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 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
96

      (2)
In subsection (1), for “Director General of the Serious Organised Crime
Agency” substitute “Director General of the National Crime Agency”.
      (3)
In subsection (2), for the words from “means” to “2005” substitute “means a
National Crime Agency officer who is for the time being designated under
section 8 or 9 of the Crime and Courts Act 2013”.
5
Police (Property) Act 1897 (c. 30)
15    (1)
Section 2A of the Police (Property) Act 1897 (application to SOCA) is
amended in accordance with this paragraph.
      (2)
In the heading, for “SOCA” substitute “the National Crime Agency”.
      (3)
In subsection (1), for “Serious Organised Crime Agency” substitute
10
“National Crime Agency”.
      (4)
In subsection (2)—
(a)
for “Serious Organised Crime Agency” substitute “National Crime
Agency”;
(b)
in paragraph (a) for “member of staff of that Agency” substitute
15
“National Crime Agency officer”.
      (5)
In subsection (3), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.
Public Records Act 1958 (c. 51)
16
In Schedule 1 to the Public Records Act 1958, in Part 2 of the table at the end
20
of paragraph 3, omit—
(a)
the entry relating to the National Policing Improvement Agency;
(b)
the entry relating to the Serious Organised Crime Agency.
Offices, Shops and Railway Premises Act 1963 (c. 41)
17
In section 90 of the Offices, Shops and Railway Premises Act 1963
25
(interpretation), in subsection (4)(d), for the words from “Serious” to the end
substitute “National Crime Agency to serve as a National Crime Agency
officer”.
Parliamentary Commissioner Act 1967 (c. 13)
18    (1)
Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
30
subject to investigation) is amended in accordance with this paragraph.
      (2)
In the list of departments etc subject to investigation—
(a)
insert at the appropriate place—

“National Crime Agency.”;
(b)
omit—
35
(i)
the entry relating to the National Policing Improvement
Agency;
(ii)
the entry relating to the Serious Organised Crime Agency.
      (3)
In the notes after that list, in the note relating to the Serious Organised Crime
Agency—
40

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
97

(a)
for the title substitute “National Crime Agency”;
(b)
in the note, for “Serious Organised Crime Agency” substitute
“National Crime Agency”.
Firearms Act 1968 (c. 27)
19
In the Firearms Act 1968, in section 54 (application of Parts 1 and 2 to Crown
5
Servants), in subsection (3), omit paragraph (c) (and the word “or” at the end
of paragraph (b)).
Superannuation Act 1972 (c. 11)
20
In the Superannuation Act 1972, in Schedule 1 (kinds of employment etc
referred to in section 1)—
10
(a)
omit the entry for employment by the Serious Organised Crime
Agency;
(b)
omit the entry for employment as a member of the staff of the
National Policing Improvement Agency.
Health and Safety at Work etc. Act 1974 (c. 37)
15
21    (1)
Section 51A of the Health and Safety at Work etc. Act 1974 (application of
Part 1 to police) is amended in accordance with this paragraph.
      (2)
In subsection (2)(b), for “Serious Organised Crime Agency to serve as a
member of its staff” substitute “National Crime Agency to serve as a
National Crime Agency officer”.
20
      (3)
In subsection (2E), for paragraph (f) substitute—
“(f)
paragraph 2 of Schedule 4 to the Crime and Courts Act
2013;”.
House of Commons Disqualification Act 1975 (c. 24)
22
In the House of Commons Disqualification Act 1975, in Schedule 1 (offices
25
disqualifying for membership)—
(a)
in Part 2 (bodies of which all members are disqualified), omit—
(i)
the entry for the National Policing Improvement Agency;
(ii)
the entry for the Serious Organised Crime Agency;
(b)
in Part 3 (other disqualifying offices), omit the entry for members of
30
the staff of the Serious Organised Crime Agency.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
23
In the Northern Ireland Assembly Disqualification Act 1975, in Schedule 1
(offices disqualifying for membership)—
(a)
in Part 2 (bodies of which all members are disqualified), omit—
35
(i)
the entry for the National Policing Improvement Agency;
(ii)
the entry for the Serious Organised Crime Agency;
(b)
in Part 3 (other disqualifying offices), omit the entry for members of
the staff of the Serious Organised Crime Agency.

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
98

Police Pensions Act 1976 (c. 35)
24
The Police Pensions Act 1976 is amended as follows.
25
In section 7 (payment of pensions and contributions), in subsection (2)—
(a)
omit—
(i)
paragraphs (ca) to (cd);
5
(ii)
paragraph (cf);
(b)
after paragraph (d) insert—
“(da)
a National Crime Agency officer whose service as
such is eligible service;”
26    (1)
Section 11 (interpretation) is amended in accordance with this paragraph.
10
      (2)
In subsection (1)—
(a)
omit—
(i)
paragraphs (ba) to (bd);
(ii)
paragraph (bf);
(b)
after paragraph (c) insert—
15
“(ca)
eligible service as a National Crime Agency officer.
      (3)
In subsection (2A)—
(a)
in paragraph (c)—
(i)
for “paragraph (ba), (bb), (bc) or (bd)” substitute “paragraph
(ca)”;
20
(ii)
for “SOCA” substitute “the National Crime Agency”;
(b)
omit paragraph (f).
      (4)
In subsection (5), omit the definition of “SOCA”.
      (5)
After subsection (8) insert—
“(9)
A person’s service as a National Crime Agency officer is “eligible
25
service” for the purposes of this Act in any of the following cases.
(10)
The first case is where—
(a)
the person’s service as a National Crime Agency officer is—
(i)
service as the Director General, or
(ii)
service that is designated for this purpose by the
30
Director General, and
(b)
the person is (immediately before beginning that service) a
member, or eligible to be a member, of a police pension
scheme.
(11)
The second case is where—
35
(a)
immediately before beginning the service as a National
Crime Agency officer, the person—
(i)
is serving as a member of the staff of the Serious
Organised Crime Agency, and
(ii)
by virtue of that service is, or is eligible to be, a
40
member of a police pension scheme, and
(b)
the person becomes a National Crime Agency officer by
virtue of a scheme under paragraph 2 of Schedule 8 to the
Crime and Courts Act 2013.

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
99

(12)
The third case is where—
(a)
immediately before beginning the service as a National
Crime Agency officer, the person—
(i)
is serving as a member of a police force, and
(ii)
by virtue of that service is, or is eligible to be, a
5
member of a police pension scheme, and
(b)
the person becomes a National Crime Agency officer by
virtue of a scheme under paragraph 2 of Schedule 8 to the
Crime and Courts Act 2013.
(13)
In subsections (10) to (12) “police pension scheme” means a pension
10
scheme provided for under—
(a)
section 1 above, or
(b)
section 25(2)(k) or 26(2)(g) of the Police (Northern Ireland)
Act 1998.”
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
15
27
In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in
Schedule 1 (ineligibility for and disqualification and excusal from jury
service), in Group B in Part 1 (others concerned with the administration of
justice), for paragraph (nc) substitute—
“(nc)
National Crime Agency officers;”.
20
Limitation Act 1980 (c. 58)
28    (1)
In section 27A of the Limitation Act 1980 (actions for recovery of property
obtained through unlawful conduct etc), in subsection (8), for paragraph (a)
substitute—
“(a)
the National Crime Agency,”.
25
      (2)
In section 27B of that Act (actions for recovery of property for purposes of an
external order), in subsection (8), for paragraph (a) substitute—
“(a)
the National Crime Agency,”.
Road Traffic Regulation Act 1984 (c. 27)
29    (1)
Section 87 of the Road Traffic Regulation Act 1984 (exemptions from speed
30
limits) is amended in accordance with this paragraph.
      (2)
In that section (before its amendment by the Road Safety Act 2006), in
subsection (2)(a) and (b), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.
      (3)
In that section (after its amendment by the Road Safety Act 2006), in
35
subsection (1)(a), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.
Prosecution of Offences Act 1985 (c. 23)
30
In section 3 of the Prosecution of Offences Act 1985 (functions of the Director
of Public Prosecutions), in subsection (2)—
40
(a)
before paragraph (b) insert—
“(ac)
to take over the conduct of any criminal proceedings
instituted on behalf of the National Crime Agency;”;

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
100

(b)
before paragraph (c) insert—
“(bc)
where it appears to him appropriate to do so, to
institute and have the conduct of any criminal
proceedings relating to a criminal investigation by the
National Crime Agency;”;
5
(c)
after paragraph (ec) insert—
“(ed)
to give advice, to such extent as he considers
appropriate and to such person as he considers
appropriate, in relation to—
(i)
criminal investigations by the National Crime
10
Agency, or
(ii)
criminal proceedings arising out of such
investigations;”.
Ministry of Defence Police Act 1987 (c. 4)
31    (1)
Section 2C of the Ministry of Defence Police Act 1987 (constables serving
15
with SOCA) is amended in accordance with this paragraph.
      (2)
In the title, for “Serious Organised Crime Agency” substitute “National
Crime Agency”.
      (3)
In subsection (1)—
(a)
for “Serious Organised Crime Agency” (in the first place) substitute
20
“National Crime Agency”;
(b)
in paragraph (b), for “Serious Organised Crime Agency” substitute
“Director General of the National Crime Agency”.
      (4)
In subsection (2)(a), for “Serious Organised Crime Agency” substitute
“Director General of the National Crime Agency”.
25
Road Traffic Act 1988 (c. 52)
32    (1)
In section 124 of the Road Traffic Act 1988, subsection (1A) is amended in
accordance with this paragraph.
      (2)
In the first sentence—
(a)
for “SOCA instructor” substitute “NCA instructor”;
30
(b)
for “Serious Organised Crime Agency” substitute “National Crime
Agency”.
      (3)
In the second sentence—
(a)
for “SOCA” substitute “NCA”;
(b)
for “a member of staff of the Serious Organised Crime Agency”
35
substitute “an NCA officer”;
(c)
for “members of the Agency’s staff” substitute “NCA officers”.
Security Service Act 1989 (c. 5)
33
The Security Service Act 1989 is amended as follows.
34
In section 1 (the Security Service), in subsection (4), for “Serious Organised
40
Crime Agency” substitute “National Crime Agency”.
35
In section 2 (the Director General), in subsection (2)(c)—

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
101

(a)
for “Director General of the Serious Organised Crime Agency”
substitute “Director General of the National Crime Agency”;
(b)
for “Serious Organised Crime Agency” (in the second place)
substitute “National Crime Agency”.
Official Secrets Act 1989 (c. 6)
5
36
In the Official Secrets Act 1989, in section 12 (meanings of “crown servant”
and “government contractor”), in subsection (1)(e), for “of the Serious
Organised Crime Agency” substitute “an NCA special (within the meaning
of Part 1 of the Crime and Courts Act 2013)”.
Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))
10
37
In Article 72A of the Limitation (Northern Ireland) Order 1989 (actions for
recovery of property obtained through unlawful conduct etc), in paragraph
(8), for sub-paragraph (a) substitute—
“(a)
the National Crime Agency,”.
Police Act 1996 (c. 16)
15
38
The Police Act 1996 is amended as follows.
39
In section 57 (common services), in subsections (3A) and (4)(c), for “Serious
Organised Crime Agency” substitute “National Crime Agency”.
40
In section 59 (police federations), omit subsection (7A).
41
In section 61 (the Police Negotiating Board for Great Britain), in subsection
20
(1), omit paragraph (bb).
42    (1)
Section 62 (functions of the Police Negotiating Board with respect to
regulations) is amended in accordance with this paragraph.
      (2)
In subsection (1), omit paragraph (d) (and the word “or” at the end of
paragraph (c)).
25
      (3)
Omit subsections (1D) and (1E).
      (4)
In subsection (2), for “(1A), (1D) or (1E)” substitute “or (1A)”.
43
In section 63 (Police Advisory Boards for England and Wales and for
Scotland), omit subsections (1C) and (3)(c).
44
In section 64 (membership of trade unions), omit subsections (4C) and (4D).
30
45
In section 88 (liability for wrongful acts of constables), in subsection (5A), for
the words from “section 23” to “Agency” substitute “Part 3 of Schedule 3 to
the Crime and Courts Act 2013, a National Crime Agency officer”.
46
In section 90 (impersonation etc), omit subsection (4)(ab).
47
In section 91 (causing disaffection), omit subsection (2)(aa).
35
48    (1)
Section 97 (police officers engaged on service outside their force) is amended
in accordance with this paragraph.
      (2)
In subsection (1)—
(a)
omit—

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
102

(i)
paragraph (cf);
(ii)
paragraph (cg);
(b)
after paragraph (ci) insert—
“(cj)
temporary service as a National Crime Agency officer
on which a person is engaged with the consent of the
5
appropriate authority;”.
      (3)
In subsection (6)(a)—
(a)
omit “(cf), (cg)”;
(b)
after “(ci)” insert “, (cj)”.
      (4)
In subsection (8), omit “(cf), (cg)”.
10
      (5)
After subsection (8) insert—
“(8A)
A person who is member of a police force engaged on relevant
service within paragraph (cj) of subsection (1) shall be treated for the
purposes of sections 59, 60 and 64 as if the person were a member of
that police force.”
15
Employment Rights Act 1996 (c. 18)
49
The Employment Rights Act 1996 is amended as follows.
50
In section 43KA (application of this Part and related provisions to police), in
subsection (2)(b), for “Serious Organised Crime Agency to serve as a
member of its staff” substitute “National Crime Agency to serve as a
20
National Crime Agency officer”.
51
In section 134A (application to police), in subsection (3), for “Serious
Organised Crime Agency” substitute “National Crime Agency”.”
Police Act 1997 (c. 50)
52
The Police Act 1997 is amended as follows.
25
53    (1)
Section 93 (authorisations to interfere with property etc) is amended in
accordance with this paragraph.
      (2)
In subsections (1B) and (3)(b), for “member of the staff of the Serious
Organised Crime Agency” substitute “National Crime Agency officer”.
      (3)
In subsection (5), for paragraph (f) substitute—
30
“(f)
the Director General of the National Crime Agency, or any
other National Crime Agency officer who is designated for
the purposes of this paragraph by that Director General;”.
54
In section 94 (authorisations given in absence of authorising officer), in
subsection (2)(e), for “Director General of the Serious Organised Crime
35
Agency” substitute “Director General of the National Crime Agency”.
55
In section 97 (authorisations requiring approval), in subsection (6B)(b), for
“member of the staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.
56
In section 107 (supplementary provisions relating to Commissioners), in
40
subsection (4)(b), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.