Crime and Courts Bill (HC Bill 137)

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) 5employment by SOCA;

(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) 10service as an employee of SOCA;

(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) 15service as a member of the staff of NPIA.

Scottish police reform

11 (1) The power conferred by section 45 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
20of particular Scottish police reform provisions.

(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) 25to 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—

(i) an existing Scottish police force;

(ii) the Scottish Crime and Drugs Enforcement Agency;

(b) 30to the chief constable of 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—

(i) the chief constable of an existing Scottish police force;

(ii) the Scottish Crime and Drugs Enforcement Agency;

(iii) 35the Director General of that Agency;

(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) 40the Scottish Crime and Drugs Enforcement Agency;

(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
45or more of the following—

(i) constables in existing Scottish police forces;

(ii) police members of the Scottish Crime and Drugs
Enforcement Agency;

(iii) support staff members of the Scottish Crime and Drugs
Enforcement Agency.

(4) 5In this paragraph—

• “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;

• 10“existing Scottish police force” means a police force maintained under,
  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);

• 15“Scottish police reform provisions” means the provisions of Part 1 of
  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) 20the Director of Public Prosecutions, and

(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
25Revenue and Customs Prosecutions.

(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) 30begins with the changeover, and

(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 35In this Part of this Schedule—

• “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 40Minor and consequential amendments and repeals

Explosives Act 1875 (c. 17)Explosives Act 1875 (c. 17)

14 (1) Section 75 of the Explosives Act 1875 is amended in accordance with this
paragraph.

(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
5section 8 or 9 of the Crime and Courts Act 2013”.

Police (Property) Act 1897 (c. 30)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) 10In subsection (1), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.

(4) In subsection (2)—

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

(b) 15in paragraph (a) for “member of staff of that Agency” substitute
“National Crime Agency officer”.

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

Public Records Act 1958 (c. 51)Public Records Act 1958 (c. 51)

16 20In Schedule 1 to the Public Records Act 1958, in Part 2 of the table at the end
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)Offices, Shops and Railway Premises Act 1963 (c. 41)

17 25In section 90 of the Offices, Shops and Railway Premises Act 1963
(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)Parliamentary Commissioner Act 1967 (c. 13)

18 (1) 30Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
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) 35omit—

(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
40Agency—

(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)Firearms Act 1968 (c. 27)

19 5In the Firearms Act 1968, in section 54 (application of Parts 1 and 2 to Crown
Servants), in subsection (3), omit paragraph (c) (and the word “or” at the end
of paragraph (b)).

Superannuation Act 1972 (c. 11)Superannuation Act 1972 (c. 11)

20 In the Superannuation Act 1972, in Schedule 1 (kinds of employment etc
10referred to in section 1)—

(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.

15Health and Safety at Work etc. Act 1974 (c. 37)Health and Safety at Work etc. Act 1974 (c. 37)

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
20National Crime Agency officer”.

(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)House of Commons Disqualification Act 1975 (c. 24)

22 25In the House of Commons Disqualification Act 1975, in Schedule 1 (offices
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) 30in Part 3 (other disqualifying offices), omit the entry for members of
the staff of the Serious Organised Crime Agency.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)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) 35in 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
the staff of the Serious Organised Crime Agency.

Police Pensions Act 1976 (c. 35)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) 5paragraphs (ca) to (cd);

(ii) paragraph (cf);

(b) after paragraph (d) insert—

“(da) a National Crime Agency officer whose service as
such is eligible service;”

26 (1) 10Section 11 (interpretation) is amended in accordance with this paragraph.

(2) In subsection (1)—

(a) omit—

(i) paragraphs (ba) to (bd);

(ii) paragraph (bf);

(b) 15in paragraph (bfa) (inserted by Schedule 1 to the Police and Fire
Reform (Scotland) Act 2012 (Consequential Provisions and
Modifications) Order 2013), in sub-paragraph (vi), for “member of
staff of SOCA” substitute “National Crime Agency officer”;

(c) after paragraph (c) insert—

“(ca) 20eligible service as a National Crime Agency officer.”

(3) In subsection (2A)—

(a) for paragraph (c) substitute—

“(c) in relation to any such service as is mentioned in
subsection (1)(bfa)(vi) or subsection (1)(ca) above, or
25any service of the kind described in section 97(1)(cj) of
the Police Act 1996, “police pension authority” means
the Director General of the National Crime Agency
and “pension supervising authority” means the
Secretary of State;”;

(b) 30omit 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
service” for the purposes of this Act in any of the following cases.

(10) 35The 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
Director General, and

(b) 40the 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—

(a) immediately before beginning the service as a National
45Crime 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
member of a police pension scheme, and

(b) 5the 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.

(12) The third case is where—

(a) immediately before beginning the service as a National
10Crime 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
member of a police pension scheme, and

(b) the person becomes a National Crime Agency officer by
15virtue 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
scheme provided for under—

(a) section 1 above, or

(b) 20section 25(2)(k) or 26(2)(g) of the Police (Northern Ireland)
Act 1998.”

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)

27 In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in
Schedule 1 (ineligibility for and disqualification and excusal from jury
25service), in Group B in Part 1 (others concerned with the administration of
justice), for paragraph (nc) substitute—

“(nc) National Crime Agency officers;”.

Limitation Act 1980 (c. 58)Limitation Act 1980 (c. 58)

28 (1) In section 27A of the Limitation Act 1980 (actions for recovery of property
30obtained through unlawful conduct etc), in subsection (8), for paragraph (a)
substitute—

“(a) the National Crime Agency,”.

(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) 35the National Crime Agency,”.

Road Traffic Regulation Act 1984 (c. 27)Road Traffic Regulation Act 1984 (c. 27)

29 (1) Section 87 of the Road Traffic Regulation Act 1984 (exemptions from speed
limits) is amended in accordance with this paragraph.

(2) In that section (before its amendment by the Road Safety Act 2006), in
40subsection (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
subsection (1)(a), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.

Prosecution of Offences Act 1985 (c. 23)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)—

(a) before paragraph (b) insert—

“(ac) 5to take over the conduct of any criminal proceedings
instituted on behalf of the National Crime Agency;”;

(b) before paragraph (c) insert—

“(bc) where it appears to him appropriate to do so, to
institute and have the conduct of any criminal
10proceedings relating to a criminal investigation by the
National Crime Agency;”;

(c) after paragraph (ec) insert—

“(ed) to give advice, to such extent as he considers
appropriate and to such person as he considers
15appropriate, in relation to—

(i) criminal investigations by the National Crime
Agency, or

(ii) criminal proceedings arising out of such
investigations;”.

20Ministry of Defence Police Act 1987 (c. 4)Ministry of Defence Police Act 1987 (c. 4)

31 (1) Section 2C of the Ministry of Defence Police Act 1987 (constables serving
with SOCA) is amended in accordance with this paragraph.

(2) In the title, for “Serious Organised Crime Agency” substitute “National
Crime Agency”.

(3) 25In subsection (1)—

(a) for “Serious Organised Crime Agency” (in the first place) substitute
“National Crime Agency”;

(b) in paragraph (b), for “Serious Organised Crime Agency” substitute
“Director General of the National Crime Agency”.

(4) 30In subsection (2)(a), for “Serious Organised Crime Agency” substitute
“Director General of the National Crime Agency”.

Road Traffic Act 1988 (c. 52)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) 35In the first sentence—

(a) for “SOCA instructor” substitute “NCA instructor”;

(b) for “Serious Organised Crime Agency” substitute “National Crime
Agency”.

(3) In the second sentence—

(a) 40for “SOCA” substitute “NCA”;

(b) for “a member of staff of the Serious Organised Crime Agency”
substitute “an NCA officer”;

(c) for “members of the Agency’s staff” substitute “NCA officers”.

Security Service Act 1989 (c. 5)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
Crime Agency” substitute “National Crime Agency”.

35 5In section 2 (the Director General), in subsection (2)(c)—

(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”.

10Official Secrets Act 1989 (c. 6)Official Secrets Act 1989 (c. 6)

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)”.

15Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)S.I. 1989/1339 (N.I. 11))

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,”.

20Police Act 1996 (c. 16)Police Act 1996 (c. 16)

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 25In section 61 (the Police Negotiating Board for Great Britain), in subsection
(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
30paragraph (c)).

(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 35In section 64 (membership of trade unions), omit subsections (4C) and (4D).

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).

48 (1) Section 97 (police officers engaged on service outside their force) is amended
in accordance with this paragraph.

(2) In subsection (1)—

(a) 5omit—

(i) paragraph (cf);

(ii) paragraph (cg);

(b) after paragraph (ci) insert—

“(cj) temporary service as a National Crime Agency officer
10on which a person is engaged with the consent of the
appropriate authority;”.

(3) In subsection (6)(a)—

(a) omit “(cf), (cg)”;

(b) after “(ci)” insert “, (cj)”.

(4) 15In subsection (8), omit “(cf), (cg)”.

(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
20that police force.”

Employment Rights Act 1996 (c. 18)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
25member of its staff” substitute “National Crime Agency to serve as a
National Crime Agency officer”.

51 In section 134A (application to police), in subsection (3), for “Serious
Organised Crime Agency” substitute “National Crime Agency”.

Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)S.I. 1996/1299 (N.I. 9))

52 30The Proceeds of Crime (Northern Ireland) Order 1996 is amended as
follows.

53 (1) Article 49 (additional investigation powers) is amended in accordance with
this paragraph.

(2) In paragraph (1A), for “a senior member of staff of the Serious Organised
35Crime Agency” substitute “a senior National Crime Agency officer”.

(3) In paragraph (1B), for “a member of staff of the Serious Organised Crime
Agency” substitute “a National Crime Agency officer”.

(4) In paragraph (5), in the definition of “senior member of staff of the Serious
Organised Crime Agency”—

(a) 40for “a senior member of staff of the Serious Organised Crime
Agency” substitute “a senior National Crime Agency officer”;

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

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

54 5In Schedule 2 (financial investigations), in paragraph 3A(4)(a), for “member
of staff of the Serious Organised Crime Agency” substitute “National Crime
Agency officer”.

Police Act 1997 (c. 50)Police Act 1997 (c. 50)

55 The Police Act 1997 is amended as follows.

56 (1) 10Section 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—

“(f) 15the 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;”.

57 In section 94 (authorisations given in absence of authorising officer), in
subsection (2)(e), for “Director General of the Serious Organised Crime
20Agency” substitute “Director General of the National Crime Agency”.

58 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”.

59 In section 107 (supplementary provisions relating to Commissioners), in
25subsection (4)(b), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.

60 In section 113B (enhanced criminal record certificates)—

(a) in subsection (10), omit paragraphs (f) and (g);

(b) in subsection (11)(b), for “Serious Organised Crime Agency”
30substitute “National Crime Agency”.

Police (Northern Ireland) Act 1998 (c. 32)Police (Northern Ireland) Act 1998 (c. 32)

61 The Police (Northern Ireland) Act 1998 is amended as follows.

62 In section 27 (members of the Police Service of Northern Ireland engaged on
other police service), in subsection (1)—

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

(b) omit paragraph (cc).

Northern Ireland Act 1998 (c. 47)Northern Ireland Act 1998 (c. 47)

63 In the Northern Ireland Act 1998, in Schedule 3 (reserved matters), in
40paragraph 9(1), for sub-paragraph (g) substitute—

“(g) the National Crime Agency;”.