(j) an order under section 41 bringing anything in Part 4 of Schedule 15
into force or bringing section 30 into force so far as relating to anything
in that Part of that Schedule, other than an order which makes the
provision permitted by section 41(5) or (6).

(5) 5A statutory instrument made by the Secretary of State or Lord Chancellor
containing any of the following is subject to annulment in pursuance of a
resolution of either House of Parliament—

(a) regulations under paragraph 1 of Schedule 4;

(b) an order under paragraph 27 or 28 of Schedule 5 which does not amend
10or repeal any provision of primary legislation;

(c) regulations under paragraph 5 of Schedule 6;

(d) regulations under section 13;

(e) an order under section 39 which does not amend or repeal any
provision of primary legislation.

(6) 15Subsection (5) does not apply to a statutory instrument that is subject to a
requirement that a draft of the instrument be laid before, and approved by a
resolution of, each House of Parliament.

(7) Any provision that may be made by the Secretary of State by order under this
Act may be made by the Secretary of State by regulations (and where, in
20reliance on this subsection, provision is made by regulations instead of by
order, this Act applies in relation to the regulations as it would otherwise apply
in relation to the order).

(8) Any provision that may be made by the Secretary of State by regulations under
this Act may be made by the Secretary of State by order (and where, in reliance
25on this subsection, provision is made by order instead of by regulations, this
Act applies in relation to the order as it would otherwise apply in relation to
the regulations).

(9) An order made by the Scottish Ministers under paragraph 27 or 28 of Schedule
5 is subject to the negative procedure unless it amends or repeals any provision
30of primary legislation, in which case it is subject to the affirmative procedure.

(10) An order made by the Department of Justice in Northern Ireland under
paragraph 27 or 28 of Schedule 5 is to be made by statutory rule for the
purposes of the Statutory Rules (Northern Ireland) Order 1979.

(11) A statutory rule containing such an order is subject to negative resolution
35(within the meaning of section 41(6) of the Interpretation Act (Northern
Ireland) 1954) unless it amends or repeals any provision of primary legislation,
in which case it may not be made unless a draft has been laid before, and
approved by a resolution of, the Northern Ireland Assembly.

(12) An order or regulations made under this Act by the Secretary of State, the Lord
40Chancellor, the Scottish Ministers or the Department of Justice in Northern
Ireland may—

(a) make different provision for different purposes or areas,

(b) include supplementary, incidental or consequential provision, or

(c) make transitional, transitory or saving provision.

(13) 45In this section—

• “primary legislation” means—

  (a)

  an Act of Parliament,

  Crime and Courts BillPage 41

  (b)

  an Act of the Scottish Parliament,

  (c)

  a Measure or Act of the National Assembly for Wales, or

  (d)

  Northern Ireland legislation;

• “super-affirmative procedure” means the procedure provided for by
  5Schedule 19.

39 Consequential amendments

(1) The Secretary of State or Lord Chancellor may by order make such provision
as the Secretary of State or Lord Chancellor (as the case may be) considers
appropriate in consequence of this Act.

(2) 10The power to make an order under this section may, in particular, be exercised
by amending, repealing, revoking or otherwise modifying any provision made
by or under an enactment.

(3) In this section “enactment” means an enactment whenever passed or made,
and includes an Act of the Scottish Parliament, a Measure or Act of the
15National Assembly for Wales and Northern Ireland legislation.

40 Transitional, transitory or saving provision

The Secretary of State or Lord Chancellor may by order make such transitional,
transitory or saving provision as the Secretary of State or Lord Chancellor (as
the case may be) considers appropriate—

(a) 20in connection with the coming into force of any provision of this Act, or

(b) where Part 4 of Schedule 15 and section 30 so far as relating to that Part
of that Schedule are brought into force in relation to a specified area for
a specified period, in connection with those provisions ceasing to be in
force at the end of that period or at the end of that period as continued
25under section 41(6).

41 Short title, commencement and extent

(1) This Act may be cited as the Crime and Courts Act 2013.

(2) Subject as follows, this Act comes into force on such day as the Secretary of
State may by order appoint; and different days may be appointed for different
30purposes and, in the case of Part 4 of Schedule 15 and section 30 so far as
relating to that Part of that Schedule, for different areas.

(3) Sections 16 and 18 to 27 (except section 23(2)) and Schedules 9 to 11, 13 and 14
come into force on such day as the Lord Chancellor may by order appoint; and
different days may be appointed for different purposes.

(4) 35Sections 23(2) and 28 come into force at the end of the period of two months
beginning with the day on which this Act is passed.

(5) An order which brings the monitoring provisions into force only in relation to
a specified area may provide that they are to be in force in relation to that area
for a specified period; and in this subsection and subsection (6) “the monitoring
40provisions” means Part 4 of Schedule 15, and section 30 so far as relating to that
Part of that Schedule.

(6) An order containing the provision permitted by subsection (5) may be
amended by a subsequent order under subsection (2) so as to continue the

monitoring provisions in force in relation to the area concerned for a further
period.

(7) Sections 38 to 40 and this section come into force on the day on which this Act
is passed.

(8) 5Subject as follows, this Act extends to England and Wales, Scotland and
Northern Ireland.

(9) The following extend to England and Wales only—

(a) section 22;

(b) section 27;

(c) 10section 28;

(d) paragraph 30 of Schedule 15 and section 30 so far as relating to that
paragraph, but only so far as relating to disclosure or use of information
by a person appointed under section 2(1) of the Courts Act 2003 or
provided under a contract made by virtue of section 2(4) of that Act;

(e) 15the amendments and repeals made by this Act in sections 4(5A) to (6A)
and 6(2) of the Maintenance Orders (Facilities for Enforcement) Act
1920, in sections 8(4) and 33(3) of the Maintenance Orders (Reciprocal
Enforcement) Act 1972 and in section 14 of the Contempt of Court Act
1981;

(f) 20paragraphs 1 to 31 and 39 of Schedule 16, and section 31 so far as
relating to those paragraphs.

(10) The amendments made by this Act in the Industrial and Provident Societies
Act 1965 extend to England and Wales, and Scotland, only.

(11) Except as provided by subsections (9) and (10), an amendment, repeal or
25revocation has the same extent as the provision amended, repealed or revoked
(ignoring extent by virtue of an Order in Council).

(12) Subsection (11) applies to section 29 only so far as the provisions amended
extend to England and Wales or apply in relation to service offences.

(13) Subsection (11) does not apply to amendments made by section 24(13) and (14)
30or to the amendments made by this Act in the Government Annuities Act 1929
or the Friendly Societies Act 1974 (which amendments, accordingly, extend to
England and Wales, Scotland and Northern Ireland only).

(14) Her Majesty may by Order in Council provide for any provision of section 32,
33 or 34 to extend, with or without modifications, to—

(a) 35any of the Channel Islands, or

(b) the Isle of Man.

(15) Her Majesty may by Order in Council provide for provisions of Part 8 of
Schedule 15 (amendments of Armed Forces Act 2006) to extend, with or
without modifications, to—

(a) 40any of the Channel Islands,

(b) the Isle of Man, or

(c) any of the British overseas territories.

(16) The power conferred by section 338 of the Criminal Justice Act 2003 (power to
extend to Channel Islands and Isle of Man) is exercisable in relation to any
45amendment of that Act that is made by or under this Act.

SCHEDULES

Section 1

SCHEDULE 1 The NCA & NCA officers

Part 1 5The NCA

Functions exercisable on behalf of Crown

1 NCA functions are exercisable on behalf of the Crown.

Efficiency and effectiveness

2 It is the duty of the Director General to secure that NCA functions are
10discharged efficiently and effectively.

Financial year

3 (1) The first financial year of the NCA is the period that—

(a) begins with the day on which section 1 comes into force, and

(b) ends with the following 31 March.

(2) 15After that, the financial year of the NCA is the period of 12 months ending
with 31 March.

Charging

4 (1) The NCA may charge a person for any service provided at the person’s
request.

(2) 20This paragraph has effect subject to Part 5 of Schedule 3 (payment for tasks,
assistance or facilities).

(3) In this paragraph “service” means a service of any kind (including the
provision of facilities) which is provided by means of the exercise of any
NCA function.

25Activities not limited to dealing with serious or organised crime

5 (1) For the purposes of the discharge of NCA functions which relate to
organised crime or serious crime, an NCA officer may, in particular, carry
on activities in relation to any kind of crime (whether or not serious or
organised).

(2) In circumstances in which an NCA officer reasonably suspects that an
offence is about to be, or is being, committed, that officer is not prevented
from exercising powers merely because the offence does not relate to
organised crime or serious crime.

5Activities in Scotland

6 (1) An NCA officer may only carry out activities in Scotland in relation to an
offence which an NCA officer suspects has been committed (or is being
committed) if the NCA officer does so with the agreement of the Lord
Advocate.

(2) 10In carrying out such activities in Scotland, an NCA officer must comply with
any direction (whether general or specific) given by the Lord Advocate or
the procurator fiscal.

(3) If an NCA officer suspects that an offence has been committed (or is being
committed) in Scotland, the NCA officer must report the matter to the
15procurator fiscal (or ensure that the matter is so reported by another NCA
officer) as soon as is practicable.

Part 2 NCA officers

Selection and appointment of the Director General

7 (1) 20The Secretary of State is to select and appoint the Director General, after
consultation with—

(a) the Scottish Ministers, and

(b) the Department of Justice in Northern Ireland.

(2) A person may not be appointed as Director General unless the Secretary of
25State is satisfied that the person—

(a) is capable of effectively exercising operational powers; and

(b) is a suitable person to exercise operational powers.

(3) A person need not be an NCA officer before appointment as the Director
General.

(4) 30The Director General is to hold and vacate office in accordance with the
terms and conditions of the appointment (subject to paragraph 8).

(5) The terms and conditions of an appointment as Director General are to be
determined by the Secretary of State.

(6) The terms and conditions of an appointment as Director General must
35provide for that appointment to last for a period which does not exceed 5
years; and a person who has previously been, or currently is, Director
General may be appointed again as Director General.

(7) Sections 10 to 14 of the Constitutional Reform and Governance Act 2010
(appointments of civil servants) do not apply to the appointment of the
40Director General.

Resignation or retirement of the Director General at request of Secretary of State

8 (1) The Secretary of State may call upon the Director General to resign or
retire—

(a) in the interests of efficiency or effectiveness, or

(b) 5because of misconduct by the Director General.

(2) The Secretary of State must comply with sub-paragraphs (3) and (4) before
calling upon the Director General to resign or retire.

(3) The Secretary of State must consult—

(a) the Scottish Ministers, and

(b) 10the Department of Justice in Northern Ireland.

(4) The Secretary of State must—

(a) give the Director General a written explanation of the reasons why
the Secretary of State is proposing to call for the resignation or
retirement;

(b) 15give the Director General the opportunity to make written
representations about the proposal to call for the resignation or
retirement; and

(c) consider any written representations made by the Director General.

(5) The Director General must resign or retire if called upon to do so in
20accordance with this paragraph.

Selection of other NCA officers for appointment

9 (1) The Director General is to select other persons for appointment as National
Crime Agency officers.

(2) The terms and conditions of an appointment as an NCA officer (other than
25as Director General) are to be determined by the Director General with the
agreement of the Minister for the Civil Service.

(3) This paragraph does not apply to NCA specials.

Delegation of Director General’s functions

10 (1) The Director General may arrange for any function of the Director General
30to be exercised by a senior NCA officer who is designated for the purpose by
the Director General.

(2) A designation under this paragraph may provide for a function to be
exercised by—

(a) one or more senior NCA officers specified in the designation, or

(b) 35one or more senior NCA officers of a description specified in the
designation.

(3) The Director General’s powers of direction under section 4(5) and
paragraph 11 of Schedule 3 may not be delegated under this paragraph.

(4) But those powers of direction may, in the absence of the Director General for
40any reason, be exercised by a senior NCA officer nominated for this purpose
by the Director General.

(5) In this paragraph “senior NCA officer” means an NCA officer who is at, or
above, a grade specified for this purpose by the Secretary of State in the
framework document.

Continuity

11 (1) 5Anything done by or in relation to the Director General may be continued
by or in relation to the Director General regardless of which individual holds
that office at any time.

(2) Anything done by or in relation to one NCA officer (except the Director
General) may be continued by or in relation to any other such NCA officer.

10Persons with operational powers who become NCA officers

12 (1) If a person holds a relevant office when the person becomes an NCA officer
(the “existing office”), the person’s holding of the existing office—

(a) is suspended from the time when the person becomes an NCA
officer;

(b) 15but is revived if the person—

(i) ceases to be an NCA officer, and

(ii) returns to service as holder of the existing office.

(2) Sub-paragraph (1) ceases to apply to a person who resigns from, or
otherwise ceases to hold, the other office.

(3) 20In this paragraph “relevant office”, in relation to a person who is an NCA
officer, means any other office by virtue of which that person has operational
powers (such as the office of constable, officer of Revenue and Customs, or
immigration officer), apart from the office of special constable or constable
in the Police Service of Northern Ireland Reserve.

25Secondments to NCA

13 (1) The Director General may make arrangements for persons to be seconded to
the NCA to serve as National Crime Agency officers.

(2) A member of a police force on temporary service with the NCA is to be
under the direction and control of the Director General.

(3) 30Paragraph 12(1) does not apply to a member of a special police force who is
an NCA officer by virtue of a secondment.

Secondments by NCA

14 (1) The Director General may make arrangements for NCA officers to be
seconded to a UK police force.

(2) 35An NCA officer who is seconded to a UK police force is, whilst on
secondment, under the direction and control of the chief officer of the police
force (but is not a member of the police force).

NCA specials

15 (1) The Director General may select and appoint persons as National Crime
Agency officers on a part-time unpaid basis (and such persons are referred
to in this Part of this Act as “NCA specials”).

(2) 5The terms and conditions of an appointment as an NCA special are to be
determined by the Director General.

(3) Sub-paragraph (1) does not prevent NCA specials from working otherwise
than on a part-time basis if the Director General considers that it is
appropriate for them to do so because of exceptional circumstances.

(4) 10Sub-paragraph (1) does not prevent provision being made for—

(a) the reimbursement of the expenses of NCA specials,

(b) the subsistence, accommodation or training of NCA specials, and

(c) the payment of sums to, or in respect of, current or former NCA
specials to compensate for loss attributable to injury or death
15resulting from the performance of duties as NCA specials.

(5) The Director General—

(a) may designate an NCA special under section 9 as a person having
the powers and privileges of a constable; but

(b) may not so designate an NCA special as a person having the powers
20of an officer of Revenue and Customs or the powers of an
immigration officer.

(6) If an NCA special is designated as a person having the powers and
privileges of a constable, paragraph 11(1)(b) to (d) of Schedule 5 (powers and
privileges in Scotland, Northern Ireland and outside the UK) do not apply
25in relation to the NCA special.

(7) The Director General may not—

(a) under paragraph 10, arrange for any function to be exercised by an
NCA special or nominate an NCA special to exercise a power of
direction;

(b) 30provide an NCA special by way of assistance under Part 3 of
Schedule 3 (whether in response to a request or a direction).

(8) The Secretary of State may not appoint an NCA special to be a member of an
advisory panel under paragraph 4 of Schedule 5 to make recommendations
about the operational powers of the Director General.

(9) 35The no-strike provisions in section 12 do not apply in relation to NCA
specials.

(10) No determination under regulations under section 13 may be made in
relation to the pay and allowances and other terms and conditions of
employment of NCA specials.

(11) 40If a person is both—

(a) an NCA special designated as a person having the powers and
privileges of a constable, and

(b) a special constable or a member of the Police Service of Northern
Ireland Reserve,

45none of the operational powers which the person has as an NCA special are
exercisable at any time when the person is exercising any power or privilege

which the person has as a special constable or as a member of the Police
Service of Northern Ireland Reserve.

(12) A person is not a civil servant by virtue of being an NCA special.

Section 3

SCHEDULE 2 5The framework document & annual report

Part 1 The framework document

The document

1 (1) The framework document is a document which deals with ways in which
10the NCA is to operate, including—

(a) ways in which NCA functions are to be exercised (including
arrangements for publishing information about the exercise of NCA
functions and other matters relating to the NCA), and

(b) ways in which the NCA is to be administered (including governance
15and finances of the NCA).

(2) Section 5(2) makes further provision about what may be included in the
framework document.

Duty to issue document

2 The Secretary of State must—

(a) 20issue the framework document;

(b) keep the framework document under review; and

(c) if the Secretary of State considers it appropriate, issue a new
framework document (which may be wholly or partly different from
the existing framework document).

25Duty to have regard to document

3 The Secretary of State must have regard to the framework document in
exercising functions in relation to the NCA, the Director General or any
other NCA officer.

Role of Director General

4 (1) 30The Secretary of State must—

(a) consult the Director General in preparing any framework document;
and

(b) obtain the consent of the Director General before issuing any
framework document.

(2) 35The Director General’s duty to have regard to the annual plan in exercising
functions does not apply in relation to functions under sub-paragraph (1).

Consultation with devolved administrations

5 The Secretary of State must consult—

(a) the Scottish Ministers, and

(b) the Department of Justice in Northern Ireland,

5before issuing the first framework document or any other framework
document which is, in the Secretary of State’s view, significantly different
from the framework document it replaces.

Publication & distribution

6 (1) This paragraph applies on each occasion when the Secretary of State issues
10a framework document.

(2) The Secretary of State must—

(a) arrange for the framework document to be published in the manner
which the Secretary of State considers appropriate,

(b) send a copy of the framework document to—

(i) 15the Scottish Ministers, and

(ii) the Department of Justice in Northern Ireland, and

(c) lay the framework document before Parliament.

(3) The Scottish Ministers must lay a copy of the framework document before
the Scottish Parliament.

(4) 20The Department of Justice in Northern Ireland must lay a copy of the
framework document before the Northern Ireland Assembly.

(5) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the
purposes of sub-paragraph (4) as it applies in relation to the laying of a
statutory document under an enactment.

25Part 2 The annual report

Duty to issue report

7 (1) As soon as possible after the end of each financial year, the Director General
must issue a report on the exercise of the NCA functions during that year
30(the “annual report”).

(2) The annual report relating to a financial year must include an assessment of
the extent to which the annual plan for that year has been carried out.

Publication & distribution

8 (1) The Director General must—

(a) 35arrange for the annual report to be published in the manner which
the Director General considers appropriate, and

(b) send a copy of the annual report to—

(i) the strategic partners, and

(ii) the Secretary of State.