Previous Next

Contents page 1-9 10-19 20-29 30-39 40-49 50-59 60-69 70-84 85-89 90-99 100-109 110-116 120-128 130-139 Last page

Crime and Courts BillPage 30

section 5(1)(b)” insert—

RTA
section
5A(1)(a)
and (2)
Driving or
attempting
to drive with
concentration
of specified
controlled
drug above
specified
limit.
Summ-
arily.
On conviction in
England and Wales:
51 weeks or level
5 on the standard
scale or both.
On conviction in
Scotland:
6 months or level
5 on the standard
scale or both.
Oblig-
atory.
Oblig-
atory.
3-11


5




10
RTA
section
5A(1)(b)
and (2)
Being in
charge of a
motor vehicle
with concen-
tration of
specified
controlled
drug above
specified
limit.
Summ-
arily.
On conviction in
England and Wales:
51 weeks or level
4 on the standard
scale or both.
On conviction in
Scotland:
3 months or level
4 on the standard
scale or both.
Discret-
ionary.
Oblig-
atory.
10.


15




20

(5) In the entry inserted by subsection (4) beginning “RTA section 5A(1)(a) and
(2)”, in relation to an offence committed before the commencement of section
281(5) of the Criminal Justice Act 2003 the reference to 51 weeks (on conviction
25in England and Wales) is to be read as a reference to 6 months.

(6) In the entry inserted by subsection (4) beginning “RTA section 5A(1)(b) and
(2)”, in relation to an offence committed before the commencement of section
280(2) of the Criminal Justice Act 2003 the reference to 51 weeks (on conviction
in England and Wales) is to be read as a reference to 3 months.

(7) 30Schedule 15 (drugs and driving: minor and consequential amendments) has
effect.

General

30 Orders and regulations

(1) Orders and regulations made by the Secretary of State or Lord Chancellor
35under this Act are to be made by statutory instrument.

(2) An order made by the Secretary of State under section 2 is subject to super-
affirmative procedure.

(3) Schedule 18 (super-affirmative procedure) has effect.

(4) The Secretary of State or Lord Chancellor may not make a statutory instrument
40containing any of the following (whether or not also containing other
provisions) unless a draft of the instrument has been laid before, and approved
by a resolution of, each House of Parliament—

(a) an order under paragraph 30 of Schedule 3;

Crime and Courts BillPage 31

(b) regulations under paragraph 5 of Schedule 5;

(c) an order under paragraph 27 or 28 of Schedule 5 which amends or
repeals any provision of primary legislation;

(d) an order under section 13;

(e) 5an order under paragraph (p) of the definition of “permitted purpose”
in section 16(1);

(f) an order under section 23(1);

(g) an order under paragraph 3(1)(c) or 31 of Schedule 17;

(h) an order under section 31 which amends or repeals any provision of
10primary legislation;

(i) an order under section 33 bringing anything in Part 4 of Schedule 16
into force or bringing section 24 into force so far as relating to anything
in that Part of that Schedule, other than an order which makes the
provision permitted by section 33(5) or (6).

(5) 15A statutory instrument made by the Secretary of State or Lord Chancellor
containing any of the following is subject to annulment in pursuance of a
resolution of either House of Parliament—

(a) regulations under paragraph 1 of Schedule 4;

(b) an order under paragraph 27 or 28 of Schedule 5 which does not amend
20or repeal any provision of primary legislation;

(c) regulations under paragraph 5 of Schedule 6;

(d) regulations under section 14;

(e) an order under section 31 which does not amend or repeal any
provision of primary legislation.

(6) 25Subsection (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
resolution 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
30reliance 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
in 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
35on 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
the regulations).

(9) 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
40of primary legislation, in which case it is subject to the affirmative procedure.

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

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

Crime and Courts BillPage 32

(12) 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) make different provision for different purposes or areas,

(b) 5include supplementary, incidental or consequential provision, or

(c) make transitional, transitory or saving provision.

(13) In this section—

31 15Consequential amendments

(1) The 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
20by amending, repealing, revoking or otherwise modifying any provision made
by 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.

32 25Transitional, transitory or saving provision

The 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—

(a) in connection with the coming into force of any provision of this Act, or

(b) 30where Part 4 of Schedule 16 and section 24 so far as relating to that Part
of that Schedule are brought into force in relation to a specified area for
a specified period, in connection with those provisions ceasing to be in
force at the end of that period or at the end of that period as continued
under section 33(6).

33 35Short title, commencement and extent

(1) This Act may be cited as the Crime and Courts Act 2013.

(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 and, in the case of Part 4 of Schedule 16 and section 24 so far as
40relating to that Part of that Schedule, for different areas.

(3) Sections 17 to 23 (except section 21(2)) and Schedules 9 to 13 come into force on
such day as the Lord Chancellor may by order appoint; and different days may
be appointed for different purposes.

Crime and Courts BillPage 33

(4) Section 21(2) comes into force at the end of the period of two months beginning
with the day on which this Act is passed.

(5) An order which brings the monitoring provisions into force only in relation to
a specified area may provide that they are to be in force in relation to that area
5for a specified period; and in this subsection and subsection (6) “the monitoring
provisions” means Part 4 of Schedule 16, and section 24 so far as relating to that
Part of that Schedule.

(6) An order containing the provision permitted by subsection (5) may be
amended by a subsequent order under subsection (2) so as to continue the
10monitoring provisions in force in relation to the area concerned for a further
period.

(7) Sections 30 to 32 and this section come into force on the day on which this Act
is passed.

(8) Subject as follows, this Act extends to England and Wales, Scotland and
15Northern Ireland.

(9) The following extend to England and Wales only—

(a) section 23;

(b) paragraph 28 of Schedule 16 and section 24 so far as relating to that
paragraph, but only so far as relating to disclosure or use of information
20by a person appointed under section 2(1) of the Courts Act 2003 or
provided under a contract made by virtue of section 2(4) of that Act;

(c) the amendments and repeals made by this Act in sections 4(5A) to (6A)
and 6(2) of the Maintenance Orders (Facilities for Enforcement) Act
1920, in sections 8(4) and 33(3) of the Maintenance Orders (Reciprocal
25Enforcement) Act 1972 and in section 14 of the Contempt of Court Act
1981;

(d) paragraphs 1 to 31 and 39 of Schedule 17, and section 25 so far as
relating to those paragraphs.

(10) The amendments made by this Act in the Industrial and Provident Societies
30Act 1965 extend to England and Wales, and Scotland, only.

(11) Except as provided by subsections (9) and (10), 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).

(12) Subsection (11) does not apply to the amendments made by this Act in the
35Government Annuities Act 1929 or the Friendly Societies Act 1974 (which
amendments, accordingly, extend to England and Wales, Scotland and
Northern Ireland only).

(13) Her Majesty may by Order in Council provide for any provision of section 26
or 27 to extend, with or without modifications, to—

(a) 40any of the Channel Islands, or

(b) the Isle of Man.

(14) Her Majesty may by Order in Council provide for provisions of Part 7 of
Schedule 16 (amendments of Armed Forces Act 2006) to extend, with or
without modifications, to—

(a) 45any of the Channel Islands,

(b) the Isle of Man, or

(c) any of the British overseas territories.

Crime and Courts BillPage 34

(15) The power conferred by section 338 of the Criminal Justice Act 2003 (power to
extend to Channel Islands and Isle of Man) is exercisable in relation to any
amendment of that Act that is made by or under this Act.

Crime and Courts BillPage 35

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 of 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).

Crime and Courts BillPage 36

(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.

Crime and Courts BillPage 37

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.

Crime and Courts BillPage 38

(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 or constable
in the Police Service of Northern Ireland Reserve.

25Secondments

13 (1) The 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.

30NCA specials

14 (1) The 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
35determined by the Director General.

(3) Sub-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) 40reimbursing the expenses of NCA specials,

Crime and Courts BillPage 39

(b) providing 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
5injury or death resulting from the performance of duties as NCA
specials.

(5) The Director General—

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

(b) 10may not so designate an NCA special as a person having the powers
of an officer of Revenue and Customs or the powers of an
immigration 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
15privileges in Scotland, Northern Ireland and outside the UK) do not apply
in relation to the NCA special.

(7) The 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
20direction;

(b) provide an NCA special by way of assistance under Part 3 of
Schedule 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
25about the operational powers of the Director General.

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

(10) No determination under regulations under section 14 may be made in
relation to the pay and allowances and other terms and conditions of
30employment of NCA specials.

(11) If a person is both—

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

(b) a special constable or a member of the Police Service of Northern
35Ireland Reserve,

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
which the person has as a special constable or as a member of the Police
Service of Northern Ireland Reserve.

(12) 40A person is not a civil servant by virtue of being an NCA special.

Previous Next

Contents page 1-9 10-19 20-29 30-39 40-49 50-59 60-69 70-84 85-89 90-99 100-109 110-116 120-128 130-139 Last page