Crime and Courts Bill (HL Bill 4)

(b) so far as may be consistent with employment in the civil service of
the state, for the terms and conditions of the designated transferee’s
employment to have effect as the person’s terms and conditions of
30employment as an NCA officer;

(c) for the transfer to the NCA of the rights, powers, duties and liabilities
of the employer under or in connection with the designated
transferee’s contract of employment;

(d) for anything done (or having effect as if done) before that transfer by
35or in relation to the employer in respect of such a contract or the
designated transferee to be treated as having been done by or in
relation to the NCA.

(2) A staff transfer scheme may provide for a period before a person became an
NCA officer to count as a period during which the person was employed in
40the civil service of the state (and for the operation of the scheme not to be
treated as having interrupted the continuity of that period).

(3) A staff transfer scheme may provide for a person who would otherwise
become an NCA officer under a staff transfer scheme not to become such a

member of staff if the person gives notice objecting to the operation of the
scheme in relation to the person.

(4) A staff transfer scheme may provide for any person who would be treated
(whether by an enactment or otherwise) as being dismissed by the operation
5of the scheme not to be so treated.

(5) A staff transfer scheme may provide for a person to become an NCA officer
despite any provision, of whatever nature, which would otherwise prevent
the person from being employed in the civil service of the state.

(6) A staff transfer scheme may provide for a person’s secondment to SOCA or
10the NPIA to continue as a secondment of that person to the NCA.

(7) In the application of this paragraph to the transfer of a constable—

(a) a reference to employment (other than employment as an NCA
officer) is a reference to service as a constable;

(b) a reference to a contract of employment is a reference to the terms
15and conditions of service as a constable;

(c) a reference to the employer is a reference to the chief officer of the
police force, and the policing body for the police force, in which the
constable serves.

3 (1) A property transfer scheme is a scheme providing for the transfer to the
20NCA of designated property, rights or liabilities from—

(a) SOCA,

(b) the NPIA,

(c) the chief officer of, or the policing body, for an England and Wales
police force, or

(d) 25any other person.

(2) A property transfer scheme may—

(a) create rights, or impose liabilities, in relation to property or rights
transferred by virtue of the scheme;

(b) provide for anything done by or in relation to a transferor in
30connection with any property, rights or liabilities transferred by the
scheme to be treated as done, or to be continued, by or in relation to
the NCA;

(c) apportion property, rights and liabilities;

(d) make provision about the continuation of legal proceedings.

(3) 35The things that may be transferred by a property transfer scheme include—

(a) property, rights and liabilities that could not otherwise be
transferred;

(b) property acquired, and rights and liabilities arising, after the making
of the scheme.

4 (1) 40A staff transfer scheme or a property transfer scheme may make—

(a) provision for any reference to a transferor in any document to have
effect as, or as including, a reference to the NCA;

(b) supplementary, incidental, transitional and consequential provision.

(2) A staff transfer scheme may make provision which is the same or similar as
45provision made by the TUPE regulations (if those regulations do not apply
to the transfer).

5 In paragraphs 2 to 4—

• “civilian staff”, in relation to an England and Wales police force, means
  a person employed by the policing body for that force;

• “designated”, in relation to a staff transfer scheme or a property transfer
  5scheme, means specified in, or determined in accordance with, the
  scheme;

• “transferor”, in relation to a staff transfer scheme or a property transfer
  scheme, means any of the following to which the scheme relates—

  (a)

  SOCA;

  (b)

  10the NPIA;

  (c)

  the chief officer of, or the policing body, for an England and
  Wales police force;

  (d)

  any other person;

• “TUPE regulations” means the Transfer of Undertakings (Protection of
  15Employment) Regulations 2006.

Members of SOCA

6 (1) The Secretary of State may pay such amount (if any) as the Secretary of State
thinks appropriate to a person who ceases to be a SOCA board member at
the changeover.

(2) 20In this paragraph “SOCA board member” means a person who is a member
of SOCA by virtue of paragraph 1(1)(a) or (c) of Schedule 1 to the Serious
Organised Crime and Police Act 2005 (the chairman and ordinary members).

SOCA annual reports and accounts

7 (1) The repeal of sections 7 and 20 of the Serious Organised Crime and Police
25Act 2005 (annual reports and accounts) by this Act does not affect the
application of those sections, after the changeover, in relation to times before
the changeover.

(2) Sections 7 and 20 of the 2005 Act apply in relation to the final period as they
apply to any financial year of SOCA (and, accordingly, references in those
30sections to a financial year of SOCA include references to the final period).

(3) After the changeover, the duties imposed on SOCA by sections 7 and 20 of
the 2005 Act are to be discharged by the Director General of the National
Crime Agency.

(4) In this paragraph “final period” means the period which—

(a) 35begins with the last 1 April to fall before the changeover, and

(b) ends with the changeover.

Saving of accrued pension rights etc

8 (1) The amendments of the Superannuation Act 1972 made by Part 2 of this
Schedule do not affect the operation of that Act in relation to employment of
40any of the following kinds by any person—

(a) employment by SOCA;

(b) employment as a member of the staff of the NPIA.

(2) The amendments of the Police Pensions Act 1976 made by Part 2 of this
Schedule do not affect the operation of that Act in relation to service of any
of the following kinds by any person—

(a) service as an employee of SOCA;

(b) 5relevant service within paragraph (ca) or (cb) of section 97(1) of the
Police Act 1996;

(c) relevant service within section 38A(1)(ba) of the Police (Scotland) Act
1967;

(d) service as a member of the staff of NPIA.

10Scottish police reform

9 (1) The power conferred by section 30 may, in particular, be exercised to make
provision to secure that the NCA provisions have full effect despite the
coming into force of particular NCA provisions before the coming into force
of particular Scottish police reform provisions.

(2) 15Such provision may, in particular, modify a reference in any of the NCA
provisions to any person, body or other thing created by the Scottish police
reform provisions.

(3) That includes the modification of a reference—

(a) to the Police Service of Scotland, in particular by providing for it to
20have effect as, or as including, a reference to one or more of the
following—

(i) an existing Scottish police force;

(ii) the Scottish Crime and Drugs Enforcement Agency;

(b) to the chief constable of the Police Service of Scotland, in particular
25by providing for it to have effect as, or as including, a reference to
one or more of the following—

(i) the chief constable of an existing Scottish police force;

(ii) the Scottish Crime and Drugs Enforcement Agency;

(iii) the Director General of that Agency;

(c) 30to the Scottish Police Authority, in particular by providing for it to
have effect as, or as including, a reference to one or more of the
following—

(i) an existing Scottish police authority;

(ii) the Scottish Crime and Drugs Enforcement Agency;

(iii) 35the Director General of that Agency;

(iv) the Scottish Police Services Authority;

(d) to constables in the Police Service of Scotland, in particular by
providing for it to have effect as, or as including, a reference to one
or more of the following—

(i) 40constables in existing Scottish police forces;

(ii) police members of the Scottish Crime and Drugs
Enforcement Agency;

(iii) support staff members of the Scottish Crime and Drugs
Enforcement Agency.

(4) 45In this paragraph—

• “existing Scottish police authority” means a body which is a police
  authority by virtue of section 2 of the Police (Scotland) Act 1967 or a

  Crime and Courts BillPage 78

  joint police board constituted in accordance with an amalgamation
  scheme made under that Act;

• “existing Scottish police force” means a police force maintained under,
  or by virtue of, section 1 of the Police (Scotland) Act 1967;

• 5“NCA provisions” means the provisions of Part 1 of this Act (including
  any amendments of other enactments made by that Part);

• “Scottish police reform provisions” means the provisions of Part 1 of
  the Police and Fire Reform (Scotland) Act 2012.

Director of Revenue and Customs Prosecutions

10 (1) 10This paragraph applies if, before the changeover, there has been no merger
of the offices of—

(a) the Director of Public Prosecutions, and

(b) the Director of Revenue and Customs Prosecutions.

(2) In relation to the DRCP transitional period, the reference to the Director of
15Public Prosecutions in paragraph of (i)(i) of the definition of permitted
purpose in section 16 has effect as if it included a reference to the Director of
Revenue and Customs Prosecutions.

(3) In this paragraph—

(a) a reference to a merger of offices is a reference to a Minister merging
20the offices by order under section 2 of the Public Bodies Act 2011;

(b) “DRCP transitional period” means the period which—

(i) begins with the changeover, and

(ii) ends when there is a merger of the offices of the Director of
Public Prosecutions and the Director of Revenue and
25Customs Prosecutions.

Interpretation

11 In this Part of this Schedule—

• “changeover” means the time when section 1 comes into force;

• “NPIA” means the National Policing Improvement Agency;

• 30“SOCA” means the Serious Organised Crime Agency.

Part 2 Minor and consequential amendments and repeals

Explosives Act 1875 (c. 17)Explosives Act 1875 (c. 17)

12 (1) Section 75 of the Explosives Act 1875 is amended in accordance with this
35paragraph.

(2) In subsection (1), for “Director General of the Serious Organised Crime
Agency” substitute “Director General of the National Crime Agency”.

(3) In subsection (2), for the words from “means” to “2005” substitute “means a
National Crime Agency officer who is for the time being designated under
40section 9 or 10 of the Crime and Courts Act 2012”.

Police (Property) Act 1897 (c. 30)Police (Property) Act 1897 (c. 30)

13 (1) Section 2A of the Police (Property) Act 1897 (application to SOCA) is
amended in accordance with this paragraph.

(2) In the heading, for “SOCA” substitute “the National Crime Agency”.

(3) 5In subsection (1), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.

(4) In subsection (2)—

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

(b) 10in paragraph (a) for “member of staff of that Agency” substitute
“National Crime Agency officer”.

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

Public Records Act 1958 (c. 51)Public Records Act 1958 (c. 51)

14 15In Schedule 1 to the Public Records Act 1958, in Part 2 of the table at the end
of paragraph 3, omit—

(a) the entry relating to the National Policing Improvement Agency;

(b) the entry relating to the Serious Organised Crime Agency.

Offices, Shops and Railway Premises Act 1963 (c. 41)Offices, Shops and Railway Premises Act 1963 (c. 41)

15 20In section 90 of the Offices, Shops and Railway Premises Act 1963
(interpretation), in subsection (4)(d), for the words from “Serious” to the end
substitute “National Crime Agency to serve as a National Crime Agency
officer”.

Parliamentary Commissioner Act 1967 (c. 13)Parliamentary Commissioner Act 1967 (c. 13)

16 (1) 25Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation) is amended in accordance with this paragraph.

(2) In the list of departments etc subject to investigation—

(a) insert at the appropriate place—

“National Crime Agency.”;

(b) 30omit—

(i) the entry relating to the National Policing Improvement
Agency;

(ii) the entry relating to the Serious Organised Crime Agency.

(3) In the notes after that list, in the note relating to the Serious Organised Crime
35Agency—

(a) for the title substitute “National Crime Agency”;

(b) in the note, for “Serious Organised Crime Agency” substitute
“National Crime Agency”.