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Crime and Courts Act 2013

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SCHEDULES

Section 1

SCHEDULE 1E+W+S+N.I.The NCA & NCA officers

Part 1E+W+S+N.I.The NCA

Functions exercisable on behalf of CrownE+W+S+N.I.

1NCA functions are exercisable on behalf of the Crown.E+W+S+N.I.

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Commencement Information

I1Sch. 1 para. 1 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Efficiency and effectivenessE+W+S+N.I.

2It is the duty of the Director General to secure that NCA functions are discharged efficiently and effectively.E+W+S+N.I.

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Commencement Information

I2Sch. 1 para. 2 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Financial yearE+W+S+N.I.

3(1)The first financial year of the NCA is the period that—E+W+S+N.I.

(a)begins with the day on which section 1 comes into force, and

(b)ends with the following 31 March.

(2)After that, the financial year of the NCA is the period of 12 months ending with 31 March.

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Commencement Information

I3Sch. 1 para. 3 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

ChargingE+W+S+N.I.

4(1)The NCA may charge a person for any service provided at the person's request.E+W+S+N.I.

(2)This paragraph has effect subject to Part 5 of Schedule 3 (payment for tasks, assistance or facilities).

(3)In this paragraph “service” means a service of any kind (including the provision of facilities) which is provided by means of the exercise of any NCA function.

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Commencement Information

I4Sch. 1 para. 4 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Activities not limited to dealing with serious or organised crimeE+W+S+N.I.

5(1)For the purposes of the discharge of NCA functions which relate to organised crime or serious crime, an NCA officer may, in particular, carry on activities in relation to any kind of crime (whether or not serious or organised).E+W+S+N.I.

(2)In circumstances in which an NCA officer reasonably suspects that an offence is about to be, or is being, committed, that officer is not prevented from exercising powers merely because the offence does not relate to organised crime or serious crime.

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Commencement Information

I5Sch. 1 para. 5 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Activities in ScotlandE+W+S+N.I.

6(1)An NCA officer may only carry out activities in Scotland in relation to an offence which an NCA officer suspects has been committed (or is being committed) if the NCA officer does so with the agreement of the Lord Advocate.E+W+S+N.I.

(2)In carrying out such activities in Scotland, an NCA officer must comply with any direction (whether general or specific) given by the Lord Advocate or the procurator fiscal.

(3)If an NCA officer suspects that an offence has been committed (or is being committed) in Scotland, the NCA officer must report the matter to the procurator fiscal (or ensure that the matter is so reported by another NCA officer) as soon as is practicable.

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Commencement Information

I6Sch. 1 para. 6 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

[F1Investigatory activity in Northern IrelandE+W+S+N.I.

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Amendments (Textual)

6A.(1) An NCA officer may only carry out relevant investigatory activity in Northern Ireland if one or both of the following conditions is met— E+W+S+N.I.

(a) the NCA officer carries out the relevant investigatory activity with the agreement of the Chief Constable of the Police Service of Northern Ireland;

(b) the NCA officer carries out the relevant investigatory activity in relation to the conduct of a police officer.

(2)The Chief Constable may arrange for a member of the Police Service of Northern Ireland at the rank of Superintendent or above to give agreement for the purposes of sub-paragraph (1)(a) (whether in all cases or in cases specified in the arrangements).

(3)In this paragraph “relevant investigatory activity” means any activity which is authorised by an authorisation granted under any of the following provisions—

(a)in the Regulation of Investigatory Powers Act 2000—

(i)section 28 (directed surveillance);

(ii)section 29 (conduct or use of a covert human intelligence source);

(iii)section 32 (intrusive surveillance);

(b)section 93 of the Police Act 1997 (authorisation in respect of property).]

Part 2E+W+S+N.I.NCA officers

Selection and appointment of the Director GeneralE+W+S+N.I.

7(1)The Secretary of State is to select and appoint the Director General, after consultation with—E+W+S+N.I.

(a)the Scottish Ministers, and

(b)the Department of Justice in Northern Ireland.

(2)A person may not be appointed as Director General unless the Secretary of State is satisfied that the person—

(a)is capable of effectively exercising operational powers; and

(b)is a suitable person to exercise operational powers.

(3)A person need not be an NCA officer before appointment as the Director General.

(4)The Director General is to hold and vacate office in accordance with the terms and conditions of the appointment (subject to paragraph 8).

(5)The terms and conditions of an appointment as Director General are to be determined by the Secretary of State.

(6)The terms and conditions of an appointment as Director General must provide for that appointment to last for a period which does not exceed 5 years; and a person who has previously been, or currently is, Director General may be appointed again as Director General.

(7)Sections 10 to 14 of the Constitutional Reform and Governance Act 2010 (appointments of civil servants) do not apply to the appointment of the Director General.

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Extent Information

E1Sch. 1 para. 7(1)(b): "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I7Sch. 1 para. 7 in force at 27.5.2013 by S.I. 2013/1042, art. 3(i)

Resignation or retirement of the Director General at request of Secretary of StateE+W+S+N.I.

8(1)The Secretary of State may call upon the Director General to resign or retire—E+W+S+N.I.

(a)in the interests of efficiency or effectiveness, or

(b)because of misconduct by the Director General.

(2)The Secretary of State must comply with sub-paragraphs (3) and (4) before calling upon the Director General to resign or retire.

(3)The Secretary of State must consult—

(a)the Scottish Ministers, and

(b)the Department of Justice in Northern Ireland.

(4)The Secretary of State must—

(a)give the Director General a written explanation of the reasons why the Secretary of State is proposing to call for the resignation or retirement;

(b)give the Director General the opportunity to make written representations about the proposal to call for the resignation or retirement; and

(c)consider any written representations made by the Director General.

(5)The Director General must resign or retire if called upon to do so in accordance with this paragraph.

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Extent Information

E3Sch. 1 para. 8(3)(b): "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I8Sch. 1 para. 8 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Selection of other NCA officers for appointmentE+W+S+N.I.

9(1)The Director General is to select other persons for appointment as National Crime Agency officers.E+W+S+N.I.

(2)The terms and conditions of an appointment as an NCA officer (other than as Director General) are to be determined by the Director General with the agreement of the Minister for the Civil Service.

(3)This paragraph does not apply to NCA specials.

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Commencement Information

I9Sch. 1 para. 9 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Delegation of Director General's functionsE+W+S+N.I.

10(1)The Director General may arrange for any function of the Director General to be exercised by a senior NCA officer who is designated for the purpose by the Director General.E+W+S+N.I.

(2)A designation under this paragraph may provide for a function to be exercised by—

(a)one or more senior NCA officers specified in the designation, or

(b)one or more senior NCA officers of a description specified in the designation.

(3)The Director General's powers of direction under section 5(5) and paragraph 11 of Schedule 3 may not be delegated under this paragraph.

(4)But those powers of direction may, in the absence of the Director General for any reason, be exercised by a senior NCA officer nominated for this purpose by the Director General.

(5)In this paragraph “senior NCA officer” means an NCA officer who is at, or above, a grade specified for this purpose by the Secretary of State in the framework document.

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Modifications etc. (not altering text)

C1Sch. 1 para. 10 excluded by 2000 c. 23, s. 55(3A) (as substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 93(3); S.I. 2013/1682, art. 3(v))

Commencement Information

I10Sch. 1 para. 10 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

ContinuityE+W+S+N.I.

11(1)Anything done by or in relation to the Director General may be continued by or in relation to the Director General regardless of which individual holds that office at any time.E+W+S+N.I.

(2)Anything done by or in relation to one NCA officer (except the Director General) may be continued by or in relation to any other such NCA officer.

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Commencement Information

I11Sch. 1 para. 11 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Persons with operational powers who become NCA officersE+W+S+N.I.

12(1)If a person holds a relevant office when the person becomes an NCA officer (the “ existing office ”), the person's holding of the existing office—E+W+S+N.I.

(a)is suspended from the time when the person becomes an NCA officer;

(b)but is revived if the person—

(i)ceases to be an NCA officer, and

(ii)returns to service as holder of the existing office.

(2)Sub-paragraph (1) ceases to apply to a person who resigns from, or otherwise ceases to hold, the other office.

(3)In this paragraph “relevant office”, in relation to a person who is an NCA officer, means any other office by virtue of which that person has operational powers (such as the office of constable, officer of Revenue and Customs, or immigration officer), apart from the office of special constable or constable in the Police Service of Northern Ireland Reserve.

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Commencement Information

I12Sch. 1 para. 12 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Secondments to NCAE+W+S+N.I.

13(1)The Director General may make arrangements for persons to be seconded to the NCA to serve as National Crime Agency officers.E+W+S+N.I.

(2)A member of a police force on temporary service with the NCA is to be under the direction and control of the Director General.

(3)Paragraph 12(1) does not apply to a member of a special police force who is an NCA officer by virtue of a secondment.

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Commencement Information

I13Sch. 1 para. 13 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Secondments by NCAE+W+S+N.I.

14(1)The Director General may make arrangements for NCA officers to be seconded to a UK police force.E+W+S+N.I.

(2)An NCA officer who is seconded to a UK police force is, whilst on secondment, under the direction and control of the chief officer of the police force (but is not a member of the police force).

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Commencement Information

I14Sch. 1 para. 14 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

NCA specialsE+W+S+N.I.

15(1)The Director General may select and appoint persons as National Crime Agency officers on a part-time unpaid basis (and such persons are referred to in this Part of this Act as “NCA specials”).E+W+S+N.I.

(2)The terms and conditions of an appointment as an NCA special are to be determined by the Director General.

(3)Sub-paragraph (1) does not prevent NCA specials from working otherwise than on a part-time basis if the Director General considers that it is appropriate for them to do so because of exceptional circumstances.

(4)Sub-paragraph (1) does not prevent provision being made for—

(a)the reimbursement of the expenses of NCA specials,

(b)the subsistence, accommodation or training of NCA specials, and

(c)the payment of sums to, or in respect of, current or former NCA specials to compensate for loss attributable to injury or death resulting from the performance of duties as NCA specials.

(5)The Director General—

(a)may designate an NCA special under section 10 as a person having the powers and privileges of a constable; but

(b)may not so designate an NCA special as a person having the powers of an officer of Revenue and Customs or the powers of an immigration officer.

(6)If an NCA special is designated as a person having the powers and privileges of a constable, paragraph 11(1)(b) to (d) of Schedule 5 (powers and privileges in Scotland, Northern Ireland and outside the UK) do not apply in relation to the NCA special.

(7)The Director General may not—

(a)under paragraph 10, arrange for any function to be exercised by an NCA special or nominate an NCA special to exercise a power of direction;

(b)provide an NCA special by way of assistance under Part 3 of Schedule 3 (whether in response to a request or a direction).

(8)The Secretary of State may not appoint an NCA special to be a member of an advisory panel under paragraph 4 of Schedule 5 to make recommendations about the operational powers of the Director General.

(9)The no-strike provisions in section 13 do not apply in relation to NCA specials.

(10)No determination under regulations under section 14 may be made in relation to the pay and allowances and other terms and conditions of employment of NCA specials.

(11)If a person is both—

(a)an NCA special designated as a person having the powers and privileges of a constable, and

(b)a special constable or a member of the Police Service of Northern Ireland Reserve,

none of the operational powers which the person has as an NCA special are exercisable at any time when the person is exercising any power or privilege which the person has as a special constable or as a member of the Police Service of Northern Ireland Reserve.

(12)A person is not a civil servant by virtue of being an NCA special.

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Commencement Information

I15Sch. 1 para. 15 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Section 4

SCHEDULE 2E+W+S+N.I.The framework document & annual report

Part 1 E+W+S+N.I.The framework document

The documentE+W+S+N.I.

1(1)The framework document is a document which deals with ways in which the NCA is to operate, including—E+W+S+N.I.

(a)ways in which NCA functions are to be exercised (including arrangements for publishing information about the exercise of NCA functions and other matters relating to the NCA), and

(b)ways in which the NCA is to be administered (including governance and finances of the NCA).

(2)Section 6(2) makes further provision about what may be included in the framework document.

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Commencement Information

I16Sch. 2 para. 1 in force at 27.5.2013 by S.I. 2013/1042, art. 3(j)

Duty to issue documentE+W+S+N.I.

2The Secretary of State must—E+W+S+N.I.

(a)issue the framework document;

(b)keep the framework document under review; and

(c)if the Secretary of State considers it appropriate, issue a new framework document (which may be wholly or partly different from the existing framework document).

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Commencement Information

I17Sch. 2 para. 2 in force at 7.10.2013 by S.I. 2013/1682, art. 3(e)

Duty to have regard to documentE+W+S+N.I.

3The Secretary of State must have regard to the framework document in exercising functions in relation to the NCA, the Director General or any other NCA officer.E+W+S+N.I.

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Commencement Information

I18Sch. 2 para. 3 in force at 7.10.2013 by S.I. 2013/1682, art. 3(e)

Role of Director GeneralE+W+S+N.I.

4(1)The Secretary of State must—E+W+S+N.I.

(a)consult the Director General in preparing any framework document; and

(b)obtain the consent of the Director General before issuing any framework document.

(2)The Director General's duty to have regard to the annual plan in exercising functions does not apply in relation to functions under sub-paragraph (1).

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Commencement Information

I19Sch. 2 para. 4 in force at 27.5.2013 by S.I. 2013/1042, art. 3(j)

Consultation with devolved administrationsE+W+S+N.I.

5The Secretary of State must consult—E+W+S+N.I.

(a)the Scottish Ministers, and

(b)the Department of Justice in Northern Ireland,

before issuing the first framework document or any other framework document which is, in the Secretary of State's view, significantly different from the framework document it replaces.

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Extent Information

E5Sch. 2 para. 5(b): "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I20Sch. 2 para. 5 in force at 27.5.2013 by S.I. 2013/1042, art. 3(j)

Publication & distributionE+W+S+N.I.

6(1)This paragraph applies on each occasion when the Secretary of State issues a framework document.E+W+S+N.I.

(2)The Secretary of State must—

(a)arrange for the framework document to be published in the manner which the Secretary of State considers appropriate,

(b)send a copy of the framework document to—

(i)the Scottish Ministers, and

(ii)the Department of Justice in Northern Ireland, and

(c)lay the framework document before Parliament.

(3)The Scottish Ministers must lay a copy of the framework document before the Scottish Parliament.

(4)The Department of Justice in Northern Ireland must lay a copy of the framework document before the Northern Ireland Assembly.

(5)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4) as it applies in relation to the laying of a statutory document under an enactment.

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Extent Information

E7Sch 2 para. 6(2)(b)(ii)(4)(5): "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I21Sch. 2 para. 6 in force at 7.10.2013 by S.I. 2013/1682, art. 3(e)

Part 2 E+W+S+N.I.The annual report

Duty to issue reportE+W+S+N.I.

7(1)As soon as possible after the end of each financial year, the Director General must issue a report on the exercise of the NCA functions during that year (the “annual report”).E+W+S+N.I.

(2)The annual report relating to a financial year must include an assessment of the extent to which the annual plan for that year has been carried out.

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Commencement Information

I22Sch. 2 para. 7 in force at 7.10.2013 by S.I. 2013/1682, art. 3(e)

Publication & distributionE+W+S+N.I.

8(1)The Director General must—E+W+S+N.I.

(a)arrange for the annual report to be published in the manner which the Director General considers appropriate, and

(b)send a copy of the annual report to—

(i)the strategic partners, and

(ii)the Secretary of State.

(2)The Secretary of State must lay a copy of the annual report before Parliament.

(3)The Scottish Ministers must lay a copy of the annual report before the Scottish Parliament.

(4)The Department of Justice in Northern Ireland must lay a copy of the annual report before the Northern Ireland Assembly.

(5)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4) as it applies in relation to the laying of a statutory document under an enactment.

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Extent Information

E9Sch. 2 para. 8(4)(5): "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I23Sch. 2 para. 8 in force at 7.10.2013 by S.I. 2013/1682, art. 3(e)

Section 5

SCHEDULE 3E+W+S+N.I.Relationships between NCA and other agencies

Part 1 E+W+S+N.I.Co-operation

Duty to co-operateE+W+S+N.I.

1(1)It is the duty of NCA officers to co-operate with the persons listed in sub-paragraph (3) for the purpose of assisting those persons in their activities to combat crime.E+W+S+N.I.

(2)It is the duty of—

(a)the persons listed in sub-paragraph (3),

(b)members of Her Majesty's armed forces, and

(c)members of Her Majesty's coastguard,

to co-operate with NCA officers for the purpose of assisting NCA officers in the discharge of any NCA function.

(3)The persons mentioned in sub-paragraphs (1) and (2)(a) are—

(a)constables in UK police forces;

(b)officers of Revenue and Customs;

(c)immigration officers;

(d)designated customs officials (within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009);

(e)members of the Serious Fraud Office;

(f)any other persons operating in England, Scotland, Northern Ireland or Wales charged with the duty of investigating organised crime or serious crime.

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Extent Information

E11Sch. 3 para. 1(2): "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I24Sch. 3 para. 1 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Co-operation arrangementsE+W+S+N.I.

2For the purposes of the discharge of any function of the NCA, the NCA may enter into arrangements for co-operating with other persons (in the United Kingdom or elsewhere).E+W+S+N.I.

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Commencement Information

I25Sch. 3 para. 2 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Part 2 E+W+S+N.I.Exchange of information

Duty to keep NCA informed & disclose information: police forcesE+W+S+N.I.

3(1)The chief officers of each UK police force must keep the Director General informed of any information held by that police force which appears to the chief officer to be relevant to the exercise by the NCA of—E+W+S+N.I.

(a)the crime-reduction function,

(b)the criminal intelligence function, or

(c)functions conferred by the Proceeds of Crime Act 2002.

(2)Where the chief officer of such a police force informs the Director General of such information, the chief officer must disclose to the NCA any of that information which the Director General requests the chief officer to disclose.

(3)This paragraph does not require the chief officer of a police force to keep the Director General informed of information which appears to the chief officer to be information obtained (whether directly or indirectly) from the NCA.

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Extent Information

E13Sch. 3 para. 3: "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I26Sch. 3 para. 3 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Duty to keep police forces informedE+W+S+N.I.

4(1)The Director General must keep the chief officers of each UK police force informed of any information obtained by the NCA in the exercise of any NCA function which appears to the Director General to be relevant to the exercise by that chief officer or any other member of that police force of any functions.E+W+S+N.I.

(2)This paragraph does not require the Director General to keep the chief officer of a police force informed of information which appears to the Director General to be information obtained (whether directly or indirectly) from that chief officer or any other member of that police force.

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Commencement Information

I27Sch. 3 para. 4 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Duty to keep NCA informed: government bodiesE+W+S+N.I.

5(1)Each specified body must keep the Director General informed of any information held by that body which—E+W+S+N.I.

(a)is held in connection with the exercise of a relevant function of that body, and

(b)appears to that body to be relevant to the exercise by the NCA of—

(i)the crime-reduction function,

(ii)the criminal intelligence function, or

(iii)functions conferred by the Proceeds of Crime Act 2002.

(2)Where a specified body informs the Director General of such information, that body must disclose to the NCA any of that information which the Director General requests that body to disclose.

(3)This paragraph does not require a specified body to keep the Director General informed of information which appears to that body to be information obtained (whether directly or indirectly) from the NCA.

(4)This paragraph does not require the Director of the Serious Fraud Office to keep the Director General informed of, or to disclose to the NCA, any information obtained under section 2(2) or (3) of the Criminal Justice Act 1987 (information which the Director of the SFO may require a person to produce etc).

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Commencement Information

I28Sch. 3 para. 5 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Duty to keep government bodies informedE+W+S+N.I.

6(1)The Director General must keep each specified body informed of any information obtained by the NCA in the exercise of any NCA function which appears to the Director General to be relevant to the exercise by that specified body of any relevant function for the purposes of carrying out activities to combat crime.E+W+S+N.I.

(2)This paragraph does not require the Director General to keep a specified body informed of information which appears to the Director General to be information obtained (whether directly or indirectly) from that body.

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Commencement Information

I29Sch. 3 para. 6 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Meaning of “specified body” & “relevant function”E+W+S+N.I.

7In paragraphs 5 and 6—E+W+S+N.I.

(a)specified body” means a body specified in the first column of this table;

(b)relevant function”, in relation to such a body, means a function that falls within the functions specified in relation to that body in the second column of this table.

Specified bodiesRelevant functions
The Secretary of State.Functions relating to immigration, nationality or customs.
The Director of Border Revenue.All functions.
The Director of the Serious Fraud Office.Investigatory functions (but not any prosecution functions).
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Commencement Information

I30Sch. 3 para. 7 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Part 3 E+W+S+N.I.Assistance within the UK

Voluntary assistance by NCA: the UK, the Channel Islands & the Isle of ManE+W+S+N.I.

8(1)The Director General may provide assistance to—E+W+S+N.I.

(a)a UK police force, or

(b)an Island police force;

if the chief officer of the police force requests assistance to be provided.

(2)The Director General may provide assistance to—

(a)a UK law enforcement agency, or

(b)an Island law enforcement agency,

if the agency requests assistance to be provided.

(3)A request may be made under this paragraph only if the chief officer, or agency, considers that the police force, or agency, has a special need for the Director General to provide assistance.

(4)A request under this paragraph must—

(a)state the special need for assistance, and

(b)specify the assistance that is wanted.

(5)If a request is made under this paragraph, the Director General may provide such assistance as the Director General considers appropriate in all the circumstances.

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Commencement Information

I31Sch. 3 para. 8 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Voluntary assistance to NCA: the UKE+W+S+N.I.

9(1)The chief officer of a UK police force may provide assistance to the NCA if the Director General requests assistance to be provided.E+W+S+N.I.

(2)A UK law enforcement agency may provide assistance to the NCA if the Director General requests assistance to be provided.

(3)A request may be made under this paragraph only if the Director General considers that the NCA has a special need for the chief officer, or agency, to provide assistance.

(4)A request under this paragraph must—

(a)state the special need for assistance, and

(b)specify the assistance that is wanted.

(5)If a request is made under this paragraph, a chief officer, or law enforcement agency, may provide such assistance as the chief officer, or agency, considers appropriate in all the circumstances.

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Commencement Information

I32Sch. 3 para. 9 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Directed assistance by NCA: England and Wales police etcE+W+S+N.I.

10(1)The Secretary of State may direct the Director General to provide specified assistance to—E+W+S+N.I.

(a)an England and Wales police force,

(b)a special police force,

(c)the Commissioners for Her Majesty's Revenue and Customs;

(d)the Director of the Serious Fraud Office;

(e)the Director of Border Revenue;

(f)any other person operating—

(i)in England, or

(ii)in England and in Scotland, Northern Ireland or Wales (or two or more of those parts of the United Kingdom),

charged with the duty of investigating or prosecuting offences (apart from a UK police force).

(2)A direction may be given under this paragraph only if it appears to the Secretary of State that it is appropriate for the police force or other persons or person to receive directed assistance from the Director General.

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Commencement Information

I33Sch. 3 para. 10 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Directed assistance to NCA: England and Wales police etcE+W+S+N.I.

11(1)The Director General may direct any of the following to provide specified assistance to the NCA—E+W+S+N.I.

(a)the chief officer of an England and Wales police force;

(b)the Chief Constable of the British Transport Police;

(c)the Commissioners for Her Majesty's Revenue and Customs;

(d)the Director of the Serious Fraud Office;

(e)the Director of Border Revenue.

(2)A direction may be given under this paragraph only if—

(a)it appears to the Director General that it is appropriate for the NCA to receive directed assistance from the chief officer of the police force or from the other persons or person; and

(b)the appropriate consent is given to the direction.

(3)For that purpose “appropriate consent” means—

(a)the consent of the Secretary of State (in the case of a direction to the chief officer of an England and Wales police force or a direction to the Chief Constable of the British Transport Police);

(b)the consent of the Secretary of State and the consent of the Treasury (in the case of a direction to the Commissioners or the Director of Border Revenue);

(c)the consent of the Secretary of State and the consent of the Attorney General (in the case of a direction to the Director of the Serious Fraud Office).

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Commencement Information

I34Sch. 3 para. 11 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Directed assistance by NCA: ScotlandE+W+S+N.I.

12(1)The Scottish Ministers may direct the Director General to provide specified assistance to the Police Service of Scotland.E+W+S+N.I.

(2)A direction may be given under this paragraph only if—

(a)it appears to the Scottish Ministers that it is appropriate for the Police Service to receive directed assistance from the Director General; and

(b)the Secretary of State consents to the direction.

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Commencement Information

I35Sch. 3 para. 12 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Directed assistance to NCA: ScotlandE+W+S+N.I.

13The Scottish Ministers may direct the chief constable of the Police Service of Scotland to provide specified assistance to the NCA if it appears to the Scottish Ministers that it is appropriate for the NCA to receive directed assistance from the chief constable.E+W+S+N.I.

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Commencement Information

I36Sch. 3 para. 13 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Directed assistance by NCA: Northern IrelandE+W+S

14(1)The Department of Justice in Northern Ireland may direct the Director General to provide specified assistance to the Police Service of Northern Ireland.E+W+S

(2)A direction may be given under this paragraph only if—

(a)it appears to the Department of Justice that it is appropriate for the Police Service to receive directed assistance from the Director General; and

(b)the Secretary of State consents to the direction.

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Extent Information

E15Sch. 3 para. 14: "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I37Sch. 3 para. 14 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Directed assistance to NCA: Northern IrelandE+W+S

15(1)The Department of Justice in Northern Ireland may direct the Chief Constable of the Police Service of Northern Ireland to provide specified assistance to the NCA if it appears to the Department that it is appropriate for the NCA to receive directed assistance from the Chief Constable.E+W+S

(2)Before giving such a direction, the Department of Justice must consult—

(a)the Northern Ireland Policing Board, and

(b)any other persons the Department considers it appropriate to consult.

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Extent Information

E16Sch. 3 para. 15: "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I38Sch. 3 para. 15 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

When is it appropriate for a person to receive directed assistance?E+W+S+N.I.

16For the purposes of this Part of this Schedule, it is appropriate for a person (“R”) to receive directed assistance from another person (“P”) if—E+W+S+N.I.

(a)R has a special need for assistance from P,

(b)it is expedient for P to provide the assistance, and

(c)satisfactory arrangements for P to provide assistance to R cannot be made, or cannot be made in time, under paragraph 8 or 9.

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Commencement Information

I39Sch. 3 para. 16 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Voluntary or directed assistance: particular assistance that may be providedE+W+S+N.I.

17(1)A person may provide any of the following in response to a request for assistance, and a direction may require the provision of any of the following—E+W+S+N.I.

(a)equipment;

(b)NCA officers (if assistance is to be provided by the Director General);

(c)constables (if assistance is to be provided by the chief officer of a police force);

(d)members of staff of a UK law enforcement agency (if assistance is to be provided by such an agency).

(2)That does not limit the kinds of assistance that may be provided or required.

(3)In this paragraph—

  • direction” means a direction under any provision of this Part of this Schedule;

  • request for assistance” means such a request under any provision of this Part of this Schedule.

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Commencement Information

I40Sch. 3 para. 17 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Voluntary or directed assistance: control of individuals provided for assistanceE+W+S+N.I.

18(1)An individual who is provided under this Part of this Schedule—E+W+S+N.I.

(a)to assist the NCA is, whilst so provided, under the direction and control of the Director General;

(b)to assist a UK police force is, whilst so provided, under the direction and control of the chief officer of the police force;

(c)to assist a UK law enforcement agency is, whilst so provided, under the direction and control of the agency.

(2)That rule applies despite anything contained in—

(a)any other enactment, or

(b)any agreement made under any other enactment.

(3)In this paragraph “individual” includes—

(a)an NCA officer;

(b)a constable;

(c)a member of the staff of a law enforcement agency.

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Commencement Information

I41Sch. 3 para. 18 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Part 4 E+W+S+N.I.Use of police facilities etc by NCA

Voluntary arrangements: police forces outside LondonE+W+S+N.I.

19(1)The Director General and a relevant body (or both those bodies) may make arrangements for the NCA to use facilities made available by the police force maintained for a police area listed in Schedule 1 to the Police Act 1996 (police areas in England and Wales outside London).E+W+S+N.I.

(2)In this paragraph “relevant body”, in relation to the police force maintained for a police area, means—

(a)the police and crime commissioner for that police area, or

(b)the chief constable of that police force.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I42Sch. 3 para. 19 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Voluntary arrangements: the metropolitan police forceE+W+S+N.I.

20(1)The Director General and a relevant metropolitan body (or both those bodies) may make arrangements for the NCA to use facilities made available by the metropolitan police force.E+W+S+N.I.

(2)In this paragraph “relevant metropolitan body” means—

(a)the Mayor's Office for Policing and Crime, or

(b)the Commissioner of Police of the Metropolis.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I43Sch. 3 para. 20 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Voluntary arrangements: the City of London police forceE+W+S+N.I.

21The Director General and the Common Council of the City of London (in its capacity as police authority for the City of London police area) may make arrangements for the NCA to use facilities made available by the City of London police force.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I44Sch. 3 para. 21 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Voluntary arrangements: immigration or customs facilitiesE+W+S+N.I.

22(1)The Director General and the Secretary of State may make arrangements for the NCA to use immigration facilities made available by the Secretary of State.E+W+S+N.I.

(2)The Director General and a relevant person (or both those persons) may make arrangements for the NCA to use customs premises made available by the relevant person (or both those persons).

(3)In this paragraph—

  • customs premises” means premises wholly or partly occupied by persons designated under section 3 (general customs officials) or section 11 (customs revenue officials) of the Borders, Citizenship and Immigration Act 2009;

  • immigration facilities” means facilities provided in connection with the exercise of—

    (a)

    functions of the Secretary of State relating to immigration, asylum or nationality, or

    (b)

    functions of an immigration officer;

  • relevant person” means—

    (a)

    the Secretary of State, or

    (b)

    the Director of Border Revenue.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I45Sch. 3 para. 22 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Directed arrangements: England and Wales police forcesE+W+S+N.I.

23(1)If it appears to the Secretary of State that—E+W+S+N.I.

(a)it is expedient for relevant parties to make arrangements under paragraph 19, 20 or 21, and

(b)satisfactory arrangements cannot be made, or cannot be made in time, under that paragraph,

the Secretary of State may direct those relevant parties to make specified arrangements under that paragraph.

(2)In this paragraph “relevant parties”, in relation to arrangements under paragraph 19, 20 or 21, means—

(a)the Director General, and

(b)any other person or persons who may make arrangements under that paragraph.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I46Sch. 3 para. 23 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Voluntary arrangements: Police Service of Northern IrelandE+W+S+N.I.

24The Director General may make arrangements with the Northern Ireland Policing Board for the NCA to use facilities made available by the Police Service of Northern Ireland.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I47Sch. 3 para. 24 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Directed arrangements: Police Service of Northern IrelandE+W+S

25If it appears to the Department of Justice in Northern Ireland—E+W+S

(a)that it is expedient for the Director General and the Northern Ireland Policing Board to make arrangements under paragraph 24, and

(b)that satisfactory arrangements cannot be made, or cannot be made in time, under paragraph 24,

the Department of Justice may, with the consent of the Secretary of State, direct the Director General and the Policing Board to make specified arrangements under paragraph 24.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E17Sch. 3 para. 25: "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I48Sch. 3 para. 25 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Arrangements: terms, variation and terminationE+W+S+N.I.

26(1)Facility-sharing arrangements must specify or describe the facilities which are to be made available for use by the NCA under the arrangements.E+W+S+N.I.

(2)Facility-sharing arrangements may be varied or terminated by the parties.

(3)But the arrangements may not be terminated without the consent of—

(a)the Secretary of State (if the arrangements have been made in compliance with a direction by the Secretary of State), or

(b)the Department of Justice in Northern Ireland (if the arrangements have been made in compliance with a direction by that Department).

(4)In this paragraph “facility-sharing arrangements” means arrangements under any other provision of this Part of this Schedule.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E19Sch. 3 para. 26(3)(b): "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I49Sch. 3 para. 26 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Consultation before directionE+W+S+N.I.

27Before a person (“D”) gives a direction under this Part of this Schedule to another person (“P”), D must—E+W+S+N.I.

(a)notify P of the proposal to give the direction, and

(b)consider any representations made by P.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I50Sch. 3 para. 27 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

FacilitiesE+W+S+N.I.

28In this Part of this Schedule “facilities” means—E+W+S+N.I.

(a)premises,

(b)equipment, and

(c)other material, facilities and services.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I51Sch. 3 para. 28 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Part 5 E+W+S+N.I.Payment for tasks, assistance or facilities

Payments by Director GeneralE+W+S+N.I.

29(1)The Director General must pay the appropriate amount to the fundholding body for a UK police force if—E+W+S+N.I.

(a)the chief officer of that police force performs a task—

(i)in response to a request under section 5, or

(ii)in accordance with a direction under that section;

(b)the chief officer of that police force provides the NCA with assistance—

(i)in response to a request under Part 3 of this Schedule, or

(ii)in accordance with a direction under Part 3 of this Schedule; or

(c)facility-sharing arrangements are made under Part 4 of this Schedule (whether voluntarily or in accordance with a direction) for the NCA to use facilities made available by that police force.

(2)The Director General must pay the appropriate amount to a UK law enforcement agency if—

(a)that agency performs a task in response to a request under section 5;

(b)that agency provides the NCA with assistance—

(i)in response to a request under Part 3 of this Schedule, or

(ii)in accordance with a direction under Part 3 of this Schedule; or

(c)facility-sharing arrangements are made under Part 4 of this Schedule (whether voluntarily or in accordance with a direction) for the NCA to use facilities made available by that agency.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I52Sch. 3 para. 29 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Payments by policeE+W+S+N.I.

30The fundholding body for a UK police force must pay the appropriate amount to the Director General if—E+W+S+N.I.

(a)the Director General performs a task in response to a request by the chief officer of that police force under section 5; or

(b)the Director General provides that police force with assistance—

(i)in response to a request under Part 3 of this Schedule, or

(ii)in accordance with a direction under Part 3 of this Schedule.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I53Sch. 3 para. 30 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Payments by law enforcement agenciesE+W+S+N.I.

31A UK law enforcement agency must pay the appropriate amount to the Director General if—E+W+S+N.I.

(a)the Director General performs a task in response to a request by that agency under section 5; or

(b)the Director General provides that agency with assistance—

(i)in response to a request under Part 3 of this Schedule, or

(ii)in accordance with a direction under Part 3 of this Schedule.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I54Sch. 3 para. 31 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

The “appropriate amount”E+W+S+N.I.

32(1)In any provision of this Part of this Schedule which requires one person (“R”) to pay the appropriate amount to another person (“P”), “appropriate amount” means—E+W+S+N.I.

(a)such amount as may be agreed between R and P, or

(b)in the absence of agreement, such amount as may be determined by the Secretary of State.

(2)The Secretary of State must consult the Scottish Ministers before determining the appropriate amount if R or P is a Scottish body.

(3)The Secretary of State must consult the Department of Justice in Northern Ireland before determining the appropriate amount if R or P is a Northern Ireland body.

(4)In this paragraph—

  • Northern Ireland body” means—

    (a)

    the Police Service of Northern Ireland,

    (b)

    a Northern Ireland department, and

    (c)

    any other person operating in Northern Ireland, and not operating in any other part of the United Kingdom, charged with the duty of investigating or prosecuting offences;

  • Scottish body” means—

    (a)

    the Scottish Police Authority,

    (b)

    the Scottish Administration, and

    (c)

    any other person operating in Scotland, and not operating in any other part of the United Kingdom, charged with the duty of investigating or prosecuting offences.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I55Sch. 3 para. 32 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Part 6 E+W+S+N.I.General

Directed tasking or assistance: power to amend those who may be directedE+W+S+N.I.

33(1)The Secretary of State may, by order, amend section 5 or paragraph 11 of this Schedule by making any of the following kinds of provision—E+W+S+N.I.

(a)provision adding a person or category of persons to the relevant list;

(b)provision imposing on the Director General a requirement to obtain the consent of one or more persons before giving a direction to—

(i)a person added to the relevant list by virtue of sub-paragraph (a), or

(ii)a person within a category of persons so added;

(c)provision removing from the relevant list a person or category of persons added by virtue of sub-paragraph (a);

(d)provision removing a requirement for consent imposed by virtue of sub-paragraph (b).

(2)But the Secretary of State may not add any of the following to the relevant list—

(a)the Commissioners for Her Majesty's Revenue and Customs;

(b)the Chief Constable of the Police Service of Scotland;

(c)any person operating only in Scotland;

(d)the Chief Constable of the Police Service of Northern Ireland;

(e)any person operating only in Northern Ireland.

(3)Before making an order under this paragraph which adds a person or category of persons to the relevant list, the Secretary of State must consult that person or the persons within that category.

(4)In this paragraph “relevant list” means—

(a)in relation to section 5, the list of persons in subsection (5) to whom the Director General may give directions, or

(b)in relation to paragraph 11 of this Schedule, the list of persons in sub-paragraph (1) to whom the Director General may give directions.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I56Sch. 3 para. 33 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Duty to provide information etc: power to amend specified bodies etcE+W+S+N.I.

34(1)The Secretary of State may, by order, amend paragraph 7 of this Schedule by making any of the following kinds of provision—E+W+S+N.I.

(a)provision adding a person to the specified bodies in the relevant table;

(b)provision specifying in the relevant table one or more relevant functions in relation to—

(i)the Secretary of State, or

(ii)a person added to the specified bodies by virtue of sub-paragraph (a);

(c)provision removing from the relevant table provision made by virtue of sub-paragraph (a) or (b).

(2)But the Secretary of State may not add any of the following to the specified bodies—

(a)a person operating only in Scotland;

(b)a person operating only in Northern Ireland.

(3)Before making provision under this paragraph which adds a person to the specified bodies, the Secretary of State must consult that person.

(4)In this paragraph “relevant table” means the table in paragraph 7.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I57Sch. 3 para. 34 in force at 8.5.2013 by S.I. 2013/1042, art. 2(j)

DirectionsE+W+S+N.I.

35(1)A person given a direction under this Schedule must comply with it.E+W+S+N.I.

(2)A direction under this Schedule may not relate to the prosecution functions of any person.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I58Sch. 3 para. 35 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

InterpretationE+W+S+N.I.

36In this Schedule—E+W+S+N.I.

  • fundholding body” means—

    (a)

    the policing body (in relation to any UK police force other than the Police Service of Northern Ireland);

    (b)

    the Police Service of Northern Ireland (in relation to that Police Service);

  • specified”, in relation to a direction under any provision of this Schedule, means specified in the direction.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I59Sch. 3 para. 36 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Section 8

SCHEDULE 4E+W+S+N.I.NCA: general

Regulations as to equipmentE+W+S+N.I.

1(1)The Secretary of State may make regulations requiring equipment used by the NCA to satisfy such requirements as to design and performance as may be prescribed by the regulations.E+W+S+N.I.

(2)The Secretary of State may, by regulations, make any of the following kinds of provision—

(a)provision requiring the NCA, when using equipment for the purposes specified in the regulations, to use only—

(i)the equipment which is specified in the regulations,

(ii)equipment which is of a description so specified, or

(iii)equipment which is of a type approved by the Secretary of State in accordance with the regulations;

(b)provision prohibiting the NCA from using equipment of a type approved as mentioned in sub-paragraph (a)(iii) except—

(i)where the conditions subject to which the approval was given are satisfied, and

(ii)in accordance with the other terms of that approval;

(c)provision requiring equipment used by the NCA 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;

(d)provision prohibiting the NCA from using equipment specified in the regulations, or any equipment of a description so specified.

(3)Before making regulations under this section, the Secretary of State must consult—

(a)the Director General, and

(b)such other persons as the Secretary of State considers appropriate.

(4)In this paragraph “equipment” includes—

(a)vehicles, and

(b)headgear and protective and other clothing.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I60Sch. 4 para. 1 in force at 8.5.2013 by S.I. 2013/1042, art. 2(k)

Liability of NCA for unlawful actsE+W+S+N.I.

2(1)In any of the following cases, the NCA is liable in respect of unlawful conduct of a person in the same manner as an employer is liable in respect of unlawful conduct of employees in the course of their employment.E+W+S+N.I.

(2)The first case is where the unlawful conduct is conduct of a constable or other person which occurs when the person is carrying out, or purporting to carry out, functions whilst—

(a)seconded to the NCA to serve as an NCA officer, or

(b)provided for the assistance of the NCA under Part 3 of Schedule 3.

(3)The second case is where the unlawful conduct is conduct of a person (other than an NCA officer) who is a member of an NCA-led international joint investigation team which occurs when the person is carrying out, or purporting to carry out, functions as a member of the team.

(4)The third case is where the unlawful conduct is conduct of a person carrying out surveillance under section 76A of the Regulation of Investigatory Powers Act 2000 (foreign surveillance operations).

(5)If (in any of those cases) the unlawful conduct is a tort, the NCA is accordingly to be treated as a joint tortfeasor.

(6)If—

(a)the NCA pays a sum by virtue of this paragraph, and

(b)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 the NCA,

the Secretary of State must pay to the NCA the sum received by way of reimbursement.

(7)This paragraph does not affect the liability of the NCA for the conduct of NCA officers.

(8)References in this paragraph to unlawful conduct by a person include references to unlawful conduct by a person in reliance, or purported reliance, on a designation under section 9 or 10.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C2Sch. 4 para. 2 excluded by 1974 c. 37, s. 51A(2D)(2E)(f) (as substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 21(3); S.I. 2013/1682, art. 3(v))

Commencement Information

I61Sch. 4 para. 2 in force at 7.10.2013 by S.I. 2013/1682, art. 3(k)

Assaults or obstruction in connection with joint investigation teamsE+W+S+N.I.

3(1)A person commits an offence if the person assaults a member of an NCA-led international joint investigation team who is carrying out functions as a member of the team.E+W+S+N.I.

(2)A person guilty of that offence is liable on summary conviction to either or both of the following—

(a)imprisonment for a term not exceeding—

(i)51 weeks on conviction in England and Wales;

(ii)12 months on conviction in Scotland;

(iii)6 months on conviction in Northern Ireland;

(b)a fine not exceeding level 5 on the standard scale.

(3)A person commits an offence if the person resists or wilfully obstructs a member of an NCA-led international joint investigation team who is carrying out functions as a member of that team.

(4)A person guilty of that offence is liable on summary conviction to either or both of the following—

(a)imprisonment for a term not exceeding—

(i)51 weeks on conviction in England and Wales;

(ii)12 months on conviction in Scotland;

(iii)1 month on conviction in Northern Ireland;

(b)a fine not exceeding level 3 on the standard scale.

(5)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences)—

(a)the reference in sub-paragraph (2)(a) to the period of 51 weeks is to be read as a reference to the period of 6 months; and

(b)the reference in sub-paragraph (4)(a) to the period of 51 weeks is to be read as a reference to the period of 1 month.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I62Sch. 4 para. 3 in force at 7.10.2013 by S.I. 2013/1682, art. 3(k)

Application of discrimination legislation to secondees: Northern IrelandE+W+S+N.I.

4(1)An NCA secondee is to be treated, for the purposes of the provisions listed in sub-paragraph (2), as being employed by the NCA as respects any act done by the NCA in relation to that person.E+W+S+N.I.

(2)Those provisions are—

(a)Part 2 of the Sex Discrimination (Northern Ireland) Order 1976;

(b)Part 2 of the Disability Discrimination Act 1995;

(c)Part 2 of the Race Relations (Northern Ireland) Order 1997;

(d)the Fair Employment and Treatment (Northern Ireland) Order 1998, except Part VII.

(3)For the purposes of the provisions listed in sub-paragraph (4)—

(a)an NCA secondee is to be treated as being employed by the NCA (and as not being employed by any other person); and

(b)anything done by an NCA secondee in the performance, or purported performance, of his functions as an NCA secondee is to be treated as done in the course of that employment.

(4)Those provisions are—

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

(b)section 58 of the Disability Discrimination Act 1995;

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

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

(5)In this paragraph “NCA secondee” means any constable or other person who has been seconded to the NCA to serve as an NCA officer.

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Commencement Information

I63Sch. 4 para. 4 in force at 7.10.2013 by S.I. 2013/1682, art. 3(k)

InterpretationE+W+S+N.I.

5(1)In this Schedule “NCA-led international joint investigation team” means any investigation team which is formed under the leadership of an NCA officer and is formed in accordance with—E+W+S+N.I.

(a)any framework decision on joint investigation teams adopted under Article 87 of the Treaty on the Functioning of the European Union;

(b)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

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

(2)A reference in this paragraph to Article 87 of the Treaty on the Functioning of the European Union includes a reference to Article 34 of the Treaty on European Union (as it had effect before 1 December 2009).

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Commencement Information

I64Sch. 4 para. 5 in force at 7.10.2013 by S.I. 2013/1682, art. 3(k)

Section 9

SCHEDULE 5E+W+S+N.I.Police, customs and immigration powers

Part 1E+W+S+N.I.Director General: Commissioners' powers exercisable under section 9(1)

Powers only exercisable in relation to customs mattersE+W+S+N.I.

1If a power of the Commissioners is exercisable both—E+W+S+N.I.

(a)in relation to a customs matter, and

(b)in relation to any other matter,

the power is exercisable by the Director General under section 9(1) only in relation to the customs matter.

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Commencement Information

I65Sch. 5 para. 1 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Powers exercisable under warrantE+W+S+N.I.

2(1)This paragraph applies to an enactment if it provides for the issuing of warrants which authorise the Commissioners to exercise any power in relation to a customs matter.E+W+S+N.I.

(2)For the purpose of enabling the Director General to exercise that power in relation to a customs matter, the enactment has effect as if the Director General were one of the Commissioners.

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Commencement Information

I66Sch. 5 para. 2 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Certain powers of Commissioners not exercisable by Director GeneralE+W+S+N.I.

3The following powers of the Commissioners are not exercisable by the Director General under section 9(1)—E+W+S+N.I.

(a)the powers under paragraph 2(1) of Schedule 7 to consent to a disclosure of HMRC information by an NCA officer;

(b)the power under paragraph 2(2) of Schedule 7 to consent to a further disclosure of HMRC information by any person.

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Commencement Information

I67Sch. 5 para. 3 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Part 2E+W+S+N.I.Director General: designation under section 9

Advisory panelE+W+S+N.I.

4(1)The Secretary of State must appoint an advisory panel (to enable recommendations to be made as to the operational powers which the Director General should have)—E+W+S+N.I.

(a)whenever there is an appointment of a Director General; and

(b)at any other time when the Secretary of State considers that it is appropriate to do so.

(2)But that duty is subject to regulations under paragraph 5.

(3)An advisory panel is to consist of—

(a)a person to chair the panel, who must not be a civil servant; and

(b)an appropriate number of other members (the “expert members”) who, when taken together, have appropriate knowledge of the following matters—

(i)the training of constables in England and Wales police forces;

(ii)the training of officers of Revenue and Customs and general customs officials to exercise powers in relation to customs matters;

(iii)the training of immigration officers;

(iv)the training of NCA officers.

(4)The expert members of the advisory panel must—

(a)consider the question of the adequacy of the Director General's training, and

(b)give the panel's chair such information in respect of their consideration of that question as the chair may require.

(5)The panel's chair must then—

(a)consider the information given by the expert members,

(b)decide the question of the adequacy of the Director General's training, and

(c)produce a report containing recommendations as to the operational powers which the Director General should have.

(6)The report must not recommend that the Director General should have a particular operational power unless the panel's chair has decided that the Director General has received adequate training in respect of that power.

(7)That process for producing a report is to be conducted in accordance with the terms of appointment of the advisory panel (which may include terms about the particular operational powers in respect of which the question of the adequacy of the Director General's training is to be considered).

(8)A reference in this paragraph to the question of the adequacy of the Director General's training is a reference to—

(a)which operational powers the Director General has received adequate training in respect of, and

(b)which operational powers the Director General has not received adequate training in respect of.

(9)In this paragraph—

  • adequate training”, in relation to a particular operational power, means training that is adequate to enable that power to be properly exercised;

  • appropriate” means appropriate in the Secretary of State's view;

  • report” means a report for the purposes of section 9 containing recommendations as to the operational powers which the Director General should have.

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Commencement Information

I68Sch. 5 para. 4 in force at 27.5.2013 by S.I. 2013/1042, art. 3(k)

No advisory panelE+W+S+N.I.

5(1)The Secretary of State may, by regulations, make provision about the circumstances in which the Director General may be designated as a person having operational powers otherwise than on recommendations made in accordance with paragraph 4.E+W+S+N.I.

(2)Regulations under this paragraph may, in particular, provide that the Secretary of State must designate the Director General as a person having particular operational powers if specified conditions are met.

(3)Those conditions may, in particular, relate to training received by a person before appointment as the Director General.

(4)In this paragraph “specified” means specified in regulations under this paragraph.

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Commencement Information

I69Sch. 5 para. 5 in force at 8.5.2013 by S.I. 2013/1042, art. 2(l)

Part 3E+W+S+N.I.Further provision about designations under section 9 or 10

Limitations in designationE+W+S+N.I.

6(1)A designation may be made subject to any limitations specified in the designation.E+W+S+N.I.

(2)In particular, a designation may include—

(a)limitations on which operational powers the designated officer has;

(b)limitations on the purposes for which the designated officer may exercise operational powers which the person has.

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Commencement Information

I70Sch. 5 para. 6 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Duration of designationE+W+S+N.I.

7(1)A designation has effect without limitation of time, unless the designation specifies a period for which it is to have effect.E+W+S+N.I.

(2)But that is subject to any modification or withdrawal of the designation.

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Commencement Information

I71Sch. 5 para. 7 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

NCA officers having operational powers from another officeE+W+S+N.I.

8(1)The Director General or any other NCA officer may be designated as a person having operational powers whether or not that person already has, or previously had, any such powers.E+W+S+N.I.

(2)But see paragraph 12 of Schedule 1 for provision about persons who already have operational powers upon becoming NCA officers.

(3)If a person is both—

(a)an NCA officer designated as a person having operational powers, and

(b)a special constable or a member of the Police Service of Northern Ireland Reserve,

none of the operational powers which the person has as an NCA officer are exercisable at any time when the person is exercising any power or privilege which the person has as a special constable or as a member of the Police Service of Northern Ireland Reserve.

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Commencement Information

I72Sch. 5 para. 8 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Evidence of designationE+W+S+N.I.

9(1)A designated officer must produce evidence of the designation if—E+W+S+N.I.

(a)the officer exercises, or purports to exercise, any operational power in relation to another person in reliance on the designation, and

(b)the other person requests the officer to produce such evidence.

(2)If the designated officer fails to produce such evidence, that failure does not make the exercise of the operational power invalid.

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Commencement Information

I73Sch. 5 para. 9 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Part 4E+W+S+N.I.Designations: powers and privileges of constables

The Director GeneralE+W+S+N.I.

10(1)If the Director General is designated as a person having the powers and privileges of a constable, the Director General has—E+W+S+N.I.

(a)in England and Wales and the adjacent United Kingdom waters, all the powers and privileges of an English and Welsh constable; and

(b)outside the United Kingdom and the United Kingdom waters, all the powers and privileges of a constable that are exercisable overseas.

(2)But that is subject to any limitations included in the designation.

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Commencement Information

I74Sch. 5 para. 10 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Other NCA officersE+W+S+N.I.

11(1)If an NCA officer (other than the Director General) is designated as a person having the powers and privileges of a constable, the NCA officer has—E+W+S+N.I.

(a)in England and Wales and the adjacent United Kingdom waters, all the powers and privileges of an English and Welsh constable;

(b)in Scotland and the adjacent United Kingdom waters, all the powers and privileges of a Scottish constable;

(c)in Northern Ireland and the adjacent United Kingdom waters, all the powers and privileges of a Northern Ireland constable; and

(d)outside the United Kingdom and the United Kingdom waters, all the powers and privileges of a constable that are exercisable overseas.

(2)But that is subject to—

(a)any limitations included in the designation; and

(b)sub-paragraphs (3) and (6).

(3)An NCA officer may only exercise the powers and privileges of a Scottish constable in one or other of the following cases.

(4)The first case is where—

(a)a Scottish general authorisation is in force, and

(b)the powers and privileges are exercised in accordance with that authorisation.

(5)The second case is where—

(a)a Scottish operational authorisation is in force in relation to a particular operation, and

(b)the powers and privileges are exercised—

(i)in connection with that operation, and

(ii)in accordance with that authorisation.

[F2(6) An NCA officer may only exercise the powers and privileges of a Northern Ireland constable if—

(a)a Northern Ireland general authorisation is in force,

(b)the powers and privileges are exercised in accordance with that authorisation, and

(c)one or both of the following conditions is met—

(i) the NCA officer exercises the powers and privileges with the agreement of the Chief Constable of the Police Service of Northern Ireland;

(ii) the NCA officer exercises the powers and privileges in relation to the conduct of a police officer.

(7)The Chief Constable may arrange for a member of the Police Service of Northern Ireland at the rank of Superintendent or above to give agreement for the purposes of sub-paragraph (6)(c)(i) (whether in all cases or in cases specified in the arrangements).]

(9)In this paragraph—

  • Northern Ireland general authorisation” means an agreement between—

    (a)

    the Director General, and

    (b)

    the Department of Justice in Northern Ireland,

    about the exercise of the powers and privileges of Northern Ireland constables by NCA officers;

  • F3...

  • Scottish general authorisation” means an agreement between—

    (a)

    the Director General, and

    (b)

    the Scottish Ministers,

    about the exercise of the powers and privileges of Scottish constables by NCA officers;

  • Scottish operational authorisation” means an agreement between—

    (a)

    the Director General, and

    (b)

    an officer in the Police Service of Scotland who is at or above the rank of Assistant Chief Constable,

    about the exercise of the powers and privileges of Scottish constables by NCA officers in connection with a particular operation.

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Extent Information

E21Sch. 5 para. 11(1)(c)(6)-(8)(9): "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Amendments (Textual)

Commencement Information

I75Sch. 5 para. 11 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Application of territorial restrictionsE+W+S+N.I.

12Any power or privilege of a constable is, when exercisable by the Director General or any other NCA officer, subject to any territorial restrictions on its exercise to which it is subject when exercisable by a constable.E+W+S+N.I.

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Commencement Information

I76Sch. 5 para. 12 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Powers exercisable under warrantE+W+S

13(1)This paragraph applies to an enactment if it provides for the issuing of warrants which authorise a constable to exercise any power or privilege of a constable.E+W+S

(2)For the purpose of enabling a designated officer to exercise that power or privilege, the enactment has effect as if the designated officer were a constable.

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Extent Information

E23Sch. 5 para. 13: "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I77Sch. 5 para. 13 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Direction and control of NCA officers exercising powers in ScotlandE+W+S+N.I.

14When exercising the function of direction and control of the NCA in relation to the exercise by NCA officers of the powers and privileges of Scottish constables, the Director General must comply with any instruction given by the Lord Advocate or procurator fiscal in relation to the investigation of offences.E+W+S+N.I.

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Commencement Information

I78Sch. 5 para. 14 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Employment lawE+W+S+N.I.

15(1)An NCA officer who is designated as having the powers and privileges of a constable is not to be regarded, by virtue of having those powers and privileges, as in police service for the purposes of any provision of the relevant employment legislation.E+W+S+N.I.

(2)In this paragraph “relevant employment legislation” means—

(a)the Trade Union and Labour Relations (Consolidation) Act 1992;

(b)the Employment Rights Act 1996;

(c)the Trade Union and Labour Relations (Northern Ireland) Order 1995;

(d)the Employment Rights (Northern Ireland) Order 1996.

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Commencement Information

I79Sch. 5 para. 15 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Part 5E+W+S+N.I.Designations: powers of officers of Revenue and Customs

NCA officersE+W+S+N.I.

16(1)If an NCA officer is designated as a person having the powers of an officer of Revenue and Customs, the NCA officer has, in relation to any customs matter, the same powers as an officer of Revenue and Customs would have.E+W+S+N.I.

(2)But that is subject to any limitations included in the designation.

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Commencement Information

I80Sch. 5 para. 16 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Powers only exercisable in relation to customs mattersE+W+S+N.I.

17If a power of an officer of Revenue and Customs is exercisable both—E+W+S+N.I.

(a)in relation to a customs matter, and

(b)in relation to any other matter,

the power is exercisable by a designated officer only in relation to the customs matter.

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Commencement Information

I81Sch. 5 para. 17 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Powers exercisable under warrantE+W+S+N.I.

18(1)This paragraph applies to an enactment if it provides for the issuing of warrants which authorise an officer of Revenue and Customs to exercise any power in relation to a customs matter.E+W+S+N.I.

(2)For the purpose of enabling a designated officer to exercise that power in relation to a customs matter, the enactment has effect as if the designated officer were an officer of Revenue and Customs.

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Commencement Information

I82Sch. 5 para. 18 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

[F4Part 5AE+W+S+N.I.Designations: Powers of general customs officials

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Amendments (Textual)

F4Sch. 5 Pt. 5A inserted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 158(4), 183(5)(e)(6)(c)

NCA officersE+W+S+N.I.

18A(1)If an NCA officer is designated as a person having the powers of a general customs official, the NCA officer has, in relation to any customs matter, the same powers as a general customs official would have.

(2)But that is subject to any limitation included in the designation.

Powers only exercisable in relation to customs mattersE+W+S+N.I.

18BIf a power of a general customs official is exercisable both—

(a)in relation to a customs matter, and

(b)in relation to any other matter,

the power is exercisable by a designated officer only in relation to the customs matter.

Powers exercisable under warrantE+W+S+N.I.

18C(1)This paragraph applies to an enactment if it provides for the issuing of warrants which authorise a general customs official to exercise any power in relation to a customs matter.

(2)For the purpose of enabling a designated officer to exercise that power in relation to a customs matter, the enactment has effect as if the designated officer were a general customs official.]

Part 6E+W+S+N.I.Designations: powers of immigration officers

NCA officersE+W+S

19(1)If an NCA officer is designated as a person having the powers of an immigration officer, the NCA officer has, in relation to any relevant matter, the same powers as an immigration officer would have.E+W+S

(2)But that is subject to any limitation included in the designation.

(3)In this paragraph “relevant matter”, in relation to a particular power of an immigration officer, means a matter in relation to which that power may be exercised.

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Commencement Information

I83Sch. 5 para. 19 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Powers exercisable under warrantE+W+S+N.I.

20(1)This paragraph applies to an enactment if it provides for the issuing of warrants which authorise an immigration officer to exercise any power of an immigration officer.E+W+S+N.I.

(2)For the purpose of enabling a designated officer to exercise that power or privilege, the enactment has effect as if the designated officer were an immigration officer.

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Commencement Information

I84Sch. 5 para. 20 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Part 7E+W+S+N.I.Offences relating to designations

Resistance or wilful obstruction of designated officers etcE+W+S+N.I.

21(1)A person commits an offence if the person resists or wilfully obstructs—E+W+S+N.I.

(a)a designated officer acting in the exercise of an operational power, or

(b)a person who is assisting a designated officer in the exercise of such a power.

(2)A person guilty of an offence under this paragraph is liable on summary conviction to either or both of the following—

(a)imprisonment for a term not exceeding—

(i)51 weeks on conviction in England and Wales;

(ii)12 months on conviction in Scotland;

(iii)1 month on conviction in Northern Ireland;

(b)a fine not exceeding level 3 on the standard scale.

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Commencement Information

I85Sch. 5 para. 21 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Assault on designated officers etcE+W+S+N.I.

22(1)A person commits an offence if the person assaults—E+W+S+N.I.

(a)a designated officer acting in the exercise of an operational power, or

(b)a person who is assisting a designated officer in the exercise of such a power.

(2)A person guilty of an offence under this paragraph is liable on summary conviction to either or both of the following—

(a)imprisonment for a term not exceeding—

(i)51 weeks on conviction in England and Wales;

(ii)12 months on conviction in Scotland;

(iii)6 months on conviction in Northern Ireland;

(b)a fine not exceeding level 5 on the standard scale.

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Commencement Information

I86Sch. 5 para. 22 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Impersonation of designated officer etcE+W+S+N.I.

23(1)A person commits an offence if, with intent to deceive—E+W+S+N.I.

(a)the person impersonates a designated officer,

(b)the person makes any statement or does any act calculated falsely to suggest that the person is a designated officer, or

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

(2)A person guilty of an offence under this paragraph is liable on summary conviction to either or both of the following—

(a)imprisonment for a term not exceeding—

(i)51 weeks on conviction in England and Wales;

(ii)12 months on conviction in Scotland;

(iii)6 months on conviction in Northern Ireland;

(b)a fine not exceeding level 5 on the standard scale.

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Commencement Information

I87Sch. 5 para. 23 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Transitional provision relating to offencesE+W+S+N.I.

24In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences)—E+W+S+N.I.

(a)the reference in paragraph 21(2)(a)(i) to the period of 51 weeks is to be read as a reference to the period of 1 month;

(b)the references in paragraphs 22(2)(a)(i) and 23(2)(a)(i) to the period of 51 weeks are to be read as references to the period of 6 months.

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Commencement Information

I88Sch. 5 para. 24 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Part 8E+W+S+N.I.General

Payment of revenue to the CommissionersE+W+S+N.I.

25(1)The Director General must pay to the Commissioners any money received by way of proceeds of forfeitures—E+W+S+N.I.

(a)by the Director General in the exercise of any power of the Commissioners, or

(b)by the Director General or any other NCA officer in the exercise of any power of an officer of Revenue and Customs.

(2)In this section “proceeds of forfeitures” means—

(a)the proceeds of forfeitures made under the customs and excise Acts (within the meaning of section 1 of the Customs and Excise Management Act 1979), and

(b)a sum paid, or the proceeds of sale, under paragraph 16 of Schedule 3 to that Act.

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Commencement Information

I89Sch. 5 para. 25 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Modification of referencesE+W+S+N.I.

26If, in accordance with section 9(1) or any provision of this Schedule—E+W+S+N.I.

(a)a power of the Commissioners is exercisable by the Director General, a reference to the Commissioners in any enactment which relates to that power is to be taken to be, or to include, a reference to the Director General;

(b)a power or privilege of a constable is exercisable by any NCA officer, a reference to a constable in any enactment which relates to that power or privilege is to be taken to be, or to include, a reference to any NCA officer by whom that power or privilege is exercisable;

(c)a power of an officer of Revenue and Customs is exercisable by any NCA officer, a reference to an officer of Revenue and Customs in any enactment which relates to that power is to be taken to be, or to include, a reference to any NCA officer by whom that power is exercisable;

[F5(ca)a power of a general customs official is exercisable by any NCA officer, a reference to a general customs official in any enactment which relates to that power is to be taken to be, or to include, a reference to any NCA officer by whom that power is exercisable;]

(d)a power of an immigration officer is exercisable by any NCA officer, a reference to an immigration officer in any enactment which relates to that power is to be taken to be, or to include, a reference to any NCA officer by whom that power is exercisable.

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Amendments (Textual)

F5Sch. 5 para. 26(ca) inserted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 158(5), 183(5)(e)(6)(c)

Commencement Information

I90Sch. 5 para. 26 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Power to make further provisionE+W+S+N.I.

27(1)The relevant national authority may, by order, make such provision as that authority considers appropriate in consequence of—E+W+S+N.I.

(a)the Director General having the powers of the Commissioners under section 9(1), or

(b)designated officers having operational powers.

(2)An order under this paragraph may, in particular—

(a)provide for the Director General or designated officers to benefit from exemptions or other protection in respect of the exercise of operational powers;

(b)provide for the disclosure of information to, or the doing of other things in relation to, the Director General or designated officers;

(c)confer functions on the Director General or any other person;

(d)provide for a class of NCA officers (whether identified by reference to a grade or pay scale or otherwise) to be treated as the equivalent of—

(i)one or more ranks in a UK police force;

(ii)one or more grades of, or pay scales applicable to, officers of Revenue and Customs;

[F6(iia)one or more grades of, or pay scales applicable to, general customs officials;]

(iii)one or more grades of, or pay scales applicable to, immigration officers.

(3)In this paragraph “designated officers” includes a description of such officers.

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Amendments (Textual)

F6Sch. 5 para. 27(2)(d)(iia) inserted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 158(6), 183(5)(e)(6)(c)

Commencement Information

I91Sch. 5 para. 27 in force at 8.5.2013 by S.I. 2013/1042, art. 2(l)

Functions of third parties relating to constables etc: extension to NCAE+W+S+N.I.

28(1)The relevant national authority may, by order, provide for a relevant function of a person to be exercisable by that person in relation to—E+W+S+N.I.

(a)the NCA,

(b)the Director General, or

(c)NCA officers (or any description of NCA officers).

(2)In this paragraph “relevant function” means a function exercisable by any person in relation to—

(a)a constable,

(b)a UK police force,

(c)an officer of Revenue and Customs,

[F7(ca)a general customs official,]

(d)the Commissioners, or

(e)an immigration officer.

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Amendments (Textual)

F7Sch. 5 para. 28(2)(ca) inserted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 158(7), 183(5)(e)(6)(c)

Commencement Information

I92Sch. 5 para. 28 in force at 8.5.2013 by S.I. 2013/1042, art. 2(l)

General provision about ordersE+W+S+N.I.

29(1)The power to make an order under paragraph 27 or 28 may, in particular, be exercised by—E+W+S+N.I.

(a)amending, repealing, revoking or otherwise modifying any provision made by or under an enactment, or

(b)applying an enactment (with or without modifications).

(2)The Secretary of State must consult—

(a)the Commissioners before exercising the power conferred by paragraph 27 or 28 in relation to an enactment which (expressly or otherwise) confers any function on the Commissioners or an officer of Revenue and Customs;

(b)the Scottish Ministers before exercising the power conferred by paragraph 27 or 28 in relation to an enactment which extends to Scotland;

(c)the Department of Justice in Northern Ireland before exercising the power conferred by paragraph 27 or 28 in relation to an enactment which extends to Northern Ireland.

(3)In this paragraph “enactment” includes a description of enactments.

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Commencement Information

I93Sch. 5 para. 29 in force at 8.5.2013 by S.I. 2013/1042, art. 2(l)

InterpretationE+W+S+N.I.

30In this Schedule—E+W+S+N.I.

  • Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;

  • designated officer” means the Director General or any other NCA officer if designated as having operational powers;

  • designation” means—

    (a)

    a designation of the Director General under section 9, or

    (b)

    a designation of any other NCA officer under section 10;

    and “designated” and cognate expressions are to be construed accordingly;

  • limitation” means a limitation included in a designation under paragraph 6;

  • Northern Ireland devolved provision”, in relation to provision of an order under this Schedule, means provision which would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of the Northern Ireland Assembly;

  • powers and privileges of a constable that are exercisable overseas” means the powers and privileges of a constable if, and to the extent that, they are exercisable outside the United Kingdom and the United Kingdom waters;

  • powers and privileges of an English and Welsh constable” means the powers and privileges of a constable if, and to the extent that, they are exercisable in England and Wales or the adjacent United Kingdom waters;

  • powers and privileges of a Northern Ireland constable” means the powers and privileges of a constable if, and to the extent that, they are exercisable in Northern Ireland or the adjacent United Kingdom waters;

  • powers and privileges of a Scottish constable” means the powers and privileges of a constable if, and to the extent that, they are exercisable in Scotland or the adjacent United Kingdom waters;

  • relevant national authority”, in relation to a power to make an order under this Schedule, means—

    (a)

    the Secretary of State, except in relation to Scottish devolved provision and Northern Ireland devolved provision;

    (b)

    the Scottish Ministers, in relation to Scottish devolved provision;

    (c)

    the Department of Justice in Northern Ireland, in relation to Northern Ireland devolved provision;

  • Scottish devolved provision”, in relation to provision of an order under this Schedule, means provision that would be within the legislative competence of the Scottish Parliament if contained in an Act of the Scottish Parliament, except for any provision of the kind referred to in paragraph 27 (2)(d);

  • United Kingdom waters” means the sea and other waters within the seaward limits of the United Kingdom's territorial sea.

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Extent Information

E25Sch. 5 para. 30: "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I94Sch. 5 para. 30 in force at 8.5.2013 by S.I. 2013/1042, art. 2(l)

Section 11

SCHEDULE 6E+W+S+N.I.Inspections and complaints

Part 1 E+W+S+N.I.Inspections

Inspections in ScotlandE+W+S+N.I.

1(1)Before making a request for an inspection that would fall to be carried out wholly or partly in Scotland, the Secretary of State must consult the Scottish Ministers.E+W+S+N.I.

(2)HMIC may carry out an inspection jointly with the Scottish inspectors—

(a)if it is carried out wholly in Scotland, or

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

(3)Before deciding whether or not to carry out such an inspection jointly with the Scottish inspectors, HMIC must consult the Scottish inspectors.

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Commencement Information

I95Sch. 6 para. 1 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

Inspections in Northern IrelandE+W+S+N.I.

2Before making a request for an inspection that would fall to be carried out wholly or partly in Northern Ireland, the Secretary of State must consult the Department of Justice in Northern Ireland.E+W+S+N.I.

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Commencement Information

I96Sch. 6 para. 2 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

Publication of HMIC reportsE+W+S+N.I.

3(1)The Secretary of State must arrange for every HMIC report received to be published in such manner as the Secretary of State considers appropriate.E+W+S+N.I.

(2)But the Secretary of State may exclude from publication any part of an HMIC report if, in the Secretary of State's opinion, the publication of that part—

(a)would be against the interests of national security,

(b)could prejudice the prevention or detection of crime, the apprehension of offenders, or the prosecution of offences, or

(c)might jeopardise the safety of any person.

(3)The Secretary of State must send a copy of the published report—

(a)to the NCA; and

(b)if the inspection was carried out wholly or partly in Scotland, to the Scottish Ministers; and

(c)if the inspection was carried out wholly or partly in Northern Ireland, to the Department of Justice in Northern Ireland.

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Commencement Information

I97Sch. 6 para. 3 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

NCA responseE+W+S+N.I.

4(1)The Director General must—E+W+S+N.I.

(a)prepare comments on each HMIC report as published by the Secretary of State; and

(b)arrange for those comments to be published in such manner as the Director General considers appropriate.

[F8(1A)The comments must be published before the end of the period of 56 days beginning with the day on which the HMIC report is published by the Secretary of State.

(1B)If the HMIC report includes a recommendation, the comments must include an explanation of—

(a)the action the Director General has taken or proposes to take in response to the recommendation, or

(b)why the Director General has not taken, or does not propose to take, any action in response.]

(2)The Director General must send a copy of any document published under sub-paragraph (1)(b)—

(a)to the Secretary of State; and

(b)if the inspection was carried out wholly or partly in Scotland, to the Scottish Ministers; and

(c)if the inspection was carried out wholly or partly in Northern Ireland, to the Department of Justice in Northern Ireland.

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Amendments (Textual)

F8Sch. 6 para. 4(1A)(1B) inserted (31.1.2017 for specified purposes, 2.5.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 37(6), 183(1)(5)(e); S.I. 2017/399, reg. 4(a) (with reg. 8)

Commencement Information

I98Sch. 6 para. 4 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

Disclosure of informationE+W+S+N.I.

5(1)The Director General must—E+W+S+N.I.

(a)provide to a policing inspectorate such information and documents specified or described in a notification given by the inspectorate to the Director General, and

(b)produce or deliver up to the inspectorate all such evidence and other things so specified or described,

as appear to the inspectorate to be required for the purposes of the exercise of an NCA inspection function.

(2)Anything that the Director General is obliged to provide, produce or deliver up by virtue of a requirement imposed under sub-paragraph (1) must be provided, produced or delivered up in such form and manner, and within such period, as may be specified—

(a)in the notification imposing the requirement, or

(b)in any subsequent notification given by the inspectorate to the Director General.

(3)Nothing in this paragraph requires the Director General—

(a)to comply with an obligation imposed under sub-paragraph (1) before the earliest time at which it is practicable to do so, or

(b)to comply at all with any such obligation if it never becomes practicable to do so.

(4)An NCA officer may disclose information to any policing inspectorate for the purposes of the exercise by any policing inspectorate of an NCA inspection function.

(5)The Secretary of State may, by regulations, make—

(a)further provision about the disclosure of information under sub-paragraph (1) or (4);

(b)provision about the further disclosure of information that has been disclosed under sub-paragraph (1) or (4).

(6)Such regulations may, in particular—

(a)modify any provision of Schedule 7 in its application to such a disclosure, or

(b)disapply any such provision from such a disclosure.

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Commencement Information

I99Sch. 6 para. 5(1)-(4) in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

I100Sch. 6 para. 5(5)(6) in force at 8.5.2013 by S.I. 2013/1042, art. 2(m)

Access to premisesE+W+S+N.I.

6(1)The Director General must secure that a policing inspectorate is given access to premises occupied for the purposes of the NCA and access to documents and other things on those premises if—E+W+S+N.I.

(a)the inspectorate requires such access, and

(b)the requirement is imposed for the purposes of the exercise of an NCA inspection function.

(2)Where there are reasonable grounds for not allowing the inspectorate to have the required access at the time at which the inspectorate seeks to have it, the obligation under sub-paragraph (1) has effect as an obligation to secure that the required access is allowed to the inspectorate at the earliest practicable time specified by the inspectorate after there cease to be any such grounds.

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Commencement Information

I101Sch. 6 para. 6 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

InterpretationE+W+S+N.I.

7In this Part of this Schedule—E+W+S+N.I.

  • HMIC” means Her Majesty's Inspectors of Constabulary;

  • HMIC report” means a report under section 11(3);

  • document” means anything in which information of any description is recorded;

  • inspection” means an inspection under section 11(1) or (2);

  • NCA inspection function” means a function in relation to the inspection of the NCA;

  • policing inspectorate” means—

    (a)

    HMIC or any person carrying out the functions of the HMIC, and

    (b)

    the Scottish inspectors or any person carrying out the functions of the Scottish inspectors.

  • request” means a request under section 11(2) for an inspection;

  • Scottish inspectors” means the inspectors of constabulary for which Part 1 of the Police and Fire Reform (Scotland) Act 2012 provides.

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Commencement Information

I102Sch. 6 para. 7 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

Part 2 E+W+S+N.I.Complaints: other amendments

Police Reform Act 2002E+W+S+N.I.

8The Police Reform Act 2002 is amended as follows.E+W+S+N.I.

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Commencement Information

I103Sch. 6 para. 8 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

9(1)Section 10 (general functions of the IPCC) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In subsection (1)—

(a)in paragraph (g), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”;

(b)omit paragraph (h).

(3)In subsection (3), for paragraphs (ba) and (bb) substitute—

(bc)any regulations under section 26C of this Act (the National Crime Agency);.

(4)Omit subsection (9).

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Commencement Information

I104Sch. 6 para. 9 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

10(1)Section 11 (reports to the Secretary of State) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In subsection (6)—

(a)omit paragraphs (b) and (e);

(b)after paragraph (e) insert—

(f)to the National Crime Agency..

(3)In subsection (8), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(4)Omit subsection (9A).

(5)In subsection (10)—

(a)omit paragraphs (d) and (h);

(b)in paragraph (g), omit “and”;

(c)after paragraph (h) insert ; and

(i)the National Crime Agency..

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Commencement Information

I105Sch. 6 para. 10 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

11(1)Section 15 (general duties) is amended in accordance with this section.E+W+S+N.I.

(2)In subsection (1A), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(3)Omit subsection (1B).

(4)In subsection (3)(c)—

(a)for “Serious Organised Crime Agency” substitute “ National Crime Agency ”;

(b)for “member of the staff of that Agency” substitute “ National Crime Agency officer ”.

(5)In subsections (4)(c) and (5)(c), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(6)In subsection (6)—

(a)for “Serious Organised Crime Agency” substitute “ National Crime Agency ”;

(b)in paragraph (a), for “member of the staff of the Agency” substitute “ a National Crime Agency officer ”.

(7)In subsection (7), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

(8)In subsection (8), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

(9)Omit subsection (8A).

(10)In subsection (9)—

(a)in paragraph (a), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”;

(b)in paragraph (b), for “member of the staff of the Agency” substitute “ National Crime Agency officer ”.

(11)In subsection (10), omit paragraph (b) (and the word “and” at the end of paragraph (a)).

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Commencement Information

I106Sch. 6 para. 11 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

12(1)Section 16 (payment for assistance with investigations) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In subsection (5)(a), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(3)In subsection (6), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

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Commencement Information

I107Sch. 6 para. 12 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

13Omit section 16A (investigations: NPIA involvement).E+W+S+N.I.

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Commencement Information

I108Sch. 6 para. 13 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

14In section 17, omit subsection (6).E+W+S+N.I.

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Commencement Information

I109Sch. 6 para. 14 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

15Omit sections 26A and 26B (agreements about complaints about the Serious Organised Crime Agency or the National Policing Improvement Agency).E+W+S+N.I.

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Commencement Information

I110Sch. 6 para. 15 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

16In section 29 (interpretation of Part 2), in subsection (3), for paragraphs (b) and (c) substitute—E+W+S+N.I.

(ca)a National Crime Agency officer; or.

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Commencement Information

I111Sch. 6 para. 16 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

17(1)Schedule 3 (handling of complaints and conduct matters etc) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In paragraph 16(3), for paragraphs (b) and (c) substitute—

(d)a National Crime Agency officer,.

[F9(3)In paragraph 17(2), for paragraphs (b) and (c) substitute—

(d)a National Crime Agency officer,.]

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Amendments (Textual)

F9Sch. 6 para. 17(3) omitted (E.W.) (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 53

Commencement Information

I112Sch. 6 para. 17 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007E+W+S+N.I.

18(1)The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007(the “2007 Order”) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In article 2 (interpretation), for paragraph (d) substitute—

(d)NCA” means the National Crime Agency;

(e)NCA officer” means a National Crime Agency officer..

(3)In article 4 (agreements to establish complaints procedures), in paragraph (7)—

(a)omit sub-paragraph (b)(iv);

(b)omit sub-paragraph (c)(iii);

(c)after sub-paragraph (c) insert—

(d)any statement made by a person who is, or has been, an NCA officer about the terms and conditions of their service;.

(4)The amendments of the 2007 Order made by section 11 and this Schedule may be amended or revoked as if made in the exercise of the powers under which the 2007 Order was made.

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Commencement Information

I113Sch. 6 para. 18 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

Police (Northern Ireland) Act 1998E+W+S

19In section 61 of the Police (Northern Ireland) Act 1998 (reports), in subsection (5)(c), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.E+W+S

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Extent Information

E27Sch. 6 para. 19: "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Commencement Information

I114Sch. 6 para. 19 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

Section 12

SCHEDULE 7E+W+S+N.I.Information: restrictions on disclosure

Part 1 E+W+S+N.I.Statutory restrictions

1This Part of this Act does not authorise or require—E+W+S+N.I.

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

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

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Commencement Information

I115Sch. 7 para. 1 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Part 2 E+W+S+N.I.Restrictions on disclosures of particular types of information

HMRC & customs informationE+W+S+N.I.

2(1)An NCA officer must not disclose—E+W+S+N.I.

(a)HMRC information,

(b)personal customs information, or

(c)personal customs revenue information,

unless the relevant authority consents to the disclosure.

(2)If an NCA officer has disclosed—

(a)HMRC information,

(b)personal customs information, or

(c)personal customs revenue information,

to a person, that person must not further disclose that information unless the relevant authority consents to the disclosure.

(3)In this paragraph—

  • HMRC information” means information obtained by the NCA from the Commissioners or a person acting on behalf of the Commissioners;

  • personal customs information” and “personal customs revenue information” have the same meanings as in the Borders, Citizenship and Immigration Act 2009 (see section 15(4) of that Act);

  • relevant authority” means—

    (a)

    the Commissioners or an officer of Revenue and Customs (in the case of a disclosure or further disclosure of HMRC information);

    (b)

    the Secretary of State or a designated general customs official (in the case of a disclosure or further disclosure of personal customs information);

    (c)

    the Director of Border Revenue or a designated customs revenue official (in the case of a disclosure or further disclosure of personal customs revenue information).

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Commencement Information

I116Sch. 7 para. 2 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Social security informationE+W+S+N.I.

3(1)An NCA officer must not disclose social security information unless the relevant authority consents to the disclosure.E+W+S+N.I.

(2)If an NCA officer has disclosed social security information to a person, that person must not further disclose that information unless the relevant authority consents to the disclosure.

(3)In this paragraph—

  • relevant authority” means—

    (a)

    the Secretary of State (in the case of a disclosure or further disclosure of information held, when disclosed to the NCA, for the purposes of the functions of the Secretary of State);

    (b)

    the Department for Social Development in Northern Ireland (in the case of a disclosure or further disclosure of information held, when disclosed to the NCA, for the purposes of the functions of a Northern Ireland department);

  • social security information” means information which, when disclosed to the NCA, was information held for the purposes of any of the following functions of the Secretary of State or a Northern Ireland Department—

    (a)

    functions relating to social security, including functions relating to—

    (i)

    statutory payments as defined in section 4C(11) of the Social Security Contributions and Benefits Act 1992;

    (ii)

    maternity allowance under section 35 of that Act;

    (iii)

    statutory payments as defined in section 4C(11) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

    (iv)

    maternity allowance under section 35 of that Act;

    (v)

    schemes and arrangements under section 2 of the Employment and Training Act 1973;

    (b)

    functions relating to the investigation and prosecution of offences relating to tax credits.

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Commencement Information

I117Sch. 7 para. 3 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Intelligence service informationE+W+S+N.I.

4(1)An NCA officer must not disclose intelligence service information unless the relevant authority consents to the disclosure.E+W+S+N.I.

(2)If an NCA officer has disclosed intelligence service information to a person, that person must not further disclose that information unless the relevant authority consents to the disclosure.

(3)In this paragraph—

  • intelligence service” means—

    (a)

    the Security Service,

    (b)

    the Secret Intelligence Service, or

    (c)

    GCHQ (which has the same meaning as in the Intelligence Services Act 1994);

  • intelligence service information” means information obtained from an intelligence service or a person acting on behalf of an intelligence service;

  • relevant authority” means—

    (a)

    the Director-General of the Security Service (in the case of information obtained by the NCA from that Service or a person acting on its behalf);

    (b)

    the Chief of the Secret Intelligence Service (in the case of information obtained by the NCA from that Service or a person acting on its behalf);

    (c)

    the Director of GCHQ (in the case of information obtained from GCHQ or a person acting on its behalf).

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Commencement Information

I118Sch. 7 para. 4 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Arrangements for publishing informationE+W+S+N.I.

5The Director General must not disclose information if the disclosure would be in breach of a requirement that is imposed on the Director General by the framework document in accordance with section 6(2).E+W+S+N.I.

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Commencement Information

I119Sch. 7 para. 5 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Part 3 E+W+S+N.I.Restrictions on further disclosures of information

Information generallyE+W+S+N.I.

6(1)If an NCA officer has disclosed information to a person (the “original recipient”), that person must not further disclose the information unless—E+W+S+N.I.

(a)the disclosure is—

(i)for a purpose connected with any relevant function of the original recipient, or

(ii)otherwise for a permitted purpose, and

(b)the Director General consents to the disclosure.

(2)This paragraph does not apply to a further disclosure of information if—

(a)paragraph 7 or 8 applies, or

(b)the NCA officer's disclosure to the original recipient was a disclosure—

(i)to the Lord Advocate for the purposes of the exercise of the functions of the Lord Advocate under Part 3 of PCA 2002, or

(ii)to the Scottish Ministers for the purposes of the exercise of the functions of the Scottish Ministers under, or in relation to, Part 5 of PCA 2002;

and for provision about the further disclosure of such information, see section 441 of PCA 2002.

(3)In this paragraph “relevant function” means any function of the original recipient for the purposes of which the information was disclosed to that recipient.

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Commencement Information

I120Sch. 7 para. 6 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Information obtained under Part 6 of PCA 2002 & disclosed to CommissionersE+W+S+N.I.

7(1)This paragraph applies to information disclosed by an NCA officer under section 7(7) to the Commissioners.E+W+S+N.I.

(2)The information may be further disclosed by the Commissioners only if the disclosure is—

(a)for a purpose connected with any relevant function of the Commissioners, or

(b)otherwise for a permitted purpose.

(3)The information may be further disclosed by a person other than the Commissioners only if—

(a)the disclosure is—

(i)for a purpose connected with any relevant function of the Commissioners, or

(ii)otherwise for a permitted purpose, and

(b)the Director General consents to the disclosure.

(4)In this paragraph “relevant function” means any function of the Commissioners for the purposes of which the information was disclosed.

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Commencement Information

I121Sch. 7 para. 7 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Information obtained under Part 6 of PCA 2002 & disclosed to Lord AdvocateE+W+S+N.I.

8Information disclosed by an NCA officer under section 7(7) to the Lord Advocate may be further disclosed only if the disclosure is—E+W+S+N.I.

(a)by the Lord Advocate to the Scottish Ministers, and

(b)for the purpose of the exercise by the Scottish Ministers of their functions under Part 5 of PCA 2002.

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Commencement Information

I122Sch. 7 para. 8 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Part 4 E+W+S+N.I.Published information: no restrictions on further disclosure

9(1)This paragraph applies where an NCA officer discloses information, in accordance with this Part of this Act, by—E+W+S+N.I.

(a)the inclusion of the information in an annual plan, framework document or annual report, or

(b)the publication of the information in accordance with arrangements made under section 6.

(2)None of the relevant restrictions applies to the further disclosure of that information by any person.

(3)In this paragraph “relevant restriction” means any provision of this Part of this Act (however expressed) which prohibits or otherwise restricts the further disclosure of information disclosed by an NCA officer (including a provision which limits the purposes for which such information may be further disclosed or which requires a person's consent to be obtained before the further disclosure).

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Commencement Information

I123Sch. 7 para. 9 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Part 5 E+W+S+N.I.Offences relating to wrongful disclosure of information

10(1)An NCA officer commits an offence if—E+W+S+N.I.

(a)the NCA officer discloses information, and

(b)that disclosure breaches the duty under—

(i)paragraph 2(1) (disclosure of HMRC information, personal customs information or personal revenue customs information), or

(ii)paragraph 3(1) (disclosure of social security information).

(2)A person commits an offence if—

(a)the person further discloses information, and

(b)that further disclosure breaches the duty under—

(i)paragraph 2(2) (further disclosure of HMRC information, personal customs information or personal revenue customs information), or

(ii)paragraph 3(2) (further disclosure of social security information).

(3)It is a defence for a person charged with an offence under this paragraph to prove that the person reasonably believed—

(a)that the disclosure was lawful, or

(b)that the information disclosed had already and lawfully been made available to the public.

(4)A prosecution for an offence under this paragraph—

(a)may be brought in England and Wales only with the consent of the Director of Public Prosecutions;

(b)may be brought in Northern Ireland only with the consent of the Director of Public Prosecutions for Northern Ireland.

(5)This paragraph is without prejudice to the pursuit of any remedy or the taking of any action in relation to a breach of a relevant duty.

(6)A person guilty of an offence under this paragraph is liable on conviction on indictment to either or both of the following—

(a)imprisonment for a term not exceeding 2 years;

(b)a fine.

(7)A person guilty of an offence under this paragraph is liable on summary conviction to either or both of the following—

(a)imprisonment for a term not exceeding—

(i)12 months on conviction in England and Wales;

(ii)12 months on conviction in Scotland;

(iii)6 months on conviction in Northern Ireland;

(b)a fine not exceeding the statutory maximum.

(8)In relation to an offence committed before the commencement of section 282 of the Criminal Justice Act 2003 (increase in maximum sentence on summary conviction of offence triable either way), the reference in sub-paragraph (7)(a)(i) to the period of 12 months is to be read as a reference to the period of 6 months.

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Commencement Information

I124Sch. 7 para. 10 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Part 6 E+W+S+N.I.General

ConsentsE+W+S+N.I.

11A consent to disclosure of information under any provision of this Schedule may be given in relation to—E+W+S+N.I.

(a)a particular disclosure, or

(b)disclosures made in circumstances specified or described in the consent.

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Commencement Information

I125Sch. 7 para. 11 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

InterpretationE+W+S+N.I.

12In this Schedule—E+W+S+N.I.

  • Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;

  • PCA 2002” means the Proceeds of Crime Act 2002.

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Commencement Information

I126Sch. 7 para. 12 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Section 15

SCHEDULE 8E+W+S+N.I.Abolition of SOCA and NPIA

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Modifications etc. (not altering text)

Part 1 E+W+S+N.I.Transitional, transitory and saving provision

Transfer schemesE+W+S+N.I.

1(1)The Secretary of State may make—E+W+S+N.I.

(a)one or more staff transfer schemes, and

(b)one or more property transfer schemes.

(2)The Secretary of State may include—

(a)provision under paragraph 2(1)(a)(iv) in a staff transfer scheme, or

(b)provision under paragraph 3(1)(c) in a property transfer scheme,

only if the Secretary of State considers that the provision is appropriate in connection with an order under section 2 (modification of NCA functions).

(3)The Secretary of State must lay before Parliament each staff transfer scheme and each property transfer scheme that is made.

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Commencement Information

I127Sch. 8 para. 1 in force at 8.5.2013 by S.I. 2013/1042, art. 2(n)

2(1)A staff transfer scheme is a scheme which provides—E+W+S+N.I.

(a)for—

(i)a designated member of the staff of SOCA,

(ii)a designated constable in an England and Wales police force,

(iii)a designated member of the civilian staff of an England and Wales police force, or

(iv)a designated member of the personnel or staff of any other person,

to become an NCA officer and, accordingly, to become employed in the civil service of the state;

(b)for a designated member of the staff of the NPIA to become employed in the civil service of the state—

(i)as an NCA officer, or

(ii)in the Home Office;

(c)so far as may be consistent with employment in the civil service of the state, for the terms and conditions of the designated transferee's employment to have effect as the person's terms and conditions of employment as an NCA officer or in the Home Office;

(d)for the transfer to the NCA or the Secretary of State of the rights, powers, duties and liabilities of the employer under or in connection with the designated transferee's contract of employment;

(e)for anything done (or having effect as if done) before that transfer by or in relation to the employer in respect of such a contract or the designated transferee to be treated as having been done by or in relation to the NCA or the Secretary of State.

(2)A staff transfer scheme may provide for a period before a person became employed in the civil service of the state under a staff transfer scheme to count as a period during which the person was employed in the civil service of the state (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).

(3)A staff transfer scheme may provide for a person who would otherwise become employed in the civil service of the state under a staff transfer scheme not to become so employed if the person gives notice objecting to the operation of the scheme in relation to the person.

(4)A staff transfer scheme may provide for any person who would be treated (whether by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.

(5)A staff transfer scheme may provide for a person to become employed in the civil service of the state despite any provision, of whatever nature, which would otherwise prevent the person from being employed in the civil service of the state.

(6)A staff transfer scheme may provide for a person's secondment to SOCA or the NPIA to continue as a secondment of that person to the NCA.

(7)In the application of this paragraph to the transfer of a constable—

(a)a reference to employment (other than employment in the civil service of the state) is a reference to service as a constable;

(b)a reference to a contract of employment is a reference to the terms and conditions of service as a constable;

(c)a reference to the employer is a reference to the chief officer of the police force, and the policing body for the police force, in which the constable serves.

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Commencement Information

I128Sch. 8 para. 2 in force at 8.5.2013 by S.I. 2013/1042, art. 2(n)

3(1)A property transfer scheme is a scheme providing for the transfer to the NCA of designated property, rights or liabilities from—E+W+S+N.I.

(a)SOCA,

(b)the chief officer of, or the policing body for, an England and Wales police force, or

(c)any other person,

or for the transfer to the NCA or the Secretary of State of designated property, rights or liabilities from the NPIA.

(2)A property transfer scheme may—

(a)create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;

(b)provide for anything done by or in relation to a transferor in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the NCA or the Secretary of State;

(c)provide for anything done by a transferor which gives rise to criminal liability to be treated as done by the NCA or the Secretary of State and, in such a case, provide that Crown immunity does not affect the criminal liability of the NCA or Secretary of State;

(d)apportion property, rights and liabilities;

(e)make provision about the continuation of legal proceedings.

(3)The things that may be transferred by a property transfer scheme include—

(a)property, rights and liabilities that could not otherwise be transferred;

(b)property acquired, and rights and liabilities arising, after the making of the scheme.

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Commencement Information

I129Sch. 8 para. 3 in force at 8.5.2013 by S.I. 2013/1042, art. 2(n)

4(1)A staff transfer scheme or a property transfer scheme may make—E+W+S+N.I.

(a)provision for any reference to a transferor in any document or other instrument, contract or legal proceedings to have effect as, or as including, a reference to the NCA or the Secretary of State;

(b)supplementary, incidental, transitional and consequential provision.

(2)A staff transfer scheme may make provision which is the same or similar as provision made by the TUPE regulations (if those regulations do not apply to the transfer).

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Commencement Information

I130Sch. 8 para. 4 in force at 8.5.2013 by S.I. 2013/1042, art. 2(n)

5In paragraphs 2 to 4—E+W+S+N.I.

  • civilian staff”, in relation to an England and Wales police force, means a person employed by the policing body for that force;

  • designated”, in relation to a staff transfer scheme or a property transfer scheme, means specified in, or determined in accordance with, the scheme;

  • designated transferee” means a person in respect of whom a staff transfer scheme makes provision of the kind referred to in paragraph 2(1)(a) or (b);

  • Home Office” means the department of the Secretary of State having responsibility for policing;

  • instrument” includes a designation, authorisation, warrant, or order of any court;

  • transferor”, in relation to a staff transfer scheme or a property transfer scheme, means any of the following to which the scheme relates—

    (a)

    SOCA;

    (b)

    the NPIA;

    (c)

    the chief officer of, or the policing body, for an England and Wales police force;

    (d)

    any other person;

  • TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006.

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Commencement Information

I131Sch. 8 para. 5 in force at 8.5.2013 by S.I. 2013/1042, art. 2(n)

Continuity in relation to functionsE+W+S+N.I.

6(1)The abolition of SOCA or the NPIA does not affect the validity of anything done before the abolition.E+W+S+N.I.

(2)The transfer of a function does not affect the validity of anything done before the transfer.

(3)Sub-paragraphs (4) to (6) apply in relation to the transfer of a function.

(4)Where anything—

(a)relates to the transferred function, and

(b)is in the process of being made or done by or in relation to the transferor immediately before the transfer takes effect,

it may be continued afterwards by or in relation to the transferee.

(5)Where anything—

(a)relates to the transferred function,

(b)has been made or done by or in relation to the transferor, and

(c)is in effect immediately before the transfer takes effect,

it has effect afterwards as if made or done by or in relation to the transferee.

(6)The transferee is to be substituted for the transferor in any documents and other instruments, contracts or legal proceedings which—

(a)relate to the transferred function, and

(b)are made or commenced before the transfer takes effect.

(7)The Secretary of State may, by direction, determine any question under this paragraph as to—

(a)whether there has been a transfer of a particular function, or

(b)the person to whom there has been a transfer of a particular function.

(8)The preceding provisions of this paragraph are without prejudice to the powers under section 60 (transitional, transitory or saving provision).

(9)The following provisions of this paragraph apply for the purposes of this paragraph.

(10)A reference to—

(a)the abolition of SOCA includes a reference to the ending of a person's membership of SOCA or membership of the staff of SOCA;

(b)the abolition of the NPIA includes a reference to the ending of a person's membership of the NPIA or membership of the staff of the NPIA.

(11)A reference to the transfer of a function is a reference to—

(a)the transfer of a SOCA function by or under this Act,

(b)the transfer of an NPIA function by or under this Act, and

(c)the assumption of a third party function by the NCA.

(12)For that purpose—

(a)the reference to the transfer of a SOCA function or NPIA function by or under this Act includes a reference to a case where—

(i)a SOCA function or NPIA function is abolished, and

(ii)a corresponding function is conferred on another person,

by or under this Act;

(b)the reference to the assumption of a third party function by the NCA is a reference to the case where—

(i)a function (other than a SOCA function or an NPIA function) is exercisable before the changeover by a person (the “third party”),

(ii)a corresponding function is included in the NCA functions, and

(iii)a person employed by, or otherwise serving, the third party wholly or partly for the purpose of the exercise of the function becomes an NCA officer;

and references to the transferred function, the transferor and the transferee are to be read accordingly.

(13)A reference to a thing being, or having been, made or done includes—

(a)a reference to—

(i)a document or other instrument being, or having been, made or otherwise produced,

(ii)a contract being, or having been, agreed, and

(iii)legal proceedings being, or having been, brought; and

(b)a reference to a thing being, or having been, made or done under—

(i)a document or other instrument,

(ii)a contract, or

(iii)legal proceedings.

(14)A reference to a thing which relates to a transferred function includes a reference to a thing made or done for the purposes of, or otherwise in connection with, a transferred function.

(15)These expressions have the meanings given—

  • instrument” includes a designation, authorisation, warrant, or order of any court;

  • NPIA functions” means functions of—

    (a)

    the NPIA,

    (b)

    a member of the NPIA, or

    (c)

    a member of the staff of the NPIA;

  • SOCA functions” means functions of—

    (a)

    SOCA,

    (b)

    a member of SOCA, or

    (c)

    a member of the staff of SOCA.

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Commencement Information

I132Sch. 8 para. 6 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Continuity in relation to subordinate legislationE+W+S+N.I.

7(1)After the changeover, the subordinate legislation specified in an entry in the first column of the following table—E+W+S+N.I.

(a)continues to have effect (subject to any subsequent amendment or revocation) as if made under the powers conferred by the provision of this Act specified in the corresponding entry in the second column; and

(b)may be amended or revoked by (in particular) the exercise of the powers conferred by that provision.

Subordinate legislationProvision of this Act
The Serious Organised Crime and Police Act 2005 (Application and Modification of Certain Enactments to Designated Staff of SOCA) Order 2006 (S.I. 2006/987)Paragraphs 27 to 29 of Schedule 5
The International Joint Investigation Teams (International Agreement) Order 2009 (S.I. 2009/3269), insofar as it is made under powers conferred by the Serious Organised Crime and Police Act 2005Paragraph 5(1)(c) of Schedule 4
The Serious Organised Crime and Police Act 2005 (Disclosure of Information by SOCA) Order 2010 (S.I. 2010/1955)Paragraph (p) of the definition of “permitted purpose” in section 16(1)

(2)Insofar as subordinate legislation continues to have effect by virtue of sub-paragraph (1), it does so subject to the following modifications.

The Serious Organised Crime and Police Act 2005 (Application and Modification of Certain Enactments to Designated Staff of SOCA) Order 2006 (S.I. 2006/987)
Articles 2 and 4(4) and paragraph 21 of Schedule 1The reference to section 43(1)(a) of the Serious Organised Crime and Police Act 2005 has effect as a reference to section 9 or 10 of this Act
Articles 3(b) and 4(1)(b)The reference to Chapter 2 of Part 1 of the Serious Organised Crime and Police Act 2005 has effect as a reference to Part 1 of this Act
Article 4(3)The reference to section 46 of the Serious Organised Crime and Police Act 2005 has effect as a reference to Part 4 of Schedule 5 to this Act
Article 5 and Paragraph 6 of Schedule 2The reference to section 43(1)(c) of the Serious Organised Crime and Police Act 2005 has effect as a reference to section 9 or 10 of this Act
Articles 6(b) and 7(1)(b)The reference to Chapter 2 of Part 1 of the Serious Organised Crime and Police Act 2005 has effect as a reference to Part 1 of this Act
Schedule 1Each reference to a SOCA office has effect as a reference to a place for the time being occupied by the National Crime Agency
The International Joint Investigation Teams (International Agreement) Order 2009 (S.I. 2009/3269)
Article 2(d)The reference to sections 30(5)(c) and 57(6)(c) of the Serious Organised Crime and Police Act 2005 has effect as a reference to paragraph 5(1)(c) of Schedule 4 to this Act
The Serious Organised Crime and Police Act 2005 (Disclosure of Information by SOCA) Order 2010 (S.I. 2010/1955)
Article 2The reference to section 33 of the Serious Organised Crime and Police Act 2005 has effect as a reference to the definition of “permitted purpose” in section 16(1) of this Act

(3)The modifications applicable to any subordinate legislation by virtue of sub-paragraph (2) are in addition to any other modifications applicable to that subordinate legislation (whether by virtue of Part 4 of this Schedule or otherwise).

(4)The preceding provisions of this paragraph are without prejudice to sections 59 (consequential amendments) and 60 (transitional, transitory or saving provision).

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Commencement Information

I133Sch. 8 para. 7 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Members of SOCAE+W+S+N.I.

8(1)The Secretary of State may pay such amount (if any) as the Secretary of State thinks appropriate to a person who ceases to be a SOCA board member at the changeover.E+W+S+N.I.

(2)In this paragraph “SOCA board member” means a person who is a member of SOCA by virtue of paragraph 1(1)(a) or (c) of Schedule 1 to the Serious Organised Crime and Police Act 2005 (the chairman and ordinary members).

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Commencement Information

I134Sch. 8 para. 8 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

SOCA annual reports and accountsE+W+S+N.I.

9(1)The repeal of sections 7 and 20 of the Serious Organised Crime and Police Act 2005 (annual reports and accounts) by this Act does not affect the application of those sections, after the changeover, in relation to times before the changeover.E+W+S+N.I.

(2)Sections 7 and 20 of the 2005 Act apply in relation to the final period as they apply to any financial year of SOCA (and, accordingly, references in those sections to a financial year of SOCA include references to the final period).

(3)After the changeover, the duties imposed on SOCA by sections 7 and 20 of the 2005 Act are to be discharged by the Director General of the National Crime Agency.

(4)In this paragraph “final period” means the period which—

(a)begins with the last 1 April to fall before the changeover, and

(b)ends with the changeover.

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Commencement Information

I135Sch. 8 para. 9 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Saving of accrued pension rights etcE+W+S+N.I.

10(1)The amendments of the Superannuation Act 1972 made by Part 2 of this Schedule do not affect the operation of that Act in relation to employment of any of the following kinds by any person—E+W+S+N.I.

(a)employment by SOCA;

(b)employment as a member of the staff of the NPIA.

(2)The amendments of the Police Pensions Act 1976 made by Part 2 of this Schedule do not affect the operation of that Act in relation to service of any of the following kinds by any person—

(a)service as an employee of SOCA;

(b)relevant service within paragraph (ca) or (cb) of section 97(1) of the Police Act 1996;

(c)relevant service within section 38A(1)(ba) of the Police (Scotland) Act 1967;

(d)service as a member of the staff of NPIA.

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Commencement Information

I136Sch. 8 para. 10 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Prospective

Scottish police reformE+W+S+N.I.

11(1)The power conferred by section 60 may, in particular, be exercised to make provision to secure that the NCA provisions have full effect despite the coming into force of particular NCA provisions before the coming into force of particular Scottish police reform provisions.E+W+S+N.I.

(2)Such provision may, in particular, modify a reference in any of the NCA provisions to any person, body or other thing created by the Scottish police reform provisions.

(3)That includes the modification of a reference—

(a)to the Police Service of Scotland, in particular by providing for it to have effect as, or as including, a reference to one or more of the following—

(i)an existing Scottish police force;

(ii)the Scottish Crime and Drugs Enforcement Agency;

(b)to the chief constable of the Police Service of Scotland, in particular by providing for it to have effect as, or as including, a reference to one or more of the following—

(i)the chief constable of an existing Scottish police force;

(ii)the Scottish Crime and Drugs Enforcement Agency;

(iii)the Director General of that Agency;

(c)to the Scottish Police Authority, in particular by providing for it to have effect as, or as including, a reference to one or more of the following—

(i)an existing Scottish police authority;

(ii)the Scottish Crime and Drugs Enforcement Agency;

(iii)the Director General of that Agency;

(iv)the Scottish Police Services Authority;

(d)to constables in the Police Service of Scotland, in particular by providing for it to have effect as, or as including, a reference to one or more of the following—

(i)constables in existing Scottish police forces;

(ii)police members of the Scottish Crime and Drugs Enforcement Agency;

(iii)support staff members of the Scottish Crime and Drugs Enforcement Agency.

(4)In this paragraph—

  • existing Scottish police authority” means a body which is a police authority by virtue of section 2 of the Police (Scotland) Act 1967 or a joint police board constituted in accordance with an amalgamation scheme made under that Act;

  • existing Scottish police force” means a police force maintained under, or by virtue of, section 1 of the Police (Scotland) Act 1967;

  • NCA provisions” means the provisions of this Part of this Act (including any amendments of other enactments made by this Part of this Act);

  • Scottish police reform provisions” means the provisions of Part 1 of the Police and Fire Reform (Scotland) Act 2012.

F10...E+W+S+N.I.

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Amendments (Textual)

F1112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

InterpretationE+W+S+N.I.

13In this Part of this Schedule—E+W+S+N.I.

  • changeover” means the time when section 1 comes into force;

  • NPIA” means the National Policing Improvement Agency;

  • SOCA” means the Serious Organised Crime Agency.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I137Sch. 8 para. 13 in force at 8.5.2013 by S.I. 2013/1042, art. 2(n)

Part 2 E+W+S+N.I.Minor and consequential amendments and repeals

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E29Sch. Pt. 2: "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Explosives Act 1875 (c. 17)E+W+S+N.I.

14(1)Section 75 of the Explosives Act 1875 is amended in accordance with this paragraph.E+W+S+N.I.

(2)In subsection (1), for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

(3)In subsection (2), for the words from “means” to “2005” substitute “ means a National Crime Agency officer who is for the time being designated under section 9 or 10 of the Crime and Courts Act 2013 ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I138Sch. 8 para. 14 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Police (Property) Act 1897 (c. 30)E+W+S+N.I.

15(1)Section 2A of the Police (Property) Act 1897 (application to SOCA) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In the heading, for “SOCA” substitute the National Crime Agency.

(3)In subsection (1), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(4)In subsection (2)—

(a)for “Serious Organised Crime Agency” substitute “ National Crime Agency ”;

(b)in paragraph (a) for “member of staff of that Agency” substitute “ National Crime Agency officer ”.

(5)In subsection (3), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I139Sch. 8 para. 15 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Public Records Act 1958 (c. 51)E+W+S+N.I.

16In Schedule 1 to the Public Records Act 1958, in Part 2 of the table at the end of paragraph 3, omit—E+W+S+N.I.

(a)the entry relating to the National Policing Improvement Agency;

(b)the entry relating to the Serious Organised Crime Agency.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I140Sch. 8 para. 16 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Offices, Shops and Railway Premises Act 1963 (c. 41)E+W+S+N.I.

17In section 90 of the Offices, Shops and Railway Premises Act 1963 (interpretation), in subsection (4)(d), for the words from “Serious” to the end substitute “ National Crime Agency to serve as a National Crime Agency officer ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I141Sch. 8 para. 17 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Parliamentary Commissioner Act 1967 (c. 13)E+W+S+N.I.

18(1)Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In the list of departments etc subject to investigation—

(a)insert at the appropriate place— “ National Crime Agency. ”;

(b)omit—

(i)the entry relating to the National Policing Improvement Agency;

(ii)the entry relating to the Serious Organised Crime Agency.

(3)In the notes after that list, in the note relating to the Serious Organised Crime Agency—

(a)for the title substitute National Crime Agency;

(b)in the note, for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I142Sch. 8 para. 18 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Firearms Act 1968 (c. 27)E+W+S+N.I.

19In the Firearms Act 1968, in section 54 (application of Parts 1 and 2 to Crown Servants), in subsection (3), omit paragraph (c) (and the word “or” at the end of paragraph (b)).E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I143Sch. 8 para. 19 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Superannuation Act 1972 (c. 11)E+W+S+N.I.

20In the Superannuation Act 1972, in Schedule 1 (kinds of employment etc referred to in section 1)—E+W+S+N.I.

(a)omit the entry for employment by the Serious Organised Crime Agency;

(b)omit the entry for employment as a member of the staff of the National Policing Improvement Agency.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I144Sch. 8 para. 20 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Health and Safety at Work etc. Act 1974 (c. 37)E+W+S+N.I.

21(1)Section 51A of the Health and Safety at Work etc. Act 1974 (application of Part 1 to police) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In subsection (2)(b), for “Serious Organised Crime Agency to serve as a member of its staff” substitute “ National Crime Agency to serve as a National Crime Agency officer ”.

(3)In subsection (2E), for paragraph (f) substitute—

(f)paragraph 2 of Schedule 4 to the Crime and Courts Act 2013;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I145Sch. 8 para. 21 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

House of Commons Disqualification Act 1975 (c. 24)E+W+S+N.I.

22In the House of Commons Disqualification Act 1975, in Schedule 1 (offices disqualifying for membership)—E+W+S+N.I.

(a)in Part 2 (bodies of which all members are disqualified), omit—

(i)the entry for the National Policing Improvement Agency;

(ii)the entry for the Serious Organised Crime Agency;

(b)in Part 3 (other disqualifying offices), omit the entry for members of the staff of the Serious Organised Crime Agency.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I146Sch. 8 para. 22 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)E+W+S+N.I.

23In the Northern Ireland Assembly Disqualification Act 1975, in Schedule 1 (offices disqualifying for membership)—E+W+S+N.I.

(a)in Part 2 (bodies of which all members are disqualified), omit—

(i)the entry for the National Policing Improvement Agency;

(ii)the entry for the Serious Organised Crime Agency;

(b)in Part 3 (other disqualifying offices), omit the entry for members of the staff of the Serious Organised Crime Agency.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I147Sch. 8 para. 23 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Police Pensions Act 1976 (c. 35)E+W+S+N.I.

24The Police Pensions Act 1976 is amended as follows.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I148Sch. 8 para. 24 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

25In section 7 (payment of pensions and contributions), in subsection (2)—E+W+S+N.I.

(a)omit—

(i)paragraphs (ca) to (cd);

(ii)paragraph (cf);

(b)after paragraph (d) insert—

(da)a National Crime Agency officer whose service as such is eligible service;

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I149Sch. 8 para. 25 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

26(1)Section 11 (interpretation) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In subsection (1)—

(a)omit—

(i)paragraphs (ba) to (bd);

(ii)paragraph (bf);

(b)in paragraph (bfa) (inserted by Schedule 1 to the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013), in sub-paragraph (vi), for “member of staff of SOCA” substitute “ National Crime Agency officer ”;

(c)after paragraph (c) insert—

(ca)eligible service as a National Crime Agency officer.

(3)In subsection (2A)—

(a)for paragraph (c) substitute—

(c)in relation to any such service as is mentioned in subsection (1)(bfa)(vi) or subsection (1)(ca) above, or any service of the kind described in section 97(1)(cj) of the Police Act 1996, “police pension authority” means the Director General of the National Crime Agency and “pension supervising authority” means the Secretary of State;;

(b)omit paragraph (f).

(4)In subsection (5), omit the definition of “SOCA”.

(5)After subsection (8) insert—

(9)A person's service as a National Crime Agency officer is “eligible service” for the purposes of this Act in any of the following cases.

(10)The first case is where—

(a)the person's service as a National Crime Agency officer is—

(i)service as the Director General, or

(ii)service that is designated for this purpose by the Director General, and

(b)the person is (immediately before beginning that service) a member, or eligible to be a member, of a police pension scheme.

(11)The second case is where—

(a)immediately before beginning the service as a National Crime Agency officer, the person—

(i)is serving as a member of the staff of the Serious Organised Crime Agency, and

(ii)by virtue of that service is, or is eligible to be, a member of a police pension scheme, and

(b)the person becomes a National Crime Agency officer by virtue of a scheme under paragraph 2 of Schedule 8 to the Crime and Courts Act 2013.

(12)The third case is where—

(a)immediately before beginning the service as a National Crime Agency officer, the person—

(i)is serving as a member of a police force, and

(ii)by virtue of that service is, or is eligible to be, a member of a police pension scheme, and

(b)the person becomes a National Crime Agency officer by virtue of a scheme under paragraph 2 of Schedule 8 to the Crime and Courts Act 2013.

(13)In subsections (10) to (12) “police pension scheme” means a pension scheme provided for under—

(a)section 1 above, or

(b)section 25(2)(k) or 26(2)(g) of the Police (Northern Ireland) Act 1998.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I150Sch. 8 para. 26 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)E+W+S+N.I.

27In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in Schedule 1 (ineligibility for and disqualification and excusal from jury service), in Group B in Part 1 (others concerned with the administration of justice), for paragraph (nc) substitute—E+W+S+N.I.

(nc)National Crime Agency officers;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I151Sch. 8 para. 27 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Limitation Act 1980 (c. 58)E+W+S+N.I.

28(1)In section 27A of the Limitation Act 1980 (actions for recovery of property obtained through unlawful conduct etc), in subsection (8), for paragraph (a) substitute—E+W+S+N.I.

(a)the National Crime Agency,.

(2)In section 27B of that Act (actions for recovery of property for purposes of an external order), in subsection (8), for paragraph (a) substitute—

(a)the National Crime Agency,.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I152Sch. 8 para. 28 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Road Traffic Regulation Act 1984 (c. 27)E+W+S+N.I.

29(1)Section 87 of the Road Traffic Regulation Act 1984 (exemptions from speed limits) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In that section (before its amendment by the Road Safety Act 2006), in subsection (2)(a) and (b), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(3)In that section (after its amendment by the Road Safety Act 2006), in subsection (1)(a), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I153Sch. 8 para. 29 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Prosecution of Offences Act 1985 (c. 23)E+W+S+N.I.

30In section 3 of the Prosecution of Offences Act 1985 (functions of the Director of Public Prosecutions), in subsection (2)—E+W+S+N.I.

(a)before paragraph (b) insert—

(ac)to take over the conduct of any criminal proceedings instituted on behalf of the National Crime Agency;;

(b)before paragraph (c) insert—

(bc)where it appears to him appropriate to do so, to institute and have the conduct of any criminal proceedings relating to a criminal investigation by the National Crime Agency;;

(c)after paragraph (ec) insert—

(ed)to give advice, to such extent as he considers appropriate and to such person as he considers appropriate, in relation to—

(i)criminal investigations by the National Crime Agency, or

(ii)criminal proceedings arising out of such investigations;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I154Sch. 8 para. 30 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Ministry of Defence Police Act 1987 (c. 4)E+W+S+N.I.

31(1)Section 2C of the Ministry of Defence Police Act 1987 (constables serving with SOCA) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In the title, for “Serious Organised Crime Agency” substitute National Crime Agency.

(3)In subsection (1)—

(a)for “Serious Organised Crime Agency” (in the first place) substitute “ National Crime Agency ”;

(b)in paragraph (a), for “Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

(4)In subsection (2)(a), for “Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I155Sch. 8 para. 31 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Road Traffic Act 1988 (c. 52)E+W+S+N.I.

32(1)In section 124 of the Road Traffic Act 1988, subsection (1A) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In the first sentence—

(a)for “SOCA instructor” substitute “ NCA instructor ”;

(b)for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(3)In the second sentence—

(a)for “SOCA” substitute “ NCA ”;

(b)for “a member of staff of the Serious Organised Crime Agency” substitute “ an NCA officer ”;

(c)for “members of the Agency's staff” substitute “ NCA officers ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I156Sch. 8 para. 32 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Security Service Act 1989 (c. 5)E+W+S+N.I.

33The Security Service Act 1989 is amended as follows.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I157Sch. 8 para. 33 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

34In section 1 (the Security Service), in subsection (4), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I158Sch. 8 para. 34 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

35In section 2 (the Director General), in subsection (2)(c)—E+W+S+N.I.

(a)for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”;

(b)for “Serious Organised Crime Agency” (in the second place) substitute “ National Crime Agency ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I159Sch. 8 para. 35 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Official Secrets Act 1989 (c. 6)E+W+S+N.I.

36In the Official Secrets Act 1989, in section 12 (meanings of “crown servant” and “government contractor”), in subsection (1)(e), for “of the Serious Organised Crime Agency” substitute “ an NCA special (within the meaning of Part 1 of the Crime and Courts Act 2013) ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I160Sch. 8 para. 36 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))E+W+S+N.I.

37In Article 72A of the Limitation (Northern Ireland) Order 1989 (actions for recovery of property obtained through unlawful conduct etc), in paragraph (8), for sub-paragraph (a) substitute—E+W+S+N.I.

(a)the National Crime Agency,.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I161Sch. 8 para. 37 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Police Act 1996 (c. 16)E+W+S+N.I.

38The Police Act 1996 is amended as follows.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I162Sch. 8 para. 38 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

39In section 57 (common services), in subsections (3A) and (4)(c), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I163Sch. 8 para. 39 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

40In section 59 (police federations), omit subsection (7A).E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I164Sch. 8 para. 40 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

41In section 61 (the Police Negotiating Board for Great Britain), in subsection (1), omit paragraph (bb).E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I165Sch. 8 para. 41 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

42(1)Section 62 (functions of the Police Negotiating Board with respect to regulations) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In subsection (1), omit paragraph (d) (and the word “or” at the end of paragraph (c)).

(3)Omit subsections (1D) and (1E).

(4)In subsection (2), for “(1A), (1D) or (1E)” substitute “ or (1A) ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I166Sch. 8 para. 42 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

43In section 63 (Police Advisory Boards for England and Wales and for Scotland), omit subsections (1C) and (3)(c).E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I167Sch. 8 para. 43 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

44In section 64 (membership of trade unions), omit subsections (4C) and (4D).E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I168Sch. 8 para. 44 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

45In section 88 (liability for wrongful acts of constables), in subsection (5A), for the words from “section 23” to “Agency” substitute “ Part 3 of Schedule 3 to the Crime and Courts Act 2013, a National Crime Agency officer ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I169Sch. 8 para. 45 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

46In section 90 (impersonation etc), omit subsection (4)(ab).E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I170Sch. 8 para. 46 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

47In section 91 (causing disaffection), omit subsection (2)(aa).E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I171Sch. 8 para. 47 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

48(1)Section 97 (police officers engaged on service outside their force) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In subsection (1)—

(a)omit—

(i)paragraph (cf);

(ii)paragraph (cg);

(b)after paragraph (ci) insert—

(cj)temporary service as a National Crime Agency officer on which a person is engaged with the consent of the appropriate authority;.

(3)In subsection (6)(a)—

(a)omit “(cf), (cg)”;

(b)after “(ci)” insert “ , (cj) ”.

(4)In subsection (8), omit “(cf), (cg)”.

(5)After subsection (8) insert—

(8A)A person who is member of a police force engaged on relevant service within paragraph (cj) of subsection (1) shall be treated for the purposes of sections 59, 60 and 64 as if the person were a member of that police force.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I172Sch. 8 para. 48 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Employment Rights Act 1996 (c. 18)E+W+S+N.I.

49The Employment Rights Act 1996 is amended as follows.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I173Sch. 8 para. 49 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

50In section 43KA (application of this Part and related provisions to police), in subsection (2)(b), for “Serious Organised Crime Agency to serve as a member of its staff” substitute “ National Crime Agency to serve as a National Crime Agency officer ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I174Sch. 8 para. 50 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

51In section 134A (application to police), in subsection (3), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I175Sch. 8 para. 51 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9))E+W+S+N.I.

52The Proceeds of Crime (Northern Ireland) Order 1996 is amended as follows.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I176Sch. 8 para. 52 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

53(1)Article 49 (additional investigation powers) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In paragraph (1A), for “a senior member of staff of the Serious Organised Crime Agency” substitute “ a senior National Crime Agency officer ”.

(3)In paragraph (1B), for “a member of staff of the Serious Organised Crime Agency” substitute “ a National Crime Agency officer ”.

(4)In paragraph (5), in the definition of “senior member of staff of the Serious Organised Crime Agency”—

(a)for “a senior member of staff of the Serious Organised Crime Agency” substitute “ a senior National Crime Agency officer ”;

(b)in paragraph (a), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”;

(c)in paragraph (b), for “any member of staff of the Agency” substitute “ any National Crime Agency officer ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I177Sch. 8 para. 53 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

54In Schedule 2 (financial investigations), in paragraph 3A(4)(a), for “member of staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I178Sch. 8 para. 54 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Police Act 1997 (c. 50)E+W+S+N.I.

55The Police Act 1997 is amended as follows.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I179Sch. 8 para. 55 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

56(1)Section 93 (authorisations to interfere with property etc) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In subsections (1B) and (3)(b), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

(3)In subsection (5), for paragraph (f) substitute—

(f)the Director General of the National Crime Agency, or any other National Crime Agency officer who is designated for the purposes of this paragraph by that Director General;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I180Sch. 8 para. 56 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

57In section 94 (authorisations given in absence of authorising officer), in subsection (2)(e), for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I181Sch. 8 para. 57 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

58In section 97 (authorisations requiring approval), in subsection (6B)(b), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I182Sch. 8 para. 58 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

59In section 107 (supplementary provisions relating to Commissioners), in subsection (4)(b), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I183Sch. 8 para. 59 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

60In section 113B (enhanced criminal record certificates)—E+W+S+N.I.

(a)in subsection (10), omit paragraphs (f) and (g);

(b)in subsection (11)(b), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I184Sch. 8 para. 60 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Police (Northern Ireland) Act 1998 (c. 32)E+W+S+N.I.

61The Police (Northern Ireland) Act 1998 is amended as follows.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I185Sch. 8 para. 61 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

62In section 27 (members of the Police Service of Northern Ireland engaged on other police service), in subsection (1)—E+W+S+N.I.

(a)in paragraph (cb), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”;

(b)omit paragraph (cc).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I186Sch. 8 para. 62 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Northern Ireland Act 1998 (c. 47)E+W+S+N.I.

63In the Northern Ireland Act 1998, in Schedule 3 (reserved matters), in paragraph 9(1), for sub-paragraph (g) substitute—E+W+S+N.I.

(g)the National Crime Agency;.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I187Sch. 8 para. 63 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Immigration and Asylum Act 1999 (c. 33)E+W+S+N.I.

64The Immigration and Asylum Act 1999 is amended as follows.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I188Sch. 8 para. 64 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

65In section 20 (supply of information to Secretary of State), in subsection (1)(b), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I189Sch. 8 para. 65 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

66(1)Section 21 (supply of information by Secretary of State) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In subsection (2), for paragraph (b) substitute—

(b)the National Crime Agency, for use in connection with the discharge of any function of that Agency;.

(3)Omit subsection (4).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I190Sch. 8 para. 66 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Terrorism Act 2000 (c. 11)E+W+S+N.I.

67The Terrorism Act 2000 is amended as follows.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I191Sch. 8 para. 67 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

68In section 19 (disclosure of information: duty), in subsection (7B), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I192Sch. 8 para. 68 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

69In section 20 (disclosure of information: permission), in subsection (5), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I193Sch. 8 para. 69 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

70In section 21ZA (arrangements with prior consent), in subsection (5), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I194Sch. 8 para. 70 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

71In section 21ZB (disclosure after entering into arrangements), in subsection (4), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I195Sch. 8 para. 71 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

72In section 21A (failure to disclosure: regulated sector), in subsection (14), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I196Sch. 8 para. 72 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

73In section 21B (protected disclosures), in subsection (7), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I197Sch. 8 para. 73 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

74(1)Section 21C (disclosures to SOCA) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In the title for “SOCA” substitute the National Crime Agency.

(3)In subsections (1) and (2), for “member of staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I198Sch. 8 para. 74 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

75In section 21D (tipping off: regulated sector), in subsection (2)(d), for “member of staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I199Sch. 8 para. 75 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

76In Schedule 14 (exercise of officers' powers), in paragraph 4 (information), for sub-paragraph (1)(d) substitute—E+W+S+N.I.

(d)to the National Crime Agency;.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I200Sch. 8 para. 76 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Regulation of Investigatory Powers Act 2000 (c. 23)E+W+S+N.I.

77The Regulation of Investigatory Powers Act 2000 is amended as follows.E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I201Sch. 8 para. 77 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

78In section 6 (application for issue of an interception warrant), in subsection (2), for paragraph (d) substitute—E+W+S+N.I.

(d)the Director General of the National Crime Agency;.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I202Sch. 8 para. 78 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

79In section 17 (exclusion of matters from legal proceedings), in subsection (3), omit paragraph (c).E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I203Sch. 8 para. 79 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

80In section 19 (offence for unauthorised disclosures), in subsection (2), omit paragraph (c).E+W+S+N.I.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I204Sch. 8 para. 80 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

81(1)Section 25 (interpretation of Chapter 2) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In subsection (1), in the definition of “relevant public authority”, for paragraph (b) substitute—

(b)the National Crime Agency;.

(3)In subsection (3A), for the words from “Serious” to the end substitute “ National Crime Agency include references to any National Crime Agency officer. ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I205Sch. 8 para. 81 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

82In section 32 (authorisation of intrusive surveillance), in subsection (6), for paragraph (k) substitute—E+W+S+N.I.

(k)the Director General of the National Crime Agency and any National Crime Agency officer who is designated for the purposes of this paragraph by that Director General;.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I206Sch. 8 para. 82 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

83(1)Section 33 (rules of grant of authorisations) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In subsection (1A), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(3)In subsection (3A)—

(a)for “The Director General of the Serious Organised Crime Agency” substitute “ The Director General of the National Crime Agency ”;

(b)for “member of staff of the Agency” substitute “ National Crime Agency officer ”.

(4)In subsection (5)(a), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I207Sch. 8 para. 83 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

84(1)Section 34 (grant of authorisation in the senior officer's absence) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In subsection (1)(a), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

(3)In subsection (4)(j), for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I208Sch. 8 para. 84 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

85(1)Section 35 (notifications of authorisations for intrusive surveillance) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In subsection (1), for “SOCA” substitute “ the National Crime Agency ”.

(3)In subsection (10)—

(a)for “SOCA” substitute “ the National Crime Agency ”;

(b)in paragraph (a), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I209Sch. 8 para. 85 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

86(1)Section 36 (approval required for authorisations to take effect) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In subsection (1), for paragraph (b) substitute—

(b)a National Crime Agency officer;.

(3)In subsection (6)(b) and (d), for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I210Sch. 8 para. 86 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

87In section 37 (quashing of police and Revenue and Customs authorisations etc), in subsection (1), for paragraph (b) substitute—E+W+S+N.I.

(b)a National Crime Agency officer;.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I211Sch. 8 para. 87 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

88In section 40 (information to be provided to Surveillance Commissioners), for paragraph (b) substitute—E+W+S+N.I.

(b)every National Crime Agency officer,.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I212Sch. 8 para. 88 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

89In section 46 (restrictions on authorisations extending to Scotland), in subsection (3), for paragraph (db) substitute—E+W+S+N.I.

(db)the National Crime Agency;.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C4Sch. 8 modified (7