Crime and Courts Bill (HC Bill 137)

Part 8 General

Payment of revenue to the Commissioners

25 (1) The Director General must pay to the Commissioners any money received
5by way of proceeds of forfeitures—

(a) by the Director General in the exercise of any power of the
Commissioners, or

(b) by the Director General or any other NCA officer in the exercise of
any power of an officer of Revenue and Customs.

(2) 10In this section “proceeds of forfeitures” means—

(a) the proceeds of forfeitures made under the customs and excise Acts
(within the meaning of section 1 of the Customs and Excise
Management Act 1979), and

(b) a sum paid, or the proceeds of sale, under paragraph 16 of Schedule
153 to that Act.

Modification of references

26 If, in accordance with section 8(1) or any provision of this Schedule—

(a) a power of the Commissioners is exercisable by the Director General,
a reference to the Commissioners in any enactment which relates to
20that power is to be taken to be, or to include, a reference to the
Director General;

(b) a power or privilege of a constable is exercisable by any NCA officer,
a reference to a constable in any enactment which relates to that
power or privilege is to be taken to be, or to include, a reference to
25any NCA officer by whom that power or privilege is exercisable;

(c) a power of an officer of Revenue and Customs is exercisable by any
NCA officer, a reference to an officer of Revenue and Customs in any
enactment which relates to that power is to be taken to be, or to
include, a reference to any NCA officer by whom that power is
30exercisable;

(d) a power of an immigration officer is exercisable by any NCA officer,
a reference to an immigration officer in any enactment which relates
to that power is to be taken to be, or to include, a reference to any
NCA officer by whom that power is exercisable.

35Power to make further provision

27 (1) The relevant national authority may, by order, make such provision as that
authority considers appropriate in consequence of—

(a) the Director General having the powers of the Commissioners under
section 8(1), or

(b) 40designated officers having operational powers.

(2) An order under this paragraph may, in particular—

(a) provide for the Director General or designated officers to benefit
from exemptions or other protection in respect of the exercise of
operational powers;

(b) provide for the disclosure of information to, or the doing of other
things in relation to, the Director General or designated officers;

(c) confer functions on the Director General or any other person;

(d) provide for a class of NCA officers (whether identified by reference
5to a grade or pay scale or otherwise) to be treated as the equivalent
of—

(i) one or more ranks in a UK police force;

(ii) one or more grades of, or pay scales applicable to, officers of
Revenue and Customs;

(iii) 10one or more grades of, or pay scales applicable to,
immigration officers.

(3) In this paragraph “designated officers” includes a description of such
officers.

Functions of third parties relating to constables etc: extension to NCA

28 (1) 15The relevant national authority may, by order, provide for a relevant
function of a person to be exercisable by that person in relation to—

(a) the NCA,

(b) the Director General, or

(c) NCA officers (or any description of NCA officers).

(2) 20In this paragraph “relevant function” means a function exercisable by any
person in relation to—

(a) a constable,

(b) a UK police force,

(c) an officer of Revenue and Customs,

(d) 25the Commissioners, or

(e) an immigration officer.

General provision about orders

29 (1) The power to make an order under paragraph 27 or 28 may, in particular, be
exercised by—

(a) 30amending, repealing, revoking or otherwise modifying any
provision made by or under an enactment, or

(b) applying an enactment (with or without modifications).

(2) The Secretary of State must consult—

(a) the Commissioners before exercising the power conferred by
35paragraph 27 or 28 in relation to an enactment which (expressly or
otherwise) confers any function on the Commissioners or an officer
of Revenue and Customs;

(b) the Scottish Ministers before exercising the power conferred by
paragraph 27 or 28 in relation to an enactment which extends to
40Scotland;

(c) the Department of Justice in Northern Ireland before exercising the
power conferred by paragraph 27 or 28 in relation to an enactment
which extends to Northern Ireland.

(3) In this paragraph “enactment” includes a description of enactments.

Interpretation

30 In this Schedule—

• “Commissioners” means the Commissioners for Her Majesty’s
  Revenue and Customs;

• 5“designated officer” means the Director General or any other NCA
  officer if designated as having operational powers;

• “designation” means—

  (a)

  a designation of the Director General under section 8, or

  (b)

  a designation of any other NCA officer under section 9;

  10and “designated” and cognate expressions are to be construed
  accordingly;

• “limitation” means a limitation included in a designation under
  paragraph 6;

• “Northern Ireland devolved provision”, in relation to provision of an
  15order under this Schedule, means provision which would be within
  the legislative competence of the Northern Ireland Assembly if
  contained in an Act of the Northern Ireland Assembly;

• “powers and privileges of a constable that are exercisable overseas”
  means the powers and privileges of a constable if, and to the extent
  20that, they are exercisable outside the United Kingdom and the
  United Kingdom waters;

• “powers and privileges of an English and Welsh constable” means the
  powers and privileges of a constable if, and to the extent that, they
  are exercisable in England and Wales or the adjacent United
  25Kingdom waters;

• “powers and privileges of a Northern Ireland constable” means the
  powers and privileges of a constable if, and to the extent that, they
  are exercisable in Northern Ireland or the adjacent United Kingdom
  waters;

• 30“powers and privileges of a Scottish constable” means the powers and
  privileges of a constable if, and to the extent that, they are exercisable
  in Scotland or the adjacent United Kingdom waters;

• “relevant national authority”, in relation to a power to make an order
  under this Schedule, means—

  (a)

  35the Secretary of State, except in relation to Scottish devolved
  provision and Northern Ireland devolved provision;

  (b)

  the Scottish Ministers, in relation to Scottish devolved
  provision;

  (c)

  the Department of Justice in Northern Ireland, in relation to
  40Northern Ireland devolved provision;

• “Scottish devolved provision”, in relation to provision of an order
  under this Schedule, means provision that would be within the
  legislative competence of the Scottish Parliament if contained in an
  Act of the Scottish Parliament, except for any provision of the kind
  45referred to in paragraph 27(2)(d);

• “United Kingdom waters” means the sea and other waters within the
  seaward limits of the United Kingdom’s territorial sea.

Section 10

SCHEDULE 6 Inspections and complaints

Part 1 Inspections

5Inspections in Scotland

1 (1) Before making a request for an inspection that would fall to be carried out
wholly or partly in Scotland, the Secretary of State must consult the Scottish
Ministers.

(2) HMIC may carry out an inspection jointly with the Scottish inspectors—

(a) 10if it is carried out wholly in Scotland, or

(b) in a case where it is carried out partly in Scotland, to the extent that
it is carried out there.

(3) Before deciding whether or not to carry out such an inspection jointly with
the Scottish inspectors, HMIC must consult the Scottish inspectors.

15Inspections in Northern Ireland

2 Before making a request for an inspection that would fall to be carried out
wholly or partly in Northern Ireland, the Secretary of State must consult the
Department of Justice in Northern Ireland.

Publication of HMIC reports

3 (1) 20The Secretary of State must arrange for every HMIC report received to be
published in such manner as the Secretary of State considers appropriate.

(2) But the Secretary of State may exclude from publication any part of an HMIC
report if, in the Secretary of State’s opinion, the publication of that part—

(a) would be against the interests of national security,

(b) 25could prejudice the prevention or detection of crime, the
apprehension of offenders, or the prosecution of offences, or

(c) might jeopardise the safety of any person.

(3) The Secretary of State must send a copy of the published report—

(a) to the NCA; and

(b) 30if the inspection was carried out wholly or partly in Scotland, to the
Scottish Ministers; and

(c) if the inspection was carried out wholly or partly in Northern
Ireland, to the Department of Justice in Northern Ireland.

NCA response

4 (1) 35The Director General must—

(a) prepare comments on each HMIC report as published by the
Secretary of State; and

(b) arrange for those comments to be published in such manner as the
Director General considers appropriate.

(2) The Director General must send a copy of any document published under
sub-paragraph (1)(b)—

(a) to the Secretary of State; and

(b) if the inspection was carried out wholly or partly in Scotland, to the
5Scottish Ministers; and

(c) if the inspection was carried out wholly or partly in Northern
Ireland, to the Department of Justice in Northern Ireland.

Disclosure of information

5 (1) The Director General must—

(a) 10provide to a policing inspectorate such information and documents
specified or described in a notification given by the inspectorate to
the Director General, and

(b) produce or deliver up to the inspectorate all such evidence and other
things so specified or described,

15as appear to the inspectorate to be required for the purposes of the exercise
of an NCA inspection function.

(2) Anything that the Director General is obliged to provide, produce or deliver
up by virtue of a requirement imposed under sub-paragraph (1) must be
provided, produced or delivered up in such form and manner, and within
20such period, as may be specified—

(a) in the notification imposing the requirement, or

(b) in any subsequent notification given by the inspectorate to the
Director General.

(3) Nothing in this paragraph requires the Director General—

(a) 25to comply with an obligation imposed under sub-paragraph (1)
before the earliest time at which it is practicable to do so, or

(b) to comply at all with any such obligation if it never becomes
practicable to do so.

(4) An NCA officer may disclose information to any policing inspectorate for
30the purposes of the exercise by any policing inspectorate of an NCA
inspection function.

(5) The Secretary of State may, by regulations, make—

(a) further provision about the disclosure of information under sub-
paragraph (1) or (4);

(b) 35provision about the further disclosure of information that has been
disclosed under sub-paragraph (1) or (4).

(6) Such regulations may, in particular—

(a) modify any provision of Schedule 7 in its application to such a
disclosure, or

(b) 40disapply any such provision from such a disclosure.

Access to premises

6 (1) The Director General must secure that a policing inspectorate is given access
to premises occupied for the purposes of the NCA and access to documents
and other things on those premises if—

(a) 45the inspectorate requires such access, and

(b) the requirement is imposed for the purposes of the exercise of an
NCA inspection function.

(2) Where there are reasonable grounds for not allowing the inspectorate to
have the required access at the time at which the inspectorate seeks to have
5it, the obligation under sub-paragraph (1) has effect as an obligation to
secure that the required access is allowed to the inspectorate at the earliest
practicable time specified by the inspectorate after there cease to be any such
grounds.

Interpretation

7 10In this Part of this Schedule—

• “HMIC” means Her Majesty’s Inspectors of Constabulary;

• “HMIC report” means a report under section 10(3);

• “document” means anything in which information of any description is
  recorded;

• 15“inspection” means an inspection under section 10(1) or (2);

• “NCA inspection function” means a function in relation to the
  inspection of the NCA;

• “policing inspectorate” means—

  (a)

  HMIC or any person carrying out the functions of the HMIC,
  20and

  (b)

  the Scottish inspectors or any person carrying out the
  functions of the Scottish inspectors.

• “request” means a request under section 10(2) for an inspection;

• “Scottish inspectors” means the inspectors of constabulary for which
  25Part 1 of the Police and Fire Reform (Scotland) Act 2012 provides.

Part 2 Complaints: other amendments

Police Reform Act 2002

8 The Police Reform Act 2002 is amended as follows.

9 (1) 30Section 10 (general functions of the IPCC) is amended in accordance with
this paragraph.

(2) In subsection (1)—

(a) in paragraph (g), for “Serious Organised Crime Agency” substitute
“National Crime Agency”;

(b) 35omit paragraph (h).

(3) In subsection (3), for paragraphs (ba) and (bb) substitute—

“(bc) any regulations under section 26C of this Act (the National
Crime Agency);”.

(4) Omit subsection (9).

10 (1) 40Section 11 (reports to the Secretary of State) is amended in accordance with
this paragraph.

(2) In subsection (6)—

(a) omit paragraphs (b) and (e);

(b) after paragraph (e) insert—

“(f) to the National Crime Agency.”.

(3) In subsection (8), for “Serious Organised Crime Agency” substitute
5“National Crime Agency”.

(4) Omit subsection (9A).

(5) In subsection (10)—

(a) omit paragraphs (d) and (h);

(b) in paragraph (g), omit “and”;

(c) 10after paragraph (h) insert “; and

(i) the National Crime Agency.”.

11 (1) Section 15 (general duties) is amended in accordance with this section.

(2) In subsection (1A), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.

(3) 15Omit subsection (1B).

(4) In subsection (3)(c)—

(a) for “Serious Organised Crime Agency” substitute “National Crime
Agency”;

(b) for “member of the staff of that Agency” substitute “National Crime
20Agency officer”.

(5) In subsections (4)(c) and (5)(c), for “Serious Organised Crime Agency”
substitute “National Crime Agency”.

(6) In subsection (6)—

(a) for “Serious Organised Crime Agency” substitute “National Crime
25Agency”;

(b) in paragraph (a), for “member of the staff of the Agency” substitute
“a National Crime Agency officer”.

(7) In subsection (7), for “member of the staff of the Serious Organised Crime
Agency” substitute “National Crime Agency officer”.

(8) 30In subsection (8), for “member of the staff of the Serious Organised Crime
Agency” substitute “National Crime Agency officer”.

(9) Omit subsection (8A).

(10) In subsection (9)—

(a) in paragraph (a), for “member of the staff of the Serious Organised
35Crime Agency” substitute “National Crime Agency officer”;

(b) in paragraph (b), for “member of the staff of the Agency” substitute
“National Crime Agency officer”.

(11) In subsection (10), omit paragraph (b) (and the word “and” at the end of
paragraph (a)).

12 (1) 40Section 16 (payment for assistance with investigations) is amended in
accordance with this paragraph.

(2) In subsection (5)(a), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.

(3) In subsection (6), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.

13 5Omit section 16A (investigations: NPIA involvement).

14 In section 17, omit subsection (6).

15 Omit sections 26A and 26B (agreements about complaints about the Serious
Organised Crime Agency or the National Policing Improvement Agency).

16 In section 29 (interpretation of Part 2), in subsection (3), for paragraphs (b)
10and (c) substitute—

“(ca) a National Crime Agency officer; or”.

17 (1) Schedule 3 (handling of complaints and conduct matters etc) is amended in
accordance with this paragraph.

(2) In paragraph 16(3), for paragraphs (b) and (c) substitute—

“(d) 15a National Crime Agency officer,”.

(3) In paragraph 17(2), for paragraphs (b) and (c) substitute—

“(d) a National Crime Agency officer,”.

Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and
Modifications) Order 2007

18 (1) 20The Police, Public Order and Criminal Justice (Scotland) Act 2006
(Consequential Provisions and Modifications) Order 2007(the “2007 Order”)
is amended in accordance with this paragraph.

(2) In article 2 (interpretation), for paragraph (d) substitute—

“(d) NCA” means the National Crime Agency;

(e) 25“NCA officer” means a National Crime Agency officer.”.

(3) In article 4 (agreements to establish complaints procedures), in paragraph
(7)—

(a) omit sub-paragraph (b)(iv);

(b) omit sub-paragraph (c)(iii);

(c) 30after sub-paragraph (c) insert—

“(d) any statement made by a person who is, or has been,
an NCA officer about the terms and conditions of
their service;”.

(4) The amendments of the 2007 Order made by section 10 and this Schedule
35may be amended or revoked as if made in the exercise of the powers under
which the 2007 Order was made.

Police (Northern Ireland) Act 1998

19 In section 61 of the Police (Northern Ireland) Act 1998 (reports), in
subsection (5)(c), for “Serious Organised Crime Agency” substitute
40“National Crime Agency”.

Section 11

SCHEDULE 7 Information: restrictions on disclosure

Part 1 Statutory restrictions

1 5This Part of this Act does not authorise or require—

(a) a disclosure, in contravention of any provisions of the Data
Protection Act 1998, of personal data which are not exempt from
those provisions, or

(b) a disclosure which is prohibited by Part 1 of the Regulation of
10Investigatory Powers Act 2000.

Part 2 Restrictions on disclosures of particular types of information

HMRC & customs information

2 (1) An NCA officer must not disclose—

(a) 15HMRC information,

(b) personal customs information, or

(c) personal customs revenue information,

unless the relevant authority consents to the disclosure.

(2) If an NCA officer has disclosed—

(a) 20HMRC information,

(b) personal customs information, or

(c) personal customs revenue information,

to a person, that person must not further disclose that information unless the
relevant authority consents to the disclosure.

(3) 25In this paragraph—

• “HMRC information” means information obtained by the NCA from
  the Commissioners or a person acting on behalf of the
  Commissioners;

• “personal customs information” and “personal customs revenue
  30information” have the same meanings as in the Borders, Citizenship
  and Immigration Act 2009 (see section 15(4) of that Act);

• “relevant authority” means—

  (a)

  the Commissioners or an officer of Revenue and Customs (in
  the case of a disclosure or further disclosure of HMRC
  35information);

  (b)

  the Secretary of State or a designated general customs official
  (in the case of a disclosure or further disclosure of personal
  customs information);

  (c)

  the Director of Border Revenue or a designated customs
  40revenue official (in the case of a disclosure or further
  disclosure of personal customs revenue information).

Social security information

3 (1) An NCA officer must not disclose social security information unless the
relevant authority consents to the disclosure.

(2) If an NCA officer has disclosed social security information to a person, that
5person must not further disclose that information unless the relevant
authority consents to the disclosure.

(3) In this paragraph—

• “relevant authority” means—

  (a)

  the Secretary of State (in the case of a disclosure or further
  10disclosure of information held, when disclosed to the NCA,
  for the purposes of the functions of the Secretary of State);

  (b)

  the Department for Social Development in Northern Ireland
  (in the case of a disclosure or further disclosure of
  information held, when disclosed to the NCA, for the
  15purposes of the functions of a Northern Ireland department);

• “social security information” means information which, when
  disclosed to the NCA, was information held for the purposes of any
  of the following functions of the Secretary of State or a Northern
  Ireland Department—

  (a)

  20functions relating to social security, including functions
  relating to—

  (i)

  statutory payments as defined in section 4C(11) of the
  Social Security Contributions and Benefits Act 1992;

  (ii)

  maternity allowance under section 35 of that Act;

  (iii)

  25statutory payments as defined in section 4C(11) of the
  Social Security Contributions and Benefits (Northern
  Ireland) Act 1992;

  (iv)

  maternity allowance under section 35 of that Act;

  (v)

  schemes and arrangements under section 2 of the
  30Employment and Training Act 1973;

  (b)

  functions relating to the investigation and prosecution of
  offences relating to tax credits.

Intelligence service information

4 (1) An NCA officer must not disclose intelligence service information unless the
35relevant authority consents to the disclosure.

(2) If an NCA officer has disclosed intelligence service information to a person,
that person must not further disclose that information unless the relevant
authority consents to the disclosure.

(3) In this paragraph—

• 40“intelligence service” means—

  (a)

  the Security Service,

  (b)

  the Secret Intelligence Service, or

  (c)

  GCHQ (which has the same meaning as in the Intelligence
  Services Act 1994);

• 45“intelligence service information” means information obtained from an
  intelligence service or a person acting on behalf of an intelligence
  service;

Crime and Courts BillPage 90

• “relevant authority” means—

  (a)

  the Director-General of the Security Service (in the case of
  information obtained by the NCA from that Service or a
  person acting on its behalf);

  (b)

  5the Chief of the Secret Intelligence Service (in the case of
  information obtained by the NCA from that Service or a
  person acting on its behalf);

  (c)

  the Director of GCHQ (in the case of information obtained
  from GCHQ or a person acting on its behalf).

10Arrangements for publishing information

5 The Director General must not disclose information if the disclosure would
be in breach of a requirement that is imposed on the Director General by the
framework document in accordance with section 5(2).

Part 3 15Restrictions on further disclosures of information

Information generally

6 (1) If an NCA officer has disclosed information to a person (the “original
recipient”), that person must not further disclose the information unless—

(a) the disclosure is—

(i) 20for a purpose connected with any relevant function of the
original recipient, or

(ii) otherwise for a permitted purpose, and

(b) the Director General consents to the disclosure.

(2) This paragraph does not apply to a further disclosure of information if—

(a) 25paragraph 7 or 8 applies, or

(b) the NCA officer’s disclosure to the original recipient was a
disclosure—

(i) to the Lord Advocate for the purposes of the exercise of the
functions of the Lord Advocate under Part 3 of PCA 2002, or

(ii) 30to the Scottish Ministers for the purposes of the exercise of the
functions of the Scottish Ministers under, or in relation to,
Part 5 of PCA 2002;

and for provision about the further disclosure of such information,
see section 441 of PCA 2002.

(3) 35In this paragraph “relevant function” means any function of the original
recipient for the purposes of which the information was disclosed to that
recipient.

Information obtained under Part 6 of PCA 2002 & disclosed to Commissioners

7 (1) This paragraph applies to information disclosed by an NCA officer under
40section 6(7) to the Commissioners.

(2) The information may be further disclosed by the Commissioners only if the
disclosure is—

(a) for a purpose connected with any relevant function of the
Commissioners, or

(b) otherwise for a permitted purpose.

(3) The information may be further disclosed by a person other than the
5Commissioners only if—

(a) the disclosure is—

(i) for a purpose connected with any relevant function of the
Commissioners, or

(ii) otherwise for a permitted purpose, and

(b) 10the Director General consents to the disclosure.

(4) In this paragraph “relevant function” means any function of the
Commissioners for the purposes of which the information was disclosed.

Information obtained under Part 6 of PCA 2002 & disclosed to Lord Advocate

8 Information disclosed by an NCA officer under section 6(7) to the Lord
15Advocate may be further disclosed only if the disclosure is—

(a) by the Lord Advocate to the Scottish Ministers, and

(b) for the purpose of the exercise by the Scottish Ministers of their
functions under Part 5 of PCA 2002.

Part 4 20Published information: no restrictions on further disclosure

9 (1) This paragraph applies where an NCA officer discloses information, in
accordance with this Part of this Act, by—

(a) the inclusion of the information in an annual plan, framework
document or annual report, or

(b) 25the publication of the information in accordance with arrangements
made under section 5.

(2) None of the relevant restrictions applies to the further disclosure of that
information by any person.

(3) In this paragraph “relevant restriction” means any provision of this Part of
30this Act (however expressed) which prohibits or otherwise restricts the
further disclosure of information disclosed by an NCA officer (including a
provision which limits the purposes for which such information may be
further disclosed or which requires a person’s consent to be obtained before
the further disclosure).

35Part 5 Offences relating to wrongful disclosure of information

10 (1) An NCA officer commits an offence if—

(a) the NCA officer discloses information, and

(b) that disclosure breaches the duty under—

(i) 40paragraph 2(1) (disclosure of HMRC information, personal
customs information or personal revenue customs
information), or

(ii) paragraph 3(1) (disclosure of social security information).

(2) A person commits an offence if—

(a) the person further discloses information, and

(b) that further disclosure breaches the duty under—

(i) 5paragraph 2(2) (further disclosure of HMRC information,
personal customs information or personal revenue customs
information), or

(ii) paragraph 3(2) (further disclosure of social security
information).

(3) 10It is a defence for a person charged with an offence under this paragraph to
prove that the person reasonably believed—

(a) that the disclosure was lawful, or

(b) that the information disclosed had already and lawfully been made
available to the public.

(4) 15A prosecution for an offence under this paragraph—

(a) may be brought in England and Wales only with the consent of the
Director of Public Prosecutions;

(b) may be brought in Northern Ireland only with the consent of the
Director of Public Prosecutions for Northern Ireland.

(5) 20This paragraph is without prejudice to the pursuit of any remedy or the
taking of any action in relation to a breach of a relevant duty.

(6) A person guilty of an offence under this paragraph is liable on conviction on
indictment to either or both of the following—

(a) imprisonment for a term not exceeding 2 years;

(b) 25a fine.

(7) A person guilty of an offence under this paragraph is liable on summary
conviction to either or both of the following—

(a) imprisonment for a term not exceeding—

(i) 12 months on conviction in England and Wales;

(ii) 3012 months on conviction in Scotland;

(iii) 6 months on conviction in Northern Ireland;

(b) a fine not exceeding the statutory maximum.

(8) In relation to an offence committed before the commencement of section 282
of the Criminal Justice Act 2003 (increase in maximum sentence on summary
35conviction of offence triable either way), the reference in sub-paragraph
(7)(a)(i) to the period of 12 months is to be read as a reference to the period
of 6 months.

Part 6 General

40Consents

11 A consent to disclosure of information under any provision of this Schedule
may be given in relation to—

(a) a particular disclosure, or

(b) disclosures made in circumstances specified or described in the
consent.

Interpretation

12 In this Schedule—

• 5“Commissioners” means the Commissioners for Her Majesty’s
  Revenue and Customs;

• “PCA 2002” means the Proceeds of Crime Act 2002.

Section 14

SCHEDULE 8 Abolition of SOCA and NPIA

10Part 1 Transitional, transitory and saving provision

Transfer schemes

1 (1) The Secretary of State may make—

(a) one or more staff transfer schemes, and

(b) 15one or more property transfer schemes.

(2) The Secretary of State may include—

(a) provision under paragraph 2(1)(a)(iv) in a staff transfer scheme, or

(b) provision under paragraph 3(1)(c) in a property transfer scheme,

only if the Secretary of State considers that the provision is appropriate in
20connection with an order under section 2 (modification of NCA functions).

(3) The Secretary of State must lay before Parliament each staff transfer scheme
and each property transfer scheme that is made.

2 (1) A staff transfer scheme is a scheme which provides—

(a) for—

(i) 25a designated member of the staff of SOCA,

(ii) a designated constable in an England and Wales police force,

(iii) a designated member of the civilian staff of an England and
Wales police force, or

(iv) a designated member of the personnel or staff of any other
30person,

to become an NCA officer and, accordingly, to become employed in
the civil service of the state;

(b) for a designated member of the staff of the NPIA to become
employed in the civil service of the state—

(i) 35as an NCA officer, or

(ii) in the Home Office;

(c) so far as may be consistent with employment in the civil service of
the state, for the terms and conditions of the designated transferee’s
employment to have effect as the person’s terms and conditions of
40employment as an NCA officer or in the Home Office;

(d) for the transfer to the NCA or the Secretary of State of the rights,
powers, duties and liabilities of the employer under or in connection
with the designated transferee’s contract of employment;

(e) for anything done (or having effect as if done) before that transfer by
5or in relation to the employer in respect of such a contract or the
designated transferee to be treated as having been done by or in
relation to the NCA or the Secretary of State.

(2) A staff transfer scheme may provide for a period before a person became
employed in the civil service of the state under a staff transfer scheme to
10count as a period during which the person was employed in the civil service
of the state (and for the operation of the scheme not to be treated as having
interrupted the continuity of that period).

(3) A staff transfer scheme may provide for a person who would otherwise
become employed in the civil service of the state under a staff transfer
15scheme not to become so employed if the person gives notice objecting to the
operation of the scheme in relation to the person.

(4) A staff transfer scheme may provide for any person who would be treated
(whether by an enactment or otherwise) as being dismissed by the operation
of the scheme not to be so treated.

(5) 20A staff transfer scheme may provide for a person to become employed in the
civil service of the state despite any provision, of whatever nature, which
would otherwise prevent the person from being employed in the civil
service of the state.

(6) A staff transfer scheme may provide for a person’s secondment to SOCA or
25the NPIA to continue as a secondment of that person to the NCA.

(7) In the application of this paragraph to the transfer of a constable—

(a) a reference to employment (other than employment in the civil
service of the state) is a reference to service as a constable;

(b) a reference to a contract of employment is a reference to the terms
30and conditions of service as a constable;

(c) a reference to the employer is a reference to the chief officer of the
police force, and the policing body for the police force, in which the
constable serves.

3 (1) A property transfer scheme is a scheme providing for the transfer to the
35NCA of designated property, rights or liabilities from—

(a) SOCA,

(b) the chief officer of, or the policing body for, an England and Wales
police force, or

(c) any other person,

40or for the transfer to the NCA or the Secretary of State of designated
property, rights or liabilities from the NPIA.

(2) A property transfer scheme may—

(a) create rights, or impose liabilities, in relation to property or rights
transferred by virtue of the scheme;

(b) 45provide for anything done by or in relation to a transferor in
connection with any property, rights or liabilities transferred by the
scheme to be treated as done, or to be continued, by or in relation to
the NCA or the Secretary of State;

(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) 5apportion property, rights and liabilities;