|
| |
|
(3) | It is a defence for a person charged with an offence under this paragraph to |
| |
prove that the person reasonably believed— |
| |
(a) | that the disclosure was lawful, or |
| |
(b) | that the information disclosed had already and lawfully been made |
| |
| 5 |
(4) | A prosecution for an offence under this paragraph— |
| |
(a) | may be brought in England and Wales only with the consent of the |
| |
Director of Public Prosecutions; |
| |
(b) | may be brought in Northern Ireland only with the consent of the |
| |
Director of Public Prosecutions for Northern Ireland. |
| 10 |
(5) | This paragraph is without prejudice to the pursuit of any remedy or the |
| |
taking of any action in relation to a breach of a relevant duty. |
| |
(6) | A person guilty of an offence under this paragraph is liable on conviction on |
| |
indictment to either or both of the following— |
| |
(a) | imprisonment for a term not exceeding 2 years; |
| 15 |
| |
(7) | A person guilty of an offence under this paragraph is liable on summary |
| |
conviction to either or both of the following— |
| |
(a) | imprisonment for a term not exceeding— |
| |
(i) | 12 months on conviction in England and Wales; |
| 20 |
(ii) | 12 months on conviction in Scotland; |
| |
(iii) | 6 months on conviction in Northern Ireland; |
| |
(b) | a fine not exceeding the statutory maximum. |
| |
(8) | In relation to an offence committed before the commencement of section 282 |
| |
of the Criminal Justice Act 2003 (increase in maximum sentence on summary |
| 25 |
conviction of offence triable either way), the reference in sub-paragraph |
| |
(7)(a)(i) to the period of 12 months is to be read as a reference to the period |
| |
| |
| |
| 30 |
| |
11 | A consent to disclosure of information under any provision of this Schedule |
| |
may be given in relation to— |
| |
(a) | a particular disclosure, or |
| |
(b) | disclosures made in circumstances specified or described in the |
| 35 |
| |
| |
| |
“Commissioners” means the Commissioners for Her Majesty’s |
| |
| 40 |
“PCA 2002” means the Proceeds of Crime Act 2002. |
| |
|
| |
|
| |
|
| |
| |
Abolition of SOCA and NPIA |
| |
| |
Transitional, transitory and saving provision |
| |
| 5 |
1 (1) | The Secretary of State may make— |
| |
(a) | one or more staff transfer schemes, and |
| |
(b) | one or more property transfer schemes. |
| |
(2) | The Secretary of State may include— |
| |
(a) | provision under paragraph 2(1)(a)(v) in a staff transfer scheme, or |
| 10 |
(b) | provision under paragraph 3(1)(d) in a property transfer scheme, |
| |
| only if the Secretary of State considers that the provision is appropriate in |
| |
connection with an order under section 2 (modification of NCA functions). |
| |
(3) | The Secretary of State must lay before Parliament each staff transfer scheme |
| |
and each property transfer scheme that is made. |
| 15 |
2 (1) | A staff transfer scheme is a scheme which provides— |
| |
| |
(i) | a designated member of the staff of SOCA, |
| |
(ii) | a designated member of the staff of the NPIA, |
| |
(iii) | a designated constable in an England and Wales police force, |
| 20 |
(iv) | a designated member of the civilian staff of an England and |
| |
| |
(v) | a designated member of the personnel or staff of any other |
| |
| |
| (a “designated transferee”) to become an NCA officer and, |
| 25 |
accordingly, to become employed in the civil service of the state; |
| |
(b) | so far as may be consistent with employment in the civil service of |
| |
the state, for the terms and conditions of the designated transferee’s |
| |
employment to have effect as the person’s terms and conditions of |
| |
employment as an NCA officer; |
| 30 |
(c) | for the transfer to the NCA of the rights, powers, duties and liabilities |
| |
of the employer under or in connection with the designated |
| |
transferee’s contract of employment; |
| |
(d) | for anything done (or having effect as if done) before that transfer by |
| |
or in relation to the employer in respect of such a contract or the |
| 35 |
designated transferee to be treated as having been done by or in |
| |
| |
(2) | A staff transfer scheme may provide for a period before a person became an |
| |
NCA officer to count as a period during which the person was employed in |
| |
the civil service of the state (and for the operation of the scheme not to be |
| 40 |
treated as having interrupted the continuity of that period). |
| |
(3) | A staff transfer scheme may provide for a person who would otherwise |
| |
become an NCA officer under a staff transfer scheme not to become such a |
| |
|
| |
|
| |
|
member of staff if the person gives notice objecting to the operation of the |
| |
scheme in relation to the person. |
| |
(4) | A staff transfer scheme may provide for any person who would be treated |
| |
(whether by an enactment or otherwise) as being dismissed by the operation |
| |
of the scheme not to be so treated. |
| 5 |
(5) | A staff transfer scheme may provide for a person to become an NCA officer |
| |
despite any provision, of whatever nature, which would otherwise prevent |
| |
the person from being employed in the civil service of the state. |
| |
(6) | A staff transfer scheme may provide for a person’s secondment to SOCA or |
| |
the NPIA to continue as a secondment of that person to the NCA. |
| 10 |
(7) | In the application of this paragraph to the transfer of a constable— |
| |
(a) | a reference to employment (other than employment as an NCA |
| |
officer) is a reference to service as a constable; |
| |
(b) | a reference to a contract of employment is a reference to the terms |
| |
and conditions of service as a constable; |
| 15 |
(c) | a reference to the employer is a reference to the chief officer of the |
| |
police force, and the policing body for the police force, in which the |
| |
| |
3 (1) | A property transfer scheme is a scheme providing for the transfer to the |
| |
NCA of designated property, rights or liabilities from— |
| 20 |
| |
| |
(c) | the chief officer of, or the policing body, for an England and Wales |
| |
| |
| 25 |
(2) | A property transfer scheme may— |
| |
(a) | create rights, or impose liabilities, in relation to property or rights |
| |
transferred by virtue of the scheme; |
| |
(b) | provide for anything done by or in relation to a transferor in |
| |
connection with any property, rights or liabilities transferred by the |
| 30 |
scheme to be treated as done, or to be continued, by or in relation to |
| |
| |
(c) | apportion property, rights and liabilities; |
| |
(d) | make provision about the continuation of legal proceedings. |
| |
(3) | The things that may be transferred by a property transfer scheme include— |
| 35 |
(a) | property, rights and liabilities that could not otherwise be |
| |
| |
(b) | property acquired, and rights and liabilities arising, after the making |
| |
| |
4 (1) | A staff transfer scheme or a property transfer scheme may make— |
| 40 |
(a) | provision for any reference to a transferor in any document to have |
| |
effect as, or as including, a reference to the NCA; |
| |
(b) | supplementary, incidental, transitional and consequential provision. |
| |
(2) | A staff transfer scheme may make provision which is the same or similar as |
| |
provision made by the TUPE regulations (if those regulations do not apply |
| 45 |
| |
|
| |
|
| |
|
| |
“civilian staff”, in relation to an England and Wales police force, means |
| |
a person employed by the policing body for that force; |
| |
“designated”, in relation to a staff transfer scheme or a property transfer |
| |
scheme, means specified in, or determined in accordance with, the |
| 5 |
| |
“transferor”, in relation to a staff transfer scheme or a property transfer |
| |
scheme, means any of the following to which the scheme relates— |
| |
| |
| 10 |
(c) | the chief officer of, or the policing body, for an England and |
| |
| |
| |
“TUPE regulations” means the Transfer of Undertakings (Protection of |
| |
Employment) Regulations 2006. |
| 15 |
| |
6 (1) | The Secretary of State may pay such amount (if any) as the Secretary of State |
| |
thinks appropriate to a person who ceases to be a SOCA board member at |
| |
| |
(2) | In this paragraph “SOCA board member” means a person who is a member |
| 20 |
of SOCA by virtue of paragraph 1(1)(a) or (c) of Schedule 1 to the Serious |
| |
Organised Crime and Police Act 2005 (the chairman and ordinary members). |
| |
SOCA annual reports and accounts |
| |
7 (1) | The repeal of sections 7 and 20 of the Serious Organised Crime and Police |
| |
Act 2005 (annual reports and accounts) by this Act does not affect the |
| 25 |
application of those sections, after the changeover, in relation to times before |
| |
| |
(2) | Sections 7 and 20 of the 2005 Act apply in relation to the final period as they |
| |
apply to any financial year of SOCA (and, accordingly, references in those |
| |
sections to a financial year of SOCA include references to the final period). |
| 30 |
(3) | After the changeover, the duties imposed on SOCA by sections 7 and 20 of |
| |
the 2005 Act are to be discharged by the Director General of the National |
| |
| |
(4) | In this paragraph “final period” means the period which— |
| |
(a) | begins with the last 1 April to fall before the changeover, and |
| 35 |
(b) | ends with the changeover. |
| |
Saving of accrued pension rights etc |
| |
8 (1) | The amendments of the Superannuation Act 1972 made by Part 2 of this |
| |
Schedule do not affect the operation of that Act in relation to employment of |
| |
any of the following kinds by any person— |
| 40 |
| |
(b) | employment as a member of the staff of the NPIA. |
| |
|
| |
|
| |
|
(2) | The amendments of the Police Pensions Act 1976 made by Part 2 of this |
| |
Schedule do not affect the operation of that Act in relation to service of any |
| |
of the following kinds by any person— |
| |
(a) | service as an employee of SOCA; |
| |
(b) | relevant service within paragraph (ca) or (cb) of section 97(1) of the |
| 5 |
| |
(c) | relevant service within section 38A(1)(ba) of the Police (Scotland) Act |
| |
| |
(d) | service as a member of the staff of NPIA. |
| |
| 10 |
9 (1) | The power conferred by section 30 may, in particular, be exercised to make |
| |
provision to secure that the NCA provisions have full effect despite the |
| |
coming into force of particular NCA provisions before the coming into force |
| |
of particular Scottish police reform provisions. |
| |
(2) | Such provision may, in particular, modify a reference in any of the NCA |
| 15 |
provisions to any person, body or other thing created by the Scottish police |
| |
| |
(3) | That includes the modification of a reference— |
| |
(a) | to the Police Service of Scotland, in particular by providing for it to |
| |
have effect as, or as including, a reference to one or more of the |
| 20 |
| |
(i) | an existing Scottish police force; |
| |
(ii) | the Scottish Crime and Drugs Enforcement Agency; |
| |
(b) | to the chief constable of the Police Service of Scotland, in particular |
| |
by providing for it to have effect as, or as including, a reference to |
| 25 |
one or more of the following— |
| |
(i) | the chief constable of an existing Scottish police force; |
| |
(ii) | the Scottish Crime and Drugs Enforcement Agency; |
| |
(iii) | the Director General of that Agency; |
| |
(c) | to the Scottish Police Authority, in particular by providing for it to |
| 30 |
have effect as, or as including, a reference to one or more of the |
| |
| |
(i) | an existing Scottish police authority; |
| |
(ii) | the Scottish Crime and Drugs Enforcement Agency; |
| |
(iii) | the Director General of that Agency; |
| 35 |
(iv) | the Scottish Police Services Authority; |
| |
(d) | to constables in the Police Service of Scotland, in particular by |
| |
providing for it to have effect as, or as including, a reference to one |
| |
or more of the following— |
| |
(i) | constables in existing Scottish police forces; |
| 40 |
(ii) | police members of the Scottish Crime and Drugs |
| |
| |
(iii) | support staff members of the Scottish Crime and Drugs |
| |
| |
| 45 |
“existing Scottish police authority” means a body which is a police |
| |
authority by virtue of section 2 of the Police (Scotland) Act 1967 or a |
| |
|
| |
|
| |
|
joint police board constituted in accordance with an amalgamation |
| |
scheme made under that Act; |
| |
“existing Scottish police force” means a police force maintained under, |
| |
or by virtue of, section 1 of the Police (Scotland) Act 1967; |
| |
“NCA provisions” means the provisions of Part 1 of this Act (including |
| 5 |
any amendments of other enactments made by that Part); |
| |
“Scottish police reform provisions” means the provisions of Part 1 of |
| |
the Police and Fire Reform (Scotland) Act 2012. |
| |
Director of Revenue and Customs Prosecutions |
| |
10 (1) | This paragraph applies if, before the changeover, there has been no merger |
| 10 |
| |
(a) | the Director of Public Prosecutions, and |
| |
(b) | the Director of Revenue and Customs Prosecutions. |
| |
(2) | In relation to the DRCP transitional period, the reference to the Director of |
| |
Public Prosecutions in paragraph of (i)(i) of the definition of permitted |
| 15 |
purpose in section 16 has effect as if it included a reference to the Director of |
| |
Revenue and Customs Prosecutions. |
| |
| |
(a) | a reference to a merger of offices is a reference to a Minister merging |
| |
the offices by order under section 2 of the Public Bodies Act 2011; |
| 20 |
(b) | “DRCP transitional period” means the period which— |
| |
(i) | begins with the changeover, and |
| |
(ii) | ends when there is a merger of the offices of the Director of |
| |
Public Prosecutions and the Director of Revenue and |
| |
| 25 |
| |
11 | In this Part of this Schedule— |
| |
“changeover” means the time when section 1 comes into force; |
| |
“NPIA” means the National Policing Improvement Agency; |
| |
“SOCA” means the Serious Organised Crime Agency. |
| 30 |
| |
Minor and consequential amendments and repeals |
| |
Explosives Act 1875 (c. 17) |
| |
12 (1) | Section 75 of the Explosives Act 1875 is amended in accordance with this |
| |
| 35 |
(2) | In subsection (1), for “Director General of the Serious Organised Crime |
| |
Agency” substitute “Director General of the National Crime Agency”. |
| |
(3) | In subsection (2), for the words from “means” to “2005” substitute “means a |
| |
National Crime Agency officer who is for the time being designated under |
| |
section 9 or 10 of the Crime and Courts Act 2012”. |
| 40 |
|
| |
|
| |
|
Police (Property) Act 1897 (c. 30) |
| |
13 (1) | Section 2A of the Police (Property) Act 1897 (application to SOCA) is |
| |
amended in accordance with this paragraph. |
| |
(2) | In the heading, for “SOCA” substitute “the National Crime Agency”. |
| |
(3) | In subsection (1), for “Serious Organised Crime Agency” substitute |
| 5 |
| |
| |
(a) | for “Serious Organised Crime Agency” substitute “National Crime |
| |
| |
(b) | in paragraph (a) for “member of staff of that Agency” substitute |
| 10 |
“National Crime Agency officer”. |
| |
(5) | In subsection (3), for “Serious Organised Crime Agency” substitute |
| |
| |
Public Records Act 1958 (c. 51) |
| |
14 | In Schedule 1 to the Public Records Act 1958, in Part 2 of the table at the end |
| 15 |
| |
(a) | the entry relating to the National Policing Improvement Agency; |
| |
(b) | the entry relating to the Serious Organised Crime Agency. |
| |
Offices, Shops and Railway Premises Act 1963 (c. 41) |
| |
15 | In section 90 of the Offices, Shops and Railway Premises Act 1963 |
| 20 |
(interpretation), in subsection (4)(d), for the words from “Serious” to the end |
| |
substitute “National Crime Agency to serve as a National Crime Agency |
| |
| |
Parliamentary Commissioner Act 1967 (c. 13) |
| |
16 (1) | Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc |
| 25 |
subject to investigation) is amended in accordance with this paragraph. |
| |
(2) | In the list of departments etc subject to investigation— |
| |
(a) | insert at the appropriate place— |
| |
| “National Crime Agency.”; |
| |
| 30 |
(i) | the entry relating to the National Policing Improvement |
| |
| |
(ii) | the entry relating to the Serious Organised Crime Agency. |
| |
(3) | In the notes after that list, in the note relating to the Serious Organised Crime |
| |
| 35 |
(a) | for the title substitute “National Crime Agency”; |
| |
(b) | in the note, for “Serious Organised Crime Agency” substitute |
| |
| |
|
| |
|