The Serious Organised Crime and Police Act 2005 (Application and Modification of Certain Enactments to Designated Staff of SOCA) Order 2006

Cited as:SI 2006/987
Jurisdiction:UK Non-devolved

2006No. 987

SERIOUS ORGANISED CRIME AGENCY

The Serious Organised Crime and Police Act 2005 (Application and Modification of Certain Enactments to Designated Staff of SOCA) Order 2006

29thMarch2006

1stApril2006

This Order is made in exercise of the powers conferred by sections 52(1) and 172(2) of the Serious Organised Crime and Police Act 2005 1.

The Secretary of State has consulted the Scottish Ministers in accordance with section 52(6) of that Act.

A draft of this instrument has been approved by a resolution of each House of Parliament.

Accordingly, the Secretary of State makes the following Order:-

PART 1

GENERAL

Citation, commencement and interpretation

1.-

(1) This Order may be cited as the Serious Organised Crime and Police Act 2005 (Application and Modification of Certain Enactments to Designated Staff of SOCA) Order 2006 and shall come into force either on 1st April 2006 or the day after the day on which it is made, whichever is the later.

(2) In this Order, the "2005 Act" means the Serious Organised Crime and Police Act 2005.

PART 2

DESIGNATION WITH THE POWERS OF A CONSTABLE

Interpretation of Part 2

2.In this Part "designated person" means a member of the staff of SOCA designated as having the powers of a constable under section 43(1)(a) of the 2005 Act.

Application of the Police and Criminal Evidence Act 1984 to designated persons

3.The Police and Criminal Evidence Act 1984 2 applies in relation to-

(a) designated persons, and(b) the exercise of powers by such persons under Chapter 2 of Part 1 of the 2005 Act,

with the modifications set out in Schedule 1.

Application of the Anti-social Behaviour Act 2003 to designated persons

4.-

(1) Part 1 of the Anti-social Behaviour Act 2003 (premises where drugs are used unlawfully) 3 applies in relation to-

(a) designated persons, and(b) the exercise of powers by such persons under Chapter 2 of Part 1 of the 2005 Act,

with the modifications set out in this article.

(2) In sections 1(1) (closure notice) and 5(2) (extension and discharge of closure order) for the words "a police officer not below the rank of superintendent" there is substituted "a designated person not below grade 2".

(3) For section 9(2) (exemption from liability for certain damages) there is substituted-

(2) SOCA is not liable for relevant damages in respect of anything done or omitted to be done by a designated person under its direction or control in the performance or purported performance of the designated person's functions (by virtue of section 46 of the Serious Organised Crime and Police Act 2005) under this Part..

(4) After section 11(10) (interpretation) insert-

(10A) In this Part "designated person" means a member of the staff of SOCA designated as having the powers of a constable under section 43(1)(a) of the Serious Organised Crime and Police Act 2005..

PART 3

DESIGNATION AS HAVING THE POWERS OF AN IMMIGRATION OFFICER

Interpretation of Part 3

5.In this Part "designated person" means a member of the staff of SOCA designated as having the powers of an immigration officer under section 43(1)(c) of the 2005 Act.

Application of the Immigration Act 1971 to designated persons

6.The Immigration Act 1971 4 applies in relation to-

(a) designated persons, and(b) the exercise of powers by such persons under Chapter 2 of Part 1 of the 2005 Act,

with the modifications set out in Schedule 2.

Application of the Immigration and Asylum Act 1999 to designated persons

7.-

(1) The Immigration and Asylum Act 1999 5 applies in relation to-

(a) designated persons, and(b) the exercise of powers by such persons under Chapter 2 of Part 1 of the 2005 Act,

with the modifications set out in this article.

(2) In section 141(11) and (12)(b) (fingerprinting) for the words "chief immigration officer" there is substituted "designated person of grade 4".

(3) In section 143(11) and (12) (destruction of fingerprints) for "Secretary of State" there is substituted "Director General of SOCA".

(4) In section 167(2) (interpretation)-

(a) after "certificate of entitlement" insert "designated person", and(b) after "port" insert "SOCA".

Paul Goggins

Parliamentary Under-Secretary of State

Home Office

29th March 2006

SCHEDULE 1

Article 3

Modifications in the Application of the Police and Criminal Evidence Act 1984 to Designated Persons

1.Except where the contrary intention appears, for any reference to "police officer" or "officer" (in the context of a police officer) there is substituted "designated person".

2.-

(1) For section 2(2)(i) (provisions relating to search etc.) there is substituted-

(i) documentary evidence that he is a designated person; and.

(2) In section 2(2)(ii) omit the words "whether he is in uniform or not,".

(3) In section 2(3)(a) and (6)(b) for the words "of the police station" there is substituted "and location of the SOCA office".

(4) In section 2(6)(c) for the words "police station" there is substituted "SOCA office".

(5) In section 2(9)-

(a) in paragraph (a), for the word "constable" there is substituted "designated person".(b) in paragraph (b), after the word "uniform" insert "or a designated person".

3.Section 4 (road checks) is omitted.

4.-

(1) In section 16(3A) 6 and (3B) 7 (execution of warrants) for the words "police officer of at least the rank of inspector" there is substituted "designated person of at least grade 3".

(2) In section 16(5)(a) for the words ", if not in uniform, shall produce to him documentary evidence that he is a constable" there is substituted "shall produce to him documentary evidence that he is a designated person".

5.For section 17(3) 8 (entry for purpose of arrest) there is substituted-

(3) The powers of entry and search conferred by this section shall not be exercisable for the purposes specified in subsection (1)(c)(ii) and (iv) by a designated person..

6.-

(1) In section 18(4) and (6) (entry and search after arrest) for the words "an officer of the rank of inspector" there is substituted "a designated person of grade 3".

(2) Subsections (7) and (8) of section 18 are omitted.

7.In section 21(3)(b) (access and copying) for the words "the police" there is substituted "SOCA".

8.In section 22(6) 9 (retention) for the words "the police" there is substituted "SOCA".

9.In section 27(1) (fingerprinting of certain offenders)-

(a) in paragraph (c)(i) for the words "the police" there is substituted "SOCA"; and(b) after the words "police station" insert "or SOCA office".

10.In section 29 (voluntary attendance at police station etc.) after the words "police station", on each occasion they appear, insert ", SOCA office".

11.In section 30(4) (arrest elsewhere than at police station) after paragraph (b), insert-

(c) to a designated person.

12.-

(1) Subsections (2)(a) 10, (3) and (5) of section 41 (limits on period of detention without charge) are omitted.

(2) For section 41(2)(b)(i) there is substituted-

(i) the time at which that person arrives at the first police station to which he is taken in England or Wales; or.

(3) In section 41(2)(d) omit the words ", except where subsection (5) below applies,".

13.Section 43 (warrants of further detention) is omitted.

14.In section 61(3)(b) 11, (3A) 12 and (4) 13 (fingerprinting) for the words "the police" there is substituted "SOCA".

15.In section 61A 14(3)(b) and (4) (impressions of footwear) for the words "the police" there is substituted "SOCA".

16.In section 63(2C)(a) 15 and (3A)(b) 16 (other samples) for the words "the police" there is substituted "SOCA".

17.-

(1) In section 63A(4) 17 (fingerprints and samples: supplementary provisions)-

(a) after the words "police station" insert "or SOCA office"; and(b) in paragraph (a) for the words "the police" there is substituted "SOCA".

(2) In section 63A(5) after the words "police station" insert "or SOCA office".

(3) For section 63A(8)(b) there is substituted-

(b) in the case of a person falling within subsection (4)(b), the designated person in charge of the investigation of the offence of which he was convicted.

18.In section 63B(10) 18 (testing for presence of Class A drugs) in the definition of "appropriate...

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