Crime and Courts Bill (HL Bill 70)

(c) in subsection (6), for “member of the staff of the Agency” substitute
“National Crime Agency officer”;

(d) omit subsection (7).”

(9) Schedule 6 (inspections and complaints) has effect.

11 5Information: restrictions on disclosure etc

(1) Schedule 7 (information: restrictions on disclosure) has effect.

(2) Schedule 7 applies to disclosures made for the purposes of the criminal
intelligence function.

(3) Any duty to disclose information imposed on an NCA officer (including the
10duty of the Director General under paragraph 4 or 6 of Schedule 3 to disclose
information by keeping other persons informed of information obtained by the
NCA), and any power of an NCA officer to disclose information, has effect
subject to Schedule 7.

(4) Subsections (2) and (3) do not limit Schedule 7.

12 15NCA officers with operational powers: labour relations

(1) A person must not induce the Director General or any NCA officer designated
under section 9 to withhold (or to continue to withhold) services as an NCA
officer.

(2) The duty imposed by subsection (1) is a duty owed to the Secretary of State.

(3) 20A breach of that duty which causes the Secretary of State to sustain loss or
damage is to be actionable, at the Secretary of State’s suit or instance, against
the person in breach.

(4) Subsection (3) is without prejudice to the right of the Secretary of State, by
virtue of subsections (1) and (2), to bring civil proceedings in respect of any
25apprehended contravention of subsection (1).

(5) The no-strike provisions must be disregarded in determining for the purposes
of any of the relevant employment legislation whether any trade union is an
independent trade union.

(6) Nothing in the relevant employment legislation is to affect the rights of the
30Secretary of State by virtue of the no-strike provisions.

(7) The Secretary of State may, by order, suspend, or later revive, the operation of
the no-strike provisions.

(8) In this section—

• “no-strike provisions” means subsections (1) to (3) of this section;

• 35“relevant employment legislation” means—

  (a)

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

  (b)

  the Employment Rights Act 1996;

  (c)

  the Trade Union and Labour Relations (Northern Ireland)
  40Order 1995;

  (d)

  the Employment Rights (Northern Ireland) Order 1996.

13 NCA officers with operational powers: pay and allowances

(1) The Secretary of State may, by regulations, provide for the establishment,
maintenance and operation of procedures for the determination from time to
time of—

(a) 5the rates of pay and allowances to be applied to the Director General
and to NCA officers designated under section 9; and

(b) other associated terms and conditions of employment as the Director
General or as an NCA officer designated under section 9.

(2) Regulations under this section may—

(a) 10provide for determinations with respect to matters to which the
regulations relate to be made wholly or partly by reference to such
factors, and the opinion or recommendations of such persons, as may
be specified or described in the regulations;

(b) authorise the matters considered and determined in pursuance of the
15regulations to include matters applicable to times and periods before
they are considered or determined.

(3) In this section “associated terms and conditions” means such terms and
conditions as may appear to the Secretary of State to fall to be determined in
association with the determination of rates of pay and allowances.

14 20Abolition of SOCA and NPIA

(1) The Serious Organised Crime Agency is abolished.

(2) The National Policing Improvement Agency is abolished.

(3) Schedule 8 (abolition of SOCA and NPIA) has effect.

15 Interpretation of Part 1

(1) 25In this Part—

• “chief officer” means—

  (a)

  the chief constable of a police force maintained under section 2
  of the Police Act 1996 (police forces in England and Wales
  outside London);

  (b)

  30the Commissioner of Police of the Metropolis;

  (c)

  the Commissioner of Police for the City of London;

  (d)

  the chief constable of the Police Service of Scotland;

  (e)

  the Chief Constable of the Police Service of Northern Ireland;

  (f)

  the chief constable of the British Transport Police;

  (g)

  35the chief constable of the Civil Nuclear Constabulary;

  (h)

  the chief constable of the Ministry of Defence Police;

• “customs revenue official” has the same meaning as in the Borders,
  Citizenship and Immigration Act 2009 (see section 11 of that Act);

• “Director General” means the Director General of the National Crime
  40Agency;

• “Director of Border Revenue” means the person designated under section
  6 of the Borders, Citizenship and Immigration Act 2009;

• “enactment” means any enactment, whenever passed or made, contained
  in—

  Crime and Courts BillPage 12

  (a)

  an Act of Parliament;

  (b)

  an Act of the Scottish Parliament;

  (c)

  Northern Ireland legislation (within the meaning of section 24
  of the Interpretation Act 1978);

  (d)

  5a Measure or Act of the National Assembly of Wales;

  (e)

  an instrument made under any such Act, legislation or
  Measure;

  (f)

  any other subordinate legislation (within the meaning of the
  Interpretation Act 1978);

• 10“England and Wales police force” means—

  (a)

  a police force maintained under section 2 of the Police Act 1996
  (police forces in England and Wales outside London);

  (b)

  the metropolitan police force;

  (c)

  the City of London police force;

• 15“functions” means all functions of any description, including powers and
  duties, whether conferred by an enactment or arising otherwise;

• “general customs official” has the same meaning as in Borders,
  Citizenship and Immigration Act 2009 (see section 3 of that Act);

• “Island law enforcement agency” means any person charged with the
  20duty of investigating or prosecuting offences who operates in any of the
  Channel Islands or in the Isle of Man (apart from an Island police force);

• “Island police force” means—

  (a)

  the States of Jersey Police Force;

  (b)

  the salaried police force of the Island of Guernsey;

  (c)

  25the Isle of Man Constabulary;

• “local policing body” means—

  (a)

  a police and crime commissioner;

  (b)

  the Mayor’s Office for Policing and Crime;

  (c)

  the Common Council of the City of London as police authority
  30for the City of London police area;

• “NCA” means the National Crime Agency;

• “NCA functions” means—

  (a)

  functions of the NCA,

  (b)

  functions of the Director General, and

  (c)

  35functions of other NCA officers;

• “NCA officers” means—

  (a)

  the Director General,

  (b)

  the other National Crime Agency officers appointed under
  paragraph 9 of Schedule 1,

  (c)

  40persons who have been seconded to the NCA to serve as
  National Crime Agency officers under paragraph 13 of
  Schedule 1 (unless the context otherwise requires), and

  (d)

  NCA specials;

• “permitted purpose” means any of the following purposes—

  (a)

  45the prevention or detection of crime, whether in the United
  Kingdom or elsewhere;

  (b)

  the investigation or prosecution of offences, whether in the
  United Kingdom or elsewhere;

  Crime and Courts BillPage 13

  (c)

  the prevention, detection or investigation of conduct for which
  penalties other than criminal penalties are provided under the
  law of any part of the United Kingdom or the law of any country
  or territory outside the United Kingdom;

  (d)

  5the exercise of any NCA functions (so far as not falling within
  any of paragraphs (a) to (c));

  (e)

  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;

  (f)

  10compliance with an order of a court or tribunal (whether or not
  in the United Kingdom);

  (g)

  the exercise of any function relating to the provision or
  operation of the system of accreditation of financial
  investigators under section 3 of the Proceeds of Crime Act 2002;

  (h)

  15the exercise of any function of the prosecutor under Parts 2, 3
  and 4 of the Proceeds of Crime Act 2002;

  (i)

  the exercise of any function of—

  (i)

  the Director of Public Prosecutions,

  (ii)

  the Director of the Serious Fraud Office,

  (iii)

  20the Director of Public Prosecutions for Northern Ireland,
  or

  (iv)

  the Scottish Ministers,

  under, or in relation, to Part 5 or 8 of the Proceeds of Crime Act
  2002;

  (j)

  25the exercise of any function of—

  (i)

  an officer of Revenue and Customs,

  (ii)

  a general customs official,

  (iii)

  a customs revenue official,

  (iv)

  an immigration officer,

  (v)

  30an accredited financial investigator, or

  (vi)

  a constable,

  under Chapter 3 of Part 5 of the Proceeds of Crime Act 2002;

  (k)

  investigations or proceedings outside the United Kingdom
  which have led, or may lead, to the making of an external order
  35(within the meaning of section 447 of the Proceeds of Crime Act
  2002);

  (l)

  the exercise of any function of any intelligence service (within
  the meaning of the Regulation of Investigatory Powers Act
  2000);

  (m)

  40the exercise of any function under—

  (i)

  Part 2 of the Football Spectators Act 1989, or

  (ii)

  sections 104 to 106 of the Policing and Crime Act 2009;

  (n)

  the exercise of any function relating to public health;

  (o)

  the exercise of any function of the Financial Services Authority;

  (p)

  45the exercise of any function designated by the Secretary of State
  by order;

  but a function may be designated under paragraph (p) only if the
  function appears to the Secretary of State to be a function of a public
  nature;

• 50“policing body” means—

  Crime and Courts BillPage 14

  (a)

  a police and crime commissioner;

  (b)

  the Mayor’s Office for Policing and Crime;

  (c)

  the Common Council of the City of London as police authority
  for the City of London police area;

  (d)

  5the Scottish Police Authority;

  (e)

  the Northern Ireland Policing Board;

  (f)

  the British Transport Police Authority;

  (g)

  the Civil Nuclear Police Authority;

  (h)

  the Secretary of State, in relation to the Ministry of Defence
  10Police;

• “special police force” means—

  (a)

  the British Transport Police;

  (b)

  the Civil Nuclear Constabulary;

  (c)

  the Ministry of Defence Police;

• 15“strategic partners” means—

  (a)

  the Scottish Ministers;

  (b)

  the Department of Justice in Northern Ireland;

  (c)

  such persons as appear to the Secretary of State to represent the
  views of local policing bodies;

  (d)

  20such persons as appear to the Secretary of State to represent the
  views of the chief officers of England and Wales police forces;

  (e)

  the chief constable of the Police Service of Scotland;

  (f)

  the Chief Constable of the Police Service of Northern Ireland;

  (g)

  the Commissioners for Her Majesty’s Revenue and Customs;

  (h)

  25the Director of the Serious Fraud Office;

• “UK law enforcement agency” means—

  (a)

  the Commissioners for Her Majesty’s Revenue and Customs;

  (b)

  the Director of the Serious Fraud Office;

  (c)

  the Director of Border Revenue;

  (d)

  30the Scottish Administration;

  (e)

  a Northern Ireland department;

  (f)

  any other person operating in England, Scotland, Northern
  Ireland or Wales charged with the duty of investigating or
  prosecuting offences (apart from a UK police force);

• 35“UK police force” means—

  (a)

  an England and Wales police force;

  (b)

  the Police Service of Scotland;

  (c)

  the Police Service of Northern Ireland;

  (d)

  a special police force.

(2) 40In this Part—

(a) a reference to the powers and privileges of a constable is a reference to
any powers and privileges of the constable, whether arising under an
enactment or otherwise;

(b) a reference to the Police Service of Northern Ireland includes a
45reference to the Police Service of Northern Ireland Reserve.

(3) In any enactment—

(a) a reference to a National Crime Agency officer is to be construed as a
reference to an NCA officer within the meaning of this Part;

(b) a reference to a function of the National Crime Agency is to be
construed as a reference to an NCA function within the meaning of this
Part (unless the context otherwise requires).

(4) Definitions of the following terms used in this Part, or other provision relating
5to the meanings of such terms, are contained in the provisions (outside this
section) which are indicated.

Part 2 Courts and Justice

Administration of justice

16 Civil and family proceedings in England and Wales

(1) 25In Part 1 of the County Courts Act 1984 at the beginning insert—

“The county court

A1 Establishment of a single county court

(1) There is to be a court in England and Wales, called the county court, for
the purpose of exercising the jurisdiction and powers conferred on it—

(a) by or under this or any other Act, or

(b) 30by or under any Act, or Measure, of the National Assembly for
Wales.

(2) The county court is to be a court of record and have a seal.”

(2) Sections 1 and 2 of that Act (county courts to be held for districts) are repealed.

(3) In the Matrimonial and Family Proceedings Act 1984 before Part 5 insert—

“Part 4A

The family court

31A Establishment of the family court

(1) There is to be a court in England and Wales, called the family court, for
the purpose of exercising the jurisdiction and powers conferred on it—

(a) 5by or under this or any other Act, or

(b) by or under any Act, or Measure, of the National Assembly for
Wales.

(2) The family court is to be a court of record and have a seal.”

(4) Part 2 of the Children, Schools and Families Act 2010 (family proceedings) is
10repealed, as are the following related provisions of that Act: Part 2 of each of
Schedules 3 and 4; section 29(4); and “, (4)” in section 29(6).

(5) Schedule 9 (amendments in connection with the county court replacing the
existing county courts) has effect.

(6) Schedules 10 and 11 (amendments in connection with the establishment of the
15family court) have effect.

17 Youth courts to have jurisdiction to grant gang-related injunctions

(1) Part 4 of the Policing and Crime Act 2009 (injunctions to prevent gang-related
violence) is amended as follows.

(2) In section 49(1) (interpretation of Part 4) for the definition of “court”
20substitute—

• ““court” (except in Schedule 5A)—

  (a)

  in the case of a respondent aged under 18, means a
  youth court, and

  (b)

  in any other case, means the High Court or the county
  25court,

  but this is subject to any provision in rules of court that is or
  could be made under section 48(4);”.

(3) In section 43(7) (judge before whom person arrested on suspicion of breaching
injunction under Part 4 is to be brought) for the words from “means” to the end
30substitute “means a judge of the court that granted the injunction, except that
where—

“(1)the respondent is aged 18 or over, but

(b) the injunction was granted by a youth court,

it means a judge of the county court.”

(4) 35In section 48 (rules of court in relation to injunctions under Part 4) after
subsection (3) insert—

“(4) In relation to a respondent attaining the age of 18 after the
commencement of proceedings under this Part, rules of court may—

(a) provide for the transfer of the proceedings from a youth court
40to the High Court or the county court;

(b) prescribe circumstances in which the proceedings may or must
remain in a youth court.”

(5) Schedule 12 (which makes consequential and related amendments in the
Policing and Crime Act 2009) has effect.

(6) 5Nothing in any provision of this section or of that Schedule affects proceedings
in relation to applications made before the coming into force of that provision.

18 Judicial appointments

Schedule 13 has effect. In that Schedule—

• Part 1 provides for there to be no more than the equivalent of 12 full-time
  10judges of the Supreme Court, rather than exactly 12 judges, and makes
  provision about their selection,

• Part 2 contains provisions to facilitate greater diversity among judges,

• Part 3 amends provisions about membership of the Judicial
  Appointments Commission,

• 15Part 4—

  (a)

  makes provision about selection for certain judicial
  appointments, and

  (b)

  provides for the transfer, from the Lord Chancellor to the Lord
  Chief Justice or the Senior President of Tribunals, of functions in
  20connection with selection for and appointment to judicial
  offices,

• Part 5 makes provision for the exercise of certain functions where the
  Master of the Rolls, the President of the Queen’s Bench Division, the
  President of the Family Division or the Chancellor of the High Court is
  25incapable of exercising the functions or one of those offices is vacant,
  and

• Part 6 abolishes the office of assistant Recorder.

19 Deployment of the judiciary

(1) The Lord Chief Justice’s deployment responsibility includes (so far as it would
30not otherwise do so, and subject to having regard to the responsibilities of the
Senior President of Tribunals) responsibility for the maintenance of
appropriate arrangements for—

(a) the deployment to tribunals of judiciary deployable to tribunals, and

(b) the deployment to courts in England and Wales of judiciary deployable
35to such courts.

(2) In subsection (1) “the Lord Chief Justice’s deployment responsibility” means
the responsibility that the Lord Chief Justice of England and Wales, as
President of the Courts of England and Wales, has under section 7(2)(c) of the
Constitutional Reform Act 2005 for the maintenance of appropriate
40arrangements for the deployment of the judiciary of England and Wales.

(3) Each of the following is a tribunal for the purposes of subsection (1)(a)—

• the Upper Tribunal,

• the First-tier Tribunal,

• the Employment Appeal Tribunal, and

• 45an employment tribunal in England and Wales.

(4) Schedule 14 (which makes provision for deployment of judiciary to courts and
tribunals, and updates references to chairmen of employment tribunals
following their being renamed as Employment Judges) has effect.

20 Transfer of immigration or nationality judicial review applications

(1) 5In section 31A of the Senior Courts Act 1981 (transfer from the High Court to
the Upper Tribunal)—

(a) in subsection (2), for “, 3 and 4” substitute “and 3”,

(b) omit subsection (2A),

(c) in subsection (3), for “, 2 and 4” substitute “and 2”, and

(d) 10omit subsections (7) and (8).

(2) In section 20 of the Tribunals, Courts and Enforcement Act 2007 (transfer from
the Court of Session to the Upper Tribunal)—

(a) in subsection (1)—

(i) in paragraph (a), for “, 2 and 4 are met” substitute “and 2 are
15met, and”,

(ii) omit paragraph (aa) (including the “and” following it), and

(iii) in paragraph (b), for “, 3 and 4” substitute “and 3”, and

(b) omit subsections (5) and (5A).

(3) In section 25A of the Judicature (Northern Ireland) Act 1978 (transfer from the
20High Court to the Upper Tribunal)—

(a) in subsection (2), for “, 3 and 4” substitute “and 3”,

(b) omit subsection (2A),

(c) in subsection (3), for “, 2 and 4” substitute “and 2”, and

(d) omit subsections (7) and (8).

(4) 25In consequence of the amendments made by subsections (1) to (3), section 53 of
the Borders, Citizenship and Immigration Act 2009 is repealed.

21 Permission to appeal from Upper Tribunal to Court of Session

In section 13 of the Tribunals, Courts and Enforcement Act 2007 (right to
appeal from Upper Tribunal) after subsection (6) insert—

“(6A) 30Rules of court may make provision for permission not to be granted on
an application under subsection (4) to the Court of Session that falls
within subsection (7) unless the court considers—

(a) that the proposed appeal would raise some important point of
principle, or

(b) 35that there is some other compelling reason for the court to hear
the appeal.”

22 Appeals relating to regulation of the Bar

(1) Section 44 of the Senior Courts Act 1981 (extraordinary functions of High Court
judges) ceases to have the effect of conferring jurisdiction on judges of the High
40Court sitting as Visitors to the Inns of Court.

(2) The General Council of the Bar, an Inn of Court, or two or more Inns of Court
acting collectively in any manner, may confer a right of appeal to the High
Court in respect of a matter relating to—

(a) regulation of barristers,

(b) regulation of other persons regulated by the person conferring the
right,

(c) qualifications or training of barristers or persons wishing to become
5barristers, or

(d) admission to an Inn of Court or call to the Bar.

(3) An Inn of Court may confer a right of appeal to the High Court in respect of—

(a) a dispute between the Inn and a member of the Inn, or

(b) a dispute between members of the Inn;

10and in this subsection any reference to a member of an Inn includes a reference
to a person wishing to become a member of that Inn.

(4) A decision of the High Court on an appeal under this section is final.

(5) Subsection (4) does not apply to a decision disbarring a person.

(6) The High Court may make such order as it thinks fit on an appeal under this
15section.

(7) A right conferred under subsection (2) or (3) may be removed by the person
who conferred it; and a right conferred under subsection (2) by two or more
Inns of Court acting collectively may, so far as relating to any one of the Inns
concerned, be removed by that Inn.

23 20Payment of fines and other sums

(1) In the Magistrates’ Courts Act 1980 after section 75 insert—

“75A Costs of collecting sums adjudged to be paid by a conviction

(1) Where a sum is adjudged to be paid by a conviction, the person liable
to pay the sum is also liable to pay amounts in respect of costs of doing
25things for the purpose of collecting sums of that kind.

(2) Where the person is charged such an amount, the sum adjudged to be
paid is treated as increased by that amount.

(3) No such amount may be charged unless a collection order or other
notice of the person’s liability to pay such amounts has been served on
30the person.

(4) Where time has been allowed for payment of the sum, no such amount
may be charged before the end of that time.

(5) Where payment is to be by instalments, no such amount may be
charged—

(a) 35before the first occasion on which there is default in the
payment of an instalment, or

(b) at any other time when the instalments are up to date.

(6) No such amount may be charged in respect of costs that may be
recovered under paragraph 62 of Schedule 12 to the Tribunals, Courts
40and Enforcement Act 2007 (costs related to taking control of goods and
selling them).

(7) This section applies in relation to a sum even if a collection order is in
force in relation to the sum.”