Search Legislation

Serious Crime Act 2007

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Serious Crime Act 2007. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

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):

Commencement Orders yet to be applied to the Serious Crime Act 2007

 Help about changes and effects
Close

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 legislation that affects this Act into force:

Prospective

Section 74(3)

SCHEDULE 9E+W+S+N.I.Transfers to SOCA or NPIA

This schedulenoteType=Explanatory Notes has no associated

InterpretationE+W+S+N.I.

1In this Schedule—E+W+S+N.I.

  • the Agency” means the Assets Recovery Agency;

  • the Director” means the Director of the Assets Recovery Agency;

  • NPIA” means the National Policing Improvement Agency; and

  • transfer scheme” means a scheme made by the Secretary of State under this Schedule.

Director and staff of AgencyE+W+S+N.I.

2(1)A transfer scheme may provide for a person who is the Director or a member of staff of the Agency to become an employee of SOCA or NPIA.E+W+S+N.I.

(2)If the person had a contract of employment before becoming an employee of SOCA or NPIA, the scheme may provide for that contract to have effect (subject to any necessary modifications) as if originally made between him and SOCA or (as the case may be) NPIA.

(3)If the person did not have a contract of employment, the scheme may provide for the terms and conditions of his appointment or service to have effect (subject to any necessary modifications) as the terms and conditions of his contract of employment with SOCA or (as the case may be) NPIA.

3(1)A transfer scheme may provide—E+W+S+N.I.

(a)for any secondment by virtue of which a person serves as the Director or a member of staff of the Agency to have effect as a secondment to SOCA or NPIA; and

(b)for him to serve as a member of the staff of SOCA or (as the case may be) NPIA.

(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 SOCA or (as the case may be) NPIA.

4(1)A transfer scheme may provide—E+W+S+N.I.

(a)for the transfer to SOCA or (as the case may be) NPIA of the rights, powers, duties and liabilities of the employer under or in connection with the contract of employment of a person who becomes a member of the staff of SOCA or NPIA 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 treated as having been done by, or in relation to, SOCA or (as the case may be) NPIA.

(2)Sub-paragraph (1) applies with the necessary modifications in relation to a person who before becoming a member of the staff of SOCA or NPIA—

(a)did not have a contract of employment; or

(b)held an appointment by virtue of a secondment.

(3)A transfer scheme may make provision for periods before a person became an employee of SOCA or NPIA to count as periods of employment with SOCA or (as the case may be) NPIA (and for the operation of the scheme not to be treated as having interrupted the continuity of that employment).

5(1)A transfer scheme may provide for a person who—E+W+S+N.I.

(a)is the Director or a member of staff of the Agency; and

(b)would otherwise become a member of the staff of SOCA or NPIA by the operation of the scheme;

not to become a member of the staff of SOCA or (as the case may be) NPIA 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 treated (whether by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.

6(1)A transfer scheme may provide for the termination of an appointment as the Director or a member of staff of the Agency.E+W+S+N.I.

(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.E+W+S+N.I.

7(1)A transfer scheme may provide for the transfer to SOCA or NPIA of property, rights and liabilities of the Director or the Agency.E+W+S+N.I.

(2)The scheme may create rights, or impose liabilities, in relation to property, rights and liabilities transferred by virtue of the scheme.

(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 or (as the case may be) NPIA or members of the staff of NPIA;

(b)continued by or in relation to SOCA or members of the staff of SOCA or (as the case may be) NPIA or members of the staff of NPIA.

(4)This sub-paragraph applies to—

(a)the Director;

(b)members of staff of the Agency.

(5)The scheme may, in particular, make provision about the continuation of legal proceedings.

8A transfer scheme may provide for SOCA or NPIA to make any payment which—E+W+S+N.I.

(a)before a day specified in the scheme could have been made by the Director or a member of staff of the Agency; but

(b)is not a liability which can be transferred by virtue of paragraph 7.

SupplementaryE+W+S+N.I.

9(1)A transfer scheme may contain—E+W+S+N.I.

(a)further provision in connection with any of the matters to which paragraphs 2 to 8 relate;

(b)the provision mentioned in sub-paragraph (3).

(2)The provision which may be made under sub-paragraph (1)(a) includes 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 requiring determination 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).

10Before making a transfer scheme which contains any provision relating to the Director or the members of staff of the Agency, the Secretary of State must consult such bodies appearing to represent the interests of the persons concerned as he considers appropriate.E+W+S+N.I.

11A transfer scheme is not an order of the Secretary of State for the purposes of section 89.E+W+S+N.I.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources