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
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
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Strategic priorities
(1)
The Secretary of State may determine strategic priorities for SOCA.
(2)
Before determining any such priorities the Secretary of State must consult—
(a)
SOCA,
(b)
the Scottish Ministers, and
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(c)
such other persons as he considers appropriate.
(3)
The Secretary of State must arrange for any priorities determined under this
section to be published in such manner as he considers appropriate.
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Performance targets
(1)
Where the Secretary of State has determined a strategic priority for SOCA
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under section 9, he may direct SOCA to establish levels of performance
(“performance targets”) to be aimed at in seeking to give effect to that priority.
(2)
A direction given under this section may impose conditions with which
performance targets must conform.
(3)
Before giving a direction under this section the Secretary of State must consult
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the Scottish Ministers.
(4)
The Secretary of State must arrange for any direction given under this section
to be published in such manner as he considers appropriate.
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Codes of practice
(1)
The Secretary of State may issue codes of practice relating to the exercise by
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SOCA of any of its functions.
(2)
The Secretary of State may from time to time revise the whole or any part of a
code of practice issued under this section.
(3)
Before issuing or revising a code of practice issued under this section the
Secretary of State must consult—
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(a)
SOCA,
(b)
the Scottish Ministers, and
(c)
such other persons as he considers appropriate.
(4)
The Secretary of State must lay before Parliament—
(a)
any code of practice issued under this section, and
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(b)
any revisions of such a code.
(5)
The Secretary of State—
(a)
is not required by subsection (4) to lay before Parliament, or
(b)
may exclude from what he does lay before Parliament,

anything to which subsection (6) applies.
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(6)
This subsection applies to anything the publication of which, in the opinion of
the Secretary of State—
(a)
would be against the interests of national security, or
(b)
could prejudice the prevention or detection of crime or the
apprehension or prosecution of offenders, or
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(c)
could jeopardise the safety of any person.

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
7

(7)
The Secretary of State must provide the Scottish Ministers with a copy of—
(a)
any code of practice issued under this section, or
(b)
any revisions of such a code.
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Reports to Secretary of State
(1)
The Secretary of State may require SOCA to submit a report to him on such
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matters—
(a)
connected with the exercise of SOCA’s functions, or
(b)
otherwise connected with any of SOCA’s activities,

as may be specified in the requirement.
(2)
A report submitted under subsection (1) must be in such form as may be so
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specified.
(3)
The Secretary of State must consult the Scottish Ministers before imposing any
requirement under that subsection relating to any functions or activities of
SOCA—
(a)
exercised or carried out in Scotland, or
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(b)
exercised or carried out outside, but in relation to, Scotland.
(4)
The Secretary of State may—
(a)
arrange, or
(b)
require SOCA to arrange,

for a report under this section to be published in such manner as he considers
20
appropriate.
(5)
But the Secretary of State may exclude any part of a report from publication
under subsection (4) if, in his opinion, publication of that part—
(a)
would be against the interests of national security, or
(b)
could prejudice the prevention or detection of crime or the
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apprehension or prosecution of offenders, or
(c)
could jeopardise the safety of any person.
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Power to direct submission of action plan
(1)
This section applies where an inspection report made to the Secretary of State
states—
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(a)
that, in the opinion of the person making the report, the whole or any
part of SOCA is (whether generally or in particular respects) not
efficient or not effective; or
(b)
that, in that person’s opinion, the whole or part of SOCA will cease to
be efficient or effective (whether generally or in particular respects)
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unless remedial measures are taken.
(2)
If the Secretary of State considers that remedial measures are required in
relation to any matters identified by the report, he may direct SOCA—
(a)
to submit an action plan to him, and
(b)
to do so within such period as is specified in the direction (which must
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be a period ending not less than 4, and not more than 12, weeks after
the direction is given).

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
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(3)
An “action plan” is a plan setting out the remedial measures which SOCA
proposes to take in relation to the matters in respect of which the direction is
given.
(4)
The provision that a direction under this section may require to be included in
an action plan includes—
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(a)
provision setting out the steps that SOCA proposes should be taken in
respect of the matters in respect of which the direction is given, and the
performance targets that SOCA proposes should be met;
(b)
provision setting out SOCA’s proposals as to the times within which
those steps are to be taken and those targets met, and the means by
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which the success of the plan’s implementation is to be measured;
(c)
provision for the making of progress reports to the Secretary of State
about the plan’s implementation;
(d)
provision as to the times at which, and the manner in which, any
progress report is to be made; and
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(e)
provision for the duration of the plan and for it to cease to apply in
circumstances determined by the Secretary of State.
(5)
But nothing in this section authorises the Secretary of State to direct the
inclusion in an action plan of any requirement to do or not to do anything—
(a)
in a particular case identified for the purposes of the requirement, or
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(b)
in relation to a particular person so identified.
(6)
The Secretary of State must consult the Scottish Ministers before giving any
direction under this section in connection with any functions or activities of
SOCA—
(a)
exercised or carried out in Scotland, or
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(b)
exercised or carried out outside, but in relation to, Scotland.
(7)
In this section “an inspection report” means a report under section 17.
(8)
If this section applies at a time when there is already an action plan in force—
(a)
references in this section to the submission of an action plan to the
Secretary of State include references to the submission of revisions of
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the existing plan, and
(b)
the other provisions of this section have effect accordingly.
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Revision of inadequate action plan
(1)
This section applies where the Secretary of State is of the opinion that any
remedial measures contained in an action plan submitted to him under section
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13 are inadequate.
(2)
The Secretary of State may notify SOCA of that opinion and of his reasons for it.
(3)
The Secretary of State must consult the Scottish Ministers before forming an
opinion for the purposes of subsection (1) as to any remedial measures
proposed in connection with any functions or activities of SOCA—
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(a)
exercised or carried out in Scotland, or
(b)
exercised or carried out outside, but in relation to, Scotland.
(4)
If SOCA receives a notification under subsection (2)—
(a)
it must consider whether to revise the plan in the light of the matters
notified to it, and
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Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
9

(b)
if it does revise the plan, it must send a copy of the revised plan to the
Secretary of State.
(5)
References in this section to an action plan submitted to the Secretary of State
under section 13 include references to revisions submitted to him by virtue of
subsection (8) of that section.
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Procedure for giving directions under section 13
(1)
The Secretary of State may not give a direction under section 13 unless the
conditions in subsection (2) are satisfied.
(2)
The conditions are—
(a)
SOCA must have been given such information about the Secretary of
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State’s grounds for proposing to give the direction as he considers
appropriate for enabling it to make representations or proposals under
paragraphs (b) and (c) below;
(b)
SOCA must have been given an opportunity of making representations
about those grounds;
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(c)
SOCA must have had an opportunity of making proposals for the
taking of remedial measures that would make it unnecessary to give
the direction; and
(d)
the Secretary of State must have considered any such representations
and any such proposals.
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Reports relating to directions under section 13
(1)
This section applies where the Secretary of State exercises his power to give a
direction under section 13.
(2)
The Secretary of State must prepare a report on his exercise of that power.
(3)
A report under subsection (2)—
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(a)
is to be prepared at such time as the Secretary of State considers
appropriate, and
(b)
may relate to more than one exercise of the power.
(4)
The Secretary of State must—
(a)
lay before each House of Parliament a copy of any report prepared
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under subsection (2), and
(b)
send a copy of any such report to the Scottish Ministers.
(5)
The Scottish Ministers must lay before the Scottish Parliament any copy of a
report sent to them under subsection (4).
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Inspections
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(1)
Her Majesty’s Inspectors of Constabulary (“HMIC”) must inspect SOCA from
time to time.
(2)
HMIC must also inspect SOCA if requested to do so by the Secretary of State
either—
(a)
generally, or
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(b)
in respect of a particular matter.

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
10

(3)
Any inspection under this section must be carried out jointly by HMIC and the
Scottish inspectors—
(a)
if it is carried out wholly in Scotland, or
(b)
in a case where it is carried out partly in Scotland, to the extent that it is
carried out there.
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(4)
Following an inspection under this section, HMIC must report to the Secretary
of State on the efficiency and effectiveness of SOCA either—
(a)
generally, or
(b)
in the case of an inspection under subsection (2)(b), in respect of the
matter to which the inspection related.
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(5)
A report under subsection (4) must be in such form as the Secretary of State
may direct.
(6)
The Secretary of State must arrange for every report which he receives under
subsection (4) to be published in such manner as he considers appropriate.
(7)
The Secretary of State may exclude from publication under subsection (6) any
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part of a report if, in his opinion, the publication of that part—
(a)
would be against the interests of national security, or
(b)
could prejudice the prevention or detection of crime or the
apprehension or prosecution of offenders, or
(c)
might jeopardise the safety of any person.
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(8)
The Secretary of State must send a copy of the published report—
(a)
to SOCA, and
(b)
if subsection (3) applied to the inspection, to the Scottish Ministers.
(9)
SOCA must—
(a)
prepare comments on the published report, and
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(b)
arrange for its comments to be published in such manner as it considers
appropriate.
(10)
SOCA must send a copy of any document published under subsection (9)(b)—
(a)
to the Secretary of State, and
(b)
if subsection (3) applied to the inspection, to the Scottish Ministers.
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(11)
The inspectors shall carry out such other duties for the purpose of furthering
the efficiency and effectiveness of SOCA as the Secretary of State may from
time to time direct.
(12)
In this section “the Scottish inspectors” means the inspectors of constabulary
appointed under section 33(1) of the Police (Scotland) Act 1967 (c. 77).
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Financial provisions
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Grants by Secretary of State
(1)
The Secretary of State must make a grant to SOCA in respect of each of its
financial years.
(2)
The grant in respect of a financial year is to be paid—
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(a)
at such time, or
(b)
in instalments of such amounts and at such times,

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
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as the Secretary of State may determine (and any such time may fall within or
after that year).
(3)
The Secretary of State may, if he thinks fit, make any payment of grant under
this section subject to conditions.
(4)
The conditions may (among other things)—
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(a)
regulate the purposes for which the payment or any part of it may be
used;
(b)
require repayment to the Secretary of State in specified circumstances.
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Determinations relating to grants under section 18
(1)
The Secretary of State must determine the amount of the grant to be made
10
under section 18 in respect of each of SOCA’s financial years.
(2)
But a determination under subsection (1) may, if the Secretary of State thinks
fit, specify a single amount in respect of two or more financial years.
(3)
A determination under that subsection may be varied by a subsequent
determination.
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(4)
Any proposed conditions under section 18(3) must be included in a
determination under subsection (1) relating to the grant in question.
(5)
Where the Secretary of State makes any determination under subsection (1), he
must prepare a report—
(a)
setting out the determination (including any proposed conditions
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under section 18(3)), and
(b)
stating the considerations which he took into account in making it.
(6)
The Secretary of State must—
(a)
send SOCA a copy of each report under subsection (5), and
(b)
lay a copy of each such report before the House of Commons.
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(7)
In connection with the exercise of his functions under this section, the Secretary
of State may require SOCA—
(a)
to provide him with such information as he may specify, and
(b)
to do so within such period as he may specify.
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Charges by SOCA and other receipts
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(1)
SOCA may make charges in respect of—
(a)
the provision by SOCA of any goods or services to any person, or
(b)
an agreement for the provision by SOCA of any such goods or services.
(2)
Any charges made under subsection (1) may include amounts calculated by
reference to expenditure incurred, or expected to be incurred, by SOCA
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otherwise than directly in connection with the provision of the goods or
services concerned.
(3)
Apart from—
(a)
grants under section 18,
(b)
sums received under section 31(6), and
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(c)
sums borrowed by SOCA under paragraph 21 of Schedule 1,

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
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all sums received by SOCA in the course of, or in connection with, the exercise
of its functions must be paid to the Secretary of State.
(4)
Subsection (3) does not apply where the Secretary of State so directs.
(5)
Any sums received by the Secretary of State under subsection (3) must be paid
into the Consolidated Fund.
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Accounts
(1)
SOCA must—
(a)
keep proper accounts and proper records in relation to the accounts;
and
(b)
prepare a statement of accounts in respect of each financial year.
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(2)
A statement of accounts under subsection (1) must be in such form, and contain
such information, as the Secretary of State may direct.
(3)
SOCA must send copies of the statement of accounts for a financial year—
(a)
to the Secretary of State, and
(b)
to the Comptroller and Auditor General,
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within such period following the end of the financial year as the Secretary of
State may specify.
(4)
The Comptroller and Auditor General must—
(a)
examine, certify and report on the statement of accounts, and
(b)
lay copies of the statement and of his report before each House of
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Parliament.
Operational matters
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Operational responsibility of Director General
(1)
The Director General of SOCA has the function of exercising general
operational control in relation to the activities carried out in the exercise of
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SOCA’s functions.
(2)
This function includes deciding—
(a)
which particular operations are to be mounted in the exercise of any of
those functions, and
(b)
how such operations are to be conducted.
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Activities in Scotland in relation to crime
(1)
SOCA may only carry out activities in Scotland in relation to an offence which
it suspects has been committed (or is being committed) if it does so with the
agreement of the Lord Advocate.
(2)
In carrying out any such activities in Scotland SOCA must comply with such
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directions (whether general or special) as it may receive from the Lord
Advocate or from the procurator fiscal.
(3)
If it suspects that an offence has been committed (or is being committed) in
Scotland, SOCA must report the matter to the procurator fiscal as soon as is
practicable.
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