Serious Organised Crime and Police Bill

House of Commons

Session 2004 - 05
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Serious Organised Crime and Police Bill

Serious Organised Crime and Police Bill
Schedule 1 — The Serious Organised Crime Agency
Part 3 — Committees, procedure etc.
122

Delegation of functions of Director General
11    (1)
Anything authorised or required to be done by the Director General may
be done by any other member of SOCA’s staff who is authorised for the
purpose by the Director General (whether generally or specially).
      (2)
This paragraph does not apply in any case in relation to which specific
5
provision for the delegation of any function of the Director General is made
by this Act or any other enactment.
Remuneration and pensions of staff
12    (1)
SOCA shall pay to its employees such remuneration and allowances as it
may determine.
10
      (2)
Sub-paragraph (1) does not apply to the Director General (to whom
paragraph 9(4) applies instead).
13    (1)
SOCA may pay, or make payments in respect of, such pensions,
allowances or gratuities to or in respect of its employees or former
employees as it may determine.
15
      (2)
Employment with SOCA shall be included among the kinds of employment
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
of employment are listed) insert at the appropriate place—
“Employment by the Serious Organised Crime Agency.”
20
      (3)
If any person—
(a)
on ceasing to be employed by SOCA becomes or continues to be one
of its members, and
(b)
was, by reference to his employment, a participant in a scheme
under section 1 of that Act,
25

the Minister for the Civil Service may determine that his service as a
member of SOCA is to be treated for the purposes of the scheme as if his
service as a member were service as an employee of SOCA (whether or not
any benefits are payable to or in respect of him by virtue of paragraph 6).
      (4)
SOCA shall pay to the Minister for the Civil Service, at such times as he may
30
direct, such sums as he may determine in respect of any increase attributable
to this paragraph in the sums payable out of money provided by Parliament
under that Act.
Insurance
14
The Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57) does
35
not require insurance to be effected by SOCA.
Part 3
Committees, procedure etc.
Committees
15    (1)
SOCA may establish committees.
40
      (2)
Any committee so established may establish one or more sub-committees.

Serious Organised Crime and Police Bill
Schedule 1 — The Serious Organised Crime Agency
Part 3 — Committees, procedure etc.
123

      (3)
Any such committee or sub-committee must be a chaired by a member of
SOCA.
      (4)
A person who is not a member of SOCA may be appointed to any such
committee or sub-committee.
      (5)
If a member of any such committee or sub-committee is neither—
5
(a)
a member of SOCA, nor
(b)
a member of its staff,

SOCA may pay to him such remuneration and allowances as it may
determine.
Delegation to committees and staff
10
16    (1)
SOCA may, to such extent as it may determine, delegate any of its
functions to any of its committees or to any members of its staff.
      (2)
Any of SOCA’s committees may, to such extent as the committee may
determine, delegate any function conferred on it to any of its sub-
committees or to any member of SOCA’s staff.
15
Proceedings
17    (1)
Subject to the following provisions of this paragraph, SOCA may
regulate—
(a)
its own proceedings (including quorum), and
(b)
the procedure (including quorum) of its committees and sub-
20
committees.
      (2)
Any determination as to the quorum for meetings of SOCA or any of its
committees or sub-committees must be made at a meeting of SOCA that is
attended by both the chairman and the Director General.
      (3)
The quorum for meetings of SOCA shall in the first instance be determined
25
by a meeting of SOCA that is attended by at least five of its members.
18    (1)
The validity of any proceedings of SOCA, or any of its committees or sub-
committees, shall not be affected by—
(a)
any vacancy among the members of SOCA or the committee or sub-
committee;
30
(b)
any defect in the appointment of any of those members or of the
chairman or Director General; or
(c)
any vacancy in the office of the chairman or the Director General.
      (2)
The proceedings to which this paragraph apply include those within sub-
paragraph (2) (but not (3)) of paragraph 17.
35
Evidence
19
Any document purporting to be signed on behalf of SOCA shall be received
in evidence and, unless the contrary is proved, be taken to be so signed.

Serious Organised Crime and Police Bill
Schedule 2 — Functions of Independent Police Complaints Commission in relation to SOCA
124

Part 4
General
Status
20
SOCA is not to be regarded—
(a)
as the servant or agent of the Crown, or
5
(b)
as enjoying any status, immunity or privilege of the Crown;

and SOCA’s property is not to be regarded as property of, or property held
on behalf of, the Crown.
Incidental powers
21    (1)
In connection with exercising its functions SOCA may (subject to the
10
provisions of this Act)—
(a)
enter into contracts and other agreements (whether legally binding
or not);
(b)
acquire and dispose of property (including land);
(c)
borrow money; and
15
(d)
do such other things as SOCA thinks necessary or expedient.
      (2)
The power conferred by sub-paragraph (1)(b) includes accepting—
(a)
gifts of money, and
(b)
gifts or loans of other property,

on such terms as SOCA considers appropriate (which may include terms
20
providing for the commercial sponsorship of any of SOCA’s activities).
      (3)
But SOCA may exercise the power conferred by sub-paragraph (1)(b) or (c)
only with the consent of the Secretary of State.
      (4)
Such consent may be given—
(a)
with respect to a particular case or with respect to a class of cases;
25
(b)
subject to such conditions as the Secretary of State considers
appropriate.
Schedule 2
Section 50

Functions of Independent Police Complaints Commission in relation to SOCA
1
The Police Reform Act 2002 (c. 30) has effect subject to the following
30
amendments.
2
In section 9(3) (persons ineligible for appointment as members of the
Independent Police Complaints Commission)—
(a)
after paragraph (d) insert—
“(da)
he is or has been the chairman or a member of, or a
35
member of the staff of, the Serious Organised Crime
Agency;”; and
(b)
in paragraph (e), omit “is or”.
3     (1)
Section 10 (general functions of the Commission) is amended as follows.

Serious Organised Crime and Police Bill
Schedule 2 — Functions of Independent Police Complaints Commission in relation to SOCA
125

      (2)
In subsection (1)—
(a)
at the end of paragraph (e) omit “and”;
(b)
in paragraph (f) omit “the National Criminal Intelligence Service,
the National Crime Squad and”; and
(c)
at the end of that paragraph insert “; and
5
(g)
to carry out functions in relation to the Serious
Organised Crime Agency which correspond to those
conferred on the Commission in relation to police
forces by paragraph (e) of this subsection.”
      (3)
In subsection (3)—
10
(a)
omit paragraph (a);
(b)
after paragraph (b) insert—
“(ba)
any agreement under section 26A of this Act
(Serious Organised Crime Agency);”; and
(c)
in paragraph (d) omit “the National Criminal Intelligence Service,
15
the National Crime Squad or”.
      (4)
In subsection (7), omit “or” at the end of paragraph (a) and at the end of
paragraph (b) insert “or
(c)
its function under subsection (1)(g),”.
4     (1)
Section 11 (reports) is amended as follows.
20
      (2)
In subsection (6), for paragraphs (b) and (c) substitute—
“(b)
to the Serious Organised Crime Agency; and”.
      (3)
For subsection (8) substitute—
“(8)
Where a report under subsection (3) relates to the Serious
Organised Crime Agency, the Commission shall send a copy of that
25
report to the Agency.”
      (4)
In subsection (10), for paragraphs (d) and (e) substitute—
“(d)
the Serious Organised Crime Agency;”.
5     (1)
Section 15 (general duties of police authorities etc.) is amended as follows.
      (2)
After subsection (1) insert—
30
“(1A)
It shall be the duty of the Serious Organised Crime Agency to
ensure that it is kept informed, in relation to the Agency, about all
matters falling within subsection (2).”
      (3)
In subsection (3)—
(a)
for paragraph (c) substitute—
35
“(c)
a police authority or chief officer requires the
Director General of the Serious Organised Crime
Agency to provide a member of the staff of that
Agency for appointment under any of those
paragraphs,”; and
40
(b)
for “or Director General to whom the requirement is addressed”
substitute “to whom the requirement is addressed or of the Director
General”.
      (4)
In subsection (4), at the end of paragraph (b) insert “and” and for

Serious Organised Crime and Police Bill
Schedule 2 — Functions of Independent Police Complaints Commission in relation to SOCA
126

paragraphs (c) and (d) substitute—
“(c)
the Serious Organised Crime Agency,”.
      (5)
In subsection (5), at the end of paragraph (b) insert “and” and for
paragraphs (c) and (d) substitute—
“(c)
the Serious Organised Crime Agency,”.
5
      (6)
In subsection (6)—
(a)
for “the Directors General of the National Criminal Intelligence
Service and of the National Crime Squad” substitute “the Serious
Organised Crime Agency”;
(b)
in paragraph (a), for “of that Service or Squad” substitute “a member
10
of the staff of the Agency”; and
(c)
omit the words from “or, as the case may be” to the end of the
subsection.
      (7)
In subsection (7), for the words from “and in this subsection” onwards
substitute “and where the person whose conduct is under investigation was
15
a member of the staff of the Serious Organised Crime Agency at the time of
the conduct, “third force” means any police force other than the force to
which the person carrying out the investigation belongs.”
      (8)
After subsection (7) insert—
“(8)
Where the person who requires assistance and co-operation under
20
subsection (5) is a member of the staff of the Serious Organised
Crime Agency, a chief officer of a third force may be required to give
that assistance and co-operation only with the approval of the
Director General of the Agency.

In this subsection, “third force”, in relation to an investigation,
25
means any police force other than the force to which the person
whose conduct is under investigation belonged at the time of the
conduct.
(9)
Where—
(a)
the person carrying out an investigation is not a member of
30
the staff of the Serious Organised Crime Agency; and
(b)
the person whose conduct is under investigation was not a
member of the staff of the Agency at the time of the conduct,

the Director General of the Agency may be required to give
assistance and co-operation under subsection (5) only with the
35
approval of the chief officer of the force to which the person
requiring it belongs.”
6
In section 16 (payment for assistance with investigations), for subsections
(5) and (6) substitute—
“(5)
In this section (subject to subsection (6))—
40
(a)
references to a police force and to a police authority
maintaining a police force include references to the Serious
Organised Crime Agency; and
(b)
in relation to that Agency, references to the chief officer are
references to the Director General.
45

Serious Organised Crime and Police Bill
Schedule 2 — Functions of Independent Police Complaints Commission in relation to SOCA
127

(6)
This section shall have effect in relation to cases in which assistance
is required to be provided by the Serious Organised Crime Agency
as if—
(a)
the reference in subsection (3)(b) to police authorities
generally included a reference to the Agency; and
5
(b)
the reference in subsection (4)(b) to police authorities
generally were a reference to the Agency.”
7
Omit section 25 (NCIS and NCS).
8
After section 26 insert—
“26A
Serious Organised Crime Agency
10
(1)
The Commission and the Serious Organised Crime Agency must
enter into an agreement for the establishment and maintenance in
relation to members of the Agency’s staff of procedures
corresponding or similar to those provided for by or under this Part.
(2)
An agreement under this section—
15
(a)
must not be made or varied except with the approval of the
Secretary of State; and
(b)
must not be terminated unless—
(i)
it is replaced by another such agreement, and
(ii)
the Secretary of State approves.
20
(3)
An agreement under this section may contain provision for enabling
the Commission to bring and conduct, or otherwise participate or
intervene in, any proceedings which are identified by the agreement
as disciplinary proceedings in relation to members of the Agency’s
staff.
25
(4)
An agreement under this section must not confer any function on
the Commission in relation to so much of any complaint or conduct
matter as relates to the direction and control of the Agency by the
Director General or other members of the Agency.
(5)
Procedures established in accordance with an agreement under this
30
section shall have no effect in relation to anything done outside
England and Wales by any member of the staff of the Agency.”
9
In section 29(3) (interpretation)—
(a)
for paragraph (b) substitute—
“(b)
a member of the staff of the Serious Organised
35
Crime Agency;”; and
(b)
in paragraph (d), for “(temporary service otherwise than with NCIS
or NCS)” substitute “(temporary service of various kinds)”.
10
In section 108(7) (extent etc.), omit paragraph (e).
11    (1)
Schedule 3 (handling of complaints and conduct matters) is amended as
40
follows.
      (2)
In paragraph 16(3), for paragraph (b) substitute—
“(b)
a member of the staff of the Serious Organised Crime
Agency,”.

Serious Organised Crime and Police Bill
Schedule 3 — Transfers to SOCA
128

      (3)
In paragraph 17(2), for paragraph (b) substitute—
“(b)
a member of the staff of the Serious Organised Crime
Agency,”.
Schedule 3
Section 52

Transfers to SOCA
5
Interpretation
1
In this Schedule—
“the 1967 Act” means the Police (Scotland) Act 1967 (c. 77);
“the 1996 Act” means the Police Act 1996 (c. 16);
“the 1998 Act” means the Police (Northern Ireland) Act 1998 (c. 32);
10
“the Commissioners” means the Commissioners for Her Majesty’s
Revenue and Customs;
“immigration officer” means a person who is an immigration officer
within the meaning of the Immigration Act 1971 (c. 77);
“NCIS” means the National Criminal Intelligence Service;
15
“NCS” means the National Crime Squad;
“relevant appointment” means an appointment under section 6, 9, 13,
14, 52, 55, 58 or 59 of, or Schedule 1 to, the Police Act 1997 (c. 50);
“transfer scheme” means a scheme made by the Secretary of State
under this Schedule.
20
Staff
2     (1)
A transfer scheme may provide for a person—
(a)
who holds a relevant appointment,
(b)
is an officer of Revenue and Customs, or
(c)
is an immigration officer,
25

to become an employee of SOCA.
      (2)
If the person had a contract of employment before becoming an employee
of SOCA, the scheme may provide for that contract to have effect (subject to
any necessary modifications) as if originally made between him and SOCA.
      (3)
If the person did not have a contract of employment, the scheme may
30
provide for the terms and conditions of his relevant appointment or service
as an officer of Revenue and Customs or an immigration officer to have
effect (subject to any necessary modifications) as the terms and conditions of
his contract of employment with SOCA.
      (4)
In this paragraph “relevant appointment” does not include an appointment
35
held by a person engaged on relevant service within the meaning of—
(a)
section 38A of the 1967 Act,
(b)
section 97 of the 1996 Act, or
(c)
section 27 of the 1998 Act.
3
A transfer scheme may provide—
40