SCHEDULE
Amendment of Statutory Instruments and Statutory Rules of Northern Ireland relating to NCIS and NCS and in connection with SOCA
1. In regulation 16(2) of the Police Federation Regulations 19692the words from “(or, where” to “determine)” are revoked.
2. In paragraph 17 of Part 2 of Schedule 1 to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 19753, for “National Crime Squad or the National Criminal Intelligence Service” there is substituted “Serious Organised Crime Agency”.
3.—(1) The provisions of the Safety Representatives and Safety Committees Regulations 19774which are listed in sub-paragraph (2) are revoked.
(2) Those provisions are—
(a)
(a) the words “subject to regulation 2A” in the definition of “regional trade union” in regulation 2(1);
(b)
(b) regulation 2A; and
(c)
(c) Schedule 1.
4. In paragraph 16 of Part 2 of Schedule 1 to the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 19795, for “National Crime Squad or the National Criminal Intelligence Service” there is substituted “Serious Organised Crime Agency”.
5.—(1) The provisions of the Safety Representatives and Safety Committees Regulations (Northern Ireland) 19796which are listed in sub-paragraph (2) are revoked.
(2) Those provisions are—
(a)
(a) the words “subject to regulation 2A” in the definition of “recognised trade union” in regulation 2(1);
(b)
(b) regulation 2A; and
(c)
(c) Schedule 1.
6. In regulation 6(1) of the Motor Vehicles (Tests) Regulations 19817after (xiv) insert—
“(xivA)
“(xivA) a vehicle provided for the purposes of the Serious Organised Crime Agency;”.
7. In regulation 16(1)(d) of the Motorways Traffic (England and Wales) Regulations 19828after “when in uniform,” insert “as a member of the Serious Organised Crime Agency for the purposes of that Agency,”.
8. After regulation 37(5)(a) of the Road Vehicles (Construction and Use) Regulations 19869insert—
“(aa)
“(aa) as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 199810), used for Serious Organised Crime Agency purposes;”.
9. In the table in regulation 3(2) of the Road Vehicles Lighting Regulations 198911after paragraph (a) of the meaning of the expression “Emergency vehicle” insert—
“(aa)
“(aa) as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), a vehicle used for Serious Organised Crime Agency purposes;”.
10. After regulation 6(1)(f) of the Motor Vehicles (Wearing of Seat Belts) Regulations 199312insert—
“(fa)
“(fa) as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), a person driving or riding in a vehicle while it is being used for Serious Organised Crime Agency purposes;”.
11. After regulation 14(1)(d) of the Motorways Traffic (Scotland) Regulations 199513insert—
“(da)
“(da) so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), where he does so as a member of the Serious Organised Crime Agency for the purposes of that Agency;”.
12. In paragraph 6 of Schedule 3 to the Goods Vehicles (Licensing of Operators) Regulations 199514after “ambulance” insert “or Serious Organised Crime Agency”.
13.—(1) The provisions of the Police (Promotion) Regulations 199615which are listed in sub-paragraph (2) are revoked.
(2) Those provisions are—
(a)
(a) the definition of “member of the NCS” in regulation 2(1);
(b)
(b) the words “or a member of the NCS” in regulation 2(2);
(c)
(c) the words “or the National Crime Squad” in regulation 2(3)(c);
(d)
(d) the words “or section 79A of the Police Act 1997” in regulation 3(7)(b);
(e)
(e) in regulation 5(1) the words—
(i) “or a member of the NCS”,
(ii) “or, as the case may be, the Squad”, and
(iii) “or, in the case of a person who is on probation in the National Crime Squad, the Director General of that Squad”;
(f)
(f) the words “or, in the case of a person who is on probation in the National Crime Squad, the Director General of that Squad” in regulation 5(2);
(g)
(g) the words “or a member of the NCS” in regulation 6;
(h)
(h) the words “or, as the case may be, the Director General of the National Crime Squad” in regulation 7(1), (2) and (3);
(i)
(i) in Schedule 1, the words—
(i) “and the Director General of the National Crime Squad” in paragraph 4,
(ii) from “and in the case” to “NCS” in paragraph 4(c),
(iii) “or a member of the NCS” in paragraph 5(3) and (4), and
(iv) “or section 79A of the Police Act 1997” in paragraph 5(4);
(j)
(j) in Schedule 2, the words—
(i) “or a member of the NCS”, in each place where they occur, in paragraph 1, and
(ii) “or section 79A of the Police Act 1997” in paragraph 2.
14.—(1) The Police (Property) Regulations 199716are amended as follows.
(2) For paragraph (ab) of the definition of “the relevant authority” in regulation 3 there is substituted—
“(ab)
“(ab) in relation to the Serious Organised Crime Agency, the Board of that Agency;”
(3) In regulations 6(5) and 8 for the words “National Crime Squad the Director General of that Squad” there is substituted “Serious Organised Crime Agency the Director General of that Agency”.
15.—(1) The Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 199717are amended as follows.
(2) In regulation 12(1)—
(a)
(a) in sub-paragraphs (c) and (d) after the words “sub-paragraph (e)” insert “and sub-paragraph (ea)”; and
(b)
(b) after sub-paragraph (e) insert—
“(ea)
“(ea) as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), when a vehicle is being used for Serious Organised Crime Agency purposes and the observance of the prohibition conveyed by the steady amber or the red signal in accordance with sub-paragraph (c) or (d) would be likely to hinder the use of that vehicle for those purposes, then those sub-paragraphs shall not apply to the vehicle, and the steady amber and the red signal shall each convey the information that the vehicle may proceed beyond the stop line if the driver—
(i) accords precedence to any pedestrian who is on that part of the carriageway which lies within the limits of the crossing or on a central reservation which lies between two crossings which do not form part of a system of staggered crossings; and
(ii) does not proceed in a manner or at a time likely to endanger any person or any vehicle approaching or waiting at the crossing, or to cause the driver of any such vehicle to change its speed or course in order to avoid an accident; and”.
(3) In regulation 13(1)—
(a)
(a) in sub-paragraphs (c), (d) and (e), after the words “sub-paragraph (f)” insert “and sub-paragraph (g)”; and
(b)
(b) after sub-paragraph (f) insert—
“(g)
“(g) as regards England and Wales, and so far as relating to the functions of the Serious Organised Crime Agency which are exercisable in or as regards Scotland and which relate to reserved matters (within the meaning of the Scotland Act 1998), when a vehicle is being used for Serious Organised Crime Agency purposes and the observance of the prohibition conveyed by the amber, red or red-with-amber signal in accordance with sub-paragraph (c), (d) or (e) would be likely to hinder the use of that vehicle for those purposes, then those sub-paragraphs shall not apply to the vehicle, and the red signal, red-with-amber and amber signals shall each convey the information that the vehicle may proceed beyond the stop line if the driver—
(i) accords precedence to any pedestrian who is on that part of the carriageway which lies within the limits of the crossing or on a central reservation which lies between two crossings which do not form part of a system of staggered crossings; and
(ii) does not proceed in a manner or at a time likely to endanger any person or any vehicle approaching or waiting at the crossing, or to cause the driver of any such vehicle to change its speed or...
