Serious Organised Crime and Police Act 2005

Prospective

5 (1) Section 15 (general duties of police authorities etc.) is amended as follows. E+W

(2) After subsection (1) insert—

“(1A) It shall be the duty of the Serious Organised Crime Agency to ensure that it is kept informed, in relation to the Agency, about all matters falling within subsection (2).”

(3) In subsection (3)—

(a) for paragraph (c) substitute—

“(c) a police authority or chief officer requires the Director General of the Serious Organised Crime Agency to provide a member of the staff of that Agency for appointment under any of those paragraphs,”; and

(b) for “or Director General to whom the requirement is addressed” substitute “ to whom the requirement is addressed or of the Director General ”.

(4) In subsection (4), at the end of paragraph (b) insert “ and ” and for paragraphs (c) and (d) substitute—

“(c) the Serious Organised Crime Agency,”.

(5) In subsection (5), at the end of paragraph (b) insert “ and ” and for paragraphs (c) and (d) substitute—

“(c) the Serious Organised Crime Agency,”.

(6) In subsection (6)—

(a) for “the Directors General of the National Criminal Intelligence Service and of the National Crime Squad” substitute “ the Serious Organised Crime Agency ”;

(b) in paragraph (a), for “of that Service or Squad” substitute “ a member of the staff of the Agency ”; and

(c) omit the words from “or, as the case may be” to the end of the subsection.

(7) In subsection (7), for the words from “and in this subsection” onwards substitute “ and where the person whose conduct is under investigation was a member of the staff of the Serious Organised Crime Agency at the time of the conduct, “third force” means any police force other than the force to which the person carrying out the investigation belongs. ”

(8) After subsection (7) insert—

“(8) Where the person who requires assistance and co-operation under subsection (5) is a member of the staff of the Serious Organised Crime Agency, a chief officer of a third force may be required to give that assistance and co-operation only with the approval of the Director General of the Agency.

In this subsection, “third force”, in relation to an investigation, means any police force other than the force to which the person whose conduct is under investigation belonged at the time of the conduct.

(9) Where—

(a) the person carrying out an investigation is not a member of the staff of the Serious Organised Crime Agency; and

(b) the person whose conduct is under investigation was not a member of the staff of the Agency at the time of the conduct,

the Director General of the Agency may be required to give assistance and co-operation under subsection (5) only with the approval of the chief officer of the force to which the person requiring it belongs.”