EXPLANATORY NOTE

(This note is not part of the Order)

Under sections 9(2) and 10(1) of the Crime and Courts Act 2013 a NCA officer can be designated as a person having the powers and privileges of a constable, the customs powers of an officer of Revenue and Customs and the powers of an immigration officer. This Order modifies the application of certain enactments which confer powers on the police (as well as constables) and immigration officers to enable such powers to be exercised by designated NCA officers.

Part 2 of this Order modifies the application of the Police and Criminal Evidence Act 1984, the Anti-social Behaviour Act 2003 and the Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data)(Transitional, Transitory and Saving Provisions) Order 2013 in relation to NCA officers designated as persons with the powers and privileges of a constable.

Part 3 of this Order modifies the application of the Immigration Act 1971 and the Immigration and Asylum Act 1999 in relation to NCA officers designated as persons with the powers of an immigration officer.

Part 4 of this Order revokes the Serious Organised Crime and Police Act 2005 (Application and Modification of Certain Enactments to Designated Staff of SOCA) Order 2006.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.