Crime and Courts Bill (HC Bill 137)

Immigration and Asylum Act 1999 (c. 33)1999 (c. 33)

64 The Immigration and Asylum Act 1999 is amended as follows.

65 In section 20 (supply of information to Secretary of State), in subsection
(1)(b), for “Serious Organised Crime Agency” substitute “National Crime
5Agency”.

66 (1) Section 21 (supply of information by Secretary of State) is amended in
accordance with this paragraph.

(2) In subsection (2), for paragraph (b) substitute—

“(b) the National Crime Agency, for use in connection with the
10discharge of any function of that Agency;”.

(3) Omit subsection (4).

Terrorism Act 2000 (c. 11)Terrorism Act 2000 (c. 11)

67 The Terrorism Act 2000 is amended as follows.

68 In section 19 (disclosure of information: duty), in subsection (7B), for
15“member of the staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.

69 In section 20 (disclosure of information: permission), in subsection (5), for
“member of the staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.

70 20In section 21ZA (arrangements with prior consent), in subsection (5), for
“member of the staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.

71 In section 21ZB (disclosure after entering into arrangements), in subsection
(4), for “member of the staff of the Serious Organised Crime Agency”
25substitute “National Crime Agency officer”.

72 In section 21A (failure to disclosure: regulated sector), in subsection (14), for
“member of the staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.

73 In section 21B (protected disclosures), in subsection (7), for “member of the
30staff of the Serious Organised Crime Agency” substitute “National Crime
Agency officer”.

74 (1) Section 21C (disclosures to SOCA) is amended in accordance with this
paragraph.

(2) In the title for “SOCA” substitute “the National Crime Agency”.

(3) 35In subsections (1) and (2), for “member of staff of the Serious Organised
Crime Agency” substitute “National Crime Agency officer”.

75 In section 21D (tipping off: regulated sector), in subsection (2)(d), for
“member of staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.

76 40In Schedule 14 (exercise of officers’ powers), in paragraph 4 (information),
for sub-paragraph (1)(d) substitute—

“(d) to the National Crime Agency;”.

Regulation of Investigatory Powers Act 2000 (c. 23)Regulation of Investigatory Powers Act 2000 (c. 23)

77 The Regulation of Investigatory Powers Act 2000 is amended as follows.

78 In section 6 (application for issue of an interception warrant), in subsection
(2), for paragraph (d) substitute—

“(d) 5the Director General of the National Crime Agency;”.

79 In section 17 (exclusion of matters from legal proceedings), in subsection (3),
omit paragraph (c).

80 In section 19 (offence for unauthorised disclosures), in subsection (2), omit
paragraph (c).

81 (1) 10Section 25 (interpretation of Chapter 2) is amended in accordance with this
paragraph.

(2) In subsection (1), in the definition of “relevant public authority”, for
paragraph (b) substitute—

• “(b)

  the National Crime Agency;”.

(3) 15In subsection (3A), for the words from “Serious” to the end substitute
“National Crime Agency include references to any National Crime Agency
officer.”.

82 In section 32 (authorisation of intrusive surveillance), in subsection (6), for
paragraph (k) substitute—

“(k) 20the Director General of the National Crime Agency and any
National Crime Agency officer who is designated for the
purposes of this paragraph by that Director General;”.

83 (1) Section 33 (rules of grant of authorisations) is amended in accordance with
this paragraph.

(2) 25In subsection (1A), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.

(3) In subsection (3A)—

(a) for “The Director General of the Serious Organised Crime Agency”
substitute “The Director General of the National Crime Agency”;

(b) 30for “member of staff of the Agency” substitute “National Crime
Agency officer”.

(4) In subsection (5)(a), for “member of the staff of the Serious Organised Crime
Agency” substitute “National Crime Agency officer”.

84 (1) Section 34 (grant of authorisation in the senior officer’s absence) is amended
35in accordance with this paragraph.

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

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

85 (1) 40Section 35 (notifications of authorisations for intrusive surveillance) is
amended in accordance with this paragraph.

(2) In subsection (1), for “SOCA” substitute “the National Crime Agency”.

(3) In subsection (10)—

(a) for “SOCA” substitute “the National Crime Agency”;

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

86 (1) 5Section 36 (approval required for authorisations to take effect) is amended
in accordance with this paragraph.

(2) In subsection (1), for paragraph (b) substitute—

“(b) a National Crime Agency officer;”.

(3) In subsection (6)(b) and (d), for “Director General of the Serious Organised
10Crime Agency” substitute “Director General of the National Crime Agency”.

87 In section 37 (quashing of police and Revenue and Customs authorisations
etc), in subsection (1), for paragraph (b) substitute—

“(b) a National Crime Agency officer;”.

88 In section 40 (information to be provided to Surveillance Commissioners),
15for paragraph (b) substitute—

“(b) every National Crime Agency officer,”.

89 In section 46 (restrictions on authorisations extending to Scotland), in
subsection (3), for paragraph (db) substitute—

“(db) the National Crime Agency;”.

90 20In section 49 (notices requiring disclosure), in subsection (1)(e), for “SOCA”
(in each place) substitute “the National Crime Agency”.

91 (1) Section 51 (cases in which key required) is amended in accordance with this
paragraph.

(2) In subsection (2)—

(a) 25for “SOCA” (in the first place) substitute “the National Crime
Agency”;

(b) in paragraph (aa)—

(i) for “SOCA” substitute “the National Crime Agency”;

(ii) for “Director General of the Serious Organised Crime
30Agency” substitute “Director General of the National Crime
Agency”.

(3) In subsections (3) and (6), for “Director General of the Serious Organised
Crime Agency” substitute “Director General of the National Crime Agency”.

92 In section 54 (tipping-off), in subsection (3)(a) and (b), for “SOCA” substitute
35“the National Crime Agency”.

93 (1) Section 55 (general duties of specified authorities) is amended in accordance
with this paragraph.

(2) In subsection (1), for paragraph (ba) substitute—

“(ba) the Director General of the National Crime Agency;”.

(3) 40For subsection (3A) substitute—

“(3A) The power of the Director General of the National Crime Agency to
delegate functions under paragraph 10 of Schedule 1 to the Crime

and Courts Act 2013 does not apply in relation to the Director
General’s duties under this section.”.

94 In section 56 (interpretation of Part 3), in subsection (1)—

(a) in paragraph (a) of the definition of “the police”, for “member of the
5staff of the Serious Organised Crime Agency” substitute “National
Crime Agency officer”;

(b) omit the definition of SOCA.

95 In section 58 (co-operation with and reports by section 57 Commissioner), in
subsection (1), omit paragraph (b).

96 10In section 65 (the Tribunal), in subsection (6), for paragraph (d) substitute—

“(d) the National Crime Agency;”.

97 In section 68 (Tribunal procedure), in subsection (7), omit paragraph (b).

98 (1) Section 76A (foreign surveillance operations) is amended in accordance with
this paragraph.

(2) 15In subsection (6)(a), for “Director General of the Serious Organised Crime
Agency” substitute “Director General of the National Crime Agency”.

(3) In subsection (11), in the definition of “United Kingdom officer”, for
paragraph (b) substitute—

• “(b)

  a National Crime Agency officer;”.

99 20In Schedule 1 (relevant public authorities), in Part 1 (relevant authorities for
purposes of sections 28 and 29), for paragraph 2 substitute—

“2 The National Crime Agency.”.

100 (1) Schedule 2 (persons having the appropriate permission) is amended in
accordance with this paragraph.

(2) 25In paragraph 2 (data obtained under warrant etc), in sub-paragraphs (3) and
(5), for “SOCA” substitute “the National Crime Agency,”.

(3) In paragraph 4 (data obtained under statute by other persons but without a
warrant), in sub-paragraph (2), for “SOCA” (in each place) substitute “the
National Crime Agency”.

(4) 30In paragraph 5 (data obtained without the exercise of statutory powers), in
sub-paragraph (3)(b), for “SOCA” substitute “the National Crime Agency”.

(5) In paragraph 6 (general requirements relating to the appropriate
permission), in sub-paragraphs (3A) and (6), for “member of staff of the
Serious Organised Crime Agency” substitute “National Crime Agency
35officer”.

Freedom of Information Act 2000 (c. 36)Freedom of Information Act 2000 (c. 36)

101 The Freedom of Information Act 2000 is amended as follows.

102 In section 23 (information supplied by, or relating to, bodies dealing with
security matters), in subsection (3), after paragraph (m) insert—

“(n) 40the National Crime Agency.”.

103 In section 84 (interpretation), in the definition of “government
department”—

(a) omit “or” at the end of paragraph (b);

(b) after paragraph (b) insert—

• “(ba)

  the National Crime Agency, or”.

104 In Schedule 1 (public authorities), in Part 6 (other public bodies and offices:
5general), omit the entry relating to the National Policing Improvement
Agency.

Criminal Justice and Court Services Act 2000 (c. 43)Criminal Justice and Court Services Act 2000 (c. 43)

105 (1) Section 71 of the Criminal Justice and Court Services Act 2000 (access to
driver licensing records) is amended in accordance with this paragraph.

(2) 10In subsection (1)—

(a) omit “to the National Policing Improvement Agency”;

(b) for “members of the staff of the Serious Organised Crime Agency”
substitute “National Crime Agency officers”.

(3) In subsection (2)—

(a) 15omit “to the National Policing Improvement Agency”;

(b) in paragraph (a)—

(i) after “which” insert “information may be made available to”;

(ii) for “members of the staff of the Serious Organised Crime
Agency” substitute “National Crime Agency officers”;

(iii) 20omit “may be given access to the information”;

(c) in paragraph (b), for “to which they have been given access”
substitute “made available to them”.

Vehicles (Crime) Act 2001 (c. 3)Vehicles (Crime) Act 2001 (c. 3)

106 In section 18 of the Vehicles (Crime) Act 2001 (register of registration plate
25suppliers), in subsection (7) omit “to the National Policing Improvement
Agency”.

Criminal Justice and Police Act 2001 (c. 16)Criminal Justice and Police Act 2001 (c. 16)

107 In section 97 of the Criminal Justice and Police Act 2001 (regulations for
police forces), in subsection (4), omit paragraph (a).

30Proceeds of Crime Act 2002 (c. 29)Proceeds of Crime Act 2002 (c. 29)

108 The Proceeds of Crime Act 2002 is amended as follows.

109 In section 2A (contribution to the reduction of crime), in subsections (2)(a)
and (3)(a), for “SOCA” substitute “the National Crime Agency”.

110 (1) Section 2B (SOCA and members of SOCA’s staff) is amended in accordance
35with this paragraph.

(2) For the title substitute “The National Crime Agency and its officers”.

(3) Omit subsection (1).

(4) In subsection (2)—

(a) for “SOCA” (in the first place) substitute “the National Crime
40Agency”;

(b) for “SOCA” (in each other place) substitute “that Agency”.

(5) Omit subsection (3).

111 (1) Section 3 (accreditation and training of financial investigators) is amended
in accordance with this paragraph.

(2) 5In subsection (1), for “National Policing Improvement Agency” substitute
“National Crime Agency”.

(3) In subsection (2), at the end of paragraph (b) insert “, and

(c) securing that decisions under that system which concern—

(i) the grant or withdrawal of accreditations, or

(ii) 10the monitoring of the performance of accredited
financial investigators,

are taken without regard to their effect on operations by the
National Crime Agency or any other person.”.

(4) In subsection (7), for “National Policing Improvement Agency” substitute
15“National Crime Agency”.

112 In section 41A (restraint orders: power to retain seized property etc), in
subsection (3), for paragraph (d) substitute—

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

113 In section 55 (sums received by designated officer), in subsection (8), for
20paragraph (h) substitute—

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

114 In section 72 (serious default in England and Wales), in subsection (9)(ba)—

(a) for “member of staff of SOCA” substitute “National Crime Agency
officer”;

(b) 25for “SOCA” (in the second place) substitute “the National Crime
Agency”.

115 In section 120A (restraint orders: power to retain seized property etc), in
subsection (3), for paragraph (c)—

“(c) a National Crime Agency officer;”.

116 30In section 139 (serious default in Scotland), in subsection (9)(ca)—

(a) for “member of staff of SOCA” substitute “National Crime Agency
officer”;

(b) for “SOCA” (in the second place) substitute “the National Crime
Agency”.

117 35In section 190A (restraint orders: power to retain seized property etc —
Northern Ireland), in subsection (3), for paragraph (d)—

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

118 In section 203 (sums received by chief clerk), in subsection (8), for paragraph
(h)—

“(h) 40a National Crime Agency officer.”.

119 In section 220 (serious default in Northern Ireland), in subsection (9)(ba)—

(a) for “member of staff of SOCA” substitute “National Crime Agency
officer”;

(b) for “SOCA” (in the second place) substitute “the National Crime
Agency”.

120 In section 316 (general interpretation), in subsection (1), in paragraphs (a)
and (c) of the definition of “enforcement authority”, for “SOCA” substitute
5“the National Crime Agency”.

121 (1) Section 317 (SOCA’s general Revenue functions) is amended in accordance
with this paragraph.

(2) In the title, for “SOCA’s” substitute “The National Crime Agency’s”.

(3) For “SOCA” (in each place) substitute “the National Crime Agency”.

122 10In section 318 (revenue functions regarding employment), for “SOCA” (in
each place) substitute “the National Crime Agency”.

123 In section 319 (source of income), for “SOCA” (in each place) substitute “the
National Crime Agency”.

124 (1) Section 321 (SOCA’s functions: transfers of value) is amended in accordance
15with this paragraph.

(2) In the title, for “SOCA’s” substitute “The National Crime Agency’s”.

(3) For “SOCA” (in each place) substitute “the National Crime Agency”.

125 (1) Section 322 (SOCA’s functions: certain settlements) is amended in
accordance with this paragraph.

(2) 20In the title, for “SOCA’s” substitute “The National Crime Agency’s”.

(3) For “SOCA” (in each place) substitute “the National Crime Agency”.

126 In section 324 (exercise of Revenue functions), for “SOCA” (in each place)
substitute “the National Crime Agency”.

127 (1) In section 325 (declarations), in subsection (2)—

(a) 25for “member of SOCA’s staff” substitute “National Crime Agency
officer”;

(b) for “any of SOCA’s functions” substitute “any function of the
National Crime Agency”;

(c) for “Director General of SOCA” substitute “Director General of the
30National Crime Agency”.

128 In section 330 (failure to disclose; regulated sector), in subsection (4)(b), for
“the Director General of SOCA” substitute “the Director General of the
National Crime Agency”.

129 In section 331 (failure to disclose: nominated officers in the regulated sector),
35in subsection (4), for “the Director General of SOCA” substitute “the Director
General of the National Crime Agency”.

130 In section 332 (failure to disclose: other nominated officers), in subsection
(4), for “the Director General of SOCA” substitute “the Director General of
the National Crime Agency”.

131 40In section 333A (tipping off: regulated sector), in subsection (2)(d), for
“member of staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.

132 In section 336 (nominated officer: consent), in subsections (2)(a), (3)(a) and
(4)(a), for “Director General of SOCA” substitute “Director General of the
National Crime Agency”.

133 In section 340 (interpretation), in subsection (13), for “Director General of
5SOCA” substitute “Director General of the National Crime Agency”.

134 In section 351 (applications for orders: supplementary), in subsection (5), for
“member of SOCA’s staff” (in each place) substitute “National Crime
Agency officer”.

135 In section 352 (search and seizure warrants), in subsection (5)—

(a) 10in paragraph (b), for “member of SOCA’s staff or” substitute
“National Crime Agency officer or a member”;

(b) in paragraph (d), for “member of SOCA’s staff” substitute “National
Crime Agency officer”.

136 In section 353 (requirements where production order not available), in
15subsection (10)—

(a) in paragraph (b), for “member of SOCA’s staff or” substitute
“National Crime Agency officer or a member”;

(b) in paragraph (d), for “member of SOCA’s staff” substitute “National
Crime Agency officer”.

137 20In section 357 (disclosure orders), for “member of SOCA’s staff” (in each
place) substitute “National Crime Agency officer”.

138 In section 362 (supplementary), in subsection (4A), for “member of SOCA’s
staff” (in each place) substitute “National Crime Agency officer”.

139 In section 369 (supplementary), for “member of SOCA’s staff” (in each place)
25substitute “National Crime Agency officer”.

140 In section 375 (supplementary), in subsection (4), for “member of SOCA’s
staff” (in each place) substitute “National Crime Agency officer”.

141 In section 377 (code of practice of Secretary of State etc), in subsection (1), for
paragraphs (a) and (b) substitute—

“(a) 30the Director General of the National Crime Agency;

(b) other National Crime Agency officers;”.

142 (1) Section 378 (officers) is amended in accordance with this paragraph.

(2) In subsection (1), for paragraph (a) substitute—

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

(3) 35In subsection (2), for paragraph (a) substitute—

“(a) a senior National Crime Agency officer;”.

(4) In subsection (3)—

(a) in paragraph (a), for “member of SOCA’s staff” substitute “National
Crime Agency officer”;

(b) 40in paragraph (b), for “senior member of SOCA’s staff” substitute
“senior National Crime Agency officer”.

(5) In subsection (5), for “Director General of SOCA” substitute “Director
General of the National Crime Agency”.

(6) In subsection (6A), for “a member of SOCA’s staff” substitute “a National
Crime Agency officer”.

(7) In subsection (8)—

(a) for “senior member of SOCA’s staff” substitute “senior National
5Crime Agency officer”;

(b) in paragraph (a), for “Director General of SOCA” substitute “Director
General of the National Crime Agency”;

(c) in paragraph (b), for “member of SOCA’s staff” substitute “other
National Crime Agency officer”.

143 10In section 416 (other interpretative provisions), in subsection (2), for
“member of SOCA’s staff” substitute “National Crime Agency officer”.

144 In section 438 (disclosure of information by certain directors), in subsection
(1)(fa), for “SOCA” substitute “the National Crime Agency”.

145 In section 439 (disclosure of information to Lord Advocate and to Scottish
15Ministers), in subsection (5)(b), for “SOCA” substitute “the National Crime
Agency”.

146 In section 443 (enforcement in different parts of the United Kingdom), in
subsection (3), for “SOCA” substitute “the National Crime Agency or its
officers”.

147 20In section 444 (external requests and orders), in subsection (4), for paragraph
(d) substitute—

“(d) the National Crime Agency;”.

148 In section 445 (external investigations), for “SOCA” substitute “the National
Crime Agency or its officers”.

149 (1) 25In section 449 (SOCA’s staff: pseudonyms) is amended in accordance with
this paragraph.

(2) In the title, for “SOCA’s staff” substitute “NCA officers”.

(3) In subsection (1)—

(a) in the words before paragraph (a), for “member of SOCA’s staff”
30substitute “National Crime Agency officer”;

(b) in paragraph (a), for “by SOCA to do anything” substitute “to do
anything on behalf of the National Crime Agency”;

(c) in paragraph (b), for “member of SOCA’s staff” substitute “National
Crime Agency officer”.

(4) 35In subsection (2), for “member of the SOCA’s staff” substitute “National
Crime Agency officer”.

(5) In subsections (3) (in each place) and (4), for “member of SOCA’s staff”
substitute “National Crime Agency officer”.

150 In Schedule 8 (forms of declarations)—

(a) 40for “SOCA” (in the first place) substitute “the National Crime
Agency”;

(b) for “SOCA” (in the second place) substitute “that Agency”;

(c) for “its” substitute “that Agency’s”.

Police Reform Act 2002 (c. 30)Police Reform Act 2002 (c. 30)

151 (1) In section 9 of the Police Reform Act 2002 (the Independent Police
Complaints Commission), in subsection (3)—

(a) in paragraph (da), omit “is or”;

(b) 5in paragraph (db), omit “is or”;

(c) after paragraph (db) substitute—

“(dc) the person is, or has been, a National Crime Agency
officer;”.

(2) In Schedule 3 to that Act (handling of complaints and conduct matters etc),
10in paragraph 19F(7), for paragraph (b) substitute—

“(b) the National Crime Agency.”

Sexual Offences Act 2003 (c. 42)Sexual Offences Act 2003 (c. 42)

152 In section 94 of the Sexual Offences Act 2003 (Part 2: supply of information
to Secretary of State etc for verification), in subsection (3), for paragraphs (b)
15and (c) substitute—

“(b) the Director General of the National Crime Agency.”

Energy Act 2004 (c. 20)Energy Act 2004 (c. 20)

153 (1) Section 59A of the Energy Act 2004 (constables serving with SOCA) is
amended in accordance with this paragraph.

(2) 20In 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
“National Crime Agency”;

(b) 25in paragraph (a), for “Serious Organised Crime Agency” substitute
“Director General of the National Crime Agency”.

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

Commissioners for Revenue and Customs Act 2005 (c. 11)Commissioners for Revenue and Customs Act 2005 (c. 11)

154 30In section 20 of the Commissioners for Revenue and Customs Act 2005, in
section 20 (public interest disclosure), in subsection (7)(a), for “national
Policing Improvement Agency” substitute “Secretary of State”.

Serious Organised Crime and Police Act 2005 (c. 15)Serious Organised Crime and Police Act 2005 (c. 15)

155 The Serious Organised Crime and Police Act 2005 is amended as follows.

156 35Omit Part 1 (the Serious Organised Crime Agency).

157 In section 62 (disclosure notices), in subsection (2), for paragraph (b)
substitute—

“(b) a National Crime Agency officer who is for the time being
designated under section 8 or 9 of the Crime and Courts Act
402013, or”.