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 3 — Relationships between NCA and other agencies
Part 4 — Use of police facilities etc by NCA
45

Part 4
Use of police facilities etc by NCA
Voluntary arrangements: police forces outside London
16    (1)
The Director General and a relevant body (or both those bodies) may make
arrangements for the NCA to use facilities made available by the police force
5
maintained for a police area listed in Schedule 1 to the Police Act 1996 (police
areas in England and Wales outside London).
      (2)
In this paragraph “relevant body”, in relation to the police force maintained
for a police area, means—
(a)
the police and crime commissioner for that police area, or
10
(b)
the chief constable of that police force.
Voluntary arrangements: the metropolitan police force
17    (1)
The Director General and a relevant metropolitan body (or both those
bodies) may make arrangements for the NCA to use facilities made available
by the metropolitan police force.
15
      (2)
In this paragraph “relevant metropolitan body” means—
(a)
the Mayor’s Office for Policing and Crime, or
(b)
the Commissioner of Police of the Metropolis.
Voluntary arrangements: the City of London police force
18
The Director General and the Common Council of the City of London (in its
20
capacity as police authority for the City of London police area) may make
arrangements for the NCA to use facilities made available by the City of
London police force.
Voluntary arrangements: immigration or customs facilities
19    (1)
The Director General and the Secretary of State may make arrangements for
25
the NCA to use immigration facilities made available by the Secretary of
State.
      (2)
The Director General and a relevant person (or both those persons) may
make arrangements for the NCA to use customs premises made available by
the relevant person (or both those persons).
30
      (3)
In this paragraph—
“customs premises” means premises wholly or partly occupied by
persons designated under section 3 (general customs officials) or
section 11 (customs revenue officials) of the Borders, Citizenship and
Immigration Act 2009;
35
“immigration facilities” means facilities provided in connection with
the exercise of—
(a)
functions of the Secretary of State relating to immigration,
asylum or nationality, or
(b)
functions of an immigration officer;
40
“relevant person” means—
(a)
the Secretary of State, or

Crime and Courts Bill [HL]
Schedule 3 — Relationships between NCA and other agencies
Part 4 — Use of police facilities etc by NCA
46

(b)
the Director of Border Revenue.
Directed arrangements: England and Wales police forces
20    (1)
If it appears to the Secretary of State that—
(a)
it is expedient for relevant parties to make arrangements under
paragraph 16, 17, or 18, and
5
(b)
satisfactory arrangements cannot be made, or cannot be made in
time, under that paragraph,

the Secretary of State may direct those relevant parties to make specified
arrangements under that paragraph.
      (2)
In this paragraph “relevant parties”, in relation to arrangements under
10
paragraph 16, 17, or 18, means—
(a)
the Director General, and
(b)
any other person or persons who may make arrangements under
that paragraph.
Voluntary arrangements: Police Service of Northern Ireland
15
21
The Director General may make arrangements with the Northern Ireland
Policing Board for the NCA to use facilities made available by the Police
Service of Northern Ireland.
Directed arrangements: Police Service of Northern Ireland
22
If it appears to the Department of Justice in Northern Ireland—
20
(a)
that it is expedient for the Director General and the Northern Ireland
Policing Board to make arrangements under paragraph 21, and
(b)
that satisfactory arrangements cannot be made, or cannot be made in
time, under paragraph 21,

the Department of Justice may, with the consent of the Secretary of State,
25
direct the Director General and the Policing Board to make specified
arrangements under paragraph 21.
Arrangements: terms, variation and termination
23    (1)
Facility-sharing arrangements must specify or describe the facilities which
are to be made available for use by the NCA under the arrangements.
30
      (2)
Facility-sharing arrangements may be varied or terminated by the parties.
      (3)
But the arrangements may not be terminated without the consent of—
(a)
the Secretary of State (if the arrangements have been made in
compliance with a direction by the Secretary of State), or
(b)
the Department of Justice in Northern Ireland (if the arrangements
35
have been made in compliance with a direction by that Department).
      (4)
In this paragraph “facility-sharing arrangements” means arrangements
under any other provision of this Part of this Schedule.
Consultation before direction
24
Before a person (“D”) gives a direction under this Part of this Schedule to
40
another person (“P”), D must—

Crime and Courts Bill [HL]
Schedule 3 — Relationships between NCA and other agencies
Part 5 — Payment for tasks, assistance or facilities
47

(a)
notify P of the proposal to give the direction, and
(b)
consider any representations made by P.
Facilities
25
In this Part of this Schedule “facilities” means—
(a)
premises,
5
(b)
equipment, and
(c)
other material, facilities and services.
Part 5
Payment for tasks, assistance or facilities
Payments by Director General
10
26    (1)
The Director General must pay the appropriate amount to the fundholding
body for a UK police force if—
(a)
the chief officer of that police force performs a task—
(i)
in response to a request under section 5, or
(ii)
in accordance with a direction under that section;
15
(b)
the chief officer of that police force provides the NCA with
assistance—
(i)
in response to a request under Part 3 of this Schedule, or
(ii)
in accordance with a direction under Part 3 of this Schedule;
or
20
(c)
facility-sharing arrangements are made under Part 4 of this Schedule
(whether voluntarily or in accordance with a direction) for the NCA
to use facilities made available by that police force.
      (2)
The Director General must pay the appropriate amount to a UK law
enforcement agency if—
25
(a)
that agency performs a task in response to a request under section 5;
(b)
that agency provides the NCA with assistance—
(i)
in response to a request under Part 3 of this Schedule, or
(ii)
in accordance with a direction under Part 3 of this Schedule;
or
30
(c)
facility-sharing arrangements are made under Part 4 of this Schedule
(whether voluntarily or in accordance with a direction) for the NCA
to use facilities made available by that agency.
Payments by police
27
The fundholding body for a UK police force must pay the appropriate
35
amount to the Director General if—
(a)
the Director General performs a task in response to a request by the
chief officer of that police force under section 5; or
(b)
the Director General provides that police force with assistance—
(i)
in response to a request under Part 3 of this Schedule, or
40
(ii)
in accordance with a direction under Part 3 of this Schedule.

Crime and Courts Bill [HL]
Schedule 3 — Relationships between NCA and other agencies
Part 6 — General
48

Payments by law enforcement agencies
28
A UK law enforcement agency must pay the appropriate amount to the
Director General if—
(a)
the Director General performs a task in response to a request by that
agency under section 5; or
5
(b)
the Director General provides that agency with assistance—
(i)
in response to a request under Part 3 of this Schedule, or
(ii)
in accordance with a direction under Part 3 of this Schedule.
The “appropriate amount”
29    (1)
In any provision of this Part of this Schedule which requires one person (“R”)
10
to pay the appropriate amount to another person (“P”), “appropriate
amount” means—
(a)
such amount as may be agreed between R and P, or
(b)
in the absence of agreement, such amount as may be determined by
the Secretary of State.
15
      (2)
The Secretary of State must consult the Scottish Ministers before
determining the appropriate amount if R or P is a Scottish body.
      (3)
The Secretary of State must consult the Department of Justice in Northern
Ireland before determining the appropriate amount if R or P is a Northern
Ireland body.
20
      (4)
In this paragraph—
“Northern Ireland body” means—
(a)
the Police Service of Northern Ireland,
(b)
a Northern Ireland department, and
(c)
any other person operating in Northern Ireland, and not
25
operating in any other part of the United Kingdom, charged
with the duty of investigating or prosecuting offences;
“Scottish body” means—
(a)
the Scottish Police Authority,
(b)
the Scottish Administration, and
30
(c)
any other person operating in Scotland, and not operating in
any other part of the United Kingdom, charged with the duty
of investigating or prosecuting offences.
Part 6
General
35
Directed tasking or assistance: power to amend those who may be directed
30    (1)
The Secretary of State may, by order, amend section 5 or paragraph 8 of this
Schedule by making any of the following kinds of provision—
(a)
provision adding a person or category of persons to the relevant list;
(b)
provision imposing on the Director General a requirement to obtain
40
the consent of one or more persons before giving a direction to—
(i)
a person added to the relevant list by virtue of sub-paragraph
(a), or

Crime and Courts Bill [HL]
Schedule 4 — NCA: general
49

(ii)
a person within a category of persons so added;
(c)
provision removing from the relevant list a person or category of
persons added by virtue of sub-paragraph (a);
(d)
provision removing a requirement for consent imposed by virtue of
sub-paragraph (b).
5
      (2)
But the Secretary of State may not add any of the following to the relevant
list—
(a)
the Commissioners for Her Majesty’s Revenue and Customs;
(b)
the Chief Constable of the Police Service of Scotland;
(c)
any person operating only in Scotland;
10
(d)
the Chief Constable of the Police Service of Northern Ireland;
(e)
any person operating only in Northern Ireland.
      (3)
Before making an order under this paragraph which adds a person or
category of persons to the relevant list, the Secretary of State must consult
that person or the persons within that category.
15
      (4)
In this paragraph “relevant list” means—
(a)
in relation to section 5, the list of persons in subsection (5) to whom
the Director General may give directions, or
(b)
in relation to paragraph 8 of this Schedule, the list of persons in sub-
paragraph (1) to whom the Director General may give directions.
20
Directions
31    (1)
A person given a direction under this Schedule must comply with it.
      (2)
A direction under this Schedule may not relate to the prosecution functions
of any person.
Interpretation
25
32
In this Schedule—
“fundholding body” means—
(a)
the policing body (in relation to any UK police force other
than the Police Service of Northern Ireland);
(b)
the Police Service of Northern Ireland (in relation to that
30
Police Service);
“specified”, in relation to a direction under any provision of this
Schedule, means specified in the direction.
Schedule 4
Section 8

NCA: general
35
Regulations as to equipment
1     (1)
The Secretary of State may make regulations requiring equipment used by
the NCA to satisfy such requirements as to design and performance as may
be prescribed by the regulations.

Crime and Courts Bill [HL]
Schedule 4 — NCA: general
50

      (2)
The Secretary of State may, by regulations, make any of the following kinds
of provision—
(a)
provision requiring the NCA, when using equipment for the
purposes specified in the regulations, to use only—
(i)
the equipment which is specified in the regulations,
5
(ii)
equipment which is of a description so specified, or
(iii)
equipment which is of a type approved by the Secretary of
State in accordance with the regulations;
(b)
provision prohibiting the NCA from using equipment of a type
approved as mentioned in sub-paragraph (a)(iii) except—
10
(i)
where the conditions subject to which the approval was
given are satisfied, and
(ii)
in accordance with the other terms of that approval;
(c)
provision requiring equipment used by the NCA to comply with
such conditions as may be specified in the regulations, or as may be
15
approved by the Secretary of State in accordance with the
regulations;
(d)
provision prohibiting the NCA from using equipment specified in
the regulations, or any equipment of a description so specified.
      (3)
Before making regulations under this section, the Secretary of State must
20
consult—
(a)
the Director General, and
(b)
such other persons as the Secretary of State considers appropriate.
      (4)
In this paragraph “equipment” includes—
(a)
vehicles, and
25
(b)
headgear and protective and other clothing.
Liability of NCA for unlawful acts
2     (1)
In any of the following cases, the NCA is liable in respect of unlawful
conduct of a person in the same manner as an employer is liable in respect
of unlawful conduct of employees in the course of their employment.
30
      (2)
The first case is where the unlawful conduct is conduct of a constable or
other person which occurs when the person is carrying out, or purporting to
carry out, functions whilst—
(a)
seconded to the NCA to serve as an NCA officer, or
(b)
provided for the assistance of the NCA under Part 3 of Schedule 3.
35
      (3)
The second case is where the unlawful conduct is conduct of a person (other
than an NCA officer) who is a member of an NCA-led international joint
investigation team which occurs when the person is carrying out, or
purporting to carry out, functions as a member of the team.
      (4)
The third case is where the unlawful conduct is conduct of a person carrying
40
out surveillance under section 76A of the Regulation of Investigatory
Powers Act 2000 (foreign surveillance operations).
      (5)
If (in any of those cases) the unlawful conduct is a tort, the NCA is
accordingly to be treated as a joint tortfeasor.

This sub-paragraph does not apply in Scotland.
45
      (6)
If—

Crime and Courts Bill [HL]
Schedule 4 — NCA: general
51

(a)
the NCA pays a sum by virtue of this paragraph, and
(b)
the Secretary of State receives under any international agreement a
sum by way of reimbursement (in whole or in part) of the sum paid
by the NCA,

the Secretary of State must pay to the NCA the sum received by way of
5
reimbursement.
      (7)
This paragraph does not affect the liability of the NCA for the conduct of
NCA officers.
      (8)
References in this paragraph to unlawful conduct by a person include
references to unlawful conduct by a person in reliance, or purported
10
reliance, on a designation under section 9 or 10.
Assaults or obstruction in connection with joint investigation teams
3     (1)
A person commits an offence if the person assaults a member of an NCA-led
international joint investigation team who is carrying out functions as a
member of the team.
15
      (2)
A person guilty of that offence is liable on summary conviction to either or
both of the following—
(a)
imprisonment for a term not exceeding—
(i)
51 weeks months on conviction in England and Wales;
(ii)
12 months on conviction in Scotland;
20
(iii)
6 months on conviction in Northern Ireland;
(b)
a fine not exceeding level 5 on the standard scale.
      (3)
A person commits an offence if the person resists or wilfully obstructs a
member of an NCA-led international joint investigation team who is
carrying out functions as a member of that team.
25
      (4)
A person guilty of that offence is liable on summary conviction to either or
both of the following—
(a)
imprisonment for a term not exceeding—
(i)
51 weeks on conviction in England and Wales;
(ii)
12 months on conviction in Scotland;
30
(iii)
1 month on conviction in Northern Ireland;
(b)
a fine not exceeding level 3 on the standard scale.
      (5)
In relation to an offence committed before the commencement of section
281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary
offences)—
35
(a)
the reference in sub-paragraph (2)(a) to the period of 51 weeks is to
be read as a reference to the period of 6 months; and
(b)
the reference in sub-paragraph (4)(a) to the period of 51 weeks is to
be read as a reference to the period of 1 month.
Application of discrimination legislation to secondees: Northern Ireland
40
4     (1)
An NCA secondee is to be treated, for the purposes of the provisions listed
in sub-paragraph (2), as being employed by the NCA as respects any act
done by the NCA in relation to that person.
      (2)
Those provisions are—