Crime and Courts Bill (HL Bill 49)

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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,

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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.

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(4) The Department of Justice in Northern Ireland must lay a copy of the annual
report 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
5statutory document under an enactment.

Section 5

SCHEDULE 3 Relationships between NCA and other agencies

Part 1 Co-operation

10Duty to co-operate

1 (1) It is the duty of NCA officers to co-operate with the persons listed in sub-
paragraph (3) for the purpose of assisting those persons in their activities to
combat crime.

(2) It is the duty of—

(a) 15the persons listed in sub-paragraph (3),

(b) members of Her Majesty’s armed forces, and

(c) members of Her Majesty’s coastguard,

to co-operate with NCA officers for the purpose of assisting NCA officers in
the discharge of any NCA function.

(3) 20The persons mentioned in sub-paragraphs (1) and (2)(a) are—

(a) constables in UK police forces;

(b) officers of Revenue and Customs;

(c) immigration officers;

(d) designated customs officials (within the meaning of Part 1 of the
25Borders, Citizenship and Immigration Act 2009);

(e) members of the Serious Fraud Office;

(f) any other persons operating in England, Scotland, Northern Ireland
or Wales charged with the duty of investigating organised crime or
serious crime.

30Co-operation arrangements

2 For the purposes of the discharge of any function of the NCA, the NCA may
enter into arrangements for co-operating with other persons (in the United
Kingdom or elsewhere).

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Part 2 Exchange of information

Duty to keep NCA informed & disclose information: police forces

3 (1) The chief officers of each UK police force must keep the Director General
5informed of any information held by that police force which appears to the
chief officer to be relevant to the exercise by the NCA of any NCA function.

(2) Where the chief officer of such a police force informs the Director General of
such information, the chief officer must disclose to the NCA any of that
information which the Director General requests the chief officer to disclose.

(3) 10This paragraph does not require the chief officer of a police force to keep the
Director General informed of information which appears to the chief officer
to be information obtained (whether directly or indirectly) from the NCA.

Duty to keep police forces informed

4 (1) The Director General must keep the chief officers of each UK police force
15informed of any information obtained by the NCA in the exercise of any
NCA function which appears to the Director General to be relevant to the
exercise by that chief officer or any other member of that police force of any
functions.

(2) This paragraph does not require the Director General to keep the chief
20officer of a police force informed of information which appears to the
Director General to be information obtained (whether directly or indirectly)
from that chief officer or any other member of that police force.

Part 3 Assistance within the UK

25Voluntary assistance by NCA: the UK, the Channel Islands & the Isle of Man

5 (1) The Director General may provide assistance to—

(a) a UK police force, or

(b) an Island police force;

if the chief officer of the police force requests assistance to be provided.

(2) 30The Director General may provide assistance to—

(a) a UK law enforcement agency, or

(b) an Island law enforcement agency,

if the agency requests assistance to be provided.

(3) A request may be made under this paragraph only if the chief officer, or
35agency, considers that the police force, or agency, has a special need for the
Director General to provide assistance.

(4) A request under this paragraph must—

(a) state the special need for assistance, and

(b) specify the assistance that is wanted.

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(5) If a request is made under this paragraph, the Director General may provide
such assistance as the Director General considers appropriate in all the
circumstances.

Voluntary assistance to NCA: the UK

6 (1) 5The chief officer of a UK police force may provide assistance to the NCA if
the Director General requests assistance to be provided.

(2) A UK law enforcement agency may provide assistance to the NCA if the
Director General requests assistance to be provided.

(3) A request may be made under this paragraph only if the Director General
10considers that the NCA has a special need for the chief officer, or agency, to
provide assistance.

(4) A request under this paragraph must—

(a) state the special need for assistance, and

(b) specify the assistance that is wanted.

(5) 15If a request is made under this paragraph, a chief officer, or law enforcement
agency, may provide such assistance as the chief officer, or agency,
considers appropriate in all the circumstances.

Directed assistance by NCA: England and Wales police etc

7 (1) The Secretary of State may direct the Director General to provide specified
20assistance to—

(a) an England and Wales police force,

(b) a special police force,

(c) the Commissioners for Her Majesty’s Revenue and Customs;

(d) the Director of the Serious Fraud Office;

(e) 25the Director of Border Revenue;

(f) any other person operating—

(i) in England, or

(ii) in England and in Scotland, Northern Ireland or Wales (or
two or more of those parts of the United Kingdom),

30charged with the duty of investigating or prosecuting offences (apart
from a UK police force).

(2) A direction may be given under this paragraph only if it appears to the
Secretary of State that it is appropriate for the police force or other persons
or person to receive directed assistance from the Director General.

35Directed assistance to NCA: England and Wales police etc

8 (1) The Director General may direct any of the following to provide specified
assistance to the NCA

(a) the chief officer of an England and Wales police force;

(b) the Chief Constable of the British Transport Police;

(c) 40the Commissioners for Her Majesty’s Revenue and Customs;

(d) the Director of the Serious Fraud Office;

(e) the Director of Border Revenue.

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(2) A direction may be given under this paragraph only if—

(a) it appears to the Director General that it is appropriate for the NCA
to receive directed assistance from the chief officer of the police force
or from the other persons or person; and

(b) 5the appropriate consent is given to the direction.

(3) For that purpose “appropriate consent” means—

(a) the consent of the Secretary of State (in the case of a direction to the
chief officer of a police force);

(b) the consent of the Secretary of State and the consent of the Treasury
10(in the case of a direction to the Commissioners or the Director of
Border Revenue);

(c) the consent of the Secretary of State and the consent of the Attorney
General (in the case of a direction to the Director of the Serious Fraud
Office).

15Directed assistance by NCA: Scotland

9 (1) The Scottish Ministers may direct the Director General to provide specified
assistance to the Police Service of Scotland.

(2) A direction may be given under this paragraph only if—

(a) it appears to the Scottish Ministers that it is appropriate for the Police
20Service to receive directed assistance from the Director General; and

(b) the Secretary of State consents to the direction.

Directed assistance to NCA: Scotland

10 The Scottish Ministers may direct the chief constable of the Police Service of
Scotland to provide specified assistance to the NCA if it appears to the
25Scottish Ministers that it is appropriate for the NCA to receive directed
assistance from the chief constable.

Directed assistance by NCA: Northern Ireland

11 (1) The Department of Justice in Northern Ireland may direct the Director
General to provide specified assistance to the Police Service of Northern
30Ireland.

(2) A direction may be given under this paragraph only if—

(a) it appears to the Department of Justice that it is appropriate for the
Police Service to receive directed assistance from the Director
General; and

(b) 35the Secretary of State consents to the direction.

Directed assistance to NCA: Northern Ireland

12 (1) The Department of Justice in Northern Ireland may direct the Chief
Constable of the Police Service of Northern Ireland to provide specified
assistance to the NCA if it appears to the Department that it is appropriate
40for the NCA to receive directed assistance from the Chief Constable.

(2) Before giving such a direction, the Department of Justice must consult—

(a) the Northern Ireland Policing Board, and

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(b) any other persons the Department considers it appropriate to
consult.

When is it appropriate for a person to receive directed assistance?

13 For the purposes of this Part of this Schedule, it is appropriate for a person
5(“R”) to receive directed assistance from another person (“P”) if—

(a) R has a special need for assistance from P,

(b) it is expedient for P to provide the assistance, and

(c) satisfactory arrangements for P to provide assistance to R cannot be
made, or cannot be made in time, under paragraph 5 or 6.

10Voluntary or directed assistance: particular assistance that may be provided

14 (1) A person may provide any of the following in response to a request for
assistance, and a direction may require the provision of any of the
following—

(a) equipment;

(b) 15NCA officers (if assistance is to be provided by the Director General);

(c) constables (if assistance is to be provided by the chief officer of a
police force);

(d) members of staff of a UK law enforcement agency (if assistance is to
be provided by such an agency).

(2) 20That does not limit the kinds of assistance that may be provided or required.

(3) In this paragraph—

  • “direction” means a direction under any provision of this Part of this
    Schedule;

  • “request for assistance” means such a request under any provision of
    25this Part of this Schedule.

Voluntary or directed assistance: control of individuals provided for assistance

15 (1) An individual who is provided under this Part of this Schedule—

(a) to assist the NCA is, whilst so provided, under the direction and
control of the Director General;

(b) 30to assist a UK police force is, whilst so provided, under the direction
and control of the chief officer of the police force;

(c) to assist a UK law enforcement agency is, whilst so provided, under
the direction and control of the agency.

(2) That rule applies despite anything contained in—

(a) 35any other enactment, or

(b) any agreement made under any other enactment.

(3) In this paragraph “individual” includes—

(a) an NCA officer;

(b) a constable;

(c) 40a member of the staff of a law enforcement agency.

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Part 4 Use of police facilities etc by NCA

Voluntary arrangements: police forces outside London

16 (1) The Director General and a relevant body (or both those bodies) may make
5arrangements for the NCA to use facilities made available by the police force
maintained for a police area listed in Schedule 1 to the Police Act 1996 (police
areas in England and Wales outside London).

(2) In this paragraph “relevant body”, in relation to the police force maintained
for a police area, means—

(a) 10the police and crime commissioner for that police area, or

(b) the chief constable of that police force.

Voluntary arrangements: the metropolitan police force

17 (1) The Director General and a relevant metropolitan body (or both those
bodies) may make arrangements for the NCA to use facilities made available
15by the metropolitan police force.

(2) In this paragraph “relevant metropolitan body” means—

(a) the Mayor’s Office for Policing and Crime, or

(b) the Commissioner of Police of the Metropolis.

Voluntary arrangements: the City of London police force

18 20The Director General and the Common Council of the City of London (in its
capacity as police authority for the City of London police area) may make
arrangements for the NCA to use facilities made available by the City of
London police force.

Voluntary arrangements: immigration or customs facilities

19 (1) 25The Director General and the Secretary of State may make arrangements for
the NCA to use immigration facilities made available by the Secretary of
State.

(2) The Director General and a relevant person (or both those persons) may
make arrangements for the NCA to use customs premises made available by
30the relevant person (or both those persons).

(3) In this paragraph—

  • “customs premises” means premises wholly or partly occupied by
    persons designated under section 3 (general customs officials) or
    section 11 (customs revenue officials) of the Borders, Citizenship and
    35Immigration Act  2009;

  • “immigration facilities” means facilities provided in connection with
    the exercise of—

    (a)

    functions of the Secretary of State relating to immigration,
    asylum or nationality, or

    (b)

    40functions of an immigration officer;

  • “relevant person” means—

    (a)

    the Secretary of State, or

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    (b)

    the Director of Border Revenue.

Directed arrangements: England and Wales police forces

20 (1) If it appears to the Secretary of State that—

(a) it is expedient for relevant parties to make arrangements under
5paragraph 16, 17, or 18, and

(b) satisfactory arrangements cannot be made, or cannot be made in
time, under that paragraph,

the Secretary of State may direct those relevant parties to make specified
arrangements under that paragraph.

(2) 10In this paragraph “relevant parties”, in relation to arrangements under
paragraph 16, 17, or 18, means—

(a) the Director General, and

(b) any other person or persons who may make arrangements under
that paragraph.

15Voluntary arrangements: Police Service of Northern Ireland

21 The Director General may make arrangements with the Northern Ireland
Policing Board for the NCA to use facilities made available by the Police
Service of Northern Ireland.

Directed arrangements: Police Service of Northern Ireland

22 20If it appears to the Department of Justice in Northern Ireland—

(a) that it is expedient for the Director General and the Northern Ireland
Policing Board to make arrangements under paragraph 21, and

(b) that satisfactory arrangements cannot be made, or cannot be made in
time, under paragraph 21,

25the Department of Justice may, with the consent of the Secretary of State,
direct the Director General and the Policing Board to make specified
arrangements under paragraph 21.

Arrangements: terms, variation and termination

23 (1) Facility-sharing arrangements must specify or describe the facilities which
30are to be made available for use by the NCA under the arrangements.

(2) Facility-sharing arrangements may be varied or terminated by the parties.

(3) But the arrangements may not be terminated without the consent of—

(a) the Secretary of State (if the arrangements have been made in
compliance with a direction by the Secretary of State), or

(b) 35the Department of Justice in Northern Ireland (if the arrangements
have been made in compliance with a direction by that Department).

(4) In this paragraph “facility-sharing arrangements” means arrangements
under any other provision of this Part of this Schedule.

Consultation before direction

24 40Before a person (“D”) gives a direction under this Part of this Schedule to
another person (“P”), D must—

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(a) notify P of the proposal to give the direction, and

(b) consider any representations made by P.

Facilities

25 In this Part of this Schedule “facilities” means—

(a) 5premises,

(b) equipment, and

(c) other material, facilities and services.

Part 5 Payment for tasks, assistance or facilities

10Payments by Director General

26 (1) The Director General must pay the appropriate amount to the fundholding
body for a UK police force if—

(a) the chief officer of that police force performs a task—

(i) in response to a request under section 5, or

(ii) 15in accordance with a direction under that section;

(b) the chief officer of that police force provides the NCA with
assistance—

(i) in response to a request under Part 3 of this Schedule, or

(ii) in accordance with a direction under Part 3 of this Schedule;
20or

(c) facility-sharing arrangements are made under Part 4 of this Schedule
(whether voluntarily or in accordance with a direction) for the NCA
to use facilities made available by that police force.

(2) The Director General must pay the appropriate amount to a UK law
25enforcement agency if—

(a) that agency performs a task in response to a request under section 5;

(b) that agency provides the NCA with assistance—

(i) in response to a request under Part 3 of this Schedule, or

(ii) in accordance with a direction under Part 3 of this Schedule;
30or

(c) facility-sharing arrangements are made under Part 4 of this Schedule
(whether voluntarily or in accordance with a direction) for the NCA
to use facilities made available by that agency.

Payments by police

27 35The fundholding body for a UK police force must pay the appropriate
amount to the Director General if—

(a) the Director General performs a task in response to a request by the
chief officer of that police force under section 5; or

(b) the Director General provides that police force with assistance—

(i) 40in response to a request under Part 3 of this Schedule, or

(ii) in accordance with a direction under Part 3 of this Schedule.