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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Serious Organised Crime and Police Act 2005 (Application and Modification of Certain Enactments to Designated Staff of SOCA) Order 2006 No. 987 URL: http://www.bailii.org/uk/legis/num_reg/2006/20060987.html |
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| Made | 29th March 2006 | ||
| Coming into force | 1st April 2006 |
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—
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—
(4) After section 11(10) (interpretation) insert—
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—
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)—
Paul Goggins
Parliamentary Under-Secretary of State
Home Office
29th March 2006
(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)—
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—
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)—
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—
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—
(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)—
(2) In section 63A(5) after the words "police station" insert "or SOCA office".
(3) For section 63A(8)(b) there is substituted—
18.
In section 63B(10)[18] (testing for presence of Class A drugs) in the definition of "appropriate adult" in paragraph (c) after the words "police officer" insert ", a member of the staff of SOCA".
19.
—(1) In section 64(5)(b)[19] (destruction of fingerprints and samples) for the words "any chief officer of police controlling access to computer data relating to the fingerprints or impressions of footwear" there is substituted "if the Director General of SOCA controls access to the computer data relating to the fingerprints or impressions of footwear, he".
(2) In section 64(6A)[20] for the words "responsible chief officer of police" there is substituted "Director General of SOCA".
20.
In section 77(3) (confessions by mentally handicapped persons) in the definition of "independent person" at the end insert "or a member of the staff of SOCA".
21.
In section 118(1) (general interpretation), after the definition of—
7.
In paragraph 1(5) of Schedule 2 omit the words "for the purpose of satisfying himself whether there are persons he may wish to examine under paragraph 2 below" and at the end insert "for the purpose of ascertaining whether there is any person who may be required to submit to examination under paragraph 2 below".
8.
In—
of Schedule 2, for the words "an immigration officer not below the rank of chief immigration officer" there is substituted "a designated person not below grade 4".
[6] Section 16(3A) was inserted by section 113(9)(a) of the 2005 Act.back
[7] Section 16(3B) was inserted by section 114(8)(b) of the 2005 Act.back
[8] Section 17(3) was amended by paragraph 53(b) of Schedule 10 to the Criminal Justice and Public Order Act 1994 (c. 33).back
[9] Section 22(6) was inserted by paragraph 80(1) and (3) of Schedule 14 to the Immigration and Asylum Act 1999.back
[10] Section 41(2) has been amended by section 12 of, and paragraphs 1 and 8 of Schedule 1 to, the Criminal Justice Act 2003 (c. 44).back
[11] Section 61(3) was substituted by section 9(1) and (2) of the Criminal Justice Act 2003.back
[12] Section 61(3A) was inserted by section 78(3) of the Criminal Justice and Police Act 2001 (c. 16) and has been amended by section 9(1) and (3) of the Criminal Justice Act 2003.back
[13] Section 61(4) was substituted by section 9(1) and (2) of the Criminal Justice Act 2003.back
[14] Section 61A was inserted by section 118(1) and (2) of the 2005 Act.back
[15] Section 63(2C) was inserted by section 10(1) and (2) of the Criminal Justice Act 2003.back
[16] Section 63(3A) was inserted by section 55(2) of the Criminal Justice and Public Order Act 1994 and has been amended by section 10(1) and (4) of the Criminal Justice Act 2003.back
[17] Section 63A was inserted by section 56 of the Criminal Justice and Public Order Act 1994.back
[18] Section 63B was inserted by section 57(1) and (2) of the Criminal Justice and Court Services Act 2000 (c. 43).back
[19] Section 64(5) was substituted by section 148 of the Criminal Justice Act 1988 (c. 33) and has been amended by section 118(1) and (4)(h) of the 2005 Act.back
[20] Section 64(6A) was inserted by section 148 of the Criminal Justice Act 1988 and has been amended by section 118(1) and (4)(j) of the 2005 Act.back
[21] Section 28C was inserted by section 130 of the Immigration and Asylum Act 1999.back
[22] Section 28CA was inserted by section 153(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41).back
[23] Section 28F was inserted by section 133 of the Immigration and Asylum Act 1999.back
[24] Section 28FA was inserted by section 154 of the Nationality, Immigration and Asylum Act 2002.back
[25] Section 28K was inserted by section 138 of the Immigration and Asylum Act 1999.back
[26] Paragraph 22(1A) was inserted by section 12(1) of, and paragraph 11(1) of Schedule 2 to, the Asylum and Immigration Act 1996 (c. 49).back
[27] Paragraph 25A was inserted by section 132(2) of the Immigration and Asylum Act 1999.back
[28] Paragraph 27C was inserted by section 19 of the Immigration and Asylum Act 1999.back
