Serious Organised Crime and Police Act 2005

the National Criminal Intelligence Service and its Service Authority, and

the National Crime Squad and its Service Authority.

preventing and detecting serious organised crime, and

contributing to the reduction of such crime in other ways and to the mitigation of its consequences.

with the agreement of the Director, or an authorised officer, of the Serious Fraud Office, or

if the Serious Fraud Office declines to act in relation to it.

the prevention, detection, investigation or prosecution of offences, or

the reduction of crime in other ways or the mitigation of its consequences.

police forces within subsection (3),

special police forces,

law enforcement agencies, or

such other persons as it considers appropriate in connection with any of the matters mentioned in subsection (1)(a) or (b).

police forces in the United Kingdom, and

the States of Jersey Police Force, the salaried police force of the Island of Guernsey and the Isle of Man Constabulary.

the Commissioners or any other government department,

the Scottish Administration,

any other person who is charged with the duty of investigating offences or charging offenders, or

any other person who is engaged outside the United Kingdom in the carrying on of activities similar to any carried on by SOCA or a police force.

the Ministry of Defence Police,

the British Transport Police Force,

the Civil Nuclear Constabulary, or

the Scottish Drug Enforcement Agency.

SOCA's current annual plan under section 6 together with any priorities determined by SOCA under that section that are specified in the plan,

any current strategic priorities determined by the Secretary of State under section 9, and

any current performance targets established by SOCA.

institute criminal proceedings in England and Wales or Northern Ireland;

at the request of the chief officer of a police force within section 3(3) or of a special police force, act in support of any activities of that force;

at the request of any law enforcement agency, act in support of any activities of that agency;

enter into other arrangements for co-operating with bodies or persons (in the United Kingdom or elsewhere) which it considers appropriate in connection with the exercise of any of SOCA's functions under section 2 or 3 or any activities within subsection (3).

could be made under section 13 of the Crime (International Co-operation) Act 2003 (c. 32) (requests by overseas authorities to obtain evidence), and

is not a request in relation to which SOCA has functions under that section by virtue of an order under section 27(2) of that Act.

any priorities which SOCA has determined for that year,

any current strategic priorities determined by the Secretary of State under section 9,

any current performance targets established by SOCA, and

the financial resources that are expected to be available to SOCA for that year.

to matters to which strategic priorities determined under section 9 also relate, or

to other matters,

the Secretary of State,

the Scottish Ministers,

the Commissioners,

each police authority for an area in Great Britain, each joint police board and the Northern Ireland Policing Board,

the chief officer of each police force in the United Kingdom, and

such other persons as SOCA considers appropriate.

consult the Scottish Ministers and agree with them what provision the plan is to make for Scotland by virtue of subsection (2); and

consult such other persons as it considers appropriate.

the Secretary of State,

the Scottish Ministers,

the Commissioners,

each police authority for an area in Great Britain, each joint police board and the Northern Ireland Policing Board,

the chief officer of each police force in the United Kingdom, and

such other persons as SOCA considers appropriate.

SOCA,

the Scottish Ministers, and

such other persons as he considers appropriate.

SOCA,

the Scottish Ministers, and

such other persons as he considers appropriate.

any code of practice issued under this section, and

any revisions of such a code.

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

may exclude from what he does lay before Parliament,

would be against the interests of national security, or

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

could jeopardise the safety of any person.

any code of practice issued under this section, or

any revisions of such a code.

connected with the exercise of SOCA's functions, or

otherwise connected with any of SOCA's activities,

exercised or carried out in Scotland, or

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

arrange, or

require SOCA to arrange,

would be against the interests of national security, or

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

could jeopardise the safety of any person.

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

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.

to submit an action plan to him, and

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).

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;

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;

provision for the making of progress reports to the Secretary of State about the plan's implementation;

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

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

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

in relation to a particular person so identified.

exercised or carried out in Scotland, or

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

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

the other provisions of this section have effect accordingly.

exercised or carried out in Scotland, or

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

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

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

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;

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

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

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

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

may relate to more than one exercise of the power.

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

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

generally, or

in respect of a particular matter.

if it is carried out wholly in Scotland, or

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

generally, or

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

would be against the interests of national security, or

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

might jeopardise the safety of any person.

to SOCA, and

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

prepare comments on the published report, and

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

to the Secretary of State, and

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

at such time, or

in instalments of such amounts and at such times,

setting out the determination, and

stating the considerations which he took into account in making it.

send SOCA a copy of each report under subsection (4), and

lay a copy of each such report before the House of Commons.

to provide him with such information as he may specify, and

to do so within such period as he may specify.

the provision by SOCA of any goods or services to any person, or

an agreement for the provision by SOCA of any such goods or services.

grants under section 17,

sums received under section 30(6), and

sums borrowed by SOCA under paragraph 21 of Schedule 1,

keep proper accounts and proper records in relation to the accounts; and

prepare a statement of accounts in respect of each financial year.

to the Secretary of State, and

to the Comptroller and Auditor General,

examine, certify and report on the statement of accounts, and

lay copies of the statement and of his report before each House of Parliament.

which particular operations are to be mounted in the exercise of any of those functions, and

how such operations are to be conducted.

the chief officer of a police force in the British Islands or of a special police force, or

a law enforcement agency operating in the British Islands,

such members of the staff of SOCA, or

such other assistance,

the chief officer of a police force in the United Kingdom or of a special police force, or

a law enforcement agency operating in the United Kingdom,

such constables or members of the staff of the agency, or

such other assistance,

a constable,

a member of the staff of the Scottish Drug Enforcement Agency, or

a member of the staff of a law enforcement agency,

a police force in the United Kingdom or a special police force, or

a law enforcement agency operating in the United Kingdom,

a police force in the United Kingdom or a special police force, or

a law enforcement agency operating in the United Kingdom,

a police force in Scotland,

the Scottish Drug Enforcement Agency, or

the Scottish Administration,

that a body within subsection (2) has a special need for assistance from SOCA or SOCA has a special need for assistance from a body within that subsection,

that it is expedient for such assistance to be provided by SOCA or (as the case may be) the body, and

that satisfactory arrangements cannot be made, or cannot be made in time, under section 23.

any police force in England and Wales or Northern Ireland,

any special police force other than the Scottish Drug Enforcement Agency, and

any law enforcement agency operating in the United Kingdom other than the Scottish Administration.

direct the chief officer of the police force to provide such constables or other assistance for the purpose of meeting the need in question as may be specified in the direction;

direct the chief officer of the special police force to provide such constables or other persons, or such other assistance, for the purpose of meeting the need in question as may be so specified;

direct the head of the law enforcement agency to provide such members of the staff of that agency or other assistance for the purpose of meeting the need in question as may be so specified;

direct the Director General of SOCA to provide such members of the staff of SOCA or other assistance for the purpose of meeting the need in question as may be so specified.

by SOCA to a police force, a special police force or a law enforcement agency, or

to SOCA by a police force, a special police force or a law enforcement agency,

that a body within subsection (2) has a special need for assistance from SOCA or SOCA has a special need for assistance from a body within that subsection,

that it is expedient for such assistance to be provided by SOCA or (as the case may be) the body, and

that satisfactory arrangements cannot be made, or cannot be made in time, under section 23.

any police force in Scotland, and

the Scottish Drug Enforcement Agency.

direct the chief officer of the police force to provide such constables or other assistance for the purpose of meeting the need in question as may be specified in the direction;

direct the Director of the Scottish Drug Enforcement Agency to provide such constables or other persons, or other assistance, for the purpose of meeting the need in question as may be so specified;

with the agreement of the Secretary of State, direct the Director General of SOCA to provide such members of the staff of SOCA or other assistance for the purpose of meeting the need in question as may be so specified.

by SOCA to a police force in Scotland or to the Scottish Drug Enforcement Agency, or

to SOCA by a police force in Scotland or by the Scottish Drug Enforcement Agency,

SOCA, and

the relevant police authority,

that it is expedient for arrangements within subsection (1) to be made between SOCA and the relevant police authority, and

that satisfactory arrangements cannot be made, or cannot be made in time, under that subsection,

notify that body that he is proposing to give the directions, and

consider any representations made to him by that body.

as may be agreed between them, or

in the absence of agreement, as may be determined by the Secretary of State.

in relation to a police force in England and Wales, the police authority maintaining that force, and

in relation to the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve, the Northern Ireland Policing Board.

provision requiring equipment used by SOCA to comply with such conditions as may be specified in the regulations, or as may be approved by the Secretary of State in accordance with the regulations;

provision prohibiting SOCA from using equipment specified in the regulations, or any equipment of a description so specified.

SOCA, and

such other persons as he considers appropriate.

vehicles, and

headgear and protective and other clothing.

any constable or other person who has been seconded to SOCA to serve as a member of its staff, and

any constable or other person who has been provided for the assistance of SOCA under section 23, 24 or 25.

any damages or costs awarded against a person to whom this section applies in proceedings for any unlawful conduct of that person;

any costs (or, in Scotland, expenses) incurred and not recovered by such a person in such proceedings, and

any sum required in connection with the settlement of a claim that has, or might have, given rise to such proceedings.

any person who is employed by SOCA,

any constable or other person who has been seconded to SOCA to serve as a member of its staff, and

any constable or other person who has been provided for the assistance of SOCA under section 23, 24 or 25.

section 28 has effect in relation to any member of that team who is not a member of SOCA's staff as if any unlawful conduct in the carrying out, or purported carrying out, of his functions as a member of the team were unlawful conduct of a person to whom that section applies; and

section 29(1) has effect as if it applied to every member of the team to whom it would not apply apart from this subsection.

section 28 has effect as if any unlawful conduct of the relevant person in the course of carrying out the surveillance were unlawful conduct of a person to whom that section applies; and

section 29(1) has effect as if it applied to the relevant person.

any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union;

the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union and the Protocol to that Convention established in accordance with that Article of the Treaty; or

any international agreement to which the United Kingdom is a party and which is specified in an order made by the Secretary of State.

a sum is paid by SOCA by virtue of this section, and

the Secretary of State receives under any international agreement a sum by way of reimbursement (in whole or in part) of the sum paid by SOCA,

any damages or costs awarded against a person to whom this section applies in proceedings for any unlawful conduct of that person,

any costs (or, in Scotland, expenses) incurred and not recovered by such a person in such proceedings, and

any sum required in connection with the settlement of a claim that has, or might have, given rise to such proceedings.

a special police force, or

a law enforcement agency operating in the United Kingdom.

the prevention, detection, investigation or prosecution of criminal offences, whether in the United Kingdom or elsewhere;

the prevention, detection or investigation of conduct for which penalties other than criminal penalties are provided under the law of any part of the United Kingdom or of any country or territory outside the United Kingdom;

the exercise of any function conferred on SOCA by section 2, 3 or 5 (so far as not falling within paragraph (a) or (b));

the exercise of any functions of any intelligence service within the meaning of the Regulation of Investigatory Powers Act 2000 (c. 23);

the exercise of any functions under Part 2 of the Football Spectators Act 1989 (c. 37);

the exercise of any function which appears to the Secretary of State to be a function of a public nature and which he designates by order.

any obligation of confidence owed by the person making the disclosure, or

any other restriction on the disclosure of information (however imposed).

a disclosure, in contravention of any provisions of the Data Protection Act 1998 (c. 29), of personal data which are not exempt from those provisions,

a disclosure which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000, or

a disclosure in contravention of section 35(2).

any obligation of confidence owed by the person making the disclosure, or

any other restriction on the disclosure of information (however imposed).

a disclosure, in contravention of any provisions of the Data Protection Act 1998, of personal data which are not exempt from those provisions, or

a disclosure which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.

for a purpose connected with any function of that person or body for the purposes of which the information was disclosed by SOCA, or otherwise for any permitted purposes, and

with the consent of SOCA.

for any permitted purposes, and

with the consent of the Commissioners or an authorised officer of Revenue and Customs.

in relation to a particular disclosure, or

in relation to disclosures made in circumstances specified or described in the consent.

any constable,

any officer of Revenue and Customs, and

any member of Her Majesty's armed forces or Her Majesty's coastguard.

may institute and conduct criminal proceedings in England and Wales that arise out of a criminal investigation by SOCA relating to a designated offence, and

must take over the conduct of criminal proceedings instituted by SOCA in England and Wales in respect of a designated offence.

a criminal investigation by SOCA relating to a designated offence, or

criminal proceedings instituted in England and Wales that arise out of such an investigation.

may institute and conduct criminal proceedings in England and Wales that arise out of a criminal investigation by SOCA relating to a non-designated offence, and

must take over the conduct of criminal proceedings instituted by SOCA in England and Wales in respect of such an offence.

a criminal investigation by SOCA relating to a non-designated offence, or

criminal proceedings instituted in England and Wales that arise out of such an investigation.

section 37(1) (prosecutors), and

section 38(1) (conduct of prosecutions by appointed persons),

an offence is a “designated offence” if criminal proceedings instituted by SOCA in respect of the offence fall (or, as the case may be, would fall) to be referred to the Director of Revenue and Customs Prosecutions by virtue of directions under section 39(1);

“non-designated offence” means an offence which is not a designated offence;

a reference to the institution of criminal proceedings is to be construed in accordance with section 15(2) of the Prosecution of Offences Act 1985 (c. 23); and

a reference to the institution of proceedings by SOCA includes a reference to their institution by the Director General of SOCA or a person authorised by him.

for enabling SOCA to determine whether cases arising out of criminal investigations by SOCA are to be referred to the Director of Revenue and Customs Prosecutions, or to the Director of Public Prosecutions, in order for him to consider whether to institute proceedings in accordance with section 38(1)(a) or (3)(a);

for enabling SOCA to determine whether criminal proceedings instituted by SOCA are to be referred to the Director of Revenue and Customs Prosecutions, or to the Director of Public Prosecutions, in order for him to take over their conduct in accordance with section 38(1)(b) or (3)(b);

specifying, in relation to any cases or proceedings that are to be so referred to the Director of Revenue and Customs Prosecutions or the Director of Public Prosecutions, the steps to be taken by SOCA in connection with referring them to him.

whether the cases or proceedings relate to an offence falling within a category of offences specified in the directions; or

whether any criteria so specified are satisfied with respect to the cases or proceedings; or

such other matters as the Directors think fit.

any directions given under this section, and

any revisions made to such directions;

any directions given under this section, and

any revisions made to such directions,

a report under section 9 of the Prosecution of Offences Act 1985 (c. 23) (report to Attorney General by Director of Public Prosecutions), and

a report under paragraph 6 of Schedule 3 to the Commissioners for Revenue and Customs Act 2005 (c. 11) (report to Attorney General by Director of Revenue and Customs Prosecutions).

the reference, nor

anything subsequently done in connection with the matter,

“the Scottish Drug Enforcement Agency” means the organisation known by that name and established under section 36(1)(a)(ii) of the Police (Scotland) Act 1967; and

“the Director” of that Agency means the person engaged on central service (as defined by section 38(5) of that Act) and for the time being appointed by the Scottish Ministers to exercise control in relation to the activities carried out in the exercise of the Agency's functions.

a person having the powers of a constable;

a person having the customs powers of an officer of Revenue and Customs;

a person having the powers of an immigration officer.

may be made subject to any limitations specified in the designation (whether as to the powers exercisable by virtue of it, the purposes for which they are exercisable or otherwise); and

has effect either for a period so specified or without limit of time.

he already has (for any reason) any powers falling within any of those paragraphs, or

he had any such powers before becoming a member of SOCA's staff.

is capable of effectively exercising the powers that would be exercisable by virtue of the designation,

has received adequate training in respect of the exercise of those powers, and

is otherwise a suitable person to exercise those powers.

before becoming such an employee, held an office by virtue of which he had any powers falling within subsection (1)(a), (b) or (c), and

has not resigned that office,

throughout England and Wales and the adjacent United Kingdom waters, and

in accordance with section 47, in Scotland or Northern Ireland and the adjacent United Kingdom waters.

the Scottish Ministers, and

SOCA,

the Director of the Scottish Drug Enforcement Agency or a person nominated by him for the purposes of this subsection, and

SOCA,

a person for the time being appointed as Deputy Director of that Agency, or

an appropriate officer of a police force for an area in Scotland.

the Secretary of State, and

SOCA,

an agreement under subsection (5) (“the general authorisation”) is in force, and

an appropriate officer of the Police Service of Northern Ireland and SOCA so agree in conformity with the general authorisation,

in relation to a customs matter, and

in relation to any other matter,

a matter to which section 7 of the Commissioners for Revenue and Customs Act 2005 (c. 11) applies (former Inland Revenue matters), or

any tax or duty not mentioned in Schedule 1 to that Act (which lists such matters).

exercises any power in relation to another person in reliance on his designation under section 43, or

purports to do so,

if he is employed by SOCA, conduct in the course of his employment, or

if he is a person to whom section 28 applies by virtue of subsection (3)(a) of that section, conduct falling within subsection (1) of that section.

a designated person acting in the exercise of a relevant power, or

a person who is assisting a designated person in the exercise of such a power.

a designated person acting in the exercise of a relevant power, or

a person who is assisting a designated person in the exercise of such a power.

he impersonates a designated person,

he makes any statement or does any act calculated falsely to suggest that he is a designated person, or

he makes any statement or does any act calculated falsely to suggest that he has powers as a designated person that exceed the powers he actually has.

to imprisonment for a term not exceeding 51 weeks, or

to a fine not exceeding level 5 on the standard scale,

to imprisonment for a term not exceeding 51 weeks, or

to a fine not exceeding level 3 on the standard scale,

in subsection (4)(a) the reference is to be read as a reference to 6 months, and

in subsection (5)(a) the reference is to be read as a reference to 1 month.

designated persons, or

the exercise of powers by such persons under this Chapter,

extending to such persons any exemption or protection afforded by an enactment to any other description of persons;

providing for the disclosure of information to, or the doing of other things in relation to, such persons under any enactment;

conferring on the Director General of SOCA functions exercisable in relation to such persons.

the Commissioners for Her Majesty's Revenue and Customs, or

an officer of Revenue and Customs,

section 280 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (person in police service excluded from definitions of “worker” and “employee”);

section 200 of the Employment Rights Act 1996 (c. 18) (certain provisions of the Act not to apply to persons in police service);

Article 145 of the Trade Union and Labour Relations (Northern Ireland) Order 1995 (S.I. 1995/1980 (N.I. 12)); and

Article 243 of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)).

Part 2 of the Sex Discrimination Act 1975 (c. 65);

Part 2 of the Race Relations Act 1976 (c. 74);

Part II of the Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15));

Part 2 of the Disability Discrimination Act 1995 (c. 50);

Part II of the Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6)); and

the Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21)), except Part VII.

any constable or other person who has been seconded to SOCA to serve as a member of its staff shall be treated as being employed by SOCA (and as not being employed by any other person); and

anything done by such a person in the performance, or purported performance, of his functions as such a person shall be treated as done in the course of that employment.

section 41 of the Sex Discrimination Act 1975;

section 32 of the Race Relations Act 1976;

Article 42 of the Sex Discrimination (Northern Ireland) Order 1976;

section 58 of the Disability Discrimination Act 1995;

Article 32 of the Race Relations (Northern Ireland) Order 1997; and

Article 36 of the Fair Employment and Treatment (Northern Ireland) Order 1998.

to imprisonment for a term not exceeding 51 weeks, or

to a fine not exceeding level 5 on the standard scale,

to imprisonment for a term not exceeding 51 weeks, or

to a fine not exceeding level 3 on the standard scale,

any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union,

the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union and the Protocol to that Convention established in accordance with that Article of the Treaty, or

any international agreement to which the United Kingdom is a party and which is specified in an order made by the Secretary of State.

in subsection (4)(a) the reference is to be read as a reference to 6 months, and

in subsection (5)(a) the reference is to be read as a reference to 1 month.

the Director of Public Prosecutions,

the Director of Revenue and Customs Prosecutions, and

the Lord Advocate,

the Director of Public Prosecutions,

the Director of Revenue and Customs Prosecutions, or

the Lord Advocate.

any offence listed in Schedule 2 to the Proceeds of Crime Act 2002 (c. 29) (lifestyle offences: England and Wales);

any offence listed in Schedule 4 to that Act (lifestyle offences: Scotland);

any offence under sections 15 to 18 of the Terrorism Act 2000 (c. 11) (offences relating to fund-raising, money laundering etc.);

any offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty) or section 72 of the Value Added Tax Act 1994 (c. 23) (offences relating to VAT) which is a qualifying offence;

any offence under section 17 of the Theft Act 1968 (c. 60) (false accounting), or any offence at common law of cheating in relation to the public revenue, which is a qualifying offence;

any offence under section 1 of the Criminal Attempts Act 1981 (c. 47), or in Scotland at common law, of attempting to commit any offence in paragraph (c) or any offence in paragraph (d) or (e) which is a qualifying offence;

any offence under section 1 of the Criminal Law Act 1977 (c. 45), or in Scotland at common law, of conspiracy to commit any offence in paragraph (c) or any offence in paragraph (d) or (e) which is a qualifying offence.

in the case of an offence in paragraph (d) or an offence of cheating the public revenue, the offence involved or would have involved a loss, or potential loss, to the public revenue of an amount not less than £5,000;

in the case of an offence under section 17 of the Theft Act 1968 (c. 60), the offence involved or would have involved a loss or gain, or potential loss or gain, of an amount not less than £5,000.

amend subsection (1), in its application to England and Wales, so as to remove an offence from it or add an offence to it;

amend subsection (1), in its application to Scotland, so as to remove an offence from it or add an offence to it;

that there are reasonable grounds for suspecting that an offence to which this Chapter applies has been committed,

that any person has information (whether or not contained in a document) which relates to a matter relevant to the investigation of that offence, and

that there are reasonable grounds for believing that information which may be provided by that person in compliance with a disclosure notice is likely to be of substantial value (whether or not by itself) to that investigation,

a constable,

a member of the staff of SOCA who is for the time being designated under section 43, or

an officer of Revenue and Customs.

answer questions with respect to any matter relevant to the investigation;

provide information with respect to any such matter as is specified in the notice;

produce such documents, or documents of such descriptions, relevant to the investigation as are specified in the notice.

the time at or by which,

the place at which, or

the manner in which,

take copies of or extracts from any documents produced in compliance with the notice, and

require the person producing them to provide an explanation of any of them.

that any such documents may have to be produced for the purposes of any legal proceedings, and

that they might otherwise be unavailable for those purposes,

is the person by whom the notice was given, or

is authorised by the Investigating Authority for the purposes of this section.

to answer any privileged question,

to provide any privileged information, or

to produce any privileged document,

subsections (1) to (5) do not have effect, but

a person may not be required under section 62 or 63 to answer any question, provide any information or produce any document which he would be entitled, on grounds of legal privilege, to refuse to answer or (as the case may be) provide or produce.

the person to whom the obligation of confidence is owed consents to the disclosure or production, or

the requirement is made by, or in accordance with a specific authorisation given by, the Investigating Authority.

for an offence under section 67 of this Act, or

for an offence under section 5 of the Perjury Act 1911 (c. 6) (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath), or

for an offence under section 2 of the False Oaths (Scotland) Act 1933 (c. 20) (false statutory declarations and other false statements without oath) or at common law for an offence of attempting to pervert the course, or defeat the ends, of justice.

the person, when giving evidence in the proceedings, makes a statement inconsistent with the relevant statement, and

in the proceedings evidence relating to the relevant statement is adduced, or a question about it is asked, by or on behalf of the person.

that any of the conditions mentioned in subsection (2) is met in relation to any documents of a description specified in the information, and

that the documents are on premises so specified.

that a person has been required by a disclosure notice to produce the documents but has not done so;

that it is not practicable to give a disclosure notice requiring their production;

that giving such a notice might seriously prejudice the investigation of an offence to which this Chapter applies.

to enter and search the premises, using such force as is reasonably necessary;

to take possession of any documents appearing to be documents of a description specified in the information, or to take any other steps which appear to be necessary for preserving, or preventing interference with, any such documents;

in the case of any such documents consisting of information recorded otherwise than in legible form, to take possession of any computer disk or other electronic storage device which appears to contain the information in question, or to take any other steps which appear to be necessary for preserving, or preventing interference with, that information;

to take copies of or extracts from any documents or information falling within paragraph (b) or (c);

to require any person on the premises to provide an explanation of any such documents or information or to state where any such documents or information may be found;

to require any such person to give the appropriate person such assistance as he may reasonably require for the taking of copies or extracts as mentioned in paragraph (d).

the document may be retained for so long as the Investigating Authority considers that it is necessary to retain it (rather than a copy of it) in connection with the investigation for the purposes of which the warrant was sought, or

the device may be retained for so long as he considers that it is necessary to retain it in connection with that investigation,

that any such document or device may have to be produced for the purposes of any legal proceedings, and

that it might otherwise be unavailable for those purposes,

subsection (1) has effect as if, for the words from the beginning to “satisfied—”, there were substituted “ A sheriff may issue a warrant under this section, on the application of a procurator fiscal, if he is satisfied— ”;

subsections (1)(a) and (3)(b) have effect as if, for “in the information”, there were substituted “ in the application ”; and

subsections (4) to (6) do not have effect.

he makes a statement which is false or misleading, and

he either knows that it is false or misleading or is reckless as to whether it is false or misleading.

“False or misleading” means false or misleading in a material particular.

to imprisonment for a term not exceeding 51 weeks, or

to a fine not exceeding level 5 on the standard scale,

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;

on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both.

delivering it to him,

leaving it at his proper address,

sending it by post to him at that address.

in the case of a body corporate, to the secretary or clerk of that body;

in the case of a partnership, to a partner or a person having the control or management of the partnership business;

in the case of an unincorporated association (other than a partnership), to an officer of the association.

in the case of a body corporate or its secretary or clerk, it is the address of the registered office of that body or its principal office in the United Kingdom,

in the case of a partnership, a partner or a person having the control or management of the partnership business, it is that of the principal office of the partnership in the United Kingdom, and

in the case of an unincorporated association (other than a partnership) or an officer of the association, it is that of the principal office of the association in the United Kingdom.