer to SOCA of p roperty, rights
and liabilities of any of the following—
(a) NCIS, its Service Authority and Director General,
(b) NCS, its Service Authority and Director General,
(c) the Commissioners, andSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 3 — Transfers to SOCA151
(d) the Secretary of State.
(2) The scheme may—
(a) create rights, or impose liabilities, in relation to propert y, rights and
liabilities transferred by virtue of the scheme, and
(b) apportion property, rights and liabilities between the
Commissioners, or the Secretary of State, and SOCA.
(3) The scheme may provide for things done by or in relation to persons to
whom sub-paragraph (4) applies to be—
(a) treated as done by or in relation to SOCA or members of the staff of
SOCA,
(b) continued by or in relation to SOCA or members of the staff of
SOCA.
(4) This sub-paragraph applies to—
(a) NCIS, its members and Service Authority,
(b) NCS, its members and Service Authority,
(c) the Commissioners and officers of Revenue and Customs, and
(d) the Secretary of State and immigration officers.
(5) The scheme may in particular make provision about the contin uation of
legal proceedings.
9 A transfer scheme may provide for SOCA to make any payment whi ch—
(a) before a day specified in the scheme could have been made ou t of the
NCIS service fund or the NCS service fund, but
(b) is not a liability which can be transferred by virtue of par agraph 8.
Supplementary
10 (1) A transfer scheme may contain—
(a) further provision in connection with any of the matters to w hich
paragraphs 2 to 9 relate,
(b) the provision mentioned in sub-paragraph (3).
(2) The provision which may be made under sub-paragraph (1)(a) i ncludes
provision as to the consequences of the termination of a person ’s
appointment or employment by or by virtue of the scheme.
(3) The provision mentioned in this sub-paragraph is provision—
(a) for the Secretary of State, or any other person nominated by  or in
accordance with the scheme, to determine any matter requiringdetermination under or in consequence of the scheme, and
(b) as to the payment of fees charged, or expenses incurred, by any
person nominated to determine any matter by virtue of paragraph(a).
11 (1) Before making a transfer scheme which contains any provisi on relating to
persons who fall within paragraph (a), (b) or (c) of paragraph 2(1), the
Secretary of State must consult such bodies appearing to repres ent the
interests of those persons as he considers appropriate.
(2) Before making a transfer scheme which contains any provision  relating to—
(a) officers of Revenue and Customs, orSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 3 — Transfers to SOCA152
(b) property, rights or liabilities of the Commissioners,
the Secretary of State must consult the Commissioners.
Power to make regulations
12 The Secretary of State may by regulations make—
(a) provision as to the consequences of the termination of a per son’s
employment by a transfer scheme (including provision removingany entitlement to compensation which might otherwise arise insuch circumstances);
(b) transitory, transitional or saving provision in connection w ith any
provision which is (or in the future may be) included in a tran sfer
scheme by virtue of paragraph 3.
SCHEDULE 4
Section 59
MINOR  AND  CONSEQUENTIAL  AMENDMENTS  RELATING  TO SOCA
Explosives Act 1875 (c. 17)
1 (1) Section 75 of the Explosives Act 1875 is amended as follows .
(2) In subsection (1)—
(a) after “chief officer of police,” insert “the Director Genera l of the
Serious Organised Crime Agency,”, and
(b) after “any officer of police,” insert “designated person,”.
(3) For subsection (2) substitute—
“(2) In subsection (1) “designated person” means a member of the  staff of
the Serious Organised Crime Agency who is for the time beingdesignated under section 43 of the Serious Organised Crime andPolice Act 2005 as a person having the powers of a constable (b ut this
is subject to any limitation specified in such a person’s desig nation
under that section).”
Police (Property) Act 1897 (c. 30)
2 (1) Section 2A of the Police (Property) Act 1897 (application t o NCS) is amended
as follows.
(2) For “National Crime Squad” (in each place) substitute “Serio us Organised
Crime Agency”.
(3) In subsection (2)—
(a) in paragraph (a) for “member of that Squad” substitute “memb er of
the staff of that Agency”, and
(b) in paragraph (b) for “Squad” substitute “Agency”.
(4) In subsection (3)—
(a) in paragraph (a) for “the Service Authority for that Squad” substitute
“that Agency”, and
(b) in paragraph (b) for “Squad” substitute “Agency”.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A153
(5) In the heading, for “ NCS ” substitute “ SOCA ”.
Army Act 1955 (3 & 4 Eliz. 2 c. 18)
3 In section 83BC(2) of the Army Act 1955 (police forces which m ay be advised
by prosecuting authority) omit paragraph (k).
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
4 In section 83BC(2) of the Air Force Act 1955 (police forces wh ich may be
advised by prosecuting authority) omit paragraph (k).
Naval Discipline Act 1957 (c. 53)
5 In section 52IJ(2) of the Naval Discipline Act 1957 (police fo rces which may
be advised by prosecuting authority) omit paragraph (k).
Public Records Act 1958 (c. 51)
6 In Schedule 1 to the Public Records Act 1958 (definition of pu blic records) in
Part 2 of the Table at the end of paragraph 3—
(a) at the appropriate place insert—
“Serious Organised Crime Agency.”; and
(b) omit the entries relating to the Service Authorities for the  National
Crime Squad and the National Criminal Intelligence Service.
Trustee Investments Act 1961 (c. 62)
7 The Trustee Investments Act 1961 has effect subject to the fol lowing
amendments.
8 In section 11(4) (local authority investment schemes)—
(a) in paragraph (a) omit “, the Service Authority for the Natio nal Crime
Squad”, and
(b) omit paragraph (e).
9 In Part 2 of Schedule 1 (narrower-range investments requiring advice) omit
paragraph 9(da).
Offices, Shops and Railway Premises Act 1963 (c. 41)
10 In section 90(4) of the Offices, Shops and Railway Premises A ct 1963
(persons taken to be employed for the purposes of the Act)—
(a) at the end of paragraph (c) insert “or”; and
(b) for paragraph (d) substitute—
“(d) a member of a police force seconded to the Serious
Organised Crime Agency to serve as a member of itsstaff.”
Parliamentary Commissioner Act 1967 (c. 13)
11 In Schedule 2 to the Parliamentary Commissioner Act 1967 (dep artments etc.
subject to investigation) omit the entries relating to the Serv ice AuthoritiesSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A154
for the National Crime Squad and the National Criminal Intellig ence
Service.
Police (Scotland) Act 1967 (c. 77)
12 The Police (Scotland) Act 1967 has effect subject to the foll owing
amendments.
13 In section 33 (inspectors of constabulary), in subsections (3 ) and (4), omit
“and the National Criminal Intelligence Service”.
14 (1) Section 38A (constables engaged on service outside their f orce) is amended
as follows.
(2) In subsection (1)—
(a) omit paragraph (ba), and
(b) after paragraph (bb) insert—
“(bc) relevant service as a member of the staff of the Serious
Organised Crime Agency on which a person isengaged with the consent of the appropriateauthority,”.
(3) In subsection (6)(a) for “(ba) or (bb), (e) or (f)” substitu te “(bb), (bc), (e) or (f)”.
15 In section 39(4) (liability for wrongful acts of constables) for “section 23 of the
Police Act 1997” substitute “section 23 or 25 of the Serious Or ganised Crime
and Police Act 2005”.
16 In section 41(4)(a) (assaults on constables) omit “or by a me mber of the
National Criminal Intelligence Service or of the National Crime  Squad”.
Leasehold Reform Act 1967 (c. 88)
17 In section 28(5) of the Leasehold Reform Act 1967 (bodies ret aining or
resuming land required for public services) omit paragraph (bc) .
Firearms Act 1968 (c. 27)
18 In section 54(3)(c) of the Firearms Act 1968 (application of Parts 1 and 2 to
crown servants) for “National Criminal Intelligence Service or the National
Crime Squad” substitute “staff of the Serious Organised Crime A gency”.
Employment Agencies Act 1973 (c. 35)
19 In section 13(7) of the Employment Agencies Act 1973 (interpr etation), in
paragraph (f), omit “, the Service Authority for the National C riminal
Intelligence Service, the Service Authority for the National Cr ime Squad”.
Health and Safety at Work etc. Act 1974 (c. 37)
20 In section 51A(2) of the Health and Safety at Work etc. Act 1 974 (application
of Part 1 of the Act to the police) for paragraph (b) substitut e—
“(b) in relation to a member of a police force seconded to the
Serious Organised Crime Agency to serve as a member of itsstaff, means that Agency, and”.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A155
District Courts (Scotland) Act 1975 (c. 20)
21 In section 12(1) of the District Courts (Scotland) Act 1975 ( restriction of
functions of justices who are councillors etc.) after “authorit y” insert “or a
member of staff of the Serious Organised Crime Agency”.
House of Commons Disqualification Act 1975 (c. 24)
22 The House of Commons Disqualification Act 1975 has effect sub ject to the
following amendments.
23 In section 1(1) (disqualification for membership of House of Commons) omit
paragraph (da).
24 (1) Schedule 1 (disqualifying offices) is amended as follows.
(2) In Part 2—
(a) at the appropriate place insert—
“The Serious Organised Crime Agency.”; and
(b) omit the entries relating to the Service Authorities for the  National
Crime Squad and the National Criminal Intelligence Service.
(3) In Part 3, at the appropriate place insert—
“Member of the staff of the Serious Organised Crime Agency.”
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
25 The Northern Ireland Assembly Disqualification Act 1975 has e ffect subject
to the following amendments.
26 In section 1(1) (disqualification for membership of Assembly)  o m i t
paragraph (da).
27 (1) Schedule 1 (disqualifying offices) is amended as follows.
(2) In Part 2—
(a) at the appropriate place insert—
“The Serious Organised Crime Agency.”; and
(b) omit the entries relating to the Service Authorities for the  National
Crime Squad and the National Criminal Intelligence Service.
(3) In Part 3, at the appropriate place insert—
“Member of the staff of the Serious Organised Crime Agency.”
Sex Discrimination Act 1975 (c. 65)
28 In section 17 of the Sex Discrimination Act 1975 (police), in  subsection (7)—
(a) in the definition of “chief officer of police”, omit paragra ph (aa);
(b) in the definition of “police authority”, omit paragraph (aa) ; and
(c) in the definition of “police fund”, omit the words from “, i n relation
to” (in the second place where they occur) to “the Police Act 1 997”.
Police Pensions Act 1976 (c. 35)
29 The Police Pensions Act 1976 has effect subject to the follow ing
amendments.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A156
30 In section 7(2) (payment of pensions and contributions), at t he beginning of
e a c h  o f  p a r a g r a p h s  ( c a )  t o  ( c d ) ,  i n s e r t  “ a n  e m p l o y e e  o f  S O C A  a n d who
immediately before he became an employee of SOCA was serving as ”.
31 (1) Section 11 (interpretation) is amended as follows.
(2) In subsection (1), at the beginning of each of paragraphs (b a), (bb), (bc) and
(bd), after “service” insert “as an employee of SOCA by a perso n who
immediately before he became an employee of SOCA was serving”.
(3) In subsection (2) for paragraphs (c) and (d) substitute—
“(c) in relation to any such service as is mentioned in paragrap h
(ba), (bb), (bc) or (bd) of subsection (1) or any service of th e
kind described in section 97(1)(cf) of the Police Act 1997 orsection 38A(1)(bc) of the Police (Scotland) Act 1967, it meansSOCA;”.
(4) In subsection (5), in the definition of “central service”—
(a) in paragraph (a) omit “(ca), (cb),” and after “(cc)” insert “, (cf)”, and
(b) in paragraph (b) for “(ba) or (bb)” substitute “(bb) or (bc) ”.
(5) After the definition of “pension rights” in that subsection add—
““SOCA” means the Serious Organised Crime Agency.”
32 Paragraphs 30 and 31 (and the corresponding entry in Schedule  17) do not
affect the operation of the Police Pensions Act 1976 in relatio n to any
person’s service of any of the following kinds—
(a) service as the Director General of the National Criminal Int elligence
Service;
(b) service as the Director General of the National Crime Squad;
(c) service as a police member of the National Criminal Intellig ence
Service appointed under subsection (1)(b) of section 9 of the P olice
Act 1997 (c. 50) by virtue of subsection (2)(a) of that section;
(d) service as a police member of the National Crime Squad appoi nted
under subsection (1)(b) of section 55 of the Police Act 1997 by  virtue
of subsection (2)(a) of that section;
(e) relevant service within paragraph (ca) or (cb) of section 97 (1) of the
Police Act 1996 (c. 16);
(f) relevant service within section 38A(1)(ba) of the Police (Sc otland) Act
1967 (c. 77).
Race Relations Act 1976 (c. 74)
33 The Race Relations Act 1976 has effect subject to the followi ng amendments.
34 (1) Section 76B (other police bodies) is amended as follows.
(2) Omit subsection (1).
(3) In subsection (2) omit the word “also”.
(4) After subsection (2) insert—
“(2A) Constables serving with the Serious Organised Crime Agency  do not
constitute a body of constables for the purposes of subsection (2).”Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A157
35 In Schedule 1A (bodies and other persons subject to general s tatutory
duty)—
(a) in Part 1 omit paragraphs 59 and 60,
(b) in Part 2 at the appropriate place under the heading “Other Bodies,
Etc” insert—
“The Serious Organised Crime Agency.”; and
(c) in Part 3 omit the entry relating to the Director General of  the
National Crime Squad.
Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/104 2 (N.I. 15))
36 The Sex Discrimination (Northern Ireland) Order 1976 has effe ct subject to
the following amendments.
37 In Article 84(8) (police officers) for “section 23 of the Pol ice Act 1997”
substitute “section 23 or 24 of the Serious Organised Crime and  Police Act
2005”.
38 In Article 85 (other police bodies), for paragraph (6) substi tute—
“(6) In this Article in relation to any body of constables—
(a) “chief officer of police” means the person who has the
direction and control of the body;
(b) “police authority” means the authority by which the
members of the body are paid; and
(c) “police fund” means money provided by that authority.”
Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1 978/1039 (N.I. 9))
39 In Article 47A(2) of the Health and Safety at Work (Northern Ireland) Order
1978 (application of Part II of the Order to the police) omit s ub-paragraph
(b).
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 5 5)
40 In Part 1 of Schedule 1 to the Law Reform (Miscellaneous Prov isions)
(Scotland) Act 1980 (persons ineligible for jury service) in Gr oup B, after
paragraph (nb) insert—
“(nc) members of staff of the Serious Organised Crime Agency;”.
Stock Transfer Act 1982 (c. 41)
41 In Schedule 1 to the Stock Transfer Act 1982 (securities spec ified for the
purposes of the Act) in paragraph 7(1)—
(a) at the end of paragraph (b) insert “or”; and
(b) omit paragraph (bb) and the word “or” before it.
Road Traffic Regulation Act 1984 (c. 27)
42 (1) Section 87 of the Road Traffic Regulation Act 1984 (exempt ion of fire,
ambulance and police vehicles from speed limits) is amended as follows.
(2) The existing text of that section is to be subsection (1).Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A158
(3) After that subsection add—
“(2) Subsection (1) above applies in relation to a vehicle being  used—
(a) for Serious Organised Crime Agency purposes, or
(b) for training persons to drive vehicles for use for Serious
Organised Crime Agency purposes,
as it applies in relation to a vehicle being used for police pu rposes.
(3) But (except where it is being used for training the person b y whom it
is being driven) subsection (1) above does not apply in relatio n to a
vehicle by virtue of subsection (2) above unless it is being dr iven by
a person who has been trained in driving vehicles at high speed s.”
Police and Criminal Evidence Act 1984 (c. 60)
43 The Police and Criminal Evidence Act 1984 has effect subject to the
following amendments.
44 In section 5 (reports of recorded searches and road checks) o mit subsection
(1A).
45 In section 55 (intimate searches) omit subsection (14A).
46 In section 63A(1A) (supplementary provision about fingerprint s and
samples) for paragraphs (b) and (c) substitute—
“(b) the Serious Organised Crime Agency;”.
Prosecution of Offences Act 1985 (c. 23)
47 In section 3(3) of the Prosecution of Offences Act 1985 (func tions of Director
of Public Prosecutions), in the definition of “police force”, o mit “, the
National Crime Squad”.
Ministry of Defence Police Act 1987 (c. 4)
48 The Ministry of Defence Police Act 1987 has effect subject to  the following
amendments.
49 In section 2B(3) (constables serving with other forces), in t he definitions of
“chief officer” and “relevant force”, omit paragraphs (c) and ( d).
50 After section 2B insert—
“2C Constables serving with Serious Organised Crime Agency
(1) A member of the Ministry of Defence Police serving with the S erious
Organised Crime Agency under arrangements to which subsection(2) applies shall—
(a) be under the direction and control of the Serious Organised
Crime Agency, and
(b) continue to be a constable.
(2) This subsection applies to arrangements made between—
(a) the Serious Organised Crime Agency, and
(b) the chief constable of the Ministry of Defence Police.”Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A159
Dartford-Thurrock Crossing Act 1988 (c. 20)
51 In section 19(a) of the Dartford-Thurrock Crossing Act 1988 ( exemption
from tolls) for sub-paragraph (ia) substitute—
“(ia) the Serious Organised Crime Agency;”.
Road Traffic Act 1988 (c. 52)
52 The Road Traffic Act 1988 shall have effect subject to the fo llowing
amendments.
53 (1) In section 124 (exemption from requirements regarding paid  driving
instruction) after subsection (1) insert—
“(1A) Section 123(1) and (2) also does not apply to the giving o f instruction
by a SOCA instructor in pursuance of arrangements made by theDirector General of the Serious Organised Crime Agency.
In this subsection “SOCA instructor” means a member of the staf f of
the Serious Organised Crime Agency whose duties consist of orinclude the giving instruction in the driving of motor cars to other
members of the Agency’s staff.”
(2) In subsection (2) of that section, omit the definitions of “ chief officer of
police”, “police authority” and “police force”.
54 In section 144(2) (exemption from requirement of third-party insurance or
security) omit paragraph (ba).
Security Service Act 1989 (c. 5)
55 The Security Service Act 1989 has effect subject to the follo wing
amendments.
56 In section 1(4) (functions of the Security Service) for “, th e National Criminal
Intelligence Service, the National Crime Squad” substitute “, t he Serious
Organised Crime Agency”.
57 In section 2(2)(c) (duties of the Director General)— 
(a) for “the Director General of the National Criminal Intellige nce
Service” substitute “the Director General of the Serious Organi sed
Crime Agency”, and
(b) for “, the National Criminal Intelligence Service, the Natio nal Crime
Squad” substitute “, the Serious Organised Crime Agency”.
Official Secrets Act 1989 (c. 6)
58 In section 12(1)(e) of the Official Secrets Act 1989 (meaning  of “Crown
servant” in that Act) for “or of the National Criminal Intellig ence Service or
the National Crime Squad” substitute “or of the Serious Organis ed Crime
Agency”.
Aviation and Maritime Security Act 1990 (c. 31)
59 In section 22(4)(b) of the Aviation and Maritime Security Act  1990 (searches
in harbour areas) omit sub-paragraph (iii) and the word “or” be fore it.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A160
Tribunals and Inquiries Act 1992 (c. 53)
60 The Tribunals and Inquiries Act 1992 has effect subject to th e following
amendments.
61 In section 7(2) (removal of members of certain tribunals) aft er “36A” omit
“(a) or (b)”.
6 2 I n  S c h e d u l e  1  ( t r i b u n a l s  u n d e r  s u p e r v i s i o n  o f  C o u n c i l  o n  T r i b unals) in
paragraph 36A omit “(a)” and sub-paragraph (b).
Criminal Appeal Act 1995 (c. 35)
63 (1) Section 22 of the Criminal Appeal Act 1995 (meaning of “pu blic body” etc.)
has effect subject to the following amendments.
(2) In subsection (2)—
(a) in paragraph (a) omit “, the National Crime Squad”,
(b) in paragraph (b)—
(i) at the end of sub-paragraph (i) insert “and”,
(ii) omit sub-paragraph (ii), and
(iii) at the end of sub-paragraph (iii) insert “and”,
(c) in paragraph (c) for “, the City of London police force or t he National
Crime Squad” substitute “or the City of London police force”, a nd
(d) omit paragraphs (d) and (e).
(3) In subsection (4) for paragraph (aa) substitute—
“(aa) in relation to the Serious Organised Crime Agency, the
Director General of that Agency,”.
Disability Discrimination Act 1995 (c. 50)
64 The Disability Discrimination Act 1995 has effect subject to the following
amendments.
65 (1) The section 64A (police) inserted by the Disability Discri mination Act 1995
(Amendment) Regulations 2003 (S.I. 2003/1673) is amended as fol lows.
(2) In subsection (7)—
(a) in the definition of “chief officer of police”, omit paragra ph (b),
(b) in the definition of “police authority”, omit paragraph (b),  and
(c) in the definition of “police fund”, omit paragraph (b).
66 In the section 64A (police) inserted by the Disability Discri mination Act 1995
(Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), in
subsection (6)(a), for “section 23 of the Police Act 1997” subs titute “section 23
or 24 of the Serious Organised Crime and Police Act 2005”. 
67 (1) The section 64B (other police bodies) inserted by the Disa bility
Discrimination Act 1995 (Amendment) Regulations (Northern Irela nd) 2004
is amended as follows.
(2) For subsection (6) substitute—
“(6) Subject to subsection (8), in this section in relation to a ny body of
constables—Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A161
(a) “chief officer of police” means the person who has the
direction and control of the body;
(b) “police authority” means the authority by which the
members of the body are paid; and
(c) “police fund” means money provided by that authority.”
Police Act 1996 (c. 16)
68 The Police Act 1996 has effect subject to the following amend ments.
69 Omit section 23(8) (collaboration agreements).
70 Omit section 24(5) (mutual aid).
71 (1) Section 54 (appointment and functions of inspectors of con stabulary) is
amended as follows.
(2) In subsection (2) omit “the National Criminal Intelligence S ervice and the
National Crime Squad”.
(3) For subsection (2B) substitute—
“(2B) The Secretary of State may at any time require the inspect ors of
constabulary to carry out an inspection under this section of a  police
force maintained for any police area; and a requirement under t his
subsection may include a requirement for the inspection to beconfined to a particular part of the force in question, to part icular
matters or to particular activities of that force.”
72 In section 55 (publication of reports) omit subsection (7).
73 (1) Section 57 (common services) is amended as follows.
(2) In subsection (3A)—
(a) for “National Crime Squad” substitute “Serious Organised Cri me
Agency”, and
(b) for “Squad for the Squad” substitute “Agency for the Agency” .
(3) For subsection (4)(c) substitute—
“(c) if the regulations relate to the Serious Organised Crime
Agency, that Agency.”
74 Omit section 59(8) (police federations).
75 Omit section 60(2A) (regulations for police federations).76 In section 61(1) (police negotiating board) omit paragraphs ( aa) and (ba).
77 (1) Section 62 (functions of negotiating board with respect to  regulations) is
amended as follows.
(2) In subsection (1) omit paragraphs (aa) and (ab).(3) Omit the subsection (1A) inserted by paragraph 82(2) of Sche dule 9 to the
Police Act 1997 (c. 50).
(4) Omit subsections (1B) and (1C).
(5) In subsection (2) for “subsection (1), (1A) or (1B)” substit ute “subsection (1)
or (1A)”.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A162
78 (1) Section 63 (police advisory boards) is amended as follows.
(2) Omit subsections (1A) and (1B).
(3) For subsection (3) substitute—
“(3) Before making—
( a ) r e g u l a t i o n s  u n d e r  s e c t i o n  5 0  o r  5 2 ,  o t h e r  t h a n  r e g u l a t i o n s
with respect to any of the matters mentioned in section 61(1),or
(b) regulations under Part 2 of the Police Reform Act 2002,
the Secretary of State shall supply the Police Advisory Board f or
England and Wales with a draft of the regulations, and take int o
consideration any representations made by that Board.”
79 In section 64 (membership of trade unions) omit subsections ( 4A) and (4B).
80 (1) Section 88 (liability for wrongful acts of constables) is amended as follows.
(2) In subsection (5)(b) omit “or section 23 of the Police Act 1 997”.
(3) After subsection (5) insert—
“(5A) This section shall have effect where, by virtue of section  23 or 24 of
the Serious Organised Crime and Police Act 2005, a member of th e
staff of the Serious Organised Crime Agency who is neither aconstable nor an employee of the police authority is provided t o a
police force as if—
(a) any unlawful conduct of his in the performance or purported
performance of his functions were unlawful conduct of aconstable under the direction and control of the chief officerof police of that force; and
(b) subsection (4) applied to him in the case of the police
authority maintaining that force.”
81 In section 89(4)(a) (assaults on constables) omit “or by a me mber of the
National Criminal Intelligence Service or of the National Crime  Squad”.
82 (1) Section 97 (police officers engaged on service outside the ir force) is amended
as follows.
(2) In subsection (1)— 
(a) omit paragraphs (ca) and (cb),
(b) the paragraph (cd) inserted by paragraph 30(2) of Schedule 1 1 to the
Proceeds of Crime Act 2002 (c. 29) is to be paragraph (ce), and
(c) after that paragraph insert—
“(cf) temporary service as a member of the staff of the
Serious Organised Crime Agency on which a personis engaged with the consent of the appropriateauthority;”.
(3) In subsection (6)(a) for the words from “paragraph” to “subs ection (1)”
substitute “paragraph (a), (aa), (b), (c), (cc), (cd), (ce), (c f), (d), (g) or (h) of
subsection (1)”.
(4) In subsection (8) for the words from “paragraph” to “subsect ion (1)”
substitute “paragraph (aa), (b), (c), (cc), (cd), (ce), (cf) or  (d) of subsection (1)”.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A163
83 (1) Section 98 (cross-border aid) is amended as follows.
(2) In subsections (2) and (3)—
(a) omit “or the Director General of the National Crime Squad”, and
(b) omit “or the National Crime Squad”.
(3) Omit subsection (3A).
(4) In subsection (4)—
(a) omit “or the National Crime Squad”,
(b) for “(2), (3) or (3A)” substitute “(2) or (3)”, and
(c) omit “or the Director General of the National Crime Squad”.
(5) In subsection (5)—
(a) omit “or the National Crime Squad” (in both places), and
(b) omit “or the Director General of the National Crime Squad”.
(6) Omit subsection (6A).
Employment Rights Act 1996 (c. 18)
84 The Employment Rights Act 1996 has effect subject to the foll owing
amendments.
85 In section 43KA(2) (application of Part 4A of that Act to the  police) for
paragraphs (b) and (c) substitute—
“(b) in relation to a member of a police force seconded to the
Serious Organised Crime Agency to serve as a member of itsstaff, that Agency; and”.
86 In section 50(2) (right to time off for public duties) omit p aragraph (ca).
87 In section 134A (application of section 100 of that Act to th e police) after
subsection (2) add—
“(3) Subsection (1) does not apply to the holding of the office of constable
by a member of a police force on secondment to the SeriousOrganised Crime Agency.”
Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6))
88 In Schedule 2 to the Juries (Northern Ireland) Order 1996 omi t the entry
relating to members of the National Criminal Intelligence Servi ce, members
of the Service Authority for the National Criminal Intelligence  Service and
persons employed by the Authority.
Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919  (N.I. 16))
89 The Employment Rights (Northern Ireland) Order 1996 has effec t subject to
the following amendments.
90 In Article 67KA(3) (application of Part VA of that Order to t he police) omit
sub-paragraph (b).
91 In Article 72A(2) (application of Article 68 of that Order to  the police) omit
sub-paragraph (b).Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A164
92 In Article 169A(2) (application of Article 132 of that Order to the police) omit
sub-paragraph (b).
Police (Health and Safety) Act 1997 (c. 42)
93 In section 5(3) of the Police (Health and Safety) Act 1997—
(a) in the definition of “relevant authority” omit paragraphs (c ) and (d),
(b) in the definition of “relevant fund” omit paragraphs (b) and  (c), and
(c) in the definition of “responsible officer” omit paragraph (b ).
Police Act 1997 (c. 50)
94 The Police Act 1997 has effect subject to the following amend ments.
95 Omit sections 1 to 87 (provision about NCIS and NCS and their  Service
Authorities).
96 Omit sections 89 and 90 (general provision about NCS).97 (1) Section 93 (authorisations to interfere with property) is amended as follows.
(2) In subsection (1B) after “officer is a” insert “member of th e staff of the Serious
Organised Crime Agency,”.
(3) In subsection (3) for paragraphs (b) and (c) substitute—
“ ( b ) i f  t h e  a u t h o r i s i n g  o f f i c e r  i s  w i t h i n  s u b s e c t i o n  ( 5 ) ( f ) ,  b y  a
member of the staff of the Serious Organised CrimeAgency,”.
(4) In subsection (5) for paragraphs (f) and (g) substitute—
“(f) the Director General of the Serious Organised Crime Agency,
or any member of the staff of that Agency who is designatedfor the purposes of this paragraph by that Director General;”.
(5) In subsection (6) omit paragraphs (d) and (e).
98 (1) Section 94 (authorisations in absence of authorising offic er) is amended as
follows.
(2) In subsection (1)—
(a) in paragraph (a) for “or (e)” substitute “, (e) or (f)”,
(b) at the end of paragraph (a) insert “or”,
(c) in paragraph (b) for “, (d) or (f)” substitute “or (d)”, and
(d) omit paragraph (c) and the word “or” before it.
(3) In subsection (2) for paragraphs (e) and (ea) substitute—
“(e) where the authorising officer is within paragraph (f) of th at
subsection, by a person designated for the purposes of thissection by the Director General of the Serious OrganisedCrime Agency;”.
(4) Omit subsections (3) and (4)(c).
99 (1) Section 95 (form and duration of authorisations) is amende d as follows.
(2) In subsection (6) for “or (g)” substitute “or (f)”.(3) In subsection (7) for “, (d), (f) or (g)” substitute “or (d) ”.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A165
100 (1) Section 97 (authorisations requiring approval) is amended  as follows.
(2) In subsection (6A)—
(a) for “, (e) or (g)” substitute “or (e)”, and
(b) for “, Chief Constable or, as the case may be, Director Gene ral”
substitute “or, as the case may be, Chief Constable”.
(3) After subsection (6A) insert—
“(6B) The reference in subsection (6) to the authorising officer  who gave
the authorisation or in whose absence it was given shall beconstrued—
(a) in the case of an authorisation given by a person within
paragraph (f) of section 93(5), as a reference to that person,and
(b) in the case of an authorisation given in the absence of such  a
person, as a reference to a member of the staff of the SeriousOrganised Crime Agency who is designated for the purposesof this section by the Director General of that Agency.”
101 In section 105(3) (supplementary provision about appeals) fo r “, (d), (f) or
(g)” substitute “or (d)”.
102 In section 107(4)(b) (exclusions from Chief Commissioner’s r eport) for
“Service Authority for the National Criminal Intelligence Servi ce or the
Service Authority for the National Crime Squad” substitute “Ser ious
Organised Crime Agency”.
103 (1) Section 109 (Police Information Technology Organisation) is amended as
follows.
(2) In subsection (3) after “police forces,” insert—
“(aa) the Serious Organised Crime Agency,”.
(3) In subsection (4) for “(a) or (b)” substitute “(a), (aa) or (b)”.
104 (1) Section 111 (interpretation of Part 5) is amended as foll ows.
(2) In subsection (1)—
(a) at the end of paragraph (a) insert “and”, and
(b) omit paragraphs (c) and (d).
(3) In subsection (2)—
(a) at the end of paragraph (b) insert “and”, and
(b) omit paragraphs (d) and (e).
(4) In subsection (3)—
(a) at the end of paragraph (a) insert “and”, and
(b) omit paragraphs (c) and (d).
105 In section 137(2) (extent) omit paragraphs (b) and (c).
106 Omit Schedules 1 to 2A (Service Authorities for NCIS and NCS ).
Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N. I. 6))
107 The Race Relations (Northern Ireland) Order 1997 has effect subject to the
following amendments.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A166
108 In Article 72A(8) (police officers) for “section 23 of the P olice Act 1997”
substitute “section 23 or 24 of the Serious Organised Crime and  Police Act
2005”.
109 In Article 72B (other police bodies), for paragraph (6) subs titute—
“(6) In this Article, in relation to any body of constables—
(a) “chief officer of police” means the person who has the
direction and control of the body;
(b) “police authority” means the authority by which the
members of the body are paid; and
(c) “police fund” means money provided by that authority.”
Police (Health and Safety) (Northern Ireland) Order 1997 (S.I. 1997/1774 (N.I. 16))
110 In Article 7(3) of the Police (Health and Safety) (Northern Ireland) Order
1997—
(a) in the definition of “the relevant authority”, omit sub-para graph (b),
(b) in the definition of “the relevant fund”, omit sub-paragraph  (a), and
(c) in the definition of “the responsible officer”, omit sub-par agraph (b).
Audit Commission Act 1998 (c. 18)
111 In section 32(1) of the Audit Commission Act 1998 (documents  to be sent by
the Audit Commission to the Secretary of State), for the words from “relates
to—” onwards substitute “relates to a police authority establis hed under
section 3 of the Police Act 1996.”
Data Protection Act 1998 (c. 29)
112 In section 56(6) of the Data Protection Act 1998 (prohibitio n of requirement
to produce certain records), in the first entry in the first co lumn of the Table,
for paragraphs (d) and (e) substitute—
“(d) the Director General of the Serious Organised Crime
Agency.”
Police (Northern Ireland) Act 1998 (c. 32)
113 The Police (Northern Ireland) Act 1998 has effect subject to  the following
amendments.
114 (1) Section 27 (members of Police Service of Northern Ireland  engaged on other
police service) is amended as follows.
(2) In subsection (1)—
(a) omit paragraph (b), and
(b) after paragraph (ca) insert—
“(cb) seconded service as a member of the staff of the
Serious Organised Crime Agency on which a memberof the Police Service of Northern Ireland is engagedwith the consent of the Chief Constable;”.
(3) In subsection (5)(b) for the words from “subsection (1)(aa)”  to “or (j)”
substitute “subsection (1)(aa), (c), (ca), (cb), (d), (e), (f),  (h) or (j).Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A167
(4) In subsection (7) for “(1)(b), (c) or (ca)” substitute “(1)( c), (ca) or (cb)”.
115 In section 29(5) (liability for wrongful acts of constables)  for “section 23 of the
Police Act 1997” substitute “section 23 or 24 of the Serious Or ganised Crime
and Police Act 2005”.
116 In section 41 (inspectors of constabulary) for subsections ( 3 )  a n d  ( 3 A )
substitute—
“(3A) The Secretary of State may at any time require the inspect ors to carry
out an inspection under this section of the Police Service of N orthern
Ireland; and a requirement under this subsection may include arequirement for the inspection to be confined to a particular p art of
the Service, to particular matters or to particular activities of the
Service.”
117 (1) Section 42 (publication of reports of inspectors of const abulary) is amended
as follows.
(2) In subsection (1) omit “, (3)”.(3) Omit subsection (7).
Crime and Disorder Act 1998 (c. 37)
118 Omit section 113 of the Crime and Disorder Act 1998 (deputy authorising
officer under Part 3 of Police Act 1997).
Fair Employment and Treatment (Northern Ireland) Order 1998 (S. I. 1998/3162 (N.I. 21))
119 The Fair Employment and Treatment (Northern Ireland) Order 1 998 has
effect subject to the following amendments.
120 In Article 94(6) (police officers) for “section 23 of the Po lice Act 1997”
substitute “section 23 or 24 of the Serious Organised Crime and  Police Act
2005.
121 In Article 94A (other police bodies), for paragraph (6) subs titute—
“(6) In this Article, in relation to any body of constables—
(a) “chief officer of police” means the person who has the
direction and control of the body;
(b) “police authority” means the authority by which the
members of the body are paid; and
(c) “police fund” means money provided by that authority.”
Immigration and Asylum Act 1999 (c. 33)
122 The Immigration and Asylum Act 1999 has effect subject to th e following
amendments.
123 In section 20(1) (supply of information to Secretary of Stat e) for paragraphs
(b) and (c) substitute—
“(b) the Serious Organised Crime Agency;”.
124 (1) Section 21 (supply of information by Secretary of State) is amended as
follows.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A168
(2) In subsection (1) for paragraphs (b) and (c) substitute—
“(b) the Serious Organised Crime Agency, for use for SOCA
purposes;”.
(3) For subsections (4) and (5) substitute—
“(4) “SOCA purposes” means any of the functions of the Serious
Organised Crime Agency mentioned in section 2, 3 or 5 of the Se rious
Organised Crime and Police Act 2005.”
Terrorism Act 2000 (c. 11)
125 The Terrorism Act 2000 has effect subject to the following a mendments.
126 In section 19(7B) (duty to disclose information)—
(a) for “person” substitute “member of the staff of the Serious Organised
Crime Agency”, and
(b) for “the National Criminal Intelligence Service” substitute “that
Agency”.
127 In section 20(5) (permission to disclose information)—
(a) for “person” substitute “member of the staff of the Serious Organised
Crime Agency”, and
(b) for “the National Criminal Intelligence Service” substitute “that
Agency”.
128 In section 21A(14) (failure to disclose: regulated sector)—
(a) for “person” substitute “member of the staff of the Serious Organised
Crime Agency”, and
(b) for “the National Criminal Intelligence Service” substitute “that
Agency”.
129 In section 21B(7) (protected disclosures)—
(a) for “person” substitute “member of the staff of the Serious Organised
Crime Agency”, and
(b) for “the National Criminal Intelligence Service” substitute “that
Agency”.
130 In Schedule 14 (exercise of officers’ powers), in paragraph 4(1), for
paragraph (d) substitute—
“(d) to the Serious Organised Crime Agency;”.
Regulation of Investigatory Powers Act 2000 (c. 23)
131 The Regulation of Investigatory Powers Act 2000 has effect s ubject to the
following amendments.
132 (1) Section 6 (application for issue of an interception warra nt) is amended as
follows.
(2) In subsection (2)(d) for “National Criminal Intelligence Ser vice” substitute
“Serious Organised Crime Agency”.
(3) In subsection (3) after “specified in” insert “paragraph (a) , (b), (c), (e), (f), (g),
(h), (i) or (j)”.
133 (1) In section 17(3) (exclusion of matters from legal proceed ings) for paragraphsSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A169
(c) and (d) substitute—
“(c) any member of the staff of the Serious Organised Crime
Agency;”.
(2) Sub-paragraph (1) does not affect the operation of section 1 7 in relation to
conduct by any member of the National Criminal Intelligence Ser vice or the
National Crime Squad which took place before the commencement o f this
paragraph.
134 (1) In section 19(2) (unauthorised disclosures) for paragraph s (c) and (d)
substitute—
“(c) every member of the staff of the Serious Organised Crime
Agency;”.
(2) Sub-paragraph (1) does not affect the operation of section 1 9 in relation to
any person’s service as a member of the National Criminal Intel ligence
Service or the National Crime Squad before the commencement of this
paragraph.
135 (1) Section 25 (interpretation) is amended as follows.
(2) In subsection (1), in the definition of “relevant public aut hority”, for
paragraphs (b) and (c) substitute—
“(b) the Serious Organised Crime Agency;”.
(3) After subsection (3) insert—
“(3A) References in this Chapter to an individual holding an off ice or
position with the Serious Organised Crime Agency includereferences to any member of the staff of that Agency.”
(4) For subsections (4) and (5) substitute—
“(4) The Secretary of State may by order—
(a) remove any person from the list of persons who are for the
time being relevant public authorities for the purposes of thisChapter; and
(b) make such consequential amendments, repeals or
revocations in this or any other enactment as appear to himto be necessary or expedient.
(5) The Secretary of State shall not make an order under this se ction—
(a) that adds any person to the list of persons who are for the
time being relevant public authorities for the purposes of thisChapter, or
(b) that by virtue of subsection (4)(b) amends or repeals any
provision of an Act,
unless a draft of the order has been laid before Parliament and
approved by a resolution of each House.”
136 In section 32(6) (authorisation of intrusive surveillance) f or paragraphs (k)
and (l) substitute—
“(k) the Director General of the Serious Organised Crime Agency
and any member of the staff of that Agency who isdesignated for the purposes of this paragraph by thatDirector General;”.
137 (1) Section 33 (rules for grant of authorisation) is amended as follows.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A170
(2) In subsection (1)— 
(a) omit “, the National Criminal Intelligence Service or the Na tional
Crime Squad”, and
(b) omit “, Service or Squad”.
(3) After subsection (1) insert—
“(1A) A person who is a designated person for the purposes of se ction 28
or 29 by reference to his office or position with the Serious O rganised
Crime Agency shall not grant an authorisation under that sectio n
except on an application made by a member of the staff of theAgency.”
(4) In subsection (3)—
(a) omit “, the National Criminal Intelligence Service or the Na tional
Crime Squad”, and
(b) omit (in both places) “, Service or Squad”.
(5) After subsection (3) insert—
“(3A) The Director General of the Serious Organised Crime Agency  or a
person designated for the purposes of section 32(6)(k) by thatDirector General shall not grant an authorisation for the carry ing out
of intrusive surveillance except on an application made by a me mber
of the staff of the Agency.”
(6) In subsection (5)(a) for “the National Criminal Intelligence  Service or the
National Crime Squad,” substitute “a member of the staff of the  Serious
Organised Crime Agency,”.
(7) In subsection (6)—
(a) in paragraph (e) omit “and also of the National Criminal Int elligence
Service”, and
(b) omit paragraph (f).
138 (1) Section 34 (grant of authorisations in absence of senior officer) is amended
as follows.
(2) In subsection (1)(a) for “of the National Criminal Intellige nce Service or of
the National Crime Squad” substitute “a member of the staff of the Serious
Organised Crime Agency”.
(3) In subsection (2)(a) for “, Service or Squad” substitute “or  Agency”.
(4) In subsection (4) for paragraphs (j) and (k) substitute—
“(j) a person is entitled to act for the Director General of the
Serious Organised Crime Agency if he is a person designatedfor the purposes of this paragraph by that Director General asa person entitled so to act in an urgent case;”.
(5) Omit subsection (5).
(6) Omit subsection (6)(c).
139 (1) Section 35 (notification of certain authorisations) is am ended as follows.
(2) In subsection (1) for “police, customs” substitute “police, SOCA, customs”.
(3) In subsection (10)—Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A171
(a) for “police, customs” substitute “police, SOCA, customs”, an d
(b) in paragraph (a) for “, the National Criminal Intelligence S ervice or
the National Crime Squad” substitute “or the Serious OrganisedCrime Agency”.
140 (1) Section 36 (approval required for authorisations to take effect) is amended
as follows.
(2) In subsection (1) for paragraphs (b) and (c) substitute—
“(b) a member of the staff of the Serious Organised Crime
Agency;”.
(3) In subsection (6)—
(a) in paragraph (b) for “National Criminal Intelligence Service  or the
Director General of the National Crime Squad,” substitute “Seri ous
Organised Crime Agency,”, and
(b) for paragraphs (d) and (e) substitute—
“(d) where the authorisation was granted by a person
designated for the purposes of section 32(6)(k), or bya person entitled to act for the Director General of theSerious Organised Crime Agency by virtue of section34(4)(j), that Director General;”.
141 In section 37(1) (quashing of police and customs authorisati ons) for
paragraphs (b) and (c) substitute—
“(b) a member of the staff of the Serious Organised Crime
Agency;”.
142 In section 40 (duty to provide information to Surveillance C ommissioners)
for paragraphs (b) and (c) substitute—
“(b) every member of the staff of the Serious Organised Crime
Agency,”.
143 In section 45(6) (cancellation of authorisations)—
(a) at the end of paragraph (b) insert “and”, and
(b) omit paragraphs (d) and (e).
144 In section 46(3) (restriction on authorisations extending to  Scotland) after
paragraph (da) insert—
“(db) the Serious Organised Crime Agency;”.
145 In section 49(1)(e) (notices requiring disclosure) after “th e police” (in both
places) insert “, SOCA”.
146 (1) Section 51 (cases in which key required) is amended as fo llows.
(2) In subsection (2)—
(a) for “the police, the customs” substitute “the police, SOCA, the
customs”, and
(b) after paragraph (a) insert—
“(aa) in the case of a direction by SOCA, except by or with
the permission of the Director General of the SeriousOrganised Crime Agency;”.
(3) In subsection (3) after “of police,” insert “the Director Ge neral of the Serious
Organised Crime Agency,”.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A172
(4) In subsection (6) after “of police,” insert “by the Director  General of the
Serious Organised Crime Agency,”.
147 In section 54(3) (tipping-off) after “police” (in both place s) insert “SOCA,”.
148 (1) Section 55 (duties of specified authorities) is amended a s follows.
(2) In subsection (1) after paragraph (b) insert—
“(ba) the Director General of the Serious Organised Crime
Agency;”.
(3) After subsection (3) insert—
“(3A) Paragraph 11 of Schedule 1 to the Serious Organised Crime and
Police Act 2005 does not apply in relation to the duties of the  Director
General of the Serious Organised Crime Agency under this sectio n.”
149 In section 56(1) (interpretation)—
(a) in the definition of “chief officer of police” omit paragrap hs (j) and
(k),
(b) in paragraph (a) of the definition of “the police” after “co nstable”
insert “(except a constable who is a member of the staff of the  Serious
Organised Crime Agency)”, and
(c) after the definition of “section 49 notice” insert—
““SOCA” means the Serious Organised Crime Agency
or any member of the staff of the Serious OrganisedCrime Agency;”.
150 In section 58(1) (co-operation with Commissioner) for paragr aphs (b) and (c)
substitute—
“(b) every member of the staff of the Serious Organised Crime
Agency,”.
151 In section 65(6) (the Tribunal) for paragraphs (d) and (e) s ubstitute—
“(d) the Serious Organised Crime Agency; or”.
152 In section 68(7) (disclosure to Tribunal) for paragraphs (b)  a n d  ( c )
substitute—
“(b) every member of the staff of the Serious Organised Crime
Agency;”.
153 In section 75(6) (authorisations under Part 3 of Police Act 1997) omit
paragraph (b).
154 (1) Section 76A (foreign surveillance operations) is amended as follows.
(2) In subsection (6)(a) for “National Criminal Intelligence Ser vice” substitute
“Serious Organised Crime Agency”.
(3) In subsection (11), in the definition of “United Kingdom off icer”—
(a) in paragraph (b) for “National Criminal Intelligence Service ”
substitute “staff of the Serious Organised Crime Agency”, and
(b) in paragraph (c) omit “the National Crime Squad or”.
155 (1) In Schedule 1 (relevant authorities) for paragraphs 2 and  3 substitute—
“2 The Serious Organised Crime Agency.”
156 (1) Schedule 2 (persons having appropriate permission) is ame nded as follows.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A173
(2) In paragraph 2—
(a) in sub-paragraph (3) after “the police” insert “, SOCA”, and
(b) in sub-paragraph (5) after “Only the police” insert “, SOCA” .
(3) In paragraph 4(2) after “the police,” (in each place) insert  “SOCA,”.
(4) In paragraph 5(3)(b) after “police” insert “, SOCA”.
(5) In paragraph 6—
(a) after sub-paragraph (3) insert—
 “(3A) A member of the staff of the Serious Organised Crime
Agency does not by virtue of paragraph 1, 4 or 5 have theappropriate permission in relation to any protectedinformation unless permission to give a section 49 notice inrelation to that information has been granted—
(a) by the Director General; or
(b) by a member of the staff of the Agency of or above
such level as the Director General may designatefor the purposes of this sub-paragraph.”; and
(b) after sub-paragraph (5) add—
 “(6) In sub-paragraph (2) “constable” does not include a
constable who is a member of the staff of the SeriousOrganised Crime Agency.”
Football (Disorder) Act 2000 (c. 25)
157 Omit section 2 of the Football (Disorder) Act 2000 (disclosu re of information
by NCIS).
Freedom of Information Act 2000 (c. 36)
158 The Freedom of Information Act 2000 has effect subject to th e following
amendments.
159 In section 23(3) (bodies supplying information which is exem pt) omit “and”
at the end of paragraph (k) and after paragraph (l) add—
“(m) the Serious Organised Crime Agency.”
160 In Schedule 1 (list of public authorities), in Part 6, omit the entries relating to
the National Crime Squad and the Service Authority for the Nati onal Crime
Squad.
Criminal Justice and Court Services Act 2000 (c. 43)
161 In section 71(1) and (2)(a) of the Criminal Justice and Cour t Services Act 2000
(access to driver licensing records) after “constables” insert “and members of
the staff of the Serious Organised Crime Agency”.
Criminal Justice and Police Act 2001 (c. 16)
162 The Criminal Justice and Police Act 2001 has effect subject to the following
amendments.
163 In section 88(8) (functions of Central Police Training and D evelopmentSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A174
Authority) for paragraphs (a) and (b) substitute—
“(a) the Serious Organised Crime Agency;”.
164 (1) Section 104 (vice-chairmen) is amended as follows.
(2) Omit subsection (3).
(3) In subsection (4)—
(a) at the end of paragraph (a) insert “and”, and
(b) omit paragraph (c) and the word “and” before it.
(4) Omit subsection (8).
165 (1) Section 107 (payment of allowances to authority members) is amended as
follows.
(2) Omit subsection (1)(c).
(3) Omit subsection (4).
166 Omit sections 108 to 121 (provision about NCIS and NCS and t heir Service
Authorities).
167 Omit section 138(6)(d) (extent).
Proceeds of Crime Act 2002 (c.29)
168 The Proceeds of Crime Act 2002 has effect subject to the fol lowing
amendments.
169 In section 313(1) (restriction on performance by police of f unctions of the
Director of the Assets Recovery Agency) omit paragraphs (c) and  (d). 
170 In section 330(5)(a) (required disclosure of information reg arding money
laundering) for “the Director General of the National Criminal Intelligence
Service” substitute “the Director General of the Serious Organi sed Crime
Agency”.
171 In section 331(5)(a) (required disclosure of information reg arding money
laundering) for “the Director General of the National Criminal Intelligence
Service” substitute “the Director General of the Serious Organi sed Crime
Agency”.
172 In section 332(5)(a) (required disclosure of information reg arding money
laundering) for “the Director General of the National Criminal Intelligence
Service” substitute “the Director General of the Serious Organi sed Crime
Agency”.
173 In section 336 (giving of consent by a nominated officer) in  subsections (2)(a),
(3)(a) and (4)(a), for “the Director General of the National Cr iminal
Intelligence Service” substitute “the Director General of the S erious
Organised Crime Agency”.
174 In section 340(13) (interpretation of references to constabl e) for “the Director
General of the National Criminal Intelligence Service” substitu te “the
Director General of the Serious Organised Crime Agency”.
175 In section 378(5) (interpretation of references to officers)  for “the Director
General of the National Criminal Intelligence Service” substitu te “the
Director General of the Serious Organised Crime Agency”.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A175
176 In section 436(5) (persons permitted to disclose information  to the Director
of the Assets Recovery Agency) for paragraphs (b) and (c) subst itute—
“(b) the Director General of the Serious Organised Crime
Agency;”.
177 In section 439(5) (persons permitted to disclose information  to the Lord
Advocate and Scottish Ministers) for paragraphs (b) and (c) sub stitute—
“(b) the Director General of the Serious Organised Crime
Agency;”.
178 In section 445(2)(b) (external investigations) for “the Dire ctor General of the
National Criminal Intelligence Service” substitute “the Directo r General of
the Serious Organised Crime Agency”.
Police Reform Act 2002 (c. 30)
179 The Police Reform Act 2002 has effect subject to the followi ng amendments.
180 Omit section 8 (powers of Secretary of State in relation to NCIS and NCS).
181 (1) Section 38 (exercise of police powers by civilian employe es) is amended as
follows.
(2) Omit subsection (3).
(3) In subsection (4) omit “or a Director General”.(4) In subsection (7) omit “or of a Service Authority”.
182 In section 42 (supplementary provisions relating to exercise  of police
powers) omit subsections (4) and (8).
183 (1) Section 45 (code of practice relating to exercise of poli ce powers) is amended
as follows.
(2) In subsection (1) omit “and by Directors General”.
(3) In subsection (3) omit paragraphs (a), (b), (d) and (e).
(4) In subsection (5) omit “or a Director General”.
184 In section 47(1) (interpretation) omit the definitions of “D irector General”
and “Service Authority”.
185 (1) Section 82 (police nationality requirements) is amended a s follows.
(2) In subsection (1) omit paragraph (c).(3) In subsection (2)—
(a) at the end of paragraph (a) insert “or”, and
(b) omit paragraph (c) and the word “or” before it.
(4) In subsection (3)—
(a) at the end of paragraph (c) insert “and”, and
(b) omit paragraph (d).
(5) In subsection (4) for “, Service or Squad” substitute “or Se rvice”.
186 Omit sections 85 to 91 (NCIS and NCS: general provisions).
187 Omit section 93 (quorum for NCIS and NCS service authorities ).Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A176
188 (1) Section 102 (liability for wrongful acts of constables) i s amended as follows.
(2) In subsection (2) omit paragraphs (c) and (d).
(3) In subsection (5) omit paragraphs (b) and (c).
189 (1) Section 103 (liability in respect of members of teams) is  amended as follows.
(2) Omit subsections (2) and (3).
(3) In subsection (6) omit “, the NCIS service fund or the NCS s ervice fund,”.
190 In Schedule 4 (powers exercisable by police civilians), in p aragraph 36(1),
omit paragraph (b) and the word “and” before it.
Crime (International Co-operation) Act 2003 (c. 32)
191 Omit section 85 (liability of NCIS in respect of foreign off icers) of the Crime
(International Co-operation) Act 2003.
Courts Act 2003 (c. 39)
192 In section 41(6)(c) of the Courts Act 2003 (disqualification  of lay justices who
are members of local authorities) for “, the Service Authority for the National
Criminal Intelligence Service or the Service Authority for the National
Crime Squad” substitute “or the Serious Organised Crime Agency” .
Sexual Offences Act 2003 (c. 42)
193 The Sexual Offences Act 2003 has effect subject to the follo wing
amendments.
194 In section 94(3) (supply of information for verification) fo r paragraphs (c)
and (d) substitute—
“(c) the Serious Organised Crime Agency.”
195 In section 95(2) (supply of information by Secretary of Stat e) for paragraphs
(b) and (c) substitute—
“(b) the Serious Organised Crime Agency.”
Criminal Justice Act 2003 (c. 44)
196 In section 29(5) of the Criminal Justice Act 2003 (persons w ho may institute
criminal proceedings by written charge) after paragraph (ca) in sert—
“(cb) the Director General of the Serious Organised Crime Agency
or a person authorised by him to institute criminalproceedings;”.
Energy Act 2004 (c. 20)
197 The Energy Act 2004 has effect subject to the following amen dments.
198 In section 59(3) (members of civil nuclear constabulary serv ing with other
forces)—
(a) in the definition of “chief officer” omit paragraphs (c) and  (d), and
(b) in the definition of “relevant force” omit paragraphs (c) an d (d).Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 4 — Minor and consequential amendments relating to SOC A177
199 After section 59 insert—
“59A Constables serving with Serious Organised Crime Agency
(1) A member of the Constabulary serving with the Serious Organis ed
Crime Agency under arrangements to which subsection (2) appliesshall—
(a) be under the direction and control of the Serious Organised
Crime Agency, and
(b) continue to be a constable.
(2) This subsection applies to arrangements made between the Ser ious
Organised Crime Agency and the chief constable.”
Domestic Violence, Crime and Victims Act 2004 (c. 28)
200 In Schedule 9 to the Domestic Violence, Crime and Victims Ac t 2004
(authorities within remit of Commissioner for Victims and Witne sses) for
paragraphs 13 and 14 substitute—
“13 The Serious Organised Crime Agency.”
SCHEDULE 5
Section 82
PERSONS  SPECIFIED  FOR THE PURPOSES  OF SECTION  82
1 A person who is or might be, or who has been, a witness in leg al proceedings
(whether or not in the United Kingdom).
2 A person who has complied with a disclosure notice given to hi m by virtue
of section 62(1).
3 (1) A person who has been given an immunity notice under sectio n 71(1) if the
notice continues to have effect in relation to him.
(2) A person who has been given a restricted use undertaking und er section
72(1) if the undertaking continues to have effect in relation t o him.
4 A person who is or has been a member of a jury.5 A person who holds or has held judicial office (whether or not  in the United
Kingdom).
6 A person who is or has been a justice of the peace or who hold s or has held
a position comparable to that of a justice of the peace in a pl ace outside the
United Kingdom.
7 A person who is or has been a member of an international tribu nal which has
jurisdiction in criminal matters. 
8 A person who conducts or has conducted criminal prosecutions ( whether or
not in the United Kingdom).
9 (1) A person who is or has been the Director of Public Prosecut ions for England
and Wales.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 5 — Persons specified for the purposes of section 82178
(2) A person who is or has been a member of staff of the Crown P rosecution
Service for England and Wales.
10 (1) A person who is or has been the Director or deputy Directo r of Public
Prosecutions for Northern Ireland.
(2) 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. 197 2/538 (N.I.1))
to assist the Director of Public Prosecutions for Northern Irel and.
11 A person who is or has been under the direction and control o f the Lord
Advocate in the Lord Advocate’s capacity as head of the systems  of criminal
prosecution and investigation of deaths in Scotland.
12 (1) A person who is or has been the Director of Revenue and Cu stoms
Prosecutions.
(2) A person who is or has been a member of staff of the Revenue  and Customs
Prosecutions Office.
13 A person who is or has been a constable.
14 A person who is or has been designated under—
(a) section 38(1) of the Police Reform Act 2002 (c. 30) (police p owers for
police authority employees);
(b) section 30(1) of the Police (Northern Ireland) Act 2003 (c. 6 ) (police
powers for designated police support staff).
15 A person who is a police custody and security officer (within  the meaning of
section 9(1A) of the Police (Scotland) Act 1967 (c. 77)) of a po lice authority in
Scotland.
16 A person who—
(a) is or has been an officer of Revenue and Customs;
(b) is or has been a member of staff of Her Majesty’s Customs an d
Excise.
17 A person who is or has been a person appointed as an immigrat ion officer
under paragraph 1 of Schedule 2 to the Immigration Act 1971 (c. 77).
18 A person who is or has been a member of staff of SOCA.
19 (1) A person who is or has been the Director General of the Na tional Criminal
Intelligence Service or the Director General of the National Cr ime Squad.
(2) A person who is or has been under the direction and control of the Director
General of the National Criminal Intelligence Service or the Di rector General
of the National Crime Squad.
20 (1) A person who is or has been the Director of the Scottish D rug Enforcement
Agency.
(2) A person who is or has been under the direction and control of the Director
of the Scottish Drug Enforcement Agency.
21 (1) A person who is or has been the Director of the Assets Rec overy Agency.
(2) A person who is or has been a member of staff of the Assets Recovery
Agency or a person with whom the Director of that Agency has ma deSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 5 — Persons specified for the purposes of section 82179
arrangements for the provision of services under section 1(4) o f the Proceeds
of Crime Act 2002 (c. 29).
22 (1) 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).
(2) A person who is or has been a member of staff of the Civil R ecovery Unit.
23 (1) A person who is or has been a person appointed by virtue o f section 246(1)
of the Proceeds of Crime Act 2002 (c. 29) as an interim receiver .
(2) 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 t hat Act.
24 (1) A person who is or has been a person appointed by virtue o f section 256(1)
of the Proceeds of Crime Act 2002 as an interim administrator.
(2) A person who assists or has assisted an interim administrato r so appointed
in the exercise of such functions as are mentioned in section 2 57 of that Act.
25 (1) A person who is or has been the head of the Financial Crim e Unit, that is to
say of the organisation known by that name which, among other a ctivities,
acts on behalf of the Lord Advocate in proceedings under Part 3  of the
Proceeds of Crime Act 2002 (confiscation: Scotland).
(2) A person who is or has been a member of staff of the Financi al Crime Unit.
26 A person who is or has been a prison officer.
27 A person who is or has been a covert human intelligence sourc e (within the
meaning of section 26(8) of the Regulation of Investigatory Pow ers Act 2000
(c. 23) or of section 1(7) of the Regulation of Investigatory Po wers (Scotland)
Act 2000 (asp 11)).
28 A person— 
(a) who is a member of the family of a person specified in any o f the
preceding paragraphs;
(b) who lives or has lived in the same household as a person so specified;
(c) who has or has had a close personal relationship with a pers on so
specified.
SCHEDULE 6 Section 109
MINOR  AND  CONSEQUENTIAL  AMENDMENTS  RELATING  TO CHAPTER  6 OF PART 2
Prescription and Limitation (Scotland) Act 1973 (c. 52)
1 In section 19B(3) of the Prescription and Limitation (Scotland ) Act 1973
(actions for recovery of property obtained through unlawful con duct etc.)—
(a) after paragraph (a) insert—
“(aa) an application is made for a prohibitory property
order, or”, and 
(b) for “earlier” substitute “earliest”.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 6 — Minor and consequential amendments relating to Chapter 6 of Part 2180
Limitation Act 1980 (c. 58)
2 In section 27A(3) of the Limitation Act 1980 (time limits for bringing
proceedings for recovery order: when proceedings are brought)—
(a) after paragraph (a) insert—
“(aa) an application is made for a property freezing order,
or”, and
(b) for “earlier” substitute “earliest”.
Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))
3 In Article 72A(3) of the Limitation (Northern Ireland) Order 1 989 (time
limits for bringing proceedings for recovery order: when procee dings are
brought)—
(a) after paragraph (a) insert—
“(aa) an application is made for a property freezing order,
or”, and
(b) for “earlier” substitute “earliest”.
Proceeds of Crime Act 2002 (c. 29)
4 The Proceeds of Crime Act 2002 (c. 29) is amended as follows.
5 In section 82(f) (confiscation: England and Wales: property is  free property
if order under section 246 etc. applies to it)—
(a) after “section” insert “245A,” and
(b) after “246,” insert “255A, 256,”.
6 In section 148(f) (confiscation: Scotland: property is free pr operty if order
under section 246 etc. applies to it)—
(a) after “section” insert “245A,” and
(b) after “246,” insert “255A, 256,”.
7 In section 230(f) (confiscation: Northern Ireland: property is  free property if
order under section 246 etc. applies to it)—
(a) after “section” insert “245A,” and
(b) after “246,” insert “255A, 256,”.
8 In section 241(2)(a) (conduct occurring outside the United Kin gdom that is
unlawful conduct for the purposes of Part 5)—
(a) after “in a country” insert “or territory”, and
(b) for “of that country” substitute “applying in that country o r
territory”.
9 In section 243 (proceedings for recovery orders in England and  Wales or
Northern Ireland), after subsection (4) insert—
“(5) Nothing in sections 245A to 255 limits any power of the cou rt apart
from those sections to grant interim relief in connection withproceedings (including prospective proceedings) under thisChapter.”Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 6 — Minor and consequential amendments relating to Cha pter 6 of Part 2181
10 Before section 248 (and its heading) insert the following hea ding—
“Property freezing orders and interim receiving orders: registr ation”
 
11 (1) Section 248 (registration: England and Wales) is amended a s follows.
(2) In subsection (1)(a), for “interim receiving orders” substit ute “property
freezing orders, and in relation to interim receiving orders,”.
(3) In subsection (1)(b), for “interim receiving orders” substit ute “property
freezing orders, and in relation to applications for interim re ceiving orders,”.
(4) In subsection (3), before “an interim receiving order” inser t “a property
freezing order or”.
12 (1) Section 249 (registration: Northern Ireland) is amended as  follows.
(2) In subsection (1), after “applying for” insert “a property f reezing order or”.
(3) In subsection (1)(b), for “an interim receiving order” subst itute “a property
freezing order, or an interim receiving order,”.
(4) After subsection (1) insert—
“(1A) Upon being served with a copy of a property freezing order , the
Registrar must, in respect of any registered land to which a pr operty
freezing order or an application for a property freezing order relates,
make an entry inhibiting any dealing with the land without theconsent of the High Court.”
(5) In subsection (3), after “entry made under subsection” inser t “(1A) or”.
(6) In subsection (4)—
(a) after “Where” insert “a property freezing order or”, and
(b) after “setting aside the” insert “property freezing order or ”.
13 Before section 250 (and its heading) insert the following hea ding—
“Interim receiving orders: further provisions”
 
14 (1) Section 252 (interim receiving orders: prohibition on deal ings) is amended
as follows.
(2) For subsection (4) (restriction on exclusions for legal expe nses) substitute—
“(4) Where the court exercises the power to make an exclusion fo r the
purpose of enabling a person to meet legal expenses that he hasincurred, or may incur, in respect of proceedings under this Pa rt, it
must ensure that the exclusion—
(a) is limited to reasonable legal expenses that the person has
reasonably incurred or that he reasonably incurs,
(b) specifies the total amount that may be released for legal
expenses in pursuance of the exclusion, and
(c) is made subject to the required conditions (see section 286A )
in addition to any conditions imposed under subsection (3).Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 6 — Minor and consequential amendments relating to Chapter 6 of Part 2182
(4A) The court, in deciding whether to make an exclusion for the  purpose
of enabling a person to meet legal expenses of his in respect o f
proceedings under this Part—
(a) must have regard (in particular) to the desirability of the
person being represented in any proceedings under this Partin which he is a participant, and
(b) must, where the person is the respondent, disregard the
possibility that legal representation of the person in any suchproceedings might, were an exclusion not made, be fundedby the Legal Services Commission or the Northern IrelandLegal Services Commission.”
(3) In subsection (6) (power to make exclusions not to be exerci sed so as to
prejudice enforcement authority’s rights to recover property), after “must”
insert “, subject to subsection (4A),”.
15 In section 266 (recovery orders), after subsection (8) insert —
“(8A) A recovery order made by a court in England and Wales or N orthern
Ireland may provide for payment under section 280 of reasonablelegal expenses that a person has reasonably incurred, or mayreasonably incur, in respect of—
(a) the proceedings under this Part in which the order is made,
or
(b) any related proceedings under this Part.
(8B) If regulations under section 286B apply to an item of expen diture, a
sum in respect of the item is not payable under section 280 inpursuance of provision under subsection (8A) unless—
(a) the enforcement authority agrees to its payment, or
(b) the court has assessed the amount allowed by the regulations
in respect of that item and the sum is paid in respect of theassessed amount.”
16 In section 271(4) (certain payments to trustee for civil reco very to be reduced
to take account of loss caused by interim receiving order etc.) —
(a) in paragraph (a), for “an interim receiving order or” substi tute “a
property freezing order, an interim receiving order, a prohibit ory
property order or an”, and
(b) in paragraph (b), for “interim receiving order or interim
administration order” substitute “order mentioned in paragraph(a)”.
17 In section 272(5) (provision in recovery orders for compensat ion for loss
caused by interim receiving order etc.)—
(a) in paragraph (a), for “an interim receiving order or” substi tute “a
property freezing order, an interim receiving order, a prohibit ory
property order or an”, and
(b) in paragraph (b), for “interim receiving order or interim
administration order” substitute “order mentioned in paragraph(a)”.
18 In section 280(2) (application of realised proceeds of recove ry order)—Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 6 — Minor and consequential amendments relating to Cha pter 6 of Part 2183
(a) after paragraph (a) insert—
“(aa) next, any payment of legal expenses which, after
giving effect to section 266(8B), are payable under thissubsection in pursuance of provision under section266(8A) contained in the recovery order,” and
(b) in paragraph (b), for “second” substitute “then”.
19 In section 283 (compensation where interim receiving order et c. has
applied)—
(a) in subsection (1), for “an interim receiving order or” subst itute “a
property freezing order, an interim receiving order, a prohibit ory
property order or an”, and
(b) in subsection (5), for “interim receiving order or interim
administration order” substitute “order mentioned in subsection(1)”.
20 After section 286 insert—
“286A Legal expenses excluded from freezing: required condition s
(1) The Lord Chancellor may by regulations specify the required
conditions for the purposes of section 245C(5) or 252(4).
(2) A required condition may (in particular)—
(a) restrict who may receive sums released in pursuance of the
exclusion (by, for example, requiring released sums to bepaid to professional legal advisers), or
(b) be made for the purpose of controlling the amount of any
sum released in pursuance of the exclusion in respect of anitem of expenditure.
(3) A required condition made for the purpose mentioned in subse ction
(2)(b) may (for example)—
(a) provide for sums to be released only with the agreement of
the enforcement authority;
(b) provide for a sum to be released in respect of an item of
expenditure only if the court has assessed the amountallowed by regulations under section 286B in respect of thatitem and the sum is released for payment of the assessedamount;
(c) provide for a sum to be released in respect of an item of
expenditure only if—
(i) the enforcement authority agrees to its release, or
(ii) the court has assessed the amount allowed by
regulations under section 286B in respect of that itemand the sum is released for payment of the assessedamount.
(4) Before making regulations under this section, the Lord Chanc ellor
must consult such persons as he considers appropriate.
286B Legal expenses: regulations for purposes of section 266(8B)  or 286A(3)
(1) The Lord Chancellor may by regulations—
(a) make provision for the purposes of section 266(8B);Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 6 — Minor and consequential amendments relating to Chapter 6 of Part 2184
(b) make provision for the purposes of required conditions that
make provision of the kind mentioned in section 286A(3)(b)or (c).
(2) Regulations under this section may (in particular)—
(a) limit the amount of remuneration allowable to
representatives for a unit of time worked;
(b) limit the total amount of remuneration allowable to
representatives for work done in connection withproceedings or a step in proceedings;
(c) limit the amount allowable in respect of an item of expense
incurred by a representative or incurred, otherwise than inrespect of the remuneration of a representative, by a party toproceedings.
(3) Before making regulations under this section, the Lord Chanc ellor
must consult such persons as he considers appropriate.”
21 In section 287 (financial threshold for starting proceedings) , in subsections
(3) and (4) (threshold applies to applications made before proc eedings
started but does not apply after proceedings started or applica tion made),
for “an interim receiving order or” substitute “a property free zing order, an
interim receiving order, a prohibitory property order or an”.
22 (1) Section 316(1) (interpretation of Part 5) is amended as fo llows.
(2) After the definition of “premises” insert—
““prohibitory property order” has the meaning given by section
255A(2);
“property freezing order” has the meaning given by section
245A(2);”.
(3) In paragraph (b) of the definition of “respondent”, for “an interim receiving
order or” substitute “a property freezing order, an interim rec eiving order, a
prohibitory property order or an”.
23 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 rec eiving
order made under section 246, a prohibitory property order made  under
section 255A”.
SCHEDULE 7
Section 111
POWERS  OF ARREST : SUPPLEMENTARY
PART 1
SPECIFIC  REPEALS
Unlawful Drilling Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 1)
1 In section 2 of the Unlawful Drilling Act 1819 (power to dispe rse unlawful
meeting), omit “, or for any other person acting in their aid o r assistance,”.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 7 — Powers of Arrest: supplementary
Part 1 — Specific repeals185
Vagrancy Act 1824 (c. 83)
2 Section 6 of the Vagrancy Act 1824 (power to apprehend) shall cease to have
effect.
Railway Regulation Act 1842 (c. 55)
3 Section 17 of the Railway Regulation Act 1842 (punishment of p ersons guilty
of misconduct) shall cease to have effect.
Companies Clauses Consolidation Act 1845 (c. 16)
4 In section 156 of the Companies Clauses Consolidation Act 1845  (transient
offenders), omit “, and all persons called by him to his assist ance,”.
Railways Clauses Consolidation Act 1845 (c. 20)
5 (1) The Railways Clauses Consolidation Act 1845 is amended as f ollows.
(2) Section 104 (detention of offenders) shall cease to have eff ect.
(3) Section 154 (transient offenders) shall cease to have effect .
Licensing Act 1872 (c. 94)
6 In section 12 of the Licensing Act 1872 (penalty on persons fo und drunk),
omit “may be apprehended, and”.
Public Stores Act 1875 (c. 25)
7 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)
8 In section 7 of the London County Council (General Powers) Act  1894 (arrest
for breach of byelaws), omit “and any person called to the assi stance of such
constable or person authorised”.
London County Council (General Powers) Act 1900 (c. cclxviii)
9 In section 27 of the London County Council (General Powers) Ac t 1900
(arrest for breach of byelaws), omit “and any person called to the assistance
of such constable or officer”.
Licensing Act 1902 (c. 28)
10 (1) The Licensing Act 1902 is amended as follows.
(2) In section 1 (apprehension of persons found drunk), omit “ap prehended
and”.
(3) In section 2 (being drunk in charge of a child), in subsecti on (1), omit “may
be apprehended, and”.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 7 — Powers of Arrest: supplementary
Part 1 — Specific repeals186
Protection of Animals Act 1911 (c. 27)
11 In section 12 of the Protection of Animals Act 1911 (powers o f constables),
omit subsection (1).
Official Secrets Act 1911 (c. 28)
12 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)
13 In section 7 of the Public Order Act 1936 (enforcement), omit  subsection (3).
Street Offences Act 1959 (c. 57)
14 In section 1 of the Street Offences Act 1959 (loitering or so liciting for
purposes of prostitution), omit subsection (3).
Criminal Justice Act 1967 (c. 80)
15 In section 91 of the Criminal Justice Act 1967 (drunkenness i n a public place),
in subsection (1), omit “may be arrested without warrant by any  person
and”.
Ministry of Housing and Local Government Provisional Order Conf irmation (Greater London 
Parks and Open Spaces) Act 1967 (c. xxix)
16 In Article 19 (power of detention) of the Order set out in th e Schedule to the
Ministry of Housing and Local Government Provisional OrderConfirmation (Greater London Parks and Open Spaces) Act 1967, o mit “and
any person called to the assistance of such constable or office r”.
Theft Act 1968 (c. 60)
17 In section 25 of the Theft Act 1968 (going equipped for steal ing etc.), omit
subsection (4).
Port of London Act 1968 (c. xxxii)
18 Section 170 of the Port of London Act 1968 (power of arrest) shall cease to
have effect.
Criminal Law Act 1977 (c. 45)
19 (1) The Criminal Law Act 1977 is amended as follows.
(2) In section 6 (violence for securing entry), omit subsection (6).
(3) In section 7 (adverse occupation of residential premises), o mit subsection (6).
(4) In section 8 (trespassing with a weapon of offence), omit su bsection (4).
(5) In section 9 (trespassing on premises of foreign missions, e tc.), omit
subsection (7).Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 7 — Powers of Arrest: supplementary
Part 1 — Specific repeals187
(6) In section 10 (obstruction of certain officers executing pro cess), in subsection
(5), omit “A constable in uniform,”.
Theft Act 1978 (c. 31)
20 In section 3 of the Theft Act 1978 (making off without paymen t), omit
subsection (4).
Animal Health Act 1981 (c. 22)
21 (1) The Animal Health Act 1981 is amended as follows.
(2) In section 61 (powers of arrest as to rabies), omit subsecti on (1).
(3) In section 62 (entry and search under section 61), omit subs ection (1).
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
22 In Schedule 3 to the Local Government (Miscellaneous Provisio ns) Act 1982
(control of sex establishments), omit paragraph 24.
Aviation Security Act 1982 (c. 36)
23 In section 28 of the Aviation Security Act 1982 (byelaws for designated
airports), omit subsection (3).
Police and Criminal Evidence Act 1984 (c. 60)
24 (1) The Police and Criminal Evidence Act 1984 is amended as fo llows.
(2) In section 118 (general interpretation), in subsection (1), omit the definition
of “arrestable offence”.
(3) Schedule 1A (specific offences which are arrestable offences ) shall cease to
have effect.
(4) In Schedule 2 (preserved powers of arrest), the following ar e omitted—
the entry relating to the Military Lands Act 1892 (c. 43),
the entry relating to the Protection of Animals Act 1911 (c. 27) ,
the entry relating to the Public Order Act 1936 (1 Edw. 8 &
1G e o .6c .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).
Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)
25 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)
26 (1) The Public Order Act 1986 is amended as follows.
(2) In section 3 (affray), omit subsection (6).Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 7 — Powers of Arrest: supplementary
Part 1 — Specific repeals188
(3) In section 4 (fear or provocation of violence), omit subsect ion (3).
(4) In section 4A (intentional harassment, alarm or distress), o mit subsection (4).
(5) In section 5 (harassment, alarm or distress), omit subsectio ns (4) and (5).
(6) In section 12 (imposing conditions on public processions), o mit subsection
(7).
(7) In section 13 (prohibiting public processions), omit subsect ion (10).
(8) In section 14 (imposing conditions on public assemblies), om it subsection
(7).
(9) In section 14B (offences in connection with trespassory asse mblies), omit
subsection (4).
(10) In section 14C (stopping persons from proceeding to trespas sory
assemblies), omit subsection (4).
(11) In section 18 (use of words or behaviour or display of writ ten material), omit
subsection (3).
Road Traffic Act 1988 (c. 52)
27 (1) The Road Traffic Act 1988 is amended as follows.
(2) In section 4 (driving etc. under influence of drink or drugs ), omit subsections
(6) to (8).
(3) In section 163 of the Road Traffic Act 1988 (power of police  to stop vehicles),
omit subsection (4).
(4) The repeal of section 4(8) extends also to Scotland.
Football Spectators Act 1989 (c. 37)
28 In section 2 of the Football Spectators Act 1989 (offences re lating to
unauthorised attendance at designated football matches), omit s ubsection
(4).
Transport and Works Act 1992 (c. 42)
29 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 )
30 In section 241 of the Trade Union and Labour Relations (Conso lidation) Act
1992 (intimidation or annoyance), omit subsection (3).
Criminal Justice and Public Order Act 1994 (c. 33)
31 (1) The Criminal Justice and Public Order Act 1994 is amended as follows.
(2) In section 61 (power to remove trespassers on land), omit su bsection (5).
(3) In section 62B (failure to comply with direction under secti on 62A), omit
subsection (4).Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 7 — Powers of Arrest: supplementary
Part 1 — Specific repeals189
(4) In section 63 (powers to remove persons attending or prepari ng for a rave),
omit subsection (8).
(5) In section 65 (raves: powers to stop persons from proceeding ), omit
subsection (5).
(6) In section 68 (offence of aggravated trespass), omit subsect ion (4).
(7) In section 69 (powers to remove persons committing or partic ipating in
aggravated trespass), omit subsection (5).
(8) In section 76 (interim possession orders: trespassing during  currency of
order), omit subsection (7).
Reserve Forces Act 1996 (c. 14)
32 In Schedule 2 to the Reserve Forces Act 1996 (deserters and a bsentees
without leave), omit paragraph 2(1).
Confiscation of Alcohol (Young Persons) Act 1997 (c. 33)
33 In section 1 of the Confiscation of Alcohol (Young Persons) A ct 1997
(confiscation of alcohol), omit subsection (5).
Crime and Disorder Act 1998 (c. 37)
34 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)
35 In the Criminal Justice and Police Act 2001—
(a) in section 42 (police directions stopping harassment etc. of  a person
in his home), omit subsection (8),
(b) in section 47 (application of offences relating to prostitut ion
advertising to public structures), omit subsection (3).
Anti-social Behaviour Act 2003 (c. 38)
36 In the Anti-social Behaviour Act 2003—
(a) in section 4 (closure of premises: offences), omit subsectio n (5),
(b) in section 32 (supplementary provisions about powers relatin g to
dispersal of groups and removal of persons under 16 to their ho mes),
omit subsection (3).
Hunting Act 2004 (c. 37)
37 Section 7 of the Hunting Act 2004 (arrest) shall cease to hav e effect.
PART 2
GENERAL  REPEAL
38 So much of the enactments set out in the second column of the  Table below
as confers a power of arrest without warrant upon—
(a) a constable, orSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 7 — Powers of Arrest: supplementary
Part 2 — General repeal190
(b) persons in general (as distinct from persons of any descript ion
specified in or for the purposes of the enactment),
shall cease to have effect to the extent that it is not already  spent.
PART 3
AMENDMENTS  RELATING  TO REFERENCES  TO ARRESTABLE  OFFENCES  AND  SERIOUS  
ARRESTABLE  OFFENCES
Criminal Law Act 1826 (c. 64)
39 In section 28 of the Criminal Law Act 1826 (which confers pow er to order the
payment of compensation to those who have helped apprehend anoffender), for “an arrestable offence” substitute “an indictabl e offence”.
Criminal Law Act 1967 (c. 58)
40 (1) The Criminal Law Act 1967 is amended as follows.
(2) In section 4 (penalties for assisting offenders)—
(a) in subsection (1)—
(i) for “an arrestable offence” substitute “a relevant offence”,
(ii) for “other arrestable offence” substitute “other relevant
offence”,
(b) for subsection (1A) substitute—
“(1A) In this section and section 5 below, “relevant offence”
means—
(a) an offence for which the sentence is fixed by law,Short title and chapter Enactment affected
Unlawful Drilling Act 1819
( 6 0G e o .3&  1G e o .4c .1 )Section 2 (power to disperse unlawful meeting).
Military Lands Act 1892 (c. 43) Section 17(2) (powers relating to  breaches of
byelaws).
London County Council
(General Powers) Act 1894(c. ccxii)Section 7 (arrest for breach of byelaws).
London County Council
(General Powers) Act 1900 (c.cclxviii)Section 27 (arrest for breach of byelaws).
Ministry of Housing and Local
Government ProvisionalOrder Confirmation (GreaterLondon Parks and OpenSpaces) Act 1967 (c. xxix)Article 19 (power of detention) of the Order set
out in the Schedule.
Theft Act 1968 (c. 60) In Schedule 1 (offences of taking or destr oying
fish), paragraph 2(4).
Lotteries and Amusements Act
1976 (c. 32)In section 19 (search warrants), the second
paragraph (b).
Animal Health Act 1981 (c. 22) Section 60 (duties and authorities  of constables).Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 7 — Powers of Arrest: supplementary
Part 3 — Amendments relating to references to arrestable offenc es and serious arrestable offences191
(b) an offence for which a person of 18 years or over (not
previously convicted) may be sentenced toimprisonment for a term of five years (or might be sosentenced but for the restrictions imposed by section33 of the Magistrates’ Courts Act 1980).”,
(c) in subsection (2), for “an arrestable offence” substitute “a  relevant
offence”.
(3) In section 5 (penalties for concealing offences or giving fa lse information), in
subsection (1)—
(a) for “an arrestable offence” substitute “a relevant offence”,
(b) for “other arrestable offence” substitute “other relevant of fence”.
Port of London Act 1968 (c. xxxii)
41 (1) The Port of London Act 1968 is amended as follows.
(2) In section 2 (interpretation), omit the definition of “arres table offence”.
(3) In section 156 (powers of constables), in subsection (2), fo r “arrestable”, in
each place where it occurs, substitute “indictable”.
Solicitors Act 1974 (c. 47)
42 (1) The Solicitors Act 1974 is amended as follows.
(2) In section 13A (imposition of conditions while practising ce rtificates are in
force), in subsection (2)(d), for sub-paragraph (ii) substitute —
“(ii) an indictable offence.”
(3) In section 13B (suspension of practising certificates where solicitors
convicted of fraud or serious crime), in subsection (1)(a), for  sub-paragraph
(ii) substitute—
“(ii) an indictable offence; and”.
Police and Criminal Evidence Act 1984 (c. 60)
43 (1) The Police and Criminal Evidence Act 1984 is amended as fo llows.
(2) In section 4 (road checks)—
(a) for “a serious arrestable offence”, in each place where it o ccurs,
substitute “an indictable offence”,
(b) in subsection (14), for “serious arrestable offence” substit ute
“indictable offence”.
(3) In section 8 (powers to authorise entry and search), for “a serious arrestable
offence”, in both places, substitute “an indictable offence”.
(4) In section 17 (entry for purpose of arrest etc.), in subsect ion (1)(b), for
“arrestable” substitute “indictable”.
(5) In section 18 (entry and search after arrest), in subsection  (1), for “arrestable”,
in both places, substitute “indictable”.
(6) In section 32 (search upon arrest), in subsection (2), for p aragraph (b)Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 7 — Powers of Arrest: supplementary
Part 3 — Amendments relating to references to arrestable offenc es and serious arrestable offences192
substitute—
“(b) if the offence for which he has been arrested is an indicta ble
offence, to enter and search any premises in which he waswhen arrested or immediately before he was arrested forevidence relating to the offence.”
(7) In section 42 (authorisation of continued detention), in sub section (1)(b), for
“arrestable” substitute “indictable”.
(8) In section 43 (warrants of further detention), in subsection  ( 4 ) ( b ) ,  f o r  “ a
serious arrestable offence” substitute “an indictable offence”.
(9) In section 56 (right to have someone informed when arrested) —
(a) in each of subsections (2)(a) and (5)(a), for “a serious arr estable
offence” substitute “an indictable offence”,
(b) in subsection (5A)(a), for “the serious arrestable offence” substitute
“the indictable offence”.
(10) In section 58 (access to legal advice)—
(a) in each of subsections (6)(a) and (8)(a), for “a serious arr estable
offence” substitute “an indictable offence”,
(b) in subsection (8A)(a), for “the serious arrestable offence” substitute
“the indictable offence”.
(11) In section 114A (power to apply Act to officers of Secretar y of State), in
subsection (2)(c), for “a serious arrestable offence”, in both places, substitute
“an indictable offence”.
(12) Section 116 (meaning of “serious arrestable offence”) shall  cease to have
effect.
(13) In Schedule 1 (special procedure material), in paragraph 2( a)(i), for “a
serious arrestable offence” substitute “an indictable offence”.
(14) Schedule 5 (serious arrestable offences) shall cease to hav e effect.
Administration of Justice Act 1985 (c. 61)
44 In section 16 of the Administration of Justice Act 1985 (cond itional licences
for licensed conveyancers), in subsection (1)(ia), for “a serio us arrestable
offence (as defined by section 116 of the Police and Criminal E vidence Act
1984)” substitute “an indictable offence”.
Housing Act 1985 (c. 68)
45 In Part 1 of Schedule 2 to the Housing Act 1985 (which sets o ut grounds
upon which a court may, if it considers it reasonable, order po ssession of
dwelling-houses let under secure tenancies), in Ground 2, in pa ragraph
(b)(ii), for “arrestable” substitute “indictable”.
Housing Act 1988 (c. 50)
46 In Part 2 of Schedule 2 to the Housing Act 1988 (which sets o ut grounds on
which a court may order possession of dwelling-houses let on as sured
tenancies), in Ground 14, in paragraph (b)(ii), for “arrestable ” substitute
“indictable”.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 7 — Powers of Arrest: supplementary
Part 3 — Amendments relating to references to arrestable offenc es and serious arrestable offences193
Criminal Justice and Public Order Act 1994 (c. 33)
47 (1) The Criminal Justice and Public Order Act 1994 is amended as follows.
(2) In section 137 (cross-border powers of arrest etc.)—
(a) in subsection (1), for “conditions applicable to this subsec tion are”
substitute “condition applicable to this subsection is”,
(b) for subsection (4) substitute—
“(4) The condition applicable to subsection (1) above is that it
appears to the constable that it would have been lawful forhim to have exercised the powers had the suspected personbeen in England and Wales.”,
(c) in subsection (9), for the definition of ““arrestable offenc e” and
“designated police station”” substitute—
““arrestable offence” has the same meaning as in the
Police and Criminal Evidence (Northern Ireland)Order 1989 (“the 1989 Order”);
“designated police station” has the same meaning as in
the Police and Criminal Evidence Act 1984 or, inrelation to Northern Ireland, as in the 1989 Order;and”.
(3) In section 138 (provisions supplementing section 137), in su bsection (3), for
“subsections (4)(b) and (6)(b)” substitute “subsection (6)(b)”.
(4) In section 140 (reciprocal powers of arrest), in subsection (1), for “section
24(6) or (7) or 25” substitute “section 24”.
(5) This paragraph extends to the whole of the United Kingdom.
Terrorism Act 2000 (c. 11)
48 (1) In Schedule 8 to the Terrorism Act 2000 (detention), in pa ragraph 8 (which
relates to the rights of a person detained under Schedule 7 to or section 41 of
that Act)—
(a) in sub-paragraph (4), for “serious arrestable offence”, in e ach place
where it occurs, substitute “serious offence”,
(b) in sub-paragraph (9), for the words before paragraph (a) sub stitute
“In this paragraph, references to a “serious offence” are (in r elation to
England and Wales) to an indictable offence, and (in relation t o
Northern Ireland) to a serious arrestable offence within the me aning
of Article 87 of the Police and Criminal Evidence (Northern Ire land)
Order 1989; but also include—”.
(2) This paragraph extends to the whole of the United Kingdom.
International Criminal Court Act 2001 (c. 17)
49 (1) The International Criminal Court Act 2001 is amended as fo llows.
(2) In section 33 (entry, search and seizure), in subsection (2) , for “a serious
arrestable offence” substitute “(in the case of Part 2 of the 1 984 Act) to an
indictable offence or (in the case of Part III of the 1989 Orde r) to a serious
arrestable offence”.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 7 — Powers of Arrest: supplementary
Part 3 — Amendments relating to references to arrestable offenc es and serious arrestable offences194
(3) In section 55 (meaning of “ancillary offence” under the law of England and
Wales), in subsection (5), in each of paragraphs (a) and (b), f or “an arrestable
offence” substitute “a relevant offence”.
(4) This paragraph extends to England and Wales and to Northern Ireland (but
not to Scotland).
Armed Forces Act 2001 (c. 19)
50 In section 5 of the Armed Forces Act 2001 (power of judicial officer to
authorise entry and search of certain premises), in subsection (2)(a), for “a
serious arrestable offence for the purposes of the 1984 Act” su bstitute “an
indictable offence”.
This paragraph has the same extent as the Armed Forces Act 2001 .
Crime (International Co-operation) Act 2003 (c. 32)
51 (1) The Crime (International Co-operation) Act 2003 is amended  as follows.
(2) In section 16 (extension of statutory search powers in Engla nd and Wales
and Northern Ireland), in subsection (1)—
(a) for “serious arrestable offences” substitute “indictable off ences”,
(b) in paragraph (b), for “a serious arrestable offence” substit ute “an
indictable offence”.
(3) In section 17 (warrants in England and Wales or Northern Ire land), in
subsection (3)—
(a) for paragraph (b) substitute—
“(b) the conduct constituting the offence which is the
subject of the proceedings or investigation would (if itoccurred in England and Wales) constitute anindictable offence, or (if it occurred in NorthernIreland) constitute an arrestable offence, and”,
(b) in the definition of “arrestable offence”, omit the words “t he Police
and Criminal Evidence Act 1984 (c. 60) or (as the case may be)” .
(4) This paragraph extends to the whole of the United Kingdom.
P
ART 4
OTHER  AMENDMENTS
Game Laws (Amendment) Act 1960 (c. 36)
52 (1) The Game Laws (Amendment) Act 1960 is amended as follows.
(2) In section 2 (power of police to enter on land), in subsecti on (1)(b), for
“section 25” substitute “section 24”.
(3) In section 4 (further provisions as to seizure and forfeitur e), in subsection (1),
for “section 25” substitute “section 24”.
Immigration Act 1971 (c. 77)
53 In section 28A of the Immigration Act 1971 (arrest without wa rrant), in each
of subsections (1) and (9A), for “A constable or” substitute “A n”.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 7 — Powers of Arrest: supplementary
Part 4 — Other amendments195
Customs and Excise Management Act 1979 (c. 2)
54 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)
55 (1) The Animal Health Act 1981 is amended as follows.
(2) In section 61 (powers of arrest as to rabies)—
(a) in subsection (2), after “applies” insert “for the purposes of section
17(1)(caa) of the Police and Criminal Evidence Act 1984”,
(b) for the heading substitute “Powers of entry and search in re lation to
rabies offences”.
(3) For the heading to section 62 (entry and search under sectio n 61) substitute
“Entry and search in exercise of powers to seize animals”.
Wildlife and Countryside Act 1981 (c. 69)
56 In section 19 of the Wildlife and Countryside Act 1981 (enfor cement), in
subsection (2), for “section 25” substitute “section 24”.
This paragraph extends also to Scotland.
Aviation Security Act 1982 (c. 36)
57 In section 13 of the Aviation Security Act 1982 (power to req uire 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)
58 In section 17 of the Police and Criminal Evidence Act 1984 (e ntry for purpose
of arrest etc.), in subsection (1)—
(a) for paragraph (c)(iiia) substitute—
“(iiia) section 4 (driving etc. when under
influence of drink or drugs) or 163(failure to stop when required to do soby constable in uniform) of the RoadTraffic Act 1988;
(iiib) section 27 of the Transport and Works
Act 1992 (which relates to offencesinvolving drink or drugs);”,
(b) after paragraph (ca) insert—
“(caa) of arresting a person for an offence to which section 61
of the Animal Health Act 1981 applies;”.
Road Traffic Act 1988 (c. 52)
59 In section 184 of the Road Traffic Act 1988 (application of s ections 5 to 10 of
that Act to persons subject to service discipline), for subsect ion (2)Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 7 — Powers of Arrest: supplementary
Part 4 — Other amendments196
substitute—
“(2) A member of the provost staff may arrest a person for the t ime being
subject to service discipline without warrant if he has reasona ble
cause to suspect that that person is or has been committing an offence
under section 4.
(2A) The power conferred by subsection (2) is exercisable outsid e as well
as within Great Britain.”
This paragraph has the same extent as section 184 of that Act.
Aviation and Maritime Security Act 1990 (c. 31)
60 In section 22 of the Aviation and Maritime Security Act 1990 (power to
require harbour authorities to promote searches in harbour area s), in
subsection (10)(a), for “25” substitute “24A”.
This paragraph has the same extent as that Act.
Deer Act 1991 (c. 54)
61 In section 12 of the Deer Act 1991 (powers of search, arrest and seizure), in
subsection (2)(b), for “section 25” substitute “section 24”.
Gangmasters (Licensing) Act 2004 (c. 11)
63 The Gangmasters (Licensing) Act 2004 is amended as follows—
(a) in section 14 (offences: supplementary), in subsection (1), for “section
24(4) and (5)” substitute “section 24A”,
(b) in Schedule 2 (application of Act to Northern Ireland), in p aragraph
14, for “section 24(4) and (5)” substitute “section 24A”.
This paragraph has the same extent as that Act.
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)
62 The Asylum and Immigration (Treatment of Claimants, etc.) Act  2004 is
amended as follows—
(a) in section 2 (entering U.K. without passport, etc.), in subs ection (10),
for “a constable or” substitute “an”,
(b) in section 35 (deportation or removal: cooperation), in subs ection (5),
for “a constable or” substitute “an”.
SCHEDULE 8 Section 122
POWERS  OF DESIGNATED  AND  ACCREDITED  PERSONS
PART 1
DESIGNATED  PERSONS
1 Schedule 4 to the Police Reform Act 2002 (c. 30) (powers exerci sable by
police civilians) is amended as follows.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 8 — Powers of designated and accredited persons
Part 1 — Designated persons197
Community support officers
2 After paragraph 1 insert—
“Power to require name and address
1A (1) This paragraph applies if a designation applies it to any person.
(2) Such a designation may specify that, in relation to that per son, the
application of sub-paragraph (3) is confined to one or more onl y
(and not to all) relevant offences or relevant licensing offenc es,
being in each case specified in the designation.
(3) Subject to sub-paragraph (4), where that person has reason t o
believe that another person has committed a relevant offence inthe relevant police area, or a relevant licensing offence (whet her or
not in the relevant police area), he may require that other per son
to give him his name and address.
(4) The power to impose a requirement under sub-paragraph (3) in
relation to an offence under a relevant byelaw is exercisable o nly
in a place to which the byelaw relates.
(5) A person who fails to comply with a requirement under sub-
paragraph (3) is guilty of an offence and shall be liable, onsummary conviction, to a fine not exceeding level 3 on thestandard scale.
(6) In its application to an offence which is an offence by refe rence to
which a notice may be given to a person in exercise of the powe r
mentioned in paragraph 1(2)(aa), sub-paragraph (3) of thisparagraph shall have effect as if for the words “has committed a
relevant offence in the relevant police area” there were substi tuted
“in the relevant police area has committed a relevant offence”.
(7) In this paragraph, “relevant offence”, “relevant licensing o ffence”
and “relevant byelaw” have the meaning given in paragraph 2(reading accordingly the references to “this paragraph” inparagraph 2(6)).”
3 (1) Paragraph 2 (power to detain etc.) is amended as follows.
(2) For sub-paragraph (2) substitute—
 “(2) A designation may not apply this paragraph to any person u nless
a designation also applies paragraph 1A to him.”
(3) In sub-paragraph (3)—
(a) for “sub-paragraph (2)” substitute “paragraph 1A(3)”,
(b) at the end add the following new sentence—
    “This sub-paragraph does not apply if the requirement was
imposed in connection with a relevant licensing offencementioned in paragraph (a), (c) or (f) of sub-paragraph (6A)believed to have been committed on licensed premises (within th e
meaning of the Licensing Act 2003).”
(4) After sub-paragraph (3) insert—
 “(3A) Where— Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 8 — Powers of designated and accredited persons
Part 1 — Designated persons198
(a) a designation applies this paragraph to any person (“the
CSO”); and 
(b) by virtue of a designation under paragraph 1A the CSO
has the power to impose a requirement under sub-paragraph (3) of that paragraph in relation to an offenceunder a relevant byelaw,
the CSO shall also have any power a constable has under the
relevant byelaw to remove a person from a place.
(3B) Where a person to whom this paragraph applies (“the CSO”) h as
reason to believe that another person is committing an offenceunder section 3 or 4 of the Vagrancy Act 1824, and requires him  to
stop doing whatever gives rise to that belief, the CSO may, if the
other person fails to stop as required, require him to wait wit h the
CSO, for a period not exceeding thirty minutes, for the arrival  of a
constable.”
(5) In sub-paragraph (4), after “(3)” insert “or (3B)”.(6) In sub-paragraph (5)—
(a) omit paragraph (a),
(b) in paragraph (b), after “(3)” insert “or (3B)”.
(7) In sub-paragraph (6), after the paragraph (ab) inserted by p aragraph 13(2) of
Schedule 13 to this Act, insert—
“(ac) an offence under section 3 or 4 of the Vagrancy Act 1824; or
(ad) an offence under a relevant byelaw; or”.
(8) After sub-paragraph (6) insert—
 “(6A) In this paragraph “relevant licensing offence” means an o ffence
under any of the following provisions of the Licensing Act 2003 —
(a) section 141 (otherwise than by virtue of subsection (2)(c) o r
(3) of that section);
(b) section 142;
(c) section 146(1);
(d) section 149(1)(a), (3)(a) or (4)(a);
(e) section 150(1);
(f) section 150(2) (otherwise than by virtue of subsection (3)(b )
of that section);
(g) section 152(1) (excluding paragraph (b)).
(6B) In this paragraph “relevant byelaw” means a byelaw included  in a
list of byelaws which—
(a) have been made by a relevant body with authority to make
byelaws for any place within the relevant police area; and
(b) the chief officer of the police force for the relevant polic e
area and the relevant body have agreed to include in thelist.
(6C) The list must be published by the chief officer in such a w ay as to
bring it to the attention of members of the public in localitie s
where the byelaws in the list apply.
(6D) A list of byelaws mentioned in sub-paragraph (6B) may be
amended from time to time by agreement between the chief office rSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 8 — Powers of designated and accredited persons
Part 1 — Designated persons199
and the relevant body in question, by adding byelaws to it or
removing byelaws from it, and the amended list shall also bepublished by the chief officer as mentioned in sub-paragraph (6 C). 
(6E) A relevant body for the purposes of sub-paragraph (6B) is—
(a) in England, a county council, a district council, a London
borough council or a parish council; or in Wales, a countycouncil, a county borough council or a community council;
(b) the Greater London Authority;
(c) Transport for London;
(d) a metropolitan county passenger transport authority
established under section 28 of the Local Government Act1985;
(e) any body specified in an order made by the Secretary of
State.
(6F) An order under sub-paragraph (6E)(e) may provide, in relati on to
any body specified in the order, that the agreement mentioned i n
sub-paragraph (6B)(b) and (6D) is to be made between the chiefofficer and the Secretary of State (rather than between the chi ef
officer and the relevant body).”
(9) Omit sub-paragraph (7).
(10) At the end add—
 “(8) The application of any provision of this paragraph by para graph
3(2), 3A(2) or 7A(8) has no effect unless a designation under t his
paragraph has applied this paragraph to the CSO in question.” 
4 After paragraph 2 insert—
“Powers to search individuals and to seize and retain items
2A (1) Where a designation applies this paragraph to any person, that
person shall (subject to sub-paragraph (3)) have the powersmentioned in sub-paragraph (2) in relation to a person uponwhom he has imposed a requirement to wait under paragraph 2(3)or (3B) (whether or not that person makes an election underparagraph 2(4)).
(2) Those powers are the same powers as a constable has under
section 32 of the 1984 Act in relation to a person arrested at a place
other than a police station—
(a) to search the arrested person if the constable has
reasonable grounds for believing that the arrested personmay present a danger to himself or others; and to seize andretain anything he finds on exercising that power, if theconstable has reasonable grounds for believing that theperson being searched might use it to cause physical injuryto himself or to any other person;
(b) to search the arrested person for anything which he might
use to assist him to escape from lawful custody; and toseize and retain anything he finds on exercising that power(other than an item subject to legal privilege) if theconstable has reasonable grounds for believing that theSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 8 — Powers of designated and accredited persons
Part 1 — Designated persons200
person being searched might use it to assist him to escape
from lawful custody.
(3) If in exercise of the power conferred by sub-paragraph (1) t he
person to whom this paragraph applies seizes and retainsanything by virtue of sub-paragraph (2), he must—
(a) tell the person from whom it was seized where inquiries
about its recovery may be made; and
(b) comply with a constable’s instructions about what to do
with it.”
5 In paragraph 3 (power to require name and address of person ac ting in anti-
social manner), in sub-paragraph (2), for “sub-paragraph (2) of  t h a t
paragraph” substitute “paragraph 1A(3)”.
6 After paragraph 3 insert—
“Power to require name and address: road traffic offences
3A (1) Where a designation applies this paragraph to any person, that
person shall, in the relevant police area, have the powers of aconstable—
(a) under subsection (1) of section 165 of the Road Traffic Act
1988 to require a person mentioned in paragraph (c) of thatsubsection who he has reasonable cause to believe hascommitted, in the relevant police area, an offence undersubsection (1) or (2) of section 35 of that Act (including thatsection as extended by paragraphs 11B(4) and 12(2) of thisSchedule) to give his name and address; and
(b) under section 169 of that Act to require a person
committing an offence under section 37 of that Act(including that section as extended by paragraphs 11B(4)and 12(2) of this Schedule) to give his name and address.
(2) Sub-paragraphs (3) to (5) of paragraph 2 apply in the case o f a
requirement imposed by virtue of sub-paragraph (1) as they appl y
in the case of a requirement under paragraph 1A(3).
(3) The reference in section 169 of the Road Traffic Act 1988 to  section
37 of that Act is to be taken to include a reference to that se ction as
extended by paragraphs 11B(4) and 12(2) of this Schedule.”
7 In paragraph 4 (power to use reasonable force to detain person )—
(a) in sub-paragraph (2)(b), after “paragraph” insert “1A or”,
(b) in sub-paragraph (3), for “paragraph 2(2)” substitute “parag raph
1A(3)”.
8 After paragraph 7 insert—
“Search and seizure powers: alcohol and tobacco
7A (1) Where a designation applies this paragraph to any person ( “the
CSO”), the CSO shall have the powers set out below.
(2) Where—
(a) in exercise of the powers referred to in paragraph 5 or 6 th e
CSO has imposed, under section 12(2) of the CriminalSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 8 — Powers of designated and accredited persons
Part 1 — Designated persons201
Justice and Police Act 2001 or under section 1 of the
Confiscation of Alcohol (Young Persons) Act 1997, arequirement on a person to surrender alcohol or acontainer for alcohol;
(b) that person fails to comply with that requirement; and
(c) the CSO reasonably believes that the person has alcohol or
a container for alcohol in his possession,
the CSO may search him for it.
(3) Where—
(a) in exercise of the powers referred to in paragraph 7 the
CSO has sought to seize something which by virtue of thatparagraph he has a power to seize;
(b) the person from whom he sought to seize it fails to
surrender it; and
(c) the CSO reasonably believes that the person has it in his
possession,
the CSO may search him for it.
(4) The power to search conferred by sub-paragraph (2) or (3)—
(a) is to do so only to the extent that is reasonably required f or
the purpose of discovering whatever the CSO is searchingfor; and
(b) does not authorise the CSO to require a person to remove
any of his clothing in public other than an outer coat, jacketor gloves.
(5) A person who without reasonable excuse fails to consent to b eing
searched is guilty of an offence and shall be liable, on summar y
conviction, to a fine not exceeding level 3 on the standard sca le.
(6) A CSO who proposes to exercise the power to search a person
under sub-paragraph (2) or (3) must inform him that failingwithout reasonable excuse to consent to being searched is anoffence.
(7) If the person in question fails to consent to being searched , the
CSO may require him to give the CSO his name and address.
(8) Sub-paragraph (3) of paragraph 2 applies in the case of a
requirement imposed by virtue of sub-paragraph (7) as it applie s
in the case of a requirement under paragraph 1A(3); and sub-paragraphs (4) to (5) of paragraph 2 also apply accordingly.
(9) If on searching the person the CSO discovers what he is sear ching
for, he may seize it and dispose of it.
Powers to seize and detain: controlled drugs
7B (1) Where a designation applies this paragraph to any person ( “the
CSO”), the CSO shall, within the relevant police area, have thepowers set out in sub-paragraphs (2) and (3).
(2) If the CSO—
(a) finds a controlled drug in a person’s possession (whether
or not he finds it in the course of searching the person bySerious Organised Crime and Police Act 2005 (c. 15)
Schedule 8 — Powers of designated and accredited persons
Part 1 — Designated persons202
virtue of a designation under any paragraph of this
Schedule); and
(b) reasonably believes that it is unlawful for the person to be
in possession of it,
the CSO may seize it and retain it.
(3) If the CSO—
(a) finds a controlled drug in a person’s possession (as
mentioned in sub-paragraph (2)); or
(b) reasonably believes that a person is in possession of a
controlled drug,
and reasonably believes that it is unlawful for the person to b e in
possession of it, the CSO may require him to give the CSO hisname and address.
(4) If in exercise of the power conferred by sub-paragraph (2) t he CSO
seizes and retains a controlled drug, he must—
(a) if the person from whom it was seized maintains that he
was lawfully in possession of it, tell the person whereinquiries about its recovery may be made; and
(b) comply with a constable’s instructions about what to do
with it.
(5) A person who fails to comply with a requirement under sub-
paragraph (3) is guilty of an offence and shall be liable, onsummary conviction, to a fine not exceeding level 3 on thestandard scale.
(6) In this paragraph, “controlled drug” has the same meaning as  in
the Misuse of Drugs Act 1971.
7C (1) Sub-paragraph (2) applies where a designation applies this
paragraph to any person (“the CSO”).
(2) If the CSO imposes a requirement on a person under paragraph
7B(3)—
(a) sub-paragraph (3) of paragraph 2 applies in the case of
such a requirement as it applies in the case of arequirement under paragraph 1A(3); and
(b) sub-paragraphs (4) to (5) of paragraph 2 also apply
accordingly.”
9 After paragraph 8 insert—
“Entry to investigate licensing offences
8A (1) Where a designation applies this paragraph to any person, that
person shall have the powers of a constable under section 180 o f
the Licensing Act 2003 to enter and search premises other thanclubs in the relevant police area, but only in respect of a rel evant
licensing offence (as defined for the purposes of paragraph 2).
(2) Except as mentioned in sub-paragraph (3), a person to whom t his
paragraph applies shall not, in exercise of the power conferred  by
sub-paragraph (1), enter any premises except in the company, an d
under the supervision, of a constable.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 8 — Powers of designated and accredited persons
Part 1 — Designated persons203
(3) The prohibition in sub-paragraph (2) does not apply in relat ion to
premises in respect of which the person to whom this paragraphapplies reasonably believes that a premises licence under Part 3 of
the Licensing Act 2003 authorises the sale of alcohol forconsumption off the premises.”
10 After paragraph 11A insert—
“Power to control traffic for purposes other than escorting a l oad of exceptional 
dimensions
11B (1) Where a designation applies this paragraph to any person,  that
person shall have, in the relevant police area—
(a) the power of a constable engaged in the regulation of
traffic in a road to direct a person driving or propelling avehicle to stop the vehicle or to make it proceed in, or keepto, a particular line of traffic;
(b) the power of a constable in uniform engaged in the
regulation of vehicular traffic in a road to direct a personon foot to stop proceeding along or across the carriageway.
(2) The purposes for which those powers may be exercised do not
include the purpose mentioned in paragraph 12(1).
(3) Where a designation applies this paragraph to any person, th at
person shall also have, in the relevant police area, the power of a
constable, for the purposes of a traffic survey, to direct a pe rson
driving or propelling a vehicle to stop the vehicle, to make itproceed in, or keep to, a particular line of traffic, or to pro ceed to
a particular point on or near the road.
(4) Sections 35 and 37 of the Road Traffic Act 1988 (offences of  failing
to comply with directions of constable engaged in regulation oftraffic in a road) shall have effect in relation to the exercis e of the
powers mentioned in sub-paragraphs (1) and (3), for the purpose s
for which they may be exercised and by a person whosedesignation applies this paragraph to him, as if the references  to a
constable were references to him.
(5) A designation may not apply this paragraph to any person unl ess
a designation also applies paragraph 3A to him.”
11 After paragraph 13 insert—
“Power to place traffic signs
13A (1) Where a designation applies this paragraph to any person,  that
person shall have, in the relevant police area, the powers of aconstable under section 67 of the Road Traffic Regulation Act 1 984
to place and maintain traffic signs.
(2) Section 36 of the Road Traffic Act 1988 (drivers to comply w ith
traffic directions) shall apply to signs placed in the exercise  of the
powers conferred by virtue of sub-paragraph (1).”Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 8 — Powers of designated and accredited persons
Part 1 — Designated persons204
12 After paragraph 15 insert—
“Photographing of persons arrested, detained or given fixed pen alty notices
15ZA Where a designation applies this paragraph to any person, t hat
person shall, within the relevant police area, have the power o f a
constable under section 64A(1A) of the 1984 Act (photographingof suspects etc.) to take a photograph of a person elsewhere th an
at a police station.”
Investigating officers
13 In paragraph 16 (search warrants)—
(a) in paragraph (a), for “in the relevant police area” substitu te “whether
in the relevant police area or not”,
(b) in paragraph (e), for “in respect of premises in the relevan t police
area” substitute “, but in respect of premises in the relevant police
area only,”.
14 After paragraph 16 insert—
“16A Where a designation applies this paragraph to any person—
(a) the persons to whom a warrant may be addressed under
section 26 of the Theft Act 1968 (search for stolen goods)s h a l l ,  i n  r e l a t i o n  t o  p e r s o n s  o r  p r e m i s e s  i n  t h e  r e l e v a n tpolice area, include that person; and
(b) in relation to such a warrant addressed to him, that person
shall have the powers under subsection (3) of that section.
16B Where a designation applies this paragraph to any person,
subsection (3), and (to the extent that it applies subsection ( 3))
subsection (3A), of section 23 of the Misuse of Drugs Act 1971(powers to search and obtain evidence) shall have effect as if,  in
relation to premises in the relevant police area, the reference  to a
constable included a reference to that person.”
15 In paragraph 17 (access to excluded and special procedure mat erial)—
(a) in paragraph (b)(ii), at the end add “(in the case of a spec ific premises
warrant) or any premises, whether in the relevant police area o r not
(in the case of an all premises warrant);”,
(b) in paragraph (bc), for “in respect of premises in the releva nt police
area” substitute “, but in respect of premises in the relevant police
area only,”.
Detention officers
16 After paragraph 33 insert—
“Taking of impressions of footwear
33A Where a designation applies this paragraph to any person—
(a) he shall, at any police station in the relevant police area,
have the powers of a constable under section 61A of the1984 Act (impressions of footwear) to take impressions ofa person’s footwear without the appropriate consent; andSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 8 — Powers of designated and accredited persons
Part 1 — Designated persons205
(b) the requirement by virtue of section 61A(5)(a) of the 1984
Act that a person must be informed by an officer that animpression of his footwear may be the subject of aspeculative search shall be capable of being discharged, inthe case of a person at such a station, by his being soinformed by the person to whom this paragraph applies.”
P
ART 2
ACCREDITED  PERSONS
17 Schedule 5 to the Police Reform Act 2002 (c. 30) (powers exerc isable by
accredited persons) is amended as follows.
18 In paragraph 2 (power to require giving of name and address),  in sub-
paragraph (3), after paragraph (a) insert—
“(aa) an offence under section 3 or 4 of the Vagrancy Act 1824;
or”.
19 After paragraph 3 insert—
“Power to require name and address: road traffic offences
3A (1) An accredited person whose accreditation specifies that th is
paragraph applies to him shall, in the relevant police area, ha ve
the powers of a constable—
(a) under subsection (1) of section 165 of the Road Traffic Act
1988 to require a person mentioned in paragraph (c) of thatsubsection who he has reasonable cause to believe hascommitted, in the relevant police area, an offence undersubsection (1) or (2) of section 35 of that Act (including thatsection as extended by paragraphs 8B(4) and 9(2) of thisSchedule) to give his name and address; and
(b) under section 169 of that Act to require a person
committing an offence under section 37 of that Act(including that section as extended by paragraphs 8B(4)and 9(2) of this Schedule) to give his name and address.
(2) The reference in section 169 of the Road Traffic Act 1988 to  section
37 of that Act is to be taken to include a reference to that se ction as
extended by paragraphs 8B(4) and 9(2) of this Schedule.”
20 After paragraph 8A insert—
“Power to control traffic for purposes other than escorting a l oad of exceptional 
dimensions
8B (1) A person whose accreditation specifies that this paragraph  applies
to him shall have, in the relevant police area—
(a) the power of a constable engaged in the regulation of
traffic in a road to direct a person driving or propelling avehicle to stop the vehicle or to make it proceed in, or keepto, a particular line of traffic;
(b) the power of a constable in uniform engaged in the
regulation of vehicular traffic in a road to direct a personon foot to stop proceeding along or across the carriageway.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 8 — Powers of designated and accredited persons
Part 2 — Accredited persons206
(2) The purposes for which those powers may be exercised do not
include the purpose mentioned in paragraph 9(1).
(3) A person whose accreditation specifies that this paragraph a pplies
to him shall also have, in the relevant police area, the power of a
constable, for the purposes of a traffic survey, to direct a pe rson
driving or propelling a vehicle to stop the vehicle, to make itproceed in, or keep to, a particular line of traffic, or to pro ceed to
a particular point on or near the road.
(4) Sections 35 and 37 of the Road Traffic Act 1988 (offences of  failing
to comply with directions of constable engaged in regulation oftraffic in a road) shall have effect in relation to the exercis e of the
powers mentioned in sub-paragraphs (1) and (3), for the purpose s
for which they may be exercised and by a person whoseaccreditation specifies that this paragraph applies to him, as if the
references to a constable were references to him.
(5) A person’s accreditation may not specify that this paragraph
applies to him unless it also specifies that paragraph 3A appli es to
him.”
21 After paragraph 9 insert—
“Photographing of persons given fixed penalty notices
9ZA An accredited person whose accreditation specifies that this
paragraph applies to him shall, within the relevant police area ,
have the power of a constable under section 64A(1A) of the 1984Act (photographing of suspects etc.) to take a photograph,elsewhere than at a police station, of a person to whom theaccredited person has given a penalty notice (or as the case ma y be
a fixed penalty notice) in exercise of any power mentioned inparagraph 1(2).”
SCHEDULE 9
Section 122
ADDITIONAL  POWERS  AND  DUTIES  OF DESIGNATED  PERSONS
1 Schedule 4 to the Police Reform Act 2002 (c. 30) (powers exerci sable by
police civilians) is amended as follows.
Community Support Officers
2 In paragraph 2 (power to detain etc.), after sub-paragraph (4)  insert—
 “(4A) If a person has imposed a requirement under sub-paragraph  (3) or
(3B) on another person (“P”), and P does not make an electionunder sub-paragraph (4), the person imposing the requirementshall, if a constable arrives within the thirty-minute period, be
under a duty to remain with the constable and P until he hastransferred control of P to the constable.
(4B) If, following an election under sub-paragraph (4), the pers on
imposing the requirement under sub-paragraph (3) or (3B) (“theSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 9 — Additional powers and duties of designated persons207
CSO”) takes the person upon whom it is imposed (“P”) to a polic e
station, the CSO—
(a) shall be under a duty to remain at the police station until
he has transferred control of P to the custody officer there;
(b) until he has so transferred control of P, shall be treated f or
all purposes as having P in his lawful custody; and
(c) for so long as he is at the police station, or in its immedi ate
vicinity, in compliance with, or having complied with, hisduty under paragraph (a), shall be under a duty to preventP’s escape and to assist in keeping P under control.”
3 In paragraph 4 (power to use reasonable force to detain person )—
(a) in sub-paragraph (2)(b), after “relevant offences” insert “o r relevant
licensing offences”,
(b) in sub-paragraph (3), after “making off” insert “and to keep  h i m
under control”.
4 After paragraph 4 insert—
“4ZA Where a designation applies this paragraph to any person, t hat
person may, if he has imposed a requirement on any person towait with him under paragraph 2(3B) or by virtue of paragraph7A(8) or 7C(2)(a), use reasonable force to prevent that other p erson
from making off and to keep him under control while he iseither—
(a) subject to that requirement; or
(b) accompanying the designated person to a police station in
accordance with an election made under paragraph 2(4).
4ZB Where a designation applies this paragraph to any person, th at
p e r s o n ,  i f  h e  i s  c o m p l y i n g  w i t h  a n y  d u t y  u n d e r  s u b - p a r a g r a p h(4A) or (4B) of paragraph 2, may use reasonable force to preven t P
(as identified in those sub-paragraphs) from making off (orescaping) and to keep him under control.”
Investigating officers
5 In paragraph 22 (power to transfer persons into custody of inv estigating
officers), in sub-paragraph (2)—
(a) in paragraph (b), after “duty” insert “to keep that person u nder
control and”,
(b) in paragraph (c), at the end add “and under his control”.
6 After paragraph 22 insert—
“Powers in respect of detained persons
22A Where a designation applies this paragraph to any person, he  shall
be under a duty, when in the course of his employment he ispresent at a police station—
(a) to assist any officer or other designated person to keep any
person detained at the police station under control; and
(b) to prevent the escape of any such person,
and for those purposes shall be entitled to use reasonable forc e.”Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 9 — Additional powers and duties of designated persons208
Detention officers
7 After paragraph 33A (inserted by paragraph 16 of Schedule 8 to  this Act)
insert—
“Powers in respect of detained persons
33B Where a designation applies this paragraph to any person, he  shall
be under a duty, when in the course of his employment he ispresent at a police station—
(a) to keep under control any person detained at the police
station and for whom he is for the time being responsible;
(b) to assist any officer or other designated person to keep any
other person detained at the police station under control;and
(c) to prevent the escape of any such person as is mentioned
in paragraph (a) or (b),
and for those purposes shall be entitled to use reasonable forc e.
33C Where a designation applies this paragraph to any person, he  shall
be entitled to use reasonable force when—
(a) securing, or assisting an officer or another designated
person to secure, the detention of a person detained at apolice station in the relevant police area, or
(b) escorting within a police station in the relevant police are a,
or assisting an officer or another designated person toescort within such a police station, a person detainedthere.”
Escort officers
8 (1) Paragraph 34 (power to take an arrested person to a police station) is
amended as follows.
(2) In sub-paragraph (1)(c)—
(a) in paragraph (ii), after “duty” insert “to keep the person u nder
control and”,
(b) in paragraph (iii), at the end add “and under his control”.
(3) After sub-paragraph (1)(c) add—
“(d) a person who has taken another person to a police station
in exercise of the power conferred by virtue of paragraph(a)—
(i) shall be under a duty to remain at the police station
until he has transferred control of the other personto the custody officer at the police station;
(ii) until he has so transferred control of the other
person, shall be treated for all purposes as havingthat person in his lawful custody;
(iii) for so long as he is at the police station or in its
immediate vicinity in compliance with, or havingcomplied with, his duty under sub-paragraph (i),shall be under a duty to prevent the escape of theSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 9 — Additional powers and duties of designated persons209
other person and to assist in keeping him under
control; and
(iv) shall be entitled to use reasonable force for the
purpose of complying with his duty under sub-paragraph (iii).”
9 (1) Paragraph 35 (escort of persons in police detention) is ame nded as follows.
(2) In sub-paragraph (3)—
(a) in paragraph (b), after “duty” insert “to keep the person un der
control and”,
(b) in paragraph (c), at the end add “and under his control”.
(3) After sub-paragraph (3) insert—
 “(3A) A person who has escorted another person to a police stat ion or
other place in accordance with an authorisation under sub-paragraph (1) or (2) —
(a) shall be under a duty to remain at the police station or
other place until he has transferred control of the otherperson to a custody officer or other responsible personthere;
(b) until he has so transferred control of the other person, sha ll
be treated for all purposes as having that person in hislawful custody;
(c) for so long as he is at the police station or other place, o r in
its immediate vicinity, in compliance with, or havingcomplied with, his duty under paragraph (a), shall beunder a duty to prevent the escape of the other person andto assist in keeping him under control; and
(d) shall be entitled to use reasonable force for the purpose of
complying with his duty under paragraph (c).”
Staff custody officers
10 After paragraph 35A (inserted by section 120(5) of this Act) insert—
“Powers in respect of detained persons
35B Where a designation applies this paragraph to any person, he  shall
be under a duty, when in the course of his employment he ispresent at a police station—
(a) to keep under control any person detained at the police
station and for whom he is for the time being responsible;
(b) to assist any officer or other designated person to keep any
other person detained at the police station under control;and
(c) to prevent the escape of any such person as is mentioned
in paragraph (a) or (b),
and for those purposes shall be entitled to use reasonable forc e.”Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 10 — Parental compensation orders
Part 1 — England and Wales210
SCHEDULE 10 Section 144
PARENTAL  COMPENSATION  ORDERS
PART 1
ENGLAND  AND  WALES
1 The Crime and Disorder Act 1998 (c. 37) is amended as provided in
paragraphs 2 to 5.
2 After section 13 insert—
“13A Parental compensation orders
(1) A magistrates’ court may make an order under this section (a
“parental compensation order”) if on the application of a localauthority it is satisfied, on the civil standard of proof—
(a) that the condition mentioned in subsection (2) below is
fulfilled with respect to a child under the age of 10; and
(b) that it would be desirable to make the order in the interest s of
preventing a repetition of the behaviour in question.
(2) The condition is that the child has taken, or caused loss of  or damage
to, property in the course of—
(a) committing an act which, if he had been aged 10 or over,
would have constituted an offence; or
( b ) a c t i n g  i n  a  m a n n e r  t h a t  c a u s e d  o r  w a s  l i k e l y  t o  c a u s e
harassment, alarm or distress to one or more persons not ofthe same household as himself.
(3) A parental compensation order is an order which requires any
person specified in the order who is a parent or guardian of th e child
(other than a local authority) to pay compensation of an amountspecified in the order to any person or persons specified in th e order
who is, or are, affected by the taking of the property or its l oss or
damage.
(4) The amount of compensation specified may not exceed £5,000 i n all.
(5) The Secretary of State may by order amend subsection (4) abo ve so
as to substitute a different amount.
(6) For the purposes of collection and enforcement, a parental
compensation order is to be treated as if it were a sum adjudge d to
be paid on the conviction by the magistrates’ court which made the
order of the person or persons specified in the order as liable  to pay
the compensation.
(7) In this section and sections 13B and 13C below, “local autho rity” has
the same meaning as in the 1989 Act.
13B Parental compensation orders: the compensation
(1) When specifying the amount of compensation for the purposes of
section 13A(3) above, the magistrates’ court shall take into ac count—
(a) the value of the property taken or damaged, or whose loss
was caused, by the child;Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 10 — Parental compensation orders
Part 1 — England and Wales211
(b) any further loss which flowed from the taking of or damage
to the property, or from its loss;
(c) whether the child, or any parent or guardian of his, has
already paid any compensation for the property (and if so,how much);
(d) whether the child, or any parent or guardian of his, has
already made any reparation (and if so, what it consisted of);
(e) the means of those to be specified in the order as liable to  pay
the compensation, so far as the court can ascertain them;
(f) whether there was any lack of care on the part of the person
affected by the taking of the property or its loss or damagewhich made it easier for the child to take or damage theproperty or to cause its loss.
(2) If property taken is recovered before compensation is ordere d to be
paid in respect of it—
(a) the court shall not order any such compensation to be
payable in respect of it if it is not damaged;
(b) if it is damaged, the damage shall be treated for the purpos es
of making a parental compensation order as having beencaused by the child, regardless of how it was caused and whocaused it.
(3) The court shall specify in the order how and by when the
c o m p e n s a t i o n  i s  t o  b e  p a i d  ( f o r  e x a m p l e ,  i t  m a y  s p e c i f y  t h a t  t h e
compensation is to be paid by instalments, and specify the date  by
which each instalment must be paid).
(4) For the purpose of ascertaining the means of the parent or g uardian,
the court may, before specifying the amount of compensation, or der
him to provide the court, within such period as it may specify in the
order, such a statement of his financial circumstances as the c ourt
may require.
(5) A person who without reasonable excuse fails to comply with an
order under subsection (4) above is guilty of an offence and is  liable
on summary conviction to a fine not exceeding level 3 on thestandard scale.
(6) If, in providing a statement of his financial circumstances pursuant
to an order under subsection (4) above, a person—
(a) makes a statement which he knows to be false in a material
particular;
(b) recklessly provides a statement which is false in a material
particular; or
(c) knowingly fails to disclose any material fact,
he is liable on summary conviction to a fine not exceeding leve l 4 on
the standard scale.
(7) Proceedings in respect of an offence under subsection (6) ab ove may,
despite anything in section 127(1) of the 1980 Act (limitation of time),
be commenced at any time within two years from the date of thecommission of the offence or within six months of its first dis covery
by the local authority, whichever period expires earlier.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 10 — Parental compensation orders
Part 1 — England and Wales212
13C Parental compensation orders: supplemental
(1) Before deciding whether or not to make a parental compensati on
order in favour of any person, the magistrates’ court shall tak e into
account the views of that person about whether a parentalcompensation order should be made in his favour.
(2) Before making a parental compensation order, the magistrates ’ court
shall obtain and consider information about the child’s familycircumstances and the likely effect of the order on thosecircumstances.
(3) Before making a parental compensation order, a magistrates’ court
shall explain to the parent or guardian of the child in ordinar y
language—
(a) the effect of the order and of the requirements proposed to be
included in it;
(b) the consequences which may follow (under subsection (4)(b)
b e l o w )  a s  a  r e s u l t  o f  f a i l u r e  t o  c o m p l y  w i t h  a n y  o f  t h o s erequirements;
(c) that the court has power (under subsection (4)(a) below) to
review the order on the application either of the parent orguardian or of the local authority.
(4) A magistrates’ court which has made a parental compensation order
may make an order under subsection (5) below if while the order  is
in force—
(a) it appears to the court, on the application of the local
authority, or the parent or guardian subject to the order, thatit is appropriate to make an order under subsection (5); or
(b) it is proved to the satisfaction of the court, on the applic ation
of the local authority, that the parent or guardian subject to it
has failed to comply with any requirement included in theorder.
(5) An order under this subsection is an order discharging the p arental
compensation order or varying it—
(a) by cancelling any provision included in it; or
(b) by inserting in it (either in addition to or in substitution  for
any of its provisions) any provision that could have beenincluded in the order if the court had then had power to makeit and were exercising the power.
(6) Where an application under subsection (4) above for the disc harge of
a parental compensation order is dismissed, no further applicat ion
for its discharge shall be made under that subsection by any pe rson
except with the consent of the court which made the order.
(7) References in this section to the magistrates’ court which m ade a
parental compensation order include any magistrates’ court acti ng
in the same local justice area as that court.
13D Parental compensation orders: appeal
(1) If a magistrates’ court makes a parental compensation order,  the
parent or guardian may appeal against the making of the order, or
against the amount of compensation specified in the order.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 10 — Parental compensation orders
Part 1 — England and Wales213
(2) The appeal lies to the Crown Court.
(3) On the appeal the Crown Court—
(a) may make such orders as may be necessary to give effect to
its determination of the appeal;
(b) may also make such incidental or consequential orders as
appear to it to be just.
(4) Any order of the Crown Court made on an appeal under this se ction
(other than one directing that an application be re-heard by amagistrates’ court) shall, for the purposes of section 13C abov e, be
treated as if it were an order of the magistrates’ court from w hich the
appeal was brought and not an order of the Crown Court.
(5) A person in whose favour a parental compensation order is ma de
shall not be entitled to receive any compensation under it unti l
(disregarding any power of a court to grant leave to appeal out  of
time) there is no further possibility of an appeal on which the  order
could be varied or set aside.
13E Effect of parental compensation order on subsequent award of  
damages in civil proceedings
(1) This section has effect where—
(a) a parental compensation order has been made in favour of
any person in respect of any taking or loss of property ordamage to it; and
(b) a claim by him in civil proceedings for damages in respect o f
the taking, loss or damage is then to be determined.
(2) The damages in the civil proceedings shall be assessed witho ut
regard to the parental compensation order, but the claimant mayrecover only an amount equal to the aggregate of the following—
(a) any amount by which they exceed the compensation; and
(b) a sum equal to any portion of the compensation which he
fails to recover.
(3) The claimant may not enforce the judgment, so far as it rela tes to
such a sum as is mentioned in subsection (2)(b) above, without the
permission of the court.”
3 (1) Section 8 (parenting orders) is amended as follows.
(2) In subsection (1), after paragraph (a) insert—
“(aa) a parental compensation order is made in relation to a chi ld’s
behaviour;”.
(3) In subsection (6)(a)—
(a) after “paragraph (a)” insert “, (aa)”,
(b) after “child safety order,” insert “parental compensation or der,”.
4 In section 18 (interpretation of Chapter 1), in subsection (1) , after the
definition of “local child curfew scheme” insert—
““parental compensation order” has the meaning given by
section 13A(1) above;”.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 10 — Parental compensation orders
Part 1 — England and Wales214
5 In section 114 (orders and regulations), in subsection (3), af ter “section”
insert “13A(5),”.
6 The amendments made by paragraph 2 of this Schedule do not app ly in
relation to any conduct which occurred before the coming into f orce of that
paragraph.
PART 2
NORTHERN  IRELAND
7 The Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/
1504 (N.I. 9)) is amended as provided in paragraphs 8 and 9.
8 After Article 36 insert—
“36ZA Parental compensation orders
(1) A magistrates’ court may make an order under this Article (a
“parental compensation order”) if on the application of a perso n of a
description specified for the purpose in an order made by theSecretary of State (referred to in this Article and in Articles  36ZB and
36ZC as the “applicant”) the court is satisfied, on the civil s tandard
of proof—
(a) that the condition mentioned in paragraph (2) is fulfilled w ith
respect to a child under the age of 10; and
(b) that it would be desirable to make the order in the interest s of
preventing a repetition of the behaviour in question.
(2) The condition is that the child has taken, or caused loss of  or damage
to, property in the course of—
(a) committing an act which, if he had been aged 10 or over,
would have constituted an offence; or
( b ) a c t i n g  i n  a  m a n n e r  t h a t  c a u s e d  o r  w a s  l i k e l y  t o  c a u s e
harassment, alarm or distress to one or more persons not ofthe same household as himself.
(3) A parental compensation order is an order which requires any
person specified in the order who is a parent or guardian of th e child
to pay compensation of an amount specified in the order to anyperson or persons specified in the order who is, or are, affect ed by the
taking of the property or its loss or damage.
(4) The amount of compensation specified may not exceed £5,000 i n all.
(5) The Secretary of State may by order amend paragraph (4) so a s to
substitute a different amount.
(6) For the purposes of collection and enforcement, a parental
compensation order is to be treated as if it were a sum adjudge d to
be paid on the conviction by the magistrates’ court which made the
order of the person or persons specified in the order as liable  to pay
the compensation.
(7) An order under paragraph (1) or (5) is subject to annulment in
pursuance of a resolution of either House of Parliament in the same
manner as a statutory instrument; and, accordingly, section 5 o f the
Statutory Instruments Act 1946 (c. 36) applies to such an order.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 10 — Parental compensation orders
Part 2 — Northern Ireland215
36ZB Parental compensation orders: the compensation
(1) When specifying the amount of compensation for the purposes of
Article 36ZA(3), the magistrates’ court shall take into account —
(a) the value of the property taken or damaged, or whose loss
was caused, by the child;
(b) any further loss which flowed from the taking of or damage
to the property, or from its loss;
(c) whether the child, or any parent or guardian of his, has
already paid any compensation for the property (and if so,how much);
(d) whether the child, or any parent or guardian of his, has
already made any reparation (and if so, what it consisted of);
(e) the means of those to be specified in the order as liable to  pay
the compensation, so far as the court can ascertain them;
(f) whether there was any lack of care on the part of the person
affected by the taking of the property or its loss or damagewhich made it easier for the child to take or damage theproperty or to cause its loss.
(2) If property taken is recovered before compensation is ordere d to be
paid in respect of it—
(a) the court shall not order any such compensation to be
payable in respect of it if it is not damaged;
(b) if it is damaged, the damage shall be treated for the purpos es
of making a parental compensation order as having beencaused by the child, regardless of how it was caused and whocaused it.
(3) The court shall specify in the order how and by when the
c o m p e n s a t i o n  i s  t o  b e  p a i d  ( f o r  e x a m p l e ,  i t  m a y  s p e c i f y  t h a t  t h e
compensation is to be paid by instalments, and specify the date  by
which each instalment must be paid).
(4) For the purpose of ascertaining the means of the parent or g uardian,
the court may, before specifying the amount of compensation, or der
him to provide the court, within such period as it may specify in the
order, such a statement of his financial circumstances as the c ourt
may require.
(5) A person who without reasonable excuse fails to comply with an
order under paragraph (4) is guilty of an offence and is liable  o n
summary conviction to a fine not exceeding level 3 on the stand ard
scale.
(6) If, in providing a statement of his financial circumstances pursuant
to an order under paragraph (4), a person—
(a) makes a statement which he knows to be false in a material
particular;
(b) recklessly provides a statement which is false in a material
particular; or
(c) knowingly fails to disclose any material fact,
he is liable on summary conviction to a fine not exceeding leve l 4 on
the standard scale.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 10 — Parental compensation orders
Part 2 — Northern Ireland216
(7) Proceedings in respect of an offence under paragraph (6) may ,
despite anything in Article 19 of the Magistrates’ Courts (Nort hern
Ireland) Order 1981 (limitation of time), be commenced at any t ime
within two years from the date of the commission of the offence  or
within six months of its first discovery by the applicant, whic hever
period expires earlier.
(8) Paragraphs (1)(e) and (4) to (7) do not apply in the case of  an order
specifying an authority as liable to pay the compensation.
36ZC Parental compensation orders: supplemental
(1) Before deciding whether or not to make a parental compensati on
order in favour of any person, the magistrates’ court shall tak e into
account the views of that person about whether a parentalcompensation order should be made in his favour.
(2) Before making a parental compensation order, the magistrates ’ court
shall obtain and consider information about the child’s familycircumstances and the likely effect of the order on thosecircumstances.
(3) Before making a parental compensation order, a magistrates’ court
shall explain to the parent or guardian of the child in ordinar y
language—
(a) the effect of the order and of the requirements proposed to be
included in it;
(b) the consequences which may follow (under paragraph (4)(b))
as a result of failure to comply with any of thoserequirements;
(c) that the court has power (under paragraph (4)(a)) to review
the order on the application either of the parent or guardianor of the applicant.
(4) A magistrates’ court which has made a parental compensation order
may make an order under paragraph (5) if while the order is inforce—
(a) it appears to the court, on the application of the applicant , or
the parent or guardian subject to the order, that it isappropriate to make an order under paragraph (5); or
(b) it is proved to the satisfaction of the court, on the applic ation
of the applicant, that the parent or guardian subject to it hasfailed to comply with any requirement included in the order.
(5) An order under this paragraph is an order discharging the pa rental
compensation order or varying it—
(a) by cancelling any provision included in it; or
(b) by inserting in it (either in addition to or in substitution  for
any of its provisions) any provision that could have beenincluded in the order if the court had then had power to makeit and were exercising the power.
(6) Where an application under paragraph (4) for the discharge o f a
parental compensation order is dismissed, no further applicatio n for
its discharge shall be made under that paragraph by any person
except with the consent of the court which made the order.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 10 — Parental compensation orders
Part 2 — Northern Ireland217
(7) References in this Article to the magistrates’ court which m ade a
parental compensation order include any magistrates’ court acti ng
for the same county court division as that court.
36ZD Parental compensation orders: appeal
(1) If a magistrates’ court makes a parental compensation order,  the
parent or guardian may appeal against the making of the order, or
against the amount of compensation specified in the order.
(2) The appeal lies to the county court.
(3) On the appeal the county court—
(a) may make such orders as may be necessary to give effect to
its determination of the appeal;
(b) may also make such incidental or consequential orders as
appear to it to be just.
(4) Any order of the county court made on an appeal under this A rticle
(other than one directing that an application be re-heard by amagistrates’ court) shall, for the purposes of Article 36ZC, be  treated
as if it were an order of the magistrates’ court from which the  appeal
was brought and not an order of the county court.
(5) A person in whose favour a parental compensation order is ma de
shall not be entitled to receive any compensation under it unti l
(disregarding any power of a court to grant leave to appeal out  of
time) there is no further possibility of an appeal on which the  order
could be varied or set aside.
36ZE Effect of parental compensation order on subsequent award o f 
damages in civil proceedings
(1) This Article has effect where—
(a) a parental compensation order has been made in favour of
any person in respect of any taking or loss of property ordamage to it; and
(b) a claim by him in civil proceedings for damages in respect o f
the taking, loss or damage is then to be determined.
(2) The damages in the civil proceedings shall be assessed witho ut
regard to the parental compensation order, but the claimant mayrecover only an amount equal to the aggregate of the following—
(a) any amount by which they exceed the compensation; and
(b) a sum equal to any portion of the compensation which he
fails to recover.
(3) The claimant may not enforce the judgment, so far as it rela tes to
such a sum as is mentioned in paragraph (2)(b), without the lea ve of
the court.”
9 In Article 2 (interpretation), in paragraph (2), in the approp riate place
insert—
““parental compensation order” has the meaning given by
Article 36ZA(1);”.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 10 — Parental compensation orders
Part 2 — Northern Ireland218
10 The amendments made by paragraph 8 of this Schedule do not ap ply in
relation to any conduct which occurred before the coming into f orce of that
paragraph.
SCHEDULE 11 Section 159
INVESTIGATIONS  INTO  CONDUCT  OF POLICE  OFFICERS : ACCELERATED  PROCEDURE  IN 
SPECIAL  CASES
1 Schedule 3 to the Police Reform Act 2002 (c. 30) is amended as follows.
2 In paragraph 20(1)—
(a) for “until” substitute “until—
(a) the appropriate authority has certified the case as a
special case under paragraph 20B(3) or 20E(3), or”;and
(b) the words from “a report” to the end become paragraph (b).
3 After paragraph 20 insert—
“Accelerated procedure in special cases
20A (1) If, at any time before the completion of his investigatio n, a person
appointed or designated to investigate a complaint or recordabl e
conduct matter believes that the appropriate authority would, o n
consideration of the matter, be likely to consider that the spe cial
conditions are satisfied, he shall proceed in accordance with t he
following provisions of this paragraph.
(2) If the person was appointed under paragraph 16, he shall sub mit
to the appropriate authority—
(a) a statement of his belief and the grounds for it; and
(b) a written report on his investigation to that point;
and if he was appointed following a determination made by the
Commission under paragraph 15 he shall send a copy of thestatement and the report to the Commission.
(3) If the person was appointed under paragraph 17 or 18 or
designated under paragraph 19, he shall submit to the appropria te
authority—
(a) a statement of his belief and the grounds for it; and
(b) a written report on his investigation to that point;
and shall send a copy of the statement and the report to the
Commission.
(4) A person submitting a report under this paragraph shall not be
prevented by any obligation of secrecy imposed by any rule of l aw
or otherwise from including all such matters in his report as h e
thinks fit.
(5) A statement and report may be submitted under this paragraph
whether or not a previous statement and report have beensubmitted; but a second or subsequent statement and report maybe submitted only if the person submitting them has grounds toSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 11 — Investigations into conduct of police officers: a ccelerated procedure in special cases219
believe that the appropriate authority will reach a different
determination under paragraph 20B(2) or 20E(2).
(6) After submitting a report under this paragraph, the person
appointed or designated to investigate the complaint orrecordable conduct matter shall continue his investigation to s uch
extent as he considers appropriate.
(7) The special conditions are that—
(a) the person whose conduct is the subject matter of the
investigation may have committed an imprisonableoffence and that person’s conduct is of a serious nature;
(b) there is sufficient evidence, in the form of written
statements or other documents, to establish on the balanceof probabilities that conduct justifying dismissal tookplace; and
(c) it is in the public interest for the person whose conduct is
the subject matter of the investigation to cease to be amember of a police force, or to be a special constable,without delay.
(8) In sub-paragraph (7)—
(a) in paragraph (a), “imprisonable offence” means an offence
w h i c h  i s  p u n i s h a b l e  w i t h  i m p r i s o n m e n t  i n  t h e  c a s e  o f  aperson aged 21 or over; and
(b) in paragraph (b), “conduct justifying dismissal” means
conduct which is so serious that disciplinary proceedingsbrought in respect of it would be likely to result in adismissal.
(9) In paragraphs 20B to 20H “special report” means a report
submitted under this paragraph.
Investigations managed or carried out by Commission: action by appropriate authority
20B (1) This paragraph applies where —
(a) a statement and special report on an investigation carried
out under the management of the Commission, or
(b) a statement and special report on an investigation carried
out by a person designated by the Commission,
are submitted to the appropriate authority under paragraph
20A(3).
(2) The appropriate authority shall determine whether the specia l
conditions are satisfied.
(3) If the appropriate authority determines that the special con ditions
are satisfied then, unless it considers that the circumstances are
such as to make it inappropriate to do so, it shall—
(a) certify the case as a special case for the purposes of
Regulation 11 of the Police (Conduct) Regulations 2004(S.I. 2004/645); and
(b) subject to any request made under paragraph 20G(1), take
such steps as are required by that Regulation in relation to
a case so certified.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 11 — Investigations into conduct of police officers: a ccelerated procedure in special cases220
(4) The reference in sub-paragraph (3) to Regulation 11 includes  a
reference to any corresponding provision replacing thatRegulation.
(5) If the appropriate authority determines that the special con ditions
are satisfied then it shall notify the Director of Public Prose cutions
of its determination and send him a copy of the special report.
(6) The appropriate authority shall notify the Commission of a
certification under sub-paragraph (3).
(7) If the appropriate authority determines—
(a) that the special conditions are not satisfied, or 
(b) that, although those conditions are satisfied, the
circumstances are such as to make it inappropriate atpresent to bring disciplinary proceedings,
it shall submit to the Commission a memorandum under this sub-
paragraph.
(8) The memorandum required to be submitted under sub-paragraph
(7) is one which—
(a) notifies the Commission of its determination that those
conditions are not satisfied or (as the case may be) that theyare so satisfied but the circumstances are such as to makeit inappropriate at present to bring disciplinaryproceedings; and
(b) (in either case) sets out its reasons for so determining.
(9) In this paragraph “special conditions” has the meaning given  by
paragraph 20A(7).
Investigations managed or carried out by Commission: action by Commission
20C (1) On receipt of a notification under paragraph 20B(6), the
Commission shall give a notification—
(a) in the case of a complaint, to the complainant and to every
person entitled to be kept properly informed in relation tothe complaint under section 21; and
(b) in the case of a recordable conduct matter, to every person
entitled to be kept properly informed in relation to thatmatter under that section.
(2) The notification required by sub-paragraph (1) is one settin g out—
(a) the findings of the special report;
(b) the appropriate authority’s determination under
paragraph 20B(2); and
(c) the action that the appropriate authority is required to tak e
as a consequence of that determination.
(3) Subsections (5) to (7) of section 20 shall have effect in re lation to
the duties imposed on the Commission by sub-paragraph (1) asthey have effect in relation to the duties imposed on theCommission by that section.
(4) Except so far as may be otherwise provided by regulations ma de
by virtue of sub-paragraph (3), the Commission shall be entitle dSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 11 — Investigations into conduct of police officers: a ccelerated procedure in special cases221
(notwithstanding any obligation of secrecy imposed by any rule of
law or otherwise) to discharge the duty to give a personmentioned in sub-paragraph (1) notification of the findings of the
special report by sending that person a copy of that report.
20D(1) On receipt of a memorandum under paragraph 20B(7), the
Commission shall—
(a) consider the memorandum;
(b) determine, in the light of that consideration, whether or
not to make a recommendation under paragraph 20H; and
(c) if it thinks fit to do so, make a recommendation under that
paragraph.
(2) If the Commission determines not to make a recommendation
under paragraph 20H, it shall notify the appropriate authority and
the person appointed under paragraph 18 or designated underparagraph 19 of its determination.
Other investigations: action by appropriate authority
20E (1) This paragraph applies where—
(a) a statement and a special report on an investigation carried
out by an appropriate authority on its own behalf, or
(b) a statement and a special report on an investigation carried
out under the supervision of the Commission,
are submitted to the appropriate authority under paragraph
20A(2) or (3).
(2) The appropriate authority shall determine whether the specia l
conditions are satisfied.
(3) If the appropriate authority determines that the special con ditions
are satisfied then, unless it considers that the circumstances are
such as to make it inappropriate to do so, it shall—
(a) certify the case as a special case for the purposes of
Regulation 11 of the Police (Conduct) Regulations 2004(S.I. 2004/645); and
(b) subject to any request made under paragraph 20G(1), take
such steps as are required by that Regulation in relation toa case so certified.
(4) The reference in sub-paragraph (3) to Regulation 11 includes  a
reference to any corresponding provision replacing thatRegulation.
(5) If the appropriate authority determines that the special con ditions
are satisfied then it shall notify the Director of Public Prose cutions
of its determination and send him a copy of the special report.
(6) Where the statement and report were required under paragraph
20A(2) to be copied to the Commission, the appropriate authorit y
shall notify the Commission of a certification under sub-paragraph (3).
(7) If the appropriate authority determines—
(a) that the special conditions are not satisfied, or Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 11 — Investigations into conduct of police officers: a ccelerated procedure in special cases222
(b) that, although those conditions are satisfied, the
circumstances are such as to make it inappropriate atpresent to bring disciplinary proceedings,
it shall notify the person appointed under paragraph 16 or 17 o f its
determination.
(8) In this paragraph “special conditions” has the meaning given  by
paragraph 20A(7).
20F (1) If the appropriate authority certifies a case under parag raph
20E(3), it shall give a notification—
(a) in the case of a complaint, to the complainant and to every
person entitled to be kept properly informed in relation tothe complaint under section 21; and
(b) in the case of a recordable conduct matter, to every person
entitled to be kept properly informed in relation to thatmatter under that section.
(2) The notification required by sub-paragraph (1) is one settin g out—
(a) the findings of the report;
(b) the authority’s determination under paragraph 20E(2);
and
(c) the action that the authority is required to take in
consequence of that determination.
(3) Subsections (5) to (7) of section 20 shall have effect in re lation to
the duties imposed on the appropriate authority by sub-paragraph (1) as they have effect in relation to the duties imp osed
on the appropriate authority by that section.
(4) Except so far as may be otherwise provided by regulations ma de
by virtue of sub-paragraph (3), the appropriate authority shall  be
entitled (notwithstanding any obligation of secrecy imposed byany rule of law or otherwise) to discharge the duty to give a p erson
mentioned in sub-paragraph (1) notification of the findings of the
special report by sending that person a copy of that report.
Special cases: Director of Public Prosecutions
20G (1) On receiving a copy of a special report under paragraph 2 0B(5) or
20E(5), the Director of Public Prosecutions may request theappropriate authority not to bring disciplinary proceedingswithout his prior agreement, if the Director considers thatbringing such proceedings might prejudice any future criminalproceedings.
(2) The Director of Public Prosecutions—
(a) shall notify the appropriate authority of any decision of hi s
to take, or not to take, action in respect of the matters dealtwith in a special report copied to him under paragraph20B(5) or 20E(5); and
(b) where the special report was copied to him under
paragraph 20B(5), shall send a copy of that notification tothe Commission.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 11 — Investigations into conduct of police officers: a ccelerated procedure in special cases223
(3) It shall be the duty of the Commission to notify the persons
mentioned in sub-paragraph (5) if criminal proceedings arebrought against any person by the Director of Public Prosecutio ns
in respect of any matters dealt with in a special report copied  to
him under paragraph 20B(5).
(4) It shall be the duty of the appropriate authority to notify the
persons mentioned in sub-paragraph (5) if criminal proceedingsare brought against any person by the Director of PublicProsecutions in respect of any matters dealt with in a specialreport copied to him under paragraph 20E(5).
(5) Those persons are—
(a) in the case of a complaint, the complainant and every
person entitled to be kept properly informed in relation tothe complaint under section 21; and
(b) in the case of a recordable conduct matter, every person
entitled to be kept properly informed in relation to thatmatter under that section.
Special cases: recommendation or direction of Commission
20H (1) Where the appropriate authority has submitted, or is requ ired to
submit, a memorandum to the Commission under paragraph20B(7), the Commission may make a recommendation to theappropriate authority that it should certify the case underparagraph 20B(3).
(2) If the Commission determines to make a recommendation under
this paragraph, it shall give a notification—
(a) in the case of a complaint, to the complainant and to every
person entitled to be kept properly informed in relation tothe complaint under section 21; and
(b) in the case of a recordable conduct matter, to every person
entitled to be kept properly informed in relation to thatmatter under that section.
(3) The notification required by sub-paragraph (2) is one settin g out—
(a) the findings of the special report; and
(b) the Commission’s recommendation under this paragraph.
(4) Subsections (5) to (7) of section 20 shall have effect in re lation to
the duties imposed on the Commission by sub-paragraph (2) asthey have effect in relation to the duties imposed on theCommission by that section.
(5) Except so far as may be otherwise provided by regulations ma de
by virtue of sub-paragraph (4), the Commission shall be entitle d
(notwithstanding any obligation of secrecy imposed by any rule of
law or otherwise) to discharge the duty to give a personmentioned in sub-paragraph (2) notification of the findings of the
special report by sending that person a copy of the report.
(6) It shall be the duty of the appropriate authority to notify the
Commission whether it accepts the recommendation and (if it
does) to certify the case and proceed accordingly.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 11 — Investigations into conduct of police officers: a ccelerated procedure in special cases224
(7) If, after the Commission has made a recommendation under thi s
paragraph, the appropriate authority does not certify the caseunder paragraph 20B(3)—
(a) the Commission may direct the appropriate authority so to
certify it; and
(b) it shall be the duty of the appropriate authority to comply
with the direction and proceed accordingly.
(8) Where the Commission gives the appropriate authority a direc tion
under this paragraph, it shall supply the appropriate authoritywith a statement of its reasons for doing so.
(9) The Commission may at any time withdraw a direction given
under this paragraph.
(10) The appropriate authority shall keep the Commission informe d of
whatever action it takes in response to a recommendation ordirection.
20I (1) Where—
(a) the Commission makes a recommendation under
paragraph 20H in the case of an investigation of acomplaint, and
(b) the appropriate authority notifies the Commission that the
recommendation has been accepted,
the Commission shall notify the complainant and every person
entitled to be kept properly informed in relation to the compla int
under section 21 of that fact and of the steps that have been, or are
to be, taken by the appropriate authority to give effect to it.
(2) Where in the case of an investigation of a complaint the
appropriate authority—
(a) notifies the Commission that it does not accept the
recommendation made by the Commission underparagraph 20H, or
(b) fails to certify the case under paragraph 20B(3) and to
proceed accordingly,
it shall be the duty of the Commission to determine what (if an y)
further steps to take under paragraph 20H.
(3) It shall be the duty of the Commission to notify the complai nant
and every person entitled to be kept properly informed in relat ion
to the complaint under section 21—
(a) of any determination under sub-paragraph (2) not to take
further steps under paragraph 20H; and
(b) where it determines under that sub-paragraph to take
further steps under that paragraph, of the outcome of thetaking of those steps.”
4 In paragraph 25, after sub-paragraph (2) insert—
 “(2A) In sub-paragraph (2)—
(a) references to the findings of an investigation do not
include a reference to findings on a report submitted underparagraph 20A; andSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 11 — Investigations into conduct of police officers: a ccelerated procedure in special cases225
(b) references to the report of an investigation do not include
a reference to a report submitted under that paragraph.”
SCHEDULE 12 Section 160
INVESTIGATIONS  OF DEATHS  AND  SERIOUS  INJURIES  DURING  OR AFTER  CONTACT  WITH  THE 
POLICE
1 The Police Reform Act 2002 (c. 30) has effect subject to the fo llowing
amendments.
2 (1) Section 10(2) (general functions of the Commission) is amen ded as follows.
(2) After paragraph (b) insert—
“(ba) the recording of matters from which it appears that a pers on
has died or suffered serious injury during, or following,contact with a person serving with the police;”.
(3) In paragraph (c), after “paragraph (b)” insert “or (ba)”.
3 In section 12 (matters to which Part 2 applies), after subsect ion (2) insert—
“(2A) In this Part “death or serious injury matter” (or “DSI mat ter” for
short) means any circumstances (other than those which are or h ave
been the subject of a complaint or which amount to a conductmatter)—
(a) in or in consequence of which a person has died or has
sustained serious injury; and
(b) in relation to which the requirements of either subsection ( 2B)
or subsection (2C) are satisfied.
(2B) The requirements of this subsection are that at the time of  the death
or serious injury the person—
(a) had been arrested by a person serving with the police and
had not been released from that arrest; or
(b) was otherwise detained in the custody of a person serving
with the police.
(2C) The requirements of this subsection are that—
(a) at or before the time of the death or serious injury the per son
had contact (of whatever kind, and whether direct orindirect) with a person serving with the police who wasacting in the execution of his duties; and
(b) there is an indication that the contact may have caused
(whether directly or indirectly) or contributed to the death orserious injury.
(2D) In subsection (2A) the reference to a person includes a per son serving
w i t h  t h e  p o l i c e ,  b u t  i n  r e l a t i o n  t o  s u c h  a  p e r s o n  “ c o n t a c t ”  i nsubsection (2C) does not include contact that he has whilst act ing in
the execution of his duties.”
4 In the following provisions, for “and conduct matters” substit ute “, conduct
matters and DSI matters”—
(a) the cross-heading preceding section 13;Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 12 — Investigations of deaths and serious injuries dur ing or after contact with the police226
(b) the heading for section 13 (handling of complaints and condu ct
matters); and
(c) that section itself.
5 (1) Section 16(2) (assistance for which payment is required) is  amended as
follows.
(2) In paragraph (a), for the words from “an investigation relat ing to” to the end
substitute—
“(i) an investigation relating to the conduct of a person
who, at the time of the conduct, was a member of theother force, or
(ii) an investigation of a DSI matter in relation to which
the relevant officer was, at the time of the death orserious injury, a member of the other force; and”.
(3) In paragraph (b), for the words from “an investigation” to t he end
substitute—
“(i) an investigation relating to the conduct of a person
who, at the time of the conduct, was not a member ofthat force, or
(ii) an investigation of a DSI matter in relation to which
the relevant officer was, at the time of the death orserious injury, not a member of that force.”
6 In section 18 (inspection of police premises on behalf of the Commission), in
subsection (2)(a), after “conduct matters” insert “or DSI matte rs”.
7 (1) Section 21 (duty to provide information) is amended as foll ows.
(2) In subsection (1), for “or recordable conduct matter” substi tute “, recordable
conduct matter or DSI matter”.
(3) In subsection (1)(a), after “subsection (2)” insert “or (2A) ”.
(4) In subsection (2), after “if” insert “(in the case of a comp laint or recordable
conduct matter)”.
(5) After subsection (2) insert—
“(2A) A person falls within this subsection if (in the case of a  DSI matter)—
(a) he is a relative of the person who has died;
(b) he is a relative of the person who has suffered serious inju ry
and that person is incapable of making a complaint;
(c) he himself is the person who has suffered serious injury.”
(6) In subsection (3)—
(a) after “subsection (2)” insert “or (2A)”; and
(b) for “or recordable conduct matter” (in both places) substitu te “,
recordable conduct matter or DSI matter”.
(7) In subsection (5), for “or conduct matter” substitute “, con duct matter or DSI
matter”.
(8) In subsections (6) and (7), for “or recordable conduct matte r” substitute “,
recordable conduct matter or DSI matter”.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 12 — Investigations of deaths and serious injuries dur ing or after contact with the police227
(9) After subsection (9)(b) insert—
“(ba) whether the Commission or the appropriate authority has
made a determination under paragraph 21A of Schedule 3;”.
(10) In subsection (9)(c), after “paragraph 22” insert “or 24A”.(11) In subsection (10), for “or recordable conduct matter” subs titute “,
recordable conduct matter or DSI matter”.
8 (1) Section 22 (power of Commission to issue guidance) is amend ed as follows.
(2) In subsection (2)(b)(ii), after “recordable conduct matters”  insert “or DSI
matters”.
(3) In subsection (5)—
(a) in paragraph (a), after “recordable conduct matters” insert “or DSI
matters”;
(b) in paragraphs (b) and (d)(ii), after “recordable conduct mat ter” insert
“or DSI matter”; and
(c) in paragraph (e)(i), for “or conduct matter” substitute “, c onduct
matter or DSI matter”.
9 (1) Section 23(2) (regulations) is amended as follows.
(2) In paragraph (b), after “recordable conduct matters” insert “and DSI
matters”.
(3) For paragraph (h) substitute—
“(h) for combining into a single investigation the investigation  of
any complaint, conduct matter or DSI matter with theinvestigation or investigations of any one or more, or anycombination, of the following—
(i) complaints (whether or not relating to the same
conduct),
(ii) conduct matters, or
(iii) DSI matters,
and for splitting a single investigation into two or more
separate investigations;”.
(4) In paragraph (j), for “or conduct matter” substitute “, cond uct matter or DSI
matter”.
(5) In paragraph (n)(ii), after “recordable conduct matters” ins ert “or DSI
matters”.
10 (1) Section 29 (interpretation) is amended as follows.
(2) In subsection (1)—
(a) for the definition of “the appropriate authority” substitute —
““the appropriate authority”—
(a) in relation to a person serving with the police
or in relation to any complaint, conductmatter or investigation relating to the conductof such a person, means—
(i) if that person is a senior officer, the
police authority for the area of theSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 12 — Investigations of deaths and serious injuries dur ing or after contact with the police228
police force of which he is a member;
and
(ii) if he is not a senior officer, the chief
officer under whose direction andcontrol he is; and
(b) in relation to a death or serious injury matter,
means—
(i) if the relevant officer is a senior officer,
the police authority for the area of thepolice force of which he is a member;and
(ii) if he is not a senior officer, the chief
officer under whose direction andcontrol he is;”; and
(b) after the definition of “conduct matter” insert—
““death or serious injury matter” and “DSI matter” have
the meaning given by section 12;”.
(3) After subsection (1) insert—
“(1A) In this Part “the relevant officer”, in relation to a DSI matter, means
the person serving with the police (within the meaning of secti on
12(7))—
(a) who arrested the person who has died or suffered serious
injury,
(b) in whose custody that person was at the time of the death or
serious injury, or
(c) with whom that person had the contact in question;
and where there is more than one such person it means, subject to
subsection (1B), the one who so dealt with him last before the death
or serious injury occurred.
(1B) Where it cannot be determined which of two or more persons
serving with the police dealt with a person last before a death  o r
serious injury occurred, the relevant officer is the most senio r of
them.”
11 Schedule 3 (handling of complaints and conduct matters) is am ended as set
out in the following paragraphs.
12 After paragraph 14 insert—
“P
ART 2A
HANDLING  OF DEATH  AND  SERIOUS  INJURY  (DSI) MATTERS
Duty to record DSI matters
14A (1) Where a DSI matter comes to the attention of the police a uthority
or chief officer who is the appropriate authority in relation t o that
matter, it shall be the duty of the appropriate authority to re cord
that matter.
(2) If it appears to the Commission—Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 12 — Investigations of deaths and serious injuries dur ing or after contact with the police229
(a) that any matter that has come to its attention is a DSI
matter, but
(b) that that matter has not been recorded by the appropriate
authority,
the Commission may direct the appropriate authority to record
that matter; and it shall be the duty of that authority to comp ly
with the direction.
Duty to preserve evidence relating to DSI matters
14B (1) Where—
(a) a DSI matter comes to the attention of a police authority,
and
(b) the relevant officer in relation to that matter is the chief
officer of the force maintained by that authority,
it shall be the duty of that authority to secure that all such steps as
are appropriate for the purposes of Part 2 of this Act are take n,
both initially and from time to time after that, for obtaining and
preserving evidence relating to that matter.
(2) Where—
(a) a chief officer becomes aware of a DSI matter, and
(b) the relevant officer in relation to that matter is a person
under his direction and control,
it shall be his duty to take all such steps as appear to him to  be
appropriate for the purposes of Part 2 of this Act for obtainin g and
preserving evidence relating to that matter.
( 3 )T h e  c h i e f  o f f i c e r ’ s  d u t y  u n d e r  s u b - p a r a g r a p h  ( 2 )  m u s t  b e
performed as soon as practicable after he becomes aware of thematter in question.
(4) After that, he shall be under a duty, until he is satisfied that it is no
longer necessary to do so, to continue to take the steps from t ime
to time appearing to him to be appropriate for the purposes of Part
2 of this Act for obtaining and preserving evidence relating to  the
matter.
(5) It shall be the duty of a police authority to comply with al l such
directions as may be given to it by the Commission in relation to
the performance of any duty imposed on it by virtue of sub-paragraph (1).
(6) It shall be the duty of the chief officer to take all such s pecific steps
for obtaining or preserving evidence relating to any DSI matter  as
he may be directed to take for the purposes of this paragraph b y
the police authority maintaining his force or by the Commission .
Reference of DSI matters to the Commission
14C (1) It shall be the duty of the appropriate authority to refe r a DSI
matter to the Commission.
(2) The appropriate authority must do so within such period as m ay
be provided for by regulations made by the Secretary of State.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 12 — Investigations of deaths and serious injuries dur ing or after contact with the police230
(3) A matter that has already been referred to the Commission un der
this paragraph on a previous occasion shall not be required to be
referred again under this paragraph unless the Commission sodirects.
Duties of Commission on references under paragraph 14C
14D(1) It shall be the duty of the Commission, in the case of ev ery DSI
matter referred to it by a police authority or a chief officer,  t o
determine whether or not it is necessary for the matter to beinvestigated.
(2) Where the Commission determines under this paragraph that it  is
not necessary for a DSI matter to be investigated, it may if it  thinks
fit refer the matter back to the appropriate authority to be de alt
with by that authority in such manner (if any) as that authorit y
may determine.”
13 In paragraph 15(1)(a) and (8) (power of the Commission to det ermine the
form of an investigation), for “or recordable conduct matter” s ubstitute “,
recordable conduct matter or DSI matter”.
14 (1) Paragraph 16 (investigations by the appropriate authority on its own behalf)
is amended as follows.
(2) In sub-paragraph (1), for “or recordable conduct matter” sub stitute “,
recordable conduct matter or DSI matter”.
(3) In sub-paragraph (2)(a), after “recordable conduct matter” i nsert “or under
paragraph 14D(2) in relation to any DSI matter”.
(4) In sub-paragraph (3), after “(4)” insert “or (5)”.
(5) In sub-paragraph (4), for “matter” substitute “conduct matte r”.
(6) After sub-paragraph (4) add—
 “(5) The person appointed under this paragraph to investigate a ny DSI
matter—
(a) in relation to which the relevant officer is a chief officer ,
must not be a person under that chief officer’s directionand control;
(b) in relation to which the relevant officer is the
Commissioner of Police of the Metropolis or the DeputyCommissioner of Police of the Metropolis, must be theperson nominated by the Secretary of State forappointment under this paragraph.”
15 (1) Paragraph 17 (investigations supervised by the Commission)  is amended as
follows.
(2) In sub-paragraph (1), for “or recordable conduct matter” sub stitute “,
recordable conduct matter or DSI matter”.
(3) In sub-paragraph (6), for “matter” substitute “conduct matte r”.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 12 — Investigations of deaths and serious injuries dur ing or after contact with the police231
(4) After sub-paragraph (6) insert—
 “(6A) The person appointed under this paragraph to investigate any DSI
matter—
(a) in relation to which the relevant officer is a chief officer ,
must not be a person under that chief officer’s directionand control;
(b) in relation to which the relevant officer is the
Commissioner of Police of the Metropolis or the DeputyCommissioner of Police of the Metropolis, must be theperson nominated by the Secretary of State forappointment under this paragraph.”
16 (1) Paragraph 18 (investigations managed by the Commission) is  amended as
follows.
(2) In sub-paragraph (1), for “or recordable conduct matter” sub stitute “,
recordable conduct matter or DSI matter”.
(3) In sub-paragraph (2), for “(6)” substitute “(6A)”.
17 (1) Paragraph 19 (investigations by the Commission itself) is amended as
follows.
(2) In sub-paragraph (1), for “or recordable conduct matter” sub stitute “,
recordable conduct matter or DSI matter”.
(3) After sub-paragraph (3) insert—
 “(3A) The person designated under sub-paragraph (2) to be the p erson
to take charge of an investigation of a DSI matter in relation to
which the relevant officer is the Commissioner of Police of theMetropolis or the Deputy Commissioner of Police of theMetropolis must be the person nominated by the Secretary of Sta te
to be so designated under that sub-paragraph.”
18 In paragraph 20(1) (restrictions on proceedings pending the c onclusion of an
investigation), after “22” insert “or 24A”.
19 In paragraph 21(4) (power of the Commission to discontinue an
investigation), for “or recordable conduct matter” substitute “ , recordable
conduct matter or DSI matter”.
20 After paragraph 21 insert—
“Procedure where conduct matter is revealed during investigatio n of DSI matter
21A (1) If during the course of an investigation of a DSI matter it appears
to a person appointed under paragraph 18 or designated underparagraph 19 that there is an indication that a person serving with
the police (“the person whose conduct is in question”) may have —
(a) committed a criminal offence, or
(b) behaved in a manner which would justify the bringing of
disciplinary proceedings,
he shall make a submission to that effect to the Commission.
(2) If, after considering a submission under sub-paragraph (1), the
Commission determines that there is such an indication, it shal l—Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 12 — Investigations of deaths and serious injuries dur ing or after contact with the police232
(a) notify the appropriate authority in relation to the DSI
matter and (if different) the appropriate authority inrelation to the person whose conduct is in question of itsdetermination; and
(b) send to it (or each of them) a copy of the submission under
sub-paragraph (1).
(3) If during the course of an investigation of a DSI matter it appears
to a person appointed under paragraph 16 or 17 that there is anindication that a person serving with the police (“the personwhose conduct is in question”) may have—
(a) committed a criminal offence, or
(b) behaved in a manner which would justify the bringing of
disciplinary proceedings,
he shall make a submission to that effect to the appropriate
authority in relation to the DSI matter.
(4) If, after considering a submission under sub-paragraph (3), the
appropriate authority determines that there is such an indicati on,
it shall—
(a) if it is not the appropriate authority in relation to the
person whose conduct is in question, notify that otherauthority of its determination and send to that authority acopy of the submission under sub-paragraph (3); and
(b) notify the Commission of its determination and send to it
a copy of the submission under sub-paragraph (3).
(5) Where the appropriate authority in relation to the person wh ose
conduct is in question—
(a) is notified of a determination by the Commission under
sub-paragraph (2),
(b) (in a case where it is also the appropriate authority in
relation to the DSI matter) makes a determination undersub-paragraph (4), or
(c) (in a case where it is not the appropriate authority in
relation to the DSI matter) is notified by that otherauthority of a determination by it under sub-paragraph (4),
 it shall record the matter under paragraph 11 as a conduct mat ter
(and the other provisions of this Schedule shall apply in relat ion to
that matter accordingly).”
21 For paragraph 22 (final reports on investigations) substitute —
“Final reports on investigations: complaints, conduct matters a nd certain DSI matters
22 (1) This paragraph applies on the completion of an investigati on of—
(a) a complaint,
(b) a conduct matter, or
(c) a DSI matter in respect of which the Commission or the
appropriate authority has made a determination underparagraph 21A(2) or (4).
(2) A person appointed under paragraph 16 shall submit a report on
his investigation to the appropriate authority.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 12 — Investigations of deaths and serious injuries dur ing or after contact with the police233
(3) A person appointed under paragraph 17 or 18 shall—
(a) submit a report on his investigation to the Commission;
and
(b) send a copy of that report to the appropriate authority.
(4) In relation to a DSI matter in respect of which a determinat ion has
been made under paragraph 21A(2) or (4), the references in sub-paragraphs (2) and (3) of this paragraph to the appropriateauthority are references to—
(a) the appropriate authority in relation to the DSI matter; and
(b) (where different) the appropriate authority in relation to
the person whose conduct is in question.
(5) A person designated under paragraph 19 as the person in char ge
of an investigation by the Commission itself shall submit a rep ort
on it to the Commission.
(6) A person submitting a report under this paragraph shall not be
prevented by any obligation of secrecy imposed by any rule of l aw
or otherwise from including all such matters in his report as h e
thinks fit.”
22 (1) In the heading preceding paragraph 23, after “investigatio n report” insert
“under paragraph 22”.
(2) In paragraph 23(1)—
(a) in paragraph (a), for “(2)” substitute “(3)”; and
(b) in paragraph (b), for “(3)” substitute “(5)”.
(3) After paragraph 23(12) insert—
 “(13) In relation to a DSI matter in respect of which a determi nation has
been made under paragraph 21A(2) or (4), the references in thisparagraph to the appropriate authority are references to theappropriate authority in relation to the person whose conduct i s in
question.”
23 (1) In the heading preceding paragraph 24, after “investigatio n report” insert
“under paragraph 22”.
(2) In paragraph 24(1)—
(a) in paragraph (a), for “22(1)” substitute “22(2)”; and
(b) in paragraph (b), for “22(2)” substitute “22(3)”.
(3) After paragraph 24(10) insert—
 “(11) In relation to a DSI matter in respect of which a determi nation has
been made under paragraph 21A(2) or (4), the references in thisparagraph to the appropriate authority are references to theappropriate authority in relation to the person whose conduct i s in
question.”
24 After paragraph 24 insert—
“Final reports on investigations: other DSI matters
24A (1) This paragraph applies on the completion of an investigat ion of a
DSI matter in respect of which neither the Commission nor theSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 12 — Investigations of deaths and serious injuries dur ing or after contact with the police234
appropriate authority has made a determination under paragraph
21A(2) or (4).
(2) A person appointed under paragraph 16, 17 or 18 or designate d
under paragraph 19 shall—
(a) submit a report on the investigation to the Commission;
and
(b) send a copy of that report to the appropriate authority.
(3) A person submitting a report under this paragraph shall not be
prevented by any obligation of secrecy imposed by any rule of l aw
or otherwise from including all such matters in his report as h e
thinks fit.
(4) On receipt of the report, the Commission shall determine whe ther
the report indicates that a person serving with the police mayhave—
(a) committed a criminal offence, or
(b) behaved in a manner which would justify the bringing of
disciplinary proceedings.
Action by the Commission in response to an investigation report  under paragraph 24A
24B (1) If the Commission determines under paragraph 24A(4) that the
report indicates that a person serving with the police may have —
(a) committed a criminal offence, or
(b) behaved in a manner which would justify the bringing of
disciplinary proceedings,
it shall notify the appropriate authority in relation to the pe rson
whose conduct is in question of its determination and, if it ap pears
that that authority has not already been sent a copy of the rep ort,
send a copy of the report to that authority.
(2) Where the appropriate authority in relation to the person wh ose
conduct is in question is notified of a determination by theCommission under sub-paragraph (1), it shall record the matterunder paragraph 11 as a conduct matter (and the other provision s
of this Schedule shall apply in relation to that matter accordi ngly).
24C (1) If the Commission determines under paragraph 24A(4) that there
is no indication in the report that a person serving with the p olice
may have—
(a) committed a criminal offence, or
(b) behaved in a manner which would justify the bringing of
disciplinary proceedings,
i t sha ll ma ke such recomme nda tions or give s uc h ad vic e under
section 10(1)(e) (if any) as it considers necessary or desirabl e.
(2) Sub-paragraph (1) does not affect any power of the Commissio n to
make recommendations or give advice under section 10(1)(e) inother cases (whether arising under this Schedule or otherwise). ”Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 13 — Abolition of Royal Parks Constabulary: supplement ary
Part 1 — Transfers to Metropolitan Police Authority235
SCHEDULE 13 Section 161
ABOLITION  OF ROYAL  PARKS  CONSTABULARY : SUPPLEMENTARY
PART 1
TRANSFERS  TO METROPOLITAN  POLICE  AUTHORITY
Interpretation
1 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
2 The Secretary of State may by regulations impose requirements in relation to
persons serving as park constables with the Royal Parks Constab ulary for
the purpose of establishing whether they are eligible—
(a) to be employed by the Authority, or
(b) to serve as a members of the police force for the metropolit an police
district.
3 (1) The Secretary of State may terminate the Crown employment o f any person
who fails to comply with or satisfy any requirement imposed in relation to
him by regulations made under paragraph 2.
(2) A person whose Crown employment is terminated under sub-para graph (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
4 (1) A transfer scheme may provide for any relevant person to be come an
employee of the Authority on the appointed day.
(2) The scheme may make provision—
(a) for the termination of the relevant person’s Crown employmen t on
the appointed day,
(b) as to the terms and conditions which are to have effect as t he terms
and conditions of the relevant person’s contract of employment with
the Authority,
(c) transferring to the Authority the rights, powers, duties and  liabilities
of the employer under or in connection with the relevant person ’s
Crown employment,
(d) for things done before the appointed day by or in relation t o the
employer in respect of the relevant person or his Crown employm ent
to be treated from that day as having been done by or in relati on to
the Authority,
(e) for the period during which the relevant person has been in Crown
employment to count as a period of employment with the Authorit y
(and for the operation of the transfer scheme not to be treated  a s
having interrupted the continuity of that employment), andSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 13 — Abolition of Royal Parks Constabulary: supplement ary
Part 1 — Transfers to Metropolitan Police Authority236
(f) for the termination of the Crown employment of a relevant pe rson
who would otherwise be transferred by the scheme but who hasinformed the Secretary of State that he does not wish to be sotransferred.
(3) The scheme may provide for a person who would be treated (wh ether by an
enactment or otherwise) as being dismissed by the operation of the scheme
not to be so treated.
5 (1) A transfer scheme may provide for the appointment as a memb er of the
police force for the metropolitan police district of any releva nt person who
becomes an employee of the Authority by virtue of the scheme.
(2) The appointment does not take effect until the person has be en attested as a
constable for the metropolitan police district in accordance wi th section 29
of the Police Act 1996 (c. 16).
(3) On being so attested his contract of employment with the Aut hority is
terminated by virtue of this sub-paragraph.
(4) He is not to be treated (whether for the purposes of any ena ctment or
otherwise) as being dismissed by virtue of the operation of sub -paragraph
(3).
Property, rights and liabilities, etc.
6 (1) The transfer scheme may provide for the transfer of propert y, rights and
liabilities of the Secretary of State to the Authority on the a ppointed day.
(2) The scheme may include provision for anything (including any  l e g a l
proceedings) which relates to anything transferred by virtue of  sub-
paragraph (1) to be continued from the appointed day by or in r elation to the
Authority.
Consultation
7 Before making a transfer scheme which contains any provision r elating to
persons serving as park constables with the Royal Parks Constab ulary the
Secretary of State must consult such bodies appearing to repres ent the
interests of those persons as he considers appropriate.
Termination of employment
8 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 rem oving any
entitlement to compensation which might otherwise arise in suchcircumstances).
P
ART 2
AMENDMENTS
Royal Parks (Trading) Act 2000 (c. 13)
9 In section 4 of the Royal Parks (Trading) Act 2000 (seizure of  property) afterSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 13 — Abolition of Royal Parks Constabulary: supplement ary
Part 2 — Amendments237
subsection (3) add—
“(4) In the application of this section to a specified park—
(a) the reference in subsection (1) to a park constable has effe ct as
a reference to a constable, and
(b) subsections (2) and (3) do not apply.
(5) In subsection (4) “specified park” has the same meaning as i n section
162 of the Serious Organised Crime and Police Act 2005.”
Regulation of Investigatory Powers Act 2000 (c. 23)
10 In Schedule 1 to the Regulation of Investigatory Powers Act 2 000 (relevant
authorities) omit paragraph 27D and the cross-heading before it .
Police Reform Act 2002 (c. 30)
11 The Police Reform Act 2002 has effect subject to the followin g amendments.
12 (1) Section 82 (police nationality requirements) is amended as  follows.
(2) In subsection (1)—
(a) at the end of paragraph (e) insert “or”, and
(b) omit paragraph (f).
(3) In subsection (3)(e) for “the Civil Nuclear Constabulary or the Royal Parks
Constabulary” substitute “or the Civil Nuclear Constabulary”.
(4) Omit subsection (5).
13 (1) Schedule 4 (powers exercisable by police civilians) is ame nded as follows.
(2) In paragraph 2(6) after paragraph (aa) insert—
“(ab) an offence committed in a specified park which by virtue
of section 2 of the Parks Regulation (Amendment) Act 1926is an offence against the Parks Regulation Act 1872; or”.
(3) After paragraph 7C insert—
“Park Trading offences
7D(1) This paragraph applies if—
(a) a designation applies it to any person (“the CSO”), and
(b) the CSO has under paragraph 2(3) required another person
(“P”) to wait with him for the arrival of a constable.
(2) If the CSO reasonably suspects that P has committed a park
trading offence, the CSO may take possession of anything of anon-perishable nature which—
(a) P has in his possession or under his control, and
( b ) t h e  C S O  r e a s o n a b l y  b e l i e v e s  t o  h a v e  b e e n  u s e d  i n  t h e
commission of the offence.
(3) The CSO may retain possession of the thing in question for a
period not exceeding 30 minutes unless P makes an election unde r
paragraph 2(4), in which case the CSO may retain possession ofSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 13 — Abolition of Royal Parks Constabulary: supplement ary
Part 2 — Amendments238
the thing in question until he is able to transfer control of i t to a
constable.
(4) In this paragraph “park trading offence” means an offence
committed in a specified park which is a park trading offence f or
the purposes of the Royal Parks (Trading) Act 2000.”
(4) In paragraph 36 after sub-paragraph (3) insert—
 “(3A) In this Schedule “specified park” has the same meaning as  i n
section 162 of the Serious Organised Crime and Police Act 2005. ”
SCHEDULE 14 Section 163
AMENDMENTS  OF PART 5 OF POLICE  ACT 1997
1 Part 5 of the Police Act 1997 (c. 50)  (certificates of crimin al records etc.) is
amended as follows.
2 In section 114(3) for “Section 113(3) to (5)” substitute “Sect ions 113A(3) to (6)
and 113C to 113F”.
3 In section 116—
(a) in the application to Scotland of subsection (2)(b) for “to which
subsection (3) or (4) of section 115 applies” substitute “of su ch
description as may be prescribed”;
(b) in subsection (3) for “Section 115(6) to (10)” substitute “S ections
113B(3) to (11) and 113C to 113F”.
4 In section 119—
(a) in subsection (1A) for “section 113(3A) or (3C) or (3EA) or (3EC)”
substitute “section 113C(3) or 113D(3)”;
(b) in subsection (2) for “115” substitute “113B”.
5 In section 119A(2) for the words from “under” to “adults)” sub stitute “in a
list mentioned in section 113C(3) or 113D(3)”.
6 In section 120—
(a) in subsection (3)(b) for “113 or 115” substitute “113A or 11 3B”;
(b) in subsection (5)(b) for “113 or 115” substitute “113A or 11 3B”;
(c) in subsection (7) for “113” substitute “113A”.
7 In section 120ZA(4)(b) for “113 or 115” substitute “113A or 11 3B”.
8 In section 120A (as inserted by section 134(1) of the Criminal  Justice and
Police Act 2001 (c. 16))—
(a) in subsection (3)(b) for “section 113(3A) or (3C) or (3EA) o r (3EC)”
substitute “section 113C(3) or 113D(3)”;
(b) in subsection (5) for “113” substitute “113A”.
9 In section 120A (as inserted by section 70 of the Criminal Jus tice (Scotland)
Act 2003 (asp 7))—
(a) in subsection (3)(a) for “113” substitute “113A”;
(b) in subsection (3)(b) for “113(3C)” substitute “113C(3) or 11 3D(3)”;Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 14 — Amendments of Part 5 of Police Act 1997239
(c) after subsection (6) (as inserted by section 165(2) of this Act) insert—
“(7) In the case of such a body the reference in subsection (5) to a
police authority must be construed as a reference to suchbody as is prescribed.”
10 In section 121 for “under section 114(2), 115(4) or (10), 116 (2), 122(1) or (2) or
125” substitute “in relation to the making of regulations or or ders”.
11 In section 122(3) and (4)(b) for “113 or 115” substitute “113 A or 113B”.
12 In section 124—
(a) in subsections (1), (2), (3), (4) and (6) for “113 or 115” s ubstitute “113A
or 113B”;
(b) in subsection (5) for “115(8)” substitute “113B(5)”;
(c) in subsection (6)(e) for “113” substitute “113A”.
13 In section 124B—
(a) in subsection (1) for “113” substitute “113A”;
(b) in subsection (3) for “113(5)” substitute “113A(6)”.
14 In section 125, at the end add—
“(6) If the power mentioned in subsection (1) is exercised by th e Scottish
Ministers, the reference in subsection (3) to each House of Par liament
must be construed as a reference to the Scottish Parliament.”
SCHEDULE 15
Section 171
PRIVATE  SECURITY  INDUSTRY  ACT 2001: S COTTISH  EXTENT
1 The Private Security Industry Act 2001 (c. 12)  is amended as follows.
2 In section 2 (directions etc. by the Secretary of State)—
(a) in subsection (2), the existing words “shall consult the Aut hority”
become paragraph (a) and after that paragraph add “and
(b) where any of those directions relates wholly or
mainly to the exercise of the Authority’s activities inor as regards Scotland, shall obtain the consent of theScottish Ministers.”; and
(b) in subsection (3), the existing words “the Secretary of Stat e with such
information about its activities as he may request” becomeparagraph (a) and after that paragraph add “and
(b) the Scottish Ministers with such information about its
activities in or as regards Scotland as they mayrequest.”
3 After section 2 insert—
“2A Authority to be treated as cross-border public authority etc . for certain 
purposes
   For the purposes of—Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 15 — Private Security Industry Act 2001: Scottish exte nt240
(a) section 5(5B) of the Parliamentary Commissioner Act 1967
(restriction on investigatory powers of ParliamentaryCommissioner for Administration);
(b) section 23(2)(b) of the Scotland Act 1998 (power of Scottish
Parliament to require persons outside Scotland to giveevidence or produce documents);
(c) section 70(6) of that Act of 1998 (accounts prepared by cros s-
border authorities);
(d) section 91(3)(d) of that Act of 1998 (provision for
investigation of certain complaints); and
(e) section 7(5) of the Scottish Public Services Ombudsman Act
2002 (restriction on investigatory powers of ombudsman),
the Authority is to be treated as a cross-border public authori ty
within the meaning of that Act of 1998.”
4 In section 3 (conduct prohibited without a licence), after sub section (3)
insert—
 “(3A) In the application of this Act to Scotland—
(a) the reference in subsection (3) to the Secretary of State mu st
be construed as a reference to the Scottish Ministers; but
(b) before making any order under subsection (3) the Scottish
Ministers are to consult the Secretary of State.”
5 In section 7 (licensing criteria), after subsection (5) insert —
“(5A) Before giving approval under subsection (5), the Secretary  of State
shall consult the Scottish Ministers.”
6 In section 11 (appeals in licensing matters)—
(a) in subsection (1), after “court” insert “(in Scotland, to th e sheriff)”;
(b) in subsection (4), the existing words from “a magistrates’” to “Crown
Court” become paragraph (a) and after that paragraph insert “or
(b) the sheriff makes a decision on an appeal under that
subsection, an appeal to the Sheriff Principal,”; and
(c) in subsection (6)(d), the existing words from “the appropria te” to the
end become sub-paragraph (i) and after that sub-paragraph add “ or
“(ii) the sheriff or the Sheriff Principal may direct
pending an appeal from a determinationmade on an appeal to the sheriff.”
7 In section 13 (licensing at local authority level), at the end  add—
“(8) This section does not apply to Scotland.”
8 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”.
9 In section 18 (appeals relating to approvals)—
(a) in subsection (1), after “court” insert “(in Scotland, to th e sheriff)”;
(b) in subsection (4), the existing words from “a magistrates’” to “Crown
Court” become paragraph (a) and after that paragraph insert “or
(b) the sheriff makes a decision on an appeal under that
subsection, an appeal to the Sheriff Principal,”; and
(c) in subsection (5)(d), the existing words from “the appropria te” to theSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 15 — Private Security Industry Act 2001: Scottish exte nt241
end become sub-paragraph (i) and after that sub-paragraph add “ or
(ii) the sheriff or the Sheriff Principal may direct
pending an appeal from a determinationmade on an appeal to the sheriff.”
10 In section 23 (criminal liability of directors etc.), the exi sting words become
subsection (1) and after that subsection add—
“(2) Where an offence under any provision of this Act is committ ed by a
Scottish partnership and is proved to have been committed with the
consent or connivance of, or to be attributable to any neglect on the
part of—
(a) a partner; or
(b) any person who was purporting to be a partner,
he (as well as the partnership) shall be guilty of that offence  a n d
liable to be proceeded against and punished accordingly.”
11 In section 24 (consultation with Security Industry Authority before making
orders or regulations etc.)—
(a) after subsection (1) insert—
“(1A) But in Scotland “prescribed” in paragraph 8(3)(d) of Sched ule
2 to this Act includes prescribed by regulations made by theScottish Ministers.”;
(b) in subsection (2), after “Secretary of State” insert “or the  Scottish
Ministers”;
(c) in subsection (3), after paragraph (b) insert “or
(c) an order or regulations made by the Scottish
Ministers,”;
(d) after subsection (3) insert—
“(3A) A statutory instrument containing an order or regulations
made by the Scottish Ministers, other than an order undersection 26(2), shall be subject to annulment in pursuance of aresolution of the Scottish Parliament.”;
(e) in subsection (4), after “consult” insert “the Scottish Mini sters (except
where the order is made by virtue of section 3(2)(j)) and”; and
(f) in subsection (5)(b), at the end add “(or where the order is , or
regulations are, made by the Scottish Ministers, as the Scottis h
Ministers think fit)”.
12 In section 26 (short title, commencement and extent)—
(a) after subsection (2) insert—
“(2A) In the application of this Act to Scotland—
(a) the reference in subsection (2) to the Secretary of State
must be construed as a reference to the ScottishMinisters; but
(b) before making any order under subsection (2) the
Scottish Ministers are to consult the Secretary ofState.”; and
(b) in subsection (4), after “Wales” insert “and to Scotland”.
13 In Schedule 1 (the Security Industry Authority)—Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 15 — Private Security Industry Act 2001: Scottish exte nt242
(a) in paragraph 1 (membership and chairman), at the end add—
 “(4) Before appointing the chairman, the Secretary of State sha ll
consult the Scottish Ministers.”;
(b) in paragraph 3 (removal from office), the existing words bec ome sub-
paragraph (1) and after that sub-paragraph insert—
 “(2) Before removing a person from office as chairman of the
Authority, the Secretary of State shall consult the ScottishMinisters.”;
(c) in paragraph 6 (staff etc.), after sub-paragraph (2) insert—
 “(2A) Before giving consent under sub-paragraph (2), the
Secretary of State shall consult the Scottish Ministers.”;
(d) in paragraph 14 (money), after sub-paragraph (1) insert—
 “(1A) The Scottish Ministers may make payments to the
Authority out of the Scottish Consolidated Fund in relationto the exercise by the Authority of its functions in or asregards Scotland.”;
(e) in paragraph 16 (accounts)—
(i) in sub-paragraph (3), after second “State” insert “, to the
Scottish Ministers”; and
(ii) after sub-paragraph (3) insert—
 “(3A) The Scottish Ministers shall present documents received
by them under sub-paragraph (3) to the ScottishParliament.”; and
(f) in paragraph 17 (annual report)—
(i) in sub-paragraph (1), after “State” insert “and to the Scott ish
Ministers”; and
(ii) at the end add—
 “(3) The Scottish Ministers shall lay a copy of each such repor t
before the Scottish Parliament.”
14 In Schedule 2 (activities liable to control under the Private  Security Industry
Act 2001 (c. 12))—
(a) in paragraph 3 (immobilisation of vehicles), at the end add—
 “(4) This paragraph does not apply to any activities carried ou t
in Scotland.”;
(b) in paragraph 4 (private investigations), after sub-paragraph  ( 4 )
insert—
 “(4A) This paragraph does not apply to any activities of a pers on
who is an advocate or solicitor in Scotland in the provisionof legal services—
(a) by him;
(b) by any firm of which he is a partner or by which he
is employed;
(c) by any body corporate of which he is a director or
member or by which he is employed.”;Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 15 — Private Security Industry Act 2001: Scottish exte nt243
(c) after paragraph 4 insert—
“Taking precognitions
4A (1) This paragraph applies (subject to sub-paragraph (2)) to
the taking, other than on behalf of the Crown, of aprecognition for the purposes of, or in anticipation of—
(a) criminal or civil proceedings in Scotland; or
(b) proceedings on an application under section 65(7)
or (9) of the Children (Scotland) Act 1995.
(2) This paragraph does not apply to any activities of a person
who is an advocate or solicitor in Scotland.”;
(d) in paragraph 8(2) (door supervisors etc. for public houses, clubs and
comparable venues) after paragraph (e) add—
“(f) any premises specified in a public house licence
(within the meaning of the Licensing (Scotland) Act1976) which is for the time being in force;
(g) any premises specified in an hotel licence (within
the meaning of that Act) which is for the time beingin force;
(h) any premises specified in an entertainment licence
(within the meaning of that Act) which is for thetime being in force if they comprise a dance hall;
(i) any premises comprised in a place to which an
occasional licence granted under section 33(1) ofthat Act (occasional licence for premises other thanlicensed premises or clubs) to the holder of a publichouse licence or hotel licence extends;
(j) any premises comprised in a place to which an
occasional permission granted under section 34(1)of that Act (occasional permission for sale ofalcohol in the course of catering for events arisingfrom or related to the activities of a voluntaryorganisation) extends;
(k) any premises comprised in a place or class of place
for the time being specified by resolution undersection 9(5)(b) of the Civic Government (Scotland)Act 1982 (resolution specifying place or class ofplace falling to be licensed if to be used as place ofpublic entertainment);
(l) any premises comprised in a place where an
activity for the time being designated under section44(1) of that Act (additional activities for which alicence is required) is carried on provided that, inthe case of an activity designated under paragraph(a) of that section, the requisite resolution undersection 9 of that Act has been obtained;”; andSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 15 — Private Security Industry Act 2001: Scottish exte nt244
(e) after paragraph 9 add—
“Taking precognitions
10 This paragraph applies to any activities which are
activities of a security operative by virtue of paragraph 4Aof this Schedule.”
SCHEDULE 16
Section 174
REMAINING  MINOR  AND  CONSEQUENTIAL  AMENDMENTS  (SEARCH  WARRANTS )
Incitement to Disaffection Act 1934 (c. 56)
1 In section 2 of the Incitement to Disaffection Act 1934 (which  makes
provision about search warrants), in subsection (2), for “one m onth”
substitute “three months”.
Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)
2 In section 2 of the Public Order Act 1936 (prohibition of quas i-military
organisations), in subsection (5), for “one month” substitute “ three months”.
Wireless Telegraphy Act 1949 (c. 54)
3 In section 15 of the Wireless Telegraphy Act 1949 (entry and s earch of
premises), in subsection (1), for “one month” substitute “three  months”.
Licensing Act 1964 (c. 26)
4 Until their repeal by the Licensing Act 2003 (c. 17), the follo wing provisions
of the Licensing Act 1964 have effect as if for “one month” the re were
substituted “three months”—
section 54 (search warrants relating to clubs),section 85(1) (search warrants relating to parties organised fo r gain),
section 187(1) (search warrants relating to sale of alcohol).
Biological Weapons Act 1974 (c. 6)
5 In section 4 of the Biological Weapons Act 1974 (powers to sea rch etc.), in
subsection (1)(a), for “one month” substitute “three months”.
Copyright, Designs and Patents Act 1988 (c. 48)
6 (1) The Copyright, Designs and Patents Act 1988 is amended as f ollows.
(2) In section 109 (search warrants), in subsection (3)(b), for “28 days” substitute
“three months”.
(3) In section 200 (search warrants), in subsection (3)(b), for “28 days” substitute
“three months”.
(4) In section 297B (search warrants), in subsection (3)(b), for  “28 days”
substitute “three months”.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 16 — Remaining minor and consequential amendments (sea rch warrants)245
Computer Misuse Act 1990 (c. 18)
7 In section 14 of the Computer Misuse Act 1990 (search warrants ), in
subsection (3)(b), for “twenty-eight days” substitute “three mo nths”.
Trade Marks Act 1994 (c. 26)
8 In section 92A of the Trade Marks Act 1994 (search warrants), in subsection
(3)(b), for “28 days” substitute “three months”.
SCHEDULE 17 Section 174
REPEALS  AND  REVOCATIONS
PART 1
REPEALS  COMING  INTO  FORCE  ON ROYAL  ASSENT
PART 2
OTHER  REPEALS  AND  REVOCATIONSShort title and chapter Extent of repeal
Police Reform Act 2002 (c. 30) Section 95.
In Schedule 8, the reference to section 5 of the
Police (Health and Safety) Act 1997 (c. 42).
Short title and chapter or title and 
numberExtent of repeal or revocation
Unlawful Drilling Act 1819
( 6 0G e o .3&  1G e o .4c .1 )In section 2, the words “, or for any other person
acting in their aid or assistance,”.
Vagrancy Act 1824 (c. 83) Section 6.
Railway Regulation Act 1842
(c. 55)Section 17.
Companies Clauses Consolidation
Act 1845 (c. 16)In section 156, the words “, and all persons
called by him to his assistance,”.
Railways Clauses Consolidation
Act 1845 (c. 20)Sections 104 and 154.
Licensing Act 1872 (c. 94) In section 12, the words “may be appre hended,
and”.
Public Stores Act 1875 (c. 25) Section 12(1).
London County Council
(General Powers) Act 1894 (c.ccxii)In section 7, the words “and any person called to
the assistance of such constable or personauthorised”.
London County Council
(General Powers) Act 1900 (c.cclxviii)In section 27, the words “and any person called
to the assistance of such constable or officer”.
Licensing Act 1902 (c. 28) In section 1, the words “apprehended a nd”.Serious Organised Crime and Police Act 2005 (c. 15)
Schedule 17 — Repeals and revocations
Part 2 — Other repeals and revocations246
Licensing Act 1902 (c. 28)— cont. In section 2(1), the words “may be apprehended,
and”.
Protection of Animals Act 1911
(c. 27)Section 12(1).
Official Secrets Act 1911 (c. 28) Section 6.
Public Order Act 1936
(1 Edw. 8 & 1 Geo. 6 c. 6)Section 7(3).
Army Act 1955 (3 & 4 Eliz. 2
c. 18)Section 83BC(2)(k).
Air Force Act 1955 (3 & 4 Eliz. 2
c. 19)Section 83BC(2)(k).
Naval Discipline Act 1957
(c. 53)Section 52IJ(2)(k).
Public Records Act 1958 (c. 51) In Schedule 1, in Part 2 of the T able at the end of
paragraph 3, the entries relating to the ServiceAuthorities for the National Crime Squad andthe National Criminal Intelligence Service.
Street Offences Act 1959 (c. 57) Section 1(3).
Trustee Investments Act 1961
(c. 62)In section 11(4), in paragraph (a), the words “,
the Service Authority for the National CrimeSquad”, and paragraph (e).
In Part 2 of Schedule 1, paragraph 9(da).
Parliamentary Commissioner
Act 1967 (c. 13)In Schedule 2, the entries relating to the Service
Authorities for the National Crime Squad andthe National Criminal Intelligence Service.
Police (Scotland) Act 1967
(c. 77)In section 33, in subsections (3) and (4), the
words “and the National CriminalIntelligence Service”.
Section 38A(1)(ba).In section 41(4)(a), the words “or by a member
of the National Criminal Intelligence Serviceor of the National Crime Squad”.
Criminal Justice Act 1967 (c. 80) In section 91(1), the words “ma y be arrested
without warrant by any person and”.
Leasehold Reform Act 1967
(c. 88)Section 28(5)(bc).
Ministry of Housing and Local
Government ProvisionalOrder Confirmation (GreaterLondon Parks and OpenSpaces) Act 1967 (c. xxix)In Article 19 of the Order set out in the
Schedule, the words “and any person calledto the assistance of such constable or officer”.
Theft Act 1968 (c. 60) Section 25(4).
Port of London Act 1968
(c. xxxii)In section 2, the definition of “arrestable
offence”.
Section 170.Short title and chapter or title and 
numberExtent of repeal or revocationSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 17 — Repeals and revocations
Part 2 — Other repeals and revocations247
Employment Agencies Act 1973
(c. 35)In section 13(7)(f), the words “, the Service
Authority for the National CriminalIntelligence Service, the Service Authority forthe National Crime Squad”.
House of Commons
Disqualification Act 1975(c. 24)Section 1(1)(da).
In Schedule 1, in Part 2, the entries relating to
the Service Authorities for the NationalCrime Squad and the National CriminalIntelligence Service.
Northern Ireland Assembly
Disqualification Act 1975(c. 25)Section 1(1)(da).
In Schedule 1, in Part 2, the entries relating to
the Service Authorities for the NationalCrime Squad and the National CriminalIntelligence Service.
Sex Discrimination Act 1975
(c. 65)In section 17(7), in the definition of “chief officer
of police”, paragraph (aa), in the definition of“police authority”, paragraph (aa) and, in thedefinition of “police fund” the words from “,in relation to” (in the second place where theyoccur) to “the Police Act 1997”.
Police Pensions Act 1976 (c. 35) In section 11(5), in paragraph ( a) of the
definition of “central service”, “(ca), (cb),”.
Race Relations Act 1976 (c. 74) In section 76B, subsection (1) an d, in subsection
(2), the word “also”.
In Schedule 1A, in Part 1, paragraphs 59 and 60
and, in Part 3, the entry relating to theDirector General of the National CrimeSquad.
Criminal Law Act 1977 (c. 45) Section 6(6).
Section 7(6).Section 8(4).
Section 9(7).
In section 10(5), the words “A constable in
uniform,”.
Theft Act 1978 (c. 31) Section 3(4).
Health and Safety at Work
(Northern Ireland) Order1978 (S.I. 1978/1039 (N.I. 9))In Article 47A(2), sub-paragraph (b).
Animal Health Act 1981 (c. 22) Section 61(1).
Section 62(1).
Local Government (Miscellaneous
Provisions) Act 1982 (c. 30)In Schedule 3, paragraph 24.
Aviation Security Act 1982
(c. 36)Section 28(3).
Stock Transfer Act 1982 (c. 41) In Schedule 1, in paragraph 7(1),  paragraph (bb)
and the word “or” before it.
Police and Criminal Evidence
Act 1984 (c. 60)Section 5(1A).Short title and chapter or title and 
numberExtent of repeal or revocationSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 17 — Repeals and revocations
Part 2 — Other repeals and revocations248
Police and Criminal Evidence
Act 1984 (c. 60)— cont.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 ofAnimals Act 1911 (c. 27), the Public Order Act1936 (1 Edw. 8 & 1 Geo. 6 c. 6), the StreetOffences Act 1959 (c. 57), the Criminal LawAct 1977 (c. 45) and the Animal Health Act1981 (c. 22).
Schedule 5.
In Schedule 6, paragraph 17.
Prosecution of Offences Act
1985 (c. 23)In section 3(3), in the definition of “police force”,
the words “, the National Crime Squad”.
Sporting Events (Control of
Alcohol etc.) Act 1985 (c. 57)In section 7(2), the words “, and may arrest such
a person”.
Public Order Act 1986 (c. 64) Section 3(6).
Section 4(3).
Section 4A(4).
Section 5(4) and (5).Section 12(7).
Section 13(10).
Section 14(7).Section 14B(4).
Section 14C(4).
Section 18(3).
Ministry of Defence Police Act
1987 (c. 4)In section 2B(3), in the definitions of “chief
officer” and “relevant force”, paragraphs (c)and (d).
Criminal Justice Act 1988 (c. 33) Section 140(1)(a) and (b).
In Schedule 15, paragraphs 98 and 102.
Road Traffic Act 1988 (c. 52) Section 4(6) to (8).
In section 124(2), the definitions of “chief officer
of police”, “police authority” and “policeforce”.
Section 144(2)(ba).Section 163(4).
Road Traffic (Consequential
Provisions) Act 1988 (c. 54)In Schedule 3, paragraph 27(5).
Football Spectators Act 1989
(c. 37)Section 2(4).
Aviation and Maritime Security
Act 1990 (c. 31)In section 22(4)(b), sub-paragraph (iii) and the
word “or” before it.
In Schedule 3, paragraph 8.Short title and chapter or title and 
numberExtent of repeal or revocationSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 17 — Repeals and revocations
Part 2 — Other repeals and revocations249
Football (Offences) Act 1991
(c. 19)Section 5(1).
Road Traffic Act 1991 (c. 40) In Schedule 4, paragraph 39.
Local Government Finance Act
1992 (c. 14)In section 43(7)(b), “, (5A)”.
Transport and Works Act 1992
(c. 42)Section 30(1) and (3).
Section 40.
Trade Union and Labour
Relations (Consolidation) Act1992 (c. 52)Section 241(3).
Tribunals and Inquiries Act
1992 (c. 53)In section 7(2), after “36A”, “(a) or (b)”.
In Schedule 1, in paragraph 36A, “(a)” and sub-
paragraph (b).
Criminal Justice and Public
Order Act 1994 (c. 33)Section 61(5).
Section 62B(4).
Section 63(8).
Section 65(5).Section 68(4).
Section 69(5).
Section 76(7).Section 85(1), (2) and (3).
Section 155.
Section 166(4).Section 167(7).
In Schedule 10, paragraph 59.
Drug Trafficking Act 1994
(c. 37)In Schedule 1, paragraph 9 and, in paragraph
25, the words “section 9(6) of” and the wordsafter “1990”.
Criminal Appeal Act 1995
(c. 35)In section 22(2), in paragraph (a), the words “,
the National Crime Squad”, paragraph (b)(ii)and paragraphs (d) and (e).
Criminal Procedure
(Consequential Provisions)(Scotland) Act 1995 (c. 40)In Schedule 4, paragraph 76(2).
Disability Discrimination Act
1995 (c. 50)In the section 64A inserted by the Disability
Discrimination Act 1995 (Amendment)Regulations 2003 (S.I. 2003/1673), insubsection (7), in the definitions of “chiefofficer of police”, “police authority” and“police fund”, paragraph (b).
Reserve Forces Act 1996 (c. 14) In Schedule 2, paragraph 2(1).Police Act 1996 (c. 16) Section 23(8).
Section 24(5).
In section 54(2), the words “the National
Criminal Intelligence Service and theNational Crime Squad”.
Section 55(7).Section 59(8).
Section 60(2A).Short title and chapter or title and 
numberExtent of repeal or revocationSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 17 — Repeals and revocations
Part 2 — Other repeals and revocations250
Police Act 1996 (c. 16)— cont. Section 61(1)(aa) and (ba).
In section 62, subsection (1)(aa) and (ab), the
subsection (1A) inserted by paragraph 82(2)of Schedule 9 to the Police Act 1997, andsubsections (1B) and (1C). 
In section 63, subsections (1A) and (1B).
In section 64, subsections (4A) and (4B).
In section 88(5)(b), the words “or section 23 of
the Police Act 1997”.
In section 89(4)(a), the words “or by a member
of the National Criminal Intelligence Serviceor 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 theNational Crime Squad” and “or the NationalCrime Squad”, subsection (3A), in subsection(4) the words “or the National Crime Squad”and “or the Director General of the NationalCrime Squad”, in subsection (5) the words “orthe National Crime Squad” (in both places)and “or the Director General of the NationalCrime Squad” and subsection (6A).
Employment Rights Act 1996
(c. 18)Section 50(2)(ca).
Offensive Weapons Act 1996
(c. 26)Section 1(1).
Public Order (Amendment) Act
1996 (c. 59)The whole Act.
Juries (Northern Ireland) Order
1996 (S.I. 1996/1141 (N.I. 6))In Schedule 2, the entry relating to members of
the National Criminal Intelligence Service,members of the Service Authority for theNational Criminal Intelligence Service andpersons employed by the Authority.
Employment Rights (Northern
Ireland) Order 1996 (S.I.1996/1919 (N.I. 16))Article 67KA(3)(b).
Article 72A(2)(b).Article 169A(2)(b).
Confiscation of Alcohol (Young
Persons) Act 1997 (c. 33)Section 1(5).
P o l i c e  ( H e a l t h  a n d  S a f e t y )  A c t
1997 (c. 42)In section 5(3), in the definition of “relevant
authority” paragraphs (c) and (d), in thedefinition of “relevant fund” paragraphs (b)and (c) and, in the definition of “responsibleofficer”, paragraph (b).
Police Act 1997 (c. 50) Sections 1 to 87.
Sections 89 and 90.In section 93(6), paragraphs (d) and (e).
In section 94, in subsection (1) paragraph (c) and
the word “or” before it and subsections (3)
and (4)(c).Short title and chapter or title and 
numberExtent of repeal or revocationSerious Organised Crime and Police Act 2005 (c. 15)
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Part 2 — Other repeals and revocations251
Police Act 1997 (c. 50)— cont. 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), thewords “to which subsection (3) does notapply”.
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 to62, 69, 70, 71(2)(a), (c), (d) and (3), 73, 74, 76,77, 79 to 84, 86(3) and (4), 87, 88 and 92.
Police (Health and Safety)
(Northern Ireland) Order1997 (S.I. 1997/1774 (N.I. 6))In Article 7(3), in the definition of “the relevant
authority”, sub-paragraph (b), in thedefinition of “the relevant fund”, sub-paragraph (a) and, in the definition of “theresponsible officer”, sub-paragraph (b).
Police (Northern Ireland) Act
1998 (c. 32)Section 27(1)(b).
I n  s e c t i o n  4 2 ,  i n  s u b s e c t i o n  ( 1 )  “ ,  ( 3 ) ” ,  a n d
subsection (7).
In Schedule 4, paragraph 22.
Crime and Disorder Act 1998
(c. 37)In section 1C, subsections (6) to (8).
Section 27(1).
Section 31(2) and (3).Section 113.
Protection of Children Act 1999
(c. 14)Section 8.
Terrorism Act 2000 (c. 11) In Schedule 15, paragraph 5(11).
Care Standards Act 2000 (c. 14) Section 90.
Section 102.
Section 104.In Schedule 4, paragraph 25.
Regulation of Investigatory
Powers Act 2000 (c. 23)In section 33, in subsection (1) the words “, the
National Criminal Intelligence Service or theNational Crime Squad” and “, Service orSquad”, in subsection (3) the words “, theNational Criminal Intelligence Service or theNational Crime Squad” and (in both places) “,Service or Squad” and, in subsection (6), inparagraph (e) the words “and also of theNational Criminal Intelligence Service” andparagraph (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).Short title and chapter or title and 
numberExtent of repeal or revocationSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 17 — Repeals and revocations
Part 2 — Other repeals and revocations252
Regulation of Investigatory
Powers Act 2000 (c. 23)— cont.In section 76A(11)(c) the words “the National
Crime Squad or”.
In Schedule 1, paragraph 27D and the cross-
heading before it.
In Schedule 4, paragraph 8(4)(c) and (5).
Football (Disorder) Act 2000
(c. 25)Section 2.
In Schedule 2, paragraph 2.
Police (Northern Ireland) Act
2000 (c. 32)In Schedule 6, in paragraph 20, sub-paragraphs
(4) to (7).
Freedom of Information Act
2000 (c. 36)In section 23(3), the word “and” at the end of
paragraph (k).
In Schedule 1, in Part 6, the entries relating to
the National Crime Squad and the ServiceAuthority for the National Crime Squad.
Criminal Justice and Court
Services Act 2000 (c. 43)In Schedule 7, paragraph 77.
Health and Social Care Act 2001
(c. 15)Section 19.
Criminal Justice and Police Act
2001 (c. 16)Section 42(8).
Section 47(3).I n  s e c t i o n  1 0 4 ,  s u b s e c t i o n  ( 3 ) ,  i n  s u b s e c t i o n  ( 4 )
paragraph (c) and the word “and” before it,and subsection (8).
In section 107, subsections (1)(c) and (4).
Sections 108 to 121.Section 138(6)(d).
In Schedule 4, paragraph 7(3)(b).
Schedule 5.In Schedule 6, paragraphs 1 to 21, 55, 56, 60, 61
and 77.
Anti-terrorism, Crime and
Security Act 2001 (c. 24)Section 39(8).
Regulation of Care (Scotland)
Act 2001 (asp 8)In Schedule 3, paragraph 21.
International Development Act
2002 (c. 1)In Schedule 3, paragraphs 3(3), 11(3) and 12(3).
National Health Service Reform
and Health Care ProfessionsAct 2002 (c. 17)In Schedule 2, paragraph 64.
Proceeds of Crime Act 2002
(c. 29)In section 313(1), paragraphs (c) and (d).
In section 330, subsection (5)(b), and, in
subsection (9)(b), the words after“employment”.
Section 331(5)(b).
In section 332(1) and (3), “337 or”.Section 332(5)(b).
In section 337(5)(b), the words after
“employment”.Short title and chapter or title and 
numberExtent of repeal or revocationSerious Organised Crime and Police Act 2005 (c. 15)
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Part 2 — Other repeals and revocations253
Proceeds of Crime Act 2002
(c. 29)— cont.In section 338, subsection (1)(b) (except the
word “and” at the end) and, in subsection(5)(b), the words after “employment”.
Section 339(5) and (6).In section 447(3)(a), the word “or” at the end.
In Schedule 11, paragraphs 3(3), 14(4), 30(3) and
(4) and 34(3) and (4).
Police Reform Act 2002 (c. 30) Section 8.
In section 9(3)(e) the words “is or”.
In section 10, in subsection (1), at the end of
paragraph (e) the word “and”, in paragraph(f) the words “the National CriminalIntelligence Service, the National CrimeSquad and”, in subsection (3), paragraph (a)and, in paragraph (d), the words “theNational Criminal Intelligence Service, theNational 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, insubsection (7), the words “or of a ServiceAuthority”.
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, insubsection (5), the words “or a DirectorGeneral”.
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) andsubsection (5).
Sections 85 to 91.Section 93.
In section 102, in subsection (2), paragraphs (c)
and (d) and, in subsection (5), paragraphs (b)and (c).
In section 103, subsections (2) and (3) and, in
subsection (6), the words “, the NCIS servicefund 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.Short title and chapter or title and 
numberExtent of repeal or revocationSerious Organised Crime and Police Act 2005 (c. 15)
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Part 2 — Other repeals and revocations254
Police Reform Act 2002 (c. 30)—
cont.In Schedule 5, in paragraph 1(2)(aa), the words
“except in respect of an offence under section12 of the Licensing Act 1872 or section 91 ofthe Criminal Justice Act 1967”.
Schedule 6.In Schedule 7, paragraphs 16, 17, 19(2) and (3),
21 and 22(2).
Education Act 2002 (c. 32) Part 2 of Schedule 12.
In Schedule 13, paragraphs 7 and 8.In Schedule 21, paragraphs 72 and 73.
Adoption and Children Act
2002 (c. 38)Section 135.
In Schedule 3, paragraph 93.
Licensing Act 2003 (c. 17) In Schedule 6, paragraphs 93 and 116.
Aviation (Offences) Act 2003
(c. 19)Section 1(1).
Communications Act 2003
(c. 21)Section 181(1).
Crime (International Co-
operation) Act 2003 (c. 32)In section 17(3), the words “the Police and
Criminal Evidence Act 1984 (c. 60) or (as thecase may be)”.
Section 85.
Anti-social Behaviour Act 2003
(c. 38)Section 4(5).
Section 23(5).Section 32(3).
Section 37(3).
Courts Act 2003 (c. 39) In Schedule 8, paragraphs 12 and 281(2).Sexual Offences Act 2003 (c. 42) In Schedule 6, paragraph 28(3) a nd (4).
Criminal Justice Act 2003 (c. 44) Section 3.
In Schedule 35, paragraphs 3 and 4.
Protection of Children
(Scotland) Act 2003 (asp 5)Section 12.
Criminal Justice (Scotland) Act
2003 (asp 7)Section 70(3).
Protection of Children and
Vulnerable Adults (NorthernIreland) Order 2003 (S.I.2003/417 (N.I. 4))Article 17(4) to (6).
Article 47(3) to (5).
Energy Act 2004 (c. 20) In section 59(3), in the definition of “c hief
officer”, paragraphs (c) and (d) and, in thedefinition of “relevant force”, paragraphs (c)and (d).
In Schedule 14, paragraph 11(b).
Domestic Violence, Crime and
Victims Act 2004 (c. 28) Section 10(1).
In Schedule 10, paragraph 24.
Hunting Act 2004 (c. 37) Section 7.Short title and chapter or title and 
numberExtent of repeal or revocationSerious Organised Crime and Police Act 2005 (c. 15)
Schedule 17 — Repeals and revocations
Part 2 — Other repeals and revocations255
Prevention of Terrorism Act
2005 (c. 2)Section 9(9).
Serious Organised Crime and
Police Act 2005 (c. 15)Section 112(6) and (7).
Section 126(2) and (3).
Section 130(1).
Section 136(5).Short title and chapter or title and 
numberExtent of repeal or revocation
?Crown copyright 2005
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9 780105 416050SERIOUS ORGANISED CRIM E AND POLICE ACT 2005 
2005 c.15 
                                              
ISBN 0-10-541605-3  
 
_____________________ 
 
 
CORRECTION 
 
Section 166 
 
Page 130, in subsection (2), inserted subsecti on (4) “section 118(2A)(c)” should read “section 
118(2A)(d)”. 
 
 
May 2005  
 
 
PRINTED IN THE UNITED KINGDOM BY THE STATIONERY OFFICE LIMITED  
under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office  
and Queen’s Printer of Acts of Parliament 
 
 SERIOUS ORGANISED CRIM E AND POLICE ACT 2005 
2005 c.15 
ISBN 0-10-541605-3  
 
 
CORRECTION 
 
Schedule 7 
 
Page 196, the Paragraph numbered 63 should be  numbered 62 and that numbered 62 should 
be numbered 63.  
July 2005  
 
PRINTED IN THE UNITED KINGDOM BY THE STATIONERY OFFICE LIMITED  
under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office  
and Queen’s Printer of Acts of Parliament 
 Serious Organised Crime and Police Act 2005 
2005 c.15 
ISBN 0-10-541605-3  
 
 
CORRECTION 
 
 
Page 130  
Section 165(2) “In each version of section 120A of that Act” should read “In sections 120A 
and 120B of that Act”. 
Section 166(1) “In section 120A of the Police Ac t 1997” should read “In section 120B of the 
Police Act 1997” 
 
Page 238  
Schedule 14 - Paragraph 9 “In section 120A” should read “In section 120B” 
 
 April 2006  
 
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under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office  
and Queen’s Printer of Acts of Parliament