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Crime and Courts BillPage 10

(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—

Crime and Courts BillPage 11

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—

(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;

Crime and Courts BillPage 15

(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.

Term Provision containing
definition etc
activities to combat crime (or a particular kind of
crime)
section 1(11)
10
annual plan section 3(3)
annual report Part 2 of Schedule 2
crime-reduction function section 1(4)
criminal intelligence function section 1(5)
customs matter 15section 8(8)
framework document Part 1 of Schedule 2
NCA special paragraph 15 of
Schedule 1
operational power section 8(8)
strategic priorities 20section 2

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.

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(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—

(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;

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(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—

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)

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(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—

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(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.

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Contents page 1-9 10-19 20-28 30-39 40-49 50-59 60-68 70-79 80-89 90-99 100-109 110-119 Last page