Crime and Courts Bill (HL Bill 4)

Police (Scotland) Act 1967 (c. 77)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
5Crime Agency” substitute “National Crime Agency officer”;

(b) omit paragraph (bh).

Firearms Act 1968 (c. 27)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
10of paragraph (b)).

Superannuation Act 1972 (c. 11)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
15Agency;

(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)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
20Part 1 to police) is amended in accordance with this paragraph.

(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) 25paragraph 2 of Schedule 4 to the Crime and Courts Act
2012;”.

House of Commons Disqualification Act 1975 (c. 24)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) 30in 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;

(b) in Part 3 (other disqualifying offices), omit the entry for members of
the staff of the Serious Organised Crime Agency.

35Northern Ireland Assembly Disqualification Act 1975 (c. 25)Northern Ireland Assembly Disqualification Act 1975 (c. 25)

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) 40the 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.

Police Pensions Act 1976 (c. 35)Police Pensions Act 1976 (c. 35)

23 The Police Pensions Act 1976 is amended as follows.

24 5In section 7 (payment of pensions and contributions), in subsection (2)—

(a) omit—

(i) paragraphs (ca) to (cd);

(ii) paragraph (cf);

(b) after paragraph (d) insert—

“(da) 10a National Crime Agency officer whose service as
such is eligible service;”

25 (1) Section 11 (interpretation) is amended in accordance with this paragraph.

(2) In subsection (1)—

(a) omit—

(i) 15paragraphs (ba) to (bd);

(ii) paragraph (bf);

(b) after paragraph (c) insert—

“(ca) eligible service as a National Crime Agency officer.”

(3) In subsection (2A)—

(a) 20in paragraph (c)—

(i) for “paragraph (ba), (bb), (bc) or (bd)” substitute “paragraph
(ca)”;

(ii) for “SOCA” substitute “the National Crime Agency”;

(b) omit paragraph (f).

(4) 25In subsection (5), omit the definition of “SOCA”.

(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) 30the person’s service as a National Crime Agency officer is—

(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
35member, or eligible to be a member, of a police pension
scheme.

(11) The second case is where—

(a) immediately before beginning the service as a National
Crime Agency officer, the person—

(i) 40is serving as a member of the staff of the Serious
Organised Crime Agency, 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.

(12) The third case is where—

(a) immediately before beginning the service as a National
5Crime Agency officer, the person—

(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
10virtue of a scheme under paragraph 2 of this Schedule.

(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.”.

15Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)

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) 20National Crime Agency officers;”.

Limitation Act 1980 (c. 58)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) 25the National Crime Agency,”.

Prosecution of Offences Act 1985 (c. 23)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) 30to take over the conduct of any criminal proceedings
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
35proceedings relating to a criminal investigation by the
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
40appropriate, in relation to—

(i) criminal investigations by the National Crime
Agency, or

(ii) criminal proceedings arising out of such
investigations;”

Security Service Act 1989 (c. 5)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 5In section 2 (the Director General), in subsection (2)(c)—

(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”.

10Official Secrets Act 1989 (c. 6)Official Secrets Act 1989 (c. 6)

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)S.I. 1989/1339 (N.I. 11))

33 15In Article 72A of the Limitation (Northern Ireland) Order 1989 (actions for
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)Police Act 1996 (c. 16)

34 20The Police Act 1996 is amended as follows.

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
25(1), omit paragraph (bb).

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) 30Omit subsections (1D) and (1E).

(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 35In section 88 (liability for wrongful acts of constables), in subsection (5A), for
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).

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) 5paragraph (cf);

(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
10appropriate authority;”.

Police Act 1997 (c. 50)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) 15In subsections (1B) and (3)(b), for “member of the staff of the Serious
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
20the purposes of this paragraph by that Director General;”.

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
25“member of the staff of the Serious Organised Crime Agency” substitute
“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 30In section 113B (enhanced criminal record certificates)—

(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)Police (Northern Ireland) Act 1998 (c. 32)

51 35The Police (Northern Ireland) Act 1998 is amended as follows.

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) 40omit paragraph (cc).

Northern Ireland Act 1998 (c. 47)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;”.

5Terrorism Act 2000 (c. 11)Terrorism Act 2000 (c. 11)

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 10In section 20 (disclosure of information: permission), in subsection (5), for
“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
15“National Crime Agency officer”.

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
20“member of the staff of the Serious Organised Crime Agency” substitute
“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) 25Section 21C (disclosures to SOCA) is amended in accordance with this
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 30In section 21D (tipping off: regulated sector), in subsection (2)(d), for
“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) 35to the National Crime Agency;”.

Regulation of Investigatory Powers Act 2000 (c. 23)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) 40the Director General of the National Crime Agency;”.

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) 5every National Crime Agency officer;”.

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)

  10the National Crime Agency;”.

(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
15paragraph (k) substitute—

“(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
20this paragraph.

(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”
25substitute “The Director General of the National Crime Agency”;

(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) 30Section 34 (grant of authorisation in the senior officer’s absence) is amended
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
35Agency” substitute “Director General of the National Crime Agency”.

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) 40for “SOCA” substitute “the National Crime Agency”;

(b) in paragraph (a), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.

73 (1) Section 36 (approval required for authorisations to take effect) is amended
in accordance with this paragraph.

(2) In subsection (1), for paragraph (b) substitute—

“(b) a National Crime Agency officer;”.

(3) 5In subsection (6)(b) and (d), for “Director General of the Serious Organised
Crime Agency” substitute “Director General of the National Crime Agency”.

74 In section 37 (quashing of police and Revenue and Customs authorisations
etc), in subsection (1), for paragraph (b) substitute—

“(b) a National Crime Agency officer;”.

75 10In section 40 (information to be provided to Surveillance Commissioners),
for paragraph (b) substitute—

“(b) every National Crime Agency officer,”.

76 In section 46 (restrictions on authorisations extending to Scotland), in
subsection (3), for paragraph (db) substitute—

“(db) 15the National Crime Agency;”.

77 In section 49 (notices requiring disclosure), in subsection (1)(e), for “SOCA”
(in each place) substitute “the National Crime Agency”.

78 (1) Section 51 (cases in which key required) is amended in accordance with this
paragraph.

(2) 20In subsection (2)—

(a) for “SOCA” (in the first place) substitute “the National Crime
Agency”;

(b) in paragraph (aa)—

(i) for “SOCA” substitute “the National Crime Agency”;

(ii) 25for “Director General of the Serious Organised Crime
Agency” substitute “Director General of the National Crime
Agency”.

(3) In subsections (3) and (6), for “Director General of the Serious Organised
Crime Agency” substitute “Director General of the National Crime Agency”.

79 30In section 54 (tipping-off), in subsection (3)(a) and (b), for “SOCA” substitute
“the National Crime Agency”.

80 (1) Section 55 (general duties of specified authorities) is amended in accordance
with this paragraph.

(2) In subsection (1), for paragraph (ba) substitute—

“(ba) 35the Director General of the National Crime Agency;”.

(3) For subsection (3A) substitute—

“(3A) The power of the Director General of the National Crime Agency to
delegate functions under paragraph 10 of Schedule 1 to the Crime
and Courts Act 2012 does not apply in relation to the Director
40General’s duties under this section.”.

81 In section 56 (interpretation of Part 3), in subsection (1)—

(a) in paragraph (a) of the definition of “the police”, for “member of the
staff of the Serious Organised Crime Agency” substitute “National
Crime Agency officer”;

(b) omit the definition of SOCA.

82 5In section 58 (co-operation with and reports by section 57 Commissioner), in
subsection (1), omit paragraph (b).

83 In section 65 (the Tribunal), in subsection (6), for paragraph (d) substitute—

“(d) the National Crime Agency;”.

84 In section 68 (Tribunal procedure), in subsection (7), for paragraph (b)
10substitute—

“(b) every National Crime Agency officer;”.

85 (1) Section 76A (foreign surveillance operations) is amended in accordance with
this paragraph.

(2) In subsection (6)(a), for “Director General of the Serious Organised Crime
15Agency” substitute “Director General of the National Crime Agency”.

(3) In subsection (11), in the definition of “United Kingdom officer”, for
paragraph (b) substitute—

• “(b)

  a National Crime Agency officer;”.

86 In Schedule 1 (relevant public authorities), in Part 1 (relevant authorities for
20purposes of sections 28 and 29), for paragraph 2 substitute—

“2 The National Crime Agency.”.

87 (1) Schedule 2 (persons having the appropriate permission) is amended in
accordance with this paragraph.

(2) In paragraph 2 (data obtained under warrant etc), in sub-paragraphs (3) and
25(5), for “SOCA” substitute “the National Crime Agency,”.

(3) In paragraph 4 (data obtained under statute by other persons but without a
warrant), in sub-paragraph (2), for “SOCA” (in each place) substitute “the
National Crime Agency”.

(4) In paragraph 5 (data obtained without the exercise of statutory powers), in
30sub-paragraph (3)(b), for “SOCA” substitute “the National Crime Agency”.

(5) In paragraph 6 (general requirements relating to the appropriate
permission), in sub-paragraphs (3A) and (6), for “member of staff of the
Serious Organised Crime Agency” substitute “National Crime Agency
officer”.

35Freedom of Information Act 2000 (c. 36)Freedom of Information Act 2000 (c. 36)

88 The Freedom of Information Act 2000 is amended as follows.

89 In section 23 (information supplied by, or relating to, bodies dealing with
security matters), in subsection (3), after paragraph (m) insert—

“(n) the National Crime Agency.”.

90 40In section 84 (interpretation), in the definition of “government
department”—

(a) omit “or” at the end of paragraph (b);

(b) after paragraph (b) insert—

• “(ba)

  the National Crime Agency, or”.

91 In Schedule 1 (public authorities), in Part 6 (other public bodies and offices:
general), omit the entry relating to the National Policing Improvement
5Agency.

Criminal Justice and Court Services Act 2000 (c. 43)Criminal Justice and Court Services Act 2000 (c. 43)

92 (1) Section 71 of the Criminal Justice and Court Services Act 2000 (access to
driver licensing records) is amended in accordance with this paragraph.

(2) In subsection (1)—

(a) 10omit “to the National Policing Improvement Agency”;

(b) for “members of the staff of the Serious Organised Crime Agency”
substitute “National Crime Agency officers”.

(3) In subsection (2)—

(a) omit “to the National Policing Improvement Agency”;

(b) 15in paragraph (a)—

(i) after “which” insert “information may be made available to”;

(ii) for “members of the staff of the Serious Organised Crime
Agency” substitute “National Crime Agency officers”;

(iii) omit “may be given access to the information”;

(c) 20in paragraph (b), for “to which they have been given access”
substitute “made available to them”.

Vehicles (Crime) Act 2001 (c. 3)Vehicles (Crime) Act 2001 (c. 3)

93 In section 18 of the Vehicles (Crime) Act 2001 (register of registration plate
suppliers), in subsection (7) omit “to the National Policing Improvement
25Agency”.

Criminal Justice and Police Act 2001 (c. 16)Criminal Justice and Police Act 2001 (c. 16)

94 In section 97 of the Criminal Justice and Police Act 2001 (regulations for
police forces), in subsection (4), omit paragraph (a).

Proceeds of Crime Act 2002 (c. 29)Proceeds of Crime Act 2002 (c. 29)

95 30The Proceeds of Crime Act 2002 is amended as follows.

96 In section 2A (contribution to the reduction of crime), in subsections (2)(a)
and (3)(a), for “SOCA” substitute “the National Crime Agency”.

97 (1) Section 2B (SOCA and members of SOCA’s staff) is amended in accordance
with this paragraph.

(2) 35For the title substitute “The National Crime Agency and its officers”.

(3) Omit subsection (1).

(4) In subsection (2)—

(a) for “SOCA” (in the first place) substitute “the National Crime
Agency”;

(b) 40for “SOCA” (in each other place) substitute “that Agency”.