|
| |
|
(2) | The Secretary of State must lay a copy of the annual report before |
| |
| |
(3) | The Scottish Ministers must lay a copy of the annual report before the |
| |
| |
(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. |
| |
| 10 |
| |
Relationships between NCA and other agencies |
| |
| |
| |
| |
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 |
| |
| |
| |
(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 |
| |
| |
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 |
| |
| |
|
| |
|
| |
|
| |
| |
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 |
| |
(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 |
| |
| 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 |
| |
|
| |
|
| |
|
1987 (information which the Director of the SFO may require a person to |
| |
| |
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” |
| |
| |
(a) | “specified body” means a body specified in the first column of this |
| |
| 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. |
| |
| | | | | | | Functions relating to immigration, |
| | 20 | | | | | | | The Director of Border Revenue. |
| | | | | The Director of the Serious Fraud |
| Investigatory functions (but not any |
| | | | | | | |
|
| 25 |
| |
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— |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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— |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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; |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| 15 |
| |
(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 |
| |
| |
(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. |
| |
| |
“direction” means a direction under any provision of this Part of this |
| |
| 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— |
| |
| 40 |
| |
(c) | a member of the staff of a law enforcement agency. |
| |
|
| |
|
| |
|
| |
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 |
| |
| |
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 |
| |
| |
(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 |
| |
“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 |
| |
| 35 |
“immigration facilities” means facilities provided in connection with |
| |
| |
(a) | functions of the Secretary of State relating to immigration, |
| |
asylum or nationality, or |
| |
(b) | functions of an immigration officer; |
| 40 |
| |
(a) | the Secretary of State, or |
| |
|
| |
|