Crime and Courts Bill [HL]

Session 2012 - 13
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Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 1 — The NCA & NCA officers
Part 1 — The NCA
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Schedules
Schedule 1
Section 1

The NCA & NCA officers
Part 1
The NCA
5
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
discharged efficiently and effectively.
10
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)
After that, the financial year of the NCA is the period 12 months ending with
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31 March.
Charging
4     (1)
The NCA may charge a person for any service provided at the person’s
request.
      (2)
This paragraph has effect subject to Part 5 of Schedule 3 (payment for tasks,
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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.
Activities not limited to dealing with serious or organised crime
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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).

Crime and Courts Bill [HL]
Schedule 1 — The NCA & NCA officers
Part 2 — NCA officers
34

      (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.
Activities in Scotland
5
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)
In carrying out such activities in Scotland, an NCA officer must comply with
10
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
procurator fiscal (or ensure that the matter is so reported by another NCA
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officer) as soon as is practicable.
Part 2
NCA officers
Selection and appointment of the Director General
7     (1)
The Secretary of State is to select and appoint the Director General, after
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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
State is satisfied that the person—
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(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)
The Director General is to hold and vacate office in accordance with the
30
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
provide for that appointment to last for a period which does not exceed 5
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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
Director General.
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Crime and Courts Bill [HL]
Schedule 1 — The NCA & NCA officers
Part 2 — NCA officers
35

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)
because of misconduct by the Director General.
5
      (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)
the Department of Justice in Northern Ireland.
10
      (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)
give the Director General the opportunity to make written
15
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
accordance with this paragraph.
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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
as Director General) are to be determined by the Director General with the
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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
to be exercised by a senior NCA officer who is designated for the purpose by
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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)
one or more senior NCA officers of a description specified in the
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designation.
      (3)
The Director General’s powers of direction under section 5(5) and
paragraph 8 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
any reason, be exercised by a senior NCA officer nominated for this purpose
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by the Director General.

Crime and Courts Bill [HL]
Schedule 1 — The NCA & NCA officers
Part 2 — NCA officers
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      (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)
Anything done by or in relation to the Director General may be continued
5
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.
Persons with operational powers who become NCA officers
10
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)
but is revived if the person—
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(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)
In this paragraph “relevant office”, in relation to a person who is an NCA
20
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.
Secondments
13    (1)
The Director General may make arrangements for persons to be seconded to
25
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.
NCA specials
14    (1)
The Director General may select and appoint persons as National Crime
30
Agency officers on a part-time unpaid basis (and such persons are referred
to in this Part of this Act as “NCA specials”).
      (2)
The 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
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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)
Sub-paragraph (1) does not prevent the NCA from—
(a)
reimbursing the expenses of NCA specials,
(b)
providing for the subsistence, accommodation or training of NCA
40
specials, and

Crime and Courts Bill [HL]
Schedule 1 — The NCA & NCA officers
Part 2 — NCA officers
37

(c)
providing for the payment of sums to, or in respect of, current or
former NCA specials to compensate for loss of salary attributable to
injury or death resulting from the performance of duties as NCA
specials.
      (5)
The Director General—
5
(a)
may designate an NCA special under section 10 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
of an officer of Revenue and Customs or the powers of an
immigration officer.
10
      (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
in relation to the NCA special.
      (7)
The Director General may not—
15
(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)
provide an NCA special by way of assistance under Part 3 of
Schedule 3 (whether in response to a request or a direction).
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      (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)
The no-strike provisions in section 13 do not apply in relation to NCA
specials.
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     (10)
No determination under regulations under section 14 may be made in
relation to the pay and allowances and other terms and conditions of
employment of NCA specials.
     (11)
If a person is both—
(a)
an NCA special designated as a person having the powers and
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privileges of a constable, and
(b)
a special constable,

none 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.
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     (12)
A person is not a civil servant by virtue of being an NCA special.