Crime and Courts Bill [HL]

Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 2 — The framework document & annual report
Part 1 — The framework document
38

Schedule 2
Section 4

The framework document & annual report
Part 1
The framework document
The document
5
1     (1)
The framework document is a document which deals with ways in which
the 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
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(b)
ways in which the NCA is to be administered (including governance
and finances of the NCA).
      (2)
Section 6(2) makes further provision about what may be included in the
framework document.
Duty to issue document
15
2
The Secretary of State must—
(a)
issue 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
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the existing framework document).
Duty 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.
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Role of Director General
4     (1)
The 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
30
framework document.
      (2)
The 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—
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(a)
the Scottish Ministers, and
(b)
the Department of Justice in Northern Ireland,

Crime and Courts Bill [HL]
Schedule 2 — The framework document & annual report
Part 2 — The annual report
39


before 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
5
a 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—
10
(i)
the 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.
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      (4)
The 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.
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Part 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
25
(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—
30
(a)
arrange 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.
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      (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.

Crime and Courts Bill [HL]
Schedule 3 — Relationships between NCA and other agencies
Part 2 — Exchange of information
40

      (4)
The 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.
5
Schedule 3
Section 5

Relationships between NCA and other agencies
Part 1
Co-operation
Duty to co-operate
10
1     (1)
It 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),
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(b)
members 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—
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(a)
constables 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);
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(e)
members 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
30
2
For 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
35
Duty to keep NCA informed & disclose information: police forces
3     (1)
The chief officers of—

Crime and Courts Bill [HL]
Schedule 3 — Relationships between NCA and other agencies
Part 3 — Assistance within the UK
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(a)
each UK police force, and
(b)
the British Transport Police,

must keep the Director General informed of any information held by that
police force which appears to the chief officer to be relevant to the exercise
by the NCA of any NCA function.
5
      (2)
Where 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
10
to 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—
(a)
each UK police force, and
(b)
the British Transport Police,
15

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
exercise 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
20
officer of a police force informed of information which appears to the
Director General to be information obtained (whether directly or indirectly)
from that chief officer or any other member of that police force.
Part 3
Assistance within the UK
25
Voluntary assistance by NCA: the UK, the Channel Islands & the Isle of Man
5     (1)
The Director General may provide assistance to—
(a)
a UK police force, or
(b)
an Island police force;

if the chief officer of the police force requests assistance to be provided.
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      (2)
The Director General may provide assistance to—
(a)
a UK law enforcement agency, or
(b)
an Island law enforcement agency,

if the agency requests assistance to be provided.
      (3)
A request may be made under this paragraph only if the chief officer, or
35
agency, considers that the police force, or agency, has a special need for the
Director General to provide assistance.
      (4)
A request under this paragraph must—
(a)
state the special need for assistance, and
(b)
specify the assistance that is wanted.
40

Crime and Courts Bill [HL]
Schedule 3 — Relationships between NCA and other agencies
Part 3 — Assistance within the UK
42

      (5)
If a request is made under this paragraph, the Director General may provide
such assistance as the Director General considers appropriate in all the
circumstances.
Voluntary assistance to NCA: the UK
6     (1)
The chief officer of a UK police force may provide assistance to the NCA if
5
the Director General requests assistance to be provided.
      (2)
A UK law enforcement agency may provide assistance to the NCA if the
Director General requests assistance to be provided.
      (3)
A request may be made under this paragraph only if the Director General
considers that the NCA has a special need for the chief officer, or agency, to
10
provide assistance.
      (4)
A request under this paragraph must—
(a)
state the special need for assistance, and
(b)
specify the assistance that is wanted.
      (5)
If a request is made under this paragraph, a chief officer, or law enforcement
15
agency, may provide such assistance as the chief officer, or agency,
considers appropriate in all the circumstances.
Directed assistance by NCA: England and Wales police etc
7     (1)
The Secretary of State may direct the Director General to provide specified
assistance to—
20
(a)
an England and Wales police force,
(b)
a special police force,
(c)
the Commissioners for Her Majesty’s Revenue and Customs;
(d)
the Director of the Serious Fraud Office;
(e)
the Director of Border Revenue;
25
(f)
any other person operating—
(i)
in England, or
(ii)
in England and in Scotland, Northern Ireland or Wales (or
two or more of those parts of the United Kingdom),

charged with the duty of investigating or prosecuting offences (apart
30
from a UK police force).
      (2)
A direction may be given under this paragraph only if it appears to the
Secretary of State that it is appropriate for the police force or other persons
or person to receive directed assistance from the Director General.
Directed assistance to NCA: England and Wales police etc
35
8     (1)
The Director General may direct any of the following to provide specified
assistance to the NCA—
(a)
the chief officer of an England and Wales police force;
(b)
the Chief Constable of the British Transport Police;
(c)
the Commissioners for Her Majesty’s Revenue and Customs;
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(d)
the Director of the Serious Fraud Office;
(e)
the Director of Border Revenue.

Crime and Courts Bill [HL]
Schedule 3 — Relationships between NCA and other agencies
Part 3 — Assistance within the UK
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      (2)
A direction may be given under this paragraph only if—
(a)
it appears to the Director General that it is appropriate for the NCA
to receive directed assistance from the chief officer of the police force
or from the other persons or person; and
(b)
the appropriate consent is given to the direction.
5
      (3)
For that purpose “appropriate consent” means—
(a)
the consent of the Secretary of State (in the case of a direction to the
chief officer of a police force);
(b)
the consent of the Secretary of State and the consent of the Treasury
(in the case of a direction to the Commissioners or the Director of
10
Border Revenue);
(c)
the consent of the Secretary of State and the consent of the Attorney
General (in the case of a direction to the Director of the Serious Fraud
Office).
Directed assistance by NCA: Scotland
15
9     (1)
The Scottish Ministers may direct the Director General to provide specified
assistance to the Police Service of Scotland.
      (2)
A direction may be given under this paragraph only if—
(a)
it appears to the Scottish Ministers that it is appropriate for the Police
Service to receive directed assistance from the Director General; and
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(b)
the Secretary of State consents to the direction.
Directed assistance to NCA: Scotland
10
The Scottish Ministers may direct the chief constable of the Police Service of
Scotland to provide specified assistance to the NCA if it appears to the
Scottish Ministers that it is appropriate for the NCA to receive directed
25
assistance from the chief constable.
Directed assistance by NCA: Northern Ireland
11    (1)
The Department of Justice in Northern Ireland may direct the Director
General to provide specified assistance to the Police Service of Northern
Ireland.
30
      (2)
A direction may be given under this paragraph only if—
(a)
it appears to the Department of Justice that it is appropriate for the
Police Service to receive directed assistance from the Director
General; and
(b)
the Secretary of State consents to the direction.
35
Directed assistance to NCA: Northern Ireland
12    (1)
The Department of Justice in Northern Ireland may direct the Chief
Constable of the Police Service of Northern Ireland to provide specified
assistance to the NCA if it appears to the Department that it is appropriate
for the NCA to receive directed assistance from the Chief Constable.
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      (2)
Before giving such a direction, the Department of Justice must consult—
(a)
the Northern Ireland Policing Board, and

Crime and Courts Bill [HL]
Schedule 3 — Relationships between NCA and other agencies
Part 3 — Assistance within the UK
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(b)
any other persons the Department considers it appropriate to
consult.
When is it appropriate for a person to receive directed assistance?
13
For the purposes of this Part of this Schedule, it is appropriate for a person
(“R”) to receive directed assistance from another person (“P”) if—
5
(a)
R has a special need for assistance from P,
(b)
it is expedient for P to provide the assistance, and
(c)
satisfactory arrangements for P to provide assistance to R cannot be
made, or cannot be made in time, under paragraph 5 or 6.
Voluntary or directed assistance: particular assistance that may be provided
10
14    (1)
A person may provide any of the following in response to a request for
assistance, and a direction may require the provision of any of the
following—
(a)
equipment;
(b)
NCA officers (if assistance is to be provided by the Director General);
15
(c)
constables (if assistance is to be provided by the chief officer of a
police force);
(d)
members of staff of a UK law enforcement agency (if assistance is to
be provided by such an agency).
      (2)
That does not limit the kinds of assistance that may be provided or required.
20
      (3)
In this paragraph—
“direction” means a direction under any provision of this Part of this
Schedule;
“request for assistance” means such a request under any provision of
this Part of this Schedule.
25
Voluntary or directed assistance: control of individuals provided for assistance
15    (1)
An individual who is provided under this Part of this Schedule—
(a)
to assist the NCA is, whilst so provided, under the direction and
control of the Director General;
(b)
to assist a UK police force is, whilst so provided, under the direction
30
and control of the chief officer of the police force;
(c)
to assist a UK law enforcement agency is, whilst so provided, under
the direction and control of the agency.
      (2)
That rule applies despite anything contained in—
(a)
any other enactment, or
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(b)
any agreement made under any other enactment.
      (3)
In this paragraph “individual” includes—
(a)
an NCA officer;
(b)
a constable;
(c)
a member of the staff of a law enforcement agency.
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