Part 9Miscellaneous and general

CHAPTER 1Miscellaneous

NCA powers

158Powers of NCA officers in relation to customs matters

(1)

The Crime and Courts Act 2013 is amended as follows.

(2)

In section 9 (Director General: customs powers of Commissioners & operational powers)—

(a)

in subsection (2), after paragraph (b) insert—

“(ba)

the powers of a general customs official;”;

(b)

in subsection (8), in the definition of “operational power”, after paragraph (b) insert—

“(ba)

a power of a general customs official;”.

(3)

In section 10 (operational powers of other NCA officers), in subsection (1) after paragraph (b) insert—

“(ba)

the powers of a general customs official;”.

(4)

In Schedule 5 (police, customs and immigration powers), after Part 5 (designation: powers of officers of Revenue and Customs) insert—

“Part 5ADesignations: Powers of general customs officials

NCA officers

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

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

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.”

(5)

In paragraph 26 of that Schedule (modification of references), after paragraph (c) insert—

“(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;”.

(6)

In paragraph 27 of that Schedule (power to make further provision), in sub-paragraph (2), after paragraph (d)(ii) insert—

“(iia)

one or more grades of, or pay scales applicable to, general customs officials;”.

(7)

In paragraph 28 of that Schedule (functions of third parties relating to constables etc: extension to NCA), in sub-paragraph (2), after paragraph (c) insert—

“(ca)

a general customs official,”.