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[NOTE: The words marked in bold type were inserted by the Lords to avoid |
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Establish, and make provision about, the National Crime Agency; to abolish |
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the Serious Organised Crime Agency and the National Policing Improvement |
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Agency; to make provision about the judiciary and the structure, |
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administration, proceedings and powers of courts and tribunals; to make |
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provision about deferred prosecution agreements; to make provision about |
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border control; to make provision about drugs and driving; and for connected |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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The National Crime Agency |
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1 | The National Crime Agency |
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(1) | A National Crime Agency, consisting of the NCA officers, is to be formed. |
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(2) | The NCA is to be under the direction and control of one of the NCA officers, |
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who is to be known as the Director General of the National Crime Agency. |
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(a) | the functions conferred by this section; |
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(b) | the functions conferred by the Proceeds of Crime Act 2002; and |
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(c) | the other functions conferred by this Act and by other enactments. |
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(4) | The NCA is to have the function (the “crime-reduction function”) of securing |
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that efficient and effective activities to combat organised crime and serious |
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crime are carried out (whether by the NCA, other law enforcement agencies, or |
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(5) | The NCA is to have the function (the “criminal intelligence function”) of |
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gathering, storing, processing, analysing, and disseminating information that |
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is relevant to any of the following— |
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(a) | activities to combat organised crime or serious crime; |
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(b) | activities to combat any other kind of crime; |
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(c) | exploitation proceeds investigations (within the meaning of section |
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341(5) of the Proceeds of Crime Act 2002), exploitation proceeds orders |
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(within the meaning of Part 7 of the Coroners and Justice Act 2009), and |
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applications for such orders. |
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(6) | The NCA must discharge the crime-reduction function in the following ways |
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(7) | The first way is by the NCA itself— |
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(a) | preventing and detecting organised crime and serious crime, |
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(b) | investigating offences relating to organised crime or serious crime, and |
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(c) | otherwise carrying out activities to combat organised crime and serious |
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crime, including by instituting criminal proceedings in England and |
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Wales and Northern Ireland. |
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(8) | The second way is by the NCA securing that activities to combat organised |
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crime or serious crime are carried out by persons other than the NCA. |
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(9) | The third way is by the NCA securing improvements— |
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(a) | in co-operation between persons who carry out activities to combat |
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organised crime or serious crime, and |
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(b) | in co-ordination of activities to combat organised crime or serious |
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(10) | The crime-reduction function does not include— |
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(a) | the function of the NCA itself prosecuting offences; or |
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(b) | the function of the NCA itself instituting criminal proceedings in |
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(11) | In this Part, a reference to activities to combat crime (or a particular kind of |
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crime, such as organised crime or serious crime) is a reference to— |
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(a) | the prevention and detection of crime (or that kind of crime), |
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(b) | the investigation and prosecution of offences (or offences relating to |
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(c) | the reduction of crime (or that kind of crime) in other ways, and |
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(d) | the mitigation of the consequences of crime (or that kind of crime); |
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| and references to the carrying out of activities to combat crime (or a particular |
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kind of crime) are to be construed accordingly. |
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(12) | Schedule 1 (the NCA & NCA officers) has effect. |
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(1) | The Secretary of the State may determine strategic priorities for the NCA. |
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(2) | In determining strategic priorities for the NCA (including deciding whether |
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there should be such priorities), the Secretary of State must consult— |
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(a) | the strategic partners, |
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(b) | the Director General, and |
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(c) | any other persons whom the Secretary of State considers it is |
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(1) | The Director General has (by virtue of the function of direction and control of |
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the NCA) the power to decide— |
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(a) | which particular operations are to be mounted by NCA officers, and |
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(b) | how such operations are to be conducted. |
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(2) | In exercising functions, the Director General must have regard to— |
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(a) | any strategic priorities for the NCA (see section 2); |
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(b) | the annual plan (see below); and |
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(c) | the framework document (see Part 1 of Schedule 2). |
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(3) | Before the beginning of each financial year, the Director General must issue a |
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document (the “annual plan”) setting out how the Director General intends |
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that NCA functions are to be exercised during that year (including how they |
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are to be exercised in Scotland and Northern Ireland). |
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(4) | The annual plan for a financial year must include— |
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(a) | a statement of any strategic priorities for the NCA, |
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(b) | a statement of the operational priorities for the NCA, and |
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(c) | in relation to each of the strategic and operational priorities, an |
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explanation of how the Director General intends that the priority will |
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(5) | The Director General must determine operational priorities for the NCA; and |
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those priorities may relate— |
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(a) | to matters to which current strategic priorities also relate, or |
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| but operational priorities must, in any event, be framed so as to be consistent |
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with the current strategic priorities. |
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(6) | In preparing any annual plan, the Director General must consult— |
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(a) | the strategic partners, and |
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(b) | any other persons whom the Director General considers it is |
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(7) | The Director General is required by subsection (6)(a)— |
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(a) | to consult the Scottish Ministers about the annual plan only as it relates |
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to activities in Scotland; and |
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(b) | to consult the Department of Justice in Northern Ireland about the |
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annual plan only as it relates to activities in Northern Ireland. |
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(8) | Before issuing any annual plan, the Director General must obtain— |
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(a) | the consent of the Secretary of State to the plan, |
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(b) | the consent of the Scottish Ministers to the plan as it relates to activities |
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(c) | the consent of the Department of Justice in Northern Ireland as it relates |
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to activities in Northern Ireland. |
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(9) | The Director General must arrange for each annual plan to be published in the |
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manner which the Director General considers appropriate. |
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(10) | Schedule 2 (the framework document & annual report) has effect. |
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4 | Relationships between NCA and other agencies: tasking etc |
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(1) | Any of the following persons may perform a task if the Director General |
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requests the person to perform it— |
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(a) | the chief officer of a UK police force; |
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(b) | a UK law enforcement agency. |
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(2) | A request under subsection (1)— |
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(a) | may be made only if the Director General considers that performance |
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of the task would assist the NCA to exercise functions; |
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(b) | must explain how performance of the requested task would so assist |
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the exercise of functions. |
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(3) | The Director General may perform a task if any of the following persons |
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requests the Director General to perform it— |
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(a) | the chief officer of a UK police force; |
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(b) | a UK law enforcement agency. |
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(4) | A request under subsection (3)— |
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(a) | may be made only if the person making it considers that performance |
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of the task would assist that person — or, in a case where that person is |
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the chief officer of a police force, would assist that person or police force |
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(b) | must explain how performance of the requested task would so assist |
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the exercise of functions. |
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(5) | The Director General may direct any of the following persons to perform a task |
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specified in the direction— |
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(a) | the chief officer of an England and Wales police force; |
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(b) | the Chief Constable of the British Transport Police. |
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(6) | The Director General may give a direction under subsection (5) only if the |
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Director General considers that— |
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(a) | performance of the task would assist the NCA to exercise functions; |
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(b) | it is expedient for the directed person to perform that task; and |
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(c) | satisfactory arrangements cannot be made, or cannot be made in time, |
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(7) | A person given a direction under this section must comply with it. |
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(8) | If a person is requested or directed under this section to perform a task, the |
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person may comply with that request or direction by securing that the task is |
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performed by another person. |
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(9) | The Director General may give a direction under this section to the Chief |
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Constable of the British Transport Police only if the Secretary of State consents. |
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(10) | Schedule 3 (relationships between NCA and other agencies) has effect. |
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(11) | This section has effect subject to Part 5 (payment for tasks etc) of Schedule 3. |
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(12) | Paragraph 33 of Schedule 3 gives the Secretary of State power to amend this |
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5 | Duty to publish information |
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(1) | The Director General must— |
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(a) | make arrangements for publishing information about the exercise of |
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NCA functions and other matters relating to the NCA, and |
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(b) | publish information in accordance with those arrangements. |
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(2) | The framework document may impose on the Director General requirements |
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in relation to performance of the duties imposed by subsection (1) (including |
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requirements about what information is not to be published). |
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(3) | The Director General must comply with any such requirements in the |
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framework document (and accordingly the duty in section 3(2)(c) to have |
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regard to that document does not apply in relation to such requirements). |
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(4) | This section is subject to Schedule 7 (information: restrictions on disclosure). |
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(1) | A person may disclose information to the NCA if the disclosure is made for the |
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purposes of the exercise of any NCA function. |
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(2) | Subsection (1) does not authorise any of the following to disclose information |
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(a) | a person serving in the Security Service; |
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(b) | a person serving in the Secret Intelligence Service; |
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(c) | a person serving in GCHQ; |
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| but this does not affect the disclosures which such a person may make to the |
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NCA in accordance with intelligence service disclosure arrangements. |
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(3) | Information obtained by the NCA in connection with the exercise of any NCA |
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functions may be used by the NCA in connection with the exercise of any other |
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(4) | An NCA officer may disclose information obtained by the NCA in connection |
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with the exercise of any NCA function if the disclosure is for any permitted |
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(5) | Subsection (4) authorises an NCA officer to disclose information for the |
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purpose of the exercise of— |
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(a) | the functions of the Lord Advocate under Part 3 of the Proceeds of |
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Crime Act 2002 (“PCA 2002”), or |
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(b) | the functions of the Scottish Ministers under, or in relation to, Part 5 of |
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| only where the information has been obtained by the NCA in connection with |
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the exercise of a function under PCA 2002 (other than a function under Part 6 |
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(6) | Where information has been obtained by the NCA in connection with the |
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exercise of a function under Part 6 of PCA 2002 (revenue functions), subsection |
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(4) does not authorise an NCA officer to disclose the information. |
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(7) | But an NCA officer may disclose the information if the disclosure is— |
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(a) | to the Commissioners for Her Majesty’s Revenue and Customs, |
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(b) | to the Lord Advocate for the purposes of the exercise by the Lord |
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Advocate of the Lord Advocate’s functions under Part 3 of PCA 2002 |
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(confiscation: Scotland), |
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(c) | to any person for purposes relating to civil proceedings (whether or not |
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in the United Kingdom) which relate to a matter in respect of which the |
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(d) | to any person for the purposes of compliance with an order of a court |
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or tribunal (whether or not in the United Kingdom). |
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(8) | A disclosure of information which is authorised or required by this Part does |
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(a) | an obligation of confidence owed by the person making the disclosure, |
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(b) | any other restriction on the disclosure of information (however |
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(9) | This section is subject to Schedule 7 (information: restrictions on disclosure). |
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“GCHQ” has the same meaning as in the Intelligence Services Act 1994; |
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“intelligence service disclosure arrangements” means— |
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(a) | arrangements made by the Director-General of the Security |
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Service under section 2(2)(a) of the Security Service Act 1989 |
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about the disclosure of information by that Service, |
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(b) | arrangements made by the Chief of the Intelligence Service |
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under section 2(2)(a) of the Intelligence Services Act 1994 about |
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the disclosure of information by that Service, or |
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(c) | arrangements made by the Director of GCHQ under section |
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4(2)(a) of that Act about the disclosure of information by |
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(1) | In section 11 of the Children Act 2004 (arrangements to safeguard and promote |
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welfare of children: England), in subsection (1), after paragraph (i) insert— |
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“(ia) | the National Crime Agency;”. |
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(2) | In section 28 of the Children Act 2004 (arrangements to safeguard and promote |
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welfare of children: Wales), in subsection (1), after paragraph (e) insert— |
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“(ea) | the National Crime Agency;”. |
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(3) | The Director General may provide assistance to— |
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(a) | a government in a country or territory outside the British Islands, or |
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(b) | another overseas body exercising functions of a public nature in a |
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country or territory outside the British Islands, |
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| if the government, or the body, requests assistance to be provided. |
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(4) | If such a request is made, the Director General may provide such assistance as |
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the Director General considers appropriate in all the circumstances. |
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(5) | Subsection (3) does not apply to any request for assistance which could be |
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made under section 13 of the Crime (International Co-operation) Act 2003, |
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unless the NCA has functions under that section in relation to the request by |
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virtue of an order under section 27(2) of that Act. |
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(6) | Schedule 4 (NCA: general) has effect. |
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8 | Director General: customs powers of Commissioners & operational powers |
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(1) | The Director General has, in relation to any customs matter, the same powers |
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as the Commissioners for Her Majesty’s Revenue and Customs would have. |
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(2) | The Secretary of State may designate the Director General as a person having |
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one or more of the following— |
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(a) | the powers and privileges of a constable; |
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(b) | the powers of an officer of Revenue and Customs; |
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(c) | the powers of an immigration officer. |
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(3) | The Secretary of State may modify or withdraw a designation of the Director |
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General by giving notice of the modification or withdrawal to the Director |
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(4) | Schedule 5 (police, customs and immigration powers) has effect. |
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(5) | If, in accordance with paragraph 4 of Schedule 5, recommendations are made |
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to the Secretary of State as to the operational powers which the Director |
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General should have, the Secretary of State must exercise the powers of |
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designation to give effect to those recommendations (unless the |
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recommendations are already given effect to by a previous exercise of the |
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(6) | The Secretary of State may not exercise the powers of designation unless— |
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(a) | required to do so by subsection (5); or |
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(b) | required or otherwise authorised to do so by regulations under |
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paragraph 5 of Schedule 5. |
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(7) | In this section “powers of designation” means the powers conferred by |
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“customs matter” means any matter other than— |
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(a) | a matter to which section 7 of the Commissioners for Revenue |
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and Customs Act 2005 applies (former Inland Revenue |
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(b) | any tax or duty not mentioned in Schedule 1 to that Act (which |
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“operational power” means any of the following— |
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(a) | a power or privilege of a constable; |
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(b) | a power of an officer of Revenue and Customs; |
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(c) | a power of an immigration officer. |
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9 | Operational powers of other NCA officers |
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(1) | The Director General may designate any other NCA officer as a person having |
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one or more of the following— |
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(a) | the powers and privileges of a constable; |
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(b) | the powers of an officer of Revenue and Customs; |
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(c) | the powers of an immigration officer. |
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