some default text...

Crime and Courts Bill (HL Bill 4)

Crime and Courts BillPage 90

(5) Omit subsection (3).

98 (1) Section 3 (accreditation and training of financial investigators) is amended
in accordance with this paragraph.

(2) In subsection (1), for “National Policing Improvement Agency” substitute
5“National Crime Agency”.

(3) In subsection (2), at the end of paragraph (b) insert , and

(c) securing that decisions under that system which concern—

(i) the grant or withdrawal of accreditations, or

(ii) the monitoring of the performance of accredited
10financial investigators,

are taken without regard to their effect on operations by the
National Crime Agency or any other person..

(4) In subsection (7), for “National Policing Improvement Agency” substitute
“National Crime Agency”.

99 15In section 41A (restraint orders: power to retain seized property etc), in
subsection (3), for paragraph (d) substitute—

(d) a National Crime Agency officer,.

100 In section 55 (sums received by designated officer), in subsection (8), for
paragraph (h) substitute—

(h) 20a National Crime Agency officer,.

101 In section 72 (serious default in England and Wales), in subsection (9)(ba)—

(a) for “member of staff of SOCA” substitute “National Crime Agency
officer”;

(b) for “SOCA” (in the second place) substitute “the National Crime
25Agency”.

102 In section 120A (restraint orders: power to retain seized property etc), in
subsection (3), for paragraph (c)—

(c) a National Crime Agency officer;.

103 In section 139 (serious default in Scotland), in subsection (9)(ca)—

(a) 30for “member of staff of SOCA” substitute “National Crime Agency
officer”;

(b) for “SOCA” (in the second place) substitute “the National Crime
Agency”.

104 In section 190A (restraint orders: power to retain seized property etc
35Northern Ireland), in subsection (3), for paragraph (d)—

(d) a National Crime Agency officer;.

105 In section 203 (sums received by chief clerk), in subsection (8), for paragraph
(h)—

(h) a National Crime Agency officer..

106 40In section 220 (serious default in Northern Ireland), in subsection (9)(ba)—

(a) for “member of staff of SOCA” substitute “National Crime Agency
officer”;

(b) for “SOCA” (in the second place) substitute “the National Crime
Agency”.

Crime and Courts BillPage 91

107 In section 316 (general interpretation), in subsection (1), in paragraphs (a)
and (c) of the definition of “enforcement authority”, for “SOCA” substitute
“the National Crime Agency”.

108 (1) Section 317 (SOCA’s general Revenue functions) is amended in accordance
5with this paragraph.

(2) In the title, for “SOCA’s” substitute “The National Crime Agency’s”.

(3) For “SOCA” (in each place) substitute “the National Crime Agency”.

109 In section 318 (revenue functions regarding employment), for “SOCA” (in
each place) substitute “the National Crime Agency”.

110 10In section 319 (source of income), for “SOCA” (in each place) substitute “the
National Crime Agency”.

111 (1) Section 321 (SOCA’s functions: transfers of value) is amended in accordance
with this paragraph.

(2) In the title, for “SOCA’s” substitute “The National Crime Agency’s”.

(3) 15For “SOCA” (in each place) substitute “the National Crime Agency”.

112 (1) Section 322 (SOCA’s functions: certain settlements) is amended in
accordance with this paragraph.

(2) In the title, for “SOCA’s” substitute “The National Crime Agency’s”.

(3) For “SOCA” (in each place) substitute “the National Crime Agency”.

113 20In section 324 (exercise of Revenue functions), for “SOCA” (in each place)
substitute “the National Crime Agency”.

114 (1) In section 325 (declarations), in subsection (2)—

(a) for “member of SOCA’s staff” substitute “National Crime Agency
officer”;

(b) 25for “any of SOCA’s functions” substitute “any function of the
National Crime Agency”;

(c) for “Director General of SOCA” substitute “Director General of the
National Crime Agency”.

115 In section 330 (failure to disclose; regulated sector), in subsection (4)(b), for
30“the Director General of SOCA” substitute “the Director General of the
National Crime Agency”.

116 In section 331 (failure to disclose: nominated officers in the regulated sector),
in subsection (4), for “the Director General of SOCA” substitute “the Director
General of the National Crime Agency”.

117 35In section 332 (failure to disclose: other nominated officers), in subsection
(4), for “the Director General of SOCA” substitute “the Director General of
the National Crime Agency”.

118 In section 336 (nominated officer: consent), in subsections (2)(a), (3)(a) and
(4)(a), for “Director General of SOCA” substitute “Director General of the
40National Crime Agency”.

119 In section 340 (interpretation), in subsection (13), for “Director General of
SOCA” substitute “Director General of the National Crime Agency”.

Crime and Courts BillPage 92

120 In section 351 (applications for orders: supplementary), in subsection (5), for
“member of SOCA’s staff” (in each place) substitute “National Crime
Agency officer”.

121 In section 352 (search and seizure warrants), in subsection (5)—

(a) 5in paragraph (b), for “member of SOCA’s staff or” substitute
“National Crime Agency officer or a member”;

(b) in paragraph (d), for “member of SOCA’s staff” substitute “National
Crime Agency officer”.

122 In section 353 (requirements where production order not available), in
10subsection (10)—

(a) in paragraph (b), for “member of SOCA’s staff or” substitute
“National Crime Agency officer or a member”;

(b) in paragraph (d), for “member of SOCA’s staff” substitute “National
Crime Agency officer”.

123 15In section 357 (disclosure orders), for “member of SOCA’s staff” (in each
place) substitute “National Crime Agency officer”.

124 In section 362 (supplementary), in subsection (4A), for “member of SOCA’s
staff” (in each place) substitute “National Crime Agency officer”.

125 In section 369 (supplementary), for “member of SOCA’s staff” (in each place)
20substitute “National Crime Agency officer”.

126 In section 375 (supplementary), in subsection (4), for “member of SOCA’s
staff” (in each place) substitute “National Crime Agency officer”.

127 In section 377 (code of practice of Secretary of State etc), in subsection (1), for
paragraphs (a) and (b) substitute—

(a) 25the Director General of the National Crime Agency;

(b) other National Crime Agency officers;.

128 (1) Section 378 (officers) is amended in accordance with this paragraph.

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

(a) a National Crime Agency officer;.

(3) 30In subsection (2), for paragraph (a) substitute—

(a) a senior National Crime Agency officer;.

(4) In subsection (3)—

(a) in paragraph (a), for “member of SOCA’s staff” substitute “National
Crime Agency officer”;

(b) 35in paragraph (b), for “senior member of SOCA’s staff” substitute
“senior National Crime Agency officer”.

(5) In subsection (5), for “Director General of SOCA” substitute “Director
General of the National Crime Agency”.

(6) In subsection (6A), for “member of SOCA’s staff” substitute “National Crime
40Agency officer”.

(7) In subsection (8)—

(a) for “senior member of SOCA’s staff” substitute “senior National
Crime Agency officer”;

Crime and Courts BillPage 93

(b) in paragraph (a), for “Director General of SOCA” substitute “Director
General of the National Crime Agency”;

(c) in paragraph (b), for “member of SOCA’s staff” substitute “other
National Crime Agency officer”.

129 5In section 416 (other interpretative provisions), in subsection (2), for
“member of SOCA’s staff” substitute “National Crime Agency officer”.

130 In section 438 (disclosure of information by certain directors), in subsection
(1)(fa), for “SOCA” substitute “the National Crime Agency”.

131 In section 439 (disclosure of information to Lord Advocate and to Scottish
10Ministers), in subsection (5)(b), for “SOCA” substitute “the National Crime
Agency”.

132 In section 443 (enforcement in different parts of the United Kingdom), in
subsection (3), for “SOCA” substitute “the National Crime Agency or its
officers”.

133 15In section 444 (external requests and orders), in subsection (4), for paragraph
(d) substitute—

(d) the National Crime Agency;.

134 In section 445 (external investigations), for “SOCA” substitute “the National
Crime Agency or its officers”.

135 (1) 20In section 449 (SOCA’s staff: pseudonyms) is amended in accordance with
this paragraph.

(2) In the title, for “SOCA’s staff” substitute “NCA officers”.

(3) In subsection (1)—

(a) in the words before paragraph (a), for “member of SOCA’s staff”
25substitute “National Crime Agency officer”;

(b) in paragraph (a), for “by SOCA to do anything” substitute “to do
anything on behalf of the National Crime Agency”;

(c) in paragraph (b), for “member of SOCA’s staff” substitute “National
Crime Agency officer”.

(4) 30In subsection (2), for “member of the SOCA’s staff” substitute “National
Crime Agency officer”.

(5) In subsections (3) (in each place) and (4), for “member of SOCA’s staff”
substitute “National Crime Agency officer”.

136 In Schedule 8 (forms of declarations)—

(a) 35for “SOCA” (in the first place) substitute “the National Crime
Agency”;

(b) for “SOCA” (in the second place) substitute “that Agency”;

(c) for “its” substitute “that Agency’s”.

Police Reform Act 2002 (c. 30)Police Reform Act 2002 (c. 30)

137 40In section 9 of the Police Reform Act 2002 (the Independent Police
Complaints Commission), in subsection (3)—

(a) in paragraph (da), omit “is or”;

(b) in paragraph (db), omit “is or”;

Crime and Courts BillPage 94

(c) after paragraph (db) substitute—

(dc) the person is, or has been, a National Crime Agency
officer;.

Sexual Offences Act 2003 (c. 42)Sexual Offences Act 2003 (c. 42)

138 5In section 94 of the Sexual Offences Act 2003 (Part 2: supply of information
to Secretary of State etc for verification), in subsection (3), omit paragraph
(b).

Commissioners for Revenue and Customs Act 2005 (c. 11)Commissioners for Revenue and Customs Act 2005 (c. 11)

139 In section 20 of the Commissioners for Revenue and Customs Act 2005, in
10section 20 (public interest disclosure), in subsection (7)(a), for “national
Policing Improvement Agency” substitute “Secretary of State”.

Serious Organised Crime and Police Act 2005 (c. 15)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 15In section 62 (disclosure notices), in subsection (2), for paragraph (b)
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 20In section 82 (protection of persons involved in investigations or
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) 25In subsection (1), for “NPIA for it to process” substitute “the Secretary of
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
30paragraph.

(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 35In section 175 (penalties for offences: transitional modification for England
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 BillPage 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..

5Gambling Act 2005 (c. 19)Gambling Act 2005 (c. 19)

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) 10omit the entry relating to the Serious Organised Crime Agency.

Police and Justice Act 2006 (c. 48)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
15subsection (1)(c), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.

153 Omit Schedule 1 (National Policing Improvement Agency).

Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)2006 (asp 10)

154 The Police, Public Order and Criminal Justice (Scotland) Act 2006 is
20amended as follows.

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
25with this paragraph.

(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-
30paragraph (4)—

(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—

35or if the person is a National Crime Agency officer..

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) 40omit “is or”;

Crime and Courts BillPage 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)S.I. 1996/1299 (N.I. 9))

158 5The Proceeds of Crime (Northern Ireland) Order 2006 is amended as
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
10Crime Agency” substitute “a senior National Crime Agency officer”.

(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) 15for “a senior member of staff of the Serious Organised Crime
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
20“any National Crime Agency officer”.

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)Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

161 25The Corporate Manslaughter and Corporate Homicide Act 2007 is amended
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 30In Schedule 1 (list of Government Departments etc), after the entry relating
to the National Archives of Scotland insert—

National Crime Agency.

Serious Crime Act 2007 (c. 27)Serious Crime Act 2007 (c. 27)

164 The Serious Crime Act 2007 is amended as follows.

165 35In section 5 (type of provision that may be made by orders), in subsection (7),
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
402012;.

166 In section 39 (compliance with orders: authorised monitors), in subsection

Crime and Courts BillPage 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
52012;.

Crime and Security Act 2010 (c. 17)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) 10omit paragraph (b).

Police Reform and Social Responsibility Act 2011 (c.13)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).

Section 17

15SCHEDULE 9 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) 20Section 3 (place and time of sittings) is amended as follows.

(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) 25Sittings of the county court at any place may be continuous or
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) 30The places at which the county court sits, and the days and times at
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
35a district judge).

(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 BillPage 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) 5in subsection (2) for “any court,” substitute “sittings of the county
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) 10is a Circuit judge,

(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),

15but see also section 9 of the Senior Courts Act 1981 (certain ex-judges
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) 20is the Master of the Rolls,

(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
25vice-president, if any, of either division of that court),

(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) 30is a Recorder,

(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) 35in column 1 of Part 2 of Schedule 2 to that Act (High
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
40chamber of the Upper Tribunal or of a chamber of the First-
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) 45is a transferred-in judge of the Upper Tribunal (see section
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 BillPage 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) 5is a judge of the First-tier Tribunal by virtue of appointment
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) 10is a member of a panel of chairmen of employment tribunals
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) 15In subsection (3) (interpretation of statutory and other references to district
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
20district judges
”.

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) 25Omit subsections (1B) and (1D) (which relate to the assignment of deputy
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) 30omit “, while acting under his assignment,”, and

(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
35prescribed) substitute—

(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
40“a judge of the county court”.

(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.