Crime and Courts Bill [HL]

Session 2012 - 13
Internet Publications
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;
5
(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
10
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;
15
(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—
20
“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;
25
“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;
30
“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;
35
(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
40
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
45
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,
10

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.
15
      (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
20
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
25
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—
30
(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
35
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—
15
(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
20
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—
25
(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,
30
(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—
35
(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
40
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

25

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

30

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

35

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
20
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
25
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.
15
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.
20
      (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
25
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;
35
(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—
45
(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
15
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.