Amendments proposed to the Serious Organised Crime and Police Bill - continued | House of Commons |
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Mr Andrew Mitchell 102 Schedule 3, page 128, line 27, leave out 'may' and insert 'shall'.
Mr Andrew Mitchell 103 Schedule 3, page 128, line 36, at end insert
Mr Andrew Mitchell 104 Schedule 3, page 129, line 8, leave out 'may' and insert 'shall'.
Mr Andrew Mitchell 105 Schedule 3, page 129, line 9, at end insert 'which shall (subject to any necessary modifications) be the same terms and conditions by virtue of which the person holds a relevant appointment.'.
Mr Andrew Mitchell 106 Schedule 3, page 129, line 37, at end insert 'except an appointment of a police member under section 9 or section 55 of the Police Act 1997.'.
Mr Andrew Mitchell 107 Schedule 3, page 130, line 42, at end insert
(a) relating to the transfer of such a person to the employment of SOCA; or
(b) providing for the secondment of such a person to have effect as a secondment to SOCA.'.
NEW CLAUSES RELATING TO PART 1Liability of special police forces and law enforcement agencies for unlawful conduct of SOCA staff
Caroline Flint NC1 To move the following Clause:'(1) The relevant authority is liable in respect of unlawful conduct of persons to whom this section applies in the carrying out, or the purported carrying out, of their functions as such persons in the same manner as an employer is liable in respect of any unlawful conduct of his employees in the course of their employment. (2) In the case of any such unlawful conduct of persons to whom this section applies which is a tort, the relevant authority is accordingly to be treated as a joint tortfeasor. This subsection does not apply to Scotland. (3) In so far as a relevant authority does not already have power to do so it may, in such cases and to such extent as appear to it to be appropriate, pay
(4) This section applies to a member of the staff of SOCA who under section 24, 25 or [Directed arrangements: Scotland] is provided for the assistance of
(5) In this section "law enforcement agency" has the meaning given by section 3(4) (subject to the territorial restriction contained in subsection (4)(b) above), and "relevant authority"
Restrictions on further disclosure
Caroline Flint NC2 To move the following Clause:'(1) Information disclosed by SOCA under section 32 to any person or body must not be further disclosed except
(2) Information disclosed to SOCA under any enactment by the Commissioners or a person acting on their behalf must not be further disclosed except
(3) Consent under subsection (1) or (2) may be given
(4) In this section "permitted purposes" has the meaning given by section 32(2).'.
Directed arrangements: Scotland
Caroline Flint NC3 To move the following Clause:'(1) This section applies where it appears to the Scottish Ministers
(2) The bodies within this subsection are
(3) In a case where this section applies the Scottish Ministers may (as appropriate)
(4) Subsections (6) to (9A) of section 24 apply in relation to assistance provided under this section
as they apply in relation to assistance so provided under that section.'.
Complaints and misconduct (No. 2)
Mr Andrew Mitchell NC6 To move the following Clause:'(1) The jurisdiction of the Independent Police Complaints Commission ("the IPCC") in relation to SOCA shall be restricted to those members of the staff of SOCA who have the powers of a constable. (2) In relation to those persons, the powers of the IPCC shall be restricted to the deprivation of other persons of the powers of a constable. (3) Any other investigations relating to the conduct of a member of the staff of SOCA shall be undertaken solely by SOCA.'.
Police members of staff of SOCA to have powers of constable etc.
Mr Andrew Mitchell NC8 To move the following Clause:'(1) The police members of staff of SOCA ("the police members") shall
(2) For the purposes of this Part "police member" means a person who falls within paragraph 13A of Schedule 1.'.
Caroline Flint 31 Clause 54, page 29, leave out lines 17 and 18 and insert 'Revenue and Customs Prosecutor.'.
Mr David Heath 99 Clause 55, page 29, line 29, after 'offences', insert 'which appear to the investigating authority on reasonable grounds to be of sufficient seriousness to warrant investigation pursuant to this Part'.
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