Crime and Courts Bill [HL]

Session 2012 - 13
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Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 6 — Inspections and complaints
Part 2 — Complaints: other amendments
66

Part 2
Complaints: other amendments
Police Reform Act 2002
8
The Police Reform Act 2002 is amended as follows.
9     (1)
Section 10 (general functions of the IPCC) is amended in accordance with
5
this paragraph.
      (2)
In subsection (1)—
(a)
in paragraph (g), for “Serious Organised Crime Agency” substitute
“National Crime Agency”;
(b)
omit paragraph (h).
10
      (3)
In subsection (3), for paragraphs (ba) and (bb) substitute—
“(bc)
any regulations under section 26C of this Act (the National
Crime Agency);”.
      (4)
Omit subsection (9).
10    (1)
Section 11 (reports to the Secretary of State) is amended in accordance with
15
this paragraph.
      (2)
In subsection (6)—
(a)
omit paragraphs (b) and (e);
(b)
after paragraph (e) insert—
“(f)
to the National Crime Agency.”.
20
      (3)
In subsection (8), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.
      (4)
Omit subsection (9A).
      (5)
In subsection (10)—
(a)
omit paragraphs (d) and (h);
25
(b)
in paragraph (g), omit “and”;
(c)
after paragraph (h) insert “; and
(i)
the National Crime Agency.”.
11    (1)
Section 15 (general duties) is amended in accordance with this section.
      (2)
In subsection (1A), for “Serious Organised Crime Agency” substitute
30
“National Crime Agency”.
      (3)
Omit subsection (1B).
      (4)
In subsection (3)(c)—
(a)
for “Serious Organised Crime Agency” substitute “National Crime
Agency”;
35
(b)
for “member of the staff of that Agency” substitute “National Crime
Agency officer”.
      (5)
In subsections (4)(c) and (5)(c), for “Serious Organised Crime Agency”
substitute “National Crime Agency”.
      (6)
In subsection (6)—
40

Crime and Courts Bill [HL]
Schedule 6 — Inspections and complaints
Part 2 — Complaints: other amendments
67

(a)
for “Serious Organised Crime Agency” substitute “National Crime
Agency”;
(b)
in paragraph (a), for “member of the staff of the Agency” substitute
“a National Crime Agency officer”.
      (7)
In subsection (7), for “member of the staff of the Serious Organised Crime
5
Agency” substitute “National Crime Agency officer”.
      (8)
In subsection (8), for “member of the staff of the Serious Organised Crime
Agency” substitute “National Crime Agency officer”.
      (9)
Omit subsection (8A).
     (10)
In subsection (9)—
10
(a)
in paragraph (a), for “member of the staff of the Serious Organised
Crime Agency” substitute “National Crime Agency officer”;
(b)
in paragraph (b), for “member of the staff of the Agency” substitute
“National Crime Agency officer”.
     (11)
In subsection (10), omit paragraph (b) (and the word “and” at the end of
15
paragraph (a)).
12    (1)
Section 16 (payment for assistance with investigations) is amended in
accordance with this paragraph.
      (2)
In subsection (5)(a), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.
20
      (3)
In subsection (6), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.
13
Omit section 16A (investigations: NPIA involvement).
14
In section 17, omit subsection (6).
15
Omit sections 26A and 26B (agreements about complaints about the Serious
25
Organised Crime Agency or the National Policing Improvement Agency).
16
In section 29 (interpretation of Part 2), in subsection (3), for paragraphs (b)
and (c) substitute—
“(ca)
a National Crime Agency officer; or”.
17    (1)
Schedule 3 (handling of complaints and conduct matters etc) is amended in
30
accordance with this paragraph.
      (2)
In paragraph 16(3), for paragraphs (b) and (c) substitute—
“(d)
a National Crime Agency officer,”.
      (3)
In paragraph 17(2), for paragraphs (b) and (c) substitute—
“(d)
a National Crime Agency officer,”.
35
Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and
Modifications) Order 2007
18    (1)
The Police, Public Order and Criminal Justice (Scotland) Act 2006
(Consequential Provisions and Modifications) Order 2007(the “2007 Order”)
is amended in accordance with this paragraph.
40

Crime and Courts Bill [HL]
Schedule 7 — Information: restrictions on disclosure
Part 2 — Restrictions on disclosures of particular types of information
68

      (2)
In article 2 (interpretation), for paragraph (d) substitute—
“(d)
“NCA” means the National Crime Agency;
(e)
“NCA officer” means a National Crime Agency officer.”.
      (3)
In article 4 (agreements to establish complaints procedures), in paragraph
(7)—
5
(a)
omit sub-paragraph (b)(iv);
(b)
omit sub-paragraph (c)(iii);
(c)
after sub-paragraph (c) insert—
“(d)
any statement made by a person who is, or has been,
an NCA officer about the terms and conditions of
10
their service;”.
      (4)
The amendments of the 2007 Order made by section 11 and this Schedule
may be amended or revoked as if made in the exercise of the powers under
which the 2007 Order was made.
Police (Northern Ireland) Act 1998
15
19
In section 61 of the Police (Northern Ireland) Act 1998 (reports), in
subsection (5)(c), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.
Schedule 7
Section 12

Information: restrictions on disclosure
20
Part 1
Statutory restrictions
1
This Part of this Act does not authorise or require—
(a)
a disclosure, in contravention of any provisions of the Data
Protection Act 1998, of personal data which are not exempt from
25
those provisions, or
(b)
a disclosure which is prohibited by Part 1 of the Regulation of
Investigatory Powers Act 2000.
Part 2
Restrictions on disclosures of particular types of information
30
HMRC & customs information
2     (1)
An NCA officer must not disclose—
(a)
HMRC information,
(b)
personal customs information, or
(c)
personal customs revenue information,
35

unless the relevant authority consents to the disclosure.
      (2)
If an NCA officer has disclosed—
(a)
HMRC information,

Crime and Courts Bill [HL]
Schedule 7 — Information: restrictions on disclosure
Part 2 — Restrictions on disclosures of particular types of information
69

(b)
personal customs information, or
(c)
personal customs revenue information,

to a person, that person must not further disclose that information unless the
relevant authority consents to the disclosure.
      (3)
In this paragraph—
5
“HMRC information” means information obtained by the NCA from
the Commissioners or a person acting on behalf of the
Commissioners;
“personal customs information” and “personal customs revenue
information” have the same meanings as in the Borders, Citizenship
10
and Immigration Act 2009 (see section 15(4) of that Act);
“relevant authority” means—
(a)
the Commissioners or an officer of Revenue and Customs (in
the case of a disclosure or further disclosure of HMRC
information);
15
(b)
the Commissioners or a designated general customs official
(in the case of a disclosure or further disclosure of personal
customs information);
(c)
the Director of Border Revenue or a designated customs
revenue official (in the case of a disclosure or further
20
disclosure of personal customs revenue information).
Social security information
3     (1)
An NCA officer must not disclose social security information unless the
relevant authority consents to the disclosure.
      (2)
If an NCA officer has disclosed social security information to a person, that
25
person must not further disclose that information unless the relevant
authority consents to the disclosure.
      (3)
In this paragraph—
“relevant authority” means—
(a)
the Secretary of State (in the case of a disclosure or further
30
disclosure of information held, when disclosed to the NCA,
for the purposes of the functions of the Secretary of State);
(b)
the Department for Social Development in Northern Ireland
(in the case of a disclosure or further disclosure of
information held, when disclosed to the NCA, for the
35
purposes of the functions of a Northern Ireland department);
“social security information” means information which, when
disclosed to the NCA, was information held for the purposes of any
of the following functions of the Secretary of State or a Northern
Ireland Department—
40
(a)
functions relating to social security, including functions
relating to—
(i)
statutory payments as defined in section 4C(11) of the
Social Security Contributions and Benefits Act 1992;
(ii)
maternity allowance under section 35 of that Act;
45
(iii)
statutory payments as defined in section 4C(11) of the
Social Security Contributions and Benefits (Northern
Ireland) Act 1992;

Crime and Courts Bill [HL]
Schedule 7 — Information: restrictions on disclosure
Part 3 — Restrictions on disclosures of information relating to PCA 2002
70

(iv)
maternity allowance under section 35 of that Act;
(v)
schemes and arrangements under section 2 of the
Employment and Training Act 1973;
(b)
functions relating to the investigation and prosecution of
offences relating to tax credits.
5
Intelligence service information
4     (1)
An NCA officer must not disclose intelligence service information unless the
relevant authority consents to the disclosure.
      (2)
If an NCA officer has disclosed intelligence service information to a person,
that person must not further disclose that information unless the relevant
10
authority consents to the disclosure.
      (3)
In this paragraph—
“intelligence service” means—
(a)
the Security Service,
(b)
the Secret Intelligence Service, or
15
(c)
GCHQ (which has the same meaning as in the Intelligence
Services Act 1994);
“intelligence service information” means information obtained from an
intelligence service or a person acting on behalf of an intelligence
service;
20
“relevant authority” means—
(a)
the Director-General of the Security Service (in the case of
information obtained by the NCA from that Service or a
person acting on its behalf);
(b)
the Chief of the Secret Intelligence Service (in the case of
25
information obtained by the NCA from that Service or a
person acting on its behalf);
(c)
the Director of GCHQ (in the case of information obtained
from GCHQ or a person acting on its behalf).
Arrangements for publishing information
30
5
The Director General must not disclose information if the disclosure would
be in breach of a requirement that is imposed on the Director General by the
framework document in accordance with section 6(2).
Part 3
Restrictions on disclosures of information relating to PCA 2002
35
Information obtained in exercise of functions under Part 6 of PCA 2002
6     (1)
An NCA officer must not disclose information obtained by the NCA in
connection with the exercise of any function under PCA 2002 unless
condition A or condition B is met.
      (2)
Condition A is that—
40
(a)
the information was obtained by the NCA in connection with the
exercise of a Part 6 function, and
(b)
the disclosure is—

Crime and Courts Bill [HL]
Schedule 7 — Information: restrictions on disclosure
Part 4 — Restrictions on further disclosures of information
71

(i)
to the Commissioners,
(ii)
to the Lord Advocate for the purposes of the exercise by the
Lord Advocate of the Lord Advocate’s functions under Part
3 of PCA 2002 (confiscation: Scotland),
(iii)
to any person for purposes relating to civil proceedings
5
(whether or not in the United Kingdom) which relate to a
matter in respect of which the NCA has functions, or
(iv)
to any person for the purposes of compliance with an order
of a court or tribunal (whether or not in the United Kingdom).
      (3)
Condition B is that—
10
(a)
the information was obtained by the NCA in connection with the
exercise of a function under PCA 2002 other than a Part 6 function,
and
(b)
the disclosure is for the purposes of the exercise of—
(i)
the functions of the Lord Advocate under Part 3 of PCA 2002,
15
or
(ii)
the functions of the Scottish Ministers under, or in relation to,
Part 5 of PCA 2002.
      (4)
An NCA officer must not disclose information for the purposes mentioned
in subsection (3)(b) unless condition B is met in relation to the disclosure.
20
      (5)
In this paragraph “Part 6 function” means a function under Part 6 of PCA
2002 (revenue functions).
Part 4
Restrictions on further disclosures of information
Information generally
25
7     (1)
If an NCA officer has disclosed information to a person (the “original
recipient”), that person must not further disclose the information unless—
(a)
the disclosure is—
(i)
for a purpose connected with any relevant function of the
original recipient, or
30
(ii)
otherwise for a permitted purpose, and
(b)
the Director General consents to the disclosure.
      (2)
This paragraph does not apply to a further disclosure of information if—
(a)
the disclosure of the information by the NCA officer to the original
recipient consisted of its publication in accordance with a duty
35
imposed on the NCA officer by an enactment,
(b)
paragraph 8 or 9 applies, or
(c)
the NCA officer’s disclosure to the original recipient was a
disclosure—
(i)
to the Lord Advocate for the purposes of the exercise of the
40
functions of the Lord Advocate under Part 3 of PCA 2002, or
(ii)
to the Scottish Ministers for the purposes of the exercise of the
functions of the Scottish Ministers under, or in relation to,
Part 5 of PCA 2002;

and for provision about the further disclosure of such information,
45
see section 441 of PCA 2002.

Crime and Courts Bill [HL]
Schedule 7 — Information: restrictions on disclosure
Part 5 — Offences relating to wrongful disclosure of information
72

      (3)
In this paragraph “relevant function” means any function of the original
recipient for the purposes of which the information was disclosed to that
recipient.
Information obtained under Part 6 of PCA 2002 & disclosed to Commissioners
8     (1)
This paragraph applies to information disclosed by an NCA officer under
5
paragraph 6(2) to the Commissioners.
      (2)
The information may be further disclosed by the Commissioners only if the
disclosure is—
(a)
for a purpose connected with any relevant function of the
Commissioners, or
10
(b)
otherwise for a permitted purpose.
      (3)
The information may be further disclosed by a person other than the
Commissioners only if—
(a)
the disclosure is—
(i)
for a purpose connected with any relevant function of the
15
Commissioners, or
(ii)
otherwise for a permitted purpose, and
(b)
the Director General consents to the disclosure.
      (4)
In this paragraph “relevant function” means any function of the
Commissioners for the purposes of which the information was disclosed.
20
Information obtained under Part 6 of PCA 2002 & disclosed to Lord Advocate
9
Information disclosed by an NCA officer under paragraph 6(2) to the Lord
Advocate may be further disclosed only if the disclosure is—
(a)
by the Lord Advocate to the Scottish Ministers, and
(b)
for the purpose of the exercise by the Scottish Ministers of their
25
functions under Part 5 of PCA 2002.
Part 5
Offences relating to wrongful disclosure of information
10    (1)
An NCA officer commits an offence if—
(a)
the NCA officer discloses information, and
30
(b)
that disclosure breaches the duty under—
(i)
paragraph 2(1) (disclosure of HMRC information, personal
customs information or personal revenue customs
information), or
(ii)
paragraph 3(1) (disclosure of social security information).
35
      (2)
A person commits an offence if—
(a)
the person further discloses information, and
(b)
that further disclosure breaches the duty under—
(i)
paragraph 2(2) (further disclosure of HMRC information,
personal customs information or personal revenue customs
40
information), or
(ii)
paragraph 3(2) (further disclosure of social security
information).