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 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
80

Police (Scotland) Act 1967 (c. 77)
17
In the Police (Scotland) Act 1967, in section 38A (constables engaged on
service outside their force), in subsection (1)—
(a)
in paragraph (bc), for “member of the staff of the Serious Organised
Crime Agency” substitute “National Crime Agency officer”;
5
(b)
omit paragraph (bh).
Firearms Act 1968 (c. 27)
18
In the Firearms Act 1968, in section 54 (application of Parts 1 and 2 to Crown
Servants), in subsection (3), omit paragraph (c) (and the word “or” at the end
of paragraph (b)).
10
Superannuation Act 1972 (c. 11)
19
In the Superannuation Act 1972, in Schedule 1 (kinds of employment etc
referred to in section 1)—
(a)
omit the entry for employment by the Serious Organised Crime
Agency;
15
(b)
omit the entry for employment as a member of the staff of the
National Policing Improvement Agency.
Health and Safety at Work etc. Act 1974 (c. 37)
20    (1)
Section 51A of the Health and Safety at Work etc. Act 1974 (application of
Part 1 to police) is amended in accordance with this paragraph.
20
      (2)
In subsection (2)(b), for “Serious Organised Crime Agency to serve as a
member of its staff” substitute “National Crime Agency to serve as a
National Crime Agency officer”.
      (3)
In subsection (2E), for paragraph (f) substitute—
“(f)
paragraph 2 of Schedule 4 to the Crime and Courts Act
25
2012;”.
House of Commons Disqualification Act 1975 (c. 24)
21
In the House of Commons Disqualification Act 1975, in Schedule 1 (offices
disqualifying for membership)—
(a)
in Part 2 (bodies of which all members are disqualified), omit—
30
(i)
the entry for the National Policing Improvement Agency;
(ii)
the entry for the Serious Organised Crime Agency;
(b)
in Part 3 (other disqualifying offices), omit the entry for members of
the staff of the Serious Organised Crime Agency.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
35
22
In the Northern Ireland Assembly Disqualification Act 1975, in Schedule 1
(offices disqualifying for membership)—
(a)
in Part 2 (bodies of which all members are disqualified), omit—
(i)
the entry for the National Policing Improvement Agency;
(ii)
the entry for the Serious Organised Crime Agency;
40

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
81

(b)
in Part 3 (other disqualifying offices), omit the entry for members of
the staff of the Serious Organised Crime Agency.
Police Pensions Act 1976 (c. 35)
23
The Police Pensions Act 1976 is amended as follows.
24
In section 7 (payment of pensions and contributions), in subsection (2)—
5
(a)
omit—
(i)
paragraphs (ca) to (cd);
(ii)
paragraph (cf);
(b)
after paragraph (d) insert—
“(da)
a National Crime Agency officer whose service as
10
such is eligible service;”
25    (1)
Section 11 (interpretation) is amended in accordance with this paragraph.
      (2)
In subsection (1)—
(a)
omit—
(i)
paragraphs (ba) to (bd);
15
(ii)
paragraph (bf);
(b)
after paragraph (c) insert—
“(ca)
eligible service as a National Crime Agency officer.
      (3)
In subsection (2A)—
(a)
in paragraph (c)—
20
(i)
for “paragraph (ba), (bb), (bc) or (bd)” substitute “paragraph
(ca)”;
(ii)
for “SOCA” substitute “the National Crime Agency”;
(b)
omit paragraph (f).
      (4)
In subsection (5), omit the definition of “SOCA”.
25
      (5)
After subsection (8) insert—
“(9)
A person’s service as a National Crime Agency officer is “eligible
service” for the purposes of this Act in any of the following cases.
(10)
The first case is where—
(a)
the person’s service as a National Crime Agency officer is—
30
(i)
service as the Director General, or
(ii)
service that is designated for this purpose by the
Director General, and
(b)
the person is (immediately before beginning that service) a
member, or eligible to be a member, of a police pension
35
scheme.
(11)
The second case is where—
(a)
immediately before beginning the service as a National
Crime Agency officer, the person—
(i)
is serving as a member of the staff of the Serious
40
Organised Crime Agency, and
(ii)
by virtue of that service is, or is eligible to be, a
member of a police pension scheme, and

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
82

(b)
the person becomes a National Crime Agency officer by
virtue of a scheme under paragraph 2 of this Schedule.
(12)
The third case is where—
(a)
immediately before beginning the service as a National
Crime Agency officer, the person—
5
(i)
is serving as a member of a police force, and
(ii)
by virtue of that service is, or is eligible to be, a
member of a police pension scheme, and
(b)
the person becomes a National Crime Agency officer by
virtue of a scheme under paragraph 2 of this Schedule.
10
(13)
In subsections (10) to (12) “police pension scheme” means a pension
scheme provided for under—
(a)
section 1 above, or
(b)
section 25(2)(k) of the Police (Northern Ireland) Act 1998.”.
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
15
26
In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in
Schedule 1 (ineligibility for and disqualification and excusal from jury
service), in Group B in Part 1 (others concerned with the administration of
justice), for paragraph (nc) substitute—
“(nc)
National Crime Agency officers;”.
20
Limitation Act 1980 (c. 58)
27
In section 27A of the Limitation Act 1980 (actions for recovery of property
obtained through unlawful conduct etc), in subsection (8), for paragraph (a)
substitute—
“(a)
the National Crime Agency,”.
25
Prosecution of Offences Act 1985 (c. 23)
28
In section 3 of the Prosecution of Offences Act 1985 (functions of the Director
of Public Prosecutions), in subsection (2)—
(a)
before paragraph (b) insert—
“(ac)
to take over the conduct of any criminal proceedings
30
instituted on behalf of the National Crime Agency;”;
(b)
before paragraph (c) insert—
“(bc)
where it appears to him appropriate to do so, to
institute and have the conduct of any criminal
proceedings relating to a criminal investigation by the
35
National Crime Agency;”;
(c)
after paragraph (ec) insert—
“(ed)
to give advice, to such extent as he considers
appropriate and to such person as he considers
appropriate, in relation to—
40
(i)
criminal investigations by the National Crime
Agency, or
(ii)
criminal proceedings arising out of such
investigations;”

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
83

Security Service Act 1989 (c. 5)
29
The Security Service Act 1989 is amended as follows.
30
In section 1 (the Security Service), in subsection (4), for “Serious Organised
Crime Agency” substitute “National Crime Agency”.
31
In section 2 (the Director General), in subsection (2)(c)—
5
(a)
for “Director General of the Serious Organised Crime Agency”
substitute “Director General of the National Crime Agency”;
(b)
for “Serious Organised Crime Agency” (in the second place)
substitute “National Crime Agency”.
Official Secrets Act 1989 (c. 6)
10
32
In the Official Secrets Act 1989, in section 12 (meanings of “crown servant”
and “government contractor”, in subsection (1)(e), omit “or of the Serious
Organised Crime Agency”.
Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))
33
In Article 72A of the Limitation (Northern Ireland) Order 1989 (actions for
15
recovery of property obtained through unlawful conduct etc), in paragraph
(8), for sub-paragraph (a) substitute—
“(a)
the National Crime Agency,”.
Police Act 1996 (c. 16)
34
The Police Act 1996 is amended as follows.
20
35
In section 57 (common services), in subsections (3A) and (4)(c), for “Serious
Organised Crime Agency” substitute “National Crime Agency”.
36
In section 59 (police federations), omit subsection (7A).
37
In section 61 (the Police Negotiating Board for Great Britain), in subsection
(1), omit paragraph (bb).
25
38    (1)
Section 62 (functions of the Police Negotiating Board with respect to
regulations) is amended in accordance with this paragraph.
      (2)
In subsection (1), omit paragraph (d) (and the word “or” at the end of
paragraph (c)).
      (3)
Omit subsections (1D) and (1E).
30
      (4)
In subsection (2), for “(1A), (1D) or (1E)” substitute “or (1A)”.
39
In section 63 (Police Advisory Boards for England and Wales and for
Scotland), omit subsections (1C) and (3)(c).
40
In section 64 (membership of trade unions), omit subsections (4C) and (4D).
41
In section 88 (liability for wrongful acts of constables), in subsection (5A), for
35
the words from “section 23” to “Agency” substitute “Part 3 of Schedule 3 to
the Crime and Courts Act 2012, a National Crime Agency officer”.
42
In section 90 (impersonation etc), omit subsection (4)(ab).

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
84

43
In section 91 (causing disaffection), omit subsection (2)(aa).
44
In section 97 (police officers engaged on service outside their force), in
subsection (1)—
(a)
omit—
(i)
paragraph (cf);
5
(ii)
paragraph (cg);
(b)
after paragraph (ci) insert—
“(cj)
temporary service as a National Crime Agency officer
on which a person is engaged with the consent of the
appropriate authority;”.
10
Police Act 1997 (c. 50)
45
The Police Act 1997 is amended as follows.
46    (1)
Section 93 (authorisations to interfere with property etc) is amended in
accordance with this paragraph.
      (2)
In subsections (1B) and (3)(b), for “member of the staff of the Serious
15
Organised Crime Agency” substitute “National Crime Agency officer”.
      (3)
In subsection (5), for paragraph (f) substitute—
“(f)
the Director General of the National Crime Agency, or any
other National Crime Agency officer who is designated for
the purposes of this paragraph by that Director General;”.
20
47
In section 94 (authorisations given in absence of authorising officer), in
subsection (2)(e), for “Director General of the Serious Organised Crime
Agency” substitute “Director General of the National Crime Agency”.
48
In section 97 (authorisations requiring approval), in subsection (6B)(b), for
“member of the staff of the Serious Organised Crime Agency” substitute
25
“National Crime Agency officer”.
49
In section 107 (supplementary provisions relating to Commissioners), in
subsection (4)(b), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.
50
In section 113B (enhanced criminal record certificates)—
30
(a)
in subsection (10), omit paragraphs (f) and (g);
(b)
in subsection (11)(b), for “Serious Organised Crime Agency”
substitute “National Crime Agency”.
Police (Northern Ireland) Act 1998 (c. 32)
51
The Police (Northern Ireland) Act 1998 is amended as follows.
35
52
In section 27 (members of the Police Service of Northern Ireland engaged on
other police service), in subsection (1)—
(a)
in paragraph (cb), for “member of the staff of the Serious Organised
Crime Agency” substitute “National Crime Agency officer”;
(b)
omit paragraph (cc).
40

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
85

Northern Ireland Act 1998 (c. 47)
53
In the Northern Ireland Act 1998, in Schedule 3 (reserved matters), in
paragraph 9(1), for sub-paragraph (g) substitute—
“(g)
the National Crime Agency;”.
Terrorism Act 2000 (c. 11)
5
54
The Terrorism Act 2000 is amended as follows.
55
In section 19 (disclosure of information: duty), in subsection (7B), for
“member of the staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.
56
In section 20 (disclosure of information: permission), in subsection (5), for
10
“member of the staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.
57
In section 21ZA (arrangements with prior consent), in subsection (5), for
“member of the staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.
15
58
In section 21ZB (disclosure after entering into arrangements), in subsection
(4), for “member of the staff of the Serious Organised Crime Agency”
substitute “National Crime Agency officer”.
59
In section 21A (failure to disclosure: regulated sector), in subsection (14), for
“member of the staff of the Serious Organised Crime Agency” substitute
20
“National Crime Agency officer”.
60
In section 21B (protected disclosures), in subsection (7), for “member of the
staff of the Serious Organised Crime Agency” substitute “National Crime
Agency officer”.
61    (1)
Section 21C (disclosures to SOCA) is amended in accordance with this
25
paragraph.
      (2)
In the title for “SOCA” substitute “the National Crime Agency”.
      (3)
In subsections (1) and (2), for “member of staff of the Serious Organised
Crime Agency” substitute “National Crime Agency officer”.
62
In section 21D (tipping off: regulated sector), in subsection (2)(d), for
30
“member of staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.
63
In Schedule 14 (exercise of officers’ powers), in paragraph 4 (information),
for sub-paragraph (1)(d) substitute—
“(d)
to the National Crime Agency;”.
35
Regulation of Investigatory Powers Act 2000 (c. 23)
64
The Regulation of Investigatory Powers Act 2000 is amended as follows.
65
In section 6 (application for issue of an interception warrant), in subsection
(2), for paragraph (d) substitute—
“(d)
the Director General of the National Crime Agency;”.
40

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
86

66
In section 17 (exclusion of matters from legal proceedings), in subsection (3),
omit paragraph (c).
67
In section 19 (offence for unauthorised disclosures), in subsection (2), for
paragraph (c) substitute—
“(c)
every National Crime Agency officer;”.
5
68    (1)
Section 25 (interpretation of Chapter 2) is amended in accordance with this
paragraph.
      (2)
In subsection (1), in the definition of “relevant public authority”, for
paragraph (b) substitute—
“(b)
the National Crime Agency;”.
10
      (3)
In subsection (3A), for the words from “Serious” to the end substitute
“National Crime Agency include references to any National Crime Agency
officer.”.
69
In section 32 (authorisation of intrusive surveillance), in subsection (6), for
paragraph (k) substitute—
15
“(k)
the Director General of the National Crime Agency and any
National Crime Agency officer who is designated for the
purposes of this paragraph by that Director General;”.
70    (1)
Section 33 (rules of grant of authorisations) is amended in accordance with
this paragraph.
20
      (2)
In subsection (1A), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.
      (3)
In subsection (3A)—
(a)
for “The Director General of the Serious Organised Crime Agency”
substitute “The Director General of the National Crime Agency”;
25
(b)
for “member of staff of the Agency” substitute “National Crime
Agency officer”.
      (4)
In subsection (5)(a), for “member of the staff of the Serious Organised Crime
Agency” substitute “National Crime Agency officer”.
71    (1)
Section 34 (grant of authorisation in the senior officer’s absence) is amended
30
in accordance with this paragraph.
      (2)
In subsection (1)(a), for “member of the staff of the Serious Organised Crime
Agency” substitute “National Crime Agency officer”.
      (3)
In subsection (4)(j), for “Director General of the Serious Organised Crime
Agency” substitute “Director General of the National Crime Agency”.
35
72    (1)
Section 35 (notifications of authorisations for intrusive surveillance) is
amended in accordance with this paragraph.
      (2)
In subsection (1), for “SOCA” substitute “the National Crime Agency”.
      (3)
In subsection (10)—
(a)
for “SOCA” substitute “the National Crime Agency”;
40
(b)
in paragraph (a), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.