Version Superseded: 07/10/2013
Point in time view as at 06/04/2006. This version of this provision has been superseded.
Serious Organised Crime and Police Act 2005, Section 2 is up to date with all changes known to be in force on or before 08 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)SOCA has the functions of—
(a)preventing and detecting serious organised crime, and
(b)contributing to the reduction of such crime in other ways and to the mitigation of its consequences.
(2)SOCA's functions under subsection (1) are exercisable subject to subsections (3) to (5) (but subsection (3) does not apply to Scotland).
(3)If, in exercising its function under subsection (1)(a), SOCA becomes aware of conduct appearing to SOCA to involve serious or complex fraud, SOCA may thereafter exercise that function in relation to the fraud in question only—
(a)with the agreement of the Director, or an authorised officer, of the Serious Fraud Office, or
(b)if the Serious Fraud Office declines to act in relation to it.
(4)If, in exercising its function under subsection (1)(a), SOCA becomes aware of conduct appearing to SOCA to involve revenue fraud, SOCA may thereafter exercise that function in relation to the fraud in question only with the agreement of the Commissioners.
(5)Before exercising its function under subsection (1)(b) in any way in relation to revenue fraud, SOCA must consult the Commissioners.
(6)The issue of whether SOCA's function under subsection (1)(a) continued to be exercisable in any circumstances within subsection (3) or (4) may not be raised in any criminal proceedings.
(7)In this section “revenue fraud” includes fraud relating to taxes, duties and national insurance contributions.
(8)In this Chapter “the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs.
Commencement Information
I1S. 2 in force at 1.4.2006 by S.I. 2006/378, art. 4(1), Sch. para. 2 (with art. 4(2)-(7))
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