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Serious Organised Crime and Police Act 2005

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Section 82

SCHEDULE 5U.K.Persons specified for the purposes of section 82

This schedule has no associated Explanatory Notes

[F11U.K.A person who is or might be, or who has been, a witness in legal proceedings (whether or not in the United Kingdom).

Textual Amendments

Commencement Information

I1Sch. 5 para. 1 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I2Sch. 5 para. 1 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

2U.K.A person who has complied with a disclosure notice given to him by virtue of section 62(1).

Textual Amendments

Commencement Information

I3Sch. 5 para. 2 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I4Sch. 5 para. 2 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

3(1)A person who has been given an immunity notice under section 71(1) if the notice continues to have effect in relation to him.U.K.

(2)A person who has been given a restricted use undertaking under section 72(1) if the undertaking continues to have effect in relation to him.

Textual Amendments

Commencement Information

I5Sch. 5 para. 3 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I6Sch. 5 para. 3 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

4U.K.A person who is or has been a member of a jury.

Textual Amendments

Commencement Information

I7Sch. 5 para. 4 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I8Sch. 5 para. 4 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

5U.K.A person who holds or has held judicial office (whether or not in the United Kingdom).

Textual Amendments

Commencement Information

I9Sch. 5 para. 5 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I10Sch. 5 para. 5 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

6U.K.A person who is or has been a justice of the peace or who holds or has held a position comparable to that of a justice of the peace in a place outside the United Kingdom.

Textual Amendments

Commencement Information

I11Sch. 5 para. 6 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I12Sch. 5 para. 6 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

7U.K.A person who is or has been a member of an international tribunal which has jurisdiction in criminal matters.

Textual Amendments

Commencement Information

I13Sch. 5 para. 7 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I14Sch. 5 para. 7 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

8U.K.A person who conducts or has conducted criminal prosecutions (whether or not in the United Kingdom).

Textual Amendments

Commencement Information

I15Sch. 5 para. 8 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I16Sch. 5 para. 8 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

9(1)A person who is or has been the Director of Public Prosecutions for England and Wales.U.K.

(2)A person who is or has been a member of staff of the Crown Prosecution Service for England and Wales.

Textual Amendments

Commencement Information

I17Sch. 5 para. 9 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I18Sch. 5 para. 9 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

10(1)A person who is or has been the Director or deputy Director of Public Prosecutions for Northern Ireland.U.K.

(2)A person who is or has been a person appointed under Article 4(3) of the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I.1)) to assist the Director of Public Prosecutions for Northern Ireland.

Textual Amendments

Commencement Information

I19Sch. 5 para. 10 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I20Sch. 5 para. 10 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

11U.K.A person who is or has been under the direction and control of the Lord Advocate in the Lord Advocate's capacity as head of the systems of criminal prosecution and investigation of deaths in Scotland.

Textual Amendments

Commencement Information

I21Sch. 5 para. 11 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I22Sch. 5 para. 11 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

12(1)A person who F2... has been the Director of Revenue and Customs Prosecutions.U.K.

(2)A person who F2... has been a member of staff of the Revenue and Customs Prosecutions Office.

Textual Amendments

Commencement Information

I23Sch. 5 para. 12 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I24Sch. 5 para. 12 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

13U.K.A person who is or has been a constable.

Textual Amendments

Commencement Information

I25Sch. 5 para. 13 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I26Sch. 5 para. 13 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

14U.K.A person who is or has been designated under—

(a)section 38(1) of the Police Reform Act 2002 (c. 30) (police powers for [F3civilian staff]);

(b)section 30(1) of the Police (Northern Ireland) Act 2003 (c. 6) (police powers for designated police support staff).

Textual Amendments

Commencement Information

I27Sch. 5 para. 14 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I28Sch. 5 para. 14 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

15U.K.A person who is a police custody and security officer [F4(as defined by section 99(1) of the Police and Fire Reform (Scotland) Act 2012)].

Textual Amendments

Commencement Information

I29Sch. 5 para. 15 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I30Sch. 5 para. 15 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

16U.K.A person who—

(a)is or has been an officer of Revenue and Customs;

(b)is or has been a member of staff of Her Majesty's Customs and Excise.

Textual Amendments

Commencement Information

I31Sch. 5 para. 16 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I32Sch. 5 para. 16 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

17U.K.A person who is or has been a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 (c. 77).

Textual Amendments

Commencement Information

I33Sch. 5 para. 17 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I34Sch. 5 para. 17 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

[F517AU.K.A person who is or has been a National Crime Agency officer.]

18U.K.A person who is or has been a member of staff of SOCA.

Textual Amendments

Commencement Information

I35Sch. 5 para. 18 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I36Sch. 5 para. 18 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

19(1)A person who is or has been the Director General of the National Criminal Intelligence Service or the Director General of the National Crime Squad.U.K.

(2)A person who is or has been under the direction and control of the Director General of the National Criminal Intelligence Service or the Director General of the National Crime Squad.

Textual Amendments

Commencement Information

I37Sch. 5 para. 19 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I38Sch. 5 para. 19 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

20(1)A person who F6... has been the Director of the [F7organisation known as the Scottish Drug Enforcement Agency and established under section 36(1)(a)(ii) of the Police (Scotland) Act 1967 (c. 77), that is to say a person who was engaged on central service (as defined by section 38(5) of that Act) and was appointed by the Scottish Ministers to exercise control in relation to the activities carried out in exercise of that organisation's functions].U.K.

(2)A person who F8... has been under the direction and control of the Director of the Scottish Drug Enforcement Agency.

Textual Amendments

Commencement Information

I39Sch. 5 para. 20 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I40Sch. 5 para. 20 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

[F920A(1)A person who F10... has been the Director General of the Scottish Crime and Drug Enforcement Agency.U.K.

(2)A person who F10... has been under the direction and control of the Director General of the Scottish Crime and Drug Enforcement Agency.]

21(1)A person who F11... has been the Director of the Assets Recovery Agency.U.K.

(2)A person who F12... has been a member of staff of the Assets Recovery Agency or a person with whom the Director of that Agency has made arrangements for the provision of services under section 1(4) of the Proceeds of Crime Act 2002 (c. 29).

Textual Amendments

F11Words in Sch. 5 para. 21(1) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 175, Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)

F12Words in Sch. 5 para. 21(2) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 175, Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)

Commencement Information

I41Sch. 5 para. 21 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I42Sch. 5 para. 21 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

22(1)A person who is or has been the head of the Civil Recovery Unit, that is to say of the organisation known by that name which acts on behalf of the Scottish Ministers in proceedings under Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc. of unlawful conduct).U.K.

(2)A person who is or has been a member of staff of the Civil Recovery Unit.

Textual Amendments

Commencement Information

I43Sch. 5 para. 22 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I44Sch. 5 para. 22 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

23(1)A person who is or has been a person appointed by virtue of section 246(1) of the Proceeds of Crime Act 2002 (c. 29) as an interim receiver.U.K.

(2)A person who assists or has assisted an interim receiver so appointed in the exercise of such functions as are mentioned in section 247 of that Act.

Textual Amendments

Commencement Information

I45Sch. 5 para. 23 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I46Sch. 5 para. 23 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

24(1)A person who is or has been a person appointed by virtue of section 256(1) of the Proceeds of Crime Act 2002 as an interim administrator.U.K.

(2)A person who assists or has assisted an interim administrator so appointed in the exercise of such functions as are mentioned in section 257 of that Act.

Textual Amendments

Commencement Information

I47Sch. 5 para. 24 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I48Sch. 5 para. 24 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

25(1)A person who is or has been the head of the Financial Crime Unit, that is to say of the organisation known by that name which, among other activities, acts on behalf of the Lord Advocate in proceedings under Part 3 of the Proceeds of Crime Act 2002 (confiscation: Scotland).U.K.

(2)A person who is or has been a member of staff of the Financial Crime Unit.

Textual Amendments

Commencement Information

I49Sch. 5 para. 25 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I50Sch. 5 para. 25 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

26U.K.A person who is or has been a prison officer.

Textual Amendments

Commencement Information

I51Sch. 5 para. 26 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I52Sch. 5 para. 26 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

27U.K.A person who is or has been a covert human intelligence source (within the meaning of section 26(8) of the Regulation of Investigatory Powers Act 2000 (c. 23) or of section 1(7) of the Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11)).

Textual Amendments

Commencement Information

I53Sch. 5 para. 27 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

I54Sch. 5 para. 27 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

28U.K.A person—

(a)who is a member of the family of a person specified in any of the preceding paragraphs;

(b)who lives or has lived in the same household as a person so specified;

(c)who has or has had a close personal relationship with a person so specified.]

Textual Amendments

Commencement Information

I55Sch. 5 para. 28 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I56Sch. 5 para. 28 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(b)

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