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]
Part 1 — The National Crime Agency
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(2)
The Director General may not designate an NCA officer under this section as
having particular operational powers unless the Director General is satisfied
that the officer—
(a)
is capable of effectively exercising those powers;
(b)
has received adequate training in respect of the exercise of those
5
powers; and
(c)
is otherwise a suitable person to exercise those powers.
(3)
The Director General may modify or withdraw a designation of an NCA officer
by giving notice of the modification or withdrawal to the officer.
(4)
For further provision about designations under this section, see Schedule 5.
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General
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Inspections and complaints
(1)
Her Majesty’s Inspectors of Constabulary (“HMIC”) must carry out
inspections of the NCA.
(2)
HMIC must also carry out an inspection of the NCA if requested to do so by
15
the Secretary of State either—
(a)
generally, or
(b)
in respect of a particular matter.
(3)
Following an inspection under this section, HMIC must report to the Secretary
of State on the efficiency and effectiveness of the NCA either—
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(a)
generally, or
(b)
in the case of an inspection under subsection (2)(b), in respect of the
matter to which the inspection related.
(4)
HMIC must carry out such other duties for the purpose of furthering the
efficiency and effectiveness of the NCA as the Secretary of State may from time
25
to time direct.
(5)
Paragraphs 2 and 5 of Schedule 4A to the Police Act 1996 (inspection
programmes and inspection frameworks) apply to functions of inspection and
reporting under this section as they apply to other such functions.
(6)
In the Police Reform Act 2002, after section 26B insert—
30
“26C
The National Crime Agency
(1)
The Secretary of State must make regulations conferring functions on
the Independent Police Complaints Commission in relation to the
exercise of functions by the Director General and other National Crime
Agency officers.
35
(2)
Regulations under this section may, in particular—
(a)
apply (with or without modifications), or make provision
similar to, any provision of or made under this Part of this Act;
(b)
make provision for payment by the National Crime Agency to,
or in respect of, the Independent Police Complaints
40
Commission.
(3)
Regulations under this section must relate only to the exercise of
functions in, or in relation to, England and Wales.

Crime and Courts Bill [HL]
Part 1 — The National Crime Agency
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(4)
The Independent Police Complaints Commission and the
Parliamentary Commissioner for Administration may jointly
investigate a matter in relation to which—
(a)
the Independent Police Complaints Commission has functions
by virtue of this section, and
5
(b)
the Parliamentary Commissioner for Administration has
functions by virtue of the Parliamentary Commissioner Act
1967.
(5)
A National Crime Agency officer may disclose information to the
Independent Police Complaints Commission, or to a person acting on
10
the Commission’s behalf, for the purposes of the exercise by the
Commission, or by any person acting on the Commission’s behalf, of an
NCA complaints function.
(6)
The Independent Police Complaints Commissioner and the
Parliamentary Commissioner for Administration may disclose
15
information to each other for the purposes of the exercise of a
function—
(a)
by virtue of this section, or
(b)
under the Parliamentary Commissioner Act 1967.
(7)
Regulations under this section may, in particular, make—
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(a)
further provision about the disclosure of information under
subsection (5) or (6);
(b)
provision about the further disclosure of information that has
been so disclosed;

including provision which applies (with or without modifications), or
25
is similar to, any provision of Schedule 7 to the Crime and Courts Act
2013.
(8)
Except as provided for in regulations under this section, that Schedule
to that Act does not apply to—
(a)
the disclosure of information under subsection (5) or (6), or
30
(b)
the further disclosure of information so disclosed.
(9)
In this section “NCA complaints function” means a function in relation
to the exercise of functions by the Director General or any other
National Crime Agency officer.”
(7)
In the Police, Public Order and Criminal Justice (Scotland) Act 2006
35
(Consequential Provisions and Modifications) Order 2007, in article 4(4)
(agreements to establish complaints procedures)—
(a)
for “SOCA” (in the first place) substitute “the National Crime Agency”;
(b)
for “SOCA and members of the staff of SOCA” substitute “the National
Crime Agency and National Crime Agency officers”.
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(8)
In section 60ZA of the Police (Northern Ireland) Act 1998 (Serious Organised
Crime Agency: complaints)—
(a)
in the title, for “Serious Organised Crime Agency” substitute “The
National Crime Agency”;
(b)
in subsection (1), for “members of the staff of the Serious Organised
45
Crime Agency” substitute “National Crime Agency officers”;
(c)
in subsection (6), for “member of the staff of the Agency” substitute
“National Crime Agency officer”;

Crime and Courts Bill [HL]
Part 1 — The National Crime Agency
10

(d)
omit subsection (7).”
(9)
Schedule 6 (inspections and complaints) has effect.
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Information: restrictions on disclosure etc
(1)
Schedule 7 (information: restrictions on disclosure) has effect.
(2)
Schedule 7 applies to disclosures made for the purposes of the criminal
5
intelligence function.
(3)
Any duty to disclose information imposed on an NCA officer (including the
duty of the Director General under paragraph 4 or 6 of Schedule 3 to disclose
information by keeping other persons informed of information obtained by the
NCA), and any power of an NCA officer to disclose information, has effect
10
subject to Schedule 7.
(4)
Subsections (2) and (3) do not limit Schedule 7.
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NCA officers with operational powers: labour relations
(1)
A person must not induce the Director General or any NCA officer designated
under section 9 to withhold (or to continue to withhold) services as an NCA
15
officer.
(2)
The duty imposed by subsection (1) is a duty owed to the Secretary of State.
(3)
A breach of that duty which causes the Secretary of State to sustain loss or
damage is to be actionable, at the Secretary of State’s suit or instance, against
the person in breach.
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(4)
Subsection (3) is without prejudice to the right of the Secretary of State, by
virtue of subsections (1) and (2), to bring civil proceedings in respect of any
apprehended contravention of subsection (1).
(5)
The no-strike provisions must be disregarded in determining for the purposes
of any of the relevant employment legislation whether any trade union is an
25
independent trade union.
(6)
Nothing in the relevant employment legislation is to affect the rights of the
Secretary of State by virtue of the no-strike provisions.
(7)
The Secretary of State may, by order, suspend, or later revive, the operation of
the no-strike provisions.
30
(8)
In this section—
“no-strike provisions” means subsections (1) to (3) of this section;
“relevant employment legislation” means—
(a)
the Trade Union and Labour Relations (Consolidation) Act
1992;
35
(b)
the Employment Rights Act 1996;
(c)
the Trade Union and Labour Relations (Northern Ireland)
Order 1995;
(d)
the Employment Rights (Northern Ireland) Order 1996.

Crime and Courts Bill [HL]
Part 1 — The National Crime Agency
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NCA officers with operational powers: pay and allowances
(1)
The Secretary of State may, by regulations, provide for the establishment,
maintenance and operation of procedures for the determination from time to
time of—
(a)
the rates of pay and allowances to be applied to the Director General
5
and to NCA officers designated under section 9; and
(b)
other associated terms and conditions of employment as the Director
General or as an NCA officer designated under section 9.
(2)
Regulations under this section may—
(a)
provide for determinations with respect to matters to which the
10
regulations relate to be made wholly or partly by reference to such
factors, and the opinion or recommendations of such persons, as may
be specified or described in the regulations;
(b)
authorise the matters considered and determined in pursuance of the
regulations to include matters applicable to times and periods before
15
they are considered or determined.
(3)
In this section “associated terms and conditions” means such terms and
conditions as may appear to the Secretary of State to fall to be determined in
association with the determination of rates of pay and allowances.
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Abolition of SOCA and NPIA
20
(1)
The Serious Organised Crime Agency is abolished.
(2)
The National Policing Improvement Agency is abolished.
(3)
Schedule 8 (abolition of SOCA and NPIA) has effect.
15
Interpretation of Part 1
(1)
In this Part—
25
“chief officer” means—
(a)
the chief constable of a police force maintained under section 2
of the Police Act 1996 (police forces in England and Wales
outside London);
(b)
the Commissioner of Police of the Metropolis;
30
(c)
the Commissioner of Police for the City of London;
(d)
the chief constable of the Police Service of Scotland;
(e)
the Chief Constable of the Police Service of Northern Ireland;
(f)
the chief constable of the British Transport Police;
(g)
the chief constable of the Civil Nuclear Constabulary;
35
(h)
the chief constable of the Ministry of Defence Police;
“customs revenue official” has the same meaning as in the Borders,
Citizenship and Immigration Act 2009 (see section 11 of that Act);
“Director General” means the Director General of the National Crime
Agency;
40
“Director of Border Revenue” means the person designated under section
6 of the Borders, Citizenship and Immigration Act 2009;
“enactment” means any enactment, whenever passed or made, contained
in—

Crime and Courts Bill [HL]
Part 1 — The National Crime Agency
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(a)
an Act of Parliament;
(b)
an Act of the Scottish Parliament;
(c)
Northern Ireland legislation (within the meaning of section 24
of the Interpretation Act 1978);
(d)
a Measure or Act of the National Assembly of Wales;
5
(e)
an instrument made under any such Act, legislation or
Measure;
(f)
any other subordinate legislation (within the meaning of the
Interpretation Act 1978);
“England and Wales police force” means—
10
(a)
a police force maintained under section 2 of the Police Act 1996
(police forces in England and Wales outside London);
(b)
the metropolitan police force;
(c)
the City of London police force;
“functions” means all functions of any description, including powers and
15
duties, whether conferred by an enactment or arising otherwise;
“general customs official” has the same meaning as in Borders,
Citizenship and Immigration Act 2009 (see section 3 of that Act);
“Island law enforcement agency” means any person charged with the
duty of investigating or prosecuting offences who operates in any of the
20
Channel Islands or in the Isle of Man (apart from an Island police force);
“Island police force” means—
(a)
the States of Jersey Police Force;
(b)
the salaried police force of the Island of Guernsey;
(c)
the Isle of Man Constabulary;
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“local policing body” means—
(a)
a police and crime commissioner;
(b)
the Mayor’s Office for Policing and Crime;
(c)
the Common Council of the City of London as police authority
for the City of London police area;
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“NCA” means the National Crime Agency;
“NCA functions” means—
(a)
functions of the NCA,
(b)
functions of the Director General, and
(c)
functions of other NCA officers;
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“NCA officers” means—
(a)
the Director General,
(b)
the other National Crime Agency officers appointed under
paragraph 9 of Schedule 1,
(c)
persons who have been seconded to the NCA to serve as
40
National Crime Agency officers under paragraph 13 of
Schedule 1 (unless the context otherwise requires), and
(d)
NCA specials;
“permitted purpose” means any of the following purposes—
(a)
the prevention or detection of crime, whether in the United
45
Kingdom or elsewhere;
(b)
the investigation or prosecution of offences, whether in the
United Kingdom or elsewhere;

Crime and Courts Bill [HL]
Part 1 — The National Crime Agency
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(c)
the prevention, detection or investigation of conduct for which
penalties other than criminal penalties are provided under the
law of any part of the United Kingdom or the law of any country
or territory outside the United Kingdom;
(d)
the exercise of any NCA functions (so far as not falling within
5
any of paragraphs (a) to (c));
(e)
purposes relating to civil proceedings (whether or not in the
United Kingdom) which relate to a matter in respect of which
the NCA has functions;
(f)
compliance with an order of a court or tribunal (whether or not
10
in the United Kingdom);
(g)
the exercise of any function relating to the provision or
operation of the system of accreditation of financial
investigators under section 3 of the Proceeds of Crime Act 2002;
(h)
the exercise of any function of the prosecutor under Parts 2, 3
15
and 4 of the Proceeds of Crime Act 2002;
(i)
the exercise of any function of—
(i)
the Director of Public Prosecutions,
(ii)
the Director of the Serious Fraud Office,
(iii)
the Director of Public Prosecutions for Northern Ireland,
20
or
(iv)
the Scottish Ministers,

under, or in relation, to Part 5 or 8 of the Proceeds of Crime Act
2002;
(j)
the exercise of any function of—
25
(i)
an officer of Revenue and Customs,
(ii)
a general customs official,
(iii)
a customs revenue official,
(iv)
an immigration officer,
(v)
an accredited financial investigator, or
30
(vi)
a constable,

under Chapter 3 of Part 5 of the Proceeds of Crime Act 2002;
(k)
investigations or proceedings outside the United Kingdom
which have led, or may lead, to the making of an external order
(within the meaning of section 447 of the Proceeds of Crime Act
35
2002);
(l)
the exercise of any function of any intelligence service (within
the meaning of the Regulation of Investigatory Powers Act
2000);
(m)
the exercise of any function under—
40
(i)
Part 2 of the Football Spectators Act 1989, or
(ii)
sections 104 to 106 of the Policing and Crime Act 2009;
(n)
the exercise of any function relating to public health;
(o)
the exercise of any function of the Financial Services Authority;
(p)
the exercise of any function designated by the Secretary of State
45
by order;
but a function may be designated under paragraph (p) only if the
function appears to the Secretary of State to be a function of a public
nature;
“policing body” means—
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Crime and Courts Bill [HL]
Part 1 — The National Crime Agency
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(a)
a police and crime commissioner;
(b)
the Mayor’s Office for Policing and Crime;
(c)
the Common Council of the City of London as police authority
for the City of London police area;
(d)
the Scottish Police Authority;
5
(e)
the Northern Ireland Policing Board;
(f)
the British Transport Police Authority;
(g)
the Civil Nuclear Police Authority;
(h)
the Secretary of State, in relation to the Ministry of Defence
Police;
10
“special police force” means—
(a)
the British Transport Police;
(b)
the Civil Nuclear Constabulary;
(c)
the Ministry of Defence Police;
“strategic partners” means—
15
(a)
the Scottish Ministers;
(b)
the Department of Justice in Northern Ireland;
(c)
such persons as appear to the Secretary of State to represent the
views of local policing bodies;
(d)
such persons as appear to the Secretary of State to represent the
20
views of the chief officers of England and Wales police forces;
(e)
the chief constable of the Police Service of Scotland;
(f)
the Chief Constable of the Police Service of Northern Ireland;
(g)
the Commissioners for Her Majesty’s Revenue and Customs;
(h)
the Director of the Serious Fraud Office;
25
“UK law enforcement agency” means—
(a)
the Commissioners for Her Majesty’s Revenue and Customs;
(b)
the Director of the Serious Fraud Office;
(c)
the Director of Border Revenue;
(d)
the Scottish Administration;
30
(e)
a Northern Ireland department;
(f)
any other person operating in England, Scotland, Northern
Ireland or Wales charged with the duty of investigating or
prosecuting offences (apart from a UK police force);
“UK police force” means—
35
(a)
an England and Wales police force;
(b)
the Police Service of Scotland;
(c)
the Police Service of Northern Ireland;
(d)
a special police force.
(2)
In this Part—
40
(a)
a reference to the powers and privileges of a constable is a reference to
any powers and privileges of the constable, whether arising under an
enactment or otherwise;
(b)
a reference to the Police Service of Northern Ireland includes a
reference to the Police Service of Northern Ireland Reserve.
45
(3)
In any enactment—
(a)
a reference to a National Crime Agency officer is to be construed as a
reference to an NCA officer within the meaning of this Part;