(f) paragraphs 1 to 31 and 39 of Schedule 16, and section 32 so far as
relating to those paragraphs.

(11) The amendments made by this Act in the Industrial and Provident Societies
Act 1965 extend to England and Wales, and Scotland, only.

(12) 5Except as provided by subsections (10) and (11), an amendment, repeal or
revocation has the same extent as the provision amended, repealed or revoked
(ignoring extent by virtue of an Order in Council).

(13) Subsection (12) applies to section 30 only so far as the provisions amended
extend to England and Wales or apply in relation to service offences.

(14) 10Subsection (12) does not apply to amendments made by section 25(13) and (14)
or to the amendments made by this Act in the Government Annuities Act 1929
or the Friendly Societies Act 1974 (which amendments, accordingly, extend to
England and Wales, Scotland and Northern Ireland only).

(15) Her Majesty may by Order in Council provide for any provision of section 36,
1537, 38 or 39 to extend, with or without modifications, to—

(a) any of the Channel Islands, or

(b) the Isle of Man.

(16) Her Majesty may by Order in Council provide for provisions of Part 8 of
Schedule 15 (amendments of Armed Forces Act 2006) to extend, with or
20without modifications, to—

(a) any of the Channel Islands,

(b) the Isle of Man, or

(c) any of the British overseas territories.

(17) The power conferred by section 338 of the Criminal Justice Act 2003 (power to
25extend to Channel Islands and Isle of Man) is exercisable in relation to any
amendment of that Act that is made by or under this Act.

(18) The power conferred by section 52(2) of the Civil Jurisdiction and Judgments
Act 1982 (power to extend to Channel Islands, Isle of Man and British overseas
territories) is exercisable in relation to any amendment of that Act that is made
30by or under this Act.

SCHEDULES

Section 1

SCHEDULE 1 The NCA & NCA officers

Part 1 5The NCA

Functions exercisable on behalf of Crown

1 NCA functions are exercisable on behalf of the Crown.

Efficiency and effectiveness

2 It is the duty of the Director General to secure that NCA functions are
10discharged efficiently and effectively.

Financial year

3 (1) The first financial year of the NCA is the period that—

(a) begins with the day on which section 1 comes into force, and

(b) ends with the following 31 March.

(2) 15After that, the financial year of the NCA is the period of 12 months ending
with 31 March.

Charging

4 (1) The NCA may charge a person for any service provided at the person’s
request.

(2) 20This paragraph has effect subject to Part 5 of Schedule 3 (payment for tasks,
assistance or facilities).

(3) In this paragraph “service” means a service of any kind (including the
provision of facilities) which is provided by means of the exercise of any
NCA function.

25Activities not limited to dealing with serious or organised crime

5 (1) For the purposes of the discharge of NCA functions which relate to
organised crime or serious crime, an NCA officer may, in particular, carry
on activities in relation to any kind of crime (whether or not serious or
organised).

(2) In circumstances in which an NCA officer reasonably suspects that an
offence is about to be, or is being, committed, that officer is not prevented
from exercising powers merely because the offence does not relate to
organised crime or serious crime.

5Activities in Scotland

6 (1) An NCA officer may only carry out activities in Scotland in relation to an
offence which an NCA officer suspects has been committed (or is being
committed) if the NCA officer does so with the agreement of the Lord
Advocate.

(2) 10In carrying out such activities in Scotland, an NCA officer must comply with
any direction (whether general or specific) given by the Lord Advocate or
the procurator fiscal.

(3) If an NCA officer suspects that an offence has been committed (or is being
committed) in Scotland, the NCA officer must report the matter to the
15procurator fiscal (or ensure that the matter is so reported by another NCA
officer) as soon as is practicable.

Part 2 NCA officers

Selection and appointment of the Director General

7 (1) 20The Secretary of State is to select and appoint the Director General, after
consultation with—

(a) the Scottish Ministers, and

(b) the Department of Justice in Northern Ireland.

(2) A person may not be appointed as Director General unless the Secretary of
25State is satisfied that the person—

(a) is capable of effectively exercising operational powers; and

(b) is a suitable person to exercise operational powers.

(3) A person need not be an NCA officer before appointment as the Director
General.

(4) 30The Director General is to hold and vacate office in accordance with the
terms and conditions of the appointment (subject to paragraph 8).

(5) The terms and conditions of an appointment as Director General are to be
determined by the Secretary of State.

(6) The terms and conditions of an appointment as Director General must
35provide for that appointment to last for a period which does not exceed 5
years; and a person who has previously been, or currently is, Director
General may be appointed again as Director General.

(7) Sections 10 to 14 of the Constitutional Reform and Governance Act 2010
(appointments of civil servants) do not apply to the appointment of the
40Director General.

Resignation or retirement of the Director General at request of Secretary of State

8 (1) The Secretary of State may call upon the Director General to resign or
retire—

(a) in the interests of efficiency or effectiveness, or

(b) 5because of misconduct by the Director General.

(2) The Secretary of State must comply with sub-paragraphs (3) and (4) before
calling upon the Director General to resign or retire.

(3) The Secretary of State must consult—

(a) the Scottish Ministers, and

(b) 10the Department of Justice in Northern Ireland.

(4) The Secretary of State must—

(a) give the Director General a written explanation of the reasons why
the Secretary of State is proposing to call for the resignation or
retirement;

(b) 15give the Director General the opportunity to make written
representations about the proposal to call for the resignation or
retirement; and

(c) consider any written representations made by the Director General.

(5) The Director General must resign or retire if called upon to do so in
20accordance with this paragraph.

Selection of other NCA officers for appointment

9 (1) The Director General is to select other persons for appointment as National
Crime Agency officers.

(2) The terms and conditions of an appointment as an NCA officer (other than
25as Director General) are to be determined by the Director General with the
agreement of the Minister for the Civil Service.

(3) This paragraph does not apply to NCA specials.

Delegation of Director General’s functions

10 (1) The Director General may arrange for any function of the Director General
30to be exercised by a senior NCA officer who is designated for the purpose by
the Director General.

(2) A designation under this paragraph may provide for a function to be
exercised by—

(a) one or more senior NCA officers specified in the designation, or

(b) 35one or more senior NCA officers of a description specified in the
designation.

(3) The Director General’s powers of direction under section 4(5) and
paragraph 11 of Schedule 3 may not be delegated under this paragraph.

(4) But those powers of direction may, in the absence of the Director General for
40any reason, be exercised by a senior NCA officer nominated for this purpose
by the Director General.

(5) In this paragraph “senior NCA officer” means an NCA officer who is at, or
above, a grade specified for this purpose by the Secretary of State in the
framework document.

Continuity

11 (1) 5Anything done by or in relation to the Director General may be continued
by or in relation to the Director General regardless of which individual holds
that office at any time.

(2) Anything done by or in relation to one NCA officer (except the Director
General) may be continued by or in relation to any other such NCA officer.

10Persons with operational powers who become NCA officers

12 (1) If a person holds a relevant office when the person becomes an NCA officer
(the “existing office”), the person’s holding of the existing office—

(a) is suspended from the time when the person becomes an NCA
officer;

(b) 15but is revived if the person—

(i) ceases to be an NCA officer, and

(ii) returns to service as holder of the existing office.

(2) Sub-paragraph (1) ceases to apply to a person who resigns from, or
otherwise ceases to hold, the other office.

(3) 20In this paragraph “relevant office”, in relation to a person who is an NCA
officer, means any other office by virtue of which that person has operational
powers (such as the office of constable, officer of Revenue and Customs, or
immigration officer), apart from the office of special constable or constable
in the Police Service of Northern Ireland Reserve.

25Secondments to NCA

13 (1) The Director General may make arrangements for persons to be seconded to
the NCA to serve as National Crime Agency officers.

(2) A member of a police force on temporary service with the NCA is to be
under the direction and control of the Director General.

(3) 30Paragraph 12(1) does not apply to a member of a special police force who is
an NCA officer by virtue of a secondment.

Secondments by NCA

14 (1) The Director General may make arrangements for NCA officers to be
seconded to a UK police force.

(2) 35An NCA officer who is seconded to a UK police force is, whilst on
secondment, under the direction and control of the chief officer of the police
force (but is not a member of the police force).

NCA specials

15 (1) The Director General may select and appoint persons as National Crime
Agency officers on a part-time unpaid basis (and such persons are referred
to in this Part of this Act as “NCA specials”).

(2) 5The terms and conditions of an appointment as an NCA special are to be
determined by the Director General.

(3) Sub-paragraph (1) does not prevent NCA specials from working otherwise
than on a part-time basis if the Director General considers that it is
appropriate for them to do so because of exceptional circumstances.

(4) 10Sub-paragraph (1) does not prevent provision being made for—

(a) the reimbursement of the expenses of NCA specials,

(b) the subsistence, accommodation or training of NCA specials, and

(c) the payment of sums to, or in respect of, current or former NCA
specials to compensate for loss attributable to injury or death
15resulting from the performance of duties as NCA specials.

(5) The Director General—

(a) may designate an NCA special under section 9 as a person having
the powers and privileges of a constable; but

(b) may not so designate an NCA special as a person having the powers
20of an officer of Revenue and Customs or the powers of an
immigration officer.

(6) If an NCA special is designated as a person having the powers and
privileges of a constable, paragraph 11(1)(b) to (d) of Schedule 5 (powers and
privileges in Scotland, Northern Ireland and outside the UK) do not apply
25in relation to the NCA special.

(7) The Director General may not—

(a) under paragraph 10, arrange for any function to be exercised by an
NCA special or nominate an NCA special to exercise a power of
direction;

(b) 30provide an NCA special by way of assistance under Part 3 of
Schedule 3 (whether in response to a request or a direction).

(8) The Secretary of State may not appoint an NCA special to be a member of an
advisory panel under paragraph 4 of Schedule 5 to make recommendations
about the operational powers of the Director General.

(9) 35The no-strike provisions in section 12 do not apply in relation to NCA
specials.

(10) No determination under regulations under section 13 may be made in
relation to the pay and allowances and other terms and conditions of
employment of NCA specials.

(11) 40If a person is both—

(a) an NCA special designated as a person having the powers and
privileges of a constable, and

(b) a special constable or a member of the Police Service of Northern
Ireland Reserve,

45none of the operational powers which the person has as an NCA special are
exercisable at any time when the person is exercising any power or privilege

which the person has as a special constable or as a member of the Police
Service of Northern Ireland Reserve.

(12) A person is not a civil servant by virtue of being an NCA special.

Section 3

SCHEDULE 2 5The framework document & annual report

Part 1 The framework document

The document

1 (1) The framework document is a document which deals with ways in which
10the NCA is to operate, including—

(a) ways in which NCA functions are to be exercised (including
arrangements for publishing information about the exercise of NCA
functions and other matters relating to the NCA), and

(b) ways in which the NCA is to be administered (including governance
15and finances of the NCA).

(2) Section 5(2) makes further provision about what may be included in the
framework document.

Duty to issue document

2 The Secretary of State must—

(a) 20issue the framework document;

(b) keep the framework document under review; and

(c) if the Secretary of State considers it appropriate, issue a new
framework document (which may be wholly or partly different from
the existing framework document).

25Duty to have regard to document

3 The Secretary of State must have regard to the framework document in
exercising functions in relation to the NCA, the Director General or any
other NCA officer.

Role of Director General

4 (1) 30The Secretary of State must—

(a) consult the Director General in preparing any framework document;
and

(b) obtain the consent of the Director General before issuing any
framework document.

(2) 35The Director General’s duty to have regard to the annual plan in exercising
functions does not apply in relation to functions under sub-paragraph (1).

Consultation with devolved administrations

5 The Secretary of State must consult—

(a) the Scottish Ministers, and

(b) the Department of Justice in Northern Ireland,

5before issuing the first framework document or any other framework
document which is, in the Secretary of State’s view, significantly different
from the framework document it replaces.

Publication & distribution

6 (1) This paragraph applies on each occasion when the Secretary of State issues
10a framework document.

(2) The Secretary of State must—

(a) arrange for the framework document to be published in the manner
which the Secretary of State considers appropriate,

(b) send a copy of the framework document to—

(i) 15the Scottish Ministers, and

(ii) the Department of Justice in Northern Ireland, and

(c) lay the framework document before Parliament.

(3) The Scottish Ministers must lay a copy of the framework document before
the Scottish Parliament.

(4) 20The Department of Justice in Northern Ireland must lay a copy of the
framework document before the Northern Ireland Assembly.

(5) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the
purposes of sub-paragraph (4) as it applies in relation to the laying of a
statutory document under an enactment.

25Part 2 The annual report

Duty to issue report

7 (1) As soon as possible after the end of each financial year, the Director General
must issue a report on the exercise of the NCA functions during that year
30(the “annual report”).

(2) The annual report relating to a financial year must include an assessment of
the extent to which the annual plan for that year has been carried out.

Publication & distribution

8 (1) The Director General must—

(a) 35arrange for the annual report to be published in the manner which
the Director General considers appropriate, and

(b) send a copy of the annual report to—

(i) the strategic partners, and

(ii) the Secretary of State.

(2) The Secretary of State must lay a copy of the annual report before
Parliament.

(3) The Scottish Ministers must lay a copy of the annual report before the
Scottish Parliament.

(4) 5The Department of Justice in Northern Ireland must lay a copy of the annual
report before the Northern Ireland Assembly.

(5) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the
purposes of sub-paragraph (4) as it applies in relation to the laying of a
statutory document under an enactment.

Section 4

10SCHEDULE 3 Relationships between NCA and other agencies

Part 1 Co-operation

Duty to co-operate

1 (1) 15It is the duty of NCA officers to co-operate with the persons listed in sub-
paragraph (3) for the purpose of assisting those persons in their activities to
combat crime.

(2) It is the duty of—

(a) the persons listed in sub-paragraph (3),

(b) 20members of Her Majesty’s armed forces, and

(c) members of Her Majesty’s coastguard,

to co-operate with NCA officers for the purpose of assisting NCA officers in
the discharge of any NCA function.

(3) The persons mentioned in sub-paragraphs (1) and (2)(a) are—

(a) 25constables in UK police forces;

(b) officers of Revenue and Customs;

(c) immigration officers;

(d) designated customs officials (within the meaning of Part 1 of the
Borders, Citizenship and Immigration Act 2009);

(e) 30members of the Serious Fraud Office;

(f) any other persons operating in England, Scotland, Northern Ireland
or Wales charged with the duty of investigating organised crime or
serious crime.

Co-operation arrangements

2 35For the purposes of the discharge of any function of the NCA, the NCA may
enter into arrangements for co-operating with other persons (in the United
Kingdom or elsewhere).

Part 2 Exchange of information

Duty to keep NCA informed & disclose information: police forces

3 (1) The chief officers of each UK police force must keep the Director General
5informed of any information held by that police force which appears to the
chief officer to be relevant to the exercise by the NCA of—

(a) the crime-reduction function,

(b) the criminal intelligence function, or

(c) functions conferred by the Proceeds of Crime Act 2002.

(2) 10Where the chief officer of such a police force informs the Director General of
such information, the chief officer must disclose to the NCA any of that
information which the Director General requests the chief officer to disclose.

(3) This paragraph does not require the chief officer of a police force to keep the
Director General informed of information which appears to the chief officer
15to be information obtained (whether directly or indirectly) from the NCA.

Duty to keep police forces informed

4 (1) The Director General must keep the chief officers of each UK police force
informed of any information obtained by the NCA in the exercise of any
NCA function which appears to the Director General to be relevant to the
20exercise by that chief officer or any other member of that police force of any
functions.

(2) This paragraph does not require the Director General to keep the chief
officer of a police force informed of information which appears to the
Director General to be information obtained (whether directly or indirectly)
25from that chief officer or any other member of that police force.

Duty to keep NCA informed: government bodies

5 (1) Each specified body must keep the Director General informed of any
information held by that body which—

(a) is held in connection with the exercise of a relevant function of that
30body, and

(b) appears to that body to be relevant to the exercise by the NCA of—

(i) the crime-reduction function,

(ii) the criminal intelligence function, or

(iii) functions conferred by the Proceeds of Crime Act 2002.

(2) 35Where a specified body informs the Director General of such information,
that body must disclose to the NCA any of that information which the
Director General requests that body to disclose.

(3) This paragraph does not require a specified body to keep the Director
General informed of information which appears to that body to be
40information obtained (whether directly or indirectly) from the NCA.

(4) This paragraph does not require the Director of the Serious Fraud Office to
keep the Director General informed of, or to disclose to the NCA, any
information obtained under section 2(2) or (3) of the Criminal Justice Act