Section 28: Liability of SOCA for acts of seconded staff etc.
113.This section establishes SOCA’s liability in respect of any unlawful conduct by persons seconded to the Agency or provided for its assistance under section 23, 24 or 25. The Act makes no provision in respect of employees of SOCA because the Agency, as the employer, will be vicariously liable for any unlawful acts committed by its employees in the course of their employment. Subsection (1) provides that SOCA will be liable for unlawful conduct committed by persons defined in subsection (3) in the carrying out (or purported carrying out) of their functions as members of SOCA’s staff.
114.Subsection (2) provides that SOCA will be a joint tortfeasor where such unlawful conduct is a tort.
115.Subsection (3) provides for section 28 to apply to any person or constable who has been seconded to SOCA or who has been provided by another body to assist SOCA (in accordance with section 23, 24 or 25).