SCHEDULE 8 continued PART 2 continued
Contents page 20-29 30-39 40-49 50-59 60-69 70-79 80-95 96-99 100-109 110-119 120-129 130-139 140-149 150-159 160-169 170-179 180-189 190-199 200-209 210-219 220-229 Last page
Crime and Courts BillPage 120
158
In section 82 (protection of persons involved in investigations or
proceedings), in subsection (5), for paragraph (d) substitute—
“(d) the Director General of the National Crime Agency;”.
159
(1)
Section 153 (disclosure of information about insurance status of vehicles) is
5amended in accordance with this paragraph.
(2)
In subsection (1), for “NPIA for it to process” substitute “the Secretary of
State for processing”.
(3) In subsection (3)(a) and (b), for “NPIA” substitute “the Secretary of State”.
(4) In subsection (4), omit the definition of “NPIA”.
160
(1)
10Section 172 (orders and regulations) is amended in accordance with this
paragraph.
(2) In subsection (4), omit “1(3),”.
(3) In subsection (5), omit paragraphs (a) and (b).
(4) In subsection (8), omit paragraph (a).
(5) 15In subsection (13), omit paragraph (a).
161
In section 175 (penalties for offences: transitional modification for England
and Wales), in subsection (3), in the table—
(a) omit the two entries relating to section 51;
(b) omit the two entries relating to section 57.
162 20In section 177 (interpretation), omit subsection (1).
163
In Schedule 5 (persons specified for the purposes of section 82: protection of
persons involved in investigations or proceedings), after paragraph 17
insert—
“17A A person who is or has been a National Crime Agency officer.”.
164
In the Gambling Act 2005, in Part 2 of Schedule 6 (exchange of information:
enforcement and regulatory bodies)—
(a) after the entry for the Horserace Betting Levy Board insert—
“The National Crime Agency”;
(b) 30omit the entry relating to the Serious Organised Crime Agency.
165 The Police and Justice Act 2006 is amended as follows.
166 Omit section 1 (National Policing Improvement Agency).
167
In section 13 (supply of information to police etc by Registrar General), in
35subsection (1)(c), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.
168 Omit Schedule 1 (National Policing Improvement Agency).
Crime and Courts BillPage 121
169
The Police, Public Order and Criminal Justice (Scotland) Act 2006 is
amended as follows.
170
In Schedule 4 (the Police Complaints Commissioner for Scotland), in
5paragraph 2(1) (disqualification for appointment as Commissioner)—
(a) in sub-paragraph (h)(ii), omit “or”;
(b) in sub-paragraph (i)—
(i) omit “is or”;
(ii) at the end insert “or”;
(c) 10after sub-paragraph (i) insert—
“(j) is or has been a National Crime Agency officer.”.
171
The Corporate Manslaughter and Corporate Homicide Act 2007 is amended
as follows.
172
15In section 13 (application to police forces), in subsection (3)(g), for the words
from “seconded” to “treated” substitute “seconded to the National Crime
Agency to serve as a National Crime Agency officer is to be treated”.
173
In Schedule 1 (list of Government Departments etc), after the entry relating
to the National Archives of Scotland insert—
20“National Crime Agency”.
174 The Serious Crime Act 2007 is amended as follows.
175
In section 5 (type of provision that may be made by orders), in subsection (7),
for paragraph (b) of the definition of “a law enforcement officer”,
25substitute—
“(b)
a National Crime Agency officer who is for the time being
designated under section 8 or 9 of the Crime and Courts Act
2013;”.
176
In section 39 (compliance with orders: authorised monitors), in subsection
30(10), for paragraph (b) of the definition of “law enforcement officer”,
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
2013;”.
177
In section 31 of the Crime and Security Act 2010 (guidance), in subsection
(3)—
(a) at the end of paragraph (a) insert “and”;
(b) omit paragraph (b).
Crime and Courts BillPage 122
178 The Equality Act 2010 is amended as follows.
179
In section 42 (identity of employer), in subsections (4) and (5), for “SOCA”
substitute “NCA”.
180 5In section 43 (interpretation), for subsection (5) substitute—
“(5)
NCA” means the National Crime Agency; and a reference to a
constable at NCA is a reference to a constable seconded to it to serve
as an NCA officer.”
181
In Schedule 19 (public authorities), in Part 1 (general), omit “The Serious
10Organised Crime Agency.”
182
In section 65 of the Police Reform and Social Responsibility Act 2011
(disqualification from election or holding office as police and crime
commissioner: police grounds), omit subsection (1)(h)(v).
183
In section 95 of the Protection of Freedoms Act 2012 (effect on police and
other records of disregard of conviction or caution), in subsection (5), in the
definition of the names database, for “National Policing Improvement
Agency” substitute “Secretary of State”.
184
In the following enactments, for “Serious Organised Crime Agency”
substitute “National Crime Agency” (and, where that expression appears in
25more than one place in such an enactment, that substitution is made in each
such place)—
Aviation Security Act 1982 | Section 24AE(4)(f) (aerodrome security plans) |
Section 24AG(2)(e) (security executive 30groups) |
|
Section 24AI(2)(c) (objections to proposals by security executive groups) |
|
Police and Criminal Evidence Act 1984 |
Section 63A(1A)(b) (fingerprints and samples: supplementary provision) |
Dartford-Thurrock Crossing Act 1988 |
35Section 19(a)(ia) (exemption from tolls) |
Criminal Appeal Act 1995 | Section 22(4)(aa) (meaning of public body etc) |
Crime and Courts BillPage 123
Domestic Violence, Crime and Victims Act 2004 |
In Schedule 9 (authorities within Commissioner’s remit), paragraph 13 |
Commissioners for Revenue and Customs Act 2005 |
Section 40(2)(ca)(ii) (confidentiality) |
Immigration, Asylum and Nationality Act 2006 |
5Section 39(2)(b) (disclosure to law enforcement agencies) |
Counter-Terrorism Act 2008 | In section 18E, paragraph (b) of the definition of “law enforcement authority” (sections 18 to 18E: supplementary 10provisions) |
Coroners and Justice Act 2009 | Section 75(2)(c) (qualifying criminal investigations) |
Section 161(2)(a)(i) (applications for exploitation proceeds order) |
|
15Section 166(9A) (exploitation proceeds orders) effect of conviction being quashed etc |
|
Terrorism Prevention and Investigation Measures Act 2011 |
In section 10 (criminal investigations into terrorism-related activity), paragraph (d) of 20the definition of “police force” |
185
In the following enactments, for “Director General of the Serious Organised
Crime Agency” substitute “Director General of the National Crime
Agency”—
Data Protection Act 1998 | 25In section 56 (prohibition of requirement as to production of certain records), entry 1(d) in the table |
Criminal Justice Act 2003 | Section 29(5)(cb) (new method of instituting proceedings) |
Commissioners for Revenue and Customs Act 2005 |
30Section 41(2)(e) (disclosure of information to Director of Revenue and Customs Prosecutions) |
Legal Services Act 2007 | Section 169(5)(d) (disclosure of information to the Legal Services Board) |
Coroners and Justice Act 2009 | 35Section 81(3) (delegation of functions) |
186 In the following enactments—
(a)
for “Serious Organised Crime Agency” substitute “National Crime
Agency”; and
Crime and Courts BillPage 124
(b)
for “Director General of the Serious Organised Crime Agency” or
“Director General of that Agency” substitute “Director General of the
National Crime Agency”—
Counter-Terrorism Act 2008 | Section 18(3G)(f) (material not subject to 5existing statutory restrictions) |
Coroners and Justice Act 2009 | Section 77(1)(c) (applications for investigation anonymity orders) |
Terrorism Prevention and Investigation Measures Act 2011 |
In section 10 (criminal investigations into terrorism-related activity), paragraph (d) of 10the definition of “chief officer” |
187 The following enactments are repealed to the extent specified—
Courts Act 2003 | Section 41(6)(c) (disqualification of lay justices who are members of SOCA etc) |
Coroners and Justice Act 2009 | 15Section 170 (amendments of Part 1 of the Serious Organised Crime and Police Act 2005) |
188 (1) In any relevant subordinate legislation—
(a)
a reference (however expressed) of a kind specified in an entry in the
first column of the following table is to be read as being, or including,
a reference of the kind specified in the corresponding entry in the
25second column of the table; and
(b) related expressions are to be read accordingly.
A reference to... | ...is or includes a reference to... |
---|---|
the Serious Organised Crime Agency |
the National Crime Agency |
the Director General of the Serious Organised Crime Agency |
30the Director General of the National Crime Agency |
the staff of the Serious Organised Crime Agency |
National Crime Agency officers |
a member of staff of the Serious Organised Crime Agency |
a National Crime Agency officer 35 |
(2)
The preceding provision of this paragraph is without prejudice to section 44
(consequential amendments).
Crime and Courts BillPage 125
(3)
In this paragraph “relevant subordinate legislation” means Orders in
Council, orders, rules, regulations, schemes, warrants, byelaws and other
instruments made before the end of the Session of Parliament in which this
Act is passed under—
(a) 5an Act of Parliament,
(b) an Act of the Scottish Parliament,
(c) an Act of the Northern Ireland Assembly, or
(d) a Measure or Act of the National Assembly for Wales.
Section 16
1 The County Courts Act 1984 is amended as follows.
2 (1) Section 3 (place and time of sittings) is amended as follows.
(2) 15For subsections (1) and (2) substitute—
“(1)
Sittings of the county court may be held, and any other business of
the county court may be conducted, anywhere in England and
Wales.
(1A)
Sittings of the county court at any place may be continuous or
20intermittent or occasional.
(2)
Sittings of the county court may be held simultaneously to take any
number of different cases in the same place or different places, and
the court may adjourn cases from place to place at any time.
(2A)
The places at which the county court sits, and the days and times at
25which it sits in any place, are to be determined in accordance with
directions given by the Lord Chancellor after consulting the Lord
Chief Justice.”
(3)
Omit subsection (4) (references to sittings of the court to include sittings by
a district judge).
(4)
30In subsection (5) (delegation of Lord Chief Justice’s functions under
subsection (1)) for “subsection (1)” substitute “this section”.
3 In section 4 (use of public buildings for courts)—
(a)
in subsection (1) for “county court is” substitute “sitting of the county
court is to be”,
(b)
35in subsection (1) after “for the purpose of holding” insert “the sitting
of”, and
(c)
in subsection (2) for “any court,” substitute “sittings of the county
court,”.
Crime and Courts BillPage 126
4 For section 5 (judges) substitute —
(1) A person is a judge of the county court if the person—
(a) is a Circuit judge,
(b)
5is a district judge (which, by virtue of section 8(1C), here
includes a deputy district judge appointed under section 8),
or
(c) is within subsection (2),
but see also section 9 of the Senior Courts Act 1981 (certain ex-judges
10may act as judges of the county court).
(2)
A person is within this subsection (and so, by virtue of subsection
(1)(c), is a judge of the county court) if the person—
(a) is the Lord Chief Justice,
(b) is the Master of the Rolls,
(c) 15is the President of the Queen’s Bench Division,
(d) is the President of the Family Division,
(e) is the Chancellor of the High Court,
(f)
is an ordinary judge of the Court of Appeal (including the
vice-president, if any, of either division of that court),
(g) 20is the Senior President of Tribunals,
(h) is a puisne judge of the High Court,
(i) is a deputy judge of the High Court,
(j) is the Judge Advocate General,
(k) is a Recorder,
(l) 25is a person who holds an office listed—
(i)
in the first column of the table in section 89(3C) of the
Senior Courts Act 1981 (senior High Court masters
etc), or
(ii)
in column 1 of Part 2 of Schedule 2 to that Act (High
30Court masters etc),
(m)
is a deputy district judge appointed under section 102 of that
Act,
(n)
is a Chamber President, or a Deputy Chamber President, of a
chamber of the Upper Tribunal or of a chamber of the First-
35tier Tribunal,
(o)
is a judge of the Upper Tribunal by virtue of appointment
under paragraph 1(1) of Schedule 3 to the Tribunals, Courts
and Enforcement Act 2007,
(p)
is a transferred-in judge of the Upper Tribunal (see section
4031(2) of that Act),
(q)
is a deputy judge of the Upper Tribunal (whether under
paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),
(r) is a District Judge (Magistrates’ Courts),
(s)
is a person appointed under section 30(1)(a) or (b) of the
45Courts-Martial (Appeals) Act 1951 (assistants to the Judge
Advocate General),
(t)
is a judge of the First-tier Tribunal by virtue of appointment
under paragraph 1(1) of Schedule 2 to the Tribunals, Courts
and Enforcement Act 2007,
Crime and Courts BillPage 127
(u)
is a transferred-in judge of the First-tier Tribunal (see section
31(2) of that Act), or
(v)
is a member of a panel of Employment Judges established for
England and Wales or for Scotland.”
5 (1) 5Section 6 (district judges) is amended as follows.
(2)
Omit subsections (2), (4) and (7) (which relate to the assignment of district
judges to county court districts).
(3)
In subsection (3) (interpretation of statutory and other references to district
judges) for the words after “of a county court” substitute “is—
(a) 10if the context permits, a reference to the county court, and
(b) otherwise is a reference to a judge of the county court.”
(4)
For the italic heading before the section substitute “District judges and deputy
district judges”.
6 (1) Section 8 (deputy district judges) is amended as follows.
(2)
15In subsection (1) (appointment to facilitate disposal of business in the county
courts) for “courts” substitute “court or any other court or tribunal to which
a person appointed under this subsection may be deployed”.
(3)
Omit subsections (1B) and (1D) (which relate to the assignment of deputy
district judges to county court districts).
(4)
20In subsection (1C) (deputy district judge to have powers of a district
judge)—
(a) omit “and assigned to a district”,
(b) omit “, while acting under his assignment,”, and
(c)
for “assigned to the district” substitute “other than a district judge’s
25power to act in a district registry of the High Court”.
7 (1) Section 12 (records of proceedings) is amended as follows.
(2)
For subsection (1) (district judge for a district to keep such records as may be
prescribed) substitute—
“(1)
The Lord Chancellor may by regulations made by statutory
30instrument provide for the keeping of records of and in relation to
proceedings of the county court.”
(3)
In subsection (2) (certified copies of entries) for “the district judge” substitute
“a judge of the county court”.
(4) In the title omit the words after “kept”.
8
(1)
35Section 13 (officers of court not to act as solicitors in that court) is amended
as follows.
(2)
In subsection (1) (officer of a county court and officer’s firm not to be
engaged as representative in any proceedings in that court, subject to
exception in subsection (4) for deputy district judges)—
(a) 40for the words from the beginning to “be” substitute—
“A fee-paid part-time judge of the county court may not act
as a judge of the court in relation to any proceedings in the
court in which—
Crime and Courts BillPage 128
(a) the judge,
(b) a partner or employer of the judge,
(c) a body of which the judge is a member or officer, or
(d)
a body of whose governing body the judge is a
5member,
is”, and
(b) omit “in any proceedings in that court”.
(3) Omit subsection (3) (which refers to a provision previously repealed).
(4)
Omit subsection (4) (provision about deputy district judges which is
10incorporated in the amended subsection (1)).
9 (1) Section 14 (penalty for assaulting officer of a court) is amended as follows.
(2) In subsection (1)—
(a) for “a court” substitute “the county court”,
(b) for “judge”, in both places, substitute “court”, and
(c) 15for “a bailiff” substitute “an officer”.
(3)
Omit subsection (3) (which provided for “judge” to include district judge
and deputies, but which will become superfluous as a result of amendments
made by this Schedule).
10
(1)
In sections 15 to 25, 27(9), 30 and 36 to 147 and Schedule 1 and in any
20uncommenced enactment that amends any of those provisions (but subject
to any specific amendments or repeals made by or under this Act)—
(a)
for “A county court”, in each place, substitute “The county court”,
and
(b) for “a county court”, in each place, substitute “the county court”.
(2) 25In sections 18 and 24(1) omit “specified in the memorandum”.
(3)
Omit sections 26, 27(1) to (8), 28, 31(1), 32, 33 and 59 (Admiralty, and
contentious probate, jurisdictions).
(4)
In section 27(9) for “No county court shall” substitute “The county court
does not”.
(5) 30In section 30 (actions in personam in collision etc cases)—
(a)
in subsections (2) and (4) for “No county court shall” substitute “The
county court may not”,
(b) in subsection (7) omit “(whether a county court or not)”, and
(c)
in subsection (8) for the words after “applies” substitute “generally in
35relation to the jurisdiction of the county court (and not only in
relation to any jurisdiction that may be conferred on the county court
in relation to Admiralty proceedings).”
(6)
In section 31(2) (Admiralty provisions: savings) for the words from the
beginning to “authorise” in paragraph (c) substitute “Nothing in section 31
40or any provisions made for the purpose of, or in connection with, conferring
jurisdiction on the county court in relation to Admiralty proceedings
authorises”.
(7)
In section 35 for “in one or more of the county courts” substitute “the county
court”.
Crime and Courts BillPage 129
(8)
In section 37(1) for the words after “other” substitute “Act on the county
court may be exercised by any judge of the county court.”
(9) Omit section 37(2).
(10) Omit section 40(4) (transfer of proceedings to particular county courts).
(11) 5In section 45(1) (costs in transferred cases)—
(a) in paragraph (b) for “Court; or” substitute “Court,”, and
(b) omit paragraph (c).
(12) In section 55—
(a) in subsection (1) for “judge” substitute “court”,
(b) 10in subsection (2) for “A judge” substitute “The court”,
(c)
in subsection (4) for “judge may at his” substitute “the court may at
its”, and
(d) omit subsection (4A).
(13) In section 57(1)—
(a) 15for “judge may, if he” substitute “court may, if it”, and
(b) omit “under his hand”.
(14) In section 58(1)—
(a) for paragraph (a) substitute—
“(a) a judge of the county court; or”, and
(b) 20for paragraph (c) substitute—
“(c)
an officer of the county court appointed by a judge of
the county court for the purpose,”.
(15)
In section 58(2) for the words from “sworn” (where it first appears) to “such”
substitute “sworn before any such judge or”.
(16)
25In section 60(2) (rights of audience in certain housing cases) for the words
after paragraph (b) substitute—
“then, except where rules of court provide otherwise, any officer of
the authority authorised by the authority for the purpose may
address the court.”
(17)
30In section 60A(2) (rights of audience of employees of housing management
bodies: proceedings to which section applies) for “before a district judge
which” substitute “that are not excluded by rules of court and”.
(18)
In section 61(3) for “every county court or as respects a specified county
court or” substitute “every place where the county court sits or”.
(19) 35In section 62 for “the judge” substitute “a judge”.
(20) In section 63—
(a)
in subsection (1) as substituted by the Courts and Legal Services Act
1990 for “a judge” substitute “in the county court a judge of the
court”,
(b)
40in subsection (1) as having effect pending that substitution for “the
judge” substitute “in the county court a judge of the court”,
(c)
in subsection (2) as so substituted after “a judge” insert “of the county
court”,
(d) omit subsections (2A) and (2B),