Crime and Courts Bill (HL Bill 70)

Part 1 The National Crime Agency

The NCA and its officers

1 The National Crime Agency

(1) 5A National Crime Agency, consisting of the NCA officers, is to be formed.

(2) The NCA is to be under the direction and control of one of the NCA officers,
who is to be known as the Director General of the National Crime Agency.

(3) The NCA is to have—

(a) the functions conferred by this section;

(b) 10the functions conferred by the Proceeds of Crime Act 2002; and

(c) the other functions conferred by this Act and by other enactments.

(4) The NCA is to have the function (the “crime-reduction function”) of securing
that efficient and effective activities to combat organised crime and serious

crime are carried out (whether by the NCA, other law enforcement agencies, or
other persons).

(5) The NCA is to have the function (the “criminal intelligence function”) of
gathering, storing, processing, analysing, and disseminating information that
5is relevant to any of the following—

(a) activities to combat organised crime or serious crime;

(b) activities to combat any other kind of crime;

(c) exploitation proceeds investigations (within the meaning of section
341(5) of the Proceeds of Crime Act 2002), exploitation proceeds orders
10(within the meaning of Part 7 of the Coroners and Justice Act 2009), and
applications for such orders.

(6) The NCA must discharge the crime-reduction function in the following ways
(in particular).

(7) The first way is by the NCA itself—

(a) 15preventing and detecting organised crime and serious crime,

(b) investigating offences relating to organised crime or serious crime, and

(c) otherwise carrying out activities to combat organised crime and serious
crime, including by instituting criminal proceedings in England and
Wales and Northern Ireland.

(8) 20The second way is by the NCA securing that activities to combat organised
crime or serious crime are carried out by persons other than the NCA.

(9) The third way is by the NCA securing improvements—

(a) in co-operation between persons who carry out activities to combat
organised crime or serious crime, and

(b) 25in co-ordination of activities to combat organised crime or serious
crime.

(10) The crime-reduction function does not include—

(a) the function of the NCA itself prosecuting offences; or

(b) the function of the NCA itself instituting criminal proceedings in
30Scotland.

(11) In this Part, a reference to activities to combat crime (or a particular kind of
crime, such as organised crime or serious crime) is a reference to—

(a) the prevention and detection of crime (or that kind of crime),

(b) the investigation and prosecution of offences (or offences relating to
35that kind of crime),

(c) the reduction of crime (or that kind of crime) in other ways, and

(d) the mitigation of the consequences of crime (or that kind of crime);

and references to the carrying out of activities to combat crime (or a particular
kind of crime) are to be construed accordingly.

(12) 40Schedule 1 (the NCA & NCA officers) has effect.

2 Strategic priorities

(1) The Secretary of the State may determine strategic priorities for the NCA.

(2) In determining strategic priorities for the NCA (including deciding whether
there should be such priorities), the Secretary of State must consult—

(a) the strategic partners,

(b) the Director General, and

(c) any other persons whom the Secretary of State considers it is
appropriate to consult.

3 5Operations

(1) The Director General has (by virtue of the function of direction and control of
the NCA) the power to decide—

(a) which particular operations are to be mounted by NCA officers, and

(b) how such operations are to be conducted.

(2) 10In exercising functions, the Director General must have regard to—

(a) any strategic priorities for the NCA (see section 2);

(b) the annual plan (see below); and

(c) the framework document (see Part 1 of Schedule 2).

(3) Before the beginning of each financial year, the Director General must issue a
15document (the “annual plan”) setting out how the Director General intends
that NCA functions are to be exercised during that year (including how they
are to be exercised in Scotland and Northern Ireland).

(4) The annual plan for a financial year must include—

(a) a statement of any strategic priorities for the NCA,

(b) 20a statement of the operational priorities for the NCA, and

(c) in relation to each of the strategic and operational priorities, an
explanation of how the Director General intends that the priority will
be given effect to.

(5) The Director General must determine operational priorities for the NCA; and
25those priorities may relate—

(a) to matters to which current strategic priorities also relate, or

(b) to other matters;

but operational priorities must, in any event, be framed so as to be consistent
with the current strategic priorities.

(6) 30In preparing any annual plan, the Director General must consult—

(a) the strategic partners, and

(b) any other persons whom the Director General considers it is
appropriate to consult.

(7) The Director General is required by subsection (6)(a)—

(a) 35to consult the Scottish Ministers about the annual plan only as it relates
to activities in Scotland; and

(b) to consult the Department of Justice in Northern Ireland about the
annual plan only as it relates to activities in Northern Ireland.

(8) Before issuing any annual plan, the Director General must obtain—

(a) 40the consent of the Secretary of State to the plan,

(b) the consent of the Scottish Ministers to the plan as it relates to activities
in Scotland, and

(c) the consent of the Department of Justice in Northern Ireland as it relates
to activities in Northern Ireland.

(9) The Director General must arrange for each annual plan to be published in the
manner which the Director General considers appropriate.

(10) Schedule 2 (the framework document & annual report) has effect.

Other functions etc.

4 5Relationships between NCA and other agencies: tasking etc

(1) Any of the following persons may perform a task if the Director General
requests the person to perform it—

(a) the chief officer of a UK police force;

(b) a UK law enforcement agency.

(2) 10A request under subsection (1)—

(a) may be made only if the Director General considers that performance
of the task would assist the NCA to exercise functions;

(b) must explain how performance of the requested task would so assist
the exercise of functions.

(3) 15The Director General may perform a task if any of the following persons
requests the Director General to perform it—

(a) the chief officer of a UK police force;

(b) a UK law enforcement agency.

(4) A request under subsection (3)—

(a) 20may be made only if the person making it considers that performance
of the task would assist that person — or, in a case where that person is
the chief officer of a police force, would assist that person or police force
— to exercise functions;

(b) must explain how performance of the requested task would so assist
25the exercise of functions.

(5) The Director General may direct any of the following persons to perform a task
specified in the direction—

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

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

(6) 30The Director General may give a direction under subsection (5) only if the
Director General considers that—

(a) performance of the task would assist the NCA to exercise functions;

(b) it is expedient for the directed person to perform that task; and

(c) satisfactory arrangements cannot be made, or cannot be made in time,
35under subsection (1).

(7) A person given a direction under this section must comply with it.

(8) If a person is requested or directed under this section to perform a task, the
person may comply with that request or direction by securing that the task is
performed by another person.

(9) 40The Director General may give a direction under this section to the Chief
Constable of the British Transport Police only if the Secretary of State consents.

(10) Schedule 3 (relationships between NCA and other agencies) has effect.

(11) This section has effect subject to Part 5 (payment for tasks etc) of Schedule 3.

(12) Paragraph 33 of Schedule 3 gives the Secretary of State power to amend this
section.

5 Duty to publish information

(1) 5The Director General must—

(a) make arrangements for publishing information about the exercise of
NCA functions and other matters relating to the NCA, and

(b) publish information in accordance with those arrangements.

(2) The framework document may impose on the Director General requirements
10in relation to performance of the duties imposed by subsection (1) (including
requirements about what information is not to be published).

(3) The Director General must comply with any such requirements in the
framework document (and accordingly the duty in section 3(2)(c) to have
regard to that document does not apply in relation to such requirements).

(4) 15This section is subject to Schedule 7 (information: restrictions on disclosure).

6 Information gateways

(1) A person may disclose information to the NCA if the disclosure is made for the
purposes of the exercise of any NCA function.

(2) Subsection (1) does not authorise any of the following to disclose information
20to the NCA—

(a) a person serving in the Security Service;

(b) a person serving in the Secret Intelligence Service;

(c) a person serving in GCHQ;

but this does not affect the disclosures which such a person may make to the
25NCA in accordance with intelligence service disclosure arrangements.

(3) Information obtained by the NCA in connection with the exercise of any NCA
functions may be used by the NCA in connection with the exercise of any other
NCA function.

(4) An NCA officer may disclose information obtained by the NCA in connection
30with the exercise of any NCA function if the disclosure is for any permitted
purpose.

(5) Subsection (4) authorises an NCA officer to disclose information for the
purpose of the exercise of—

(a) the functions of the Lord Advocate under Part 3 of the Proceeds of
35Crime Act 2002 (“PCA 2002”), or

(b) the functions of the Scottish Ministers under, or in relation to, Part 5 of
PCA 2002,

only where the information has been obtained by the NCA in connection with
the exercise of a function under PCA 2002 (other than a function under Part 6
40of that Act).

(6) Where information has been obtained by the NCA in connection with the
exercise of a function under Part 6 of PCA 2002 (revenue functions), subsection
(4) does not authorise an NCA officer to disclose the information.

(7) But an NCA officer may disclose the information if the disclosure is—

(a) to the Commissioners for Her Majesty’s Revenue and Customs,

(b) to the Lord Advocate for the purposes of the exercise by the Lord
Advocate of the Lord Advocate’s functions under Part 3 of PCA 2002
5(confiscation: Scotland),

(c) to any person for purposes relating to civil proceedings (whether or not
in the United Kingdom) which relate to a matter in respect of which the
NCA has functions, or

(d) to any person for the purposes of compliance with an order of a court
10or tribunal (whether or not in the United Kingdom).

(8) A disclosure of information which is authorised or required by this Part does
not breach—

(a) an obligation of confidence owed by the person making the disclosure,
or

(b) 15any other restriction on the disclosure of information (however
imposed).

(9) This section is subject to Schedule 7 (information: restrictions on disclosure).

(10) In this section—

• “GCHQ” has the same meaning as in the Intelligence Services Act 1994;

• 20“intelligence service disclosure arrangements” means—

  (a)

  arrangements made by the Director-General of the Security
  Service under section 2(2)(a) of the Security Service Act 1989
  about the disclosure of information by that Service,

  (b)

  arrangements made by the Chief of the Intelligence Service
  25under section 2(2)(a) of the Intelligence Services Act 1994 about
  the disclosure of information by that Service, or

  (c)

  arrangements made by the Director of GCHQ under section
  4(2)(a) of that Act about the disclosure of information by
  GCHQ.

7 30Other functions etc

(1) In section 11 of the Children Act 2004 (arrangements to safeguard and promote
welfare of children: England), in subsection (1), after paragraph (i) insert—

“(ia) the National Crime Agency;”.

(2) In section 28 of the Children Act 2004 (arrangements to safeguard and promote
35welfare of children: Wales), in subsection (1), after paragraph (e) insert—

“(ea) the National Crime Agency;”.

(3) The Director General may provide assistance to—

(a) a government in a country or territory outside the British Islands, or

(b) another overseas body exercising functions of a public nature in a
40country or territory outside the British Islands,

if the government, or the body, requests assistance to be provided.

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

(5) Subsection (3) does not apply to any request for assistance which could be
45made under section 13 of the Crime (International Co-operation) Act 2003,

unless the NCA has functions under that section in relation to the request by
virtue of an order under section 27(2) of that Act.

(6) Schedule 4 (NCA: general) has effect.

8 Director General: customs powers of Commissioners & operational powers

(1) 5The Director General has, in relation to any customs matter, the same powers
as the Commissioners for Her Majesty’s Revenue and Customs would have.

(2) The Secretary of State may designate the Director General as a person having
one or more of the following—

(a) the powers and privileges of a constable;

(b) 10the powers of an officer of Revenue and Customs;

(c) the powers of an immigration officer.

(3) The Secretary of State may modify or withdraw a designation of the Director
General by giving notice of the modification or withdrawal to the Director
General.

(4) 15Schedule 5 (police, customs and immigration powers) has effect.

(5) If, in accordance with paragraph 4 of Schedule 5, recommendations are made
to the Secretary of State as to the operational powers which the Director
General should have, the Secretary of State must exercise the powers of
designation to give effect to those recommendations (unless the
20recommendations are already given effect to by a previous exercise of the
powers of designation).

(6) The Secretary of State may not exercise the powers of designation unless—

(a) required to do so by subsection (5); or

(b) required or otherwise authorised to do so by regulations under
25paragraph 5 of Schedule 5.

(7) In this section “powers of designation” means the powers conferred by
subsections (2) and (3).

(8) In this Part—

• “customs matter” means any matter other than—

  (a)

  30a matter to which section 7 of the Commissioners for Revenue
  and Customs Act 2005 applies (former Inland Revenue
  matters), or

  (b)

  any tax or duty not mentioned in Schedule 1 to that Act (which
  lists such matters);

• 35“operational power” means any of the following—

  (a)

  a power or privilege of a constable;

  (b)

  a power of an officer of Revenue and Customs;

  (c)

  a power of an immigration officer.

9 Operational powers of other NCA officers

(1) 40The Director General may designate any other NCA officer as a person having
one or more of the following—

(a) the powers and privileges of a constable;

(b) the powers of an officer of Revenue and Customs;

(c) the powers of an immigration officer.

(2) The Director General may not designate an NCA officer under this section as
having particular operational powers unless the Director General is satisfied
that the officer—

(a) 5is capable of effectively exercising those powers;

(b) has received adequate training in respect of the exercise of those
powers; and

(c) is otherwise a suitable person to exercise those powers.

(3) The Director General may modify or withdraw a designation of an NCA officer
10by giving notice of the modification or withdrawal to the officer.

(4) For further provision about designations under this section, see Schedule 5.

General

10 Inspections and complaints

(1) Her Majesty’s Inspectors of Constabulary (“HMIC”) must carry out
15inspections of the NCA.

(2) HMIC must also carry out an inspection of the NCA if requested to do so by
the Secretary of State either—

(a) generally, or

(b) in respect of a particular matter.

(3) 20Following an inspection under this section, HMIC must report to the Secretary
of State on the efficiency and effectiveness of the NCA either—

(a) generally, or

(b) in the case of an inspection under subsection (2)(b), in respect of the
matter to which the inspection related.

(4) 25HMIC must carry out such other duties for the purpose of furthering the
efficiency and effectiveness of the NCA as the Secretary of State may from time
to time direct.

(5) Paragraphs 2 and 5 of Schedule 4A to the Police Act 1996 (inspection
programmes and inspection frameworks) apply to functions of inspection and
30reporting under this section as they apply to other such functions.

(6) In the Police Reform Act 2002, after section 26B insert—

“26C The National Crime Agency

(1) The Secretary of State must make regulations conferring functions on
the Independent Police Complaints Commission in relation to the
35exercise of functions by the Director General and other National Crime
Agency officers.

(2) Regulations under this section may, in particular—

(a) apply (with or without modifications), or make provision
similar to, any provision of or made under this Part of this Act;

(b) 40make provision for payment by the National Crime Agency to,
or in respect of, the Independent Police Complaints
Commission.

(3) Regulations under this section must relate only to the exercise of
functions in, or in relation to, England and Wales.

(4) The Independent Police Complaints Commission and the
Parliamentary Commissioner for Administration may jointly
5investigate a matter in relation to which—

(a) the Independent Police Complaints Commission has functions
by virtue of this section, and

(b) the Parliamentary Commissioner for Administration has
functions by virtue of the Parliamentary Commissioner Act
101967.

(5) A National Crime Agency officer may disclose information to the
Independent Police Complaints Commission, or to a person acting on
the Commission’s behalf, for the purposes of the exercise by the
Commission, or by any person acting on the Commission’s behalf, of an
15NCA complaints function.

(6) The Independent Police Complaints Commissioner and the
Parliamentary Commissioner for Administration may disclose
information to each other for the purposes of the exercise of a
function—

(a) 20by virtue of this section, or

(b) under the Parliamentary Commissioner Act 1967.

(7) Regulations under this section may, in particular, make—

(a) further provision about the disclosure of information under
subsection (5) or (6);

(b) 25provision about the further disclosure of information that has
been so disclosed;

including provision which applies (with or without modifications), or
is similar to, any provision of Schedule 7 to the Crime and Courts Act
2013.

(8) 30Except as provided for in regulations under this section, that Schedule
to that Act does not apply to—

(a) the disclosure of information under subsection (5) or (6), or

(b) the further disclosure of information so disclosed.

(9) In this section “NCA complaints function” means a function in relation
35to the exercise of functions by the Director General or any other
National Crime Agency officer.”

(7) In the Police, Public Order and Criminal Justice (Scotland) Act 2006
(Consequential Provisions and Modifications) Order 2007, in article 4(4)
(agreements to establish complaints procedures)—

(8) In section 60ZA of the Police (Northern Ireland) Act 1998 (Serious Organised
Crime Agency: complaints)—

(a) in the title, for “Serious Organised Crime Agency” substitute “The
45National Crime Agency”;

(b) in subsection (1), for “members of the staff of the Serious Organised
Crime Agency” substitute “National Crime Agency officers”;