Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]


Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 1 — Transitional, transitory and saving provision

89

 

(c)   

provide for anything done by a transferor which gives rise to

criminal liability to be treated as done by the NCA or the Secretary of

State and, in such a case, provide that Crown immunity does not

affect the criminal liability of the NCA or Secretary of State;

(d)   

apportion property, rights and liabilities;

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(e)   

make provision about the continuation of legal proceedings.

      (3)  

The things that may be transferred by a property transfer scheme include—

(a)   

property, rights and liabilities that could not otherwise be

transferred;

(b)   

property acquired, and rights and liabilities arising, after the making

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of the scheme.

4     (1)  

A staff transfer scheme or a property transfer scheme may make—

(a)   

provision for any reference to a transferor in any document or other

instrument, contract or legal proceedings to have effect as, or as

including, a reference to the NCA or the Secretary of State;

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(b)   

supplementary, incidental, transitional and consequential provision.

      (2)  

A staff transfer scheme may make provision which is the same or similar as

provision made by the TUPE regulations (if those regulations do not apply

to the transfer).

5          

In paragraphs 2 to 4—

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“civilian staff”, in relation to an England and Wales police force, means

a person employed by the policing body for that force;

“designated”, in relation to a staff transfer scheme or a property transfer

scheme, means specified in, or determined in accordance with, the

scheme;

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“designated transferee” means a person in respect of whom a staff

transfer scheme makes provision of the kind referred to in paragraph

2(1)(a) or (b);

“Home Office” means the department of the Secretary of State having

responsibility for policing;

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“instrument” includes a designation, authorisation, warrant, or order

of any court;

“transferor”, in relation to a staff transfer scheme or a property transfer

scheme, means any of the following to which the scheme relates—

(a)   

SOCA;

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(b)   

the NPIA;

(c)   

the chief officer of, or the policing body, for an England and

Wales police force;

(d)   

any other person;

“TUPE regulations” means the Transfer of Undertakings (Protection of

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Employment) Regulations 2006.

Continuity in relation to functions

6     (1)  

The abolition of SOCA or the NPIA does not affect the validity of anything

done before the abolition.

      (2)  

The transfer of a function does not affect the validity of anything done before

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the transfer.

 
 

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 1 — Transitional, transitory and saving provision

90

 

      (3)  

Sub-paragraphs (4) to (6) apply in relation to the transfer of a function.

      (4)  

Where anything—

(a)   

relates to the transferred function, and

(b)   

is in the process of being made or done by or in relation to the

transferor immediately before the transfer takes effect,

5

           

it may be continued afterwards by or in relation to the transferee.

      (5)  

Where anything—

(a)   

relates to the transferred function,

(b)   

has been made or done by or in relation to the transferor, and

(c)   

is in effect immediately before the transfer takes effect,

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it has effect afterwards as if made or done by or in relation to the transferee.

      (6)  

The transferee is to be substituted for the transferor in any documents and

other instruments, contracts or legal proceedings which—

(a)   

relate to the transferred function, and

(b)   

are made or commenced before the transfer takes effect.

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      (7)  

The Secretary of State may, by direction, determine any question under this

paragraph as to—

(a)   

whether there has been a transfer of a particular function, or

(b)   

the person to whom there has been a transfer of a particular function.

      (8)  

The preceding provisions of this paragraph are without prejudice to the

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powers under section 41 (transitional, transitory or saving provision).

      (9)  

The following provisions of this paragraph apply for the purposes of this

paragraph.

     (10)  

A reference to—

(a)   

the abolition of SOCA includes a reference to the ending of a

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person’s membership of SOCA or membership of the staff of SOCA;

(b)   

the abolition of the NPIA includes a reference to the ending of a

person’s membership of the NPIA or membership of the staff of the

NPIA.

     (11)  

A reference to the transfer of a function is a reference to—

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(a)   

the transfer of a SOCA function by or under this Act,

(b)   

the transfer of an NPIA function by or under this Act, and

(c)   

the assumption of a third party function by the NCA.

     (12)  

For that purpose—

(a)   

the reference to the transfer of a SOCA function or NPIA function by

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or under this Act includes a reference to a case where—

(i)   

a SOCA function or NPIA function is abolished, and

(ii)   

a corresponding function is conferred on another person,

   

by or under this Act;

(b)   

the reference to the assumption of a third party function by the NCA

40

is a reference to the case where—

(i)   

a function (other than a SOCA function or an NPIA function)

is exercisable before the changeover by a person (the “third

party”),

 
 

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 1 — Transitional, transitory and saving provision

91

 

(ii)   

a corresponding function is included in the NCA functions,

and

(iii)   

a person employed by, or otherwise serving, the third party

wholly or partly for the purpose of the exercise of the

function becomes an NCA officer under a staff transfer

5

scheme;

           

and references to the transferred function, the transferor and the transferee

are to be read accordingly.

     (13)  

A reference to a thing being, or having been, made or done includes—

(a)   

a reference to—

10

(i)   

a document or other instrument being, or having been, made

or otherwise produced,

(ii)   

a contract being, or having been, agreed, and

(iii)   

legal proceedings being, or having been, brought; and

(b)   

a reference to a thing being, or having been, made or done under—

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(i)   

a document or other instrument,

(ii)   

a contract, or

(iii)   

legal proceedings.

     (14)  

A reference to a thing which relates to a transferred function includes a

reference to a thing made or done for the purposes of, or otherwise in

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connection with, a transferred function.

     (15)  

These expressions have the meanings given—

“instrument” includes a designation, authorisation, warrant, or order

of any court;

“NPIA functions” means functions of—

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(a)   

the NPIA,

(b)   

a member of the NPIA, or

(c)   

a member of the staff of the NPIA;

“SOCA functions” means functions of—

(a)   

SOCA,

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(b)   

a member of SOCA, or

(c)   

a member of the staff of SOCA.

Continuity in relation to subordinate legislation

7     (1)  

After the changeover, the subordinate legislation specified in an entry in the

first column of the following table—

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(a)   

continues to have effect (subject to any subsequent amendment or

revocation) as if made under the powers conferred by the provision

of this Act specified in the corresponding entry in the second

column; and

(b)   

may be amended or revoked by (in particular) the exercise of the

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powers conferred by that provision.

 
 

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 1 — Transitional, transitory and saving provision

92

 
 

Subordinate legislation

Provision of this Act

 
 

The Serious Organised Crime

Paragraphs 27 to 29 of Schedule 5

 
 

and Police Act 2005 (Application

  
 

and Modification of Certain

  
 

Enactments to Designated Staff

  

5

 

of SOCA) Order 2006 (S.I. 2006/

  
 

987)

  
 

The International Joint

Paragraph 5(1)(c) of Schedule 4

 
 

Investigation Teams

  
 

(International Agreement) Order

  

10

 

2009 (S.I. 2009/3269), insofar as it

  
 

is made under powers conferred

  
 

by the Serious Organised Crime

  
 

and Police Act 2005

  
 

The Serious Organised Crime

Paragraph (p) of the definition of

 

15

 

and Police Act 2005 (Disclosure

“permitted purpose” in section

 
 

of Information by SOCA) Order

15(1)

 
 

2010 (S.I. 2010/1955)

  

      (2)  

Insofar as subordinate legislation continues to have effect by virtue of sub-

paragraph (1), it does so subject to the following modifications.

20

 

The Serious Organised Crime and Police Act 2005 (Application and

 
 

Modification of Certain Enactments to Designated Staff of SOCA) Order

 
 

2006 (S.I. 2006/987)

 
 

Articles 2 and

The reference to section 43(1)(a) of the Serious

 
 

4(4) and

Organised Crime and Police Act 2005 has effect as a

 

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paragraph 21

reference to section 8 or 9 of this Act

 
 

of Schedule 1

  
 

Articles 3(b)

The reference to Chapter 2 of Part 1 of the Serious

 
 

and 4(1)(b)

Organised Crime and Police Act 2005 has effect as a

 
  

reference to Part 1 of this Act

 

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Article 4(3)

The reference to section 46 of the Serious Organised

 
  

Crime and Police Act 2005 has effect as a reference

 
  

to Part 4 of Schedule 5 to this Act

 
 

Article 5 and

The reference to section 43(1)(c) of the Serious

 
 

Paragraph 6

Organised Crime and Police Act 2005 has effect as a

 

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of Schedule 2

reference to section 8 or 9 of this Act

 
 

Articles 6(b)

The reference to Chapter 2 of Part 1 of the Serious

 
 

and 7(1)(b)

Organised Crime and Police Act 2005 has effect as a

 
  

reference to Part 1 of this Act

 
 

Schedule 1

Each reference to a SOCA office has effect as a

 

40

  

reference to a place for the time being occupied by

 
  

the National Crime Agency

 
 
 

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 1 — Transitional, transitory and saving provision

93

 
 

The International Joint Investigation Teams (International Agreement)

 
 

Order 2009 (S.I. 2009/3269)

 
 

Article 2(d)

The reference to sections 30(5)(c) and 57(6)(c) of the

 
  

Serious Organised Crime and Police Act 2005 has

 
  

effect as a reference to paragraph 5(1)(c) of Schedule

 

5

  

4 to this Act

 
 

The Serious Organised Crime and Police Act 2005 (Disclosure of

 
 

Information by SOCA) Order 2010 (S.I. 2010/1955)

 
 

Article 2

The reference to section 33 of the Serious Organised

 
  

Crime and Police Act 2005 has effect as a reference

 

10

  

to the definition of “permitted purpose” in section

 
  

15(1) of this Act

 

      (3)  

The modifications applicable to any subordinate legislation by virtue of sub-

paragraph (2) are in addition to any other modifications applicable to that

subordinate legislation (whether by virtue of Part 4 of Schedule 8 or

15

otherwise).

      (4)  

The preceding provisions of this paragraph are without prejudice to sections

40 (consequential amendments) and 41 (transitional, transitory or saving

provision).

Members of SOCA

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8     (1)  

The Secretary of State may pay such amount (if any) as the Secretary of State

thinks appropriate to a person who ceases to be a SOCA board member at

the changeover.

      (2)  

In this paragraph “SOCA board member” means a person who is a member

of SOCA by virtue of paragraph 1(1)(a) or (c) of Schedule 1 to the Serious

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Organised Crime and Police Act 2005 (the chairman and ordinary members).

SOCA annual reports and accounts

9     (1)  

The repeal of sections 7 and 20 of the Serious Organised Crime and Police

Act 2005 (annual reports and accounts) by this Act does not affect the

application of those sections, after the changeover, in relation to times before

30

the changeover.

      (2)  

Sections 7 and 20 of the 2005 Act apply in relation to the final period as they

apply to any financial year of SOCA (and, accordingly, references in those

sections to a financial year of SOCA include references to the final period).

      (3)  

After the changeover, the duties imposed on SOCA by sections 7 and 20 of

35

the 2005 Act are to be discharged by the Director General of the National

Crime Agency.

      (4)  

In this paragraph “final period” means the period which—

(a)   

begins with the last 1 April to fall before the changeover, and

(b)   

ends with the changeover.

40

 
 

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 1 — Transitional, transitory and saving provision

94

 

Saving of accrued pension rights etc

10    (1)  

The amendments of the Superannuation Act 1972 made by Part 2 of this

Schedule do not affect the operation of that Act in relation to employment of

any of the following kinds by any person—

(a)   

employment by SOCA;

5

(b)   

employment as a member of the staff of the NPIA.

      (2)  

The amendments of the Police Pensions Act 1976 made by Part 2 of this

Schedule do not affect the operation of that Act in relation to service of any

of the following kinds by any person—

(a)   

service as an employee of SOCA;

10

(b)   

relevant service within paragraph (ca) or (cb) of section 97(1) of the

Police Act 1996;

(c)   

relevant service within section 38A(1)(ba) of the Police (Scotland) Act

1967;

(d)   

service as a member of the staff of NPIA.

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Scottish police reform

11    (1)  

The power conferred by section 41 may, in particular, be exercised to make

provision to secure that the NCA provisions have full effect despite the

coming into force of particular NCA provisions before the coming into force

of particular Scottish police reform provisions.

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      (2)  

Such provision may, in particular, modify a reference in any of the NCA

provisions to any person, body or other thing created by the Scottish police

reform provisions.

      (3)  

That includes the modification of a reference—

(a)   

to the Police Service of Scotland, in particular by providing for it to

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have effect as, or as including, a reference to one or more of the

following—

(i)   

an existing Scottish police force;

(ii)   

the Scottish Crime and Drugs Enforcement Agency;

(b)   

to the chief constable of the Police Service of Scotland, in particular

30

by providing for it to have effect as, or as including, a reference to

one or more of the following—

(i)   

the chief constable of an existing Scottish police force;

(ii)   

the Scottish Crime and Drugs Enforcement Agency;

(iii)   

the Director General of that Agency;

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(c)   

to the Scottish Police Authority, in particular by providing for it to

have effect as, or as including, a reference to one or more of the

following—

(i)   

an existing Scottish police authority;

(ii)   

the Scottish Crime and Drugs Enforcement Agency;

40

(iii)   

the Director General of that Agency;

(iv)   

the Scottish Police Services Authority;

(d)   

to constables in the Police Service of Scotland, in particular by

providing for it to have effect as, or as including, a reference to one

or more of the following—

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(i)   

constables in existing Scottish police forces;

 
 

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals

95

 

(ii)   

police members of the Scottish Crime and Drugs

Enforcement Agency;

(iii)   

support staff members of the Scottish Crime and Drugs

Enforcement Agency.

      (4)  

In this paragraph—

5

“existing Scottish police authority” means a body which is a police

authority by virtue of section 2 of the Police (Scotland) Act 1967 or a

joint police board constituted in accordance with an amalgamation

scheme made under that Act;

“existing Scottish police force” means a police force maintained under,

10

or by virtue of, section 1 of the Police (Scotland) Act 1967;

“NCA provisions” means the provisions of this Part of this Act

(including any amendments of other enactments made by this Part

of this Act);

“Scottish police reform provisions” means the provisions of Part 1 of

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the Police and Fire Reform (Scotland) Act 2012.

Director of Revenue and Customs Prosecutions

12    (1)  

This paragraph applies if, before the changeover, there has been no merger

of the offices of—

(a)   

the Director of Public Prosecutions, and

20

(b)   

the Director of Revenue and Customs Prosecutions.

      (2)  

In relation to the DRCP transitional period, the reference to the Director of

Public Prosecutions in paragraph (i)(i) of the definition of permitted purpose

in section 15(1) has effect as if it included a reference to the Director of

Revenue and Customs Prosecutions.

25

      (3)  

In this paragraph—

(a)   

a reference to a merger of offices is a reference to a Minister merging

the offices by order under section 2 of the Public Bodies Act 2011;

(b)   

“DRCP transitional period” means the period which—

(i)   

begins with the changeover, and

30

(ii)   

ends when there is a merger of the offices of the Director of

Public Prosecutions and the Director of Revenue and

Customs Prosecutions.

Interpretation

13         

In this Part of this Schedule—

35

“changeover” means the time when section 1 comes into force;

“NPIA” means the National Policing Improvement Agency;

“SOCA” means the Serious Organised Crime Agency.

Part 2

Minor and consequential amendments and repeals

40

Explosives Act 1875 (c. 17)

14    (1)  

Section 75 of the Explosives Act 1875 is amended in accordance with this

paragraph.

 
 

 
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Revised 20 December 2012