Part 1The Serious Organised Crime Agency

Chapter 2SOCA: special powers of designated staff

Supplementary

I152Modification of enactments

1

The Secretary of State may by order provide for any enactment (or description of enactments) to apply in relation to—

a

designated persons, or

b

the exercise of powers by such persons under this Chapter,

with such modifications as he considers necessary or expedient.

2

An order under this section may include provision for or in connection with—

a

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

b

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

c

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

3

Subsection (2) does not affect the generality of subsection (1).

4

In this section any reference to designated persons includes a reference to any description of such persons.

5

Before exercising the power conferred by subsection (1) in relation to an enactment which (expressly or otherwise) confers any function on—

a

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

b

an officer of Revenue and Customs,

the Secretary of State must consult the Commissioners.

6

Before exercising the power conferred by subsection (1) in relation to an enactment which extends to Scotland, the Secretary of State must consult the Scottish Ministers.

7

The power conferred by subsection (1) is exercisable by the Scottish Ministers (rather than by the Secretary of State) where the provision to be made is within the legislative competence of the Scottish Parliament.