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Crime and Courts BillPage 70

Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and
Modifications) Order 2007

18 (1) The Police, Public Order and Criminal Justice (Scotland) Act 2006
(Consequential Provisions and Modifications) Order 2007(the “2007 Order”)
5is amended in accordance with this paragraph.

(2) In article 2 (interpretation), for paragraph (d) substitute—

(d) NCA” means the National Crime Agency;

(e) NCA officer” means a National Crime Agency officer..

(3) In article 4 (agreements to establish complaints procedures), in paragraph
10(7)—

(a) omit sub-paragraph (b)(iv);

(b) omit sub-paragraph (c)(iii);

(c) after sub-paragraph (c) insert—

(d) any statement made by a person who is, or has been,
15an NCA officer about the terms and conditions of
their service;.

(4) The amendments of the 2007 Order made by section 11 and this Schedule
may be amended or revoked as if made in the exercise of the powers under
which the 2007 Order was made.

20Police (Northern Ireland) Act 1998

19 In section 61 of the Police (Northern Ireland) Act 1998 (reports), in
subsection (5)(c), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.

Section 12

SCHEDULE 7 25Information: restrictions on disclosure

Part 1 Statutory restrictions

1 This Part of this Act does not authorise or require—

(a) a disclosure, in contravention of any provisions of the Data
30Protection Act 1998, of personal data which are not exempt from
those provisions, or

(b) a disclosure which is prohibited by Part 1 of the Regulation of
Investigatory Powers Act 2000.

Part 2 35Restrictions on disclosures of particular types of information

HMRC & customs information

2 (1) An NCA officer must not disclose—

(a) HMRC information,

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(b) personal customs information, or

(c) personal customs revenue information,

unless the relevant authority consents to the disclosure.

(2) If an NCA officer has disclosed—

(a) 5HMRC information,

(b) personal customs information, or

(c) personal customs revenue information,

to a person, that person must not further disclose that information unless the
relevant authority consents to the disclosure.

(3) 10In this paragraph—

Social security information

3 (1) An NCA officer must not disclose social security information unless the
relevant authority consents to the disclosure.

(2) 30If an NCA officer has disclosed social security information to a person, that
person must not further disclose that information unless the relevant
authority consents to the disclosure.

(3) In this paragraph—

Intelligence service information

4 (1) An NCA officer must not disclose intelligence service information unless the
relevant authority consents to the disclosure.

(2) 15If an NCA officer has disclosed intelligence service information to a person,
that person must not further disclose that information unless the relevant
authority consents to the disclosure.

(3) In this paragraph—

Arrangements for publishing information

5 The Director General must not disclose information if the disclosure would
be in breach of a requirement that is imposed on the Director General by the
framework document in accordance with section 6(2).

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Part 3 Restrictions on further disclosures of information

Information generally

6 (1) If an NCA officer has disclosed information to a person (the “original
5recipient”), that person must not further disclose the information unless—

(a) the disclosure is—

(i) for a purpose connected with any relevant function of the
original recipient, or

(ii) otherwise for a permitted purpose, and

(b) 10the Director General consents to the disclosure.

(2) This paragraph does not apply to a further disclosure of information if—

(a) paragraph 7 or 8 applies, or

(b) the NCA officer’s disclosure to the original recipient was a
disclosure—

(i) 15to the Lord Advocate for the purposes of the exercise of the
functions of the Lord Advocate under Part 3 of PCA 2002, or

(ii) to the Scottish Ministers for the purposes of the exercise of the
functions of the Scottish Ministers under, or in relation to,
Part 5 of PCA 2002;

20and for provision about the further disclosure of such information,
see section 441 of PCA 2002.

(3) In this paragraph “relevant function” means any function of the original
recipient for the purposes of which the information was disclosed to that
recipient.

25Information obtained under Part 6 of PCA 2002 & disclosed to Commissioners

7 (1) This paragraph applies to information disclosed by an NCA officer under
paragraph 6(2) to the Commissioners.

(2) The information may be further disclosed by the Commissioners only if the
disclosure is—

(a) 30for a purpose connected with any relevant function of the
Commissioners, or

(b) otherwise for a permitted purpose.

(3) The information may be further disclosed by a person other than the
Commissioners only if—

(a) 35the disclosure is—

(i) for a purpose connected with any relevant function of the
Commissioners, or

(ii) otherwise for a permitted purpose, and

(b) the Director General consents to the disclosure.

(4) 40In this paragraph “relevant function” means any function of the
Commissioners for the purposes of which the information was disclosed.

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Information obtained under Part 6 of PCA 2002 & disclosed to Lord Advocate

8 Information disclosed by an NCA officer under paragraph 6(2) to the Lord
Advocate may be further disclosed only if the disclosure is—

(a) by the Lord Advocate to the Scottish Ministers, and

(b) 5for the purpose of the exercise by the Scottish Ministers of their
functions under Part 5 of PCA 2002.

Part 4 Published information: no restrictions on further disclosure

9 (1) This paragraph applies where an NCA officer discloses information, in
10accordance with this Part of this Act, by—

(a) the inclusion of the information in an annual plan, framework
document or annual report, or

(b) the publication of the information in accordance with arrangements
made under section 6.

(2) 15None of the relevant restrictions applies to the further disclosure of that
information by any person.

(3) In this paragraph “relevant restriction” means any provision of this Part of
this Act (however expressed) which prohibits or otherwise restricts the
further disclosure of information disclosed by an NCA officer (including a
20provision which limits the purposes for which such information may be
further disclosed or which requires a person’s consent to be obtained before
the further disclosure).

Part 5 Offences relating to wrongful disclosure of information

10 (1) 25An NCA officer commits an offence if—

(a) the NCA officer discloses information, and

(b) that disclosure breaches the duty under—

(i) paragraph 2(1) (disclosure of HMRC information, personal
customs information or personal revenue customs
30information), or

(ii) paragraph 3(1) (disclosure of social security information).

(2) A person commits an offence if—

(a) the person further discloses information, and

(b) that further disclosure breaches the duty under—

(i) 35paragraph 2(2) (further disclosure of HMRC information,
personal customs information or personal revenue customs
information), or

(ii) paragraph 3(2) (further disclosure of social security
information).

(3) 40It is a defence for a person charged with an offence under this paragraph to
prove that the person reasonably believed—

(a) that the disclosure was lawful, or

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(b) that the information disclosed had already and lawfully been made
available to the public.

(4) A prosecution for an offence under this paragraph—

(a) may be brought in England and Wales only with the consent of the
5Director of Public Prosecutions;

(b) may be brought in Northern Ireland only with the consent of the
Director of Public Prosecutions for Northern Ireland.

(5) This paragraph is without prejudice to the pursuit of any remedy or the
taking of any action in relation to a breach of a relevant duty.

(6) 10A person guilty of an offence under this paragraph is liable on conviction on
indictment to either or both of the following—

(a) imprisonment for a term not exceeding 2 years;

(b) a fine.

(7) A person guilty of an offence under this paragraph is liable on summary
15conviction to either or both of the following—

(a) imprisonment for a term not exceeding—

(i) 12 months on conviction in England and Wales;

(ii) 12 months on conviction in Scotland;

(iii) 6 months on conviction in Northern Ireland;

(b) 20a fine not exceeding the statutory maximum.

(8) In relation to an offence committed before the commencement of section 282
of the Criminal Justice Act 2003 (increase in maximum sentence on summary
conviction of offence triable either way), the reference in sub-paragraph
(7)(a)(i) to the period of 12 months is to be read as a reference to the period
25of 6 months.

Part 6 General

Consents

11 A consent to disclosure of information under any provision of this Schedule
30may be given in relation to—

(a) a particular disclosure, or

(b) disclosures made in circumstances specified or described in the
consent.

Interpretation

12 35In this Schedule—

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Section 15

SCHEDULE 8 Abolition of SOCA and NPIA

Part 1 Transitional, transitory and saving provision

5Transfer schemes

1 (1) The Secretary of State may make—

(a) one or more staff transfer schemes, and

(b) one or more property transfer schemes.

(2) The Secretary of State may include—

(a) 10provision under paragraph 2(1)(a)(v) in a staff transfer scheme, or

(b) provision under paragraph 3(1)(d) in a property transfer scheme,

only if the Secretary of State considers that the provision is appropriate in
connection with an order under section 2 (modification of NCA functions).

(3) The Secretary of State must lay before Parliament each staff transfer scheme
15and each property transfer scheme that is made.

2 (1) A staff transfer scheme is a scheme which provides—

(a) for—

(i) a designated member of the staff of SOCA,

(ii) a designated member of the staff of the NPIA,

(iii) 20a designated constable in an England and Wales police force,

(iv) a designated member of the civilian staff of an England and
Wales police force, or

(v) a designated member of the personnel or staff of any other
person,

25(a “designated transferee”) to become an NCA officer and,
accordingly, to become employed in the civil service of the state;

(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

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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).

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5 In paragraphs 2 to 4

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.

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(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 32 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—

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—

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 2013”.

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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”.

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Police (Scotland) Act 1967 (c. 77)Police (Scotland) Act 1967 (c. 77)

17 In the Police (Scotland) Act 1967, in section 38A (constables engaged on
service outside their force), in subsection (1)—

(a) in paragraph (bc), for “member of the staff of the Serious Organised
5Crime Agency” substitute “National Crime Agency officer”;

(b) omit paragraph (bh).

Firearms Act 1968 (c. 27)Firearms Act 1968 (c. 27)

18 In the Firearms Act 1968, in section 54 (application of Parts 1 and 2 to Crown
Servants), in subsection (3), omit paragraph (c) (and the word “or” at the end
10of paragraph (b)).

Superannuation Act 1972 (c. 11)Superannuation Act 1972 (c. 11)

19 In the Superannuation Act 1972, in Schedule 1 (kinds of employment etc
referred to in section 1)—

(a) omit the entry for employment by the Serious Organised Crime
15Agency;

(b) omit the entry for employment as a member of the staff of the
National Policing Improvement Agency.

Health and Safety at Work etc. Act 1974 (c. 37)Health and Safety at Work etc. Act 1974 (c. 37)

20 (1) Section 51A of the Health and Safety at Work etc. Act 1974 (application of
20Part 1 to police) is amended in accordance with this paragraph.

(2) In subsection (2)(b), for “Serious Organised Crime Agency to serve as a
member of its staff” substitute “National Crime Agency to serve as a
National Crime Agency officer”.

(3) In subsection (2E), for paragraph (f) substitute—

(f) 25paragraph 2 of Schedule 4 to the Crime and Courts Act
2013;.

House of Commons Disqualification Act 1975 (c. 24)House of Commons Disqualification Act 1975 (c. 24)

21 In the House of Commons Disqualification Act 1975, in Schedule 1 (offices
disqualifying for membership)—

(a) 30in Part 2 (bodies of which all members are disqualified), omit—

(i) the entry for the National Policing Improvement Agency;

(ii) the entry for the Serious Organised Crime Agency;

(b) in Part 3 (other disqualifying offices), omit the entry for members of
the staff of the Serious Organised Crime Agency.

35Northern Ireland Assembly Disqualification Act 1975 (c. 25)Northern Ireland Assembly Disqualification Act 1975 (c. 25)

22 In the Northern Ireland Assembly Disqualification Act 1975, in Schedule 1
(offices disqualifying for membership)—

(a) in Part 2 (bodies of which all members are disqualified), omit—

(i) the entry for the National Policing Improvement Agency;

(ii) 40the entry for the Serious Organised Crime Agency;

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(b) in Part 3 (other disqualifying offices), omit the entry for members of
the staff of the Serious Organised Crime Agency.

Police Pensions Act 1976 (c. 35)Police Pensions Act 1976 (c. 35)

23 The Police Pensions Act 1976 is amended as follows.

24 5In section 7 (payment of pensions and contributions), in subsection (2)—

(a) omit—

(i) paragraphs (ca) to (cd);

(ii) paragraph (cf);

(b) after paragraph (d) insert—

(da) 10a National Crime Agency officer whose service as
such is eligible service;

25 (1) Section 11 (interpretation) is amended in accordance with this paragraph.

(2) In subsection (1)—

(a) omit—

(i) 15paragraphs (ba) to (bd);

(ii) paragraph (bf);

(b) after paragraph (c) insert—

(ca) eligible service as a National Crime Agency officer.

(3) In subsection (2A)—

(a) 20in paragraph (c)—

(i) for “paragraph (ba), (bb), (bc) or (bd)” substitute “paragraph
(ca)”;

(ii) for “SOCA” substitute “the National Crime Agency”;

(b) omit paragraph (f).

(4) 25In subsection (5), omit the definition of “SOCA”.

(5) After subsection (8) insert—

(9) A person’s service as a National Crime Agency officer is “eligible
service” for the purposes of this Act in any of the following cases.

(10) The first case is where—

(a) 30the person’s service as a National Crime Agency officer is—

(i) service as the Director General, or

(ii) service that is designated for this purpose by the
Director General, and

(b) the person is (immediately before beginning that service) a
35member, or eligible to be a member, of a police pension
scheme.

(11) The second case is where—

(a) immediately before beginning the service as a National
Crime Agency officer, the person—

(i) 40is serving as a member of the staff of the Serious
Organised Crime Agency, and

(ii) by virtue of that service is, or is eligible to be, a
member of a police pension scheme, and

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(b) the person becomes a National Crime Agency officer by
virtue of a scheme under paragraph 2 of this Schedule.

(12) The third case is where—

(a) immediately before beginning the service as a National
5Crime Agency officer, the person—

(i) is serving as a member of a police force, and

(ii) by virtue of that service is, or is eligible to be, a
member of a police pension scheme, and

(b) the person becomes a National Crime Agency officer by
10virtue of a scheme under paragraph 2 of this Schedule.

(13) In subsections (10) to (12) “police pension scheme” means a pension
scheme provided for under—

(a) section 1 above, or

(b) section 25(2)(k) of the Police (Northern Ireland) Act 1998..

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