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Serious Organised Crime and Police Bill


 

Serious Organised Crime and Police Bill

 
 

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Home Office, are published separately

as HL Bill 24—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

The Baroness Scotland of Asthal has made the following statement under section

19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Serious Organised Crime and Police Bill are

compatible with the Convention rights.

 
HL Bill 24 53/4
 

 

 

Serious Organised Crime and Police Bill

 

HL Bill 24                                                                                              

53/4

 
   
 

Contents

Part 1

The Serious Organised Crime Agency

Chapter 1

SOCA: establishment and activities

Establishment of SOCA

1   

Establishment of Serious Organised Crime Agency

Functions

2   

Functions of SOCA as to serious organised crime

3   

Functions of SOCA as to information relating to crime

4   

Exercise of functions: general considerations

General powers

5   

SOCA’s general powers

Annual plans and reports

6   

Annual plans

7   

Annual reports

Central supervision and direction

8   

General duty of Secretary of State and Scottish Ministers

9   

Strategic priorities

10   

Performance targets

11   

Codes of practice

12   

Reports to Secretary of State

13   

Power to direct submission of action plan

14   

Revision of inadequate action plan

15   

Procedure for giving directions under section 13

16   

Reports relating to directions under section 13

17   

Inspections

 
HL Bill 24 53/4
 
 

Serious Organised Crime and Police Bill

vi

 

Financial provisions

18   

Grants by Secretary of State

19   

Determinations relating to grants under section 18

20   

Charges by SOCA and other receipts

21   

Accounts

Operational matters

22   

Operational responsibility of Director General

23   

Activities in Scotland in relation to crime

24   

Mutual assistance between SOCA and law enforcement agencies: voluntary

arrangements

25   

Mutual assistance between SOCA and law enforcement agencies: directed

arrangements

26   

Directed arrangements: Scotland

27   

Use by SOCA of police premises etc.

28   

Regulations as to equipment

Liability for unlawful conduct

29   

Liability of SOCA for acts of seconded staff etc.

30   

Payment by SOCA of amounts in connection with unlawful conduct of

employees etc.

31   

Application of sections 29 and 30 to members of joint investigation teams

32   

Liability of special police forces and law enforcement agencies for unlawful

conduct of SOCA staff

Use and disclosure of information

33   

Use of information by SOCA

34   

Disclosure of information by SOCA

35   

Disclosure of information to SOCA

36   

Restrictions on further disclosure

General duties of police etc.

37   

General duty of police to pass information to SOCA

38   

General duty of police etc. to assist SOCA

Miscellaneous and supplementary

39   

Directions

40   

Interpretation of Chapter 1

Chapter 2

SOCA: special powers of designated staff

Designations

41   

Designation of SOCA staff as persons having powers of constable etc.

42   

Delegation of power to designate

43   

Modification or withdrawal of designations

 
 

Serious Organised Crime and Police Bill

vii

 

Powers exercisable

44   

Person having powers of a constable

45   

Person having powers of constable: Scotland and Northern Ireland

46   

Person having customs powers

47   

Person having powers of an immigration officer

Exercise of powers

48   

Designations: supplementary

49   

Assaults, obstruction or deception in connection with designations

Supplementary

50   

Modification of enactments

51   

Employment provisions

52   

Interpretation of Chapter 2

Chapter 3

SOCA: Miscellaneous and supplementary

Complaints and misconduct

53   

Complaints and misconduct

Joint investigation teams

54   

Assaults or obstruction in connection with joint investigation teams

Transfers

55   

Transfers to SOCA

Amendments

56   

Minor and consequential amendments relating to SOCA

Part 2

Investigations, prosecutions, proceedings and proceeds of crime

Chapter 1

Investigatory powers of DPP, etc.

Introductory

57   

Investigatory powers of DPP etc.

58   

Offences to which this Chapter applies

Disclosure notices

59   

Disclosure notices

60   

Production of documents

 
 

 
contents continue
 
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Revised 9 February 2005