Legislation – Border Security, Asylum and Immigration Act 2025

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Part 3Prevention of serious crime

Serious crime prevention orders

57Applicants for making of orders and interim orders

(1)

The Serious Crime Act 2007 is amended as follows.

(2)

For section 8 substitute—

“8Limited class of applicants for making of orders

(1)

A serious crime prevention order may be made by the High Court in England and Wales—

(a)

only on an application by—

(i)

the Director of Public Prosecutions,

(ii)

the Director of the Serious Fraud Office,

(iii)

the Director General of the National Crime Agency,

(iv)

the Commissioners for His Majesty’s Revenue and Customs,

(v)

the chief officer of police of a police force in England and Wales,

(vi)

the Chief Constable of the British Transport Police Force, or

(vii)

the Chief Constable of the Ministry of Defence Police, and

(b)

in the case of an application by a person listed in paragraph (a)(iii) to (vii), only if the person has consulted the Director of Public Prosecutions.

(2)

A serious crime prevention order may be made by the Crown Court in England and Wales—

(a)

only on an application by—

(i)

the Director of Public Prosecutions,

(ii)

the Director of the Serious Fraud Office, or

(iii)

the chief officer of police of a police force in England and Wales, and

(b)

in the case of an application by the chief officer of police of such a police force, only if—

(i)

it is an application for an order under section 19 or 19A that is terrorism-related (see section 8A), and

(ii)

the chief officer has consulted the Director of Public Prosecutions.

(3)

A serious crime prevention order may be made by a court or sheriff in Scotland—

(a)

only on an application by—

(i)

the Lord Advocate, or

(ii)

the chief constable of the Police Service of Scotland, and

(b)

in the case of an application by the chief constable, only if—

(i)

it is an application for an order under section 1 that is terrorism-related (see section 8A),

(ii)

the chief constable has consulted the Lord Advocate, and

(iii)

it is an application made to the Court of Session (and not to the sheriff).

(4)

A serious crime prevention order may be made by a court in Northern Ireland—

(a)

only on an application by—

(i)

the Director of Public Prosecutions for Northern Ireland, or

(ii)

the Chief Constable of the Police Service of Northern Ireland, and

(b)

in the case of an application by the Chief Constable, only if—

(i)

it is an application for an order under section 1 that is terrorism-related (see section 8A), and

(ii)

the Chief Constable has consulted the Director of Public Prosecutions for Northern Ireland.”

(3)

In section 10 (4)(a) (notice requirements: England and Wales)—

(a)

omit sub-paragraphs (i) and (iii);

(b)

after sub-paragraph (iv) insert—

“(v)

in any other case, the person who applied for the order;”.

(4)

In section 27 (power to wind up companies: England and Wales)—

(a)

for subsection (1A) substitute—

“(1A)

A person mentioned in section 8(1)(a)(iii) to (vii) may present a petition to the court for the winding up of a company, partnership or relevant body if—

(a)

the company, partnership or relevant body has been convicted of an offence under section 25 in relation to a serious crime prevention order or an interim serious crime prevention order made on an application by a person of the same description, and

(b)

the person considers that it would be in the public interest for the company, partnership or (as the case may be) relevant body to be wound up.”;

(b)

in subsection (3), for the words from “the Director of Public Prosecutions” to the end substitute “a person who is authorised to present a petition in accordance with subsection (1) or (1A)”;

(c)

in subsection (12) omit the definition of “police-initiated serious crime prevention order”.

(5)

In Schedule 2 (functions of applicant authorities)—

(a)

after paragraph 15 insert—

“Director General of the National Crime Agency

15ZA

The functions of the Director General of the National Crime Agency under this Part are—

(a)

to have the conduct of applications for serious crime prevention orders and interim serious crime prevention orders in England and Wales or for their variation or discharge,

(b)

to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order or an interim serious crime prevention order in England and Wales,

(c)

to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders or interim serious crime prevention orders (whether proceedings on appeal, by virtue of section 27 or otherwise),

(d)

to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders or interim serious crime prevention orders, and

(e)

to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

Commissioners for His Majesty’s Revenue and Customs

15ZB

The functions of the Commissioners for His Majesty’s Revenue and Customs under this Part are—

(a)

to have the conduct of applications for serious crime prevention orders and interim serious crime prevention orders in England and Wales or for their variation or discharge,

(b)

to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order or an interim serious crime prevention order in England and Wales,

(c)

to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders or interim serious crime prevention orders (whether proceedings on appeal, by virtue of section 27 or otherwise),

(d)

to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders or interim serious crime prevention orders, and

(e)

to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).”;

(b)

in paragraph 15A—

(i)

in paragraphs (a), (c) and (d) omit “that are terrorism-related”;

(ii)

in paragraph (b) omit “that is terrorism-related”;

(c)

after paragraph 15B insert—

“Chief Constable of British Transport Police Force

15BA

The functions of the Chief Constable of the British Transport Police Force under this Part are—

(a)

to have the conduct of applications for serious crime prevention orders and interim serious crime prevention orders in England and Wales or for their variation or discharge,

(b)

to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order or an interim serious crime prevention order in England and Wales,

(c)

to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders or interim serious crime prevention orders in England and Wales (whether proceedings on appeal, by virtue of section 27 or otherwise),

(d)

to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders or interim serious crime prevention orders in England and Wales, and

(e)

to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

15BB

(1)

The Chief Constable of the British Transport Police Force may, to such extent as they may decide, delegate the exercise of their functions under this Part to any member of the British Transport Police Force of at least the rank of superintendent.

(2)

References in this Part to the Chief Constable of the British Transport Police Force are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Chief Constable or any member of the British Transport Police Force of at least the rank of superintendent.

Chief Constable of the Ministry of Defence Police

15BC

The functions of the Chief Constable of the Ministry of Defence Police under this Part are—

(a)

to have the conduct of applications for serious crime prevention orders and interim serious crime prevention orders in England and Wales or for their variation or discharge,

(b)

to appear on any application made under section 17 or 18 by another person for the variation or discharge of a serious crime prevention order or an interim serious crime prevention order in England and Wales,

(c)

to have the conduct of, or (as the case may be) appear in, any other proceedings in connection with serious crime prevention orders or interim serious crime prevention orders in England and Wales (whether proceedings on appeal, by virtue of section 27 or otherwise),

(d)

to give advice in connection with any proceedings or possible proceedings in connection with serious crime prevention orders or interim serious crime prevention orders in England and Wales, and

(e)

to do anything for the purposes of, or in connection with, the functions in paragraphs (a) to (d).

15BD

(1)

The Chief Constable of the Ministry of Defence Police may, to such extent as they may decide, delegate the exercise of their functions under this Part to any member of the Ministry of Defence Police of at least the rank of superintendent.

(2)

References in this Part to the Chief Constable of the Ministry of Defence Police are accordingly to be read, so far as necessary for the purposes of sub-paragraph (1), as references to the Chief Constable or any member of the Ministry of Defence Police of at least the rank of superintendent.”