Moved by
Lord Taylor of Holbeach
73: Schedule 8, page 93, line 37, at end insert—
“117A In section 333A (tipping off: regulated sector), in subsection (2)(d), for “member of staff of the Serious Organised Crime Agency” substitute “National Crime Agency officer”.”
74: Schedule 8, page 96, line 6, leave out “omit paragraph (b).” and insert “for paragraphs (b) and (c) substitute—
“(b) the Director General of the National Crime Agency.”
Energy Act 2004 (c. 20)
138A (1) Section 59A of the Energy Act 2004 (constables serving with SOCA) is amended in accordance with this paragraph.
(2) In the title, for “Serious Organised Crime Agency” substitute “National Crime Agency”.
(3) In subsection (1)—
(a) for “Serious Organised Crime Agency” (in the first place) substitute “National Crime Agency”;
(b) in paragraph (a), for “Serious Organised Crime Agency” substitute “Director General of the National Crime Agency”.
(4) In subsection (2), for “Serious Organised Crime Agency” substitute “Director General of the National Crime Agency”.”
75: Schedule 8, page 97, line 21, leave out paragraphs 155 and 156
76: Schedule 8, page 99, line 10, at end insert—
“Equality Act 2010 (c. 15)
167A The Equality Act 2010 is amended as follows.
167B In section 42 (identity of employer), in subsections (4) and (5), for “SOCA” substitute “NCA”.
167C In section 43 (interpretation), for subsection (5) substitute—
“(5) “NCA” means the National Crime Agency; and a reference to a constable at NCA is a reference to a constable seconded to it to serve as an NCA officer.”.
167D In Schedule 19 (public authorities), in Part 1 (general), omit “The Serious Organised Crime Agency.””
77: Schedule 8, page 99, line 14, at end insert—
“Protection of Freedoms Act 2012
169 In section 95 of the Protection of Freedoms Act 2012 (effect on police and other records of disregard of conviction or caution), in subsection (5), in the definition of the names database, for “National Policing Improvement Agency” substitute “Secretary of State”.
Part 3
Further consequential amendments and repeals
References to SOCA
170 In the following enactments, for “Serious Organised Crime Agency” substitute “National Crime Agency” (and, where that expression appears in more than one place in such an enactment, that substitution is made in each such place)—
| Aviation
Security Act
1982 |
Section
24AE(4)(f) (aerodrome security
plans) |
| Section
24AG(2)(e) (security executive
groups) |
|
| Section
24AI(2)(c) (objections to proposals by security executive
groups) |
|
| Police
and Criminal Evidence Act
1984 |
Section
63A(1A)(b) (fingerprints and samples: supplementary
provision) |
| Dartford-Thurrock
Crossing Act
1988 |
Section
19(a)(ia) (exemption from
tolls) |
| Criminal
Appeal Act
1995 |
Section
22(4)(aa) (meaning of public body
etc) |
| Domestic
Violence, Crime and Victims Act
2004 |
In
Schedule 9 (authorities within Commissioner’s remit), paragraph
13 |
| Commissioners
for Revenue and Customs Act
2005 |
Section
40(2)(ca)(ii)
(confidentiality) |
| Immigration,
Asylum and Nationality Act
2006 |
Section
39(2)(b) (disclosure to law enforcement
agencies) |
| Counter-Terrorism
Act
2008 |
In
section 18E, paragraph (b) of the definition of “law enforcement
authority” (sections 18 to 18E: supplementary
provisions) |
| Coroners
and Justice Act
2009 |
Section
75(2)(c) (qualifying criminal
investigations) |
| Section
161(2)(a)(i) (applications for exploitation proceeds
order) |
|
| Section
166(9A) (exploitation proceeds orders) effect of conviction being
quashed
etc |
|
| Terrorism
Prevention and Investigation Measures Act
2011 |
In
section 10 (criminal investigations into terrorism-related activity),
paragraph (d) of the definition of “police
force” |
References to the Director General of SOCA
171 In the following enactments, for “Director General of the Serious Organised Crime Agency” substitute “Director General of the National Crime Agency”—
| Data
Protection Act
1998 |
Section
56 (prohibition of requirement as to production of certain records),
entry 1(d) in the
table |
| Criminal
Justice Act
2003 |
Section
29(5)(cb) (new method of instituting
proceedings) |
| Commissioners
for Revenue and Customs Act
2005 |
Section
41(2)(e) (disclosure of information to Director of Revenue
confidentiality) |
| Legal
Services Act
2007 |
Section
169(5)(d) (disclosure of information to the Legal Services
Board) |
| Coroners
and Justice Act
2009 |
Section
81(3) (delegation of
functions) |
References to SOCA and its Director General
172 In the following enactments—
(a) for “Serious Organised Crime Agency” substitute “National Crime Agency”; and
(b) for “Director General of the Serious Organised Crime Agency” or “Director General of that Agency” substitute “Director General of the National Crime Agency”—
| Counter-Terrorism
Act
2008 |
Section
18(3G)(f) (material not subject to existing statutory
restrictions) |
| Coroners
and Justice Act
2009 |
Section
77(1)(c) (applications for investigation anonymity
orders) |
| Terrorism
Prevention and Investigation Measures Act
2011 |
In
section 10 (criminal investigations into terrorism-related activity),
paragraph (d) of the definition of “chief
officer” |
Repeals
173 The following enactments are repealed to the extent specified—
| Courts
Act
2003 |
Section
41(6)(c) (disqualification of lay justices who are members of SOCA
etc) |
| Coroners
and Justice Act
2009 |
Section
170 (amendments of Part 1 of the Serious Organised Crime and Police Act
2005) |
Part 4
Subordinate legislation
References to SOCA etc
174 (1) In any relevant subordinate legislation—
(a) a reference (however expressed) of a kind specified in an entry in the first column of the following table is to be read as being, or including, a reference of the kind specified in the corresponding entry in the second column of the table; and
(b) related expressions are to be read accordingly.
| A
reference
to... |
...is
or includes a reference
to... |
| the
Serious Organised Crime
Agency |
the
National Crime
Agency |
| the
Director General of the Serious Organised Crime
Agency |
the
Director General of the National Crime
Agency |
| the
staff of the Serious Organised Crime
Agency |
National
Crime Agency
officers |
| a
member of staff of the Serious Organised Crime
Agency |
a
National Crime Agency
officer |
(2) The preceding provision of this paragraph is without prejudice to section 31 (consequential amendments).
(3) In this paragraph “relevant subordinate legislation” means Orders in Council, orders, rules, regulations, schemes, warrants, byelaws and other instruments made before the end of the Session of Parliament in which this Act is passed under—
(a) an Act of Parliament,
(b) an Act of the Scottish Parliament,
(c) an Act of the Northern Ireland Assembly, or
(d) a Measure or Act of the National Assembly for Wales.”