Crime and Courts Bill (HL Bill 70)

145 In section 445 (external investigations), for “SOCA” substitute “the National
Crime Agency or its officers”.

146 (1) In section 449 (SOCA’s staff: pseudonyms) is amended in accordance with
this paragraph.

(2) 5In the title, for “SOCA’s staff” substitute “NCA officers”.

(3) In subsection (1)—

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

(b) in paragraph (a), for “by SOCA to do anything” substitute “to do
10anything on behalf of the National Crime Agency”;

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

(4) In subsection (2), for “member of the SOCA’s staff” substitute “National
Crime Agency officer”.

(5) 15In subsections (3) (in each place) and (4), for “member of SOCA’s staff”
substitute “National Crime Agency officer”.

147 In Schedule 8 (forms of declarations)—

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

(b) 20for “SOCA” (in the second place) substitute “that Agency”;

(c) for “its” substitute “that Agency’s”.

Police Reform Act 2002 (c. 30)Police Reform Act 2002 (c. 30)

148 In section 9 of the Police Reform Act 2002 (the Independent Police
Complaints Commission), in subsection (3)—

(a) 25in paragraph (da), omit “is or”;

(b) in paragraph (db), omit “is or”;

(c) after paragraph (db) substitute—

“(dc) the person is, or has been, a National Crime Agency
officer;”.

30Sexual Offences Act 2003 (c. 42)Sexual Offences Act 2003 (c. 42)

149 In section 94 of the Sexual Offences Act 2003 (Part 2: supply of information
to Secretary of State etc for verification), in subsection (3), for paragraphs (b)
and (c) substitute—

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

35Energy Act 2004 (c. 20)Energy Act 2004 (c. 20)

150 (1) Section 59A of the Energy Act 2004 (constables serving with SOCA) is
amended in accordance with this paragraph.

(2) In the title, for “Serious Organised Crime Agency” substitute “National
Crime Agency”.

(3) 40In subsection (1)—

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

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

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

5Commissioners for Revenue and Customs Act 2005 (c. 11)Commissioners for Revenue and Customs Act 2005 (c. 11)

151 In section 20 of the Commissioners for Revenue and Customs Act 2005, in
section 20 (public interest disclosure), in subsection (7)(a), for “national
Policing Improvement Agency” substitute “Secretary of State”.

Serious Organised Crime and Police Act 2005 (c. 15)Serious Organised Crime and Police Act 2005 (c. 15)

152 10The Serious Organised Crime and Police Act 2005 is amended as follows.

153 Omit Part 1 (the Serious Organised Crime Agency).

154 In section 62 (disclosure notices), in subsection (2), for paragraph (b)
substitute—

“(b) a National Crime Agency officer who is for the time being
15designated under section 8 or 9 of the Crime and Courts Act
2013, or”.

155 In section 82 (protection of persons involved in investigations or
proceedings), in subsection (5), for paragraph (d) substitute—

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

156 (1) 20Section 153 (disclosure of information about insurance status of vehicles) is
amended in accordance with this paragraph.

(2) In subsection (1), for “NPIA for it to process” substitute “the Secretary of
State for processing”.

(3) In subsection (3)(a) and (b), for “NPIA” substitute “the Secretary of State”.

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

157 (1) Section 172 (orders and regulations) is amended in accordance with this
paragraph.

(2) In subsection (4), omit “1(3),”.

(3) In subsection (5), omit paragraphs (a) and (b).

(4) 30In subsection (8), omit paragraph (a).

(5) In subsection (13), omit paragraph (a).

158 In section 175 (penalties for offences: transitional modification for England
and Wales), in subsection (3), in the table—

(a) omit the two entries relating to section 51;

(b) 35omit the two entries relating to section 57.

159 In section 177 (interpretation), omit subsection (1).

160 In Schedule 5 (persons specified for the purposes of section 82: protection of
persons involved in investigations or proceedings), after paragraph 17

insert—

“17A A person who is or has been a National Crime Agency officer.”.

Gambling Act 2005 (c. 19)Gambling Act 2005 (c. 19)

161 In the Gambling Act 2005, in Part 2 of Schedule 6 (exchange of information:
5enforcement and regulatory bodies)—

(a) after the entry for the Horserace Betting Levy Board insert—

“The National Crime Agency”;

(b) omit the entry relating to the Serious Organised Crime Agency.

Police and Justice Act 2006 (c. 48)Police and Justice Act 2006 (c. 48)

162 10The Police and Justice Act 2006 is amended as follows.

163 Omit section 1 (National Policing Improvement Agency).

164 In section 13 (supply of information to police etc by Registrar General), in
subsection (1)(c), for “Serious Organised Crime Agency” substitute
“National Crime Agency”.

165 15Omit Schedule 1 (National Policing Improvement Agency).

Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)2006 (asp 10)

166 The Police, Public Order and Criminal Justice (Scotland) Act 2006 is
amended as follows.

167 In Schedule 4 (the Police Complaints Commissioner for Scotland), in
20paragraph 2(1) (disqualification for appointment as Commissioner)—

(a) in sub-paragraph (h)(ii), omit “or”;

(b) in sub-paragraph (i)—

(i) omit “is or”;

(ii) at the end insert “or”;

(c) 25after sub-paragraph (i) insert—

“(j) is or has been a National Crime Agency officer.”.

Proceeds of Crime (Northern Ireland) Order 2006 (S.I. 1996/1299 (N.I. 9)S.I. 1996/1299 (N.I. 9))

168 The Proceeds of Crime (Northern Ireland) Order 2006 is amended as
follows.

169 (1) 30Article 49 (additional investigation powers) is amended in accordance with
this paragraph.

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

(3) In paragraph (1B), for “a member of staff of the Serious Organised Crime
35Agency” substitute “a National Crime Agency officer”.

(4) In paragraph (5), in the definition of “senior member of staff of the Serious
Organised Crime Agency”—

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

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

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

170 5In Schedule 2 (financial investigations), in paragraph 3A(4)(a), for “member
of staff of the Serious Organised Crime Agency” substitute “National Crime
Agency officer”.

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

171 The Corporate Manslaughter and Corporate Homicide Act 2007 is amended
10as follows.

172 In section 13 (application to police forces), in subsection (3)(g), for the words
from “seconded” to “treated” substitute “seconded to the National Crime
Agency to serve as a National Crime Agency officer is to be treated”.

173 In Schedule 1 (list of Government Departments etc), after the entry relating
15to the National Archives of Scotland insert—

“National Crime Agency”.

Serious Crime Act 2007 (c. 27)Serious Crime Act 2007 (c. 27)

174 The Serious Crime Act 2007 is amended as follows.

175 In section 5 (type of provision that may be made by orders), in subsection (7),
20for paragraph (b) of the definition of “a law enforcement officer”,
substitute—

“(b) a National Crime Agency officer who is for the time being
designated under section 8 or 9 of the Crime and Courts Act
2013;”.

176 25In section 39 (compliance with orders: authorised monitors), in subsection
(10), for paragraph (b) of the definition of “law enforcement officer”,
substitute—

“(b) a National Crime Agency officer who is for the time being
designated under section 8 or 9 of the Crime and Courts Act
302013;”.

Crime and Security Act 2010 (c. 17)Crime and Security Act 2010 (c. 17)

177 In section 31 of the Crime and Security Act 2010 (guidance), in subsection
(3)—

(a) at the end of paragraph (a) insert “and”;

(b) 35omit paragraph (b).

Equality Act 2010 (c. 15)Equality Act 2010 (c. 15)

178 The Equality Act 2010 is amended as follows.

179 In section 42 (identity of employer), in subsections (4) and (5), for “SOCA”
substitute “NCA”.

180 In section 43 (interpretation), for subsection (5) substitute—

“(5) NCA” means the National Crime Agency; and a reference to a
constable at NCA is a reference to a constable seconded to it to serve
as an NCA officer.”

181 5In Schedule 19 (public authorities), in Part 1 (general), omit “The Serious
Organised Crime Agency.”

Police Reform and Social Responsibility Act 2011 (c.13)2011 (c.13)

182 In section 65 of the Police Reform and Social Responsibility Act 2011
(disqualification from election or holding office as police and crime
10commissioner: police grounds), omit subsection (1)(h)(v).

Protection of Freedoms Act 2012

183 In section 95 of the Protection of Freedoms Act 2012 (effect on police and
other records of disregard of conviction or caution), in subsection (5), in the
definition of the names database, for “National Policing Improvement
15Agency” substitute “Secretary of State”.

Part 3 Further consequential amendments and repeals

References to SOCA

184 In the following enactments, for “Serious Organised Crime Agency”
20substitute “National Crime Agency” (and, where that expression appears in
more than one place in such an enactment, that substitution is made in each
such place)—

References to the Director General of SOCA

185 In the following enactments, for “Director General of the Serious Organised
Crime Agency” substitute “Director General of the National Crime
20Agency”—

References to SOCA and its Director General

186 In the following enactments—

(a) for “Serious Organised Crime Agency” substitute “National Crime
35Agency”; and

(b) for “Director General of the Serious Organised Crime Agency” or
“Director General of that Agency” substitute “Director General of the
National Crime Agency”—

Repeals

187 The following enactments are repealed to the extent specified—

Part 4 Subordinate legislation

15References to SOCA etc

188 (1) In any relevant subordinate legislation—

(a) a reference (however expressed) of a kind specified in an entry in the
first column of the following table is to be read as being, or including,
a reference of the kind specified in the corresponding entry in the
20second column of the table; and

(b) related expressions are to be read accordingly.

(2) The preceding provision of this paragraph is without prejudice to section 39
(consequential amendments).

(3) In this paragraph “relevant subordinate legislation” means Orders in
Council, orders, rules, regulations, schemes, warrants, byelaws and other
35instruments made before the end of the Session of Parliament in which this
Act is passed under—

(a) an Act of Parliament,

(b) an Act of the Scottish Parliament,

(c) an Act of the Northern Ireland Assembly, or

(d) a Measure or Act of the National Assembly for Wales.

Section 16

SCHEDULE 9 Single county court in England and Wales

5Part 1 Amendments of the County Courts Act 1984

1 The County Courts Act 1984 is amended as follows.

2 (1) Section 3 (place and time of sittings) is amended as follows.

(2) For subsections (1) and (2) substitute—

“(1) 10Sittings of the county court may be held, and any other business of
the county court may be conducted, anywhere in England and
Wales.

(1A) Sittings of the county court at any place may be continuous or
intermittent or occasional.

(2) 15Sittings of the county court may be held simultaneously to take any
number of different cases in the same place or different places, and
the court may adjourn cases from place to place at any time.

(2A) The places at which the county court sits, and the days and times at
which it sits in any place, are to be determined in accordance with
20directions given by the Lord Chancellor after consulting the Lord
Chief Justice.”

(3) Omit subsection (4) (references to sittings of the court to include sittings by
a district judge).

(4) In subsection (5) (delegation of Lord Chief Justice’s functions under
25subsection (1)) for “subsection (1)” substitute “this section”.

3 In section 4 (use of public buildings for courts)—

(a) in subsection (1) for “county court is” substitute “sitting of the county
court is to be”,

(b) in subsection (1) after “for the purpose of holding” insert “the sitting
30of”, and

(c) in subsection (2) for “any court,” substitute “sittings of the county
court,”.

4 For section 5 (judges) substitute —

“5 Judges of the county court

(1) 35A person is a judge of the county court if the person—

(a) is a Circuit judge,

(b) is a district judge (which, by virtue of section 8(1C), here
includes a deputy district judge appointed under section 8),
or

(c) is within subsection (2),

but see also section 9 of the Senior Courts Act 1981 (certain ex-judges
may act as judges of the county court).

(2) A person is within this subsection (and so, by virtue of subsection
5(1)(c), is a judge of the county court) if the person—

(a) is the Lord Chief Justice,

(b) is the Master of the Rolls,

(c) is the President of the Queen’s Bench Division,

(d) is the President of the Family Division,

(e) 10is the Chancellor of the High Court,

(f) is an ordinary judge of the Court of Appeal (including the
vice-president, if any, of either division of that court),

(g) is the Senior President of Tribunals,

(h) is a puisne judge of the High Court,

(i) 15is a deputy judge of the High Court,

(j) is the Judge Advocate General,

(k) is a Recorder,

(l) is a person who holds an office listed—

(i) in the first column of the table in section 89(3C) of the
20Senior Courts Act 1981 (senior High Court masters
etc), or

(ii) in column 1 of Part 2 of Schedule 2 to that Act (High
Court masters etc),

(m) is a deputy district judge appointed under section 102 of that
25Act,

(n) is a Chamber President, or a Deputy Chamber President, of a
chamber of the Upper Tribunal or of a chamber of the First-
tier Tribunal,

(o) is a judge of the Upper Tribunal by virtue of appointment
30under paragraph 1(1) of Schedule 3 to the Tribunals, Courts
and Enforcement Act 2007,

(p) is a transferred-in judge of the Upper Tribunal (see section
31(2) of that Act),

(q) is a deputy judge of the Upper Tribunal (whether under
35paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),

(r) is a District Judge (Magistrates’ Courts),

(s) is a person appointed under section 30(1)(a) or (b) of the
Courts-Martial (Appeals) Act 1951 (assistants to the Judge
Advocate General),

(t) 40is a judge of the First-tier Tribunal by virtue of appointment
under paragraph 1(1) of Schedule 2 to the Tribunals, Courts
and Enforcement Act 2007,

(u) is a transferred-in judge of the First-tier Tribunal (see section
31(2) of that Act), or

(v) 45is a member of a panel of Employment Judges established for
England and Wales or for Scotland.”

5 (1) Section 6 (district judges) is amended as follows.

(2) Omit subsections (2), (4) and (7) (which relate to the assignment of district
judges to county court districts).

(3) In subsection (3) (interpretation of statutory and other references to district
judges) for the words after “of a county court” substitute “is—

(a) if the context permits, a reference to the county court, and

(b) otherwise is a reference to a judge of the county court.”

(4) 5For the italic heading before the section substitute “District judges and deputy
district judges”.

6 (1) Section 8 (deputy district judges) is amended as follows.

(2) In subsection (1) (appointment to facilitate disposal of business in the county
courts) for “courts” substitute “court or any other court or tribunal to which
10a person appointed under this subsection may be deployed”.

(3) Omit subsections (1B) and (1D) (which relate to the assignment of deputy
district judges to county court districts).

(4) In subsection (1C) (deputy district judge to have powers of a district
judge)—

(a) 15omit “and assigned to a district”,

(b) omit “, while acting under his assignment,”, and

(c) for “assigned to the district” substitute “other than a district judge’s
power to act in a district registry of the High Court”.

7 (1) Section 12 (records of proceedings) is amended as follows.

(2) 20For subsection (1) (district judge for a district to keep such records as may be
prescribed) substitute—

“(1) The Lord Chancellor may by regulations made by statutory
instrument provide for the keeping of records of and in relation to
proceedings of the county court.”

(3) 25In subsection (2) (certified copies of entries) for “the district judge” substitute
“a judge of the county court”.

(4) In the title omit the words after “kept”.

8 (1) Section 13 (officers of court not to act as solicitors in that court) is amended
as follows.

(2) 30In subsection (1) (officer of a county court and officer’s firm not to be
engaged as representative in any proceedings in that court, subject to
exception in subsection (4) for deputy district judges)—

(a) for the words from the beginning to “be” substitute—

“A fee-paid part-time judge of the county court may not act
35as a judge of the court in relation to any proceedings in the
court in which—

(a) the judge,

(b) a partner or employer of the judge,

(c) a body of which the judge is a member or officer, or

(d) 40a body of whose governing body the judge is a
member,

is”, and

(b) omit “in any proceedings in that court”.

(3) Omit subsection (3) (which refers to a provision previously repealed).