Crime and Courts Bill [HL]

Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
103

57
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”.
Police (Northern Ireland) Act 1998 (c. 32)
5
58
The Police (Northern Ireland) Act 1998 is amended as follows.
59
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”;
10
(b)
omit paragraph (cc).
Northern Ireland Act 1998 (c. 47)
60
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;”.
15
Immigration and Asylum Act 1999 (c. 33)
61
The Immigration and Asylum Act 1999 is amended as follows.
62
In section 20 (supply of information to Secretary of State), in subsection
(1)(b), for “Serious Organised Crime Agency” substitute “National Crime
Agency”.
20
63    (1)
Section 21 (supply of information by Secretary of State) is amended in
accordance with this paragraph.
      (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;”.
25
      (3)
Omit subsection (4).
Terrorism Act 2000 (c. 11)
64
The Terrorism Act 2000 is amended as follows.
65
In section 19 (disclosure of information: duty), in subsection (7B), for
“member of the staff of the Serious Organised Crime Agency” substitute
30
“National Crime Agency officer”.
66
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”.
67
In section 21ZA (arrangements with prior consent), in subsection (5), for
35
“member of the staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.
68
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”.
40

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
104

69
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”.
70
In section 21B (protected disclosures), in subsection (7), for “member of the
staff of the Serious Organised Crime Agency” substitute “National Crime
5
Agency officer”.
71    (1)
Section 21C (disclosures to SOCA) is amended in accordance with this
paragraph.
      (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
10
Crime Agency” substitute “National Crime Agency officer”.
72
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”.
73
In Schedule 14 (exercise of officers’ powers), in paragraph 4 (information),
15
for sub-paragraph (1)(d) substitute—
“(d)
to the National Crime Agency;”.
Regulation of Investigatory Powers Act 2000 (c. 23)
74
The Regulation of Investigatory Powers Act 2000 is amended as follows.
75
In section 6 (application for issue of an interception warrant), in subsection
20
(2), for paragraph (d) substitute—
“(d)
the Director General of the National Crime Agency;”.
76
In section 17 (exclusion of matters from legal proceedings), in subsection (3),
omit paragraph (c).
77
In section 19 (offence for unauthorised disclosures), in subsection (2), omit
25
paragraph (c).
78    (1)
Section 25 (interpretation of Chapter 2) is amended in accordance with this
paragraph.
      (2)
In subsection (1), in the definition of “relevant public authority”, for
paragraph (b) substitute—
30
“(b)
the National Crime Agency;”.
      (3)
In subsection (3A), for the words from “Serious” to the end substitute
“National Crime Agency include references to any National Crime Agency
officer.”.
79
In section 32 (authorisation of intrusive surveillance), in subsection (6), for
35
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;”.
80    (1)
Section 33 (rules of grant of authorisations) is amended in accordance with
40
this paragraph.

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
105

      (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”;
5
(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”.
81    (1)
Section 34 (grant of authorisation in the senior officer’s absence) is amended
10
in accordance with this paragraph.
      (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”.
15
82    (1)
Section 35 (notifications of authorisations for intrusive surveillance) is
amended in accordance with this paragraph.
      (2)
In subsection (1), for “SOCA” substitute “the National Crime Agency”.
      (3)
In subsection (10)—
(a)
for “SOCA” substitute “the National Crime Agency”;
20
(b)
in paragraph (a), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.
83    (1)
Section 36 (approval required for authorisations to take effect) is amended
in accordance with this paragraph.
      (2)
In subsection (1), for paragraph (b) substitute—
25
“(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”.
84
In section 37 (quashing of police and Revenue and Customs authorisations
etc), in subsection (1), for paragraph (b) substitute—
30
“(b)
a National Crime Agency officer;”.
85
In section 40 (information to be provided to Surveillance Commissioners),
for paragraph (b) substitute—
“(b)
every National Crime Agency officer,”.
86
In section 46 (restrictions on authorisations extending to Scotland), in
35
subsection (3), for paragraph (db) substitute—
“(db)
the National Crime Agency;”.
87
In section 49 (notices requiring disclosure), in subsection (1)(e), for “SOCA”
(in each place) substitute “the National Crime Agency”.
88    (1)
Section 51 (cases in which key required) is amended in accordance with this
40
paragraph.
      (2)
In subsection (2)—

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
106

(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
5
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”.
89
In section 54 (tipping-off), in subsection (3)(a) and (b), for “SOCA” substitute
10
“the National Crime Agency”.
90    (1)
Section 55 (general duties of specified authorities) is amended in accordance
with this paragraph.
      (2)
In subsection (1), for paragraph (ba) substitute—
“(ba)
the Director General of the National Crime Agency;”.
15
      (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.”.
20
91
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.
25
92
In section 58 (co-operation with and reports by section 57 Commissioner), in
subsection (1), omit paragraph (b).
93
In section 65 (the Tribunal), in subsection (6), for paragraph (d) substitute—
“(d)
the National Crime Agency;”.
94
In section 68 (Tribunal procedure), in subsection (7), omit paragraph (b).
30
95    (1)
Section 76A (foreign surveillance operations) is amended in accordance with
this paragraph.
      (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
35
paragraph (b) substitute—
“(b)
a National Crime Agency officer;”.
96
In Schedule 1 (relevant public authorities), in Part 1 (relevant authorities for
purposes of sections 28 and 29), for paragraph 2 substitute—
“2
The National Crime Agency.”.
40
97    (1)
Schedule 2 (persons having the appropriate permission) is amended in
accordance with this paragraph.

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
107

      (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”.
5
      (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
10
officer”.
Freedom of Information Act 2000 (c. 36)
98
The Freedom of Information Act 2000 is amended as follows.
99
In section 23 (information supplied by, or relating to, bodies dealing with
security matters), in subsection (3), after paragraph (m) insert—
15
“(n)
the National Crime Agency.”.
100
In section 84 (interpretation), in the definition of “government
department”—
(a)
omit “or” at the end of paragraph (b);
(b)
after paragraph (b) insert—
20
“(ba)
the National Crime Agency, or”.
101
In Schedule 1 (public authorities), in Part 6 (other public bodies and offices:
general), omit the entry relating to the National Policing Improvement
Agency.
Criminal Justice and Court Services Act 2000 (c. 43)
25
102   (1)
Section 71 of the Criminal Justice and Court Services Act 2000 (access to
driver licensing records) is amended in accordance with this paragraph.
      (2)
In subsection (1)—
(a)
omit “to the National Policing Improvement Agency”;
(b)
for “members of the staff of the Serious Organised Crime Agency”
30
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”;
35
(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”.
40

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
108

Vehicles (Crime) Act 2001 (c. 3)
103
In section 18 of the Vehicles (Crime) Act 2001 (register of registration plate
suppliers), in subsection (7) omit “to the National Policing Improvement
Agency”.
Criminal Justice and Police Act 2001 (c. 16)
5
104
In section 97 of the Criminal Justice and Police Act 2001 (regulations for
police forces), in subsection (4), omit paragraph (a).
Proceeds of Crime Act 2002 (c. 29)
105
The Proceeds of Crime Act 2002 is amended as follows.
106
In section 2A (contribution to the reduction of crime), in subsections (2)(a)
10
and (3)(a), for “SOCA” substitute “the National Crime Agency”.
107   (1)
Section 2B (SOCA and members of SOCA’s staff) is amended in accordance
with this paragraph.
      (2)
For the title substitute “The National Crime Agency and its officers”.
      (3)
Omit subsection (1).
15
      (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).
20
108   (1)
Section 3 (accreditation and training of financial investigators) is amended
in accordance with this paragraph.
      (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
25
(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
30
National Crime Agency or any other person.”.
      (4)
In subsection (7), for “National Policing Improvement Agency” substitute
“National Crime Agency”.
109
In section 41A (restraint orders: power to retain seized property etc), in
subsection (3), for paragraph (d) substitute—
35
“(d)
a National Crime Agency officer,”.
110
In section 55 (sums received by designated officer), in subsection (8), for
paragraph (h) substitute—
“(h)
a National Crime Agency officer,”.
111
In section 72 (serious default in England and Wales), in subsection (9)(ba)—
40

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
109

(a)
for “member of staff of SOCA” substitute “National Crime Agency
officer”;
(b)
for “SOCA” (in the second place) substitute “the National Crime
Agency”.
112
In section 120A (restraint orders: power to retain seized property etc), in
5
subsection (3), for paragraph (c)—
“(c)
a National Crime Agency officer;”.
113
In section 139 (serious default in Scotland), in subsection (9)(ca)—
(a)
for “member of staff of SOCA” substitute “National Crime Agency
officer”;
10
(b)
for “SOCA” (in the second place) substitute “the National Crime
Agency”.
114
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;”.
15
115
In section 203 (sums received by chief clerk), in subsection (8), for paragraph
(h)—
“(h)
a National Crime Agency officer.”.
116
In section 220 (serious default in Northern Ireland), in subsection (9)(ba)—
(a)
for “member of staff of SOCA” substitute “National Crime Agency
20
officer”;
(b)
for “SOCA” (in the second place) substitute “the National Crime
Agency”.
117
In section 316 (general interpretation), in subsection (1), in paragraphs (a)
and (c) of the definition of “enforcement authority”, for “SOCA” substitute
25
“the National Crime Agency”.
118   (1)
Section 317 (SOCA’s general Revenue functions) is amended in accordance
with this paragraph.
      (2)
In the title, for “SOCA’s” substitute “The National Crime Agency’s”.
      (3)
For “SOCA” (in each place) substitute “the National Crime Agency”.
30
119
In section 318 (revenue functions regarding employment), for “SOCA” (in
each place) substitute “the National Crime Agency”.
120
In section 319 (source of income), for “SOCA” (in each place) substitute “the
National Crime Agency”.
121   (1)
Section 321 (SOCA’s functions: transfers of value) is amended in accordance
35
with this paragraph.
      (2)
In the title, for “SOCA’s” substitute “The National Crime Agency’s”.
      (3)
For “SOCA” (in each place) substitute “the National Crime Agency”.
122   (1)
Section 322 (SOCA’s functions: certain settlements) is amended in
accordance with this paragraph.
40
      (2)
In the title, for “SOCA’s” substitute “The National Crime Agency’s”.
      (3)
For “SOCA” (in each place) substitute “the National Crime Agency”.