Crime and Courts Bill (HL Bill 4)

(b) the person makes any statement or does any act calculated falsely to
suggest that the person is a designated officer, or

(c) the person makes any statement or does any act calculated falsely to
suggest that the person has powers as a designated officer that
5exceed the powers the person actually has.

(2) A person guilty of an offence under this paragraph is liable on summary
conviction to either or both of the following—

(a) imprisonment for a term not exceeding—

(i) 51 weeks on conviction in England and Wales;

(ii) 1012 months on conviction in Scotland;

(iii) 6 months on conviction in Northern Ireland;

(b) a fine not exceeding level 5 on the standard scale.

Transitional provision relating to offences

24 In relation to an offence committed before the commencement of section
15281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary
offences)—

(a) the reference in paragraph 21(2)(a)(i) to the period of 51 weeks is to
be read as a reference to the period of 1 month;

(b) the references in paragraphs 22(2)(a)(i) and 23(2)(a)(i) to the period
20of 51 weeks is to be read as references to the period of 6 months.

Part 8 General

Payment of revenue to the Commissioners

25 (1) The Director General must pay to the Commissioners any money received
25by way of proceeds of forfeitures—

(a) by the Director General in the exercise of any power of the
Commissioners, or

(b) by the Director General or any other NCA officer in the exercise of
any power of an officer of Revenue and Customs.

(2) 30In this section “proceeds of forfeitures” means—

(a) the proceeds of forfeitures made under the customs and excise Acts
(within the meaning of section 1 of the Customs and Excise
Management Act 1979), and

(b) a sum paid, or the proceeds of sale, under paragraph 16 of Schedule
353 to that Act.

Modification of references

26 If, in accordance with section 9(1) or any provision of this Schedule—

(a) a power of the Commissioners is exercisable by the Director General,
a reference to the Commissioners in any enactment which relates to
40that power is to be taken to be, or to include, a reference to the
Director General;

(b) a power or privilege of a constable is exercisable by any NCA officer,
a reference to a constable in any enactment which relates to that

power or privilege is to be taken to be, or to include, a reference to
any NCA officer by whom that power or privilege is exercisable;

(c) a power of an officer of Revenue and Customs is exercisable by any
NCA officer, a reference to an officer of Revenue and Customs in any
5enactment which relates to that power is to be taken to be, or to
include, a reference to any NCA officer by whom that power is
exercisable;

(d) a power of an immigration officer is exercisable by any NCA officer,
a reference to an immigration officer in any enactment which relates
10to that power is to be taken to be, or to include, a reference to any
NCA officer by whom that power is exercisable.

Power to make further provision

27 (1) The relevant national authority may, by order, make such provision as that
authority considers appropriate in consequence of—

(a) 15the Director General having the powers of the Commissioners under
section 9(1), or

(b) designated officers having operational powers.

(2) An order under this paragraph may, in particular—

(a) provide for the Director General or designated officers to benefit
20from exemptions or other protection in respect of the exercise of
operational powers;

(b) provide for the disclosure of information to, or the doing of other
things in relation to, the Director General or designated officers;

(c) confer functions on the Director General or any other person;

(d) 25provide for a class of NCA officers (whether identified by reference
to a grade or pay scale or otherwise) to be treated as the equivalent
of—

(i) one or more ranks in a UK police force;

(ii) one or more grades of, or pay scales applicable to, officers of
30Revenue and Customs;

(iii) one or more grades of, or pay scales applicable to,
immigration officers.

(3) In this paragraph—

• “designated officers” includes a description of such officers;

• 35“enactment” includes a description of enactments.

Functions of third parties relating to constables etc: extension to NCA

28 (1) The relevant national authority may, by order, provide for a relevant
function of a person to be exercisable by that person in relation to—

(a) the NCA,

(b) 40the Director General, or

(c) NCA officers (or any description of NCA officers).

(2) In this paragraph “relevant function” means a function exercisable by any
person in relation to—

(a) a constable,

(b) 45a UK police force,

(c) an officer of Revenue and Customs,

(d) the Commissioners, or

(e) an immigration officer.

General provision about orders

29 (1) The power to make an order under paragraph 27 or 28 may, in particular, be
5exercised by—

(a) amending, repealing, revoking or otherwise modifying any
provision made by or under an enactment, or

(b) applying an enactment (with or without modifications).

(2) The Secretary of State must consult—

(a) 10the Commissioners before exercising the power conferred by
paragraph 27 or 28 in relation to an enactment which (expressly or
otherwise) confers any function on the Commissioners or an officer
of Revenue and Customs;

(b) the Scottish Ministers before exercising the power conferred by
15paragraph 27 or 28 in relation to an enactment which extends to
Scotland;

(c) the Department of Justice in Northern Ireland before exercising the
power conferred by paragraph 27 or 28 in relation to an enactment
which extends to Northern Ireland.

20Interpretation

30 In this Schedule—

• “Commissioners” means the Commissioners of Her Majesty’s Revenue
  and Customs;

• “designated officer” means the Director General or any other NCA
  25officer if designated as having operational powers;

• “designation” means—

  (a)

  a designation of the Director General under section 9, or

  (b)

  a designation of any other NCA officer under section 10;

  and “designated” and cognate expressions are to be construed
  30accordingly;

• “limitation” means a limitation included in a designation under
  paragraph 6;

• “Northern Ireland devolved provision”, in relation to provision of an
  order under this Schedule, means provision which would be within
  35the legislative competence of the Northern Ireland Assembly if
  contained in an Act of the Northern Ireland Assembly;

• “powers and privileges of a constable that are exercisable overseas”
  means the powers and privileges of a constable if, and to the extent
  that, they are exercisable outside the United Kingdom and the
  40United Kingdom waters;

• “powers and privileges of an English and Welsh constable” means the
  powers and privileges of a constable if, and to the extent that, they
  are exercisable in England and Wales or the adjacent United
  Kingdom waters;

• 45“powers and privileges of a Northern Ireland constable” means the
  powers and privileges of a constable if, and to the extent that, they
  are exercisable in Northern Ireland or the adjacent United Kingdom
  waters;

Crime and Courts BillPage 63

• “powers and privileges of a Scottish constable” means the powers and
  privileges of a constable if, and to the extent that, they are exercisable
  in Scotland or the adjacent United Kingdom waters;

• “relevant national authority”, in relation to a power to make an order
  5under this Schedule, means—

  (a)

  the Secretary of State, except in relation to Scottish devolved
  provision and Northern Ireland devolved provision;

  (b)

  the Scottish Ministers, in relation to Scottish devolved
  provision;

  (c)

  10the Department of Justice in Northern Ireland, in relation to
  Northern Ireland devolved provision;

• “Scottish devolved provision”, in relation to provision of an order
  under this Schedule, means provision that would be within the
  legislative competence of the Scottish Parliament if contained in an
  15Act of the Scottish Parliament, except for any provision of the kind
  referred to in paragraph 27(2)(d);

• “United Kingdom waters” means the sea and other waters within the
  seaward limits of the United Kingdom’s territorial sea.

Section 11

SCHEDULE 6 20Inspections and complaints

Part 1 Inspections

Inspections in Scotland

1 (1) Before making a request for an inspection that would fall to be carried out
25wholly or partly in Scotland, the Secretary of State must consult the Scottish
Ministers.

(2) HMIC may carry out an inspection jointly with the Scottish inspectors—

(a) if it is carried out wholly in Scotland, or

(b) in a case where it is carried out partly in Scotland, to the extent that
30it is carried out there.

(3) Before deciding whether or not to carry out such an inspection jointly with
the Scottish inspectors, HMIC must consult the Scottish inspectors.

Inspections in Northern Ireland

2 Before making a request for an inspection that would fall to be carried out
35wholly or partly in Northern Ireland, the Secretary of State must consult the
Department of Justice in Northern Ireland.

Publication of HMIC reports

3 (1) The Secretary of State must arrange for every HMIC report received to be
published in such manner as the Secretary of State considers appropriate.

(2) But the Secretary of State may exclude from publication any part of an HMIC
report if, in the Secretary of State’s opinion, the publication of that part—

(a) would be against the interests of national security,

(b) could prejudice the prevention or detection of crime, the
5apprehension of offenders, or the prosecution of offences, or

(c) might jeopardise the safety of any person.

(3) The Secretary of State must send a copy of the published report—

(a) to the NCA; and

(b) if the inspection was carried out wholly or partly in Scotland, to the
10Scottish Ministers; and

(c) if the inspection was carried out wholly or partly in Northern
Ireland, to the Department of Justice in Northern Ireland.

NCA response

4 (1) The Director General must—

(a) 15prepare comments on each HMIC report as published by the
Secretary of State; and

(b) arrange for those comments to be published in such manner as the
Director General considers appropriate.

(2) The Director General must send a copy of any document published under
20sub-paragraph (1)(b)—

(a) to the Secretary of State; and

(b) if the inspection was carried out wholly or partly in Scotland, to the
Scottish Ministers; and

(c) if the inspection was carried out wholly or partly in Northern
25Ireland, to the Department of Justice in Northern Ireland.

Disclosure of information

5 (1) The Director General must—

(a) provide to a policing inspectorate such information and documents
specified or described in a notification given by the inspectorate to
30the Director General, and

(b) produce or deliver up to the inspectorate all such evidence and other
things so specified or described,

as appear to the inspectorate to be required for the purposes of the exercise
of an NCA inspection function.

(2) 35Anything that the Director General is obliged to provide, produce or deliver
up by virtue of a requirement imposed under sub-paragraph (1) must be
provided, produced or delivered up in such form and manner, and within
such period, as may be specified—

(a) in the notification imposing the requirement, or

(b) 40in any subsequent notification given by the inspectorate to the chief
officer.

(3) Nothing in this paragraph requires the Director General—

(a) to comply with an obligation imposed under sub-paragraph (1)
before the earliest time at which it is practicable to do so, or

(b) to comply at all with any such obligation if it never becomes
practicable to do so.

(4) An NCA officer may disclose information to any policing inspectorate for
the purposes of the exercise by any policing inspectorate of an NCA
5inspection function.

(5) The Secretary of State may, by regulations, make—

(a) further provision about the disclosure of information under sub-
paragraph (1) or (4);

(b) provision about the further disclosure of information that has been
10disclosed under sub-paragraph (1) or (4).

(6) Such regulations may, in particular—

(a) modify any provision of Schedule 7 in its application to such a
disclosure, or

(b) disapply any such provision from such a disclosure.

15Access to premises

6 (1) The Director General must secure that a policing inspectorate is given access
to premises occupied for the purposes of the NCA and access to documents
and other things on those premises if—

(a) the inspectorate requires such access, and

(b) 20the requirement is imposed for the purposes of the exercise of an
NCA inspection function.

(2) Where there are reasonable grounds for not allowing the inspectorate to
have the required access at the time at which the inspectorate seeks to have
it, the obligation under sub-paragraph (1) has effect as an obligation to
25secure that the required access is allowed to the inspectorate at the earliest
practicable time specified by the inspectorate after there cease to be any such
grounds.

Interpretation

7 In this Part of this Schedule—

• 30“HMIC” means Her Majesty’s Inspectors of Constabulary;

• “HMIC report” means a report under section 11(3);

• “document” means anything in which information of any description is
  recorded;

• “inspection” means an inspection under section 11(1) or (2);

• 35“NCA inspection function” means a function in relation to the
  inspection of the NCA;

• “policing inspectorate” means—

  (a)

  HMIC or any person carrying out the functions of the HMIC,
  and

  (b)

  40the Scottish inspectors or any person carrying out the
  functions of the Scottish inspectors.

• “request” means a request under section 11(2) for an inspection;

• “Scottish inspectors” means the inspectors of constabulary for which
  Part 1 of the Police and Fire Reform (Scotland) Act 2012 provides.

Part 2 Complaints: other amendments

Police Reform Act 2002

8 The Police Reform Act 2002 is amended as follows.

9 (1) 5Section 10 (general functions of the IPCC) is amended in accordance with
this paragraph.

(2) In subsection (1)—

(a) in paragraph (g), for “Serious Organised Crime Agency” substitute
“National Crime Agency”;

(b) 10omit paragraph (h).

(3) In subsection (3), for paragraphs (ba) and (bb) substitute—

“(bc) any regulations under section 26C of this Act (the National
Crime Agency);”.

(4) Omit subsection (9).

10 (1) 15Section 11 (reports to the Secretary of State) is amended in accordance with
this paragraph.

(2) In subsection (6)—

(a) omit paragraphs (b) and (e);

(b) after paragraph (e) insert—

“(f) 20to the National Crime Agency.”.

(3) In subsection (8), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.

(4) Omit subsection (9A).

(5) In subsection (10)—

(a) 25omit paragraphs (d) and (h);

(b) in paragraph (g), omit “and”;

(c) after paragraph (h) insert “; and

(i) the National Crime Agency.”.

11 (1) Section 15 (general duties) is amended in accordance with this section.

(2) 30In subsection (1A), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.

(3) Omit subsection (1B).

(4) In subsection (3)(c)—

(a) for “Serious Organised Crime Agency” substitute “National Crime
35Agency”;

(b) for “member of the staff of that Agency” substitute “National Crime
Agency officer”.

(5) In subsections (4)(c) and (5)(c), for “Serious Organised Crime Agency”
substitute “National Crime Agency”.

(6) 40In subsection (6)—

(a) for “Serious Organised Crime Agency” substitute “National Crime
Agency”;

(b) in paragraph (a), for “member of the staff of the Agency” substitute
“a National Crime Agency officer”.

(7) 5In subsection (7), for “member of the staff of the Serious Organised Crime
Agency” substitute “National Crime Agency officer”.

(8) In subsection (8), for “member of the staff of the Serious Organised Crime
Agency” substitute “National Crime Agency officer”.

(9) Omit subsection (8A).

(10) 10In subsection (9)—

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

(b) in paragraph (b), for “member of the staff of the Agency” substitute
“National Crime Agency officer”.

(11) 15In subsection (10), omit paragraph (b) (and the word “and” at the end of
paragraph (a)).

12 (1) Section 16 (payment for assistance with investigations) is amended in
accordance with this paragraph.

(2) In subsection (5)(a), for “Serious Organised Crime Agency” substitute
20“National Crime Agency”.

(3) In subsection (6), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.

13 Omit section 16A (investigations: NPIA involvement).

14 In section 17, omit subsection (6).

15 25Omit sections 26A and 26B (agreements about complaints about the Serious
Organised Crime Agency or the National Policing Improvement Agency).

16 In section 29 (interpretation of Part 2), in subsection (3), for paragraphs (b)
and (c) substitute—

“(ca) a National Crime Agency officer; or”.

17 (1) 30Schedule 3 (handling of complaints and conduct matters etc) is amended in
accordance with this paragraph.

(2) In paragraph 16(3), for paragraphs (b) and (c) substitute—

“(d) a National Crime Agency officer,”.

(3) In paragraph 17(2), for paragraphs (b) and (c) substitute—

“(d) 35a National Crime Agency officer,”.

Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and
Modifications) Order 2007

18 (1) The Police, Public Order and Criminal Justice (Scotland) Act 2006
(Consequential Provisions and Modifications) Order 2007(the “2007 Order”)
40is amended in accordance with this paragraph.

(2) In article 2 (interpretation), for paragraph (d) substitute—

“(d) NCA” means the National Crime Agency;

(e) “NCA officer” means a National Crime Agency officer.”.

(3) In article 4 (agreements to establish complaints procedures), in paragraph
5(7)—

(a) omit sub-paragraph (b)(iv);

(b) omit sub-paragraph (c)(iii);

(c) after sub-paragraph (c) insert—

“(d) any statement made by a person who is, or has been,
10an NCA officer about the terms and conditions of
their service;”.

(4) The amendments of the 2007 Order made by section 11 and this Schedule
may be amended or revoked as if made in the exercise of the powers under
which the 2007 Order was made.

15Police (Northern Ireland) Act 1998

19 In section 61 of the Police (Northern Ireland) Act 1998 (reports), in
subsection (5)(c), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.

Section 12

SCHEDULE 7 20Information: restrictions on disclosure

Part 1 Statutory restrictions

1 This Part of this Act does not authorise or require—

(a) a disclosure, in contravention of any provisions of the Data
25Protection Act 1998, of personal data which are not exempt from
those provisions, or

(b) a disclosure which is prohibited by Part 1 of the Regulation of
Investigatory Powers Act 2000.

Part 2 30Restrictions on disclosures of particular types of information

HMRC & customs information

2 (1) An NCA officer must not disclose—

(a) HMRC information,

(b) personal customs information, or

(c) 35personal customs revenue information,

unless the relevant authority consents to the disclosure.

(2) If an NCA officer has disclosed—

(a) HMRC information,

(b) personal customs information, or

(c) personal customs revenue information,

to a person, that person must not further disclose that information unless the
relevant authority consents to the disclosure.

(3) 5In this paragraph—

• “HMRC information” means information obtained by the NCA from
  the Commissioners or a person acting on behalf of the
  Commissioners;

• “personal customs information” and “personal customs revenue
  10information” have the same meanings as in the Borders, Citizenship
  and Immigration Act 2009 (see section 15(4) of that Act);

• “relevant authority” means—

  (a)

  the Commissioners or an officer of Revenue and Customs (in
  the case of a disclosure or further disclosure of HMRC
  15information);

  (b)

  the Commissioners or a designated general customs official
  (in the case of a disclosure or further disclosure of personal
  customs information);

  (c)

  the Director of Border Revenue or a designated customs
  20revenue official (in the case of a disclosure or further
  disclosure of personal customs revenue information).

Social security information

3 (1) An NCA officer must not disclose social security information unless the
relevant authority consents to the disclosure.

(2) 25If an NCA officer has disclosed social security information to a person, that
person must not further disclose that information unless the relevant
authority consents to the disclosure.

(3) In this paragraph—

• “relevant authority” means—

  (a)

  30the Secretary of State (in the case of a disclosure or further
  disclosure of information held, when disclosed to the NCA,
  for the purposes of the functions of the Secretary of State);

  (b)

  the Department for Social Development in Northern Ireland
  (in the case of a disclosure or further disclosure of
  35information held, when disclosed to the NCA, for the
  purposes of the functions of a Northern Ireland department);

• “social security information” means information which, when
  disclosed to the NCA, was information held for the purposes of any
  of the following functions of the Secretary of State or a Northern
  40Ireland Department—

  (a)

  functions relating to social security, including functions
  relating to—

  (i)

  statutory payments as defined in section 4C(11) of the
  Social Security Contributions and Benefits Act 1992;

  (ii)

  45maternity allowance under section 35 of that Act;

  (iii)

  statutory payments as defined in section 4C(11) of the
  Social Security Contributions and Benefits (Northern
  Ireland) Act 1992;

  Crime and Courts BillPage 70

  (iv)

  maternity allowance under section 35 of that Act;

  (v)

  schemes and arrangements under section 2 of the
  Employment and Training Act 1973;

  (b)

  functions relating to the investigation and prosecution of
  5offences relating to tax credits.

Intelligence service information

4 (1) An NCA officer must not disclose intelligence service information unless the
relevant authority consents to the disclosure.

(2) If an NCA officer has disclosed intelligence service information to a person,
10that person must not further disclose that information unless the relevant
authority consents to the disclosure.

(3) In this paragraph—

• “intelligence service” means—

  (a)

  the Security Service,

  (b)

  15the Secret Intelligence Service, or

  (c)

  GCHQ (which has the same meaning as in the Intelligence
  Services Act 1994);

• “intelligence service information” means information obtained from an
  intelligence service or a person acting on behalf of an intelligence
  20service;

• “relevant authority” means—

  (a)

  the Director-General of the Security Service (in the case of
  information obtained by the NCA from that Service or a
  person acting on its behalf);

  (b)

  25the Chief of the Secret Intelligence Service (in the case of
  information obtained by the NCA from that Service or a
  person acting on its behalf);

  (c)

  the Director of GCHQ (in the case of information obtained
  from GCHQ or a person acting on its behalf).

30Arrangements for publishing information

5 The Director General must not disclose information if the disclosure would
be in breach of a requirement that is imposed on the Director General by the
framework document in accordance with section 6(2).

Part 3 35Restrictions on disclosures of information relating to PCA 2002

Information obtained in exercise of functions under Part 6 of PCA 2002

6 (1) An NCA officer must not disclose information obtained by the NCA in
connection with the exercise of any function under PCA 2002 unless
condition A or condition B is met.

(2) 40Condition A is that—

(a) the information was obtained by the NCA in connection with the
exercise of a Part 6 function, and

(b) the disclosure is—

(i) to the Commissioners,

(ii) to the Lord Advocate for the purposes of the exercise by the
Lord Advocate of the Lord Advocate’s functions under Part
3 of PCA 2002 (confiscation: Scotland),

(iii) 5to any person for purposes relating to civil proceedings
(whether or not in the United Kingdom) which relate to a
matter in respect of which the NCA has functions, or

(iv) to any person for the purposes of compliance with an order
of a court or tribunal (whether or not in the United Kingdom).

(3) 10Condition B is that—

(a) the information was obtained by the NCA in connection with the
exercise of a function under PCA 2002 other than a Part 6 function,
and

(b) the disclosure is for the purposes of the exercise of—

(i) 15the functions of the Lord Advocate under Part 3 of PCA 2002,
or

(ii) the functions of the Scottish Ministers under, or in relation to,
Part 5 of PCA 2002.

(4) An NCA officer must not disclose information for the purposes mentioned
20in subsection (3)(b) unless condition B is met in relation to the disclosure.

(5) In this paragraph “Part 6 function” means a function under Part 6 of PCA
2002 (revenue functions).

Part 4 Restrictions on further disclosures of information

25Information generally

7 (1) If an NCA officer has disclosed information to a person (the “original
recipient”), that person must not further disclose the information unless—

(a) the disclosure is—

(i) for a purpose connected with any relevant function of the
30original recipient, or

(ii) otherwise for a permitted purpose, and

(b) the Director General consents to the disclosure.

(2) This paragraph does not apply to a further disclosure of information if—

(a) the disclosure of the information by the NCA officer to the original
35recipient consisted of its publication in accordance with a duty
imposed on the NCA officer by an enactment,

(b) paragraph 8 or 9 applies, or

(c) the NCA officer’s disclosure to the original recipient was a
disclosure—

(i) 40to the Lord Advocate for the purposes of the exercise of the
functions of the Lord Advocate under Part 3 of PCA 2002, or

(ii) to the Scottish Ministers for the purposes of the exercise of the
functions of the Scottish Ministers under, or in relation to,
Part 5 of PCA 2002;

45and for provision about the further disclosure of such information,
see section 441 of PCA 2002.

(3) In this paragraph “relevant function” means any function of the original
recipient for the purposes of which the information was disclosed to that
recipient.

Information obtained under Part 6 of PCA 2002 & disclosed to Commissioners

8 (1) 5This paragraph applies to information disclosed by an NCA officer under
paragraph 6(2) to the Commissioners.

(2) The information may be further disclosed by the Commissioners only if the
disclosure is—

(a) for a purpose connected with any relevant function of the
10Commissioners, or

(b) otherwise for a permitted purpose.

(3) The information may be further disclosed by a person other than the
Commissioners only if—

(a) the disclosure is—

(i) 15for a purpose connected with any relevant function of the
Commissioners, or

(ii) otherwise for a permitted purpose, and

(b) the Director General consents to the disclosure.

(4) In this paragraph “relevant function” means any function of the
20Commissioners for the purposes of which the information was disclosed.

Information obtained under Part 6 of PCA 2002 & disclosed to Lord Advocate

9 Information disclosed by an NCA officer under paragraph 6(2) to the Lord
Advocate may be further disclosed only if the disclosure is—

(a) by the Lord Advocate to the Scottish Ministers, and

(b) 25for the purpose of the exercise by the Scottish Ministers of their
functions under Part 5 of PCA 2002.

Part 5 Offences relating to wrongful disclosure of information

10 (1) An NCA officer commits an offence if—

(a) 30the NCA officer discloses information, and

(b) that disclosure breaches the duty under—

(i) paragraph 2(1) (disclosure of HMRC information, personal
customs information or personal revenue customs
information), or

(ii) 35paragraph 3(1) (disclosure of social security information).

(2) A person commits an offence if—

(a) the person further discloses information, and

(b) that further disclosure breaches the duty under—

(i) paragraph 2(2) (further disclosure of HMRC information,
40personal customs information or personal revenue customs
information), or

(ii) paragraph 3(2) (further disclosure of social security
information).

(3) It is a defence for a person charged with an offence under this paragraph to
prove that the person reasonably believed—

(a) that the disclosure was lawful, or

(b) that the information disclosed had already and lawfully been made
5available to the public.

(4) A prosecution for an offence under this paragraph—

(a) may be brought in England and Wales only with the consent of the
Director of Public Prosecutions;

(b) may be brought in Northern Ireland only with the consent of the
10Director of Public Prosecutions for Northern Ireland.

(5) This paragraph is without prejudice to the pursuit of any remedy or the
taking of any action in relation to a breach of a relevant duty.

(6) A person guilty of an offence under this paragraph is liable on conviction on
indictment to either or both of the following—

(a) 15imprisonment for a term not exceeding 2 years;

(b) a fine.

(7) A person guilty of an offence under this paragraph is liable on summary
conviction to either or both of the following—

(a) imprisonment for a term not exceeding—

(i) 2012 months on conviction in England and Wales;

(ii) 12 months on conviction in Scotland;

(iii) 6 months on conviction in Northern Ireland;

(b) a fine not exceeding the statutory maximum.

(8) In relation to an offence committed before the commencement of section 282
25of the Criminal Justice Act 2003 (increase in maximum sentence on summary
conviction of offence triable either way), the reference in sub-paragraph
(7)(a)(i) to the period of 12 months is to be read as a reference to the period
of 6 months.

Part 6 30General

Consents

11 A consent to disclosure of information under any provision of this Schedule
may be given in relation to—

(a) a particular disclosure, or

(b) 35disclosures made in circumstances specified or described in the
consent.

Interpretation

12 In this Schedule—

• “Commissioners” means the Commissioners for Her Majesty’s
  40Revenue and Customs;

• “PCA 2002” means the Proceeds of Crime Act 2002.

Section 15

SCHEDULE 8 Abolition of SOCA and NPIA

Part 1 Transitional, transitory and saving provision

5Transfer schemes

1 (1) The Secretary of State may make—

(a) one or more staff transfer schemes, and

(b) one or more property transfer schemes.

(2) The Secretary of State may include—

(a) 10provision under paragraph 2(1)(a)(v) in a staff transfer scheme, or

(b) provision under paragraph 3(1)(d) in a property transfer scheme,

only if the Secretary of State considers that the provision is appropriate in
connection with an order under section 2 (modification of NCA functions).

(3) The Secretary of State must lay before Parliament each staff transfer scheme
15and each property transfer scheme that is made.

2 (1) A staff transfer scheme is a scheme which provides—

(a) for—

(i) a designated member of the staff of SOCA,

(ii) a designated member of the staff of the NPIA,

(iii) 20a designated constable in an England and Wales police force,

(iv) a designated member of the civilian staff of an England and
Wales police force, or

(v) a designated member of the personnel or staff of any other
person,

25(a “designated transferee”) to become an NCA officer and,
accordingly, to become employed in the civil service of the state;