Crime and Courts Bill (HL Bill 49)

Crime and Courts BillPage 90

(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);

Crime and Courts BillPage 91

(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”.

Crime and Courts BillPage 92

(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 93

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 94

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 95

(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 96

(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
2013, 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 97

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 98

(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
402013;.

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

Crime and Courts BillPage 99

(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
52013;.

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)—