(a) regulations under paragraph 1 of Schedule 4;

(b) an order under paragraph 27 or 28 of Schedule 5 which does not amend
or repeal any provision of primary legislation;

(c) regulations under paragraph 5 of Schedule 6;

(d) 5regulations under section 14;

(e) an order under section 29 which does not amend or repeal any
provision of primary legislation.

(6) Subsection (5) does not apply to a statutory instrument that is subject to a
requirement that a draft of the instrument be laid before, and approved by a
10resolution of, each House of Parliament.

(7) Any provision that may be made by the Secretary of State by order under this
Act may be made by the Secretary of State by regulations (and where, in
reliance on this subsection, provision is made by regulations instead of by
order, this Act applies in relation to the regulations as it would otherwise apply
15in relation to the order).

(8) Any provision that may be made by the Secretary of State by regulations under
this Act may be made by the Secretary of State by order (and where, in reliance
on this subsection, provision is made by order instead of by regulations, this
Act applies in relation to the order as it would otherwise apply in relation to
20the regulations).

(9) An order made by the Lord Chancellor under this Act is to be made by
statutory instrument.

(10) A statutory instrument containing an order made by the Lord Chancellor
under section 22(1) is subject to annulment in pursuance of a resolution of
25either House of Parliament.

(11) An order made by the Scottish Ministers under paragraph 27 or 28 of Schedule
5 is subject to the negative procedure unless it amends or repeals any provision
of primary legislation, in which case it is subject to the affirmative procedure.

(12) An order made by the Department of Justice in Northern Ireland under
30paragraph 27 or 28 of Schedule 5 is to be made by statutory rule for the
purposes of the Statutory Rules (Northern Ireland) Order 1979.

(13) A statutory rule containing such an order is subject to negative resolution
(within the meaning of section 41(6) of the Interpretation Act (Northern
Ireland) 1954) unless it amends or repeals any provision of primary legislation,
35in which case it may not be made unless a draft has been laid before, and
approved by a resolution of, the Northern Ireland Assembly.

(14) An order or regulations made under this Act by the Secretary of State, the Lord
Chancellor, the Scottish Ministers or the Department of Justice in Northern
Ireland may—

(a) 40make different provision for different purposes or areas,

(b) include supplementary, incidental or consequential provision, or

(c) make transitional, transitory or saving provision.

(15) In this section—

• “primary legislation” means—

  (a)

  45an Act of Parliament,

  (b)

  an Act of the Scottish Parliament,

  (c)

  a Measure or Act of the National Assembly for Wales, or

  Crime and Courts BillPage 31

  (d)

  Northern Ireland legislation;

• “super-affirmative procedure” means the procedure provided for by
  Schedule 16.

29 Consequential amendments

(1) 5The Secretary of State or Lord Chancellor may by order make such provision
as the Secretary of State or Lord Chancellor (as the case may be) considers
appropriate in consequence of this Act.

(2) The power to make an order under this section may, in particular, be exercised
by amending, repealing, revoking or otherwise modifying any provision made
10by or under an enactment.

(3) In this section “enactment” means an enactment whenever passed or made,
and includes an Act of the Scottish Parliament, a Measure or Act of the
National Assembly for Wales and Northern Ireland legislation.

30 Transitional, transitory or saving provision

15The Secretary of State or Lord Chancellor may by order make such transitional,
transitory or saving provision as the Secretary of State or Lord Chancellor (as
the case may be) considers appropriate in connection with the coming into
force of any provision of this Act.

31 Short title, commencement and extent

(1) 20This Act may be cited as the Crime and Courts Act 2012.

(2) Subject as follows, this Act comes into force on such day as the Secretary of
State may by order appoint; and different days may be appointed for different
purposes.

(3) Sections 17 to 22 (except section 20(2)) and Schedules 9 to 13 come into force on
25such day as the Lord Chancellor may by order appoint; and different days may
be appointed for different purposes.

(4) Section 20(2) comes into force at the end of the period of two months beginning
with the day on which this Act is passed.

(5) Sections 28 to 30 and this section come into force on the day on which this Act
30is passed.

(6) Subject as follows, this Act extends to England and Wales, Scotland and
Northern Ireland.

(7) Sections 22 and 23, and the amendments and repeals made by this Act in
sections 4(5A) to (6A) and 6(2) of the Maintenance Orders (Facilities for
35Enforcement) Act 1920 and in section 14 of the Contempt of Court Act 1981,
extend to England and Wales only.

(8) Except as provided by subsection (7), an amendment, repeal or revocation has
the same extent as the provision amended, repealed or revoked (ignoring
extent by virtue of an Order in Council).

(9) 40Her Majesty may by Order in Council provide for any provision of section 24
or 25 to extend, with or without modifications, to—

(a) any of the Channel Islands, or

(b) the Isle of Man.

SCHEDULES

Section 1

SCHEDULE 1 The NCA & NCA officers

Part 1 5The NCA

Functions exercisable on behalf of Crown

1 NCA functions are exercisable on behalf of the Crown.

Efficiency and effectiveness

2 It is the duty of the Director General to secure that NCA functions are
10discharged efficiently and effectively.

Financial year

3 (1) The first financial year of the NCA is the period that—

(a) begins with the day on which section 1 comes into force, and

(b) ends with the following 31 March.

(2) 15After that, the financial year of the NCA is the period 12 months ending with
31 March.

Charging

4 (1) The NCA may charge a person for any service provided at the person’s
request.

(2) 20This paragraph has effect subject to Part 5 of Schedule 3 (payment for tasks,
assistance or facilities).

(3) In this paragraph “service” means a service of any kind (including the
provision of facilities) which is provided by means of the exercise of any
NCA function.

25Activities not limited to dealing with serious or organised crime

5 (1) For the purposes of the discharge of NCA functions which relate to
organised crime or serious crime, an NCA officer may, in particular, carry
on activities in relation to any kind of crime (whether or not serious or
organised).

(2) In circumstances in which an NCA officer reasonably suspects that an
offence is about to be, or is being, committed, that officer is not prevented
from exercising powers merely because the offence does not relate to
organised crime or serious crime.

5Activities in Scotland

6 (1) An NCA officer may only carry out activities in Scotland in relation to an
offence which an NCA officer suspects has been committed (or is being
committed) if the NCA officer does so with the agreement of the Lord
Advocate.

(2) 10In carrying out such activities in Scotland, an NCA officer must comply with
any direction (whether general or specific) given by the Lord Advocate or
the procurator fiscal.

(3) If an NCA officer suspects that an offence has been committed (or is being
committed) in Scotland, the NCA officer must report the matter to the
15procurator fiscal (or ensure that the matter is so reported by another NCA
officer) as soon as is practicable.

Part 2 NCA officers

Selection and appointment of the Director General

7 (1) 20The Secretary of State is to select and appoint the Director General, after
consultation with—

(a) the Scottish Ministers, and

(b) the Department of Justice in Northern Ireland.

(2) A person may not be appointed as Director General unless the Secretary of
25State is satisfied that the person—

(a) is capable of effectively exercising operational powers; and

(b) is a suitable person to exercise operational powers.

(3) A person need not be an NCA officer before appointment as the Director
General.

(4) 30The Director General is to hold and vacate office in accordance with the
terms and conditions of the appointment (subject to paragraph 8).

(5) The terms and conditions of an appointment as Director General are to be
determined by the Secretary of State.

(6) The terms and conditions of an appointment as Director General must
35provide for that appointment to last for a period which does not exceed 5
years; and a person who has previously been, or currently is, Director
General may be appointed again as Director General.

(7) Sections 10 to 14 of the Constitutional Reform and Governance Act 2010
(appointments of civil servants) do not apply to the appointment of the
40Director General.

Resignation or retirement of the Director General at request of Secretary of State

8 (1) The Secretary of State may call upon the Director General to resign or
retire—

(a) in the interests of efficiency or effectiveness, or

(b) 5because of misconduct by the Director General.

(2) The Secretary of State must comply with sub-paragraphs (3) and (4) before
calling upon the Director General to resign or retire.

(3) The Secretary of State must consult—

(a) the Scottish Ministers, and

(b) 10the Department of Justice in Northern Ireland.

(4) The Secretary of State must—

(a) give the Director General a written explanation of the reasons why
the Secretary of State is proposing to call for the resignation or
retirement;

(b) 15give the Director General the opportunity to make written
representations about the proposal to call for the resignation or
retirement; and

(c) consider any written representations made by the Director General.

(5) The Director General must resign or retire if called upon to do so in
20accordance with this paragraph.

Selection of other NCA officers for appointment

9 (1) The Director General is to select other persons for appointment as National
Crime Agency officers.

(2) The terms and conditions of an appointment as an NCA officer (other than
25as Director General) are to be determined by the Director General with the
agreement of the Minister for the Civil Service.

(3) This paragraph does not apply to NCA specials.

Delegation of Director General’s functions

10 (1) The Director General may arrange for any function of the Director General
30to be exercised by a senior NCA officer who is designated for the purpose by
the Director General.

(2) A designation under this paragraph may provide for a function to be
exercised by—

(a) one or more senior NCA officers specified in the designation, or

(b) 35one or more senior NCA officers of a description specified in the
designation.

(3) The Director General’s powers of direction under section 5(5) and
paragraph 8 of Schedule 3 may not be delegated under this paragraph.

(4) But those powers of direction may, in the absence of the Director General for
40any reason, be exercised by a senior NCA officer nominated for this purpose
by the Director General.

(5) In this paragraph “senior NCA officer” means an NCA officer who is at, or
above, a grade specified for this purpose by the Secretary of State in the
framework document.

Continuity

11 (1) 5Anything done by or in relation to the Director General may be continued
by or in relation to the Director General regardless of which individual holds
that office at any time.

(2) Anything done by or in relation to one NCA officer (except the Director
General) may be continued by or in relation to any other such NCA officer.

10Persons with operational powers who become NCA officers

12 (1) If a person holds a relevant office when the person becomes an NCA officer
(the “existing office”), the person’s holding of the existing office—

(a) is suspended from the time when the person becomes an NCA
officer;

(b) 15but is revived if the person—

(i) ceases to be an NCA officer, and

(ii) returns to service as holder of the existing office.

(2) Sub-paragraph (1) ceases to apply to a person who resigns from, or
otherwise ceases to hold, the other office.

(3) 20In this paragraph “relevant office”, in relation to a person who is an NCA
officer, means any other office by virtue of which that person has operational
powers (such as the office of constable, officer of Revenue and Customs, or
immigration officer), apart from the office of special constable.

Secondments

13 (1) 25The Director General may make arrangements for persons to be seconded to
the NCA to serve as National Crime Agency officers.

(2) A member of a police force on temporary service with the NCA is to be
under the direction and control of the Director General.

NCA specials

14 (1) 30The Director General may select and appoint persons as National Crime
Agency officers on a part-time unpaid basis (and such persons are referred
to in this Part of this Act as “NCA specials”).

(2) The terms and conditions of an appointment as an NCA special are to be
determined by the Director General.

(3) 35Sub-paragraph (1) does not prevent NCA specials from working otherwise
than on a part-time basis if the Director General considers that it is
appropriate for them to do so because of exceptional circumstances.

(4) Sub-paragraph (1) does not prevent the NCA from—

(a) reimbursing the expenses of NCA specials,

(b) 40providing for the subsistence, accommodation or training of NCA
specials, and

(c) providing for the payment of sums to, or in respect of, current or
former NCA specials to compensate for loss of salary attributable to
injury or death resulting from the performance of duties as NCA
specials.

(5) 5The Director General—

(a) may designate an NCA special under section 10 as a person having
the powers and privileges of a constable; but

(b) may not so designate an NCA special as a person having the powers
of an officer of Revenue and Customs or the powers of an
10immigration officer.

(6) If an NCA special is designated as a person having the powers and
privileges of a constable, paragraph 11(1)(b) to (d) of Schedule 5 (powers and
privileges in Scotland, Northern Ireland and outside the UK) do not apply
in relation to the NCA special.

(7) 15The Director General may not—

(a) under paragraph 10, arrange for any function to be exercised by an
NCA special or nominate an NCA special to exercise a power of
direction;

(b) provide an NCA special by way of assistance under Part 3 of
20Schedule 3 (whether in response to a request or a direction).

(8) The Secretary of State may not appoint an NCA special to be a member of an
advisory panel under paragraph 4 of Schedule 5 to make recommendations
about the operational powers of the Director General.

(9) The no-strike provisions in section 13 do not apply in relation to NCA
25specials.

(10) No determination under regulations under section 14 may be made in
relation to the pay and allowances and other terms and conditions of
employment of NCA specials.

(11) If a person is both—

(a) 30an NCA special designated as a person having the powers and
privileges of a constable, and

(b) a special constable,

none of the operational powers which the person has as an NCA special are
exercisable at any time when the person is exercising any power or privilege
35which the person has as a special constable.

(12) A person is not a civil servant by virtue of being an NCA special.

Section 4

SCHEDULE 2 The framework document & annual report

Part 1 The framework document

5The document

1 (1) The framework document is a document which deals with ways in which
the NCA is to operate, including—

(a) ways in which NCA functions are to be exercised (including
arrangements for publishing information about the exercise of NCA
10functions and other matters relating to the NCA), and

(b) ways in which the NCA is to be administered (including governance
and finances of the NCA).

(2) Section 6(2) makes further provision about what may be included in the
framework document.

15Duty to issue document

2 The Secretary of State must—

(a) issue the framework document;

(b) keep the framework document under review; and

(c) if the Secretary of State considers it appropriate, issue a new
20framework document (which may be wholly or partly different from
the existing framework document).

Duty to have regard to document

3 The Secretary of State must have regard to the framework document in
exercising functions in relation to the NCA, the Director General or any
25other NCA officer.

Role of Director General

4 (1) The Secretary of State must—

(a) consult the Director General in preparing any framework document;
and

(b) 30obtain the consent of the Director General before issuing any
framework document.

(2) The Director General’s duty to have regard to the annual plan in exercising
functions does not apply in relation to functions under sub-paragraph (1).

Consultation with devolved administrations

5 35The Secretary of State must consult—

(a) the Scottish Ministers, and

(b) the Department of Justice in Northern Ireland,

before issuing the first framework document or any other framework
document which is, in the Secretary of State’s view, significantly different
from the framework document it replaces.

Publication & distribution

6 (1) 5This paragraph applies on each occasion when the Secretary of State issues
a framework document.

(2) The Secretary of State must—

(a) arrange for the framework document to be published in the manner
which the Secretary of State considers appropriate,

(b) 10send a copy of the framework document to—

(i) the Scottish Ministers, and

(ii) the Department of Justice in Northern Ireland, and

(c) lay the framework document before Parliament.

(3) The Scottish Ministers must lay a copy of the framework document before
15the Scottish Parliament.

(4) The Department of Justice in Northern Ireland must lay a copy of the
framework document before the Northern Ireland Assembly.

(5) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the
purposes of sub-paragraph (4) as it applies in relation to the laying of a
20statutory document under an enactment.

Part 2 The annual report

Duty to issue report

7 (1) As soon as possible after the end of each financial year, the Director General
25must issue a report on the exercise of the NCA functions during that year
(the “annual report”).

(2) The annual report relating to a financial year must include an assessment of
the extent to which the annual plan for that year has been carried out.

Publication & distribution

8 (1) 30The Director General must—

(a) arrange for the annual report to be published in the manner which
the Director General considers appropriate, and

(b) send a copy of the annual report to—

(i) the strategic partners, and

(ii) 35the Secretary of State.

(2) The Secretary of State must lay a copy of the annual report before
Parliament.

(3) The Scottish Ministers must lay a copy of the annual report before the
Scottish Parliament.