Crime and Courts Bill (HL Bill 49)

Direction and control of NCA officers exercising powers in Scotland

14 When exercising the function of direction and control of the NCA in relation
to the exercise by NCA officers of the powers and privileges of Scottish
constables, the Director General must comply with any instruction given by
5the Lord Advocate or procurator fiscal in relation to the investigation of
offences.

Employment law

15 (1) An NCA officer who is designated as having the powers and privileges of a
constable is not to be regarded, by virtue of having those powers and
10privileges, as in police service for the purposes of any provision of the
relevant employment legislation.

(2) In this paragraph “relevant employment legislation” means—

(a) the Trade Union and Labour Relations (Consolidation) Act 1992;

(b) the Employment Rights Act 1996;

(c) 15the Trade Union and Labour Relations (Northern Ireland) Order
1995;

(d) the Employment Rights (Northern Ireland) Order 1996.

Part 5 Designations: powers of officers of Revenue and Customs

20NCA officers

16 (1) If an NCA officer is designated as a person having the powers of an officer
of Revenue and Customs, the NCA officer has, in relation to any customs
matter, the same powers as an officer of Revenue and Customs would have.

(2) But that is subject to any limitations included in the designation.

25Powers only exercisable in relation to customs matters

17 If a power of an officer of Revenue and Customs is exercisable both—

(a) in relation to a customs matter, and

(b) in relation to any other matter,

the power is exercisable by a designated officer only in relation to the
30customs matter.

Powers exercisable under warrant

18 (1) This paragraph applies to an enactment if it provides for the issuing of
warrants which authorise an officer of Revenue and Customs to exercise any
power in relation to a customs matter.

(2) 35For the purpose of enabling a designated officer to exercise that power in
relation to a customs matter, the enactment has effect as if the designated
officer were an officer of Revenue and Customs.

Part 6 Designations: powers of immigration officers

NCA officers

19 (1) If an NCA officer is designated as a person having the powers of an
5immigration officer, the NCA officer has, in relation to any relevant matter,
the same powers as an immigration officer would have.

(2) But that is subject to any limitation included in the designation.

(3) In this paragraph “relevant matter”, in relation to a particular power of an
immigration officer, means a matter in relation to which that power may be
10exercised.

Powers exercisable under warrant

20 (1) This paragraph applies to an enactment if it provides for the issuing of
warrants which authorise an immigration officer to exercise any power of an
immigration officer.

(2) 15For the purpose of enabling a designated officer to exercise that power or
privilege, the enactment has effect as if the designated officer were an
immigration officer.

Part 7 Offences relating to designations

20Resistance or wilful obstruction of designated officers etc

21 (1) A person commits an offence if the person resists or wilfully obstructs—

(a) a designated officer acting in the exercise of an operational power, or

(b) a person who is assisting a designated officer in the exercise of such
a power.

(2) 25A 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) 12 months on conviction in Scotland;

(iii) 301 month on conviction in Northern Ireland;

(b) a fine not exceeding level 3 on the standard scale.

Assault on designated officers etc

22 (1) A person commits an offence if the person assaults—

(a) a designated officer acting in the exercise of an operational power, or

(b) 35a person who is assisting a designated officer in the exercise of such
a power.

(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) 12 months on conviction in Scotland;

(iii) 6 months on conviction in Northern Ireland;

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

5Impersonation of designated officer etc

23 (1) A person commits an offence if, with intent to deceive—

(a) the person impersonates a designated officer,

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

(c) 10the person makes any statement or does any act calculated falsely to
suggest that the person has powers as a designated officer that
exceed 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) 15imprisonment for a term not exceeding—

(i) 51 weeks 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 level 5 on the standard scale.

20Transitional provision relating to offences

24 In relation to an offence committed before the commencement of section
281(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
25be 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
of 51 weeks is to be read as references to the period of 6 months.

Part 8 General

30Payment of revenue to the Commissioners

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

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

(b) 35by the Director General or any other NCA officer in the exercise of
any power of an officer of Revenue and Customs.

(2) In 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
40Management Act 1979), and

(b) a sum paid, or the proceeds of sale, under paragraph 16 of Schedule
3 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
5that 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
10any 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
enactment 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
15exercisable;

(d) a power of an immigration officer is exercisable by any NCA officer,
a reference to an immigration officer in any enactment 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.

20Power 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) the Director General having the powers of the Commissioners under
section 9(1), or

(b) 25designated officers having operational powers.

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

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

(b) 30provide 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) provide for a class of NCA officers (whether identified by reference
to a grade or pay scale or otherwise) to be treated as the equivalent
35of—

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

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

(iii) one or more grades of, or pay scales applicable to,
40immigration officers.

(3) In this paragraph—

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

• “enactment” includes a description of enactments.

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

28 (1) 45The 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) the Director General, or

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

(2) In this paragraph “relevant function” means a function exercisable by any
5person in relation to—

(a) a constable,

(b) a UK police force,

(c) an officer of Revenue and Customs,

(d) the Commissioners, or

(e) 10an immigration officer.

General provision about orders

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

(a) amending, repealing, revoking or otherwise modifying any
15provision made by or under an enactment, or

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

(2) The Secretary of State must consult—

(a) the Commissioners before exercising the power conferred by
paragraph 27 or 28 in relation to an enactment which (expressly or
20otherwise) confers any function on the Commissioners or an officer
of Revenue and Customs;

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

(c) 25the 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.

Interpretation

30 In this Schedule—

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

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

• “designation” means—

  (a)

  35a 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
  accordingly;

• “limitation” means a limitation included in a designation under
  40paragraph 6;

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

• 45“powers and privileges of a constable that are exercisable overseas”
  means the powers and privileges of a constable if, and to the extent

  Crime and Courts BillPage 65

  that, they are exercisable outside the United Kingdom and the
  United 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
  5are exercisable in England and Wales or the adjacent United
  Kingdom waters;

• “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
  10waters;

• “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
  15under 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)

  20the 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
  25Act 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 30Inspections and complaints

Part 1 Inspections

Inspections in Scotland

1 (1) Before making a request for an inspection that would fall to be carried out
35wholly 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
40it 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
wholly or partly in Northern Ireland, the Secretary of State must consult the
Department of Justice in Northern Ireland.

5Publication 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) 10would be against the interests of national security,

(b) could prejudice the prevention or detection of crime, the
apprehension 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) 15to the NCA; 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
Ireland, to the Department of Justice in Northern Ireland.

20NCA response

4 (1) The Director General must—

(a) prepare 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
25Director General considers appropriate.

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

(a) to the Secretary of State; and

(b) if the inspection was carried out wholly or partly in Scotland, to the
30Scottish Ministers; and

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

Disclosure of information

5 (1) The Director General must—

(a) 35provide to a policing inspectorate such information and documents
specified or described in a notification given by the inspectorate to
the Director General, and

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

40as appear to the inspectorate to be required for the purposes of the exercise
of an NCA inspection function.

(2) Anything 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) in any subsequent notification given by the inspectorate to the chief
5officer.

(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
10practicable 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
inspection function.

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

(a) 15further provision about the disclosure of information under sub-
paragraph (1) or (4);

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

(6) Such regulations may, in particular—

(a) 20modify any provision of Schedule 7 in its application to such a
disclosure, or

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

Access to premises

6 (1) The Director General must secure that a policing inspectorate is given access
25to 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) the requirement is imposed for the purposes of the exercise of an
NCA inspection function.

(2) 30Where 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
secure 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
35grounds.

Interpretation

7 In this Part of this Schedule—

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

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

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

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

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

• 45“policing inspectorate” means—

  Crime and Courts BillPage 68

  (a)

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

  (b)

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

• 5“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

10Police Reform Act 2002

8 The Police Reform Act 2002 is amended as follows.

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

(2) In subsection (1)—

(a) 15in paragraph (g), for “Serious Organised Crime Agency” substitute
“National Crime Agency”;

(b) omit paragraph (h).

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

“(bc) any regulations under section 26C of this Act (the National
20Crime Agency);”.

(4) Omit subsection (9).

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

(2) In subsection (6)—

(a) 25omit paragraphs (b) and (e);

(b) after paragraph (e) insert—

“(f) to the National Crime Agency.”.

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

(4) 30Omit subsection (9A).

(5) In subsection (10)—

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

(b) in paragraph (g), omit “and”;

(c) after paragraph (h) insert “; and

(i) 35the National Crime Agency.”.

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

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

(3) Omit subsection (1B).

(4) 40In subsection (3)(c)—

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

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

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

(6) In subsection (6)—

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

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

(7) In 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
15Agency” substitute “National Crime Agency officer”.

(9) Omit subsection (8A).

(10) In subsection (9)—

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

(b) 20in paragraph (b), for “member of the staff of the Agency” substitute
“National Crime Agency officer”.

(11) In 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
25accordance with this paragraph.

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

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

13 30Omit section 16A (investigations: NPIA involvement).

14 In section 17, omit subsection (6).

15 Omit 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)
35and (c) substitute—

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

17 (1) Schedule 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) 40a National Crime Agency officer,”.

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

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