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 2 — SOCA: special powers of designated staff
22

Powers exercisable
41
Person having powers of a constable
(1)
This section applies to a member of SOCA’s staff who is for the time being
designated under section 38 as a person having the powers of a constable.
(2)
The designated person has all the powers and privileges of a constable.
5
(3)
Those powers and privileges are exercisable by the designated person—
(a)
throughout England and Wales and the adjacent United Kingdom
waters, and
(b)
in accordance with section 42, in Scotland or Northern Ireland and
adjacent United Kingdom waters.
10
(4)
If any of those powers and privileges, when exercisable by a constable, are
subject to any territorial restrictions on their exercise, they are similarly subject
to those restrictions when exercised by the designated person.
(5)
If any of those powers and privileges, when exercisable by a constable, are
exercisable elsewhere than in the United Kingdom or adjacent United
15
Kingdom waters, they are similarly exercisable by the designated person.
(6)
The designated person also has any powers exercisable by virtue of subsection
(7).
(7)
Any enactment under which a constable may be authorised by warrant to
exercise any power in relation to any matter has effect, for the purpose of
20
enabling the designated person to be authorised to exercise the power in
relation to any such matter, as if he were a constable.
(8)
Subsections (2) to (7) have effect subject to any limitation specified in the
designation under section 38(2).
(9)
In this section references to the powers and privileges of a constable are
25
references to the powers and privileges of a constable whether under any
enactment or otherwise.
42
Person having powers of constable: Scotland and Northern Ireland
(1)
This section provides for persons designated as mentioned in section 41(1)
(“relevant persons”) to exercise the powers and privileges mentioned in section
30
41(2) in Scotland or Northern Ireland and adjacent United Kingdom waters.
(2)
If so agreed by—
(a)
the Scottish Ministers, and
(b)
SOCA,

the powers and privileges are exercisable by relevant persons in Scotland and
35
the adjacent United Kingdom waters to such extent and in such circumstances
as may be specified in the agreement.
(3)
If so agreed by—
(a)
the Director of the Scottish Drug Enforcement Agency or a person
nominated by him for the purposes of this subsection, and
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(b)
SOCA,

a relevant person may exercise the powers and privileges in Scotland in
connection with a particular operation.

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 2 — SOCA: special powers of designated staff
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(4)
A person nominated for the purposes of subsection (3) must be either—
(a)
a person for the time being appointed as Deputy Director of that
Agency, or
(b)
an appropriate officer of a police force for an area in Scotland.
(5)
If so agreed by—
5
(a)
the Secretary of State, and
(b)
SOCA,

the powers and privileges are exercisable by relevant persons in Northern
Ireland and the adjacent United Kingdom waters to such extent and in such
circumstances as may be specified in the agreement.
10
(6)
If—
(a)
an agreement under subsection (5) (“the general authorisation”) is in
force, and
(b)
an appropriate officer of the Police Service of Northern Ireland and
SOCA so agree in conformity with the general authorisation,
15

a relevant person may exercise the powers and privileges in Northern Ireland
in connection with a particular operation in accordance with the agreement
mentioned in paragraph (b).
(7)
In this section—
“appropriate officer” means an officer of or above the rank of assistant
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chief constable;
“the Scottish Drug Enforcement Agency” and “the Director” of that
Agency have the meanings given by section 37(2).
43
Person having customs powers
(1)
This section applies to a member of SOCA’s staff who is for the time being
25
designated under section 38 as a person having the customs powers of an
officer of Revenue and Customs.
(2)
The designated person has, in relation to any customs matter, the same powers
as an officer of Revenue and Customs would have.
(3)
The designated person also has any powers exercisable by virtue of subsection
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(4).
(4)
Any enactment under which an officer of Revenue and Customs may be
authorised by warrant to exercise any power in relation to any customs matter
has effect, for the purpose of enabling the designated person to be authorised
to exercise the power in relation to any such matter, as if he were an officer of
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Revenue and Customs.
(5)
Where any power is exercisable by an officer of Revenue and Customs both—
(a)
in relation to a customs matter, and
(b)
in relation to any other matter,

it is exercisable by the designated person only in relation to the customs matter.
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(6)
Subsections (2) to (5) have effect subject to any limitation specified in the
designation under section 38(2).
(7)
In this section “customs matter” means any matter other than—
(a)
a matter to which section 6 of the Commissioners for Revenue and
Customs Act 2005 applies (former Inland Revenue matters), or
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Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 2 — SOCA: special powers of designated staff
24

(b)
any tax or duty not mentioned in that section.
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Person having powers of an immigration officer
(1)
This section applies to a member of SOCA’s staff who is for the time being
designated under section 38 as a person having the powers of an immigration
officer.
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(2)
The designated person has, in relation to any matter in relation to which
powers are exercisable by an immigration officer, the same powers as such an
officer would have.
(3)
The designated person also has any powers exercisable by virtue of subsection
(4).
10
(4)
Any enactment under which an immigration officer may be authorised by
warrant to exercise any power in relation to any matter has effect, for the
purpose of enabling the designated person to be authorised to exercise the
power in relation to any such matter, as if he were an immigration officer.
(5)
Subsections (2) to (4) have effect subject to any limitation specified in the
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designation under section 38(2).
(6)
In this section “immigration officer” means a person who is an immigration
officer within the meaning of the Immigration Act 1971 (c. 77).
Exercise of powers
45
Designations: supplementary
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(1)
If a designated person—
(a)
exercises any power in relation to another person in reliance on his
designation under section 38, or
(b)
purports to do so,

he must produce evidence of his designation to the other person if requested
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to do so.
(2)
A failure to comply with subsection (1) does not make the exercise of the power
invalid.
(3)
For the purpose of determining liability for the unlawful conduct of members
of SOCA’s staff, any conduct by a designated person in reliance, or purported
30
reliance, on his designation is to be taken to be—
(a)
if he is employed by SOCA, conduct in the course of his employment,
or
(b)
if he is a seconded person (within the meaning of section 28), conduct
falling within subsection (1) of that section.
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(4)
In the case of any unlawful conduct within subsection (3) which is a tort, SOCA
is accordingly to be treated as a joint tortfeasor.
This subsection does not apply to Scotland.
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Assaults, obstruction or deception in connection with designations
(1)
A person commits an offence if he assaults—
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(a)
a designated person acting in the exercise of a relevant power, or

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 2 — SOCA: special powers of designated staff
25

(b)
a person who is assisting a designated person in the exercise of such a
power.
(2)
A person commits an offence if he resists or wilfully obstructs—
(a)
a designated person acting in the exercise of a relevant power, or
(b)
a person who is assisting a designated person in the exercise of such a
5
power.
(3)
A person commits an offence if, with intent to deceive—
(a)
he impersonates a designated person,
(b)
he makes any statement or does any act calculated falsely to suggest
that he is a designated person, or
10
(c)
he makes any statement or does any act calculated falsely to suggest
that he has powers as a designated person that exceed the powers he
actually has.
(4)
A person guilty of an offence under subsection (1) or (3) is liable on summary
conviction—
15
(a)
to imprisonment for a term not exceeding 51 weeks, or
(b)
to a fine not exceeding level 5 on the standard scale,

or to both.
(5)
A person guilty of an offence under subsection (2) is liable on summary
conviction—
20
(a)
to imprisonment for a term not exceeding 51 weeks, or
(b)
to a fine not exceeding level 3 on the standard scale,

or to both.
(6)
In this section “relevant power”, in relation to a designated person, means a
power or privilege exercisable by that person by virtue of the designation
25
under section 38.
(7)
In the application of this section to Scotland the references to 51 weeks in
subsections (4)(a) and (5)(a) are to be read as references to 12 months in each
case.
(8)
In the application of this section to Northern Ireland the references to 51 weeks
30
are to be read as follows—
(a)
in subsection (4)(a) the reference is to be read as a reference to 6 months,
and
(b)
in subsection (5)(a) the reference is to be read as a reference to 1 month.
Supplementary
35
47
Modification of enactments
(1)
The Secretary of State may by order provide for any enactment (or description
of enactments) to apply in relation to—
(a)
designated persons, or
(b)
the exercise of powers by such persons under this Chapter,
40

with such modifications as he considers necessary or expedient.
(2)
An order under this section may include provision for or in connection with—

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 2 — SOCA: special powers of designated staff
26

(a)
extending to such persons any exemption or protection afforded by an
enactment to any other description of persons;
(b)
providing for the disclosure of information to, or the doing of other
things in relation to, such persons under any enactment.
(3)
Subsection (2) does not affect the generality of subsection (1).
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(4)
In this section any reference to designated persons includes a reference to any
description of such persons.
(5)
Before exercising the power conferred by subsection (1) in relation to an
enactment which (expressly or otherwise) confers any function on—
(a)
the Commissioners for Her Majesty’s Revenue and Customs, or
10
(b)
an officer of Revenue and Customs,

the Secretary of State must consult the Commissioners.
(6)
Before exercising the power conferred by subsection (1) in relation to an
enactment which extends to Scotland, the Secretary of State must consult the
Scottish Ministers.
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(7)
The power conferred by subsection (1) is exercisable by the Scottish Ministers
(rather than by the Secretary of State) where the provision to be made is within
the legislative competence of the Scottish Parliament.
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Employment provisions
(1)
A member of SOCA’s staff who is for the time being designated under section
20
38 as a person having the powers of a constable is not, by virtue of section 41(2),
to be treated as being in police service for the purposes of the enactments
mentioned in subsection (2).
(2)
The enactments are—
(a)
section 280 of the Trade Union and Labour Relations (Consolidation)
25
Act 1992 (c. 52) (person in police service excluded from definitions of
“worker” and “employee”);
(b)
section 200 of the Employment Rights Act 1996 (c. 18) (certain
provisions of the Act not to apply to persons in police service);
(c)
Article 145 of the Trade Union and Labour Relations (Northern Ireland)
30
Order 1995 (S.I. 1995/1980 (N.I. 12)); and
(d)
Article 243 of the Employment Rights (Northern Ireland) Order 1996
(S.I. 1996/1919 (N.I. 16)).
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Interpretation of Chapter 2
(1)
In this Chapter—
35
“designated person” means a person for the time being designated under
section 38;
“United Kingdom waters” means the sea and other waters within the
seaward limits of the United Kingdom’s territorial sea.
(2)
Any reference in this Chapter to the exercise of powers by virtue of a
40
designation under section 38 is, in a case where any limitations were imposed
under subsection (2) of that section, a reference to their exercise in conformity
with those limitations.

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 3 — SOCA: Miscellaneous and supplementary
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Chapter 3
SOCA: Miscellaneous and supplementary
Complaints and misconduct
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Complaints and misconduct
(1)
Schedule 2 makes provision for, and in connection with, the operation in
5
relation to SOCA of Part 2 of the Police Reform Act 2002 (c. 30) (which relates
to complaints and misconduct).
(2)
In the Police (Northern Ireland) Act 1998 (c. 32)—
(a)
after section 60 insert—
“60ZA
Serious Organised Crime Agency
10
(1)
An agreement for the establishment in relation to members of
the staff of the Serious Organised Crime Agency of procedures
corresponding or similar to any of those established by virtue of
this Part may, with the approval of the Secretary of State, be
made between the Ombudsman and the Agency.
15
(2)
Where no such procedures are in force in relation to the Agency,
the Secretary of State may by order establish such procedures.
(3)
An agreement under this section may at any time be varied or
terminated with the approval of the Secretary of State.
(4)
Before making an order under this section the Secretary of State
20
shall consult—
(a)
the Ombudsman; and
(b)
the Agency.
(5)
Nothing in any other statutory provision shall prevent the
Agency from carrying into effect procedures established by
25
virtue of this section.
(6)
No such procedures shall have effect in relation to anything
done by a member of the staff of the Agency outside Northern
Ireland.”; and
(b)
in section 61(5) (reports), at the end of paragraph (b) insert “; and
30
(c)
if the report concerns the Serious Organised Crime
Agency, to the Agency.”
Joint investigation teams
51
Assaults or obstruction in connection with joint investigation teams
(1)
This section applies where an international joint investigation team has been
35
formed under the leadership of a member of SOCA’s staff.
(2)
A person commits an offence if he assaults a member of the team who is
carrying out his functions as a member of the team.

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 3 — SOCA: Miscellaneous and supplementary
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(3)
A person commits an offence if he resists or wilfully obstructs a member of the
team who is carrying out his functions as a member of that team.
(4)
A person guilty of an offence under subsection (2) is liable on summary
conviction—
(a)
to imprisonment for a term not exceeding 51 weeks, or
5
(b)
to a fine not exceeding level 5 on the standard scale,

or to both.
(5)
A person guilty of an offence under subsection (3) is liable on summary
conviction—
(a)
to imprisonment for a term not exceeding 51 weeks, or
10
(b)
to a fine not exceeding level 3 on the standard scale,

or to both.
(6)
In this section “international joint investigation team” means any investigation
team formed in accordance with—
(a)
any framework decision on joint investigation teams adopted under
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Article 34 of the Treaty on European Union,
(b)
the Convention on Mutual Assistance in Criminal Matters between the
Member States of the European Union and the Protocol to that
Convention established in accordance with that Article of the Treaty, or
(c)
any international agreement to which the United Kingdom is a party
20
and which is specified in an order made by the Secretary of State.
(7)
In the application of this section to Scotland the references to 51 weeks in
subsections (4)(a) and (5)(a) are to be read as references to 12 months in each
case.
(8)
In the application of this section to Northern Ireland the references to 51 weeks
25
are to be read as follows—
(a)
in subsection (4)(a) the reference is to be read as a reference to 6 months,
and
(b)
in subsection (5)(a) the reference is to be read as a reference to 1 month.
Transfers
30
52
Transfers to SOCA
Schedule 3 makes provision about the transfer of staff, property, rights and
liabilities to SOCA.
Amendments
53
Minor and consequential amendments relating to SOCA
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Schedule 4 contains minor and consequential amendments relating to SOCA.