The Act Schedule 1: The Serious Organised Crime Agency Section 14: Procedure for giving directions under section 12
96.This section sets out procedural safeguards in relation to the exercise by the Secretary of State of his powers to give directions as to action plans that are contained in section 12. The section places a duty on the Secretary of State to put the evidence that the whole or part of SOCA is failing to the Agency and afford it the opportunity to make representations. He will be under a duty to have regard to such representations. The Secretary of State is further required to afford SOCA the opportunity to put in place its own remedial measures before they are directed to do so. The intention is that where such remedial measures fully address the area of concern there would be no need for the Secretary of State to issue a formal direction.