Crime and Courts Bill [HL]

Session 2012 - 13
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Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 1 — The NCA & NCA officers
Part 1 — The NCA
45

Schedules
Schedule 1
Section 1

The NCA & NCA officers
Part 1
The NCA
5
Functions exercisable on behalf of Crown
1
NCA functions are exercisable on behalf of the Crown.
Efficiency and effectiveness
2
It is the duty of the Director General to secure that NCA functions are
discharged efficiently and effectively.
10
Financial year
3     (1)
The first financial year of the NCA is the period that—
(a)
begins with the day on which section 1 comes into force, and
(b)
ends with the following 31 March.
      (2)
After that, the financial year of the NCA is the period of 12 months ending
15
with 31 March.
Charging
4     (1)
The NCA may charge a person for any service provided at the person’s
request.
      (2)
This paragraph has effect subject to Part 5 of Schedule 3 (payment for tasks,
20
assistance or facilities).
      (3)
In this paragraph “service” means a service of any kind (including the
provision of facilities) which is provided by means of the exercise of any
NCA function.
Activities not limited to dealing with serious or organised crime
25
5     (1)
For the purposes of the discharge of NCA functions which relate to
organised crime or serious crime, an NCA officer may, in particular, carry
on activities in relation to any kind of crime (whether or not serious or
organised).

Crime and Courts Bill [HL]
Schedule 1 — The NCA & NCA officers
Part 2 — NCA officers
46

      (2)
In circumstances in which an NCA officer reasonably suspects that an
offence is about to be, or is being, committed, that officer is not prevented
from exercising powers merely because the offence does not relate to
organised crime or serious crime.
Activities in Scotland
5
6     (1)
An NCA officer may only carry out activities in Scotland in relation to an
offence which an NCA officer suspects has been committed (or is being
committed) if the NCA officer does so with the agreement of the Lord
Advocate.
      (2)
In carrying out such activities in Scotland, an NCA officer must comply with
10
any direction (whether general or specific) given by the Lord Advocate or
the procurator fiscal.
      (3)
If an NCA officer suspects that an offence has been committed (or is being
committed) in Scotland, the NCA officer must report the matter to the
procurator fiscal (or ensure that the matter is so reported by another NCA
15
officer) as soon as is practicable.
Part 2
NCA officers
Selection and appointment of the Director General
7     (1)
The Secretary of State is to select and appoint the Director General, after
20
consultation with—
(a)
the Scottish Ministers, and
(b)
the Department of Justice in Northern Ireland.
      (2)
A person may not be appointed as Director General unless the Secretary of
State is satisfied that the person—
25
(a)
is capable of effectively exercising operational powers; and
(b)
is a suitable person to exercise operational powers.
      (3)
A person need not be an NCA officer before appointment as the Director
General.
      (4)
The Director General is to hold and vacate office in accordance with the
30
terms and conditions of the appointment (subject to paragraph 8).
      (5)
The terms and conditions of an appointment as Director General are to be
determined by the Secretary of State.
      (6)
The terms and conditions of an appointment as Director General must
provide for that appointment to last for a period which does not exceed 5
35
years; and a person who has previously been, or currently is, Director
General may be appointed again as Director General.
      (7)
Sections 10 to 14 of the Constitutional Reform and Governance Act 2010
(appointments of civil servants) do not apply to the appointment of the
Director General.
40

Crime and Courts Bill [HL]
Schedule 1 — The NCA & NCA officers
Part 2 — NCA officers
47

Resignation or retirement of the Director General at request of Secretary of State
8     (1)
The Secretary of State may call upon the Director General to resign or
retire—
(a)
in the interests of efficiency or effectiveness, or
(b)
because of misconduct by the Director General.
5
      (2)
The Secretary of State must comply with sub-paragraphs (3) and (4) before
calling upon the Director General to resign or retire.
      (3)
The Secretary of State must consult—
(a)
the Scottish Ministers, and
(b)
the Department of Justice in Northern Ireland.
10
      (4)
The Secretary of State must—
(a)
give the Director General a written explanation of the reasons why
the Secretary of State is proposing to call for the resignation or
retirement;
(b)
give the Director General the opportunity to make written
15
representations about the proposal to call for the resignation or
retirement; and
(c)
consider any written representations made by the Director General.
      (5)
The Director General must resign or retire if called upon to do so in
accordance with this paragraph.
20
Selection of other NCA officers for appointment
9     (1)
The Director General is to select other persons for appointment as National
Crime Agency officers.
      (2)
The terms and conditions of an appointment as an NCA officer (other than
as Director General) are to be determined by the Director General with the
25
agreement of the Minister for the Civil Service.
      (3)
This paragraph does not apply to NCA specials.
Delegation of Director General’s functions
10    (1)
The Director General may arrange for any function of the Director General
to be exercised by a senior NCA officer who is designated for the purpose by
30
the Director General.
      (2)
A designation under this paragraph may provide for a function to be
exercised by—
(a)
one or more senior NCA officers specified in the designation, or
(b)
one or more senior NCA officers of a description specified in the
35
designation.
      (3)
The Director General’s powers of direction under section 4(5) and
paragraph 11 of Schedule 3 may not be delegated under this paragraph.
      (4)
But those powers of direction may, in the absence of the Director General for
any reason, be exercised by a senior NCA officer nominated for this purpose
40
by the Director General.

Crime and Courts Bill [HL]
Schedule 1 — The NCA & NCA officers
Part 2 — NCA officers
48

      (5)
In this paragraph “senior NCA officer” means an NCA officer who is at, or
above, a grade specified for this purpose by the Secretary of State in the
framework document.
Continuity
11    (1)
Anything done by or in relation to the Director General may be continued
5
by or in relation to the Director General regardless of which individual holds
that office at any time.
      (2)
Anything done by or in relation to one NCA officer (except the Director
General) may be continued by or in relation to any other such NCA officer.
Persons with operational powers who become NCA officers
10
12    (1)
If a person holds a relevant office when the person becomes an NCA officer
(the “existing office”), the person’s holding of the existing office—
(a)
is suspended from the time when the person becomes an NCA
officer;
(b)
but is revived if the person—
15
(i)
ceases to be an NCA officer, and
(ii)
returns to service as holder of the existing office.
      (2)
Sub-paragraph (1) ceases to apply to a person who resigns from, or
otherwise ceases to hold, the other office.
      (3)
In this paragraph “relevant office”, in relation to a person who is an NCA
20
officer, means any other office by virtue of which that person has operational
powers (such as the office of constable, officer of Revenue and Customs, or
immigration officer), apart from the office of special constable or constable
in the Police Service of Northern Ireland Reserve.
Secondments to NCA
25
13    (1)
The Director General may make arrangements for persons to be seconded to
the NCA to serve as National Crime Agency officers.
      (2)
A member of a police force on temporary service with the NCA is to be
under the direction and control of the Director General.
      (3)
Paragraph 12(1) does not apply to a member of a special police force who is
30
an NCA officer by virtue of a secondment.
Secondments by NCA
14    (1)
The Director General may make arrangements for NCA officers to be
seconded to a UK police force.
      (2)
An NCA officer who is seconded to a UK police force is, whilst on
35
secondment, under the direction and control of the chief officer of the police
force (but is not a member of the police force).

Crime and Courts Bill [HL]
Schedule 1 — The NCA & NCA officers
Part 2 — NCA officers
49

NCA specials
15    (1)
The Director General may select and appoint persons as National Crime
Agency officers on a part-time unpaid basis (and such persons are referred
to in this Part of this Act as “NCA specials”).
      (2)
The terms and conditions of an appointment as an NCA special are to be
5
determined by the Director General.
      (3)
Sub-paragraph (1) does not prevent NCA specials from working otherwise
than on a part-time basis if the Director General considers that it is
appropriate for them to do so because of exceptional circumstances.
      (4)
Sub-paragraph (1) does not prevent provision being made for—
10
(a)
the reimbursement of the expenses of NCA specials,
(b)
the subsistence, accommodation or training of NCA specials, and
(c)
the payment of sums to, or in respect of, current or former NCA
specials to compensate for loss attributable to injury or death
resulting from the performance of duties as NCA specials.
15
      (5)
The Director General—
(a)
may designate an NCA special under section 9 as a person having
the powers and privileges of a constable; but
(b)
may not so designate an NCA special as a person having the powers
of an officer of Revenue and Customs or the powers of an
20
immigration officer.
      (6)
If an NCA special is designated as a person having the powers and
privileges of a constable, paragraph 11(1)(b) to (d) of Schedule 5 (powers and
privileges in Scotland, Northern Ireland and outside the UK) do not apply
in relation to the NCA special.
25
      (7)
The Director General may not—
(a)
under paragraph 10, arrange for any function to be exercised by an
NCA special or nominate an NCA special to exercise a power of
direction;
(b)
provide an NCA special by way of assistance under Part 3 of
30
Schedule 3 (whether in response to a request or a direction).
      (8)
The Secretary of State may not appoint an NCA special to be a member of an
advisory panel under paragraph 4 of Schedule 5 to make recommendations
about the operational powers of the Director General.
      (9)
The no-strike provisions in section 12 do not apply in relation to NCA
35
specials.
     (10)
No determination under regulations under section 13 may be made in
relation to the pay and allowances and other terms and conditions of
employment of NCA specials.
     (11)
If a person is both—
40
(a)
an NCA special designated as a person having the powers and
privileges of a constable, and
(b)
a special constable or a member of the Police Service of Northern
Ireland Reserve,

none of the operational powers which the person has as an NCA special are
45
exercisable at any time when the person is exercising any power or privilege

Crime and Courts Bill [HL]
Schedule 2 — The framework document & annual report
Part 1 — The framework document
50

which the person has as a special constable or as a member of the Police
Service of Northern Ireland Reserve.
     (12)
A person is not a civil servant by virtue of being an NCA special.
Schedule 2
Section 3

The framework document & annual report
5
Part 1
The framework document
The document
1     (1)
The framework document is a document which deals with ways in which
the NCA is to operate, including—
10
(a)
ways in which NCA functions are to be exercised (including
arrangements for publishing information about the exercise of NCA
functions and other matters relating to the NCA), and
(b)
ways in which the NCA is to be administered (including governance
and finances of the NCA).
15
      (2)
Section 5(2) makes further provision about what may be included in the
framework document.
Duty to issue document
2
The Secretary of State must—
(a)
issue the framework document;
20
(b)
keep the framework document under review; and
(c)
if the Secretary of State considers it appropriate, issue a new
framework document (which may be wholly or partly different from
the existing framework document).
Duty to have regard to document
25
3
The Secretary of State must have regard to the framework document in
exercising functions in relation to the NCA, the Director General or any
other NCA officer.
Role of Director General
4     (1)
The Secretary of State must—
30
(a)
consult the Director General in preparing any framework document;
and
(b)
obtain the consent of the Director General before issuing any
framework document.
      (2)
The Director General’s duty to have regard to the annual plan in exercising
35
functions does not apply in relation to functions under sub-paragraph (1).

Crime and Courts Bill [HL]
Schedule 2 — The framework document & annual report
Part 2 — The annual report
51

Consultation with devolved administrations
5
The Secretary of State must consult—
(a)
the Scottish Ministers, and
(b)
the Department of Justice in Northern Ireland,

before issuing the first framework document or any other framework
5
document which is, in the Secretary of State’s view, significantly different
from the framework document it replaces.
Publication & distribution
6     (1)
This paragraph applies on each occasion when the Secretary of State issues
a framework document.
10
      (2)
The Secretary of State must—
(a)
arrange for the framework document to be published in the manner
which the Secretary of State considers appropriate,
(b)
send a copy of the framework document to—
(i)
the Scottish Ministers, and
15
(ii)
the Department of Justice in Northern Ireland, and
(c)
lay the framework document before Parliament.
      (3)
The Scottish Ministers must lay a copy of the framework document before
the Scottish Parliament.
      (4)
The Department of Justice in Northern Ireland must lay a copy of the
20
framework document before the Northern Ireland Assembly.
      (5)
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the
purposes of sub-paragraph (4) as it applies in relation to the laying of a
statutory document under an enactment.
Part 2
25
The annual report
Duty to issue report
7     (1)
As soon as possible after the end of each financial year, the Director General
must issue a report on the exercise of the NCA functions during that year
(the “annual report”).
30
      (2)
The annual report relating to a financial year must include an assessment of
the extent to which the annual plan for that year has been carried out.
Publication & distribution
8     (1)
The Director General must—
(a)
arrange for the annual report to be published in the manner which
35
the Director General considers appropriate, and
(b)
send a copy of the annual report to—
(i)
the strategic partners, and
(ii)
the Secretary of State.