Crime and Courts Act 2013

Section 61(18)

SCHEDULE 24 The NCA: Northern Ireland

Provisions that do not extend to Northern Ireland

1 (1) The relevant NCA provisions do not extend to Northern Ireland.

(2) The Secretary of State may, by order, provide that any other provision of Part 1 of this Act is not to extend to Northern Ireland.

(3) This paragraph is subject to paragraph 2.

Power to provide for provisions to extend to Northern Ireland

2 The Secretary of State may, by order, provide for any of the following to extend to Northern Ireland—

(a) any relevant NCA provision;

(b) any provision in respect of which an order has been made under paragraph 1(2).

Provisions extended to Northern Ireland: consequential provision

3 The Secretary of State may, by order, make such provision as the Secretary of State considers appropriate in consequence of, or in connection with, a provision of this Act extending to Northern Ireland by virtue of an order under paragraph 2.

Provisions not extending to Northern Ireland: consequential provision

4 The Secretary of State may, by order, make such provision as the Secretary of State considers appropriate in consequence of, or in connection with, a provision of this Act not extending to Northern Ireland by virtue of—

(a) paragraph 1(1), or

(b) an order under paragraph 1(2).

NCA functions in Northern Ireland

5 The Secretary of State may, by order, make such provision as the Secretary of State considers appropriate for modifying the ways in which—

(a) NCA functions are exercised in Northern Ireland, or

(b) the exercise of NCA functions in Northern Ireland is planned or supervised.

Consent of Northern Ireland Assembly to transferred provision

6 (1) The Secretary of State may not make an order under this Schedule which makes transferred provision unless the Northern Ireland Assembly consents to the making of that provision.

(2) In this paragraph “transferred provision” means provision which, if it were contained in an Act of the Northern Ireland Assembly—

(a) would be within the legislative competence of the Assembly, and

(b) would deal with a transferred matter without being ancillary to other provision (whether in the Act or previously enacted) which deals with an excepted matter or reserved matter.

Orders under this Schedule: particular provision

7 (1) The provision that may be made by an order under paragraph 2, 3, 4 or 5 (whether by virtue of that paragraph or section 58(12)) includes—

(a) provision conferring, removing or otherwise modifying a function (whether or not exercisable in, or in relation to, Northern Ireland);

(b) provision amending, repealing, revoking or otherwise modifying any enactment (including an enactment contained in, or amended by, this Act).

(2) The making of an order under any provision of this Schedule does not prevent—

(a) a further order from being made under that provision, or

(b) an order from being made under any other provision of this Schedule.

(3) An order under paragraph 2 or 3 may modify or reverse the effects of an order made under paragraph 4.

(4) Sub-paragraphs (1) to (3) do not limit the powers conferred by paragraphs 2, 3, 4 and 5.

(5) In this paragraph “function” includes—

(a) an NCA function, and

(b) a function of the Secretary of State.

Interpretation

8 Expressions used in this Schedule and in Part 1 of this Act have the same meanings in this Schedule as in that Part.

9 For the purposes of this Schedule, each of the provisions of this Act specified in the following table (including any amendment, repeal or revocation made by such a provision) is a “relevant NCA provision”.

The relevant NCA provisions

Section 3	subsection (2)(a) so far as it requires consultation with the Department of Justice in Northern Ireland
Section 4	subsection (6)(a) so far as it requires consultation with the Department of Justice in Northern Ireland subsection (7)(b) subsection (8)(c)
Section 11	subsection (8)
Schedule 1	paragraph 7(1)(b) paragraph 8(3)(b)
Schedule 2	paragraph 5(b) paragraph 6(2)(b)(ii), (4) and (5) paragraph 8(4) and (5)
Schedule 3	paragraph 1(2) so far as it imposes a duty on: (a) a member of the Police Service of Northern Ireland,  or (b) a person operating in Northern Ireland who falls   within paragraph 1(3)(f) paragraph 3 so far as it relates to the Chief Constable of the Police Service of Northern Ireland paragraph 14 paragraph 15 paragraph 25 paragraph 26(3)(b)
Schedule 5	paragraph 11(1)(c) paragraph 11(6) to (8) in paragraph 11(9), the definitions of “Northern Ireland general authorisation” and “Northern Ireland operational authorisation” paragraph 13 in paragraph 30, the definition of “powers and privileges of a Northern Ireland constable”
Schedule 6	paragraph 19
Schedule 8	the provisions of Part 2 and Part 3 so far as they relate to transferred matters

10 In this Schedule—

• “ancillary” has the meaning given in section 6(3) of the Northern Ireland Act 1998;

• “excepted matter”, “reserved matter” and “transferred matter” have the meanings given by section 4(1) of the Northern Ireland Act 1998.