Serious Organised Crime and Police Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Serious Organised Crime and Police Bill

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
11

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Determinations relating to grants under section 18
(1)
The Secretary of State must determine the amount of the grant to be made under section
18 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.
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(3)
A determination under that subsection may be varied by a subsequent determination.
(4)
Any proposed conditions under section 18(3) must be included in a determination
under subsection (1) relating to the grant in question.
(5)
Where the Secretary of State makes any determination under subsection (1), he
must prepare a report—
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(a)
setting out the determination (including any proposed conditions
under section 18(3)), and
(b)
stating the considerations which he took into account in making it.
(6)
The Secretary of State must—
(a)
send SOCA a copy of each report under subsection (5), and
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(b)
lay a copy of each such report before the House of Commons.
(7)
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.
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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
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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 18,
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(b)
sums received under section 30(6), and
(c)
sums borrowed by SOCA under paragraph 21 of Schedule 1,

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.
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(5)
Any sums received by the Secretary of State under subsection (3) must be paid into the
Consolidated Fund.
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Accounts
(1)
SOCA must—
(a)
keep proper accounts and proper records in relation to the accounts;
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and

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
12

(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
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(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
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(b)
lay copies of the statement and of his report before each House of
Parliament.
Operational matters
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Operational responsibility of Director General
(1)
The Director General of SOCA has the function of exercising general
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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
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(b)
how such operations are to be conducted.
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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.
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(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
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practicable.
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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
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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.
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Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
13

(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.
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(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
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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,
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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.
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(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—
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(a)
a constable,
(b)
a member of the staff of the Scottish Drug Enforcement Agency, or
(c)
a member of the staff of a law enforcement agency,

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
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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
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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,
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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)
In this section—
“law enforcement agency” has the meaning given by section 3(4) (subject
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to any territorial restrictions contained in this section);

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
14

“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
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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,
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(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
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Police Authority, and
(f)
in relation to the Scottish Drug Enforcement Agency, the
Agency itself.
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Mutual assistance between SOCA and law enforcement agencies: directed
arrangements
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(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
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the case may be) the body, and
(c)
that satisfactory arrangements cannot be made, or cannot be made in
time, under section 24.
(2)
The bodies within this subsection are—
(a)
any police force in the United Kingdom,
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(b)
any special police force, and
(c)
any law enforcement agency operating in the United Kingdom.
(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
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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;
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(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
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in question as may be so specified.
(4)
A direction under subsection (3) requires—

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
15

(a)
the consent of the Scottish Ministers, if it is to be given to the chief
constable of a police force in Scotland or to the Director of the Scottish
Drug Enforcement Agency, and
(b)
the consent of the Treasury, if it is to be given to the Commissioners.
(5)
Subsections (6) to (9) of section 24 apply in relation to assistance provided
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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,
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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).
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Use by SOCA of police premises etc.
(1)
Arrangements may be made between—
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(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.
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(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,
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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
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(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.
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(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
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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

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
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(b)
in relation to the Police Service of Northern Ireland or the Police Service
of Northern Ireland Reserve, the Northern Ireland Policing Board.
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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
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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—
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(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
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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
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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—
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(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.
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Liability of SOCA for acts of seconded staff
(1)
SOCA is liable in respect of unlawful conduct of seconded persons in the
carrying out, or the purported carrying out, of their functions as members of
SOCA’s staff in the same manner as an employer is liable in respect of any
unlawful conduct of his employees in the course of his employment.
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(2)
In the case of any such unlawful conduct of seconded persons which is a tort,
SOCA is accordingly to be treated as a joint tortfeasor.

This subsection does not apply to Scotland.
(3)
In this section “seconded person” means any constable or other person who has
been seconded to SOCA to serve as a member of its staff.
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