Serious Organised Crime and Police Act 2005

Termination or suspension of appointment of Director General U.K.

10 (1) The Secretary of State may call on the Director General to retire or to resign from his office as Director General— U.K.

(a) in the interests of efficiency or effectiveness, or

(b) by reason of any misconduct by the Director General.

(2) But before doing so the Secretary of State must have complied with sub-paragraphs (3) to (6).

(3) The Secretary of State must give the Director General—

(a) an explanation in writing of the grounds on which the Secretary of State proposes to call upon the Director General to retire or resign as mentioned in sub-paragraph (1)(a) or (b), and

(b) an opportunity to make representations to the Secretary of State (including an opportunity to make them in person).

(4) The Secretary of State must consider any representations made by or on behalf of the Director General.

(5) The Secretary of State must send a copy of the explanation mentioned in sub-paragraph (3)(a) to the chairman of SOCA.

(6) The Secretary of State must consult—

(a) the chairman of SOCA, F1 ...

(b) the Scottish Ministers[F2 , and

(c) the Department of Justice in Northern Ireland.]

(7) If the Director General is, under sub-paragraph (1), called upon to retire or resign, he must retire or resign with effect from—

(a) such date as the Secretary of State may specify, or

(b) such earlier date as may be agreed between him and the Secretary of State.

(8) If the Secretary of State considers that it is necessary to do so for the maintenance of public confidence in SOCA, he may suspend the Director General from duty.

But before doing so the Secretary of State must have complied with sub-paragraph (6).

(9) Nothing in this paragraph affects any power of the Secretary of State to terminate or suspend the Director General's employment with SOCA in accordance with the terms and conditions of that employment.

Textual Amendments

F1 Word in Sch. 1 para. 10(6)(a) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 27(4)(a) (with arts. 28-31)

F2 Sch. 1 para. 10(6)(c) and word inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 15 para. 27(4)(b) (with arts. 28-31)

Commencement Information

I1 Sch. 1 para. 10 in force at 1.3.2006 for specified purposes by S.I. 2006/378, art. 2(1) (with art. 2(2)-(4))

I2 Sch. 1 para. 10 in force at 1.4.2006 in so far as not already in force by S.I. 2006/378, art. 4(1), Sch. para. 1 (with art. 4(2)-(7))