Session 2012 - 13
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Crime and Courts Bill [HL]


Crime and Courts Bill [HL]
Schedule 3 — Relationships between NCA and other agencies
Part 1 — Co-operation

52

 

      (2)  

The Secretary of State must lay a copy of the annual report before

Parliament.

      (3)  

The Scottish Ministers must lay a copy of the annual report before the

Scottish Parliament.

      (4)  

The Department of Justice in Northern Ireland must lay a copy of the annual

5

report 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.

Schedule 3

10

Section 4

 

Relationships between NCA and other agencies

Part 1

Co-operation

Duty to co-operate

1     (1)  

It is the duty of NCA officers to co-operate with the persons listed in sub-

15

paragraph (3) for the purpose of assisting those persons in their activities to

combat crime.

      (2)  

It is the duty of—

(a)   

the persons listed in sub-paragraph (3),

(b)   

members of Her Majesty’s armed forces, and

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(c)   

members of Her Majesty’s coastguard,

           

to co-operate with NCA officers for the purpose of assisting NCA officers in

the discharge of any NCA function.

      (3)  

The persons mentioned in sub-paragraphs (1) and (2)(a) are—

(a)   

constables in UK police forces;

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(b)   

officers of Revenue and Customs;

(c)   

immigration officers;

(d)   

designated customs officials (within the meaning of Part 1 of the

Borders, Citizenship and Immigration Act 2009);

(e)   

members of the Serious Fraud Office;

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(f)   

any other persons operating in England, Scotland, Northern Ireland

or Wales charged with the duty of investigating organised crime or

serious crime.

Co-operation arrangements

2          

For the purposes of the discharge of any function of the NCA, the NCA may

35

enter into arrangements for co-operating with other persons (in the United

Kingdom or elsewhere).

 
 

Crime and Courts Bill [HL]
Schedule 3 — Relationships between NCA and other agencies
Part 2 — Exchange of information

53

 

Part 2

Exchange of information

Duty to keep NCA informed & disclose information: police forces

3     (1)  

The chief officers of each UK police force must keep the Director General

informed of any information held by that police force which appears to the

5

chief officer to be relevant to the exercise by the NCA of—

(a)   

the crime-reduction function,

(b)   

the criminal intelligence function, or

(c)   

functions conferred by the Proceeds of Crime Act 2002.

      (2)  

Where the chief officer of such a police force informs the Director General of

10

such information, the chief officer must disclose to the NCA any of that

information which the Director General requests the chief officer to disclose.

      (3)  

This paragraph does not require the chief officer of a police force to keep the

Director General informed of information which appears to the chief officer

to be information obtained (whether directly or indirectly) from the NCA.

15

Duty to keep police forces informed

4     (1)  

The Director General must keep the chief officers of each UK police force

informed of any information obtained by the NCA in the exercise of any

NCA function which appears to the Director General to be relevant to the

exercise by that chief officer or any other member of that police force of any

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functions.

      (2)  

This paragraph does not require the Director General to keep the chief

officer of a police force informed of information which appears to the

Director General to be information obtained (whether directly or indirectly)

from that chief officer or any other member of that police force.

25

Duty to keep NCA informed: government bodies

5     (1)  

Each specified body must keep the Director General informed of any

information held by that body which—

(a)   

is held in connection with the exercise of a relevant function of that

body, and

30

(b)   

appears to that body to be relevant to the exercise by the NCA of—

(i)   

the crime-reduction function,

(ii)   

the criminal intelligence function, or

(iii)   

functions conferred by the Proceeds of Crime Act 2002.

      (2)  

Where a specified body informs the Director General of such information,

35

that body must disclose to the NCA any of that information which the

Director General requests that body to disclose.

      (3)  

This paragraph does not require a specified body to keep the Director

General informed of information which appears to that body to be

information obtained (whether directly or indirectly) from the NCA.

40

      (4)  

This paragraph does not require the Director of the Serious Fraud Office to

keep the Director General informed of, or to disclose to the NCA, any

information obtained under section 2(2) or (3) of the Criminal Justice Act

 
 

Crime and Courts Bill [HL]
Schedule 3 — Relationships between NCA and other agencies
Part 3 — Assistance within the UK

54

 

1987 (information which the Director of the SFO may require a person to

produce etc).

Duty to keep government bodies informed

6     (1)  

The Director General must keep each specified body informed of any

information obtained by the NCA in the exercise of any NCA function which

5

appears to the Director General to be relevant to the exercise by that

specified body of any relevant function for the purposes of carrying out

activities to combat crime.

      (2)  

This paragraph does not require the Director General to keep a specified

body informed of information which appears to the Director General to be

10

information obtained (whether directly or indirectly) from that body.

Meaning of “specified body” & “relevant function”

7          

In paragraphs 5 and 6—

(a)   

“specified body” means a body specified in the first column of this

table;

15

(b)   

“relevant function”, in relation to such a body, means a function that

falls within the functions specified in relation to that body in the

second column of this table.

 

Specified bodies

Relevant functions

 
 

The Secretary of State.

Functions relating to immigration,

 

20

  

nationality or customs.

 
 

The Director of Border Revenue.

All functions.

 
 

The Director of the Serious Fraud

Investigatory functions (but not any

 
 

Office.

prosecution functions).

 

Part 3

25

Assistance within the UK

Voluntary assistance by NCA: the UK, the Channel Islands & the Isle of Man

8     (1)  

The Director General may provide assistance to—

(a)   

a UK police force, or

(b)   

an Island police force;

30

           

if the chief officer of the police force requests assistance to be provided.

      (2)  

The Director General may provide assistance to—

(a)   

a UK law enforcement agency, or

(b)   

an Island law enforcement agency,

           

if the agency requests assistance to be provided.

35

      (3)  

A request may be made under this paragraph only if the chief officer, or

agency, considers that the police force, or agency, has a special need for the

Director General to provide assistance.

      (4)  

A request under this paragraph must—

 
 

Crime and Courts Bill [HL]
Schedule 3 — Relationships between NCA and other agencies
Part 3 — Assistance within the UK

55

 

(a)   

state the special need for assistance, and

(b)   

specify the assistance that is wanted.

      (5)  

If a request is made under this paragraph, the Director General may provide

such assistance as the Director General considers appropriate in all the

circumstances.

5

Voluntary assistance to NCA: the UK

9     (1)  

The chief officer of a UK police force may provide assistance to the NCA if

the Director General requests assistance to be provided.

      (2)  

A UK law enforcement agency may provide assistance to the NCA if the

Director General requests assistance to be provided.

10

      (3)  

A request may be made under this paragraph only if the Director General

considers that the NCA has a special need for the chief officer, or agency, to

provide assistance.

      (4)  

A request under this paragraph must—

(a)   

state the special need for assistance, and

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(b)   

specify the assistance that is wanted.

      (5)  

If a request is made under this paragraph, a chief officer, or law enforcement

agency, may provide such assistance as the chief officer, or agency,

considers appropriate in all the circumstances.

Directed assistance by NCA: England and Wales police etc

20

10    (1)  

The Secretary of State may direct the Director General to provide specified

assistance to—

(a)   

an England and Wales police force,

(b)   

a special police force,

(c)   

the Commissioners for Her Majesty’s Revenue and Customs;

25

(d)   

the Director of the Serious Fraud Office;

(e)   

the Director of Border Revenue;

(f)   

any other person operating—

(i)   

in England, or

(ii)   

in England and in Scotland, Northern Ireland or Wales (or

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two or more of those parts of the United Kingdom),

   

charged with the duty of investigating or prosecuting offences (apart

from a UK police force).

      (2)  

A direction may be given under this paragraph only if it appears to the

Secretary of State that it is appropriate for the police force or other persons

35

or person to receive directed assistance from the Director General.

Directed assistance to NCA: England and Wales police etc

11    (1)  

The Director General may direct any of the following to provide specified

assistance to the NCA—

(a)   

the chief officer of an England and Wales police force;

40

(b)   

the Chief Constable of the British Transport Police;

(c)   

the Commissioners for Her Majesty’s Revenue and Customs;

 
 

Crime and Courts Bill [HL]
Schedule 3 — Relationships between NCA and other agencies
Part 3 — Assistance within the UK

56

 

(d)   

the Director of the Serious Fraud Office;

(e)   

the Director of Border Revenue.

      (2)  

A direction may be given under this paragraph only if—

(a)   

it appears to the Director General that it is appropriate for the NCA

to receive directed assistance from the chief officer of the police force

5

or from the other persons or person; and

(b)   

the appropriate consent is given to the direction.

      (3)  

For that purpose “appropriate consent” means—

(a)   

the consent of the Secretary of State (in the case of a direction to the

chief officer of an England and Wales police force or a direction to the

10

Chief Constable of the British Transport Police);

(b)   

the consent of the Secretary of State and the consent of the Treasury

(in the case of a direction to the Commissioners or the Director of

Border Revenue);

(c)   

the consent of the Secretary of State and the consent of the Attorney

15

General (in the case of a direction to the Director of the Serious Fraud

Office).

Directed assistance by NCA: Scotland

12    (1)  

The Scottish Ministers may direct the Director General to provide specified

assistance to the Police Service of Scotland.

20

      (2)  

A direction may be given under this paragraph only if—

(a)   

it appears to the Scottish Ministers that it is appropriate for the Police

Service to receive directed assistance from the Director General; and

(b)   

the Secretary of State consents to the direction.

Directed assistance to NCA: Scotland

25

13         

The Scottish Ministers may direct the chief constable of the Police Service of

Scotland to provide specified assistance to the NCA if it appears to the

Scottish Ministers that it is appropriate for the NCA to receive directed

assistance from the chief constable.

Directed assistance by NCA: Northern Ireland

30

14    (1)  

The Department of Justice in Northern Ireland may direct the Director

General to provide specified assistance to the Police Service of Northern

Ireland.

      (2)  

A direction may be given under this paragraph only if—

(a)   

it appears to the Department of Justice that it is appropriate for the

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Police Service to receive directed assistance from the Director

General; and

(b)   

the Secretary of State consents to the direction.

Directed assistance to NCA: Northern Ireland

15    (1)  

The Department of Justice in Northern Ireland may direct the Chief

40

Constable of the Police Service of Northern Ireland to provide specified

assistance to the NCA if it appears to the Department that it is appropriate

for the NCA to receive directed assistance from the Chief Constable.

 
 

Crime and Courts Bill [HL]
Schedule 3 — Relationships between NCA and other agencies
Part 3 — Assistance within the UK

57

 

      (2)  

Before giving such a direction, the Department of Justice must consult—

(a)   

the Northern Ireland Policing Board, and

(b)   

any other persons the Department considers it appropriate to

consult.

When is it appropriate for a person to receive directed assistance?

5

16         

For the purposes of this Part of this Schedule, it is appropriate for a person

(“R”) to receive directed assistance from another person (“P”) if—

(a)   

R has a special need for assistance from P,

(b)   

it is expedient for P to provide the assistance, and

(c)   

satisfactory arrangements for P to provide assistance to R cannot be

10

made, or cannot be made in time, under paragraph 8 or 9.

Voluntary or directed assistance: particular assistance that may be provided

17    (1)  

A person may provide any of the following in response to a request for

assistance, and a direction may require the provision of any of the

following—

15

(a)   

equipment;

(b)   

NCA officers (if assistance is to be provided by the Director General);

(c)   

constables (if assistance is to be provided by the chief officer of a

police force);

(d)   

members of staff of a UK law enforcement agency (if assistance is to

20

be provided by such an agency).

      (2)  

That does not limit the kinds of assistance that may be provided or required.

      (3)  

In this paragraph—

“direction” means a direction under any provision of this Part of this

Schedule;

25

“request for assistance” means such a request under any provision of

this Part of this Schedule.

Voluntary or directed assistance: control of individuals provided for assistance

18    (1)  

An individual who is provided under this Part of this Schedule—

(a)   

to assist the NCA is, whilst so provided, under the direction and

30

control of the Director General;

(b)   

to assist a UK police force is, whilst so provided, under the direction

and control of the chief officer of the police force;

(c)   

to assist a UK law enforcement agency is, whilst so provided, under

the direction and control of the agency.

35

      (2)  

That rule applies despite anything contained in—

(a)   

any other enactment, or

(b)   

any agreement made under any other enactment.

      (3)  

In this paragraph “individual” includes—

(a)   

an NCA officer;

40

(b)   

a constable;

(c)   

a member of the staff of a law enforcement agency.

 
 

Crime and Courts Bill [HL]
Schedule 3 — Relationships between NCA and other agencies
Part 4 — Use of police facilities etc by NCA

58

 

Part 4

Use of police facilities etc by NCA

Voluntary arrangements: police forces outside London

19    (1)  

The Director General and a relevant body (or both those bodies) may make

arrangements for the NCA to use facilities made available by the police force

5

maintained for a police area listed in Schedule 1 to the Police Act 1996 (police

areas in England and Wales outside London).

      (2)  

In this paragraph “relevant body”, in relation to the police force maintained

for a police area, means—

(a)   

the police and crime commissioner for that police area, or

10

(b)   

the chief constable of that police force.

Voluntary arrangements: the metropolitan police force

20    (1)  

The Director General and a relevant metropolitan body (or both those

bodies) may make arrangements for the NCA to use facilities made available

by the metropolitan police force.

15

      (2)  

In this paragraph “relevant metropolitan body” means—

(a)   

the Mayor’s Office for Policing and Crime, or

(b)   

the Commissioner of Police of the Metropolis.

Voluntary arrangements: the City of London police force

21         

The Director General and the Common Council of the City of London (in its

20

capacity as police authority for the City of London police area) may make

arrangements for the NCA to use facilities made available by the City of

London police force.

Voluntary arrangements: immigration or customs facilities

22    (1)  

The Director General and the Secretary of State may make arrangements for

25

the NCA to use immigration facilities made available by the Secretary of

State.

      (2)  

The Director General and a relevant person (or both those persons) may

make arrangements for the NCA to use customs premises made available by

the relevant person (or both those persons).

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      (3)  

In this paragraph—

“customs premises” means premises wholly or partly occupied by

persons designated under section 3 (general customs officials) or

section 11 (customs revenue officials) of the Borders, Citizenship and

Immigration Act 2009;

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“immigration facilities” means facilities provided in connection with

the exercise of—

(a)   

functions of the Secretary of State relating to immigration,

asylum or nationality, or

(b)   

functions of an immigration officer;

40

“relevant person” means—

(a)   

the Secretary of State, or

 
 

 
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Revised 20 December 2012