Explanatory Notes

Serious Organised Crime and Police Act 2005

2005 CHAPTER 15

7th April 2005

The Act

Commentary on Sections

Schedule 5: Persons specified for the purposes of section 82

Section 91: Transitional provision

205.This section allows for arrangements for protection which are already in place on the commencement of section 82 to be treated as having been made under the new statutory provisions. For example, it will be possible for arrangements made for a witness in 2001 to be treated as having been made under the new provisions. One effect of this is that it may be an offence to disclose information about the arrangements under section 86.

206.In order for any pre-commencement protection arrangements to be brought within the statutory scheme, certain conditions must be satisfied (see subsections (3) to (5)). In particular, the protection provider must determine that it is appropriate to treat the arrangements as having been made under the new statutory provisions. A record of this determination must be made (see subsections (6) and (7)). Subsections (8) to (11) ensure that arrangements which were made by the National Criminal Intelligence Service, the National Crime Squad or Her Majesty’s Customs and Excise, and which become the responsibility of a protection provider, can also be treated as having been made under the new statutory provisions.