Serious Organised Crime and Police Bill

House of Lords

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 1 — SOCA: establishment and activities
13

24
Mutual assistance between SOCA and law enforcement agencies: voluntary
arrangements
(1)
Subsection (2) applies if—
(a)
the chief officer of a police force in the British Islands or of a special
police force, or
5
(b)
a law enforcement agency operating in the British Islands,

notifies the Director General of SOCA that that force or agency has a special
need for assistance from SOCA and requests the Director General of SOCA to
provide it with such assistance.
(2)
In such a case the Director General of SOCA may provide that force or agency
10
with—
(a)
such members of the staff of SOCA, or
(b)
such other assistance,

as the Director General of SOCA considers appropriate in the circumstances.
(3)
Subsection (4) applies if the Director General of SOCA notifies—
15
(a)
the chief officer of a police force in the United Kingdom or of a special
police force, or
(b)
a law enforcement agency operating in the United Kingdom,

that SOCA has a special need for assistance from that force or agency and
requests it to provide SOCA with such assistance.
20
(4)
In such a case the chief officer of that force or the agency in question may
provide SOCA with—
(a)
such constables or members of the staff of the agency, or
(b)
such other assistance,

as the chief officer or the agency considers appropriate in the circumstances.
25
(5)
But before the Scottish Drug Enforcement Agency provides any constable
under subsection (4), its Director must obtain the agreement of the chief
constable of the police force from which the constable is seconded to the
Agency.
(6)
Where a member of the staff of SOCA is provided under this section for the
30
assistance of a police force, a special police force or a law enforcement agency,
he shall be under the direction and control of the chief officer of the force or the
head of the agency (as the case may be).
(7)
Where—
(a)
a constable,
35
(b)
a member of the staff of the Scottish Drug Enforcement Agency, or
(c)
a member of the staff of a law enforcement agency,

is provided under this section for the assistance of SOCA, he shall be under the
direction and control of the Director General of SOCA (despite anything in, or
in any agreement made under, any other enactment).
40
(8)
Where SOCA provides assistance under this section for—
(a)
a police force in the United Kingdom or a special police force, or
(b)
a law enforcement agency operating in the United Kingdom,

the relevant police authority or (as the case may be) that agency must pay to
SOCA such contribution, if any, as may be agreed between them or, in the
45
absence of agreement, as may be determined by the Secretary of State.

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
14

(9)
Where SOCA is provided with assistance under this section by—
(a)
a police force in the United Kingdom or a special police force, or
(b)
a law enforcement agency operating in the United Kingdom,

SOCA must pay to the relevant police authority or (as the case may be) that
agency such contribution, if any, as may be agreed between them or, in the
5
absence of agreement, as may be determined by the Secretary of State.
(10)
If the assistance mentioned in subsection (8) or (9) is provided for or (as the case
may be) by—
(a)
a police force in Scotland,
(b)
the Scottish Drug Enforcement Agency, or
10
(c)
the Scottish Administration,

the Secretary of State must, before making a determination under the
subsection in question, consult the Scottish Ministers.
(11)
In this section—
“law enforcement agency” has the meaning given by section 3(4) (subject
15
to any territorial restrictions contained in this section);
“police force”, in relation to the British Islands, includes the States of
Jersey Police Force, the salaried police force of the Island of Guernsey
and the Isle of Man Constabulary;
“relevant police authority” means—
20
(a)
in relation to a police force in Great Britain, the police authority
maintaining that force (or, in the case of a police force for a
combined area, the joint police board for that area),
(b)
in relation to the Police Service of Northern Ireland or the Police
Service of Northern Ireland Reserve, the Northern Ireland
25
Policing Board,
(c)
in relation to the Ministry of Defence Police, the Secretary of
State,
(d)
in relation to the British Transport Police Force, the British
Transport Police Authority,
30
(e)
in relation to the Civil Nuclear Constabulary, the Civil Nuclear
Police Authority, and
(f)
in relation to the Scottish Drug Enforcement Agency, the
Agency itself.
25
Mutual assistance between SOCA and law enforcement agencies: directed
35
arrangements
(1)
This section applies where it appears to the Secretary of State—
(a)
that a body within subsection (2) has a special need for assistance from
SOCA or SOCA has a special need for assistance from a body within
that subsection,
40
(b)
that it is expedient for such assistance to be provided by SOCA or (as
the case may be) the body, and
(c)
that satisfactory arrangements cannot be made, or cannot be made in
time, under section 24.
(2)
The bodies within this subsection are—
45
(a)
any police force in England and Wales or Northern Ireland,

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
15

(b)
any special police force other than the Scottish Drug Enforcement
Agency, and
(c)
any law enforcement agency operating in the United Kingdom other
than the Scottish Administration.
(3)
In a case where this section applies the Secretary of State may (as
5
appropriate)—
(a)
direct the chief officer of the police force to provide such constables or
other assistance for the purpose of meeting the need in question as may
be specified in the direction;
(b)
direct the chief officer of the special police force to provide such
10
constables or other persons, or such other assistance, for the purpose of
meeting the need in question as may be so specified;
(c)
direct the head of the law enforcement agency to provide such
members of the staff of that agency or other assistance for the purpose
of meeting the need in question as may be so specified;
15
(d)
direct the Director General of SOCA to provide such members of the
staff of SOCA or other assistance for the purpose of meeting the need
in question as may be so specified.
(4)
A direction under subsection (3) requires the consent of the Treasury if it is to
be given to the Commissioners.
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(5)
Subsections (6) to (9) of section 24 apply in relation to assistance provided
under this section—
(a)
by SOCA to a police force, a special police force or a law enforcement
agency, or
(b)
to SOCA by a police force, a special police force or a law enforcement
25
agency,

as they apply in relation to assistance so provided under that section.
(6)
In this section “law enforcement agency” has the meaning given by section 3(4)
(subject to the territorial restriction contained in subsection (2) above).
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Directed arrangements: Scotland
30
(1)
This section applies where it appears to the Scottish Ministers—
(a)
that a body within subsection (2) has a special need for assistance from
SOCA or SOCA has a special need for assistance from a body within
that subsection,
(b)
that it is expedient for such assistance to be provided by SOCA or (as
35
the case may be) the body, and
(c)
that satisfactory arrangements cannot be made, or cannot be made in
time, under section 24.
(2)
The bodies within this subsection are—
(a)
any police force in Scotland, and
40
(b)
the Scottish Drug Enforcement Agency.
(3)
In a case where this section applies the Scottish Ministers may (as
appropriate)—
(a)
direct the chief officer of the police force to provide such constables or
other assistance for the purpose of meeting the need in question as may
45
be specified in the direction;

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
16

(b)
direct the Director of the Scottish Drug Enforcement Agency to provide
such constables or other persons, or other assistance, for the purpose of
meeting the need in question as may be so specified;
(c)
with the agreement of the Secretary of State, direct the Director General
of SOCA to provide such members of the staff of SOCA or other
5
assistance for the purpose of meeting the need in question as may be so
specified.
(4)
Subsections (6) to (10) of section 24 apply in relation to assistance provided
under this section—
(a)
by SOCA to a police force in Scotland or to the Scottish Drug
10
Enforcement Agency, or
(b)
to SOCA by a police force in Scotland or by the Scottish Drug
Enforcement Agency,

as they apply in relation to assistance so provided under that section.
27
Use by SOCA of police premises etc.
15
(1)
Arrangements may be made between—
(a)
SOCA, and
(b)
the relevant police authority,

under which SOCA may use such premises, equipment or other material,
facilities or services made available by a police force in England and Wales or
20
Northern Ireland as are specified or described in the arrangements.
(2)
If it appears to the Secretary of State—
(a)
that it is expedient for arrangements within subsection (1) to be made
between SOCA and the relevant police authority, and
(b)
that satisfactory arrangements cannot be made, or cannot be made in
25
time, under that subsection,

he may direct SOCA and that authority to enter into such arrangements within
that subsection as are specified in the direction.
(3)
Before giving such a direction to SOCA or the relevant police authority the
Secretary of State must—
30
(a)
notify that body that he is proposing to give the directions, and
(b)
consider any representations made to him by that body.
(4)
Any arrangements under this section may be varied or terminated by
agreement between the parties.
(5)
But arrangements entered into in pursuance of a direction under subsection (2)
35
may not be so terminated without the consent of the Secretary of State.
(6)
Where any expenditure is incurred by the relevant police authority by virtue
of any arrangements under this section, SOCA must pay to the authority such
contribution, if any, in respect of that expenditure—
(a)
as may be agreed between them, or
40
(b)
in the absence of agreement, as may be determined by the Secretary of
State.
(7)
In this section “relevant police authority” means—
(a)
in relation to a police force in England and Wales, the police authority
maintaining that force, and
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Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
17

(b)
in relation to the Police Service of Northern Ireland or the Police Service
of Northern Ireland Reserve, the Northern Ireland Policing Board.
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Regulations as to equipment
(1)
The Secretary of State may make regulations requiring equipment used by
SOCA to satisfy such requirements as to design and performance as may be
5
prescribed by the regulations.
(2)
The Secretary of State may by regulations make any of the following kinds of
provision—
(a)
provision requiring SOCA, when using equipment for the purposes
specified in the regulations, to use only—
10
(i)
the equipment which is specified in the regulations,
(ii)
equipment which is of a description so specified, or
(iii)
equipment which is of a type approved by the Secretary of State
in accordance with the regulations;
(b)
provision prohibiting SOCA from using equipment of a type approved
15
as mentioned in paragraph (a)(iii) except—
(i)
where the conditions subject to which the approval was given
are satisfied, and
(ii)
in accordance with the other terms of that approval;
(c)
provision requiring equipment used by SOCA to comply with such
20
conditions as may be specified in the regulations, or as may be
approved by the Secretary of State in accordance with the regulations;
(d)
provision prohibiting SOCA from using equipment specified in the
regulations, or any equipment of a description so specified.
(3)
Before making regulations under this section Secretary of State must consult—
25
(a)
SOCA, and
(b)
such other persons as he considers appropriate.
(4)
In this section “equipment” includes—
(a)
vehicles, and
(b)
headgear and protective and other clothing.
30
Liability for unlawful conduct
29
Liability of SOCA for acts of seconded staff etc.
(1)
SOCA 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
35
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, SOCA is accordingly to be treated as a joint tortfeasor.

This subsection does not apply to Scotland.
(3)
This section applies to—
40
(a)
any constable or other person who has been seconded to SOCA to serve
as a member of its staff, and

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
18

(b)
any constable or other person who has been provided for the assistance
of SOCA under section 24, 25 or 26.
30
Payment by SOCA of amounts in connection with unlawful conduct of
employees etc.
(1)
SOCA may, in such cases and to such extent as appear to it to be appropriate,
5
pay—
(a)
any damages or costs awarded against a person to whom this section
applies in proceedings for any unlawful conduct of that person;
(b)
any costs (or, in Scotland, expenses) incurred and not recovered by
such a person in such proceedings, and
10
(c)
any sum required in connection with the settlement of a claim that has,
or might have, given rise to such proceedings.
(2)
This section applies to—
(a)
any person who is employed by SOCA,
(b)
any constable or other person who has been seconded to SOCA to serve
15
as a member of its staff, and
(c)
any constable or other person who has been provided for the assistance
of SOCA under section 24, 25 or 26.
31
Application of sections 29 and 30 to members of joint investigation teams
(1)
Subsection (2) applies where an international joint investigation team has been
20
formed under the leadership of a member of SOCA’s staff.
(2)
In such a case—
(a)
section 29 has effect in relation to any member of that team who is not
a member of SOCA’s staff as if any unlawful conduct in the carrying
out, or purported carrying out, of his functions as a member of the team
25
were unlawful conduct of a person to whom that section applies; and
(b)
section 30(1) has effect as if it applied to every member of the team to
whom it would not apply apart from this subsection.
(3)
Subsection (4) applies where a person (“the relevant person”) is carrying out
surveillance under section 76A of the Regulation of Investigatory Powers Act
30
2000 (c. 23) (foreign surveillance operations).
(4)
In such a case—
(a)
section 29 has effect as if any unlawful conduct of the relevant person
in the course of carrying out the surveillance were unlawful conduct of
a person to whom that section applies; and
35
(b)
section 30(1) has effect as if it applied to the relevant person.
(5)
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
Article 34 of the Treaty on European Union;
40
(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
and which is specified in an order made by the Secretary of State.
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Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
19

(6)
Where—
(a)
a sum is paid by SOCA by virtue of this section, and
(b)
the Secretary of State receives under any international agreement a sum
by way of reimbursement (in whole or in part) of the sum paid by
SOCA,
5

he must pay to SOCA the sum received by him by way of reimbursement.
32
Liability of special police forces and law enforcement agencies for unlawful
conduct of SOCA staff
(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
10
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
15
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—
(a)
any damages or costs awarded against a person to whom this section
20
applies in proceedings for any unlawful conduct of that person,
(b)
any costs (or, in Scotland, expenses) incurred and not recovered by
such a person in such proceedings, and
(c)
any sum required in connection with the settlement of a claim that has,
or might have, given rise to such proceedings.
25
(4)
This section applies to a member of the staff of SOCA who under section 24, 25
or 26 is provided for the assistance of—
(a)
a special police force, or
(b)
a law enforcement agency operating in the United Kingdom.
(5)
In this section—
30
“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”—
(a)
in relation to a member of the staff of SOCA provided for the
assistance of the Ministry of Defence Police, means the
35
Secretary of State,
(b)
in relation to a member of the staff of SOCA provided for the
assistance of the British Transport Police Force, means the
British Transport Police Authority,
(c)
in relation to a member of the staff of SOCA provided for the
40
assistance of the Civil Nuclear Constabulary, means the Civil
Nuclear Police Authority,
(d)
in relation to a member of the staff of SOCA provided for the
assistance of the Scottish Drug Enforcement Agency, means
that Agency,
45
(e)
in relation to a member of the staff of SOCA provided for the
assistance of the Commissioners, means the Commissioners,