Serious Organised Crime and Police Act 2005

Valid from 01/04/2006

Police Act 1997 (c. 50) E+W

94 E+W The Police Act 1997 has effect subject to the following amendments.

95 E+W Omit sections 1 to 87 (provision about NCIS and NCS and their Service Authorities).

96 E+W Omit sections 89 and 90 (general provision about NCS).

97 (1) Section 93 (authorisations to interfere with property) is amended as follows. E+W

(2) In subsection (1B) after “officer is a” insert “ member of the staff of the Serious Organised Crime Agency, ”.

(3) In subsection (3) for paragraphs (b) and (c) substitute—

“(b) if the authorising officer is within subsection (5)(f), by a member of the staff of the Serious Organised Crime Agency,”.

(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 designated for 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 officer) is amended as follows. E+W

(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 that subsection, by a person designated for the purposes of this section by the Director General of the Serious Organised Crime Agency;”.

(4) Omit subsections (3) and (4)(c).

99 (1) Section 95 (form and duration of authorisations) is amended as follows. E+W

(2) In subsection (6) for “or (g)” substitute “ or (f) ”.

(3) In subsection (7) for “, (d), (f) or (g)” substitute “ or (d) ”.

100 (1) Section 97 (authorisations requiring approval) is amended as follows. E+W

(2) In subsection (6A)—

(a) for “, (e) or (g)” substitute “ or (e) ”, and

(b) for “, Chief Constable or, as the case may be, Director General” 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 be construed—

(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 Serious Organised Crime Agency who is designated for the purposes of this section by the Director General of that Agency.”

101 E+W In section 105(3) (supplementary provision about appeals) for “, (d), (f) or (g)” substitute “ or (d) ”.

102 E+W In section 107(4)(b) (exclusions from Chief Commissioner's report) for “Service Authority for the National Criminal Intelligence Service or the Service Authority for the National Crime Squad” substitute “ Serious Organised Crime Agency ”.

103 (1) Section 109 (Police Information Technology Organisation) is amended as follows. E+W

(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 follows. E+W

(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 E+W In section 137(2) (extent) omit paragraphs (b) and (c).

106 E+W Omit Schedules 1 to 2A (Service Authorities for NCIS and NCS).