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(b) section 21A(4)(za) of the Criminal Procedure and Investigations Act
1996;

(c) section 6(2)(b) of the Police and Justice Act 2006.

6 In each of the provisions listed in paragraph 7 for “the Association of Chief
5Police Officers” substitute “the National Police Chiefs’ Council”.

7 The provisions mentioned in paragraph 6 are—

(a) section 42B(2)(b) of the Firearms Act 1968;

(b) section 18B(2)(b) of the Firearms (Amendment) Act 1988;

(c) sections 40B(2)(b), 42A(2)(b), 53(2)(b), 53B(3)(c), 53B(6)(b) and
1057(4)(b) of the Police Act 1996;

(d) section 35A(2)(b) of the Firearms (Amendment) Act 1997;

(e) sections 22(3)(b), 24(c), 38A(3)(b), 43(9)(a), 45(3)(f) and 51(7)(b) of the
Police Reform Act 2002;

(f) section 70(2)(j) of the Courts Act 2003;

(g) 15section 31(3)(a) of the Crime and Security Act 2010;

(h) sections 29(5)(b) and 33(8)(b) of the Protection of Freedoms Act 2012.

Section 130(5)

SCHEDULE 14 Amendments where NCA is party to police collaboration agreement

Police Act 1997

1 (1) 20Section 93 of the Police Act 1997 (authorisations to interfere with property
etc) is amended as follows.

(2) In subsection (1B), after “National Crime Agency officer” insert “giving an
authorisation on an application made by virtue of subsection (3)(b)(i)”.

(3) In subsection (3)—

(a) 25omit “or” at the end of paragraph (za)(i);

(b) in paragraph (za)(ii) for “section 23(1)” substitute “section 22A”;

(c) at the end of paragraph (za)(ii) insert or

(iii) in a case where the chief officer of police of the
authorising force has made an agreement
30under that section with the Director General
of the National Crime Agency, by a National
Crime Agency officer (but see subsection
(3AA));”;

(d) in paragraph (b)—

(i) 35for “subsection (5)(f), by” substitute subsection (5)(f)—

(i) by”;

(ii) at the end insert or

(ii) in a case where the Director General of
the National Crime Agency has made
40an agreement under section 22A of the
Police Act 1996 with the chief officer of
police of one or more police forces, by
a member of a collaborative force;”.

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(4) After subsection (3A) insert—

(3AA) A National Crime Agency officer may make an application by virtue
of subsection (3)(za)(iii) only if permitted by the terms of the
agreement mentioned in that provision to make applications for
5authorisations under this section to the authorising officer of the
authorising force.

(3AB) For the purposes of subsection (3)(b), a police force  is a collaborative
force if—

(a) its chief officer of police is a party to the agreement
10mentioned in that provision, and

(b) its members are permitted by the terms of the agreement to
make applications for authorisations under this section to the
authorising officer mentioned in that provision.

Paragraph (b) of subsection (3A) applies for the purposes of this
15subsection.”

(5) In subsection (6)—

(a) after paragraph (aa) insert—

(ab) in relation to a person within any of those paragraphs
to whom an application is made by virtue of
20subsection (3)(za)(iii), means the area in England and
Wales for which—

(i) the person’s police force is maintained, or

(ii) any other police force whose chief officer of
police is a party to the agreement mentioned
25in subsection (3)(za)(iii) is maintained,

and which is specified in relation to NCA officers in
the agreement mentioned in that provision;”;

(b) after paragraph (cb) insert—

(cba) in relation to a person within subsection (5)(f) to
30whom an application is made by virtue of subsection
(3)(b)(ii), means the area in England and Wales—

(i) for which any collaborative force (within the
meaning of subsection (3AB)) is maintained,
and

(ii) 35which is specified in relation to members of
that force in the agreement mentioned in
subsection (3)(b)(ii);”.

Regulation of Investigatory Powers Act 2000

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

3 (1) 40Section 29 (authorisation of covert human intelligence sources) is amended
as follows.

(2) For subsection (2A) substitute—

(2A) For the meaning of “relevant collaborative unit” in subsection
(2)(c)(i), see section 29A.”

(3) 45In subsection (4A), at the end of paragraph (a) insert “(see section 29A for the
meaning of “qualifying person”)”.

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(4) Omit subsection (7A).

(5) Omit subsection (10).

4 After section 29 insert—

29A Section 29: supplementary provision in relation to relevant
5collaborative units

(1) For the purposes of section 29(2)(c)(i), a “relevant collaborative unit”
is a unit that falls within subsection (2) or (3).

(2) A unit falls within this subsection if—

(a) it consists of two or more police forces whose chief officers of
10police have made an agreement under section 22A of the
Police Act 1996, and

(b) the agreement relates to the discharge by persons holding
offices, ranks or positions with any of the forces of functions
in connection with the conduct or use of the covert human
15intelligence source concerned.

(3) A unit falls within this subsection if—

(a) it consists of one or more police forces and the National
Crime Agency,

(b) it is in place by virtue of an agreement made under section
2022A of the Police Act 1996, and

(c) the agreement relates to the discharge by persons holding
offices, ranks or positions within any such force, or by
persons who are National Crime Agency officers, of
functions in connection with the conduct or use of the covert
25human intelligence source concerned.

(4) In the case of a relevant collaborative unit that falls within subsection
(2), a person is a “qualifying person” for the purposes of section
29(4A) if—

(a) the person holds an office, rank or position with a police force
30whose chief officer of police is a party to the agreement
mentioned in subsection (2)(a) above, and

(b) the person is permitted by the terms of the agreement to have
the responsibility mentioned in section 29(4A)(a) or (c) or the
general oversight mentioned in section 29(4A)(b).

(5) 35In the case of a relevant collaborative unit that falls within subsection
(3), a person is a qualifying person for the purposes of section 29(4A)
if—

(a) the person—

(i) is a National Crime Agency officer, or

(ii) 40holds an office, rank or position with a police force
whose chief officer of police is a party to the
agreement mentioned in subsection (3)(b) above, and

(b) the person is permitted by the terms of the agreement to have
the responsibility mentioned in section 29(4A)(a) or (c) or the
45general oversight mentioned in section 29(4A)(b).

(6) For the purposes of this section references to a police force are to the
following—

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(a) any police force maintained under section 2 of the Police Act
1996 (police forces in England and Wales outside London),

(b) the metropolitan police force, and

(c) the City of London police force.”

5 (1) 5Section 33 (rules for grant of authorisations) is amended as follows.

(2) In subsection (1), after “(1ZB)” insert “and section 33A”.

(3) In subsection (1ZA), for “23(1)” substitute “22A”.

(4) In subsection (1A), at the end insert “(subject to section 33A)”.

(5) In subsection (3), after “(3ZB)” insert “and section 33A”.

(6) 10In subsection (3ZA), in paragraph (a) for “23(1)” substitute “22A”.

(7) In subsection (3A), at the end insert “(subject to section 33A)”.

6 After section 33 insert—

33A Section 33: further provision in cases where NCA is party to
collaboration agreement

(1) 15This section applies where the Director General of the National
Crime Agency has made a collaboration agreement with the chief
officer of police of one or more police forces (a “collaborative police
force”).

(2) A person who is a designated person for the purposes of section 28
20or 29 by reference to an office, rank or position with a collaborative
police force may grant an authorisation under that section on an
application made by an National Crime Agency officer.

(3) A person who is a designated person for the purposes of section 28
or 29 by reference to their position as a National Crime Agency
25officer may grant an authorisation under that section on an
application made by a member of a collaborative police force.

(4) Authorisations may be granted to persons by virtue of subsection (2)
or (3) only if such persons are permitted under the terms of the
collaboration agreement to make applications for authorisations
30under section 28 or 29 to a person who is a designated person for the
purposes of that section—

(a) in the case of authorisations granted by virtue of subsection
(2), by reference to an office, rank or position with the
collaborative police force concerned, or

(b) 35in the case of authorisations granted by virtue of subsection
(3), by reference to the person’s position as a National Crime
Agency officer.

(5) A person who is a senior authorising officer by reference to a
collaborative police force may grant an authorisation for the carrying
40out of intrusive surveillance on an application made by a National
Crime Agency officer.

(6) The Director General of the National Crime Agency, or a person
designated for the purposes of section 32(6)(k) by that Director
General, may grant an authorisation for the carrying out of intrusive

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surveillance on an application made by a member of a collaborative
police force.

(7) Authorisations may be granted to persons by virtue of subsection (5)
or (6) only if such persons are permitted under the terms of the
5collaboration agreement to make applications for authorisations for
the carrying out of intrusive surveillance to a person who—

(a) in the case of authorisations granted by virtue of subsection
(5), is a senior authorising officer by reference to the
collaborative police force concerned, or

(b) 10in the case of authorisations granted by virtue of subsection
(6), is the Director General of the National Crime Agency or a
person designated for the purposes of section 32(6)(k) by that
Director General.

(8) In the case of an application made by virtue of subsection (5) or (6)
15for the carrying out of intrusive surveillance in relation to any
residential premises, authorisation may be granted only in relation
to premises in the area which is—

(a) the area of operation of a collaborative police force, and

(b) specified in relation to members of that force in the
20collaboration agreement.

(9) For the purposes of this section the area of operation of a
collaborative police force is the area for which that force is
maintained.

(10) In this section—

  • 25“collaboration agreement” means an agreement made under
    section 22A of the Police Act 1996;

  • “collaborative police force” has the meaning given by
    subsection (1);

  • “police force” has the meaning given by section 33(5A).”