Crime and Courts Act 2013

SCHEDULES

Section 1

SCHEDULE 1 U.K. The NCA & NCA officers

Part 1 U.K. The NCA

Functions exercisable on behalf of Crown U.K.

1 U.K. NCA functions are exercisable on behalf of the Crown.

Commencement Information

I1 Sch. 1 para. 1 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Efficiency and effectiveness U.K.

2 U.K. It is the duty of the Director General to secure that NCA functions are discharged efficiently and effectively.

Commencement Information

I2 Sch. 1 para. 2 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Financial year U.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

I3 Sch. 1 para. 3 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Charging U.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

I4 Sch. 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 crime U.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

I5 Sch. 1 para. 5 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Activities in Scotland U.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

I6 Sch. 1 para. 6 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

[F1 Investigatory activity in Northern Ireland U.K.

Textual Amendments

F1 Sch. 1 para. 6A inserted (19.5.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), art. 1(3), Sch. 2 para. 15

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) F2 In this paragraph “relevant investigatory activity” means any activity which is authorised by ...—

[F3 (za) a targeted equipment interference warrant under Part 5 of the Investigatory Powers Act 2016;]

(a) [F4 an 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);

[F5 (iia) section 29B (covert human intelligence sources: criminal conduct);]

(iii) section 32 (intrusive surveillance);

(b) [F6 an authorisation granted under] section 93 of the Police Act 1997 (authorisation in respect of property).]

[F7 (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

F2 Words 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)

F3 Sch. 1 para. 6A(3)(za) inserted (5.12.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 70(2)(b) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/1246, reg. 3(l)(iii)

F4 Words 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)

F5 Sch. 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)

F6 Words in Sch. 1 para. 6A(3)(b) inserted (5.12.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 70(2)(d) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/1246, reg. 3(l)(iii)

F7 Sch. 1 paras. 6A(4)-(6) inserted (5.12.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 70(3) (with Sch. 9 paras. 7, 8, 10); S.I. 2018/1246, reg. 3(l)(iii)

Part 2 U.K. NCA officers

Selection and appointment of the Director General U.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

E1 Sch. 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

E2 Sch. 1 para. 7(1)(b) extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), 3(1)(c)(i)

Commencement Information

I7 Sch. 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 State U.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

E3 Sch. 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

E4 Sch. 1 para. 8(3)(b) extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), 3(1)(c)(ii)

Commencement Information

I8 Sch. 1 para. 8 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Selection of other NCA officers for appointment U.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

I9 Sch. 1 para. 9 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Delegation of Director General's functions U.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)

C1 Sch. 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

I10 Sch. 1 para. 10 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Continuity U.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

I11 Sch. 1 para. 11 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Persons with operational powers who become NCA officers U.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

I12 Sch. 1 para. 12 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Secondments to NCA U.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

I13 Sch. 1 para. 13 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Secondments by NCA U.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

I14 Sch. 1 para. 14 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

NCA specials U.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

I15 Sch. 1 para. 15 in force at 7.10.2013 by S.I. 2013/1682, art. 3(b)

Section 4

SCHEDULE 2 U.K. The framework document & annual report

Part 1 U.K. The framework document

The document U.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

I16 Sch. 2 para. 1 in force at 27.5.2013 by S.I. 2013/1042, art. 3(j)

Duty to issue document U.K.

2 U.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

I17 Sch. 2 para. 2 in force at 7.10.2013 by S.I. 2013/1682, art. 3(e)

Duty to have regard to document U.K.

3 U.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

I18 Sch. 2 para. 3 in force at 7.10.2013 by S.I. 2013/1682, art. 3(e)

Role of Director General U.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

I19 Sch. 2 para. 4 in force at 27.5.2013 by S.I. 2013/1042, art. 3(j)

Consultation with devolved administrations U.K.

5 U.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

E5 Sch. 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

E6 Sch. 2 para. 5(b) extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), 3(1)(d)(i)

Commencement Information

I20 Sch. 2 para. 5 in force at 27.5.2013 by S.I. 2013/1042, art. 3(j)

Publication & distribution U.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

E7 Sch 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

E8 Sch. 2 para. 6(2)(b)(ii)(4)(5) extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), 3(1)(d)(ii)

Commencement Information

I21 Sch. 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 report U.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

I22 Sch. 2 para. 7 in force at 7.10.2013 by S.I. 2013/1682, art. 3(e)

Publication & distribution U.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

E9 Sch. 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

E10 Sch. 2 para. 8(4)(5) extended (N.I.) (20.3.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(2), 3(1)(d)(iii)

Commencement Information

I23 Sch. 2 para. 8 in force at 7.10.2013 by S.I. 2013/1682, art. 3(e)

Section 5

SCHEDULE 3 U.K. Relationships between NCA and other agencies

Part 1 U.K. Co-operation

Duty to co-operate U.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

E11 Sch. 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

E12 Sch. 3 para. 1(2) extended (N.I.) (19.5.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(3), 4(1)(b)(i)

Commencement Information

I24 Sch. 3 para. 1 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Co-operation arrangements U.K.

2 U.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

I25 Sch. 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 forces U.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

E13 Sch. 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

E14 Sch. 3 para. 3 extended (N.I.) (19.5.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(3), 4(1)(b)(ii)

Commencement Information

I26 Sch. 3 para. 3 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Duty to keep police forces informed U.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

I27 Sch. 3 para. 4 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Duty to keep NCA informed: government bodies U.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

I28 Sch. 3 para. 5 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Duty to keep government bodies informed U.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

I29 Sch. 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.

7 U.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 bodies	Relevant 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

I30 Sch. 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 Man U.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

I31 Sch. 3 para. 8 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Voluntary assistance to NCA: the UK U.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

I32 Sch. 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 etc U.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

I33 Sch. 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 etc U.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

I34 Sch. 3 para. 11 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Directed assistance by NCA: Scotland U.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

I35 Sch. 3 para. 12 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Directed assistance to NCA: Scotland U.K.

13 U.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

I36 Sch. 3 para. 13 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Directed assistance by NCA: Northern Ireland E+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

E15 Sch. 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

I37 Sch. 3 para. 14 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Directed assistance to NCA: Northern Ireland E+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

E16 Sch. 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

I38 Sch. 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.

16 U.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

I39 Sch. 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 provided U.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—

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

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

Commencement Information

I40 Sch. 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 assistance U.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

I41 Sch. 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 London U.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

I42 Sch. 3 para. 19 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Voluntary arrangements: the metropolitan police force U.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

I43 Sch. 3 para. 20 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Voluntary arrangements: the City of London police force U.K.

21 U.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

I44 Sch. 3 para. 21 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Voluntary arrangements: immigration or customs facilities U.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—

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

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

  (a)

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

  (b)

  functions of an immigration officer;

• “relevant person” means—

  (a)

  the Secretary of State, or

  (b)

  the Director of Border Revenue.

Commencement Information

I45 Sch. 3 para. 22 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Directed arrangements: England and Wales police forces U.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

I46 Sch. 3 para. 23 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Voluntary arrangements: Police Service of Northern Ireland U.K.

24 U.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

I47 Sch. 3 para. 24 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Directed arrangements: Police Service of Northern Ireland E+W+S

25 E+W+S If 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

E17 Sch. 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

E18 Sch. 3 para. 25 extended (N.I.) (19.5.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(3), 4(1)(b)(iii)

Commencement Information

I48 Sch. 3 para. 25 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Arrangements: terms, variation and termination U.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

E19 Sch. 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

E20 Sch. 3 para. 26(3)(b) extended (N.I.) (19.5.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(3), 4(1)(b)(iv)

Commencement Information

I49 Sch. 3 para. 26 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Consultation before direction U.K.

27 U.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

I50 Sch. 3 para. 27 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Facilities U.K.

28 U.K. In this Part of this Schedule “facilities” means—

(a) premises,

(b) equipment, and

(c) other material, facilities and services.

Commencement Information

I51 Sch. 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 General U.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

I52 Sch. 3 para. 29 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Payments by police U.K.

30 U.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

I53 Sch. 3 para. 30 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Payments by law enforcement agencies U.K.

31 U.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

I54 Sch. 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—

• “Northern Ireland body” means—

  (a)

  the Police Service of Northern Ireland,

  (b)

  a Northern Ireland department, and

  (c)

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

• “Scottish body” means—

  (a)

  the Scottish Police Authority,

  (b)

  the Scottish Administration, and

  (c)

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

Commencement Information

I55 Sch. 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 directed U.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

I56 Sch. 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 etc U.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

I57 Sch. 3 para. 34 in force at 8.5.2013 by S.I. 2013/1042, art. 2(j)

Directions U.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

I58 Sch. 3 para. 35 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Interpretation U.K.

36 U.K. In this Schedule—

• “fundholding body” means—

  (a)

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

  (b)

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

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

Commencement Information

I59 Sch. 3 para. 36 in force at 7.10.2013 by S.I. 2013/1682, art. 3(g)

Section 8

SCHEDULE 4 U.K. NCA: general

Regulations as to equipment U.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

I60 Sch. 4 para. 1 in force at 8.5.2013 by S.I. 2013/1042, art. 2(k)

Liability of NCA for unlawful acts U.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)

C2 Sch. 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))

C3 Sch. 4 para. 2 modified (31.7.2017) by The Criminal Justice (European Investigation Order) Regulations 2017 (S.I. 2017/730), regs. 1(1), 34(9)(a) (with regs. 3, 34(1))

Commencement Information

I61 Sch. 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 teams U.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

I62 Sch. 4 para. 3 in force at 7.10.2013 by S.I. 2013/1682, art. 3(k)

Application of discrimination legislation to secondees: Northern Ireland U.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

I63 Sch. 4 para. 4 in force at 7.10.2013 by S.I. 2013/1682, art. 3(k)

Interpretation U.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.

F8 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (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.

F9 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 4 para. 5(1)(a)(b) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 70(a); 2020 c. 1, Sch. 5 para. 1(1)

F9 Sch. 4 para. 5(2) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 70(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I64 Sch. 4 para. 5 in force at 7.10.2013 by S.I. 2013/1682, art. 3(k)

Section 9

SCHEDULE 5 U.K. Police, customs and immigration powers

Part 1 U.K. Director General: Commissioners' powers exercisable under section 9(1)

Powers only exercisable in relation to customs matters U.K.

1 U.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

I65 Sch. 5 para. 1 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Powers exercisable under warrant U.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

I66 Sch. 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 General U.K.

3 U.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

I67 Sch. 5 para. 3 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Part 2 U.K. Director General: designation under section 9

Advisory panel U.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—

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

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

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

Commencement Information

I68 Sch. 5 para. 4 in force at 27.5.2013 by S.I. 2013/1042, art. 3(k)

No advisory panel U.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

I69 Sch. 5 para. 5 in force at 8.5.2013 by S.I. 2013/1042, art. 2(l)

Part 3 U.K. Further provision about designations under section 9 or 10

Limitations in designation U.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

I70 Sch. 5 para. 6 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Duration of designation U.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

I71 Sch. 5 para. 7 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

NCA officers having operational powers from another office U.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

I72 Sch. 5 para. 8 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Evidence of designation U.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

I73 Sch. 5 para. 9 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Part 4 U.K. Designations: powers and privileges of constables

The Director General U.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

I74 Sch. 5 para. 10 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Other NCA officers U.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.

[F10 (6) An NCA officer may only exercise the powers and privileges of a Northern Ireland constable if—

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

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

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

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

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

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

(9) In this paragraph—

• “Northern Ireland general authorisation” means an agreement between—

  (a)

  the Director General, and

  (b)

  the Department of Justice in Northern Ireland,

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

• F11 ...

• “Scottish general authorisation” means an agreement between—

  (a)

  the Director General, and

  (b)

  the Scottish Ministers,

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

• “Scottish operational authorisation” means an agreement between—

  (a)

  the Director General, and

  (b)

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

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

Extent Information

E21 Sch. 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

E22 Sch. 5 para. 11(1)(c)(6)-(8)(9) extended (N.I.) (19.5.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(3), 4(1)(c)(ii)

Textual Amendments

F10 Sch. 5 para. 11(6)(7) substituted for Sch. 5 para. 11(6)-(8) (19.5.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), art. 1(3), Sch. 1 para. 2(2)

F11 Words in Sch. 5 para. 11(9) omitted (19.5.2015) by virtue of The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), art. 1(3), Sch. 1 para. 2(3)

Commencement Information

I75 Sch. 5 para. 11 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Application of territorial restrictions U.K.

12 U.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

I76 Sch. 5 para. 12 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Powers exercisable under warrant E+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

E23 Sch. 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

E24 Sch. 5 para. 13 extended (N.I.) (19.5.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(3), 4(1)(c)(iv)

Commencement Information

I77 Sch. 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 Scotland U.K.

14 U.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

I78 Sch. 5 para. 14 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Employment law U.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

I79 Sch. 5 para. 15 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Part 5 U.K. Designations: powers of officers of Revenue and Customs

NCA officers U.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

I80 Sch. 5 para. 16 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Powers only exercisable in relation to customs matters U.K.

17 U.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

I81 Sch. 5 para. 17 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Powers exercisable under warrant U.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

I82 Sch. 5 para. 18 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

[F12 Part 5A U.K. Designations: Powers of general customs officials

Textual Amendments

F12 Sch. 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 officers U.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 matters U.K.

18B If 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 warrant U.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 6 U.K. Designations: powers of immigration officers

NCA officers E+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

I83 Sch. 5 para. 19 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Powers exercisable under warrant U.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

I84 Sch. 5 para. 20 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Part 7 U.K. Offences relating to designations

Resistance or wilful obstruction of designated officers etc U.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

I85 Sch. 5 para. 21 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Assault on designated officers etc U.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

I86 Sch. 5 para. 22 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Impersonation of designated officer etc U.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

I87 Sch. 5 para. 23 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Transitional provision relating to offences U.K.

24 U.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

I88 Sch. 5 para. 24 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Part 8 U.K. General

Payment of revenue to the Commissioners U.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

I89 Sch. 5 para. 25 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Modification of references U.K.

26 U.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;

[F13 (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

F13 Sch. 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

I90 Sch. 5 para. 26 in force at 7.10.2013 by S.I. 2013/1682, art. 3(m)

Power to make further provision U.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;

[F14 (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

F14 Sch. 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

I91 Sch. 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 NCA U.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,

[F15 (ca) a general customs official,]

(d) the Commissioners, or

(e) an immigration officer.

Textual Amendments

F15 Sch. 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

I92 Sch. 5 para. 28 in force at 8.5.2013 by S.I. 2013/1042, art. 2(l)

General provision about orders U.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

I93 Sch. 5 para. 29 in force at 8.5.2013 by S.I. 2013/1042, art. 2(l)

Interpretation U.K.

30 U.K. In this Schedule—

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

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

• “designation” means—

  (a)

  a designation of the Director General under section 9, or

  (b)

  a designation of any other NCA officer under section 10;

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

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

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

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

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

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

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

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

  (a)

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

  (b)

  the Scottish Ministers, in relation to Scottish devolved provision;

  (c)

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

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

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

Extent Information

E25 Sch. 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

E26 Sch. 5 para. 30 extended (N.I.) (19.5.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(3), 4(1)(c)(v)

Commencement Information

I94 Sch. 5 para. 30 in force at 8.5.2013 by S.I. 2013/1042, art. 2(l)

Section 11

SCHEDULE 6 U.K. Inspections and complaints

Part 1 U.K. Inspections

Inspections in Scotland U.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

I95 Sch. 6 para. 1 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

Inspections in Northern Ireland U.K.

2 U.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

I96 Sch. 6 para. 2 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

Publication of HMIC reports U.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

I97 Sch. 6 para. 3 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

NCA response U.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.

[F16 (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

F16 Sch. 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

I98 Sch. 6 para. 4 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

Disclosure of information U.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

I99 Sch. 6 para. 5(1)-(4) in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

I100 Sch. 6 para. 5(5)(6) in force at 8.5.2013 by S.I. 2013/1042, art. 2(m)

Access to premises U.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

I101 Sch. 6 para. 6 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

Interpretation U.K.

7 U.K. In this Part of this Schedule—

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

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

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

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

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

• “policing inspectorate” means—

  (a)

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

  (b)

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

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

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

Commencement Information

I102 Sch. 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 2002 U.K.

8 U.K. The Police Reform Act 2002 is amended as follows.

Commencement Information

I103 Sch. 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

I104 Sch. 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

I105 Sch. 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

I106 Sch. 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

I107 Sch. 6 para. 12 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

13 U.K. Omit section 16A (investigations: NPIA involvement).

Commencement Information

I108 Sch. 6 para. 13 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

14 U.K. In section 17, omit subsection (6).

Commencement Information

I109 Sch. 6 para. 14 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

15 U.K. Omit sections 26A and 26B (agreements about complaints about the Serious Organised Crime Agency or the National Policing Improvement Agency).

Commencement Information

I110 Sch. 6 para. 15 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

16 U.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

I111 Sch. 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,”.

F17 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Sch. 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

I112 Sch. 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 2007 U.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

I113 Sch. 6 para. 18 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

Police (Northern Ireland) Act 1998 E+W+S

19 E+W+S In 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

E27 Sch. 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

E28 Sch. 6 para. 19 extended (N.I.) (19.5.2015) by The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 (S.I. 2015/798), arts. 1(3), 4(1)(d)

Commencement Information

I114 Sch. 6 para. 19 in force at 7.10.2013 by S.I. 2013/1682, art. 3(q)

Section 12

SCHEDULE 7 U.K. Information: restrictions on disclosure

Part 1 U.K. Statutory restrictions

1 [F18 (1)] This Part of this Act does not authorise or require— U.K.

(a) a disclosure, in contravention of any provisions of [F19 the data protection legislation], of personal data which [F20 is] not exempt from those provisions, or

(b) a disclosure which is prohibited by [F21 any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016].

[F22 (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

F18 Sch. 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)

F19 Words 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)

F20 Word 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)

F21 Words 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)

F22 Sch. 7 para. 1(2) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 182(4) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Commencement Information

I115 Sch. 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 information U.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—

• “HMRC information” means information obtained by the NCA from the Commissioners or a person acting on behalf of the Commissioners;

• “personal customs information” and “personal customs revenue information” have the same meanings as in the Borders, Citizenship and Immigration Act 2009 (see section 15(4) of that Act);

• “relevant authority” means—

  (a)

  the Commissioners or an officer of Revenue and Customs (in the case of a disclosure or further disclosure of HMRC information);

  (b)

  the Secretary of State or a designated general customs official (in the case of a disclosure or further disclosure of personal customs information);

  (c)

  the Director of Border Revenue or a designated customs revenue official (in the case of a disclosure or further disclosure of personal customs revenue information).

Commencement Information

I116 Sch. 7 para. 2 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Social security information U.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—

• “relevant authority” means—

  (a)

  the Secretary of State (in the case of a disclosure or further disclosure of information held, when disclosed to the NCA, for the purposes of the functions of the Secretary of State);

  (b)

  the Department for Social Development in Northern Ireland (in the case of a disclosure or further disclosure of information held, when disclosed to the NCA, for the purposes of the functions of a Northern Ireland department);

• “social security information” means information which, when disclosed to the NCA, was information held for the purposes of any of the following functions of the Secretary of State or a Northern Ireland Department—

  (a)

  functions relating to social security, including functions relating to—

  (i)

  statutory payments as defined in section 4C(11) of the Social Security Contributions and Benefits Act 1992;

  (ii)

  maternity allowance under section 35 of that Act;

  (iii)

  statutory payments as defined in section 4C(11) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

  (iv)

  maternity allowance under section 35 of that Act;

  (v)

  schemes and arrangements under section 2 of the Employment and Training Act 1973;

  (b)

  functions relating to the investigation and prosecution of offences relating to tax credits.

Commencement Information

I117 Sch. 7 para. 3 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Intelligence service information U.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—

• “intelligence service” means—

  (a)

  the Security Service,

  (b)

  the Secret Intelligence Service, or

  (c)

  GCHQ (which has the same meaning as in the Intelligence Services Act 1994);

• “intelligence service information” means information obtained from an intelligence service or a person acting on behalf of an intelligence service;

• “relevant authority” means—

  (a)

  the Director-General of the Security Service (in the case of information obtained by the NCA from that Service or a person acting on its behalf);

  (b)

  the Chief of the Secret Intelligence Service (in the case of information obtained by the NCA from that Service or a person acting on its behalf);

  (c)

  the Director of GCHQ (in the case of information obtained from GCHQ or a person acting on its behalf).

Commencement Information

I118 Sch. 7 para. 4 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Arrangements for publishing information U.K.

5 U.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

I119 Sch. 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 generally U.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

I120 Sch. 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 Commissioners U.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

I121 Sch. 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 Advocate U.K.

8 U.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

I122 Sch. 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

I123 Sch. 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) [F23 the 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 [F24 2 May 2022], the reference in sub-paragraph (7)(a)(i) to the period of [F25 the general limit in a magistrates’ court] is to be read as a reference to the period of 6 months.

Textual Amendments

F23 Words in Sch. 7 para. 10(7)(a)(i) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

F24 Words in Sch. 7 para. 10(8) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

F25 Words in Sch. 7 para. 10(8) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

Commencement Information

I124 Sch. 7 para. 10 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Part 6 U.K. General

Consents U.K.

11 U.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

I125 Sch. 7 para. 11 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Interpretation U.K.

12 U.K. In this Schedule—

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

• “PCA 2002” means the Proceeds of Crime Act 2002.

Commencement Information

I126 Sch. 7 para. 12 in force at 7.10.2013 by S.I. 2013/1682, art. 3(r)

Section 15

SCHEDULE 8 U.K. Abolition of SOCA and NPIA

Modifications etc. (not altering text)

C4 Sch. 8 modified (7.10.2013) by The National Crime Agency (Limitation of Extension to Northern Ireland) Order 2013 (S.I. 2013/2326), arts. 1, arts. 3-5

Part 1 U.K. Transitional, transitory and saving provision

Transfer schemes U.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

I127 Sch. 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

I128 Sch. 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

I129 Sch. 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

I130 Sch. 8 para. 4 in force at 8.5.2013 by S.I. 2013/1042, art. 2(n)

5 U.K. In paragraphs 2 to 4—

• “civilian staff”, in relation to an England and Wales police force, means a person employed by the policing body for that force;

• “designated”, in relation to a staff transfer scheme or a property transfer scheme, means specified in, or determined in accordance with, the scheme;

• “designated transferee” means a person in respect of whom a staff transfer scheme makes provision of the kind referred to in paragraph 2(1)(a) or (b);

• “Home Office” means the department of the Secretary of State having responsibility for policing;

• “instrument” includes a designation, authorisation, warrant, or order of any court;

• “transferor”, in relation to a staff transfer scheme or a property transfer scheme, means any of the following to which the scheme relates—

  (a)

  SOCA;

  (b)

  the NPIA;

  (c)

  the chief officer of, or the policing body, for an England and Wales police force;

  (d)

  any other person;

• “TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006.

Commencement Information

I131 Sch. 8 para. 5 in force at 8.5.2013 by S.I. 2013/1042, art. 2(n)

Continuity in relation to functions U.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—

• “instrument” includes a designation, authorisation, warrant, or order of any court;

• “NPIA functions” means functions of—

  (a)

  the NPIA,

  (b)

  a member of the NPIA, or

  (c)

  a member of the staff of the NPIA;

• “SOCA functions” means functions of—

  (a)

  SOCA,

  (b)

  a member of SOCA, or

  (c)

  a member of the staff of SOCA.

Commencement Information

I132 Sch. 8 para. 6 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Continuity in relation to subordinate legislation U.K.

7 (1) After the changeover, the subordinate legislation specified in an entry in the first column of the following table— U.K.

(a) continues to have effect (subject to any subsequent amendment or revocation) as if made under the powers conferred by the provision of this Act specified in the corresponding entry in the second column; and

(b) may be amended or revoked by (in particular) the exercise of the powers conferred by that provision.

Subordinate legislation	Provision of this Act
The Serious Organised Crime and Police Act 2005 (Application and Modification of Certain Enactments to Designated Staff of SOCA) Order 2006 (S.I. 2006/987)	Paragraphs 27 to 29 of Schedule 5
The International Joint Investigation Teams (International Agreement) Order 2009 (S.I. 2009/3269), insofar as it is made under powers conferred by the Serious Organised Crime and Police Act 2005	Paragraph 5(1)(c) of Schedule 4
The Serious Organised Crime and Police Act 2005 (Disclosure of Information by SOCA) Order 2010 (S.I. 2010/1955)	Paragraph (p) of the definition of “permitted purpose” in section 16(1)

(2) Insofar as subordinate legislation continues to have effect by virtue of sub-paragraph (1), it does so subject to the following modifications.

The Serious Organised Crime and Police Act 2005 (Application and Modification of Certain Enactments to Designated Staff of SOCA) Order 2006 (S.I. 2006/987)

Articles 2 and 4(4) and paragraph 21 of Schedule 1	The reference to section 43(1)(a) of the Serious Organised Crime and Police Act 2005 has effect as a reference to section 9 or 10 of this Act
Articles 3(b) and 4(1)(b)	The reference to Chapter 2 of Part 1 of the Serious Organised Crime and Police Act 2005 has effect as a reference to Part 1 of this Act
Article 4(3)	The reference to section 46 of the Serious Organised Crime and Police Act 2005 has effect as a reference to Part 4 of Schedule 5 to this Act
Article 5 and Paragraph 6 of Schedule 2	The reference to section 43(1)(c) of the Serious Organised Crime and Police Act 2005 has effect as a reference to section 9 or 10 of this Act
Articles 6(b) and 7(1)(b)	The reference to Chapter 2 of Part 1 of the Serious Organised Crime and Police Act 2005 has effect as a reference to Part 1 of this Act
Schedule 1	Each reference to a SOCA office has effect as a reference to a place for the time being occupied by the National Crime Agency

The International Joint Investigation Teams (International Agreement) Order 2009 (S.I. 2009/3269)

Article 2(d)

The reference to sections 30(5)(c) and 57(6)(c) of the Serious Organised Crime and Police Act 2005 has effect as a reference to paragraph 5(1)(c) of Schedule 4 to this Act

The Serious Organised Crime and Police Act 2005 (Disclosure of Information by SOCA) Order 2010 (S.I. 2010/1955)

Article 2

The reference to section 33 of the Serious Organised Crime and Police Act 2005 has effect as a reference to the definition of “permitted purpose” in section 16(1) of this Act

(3) The modifications applicable to any subordinate legislation by virtue of sub-paragraph (2) are in addition to any other modifications applicable to that subordinate legislation (whether by virtue of Part 4 of this Schedule or otherwise).

(4) The preceding provisions of this paragraph are without prejudice to sections 59 (consequential amendments) and 60 (transitional, transitory or saving provision).

Commencement Information

I133 Sch. 8 para. 7 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Members of SOCA U.K.

8 (1) The Secretary of State may pay such amount (if any) as the Secretary of State thinks appropriate to a person who ceases to be a SOCA board member at the changeover. U.K.

(2) In this paragraph “SOCA board member” means a person who is a member of SOCA by virtue of paragraph 1(1)(a) or (c) of Schedule 1 to the Serious Organised Crime and Police Act 2005 (the chairman and ordinary members).

Commencement Information

I134 Sch. 8 para. 8 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

SOCA annual reports and accounts U.K.

9 (1) The repeal of sections 7 and 20 of the Serious Organised Crime and Police Act 2005 (annual reports and accounts) by this Act does not affect the application of those sections, after the changeover, in relation to times before the changeover. U.K.

(2) Sections 7 and 20 of the 2005 Act apply in relation to the final period as they apply to any financial year of SOCA (and, accordingly, references in those sections to a financial year of SOCA include references to the final period).

(3) After the changeover, the duties imposed on SOCA by sections 7 and 20 of the 2005 Act are to be discharged by the Director General of the National Crime Agency.

(4) In this paragraph “final period” means the period which—

(a) begins with the last 1 April to fall before the changeover, and

(b) ends with the changeover.

Commencement Information

I135 Sch. 8 para. 9 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Saving of accrued pension rights etc U.K.

10 (1) The amendments of the Superannuation Act 1972 made by Part 2 of this Schedule do not affect the operation of that Act in relation to employment of any of the following kinds by any person— U.K.

(a) employment by SOCA;

(b) employment as a member of the staff of the NPIA.

(2) The amendments of the Police Pensions Act 1976 made by Part 2 of this Schedule do not affect the operation of that Act in relation to service of any of the following kinds by any person—

(a) service as an employee of SOCA;

(b) relevant service within paragraph (ca) or (cb) of section 97(1) of the Police Act 1996;

(c) relevant service within section 38A(1)(ba) of the Police (Scotland) Act 1967;

(d) service as a member of the staff of NPIA.

Commencement Information

I136 Sch. 8 para. 10 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Prospective

Scottish police reform U.K.

11 (1) The power conferred by section 60 may, in particular, be exercised to make provision to secure that the NCA provisions have full effect despite the coming into force of particular NCA provisions before the coming into force of particular Scottish police reform provisions. U.K.

(2) Such provision may, in particular, modify a reference in any of the NCA provisions to any person, body or other thing created by the Scottish police reform provisions.

(3) That includes the modification of a reference—

(a) to the Police Service of Scotland, in particular by providing for it to have effect as, or as including, a reference to one or more of the following—

(i) an existing Scottish police force;

(ii) the Scottish Crime and Drugs Enforcement Agency;

(b) to the chief constable of the Police Service of Scotland, in particular by providing for it to have effect as, or as including, a reference to one or more of the following—

(i) the chief constable of an existing Scottish police force;

(ii) the Scottish Crime and Drugs Enforcement Agency;

(iii) the Director General of that Agency;

(c) to the Scottish Police Authority, in particular by providing for it to have effect as, or as including, a reference to one or more of the following—

(i) an existing Scottish police authority;

(ii) the Scottish Crime and Drugs Enforcement Agency;

(iii) the Director General of that Agency;

(iv) the Scottish Police Services Authority;

(d) to constables in the Police Service of Scotland, in particular by providing for it to have effect as, or as including, a reference to one or more of the following—

(i) constables in existing Scottish police forces;

(ii) police members of the Scottish Crime and Drugs Enforcement Agency;

(iii) support staff members of the Scottish Crime and Drugs Enforcement Agency.

(4) In this paragraph—

• “existing Scottish police authority” means a body which is a police authority by virtue of section 2 of the Police (Scotland) Act 1967 or a joint police board constituted in accordance with an amalgamation scheme made under that Act;

• “existing Scottish police force” means a police force maintained under, or by virtue of, section 1 of the Police (Scotland) Act 1967;

• “NCA provisions” means the provisions of this Part of this Act (including any amendments of other enactments made by this Part of this Act);

• “Scottish police reform provisions” means the provisions of Part 1 of the Police and Fire Reform (Scotland) Act 2012.

F26 ... U.K.

Textual Amendments

F26 Sch. 8 Pt. 1 crossheading omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 76

F27 12 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27 Sch. 8 para. 12 omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 76

Interpretation U.K.

13 U.K. In this Part of this Schedule—

• “changeover” means the time when section 1 comes into force;

• “NPIA” means the National Policing Improvement Agency;

• “SOCA” means the Serious Organised Crime Agency.

Commencement Information

I137 Sch. 8 para. 13 in force at 8.5.2013 by S.I. 2013/1042, art. 2(n)

Part 2 U.K. Minor and consequential amendments and repeals

Extent Information

E29 Sch. Pt. 2: "the relevant NCA provisions" as specified in the table in Sch. 24 para. 9, and to the extent there specified, do not extend to Northern Ireland, see Sch. 24 paras. 1, 2

Explosives Act 1875 (c. 17) U.K.

14 (1) Section 75 of the Explosives Act 1875 is amended in accordance with this paragraph. U.K.

(2) In subsection (1), for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

(3) In subsection (2), for the words from “means” to “2005” substitute “ means a National Crime Agency officer who is for the time being designated under section 9 or 10 of the Crime and Courts Act 2013 ”.

Commencement Information

I138 Sch. 8 para. 14 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Police (Property) Act 1897 (c. 30) U.K.

15 (1) Section 2A of the Police (Property) Act 1897 (application to SOCA) is amended in accordance with this paragraph. U.K.

(2) In the heading, for “SOCA” substitute “ the National Crime Agency ”.

(3) In subsection (1), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(4) In subsection (2)—

(a) for “Serious Organised Crime Agency” substitute “ National Crime Agency ”;

(b) in paragraph (a) for “member of staff of that Agency” substitute “ National Crime Agency officer ”.

(5) In subsection (3), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

Commencement Information

I139 Sch. 8 para. 15 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Public Records Act 1958 (c. 51) U.K.

16 U.K. In Schedule 1 to the Public Records Act 1958, in Part 2 of the table at the end of paragraph 3, omit—

(a) the entry relating to the National Policing Improvement Agency;

(b) the entry relating to the Serious Organised Crime Agency.

Commencement Information

I140 Sch. 8 para. 16 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Offices, Shops and Railway Premises Act 1963 (c. 41) U.K.

17 U.K. In section 90 of the Offices, Shops and Railway Premises Act 1963 (interpretation), in subsection (4)(d), for the words from “Serious” to the end substitute “ National Crime Agency to serve as a National Crime Agency officer ”.

Commencement Information

I141 Sch. 8 para. 17 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Parliamentary Commissioner Act 1967 (c. 13) U.K.

18 (1) Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) is amended in accordance with this paragraph. U.K.

(2) In the list of departments etc subject to investigation—

(a) insert at the appropriate place— “ National Crime Agency. ”;

(b) omit—

(i) the entry relating to the National Policing Improvement Agency;

(ii) the entry relating to the Serious Organised Crime Agency.

(3) In the notes after that list, in the note relating to the Serious Organised Crime Agency—

(a) for the title substitute “ National Crime Agency ”;

(b) in the note, for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

Commencement Information

I142 Sch. 8 para. 18 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Firearms Act 1968 (c. 27) U.K.

19 U.K. In the Firearms Act 1968, in section 54 (application of Parts 1 and 2 to Crown Servants), in subsection (3), omit paragraph (c) (and the word “or” at the end of paragraph (b)).

Commencement Information

I143 Sch. 8 para. 19 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Superannuation Act 1972 (c. 11) U.K.

20 U.K. In the Superannuation Act 1972, in Schedule 1 (kinds of employment etc referred to in section 1)—

(a) omit the entry for employment by the Serious Organised Crime Agency;

(b) omit the entry for employment as a member of the staff of the National Policing Improvement Agency.

Commencement Information

I144 Sch. 8 para. 20 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Health and Safety at Work etc. Act 1974 (c. 37) U.K.

21 (1) Section 51A of the Health and Safety at Work etc. Act 1974 (application of Part 1 to police) is amended in accordance with this paragraph. U.K.

(2) In subsection (2)(b), for “Serious Organised Crime Agency to serve as a member of its staff” substitute “ National Crime Agency to serve as a National Crime Agency officer ”.

(3) In subsection (2E), for paragraph (f) substitute—

“(f) paragraph 2 of Schedule 4 to the Crime and Courts Act 2013;”.

Commencement Information

I145 Sch. 8 para. 21 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

House of Commons Disqualification Act 1975 (c. 24) U.K.

22 U.K. In the House of Commons Disqualification Act 1975, in Schedule 1 (offices disqualifying for membership)—

(a) in Part 2 (bodies of which all members are disqualified), omit—

(i) the entry for the National Policing Improvement Agency;

(ii) the entry for the Serious Organised Crime Agency;

(b) in Part 3 (other disqualifying offices), omit the entry for members of the staff of the Serious Organised Crime Agency.

Commencement Information

I146 Sch. 8 para. 22 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Northern Ireland Assembly Disqualification Act 1975 (c. 25) U.K.

23 U.K. In the Northern Ireland Assembly Disqualification Act 1975, in Schedule 1 (offices disqualifying for membership)—

(a) in Part 2 (bodies of which all members are disqualified), omit—

(i) the entry for the National Policing Improvement Agency;

(ii) the entry for the Serious Organised Crime Agency;

(b) in Part 3 (other disqualifying offices), omit the entry for members of the staff of the Serious Organised Crime Agency.

Commencement Information

I147 Sch. 8 para. 23 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Police Pensions Act 1976 (c. 35) U.K.

24 U.K. The Police Pensions Act 1976 is amended as follows.

Commencement Information

I148 Sch. 8 para. 24 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

25 U.K. In section 7 (payment of pensions and contributions), in subsection (2)—

(a) omit—

(i) paragraphs (ca) to (cd);

(ii) paragraph (cf);

(b) after paragraph (d) insert—

“(da) a National Crime Agency officer whose service as such is eligible service;”

Commencement Information

I149 Sch. 8 para. 25 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

26 (1) Section 11 (interpretation) is amended in accordance with this paragraph. U.K.

(2) In subsection (1)—

(a) omit—

(i) paragraphs (ba) to (bd);

(ii) paragraph (bf);

(b) in paragraph (bfa) (inserted by Schedule 1 to the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013), in sub-paragraph (vi), for “member of staff of SOCA” substitute “ National Crime Agency officer ”;

(c) after paragraph (c) insert—

“(ca) eligible service as a National Crime Agency officer.”

(3) In subsection (2A)—

(a) for paragraph (c) substitute—

“(c) in relation to any such service as is mentioned in subsection (1)(bfa)(vi) or subsection (1)(ca) above, or any service of the kind described in section 97(1)(cj) of the Police Act 1996, “police pension authority” means the Director General of the National Crime Agency and “pension supervising authority” means the Secretary of State;”;

(b) omit paragraph (f).

(4) In subsection (5), omit the definition of “SOCA”.

(5) After subsection (8) insert—

“(9) A person's service as a National Crime Agency officer is “eligible service” for the purposes of this Act in any of the following cases.

(10) The first case is where—

(a) the person's service as a National Crime Agency officer is—

(i) service as the Director General, or

(ii) service that is designated for this purpose by the Director General, and

(b) the person is (immediately before beginning that service) a member, or eligible to be a member, of a police pension scheme.

(11) The second case is where—

(a) immediately before beginning the service as a National Crime Agency officer, the person—

(i) is serving as a member of the staff of the Serious Organised Crime Agency, and

(ii) by virtue of that service is, or is eligible to be, a member of a police pension scheme, and

(b) the person becomes a National Crime Agency officer by virtue of a scheme under paragraph 2 of Schedule 8 to the Crime and Courts Act 2013.

(12) The third case is where—

(a) immediately before beginning the service as a National Crime Agency officer, the person—

(i) is serving as a member of a police force, and

(ii) by virtue of that service is, or is eligible to be, a member of a police pension scheme, and

(b) the person becomes a National Crime Agency officer by virtue of a scheme under paragraph 2 of Schedule 8 to the Crime and Courts Act 2013.

(13) In subsections (10) to (12) “police pension scheme” means a pension scheme provided for under—

(a) section 1 above, or

(b) section 25(2)(k) or 26(2)(g) of the Police (Northern Ireland) Act 1998.”

Commencement Information

I150 Sch. 8 para. 26 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55) U.K.

27 U.K. In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in Schedule 1 (ineligibility for and disqualification and excusal from jury service), in Group B in Part 1 (others concerned with the administration of justice), for paragraph (nc) substitute—

“(nc) National Crime Agency officers;”.

Commencement Information

I151 Sch. 8 para. 27 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Limitation Act 1980 (c. 58) U.K.

28 (1) In section 27A of the Limitation Act 1980 (actions for recovery of property obtained through unlawful conduct etc), in subsection (8), for paragraph (a) substitute— U.K.

“(a) the National Crime Agency,”.

(2) In section 27B of that Act (actions for recovery of property for purposes of an external order), in subsection (8), for paragraph (a) substitute—

“(a) the National Crime Agency,”.

Commencement Information

I152 Sch. 8 para. 28 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Road Traffic Regulation Act 1984 (c. 27) U.K.

29 (1) Section 87 of the Road Traffic Regulation Act 1984 (exemptions from speed limits) is amended in accordance with this paragraph. U.K.

(2) In that section (before its amendment by the Road Safety Act 2006), in subsection (2)(a) and (b), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(3) In that section (after its amendment by the Road Safety Act 2006), in subsection (1)(a), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

Commencement Information

I153 Sch. 8 para. 29 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Prosecution of Offences Act 1985 (c. 23) U.K.

30 U.K. In section 3 of the Prosecution of Offences Act 1985 (functions of the Director of Public Prosecutions), in subsection (2)—

(a) before paragraph (b) insert—

“(ac) to take over the conduct of any criminal proceedings instituted on behalf of the National Crime Agency;”;

(b) before paragraph (c) insert—

“(bc) where it appears to him appropriate to do so, to institute and have the conduct of any criminal proceedings relating to a criminal investigation by the National Crime Agency;”;

(c) after paragraph (ec) insert—

“(ed) to give advice, to such extent as he considers appropriate and to such person as he considers appropriate, in relation to—

(i) criminal investigations by the National Crime Agency, or

(ii) criminal proceedings arising out of such investigations;”.

Commencement Information

I154 Sch. 8 para. 30 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Ministry of Defence Police Act 1987 (c. 4) U.K.

31 (1) Section 2C of the Ministry of Defence Police Act 1987 (constables serving with SOCA) is amended in accordance with this paragraph. U.K.

(2) In the title, for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(3) In subsection (1)—

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

(b) in paragraph (a), for “Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

(4) In subsection (2)(a), for “Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

Commencement Information

I155 Sch. 8 para. 31 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Road Traffic Act 1988 (c. 52) U.K.

32 (1) In section 124 of the Road Traffic Act 1988, subsection (1A) is amended in accordance with this paragraph. U.K.

(2) In the first sentence—

(a) for “SOCA instructor” substitute “ NCA instructor ”;

(b) for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(3) In the second sentence—

(a) for “SOCA” substitute “ NCA ”;

(b) for “a member of staff of the Serious Organised Crime Agency” substitute “ an NCA officer ”;

(c) for “members of the Agency's staff” substitute “ NCA officers ”.

Commencement Information

I156 Sch. 8 para. 32 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Security Service Act 1989 (c. 5) U.K.

33 U.K. The Security Service Act 1989 is amended as follows.

Commencement Information

I157 Sch. 8 para. 33 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

34 U.K. In section 1 (the Security Service), in subsection (4), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

Commencement Information

I158 Sch. 8 para. 34 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

35 U.K. In section 2 (the Director General), in subsection (2)(c)—

(a) for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”;

(b) for “Serious Organised Crime Agency” (in the second place) substitute “ National Crime Agency ”.

Commencement Information

I159 Sch. 8 para. 35 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Official Secrets Act 1989 (c. 6) U.K.

36 U.K. In the Official Secrets Act 1989, in section 12 (meanings of “crown servant” and “government contractor”), in subsection (1)(e), for “of the Serious Organised Crime Agency” substitute “ an NCA special (within the meaning of Part 1 of the Crime and Courts Act 2013) ”.

Commencement Information

I160 Sch. 8 para. 36 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) U.K.

37 U.K. In Article 72A of the Limitation (Northern Ireland) Order 1989 (actions for recovery of property obtained through unlawful conduct etc), in paragraph (8), for sub-paragraph (a) substitute—

“(a) the National Crime Agency,”.

Commencement Information

I161 Sch. 8 para. 37 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Police Act 1996 (c. 16) U.K.

38 U.K. The Police Act 1996 is amended as follows.

Commencement Information

I162 Sch. 8 para. 38 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

39 U.K. In section 57 (common services), in subsections (3A) and (4)(c), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

Commencement Information

I163 Sch. 8 para. 39 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

40 U.K. In section 59 (police federations), omit subsection (7A).

Commencement Information

I164 Sch. 8 para. 40 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

41 U.K. In section 61 (the Police Negotiating Board for Great Britain), in subsection (1), omit paragraph (bb).

Commencement Information

I165 Sch. 8 para. 41 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

42 (1) Section 62 (functions of the Police Negotiating Board with respect to regulations) is amended in accordance with this paragraph. U.K.

(2) In subsection (1), omit paragraph (d) (and the word “or” at the end of paragraph (c)).

(3) Omit subsections (1D) and (1E).

(4) In subsection (2), for “(1A), (1D) or (1E)” substitute “ or (1A) ”.

Commencement Information

I166 Sch. 8 para. 42 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

43 U.K. In section 63 (Police Advisory Boards for England and Wales and for Scotland), omit subsections (1C) and (3)(c).

Commencement Information

I167 Sch. 8 para. 43 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

44 U.K. In section 64 (membership of trade unions), omit subsections (4C) and (4D).

Commencement Information

I168 Sch. 8 para. 44 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

45 U.K. In section 88 (liability for wrongful acts of constables), in subsection (5A), for the words from “section 23” to “Agency” substitute “ Part 3 of Schedule 3 to the Crime and Courts Act 2013, a National Crime Agency officer ”.

Commencement Information

I169 Sch. 8 para. 45 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

46 U.K. In section 90 (impersonation etc), omit subsection (4)(ab).

Commencement Information

I170 Sch. 8 para. 46 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

47 U.K. In section 91 (causing disaffection), omit subsection (2)(aa).

Commencement Information

I171 Sch. 8 para. 47 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

48 (1) Section 97 (police officers engaged on service outside their force) is amended in accordance with this paragraph. U.K.

(2) In subsection (1)—

(a) omit—

(i) paragraph (cf);

(ii) paragraph (cg);

(b) after paragraph (ci) insert—

“(cj) temporary service as a National Crime Agency officer on which a person is engaged with the consent of the appropriate authority;”.

(3) In subsection (6)(a)—

(a) omit “(cf), (cg)”;

(b) after “(ci)” insert “ , (cj) ”.

(4) In subsection (8), omit “(cf), (cg)”.

(5) After subsection (8) insert—

“(8A) A person who is member of a police force engaged on relevant service within paragraph (cj) of subsection (1) shall be treated for the purposes of sections 59, 60 and 64 as if the person were a member of that police force.”

Commencement Information

I172 Sch. 8 para. 48 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Employment Rights Act 1996 (c. 18) U.K.

49 U.K. The Employment Rights Act 1996 is amended as follows.

Commencement Information

I173 Sch. 8 para. 49 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

50 U.K. In section 43KA (application of this Part and related provisions to police), in subsection (2)(b), for “Serious Organised Crime Agency to serve as a member of its staff” substitute “ National Crime Agency to serve as a National Crime Agency officer ”.

Commencement Information

I174 Sch. 8 para. 50 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

51 U.K. In section 134A (application to police), in subsection (3), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

Commencement Information

I175 Sch. 8 para. 51 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)) U.K.

52 U.K. The Proceeds of Crime (Northern Ireland) Order 1996 is amended as follows.

Commencement Information

I176 Sch. 8 para. 52 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

53 (1) Article 49 (additional investigation powers) is amended in accordance with this paragraph. U.K.

(2) In paragraph (1A), for “a senior member of staff of the Serious Organised Crime Agency” substitute “ a senior National Crime Agency officer ”.

(3) In paragraph (1B), for “a member of staff of the Serious Organised Crime Agency” substitute “ a National Crime Agency officer ”.

(4) In paragraph (5), in the definition of “senior member of staff of the Serious Organised Crime Agency”—

(a) for “a senior member of staff of the Serious Organised Crime Agency” substitute “ a senior National Crime Agency officer ”;

(b) in paragraph (a), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”;

(c) in paragraph (b), for “any member of staff of the Agency” substitute “ any National Crime Agency officer ”.

Commencement Information

I177 Sch. 8 para. 53 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

54 U.K. In Schedule 2 (financial investigations), in paragraph 3A(4)(a), for “member of staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

Commencement Information

I178 Sch. 8 para. 54 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Police Act 1997 (c. 50) U.K.

55 U.K. The Police Act 1997 is amended as follows.

Commencement Information

I179 Sch. 8 para. 55 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

56 (1) Section 93 (authorisations to interfere with property etc) is amended in accordance with this paragraph. U.K.

(2) In subsections (1B) and (3)(b), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

(3) In subsection (5), for paragraph (f) substitute—

“(f) the Director General of the National Crime Agency, or any other National Crime Agency officer who is designated for the purposes of this paragraph by that Director General;”.

Commencement Information

I180 Sch. 8 para. 56 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

57 U.K. In section 94 (authorisations given in absence of authorising officer), in subsection (2)(e), for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

Commencement Information

I181 Sch. 8 para. 57 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

58 U.K. In section 97 (authorisations requiring approval), in subsection (6B)(b), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

Commencement Information

I182 Sch. 8 para. 58 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

F28 59 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28 Sch. 8 para. 59 repealed (30.8.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 Pt. 8 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 2(1)(h)(ii) (with reg. 2(2))

60 U.K. In section 113B (enhanced criminal record certificates)—

(a) in subsection (10), omit paragraphs (f) and (g);

(b) in subsection (11)(b), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

Commencement Information

I183 Sch. 8 para. 60 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Police (Northern Ireland) Act 1998 (c. 32) U.K.

61 U.K. The Police (Northern Ireland) Act 1998 is amended as follows.

Commencement Information

I184 Sch. 8 para. 61 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

62 U.K. In section 27 (members of the Police Service of Northern Ireland engaged on other police service), in subsection (1)—

(a) in paragraph (cb), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”;

(b) omit paragraph (cc).

Commencement Information

I185 Sch. 8 para. 62 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Northern Ireland Act 1998 (c. 47) U.K.

63 U.K. In the Northern Ireland Act 1998, in Schedule 3 (reserved matters), in paragraph 9(1), for sub-paragraph (g) substitute—

“(g) the National Crime Agency;”.

Commencement Information

I186 Sch. 8 para. 63 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Immigration and Asylum Act 1999 (c. 33) U.K.

64 U.K. The Immigration and Asylum Act 1999 is amended as follows.

Commencement Information

I187 Sch. 8 para. 64 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

65 U.K. In section 20 (supply of information to Secretary of State), in subsection (1)(b), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

Commencement Information

I188 Sch. 8 para. 65 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

66 (1) Section 21 (supply of information by Secretary of State) is amended in accordance with this paragraph. U.K.

(2) In subsection (2), for paragraph (b) substitute—

“(b) the National Crime Agency, for use in connection with the discharge of any function of that Agency;”.

(3) Omit subsection (4).

Commencement Information

I189 Sch. 8 para. 66 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Terrorism Act 2000 (c. 11) U.K.

67 U.K. The Terrorism Act 2000 is amended as follows.

Commencement Information

I190 Sch. 8 para. 67 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

68 U.K. In section 19 (disclosure of information: duty), in subsection (7B), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

Commencement Information

I191 Sch. 8 para. 68 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

69 U.K. In section 20 (disclosure of information: permission), in subsection (5), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

Commencement Information

I192 Sch. 8 para. 69 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

70 U.K. In section 21ZA (arrangements with prior consent), in subsection (5), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

Commencement Information

I193 Sch. 8 para. 70 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

71 U.K. In section 21ZB (disclosure after entering into arrangements), in subsection (4), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

Commencement Information

I194 Sch. 8 para. 71 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

72 U.K. In section 21A (failure to disclosure: regulated sector), in subsection (14), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

Commencement Information

I195 Sch. 8 para. 72 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

73 U.K. In section 21B (protected disclosures), in subsection (7), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

Commencement Information

I196 Sch. 8 para. 73 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

74 (1) Section 21C (disclosures to SOCA) is amended in accordance with this paragraph. U.K.

(2) In the title for “SOCA” substitute “ the National Crime Agency ”.

(3) In subsections (1) and (2), for “member of staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

Commencement Information

I197 Sch. 8 para. 74 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

75 U.K. In section 21D (tipping off: regulated sector), in subsection (2)(d), for “member of staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

Commencement Information

I198 Sch. 8 para. 75 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

76 U.K. In Schedule 14 (exercise of officers' powers), in paragraph 4 (information), for sub-paragraph (1)(d) substitute—

“(d) to the National Crime Agency;”.

Commencement Information

I199 Sch. 8 para. 76 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Regulation of Investigatory Powers Act 2000 (c. 23) U.K.

77 U.K. The Regulation of Investigatory Powers Act 2000 is amended as follows.

Commencement Information

I200 Sch. 8 para. 77 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

F29 78 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 Sch. 8 para. 78 repealed (30.8.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 Pt. 8 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 2(1)(h)(ii) (with reg. 2(2))

79 U.K. In section 17 (exclusion of matters from legal proceedings), in subsection (3), omit paragraph (c).

Commencement Information

I201 Sch. 8 para. 79 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

80 U.K. In section 19 (offence for unauthorised disclosures), in subsection (2), omit paragraph (c).

Commencement Information

I202 Sch. 8 para. 80 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

F30 81 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30 Sch. 8 para. 81 repealed (22.7.2020) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 Pt. 8 (with Sch. 9 paras. 7, 8, 10); S.I. 2020/766, reg. 2(e)(iv)

82 U.K. In section 32 (authorisation of intrusive surveillance), in subsection (6), for paragraph (k) substitute—

“(k) the Director General of the National Crime Agency and any National Crime Agency officer who is designated for the purposes of this paragraph by that Director General;”.

Commencement Information

I203 Sch. 8 para. 82 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

83 (1) Section 33 (rules of grant of authorisations) is amended in accordance with this paragraph. U.K.

(2) In subsection (1A), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(3) In subsection (3A)—

(a) for “The Director General of the Serious Organised Crime Agency” substitute “ The Director General of the National Crime Agency ”;

(b) for “member of staff of the Agency” substitute “ National Crime Agency officer ”.

(4) In subsection (5)(a), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

Commencement Information

I204 Sch. 8 para. 83 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

84 (1) Section 34 (grant of authorisation in the senior officer's absence) is amended in accordance with this paragraph. U.K.

(2) In subsection (1)(a), for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

(3) In subsection (4)(j), for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

Commencement Information

I205 Sch. 8 para. 84 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

85 (1) Section 35 (notifications of authorisations for intrusive surveillance) is amended in accordance with this paragraph. U.K.

(2) In subsection (1), for “SOCA” substitute “ the National Crime Agency ”.

(3) In subsection (10)—

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

(b) in paragraph (a), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

Commencement Information

I206 Sch. 8 para. 85 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

86 (1) Section 36 (approval required for authorisations to take effect) is amended in accordance with this paragraph. U.K.

(2) In subsection (1), for paragraph (b) substitute—

“(b) a National Crime Agency officer;”.

(3) In subsection (6)(b) and (d), for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

Commencement Information

I207 Sch. 8 para. 86 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

87 U.K. In section 37 (quashing of police and Revenue and Customs authorisations etc), in subsection (1), for paragraph (b) substitute—

“(b) a National Crime Agency officer;”.

Commencement Information

I208 Sch. 8 para. 87 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

88 U.K. In section 40 (information to be provided to Surveillance Commissioners), for paragraph (b) substitute—

“(b) every National Crime Agency officer,”.

Commencement Information

I209 Sch. 8 para. 88 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

89 U.K. In section 46 (restrictions on authorisations extending to Scotland), in subsection (3), for paragraph (db) substitute—

“(db) the National Crime Agency;”.

Commencement Information

I210 Sch. 8 para. 89 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

90 U.K. In section 49 (notices requiring disclosure), in subsection (1)(e), for “SOCA” (in each place) substitute “ the National Crime Agency ”.

Commencement Information

I211 Sch. 8 para. 90 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

91 (1) Section 51 (cases in which key required) is amended in accordance with this paragraph. U.K.

(2) In subsection (2)—

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

(b) in paragraph (aa)—

(i) for “SOCA” substitute “ the National Crime Agency ”;

(ii) for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

(3) In subsections (3) and (6), for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

Commencement Information

I212 Sch. 8 para. 91 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

92 U.K. In section 54 (tipping-off), in subsection (3)(a) and (b), for “SOCA” substitute “ the National Crime Agency ”.

Commencement Information

I213 Sch. 8 para. 92 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

93 (1) Section 55 (general duties of specified authorities) is amended in accordance with this paragraph. U.K.

(2) In subsection (1), for paragraph (ba) substitute—

“(ba) the Director General of the National Crime Agency;”.

(3) For subsection (3A) substitute—

“(3A) The power of the Director General of the National Crime Agency to delegate functions under paragraph 10 of Schedule 1 to the Crime and Courts Act 2013 does not apply in relation to the Director General's duties under this section.”.

Commencement Information

I214 Sch. 8 para. 93 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

94 U.K. In section 56 (interpretation of Part 3), in subsection (1)—

(a) in paragraph (a) of the definition of “the police”, for “member of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”;

(b) omit the definition of SOCA.

Commencement Information

I215 Sch. 8 para. 94 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

95 U.K. In section 58 (co-operation with and reports by section 57 Commissioner), in subsection (1), omit paragraph (b).

Commencement Information

I216 Sch. 8 para. 95 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

96 U.K. In section 65 (the Tribunal), in subsection (6), for paragraph (d) substitute—

“(d) the National Crime Agency;”.

Commencement Information

I217 Sch. 8 para. 96 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

97 U.K. In section 68 (Tribunal procedure), in subsection (7), omit paragraph (b).

Commencement Information

I218 Sch. 8 para. 97 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

98 (1) Section 76A (foreign surveillance operations) is amended in accordance with this paragraph. U.K.

(2) In subsection (6)(a), for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

(3) In subsection (11), in the definition of “United Kingdom officer”, for paragraph (b) substitute—

“(b) a National Crime Agency officer;”.

Commencement Information

I219 Sch. 8 para. 98 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

F31 99 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31 Sch. 8 para. 99 omitted (10.8.2021 for specified purposes, 15.9.2021 for specified purposes, 30.9.2021 in so far as not already in force) by virtue of Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4), s. 9(2), Sch. para. 15; S.I. 2021/605, reg. 2(a)(b)(c)

100 (1) Schedule 2 (persons having the appropriate permission) is amended in accordance with this paragraph. U.K.

(2) In paragraph 2 (data obtained under warrant etc), in sub-paragraphs (3) and (5), for “SOCA” substitute “ the National Crime Agency, ”.

(3) In paragraph 4 (data obtained under statute by other persons but without a warrant), in sub-paragraph (2), for “SOCA” (in each place) substitute “ the National Crime Agency ”.

(4) In paragraph 5 (data obtained without the exercise of statutory powers), in sub-paragraph (3)(b), for “SOCA” substitute “ the National Crime Agency ”.

(5) In paragraph 6 (general requirements relating to the appropriate permission), in sub-paragraphs (3A) and (6), for “member of staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

Commencement Information

I220 Sch. 8 para. 100 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Freedom of Information Act 2000 (c. 36) U.K.

101 U.K. The Freedom of Information Act 2000 is amended as follows.

Commencement Information

I221 Sch. 8 para. 101 in force at 27.5.2013 by S.I. 2013/1042, art. 3(l)

102 U.K. In section 23 (information supplied by, or relating to, bodies dealing with security matters), in subsection (3), after paragraph (m) insert—

“(n) the National Crime Agency.”.

Commencement Information

I222 Sch. 8 para. 102 in force at 27.5.2013 by S.I. 2013/1042, art. 3(l)

103 U.K. In section 84 (interpretation), in the definition of “government department”—

(a) omit “or” at the end of paragraph (b);

(b) after paragraph (b) insert—

“(ba) the National Crime Agency, or”.

Commencement Information

I223 Sch. 8 para. 103 in force at 27.5.2013 by S.I. 2013/1042, art. 3(l)

104 U.K. In Schedule 1 (public authorities), in Part 6 (other public bodies and offices: general), omit the entry relating to the National Policing Improvement Agency.

Commencement Information

I224 Sch. 8 para. 104 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Criminal Justice and Court Services Act 2000 (c. 43) U.K.

105 (1) Section 71 of the Criminal Justice and Court Services Act 2000 (access to driver licensing records) is amended in accordance with this paragraph. U.K.

(2) In subsection (1)—

(a) omit “to the National Policing Improvement Agency”;

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

(3) In subsection (2)—

(a) omit “to the National Policing Improvement Agency”;

(b) in paragraph (a)—

(i) after “which” insert “ information may be made available to ”;

(ii) for “members of the staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officers ”;

(iii) omit “may be given access to the information”;

(c) in paragraph (b), for “to which they have been given access” substitute “ made available to them ”.

Commencement Information

I225 Sch. 8 para. 105 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Vehicles (Crime) Act 2001 (c. 3) U.K.

106 U.K. In section 18 of the Vehicles (Crime) Act 2001 (register of registration plate suppliers), in subsection (7) omit “to the National Policing Improvement Agency”.

Commencement Information

I226 Sch. 8 para. 106 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Criminal Justice and Police Act 2001 (c. 16) U.K.

107 U.K. In section 97 of the Criminal Justice and Police Act 2001 (regulations for police forces), in subsection (4), omit paragraph (a).

Commencement Information

I227 Sch. 8 para. 107 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Proceeds of Crime Act 2002 (c. 29) U.K.

108 U.K. The Proceeds of Crime Act 2002 is amended as follows.

Commencement Information

I228 Sch. 8 para. 108 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

109 U.K. In section 2A (contribution to the reduction of crime), in subsections (2)(a) and (3)(a), for “SOCA” substitute “ the National Crime Agency ”.

Commencement Information

I229 Sch. 8 para. 109 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

110 (1) Section 2B (SOCA and members of SOCA's staff) is amended in accordance with this paragraph. U.K.

(2) For the title substitute “ The National Crime Agency and its officers ”.

(3) Omit subsection (1).

(4) In subsection (2)—

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

(b) for “SOCA” (in each other place) substitute “ that Agency ”.

(5) Omit subsection (3).

Commencement Information

I230 Sch. 8 para. 110 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

111 (1) Section 3 (accreditation and training of financial investigators) is amended in accordance with this paragraph. U.K.

(2) In subsection (1), for “National Policing Improvement Agency” substitute “ National Crime Agency ”.

(3) In subsection (2), at the end of paragraph (b) insert “, and

(c) securing that decisions under that system which concern—

(i) the grant or withdrawal of accreditations, or

(ii) the monitoring of the performance of accredited financial investigators,

are taken without regard to their effect on operations by the National Crime Agency or any other person.”.

(4) In subsection (7), for “National Policing Improvement Agency” substitute “ National Crime Agency ”.

Commencement Information

I231 Sch. 8 para. 111 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

112 U.K. In section 41A (restraint orders: power to retain seized property etc), in subsection (3), for paragraph (d) substitute—

“(d) a National Crime Agency officer,”.

Commencement Information

I232 Sch. 8 para. 112 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

113 U.K. In section 55 (sums received by designated officer), in subsection (8), for paragraph (h) substitute—

“(h) a National Crime Agency officer,”.

Commencement Information

I233 Sch. 8 para. 113 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

114 U.K. In section 72 (serious default in England and Wales), in subsection (9)(ba)—

(a) for “member of staff of SOCA” substitute “ National Crime Agency officer ”;

(b) for “SOCA” (in the second place) substitute “ the National Crime Agency ”.

Commencement Information

I234 Sch. 8 para. 114 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

115 U.K. In section 120A (restraint orders: power to retain seized property etc), in subsection (3), for paragraph (c)—

“(c) a National Crime Agency officer;”.

Commencement Information

I235 Sch. 8 para. 115 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

116 U.K. In section 139 (serious default in Scotland), in subsection (9)(ca)—

(a) for “member of staff of SOCA” substitute “ National Crime Agency officer ”;

(b) for “SOCA” (in the second place) substitute “ the National Crime Agency ”.

Commencement Information

I236 Sch. 8 para. 116 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

117 U.K. In section 190A (restraint orders: power to retain seized property etc — Northern Ireland), in subsection (3), for paragraph (d)—

“(d) a National Crime Agency officer;”.

Commencement Information

I237 Sch. 8 para. 117 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

118 U.K. In section 195S (Codes of practice: Secretary of State), in subsection (1)(c), for “members of staff of SOCA” substitute “ NCA officers ”.

Commencement Information

I238 Sch. 8 para. 118 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

119 U.K. In section 203 (sums received by chief clerk), in subsection (8), for paragraph (h)—

“(h) a National Crime Agency officer.”.

Commencement Information

I239 Sch. 8 para. 119 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

120 U.K. In section 220 (serious default in Northern Ireland), in subsection (9)(ba)—

(a) for “member of staff of SOCA” substitute “ National Crime Agency officer ”;

(b) for “SOCA” (in the second place) substitute “ the National Crime Agency ”.

Commencement Information

I240 Sch. 8 para. 120 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

121 U.K. In section 316 (general interpretation), in subsection (1), in paragraphs (a) and (c) of the definition of “enforcement authority”, for “SOCA” substitute “ the National Crime Agency ”.

Commencement Information

I241 Sch. 8 para. 121 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

122 (1) Section 317 (SOCA's general Revenue functions) is amended in accordance with this paragraph. U.K.

(2) In the title, for “SOCA's” substitute “ The National Crime Agency's ”.

(3) For “SOCA” (in each place) substitute “ the National Crime Agency ”.

Commencement Information

I242 Sch. 8 para. 122 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

123 U.K. In section 318 (revenue functions regarding employment), for “SOCA” (in each place) substitute “ the National Crime Agency ”.

Commencement Information

I243 Sch. 8 para. 123 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

124 U.K. In section 319 (source of income), for “SOCA” (in each place) substitute “ the National Crime Agency ”.

Commencement Information

I244 Sch. 8 para. 124 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

125 (1) Section 321 (SOCA's functions: transfers of value) is amended in accordance with this paragraph. U.K.

(2) In the title, for “SOCA's” substitute “ The National Crime Agency's ”.

(3) For “SOCA” (in each place) substitute “ the National Crime Agency ”.

Commencement Information

I245 Sch. 8 para. 125 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

126 (1) Section 322 (SOCA's functions: certain settlements) is amended in accordance with this paragraph. U.K.

(2) In the title, for “SOCA's” substitute “ The National Crime Agency's ”.

(3) For “SOCA” (in each place) substitute “ the National Crime Agency ”.

Commencement Information

I246 Sch. 8 para. 126 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

127 U.K. In section 324 (exercise of Revenue functions), for “SOCA” (in each place) substitute “ the National Crime Agency ”.

Commencement Information

I247 Sch. 8 para. 127 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

128 (1) In section 325 (declarations), in subsection (2)— U.K.

(a) for “member of SOCA's staff” substitute “ National Crime Agency officer ”;

(b) for “any of SOCA's functions” substitute “ any function of the National Crime Agency ”;

(c) for “Director General of SOCA” substitute “ Director General of the National Crime Agency ”.

Commencement Information

I248 Sch. 8 para. 128 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

129 U.K. In section 330 (failure to disclose; regulated sector), in subsection (4)(b), for “the Director General of SOCA” substitute “ the Director General of the National Crime Agency ”.

Commencement Information

I249 Sch. 8 para. 129 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

130 U.K. In section 331 (failure to disclose: nominated officers in the regulated sector), in subsection (4), for “the Director General of SOCA” substitute “ the Director General of the National Crime Agency ”.

Commencement Information

I250 Sch. 8 para. 130 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

131 U.K. In section 332 (failure to disclose: other nominated officers), in subsection (4), for “the Director General of SOCA” substitute “ the Director General of the National Crime Agency ”.

Commencement Information

I251 Sch. 8 para. 131 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

132 U.K. In section 333A (tipping off: regulated sector), in subsection (2)(d), for “member of staff of the Serious Organised Crime Agency” substitute “ National Crime Agency officer ”.

Commencement Information

I252 Sch. 8 para. 132 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

133 U.K. In section 336 (nominated officer: consent), in subsections (2)(a), (3)(a) and (4)(a), for “Director General of SOCA” substitute “ Director General of the National Crime Agency ”.

Commencement Information

I253 Sch. 8 para. 133 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

134 U.K. In section 339ZA (disclosures to SOCA)—

(a) in the title, for “SOCA” substitute “ the NCA ”;

(b) for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

Commencement Information

I254 Sch. 8 para. 134 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

135 U.K. In section 340 (interpretation), in subsection (13), for “Director General of SOCA” substitute “ Director General of the National Crime Agency ”.

Commencement Information

I255 Sch. 8 para. 135 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

136 U.K. In section 351 (applications for orders: supplementary), in subsection (5), for “member of SOCA's staff” (in each place) substitute “ National Crime Agency officer ”.

Commencement Information

I256 Sch. 8 para. 136 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

137 U.K. In section 352 (search and seizure warrants), in subsection (5)—

(a) in paragraph (b), for “member of SOCA's staff or” substitute “ National Crime Agency officer or a member ”;

(b) in paragraph (d), for “member of SOCA's staff” substitute “ National Crime Agency officer ”.

Commencement Information

I257 Sch. 8 para. 137 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

138 U.K. In section 353 (requirements where production order not available), in subsection (10)—

(a) in paragraph (b), for “member of SOCA's staff or” substitute “ National Crime Agency officer or a member ”;

(b) in paragraph (d), for “member of SOCA's staff” substitute “ National Crime Agency officer ”.

Commencement Information

I258 Sch. 8 para. 138 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

139 U.K. In section 357 (disclosure orders), for “member of SOCA's staff” (in each place) substitute “ National Crime Agency officer ”.

Commencement Information

I259 Sch. 8 para. 139 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

140 U.K. In section 362 (supplementary), in subsection (4A), for “member of SOCA's staff” (in each place) substitute “ National Crime Agency officer ”.

Commencement Information

I260 Sch. 8 para. 140 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

141 U.K. In section 369 (supplementary), for “member of SOCA's staff” (in each place) substitute “ National Crime Agency officer ”.

Commencement Information

I261 Sch. 8 para. 141 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

142 U.K. In section 375 (supplementary), in subsection (4), for “member of SOCA's staff” (in each place) substitute “ National Crime Agency officer ”.

Commencement Information

I262 Sch. 8 para. 142 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

143 U.K. In section 377 (code of practice of Secretary of State etc), in subsection (1), for paragraphs (a) and (b) substitute—

“(a) the Director General of the National Crime Agency;

(b) other National Crime Agency officers;”.

Commencement Information

I263 Sch. 8 para. 143 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

144 (1) Section 378 (officers) is amended in accordance with this paragraph. U.K.

(2) In subsection (1), for paragraph (a) substitute—

“(a) a National Crime Agency officer;”.

(3) In subsection (2), for paragraph (a) substitute—

“(a) a senior National Crime Agency officer;”.

(4) In subsection (3)—

(a) in paragraph (a), for “member of SOCA's staff” substitute “ National Crime Agency officer ”;

(b) in paragraph (b), for “senior member of SOCA's staff” substitute “ senior National Crime Agency officer ”.

(5) In subsection (5), for “Director General of SOCA” substitute “ Director General of the National Crime Agency ”.

(6) In subsection (6A), for “a member of SOCA's staff” substitute “ a National Crime Agency officer ”.

(7) In subsection (8)—

(a) for “senior member of SOCA's staff” substitute “ senior National Crime Agency officer ”;

(b) in paragraph (a), for “Director General of SOCA” substitute “ Director General of the National Crime Agency ”;

(c) in paragraph (b), for “member of SOCA's staff” substitute “ other National Crime Agency officer ”.

Commencement Information

I264 Sch. 8 para. 144 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

145 U.K. In section 416 (other interpretative provisions), in subsection (2), for “member of SOCA's staff” substitute “ National Crime Agency officer ”.

Commencement Information

I265 Sch. 8 para. 145 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

146 U.K. In section 438 (disclosure of information by certain directors), in subsection (1)(fa), for “SOCA” substitute “ the National Crime Agency ”.

Commencement Information

I266 Sch. 8 para. 146 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

147 U.K. In section 439 (disclosure of information to Lord Advocate and to Scottish Ministers), in subsection (5)(b), for “SOCA” substitute “ the National Crime Agency ”.

Commencement Information

I267 Sch. 8 para. 147 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

148 U.K. In section 443 (enforcement in different parts of the United Kingdom), in subsection (3), for “SOCA” substitute “ the National Crime Agency or its officers ”.

Commencement Information

I268 Sch. 8 para. 148 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

149 U.K. In section 444 (external requests and orders), in subsection (4), for paragraph (d) substitute—

“(d) the National Crime Agency;”.

Commencement Information

I269 Sch. 8 para. 149 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

150 U.K. In section 445 (external investigations), for “SOCA” substitute “ the National Crime Agency or its officers ”.

Commencement Information

I270 Sch. 8 para. 150 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

151 (1) In section 449 (SOCA's staff: pseudonyms) is amended in accordance with this paragraph. U.K.

(2) In the title, for “SOCA's staff” substitute “ NCA officers ”.

(3) In subsection (1)—

(a) in the words before paragraph (a), for “member of SOCA's staff” substitute “ National Crime Agency officer ”;

(b) in paragraph (a), for “by SOCA to do anything” substitute “ to do anything on behalf of the National Crime Agency ”;

(c) in paragraph (b), for “member of SOCA's staff” substitute “ National Crime Agency officer ”.

(4) In subsection (2), for “member of the SOCA's staff” substitute “ National Crime Agency officer ”.

(5) In subsections (3) (in each place) and (4), for “member of SOCA's staff” substitute “ National Crime Agency officer ”.

(6) In subsection (6)—

(a) for “a member of SOCA's staff” substitute “ an NCA officer ”;

(b) for “SOCA” substitute “ the Director General of the NCA ”.

Commencement Information

I271 Sch. 8 para. 151 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

152 U.K. In Schedule 8 (forms of declarations)—

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

(b) for “SOCA” (in the second place) substitute “ that Agency ”;

(c) for “its” substitute “that Agency's”.

Commencement Information

I272 Sch. 8 para. 152 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Police Reform Act 2002 (c. 30) U.K.

153 (1) In section 9 of the Police Reform Act 2002 (the Independent Police Complaints Commission), in subsection (3)— U.K.

(a) in paragraph (da), omit “is or”;

(b) in paragraph (db), omit “is or”;

(c) after paragraph (db) substitute—

“(dc) the person is, or has been, a National Crime Agency officer;”.

(2) In Schedule 3 to that Act (handling of complaints and conduct matters etc), in paragraph 19F(7), for paragraph (b) substitute—

“(b) the National Crime Agency.”

Commencement Information

I273 Sch. 8 para. 153 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Sexual Offences Act 2003 (c. 42) U.K.

154 U.K. In section 94 of the Sexual Offences Act 2003 (Part 2: supply of information to Secretary of State etc for verification), in subsection (3), for paragraphs (b) and (c) substitute—

“(b) the Director General of the National Crime Agency.”

Commencement Information

I274 Sch. 8 para. 154 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Energy Act 2004 (c. 20) U.K.

155 (1) Section 59A of the Energy Act 2004 (constables serving with SOCA) is amended in accordance with this paragraph. U.K.

(2) In the title, for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

(3) In subsection (1)—

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

(b) in paragraph (a), for “Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

(4) In subsection (2), for “Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”.

Commencement Information

I275 Sch. 8 para. 155 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Commissioners for Revenue and Customs Act 2005 (c. 11) U.K.

156 U.K. In section 20 of the Commissioners for Revenue and Customs Act 2005, in section 20 (public interest disclosure), in subsection (7)(a), for “national Policing Improvement Agency” substitute “ Secretary of State ”.

Commencement Information

I276 Sch. 8 para. 156 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Serious Organised Crime and Police Act 2005 (c. 15) U.K.

157 U.K. The Serious Organised Crime and Police Act 2005 is amended as follows.

Commencement Information

I277 Sch. 8 para. 157 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

158 U.K. Omit Part 1 (the Serious Organised Crime Agency).

Commencement Information

I278 Sch. 8 para. 158 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

159 U.K. In section 62 (disclosure notices), in subsection (2), for paragraph (b) substitute—

“(b) a National Crime Agency officer who is for the time being designated under section 9 or 10 of the Crime and Courts Act 2013, or”.

Commencement Information

I279 Sch. 8 para. 159 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

160 U.K. In section 82 (protection of persons involved in investigations or proceedings), in subsection (5), for paragraph (d) substitute—

“(d) the Director General of the National Crime Agency;”.

Commencement Information

I280 Sch. 8 para. 160 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

161 (1) Section 153 (disclosure of information about insurance status of vehicles) is amended in accordance with this paragraph. U.K.

(2) In subsection (1), for “NPIA for it to process” substitute “ the Secretary of State for processing ”.

(3) In subsection (3)(a) and (b), for “NPIA” substitute “ the Secretary of State ”.

(4) In subsection (4), omit the definition of “NPIA”.

Commencement Information

I281 Sch. 8 para. 161 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

162 (1) Section 172 (orders and regulations) is amended in accordance with this paragraph. U.K.

(2) In subsection (4), omit “1(3),”.

(3) In subsection (5), omit paragraphs (a) and (b).

(4) In subsection (8), omit paragraph (a).

(5) In subsection (13), omit paragraph (a).

Commencement Information

I282 Sch. 8 para. 162 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

163 U.K. In section 175 (penalties for offences: transitional modification for England and Wales), in subsection (3), in the table—

(a) omit the two entries relating to section 51;

(b) omit the two entries relating to section 57.

Commencement Information

I283 Sch. 8 para. 163 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

164 U.K. In section 177 (interpretation), omit subsection (1).

Commencement Information

I284 Sch. 8 para. 164 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

165 U.K. In Schedule 5 (persons specified for the purposes of section 82: protection of persons involved in investigations or proceedings), after paragraph 17 insert—

“17A A person who is or has been a National Crime Agency officer.”.

Commencement Information

I285 Sch. 8 para. 165 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Gambling Act 2005 (c. 19) U.K.

166 U.K. In the Gambling Act 2005, in Part 2 of Schedule 6 (exchange of information: enforcement and regulatory bodies)—

(a) after the entry for the Horserace Betting Levy Board insert— “ The National Crime Agency ”;

(b) omit the entry relating to the Serious Organised Crime Agency.

Commencement Information

I286 Sch. 8 para. 166 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Police and Justice Act 2006 (c. 48) U.K.

167 U.K. The Police and Justice Act 2006 is amended as follows.

Commencement Information

I287 Sch. 8 para. 167 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

168 U.K. Omit section 1 (National Policing Improvement Agency).

Commencement Information

I288 Sch. 8 para. 168 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

169 U.K. In section 13 (supply of information to police etc by Registrar General), in subsection (1)(c), for “Serious Organised Crime Agency” substitute “ National Crime Agency ”.

Commencement Information

I289 Sch. 8 para. 169 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

170 U.K. Omit Schedule 1 (National Policing Improvement Agency).

Commencement Information

I290 Sch. 8 para. 170 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) U.K.

171 U.K. The Police, Public Order and Criminal Justice (Scotland) Act 2006 is amended as follows.

Commencement Information

I291 Sch. 8 para. 171 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

172 U.K. In Schedule 4 (the Police Complaints Commissioner for Scotland), in paragraph 2(1) (disqualification for appointment as Commissioner)—

(a) in sub-paragraph (h)(ii), omit “or”;

(b) in sub-paragraph (i)—

(i) omit “is or”;

(ii) at the end insert “ or ”;

(c) after sub-paragraph (i) insert—

“(j) is or has been a National Crime Agency officer.”.

Commencement Information

I292 Sch. 8 para. 172 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19) U.K.

173 U.K. The Corporate Manslaughter and Corporate Homicide Act 2007 is amended as follows.

Commencement Information

I293 Sch. 8 para. 173 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

174 U.K. In section 13 (application to police forces), in subsection (3)(g), for the words from “seconded” to “treated” substitute “ seconded to the National Crime Agency to serve as a National Crime Agency officer is to be treated ”.

Commencement Information

I294 Sch. 8 para. 174 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

175 U.K. In Schedule 1 (list of Government Departments etc), after the entry relating to the National Archives of Scotland insert— “ National Crime Agency ”.

Commencement Information

I295 Sch. 8 para. 175 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Serious Crime Act 2007 (c. 27) U.K.

176 U.K. The Serious Crime Act 2007 is amended as follows.

Commencement Information

I296 Sch. 8 para. 176 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

177 U.K. In section 5 (type of provision that may be made by orders), in subsection (7), for paragraph (b) of the definition of “a law enforcement officer”, substitute—

“(b) a National Crime Agency officer who is for the time being designated under section 9 or 10 of the Crime and Courts Act 2013;”.

Commencement Information

I297 Sch. 8 para. 177 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

178 U.K. In section 39 (compliance with orders: authorised monitors), in subsection (10), for paragraph (b) of the definition of “law enforcement agency”, substitute—

“(b) the National Crime Agency;”.

Commencement Information

I298 Sch. 8 para. 178 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Crime and Security Act 2010 (c. 17) U.K.

179 U.K. In section 31 of the Crime and Security Act 2010 (guidance), in subsection (3)—

(a) at the end of paragraph (a) insert “ and ”;

(b) omit paragraph (b).

Commencement Information

I299 Sch. 8 para. 179 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Equality Act 2010 (c. 15) U.K.

180 U.K. The Equality Act 2010 is amended as follows.

Commencement Information

I300 Sch. 8 para. 180 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

181 U.K. In section 42 (identity of employer), in subsections (4) and (5), for “SOCA” substitute “ NCA ”.

Commencement Information

I301 Sch. 8 para. 181 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

182 U.K. In section 43 (interpretation), for subsection (5) substitute—

“(5) NCA” means the National Crime Agency; and a reference to a constable at NCA is a reference to a constable seconded to it to serve as an NCA officer.”

Commencement Information

I302 Sch. 8 para. 182 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

183 U.K. In Schedule 19 (public authorities), in Part 1 (general), omit “The Serious Organised Crime Agency.”

Commencement Information

I303 Sch. 8 para. 183 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Police Reform and Social Responsibility Act 2011 (c. 13) U.K.

184 U.K. In section 65 of the Police Reform and Social Responsibility Act 2011 (disqualification from election or holding office as police and crime commissioner: police grounds), omit subsection (1)(h)(v).

Commencement Information

I304 Sch. 8 para. 184 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Protection of Freedoms Act 2012 (c. 9) U.K.

185 U.K. In section 95 of the Protection of Freedoms Act 2012 (effect on police and other records of disregard of conviction or caution), in subsection (5), in the definition of the names database, for “National Policing Improvement Agency” substitute “ Secretary of State ”.

Commencement Information

I305 Sch. 8 para. 185 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Part 3 U.K. Further consequential amendments and repeals

Extent Information

E30 Sch. Pt. 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

References to SOCA U.K.

186 U.K. In the following enactments, for “Serious Organised Crime Agency” substitute “ National Crime Agency ” (and, where that expression appears in more than one place in such an enactment, that substitution is made in each such place)—

Aviation Security Act 1982	Section 24AE(4)(f) (aerodrome security plans)
	Section 24AG(2)(e) (security executive groups)
	Section 24AI(2)(c) (objections to proposals by security executive groups)
Police and Criminal Evidence Act 1984	Section 63A(1A)(b) (fingerprints and samples: supplementary provision)
Dartford-Thurrock Crossing Act 1988	Section 19(a)(ia) (exemption from tolls)
Criminal Appeal Act 1995	Section 22(4)(aa) (meaning of public body etc)
Domestic Violence, Crime and Victims Act 2004	In Schedule 9 (authorities within Commissioner's remit), paragraph 13
Commissioners for Revenue and Customs Act 2005	Section 40(2)(ca)(ii) (confidentiality)
Immigration, Asylum and Nationality Act 2006	Section 39(2)(b) (disclosure to law enforcement agencies)
Counter-Terrorism Act 2008	In section 18E, paragraph (b) of the definition of “law enforcement authority” (sections 18 to 18E: supplementary provisions)
Coroners and Justice Act 2009	Section 75(2)(c) (qualifying criminal investigations)
	Section 161(2)(a)(i) (applications for exploitation proceeds order)
	Section 166(9A) (exploitation proceeds orders) effect of conviction being quashed etc
Terrorism Prevention and Investigation Measures Act 2011	In section 10(10) (criminal investigations into terrorism-related activity), paragraph (d) of the definition of “police force”

Commencement Information

I306 Sch. 8 para. 186 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

References to the Director General of SOCA U.K.

187 U.K. In the following enactments, for “Director General of the Serious Organised Crime Agency” substitute “ Director General of the National Crime Agency ”

Data Protection Act 1998	In section 56 (prohibition of requirement as to production of certain records), entry 1(d) in the table
Criminal Justice Act 2003	Section 29(5)(cb) (new method of instituting proceedings)
Commissioners for Revenue and Customs Act 2005	Section 41(2)(e) (disclosure of information to Director of Revenue and Customs Prosecutions)
Legal Services Act 2007	Section 169(5)(d) (disclosure of information to the Legal Services Board)
Coroners and Justice Act 2009	Section 81(3) (delegation of functions)

Commencement Information

I307 Sch. 8 para. 187 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

References to SOCA and its Director General U.K.

188 U.K. In the following enactments—

(a) for “Serious Organised Crime Agency” substitute “ National Crime Agency ”; and

(b) for “Director General of the Serious Organised Crime Agency” or “Director General of that Agency” substitute “ Director General of the National Crime Agency ”

Counter-Terrorism Act 2008	Section 18(3G)(f) (material not subject to existing statutory restrictions)
Coroners and Justice Act 2009	Section 77(1)(c) (applications for investigation anonymity orders)
Terrorism Prevention and Investigation Measures Act 2011	In section 10(10) (criminal investigations into terrorism-related activity), paragraph (d) of the definition of “chief officer”

Commencement Information

I308 Sch. 8 para. 188 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Repeals U.K.

189 U.K. The following enactments are repealed to the extent specified—

Courts Act 2003	Section 41(6)(c) (disqualification of lay justices who are members of SOCA etc)
Coroners and Justice Act 2009	Section 170 (amendments of Part 1 of the Serious Organised Crime and Police Act 2005)

Commencement Information

I309 Sch. 8 para. 189 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Part 4 U.K. Subordinate legislation

References to SOCA etc U.K.

190 (1) In any relevant subordinate legislation— U.K.

(a) a reference (however expressed) of a kind specified in an entry in the first column of the following table is to be read as being, or including, a reference of the kind specified in the corresponding entry in the second column of the table; and

(b) related expressions are to be read accordingly.

A reference to...	...is or includes a reference to...
the Serious Organised Crime Agency	the National Crime Agency
the Director General of the Serious Organised Crime Agency	the Director General of the National Crime Agency
the staff of the Serious Organised Crime Agency	National Crime Agency officers
a member of staff of the Serious Organised Crime Agency	a National Crime Agency officer

(2) The preceding provision of this paragraph is without prejudice to section 59 (consequential amendments).

(3) In this paragraph “relevant subordinate legislation” means Orders in Council, orders, rules, regulations, schemes, warrants, byelaws and other instruments made before the end of the Session of Parliament in which this Act is passed under—

(a) an Act of Parliament,

(b) an Act of the Scottish Parliament,

(c) an Act of the Northern Ireland Assembly, or

(d) a Measure or Act of the National Assembly for Wales.

Commencement Information

I310 Sch. 8 para. 190 in force at 7.10.2013 by S.I. 2013/1682, art. 3(v)

Section 17

SCHEDULE 9 U.K. Single county court in England and Wales

Part 1 U.K. Amendments of the County Courts Act 1984

1 U.K. The County Courts Act 1984 is amended as follows.

Commencement Information

I311 Sch. 9 para. 1 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

2 (1) Section 3 (place and time of sittings) is amended as follows. U.K.

(2) For subsections (1) and (2) substitute—

“(1) Sittings of the county court may be held, and any other business of the county court may be conducted, anywhere in England and Wales.

(1A) Sittings of the county court at any place may be continuous or intermittent or occasional.

(2) Sittings of the county court may be held simultaneously to take any number of different cases in the same place or different places, and the court may adjourn cases from place to place at any time.

(2A) The places at which the county court sits, and the days and times at which it sits in any place, are to be determined in accordance with directions given by the Lord Chancellor after consulting the Lord Chief Justice.”

(3) Omit subsection (4) (references to sittings of the court to include sittings by a district judge).

(4) In subsection (5) (delegation of Lord Chief Justice's functions under subsection (1)) for “subsection (1)” substitute “ this section ”.

Commencement Information

I312 Sch. 9 para. 2 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

3 U.K. In section 4 (use of public buildings for courts)—

(a) in subsection (1) for “county court is” substitute “ sitting of the county court is to be ”,

(b) in subsection (1) after “for the purpose of holding” insert “ the sitting of ”, and

(c) in subsection (2) for “any court,” substitute “ sittings of the county court, ”.

Commencement Information

I313 Sch. 9 para. 3 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

4 U.K. For section 5 (judges) substitute —

“5 Judges of the county court

(1) A person is a judge of the county court if the person—

(a) is a Circuit judge,

(b) is a district judge (which, by virtue of section 8(1C), here includes a deputy district judge appointed under section 8), or

(c) is within subsection (2),

but see also section 9 of the Senior Courts Act 1981 (certain ex-judges may act as judges of the county court).

(2) A person is within this subsection (and so, by virtue of subsection (1)(c), is a judge of the county court) if the person—

(a) is the Lord Chief Justice,

(b) is the Master of the Rolls,

(c) is the President of the Queen's Bench Division,

(d) is the President of the Family Division,

(e) is the Chancellor of the High Court,

(f) is an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court),

(g) is the Senior President of Tribunals,

(h) is a puisne judge of the High Court,

(i) is a deputy judge of the High Court,

(j) is the Judge Advocate General,

(k) is a Recorder,

(l) is a person who holds an office listed—

(i) in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court masters etc), or

(ii) in column 1 of Part 2 of Schedule 2 to that Act (High Court masters etc),

(m) is a deputy district judge appointed under section 102 of that Act,

(n) is a Chamber President, or a Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal,

(o) is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007,

(p) is a transferred-in judge of the Upper Tribunal (see section 31(2) of that Act),

(q) is a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),

(r) is a District Judge (Magistrates' Courts),

(s) is a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General),

(t) is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007,

(u) is a transferred-in judge of the First-tier Tribunal (see section 31(2) of that Act), or

(v) is a member of a panel of Employment Judges established for England and Wales or for Scotland.”

Commencement Information

I314 Sch. 9 para. 4 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

5 (1) Section 6 (district judges) is amended as follows. U.K.

(2) Omit subsections (2), (4) and (7) (which relate to the assignment of district judges to county court districts).

(3) In subsection (3) (interpretation of statutory and other references to district judges) for the words after “of a county court” substitute “is—

(a) if the context permits, a reference to the county court, and

(b) otherwise is a reference to a judge of the county court.”

(4) For the italic heading before the section substitute “ District judges and deputy district judges ”.

Commencement Information

I315 Sch. 9 para. 5 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

6 (1) Section 8 (deputy district judges) is amended as follows. U.K.

(2) In subsection (1) (appointment to facilitate disposal of business in the county courts) for “courts” substitute “ court or any other court or tribunal to which a person appointed under this subsection may be deployed ”.

(3) Omit subsections (1B) and (1D) (which relate to the assignment of deputy district judges to county court districts).

(4) In subsection (1C) (deputy district judge to have powers of a district judge)—

(a) omit “and assigned to a district”,

(b) omit “, while acting under his assignment,”, and

(c) for “assigned to the district” substitute “ other than a district judge's power to act in a district registry of the High Court ”.

Commencement Information

I316 Sch. 9 para. 6 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

7 (1) Section 12 (records of proceedings) is amended as follows. U.K.

(2) For subsection (1) (district judge for a district to keep such records as may be prescribed) substitute—

“(1) The Lord Chancellor may by regulations made by statutory instrument provide for the keeping of records of and in relation to proceedings of the county court.”

(3) In subsection (2) (certified copies of entries) for “the district judge” substitute “ a judge of the county court ”.

(4) In the title omit the words after “kept”.

Commencement Information

I317 Sch. 9 para. 7 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

8 (1) Section 13 (officers of court not to act as solicitors in that court) is amended as follows. U.K.

(2) In subsection (1) (officer of a county court and officer's firm not to be engaged as representative in any proceedings in that court, subject to exception in subsection (4) for deputy district judges)—

(a) for the words from the beginning to “be” substitute—

“A fee-paid part-time judge of the county court may not act as a judge of the court in relation to any proceedings in the court in which—

(a) the judge,

(b) a partner or employer of the judge,

(c) a body of which the judge is a member or officer, or

(d) a body of whose governing body the judge is a member,

is”, and

(b) omit “in any proceedings in that court”.

(3) Omit subsection (3) (which refers to a provision previously repealed).

(4) Omit subsection (4) (provision about deputy district judges which is incorporated in the amended subsection (1)).

Commencement Information

I318 Sch. 9 para. 8 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

9 (1) Section 14 (penalty for assaulting officer of a court) is amended as follows. U.K.

(2) In subsection (1)—

(a) for “a court” substitute “ the county court ”,

(b) for “judge”, in both places, substitute “ court ”, and

(c) for “a bailiff” substitute “ an officer ”.

(3) Omit subsection (3) (which provided for “judge” to include district judge and deputies, but which will become superfluous as a result of amendments made by this Schedule).

Commencement Information

I319 Sch. 9 para. 9 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

10 (1) In sections 15 to 25, 27(9), 30 and 36 to 147 and Schedule 1 and in any uncommenced enactment that amends any of those provisions (but subject to any specific amendments or repeals made by or under this Act)— U.K.

(a) for “A county court”, in each place, substitute “ The county court ”, and

(b) for “a county court”, in each place, substitute “ the county court ”.

(2) In sections 18 and 24(1) omit “specified in the memorandum”.

(3) Omit sections 26, 27(1) to (8), 28, 31(1), 32, 33 and 59 (Admiralty, and contentious probate, jurisdictions).

(4) In section 27(9) for “No county court shall” substitute “ The county court does not ”.

(5) In section 30 (actions in personam in collision etc cases)—

(a) in subsections (2) and (4) for “No county court shall” substitute “ The county court may not ”,

(b) in subsection (7) omit “(whether a county court or not)”, and

(c) in subsection (8) for the words after “applies” substitute “ generally in relation to the jurisdiction of the county court (and not only in relation to any jurisdiction that may be conferred on the county court in relation to Admiralty proceedings). ”

(6) In section 31(2) (Admiralty provisions: savings) for the words from the beginning to “authorise” in paragraph (c) substitute “ Nothing in section 31 or any provisions made for the purpose of, or in connection with, conferring jurisdiction on the county court in relation to Admiralty proceedings authorises ”.

(7) In section 35 for “in one or more of the county courts” substitute “ the county court ”.

(8) In section 37(1) for the words after “other” substitute “ Act on the county court may be exercised by any judge of the county court. ”

(9) Omit section 37(2).

(10) Omit section 40(4) (transfer of proceedings to particular county courts).

(11) In section 45(1) (costs in transferred cases)—

(a) in paragraph (b) for “Court; or” substitute “ Court, ”, and

(b) omit paragraph (c).

(12) In section 55—

(a) in subsection (1) for “judge” substitute “ court ”,

(b) in subsection (2) for “A judge” substitute “ The court ”,

(c) in subsection (4) for “judge may at his” substitute “ the court may at its ”, and

(d) omit subsection (4A).

(13) In section 57(1)—

(a) for “judge may, if he” substitute “ court may, if it ”, and

(b) omit “under his hand”.

(14) In section 58(1)—

(a) for paragraph (a) substitute—

“(a) a judge of the county court; or”, and

(b) for paragraph (c) substitute—

“(c) an officer of the county court appointed by a judge of the county court for the purpose,”.

(15) In section 58(2) for the words from “sworn” (where it first appears) to “such” substitute “ sworn before any such judge or ”.

(16) In section 60(2) (rights of audience in certain housing cases) for the words after paragraph (b) substitute—

“then, except where rules of court provide otherwise, any officer of the authority authorised by the authority for the purpose may address the court.”

(17) In section 60A(2) (rights of audience of employees of housing management bodies: proceedings to which section applies) for “before a district judge which” substitute “ that are not excluded by rules of court and ”.

(18) In section 61(3) for “every county court or as respects a specified county court or” substitute “ every place where the county court sits or ”.

(19) In section 62 for “the judge” substitute “ a judge ”.

(20) In section 63—

(a) in subsection (1) as substituted by the Courts and Legal Services Act 1990 for “ a judge ” substitute “in the county court a judge of the court”,

(b) in subsection (1) as having effect pending that substitution for “the judge” substitute “ in the county court a judge of the court ”,

(c) in subsection (2) as so substituted after “ a judge ” insert “ of the county court ”,

(d) omit subsections (2A) and (2B),

(e) in subsection (3) for “judge” substitute “ court ”, and

(f) in subsection (4) as having effect pending its being so substituted—

(i) for “the judge” substitute “ a judge ”, and

(ii) omit “by the district judge”.

(21) In section 64(1)(a) and (2)(a) after “proceedings” insert “ in the county court ”.

(22) In section 64(3) and (4) for “judge” substitute “ court ”.

(23) In section 64(4) for each of “he” and “him” substitute “ it ”.

(24) In section 65—

(a) in subsection (1) for the words from “the judge” to “referee” substitute “ a judge of the county court may refer to another judge of the county court or a ”,

(b) omit subsection (2),

(c) in subsection (3) for the words from “subsection” to “direct” substitute “ subsection (1), a judge of the county court may direct ”, and

(d) in subsection (4)—

(i) for “The judge” substitute “ A judge of the county court ”,

(ii) for the words from “refer” to “account” substitute “ refer to another judge of the county court any mere matter of account ”, and

(iii) for the words after “judgment” substitute “ on the other judge's report. ”

(25) In section 67 for “At any county court where proceedings” substitute “ Where any proceedings in the county court ”.

(26) In section 68 for “the judge” substitute “ a judge of the court ”.

(27) In section 71(2)—

(a) before “court”, where it first appears, insert “ county ”, and

(b) after “proceedings”, where it first appears, insert “ in the court ”.

(28) In section 72(1) omit “same or in another”.

(29) In section 77(1) (appeals) for “the judge” substitute “ a judge ”.

(30) In section 77(1A) (rules about appeals from district judges)—

(a) omit “under section 75”,

(b) for “district judge, assistant district judge or deputy district judge” substitute “ judge of the county court ”, and

(c) for “be to a” substitute “ be to another ”.

(31) In section 79(1) for “county courts” substitute “ the county court ”.

(32) In section 82 (decision of Court of Appeal on probate appeals is final) for “probate proceedings” substitute “ proceedings in respect of any contentious matter arising with any grant, or revocation, of probate or administration that under section 105 of the Senior Courts Act 1981 has been applied for through the principal registry of the Family Division or a district probate registry ”.

(33) In section 83(2) (judge to adjourn stayed proceedings)—

(a) omit “the judge of”, and

(b) for “he” substitute “ the court ”.

(34) In section 84 (prohibition)—

(a) in subsection (1) for “any county court” substitute “ the county court ”,

(b) in subsection (2) for “the judge of the county court shall not be served with notice of it, and shall not,” substitute “ no judge of the county court is to be served with notice of it or, ”, and

(c) in subsection (2) in the words after paragraph (b)—

(i) for “the judge” substitute “ a judge of the county court ”, and

(ii) after “a judge” insert “ of the county court ”.

(35) In section 85 (execution of judgments and orders)—

(a) in subsection (2) for “The registrar,” substitute “ A judge of the county court, ”,

(b) in subsection (2) for “the district of the court” substitute “ England and Wales ”, and

(c) in subsection (3) omit “to the registrar” and “by him”.

(36) In section 87 (execution to be suspended on payment)—

(a) in subsection (1) for “registrar” substitute “ court ”, and

(b) in subsection (2) omit “the registrar of” and “from which the warrant is issued”.

(37) In section 90 (custody of goods seized) for “registrar”, in both places, substitute “ court ”.

(38) In section 91 (disposal of securities seized) for “registrar” substitute “ county court ”.

(39) In section 92 (penalty for rescuing goods seized)—

(a) in subsection (1) for “judge”, in both places, substitute “ county court ”,

(b) in subsection (1) for “a bailiff” substitute “ an officer ”, and

(c) in subsection (2) for “The judge” substitute “ A judge of the county court ”.

(40) In section 95 (appointment of brokers, appraisers etc)—

(a) in subsections (1) and (2) for “The registrar” substitute “ A judge of the county court ”, and

(b) in subsection (3) for “The judge or registrar” substitute “ A judge of the county court ”.

(41) In section 96(1) (power to appoint bailiff as broker or appraiser) for “The judge” substitute “ A judge of the county court ”.

(42) In section 97 (sale under execution)—

(a) for “registrar”, in each place, substitute “ court ”, and

(b) in subsection (1) omit “from which the warrant of execution issued”.

(43) In section 98 (protection of person selling goods under execution without notice of third-party claim)—

(a) in subsection (1) in the words before paragraph (a) for “registrar or other officer”, in both places, substitute “ person ”,

(b) in subsection (1)(b) for “district judge or other officer” substitute “ person ”, and

(c) in subsection (2) for “registrar or other officer” substitute “ person who sold the goods ”.

(44) In section 99 (effect of warrants of execution) as having effect until replaced by the section 99 that is to be substituted by the Tribunals, Courts and Enforcement Act 2007—

(a) in subsection (1) omit “the registrar of”,

(b) in subsection (2)(a) omit “registrar of a”,

(c) in subsection (2)(a) for the words after “application” substitute “ remained unexecuted in the hands of a person charged with its execution; or ”,

(d) in subsection (3) for “registrar” substitute “ county court ”, and

(e) in subsection (3) for each of “him” and “he” substitute “ the court ”.

(45) In section 100 (sale of goods to which claim is made)—

(a) for “judge”, in each place, substitute “ court ”, and

(b) in subsection (4) for “the registrar” substitute “ a judge of the court ”.

(46) In section 101 (interpleader)—

(a) in subsection (1)—

(i) for “registrar” substitute “ court ”, and

(ii) for “against him” substitute “ in respect of the claim ”,

(b) in subsection (2) for “any county court or” substitute “ the county court or any ”, and

(c) in subsection (3)—

(i) for “judge” substitute “ court ”,

(ii) for “and the registrar” substitute “ and the person executing the warrant ”, and

(iii) omit “by the registrar”.

(47) In section 102(7) for “registrar” substitute “ court ”.

(48) In section 103 (execution out of jurisdiction of a county court) omit subsections (1) to (5).

(49) In section 104 (information about writs and warrants)—

(a) in subsection (1) for “the district judge of a” substitute “ a judge of the ”,

(b) in subsection (1) in the words after paragraph (b) omit “district”, and

(c) in subsection (3) omit “district”.

(50) In section 110 (penalty for non-attendance) for “judge”, in each place, substitute “ court ”.

(51) In Part 6 (administration orders) as having effect until replaced by the Part 6 that is to be substituted by the Tribunals, Courts and Enforcement Act 2007—

(a) in section 112(2) omit the definition of “the appropriate court”,

(b) for “appropriate court”, in each place except section 112(2), substitute “ county court ”,

(c) in section 113(a)(ii) for “in the office of the county court for the district in which the debtor resides” substitute “ on an appropriate website ”,

(d) in section 113(b) and (d) (references to district judge) for “registrar” substitute “ county court ”,

(e) in section 114(2)—

(i) for “any county court in which proceedings” substitute “ when an administration order is made, the county court is to stay any proceedings in the county court which ”, and

(ii) omit “shall, on receiving notice of the administration order, stay the proceedings”,

(f) in section 114(3) for the words after “operate” substitute “ as a requirement to stay any proceedings in bankruptcy which are pending against the debtor. ”, and

(g) in section 115(1)—

(i) omit “the registrar of”, and

(ii) for “he” substitute “ the court ”.

(52) In Part 6 (administration orders) as substituted by the Tribunals, Courts and Enforcement Act 2007—

(a) omit “proper”, in each place except section 112AA(3),

(b) in section 112L(7)(a) omit “(within the meaning of Part 6A)”,

(c) in section 112N(3) for “the judge” substitute “ a judge of the county court ”,

(d) omit section 112N(6) (district judge may exercise powers of judge), and

(e) omit section 112AA(3) and (4) (meaning of “proper county court”).

(53) In Part 6A (enforcement restriction orders)—

(a) omit “proper”, in each place,

(b) in section 117I(7)(a) omit “(within the meaning of Part 6)”,

(c) in section 117K(3) for “the judge” substitute “ a judge of the county court ”,

(d) omit section 117K(6) (district judge may exercise powers of judge),

(e) in section 117R(3) omit “, or another court whilst it was previously the proper county court,”, and

(f) omit section 117T(3) and (4) (meaning of “proper county court”).

(54) In section 118 (power to commit for contempt)—

(a) in subsection (1)(a) for “the judge” substitute “ a judge ”,

(b) in subsection (2) for “The judge” substitute “ A judge of the county court ”, and

(c) omit subsection (3) (district judge may exercise powers of judge).

(55) In section 119(1) (order of committal to be directed to district judge) for “registrar” substitute “ officers ”.

(56) In section 120 (prisons to which committals to be made) omit “judge of any”.

(57) In section 121 (power to order discharge from prison)—

(a) omit “a judge of”, and

(b) for “the judge”, in both places, substitute “ the court ”.

(58) Omit section 122 (execution of committal orders by other county courts).

(59) In section 123 (responsibility for acts and defaults of officers)—

(a) for “Every registrar” substitute “ The county court ”, and

(b) for “himself and of the bailiffs appointed to assist him” substitute “ its bailiffs and other officers ”.

(60) In section 124 (liability of bailiff for neglect to levy execution)—

(a) in subsection (1) for the words after “complain” substitute “ to the court. ”, and

(b) in subsection (2) for “judge” substitute “ court ”.

(61) In section 125(1) (execution of warrants) for “a court” substitute “ the court ”.

(62) In section 126(1) (actions against bailiffs acting under warrants) for “registrar” substitute “ county court ”.

(63) In section 129 (enforcement of fines)—

(a) for “any court” substitute “ the county court ”, and

(b) for “judge” substitute “ court ”.

(64) In section 131 (appointment of auditors etc) for “county courts” substitute “ the county court ”.

(65) In section 132 (payment of salaries and expenses)—

(a) in paragraph (b) for “courts and” substitute “ the county court and its ”, and

(b) in paragraphs (c) and (d) for “courts”, in each place, substitute “ county court ”.

(66) In section 133 (proof of service) for “a court”, in both places, substitute “ the court ”.

(67) In section 137(2) (lessee's failure to give notice) for “any county court or” substitute “ the county court or any ”.

(68) In section 147(1) (interpretation)—

(a) omit the definition of “Admiralty county court”,

(b) for the definition of “Admiralty proceedings” substitute—

““Admiralty proceedings” means proceedings which, if commenced in the High Court, would involve the exercise of the High Court's Admiralty jurisdiction;”,

(c) for the definition of “court” and “county court” substitute—

““court” means the county court;”,

(d) omit the definition of “district” and “county district”,

(e) omit the definition of “judge”,

(f) in the definition of “officer” for the words from “in relation” to “clerk,” substitute “ in relation to the county court, means any clerk, ”,

(g) omit the definition of “part-time registrar” and “part-time assistant registrar”,

(h) omit the definition of “probate proceedings”, and

(i) omit the definition of “registrar” and “registrar of a county court”.

(69) In Schedule 1 (replevin)—

(a) in paragraph 1(2)—

(i) for “The registrar for the district in which any goods subject to replevin are taken” substitute “ Where any goods subject to replevin are taken, the county court ”, and

(ii) for “a bailiff” substitute “ an officer ”,

(b) in paragraph 1(3) for “registrar” substitute “ court ”, and

(c) in paragraph 2(2)—

(i) for “registrar having power in the matter” substitute “ county court ”, and

(ii) for “registrar thinks” substitute “ court thinks ”.

(70) In Schedule 3 (transitional provisions) after paragraph 5 insert—

“5A Any reference that would otherwise fall to be construed in accordance in with paragraph 5 is instead to be construed as a reference to the county court established under section A1.”

(71) In paragraph 7 of Schedule 3 (references to high bailiffs) for “registrar” substitute “ judge of the county court ”.

Commencement Information

I320 Sch. 9 para. 10 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Part 2 U.K. Other amendments

General modification U.K.

11 (1) In relevant legislation, but subject to any amendments or repeals made by or under this Act— U.K.

(a) any reference (however expressed) that is or is deemed to be a reference to a county court held under section 1 of the County Courts Act 1984 is to be read as a reference to the county court established by section A1 of that Act, and

(b) any reference (however expressed) that is or is deemed to be a reference to a judge of a county court held under section 1 of that Act (including, for example, any reference to the judge of such a county court and any reference to a judge for, or assigned to, the district of such a county court) is—

(i) if the context permits, to be read as a reference to the county court established under section A1 of that Act, and

(ii) otherwise is to be read as a reference to a judge of the county court established under that section.

(2) Sub-paragraph (1)(b) does not apply to a reference to a holder of a particular office (for example, a reference to a Circuit judge) even though holders of the office were, or might have been, judges of county courts held under section 1 of that Act.

(3) In sub-paragraph (1) “relevant legislation” means—

(a) an Act passed no later than the end of the Session in which this Act is passed, but not the County Courts Act 1984,

(b) an Act or Measure of the National Assembly for Wales passed no later than the end of that Session, or

(c) an instrument made under an Act (including a future Act), or under an Act or Measure of the National Assembly for Wales (including a future Act of that Assembly), if—

(i) made no later than the coming into force of sub-paragraph (1), or

(ii) made later than the coming into force of sub-paragraph (1) but after having been approved in draft before the coming into force of that sub-paragraph by at least one House of Parliament or by the National Assembly for Wales.

Commencement Information

I321 Sch. 9 para. 11 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Literary and Scientific Institutions Act 1854 (c. 112) U.K.

12 U.K. In section 29 of the Literary and Scientific Institutions Act 1854—

(a) omit “the judge of”,

(b) omit “of the district in which the principal building of the institution shall be situated,”, and

(c) for “he”, in each place, substitute “ it ”.

Commencement Information

I322 Sch. 9 para. 12 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commons Act 1876 (c. 56) U.K.

13 U.K. In section 30 of the Commons Act 1876 (jurisdiction of county court in respect of illegal inclosures)—

(a) for the words before “shall have jurisdiction” substitute “ The county court ”, and

(b) for “upon such” substitute “ upon any ”.

Commencement Information

I323 Sch. 9 para. 13 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Bankers' Books Evidence Act 1879 (c. 11) U.K.

14 U.K. In section 10 (interpretation) for “The judge of a county court” substitute “ A judge of the county court ”.

Commencement Information

I324 Sch. 9 para. 14 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Bills of Sale Act (1878) Amendment Act 1882 (c. 43) U.K.

15 U.K. In section 11 of the Bills of Sale Act (1878) Amendment Act 1882 (local registration of contents of bills of sale)—

(a) in the first sentence, for the words after “contents of such bill of sale to the” substitute “ county court ”, and

(b) in the second sentence omit the words between “indexed by the” and “county court”.

Commencement Information

I325 Sch. 9 para. 15 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Law of Distress Amendment Act 1888 (c. 21) U.K.

16 U.K. In section 7 of the Law of Distress Amendment Act 1888 (distress to be levied by certified bailiffs)—

(a) for “judge assigned to a county court district, or acting as a judge so assigned” substitute “ judge of the county court ”, and

(b) omit the sentence beginning “A county court registrar may”.

Commencement Information

I326 Sch. 9 para. 16 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Law of Distress Amendment Act 1895 (c. 24) U.K.

17 U.K. In section 1 of the Law of Distress Amendment Act 1895—

(a) for “the judge of a county court” substitute “ a judge of the county court ”, and

(b) for “that county court” substitute “ the county court ”.

Commencement Information

I327 Sch. 9 para. 17 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Stannaries Court (Abolition) Act 1896 (c. 45) U.K.

18 (1) The Stannaries Court (Abolition) Act 1896 is amended as follows. U.K.

(2) In section 1(1) (abolition of Vice-Warden's Court) omit the words from “and be exercised” to the end.

(3) In section 1 after subsection (1) insert—

“(1A) The jurisdiction and powers transferred and vested under subsection (1), so far as immediately before the coming into force of this subsection they are vested in any of the county courts held under section 1 of the County Courts Act 1984, become jurisdiction and powers of the county court to be exercised subject to and in accordance with rules of court.”

(4) In section 4(1) (reference of disputes to arbitration) for “a county court exercising the jurisdiction of the Stannaries Court” substitute “ the county court ”.

Commencement Information

I328 Sch. 9 para. 18 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Administration of Justice (Appeals) Act 1934 (c. 40) U.K.

19 U.K. The Administration of Justice (Appeals) Act 1934 is repealed.

Commencement Information

I329 Sch. 9 para. 19 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Crown Proceedings Act 1947 (c. 44) U.K.

20 U.K. In the Crown Proceedings Act 1947—

(a) for “a county court”, in each place except section 53(3)(a), substitute “ the county court ”, and

(b) in sections 24(3) and 27(2) for “county courts” substitute “ the county court ”.

Commencement Information

I330 Sch. 9 para. 20 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Registered Designs Act 1949 (c. 88) U.K.

21 (1) The Registered Designs Act 1949 is amended as follows. U.K.

(2) In section 27(1)(a) (meaning of “the court”) for the words after “High” substitute “ Court, ”.

(3) Omit section 27A(4) to (6) (references to patents county court).

Commencement Information

I331 Sch. 9 para. 21(1)(2) in force at 1.10.2013 by S.I. 2013/1725, art. 3(c)

I332 Sch. 9 para. 21(3) in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Opencast Coal Act 1958 (c. 69) U.K.

22 U.K. In Schedule 8 to the Opencast Coal Act 1958 in paragraph 7 omit “the judge of” and “having jurisdiction in the place where the land in question is situated”.

Commencement Information

I333 Sch. 9 para. 22 in force at 22.4.2014 by S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)