Serious Organised Crime and Police Bill

House of Lords

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
20

(f)
in relation to a member of the staff of SOCA provided for the
assistance of the Scottish Administration, means the Scottish
Ministers, and
(g)
in relation to a member of the staff of SOCA provided for the
assistance of any other law enforcement agency, means such
5
person as is prescribed in relation to that agency by regulations
made by the Secretary of State.
Use and disclosure of information
33
Use of information by SOCA
Information obtained by SOCA in connection with the exercise of any of its
10
functions may be used by SOCA in connection with the exercise of any of its
other functions.
34
Disclosure of information by SOCA
(1)
Information obtained by SOCA in connection with the exercise of any of its
functions may be disclosed by SOCA if the disclosure is for any permitted
15
purposes.
(2)
“Permitted purposes” means the purposes of any of the following—
(a)
the prevention, detection, investigation or prosecution of criminal
offences, whether in the United Kingdom or elsewhere;
(b)
the prevention, detection or investigation of conduct for which
20
penalties other than criminal penalties are provided under the law of
any part of the United Kingdom or of any country or territory outside
the United Kingdom;
(c)
the exercise of any function conferred on SOCA by section 2, 3 or 5 (so
far as not falling within paragraph (a) or (b));
25
(d)
the exercise of any functions of any intelligence service within the
meaning of the Regulation of Investigatory Powers Act 2000 (c. 23);
(e)
the exercise of any functions under Part 2 of the Football Spectators Act
1989 (c. 37);
(f)
the exercise of any function which appears to the Secretary of State to
30
be a function of a public nature and which he designates by order.
(3)
A disclosure under this section does not breach—
(a)
any obligation of confidence owed by the person making the
disclosure, or
(b)
any other restriction on the disclosure of information (however
35
imposed).
(4)
But nothing in this section authorises—
(a)
a disclosure, in contravention of any provisions of the Data Protection
Act 1998 (c. 29), of personal data which are not exempt from those
provisions,
40
(b)
a disclosure which is prohibited by Part 1 of the Regulation of
Investigatory Powers Act 2000, or
(c)
a disclosure in contravention of section 36(2).

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
21

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Disclosure of information to SOCA
(1)
Any person may disclose information to SOCA if the disclosure is made for the
purposes of the exercise by SOCA of any of its functions.
(2)
A disclosure under this section does not breach—
(a)
any obligation of confidence owed by the person making the
5
disclosure, or
(b)
any other restriction on the disclosure of information (however
imposed).
(3)
But nothing in this section authorises—
(a)
a disclosure, in contravention of any provisions of the Data Protection
10
Act 1998 (c. 29), of personal data which are not exempt from those
provisions, or
(b)
a disclosure which is prohibited by Part 1 of the Regulation of
Investigatory Powers Act 2000 (c. 23).
(4)
Information may not be disclosed under subsection (1) on behalf of the
15
Commissioners unless the disclosure is authorised by the Commissioners or by
an authorised officer of theirs.
36
Restrictions on further disclosure
(1)
Information disclosed by SOCA under section 34 to any person or body must
not be further disclosed except—
20
(a)
for a purpose connected with any function of that person or body for
the purposes of which the information was disclosed by SOCA, or
otherwise for any permitted purposes, and
(b)
with the consent of SOCA.
(2)
Information disclosed to SOCA under any enactment by the Commissioners or
25
a person acting on their behalf must not be further disclosed except—
(a)
for any permitted purposes, and
(b)
with the consent of the Commissioners or an authorised officer of
Revenue and Customs.
(3)
Consent under subsection (1) or (2) may be given—
30
(a)
in relation to a particular disclosure, or
(b)
in relation to disclosures made in circumstances specified or described
in the consent.
(4)
In this section “permitted purposes” has the meaning given by section 34(2).
General duties of police etc.
35
37
General duty of police to pass information to SOCA
(1)
The chief officer of a police force in Great Britain must keep SOCA informed of
any information relating to crime in his police area that appears to him to be
likely to be relevant to the exercise by SOCA of any of its functions.
(2)
The Chief Constable of the Police Service of Northern Ireland has a
40
corresponding duty in relation to crime in Northern Ireland.

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 1 — SOCA: establishment and activities
22

(3)
The chief officer of a special police force must keep SOCA informed of any
information relating to crime that he has become aware of in his capacity as
chief officer and appears to him to be likely to be relevant to the exercise by
SOCA of any of its functions.
38
General duty of police etc. to assist SOCA
5
(1)
It is the duty of every person to whom this section applies to assist SOCA in the
exercise of its functions in relation to serious organised crime.
(2)
This section applies to—
(a)
any constable,
(b)
any officer of Revenue and Customs, and
10
(c)
any member of Her Majesty’s armed forces or Her Majesty’s
coastguard.
Miscellaneous and supplementary
39
Directions
Any person to whom a direction is given by the Secretary of State or the
15
Scottish Ministers under this Chapter must comply with the direction.
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Interpretation of Chapter 1
(1)
In this Chapter—
“chief officer” means—
(a)
in relation to a police force in England and Wales, the chief
20
officer of police,
(b)
in relation to a police force in Scotland, the chief constable,
(c)
in relation to the Police Service of Northern Ireland or the Police
Service of Northern Ireland Reserve, the Chief Constable of the
Police Service of Northern Ireland;
25
(d)
in relation to the States of Jersey Police Force or the salaried
police force of the Island of Guernsey, the chief officer of that
force;
(e)
in relation to the Isle of Man Constabulary, the chief constable;
(f)
in relation to a special police force mentioned in section 3(5)(a),
30
(b) or (c), the Chief Constable;
(g)
in relation to the Scottish Drug Enforcement Agency, the
Director of that Agency;
“the Commissioners” has the meaning given by section 2(8);
“constable”, in relation to Northern Ireland, means a member of the Police
35
Service of Northern Ireland or the Police Service of Northern Ireland
Reserve;
“financial year”, in relation to SOCA, means—
(a)
the period beginning with the date on which SOCA is
established and ending with the following 31st March, and
40
(b)
each successive period of 12 months ending with 31st March;
“functions” includes powers and duties;
“government department” includes a Northern Ireland department;

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 2 — SOCA: special powers of designated staff
23

“joint police board” has the same meaning as in the Police (Scotland) Act
1967 (c. 77);
“police force” means (unless the context otherwise requires)—
(a)
a police force in England, Wales or Scotland, or
(b)
the Police Service of Northern Ireland or the Police Service of
5
Northern Ireland Reserve;
“special police force” has the meaning given by section 3(5).
(2)
In this Chapter—
(a)
“the Scottish Drug Enforcement Agency” means the organisation
known by that name and established under section 36(1)(a)(ii) of the
10
Police (Scotland) Act 1967; and
(b)
“the Director” of that Agency means the person engaged on central
service (as defined by section 38(5) of that Act) and for the time being
appointed by the Scottish Ministers to exercise control in relation to the
activities carried out in the exercise of the Agency’s functions.
15
(3)
Section 81(5) of the Regulation of Investigatory Powers Act 2000 (c. 23)
(meaning of “prevention” and “detection”) applies for the purposes of this
Chapter as it applies for the purposes of the provisions of that Act not
contained in Chapter 1 of Part 1.
Chapter 2
20
SOCA: special powers of designated staff
Designations
41
Designation of SOCA staff as persons having powers of constable etc.
(1)
The Director General of SOCA may designate a member of the staff of SOCA
as one or more of the following—
25
(a)
a person having the powers of a constable;
(b)
a person having the customs powers of an officer of Revenue and
Customs;
(c)
a person having the powers of an immigration officer.
(2)
A designation under this section—
30
(a)
may be made subject to any limitations specified in the designation
(whether as to the powers exercisable by virtue of it, the purposes for
which they are exercisable or otherwise); and
(b)
has effect either for a period so specified or without limit of time.
(3)
Subsection (2) applies subject to any modification or withdrawal of the
35
designation under section 43.
(4)
A member of SOCA’s staff may be designated as a person having the powers
mentioned in any of paragraphs (a) to (c) of subsection (1) whether or not—
(a)
he already has (for any reason) any powers falling within any of those
paragraphs, or
40
(b)
he had any such powers before becoming a member of SOCA’s staff.

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 2 — SOCA: special powers of designated staff
24

(5)
But a person may not be designated as a person having the powers mentioned
in any of paragraphs (a) to (c) of subsection (1) unless the Director General is
satisfied that that person—
(a)
is capable of effectively exercising the powers that would be exercisable
by virtue of the designation,
5
(b)
has received adequate training in respect of the exercise of those
powers, and
(c)
is otherwise a suitable person to exercise those powers.
(6)
Where an employee of SOCA—
(a)
before becoming such an employee, held an office by virtue of which he
10
had any powers falling within subsection (1)(a), (b) or (c), and
(b)
has not resigned that office,

that office is to be treated as suspended so long as he remains in SOCA’s
employment, and revives if (and only if) on ceasing to be so employed he
returns to service as the holder of that office.
15
(7)
References in this section to the powers of a constable, the customs powers of
an officer of Revenue and Customs or the powers of an immigration officer are
to be read in accordance with sections 44 to 47.
42
Delegation of power to designate
(1)
The Director General of SOCA may, to such extent as he may specify, delegate
20
his functions under section 41 to an employee of SOCA at the prescribed level.
(2)
“At the prescribed level” means employed in a grade or on a pay scale not
lower than that specified in an order made by the Secretary of State.
43
Modification or withdrawal of designations
(1)
The Director General of SOCA may at any time modify or withdraw a
25
designation made under section 41 by giving a notice to that effect to the
designated person.
(2)
An employee of SOCA by whom the power to make designations under
section 41 is exercisable by virtue of section 42 may at any time modify or
withdraw a relevant designation by giving a notice to that effect to the
30
designated person.
(3)
For the purposes of this section “a relevant designation”, in relation to such an
employee, means a designation of a kind that the employee is authorised to
make by virtue of section 42.
Powers exercisable
35
44
Person having powers of a constable
(1)
This section applies to a member of SOCA’s staff who is for the time being
designated under section 41 as a person having the powers of a constable.
(2)
The designated person has all the powers and privileges of a constable.
(3)
Those powers and privileges are exercisable by the designated person—
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Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 2 — SOCA: special powers of designated staff
25

(a)
throughout England and Wales and the adjacent United Kingdom
waters, and
(b)
in accordance with section 45, in Scotland or Northern Ireland and the
adjacent United Kingdom waters.
(4)
If any of those powers and privileges, when exercisable by a constable, are
5
subject to any territorial restrictions on their exercise, they are similarly subject
to those restrictions when exercised by the designated person.
(5)
If any of those powers and privileges, when exercisable by a constable, are
exercisable elsewhere than in the United Kingdom or the adjacent United
Kingdom waters, they are similarly exercisable by the designated person.
10
(6)
The designated person also has any powers exercisable by virtue of subsection
(7).
(7)
Any enactment under which a constable may be authorised by warrant to
exercise any power in relation to any matter has effect, for the purpose of
enabling the designated person to be authorised to exercise the power in
15
relation to any such matter, as if he were a constable.
(8)
Subsections (2) to (7) have effect subject to any limitation specified in the
designation under section 41(2).
(9)
In this section references to the powers and privileges of a constable are
references to the powers and privileges of a constable whether under any
20
enactment or otherwise.
45
Person having powers of constable: Scotland and Northern Ireland
(1)
This section provides for persons designated as mentioned in section 44(1)
(“relevant persons”) to exercise the powers and privileges mentioned in section
44(2) in Scotland or Northern Ireland and the adjacent United Kingdom
25
waters.
(2)
If so agreed by—
(a)
the Scottish Ministers, and
(b)
SOCA,

the powers and privileges are exercisable by relevant persons in Scotland and
30
the adjacent United Kingdom waters to such extent and in such circumstances
as may be specified in the agreement.
(3)
If so agreed by—
(a)
the Director of the Scottish Drug Enforcement Agency or a person
nominated by him for the purposes of this subsection, and
35
(b)
SOCA,

a relevant person may exercise the powers and privileges in Scotland in
connection with a particular operation.
(4)
A person nominated for the purposes of subsection (3) must be either—
(a)
a person for the time being appointed as Deputy Director of that
40
Agency, or
(b)
an appropriate officer of a police force for an area in Scotland.
(5)
If so agreed by—
(a)
the Secretary of State, and

Serious Organised Crime and Police Bill
Part 1 — The Serious Organised Crime Agency
Chapter 2 — SOCA: special powers of designated staff
26

(b)
SOCA,

the powers and privileges are exercisable by relevant persons in Northern
Ireland and the adjacent United Kingdom waters to such extent and in such
circumstances as may be specified in the agreement.
(6)
If—
5
(a)
an agreement under subsection (5) (“the general authorisation”) is in
force, and
(b)
an appropriate officer of the Police Service of Northern Ireland and
SOCA so agree in conformity with the general authorisation,

a relevant person may exercise the powers and privileges in Northern Ireland
10
in connection with a particular operation in accordance with the agreement
mentioned in paragraph (b).
(7)
In this section—
“appropriate officer” means an officer of or above the rank of assistant
chief constable;
15
“the Scottish Drug Enforcement Agency” and “the Director” of that
Agency have the meanings given by section 40(2).
46
Person having customs powers
(1)
This section applies to a member of SOCA’s staff who is for the time being
designated under section 41 as a person having the customs powers of an
20
officer of Revenue and Customs.
(2)
The designated person has, in relation to any customs matter, the same powers
as an officer of Revenue and Customs would have.
(3)
The designated person also has any powers exercisable by virtue of subsection
(4).
25
(4)
Any enactment under which an officer of Revenue and Customs may be
authorised by warrant to exercise any power in relation to any customs matter
has effect, for the purpose of enabling the designated person to be authorised
to exercise the power in relation to any such matter, as if he were an officer of
Revenue and Customs.
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(5)
Where any power is exercisable by an officer of Revenue and Customs both—
(a)
in relation to a customs matter, and
(b)
in relation to any other matter,

it is exercisable by the designated person only in relation to the customs matter.
(6)
Subsections (2) to (5) have effect subject to any limitation specified in the
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designation under section 41(2).
(7)
In this section “customs matter” means any matter other than—
(a)
a matter to which section 6 of the Commissioners for Revenue and
Customs Act 2005 applies (former Inland Revenue matters), or
(b)
any tax or duty not mentioned in Schedule 1 to that Act (which lists
40
such matters).