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Serious Organised Crime and Police Act 2005 (c. 15)

(The document as of February, 2008)

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Serious Organised Crime and Police Act 2005

2005 CHAPTER 15

CONTENTS

Content
  1. Part 1

    The Serious Organised Crime Agency

    1. Chapter 1

      SOCA: establishment and activities

      1. Establishment of SOCA

        1. 1. Establishment of Serious Organised Crime Agency

      2. Functions

        1. 2. Functions of SOCA as to serious organised crime

        2. 3. Functions of SOCA as to information relating to crime

        3. 4. Exercise of functions: general considerations

      3. General powers

        1. 5. SOCA's general powers

      4. Annual plans and reports

        1. 6. Annual plans

        2. 7. Annual reports

      5. Central supervision and direction

        1. 8. General duty of Secretary of State and Scottish Ministers

        2. 9. Strategic priorities

        3. 10. Codes of practice

        4. 11. Reports to Secretary of State

        5. 12. Power to direct submission of action plan

        6. 13. Revision of inadequate action plan

        7. 14. Procedure for giving directions under section 12

        8. 15. Reports relating to directions under section 12

        9. 16. Inspections

      6. Financial provisions

        1. 17. Grants by Secretary of State

        2. 18. Determinations relating to grants under section 17

        3. 19. Charges by SOCA and other receipts

        4. 20. Accounts

      7. Operational matters

        1. 21. Operational responsibility of Director General

        2. 22. Activities in Scotland in relation to crime

        3. 23. Mutual assistance between SOCA and law enforcement agencies: voluntary arrangements

        4. 24. Mutual assistance between SOCA and law enforcement agencies: directed arrangements

        5. 25. Directed arrangements: Scotland

        6. 26. Use by SOCA of police premises etc.

        7. 27. Regulations as to equipment

      8. Liability for unlawful conduct

        1. 28. Liability of SOCA for acts of seconded staff etc.

        2. 29. Payment by SOCA of amounts in connection with unlawful conduct of employees etc.

        3. 30. Application of sections 28 and 29 to members of joint investigation teams

        4. 38. Prosecution of offences investigated by SOCA

        5. 39. Directions as to reference of cases and proceedings to appropriate prosecutor

        6. 40. Functions of Director of Revenue and Customs Prosecutions as to persons arrested for designated offence

      9. Miscellaneous and supplementary

        1. 41. Directions

        2. 42. Interpretation of Chapter 1

    2. Chapter 2

      SOCA: special powers of designated staff

      1. Designations

        1. 43. Designation of SOCA staff as persons having powers of constable etc.

        2. 44. Delegation of power to designate

        3. 45. Modification or withdrawal of designations

      2. Powers exercisable

        1. 46. Person having powers of a constable

        2. 47. Person having powers of constable: Scotland and Northern Ireland

        3. 48. Person having customs powers

        4. 49. Person having powers of an immigration officer

      3. Exercise of powers

        1. 50. Designations: supplementary

        2. 51. Assaults, obstruction or deception in connection with designations

      4. Supplementary

        1. 52. Modification of enactments

        2. 53. Employment provisions

        3. 54. Interpretation of Chapter 2

    3. Chapter 3

      SOCA: Miscellaneous and supplementary

      1. Complaints and misconduct

        1. 55. Complaints and misconduct

      2. Application of discrimination legislation

        1. 56. Application of discrimination legislation to SOCA seconded staff

      3. Joint investigation teams

        1. 57. Assaults or obstruction in connection with joint investigation teams

      4. Transfers

        1. 58. Transfers to SOCA

      5. Amendments

        1. 59. Minor and consequential amendments relating to SOCA

  2. Part 2

    Investigations, prosecutions, proceedings and proceeds of crime

    1. Chapter 1

      Investigatory powers of DPP, etc.

      1. Introductory

        1. 60. Investigatory powers of DPP etc.

        2. 61. Offences to which this Chapter applies

      2. Disclosure notices

        1. 62. Disclosure notices

        2. 63. Production of documents

        3. 64. Restrictions on requiring information etc.

        4. 65. Restrictions on use of statements

      3. Enforcement

        1. 66. Power to enter and seize documents

        2. 67. Offences in connection with disclosure notices or search warrants

      4. Supplementary

        1. 68. Procedure applicable to search warrants

        2. 69. Manner in which disclosure notice may be given

        3. 70. Interpretation of Chapter 1

    2. Chapter 2

      Offenders assisting investigations and prosecutions

      1. 71. Assistance by offender: immunity from prosecution

      2. 72. Assistance by offender: undertakings as to use of evidence

      3. 73. Assistance by defendant: reduction in sentence

      4. 74. Assistance by defendant: review of sentence

      5. 75. Proceedings under section 74: exclusion of public

    3. Chapter 3

      Financial reporting orders

      1. 76. Financial reporting orders: making

      2. 77. Financial reporting orders: making in Scotland

      3. 78. Financial reporting orders: making in Northern Ireland

      4. 79. Financial reporting orders: effect

      5. 80. Financial reporting orders: variation and revocation

      6. 81. Financial reporting orders: verification and disclosure

    4. Chapter 4

      Protection of witnesses and other persons

      1. 82. Protection of persons involved in investigations or proceedings

      2. 83. Joint arrangements

      3. 84. Transfer of responsibility to other protection provider

      4. 85. Duty to assist protection providers

      5. 86. Offence of disclosing information about protection arrangements

      6. 87. Defences to liability under section 86

      7. 88. Offences of disclosing information relating to persons assuming new identity

      8. 89. Defences to liability under section 88

      9. 90. Protection from liability

      10. 91. Transitional provision

      11. 92. Transitional provision: supplemental

      12. 93. Provision of information

      13. 94. Interpretation of Chapter 4

    5. Chapter 5

      International obligations

      1. 95. Enforcement of overseas forfeiture orders

      2. 96. Mutual assistance in freezing property or evidence

    6. Chapter 6

      Proceeds of crime

      1. 97. Confiscation orders by magistrates' courts

      2. 98. Civil recovery: freezing orders

      3. 99. Civil recovery: interim receivers' expenses etc.

      4. 100. Detention of seized cash: meaning of "48 hours"

      5. 101. Appeal in proceedings for forfeiture of cash

      6. 102. Money laundering: defence where overseas conduct is legal under local law

      7. 103. Money laundering: threshold amounts

      8. 104. Money laundering: disclosures to identify persons and property

      9. 105. Money laundering: form and manner of disclosures

      10. 106. Money laundering: miscellaneous amendments

      11. 107. Money laundering offences

      12. 108. International co-operation

      13. 109. Minor and consequential amendments relating to Chapter 6

  3. Part 3

    Police powers etc.

    1. Powers of arrest

      1. 110. Powers of arrest

      2. 111. Powers of arrest: supplementary

    2. Exclusion zones

      1. 112. Power to direct a person to leave a place

    3. Search warrants

      1. 113. Search warrants: premises

      2. 114. Search warrants: other amendments

    4. Fireworks

      1. 115. Power to stop and search for prohibited fireworks

    5. Photographing of suspects etc.

      1. 116. Photographing of suspects etc.

    6. Fingerprints and footwear impressions

      1. 117. Fingerprints

      2. 118. Impressions of footwear

    7. Intimate samples

      1. 119. Intimate samples

    8. Custody officers

      1. 120. Staff custody officers: designation

      2. 121. Custody officers: amendments to PACE

    9. Designated and accredited persons

      1. 122. Powers of designated and accredited persons

    10. Provision of information for use by police staff

      1. 123. Provision of information for use by police staff

    11. Interpretation of Part 3

      1. 124. Interpretation of Part 3

  4. Part 4

    Public order and conduct in public places etc.

    1. Harassment

      1. 125. Harassment intended to deter lawful activities

      2. 126. Harassment etc. of a person in his home

      3. 127. Harassment etc: police direction to stay away from person's home

    2. Trespass on designated site

      1. 128. Offence of trespassing on designated site

      2. 129. Corresponding Scottish offence

      3. 130. Designated sites: powers of arrest

      4. 131. Designated sites: access

    3. Demonstrations in vicinity of Parliament

      1. 132. Demonstrating without authorisation in designated area

      2. 133. Notice of demonstrations in designated area

      3. 134. Authorisation of demonstrations in designated area

      4. 135. Supplementary directions

      5. 136. Offences under sections 132 to 135: penalties

      6. 137. Loudspeakers in designated area

      7. 138. The designated area

    4. Anti-social behaviour

      1. 139. Orders about anti-social behaviour etc.

      2. 140. Variation and discharge of anti-social behaviour orders made on conviction

      3. 141. Anti-social behaviour orders etc: reporting restrictions

      4. 142. Contracting out of local authority functions relating to anti-social behaviour orders

      5. 143. Special measures for witnesses in proceedings for anti-social behaviour orders etc.

    5. Parental compensation orders

      1. 144. Parental compensation orders

  5. Part 5

    Miscellaneous

    1. Protection of activities of certain organisations

      1. 145. Interference with contractual relationships so as to harm animal research organisation

      2. 146. Intimidation of persons connected with animal research organisation

      3. 147. Penalty for offences under sections 145 and 146

      4. 148. Animal research organisations

      5. 149. Extension of sections 145 to 147

    2. Vehicle registration and insurance and road traffic offences

      1. 150. Offence in respect of incorrectly registered vehicles

      2. 151. Power of constables etc. to require production of registration documents in respect of a vehicle

      3. 152. Power to seize etc. vehicles driven without licence or insurance

      4. 153. Disclosure of information about insurance status of vehicles

      5. 154. Power to require specimens of breath at roadside or at hospital etc.

      6. 155. Payments by Secretary of State to police authorities in relation to the prevention, detection and enforcement of certain traffic offences

      7. 156. Payments by Scottish Ministers to police authorities etc. in relation to the prevention, detection and enforcement of certain traffic offences

    3. Local policing information

      1. 157. Publication of local policing information

    4. Other miscellaneous police matters

      1. 158. Responsibilities in relation to the health and safety etc. of police

      2. 159. Investigations: accelerated procedure in special cases

      3. 160. Investigations: deaths and serious injuries during or after contact with the police

    5. Royal Parks etc.

      1. 161. Abolition of Royal Parks Constabulary

      2. 162. Regulation of specified parks

    6. Criminal record checks

      1. 163. Criminal record certificates

      2. 164. Criminal records checks: verification of identity

      3. 165. Certain references to police forces

      4. 166. Further amendments to Police Act 1997 as it applies to Scotland

      5. 167. Part 5 of the Police Act 1997: N

  6. Part 6

    Final provisions

    1. 172. Orders and regulations

    2. 173. Supplementary, incidental, consequential etc. provision

    3. 174. Minor and consequential amendments, repeals and revocations

    4. 175. Penalties for offences: transitional modification for England and Wales

    5. 176. Expenses

    6. 177. Interpretation

    7. 178. Commencement

    8. 179. Short title and extent

    1. Schedule 1

      The Serious Organised Crime Agency

      1. Part 1

        The Board of SOCA

      2. Part 2

        Director General and other staff

      3. Part 3

        Committees, procedure etc.

      4. Part 4

        General

    2. Schedule 2

      Functions of Independent Police Complaints Commission in relation to SOCA

    3. Schedule 3

      Transfers to SOCA

    4. Schedule 4

      Minor and consequential amendments relating to SOCA

    5. Schedule 5

      Persons specified for the purposes of section 82

    6. Schedule 6

      Minor and consequential amendments relating to Chapter 6 of Part 2

    7. Schedule 7

      Powers of Arrest: supplementary

      1. Part 1

        Specific repeals

      2. Part 2

        General repeal

      3. Part 3

        Amendments relating to references to arrestable offences and serious arrestable offences

      4. Part 4

        Other amendments

    8. Schedule 8

      Powers of designated and accredited persons

      1. Part 1

        Designated persons

      2. Part 2

        Accredited persons

    9. Schedule 9

      Additional powers and duties of designated persons

    10. Schedule 10

      Parental compensation orders

      1. Part 1

        England and Wales

      2. Part 2

        Northern Ireland

    11. Schedule 11

      Investigations into conduct of police officers: accelerated procedure in special cases

    12. Schedule 12

      Investigations of deaths and serious injuries during or after contact with the police

    13. Schedule 13

      Abolition of Royal Parks Constabulary: supplementary

      1. Part 1

        Transfers to Metropolitan Police Authority

      2. Part 2

        Amendments

    14. Schedule 14

      Amendments of Part 5 of Police Act 1997

    15. Schedule 15

      Private Security Industry Act 2001: Scottish extent

    16. Schedule 16

      Remaining minor and consequential amendments (search warrants)

    17. Schedule 17

      Repeals and revocations

      1. Part 1

        Repeals coming into force on Royal Assent

      2. Part 2

        Other repeals and revocations

An Act to provide for the establishment and functions of the Serious Organised Crime Agency; to make provision about investigations, prosecutions, offenders and witnesses in criminal proceedings and the protection of persons involved in investigations or proceedings; to provide for the implementation of certain international obligations relating to criminal matters; to amend the Proceeds of Crime Act 2002; to make further provision for combatting crime and disorder, including new provision about powers of arrest and search warrants and about parental compensation orders; to make further provision about the police and policing and persons supporting the police; to make provision for protecting certain organisations from interference with their activities; to make provision about criminal records; to provide for the Private Security Industry Act 2001 to extend to Scotland; and for connected purposes.

[7th April 2005]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part 1 The Serious Organised Crime Agency

Chapter 1 SOCA: establishment and activities

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Establishment of SOCA

1 Establishment of Serious Organised Crime Agency

(1) There shall be a body corporate to be known as the Serious Organised Crime Agency ("SOCA").

(2) Schedule 1 makes provision about the constitution, members and staff of SOCA and other matters relating to it.

(3) Each of the following bodies shall cease to exist on such date as the Secretary of State appoints by order--

(a) the National Criminal Intelligence Service and its Service Authority, and

(b) the National Crime Squad and its Service Authority.



Functions

2 Functions of SOCA as to serious organised crime

(1) SOCA has the functions of--

(a) preventing and detecting serious organised crime, and

(b) contributing to the reduction of such crime in other ways and to the mitigation of its consequences.

(2) SOCA's functions under subsection (1) are exercisable subject to subsections (3) to (5) (but subsection (3) does not apply to Scotland).

(3) If, in exercising its function under subsection (1)(a), SOCA becomes aware of conduct appearing to SOCA to involve serious or complex fraud, SOCA may thereafter exercise that function in relation to the fraud in question only--

(a) with the agreement of the Director, or an authorised officer, of the Serious Fraud Office, or

(b) if the Serious Fraud Office declines to act in relation to it.

(4) If, in exercising its function under subsection (1)(a), SOCA becomes aware of conduct appearing to SOCA to involve revenue fraud, SOCA may thereafter exercise that function in relation to the fraud in question only with the agreement of the Commissioners.

(5) Before exercising its function under subsection (1)(b) in any way in relation to revenue fraud, SOCA must consult the Commissioners.

(6) The issue of whether SOCA's function under subsection (1)(a) continued to be exercisable in any circumstances within subsection (3) or (4) may not be raised in any criminal proceedings.

(7) In this section "revenue fraud" includes fraud relating to taxes, duties and national insurance contributions.

(8) In this Chapter "the Commissioners" means the Commissioners for Her Majesty's Revenue and Customs.

3 Functions of SOCA as to information relating to crime

(1) SOCA has the function of gathering, storing, analysing and disseminating information relevant to--

(a) the prevention, detection, investigation or prosecution of offences, or

(b) the reduction of crime in other ways or the mitigation of its consequences.

(2) SOCA may disseminate such information to--

(a) police forces within subsection (3),

(b) special police forces,

(c) law enforcement agencies, or

(d) such other persons as it considers appropriate in connection with any of the matters mentioned in subsection (1)(a) or (b).

(3) The police forces within this subsection are--

(a) police forces in the United Kingdom, and

(b) the States of Jersey Police Force, the salaried police force of the Island of Guernsey and the Isle of Man Constabulary.

(4) In this section "law enforcement agency" means--

(a) the Commissioners or any other government department,

(b) the Scottish Administration,

(c) any other person who is charged with the duty of investigating offences or charging offenders, or

(d) any other person who is engaged outside the United Kingdom in the carrying on of activities similar to any carried on by SOCA or a police force.

(5) In this Chapter "special police force" means--

(a) the Ministry of Defence Police,

(b) the British Transport Police Force,

(c) the Civil Nuclear Constabulary, or

(d) the Scottish Drug Enforcement Agency.

4 Exercise of functions: general considerations

(1) In exercising its functions SOCA must have regard to the matters mentioned in subsection (2).

(2) The matters are--

(a) SOCA's current annual plan under section 6 together with any priorities determined by SOCA under that section that are specified in the plan,

(b) any current strategic priorities determined by the Secretary of State under section 9, and

(c) any current performance targets established by SOCA.

(3) In exercising any function to which a code of practice under section 10 relates, SOCA must have regard to the code.



General powers

5 SOCA's general powers

(1) SOCA has the general powers conferred by this section.

(2) SOCA may--

(a) institute criminal proceedings in England and Wales or Northern Ireland;

(b) at the request of the chief officer of a police force within section 3(3) or of a special police force, act in support of any activities of that force;

(c) at the request of any law enforcement agency, act in support of any activities of that agency;

(d) enter into other arrangements for co-operating with bodies or persons (in the United Kingdom or elsewhere) which it considers appropriate in connection with the exercise of any of SOCA's functions under section 2 or 3 or any activities within subsection (3).

(3) Despite the references to serious organised crime in section 2(1), SOCA may carry on activities in relation to other crime if they are carried on for the purposes of any of the functions conferred on SOCA by section 2 or 3.

(4) Subsection (3) does not affect the generality of section 3(1).

(5) SOCA may furnish such assistance as it considers appropriate in response to requests made by any government or other body exercising functions of a public nature in any country or territory outside the United Kingdom.

(6) Subsection (5) does not apply to any request for assistance which--

(a) could be made under section 13 of the Crime (International Co-operation) Act 2003 (c. 32) (requests by overseas authorities to obtain evidence), and

(b) is not a request in relation to which SOCA has functions under that section by virtue of an order under section 27(2) of that Act.

(7) In this section "law enforcement agency" has the meaning given by section 3(4).



Annual plans and reports

6 Annual plans

(1) Before the beginning of each financial year SOCA must issue a plan setting out how SOCA intends to exercise its functions during that year ("the annual plan").

(2) The annual plan must (in particular) set out how SOCA intends to exercise its functions in Scotland and in Northern Ireland.

(3) The annual plan must also include a statement of--

(a) any priorities which SOCA has determined for that year,

(b) any current strategic priorities determined by the Secretary of State under section 9,

(c) any current performance targets established by SOCA, and

(d) the financial resources that are expected to be available to SOCA for that year.

(4) Any priorities within subsection (3)(a) may relate--

(a) to matters to which strategic priorities determined under section 9 also relate, or

(b) to other matters,

but in any event must be so framed as to be consistent with strategic priorities determined under that section.

(5) The annual plan must state, in relation to each priority within subsection (3)(a) or (b), how SOCA intends to give effect to that priority.

(6) SOCA must arrange for the annual plan to be published in such manner as it considers appropriate.

(7) SOCA must send a copy of the annual plan to--

(a) the Secretary of State,

(b) the Scottish Ministers,

(c) the Commissioners,

(d) each police authority for an area in Great Britain, each joint police board and the Northern Ireland Policing Board,

(e) the chief officer of each police force in the United Kingdom, and

(f) such other persons as SOCA considers appropriate.

(8) In subsection (7)(d) the reference to a police authority for an area in Great Britain does not include a constituent authority in an amalgamation scheme approved under section 19(1) of the Police (Scotland) Act 1967 (c. 77).

(9) Before issuing its annual plan for any financial year, SOCA must--

(a) consult the Scottish Ministers and agree with them what provision the plan is to make for Scotland by virtue of subsection (2); and

(b) consult such other persons as it considers appropriate.

7 Annual reports

(1) As soon as possible after the end of each financial year SOCA must issue a report on the exercise of its functions during that year (an "annual report").

(2) The annual report must include an assessment of the extent to which the annual plan for that year under section 6 has been carried out.

(3) SOCA must arrange for the annual report to be published in such manner as it considers appropriate.

(4) SOCA must send a copy of the annual report to--

(a) the Secretary of State,

(b) the Scottish Ministers,

(c) the Commissioners,

(d) each police authority for an area in Great Britain, each joint police board and the Northern Ireland Policing Board,

(e) the chief officer of each police force in the United Kingdom, and

(f) such other persons as SOCA considers appropriate.

(5) In subsection (4)(d) the reference to a police authority for an area in Great Britain does not include a constituent authority in an amalgamation scheme approved under section 19(1) of the Police (Scotland) Act 1967.

(6) The Secretary of State must lay a copy of the annual report before Parliament.

(7) The Scottish Ministers must lay a copy of the annual report before the Scottish Parliament.



Central supervision and direction

8 General duty of Secretary of State and Scottish Ministers

The Secretary of State and the Scottish Ministers must exercise the powers respectively conferred on him and them under this Chapter in such manner and to such extent as appear to him and them to be best calculated to promote the efficiency and effectiveness of SOCA.

9 Strategic priorities

(1) The Secretary of State may determine strategic priorities for SOCA.

(2) Before determining any such priorities the Secretary of State must consult--

(a) SOCA,

(b) the Scottish Ministers, and

(c) such other persons as he considers appropriate.

(3) The Secretary of State must arrange for any priorities determined under this section to be published in such manner as he considers appropriate.

10 Codes of practice

(1) The Secretary of State may issue codes of practice relating to the exercise by SOCA of any of its functions.

(2) The Secretary of State may from time to time revise the whole or any part of a code of practice issued under this section.

(3) Before issuing or revising a code of practice issued under this section the Secretary of State must consult--

(a) SOCA,

(b) the Scottish Ministers, and

(c) such other persons as he considers appropriate.

(4) The Secretary of State must lay before Parliament--

(a) any code of practice issued under this section, and

(b) any revisions of such a code.

(5) The Secretary of State--

(a) is not required by subsection (4) to lay before Parliament, or

(b) may exclude from what he does lay before Parliament,

anything to which subsection (6) applies.

(6) This subsection applies to anything the publication of which, in the opinion of the Secretary of State--

(a) would be against the interests of national security, or

(b) could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, or

(c) could jeopardise the safety of any person.

(7) The Secretary of State must provide the Scottish Ministers with a copy of--

(a) any code of practice issued under this section, or

(b) any revisions of such a code.

11 Reports to Secretary of State

(1) The Secretary of State may require SOCA to submit a report to him on such matters--

(a) connected with the exercise of SOCA's functions, or

(b) otherwise connected with any of SOCA's activities,

as may be specified in the requirement.

(2) A report submitted under subsection (1) must be in such form as may be so specified.

(3) The Secretary of State must consult the Scottish Ministers before imposing any requirement under that subsection relating to any functions or activities of SOCA--

(a) exercised or carried out in Scotland, or

(b) exercised or carried out outside, but in relation to, Scotland.

(4) The Secretary of State may--

(a) arrange, or

(b) require SOCA to arrange,

for a report under this section to be published in such manner as he considers appropriate.

(5) But the Secretary of State may exclude any part of a report from publication under subsection (4) if, in his opinion, publication of that part--

(a) would be against the interests of national security, or

(b) could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, or

(c) could jeopardise the safety of any person.

12 Power to direct submission of action plan

(1) This section applies where an inspection report made to the Secretary of State states--

(a) that, in the opinion of the person making the report, the whole or any part of SOCA is (whether generally or in particular respects) not efficient or not effective; or

(b) that, in that person's opinion, the whole or part of SOCA will cease to be efficient or effective (whether generally or in particular respects) unless remedial measures are taken.

(2) If the Secretary of State considers that remedial measures are required in relation to any matters identified by the report, he may direct SOCA--

(a) to submit an action plan to him, and

(b) to do so within such period as is specified in the direction (which must be a period ending not less than 4, and not more than 12, weeks after the direction is given).

(3) An "action plan" is a plan setting out the remedial measures which SOCA proposes to take in relation to the matters in respect of which the direction is given.

(4) The provision that a direction under this section may require to be included in an action plan includes--

(a) provision setting out the steps that SOCA proposes should be taken in respect of the matters in respect of which the direction is given, and the performance targets that SOCA proposes should be met;

(b) provision setting out SOCA's proposals as to the times within which those steps are to be taken and those targets met, and the means by which the success of the plan's implementation is to be measured;

(c) provision for the making of progress reports to the Secretary of State about the plan's implementation;

(d) provision as to the times at which, and the manner in which, any progress report is to be made; and

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