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 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
20
(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;
25
(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;
30
(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
20
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
15
(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
30
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
35
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).
30
      (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;
35
“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