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 6 — Final provisions
115

Section
Modified period of

imprisonment

section 46(4)(a)
6 months

section 46(5)(a)
1 month

section 51(4)(a)
6 months

5

section 51(5)(a)
1 month

section 61(4)(a)
6 months

section 71(10)(a)
6 months

section 103(5)
4 months

section 120(5)(a)
6 months

10

section 124(4)(b)
3 months

section 124(5)
3 months.

152
Expenses
(1)
There shall be paid out of money provided by Parliament—
(a)
any expenditure incurred by the Secretary of State by virtue of this Act;
15
(b)
any increase attributable to this Act in the sums payable out of money so
provided under any other enactment.
(2)
Subsection (1)(a) does not apply to any expenditure of the Secretary of State under
section 132.
153
Interpretation
20
(1)
In this Act “SOCA” means the Serious Organised Crime Agency.
(2)
In this Act “enactment” includes—
(a)
an enactment contained in or made under an Act of the Scottish
Parliament or Northern Ireland legislation, and
(b)
an enactment comprised in subordinate legislation (within the meaning
25
of the Interpretation Act 1978 (c. 30)).
(3)
In this Act references to enactments include enactments passed or made after
the passing of this Act.
(4)
Subsections (2) and (3) apply except where the context otherwise requires.
154
Commencement
30
(1)
The following provisions come into force on the day on which this Act is
passed—
(a)
sections 135, 148, 149, 152, 153, this section and section 155, and
(b)
Part 1 of Schedule 16 and (so far as it relates to that Part of that
Schedule) section 150.
35

Serious Organised Crime and Police Bill
Part 6 — Final provisions
116

(2)
Section 140(4) comes into force at the end of the period of three months
beginning with the day on which this Act is passed.
(3)
Sections 70 and 133 come into force on such day as the Scottish Ministers may
by order appoint.
(4)
So far as they extend to Scotland—
5
(a)
Chapter 1 of Part 2,
(b)
sections 71 to 73,
(c)
Chapter 4 of Part 2 (including Schedule 5),
(d)
sections 140 to 143, and
(e)
Schedule 14,
10

come into force on such day as the Scottish Ministers may by order appoint.
(5)
The following provisions come into force on such day as the Scottish Ministers
may by order appoint after consulting the Secretary of State—
(a)
section 88 so far as it has effect for the purpose of conferring functions
on the Scottish Ministers, and
15
(b)
section 147 and Schedule 15.
(6)
The following provisions come into force on such day as the Secretary of State
may by order appoint after consulting the Scottish Ministers—
(a)
sections 87, 90(2), 91(2) and (3), 92, 93 and 99, and
(b)
paragraphs 1 and 6 of Schedule 6, and section 90(3) so far as relating to
20
those paragraphs.
(7)
Otherwise, this Act comes into force on such day as the Secretary of State may
by order appoint.
(8)
Different days may be appointed for different purposes or different areas.
(9)
The Secretary of State may by order make such provision as he considers
25
appropriate for transitory, transitional or saving purposes in connection with
the coming into force of any provision of this Act.
(10)
The power conferred by subsection (9) is exercisable by the Scottish Ministers
(rather than the Secretary of State) in connection with any provision of this Act
which comes into force by order made by the Scottish Ministers.
30
155
Short title and extent
(1)
This Act may be cited as the Serious Organised Crime and Police Act 2005.
(2)
Except as provided in the following provisions of this section, this Act extends
to England and Wales only.
(3)
The following provisions extend also to Scotland—
35
(a)
Part 1 (including Schedules 1 to 4),
(b)
in Part 2, Chapter 1, sections 71 to 73, Chapter 4 (including Schedule 5),
Chapter 5 and Chapter 6 (including Schedule 6),
(c)
sections 102, 129 to 131, 135, 140 (except subsection (4)), 141, 142 (except
subsection (3)), 143, 146 and 147, and
40
(d)
this Part,

(but this is subject to subsection (6)).
(4)
The following provisions extend also to Northern Ireland—

Serious Organised Crime and Police Bill
Part 6 — Final provisions
117

(a)
Part 1 (including Schedules 1 to 4),
(b)
in Part 2, Chapter 2, section 73, Chapter 4 (including Schedule 5),
Chapter 5 and Chapter 6 (including Schedule 6),
(c)
sections 102, 120 to 122, 129, 130, 140 (except subsection (4)), 142, 143
and 146, and
5
(d)
this Part,

(but this is subject to subsection (6)).
(5)
The following provisions extend to Scotland only—
(a)
section 70, and
(b)
(subject to subsection (6)) section 133.
10
(6)
So far as it amends, repeals or revokes any enactment, this Act has the same
extent as the enactment amended, repealed or revoked, except that—
(a)
the amendment to section 124A of the Police Act 1997 made by section
142(3) does not extend to Scotland,
(b)
the amendment of the Judicature (Northern Ireland) Act 1978 (c. 23)
15
made by section 145(5) extends to Northern Ireland only,
(c)
except where otherwise provided in Schedule 7, the amendments and
repeals made by that Schedule (and the corresponding entries in Part 2
of Schedule 16) extend to England and Wales only,
(d)
the amendments of the Public Order Act 1986 (c. 64) made by Schedule
20
10 extend to England and Wales only, and
(e)
the amendments and repeals made by Schedules 14 and 15 extend to
Scotland (as well as to England and Wales).
(7)
Subsection (2) does not apply to section 144.

118
Serious Organised Crime and Police Bill
Schedule 1 — The Serious Organised Crime Agency
Part 1 — The Board of SOCA

Schedules
Schedule 1
Section 1

The Serious Organised Crime Agency
Part 1
The Board of SOCA
5
Membership
1     (1)
SOCA shall consist of—
(a)
a chairman,
(b)
such number of ex-officio members as SOCA may from time to time
determine, and
10
(c)
such number of other members (“ordinary members”) as the
Secretary of State may so determine.
      (2)
The following limits apply for the purposes of sub-paragraph (1)—
(a)
the number of ex-officio members determined under sub-paragraph
(1)(b) must not at any time exceed such number as may for the time
15
being be specified by the Secretary of State,
(b)
the number of ordinary members determined under sub-paragraph
(1)(c) must not at any time be less than the number of ex-officio
members for the time being determined under sub-paragraph (1)(b),
and
20
(c)
the total of the numbers determined under sub-paragraph (1)(b) and
(c) must not at any time be less than four.
      (3)
The chairman and the ordinary members are to be appointed by the
Secretary of State.
      (4)
Before appointing a person to hold office as chairman the Secretary of State
25
must consult the Scottish Ministers.
      (5)
For the purposes of this Schedule the “ex-officio members” are—
(a)
the Director-General of SOCA (see paragraph 9), and
(b)
such other employees of SOCA as may for the time being be
appointed by the Director General after consulting the chairman.
30
      (6)
References in any enactment to members of SOCA are (unless the context
otherwise required) references to any of its members mentioned in sub-
paragraph (1).

Serious Organised Crime and Police Bill
Schedule 1 — The Serious Organised Crime Agency
Part 1 — The Board of SOCA
119

Tenure of office: chairman and ordinary members
2
The chairman and the ordinary members shall hold and vacate office as
such in accordance with the terms of their respective appointments.

This is subject to paragraphs 3 and 4.
3     (1)
An appointment of a person to hold office as chairman or ordinary
5
member shall be for a term not exceeding five years.
      (2)
A person holding office as chairman or ordinary member may at any time
resign that office by giving notice in writing to the Secretary of State.
4
The Secretary of State may by notice in writing remove a person from office
as chairman or ordinary member if satisfied that—
10
(a)
he has without reasonable excuse failed, for a continuous period of
three months, to carry out his functions as chairman or ordinary
member;
(b)
he has without reasonable excuse been absent from three
consecutive meetings of SOCA;
15
(c)
he has been convicted (whether before or after his appointment) of
a criminal offence;
(d)
he is an undischarged bankrupt or his estate has been sequestrated
and he has not been discharged;
(e)
he is the subject of a bankruptcy restrictions order or an interim
20
order under Schedule 4A to the Insolvency Act 1986 (c. 45) or an
order to the like effect made under any corresponding enactment in
force in Scotland or Northern Ireland;
(f)
he has made a composition or arrangement with, or granted a trust
deed for, his creditors;
25
(g)
he has failed to comply with the terms of his appointment; or
(h)
he is otherwise unable or unfit to carry out his functions as chairman
or ordinary member.
5
A person who ceases to be the chairman or an ordinary member is eligible
for re-appointment, except where he is removed from office under
30
paragraph 4.
Remuneration, pensions etc. of chairman and ordinary members
6     (1)
SOCA shall pay to the chairman and each of the ordinary members such
remuneration and allowances as may be determined by the Secretary of
State.
35
      (2)
SOCA shall, if required to do so by the Secretary of State—
(a)
pay such pension, allowances or gratuities as may be determined by
the Secretary of State to or in respect of a person who is or has been
the chairman or an ordinary member, or
(b)
make such payments as may be so determined towards provision
40
for the payment of a pension, allowances or gratuities to or in respect
of such a person.
      (3)
If the Secretary of State determines that there are special circumstances
which make it right for a person ceasing to hold office as chairman or
ordinary member to receive compensation, SOCA shall pay to him a sum by
45

Serious Organised Crime and Police Bill
Schedule 1 — The Serious Organised Crime Agency
Part 2 — Director General and other staff
120

way of compensation of such amount as may be determined by the Secretary
of State.
      (4)
Service as chairman of SOCA shall be included among the kinds of service
to which a scheme under section 1 of the Superannuation Act 1972 (c. 11)
can apply, and accordingly in Schedule 1 to that Act (in which those kinds
5
of service are listed) insert at the appropriate place—
“Chairman of the Serious Organised Crime Agency.”
      (5)
SOCA must pay to the Minister for the Civil Service, at such times as he may
direct, such sums as he may determine in respect of any increase attributable
to sub-paragraph (4) in the sums payable out of money provided by
10
Parliament under that Act.
Termination of office of ex-officio members
7     (1)
The Director General ceases to be an ex-officio member of SOCA on
ceasing to be Director General.
      (2)
Any other ex-officio member of SOCA ceases to be such a member—
15
(a)
on ceasing to be an employee of SOCA, or
(b)
if the Director General by notice in writing revokes his appointment
as ex-officio member.
      (3)
Before revoking an appointment under sub-paragraph (2)(b) the Director
General must consult the chairman of SOCA.
20
      (4)
An ex-officio member other than the Director General may at any time
resign his office as ex-officio member by giving notice in writing to the
Director General.
Part 2
Director General and other staff
25
SOCA’s staff
8     (1)
SOCA shall have—
(a)
a Director General (see paragraph 9), and
(b)
such other employees as SOCA may appoint.
      (2)
SOCA may make arrangements for persons to be seconded to SOCA to
30
serve as members of its staff.
      (3)
A member of a police force on temporary service with SOCA shall be under
the direction and control of SOCA.
      (4)
References in any enactment to members of staff of SOCA are (unless the
context otherwise requires) references to persons who either are employees
35
of SOCA or have been seconded to SOCA to serve as members of its staff.
The Director General
9     (1)
The Director General shall be—
(a)
appointed by the Secretary of State, and
(b)
employed by SOCA on such terms and conditions as the Secretary
40
of State may determine.

Serious Organised Crime and Police Bill
Schedule 1 — The Serious Organised Crime Agency
Part 2 — Director General and other staff
121

      (2)
But a person may not be so appointed for a term exceeding five years.
      (3)
Before appointing a person as Director General the Secretary of State must
consult—
(a)
the chairman of SOCA, and
(b)
the Scottish Ministers.
5
      (4)
SOCA shall pay to its Director General such remuneration and allowances
as the Secretary of State may determine.
Termination or suspension of appointment of Director General
10    (1)
The Secretary of State may call on the Director General to retire or to resign
from his office as Director General—
10
(a)
in the interests of efficiency or effectiveness, or
(b)
by reason of any misconduct by the Director General.
      (2)
But before doing so the Secretary of State must have complied with sub-
paragraphs (3) to (6).
      (3)
The Secretary of State must give the Director General—
15
(a)
an explanation in writing of the grounds on which the Secretary of
State proposes to call upon the Director General to retire or resign as
mentioned in sub-paragraph (1)(a) or (b), and
(b)
an opportunity to make representations to the Secretary of State
(including an opportunity to make them in person).
20
      (4)
The Secretary of State must consider any representations made by or on
behalf of the Director General.
      (5)
The Secretary of State must send a copy of the explanation mentioned in
sub-paragraph (3)(a) to the chairman of SOCA.
      (6)
The Secretary of State must consult—
25
(a)
the chairman of SOCA, and
(b)
the Scottish Ministers.
      (7)
If the Director General is, under sub-paragraph (1), called upon to retire or
resign, he must retire or resign with effect from—
(a)
such date as the Secretary of State may specify, or
30
(b)
such earlier date as may be agreed between him and the Secretary of
State.
      (8)
If the Secretary of State considers that it is necessary to do so for the
maintenance of public confidence in SOCA, he may suspend the Director
General from duty.
35

But before doing so the Secretary of State must have complied with sub-
paragraph (6).
      (9)
Nothing in this paragraph affects any power of the Secretary of State to
terminate or suspend the Director General’s employment with SOCA in
accordance with the terms and conditions of that employment.
40