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Part 1U.K.The National Crime Agency

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.

[F1(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

E1S. 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

I1S. 11(1)-(5)(7)-(8) in force at 7.10.2013 by S.I. 2013/1682, art. 3(o)

I2S. 11(6) in force at 8.5.2013 for specified purposes by S.I. 2013/1042, art. 2(d)

I3S. 11(6) in force at 7.10.2013 in so far as not already in force by S.I. 2013/1682, art. 3(p)

I4S. 11(9) in force at 8.5.2013 for specified purposes by S.I. 2013/1042, art. 2(e)

I5S. 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

I6S. 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

I7S. 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

I8S. 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

I9S. 15(1)(2) in force at 7.10.2013 by S.I. 2013/1682, art. 3(t)

I10S. 15(3) in force at 8.5.2013 for specified purposes by S.I. 2013/1042, art. 2(g)

I11S. 15(3) in force at 27.5.2013 for specified purposes by S.I. 2013/1042, art. 3(h)

I12S. 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

Textual Amendments

Commencement Information

I13S. 16 in force at 8.5.2013 by S.I. 2013/1042, art. 2(h)