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Crime and Courts Act 2013

2013 CHAPTER 22

An Act to establish, and make provision about, the National Crime Agency; to abolish the Serious Organised Crime Agency and the National Policing Improvement Agency; to make provision about the judiciary and the structure, administration, proceedings and powers of courts and tribunals; to make provision about deferred prosecution agreements; to make provision about border control; to make provision about drugs and driving; and for connected purposes.

[25th April 2013]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1U.K.The National Crime Agency

The NCA and its officersU.K.

1The National Crime AgencyU.K.

(1)A National Crime Agency, consisting of the NCA officers, is to be formed.

(2)The NCA is to be under the direction and control of one of the NCA officers, who is to be known as the Director General of the National Crime Agency.

(3)The NCA is to have—

(a)the functions conferred by this section;

(b)the functions conferred by the Proceeds of Crime Act 2002; and

(c)the other functions conferred by this Act and by other enactments.

(4)The NCA is to have the function (the “crime-reduction function”) of securing that efficient and effective activities to combat organised crime and serious crime are carried out (whether by the NCA, other law enforcement agencies, or other persons).

(5)The NCA is to have the function (the “criminal intelligence function”) of gathering, storing, processing, analysing, and disseminating information that is relevant to any of the following—

(a)activities to combat organised crime or serious crime;

(b)activities to combat any other kind of crime;

(c)exploitation proceeds investigations (within the meaning of section 341(5) of the Proceeds of Crime Act 2002), exploitation proceeds orders (within the meaning of Part 7 of the Coroners and Justice Act 2009), and applications for such orders.

(6)The NCA must discharge the crime-reduction function in the following ways (in particular).

(7)The first way is by the NCA itself—

(a)preventing and detecting organised crime and serious crime,

(b)investigating offences relating to organised crime or serious crime, and

(c)otherwise carrying out activities to combat organised crime and serious crime, including by instituting criminal proceedings in England and Wales and Northern Ireland.

(8)The second way is by the NCA securing that activities to combat organised crime or serious crime are carried out by persons other than the NCA.

(9)The third way is by the NCA securing improvements—

(a)in co-operation between persons who carry out activities to combat organised crime or serious crime, and

(b)in co-ordination of activities to combat organised crime or serious crime.

(10)The crime-reduction function does not include—

(a)the function of the NCA itself prosecuting offences; or

(b)the function of the NCA itself instituting criminal proceedings in Scotland.

(11)In this Part, a reference to activities to combat crime (or a particular kind of crime, such as organised crime or serious crime) is a reference to—

(a)the prevention and detection of crime (or that kind of crime),

(b)the investigation and prosecution of offences (or offences relating to that kind of crime),

(c)the reduction of crime (or that kind of crime) in other ways, and

(d)the mitigation of the consequences of crime (or that kind of crime);

and references to the carrying out of activities to combat crime (or a particular kind of crime) are to be construed accordingly.

(12)Schedule 1 (the NCA & NCA officers) has effect.

Commencement Information

I1S. 1(1)(2) in force at 27.5.2013 by S.I. 2013/1042, art. 3(a)

I2S. 1(3)-(11) in force at 7.10.2013 by S.I. 2013/1682, art. 3(a)

I3S. 1(12) in force at 27.5.2013 for specified purposes by S.I. 2013/1042, art. 3(b)

I4S. 1(12) in force at 7.10.2013 in so far as not already in force by S.I. 2013/1682, art. 3(b)

2Modification of NCA functionsU.K.

(1)The Secretary of State may, by order, make—

(a)provision about NCA counter-terrorism functions (and, in particular, may make provision conferring, removing, or otherwise modifying such functions); and

(b)other provision which the Secretary of State considers necessary in consequence of provision made under paragraph (a) (and, in particular, may make provision about the functions of any person other than the NCA, including provision conferring or otherwise modifying, but not removing, such functions).

(2)If an order under this section confers an NCA counter-terrorism function, an NCA officer may only carry out activities in Northern Ireland for the purpose of the discharge of the function if the NCA officer does so with the agreement of the Chief Constable of the Police Service of Northern Ireland.

(3)That includes cases where an order under this section confers an NCA counter-terrorism function by the modification of a function.

(4)An order under this section may amend or otherwise modify this Act or any other enactment.

(5)An order under this section is subject to the super-affirmative procedure (see section 58 and Schedule 23).

(6)In this section “NCA counter-terrorism function” means an NCA function relating to terrorism (and for this purpose “terrorism” has the same meaning as in the Terrorism Act 2000 — see section 1 of that Act).

Commencement Information

I5S. 2 in force at 7.10.2013 by S.I. 2013/1682, art. 3(c)

3Strategic prioritiesU.K.

(1)The Secretary of the State must determine strategic priorities for the NCA.

(2)In determining strategic priorities for the NCA (including deciding whether there should be such priorities), the Secretary of State must consult—

(a)the strategic partners,

(b)the Director General, and

(c)any other persons whom the Secretary of State considers it is appropriate to consult.

Extent Information

E1S. 3(2)(a): "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

Modifications etc. (not altering text)

Commencement Information

I6S. 3 in force at 27.5.2013 by S.I. 2013/1042, art. 3(c)

4OperationsU.K.

(1)The Director General has (by virtue of the function of direction and control of the NCA) the power to decide—

(a)which particular operations are to be mounted by NCA officers, and

(b)how such operations are to be conducted.

(2)In exercising functions, the Director General must have regard to—

(a)any strategic priorities for the NCA (see section 3);

(b)the annual plan (see below); and

(c)the framework document (see Part 1 of Schedule 2).

(3)Before the beginning of each financial year, the Director General must issue a document (the “annual plan”) setting out how the Director General intends that NCA functions are to be exercised during that year (including how they are to be exercised in Scotland and Northern Ireland).

(4)The annual plan for a financial year must include—

(a)a statement of any strategic priorities for the NCA,

(b)a statement of the operational priorities for the NCA, and

(c)in relation to each of the strategic and operational priorities, an explanation of how the Director General intends that the priority will be given effect to.

(5)The Director General must determine operational priorities for the NCA; and those priorities may relate—

(a)to matters to which current strategic priorities also relate, or

(b)to other matters;

but operational priorities must, in any event, be framed so as to be consistent with the current strategic priorities.

(6)In preparing any annual plan, the Director General must consult—

(a)the strategic partners [F1and the Northern Ireland Policing Board], and

(b)any other persons whom the Director General considers it is appropriate to consult.

(7)The Director General is required by subsection (6)(a)—

(a)to consult the Scottish Ministers about the annual plan only as it relates to activities in Scotland; and

(b)to consult the Department of Justice in Northern Ireland [F2and the Northern Ireland Policing Board] about the annual plan only as it relates to activities in Northern Ireland.

(8)Before issuing any annual plan, the Director General must obtain—

(a)the consent of the Secretary of State to the plan,

(b)the consent of the Scottish Ministers to the plan as it relates to activities in Scotland, and

(c)the consent of the Department of Justice in Northern Ireland [F3and the Northern Ireland Policing Board] as it relates to activities in Northern Ireland.

(9)The Director General must arrange for each annual plan to be published in the manner which the Director General considers appropriate.

(10)Schedule 2 (the framework document & annual report) has effect.

Extent Information

E2S. 4(6)(a)(7)(b)(8)(c): "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

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I7S. 4(1) in force at 7.10.2013 by S.I. 2013/1682, art. 3(d)

I8S. 4(2)-(9) in force at 27.5.2013 by S.I. 2013/1042, art. 3(d)

I9S. 4(10) in force at 27.5.2013 for specified purposes by S.I. 2013/1042, art. 3(e)

I10S. 4(10) in force at 7.10.2013 in so far as not already in force by S.I. 2013/1682, art. 3(e)

Other functions etc.U.K.

5Relationships between NCA and other agencies: tasking etcU.K.

(1)Any of the following persons may perform a task if the Director General requests the person to perform it—

(a)the chief officer of a UK police force;

(b)a UK law enforcement agency.

(2)A request under subsection (1)—

(a)may be made only if the Director General considers that performance of the task would assist the NCA to exercise functions;

(b)must explain how performance of the requested task would so assist the exercise of functions.

(3)The Director General may perform a task if any of the following persons requests the Director General to perform it—

(a)the chief officer of a UK police force;

(b)a UK law enforcement agency.

(4)A request under subsection (3)—

(a)may be made only if the person making it considers that performance of the task would assist that person — or, in a case where that person is the chief officer of a police force, would assist that person or police force — to exercise functions;

(b)must explain how performance of the requested task would so assist the exercise of functions.

(5)The Director General may direct any of the following persons to perform a task specified in the direction—

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

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

(6)The Director General may give a direction under subsection (5) only if the Director General considers that—

(a)performance of the task would assist the NCA to exercise functions;

(b)it is expedient for the directed person to perform that task; and

(c)satisfactory arrangements cannot be made, or cannot be made in time, under subsection (1).

(7)A person given a direction under this section must comply with it.

(8)If a person is requested or directed under this section to perform a task, the person may comply with that request or direction by securing that the task is performed by another person.

(9)The Director General may give a direction under this section to the Chief Constable of the British Transport Police only if the Secretary of State consents.

(10)Schedule 3 (relationships between NCA and other agencies) has effect.

(11)This section has effect subject to Part 5 (payment for tasks etc) of Schedule 3.

(12)Paragraph 33 of Schedule 3 gives the Secretary of State power to amend this section.

Commencement Information

I11S. 5(1)-(9) (11) (12) in force at 7.10.2013 by S.I. 2013/1682, art. 3(f)

I12S. 5(10) in force at 8.5.2013 for specified purposes by S.I. 2013/1042, art. 2(a)

I13S. 5(10) in force at 7.10.2013 in so far as not already in force by S.I. 2013/1682, art. 3(g)

6Duty to publish informationU.K.

(1)The Director General must—

(a)make arrangements for publishing information about the exercise of NCA functions and other matters relating to the NCA, and

(b)publish information in accordance with those arrangements.

(2)The framework document may impose on the Director General requirements in relation to performance of the duties imposed by subsection (1) (including requirements about what information is not to be published).

(3)The Director General must comply with any such requirements in the framework document (and accordingly the duty in section 4(2)(c) to have regard to that document does not apply in relation to such requirements).

(4)This section is subject to Schedule 7 (information: restrictions on disclosure).

Commencement Information

I14S. 6(1)(3)(4) in force at 7.10.2013 by S.I. 2013/1682, art. 3(h)

I15S. 6(2) in force at 27.5.2013 by S.I. 2013/1042, art. 3(f)

7Information gatewaysU.K.

(1)A person may disclose information to the NCA if the disclosure is made for the purposes of the exercise of any NCA function.

(2)Subsection (1) does not authorise any of the following to disclose information to the NCA—

(a)a person serving in the Security Service;

(b)a person serving in the Secret Intelligence Service;

(c)a person serving in GCHQ;

but this does not affect the disclosures which such a person may make to the NCA in accordance with intelligence service disclosure arrangements.

(3)Information obtained by the NCA in connection with the exercise of any NCA functions may be used by the NCA in connection with the exercise of any other NCA function.

(4)An NCA officer may disclose information obtained by the NCA in connection with the exercise of any NCA function if the disclosure is for any permitted purpose.

(5)Subsection (4) authorises an NCA officer to disclose information for the purpose of the exercise of—

(a)the functions of the Lord Advocate under Part 3 of the Proceeds of Crime Act 2002 (“PCA 2002”), or

(b)the functions of the Scottish Ministers under, or in relation to, Part 5 of PCA 2002,

only where the information has been obtained by the NCA in connection with the exercise of a function under PCA 2002 (other than a function under Part 6 of that Act).

(6)Where information has been obtained by the NCA in connection with the exercise of a function under Part 6 of PCA 2002 (revenue functions), subsection (4) does not authorise an NCA officer to disclose the information.

(7)But an NCA officer may disclose the information if the disclosure is—

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

(b)to the Lord Advocate for the purposes of the exercise by the Lord Advocate of the Lord Advocate's functions under Part 3 of PCA 2002 (confiscation: Scotland),

(c)to any person for purposes relating to civil proceedings (whether or not in the United Kingdom) which relate to a matter in respect of which the NCA has functions, or

(d)to any person for the purposes of compliance with an order of a court or tribunal (whether or not in the United Kingdom).

(8)A disclosure of information which is authorised or required by this Part does not breach—

(a)an obligation of confidence owed by the person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(9)This section is subject to Schedule 7 (information: restrictions on disclosure).

(10)In this section—

Commencement Information

I16S. 7 in force at 7.10.2013 by S.I. 2013/1682, art. 3(i)

8Other functions etcU.K.

(1)In section 11 of the Children Act 2004 (arrangements to safeguard and promote welfare of children: England), in subsection (1), after paragraph (i) insert—

“(ia)the National Crime Agency;”.

(2)In section 28 of the Children Act 2004 (arrangements to safeguard and promote welfare of children: Wales), in subsection (1), after paragraph (e) insert—

“(ea)the National Crime Agency;”.

(3)The Director General may provide assistance to—

(a)a government in a country or territory outside the British Islands, or

(b)another overseas body exercising functions of a public nature in a country or territory outside the British Islands,

if the government, or the body, requests assistance to be provided.

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

(5)Subsection (3) does not apply to any request for assistance which could be made under section 13 of the Crime (International Co-operation) Act 2003, unless the NCA has functions under that section in relation to the request by virtue of an order under section 27(2) of that Act.

(6)Schedule 4 (NCA: general) has effect.

Commencement Information

I17S. 8(1)-(5) in force at 7.10.2013 by S.I. 2013/1682, art. 3(j)

I18S. 8(6) in force at 8.5.2013 for specified purposes by S.I. 2013/1042, art. 2(b)

I19S. 8(6) in force at 7.10.2013 in so far as not already in force by S.I. 2013/1682, art. 3(k)

9Director General: customs powers of Commissioners & operational powersU.K.

(1)The Director General has, in relation to any customs matter, the same powers as the Commissioners for Her Majesty's Revenue and Customs would have.

(2)The Secretary of State may designate the Director General as a person having one or more of the following—

(a)the powers and privileges of a constable;

(b)the powers of an officer of Revenue and Customs;

[F4(ba)the powers of a general customs official;]

(c)the powers of an immigration officer.

(3)The Secretary of State may modify or withdraw a designation of the Director General by giving notice of the modification or withdrawal to the Director General.

(4)Schedule 5 (police, customs and immigration powers) has effect.

(5)If, in accordance with paragraph 4 of Schedule 5, recommendations are made to the Secretary of State as to the operational powers which the Director General should have, the Secretary of State must exercise the powers of designation to give effect to those recommendations (unless the recommendations are already given effect to by a previous exercise of the powers of designation).

(6)The Secretary of State may not exercise the powers of designation unless—

(a)required to do so by subsection (5); or

(b)required or otherwise authorised to do so by regulations under paragraph 5 of Schedule 5.

(7)In this section “powers of designation” means the powers conferred by subsections (2) and (3).

(8)In this Part—

Textual Amendments

F4S. 9(2)(ba) 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(2)(a), 183(5)(e)(6)(c)

F5Words in s. 9(8) 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(2)(b), 183(5)(e)(6)(c)

Commencement Information

I20S. 9(1)-(3)(5)-(8) in force at 7.10.2013 by S.I. 2013/1682, art. 3(l)

I21S. 9(4) in force at 8.5.2013 for specified purposes by S.I. 2013/1042, art. 2(c)

I22S. 9(4) in force at 27.5.2013 for specified purposes by S.I. 2013/1042, art. 3(g)

I23S. 9(4) in force at 7.10.2013 in so far as not already in force by S.I. 2013/1682, art. 3(m)

10Operational powers of other NCA officersU.K.

(1)The Director General may designate any other NCA officer as a person having one or more of the following—

(a)the powers and privileges of a constable;

(b)the powers of an officer of Revenue and Customs;

[F6(ba)the powers of a general customs official;]

(c)the powers of an immigration officer.

(2)The Director General may not designate an NCA officer under this section as having particular operational powers unless the Director General is satisfied that the officer—

(a)is capable of effectively exercising those powers;

(b)has received adequate training in respect of the exercise of those powers; and

(c)is otherwise a suitable person to exercise those powers.

(3)The Director General may modify or withdraw a designation of an NCA officer by giving notice of the modification or withdrawal to the officer.

(4)For further provision about designations under this section, see Schedule 5.

Textual Amendments

F6S. 10(1)(ba) 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(3), 183(5)(e)(6)(c)

Commencement Information

I24S. 10 in force at 7.10.2013 by S.I. 2013/1682, art. 3(n)

GeneralU.K.

11Inspections and complaintsU.K.

(1)Her Majesty's Inspectors of Constabulary (“HMIC”) must carry out inspections of the NCA.

(2)HMIC must also carry out an inspection of the NCA if requested to do so by the Secretary of State either—

(a)generally, or

(b)in respect of a particular matter.

[F7(2A)The Secretary of State must consult the Department of Justice in Northern Ireland before requesting HMIC to carry out an inspection in respect of a particular matter which relates only to the exercise of NCA functions in Northern Ireland.

(2B)The Department of Justice may request that HMIC carry out an inspection in respect of a particular matter that relates only to the exercise of NCA functions in Northern Ireland, but only with the consent of the Secretary of State.]

(3)Following an inspection under this section, HMIC must report to the Secretary of State on the efficiency and effectiveness of the NCA either—

(a)generally, or

(b)in the case of an inspection under subsection (2)(b), in respect of the matter to which the inspection related.

(4)HMIC must carry out such other duties for the purpose of furthering the efficiency and effectiveness of the NCA as the Secretary of State may from time to time direct.

(5)Paragraphs 2 and 5 of Schedule 4A to the Police Act 1996 (inspection programmes and inspection frameworks) apply to functions of inspection and reporting under this section as they apply to other such functions.

(6)In the Police Reform Act 2002, after section 26B insert—

“26CThe National Crime Agency

(1)The Secretary of State must make regulations conferring functions on the Independent Police Complaints Commission in relation to the exercise of functions by the Director General and other National Crime Agency officers.

(2)Regulations under this section may, in particular—

(a)apply (with or without modifications), or make provision similar to, any provision of or made under this Part of this Act;

(b)make provision for payment by the National Crime Agency to, or in respect of, the Independent Police Complaints Commission.

(3)Regulations under this section must relate only to the exercise of functions in, or in relation to, England and Wales.

(4)The Independent Police Complaints Commission and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—

(a)the Independent Police Complaints Commission has functions by virtue of this section, and

(b)the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.

(5)A National Crime Agency officer may disclose information to the Independent Police Complaints Commission, or to a person acting on the Commission's behalf, for the purposes of the exercise by the Commission, or by any person acting on the Commission's behalf, of an NCA complaints function.

(6)The Independent Police Complaints Commissioner and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—

(a)by virtue of this section, or

(b)under the Parliamentary Commissioner Act 1967.

(7)Regulations under this section may, in particular, make—

(a)further provision about the disclosure of information under subsection (5) or (6);

(b)provision about the further disclosure of information that has been so disclosed;

including provision which applies (with or without modifications), or is similar to, any provision of Schedule 7 to the Crime and Courts Act 2013.

(8)Except as provided for in regulations under this section, that Schedule to that Act does not apply to—

(a)the disclosure of information under subsection (5) or (6), or

(b)the further disclosure of information so disclosed.

(9)In this section “NCA complaints function” means a function in relation to the exercise of functions by the Director General or any other National Crime Agency officer.”

(7)In the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007, in article 4(4) (agreements to establish complaints procedures)—

(a)for “SOCA” (in the first place) substitute “ the National Crime Agency ”;

(b)for “SOCA and members of the staff of SOCA” substitute “ the National Crime Agency and National Crime Agency officers ”.

(8)In section 60ZA of the Police (Northern Ireland) Act 1998 (Serious Organised Crime Agency: complaints)—

(a)in the title, for “Serious Organised Crime Agency” substitute “ The National Crime Agency ”;

(b)in subsection (1), for “members of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officers ”;

(c)in subsection (6), for “member of the staff of the Agency” substitute “ National Crime Agency officer ”;

(d)omit subsection (7).

(9)Schedule 6 (inspections and complaints) has effect.

Extent Information

E3S. 11(8): "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

Textual Amendments

Commencement Information

I25S. 11(1)-(5)(7)-(8) in force at 7.10.2013 by S.I. 2013/1682, art. 3(o)

I26S. 11(6) in force at 8.5.2013 for specified purposes by S.I. 2013/1042, art. 2(d)

I27S. 11(6) in force at 7.10.2013 in so far as not already in force by S.I. 2013/1682, art. 3(p)

I28S. 11(9) in force at 8.5.2013 for specified purposes by S.I. 2013/1042, art. 2(e)

I29S. 11(9) in force at 7.10.2013 in so far as not already in force by S.I. 2013/1682, art. 3(q)

12Information: restrictions on disclosure etcU.K.

(1)Schedule 7 (information: restrictions on disclosure) has effect.

(2)Schedule 7 applies to disclosures made for the purposes of the criminal intelligence function.

(3)Any duty to disclose information imposed on an NCA officer (including the duty of the Director General under paragraph 4 or 6 of Schedule 3 to disclose information by keeping other persons informed of information obtained by the NCA), and any power of an NCA officer to disclose information, has effect subject to Schedule 7.

(4)Subsections (2) and (3) do not limit Schedule 7.

Commencement Information

I30S. 12 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

13NCA officers with operational powers: labour relationsU.K.

(1)A person must not induce the Director General or any NCA officer designated under section 10 to withhold (or to continue to withhold) services as an NCA officer.

(2)The duty imposed by subsection (1) is a duty owed to the Secretary of State.

(3)A breach of that duty which causes the Secretary of State to sustain loss or damage is to be actionable, at the Secretary of State's suit or instance, against the person in breach.

(4)Subsection (3) is without prejudice to the right of the Secretary of State, by virtue of subsections (1) and (2), to bring civil proceedings in respect of any apprehended contravention of subsection (1).

(5)The no-strike provisions must be disregarded in determining for the purposes of any of the relevant employment legislation whether any trade union is an independent trade union.

(6)Nothing in the relevant employment legislation is to affect the rights of the Secretary of State by virtue of the no-strike provisions.

(7)The Secretary of State may, by order, suspend, or later revive, the operation of the no-strike provisions.

(8)In this section—

Commencement Information

I31S. 13 in force at 7.10.2013 by S.I. 2013/1682, art. 3(s)

14NCA officers with operational powers: pay and allowancesU.K.

(1)The Secretary of State may, by regulations, provide for the establishment, maintenance and operation of procedures for the determination from time to time of—

(a)the rates of pay and allowances to be applied to the Director General and to NCA officers designated under section 10; and

(b)other associated terms and conditions of employment as the Director General or as an NCA officer designated under section 10.

(2)Regulations under this section may—

(a)provide for determinations with respect to matters to which the regulations relate to be made wholly or partly by reference to such factors, and the opinion or recommendations of such persons, as may be specified or described in the regulations;

(b)authorise the matters considered and determined in pursuance of the regulations to include matters applicable to times and periods before they are considered or determined.

(3)In this section “associated terms and conditions” means such terms and conditions as may appear to the Secretary of State to fall to be determined in association with the determination of rates of pay and allowances.

Commencement Information

I32S. 14 in force at 8.5.2013 by S.I. 2013/1042, art. 2(f)

15Abolition of SOCA and NPIAU.K.

(1)The Serious Organised Crime Agency is abolished.

(2)The National Policing Improvement Agency is abolished.

(3)Schedule 8 (abolition of SOCA and NPIA) has effect.

Commencement Information

I33S. 15(1)(2) in force at 7.10.2013 by S.I. 2013/1682, art. 3(t)

I34S. 15(3) in force at 8.5.2013 for specified purposes by S.I. 2013/1042, art. 2(g)

I35S. 15(3) in force at 27.5.2013 for specified purposes by S.I. 2013/1042, art. 3(h)

I36S. 15(3) in force at 7.10.2013 for specified purposes by S.I. 2013/1682, art. 3(u)

16Interpretation of Part 1U.K.

(1)In this Part—

(2)In this Part—

(a)a reference to the powers and privileges of a constable is a reference to any powers and privileges of the constable, whether arising under an enactment or otherwise;

(b)a reference to the Police Service of Northern Ireland includes a reference to the Police Service of Northern Ireland Reserve.

(3)In any enactment—

(a)a reference to a National Crime Agency officer is to be construed as a reference to an NCA officer within the meaning of this Part;

(b)a reference to a function of the National Crime Agency is to be construed as a reference to an NCA function within the meaning of this Part (unless the context otherwise requires).

(4)Definitions of the following terms used in this Part, or other provision relating to the meanings of such terms, are contained in the provisions (outside this section) which are indicated.

TermProvision containing definition etc
activities to combat crime (or a particular kind of crime)section 1(11)
annual plansection 4(3)
annual reportPart 2 of Schedule 2
crime-reduction functionsection 1(4)
criminal intelligence functionsection 1(5)
customs mattersection 9(8)
framework documentPart 1 of Schedule 2
NCA specialparagraph 15 of Schedule 1
operational powersection 9(8)
strategic prioritiessection 3

Commencement Information

I37S. 16 in force at 8.5.2013 by S.I. 2013/1042, art. 2(h)

Part 2U.K.Courts and Justice

Administration of justiceU.K.

17Civil and family proceedings in England and WalesU.K.

(1)In Part 1 of the County Courts Act 1984 at the beginning insert—

“The county courtU.K.
A1Establishment of a single county court

(1)There is to be a court in England and Wales, called the county court, for the purpose of exercising the jurisdiction and powers conferred on it—

(a)by or under this or any other Act, or

(b)by or under any Act, or Measure, of the National Assembly for Wales.

(2)The county court is to be a court of record and have a seal.”

(2)Sections 1 and 2 of that Act (county courts to be held for districts) are repealed.

(3)In the Matrimonial and Family Proceedings Act 1984 before Part 5 insert—

“Part 4AU.K.The family court
31AEstablishment of the family court

(1)There is to be a court in England and Wales, called the family court, for the purpose of exercising the jurisdiction and powers conferred on it—

(a)by or under this or any other Act, or

(b)by or under any Act, or Measure, of the National Assembly for Wales.

(2)The family court is to be a court of record and have a seal.”

(4)Part 2 of the Children, Schools and Families Act 2010 (family proceedings) is repealed, as are the following related provisions of that Act: Part 2 of each of Schedules 3 and 4; section 29(4); and “, (4)” in section 29(6).

(5)Schedule 9 (amendments in connection with the county court replacing the existing county courts) has effect.

(6)Schedules 10 and 11 (amendments in connection with the establishment of the family court) have effect.

Commencement Information

I38S. 17(1)-(3) (6) in force at 22.4.2014 by S.I. 2014/954, art. 2(a) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

I39S. 17(4) in force at 4.9.2013 by S.I. 2013/2200, art. 2(a)

I40S. 17(5) in force at 1.10.2013 for specified purposes by S.I. 2013/1725, art. 3(a)

I41S. 17(5) in force at 22.4.2014 in so far as not already in force by S.I. 2014/954, art. 2(a) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

18Youth courts to have jurisdiction to grant gang-related injunctionsU.K.

(1)Part 4 of the Policing and Crime Act 2009 (injunctions to prevent gang-related violence) is amended as follows.

(2)In section 49(1) (interpretation of Part 4) for the definition of “court” substitute—

““court” (except in Schedule 5A)—

(a)in the case of a respondent aged under 18, means a youth court, and

(b)in any other case, means the High Court or the county court,

but this is subject to any provision in rules of court that is or could be made under section 48(4);”.

(3)In section 43(7) (judge before whom person arrested on suspicion of breaching injunction under Part 4 is to be brought) for the words from “means” to the end substitute “means a judge of the court that granted the injunction, except that where—

(a)the respondent is aged 18 or over, but

(b)the injunction was granted by a youth court,

it means a judge of the county court. ”

(4)In section 48 (rules of court in relation to injunctions under Part 4) after subsection (3) insert—

“(4)In relation to a respondent attaining the age of 18 after the commencement of proceedings under this Part, rules of court may—

(a)provide for the transfer of the proceedings from a youth court to the High Court or the county court;

(b)prescribe circumstances in which the proceedings may or must remain in a youth court.”

(5)Schedule 12 (which makes consequential and related amendments in the Policing and Crime Act 2009) has effect.

(6)Nothing in any provision of this section or of that Schedule affects proceedings in relation to applications made before the coming into force of that provision.

Commencement Information

I42S. 18 in force at 1.6.2015 by S.I. 2015/813, art. 3(a)

19Varying designations of authorities responsible for remanded young personsU.K.

(1)Section 102 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (where child remanded to youth detention accommodation, court must designate local authority to look after child and meet costs) is amended as follows.

(2)In subsection (7)(a) (authority that already looks after child to be designated) after “being looked after by a local authority” insert “ otherwise than by virtue of section 104(1) ”.

(3)In subsection (7)(b) (in other cases, court must designate authority for area where child habitually resides or offence committed) for “, the local authority” substitute “ but subject to subsection (7B), a local authority ”.

(4)After subsection (7) insert—

“(7A)In a case to which subsection (7)(b) applies, the court is to designate a local authority in whose area it appears to the court that the child habitually resides (a “home authority”) except where the court—

(a)considers as respects the home authority, or each home authority, that it is inappropriate to designate that authority, or

(b)is unable to identify any place in England and Wales where the child habitually resides.

(7B)If in a case to which subsection (7)(b) applies—

(a)the court is not required by subsection (7A) to designate a home authority, but

(b)it appears to the court that the offence was not, or none of the offences was, committed in England and Wales,

the court is to designate a local authority which it considers appropriate in the circumstances of the case.”

(5)After subsection (7B) insert—

“(7C)Where a child has been remanded to youth detention accommodation, the court—

(a)which remanded the child, or

(b)to which the child was remanded,

may designate a local authority (“B”) as the designated authority for the child in substitution for the authority previously designated (whether that previous designation was made when the child was remanded or under this subsection).

(7D)Where a child has at any one time been subject to two or more remands to youth detention accommodation, a court which has jurisdiction to make a replacement designation under subsection (7C) in connection with one or some of the remands also has jurisdiction to make such a replacement designation in connection with each of the other remands.

(7E)Where a replacement designation is made under subsection (7C) after the end of the period of remand concerned, the substitution of B for the previously-designated authority has effect only for the purposes of regulations under section 103.

(7F)Where a replacement designation is made under subsection (7C) during the period of remand concerned, the substitution of B for the previously-designated authority—

(a)has effect, as respects the part of that period ending with the making of the replacement designation, only for the purposes of regulations under section 103, and

(b)has effect, as respects the remainder of that period, for all of the purposes listed in subsection (6).

(7G)A court may make a replacement designation under subsection (7C) only if it considers that, had everything it knows been known by the court which made the previous designation, that court would have designated B instead.

(7H)Where a replacement designation is made under subsection (7C) in relation to a remand, the previously-designated authority is to be repaid any sums it paid in respect of the remand pursuant to regulations under section 103.

(7J)A court which has jurisdiction to make a replacement direction under subsection (7C) may exercise that jurisdiction on an application by a local authority or of its own motion.”

(6)A replacement designation under the new section 102(7C) may be made in respect of a remand ordered before this section comes into force, and the amendments made by this section have effect for the purpose of making a replacement designation in any such case; but, in such a case, the substitution of B for the previously-designated authority (and any entitlement to repayment under new section 102(7H)) does not have effect as respects any time before this section comes into force.

(7)Except as provided by subsection (6), the amendments made by this section have effect only in relation to remands ordered after this section comes into force.

20Judicial appointmentsU.K.

Schedule 13 has effect. In that Schedule—

Commencement Information

I43S. 20 in force for certain purposes at Royal Assent, see. s. 61(2)(11)(a)

I44S. 20 in force at 15.7.2013 for specified purposes by S.I. 2013/1725, art. 2(a)

I45S. 20 in force at 4.9.2013 for specified purposes by S.I. 2013/2200, art. 2(b)

I46S. 20 in force at 1.10.2013 for specified purposes by S.I. 2013/2200, art. 3(a)

21Deployment of the judiciaryU.K.

(1)The Lord Chief Justice's deployment responsibility includes (so far as it would not otherwise do so, and subject to having regard to the responsibilities of the Senior President of Tribunals) responsibility for the maintenance of appropriate arrangements for—

(a)the deployment to tribunals of judiciary deployable to tribunals, and

(b)the deployment to courts in England and Wales of judiciary deployable to such courts.

(2)In subsection (1) “the Lord Chief Justice's deployment responsibility” means the responsibility that the Lord Chief Justice of England and Wales, as President of the Courts of England and Wales, has under section 7(2)(c) of the Constitutional Reform Act 2005 for the maintenance of appropriate arrangements for the deployment of the judiciary of England and Wales.

(3)Each of the following is a tribunal for the purposes of subsection (1)(a)—

(4)Schedule 14 (which makes provision for deployment of judiciary to courts and tribunals, and updates references to chairmen of employment tribunals following their being renamed as Employment Judges) has effect.

Commencement Information

I47S. 21 in force at 1.10.2013 by S.I. 2013/2200, art. 3(b)

22Transfer of immigration or nationality judicial review applicationsU.K.

(1)In section 31A of the Senior Courts Act 1981 (transfer from the High Court to the Upper Tribunal)—

(a)in subsection (2), for “, 3 and 4” substitute “ and 3 ”,

(b)omit subsection (2A),

(c)in subsection (3), for “, 2 and 4” substitute “ and 2 ”, and

(d)omit subsections (7) and (8).

(2)In section 20 of the Tribunals, Courts and Enforcement Act 2007 (transfer from the Court of Session to the Upper Tribunal)—

(a)in subsection (1)—

(i)in paragraph (a), for “, 2 and 4 are met” substitute “ and 2 are met, and ”,

(ii)omit paragraph (aa) (including the “and” following it), and

(iii)in paragraph (b), for “, 3 and 4” substitute “ and 3 ”, and

(b)omit subsections (5) and (5A).

(3)In section 25A of the Judicature (Northern Ireland) Act 1978 (transfer from the High Court to the Upper Tribunal)—

(a)in subsection (2), for “, 3 and 4” substitute “ and 3 ”,

(b)omit subsection (2A),

(c)in subsection (3), for “, 2 and 4” substitute “ and 2 ”, and

(d)omit subsections (7) and (8).

(4)In consequence of the amendments made by subsections (1) to (3), section 53 of the Borders, Citizenship and Immigration Act 2009 is repealed.

Commencement Information

I48S. 22 in force at 1.10.2013 by S.I. 2013/1725, art. 3(b)

I49S. 22 in force at 1.11.2013 by S.I. 2013/2200, art. 5

23Permission to appeal from Upper Tribunal to Court of SessionU.K.

In section 13 of the Tribunals, Courts and Enforcement Act 2007 (right to appeal from Upper Tribunal) after subsection (6) insert—

“(6A)Rules of court may make provision for permission not to be granted on an application under subsection (4) to the Court of Session that falls within subsection (7) unless the court considers—

(a)that the proposed appeal would raise some important point of principle, or

(b)that there is some other compelling reason for the court to hear the appeal.”

Commencement Information

I50S. 23 in force at 15.7.2013 by S.I. 2013/1725, art. 2(b)

24Appeals relating to regulation of the BarE+W

(1)Section 44 of the Senior Courts Act 1981 (extraordinary functions of High Court judges) ceases to have the effect of conferring jurisdiction on judges of the High Court sitting as Visitors to the Inns of Court.

(2)The General Council of the Bar, an Inn of Court, or two or more Inns of Court acting collectively in any manner, may confer a right of appeal to the High Court in respect of a matter relating to—

(a)regulation of barristers,

(b)regulation of other persons regulated by the person conferring the right,

(c)qualifications or training of barristers or persons wishing to become barristers, or

(d)admission to an Inn of Court or call to the Bar.

(3)An Inn of Court may confer a right of appeal to the High Court in respect of—

(a)a dispute between the Inn and a member of the Inn, or

(b)a dispute between members of the Inn;

and in this subsection any reference to a member of an Inn includes a reference to a person wishing to become a member of that Inn.

(4)A decision of the High Court on an appeal under this section is final.

(5)Subsection (4) does not apply to a decision disbarring a person.

(6)The High Court may make such order as it thinks fit on an appeal under this section.

(7)A right conferred under subsection (2) or (3) may be removed by the person who conferred it; and a right conferred under subsection (2) by two or more Inns of Court acting collectively may, so far as relating to any one of the Inns concerned, be removed by that Inn.

Commencement Information

I51S. 24 in force at 7.1.2014 by S.I. 2013/3176, art. 2 (with art. 3)

25Enforcement by taking control of goodsU.K.

(1)Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (procedure for taking control of goods) is amended as follows.

(2)In paragraph 17 (enforcement agent may use reasonable force to enter etc where paragraph 18 or 19 applies) for “or 19” substitute “ , 18A, 19 or 19A ”.

(3)After paragraph 18 insert—

“18A(1)This paragraph applies if these conditions are met—

(a)the enforcement agent has power to enter the premises under paragraph 14;

(b)the enforcement agent reasonably believes that the debtor carries on a trade or business on the premises;

(c)the enforcement agent is acting under a writ or warrant of control issued for the purpose of recovering a sum payable under a High Court or county court judgment;

(d)the sum so payable is not a traffic contravention debt.

(2)“Traffic contravention debt” has the meaning given by section 82(2) of the Traffic Management Act 2004.”

(4)After paragraph 19 insert—

“19A(1)This paragraph applies if these conditions are met—

(a)the enforcement agent has power to enter the premises under paragraph 16;

(b)the enforcement agent has taken control of the goods by entering into a controlled goods agreement with the debtor;

(c)the debtor has failed to comply with any provision of the controlled goods agreement relating to the payment by the debtor of the debt;

(d)the debtor has been given notice of the intention of the enforcement agent to enter the premises to inspect the goods or to remove them for storage or sale;

(e)neither paragraph 18 nor paragraph 19 applies.

(2)For the purposes of a notice under sub-paragraph (1)(d), regulations must state—

(a)the minimum period of notice;

(b)the form of the notice;

(c)what it must contain;

(d)how it must be given;

(e)who must give it.

(3)The enforcement agent must keep a record of the time when a notice under sub-paragraph (1)(d) is given.

(4)If regulations authorise it, the court may order in prescribed circumstances that the notice given may be less than the minimum period.

(5)The order may be subject to conditions.”

(5)In paragraphs 24(2) and 31(5) (no power to use force against persons except to extent provided in regulations) omit “, except to the extent that regulations provide that it does”.

(6)Omit paragraph 53(2) (controlled goods to be treated as abandoned if unsold after a sale).

(7)Omit paragraph 56(2) (securities to be treated as abandoned if not disposed of in accordance with notice of disposal).

(8)In consequence of the repeals in subsection (5), in section 90 of the Tribunals, Courts and Enforcement Act 2007 (regulations under Part 3)—

(a)omit subsection (4) (procedure for regulations under paragraphs 24(2) and 31(5) of Schedule 12), and

(b)in subsection (5) omit “In any other case”.

(9)In Schedule 13 to that Act (taking control of goods: amendments)—

(a)in paragraph 37 (repeal in section 66(2) of the Criminal Justice Act 1972) for the words after “etc.),” substitute “ omit subsection (2). ”,

(b)in paragraph 74 (repeal of sections 93 to 100 of the County Courts Act 1984) after “93 to” insert “ 98 and ”,

(c)in paragraph 85 (amendment of section 436 of the Insolvency Act 1986) for “436” substitute “ 436(1) ”,

(d)in paragraph 125 (amendment of section 15 of the Employment Tribunals Act 1996) for “ “by execution issued from the county court”” substitute “the words from “by execution”, to “court” in the first place after “by execution”,”, and

(e)in paragraph 134 (which amends Schedule 17 to the Financial Services and Markets Act 2000) for “paragraph 16(a)” substitute “ paragraphs 16(a) and 16D(a) ”.

Commencement Information

I52S. 25(1)-(3) (6) (7) (9) in force at 6.4.2014 by S.I. 2014/830, art. 2

I53S. 25(4) in force at 15.7.2013 for specified purposes by S.I. 2013/1725, art. 2(c)

I54S. 25(4) in force at 6.4.2014 in so far as not already in force by S.I. 2014/830, art. 2

I55S. 25(5)(8) in force at 15.7.2013 by S.I. 2013/1725, art. 2(d)

26Payment of fines and other sumsU.K.

(1)In the Magistrates' Courts Act 1980 after section 75 insert—

“75ACosts of collecting sums adjudged to be paid by a conviction

(1)Where a sum is adjudged to be paid by a conviction, the person liable to pay the sum is also liable to pay amounts in respect of costs of doing things for the purpose of collecting sums of that kind.

(2)Where the person is charged such an amount, the sum adjudged to be paid is treated as increased by that amount.

(3)No such amount may be charged unless a collection order or other notice of the person's liability to pay such amounts has been served on the person.

(4)Where time has been allowed for payment of the sum, no such amount may be charged before the end of that time.

(5)Where payment is to be by instalments, no such amount may be charged—

(a)before the first occasion on which there is default in the payment of an instalment, or

(b)at any other time when the instalments are up to date.

(6)No such amount may be charged in respect of costs that may be recovered under paragraph 62 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (costs related to taking control of goods and selling them).

(7)This section applies in relation to a sum even if a collection order is in force in relation to the sum.”

(2)In the Courts Act 2003 after section 36 (a fines officer is a civil servant, or person provided under a contract, who is so designated by the Lord Chancellor) insert—

“36AAll functions of fines officers may be contracted-out

A function given by or under an enactment to a fines officer as such is to be taken for the purposes of section 2(5) (ban on contracting-out of judicial functions) as not involving the making of judicial decisions and as not involving the exercise of any judicial discretion.”

(3)In Schedule 5 to that Act (collection of fines and other sums) in paragraph 13(1) (contents of collection orders) after paragraph (c) insert—

“(ca)explain how the sum due may be increased by amounts in respect of costs of doing things for the purpose of collecting sums of that kind,”.

(4)In section 85 of the Magistrates' Courts Act 1980 (power to remit fines) after subsection (4) (power does not extend to other sums) insert—

“(5)Despite subsection (4) above, references in subsections (1) to (3) above to a fine do include an amount that a person has been charged in respect of costs mentioned in section 75A(1) above if the person is liable under section 75A(1) above to pay the amount as a result of being liable to pay a fine as defined by subsection (4) above.”

(5)In section 139(c) of that Act (disposal of balance of receipts on account of sum adjudged to be paid) after “balance” insert “ in accordance with any directions under section 139A and, subject to that, in payment ”.

(6)In that Act after section 139 insert—

“139ADisposal of amounts received in respect of collection costs

(1)The Secretary of State may give directions requiring that money received on account of an amount charged as mentioned in section 75A is to be paid to the person who charged the amount.

(2)For the purposes of this section, money is received on account of an amount charged as mentioned in section 75A if—

(a)the money is received on account of a sum whose amount has been increased under that section,

(b)the total received on account of the sum is more than the figure the sum would be if increases under that section are excluded, and

(c)the money is—

(i)the balance after deducting that figure from the total received, or

(ii)if less, so much of that balance as equals the amount charged.

(3)Directions under this section—

(a)may be general or apply only in cases specified in them;

(b)may make different provision for different purposes;

(c)may be revoked by directions given by the Secretary of State.”

(7)In section 24(2) of the Criminal Justice Act 1991 (regulations about applications by courts for benefit deductions) after paragraph (b) insert—

“(ba)provision, including provision for deductions, in connection with the fine or compensation to which an application relates being treated as increased under section 75A of the 1980 Act or paragraph 42A of Schedule 5 to the Courts Act 2003;”.

(8)In section 56(3) of the Education and Skills Act 2008 (normal enforcement provisions do not apply to a non-participation fine once offender reaches 18) after “to be concluded” insert “or to preserve existing increases under section 75A of the Magistrates' Courts Act 1980 (collection costs) or paragraph 42A of Schedule 5 to the Courts Act 2003”.

Commencement Information

I56S. 26 partly in force; s. 26 not in force at Royal Assent; s. 26(2) in force at 25.6.2013, see s. 61(2)(6)

27Disclosure of information to facilitate collection of fines and other sumsU.K.

(1)Schedule 5 to the Courts Act 2003 (collection of fines and other sums) is amended as follows.

(2)Paragraphs 9A to 10 (disclosure of information by Secretary of State to court officer to help court decide whether to apply for benefit deductions etc) become Part 3A of the Schedule.

(3)Accordingly, after paragraph 9 insert— “ PART 3A DISCLOSURE OF INFORMATION, AND MEANING OF “RELEVANT BENEFIT” ETC ”.

(4)In the heading before paragraph 9A, after “Disclosure of information in connection with” insert “ making of attachment of earnings order or ”.

(5)For paragraph 9A (power of Secretary of State to disclose information to help court decide whether to apply for benefit deductions) substitute—

“9A(1)The Secretary of State or a Northern Ireland department, or a person providing services to the Secretary of State or a Northern Ireland department, may disclose social security information to a relevant person.

(1A)Her Majesty's Revenue and Customs, or a person providing services to the Commissioners for Her Majesty's Revenue and Customs, may disclose finances information to a relevant person.

(1B)The disclosure authorised by sub-paragraph (1) or (1A) is disclosure of the information concerned for the purpose of facilitating the making, by the relevant court or a fines officer, of any of the following—

(a)a decision as to whether to make an attachment of earnings order in respect of P,

(b)a decision as to whether to make an application for benefit deductions in respect of P, and

(c)such an order or application.

(2)In this paragraph—

(2A)The reference in sub-paragraph (2) to functions relating to social security includes a reference to functions relating to any of the matters listed in section 127(8) of the Welfare Reform Act 2012 (statutory payments and maternity allowances).

(3)In this paragraph “relevant person” means a person who is appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4).”

(6)In paragraph 9B(1) (limits on onward disclosure)—

(a)for “9A(3)” substitute “ 9A ”, and

(b)for the words after “making” substitute “ , by the relevant court or a fines officer, of such a decision, order or application as is mentioned in paragraph 9A(1B). ”

(7)In paragraph 9B(2)(b) (use of information otherwise than in connection with decision mentioned in sub-paragraph (1)) for “as is mentioned in that sub-paragraph” substitute “ , order or application as is mentioned in paragraph 9A(1B) ”.

(8)In paragraph 9B(3) (disclosures that are not unlawful)—

(a)in paragraph (a) (disclosure in accordance with order of a court etc) after “order of a court” insert “ or of a tribunal established by or under an Act ”, and

(b)in paragraph (b) (disclosure of information previously lawfully disclosed) after “disclose” insert “or use—

(i)any information which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it, or

(ii)”.

(9)In paragraph 9B(5) (offence of wrongful use or disclosure of disclosed information punishable on summary conviction by a fine not exceeding level 4) for the words from “liable” to the end substitute “liable—

(a)on conviction on indictment—

(i)to imprisonment for a term not exceeding 2 years, or

(ii)to a fine, or

(iii)to both;

(b)on summary conviction—

(i)to imprisonment for a term not exceeding 12 months, or

(ii)to a fine not exceeding the statutory maximum, or

(iii)to both.”

(10)In paragraph 9B after sub-paragraph (5) insert—

“(6)Sub-paragraph (5)(b) applies in relation to offences committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on power of magistrates' courts to impose imprisonment) as if the reference to 12 months were a reference to 6 months.

(7)A prosecution for an offence under sub-paragraph (2) may be instituted only by or with the consent of the Director of Public Prosecutions.”

(11)Omit paragraph 9C(2) and (4) (meaning of “benefit status” and “prescribed”).

(12)In paragraph 9C (interpretation etc of paragraphs 9A and 9B)—

(a)in sub-paragraph (1) for “This paragraph applies” substitute “ Sub-paragraphs (3) and (3A) apply ”, and

(b)after sub-paragraph (3) insert—

“(3A)Relevant court” has the same meaning as in Part 3 of this Schedule.

(3B)In paragraphs 9A and 10 (as in the provisions of this Schedule which extend to England and Wales only)—

(13)Paragraphs 9A, 9C and 10, as amended by the preceding provisions of this section, extend to Scotland and Northern Ireland (as well as to England and Wales).

(14)Accordingly, in section 111(1) of the Courts Act 2003 (subject to subsections (2) and (3), Act extends to England and Wales only) after “(3)” insert “ and to section 27(13) of the Crime and Courts Act 2013 (extent of paragraphs 9A, 9C and 10 of Schedule 5) ”.

Commencement Information

I57S. 27 in force at 11.12.2013 by S.I. 2013/2981, art. 2(a)

28Disclosure of information for calculating fees of courts, tribunals etcU.K.

(1)The Secretary of State or a Northern Ireland Department, or a person providing services to the Secretary of State or a Northern Ireland Department, may disclose social security information to a relevant person who wants social security information in connection with deciding a fee-remission application.

(2)Her Majesty's Revenue and Customs, or a person providing services to the Commissioners for Her Majesty's Revenue and Customs, may disclose tax credit information or finances information to a relevant person who wants tax credit information or finances information in connection with deciding a fee-remission application.

(3)Information disclosed to a relevant person under subsection (1) or (2)—

(a)must not be further disclosed, except to another relevant person who wants social security information, tax credit information or finances information in connection with deciding a fee-remission application, and

(b)must not be used otherwise than in connection with deciding a fee-remission application.

(4)Subsection (3) does not prohibit—

(a)disclosure or use of information which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it;

(b)disclosure or use of information which has previously been disclosed to the public with lawful authority;

(c)disclosure or use of information so far as necessary to comply with—

(i)an order of a court,

(ii)an order of a tribunal established by or under an Act, or

(iii)a duty imposed by or under an Act or Northern Ireland legislation.

(5)It is an offence for a person to disclose or use information in contravention of subsection (3).

(6)It is a defence for a person charged with an offence under subsection (5) to prove that the person reasonably believed that the disclosure or use concerned was lawful.

(7)A person guilty of an offence under subsection (5) is liable—

(a)on conviction on indictment—

(i)to imprisonment for a term not exceeding 2 years, or

(ii)to a fine, or

(iii)to both;

(b)on summary conviction—

(i)to imprisonment for a period not exceeding 12 months, or

(ii)to a fine not exceeding the statutory maximum, or

(iii)to both.

[F8(7A)In the application of this section in England and Wales, the reference in subsection (7)(b)(i) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).]

(8)Subsection (7)(b) applies—

F9(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in Northern Ireland,

as if the reference to 12 months were a reference to 6 months.

(9)A prosecution for an offence under subsection (5)—

(a)may be instituted in England and Wales only by or with the consent of the Director of Public Prosecutions, and

(b)may be instituted in Northern Ireland only by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(10)In this section—

Textual Amendments

Commencement Information

I58S. 28 in force at 22.4.2014 by S.I. 2014/954, art. 2(b) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

29Supreme Court chief executive, officers and staffU.K.

(1)For section 48(2) of the Constitutional Reform Act 2005 (chief executive of the Supreme Court to be appointed by Lord Chancellor after consulting President of the Court) substitute—

“(2)It is for the President of the Court to appoint the chief executive.”

(2)Section 49 of that Act (officers and staff of the Supreme Court) is amended as follows.

(3)In subsection (2) (number of officers and staff, and their terms, are for the chief executive but subject to the provision in subsection (3) about application of civil service pension arrangements)—

(a)for “these matters with the agreement of the Lord Chancellor—” substitute “ the following matters— ”, and

(b)for “subsection” substitute “ subsections (2A) and ”.

(4)After subsection (2) insert—

“(2A)Service as the chief executive of the Court, and service as an officer or staff appointed under subsection (1), is service in the civil service of the State.”

(5)In subsection (3) (civil service pension arrangements apply to chief executive, officers and staff) for “The” at the beginning substitute “ Accordingly, the ”.

Commencement Information

I59S. 29 in force at 15.7.2013 by S.I. 2013/1725, art. 2(e)

30Supreme Court security officersU.K.

(1)In Part 3 of the Constitutional Reform Act 2005 (the Supreme Court) after section 51 insert—

“Court securityU.K.
51ASecurity officers

(1)A Supreme Court security officer is a person who is—

(a)appointed by the President of the Supreme Court under section 49(1) or provided under a contract, and

(b)designated by the President as a Supreme Court security officer.

(2)The President may give directions as to—

(a)training courses to be completed by Supreme Court security officers;

(b)conditions to be met before a person may be designated as a Supreme Court security officer.

(3)For the purposes of sections 51B to 51E, a Supreme Court security officer who is not readily identifiable as such (whether by means of uniform or badge or otherwise) is not to be regarded as acting in the execution of the officer's duty.

(4)In those sections “court building” means any building—

(a)where the business of the Supreme Court, or of the Judicial Committee of the Privy Council, is carried on, and

(b)to which the public has access.

51BPowers of search, exclusion, removal and restraint

(1)A Supreme Court security officer acting in the execution of the officer's duty may search—

(a)any person who is in, or seeking to enter, a court building, and

(b)any article in the possession of such a person.

(2)Subsection (1) does not authorise a Supreme Court security officer to require a person to remove any of the person's clothing other than a coat, jacket, headgear, gloves or footwear.

(3)A Supreme Court security officer acting in the execution of the officer's duty may exclude or remove from a court building, or a part of a court building, any person who refuses—

(a)to permit a search under subsection (1), or

(b)to surrender an article in the person's possession when asked to do so under section 51C(1).

(4)A Supreme Court security officer acting in the execution of the officer's duty may—

(a)restrain any person who is in a court building, or

(b)exclude or remove any person from a court building, or a part of a court building,

if it is reasonably necessary to do so for one of the purposes given in subsection (5).

(5)The purposes are—

(a)enabling business of the Supreme Court, or of the Judicial Committee of the Privy Council, to be carried on without interference or delay;

(b)maintaining order;

(c)securing the safety of any person in the court building.

(6)A Supreme Court security officer acting in the execution of the officer's duty may remove any person from a courtroom at the request of—

(a)a judge of the Supreme Court, or

(b)a member of the Judicial Committee of the Privy Council.

(7)The powers given by subsections (3), (4) and (6) include power to use reasonable force, where necessary.

51CSurrender, seizure and retention of knives and other articles

(1)If a Supreme Court security officer acting in the execution of the officer's duty reasonably believes that an article in the possession of a person who is in, or seeking to enter, a court building ought to be surrendered on any of the grounds given in subsection (2), the officer must ask the person to surrender the article; and, if the person refuses to surrender the article, the officer may seize it.

(2)The grounds are that the article—

(a)may jeopardise the maintenance of order in the court building (or a part of it),

(b)may put the safety of any person in the court building at risk, or

(c)may be evidence of, or in relation to, an offence.

(3)Subject to subsection (4), a Supreme Court security officer may retain an article which was—

(a)surrendered in response to a request under subsection (1), or

(b)seized under that subsection,

until the time when the person who surrendered it, or from whom it was seized, is leaving the court building.

(4)If a Supreme Court security officer reasonably believes that the article may be evidence of, or in relation to, an offence, the officer may retain it until—

(a)the time when the person who surrendered it, or from whom it was seized, is leaving the court building, or

(b)the end of the permitted period,

whichever is the later.

(5)In subsection (4) “the permitted period” means such period, not exceeding 24 hours from the time the article was surrendered or seized, as will enable the Supreme Court security officer to draw the article to the attention of a constable.

(6)Subsections (3) to (5) do not apply where a knife is—

(a)surrendered to a Supreme Court security officer in response to a request under subsection (1), or

(b)seized by a Supreme Court security officer under that subsection,

but, instead, the knife must be retained in accordance with regulations under section 51D(3) unless returned or disposed of in accordance with those regulations or regulations under section 51D(1).

(7)If a Supreme Court security officer reasonably believes that a retained knife may be evidence of, or in relation to, an offence, nothing in subsection (6) prevents the officer retaining the knife for so long as necessary to enable the officer to draw it to the attention of a constable.

(8)In this section “knife” includes—

(a)a knife-blade, and

(b)any other article which—

(i)has a blade or is sharply pointed, and

(ii)is made or adapted for use for causing injury to the person.

51DRegulations about retention of knives and other articles

(1)The Lord Chancellor may by regulations make provision as to—

(a)the provision to persons—

(i)by whom articles have been surrendered in response to a request under subsection (1) of section 51C, or

(ii)from whom articles have been seized under that subsection,

of written information about the powers of retention of Supreme Court security officers,

(b)the keeping of records about articles which have been so surrendered or seized,

(c)the period for which unclaimed articles have to be kept, and

(d)the disposal of unclaimed articles at the end of that period.

(2)In subsection (1) “unclaimed article” means an article—

(a)which has been retained under section 51C,

(b)which a person is entitled to have returned,

(c)which has not been returned, and

(d)whose return has not been requested by a person entitled to it.

(3)Without prejudice to the generality of subsection (1), the Lord Chancellor must by regulations make provision as to—

(a)the procedure to be followed when a knife is retained under section 51C;

(b)the making of requests by eligible persons for the return of knives so retained;

(c)the procedure to be followed when returning a knife pursuant to a request made in accordance with the regulations.

(4)In subsection (3)—

51EAssaulting and obstructing Supreme Court security officers

(1)Any person who assaults a Supreme Court security officer acting in the execution of the officer's duty commits an offence.

(2)A person guilty of an offence under subsection (1) is liable on summary conviction—

(a)to imprisonment for a term not exceeding 12 months, or

(b)to a fine not exceeding level 5 on the standard scale, or

(c)to both.

(3)Subsection (2) applies—

(a)in England and Wales in relation to offences committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates' court's power to impose imprisonment), and

(b)in Northern Ireland,

as if the reference to 12 months were a reference to 6 months.

(4)A person who resists or wilfully obstructs a Supreme Court security officer acting in the execution of the officer's duty commits an offence.

(5)A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”

(2)In section 48(3)(a) of the Constitutional Reform Act 2005 (delegation of President's functions to chief executive) after “under section 49(1)” insert “ or 51A(1)(a) or (b) ”.

Commencement Information

I60S. 30 in force at 1.10.2013 by S.I. 2013/2200, art. 3(c)

31Making, and use, of recordings of Supreme Court proceedingsU.K.

(1)Section 9 of the Contempt of Court Act 1981 (recording of court proceedings) is amended as follows.

(2)After subsection (1) insert—

“(1A)In the case of a recording of Supreme Court proceedings, subsection (1)(b) does not apply to its publication or disposal with the leave of the Court.”

(3)In subsection (2) (leave under subsection (1)(a): grant, refusal, conditions, withdrawal and amendment)—

(a)after “paragraph (a) of subsection (1)” insert “ , or under subsection (1A), ”,

(b)for “if granted may” substitute “if granted—

(a)may, in the case of leave under subsection (1)(a),”, and

(c)after “leave; and” insert—

“(b)may, in the case of leave under subsection (1A), be granted subject to such conditions as the Supreme Court thinks proper with respect to publication or disposal of any recording to which the leave relates;

and ”.

(4)In subsection (1) (activities which are contempt of court) after paragraph (c) insert—

“(d)to publish or dispose of any recording in contravention of any conditions of leave granted under subsection (1A).”

32Enabling the making, and use, of films and other recordings of proceedingsE+W

(1)The Lord Chancellor may, by order made with the concurrence of the Lord Chief Justice, provide that a section mentioned in subsection (2) or any provision of either of those sections—

(a)does not apply in relation to the making of a recording or the making of a prescribed recording;

(b)does not apply in relation to the making of a recording, or the making of a prescribed recording, if prescribed conditions are met, including conditions as to a court or tribunal or any other person being satisfied as to anything or agreeing;

(c)does not apply in relation to prescribed use of a prescribed recording.

(2)Those sections are—

(a)section 41 of the Criminal Justice Act 1925 (no photography or drawing in court of persons involved in proceedings, and no publication of contravening images);

(b)section 9 of the Contempt of Court Act 1981 (no sound recording in court without permission, and no public playing of recordings).

(3)In the case of any particular proceedings of a court or tribunal, the court or tribunal may in the interests of justice or in order that a person is not unduly prejudiced—

(a)direct that a provision disapplied in relation to the proceedings by an order under subsection (1) is, despite the order, to apply in relation to the proceedings, or

(b)direct that a provision disapplied in relation to the proceedings by an order under subsection (1) is, despite the order, disapplied in relation to the proceedings only if conditions specified in the direction are met.

(4)No appeal may be made against—

(a)a direction given under subsection (3), or

(b)a decision not to give a direction under that subsection.

(5)In this section—

(6)The preceding provisions of this section do not apply in relation to Supreme Court proceedings.

(7)In section 41 of the Criminal Justice Act 1925 after subsection (1) insert—

“(1A)See section 32 of the Crime and Courts Act 2013 for power to provide for exceptions.”

(8)In section 9 of the Contempt of Court Act 1981 after subsection (4) insert—

“(5)See section 32 of the Crime and Courts Act 2013 for power to provide for further exceptions.”

Commencement Information

I61S. 32 in force at 15.7.2013 by S.I. 2013/1725, art. 2(f)

33Abolition of scandalising the judiciary as form of contempt of courtE+W

(1)Scandalising the judiciary (also referred to as scandalising the court or scandalising judges) is abolished as a form of contempt of court under the common law of England and Wales.

(2)That abolition does not prevent proceedings for contempt of court being brought against a person for conduct that immediately before that abolition would have constituted both scandalising the judiciary and some other form of contempt of court.

Publishers of news-related material: damages and costsE+W

34Awards of exemplary damagesE+W

(1)This section applies where—

(a)a relevant claim is made against a person (“the defendant”),

(b)the defendant was a relevant publisher at the material time,

(c)the claim is related to the publication of news-related material, and

(d)the defendant is found liable in respect of the claim.

(2)Exemplary damages may not be awarded against the defendant in respect of the claim if the defendant was a member of an approved regulator at the material time.

(3)But the court may disregard subsection (2) if—

(a)the approved regulator imposed a penalty on the defendant in respect of the defendant's conduct or decided not to do so,

(b)the court considers, in light of the information available to the approved regulator when imposing the penalty or deciding not to impose one, that the regulator was manifestly irrational in imposing the penalty or deciding not to impose one, and

(c)the court is satisfied that, but for subsection (2), it would have made an award of exemplary damages under this section against the defendant.

(4)Where the court is not prevented from making an award of exemplary damages by subsection (2) (whether because that subsection does not apply or the court is permitted to disregard that subsection as a result of subsection (3)), the court—

(a)may make an award of exemplary damages if it considers it appropriate to do so in all the circumstances of the case, but

(b)may do so only under this section.

(5)Exemplary damages may be awarded under this section only if they are claimed.

(6)Exemplary damages may be awarded under this section only if the court is satisfied that—

(a)the defendant's conduct has shown a deliberate or reckless disregard of an outrageous nature for the claimant's rights,

(b)the conduct is such that the court should punish the defendant for it, and

(c)other remedies would not be adequate to punish that conduct.

(7)Exemplary damages may be awarded under this section whether or not another remedy is granted.

(8)The decision on the question of—

(a)whether exemplary damages are to be awarded under this section, or

(b)the amount of such damages,

must not be left to a jury.

Commencement Information

I62Ss. 34-39 in force at 3.11.2015 by virtue of s. 61(7) of this Act (and see explanatory note to S.I. 2015/1837)

35Relevant considerationsE+W

(1)This section applies where the court is deciding whether the circumstances of the case make it appropriate for exemplary damages to be awarded under section 34.

(2)The court must have regard to the principle that exemplary damages must not usually be awarded if, at any time before the decision comes to be made, the defendant has been convicted of an offence involving the conduct complained of.

(3)The court must take account of the following—

(a)whether membership of an approved regulator was available to the defendant at the material time;

(b)if such membership was available, the reasons for the defendant not being a member;

(c)so far as relevant in the case of the conduct complained of, whether internal compliance procedures of a satisfactory nature were in place and, if so, the extent to which they were adhered to in that case.

(4)The reference in subsection (3)(c) to “internal compliance procedures” being in place is a reference to any procedures put in place by the defendant for the purpose of ensuring that—

(a)material is not obtained by or on behalf of the defendant in an inappropriate way, and

(b)material is not published by the defendant in inappropriate circumstances.

(5)The court may regard deterring the defendant and others from similar conduct as an object of punishment.

(6)This section is not to be read as limiting the power of the court to take account of any other matters it considers relevant to its decision.

Commencement Information

I63Ss. 34-39 in force at 3.11.2015 by virtue of s. 61(7) of this Act (and see explanatory note to S.I. 2015/1837)

36Amount of exemplary damagesE+W

(1)This section applies where the court decides to award exemplary damages under section 34.

(2)The court must have regard to these principles in determining the amount of exemplary damages—

(a)the amount must not be more than the minimum needed to punish the defendant for the conduct complained of;

(b)the amount must be proportionate to the seriousness of the conduct.

(3)The court must take account of these matters in determining the amount of exemplary damages—

(a)the nature and extent of any loss or harm caused, or intended to be caused, by the defendant's conduct;

(b)the nature and extent of any benefit the defendant derived or intended to derive from such conduct.

(4)The court may regard deterring the defendant and others from similar conduct as an object of punishment.

(5)This section is not to be read as limiting the power of the court to take account of any other matters it considers relevant to its decision.

Commencement Information

I64Ss. 34-39 in force at 3.11.2015 by virtue of s. 61(7) of this Act (and see explanatory note to S.I. 2015/1837)

37Multiple claimantsE+W

(1)This section applies where a relevant publisher—

(a)is a defendant to a relevant claim, and

(b)is found liable to two or more persons in respect of the claim (“the persons affected”).

(2)In deciding whether to award exemplary damages under section 34 or the amount of such damages to award (whether to one or more of the persons affected), the court must take account of any settlement or compromise by any persons of a claim in respect of the conduct.

(3)But the court may take account of any such settlement or compromise only if the defendant agrees.

(4)If the court awards exemplary damages under section 34 to two or more of the persons affected, the total amount awarded must be such that it does not punish the defendant excessively.

(5)If the court awards exemplary damages under section 34 to one or more of the persons affected, no later claim may be made for exemplary damages as regards the conduct.

Commencement Information

I65Ss. 34-39 in force at 3.11.2015 by virtue of s. 61(7) of this Act (and see explanatory note to S.I. 2015/1837)

38Multiple defendantsE+W

(1)Any liability of two or more persons for exemplary damages awarded under section 34 is several (and not joint or joint and several).

(2)Subsection (1) has effect subject to the law relating to the liability of a partner for the conduct of another partner.

(3)Where the liability of two or more persons for exemplary damages is several, no contribution in respect of the damages may be recovered by any of them under section 1 of the Civil Liability (Contribution) Act 1978.

Commencement Information

I66Ss. 34-39 in force at 3.11.2015 by virtue of s. 61(7) of this Act (and see explanatory note to S.I. 2015/1837)

39Awards of aggravated damagesE+W

(1)This section applies where—

(a)a relevant claim is made against a person (“the defendant”),

(b)the defendant was a relevant publisher at the material time,

(c)the claim is related to the publication of news-related material, and

(d)the defendant is found liable in respect of the claim.

(2)Aggravated damages may be awarded against the defendant only to compensate for mental distress and not for purposes of punishment.

(3)In this section, “aggravated damages” means damages that were commonly called aggravated before the passing of this Act and which—

(a)are awarded against a person in respect of the person's motive or exceptional conduct, but

(b)are not exemplary damages or restitutionary damages.

(4)Nothing in this section is to be read as implying that, in cases where this section does not apply, aggravated damages may be awarded for purposes of punishment.

Commencement Information

I67Ss. 34-39 in force at 3.11.2015 by virtue of s. 61(7) of this Act (and see explanatory note to S.I. 2015/1837)

Prospective

40Awards of costsE+W

(1)This section applies where—

(a)a relevant claim is made against a person (“the defendant”),

(b)the defendant was a relevant publisher at the material time, and

(c)the claim is related to the publication of news-related material.

(2)If the defendant was a member of an approved regulator at the time when the claim was commenced (or was unable to be a member at that time for reasons beyond the defendant's control or it would have been unreasonable in the circumstances for the defendant to have been a member at that time), the court must not award costs against the defendant unless satisfied that—

(a)the issues raised by the claim could not have been resolved by using an arbitration scheme of the approved regulator, or

(b)it is just and equitable in all the circumstances of the case to award costs against the defendant.

(3)If the defendant was not a member of an approved regulator at the time when the claim was commenced (but would have been able to be a member at that time and it would have been reasonable in the circumstances for the defendant to have been a member at that time), the court must award costs against the defendant unless satisfied that—

(a)the issues raised by the claim could not have been resolved by using an arbitration scheme of the approved regulator (had the defendant been a member), or

(b)it is just and equitable in all the circumstances of the case to make a different award of costs or make no award of costs.

(4)The Secretary of State must take steps to put in place arrangements for protecting the position in costs of parties to relevant claims who have entered into agreements under section 58 of the Courts and Legal Services Act 1990.

(5)This section is not to be read as limiting any power to make rules of court.

(6)This section does not apply until such time as a body is first recognised as an approved regulator.

41Meaning of “relevant publisher”E+W

(1)In sections 34 to 40, “relevant publisher” means a person who, in the course of a business (whether or not carried on with a view to profit), publishes news-related material—

(a)which is written by different authors, and

(b)which is to any extent subject to editorial control.

This is subject to subsections (5) and (6).

(2)News-related material is “subject to editorial control” if there is a person (whether or not the publisher of the material) who has editorial or equivalent responsibility for—

(a)the content of the material,

(b)how the material is to be presented, and

(c)the decision to publish it.

(3)A person who is the operator of a website is not to be taken as having editorial or equivalent responsibility for the decision to publish any material on the site, or for content of the material, if the person did not post the material on the site.

(4)The fact that the operator of the website may moderate statements posted on it by others does not matter for the purposes of subsection (3).

(5)A person is not a “relevant publisher” if the person is specified by name in Schedule 15.

(6)A person is not a “relevant publisher” in so far as the person's publication of news-related material is in a capacity or case of a description specified in Schedule 15.

(7)But a person who is not a “relevant publisher” as a result of paragraph 8 of that Schedule (micro-businesses) is nevertheless to be regarded as such if the person was a member of an approved regulator at the material time.

Commencement Information

I68S. 41 in force at 3.11.2015 for specified purposes by S.I. 2015/1837, art. 2(a)

42Other interpretative provisionsE+W

(1)This section applies for the purposes of sections 34 to 41.

(2)“Approved regulator” means a body recognised as a regulator of relevant publishers.

(3)For the purposes of subsection (2), a body is “recognised” as a regulator of relevant publishers if it is so recognised by any body established by Royal Charter (whether established before or after the coming into force of this section) with the purpose of carrying on activities relating to the recognition of independent regulators of relevant publishers.

(4)“Relevant claim” means a civil claim made in respect of any of the following—

(a)libel;

(b)slander;

(c)breach of confidence;

(d)misuse of private information;

(e)malicious falsehood;

(f)harassment.

(5)For the purposes of subsection (4)—

(a)the reference to a claim made in respect of the misuse of private information does not include a reference to a claim made by virtue of [F10Article 82 of the [F11UK GDPR] or section 168 or 169 of the Data Protection Act 2018 (compensation for contravention of the data protection legislation) ];

(b)the reference to a claim made in respect of harassment is a reference to a claim made under the Protection from Harassment Act 1997.

[F12(5A)In subsection (5)(a), “the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act).]

(6)The “material time”, in relation to a relevant claim, is the time of the events giving rise to the claim.

(7)“News-related material” means—

(a)news or information about current affairs,

(b)opinion about matters relating to the news or current affairs, or

(c)gossip about celebrities, other public figures or other persons in the news.

(8)A relevant claim is related to the publication of news-related material if the claim results from—

(a)the publication of news-related material, or

(b)activities carried on in connection with the publication of such material (whether or not the material is in fact published).

(9)A reference to the “publication” of material is a reference to publication—

(a)on a website,

(b)in hard copy, or

(c)by any other means;

and references to a person who “publishes” material are to be read accordingly.

(10)A reference to “conduct” includes a reference to omissions; and a reference to a person's conduct includes a reference to a person's conduct after the events giving rise to the claim concerned.

Textual Amendments

F10Words in s. 42(5)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 181(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Commencement Information

I69S. 42 in force at 3.11.2015 for specified purposes by S.I. 2015/1837, art. 2(b)

Self-defenceU.K.

43Use of force in self-defence at place of residenceU.K.

(1)Section 76 of the Criminal Justice and Immigration Act 2008 (use of reasonable force for purposes of self-defence etc) is amended as follows.

(2)Before subsection (6) (force not regarded as reasonable if it was disproportionate) insert—

“(5A)In a householder case, the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was grossly disproportionate in those circumstances.”

(3)In subsection (6) at the beginning insert “ In a case other than a householder case, ”.

(4)After subsection (8) insert—

“(8A)For the purposes of this section “a householder case” is a case where—

(a)the defence concerned is the common law defence of self-defence,

(b)the force concerned is force used by D while in or partly in a building, or part of a building, that is a dwelling or is forces accommodation (or is both),

(c)D is not a trespasser at the time the force is used, and

(d)at that time D believed V to be in, or entering, the building or part as a trespasser.

(8B)Where—

(a)a part of a building is a dwelling where D dwells,

(b)another part of the building is a place of work for D or another person who dwells in the first part, and

(c)that other part is internally accessible from the first part,

that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is a dwelling.

(8C)Where—

(a)a part of a building is forces accommodation that is living or sleeping accommodation for D,

(b)another part of the building is a place of work for D or another person for whom the first part is living or sleeping accommodation, and

(c)that other part is internally accessible from the first part,

that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is forces accommodation.

(8D)Subsections (4) and (5) apply for the purposes of subsection (8A)(d) as they apply for the purposes of subsection (3).

(8E)The fact that a person derives title from a trespasser, or has the permission of a trespasser, does not prevent the person from being a trespasser for the purposes of subsection (8A).

(8F)In subsections (8A) to (8C)—

(5)In subsection (9) (section intended to be clarificatory) after “This section” insert “ , except so far as making different provision for householder cases, ”.

(6)An amendment made by this section does not apply in respect of force used before the amendment comes into force.

Community and other non-custodial sentencingU.K.

44Dealing non-custodially with offendersU.K.

Schedule 16 (which makes provision about community orders, restorative justice, community requirements in suspended sentence orders, compensation orders and fines etc) has effect.

Commencement Information

I70S. 44 in force at 11.12.2013 for specified purposes by S.I. 2013/2981, art. 2(b)(c)

I71S. 44 in force at 17.10.2016 for specified purposes by S.I. 2016/962, art. 2 (with arts. 3, 4)

I72S. 44: amendment to earlier commencing S.I. 2016/962, arts. 3, 4(2) to extend pilot period to 30.6.2018 (9.10.2017) by The Crime and Courts Act 2013 (Commencement No. 15, Transitional and Savings Provisions) (Amendment) Order 2017 (S.I. 2017/976), art. 2

I73S. 44 in force at 13.3.2017 for specified purposes by S.I. 2017/236, art. 2 (with arts. 3, 4)

I74S. 44: amendment to earlier commencing S.I. 2017/236, arts. 3, 4(2) to extend pilot period to 12.3.2019 (12.3.2018 at 10 p.m.) by The Crime and Courts Act 2013 (Commencement No. 17, Transitional and Savings Provisions) (Amendment) Order 2018 (S.I. 2018/357), arts. 1, 2

I75S. 44 in force at 1.4.2019 for specified purposes by S.I. 2018/1423, art. 2(a)

Deferred prosecution agreementsU.K.

45Deferred prosecution agreementsU.K.

Schedule 17 makes provision about deferred prosecution agreements.

Commencement Information

I76S. 45 in force at 24.2.2014 by S.I. 2014/258, art. 2(a)

Proceeds of crimeU.K.

46Restraint orders and legal aidU.K.

(1)Section 41 of the Proceeds of Crime Act 2002 (confiscation in England and Wales: restraint orders) is amended in accordance with subsections (2) to (6).

(2)After subsection (2) insert—

“(2A)A restraint order must be made subject to an exception enabling relevant legal aid payments to be made (a legal aid exception).

(2B)A relevant legal aid payment is a payment that the specified person is obliged to make—

(a)by regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and

(b)in connection with services provided in relation to an offence which falls within subsection (5),

whether the obligation to make the payment arises before or after the restraint order is made.”

(3)In subsection (3)—

(a)after “subject to” insert “ other ”, and

(b)omit paragraph (c).

(4)In subsection (4), for “But an exception to a restraint order” substitute “ But where an exception to a restraint order is made under subsection (3), it ”.

(5)After subsection (5) insert—

“(5A)A legal aid exception—

(a)must be made subject to prescribed restrictions (if any) on—

(i)the circumstances in which payments may be made in reliance on the exception, or

(ii)the amount of the payments that may be made in reliance on the exception,

(b)must be made subject to other prescribed conditions (if any), and

(c)may be made subject to other conditions.

(5B)Any other exception to a restraint order may be made subject to conditions.”

(6)After subsection (9) insert—

“(10)In this section “prescribed” means prescribed by regulations made by the Secretary of State.”

(7)In section 459 of that Act (orders and regulations)—

(a)in subsection (4)(a), after “section” insert “ 41(5A), ”, and

(b)in subsection (6)(a), after “section” insert “ 41(5A), ”.

Commencement Information

I77S. 46(1) in force at 20.3.2015 for specified purposes by S.I. 2015/813, art. 2(a)(i)

I78S. 46(1)(5) in force at 1.6.2015 in so far as not already in force by S.I. 2015/813, art. 3(b)

I79S. 46(2)-(4) in force at 1.6.2015 by S.I. 2015/813, art. 3(b)

I80S. 46(5) in force at 20.3.2015 for specified purposes by S.I. 2015/813, art. 2(a)(ii)

I81S. 46(6)(7) in force at 20.3.2015 by S.I. 2015/813, art. 2(a)(iii)

47Restraint orders and legal aid: supplementaryU.K.

(1)The Secretary of State may by regulations—

(a)make provision about the making of relevant legal aid payments out of property that is the subject of a restraint order under Part 2 of the Proceeds of Crime Act 2002 (“the 2002 Act”), and

(b)make provision in connection with cases in which such payments are or may be made out of such property,

whether by modifying the operation of Part 2 of the 2002 Act or Chapter 1, 2 or 4 of Part 8 of that Act or otherwise.

(2)The provision that may be made by regulations under this section includes—

(a)provision about how much property may be subject to a restraint order, including provision made by reference to the amount or estimated amount of relevant legal aid payments;

(b)provision for a restraint order or other order under Part 2 of the 2002 Act to remain in force, where a relevant legal aid payment remains unpaid, in circumstances in which the order would otherwise have to be discharged;

(c)provision about powers of investigation for the purpose of identifying property that may be used to make relevant legal aid payments, including powers exercisable where an order continues in force in accordance with provision described in paragraph (b);

(d)provision about the use of property in cases in which there is or has been a restraint order, including provision about the order in which different obligations to make payments may or must be satisfied in such cases;

(e)provision about powers of entry, search and seizure;

(f)provision about the payment of compensation by the Lord Chancellor;

(g)provision about the disclosure and use of documents, information and other evidence.

(3)The provision that may be made by regulations under this section (whether by virtue of this section or section 58(12)) includes—

(a)provision conferring, removing or otherwise modifying a function;

(b)provision amending, repealing, revoking or otherwise modifying provision made by or under any enactment (including provision inserted or amended by this Act).

(4)In this section—

(5)In subsection (2)(a) and (c) the references to relevant legal aid payments include any payment that is likely to be a relevant legal aid payment when the obligation to make the payment arises.

Commencement Information

I82S. 47 in force at 20.3.2015 by S.I. 2015/813, art. 2(b)

48Civil recovery of the proceeds etc of unlawful conductU.K.

(1)Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc of unlawful conduct) is amended as follows.

(2)After section 282 insert—

“Scope of powersU.K.
282AScope of powers

(1)An order under this Chapter may be made by the High Court in England and Wales or the Court of Session—

(a)in respect of property wherever situated, and

(b)in respect of a person wherever domiciled, resident or present,

subject to subsection (2).

(2)Such an order may not be made by the High Court in England and Wales or the Court of Session in respect of—

(a)property that is outside the United Kingdom, or

(b)property that is in the United Kingdom but outside the relevant part of the United Kingdom,

unless there is or has been a connection between the case and the relevant part of the United Kingdom.

(3)The circumstances in which there is or has been such a connection include those described in Schedule 7A.

(4)“The relevant part of the United Kingdom” means—

(a)in relation to an order made by the High Court in England and Wales, England and Wales, and

(b)in relation to an order made by the Court of Session, Scotland.”

(3)After Schedule 7 insert—

Section 282A

“Schedule 7AU.K.Connection with relevant part of United Kingdom
Unlawful conductU.K.

1There is a connection where the unlawful conduct occurred entirely or partly in the relevant part of the United Kingdom.

PropertyU.K.

2There has been a connection where the property in question has been in the relevant part of the United Kingdom, but only if it was recoverable property in relation to the unlawful conduct for some or all of the time it was there.

3There is a connection where there is other property in the relevant part of the United Kingdom that is recoverable property in relation to the unlawful conduct.

4There has been a connection where, at any time, there has been other property in the relevant part of the United Kingdom that, at the time, was recoverable property in relation to the unlawful conduct.

PersonU.K.

5(1)There is or has been a connection where a person described in sub-paragraph (2)—

(a)is linked to the relevant part of the United Kingdom,

(b)was linked to that part of the United Kingdom at a time when the unlawful conduct, or some of the unlawful conduct, was taking place, or

(c)has been linked to that part of the United Kingdom at any time since that conduct took place.

(2)Those persons are—

(a)a person whose conduct was, or was part of, the unlawful conduct;

(b)a person who was deprived of property by the unlawful conduct;

(c)a person who holds the property in question;

(d)a person who has held the property in question, but only if it was recoverable property in relation to the unlawful conduct at the time;

(e)a person who holds other property that is recoverable property in relation to the unlawful conduct;

(f)a person who, at any time, has held other property that was recoverable property in relation to the unlawful conduct at the time.

(3)A person is linked to the relevant part of the United Kingdom if the person is—

(a)a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

(b)a person who, under the British Nationality Act 1981, is a British subject,

(c)a British protected person within the meaning of that Act,

(d)a body incorporated or constituted under the law of any part of the United Kingdom, or

(e)a person domiciled, resident or present in the relevant part of the United Kingdom.

Property held on trustU.K.

6(1)There is a connection where the property in question is property held on trust, or an interest in property held on trust, and—

(a)the trust arises under the law of any part of the United Kingdom,

(b)the trust is entirely or partly governed by the law of any part of the United Kingdom,

(c)one or more of the trustees is linked to the relevant part of the United Kingdom, or

(d)one or more of the beneficiaries of the trust is linked to the relevant part of the United Kingdom.

(2)A person is linked to the relevant part of the United Kingdom if the person falls within paragraph 5(3).

(3)“Beneficiaries” includes beneficiaries with a contingent interest in the trust property and potential beneficiaries.

InterpretationU.K.

7“The relevant part of the United Kingdom” has the meaning given in section 282A(4).

8“The unlawful conduct” means—

(a)in a case in which the property in question was obtained through unlawful conduct, that conduct,

(b)in a case in which the property in question represents property obtained through unlawful conduct, that conduct, or

(c)in a case in which it is shown that the property in question was obtained through unlawful conduct of one of a number of kinds or represents property so obtained (see section 242(2)(b)), one or more of those kinds of conduct.”

(4)Omit section 286 (scope of powers: Scotland).

(5)In section 316 (general interpretation), after subsection (8A) insert—

“(8B)An enforcement authority in relation to England and Wales or Scotland may take proceedings there for an order under Chapter 2 of this Part in respect of any property or person, whether or not the property or person is (or is domiciled, resident or present) in that part of the United Kingdom.”

(6)In Schedule 18 to this Act (proceeds of crime: civil recovery of the proceeds etc of unlawful conduct)—

(a)Part 1 makes provision about the enforcement of interim orders in the United Kingdom, and

(b)Part 2 makes provision about enforcement where property or evidence is outside the United Kingdom.

(7)The amendments made by this section and Part 2 of Schedule 18 are deemed always to have had effect.

(8)The amendments made by this section and Schedule 18 do not affect the extent to which provisions of the Proceeds of Crime Act 2002 (other than Chapter 2 of Part 5), or of any other enactment, apply in respect of persons or property outside the United Kingdom or outside a particular part of the United Kingdom.

Extent Information

E5S. 48(2)(3)(5)(6)(7): "the relevant civil recovery provisions" as specified in Sch. 25 para. 1, and to the extent there specified, do not extend to Northern Ireland, see Sch. 25 para. 2

Modifications etc. (not altering text)

Commencement Information

I83S. 48 partly in force; s. 48(1)-(5)(6)(b)(7)(8) in force at Royal Assent, see s. 61(11)(c)

I84S. 48(6)(a) in force at 1.6.2015 by S.I. 2015/964, art. 2(a)

49InvestigationsU.K.

In Schedule 19 (proceeds of crime: investigations)—

(a)Part 1 makes provision about orders and warrants sought under Part 8 of the Proceeds of Crime Act 2002 in connection with civil recovery investigations,

(b)Part 2 makes provision about obtaining evidence overseas, and

(c)Part 3 makes consequential amendments relating to immigration officers and to the National Crime Agency.

Extent Information

Commencement Information

I85S. 49 in force at 1.6.2015 for E.W.S. by S.I. 2015/964, art. 2(c) (with art. 3)

I86S. 49 in force at 1.2.2017 for specified purposes by S.I. 2017/4, art. 2 (with art. 3)

I87S. 49(b) in force at 22.11.2014 for specified purposes by S.I. 2014/3098, art. 3

ExtraditionU.K.

50ExtraditionU.K.

Schedule 20 (extradition) has effect.

Commencement Information

I88S. 50 in force at 29.7.2013 for specified purposes for E.W. by S.I. 2013/1682, art. 2(2)(a)

I89S. 50 in force at 29.7.2013 for specified purposes by S.I. 2013/1682, art. 2(1)(a)

I90S. 50 in force at 18.9.2013 for specified purposes and 14.10.2013 for specified purposes for E.W.N.I. by S.I. 2013/2349, art. 2

I91S. 50 in force at 17.9.2021 in so far as not already in force by S.I. 2021/1018, art. 3

Part 3U.K.Miscellaneous and general

Border controlU.K.

51Immigration cases: appeal rights; and facilitating combined appealsU.K.

F13(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)In section 99 of that Act (pending appeals lapse on issue of certificates)—

(a)in subsection (1) (list of provisions under which certificates may be issued) omit “96(1) or (2),”, and

(b)in the title, for “96 to” substitute “ 97 and ”.

F14(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13S. 51(1) repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 60 table; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F14S. 51(3) repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 7 table; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Commencement Information

I92S. 51 in force at 8.5.2013 by S.I. 2013/1042, art. 2(i)

F1552Appeals against refusal of entry clearance to visit the U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15S. 52 repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 60 table; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F1653Restriction on right of appeal from within the United KingdomU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16S. 53 repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 60 table; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

54Deportation on national security grounds: appealsU.K.

(1)Section 97A of the Nationality, Immigration and Asylum Act 2002 (deportation on national security grounds: appeal rights) is amended as follows.

(2)After subsection (1) insert—

“(1A)This section also applies where the Secretary of State certifies, in the case of a person in respect of whom a deportation order has been made which states that it is made in accordance with section 32(5) of the UK Borders Act 2007, that the person's removal from the United Kingdom would be in the interests of national security.”

(3)For subsection (2)(c) substitute—

“(c)section 2(5) of the Special Immigration Appeals Commission Act 1997 (whether appeals brought against decisions certified under section 97 may be brought from within the United Kingdom) does not apply, but see instead the following provisions of this section.”

(4)After subsection (2) insert—

“(2A)The person while in the United Kingdom may not bring or continue an appeal under section 2 of the Special Immigration Appeals Commission Act 1997—

(a)against the decision to make the deportation order, or

(b)against any refusal to revoke the deportation order,

unless the person has made a human rights claim while in the United Kingdom.

(2B)Subsection (2A) does not allow the person while in the United Kingdom to bring or continue an appeal if the Secretary of State certifies that removal of the person—

(a)to the country or territory to which the person is proposed to be removed, and

(b)despite the appeals process not having been begun or not having been exhausted,

would not breach the United Kingdom's obligations under the Human Rights Convention.

(2C)The grounds upon which a certificate may be given under subsection (2B) include (in particular)—

(a)that the person would not, before the appeals process is exhausted, face a real risk of serious irreversible harm if removed to the country or territory to which the person is proposed to be removed;

(b)that the whole or part of any human rights claim made by the person is clearly unfounded.

(2D)Subsection (2A) does not allow the person while in the United Kingdom to bring an appeal on a non-human-rights ground, or to continue an appeal so far as brought on non-human-rights grounds, if the Secretary of State certifies that removal of the person—

(a)to the country or territory to which the person is proposed to be removed, and

(b)despite the appeals process, so far as relating to appeal on non-human-rights grounds, not having been begun or not having been exhausted,

would not breach the United Kingdom's obligations under the Human Rights Convention.

(2E)In subsection (2D) “non-human-rights ground” means any ground other than the ground that removal of the person from the United Kingdom in consequence of the decision to make the deportation order would be unlawful under section 6 of the Human Rights Act 1998 as being incompatible with a person's Convention rights.

(2F)If a certificate in respect of a person is given under subsection (2B), the person may apply to the Special Immigration Appeals Commission to set aside the certificate.

(2G)If a person makes an application under subsection (2F) then the Commission, in determining whether the certificate should be set aside, must apply the principles that would be applied in judicial review proceedings.

(2H)The Commission's determination of a review under subsection (2F) is final.

(2J)The Commission may direct that a person who has made and not withdrawn an application under subsection (2F) is not to be removed from the United Kingdom at a time when the review has not been finally determined by the Commission.

(2K)Sections 5 and 6 of the Special Immigration Appeals Commission Act 1997 apply in relation to reviews under subsection (2F) (and to applicants for such reviews) as they apply in relation to appeals under section 2 or 2B of that Act (and to persons bringing such appeals).

(2L)Any exercise of power to make rules under section 5 of that Act in relation to reviews under subsection (2F) is to be with a view to securing that proceedings on such reviews are handled expeditiously.”

(5)In subsection (3) (appeal against certificate under subsection (2)(c)(iii)) for “(2)(c)(iii)” substitute “ (2D) ”.

Commencement Information

I93S. 54 in force at 25.6.2013 by S.I. 2013/1042, art. 4(c)

55Powers of immigration officersU.K.

(1)In the Police Act 1997, in section 93 (authorisations to interfere with property etc: authorising officers), in subsection (5), after paragraph (h) insert—

“(ha)an immigration officer who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Secretary of State;”.

(2)In the Regulation of Investigatory Powers Act 2000, in section 32(6) (authorisation of intrusive surveillance: senior authorising officers), after paragraph (m) insert—

“(ma)a senior official in the department of the Secretary of State by whom functions relating to immigration are exercisable who is designated for the purposes of this paragraph by the Secretary of State; and”.

(3)The Proceeds of Crime Act 2002 is amended in accordance with subsections (4) and (5).

(4)In the 2002 Act—

(a)in section 47A (search and seizure powers under sections 47B to 47S: meaning of “appropriate officer”), in subsection (1), after paragraph (a) insert—

“(aa)an immigration officer;”;

(b)in section 127A (search and seizure powers in Scotland under sections 127B to 127R: meaning of “appropriate officer”), in subsection (1), after paragraph (a) insert—

“(aa)an immigration officer, or”;

(c)in section 195A (search and seizure powers in Northern Ireland under sections 195B to 195S: meaning of “appropriate officer”), in subsection (1), after paragraph (a) insert—

“(aa)an immigration officer, or”.

(5)In section 378 of the 2002 Act (appropriate officers and senior appropriate officers for the purposes of investigations under Part 8 of that Act)—

(a)in subsection (1) (appropriate officers for confiscation investigations), after paragraph (d) insert—

“(e)an immigration officer.”;

(b)in subsection (2) (senior appropriate officers for confiscation investigations), after paragraph (c) insert—

“(ca)an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank;”;

(c)in subsection (3A) (appropriate officers for detained cash investigations), after paragraph (b) insert—

“(c)an immigration officer.”;

(d)in subsection (4) (appropriate officers for money laundering investigations), after paragraph (c) insert—

“(d)an immigration officer.”;

(e)in subsection (6) (senior appropriate officers in relation to money laundering investigations), after paragraph (b) insert—

“(ba)an immigration officer who is not below such grade as is designated by the Secretary of State as equivalent to that rank;”.

(6)In the UK Borders Act 2007, in section 24 (seizure of cash by immigration officers under Proceeds of Crime Act 2002)—

(a)in subsection (2), for paragraphs (a) and (b) substitute—

“(a)unlawful conduct”, in or in relation to section 289, means conduct which—

(i)relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or

(ii)is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment,

and (in either case) constitutes an offence,”;

(b)after subsection (2) insert—

“(2A)In subsection (2)(a)(ii) “relevant nationality enactment” means any enactment in—

(a)the British Nationality Act 1981,

(b)the Hong Kong Act 1985,

(c)the Hong Kong (War Wives and Widows) Act 1996,

(d)the British Nationality (Hong Kong) Act 1997,

(e)the British Overseas Territories Act 2002, or

(f)an instrument made under any of those Acts.”.

(7)Sections 136 to 139 of the Criminal Justice and Public Order Act 1994 (execution of warrants and powers of arrest and search) apply to an immigration officer as they apply to a constable (but subject to subsection (8) below and paragraphs 41 to 43 of Schedule 21).

(8)An immigration officer may exercise a power under sections 136 to 139 of the 1994 Act only—

(a)in the exercise of a function which relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including a function which relates to conditions or other controls on any such entitlement),

(b)in exercising a function under, or for the purposes of—

(i)the British Nationality Act 1981,

(ii)the Hong Kong Act 1985,

(iii)the Hong Kong (War Wives and Widows) Act 1996,

(iv)the British Nationality (Hong Kong) Act 1997,

(v)the British Overseas Territories Act 2002,

(vi)an instrument made under any of those Acts, or

(c)in connection with the prevention, investigation or prosecution of any of the following offences (insofar as that does not involve the exercise of a function which falls within paragraph (a) or (b))—

(i)an offence under section 26(1)(a), (b) or (g) of the Immigration Act 1971 (refusal or failure to submit to examination or to furnish information etc, or obstruction of immigration officer);

(ii)an offence under section 22 of the UK Borders Act 2007 (assaulting an immigration officer).

F17(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13)In the Criminal Procedure (Scotland) Act 1995, in section 307 (interpretation)—

(a)in subsection (1), in the definition of “officer of law”, after paragraph (ba) insert—

“(bb)subject to subsection (1AA) below, an immigration officer acting with the authority (which may be general or specific) of the Secretary of State;”;

(b)after subsection (1A) insert—

“(1AA)The inclusion of immigration officers as “officers of law” shall have effect only in relation to immigration offences and nationality offences (within the meaning of Part 3 of the Criminal Law (Consolidation) (Scotland) Act 1995).”;

(c)in subsection (1B), for the words from “this Act” to “had the authority” substitute “this Act—

(a)a certificate of the Commissioners for Her Majesty's Revenue and Customs that an officer of Revenue of Customs, or

(b)a certificate of the Secretary of State that an immigration officer,

had the authority”.

(14)Schedule 21 (powers of immigration officers: further provision) has effect.

Textual Amendments

Commencement Information

I94S. 55(1)(2) in force at 25.6.2013 by S.I. 2013/1042, art. 4(d)

I95S. 55(3) in force at 25.6.2013 for specified purposes by S.I. 2013/1042, art. 4(e)

I96S. 55(3) in force at 22.11.2014 for specified purposes by S.I. 2014/3098, art. 2(a)

I97S. 55(4) in force at 22.11.2014 by S.I. 2014/3098, art. 2(b)

I98S. 55(5) in force at 25.6.2013 by S.I. 2013/1042, art. 4(f)

I99S. 55(6)-(13) in force at 25.6.2013 by S.I. 2013/1042, art. 4(g)

I100S. 55(14) in force at 25.6.2013 for specified purposes by S.I. 2013/1042, art. 4(h)

I101S. 55(14) in force at 22.11.2014 for specified purposes by S.I. 2014/3098, art. 2(c)

Drugs and drivingU.K.

56Drugs and drivingU.K.

(1)After section 5 of the Road Traffic Act 1988 (“the 1988 Act”) insert—

“5ADriving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit

(1)This section applies where a person (“D”)—

(a)drives or attempts to drive a motor vehicle on a road or other public place, or

(b)is in charge of a motor vehicle on a road or other public place,

and there is in D's body a specified controlled drug.

(2)D is guilty of an offence if the proportion of the drug in D's blood or urine exceeds the specified limit for that drug.

(3)It is a defence for a person (“D”) charged with an offence under this section to show that—

(a)the specified controlled drug had been prescribed or supplied to D for medical or dental purposes,

(b)D took the drug in accordance with any directions given by the person by whom the drug was prescribed or supplied, and with any accompanying instructions (so far as consistent with any such directions) given by the manufacturer or distributor of the drug, and

(c)D's possession of the drug immediately before taking it was not unlawful under section 5(1) of the Misuse of Drugs Act 1971 (restriction of possession of controlled drugs) because of an exemption in regulations made under section 7 of that Act (authorisation of activities otherwise unlawful under foregoing provisions).

(4)The defence in subsection (3) is not available if D's actions were—

(a)contrary to any advice, given by the person by whom the drug was prescribed or supplied, about the amount of time that should elapse between taking the drug and driving a motor vehicle, or

(b)contrary to any accompanying instructions about that matter (so far as consistent with any such advice) given by the manufacturer or distributor of the drug.

(5)If evidence is adduced that is sufficient to raise an issue with respect to the defence in subsection (3), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(6)It is a defence for a person (“D”) charged with an offence by virtue of subsection (1)(b) to prove that at the time D is alleged to have committed the offence the circumstances were such that there was no likelihood of D driving the vehicle whilst the proportion of the specified controlled drug in D's blood or urine remained likely to exceed the specified limit for that drug.

(7)The court may, in determining whether there was such a likelihood, disregard any injury to D and any damage to the vehicle.

(8)In this section, and in sections 3A, 6C(1), 6D and 10, “specified” means specified in regulations made—

(a)by the Secretary of State, in relation to driving or attempting to drive, or being in charge of a vehicle, in England and Wales;

(b)by the Scottish Ministers, in relation to driving or attempting to drive, or being in charge of a vehicle, in Scotland.

(9)A limit specified under subsection (2) may be zero.”

(2)In section 11 of the 1988 Act (interpretation of sections 3A to 10), in subsection (2)—

(a)before the definition of “drug” insert—

““controlled drug” has the meaning given by section 2 of the Misuse of Drugs Act 1971,”;

(b)at the end insert—

““specified”, in relation to a controlled drug, has the meaning given by section 5A(8)”.

(3)In section 195 of the 1988 Act (provisions as to regulations), in subsection (3), and in subsections (4) and (4A) (regulations subject to affirmative resolution procedure), before “8(3)” insert “ 5A, ”.

(4)In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences under the Traffic Acts), after the entry beginning “RTA section 5(1)(b)” insert—

“RTA section 5A(1)(a) and (2)Driving or attempting to drive with concentration of specified controlled drug above specified limit.Summarily.On conviction in England and Wales: 51 weeks or level 5 on the standard scale or both. On conviction in Scotland: 6 months or level 5 on the standard scale or both.Obligatory.Obligatory.3-11
RTA section 5A(1)(b) and (2)Being in charge of a motor vehicle with concen-tration of specified controlled drug above specified limit.Summarily.On conviction in England and Wales: 51 weeks or level 4 on the standard scale or both. On conviction in Scotland: 3 months or level 4 on the standard scale or both.Discretionary.Obligatory.10”.

(5)In the entry inserted by subsection (4) beginning “RTA section 5A(1)(a) and (2)”, in relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 the reference to 51 weeks (on conviction in England and Wales) is to be read as a reference to 6 months.

(6)In the entry inserted by subsection (4) beginning “RTA section 5A(1)(b) and (2)”, in relation to an offence committed before the commencement of section 280(2) of the Criminal Justice Act 2003 the reference to 51 weeks (on conviction in England and Wales) is to be read as a reference to 3 months.

(7)Schedule 22 (drugs and driving: minor and consequential amendments) has effect.

Commencement Information

I102S. 56 in force at 2.3.2015 for E.W. by S.I. 2014/3268, art. 2

I103S. 56 in force at 1.3.2018 for N.I. by S.I. 2018/162, art. 2

I104S. 56 in force at 1.3.2018 for S. by S.I. 2018/161, art. 2

Public orderU.K.

57Public order offencesU.K.

(1)The Public Order Act 1986 is amended as follows.

(2)In section 5(1) (harassment, alarm or distress) for “, abusive or insulting” in the two places where it occurs substitute “ or abusive ”.

(3)In section 6(4) (mental element: miscellaneous) for “, abusive or insulting” in the two places where it occurs substitute “ or abusive ”.

Commencement Information

I105S. 57 in force at 1.2.2014 by S.I. 2013/2981, art. 3

GeneralU.K.

58Orders and regulationsU.K.

(1)Orders and regulations made by the Secretary of State or Lord Chancellor under this Act are to be made by statutory instrument.

(2)An order made by the Secretary of State under section 2 is subject to super-affirmative procedure.

(3)Schedule 23 (super-affirmative procedure) has effect.

(4)The Secretary of State or Lord Chancellor may not make a statutory instrument containing any of the following (whether or not also containing other provisions) unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—

(a)an order under paragraph 33 or 34 of Schedule 3;

(b)regulations under paragraph 5 of Schedule 5;

(c)an order under paragraph 27 or 28 of Schedule 5 which amends or repeals any provision of primary legislation;

(d)an order under section 13;

(e)an order under paragraph (p) of the definition of “permitted purpose” in section 16(1);

(f)an order under paragraph 87 of Schedule 13;

(g)an order under section 32(1);

(h)an order under paragraph 3(1)(c) or 31 of Schedule 17;

(i)regulations under section 47;

(j)an order under section 59 which amends or repeals any provision of primary legislation;

(k)an order under section 61 bringing anything in Part 4 of Schedule 16 into force or bringing section 44 into force so far as relating to anything in that Part of that Schedule, other than an order which makes the provision permitted by section 61(8) or (9);

(l)an order under paragraph 5 of Schedule 24.

(5)A statutory instrument made by the Secretary of State or Lord Chancellor containing any of the following is subject to annulment in pursuance of a resolution of either House of Parliament—

(a)regulations under paragraph 1 of Schedule 4;

(b)an order under paragraph 27 or 28 of Schedule 5 which does not amend or repeal any provision of primary legislation;

(c)regulations under paragraph 5 of Schedule 6;

(d)regulations under section 14;

(e)an order under section 59 which does not amend or repeal any provision of primary legislation;

(f)an order under paragraph 1, 2, 3 or 4 of Schedule 24;

(g)an order under Schedule 25.

(6)Subsection (5) does not apply to a statutory instrument that is subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament.

(7)Any provision that may be made by the Secretary of State by order under this Act may be made by the Secretary of State by regulations (and where, in reliance on this subsection, provision is made by regulations instead of by order, this Act applies in relation to the regulations as it would otherwise apply in relation to the order).

(8)Any provision that may be made by the Secretary of State by regulations under this Act may be made by the Secretary of State by order (and where, in reliance on this subsection, provision is made by order instead of by regulations, this Act applies in relation to the order as it would otherwise apply in relation to the regulations).

(9)An order made by the Scottish Ministers under paragraph 27 or 28 of Schedule 5 is subject to the negative procedure unless it amends or repeals any provision of primary legislation, in which case it is subject to the affirmative procedure.

(10)An order made by the Department of Justice in Northern Ireland under paragraph 27 or 28 of Schedule 5 is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(11)A statutory rule containing such an order is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954) unless it amends or repeals any provision of primary legislation, in which case it may not be made unless a draft has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(12)An order or regulations made under this Act by the Secretary of State, the Lord Chancellor, the Scottish Ministers or the Department of Justice in Northern Ireland may—

(a)make different provision for different purposes or areas,

(b)include supplementary, incidental or consequential provision, or

(c)make transitional, transitory or saving provision.

(13)In this section—

59Consequential amendmentsU.K.

(1)The Secretary of State or Lord Chancellor may by order make such provision as the Secretary of State or Lord Chancellor (as the case may be) considers appropriate in consequence of this Act.

(2)The power to make an order under this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment.

(3)In this section “enactment” means an enactment whenever passed or made, and includes an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales and Northern Ireland legislation.

60Transitional, transitory or saving provisionU.K.

The Secretary of State or Lord Chancellor may by order make such transitional, transitory or saving provision as the Secretary of State or Lord Chancellor (as the case may be) considers appropriate—

(a)in connection with the coming into force of any provision of this Act, or

(b)where Part 4 of Schedule 16 and section 44 so far as relating to that Part of that Schedule are brought into force in relation to a specified area for a specified period, in connection with those provisions ceasing to be in force at the end of that period or at the end of that period as continued under section 61(9).

61Short title, commencement and extentU.K.

(1)This Act may be cited as the Crime and Courts Act 2013.

(2)Subject as follows, this Act comes into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes and, in the case of Part 4 of Schedule 16 and section 44 so far as relating to that Part of that Schedule, for different areas.

(3)Sections 17, 20 to 30 and 32 and Schedules 9 to 11, 13 and 14 come into force on such day as the Lord Chancellor may by order appoint; and different days may be appointed for different purposes.

(4)Subsection (3) does not apply to—

(a)Part 5 of Schedule 13, or section 20 so far as relating to that Part;

(b)section 26(2).

(5)Section 19 comes into force on the day after the day on which this Act is passed.

(6)Sections 26(2), 31 and 33 come into force at the end of the period of two months beginning with the day on which this Act is passed.

(7)Sections 34 to 39 come into force at the end of the period of one year beginning with the day on which a body is established by Royal Charter with the purpose of carrying on activities relating to the recognition of independent regulators of relevant publishers (as defined by section 41).

(8)An order which brings the monitoring provisions into force only in relation to a specified area may provide that they are to be in force in relation to that area for a specified period; and in this subsection and subsection (9) “the monitoring provisions” means Part 4 of Schedule 16, and section 44 so far as relating to that Part of that Schedule.

(9)An order containing the provision permitted by subsection (8) may be amended by a subsequent order under subsection (2) so as to continue the monitoring provisions in force in relation to the area concerned for a further period.

(10)An order which includes provision for the commencement of section 49 or Schedule 19 may not be made unless the Secretary of State has consulted the Scottish Ministers.

(11)The following come into force on the day on which this Act is passed—

(a)Part 5 of Schedule 13, and section 20 so far as relating to that Part;

(b)section 43;

(c)section 48 (except subsection (6)(a));

(d)Part 2 of Schedule 18;

(e)sections 58 to 60 and this section;

(f)Schedules 24 and 25.

(12)Subject as follows, this Act extends to England and Wales, Scotland and Northern Ireland.

(13)The following extend to England and Wales only—

(a)section 24;

(b)section 32;

(c)section 33;

(d)sections 34 to 42;

(e)paragraph 30 of Schedule 16 and section 44 so far as relating to that paragraph, but only so far as relating to disclosure or use of information by a person appointed under section 2(1) of the Courts Act 2003 or provided under a contract made by virtue of section 2(4) of that Act;

(f)the amendments and repeals made by this Act in sections 4(5A) to (6A) and 6(2) of the Maintenance Orders (Facilities for Enforcement) Act 1920, in sections 8(4) and 33(3) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 and in section 14 of the Contempt of Court Act 1981;

(g)paragraphs 1 to 31 and 39 of Schedule 17, and section 45 so far as relating to those paragraphs.

F18(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15)Except as provided by subsections (13) F19..., an amendment, repeal or revocation has the same extent as the provision amended, repealed or revoked (ignoring extent by virtue of an Order in Council).

(16)Subsection (15) applies to section 43 only so far as the provisions amended extend to England and Wales or apply in relation to service offences.

(17)Subsection (15) does not apply to amendments made by section 27(13) and (14) or to the amendments made by this Act in the Government Annuities Act 1929 or the Friendly Societies Act 1974 (which amendments, accordingly, extend to England and Wales, Scotland and Northern Ireland only).

(18)This section is subject to Schedule 24 (the NCA: Northern Ireland).

(19)This section is subject to Schedule 25 (proceeds of crime provisions: Northern Ireland).

(20)Her Majesty may by Order in Council provide for any provision of section 51, 52, 53 or 54 to extend, with or without modifications, to—

(a)any of the Channel Islands, or

(b)the Isle of Man.

(21)Her Majesty may by Order in Council provide for provisions of Part 8 of Schedule 16 (amendments of Armed Forces Act 2006) to extend, with or without modifications, to—

(a)any of the Channel Islands,

(b)the Isle of Man, or

(c)any of the British overseas territories.

(22)The power conferred by section 338 of the Criminal Justice Act 2003 (power to extend to Channel Islands and Isle of Man) is exercisable in relation to any amendment of that Act that is made by or under this Act.

(23)The power conferred by section 52(2) of the Civil Jurisdiction and Judgments Act 1982 (power to extend to Channel Islands, Isle of Man and British overseas territories) is exercisable in relation to any amendment of that Act that is made by or under this Act.

Textual Amendments

Modifications etc. (not altering text)

SCHEDULES

Section 1

SCHEDULE 1U.K.The NCA & NCA officers

Part 1U.K.The NCA

Functions exercisable on behalf of CrownU.K.

1U.K.NCA functions are exercisable on behalf of the Crown.

Commencement Information

I106Sch. 1 para. 1 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Efficiency and effectivenessU.K.

2U.K.It is the duty of the Director General to secure that NCA functions are discharged efficiently and effectively.

Commencement Information

I107Sch. 1 para. 2 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Financial yearU.K.

3(1)The first financial year of the NCA is the period that—U.K.

(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.

Commencement Information

I108Sch. 1 para. 3 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

ChargingU.K.

4(1)The NCA may charge a person for any service provided at the person's request.U.K.

(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.

Commencement Information

I109Sch. 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 crimeU.K.

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).U.K.

(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.

Commencement Information

I110Sch. 1 para. 5 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Activities in ScotlandU.K.

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.U.K.

(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.

Commencement Information

I111Sch. 1 para. 6 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

[F20Investigatory activity in Northern IrelandU.K.

Textual Amendments

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— U.K.

(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)F21In this paragraph “relevant investigatory activity” means any activity which is authorised by ...—

[F22(za)a targeted equipment interference warrant under Part 5 of the Investigatory Powers Act 2016;]

(a)[F23an authorisation granted under any of the following provisions of the] Regulation of Investigatory Powers Act 2000—

(i)section 28 (directed surveillance);

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

[F24(iia)section 29B (covert human intelligence sources: criminal conduct);]

(iii)section 32 (intrusive surveillance);

(b)[F25an authorisation granted under] section 93 of the Police Act 1997 (authorisation in respect of property).]

[F26(4)For the purpose of sub-paragraph (1), a relevant investigatory activity falling within sub-paragraph (3)(za) is to be regarded as carried out in Northern Ireland if (and to the extent that)—

(a)the equipment that is being interfered with under the warrant is in Northern Ireland, and

(b)at the time of the carrying out of the activity, the NCA officer knows that the equipment is in Northern Ireland.

(5)Sub-paragraph (6) applies where—

(a)in the carrying out by an NCA officer of a relevant investigatory activity falling within sub-paragraph (3)(za), equipment in Northern Ireland is interfered with under the warrant,

(b)at the time the interference begins, the NCA officer does not know that the equipment is in Northern Ireland, and

(c)at any time while the interference is continuing, the NCA officer becomes aware that the equipment is in Northern Ireland.

(6)The NCA officer is not to be regarded as in breach of sub-paragraph (1) if the interference continues after the NCA officer becomes aware that the equipment is in Northern Ireland, provided that the officer informs the Chief Constable of the Police Service of Northern Ireland about the interference as soon as reasonably practicable.]

Textual Amendments

F21Words in Sch. 1 para. 6A(3) omitted (5.12.2018) by virtue of Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 70(2)(a) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/1246, reg. 3(l)(iii)

F23Words in Sch. 1 para. 6A(3)(a) substituted (5.12.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 70(2)(c) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/1246, reg. 3(l)(iii)

F24Sch. 1 para. 6A(3)(a)(iia) inserted (10.8.2021 for specified purposes, 15.9.2021 for specified purposes, 30.9.2021 in so far as not already in force) by Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4), s. 9(2), Sch. para. 14; S.I. 2021/605, reg. 2(a)(b)(c)

Part 2U.K.NCA officers

Selection and appointment of the Director GeneralU.K.

7(1)The Secretary of State is to select and appoint the Director General, after consultation with—U.K.

(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.

Extent Information

E8Sch. 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

I112Sch. 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 StateU.K.

8(1)The Secretary of State may call upon the Director General to resign or retire—U.K.

(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.

Extent Information

E10Sch. 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

I113Sch. 1 para. 8 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Selection of other NCA officers for appointmentU.K.

9(1)The Director General is to select other persons for appointment as National Crime Agency officers.U.K.

(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.

Commencement Information

I114Sch. 1 para. 9 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Delegation of Director General's functionsU.K.

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.U.K.

(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.

Modifications etc. (not altering text)

C8Sch. 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

I115Sch. 1 para. 10 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

ContinuityU.K.

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.U.K.

(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.

Commencement Information

I116Sch. 1 para. 11 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Persons with operational powers who become NCA officersU.K.

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—U.K.

(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.

Commencement Information

I117Sch. 1 para. 12 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Secondments to NCAU.K.

13(1)The Director General may make arrangements for persons to be seconded to the NCA to serve as National Crime Agency officers.U.K.

(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.

Commencement Information

I118Sch. 1 para. 13 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Secondments by NCAU.K.

14(1)The Director General may make arrangements for NCA officers to be seconded to a UK police force.U.K.

(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).

Commencement Information

I119Sch. 1 para. 14 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

NCA specialsU.K.

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”).U.K.

(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.

Commencement Information

I120Sch. 1 para. 15 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Section 4

SCHEDULE 2U.K.The framework document & annual report

Part 1 U.K.The framework document

The documentU.K.

1(1)The framework document is a document which deals with ways in which the NCA is to operate, including—U.K.

(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.

Commencement Information

I121Sch. 2 para. 1 in force at 27.5.2013 by S.I. 2013/1042, art. 3(j)

Duty to issue documentU.K.

2U.K.The Secretary of State must—

(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).

Commencement Information

I122Sch. 2 para. 2 in force at 7.10.2013 by S.I. 2013/1682, art. 3(e)

Duty to have regard to documentU.K.

3U.K.The 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.

Commencement Information

I123Sch. 2 para. 3 in force at 7.10.2013 by S.I. 2013/1682, art. 3(e)

Role of Director GeneralU.K.

4(1)The Secretary of State must—U.K.

(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).

Commencement Information

I124Sch. 2 para. 4 in force at 27.5.2013 by S.I. 2013/1042, art. 3(j)

Consultation with devolved administrationsU.K.

5U.K.The Secretary of State must consult—

(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.

Extent Information

E12Sch. 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

I125Sch. 2 para. 5 in force at 27.5.2013 by S.I. 2013/1042, art. 3(j)

Publication & distributionU.K.

6(1)This paragraph applies on each occasion when the Secretary of State issues a framework document.U.K.

(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.

Extent Information

E14Sch 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

I126Sch. 2 para. 6 in force at 7.10.2013 by S.I. 2013/1682, art. 3(e)

Part 2 U.K.The annual report

Duty to issue reportU.K.

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”).U.K.

(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.

Commencement Information

I127Sch. 2 para. 7 in force at 7.10.2013 by S.I. 2013/1682, art. 3(e)

Publication & distributionU.K.

8(1)The Director General must—U.K.

(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.

Extent Information

E16Sch. 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

I128Sch. 2 para. 8 in force at 7.10.2013 by S.I. 2013/1682, art. 3(e)

Section 5

SCHEDULE 3U.K.Relationships between NCA and other agencies

Part 1 U.K.Co-operation

Duty to co-operateU.K.

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.U.K.

(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.

Extent Information

E18Sch. 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

I129Sch. 3 para. 1 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Co-operation arrangementsU.K.

2U.K.For 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).

Commencement Information

I130Sch. 3 para. 2 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Part 2 U.K.Exchange of information

Duty to keep NCA informed & disclose information: police forcesU.K.

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—U.K.

(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.

Extent Information

E20Sch. 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

I131Sch. 3 para. 3 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Duty to keep police forces informedU.K.

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.U.K.

(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.

Commencement Information

I132Sch. 3 para. 4 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Duty to keep NCA informed: government bodiesU.K.

5(1)Each specified body must keep the Director General informed of any information held by that body which—U.K.

(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).

Commencement Information

I133Sch. 3 para. 5 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Duty to keep government bodies informedU.K.

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.U.K.

(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.

Commencement Information

I134Sch. 3 para. 6 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Meaning of “specified body” & “relevant function”U.K.

7U.K.In paragraphs 5 and 6—

(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).

Commencement Information

I135Sch. 3 para. 7 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Part 3 U.K.Assistance within the UK

Voluntary assistance by NCA: the UK, the Channel Islands & the Isle of ManU.K.

8(1)The Director General may provide assistance to—U.K.

(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.

Commencement Information

I136Sch. 3 para. 8 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Voluntary assistance to NCA: the UKU.K.

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.U.K.

(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.

Commencement Information

I137Sch. 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 etcU.K.

10(1)The Secretary of State may direct the Director General to provide specified assistance to—U.K.

(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.

Commencement Information

I138Sch. 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 etcU.K.

11(1)The Director General may direct any of the following to provide specified assistance to the NCA—U.K.

(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).

Commencement Information

I139Sch. 3 para. 11 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Directed assistance by NCA: ScotlandU.K.

12(1)The Scottish Ministers may direct the Director General to provide specified assistance to the Police Service of Scotland.U.K.

(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.

Commencement Information

I140Sch. 3 para. 12 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Directed assistance to NCA: ScotlandU.K.

13U.K.The 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.

Commencement Information

I141Sch. 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.

Extent Information

E22Sch. 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

I142Sch. 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.

Extent Information

E23Sch. 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

I143Sch. 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?U.K.

16U.K.For the purposes of this Part of this Schedule, it is appropriate for a person (“R”) to receive directed assistance from another person (“P”) if—

(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.

Commencement Information

I144Sch. 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 providedU.K.

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—U.K.

(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—

Commencement Information

I145Sch. 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 assistanceU.K.

18(1)An individual who is provided under this Part of this Schedule—U.K.

(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.

Commencement Information

I146Sch. 3 para. 18 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Part 4 U.K.Use of police facilities etc by NCA

Voluntary arrangements: police forces outside LondonU.K.

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).U.K.

(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.

Commencement Information

I147Sch. 3 para. 19 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Voluntary arrangements: the metropolitan police forceU.K.

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.U.K.

(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.

Commencement Information

I148Sch. 3 para. 20 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Voluntary arrangements: the City of London police forceU.K.

21U.K.The 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.

Commencement Information

I149Sch. 3 para. 21 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Voluntary arrangements: immigration or customs facilitiesU.K.

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.U.K.

(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—

Commencement Information

I150Sch. 3 para. 22 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Directed arrangements: England and Wales police forcesU.K.

23(1)If it appears to the Secretary of State that—U.K.

(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.

Commencement Information

I151Sch. 3 para. 23 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Voluntary arrangements: Police Service of Northern IrelandU.K.

24U.K.The 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.

Commencement Information

I152Sch. 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

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

(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.

Extent Information

E24Sch. 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

I153Sch. 3 para. 25 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Arrangements: terms, variation and terminationU.K.

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.U.K.

(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.

Extent Information

E26Sch. 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

I154Sch. 3 para. 26 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Consultation before directionU.K.

27U.K.Before a person (“D”) gives a direction under this Part of this Schedule to another person (“P”), D must—

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

(b)consider any representations made by P.

Commencement Information

I155Sch. 3 para. 27 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

FacilitiesU.K.

28U.K.In this Part of this Schedule “facilities” means—

(a)premises,

(b)equipment, and

(c)other material, facilities and services.

Commencement Information

I156Sch. 3 para. 28 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Part 5 U.K.Payment for tasks, assistance or facilities

Payments by Director GeneralU.K.

29(1)The Director General must pay the appropriate amount to the fundholding body for a UK police force if—U.K.

(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.

Commencement Information

I157Sch. 3 para. 29 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Payments by policeU.K.

30U.K.The fundholding body for a UK police force must pay the appropriate amount to the Director General if—

(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.

Commencement Information

I158Sch. 3 para. 30 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Payments by law enforcement agenciesU.K.

31U.K.A UK law enforcement agency must pay the appropriate amount to the Director General if—

(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.

Commencement Information

I159Sch. 3 para. 31 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

The “appropriate amount”U.K.

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—U.K.

(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—

Commencement Information

I160Sch. 3 para. 32 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Part 6 U.K.General

Directed tasking or assistance: power to amend those who may be directedU.K.

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—U.K.

(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.

Commencement Information

I161Sch. 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 etcU.K.

34(1)The Secretary of State may, by order, amend paragraph 7 of this Schedule by making any of the following kinds of provision—U.K.

(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.

Commencement Information

I162Sch. 3 para. 34 in force at 8.5.2013 by S.I. 2013/1042, art. 2(j)

DirectionsU.K.

35(1)A person given a direction under this Schedule must comply with it.U.K.

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

Commencement Information

I163Sch. 3 para. 35 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

InterpretationU.K.

36U.K.In this Schedule—

Commencement Information

I164Sch. 3 para. 36 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Section 8

SCHEDULE 4U.K.NCA: general

Regulations as to equipmentU.K.

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.U.K.

(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.

Commencement Information

I165Sch. 4 para. 1 in force at 8.5.2013 by S.I. 2013/1042, art. 2(k)

Liability of NCA for unlawful actsU.K.

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.U.K.

(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.

Modifications etc. (not altering text)

C9Sch. 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

I166Sch. 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 teamsU.K.

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.U.K.

(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.

Commencement Information

I167Sch. 4 para. 3 in force at 7.10.2013 by S.I. 2013/1682, art. 3(k)

Application of discrimination legislation to secondees: Northern IrelandU.K.

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.U.K.

(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.

Commencement Information

I168Sch. 4 para. 4 in force at 7.10.2013 by S.I. 2013/1682, art. 3(k)

InterpretationU.K.

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—U.K.

F27(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

F28(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I169Sch. 4 para. 5 in force at 7.10.2013 by S.I. 2013/1682, art. 3(k)

Section 9

SCHEDULE 5U.K.Police, customs and immigration powers

Part 1U.K.Director General: Commissioners' powers exercisable under section 9(1)

Powers only exercisable in relation to customs mattersU.K.

1U.K.If a power of the Commissioners is exercisable both—

(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.

Commencement Information

I170Sch. 5 para. 1 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Powers exercisable under warrantU.K.

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.U.K.

(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.

Commencement Information

I171Sch. 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 GeneralU.K.

3U.K.The following powers of the Commissioners are not exercisable by the Director General under section 9(1)—

(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.

Commencement Information

I172Sch. 5 para. 3 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Part 2U.K.Director General: designation under section 9

Advisory panelU.K.

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)—U.K.

(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—

Commencement Information

I173Sch. 5 para. 4 in force at 27.5.2013 by S.I. 2013/1042, art. 3(k)

No advisory panelU.K.

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.U.K.

(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.

Commencement Information

I174Sch. 5 para. 5 in force at 8.5.2013 by S.I. 2013/1042, art. 2(l)

Part 3U.K.Further provision about designations under section 9 or 10

Limitations in designationU.K.

6(1)A designation may be made subject to any limitations specified in the designation.U.K.

(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.

Commencement Information

I175Sch. 5 para. 6 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Duration of designationU.K.

7(1)A designation has effect without limitation of time, unless the designation specifies a period for which it is to have effect.U.K.

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

Commencement Information

I176Sch. 5 para. 7 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

NCA officers having operational powers from another officeU.K.

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.U.K.

(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.

Commencement Information

I177Sch. 5 para. 8 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Evidence of designationU.K.

9(1)A designated officer must produce evidence of the designation if—U.K.

(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.

Commencement Information

I178Sch. 5 para. 9 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Part 4U.K.Designations: powers and privileges of constables

The Director GeneralU.K.

10(1)If the Director General is designated as a person having the powers and privileges of a constable, the Director General has—U.K.

(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.

Commencement Information

I179Sch. 5 para. 10 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Other NCA officersU.K.

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—U.K.

(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.

[F29(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—

Extent Information

E28Sch. 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

Textual Amendments

Commencement Information

I180Sch. 5 para. 11 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Application of territorial restrictionsU.K.

12U.K.Any 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.

Commencement Information

I181Sch. 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.

Extent Information

E30Sch. 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

I182Sch. 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 ScotlandU.K.

14U.K.When 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.

Commencement Information

I183Sch. 5 para. 14 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Employment lawU.K.

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.U.K.

(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.

Commencement Information

I184Sch. 5 para. 15 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Part 5U.K.Designations: powers of officers of Revenue and Customs

NCA officersU.K.

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.U.K.

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

Commencement Information

I185Sch. 5 para. 16 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Powers only exercisable in relation to customs mattersU.K.

17U.K.If a power of an officer of Revenue and Customs 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.

Commencement Information

I186Sch. 5 para. 17 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Powers exercisable under warrantU.K.

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.U.K.

(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.

Commencement Information

I187Sch. 5 para. 18 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

[F31Part 5AU.K.Designations: Powers of general customs officials

Textual Amendments

F31Sch. 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 officersU.K.

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 mattersU.K.

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 warrantU.K.

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 6U.K.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.

Commencement Information

I188Sch. 5 para. 19 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Powers exercisable under warrantU.K.

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.U.K.

(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.

Commencement Information

I189Sch. 5 para. 20 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Part 7U.K.Offences relating to designations

Resistance or wilful obstruction of designated officers etcU.K.

21(1)A person commits an offence if the person resists or wilfully obstructs—U.K.

(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.

Commencement Information

I190Sch. 5 para. 21 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Assault on designated officers etcU.K.

22(1)A person commits an offence if the person assaults—U.K.

(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.

Commencement Information

I191Sch. 5 para. 22 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Impersonation of designated officer etcU.K.

23(1)A person commits an offence if, with intent to deceive—U.K.

(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.

Commencement Information

I192Sch. 5 para. 23 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Transitional provision relating to offencesU.K.

24U.K.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 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.

Commencement Information

I193Sch. 5 para. 24 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Part 8U.K.General

Payment of revenue to the CommissionersU.K.

25(1)The Director General must pay to the Commissioners any money received by way of proceeds of forfeitures—U.K.

(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.

Commencement Information

I194Sch. 5 para. 25 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Modification of referencesU.K.

26U.K.If, in accordance with section 9(1) or any provision of this Schedule—

(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;

[F32(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.

Textual Amendments

F32Sch. 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

I195Sch. 5 para. 26 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Power to make further provisionU.K.

27(1)The relevant national authority may, by order, make such provision as that authority considers appropriate in consequence of—U.K.

(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;

[F33(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.

Textual Amendments

F33Sch. 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

I196Sch. 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 NCAU.K.

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—U.K.

(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,

[F34(ca)a general customs official,]

(d)the Commissioners, or

(e)an immigration officer.

Textual Amendments

F34Sch. 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

I197Sch. 5 para. 28 in force at 8.5.2013 by S.I. 2013/1042, art. 2(l)

General provision about ordersU.K.

29(1)The power to make an order under paragraph 27 or 28 may, in particular, be exercised by—U.K.

(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.

Commencement Information

I198Sch. 5 para. 29 in force at 8.5.2013 by S.I. 2013/1042, art. 2(l)

InterpretationU.K.

30U.K.In this Schedule—

Extent Information

E32Sch. 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

I199Sch. 5 para. 30 in force at 8.5.2013 by S.I. 2013/1042, art. 2(l)

Section 11

SCHEDULE 6U.K.Inspections and complaints

Part 1 U.K.Inspections

Inspections in ScotlandU.K.

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.U.K.

(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.

Commencement Information

I200Sch. 6 para. 1 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

Inspections in Northern IrelandU.K.

2U.K.Before 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.

Commencement Information

I201Sch. 6 para. 2 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

Publication of HMIC reportsU.K.

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.U.K.

(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.

Commencement Information

I202Sch. 6 para. 3 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

NCA responseU.K.

4(1)The Director General must—U.K.

(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.

[F35(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.

Textual Amendments

F35Sch. 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

I203Sch. 6 para. 4 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

Disclosure of informationU.K.

5(1)The Director General must—U.K.

(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.

Commencement Information

I204Sch. 6 para. 5(1)-(4) in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

I205Sch. 6 para. 5(5)(6) in force at 8.5.2013 by S.I. 2013/1042, art. 2(m)

Access to premisesU.K.

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—U.K.

(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.

Commencement Information

I206Sch. 6 para. 6 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

InterpretationU.K.

7U.K.In this Part of this Schedule—

Commencement Information

I207Sch. 6 para. 7 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

Part 2 U.K.Complaints: other amendments

Police Reform Act 2002U.K.

8U.K.The Police Reform Act 2002 is amended as follows.

Commencement Information

I208Sch. 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.U.K.

(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).

Commencement Information

I209Sch. 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.U.K.

(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.”.

Commencement Information

I210Sch. 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.U.K.

(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)).

Commencement Information

I211Sch. 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.U.K.

(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 ”.

Commencement Information

I212Sch. 6 para. 12 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

13U.K.Omit section 16A (investigations: NPIA involvement).

Commencement Information

I213Sch. 6 para. 13 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

14U.K.In section 17, omit subsection (6).

Commencement Information

I214Sch. 6 para. 14 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

15U.K.Omit sections 26A and 26B (agreements about complaints about the Serious Organised Crime Agency or the National Policing Improvement Agency).

Commencement Information

I215Sch. 6 para. 15 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

16U.K.In section 29 (interpretation of Part 2), in subsection (3), for paragraphs (b) and (c) substitute—

“(ca)a National Crime Agency officer; or”.

Commencement Information

I216Sch. 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.U.K.

(2)In paragraph 16(3), for paragraphs (b) and (c) substitute—

“(d)a National Crime Agency officer,”.

F36(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36Sch. 6 para. 17(3) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss., 183(5)(e), Sch. 5 para. 53; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

Commencement Information

I217Sch. 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 2007U.K.

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.U.K.

(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.

Commencement Information

I218Sch. 6 para. 18 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

Police (Northern Ireland) Act 1998E+W+S

19E+W+SIn section 61 of the Police (Northern Ireland) Act 1998 (reports), in subsection (5)(c), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

Extent Information

E34Sch. 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

I219Sch. 6 para. 19 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

Section 12

SCHEDULE 7U.K.Information: restrictions on disclosure

Part 1 U.K.Statutory restrictions

1[F37(1)]This Part of this Act does not authorise or require—U.K.

(a)a disclosure, in contravention of any provisions of [F38the data protection legislation], of personal data which [F39is] not exempt from those provisions, or

(b)a disclosure which is prohibited by [F40any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016].

[F41(2)In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]

Textual Amendments

F37Sch. 7 para. 1(1): Sch. 7 para. 1 renumbered as Sch. 7 para. 1(1) (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 182(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F38Words in Sch. 7 para. 1(1)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 182(3)(a) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F39Word in Sch. 7 para. 1(1)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 182(3)(b) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F40Words in Sch. 7 para. 1(b) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 29 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)

Commencement Information

I220Sch. 7 para. 1 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Part 2 U.K.Restrictions on disclosures of particular types of information

HMRC & customs informationU.K.

2(1)An NCA officer must not disclose—U.K.

(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—

Commencement Information

I221Sch. 7 para. 2 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Social security informationU.K.

3(1)An NCA officer must not disclose social security information unless the relevant authority consents to the disclosure.U.K.

(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—

Commencement Information

I222Sch. 7 para. 3 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Intelligence service informationU.K.

4(1)An NCA officer must not disclose intelligence service information unless the relevant authority consents to the disclosure.U.K.

(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—

Commencement Information

I223Sch. 7 para. 4 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Arrangements for publishing informationU.K.

5U.K.The 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).

Commencement Information

I224Sch. 7 para. 5 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Part 3 U.K.Restrictions on further disclosures of information

Information generallyU.K.

6(1)If an NCA officer has disclosed information to a person (the “original recipient”), that person must not further disclose the information unless—U.K.

(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.

Commencement Information

I225Sch. 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 CommissionersU.K.

7(1)This paragraph applies to information disclosed by an NCA officer under section 7(7) to the Commissioners.U.K.

(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.

Commencement Information

I226Sch. 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 AdvocateU.K.

8U.K.Information disclosed by an NCA officer under section 7(7) to the Lord Advocate may be further disclosed only if the disclosure is—

(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.

Commencement Information

I227Sch. 7 para. 8 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Part 4 U.K.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—U.K.

(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).

Commencement Information

I228Sch. 7 para. 9 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Part 5 U.K.Offences relating to wrongful disclosure of information

10(1)An NCA officer commits an offence if—U.K.

(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)[F42the general limit in a magistrates’ court] 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 [F432 May 2022], the reference in sub-paragraph (7)(a)(i) to the period of [F44the general limit in a magistrates’ court] is to be read as a reference to the period of 6 months.

Textual Amendments

Commencement Information

I229Sch. 7 para. 10 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Part 6 U.K.General

ConsentsU.K.

11U.K.A consent to disclosure of information under any provision of this Schedule may be given in relation to—

(a)a particular disclosure, or

(b)disclosures made in circumstances specified or described in the consent.

Commencement Information

I230Sch. 7 para. 11 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

InterpretationU.K.

12U.K.In this Schedule—

Commencement Information

I231Sch. 7 para. 12 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Section 15

SCHEDULE 8U.K.Abolition of SOCA and NPIA

Modifications etc. (not altering text)

Part 1 U.K.Transitional, transitory and saving provision

Transfer schemesU.K.

1(1)The Secretary of State may make—U.K.

(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.

Commencement Information

I232Sch. 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—U.K.

(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.

Commencement Information

I233Sch. 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—U.K.

(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.

Commencement Information

I234Sch. 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—U.K.

(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).

Commencement Information

I235Sch. 8 para. 4 in force at 8.5.2013 by S.I. 2013/1042, art. 2(n)

5U.K.In paragraphs 2 to 4—

Commencement Information

I236Sch. 8 para. 5 in force at 8.5.2013 by S.I. 2013/1042, art. 2(n)

Continuity in relation to functionsU.K.

6(1)The abolition of SOCA or the NPIA does not affect the validity of anything done before the abolition.U.K.

(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—