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

(The document as of February, 2008)

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

(e) provision for the duration of the plan and for it to cease to apply in circumstances determined by the Secretary of State.

(5) But nothing in this section authorises the Secretary of State to direct the inclusion in an action plan of any requirement to do or not to do anything--

(a) in a particular case identified for the purposes of the requirement, or

(b) in relation to a particular person so identified.

(6) The Secretary of State must consult the Scottish Ministers before giving any direction under this section in connection with 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.

(7) In this section "an inspection report" means a report under section 16.

(8) If this section applies at a time when there is already an action plan in force--

(a) references in this section to the submission of an action plan to the Secretary of State include references to the submission of revisions of the existing plan, and

(b) the other provisions of this section have effect accordingly.

13 Revision of inadequate action plan

(1) This section applies where the Secretary of State is of the opinion that any remedial measures contained in an action plan submitted to him under section 12 are inadequate.

(2) The Secretary of State may notify SOCA of that opinion and of his reasons for it.

(3) The Secretary of State must consult the Scottish Ministers before forming an opinion for the purposes of subsection (1) as to any remedial measures proposed in connection with 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) If SOCA receives a notification under subsection (2)--

(a) it must consider whether to revise the plan in the light of the matters notified to it, and

(b) if it does revise the plan, it must send a copy of the revised plan to the Secretary of State.

(5) References in this section to an action plan submitted to the Secretary of State under section 12 include references to revisions submitted to him by virtue of subsection (8) of that section.

14 Procedure for giving directions under section 12

(1) The Secretary of State may not give a direction under section 12 unless the conditions in subsection (2) are satisfied.

(2) The conditions are--

(a) SOCA must have been given such information about the Secretary of State's grounds for proposing to give the direction as he considers appropriate for enabling it to make representations or proposals under paragraphs (b) and (c) below;

(b) SOCA must have been given an opportunity of making representations about those grounds;

(c) SOCA must have had an opportunity of making proposals for the taking of remedial measures that would make it unnecessary to give the direction; and

(d) the Secretary of State must have considered any such representations and any such proposals.

15 Reports relating to directions under section 12

(1) This section applies where the Secretary of State exercises his power to give a direction under section 12.

(2) The Secretary of State must prepare a report on his exercise of that power.

(3) A report under subsection (2)--

(a) is to be prepared at such time as the Secretary of State considers appropriate, and

(b) may relate to more than one exercise of the power.

(4) The Secretary of State must--

(a) lay before each House of Parliament a copy of any report prepared under subsection (2), and

(b) send a copy of any such report to the Scottish Ministers.

(5) The Scottish Ministers must lay before the Scottish Parliament any copy of a report sent to them under subsection (4).

16 Inspections

(1) Her Majesty's Inspectors of Constabulary ("HMIC") must inspect SOCA from time to time.

(2) HMIC must also inspect SOCA if requested to do so by the Secretary of State either--

(a) generally, or

(b) in respect of a particular matter.

(3) Before requesting an inspection that would fall to be carried out wholly or partly in Scotland, the Secretary of State must consult the Scottish Ministers.

(4) Any inspection under this section must be carried out jointly by HMIC and the Scottish inspectors--

(a) if it is carried out wholly in Scotland, or

(b) in a case where it is carried out partly in Scotland, to the extent that it is carried out there.

(5) Following an inspection under this section, HMIC must report to the Secretary of State on the efficiency and effectiveness of SOCA either--

(a) generally, or

(b) in the case of an inspection under subsection (2)(b), in respect of the matter to which the inspection related.

(6) A report under subsection (5) must be in such form as the Secretary of State may direct.

(7) The Secretary of State must arrange for every report which he receives under subsection (5) to be published in such manner as he considers appropriate.

(8) The Secretary of State may exclude from publication under subsection (7) any part of a report if, in his opinion, the 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

(9) The Secretary of State must send a copy of the published report--

(a) to SOCA, and

(b) if subsection (4) applied to the inspection, to the Scottish Ministers.

(10) SOCA must--

(a) prepare comments on the published report, and

(b) arrange for its comments to be published in such manner as it considers appropriate.

(11) SOCA must send a copy of any document published under subsection (10)(b)--

(a) to the Secretary of State, and

(b) if subsection (4) applied to the inspection, to the Scottish Ministers.

(12) The inspectors shall carry out such other duties for the purpose of furthering the efficiency and effectiveness of SOCA as the Secretary of State may from time to time direct.

(13) In this section "the Scottish inspectors" means the inspectors of constabulary appointed under section 33(1) of the Police (Scotland) Act 1967 (c. 77).

Financial provisions

17 Grants by Secretary of State

(1) The Secretary of State must make a grant to SOCA in respect of each of its financial years.

(2) The grant in respect of a financial year is to be paid--

(a) at such time, or

(b) in instalments of such amounts and at such times,

as the Secretary of State may determine (and any such time may fall within or after that year).

18 Determinations relating to grants under section 17

(1) The Secretary of State must determine the amount of the grant to be made under section 17 in respect of each of SOCA's financial years.

(2) But a determination under subsection (1) may, if the Secretary of State thinks fit, specify a single amount in respect of two or more financial years.

(3) A determination under that subsection may be varied by a subsequent determination.

(4) Where the Secretary of State makes any determination under subsection (1), he must prepare a report--

(a) setting out the determination, and

(b) stating the considerations which he took into account in making it.

(5) The Secretary of State must--

(a) send SOCA a copy of each report under subsection (4), and

(b) lay a copy of each such report before the House of Commons.

(6) In connection with the exercise of his functions under this section, the Secretary of State may require SOCA--

(a) to provide him with such information as he may specify, and

(b) to do so within such period as he may specify.

19 Charges by SOCA and other receipts

(1) SOCA may make charges in respect of--

(a) the provision by SOCA of any goods or services to any person, or

(b) an agreement for the provision by SOCA of any such goods or services.

(2) Any charges made under subsection (1) may include amounts calculated by reference to expenditure incurred, or expected to be incurred, by SOCA otherwise than directly in connection with the provision of the goods or services concerned.

(3) Apart from--

(a) grants under section 17,

(b) sums received under section 30(6), and

all sums received by SOCA in the course of, or in connection with, the exercise of its functions must be paid to the Secretary of State.

(4) Subsection (3) does not apply where the Secretary of State so directs.

(5) Any sums received by the Secretary of State under subsection (3) must be paid into the Consolidated Fund.

20 Accounts

(1) SOCA must--

(a) keep proper accounts and proper records in relation to the accounts; and

(b) prepare a statement of accounts in respect of each financial year.

(2) A statement of accounts under subsection (1) must be in such form, and contain such information, as the Secretary of State may direct.

(3) SOCA must send copies of the statement of accounts for a financial year--

(a) to the Secretary of State, and

(b) to the Comptroller and Auditor General,

within such period following the end of the financial year as the Secretary of State may specify.

(4) The Comptroller and Auditor General must--

(a) examine, certify and report on the statement of accounts, and

(b) lay copies of the statement and of his report before each House of Parliament.

Operational matters

21 Operational responsibility of Director General

(1) The Director General of SOCA has the function of exercising general operational control in relation to the activities carried out in the exercise of SOCA's functions.

(2) This function includes deciding--

(a) which particular operations are to be mounted in the exercise of any of those functions, and

(b) how such operations are to be conducted.

22 Activities in Scotland in relation to crime

(1) SOCA may only carry out activities in Scotland in relation to an offence which it suspects has been committed (or is being committed) if it does so with the agreement of the Lord Advocate.

(2) In carrying out any such activities in Scotland SOCA must comply with such directions (whether general or special) as it may receive from the Lord Advocate or from the procurator fiscal.

(3) If it suspects that an offence has been committed (or is being committed) in Scotland, SOCA must report the matter to the procurator fiscal as soon as is practicable.

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

(1) Subsection (2) applies if--

(a) the chief officer of a police force in the British Islands or of a special police force, or

(b) a law enforcement agency operating in the British Islands,

notifies the Director General of SOCA that that force or agency has a special need for assistance from SOCA and requests the Director General of SOCA to provide it with such assistance.

(2) In such a case the Director General of SOCA may provide that force or agency with--

(a) such members of the staff of SOCA, or

(b) such other assistance,

as the Director General of SOCA considers appropriate in the circumstances.

(3) Subsection (4) applies if the Director General of SOCA notifies--

(a) the chief officer of a police force in the United Kingdom or of a special police force, or

(b) a law enforcement agency operating in the United Kingdom,

that SOCA has a special need for assistance from that force or agency and requests it to provide SOCA with such assistance.

(4) In such a case the chief officer of that force or the agency in question may provide SOCA with--

(a) such constables or members of the staff of the agency, or

(b) such other assistance,

as the chief officer or the agency considers appropriate in the circumstances.

(5) But before the Scottish Drug Enforcement Agency provides any constable under subsection (4), its Director must obtain the agreement of the chief constable of the police force from which the constable is seconded to the Agency.

(6) Where a member of the staff of SOCA is provided under this section for the assistance of a police force, a special police force or a law enforcement agency, he shall be under the direction and control of the chief officer of the force or the head of the agency (as the case may be).

(7) Where--

(a) a constable,

(b) a member of the staff of the Scottish Drug Enforcement Agency, or

is provided under this section for the assistance of SOCA, he shall be under the direction and control of the Director General of SOCA (despite anything in, or in any agreement made under, any other enactment).

(8) Where SOCA provides assistance under this section for--

(a) a police force in the United Kingdom or a special police force, or

(b) a law enforcement agency operating in the United Kingdom,

the relevant police authority or (as the case may be) that agency must pay to SOCA such contribution, if any, as may be agreed between them or, in the absence of agreement, as may be determined by the Secretary of State.

(9) Where SOCA is provided with assistance under this section by--

(a) a police force in the United Kingdom or a special police force, or

(b) a law enforcement agency operating in the United Kingdom,

SOCA must pay to the relevant police authority or (as the case may be) that agency such contribution, if any, as may be agreed between them or, in the absence of agreement, as may be determined by the Secretary of State.

(10) If the assistance mentioned in subsection (8) or (9) is provided for or (as the case may be) by--

(a) a police force in Scotland,

(b) the Scottish Drug Enforcement Agency, or

the Secretary of State must, before making a determination under the subsection in question, consult the Scottish Ministers.

(11) In this section--

"law enforcement agency" has the meaning given by section 3(4) (subject to any territorial restrictions contained in this section);
"police force", in relation to the British Islands, includes the States of Jersey Police Force, the salaried police force of the Island of Guernsey and the Isle of Man Constabulary;
"relevant police authority" means--
(a)
in relation to a police force in Great Britain, the police authority maintaining that force (or, in the case of a police force for a combined area, the joint police board for that area),
(b)
in relation to the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve, the Northern Ireland Policing Board,
(c)
in relation to the Ministry of Defence Police, the Secretary of State,
(d)
in relation to the British Transport Police Force, the British Transport Police Authority,
(e)
in relation to the Civil Nuclear Constabulary, the Civil Nuclear Police Authority, and
(f)
in relation to the Scottish Drug Enforcement Agency, the Agency itself.

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

(1) This section applies where it appears to the Secretary of State--

(a) that a body within subsection (2) has a special need for assistance from SOCA or SOCA has a special need for assistance from a body within that subsection,

(b) that it is expedient for such assistance to be provided by SOCA or (as the case may be) the body, and

(2) The bodies within this subsection are--

(a) any police force in England and Wales or Northern Ireland,

(b) any special police force other than the Scottish Drug Enforcement Agency, and

(3) In a case where this section applies the Secretary of State may (as appropriate)--

(a) direct the chief officer of the police force to provide such constables or other assistance for the purpose of meeting the need in question as may be specified in the direction;

(b) direct the chief officer of the special police force to provide such constables or other persons, or such other assistance, for the purpose of meeting the need in question as may be so specified;

(c) direct the head of the law enforcement agency to provide such members of the staff of that agency or other assistance for the purpose of meeting the need in question as may be so specified;

(d) direct the Director General of SOCA to provide such members of the staff of SOCA or other assistance for the purpose of meeting the need in question as may be so specified.

(4) A direction under subsection (3) requires the consent of the Treasury if it is to be given to the Commissioners.

(5) Subsections (6) to (9) of section 23 apply in relation to assistance provided under this section--

(a) by SOCA to a police force, a special police force or a law enforcement agency, or

(b) to SOCA by a police force, a special police force or a law enforcement agency,

as they apply in relation to assistance so provided under that section.

(6) In this section "law enforcement agency" has the meaning given by section 3(4) (subject to the territorial restriction contained in subsection (2) above).

25 Directed arrangements: Scotland

(1) This section applies where it appears to the Scottish Ministers--

(a) that a body within subsection (2) has a special need for assistance from SOCA or SOCA has a special need for assistance from a body within that subsection,

(b) that it is expedient for such assistance to be provided by SOCA or (as the case may be) the body, and

(2) The bodies within this subsection are--

(a) any police force in Scotland, and

(b) the Scottish Drug Enforcement Agency.

(3) In a case where this section applies the Scottish Ministers may (as appropriate)--

(a) direct the chief officer of the police force to provide such constables or other assistance for the purpose of meeting the need in question as may be specified in the direction;

(b) direct the Director of the Scottish Drug Enforcement Agency to provide such constables or other persons, or other assistance, for the purpose of meeting the need in question as may be so specified;

(c) with the agreement of the Secretary of State, direct the Director General of SOCA to provide such members of the staff of SOCA or other assistance for the purpose of meeting the need in question as may be so specified.

(4) Subsections (6) to (10) of section 23 apply in relation to assistance provided under this section--

(a) by SOCA to a police force in Scotland or to the Scottish Drug Enforcement Agency, or

(b) to SOCA by a police force in Scotland or by the Scottish Drug Enforcement Agency,

as they apply in relation to assistance so provided under that section.

26 Use by SOCA of police premises etc.

(1) Arrangements may be made between--

(a) SOCA, and

(b) the relevant police authority,

under which SOCA may use such premises, equipment or other material, facilities or services made available by a police force in England and Wales or Northern Ireland as are specified or described in the arrangements.

(2) If it appears to the Secretary of State--

(a) that it is expedient for arrangements within subsection (1) to be made between SOCA and the relevant police authority, and

(b) that satisfactory arrangements cannot be made, or cannot be made in time, under that subsection,

he may direct SOCA and that authority to enter into such arrangements within that subsection as are specified in the direction.

(3) Before giving such a direction to SOCA or the relevant police authority the Secretary of State must--

(a) notify that body that he is proposing to give the directions, and

(b) consider any representations made to him by that body.

(4) Any arrangements under this section may be varied or terminated by agreement between the parties.

(5) But arrangements entered into in pursuance of a direction under subsection (2) may not be so terminated without the consent of the Secretary of State.

(6) Where any expenditure is incurred by the relevant police authority by virtue of any arrangements under this section, SOCA must pay to the authority such contribution, if any, in respect of that expenditure--

(a) as may be agreed between them, or

(b) in the absence of agreement, as may be determined by the Secretary of State.

(7) In this section "relevant police authority" means--

(a) in relation to a police force in England and Wales, the police authority maintaining that force, and

(b) in relation to the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve, the Northern Ireland Policing Board.

27 Regulations as to equipment

(1) The Secretary of State may make regulations requiring equipment used by SOCA to satisfy such requirements as to design and performance as may be prescribed by the regulations.

(2) The Secretary of State may by regulations make any of the following kinds of provision--

(a) provision requiring SOCA, when using equipment for the purposes specified in the regulations, to use only--

(i) the equipment which is specified in the regulations,

(ii) equipment which is of a description so specified, or

(iii) equipment which is of a type approved by the Secretary of State in accordance with the regulations;

(b) provision prohibiting SOCA from using equipment of a type approved as mentioned in paragraph (a)(iii) except--

(i) where the conditions subject to which the approval was given are satisfied, and

(ii) in accordance with the other terms of that approval;

(c) provision requiring equipment used by SOCA to comply with such conditions as may be specified in the regulations, or as may be approved by the Secretary of State in accordance with the regulations;

(d) provision prohibiting SOCA from using equipment specified in the regulations, or any equipment of a description so specified.

(3) Before making regulations under this section Secretary of State must consult--

(a) SOCA, and

(b) such other persons as he considers appropriate.

(4) In this section "equipment" includes--

(a) vehicles, and

(b) headgear and protective and other clothing.

Liability for unlawful conduct

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