Part 9Miscellaneous and general

CHAPTER 1Miscellaneous

NCA powers

I1158Powers 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

18ANCA officers

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.

18BPowers only exercisable in relation to customs matters

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.

18CPowers exercisable under warrant

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,