Serious Organised Crime and Police Act 2005

Serious Organised Crime and Police Act 2005

2005 CHAPTER 15

The Act

Commentary on Sections

Schedule 1: The Serious Organised Crime Agency

Section 12: Power to direct submission of action plan

94. This section provides a mechanism for the Secretary of State to intervene to require remedial measures to be taken to address poor performance by SOCA. Subsections (1) to (3) empower the Secretary of State to require SOCA to submit an action plan setting out the remedial measures that the Agency proposes to take to address those aspects of the Agency’s performance which has been judged by Her Majesty’s Inspectorate of Constabulary (HMIC) to be inefficient or ineffective (or will become so unless such measures are taken). SOCA will have between four and twelve weeks to submit an action plan (subsection (2)(b)). A direction to SOCA to produce an action plan may require the inclusion of performance targets and timescales for implementation. It may also require periodic progress reports to be sent to the Secretary of State (subsection (4)). Subsection (5) limits the Secretary of State’s power of direction by providing that he cannot require action in relation to particular cases or individuals.