Serious Organised Crime and Police Act 2005

Central supervision and direction

8 General duty of Secretary of State and Scottish Ministers

The Secretary of State and the Scottish Ministers must exercise the powers respectively conferred on him and them under this Chapter in such manner and to such extent as appear to him and them to be best calculated to promote the efficiency and effectiveness of SOCA.

9 Strategic priorities

(1) The Secretary of State may determine strategic priorities for SOCA.

(2) Before determining any such priorities the Secretary of State must consult—

(a) SOCA,

(b) the Scottish Ministers, and

(c) such other persons as he considers appropriate.

(3) The Secretary of State must arrange for any priorities determined under this section to be published in such manner as he considers appropriate.

10 Codes of practice

(1) The Secretary of State may issue codes of practice relating to the exercise by SOCA of any of its functions.

(2) The Secretary of State may from time to time revise the whole or any part of a code of practice issued under this section.

(3) Before issuing or revising a code of practice issued under this section the Secretary of State must consult—

(a) SOCA,

(b) the Scottish Ministers, and

(c) such other persons as he considers appropriate.

(4) The Secretary of State must lay before Parliament—

(a) any code of practice issued under this section, and

(b) any revisions of such a code.

(5) The Secretary of State—

(a) is not required by subsection (4) to lay before Parliament, or

(b) may exclude from what he does lay before Parliament,

anything to which subsection (6) applies.

(6) This subsection applies to anything the publication of which, in the opinion of the Secretary of State—

(a) would be against the interests of national security, or

(b) could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, or

(c) could jeopardise the safety of any person.

(7) The Secretary of State must provide the Scottish Ministers with a copy of—

(a) any code of practice issued under this section, or

(b) any revisions of such a code.

11 Reports to Secretary of State

(1) The Secretary of State may require SOCA to submit a report to him on such matters—

(a) connected with the exercise of SOCA’s functions, or

(b) otherwise connected with any of SOCA’s activities,

as may be specified in the requirement.

(2) A report submitted under subsection (1) must be in such form as may be so specified.

(3) The Secretary of State must consult the Scottish Ministers before imposing any requirement under that subsection relating to any functions or activities of SOCA—

(a) exercised or carried out in Scotland, or

(b) exercised or carried out outside, but in relation to, Scotland.

(4) The Secretary of State may—

(a) arrange, or

(b) require SOCA to arrange,

for a report under this section to be published in such manner as he considers appropriate.

(5) But the Secretary of State may exclude any part of a report from publication under subsection (4) if, in his opinion, publication of that part—

(a) would be against the interests of national security, or

(b) could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, or

(c) could jeopardise the safety of any person.

12 Power to direct submission of action plan

(1) This section applies where an inspection report made to the Secretary of State states—

(a) that, in the opinion of the person making the report, the whole or any part of SOCA is (whether generally or in particular respects) not efficient or not effective; or

(b) that, in that person’s opinion, the whole or part of SOCA will cease to be efficient or effective (whether generally or in particular respects) unless remedial measures are taken.

(2) If the Secretary of State considers that remedial measures are required in relation to any matters identified by the report, he may direct SOCA—

(a) to submit an action plan to him, and

(b) to do so within such period as is specified in the direction (which must be a period ending not less than 4, and not more than 12, weeks after the direction is given).

(3) An “action plan” is a plan setting out the remedial measures which SOCA proposes to take in relation to the matters in respect of which the direction is given.

(4) The provision that a direction under this section may require to be included in an action plan includes—

(a) provision setting out the steps that SOCA proposes should be taken in respect of the matters in respect of which the direction is given, and the performance targets that SOCA proposes should be met;

(b) provision setting out SOCA’s proposals as to the times within which those steps are to be taken and those targets met, and the means by which the success of the plan’s implementation is to be measured;

(c) provision for the making of progress reports to the Secretary of State about the plan’s implementation;

(d) provision as to the times at which, and the manner in which, any progress report is to be made; and

(e) provision for the duration of the plan and for it to cease to apply in circumstances determined by the Secretary of State.

(5) But nothing in this section authorises the Secretary of State to direct the inclusion in an action plan of any requirement to do or not to do anything—

(a) in a particular case identified for the purposes of the requirement, or

(b) in relation to a particular person so identified.

(6) The Secretary of State must consult the Scottish Ministers before giving any direction under this section in connection with any functions or activities of SOCA—

(a) exercised or carried out in Scotland, or

(b) exercised or carried out outside, but in relation to, Scotland.

(7) In this section “an inspection report” means a report under section 16.

(8) If this section applies at a time when there is already an action plan in force—

(a) references in this section to the submission of an action plan to the Secretary of State include references to the submission of revisions of the existing plan, and

(b) the other provisions of this section have effect accordingly.

13 Revision of inadequate action plan

(1) This section applies where the Secretary of State is of the opinion that any remedial measures contained in an action plan submitted to him under section 12 are inadequate.

(2) The Secretary of State may notify SOCA of that opinion and of his reasons for it.

(3) The Secretary of State must consult the Scottish Ministers before forming an opinion for the purposes of subsection (1) as to any remedial measures proposed in connection with any functions or activities of SOCA—

(a) exercised or carried out in Scotland, or

(b) exercised or carried out outside, but in relation to, Scotland.

(4) If SOCA receives a notification under subsection (2)—

(a) it must consider whether to revise the plan in the light of the matters notified to it, and

(b) if it does revise the plan, it must send a copy of the revised plan to the Secretary of State.

(5) References in this section to an action plan submitted to the Secretary of State under section 12 include references to revisions submitted to him by virtue of subsection (8) of that section.

14 Procedure for giving directions under section 12

(1) The Secretary of State may not give a direction under section 12 unless the conditions in subsection (2) are satisfied.

(2) The conditions are—

(a) SOCA must have been given such information about the Secretary of State’s grounds for proposing to give the direction as he considers appropriate for enabling it to make representations or proposals under paragraphs (b) and (c) below;

(b) SOCA must have been given an opportunity of making representations about those grounds;

(c) SOCA must have had an opportunity of making proposals for the taking of remedial measures that would make it unnecessary to give the direction; and

(d) the Secretary of State must have considered any such representations and any such proposals.

15 Reports relating to directions under section 12

(1) This section applies where the Secretary of State exercises his power to give a direction under section 12.

(2) The Secretary of State must prepare a report on his exercise of that power.

(3) A report under subsection (2)—

(a) is to be prepared at such time as the Secretary of State considers appropriate, and

(b) may relate to more than one exercise of the power.

(4) The Secretary of State must—

(a) lay before each House of Parliament a copy of any report prepared under subsection (2), and

(b) send a copy of any such report to the Scottish Ministers.

(5) The Scottish Ministers must lay before the Scottish Parliament any copy of a report sent to them under subsection (4).

16 Inspections

(1) Her Majesty’s Inspectors of Constabulary (“HMIC”) must inspect SOCA from time to time.

(2) HMIC must also inspect SOCA if requested to do so by the Secretary of State either—

(a) generally, or

(b) in respect of a particular matter.

(3) Before requesting an inspection that would fall to be carried out wholly or partly in Scotland, the Secretary of State must consult the Scottish Ministers.

(4) Any inspection under this section must be carried out jointly by HMIC and the Scottish inspectors—

(a) if it is carried out wholly in Scotland, or

(b) in a case where it is carried out partly in Scotland, to the extent that it is carried out there.

(5) Following an inspection under this section, HMIC must report to the Secretary of State on the efficiency and effectiveness of SOCA either—

(a) generally, or

(b) in the case of an inspection under subsection (2)(b), in respect of the matter to which the inspection related.

(6) A report under subsection (5) must be in such form as the Secretary of State may direct.

(7) The Secretary of State must arrange for every report which he receives under subsection (5) to be published in such manner as he considers appropriate.

(8) The Secretary of State may exclude from publication under subsection (7) any part of a report if, in his opinion, the publication of that part—

(a) would be against the interests of national security, or

(b) could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, or

(c) might jeopardise the safety of any person.

(9) The Secretary of State must send a copy of the published report—

(a) to SOCA, and

(b) if subsection (4) applied to the inspection, to the Scottish Ministers.

(10) SOCA must—

(a) prepare comments on the published report, and

(b) arrange for its comments to be published in such manner as it considers appropriate.

(11) SOCA must send a copy of any document published under subsection (10)(b)—

(a) to the Secretary of State, and

(b) if subsection (4) applied to the inspection, to the Scottish Ministers.

(12) The inspectors shall carry out such other duties for the purpose of furthering the efficiency and effectiveness of SOCA as the Secretary of State may from time to time direct.

(13) In this section “the Scottish inspectors” means the inspectors of constabulary appointed under section 33(1) of the Police (Scotland) Act 1967 (c. 77).