Crime and Courts Bill (HL Bill 70)

(i) paragraph (cf);

(ii) paragraph (cg);

(b) after paragraph (ci) insert—

“(cj) temporary service as a National Crime Agency officer
5on which a person is engaged with the consent of the
appropriate authority;”.

(3) In subsection (6)(a)—

(a) omit “(cf), (cg)”;

(b) after “(ci)” insert “, (cj)”.

(4) 10In subsection (8), omit “(cf), (cg)”.

(5) After subsection (8) insert—

“(8A) A person who is member of a police force engaged on relevant
service within paragraph (cj) of subsection (1) shall be treated for the
purposes of sections 59, 60 and 64 as if the person were a member of
15that police force.”

Employment Rights Act 1996 (c. 18)Employment Rights Act 1996 (c. 18)

49 The Employment Rights Act 1996 is amended as follows.

50 In section 43KA (application of this Part and related provisions to police), in
subsection (2)(b), for “Serious Organised Crime Agency to serve as a
20member of its staff” substitute “National Crime Agency to serve as a
National Crime Agency officer”.

51 In section 134A (application to police), in subsection (3), for “Serious
Organised Crime Agency” substitute “National Crime Agency”.”

Police Act 1997 (c. 50)Police Act 1997 (c. 50)

52 25The Police Act 1997 is amended as follows.

53 (1) Section 93 (authorisations to interfere with property etc) is amended in
accordance with this paragraph.

(2) In subsections (1B) and (3)(b), for “member of the staff of the Serious
Organised Crime Agency” substitute “National Crime Agency officer”.

(3) 30In subsection (5), for paragraph (f) substitute—

“(f) the Director General of the National Crime Agency, or any
other National Crime Agency officer who is designated for
the purposes of this paragraph by that Director General;”.

54 In section 94 (authorisations given in absence of authorising officer), in
35subsection (2)(e), for “Director General of the Serious Organised Crime
Agency” substitute “Director General of the National Crime Agency”.

55 In section 97 (authorisations requiring approval), in subsection (6B)(b), for
“member of the staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.

56 40In section 107 (supplementary provisions relating to Commissioners), in
subsection (4)(b), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.

57 In section 113B (enhanced criminal record certificates)—

(a) in subsection (10), omit paragraphs (f) and (g);

(b) in subsection (11)(b), for “Serious Organised Crime Agency”
substitute “National Crime Agency”.

5Police (Northern Ireland) Act 1998 (c. 32)Police (Northern Ireland) Act 1998 (c. 32)

58 The Police (Northern Ireland) Act 1998 is amended as follows.

59 In section 27 (members of the Police Service of Northern Ireland engaged on
other police service), in subsection (1)—

(a) in paragraph (cb), for “member of the staff of the Serious Organised
10Crime Agency” substitute “National Crime Agency officer”;

(b) omit paragraph (cc).

Northern Ireland Act 1998 (c. 47)Northern Ireland Act 1998 (c. 47)

60 In the Northern Ireland Act 1998, in Schedule 3 (reserved matters), in
paragraph 9(1), for sub-paragraph (g) substitute—

“(g) 15the National Crime Agency;”.

Immigration and Asylum Act 1999 (c. 33)1999 (c. 33)

61 The Immigration and Asylum Act 1999 is amended as follows.

62 In section 20 (supply of information to Secretary of State), in subsection
(1)(b), for “Serious Organised Crime Agency” substitute “National Crime
20Agency”.

63 (1) Section 21 (supply of information by Secretary of State) is amended in
accordance with this paragraph.

(2) In subsection (2), for paragraph (b) substitute—

“(b) the National Crime Agency, for use in connection with the
25discharge of any function of that Agency;”.

(3) Omit subsection (4).

Terrorism Act 2000 (c. 11)Terrorism Act 2000 (c. 11)

64 The Terrorism Act 2000 is amended as follows.

65 In section 19 (disclosure of information: duty), in subsection (7B), for
30“member of the staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.

66 In section 20 (disclosure of information: permission), in subsection (5), for
“member of the staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.

67 35In section 21ZA (arrangements with prior consent), in subsection (5), for
“member of the staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.

68 In section 21ZB (disclosure after entering into arrangements), in subsection
(4), for “member of the staff of the Serious Organised Crime Agency”
40substitute “National Crime Agency officer”.

69 In section 21A (failure to disclosure: regulated sector), in subsection (14), for
“member of the staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.

70 In section 21B (protected disclosures), in subsection (7), for “member of the
5staff of the Serious Organised Crime Agency” substitute “National Crime
Agency officer”.

71 (1) Section 21C (disclosures to SOCA) is amended in accordance with this
paragraph.

(2) In the title for “SOCA” substitute “the National Crime Agency”.

(3) 10In subsections (1) and (2), for “member of staff of the Serious Organised
Crime Agency” substitute “National Crime Agency officer”.

72 In section 21D (tipping off: regulated sector), in subsection (2)(d), for
“member of staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.

73 15In Schedule 14 (exercise of officers’ powers), in paragraph 4 (information),
for sub-paragraph (1)(d) substitute—

“(d) to the National Crime Agency;”.

Regulation of Investigatory Powers Act 2000 (c. 23)Regulation of Investigatory Powers Act 2000 (c. 23)

74 The Regulation of Investigatory Powers Act 2000 is amended as follows.

75 20In section 6 (application for issue of an interception warrant), in subsection
(2), for paragraph (d) substitute—

“(d) the Director General of the National Crime Agency;”.

76 In section 17 (exclusion of matters from legal proceedings), in subsection (3),
omit paragraph (c).

77 25In section 19 (offence for unauthorised disclosures), in subsection (2), omit
paragraph (c).

78 (1) Section 25 (interpretation of Chapter 2) is amended in accordance with this
paragraph.

(2) In subsection (1), in the definition of “relevant public authority”, for
30paragraph (b) substitute—

• “(b)

  the National Crime Agency;”.

(3) In subsection (3A), for the words from “Serious” to the end substitute
“National Crime Agency include references to any National Crime Agency
officer.”.

79 35In section 32 (authorisation of intrusive surveillance), in subsection (6), for
paragraph (k) substitute—

“(k) the Director General of the National Crime Agency and any
National Crime Agency officer who is designated for the
purposes of this paragraph by that Director General;”.

80 (1) 40Section 33 (rules of grant of authorisations) is amended in accordance with
this paragraph.

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

(3) In subsection (3A)—

(a) for “The Director General of the Serious Organised Crime Agency”
5substitute “The Director General of the National Crime Agency”;

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

(4) In subsection (5)(a), for “member of the staff of the Serious Organised Crime
Agency” substitute “National Crime Agency officer”.

81 (1) 10Section 34 (grant of authorisation in the senior officer’s absence) is amended
in accordance with this paragraph.

(2) In subsection (1)(a), for “member of the staff of the Serious Organised Crime
Agency” substitute “National Crime Agency officer”.

(3) In subsection (4)(j), for “Director General of the Serious Organised Crime
15Agency” substitute “Director General of the National Crime Agency”.

82 (1) Section 35 (notifications of authorisations for intrusive surveillance) is
amended in accordance with this paragraph.

(2) In subsection (1), for “SOCA” substitute “the National Crime Agency”.

(3) In subsection (10)—

(a) 20for “SOCA” substitute “the National Crime Agency”;

(b) in paragraph (a), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.

83 (1) Section 36 (approval required for authorisations to take effect) is amended
in accordance with this paragraph.

(2) 25In subsection (1), for paragraph (b) substitute—

“(b) a National Crime Agency officer;”.

(3) In subsection (6)(b) and (d), for “Director General of the Serious Organised
Crime Agency” substitute “Director General of the National Crime Agency”.

84 In section 37 (quashing of police and Revenue and Customs authorisations
30etc), in subsection (1), for paragraph (b) substitute—

“(b) a National Crime Agency officer;”.

85 In section 40 (information to be provided to Surveillance Commissioners),
for paragraph (b) substitute—

“(b) every National Crime Agency officer,”.

86 35In section 46 (restrictions on authorisations extending to Scotland), in
subsection (3), for paragraph (db) substitute—

“(db) the National Crime Agency;”.

87 In section 49 (notices requiring disclosure), in subsection (1)(e), for “SOCA”
(in each place) substitute “the National Crime Agency”.

88 (1) 40Section 51 (cases in which key required) is amended in accordance with this
paragraph.

(2) In subsection (2)—

(a) for “SOCA” (in the first place) substitute “the National Crime
Agency”;

(b) in paragraph (aa)—

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

(ii) 5for “Director General of the Serious Organised Crime
Agency” substitute “Director General of the National Crime
Agency”.

(3) In subsections (3) and (6), for “Director General of the Serious Organised
Crime Agency” substitute “Director General of the National Crime Agency”.

89 10In section 54 (tipping-off), in subsection (3)(a) and (b), for “SOCA” substitute
“the National Crime Agency”.

90 (1) Section 55 (general duties of specified authorities) is amended in accordance
with this paragraph.

(2) In subsection (1), for paragraph (ba) substitute—

“(ba) 15the Director General of the National Crime Agency;”.

(3) For subsection (3A) substitute—

“(3A) The power of the Director General of the National Crime Agency to
delegate functions under paragraph 10 of Schedule 1 to the Crime
and Courts Act 2013 does not apply in relation to the Director
20General’s duties under this section.”.

91 In section 56 (interpretation of Part 3), in subsection (1)—

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

(b) 25omit the definition of SOCA.

92 In section 58 (co-operation with and reports by section 57 Commissioner), in
subsection (1), omit paragraph (b).

93 In section 65 (the Tribunal), in subsection (6), for paragraph (d) substitute—

“(d) the National Crime Agency;”.

94 30In section 68 (Tribunal procedure), in subsection (7), omit paragraph (b).

95 (1) Section 76A (foreign surveillance operations) is amended in accordance with
this paragraph.

(2) In subsection (6)(a), for “Director General of the Serious Organised Crime
Agency” substitute “Director General of the National Crime Agency”.

(3) 35In subsection (11), in the definition of “United Kingdom officer”, for
paragraph (b) substitute—

• “(b)

  a National Crime Agency officer;”.

96 In Schedule 1 (relevant public authorities), in Part 1 (relevant authorities for
purposes of sections 28 and 29), for paragraph 2 substitute—

“2 40The National Crime Agency.”.

97 (1) Schedule 2 (persons having the appropriate permission) is amended in
accordance with this paragraph.

(2) In paragraph 2 (data obtained under warrant etc), in sub-paragraphs (3) and
(5), for “SOCA” substitute “the National Crime Agency,”.

(3) In paragraph 4 (data obtained under statute by other persons but without a
warrant), in sub-paragraph (2), for “SOCA” (in each place) substitute “the
5National Crime Agency”.

(4) In paragraph 5 (data obtained without the exercise of statutory powers), in
sub-paragraph (3)(b), for “SOCA” substitute “the National Crime Agency”.

(5) In paragraph 6 (general requirements relating to the appropriate
permission), in sub-paragraphs (3A) and (6), for “member of staff of the
10Serious Organised Crime Agency” substitute “National Crime Agency
officer”.

Freedom of Information Act 2000 (c. 36)Freedom of Information Act 2000 (c. 36)

98 The Freedom of Information Act 2000 is amended as follows.

99 In section 23 (information supplied by, or relating to, bodies dealing with
15security matters), in subsection (3), after paragraph (m) insert—

“(n) the National Crime Agency.”.

100 In section 84 (interpretation), in the definition of “government
department”—

(a) omit “or” at the end of paragraph (b);

(b) 20after paragraph (b) insert—

• “(ba)

  the National Crime Agency, or”.

101 In Schedule 1 (public authorities), in Part 6 (other public bodies and offices:
general), omit the entry relating to the National Policing Improvement
Agency.

25Criminal Justice and Court Services Act 2000 (c. 43)Criminal Justice and Court Services Act 2000 (c. 43)

102 (1) Section 71 of the Criminal Justice and Court Services Act 2000 (access to
driver licensing records) is amended in accordance with this paragraph.

(2) In subsection (1)—

(a) omit “to the National Policing Improvement Agency”;

(b) 30for “members of the staff of the Serious Organised Crime Agency”
substitute “National Crime Agency officers”.

(3) In subsection (2)—

(a) omit “to the National Policing Improvement Agency”;

(b) in paragraph (a)—

(i) 35after “which” insert “information may be made available to”;

(ii) for “members of the staff of the Serious Organised Crime
Agency” substitute “National Crime Agency officers”;

(iii) omit “may be given access to the information”;

(c) in paragraph (b), for “to which they have been given access”
40substitute “made available to them”.

Vehicles (Crime) Act 2001 (c. 3)Vehicles (Crime) Act 2001 (c. 3)

103 In section 18 of the Vehicles (Crime) Act 2001 (register of registration plate
suppliers), in subsection (7) omit “to the National Policing Improvement
Agency”.

5Criminal Justice and Police Act 2001 (c. 16)Criminal Justice and Police Act 2001 (c. 16)

104 In section 97 of the Criminal Justice and Police Act 2001 (regulations for
police forces), in subsection (4), omit paragraph (a).

Proceeds of Crime Act 2002 (c. 29)Proceeds of Crime Act 2002 (c. 29)

105 The Proceeds of Crime Act 2002 is amended as follows.

106 10In section 2A (contribution to the reduction of crime), in subsections (2)(a)
and (3)(a), for “SOCA” substitute “the National Crime Agency”.

107 (1) Section 2B (SOCA and members of SOCA’s staff) is amended in accordance
with this paragraph.

(2) For the title substitute “The National Crime Agency and its officers”.

(3) 15Omit subsection (1).

(4) In subsection (2)—

(a) for “SOCA” (in the first place) substitute “the National Crime
Agency”;

(b) for “SOCA” (in each other place) substitute “that Agency”.

(5) 20Omit subsection (3).

108 (1) Section 3 (accreditation and training of financial investigators) is amended
in accordance with this paragraph.

(2) In subsection (1), for “National Policing Improvement Agency” substitute
“National Crime Agency”.

(3) 25In subsection (2), at the end of paragraph (b) insert “, and

(c) securing that decisions under that system which concern—

(i) the grant or withdrawal of accreditations, or

(ii) the monitoring of the performance of accredited
financial investigators,

30are taken without regard to their effect on operations by the
National Crime Agency or any other person.”.

(4) In subsection (7), for “National Policing Improvement Agency” substitute
“National Crime Agency”.

109 In section 41A (restraint orders: power to retain seized property etc), in
35subsection (3), for paragraph (d) substitute—

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

110 In section 55 (sums received by designated officer), in subsection (8), for
paragraph (h) substitute—

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

111 40In section 72 (serious default in England and Wales), in subsection (9)(ba)—

(a) for “member of staff of SOCA” substitute “National Crime Agency
officer”;

(b) for “SOCA” (in the second place) substitute “the National Crime
Agency”.

112 5In section 120A (restraint orders: power to retain seized property etc), in
subsection (3), for paragraph (c)—

“(c) a National Crime Agency officer;”.

113 In section 139 (serious default in Scotland), in subsection (9)(ca)—

(a) for “member of staff of SOCA” substitute “National Crime Agency
10officer”;

(b) for “SOCA” (in the second place) substitute “the National Crime
Agency”.

114 In section 190A (restraint orders: power to retain seized property etc —
Northern Ireland), in subsection (3), for paragraph (d)—

“(d) 15a National Crime Agency officer;”.

115 In section 203 (sums received by chief clerk), in subsection (8), for paragraph
(h)—

“(h) a National Crime Agency officer.”.

116 In section 220 (serious default in Northern Ireland), in subsection (9)(ba)—

(a) 20for “member of staff of SOCA” substitute “National Crime Agency
officer”;

(b) for “SOCA” (in the second place) substitute “the National Crime
Agency”.

117 In section 316 (general interpretation), in subsection (1), in paragraphs (a)
25and (c) of the definition of “enforcement authority”, for “SOCA” substitute
“the National Crime Agency”.

118 (1) Section 317 (SOCA’s general Revenue functions) is amended in accordance
with this paragraph.

(2) In the title, for “SOCA’s” substitute “The National Crime Agency’s”.

(3) 30For “SOCA” (in each place) substitute “the National Crime Agency”.

119 In section 318 (revenue functions regarding employment), for “SOCA” (in
each place) substitute “the National Crime Agency”.

120 In section 319 (source of income), for “SOCA” (in each place) substitute “the
National Crime Agency”.

121 (1) 35Section 321 (SOCA’s functions: transfers of value) is amended in accordance
with this paragraph.

(2) In the title, for “SOCA’s” substitute “The National Crime Agency’s”.

(3) For “SOCA” (in each place) substitute “the National Crime Agency”.

122 (1) Section 322 (SOCA’s functions: certain settlements) is amended in
40accordance with this paragraph.

(2) In the title, for “SOCA’s” substitute “The National Crime Agency’s”.

(3) For “SOCA” (in each place) substitute “the National Crime Agency”.

123 In section 324 (exercise of Revenue functions), for “SOCA” (in each place)
substitute “the National Crime Agency”.

124 (1) In section 325 (declarations), in subsection (2)—

(a) for “member of SOCA’s staff” substitute “National Crime Agency
5officer”;

(b) for “any of SOCA’s functions” substitute “any function of the
National Crime Agency”;

(c) for “Director General of SOCA” substitute “Director General of the
National Crime Agency”.

125 10In section 330 (failure to disclose; regulated sector), in subsection (4)(b), for
“the Director General of SOCA” substitute “the Director General of the
National Crime Agency”.

126 In section 331 (failure to disclose: nominated officers in the regulated sector),
in subsection (4), for “the Director General of SOCA” substitute “the Director
15General of the National Crime Agency”.

127 In section 332 (failure to disclose: other nominated officers), in subsection
(4), for “the Director General of SOCA” substitute “the Director General of
the National Crime Agency”.

128 In section 333A (tipping off: regulated sector), in subsection (2)(d), for
20“member of staff of the Serious Organised Crime Agency” substitute
“National Crime Agency officer”.

129 In section 336 (nominated officer: consent), in subsections (2)(a), (3)(a) and
(4)(a), for “Director General of SOCA” substitute “Director General of the
National Crime Agency”.

130 25In section 340 (interpretation), in subsection (13), for “Director General of
SOCA” substitute “Director General of the National Crime Agency”.

131 In section 351 (applications for orders: supplementary), in subsection (5), for
“member of SOCA’s staff” (in each place) substitute “National Crime
Agency officer”.

132 30In section 352 (search and seizure warrants), in subsection (5)—

(a) in paragraph (b), for “member of SOCA’s staff or” substitute
“National Crime Agency officer or a member”;

(b) in paragraph (d), for “member of SOCA’s staff” substitute “National
Crime Agency officer”.

133 35In section 353 (requirements where production order not available), in
subsection (10)—

(a) in paragraph (b), for “member of SOCA’s staff or” substitute
“National Crime Agency officer or a member”;

(b) in paragraph (d), for “member of SOCA’s staff” substitute “National
40Crime Agency officer”.

134 In section 357 (disclosure orders), for “member of SOCA’s staff” (in each
place) substitute “National Crime Agency officer”.

135 In section 362 (supplementary), in subsection (4A), for “member of SOCA’s
staff” (in each place) substitute “National Crime Agency officer”.

136 In section 369 (supplementary), for “member of SOCA’s staff” (in each place)
substitute “National Crime Agency officer”.

137 In section 375 (supplementary), in subsection (4), for “member of SOCA’s
staff” (in each place) substitute “National Crime Agency officer”.

138 5In section 377 (code of practice of Secretary of State etc), in subsection (1), for
paragraphs (a) and (b) substitute—

“(a) the Director General of the National Crime Agency;

(b) other National Crime Agency officers;”.

139 (1) Section 378 (officers) is amended in accordance with this paragraph.

(2) 10In subsection (1), for paragraph (a) substitute—

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

(3) In subsection (2), for paragraph (a) substitute—

“(a) a senior National Crime Agency officer;”.

(4) In subsection (3)—

(a) 15in paragraph (a), for “member of SOCA’s staff” substitute “National
Crime Agency officer”;

(b) in paragraph (b), for “senior member of SOCA’s staff” substitute
“senior National Crime Agency officer”.

(5) In subsection (5), for “Director General of SOCA” substitute “Director
20General of the National Crime Agency”.

(6) In subsection (6A), for “member of SOCA’s staff” substitute “National Crime
Agency officer”.

(7) In subsection (8)—

(a) for “senior member of SOCA’s staff” substitute “senior National
25Crime Agency officer”;

(b) in paragraph (a), for “Director General of SOCA” substitute “Director
General of the National Crime Agency”;

(c) in paragraph (b), for “member of SOCA’s staff” substitute “other
National Crime Agency officer”.

140 30In section 416 (other interpretative provisions), in subsection (2), for
“member of SOCA’s staff” substitute “National Crime Agency officer”.

141 In section 438 (disclosure of information by certain directors), in subsection
(1)(fa), for “SOCA” substitute “the National Crime Agency”.

142 In section 439 (disclosure of information to Lord Advocate and to Scottish
35Ministers), in subsection (5)(b), for “SOCA” substitute “the National Crime
Agency”.

143 In section 443 (enforcement in different parts of the United Kingdom), in
subsection (3), for “SOCA” substitute “the National Crime Agency or its
officers”.

144 40In section 444 (external requests and orders), in subsection (4), for paragraph
(d) substitute—

“(d) the National Crime Agency;”.