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 4 — Use of police facilities etc by NCA
59

(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
that paragraph.
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—

Crime and Courts Bill [HL]
Schedule 3 — Relationships between NCA and other agencies
Part 5 — Payment for tasks, assistance or facilities
60

(a)
notify P of the proposal to give the direction, and
(b)
consider any representations made by P.
Facilities
28
In this Part of this Schedule “facilities” means—
(a)
premises,
5
(b)
equipment, and
(c)
other material, facilities and services.
Part 5
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
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;
or
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
enforcement agency if—
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;
or
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.
Payments by police
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.

Crime and Courts Bill [HL]
Schedule 3 — Relationships between NCA and other agencies
Part 6 — General
61

Payments by law enforcement agencies
31
A UK law enforcement agency must pay the appropriate amount to the
Director General if—
(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.
The “appropriate amount”
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
amount” means—
(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
the Secretary of State.
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
Ireland body.
20
      (4)
In this paragraph—
“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;
“Scottish body” means—
(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.
Part 6
General
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
(a), or

Crime and Courts Bill [HL]
Schedule 3 — Relationships between NCA and other agencies
Part 6 — General
62

(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
sub-paragraph (b).
5
      (2)
But the Secretary of State may not add any of the following to the relevant
list—
(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
table;
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-
paragraph (a);
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
bodies—
(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.
Directions
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
of any person.

Crime and Courts Bill [HL]
Schedule 4 — NCA: general
63

Interpretation
36
In this Schedule—
“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
Police Service);
“specified”, in relation to a direction under any provision of this
Schedule, means specified in the direction.
Schedule 4
10
Section 7

NCA: general
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
of provision—
(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
given are satisfied, and
(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
regulations;
(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
consult—
(a)
the Director General, and
(b)
such other persons as the Secretary of State considers appropriate.
      (4)
In this paragraph “equipment” includes—
(a)
vehicles, and
40
(b)
headgear and protective and other clothing.

Crime and Courts Bill [HL]
Schedule 4 — NCA: general
64

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.
      (6)
If—
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
by the NCA,

the Secretary of State must pay to the NCA the sum received by way of
25
reimbursement.
      (7)
This paragraph does not affect the liability of the NCA for the conduct of
NCA officers.
      (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
member of the team.
35
      (2)
A person guilty of that offence is liable on summary conviction to either or
both of the following—
(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.

Crime and Courts Bill [HL]
Schedule 4 — NCA: general
65

      (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
both of the following—
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
offences)—
(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,
except Part VII.
      (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)
Order 1998.
      (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.