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The Armed Forces (Tri-Service Serious Crime Unit) (Consequential Amendments) Regulations 2022

S.I. 2022/1051 · Made 12 October 2022

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Defence

Made 12th October 2022

Laid before Parliament 17th October 2022

Coming into force 5th December 2022

The Secretary of State, in exercise of the power conferred by section 12(6) of the Armed Forces Act 2021f1, makes the following Regulations.

Annotations to the whole text

Footnotes

f1

2021 (c. 35).

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment of the Crime and Disorder Strategies (Prescribed Descriptions) (England) Order 2004
  3. 3Amendment of the Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2009
  4. 4Amendment of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009
  5. 5Amendment of the Armed Forces (Custody Without Charge) Regulations 2009
  6. 6Amendment of the Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009
  7. 7Amendment of the Armed Forces (Disposal of Property) Regulations 2009
  8. 8Amendment of the Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009
  9. 9The Crime and Disorder Strategies (Prescribed Descriptions) (Wales) Order 2009
  10. 10Amendment of the Police Act 1997 (Criminal Records) (Scotland) Regulations 2010
  11. 11Amendment of the Regulation of Investigatory Powers (Prescription of Offices, etc. and Specification of Public Authorities) (Scotland) Order 2010
  12. 12Amendment of the Police Act 1997 (Criminal Records) (Registration) (Scotland) Regulations 2010
  13. 13Amendment of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010
  14. 14Amendment of the Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010
  15. 15Amendment of the Protection of Freedoms Act 2012 (Relevant Official Records) Order 2012
  16. 16Amendment of the Armed Forces (Retrial for Serious Offences) Order 2013
  17. 17Amendment of the Regulation of Investigatory Powers (Covert Human Intelligence Sources: Relevant Sources) Order 2013
  18. 18Amendment of the Regulation of Investigatory Powers (Authorisation of Covert Human Intelligence Sources) (Scotland) Order 2014
  19. 19Amendment of the Criminal Justice (Armed Forces Code of Practice for Victims of Crime) Regulations 2015
  20. 20Amendment of the Charities (Disclosure of Information to Designated Bodies) (Scotland) Order 2020
  21. 21Amendment of the Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021
  22. Signature
  23. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Armed Forces (Tri-Service Serious Crime Unit) (Consequential Amendments) Regulations 2022.

(2)

These Regulations come into force on 5th December 2022.

(3)

An amendment made by these Regulations has the same extent as the provision being amended.

2Amendment of the Crime and Disorder Strategies (Prescribed Descriptions) (England) Order 2004

(1)

The Crime and Disorder Strategies (Prescribed Descriptions) (England) Order 2004f1 is amended as follows.

(2)

In article 3—

(a)

in paragraph (4), after “Royal Air Force Police” insert “, the tri-service serious crime unit”;

(b)

after paragraph (4), insert—

“(5)

In paragraph (4) above, “tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006f2.”.

3Amendment of the Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2009

(1)

The Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2009f1 is amended as follows.

(2)

In article 1, in paragraph (2), after the definition of “service police force”, insert—

  • ““tri-service serious crime unit” means the unit described in section 375(1A) of the 2006 Act.”;

(3)

In the Schedule—

(a)

in paragraph 2(1)—

(i)

in the definition of “disclosure officer”, in sub-paragraph (a), after “service police force”, insert “or the tri-service serious crime unit”;

(ii)

at the end insert—

  • ““tri-service serious crime unit” means the unit described in section 375(1A) of the 2006 Act”;

(b)

in paragraph 3—

(i)

in sub-paragraph (1), after “service police force”, insert “or the tri-service serious crime unit”;

(ii)

in sub-paragraph (3), for “is”, in the first place it appears, substitute “and the Provost Marshal for serious crime are”;

(iii)

in sub-paragraph (7), after “service police force concerned”, insert “, or, as the case may be, the tri-service serious crime unit,”.

4Amendment of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

(1)

The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009f1 is amended as follows.

(2)

In article 49(2), in sub-paragraph (a), after “service police force” insert “or the tri-service serious crime unit”.

5Amendment of the Armed Forces (Custody Without Charge) Regulations 2009

(1)

The Armed Forces (Custody Without Charge) Regulations 2009f1 are amended as follows.

(2)

In regulation 10(5), for “or by a service police force” substitute “, by a service police force or the tri-service serious crime unit”.

6Amendment of the Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009

(1)

The Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009f1 is amended as follows.

(2)

In article 2(1), at the end, insert—

  • ““tri-service serious crime unit” means the unit described in section 375(1A) of the Act.”.

(3)

In article 14(3), after sub-paragraph (j) insert—

“(ja)

“the tri-service serious crime unit;”.

(4)

In article 15A—

(a)

in paragraph (2), after “service police force”, insert “or the Provost Marshal for serious crime”;

(b)

in paragraph (5), after “service police force”, insert “or the Provost Marshal for serious crime”.

(5)

In article 15J(1) and (2), after “service police force”, insert “or the tri-service serious crime unit”.

(6)

In article 15K—

(a)

in paragraph (2), after “service police force”, insert “or the Provost Marshal for serious crime”;

(b)

in paragraph (6), after “service police force”, insert “or the Provost Marshal for serious crime”.

7Amendment of the Armed Forces (Disposal of Property) Regulations 2009

(1)

The Armed Forces (Disposal of Property) Regulations 2009f1 are amended as follows.

(2)

In regulation 2—

(a)

in the definition of “service police” after “police force” insert “or the tri service serious crime unit”;

(b)

in the definition of “service policeman” for “such a” substitute “a service police”.

8Amendment of the Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009

(1)

The Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009f1 are amended as follows.

(2)

In regulation 2(1), in the definition of “case papers”, in paragraphs (a), (b) and (c), after “service police force” insert “or the tri-service serious crime unit”.

9The Crime and Disorder Strategies (Prescribed Descriptions) (Wales) Order 2009

(1)

The Crime and Disorder Strategies (Prescribed Descriptions) (Wales) Order 2009f1 is amended as follows.

(2)

In article 3—

(a)

in paragraph (3), after “Royal Air Force Police”, insert “, the tri-service serious crime unit”;

(b)

after paragraph (3), insert—

“(4)

In paragraph (3), “tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.”.

10Amendment of the Police Act 1997 (Criminal Records) (Scotland) Regulations 2010

(1)

The Police Act 1997 (Criminal Records) (Scotland) Regulations 2010f1 are amended as follows.

(2)

In regulation 2—

(a)

renumber the existing paragraph as (1);

(b)

after paragraph (1) (as renumbered by sub-paragraph (a)) insert—

“(2)

In these Regulations “tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.”.

(3)

In regulation 8(1)(c), for “or the Royal Air Force Police” substitute “, the Royal Air Force Police or the tri-service serious crime unit”.

(4)

In regulation 16(2), after sub-paragraph (c), insert—

“(ca)

the Provost Marshal for Serious Crime;”.

11Amendment of the Regulation of Investigatory Powers (Prescription of Offices, etc. and Specification of Public Authorities) (Scotland) Order 2010

(1)

The Regulation of Investigatory Powers (Prescription of Offices, etc. and Specification of Public Authorities) (Scotland) Order 2010f1 is amended as follows.

(2)

In article 1(2)—

(a)

in the definition of “relevant source”—

(i)

at the end of paragraph (i), omit “or”;

(ii)

at the end of paragraph (j), for “and” substitute “or”;

(iii)

after paragraph (j), insert—

“(k)

the tri-service serious crime unit;”;

(b)

after the definition of “source” insert—

  • ““tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.”.

12Amendment of the Police Act 1997 (Criminal Records) (Registration) (Scotland) Regulations 2010

(1)

The Police Act 1997 (Criminal Records) (Registration) (Scotland) Regulations 2010f1 are amended as follows.

(2)

In regulation 7, after paragraph (c) insert—

“(ca)

the Provost Marshal for Serious Crime;”.

13Amendment of the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010

(1)

The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010f1 is amended as follows.

(2)

In article 1(3), after the definition for “source”, insert—

  • ““tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.”.

(3)

In Part 1A of the Schedule, in the table, after the row for the Royal Air Force Police, insert—

“

The tri-service serious crime unit

Relevant Source Authorisation: Squadron Leader, Major, or Lieutenant Commander

Long Term Authorisation: Provost Marshal for serious crime

Squadron Leader, Major, or Lieutenant CommanderParagraphs (a), (b) and (c)Paragraphs (a), (b) and (c)

”

14Amendment of the Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010

(1)

The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010f1 is amended as follows.

(2)

In article 2—

(a)

in the definition of “police force”, after sub-paragraph (f), insert—

“(fa)

 the tri-service serious crime unit;”;

(b)

at the end, insert—

  • ““tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.”.

(3)

In article 3—

(a)

in paragraph (2B), after sub-paragraph (f) insert—

“(fa)

 the tri-service serious crime unit;”;

(b)

in paragraph (4), at the end insert “but is also to include the tri-service serious crime unit”;

(c)

in paragraph (6), after paragraph (c), insert—

“(ca)

the Provost Marshal for Serious Crime;”.

15Amendment of the Protection of Freedoms Act 2012 (Relevant Official Records) Order 2012

(1)

The Protection of Freedoms Act 2012 (Relevant Official Records) Order 2012f1 is amended as follows.

(2)

In article 1(2), at the end, insert—

  • ““tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.”.

(3)

In article 2, after paragraph (f), insert—

“(fa)

 records kept by the tri-service serious crime unit for the use of members of a service police force;”.

(4)

In article 3, after paragraph (f) insert—

“(fa)

 the Provost Marshal for serious crime in relation to the records kept by the tri-service serious crime unit for the use of members of a service police force;”.

16Amendment of the Armed Forces (Retrial for Serious Offences) Order 2013

(1)

The Armed Forces (Retrial for Serious Offences) Order 2013f1 is amended as follows.

(2)

In article 7(11), in the definition of “case papers”, in paragraphs (a), (b) and (c), after “service police force”, insert “or the tri-service serious crime unit”.

17Amendment of the Regulation of Investigatory Powers (Covert Human Intelligence Sources: Relevant Sources) Order 2013

(1)

The Regulation of Investigatory Powers (Covert Human Intelligence Sources: Relevant Sources) Order 2013f1 is amended as follows.

(2)

In article 2—

(a)

in the definition of “relevant source”, after paragraph (i), insert—

“(ia)

the tri-service serious crime unit,”;

(b)

at the end, insert—

  • ““tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.”.

18Amendment of the Regulation of Investigatory Powers (Authorisation of Covert Human Intelligence Sources) (Scotland) Order 2014

(1)

The Regulation of Investigatory Powers (Authorisation of Covert Human Intelligence Sources) (Scotland) Order 2014f1 is amended as follows.

(2)

In Article 2—

(a)

in the definition of “relevant source”, after paragraph (g), insert—

“(ga)

the tri-service serious crime unit;”;

(b)

after the definition of “the Act”, insert—

  • ““tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.”.

19Amendment of the Criminal Justice (Armed Forces Code of Practice for Victims of Crime) Regulations 2015

(1)

The Criminal Justice (Armed Forces Code of Practice for Victims of Crime) Regulations 2015f1 are amended as follows.

(2)

In paragraph 319 of the Schedule—

(a)

in the definition of “Service police”, for “or the Royal Air Force Police” substitute “the Royal Air Force Police, or the tri-service serious crime unit”;

(b)

after the definition of “Trial” insert—

  • ““Tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.”.

20Amendment of the Charities (Disclosure of Information to Designated Bodies) (Scotland) Order 2020

(1)

The Charities (Disclosure of Information to Designated Bodies) (Scotland) Order 2020f1 is amended as follows.

(2)

In the Schedule, within the section of the list headed “Police forces”, after the entry for “The Provost Marshal of the Royal Air Force Police”, insert “The Provost Marshal for serious crime”.

21Amendment of the Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021

(1)

The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021f1 is amended as follows.

(2)

In article 3, in the definition of “chief officer”, at the end, insert—

“(d)

the Provost Marshal for serious crime.”.

Signature

Sarah Atherton

Parliamentary Under Secretary of State

Ministry of Defence

12th October 2022

Explanatory note

(This note is not part of the Regulations)

These Regulations make amendments to the following instruments that are consequential upon the enactment of section 12 of the Armed Forces Act 2021 (c. 35) (framework for establishment of the tri-service serious crime unit) and the establishment of the tri-service serious crime unit—

  • The Crime and Disorder Strategies (Prescribed Descriptions) (England) Order 2004 (S.I. 2004/118)

  • The Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2009 (S.I. 2009/989)

  • The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059)

  • The Armed Forces (Custody Without Charge) Regulations 2009 (S.I. 2009/1097)

  • The Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009 (S.I. 2009/1922)

  • The Armed Forces (Disposal of Property) Regulations 2009 (S.I. 2009/1923)

  • The Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009 (S.I. 2009/2055)

  • The Crime and Disorder Strategies (Prescribed Descriptions) (Wales) Order 2009 (S.I. 2009/3050 (W. 267))

  • The Police Act 1997 (Criminal Records) (Scotland) Regulations 2010 (S.S.I. 2010/168)

  • The Regulation of Investigatory Powers (Prescription of Offices, etc. and Specification of Public Authorities) (Scotland) Order 2010 (S.S.I. 2010/350)

  • The Police Act 1997 (Criminal Records) (Registration) (Scotland) Regulations 2010 (S.S.I 2010/383)

  • The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 (S.I. 2010/521)

  • The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010 (S.I. 2010/2660)

  • The Protection of Freedoms Act 2012 (Relevant Official Records) Order 2012 (S.I. 2012/2279)

  • The Armed Forces (retrial for Serious Offences) Order 2013 (S.I. 2013/1852)

  • The Regulation of Investigatory Powers (Covert Human Intelligence Sources: Relevant Sources) Order 2013 (S.I. 2013/2788)

  • The Regulation of Investigatory Powers (Authorisation of Covert Human Intelligence Sources) (Scotland) Order 2014

  • The Criminal Justice (Armed Forces Code of Practice for Victims of Crime) Regulations 2015 (S.I. 2015/1811)

  • The Charities (Disclosure of Information to Designated Bodies) (Scotland) Order 2020 (S.S.I. 2020/435)

  • The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458)

A full impact assessment has not been prepared for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.