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.

 
 

 
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Revised 20 December 2012