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
110

123
In section 324 (exercise of Revenue functions), for “SOCA” (in each place)
substitute “the National Crime Agency”.
124   (1)
In section 325 (declarations), in subsection (2)—
(a)
for “member of SOCA’s staff” substitute “National Crime Agency
officer”;
5
(b)
for “any of SOCA’s functions” substitute “any function of the
National Crime Agency”;
(c)
for “Director General of SOCA” substitute “Director General of the
National Crime Agency”.
125
In section 330 (failure to disclose; regulated sector), in subsection (4)(b), for
10
“the Director General of SOCA” substitute “the Director General of the
National Crime Agency”.
126
In section 331 (failure to disclose: nominated officers in the regulated sector),
in subsection (4), for “the Director General of SOCA” substitute “the Director
General of the National Crime Agency”.
15
127
In section 332 (failure to disclose: other nominated officers), in subsection
(4), for “the Director General of SOCA” substitute “the Director General of
the National Crime Agency”.
128
In section 333A (tipping off: regulated sector), in subsection (2)(d), for
“member of staff of the Serious Organised Crime Agency” substitute
20
“National Crime Agency officer”.
129
In section 336 (nominated officer: consent), in subsections (2)(a), (3)(a) and
(4)(a), for “Director General of SOCA” substitute “Director General of the
National Crime Agency”.
130
In section 340 (interpretation), in subsection (13), for “Director General of
25
SOCA” substitute “Director General of the National Crime Agency”.
131
In section 351 (applications for orders: supplementary), in subsection (5), for
“member of SOCA’s staff” (in each place) substitute “National Crime
Agency officer”.
132
In section 352 (search and seizure warrants), in subsection (5)—
30
(a)
in paragraph (b), for “member of SOCA’s staff or” substitute
“National Crime Agency officer or a member”;
(b)
in paragraph (d), for “member of SOCA’s staff” substitute “National
Crime Agency officer”.
133
In section 353 (requirements where production order not available), in
35
subsection (10)—
(a)
in paragraph (b), for “member of SOCA’s staff or” substitute
“National Crime Agency officer or a member”;
(b)
in paragraph (d), for “member of SOCA’s staff” substitute “National
Crime Agency officer”.
40
134
In section 357 (disclosure orders), for “member of SOCA’s staff” (in each
place) substitute “National Crime Agency officer”.
135
In section 362 (supplementary), in subsection (4A), for “member of SOCA’s
staff” (in each place) substitute “National Crime Agency officer”.

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
111

136
In section 369 (supplementary), for “member of SOCA’s staff” (in each place)
substitute “National Crime Agency officer”.
137
In section 375 (supplementary), in subsection (4), for “member of SOCA’s
staff” (in each place) substitute “National Crime Agency officer”.
138
In section 377 (code of practice of Secretary of State etc), in subsection (1), for
5
paragraphs (a) and (b) substitute—
“(a)
the Director General of the National Crime Agency;
(b)
other National Crime Agency officers;”.
139   (1)
Section 378 (officers) is amended in accordance with this paragraph.
      (2)
In subsection (1), for paragraph (a) substitute—
10
“(a)
a National Crime Agency officer;”.
      (3)
In subsection (2), for paragraph (a) substitute—
“(a)
a senior National Crime Agency officer;”.
      (4)
In subsection (3)—
(a)
in paragraph (a), for “member of SOCA’s staff” substitute “National
15
Crime Agency officer”;
(b)
in paragraph (b), for “senior member of SOCA’s staff” substitute
“senior National Crime Agency officer”.
      (5)
In subsection (5), for “Director General of SOCA” substitute “Director
General of the National Crime Agency”.
20
      (6)
In subsection (6A), for “member of SOCA’s staff” substitute “National Crime
Agency officer”.
      (7)
In subsection (8)—
(a)
for “senior member of SOCA’s staff” substitute “senior National
Crime Agency officer”;
25
(b)
in paragraph (a), for “Director General of SOCA” substitute “Director
General of the National Crime Agency”;
(c)
in paragraph (b), for “member of SOCA’s staff” substitute “other
National Crime Agency officer”.
140
In section 416 (other interpretative provisions), in subsection (2), for
30
“member of SOCA’s staff” substitute “National Crime Agency officer”.
141
In section 438 (disclosure of information by certain directors), in subsection
(1)(fa), for “SOCA” substitute “the National Crime Agency”.
142
In section 439 (disclosure of information to Lord Advocate and to Scottish
Ministers), in subsection (5)(b), for “SOCA” substitute “the National Crime
35
Agency”.
143
In section 443 (enforcement in different parts of the United Kingdom), in
subsection (3), for “SOCA” substitute “the National Crime Agency or its
officers”.
144
In section 444 (external requests and orders), in subsection (4), for paragraph
40
(d) substitute—
“(d)
the National Crime Agency;”.

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
112

145
In section 445 (external investigations), for “SOCA” substitute “the National
Crime Agency or its officers”.
146   (1)
In section 449 (SOCA’s staff: pseudonyms) is amended in accordance with
this paragraph.
      (2)
In the title, for “SOCA’s staff” substitute “NCA officers”.
5
      (3)
In subsection (1)—
(a)
in the words before paragraph (a), for “member of SOCA’s staff”
substitute “National Crime Agency officer”;
(b)
in paragraph (a), for “by SOCA to do anything” substitute “to do
anything on behalf of the National Crime Agency”;
10
(c)
in paragraph (b), for “member of SOCA’s staff” substitute “National
Crime Agency officer”.
      (4)
In subsection (2), for “member of the SOCA’s staff” substitute “National
Crime Agency officer”.
      (5)
In subsections (3) (in each place) and (4), for “member of SOCA’s staff”
15
substitute “National Crime Agency officer”.
147
In Schedule 8 (forms of declarations)—
(a)
for “SOCA” (in the first place) substitute “the National Crime
Agency”;
(b)
for “SOCA” (in the second place) substitute “that Agency”;
20
(c)
for “its” substitute “that Agency’s”.
Police Reform Act 2002 (c. 30)
148
In section 9 of the Police Reform Act 2002 (the Independent Police
Complaints Commission), in subsection (3)—
(a)
in paragraph (da), omit “is or”;
25
(b)
in paragraph (db), omit “is or”;
(c)
after paragraph (db) substitute—
“(dc)
the person is, or has been, a National Crime Agency
officer;”.
Sexual Offences Act 2003 (c. 42)
30
149
In section 94 of the Sexual Offences Act 2003 (Part 2: supply of information
to Secretary of State etc for verification), in subsection (3), for paragraphs (b)
and (c) substitute—
“(b)
the Director General of the National Crime Agency.”
Energy Act 2004 (c. 20)
35
150   (1)
Section 59A of the Energy Act 2004 (constables serving with SOCA) is
amended in accordance with this paragraph.
      (2)
In the title, for “Serious Organised Crime Agency” substitute “National
Crime Agency”.
      (3)
In subsection (1)—
40
(a)
for “Serious Organised Crime Agency” (in the first place) substitute
“National Crime Agency”;

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
113

(b)
in paragraph (a), for “Serious Organised Crime Agency” substitute
“Director General of the National Crime Agency”.
      (4)
In subsection (2), for “Serious Organised Crime Agency” substitute
“Director General of the National Crime Agency”.
Commissioners for Revenue and Customs Act 2005 (c. 11)
5
151
In section 20 of the Commissioners for Revenue and Customs Act 2005, in
section 20 (public interest disclosure), in subsection (7)(a), for “national
Policing Improvement Agency” substitute “Secretary of State”.
Serious Organised Crime and Police Act 2005 (c. 15)
152
The Serious Organised Crime and Police Act 2005 is amended as follows.
10
153
Omit Part 1 (the Serious Organised Crime Agency).
154
In section 62 (disclosure notices), in subsection (2), for paragraph (b)
substitute—
“(b)
a National Crime Agency officer who is for the time being
designated under section 8 or 9 of the Crime and Courts Act
15
2013, or”.
155
In section 82 (protection of persons involved in investigations or
proceedings), in subsection (5), for paragraph (d) substitute—
“(d)
the Director General of the National Crime Agency;”.
156   (1)
Section 153 (disclosure of information about insurance status of vehicles) is
20
amended in accordance with this paragraph.
      (2)
In subsection (1), for “NPIA for it to process” substitute “the Secretary of
State for processing”.
      (3)
In subsection (3)(a) and (b), for “NPIA” substitute “the Secretary of State”.
      (4)
In subsection (4), omit the definition of “NPIA”.
25
157   (1)
Section 172 (orders and regulations) is amended in accordance with this
paragraph.
      (2)
In subsection (4), omit “1(3),”.
      (3)
In subsection (5), omit paragraphs (a) and (b).
      (4)
In subsection (8), omit paragraph (a).
30
      (5)
In subsection (13), omit paragraph (a).
158
In section 175 (penalties for offences: transitional modification for England
and Wales), in subsection (3), in the table—
(a)
omit the two entries relating to section 51;
(b)
omit the two entries relating to section 57.
35
159
In section 177 (interpretation), omit subsection (1).
160
In Schedule 5 (persons specified for the purposes of section 82: protection of
persons involved in investigations or proceedings), after paragraph 17

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
114

insert—
“17A
A person who is or has been a National Crime Agency officer.”.
Gambling Act 2005 (c. 19)
161
In the Gambling Act 2005, in Part 2 of Schedule 6 (exchange of information:
enforcement and regulatory bodies)—
5
(a)
after the entry for the Horserace Betting Levy Board insert—

“The National Crime Agency”;
(b)
omit the entry relating to the Serious Organised Crime Agency.
Police and Justice Act 2006 (c. 48)
162
The Police and Justice Act 2006 is amended as follows.
10
163
Omit section 1 (National Policing Improvement Agency).
164
In section 13 (supply of information to police etc by Registrar General), in
subsection (1)(c), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.
165
Omit Schedule 1 (National Policing Improvement Agency).
15
Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)
166
The Police, Public Order and Criminal Justice (Scotland) Act 2006 is
amended as follows.
167
In Schedule 4 (the Police Complaints Commissioner for Scotland), in
paragraph 2(1) (disqualification for appointment as Commissioner)—
20
(a)
in sub-paragraph (h)(ii), omit “or”;
(b)
in sub-paragraph (i)—
(i)
omit “is or”;
(ii)
at the end insert “or”;
(c)
after sub-paragraph (i) insert—
25
“(j)
is or has been a National Crime Agency officer.”.
Proceeds of Crime (Northern Ireland) Order 2006 (S.I. 1996/1299 (N.I. 9))
168
The Proceeds of Crime (Northern Ireland) Order 2006 is amended as
follows.
169   (1)
Article 49 (additional investigation powers) is amended in accordance with
30
this paragraph.
      (2)
In paragraph (1A), for “a senior member of staff of the Serious Organised
Crime Agency” substitute “a senior National Crime Agency officer”.
      (3)
In paragraph (1B), for “a member of staff of the Serious Organised Crime
Agency” substitute “a National Crime Agency officer”.
35
      (4)
In paragraph (5), in the definition of “senior member of staff of the Serious
Organised Crime Agency”—
(a)
for “a senior member of staff of the Serious Organised Crime
Agency” substitute “a senior National Crime Agency officer”;

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
115

(b)
in paragraph (a), for “Serious Organised Crime Agency” substitute
“National Crime Agency”;
(c)
in paragraph (b), for “any member of staff of the Agency” substitute
“any National Crime Agency officer”.
170
In Schedule 2 (financial investigations), in paragraph 3A(4)(a), for “member
5
of staff of the Serious Organised Crime Agency” substitute “National Crime
Agency officer”.
Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
171
The Corporate Manslaughter and Corporate Homicide Act 2007 is amended
as follows.
10
172
In section 13 (application to police forces), in subsection (3)(g), for the words
from “seconded” to “treated” substitute “seconded to the National Crime
Agency to serve as a National Crime Agency officer is to be treated”.
173
In Schedule 1 (list of Government Departments etc), after the entry relating
to the National Archives of Scotland insert—
15

“National Crime Agency”.
Serious Crime Act 2007 (c. 27)
174
The Serious Crime Act 2007 is amended as follows.
175
In section 5 (type of provision that may be made by orders), in subsection (7),
for paragraph (b) of the definition of “a law enforcement officer”,
20
substitute—
“(b)
a National Crime Agency officer who is for the time being
designated under section 8 or 9 of the Crime and Courts Act
2013;”.
176
In section 39 (compliance with orders: authorised monitors), in subsection
25
(10), for paragraph (b) of the definition of “law enforcement officer”,
substitute—
“(b)
a National Crime Agency officer who is for the time being
designated under section 8 or 9 of the Crime and Courts Act
2013;”.
30
Crime and Security Act 2010 (c. 17)
177
In section 31 of the Crime and Security Act 2010 (guidance), in subsection
(3)—
(a)
at the end of paragraph (a) insert “and”;
(b)
omit paragraph (b).
35
Equality Act 2010 (c. 15)
178
The Equality Act 2010 is amended as follows.
179
In section 42 (identity of employer), in subsections (4) and (5), for “SOCA”
substitute “NCA”.

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 3 — Further consequential amendments and repeals
116

180
In section 43 (interpretation), for subsection (5) substitute—
“(5)
“NCA” means the National Crime Agency; and a reference to a
constable at NCA is a reference to a constable seconded to it to serve
as an NCA officer.”
181
In Schedule 19 (public authorities), in Part 1 (general), omit “The Serious
5
Organised Crime Agency.”
Police Reform and Social Responsibility Act 2011 (c.13)
182
In section 65 of the Police Reform and Social Responsibility Act 2011
(disqualification from election or holding office as police and crime
commissioner: police grounds), omit subsection (1)(h)(v).
10
Protection of Freedoms Act 2012
183
In section 95 of the Protection of Freedoms Act 2012 (effect on police and
other records of disregard of conviction or caution), in subsection (5), in the
definition of the names database, for “National Policing Improvement
Agency” substitute “Secretary of State”.
15
Part 3
Further consequential amendments and repeals
References to SOCA
184
In the following enactments, for “Serious Organised Crime Agency”
substitute “National Crime Agency” (and, where that expression appears in
20
more than one place in such an enactment, that substitution is made in each
such place)—

Aviation Security Act 1982
Section 24AE(4)(f) (aerodrome security

plans)

Section 24AG(2)(e) (security executive

25

groups)

Section 24AI(2)(c) (objections to proposals

by security executive groups)

Police and Criminal Evidence
Section 63A(1A)(b) (fingerprints and

Act 1984
samples: supplementary provision)

30

Dartford-Thurrock Crossing
Section 19(a)(ia) (exemption from tolls)

Act 1988

Criminal Appeal Act 1995
Section 22(4)(aa) (meaning of public body

etc)

Domestic Violence, Crime and
In Schedule 9 (authorities within

35

Victims Act 2004
Commissioner’s remit), paragraph 13

Commissioners for Revenue
Section 40(2)(ca)(ii) (confidentiality)

and Customs Act 2005