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The Serious Organised Crime and Police Act 2005 (Commencement No. 4 and Transitory Provision) Order 2005

S.I. 2005/3495 · Made 18 December 2005

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.

POLICE, ENGLAND AND WALES

SERIOUS ORGANISED CRIME AGENCY

Made 18th December 2005

The Secretary of State makes the following Order in exercise of the powers conferred by section 178(8) and (10) of the Serious Organised Crime and Police Act 2005f1:

Annotations to the whole text

Footnotes

f1

2005 c. 15.

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Explanatory note

1

(1)

This Order may be cited as the Serious Organised Crime and Police Act 2005 (Commencement No. 4 and Transitory Provision) Order 2005.

(2)

In this Order “the 2005 Act” means the Serious Organised Crime and Police Act 2005.

2

(1)

Subject to paragraph (2), the following provisions of the 2005 Act shall come into force on 1st January 2006—

(a)

section 1(3) (power in relation to NCS and NCIS);

(b)

sections 8 to 10 (general duty; priorities; codes of practice);

(c)

sections 17 and 18 (grants);

(d)

section 27 (regulations);

(e)

section 39 (directions about prosecutions);

(f)

section 42 (interpretation of Chapter 1);

(g)

section 44(2) (designations);

(h)

section 52 (modification of enactments);

(i)

section 54 (interpretation of Chapter 2);

(j)

section 58 and Schedule 3 (transfers to SOCA);

(k)

section 59 (minor and consequential amendments relating to SOCA) in so far as it relates to the entry in Schedule 4 in paragraph (l) below;

(l)

paragraph 42 of Schedule 4 (amendment of s87 of the Road Traffic Regulation Act 1984);

(m)

sections 110 and 111 (powers of arrest) and Schedule 7 (powers of arrest: supplementary);

(n)

sections 113 and 114(1) to (8) (search warrants);

(o)

section 116 (photographing of suspects etc.) to the extent not already in force;

(p)

section 118 (impressions of footwear);

(q)

section 122(7) (powers of designated and accredited persons) in so far as it relates to the entry for Schedule 8 in paragraph (r) below;

(r)

Schedule 8 (powers of designated and accredited persons) to the extent not already in force;

(s)

section 174(1) (minor and consequential amendments, repeals and revocations) and Schedule 16 (remaining minor and consequential amendments (search warrants));

(t)

section 174(2) (minor and consequential amendments, repeals and revocations) in so far as it relates to the entries in Schedule 17 in paragraph (u) below; and

(u)

in Part 2 of Schedule 17 (repeals and revocations), the entries relating to—

(i)

the Unlawful Drilling Act 1819f1;

(ii)

the Vagrancy Act 1824f2;

(iii)

the Railway Regulation Act 1842f3;

(iv)

the Companies Clauses Consolidation Act 1845f4;

(v)

the Railway Clauses Consolidation Act 1845f5;

(vi)

the Licensing Act 1872f6;

(vii)

the Public Stores Act 1875f7;

(viii)

the London County Council (General Powers) Act 1894f8;

(ix)

the London County Council (General Powers) Act 1900f9;

(x)

the Licensing Act 1902f10;

(xi)

the Protection of Animals Act 1911f11;

(xii)

the Official Secrets Act 1911f12;

(xiii)

the Public Order Act 1936f13;

(xiv)

the Street Offences Act 1959f14;

(xv)

the Criminal Justice Act 1967f15;

(xvi)

the Ministry of Housing and Local Government Provisional Order (Greater London Parks and Open Spaces) Act 1967f16;

(xvii)

the Theft Act 1968f17;

(xviii)

the Port of London Act 1968f18;

(xix)

the Criminal Law Act 1977f19;

(xx)

the Theft Act 1978f20;

(xxi)

the Animal Health Act 1981f21;

(xxii)

the Local Government (Miscellaneous Provisions) Act 1982f22;

(xxiii)

the Aviation Security Act 1982f23;

(xxiv)

sections 15, 25, 66, 116, 118 of, and Schedules 1, 1A, 2, 5 and 6 to, the Police and Criminal Evidence Act 1984f24;

(xxv)

the Sporting Events (Control of Alcohol etc.) Act 1985f25;

(xxvi)

the Public Order Act 1986f26;

(xxvii)

Schedule 15 of the Criminal Justice Act 1988f27;

(xxviii)

sections 4 and 163 of the Road Traffic Act 1988f28

(xxix)

the Road Traffic (Consequential Provisions) Act 1988f29;

(xxx)

the Football Spectators Act 1989f30;

(xxxi)

Schedule 3 of the Aviation and Maritime Security Act 1990f31;

(xxxii)

the Football (Offences) Act 1991f32

(xxxiii)

the Road Traffic Act 1991f33;

(xxxiv)

the Transport and Works Act 1992f34;

(xxxv)

the Trade Union and Labour Relations (Consolidation) Act 1992f35;

(xxxvi)

the Criminal Justice and Public Order Act 1994f36;

(xxxvii)

paragraph 9 of Schedule 1 to the Drug Trafficking Act 1994f37;

(xxxviii)

the Reserve Forces Act 1996f38;

(xxxix)

the Offensive Weapons Act 1996f39;

(xl)

the Public Order (Amendment) Act 1996f40;

(xli)

the Confiscation of Alcohol (Young Persons) Act 1997f41;

(xlii)

sections 27 and 31 of the Crime and Disorder Act 1998f42;

(xliii)

the Terrorism Act 2000f43;

(xliv)

Schedule 2 to the Football (Disorder) Act 2000f44;

(xlv)

the Criminal Justice and Court Services Act 2000f45;

(xlvi)

sections 42 and 47 of the Criminal Justice and Police Act 2001f46;

(xlvii)

the Anti-terrorism, Crime and Security Act 2001f47;

(xlviii)

paragraph 14 of Schedule 11 to the Proceeds of Crime Act 2002f48;

(xlix)

sections 48 and 49 of, and Schedule 6 to, the Police Reform Act 2002f49;

(l)

paragraph 93 of Schedule 6 to the Licensing Act 2003f50

(li)

the Aviation (Offences) Act 2003f51;

(lii)

the Communications Act 2003f52;

(liii)

section 17 of the Crime (International Co-operation) Act 2003f53;

(liv)

sections 4, 32 and 37 of the Anti-social Behaviour Act 2003f54;

(lv)

the Courts Act 2003f55;

(lvi)

the Sexual Offences Act 2003f56;

(lvii)

section 3 of the Criminal Justice Act 2003f57;

(lviii)

the Domestic Violence, Crime and Victims Act 2004f58;

(lix)

the Hunting Act 2004f59;

(lx)

the Prevention of Terrorism Act 2005f60; and

(lxi)

the Serious Organised Crime and Police Act 2005.

(2)

Section 9(2)(a) of the 2005 Act does not apply during the period from 1st January 2006 to 31st March 2006.

Signature

Hazel Blears

Minister of State

Home Office

18th December 2005

Explanatory note

(This note is not part of the Order)

This Order brings into force on 1st January 2006 the provisions of the Serious Organised Crime and Police Act 2005 specified in article 2.