Serious Organised Crime and Police Act 2005

Valid from 01/04/2006

Regulation of Investigatory Powers Act 2000 (c. 23) E+W

131 E+W The Regulation of Investigatory Powers Act 2000 has effect subject to the following amendments.

132 (1) Section 6 (application for issue of an interception warrant) is amended as follows. E+W

(2) In subsection (2)(d) for “National Criminal Intelligence Service” substitute “ Serious Organised Crime Agency ”.

(3) In subsection (3) after “specified in” insert “ paragraph (a), (b), (c), (e), (f), (g), (h), (i) or (j) ”.

133 (1) In section 17(3) (exclusion of matters from legal proceedings) for paragraphs (c) and (d) substitute— E+W

“(c) any member of the staff of the Serious Organised Crime Agency;”.

(2) Sub-paragraph (1) does not affect the operation of section 17 in relation to conduct by any member of the National Criminal Intelligence Service or the National Crime Squad which took place before the commencement of this paragraph.

134 (1) In section 19(2) (unauthorised disclosures) for paragraphs (c) and (d) substitute— E+W

“(c) every member of the staff of the Serious Organised Crime Agency;”.

(2) Sub-paragraph (1) does not affect the operation of section 19 in relation to any person's service as a member of the National Criminal Intelligence Service or the National Crime Squad before the commencement of this paragraph.

135 (1) Section 25 (interpretation) is amended as follows. E+W

(2) In subsection (1), in the definition of “relevant public authority”, for paragraphs (b) and (c) substitute—

“(b) the Serious Organised Crime Agency;”.

(3) After subsection (3) insert—

“(3A) References in this Chapter to an individual holding an office or position with the Serious Organised Crime Agency include references to any member of the staff of that Agency.”

(4) For subsections (4) and (5) substitute—

“(4) The Secretary of State may by order—

(a) remove any person from the list of persons who are for the time being relevant public authorities for the purposes of this Chapter; and

(b) make such consequential amendments, repeals or revocations in this or any other enactment as appear to him to be necessary or expedient.

(5) The Secretary of State shall not make an order under this section—

(a) that adds any person to the list of persons who are for the time being relevant public authorities for the purposes of this Chapter, or

(b) that by virtue of subsection (4)(b) amends or repeals any provision of an Act,

unless a draft of the order has been laid before Parliament and approved by a resolution of each House.”

136 E+W In section 32(6) (authorisation of intrusive surveillance) for paragraphs (k) and (l) substitute—

“(k) the Director General of the Serious Organised Crime Agency and any member of the staff of that Agency who is designated for the purposes of this paragraph by that Director General;”.

137 (1) Section 33 (rules for grant of authorisation) is amended as follows. E+W

(2) In subsection (1)—

(a) omit “, the National Criminal Intelligence Service or the National Crime Squad”, and

(b) omit “, Service or Squad”.

(3) After subsection (1) insert—

“(1A) A person who is a designated person for the purposes of section 28 or 29 by reference to his office or position with the Serious Organised Crime Agency shall not grant an authorisation under that section except on an application made by a member of the staff of the Agency.”

(4) In subsection (3)—

(a) omit “, the National Criminal Intelligence Service or the National Crime Squad”, and

(b) omit (in both places) “, Service or Squad”.

(5) After subsection (3) insert—

“(3A) The Director General of the Serious Organised Crime Agency or a person designated for the purposes of section 32(6)(k) by that Director General shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by a member of the staff of the Agency.”

(6) In subsection (5)(a) for “the National Criminal Intelligence Service or the National Crime Squad,” substitute “ a member of the staff of the Serious Organised Crime Agency, ”.

(7) In subsection (6)—

(a) in paragraph (e) omit “and also of the National Criminal Intelligence Service”, and

(b) omit paragraph (f).

138 (1) Section 34 (grant of authorisations in absence of senior officer) is amended as follows. E+W

(2) In subsection (1)(a) for “of the National Criminal Intelligence Service or of the National Crime Squad” substitute “ a member of the staff of the Serious Organised Crime Agency ”.

(3) In subsection (2)(a) for “, Service or Squad” substitute “ or Agency ”.

(4) In subsection (4) for paragraphs (j) and (k) substitute—

“(j) a person is entitled to act for the Director General of the Serious Organised Crime Agency if he is a person designated for the purposes of this paragraph by that Director General as a person entitled so to act in an urgent case;”.

(5) Omit subsection (5).

(6) Omit subsection (6)(c).

139 (1) Section 35 (notification of certain authorisations) is amended as follows. E+W

(2) In subsection (1) for “police, customs” substitute “ police, SOCA, customs ”.

(3) In subsection (10)—

(a) for “police, customs” substitute “ police, SOCA, customs ”, and

(b) in paragraph (a) for “, the National Criminal Intelligence Service or the National Crime Squad” substitute “ or the Serious Organised Crime Agency ”.

140 (1) Section 36 (approval required for authorisations to take effect) is amended as follows. E+W

(2) In subsection (1) for paragraphs (b) and (c) substitute—

“(b) a member of the staff of the Serious Organised Crime Agency;”.

(3) In subsection (6)—

(a) in paragraph (b) for “National Criminal Intelligence Service or the Director General of the National Crime Squad,” substitute “ Serious Organised Crime Agency, ”, and

(b) for paragraphs (d) and (e) substitute—

“(d) where the authorisation was granted by a person designated for the purposes of section 32(6)(k), or by a person entitled to act for the Director General of the Serious Organised Crime Agency by virtue of section 34(4)(j), that Director General;”.

141 E+W In section 37(1) (quashing of police and customs authorisations) for paragraphs (b) and (c) substitute—

“(b) a member of the staff of the Serious Organised Crime Agency;”.

142 E+W In section 40 (duty to provide information to Surveillance Commissioners) for paragraphs (b) and (c) substitute—

“(b) every member of the staff of the Serious Organised Crime Agency,”.

143 E+W In section 45(6) (cancellation of authorisations)—

(a) at the end of paragraph (b) insert “ and ”, and

(b) omit paragraphs (d) and (e).

144 E+W In section 46(3) (restriction on authorisations extending to Scotland) after paragraph (da) insert—

“(db) the Serious Organised Crime Agency;”.

145 E+W In section 49(1)(e) (notices requiring disclosure) after “the police” (in both places) insert “ , SOCA ”.

146 (1) Section 51 (cases in which key required) is amended as follows. E+W

(2) In subsection (2)—

(a) for “the police, the customs” substitute “ the police, SOCA, the customs ”, and

(b) after paragraph (a) insert—

“(aa) in the case of a direction by SOCA, except by or with the permission of the Director General of the Serious Organised Crime Agency;”.

(3) In subsection (3) after “of police,” insert “ the Director General of the Serious Organised Crime Agency, ”.

(4) In subsection (6) after “of police,” insert “ by the Director General of the Serious Organised Crime Agency, ”.

147 E+W In section 54(3) (tipping-off) after “police” (in both places) insert “ SOCA, ”.

148 (1) Section 55 (duties of specified authorities) is amended as follows. E+W

(2) In subsection (1) after paragraph (b) insert—

“(ba) the Director General of the Serious Organised Crime Agency;”.

(3) After subsection (3) insert—

“(3A) Paragraph 11 of Schedule 1 to the Serious Organised Crime and Police Act 2005 does not apply in relation to the duties of the Director General of the Serious Organised Crime Agency under this section.”

149 E+W In section 56(1) (interpretation)—

(a) in the definition of “chief officer of police” omit paragraphs (j) and (k),

(b) in paragraph (a) of the definition of “the police” after “constable” insert “ (except a constable who is a member of the staff of the Serious Organised Crime Agency) ”, and

(c) after the definition of “section 49 notice” insert—

““SOCA” means the Serious Organised Crime Agency or any member of the staff of the Serious Organised Crime Agency;”.

150 E+W In section 58(1) (co-operation with Commissioner) for paragraphs (b) and (c) substitute—

“(b) every member of the staff of the Serious Organised Crime Agency,”.

151 E+W In section 65(6) (the Tribunal) for paragraphs (d) and (e) substitute—

“(d) the Serious Organised Crime Agency; or”.

152 E+W In section 68(7) (disclosure to Tribunal) for paragraphs (b) and (c) substitute—

“(b) every member of the staff of the Serious Organised Crime Agency;”.

153 E+W In section 75(6) (authorisations under Part 3 of Police Act 1997) omit paragraph (b).

154 (1) Section 76A (foreign surveillance operations) is amended as follows. E+W

(2) In subsection (6)(a) for “National Criminal Intelligence Service” substitute “ Serious Organised Crime Agency ”.

(3) In subsection (11), in the definition of “United Kingdom officer”—

(a) in paragraph (b) for “National Criminal Intelligence Service” substitute “ staff of the Serious Organised Crime Agency ”, and

(b) in paragraph (c) omit “the National Crime Squad or”.

155 (1) In Schedule 1 (relevant authorities) for paragraphs 2 and 3 substitute— E+W

“2 The Serious Organised Crime Agency.”

156 (1) Schedule 2 (persons having appropriate permission) is amended as follows. E+W

(2) In paragraph 2—

(a) in sub-paragraph (3) after “the police” insert “ , SOCA ”, and

(b) in sub-paragraph (5) after “Only the police” insert “ , SOCA ”.

(3) In paragraph 4(2) after “the police,” (in each place) insert “ SOCA, ”.

(4) In paragraph 5(3)(b) after “police” insert “ , SOCA ”.

(5) In paragraph 6—

(a) after sub-paragraph (3) insert—

“(3A) A member of the staff of the Serious Organised Crime Agency does not by virtue of paragraph 1, 4 or 5 have the appropriate permission in relation to any protected information unless permission to give a section 49 notice in relation to that information has been granted—

(a) by the Director General; or

(b) by a member of the staff of the Agency of or above such level as the Director General may designate for the purposes of this sub-paragraph.”; and

(b) after sub-paragraph (5) add—

“(6) In sub-paragraph (2) “constable” does not include a constable who is a member of the staff of the Serious Organised Crime Agency.”