Made | 28th March 2007 | ||
Coming into force in accordance with Article 1 |
Disclosure of information
3.
—(1) Any person may disclose information to the Agency or the Commissioner if the disclosure is made for the purposes of the exercise or carrying out by the Agency or the Commissioner of any of their functions within the meaning of the Act.
(2) Any person who, without the consent of the Commissioners for Her Majesty's Revenue and Customs, discloses information to another person which those Commissioners have disclosed under paragraph (1) commits an offence.
(3) It is a defence for a person charged with an offence under paragraph (2) to prove that he reasonably believed that–
(4) A person who commits an offence under paragraph (2) is liable–
(5) Information disclosed by the Agency under section 19 of the Act to any person or body must not be further disclosed except–
(6) Information disclosed by the Commissioner under section 46 of the Act to any public body or office holder must not be further disclosed except–
(7) Consent under paragraphs (2), (5) and (6) may be given–
(8) A disclosure under this article does not breach–
(9) But nothing in this article authorises–
(10) Paragraph (1) does not apply to any person who may disclose information under section 20(1) or 46(4) of the Act.
(11) Paragraphs (5) and (6) do not apply to further disclosure by any person, body or office holder to whom section 19(4) or 46(2) of the Act applies.
Agreements to establish complaints procedures
4.
—(1) The Commissioner and the British Transport Police Authority may enter into an agreement to establish and maintain procedures which correspond to or are similar to those contained in Chapter 2 of Part 1 of the Act in relation to complaints made about the acts or omissions of the British Transport Police Force, a constable of that Force and any other persons specified in the agreement who serve with that Force or who are employed by the British Transport Police Authority.
(2) The Commissioner and the Civil Nuclear Police Authority may enter into an agreement to establish and maintain procedures which correspond to or are similar to those contained in Chapter 2 of Part 1 of the Act in relation to complaints made about the acts or omissions of the Civil Nuclear Constabulary, a member of that Constabulary and any other persons specified in the agreement who are serving with that Constabulary or who are employed by the Civil Nuclear Police Authority.
(3) The Commissioner and the Secretary of State may enter into an agreement to establish and maintain procedures which correspond to or are similar to those contained in Chapter 2 of Part 1 of the Act in relation to complaints made about the acts or omissions of the Ministry of Defence Police, a member of the Ministry of Defence Police and any other persons specified in the agreement who serve with the Ministry of Defence Police.
(4) The Commissioner and SOCA may enter into an agreement to establish and maintain procedures which correspond to or are similar to those contained in Chapter 2 of Part 1 of the Act in relation to complaints made about the acts or omissions of SOCA and members of the staff of SOCA.
(5) The Commissioner and Her Majesty's Revenue and Customs may enter into an agreement to establish and maintain procedures which correspond to or are similar to those contained in Chapter 2 of Part 1 of the Act in relation to complaints made about the acts or omissions of Her Majesty's Revenue and Customs, the Commissioners for Revenue and Customs, an officer of Revenue and Customs and any other persons specified in the agreement who are authorised to act for or on behalf of Her Majesty's Revenue and Customs.
(6) The Commissioner and the Secretary of State may enter into an agreement to establish and maintain procedures which correspond to or are similar to those contained in Chapter 2 of Part 1 of the Act in relation to complaints made about–
(7) But "complaint" for the purposes of an agreement made under this article, does not include–
about the terms and conditions of their service;
(c) any statement made by a person who is employed by, or has been employed by–
about the terms and conditions of their employment;
(d) any statement made by any person who is serving with, or has served with, or who is or has been authorised to act on behalf of, Her Majesty's Revenue and Customs about the terms and conditions of their service; and
(e) any statement made by a person who is serving as, or who has served as–
about the terms and conditions of their service.
(8) An agreement made under this article shall not be made, varied or terminated without the approval of the Secretary of State and the Scottish Ministers.
(9) Complaints procedures established and maintained in accordance with any agreement under this article shall have no effect in relation to anything done outside Scotland by any person or body in relation to whom complaints procedures are so established and maintained.
(10) An agreement made under paragraph (6) of this article shall not establish and maintain procedures in relation to complaints about the exercise by any person of a function conferred on him by or under Part 8 of the Immigration and Asylum Act 1999[5].
(11) Information obtained by the Commissioner in connection with any of the Commissioner's functions under an agreement which may be entered into under paragraph (5) or (6) of this article may be disclosed by the Commissioner to the Parliamentary Commissioner for Administration–
(12) The Parliamentary Commissioner for Administration may disclose information to the Commissioner if the disclosure is made–
(13) An agreement made under this article may–
(14) For the purposes of this article–
Football Banning Orders
5.
—(1) A person who fails to comply with any requirement imposed on the person by a football banning order made under section 51 or 52 of the Act commits an offence.
(2) It is a defence for a person charged with an offence under paragraph (1) to prove that the person had a reasonable excuse for failing to comply with the requirement.
(3) A person who commits an offence under paragraph (1) is liable on summary conviction to imprisonment for a term not exceeding 3 months, or to a fine not exceeding level 5 on the standard scale, or to both.
Modifications of enactments
6.
The modifications specified in the Schedule shall have effect.
DAVID CAIRNS
Parliamentary Under Secretary of State, Scotland Office, Department for Constitutional Affairs,
Dover House, London
28th March 2007
(ci) a police member of the Scottish Crime and Drug Enforcement Agency appointed by virtue of paragraph 7(2)(a) or (c) of schedule 2 to the 2006 Act;
(cj) a police member of the Scottish Crime and Drug Enforcement Agency appointed by virtue of paragraph 7(2)(b) of schedule 2 to the 2006 Act and who, immediately before such appointment, is or is eligible to be a member of a pension scheme provided for under section 1 above;
(ck) the Director General or Deputy Director General of the Scottish Crime and Drug Enforcement Agency;".
(3) In section 11 (interpretation)–
(b) in subsection (2)[12] (meaning of police authority) at the end there is inserted–
(c) in subsection (3)[13] (meaning of police force), in paragraph (b) after "(bf)," there is inserted "(bg), (bh), (bi), (bj), (bk),".
3.
—(1) The Police Act 1996 is modified as follows.
(2) After section 64(4D)[14] (membership of trade unions) there is inserted–
as it applies to a member of a police force, and references to a police force or to service in a police force shall be construed accordingly.
(4F) In its application by virtue of subsection (4E), subsection (2) shall have effect as if the reference to the chief officer of police were a reference to the Director General of the Scottish Crime and Drug Enforcement Agency.".
(3) In section 97 (police officers engaged on service outside their force)–
(b) in subsections (6)(a)[16] and (8)[17] after "(cg)" there is inserted ", (ch), (ci)".
4.
—(1) The Regulation of Investigatory Powers Act 2000 is modified as follows.
(2) In section 6(2) (application for issue of an interception warrant) after paragraph (d)[18] there is inserted–
(3) In section 17(3) (exclusion of matters from legal proceedings) after paragraph (c)[19] there is inserted–
(4) In section 19(2)[20] (unauthorised disclosures) after paragraph (c) there is inserted–
(5) In section 25(1) (interpretation) in the definition of "relevant public authority", after paragraph (b)[21] there is inserted–
(6) In section 33 (rules for grant of authorisations)–
(7) In section 45(6)[24] (cancellation of authorisations)–
(8) In section 49(1)(e)[25] (notices requiring disclosure) after "SOCA" (in both places) there is inserted ", SCDEA".
(9) In section 51[26] (cases in which key required)–
(b) in subsection (3) after "Agency," there is inserted "the Director General of the Scottish Crime and Drug Enforcement Agency,"; and
(c) in subsection (6) after "Agency," there is inserted "by the Director General of the Scottish Crime and Drug Enforcement Agency,".
(10) In section 54(3)[27] (tipping off) after "SOCA," (in both places) there is inserted "SCDEA,".
(11) In section 55 (duties of specified authorities)–
(b) after subsection (3A)[29] there is inserted–
(12) In section 56(1)[30] (interpretation)–
(13) In section 58(1)[31] (co operation with Commissioner) after paragraph (b) there is inserted–
(14) In section 65(6)(d)[32] (the Tribunal) after "Agency;" there is inserted–
(15) In section 68(7)[33] (disclosure to the Tribunal) after paragraph (b) there is inserted–
(16) Paragraph (c) of the definition of "United Kingdom officer" in subsection (11) of section 76A (as substituted by paragraph 8 of schedule 6 to the Act) has effect in relation to the reference in subsection (1)(c) of that section to a United Kingdom officer carrying out surveillance in the United Kingdom in accordance with an authorisation under Part 2 as it has effect in relation to the reference in subsection (1)(c) to such an officer carrying out such surveillance in accordance with an authorisation under the Regulation of Investigatory Powers (Scotland) Act 2000.
(17) In section 76A(11)[34] (foreign surveillance operations), for paragraph (c) of the definition of "United Kingdom officer" there is substituted–
(18) In Schedule 1[35] (relevant public authorities) after paragraph 2 there is inserted–
(19) In Schedule 2[36] (persons having appropriate permission)–
5.
—(1) The Prevention of Terrorism Act 2005 is modified as follows.
(2) In section 8 (criminal investigations after making of control order)–
(b) subsection (9) is repealed.
6.
—(1) The Serious Organised Crime and Police Act 2005 is modified as follows.
(2) In section 3(5)(d) (meaning of "special police force"), for "Scottish Drug Enforcement Agency" there is substituted "Scottish Crime and Drug Enforcement Agency".
(3) In section 23 (mutual assistance between SOCA and law enforcement agencies: voluntary arrangements)–
(c) in subsection (10)(b) for "Scottish Drug Enforcement Agency" there is substituted "Scottish Crime and Drug Enforcement Agency"; and
(d) in subsection (11)–
(4) In section 24(2)(b) (bodies to which section 24 applies), for "Scottish Drug Enforcement Agency" there is substituted "Scottish Crime and Drug Enforcement Agency".
(5) In section 25 (directed arrangements: Scotland)–
(c) in subsection (4), in both paragraphs (a) and (b), for "Scottish Drug Enforcement Agency" there is substituted "Scottish Crime and Drug Enforcement Agency"; and
(d) after subsection (4), there is inserted–
(6) In paragraph (d) of the definition of "relevant authority" in section 31(5), for "Scottish Drug Enforcement Agency, means" there is substituted "Scottish Crime and Drug Enforcement Agency, means the Director General of".
(7) In section 42 (interpretation)–
(b) subsection (2) is repealed.
(8) In section 47 (person having powers of constable: exercise of such powers in Scotland and Northern Ireland)–
(9) In section 82(5) (persons who are protection providers), for paragraph (f), there is substituted–
(10) In section 94 (interpretation of Chapter 4), subsection (9) is repealed.
(11) Schedule 5 is amended as follows.
(12) In paragraph 20–
(b) in sub paragraph (2), the words "is or" are repealed.
(13) After paragraph 20 there is inserted–
The Scottish Crime and Drug Enforcement Agency | Superintendent | Inspector | (b) |
The Scottish Crime and Drug Enforcement Agency | Superintendent or Grade PO7 | Inspector | (b)(d)(g) |
shall be treated as granted by a member of the Scottish Crime and Drug Enforcement Agency, designated for the purposes of Chapter 2 of Part 1 of that Act by reference to the Scottish Crime and Drug Enforcement Agency on the coming into force of this paragraph.
[5] 1999 c.33; Part 8 consists of sections 147 to 159; section 147 was amended by the Nationality, Immigration and Asylum Act 2002 (c.41) ("the NIA Act 2002"), sections 62, 66 and Schedule 9; sections 148, 150 to 153, 155, 158 and 159 were amended by the NIA Act 2002, section 66; section 149 was amended by the NIA Act 2002, section 66 and the Agricultural Holdings (Scotland) Act 2003 (asp 11), schedule 1, paragraph 52; section 154 was amended by the NIA Act 2002, section 65 and section 156 was amended by S.I. 2005/2078, Schedule 1, paragraph 5. There have been further amendments to Part 8 but these are not relevant.back
[8] Section 38A(8) was inserted by section 50(2)(b) of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) and commenced by S.S.I. 2006/432.back
[9] The functions of the Secretary of State in sections 1 to 8A were transferred to the Scottish Ministers by S.I. 1999/1750, Schedule 1 as amended by the Police and Firemen's Pensions Act 1997 (c.52), section 2.back
[10] Section 7(2) was amended by the Police and Magistrates' Courts Act 1994 (c.29) ("the 1994 Act"), Schedule 5, paragraph 19; the Police Act 1996 (c.16) ("the 1996 Act"), Schedule 7, paragraph 29; the Police (Northern Ireland) Act 2000 (c.32), section 78(2)(f); the Criminal Justice and Police Act 2001 (c.16) ("the 2001 Act"), section 126(1) and Schedule 4, paragraph 6(2); the International Development Act 2002 (c.1), Schedule 3, paragraph 6(1); the Serious Organised Crime and Police Act 2005 (c.15) ("the 2005 Act"), Schedule 4, paragraph 30; and the Police and Justice Act 2006 (c.48), Schedule 1, paragraph 58 and Schedule 15, Part 1.back
[11] Section 11(1) was amended by the 1994 Act, Schedule 5, paragraph 20(2); the 1996 Act, Schedule 7, paragraph 30(2); the Police (Northern Ireland) Act 2000 (c.32), section 78(2)(f); the 2001 Act, section 126(2), Schedule 4, paragraph 6(3); the International Development Act 2002, Schedule 3, paragraph 6(2); the 2005 Act, Schedule 4, paragraph 31(2); and the Police and Justice Act 2006 (c.48), Schedule 1, paragraph 59(2) and Schedule 15, Part 1.back
[12] Section 11(2) was amended by the 1994 Act, Schedule 5, paragraph 20(3); the 1996 Act, Schedule 7, paragraph 30(3); the Police Act 1997 (c.50) ("the 1997 Act"), Schedule 9, paragraph 33(2); the 2001 Act, section 126(3) and Schedule 4, paragraph 6(4); the Police Reform Act 2002 (c.30) ("the 2002 Act"), Schedule 7, paragraph 7(2); the 2005 Act, Schedule 4, paragraph 31(3) and Schedule 17, Part 2; and the Police and Justice Act 2006 (c.48), Schedule 1, paragraph 59(3) and Schedule 15, Part 1.back
[13] Section 11(3) was amended by the 1994 Act, Schedule 5, paragraph 20(4); the 1996 Act, Schedule 7, paragraph 30(4); the 2001 Act, section 126(4) and Schedule 4, paragraph 6(5); and the Police and Justice Act 2006 (c.48), Schedule 1, paragraph 59(4) and Schedule 15 Part 1.back
[14] Section 64 was amended by the Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649), article 349. Subsections (4C) and (4D) were inserted into section 64 by the Police and Justice Act 2006 (c.48), Schedule 1, paragraph 69. There have been further amendments to section 64, but those amendments have been repealed.back
[15] Section 97(1) was amended by the 1997 Act, Schedule 9, paragraph 86; the Police (Northern Ireland) Act 1998 (c.32), Schedule 4, paragraph 20(3); the Police (Northern Ireland) Act 2000 (c.32), Schedule 6, paragraph 12; the 2001 Act, Schedule 4, paragraph 7(3)(a); the International Development Act 2002 (c.1), Schedule 3, paragraph 11(2) and Schedule 4; the Proceeds of Crime Act 2002 (c.29), Schedule 11, paragraph 30; the 2002 Act, Schedule 7, paragraph 19(1); the 2005 Act, Schedule 4, paragraph 82(2) and Schedule 17, Part 2; and the Police and Justice Act 2006 (c.48), Schedule 1, paragraph 72(3) and Schedule 15, Part 1.back
[16] Section 97(6)(a) was amended by the 1997 Act, Schedule 9, paragraph 86(3); the 2001 Act, Schedule 4, paragraph 7(3)(b); the International Development Act 2002 (c.1), Schedule 3, paragraph 11(3); the Proceeds of Crime Act 2002 (c.29), Schedule 11, paragraph 30(3); the 2002 Act, Schedule 7, paragraph 19(2); the 2005 Act, Schedule 4, paragraph 82(3); and the Police and Justice Act 2006 (c.48), Schedule 1, paragraph 72(3) and Schedule 15, Part 1.back
[17] Section 97(8) was amended by the 1997 Act, Schedule 9, paragraph 86(4); the 2001 Act, Schedule 4, paragraph 7(3)(b); the Proceeds of Crime Act 2002, Schedule 11, paragraph 30(4); the 2002 Act, Schedule 7, paragraph 19(3); the 2005 Act, Schedule 4, paragraph 82(4); and the Police and Justice Act 2006 (c.48), Schedule 1, paragraph 72(3) and Schedule 15, Part 1.back
[18] Section 6(2)(d) was amended by the 2005 Act, Schedule 4, paragraph 132(2).back
[19] Section 17(3)(c) and (d) as substituted by the 2005 Act, Schedule 4, paragraph 133(1).back
[20] Section 19(2)(c) and (d) as substituted by the 2005 Act, Schedule 4, paragraph 134(1).back
[21] Paragraphs (b) and (c) were substituted by the 2005 Act, Schedule 4, paragraph 135(2).back
[22] Section 33(1A) was inserted by the 2005 Act, Schedule 4, paragraph 137(3).back
[23] Section 33(5)(a) was amended by the Enterprise Act 2002 (c.40), section 199(4); and the 2005 Act, Schedule 4, paragraph 137(6).back
[24] Section 45(6) was amended by the 2005 Act, Schedule 4, paragraph 143.back
[25] Section 49(1)(e) was amended by the 2005 Act, Schedule 4, paragraph 145.back
[26] Section 51 was amended by the 2005 Act, Schedule 4, paragraph 146.back
[27] Section 54(3) was amended by the 2005 Act, Schedule 4, paragraph 147.back
[28] Section 55(1)(ba) was inserted by the 2005 Act, Schedule 4, paragraph 148(2).back
[29] Section 55(3A) was inserted by the 2005 Act, Schedule 4, paragraph 148(3).back
[30] Section 56(1) was amended by the 2005 Act, Schedule 4, paragraph 149.back
[31] Section 58(1)(b) and (c) as substituted by the 2005 Act, Schedule 4, paragraph 150.back
[32] Section 65(6)(d) and (e) as substituted by the 2005 Act, Schedule 4, paragraph 151.back
[33] Section 68(7)(b) and (c) as substituted by the 2005 Act, Schedule 4, paragraph 152.back
[34] Section 76A was inserted by the Crime (International Co operation) Act 2003 (c.32), section 83; and amended by the 2005 Act, Schedule 4, paragraph 154.back
[35] Paragraph 2 of Schedule 1 was substituted by the 2005 Act, Schedule 4, paragraph 155(1).back
[36] Paragraph 2 of Schedule 2 was amended by the 2005 Act, Schedule 4, paragraph 156(2).back
[37] Paragraph 4(2) of Schedule 2 was amended by the 2005 Act, Schedule 4, paragraph 156(3).back
[38] Paragraph 5(3)(b) of Schedule 2 was amended by the 2005 Act, Schedule 4, paragraph 156(4).back
[39] Paragraph 6 of Schedule 2 was amended by the 2005 Act, Schedule 4, paragraph 156(5).back
[40] S.I. 2003/3171 as amended by S.I. 2005/1084, S.I. 2006/594; S.I. 2006/635 and S.I. 2006/1874.back
[41] S.I. 2003/3172 as amended by S.I. 2005/1083; S.I. 2006/594 and S.I. 2006/1878.back
[42] The entry in relation to the Serious Organised Crime Agency was inserted by paragraph 41 of the Schedule to S.I. 2006/594.back
[43] The entry in relation to the Scottish Drug Enforcement Agency was inserted by article 2 of S.I. 2005/1083.back