|
| |
|
(b) | the Director of Border Revenue. |
| |
Directed arrangements: England and Wales police forces |
| |
23 (1) | If it appears to the Secretary of State that— |
| |
(a) | it is expedient for relevant parties to make arrangements under |
| |
paragraph 19, 20 or 21, and |
| 5 |
(b) | satisfactory arrangements cannot be made, or cannot be made in |
| |
time, under that paragraph, |
| |
| the Secretary of State may direct those relevant parties to make specified |
| |
arrangements under that paragraph. |
| |
(2) | In this paragraph “relevant parties”, in relation to arrangements under |
| 10 |
paragraph 19, 20 or 21, means— |
| |
(a) | the Director General, and |
| |
(b) | any other person or persons who may make arrangements under |
| |
| |
Voluntary arrangements: Police Service of Northern Ireland |
| 15 |
24 | The Director General may make arrangements with the Northern Ireland |
| |
Policing Board for the NCA to use facilities made available by the Police |
| |
Service of Northern Ireland. |
| |
Directed arrangements: Police Service of Northern Ireland |
| |
25 | If it appears to the Department of Justice in Northern Ireland— |
| 20 |
(a) | that it is expedient for the Director General and the Northern Ireland |
| |
Policing Board to make arrangements under paragraph 24, and |
| |
(b) | that satisfactory arrangements cannot be made, or cannot be made in |
| |
time, under paragraph 24, |
| |
| the Department of Justice may, with the consent of the Secretary of State, |
| 25 |
direct the Director General and the Policing Board to make specified |
| |
arrangements under paragraph 24. |
| |
Arrangements: terms, variation and termination |
| |
26 (1) | Facility-sharing arrangements must specify or describe the facilities which |
| |
are to be made available for use by the NCA under the arrangements. |
| 30 |
(2) | Facility-sharing arrangements may be varied or terminated by the parties. |
| |
(3) | But the arrangements may not be terminated without the consent of— |
| |
(a) | the Secretary of State (if the arrangements have been made in |
| |
compliance with a direction by the Secretary of State), or |
| |
(b) | the Department of Justice in Northern Ireland (if the arrangements |
| 35 |
have been made in compliance with a direction by that Department). |
| |
(4) | In this paragraph “facility-sharing arrangements” means arrangements |
| |
under any other provision of this Part of this Schedule. |
| |
Consultation before direction |
| |
27 | Before a person (“D”) gives a direction under this Part of this Schedule to |
| 40 |
another person (“P”), D must— |
| |
|
| |
|
| |
|
(a) | notify P of the proposal to give the direction, and |
| |
(b) | consider any representations made by P. |
| |
| |
28 | In this Part of this Schedule “facilities” means— |
| |
| 5 |
| |
(c) | other material, facilities and services. |
| |
| |
Payment for tasks, assistance or facilities |
| |
Payments by Director General |
| 10 |
29 (1) | The Director General must pay the appropriate amount to the fundholding |
| |
body for a UK police force if— |
| |
(a) | the chief officer of that police force performs a task— |
| |
(i) | in response to a request under section 4, or |
| |
(ii) | in accordance with a direction under that section; |
| 15 |
(b) | the chief officer of that police force provides the NCA with |
| |
| |
(i) | in response to a request under Part 3 of this Schedule, or |
| |
(ii) | in accordance with a direction under Part 3 of this Schedule; |
| |
| 20 |
(c) | facility-sharing arrangements are made under Part 4 of this Schedule |
| |
(whether voluntarily or in accordance with a direction) for the NCA |
| |
to use facilities made available by that police force. |
| |
(2) | The Director General must pay the appropriate amount to a UK law |
| |
| 25 |
(a) | that agency performs a task in response to a request under section 4; |
| |
(b) | that agency provides the NCA with assistance— |
| |
(i) | in response to a request under Part 3 of this Schedule, or |
| |
(ii) | in accordance with a direction under Part 3 of this Schedule; |
| |
| 30 |
(c) | facility-sharing arrangements are made under Part 4 of this Schedule |
| |
(whether voluntarily or in accordance with a direction) for the NCA |
| |
to use facilities made available by that agency. |
| |
| |
30 | The fundholding body for a UK police force must pay the appropriate |
| 35 |
amount to the Director General if— |
| |
(a) | the Director General performs a task in response to a request by the |
| |
chief officer of that police force under section 4; or |
| |
(b) | the Director General provides that police force with assistance— |
| |
(i) | in response to a request under Part 3 of this Schedule, or |
| 40 |
(ii) | in accordance with a direction under Part 3 of this Schedule. |
| |
|
| |
|
| |
|
Payments by law enforcement agencies |
| |
31 | A UK law enforcement agency must pay the appropriate amount to the |
| |
| |
(a) | the Director General performs a task in response to a request by that |
| |
agency under section 4; or |
| 5 |
(b) | the Director General provides that agency with assistance— |
| |
(i) | in response to a request under Part 3 of this Schedule, or |
| |
(ii) | in accordance with a direction under Part 3 of this Schedule. |
| |
| |
32 (1) | In any provision of this Part of this Schedule which requires one person (“R”) |
| 10 |
to pay the appropriate amount to another person (“P”), “appropriate |
| |
| |
(a) | such amount as may be agreed between R and P, or |
| |
(b) | in the absence of agreement, such amount as may be determined by |
| |
| 15 |
(2) | The Secretary of State must consult the Scottish Ministers before |
| |
determining the appropriate amount if R or P is a Scottish body. |
| |
(3) | The Secretary of State must consult the Department of Justice in Northern |
| |
Ireland before determining the appropriate amount if R or P is a Northern |
| |
| 20 |
| |
“Northern Ireland body” means— |
| |
(a) | the Police Service of Northern Ireland, |
| |
(b) | a Northern Ireland department, and |
| |
(c) | any other person operating in Northern Ireland, and not |
| 25 |
operating in any other part of the United Kingdom, charged |
| |
with the duty of investigating or prosecuting offences; |
| |
| |
(a) | the Scottish Police Authority, |
| |
(b) | the Scottish Administration, and |
| 30 |
(c) | any other person operating in Scotland, and not operating in |
| |
any other part of the United Kingdom, charged with the duty |
| |
of investigating or prosecuting offences. |
| |
| |
| 35 |
Directed tasking or assistance: power to amend those who may be directed |
| |
33 (1) | The Secretary of State may, by order, amend section 4 or paragraph 11 of this |
| |
Schedule by making any of the following kinds of provision— |
| |
(a) | provision adding a person or category of persons to the relevant list; |
| |
(b) | provision imposing on the Director General a requirement to obtain |
| 40 |
the consent of one or more persons before giving a direction to— |
| |
(i) | a person added to the relevant list by virtue of sub-paragraph |
| |
| |
|
| |
|
| |
|
(ii) | a person within a category of persons so added; |
| |
(c) | provision removing from the relevant list a person or category of |
| |
persons added by virtue of sub-paragraph (a); |
| |
(d) | provision removing a requirement for consent imposed by virtue of |
| |
| 5 |
(2) | But the Secretary of State may not add any of the following to the relevant |
| |
| |
(a) | the Commissioners for Her Majesty’s Revenue and Customs; |
| |
(b) | the Chief Constable of the Police Service of Scotland; |
| |
(c) | any person operating only in Scotland; |
| 10 |
(d) | the Chief Constable of the Police Service of Northern Ireland; |
| |
(e) | any person operating only in Northern Ireland. |
| |
(3) | Before making an order under this paragraph which adds a person or |
| |
category of persons to the relevant list, the Secretary of State must consult |
| |
that person or the persons within that category. |
| 15 |
(4) | In this paragraph “relevant list” means— |
| |
(a) | in relation to section 4, the list of persons in subsection (5) to whom |
| |
the Director General may give directions, or |
| |
(b) | in relation to paragraph 11 of this Schedule, the list of persons in sub- |
| |
paragraph (1) to whom the Director General may give directions. |
| 20 |
Duty to provide information etc: power to amend specified bodies etc |
| |
34 (1) | The Secretary of State may, by order, amend paragraph 7 of this Schedule by |
| |
making any of the following kinds of provision— |
| |
(a) | provision adding a person to the specified bodies in the relevant |
| |
| 25 |
(b) | provision specifying in the relevant table one or more relevant |
| |
functions in relation to— |
| |
(i) | the Secretary of State, or |
| |
(ii) | a person added to the specified bodies by virtue of sub- |
| |
| 30 |
(c) | provision removing from the relevant table provision made by virtue |
| |
of sub-paragraph (a) or (b). |
| |
(2) | But the Secretary of State may not add any of the following to the specified |
| |
| |
(a) | a person operating only in Scotland; |
| 35 |
(b) | a person operating only in Northern Ireland. |
| |
(3) | Before making provision under this paragraph which adds a person to the |
| |
specified bodies, the Secretary of State must consult that person. |
| |
(4) | In this paragraph “relevant table” means the table in paragraph 7. |
| |
| 40 |
35 (1) | A person given a direction under this Schedule must comply with it. |
| |
(2) | A direction under this Schedule may not relate to the prosecution functions |
| |
| |
|
| |
|
| |
|
| |
| |
“fundholding body” means— |
| |
(a) | the policing body (in relation to any UK police force other |
| |
than the Police Service of Northern Ireland); |
| 5 |
(b) | the Police Service of Northern Ireland (in relation to that |
| |
| |
“specified”, in relation to a direction under any provision of this |
| |
Schedule, means specified in the direction. |
| |
| 10 |
| |
| |
Regulations as to equipment |
| |
1 (1) | The Secretary of State may make regulations requiring equipment used by |
| |
the NCA to satisfy such requirements as to design and performance as may |
| |
be prescribed by the regulations. |
| 15 |
(2) | The Secretary of State may, by regulations, make any of the following kinds |
| |
| |
(a) | provision requiring the NCA, when using equipment for the |
| |
purposes specified in the regulations, to use only— |
| |
(i) | the equipment which is specified in the regulations, |
| 20 |
(ii) | equipment which is of a description so specified, or |
| |
(iii) | equipment which is of a type approved by the Secretary of |
| |
State in accordance with the regulations; |
| |
(b) | provision prohibiting the NCA from using equipment of a type |
| |
approved as mentioned in sub-paragraph (a)(iii) except— |
| 25 |
(i) | where the conditions subject to which the approval was |
| |
| |
(ii) | in accordance with the other terms of that approval; |
| |
(c) | provision requiring equipment used by the NCA to comply with |
| |
such conditions as may be specified in the regulations, or as may be |
| 30 |
approved by the Secretary of State in accordance with the |
| |
| |
(d) | provision prohibiting the NCA from using equipment specified in |
| |
the regulations, or any equipment of a description so specified. |
| |
(3) | Before making regulations under this section, the Secretary of State must |
| 35 |
| |
(a) | the Director General, and |
| |
(b) | such other persons as the Secretary of State considers appropriate. |
| |
(4) | In this paragraph “equipment” includes— |
| |
| 40 |
(b) | headgear and protective and other clothing. |
| |
|
| |
|
| |
|
Liability of NCA for unlawful acts |
| |
2 (1) | In any of the following cases, the NCA is liable in respect of unlawful |
| |
conduct of a person in the same manner as an employer is liable in respect |
| |
of unlawful conduct of employees in the course of their employment. |
| |
(2) | The first case is where the unlawful conduct is conduct of a constable or |
| 5 |
other person which occurs when the person is carrying out, or purporting to |
| |
carry out, functions whilst— |
| |
(a) | seconded to the NCA to serve as an NCA officer, or |
| |
(b) | provided for the assistance of the NCA under Part 3 of Schedule 3. |
| |
(3) | The second case is where the unlawful conduct is conduct of a person (other |
| 10 |
than an NCA officer) who is a member of an NCA-led international joint |
| |
investigation team which occurs when the person is carrying out, or |
| |
purporting to carry out, functions as a member of the team. |
| |
(4) | The third case is where the unlawful conduct is conduct of a person carrying |
| |
out surveillance under section 76A of the Regulation of Investigatory |
| 15 |
Powers Act 2000 (foreign surveillance operations). |
| |
(5) | If (in any of those cases) the unlawful conduct is a tort, the NCA is |
| |
accordingly to be treated as a joint tortfeasor. |
| |
| This sub-paragraph does not apply in Scotland. |
| |
| 20 |
(a) | the NCA pays a sum by virtue of this paragraph, and |
| |
(b) | the Secretary of State receives under any international agreement a |
| |
sum by way of reimbursement (in whole or in part) of the sum paid |
| |
| |
| the Secretary of State must pay to the NCA the sum received by way of |
| 25 |
| |
(7) | This paragraph does not affect the liability of the NCA for the conduct of |
| |
| |
(8) | References in this paragraph to unlawful conduct by a person include |
| |
references to unlawful conduct by a person in reliance, or purported |
| 30 |
reliance, on a designation under section 8 or 9. |
| |
Assaults or obstruction in connection with joint investigation teams |
| |
3 (1) | A person commits an offence if the person assaults a member of an NCA-led |
| |
international joint investigation team who is carrying out functions as a |
| |
| 35 |
(2) | A person guilty of that offence is liable on summary conviction to either or |
| |
| |
(a) | imprisonment for a term not exceeding— |
| |
(i) | 51 weeks on conviction in England and Wales; |
| |
(ii) | 12 months on conviction in Scotland; |
| 40 |
(iii) | 6 months on conviction in Northern Ireland; |
| |
(b) | a fine not exceeding level 5 on the standard scale. |
| |
|
| |
|
| |
|
(3) | A person commits an offence if the person resists or wilfully obstructs a |
| |
member of an NCA-led international joint investigation team who is |
| |
carrying out functions as a member of that team. |
| |
(4) | A person guilty of that offence is liable on summary conviction to either or |
| |
| 5 |
(a) | imprisonment for a term not exceeding— |
| |
(i) | 51 weeks on conviction in England and Wales; |
| |
(ii) | 12 months on conviction in Scotland; |
| |
(iii) | 1 month on conviction in Northern Ireland; |
| |
(b) | a fine not exceeding level 3 on the standard scale. |
| 10 |
(5) | In relation to an offence committed before the commencement of section |
| |
281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary |
| |
| |
(a) | the reference in sub-paragraph (2)(a) to the period of 51 weeks is to |
| |
be read as a reference to the period of 6 months; and |
| 15 |
(b) | the reference in sub-paragraph (4)(a) to the period of 51 weeks is to |
| |
be read as a reference to the period of 1 month. |
| |
Application of discrimination legislation to secondees: Northern Ireland |
| |
4 (1) | An NCA secondee is to be treated, for the purposes of the provisions listed |
| |
in sub-paragraph (2), as being employed by the NCA as respects any act |
| 20 |
done by the NCA in relation to that person. |
| |
(2) | Those provisions are— |
| |
(a) | Part 2 of the Sex Discrimination (Northern Ireland) Order 1976; |
| |
(b) | Part 2 of the Disability Discrimination Act 1995; |
| |
(c) | Part 2 of the Race Relations (Northern Ireland) Order 1997; |
| 25 |
(d) | the Fair Employment and Treatment (Northern Ireland) Order 1998, |
| |
| |
(3) | For the purposes of the provisions listed in sub-paragraph (4)— |
| |
(a) | an NCA secondee is to be treated as being employed by the NCA |
| |
(and as not being employed by any other person); and |
| 30 |
(b) | anything done by an NCA secondee in the performance, or |
| |
purported performance, of his functions as an NCA secondee is to be |
| |
treated as done in the course of that employment. |
| |
(4) | Those provisions are— |
| |
(a) | Article 42 of the Sex Discrimination (Northern Ireland) Order 1976; |
| 35 |
(b) | section 58 of the Disability Discrimination Act 1995; |
| |
(c) | Article 32 of the Race Relations (Northern Ireland) Order 1997; |
| |
(d) | Article 36 of the Fair Employment and Treatment (Northern Ireland) |
| |
| |
(5) | In this paragraph “NCA secondee” means any constable or other person |
| 40 |
who has been seconded to the NCA to serve as an NCA officer. |
| |
|
| |
|