Crime and Courts Bill [HL]

Session 2012 - 13
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Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 7 — Information: restrictions on disclosure
Part 6 — General
73

      (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
available to the public.
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
(b)
a fine.
      (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
of 6 months.
Part 6
General
30
Consents
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
consent.
Interpretation
12
In this Schedule—
“Commissioners” means the Commissioners for Her Majesty’s
Revenue and Customs;
40
“PCA 2002” means the Proceeds of Crime Act 2002.

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 1 — Transitional, transitory and saving provision
74

Schedule 8
Section 15

Abolition of SOCA and NPIA
Part 1
Transitional, transitory and saving provision
Transfer schemes
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—
(a)
for—
(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
Wales police force, or
(v)
a designated member of the personnel or staff of any other
person,

(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
relation to the NCA.
      (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

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 1 — Transitional, transitory and saving provision
75

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;
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(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
constable serves.
3     (1)
A property transfer scheme is a scheme providing for the transfer to the
NCA of designated property, rights or liabilities from—
20
(a)
SOCA,
(b)
the NPIA,
(c)
the chief officer of, or the policing body, for an England and Wales
police force, or
(d)
any other person.
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
the NCA;
(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
transferred;
(b)
property acquired, and rights and liabilities arising, after the making
of the scheme.
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
to the transfer).

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 1 — Transitional, transitory and saving provision
76

5
In paragraphs 2 to 4—
“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
scheme;
“transferor”, in relation to a staff transfer scheme or a property transfer
scheme, means any of the following to which the scheme relates—
(a)
SOCA;
(b)
the NPIA;
10
(c)
the chief officer of, or the policing body, for an England and
Wales police force;
(d)
any other person;
“TUPE regulations” means the Transfer of Undertakings (Protection of
Employment) Regulations 2006.
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Members of SOCA
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
the changeover.
      (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
the changeover.
      (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
Crime Agency.
      (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
(a)
employment by SOCA;
(b)
employment as a member of the staff of the NPIA.

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 1 — Transitional, transitory and saving provision
77

      (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
Police Act 1996;
(c)
relevant service within section 38A(1)(ba) of the Police (Scotland) Act
1967;
(d)
service as a member of the staff of NPIA.
Scottish police reform
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
reform provisions.
      (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
following—
(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
following—
(i)
an existing Scottish police authority;
(ii)
the Scottish Crime and Drugs Enforcement Agency;
(iii)
the Director General of that Agency;
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(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
Enforcement Agency;
(iii)
support staff members of the Scottish Crime and Drugs
Enforcement Agency.
      (4)
In this paragraph—
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

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
78

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
of the offices of—
(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.
      (3)
In this paragraph—
(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;
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(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
Customs Prosecutions.
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Interpretation
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
Part 2
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
paragraph.
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

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
79

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
“National Crime Agency”.
      (4)
In subsection (2)—
(a)
for “Serious Organised Crime Agency” substitute “National Crime
Agency”;
(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
“National Crime Agency”.
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
of paragraph 3, omit—
(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
officer”.
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.”;
(b)
omit—
30
(i)
the entry relating to the National Policing Improvement
Agency;
(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
Agency—
35
(a)
for the title substitute “National Crime Agency”;
(b)
in the note, for “Serious Organised Crime Agency” substitute
“National Crime Agency”.