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Serious Organised Crime and Police Act 2005

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Commencement Orders bringing provisions within this Act into force:

Commencement Orders bringing legislation that affects this Act into force:

Prospective

Part 1 E+WSpecific repeals

Unlawful Drilling Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 1)E+W

1In section 2 of the Unlawful Drilling Act 1819 (power to disperse unlawful meeting), omit “, or for any other person acting in their aid or assistance,”.E+W

Vagrancy Act 1824 (c. 83)E+W

2Section 6 of the Vagrancy Act 1824 (power to apprehend) shall cease to have effect.E+W

Railway Regulation Act 1842 (c. 55)E+W

3Section 17 of the Railway Regulation Act 1842 (punishment of persons guilty of misconduct) shall cease to have effect.E+W

Companies Clauses Consolidation Act 1845 (c. 16)E+W

4In section 156 of the Companies Clauses Consolidation Act 1845 (transient offenders), omit “, and all persons called by him to his assistance,”.E+W

Railways Clauses Consolidation Act 1845 (c. 20)E+W

5(1)The Railways Clauses Consolidation Act 1845 is amended as follows.E+W

(2)Section 104 (detention of offenders) shall cease to have effect.

(3)Section 154 (transient offenders) shall cease to have effect.

Licensing Act 1872 (c. 94)E+W

6In section 12 of the Licensing Act 1872 (penalty on persons found drunk), omit “may be apprehended, and”.E+W

Public Stores Act 1875 (c. 25)E+W

7In section 12 of the Public Stores Act 1875 (powers of arrest and search), omit subsection (1).E+W

London County Council (General Powers) Act 1894 (c. ccxii)E+W

8In section 7 of the London County Council (General Powers) Act 1894 (arrest for breach of byelaws), omit “and any person called to the assistance of such constable or person authorised”.E+W

London County Council (General Powers) Act 1900 (c. cclxviii)E+W

9In section 27 of the London County Council (General Powers) Act 1900 (arrest for breach of byelaws), omit “and any person called to the assistance of such constable or officer”.E+W

Licensing Act 1902 (c. 28)E+W

10(1)The Licensing Act 1902 is amended as follows.E+W

(2)In section 1 (apprehension of persons found drunk), omit “apprehended and”.

(3)In section 2 (being drunk in charge of a child), in subsection (1), omit “may be apprehended, and”.

Protection of Animals Act 1911 (c. 27)E+W

11In section 12 of the Protection of Animals Act 1911 (powers of constables), omit subsection (1).E+W

Official Secrets Act 1911 (c. 28)E+W

12Section 6 of the Official Secrets Act 1911 (power of arrest) shall cease to have effect.E+W

Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)E+W

13In section 7 of the Public Order Act 1936 (enforcement), omit subsection (3).E+W

Street Offences Act 1959 (c. 57)E+W

14In section 1 of the Street Offences Act 1959 (loitering or soliciting for purposes of prostitution), omit subsection (3).E+W

Criminal Justice Act 1967 (c. 80)E+W

15In section 91 of the Criminal Justice Act 1967 (drunkenness in a public place), in subsection (1), omit “may be arrested without warrant by any person and”.E+W

Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967 (c. xxix)E+W

16In Article 19 (power of detention) of the Order set out in the Schedule to the Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967, omit “and any person called to the assistance of such constable or officer”.E+W

Theft Act 1968 (c. 60)E+W

17In section 25 of the Theft Act 1968 (going equipped for stealing etc.), omit subsection (4).E+W

Port of London Act 1968 (c. xxxii)E+W

18Section 170 of the Port of London Act 1968 (power of arrest) shall cease to have effect.E+W

Criminal Law Act 1977 (c. 45)E+W

19(1)The Criminal Law Act 1977 is amended as follows.E+W

(2)In section 6 (violence for securing entry), omit subsection (6).

(3)In section 7 (adverse occupation of residential premises), omit subsection (6).

(4)In section 8 (trespassing with a weapon of offence), omit subsection (4).

(5)In section 9 (trespassing on premises of foreign missions, etc.), omit subsection (7).

(6)In section 10 (obstruction of certain officers executing process), in subsection (5), omit “A constable in uniform,”.

Theft Act 1978 (c. 31)E+W

20In section 3 of the Theft Act 1978 (making off without payment), omit subsection (4).E+W

Animal Health Act 1981 (c. 22)E+W

21(1)The Animal Health Act 1981 is amended as follows.E+W

(2)In section 61 (powers of arrest as to rabies), omit subsection (1).

(3)In section 62 (entry and search under section 61), omit subsection (1).

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)E+W

22In Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (control of sex establishments), omit paragraph 24.E+W

Aviation Security Act 1982 (c. 36)E+W

23In section 28 of the Aviation Security Act 1982 (byelaws for designated airports), omit subsection (3).E+W

Police and Criminal Evidence Act 1984 (c. 60)E+W

24(1)The Police and Criminal Evidence Act 1984 is amended as follows.E+W

(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 are 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 & 1 Geo. 6 c. 6),

  • the entry relating to the Street Offences Act 1959 (c. 57),

  • the entry relating to the Criminal Law Act 1977 (c. 45),

  • the entry relating to the Animal Health Act 1981 (c. 22).

Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)E+W

25In 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”.E+W

Public Order Act 1986 (c. 64)E+W

26(1)The Public Order Act 1986 is amended as follows.E+W

(2)In section 3 (affray), omit subsection (6).

(3)In section 4 (fear or provocation of violence), omit subsection (3).

(4)In section 4A (intentional harassment, alarm or distress), omit subsection (4).

(5)In section 5 (harassment, alarm or distress), omit subsections (4) and (5).

(6)In section 12 (imposing conditions on public processions), omit subsection (7).

(7)In section 13 (prohibiting public processions), omit subsection (10).

(8)In section 14 (imposing conditions on public assemblies), omit subsection (7).

(9)In section 14B (offences in connection with trespassory assemblies), omit subsection (4).

(10)In section 14C (stopping persons from proceeding to trespassory assemblies), omit subsection (4).

(11)In section 18 (use of words or behaviour or display of written material), omit subsection (3).

Road Traffic Act 1988 (c. 52)E+W

27(1)The Road Traffic Act 1988 is amended as follows.E+W

(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)E+W

28In section 2 of the Football Spectators Act 1989 (offences relating to unauthorised attendance at designated football matches), omit subsection (4).E+W

Transport and Works Act 1992 (c. 42)E+W

29In section 30 of the Transport and Works Act 1992 (powers of arrest and entry), omit subsections (1) and (3).E+W

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)E+W

30In section 241 of the Trade Union and Labour Relations (Consolidation) Act 1992 (intimidation or annoyance), omit subsection (3).E+W

Criminal Justice and Public Order Act 1994 (c. 33)E+W

31(1)The Criminal Justice and Public Order Act 1994 is amended as follows.E+W

(2)In section 61 (power to remove trespassers on land), omit subsection (5).

(3)In section 62B (failure to comply with direction under section 62A), omit subsection (4).

(4)In section 63 (powers to remove persons attending or preparing 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 subsection (4).

(7)In section 69 (powers to remove persons committing or participating 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)E+W

32In Schedule 2 to the Reserve Forces Act 1996 (deserters and absentees without leave), omit paragraph 2(1).E+W

Confiscation of Alcohol (Young Persons) Act 1997 (c. 33)E+W

33In section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (confiscation of alcohol), omit subsection (5).E+W

Crime and Disorder Act 1998 (c. 37)E+W

34In section 31 of the Crime and Disorder Act 1998 (racially or religiously aggravated public order offences), omit subsections (2) and (3).E+W

Criminal Justice and Police Act 2001 (c. 16)E+W

35In the Criminal Justice and Police Act 2001—E+W

(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 prostitution advertising to public structures), omit subsection (3).

Anti-social Behaviour Act 2003 (c. 38)E+W

36In the Anti-social Behaviour Act 2003—E+W

(a)in section 4 (closure of premises: offences), omit subsection (5),

(b)in section 32 (supplementary provisions about powers relating to dispersal of groups and removal of persons under 16 to their homes), omit subsection (3).

Hunting Act 2004 (c. 37)E+W

37Section 7 of the Hunting Act 2004 (arrest) shall cease to have effect.E+W

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