Serious Organised Crime and Police Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Serious Organised Crime and Police Bill

Serious Organised Crime and Police Bill
Schedule 2 — Functions of Independent Police Complaints Commission in relation to SOCA
131

      (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 report to
25
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
(b)
for “or Director General to whom the requirement is addressed”
40
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 paragraphs
(c) and (d) substitute—
“(c)
the Serious Organised Crime Agency,”.
45

Serious Organised Crime and Police Bill
Schedule 2 — Functions of Independent Police Complaints Commission in relation to SOCA
132

      (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,”.
      (6)
In subsection (6)—
(a)
for “the Directors General of the National Criminal Intelligence
5
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
of the staff of the Agency”; and
(c)
omit the words from “or, as the case may be” to the end of the
10
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
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
15
which the person carrying out the investigation belongs.”
      (8)
After subsection (7) insert—
“(8)
Where the person who requires assistance and co-operation under
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
20
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, means
any police force other than the force to which the person whose
conduct is under investigation belonged at the time of the conduct.
25
(9)
Where—
(a)
the person carrying out an investigation is not a member of
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,
30

the Director General of the Agency may be required to give
assistance and co-operation under subsection (5) only with the
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)
35
and (6) substitute—
“(5)
In this section (subject to subsection (6))—
(a)
references to a police force and to a police authority
maintaining a police force include references to the Serious
Organised Crime Agency; and
40
(b)
in relation to that Agency, references to the chief officer are
references to the Director General.
(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—
45
(a)
the reference in subsection (3)(b) to police authorities
generally included a reference to the Agency; and

Serious Organised Crime and Police Bill
Schedule 2 — Functions of Independent Police Complaints Commission in relation to SOCA
133

(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
5
(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—
10
(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.
15
(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.
20
(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
25
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 Crime
30
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
35
follows.
      (2)
In paragraph 16(3), for paragraph (b) substitute—
“(b)
a member of the staff of the Serious Organised Crime
Agency,”.
      (3)
In paragraph 17(2), for paragraph (b) substitute—
40
“(b)
a member of the staff of the Serious Organised Crime
Agency,”.

Serious Organised Crime and Police Bill
Schedule 3 — Transfers to SOCA
134

Schedule 3
Section 55

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

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
25
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
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
30
his contract of employment with SOCA.
      (4)
In this paragraph “relevant appointment” does not include an appointment
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
35
(c)
section 27 of the 1998 Act.
3
A transfer scheme may provide—
(a)
for relevant service within section 38A(1)(ba) of the 1967 Act to have
effect from a time specified in the scheme as relevant service within
section 38A(1)(bc) of that Act,
40
(b)
for relevant service within section 97(1)(ca) or (cb) of the 1996 Act to
have effect from a time specified in the scheme as relevant service
within section 97(1)(cf) of that Act,

Serious Organised Crime and Police Bill
Schedule 3 — Transfers to SOCA
135

(c)
for relevant service within section 27(1)(b) of the 1998 Act to have
effect from a time specified in the scheme as relevant service within
section 27(1)(cb) of that Act.
4     (1)
A transfer scheme may provide—
(a)
for the secondment by virtue of which a person holds a relevant
5
appointment to have effect as a secondment to SOCA, and
(b)
for him to serve as a member of the staff of SOCA.
      (2)
The scheme may make provision as to the terms and conditions which are to
have effect as the terms and conditions of his secondment to SOCA.
5     (1)
A transfer scheme may provide—
10
(a)
for the transfer to SOCA of the rights, powers, duties and liabilities
of the employer under or in connection with the contract of
employment of a person who becomes a member of the staff of
SOCA by virtue of the scheme,
(b)
for anything done before that transfer by or in relation to the
15
employer in respect of such a contract or the employee to be treated
as having been done by or in relation to SOCA.
      (2)
Sub-paragraph (1) applies with the necessary modifications in relation to a
person who before becoming a member of the staff of SOCA—
(a)
did not have a contract of employment, or
20
(b)
held a relevant appointment by virtue of a secondment.
      (3)
A transfer scheme may make provision for periods before a person became
an employee of SOCA to count as periods of employment with SOCA (and
for the operation of the scheme not to be treated as having interrupted the
continuity of that employment).
25
6     (1)
A transfer scheme may provide for a person who—
(a)
holds a relevant appointment or is an officer of Revenue and
Customs or an immigration officer, and
(b)
would otherwise become a member of the staff of SOCA by the
operation of the scheme,
30

not to become a member of the staff of SOCA if he gives notice objecting to
the operation of the scheme in relation to him.
      (2)
A transfer scheme may provide for any person who would be treated
(whether by an enactment or otherwise) as being dismissed by the operation
of the scheme not to be so treated.
35
7     (1)
A transfer scheme may provide for the termination of a relevant
appointment.
      (2)
The Secretary of State may make a payment of such amount (if any) as he
may determine to the person who held the appointment.
Property, rights and liabilities etc.
40
8     (1)
A transfer scheme may provide for the transfer to SOCA of property, rights
and liabilities of any of the following—
(a)
NCIS, its Service Authority and Director General,
(b)
NCS, its Service Authority and Director General,
(c)
the Commissioners, and
45

Serious Organised Crime and Police Bill
Schedule 3 — Transfers to SOCA
136

(d)
the Secretary of State.
      (2)
The scheme may—
(a)
create rights, or impose liabilities, in relation to property, rights and
liabilities transferred by virtue of the scheme, and
(b)
apportion property, rights and liabilities between the
5
Commissioners, or the Secretary of State, and SOCA.
      (3)
The scheme may provide for things done by or in relation to persons to
whom sub-paragraph (4) applies to be—
(a)
treated as done by or in relation to SOCA or members of the staff of
SOCA,
10
(b)
continued by or in relation to SOCA or members of the staff of
SOCA.
      (4)
This sub-paragraph applies to—
(a)
NCIS, its members and Service Authority,
(b)
NCS, its members and Service Authority,
15
(c)
the Commissioners and officers of Revenue and Customs, and
(d)
the Secretary of State and immigration officers.
      (5)
The scheme may in particular make provision about the continuation of
legal proceedings.
9
A transfer scheme may provide for SOCA to make any payment which—
20
(a)
before a day specified in the scheme could have been made out of the
NCIS service fund or the NCS service fund, but
(b)
is not a liability which can be transferred by virtue of paragraph 8.
Supplementary
10    (1)
A transfer scheme may contain—
25
(a)
further provision in connection with any of the matters to which
paragraphs 2 to 9 relate,
(b)
the provision mentioned in sub-paragraph (3).
      (2)
The provision which may be made under sub-paragraph (1)(a) includes
provision as to the consequences of the termination of a person’s
30
appointment or employment by or by virtue of the scheme.
      (3)
The provision mentioned in this sub-paragraph is provision—
(a)
for the Secretary of State, or any other person nominated by or in
accordance with the scheme, to determine any matter requiring
determination under or in consequence of the scheme, and
35
(b)
as to the payment of fees charged, or expenses incurred, by any
person nominated to determine any matter by virtue of paragraph
(a).
11
The Secretary of State must consult the Commissioners before making a
transfer scheme which contains any provision relating to—
40
(a)
officers of Revenue and Customs, or
(b)
property, rights or liabilities of the Commissioners.

Serious Organised Crime and Police Bill
Schedule 4 — Minor and consequential amendments relating to SOCA
137

Power to make regulations
12
The Secretary of State may by regulations make—
(a)
provision as to the consequences of the termination of a person’s
employment by a transfer scheme (including provision removing
any entitlement to compensation which might otherwise arise in
5
such circumstances);
(b)
transitory, transitional or saving provision in connection with any
provision which is (or in the future may be) included in a transfer
scheme by virtue of paragraph 3.
Schedule 4
10
Section 56

Minor and consequential amendments relating to SOCA
Explosives Act 1875 (c. 17)
1     (1)
Section 75 of the Explosives Act 1875 is amended as follows.
      (2)
In subsection (1)—
(a)
after “chief officer of police,” insert “the Director General of the
15
Serious Organised Crime Agency,”, and
(b)
after “any officer of police,” insert “designated person,”.
      (3)
For subsection (2) substitute—
“(2)
In subsection (1) “designated person” means a member of the staff of
the Serious Organised Crime Agency who is for the time being
20
designated under section 41 of the Serious Organised Crime and
Police Act 2005 as a person having the powers of a constable (but this
is subject to any limitation specified in such a person’s designation
under that section).”
Police (Property) Act 1897 (c. 30)
25
2     (1)
Section 2A of the Police (Property) Act 1897 (application to NCS) is amended
as follows.
      (2)
For “National Crime Squad” (in each place) substitute “Serious Organised
Crime Agency”.
      (3)
In subsection (2)—
30
(a)
in paragraph (a) for “member of that Squad” substitute “member of
the staff of that Agency”, and
(b)
in paragraph (b) for “Squad” substitute “Agency”.
      (4)
In subsection (3)—
(a)
in paragraph (a) for “the Service Authority for that Squad” substitute
35
“that Agency”, and
(b)
in paragraph (b) for “Squad” substitute “Agency”.
      (5)
In the heading, for “NCS” substitute “SOCA”.