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Serious Organised Crime and Police Bill


124

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 requires) 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

125

 

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 member

5

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 order

20

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 for

40

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

126

 

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 of

5

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 serve

30

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 of

40

State may determine.

 

 

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

127

 

      (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

 

 

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

128

 

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 not

35

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.

129

 

      (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-

committees.

20

      (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

by a meeting of SOCA that is attended by at least five of its members.

25

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;

(b)   

any defect in the appointment of any of those members or of the

30

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.

Evidence

35

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

130

 

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 53

 

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.

 

 

 
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