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Serious Organised Crime and Police Act 2005
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- 2005 c. 15
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Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 78(3)((ab)(ac)) added by 2011 c. 24 (N.I.) s. 56(1)
- s. 2A inserted by 2007 c. 27 Sch. 8 para. 169
- s. 2A modified by 2009 c. 25 s. 170(1)
- s. 8A inserted by S.I. 2010/976 Sch. 15 para. 4
- s. 25A inserted by S.I. 2010/976 Sch. 15 para. 14
- s. 75A inserted by 2006 c. 48 Sch. 14 para. 62
- s. 75B inserted by 2009 c. 25 s. 113(7)
- s. 473(2)(b) and word omitted by 2008 c. 9 Sch. 14 para. 17(n)
- s. 476(3) text amended by 2008 c. 9 Sch. 17 para. 27(1)
Commencement Orders yet to be applied to the Serious Organised Crime and Police Act 2005:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2005/1521 art. 2-4 commences (2005 c. 15)
- S.I. 2005/2026 art. 2 commences (2005 c. 15)
- S.I. 2005/3136 art. 2 3 commences (2005 c. 15)
- S.I. 2005/3495 art. 2 commences (2005 c. 15)
- S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
- S.I. 2006/1085 art. 2-4 commences (2005 c. 15)
- S.I. 2006/1871 art. 2 commences (2005 c. 15)
- S.I. 2006/2182 art. 3 amendment to earlier commencing SI 2006/1871
- S.I. 2007/3064 art. 2 commences (2005 c. 15)
- S.I. 2007/3341 art. 2 commences (2005 c. 15)
- S.I. 2008/306 art. 2 commences (2005 c. 15)
- S.I. 2008/697 art. 2 commences (2005 c. 15)
- S.I. 2008/1325 art. 2 commences (2005 c. 15)
- S.I. 2011/410 art. 2 commences (2005 c. 15)
- S.S.I. 2006/166 art. 2 commences (2005 c. 15)
- S.S.I. 2006/381 art. 2 commences (2005 c. 15)
- S.S.I. 2007/241 art. 2 commences (2005 c. 15)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2006/1013 art. 2 commences (2006 c. 11)
- S.I. 2006/2966 art. 2 3 commences (2006 c. 33)
- S.I. 2006/3200 art. 2 commences (2006 c. 35)
- S.I. 2007/29 art. 2 amendment to earlier commencing SI 2006/3364
- S.I. 2007/709 art. 2-4 commences (2006 c. 48)
- S.I. 2007/1092 art. 2 commences (2006 c. 3)
- S.I. 2008/219 art. 2 3 commences (2007 c. 27)
- S.I. 2008/755 art. 2 15-18 commences (2007 c. 27)
- S.I. 2008/2503 art. 2 3 commences (2006 c. 48)
- S.I. 2008/2504 art. 2 commences (2007 c. 27)
- S.I. 2009/812 art. 3 commences (2006 c. 52)
- S.I. 2009/1059 Order transitional provisions for effects of commencing SI 2009/812
- S.I. 2009/1167 art. 3 4 commences (2006 c. 52)
- S.I. 2009/3250 art. 2 commences (2007 c. 29)
- S.I. 2010/507 art. 2-5 commences (2009 c. 26)
- S.I. 2010/816 art. 2-6 Sch. commences (2009 c. 25)
- S.I. 2010/1986 art. 2 commences (2009 c. 26)
- S.I. 2010/2317 art. 2 3 commences (2010 c. 15)
- S.I. 2011/1066 art. 2 commences (2010 c. 15)
- S.I. 2011/1418 art. 2 commences (2010 c. 23)
- S.I. 2011/2834 art. 2 3 commences (2011 c. 13)
- S.I. 2011/3019 art. 3 Sch. 1 Comencement Order
- S.S.I. 2007/84 art. 3 commences (2006 asp 10)
- S.S.I. 2010/413 art. 2 Sch. commences (2010 asp 13)
- S.S.I. 2011/178 art. 2 commences (2010 asp 13)
- S.R. 2011/224 art. 2 commences (2011 c. 24 (N.I.))
Prospective
SupplementaryE+W+S+N.I.
52Modification of enactmentsE+W+S+N.I.
(1)The Secretary of State may by order provide for any enactment (or description of enactments) to apply in relation to—
(a)designated persons, or
(b)the exercise of powers by such persons under this Chapter,
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 afforded 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 exercisable 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 relation to an enactment which (expressly or otherwise) confers any function on—
(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 relation to an enactment which extends to Scotland, the Secretary of State must 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.
53Employment provisionsE+W+S+N.I.
(1)A member of SOCA's staff who is for the time being designated under section 43 as a person having the powers of a constable is not, by virtue of section 46(2), to be treated as being in police service for the purposes of the enactments mentioned in subsection (2).
(2)The enactments are—
(a)section 280 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (person in police service excluded from definitions of “worker” and “employee”);
(b)section 200 of the Employment Rights Act 1996 (c. 18) (certain provisions of the Act not to apply to persons in police service);
(c)Article 145 of the Trade Union and Labour Relations (Northern Ireland) Order 1995 (S.I. 1995/1980 (N.I. 12)); and
(d)Article 243 of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)).
54Interpretation of Chapter 2E+W+S+N.I.
(1)In this Chapter—
“designated person” means a person for the time being designated under section 43;
“United Kingdom waters” means the sea and other waters within the seaward limits of the United Kingdom's territorial sea.
(2)Any reference in this Chapter to the exercise of powers by virtue of a designation under section 43 is, in a case where any limitations were imposed under subsection (2) of that section, a reference to their exercise in conformity with those limitations.
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