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
94

(c)
after paragraph (db) substitute—
“(dc)
the person is, or has been, a National Crime Agency
officer;”.
Sexual Offences Act 2003 (c. 42)
138
In section 94 of the Sexual Offences Act 2003 (Part 2: supply of information
5
to Secretary of State etc for verification), in subsection (3), omit paragraph
(b).
Commissioners for Revenue and Customs Act 2005 (c. 11)
139
In section 20 of the Commissioners for Revenue and Customs Act 2005, in
section 20 (public interest disclosure), in subsection (7)(a), for “national
10
Policing Improvement Agency” substitute “Secretary of State”.
Serious Organised Crime and Police Act 2005 (c. 15)
140
The Serious Organised Crime and Police Act 2005 is amended as follows.
141
Omit Part 1 (the Serious Organised Crime Agency).
142
In section 62 (disclosure notices), in subsection (2), for paragraph (b)
15
substitute—
“(b)
a National Crime Agency officer who is for the time being
designated under section 9 or 10 of the Crime and Courts Act
2012, or”.
143
In section 82 (protection of persons involved in investigations or
20
proceedings), in subsection (5), for paragraph (d) substitute—
“(d)
the Director General of the National Crime Agency;”.
144   (1)
Section 153 (disclosure of information about insurance status of vehicles) is
amended in accordance with this paragraph.
      (2)
In subsection (1), for “NPIA for it to process” substitute “the Secretary of
25
State for processing”.
      (3)
In subsection (3)(a) and (b), for “NPIA” substitute “the Secretary of State”.
      (4)
In subsection (4), omit the definition of “NPIA”.
145   (1)
Section 172 (orders and regulations) is amended in accordance with this
paragraph.
30
      (2)
In subsection (4), omit “1(3),”.
      (3)
In subsection (5), omit paragraphs (a) and (b).
      (4)
In subsection (8), omit paragraph (a).
      (5)
In subsection (13), omit paragraph (a).
146
In section 175 (penalties for offences: transitional modification for England
35
and Wales), in subsection (3), in the table—
(a)
omit the two entries relating to section 51;
(b)
omit the two entries relating to section 57.
147
In section 177 (interpretation), omit subsection (1).

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
95

148
In Schedule 5 (persons specified for the purposes of section 82: protection of
persons involved in investigations or proceedings), after paragraph 17
insert—
“17A
A person who is or has been a National Crime Agency officer.”.
Gambling Act 2005 (c. 19)
5
149
In the Gambling Act 2005, in Part 2 of Schedule 6 (exchange of information:
enforcement and regulatory bodies)—
(a)
after the entry for the Horserace Betting Levy Board insert—

“The National Crime Agency”;
(b)
omit the entry relating to the Serious Organised Crime Agency.
10
Police and Justice Act 2006 (c. 48)
150
The Police and Justice Act 2006 is amended as follows.
151
Omit section 1 (National Policing Improvement Agency).
152
In section 13 (supply of information to police etc by Registrar General), in
subsection (1)(c), for “Serious Organised Crime Agency” substitute
15
“National Crime Agency”.
153
Omit Schedule 1 (National Policing Improvement Agency).
Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)
154
The Police, Public Order and Criminal Justice (Scotland) Act 2006 is
amended as follows.
20
155
In section 2 (duty to establish and maintain the Scottish Crime and Drug
Enforcement Agency), in subsection (3), for paragraph (m) substitute—
“(m)
the National Crime Agency;”.
156   (1)
Schedule 1 (the Scottish Police Services Authority) is amended in accordance
with this paragraph.
25
      (2)
In paragraph 3 (membership of the Scottish Police Services Authority), in
sub-paragraph (10), for sub-paragraph (c) substitute—
“(c)
a National Crime Agency officer;”.
      (3)
In paragraph 10 (staff of the Scottish Police Services Authority), in sub-
paragraph (4)—
30
(a)
in sub-paragraph (h), at the end insert “or”;
(b)
omit sub-paragraph (j) (and the word “or” at the end of sub-
paragraph (i));
(c)
at the end of sub-paragraph (4) insert—

“or if the person is a National Crime Agency officer.”.
35
157
In Schedule 4 (the Police Complaints Commissioner for Scotland), in
paragraph 2(1) (disqualification for appointment as Commissioner)—
(a)
in sub-paragraph (h)(ii), omit “or”;
(b)
in sub-paragraph (i)—
(i)
omit “is or”;
40

Crime and Courts Bill [HL]
Schedule 8 — Abolition of SOCA and NPIA
Part 2 — Minor and consequential amendments and repeals
96

(ii)
at the end insert “or”;
(c)
after sub-paragraph (i) insert—
“(j)
is or has been a National Crime Agency officer.”.
Proceeds of Crime (Northern Ireland) Order 2006 (S.I. 1996/1299 (N.I. 9))
158
The Proceeds of Crime (Northern Ireland) Order 2006 is amended as
5
follows.
159   (1)
Article 49 (additional investigation powers) is amended in accordance with
this paragraph.
      (2)
In paragraph (1A), for “a senior member of staff of the Serious Organised
Crime Agency” substitute “a senior National Crime Agency officer”.
10
      (3)
In paragraph (1B), for “a member of staff of the Serious Organised Crime
Agency” substitute “a National Crime Agency officer”.
      (4)
In paragraph (5), in the definition of “senior member of staff of the Serious
Organised Crime Agency”—
(a)
for “a senior member of staff of the Serious Organised Crime
15
Agency” substitute “a senior National Crime Agency officer”;
(b)
in paragraph (a), for “Serious Organised Crime Agency” substitute
“National Crime Agency”;
(c)
in paragraph (b), for “any member of staff of the Agency” substitute
“any National Crime Agency officer”.
20
160
In Schedule 2 (financial investigations), in paragraph 3A(4)(a), for “member
of staff of the Serious Organised Crime Agency” substitute “National Crime
Agency officer”.
Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
161
The Corporate Manslaughter and Corporate Homicide Act 2007 is amended
25
as follows.
162
In section 13 (application to police forces), in subsection (3)(g), for the words
from “seconded” to “treated” substitute “seconded to the National Crime
Agency to serve as a National Crime Agency officer is to be treated”.
163
In Schedule 1 (list of Government Departments etc), after the entry relating
30
to the National Archives of Scotland insert—

“National Crime Agency”.
Serious Crime Act 2007 (c. 27)
164
The Serious Crime Act 2007 is amended as follows.
165
In section 5 (type of provision that may be made by orders), in subsection (7),
35
for paragraph (b) of the definition of “a law enforcement officer”,
substitute—
“(b)
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
166
In section 39 (compliance with orders: authorised monitors), in subsection

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984
97

(10), for paragraph (b) of the definition of “law enforcement officer”,
substitute—
“(b)
a National Crime Agency officer who is for the time being
designated under section 9 or 10 of the Crime and Courts Act
2012;”.
5
Crime and Security Act 2010 (c. 17)
167
In section 31 of the Crime and Security Act 2010 (guidance), in subsection
(3)—
(a)
at the end of paragraph (a) insert “and”;
(b)
omit paragraph (b).
10
Police Reform and Social Responsibility Act 2011 (c.13)
168
In section 65 of the Police Reform and Social Responsibility Act 2011
(disqualification from election or holding office as police and crime
commissioner: police grounds), omit subsection (1)(h)(v).
Schedule 9
15
Section 17

Single county court in England and Wales
Part 1
Amendments of the County Courts Act 1984
1
The County Courts Act 1984 is amended as follows.
2     (1)
Section 3 (place and time of sittings) is amended as follows.
20
      (2)
For subsections (1) and (2) substitute—
“(1)
Sittings of the county court may be held, and any other business of
the county court may be conducted, anywhere in England and
Wales.
(1A)
Sittings of the county court at any place may be continuous or
25
intermittent or occasional.
(2)
Sittings of the county court may be held simultaneously to take any
number of different cases in the same place or different places, and
the court may adjourn cases from place to place at any time.
(2A)
The places at which the county court sits, and the days and times at
30
which it sits in any place, are to be determined in accordance with
directions given by the Lord Chancellor after consulting the Lord
Chief Justice.”
      (3)
Omit subsection (4) (references to sittings of the court to include sittings by
a district judge).
35
      (4)
In subsection (5) (delegation of Lord Chief Justice’s functions under
subsection (1)) for “subsection (1)” substitute “this section”.
3
In section 4 (use of public buildings for courts)—

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984
98

(a)
in subsection (1) for “county court is” substitute “sitting of the county
court is to be”,
(b)
in subsection (1) after “for the purpose of holding” insert “the sitting
of”, and
(c)
in subsection (2) for “any court,” substitute “sittings of the county
5
court,”.
4     (1)
For section 5 (judges) substitute —
“5
Judges of the county court
(1)
A person is a judge of the county court if the person—
(a)
is a Circuit judge,
10
(b)
is a district judge (which, by virtue of section 8(1C), here
includes a deputy district judge appointed under section 8),
or
(c)
is within subsection (2),

but see also section 9 of the Senior Courts Act 1981 (certain ex-judges
15
may act as judges of the county court).
(2)
A person is within this subsection (and so, by virtue of subsection
(1)(c), is a judge of the county court) if the person—
(a)
is the Lord Chief Justice,
(b)
is the Master of the Rolls,
20
(c)
is the President of the Queen’s Bench Division,
(d)
is the President of the Family Division,
(e)
is the Chancellor of the High Court,
(f)
is an ordinary judge of the Court of Appeal (including the
vice-president, if any, of either division of that court),
25
(g)
is the Senior President of Tribunals,
(h)
is a puisne judge of the High Court,
(i)
is a deputy judge of the High Court,
(j)
is the Judge Advocate General,
(k)
is a Recorder,
30
(l)
is a person who holds an office listed—
(i)
in the first column of the table in section 89(3C) of the
Senior Courts Act 1981 (senior High Court masters
etc), or
(ii)
in column 1 of Part 2 of Schedule 2 to that Act (High
35
Court masters etc),
(m)
is a deputy district judge appointed under section 102 of that
Act,
(n)
is a Chamber President, or a Deputy Chamber President, of a
chamber of the Upper Tribunal or of a chamber of the First-
40
tier Tribunal,
(o)
is a judge of the Upper Tribunal by virtue of appointment
under paragraph 1(1) of Schedule 3 to the Tribunals, Courts
and Enforcement Act 2007,
(p)
is a transferred-in judge of the Upper Tribunal (see section
45
31(2) of that Act),
(q)
is a deputy judge of the Upper Tribunal (whether under
paragraph 7 of Schedule 3, or section 31(2), of that Act),

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984
99

(r)
is a District Judge (Magistrates’ Courts),
(s)
is a person appointed under section 30(1)(a) or (b) of the
Courts-Martial (Appeals) Act 1951 (assistants to the Judge
Advocate General),
(t)
is a judge of the First-tier Tribunal by virtue of appointment
5
under paragraph 1(1) of Schedule 2 to the Tribunals, Courts
and Enforcement Act 2007,
(u)
is a transferred-in judge of the First-tier Tribunal (see section
31(2) of that Act), or
(v)
is a member of a panel of chairmen of employment tribunals
10
established for England and Wales.”
5     (1)
Section 6 (district judges) is amended as follows.
      (2)
Omit subsections (2), (4) and (7) (which relate to the assignment of district
judges to county court districts).
      (3)
In subsection (3) (interpretation of statutory and other references to district
15
judges) for the words after “of a county court” substitute “is—
(a)
if the context permits, a reference to the county court, and
(b)
otherwise is a reference to a judge of the county court.”
      (4)
For the italic heading before the section substitute “District judges and deputy
district judges”.
20
6     (1)
Section 8 (deputy district judges) is amended as follows.
      (2)
In subsection (1) (appointment to facilitate disposal of business in the county
courts) for “courts” substitute “court or any other court or tribunal to which
a person appointed under this subsection may be deployed”.
      (3)
Omit subsections (1B) and (1D) (which relate to the assignment of deputy
25
district judges to county court districts).
      (4)
In subsection (1C) (deputy district judge to have powers of a district judge)
omit—
(a)
omit “and assigned to a district”,
(b)
omit “, while acting under his assignment,”, and
30
(c)
for “assigned to the district” substitute “other than a district judge’s
power to act in a district registry of the High Court”.
7     (1)
Section 12 (records of proceedings) is amended as follows.
      (2)
For subsection (1) (district judge for a district to keep such records as may be
prescribed) substitute—
35
“(1)
The Lord Chancellor may by regulations made by statutory
instrument provide for the keeping of records of and in relation to
proceedings of the county court.”
      (3)
In subsection (2) (certified copies of entries) for “the district judge” substitute
“a judge of the county court”.
40
      (4)
In the title omit the words after “kept”.
8     (1)
Section 13 (officers of court not act as solicitors in that court) is amended as
follows.

Crime and Courts Bill [HL]
Schedule 9 — Single county court in England and Wales
Part 1 — Amendments of the County Courts Act 1984
100

      (2)
In subsection (1) for “officer of a court shall, either by himself or his partner,”
substitute “judge or officer of the county court, and no partner or employer
of a judge or officer of the county court, may”.
      (3)
Omit subsection (3) (which refers to a provision previously repealed).
      (4)
In subsection (4) (exception for deputy district judges) for “deputy registrar;
5
but a deputy registrar shall not act as such” substitute “a fee-paid part-time
judge of the court or a partner or employer of such a judge, but such a judge
shall not act as a judge of the court”.
9     (1)
Section 14 (penalty for assaulting officer of a court) is amended as follows.
      (2)
In subsection (1)—
10
(a)
for “a court” substitute “the county court”,
(b)
for “judge”, in both places, substitute “court”, and
(c)
for “a bailiff” substitute “an officer”.
      (3)
Omit subsection (3) (which provided for “judge” to include district judge
and deputies, but which will become superfluous as a result of amendments
15
made by this Schedule).
10    (1)
In sections 15 to 25, 27(9), 30 and 36 to 147 and Schedule 1 and in any
uncommenced enactment that amends any of those provisions (but subject
to any specific amendments or repeals made by or under this Act)—
(a)
for “A county court”, in each place, substitute “The county court”,
20
and
(b)
for “a county court”, in each place, substitute “the county court”.
      (2)
In sections 18 and 24(1) omit “specified in the memorandum”.
      (3)
Omit sections 26, 27(1) to (8), 28, 31(1), 32, 33 and 59 (Admiralty, and
contentious probate, jurisdictions).
25
      (4)
In section 27(9) for “No county court shall” substitute “The county court
does not”.
      (5)
In section 30 (actions in personam in collision etc cases)—
(a)
in subsections (2) and (4) for “No county court shall” substitute “The
county court may not”,
30
(b)
in subsection (7) omit “(whether a county court or not)”, and
(c)
in subsection (8) for the words after “applies” substitute “generally in
relation to the jurisdiction of the county court (and not only in
relation to any jurisdiction that may be conferred on the county court
in relation to Admiralty proceedings).”
35
      (6)
In section 31(2) (Admiralty provisions: savings) for the words from the
beginning to “authorise” in paragraph (c) substitute “Nothing in section 31
or any provisions made for the purpose of, or in connection with, conferring
jurisdiction on the county court in relation to Admiralty proceedings
authorises”.
40
      (7)
In section 35 for “in one or more of the county courts” substitute “the county
court”.
      (8)
In section 37(1) for the words after “other” substitute “Act on the county
court may be exercised by any judge of the county court.”